Metro Seal

Minutes

Metropolitan Council Meeting
Tuesday, October 21, 2003


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

The invocation was offered by Councilmember Diane Neighbors.

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: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (41); Absent: (0).

Mr. Wallace moved to amend the minutes of the October 7, 2003, meeting to reflect that a motion was made by Councilman Ludye N. Wallace during Announcements and Extraordinary Matters that at the August 19, 2003 Council meeting, former Councilmember-at-Large Chris Ferrell objected to a motion to suspend the Rules to consider Resolution No. RS2003-1557 requesting that an office within the Mayor’s Office be created to focus on issues related to the homeless, mentally ill, and addicted, which had been deferred by Rule by the Health, Hospitals & Social Services Committee. The motion was duly seconded. The President stated that a suspension of the Rules was necessary for consideration of this motion. Mr. Wallace moved that the rules be suspended, and no objection was made. The matter recurred on the motion to amend, which motion was adopted without objection. The Minutes of the regular meeting of October 7, 2003, were adopted as amended.


- ELECTIONS AND CONFIRMATIONS -


President Pro Tem
The President called for nominations for President Pro Tem of the Metropolitan Council for a one-year term expiring August 31, 2004. Ms. Neighbors nominated Mr. Tygard, which motion was seconded. There being no further nominations, the nominations ceased and the President declared the election of Mr. Tygard by a unanimous vote as President Pro Tem of the Council for a one-year term ending August 31, 2004.

Planning, Zoning and Historical Committee Chair
The President called for nominations to elect a chair of the Planning, Zoning and Historical Committee for a two-year term. Mr. Dozier nominated Mr. Loring; Mr. Summers nominated Ms. Hausser. There being no further nominations, the nominations ceased. The vote was taken and announced as follows: Loring: Dozier, Neighbors, Dread, Gilmore, Isabel, Craddock, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Wallace, Whitmore, Crafton, Whitson, Foster, Toler, Tygard (21); Hausser: Tucker, Briley, Hughes, Murray, Jameson, Cole, McClendon, Greer, Hausser, Walls, Summers, Shulman, Adkins, Alexander, Wilhoite, Coleman, Bradley, Williams (18); Abstaining: Kerstetter (1). The President declared the election of Mr. Loring as chair of the Planning, Zoning and Historical Committee for a two-year term.

Traffic and Parking Committee Chair
The President called for nominations to elect a chair of the Traffic and Parking Committee for a two-year term. Mr. Ryman nominated Mr. White. There being no further nominations, the nominations ceased and the President declared the election of Mr. White by a unanimous vote as chair of the Traffic and Parking Committee for a two-year term.

Audit Committee
The names of Mr. Dozier and Mr. Shulman were submitted as nominees to the Audit Committee for a one-year term expiring August 31, 2004. Without objection, Messrs. Dozier and Shulman were elected by a unanimous vote to the Audit Committee.

Industrial Development Board
The President called for nominations for fill three (3) vacancies on the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County. Mr. Wallace nominated Mr. Michael Hampton and Mr. Walter Searcy; Mr. Dozier nominated Mr. Tom Stewart; Mr. Jameson nominated Mr. Don Driscoll; and Mr. Summers nominated Mr. Nicholas Bailey. There being no further nominations, the nominations ceased. The nominees were referred to the Rules-Confirmations-Public Elections Committee for a recommendation, and an election will be conducted at the next regular meeting of the Council.

Auditorium Commission
Appointment of Ms. Abby Trotter to the Auditorium Commission for a term expiring June 30, 2006. Without objection, the confirmation was deferred.

