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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 Jerry Maynard.
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, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd and Neighbors (36) ; Absent: Jernigan, Gilmore, Stanley, Duvall, Mitchell (5).
The Minutes of the adjourned meeting of June 11, 2013, were approved.
Community Education Commission
The President announced that nominations are being accepted to fill a vacancy on the Community Education Commission for a nonprofit adult literacy organization representative, which seat is to be filled by the Council. Nominations must be filed with the Metropolitan Clerk not later than 4:00 pm on Tuesday, June 25, 2013. Nominees will be referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and the appointment will be made at the next regular meeting of the Council.
- ELECTIONS AND CONFIRMATIONS -
Airport Authority
Appointment of Ms. Nicole Maynard for a term expiring June 4, 2017. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Electrical Examiners and Appeals Board
Appointment of Mr. Robert Cohen for a term expiring April 15, 2017. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Fair Board
Reappointment of Mr. Charles Sueing for a term expiring May 17, 2018. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Farmers Board
Appointment of Mr. Tyler Brown for a term expiring May 17, 2018. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Human Relations Commission
Reappointment of Mr. Mark Baugh for a term expiring April 18, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Mr. Johnathan Giles for a term expiring April 18, 2016. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Ms. Alistair Newbern for a term expiring April 18, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Reappointment of Mr. Don Peterson for a term expiring April 18, 2016. The Rules-Confirmations-Public Elections Committee recommended the reappointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Social Services Commission
Appointment of Ms. Betty J. Johnson for a term expiring April 3, 2016. Ms. Johnson will fill the unexpired term of Ms. Kristine LaLonde. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Anthony Davis moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- CONSENT AGENDA RESOLUTIONS -
A resolution authorizing the application for and acceptance of a donation of printers and handheld scanners by the Tennessee Department of Revenue to The Metropolitan Government of Nashville and Davidson County for the use and benefit of the Davidson County Clerk. The resolution was approved by the Budget and Finance Committee.
A resolution approving a contract with Election Systems & Software LLC for the provision of maintenance and support services for Metro’s existing Voter Registration System. The resolution was approved by the Budget and Finance Committee.
A resolution approving an application for a Family Justice Center Justice Assistance Grant (JAG) from the State of Tennessee, Office of Criminal Justice Programs, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Office of the Mayor, for funding for a Family Justice Center Site Coordinator to provide assistance with the planning, development, and establishment of a Family Justice Center in Davidson County. The resolution was approved by the Budget and Finance Committee.
A resolution accepting 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.
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.
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 by and between the Federal Bureau of Investigation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Police Department, regarding the Nashville Violent Crime Gang Task Force. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving an application for the Bulletproof Vest Partnership Grant from the United States Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees.
A resolution approving Amendment Two to a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide meals that meet RDA nutritional guidelines at congregate meal sites, meal delivery services, and transportation to eligible seniors and handicapped residents. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
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 support the delivery of public health services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
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, homemaker services, and Nutrition HCBS (Home and Community Based Services) to eligible clients under the options program.
The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
A resolution approving a contract by and between The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, and World Relief to provide a mobile location where current and potential Women Infants and Children (WIC) recipients may attend classes. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees.
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 (LW09F122DWRSP12). The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees.
A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (Map 091-10 Parcel 400.00) for use in the Richland Creek greenway system (Proposal No. 2013M-020PR-001). The resolution was approved by the Planning Commission, Budget and Finance, Parks, Library and Recreation and Planning, Zoning and Historical Committees.
A resolution approving an intergovernmental license agreement with the State of Tennessee, Department of Transportation, for the use and benefit of the Board of Parks and Recreation in the construction and maintenance of the Whites Creek Greenway (Proposal No. 2013M-018PR-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 a grant from the State of Tennessee, Tennessee State Library and Archives, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Nashville Public Library, to provide access and circulation of special materials formatted for individuals who are hearing impaired. The resolution was approved by the Budget and Finance and Parks, Library and Recreation Committees.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Marvin Dotson against The Metropolitan Government of Nashville and Davidson County for $34,500.00. The resolution was approved by the Budget and Finance Committee.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the personal injury claim of Margaret Yoste against the Metropolitan Government of Nashville and Davidson County in the amount of $196,056.00, and that said amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee.
A resolution designating July 7 - July 13, 2013, as School Immunization Week in Davidson County. The resolution was approved by the Education and Health, Hospitals and Social Services Committees.
Having been unanimously approved by all of the appropriate Committees, Mr. Anthony Davis moved to adopt the Consent Agenda Resolutions, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd (32); “Noes” (0).
- RESOLUTIONS -
Without objection, the rules were suspended for consideration of three (3) late resolutions.
A resolution extending the free metered parking programs for clean technology vehicles and for vehicle owners that purchase carbon offsets. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Holleman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd (32); “Noes” (0).
A resolution supplementing and amending the Twenty-Fifth Supplemental Electric System Revenue Bond Resolution of The Metropolitan Government of Nashville and Davidson County authorizing the issuance of Electric System Revenue Refunding Bonds, 2013 Series A. The resolution was approved by the Budget and Finance Committee. Mr. Matthews moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd (32); “Noes” (0).
A resolution approving Amendment One to an Agreement by and between the Tennessee Department of Transportation and The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Public Works Department, for intersection improvements to Jefferson Street. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Langster moved to adopt the resolution, 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, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd (33); “Noes” (0).
