Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, April 20, 2004


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

The invocation was offered by Councilman Jim Forkum.

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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (40); Absent: Alexander (1).

- ELECTIONS AND CONFIRMATIONS -

Auditorium Commission
Appointment of Mr. Jeff Kellar to the Auditorium Commission for a term expiring June 20, 2006. 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.

Community Access Television Corporation Board
Appointment of Ms. Sherry Franklin to the Community Access Television Corporation Board for a term expiring October 10, 2004. 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.

Electrical Examiners and Appeals Board
Appointment of Mr. Ralph Parsons to the Electrical Examiners and Appeals Board as the electrical engineer representative for a term expiring February 15, 2008. 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.

Emergency Communications District Board
Appointment of Mr. Ron Hickman to the Emergency Communications District Board as the School District 4 representative for a term expiring February 14, 2008. 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.

Appointment of Mr. Buford Tune to the Emergency Communications District Board as the School District 6 representative for a term expiring February 14, 2008. 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.

Fair Board
Reappointment of Ms. Katy Varney to the Fair Board for a term expiring April 6, 2009. Without objection, the confirmation was deferred.

Fire and Building Code Appeals Board
Appointment of Mr. Bill Steffenhaggen to the Fire and Building Code Appeals Board as the fire prevention specialist for a term expiring March 1, 2008. 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.

Public Library Board
Reappointment of Mrs. Margaret Ann Robinson to the Public Library Board for a term expiring April 6, 2011. 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.

Social Services Commission
Appointment of Mr. Leonard Bradley to the Social Services Commission for a term expiring April 3, 2009. 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.

Tourism and Convention Commission
Appointment of Mr. John Veasey to the Tourism and Convention Commission for a term expiring June 20, 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.

Vegetation Control Board
Reappointment of Mr. Dwight Beard to the Vegetation Control Board for a term expiring March 1, 2008. 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.

Reappointment of Mr. Leroy Curtis to the Vegetation Control Board for a term expiring March 1, 2008. 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.

Reappointment of Ms. Nancy Ray the Vegetation Control Board for a term expiring March 1, 2008. 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.

Zoning Appeals Board
Appointment of Ms. Karen Johnson to the Zoning Appeals Board for a term expiring February 26, 2009. The Rules-Confirmations-Public Elections Committee recommended the appointment and Ms. McClendon moved for confirmation, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Whitmore, Whitson, Adkins, Foster, Kerstetter, Coleman, Bradley, (28); “Noes” Wilhoite (1); “Abstaining” Tucker, Hart, Wallace, Walls, Crafton, Shulman, Toler, Williams, Tygard (9).

- CONSENT AGENDA RESOLUTIONS -

RESOLUTION NO. RS2004-228

A resolution requesting the Mayor, the Metropolitan Department of General Services, the Metro Beautification and Environment Commission, the Davidson County Sheriff’s Office, the Juvenile Court and the State Trial Courts to coordinate efforts to clean up public property within the area of the Metropolitan Government. Mr. Wallace offered a substitute resolution and moved that it be accepted for filing, and no objection was made.

SUBSTITUTE RESOLUTION RS2004-228

A resolution requesting the Mayor, the Department of General Services, the Department of Public Works, the Department of Codes Administration, the Metropolitan Health Department, the Metro Beautification and Environment Commission, the Davidson County Sheriff’s Office, the Juvenile Court and the State Trial Courts to coordinate efforts to clean up public property within the area of the Metropolitan Government. The substitute resolution was approved by the Public Safety-Beer and Regulated Beverages and Parks, Library, Recreation and Entertainment Facility Committees.

