Metropolitan Council - Regular Meeting

the entire rest of the agenda off by a long amount of time. We know there are a lot of people stuck in traffic. So, I have been asked as the senior member of the committee and the chair of the subcommittee to um begin the meeting and uh open the floor for nominations for someone to run this meeting and until the chair does appear. So, Council Member Benedict, do you have a nomination? Thank you. Uh Council Member Allen, I nominate you. Thank you very much. Is there a second? Can I ask for the vote? All right. Uh, are there any other nominations? Won't hurt my feelings. Okay. If not, let's close the nominations. All those in favor say I.

Any opposed? All right. Uh, that one's taken care of. We'll we'll get going. So, with um without objection, I will do whatever.

I will open public comment. Pursuant to council rule 28, the public comment period at committee meetings is limited to items that appear on the committee agenda or related to the committee. All public comment speakers must present proof of Tennessee residency. At this point, I do not see any names that have signed up. Is there anyone in the gallery that would like to speak during public comment? Seeing none, we will close the public comment period officially with the gamble and we will move on to resolutions. Is there a consent agenda? Okay. All right. Uh, council has suggested that the consent agenda consists of every item on the agenda except for item one, which is RS2022, RS20261 1954, and item 16. And here comes the real chair. So, we'll let her take over shortly, soon as she's ready. Um, are there any other items that need to be pulled from the consent agenda? If not, I will begin reading captions until the chair arrives and then I will let her take over and other items can be taken off if needed to. Are you here?

All right. You can read yourself. There you go. Starting with Thank you. Bad day not to take a bike. Yeah. Is that yours? Yeah. Oh, no. That's okay. Which ones aren't on consent? One in 16.

One in 16. RS20261 1979, a resolution approving amendment one to the participation agreement between the Nashville Department of Transportation and multimotal infrastructure INDOT and GS Gallatin Pike owner apartments owner LLC a Delaware limited liability company for the construction of a sidewalk in front of 1401 Gallatin Pike. Sponsors Web Tombs and Evan Seagull. Item number three, RS20261980, a resolution approving amendment number one as a sole source contract between the Metropolitan Government of Nashville and Davidson County and New Orin Systems, Inc. to increase the value for the National Department of Transportation Multimodal Infrastructure sponsors Tombs and Evans Seagull. Item number four, RS20261 1981, a resolution authorizing Smiley Aesthetics LLC to construct and install an aerial encroachment at 4912 Charlotte Avenue. Sponsors Gad, Horton, and Evan Seagull. Item number five, RS20261982, a resolution accepting the terms of a cooperative purchase master agreement with the Marathon Equipment Company for bulk solid waste and recycling equipment for the Metropolitan Government of Nashville and Davidson County Department of Waste Services, sponsors tombs, Evans, Single Gad, and Welsh. Item number 6, RS2026 1983, a resolution approving joint funding agreement number 26 MLJF A NDA083 between the United States Department of the Interior, United States Geological Survey and the Metropolitan Government and Ashlin and Davidson County through the Department of Water and Sewage Services for the continued operation and maintenance of water quality monitors and flood warning gauges from FY2027 through FY2031 on Mil Creek, Drag Creek, Browns Creek, Richland Creek, Whites Creek, Submile Creek, Manser Creek Stones River and Cumberland River sponsors tombs Evans Seagull Gad and Welsh. Item 7 RS2026 1984 a resolution to amend ordinance number BL 2022 1796 as amended to authorize the metropolitan government in Ashlin and Davidson County to increase the funding for the acquisition of properties for the Dry Creek WRF flood mitigation system project sponsors tombs

