Friends, I missed most of the last 2-months worth of Metro Council meetings because I was knee-deep (and more) in the Legislature. I am happy that that is over for the year (whew!) and also that I am back visiting with the Metro Council at their twice-monthly meetings.
Just like at the Legislature, I cover items of interest to me and those I think have the most impact on your lives while trying to keep the coverage from being too boring. The more local a governing body, the more direct impact their actions have on us (you know, think global but act local), which is why you might give the Council reviews below a look-see. And, if you ever want to attend a Council meeting to check out the action, especially if you think you might want to testify someday, I am happy to sit with you and answer any questions you might have.
The Agenda items addressed here are:
1.) Announcements
2.) Public Hearing- Eleven comments were offered, four related to a new provision to include a Council person on the Metro Arts Commission Board (3 in favor, 1 opposed) and the remaining seven promoting a resolution regarding the Israeli-Palestinian conflict. The current rule requires each speaker to connect their comment to the Agenda so you will hear the seven speakers choosing one Agenda item and then slipping in a comment about the passage of an Israeli-Palestinian resolution. A few years before, any resident could comment about any concern they had but after a few long Council meetings, the rule was changed to require speakers to link their comments to an Agenda item. Porterfield’s motion (Rule 28 change below) directly addresses this issue.
3.) Appointments- Eleven nominations were made for six available seats on the Metro Human Relations Commission. I point out a few people I know who would serve quite capably.
4.) Amendment to Rule 28 by Porterfield- As noted in #2 above, this replaces the current rule with the previous one, allowing public comment by any resident regarding any item of concern.
5.) Housing and commercial development proposals along with zoning changes offered by the Council person from the district where this will take place. Although most of the Agenda focuses on these items, I only include here those properties where a community member rose to speak against the change. • Short-term Rental Exception- Toombs (Item 6) • Hotel transitioned to homeless housing- Huffman (Item 16) • Construction of the first WaWa in Tennessee at Andrew Jackson and Old Hickory Blvd.- Huffman & Horton (Item 18) • 46 multi-family units on Buena Vista- Toombs (Item 22 & 23) • 41 multi-family units on Donelson Pike- Greer (Item 27)
6.) Resolutions • Airport Authority Expansion and Noise Abatement- Bradford (Item 39) • Private Contract Extension for Rite of Passage, Inc. management at Juvenile Justice Center- Porterfield (Item 41) • Protection of Colemere Building on Murfreesboro Pike- Bradford (Item 82) • Honoring Keith Durbin, retiring Metro IT Director- Kupin (Item 84) • Honoring Grammy-award winner Allison Russell- Porterfield (Item 88) • Honoring Asian Americans, Pacific Islanders and Hawaiians- Vo (Item 91) • Establishing National Workers Memorial Day (Item 93)
The next Metro Council Meeting is scheduled for Tuesday, May 21st at 6:00 PM (Metro Courthouse, 1 Public Square). To find your Council person click on THIS LINK, enter your address in the box, and click “Look Up,” where you will see all of the Council members with their pictures down below, so if you click on your district to the right it will show your specific Council person and list any upcoming meetings to be held in your district.
Hope this is helpful. With appreciation, Michele
May 7, 202,4 Metro Council Meeting
ANNOUNCEMENTS
Walk-Bike Nashville will be holding this year’s Tour de Nash THIS Saturday, May 18th from 7 AM to 2 PM starting at 51st Avenue in “The Nations,” which will operate as a “car-free street” during the event.
Tuesday, May 21st is “Give-transit-a-try” day. Those planning on attending the Metro Council Meeting that night are encouraged to arrive using public transportation.
APPOINTMENTS: ITEM G
Council members nominated the following eleven individuals to fill six vacancies on the Metro Human Relations Commission Board, for terms expiring 4/27. Interviews will be held on May 21st with the elections scheduled for the June 4th Council meeting. Council members can nominate anyone they wish to a board vacancy and in this instance, the Council members to the left are nominating persons listed to the right. If you support any of them you should let Council members know. I have highlighted a few people I know personally who would be great for this position.
• Council Member Bradford Garlinda Burton
• Council Member Parker Whitney Pastorek
•Council Member Benedict Dahron Johnson
• Council Member Gregg Heather Riddle
• Council Member Ellis Shane Burkett
• Council Member Weiner Michael Berger
• Council Member Toombs Todd McKinney
• Council Member Vo Ben Tran
• Council Member Kupin Martin Sir
• Council Member Suara Hedy Weinberg
• Council Member Gadd Erin Coleman
Nominees will be interviewed on May 21, 2024, and an election will be held at the June 4, 2024 Council Meeting.
