Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, June 21, 2005


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

The invocation was offered by Rabbi Ken Kanter of Congregation Micah.

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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (38); Absent: Brown, Hausser (2).

The Minutes of the adjourned meeting of June 14, 2005, were approved.

- ELECTIONS AND CONFIRMATIONS -

Plumbing Examiners and Appeals Board
Reappointment of Mr. Brian Tibbs for a term expiring March 10, 2009. At the request of the Committee, the nomination was deferred.

Public Library Board
Reappointment of Ms. Linde Wilson for a term expiring April 6, 2012. At the request of the Committee, the nomination was deferred.

Social Services Commission
Reappointment of Ms. Luvenia Butler for a term expiring April 3, 2010. At the request of the Committee, the nomination was deferred.

Reappointment of Ms. Dot Dobbins for a term expiring April 3, 2010. At the request of the Committee, the nomination was deferred.

- BILL ON PUBLIC HEARING -

BILL NO. BL2005-663

A bill to be entitled: The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2006. The bill was approved by the Budget and Finance Committee. Ms. Neighbors requested a hearing from the public on this bill which had been previously advertised. The President asked if anyone desired to be heard for or against the bill, and citizens were heard in favor of and in opposition to passage of the bill. The President declared the public hearing closed. Ms. Neighbors moved to pass the bill on second reading, and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Gilmore, Murray, Jameson, Cole, Forkum, Ryman, Loring, McClendon, Greer, Walls, Whitmore, Shulman, Adkins, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams (24); "Noes" Hart (1); "Abstaining" Isabel, Craddock, Gotto, Burch, White, Wallace, Crafton, Whitson, Summers, Foster, Kerstetter, Tygard (12).

Ms. Neighbors moved that, at the time of adjournment, the meeting be adjourned to 7:00 p.m. on Tuesday, June 28, 2005, for consideration of Ordinance No. BL2005-663 on third and final reading, all other budget and tax related legislative matters, and such other legislative matters that the Vice Mayor deems appropriate. The motion was seconded and adopted by a voice vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2005-847

A resolution establishing the certified tax rate in the General Services District and declaring the amount of the certified rate for the Urban Services District, pursuant to the provision of Tennessee Code Annotated § 67-5-1701, et seq. The Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-849

A resolution appropriating to certain accounts for the benefit of the Fire, Legal, and Transportation Licensing Departments, Emergency Communications Center, administrative accounts for Corporate Dues/Contributions and Domestic Violence Intervention, and the Metro Nashville Public Schools in the amount of Six Million, Eight Hundred Forty-Nine Thousand, Four Hundred and Three Dollars ($6,849,403) from designated and undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources. Ms. Neighbors offered a substitute resolution and moved that it be accepted for filing, which motion was seconded and adopted without objection.

SUBSTITUTE RESOLUTION NO. RS2005-849

A resolution appropriating to certain accounts for the benefit of the Fire, Legal, and Transportation Licensing Departments, Emergency Communications Center, Administrative accounts for Corporate Dues/Contributions and Domestic Violence Intervention, and the Metro Nashville Public Schools in the amount of Six Million, Eight Hundred Forty-Nine Thousand, Four Hundred and Three Dollars ($6,849,403) from designated and undesignated fund balances of the General Fund of the General Services District, increased revenue sources, and from other sources. The resolution was approved by the Education and Public Safety-Beer and Regulated Beverages Committees; the Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-872

A resolution adopting new pay plans for employees of The Metropolitan Government of Nashville and Davidson County effective July 1, 2005, July 1, 2006, and July 1, 2007, excluding employees of the Board of Health, Board of Education, and the Police and Fire Departments, and setting the salary for the Metropolitan Mayor, Metropolitan Vice-Mayor, Public Defender, the Metropolitan County Council, and elected members of the Metropolitan Board of Public Education. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee; the Budget and Finance Committee recommended deferment. Ms. Neighbors moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-873

