Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, October 19, 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 Edward Whitmore.

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

The Minutes of the meeting of October 5, 2004, were approved.

The roll was called and the following members were present during the progress of the meeting: Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (38); Absent: Hughes, McClendon, Hausser (3).

Mr. Tygard moved that consideration of the following proposed amendment to Rule No. 47 be deferred, which motion was seconded and adopted without objection:

By adding the following sentence to the end of the first paragraph:

No persons, except Members of Council, Pages, or employees of the Council Office may be present on the floor of the legislative area or may sit at any desk of any Member of Council during any meeting of the Council or of any committee meeting held in the legislative area. All administrative staff persons of Metropolitan Government shall only be permitted to sit at the tables provided at the front of the Chambers during any Council or committee meeting.

Ms. Gilmore moved that consideration of the following proposed amendment to Rule No. 1 be deferred, which motion was seconded and adopted without objection:

By deleting the word “non-binding” wherein it appears in Rule 1.

- ELECTIONS AND CONFIRMATIONS -

Agricultural Extenstion Board
Appointment of Ms. Charlene Hockett for a term expiring August 1, 2007. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Airport Authority
Appointment of Mr. Frank Garrison for a term expiring June 4, 2006, filling the unexpired term of Judge Gilbert Merritt.
At the request of the appointee, the confirmation was deferred.

Property Standards and Appeals Board
Appointment of Mr. Lee Molette for a term expiring July 29, 2008. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a voice vote of the Council with Mr. Bradley “abstaining.”

Stormwater Management Committee
Appointment of Mr. Walter Davidson for a term expiring October 31, 2005, filling the unexpired term of Ms. B.J. Osborne. The Rules-Confirmations-Public Elections Committee recommended the appointment and Mr. Coleman moved for confirmation, which motion was seconded and adopted by a unanimous vote of the Council.

Health and Educational Facilities Board
The President called for nominations to fill two six-year terms expiring September 30, 2010, on the Health and Educational Facilities Board of The Metropolitan Government of Nashville and Davidson County. Mr. Briley nominated Mr. George McReynolds and Mr. Shulman nominated Mr. Stephen Meyer. Nominations ceased and the candidates were referred to the Rules-Confirmations-Public Elections Committee for a recommendation. An election will be conducted at the next regular meeting of the Council to fill the vacancies.

- MOTION TO RECONSIDER -

BILL NO. BL2004-351

An ordinance amending Chapter 6.72 of the Metropolitan Code of Laws to provide for a taxicab passenger’s Bill of Rights. Upon motion previously made and duly seconded, the vote to reconsider BL2004-351 was taken and failed by the following vote: “Ayes” (0); “Noes” Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (33); “Abstaining” Dread, Greer (2).

- RESOLUTIONS -

RESOLUTION NO. RS2004-528

A resolution initiating the rezoning of 17.34 acres from RS7.5 to RS20, property located west of Dickerson Pike and along the north side of Pine Ridge Drive, for the purpose of waiving the zoning application fee. The resolution was approved by the Planning, Zoning and Historical Committee. Mr. Isabel moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-539

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. At the request of the sponsor, Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-540

A resolution appropriating $40,000 from the General Fund of the General Services District and approving a grant to the African American History Foundation of Nashville, Inc. to provide partial funding for its program services. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); “Noes” (0).

RESOLUTION NO. RS2004-541

A resolution appropriating $26,000 from the Contingency Account of the General Fund of the General Services District to Ujima House, Inc. to provide partial funding for its program services. The resolution was approved by the Budget and Finance Committee. Ms. Gilmore moved to adopt the resolution, 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 adopt, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Williams, Tygard (35); “Noes” (0).

