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Minutes
Metropolitan Council Meeting
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Minutes
Metropolitan Council Meeting
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The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.
The invocation was offered by Brother Jack Wooten of Eastside Church of 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: Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver, and President Steine (40); Absent: Derryberry (1).
The Minutes of the regular meeting of December 7, 1999 were approved.
Mr. Waters reported that the proposed permanent Rules of Procedure of the Metropolitan Council were approved by the Rules-Confirmations-Public Elections Committee with technical corrections. Mr. Waters moved to accept said corrections, which motion was seconded and adopted without objection. Mr. Waters moved to adopt the proposed rules as amended, which motion was seconded. Mr. Wallace moved to defer action for thirty days and to continue to operate under the temporary rules until that time, which motion was seconded. Mr. Waters moved to table the motion to defer, which motion was seconded. After discussion, Mr. Wallace withdrew the motion to defer. The matter recurred on the motion to adopt the proposed permanent Rules of Procedure of the Metropolitan Council, as amended, which motion was adopted by a unanimous voice vote of the Council.
-1-
The regular order of business shall be as follows:
1. Meeting called to order
2. Invocation
3. Roll Call
4. Approval of minutes of previous meetings
5. Communications from the Mayor
6. Reports of committees on matters other than reports on ordinances and resolutions
7. Elections and confirmations
8. Public Hearings
9. Resolutions
10. Announcements and extraordinary matters
11. Bills on first reading
12. Bills on second reading
13. Bills on third reading
14. Adjournment
-2-
A president pro tem of the Council shall be elected by the Council to serve in the absence of the Vice Mayor. Upon the resignation or death of the Vice Mayor, an alternate president pro tem shall be elected to serve in the absence of the president pro tem. The terms of such officers shall expire on August 31 of the year following their election, and the members serving in this capacity shall retain at all times their full right to vote.
-3-
The standing committees of the Metropolitan Council shall be as follows:
1. Budget and Finance
2. Codes, Fair and Farmers Market
3. Health, Hospitals and Social Services
4. Parks, Library, Recreation and Auditorium
5. Personnel-Public Information-Human Relations-Housing
6. Planning, Zoning, and Historical
7. Public Safety-Beer, Wine and Whiskey
8. Public Works
9. Rules-Confirmations-Public Elections
10. Education
11. Traffic and Parking
12. Transportation and Aviation
-4-
All members of the standing committees of the Council and the chair of each shall be appointed by the Vice Mayor to serve until August 31 of the year following their appointment. The Chair of each committee shall appoint a member of the committee to serve as vice chair for the committee.
-5-
The executive committee of the Council shall consist of the Vice Mayor, the chair of all standing committees of the Council, and the president pro tem of the Council, and each member thereof shall be entitled to one vote regardless of the number of positions a Council member may hold.
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The Vice Mayor, within his discretion, may from time to time appoint such special committees as the circumstances require.
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Each committee may formulate rules for its own operation. No committee may meet except at the time stated for its meeting and noticed to the members of the committee.
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Any proposed ordinance or resolution may be introduced only by a member or members of the Council and the Metropolitan Clerk shall not receive or file any bill or resolution that is not signed by a member of the Metropolitan Council.
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Where any zoning measure is introduced by a Council member-at-Large, the Council member from the district concerned shall be afforded the opportunity to be its co-sponsor. This does not restrict the right of the Council member-at-Large to introduce such measure if the district Council member does not desire or refuses to be its co-sponsor.
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All bills and resolutions shall be filed in triplicate with the Metropolitan Clerk, the original to be retained in her office at all times subject only to withdrawal for signature by the Mayor. One copy is to be delivered to the committee to which the matter is referred by the Vice Mayor of the Council.
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All bills and resolutions (except resolutions to amend the Capital Improvements Budget, as provided below) shall be filed in the Metropolitan Clerk's Office not later than 4:00 p.m. on Tuesday, immediately preceding a regular meeting of the Council and not later than 11:00 a.m. of the third day, excluding Saturdays and Sundays, preceding the day of any other Council meeting.
All resolutions to amend the Capital Improvements Budget shall be filed in the Metropolitan Clerk’s Office not later than 11:00 a.m. on the second Friday preceding the regular meeting of the Council and not later than 11:00 a.m. of the tenth day, excluding Saturdays and Sundays, preceding the day of any other Council meeting. Upon the filing of such resolution to amend the Capital Improvements Budget, the Metropolitan Clerk shall promptly provide copies of said resolution to each member of the Council.
The Council may not consider, except by unanimous consent, any bill or resolution not filed in accordance with the two preceding paragraphs.
No late bill or resolution will be considered by the Council except on an emergency basis. Any sponsor of a late bill or resolution must state on the introduction thereof that an emergency exists and must further state the nature of the emergency.
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The Metropolitan Clerk shall restrict all matters on the first meeting during each odd month to honoring resolutions, resolutions electing notaries public, zoning bills on public hearing, and bills on introduction and first reading provided the sponsor is present at the Council meeting and no objection to passage on first reading is made; the Clerk shall exclude bills on public hearing from any other Council meeting, except when required by law to be earlier held.
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The agenda for each meeting shall be prepared by the Metropolitan Clerk and mailed to each member not less than two days, excluding Saturdays and Sundays, before the meeting at which it will be considered. For regular meetings the agenda is to be mailed not later than Friday prior to such meetings.