and Evans Seagull. Item number eight, RS20261 1985, a resolution approving the transfer of control and management of a parcel of property and improvements to the department of water and sewer sewer services and authorizing the department to make a onetime payment to the metropolitan government in the amount of 6,240,000 on account of such transfer sponsors Coopin Tombs Horton and Evan Seagull. Item number nine, RS20261 1986, a resolution approving amendment number one to a soul source contract between the Metropolitan Government of Nashville and Davidson County and Guthri Sales and Services Company, Inc. for the provision of SSI aation, Lummen, Brentwood Industries, Polycam, General Robert Products, Parts and Services for the Department of Water and Stewart Services, sponsors Tombs and Evan Seagull. Item number 10, RS20261 1987, a resolution repealing resolution number RS20251583, approving a participation agreement between the Metropolitan Government and Nashville Dson County Act and by through the Metropolitan Department of Water and Sewage Services and Elmington Capital Group to provide improved public san through the design and construction of sanary sewer improvements and refund collected funds. Sponsors Tombs and Evan Seagull. Item 11, RS20261988, a resolution accepting the terms of a cooperative purchasing master agreement with Enviride LLC for sewer inspection equipment for the Department of Water and Sewage Services, Sponsors Tombs, and Evan Seagull. Item 12, RS20261 1989, a resolution to amend ordinance number BL20 221236 to authorize the Metropolitan Government of Nashville and Davidson County to modify the abandonment of existing public water mates and the acceptance of new public water maids and fire hydrates for the property located at 39th Avenue North and numbered sponsors Taylor Horton and Evan Seagull. Item 13, RS20261 19990, a resolution authorizing the metropolitan government of Nashville and Davidson County to abandon existing public sanitary sewer main and sanitary sewer manhole and to accept new public water and sanitary sewer mains, fire hydrant assemblies and sanitary sewer main holes for property located at 329

Ben Allen Road, also known as Oage Arbor at Broadmore. Sponsors Parker Horton and Evans Seagull. Item number 14, RS2026 1981, a resolution authorizing the Metropolitan Government of Nashville and Davidson County to abandon existing public water main and fire hydrant assembly and to accept new public water main and fire hydrant assembly for property located at 501 South 2nd Street, also known as Shelby Avenue, WL relocation, sponsors Coopin, Horton, and Evan Seagull. Item 15 RS2026 1992 a resolution to amend ordinance number BL20261244 to authorize the metropolitan government in Nashville and Davidson County to modify the acceptance of new public water and sanitary who remains and easements for two properties located at 3124 Murph Pike and 3201 Hamilton Church Road also known as Antioch 15 phase 1 sponsors Herel Horton and Evans Seagull. Item number 17, BL2026 1372, an ordinance authorizing the Metropolitan Government of Nashville and Davidson County to acquire permanent temporary easements through negotiation and acceptance for two properties located 6937 Nolanville Road and Rocky Fork Road numbered in Bwood, Tennessee for the Nolanville truck sewer project. Sponsors Horton and Evan Seagull. Item 18, BL2026 1373, an ordinance authorized the metropolitan government of Nashville and Davidson County to abandon existing public sanitary sewer man, fire hydrant assembly and sanitary sewer manholes and to accept new sanitary sewer main fire hydrant assembly sanitary sewer manholes and easements. There are two properties located at 1205 and 1223 Third Avenue North, also known as Third and Madison Town Homes phase 1 sponsors Coopin Horton and Evan Seagull. Item 19, BL2026 1374, an ordinance authorizing the Metropolitan Government of Nashville and Davidson County to accept new public sanitary sewer mans sewer manholes and easements for property located at 508B Southgate Avenue, also known as 508 and 510 Southgate. Sponsors VO Horton and Evans Seagull. Item 20 BL2026 1375 an ordinance authorizing the Metropolitan Government of Nashville and Davidson County to accept new public water main and sanitary sewer mains fire hydrant assembly sanitary sewer main holes and easements for property located at 401c friendship drive also known as Kings

Lane SP officers Horton and Evan Seagull. Item 21 BL 2026 1376 an ordin ordinance accepting and appropriating public water system settlement funds from Tao Fire Products LP and Kimgard Inc. to the Metropolitan Department of Water and sew sewer services sponsors Tombs and Evans Seagull. Is there anything else that needs to come off consent? Yes. Oh, there you go. Thank you, Madam Chair. Um RS 2026 1984, that's item seven.

