Metro Seal

Agenda
Revised

Metropolitan Council Meeting
Tuesday, June 21, 2011
6:30 Council Chamber


Call to Order and Invocation

Pledge of Allegiance

Roll Call

Approval of Minutes

- ELECTIONS AND CONFIRMATIONS -

Action Commission
Reappointment of Ms. Karen Doty for a term expiring February 2, 2014.
Reappointment of Mr. Robert Stockard, Jr. for a term expiring February 2, 2014.

Agricultural Extension Board
Reappointment of Mr. Steve Butler for a term expiring August 1, 2014.

Airport Authority
Reappointment of Mr. Jack O. Bovender, Jr. for a term expiring June 4, 2015.

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

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

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

Farmers Market Board
Reappointment of Dr. Alicia Batson for a term expiring May 5, 2016.
Reappointment of Mr. Joshua Smith for a term expiring May 5, 2016.

Fire and Building Code Appeals Board
Reappointment of Mr. Michael Bearden for a term expiring March 1, 2015.

Nashville Education, Community and Arts Television Corporation (NECAT)
Appointment of Ms. Jennifer Buck-Wallace for a term expiring February 5, 2014.

Planning Commission
Appointment of Mr. Jeff Haynes for a term expiring March 31, 2015.

Plumbing Examiners and Appeals Board
Reappointment of Mr. Edward Galbreath for a term expiring February 15, 2015.

Transit Authority
Reappointment of Ms. Marian T. Ott for a term expiring May 1, 2016.

- RESOLUTIONS -

RESOLUTION NO. RS2011-1673 (Barry, Toler)
Referred to Budget & Finance Committee
Approved by Personnel Committees

A resolution amending the pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County, excluding employees of the Board of Health, Board of Education and the Fire and Police Departments, approved under Resolution No. RS2005-872, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2011, and by replacing increments with a one time only one and one-half (1.5%) percent of salary lump sum payroll adjustment, capped at $1,500.

RESOLUTION NO. RS2011-1674 (Langster, Barry, Toler)
Referred to Budget & Finance Committee
Approved by Personnel
and Public Safety Committees

A resolution amending the pay plan for the employees of the Metropolitan Departments of Fire and Police, approved under Resolution No. RS2005-873, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2011, and by replacing increments with a one time only one and one-half (1.5%) percent of salary lump sum payroll adjustment, capped at $1,500.

RESOLUTION NO. RS2011-1675 (Toler, Forkum, Barry)
Referred to Budget & Finance Committee
Approved by Health, Hospitals & Social Services
and Personnel Committees

A resolution amending the pay plan for employees of The Metropolitan Board of Health, approved under Resolution No. RS2005-874, and as subsequently amended, by delaying increment advances for one year beginning July 1, 2011, and by replacing increments with a one time only one and one-half (1.5%) percent of salary lump sum payroll adjustment, capped at $1,500.

RESOLUTION NO. RS2011-1706 (Barry)
Referred to Budget & Finance Committee

A resolution authorizing the execution, terms, issuance, sale and payment of general obligation refunding bonds in one or more series in the aggregate principal amount of not to exceed $240,000,000.

RESOLUTION NO. RS2011-1707 (Barry, Jameson & others)
Referred to Budget & Finance

A resolution authorizing a grant for the benefit of IQT, in an amount not to exceed One Million Six Hundred Ten Thousand dollars ($1,610,000), comprised of Nine Hundred Sixty Thousand dollars ($960,000) in the form of an economic and community development incentive grant to be administered through the Industrial Development Board of the Metropolitan Government of Nashville and Davidson County (IDB) and Six Hundred Fifty Thousand dollars ($650,000) from revenues designated for economic development in the Capitol Mall Urban Development Action Grant (UDAG) to be administered by the Metropolitan Development and Housing Agency (MDHA).

RESOLUTION NO. RS2011-1708 (Mitchell, Barry)
Referred to Budget & Finance Committee

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.

RESOLUTION NO. RS2011-1709 (Barry)
Referred to Budget & Finance Committee

A resolution approving an application for the Juvenile Accountability Block Grant from the Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County.

RESOLUTION NO. RS2011-1710 (Barry)
Referred to Budget & 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.

RESOLUTION NO. RS2011-1711 (Barry)
Referred to Budget & Finance Committee

A resolution approving Amendment Three to a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Davidson County Juvenile Court, to establish and enforce federal and state mandated child support program guidelines for children born out of wedlock.

RESOLUTION NO. RS2011-1712 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for the Encouraging Innovation: Field-Initiated Programs Grant from the U. S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Nashville Sheriff’s Department, to modify effective jail transition practices by delivering risk/needs assessments, case planning, post release evidence based aftercare programs, and targeted interventions.

RESOLUTION NO. RS2011-1713 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution accepting the Residential Substance Abuse Treatment (RSAT) Grant from the State of Tennessee, Department of Finance and Administration, to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to pay for one after-care counselor to assist the counseling team at the Davidson County Drug Court.