RESOLUTION NO. RS2004-542

A resolution accepting a grant from the State of Tennessee Department of State to The Metropolitan Government of Nashville and Davidson County for the benefit of the Nashville Public Library to provide access to and circulation of library materials. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-543

A resolution approving an application for the recycling rebate grant from the State of Tennessee to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-544

A resolution approving agreements with Hudgins Disposal, Inc., Red River Service Corporation, and Waste Industries of Tennessee, LLC for municipal solid waste collection services. The resolution was approved by the Public Works Committee and by the Budget and Finance Committee with an amendment. Mr. Shulman offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Shulman moved to adopt the resolution as amended, which motion was seconded. Mr. Briley moved to defer the resolution, 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 seconded and failed by a roll call vote of the Council. Mr. Greer 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 as amended, which motion was adopted by the following vote: “Ayes” Neighbors, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Bradley, Williams, Tygard (31); “Noes” Dozier, Tucker, Briley, Greer, Coleman (5).

RESOLUTION NO. RS2004-545

A resolution appropriating the amount of $150,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of Finance of The Metropolitan Government of Nashville and Davidson County.
The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-546

A resolution appropriating the amount of $5,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Davidson County Juvenile Court of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-547

A resolution appropriating the amount of $349,600 from the General Fund Reserve Fund for the purchase of equipment and for building repairs for the Metropolitan Department of Parks and Recreation of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-548

A resolution appropriating the amount of $148,000 from the General Fund Reserve Fund for the purchase of equipment and for building repairs for the Metropolitan Police Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-549

A resolution appropriating the amount of $100,000 from the General Fund Reserve Fund for the purchase of equipment and for building repairs for the Metropolitan Public Library of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-550

A resolution appropriating the amount of $477,500 from the General Fund Reserve Fund for the purchase of equipment and for building repairs for the Department of Public Works of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Public Works Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-551

A resolution appropriating the amount of $4,800 from the General Fund Reserve Fund for the purchase of equipment and for building repairs for the Davidson County Clerk of The Metropolitan Government of Nashville and Davidson County.
The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-552

A resolution appropriating the amount of $12,500 from the General Fund Reserve Fund for the purchase of equipment and for building repairs for the Davidson County Criminal Court Clerk of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-553

A resolution appropriating the amount of $28,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Health Department of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-554

A resolution appropriating the amount of $26,800 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Davidson County Trustee of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-555

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Malik King against The Metropolitan Government of Nashville and Davidson County for the amount of $8,000.00 and directing that this amount be paid from the Self-Insured Liability Fund. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-556

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claims of Henry Langford, Jr. and Yvonne Langford against The Metropolitan Government of Nashville and Davidson County for the amount of $22,000, and directing that this amount be paid from the Self Insured Liability Account. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-557

A resolution accepting $6,749.92 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s claim against William Bradford for medical expenses and lost wages. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-558

A resolution accepting $7,543.85 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against Deanna C. Dunn. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-559

A resolution accepting $33,663.68 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against Tow Pro Towing and Recovery. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-560

A resolution accepting $5,034.19 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County’s property damage claim against Allen Warren. The resolution was approved by the Budget and Finance Committee. Ms. Neighbors moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2004-413

An ordinance establishing a program for the purpose of providing assistance to low-income elderly residents of the Metropolitan Government for the fiscal year 2004-2005. 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. BL2004-414

An ordinance amending Chapters 4.08 and 4.12 of the Metropolitan Code of Laws to prevent businesses performing auditing or consultant services for the Metropolitan Government from bidding on contracts involving the implementation of such recommendations for a period of five years. 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. BL2004-415

An ordinance abandoning an 8” sewer line and a 20’ Public Utility Drainage Easement, that is shown on Map 41-08, Parcels 50 and 51, Map 41-12, Parcels 3 and 4, of Project 04-SG-146, Bellshire Walgreen’s, and authorizing the execution of the documents to carry out the abandonment (Proposal No. 2004M-039G-02). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-416

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring easements for use in public projects of the Metropolitan Government, initially with relation to Project Number 02-DL-0226, Larkspur Drive (Proposal No. 2004M-063U-05). The bill was approved by the Planning Commission. Upon motion duly seconded, the bill passed first reading and was referred to the Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2004-417

An ordinance authorizing the Metropolitan Government to participate with M2H Group to improve the public water service in the area of 807 18th Avenue North in Davidson County, by Metro Project No. 05-WG-4C. Pursuant to Rule No. 8 of Rules of Procedure of the Metropolitan Council, the bill was deferred.