Community Corrections Advisory Board
Appointment of Mr. Don Aaron to the Community Corrections Advisory Board for a term expiring July 30, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Transportation Licensing Commission
Reappointment of Ms. Mary S. Woods to the Transportation Licensing Commission for a term expiring October 5, 2005. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

President Gentry announced the appointment of the following special committees and their chairs:

CHARTER REVISION
David Briley, Chair
Sam Coleman
Randy Foster
Mike Jameson
Amanda McClendon
Jim Shulman
John Summers
Chris Whitson

FEDERAL GRANTS REVIEW
Jamie Isabel, Chair
Erik Cole
Ronnie Greer
Mike Jameson
Amanda McClendon
Pam Murray
Ludye Wallace
Edward Whitmor
e


- PUBLIC HEARING -

RESOLUTION NO. RS2003-14

A resolution approving the acceptance of a paperless, electronic law enforcement block grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County, acting through the Department of Metropolitan Police for the benefit of various departments of the Metropolitan Government. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Gilmore requested a hearing from the public on this resolution which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and no one came forward to be heard. The President declared the public hearing closed. Ms Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (40); “Noes” (0).

- RESOLUTIONS -


RESOLUTION NO. RS2003-9

A resolution requesting the Mayor’s Office, the Metropolitan Board of Public Education, and the Director of Schools to establish guidelines for and implement a performance incentive program for teachers and other Board of Education employees. The resolution was approved by the Education Committee. Mr. Wallace moved to defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-29

A resolution proclaiming October 25, 2003, through October 31, 2003, as “Nashville Magic Week”. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Briley, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Ryman, Hausser, Wallace, Walls, Whitmore, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Coleman, Bradley, Williams, Tygard (27); “Noes” Tucker, Forkum, Brown, Gotto, Burch, White, Crafton (7); “Abstaining” Dread, Loring, McClendon, Alexander, Toler (5).


RESOLUTION NO. RS2003-30

A resolution requesting the Metropolitan Police Department to consider designating a special police unit called “Safe Passage” to protect elementary and middle school children walking to school or to the bus stop to minimize the incidence of kidnapping and abduction, and to study the feasibility of using officers as they change shifts for this program to minimize costs. The resolution was approved by the Education and Public Safety-Beer, Wine and Whiskey Committees. Ms. Gilmore moved defer action on the resolution, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-31

A resolution requesting the Tennessee Department of Environment and Conservation and the U.S. Environmental Protection Agency to conduct additional environmental testing in the vicinity of the former Metropolitan Landfill at Metrocenter. The resolution was approved by the Public Works Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-32

A resolution requesting Comcast to provide a minimum twenty percent discount to senior and disabled citizens for cable television service. The resolution was approved by the Budget and Finance Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by a roll call vote of the Council. “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Burch, White, Loring, McClendon, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Toler, Coleman, Bradley, Williams, and Tygard (31); “Noes” Gotto, Whitson, Alexander, Wilhoite, Kerstetter (5); “Abstaining” Greer, Hausser, Crafton (3).


RESOLUTION NO. RS2003-33

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow the Metropolitan County Council to enact legislation which requires more open and complete disclosure of financial information in elections for positions created by the Metropolitan Charter of Nashville and Davidson County. The resolution was approved by the Rules-Confirmations-Public Elections Committee. Mr. Jameson moved to adopt the resolution, which motion was seconded. Ms. Gilmore offered Amendment No. 1 and moved for its adoption, which motion was seconded. After discussion, Mr. Dozier 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 amend, which motion failed by the following vote: “Ayes” Dozier, Gilmore, Isabel, Murray, Hart, Forkum, Burch, White, Loring, Greer, Wallace, Walls, Whitmore, Alexander, Wilhoite, Kerstetter, Toler, Coleman (18); “Noes” Neighbors, Tucker, Dread, Hughes, Craddock, Jameson, Cole, Ryman, Gotto, McClendon, Hausser, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Bradley, Williams, Tygard (20); “Abstaining” Brown (1). Mr. Cole moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-34

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the appropriate legislation to impose more stringent requirements for the registration of sex offenders and to appropriate the necessary funding to keep the sex offender registry updated. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Hart moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-35

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require that the requirements for a license issued by the Tennessee Alcoholic Beverage Commission to establishments located in Davidson County for sale and consumption of alcoholic beverages comport with the minimum distance requirements of the Metropolitan Government for the issuance of on-sale beer permits. The e Public Safety-Beer, Wine and Whiskey Committee recommended deferment of the resolution. Mr. Wallace moved to defer the resolution, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.