A resolution adopting new pay plans for employees of the Metropolitan Departments of Fire and Police effective July 1, 2005, July 1, 2006, and July 1, 2007. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee; the Budget and Finance Committee recommended deferment. Mr. Briley moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-874

A resolution adopting new pay plans for employees of the Metropolitan Board of Health, pursuant to Sections 12.09 and 12.10 of the Metropolitan Charter, effective July 1, 2005, July 1, 2006, and July 1, 2007. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee; the Budget and Finance Committee recommended deferment. Mr. Briley moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-875

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. Dozier moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-876

A resolution approving a contract with Factory Mutual Insurance Co. (FM Global) for purchase of insurance services. 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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-877

A resolution approving an amendment to a contract with the Nashville Downtown Partnership. The resolution was approved by the Traffic and Parking Commission, Budget and Finance and Traffic and Parking Committees. Mr. Jameson moved to adopt the resolution, which motion was seconded. Ms. Williams moved to defer the resolution, which motion was seconded. Mr. White moved to table the motion to defer, which motion was seconded and failed by a roll call vote of the Council. The matter recurred on the motion to defer, which motion failed by a roll call 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-878

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for a childhood lead poisoning prevention program. 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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-879

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for breast and cervical cancer screenings. 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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-880

A resolution accepting a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for health promotion, rape prevention, tobacco prevention, and community development programs.
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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-881

A resolution approving an application for a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for floodplain home buyouts and relocation assistance. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Toler 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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-882

A resolution approving an amendment to a grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County for the Project Safe Neighborhoods program. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Ryman 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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-883

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 library services to disadvantaged persons. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Ms. Wilhoite 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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-884

A resolution approving an agreement with the City of Oak Hill for the distribution of streets and roads funds for the fiscal year 2004/2005. The resolution was approved by the Budget and Finance and Public Works Committees. 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-885

A resolution approving the Department of Water and Sewerage Services surcharge rate for ammonia. The resolution was approved by the Budget and Finance and Public Works Committees. Mr. Shulman 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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

RESOLUTION NO. RS2005-886

A resolution approving and authorizing the Metropolitan Mayor to enter into Supplemental Agreement No. 500,002 with Nashville and Eastern Railroad Corporation, allowing the Department of Water and Sewerage Services to increase the rental fee paid for the water line at M.P. 1.88, Nashville, Tennessee. 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, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

- BILLS ON INTRODUCTION AND FIRST READING -

BILL NO. BL2005-667

An ordinance naming the criminal courts building on Second Avenue North, adjacent to the Ben West Building, as the "Justice A. A. Birch Building". Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages; Rules-Confirmations-Public Elections; and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-705

An ordinance naming the complex consisting of the Ben West Building and the new Criminal Courts Building on Second Avenue North, adjacent to the Ben West Building, jointly as the "Justice A. A. Birch Complex". Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages; Rules-Confirmations-Public Elections; and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-706

An ordinance amending Chapter 13.26 of the Metropolitan Code of Laws establishing the process and procedure for naming public structures and spaces of The Metropolitan Government of Nashville and Davidson County. Upon motion duly seconded, the bill passed first reading and was referred to the Public Safety-Beer and Regulated Beverages; Rules-Confirmations-Public Elections; and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-707

An ordinance amending Section 2.40.130 of the Metropolitan Code of Laws pertaining to defense counsel for employees.
Upon motion duly seconded, the bill passed first reading and was referred to the Personnel-Public Information-Human Relations-Housing Committee by a voice vote of the Council.

BILL NO. BL2005-708

An ordinance authorizing the Metropolitan Government to participate with Richard Argo to provide public sewer service in Davidson County to 6260-6268 Nolensville Road , Project No. 03-SC-216. 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. BL2005-709

An ordinance approving the disposition of a certain parcel of surplus property by the Director of Public Property listed as Williamson County Tax Map 56L, Group "D", Parcel 1. Upon motion duly seconded, the bill passed first reading and was referred to the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-710

An ordinance to amend the Geographical Information Systems Map for The Metropolitan Government of Nashville and Davidson County, by naming the three private drives in Nashboro Village, Tract 18, Nashboro Greens, Nashboro Greens Court and Nashboro Greens Way (Proposal No. 2004M-110U-13). The bill was approved by the Planning Commission and Emergency Communications District Board. Upon motion duly seconded, the bill passed first reading and was referred to the Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-711

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Reischa Drive, between Donna Kay Drive and the dead end, to "Providence Park Lane" (Proposal No. 2005M-052U-12). The bill was approved by the Planning Commission. The bill was referred to the Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees by a voice vote of the Council.

