Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, June 7, 2011


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 Lonnell Matthews.

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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell and Neighbors (37); Absent: Burch, Stanley, LaLonde, Todd (4).

The Minutes of the regular meeting of May 17, 2011, were approved.

- ELECTIONS AND CONFIRMATIONS -

Emergency Communications District Board
Reappointment of Ms. Cleo S. Duckworth for a term expiring February 14, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. William H. Johnson, Jr. for a term expiring February 14, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Eliud Trevino for a term expiring February 14, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Fire and Building Code Appeals Board
Reappointment of Mr. Michael Bearden for a term expiring March 1, 2015. At the request of the nominee, the confirmation was deferred.

Nashville Education, Community and Arts Television Corporation (NECAT)
Reappointment of Mr. Joel Sullivan for a term expiring February 5, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Plumbing Examiners and Appeals Board
Reappointment of Mr. Edward Galbreath for a term expiring February 15, 2015. At the request of the nominee, the confirmation was deferred.

Reappointment of Mr. Nathaniel Odom for a term expiring March 10, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Public Library Board
Reappointment of Mrs. Margaret Robinson for a term expiring April 6, 2018. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Stormwater Management Committee
Reappointment of Ms. Elaine Bright for a term expiring February 8, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Councilman Adkins moved that at the time of adjournment the Council adjourn to Tuesday, June 14, 2011, at 6:00 pm for the purpose of considering on third reading Ordinance No. BL2011-921, the Capital Improvements Budget for fiscal year 2012, on third and final reading along with any other matters that the President deems appropriate for consideration at that time, which motion was seconded and adopted without objection.

- BILLS ON PUBLIC HEARING –

BILL NO. BL2011-913

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2012. The bill was approved by the Budget and Finance Committee. Ms. Barry 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 citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Barry moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-921

An ordinance adopting the Capital Improvements Budget and Program 2011-2012 through 2016-2017 for The Metropolitan Government of Nashville and Davidson County as the official Capital Improvements Budget and Program of The Metropolitan Government of Nashville and Davidson County for Fiscal Year 2011-2012. The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Ms. Barry 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 citizens were heard in favor of passage of the bill. The President declared the public hearing closed. Ms. Barry moved to pass the bill on second reading and re-refer the bill to the Budget and Finance and Planning, Zoning and Historical Committees, which motion was seconded and adopted by a voice vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2011-1633

A resolution amending the Capital Improvements Budget and Program 2010-2011 through 2015-2016 (Ordinance No. 2010-688) to add a Health Department project involving the construction of a new public health facility to replace the current Lentz public health facility. The resolution was approved by the Planning Commission, Health, Hospitals and Social Services, and Planning, Zoning and Historical Committees; the Budget and Finance Committee recommended withdrawal. Ms. Langster moved to withdraw the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2011-1671

A resolution authorizing the Metropolitan Mayor to submit Amendment One to the Action Plan for Community Development Block Grant Disaster Recovery Funds to assist with recovery needs resulting from the May floods. The bill was approved by the Budget and Finance and Federal Grants Review 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1672

A resolution appropriating to certain accounts for the benefit of the Information Technology Services, General Services Department-Office of Fleet Management, Tennessee State Fair, and Metropolitan Nashville Public Schools in the amount of Eleven Million, Two Hundred Ninety Seven Thousand, Eight Hundred Dollars ($11,297,800) from undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources. The resolution was approved by the Budget and Finance, Codes, Fair and Farmers Market, Education, and Personnel-Public Information-Human Resources-Housing 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

Without objection Resolution Nos. RS2011-1673, RS2011-1674 and RS2011-1675 were considered together.

RESOLUTION NO. RS2011-1673

A resolution amending the pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County, excluding employees of the Board of Health, Board of Education and the Fire and Police Departments, approved under Resolution No. RS2005-872, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2011, and by replacing increments with a one time only one and one-half (1.5%) percent of salary lump sum payroll adjustment, capped at $1,500. The resolution was approved by the Personnel-Public Information-Human Resources-Housing Committee; the Budget and Finance Committee recommended deferment.

