Metro Seal

Minutes


Metropolitan Council Meeting
Tuesday, June 20, 2006


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 Eric Crafton.

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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard and President Gentry (36); Absent: Alexander (1).

The Minutes of the adjourned meeting of June 13, 2006, were approved.

- COMMITTEE REPORTS ON MATTERS OTHER THAN LEGISLATION -

The Rules-Confirmation-Public Elections Committee recommended that the following proposed amendments to the Rules of Procedure of the Metropolitan Council be deferred:

Rule Nos. 22 and 25:

1. Rule 22 of the 2004-2007 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) shall be and the same is hereby amended by adding the following new paragraph:

"All resolutions accepting donations on behalf of departments, boards, and commissions of the Metropolitan Government shall be automatically deferred one meeting upon being introduced."

2. Rule 25 of the 2004-2007 Rules of Procedure of the Council of the Metropolitan Government of Nashville and Davidson County (as amended) shall be and the same is hereby amended by deleting the last three sentences of the Rule and substituting in lieu thereof the following new sentences:

"Announcements, extraordinary matters, and the presentation of memorializing and congratulatory resolutions shall be held forty-five (45) minutes prior to all regularly scheduled Council meetings. The president pro tempore or his/her designee shall preside over such matters. No presentation of memorializing or congratulatory resolutions shall be conducted during a regularly scheduled meeting of the Council."

Mr. Wallace moved that the proposed amendment to Rule No. 22 be heard at this time and that the Council act as a Committee of the Whole. Objection was heard and the matter was deferred.

- BILL ON PUBLIC HEARING -

BILL NO. BL2006-1090

The Budget Ordinance of The Metropolitan Government of Nashville and Davidson County, Tennessee for Fiscal Year 2007. The bill was approved by the Budget and Finance Committee. Ms. McClendon 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. McClendon moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

- RESOLUTIONS -

RESOLUTION NO. RS2006-1328

A resolution appropriating to certain accounts for the benefit of the Metropolitan Public Health, Transportation Licensing Commission, and District Attorney in the amount of Two Million, One Hundred Ninety-Four Thousand, Five Hundred Dollars ($2,194,500) 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 Health, Hospitals and Social Services and Public Safety-Beer and Regulated Beverages Committees; the Budget Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1331

A resolution electing to sell the tax receivables of The Metropolitan Government of Nashville and Davidson County, Tennessee. The Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1332

A resolution adopting a fee schedule associated with the processing and review of certain zoning-related applications (Proposal Number 2006Z-094T). The resolution was approved by the Planning Commission and Planning, Zoning and Historical Committee; the Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1333

A resolution providing additional compensation to the Davidson County Circuit Court Clerk and the Davidson County Criminal Court Clerk in an amount equal to ten percent (10%) of their base compensation, pursuant to T.C.A. § 8-24-102(j)(2). The Budget and Finance Committee recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1353

A resolution approving an Amended Final Agreement with the United States Department of Justice. The resolution was approved by the Budget and Finance Committee. Ms. McClendon 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1354

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for emergency management assistance. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. McClendon 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1355

A resolution accepting a grant from the Tennessee Emergency Management Agency to The Metropolitan Government of Nashville and Davidson County for the buffer zone protection program. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Dozier 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1356

A resolution approving an application for a grant from the U.S. Department of Homeland Security to The Metropolitan Government of Nashville and Davidson County to enhance delivery of advanced life support. The Budget and Finance and Public Safety-Beer and Regulated Beverages Committees recommended deferment. Ms. McClendon moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1357

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 a gang resistance education and training program. The resolution was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Mr. Dozier 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1358

A resolution accepting an Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance; Education; Parks, Library, Recreation and Entertainment Facility; and Public Safety-Beer and Regulated Beverages Committees. Mr. Dozier 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1359