PUBLIC COMMENT PERIOD
Molly Secours: #96- Metro Nashville Arts Commission (Support)
Jack Bagwell: #96- Metro Nashville Arts Commission (Support)
Heather Lefkowitz: #96- Metro Nashville Arts Commission (Oppose)
Warner: #41- Right of Passage Contract with Juvenile Justice Center/Israeli-Palestinian Conflict
Deluthio Latzio: #91- Asian American, Native Hawaiian, Pacific Islander Heritage Month/ Israeli-Palestinian Conflict
6.) (Name?) Party for Socialism: #41- Right of Passage Contract with Juvenile Justice Center/Israeli-Palestinian Conflict
7. Al Comfort Waswinski: 114- Water Line and Infrastructure, Village Green/Israeli-Palestinian Conflict
8. Hall: #96- Metro Nashville Arts Commission (Support)
9. Madeline Lewis: #65- Testing Forensic Biological Evidence/Israeli-Palestinian Conflict
10. Dutch Doorman: #93- April 28 Workers Memorial Day/Israeli-Palestinian Conflict
11. Schmit: #93- April 28 Workers Memorial Day/Israeli-Palestinian Conflict
AMENDMENTS TO RULES
I1.. Amendment to Rule 28 of the Rules of Procedure of the Council by Porterfield
As noted above, and observed during the Public Comment Period, residents were required to link their real concerns about the Israeli-Palestinian conflict to an item on the Agenda, per Council rules. The proposed change to Rule 28, as introduced by Porterfield, would revert to the old public comment rule, allowing any resident to speak during the public comment period regarding any issue of concern to them.
Parker asked Metro Legal if Tennessee law prohibits Metro from holding a public comment period if there are no actionable items on the Agenda and was told this would be okay as stated in Porterfield’s proposed rule change.
Preptit spoke in support of the rule change, stating that the public should be able to ask for redress from this governing body about issues of concern.
Cash also supported the rule change because it would allow the Council to gain exposure to items that may not have been previously addressed. However, he cautioned that the Council should ensure that within the 20-minute comment period they hear from voices they may not have heard from at previous Council meetings.
Sepulveda mentioned that they had robust conversations in committee meetings and identified the need, as per State rule and confirmed by Metro Legal, that they prioritize comments regarding pending legislation on the Agenda before other comments are made by residents.
Sepulveda commented that residents had not abused the public comment period under the past rule and therefor rose in support of the legislation.
Horton expressed concern that this rule change might open the forum up for “all manner of bizarre, obscene, and hateful comments,” especially given the parade of Neo-Nazis recently in the city, and wondered about the implementation of safety guardrails to avoid this. Metro Legal responded that the First Amendment offers broad latitude for what is protected regarding speech so the Council would be hard-pressed to limit that speech.
Kupin indicated support for hearing from residents regarding their issues of concern, even if not related to an item on the Agenda, but also cautioned the Council not to “open the doors” so wide that they allow hateful speech. He read a note from Hill, who is recovering from voice surgery, in which she expressed support for the rule change.
Weiner referred back to 2017 when the Council decided to institute an open comment period, which she supported then and now, but suggested that rather than hearing from people about issues the Council can do nothing about (read: Israeli-Palestinian conflict), she wants to hear about items about which they can rule.
Ellis rose in opposition to Porterfield’s Amendment, saying she worried about its impact on staff time. She went on to say her district members can contact her at any time about any issue of concern, and anyone outside her district can let her know about their concerns.
Preptitt commented that there are limits to First Amendment free speech and asked Metro Legal to opine on this to which Darby responded the law is broad.
Sepulveda shared that in the Committee meeting, members addressed the question of additional staff time and she noted that nothing would change for the staff if the proposed rule change was made. She also said that people are having trouble navigating the public comment requirements given the current rule and that changing it will benefit everyone.
Gamble asked Legal if it was possible to add to the new rule that no hate or violent speech would be allowed. Legal answered that she is willing to research this question. Gamble then asked for a deferral until clarification could be provided by Legal.