Okay. All right. Anything else that needs to come off consent? Seeing none, can I get a motion? It's been moved and seconded. All in favor say I. Any opposed? Any not voting? That's eight in favor, zero against, and zero not voting for items on the consent agenda. All right. Item number one, RS20261 1954, a resolution expressing a lack of confidence in the performance and leadership of electric power board and the metropolitan government in Nashville and Davidson County for its failures during wintertorm burn sponsor styles. Can I get a motion?

Oh yes, since council Okay. Um, it's been moved and seconded. Uh, before we have discussion, just believe everybody um on the committee knows, but for those not on the committee, we will have a specially called meeting on June 11th at 400 p.m. Um, we're looking at the jury assembly room because I think that sponsors better dialogue than up here where we're all like turning and pivoting and there's nowhere to sit and it gets really awkward really quickly. Um, so just wanted everybody to know about that before we get into discussion here. Our selves, council member Allen and then council member Benedict. Thank you, Madam Chair. I'd like to move for an indefinite deferral uh in response to the fact that they have agreed to meet with us or at least to send a representative and that we do have other uh resolutions and bills that are that are pending that ask for specific information and I think have more actionable and useful um responses. I know you know that the wintertorm form fern was a big deal to many people um and that it's important that we learn from that and do better. And I feel like that that process is happening and I don't feel that this adds um additional uh productive discussion to the to the process.

Okay. There's been a motion for an indefinite deferral. Is there a second? It's been moved and seconded. Um Council Member Benedict, you were in the queue before. Do you want to remain in the queue? Okay. Does anybody have anything further to say? Council member Parker, then Council Member Cash. Um first just a brief question for council. Um is it is a recommendation of indefinite deferral by this committee is that binding on the floor.

Uh council member in this procedural posture no it would not be binding on the floor. Uh the uh rule 8.2 two states that a resolution over the objection of the primary sponsor uh with a twothirds vote from a committee would be binding without debate or discussion. The SP uh Council Member Styles is not here today and um and would not object at this point. There there's no objection at this point. If the primary sponsor though is not here, what if the secondary sponsor is here and objects?

Uh the rule specifically mentions the primary sponsor. Well, if if I if I may ask another procedural question. Um, this has been deferred one time by committee vote. Can it be deferred one additional time or two additional times by committee?

Uh, council member, the committee could uh defer this one meeting in a in a binding manner as long as um Yeah. Yeah. Um it is a one any sorry rule 8.1 states that a resolution with a committee recommendation deferral of one meeting from any committee from which it is referred shall be deferred without debate or discussion. Uh you can only do that twice. This has been deferred once.

Okay. Well, that's I'm a little bit I'm not sure what's the best thing to do here because I I I I would rather not um have this come up on the floor and now that we've got I mean the the board has agreed to meet with us and I think that we should definitely like acknowledge that and sort of um have a a positive posture toward that and I I don't want I guess what I'm struggling with the indefinite deferral is it not being binding and I'm worried that that would lead to a whatever on the floor um Whereas if we did a one meeting deferral, that would get us just to the meeting on June 2nd and not to the 11th. So I'm not sure what the most appropriate thing for the committee is to do here. Um you know, I guess I'm I'm going to stop talking and see what what other folks think. Chair, thank you.

Okay. Thanks. Um we have Council Member Cash, then Council Member Spain, then Council Member Benedict. Um, I would kind of jumping off of what Councilman Parker said, I would really prefer that we not do something that results in an automatic deferral in this committee. If it ends up in in the full chamber being a one meeting deferral, I think that's fine. This is the second time that's come up and the sponsor or a sponsor has not really been here to speak to it and I kind of don't want us to keep bypassing the um the sponsor in the full council and this you know moving a one meeting deferral would correct me if I'm wrong would preempt that the sponsor from being able to speak to the bill whatsoever. Correct.

