Saturday, February 11, 2017

The Failure of Top Down School Management

Bill Bernstein
By Bill Bernstein, Feb. 11, 2017 - Last week the Metro Public School system released their “Transition Team” (available by clicking the link) report.  Incoming Director Dr Shawn Joseph commissioned the report, an effort by 47 members of a committee drawn from the MNPS system, the Nashville community, and experts in education outside that community.  The report runs only 20 pages and contains 100 recommendations in four areas.  Some recommendations are marked “short term” and some “long term.”  Additionally, there are four appendices that present a somewhat fuller discussion of the issues.  These are not easy to find.

I quote four recommendations here in bolded text just to give a flavor of what the report contains.  The report itself fits in with a wider theme in public education—the knee-capping of reform efforts by an entrenched educational establishment that has been largely unaccountable to parents, taxpayers, and in Nashville to city government.

“Strengthen proactive communications with the city and the state.” MNPS Transition Team Report, Short-term Recommendation, page 14.

In 2007 Facebook's Mark Zuckerberg pledged $100M to help Newark NJ's school system.  That pledge was met with matching funds from other sources.  The combined $200M was to go to a school system with an annual budget of $940M and a reputation for failing students.  Only one third of the system's third graders could read at grade level (the same as Nashville's public school system, incidentally).  In 2016 veteran Washington Post reporter Dale Russakoff published “The Prize” detailing the gift, how it was spent and what improvements came to Newark's school children. The distressing answer was, there was no improvement whatsoever.  The money was frittered away on studies, on five year plans, and on salaries for consultants etc.  Each power center, from Gov. Christie to Mayor Corey Booker, to the unions on down saw the gift as an opportunity to push whatever agenda it had.  And that agenda did not include improving education.  Zuckerberg's gift was not the first entry of philanthropy into public schools, nor would it be the last.  But its history is instructive for school reformers of all types.

“Identify clear goals and objectives for the HR Department that contribute to the accomplishment of the district’s goals.” MNPS Transition Team Report, Long-term Recommendation. p.16


This week Democrats in the Senate staged a 24 hour gabfest on the floor of the Senate to block President Trump's nominee for Secretary of Education, Betsy DeVos.  In fact an unprecedented grass-roots effort was launched to persuade GOP senators to change their vote and deny DeVos the position.  Social media urged people to wear black on the Monday before the vote.  It urged calls, emails and letters to senators.  And there were demonstrations.  It was a remarkable performance. After all, likely very few of the people wearing black or sending emails to their senators could name the outgoing Secretary of Education or three significant things he had done, without consulting Wikipedia.  Education is one of those backwater Cabinet departments that gets press only when things go dramatically wrong.  Its effect on local schools is minimal, and on parents' and students' lives close to none at all. Yet those opposing DeVos acted as though American Education in toto would become the equivalent of Chernobyl if she were confirmed.

DeVos is an ardent advocate for school choice, charters, and vouchers.  She never received a degree in education. She never managed a school district.  DeVos is an outsider to the educational establishment and as such arouses their ire.  Her views challenge their orthodoxy that public schools are bedrock institutions and suffer only from lack of funding and community support.  Anyone questioning those views is demonized and declared unfit.

Strategically manage the performance of employees in the district by developing a talent management report that includes the performance of each employee and other relevant employee data (such as employee assignments, attendance, etc.) to identify employees’ relative areas of strength and needs for growth.  MNPS Transition Report, Long-term Recommendation. p. 17

The experiences of Zuckerberg and DeVos came to my mind this week after Metro Schools published the report of the Transition Team, which the new Director Dr Shaun Joseph empowered almost as soon as he took office last July.  The report itself is only 20 pages and contains 100 recommendations in four different areas: school choice, student achievement, human resources and talent management, and communications.  There are also appendices, which are more revealing of what the authors were reacting to when they wrote their recommendations.  The report starts with photos of suitably diverse and happy students.  It outlines the characteristics of the district, the poverty levels, the number of non-native English speakers, and special ed students.  It does highlight the lagging performance of students in general and the racial gaps between student groups. Included in this are three misleading graphs.  The first is labeled “Proficiency in Grades 3-8.”  But you have to zoom in to read the Y-axis label which tells you the numbers reflect students scoring proficient or higher, presumably on the NAEP assessment but there is no indication that was the source.