RESOLUTION NO. RS2003-36

A resolution requesting the Mayor’s Office of Neighborhoods, the Mayor’s Office of Emergency Management, the Metropolitan Police Department, and the Metropolitan Fire Department to study the feasibility of creating a program similar to Seattle’s Disaster Aid and Response Teams. The resolution was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-37

A resolution authorizing the execution, terms, issuance, sale and payment of general obligation multi-purpose bonds in the aggregate principal amount of not to exceed $140,000,000 of The Metropolitan Government of Nashville and Davidson County (Tennessee). The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote“Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-38

A resolution authorizing Lincoln Capital Fixed Income Management Company, LLC to act as the Metropolitan Government’s agent and to employ Gibbs & Bruns, LLP to represent the Metropolitan Government in a lawsuit against National Premier Financial Trust XII and other defendants. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote:
“ Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-39

A resolution approving an amendment to a grant from the State of Tennessee, Department of Military, Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for the acquisition of ten residential structures in a repetitive flood hazard area under the hazard mitigation project. The resolution was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-40

A resolution accepting a grant from the State of Tennessee, Tennessee Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County acting by and through the Metropolitan Board of Parks and Recreation for the provision of the Whites Creek Greenway. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Auditorium Committees. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-41

A resolution approving a grant from the State of Tennessee, Tennessee Department of Human Services, to The Metropolitan Government of Nashville and Davidson County, for resource sharing compensating Nashville Career Advancement Center for costs associated with housing Vocational Rehabilitation personnel at the Career Centers. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Kerstetter moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, and Tygard (40); “Noes” (0).


RESOLUTION NO. RS2003-42

A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. The resolution was approved by the Public Works Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-43

A resolution approving the compromise and settlement of the lawsuit of Sharon Terry against The Metropolitan Government of Nashville and Davidson County for the amount of six thousand five hundred dollars ($6,500) and directing that this amount be paid out of the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-44

A resolution authorizing the Department of Law to compromise and settle all issues and possible claims that the Metropolitan Government may have against NWQ Investment Management Company, LLC through the payment by NWQ Investment Management Company, LLC of two hundred thousand dollars ($200,000.00) to the Metropolitan Government Trust Funds. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

Without objection the rules were suspended for consideration for two (2) late resolutions.


RESOLUTION NO. RS2003-45

A resolution accepting the Joelton Community Plan 2003 Update adopted by the Metropolitan Planning Commission on October 9, 2003. The resolution was approved by the Planning, Zoning and Historical Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).


RESOLUTION NO. RS2003-46

A resolution requesting the Metropolitan Planning Commission to evaluate the current community education standards in the Zoning Code, and to recommend any modifications necessary to ensure such facilities receive appropriate review. Mr. Summers moved to adopt the resolution, which motion was seconded. Mr. Wallace moved to defer the resolution, which motion was seconded. After discussion, Mr. Shulman 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 defer, which motion was adopted by a voice vote of the Council.


- BILLS ON INTRODUCTION AND FIRST READING -


Mr. Tygard objected to consideration of Bill No. BL2003-33 with all other bills on introduction and first reading, and it was moved to the end of this agenda heading for hearing.

BILL NO. BL2003-31

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. 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. BL2003-32

An ordinance readopting the Code of The Metropolitan Government of Nashville and Davidson County, Tennessee, prepared by Matthew Bender & Company, Inc., including supplemental and replacement pages thereof, containing certain ordinances of a general and permanent nature enacted on or before May, 20, 2003. Upon motion duly seconded, the bill passed first reading and was referred to the Rules-Confirmations-Public Elections Committee by a voice vote of the Council.


BILL NO. BL2003-33
(See below.)


