Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, August 20, 2002


The Metropolitan Council met in regular session on this date at 7:00 p.m. in the Metropolitan Courthouse.

The invocation was offered by Deacon Van McMinn of Antioch Church of Christ.

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, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Lineweaver, and President Pro Tem Gentry (36); Absent: Nollner, Stanley, Hand, Knoch (4).

The Minutes of the regular meeting of August 6, 2002 were approved.


- ELECTIONS AND CONFIRMATIONS -

Auditorium Commission
Reappointment of Ms. Jane Cleveland for a term expiring June 30, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Convention Center Commission
Reappointment of Mr. Burt Hummell for a term expiring June 7, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Quenton I. White for a term expiring June 7, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Appointment of Mr. Russell Willis for a term expiring June 7, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Electric Power Board
Appointment of Ms. Marguerite Sallee for a term expiring July 1, 2007. In the absence of the appointee, the confirmation was deferred without objection.


Historic Zoning Commission
Reappointment of Mr. Ronald Gobbell for a term expiring June 1, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Hospital Authority
Reappointment of Dr. Fred Allison for a term expiring July 11, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Tourism and Convention Commission
Appointment of Ms. Karen Spacek for a term expiring June 30, 2004. The Rules-Confirmations-Public Elections Committee recommended the appointment, and Ms. Williams moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.


- RESOLUTIONS -

RESOLUTION NO. RS2002-1115

A resolution authorizing Binlin Qin to install, construct and maintain an awning over the right-of-way at Taste of Tokyo restaurant, 1806 21st Avenue South, (Proposal No. 2002M-066U-10). The resolution was approved by the Planning Commission, Public Works, and Planning, Zoning, and Historical Committees. Ms. Hausser moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).


RESOLUTION NO. RS2002-1119

A resolution requesting the Mayor and the Employee Benefit Board to take necessary action, including submission of legislation, to freeze the costs of health insurance premium cost to employees of Metropolitan Government when they have twenty-five or more years of service. The Personnel-Public Information-Human Relations-Housing Committee recommended deferment of the resolution. Mr. Alexander moved to defer the resolution, in the absence of the sponsor and upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2002-1120

A resolution requesting the Board of Parks and Recreation and the Traffic and Parking Commission to provide recreation and parking services without costs to employees of Metropolitan Government with twenty-five or more years of service. The Parks, Library, Recreation and Auditorium and the Traffic and Parking Committees recommended deferment of the resolution. Mr. Alexander moved to defer the resolution, upon the committees’recommendation, which motion was seconded and adopted by a voice vote of the Board.


RESOLUTION NO. RS2002-1121

A resolution requesting the Mayor and the Department of Public Works to reinstitute the previous street paving policy. The Public Works Committee recommended disapproval of the resolution. Mr. Dillard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Board.


RESOLUTION NO. RS2002-1122

A resolution recognizing the week beginning September 15, 2002, as ‘National Civic Participation Week.’ The resolution was approved by the Rules-Confirmations-Public Elections Committee. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).

RESOLUTION NO. RS2002-1123

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot. The Charter Revision Committee recommended deferment of the resolution. Mr. Jenkins moved to defer the resolution, upon the committee recommendation, which motion was seconded and adopted by a voice vote of the Board.

RESOLUTION NO. RS2002-1124

A resolution approving an amendment and restatement of The Metropolitan Government's general bond resolution authorizing the issuance of revenue bonds for the financing of the Metropolitan Government's district energy system, and providing for the issuance and sale of the initial series of bonds thereunder and certain related matters. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).

RESOLUTION NO. RS2002-1125

A resolution amending Resolution No. RS2002-920, as amended, by appropriating an additional $350,000 from the Reserve for Council Infrastructure Improvement Program Account to the Department of Public Works for additional infrastructure improvements. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Black moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).