A more accurate graph might  have shown those failing to score at least proficient.  Even those graphs paint a terrible picture, especially for minority students.  Sixty five percent of black students grades 3-8 failed to score proficient or higher in math, 70% in English (which seems odd because typically math scores are lower).
The appendix for the student achievement section lays out in fairly dire language the biggest problem facing MNPS:

First and foremost is the academic attainment of its students. However one wants to measure it, student achievement in core subjects is lower than anyone would like. The district’s academic attainment is below statewide averages and it also appears to be below national averages. At the same time, there has not been much movement in performance levels over the last several years. This is particularly true of reading, but probably also true in math.

So not only are students in the district performing poorly, they have been doing so for years, and this is despite rising per pupil expenditures.  In fact between 2010 and 2017 per pupil expenditures in MNPS have doubled.  The appendix also scores the school district and the board for failing to pay attention, for launching programs without much support or follow up, and for failing to maintain a coherent policy to improve student outcomes.  The question is whether this report and its 100 recommendations will help solve those problems.  I am not optimistic.  The recommendations are heavy on jargon.  Some of them are incomprehensible. 

Consider augmenting the work with the Arbinger Institute and Gallup by designating someone as a senior-level “culture czar” in the district.  MNPS Transition Report, Short-term Recommendation. p.14

And some of them just seem silly.

As we saw with the Zuckerberg gift to Newark's school district, entrenched educational interests, with an agenda that does not include educating students, can deflect and dither away any real effort at reform.  And they can still claim to be “doing something” about education.

Tellingly I have never seen a price tag attached to this report.  I called the Tennessean's reporter who has covered this story from the beginning and asked him if he knew the cost of the effort.  He admitted he didnt and added that he would be certain the cost of various consultants, travel, etc would  not have been grouped under one budget item.  Diffusing costs and diffusing responsibilities are both ways to avoid accountability.  MNPS problems have been going on for decades and they are not budget-related.  Expecting a top down system like this to reform itself is putting fantasy over any experience.

Bill Bernstein first came to Nashville in 1980 as a freshman at Vanderbilt. After finishing he spent time in graduate schools in Classics. He returned to Nashville in 1992 and has been a firearms dealer and Second Amendment advocate for over a decade.

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Nashville’s Airbnbs get taxed, but swank hotels get the benefits


by Chris Butler, Tennessee Watchdog - Nashville’s Airbnbs get taxed the same as hotels but don’t get the same benefits.

Some of the city’s palace-like hotels pay taxes, although they get some of that money back through corporate welfare.  But the people who run the more modest Airbnbs and other home-sharing options get no such welfare. They say they don’t need it.

This is happening as Nashville Metro Council members debate whether to impose licensing
requirements that could put some of the city’s Airbnbs out of business.
A rooftop bar is one of the many amenities at the new
 Westin Hotel in Nashville (photo courtesy of
the Westin’s Facebook page)


As reported in an exclusive video, three new ritzy hotels downtown got $27 million in corporate welfare. Developers are building another posh hotel across the street from the Music City Center, and city officials gave a fourth hotel $4.5 million.

Problem is, many tourists can’t afford to stay in these expensive hotels. For one, the Westin, has a rooftop bar, a lounge, and an infinity pool overlooking downtown Nashville from the 27th floor.
Nashville Metro Council member Burkley Allen, who has pushed hard to regulate Airbnbs, defended the corporate welfare in an email to Tennessee Watchdog.

She said it helps the Music City Center. “The city determined that it was a better use of taxpayer dollars to provide incentives to a very small number of hotels to provide the rooms needed to complement the convention center, which has been an economic engine for downtown since it was built in 2010,” Allen wrote. “The revenue does not go to the hotels, but to promotion of the city around the world. The promotion of hospitality and tourism benefits anyone who provides hospitality.”

Greg Adkins, spokesman for the Tennessee Hospitality and Tourism Association, said those hotels got that money in exchange for offering group rates for convention center events.  “About 90 percent of the hotel rooms in town don’t get subsidies,” Adkins said.

Mark Cunningham, spokesman for the Beacon Center of Tennessee, a Nashville-based free-market think tank, said Adkins is only defending his industry at the expense of Nashville’s homeowners and
taxpayers. Many of the hotels that got corporate welfare from Nashville officials did so in exchange for group rates at the Music City Center pictured below (photo by Chris Butler).

“Airbnbs are cutting into the hotel industry. Of course, he doesn’t like that.” 

