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Metropolitan CouncilPROPOSED LATE-FILEDRESOLUTION, SUBSTITUTERESOLUTION, AMENDMENTS TOORDINANCES, AND SUBSTITUTEORDINANCE TO BE FILED WITHTHE METRO CLERKFOR THE ADJOURNED COUNCILMEETING OFTUESDAY, APRIL 23, 2019
LATE-FILED RESOLUTION NO. RS2019-A resolution opposing Governor Bill Lee’s proposed Tennessee EducationSavings Account program currently pending before the Tennessee GeneralAssembly.WHEREAS, in his State of the State Address delivered March 4, 2019, Governor Bill Lee proposed anEducation Savings Account (ESA) program in Tennessee, stating that the program “will strengthen publicschools and provide choices for parents at the same time”; andWHEREAS, under the proposed plan, families in Tennessee would receive 7,300 public dollars -- in theform of a voucher -- to use for private schools and a variety of educational services and suppliesincluding uniforms, transportation to private schools, online courses, tutoring, or homeschool curriculums;andWHEREAS, the plan would allocate seventy-five million dollars ( 75,000,000) over the next three years tobegin the program, and could eventually cost taxpayers as much as one hundred twenty-five milliondollars ( 125,000,000) by 2024; andWHEREAS, in addition, the proposed legislation instructs the Tennessee Department of Education toverify the student’s legal status in Tennessee, prompting legal concerns regarding the constitutionality ofthis provision following a 1982 United States Supreme Court ruling which declared that students whoenter the United States illegally cannot be denied a public education; andWHEREAS, increasing public concern is emerging over whether low-income families in Tennessee wouldbe left to compete for private school seats with families that have significantly more money, and that thisESA program will divert taxpayer money away from public schools; andWHEREAS, research shows that in Arizona, 75 percent of all ESA funding is used by affluent families; andWHEREAS, the proposed Tennessee ESA program establishes a high income level threshold -approximately twice the federal earnings limit to qualify for reduced-price school lunches -- promptingfurther concerns that middle-class families, not low-income families, will be the primary beneficiaries ofthe program; andWHEREAS, new research suggests that private school vouchers may in fact harm students who receivethem and place voucher students at risk for falling behind their peers in traditional public schools; andWHEREAS, studies of school voucher programs in Indiana, Louisiana, and Ohio found that students whoused vouchers to attend private schools fared worse academically compared to their peers attendingpublic schools -- particularly in reading and math; andWHEREAS, ESA programs in other states have been plagued by abuse and fraud, leading to significantlosses of taxpayer dollars; andWHEREAS, this new program could have unexpected and negative impacts upon Tennessee’s studentsand taxpayers. Before enacting the proposed Education Savings Account program in Tennessee, thoroughresearch regarding the effectiveness and sufficiency of school voucher programs should be conducted.NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OFNASHVILLE AND DAVIDSON COUNTY:Section 1. That the Metropolitan Council hereby goes on record as opposing Governor Bill Lee’s proposededucation savings account legislation currently pending before the Tennessee General Assembly.001
Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to House Speaker GlenCasada, to each member of the Davidson County Delegation to the Tennessee General Assembly, and toGovernor Bill Lee.Section 3. That this Resolution shall take effect from and after its adoption, the welfare of TheMetropolitan Government of Nashville and Davidson County requiring it.INTRODUCED BY:Member of Council002
SUBSTITUTE RESOLUTION NO. RS2019-1667A resolution encouraging the Metropolitan Nashville Police Department andthe Nashville Fire Department to recruit new officers and employees fromlocal schools and institutions and to further incentivize new recruits to committo residing in Envision Cayce for a minimum of five years.WHEREAS, the Metro Nashville Police Department (MNPD) lost four hundred eighteen (418) employeesover the last two years by reason of retirement, resignation, dismissal, and death; andWHEREAS, the Nashville Fire Department (NFD) similarly lost ninety-three (93) employees during fiscalyears 2016 and 2017; andWHEREAS, Nashville and the surrounding area is home to a multitude of state and community colleges,including Tennessee State University, Nashville State Community College, Volunteer State CommunityCollege, and Middle Tennessee State University; andWHEREAS, students from the aforementioned Colleges and Universities, particularly those receivingdegrees in criminal justice and/or law enforcement, would make excellent police officers and firefighters;andWHEREAS, it is proper for the Metropolitan Council to encourage the MNPD and NFD to recruit and hirefrom local schools; andWHEREAS, in the spirit of community