A resolution approving an application for a grant from the Tennessee Commission on Children and Youth to The Metropolitan Government of Nashville and Davidson County for Juvenile Court employee training. The resolution was approved by the Budget and Finance Committee. Ms. McClendon 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1360

A resolution accepting a grant from the Tennessee Department of Agriculture to The Metropolitan Government of Nashville and Davidson County for the purposes of a farmer and producer area at the Farmer's Market. The resolution was approved by the Codes, Fair and Farmers Market Committee; the Budget and Finance Committee recommended deferment. Ms. Murray moved that the rules be suspended to override the committee recommendation for deferment, and no objection was made. Ms. Murray 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1361

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Center for Youth Issues to provide community prevention intervention services for children in the East region of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1362

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Center for Youth Issues to provide community prevention intervention services for children in the North region of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1363

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Center for Youth Issues to provide community prevention intervention services for children in the South region of Davidson County. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1364

A resolution approving a grant agreement by and between the Metropolitan Board of Health and New Vision Inc., for New Vision to provide community prevention intervention services for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1365

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Oasis Center, for Oasis Center to provide community prevention intervention services based in School District 5 for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1366

A resolution approving a grant agreement by and between the Metropolitan Board of Health and Oasis Center, for Oasis Center to provide community prevention intervention services based in School District 8 for children. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1367

A resolution approving a grant, as amended, from the Tennessee Primary Care Association to The Metropolitan Government of Nashville and Davidson County, acting by and through the Board of Health, for the Health Disparities Collaborative and for hosting dental students from Meharry School of Dentistry. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1368

A resolution approving an amendment to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County, by and through the Board of Health, for alcohol and drug abuse services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1369

A resolution approving an amendment to a grant from the Tennessee Department of Health to The Metropolitan Government of Nashville and Davidson County for family planning services. The resolution was approved by the Budget and Finance and Health, Hospitals and Social Services Committees. Mr. Walls moved to adopt the resolution, which motion was seconded. Mr. Gotto moved to defer the resolution indefinitely, which motion was seconded. Mr. Adkins moved to table the motion to defer, which motion was seconded and adopted by a roll call vote. The matter recurred on the motion to adopt, which motion was adopted by the following vote: "Ayes" Neighbors, Briley, Dread, Murray, Jameson, Cole, Hart, McClendon, Hausser, Wallace, Walls, Whitmore, Summers, Shulman, Adkins, Foster, Toler, Coleman, Williams (19); "Noes" Dozier, Tucker, Gilmore, Craddock, Forkum, Ryman, Brown, Gotto, Burch, White, Loring, Crafton, Wilhoite, Tygard (14); "Abstaining" Isabel (1).

RESOLUTION NO. RS2006-1370

A resolution accepting a grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, by and through the Board of Parks and Recreation, for the purposes of a summer enrichment program. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Forkum 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1371

A resolution accepting a grant from the Metropolitan Development and Housing Agency to The Metropolitan Government of Nashville and Davidson County, by and through the Board of Parks and Recreation, for the purposes of an Outdoor Environmental Education Program. The resolution was approved by the Budget and Finance and Parks, Library, Recreation and Entertainment Facility Committees. Mr. Forkum 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1372

A resolution approving an application for the Refugee Social Services Grant from the Tennessee Department of Human Services to The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing Committees. Mr. Walls 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1373

A resolution approving an amendment to a grant from the State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County, extending the term of the grant and providing for additional funding. The resolution was approved by the Budget and Finance Committee. Mr. Toler offered a substitute resolution and moved that it be accepted for filing, and no objection was made.