“Even if hotels are getting money and others aren’t, that just means the problem is more widespread than we initially thought. You are subsidizing new hotels at the expense of Airbnbs and all the hotels. I’m sure those hotel owners don’t like it, either.”

A different kind of tourist

As reported, these home-sharing options operate much like an Uber app. Instead of people using their cars to compete with cab drivers, they share their homes.  Shan Canfield, who runs an Airbnb in East Nashville, said home-sharing options differ from hotels in many respects and can lure more tourists who otherwise couldn’t afford the Westin or another upscale hotel.

“I think what Airbnbs have targeted, maybe unwillingly, are couples who like to travel together,”
Canfield said.

Berkley Allen
“If you think back 20 to 30 years ago, what we have are more like vacation rental properties, where you have your friends or family. You can bring pets. There’s a kitchen. It is a different model.”

According to a recent NewsChannel 5 report, council members are pushing for an amendment to temporarily stop issuing new city permits for non-owner occupied short-term rentals. It’s a move to determine how best to regulate home-sharing properties.

Alece Ronzino, who also runs an Airbnb in East Nashville, said the proposed regulations are unfair and, if enacted, will hurt her revenue stream.  “I am fine with not receiving the subsidies, but I shouldn’t be taxed in the same way as a hotel,” Ronzino said.

Contact Christopher Butler at chris@tennesseewatchdog.org 
Follow Tennessee Watchdog and receive regular updates through Facebook and Twitter   
Follow Chris Butler on his professional Facebook page Chris Butler Writer/Journalist

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Friday, February 10, 2017

State legislature my undo Metro's "inclusionary zoning" price-fixing scheme.

by Joey Garrison , USA Today Network - Tennessee - A landmark Nashville ordinance passed last year to spur more workforce housing in new residential development faces the threat of repeal this year in the Tennessee General Assembly.

House Republican Majority Leader Glen Casada and Sen. Ferrell Haile, R-Gallatin, introduced legislation Thursday that singles out the Nashville law. It would outlaw local governments from requiring that developers include below-market rate units in exchange for greater development rights.(link)

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In Council action on 2/7/17, Airbnb regs pass, $8.3M for affordable housing approved, $16M more for General Hospital approved, $540K for the Knowles nursing home approved, talking trash.


This meeting is almost three and half hours long, much of that is taken up by public hearings on zoning matters.   I do not even attempt to understand the pros and cons of each zoning matter and find most public hearings on zoning maters to be very boring. I watch most of the public hearing portion of the video in double speed. If you want to be sure I didn't miss something important, you may want to watch the meeting for yourself.

If you are going to watch the meeting, you really need a copy of the agenda and the staff analysis, To access those documents as well as my commentary on the agenda, follow this link.  I am not going to go into the same depth of analysis and background in this blog post as I do in my analysis of the agenda, so if want more background on an issue than is posted here, see (update) What's on the Council Agenda for Feb. 7th: New AirBnb rules, $16M more for General Hospital, $ to build affordable housing,



The Metro Police Chaplin offers the invocation. I noticed that he prayed "in the name of Jesus," which now seems rare in public prayers especially before political bodies.  Prayers have become much more secular and inclusive. Some recent prayers have not been prayers at all but poems or songs.

Councilman Bill Pridemore offers a eulogy to Office Mumaw who recently lost his life in the line of duty. All appointments to boards and commissions are approved unanimously. A couple of changes to council rules are approved.  One would add additional transparency to zoning issues by requiring that a request for rezoning include the name of the purpose paying the filing fee.

Pubic Hearing:

