How members of the Council voted on the Transgender Day of Remembrance

by Rod Williams - On November 5th the Metro Council passed a resolution recognizing November 20, 2019 as Transgender Day of Remembrance in Nashville. It honors those gender confused people who lost their lives to violence. While any unnecessary loss of life is unfortunate, only about 28 transgender people met an untimely death due to violence last year. It is unclear how many of those experiencing gender dysphoria who met a violent death were killed because someone hated them for their condition and how many may have died due to living a dangerous lifestyle that put them at risk or were killed by a jealous lover or were simply victims of crime unrelated to their perverse lifestyle. In any event the loss of life is unfortunate. However, if I had a vote I would  have voted against the resolution, or at a minimum I would abstained from voting on the resolution.

My objection is that we should not be pandering to the advocates of identity politics and that while any unnecessary loss of life is regrettable, there are many other groups of people at least, if not more, deserving of a day of remembrance. I express this view in this essay:How about a day of remembrance for American military killed in action? For policemen killed in action? For firemen? For babies killed by abortionist? For Americans killed by illegal aliens? For ....

It is a victory that this resolution was not passed "on consent."  Resolutions on consent are lumped together and pass by a single vote.  Everyone present is assumed to have voted for the resolutions.  That is how so many ridiculous pandering progressive resolutions have passed the Council. Steve Glover is to be commended for moving to have this taken off of consent.

It should be pointed out that the resolution really does nothing. It changes no policy nor spends any money and amounts to nothing more that those who voted in favor of it recognizing that date for that purpose. It does not make the day an official Metro holiday. Below is how members of the Council voted and following that is the text of the resolution.  I have underlined the names of those who voted "yes" in whom I am disappointing. These are people who I supported in the recent election. The other "yes" votes did not disappoint me, because I did not expect any better.

Voting  Yes (34): Mendes, Hurt, Allen, Suara, Johnathan Hall, Toombs, Gamble, Parker, Withers, Benedict, VanReece, Hancock, Young, Evans, Bradford, Rhoten, Syracuse, Welsch, Sledge, Cash, O'Connell, Roberts, Taylor, Hausser, Thom Druffel, Murphy, Robert Nash, Vercher, Porterfield, Sepulveda, Rutherford, Lee, Angie Henderson, and Rosenberg;  

Voting No (0);

Voting "Abstain" (2): Steve Glover, and Larry Hagar.

Gone Fishing:  The number of votes cast comes to 36. Voting "abstain" is actually pushing the "abstain" button.  No one was absent for the full meeting, so four members either came in late, left early, took a bathroom break, set on their hands, or went fishing. The four Gone Fishing members are (3): Robert Swope, Russ Pulley, Courtney Johnson and Joy Stles. 

Resolution RS2019-87 

A Resolution recognizing November 20, 2019 as Transgender Day of Remembrance in Nashville and Davidson County, Tennessee.

WHEREAS, Transgender Day of Remembrance (TDOR) is an annual observance on November 20 that honors the memory of transgender people around the world whose lives have been lost to anti-transgender violence; and

WHEREAS, Transgender Day of Remembrance was established in 1999 by transgender advocate Gwendolyn Ann Smith in remembrance of Rita Hester, a transgender woman who was killed in 1998 in Allston, Massachusetts; and

WHEREAS, Transgender Day of Remembrance has been observed in over 185 cities throughout more than 20 countries; and

WHEREAS, the annual event provides a forum for transgender communities and allies to raise awareness of the threat of violence faced by gender variant people and the persistence of prejudice felt by the transgender community; and

WHEREAS, many communities organize events and activities to create and promote visibility of anti-transgender violence to stakeholders such as police, the media, and elected officials; and

WHEREAS, the Metropolitan Council recognizes that transgender members of our society are disproportionately affected by hate crimes and violence, and experience myriad challenges in their daily lives, including discrimination, disproportionately high levels of unemployment, and limited access to health care; and

WHEREAS, according to the Human Rights Campaign, in 2018, advocates tracked at least 26 deaths of transgender or gender non-conforming people in the United States due to fatal violence, the majority of whom were black transgender women; and

WHEREAS, fatal violence disproportionately affects transgender women of color, who comprise 80% of all anti-transgender homicides; and

WHEREAS, at least 21 transgender or gender non-conforming people have been fatally shot or killed by other violent means in 2019; and

WHEREAS, only four out of ten Americans say they personally know someone who is transgender, and at least 74% of the known victims of anti-transgender violence in 2017-2018 were misgendered in initial police or media reports surrounding their deaths; and

WHEREAS, despite the challenges faced by the transgender community, by observing the Transgender Day of Remembrance, we recognize, admire, and celebrate the growing awareness and acceptance of transgender people in Nashville and across the nation. Local organizations committed to these efforts include the Tennessee Transgender Political Coalition, the Tennessee Vals, and the Metro Human Relations Commission; and

WHEREAS, on Transgender Day of Remembrance we honor and commemorate the strength, commitment, and remarkably immense efforts of those working to secure full and equal civil rights for all people, regardless of gender identity or expression.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan Council hereby goes on record as recognizing November 20, 2019 as Transgender Day of Remembrance.

Section 2. The Metropolitan Council is directed to prepare a copy of this Resolution to be presented to the Tennessee Transgender Political Coalition, the Tennessee Vals, and the Metro Human Resources Commission.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s): Zachary Young, Nancy VanReece, Russ Bradford, Emily Benedict, Kevin Rhoten, Colby Sledge, Dave Rosenberg, Jeff Syracuse, Bob Mendes, Sean Parker, Kyonzté Toombs, Delishia Porterfield, Freddie O'Connell

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How did Council members vote in honoring gay "Coming Out Day?"

by Rod Williams - On October the 15th the Metro Council passed the resolution below recognizing October 2019 as LGBT History Month in Nashville and Davidson County and October 11, 2019 as National Coming Out Day. The resolution was not discussed.

