Senator Steve Dickerson guest speaker at Caffeinated Conservatives tomorrow.

Who: TN State Senator Steve Dickerson
What: Caffeinated Conservatives meeting.
When:  Saturday November 15th from noon - 2 PM
Where: Uncommon Grounds in Old Hickory Village (1053 Donelson Avenue, 37138)

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What Happened at the November 4th Council meeting: The Short-Term-Rental and No-Raise-for-the-Mayor-or-Council meeting.

Metro Council meetings are really boring if you don't know what the council is voting on.  To get a copy of the council meeting agenda and staff analysis and my analysis follow this link. This is a long meeting at almost 3 1/2 hours long. I will point out the important parts.

The first part of the video is announcements and the Council meeting starts at time stamp 0:20:20.

The first order of business is confirmations of appointments to boards and commissions and they are all approved by voice vote without discussion as they always are. One of the appointments is to the Human Relations Commission, an agency in my view that should be abolished. The Human Relations Commission sponsors a youth pavilion each year at the Nashville Gay Pride Festival. If I were in the Council, every time someone was appointed to that board, I would ask them if they support that; if they do, I would vote against them.

Bills on Public hearing start at 0:24:08. I did not watch all of the bills on public hearing but I skimmed them and the only ones of interest to me were the ones below. Most bills on public hearing  are zoning bills that only interest nearby neighbors of the proposed rezoning.

BILL NO. BL2014-896  is the first bill on public hearing. It rezones 238 acres in east Nashville to allow accessory dwelling units on properties in the rezoned area. I think rezoning like this is a positive development. I think we need to promote affordable housing but not use the heavy hand of government to mandate it. Accessory dwelling units on a lot can provide more affordable units of housing and increase density which is necessary to have successful mass transit and which combats urban sprawl.  For a while, a few years ago, there was a move to zone neighborhoods single family only, which prohibited duplexes. Now, we are seeing more zoning that encourages greater density. This will be an issue that many neighborhoods will have to face and it will often be controversial. The arguments against rezoning like this is  that some people do not want more renters in their neighborhood, or housing of lesser value, or more traffic. Some people want to preserve their neighborhood the way it is.

 BILL NO. BL2014-908 imposes proximity limits on what are often called predatory lenders, places like check cashing businesses, title loan businesses and and payday lenders and pawn shops. These  businesses, except for pawn shops, could not be located within 1/4 a mile of each other and pawnshops could not be located within 1/4 mile of another pawn shop. I think this is a misguided effort and if I were in the council, I would have opposed it. To see my commentary on this, follow this link. I was surprised that no one showed up in opposition.  Those in support did not speak and there was no discussion. It passed unanimously by voice vote. 

BILL NO. BL2014-909 pertains to Short Term Rental Property often called vacation rentals where one may rent out a room in their home for the night. This type arrangement has become popular due to Internet sites like airbnb.com and vrbo.com which act as a third party to connect those wanting a place to stay with those offering lodging. Currently these rentals are unregulated. This bill defines those rental places as having no more than three rooms and two people per bedroom and guest not permitted to stay longer than 30 days. This would make them legal in residential zoned areas and it would require they be registered with the city and carry a certain level of liability insurance. Certain signage would be restricted and there are a few other restrictions and they would be prohibited from offering food service. People offering these rentals would have to collect taxes. These regulations appear reasonable to me and I am pleased that they are not more restrictive. They could have been much worse.  Some who have already been operating and rent out more than three bedrooms argue against the three room restriction, other argue against the two person per room restriction. I am pleased but surprised that there are not people who are adamantly opposed to people operating this type of service at all. I thought this would be much more controversial than it appears. The public hearing runs from 1:18:48 - to about 2:39:00. There is some council discussion of this bill but unfortunately there is some technical difficulty which causes a loss of audio for that portion. The bill was differed to the first meeting in December and work will continue to be done on it and it will be substituted to address some of the concerns raised at the public hearing.

Resolutions: Resolution on consent agenda pass. Below are resolutions that were not on consent.