RESOLUTION NO. RS2002-1126

A resolution appropriating grant funds received from the law enforcement block grant and corresponding required matching funds to a special revenue fund 30017 in accordance with the terms of the contract. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).

RESOLUTION NO. RS2002-1127

A resolution approving an application for a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting through the Office of Emergency Management to purchase specialized equipment to ensure that public safety personnel are properly equipped to respond to possible incidents involving weapons of mass destruction. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Dillard moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).

RESOLUTION NO. RS2002-1128

A resolution authorizing The Metropolitan Government of Nashville and Davidson County to accept a waste tire storage and disposal grant from the State of Tennessee for the purpose of collection and disposal of waste tires. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).


RESOLUTION NO. RS2002-1129

A resolution authorizing the Director of Finance and the Director of Law to enter into an agreement accepting $875,000 in compromise and settlement of the Metropolitan Government's claim against Nelson Plumbing, Inc., Tennessee Stadium Group, LLP, Highlands Insurance Company and Travelers Insurance Company. The resolution was approved by the Budget and Finance Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).

Without objection the rules were suspended for consideration of one (1) late resolution.

RESOLUTION NO. RS2002-1130

A resolution approving the bill paying station agreement of the Department of Water and Sewerage Services per Metropolitan Ordinance No. 88-613. The resolution was approved by the Public Works Committee. Mr. Whitmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).

– BILLS ON INTRODUCTION AND FIRST READING –

BILL NO. BL2002-1162

An ordinance amending Section 7.08.090 of the Metropolitan Code by providing for an extended opportunity until April 30, 2003 for restaurants in the MUL zone districts to obtain retailer on-sale beer permits. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer, Wine and Whiskey Committee by a voice vote of the Council.

BILL NO. BL2002-1163

An ordinance approving a lease agreement between the Metropolitan Nashville Airport Authority (MNAA) and The Metropolitan Government of Nashville and Davidson County, for certain real property located at Nashville International Airport in Davidson County, commonly known as the Luton Center (Proposal 2002M-088U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Transportation and Aviation, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1164

An ordinance authorizing the Metropolitan Mayor to make an application and execute the necessary documents to secure a grant and/or loan from the U.S. Department of the Army, Federal Emergency Management Agency and/or the State of Tennessee Emergency Management Agency to fund the projects listed herein. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees by a voice vote of the Council.

BILL NO. BL2002-1165

An ordinance approving a grant from the State of Tennessee, Administrative Office of the Courts ("AOC"), to The Metropolitan Government of Nashville and Davidson County, for and on behalf of the Twentieth Judicial District State Trial Courts, for the Divorce Education and Mediation Project. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance Committee by a voice vote of the Council.

BILL NO. BL2002-1166

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring stormwater easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 02-SW-10, 3202 LaGrange and 3200 LaGrange Drive (Proposal No. 2002M-072U-03). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1167

An ordinance to amend Metropolitan Code of Laws Section 15.16.240, 15.16.260, 15.16,270, and 15.16,290 by removing the approval of lead water pipes and galvanized water pipes for installation in the public distribution system.
Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Code, Fair and Farmers Market Committees by a voice vote of the Council.

BILL NO. BL2002-1168

An ordinance authorizing the Metropolitan Government to participate with JCH Development Co., LLC, for the construction of Project No. 02-SL-22, Long Hunter Chase, Phase 3, Section 2, and execute the necessary documents. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning, and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1169

An ordinance approving a lease agreement between Duke Realty Limited Partnership and The Metropolitan Government of Nashville and Davidson County, acting through the Nashville Career Advancement Center, for certain real property located at 621 Mainstream Drive, Nashville, Tennessee, 37228, commonly known as Corners II (Proposal 2002M-087U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Personnel-Public Information-Human Relations-Housing, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1170

