Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, February 21, 2012


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

The invocation was offered by Mr. Will Acuff, Cleveland Park Neighborhood Leader.

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: Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell and Neighbors (39); Absent: Maynard, Allen (2).

Mr. Steine moved to amend the minutes of the February 7, 2012 meeting to reflect the correct roll call vote for Resolution RS2012-189, which motion was seconded and the minutes were adopted as amended.

- MAYOR’S MESSAGE -

February 21, 2012

The Honorable Diane Neighbors, Vice Mayor
Members of the Metropolitan Council
The Metropolitan Government of Nashville and Davidson County
Metropolitan Courthouse, Suite 204
Nashville, TN 37201

Dear Vice Mayor Neighbors and Members of the Council:

Please find attached the State of Tennessee reporting forms required to be submitted to the local legislative body following the sale of bonds previously authorized by the Metropolitan Council. The reports are for the following bond sales:

$129,625,000 Subordinate Lien Water/Sewer Revenue Refunding Bonds, Series 2012 (RS2011-115)

$227,110,000 General Obligation Refunding Bonds, Series 2012 (RS2012-130)

Both issues were structured in conformance with the Metropolitan Government’s recently adopted Debt Management Policy and will result in more than $27 million in savings for the Metropolitan Government over the remaining life of the bonds. In fact, the savings were significantly higher than anticipated when the Metropolitan Council approved the Bond Resolutions authorizing the sale. For each issue, the specific savings are:

The Water/Sewer refunding issue will save $13.4 million ($8.8 million present value) over the life of the bonds which will be fully paid in 2023.

The General Obligation refunding issue will save $14.3 million ($10.2 million present value) over the life of the bonds which will be fully paid in 2025.

As always, we appreciate the Metropolitan Council’s support on these important financing initiatives.

Sincerely,
/s/Karl F. Dean
Mayor

- ELECTIONS AND CONFIRMATIONS -

Agricultural Extension Board
Appointment of Mr. Dan Covington for a term expiring August 1, 2014. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Airport Authority
Appointment of Ms. Amanda Farnsworth for a term expiring June 4, 2014. Ms. Farnsworth will fill the unexpired term of Mr. Saul Solomon. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Electrical Examiners & Appeals Board
Appointment of Mr. R. Michael Williams for a term expiring February 15, 2016. Mr. Williams will serve as the electrical engineer representative. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Fair Board
Appointment of Mr. John Clemmons for a term expiring April 6, 2014. Mr. Clemmons will fill the unexpired term of Ms. Katy Varney. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Fire & Building Code Appeals Board
Appointment of Mr. Anthony Mitchell for a term expiring March 1, 2015. At the request of the administration, the confirmation was withdrawn.

Hospital Authority
Appointment of Dr. Harry Jacobson for a term expiring July 1, 2012. At the request of the nominee, the confirmation was deferred to March 6, 2012.

Nashville Education, Community & Arts Television Corp (NECAT)
Reappointment of Ms. Luvenia Butler for a term expiring February 5, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Ms. Susan Siegel for a term expiring February 5, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Thomas Weber for a term expiring February 5, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Sports Authority
Reappointment of Ms. Lauren Brisky for a term expiring December 19, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Reappointment of Mr. Ralph Perrey for a term expiring February 20, 2018. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Work Release Board
Reappointment of Mr. Don Purdy for a term expiring January 1, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Steine moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

- CONSENT AGENDA RESOLUTIONS –

RESOLUTION NO. RS2012-163

A resolution calling the Metropolitan Board of Equalization into regular session beginning June 1, 2012 and special session beginning June 18, 2012. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-164

A resolution approving an application for a Major Cultural Institution grant from the Tennessee Arts Commission to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-165

A resolution approving an application for the Watermarks: Flood Art Moving STEM to STEAM Grant from Piedmont Natural Gas Foundation, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Arts Commission, to create a six-location flood inspired art series to move arts education into a new realm.
The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-166

A resolution accepting a grant from the Tennessee Bureau of Investigation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of the District Attorney General, to provide prosecutorial resources to identify, review, and coordinate the prosecution of serious gun-related crimes. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2012-167

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of Emergency Management, to fund costs related to homeland security preparedness activities associated with implementing the Tennessee State Homeland Security Strategy and National Preparedness Goal. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.

RESOLUTION NO. RS2012-168

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, for family planning services.
The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-169

A resolution approving contract Amendment Eleven by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and the United Way of Metropolitan Nashville to arrange assistance in the planning, development, and delivery of services for minority individuals affected and infected with HIV/AIDS. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.