RESOLUTION NO. RS2011-1674

A resolution amending the pay plan for the employees of the Metropolitan Departments of Fire and Police, approved under Resolution No. RS2005-873, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2011, and by replacing increments with a one time only one and one-half (1.5%) percent of salary lump sum payroll adjustment, capped at $1,500. The resolution was approved by the Personnel-Public Information-Human Resources-Housing and Public Safety-Beer and Regulated Beverages Committees; the Budget and Finance Committee recommended deferment.

RESOLUTION NO. RS2011-1675

A resolution amending the pay plan for employees of The Metropolitan Board of Health, approved under Resolution No. RS2005-874, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2011, and by replacing increments with a one time only one and one-half (1.5%) percent of salary lump sum payroll adjustment, capped at $1,500. The resolution was approved by the Health, Hospitals and Social Services and Personnel-Public Information-Human Resources-Housing Committees; the Budget and Finance Committee recommended deferment.

Ms. Barry moved to defer the resolutions, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2011-1676

A resolution continuing the additional compensation for the Davidson County Circuit Court Clerk in an amount equal to ten percent (10%) of his base compensation pursuant to T.C.A. § 8-24-102(j)(2), and to eliminate the additional compensation for the Davidson County Criminal Court Clerk. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Mr. Tygard 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1677

A resolution approving an intergovernmental agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department (hereinafter “MNPD”), and the U.S. Army Corps of Engineers for extra-duty police services. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1678

A resolution approving the third amendment to the lease agreement between The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department, and Signature Center, L.P. for the lease of office space for the PASS Program (Proposal No. 2011M-012PR-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. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1679

A resolution approving an Intergovernmental Agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, and the City of Franklin, Tennessee, for the distribution of state grant funds to assist with investigations of internet crimes against children. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1680

A resolution accepting a grant from Greenways for Nashville to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to provide funding and benefits for the position of Executive Coordinator of Greenways for Nashville in conjunction with Metro’s Greenways Commission. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees 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, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

Without objection Resolution Nos. RS2011-1681 and RS2011-1682 were considered together.

RESOLUTION NO. RS2011-1681

A resolution approving a grant application for a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide personal care services and homemaker services to eligible clients under the options program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2011-1682

A resolution approving a grant application for a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines at congregate meal sites and meal delivery services to eligible seniors. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

Mr. Forkum moved to adopt the resolutions, 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1683

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 Fisk University to establish a Historically Black Community Colleges and Universities Wellness project. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1684

A resolution approving a business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Fisk University to provide safeguards to prevent the use or disclosure of protected health information. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1685

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 United Neighborhood Health Services to provide health care services at the Downtown Clinic. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1686

A resolution approving a business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and United Neighborhood Health Services, Incorporated to provide safeguards to prevent the use or disclosure of protected health information. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1687

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 Critical Learning Systems, Incorporated to provide funding for consultation, technical assistance, and guidance regarding health equity for the Communities Putting Prevention to Work Grant (CPPW). 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1688

A resolution approving a business associate agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Critical Learning Systems, Incorporated to provide safeguards to prevent the use or disclosure of protected health information. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1689

A resolution approving Amendment One to a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the Matthew Walker Comprehensive Health Center for a licensed clinical social worker to provide initial behavioral health evaluations for all new Healthy Start Program participants. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1690

A resolution approving Amendment One to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide tuberculosis control, prevention, and outreach services. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1691

A resolution approving Amendment Two to a contract between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the Matthew Walker Comprehensive Health Center for a mobile clinic to provide early periodic screening diagnosis and treatment exams. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1692

A resolution approving Amendment One to 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 Hands on Nashville to recruit and coordinate the training of community volunteers to activate, operate, and de-activate points-of-dispensing (PODS) for preparedness activities. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1693

A resolution approving Amendment One to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide specific nutritious food to low income clients vulnerable to inadequate nutrition. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1694

A resolution approving Amendment Three to a grant from the U.S. Environmental Protection Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to protect air quality to achieve established ambient air standards and protect human health. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1695

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide school based oral disease prevention services to those children who qualify for TennCare. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1696

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide tobacco use prevention and control services through billboard advertising to residents of Davidson County. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1697