An ordinance abandoning a portion of easements and drainage system previously conveyed to the Metropolitan Government, Jackson Downs Commercial/Mathews Partners, Map 85, Part of Parcel 55, Project No. 66-S-53-F and 95-SL-76 and Map 85-7, Parcels 92, 93, 110, and 205 of Project No. 02-WL-78 (Proposal No. 95M-072U and Proposal No. 2002M-059U-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Public Works, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1171

An ordinance amending Title 17 of the Metropolitan Code to establish buffering distances between waste facilities and parks and schools, and by defining the term “park,” all of which is more particularly described herein (Proposal No. 2002Z-021T). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

- BILLS ON SECOND READING -

BILL NO. BL2002-1127

An ordinance adopting Chapter 12.69 of the Metropolitan Code of Laws prohibiting cruising in certain areas within the Metropolitan Government. The bill was approved by the Traffic and Parking and Public Safety-Beer, Wine and Whiskey Committees. Mr. Wallace moved to defer the bill for a Traffic and Parking Commission recommendation and to re-refer it to both committees, which motion was seconded and adopted by a voice vote of the Board.


BILL NO. BL2002-1134

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2002-2003. The bill was approved by the Budget and Finance Committee. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2002-1136

An ordinance authorizing the Metropolitan Mayor to make an application and execute the necessary documents to secure wastewater grants and loans from the State of Tennessee to fund the wastewater projects listed herein. The bill was approved by the Budget and Finance and Public Works Committees with an amendment. Ms. Beehan offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Board. Ms. Beehan moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2002-1137

An ordinance approving a grant in an amount not to exceed $360,000 from the United States Department of Justice to the Metropolitan Government of Nashville and Davidson County, acting through the 20th Judicial District Attorney General's Office for the Community Gun Violence Prosecution Program. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2002-1138

An ordinance authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5871 with the State of Tennessee, Department of Transportation, for distribution and collection system relocations, said construction being necessary as part of State Project No. 19959-4547-04, James Avenue over SR-155 (Briley Parkway) and Metro Project No. 02-WG-28, and ratifying an agreement with the Treasury Department of the State of Tennessee. The bill was approved by the Budget and Finance and Public Works Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1139

An ordinance approving a grant in the amount of $4,400 to The Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Board of Parks and Recreation, for the Urban and Community Forestry Grant Assistance Program. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1140

An ordinance approving and authorizing the Metropolitan Mayor to execute a license agreement with the American Society of Composers, Authors and Publishers relating to the use of musical compositions in the ASCAP repertory at Metropolitan Government facilities. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1141

An ordinance authorizing the acquisition by agreement or condemnation of utility easements relating to installation of residential grinder pumps in connection with Project No. 01-SG-86A, Grizzard Manor Grinder Pump Installation (Proposal No. 2002M-050G-02). The bill was approved by the Planning Commission, Budget and Finance, Public Works, Planning, Zoning, and Historical Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1142

An ordinance amending Chapters 2, 10, 15 and 16 of the Metropolitan Code of Laws by adopting the latest editions of the NFPA Fire Codes, the Standard Codes (Building, Gas, Mechanical, Plumbing) and the International Energy Conservation Code and amendments thereto and correcting outdated procedures and clarifying an electrical amendment. The bill was approved by the Codes, Fair and Farmers Market Committee. Ms. Tucker moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Board.

BILL NO. BL2002-1143

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Hale Street (Proposal No. 2002M-045U-03). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, and Traffic and Parking Committees; the Planning, Zoning and Historical Committee recommended deferment. Mr. Black moved to defer the bill upon the committee recommendation, the bill being requested by Caldwell Wright, which motion was seconded and adopted by a voice vote of the Board.


– BILLS ON THIRD READING –

BILL NO. BL2002-1075

An ordinance regulating the use and operation of horse-drawn carriages within the area of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance, Transportation and Aviation, and Public Safety-Beer, Wine and Whiskey Committees. Mr. Derryberry moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (32); “Noes” (0).


