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Minutes


Metropolitan Council Meeting
Tuesday, June 24, 2003


The Metropolitan Council met in adjourned session on this date at 7:00 p.m. in the Metropolitan City Hall.

The invocation was offered by Councilmember Tony Derryberry.

The Metropolitan Council gave the pledge of allegiance to the American Flag.

The Minutes of the regular meeting of June 17, 2003, were approved.

The roll was called and the following members were present during the progress of the meeting: Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, Tygard, and President Gentry (38); Absent: (2) Nollner, Knoch (2).


- RESOLUTION -

RESOLUTION RS2003-1480

A resolution appropriating to certain accounts for the benefit of the Finance, Human Resources, and Police Departments, State Trial Courts, Election Commission, Arts Commission, Emergency Communications Center, Convention Center, County Clerk, and Administrative Accounts, the amount of Two Million, Seventy Eight Thousand, Two Hundred Dollars ($2,078,200) from designated and undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources. 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” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


- BILLS ON THIRD READING -

BILL NO. BL2003-1412

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by abandoning a portion of Alley #571 between Map 81-16, Parcels 422, 423, & 424 southwest of 14th Avenue North; relocating Alley #577 from Meharry Boulevard north to its terminus at Alley #571 approximately 23 feet towards 14th Avenue North; and abandoning a portion of an Unnamed Alley from Meharry Boulevard north to its terminus at Map 81-16 (Proposal No. 2003M-010U-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. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


BILL NO. BL2003-1425

An ordinance authorizing the assumption and taking over by The Metropolitan Government of Nashville and Davidson County of all public functions, rights, duties and property, assets and liabilities connected with First Suburban Water Utility District of Davidson County and assuming service jurisdiction and the Metropolitan Mayor to execute the agreement. The bill was approved by the Budget and Finance, Public Works and Planning, Zoning and Historical Committees and deemed approved by the Planning Commission for lack of a recommendation. Mr. Ponder moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


BILL NO. BL2003-1471

The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2003-2004. Mr. Jenkins offered a substitute bill and moved that it be accepted, which motion was seconded and adopted by a voice vote of the Council.


SUBSTITUTE BILL NO. BL2003-1471

The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2003-2004. The substitute bill was approved by the Budget and Finance Committee. Mr. Jenkins moved to pass the substitute bill on third reading, which motion was seconded.


Mr. Wallace offered Amendment No. 3 and moved that it be withdrawn, which motion was seconded and adopted by a voice vote of the Council.

Mr. Wallace offered Amendment No. 4 and moved that it be withdrawn, which motion was seconded and adopted by a voice vote of the Council.

Mr. Wallace offered Amendment No. 2 and moved for its adoption, which motion was seconded. The amendment was disapproved by the Budget and Finance Committee. Mr. Whitmore moved for a suspension of the rules for an amendment to Amendment No. 2; objection was heard and the rules were not suspended. The matter recurred on the motion to adopt, which motion failed by the following vote: “Ayes” Tucker, Greer, Wallace, Haddox, Whitmore, Hand, and Holloway (7); “Noes” Ferrell, Waters, Briley, Dread, Gilmore, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Hausser, Bogen, Summers, Shulman, Sontany, Alexander, Kerstetter, Jenkins, Turner, and Tygard (26); “Abstaining” Black, Majors, Hall, and Williams (4).

Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded. The amendment was disapproved by the Budget and Finance Committee. After discussion, Mr. Waters called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt, which motion failed by a voice vote of the Council.

Mr. Wallace offered Amendment No. 5 and moved for its adoption, which motion was seconded. The amendment was disapproved by the Budget and Finance Committee. After discussion, Mr. Turner called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt, which motion failed by the following vote: “Ayes” Tucker, McClendon, Wallace, Haddox, Whitmore, Alexander, and Holloway (7); “Noes” Ferrell, Waters, Briley, Dread, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Stanley, Loring, Hausser, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Jenkins, Turner, and Tygard (23); “Abstaining” Black, Majors, Hall, Derryberry, Greer, and Williams (6).

Mr. Wallace offered Amendment No. 6 and moved for its adoption, which motion was seconded. The amendment was disapproved by the Budget and Finance Committee. Mr. Whitmore moved for a suspension of the rules for an amendment to Amendment No. 6; objection was heard and the rules were not suspended. The matter recurred on the motion to adopt, which motion failed by the following vote: “Ayes” Tucker, Dillard, Stanley, Loring, McClendon, Wallace, Haddox, Whitmore, Alexander, and Holloway (10); “Noes” Ferrell, Waters, Briley, Dread, Beehan, Campbell, Hart, Balthrop, Brown, Ponder, Derryberry, Hausser, Hand, Bogen, Summers, Shulman, Sontany, Kerstetter, Jenkins, Turner, and Tygard (21); “Abstaining” Gilmore, Black, Majors, Hall, Greer, Williams (6).

Mr. Wallace offered Amendment No. 7 and moved that it be withdrawn, which motion was seconded and adopted by a voice vote of the Council.

The matter recurred on the motion to pass the substitute bill on third reading, which motion was adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


BILL NO. BL2003-1472

An ordinance establishing the tax levy in the General Services District for the fiscal year 2003-2004, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to Section 6.07 of the Metropolitan Charter. 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” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


BILL NO. BL2003-1473

An ordinance authorizing the Mayor’s Office of Children and Youth to accept cash donations to help underwrite the costs of the Mayor’s Summit on Children and Youth that was held April 10-12, 2003; and, authorizing the appropriation of those funds to the Mayor’s Office of Children and Youth for that purpose. 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” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).

BILL NO. BL2003-1474

An ordinance authorizing acceptance of a donated easement on private property for purposes of constructing a greenway bridge and a connector trail for the Shelby Bottoms / Cooper Creek Bridge (Proposal No. 2003M-056U-05). The bill was approved by the Planning Commission, Parks, Library, Recreation and Auditorium and Planning, Zoning and Historical Committees. Mr. Campbell moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).

BILL NO. BL2003-1476

An ordinance amending Section 7.08.070 of the Metropolitan Code to require retailer’s “off-sale” permit holders to post signs informing customers that it is unlawful to consume alcoholic beverages on the premises or to possess an open container of alcohol in public. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Waters moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).


BILL NO. BL2003-1477

An ordinance to abandon the Water Pumping Station on Map 118-11, Parcel 162.01, Old Thompson Lane Pumping Station, Project No. 02-WG-155, and authorizing Public Property to surplus and dispose of the property, with water, sewer ingress and egress easement rights to be retained by the Metropolitan Government for the Department of Water and Sewerage Services (Proposal No.2003M-036U-11). The bill was approved by the Planning Commission, Budget & Finance, 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” Ferrell, Waters, Briley, Tucker, Dread, Gilmore, Black, Majors, Hall, Beehan, Campbell, Hart, Dillard, Balthrop, Brown, Ponder, Derryberry, Stanley, Loring, McClendon, Greer, Hausser, Wallace, Haddox, Whitmore, Hand, Bogen, Summers, Shulman, Sontany, Alexander, Holloway, Kerstetter, Jenkins, Turner, Williams, and Tygard (37); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.


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