Metro Seal

Minutes


Metropolitan Council Meeting
Thursday, December 3, 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 Councilmember Norma Hand.

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: Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard, and President Gentry (32); Absent: Ferrell, Nollner, Beehan, Dillard, Greer, Wallace, Holloway, and Knoch (8).

The Minutes of the regular meeting of November 19, 2002 were approved.


- ELECTIONS AND CONFIRMATIONS -

Community Corrections Advisory Board
Reappointment of Mr. Michael Miller to the Community Corrections Advisory Board as the Metropolitan Government representative for a term expiring July 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.

Metropolitan Development and Housing Agency
Appointment of Mr. Ben Rechter to the Metropolitan Development and Housing Agency for a term expiring November 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.

Municipal Solid Waste Region Board
Appointment of Mr. Robert Diehl to the Municipal Solid Waste Region Board for a term expiring December 15, 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.

Plumbing Examiners and Appeals Board
Appointment of Mr. Martin R. Vasquez-Reyes to the Plumbing Examiners and Appeals Board as a Journeyman Plumber representative for a term expiring March 10, 2003. 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.

Property Standards and Appeals Board
Appointment of Mr. Mario Ramos to the Property Standards and Appeals Board for a term expiring August 21, 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.

Wastewater Hearing Authority
Reappointment of Ms. Ruthie Brown Cherry to the Wastewater Hearing Authority for a term expiring October 1, 2004. In the absence of the appointee, the confirmation was deferred.

Reappointment of Dr. Edward L. Thackston to the Wastewater Hearing Authority for a term expiring October 1, 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.

Reappointment of Dr. Robert Wingfield to the Wastewater Hearing Authority for a term expiring October 1, 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.

Health and Educational Facilities Board
The President called for an election to fill one six-year term on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. The nominations of Ms. Rebecca F. Brooks and Dr. Elisha R. Richardson were previously submitted. Ms. Williams reported that the Rules-Confirmations-Public Elections Committee had found both nominees to be qualified for the position. The vote was taken and recorded as follows: Brooks: Waters, Briley, Majors, Hart, Brown, Alexander, Kerstetter, and Tygard (8); Richardson: Tucker, Gilmore, Black, Hall, Campbell, Balthrop, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Shulman, Arriola, Sontany, Jenkins, Turner, and Williams (22). The President declared that Dr. Elisha R. Richardson was elected to serve a six-term term on the Board.


- RESOLUTIONS -

RESOLUTION NO. RS2002-1258

A resolution requesting the Metropolitan Police Department to advise the Metropolitan Council of the current status of the development and implementation of the Amber Alert Project within the area of the Metropolitan Government. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1259

A resolution electing a member to the Board of Directors of the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County, Tennessee. Ms. Williams a substitute resolution and moved that it be accepted for filing, and no objection was heard.

SUBSTITUTE RESOLUTION NO. RS2002-1259

A substitute resolution electing Dr. Elisha R. Richardson 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 Committee. Ms. Williams moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1260

A resolution appropriating $150,000 in Community Development Block Grant funds for Health and Safety Rehabilitation Grants for elderly homeowners in the Cameron Neighborhood Strategy Area. The resolution was approved by the Federal Grants Review Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1261

A resolution authorizing the employment of special counsel to represent the interests of the Metropolitan Government of Nashville and Davidson County in the pursuit of its legal remedies for the overpayment of disability pension benefits to members of that program who may have underreported their earnings. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

Without objection, Bills Nos. BL2002-1236 and BL2002-1237 were called up for consideration at this time.

BILL NO. BL2002-1236

An ordinance creating the positions of Garage Manager; Garage Supervisor 1; Garage Supervisor 2; Manager of Fleet Operations; and Public Works Associate Director of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Tucker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1237

An ordinance creating the positions of Paramedic 3; Emergency Medical Technician 3; and Executive Administrator – Police/Fire for the Police and Fire Departments of The Metropolitan Government of Nashville and Davidson County. The bill was approved by the Public Safety-Beer, Wine and Whiskey and Personnel-Public Information-Human Relations-Housing Committees. Ms. Tucker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

At this time the regular order of business was resumed.