SUBSTITUTE RESOLUTION NO. RS2006-1373

A resolution approving an amendment to a grant from the State of Tennessee, Department of Environment and Conservation, to The Metropolitan Government of Nashville and Davidson County, extending the term of the grant and providing for additional funding. The substitute resolution was approved by the 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, Brown, Gotto, Burch, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1374

A resolution approving an amendment to a lease agreement by and between The Metropolitan Government of Nashville and Davidson County, acting through the Metropolitan Police Department and Signature Center, G.P. for the lease of office space for the Pass Program (2006M-076U-10). The resolution was approved by the Budget and Finance, Public Safety-Beer and Regulated Beverages and Planning, Zoning and Historical Committees. Mr. Wallace moved to moved to defer the resolution pending a recommendation from the Planning Commission, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1375

A resolution appropriating the amount of $25,000 from the General Fund Reserve Fund for the purchase of equipment and building repairs for the Department of General Services of The Metropolitan Government of Nashville and Davidson County. The resolution was approved by the Budget and Finance Committee. Mr. Tygard 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1376

A resolution authorizing the Metropolitan Department of Law to accept $10,328.23 in compromise and settlement of The Metropolitan Government of Nashville and Davidson County's property damage claim against Sean Hayes. The resolution was approved by the Budget and Finance Committees. Ms. McClendon 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1377

A resolution authorizing the Metropolitan Department of Law to compromise and settle the claim of Assegepech Zeluel against the Metropolitan Government for the amount of $6,933.17. The resolution was approved by the Budget and Finance Committees. Ms. McClendon 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

Without objection, the rules were suspended to accept two (2) late resolutions.

RESOLUTION NO. RS2006-1382

A resolution accepting a grant in the amount of $1,710,000 from the State of Tennessee to the Metropolitan Government of Nashville and Davidson County for the provision of certified voting systems. The resolution was approved by the Budget and Finance Committee. Ms. McClendon 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, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (35); "Noes" (0).

RESOLUTION NO. RS2006-1383

A resolution repealing Resolution No. RS2005-1084, and appropriating $50,000 from the Contingency Account of the General Fund of the General Services District to Nashville Area Habitat for Humanity, Inc. to provide partial funding for its program services. Mr. Tygard moved to suspend the rules to allow the Council to act as a Committee of the Whole, and no objection was made. Mr. Tygard moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Dread, Isabel, Craddock, Hart, Ryman, Brown, Gotto, Burch, White, Loring, Greer, Hausser, Wallace, Crafton, Summers, Shulman, Adkins, Foster, Toler, Tygard (21); "Noes" Tucker, Briley, Gilmore, Murray, Jameson, Forkum, Walls, Coleman, Williams (9); "Abstaining" Neighbors, Cole, McClendon, Whitmore, Wilhoite (5).

- BILL ON INTRODUCTION AND FIRST READING -

BILL NO. BL2006-1119

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring a sanitary sewer easement for use in public projects of the Metropolitan Government, initially with relation to a 3 inch Force Main for Project No. 91-SC-20F3, Lakeshore Drive at Old Hickory Lake (Proposal No. 2005M-149G-14). The bill was approved by 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.

- BILLS ON SECOND READING -

BILL NO. BL2006-998

An ordinance amending Chapter 13.08 and Chapter 13.16 of the Metropolitan Code of Laws to prohibit any temporary or permanent encroachment into the public right-of-way without first obtaining a permit from the Metropolitan Government. The Public Works Committee recommended deferment. Mr. Wallace moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1062

An ordinance amending the ability of taxicab drivers to discharge passengers in the farthest right lane of traffic when the curb is blocked by parked vehicles. The bill was approved by the Public Safety-Beer and Regulated Beverages and Transportation and Aviation Committees. Mr. Dozier moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1063

An ordinance granting the authority to the Metropolitan Transportation Licensing Commission to authorize taxicabs to charge a temporary fuel surcharge. The bill was approved by the Public Safety-Beer and Regulated Beverages and Transportation and Aviation Committees. Mr. Dozier offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Dozier moved to pass the bill on second reading as amended, which motion was seconded and adopted by a roll call vote of the Council.

