Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, December 21, 2010


The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.

The invocation was offered by Dr. Gene Mims of Judson Baptist Church.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and President Neighbors (41); Absent: (0).

The Minutes of the regular meeting of December 7, 2010, were approved.

- ELECTIONS AND CONFIRMATIONS -

Social Services Commission
Appointment of Ms. Mary Rolando for a term expiring April 3, 2015. At the request of the nominee, the confirmation was deferred.

Metropolitan Development and Housing Agency
Appointment of Mr. Gary Brown for a term expiring November 5, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Human Relations Commission
Appointment of Ms. Loraine Segovia-Paz for a term expiring April 8, 2012. At the request of the nominee, the confirmation was deferred.

- PUBLIC HEARING -

RESOLUTION NO. RS2010-1483

A resolution exempting Park Cafe located at 4403 Murphy Road from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. Mr. Holleman requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and citizens were heard in favor of passage of the resolution. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Holleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2010-1465

A resolution removing the members of the Metropolitan Board of Fair Commissioners. The Rules-Confirmations-Public Elections Committee recommended withdrawal. Mr. Crafton moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2010-1484

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed One Million Dollars. The Budget and Finance Committee recommended deferment. Ms. Barry moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2010-1485

A resolution approving a short term Intra-governmental loan in the amount of five million dollars ($5,000,000) from the Metropolitan Government of Nashville and Davidson County to the Metropolitan Development and Housing Agency. The resolution was approved by the Budget and Finance Committee with an amendment. Ms. Barry offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. Barry moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1486

A resolution authorizing the Metropolitan Mayor to submit an Annual Update to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The resolution was approved by the Federal Grants Review Committee. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1487

A resolution authorizing the Metropolitan Mayor to submit an Action Plan for Community Development Block Grant Disaster Recovery Funds to assist with recovery needs resulting from the May floods. The resolution was approved by the Budget and Finance and Federal Grants Review Committees. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1488

A resolution approving the appointment of Amy R. McMaster, M.D. as the county medical examiner for the Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Health, Hospitals and Social Services and Rules-Confirmations-Public Elections Committees. Ms. Barry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010- 1489

A resolution accepting a grant from the State of Tennessee, Tennessee Emergency Management Agency, to The Metropolitan Government of Nashville and Davidson County, to provide public assistance pursuant to Presidential Disaster Declaration number FEMA-1909-DR-TN to complete repairs and/or replacement to facilities damaged during April and May 2010. The resolution was approved by the Budget and Finance Committee. Ms. Barry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1490

A resolution approving Amendment One to a grant from the Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to divert felony offenders from the Tennessee prison system by providing community supervision and treatment services. The resolution was approved by the Budget and Finance Committee. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1491

A resolution accepting a grant from the State of Tennessee, Department of Correction, to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, for the expenses of housing and treating non-violent felony offenders with co-occurring addiction and mental health disorders. The resolution was approved by the Budget and Finance Committee. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1492

A resolution accepting a grant from the Southeast Energy Efficiency Alliance to The Metropolitan Government of Nashville and Davidson County, acting by and through the Mayor’s Office of Environment and Sustainability, to increase residential energy efficiency building retrofits which include financial incentives to homeowners and community outreach programs. The resolution was approved by the Budget and Finance Committee. Ms. Barry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1493

A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Tennessee State University to provide consultation on survey questions, sampling design, and data collection related to the Communities Putting Prevention to Work goals and objectives. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Barry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1494

A resolution appropriating the amount of $5,963,400.00 from the General Fund Reserve Fund for the purchase of equipment and building repairs for various departments of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance, Parks, Library and Recreation, and Public Safety-Beer and Regulated Beverages Committees. Ms. Barry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1495

A resolution authorizing an aerial encroachment extending six feet into a recorded pedestrian easement at 4601 Gallatin Pike for U.S. Bank (Proposal No. 2010M-007EN-001). The resolution was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Ms. Bennett moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1496

A resolution authorizing HCA, Inc. to install, construct and maintain aerial encroachments at 2222 Murphy Avenue for Centennial Medical Center (Proposal No. 2010M-008EN-001). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committees; the Public Works Committee recommended deferment. Ms. Langster moved to suspend the rules to override the committee recommendation for deferment and no objection was made. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1497

A resolution authorizing Rick’s Ranchwear, c/o Boot Country, to install, construct and maintain an aerial encroachment at 304 Broadway for Boot Country (Proposal No. 2010M-005EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

RESOLUTION NO. RS2010-1498

A resolution authorizing Sedona Sun, LLC to install, construct and maintain an aerial encroachment at 423 Broadway for Troubadours (Proposal No. 2010M-011EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

Without objection, the rules were suspended for consideration of one (1) late resolution.

