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A right-leaning disgruntled Republican comments on the news of the day and any other thing he damn-well pleases.
If the bill becomes law, cities and counties would be limited to a 5% annual tax rate increase, without the need for voter approval. (read more)
If you are going to watch the meeting, follow this link to access the agenda, agenda analysis and my commentary on the agenda. You will get a lot more out of the meeting if you know what's going on.
Following Pat Nolan's introductory comments, the prayer and pledge of allegiance, the Council votes on confirmation of appointees to boards and commissions. Next is the public comment period and only one person speaks. There are no surprises or drama. The Council takes up consideration of resolutions at timestamp 23:53. Below is a summary of the legislation I found most interesting.
Resolutions:
Resolution RS2020-149 is withdrawn. It would have appropriated $587,900 to the Davidson County Sheriff’s Office so the sheriff's office could have the capacity to house federal prisoners. This would have earned the city about a half million dollars. Some members of the Council initially opposed this, thinking this would lead to the detaining of prisoners for violating national immigration laws but it has been clarified that that will not be the case. I thought this solved the problem but apparently not. No explanation is offered as to why this was withdrawn. This proposal was part of the deal with the Comptroller to approve Nashville's financial plan.
Resolution RS2020-172 passes on a recorded vote. It commends "Tennessee Governor Bill Lee for Executive Order 11 regarding paid family leave, and calling for all areas of Metro Nashville government to implement paid family leave policies equal to or greater than the paid family leave outlined in the aforementioned executive order." If I had a vote, I would oppose this. I would not support this without a provision that such paid family leave not cost the city any money. Governor Lee has not satisfactorily explained how the State will pay for this expanded employee benefit at the State level. Steve Glover was the only "no" vote and their were a couple of abstentions.
A Late Resolution that urges Governor Lee to not sign a bill which could allow faith-based adoption agencies to turn down adoptions by LGBTQ people based on their religious beliefs passes without discussion and no one voting against it. I am disappointed that none of the conservatives on the Council voted against this.
Bill BL2019-109 makes changes in the city policy toward scooters or what is termed "shared urban mobility devices (SUMDs)." It is deferred two meetings.
Bill BL2020-114 would limit the amount of time a vehicle could sit still with the engine idling. Currently the only restriction is a prohibition of a running motor vehicle from being left unattended unless the vehicle is on private residential property and is equipped with a remote start device that prohibits operation of the vehicle while unattended. This bill in its original form would prohibit a stopped or parked motor vehicle from idling for more than three minutes, or for longer than one minute if the vehicle is within a school zone. There are a few exceptions in the bill. The bill is substituted. The substitute pretty much guts the bill. It becomes an education effort of the health department rather than a law enforced by the police. The fine is removed also. The substitute is deferred two meetings.
Bill BL2020-115 requires a security plan prior to obtaining a building permit for a parking structure constructed near a stadium, arena, or racetrack. This is relevant to the proposed soccer stadium. As I understand it, this would be another obstacle that may help stop or delay the soccer stadium construction. It is deferred one meeting.
by Rod Williams - The Metro Council will meet Tuesday, January 21st at 6:30 PM in the Council chamber at the Metro Courthouse. Here is a link to the Council agenda and the Council staff analysis. For those who want to watch the Council meeting, the meeting are more interesting if you know what is going on. They are still not very interesting, but more interesting. You don't have to watch the Council meetings and yet you can still be informed, because I will watch it for you and then a couple days later post a summary of the most important Council actions and I will post a video of the meeting and highlight the most interesting parts. Below is a summary of the agenda, highlighting what I deem to be the most important items.
Following the opening prayer and the pledge the Council votes to confirm or elect members to boards and commissions. Election to the Community Oversight Board is to be delayed to Feb. 4th, is my understanding. However, the agenda shows two nominees for confirmation to this board. These two may be the nominees of the mayor. Two members of this board are appointed by the mayor (I think) but most are nominees from the community. For anyone interested in the process of how vacancies will be filled to this board, see timestamp 10:35 of the last Council meeting at this link.
The next item of business is the public comment period. So far, I am pleasantly surprised that this opportunity has not been abused by grandstanding activist. I keep expecting that to happen.
Resolutions:
Resolution RS2020-149 appropriates $587,900 to the Davidson County Sheriff’s Office so the sheriff's office can have the capacity to house federal prisoners. This will earn the city about a half million dollars. Some members of the Council initially opposed this, thinking this would lead to the detaining of prisoners for violating national immigration laws but it has been clarified that that will not be the case, so there should not be opposition to this because of that concern. This proposal was part of the deal with the Comptroller to approve Nashville's financial plan.