RESOLUTION NO. RS2002-1262

A resolution amending the pay plan for the employees of the Metropolitan Departments of Fire and Police, approved under Resolution No. RS2001-640, by adding the positions of Paramedic 3; Emergency Medical Technician 3; and Executive Administrator-Police/Fire. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1263

A resolution amending the pay plan for the general employees of The Metropolitan Government of Nashville and Davidson County approved under Resolution No. RS2001-639, by adding the positions of Garage Manager; Garage Supervisor 1; Garage Supervisor 2; Manager of Fleet Operations; and Public Works Associate Director. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1264

A resolution authorizing the Metropolitan Department of Public Works to accept the Fiscal Year 2002/2003 Recycling Rebate, in the amount of $157,067.00 from the State of Tennessee, acting by and through the Department of Environment and Conservation. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO.RS2002-1265

A resolution approving a grant from the Alcohol and Drug Council of Middle Tennessee, Inc. to The Metropolitan Government of Nashville and Davidson County, acting through the Juvenile Court for a Community/Juvenile Court liaison project. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1266

A resolution approving an agreement between Tennessee State University and The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Social Services Commission to provide support services for the Infant/Toddler Model Sites Training Sessions. The resolution was approved by the Budget and Finance and Health, Hospitals & Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1267

A resolution approving a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Social Services Commission for personal care services to eligible persons. The resolution was approved by the Budget and Finance and Health, Hospitals & Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1268

A resolution approving a grant from the Greater Nashville Regional Council to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Social Services Commission for nutrition and transportation services. The resolution was approved by the Budget and Finance and Health, Hospitals & Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1269

A resolution approving a grant from the State of Tennessee, Department of Human Services, to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Social Services Commission for the Refugee Assistance Program. The resolution was approved by the Budget and Finance and Health, Hospitals & Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1270

A resolution approving a Cooperative Agreement by and between the U.S. Department of Veteran Affairs and The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Board of Health to continue research for the treatment of pulmonary tuberculosis. The resolution was approved by the Budget and Finance and Health, Hospitals & Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1271

A resolution approving a grant in an amount not to exceed $389,000 from the State of Tennessee, Department of Health to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Board of Health for the provision of immunization services for children and adults and the control of vaccine-preventable diseases. The resolution was approved by the Budget and Finance and Health, Hospitals & Social Services Committees. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1272

A resolution approving a grant from the State of Tennessee, Department of State, to The Metropolitan Government of Nashville and Davidson County acting by and through the Nashville Public Library for library services to the hearing impaired, physically handicapped or disadvantaged and to promote general educational support services for the Metropolitan Nashville community. The resolution was approved by the Budget and Finance and Health, Hospitals & Social Services Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1273

A resolution approving a grant from the State of Tennessee, Department of Transportation, through the Transportation Enhancement Program to The Metropolitan Government of Nashville and Davidson County, for proposed streetscape enhancements along Nolensville Road, between Interstate 440 and Thompson Lane. The resolution was approved by the Federal Grants Review and Public Works Committees. Ms. McClendon moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1274

A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 5949 with the State of Tennessee, Department of Transportation, for reimbursement of engineering and construction inspection provided by Metro Water Services, for State Project No. IM-40-3(121)204, 19003-2184-44, I-40 improvements at Robertson Road/Briley Parkway, located in Davidson County, Tennessee. (Metro Project Nos. 99-SG-159/99-WG-158). The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1275

A resolution accepting $6,522.27 in compromise and settlement of the Metropolitan Government's claim against Daniel T. Tekle. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1276

A resolution accepting $6,966.96 in compromise and settlement of the Metropolitan Government's claim against Sandra Smith. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1277

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Children’s World Learning Center and Coit Services Inc. against The Metropolitan Government of Nashville and Davidson County for $85,000 and directing that this amount be paid from the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1278