BILL NO. BL2006-1066

An ordinance amending Section 16.04.090 of the Metropolitan Code of Laws to require property owners to obtain permit bonds for certain residential building construction and repairs. The Codes, Fair and Farmers Market Committee recommended deferment. Ms. McClendon moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

President Pro Tempore Ryman assumed the chair at this time.

BILL NO. BL2006-1068

An ordinance amending Section 16.24.330 of the Metropolitan Code of Laws to limit the duration portable storage units may be on residential property. The Codes, Fair and Farmers Market Committee recommended indefinite deferment. Mr. Isabel moved to defer the bill indefinitely, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1069

An ordinance amending Section 16.28.040 of the Metropolitan Code of Laws to prohibit the issuance of a building permit if the applicant or property owner has been found guilty within the past twelve months of violating a stop work order issued by the Department of Codes Administration or violating T.C.A. § 7-51-1201. The bill was approved by the Codes, Fair and Farmers Market Committee. Mr. Crafton moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1079

An ordinance declaring surplus and approving the disposition of a certain parcel of property, known as the Municipal Garage, by the Director of Public Property (Proposal No. 2006M-067U-09). The bill was approved by the Planning Commission, Budget and Finance, Traffic and Parking and Planning, Zoning and Historical Committees. Mr. Wallace offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Wallace moved to pass the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1091

An ordinance establishing the tax levy in the General Services District for the fiscal year 2006-2007, 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. McClendon moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1092

An ordinance approving increases in traffic school fees and probation supervision fees. The bill was approved by the Budget and Finance Committee. Ms. McClendon moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1093

An ordinance to amend Ordinance No. BL2001-777 by partially repealing the waiver of fees for processing credit or debit card payments when collecting funds on behalf of the Metropolitan Government. The bill was approved by the Budget and Finance Committee. Ms. McClendon moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1094

An ordinance increasing the Police Department Impound Lot (tow-in lot) storage fees, and amending Sections 6.80.550 and 12.72.040 of the Metropolitan Code of Laws. The bill was approved by the Budget and Finance and Public Safety-Beer and Regulated Beverages Committees. Ms. McClendon moved to pass the bill on second reading and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a roll call vote of the Council.

BILL NO. BL2006-1095

An ordinance amending Title 15 of the Metropolitan Code of Laws by repealing Section 15.32.040 relating to the rate charged for water furnished to one customer through multiple meters; by adding a new Section 15.20.045 imposing a water system capacity charge in the amount of $1000 per single family equivalent connection; by amending Section 15.36.040 to change the existing sewer system capacity charge from $500 to $2000 per single family equivalent connection; and by amending Section 15.48.090 to permit quarterly meter reading. The bill was approved by the Budget and Finance Committee; the Public Works Committee approved the bill with an amendment. Ms. Neighbors offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Ms. McClendon moved to pass the bill on second reading as amended and re-refer the bill to the Budget and Finance Committee, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1096

An ordinance amending Chapter 3.08 of the Metropolitan Code of Laws to require the Metropolitan Benefit Board to provide an annual report to the Council regarding the Metropolitan Government pension system. The bill was approved by the Personnel-Public Information-Human Relations-Housing Committee. Mr. Briley moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1097

An ordinance amending Article I of Chapter 6.20 of the Metropolitan Code of Laws to require that apprentice electricians doing business within the area of the Metropolitan Government be licensed, to add additional provisions regarding apprenticeship programs, and to add penalty provisions and additional grounds for violations. The Codes, Fair and Farmers Market Committee recommended deferment. Mr. Coleman moved to defer the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1098

An ordinance amending Section 7.08.040 of the Metropolitan Code of Laws to prohibit persons convicted of driving under the influence (DUI) from obtaining a permit for the sale, distribution, manufacturing or storage of beer from the Metropolitan Beer Permit Board. The Public Safety-Beer and Regulated Beverages recommended deferment with an amendment. Mr. Jameson offered Amendment No. 1 and moved for its adoption, which motion was seconded and adopted by a voice vote of the Council. Mr. Jameson moved to defer the bill on second reading as amended, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1099

An ordinance approving an agreement between the Metropolitan Government and the State of Tennessee, Department of Finance and Administration, relating to the installation of certain safety equipment for the District Energy System. The bill was approved by the Budget and Finance Committee. Ms. McClendon moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

President Gentry resumed the chair at this time.