Oh no. Sorry. I thought I left you on. Uh that's correct, council member. U a one meeting deferral would be binding and there would be no discussion on the floor.

Yeah, that we did that once and I and I I don't know that the sponsor has been able to speak to to her bill and I kind of want to I was okay with that last time, but I kind of would like to afford her the opportunity to to speak to the bill. So I would I'm going to stick with the uh indefinite deferral motion. I'd also like to I want to clarify something um that I heard council member Allen say. So, the the meeting that's coming is that you've scheduled and thank you for that. I look forward to it. Um, I felt like I heard council member Allen say that the board or a representative. Is that Did I miss something there? Who who is who is supposed to who is confirmed for this meeting?

Um, so my understanding is that we have confirmed that some board members will be there. NES is here though and I don't know if if they feel comfortable sharing if it's all or some or a representative. Um I I don't want to put them on the spot and this is we have been working diligently to schedule it and they have I will say responded very timely. So if they don't have an answer today that that's okay too. I just want to make sure they know that as well. You're recognized. Hi Laura Smith with Nashville Electric Service. Board member Ian Prunty will attend the special meeting and uh chair Anne Davis has been engaged and sent out a communication to the council earlier today.

Does that answer your question? That uh it clarifies what I wanted to know. Yes. Thanks, Council Member Spain.

Thank you, Madam Chair. Just sort of continuing the the previous line of thought. I I I agree that having this conversation on the floor is premature given the the meeting that you've scheduled. Um if if the will of this committee is an indefinite deferral, even if that's not binding, I I believe this resolution is also referred to rules tomorrow. So that would put us in the same position when we get to rules tomorrow and that committee would have the same options whether or not to do an indefinite deferral, whether or not the sponsor is present or a one meeting deferral as an automatic. I I'm not sure that helps, but it's just a just a thought. All, right. Thank you, Council Member Horton. Uh, Council Member Benedict, then Council Member Horton. Apologies.

Thank you, Chair. Um, so I originally wasn't going to speak on the indefinite deferral. I was uh planning um on moving a one meeting deferral, but I think that having this conversation is important. I had similar concerns as Council Member Parker um in, you know, proceed in the procedure for tomorrow. What I do like is that we're all talking about a deferral. So that's good. Um I guess given the timing of that meeting, uh I too am struggling with a one meeting deferral and I do like the information that council member Spain just mentioned about it going to another committee tomorrow. I I sus because the because I've signed on as a sponsor in order to get the bill in front of us or resolution in front of us two times now. Um and then I've subsequently or last time come off as a sponsor. I think it's important for the sponsor to at least come and let us know what's up. Um pardon my French. What's up is a technical respectful term on the council floor, I guess. Um what's that? I've heard I've heard I think horses

was uh um anyway um I think an I I'm leaning towards the indefinite deferral. That sounds like it's probably the right thing to do procedurally um in this committee. Again, I wish the sponsor were here to be able I mean it's you know I prefer that when somebody's sponsoring a bill that they come in front of us to let us know what's going on. Um, but I guess you know leaning towards the indefinite deferral seems like the right thing to do in this committee. Um, so that's where I'm at right now.

All right. Thank you. I council member Horton, I will be there in one second. I have a question for council office which is um do do we know was the primary sponsor specifically made aware that this was before committee or was it just a part of the committee reports that typically go out to council members? Uh chair, there was not a specific communication to the council member. However, uh it the committee referrals were noted in the agenda in a separate communication that went out to all council members where there is a list of every committee and every member that is on uh that that has legislation on that agenda. There was also the committee report.

Okay.

Thank you. Um Council Member Horton and then Council Member Cash. Thank you, chair. Um I I would favor a one meeting over an indefinite um deferral given that it's binding. I think as we mentioned previously, I think this is premature to opine on this legislation until um our friends from NES can come and speak with us. I think um to council member Cash's point, I mean a one meeting deferral here does not preclude the sponsor from discussing the legislation. um she's continued to free to join us here in in committee as would be as would customarily be the case. So I would favor a one meeting over an indefinite deferral and invite um the sponsor to join us in committee to discuss uh the resolution.