BILL NO. BL2005-712

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.12.020C Mixed Use and Nonresidential Districts to modify impervious surface ratio and building height standards within selected mixed-use and adopted Redevelopment Districts and by amending Section 17.24.190 to modify buffer yard standards along public alleys (2005Z-105T). 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. BL2005-713

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.060 to prohibit the acceptance of a zoning application if the Metropolitan Government has a lien on the property or if the property owner is delinquent in the payment of property taxes (Proposal No. 2005Z-107T). Ms. Wilhoite offered a substitute bill and moved that it be accepted for filing and no objection was made.

SUBSTITUTE BILL NO. BL2005-713

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending section 17.40.060 to prohibit the acceptance of a zoning application if the Metropolitan Government has a lien on the property or if the property owner is delinquent in the payment of property taxes (Proposal No. 2005Z-107T). 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. BL2005-714

An ordinance adopting property identification maps for The Metropolitan Government of Nashville and Davidson County, which shall be the official maps for the identification of real estate for tax assessment purposes. Upon motion duly seconded, the bill passed first reading and was referred to the Planning, Zoning and Historical Committee by a voice vote of the Council.

BILL NO. BL2005-715

An ordinance approving an agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives regarding participation in the National Integrated Ballistic Information Network. 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.

- BILLS ON SECOND READING -

BILL NO. BL2004-183

An ordinance amending Section 13.24.130 of the Metropolitan Code of Laws requiring the Board of Parks and Recreation to designate an area of Elmington Park as a "dog friendly zone." The bill was approved by the Parks, Library, Recreation and Public Entertainment Facility Committee. Mr. Shulman moved to defer the bill to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-636

An ordinance amending Section 10.20.300 of the Metropolitan Code of Laws regarding dumpster-type containers located within three hundred feet of a residential structure, all of which is more particularly described herein. The bill was approved by the Public Works Committee. Mr. Shulman moved to defer the bill to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-664

An ordinance establishing the tax levy in the General Services District for the fiscal year 2005-2006, and declaring the amount required for the annual operating budget of the Urban Services District, pursuant to section 6.07 of the Metropolitan Charter. The bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the bill on second reading and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Briley, Dread, Murray, Jameson, Cole, Forkum, Ryman, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Shulman, Adkins, Toler, Coleman, Bradley (20); "Noes" (0); "Abstaining" Tucker, Gilmore, Isabel, Craddock, Gotto, Whitson, Summers, Foster, Wilhoite, Williams, Tygard (11).

BILL NO. BL2005-665

An ordinance amending Ordinance No. 65-464, as amended by Ordinance No. 68-525, as amended by Ordinance No. 080-294, relating to the levy of a local option sales and use tax by the Metropolitan Government in accordance with the provisions of Tennessee Code Annotated, Sections 67-6-701 through 67-6-716. The bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the bill on second reading and re-refer it to the Budget and Finance Committee, which motion was seconded and adopted by the following roll call vote: "Ayes" Dozier, Neighbors, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (34); "Noes" Wallace (1).