Benedict said that if the new rule does not work, the Council could quickly respond and make a change but she trusts the public not to engage in hate speech and she planned to vote in favor of the proposed rule change.
Porterfield mentioned that the proposed rule change had been deferred previously, there has not been an issue of hate speech up to now and asked that there not be a deferral.
The Council voted 27 in favor of the rule change, 7 against, and 1 abstained, as you can see below.
Item # 6: RS2024-386 by Toombs- Exempts 2236 Whites Creek Pike, from the minimum distance requirements for obtaining a Short Term Rental Property - Not Owner-Occupied permit.
Renee Wither Young, who lives one door away from these properties, testified that she opposed the STR exemption because it would lower the value of her property, create havoc in her neighborhood, and be constructed next to a church.
Reverend Lewis Haynes, pastor of the church next to the property in question, spoke in favor of the STR exemption, saying he expects the development to bring economic growth, downplay crime, and drive up property values.
The Developer of the properties in question, Wayne Wallace testified that he is constructing six units, only one of which needed this exemption. He also indicated that Codes told him from the start that this property would be approved for STR.
Toombs explained that she endorses very few STRs in her district but the developer on this one had coordinated with the church and that Codes had told him this property would qualify for a STR exemption.
Allen then asked if Toombs knew whether the properties would continue to be owned by one person so the neighbors wouldn’t have to figure out who to contact if there were an issue. Toombs answered she did not know.
Thirty Council members approved the exception, 1 voted no, and 1 abstained, as noted below.
Item #16: BL 2023-131 by Huffman- Amends Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by canceling a portion of a Planned Unit Development Overlay District for property located at 3910 Central Pike, approximately 240 feet west of Old Hickory Boulevard (2.06 acres), zoned CS.
Huffman explained that this bill takes a weekly rate hotel and turns it into housing for the unhoused, an innovative reuse that he encouraged other Council members to undertake to create more affordable housing. His bill passed unanimously.
Item # 18: BL2024-227 by Huffman and Horton. Changes 1.77 acres from AR2a to CS zoning and 0.07 acres from CS to AR2a on a portion of property located at 4000 Andrew Jackson Parkway, at the northwest corner of Andrew Jackson Parkway and Old Hickory Boulevard (1.84 acres being rezoned of 13.06 total acres ).
Huffman asked for the opening of the public hearing regarding this bill.
The first person to speak was Roy Dale, with Dale and Associates, representing WaWa, Inc., the corporation wanting to construct one of their gas station/convenience stores at the corner of Andrew Jackson Blvd and Old Hickory. He maintained that only a small portion of the property is now in the flood zone.
Stephen Cisco, who lives near the proposed WaWa, stated his opposition to the proposed gas station as there are already 15 gas stations in the immediate vicinity and it is being built on a flood plane.
Steven Shuffman also testified in opposition to the building of a WaWa on this site. He said it would increase traffic congestion in the area, pointing out that Nashville has been designated as having the worst commute in the country and Andrew Jackson is part of this problem.
Steve Chauncy also spoke in opposition to the proposal for a WaWa at this intersection. He pointed out that there are already 15 gas vendors in the Old Hickory Boulevard area and this intersection with Andrew Jackson is already congested. He also asked for more disclosure from WaWa regarding their plans for the site.
Sandy Cisco, who has run the golf driving range at this site for 25 years, objected to the building of WaWa at this location. Although she acknowledged the family has a right to sell the property, another gas station is not needed in the area, and she reiterated that no one has seen the plans so they don’t know what will happen during and after development, particularly as it relates to flooding as there is a creek adjacent to the property.
Huffman made his motion, commentint that WaWa will be a good community partner, offer 24-hour service, additional lighting at a dangerous intersection, an electric charging station, another food option for employees and visitors at the nearby hospital, and land for wildflower planting.
Evans countered that she agreed with all the speakers and her community members have also expressed opposition to the opening of a WaWa at this location so she will be voting against this bill.
Styles countered that WaWa is a great corporate neighbor and she would be supporting the bill.
(NOTE: According to their interactive map, there are NO WaWa’s currently in Tennessee. A quick review of WaWa by Consumer Affairs showed the company received a 2.2 out of 5 for customer satisfaction, as did the Better Business Bureau. Glassdoor rated WaWa 3.8 out of 5.0 from 4,019 reviews, Trustpilot rated them 2 out of 5 from 116 reviews while Yelp gave them 3.4 out of 5 from 11,488 reviews.)