A resolution approving the compromise and settlement of the lawsuit of John Doe, a minor, against The Metropolitan Government for the amount of sixty thousand dollars ($60,000) and directing that this amount be paid out of the self-insured liability fund. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1279

A resolution approving the compromise and settlement of the lawsuit of John Doe I and John Doe II, against The Metropolitan Government for the amount of thirty thousand dollars ($30,000) each and directing that this amount be paid out of the self-insured liability fund. The resolution was approved by the Budget and Finance Committee. Mr. Jenkins moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

RESOLUTION NO. RS2002-1280

A resolution authorizing R.C. Mathews Contractor, LLC, on behalf of Historic Hotels of Nashville, LLC, owner, to install, construct and maintain a rigid canopy measuring 16 feet in length by 12 feet in height, including support struts, projecting 14 feet over the public sidewalk at 9 feet above the public sidewalk, including a request to construct canopy downspouts to extend from the canopy along the face of the building and into and under the public sidewalk, for the 'Hermitage Hotel', located at 231 6th Avenue North (Proposal No. 2002M-069U-09). The resolution was approved by the Planning Commission, Public Works, and Planning & Zoning Committee Committees. Mr. Hall moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

 

- BILLS ON INTRODUCTION AND FIRST READING -


BILL NO. BL2002-1252

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 RS15 District to AR2a District properties at Ashland City Highway (51.41 acres), all of which is more particularly described herein (2002Z-122G-03). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1253

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 CN District to MUL District properties at 103 and 105 Scott Avenue at the intersection of Scott Avenue and Eastland Avenue (0.76 acres), all of which is more particularly described herein (2002Z-127U-05). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1254

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 district to CS district property at 5220 Nolensville Pike, approximately 350 feet south of April Lane, (0.57 acres), all of which is more particularly described herein (Proposal No. 2002Z-106G-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1255

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 MUL District property at 5144 Hickory Hollow Parkway, abutting the northern margin of Hickory Hollow Parkway, (1.94 acres), all of which is more particularly described herein (Proposal No. 2002Z-065U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


BILL NO. BL2002-1256

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 R8 district to RM40 district property at Hillside Drive (unnumbered), abutting the southern margin of Hillside Drive, (0.9 acres), all of which is more particularly described herein (Proposal No. 2002Z-112U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1257

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 making applicable to property abutting the south margin of Hillside Drive, west of Sharondale Drive, classified R8 district and proposed for RM40 district, (.90 acres), the provisions of a Planned Unit Development District, to permit an 11,785 square foot second story addition to an existing 21,250 square foot single story telecommunications equipment center for Bell South Telecommunications, Inc., (Proposal No. 2002P-007U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1258

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 RM15 district (40.58 acres) and MUN district (4.5 acres) within a Residential Planned Unit Development at Route 2 Old Franklin Road and Old Franklin Road (unnumbered), abutting the eastern margin of Old Franklin Road, (45.08 acres), all of which is more particularly described herein (Proposal No. 2002Z-097G-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1259

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the undeveloped Residential Planned Unit Development District located abutting the east margin of Old Franklin Road, south of Mt. View Road, classified within the RS7.5 district and proposed for MUN and RM15 districts, (45.08 acres), to permit a maximum of 422 townhouses, 72 condominium units, 18,842 square feet of commercial retail, and 21,070 square feet of office, all of which is more particularly described herein, (Proposal No. 95P?019G?13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1260

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 IR District to MUN District property at 300 Van Buren Street and 1402 4th Avenue North, approximately 50 feet north of Taylor Street (0.28 acres), all of which is more particularly described herein (2002Z-123U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1261

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 district to MUN district property at 1313 7th Avenue North, approximately 300 feet north of Monroe Street, (0.18 acres), all of which is more particularly described herein (Proposal No. 2002Z-108U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1262

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 district to RM9 district property at Ned Shelton Road (unnumbered), approximately 300 feet north of Smith Springs Road, (7.52 acres), all of which is more particularly described herein (Proposal No. 2002Z-118U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1263