Airbab supporters act out: At 29:07 in the video a man who is partaking in a public hearing on a zoning matter speaks off-subject in favor of STRP (airbnb type rentals). He says the place is packed with STRP supporters and there are another two hundred in the hallway. His comments is followed by applause and cheers from the audience. Vice Mayor Briley chastises the crowd. I agree with the Vice Mayor.  We must have decorum in the chamber and there should be no outburst of applause and cheering or booing. There has long been a council rule prohibiting signs in the chamber. I think that rule should be enforced and the signs confiscated. My sysmpathies are with the STRP supporters but I disapprove of this show of disrespect.
BILL NO. BL2016-487  is a rezoning in Councilman Kendall's.district that a lot of people speak on. Most speak in favor but their is concern that this will lead to greater "gentrification" of the neighborhood. To see the discussion see timestamp 21:15 to 40:12 in the video.
BILL NO. BL2016-491  which would requires that building façades fronting a street shall provide a minimum of one principal entrance (doorway) and a minimum of 25% glazing is deferred indefinitely. Good. That seemed like an overly restrictive proposal and I never did determine the logic for it.
SUBSTITUTE BILL NO. BL2016-493  is the sidewalk bill which tightens up the requirements that developers build sidewalks.  In my view this is a flawed bill. It would require a developer to build a sidewalk in front of his residential development even it that would be the only sidewalk portion on a street. This has been deferred before and is agains deferred to the first meeting in March.
SUBSTITUTE BILL NO. BL2017-555  in council member Murphy's district changes the zoning on a bunch of parcels totaling 39 acres from R10 and RS40 to RS10. This is a bill disapproved by the Planning Commission. The sponsor defers the public hearing till the first meeting in March and rerefers the bill back to the Planning Commission.
BILL NO. BL2017-559  would allow members of the metro council to initiate rezoning of property owned by the metropolitan government. Now the mayor may do so or department heads but not the district councilman. It is deferred two meetings.
 Resolutions: Below are the ones of interest.
RESOLUTION NO. RS2017-519  would have approved a  sole-source contract for over a million dollars for a five year period between Metro and Host Compliance, LLC to provide services to identify unpermitted STRPs, collect data on the extent of all such non-compliance, estimate rental activity for permitted and unpermitted properties, compare estimated rental activity with hotel/motel tax receipts from the property, and maintain a 24 hour complaint hotline. As it turns out Host is not the sole-source for this service and the city is issuing an RFP (request for proposals). 
RESOLUTION NO. RS2017-536   authorizes grants of  $8,339,401.00 from the Barnes Fund for Affordable Housing to certain nonprofit organizations to construct  affordable or workforce housing. This will build 332 units of housing, 30 of which will be SRO's (Single Room Occupancy housing) for Dismas House to provide housing for discharged former prisoners. Councilman Kevin  Rhoten was the lone vote against this resolution, but did not speak in opposition. To view the discussion see timestamp  1:14:28 -1:27:49.
RESOLUTION NO. RS2017-538  throws another $16 million into the money pit known as General Hospital. It passes with no dissenting voices or votes. A Metro charity hospital is not required by Charter or state law, serves little purpose and cannot fill its beds. To see my analysis and links to more information on topic follow this link. I am very disappointed that none of the council members who call themselves conservatives spoke out against this bill. To see the discussion see timestamp 1:27:51- 1-44-29.
RESOLUTION NO. RS2017-539 appropriates $540,000 for the cost of operation of the J.B. Knowles Home Assisted Living Facility. We were almost out of the nursing home business but the operator of the facility mismanaged the operation and metro stepped back in and took it back over. This resolution passes unanimously. I am disappointed to see Metro get back into the nursing home business.
Bills on Second Reading:
BILL NO. BL2016-484 would make it more difficult to locate landfills and give the Council more oversight.  Now expansion of a landfill can expand without any local approval. . It is apparently a complicated matters. There was some good discussion on the bill and motions to defer and a motion to table the motion to defer which failed and after more discussion the bill is deferred. This makes it an indefinite deferral by rule, which means it could not be on the second reading agenda next meeting. To see the discussion see time stamp 1:56:35- 2:19.
BLL NO. BL2016-492  clarifies and modifies Short-term rental (STRP) rules.  I have provided a lot of analysis, background and opinion on this which you can see at this link. To see the discussion see timestamp  2:19:02- 2:33:35.
BILL NO. BL2016-496 would prohibit vehicles from parking in electric charging station spaces. It passes.
BILL NO. BL2016-525 would require the Metropolitan Police Department to provide reports of positive engagements with the community to the Metropolitan Council. This got a negative recommendation in committee and at the last meeting the sponsor moved to defer to this meeting. The police department opposes the bill. One councilman makes the point that every time a policeman had a pleasant exchange with a citizen he would have to include it in a report. The bill is deferred again. For the discussion is timestamp 2:37:47 - 3:02:05.
Bills on Third Reading
BILL NO. BL2017-542  is a bill requiring companies that provide incarceration services to Metro to have the specific contract approved by the Council. Metro Council does not normally approve specific contracts. Only contracts for solid waste disposal currently have to come before the Council. This bill also requires the company providing the service to provide to the Council a quarterly report detailing a massive amount of data.  This appears designed to make it difficult for the city to do business with companies that provide this service.  Unfortunately, it passes.