This agenda shall show on all planning and zoning and mandatory referral matters listed thereon the vote of the Planning Commission on its action on such matter and shall similarly indicate the vote of all other boards and commissions of their recommendations of such matters which were referred to such boards and commissions.
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All ordinances must be referred to the appropriate committee by the Vice Mayor of the Council after first reading, and except for zoning matters, budget, revenue service charges or tax measures, no ordinance may be amended after second reading.
All resolutions shall be referred to the appropriate committee or committees of the Council by the Vice Mayor. The committee assignment shall be indicated on the Council agenda. No vote will be taken on any resolution until a committee has considered same.
The committee to which an ordinance or resolution has been referred shall make a report to the Council at the next regular meeting after its referral.
-15-
No resolution or ordinance involving the appropriation or expenditure of money, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk until the Director of Finance has furnished a statement as to the availability of funds.
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No resolution or ordinance proposing to expend or appropriate funds or to authorize the borrowing of funds for capital improvement projects (including the issuance of bonds or notes), upon being filed, shall be placed upon the agenda by the Metropolitan Clerk unless and until said legislation shall list the projects to be funded and the estimated cost of each project.
-17-
No resolution or ordinance seeking the payment of a claim against the Metropolitan Government, upon being filed, shall be place placed upon the agenda by the Metropolitan Clerk until the Director of Law shall have filed with the Metropolitan Clerk a statement recommending the payment of the claim; provided, however, in the event such statement is not filed within 30 days of the filing of such resolution or ordinance, the Director of Law shall be deemed to have recommended payment and such legislation shall be placed upon the agenda.
-18-
No resolution or ordinance approving or authorizing the execution of any contract, lease, agreement or other instrument, or authorizing the closure and/or abandonment of any street, alley or easement, upon being filed, shall be placed upon the agenda by the Metropolitan Clerk unless said documents shall have been executed by all necessary parties including affected property owners for legislation closing and/or abandoning streets or alleys, excepting the signature of the Metropolitan Mayor and the Metropolitan Clerk. Further, said documents need not be executed by state, federal and railroad officials to be placed upon the agenda.
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No resolution or ordinance required to be referred to the Metropolitan Planning Commission for a recommendation shall be filed with the Metropolitan Clerk unless evidence of submission to the Metropolitan Planning Commission is filed together with the legislation or the legislation has noted upon it the recommendation of the Metropolitan Planning Commission. No zoning ordinance shall be filed with the Metropolitan Clerk unless such proposed legislation is accompanied with evidence that all fees required pursuant to the Metropolitan Code have been paid.
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Upon introduction of any zoning ordinance not accompanied by a recommendation of the Metropolitan Planning Commission, such ordinance shall be referred to the Planning Commission. The Metropolitan Clerk shall advertise such ordinance for public hearing and second reading; however, no action shall be taken by the Council on second reading and no public hearing shall be held by the Council until the recommendation of the Planning Commission has been submitted to the Metropolitan Clerk. Any property proposed to be rezoned shall be current in the payment of property taxes before the zone change can be passed by the Metropolitan Council on second reading. Any ordinance applying the Residential, Commercial, or Industrial Planned Unit Development District must have a recommendation from the Metropolitan Planning Commission before its introduction.
-21-
On any legislation pending before the Council on which a deferral or withdrawal is requested by the sponsor, the sponsor at the time of the request for such deferral or withdrawal will state to the Council the reason for such request and also the name or names of the party who requested the original legislation, and this information shall be spread on the minutes of the Metropolitan Council. In addition thereto on all ordinances involving street or alley closures, there shall be included in the body of the ordinance the name or names of the parties requesting the street or alley closure, the same information to be placed on the Metropolitan Council agenda.
There shall be included as a part of each zoning ordinance prepared the same information to be placed on the Metropolitan Council agenda, the name or names of the parties requesting the zone change, the name of each property owner whose property is included in the change identified by Map and Parcel Number as to owner, and the name of the optionee, if any. To the extent that any party is disclosed as a trustee or other fiduciary, including agents, all beneficiaries and principals must also be fully disclosed. Any party which is a business entity shall also disclose the name of the general partners, managing partners, or the chief executive officer.
-22-
All ordinances before the Council on second and third reading, except those affecting the zoning of a particular property or properties, and resolutions shall automatically be deferred indefinitely after they have been twice deferred. Any member of the Council who has sponsored said legislation may at any time inform the Clerk to replace the bill or resolution on the agenda for the next Council meeting and upon receipt of said request the Clerk shall place it on the agenda for the next meeting. If the bill or resolution is deferred for any reason after being so replaced on the Council agenda at the next meeting, then the bill or resolution shall be considered as withdrawn and the Clerk will permanently remove it from the Council agenda. In order to receive further consideration, the bill or resolution must be re-introduced. For the purposes of this rule, a committee-requested deferral under Rule 23 shall not be counted as a deferral.
Any bill or resolution which has been removed from the agenda, either pursuant to this rule or because the sponsor has requested indefinite deferral, shall be placed on the agenda only at the written or oral request of the sponsor which shall be made to the Metropolitan Clerk by the Tuesday preceding the Council meeting at which time the matter can be considered.
-23-
Any ordinance or resolution which receives a recommendation of deferral from any committee to which it is referred shall be deferred for one Council meeting; provided, however, that no ordinance or resolution shall be deferred more than one meeting pursuant to this rule.
