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Minutes Metropolitan Council Meeting |
The Metropolitan Council met in regular session on this date at 6:30 p.m. in the Metropolitan Courthouse.
The invocation was offered by Councilman Mike Jameson.
The Metropolitan Council gave the pledge of allegiance to the American Flag.
The roll was called and the following members were present during the progress of the meeting: Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell and Neighbors (41); Absent: (0).
The Minutes of the regular meeting of August 2, 2011, were approved.
- ELECTIONS AND CONFIRMATIONS -
Criminal Court Clerk
The President announced that an election would be held to fill the vacancy in the office of Davidson County Criminal Court Clerk, and the nominees were: Gayle S. Barbee, Michael Craddock, Frank G. Friedman, Howard C. Gentry, Jr., and Steven R. Murff. Mr. Adkins, Chairman of the Rules-Confirmations-Public Elections-Aviation Committee, reported that the Committee had considered and found all candidates to be qualified for the office. The ballot was taken, and the Clerk reported the following vote: Barbee: Wilhoite (1); Craddock: Craddock, Bennett, Gotto, Burch, Gotto, Crafton, Foster, Dominy, Hodge, Duvall (10); Friedman: Toler, (1); Gentry: Garrett, Barry, Steine, Maynard, Matthews, Harrison, Hunt, Cole, Forkum, Ryman, Jernigan, Page, Moore, LaLonde, Gilmore, Baker, Langster, Holleman, McGuire, Adkins, Coleman, Todd, Mitchell (23); Murff: Tygard, Hollin, Jameson, Stanley, Evans (5). The President declared that Howard Gentry, Jr. was elected to the office of Davidson County Criminal Court Clerk until the next general election.
Hospital Authority
Appointment of Dr. Jan Brandes for a term expiring June 28, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Adkins moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Dr. Michele Williams for a term expiring February 15, 2012. At the request of the nominee, the confirmation was deferred.
Plumbing Examiners and Appeals Board
Appointment of Mr. Frank Sullivan for a term expiring February 1, 2015. At the request of the nominee, the confirmation was deferred.
At this time Mr. Garrett moved that at the time of adjournment of this meeting, all previously deferred Resolutions and Ordinances still pending at that time be withdrawn and that the Council adjourn sine die, which motion was seconded and adopted by a voice vote of the Council.
- RESOLUTIONS -
A resolution repealing Resolution No. RS2011-1707 for the purpose of rescinding the Metropolitan Council’s approval of a grant in an amount not to exceed One Million Six Hundred Ten Thousand Dollars ($1,610,000) for the benefit of IQT, Inc. The resolution was approved by the Budget and Finance Committee. Ms. Barry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, for funding to conduct arts projects in 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution accepting 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. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Meharry Medical College to provide a physician or resident physician to staff a mobile clinic to provide obstetrical and pediatric medical care to participants enrolled in the Music City Healthy Start Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Forkum moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving a contract for services by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and Benedictine University to provide internship opportunities for students seeking a Master’s Degree in Public 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving Amendment Three 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing the implementation of an incentive program for employees enrolled in the self-insured medical plans of the Metropolitan Government to utilize the Healthcare Centers of the Metropolitan Nashville Public Schools. The resolution was approved by the Budget and Finance, Education, Health, Hospitals and Social Services, 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
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 adults for re-entry into the labor force (LW09P111ADULT12). 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
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 dislocated workers for re-entry into the labor force and to offer training to those facing serious barriers to productive employment (LW09P111DSLWK12). 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving cooperative agreement No. 11ESTNGEML00042 with the United States Department of the Interior - United States Geological Survey to maintain in cooperation with The Metropolitan Government of Nashville and Davidson County the installation of backup radio modems for flood warning gauges and webcams in various streams in Davidson County. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving an application for a grant from the Community Foundation of Middle Tennessee to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, in conjunction with Animal Control, to purchase materials to construct animal shelters. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving a PAWS Dog Houses Grant from The Memorial Foundation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, in collaboration with the Metropolitan Animal Control Center to build animal shelters and a work shed. 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, to reduce litter along county, state, and interstate highways within Davidson County. The resolution was approved by the Budget and Finance, Public Safety-Beer and Regulated Beverages and Public Works 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
RESOLUTION NO. RS2011-1795
A resolution accepting a grant from the Public Defender Corps Fellowship to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Public Defender’s Office, to serve as a host site for a national pilot program called the Public Defender Corps. Ms. Langster offered a substitute resolution and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS2011-1795
A resolution approving a Memorandum of Agreement among Equal Justice Works, the Southern Public Defender Training Center, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Public Defender’s Office, to serve as a host site for a national pilot program called the Public Defender Corps, and accepting funding for the pilot program. 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving Amendment One to the Interlocal Mutual Aid Agreement between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Fire Department, and the City of Goodlettsville for mutual firefighting, rescue, and first responder EMS assistance. The resolution was approved by the
Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving an intergovernmental agreement between the United States Department of Justice, Drug Enforcement Administration (DEA), and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Police Department, to provide police assistance to the Middle Tennessee Drug Enforcement Task Force. 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving a grant by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, and the Metropolitan Development and Housing Agency for the Kirkpatrick Park Summer Enrichment Program to offer children in the neighborhood enrichment activities during the summer. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution accepting a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to provide twelve big band dances in Centennial Park. 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
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 to support the Music City Workforce Development Program’s off-site location facilitated by the Jefferson Street United Merchants Partnership (J.U.M.P.). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving Amendment One to a package of grants from the Friends of Warner Parks to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to provide staffing for the Warner Parks Center and Nature Center support, the Waterer Program, and the SWEAT Program for additional labor for summer maintenance. 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving Cooperative Agreement No. 68-4741-1-084 with the United States Department of the Agriculture – National Resources Conservation Service to stabilize the stream bank at Whites Creek. 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing Jefferson Street Lofts LP, DBA Germantown Place, to construct, install and maintain an aerial encroachment at 310 Jefferson Street (Proposal No. 2011M-005EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing 2020 West End Group Associates, GP, DBA Five Guys, to construct, install, and maintain an aerial encroachment at 2016 West End Avenue (Proposal No. 2011M-009EN-001). The resolution was approved by the Planning Commission, Public Works 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing Papa Russell, Inc., DBA The National Underground, to construct, install, and maintain an aerial encroachment at 105 Broadway (Proposal No. 2011M-010EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing Nashville Data Link, Inc., to construct, install and maintain an aerial encroachment at 4th Avenue South, Nolensville Pike, Rains Avenue, Herron Drive and Interstate Boulevard South (Proposal No. 2011M-008EN-001). The resolution was approved by the Planning Commission, Public Works 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Nora Davis, Debra Tuders, Ben Upton, and Elizabeth Upton against the Metropolitan Government of Nashville and Davidson County in the amount of $195,000.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Ms. Barry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
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. Ms. Barry moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
A resolution approving the election of certain Notaries Public for Davidson County. The resolution was approved by the
Rules-Confirmations-Public Elections –Committee. Mr. Adkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
Without objection, the rules were suspended for consideration of one (1) late resolution.
A resolution authorizing Kentucky Data Link, d/b/a Nashville Data Link, Inc., to construct, install and maintain an aerial encroachment along Brick Church Pike and Trinity Lane (Proposal No. 2011M-011EN-001). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Harrison moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
- BILLS ON THIRD READING -
An ordinance amending Chapter 12.76 of the Metropolitan Code to provide maintenance standards for bridges owned or maintained by railroad companies. The bill was disapproved by the Budget and Finance, Codes, Fair and Farmers Market and Public Works Committees. Mr. Gotto moved to pass the bill on third reading, which motion was seconded and failed by the following vote: “Garrett, Craddock, Gotto, Burch, Stanley, Langster, Crafton, Dominy, Wilhoite, Duvall (10); Noes” Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Page, Moore, LaLonde, Gilmore, Baker, Evans, Holleman, McGuire, Adkins, Foster, Hodge, Toler, Coleman, Todd, Mitchell (29); “Abstaining” (1).
Without objection Bill Nos. BL2011-901 and BL2011-923 were considered together.
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 offered Amendment No. 3 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Hodge offered Amendment No. 4 and moved for its adoption, which motion was seconded. Mr. Burch moved to suspend the rules to allow the amendment to be amended and no objection was made. Ms. Langster moved to suspend the rules to allow the amendment to be amended and no objection was made.
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). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.
Mr. Cole moved to withdraw the bills, which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE 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 SP zoning for property located at 2631 Smith Springs Road, approximately 760 feet west of Bell Road (0.36 acres), to permit residential and low intensity non-residential uses including a single-family residential dwelling unit, a two-family residential dwelling unit, personal care instruction (limited to a maximum of 2,000 square feet), general office (limited to a maximum of 2,000 square feet), and/or medical office (limited to a maximum of 2,000 square feet) (Proposal No.2011SP-017-001). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Ms. Wilhoite offered a second substitute ordinance and moved that it be accepted for filing, which was accepted by a roll call vote.
SECOND SUBSTITUTE 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 SP zoning for property located at 2631 Smith Springs Road, approximately 760 feet west of Bell Road (0.36 acres), to permit residential and low intensity non-residential uses including a single-family residential dwelling unit, a two-family residential dwelling unit, or an office for an employment agency (limited to a maximum of 2,000 square feet)(Proposal No. 2011SP-017-001). Ms. Wilhoite moved to pass the bill on third reading, which motion was seconded and failed by the following vote: “Ayes” Maynard, Harrison, Hunt, Jernigan, Claiborne, Moore, Gilmore, Baker, Langster, Crafton, McGuire, Adkins, Foster, Wilhoite, Toler, Mitchell (16); “Noes” Garrett, Barry, Tygard, Steine, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Gotto, Burch, Stanley, Page, LaLonde, Evans, Holleman, Dominy, Hodge, Coleman, Duvall, Todd (23); “Abstaining” Matthews (1).