Here is how the Council voted:  "Having been unanimously approved by all of the appropriate Committees, Council Member Rosenberg moved to adopt the Consent Agenda Resolutions, which motion was seconded and approved by the following vote: Yes (36): Mendes, Hurt, Allen, Suara, Hall, Toombs, Gamble, Withers, Benedict, VanReece, Hancock, Young, Larry Hagar, Evans, Bradford, Syracuse, Welsch, Sledge, Cash, O'Connell, Roberts, Taylor, Hausser,Thom Druffel, Murphy, Pulley, Courtney Johnston, Robert Nash, Vercher, Porterfield, Sepulveda, Rutherford, Styles, Lee, Angie Henderson and Rosenberg; No (0); Abstain (0)."

You will note that no one voted "no" or "abstain" when voting on this measure and this was not a machine roll call vote. However only 36 members voted in favor. So who did not vote for it?  Of the 40 member Council, none were absent. So, four people did not vote. To not have themselves not recording as in favor, they may have been out of the room on a bathroom break or they may have been present for part of the meeting but not for this vote. Looking at who is not listed as voting "yes" and comparing it to the list of Council members, these are the ones who failed to vote:

• Steve Glover, Councilman at-large
• Robert Swope, District 4
• Sean Parker, District 5
• Keven Rhoten, District 14

I commend these four council members. I have highlighted in the above list some council member who disappointed me by their vote in favor of this resolution.  Below is the text of the resolution.

 Resolution RS2019-49

A resolution recognizing October 2019 as LGBT History Month in Nashville and Davidson County and October 11, 2019 as National Coming Out Day.

WHEREAS, the month of October is recognized as LGBT History Month in the United States; a month-long observance of lesbian, gay, bisexual, and transgender history, as well as the history of the gay rights and related civil rights movements; and

WHEREAS, the Council also recognizes October 11, 2019 as National Coming Out Day. October 11 was selected as National Coming Out Day to mark the Second March on Washington for Lesbian and Gay Rights in 1987; and

WHEREAS, Nashville has a special connection to national LGBT history through Penny Campbell. Penny Campbell was an LGBT activist who co-organized the Tennessee delegation to the Second National March on Washington for Lesbian and Gay Rights in 1987 and Nashville's Pride Parade in 1988. Later, she made history as lead plaintiff in Campbell vs. Sundquist (1996), which overturned a Tennessee state law criminalizing private, consensual sexual acts between same-sex adults; and

WHEREAS, in 2017, the Metro Nashville Historical Commission placed a historical marker at Penny Campbell’s former home at 1615 McEwen Avenue in the Lockeland Springs neighborhood, and concurrently made history by being the first publicly sanctioned historical marker in the state of Tennessee to commemorate the LGBTQ rights movement; and

WHEREAS, the Gay, Lesbian and Straight Education Network (GLSEN) has worked tirelessly to originate the movement to designate October as LGBT History Month. GLSEN was founded in 1990 by a group of dedicated teachers who recognized that improvements could be made in the education system to help LGBTQ students who are often subject to bullying and discrimination. To help these students, GLSEN takes steps to advocate for LGBTQ-inclusive curriculum to help all students better understand our world and our differences; and

WHEREAS, the first LGBT History Month was organized by GLSEN in October 1994 and this month will mark the 25th LGBT History Month. It is fitting and proper that the Metropolitan Council recognize October 2019 as LGBT History Month and October 11 as National Coming Out Day.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan Council hereby recognizes October 2019 as LGBT History Month in Nashville and Davidson County, and furthermore recognizes October 11, 2019 as National Coming Out Day.

Section 2. The Council Office is directed to prepare a signed copy of this Resolution to be delivered to the local chapter of the Gay, Lesbian and Straight Education Network (GLSEN) and the Metropolitan Human Relations Commission.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s):  Brett Withers, Nancy VanReece, Emily Benedict, Zachary Young, Russ Bradford, Sharon Hurt, Freddie O'Connell, Joy Styles, Angie Henderson, Burkley Allen.

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What happened at the Council meeting of 11/7/2017: Soccer deal approved, Civil forfeiture approved, and a citizens Police review board advances.

The big news of the night is the approval of RESOLUTION RS2017-910, the $225 million bond issue for the $275 million soccer deal. To see the discussion go to timestamp 1:30:37 in the video. The vote in the Budget and Finance Committee was 10 for and 3 against and two not voting. 

While the deal was tweaked to placate some opponents, the major issues remaining creating opposition was the weak guarantee that left Metro holding the bag if the team lost money or if the team owners should lose their franchise, and the give away of ten acres of fairground property to the team owners. John Cooper makes a good argument against the giveaway of the ten acres of fairground property to the developer and criticizes previous decision that allowed the fairgrounds to fall into a state of disrepair. He calls the ten acre giveaway a "gentrification scheme" that benefits the team owners. I encourage viewers to watch his remarks.

After more than an hour of discussion the resolution is approved by a vote of 31 to 6.  Those voting against the resolution were john Cooper, Steve Groper, Holly Houzo, Larry Hagar, Mina Johnson, and Dave Rosenberg.

For those really interested in the deal details you may want to read the actual resolution and see the staff analysis. Also, the discussion that took place in the Budget and Finance committee is insightful and you can view that meeting at this link.  For more on the deal and the opposition see this link. For media reporting on the Council's vote on this issue see the following:
      Channel 4, WSM:  Metro Council approves financing plan for soccer stadium
      The Tennessean: Soccer Stadium a go.

This is  long meeting at over three and half hours long.  In addition to the contentious soccer issue this is public hearing night.  The chamber is packed with spectators. To access the agenda, the agenda staff analysis and my commentary on the agenda follow this link. You will get more out of the meeting if you know what's going on. Following the prayer, pledge, an insignificant message from the mayor, two presentations, and noncontroversial confirmation of mayoral appointments to boards and commission, the consideration of legislation business starts at timestamp 20:19.

Pubic Hearing. There are two resolution and 27 bills on Public hearing. These are zoning bills or bills related to zoning policy. These really bore me and I watch these segment at double speed. Unless one lives in the vicinity of the proposed rezoning one will probably find this boring. I don't even try to form an opinion on each and every zoning issue.  None of the bills on this public hearing are particularly contentious and most had no one speak either in favor or opposition. None are bills are disapproved by the Planning Commission so we do not have to see slide shows and Planning Commission presentation. Below are the bills of interest.