RESOLUTION NO. RS2004-229

A resolution requesting the Davidson County Sheriff’s Office and the Metropolitan Department of Public Works to consolidate their brush collection and chipper services. The resolution was approved by the Public Works and Public Safety-Beer and Regulated Beverages Committees with an amendment. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-230

A resolution requesting the Tennessee Regulatory Authority, to the extent possible, to take the action necessary to allow local telephone service subscribers to keep the same telephone number when they move their residence from one area of Davidson County to another. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2004-246

A resolution proclaiming the week of April 26 through May 2, 2004, as Magdeburg-Nashville Cultural Week. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2004-247

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly and the State Building Commission to take the action necessary to reinstate the practice of providing lighted text messages and graphics on the exterior of the William R. Snodgrass Tennessee Tower. The resolution was approved by the Rules-Confirmations-Public Elections Committee.

RESOLUTION NO. RS2004-250

A resolution requesting the Director of Finance to advise the Council of a source of funding sufficient to provide adequate funding for a Best Practices Study for the Metropolitan Council. The resolution was approved by the Budget and Finance Committee.

RESOLUTION NO. RS2004-252

A resolution requesting the Mayor’s Office, the Department of Public Works, the Department of Water and Sewerage Services, and the Metropolitan Police Department to create a program and provide incentives for persons to report unsafe conditions in the roadway. Mr. Wallace offered a substitute resolution and moved that it be accepted for filing, and no objection was made.

SUBSTITUTE RESOLUTION RS2004-252

A resolution requesting the Mayor’s Office and all departments and agencies of the Metropolitan Government to create a program to provide incentives for persons to report unsafe conditions in the roadway. The substitute resolution was approved by the Public Works and Public Safety-Beer and Regulated Beverages Committee.

RESOLUTION NO. RS2004-253

A resolution requesting the Mayor and the Chief of Police to include an appropriate recognition at the North Police Precinct commemorating the early Black policemen in Nashville, and to construct a “Wall of Fame” for police officers who have received distinguished service awards. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee.

Upon motion duly seconded, the consent agenda resolutions were 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

- RESOLUTIONS -

RESOLUTION NO. RS2004-202

A resolution requesting the Metropolitan Board of Public Education to allow commercial advertising in school buses. The resolution was disapproved by the Education Committee. Mr. Isabel moved to adopt the resolution, which motion was adopted. After discussion Mr. Summers 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 the resolution, which motion failed by the following vote: “Ayes” Gilmore, Isabel, Ryman, Gotto, Burch, White, Loring, Whitmore, Wilhoite, Toler, Coleman, Tygard (12); “Noes” Dozier, Neighbors, Tucker, Briley, Dread, Hughes, Craddock, Murray, Jameson, Cole, Forkum, McClendon, Greer, Hausser, Wallace, Walls, Whitson, Summers, Shulman, Adkins, Foster, Kerstetter, Bradley, Williams (24); “Abstaining” Hart, Crafton (2).

RESOLUTION NO. RS2004-248

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact legislation that would make the failure to wear a seat belt a primary offense in Tennessee. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded. Mr. Whitson moved to defer the resolution, which motion was seconded. Mr. Isabel moved to table the motion to defer, which motion was seconded and failed by a roll call vote of the Council. After discussion Mr. Briley 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 the following vote: “Ayes” Dozier, Neighbors, Briley, Dread, Gilmore, Craddock, Jameson, Forkum, Greer, Hausser, Walls, Whitmore, Whitson, Summers, Shulman, Foster, Bradley, Williams, Tygard (19); “Noes Tucker, Isabel, Hughes, Murray, Cole, Hart, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Kerstetter, Toler, Coleman (16); “Abstaining” Crafton, Adkins, Wilhoite (3).

RESOLUTION NO. RS2004-249

A resolution supporting House Bill 1474 / Senate Bill 0374, currently pending in the Tennessee General Assembly, which would increase the penalty for aggravated cruelty to animals from a Class A misdemeanor to a Class E felony. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Cole moved to defer the resolution, upon the Committee recommendation, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-251

A resolution requesting the United States Department of Transportation, the Tennessee Department of Transportation, and the Tennessee Department of Safety to declare the Nashville interstate system to be a “Safety Zone”, to post additional signage notifying motorists of such Safety Zone, and to reduce the speed limit applicable to commercial trucks. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Whitson moved to defer the resolution, which motion was seconded. After discussion Mr. Briley 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, with Mr. Adkins abstaining.