RESOLUTION NO. RS2014-1269 would have extending the term of the Study and Formulating Committee for a year. It is slated to expire on March 1, 2015. Every five years the mayor has to appoint such a committee to study and make recommendations on employee benefits. Councilman Garrett moved to defer the resolution and his motion was approved by a voice vote of the Council. Some of the audio is not available for this discussion on the bill but is restored at 2:44:56.

RESOLUTION NO. RS2014-1270  would raise the salary of the Mayor, Vice Mayor and Council. The Mayor's salary would go from $136,500 to $180,000, the Vice Mayor from $17.000 to $22,500 and the Council from $15,000 to $20,600. It would not take effect until the new Council takes office, so no one would be voting to raise their own salary. Compared to what other cities pay, these amounts do not seem excessive, however our 40 member council is much larger than most cities to which we are compared so our Council cost the tax payers a lot more money than most. Also, metro employees have not had a recent salary increase. If I were in the Council, I would have opposed the bill.  The move to adopt the plan was defeated by a vote of 13 in favor of it and 24 opposed. To see the discussion see time stamp 2:47:08. Here is how they voted:
 “Ayes” Steine, Banks, Westerholm, Anthony Davis, Pridemore, Moore, Gilmore, Langster, McGuire, Blalock, Potts, Bedne, Dowell (13);
 “Noes” Barry, Garrett, Tygard, Matthews, Harrison, Hunt, Scott Davis, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Allen, Baker, Weiner, Evans, Holleman, Harmon, Dominy, Johnson, Duvall, Todd (24).



Memorializing SUBSTITUTE RESOLUTION NO. RS2014-1252  was deferred twice before and is back on the agenda. It request President Obama and Congress "to select public infrastructure improvements as the priority activity of the United States to upgrade the current substandard infrastructure of the nation, strengthen the national economy, and support healthy and vibrant communities in the United States."  I do not think the Council should be weighing in on national policy issues such as this. The Council has enough to do dealing with local issues. The bills passes and this is how they voted:
 “Ayes” Steine, Garrett, Tygard, Matthews, Harrison, Hunt, Banks, Scott Davis, Westerholm, Anthony Davis, Pridemore, Pardue, Hagar, Glover, Stites, Stanley, Claiborne, Tenpenny, Allen, Gilmore, Baker, Langster, Weiner, Evans, Holleman, McGuire, Harmon, Blalock, Johnson, Potts, Bedne, Dowell, Todd (33);
“Noes” Duvall (1); “Abstaining” Moore and  Dominy (2). (see time stamp 3:02:43)

Bills on Introduction and First Reading pass as is customary. 

The only interesting bill on Second Reading is BILL NO. BL2014-922 which would attempt to restrict the throwing of free  promotional material into people's yards and would classify it as litter. It passes on a voice vote but this is a pretty much meaningless bill because it would exempt material protected by the first amendment so we will still have The Tennessee litter.

Bills on Third Reading pass and none of them are controversial.

Here is The Tennessean's report on the meeting: Nashville's next mayor, council won't get pay increases

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From Charlie Tygard: An open letter to Nashville’s mayoral candidates

by Charlie Tygard, The Tennessean, Nov. 7, 2014 - Dear Nashville mayoral candidates: First, congratulations on your decision to run for mayor. Nashville needs strong, decisive, effective leadership to continue the great momentum our city currently has. ....

With the recent announcement from Mayor Dean not to pursue funding for the Amp in the last year of his term, I am interested in your thoughts on whether the city should continue expending dollars for planning, design and public relations on this project or if we should step back until new leadership is in place to review the entire mass transit plan. (read more)

My Comment: This is good. Please read it. The mayoral candidates should take a stand and tell us if they want the city to continue to waste money on a dead project or wait till a new mayor is elected and see what direction the next mayor wants to take. I think it criminal if the city waste another dime on the AMP knowing that that is overwhelming likely to be money down the drain. The Council should take action now to prohibit any more spending on the project.

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GOP Leaders in Congress Outline Aggresive Education Policy Priorities.

Lamar Alexander is slated to take the reins of the Health, Education, Labor, and Pensions Committee.

