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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman Charlie Tygard.
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, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and Neighbors (40); Absent: Adkins (1).
The Minutes of the special meeting of April 12, 2011, were approved.
- ELECTIONS AND CONFIRMATIONS -
Civil Service Commission
Reappointment of Mr. Steve Corbitt for a term expiring March 31, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Employee Benefits Study and Formulating Committee
Appointment of Mr. Bruce Sullivan. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Fair Board
Appointment of Ms. Gayle Ray for a term expiring April 6, 2016. At the request of the nominee, the confirmation was deferred to May 17, 2011.
Board of Parks and Recreation
Reappointment of Mr. Charles McTorry for a term expiring March 31, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Planning Commission
Reappointment of Dr. Judy Cummings for a term expiring March 31, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Public Library Board
Appointment of Mr. Keith Simmons for a term expiring April 6, 2015. Mr. Simmons will fill the unexpired term of Ms. Tam Gordon. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Traffic and Parking Commission
Appointment of Ms. Brenda Sanderson for a term expiring April 3, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Burch moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- PUBLIC HEARING -
A resolution exempting S & T Grill located at 3101 Clarksville Pike, Suite 6, from the minimum distance requirements for obtaining a beer permit pursuant to Section 7.08.090.E. of the Metropolitan Code. Mr. Harrison requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill and no one came forward to be heard. The President declared the public hearing closed. The resolution was approved by the Public Safety-Beer and Regulated Beverages 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
- RESOLUTIONS -
A resolution setting the date and time for the State of the Metropolitan Government Address. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Burch 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution confirming the appointment of Francis S. Guess to serve on the board of directors of The Convention Center Authority of The Metropolitan Government of Nashville and Davidson County for the remainder of the unexpired term of Darrell A. Drumwright following his resignation. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Burch 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution to approve the First Amendment to the lease agreement between The Metropolitan Government of Nashville and Davidson County and Greensboro I, L.P., extending the auxiliary parking for the Domestic Violence Program (Referral No. 2011M-003PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Ms. Gilmore 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the State of Tennessee, Department of Health, for environmental testing for particulate matter 2.5 air filters and other laboratory tests. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
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 Meharry Medical College to provide internship opportunities for students to work within the Family Youth and Infant Health Bureau. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving a contract and amendment one to the contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Vanderbilt University to establish responsibilities in complying with the Tuberculosis Trials Consortium. 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Parks and Recreation Department, to complete the Riverside Drive Connector Trail that will connect multiple neighborhoods with the Shelby Bottoms Greenway. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Cole 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution accepting a donation from The Community Foundation’s Ann Roberts Advised Fund to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Historical Commission, for the purchase of plaques for the Historical Commission’s Annual Preservation Awards program. The resolution was approved by the Budget and Finance and Planning, Zoning and Historical 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution approving an intergovernmental agreement by and between the State of Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Public Works, for a Metro ATIS Phase 1B incident response system to monitor traffic along arterial roadways in Davidson County, PIN 115235.00. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hodge 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution appropriating the amount of $12,143,100.00 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; Codes, Fair and Farmers Market; Convention, Tourism and Public Entertainment Facilities; Health, Hospitals and Social Services; Parks, Library and Recreation; Personnel-Public Information-Human Resources-Housing; Public Safety-Beer and Regulated Beverages; and Planning, Zoning and Historical 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the Metropolitan Government’s property damage claim against Taxi USA of Tennessee, LLC. 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, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (38); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Chapter 15.64 of the Metropolitan Code to require written notification to property owners when their property is included in a floodway or floodplain for the first time. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.
An ordinance to transfer the franchise granted to DukeNet Communications, LLC to reflect its new investor and new name of the franchise holder, DukeNet OpCo, LLC, which shall continue to operate as DukeNet Communications. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees by a voice vote of the Council.
An ordinance approving a maintenance and license agreement between The Metropolitan Government of Nashville and Davidson County and Tennessee State University, Meharry Medical College, and Jefferson Street United Merchants Partnership in relation to maintenance of streetscape improvements along I-40 at Jefferson Street and 28th Avenue North. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.
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 December 21, 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.