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State bill would override Nashville on short-term rental rules, block ban

State bill would override Nashville on Short-term rental rules, block ban.

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(update) The Davidson County Republican Party Caucuses and Convention is this Saturday, Feb. 18!

In the past the County caucuses have occurred on one day and a week later has been the County Party convention.  This year, in what I think is a wise move, the caucuses and convention will be on the same day.

The caucuses are thirty-five separate meetings at which Republicans gather in groups that correspond to the Metro Council District in which they reside. At these caucus meetings, those in attendance choose delegates to represent them at the Davidson County Republican convention.  At the convention delegates elect a Party chairman and other member of the Executive Committee. These officers serve for the next two years.

The number of delegates varies from caucus to caucus.  The districts which had a higher number of Republicans voting in the last election have more delegates than do those districts which had fewer Republicans casting votes. In reality almost everyone one who attends a caucus meeting gets to serve as a delegate.  Only in those districts in which more people show up than there are allocated delegate slots is there a contested election.

Only bonafied Republicans may take part in the caucus and convention or serve as officers. To see what that means and to see the requirements to hold an office in the Party, see the bylaws at this link.

The publicity for this caucus and convention has been scant.  I am an active Republican and have not received any official notice of the meeting and the party's website does not even announce it. There is supposed to be on-line pre-registration but I do not have a link to that website. I will update this post if more information become available.

Davidson County Republicans can Pre-Register for Saturday's Caucuses by sending an email to Mark Rogers at:  augustusreagan@yahoo.com
The email should include the following information as it appears on the individual's
Voter Registration Card:
Name
Address
Metro Council District
and include their Telephone Number

DCRP CAUCUSES & CONVENTION-2017
This Saturday--February 18, 2017
8 a.m. Registration (Unless You Pre-Register)
9 a.m. Start Of District Caucuses Session
Lunch On Your Own
12:30 P.M. Convention-2017

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Wednesday, February 08, 2017

Garrett announces candidacy for Davidson County Republican Party Chairmanship

Press Release -   Today Jim Garrett announced his candidacy for Chairman of the Davidson County Republican Party. Garrett’s platform will include: 

1.) Build grassroots involvement at the district and precinct level, 
2.) Build financial support of the County Party, 
3.) Build campaign resources for GOP candidates. 
Jim Garrett
Garrett states, “The election of President Trump has ushered in a new era of involvement for the GOP. The voters are telling us it is time for change and they want to be involved in the process. Our county party must answer that call. We need to work at the precinct level to build that involvement, to build resources for our candidates, and to raise money to put the Davidson County Democrat Party on the defense.” Garrett continues, “I come from a rich background of grassroots involvement; knocking doors, coordinating signs, raising money and recruiting election workers. Republicans win when we stand for the values and principles outlined in the RNC platform. It is the party’s objective to recruit candidates in every seat possible. The Democrat Party has held this county far too long merely by the fact of our disengagement.” 

Garrett will bring his years of campaign experience for conservative causes to lead the Republican Party to many victories in Davidson County. It is vital to raise the necessary resources to better equip our candidates in 2018. All bona fide republicans are welcome to the caucus convention on Saturday, February 18 th at the Millennium Maxwell House Hotel, doors open at 8:00am. 

Jim Garrett lives in the Donelson area and retired from Bridgestone America’s in 2011 as Engineering Manager, National Accounts Commercial Products. He has held various leadership roles with the Friends of the NRA and Davidson County Republican Party. Jim is a citizen activist who has successfully authored and gotten passed into law four (4) bills promoting the Second Amendment in the Tennessee Legislature. Jim has honorable served our country in the U.S. Air Force from May 1962 until May 1969. 

For more information contact Jim Garrett at 615-585-4891 or via email at jimgarr@bellsouth.net.

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Latinos for Tennessee PAC Endorses Bill to Cut State Funding for Sanctuary Cities

Press release, Nashville, Tennessee - In the absence of permanent and broad immigration reform, the Latinos for Tennessee PAC, a statewide organization committed to advancing and promoting faith, family, liberty and fiscal responsibility issued a statement in support of Tennessee State Senator Mark Green's (R-Clarksville.) legislation that will make sanctuary cities - cities, localities and municipalities that ignore and disregard federal immigration law - ineligible for state funds.

Raul Lopez, the Executive Director for the Latinos for Tennessee PAC, issued the following statement expressing the organization's support for the Senator Green's legislation:

"The rule of law is one of the central underpinnings in any fair, free and secure society. To ignore or violate the rule of law, is to invite lawlessness and disorder," said Lopez.