By Lauren Camera, Education Week, Nov. 7, 2014 - After easily capturing the number of seats they needed take control of the U.S. Senate—and padding their majority in the House of Representatives—congressional Republicans have laid out an aggressive education policy agenda that includes overhauling the long-stalled No Child Left Behind law and the mammoth Higher Education Act.
 .......
Meanwhile, Sen. Alexander will likely pick up where he left off on the NCLB law, with a bill he introduced last year that garnered support from every committee Republican but didn’t get a single Democratic co-sponsor.
.......
The measure, which is similar to Mr. Kline’s, would significantly scale back the federal role in K-12 policy. Among other provisions, it would allow states to devise their own accountability plans and eliminate the federal role in requiring states to set specific student-achievement goals, or in identifying a certain percentage of schools as low-performing.

Sen. Alexander is especially a critic of both Race to the Top and the NCLB waivers—he is fond of saying they’ve turned the federal Department of Education into a “national school board” and Secretary of Education Arne Duncan into a “waiver-granting czar.”

Meanwhile, school choice policies have become signature issues for a number of high-profile Republican senators widely seen as having presidential aspirations, including Sens. Rand Paul of Kentucky and Marco Rubio of Florida, both of whom have written or co-sponsored school choice bills.

Sen. Alexander also has a school choice proposal, which would allow states to take almost all of their federal K-12 funds and combine them into one giant block grant aimed at creating scholarships for low-income students that could be used at any school, private or public. (Read More)

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The Nashville Area ETF listed as #1 in year-to-date returns as of October 31st, 2014 out of 804 ETFs & mutual funds

Nashville is not only the "it" city for food and music and best choice for corporate relocation and most people employed in the arts and about every list that comes out, but "Nashville Area ETF" is the number one exchange-traded fund (ETF) in the nation. Nashville is the nation's first city-based exchange traded fund.

The following is from an email from Nashville ETF:

LIPPER DATA IDENTIFIES NASHVILLE AREA ETF (NYSE: NASH) AS THE TOP PERFORMING SMALL-CAP ETF OR MUTUAL FUND

NASHVILLE, Tenn.— In data published by the Wall Street Journal on November 4, 2014, Lipper, a global leader in supplying mutual fund information and fund ratings, fund analytical tools and fund commentary, identified the Nashville Area ETF (NYSE: NASH), the nation's first city-based exchange traded fund, as the #1 fund in year-to-date return on investment out of 804 ETFs & mutual funds the company identifies as small-cap core.

Using performance data as of 10/31, Lipper’s top ten small-cap core list shows:

• The Nashville Area ETF had realized a 12.78% NAV return year-to-date, while the next highest fund had returned 9.88% year-to-date, 2.80 points behind NASH
• Of the funds listed in the top ten, the Nashville Area ETF had also realized the best one-year NAV return at 20.37% out of 784 funds

This is a direct reflection of the excellent Nashville companies which drive and are supported by our strong economy," said William S. Decker, of LocalShares, Inc., the company behind the Nashville Area ETF.

"Certain U.S. regions provide strong economic opportunity for the companies based there, which is why corporate relocation to these markets has historically continued to climb. Nashville is one such economy benefiting from the markedly low taxes of the state of Tennessee and other attributes. We are pleased with the performance of the fund, which we believe exhibits both the vitality of this specific economy and the fact that geographic eco-systems like Nashville can add competitive value to companies based there."

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Six Circuit Marriage Decision 'A Model' for Every Judge

Press Release, WASHINGTON, D.C.- The United States Court of Appeals for the Sixth Circuit has ruled that marriage laws upholding the traditional definition of marriage between one man and one woman do not violate the U.S. Constitution. The ruling dealt with laws in Ohio, Michigan, Kentucky, and Tennessee.

Penny Nance, CEO and President of Concerned Women for America, the nation's largest public policy women's organization, had this to say:

What Sixth Circuit Judge Jeffrey Sutton has given us is a model opinion for every judge in the nation. He showed a judicial restraint and humility that is much needed in our judiciary. Although it is true that 32 states have legalized same-sex 'marriage,' 22 of them had it foisted on them by activist judges who were compelled by personal preferences, not law.