BILL BL2017-903 would ban decorative "rope lighting" on any building, sign, or property with non-residential zoning located adjacent to an arterial or collector street except those in the downtown area. The sponsor tried to pass something similar back in August (BILL NO. BL2017-704) but that bill would have applied to residential property also. This bill is not as bad as that bill, but I still do not see the necessity of this and remain opposed. Rope lighting is that lighting that you have probably seen that outlines a tree or structure. It is often used as Christmas decorations but sometimes is used year-round. Why one would want to ban this I have no ideal. I like it. I oppose this bill. It is approved by the Planning Commission. No one speaks on it and it is approved.

BILL BL2017-929  is a bill to rezone property in Bordeaux area. I find this of interest not due to the merits of the bill but find it instructive of the way people think about "affordable housing."    This bill rezones some agricultural zoned property to a zoning that would allow the construction of up to 40 multi-family residential units. One person speaking on the bill, while saying she does not want to discriminate, makes it clear she does not want section 8 housing in the community.  This is not that uncommon. Many people in what is now affordable communities want their community to be upgraded with more expensive homes. They want their affordable community to not remain affordable.  Many Council members and other public advocates of affordable housing have this same attitude.  They oppose "concentration of poverty." We saw this same sentiment at play in a long drawn out fight to stop an affordable housing development in Antioch.

While I don't doubt that advocates of affordable housing actual want to see the development of affordable housing, they do not want it build were economics would have it be build. Councilman Bedne says this, saying "we need city-wide affordable housing ... all over the city, and not just take advantage of economical affordable land." 

Advocates of  "affordable housing" want it mixed in with more expensive housing and want to see the building of upscale housing in neighborhoods that now have affordable housing.  Of course this will result in those areas being "gentrified," and the destruction of much of the remaining affordable housing stock. When that happens advocates of affordable housing will bemoan "gentrification."  I think we would do more to advance the cause of affordable housing if we worked within the framework of market forces. Affordable housing advocates often support policies that are detrimental to affordable housing. To have a significant amounts of affordable housing in Nashville we need neighborhoods with affordable housing. To see the discussion of the bill see timestamp 57:20.

BILL BL2017-937 is another bills that would address home-sharing or short term rental. It would establish a STRP Advisory Committee and it would allow existing permit holders to renew definitely, apply percentage caps to Not Owner-Occupied units within certain census tracts, and apply distance restrictions of 1,320 feet between Not Owner-Occupied units, among other changes. The Council has been working on the issue of short term rental property for a long time, at least a year. A comprehensive short term rental ordinance is in the works and is to be presented to the Council in January. This bill is deferred to December 5th.

BILL BL2017-938  would exempt religious institutions from current sidewalk requirements, provided the religious institution is within the General Services District and does not abut an existing or planned sidewalk. Currently if a developer does an infill development even on a street without sidewalks they must build sidewalk even if there are no other sidewalks on the street. This can greatly increase the cost of development and can result in less affordable housing. In my view the whole requirement that developers build sidewalks should be scraped except in rare circumstance. This bill is deferred to the first meeting in January.

There are 27 resolutions all of which are initially on the consent agenda. A resolution stays on the consent agenda if it passes  unanimously the committees to which it was assigned. Resolutions which receive negative votes in committee are pulled off of consent. Also any councilman may have a resolution pulled off of consent. Those remaining on consent are lumped together and passed by a single vote. Resolutions on the consent agenda are usually not controversial and tend to be routine matters, such as accepting grants from the Federal or State Government, entering into inter agency agreements over mundane things, appropriating money from the 4% fund, settling lawsuits, or approving signs overhanging the sidewalk. Unlike a bill which requires three votes of the Council to pass, a resolution only requires one vote of the Council. there are several resolution on this agenda which would complete the purchase and removal of certain previously identified flood-damaged properties.Below are the resolutions of interest.

RESOLUTION RS2017-910  is the soccer stadium resolution addressed at the top of this page. It is not on "consent."

RESOLUTION RS2017-920  concerns civil forfeiture. That is a program that is sometimes called "policing for profit." It allows law enforcement to take someones property upon arrest without due process and then the person who had their property taken must fight to prove they were not guilty of a crime in order to have their property returned. Most often the person who had their property taken are low income and cannot afford the legal fees necessary to fight for the return of their property.

This resolution would approve two agreements between the United States Department of Justice (DOJ), Drug Enforcement Administration (DEA) and the Metro Nashville Police Department. These agreements would govern the participation of DEA Nashville District Office Task force participants in the United States Department of Justice Equitable Sharing Program. In my view civil forfeiture is an evil practice in which metro should not participate. Both liberal and conservative civil liberty advocates included the ACLU and organization such as The Institute for Justice oppose civil forfeiture. This resolution was not on "consent."  Dave Rosenberg speaks against it. Unfortunately it is approved by a vote of 16 to 15 with four abstentions. To view the discussion see timestamp 2:35:10.

RESOLUTION RS2017-951 would accept a grant of $50K from the State to be matched by $50K from Metro to print new, larger recycling cart stickers and tags to increase curbside recycling and participation in Nashville. Unless I am missing something, this seems like a waste of money. It passes on the consent agenda.

RESOLUTION RS2017-962  recognizing November 20, 2017 as Transgender Day of Remembrance. This is a memorializing resolution which means it simply expresses the will of the Council and has no force in law. It passes on a machine vote of 31 in favor, one opposed, two abstentions and six not voting. 

Bills on First reading: There are 35 bills on first reading. First reading is a formality that gets bills on the agenda and they are not considered by committee until after they pass first reading.  Normally bills on First Reading are all lumped together and pass by a single vote. It is rare that a bill on First Reading is voted on separately. 

Councilman Scott Davis has BILL BL2017-951 acted upon separately.  This is a bill that would create a Community Oversight Board responsible for providing citizen oversight of the Police Department. He moves to pass the bill and defer to the first meeting in January for consideration on Second reading and he ask for a public hearing on the bill. At the Vice Mayor's suggestion the request for a public hearing is taken out of the motion with an understanding that that will be decided at a later date. Normally the Council does not have hearing on any bills but zoning resolutions and budget resolutions. Davis says that his motion would allow the task force working on the bill time to produce a really good bill.Councilman Russ Pulley moves that the bill instead be deferred on First Reading two meetings. Davis passionately argues his position. See timestamp 3:19:05 for Davis' emotional speech. Davis prevails.
  