Right. Council member Cash, then council member Coopin, I just wanted to add that at the last um council meeting, I did discuss with council member Styles what had happened in this committee. Um, so she was aware that it came before this committee then and and knew that it was a a one meeting deferral. Okay. Council member Coopin. Thank you, Chair. Question for the council office. Um, was did the sponsor send in any sort of letter to request approval or any communication about the bill? No, no letter was submitted on this matter.

So, I would also support a one meeting deferral. I think that um if the sponsor is not here to discuss it or to support or oppose a indefinite deferral um I would support in this committee just saying we we'll we'll defer it till next time and hopefully the sponsor would show up for that meeting um before making a determination on an indefinite deferral or not. Appreciate that NES is um being incredibly responsive coming for for that special meeting. Um and so this would be in my opinion premature to to vote on and with the sponsor not here I would just support a one meeting deferral um and take it up next time. So are are you I guess we still the motion before us is a motion to indefinitely defer

then I would like to move for a one meeting deferral. Okay. And you can't can I do I'd like to So it doesn't supersede in committee but it does on the floor and council meetings.

Uh yep. So wouldn't it the proper motion be to move to amend the motion? Uh uh that would be a valid motion from the parliamentary to re inquiry perhaps. Yes, that would be a valid motion. All right. Any further council member Coopin could I chair could I move to amend the motion from an indefinite deferral to a meeting deferral? Is that is that I understand that correctly? All right. Yes, I'd like to make that motion. Seconded. Is there um any discussion on the motion to defer one meeting?

Okay. I I Oh, Council Member Allen, sorry, you were like I looked up. I I was kind of still looking over here and yeah, thank you. Um I will support that. I appreciate the thoughts that are going here and I think discussion is good. I will say I am I am a little frustrated with the sponsor who doesn't at least send a letter with instructions on on what to do. If if um if she cares enough about this bill, I I feel like that's that's how our system works. Um but if uh if the group feels like this is important, then I I will, you know, accept that as a friendly and constructive amendment and go along with the gang.

Okay, we have council member cash, then council member Parker. Uh, I just I had said I was going to support the indefinite deferral. I have been convinced that this is the better motion and we'll support it. Okay. Council member Parker.

Thank you, Chair. Um, yeah, I'm I'm in support of a one meeting deferral. Um, you know, it it's got to have a committee recommendation. and if we don't put something binding on it then um nothing against rules but this committee is sort of the subject matter experts for the content of this resolution. So I don't think it would be appropriate to for us to issue a non-binding recommendation and then if the sponsor were to appear at rules and secure a recommendation for approval um then I don't think that would be appropriate. So um I I'll support the one meeting deferral.

Okay. Um thank you. Uh I don't see anybody else who wishes to speak. I guess I would just also add that if sponsor continues to not show up, I would just like the sponsor to know if she's watching this that nobody has to sign on and um we don't have to take it up and neither would rules. So um with that the motion on the floor is a motion to defer one meeting. All in favor say I. I.

Any opposed? Any not voting? That's nine in favor, zero against and zero not voted. All right. Item seven.

Oh, you're right. Sorry. I just we had talked about it so much that I just thought we were already there. Is there any discussion on the motion to defer one meeting? I was like really like what no no. Okay. All in favor say I. I.

Any opposed? Any not voting? Says nine in favor, zero against zero not voting to defer one meeting. All right. Item number seven, RS 202261984 resolution to amend ordinance number of BL20231796 as amended to authorize the Metropolitan Government of Nashville and Davidson County to increase the funding for the acquisition of properties for the Dry Creek WRF flood mitigation system sponsors Tombs and Evans Seagull. Can I get a motion? It's been moved and seconded. Council member Allen, I believe you pulled this.