RESOLUTION NO. RS2011-1714 (Langster, Barry)
Referred to Budget & Finance Committee

A resolution accepting a grant from the State of Tennessee, Administrative Office of the Courts, to The Metropolitan Government of Nashville and Davidson County for the provision of interpreter services for defendants with limited English proficiency who have been found to be indigent.

RESOLUTION NO. RS2011-1715 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving Amendment Two to a grant from the Tennessee Board of Probation and Parole to The Metropolitan Government of Nashville and Davidson County, acting by and through the State Trial Courts, to divert felony offenders from the Tennessee prison system by providing community supervision and treatment services.

RESOLUTION NO. RS2011-1716 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for the Paul Coverdell Forensic Science Improvement Grant from the U. S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, to improve the quality and timeliness of forensic science and medical examiner services.

RESOLUTION NO. RS2011-1717 (Langster, Barry)
Referred to Budget & Finance
and Public Safety Committees

A resolution approving an application for the COPS Hiring Recovery Grant from the U. S. Department of Justice, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Police Department, to pay salary expenses for an additional fifty officers.

RESOLUTION NO. RS2011-1718 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving a grant application for a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Social Services Commission, to provide transportation to eligible seniors and handicapped residents in Davidson County.

RESOLUTION NO. RS2011-1719 (Forkum, Barry)
Referred to Budget & Finance
and Health, Hospitals & Social Services Committees

A resolution approving Amendment One to a grant from the State of Tennessee, Department of Health, to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Health, to provide ARRA funding for project diabetes implementation activities to reduce the risk of adolescent diabetes by focusing on obesity prevention through physical activity and exercise.

RESOLUTION NO. RS2011-1720 (Barry)
Referred to Budget & Finance
and Personnel 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 youth for re-entry into the labor force (LW09P111YOUTH12).

RESOLUTION NO. RS2011-1721 (Barry, Holleman, Maynard)
Referred to Budget & Finance
and Parks Committees

A resolution approving Amendment Two to a grant from the Tennessee Stormwater Association to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, to assist with the cost of implementing green technology at the McCabe Park Community Center.

RESOLUTION NO. RS2011-1722 (Page, Maynard, Barry)
Referred to Planning Commission
Budget & Finance, Parks
and Planning & Zoning Committees

A resolution authorizing the Director of Public Property, or his designee, to exercise an option to purchase real property (Map 119-08 Parcels 044.00 and 045.00) for use in the Mill Creek greenway system (Proposal No. 2011M-013PR-001).

RESOLUTION NO. RS2011-1723 (Barry, Hodge)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an intergovernmental agreement between The Metropolitan Government of Nashville and Davidson County and the City of Belle Meade concerning street paving in connection with water line replacement along and near Belle Meade Boulevard.

RESOLUTION NO. RS2011-1724 (Claiborne, McGuire & others)
Referred to Budget & Finance
and Public Works Committees

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County authorizing the acquisition and removal of 22 houses and two vacant lots located in various floodway and floodplain areas in Davidson County.

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2011-951 (Adkins, Ryman, Forkum)

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

BILL NO. BL2011-952 (Wilhoite)

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

BILL NO. BL2011-953 (Wilhoite)

An ordinance amending Chapter 16 of the Metropolitan Code of Laws by adopting the 2011 Edition of the National Electrical Code and amendments thereto.

BILL NO. BL2011-954 (McGuire)
Approved by Planning Commission

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Crestview Drive right-of-way (Proposal No. 2011M-003AB-001).

BILL NO. BL2011-955 (Adkins)

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Municipal Code Corporation including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before March 22, 2011.

- BILLS ON SECOND READING -

BILL NO. BL2010-822 (Hollin, Crafton, Craddock)
Referred to Rules Committee

An ordinance amending Section 2.222.020 of the Metropolitan Code to prohibit persons serving on Metropolitan Government boards or commissions from engaging in lobbying activity.

BILL NO. BL2011-835 (Crafton, Dominy)
Referred to Budget & Finance
Convention & Tourism, Public Safety
and Transportation & Aviation Committees

An ordinance amending Section 6.74.025 of the Metropolitan Code to eliminate the minimum charge for livery services.

BILL NO. BL2011-916 (Steine)
Referred to Traffic & Parking Commission
and Traffic & Parking Committee
Approved by Budget & Finance Committee

An ordinance amending Chapter 12.41 of the Metropolitan Code pertaining to the licensing and operation of valet services within the area of the Metropolitan Government.

BILL NO. BL2011-938 (Tygard)
Referred to Budget & Finance
and Transportation Committees

An ordinance to amend Chapter 2.32 of the Metropolitan Code pertaining to the authorized use of Metropolitan Government vehicles.

BILL NO. BL2011-939 (Gotto)
Referred to Public Safety Committee

An ordinance amending Section 10.68.010 of the Metropolitan Code to exempt non-projectile canons and rifles used as part of an outdoor memorial service or commemoration from the definition of “fireworks”.

BILL NO. BL2011-941 (Baker, Barry)
Referred to Budget & Finance Committee

An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to Carlex Glass America L.L.C.’s acquisition and operation of the Nashville Glass Plant.