BILL NO. BL2003-34

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 "Celebrating Neighborhoods" conference to be held on November 22, 2003. 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. BL2003-35

An ordinance amending Title 3 of the Metropolitan Code of laws relative to employee benefits in order to comply with federal requirements for qualified plans. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees by a voice vote of the Council.


BILL NO. BL2003-36

An ordinance amending and extending the License and Franchise of Nashville Gas Company (formerly Nashville Gas and Heating Company), a Tennessee corporation, for an additional period. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Works Committees by a voice vote of the Council.


BILL NO. BL2003-37

An ordinance approving a corrected deed conveying certain real property interests to the Nashville & Eastern Railroad Authority in connection with construction of the Gateway Boulevard project (Proposal No. 2003M-120U-09). 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. BL2003-38

An ordinance amending Section 13.08.040 of the Metropolitan Code of Laws to require that street vendors at all times be in possession of, but not wear, I.D. badges issued by the County Clerk. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.


BILL NO. BL2003-39

An ordinance amending Section 2.20.040 of the Metropolitan Code by requiring the Director of Codes Administration to make certain reports to Members of Council on permits issued, inspections made and complaints acted upon by the Department of Codes Administration. Upon motion duly seconded, the bill passed first reading and was referred to the Codes, Fair and Farmers Market Committee by a voice vote of the Council.


BILL NO. BL2003-33

An ordinance amending Chapter 10.52 of the Metropolitan Code of Laws to limit the hours of operation for quarries and mines from nine o’clock (9:00) a.m. to three o’clock (3:00) p.m. Monday through Friday. Mr. Isabel moved to pass the bill on first reading and refer it to the Health, Hospitals and Social Services, Public Works, and Public Safety-Beer, Wine and Whiskey Committees, which motion was seconded. After discussion, Ms. Williams 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 defer, which motion was adopted by a voice vote of the Council.

 

- BILLS ON SECOND READING -

BILL NO. BL2003-1

An ordinance amending the Metropolitan Code of Laws to exempt restaurants that possess a valid license issued by the Tennessee Alcoholic Beverage Commission for on-premises sale and consumption of alcoholic beverages from the minimum distance requirements for obtaining beer permits. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-2

An ordinance amending Section 7.08.090 of the Metropolitan Code of Laws to exempt restaurants that have already obtained a license from the Tennessee Alcoholic Beverage Commission permitting the sale of alcoholic beverages for on-premises consumption from the minimum distance requirement for the issuance of beer permits pertaining to one and two family dwellings. The bill was approved by the Public Safety-Beer, Wine and Whiskey Committee. Mr. Dread moved to defer the bill on second reading and re-refer it to the Public Safety-Beer, Wine and Whiskey Committee, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-3

An ordinance making applicable to Metropolitan Government the provisions of Part 7 of Chapter 211 of Title 68 of the Tennessee Code Annotated to require local approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities. The bill was approved by the Public Works Committee. Ms. Gilmore moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-4

An ordinance amending Section 12.72.080 of the Metropolitan Code of Laws regarding the storage and removal requirements of stolen motor vehicles. The Public Safety-Beer, Wine and Whiskey Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-5

An ordinance accepting donations to the Metropolitan Police Department Police Surveillance and Investigative Support Unit in the total amount of one thousand dollars ($1,000.00) from the Target Department Stores and appropriating this amount to The Metropolitan Government of Nashville and Davidson County, Department of Police, for support of audio and video equipment for the Surveillance and Investigative Support Unit. The bill was approved by the Budget and Finance and Public Safety-Beer, Wine and Whiskey Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-6

An ordinance authorizing the acquisition of property by negotiation or condemnation for use in a public project for The Metropolitan Government of Nashville and Davidson County and specifically with relation to the construction of a new Antioch Middle School and a future elementary school in the Pettus Road area, for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2003M-097G-12). The bill was approved by the Planning Commission. The Budget and Finance, Education and Planning, Zoning and Historical Committees recommended deferment. Ms. Tucker moved to defer the bill on second reading, upon the Committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-7

An ordinance authorizing the acquisition of property by negotiation or condemnation along John Hager Road for widening of existing road to accommodate a future three lane section, curb and gutter, grass strip, sidewalk, storm drainage and associated improvements, Project No. 03-R-06 (Proposal No. 2003M-110G-14). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Gilmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council with Mr. Gotto abstaining.