Resolution RS2020-172 commends "Tennessee Governor Bill Lee for Executive Order 11 regarding paid family leave, and calling for all areas of Metro Nashville government to implement paid family leave policies equal to or greater than the paid family leave outlined in the aforementioned executive order." I would not support this without a provision that such paid family leave not cost the city any money. Governor Lee has not satisfactorily explained how the State will pay for this expanded employee benefit.Bills on Second Reading
Bill BL2019-109 makes changes in the city policy toward scooters or what is termed
"shared urban mobility devices (SUMDs)." Back in July 2019 the Council passed a bill cancelling all scooter permits and allowing existing scooter companies to operate with half the number of scooters they currently had on the streets while the Traffic and Parking came up with a RFP (request for proposal) system to replace the current system. This bill extends the time the Traffic and Parking Commission has to develop its RFP system and changes the guidelines for what would be in the RFP. Some of the guidelines are more specific and this also authorizes the Traffic and Parking Commission to set fees to charge to the scooter companies to carry out the enforcement of the agreements. The Commission would not have to come back before the Council to have their fee amount approved. This is better than the previous bill in my view in that it does not limit the number of providers of scooters to only three, however it restrict each provider to only 500 scooters. I don't support that restriction because there may be some economy of scale. This requires the RFP to have a commitment to safety including helmets. I don't like requiring helmets. There is a lot in this I don't like, but I fear if this does not pass a complete ban may pass and I do not want to see scooters banned. So if I had a vote, I would reluctantly voted for this bill.
Bill BL2020-114 would limit the amount of time a vehicle could sit still with the engine idling. Currently the only restriction is a prohibition of a running motor vehicle from being left unattended unless the vehicle is on private residential property and is equipped with a remote start device that prohibits operation of the vehicle while unattended. This resolution would prohibit a stopped or parked motor vehicle from idling for more than three minutes, or for longer than one minute if the vehicle is within a school zone. There are a few exceptions in the bill. I oppose this.
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| Rep. Phil Roe |
by Rod Williams - Nashville is not the "San Francisco of the South," thanks to already existing State law which limits Nashville's flexibility and the State response to Metro initiatives. The State has stopped Metro from creating anti-discrimination laws that are stricter than protections laid out by the state, it prohibited Nashville from becoming a sanctuary city, it prohibited Nashville from banning Short term rentals and prohibited Nashville from mandating that builders build affordable housing. Nashville would be a much more "progressive" city if not for the State.
My perception is that in about the last five or so years there has been a sharp move to the left. The more radical or "progressive" sector of the electorate has grown in influence. While Nashville has always been a Democrat town, my perception is that the electorate is much further to the left than in the past. There has never been much of an organized conservative presence in the city and the organized liberal forces were old-line mainstream liberals, consisting of civil-rights-type organizations and labor unions. Most pressure groups were neighborhood groups resisting change or advocates of increased spending for education or some other government service. They could be called "liberal," but were not terribly ideological.
In the last Council election we saw in Nashville something not seen before. We saw nationally affiliated organizations such as Act Blue and Democracy Now and various other outside groups supporting candidates in our non-partisan Council election. They donated money to these candidates and went door-to-door on their behalf. Many of those candidates won.
Now the left has stepped up their game. One of the new progressive organizations making their presence felt in the city is Stand Up Nashville. It was formed as coalition of groups of the left in 2016. Now the organization has hired an Executive Director. With a year-round presence and staff an organization can have much more influence than an organization ran by volunteers active only at election time.
Stand Up Nashville is a partnership of nine organizations, including the Central Labor Council of Nashville and Middle Tennessee; the AFL-CIO; Nashville Organized for Action and Hope; the Tennessee Immigrant and Refugee Rights Coalition; Democracy Nashville; Ironworkers International Union; LiUNA Southeast Laborers District Council; International Union of Painters and Allied Trades; The Equity Alliance; and the Service Employees International Union Local 205, which represents Metro government employees. There first executive director is Odessa Kelly, a founding member of the organization.
Thanks to the State, there are limits to how much influence the left can exert but this is not a good sign. In her initial email to SUN supporters, Odesa Kelly wrote, "SUN’s work is a testament to will and power of the people and our collective movement to shape Nashville in our image. Every move we make is a step toward racial and social equality." Watch out Nashville.
For more on this topic see link, link and link.
Below is a clear and detailed explanation of how Mayor Cooper balanced the budget. This is from the newsletter of Councilman Jeff Syracuse.