Three Council members voted against the bill, 4 abstained and the remainder voted in favor of passage. The bill will now progress to the third reading, at the next Council meeting.
Item #22 & 23, BL2024-317 &318 by Toombs. Changes from RS10 to SP zoning for 2840 and 2842 Buena Vista Pike, approximately 58 feet east of Mike Shields Court, (3.53 acres) to permit 46 multi-family residential units.
Preston Air asked the Council for a favorable vote on the ordinance.
Laura Schmit spoke against the ordinance, saying they had bought into a residential area of single-family homes but this development would increase traffic congestion on a narrow street with no sidewalks and with a blind corner where she was almost hit and others have experienced accidents. In addition to these infrastructure needs, they don’t have a grocery store or an adequate number of gas stations. Laura added this development will increase the number of recently added rental units to 400 when nothing is selling. She worried about a decrease in the value of her property and concluded adding 46 units on a 3-acre lot was too much.
Toombs asked for a positive vote, commenting that at a community meeting, people expressed concerns about the local infrastructure so she reached out to NDOT to ask that they address the increased density needs of the Buena Vista Pike area. The bill passed on second reading.
Item #27: BL2024-322 &323 by Gregg. Changes from R10 and CL to SP zoning for properties located at 310 and 312 Donelson Pike, approximately 280 feet north of Emery Drive, (2.6 acres), to permit 41 multi-family residential units.
Adam Sager, civil engineer for the project, asked for passage of the bill, noting that a community meeting had been held.
An unidentified woman spoke against the bill, saying that the homes being constructed will be out of reach for the working people in the area, they do not align with the affordable housing goals of the Nashville Next plan, and are not in keeping with the unique qualities of the area. Also, the proposed housing will out-price local people from being able to live in Donelson and exacerbate the number of haves and have-nots in the community.
An unidentified man also spoke against the bill, saying that he owns a house in Donelson that will increase in value from this development but his concern is the whole area, which increasingly looks like a “hodge-podge” because there is no purposeful planning by developers or the Council, which he urges.
Parker commented that he supports this bill and while by law the Council cannot limit the value of the homes built in Nashville, and he doesn’t think the city can build $250-300,000 homes at this time, $400,000 is closer to what he thinks working people can afford.
Huffman rose to support this development as part of the next vestige of change in the city, which has gone through lots of change- a new library is coming in and a transit hub is coming- and urged others to support the bill.
Benedict referenced this project as in the medium housing range, noted it will have access to transit, fits with the higher density goals of the city but is not a high-rise housing unit and instead is a more modest project, which is appropriate for Donelson Pike.
Ellis said that while she will support this project when speaking about missing middle-income housing in the city, it is not about below-poverty rate housing but rather about people who can’t afford to live in the homes they currently have. She reminded her colleagues about the recent SEIU meeting where they discussed affordability and reminded them that some of the language being used is exclusive.
The bill passed unanimously but Henderson reminded the body that there would be a public hearing at the third reading.
Item #39: RS 2024-374. Bradford informed the council that he was going to abstain from his bill although he encouraged his colleagues to vote for it. His reason was dissatisfaction with what the Airport Authority had told him about airport expansion and noise and he is waiting to see how they proceed and whether he needs to introduce another measure. Porterfield and Gadd abstained in solidarity with Bradford although the resolution passed.
#41: RS2024-392 Right of Passage Inc, Juvenile Detention Center contract by Porterfield
The Vote was: 23 For, 3 against (Ginny Welsh, Terry Vo, and Clay Capp), and 4 abstaining (Kimbrough, Harrell, Gadd, Styles).
When I asked one of the Councilmembers why they had voted “No” they informed me that “Rite of Passage” is a for-profit entity and they do not support for-profit prison companies, which began in the US in 1983 when Tennessee first contracted with Correction Corporation of America (CCA), currently known asCoreCivic. ACLU has said that private prison corporations operate on a business model that “depends on keeping prison beds filled… using our tax dollars to fund facilities where corporate profit trumps accountability.” The private company, Rite of Passage currently operates the “Youth Pre-Trial Housing Facility,” at the juvenile incarceration facility.