- BILLS ON SECOND READING -

BILL NO. BL2004-345

An ordinance amending Chapter 16.04 of the Metropolitan Code of Laws to require the front entrances of single-familyhomes to face a public or private street. The Codes, Fair and Farmers Market Committee recommended indefinite deferment. Ms. Murray moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-370

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, specifically with relation to the construction of a new Head Start Center in the Nolensville Road area for the use and benefit of the Metropolitan Action Commission (Proposal No. 2004M-090U-12). The bill was approved by the Planning Commission, Budget and Finance, Health, Hospitals and Social Services, and Planning, Zoning and Historical Committees. Mr. Foster moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-379

An ordinance authorizing the abandonment of the existing sanitary sewer line easement for Project No. 03-SG-193 located on Map 72-02, Parcel 147.01 (Proposal No. 2003M-128U-05). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Hart moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-380

An ordinance authorizing the acquisition of property by negotiation or condemnation for the Simpkins Street Sidewalk Improvements Project, including curb and gutter, grass strip, sidewalk and associated improvements, from 1700 Simpkins Street to 1728 Simpkins Street, including 2116 and 2120 24th Avenue North. Project No. 04-R-07 (Proposal No. 2004M-106U-08). The bill was approved by the Planning Commission, Budget and Finance, Public Works, and Planning, Zoning and Historical Committees. Mr. Isabel moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-381

An ordinance authorizing the Director of the Department of Water and Sewerage Services to enter into agreements with the State of Tennessee to certify the Department’s authority to approve water and wastewater engineering construction plans, and authorizing a fee schedule for the Department of Water and Sewerage Services to charge for review of such plans. The bill was approved by the Budget and Finance and Pubic Works Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-382

An ordinance granting the Public Works Department the power and duty to manage and administer the Metropolitan Government’s participation in the Tennessee Fast Track Industrial Development Program (“FIDP”) and grants related thereto. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Shulman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-383

An ordinance approving and authorizing the Metropolitan Mayor to execute a contract in lieu of performance bond with the Tennessee Department of Environment and Conservation regarding the Due West Dump Site. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Craddock moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

Without objection Bill Nos. BL2004-160 and BL2004-161 were considered together.

BILL NO. BL2004-160

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS7.5 to RM6 (25.86 acres) and MUL (1.61 acres) districts properties at Chadfield Way (unnumbered), Una Antioch Pike (unnumbered), and Bowfield Drive (unnumbered), (27.47 acres), all of which is described herein (Proposal No. 2004Z-010U-13). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee.

BILL NO. BL2004-161

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by making applicable to property abutting the north margin of Una-Antioch Pike, opposite Hickory Hollow Parkway, (27.4 acres), classified RS7.5 and proposed for RM6 and MUL, the provisions of a Planned Unit Development District, to permit the development of 139 townhomes, 16 single-family lots, and 14,000 square feet of commercial uses (Proposal No. 2004P-004U-13). The bill was approved by the Planning Commission. The Planning, Zoning and Historical Committee recommend deferment.

Mr. Alexander moved to defer the bills indefinitely, the bills being requested by CPS Land, LLC and Civil Site Design Group, respectively, on third reading until a traffic study is filed, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2004-373

An ordinance amending Substitute Ordinance No. BL2004-245 by renumbering an incorrect section number. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Briley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); “Noes” (0).

BILL NO. BL2004-374

An ordinance amending Chapter 12.12 of the Metropolitan Code to require annual reporting on the implementation of the Metro Neighborhood Traffic Management Program. The bill was approved by the Public Safety-Beer and Regulated Beverages and Traffic and Parking Committees. Ms. Williams moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); “Noes” (0).

BILL NO. BL2004-375

An ordinance approving and authorizing the Metropolitan Mayor or his designee to execute a license agreement with the Motion Picture Licensing Corporation relating to the use of motion pictures and other licensed programs at Metropolitan Community Center facilities. The bill was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Whitmore moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); “Noes” (0).

BILL NO. BL2004-376

An ordinance authorizing the acceptance of a certain easement described in the plans for Morton Mill Road, Project No. 03-D-0499 (Proposal No. 2004M-051G-06). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); “Noes” (0).