As the Sixth Circuit said, clear Supreme Court precedent binds lower courts to uphold marriage laws, including the recent Windsor decision that many judges have manipulated to usurp them. Windsor says precisely that states are free to define marriage as they have done so throughout our history.

Most importantly, the court recognized what we all know, that it is both rational and reasonable for millions of Americans to believe marriage should be preserved for the union of one man and one woman. Despite opponents' efforts to shut down debate through name calling and job loss, millions of Americans still believe that the redefinition of marriage has religious, cultural, and economic consequences.

Today, we are seeing Christian business owners - bakers, photographers, and others - attacked for their religious convictions, and First Amendment freedoms have been usurped. This is in no small part due to the environment many judges have created in which any dissent to full support of same-sex "marriage" is seen as rooted in hate. Nothing could be further from the truth.

This decision and the backlash to liberal efforts to extort and shame people of faith have put an end to the idea of inevitability. The lessons of Roe v. Wade loom large as America struggles to balance individualism with religious and cultural standards. We applaud the Sixth Circuit for making an honest, wise contribution to the debate and for encouraging the American public to continue a healthy dialogue on the important issue of marriage. If there is any hope of a limited consensus on this issue, it stems from this decision.

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Sixth Circuit Upholds Tennessee Gay Marriage Ban

Sixth Circuit Upholds Tennessee Gay Marriage Ban

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Alexander: Tennesseans Voted for a Senator "Who Knows How to Get Things Done, Not Just Make a Speech"

In victory speech says he'll help move the country in a new direction and get results

Press Release, Nov. 4, 2014, KNOXVILLE – Lamar Alexander told supporters following his re-election to the United States Senate tonight that he will help move the country in a different direction.

Speaking at the Crowne Plaza in Knoxville, Alexander said, "I ran for re-election to be part of a new majority in the Senate that will fix our broken system, get the right things done, and begin to move our country in a new direction. I’ll do this in a way Tennesseans know well—to work with others to get results. Tennesseans want a senator who knows how to get things done, not just make a speech."

The senator is currently the top Republican on the Senate committee overseeing health care, education and labor, and he is also the top Republican on the appropriations subcommittee on energy overseeing funding for facilities such as Oak Ridge National Laboratory. In a Republican Senate, he would be poised to serve as chairman of both committees.

Alexander's full remarks as prepared follow:

Thank you to the people of Tennessee for re-electing me to the United States Senate. Like most Tennesseans, I am not happy with the direction of our country. I am not happy with the way Washington is NOT working.

I know America is better than that. I ran for re-election to be part of a new majority in the Senate that will fix our broken system, get the right things done, and begin to move our country in a new direction. I’ll do this in a way Tennesseans know well—to work with others to get results.

Tennesseans want a senator who knows how to get things done, not just make a speech. A few minutes ago I received a call of congratulations from Gordon Ball. I thanked him and congratulated him for a strong campaign. I congratulate and thank Gov. Haslam and Congressman Duncan on their re-election and thank them and Sen. Corker, others in the congressional delegation, Lt. Gov. Ramsey, Speaker Harwell and our former Republican state chairmen for supporting me.

I thank our campaign team: David Cleary, Mark Braden and Alice Rolli, Steve Smith and Jim Haslam and Bryan and Kim Kaegi— Tom Ingram who has been with me the whole way—and the volunteers who have worked so hard.

I will continue to do my best to represent everybody, from all sections of the state, from all political parties, whether you voted for me or not. I especially thank Honey and our family—Drew, Leslee, Kathryn and Will—for allowing me to live such a public life. For us Alexanders, calling Tennessee home goes back a long way. Our two-year-old grandson, Houston Lamar Alexander, was baptized last year in Hesse Creek in Blount County, making him and Taylor and Lauren and Helen—all of whom are here tonight—ninth-generation Tennesseans.

Our first election night celebration was here in Knoxville, 40 years ago. But tonight is not about where we’ve been. It is about where we can go. I’m ready for this new opportunity to go to work with others to fix our broken system, get the right things done and move our country in a new direction.