Bills on Second Reading. There are 9 bills on Second Reading. These are the ones of interest.

BILL BL2017-939 would add additional obstacles to adopting the mayor's proposed transit plan. The state enabling legislation allowing for transit improvement known as the IMPROVE Act, provides that a  transit improvement program be adopted by ordinance or resolution by majority vote of the local government’s legislative body. This bills specifies that such a plan must must be approved by ordinance rather than a resolution. A resolution only requires one vote of the Council; a ordinance requires three votes. This is a good bill. It passes on a voice vote.

BILL BL2017-941 would establish a a Commercial Permit Parking Program. The council would have to approve the geographic areas in which this applied. In those areas commercial vehicles could only park on the street if they had a permit to do so.  As we grow, parking become more of a problem with people parking on streets taking parking places that deny those spaces to those who have businesses or residence on the street a place to park. These seems reasonable. At the request of the sponsor it is deferred to the second reading in December.

Bills on Third Reading. There are 9 bills on third reading. Most of them are zoning bills that have been approved by the Planning Commission. None of them are very interesting.

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Mayor Barry vetoes the legislatiion celebrating the homosexual commuity and Gay Pride week.

Mayor Barry returned unsigned a resolution "celebrating the Lesbian, Gay, Bisexual and Transgender

Mayor Barry officiates a lesbian wedding

communities and their enormous contributions to the quality of life in Nashville and Davidson County." Returning a resolution unsigned is the same thing as vetoing, but our charter does not use the term "veto."   

The mayor has been an advocate of gay rights and has stellar liberal credentials so why she returned RESOLUTION NO. RS2017-744 unsigned, I do not know. In 2015 when the Supreme Court ruled that homosexuals had the right to marry, Barry issued a statement saying, “Words cannot express the joy I have for so many of my gay and lesbian friends and family who now have the freedom to marry whomever they love."  Mayor Barry also appointed a transgender "women" to an important position in Metro government and performed one of the first lesbian weddings in Tennessee following the Supreme Courts ruling legalizing homosexual marriage.

The charter states that when a resolution is returned unsigned that it may be accompanied by a message indicating the reason for the disapproval.  I do not find a posting of a disapproval message but have contacted the Metro Clerk seeking a copy of it if one was made.  I have also asked the mayor's office for an explanation for the mayor's disapproval. A mayor's disapproval of a bill or resolution can be overridden by  2/3rds vote of the Council. Here is what the Charter says about a Mayor's disapproval of legislation:

The mayor is authorized to approve or to disapprove ordinances and resolutions adopted by the council and no ordinance or resolution shall become effective without his approval except as herein provided. Every ordinance or resolution adopted by the council shall be presented to the mayor for his consideration. If he approves, he shall sign the same, and it shall become effective according to the terms thereof. If he disapproves, he shall return the same to the council without his signature, which return may be accompanied by a message indicating the reasons for his disapproval. Any resolution or ordinance so disapproved shall become effective when subsequent to its return it shall be adopted by two-thirds (2/3rds) of all the members to which the council is entitled, with the ayes and noes and the names of the councilmen voting for and against the same entered on the minutes. Every resolution or ordinance shall become effective unless the same be approved or disapproved by the mayor and returned to the council at or prior to the next regular meeting of the council occurring ten (10) days or more subsequent to the date when the same was delivered to his office for consideration.(Sec 5.04)

Below is a copy of RS2017-744  showing it was returned unsigned.

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(Update) What happened at the Council on June 6: Public hearing on the budget, celebrating homosexuality, protecting privacy.

This is a long meeting. Despite being a long meeting, it is a kind of boring meeting. If you are going to watch it, you may want to watch the public hearing on the budget in double speed. If you don't know how to do that, follow this link and learn. If you are going to watch the meeting, you need an agenda, staff analysis of the agenda and you may find my analysis and commentary on the agenda beneficial. You can these at this link.



All mayoral nominees to boards and commissions were approved by voice vote with no dissentious, including the appointed of a candidate to the Human Relations Commission.  This is the department of Metro Government that bullies people into bowing down to political correctness and that promotes normalizing homosexual activity among the youth of our city. I am disappointed that not a single council member takes an opportunity to cast an opposing vote against this useless entity of government.

Public Hearing on the Budget
The public hearing on the operating budget starts at timestamp 10:15 and ends at timestamp 2:52:09. There is really no need to watch it. Nothing very interesting is said. Each person is allowed three minutes. Numerous speakers ask for more funding for General Hospital than what is proposed in the Mayor's budget; speakers speak against the proposed Hillwood location of the new planned high school and advocate that it be located in Bellevue, speakers advocate for more spending or approval of the proposed spending for mass transit, expanded bus service, sidewalks, green ways and bike ways; speakers advocate for the proposed employee pay raise; more spending for the arts; more for educations; several speak in favor of additional funding for the program "in full motion," which helps at-risk students with additions resources; and speakers advocate for more spending for affordable housing and homeless services. Many of the speakers were employees of General Hospital and member of the SEIU Union.

No one advocates for less spending for anything, nor advocates for a tax cut, nor expresses concern about metro's growing debt liability or pension liability, nor speaks out in favor of reducing waste and inefficiency. That is the way it almost always is; those who want more government advocate all the time while those who do not only show up when a tax increase is proposed. The mayor's Operating budget is approved on second reading with no opposing votes cast. The Capital Improvements budget is also approved on Second Reading. Both the Operation Budget and the Capital Improvements budget are amendable on Third Reading.

Resolutions. Most are passed on the consent agenda which means they are not discussed and are lumped together and pass by a single vote. RESOLUTION NO. RS2017-682   which adopts the certified tax rate, as well as several other resolutions that relate to the budget are deferred to track with the budget. There are several resolutions settling lawsuits against the city and they all pass on Consent as they should. The only issue in settling a lawsuit should be is it in the city's best interest to settle rather than litigate.  Here is a resolutions of interest:

RESOLUTION NO. RS2017-744 is a resolution recognizing Thursday, June 1 to

Friday, June, 30, 2017 as “Nashville Pride Month," celebrating the Lesbian, Gay, Bisexual and Transgender communities and their "enormous contributions to the quality of life in Nashville and Davidson County." This passed on the Consent agenda. I do not think we should honor a segment of the society for engaging in unnatural sex practices.  Instead of being celebrated, I think ones sexual orientation, deviancy, or fetishes should be ignored.  I am very disappointed in some who I thought may vote against this. There are several Republicans in the Council such as Robert Swope, Davette Blalock, and Sheri Weiner, and they all voted for this.  There are several others who I suspect may be Republican or I suspect they think of themselves as conservative and they all voted for it. I do not think homosexuals should be discriminated against or mistreated but being a sexual deviant is not something to honor and celebrate.  