BILL NO. BL2004-377

An ordinance authorizing the acceptance of an easement described in the plans for Heritage Court Stormwater Project No. 03-D-0368 (Proposal No. 2004M-049G-04). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Craddock moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); “Noes” (0).

BILL NO. BL2004-378

An ordinance authorizing the Metropolitan Government to participate with Centex Homes to provide public sewer service at Lakeside Cove at Percy Priest Pumping Station, Project Nos. 04-SL-69 and 04-SL-69A. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Bradley moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); “Noes” (0).

Without objection the rules were suspended to call up Bill No. BL2004-293 for action on third reading.

BILL NO. BL2004-293

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 preliminary plan for a portion of the Planned Unit Development located abutting the west margin of Hibbitts Road and the terminus of Airwood Drive, (8.66 acres), to permit the development of 42 townhouse units, replacing the undeveloped 98 townhouse units, all of which is more particularly described herein, (Proposal No. 148-83-U-14). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Loring moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: “Ayes” Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (31); “Noes” Neighbors (1); “Abstaining” Dozier (1).

- MEMORIALIZING NON-BINDING RESOLUTIONS -

RESOLUTION NO. RS2004-517

A resolution requesting the Hospital Authority to submit a progress report to the Council every six months regarding the transfer of operation of the Knowles Home to the Hospital Authority. The resolution was approved by the Health, Hospitals and Social Services 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); “Noes” (0).

RESOLUTION NO. RS2004-561

A resolution requesting the Metropolitan Board of Public Education and the Director of Schools to consider providing incentives for parents to spend four hours a month at their child’s school. The resolution was approved by the Education Committee with an amendment. Mr. Isabel offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Isabel moved to adopt the resolution as amended, which motion was seconded and adopted by the following vote: “Ayes” Tucker, Dread, Gilmore, Isabel, Murray, Jameson, Hart, Forkum, Brown, Gotto, Burch, White, Loring, Whitmore, Summers, Shulman, Alexander, Wilhoite, Kerstetter, Toler, Coleman, (21); “Noes” Neighbors, Cole, Greer, Walls, Crafton, Whitson, Adkins, Foster, Bradley, Tygard (10); “Abstaining” Dozier, Craddock, Ryman, Williams (4).

RESOLUTION NO. RS2004-562

A resolution requesting an explanation from the Metropolitan Board of Public Education and the Director of Schools as to why so many Metro teachers send their children to private schools. The Education Committee recommended indefinite deferment. Mr. Isabel moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2004-563

A resolution requesting the Tennessee Department of Transportation to require that all concrete road construction barricades be equipped with metallic reflective barrier tape or other reflective device to protect the safety of motorists. The resolution was approved by the Public Works Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (36); “Noes” (0).

RESOLUTION NO. RS2004-564

A resolution requesting the Tennessee Department of Transportation to install reflective concrete barriers in the median along Ellington Parkway. The resolution was approved by the Public Works Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded and adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); “Noes” (0).

RESOLUTION NO. RS2004-565

A resolution declaring the need for greater funding for homeless healthcare and supportive services by the United States government; the need for collaboration between the Veterans Administration and community organizations; the need for affordable housing development and community development; and the need for job training and technical assistance to aid in the transitioning of homeless veterans. The Health, Hospitals and Social Services Committee recommended deferment. At the request of the sponsor, Mr. Tygard moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

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

RESOLUTION NO. RS2004-566

A resolution requesting the Metropolitan Social Services Commission to delay further implementation of the Maximus audit recommendations for the Social Services Department until July 2006. The resolution was approved by the Health, Hospitals and Social Services Committee. Ms. Tucker moved to adopt the resolution, which motion was seconded. Petitions were filed in favor of the resolution. Ms. Murray called for the previous question, which motion was seconded and adopted by a voice vote of the Council. The matter recurred on the motion to adopt, which motion was adopted by the following vote: “Ayes” Dozier, Neighbors, Tucker, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (35); “Noes” (0).

Upon motion duly seconded, the meeting was adjourned.