RESOLUTION NO. RS2010-1500

A resolution submitting to the Metropolitan Planning Commission a proposed plan of services for the extension of the boundaries of the Urban Services District to include certain property located on Highway 70 South, all of which is more particularly described herein. Mr. Mitchell moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2010-820

An ordinance amending Chapter 2.78 of the Metropolitan Code to require the Board of Fair Commissioners of the Metropolitan Government of Nashville and Davidson County to hold a state fair on the fairgrounds property in 2011, to continue operating the expo center at the fairgrounds until a suitable relocation site has been identified, and to oversee the demolition of the existing racetrack facilities for use as a public park. Ms. Moore moved pass the bill on first reading, which motion was seconded. Mr. Dominy moved to suspend the rules to allow the public to address the Council at this time. The motion was seconded but was subsequently withdrawn. Mr. Dominy moved to suspend the rules to allow the public to address the Council on this bill and BL2010-770 at its regular meeting on January 18, 2011, which motion was seconded and adopted by a roll call vote of the Council, The matter recurred on the motion to pass the bill on first reading and refer the bill to the Budget and Finance; Codes, Fair and Farmers Market; and Parks, Library and Recreation Committees, which motion was adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Forkum, Ryman, Jernigan, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Wilhoite, Hodge, Toler, Todd, Mitchell (34); “Noes” Craddock, Bennett, Gotto, Dominy, Coleman, Duvall (6).

BILL NO. BL2010-821

An ordinance amending Section 2.196.040 of the Metropolitan Code to increase the annual filing fee for the registration of lobbyists. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Rules-Confirmations-Public Elections Committees by a voice vote of the Council.

BILL NO. BL2010-822

An ordinance amending Section 2.222.020 of the Metropolitan Code to prohibit persons serving on Metropolitan Government boards or commissions from engaging in lobbying activity. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

BILL NO. BL2010-823

An ordinance repealing Ordinance No. BL2007-1544, as amended, to rescind the Metropolitan Council’s approval of the lease agreement between the Metropolitan Government and Belmont University concerning the development and shared use of Rose Park. Mr. Jameson moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-824

An ordinance amending Ordinance No. BL 2010-689 to extend the deadline for the waiver of certain permit fees when obtaining a permit for repairing or rebuilding property damaged as a result of the May 2010 flooding. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Codes, Fair and Farmers Market Committees by a voice vote of the Council.

BILL NO. BL2010-825

An ordinance amending Chapter 12.44 of the Metropolitan Code to provide for free parking for vehicle owners that purchase carbon offsets. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Budget and Finance and Traffic and Parking Committees by a voice vote of the Council.

BILL NO. BL2010-826

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before August 17, 2010. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.

BILL NO. BL2010-827

An ordinance amending Chapters 17.04, 17.08, and 17.16 of the Metropolitan Code by deleting the definitions of “cash advance”, “check cashing”, “pawnshop”, and “title loan”, and deleting such uses from the land use table and the land use development standards (Proposal No. 2010Z-024TX-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2010-828

An ordinance authorizing the acquisition of properties or easements by negotiation or condemnation for use in public projects of the Metropolitan Government of Nashville and Davidson County, Project Number 93-SC-34, Whites Creek Wastewater Pumping Station Improvements, on properties at Ashland City Highway and East Stewarts Lane (Proposal No. 2010M-021ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2010-829

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2010M-002OT-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2010-830

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning an unnamed right-of-way (Proposal No. 2007M-237U-10). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2010-831

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of Alley No. 1916 and an unnumbered alley (Proposal No. 2009M-005AB-001). The bill was approved by the Planning Commission and Traffic and Parking Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2010-768

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by accepting Hoggett Ford Road as a public road (Proposal No. 2010M-009PR-001). The Public Works and Planning, Zoning and Historical Committees recommended withdrawal. Mr. Stanley moved to withdraw the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-795

An ordinance accepting a contribution in an amount not to exceed $200,000 from The Parkes Companies, Inc., for traffic calming and beautification projects in the Annex Avenue and Hillwood neighborhoods, and appropriating said amount to the Department of Public Works. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Evans moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-806

An ordinance amending Title 2 of the Metropolitan Code of Laws relative to Economic and Community Development Incentive Grants. The Budget and Finance Committee recommended deferment. Ms. Barry moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-807

An ordinance amending Title 2 of the Metropolitan Code to create a Food Policy Council. The Codes, Fair and Farmers Market; Education; and Health, Hospitals and Social Services Committees recommend indefinite deferment. Ms. Gilmore moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-808