RESOLUTION NO. RS2004-254

A resolution requesting the Metropolitan Board of Public Education to examine the feasibility of offering a one-time early retirement incentive to Board of Education employees. The resolution was approved by the Education and Personnel-Public Information-Human Relations-Housing Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded. Mr. Summers moved to table the motion to adopt, which motion failed for lack of a second. After discussion Mr. Cole 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 the resolution, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); “Noes” Greer, Summers (2); “Abstaining” Brown (1).

RESOLUTION NO. RS2004-255

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

RESOLUTION NO. RS2004-256

A resolution calling the Metropolitan Board of Equalization into regular session beginning June 1, 2004, and special session beginning June 14, 2004. 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, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-257

Resolution authorizing the issuance of General Obligation Refunding Bonds, Series 2006 of The Metropolitan Government of Nashville and Davidson County (Tennessee), in an original principal amount not exceeding $65,000,000 for the purpose of refunding a portion of the Metropolitan Government’s General Obligation Public Improvement Bonds, Series 1996; and authorizing the execution and delivery of an interest rate swap agreement in connection therewith. Ms. Gilmore offered a substitute resolution and moved that it be accepted for filing, and no objection was made.

SUBSTITUTE RESOLUTION RS2004-257

Resolution authorizing the issuance of General Obligation Refunding Bonds, Series 2006 of The Metropolitan Government of Nashville and Davidson County (Tennessee), in an original principal amount not exceeding $65,000,000 for the purpose of refunding a portion of the Metropolitan Government’s General Obligation Public Improvement Bonds, Series 1996; and authorizing the execution and delivery of an interest rate swap agreement in connection therewith. The substitute resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the substitute 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-258

A resolution approving the authorization, issuance and sale of Public Improvement Revenue Refunding Bonds, Series 2006, to be issued by The Sports Authority of The Metropolitan Government of Nashville and Davidson County, and pledging certain revenues to the payment of the principal of, premium, if any, and interest on said bonds. Ms. Gilmore moved that the resolution be withdrawn, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-259

A resolution authorizing the Director of Finance to accept and allocate private sector funds in the amount of $1,087,500.00 for the purposes of marketing and promoting Nashville and appropriating that same amount in public matching funds for the same purposes pursuant to the provisions of Substitute Bill No. BL2003-1471. 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, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-260

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, Board of Health, in an amount not to exceed $1,068,400 to increase bioterrorism preparedness and response capabilities. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-261

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, Board of Health, in an amount not to exceed $1,450,000 to provide for inspection of hotels, food service establishments, tattoo studios, and others. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-262

A resolution accepting a grant from the U.S. Department of Health and Human Services to The Metropolitan Government of Nashville and Davidson County, Department of Health, in an amount not to exceed $371,898 to provide primary health care services to homeless persons. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-263

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, Department of Health, in an amount not to exceed $513,700 to provide HIV/AIDS prevention and surveillance services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-264

A resolution accepting a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, Board of Health, in an amount not to exceed $5,912,753 to provide a variety of local health services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-265

A resolution approving an amendment to a grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County, Board of Health, increasing the grant by an amount not to exceed $426,500 for an array of health programs and services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-266

A resolution authorizing the Metropolitan Government to enter into an interlocal agreement with the City of Oak Hill to fund an evenly divided share of the costs for milling Tyne Boulevard in both municipalities. The resolution was approved by the Budget and Finance Committee; the Public Works Committee recommended deferment. Ms. Williams moved to suspend the rules to override the committee recommendation for deferment, which motion was seconded and adopted without objection. Ms. Williams 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-267

A resolution authorizing the Metropolitan Government to enter into Supplement #1 to Utility Relocation Contract No. 5844 with the State of Tennessee, Department of Transportation, for Distribution and Collection System Relocations, said construction being necessary as part of State Project No. STP-M-5333 (1), 19958-2732-54, Gateway Blvd. (Franklin Street) from 0.01 km west of 4th Ave. South to 0.4 km west of 1st Avenue South, and located in Davidson County, Tennessee; and Metro Project Nos. 99-WG-177 and 99-SG-182, and to enter into an agreement with the Treasury Department of the State of Tennessee. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Jameson 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-268