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to facilitate the planning, implementation, and evaluation of community-driven and evidence-based health promotion programs. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1698

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide public health activities to enhance the health and well-being of women, infants, and families by improving community resources and planning public health services. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1699

A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide care coordination services for the Children’s Special Services Program including pediatric and developmental assessment, audiology, and speech/language pathology services. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1700

A resolution approving Amendment One to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide care coordination services for the children’s special services program including pediatric and developmental assessment. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1701

A resolution approving Amendment Two 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. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1702

A resolution approving Amendment One to a grant from Vanderbilt University Medical Center, acting by and through the Vanderbilt Department of Pediatrics, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to collaborate on the Growing Right Onto Wellness (GROW) project to stop obesity in preschoolers before it becomes problematic. The resolution was approved by the Budget and Finance and Parks, Library and Recreation 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1703

A resolution authorizing The Metropolitan Government of Nashville and Davidson County to enter into Amendment One to the existing agreement with the City of La Vergne for acceptance and treatment by the Metropolitan Government of Nashville and Davidson County for sewage flow from the City of La Vergne’s sewage collection system. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

RESOLUTION NO. RS2011-1704

A resolution approving an intergovernmental license agreement with the State of Tennessee, Department of Transportation in relation to the Gateway to Heritage Phase I streetscape improvements for I-40 exits off Jefferson Street and 28th Avenue North. 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2011-920

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable the provisions of Neighborhood Conservation Overlay District for properties located south of Interstate 40 along 43rd Avenue North, 44th Avenue North, 47th Avenue North, 48th Avenue North, 50th Avenue North, 51st Avenue North, Charlotte Avenue, Elkins Avenue, Park Avenue and Sylvan Glen Court (51.93 acres), all of which is described herein (Proposal No. 2011NHC-001-001). 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. BL2011-922

An ordinance to amend the Metro Zoning Code, Chapters 17.04 (Definitions), 17.32 (Sign Regulations) and 17.40 (Administration and Procedures) to include definitions associated with Landmark Signs; a new section on Landmark Signs, and the procedure for the designation of Landmark Signs (Proposal No. 2011Z-009TX-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. BL2011-923

An ordinance amending Chapters 17.04 and 17.12 of Title 17 of the Metro Zoning Code to amend the definition of “Cottage Development, Single-Family” and the standards for Single-Family Cottage Developments (Proposal No. 2011Z-010TX-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. BL2011-924

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to modify the standards applicable to a “Home Occupation” and create a new land use with standards called “Home Business” (Proposal No. 2010Z-025TX-002). 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. BL2011-925

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to IWD zoning for property located at 3941 and 3945 Stewarts Lane, approximately 3,100 feet south of Ashland City Highway (4.44 acres), all of which is described herein (Proposal No. 2011Z-015PR-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. BL2011-926

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Mt. Laurel Reserve Specific Plan for property located at Hicks Road (unnumbered), approximately 1,160 feet east of Sawyer Brown Road (36.25 acres), to permit the development of 236 multi-family residential units where 129 multi-family residential units were previously approved, all of which is described herein (Proposal No. 2007SP-081-001). The bill was disapproved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2011-927

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IWD to MUG district for properties located at 1004 and 1016 8th Avenue South, approximately 175 feet south of Archer Street (1.31 acres), all of which is described herein (Proposal No. 2011Z-008PR-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. BL2011-928

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan for the Belle Arbor Planned Unit Development Overlay located at 3549 Brick Church Pike and at Westchester Drive (unnumbered), south of Bellshire Drive (73.59 acres), zoned RM6, R10 and partially located within the Floodplain Overlay District, to permit 351 residential units where 371 were previously approved and to eliminate three street connections, all of which is described herein (Proposal No. 2005P-023-003). 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. BL2011-929

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to MUG-A district for property located at 615 Spruce Street and 21st Avenue North (unnumbered), north of Charlotte Pike (2.06 acres), all of which is described herein (Proposal No. 2011Z-016PR-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. BL2011-930