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Corker, Alexander get new power with new majority

by Dave Boucher, The Tennessean, November 6, 2014 - The implications of Republicans taking control of the U.S. Senate are perhaps best embodied in the powerful positions awaiting Tennessee's two GOP senators.

Both Sens. Lamar Alexander and Bob Corker are poised to take committee chairmanships, elevating their national profile while increasing their sway in the Senate. Corker is set to become chairman of the Senate Foreign Relations committee, described by Nashville political analyst Pat Nolan as "one of the most if not the most prestigious committees in the Senate."

 Alexander is in line to chair the Health, Education, Labor and Pensions, or HELP, committee and lead an appropriations subcommittee related to energy and water development. (link)

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Mayoral Candidate David Fox Launches Website, Announces Campaign Team

David Fox

Press Release, NASHVILLE – David Fox, candidate for Mayor of Nashville, has launched his new website FoxforNashville.com and announced two members of his campaign leadership team.

Serving as campaign CEO will be Chris Turner of the political consulting firm Stampede Consulting (StampedeConsulting.com). Turner is a veteran of more than 500 campaigns across 26 states. He has worked in races at every level from local mayor to president of the United States.  Turner, who also serves on the governing board of the American Association of Political Consultants, will act as the campaign’s lead staff person.

Also joining Team Fox is Rachel Barrett of Rachel Barrett & Company (RachelBarrettandCompany.com), an accomplished Tennessee-based fundraising firm. Barrett has represented winning clients at both the state and federal level. She will lead the campaign’s fundraising arm.

“With these hires, we combine two of the best of the best. Both Chris and Rachel have winning pedigrees. They are highly respected in their professional worlds and they are a great fit for our campaign,”Fox said.

Turner and Barrett join Vesia Hawkins, former administrator of the Metro Nashville Board of Education, who became the campaign’s first staff member in August.  Additional announcements regarding Team Fox will be forthcoming.

David Fox is a businessman, former Chairman of the Metro Nashville School Board and fifth- generation Nashvillian. He and his family – wife Carrington, food critic at the Nashville Scene, and sons Oscar, Julius and Simon – reside in the Whitland neighborhood. The election will be held in August 2015.

My Additional Comments: Stampede Consulting is a Republican consulting firm and Rachel Barrett is a Tennessee-based Republican fundraising, communications and political consulting firm whose clients have included Lt. Governor Ron Ramsey, Tennessee Senate Republican Caucus, Tennessee House Republican Caucus, GOPAC, Beacon Center of Tennessee, Jim Tracy for Congress, and members of the Tennessee General Assembly.

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Statement from Beacon CEO Justin Owen on the election results:

"The Beacon Center applauds Tennessee voters for approving both amendments we endorsed, and because of that, the future of Tennessee looks brighter than ever.

Amendment 2 led to an important and spirited discussion, with valid points made by both sides as we worked to resolve the constitutional quagmire over how to select state judges. The vote on Amendment 2 shows that Tennesseans support our Founding Fathers' view of the judiciary: able to independently uphold the rule of law, while still accountable to the people via their elected representatives.

The vote on Amendment 3 puts the final nail in the coffin of a state income tax, ensuring that Tennesseans, their children, and their grandchildren can keep more of their hard-earned money. We would like to give a special thanks to Senator Brian Kelsey for leading the charge to ensure that Tennessee forever remains income tax-free."

The Beacon Center empowers Tennesseans to reclaim control of their lives, so that they can freely pursue their version of the American Dream.

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Democrats hold on to power in Davidson County

If you are a political junkie like myself, and I assume you are or you would not be reading this blog, you probably already know that Republicans did not do well in Davidson County.  If while focusing on the U. S. Senate races, you missed what happened locally, well it did not go well at all. Except for Beth Harwell who sailed to an easy victory taking 63% of the vote, Republicans lost.

I thought Jim Gotto would win and I was thinking maybe Troy Brewer would win, but it didn't happen.  Still, however, Republicans made Democrats work and spend money to keep their seats and Republicans made a respectable showing.  By making them work to hold Davidson County, that may have kept them from helping candidates in other parts of the state.