BILL NO. BL2002-1090

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 CL district to MUL District properties at 7380, 7386 Old Harding Pike and Bellevue Road (unnumbered), at the intersection of Bellevue Road and Old Harding Pike, (5.76 acres), all of which is more particularly described herein (Proposal No.2002Z-005G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Lineweaver moved the defer the bill indefinitely at the request of property owner Martha Richardson, which motion was seconded and adopted by a voice vote of the Board.

BILL NO. BL2002-1091

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 canceling the existing undeveloped Planned Unit Development abutting the northeast margin of Bellevue Road and the northwest margin of Old Harding Pike, classified within the CL district and proposed for MUL district, (5.76 acres), approved for two restaurants, one 7,475 square feet and the other 10,100 square feet, and a 5,600 square foot convenience market, all of which is more particularly described herein (Proposal No. 2000P-002G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Lineweaver moved the defer the bill indefinitely at the request of property owner Martha Richardson, which motion was seconded and adopted by a voice vote of the Board.


BILL NO. BL2002-1092

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 applying an Urban Design Overlay District to properties abutting the northeast margin of Bellevue Road and the northwest margin of Old Harding Pike, classified CL and proposed for MUL, (5.76 acres), to permit a mixed-use development including 61,850 square feet of retail/restaurant/office/residential uses, (Proposal No. 2002UD?002G-06). Mr. Lineweaver offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Board. The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Lineweaver moved the defer the bill indefinitely at the request of property owner Martha Richardson, which motion was seconded and adopted by a voice vote of the Board.


BILL NO. BL2002-1102

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 and CS districts to RS15 district properties at 8161 Coley Davis Road, Newsom Station Road (unnumbered), and McCrory Lane (unnumbered), (264.39 acres), all of which is more particularly described herein (Proposal No. 2001Z-077G-06). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Lineweaver moved to pass the bill on third reding, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (35); “Noes” (0).


BILL NO. BL2002-1116

An ordinance amending Chapter 8.20 of the Metropolitan Code by prohibiting the feeding of fowl in any street, alley, road, sidewalk, or other public way within the urban services district. The bill was disapproved by the Public Works Committee and approved by the Health, Hospitals and Social Services Committee. Mr. Wallace moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Board.


BILL NO. BL2002-1128

An ordinance deleting Title 12, Section 12.08.210 of the Metropolitan Code of Laws and inserting a new Section 12.08.210 changing the definition of “abandoned motor vehicle” and providing for abandoned personal property. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Majors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Briley, Tucker, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Loring, McClendon, Greer, Hausser, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (26); “Noes” Wallace (1); “Abstaining” Gilmore (1).


BILL NO. BL2002-1129

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. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (32); “Noes” (0).

BILL NO. BL2002-1130

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Book Publishing Company, including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before May 24, 2002. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. Williams moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (32); “Noes” (0).


BILL NO. BL2002-1131

An ordinance authorizing the Director of the Metropolitan Board of Parks and Recreation to enter into a lease agreement with the State of Tennessee for certain property located at the Ellington Agriculture Center on Edmondson Pike for use as a public park (2002M-075U-12). The bill was approved by the Planning Commission, Budget and Finance, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (32); “Noes” (0).


SUBSTITUTE BILL NO. BL2002-1132

A substitute ordinance approving the conveyance, subject to certain retained easements, of a fee simple interest in one parcel of real property and a permanent easement in a second parcel to the Nashville & Eastern Railroad Authority in connection with construction of the Gateway Boulevard project. The substitute bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Ms. McClendon moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (32); “Noes” (0).


BILL NO. BL2002-1133

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 Numbers 01-SG-91, 01-WG-88, Phase V, and 01-SG-92, 01-WG-89, Phase IV, Briley Parkway widening from Elm Hill Pike to Windemere Drive, by TDOT (Proposal No. 2002M-040U-14). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Bogen, Summers, Shulman, Arriola, Sontany, Kerstetter, Jenkins, Turner, Williams, and Lineweaver (32); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.