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R20, RM9, and IWD to SP zoning for properties located at 2114 Smith Springs Road, 1806 Reynolds Road, 1812 Reynolds Road and at Reynolds Road (unnumbered), approximately 1,700 feet north of Smith Springs Road (48.57 acres), to permit a maximum of 950,000 square feet of industrial, office, warehouse and distribution, up to 78 multi-family residential units and open space uses, all of which is described herein (Proposal No. 2011SP-004-001). 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. BL2011-931

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R40 to AR2a district for property located at 7791 Charlotte Pike, approximately 2,450 feet west of Forrest Valley Drive (10.0 acres), all of which is described herein (Proposal No. 2011Z-013PR-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. BL2011-932

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from AR2a to SP zoning for property located at 4608 Ashland City Highway, approximately 3,450 feet west of Briley Parkway (5.61 acres), to permit Building Contractor, Supply and Agricultural Activity, all of which is described herein (Proposal No. 2011SP-016-001). 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. BL2011-933

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS40 to SP zoning for property located at 7836 Old Harding Pike, at the intersection of Learning Lane and Old Harding Pike (1.26 acres), to permit a daycare center, all of which is described herein (Proposal No. 2011SP-011-001). 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. BL2011-934

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to CL district for property located at Murfreesboro Pike (unnumbered), approximately 350 feet south of Vultee Boulevard (1.04 acres), all of which is described herein (Proposal No. 2011Z-005PR-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. BL2011-935

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to OR20 district for property located at 2631 Smith Springs Road, approximately 760 feet west of Bell Road (.36 acres), all of which is described herein (Proposal No. 2011Z-002PR-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. BL2011-936

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan for the Cumberland Yacht Harbor Planned Unit Development located at 2140 Lebanon Pike and 252 Donelson Hills Drive, at the southwest corner of Lebanon Pike and Donelson Hills Drive, classified MUG and located within the Floodplain Overlay District (40.0 acres), to permit the development of 126 dwelling units, 18,000 square feet of commercial space, replacing 181 dwelling units, 50,735 square feet of commercial space and a marina previously approved, all of which is described herein (Proposal No. 2003P-007-002). 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. BL2011-937

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Southview on 2nd Specific Plan (Council Bill BL2010-781) and by changing from R6 to SP for properties located at 1064, 1066, 1068, 1070, 1072 A, B, and C, 1074, A, B and C, and 1078 2nd Avenue South and at 112 Mildred Shute Avenue, at the northeast corner of 2nd Avenue South and Mildred Shute Avenue (0.93 acres), to add 0.8 acres to the Specific Plan District and to permit the development of up to 19 dwelling units, all of which is described herein (Proposal No. 2010SP-015-002). 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. BL2011-938

An ordinance to amend Chapter 2.32 of the Metropolitan Code pertaining to the authorized use of Metropolitan Government vehicles. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Transportation and Aviation Committees by a voice vote of the Council.

BILL NO. BL2011-939

An ordinance amending Section 10.68.010 of the Metropolitan Code to exempt non-projectile canons and rifles used as part of an outdoor memorial service or commemoration from the definition of “fireworks”. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages Committee by a voice vote of the Council.

BILL NO. BL2011-940

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to the construction of structures within the floodway. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

BILL NO. BL2011-941

An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to Carlex Glass America L.L.C.’s acquisition and operation of the Nashville Glass Plant. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2011-942

An ordinance approving a utility agreement between the Metropolitan Government of Nashville and Davidson County and BellSouth Telecommunications, Inc. d/b/a AT&T Tennessee in relation to construction of the Gateway Boulevard extension. 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.

BILL NO. BL2011-943

An ordinance authorizing Omni Nashville, LLC to install, construct and maintain an underground encroachment in the rights of way of 4th Avenue South and 5th Avenue South (Proposal No. 2011M-001EN-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. BL2011-944

An ordinance approving Amendment 2 to a contract between The Metropolitan Government and Ovations Food Services, LP for food and beverage services. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Convention, Tourism and Public Entertainment Facilities Committees by a voice vote of the Council.