All of the Republicans who ran for office are to be thanked and honored for running a good race and being willing to enter the arena.

Here is a breakdown of last night's election in Davidson County:

Governor Haslam got 71,370 votes and Democrat Charlie Brown, who has no experience, has no credentials, ran no campaign, had no endorsements and spend no money got 47,150 votes. Other candidates got some votes with John Jay Hooker coming in third with 7,174 votes. Of the 133,874 votes cast, the Democrat got 35% of the vote.  It appears there is a diehard Democrat base who would vote for Charles Manson or Winnie the Poo if they were running as a Democrat.

Amendment #1 which would allow the State to regulate the abortion industry got 46,539 "yes" votes and 91,588 "no" votes. Nashville voters are 66% pro-abortion-on-demand with no restrictions.

Amendment # 2 to change the way we elect judges: yes 81,126; no 54,324.

Amendment #3 to ban an State income tax: yes 77,593; 55,157 "no." That is 41% voted to have the right to have a state income tax.  This is interesting. If you look at Amendment which is a social issue, 66% of Nashville voters were very liberal, but on a fiscal issue they were only 41% liberal. So, there is hope.

Amendment #4 which would allow veteran groups to hold a once-a-year lottery, the "yes" vote was 85,887 and the "no" was 43,324.

For Senate Lamar Alexander received 59,773 votes and Gordon Ball got 69,248 votes. Discounting the few votes that went to third party candidates, Ball got 53% of the vote.

For U. S. House of Representatives, Jim Cooper got 88,726 votes and Republican Bob Ries got 45,375 votes. So, Ries got 33% of the vote. That is pretty good.  A better known and better funded candidate could have made that a more competitive race. Still, if you look at the margin by which Ball beat Alexander, even a well-known, well-funded candidate could have probably not gotten more votes than the 47% won by Alexander in that race. So one might could conclude that 33% of the voters are Republican and 35% are diehard Democrats and the balance are persuadable but tending Democrat.

In Senate District 19, Thelma Harper won an overwhelming victory and Republican candidate Sterlina Brady's campaign never got off the ground.

In Senate District 21, Democrat Jeff Yarbro got 25,336 votes (66%) to Diane Cuellar's 12,684. I am really disappointed in this outcome. I got to feel like I knew Cuellar. She is smart and accomplished and personable and worked very hard. I knew Yarbro had the advantage, having ran before and almost having beat long-time incumbent Senator Dogulas Henry two years ago. Still, I did not expect such a big win for Yarbro.  I do not however think we have seen the last of Cuellar.  I think she has what it takes to make a good candidate and I expect to hear more form her in the future. 

Tennessee House District 50 saw Bo Mitchell keep his seat getting 9,102 votes to Troy Brewer's 8.672. I thought this one was a toss up and we might take it. I would have really like to have seen Bo Mitchell defeated. By taking only 51% of the vote, this is far from a safe Democrat seat and in two years I expect another strong Republican challenger.

Tennessee House District 51 saw Republican Brain Mason lose to Democrat Bill Beck, 3,555 to 9,033.

Tennessee House District 53 saw incumbent Democrat Jason Powell keep his seat getting 6,068 vote to 4,920 votes for Republican John Wang.  While I wish we would have won, I knew this was a predominantly Democratic district and a Republican winning 44% of the vote is, I think, pretty good. John Wang has a compelling story having fled Communist China with nothing and having become successful in America. Despite losing, Republicans made inroads into the immigrant community. This district is quite diverse and Republicans have won Hispanic, Kurdish, and Asian voters to the Republican cause.  Even though we lost, I am pleased that we challenged the incumbent. We have shown that Republicans can compete with new immigrant voters.  In some circles there seems to be an assumption that immigrants will automatically vote for the Democrat. That is not so.  When Republicans reach out to the immigrant communities, we can win those votes.

Tennessee House District 60 saw Democrat incumbent Darren Jernigan retain his seat in a rematch with Republican Jim Gotto. This is the race that is most disappointing to me. I expected Jim to retake this seat. He lost it to Jernigan by only a few votes two years ago and I thought that with no draw at the top of the ticket that would motivate Democrats to go to the polls, that Jim Gotto could retake it. Gotto got 7,307 votes to Jernigan's 8,328.