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 SCC district to MUL district property at 2261 Murfreesboro Pike at the intersection of Una-Antioch Pike and Murfreesboro Pike, (8.36 acres), all of which is more particularly described herein (Proposal No. 2002Z-117U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1264

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Commercial Planned Unit Development District located abutting the west margin of Murfreesboro Pike and the south margin of Una-Antioch Pike, classified SCC and proposed for MUL district, (8.36 acres), to permit the conversion of an existing 38,850 square foot retail building to a church, all of which is more particularly described herein, (Proposal No. 61-85-P-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1265

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 R10 District property at 6057 Culbertson Road, abutting the southern margin of Culbertson Road (7.22 acres), all of which is more particularly described herein (Proposal No. 2002Z-087G-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1266

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 making applicable to property abutting the south margin of Glen Echo Road, 200 feet west of Hillmont Drive, classified within the R10 district, (2.06 acres), the provisions of a Planned Unit Development District, to permit the development of four duplex lots, including eight residential units, all of which is more particularly described herein, (Proposal No. 2002P-005U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1267

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 district to OL district property at 3420 Belmont Boulevard at the intersection of Belmont Boulevard and Woodmont Boulevard, (1.04 acres), all of which is more particularly described herein (Proposal No. 2002Z-111U-10). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1268

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 CS district properties at 529 Benzing Road and Bell Road (unnumbered), abutting the northern margin of Bell Road and the southern margin of Benzing Road, (1.12 acres), all of which is more particularly described herein (Proposal No. 2002Z-099U-12). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1269

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 RS15 district to RM9 (219.51 acres) and MUN (4.06 acres) districts properties at 3816, 3824, 3846, 3858, 3866 Dodson Chapel Road and Hoggett Ford Road, west of Dodson Chapel Road (223.57 total acres), all of which is more particularly described herein (Proposal No. 2002Z?102G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1270

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 making applicable to property abutting the west margin of Dodson Chapel Road and the south margin of Hoggett Ford Road, classified RS15 and proposed for RM9 and MUN districts, (223.57 acres), the provisions of a Planned Unit Development District, to permit 79 single-family lots, 998 townhomes, 2,589 assisted-living units for a total of 3,666 living units, and 87,760 square feet of retail, (Proposal No. 2002P?006G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1271

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 R8 district to RM9 district property at 4061 Dodson Chapel Road, approximately 100 feet south of Magnum Road, (6.68 acres), all of which is more particularly described herein (Proposal No. 2002Z-100G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1272

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 R15 and R20 districts to CL district property at 2558 Couchville Pike, abutting the north margin of Couchville Pike, (4.62 acres), all of which is more particularly described herein (Proposal No. 2002Z-120G-14). Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1273

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 (2002Z-021T). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1274

An ordinance amending Title 11, Chapter 11.20 of the Metropolitan Code, Fair Employment and Housing Practices. Upon motion duly seconded, the bill passed first reading was referred to the Personnel-Public Information-Human Relations-Housing Committee by a voice vote of the Council.

BILL NO. BL2002-1275

An ordinance authorizing the Mayor’s Office of Neighborhoods to accept cash donations and to appropriate sponsorship money that has been received into the general fund for the purpose of underwriting the cost of the 2002 “National Night Out Against Crime” conference and “Celebrating Neighborhoods” conference. 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. BL2002-1276

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by renaming the portion of 21st Avenue North between Clifton Avenue and Charlotte Avenue to “Shortview Avenue” (Proposal No. 2002M-105U-10), 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 Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1277

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by closing an unnamed street located south of Woodberry Drive, between parcels 191 and 192 of map 95-8, as requested by Lloyd and Myrtle Price for Molly E. Fosbinder, abutting property owner (Proposal No. 2002M-108U-14). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1278

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by renaming a portion of Fowler Street, officially designated as of 1951 as Pearcy Street from the northern property line of parcel 130 of map 44-14 to its terminus at Cunningham Street, to officially become Fowler Street (Proposal No. 2002M-106G-14), 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 Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1279

