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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 Reverend Shirley Renee Franklin of Neelys Bend United Methodist Church.
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, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell and Neighbors (35); Absent: Steine, Matthews, Pridemore, Jernigan, Stanley, Duvall (6).
The Minutes of the regular meeting of April 3, 2012, were approved.
- ELECTIONS AND CONFIRMATIONS -
Action Commission
Appointment of Ms. Benita Davis for a term expiring February 2, 2015. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
CATV Special Committee
Reappointment of Ms. Kristal Hall Boone for a term expiring March 1, 2015. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Civil Service Committee
Reappointment of Ms. D. Billye Sanders for a term expiring March 31, 2017. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Board of Equalization
Reappointment of Ms. Connie Hardin for a term expiring April 1, 2014. At the request of the nominee, the confirmation was deferred to May 15, 2012.
Reappointment of Ms. Jean Harrison for a term expiring April 1, 2014. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Planning Commission
Reappointment of Mr. Hunter Gee for a term expiring March 31, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Harmon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution setting the date and time for the State of the Metropolitan Government Address. The resolution was approved by the Rules-Confirmations-Public Elections Committee.
A resolution authorizing the continued employment of Jonathan B. Cooper as Special Counsel and Director of the Council Office for the Metropolitan County Council. The resolution was approved by the Executive Committee.
A resolution authorizing the Metropolitan Mayor to submit Substantial Amendments to the 2011 and 2012 Annual Updates to the Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The resolution was approved by the Federal Grants Review Committee.
A resolution accepting a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to facilitate the planning, implementation, and evaluation of community-driven and evidence-based health promotion programs to Davidson County residents. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving an intergovernmental agreement between the State of Tennessee, Department of Health, and the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, for the provision of issuance of certificates from the birth record database. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution authorizing the Director of Public Property to exercise an option to purchase real property to be used by Parks and Recreation as part of the Peeler Park. (Proposal No. 2012M-006PR-001). The resolution was approved by the
Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees.
A resolution accepting the 2011 Plan Update for the Bellevue Community, adopted by the Metropolitan Planning Commission on January 26, 2012. The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee.
A resolution approving an application for a Clean Tennessee Energy Grant from the Tennessee Department of Environment and Conservation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Water Services Department, to replace aged HVAC units and ductwork with new energy efficient units on the Omohundro water plant campus. The resolution was approved by the Budget and Finance and Public Works Committees.
A resolution approving an application for a grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, to fund additional staffing expenses for the new police precinct. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an intergovernmental agreement by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department (hereinafter “MNPD”), and the U.S. Army Corps of Engineers for extra-duty police services. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an intergovernmental agreement between the State of Tennessee, acting by and through the Tennessee Bureau of Investigation and the Tennessee Department of Safety, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Sheriff’s Office, regarding participation in the Tennessee Fusion Center. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee.
A resolution approving an intergovernmental agreement between the State of Tennessee, by and through the Tennessee Office of Homeland Security, and The Metropolitan Government of Nashville and Davidson County, by and through The Metropolitan Nashville Fire Department, describing the partnership and responsibilities of each party. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee.
A resolution approving an intergovernmental agreement between the State of Tennessee, by and through the Tennessee Department of Transportation, and The Metropolitan Government of Nashville and Davidson County, by and through the Metropolitan Nashville Emergency Communication Center regarding accessing live video of traffic conditions. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee.
Having been unanimously approved by all of the appropriate Committees, Mr. Harmon moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
- RESOLUTIONS -
A resolution authorizing the Office of the Trustee to accept partial payments of property taxes prior to the date the annual tax rate is established in accordance with Title 67, Chapter 5, Part 1808 of the Tennessee Code Annotated. The resolution was approved by the Budget and Finance Committee. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
RESOLUTION NO. RS2012-216
A resolution approving Amendment Three to a contract with Vanderbilt University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to establish responsibilities in complying with the CDC Tuberculosis Trials Consortium Project. Ms. Langster offered a substitute resolution and moved that it be accepted for filing and which motion was seconded and adopted by a voice vote of the Council.
SUBSTITUTE RESOLUTION NO. RS2012-216
A resolution approving amendment four to a contract with Vanderbilt University and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to establish responsibilities in complying with the CDC Tuberculosis Trials Consortium Project. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Langster moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
Without objection, the rules were suspended for consideration of two (2) late resolutions.
A resolution appropriating funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Head Start Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
A resolution appropriating funds from the United States Department of Health and Human Services to the Metropolitan Action Commission to support the Head Start Program. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. McGuire moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
- BILLS ON INTRODUCTON AND FIRST READING -
An ordinance to abandon easement rights that were retained by Council Ordinance BL92-290 within the former right-of-way of 45th Avenue North on properties located at 4414 and 4502 Illinois Avenue (Proposal No. 2012M-004ES-001).