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All memorializing resolutions honoring individuals, groups or organizations upon being filed with the Clerk shall be heard by the Council on an honorarium docket on the first meeting of each odd month and referred to the Rules-Confirmations-Public Elections Committee for review and recommendation. All such honoring resolutions which are approved by a unanimous vote of such committee (by the members present at such meeting when a vote is taken), except for resolutions calling for a hand-lettered scroll, shall be heard by the Council as a consent matter and shall be voted upon by the Council together on one vote. Those resolutions calling for a hand-lettered scroll and honoring resolutions failing to receive a unanimous recommendation of the committee shall be acted upon individually by the Council.
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Memorializing and congratulatory resolutions in typewritten form, with copies to be certified and sent to the appropriate party or parties, are proper resolutions to be considered and acted upon by the Metropolitan Clerk. However, resolutions of such types calling for a hand-lettered scroll shall be considered by the Council only if such resolution deals with the death, retirement or outstanding accomplishment of an elected Metropolitan Government officeholder or an employee of said government for outstanding public service and is recommended unanimously by the Rules-Confirmations-Public Elections Committee. In the event the Metropolitan Council desires to honor any citizen for outstanding service or accomplishment through the adoption and issuance of a printed scroll then such resolution may be considered and adopted provided such resolution has the unanimous approval of the members of the Rules Committee and is then adopted by the unanimous vote of the Metropolitan Council. Any such resolution failing to gain the unanimous vote of the Rules Committee and/or the Council shall not be considered again within a period of one year.
-26-
The election of certain notaries public by the Metropolitan Council shall be accomplished by the introduction and passage of a resolution including the names of those persons to be elected as notaries public. The resolution shall include the person's name, address and length of term for which he or she is to serve as a notary public. The resolution shall also contain a letter from the County Clerk certifying that each person to be elected meets all of the qualifications of the office of notary public. It shall not be required that the person or persons being elected appear before the Council or any committee thereof.
-27-
No resolution or ordinance involving the appropriation or expenditure of funds may be considered by the Metropolitan Council if the department, agency or office benefiting from the appropriation or expenditure has failed for thirty or more days to respond to information requested by the Metropolitan Council or any committee of the Metropolitan Council.
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Upon the consideration of any ordinance or resolution by the Council, the first person to be recognized by the Vice Mayor shall be one of its sponsors. The second shall be the chair or one spokesman of the committee to which the matter has been referred. No action may be taken on any ordinance or resolution (except ordinances on introduction and first reading) at any meeting of the Council or at any meeting of a committee of the Council to which such ordinance or resolution has been referred unless a sponsor is present or a sponsor has informed the Vice Mayor or chair of the committee, in writing, of the action that should be taken and of the member of Council designated to handle the matter in the sponsor’s absence.
-29-
A member shall speak no more than once on the same subject until all members have had an opportunity to speak on it, and for no more than eight minutes, except that one sponsor of an ordinance or resolution and one spokesman of the committee to which the matter has been referred shall each have the right to speak twelve minutes. This restriction may be waived by a majority of the members present. During the course of any meeting, if a member of Council is referred to by name by any speaker, then such member shall be recognized by the Chair immediately following the conclusion of the previous speaker for the purpose of raising a question of personal privilege.
-30-
The Mayor or his authorized representative shall have the privilege of the floor for the purpose of discussing matters under consideration by the Council.
-31-
Member of the public may address the Council by a majority vote of the Council members present. This restriction does not apply to zoning matters where all parties concerned shall be allowed to speak for reasonable periods. Such reasonable periods are to be determined by the Vice Mayor of the Council, who has the authority to limit such speakers' time.
-32-
Neither a motion to table nor motion for the previous question may be made by the last member to speak on a measure, but such motion may be made only by a member who has obtained the floor for that sole purpose.
A motion to table may be debated only by the maker of the motion and by one proponent of the bill or resolution involved.
Provided, at any meeting wherein the operating budget for the ensuing fiscal year is being debated on third reading, a motion to table cannot be made until the proponents and opponents have been allocated at least fifteen minutes each of debate.
-33-
At any meeting wherein the operating budget for the ensuing fiscal year is being debated on third reading, the following provisions shall apply, any rule contained in these rules to the contrary notwithstanding:
1. No motion to amend the operating budget or a substitute operating budget ordinance may be entertained by the Council, unless such amendment or substitute budget has been submitted to the Budget and Finance Committee for a recommendation.
2. A second substitute budget ordinance may not be amended but must be acted upon as filed and presented.
3. A motion to table the budget ordinance or a substitute budget ordinance cannot be made until the proponents or opponents have been allowed at least fifteen minutes of debate. Provided however, when a motion is made to table any amendment proposed to the budget ordinance or substitute budget ordinance, the spokesperson for such amendment may divide a total of twelve minutes among other members speaking in support of the motion.
-34-
A motion to reconsider a vote of the Council on any ordinance or resolution can be entertained only on a final reading and an affirmative vote and then only when the following have been complied with:
(a) The maker of the motion to reconsider must have voted with the prevailing side.
(b) The motion to reconsider must be made before the next order of business.
(c) Not less than four (4) members of the Council must second the motion, and these four members need not have voted with the prevailing side.
Such motion, properly made and seconded, must be considered and finally acted on at the next regular meeting of the Council or at a special meeting called for that purpose.
No statement that a member is proposing to offer a motion to reconsider at a later meeting is to be entertained by the Council.
-35-
Any affirmative action of the Council may be rescinded by two-thirds (2/3) vote of the full membership of the Council (27 votes).