A resolution modifying the master list of architects and engineers originally approved by Resolution No. R94-1050. The resolution was approved by the Budget and Finance Committee; the Public Works Committee recommended deferment. Ms. Gilmore moved to suspend the rules to override the committee recommendation for deferment, which motion was seconded and adopted without objection. 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

RESOLUTION NO. RS2004-269

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Jacqueline Melton Griswold, administratrix of the Estate of Charles Wayne Melton, et al., against The Metropolitan Government of Nashville and Davidson County for the amount of fifty thousand dollars ($50,000), and this amount should be paid from the Self-Insured Liability Account. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, which motion was seconded. After discussion Mr. Briley 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 the resolution, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Burch, Loring, McClendon, Wallace, Walls, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (31); “Noes Hart, Gotto, White, Greer, Crafton (5); “Abstaining” Whitmore (1).

RESOLUTION NO. RS2004-270

A resolution authorizing Piranha Bar and Grill to install, construct and maintain aerial encroachments in the public right-of-way at 113 2nd Avenue North (Proposal No. 2004M-023U-09). The resolution was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-227

An ordinance amending Chapter 13.20 of the Metropolitan Code of Laws to require all persons engaged in excavation or paving work within the right-of-way of the Metropolitan Government to post two warning signs, one stating “Slow Down, My Daddy Works Here”, and one stating “Slow Down, My Mommy Works Here.” Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

BILL NO. BL2004-228

An ordinance authorizing the Metropolitan Government to collect payments in lieu of ad valorem taxes from owners of properties required to make such payments pursuant to Tennessee Code Annotated 67-5-207; approving the formula for calculating such payments; and authorizing the Metropolitan Government to enter into the necessary agreements to collect such payments. 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. BL2004-229

An ordinance approving an amendment to the contract between The Metropolitan Government Of Nashville and Davidson County and the State of Tennessee Department of Correction and State Funding Board. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees by a voice vote of the Council.

BILL NO. BL2004-230

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 February 3, 2004. 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. BL2004-231

An ordinance authorizing the Metropolitan Government to participate with Copperstone Development to provide public sewer service in Williamson County to The Woodlands at Copperstone Section 2 Subdivision Project No. 04-SL-29. 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. BL2004-232

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 to R6 district property at 915 40th Avenue North, south of Albion Street, (0.26 acres), all of which is described herein (Proposal No. 2004Z-035U-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. BL2004-233

An ordinance to amend Section 17.08.030 of the Metropolitan Code of Laws, the Zoning Ordinance, to allow religious institutions as a permitted use in all industrial zone districts, all of which is more particularly described herein (2004Z-003T). 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. BL2004-234

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 to RS5 district, various parcels located along Treutlan, Berry, Grace, Hancock, Arrington, Wilburn, and Cleveland Streets, and between North 2nd Street and North 6th Street, (100.28 acres), all of which is described herein, (Proposal No. 2004Z-043U-05). Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission and Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2004-235

An ordinance amending Chapter 13.20 of the Metropolitan Code of Laws to require all persons engaged in excavation, sidewalk construction or paving work within the right-of-way of the Metropolitan Government to post a sign indicating the expected commencement and completion dates of the project. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works Committee by a voice vote of the Council.

BILL NO. BL2004-236

An ordinance approving an agreement between the United States Department of the Army and The Metropolitan Government of Nashville and Davidson County, for the Richland Creek Feasibility Study Flood Damage Reduction. 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.