Bills on First Reading
There are 48 bills on first reading.  All bills on First Reading are lumped together and passed by a single vote, as is the norm. There are some interesting bill on First Reading this time. One would ban party vehicles, which I assume would include pedal taverns but I don't know for sure.  One would prohibit renting any room for lodging for less than a ten hour period. For a city that honors sexual deviancy, it seems a little puritanical to prohibit one from renting a hotel room by the hour. BILL NO. BL2017-739 is on First Reading which may or may not make Nashville a "sanctuary city."  While I think I oppose some of these bills, if I were in the Council, I would honor Council tradition and not vote against any of them on First Reading.

Bills on Second Reading. There is some dissolution of a bill to approve the building of a new high school at the Hillwood location but no motions or debate.  A lot of people from Bellevue want it build in Bellevue. Below are the bills of interest:

BILL NO. BL2017-645  would allow passengers in horse-drawn carriages to drink and ride as long as the beverage was in a plastic or foam cup. This sounds reasonable to me. It passes.

BILL NO. BL2017-687 establishes a process and procedure for naming public buildings, structures and spaces of the Metropolitan Government.  I like this.  I think usually you should have to be dead before you get something named after you. This was deferred from May 2nd and is deferred again at the request of the sponsor to the first meeting in August.

BILL NO. BL2017-705  would establish an incentive program for neighborhoods that are in full compliance with codes.  A neighborhood could be awarded $5000.  Under this plan, if a neighbor has an overgrown lot, codes could review the violation but not impose penalties and the neighborhood could exert pressure on the offender to come into compliance. I do not like this. I do not want to give more power to neighborhood leaders who may have been elected by a tiny fraction of the neighborhood.  Neighborhood organizations have no official status and no legal authority I don't want to give them power. This program could cost up to $875K per year and is not in the FY18 budget. It was deferred from the May 16 Council meeting to this meeting and is deferred again to July 6th.

BILL NO. BL2017-707  would allow Metro to purchase internet and telecom service at specific facilities without submitting those services to a competitive bidding process. It is withdrawn.

BILL NO. BL2017-723 is a bill establishing the tax levy for 2018 for the Urban Services District. Since the mayor has not proposed a tax increase, this tax levy will be the same as the certified tax rate discussed above. This is bill is amended but I do not know what changes. This passes and is amendable on Third Reading.

BILL NO. BL2017-724 establishes the low-income elderly tax relief program for 2018. This is a continuation of a program that has been in place for many year. The State provides a certain amount for tax relief for the low-income elderly and this program is Metro's expansion of the program to provide more tax relief than the State. The income limit to be eligible is $29,180 and applicants must be over the age of 65. This cost Metro $3.9 million. I support this program. It passes.

BILL NO. BL2017-725  establishes a Greenways Commission and a Conservation Assistance Grant Fund and appropriates $500K to the fund.  The purpose of this is to preserve properties having great natural, cultural, and environmental importance. From what I know about it, I support this. As we grow, it becomes important to preserve certain features of our community that make Nashville livable and enjoyable. The commission could not appropriate any funds without coming back to the Council. This passes.

BILL NO. BL2017-726 would require the Finance Department to maintain a written debt management policy for the metropolitan government. This is a good step in getting control of Metro's increasing indebtedness. It is deferred.

BILL NO. BL2017-728 would place restrictions on who can "boot" or unboot a vehicle. It would require criminal background check of those who apply for this job.  I have reservations about this. It is hard enough for ex-cons to get a job without imposing additional restrictions on what jobs they may do. This passes.

Bills on Third Reading. There are 16 bills on Third Reading. Here is one of interest:

BILL NO. BL2016-498   requires approval by the Metropolitan Council for obstructions or excavations which close or occupy any portion of the public right of way for a period in excess of one (1) year. I support this. We should accommodate construction but a sidewalk or street should not be closed to public use for over a year without a plan to accommodate the public. The Chamber of Commerce and the construction industry opposes this bill. The sponsor withdraws it and explains why. He explains that other reform in regards to this are in the works and he plans other legislation.  To see his comments see timestamp 3:51:07.

BILL NO. BL2017-646   would prohibit a company from installing surveillance

equipment, such as cameras and 16 other types of technology that captured activity on a public sidewalk or street without prior Council approval. It also would prohibit the police from using license plate recording technology and restrict the stockpiling of certain date. This is a good bill.

It passes on  roll call vote of 25 form, 2 against, 3 abstaining and 9 not voting. To "abstain is to push the button that records one as abstaining. Why nine simply did not vote, I don't know. This is near the end of the agenda of a long meeting and some members may have skipped out early. If so, shame on them. There are several empty seats in the chamber. Some may have been absent or in the bathroom or distracted, or they may have just sit on their hands. To hide out in the bathroom or sit on your hands is a cowardly action, the way I see it.  Council members should have the courage to cast a vote. Nine not voting is a lot. It the sponsor would have lost five more votes the bill would have died.  On final reading a bill must pass by a "a majority vote of all the members to which the council is entitled." Even if there are vacancies in the Council, a bill on final reading must still get 21 votes. I will post the roll call tally in another post and list the names of those not voting. To see the discussion see timestamp 3:57:05.

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Rep. Black Blasts Vanderbilt University Insurance Policy on Transgender-Related Surgeries

“For all the advanced degrees that exist among Vanderbilt University’s senior administration, there is a painfully obvious lack of commonsense.”

Diane Black

Jun 8, 2016,  Washington, D.C. – Today Congressman Diane Black (R-TN-06) responded to Vanderbilt University’s decision to add hormone therapy and gender reassignment surgery to its student insurance policy. Black released the following statement:

“Let’s be honest, this decision is not about the health and wellbeing of Vanderbilt University students, it is about the political agenda of liberal university administrators,” said Congressman Diane Black. 