Mayor Cooper has made some difficult decisions as we knew he would have to in order to correct our fiscal issues and balance the budget and fill the $41.5 revenue gap. Some of the below is rather complicated. Here is how the revenue gap has been filled and was approved by the State Comptroller:
This meeting is little over two hours long. If you are going to watch the meeting, follow this link to access the agenda, agenda analysis and my commentary on the agenda. You will get a lot more out of the meeting if you know what's going on.
Pat Nolan gives a good overview of the important items on the agenda and the Vice Mayor gavels the meeting to order at timestamp 5:00. The opening prayer is offered by an Islamic cleric, guest of Councilman Johnathan Hall. I am pointing this out simply because I know some will find it interesting, not as a criticism. I think it is appropriate. Muslims are part of our community and it serves no one's interest to marginalize them.
There are eleven nominees for the two open position on the Community Oversight Board. That is the new agency acting as watch dog of the police department. Also, since those vacancies were announced an additional vacancy has occurred. If anyone wants to know more about how the vacancies will be filled see timestamp 10:35.
Public Hearing: At timestamp 21:05 the Council begins consideration of items on Public Hearing. All of those that were rezoning bills were approved by the planning commission. I am not very interested in rezoning bills but did watch it to see if any had generated much public interest. Most rezoning bills are of interest only to nearby neighbors. These are the bills on interest on Public Hearing.
Bill BL2019-8 would amend a portion of the code concerning the program that, under certain circumstances, allows developers to pay money into a sidewalk fund rather than build sidewalks in front of his development. Currently, that money is to stay in the "pedestrian benefit zone" from where the payment was made. This ordinance would instead require funds to stay within the Council district of the new development. The Planning Commission recommended indefinite deferral. The sponsor defers to the first meeting in March.
Bill BL2019-48 is substituted and the bill and the public hearing is deferred to the first meeting in March. This a relaxation of the ban on home-based businesses.Home businesses now are allowed only if no customers are served by the business on the premises and the business employs no more than one employee who is not a resident. That neighbor who gives local kids piano lessons is operating illegally. That lady with one a one-chair beauty shop who does hair by appointment-only is illegal. This would allow home-based businesses if no more than three vehicle trips are generated each day related to the business, customer visits are by appointment-only and operating hours are between 8 a.m. and 7 p.m., Monday through Saturday. I support this.
Resolution RS2020-149 would appropriate more money to the Sheriff's Department so the Sheriff's department would have the capacity to contract with the Federal government to hold federal prisoners. This would make money for the city. Some of those prisoners however would be illegal aliens and there are some who do not want the city engaged in this. This resolution was deferred one meeting.
Resolution RS2020-154 passes. It directs the Metropolitan Department of Water and Sewerage Services to make payments in lieu of ad valorem taxes. The amount is $10 million. I don't oppose this because we are broke and need the money, but this is a con shell game and I don't like it. The water department operates off of its own revenues but it is still a part of metro government. This is like charging the schools a tax since they don't pay property taxes or charging the police a fee since they don't pay property tax, except the schools and police don't generate money. The money the Water Department generates is from the water bills we pay. This is like paying taxes with money that is in your left pocket rather than paying with money in your right pocket. If the water department did not pay an "in lieu" payment our water bills would be lower. As Council member Vercher says in her comments on the bill, "it is a way to raise taxes, without raising taxes." Councilman O'Connell proposed to increase the amount to $15 million to include $5 million for affordable housing but that does not pass. There was an attempt to defer the resolution one meeting and it failed. There were reasons why a deferral would have been ill advised and it would not have changed anything. The resolution passed 34 in favor, 2 no's, 1 abstaining and 3 not voting. To see the discussion see timestamp 1:07:41 - 21:28:00.
Resolution RS2020-160 passed on a voice vote. It puts the Council on record asking the mayor to restore the $4.5 million he cut the Barnes Fund for affordable housing. The mayor cut that fund to balance the budget which he was required to do. If he had not taken it from the Barnes Fund he would have had to take if from somewhere else. He has done a remarkable job of fixing the financial mess he inherited. I am not going to second guess him on this. If I were serving in the Council, I would have opposed this resolution.All bills on First Reading passed, lumped together, by a single vote, as is the norm. Include in these is the bill that prohibit idling a car for more than 3 minutes. I oppose that bill but if I were serving in the Council, I would have voted for it on first reading. First reading is a formality that gets in on the agenda. It is rare that a bill is considered on its merits on first reading. I think it is unfair to criticize a council member for a vote taken on first reading.