"While Latinos for Tennessee remains committed to supporting immigrant communities and increased immigration to the United States, Senator Green is doing the right thing by calling on sanctuary cities to enforce our current federal immigration laws, or lose state funding. We thank Senator Green for his leadership to ensure that our country remains a country of laws and a country of immigrants," Lopez concluded.

For more information about Latinos for Tennessee, please visit our site and Facebook page.

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Tuesday, February 07, 2017

Council approves $16M in emergency funds for Nashville General Hospital

Council approves $16M in emergency funds for Nashville General Hospital

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Gov. Haslam to be at Townhall meeting to discuss the proposed gas tax, in Lebanon, Feb. 9th.

From Representative Susan Lynn:
Governor Haslam will attend my community meeting on Thursday night. This is a great opportunity to meet the Governor and to openly discuss his IMPROVE Act and the other plans that are being presented. Please attend; Thursday, February 9, Wilson County Courthouse, 228 East Main St., Lebanon, TN. Doors open at 6:00 pm, meeting starts at 6:30 pm.

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Townhall meeting on the proposed gas tax in Mt. Juliet, Feb. 9th.

Wilson County Republican Party
Senator Mae Beavers and Rep. Mark Pody will hold a Townhall Meeting on the proposed gas tax on Thursday, February 9th, at 6:30 p.m. at Mt. Juliet City Hall.

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(update) What's on the Council Agenda for Feb. 7th: New AirBnb rules, $16M more for General Hospital, $ to build affordable housing,

The Metro Council will meet Tuesday, February 7th, 2017 at 6:30 PM in the Council chamber at the Metro Courthouse.   Council meetings are really boring and I watch them so you can be a well-informed citizen of our city and still not have to watch the council meetings. If, however, you are going to watch the council meeting, you really need the agenda and  the Council staff analysis, otherwise you will be clueless about what is going on.  Follow the highlighted links above to view the agenda and staff analysis. With 39 bills on Public hearing, this could be a long meeting. Below is my commentary and analysis.

There are three appointment to Boards and Commissions on the agenda and you can expect all to be approved unanimously. There are two resolution on public hearing to grant an exemption to the minimum distance requirements for obtaining a beer permit. These are usually routinely approved.

Bills on Public hearing, most of the time, are zoning matters that interest no one except nearby neighbors and I don't even attempt to form an opinion on each zoning bill.  I only call attention to those that have an impact beyond one neighborhood or that have been disapproved by the Planning Commission or some reason I think will be contentious.   Here are the bills on public hearing that are of interest:


BILL NO. BL2016-449 is a rezoning in Councilman Scott Davis's district and it has not yet been considered by the Planning Commission. I am simply calling attention to this bill because Councilman Scott Davis was the subject of a recent Tennessean article on the topic of "councilmanic courtesy" that noted Councilman Scott Davis had had more disapproved bills, approved by the Council than anyone else.  The piece noted that a firm that benefited from these rezonings had made financial contributions to Councilman Scott's campaign.

Being the subject of scrutiny by The Tennessean does not prove wrong doing.  I wonder if The Tennessean has looked at Mayor Barry's list of contributors t to see if any of them do business with the city.  I would bet they would find that many have.

"Councilmanic courtesy" is what some call it anytime the Council votes contrary to a recommendation of the Planning Commission. The implication is that when faced with a disapproved bill, as a courtesy to the district councilmen, council members vote with the district councilman just assuming he knows what is best for his district.

When I was serving in the council, I did not always vote against a bill simply because it was disapproved by the Planning Commission but neither did I always vote for a council member if he was pushing a disapproved bill. I tried to weight the merits of the rezoning and gave weight to both the PC recommendation and the councilman's arguments.  I think the recommendation of the Planning Commission should be taken very seriously, but it is not wrong to vote against the Planing Commission either.  If the Planning Commission was never to have bills pass that they had disapproved, then why not just make the Planning Commission the final authority? A disapproved bill requires 26 positive votes to be approved.  That is a reasonably high bar. Since The Tennessean called attention to Councilman Davis's number of disapproved bills that have been approved, I am sure the press and neighborhood activist will be paying closer scrutiny to bills in his district, especially disapproved bills.