“Our institutions of higher learning exist to graduate students who are career ready and are prepared to compete in the global economy, not to play politics by providing insurance coverage of medically unnecessary procedures while raking in federal grants. With this stunt, Vanderbilt University has shown itself to be completely out of touch with the values of most Tennesseans, and has surely alienated more than a few students, parents, and donors. I’m especially concerned that, by the university’s own admission, this decision was ‘not deeply debated in any way’ – showing just how little thought went in to such a far-reaching policy.

For all the advanced degrees that exist among Vanderbilt University’s senior administration, there is a painfully obvious lack of commonsense.”

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Metro Nashville Mayor Megan Barry appoints first tranny to public position.

Metro Nashville mayor Megan Barry made history last week by appointed the first transgender

"women" to an official position in Metro Government. Barry appointed Marisa Richmond to the 17-member board of the Metro Human Relations Commission. That commission advocates on behalf of liberal causes, engages in political indoctrination  and bullies dissidents who are not on the bandwagon of politically correctness.

One of the things they do is normalize homosexuality among young people by sponsoring the youth pavilion at the Nashville Gay Pride Festival. The Metro Council confirmed Marisa Richmond unanimously.

Richmond is a history professor at Middle Tennessee State University and is a former president of the Tennessee Transgender Political Coalition. She was also the first Black transgender person to be seated as a delegate for the Democratic National Convention in 2008 being the first openly transgender person to win an election in Tennessee.  She is also a former Davidson County Democratic Committeewoman. In June 2011, Richmond was invited to attend the White House LGBT Pride reception, where she met with President Obama and Vice-President Biden.

For more on this story and to see an interview with Richmond, follow this link. For more on Marisa Richmond see this.

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Haslam: School Districts, Not Federal Government, Should Decide On Transgender Bathrooms

by By Chas Sisk, Nashville Public Radio - Tennessee Gov. Bill Haslam is criticizing the Obama administration for weighing in on which bathrooms transgender students use.

Haslam says the guidance issued Friday by the U.S. Department of Justice and U.S. Department of Education is "heavy-handed," and decisions should be made on a case-by-case basis. The Obama administration is telling schools they break federal laws against sex discrimination if they don't let students use the bathroom of the gender they identify with.

That's the opposite of what Tennessee lawmakers tried to do during the legislative session, when they attempted to pass a law that would've made transgender students use the bathroom of their birth sex. Haslam says his advice is the same to both the feds and state lawmakers: Leave the issue to local authorities.

"When the long arm of government reaches in, in cases like this, I don't think the answers are necessarily better than letting our local school boards and superintendents deal with it," he said. But Haslam is striking a less defiant tone than other Republican governors. They've described the guidance as "blackmail" and urged Congress to step in.

My Comment:  I agree with Gov. Haslam that this issue should be left to the local school boards and superintendents to deal with.  I wish, however, Gov. Haslam would show a little more outrage about the government blackmail of the states and unconstitutional exercise of authority.

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Haslam signs therapist protection bill.

Today Governor Haslam signed the bill that says no therapist or counselor must provide services to a client who has a lifestyle or engages in practices that conflict with the counselor's sincerely held principles. So, I guess this means that if you are a counselor who believes murder is wrong and a mafia hit man comes to you who is having guilt feeling about all the people he has killed and wants to be cured of his guilt so he can sleep well at night, that you can refuse him service and not be sued. Or, if you are not comfortable counseling a pedophile, or providing marriage counseling to a polygamist man and his three wives, or a mother and son in a incestuous relationship, or a women having her third abortion, or a gay couple, you can refuse to counsel them and not be in jeopardy of being sued.

I support the basic premise of this law.  I think counselors should be able to refuse service to those who have a lifestyle that the counselor finds abhorrent.  I do question however how often this law is really necessary. Assume a gay couple goes to a counselor and the counselor says, "I appreciate you seeking me out and I wish I could serve you, but I am a Christian and believe homosexuality is a sin and I don't think we would really be a good match; I really don't know that I could be objective enough to provide you with the service you seek, however if you absolutely insist I will serve you anyway, knowing I probably can't help you."  How many gay couples are going to demand this person be their counselor and take their money?  Probably none.

I don't fault Governor Haslam for signing the bill. He needs to use the veto sparingly.  However, I wonder if this bill is really necessary. Sort of like the bathroom bill, some things could  be worked out without passing a state law. Of course, I did not sit thorough the legislative hearings and hear the arguments, but this bill looks like a solution in search of a problem simply in order to make a point.

For more on this see Haslam signs bill giving therapists protections.

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FACT President Blasts Attorney General's 'Bathroom Bill' Opinion

Press release, FRANKLIN, Tenn. (April 11, 2016) – The following statement regarding Attorney General Slatery’s opinion of House Bill 2414, the “bathroom bill,” can be attributed to FACT President David Fowler:

Attorney General Slatery’s opinion regarding the risk to the state of losing Title IX funding if House Bill 2414 passes puts forth a carefully worded legal position that only the trained lawyer can decode to deconstruct the fear of the federal government it engenders.

It essentially regurgitates legal arguments made by the Obama administration that were flatly and unequivocally rejected by the only two courts to actually rule on them. A first-year law student would get in trouble for writing a brief that ignored relevant persuasive authority as if it did not exist!

The misleading nature of these omissions is compounded by the fact that the attorney general instead cites settlement agreements, not court decisions, entered into with the U.S. Department of Education. A settlement agreement only means that the school districts decided not to litigate the clear meaning of the word “sex” in Title IX and just go along with what the Obama administration wanted. Settlement agreements have no persuasive value as a matter of law, unlike the court decisions that have actually ruled in favor of sex-designated bathrooms.

Thankfully, the attorney general did mention that, by law, no money can be withheld from a state until the state loses its legal arguments, and then only if it doesn’t come into compliance with that ruling within 30 days. By law, no money can be withheld during this process, and no money can be withheld retroactively.

In other words, contrary to the general impression the opinion tends to create, legislators need to understand that there is little risk that the state will lose any Title IX money so long as it complies with whatever the U.S. Supreme Court might someday say the word “sex” means. No one needs to run around like their pants are on fire as if there is some immediate, real threat to Tennessee losing Title IX funds.