policing, new recruits should also be incentivized, perhaps througha housing allowance or student loan forgiveness program, to commit to living in Envision Cayce for aperiod of five years, subject to Metropolitan Housing and Development Authority eligibility requirements.NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OFNASHVILLE AND DAVIDSON COUNTY:Section 1. The Metropolitan Council hereby goes on record as encouraging the Metropolitan NashvillePolice Department and Nashville Fire Department to recruit new employees from schools in or nearNashville.Section 2. The Metropolitan Council further goes on record as encouraging the Metropolitan NashvillePolice Department and Nashville Fire Department to incentivize new recruits, perhaps through a housingallowance or student loan forgiveness program, to commit to living in Envision Cayce for a period of fiveyears, subject to Metropolitan Housing and Development Authority eligibility requirements.Section 2. 3. This Resolution shall take effect from and after its adoption, the welfare of The MetropolitanGovernment of Nashville and Davidson County requiring it.INTRODUCED BY:Sharon HurtMember of Council, At-Large003
AMENDMENT NO.TOSUBSTITUTE ORDINANCE NO. BL2019-1518Mr. President –I move to amend Substitute Ordinance No. BL2019-1518 as follows:I. By amending Section 5 by deleting it in its entirety and substituting therefore the following:Section 5. That Section 6.81.100 of the Metropolitan Code of Laws shall be amended by deletingit in its entirety and replacing it with the following language:“6.81.100 Vehicle Requirements and DamagesVehicles being used by operators to assist in the operation of a vehicle immobilization servicemust display on each side, in plain view, the name of the vehicle immobilization service, and thetelephone number of the vehicle immobilization service. If the vehicle immobilization servicerelies upon a third party, such as a call center or local vendor, to answer telephone calls, thetelephone numbers of all such third parties must also be displayed. The lettering shall be in acontrasting color to the color of the vehicle, or if a vehicle magnet is used, the lettering shall bein a contrasting color to the color of the magnet. The lettering shall be at least 1.5 inches inheight.A vehicle immobilization service must maintain a 24-hour a day, 365 days per year phonenumber that is staffed by a live operator to communicate immediately with a driver of a vehiclethat has been immobilized by the vehicle immobilization service.In the event that the application of a vehicle immobilization device damages a vehicle, then thevehicle immobilization service or operator must pay the cost of repairs for that damage.It shall be unlawful for either a vehicle immobilization service or an operator to immobilizevehicles at any off-street parking facility, vacant lot, or other private property without having avalid written contract specifically for such services entered into with the private property owner,lawful lessee, managing agent or other person in control of the property.”II. By amending Section 9 by deleting it in its entirety and substituting therefore the following:Section 9. That Section 6.81.170 of the Metropolitan Code of Laws shall be amended by deletingsection E and replacing it with the following language:“To fail to respond and arrive to a booted vehicle to remove the boot within the lesser of onehour of being contacted by the owner or operator or within 10 minutes of the estimated timerequired for arrival as posted on the permanently affixed sign; or to fail to remove the bootwithin 15 minutes after full boot removal payment has been received.III. By amending Section 11 by deleting it in its entirety and substituting therefore the following:004
Section 11. That Section 6.81.180(a) of the Metropolitan Code of Laws shall be amended by deletingit in its entirety and replacing it with the following language:“No boot shall be placed on a vehicle parked on private property unless a permanently affixedsign measuring not less than twenty-four inches in height and eighteen inches in width is placedat the property’s intended ingress/egress. All signage must be inspected by the TLC staff withinseven days of installation and must bear a decal affixed by TLC staff to indicate compliance afterinspection is complete. The TLC Director may, if necessary, require additional signage fornotification.Such signs shall include the following information in red lettering on a white background:Parking Policy Strictly EnforcedViolators will be Booted or Towed at Owner’s Expense 75.00 Maximum Booting fee[Name and 24-hour phone number of booting and/or towing company, including all callcenters, local vendors, and other third parties relied upon by the company to answertelephone calls]The estimated period of time within which the booting and/or towing company will arrive toa booted vehicle after contact by the vehicle owner or operator.INTRODUCED BY:Erica GilmoreMember of Council, At-Large005