Bill BL2019-109 is deferred one meeting. It makes changes in the city policy toward scooters or what is termed
"shared urban mobility devices (SUMDs)." Back in July 2019 the Council passed a bill cancelling all scooter permits and allowing existing scooter companies to operate with half the number of scooters they currently had on the streets while the Traffic and Parking came up with a RFP (request for proposal) system to replace the current system. This bill extends the time the Traffic and Parking Commission has to develop its RFP system and changes the guidelines for what would be in the RFP. Some of the guidelines are more specific and this also authorizes the Traffic and Parking Commission to set fees to charge to the scooter companies to carry out the enforcement of the agreements. The Commission would not have to come back before the Council to have their fee amount approved. This is better than the previous bill in my view in that it does not limit the number of providers of scooters to only three, however it restrict each provider to only 500 scooters. I don't support that restriction because there may be some economy of scale. This requires the RFP to have a commitment to safety including helmets. I don't like requiring helmets. There is a lot in this I don't like, but I fear if this does not pass a complete ban may pass and I do not want to see scooters banned.
Bill BL2019-30 (as amended) passed on a voice vote without discussion. It bans barbed wire and razor wire fencing in the Urban Zoning Overlay District along arterial and collector roadways. They are already banned along sidewalks in the Urban Services District. While I sympathize with those property owners who are trying to protect their property, this type fencing creates a feeling of living in a war zone. It makes a street ugly and devalues enjoyment of public spaces. An Urban Design Overlay (UDO) is a zoning tool that requires specific design standards for development in a designated area. This is a minor expansion of where this type fencing is banned.
Bill BL2019-31 (as amended) is deferred indefinitely which as the effect of killing the bill. To bring it back up would require starting all over. This bill would have required a permit for all new fencing except for property zoned AR, AG, R80, or RS80. I am pleased this was killed. To see the sponsor's explanation see time stamp 1:08:40 at this link where it was discussed on second reading. It passes on a roll call vote of 27 to 9 and one abstention at that meeting.
Press release, 1/7/2020- Following the release of his First 100 Day Report, Mayor John Cooper today announced the publication of his administration’s Commitment Tracker, which can be accessed at the Mayor's Office home page. The Commitment Tracker lists 50 promises made by Mayor Cooper during the 2019 mayoral campaign. Following through on the 50 commitments will be Mayor Cooper’s focus over the next four years, and they are listed in the policy areas below:
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Metro press release, 1/7/2020 - Today, Mayor John Cooper announced six distinct areas of focus in his budget planning process for the 2021 fiscal year. The Mayor’s Office also released an expedited timeline that permits the administration to file a budget with the Metro Council by March 31st, a month ahead of the normal budgeting schedule, and would seek for the budget to be approved by Metro Council no later than May 31, 2020 in order to allow for review by the State Comptroller of the Treasury.
Mayor Cooper’s budget priorities are as follows:
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Rod –
Next week, the Tennessee legislature will meet
back in Nashville to begin the 2020 legislative session. I wanted to
take a moment to share with you one of my legislative priorities for
this year.
This morning, I filed a Constitutional
Amendment that would add Tennessee's Right to Work law to our state
constitution, guaranteeing future generations of Tennessee workers
their right to work regardless of whether they choose to join a union.
I am honored that Lt. Gov. Randy McNally, House Speaker Cameron
Sexton, and twelve other legislators have already signed on to support
this resolution.
Tennessee’s Right to Work statute has been state
law since 1947. It states that workers cannot be hired or fired based
on their membership in, affiliation with, resignation from, or refusal
to join or affiliate with any labor union or employee organization.
When introduced in 1947, supporters of the bill argued that it would
“be of great advantage to the average member of organized labor.” It
also protects the rights of those who choose not to join a union.
Twenty-seven other states have Right to Work laws,
and nine of those have passed constitutional amendments, including our
neighboring states of Arkansas, Mississippi, and Alabama. The Alabama
amendment passed most recently in 2016. Another neighbor, Virginia, is
presently considering repealing its Right to Work statute. A
constitutional amendment would offer greater protection for workers
against such repeal efforts.
If passed by the General Assembly in 2020, SJR 648
would need to pass the by a two-thirds majority during the 2021 or
2022 legislative session in order to appear on the ballot for a
statewide referendum in November 2022. The amendment would become part
of the state constitution if adopted by a majority vote in the
governor’s election.
There is also already strong public support for
the resolution. An October 2019 Beacon Center survey reported that 68
percent of Tennesseans favor the Right to Work policy, while 13
percent oppose, and 19 percent remain undecided.
What are your legislative priorities this year? I
would love to hear from you. Please do not hesitate to contact me at
615-741-3036. It is an honor to serve as your state Senator.
Sincerely,
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