BILL NO. BL2006-1100

An ordinance authorizing the Metropolitan Government to participate with The Jones Company, to provide public sewer service in Williamson County to Nolen Park Subdivision Project No. 05-SL-56. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1101

An ordinance authorizing the Metropolitan Government to participate with Burkitt Place Development LLC, to provide public sewer service in Davidson and Williamson County to Burkitt Place Phase 1-A, Section 1, Project No. 05-SL-114A. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1102

An ordinance authorizing the Metropolitan Government to participate with Centex Homes to provide public sewer service in Davidson County to Villas of Concord Place, Phase 5, Project No. 05-SL-47D. The bill was approved by the Budget and Finance and Public Works Committees. Mr. Toler moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1103

An ordinance to amend the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by changing the name of 20th Avenue North between Charlotte Avenue and the dead end north of Warner Street to "Spruce Street" (Proposal No 2006M-068U-08). The bill was referred to the Emergency Communication District Board. The bill was approved by the Planning Commission, Public Works, Traffic and Parking, and Planning, Zoning and Historical Committees. Mr. Whitmore moved to pass the bill on second reading, which motion was seconded and adopted by a voice vote of the Council.

- BILLS ON THIRD READING -

BILL NO. BL2006-1013

An ordinance amending Chapter 4.12 of the Metropolitan Code of Laws to require that certain procurement contracts be approved by Resolution of the Metropolitan Council. The bill was approved by the Budget and Finance Committee. Mr. Tygard moved to pass the bill on third reading, which motion was seconded and failed by the following vote: "Ayes" Dozier, Dread, Craddock, Hart, Gotto, White, Wallace, Whitmore, Crafton, Summers, Shulman, Foster, Wilhoite, Coleman, Tygard (15); "Noes" Briley, Isabel, Murray, Cole, Forkum, Ryman, Brown, Loring, Walls (9); "Abstaining" Neighbors, Tucker, Gilmore, Jameson, Hausser, Adkins (6).

BILL NO. BL2006-1028

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 the provisions of a Planned Unit Development district located at 212 25th Avenue North, to permit an existing 125,000 square foot office/restaurant building an exemption, from the minimum distance requirement included in the beer provisions of the Metro Code (1.22 acres), all of which is described herein (Proposal No. 2006P-003U-10). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Documents were filed for the record. Mr. Whitmore 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, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (33); "Noes" (0).

BILL NO. BL2006-1046

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County relative to the bulk standards and scenic landscape easements applicable to the AG, AR2a, R80, RS80, R40, and RS40 zoning districts in order to provide for significant protection of unique natural, cultural, and historical resources and adding applicable definitions (Proposal No 2006Z-014T). The bill was approved by the Planning Commission and Planning, Zoning and Historical Committee. Mr. Briley moved to defer the bill on third reading, which motion was seconded and adopted by a voice vote of the Council.

BILL NO. BL2006-1054

An ordinance amending Section 3.28.010 and Section 3.29.010 of the Metropolitan Code of Laws, changing the definition of disability. The bill was approved by the Budget and Finance and Personnel-Public Information-Human Relations-Housing 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, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (33); "Noes" (0).

- MEMORIALIZING RESOLUTIONS -

RESOLUTION NO. RS2006-1320

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and support legislation that would allow local governments to assess senior citizen housing developments at twenty-five percent of its value. The Budget and Finance Committee recommended deferment. Mr. Crafton moved to suspend the rules to allow the Council to act as a Committee of the Whole, and no objection was made. Mr. Crafton moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, White, Loring, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Tygard (29); "Noes" (0).