For complete election results, follow this link. To read the Tennessean's take on the local races, follow this link.

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About Last Night's election:

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Metro eyes limits on where payday businesses can locate

In case you missed it, here is The Tennessean's report on the bill that is on the Council agenda tonight that would limit the location of payday lenders: Metro eyes limits on where payday businesses can locate.

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What is on the Council Agenda for November 4th.

Metro Council meetings are really boring if you don't know what the council is voting on.  With a copy of the council meeting agenda and staff analysis they are still boring but a little less boring. Follow the links to get your copy.

There are six appointments to Boards and Commission on the agenda for Council confirmation which always happens without discussion or anyone ever being rejected.

There are 14 bills on public hearing, most of them are zoning bills of interest to no one except nearby residents, however there are two of general interest:

BILL NO. BL2014-908 would impose proximity limits on what are often called predatory lenders, places like check cashing businesses, title loan businesses and and payday lenders and pawn shops. These  businesses, except for pawn shops, could not be located within 1/4 a mile of each other and

pawnshops could not be located within 1/4 mile of another pawn shop.  Now, I do think these businesses are somewhat slimy and they do prey on poor people.  However, they are legal and I do not think we ought to be using zoning to try to drive them out of business.

In my line of work I provide financial counseling to low income people all the time, and I have seen people who get caught in the trap of using payday lenders. It can be horrible. I have seen some people with several payday loans. If you don't know how payday lenders work let me explain.  If a person goes to one of these firms such as Speedy Cash or Advance Financial, they may borrow $250 to be paid back on pay day plus $50.   What often happens is they do not have the money to pay back the loan and they pay another $50 with the promise to pay it back the next payday. Assume they get paid every two weeks, here is the math: 50/250=20%, but there are 26 two-week periods in a year, so 20% x 26=520% interest.

A lot of people feel this is shameful and predatory and should be prohibited, but before we get too outraged over this, consider what a bank charges you if you bounce a check. They may charge you a $30 nonsufficent Fund Fee and so much a day penalty for every day overdrawn. Of course bouncing one check can then cause others to bounce. Assume one writes a check for $30 and is 1 cent short of having sufficient money for the check to clear but they put the money in their account the next day. That is the equivalent to 10,800% interest.  And, the state government provides and promotes the lottery and every convince market sells lottery tickets. Your chance of any substantial winning from the lottery is like getting struck by lighting. And consider the people who claim no dependents with their employer so they will get a bigger tax refund at the end of the year. That is the federal government ripping them off and taking advantage of their stupidity. The government takes the poor person's money and holds it all year and then returns it without paying interest.

I am not defending payday lenders, but in our name the State with the lottery and the Federal government by the over withholding of taxes are ripping people off greater than pay day lenders. I do not like payday lenders but I wonder how far we should go in protecting stupid people. No one puts a gun to their head a makes them go to a pay day lender. Payday lenders are often actually better for people with too little sense or discipline to use a bank. Also, it may be cheaper to use a payday lender than have your water cut off and have to pay a reconnect fee.

This bill has been approved by the Planning Commission. The argument in favor is that a cluster of these type establishments drive down property values. Drive down Nolensville Rd or up Dickerson Rd or Gallatin Pike and you will see these establishments but also ugly discount tobacco stores and used furniture store and tote-the-note used car lots and thrift stores and stores selling used tires. These are all unattractive and indicate an area where low income people live. Often these payday lender type establishments may be among the more attractive building along a section of highway. I don't see that dispersing the payday lender type enterprises is going to make the areas any more attractive. When there is less demand for these establishment, there will be fewer of them.  If I were in the council, I would vote against this bill.