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by closing a 280-foot portion of Winstead Avenue from the mid-point of the right-of-way between Monticello Street and Old Matthews Road to the terminus of Winstead Avenue at Old Matthews Road, to close all of Alley #1039 from the east margin of Old Matthews Road to the west margin of Monticello Street, and all of an unnumbered ‘L-shaped’ alley extending east and north from Old Matthews Road (Proposal No. 2002M-070U-03). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1280

An ordinance approving the disposition of a certain parcel of property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County (32nd Ave North, Map 92-1, Parcel 50), (Proposal No. 2002M-124U-08). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1281

An ordinance approving the disposition of a certain parcel of property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County (7100 Whites Creek Pike, Joelton TN 37080, Map 22, Parcel 91)(Proposal No. 2002M-127G-01). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2002-1282

An ordinance authorizing the Director of Public Property to accept ownership of a certain part of Tax Map 148, Parcel 79 for the use and benefit of the Greenway Commission for use in the greenway system (4640 Cummings Park Drive, Antioch, Tennessee 37027; Proposal No. 2002M-126U-13). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance; Parks, Library, Recreation and Auditorium; and Planning, Zoning and Historical Committees by a voice vote of the Council.


BILL NO. BL2002-1283

An ordinance authorizing Meharry Medical College to construct, install, and maintain voice and data communication cables under the right of way at 21st Avenue North, approximately 150 feet north of the intersection of 21st Avenue North and Albion Street (Proposal No. 2002M-103U-08). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2002-1284

An ordinance authorizing an existing building, located at 1320 Little Hamilton Avenue and owned by George and Ruth Darby, to encroach 0.73 feet into the abutting Merritt Avenue right-of-way (Proposal No. 2002M-083U-11). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

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

BILL NO. BL2002-1285

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 SCC District to RM9 District properties at 483 Old Hickory Boulevard and Old Hickory Boulevard (unnumbered), abutting the southern margin of Old Hickory Boulevard (3.1 acres), all of which is more particularly described herein (2002Z-115U-12). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.


- BILLS ON SECOND READING -

BILL NO. BL2002-1244

An ordinance approving a lease agreement by and between the United States of America, Department of the Army, and The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Parks and Recreation for certain parcels of property adjacent to the J. Percy Priest Lake and Dam to be used as a trailhead for the Stones River Greenway (Proposal No. 2002M-114U-13). The bill was approved by the Planning Commission, Budget and Finance; Parks, Library, Recreation and Auditorium; and Planning, Zoning and Historical Committees. Mr. Stanley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1245

An ordinance approving the disposition of a certain parcel of property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County (1002 Saunders Avenue, Madison, TN) (Proposal No. 2002M-113G-04). The bill was approved by the Planning Commission, Budget and Finance, Public Safety-Beer, Wine and Whiskey Committee, and Planning, Zoning and Historical Committees. Mr. Jenkins moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1246

An ordinance amending the Metropolitan Code of Laws to prohibit the enforcement of parking meters on Saturdays. The Budget and Finance and Traffic and Parking Committees recommended deferment. Ms. Tucker moved to defer the bill on second reading at the request of the sponsor, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1248

An ordinance adopting the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County (Proposal No. 2002M-123U-00). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Summers moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1249

An ordinance abandoning and relocating a portion of a sewer line and easement upon completion and acceptance of proposed relocation on Map 104-02, Parcel 244 & 247 of Project No. 02-SL-48, The Row at 31st Avenue (Proposal No. 2002M-102U-10). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Whitmore offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted without objection. Mr. Whitmore 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. BL2002-1250

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning an unnumbered alley east of 31st Avenue North (Proposal No. 2002M-085U-10). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Whitmore 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 -

BILL NO. BL2002-996

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 RS10 District property at Moss Road (unnumbered), across from Winton Drive, (28.16 acres), all of which is more particularly described herein (Proposal No. 2002Z?016U?13). The bill was approved by the Planning Commission. The Planning, Zoning and Historical Committee recommended deferment. Mr. Alexander offered Amendment No. 2 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Alexander moved to defer the bill on third reading, the bill being requested by Wilson Stevenson, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1203