-36-
All legislation which directly or indirectly affects any Metropolitan Government Pension Plan shall be referred to the Metropolitan Employee Benefit Board for an actuarial study before the matter can be considered by the Metropolitan Council. The Metropolitan Employee Benefit Board shall have ninety (90) days from the date the legislation is referred to said Board to report to the Metropolitan Council. If no such report is received, the Council shall be entitled to consider the legislation.
-37-
The Chair shall call for a roll call vote when:
1. The Chair is unable to determine the outcome of a voice vote on a bill upon any reading.
2. There is any abstention or negative vote on a resolution or on a bill on third reading.
3. Five (5) members of Council request a roll call vote prior to a vote or immediately following a voice vote.
A roll call vote is required on third reading for all zoning matters disapproved by the Planning Commission, on all matters affecting traffic control or use of streets disapproved by the Traffic and Parking Commission, and on all legislation vetoed by the Mayor.
-38-
The roll call vote shall be by voting machine, if possible.
-39-
The Director of Law or one of his assistants or the Director of the Council Staff shall attend the meetings of the Council to advise on matters of law.
-40-
All appointees to be confirmed by the Council shall be required to complete a questionnaire adopted by the Rules Committee, which completed questionnaire shall be filed with the Clerk and a copy of which shall be mailed by the Clerk to all members of Council. No action may be taken upon such appointee until and unless such completed questionnaires have been mailed to members of Council at least five days preceding any vote for confirmation.
The Mayor may withdraw for consideration any appointee submitted to the Council for confirmation and such withdrawal shall relate back to the original date of appointment the same as if such person had not been appointed; however, such withdrawal shall not act to enlarge upon the time permitted by the Mayor, under the relevant provisions of the Charter, to submit an appointee for confirmation. All appointments subject to election or confirmation by the Council shall be elected or confirmed by a majority of the entire membership of the Council (21 votes), except where other requirements are established by the Charter. Any appointee failing to receive the required vote of the Council shall be deemed to have been rejected.
A resolution proposing amendment or amendments to the Metropolitan Charter must receive an affirmative vote for adoption of not less than 2/3 of the membership to which the Council is entitled
(27 votes), and further, any amendment to any such resolution, including Charter amendments, must also receive an affirmative vote of not less than 2/3 of the membership to which the Council is entitled (27 votes).
-41-
All elections conducted by the Council to elect members to the Metropolitan Planning Commission and the Traffic and Parking Commission or any other position to which a member of the Council must be elected shall be conducted as follows:
1. At the next regular meeting of the Council following a vacancy, the Vice Mayor shall call for nominations to fill said positions from the membership of the Council. No second shall be required to place the same in nomination.
2. Upon the close of nominations voting shall begin. Voting shall be by open ballot and may be cast only for a person who has been properly nominated. Each vacant position to be filled by an election shall be voted upon separately. That person receiving the largest number of votes shall be elected provided a majority of the votes cast is received. If there are more than two candidates and no candidate receives a majority of the votes cast, the two candidates receiving the largest number of votes shall proceed to a runoff election. The Vice Mayor shall vote only in the case of a tie when there are two candidates.
3. Ballots shall be distributed to each member of Council who shall thereupon write or print their name, district, number or at-large notation and shall vote for the nominee of their choice who has been properly nominated. The ballots shall be collected by a teller designated by the Vice Mayor who shall thereupon deliver the ballots to the Clerk who shall read each Council member's name and the candidate for which the member of Council voted into the record, which vote must be confirmed by the member of the Council. The final vote shall be tabulated and spread upon the minutes of the Metropolitan Council. Any ballot of a member of Council which does not comply with the provisions of this Rule 41 shall be void and not considered as a vote cast under the Rule.
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Upon the expiration of the term of a member of the Industrial Development Board created pursuant to Tennessee Code Annotated 7-53-301, et seq., and of the Health and Educational Facilities Board created pursuant to Tennessee Code Annotated 48-1907, et seq., the following procedure shall be established for the selection of a successor:
1. The Vice Mayor shall be letter notify each member of the Council of the existence of a vacancy on said boards. At the next regularly scheduled Council meeting of the existence following a notification by the Vice Mayor, the Vice Mayor shall call for nominations from the membership of the Council to fill the vacancy on said board.
2. Those persons nominated shall be referred to the Rules-Confirmations-Public Elections Committee of the Council for recommendation. The Committee shall meet and determine the relative qualifications of the various candidates and report to the Council its recommendation at the next regularly-scheduled Council meeting following the meeting wherein the candidates were nominated.
3. Upon receiving the recommendation of the Rules-Confirmations-Public Elections-Aviation Committee, the Metropolitan Council shall conduct an election to elect a person to the Industrial Development Board or to the Health and Educational Facilities Board. Any person nominated who fails to appear before the Rules Committee shall be deemed to have withdrawn their name for nomination. In the event of multiple vacancies, each person nominated and not elected on the election for the first vacant position shall be deemed nominated for such succeeding election for a vacant position being voted upon at such meeting. The election shall be conducted in the same manner as provided in Rule 41.
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Procedure for selecting a successor to fill a vacancy in any office which by law is to be filled by the Metropolitan Council.
1. Upon the vacancy in the office of any elected official which may lawfully be filled by the Metropolitan Council, each member of the Council shall be notified of said vacancy by an announcement by the Vice Mayor at the next meeting of the Council. Such announcement shall be at least four weeks preceding the meeting at which a successor is to be elected. Upon the announcement of a judicial or court clerk vacancy, the Metropolitan Clerk shall immediately notify the Nashville Bar Association and Napier-Looby Bar Association of such vacancy, which notification may be by facsimile transmission.