BILL NO. BL2014-909 pertains to Short Term Rental Property often called vacation rentals where one may rent out a room in their home for the night. This type arrangement has become popular due to internet sites like airbnb.com and vrbo.com which act as a third party to connect those wanting a place to stay with those offering lodging. Currently these rentals are unregulated. This bill would define those rental places as having no more than three rooms and guest not permitted to stay longer than 30 days. This would make them legal in residential zoned areas and it would require they be registered with the city and carry a certain level of liability insurance. Certain signage would be restricted and there are a few other restrictions and they would be prohibited from offering food service. People offering these rentals would have to collect taxes. This was rejected by the planning commission over a minor technical matter but they approve the components of the bill. I can see that these places could get out of hand without some regulation and become a nuisance and I think they should be collecting the hotel-motel tax. These regulations appear reasonable. They could have been much more draconian. I support this bill.

There are 18 resolution on the agenda, all of which are on the consent agenda at this time. A bill is placed on the consent agenda if it is deemed non-controversial and it stays on consent if  it passes unanimously the committee to which it was assigned, however, any member may ask that a bill be pulled off the consent agenda. Here is a resolutions of interest:

• RESOLUTION NO. RS2014-1270  would raise the salary of the Mayor, Vice Mayor and Council. The Mayor's salary would go from $136,500 to $180,000, the Vice Mayor from $17.000 to $22,500 and the Council from $15,000 to $20,600. It would not take effect until the new Council takes office, so no one would be voting to raise their own salary. Compared to what other cities pay, these amounts do not seem excessive, however our 40 member council is much larger than most cities to which we are compared so our Council cost the tax payers a lot more money than most. To see the discussion on this bill that took place in the Budget and Finance Committee see the video below. It is the first item on the agenda.

There are 22 bills on First Reading. First Reading is a formality and bill or not generally examined until after First reading.

There are only three bills on Second reading. This is one of interest:

• BILL NO. BL2014-922 would prohibit the throwing of free newspapers or advertising into the yard or on the right of way by classifying it as litter. If you recall the Council worked for months to pass a bill to regulate the freebie distributed by Tennessean that litters neighborhoods across the county. What finally passed was so bureaucratic as to have almost no effect. Well, this won't either because it specifically exempts material protected by the First Amendment. I think you can produce something that is almost all advertisement but with just a little news or commentary and then it is protected. Unfortunately, it is hard to stop someone from distributing unwanted newspapers by throwing them on your sidewalk or driveway. This will hardly be worth the effort because the biggest offender will be exempt from its application.

 There are 13 bills on Third Reading. None of them are very interesting and all will pass but these two are worth mentioning:

• BILL NO. BL2014-910  adds some new storm water management regulations that apply to infill developments.
• BILL NO. BL2014-911 is the renewal of the tax relief for the elderly program that is passed every year.

Memorializing RESOLUTION NO. RS2014-1252  was deferred twice before and is back on the agenda. It request President Obama and Congress "to select public infrastructure improvements as the priority activity of the United States to upgrade the current substandard infrastructure of the nation, strengthen the national economy, and support healthy and vibrant communities in the United States."  I do not think the Council should be weighing in on national policy issues such as this and I hope the sponsor will withdraw this resolution or it is voted down. The Council has enough to do dealing with local issues. In my view, the Metro Council should not be telling Congress and the President what priority activity of the United States should be.

Below is the Budget and Fiance Committee meeting. 

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Obamacare Could Face Large Numbers of Dropouts

Obamacare Could Face Large Numbers of Dropouts

More than half the people who enrolled in Obamacare last year don’t plan to sign up again—and that’s bad news for the president’s  health care law.  A new Bankrate survey reveals that 53 percent of current ...The Fiscal Times

My Comment: I could have told you that. With deductibles as high as $6500 the low income will do what they have done for a long time and use the emergency room as their primary source of  health care. I have worked with poor people most of my life. With no assets to loose, they do not need to be protected from catastrophic expense.  If they run up hospital and doctor bills in the thousands and their wages are eventually garnished they will simply file bankruptcy. Unlike people with assets, a bankruptcy is not as devastating to people with no assets. Also, I never did think the low income would forgo the purchase of a sports starter jacket or cable TV to pay an insurance premium.  The desire for immediate gratification and lack of discipline and poor decision making is part of the reason they are poor to begin with. 

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