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 RS10 District property at 6125 Culberson Road (15.76 acres), all of which is more particularly described herein (Proposal No. 2002Z-072G-12). Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1222

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 R10 District properties at 420, 424 Donelson Pike, and Donelson Pike (unnumbered), approximately 160 feet south of Lakeland Drive (9.46 acres), all of which is more particularly described herein (Proposal No. 2002Z-078U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1223

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 RS10 (131 acres) and RM15 (14 acres) Districts properties at 765 Preston Road and Preston Road (unnumbered), approximately 1,250 feet west of Cane Ridge Road (145 acres total), all of which is more particularly described herein (2002Z-075G-12). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1230

An ordinance authorizing the Metropolitan Mayor to submit an Annual Update to the 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. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1231

An ordinance approving a grant from the State of Tennessee, Tennessee Arts Commission, to The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Nashville Arts Commission for general operating expenses. The bill was approved by the Budget and Finance Committee. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1232

An ordinance re-adopting Title 4 of the Metropolitan Code of Laws cited as the 1992 Procurement Code of The Metropolitan Government of Nashville and Davidson County with changes to sections 4.04.050, 4.04.060, 4.08.040(C)(6), 4.08.050(B), 4.12.010, 4.16.030, 4.32.050, and 4.40.050(B) and the addition of a new section, Section 4.04.070. The bill was approved by the Budget and Finance Committee. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1233

An ordinance amending Section 3.29.050 and 3.28.050 of the Metropolitan Code of Laws specifying that the Metropolitan Government has a subrogation interest for in-line-of-duty disability pensions paid when a third party is legally liable for the employee’s injury. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Tucker moved to defer the bill upon the request for additional information, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2002-1234

An ordinance amending Title 3 of the Metropolitan Code of laws relative to employee benefits in order to add a deferred retirement option program ("DROP") to the retirement plan. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Ms. Tucker moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1235

An ordinance permitting employees of the Metropolitan Government to decline medical and dental coverage offered through the metropolitan employee benefit system. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1236
(See listing in Resolutions)

BILL NO. BL2002-1237
(See listing in Resolutions)

BILL NO. BL2002-1238

An ordinance accepting a donation from the Dodge Division of the Daimler-Chrysler Corporation to the Metropolitan Police and Fire Departments. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1239

An ordinance approving the donation of certain surplus cellular telephones held by The Metropolitan Government of Nashville and Davidson County to various not for profit domestic violence organizations. The bill was approved by the Budget and Finance Committee. Mr. Jenkins moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1240

An ordinance reducing a triangularly shaped Public Utility Drainage and Storm Pipe Easement to a 10-foot wide Public Utility Drainage and Storm Pipe Easement located on Map 97-08, Parcel 009.00 of Project No. 02-SW-120, 4009 Lake Parkway (Proposal No. 2001M-089G-14). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1241

An ordinance authorizing Cook’s Pest Control to construct, install, and maintain coring and underground termite treatment within the public sidewalks along Second Avenue North, Bank Street, and First Avenue North for the purpose of termite protection of the Washington Square Building, located at 214 and 222 Second Avenue North (Proposal No. 2002M-095U-09). The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. Mr. Hall moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).

BILL NO. BL2002-1242

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County by abandoning Alley #1177 between Georgia Avenue and Alley #1221, abandoning a portion of Alley #1202 extending approximately 100 feet west from Alley #1177, and to abandon a portion of Alley #1221 from the east property line of parcel 174 of map 92-10 to its terminus at the east property line of parcel 162 of map 92-10 (Proposal No. 2002M-096U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, 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” Waters, Briley, Tucker, Gilmore, Black, Majors, Hall, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Arriola, Sontany, Alexander, Kerstetter, Jenkins, Turner, Williams, Tygard (31); “Noes” (0).


Upon motion duly seconded, the meeting was adjourned.