An ordinance amending Section 6.04.035 of the Metropolitan Code to designate the Department of Public Works as an additional agency for the enforcement of ordinances prohibiting the placement of signs on utility poles, in the public right-of-way, and on public property. The bill was approved by the Codes, Fair and Farmers Market and Public Works 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
An ordinance naming the bridge on Newsom Station Road over the Harpeth River in honor and memory of Danny Tomlinson. The bill was approved by the Public Works and Planning, Zoning and Historical 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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Gilmore, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (40); “Noes” (0).
An ordinance approving the disposition of a certain parcel of real property located at 106 Old Brick Church Pike in Goodlettsville, known as the former Goodlettsville Public Library, by the Director of Public Property (Proposal No. 2011M-015PR-001).The bill was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees. Mr. Ryman 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Department of Public Works, and Creative Outdoor Advertising of America to provide a public right-of-way recycling and waste collection system within the USD with sponsorship rights, and authorizing the execution of the same. The bill was approved by the Budget and Finance and Public Works 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance approving a lease agreement with the State of Tennessee, Department of Transportation in relation to construction and maintenance of a berm (Proposal No. 2011M-016PR-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, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance authorizing Innophos, Inc. to install, construct and maintain an underground and aerial encroachment within the right-of-way of Centennial Boulevard (Proposal No. 2011M-002EN-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Baker moved to pass the bill on 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance authorizing Nashville Data Link, Inc. to install, construct and maintain an underground and aerial encroachment at Murfreesboro Road to Elm Hill Pike to Orr Avenue to Rundle Avenue to Fesslers Lane (Proposal No. 2011M-007EN-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Moore 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance approving a lease agreement with the State of Tennessee, Department of Transportation in relation to the Gateway to Heritage Phase IB streetscape improvements (Proposal No. 2011M-014PR-001). The bill was approved by the Planning Commission, 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
An ordinance approving and accepting a contribution in the amount of $50,000 from Centex Homes for road improvements at the intersection of Hamilton Church Road and Mt. View Road. The bill was approved by the 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, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Baker, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (39); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution calling for the resignation of Davidson County Clerk John Arriola. The Rules-Confirmations-Public Elections Committee recommended indefinite deferment. Mr. Duvall moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Metropolitan Department of Law to prepare and file an amicus brief in support of the plaintiffs’ lawsuit challenging the constitutionality of the Equal Access to Intrastate Commerce Act. The resolution was approved by the Budget and Finance Committee. Ms. LaLonde moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hunt, Hollin, Jameson, Cole, Jernigan, Stanley, Page, Moore, LaLonde, Baker, Langster, Evans, Holleman, McGuire, Wilhoite, Toler, Coleman, Todd, Mitchell (26); “Noes” Craddock, Bennett, Forkum, Ryman, Claiborne, Crafton, Foster, Dominy, Hodge (9); “Abstaining” Gotto, Burch, Adkins (3).
A resolution calling for the Mayor to consider alternative areas to the Historic Fairgrounds of Davidson County for Economic Development Initiatives. The resolution was disapproved by the Codes, Fair and Farmers Market Committee. Mr. Gotto moved to adopt the resolution, which motion was seconded and failed by the following vote: “Ayes” Garrett, Tygard, Craddock, Hollin, Bennett, Gotto, Burch, Stanley, Claiborne, Crafton, Foster, Dominy, Hodge, Toler, Duvall, Todd (16); “Noes” Barry, Steine, Maynard, Matthews, Harrison, Jameson, Cole, Forkum, Ryman, Jernigan, Page, Moore, LaLonde, Langster, Evans, McGuire, Adkins, Wilhoite, Mitchell (19); “Abstaining” Holleman (1).
A resolution supporting the actions of the high school students that participated in the protests of Senate Bill SB0049, commonly referred to as the “Don’t Say Gay” bill, outside the State Capitol. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Hollin moved to adopt the resolution, which motion was seconded. Mr. Crafton requested a suspension of the Rules to allow an amendment and an objection was made. The matter recurred on the motion to adopt and was and adopted by the following vote: “Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Hollin, Jameson, Cole, Jernigan, Stanley, Page, Moore, LaLonde, Langster, Evans, Holleman, McGuire, Adkins, Wilhoite, Todd, Mitchell (23); “Noes” Craddock, Forkum, Ryman, Gotto, Burch, Foster, Dominy, Hodge, Toler, Duvall (10); “Abstaining” Bennett, Claiborne, Crafton (3).
A resolution recommending implementation of the Metro Tree Advisory Committee’s proposal for managing Nashville’s urban forest. The resolution was approved by the Codes, Fair and Farmers Market Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Barry, Tygard, Steine, Maynard, Matthews, Harrison, Craddock, Hollin, Jameson, Cole, Bennett, Forkum, Ryman, Jernigan, Gotto, Burch, Stanley, Claiborne, Page, Moore, LaLonde, Langster, Crafton, Evans, Holleman, McGuire, Adkins, Foster, Dominy, Wilhoite, Hodge, Toler, Coleman, Duvall, Todd, Mitchell (37); “Noes” (0).
Pursuant to the motion previously adopted, the following Resolutions and Ordinances were withdrawn:
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Upon motion duly seconded, the meeting was adjourned sine die.