An ordinance amending Section 10.56.240 of the Metropolitan Code pertaining to the administration of the vehicle emissions testing program. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending Chapter 11.28 of the Metropolitan Code to re-adopt the juvenile curfew. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Hollin moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Title 6 of the Metropolitan Code related to public notice for open meetings of the Transportation Licensing Commission. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a wire and cable license agreement with Nashville and Eastern Railroad. The bill was approved by the Budget and Finance Committee The bill was approved by the Budget and Finance and Public Works Committees. Ms. Moore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a Memorandum of Understanding between The Metropolitan Government of Nashville and Davidson County, by and through the Mayor’s Office of Emergency Management, Clear Channel Communications, Inc., and Warning Systems, Inc., regarding the dissemination of emergency alert messages. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon and relocate 1,725 linear feet of sanitary sewer line and accept 2,045 linear feet of relocated sanitary sewer line, inverted siphon structure and easement, Project 10-SL-206, on properties traversed by Richland Creek known as Reostone Quarry and the State of Tennessee Prison, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-033ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon 110 feet of an 8 inch sanitary sewer line, Project 10-SL-227, and accept a fire hydrant assembly, Project 10-WL-112, on property located at 420 Donelson Pike, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-034ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon 596 linear feet of an 8 inch water main and easement and 843 linear feet of an 8 inch sanitary sewer and easement and to accept 640 linear feet of water main with 2 fire hydrant assemblies in properties located at 1220, 1230, 1246, and 1250 Robinson Road and Robinson Road (unnumbered) for Old Hickory Skilled Nursing Facility, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2010M-032ES-001). The bill was approved by the Planning Commission, 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.
An ordinance to abandon 500 linear feet of a 10 inch sanitary sewer main and easement and accept 462 linear feet of a 12 inch PVC pipe, 203 linear feet of a 12 foot Ductile Iron Pipe and 338 linear feet of an 8 inch PVC pipe, for a total of 1,003 linear feet of relocated sanitary sewer main and easement, Project 10-SL-232, West End Village Sewer Line, on properties located at 219 and 221 31st Avenue North and at Long Boulevard (unnumbered), and authorizing the execution of the documents to carry out said transaction (Proposal No. 2011M-001ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Langster 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 -
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 bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Wilhoite 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, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Todd, Mitchell (36); “Noes” (0).
An ordinance amending Section 10.20.340 of the Metropolitan Code to allow persons owning property in Davidson County to utilize the Metropolitan Solid Waste Convenience Centers at the same fee charged to Davidson County residents. The bill was approved by the Budget and Finance and Public Works Committees. In the absence of the sponsor, the bill was deferred pursuant to Rule No. 28 of the Rules-Confirmations-Public Elections of Procedure of the Metropolitan Council.
An ordinance amending Ordinance No. O95-1379 and Second Substitute Ordinance BL2010-645 and approving an additional extension to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing-Committees. Mr. Toler 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, Bennett, Forkum, Ryman, Jernigan, Gotto, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Foster, Dominy, Hodge, Toler, Coleman, Todd, Mitchell (35); “Noes” (0); “Abstaining” Wilhoite (1).
An ordinance approving an agreement between the Metropolitan Government and Hospital Corporation of America concerning the exchange of certain parcels of real property and construction of a new public health center (Proposal No. 2011M-004PR-001). The bill was approved by the Planning Commission, Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning and Historical Committees. Ms. Barry moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.
- MEMORIALIZING RESOLUTIONS -
A resolution opposing any state legislation that would change the Metropolitan Mayor, Vice Mayor, and/or Council terms of office to coincide with November partisan elections. The resolution was approved by the Rules-Confirmations-Public Elections. Mr. Maynard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Cole, Forkum, Ryman, Jernigan, Stanley, Page, Moore, LaLonde, Gilmore, Baker, Langster, Evans, Holleman, McGuire, Foster, Wilhoite, Toler, Coleman, Todd, Mitchell (29); “Noes” Craddock, Jameson, Gotto, Hodge, Duvall (5); “Abstaining” Bennett, Claiborne, Crafton (3).
A resolution requesting the Metropolitan Board of Public Education to either create additional academic magnet schools or abolish the academic magnet program altogether. The Education Committee recommended deferment. Pursuant to Rule No. 23 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred.
Upon motion duly seconded, the meeting was adjourned.