- BILLS ON SECOND READING -

BILL NO. BL2004-172

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring water mains, sanitary sewers, reservoirs, and stormwater easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 03-SG-128, Harding Place Extension 8” Sanitary Sewer/T.D.O.T. widening of Murfreesboro Pike (Proposal No. 2003M-126U-13). The bill was approved by Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Ms. Wilhoite moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-173

An ordinance amending Section 7.16.120 of the Metropolitan Code by changing residency requirements and stock ownership requirements for applicants for a certificate of compliance for a retail liquor license issued by the state alcoholic beverage commission. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee with an amendment. Mr. Crafton offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Crafton moved to defer the bill on second reading, as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-178

An ordinance amending Article I of Chapter 6.52 of the Metropolitan Code of Laws to require that plumbers doing business within the area of the Metropolitan Government be licensed, to add additional provisions regarding apprenticeship programs, and to add penalty provisions and additional grounds for violations. The bill was approved by the Codes, Fair and Farmers Market Committee. Ms. Gilmore offered a substitute resolution and moved that it be accepted for filing, and no objection was made.

SUBSTITUTE BILL NO. BL2004-178

An ordinance amending Article I of Chapter 6.52 of the Metropolitan Code of Laws to require that plumbers doing business within the area of the Metropolitan Government be licensed, to add additional provisions regarding apprenticeship programs, and to add penalty provisions and additional grounds for violations. The substitute bill was approved by the Budget and Finance Committee. Ms. Gilmore moved to defer the substitute bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-184

An ordinance requiring the Director of Finance to provide the Metropolitan Board of Public Education and the Metropolitan Council certain information regarding the operating budget for the Board of Public Education. The Budget and Finance and Education Committees recommended deferment. Mr. Shulman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-185

An ordinance to classify public roads in Davidson County, Tennessee. 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. BL2004-186

An ordinance authorizing the Metropolitan Government to enter into a Participation Agreement with CK Development, to provide public sewer service to Brookfield Estates Subdivision, Phase One & Three, Project No. 03-SL-163, in Williamson County. The bill was approved by the Budget and Finance and Public Works Committees. 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. BL2004-187

An ordinance authorizing the Metropolitan Government to participate with John Ring, Tennessee Contractors, Inc., to provide public sewer service in Williamson County to Fountainbrooke Phase 4, Project No. 03-SL-196. The bill was approved by the Budget and Finance and Public Works Committees. 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. BL2004-188

An ordinance naming the building on 3315 John Mallette Drive the “William F. Moynihan Center.” The bill was approved by the Health, Hospitals and Social Services Committee. Ms. Neighbors moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-189

An ordinance authorizing the Metropolitan Mayor to enter into a wire line crossing agreement with CSX Transportation, Inc. allowing the Metropolitan Government Public Works Department to install metal strand wires over or across the tracks and property owned or controlled by CSX Transportation, Inc. located at Valuation Station 523+80, Milepost 00J-9.75, Nashville Terminal Subdivision, and authorizing approval of all future CSX Transportation, Inc. crossing agreements by resolution. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-190

An ordinance authorizing Nashville Data Link, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2004M-032U-11). The bill was referred to the Planning Commision. The Public Works and Planning, Zoning and Historical Committees recommended deferment. Mr. Briley moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-191

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Shamrock Drive, from the west margin of Wildwood Valley Drive (Proposal No. 2004M-013G-10). The bill was approved by the Planning Commission and Traffic and Parking Commission and Planning, Zoning and Historical Committee. The Public Works and Traffic and Parking Committees recommended deferment. Ms. Williams moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-192

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 section of Old Harding Pike to Learning Lane, and to rename a section of an unnamed right-of-way “Old Harding Pike” between Collins Road and the unnamed right-of-way, and between Highway 100 and Old Harding Pike (Proposal No. 2004M-020G-06). The bill was approved by the Planning Commission and Emergency Communications District Board, Traffic and Parking and Planning, Zoning and Historical Committees. The Public Works Committee recommended deferment. Mr. Tygard moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-193

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 section of McCrory Creek Road to “Couchville Pike” (Proposal No. 2004M-016U-13). The bill was approved by the Planning Commission and Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Burch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-194