The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.
An ordinance approving a lease agreement between the Metropolitan Government of Nashville and Davidson County acting by and through the Davidson County Sheriff’s Office and G4S YOUTH SERVICES, LLC, for space in the building formerly known as the DCSO Re-Entry Center located at 5131 Harding Place (Proposal No. 2012M-008PR-001). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to creation, organization, and voting regulations of The Metropolitan Stormwater Management Committee. The bill was approved by the Public Works Committee. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance naming the Metropolitan Police Gun Range in honor of Major Tom Dozier. The bill was approved by the Public Safety-Beer and Regulated Beverages and Rules-Confirmations-Public Elections Committees. Mr. Harrison moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving the attached License Agreement between The Metropolitan Government of Nashville and Davidson County and Electric Transportation Engineering Corporation d/b/a Ecotality North America, as modified by the likewise attached Addendum and Amendments thereto, and authorizing the execution of all (Proposal No. 2012M-007PR-001). The bill was approved by the Planning Commission; the Budget and Finance, Public Works and Planning, Zoning and Historical Committees approved the bill with an amendment. Mr. McGuire offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. McGuire moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.
An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before January 17, 2012. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Harmon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Director of Public Property to accept and record an easement for a school bus ramp/turnaround off Riley Adcock Road (Proposal No. 2012M-006ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to abandon all easement rights that were retained by Council Ordinance BL81-519 within the former right-of-way of Alley No. 1218 on property located at 4502 Indiana Avenue (Proposal No. 2012M-005ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hunt moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving an agreement by and between the Metropolitan Government of Nashville and Davidson County, acting by and through Metropolitan Social Services (MSS), and The Key Alliance (TKA) for the provision of financial, in-kind, and volunteer support for the Metropolitan Homelessness Commission (MHC). The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Langster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
An ordinance 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 2158 Una Antioch Pike, approximately 1,915 feet south of Murfreesboro Pike (8.9 acres) and within the Floodplain Overlay District, to permit an assisted living and/or nursing facility, all of which is described herein (Proposal No. 2011SP-024-001). The bill was approved by the Planning Commission with conditions; the Planning, Zoning and Historical Committee approved the bill with an amendment. Mr. Dominy offered Amendment No. 1 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” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
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 a water and snow park to be located at the intersection of Briley Parkway and McGavock Pike. The bill was approved by the Budget and Finance Committee. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Mitchell (31); “Noes” Stites, Dominy (2); “Abstaining” Todd (1).
An ordinance authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions for certain real property as shown in Exhibit I to Exhibit A hereto, located on Tax Map 92-14 and spanning portions of parcels 77, 78 and 86 thereof, adjacent to 28th Avenue North (Proposal No. 2012M-004PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Public Works, and Planning, Zoning and Historical Committees. Ms. Langster moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
SUBSTITUTE BILL NO. BL2012-120
An ordinance authorizing the execution and filing with the Register of Deeds of a Notice of Land Use Restrictions for certain real property as shown on Exhibit B to Exhibit 1 hereto, located within the right of way of Korean Veterans Boulevard adjacent to Tax Map 09307005400 and between the Cumberland River and the CSX spur track (Proposal No. 2012M-005PR-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Claiborne moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
SUBSTITUTE BILL NO. BL2012-122
An ordinance amending Ordinance No. O95-1379, Second Substitute Ordinance BL2010-645 and Ordinance BL2011-865, and approving an additional extension of one year to the initial term of the cable television franchise of Comcast pending completion of the franchise renewal process. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
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 Alley No. 1863 (Proposal No. 2010M-012AB-001). The bill was disapproved by the Planning Commission; the bill was approved by the Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committese. Mr. Tenpenny moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
An ordinance approving the abandonment of four stormwater easements on properties located at 3711 and 3715 Crestview Drive and 1 University Park Drive (Proposal No. 2011M-021ES-001). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. McGuire moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd, Mitchell (34); “Noes” (0).
- MEMORIALIZING RESOLUTIONS -
A resolution requesting Mayor Dean and Metro Water Services to designate as a priority capital project the installation of a 6” water main on Brandau Road from Central Pike to its intersection with Hoggett Ford Road and the extension of that water main onto the intersecting Hoggett Ford Road. The resolution was disapproved by the Budget and Finance and Public Works Committees. Mr. McGuire moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.
A resolution requesting the Mayor and the Metropolitan Nashville Public Schools to include the construction of a new high school in the Hermitage area as part of the Capital Spending Plan for fiscal year 2012-2013. The Budget and Finance and Education Committees recommended deferment. Mr. McGuire 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.