- BILLS ON INTRODUCTION AND FIRST READING -
An ordinance amending Title 10 of the Metropolitan Code pertaining to the procedure to be followed by landlords when handling a former tenant’s personal property after eviction. Ms. Dowell moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.
An ordinance establishing the Barnes Fund for Affordable Housing to assist in providing good quality affordable housing to residents of Davidson County with limited means, appropriating an initial sum to such fund, and establishing the Metropolitan Housing Trust Fund Commission to oversee the fund and assist in providing good quality affordable housing. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Health, Hospitals and Social Services Committees which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving a lease agreement by and between The Metropolitan Government of Nashville and Davidson County acting by and through the Davidson County Clerk’s Office and GRACE’S PLAZA, LTD., for the lease of space at 4005 Hillsboro Pike (Proposal No. 2013M-024PR-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 and Planning, Zoning and Historical Committees which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON SECOND READING -
An ordinance amending Section 10.20.220 of the Metropolitan Code to designate all fees collected for the disposal of excess garbage to be used for recycling. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Garrett moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance amending Chapter 6.81 of the Metropolitan Code pertaining to regulation of booting services. The Traffic, Parking and Transportation Committee recommended indefinite deferment. Mr. McGuire moved to defer the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance creating the positions of Fire Services Deputy Director and Fire Commander for the Metropolitan Nashville Department of Fire. The bill was approved by the Budget and Finance, Personnel-Public Information-Human Resources-Housing
and Public Safety-Beer and Regulated Beverages Committees. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance creating the position of Information Systems Deputy Director. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Resources-Housing Committees. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance creating various positions to staff the Crime Laboratory within the Metropolitan Department of Police. The bill was approved by the Budget and Finance, Personnel-Public Information-Human Resources-Housing and Public Safety-Beer and Regulated Beverages Committees. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance providing the honorary designation of “Pastor W.L. White Street” for a portion of Sweetbriar Avenue. The bill was approved by the Budget and Finance and Public Works Committees. Ms. Allen moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
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 Adair Road right-of-way (Proposal No. 2013M-009AB-001). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic, Parking and Transportation 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.
An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent easements for the Autumn Ridge Stormwater Improvement Project for two properties located at 4375 Summertime Drive and 1705 Autumn Ridge Drive (Project No. 13-SWC-054 and Proposal No. 2013M-018ES-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.
BILL NO. BL2013-483
An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent and temporary easements for the Clifton Avenue Stormwater Improvement Project for three properties located at 3611 and 3613 Batavia Avenue and 3700 Clifton Avenue (Project No. 12-SWC-147 and Proposal No. 2013M-019ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Langster 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 Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent easements for the Moss Rose and McGinnis Stormwater Improvement Project for three properties located at 2541 and 2544 McGinnis Drive and 3701 Moss Rose Drive (Project No. 13-SWC-104 and Proposal No. 2013M-028ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Anthony Davis 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 Metropolitan Government of Nashville and Davidson County to negotiate and accept permanent easements for the Whites Creek Pike Stormwater Improvement Project for two properties located at 4568 and 4572 Whites Creek Pike (Project No. 12-SWC-145 and Proposal No. 2013M-026ES-001). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Matthews moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
- BILLS ON THIRD READING -
SUBSTITUTE BILL NO. BL2013-448
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 R6 to OR20 zoning for property located at 602 33rd Avenue North, at the northeast corner of Trevor Street and 33rd Avenue North (0.49 acres), all of which is described herein (Proposal No. 2013Z-015PR-001). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. 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, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd (33); “Noes” (0).
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 RS5 to SP zoning for properties located at 904 Chicamauga Avenue and 941 W. Eastland Avenue, approximately 125 feet east of McFerrin Avenue (0.34 acres), to permit a mixture of uses including restaurant (full service), retail, office and personal care services uses in addition to single and two family residential, all of which is described herein (Proposal No. 2013SP-014-001). The bill was approved by the Planning Commission with conditions, disapproved without; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Scott Davis moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd (34); “Noes” (0).
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan for a portion of the Woodbury Planned Unit Development Overlay District located at Woodbury Falls Drive (unnumbered), approximately 460 feet west of Old Hickory Boulevard, zoned R15 (7.96 acres), to permit 19 single-family lots where 11 single-family lots were previously approved, all of which is described herein (Proposal No. 97P-027-001). The bill was approved by the Planning Commission with conditions; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Barry, Garrett, Tygard, Maynard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd (33); “Noes” (0).
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 CS and RS7.5 to SP zoning for properties located 332 and 322 54th Avenue North and 323 53rd Avenue North, approximately 400 feet south of Charlotte Avenue (3.12 acres), to permit up to 40 residential units, all of which is described herein (Proposal No. 2013SP-016-001). The bill was approved by the Planning Commission with conditions, disapproved without; the bill was approved by the Planning, Zoning and Historical Committee. Mr. Holleman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Holleman 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, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Bennett, Pridemore, Pardue, Glover, Stites, Claiborne, Tenpenny, Moore, Allen, Baker, Langster, Evans, Holleman, McGuire, Harmon, Blalock, Dominy, Johnson, Potts, Bedne, Dowell, Todd (33); “Noes” (0).
Upon motion duly seconded, the meeting was adjourned.
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