SUBSTITUTE ORDINANCE NO. BL2019-1526An Ordinance amending Metropolitan Code Chapter 6.80 to require commercialparking lots to the display of certain signage if towing and relative to the towingof unauthorized vehicles.WHEREAS, towing is a common practice in private parking lots across Nashville; andWHEREAS, while many parking lots post the contact information for towing companies, there is norequirement to do so, which can lead to confusion for owners of vehicles which have been towed; andWHEREAS, the Metropolitan Nashville Police Department (MNPD) resources may be impacted if owners oftowed vehicles are unaware that their vehicles have been towed, who often call the MNPD to report astolen vehicle; andWHEREAS, required signage would assist in notifying owners of towed vehicles of the location of theirvehicle and the appropriate party to contact while limiting the need to involve the MNPD and conserveresources related to public safety.NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OFNASHVILLE AND DAVIDSON COUNTY:Section 1. That Metropolitan Code Section 6.80.195 is hereby created with the following language:6.80.195 - Signage—Unpaid parking violations.A. No vehicle parked at a commercial parking lot shall be towed unless a permanently affixedsign measuring not less than twenty-four inches in height and eighteen inches in width isplaced at all points of vehicular ingress to the lot, which sign shall include at least thefollowing information in red lettering on a white background:Parking Policy Strictly EnforcedViolators will be Towed at Owner's Expense[Name and 24-hour phone number of towing company]No towing shall occur from a private parking lot unless a permanently affixed sign measuringnot less than twenty-four inches in height and eighteen inches in width is placed at theproperty’s intended ingress/egress. All signage must be inspected by the TLC staff withinseven days of installation and must bear a decal affixed by TLC staff to indicate complianceafter inspection is complete. The TLC Director may, if necessary, require additional signagefor notification.Such signs shall include the following information in red lettering on a white background:Parking Policy Strictly EnforcedViolators will be Booted or Towed at Owner’s Expense 75.00 Maximum Booting fee[Name and 24-hour phone number of booting and/or towing company].B. Such signs shall be not less than forty-two and not more than seventy-two inches from theground.C. If a vehicle parked at an unattended commercial parking lot is towed for failure to pay therequired parking charge, the owner or operator of the unattended commercial parking lotmay require the owner of the vehicle to pay the applicable towing fee plus all unpaid parkingfines in order to have the car returned.Section 2. That Metropolitan Code Section 6.80.452 is hereby created with the following language:006
6.80.452 – Towing of unauthorized vehiclesA. A licensee may tow an unauthorized vehicle from private property only upon the approval ofthe owner of the private property or the agent of lessee of the owner.B. If a licensee tows an authorized vehicle in violation of this section, the licensee shall providea full refund to the vehicle owner or operator for any towing fee paid, plus fifty dollars.Whether a violation of this section has occurred shall be determined by the MTLCSection 23. This Ordinance shall take effect from and after its adoption, the welfare of The MetropolitanGovernment of Nashville and Davidson County requiring it.INTRODUCED BY:Kathleen MurphyMember of Council007
AMENDMENT NO.TOORDINANCE NO. BL2019-1531Mr. President –I move to amend Ordinance No. BL2019-1531 as follows:I. By amending Section 3 by deleting it in its entirety and substituting therefore the following:Section 3. Be it further enacted, that the uses of this SP shall be limited to a maximum of10 multi-family units. The following uses shall be specifically prohibited: short term rentalproperty (STRP), owner occupied, and short term rental property (STRP), non-owneroccupied.II. By amending Section 4 by adding the following condition:12. This property shall not be eligible for short-term rental property (STRP) permitsunder Chapter 17.16 of the Metropolitan Code of Laws. No Short Term RentalProperty (STRP), Owner Occupied, nor Short Term Rental Property (STRP), NonOwner Occupied, uses shall be permitted.INTRODUCED BY:Colby SledgeMember of Council008
AMENDMENT NO.TOORDINANCE NO. BL2019-1540Mr. President –I move to amend Ordinance No. BL2019-1540 as follows:I. By amending Section 4 by deleting the first sentence of proposed Section 17.36.540.C.3 in itsentirety and substituting therefore the following:3. Primary Facades shall be at least 75% brick, brick veneer, stone, cast stone, and/orarchitecturally treated concrete masonry units.INTRODUCED BY:Burkley AllenMember of Council009
including uniforms, transportation to private schools, online courses, tutoring, or homeschool curriculums; and . WHEREAS, the plan would allocate seventy-five million dollars ( 75,000,000) over the next three years to . Louisiana, and Ohio found that students who used vouchers to attend private schools fared worse academically compared to .