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 section of Concord Park Road to “Concord Park E.” (Proposal No. 2004M-017U-10). The bill was referred to the Emergency Communciatons Board. The bill was approved by the Planning Commission, Public Works, and Planning, Zoning and Historical Committees. The Traffic and Parking Committee recommended deferment. Mr. Summers moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-195

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by naming a currently unnamed roadway between McCrory Creek Road and Donelson Pike "Knapp Boulevard" (Proposal No. 2003M-085U-13). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Burch moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-196

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 alley off of 10th Avenue North and Monroe (Proposal No. 2004M-014U-08). The bill was approved by the Planning Commission and Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. 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. BL2004-197

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing Alley # 1928 and Alley # 1929, both unbuilt, located between Nolensville Road and Harrison Street (Proposal No. 2003M-122U-11). The bill was approved by the Planning Commission, Traffic and Parking Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-198

An ordinance authorizing Pinnacle National Bank to construct, install, and maintain underground encroachments under the public right of way at Alley #382 (Proposal No. 2004M-012U-10). The bill was approved by the Planning Commission, Public Works 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.

BILL NO. BL2004-225

An ordinance amending Chapter 16.04 of the Metropolitan Code of Laws to prohibit the issuance of a permit by the Department of Codes Administration until all necessary easements held by the Metropolitan Government have been abandoned. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Summers moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-226

An ordinance declaring a 120-day moratorium on the issuance of building and grading permits for property fronting West End Avenue from I-440 extending west to the terminus of the urban zoning overlay (UZO) district boundary. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Summers moved to pass the bill on second reading, which motion was seconded. Mr. Wallace moved to defer the bill indefinitely, which motion was seconded. Ms. Hausser moved to table the motion to defer, which motion was seconded and adopted by a roll call vote of the Council. The matter recurred on the motion to pass the bill on second reading, and a roll call vote was requested by at least five members of Council including Neighbors, Tucker, Dread, Isabel, Craddock, Ryman, Gotto, White, Loring, Wallace, Whitmore, and others. The motion to pass was defeated by the following vote: “Ayes” Briley, Dread, Hughes, Cole, McClendon, Greer, Hausser, Whitmore, Crafton, Summers, Shulman, Adkins, Wilhoite, Kerstetter, Toler, Coleman, Bradley (17); “Noes” Dozier, Neighbors, Tucker, Isabel, Craddock, Murray, Jameson, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, Wallace, Walls, Whitson, Foster, Tygard (19); “Abstaining” Gilmore (1).

- BILLS ON THIRD READING -

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 third reading, which motion was seconded. After discussion Mr. Crafton 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.

Without objection Bill Nos. BL2003-76 and BL2003-77 were considered together.

BILL NO. BL2003-76

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 OR40 district to CL district property located at 5548 Franklin Pike Circle (4.02 acres) and part of property at 5588 Franklin Pike Circle (8.0 acres), located abutting the north margin of Old Hickory Boulevard (12.02 acres total), all of which is described herein (Proposal No. 2003Z-139U-12).

BILL NO. BL2003-77

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 existing undeveloped Planned Unit Development abutting the north margin of Old Hickory Boulevard at Franklin Pike Circle (14.42 acres), classified OR40 and proposed CL, to permit the development of a 159,717 square foot retail center, 8,000 square foot office and a 5,400 square foot restaurant, approved for a 450,000 square foot six story office building and a 15,000 square foot restaurant, all of which is more particularly described herein, (Proposal No. 94P-009U-12).

The bills were disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Toler offered Amendment No. 1 to Bill No. 2003-77 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council, with Mr. Foster abstaining. Ms. Hausser offered Amendment No. 2 to Bill No. 2003-77 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council, with Mr. Foster abstaining. Mr. Adkins offered petitions in opposition to both bills. After discussion Mr. Isabel called for the previous question, which motion was seconded and adopted by a voice vote of the Council. Mr. Toler moved to pass the bills on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Briley, Gilmore, Isabel, Hughes, Craddock, Murray, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Whitmore, Crafton, Whitson, Shulman, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Tygard (30); “Noes” Tucker, Dread, Jameson, Cole, Walls, Summers, Adkins, Williams (8); “Abstaining” Foster.