An ordinance amending Section 2.222.020 of the Metropolitan Code to allow Members of the Metropolitan Council to act as a non-compensated representative for constituents before Metropolitan Government departments, agencies, boards and commissions. The Rules-Confirmations-Public Elections Committee recommended deferment. Ms. Wilhoite moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-809

An ordinance amending Chapter 2.44 of the Metropolitan Code to require the Police Department to provide an honor guard and/or police escort for the funerals of retired and active police officers at the request of the officer’s family. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Gotto moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-810

An ordinance amending Chapter 2.196 of the Metropolitan Code to require lobbyists to file a notice of withdrawal upon the termination of lobbying services. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Hollin moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-811

An ordinance amending Section 11.12.070 of the Metropolitan Code to prohibit the use of personal sound amplification equipment on the public rights-of-way within downtown Nashville. The bill was approved by the Codes, Fair and Farmers Market Committee; the Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Jameson moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-812

An ordinance naming the Metropolitan Council Chamber in honor of David Scobey. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-813

An ordinance approving a construction agreement with CSX Transportation, Inc. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Hollin moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-814

An ordinance approving an agreement between Vanderbilt University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, for the installation of and access to wind and solar power generating facilities on Love Circle Reservoir property in Davidson County, Tennessee and authorizing the execution of same. The bill was approved by the Budget and Finance and Public Works Committees. Ms. LaLonde moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-815

An ordinance authorizing the acquisition of property or easements by negotiation or condemnation for use in public projects of the Metropolitan Government of Nashville and Davidson County, initially with relation to Project Number 03-D-00500, Pierce Road, as listed on Exhibit A (Proposal No. 2009M-022PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Forkum moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-816

An ordinance authorizing the acceptance or acquisition of easements by negotiation or condemnation for the purpose of construction, operation, maintenance, repair, replacement and inspection of a proposed streambank stabilization project on the Cumberland River adjacent to Waterford subdivision (Proposal No. 2010M-031ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Jernigan moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-817

An ordinance naming the bridge on Old Harding Pike over the Harpeth River in honor and memory of Joseph and Bessie Formosa and Mary Jane McCormac. The bill was approved by the Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-818

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of Alley No. 2007 (Proposal No. 2010M-011AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission and Planning, Zoning and Historical Committee; the Public Works and Traffic and Parking Committees recommended deferment. Mr. Harrison moved to suspend the rules to override the committee recommendation for deferment and no objection was made. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-819

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of Lakehurst Drive (Proposal No. 2010M-013AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

SUBSTITUTE BILL NO. BL2010-734

An ordinance amending Chapter 12.44 of the Metropolitan Code to provide for free parking for environmentally friendly vehicles in parking meter zones. The bill was approved by the Traffic and Parking Commission, Budget and Finance and Traffic and Parking Committees. Mr. Holleman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2010-784

An ordinance to amend Section 17.40.650 of the Metropolitan Code, Zoning Regulations, to provide for relocation of Nonconforming Uses, all of which is more particularly described herein (Proposal No. 2010Z-020TX-001). Mr. Hollin offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2010-784

An ordinance to amend Section 17.40.650 of the Metropolitan Code, Zoning Regulations, to provide for the conditional relocation of Nonconforming Uses, all of which is more particularly described herein (Proposal No. 2010Z-020TX-001). Mr. Hollin moved to defer the bill on third reading and re-refer the bill to the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2010-793

An ordinance amending Title 1, Title 5, Title 6, Title 11, and Title 12 of the Metropolitan Code pertaining to fines and penalties for violations of ordinances, resolutions, rules, regulations, or orders of the Metropolitan Government. The bill was approved by the Budget and Finance and Traffic and Parking Committees. Ms. Barry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

SUBSTITUTE BILL NO. BL2010-794

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to low impact development practices, no adverse impact design, and associated incentives. The bill was approved by the Public Works Committee. Mr. Jernigan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).

BILL NO. BL2010-796

An ordinance approving an agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, and CCBCC Operations, LLC, for the purpose of promoting recycling and environmental awareness through a Recycle and Win Program. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Barry moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2010-797

An ordinance authorizing the Metropolitan Government to participate with Rogers Group, Inc. to improve public sewer service in Davidson County by constructing the Basswood & Cockrill Bend Trunk Sewer Line Relocation Project No: 10-SL-206. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Baker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (38); “Noes” (0).

- MEMORIALIZING RESOLUTION -

RESOLUTION NO. RS2010-1499

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly and the Tennessee Regulatory Authority to enact and implement the necessary regulations to prohibit utilities from basing the amount of a customer’s security deposit on a previous customer’s usage. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (38); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.