BILL NO. BL2011-945

An ordinance abandoning easement rights in the listed seven (7) existing water, sanitary sewer and stormwater easements existing in connection with Metro Water Services project 11-SL-11 and associated with real property Map 093-10, Parcels 472.00, 447.00, 309.00, 482.00 and 317.00 located between Franklin Street, Demonbreun Street, 4th Avenue South and 5th Avenue South, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2011M-006ES-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 Committee by a voice vote of the Council.

BILL NO. BL2011-946

An ordinance authorizing the Director of Public Property, or his designee, to accept, execute and record a quitclaim deed from Academy Square, Inc. to The Metropolitan Government for a certain parcel of property and execute and convey a quitclaim deed from The Metropolitan Government to Academy Square, Inc. for an adjacent parcel of property (Proposal No. 2011M-008PR-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 Committee by a voice vote of the Council.

BILL NO. BL2011-947

An ordinance authorizing the acquisition of a 100 square foot easement for an upgrade to the Munn Road Pump Station turn around, for use in public projects of the Metropolitan Government of Nashville and Davidson County, with relation to Project Number 10-SG-220, Munn Road Pump Station (unnumbered) (Proposal No. 2010M-030ES-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 Committee by a voice vote of the Council.

Without objection, the rules were suspended for consideration of two (2) late bills.

BILL NO. BL2011-948

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from IR to MUI district for property located at 28th Avenue North (unnumbered), at the northeast corner of 28th Avenue North and Charlotte Avenue (3.06 acres), all of which is described herein (Proposal No. 2011Z-012PR-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2011-949

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Bar-B-Cutie Commercial Planned Unit Development Overlay located at 5207 Nolensville Pike, approximately 120 feet north of Brewer Drive, classified CS (1.77 acres), to permit a 560 square foot dining room addition to an existing 6,000 square foot restaurant, all of which is described herein (Proposal No. 158-75P-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2011-858

An ordinance amending Section 17.16.250 of Title 17 of the Metropolitan Code, Zoning Regulations, to modify the requirements applicable to home occupations (Proposal No. 2010Z-025TX-001). The Planning, Zoning and Historical Committee recommend withdrawal. Mr. Jameson moved to withdraw the bill, as a revised version has been submitted which renders this bill obsolete, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-912

An ordinance amending Chapter 2.20 of the Metropolitan Code establishing an Office of Administrative Hearing Officer in accordance with Title 6, Chapter 54, Part 10 of the Tennessee Code Annotated. Mr. Tygard offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2011-912

An ordinance amending Chapter 2.20 of the Metropolitan Code establishing an Office of Administrative Hearing Officer in accordance with Title 6, Chapter 54, Part 10 of the Tennessee Code Annotated. The bill was approved by the Budget and Finance and Codes, Fair and Farmers Market 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. BL2011-914

An ordinance establishing the tax levy in the General Services District for the Fiscal Year 2011-2012, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to section 6.07 of the Metropolitan Charter. The bill was approved by the Budget and Finance Committee. Ms. Barry moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-916

An ordinance amending Chapter 12.41 of the Metropolitan Code pertaining to the licensing and operation of valet services within the area of the Metropolitan Government. The bill was approved by the Budget and Finance Committee; the Traffic and Parking Committee recommended deferment. Mr. Steine moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-917

An ordinance to delete Ordinance No. BL2007-1460 in its entirety and to transfer employees of the Homelessness Commission to the Metropolitan Department of Social Services. The bill was approved by the Health, Hospitals and Social Services and Personnel-Public Information-Human Resources-Housing Committees. Ms. Barry moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-918

An ordinance amending Title 2 of the Metropolitan Code to create a Metropolitan community garden commission. The Codes, Fair and Farmers Market; Health, Hospitals and Social Services; Parks, Library and Recreation; and Planning, Zoning and Historical Committees recommended deferment. Mr. Matthews moved to defer the bill to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-919

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to accept a donation of real property being all of Parcel 319 and a portion of Parcel 174 on Tax Map 164, land to be donated for the use and benefit of the Metropolitan Board of Education (Proposal No. 2011M-011PR-001). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Coleman 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. BL2010-825