2. The Council may select a successor at any special called meeting of the Council, provided the notice under paragraph 1 is satisfied.
3. Nominations. All members of the Metropolitan Council as well as members of the general public, including candidates themselves, may nominate a person to fill the vacancy in office. No second shall be required to place the name in nomination. All nominations shall be in writing, signed by the person making the nomination and filed with the Metropolitan Clerk not later than 4:00 p.m. on the day which is one week following the date of the notice of the vacancy, at which time nominations will be closed. Together with the written nomination, the person so nominated shall file with the Metropolitan Clerk a written statement setting forth their willingness to serve if elected, their complete name, their age, their place of residence, the length of time the person has lived in Davidson County, their resume and all other information which may be required by law to ensure their eligibility to serve. The nominee shall also file an answer to a detailed questionnaire approved by the Rules-Confirmations-Public Elections Committee. Such questionnaire shall include, but not be limited to, educational, professional or occupational experience, public and professional experience, professional and personal conduct, whether the candidate is physically and mentally able to perform the essential duties of the position with or without reasonable accommodations, and if the candidate is an attorney, shall include a waiver of confidentiality as to disciplinary matters under the Tennessee Supreme Court Rule 9, Section 25. The Metropolitan Clerk shall forward copies of nomination documents to each member of Council.
4. All candidates for a position shall personally appear before the Rules-Confirmations-Public Elections Committee to be interviewed to ensure the candidate meets the required qualifications.
5. Judicial or Court Clerk Candidates. The Metropolitan Clerk shall forward the names of all persons nominated to fill a judicial or court clerk vacancy to the Nashville Bar Association and Napier-Looby Bar Association and request that a Candidate Evaluation Poll be taken from its membership. The results of the poll, including the total number of members and the members responding, shall be filed with the Metropolitan Clerk, who shall forward such results to the members of the Council. All candidates for a judicial or court clerk position shall personally appear before the Rules-Confirmations-Public Elections-Aviation Committee, at its meeting at least two weeks prior to the Council meeting at which time the election will be held to fill the vacancy, to be interviewed to ensure the candidate meets the required qualifications.
6. Petitions from voters residing in the county may be presented to the Metropolitan Council by filing them with the Metropolitan Clerk in support of any candidate.
7. At the meeting for the Council when the selection is to be conducted, the Council member or other person having nominated a candidate may speak for no more than five minutes and may yield the floor to the candidate or other persons who wish to speak in support of the nomination. No more than five minutes total shall be given any one candidate for their presentation and the persons speaking in support of the candidate.
8. The election shall be conducted in the same manner as provided in Rule 41.
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The following procedure shall be followed by the Metropolitan Council in order to recall or remove a member of a board or Commission of the Metropolitan Government as provided by the Charter:
1. A resolution shall be filed with the Clerk providing for the removal of a member of a board or commission, which resolution shall state the reasons or grounds for such removal. A copy of said resolution shall be forwarded by the Clerk to the member sought to be removed and such resolution shall be placed upon the regular agenda of the Council.
2. Such resolution shall be deferred for one meeting and referred to the Rules-Confirmations-Public Elections Committee. The person sought to be removed may appear at such committee meeting, but shall not be compelled to appear before the committee. The committee shall make a recommendation to the Council but may not recommend a deferral of action on said resolution.
3. Any person sought to be removed from a board or commission, or their designated representative, may address the Council prior to a vote on the resolution removing them from the position. In the event a person sought to be removed resigns from such position, by submitting a written resignation to the Clerk prior to a vote on the resolution, no vote shall be taken on the resolution.
4. All votes on resolutions removing any person from a board or Commission of the Metropolitan Government shall be by voting machine.
-45-
All members of the Metropolitan Council who travel on Metropolitan Government business at its expense shall within 15 business days thereafter file with the Metropolitan Council Staff Office an itemized statement of the principal expenses incurred. No further expense advance or reimbursements will be made until full compliance with this rule has been effected.
-46-
The use of the Council Chamber is left to the discretion of the Vice Mayor regarding the following matters:
1. Meetings held inside the legislative area using the Council members’ desks.
2. When to allow the speaker system to be used by groups other than the Council.
3. When groups other than Council committees use the committee rooms and make rearrangements of the furniture, the Vice Mayor shall designate who is responsible for placing the room back in proper order.
No written materials, documents or other items may be distributed and/or placed upon Council members’ desk unless:
1. They are signed by the individual requesting distribution and clearly shows said individual’s name, address, and telephone number; and
2. They have been delivered first to the Vice Mayor, Metro Clerk or Council Staff with a request for distribution.
3. Except for petitions to be filed with the Clerk or other matters relating to zoning legislation, no materials may be distributed to members of Council after a meeting begins.
4. They bear the signature of the Member of Council requesting distribution.
Further, the distribution of all such materials shall be under the direction of the Metropolitan Clerk.
-47-
No person except those persons who are permitted in the Council Chamber during a meeting of the Metropolitan Council under these rules may be in the Council Chamber at any time one hour prior to any meeting of the Metropolitan Council until the conclusion of that meeting. While the Metropolitan Council is in session, no person, except those persons who are permitted in the legislative area of the Council Chamber during a meeting as provided in these rules and family members of the members of Council, Vice Mayor or the staff of the Council, may be present in the committee rooms, the restrooms or hallway between the committee rooms and the legislative area of the Council Chambers.