RESOLUTION NO. RS2006-1341

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to require sellers of residential real property to disclose hazardous and environmental concerns about the area surrounding the property as part of the Residential Property Disclosure Statement. The Public Works Committee recommended deferment. Ms. Gilmore moved to defer the resolution indefinitely, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1345

A resolution requesting the Metropolitan Traffic and Parking Commission to reduce speed limits in front of residential retirement facilities, assisted living facilities and nursing homes on a case-by-case basis. The resolution was approved by the Traffic and Parking Committee. Mr. Shulman moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).

RESOLUTION NO. RS2006-1347

A resolution requesting Senate Majority Leader Bill Frist, Senator Lamar Alexander, and the Davidson County Congressional Delegation to introduce and enact the necessary legislation to provide for supervision of mentally ill persons released from prison who are residing in group homes to ensure they receive adequate medical care. The resolution was approved by the Health, Hospitals and Social Services Committee. Mr. Isabel moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, White, Loring, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (31); "Noes" (0).

RESOLUTION NO. RS2006-1348

A resolution requesting the Nashville Convention and Visitors Bureau and the Greater Nashville Hotel and Lodging Association to take the action necessary to waive parking fees during the summer months to attract regional travelers to Nashville. The resolution was approved by the Convention and Tourism Committee; the Traffic and Parking Committee recommended deferment. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1350

A resolution requesting the Metropolitan Traffic and Parking Commission to provide free parking in all Metro-owned lots and garages if persons park 30 minutes or less. The Traffic and Parking Commission recommended deferment. Mr. Wallace moved to suspend the rules to allow the Council to act as a Committee of the Whole. Objection was made by Mr. Isabel and the resolution was deferred.

RESOLUTION NO. RS2006-1378

A resolution requesting the Metropolitan Police Department, the Department of Public Works and the Finance Department, Division of Purchasing, to prepare and execute a Request for Proposals for the use and service of a Red Light Camera Enforcement System. The resolution was approved by the Budget and Finance, Public Safety-Beer and Regulated Beverages and Public Works Committees. Mr. Dozier moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (32); "Noes" (0).

RESOLUTION NO. RS2006-1379

A resolution requesting the Nashville Fire Department to have an EMT present at all regular meetings of the Metropolitan Council. The Public Safety-Beer and Regulated Beverages Committee recommended deferment. Mr. Isabel moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1380

A resolution requesting the Metropolitan Board of Public Education to include a program to help children educate their parents about safe driving as part of the school curriculum. The Education Committee recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

RESOLUTION NO. RS2006-1381

A resolution requesting the Department of General Services, Office of Fleet Management, to implement a policy prohibiting Metropolitan Government departments from purchasing gasoline for Metro vehicles from Exxon/Mobil, Royal Dutch Shell, Chevron/Texaco or BP. The Budget and Finance Committee recommended deferment. Mr. Wallace moved to defer the resolution, which motion was seconded and adopted by a voice vote of the Council.

Without objection, the rules were suspended to accept one (1) additional late resolution.

RESOLUTION NO. RS2006-1384

A resolution recognizing Mr. Homer R. Wheaton on the occasion of his retirement from Tennessee State University. Ms. Wilhoite moved to suspend the rules to allow the Council to act as a Committee of the Whole, and no objection was made. Ms. Wilhoite moved to adopt the resolution, which motion was seconded and adopted by the following vote: "Ayes" Dozier, Neighbors, Tucker, Briley, Gilmore, Isabel, Craddock, Murray, Jameson, Cole, Hart, Forkum, Ryman, Gotto, White, Loring, McClendon, Greer, Hausser, Wallace, Walls, Whitmore, Crafton, Summers, Shulman, Adkins, Foster, Wilhoite, Toler, Coleman, Williams, Tygard (32); "Noes" (0).