BILL NO. BL2005-666

An ordinance amending Sections 5.32.030 and 5.32.110 of the Metropolitan Code of Laws to increase the amount of the annual commercial vehicle regulatory license and the motor vehicle regulatory license. Ms. Neighbors The bill was approved by the Budget and Finance Committee. The bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the bill on second reading and re-refer it to the Budget and Finance Committee which motion was seconded and adopted by the following roll call vote: "Ayes" Dozier, Neighbors, Dread, Jameson, Cole, Hart, Forkum, Ryman, Burch, White, Loring, McClendon, Walls, Whitmore, Shulman, Alexander, Wilhoite, Kerstetter, Toler, Bradley, Williams, Tygard (22); "Noes" Tucker, Gotto, Wallace (3); "Abstaining" Briley, Gilmore, Craddock, Murray, Greer, Crafton, Whitson, Summers, Adkins, Foster, Coleman (11).

BILL NO. BL2005-668

An ordinance amending Section 16.04.200 of the Metropolitan Code of Laws regarding permissible materials used in the construction of fences and other regulations pertaining to fences. The bill was approved by the Codes, Fair and Farmers Market Committee with an amendment. Ms. McClendon moved to defer the bill to the second meeting in July while an amendment is being drafted, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-669

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 04-SG-0202, Shelby Avenue (Proposal No.2005M-038U-05). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Jameson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-670

An ordinance authorizing the acceptance of certain easements for stormwater projects of the Metropolitan Department of Water and Sewerage Services. The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Greer moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-671

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring an easement for use in public projects of the Metropolitan Government, initially with relation to Project Number 04-SG-172, Nashville Jewish Community Center (Proposal No. 2005M-012U-07). The bill was approved by the Planning Commission, Budget and Finance, Public Works and Planning, Zoning and Historical Committees. Mr. Whitson moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-672

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 March 1, 2005. The bill was approved by the Rules-Confirmations-Public Elections Committee. Mr. Coleman moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

President Pro Tempore Dozier assumed the chair at this time.

- BILLS ON THIRD READING -

BILL NO. BL2004-431

An ordinance amending Title 17 of the Metropolitan Code, zoning regulations, by amending Section 17.40.120 to require that district councilmembers be notified by the planning commission in writing of all requests for modification to planned unit developments prior to the approval of such modifications (Proposal No. 2004Z-023T). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Greer moved to defer the bill to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-521

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by renaming a portion of Longhunter Court to "Nashboro Greens" (Proposal No. 2004M-110U-13). The bill was approved by the Planning Commission, Emergency Communications District Board, Public Works, Traffic and Parking and Planning, Zoning and Historical Committees. Ms. Wilhoite moved
to defer the bill to the second meeting in July, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2005-585

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to enter a lease agreement with Two Rivers Corporate Centre, L.P. (Proposal 2005M-069U-14). The bill was approved by the Planning Commission, Budget and Finance, Education and Planning, Zoning and Historical Committees. Mr. Loring moved to defer the bill to the second meeting in July while additional questions are addressed, which motion was seconded and adopted by a voice vote of the Council

BILL NO. BL2005-596

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 No. 530: from Jefferson St north to I-40 right-of-way (Proposal No. 2005M-070U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works and Planning, Zoning and Historical Committees; the Traffic and Parking Committee recommended deferment. Mr. Wallace moved to defer the bill indefinitely, inasmuch as the requisite signatures have not been filed, which motion was seconded and adopted by a voice vote of the Council.

SUBSTITUTE BILL NO. BL2005-597

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 No. 216: from Phillips Street southward to Alley No. 574 (Proposal No. 2005M-071U-08). The bill was approved by the Planning Commission, Traffic and Parking Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Wallace moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (30); "Noes" (0); "Abstaining" Hart, Greer, Whitmore (3).

BILL NO. BL2005-617

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 R20 to RS10 district property located at 4109 Lealand Lane, (1.65 acres), approximately 550 feet north of Outer Drive, all of which is described herein (Proposal No. 2005Z-045U-10). The bill was disapproved by the Planning Commission and approved by the Planning, Zoning and Historical Committee. Mr. Shulman moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Dread, Gilmore, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Walls, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams, Tygard (31); "Noes" (0); "Abstaining" Isabel, Hart, Greer, Whitmore, Kerstetter (5).