BILL NO. BL2003-86

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 district to RM2 district part of property located at 3005 Fernbrook Lane, located abutting the south margin of Fernbrook Lane (26.8 acres), all of which is described herein (Proposal No. 2003Z-137U-14). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Loring moved to defer the bill on third reading, the bill being requested by Dale & Associates, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2003-111

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 RM6 district property located at Franklin Limestone Road (unnumbered), located abutting the south margin of Franklin Limestone and Mullins Road (40.18 acres), all of which is described herein (Proposal No. 2003Z-135U-13). The bill was approved by the Planning Commission and the Planning, Zoning and Historical Committee. Mr. Kerstetter, at the request of the sponsor, moved to defer the bill on third reading, the bill being requested by MEC Inc., which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-123

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing alley #1059 and an unnumbered alley that runs between North Avondale Circle and Avondale Circle (Proposal No. 2003M-109U-03). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Isabel moved to defer the bill on third reading while additional questions are being resolved, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-126

An ordinance approving the disposition of a certain parcel of surplus property by the Director of Public Property held by The Metropolitan Government of Nashville and Davidson County (Proposal No. 2004M-007U-10). The bill was approved by the Planning Commission, Budget and Finance and Planning, Zoning and Historical Committees. Mr. Summers moved defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-143

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 RS5 district to CS district property located at 1219, 1221, 1225 and 1231 Bessie Avenue on the south margin of Weakley Avenue (0.87 acres), all of which is described herein (Proposal No. 2003Z-145U-03). The bill was disapproved by the Planning Commission; the Planning, Zoning and Historical Committee recommended deferment. Mr. Isabel moved to defer the bill indefinitely and re-refer it to the Planning Commission, the bill being requested by R. C. Calligan, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2004-175

An ordinance amending Title 16 of the Metropolitan Code of Laws by amending Sections 16.12.220, 16.16.400, 16.20.250, 16.24.650, 16.28.110 and 16.28.120 relating to fee schedules for building permits, gas/mechanical permits, plumbing permits and electrical permits as well as fees relating to inspections, re-inspections, and examination of plans as well as administrative fees and other fees charged by the Department of Codes Administration. The bill was approved by the Budget and Finance and Codes, Fair and Farmers Market Committees. Ms. Gilmore moved to pass the bill on third reading, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

BILL NO. BL2004-176

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 portion of 50th Avenue North between Tennessee Avenue and Kentucky Avenue, approximately 322 feet in length (Proposal No. 2003M-065U-07). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Walls moved to pass the bill on third reading, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

BILL NO. BL2004-177

An ordinance amending Chapter 12.68 of the Metropolitan Code of Laws to prohibit the use of mobile telephones while operating a moving bus or van transporting children. The bill was approved by the Public Safety-Beer and Regulated Beverages Committee. Mr. Isabel moved to pass the bill on on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Hughes, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, Loring, Wallace, Walls, Whitmore, Crafton, Shulman, Adkins, Foster, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (30); “Noes” Hart, McClendon (2); “Abstaining” Greer, Hausser, Whitson, Summers, Wilhoite (5).

BILL NO. BL2004-180

An ordinance amending the Metropolitan Employee Benefit System to provide a limited, one-time early retirement incentive to employees of the Metropolitan Government who otherwise qualify for retirement as of June 30, 2004. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees with two amendments. Mr. Kerstetter moved to pass the bill on third reading, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

BILL NO. BL2004-181

An ordinance approving the Memorandum of Agreement between the Davidson County Community Service Agency and The Metropolitan Government of Nashville and Davidson County for funding of the administration of the Caring for Children Program and Amendment One thereto. The bill was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to pass the bill on third reading, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

BILL NO. BL2004-182

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 December 2, 2003. The bill was approved by the Rules-Confirmations-Public Elections Committee. Ms. McClendon moved to pass the bill on third reading, 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, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.