Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, June 28, 2005


The Metropolitan Council met in adjourned session on this date at 8:15 p.m. in Metro City Hall.

The invocation was offered by Councilmember Buck Dozier.

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, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard and President Gentry (40); Absent: (0).

The Minutes of the regular meeting of June 21, 2005, were approved.

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. Without objection, 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. RS2005-847

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 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); "Noes" (0).

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 Budget and Finance, Education 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, Forkum, Ryman, Brown, Burch, McClendon, Hausser, Wallace, Walls, Whitmore, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Bradley, Williams (29): "Noes" Gotto, White, Loring, Whitson, Summers, Kerstetter, Tygard (7); "Abstaining" Hart, Greer, Crafton (3).

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. The bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Dread, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, White, Loring, McClendon, Hausser, Whitmore, Whitson, Shulman, Adkins, Foster, Alexander, Wilhoite, Toler, Coleman, Williams (26); "Noes" Tucker, Briley, Gotto, Burch, Greer, Wallace, Walls, Summers, Kerstetter, Tygard (10); "Abstaining" Hart, Crafton, Bradley (3).

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. Ms. Neighbors offered a substitute bill and moved that it be accepted for filing, which motion was seconded.

Mr. Coleman moved to adjourn the meeting to June 30, 2005 at 7:00 pm for further consideration of the bill, which motion was seconded and failed by the following vote: "Ayes" Gilmore, Isabel, Brown, Hausser, Wallace, Walls, Summers, Wilhoite, Coleman (9); "Noes" Dozier, Neighbors, Tucker, Briley, Dread, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, Burch, White, Loring, McClendon, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Kerstetter, Toler, Bradley, Williams, Tygard (29); "Abstaining" Greer (1).

After discussion Mr. Wallace moved to table the motion to accept the substitute budget, which motion was seconded and failed by the following vote: "Ayes" Dread, Craddock, Gotto, Burch, White, Loring, Wallace, Crafton, Whitson, Summers, Foster, Alexander, Kerstetter, Tygard (14); "Noes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Murray, Jameson, Cole, Hart, Forkum, Ryman, Brown, McClendon, Hausser, Walls, Whitmore, Shulman, Adkins, Wilhoite, Toler, Coleman, Bradley, Williams (24); "Abstaining" Greer (1).

After discussion, the matter recurred on the motion to accept a substitute bill for filing, which motion was adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Murray, Jameson, Cole, Forkum, Ryman, Brown, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Shulman, Adkins, Toler, Coleman, Bradley, Williams (24); "Noes" Dread, Craddock, Hart, Gotto, Burch, Loring, Crafton, Whitson, Foster, Alexander, Kerstetter, Tygard (12); "Abstaining" White, Summers, Wilhoite (3).

SUBSTITUTE 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 substitute bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the substitute bill on third reading, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Murray, Jameson, Cole, Forkum, Ryman, Brown, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Wilhoite, Toler, Coleman, Bradley, Williams (26); "Noes" Gotto, Burch, White, Crafton, Whitson, Foster, Alexander, Kerstetter, Tygard (9); "Abstaining" Dread, Craddock, Hart (3).

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. Ms. Neighbors a substitute bill and moved that it be accepted for filing, which motion was seconded and adopted without objection

SUBSTITUTE 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 substitute bill was approved by the Budget and Finance Committee. Ms. Neighbors moved to pass the substitute bill on third reading, which motion was seconded and adopted by the following vote: Ayes" Dozier, Neighbors, Briley, Gilmore, Isabel, Murray, Jameson, Cole, Forkum, Ryman, Brown, White, Loring, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Wilhoite, Toler, Coleman, Bradley, Williams (26); "Noes" Tucker, Craddock, Hart, Gotto, Burch, Crafton, Whitson, Foster, Alexander, Kerstetter, Tygard (11); "Abstaining" Dread (1).

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 Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); "Noes" (0).

RESOLUTION NO. 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 Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); "Noes" (0).

RESOLUTION NO. 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 Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); "Noes" (0).

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 third reading, which motion was seconded.

Ms. Gilmore moved to defer the bill, which motion was seconded. Mr. Briley moved to table the motion to defer, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, Burch, McClendon, Greer, Hausser, Walls, Whitmore, Crafton, Whitson, Adkins, Foster, Alexander, Bradley, Williams (25); "Noes" Gilmore, Isabel, Hart, Gotto, White, Loring, Wallace, Summers, Shulman, Wilhoite, Kerstetter, Toler, Coleman, Tygard (14).

The matter recurred on the motion to pass on third reading, which motion was adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Dread, Craddock, Murray, Jameson, Cole, Forkum, Ryman, Brown, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Shulman, Adkins, Foster, Alexander, Kerstetter, Coleman, Bradley, Williams (30); "Noes" Hart, Gotto, Burch, Summers, Toler, Tygard (6); "Abstaining" Gilmore, Isabel, Wilhoite (3).

Mr. Wallace moved for re-consideration of the motion, which motion received four seconding motions as required by Rule No. 34 of the Rules of Procedure of the Metropolitan 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 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, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); "Noes" (0).

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 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, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); "Noes" (0).

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 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, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); "Noes" (0).

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 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, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Whitson, Summers, Shulman, Adkins, Foster, Alexander, Wilhoite, Kerstetter, Toler, Coleman, Bradley, Williams, Tygard (39); "Noes" (0).

Upon motion duly seconded, the meeting was adjourned.