BILL NO. BL2005-630

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to define animal hospitals and allow animal hospitals in certain zoning districts (Proposal No. 2005Z-051T). The bill was approved by the Planning Commission and Planning, Zoning and Historical 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

BILL NO. BL2005-633

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Table 17.32.130D regarding the maximum size of on-premises signs oriented to a controlled access highway, all of which is more specifically described herein (Proposal No. 2005Z-056T). 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, Briley, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Forkum, Ryman, Gotto, Burch, White, Loring, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman Bradley, Tygard (29); "Noes" (0); "Abstaining" Neighbors, Cole, Hart, Greer, Summers, Williams (6).

BILL NO. BL2005-654

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 (2005M-102U). The bill was approved by the Planning Commission, Public Works and Planning, Zoning and Historical Committees. Mr. Shulman 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, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Greer, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (37); "Noes" (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2005-863

A resolution requesting the Mayor's Office to conduct an anonymous employee satisfaction survey for Metropolitan Action Commission employees. The resolution was approved by the Personnel-Public Information-Human Relations-Housing Committee. Ms. Murray moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Tucker, Briley, Gilmore, Isabel, Murray, Jameson, Ryman, Burch, Loring, Greer, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Coleman, Bradley, Williams, Tygard (25); "Noes" (0).

RESOLUTION NO. RS2005-866

A resolution requesting the Metropolitan Civil Service Commission to cease approving bonuses for Metropolitan Government employees. The Budget and Finance Committee recommended deferment. Mr. Ryman moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-867

A resolution requesting the Metropolitan Board of Parks and Recreation to name the proposed park plaza in front of the Metropolitan Courthouse in honor of Richard H. Fulton. The resolution was approved by the Parks, Library, Recreation and Entertainment Facility Committee. Mr. Ryman moved to adopt the resolution, which motion was seconded and adopted by the following vote: Ayes" Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams, Tygard (29); "Noes" (0).

RESOLUTION NO. RS2005-868

A resolution requesting the Metropolitan Police Department to implement the "How's My Driving?" program for teens. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Ms. Wilhoite moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2005-870

A resolution requesting the Director of Finance and the Metropolitan Employee Benefit Board to study the feasibility of requiring all Metropolitan Government employees to utilize Nashville General Hospital at Meharry for non-emergency medical services. The resolution was approved by the Health, Hospitals and Social Services Committee; the Personnel-Public Information-Human Relations-Housing Committee recommended deferment. Mr. Isabel moved to suspend the rules to override the committee recommendation for deferment. Objection was made by Mr. Briley, and the rules were not suspended. Pursuant to Rule No. 28 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred.

RESOLUTION NO. RS2005-887

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to offer parents of teenage drivers the option of signing up for the "How's My Driving?" program for teens at the time an intermediate driver license is obtained. The resolution was approved by the Public Safety-Beer and Regulated Beverages Committee. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: Ayes" Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Forkum, Ryman, Gotto, Burch, White, Loring, Wallace, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Coleman, Williams, Tygard (27); "Noes" (0).

RESOLUTION NO. RS2005-888

A resolution requesting the Mayor and the Metropolitan Board of Parks and Recreation to reserve two sites at the proposed park plaza in front of the Metropolitan Courthouse for a future fire and police memorial. Pursuant to Rule No. 8 of the Rules of Procedure of the Metropolitan Council, the resolution was deferred.

RESOLUTION NO. RS2005-889

A resolution requesting the Solid Waste Region Board of The Metropolitan Government of Nashville and Davidson County to recommend approval of the Newsom Pointe land reclamation project to the Tennessee Department of Environment and Conservation, Division of Solid Waste. The resolution was approved by the Public Works Committee. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); "Noes" (0).

RESOLUTION NO. RS2005-890

A resolution proclaiming June 14, 2005, as Flag Day. The resolution was approved by the Rules-Confirmations-Public Elections Committee- Ms. Gilmore moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Neighbors, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Wallace, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (29); "Noes" (0).

Upon motion duly seconded, the meeting was adjourned to June 28, 2005, at 7:00 p.m.