But the bottom line is that Tennessee cannot be held hostage by what the Supreme Court might possibly say at some point about the meaning of the word “sex” when the law, as it exists right now, is clearly in support of House Bill 2414.

The people of Tennessee are tired of having their public policies being dictated to them by the various branches of the federal government, and they sure don’t want the state surrendering without a fight to the Obama administration on whether boys can choose to use a girl’s bathroom or locker room.

The Family Action Council of Tennessee (FACT), which Fowler heads, was formed in 2006 by a group of citizens concerned about the growing negative impact of public policies on marriage, families, life, and religious liberty. FACT’s mission is to equip Tennesseans and their elected officials to effectively promote and defend a culture that values God’s design for the family, for the sake of the common good. For more information, visit FACTn.org.

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Tennessee Pastors Network Challenges Lawmakers on "Bathroom Bill."

Petition Effort Gaining Momentum

Press release, NASHVILLE, TN -The Tennessee Pastors Network today announced that it has made great strides in bringing the concerns of thousands of Tennessee voters to Legislative Plaza.  These actions stem from legislation being considered this week by several Committees on SB2387 by Sen. Mike Bell (R-Riceville) and HB2414 by Rep. Susan Lynn (R-Mt. Juliet).

The bill would require students in Tennessee schools to use bathrooms and lockers rooms that correspond to their determined sex noted on their birth certificates.  Opposition has arisen from LGBT groups demanding students be able to use bathrooms and locker rooms that correspond to the student’s “feelings” about which sex he/she is.

“People across Tennessee are enraged that our elected officials have to spend valuable time debating such a subject,” said Tennessee Pastors Network President Dale Walker of Sparta.  “In addition, they cannot believe that any Tennessee lawmaker would consider placing the vast majority of students at risk.”

Pastor Walker has led a delegation of concerned ministers and concerned citizens to meet with lawmakers ever since this legislation was brought forward.  This issue is engaging the citizens to sign petitions in support of this bill in large numbers.

Pastor Walker continued, “Tennessee lawmakers may need to be reminded that it’s the citizens that go to the polls to vote their values and not corporations bullying our state. Our lawmakers need to know beyond a reasonable doubt that that Tennessee citizens will not tolerate this kind of dangerous situation for our children.”

He concluded, “Lawmakers are on the record as saying that they are not hearing anything from constituents. Tennesseans need to be reaching out by phone, email and text to their elected Representatives and Senators and letting them know their individual concerns about these dangerous encroachments into our state.”

For more information, visit www.tnpastors.net.

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Tennessee Attorney General Warn Of Fallout From Transgender 'Bathroom Bill'. Barry, Obama, Hollywood, Music stars, business community speak out in opposition

Nashville Musicians, Tennessee Attorney General Warn Of Fallout From Transgender 'Bathroom Bill'

by Chas Sisk / WPLN, April 13 - The state's top lawyer is warning of potentially dire consequences to Tennessee and local school districts if lawmakers move forward with a plan to require transgender students to use the bathroom of their birth sex. .... Tennessee faces a national backlash....

The attorney general notes that the U.S. Department of Education has taken the position that ignoring gender identity violates Title IX, which bars sex discrimination in public education. That means districts could be stripped of federal funding if they try to enforce the law.

"In sum, if a transgender student is required by a school district in Tennessee to use a restroom or locker room that is consistent with his or her anatomical gender rather than his or her gender expression or gender identity, and if that student files a complaint, DOE, applying its current interpretation of Title IX, will almost certainly require the school district to permit the student access to the facility consistent with his or her gender expression," the attorney general writes. (link)

Fiscal concerns prompt delay of bathroom bill

by Joel Ebert, The Tennessean, April 13, 2016 -Citing a revised fiscal note — which said the state could see a potential loss of $300,000 in tax revenue with the legislation's passage — Sen. Bo Watson, R-Hixson, who serves as vice chairman of the finance committee, asked Bell to delay action on the measure until after the panel addresses various budget bills, which were also scheduled to be taken up on Tuesday. .... The bill's fiscal note also pointed out that the state faces the prospect of losing federal Title IX funding, which is estimated in next year's budget to be as much as $1.2 billion for K-12 and higher education. .... , a White House spokesman criticized Tennessee's proposed law and similar ones in other states during a news briefing. (link)



 Barry Urges Lawmakers To Consider Economic Impact of Anti-LGBT Legislation

Metro Government press release, 4/7/2016 - 
 

Estimates show a potential loss of $58 million in direct visitor spending, costing our city and state over $10 million in revenue

NASHVILLE, Tenn. (April 7, 2016) – Mayor Megan Barry has released the following statement regarding HB2414/SB2387, legislation intended to discriminate against transgender students which passed the House Education Administration & Planning Committee on Wednesday after having initially been sent to a summer study committee, and HB1840/SB1556, legislation that allows denial of counseling and therapy services to LGBT citizens and casts additional discrimination on those seeking help:

“This legislation doesn’t reflect Nashville’s values and doesn’t do anything to improve the quality of life for citizens of our city or state. If some lawmakers don’t see the value in recognizing people’s dignity and privacy, I hope they can at least see the negative economic impact and potential loss of revenue to Nashville and the State of Tennessee. We’ve seen the negative effects that similar laws in North Carolina have had on their economy, and we’ve already received indications that conventions might pull out of Nashville or eliminate our city from consideration should HB2414/SB2387 become law – resulting in a potential loss of over $10 million in state and local tax revenue and nearly $58 million in direct visitor spending removed from our economy.

“That is the loss of economic activity in just one sector of our city’s economy. Our future ability to attract film and television production will also be impacted, and we could expect to see other industry sectors impacted, as well. That’s quite a price to pay for legislation that would seem to hurt people – including some of our youngest and our most vulnerable – without actually benefitting anyone in the process. Instead of creating complex and confusing regulations for restrooms, or becoming the only state in the nation to allow discrimination by counseling professionals, the state should work with local governments to continue our economic growth, address traffic problems, and give our schools the resources and support they need to be successful.”

The Nashville Convention and Visitors Corp. has heard from convention planners who have booked in Nashville and been told that they will not come if HB2414/SB2387 becomes law. Additionally, there are indications that nine other groups are likely to abandon plans to meet in Nashville should the bill pass.