-48-
Rules for televising and radio broadcasting of meetings of the Metropolitan Council: All licensed commercial television and radio stations in The Metropolitan Government of Nashville and Davidson County shall be eligible to broadcast meetings of the Metropolitan Council subject to compliance with the following rules:
a. Authority to broadcast or televise shall be obtained by applying in writing to the Rules-Confirmations-Public Elections-Aviation Committee of the Metropolitan Council. No exclusive authority to broadcast shall be granted to any station or stations.
b. Sufficient equipment shall be provided by the radio stations so as to ensure all Council members being heard from their respective seats. Neither personnel nor equipment shall interfere with the orderly procedure of the Council meetings.
c. The nature of all commercial sponsorship shall be in keeping with a high degree of dignity of the Council. All sponsors shall be approved by the Rules-Confirmations-Public Elections Committee in advance of broadcasting.
d. Each broadcast shall be of the complete proceedings.
-49-
Smoking shall be prohibited in the Council Chambers at all times.
-50-
None of the standing rules of order shall be amended or repealed except by affirmative votes of two-thirds of the members of the Council. No change in the permanent rules of the Metropolitan Council shall become effective until thirty (30) days after its passage.
-51-
In the consideration of any particular matter, any or all of these rules may be suspended by the Council by unanimous consent of those members present.
-52-
In the absence of the rule upon any subject not specifically provided for in these rules, the Metropolitan Council will be governed by Robert’s Revised Rules of Order.
Mr. Waters moved to place in nomination the name of Mrs. Peggy Mathes for re-election to the office of Public Administrator and the name of Mr. Thomas H. Ware for re-election to the office of Public Trustee; Mr. Wallace moved to place in nomination the name of Ms. Monica D. Edwards for election to the office of Public Guardian, which nominations were accepted. An election to fill the offices will be held at the next regular meeting of the Council on January 4, 2000.
The President called for an election to fill one six-year term on the Health and Educational Facilities Board of the Metropolitan Government, the nomination of Dr. Gadson Jack Tarleton, Jr. having been previously made. Ms. Gilmore moved for the election of Dr. Tarleton to fill the vacancy, which motion was seconded and unanimously adopted.
Without objection, Resolution No. RS99-74 was taken up for consideration.
A resolution electing Dr. Gadson Jack Tarleton, Jr., to the Board of Directors of the Health and Educational Facilities Board of the Metropolitan Government of Nashville and Davidson County, Tennessee. The resolution was approved by the Rules-Confirmations-Public Elections-Aviation Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
- ELECTIONS AND CONFIRMATIONS -
Appointment of Mr. Tom Green and reappointments of Ms. Linda Lively and Ms. Paula Rucker to the Alarm Appeals Board. The Rules-Confirmations-Public Elections-Aviation Committee recommended the appointments, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Ms. Pat Smith to the Farmers Market Board. The Rules-Confirmations-Public Elections-Aviation Committee recommended the appointment, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Appointment of Ms. Marguerite Sallee and reappointment of Mr. Dick Lodge to The Sports Authority. The Rules-Confirmations-Public Elections-Aviation Committee recommended the appointments, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
Stormwater Management Committee
Reappointment of Mr. Tom Allen to the Stormwater Management Committee. The Rules-Confirmations-Public Elections-Aviation Committee recommended the appointment, and Mr. Waters moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.
- RESOLUTIONS-
RESOLUTION NO. RS99-55
A resolution requesting Nashville Electric Service to reconsider its announced increase of the reconnection fee for customers disconnected from service for lack of payment. Mr. Hall offered a substitute resolution, and moved that it be accepted for filing and no objection was made.
SUBSTITUTE RESOLUTION NO. RS99-55
A substitute resolution requesting Nashville Electric Service to consider an incremental stage increase of the reconnection fee for customers disconnected from service for lack of payment, if such fee is increased. The substitute resolution was approved by the Budget and Finance Committee. Mr. Hall moved to adopt the substitute resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution ratifying an agreement with the City of Belle Meade for the distribution of streets and roads funds for the fiscal year 1999-2000. The Budget and Finance and Public Works Committees approved the resolution with an amendment. Mr. Majors offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Majors moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution ratifying an agreement with the City of Forest Hills for the distribution of streets and roads funds for the fiscal year 1999-2000. The Budget and Finance and Public Works Committees approved the resolution with an amendment. Mr. Majors offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Majors moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution ratifying an agreement with the City of Oak Hill for the distribution of streets and roads funds for the fiscal year 1999-2000. The Budget and Finance and Public Works Committees approved the resolution with an amendment. Mr. Majors offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Majors moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
RESOLUTION NO. RS99-69
A resolution approving the property at 410 Chestnut Street to be used for a waste transfer facility. The resolution was disapproved by a joint vote of the Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Wallace moved to disapprove the resolution, based up the facts and information submitted to him in three documents, which motion was seconded and adopted by a unanimous voice vote of the Council.
See Page 462.