BILL NO. BL2003-8

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming two separate portions of Baker Road to “Plemel Lane” (Proposal No. 2003M-086G-02). The bill was approved by the Planning Commission and ECD Board. The Traffic and Parking, Public Works and Planning, Zoning and Historical Committees recommended deferment. Mr. Ryman moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-9

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for the Metropolitan Government of Nashville and Davidson County, by abandoning and relocating a portion of Alley #889 (Proposal No. 2003M-066U-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 an adopted by a voice vote of the Council.

BILL NO. BL2003-10

An ordinance amending the Metropolitan Code of Laws to require the display of certain information on commercial trucks used in the collection or transporting of used tires. The bill was approved by the Public Works Committee. Mr. Wallace moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-11

An ordinance amending the Metropolitan Code of Laws to designate responsibility to the Metropolitan Board of Parks and Recreation to approve markers and stones, prior to installation, in the cemeteries owned by the Metropolitan Government to ensure that they are in keeping with the historic nature of the cemetery. The Parks, Library, Recreation and Auditorium Committee recommended deferment. Mr. Shulman moved to defer the bill on second reading, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-12

An ordinance to abandon the sewer line and easement on Map 104-15, Parcels 179, 182, and 205 and Map 104-16, Parcel 5 of Project 99-SL-187, Harris Teeter Grocery/Office. (Proposal No. 2000M-061U-10). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Ms. Hausser moved to pass the bill on second reading, which motion was seconded an adopted by a voice vote of the Council.


BILL NO. BL2003-13

An ordinance abandoning and relocating a portion of an 8” Sanitary Sewer and Easement located on Map 52, Parcel 010.00 of Project No. 03-SG-022, Pennington Bend Road (Proposal No. 2003M-079G-14). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Loring moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-14

An ordinance authorizing the Metropolitan Mayor to enter into a license agreement with Wal-Mart Stores East, LP allowing the Metropolitan Government Department of Public Works to place 14 recycling bins at Wal-Mart Store #710, located at 4101 Lebanon Pike, Hermitage, Tennessee, and authorizing approval of all future license agreements with Wal-Mart Stores East, LP by resolution (Proposal No. 2003M-089G-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Budget and Finance and Public Works Committees recommended deferment. Mr. Brown moved to defer the bill on second reading, upon the Committees’ recommendation, which motion was seconded and adopted by a voice vote of the Council.


BILL NO. BL2003-15

An ordinance authorizing the Metropolitan Mayor to enter into a license agreement with Nashville & Eastern Railroad Corporation allowing the Metropolitan Government Department of Public Works to install an electric line across the railroad right-of-way and under the railroad tracks owned by Nashville and Eastern Railroad Corporation at 3,130 ft. westerly, measured along the centerline of the main track from M.P. 1.0 (Actual M.P. .04), and authorizing approval of all future Nashville & Eastern Railroad Corporation license agreements by resolution (Proposal No. 2003M-088-U11). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was adopted by a voice vote of the Council.


BILL NO. BL2003-16

An ordinance authorizing the acceptance of a donation of certain property being part of Tax Map 150-00 Parcel 190 located at N/E corner Hamilton Church Road and Mt. View Road to The Metropolitan Government of Nashville and Davidson County Tennessee, for the use and benefit of the Metropolitan Nashville Public Schools (Proposal No. 2003M-096U-13). The bill was approved by the Planning Commission, Budget and Finance, Education, Public Works and Planning, Zoning and Historical Committees. Ms. Wilhote moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

Upon motion duly seconded, the meeting was adjourned.


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