Previously, the juvenile detention center was operated by Youth Opportunity Investments but as reported in a July 2022 article in The Tennesseean, “Nashville juvenile detention center operator withdraws, prompting emergency contract”
“Youth Opportunity Investments, and its affiliate Youth Opportunities of America, came under fire for conditions at the downtown facility, most notably after four teens escaped custody in 2019… Even after the outcry over the Youth Opportunity's policies, Metro picked the company for a new multimillion-dollar contract to run from 2021-2026. But in May, Youth Opportunity informed Juvenile Court Judge Sheila Calloway that the company would be terminating its contract early, citing a mismatch in goals.”
The Juvenile Court is building a new facility on Brick Church Pike, called the Nashville Youth Campus for Empowerment. “…the NYCE Campus will house resources and agencies that can provide immediate service delivery to families in need” while providing “a center of growth, opportunity, and empowerment for young people in our community from birth through adulthood.”
Item #82: RS2024-433 by Bradsford. This bill is intended to protect the Colemere Building, 1400 Murfreesboro Pike, previously housing Monell’s Restaurant, from being demolished by the Airport Authority without first providing notice to the Council.
Bradford commented that there have been lots of times in Nashville when developers have destroyed historic structures under cover of darkness and his community is concerned because they had not received a firm commitment about the airport plans when they recently met with them.
The bill passed with only one “No” Vote (Hill) and one abstention (Harrell).
Item #84: RS2024-435 by Kupin honoring Keith Durbin, retiring Chief Information Officer and Director of Information Technology Services for Metro, a role he held during the tenure of four mayors. Kupin also mentioned that in 2007 Durbin was the first openly LGBTQI+ elected official in Tennessee when he represented District 18 in the Belmont-Hillsboro area.
Bradford invited other members of the newly formed LGBTQI+ caucus to stand and said that they are Durbin’s legacy, which also includes LGBT judges and State Representatives. He thanked Durban for “walking so they could run.”
Ellis offered tribute to Durban, calling him “a true gem” and said she was grateful for his work, seen and unseen.
Suara thanked Durban for his years of service.
Huffman highlighted Durbin’s IT skills.
The Resolution passed unanimously and every Councilperson asked to be listed as co-sponsors.
Item 86: 2024-347 Glenda Baker Glover Resolution by Taylor. Retiring President of TN State University, Glover was honored for her many years of service.
Suara rose to honor Glover as only one of two people in the country holding the triple degrees of CPA, JD, and PhD. She applauded Glover for all she did to stand up to the State of Tennessee when it became clear they continued to withhold a significant amount of back funding owed to the university.
Styles encouraged every Council member to sign onto the Resolution, which passed unanimously.
Item 88: 2024-439- Resolution by Porterfield to honor Allison Russell (2024 Grammy Award winner for Best American Roots Performance with her breathtaking song "Eve Was Black!"). Porterfield commented that because Russell had not received recognition from the State of Tennessee for her Grammy it was even more important that she be recognized by the Metro Council, saying “She is beautiful inside and out.”
Syles suggested that Russell should be commended for reaching this pinnacle of her first Grammy, with the rise of black people in this genre even though the State of Tennessee did not recognize her achievement.
Suara thanked Russell, commenting that she got to know her when they both did a TED talk and that she is “humble and gifted” and her music “lifts everyone up.”
Item 91: RS2024-440- Resolution honoring Asian American, Hawaiian, and Pacific Islander Heritage Month by Vo. Vo began by noting that in Davidson County there are more than 28,000 residents representing 45 diverse AA ethnicities who speak more than 100 dialects. A recent report found that 38% of Asian Americans felt they did not belong in the US because of hate and lack of representation at high levels across all industries. Vo declared, “You belong, your stories, your heritage and your presence enrich the fabric of our society… Together let us forge a future where belonging is not a privilege but a fundamental right for all.” The Resolution passed unanimously.
Item #93:L 2024-444- National Workers Memorial Day by Sepulveda. Every day over 340 workers lose their lives and over 6,000 endure injuries and illness due to hazardous working conditions according to Sepulveda. She went on to say that it is Black, Laino, and immigrant workers who disproportionately suffer the highest number of injuries. Latinos make up one-third of the construction workers in the State but the State has done little to offer protections to these workers. So, “it is imperative that the Council does everything in its power to protect local workers”. Sepulveda said that during upcoming meetings there will be discussions about worker rights because it is time to start putting “some teeth” to these findings. We have to find “creative ways to protect workers” with upcoming legislation as well as during the budget process. “Hopefully, we can make the city work for our workers.”
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