A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of James K. McKenzie against certain Metropolitan police officers for an amount not to exceed $30,000.00 and directing that this amount be paid from the judgment and losses liability account. The resolution was approved by the Budget and Finance Committee. Mr. Waters moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution appropriating the amount of $7,281,825 from the General Fund Reserve Fund for the purchase of equipment and for making repairs to buildings for various departments of The Metropolitan Government of Nashville and Davidson County. The Budget and Finance Committee recommended deferment of the resolution. Ms. Beehan moved to defer action on the resolution, upon the Committee’s recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution authorizing and providing for the financing to construct water facilities projects, including authorizing the execution of applications, contractual agreements, and other necessary documents, and making certain representations, certifications, and pledges of the extension and replacement fund of the Department of Water and Sewerage Services. The Budget and Finance and Public Works Committees recommended deferment of the resolution. Ms. Beehan moved to defer action on the resolution, upon the Committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.
A resolution approving a modification to a grant from the federal government through the State of Tennessee, Department of Transportation, to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Board of Parks and Recreation. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Ponder moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution approving a grant from the United States Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Board of Health, for health care for the homeless. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Arriola moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution approving a contract renewal in an amount not to exceed $250,000 between The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Board of Health, and the Campus for Human Development for the operation of a day shelter for homeless individuals and families. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Arriola moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution accepting $19,563.00 in compromise and settlement of the Metropolitan Government’s claim against R & R Express, Inc. The resolution was approved by the Budget and Finance Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution accepting $16,421.24 in compromise and settlement of the Metropolitan Government’s claim against Sargent Contractors. The resolution was approved by the Budget and Finance Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
A resolution compromising and settling the claim of Arlema Howlett against The Metropolitan Government of Nashville and Davidson County for an amount not to exceed $21,419.00 and directing that this amount be paid out of the self-insured liability fund. The resolution was approved by the Budget and Finance Committee. Ms. Beehan moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
- BILLS ON INTRODUCTION & FIRST READING –
An ordinance approving an agreement between the Metropolitan Department of Water and Sewerage Services and Chasetel Real Estate Holding, Inc. to allow Chasetel Real Estate Holding, Inc. to install telecommunication equipment on Metropolitan Government property for a monthly lease fee and to establish a Site Review Fee of $2000.00 per site for procession and review a request. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.
An ordinance abandoning the water line and easement on Map 72-15 (Proposal No. 99M-134U-05) retained in Ordinance 098-1269 of the proposed Project No. 99-WG-120, Pennington Avenue Easement Abandonment wherein a portion of Pennington Avenue was closed, and authorizing the Metropolitan Mayor to execute the attached document. 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, Historical and Port Authority Committees 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 through the Metropolitan Social Services Commission and P.S. Business Park L.P. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Health, Hospitals and Social Services and Planning, Zoning, Historical and Port Authority Committees by a voice vote of the Council.
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 AR2a District to RS20 District properties at 991 Morton Mill Road and Morton Mill Road (unnumbered), abutting the south margin of the CSX Railroad and the northern terminus of River Court (32.15 acres), (Proposal No. 99Z-108G), all of which is more particularly described herein. The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning, Historical and Port Authority Committee by a voice vote of the Council.
- BILLS ON SECOND READING -
SECOND SUBSTITUTE BILL NO. BL99-61
A substitute ordinance to amend Title 6, Chapter 6.54 of the Metropolitan Code of Laws concerning sexually oriented businesses. The bill was approved by the Codes, Fair and Farmers Market and Health, Hospitals and Social Services Committees. Mr. Ferrell moved to pass the bill on second reading, which motion was seconded. After discussion, Ms. Balthrop called for the previous question, which motion was seconded and adopted by a unanimous voice vote of the Council. The matter recurred on the motion to pass, which motion was seconded and adopted by a voice vote of the Council.
An ordinance accepting certain right-of-way from the Nashville Diocese of the Roman Catholic Church for a relocated alley, abandoning certain right-of-way across existing alleys to the Nashville Diocese of the Roman Catholic Church, amending the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, accordingly (Proposal No. 99M-138U-08), and granting a temporary construction easement, all of which is more particularly described herein. The bill was approved by the Planning Commission; the Public Works and Planning, Zoning, Historical and Port Authority Committees approved the bill as amended. Mr. Majors offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Haddox 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 amending Section 7.08.090 of the Metropolitan Code relating to distance requirements for issuance of beer permits by exempting certain locations in the CC and CF zone districts from a part of such requirements. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.
An ordinance to grant a permanent easement from The Metropolitan Government of Nashville and Davidson County for the construction and maintenance of a 50 foot road for purposes of ingress and egress over and across certain property owned by the Metropolitan Government (Tax Map 143, Parcel 24), (99M-143G-06), requested by William E. Kantz Jr., Appellant. The Public Works and Planning, Zoning, Historical and Port Authority Committees recommended deferment of the bill. Mr. Ponder moved to defer action on the bill, which motion was seconded and adopted by a voice vote of the Council.
An ordinance approving an agreement between the Metropolitan Government and Irish Express Logistics, Inc. for operation of a foreign-trade zone site and for approval of amendments and future foreign-trade zone agreements by resolution. The bill was approved by the Budget and Finance Committee. Ms. Beehan 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 RS7.5 District to CS District a portion of property approximately 300 feet west of Dickerson Pike and immediately north of Briley Parkway (3.54 acres), (Proposal No. 99Z-027G), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Majors moved to defer the bill indefinitely inasmuch as the developer is not yet ready to proceed, the bill being requested by Jack L. Jenkins, which motion was seconded and adopted by a voice vote of the Council.