BILL NO. BL2011-942 (Gilmore, Hodge & others)
Referred to Budget & Finance
and Public Works Committees

An ordinance approving a utility agreement between the Metropolitan Government of Nashville and Davidson County and BellSouth Telecommunications, Inc. d/b/a AT&T Tennessee in relation to construction of the Gateway Boulevard extension.

BILL NO. BL2011-944 (Barry)
Referred to Budget & Finance
and Convention & Tourism Committees

An ordinance approving Amendment 2 to a contract between The Metropolitan Government and Ovations Food Services, LP for food and beverage services.

BILL NO. BL2011-946 (Gilmore, Barry)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing the Director of Public Property, or his designee, to accept, execute and record a quitclaim deed from Academy Square, Inc. to The Metropolitan Government for a certain parcel of property and execute and convey a quitclaim deed from The Metropolitan Government to Academy Square, Inc. for an adjacent parcel of property (Proposal No. 2011M-008PR-001).

BILL NO. BL2011-947 (Stanley, Hodge, Barry)
Approved by Planning Commission
Referred to Public Works
and Planning & Zoning Committees

An ordinance authorizing the acquisition of a 100 square foot easement for an upgrade to the Munn Road Pump Station turn around, for use in public projects of the Metropolitan Government of Nashville and Davidson County, with relation to Project Number 10-SG-220, Munn Road Pump Station (unnumbered) (Proposal No. 2010M-030ES-001).

BILL NO. BL2011-950 (Claiborne, Barry)
Referred to Budget & Finance Committee

An ordinance authorizing The Industrial Development Board of The Metropolitan Government of Nashville and Davidson County to negotiate and accept payments in lieu of ad valorem taxes with respect to Standard Candy Company.

- BILLS ON THIRD READING -

BILL NO. BL2011-895 (Burch, Dominy)
(As Amended)
Disapproved by Planning Commission (6-1)
Approved by Planning & Zoning Committee
Map & Parcel No./Owner:
120-77-84, 129, 135-137; 120-13-23-26, 38-47, 91, 95; 120-14-1-73; 134-1-1-73;
134-2-1-24, 36-42, 46 Various Parcels Various Owners
Requested by: Councilmembers Burch and Dominy

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County by changing from R10 to RS10 zoning for various properties located along Bel Air Drive, Catalina Drive, Cornet Drive, Currey Road, McGavock Pike and Vinson Drive (182.38 acres) with a portion of the properties along Currey Road being located within the Central State Redevelopment District, all of which is described herein (Proposal No. 2011Z-011PR-001).

BILL NO. BL2011-903 (Coleman, Dominy)
Approved by Public Works Committee

An ordinance amending Chapter 15.64 of the Metropolitan Code to require written notification to property owners when their property is included in a floodway or floodplain for the first time.

SUBSTITUTE BILL NO. BL2011-912 (Tygard, Wilhoite & others)
Approved by Budget & Finance
and Codes Committees

An ordinance amending Chapter 2.20 of the Metropolitan Code establishing an Office of Administrative Hearing Officer in accordance with Title 6, Chapter 54, Part 10 of the Tennessee Code Annotated.

BILL NO. BL2011-913 (Barry)
Re-referred to Budget & Finance Committee

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2012.

BILL NO. BL2011-914 (Barry)
Re-referred to Budget & Finance Committee

An ordinance establishing the tax levy in the General Services District for the Fiscal Year 2011-2012, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to section 6.07 of the Metropolitan Charter.

BILL NO. BL2011-917 (Barry, Forkum)
Approved by Health, Hospitals & Social Services
and Personnel Committees

An ordinance to delete Ordinance No. BL2007-1460 in its entirety and to transfer employees of the Homelessness Commission to the Metropolitan Department of Social Services.

SUBSTITUTE BILL NO. BL2011-940 (Jernigan, Evans, Forkum)
Approved by Public Works Committee

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to the construction of structures within the floodway.

BILL NO. BL2011-943 (Jameson, Hodge)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance authorizing Omni Nashville, LLC to install, construct and maintain an underground encroachment in the rights of way of 4th Avenue South and 5th Avenue South (Proposal No. 2011M-001EN-001).

BILL NO. BL2011-945 (Jameson, Hodge)
Approved by Planning Commission
Public Works
and Planning & Zoning Committees

An ordinance abandoning easement rights in the listed seven (7) existing water, sanitary sewer and stormwater easements existing in connection with Metro Water Services project 11-SL-11 and associated with real property Map 093-10, Parcels 472.00, 447.00, 309.00, 482.00 and 317.00 located between Franklin Street, Demonbreun Street, 4th Avenue South and 5th Avenue South, and authorizing the execution of the documents to carry out said transaction (Proposal No. 2011M-006ES-001).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2011-1705 (Crafton, Gotto, Craddock)
Referred to Budget & Finance Committee

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support the necessary legislation to allow the Metropolitan Government to provide an opportunity for local bidders to match the lowest bid in the award of procurement contracts, as well as to include price as a factor in awarding professional services contracts.

RESOLUTION NO. RS2011-1725 (Crafton)
Referred to Rules Committee

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