3 definite groups that will cancel meetings in Nashville:

• $8,985,308 in direct spending
• $703,540 in state taxes
• $916,095 in local taxes

9 tentative groups that likely will not book in Tennessee:

• $48,791,853 in direct spending
• $3,746,217 in state taxes
• $4,874,125 in local taxes

In total, risking 12 groups:

• $57,777,161 in direct spending
• $4,449,757 in state taxes
• $5,790,220 in local taxes

The actual impact is anticipated to be far greater should this bill become law and bring greater national attention to anti-LGBT efforts within the state of Tennessee.

Tennessee tourism, TV leaders: Bathroom bill could cost jobs, revenue .......Nashville's top tourism executive said the bill, slated for consideration Wednesday by a legislative committee, could lead to lost conventions and the revenue they generate. .... The bill damages the image of Tennessee as a welcoming place, contended Nashville Convention and Visitors Corp. President and CEO Butch Spyridon. He said two groups have said Nashville won’t be considered as an option for future conventions if the law passes. A CVC spokeswoman said those unspecified conventions would bring more than 10,800 combined hotel room nights. .... “Letting this be the reason we lose the ‘Nashville’ show would be a huge blow,”...

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Update. What happened at the Council meeting of 2-2-16: PILOT to fund affordable housing, no new reg for historic home events, ....

... $10M more for Meharry money pit, inclusionary zoning bills deferred on first reading, Human Relations strengthening bill deferred.



To see my commentary on the agenda a link to the agenda and agenda analysis, follow this link. There are a lot of zoning bills on public hearing and I don't report on them unless they have an impact beyond one community or prove extremely controversial, so if you are particularly interested in a zoning issue, don't rely on my analysis or meeting summary.

Following the prayer and pledge, the meeting starts with a presentation about heart disease and the agenda is not taken up until time stamp 8:23. Below is a summary of the meeting calling attention to the most important actions.
Charles Robert Bone's appointment to the board of MDHA is a approved and all other mayoral appointments to Boards and Commissions are approved. The other appointments were to the NECAT  board.

• BILL NO. BL2015-96 by Councilman Withers which would restrict all “Historic home events” to enclosed areas is withdrawn without explanation. Good. That was a bad bill. An explanation would have been nice.
• BILL NO. BL2016-107 by Councilman Anthony Davis which would expand the Inglewood Place - Jackson Park Neighborhood Conservation Overlay District to 454 additional acres has people wearing green "Preserve Inglewood" tee shirts speak in favor of the bill, and several people speak against.  It is approved. To see the discussion on this bill see time stamp 18:15- 41:45.
• BILL NO. BL2016-109 which is a rezoning proposal for property on Kenilwood Drive to allow the construction of large self-story facility generates some negative comments from the public and passes second reading. See time stamp 47:15 -1:14:01 to view the discussion.
• RESOLUTION NO. RS2016-86 which authorizes MDHA to  enter into a PILOT (payment in lieu of taxes) Agreement with a developer, developing a 240 unit apartment complex of affordable housing is approved on a voice vote. This is the first of its kind program in Nashville to build affordable housing using this tool.  
• RESOLUTION NO. RS2016-100 which request an addition $10 million dollars in operating subsidy for Metro hospital in addition to the $35 million dollar operating subsidy in the FY16 budget is approved unanimously. I am disappointed and think Metro should totally get out of the hospital business.  I am disappointing that none of the council members who identify as conservatives took a stand on this issue. Since poor people can go to the hospital of their choice, there is no need for Metro to have a charity hospital. While passing unanimous, the council does require the Hospital Authority to report report back to the Council on their financial status and questions the timing of the request. If Council had not approved this expenditure, the hospital would not have been able to meet their next payroll. Metro privatized the two nursing homes it used to own and should do the same thing with Meharry Hospital. The way I see it, the only reason we have a Metro General Hospital now is because it is a payoff to the Black Community. Metro General is also know as Meharry Hospital and is the teaching hospital of Meharry Medical College. Meharry Medical College is a Black institution and the Black community takes pride in it. All candidates for Mayor promised they would continue to support it. Due to the desire to curry favor with the Black community, politicians still continue to poor money into the Meharry Hosptial money pit despite there being no logic to funding a charity hospital.  If I am missing something and there is logic to funding Meharry, I would like for someone to explain it. Without a Metro charity hospital, is there anyone served who would not otherwise be served?  Not all cities have charity hospitals. How do cities without charity hospitals care for their indigent? To view the discussion, see time stamp 139:05- 1:56:54. To read The Tennessean report on the issue see Council approves emergency $10M for Metro General Hospital.
• RESOLUTION NO. RS2016-101  refinancing some metro bonds to a more favorable interest rate freeing up some debt capacity, passes unanimously. This sounds like a good deal to me.
• RESOLUTION NO. RS2016-102  which takes out the north shed portion of Farmers Market is deferred two meetings. It is revealed that the $4M that the State is going to pay Metro for releasing the northern sheds, will not flow back to the Metro General fund but will go to subsidize the operation of the Farmers Market. I do not like that and think the money should go to the General Fund and any additional subsidizing of Farmers Market should have to come before the Metro Council. In my view the Farmers Market should not have to be subsidized. I like Farmers Market but think it should be able to cover its own operating cost. Kudos to Council member Jacobia Dowell for speaking out on this issue.  
• RESOLUTION NO. RS2016-113 is a memorizing resolution asking the Davidson County Delegation to oppose House Bill 1412 sponsored by Rep. Mark Pody which responds to the U.S. Supreme Court decision in Obergefell v. Hodges which forced all states to grant license for same-sex marriage, by saying the Supreme Court's decision in Tennessee is "unauthoritative, void and of no effect." I am no friend of gay marriage but do think HB 1412 is a bad bill. RS2016-113 passes on a voice vote. 
• BILL NO. BL2016-133 and BILL NO. BL2016-134 on First Reading are the inclusionary zoning ordinances and they are deferred indefinitely. Almost never is a bill on First Reading not passed.  For more on this issue, read The Tennessean's report at this link: Affordable housing plan delayed in Metro Council  
• BILL NO. BL2016-99 which would strengthen the Human Relations Commission by removing the term limits for members of the Commission is deferred one meeting.

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