An ordinance amending Chapter 12.44 of the Metropolitan Code to provide for free parking for vehicle owners that purchase carbon offsets. The bill was approved by the Traffic and Parking Commission, Budget and Finance and Traffic and Parking Committees. Mr. Tygard moved to suspend the rules to allow an amendment on third reading and no objection was made. Mr. Tygard offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Tygard moved to pass the bill on third reading ad 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

BILL NO. BL2011-895

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from R10 to RS10 zoning for various properties located along Bel Air Drive, Catalina Drive, Cornet Drive, Currey Road, McGavock Pike and Vinson Drive (182.38 acres) with a portion of the properties along Currey Road being located within the Central State Redevelopment District, all of which is described herein (Proposal No. 2011Z-011PR-001). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Dominy moved to defer the bill on third reading, for review of additional requests that have been made by property owners to opt out of the re-zoning, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-901

An ordinance amending Chapters 17.08, 17.12, 17.16 and 17.40 of Title 17 of the Metro Zoning Code to create a new land use called "Single-Family Cottage Development" and to allow it in all two-family (R) zoning districts, and to make a technical change to Chapter 17.40 pertaining to variances (Proposal No. 2011Z-006TX-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Cole moved to defer the bill to the second meeting in July, to allow for additional public input as well as review with pending Ordinance BL2011-923, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-903

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. The bill was approved by the Public Works Committee. Mr. Coleman moved to defer the bill on third reading so that a minor housekeeping amendment recommended by the Planning Commission can be reviewed, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-904

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. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing-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, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Hodge, Toler, Coleman, Duvall, Mitchell (35); “Noes” (0); “Abstaining” Wilhoite (1).

BILL NO. BL2011-905

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. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Langster 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

BILL NO. BL2011-906

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. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Adkins 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

BILL NO. BL2011-908

An ordinance accepting a donation of one hundred bicycles to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Regions Financial Corporation for the purpose of promoting bicycling and active living. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

BILL NO. BL2011-909

An ordinance authorizing the acquisition of property by negotiation, condemnation or acceptance for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 08-WG-0097, Whites Creek Water Main, Map 04, Parcel 047, and Map 04, Parcel 181.00 (Proposal No. 2010M-014ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

BILL NO. BL2011-910

An ordinance authorizing the acquisition of certain right-of-way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2011-M-1, sidewalk improvements on Abbott Martin Road from Vailwood Drive to Cross Creek Road (Proposal No. 2011M-005PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical 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, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

BILL NO. BL2011-911

An ordinance authorizing the acquisition of certain right-of-way easements and property rights by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2011-M-2, sidewalk improvements on Harding Place from Timberhill Drive to Danby Drive (Proposal No. 2011M-006PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Hodge 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

BILL NO. BL2011-915

An ordinance approving a lease between The Metropolitan Government of Nashville and Davidson County and the Center for Charter School Excellence in Tennessee for the use of improved property at 217 South 10th Street (Proposal No. 2011M-009PR-001). The bill was approved by the Planning Commission, Budget and Finance, Education, and Planning, Zoning and Historical Committees. Mr. Jameson 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, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (36); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2011-1620

A resolution requesting the Metropolitan Board of Public Education to either create additional academic magnet schools or abolish the academic magnet program altogether. Mr. Crafton offered a substitute resolution and moved that it be accepted for filing and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2011-1620

A resolution requesting the Metropolitan Board of Public Education to provide at least one academic magnet school in each of the high school clusters. The resolution was approved by the Education Committee. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Matthews, Harrison, Hunt, Craddock, Jameson, Bennett, Forkum, Ryman, Jernigan, Gotto, Claiborne, Page, Langster, Crafton, Evans, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Mitchell (26); “Noes” Barry, Steine, Maynard, Baker, Holleman, Adkins (6); “Abstaining” Hollin, Cole, Moore, Gilmore (4).

RESOLUTION NO. RS2011-1705

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support the necessary legislation to allow the Metropolitan Government to provide an opportunity for local bidders to match the lowest bid in the award of procurement contracts, as well as to include price as a factor in awarding professional services contracts. The Budget and Finance Committee recommended deferment. Mr. Crafton moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned to June 14, 2011, at 6:00 p.m.