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 RS7.5 District and IWD District to CS District properties at 3466 Dickerson Pike and Dickerson Pike (unnumbered), immediately north of Briley Parkway (43.42 acres), (Proposal No. 99Z-028G), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Majors moved to defer the bill indefinitely inasmuch as the developer is not yet ready to proceed, the bill being requested by J. Mark Stevenson, which motion was seconded and adopted by a voice vote of the Council.
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 and CS Districts to IWD District properties abutting the east margin of Interstate 65, south of West Trinity Lane (18.42 acres), (Proposal No. 99Z-138U-05), all of which is more particularly described herein. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committee. Mr. Black moved to defer the bill indefinitely inasmuch as the developer and owner are not yet in final agreement on certain details, the bill being requested by Ragan-Smith Associates, which motion was seconded and adopted by a voice vote of the Council.
An ordinance authorizing the Metropolitan Mayor to submit a five year Consolidated Plan for Housing and Community Development programs to the U.S. Department of Housing and Urban Development. The bill was approved by the Federal Grants Review Committee. Mr. Haddox moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance accepting the donation of a 1986 GMC pickup truck and a 1985 Ford van from the Drug Court Foundation to The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance Committee. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance approving a grant from the U.S. Department of Justice, Bureau of Justice Assistance to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for the Bulletproof Vest Partnership Grant. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance approving a grant from the U.S. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department for the Gang Resistance Education and Training Program (G.R.E.A.T). The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance approving a Joint Funding Agreement between the United States Department of the Interior, Geological Survey, and The Metropolitan Government of Nashville and Davidson County, Department of Water and Sewerage Services, for the period October 1, 1999 to September 30, 2000, for the operation of stream flow gauging stations, the Cumberland River (UVM) and Cumberland River water quality sampling and monitoring sites in Davidson County. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance approving and authorizing the Metropolitan Mayor to execute an agreement permitting the privately-funded construction of golf facilities and the provision of youth-oriented instruction and programming in Shelby Park. The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning, Historical and Port Authority Committees. Mr. Bogen moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Planning Commission and Planning, Zoning, Historical and Port Authority Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance authorizing the acceptance of certain property for use as park space and an easement for use as a greenway and authorizing the Metropolitan Mayor to execute an agreement relating to the construction of certain improvements to the greenway by and at the expense of WP East Acquisitions, LLC. The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning, Historical and Port Authority Committees. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance authorizing the acceptance of a proposal to The Metropolitan Government of Nashville and Davidson County from the State of Tennessee, Department of Transportation relating to Project No. 19002-2175-44, I-24 widening from east of I-440 to east of Haywood Lane, and authorizing the approval by resolution of the Metropolitan Council of utility relocation, maintenance of traffic signals and/or street lighting or other contracts and documents associated with this Project No. 19002-2175-44. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 97-WG-66B, Hickory Plaza 24" Water Main. The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance authorizing Qwest Communications Corporation to construct, install, and maintain a fiber optic cable, cables and conduits at a depth of 48" to 120" within the right-of-way of Metroplex Drive between Harding Place and the terminus of Metroplex Drive, (Proposal No. 99M-133U-08), all of which is more particularly described herein. The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Ms. Beehan moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance abandoning a sewer easement encumbering Map 117-11, Parcel 59, 71, 72 and 85, of the proposed Green Hills Library, Project No. 98-SL-277, and authorizing the Metropolitan Mayor to execute the attached document. The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance abandoning a sewer easement encumbering Map 105-15, Parcels 1, 2, and 3 of Project No. 98-SL-212, Vine Hill Development, and authorizing the Metropolitan Mayor to execute the attached document. The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance abandoning a sewer easement encumbering Map 43-5, Parcels 19-22 and 249, of the proposed Amqui School sewer easement abandonment, Project No. 99-SG-115 and authorizing the Metropolitan Mayor to execute the attached document. The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance abandoning a sewer easement encumbering Map 93-9, Parcel 100, of the proposed White Castle Systems, Inc., Project No. 97-SL-34 and authorizing the Metropolitan Mayor to execute the attached document. The bill was approved by the Planning Commission, Public Works and Planning, Zoning, Historical and Port Authority Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "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 renaming Richmond Hill Drive to "West Richmond Hill Drive" beginning at its terminus 120 feet west of Gwynnwood Drive to its eastern terminus at Ewingdale Drive and to rename Richmond Hill Drive to "Lyndale Court" between Lyndale Drive and its terminus at I-65, (Proposal No. 99M-132U-05), all of which is more particularly described herein. The bill was approved by the Planning Commission, E-911 Board, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees. Mr. Nollner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "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 renaming Campbell Road between Hamblen Drive and One-Mile Parkway to "East Campbell Road" and between Cunniff Parkway and Dickerson Pike to "West Campbell Road," (Proposal No. 99M-079G-04), all of which is more particularly described herein. The bill was approved by the Planning Commission, E-911 Board, Public Works, Traffic and Parking and Planning, Zoning, Historical and Port Authority Committees. Mr. Nollner moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
An ordinance approving a grant from the State of Tennessee, Department of Finance and Administration to The Metropolitan Government of Nashville and Davidson County, acting through the State Trial Courts for the improvement of the criminal justice system. The bill was approved by the Budget & Finance Committee. Ms. Sontany moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Ferrell, Waters, Briley, Gentry, Tucker, Gilmore, Black, Nollner, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Knoch, Jenkins, Turner, Williams, Lineweaver (39); "Noes" (0).
Upon motion duly seconded, the meeting was adjourned.