RESOLUTION NO. RS2012-170

A resolution authorizing the acquisition of an additional easement for use in Project No. 10-SG-0083, Lakewood Laterals and Rehabilitation (Proposal No. 2011M-008ES-002). The resolution was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees.

RESOLUTION NO. RS2012-172

A resolution encouraging the Metropolitan Nashville Board of Public Education to make school gardens a priority. The resolution was approved by the Education Committee.

Having been unanimously approved by all of the appropriate Committees, Mr. Steine moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

- BILLS ON INTRODUCTON AND FIRST READING -

BILL NO. BL2012-110

An ordinance amending Section 2.222.030 of the Metropolitan Code to permit the electronic filing of annual disclosure statements and benefits reporting statements. 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. BL2012-111

An ordinance amending Section 12.40.020 of the Metropolitan Code to enable the use of curb and street surface painting to designate areas where parking is prohibited or a parking time is imposed. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Traffic and Parking Committees by a voice vote of the Council.

BILL NO. BL2012-112

An ordinance authorizing the acquisition of two easements on properties located at 7218 and 7220 Nolensville Road for a sewer project (Proposal No. 2012M-002ES-001). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2012-113

An ordinance amending Chapter 17.28 of the Metropolitan Code to require certain multifamily developments to include streets that are built to the same standards as public streets, all of which is more particularly described herein (2012Z-005TX-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.

- BILLS ON SECOND READING -

BILL NO. BL2012-93

An ordinance amending Ordinance No. BL2011-950 to define the owner of the Project related to the negotiation and acceptance of 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.

BILL NO. BL2012-94

An ordinance abandoning approximately 530 feet of a 2 inch water main and easement on properties located at 2801 and 2815 Lebanon Pike at the southeast corner of Lebanon Pike and Donelson Pike (Proposal No. 2011M-017ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Claiborne moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-95

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by changing the name of Mt. View Parkway to Crossings Boulevard (Proposal No. 2012M-002SR-001). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Dowell moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-108

An ordinance naming the General Sessions Courtroom 1A located in the Justice A.A. Birch Building in honor of Judge Leon Ruben. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Tygard moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

Without objection Bill Nos. BL2011-73 and BL2011-74 were considered together.

BILL NO. BL2011-73

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 Davenport Downs SP District for properties located at 4334 Maxwell Road and Maxwell Road (unnumbered), approximately 430 feet east of Flagstone Drive (65.74 acres), to permit 207 single-family residential units where 318 residential units were previously approved, all of which is described herein (Proposal No. 2006SP-081-001). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment.

BILL NO. BL2011-74

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 SP District to AR2a zoning for property located at Maxwell Road (unnumbered), approximately 1,575 feet east of Flagstone Drive (9.52 acres) and within the Floodplain Overlay District, all of which is described herein (Proposal No. 2006SP-081-002). The bill was approved by the Planning Commission; the Planning, Zoning and Historical Committee approved the bill with an amendment.

Mr. Duvall moved to defer the bills to the second meeting in March, the bills being requested by Dale and Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2012-91

An ordinance amending Section 2.04.030 of the Metropolitan Code to require fiscal impact statements to be prepared for pending legislation. The bill was approved by the Budget and Finance Committee. Ms. Weiner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (38); “Noes” (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2012-158

A resolution calling for the resignation of Davidson County Clerk John Arriola. The resolution was disapproved by the Rules-Confirmations-Public Elections Committee. Mr. Duvall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Garrett, Tygard, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Gilmore, Weiner, Evans, Harmon, Blalock, Dominy, Johnson, Potts, Dowell, Duvall, Todd (25); “Noes” Harrison, Hunt, Moore, Baker, Langster (5); “Abstaining” Barry, Steine, Matthews, Holleman, McGuire, Bedne, Mitchell (7).

RESOLUTION NO. RS2012-171

A resolution requesting Davidson County Clerk John Arriola to refund the forty dollar “gratuity” paid by couples married by the County Clerk between September 1, 2006, and July 30, 2011. The resolution was disapproved by the Rules-Confirmations-Public Elections Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Moore, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Duvall, Todd, Mitchell (37); “Noes” (0).

Mr. Claiborne requested a suspension of the rules for consideration of one (1) late resolution, an objection was heard and the resolution was not considered.

Upon motion duly seconded, the meeting was adjourned.