Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, June 21, 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 Frank Harrison.

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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and Neighbors (36); Absent: Jameson, Cole, Jernigan, LaLonde, Adkins (5).

The Minutes of the adjourned meeting of June 14, 2011, were approved.

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Ms. Karen Doty for a term expiring February 2, 2014. At the request of the nominee, the confirmation was deferred.

Reappointment of Mr. Robert Stockard, Jr. for a term expiring February 2, 2014. 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.

Agricultural Extension Board
Reappointment of Mr. Steve Butler for a term expiring August 1, 2014. At the request of the nominee, the confirmation was deferred.

Airport Authority
Reappointment of Mr. Jack O. Bovender, Jr. for a term expiring June 4, 2015. At the request of the nominee, the confirmation was deferred.

Arts Commission
Appointment of Mr. Zach Liff for a term expiring January 1, 2015. Mr. Liff will fill the unexpired term of Ms. Cindy Steine. 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.

Community Corrections Advisory Board
Reappointment of Mr. Stephen Young for a term expiring January 31, 2013. 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.

Electrical Examiners and Appeals Board
Appointment of Ms. Londa Hardcastle-Morgan for a term expiring February 15, 2015. 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.

Farmers Market Board
Reappointment of Dr. Alicia Batson for a term expiring May 5, 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.

Reappointment of Mr. Joshua Smith for a term expiring May 5, 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.

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 Ms. Jennifer Buck-Wallace for a term expiring February 5, 2014. 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
Appointment of Mr. Jeff Haynes 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.

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.

Transit Authority
Reappointment of Ms. Marian T. Ott for a term expiring May 1, 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.

- RESOLUTIONS -

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 Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.

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 Budget and Finance, Personnel-Public Information-Human Resources-Housing and Public Safety-Beer and Regulated Beverages Committees.

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 Budget and Finance, Health, Hospitals and Social Services and Personnel-Public Information-Human Resources-Housing Committees.

Ms. Barry 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1706

A resolution authorizing the execution, terms, issuance, sale and payment of general obligation refunding bonds in one or more series in the aggregate principal amount of not to exceed $240,000,000. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1707

A resolution authorizing a grant for the benefit of IQT, in an amount not to exceed One Million Six Hundred Ten Thousand dollars ($1,610,000), comprised of Nine Hundred Sixty Thousand dollars ($960,000) in the form of an economic and community development incentive grant to be administered through the Industrial Development Board of the Metropolitan Government of Nashville and Davidson County (IDB) and Six Hundred Fifty Thousand dollars ($650,000) from revenues designated for economic development in the Capitol Mall Urban Development Action Grant (UDAG) to be administered by the Metropolitan Development and Housing Agency (MDHA). 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1708

A resolution setting a public hearing regarding the acquisition and financing of certain public improvements within the proposed Biltmore Ridges Development (the “Development”) and the assessment of costs against the owners of properties within the Development. The resolution was approved by the Budget and Finance Committee. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1709

A resolution approving an application for the Juvenile Accountability Block Grant from the Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1710

A resolution accepting a grant from the State of Tennessee, Department of Children’s Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to provide community-based case management and probation services to children at high risk of state custody. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1711

A resolution approving Amendment Three to a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to establish and enforce federal and state mandated child support program guidelines for children born out of wedlock. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1712

A resolution approving an application for the Encouraging Innovation: Field-Initiated Programs Grant from the U. S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Sheriff’s Department, to modify effective jail transition practices by delivering risk/needs assessments, case planning, post release evidence based aftercare programs, and targeted interventions. The resolution was approved by the Budget and Finance 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1713

A resolution accepting the Residential Substance Abuse Treatment (RSAT) Grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to pay for one after-care counselor to assist the counseling team at the Davidson County Drug Court. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1714

A resolution accepting a grant from the State of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County for the provision of interpreter services for defendants with limited English proficiency who have been found to be indigent. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1715

A resolution approving Amendment Two 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 Public Safety-Beer and Regulated Beverages 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1716

A resolution approving an application for the Paul Coverdell Forensic Science Improvement Grant from the U. S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, to improve the quality and timeliness of forensic science and medical examiner 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1717

A resolution approving an application for the COPS Hiring Recovery Grant from the U. S. Department of Justice, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, to pay salary expenses for an additional fifty officers. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1718

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 transportation to eligible seniors and handicapped residents in 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1719

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 ARRA funding for project diabetes implementation activities to reduce the risk of adolescent diabetes by focusing on obesity prevention through physical activity and exercise. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1720