Yes, thank you, Madam Chair. Um, just I mean I think all these buyouts are good and that's a a great idea. I just because there weren't any appraisals immediately available, I started poking around on parcel viewer and discovered that two of these properties changed hands in 2023 and 2020. And so my question is why are we allowing people to buy and sell land in flood planes when we know we're going to have to buy them out and that just raises the price.

Um is I I see some folks from water back there. Is there somebody who Good evening, Mary People's Metro Water Services. I have Aaron Thomas at the from the Dry Creek uh reclamation facility to address your question.

Thank you. I think that is a great question. Unfortunately, I don't have the answer for that, but I do know that we got another appraisal after it changed hands. We did have a consultant that threw out some of the um sorry I'm drawing a blank here, but uh looking at when they when they have an appraisal, right, they look at what are common properties with with a similar land use and they threw out some of those where they said, "Hey, you can't just sell this and increase the value." So, they only looked at their disc comps. They only looked at comps that were relevant and threw out some of the irrelevant comps. So we we were looking at that in terms of not allowing land to just increase in value because you turned around and sold it to an LLC. So that was a really interesting response. Thank you. Um Council Member Allen, anything further? Um, I guess I would just again ask, we have flood planes that show where I mean it's it's very clear on the on the map and at one point I thought that meant you just couldn't buy property there. You were stuck with it if you owned it. But just if we can get us one more clarification, there is no prohibition on buying property in a flood plane with the intent to develop it. You just have to move things around to ensure that it will still store the same amount of water is my understanding. Is that correct? Yeah. No, that that's a great great question. So, um the property was only in I believe only a portion of the property was in in the flood plane. So, if my memory serves correctly without looking at the map, I think the actual business was outside of it. The portion that we are buying is in the flood plane. Um and it's so that we can relocate the stream for the construction of the flood wall to be able to protect

the plant. And so that's why we're subdividing out that portion of the property and buying um flood planes so that we can then then turn deed it back over to the US Army Corps for a flow easement. And so the portion that we're buying is flood plane. Yes. But it's for the purpose of a flow easement um and for those easements for the stream itself. I think that probably was the answer you were looking for. Yeah. Um any further question? Council member Benedict.

Thank you, Chair. I guess this line of questioning makes like let's go down another line. Um, is there a way that we can prohibit the private transfer of property? I Well, uh, I mean, we could ask water that question, but no. I wonder if our maybe council could council. Uh, well, I'll let I think you probably have an answer for that. Uh, council member, no, that would not be possible. Thank you. Yeah. All right. Any further discussion? All right. Seeing none, all in favor say I.

Any opposed? Any not voting? It's none in favor, zero against, zero not voting to approve. Item 16, BL2026 1356, an ordinance amending chapter 224225 of the Metropolitan Code of Laws to modify appraisal requirements for certain real estate acquisitions made by the Nashville Department of Transportation multimodal infrastructure and for choose how you move projects. Sponsors Tombs, Evans Seagull, and Benton. Can I get a motion? Can I get a motion?

Can I get a second? All right. It's been moved and seconded. I believe the administration wanted to defer this one more meeting. Um could I get a motion to defer? All right. It's been I we have a motion to defer one meeting which has been properly seconded. Um I think just to let everybody know that is because right now the cap that is in this um bill before us neither matches sort of what we just went through with metroleal when it comes to settlement nor the rules around federal and state money. And so they're working on that to align all of those caps so that they make sense together and that they're not all kind of different and out there and doing weird things. So um are there is there any further discussion on this? Right. All in favor of a one meeting deferral any opposed any not voting? That's nine in favor zero against and zero not voting. All right. That is all we have on the regular agenda today. Does anybody have any updates that they want to share? Okay, I would just remind everybody it's graduation week, so be careful on James Robertson. They're going to be kids and families and pictures everywhere. Journed. This has been a service of the Metro Nashville Network. If you would like to see this presentation again or for more information on this and other programs, visit nashville.gov.