A resolution accepting a grant from the State of Tennessee, Department of Labor and Workforce Development, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Career Advancement Center, to establish programs and deliver services to prepare youth for re-entry into the labor force (LW09P111YOUTH12). The resolution was approved by the Budget and Finance 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1721

A resolution approving Amendment Two to a grant from the Tennessee Stormwater Association to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to assist with the cost of implementing green technology at the McCabe Park Community Center. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1722

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (Map 119-08 Parcels 044.00 and 045.00) for use in the Mill Creek greenway system (Proposal No. 2011M-013PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Ms. Page 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1723

A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County and the City of Belle Meade concerning street paving in connection with water line replacement along and near Belle Meade Boulevard. The resolution was approved by the Budget and Finance and Public Works 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1724

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County authorizing the acquisition and removal of 22 houses and two vacant lots located in various floodway and floodplain areas in Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Claiborne 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).
Without objection, the rules were suspended for consideration of three (3) late resolutions.

RESOLUTION NO. RS2011-1726

A resolution approving 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 Department of Public Works, for the purpose of collecting and disposing of waste tires. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1727

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 Good Food for Good People, Incorporated to focus on creating a supportive, compelling training environment to support an intentional re-adaptation of gardening for health food security. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

RESOLUTION NO. RS2011-1728

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 Good Food for Good People, Incorporated to fund the acquisition of two wireless Supplemental Nutrition Assistance Program Electronic Benefits Transfer machines (SNAP EBT) to be used in neighborhood farmers markets. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2011-951

An ordinance amending Title 2 of the Metropolitan Code by adding a new Chapter 2.190 governing rulemaking by Metropolitan Government departments, agencies, boards and commissions. 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. BL2011-952

An ordinance amending Chapter 5.10 of the Metropolitan Code to allow public art funds to be used for the commissioning and installation of statues, memorials, and monuments. 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. BL2011-953

An ordinance amending Chapter 16 of the Metropolitan Code of Laws by adopting the 2011 Edition of the National Electrical Code and amendments thereto. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.

BILL NO. BL2011-954

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 Crestview Drive right-of-way (Proposal No. 2011M-003AB-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 & Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2011-955

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 March 22, 2011. 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.

- BILLS ON SECOND READING -

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. The Rules-Confirmations-Public Elections Committee recommended withdrawal. Mr. Hollin moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-835

An ordinance amending Section 6.74.025 of the Metropolitan Code to eliminate the minimum charge for livery services. The Budget and Finance; Convention, Tourism and Public Entertainment; Public Safety-Beer and Regulated Beverages; and Transportation and Aviation Committees recommended deferment. Mr. Crafton moved to defer the bill indefinitely, 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 Traffic and Parking Commission, Budget and Finance and Traffic and Parking Committees. Mr. Steine offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Steine moved to pass the bill on second reading as amended, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Transportation and Aviation 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. BL2011-939

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”. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Gotto moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance Committee. Mr. Baker moved to pass the bill on second reading, which motion was seconded and adopted 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. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Ms. Wilhoite abstaining.

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. The bill was approved by the Budget and Finance and Convention, Tourism and Public Entertainment Facilities 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. BL2011-946

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, Public Works and Planning, Zoning and Historical Committees Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Hodge abstaining.

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, Public Works and Planning, Zoning and Historical Committees. Mr. Stanley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2011-950

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 Standard Candy Company. The bill was approved by the Budget and Finance Committee. Mr. Claiborne 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 -

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 offered Amendment No. 3 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dominy moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Matthews, Harrison, Hunt, Craddock, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (31); “Noes” (0); “Abstaining” Maynard, Hollin, Moore, Gilmore (4).

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 offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Coleman moved to pass the bill on third reading as amended, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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 Committees. Mr. Tygard 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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. Ms. Barry offered a substitute ordinance and moved that it be accepted for filing and no objection was made.

SUBSTITUTE 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 substitute bill was approved by the Budget and Finance Committee. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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 third reading, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

SUBSTITUTE BILL NO. BL2011-940

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to the construction of structures within the floodway. The bill was approved by the Public Works Committee. 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, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (35); “Noes” (0).

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, 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, Bennett, Forkum, Ryman, Gotto, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

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, 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, Bennett, Forkum, Ryman, Gotto, Stanley, Claiborne, Page, Moore, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (34); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

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 indefinite deferment. Mr. Crafton moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2011-1725

A resolution expressing the Metropolitan Council’s desire that the Council be regularly updated as to the lobbying efforts by the Mayor and his administration concerning legislation pending in the Tennessee General Assembly. The Rules-Confirmations-Public Elections 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.