BILL NO. BL2016-491  requires that building façades fronting a street shall provide a minimum of one principal entrance (doorway) and a minimum of 25% glazing. Glazing means glass work. That seems awfully restrictive. Some owners building their dream house may not want a front door or that many windows. This would seem to stifle architectural creativity.  I don't think there is necessarily merit in all housing looking alike.  I would have to hear a good argument as to why this is necessary before I could support it. I emailed the sponsor asking for an explanation some time ago and never did get a response. This bill was on the Jan. 4th agenda and the sponsor was absent and the bill was deferred to this meeting.

SUBSTITUTE BILL NO. BL2016-493   is the sidewalk bill. It tightens up the requirements that developers build sidewalks. Under this bill, under certain circumstances a developer of a duplex would have to build a sidewalk in front of the house even it there was no other sidewalks on the street. It makes it more difficult for a developer to pay an "in-lieu" fee instead of building sidewalk. This bill was on the Jan. 4th agenda and deferred to the this meeting.

SUBSTITUTE BILL NO. BL2017-555  in council member Murphy's district changes the zoning on a bunch of parcels totaling 39 acres from R10 and RS40 to RS10. A zoning with "S" means duplexes are prohibited. I think the Planning Commission should adopt guidelines to discourage this type rezoning. Nashville is rapidly growing.  To support affordable housing and public transportation, we do need to pass legislation making Nashville less dense.   This is a bill disapproved by the Planning Commission. 
 BILL NO. BL2017-559  would allow members of the metro council to initiate rezoning of property owned by the metropolitan government. Now the mayor may do so or department heads but not the district councilman.  I can see the merits of this.  If a piece of Metro property was to become surplus, it seem reasonable that the district councilman should be able to initiate a proposed zone change.

There are 19resolutions on the consent agenda. Resolutions on "consent" are passed by a single vote of the council instead of being voted on individually. If a resolution has any negative votes in committee it is taken off of consent.  Also any council member may ask to have an item taken off of consent or to have his abstention or dissenting vote recorded.  Here are the resolutions of interest:

RESOLUTION NO. RS2017-519  approves a  sole-source contract for over a million dollars for a five year period between Metro and Host Compliance, LLC to provide services to identify unpermitted STRPs, collect data on the extent of all such non-compliance, estimate rental activity for permitted and unpermitted properties, compare estimated rental activity with hotel/motel tax receipts from the property, and maintain a 24 hour complaint hotline. This is basically computer technology and tech support. The system will monitor on-line sites such as Airbnb and then compare those Nashville listings on the sites with  permits and hotel-motel tax payment records. This may bring in additional revenues to offset the cost. 
This was on the agenda on January 4th and deferred to this meeting. As it turns out  The city almost awarded a $1 million sole-source contract when the chosen vendor was not the sole source. Councilman John Cooper is to be commended for his work is stopping this from happening. Since then, a Request for Proposals (RFP) has been submitted and this bill will be withdrawn.
RESOLUTION NO. RS2017-536   authorizes grants of  $8,339,401.00 from the Barnes Fund for Affordable Housing to certain nonprofit organizations to construct  affordable or workforce housing.  Agencies getting the funds are these: $4,579,110 to Urban Housing Solutions,Inc.; $3,500,000 to Woodbine Community Organization; and $260,291 to Dismas, Inc.
RESOLUTION NO. RS2017-538  throws another $16 million into the money pit known as General Hospital.  For more on this issue see these links:
General Hospital request for additional subsidy jumps from $10 Million to $16 Million. 
Metro General Hospital is seeking an additional $10 million dollar subsidy from the city.
Metro General seeks $7.5M more, on top of a recent $10M more, on top of the budgeted $33.5M subsidy. 
Council approves emergency $10M for Metro General Hospital
How the Mayoral candidates would address Metro General Hospital. None of them impress me.
Finally, it is OK to admit General Hospital is a loser.
RESOLUTION NO. RS2017-539 appropriates $540,000 for the cost of operation of the J.B. Knowles Home Assisted Living Facility. We were almost out of the nursing home business but the operator of the facility mismanaged the operation and metro stepped back in and took it back over. In recent council action the Council passed RS2017-540 that canceled the lease agreement with the management company than manages the Autumn Hills nursing home and it also rescinded the Council’s approval of the Purchase and Sale Agreement between Metro and the Vision Real Estate Investment Corporation for the sale of the 76 acre property.  For more on the issue follow this report from News Channel 5: Council Begins Process To Get New Autumn Hills Management.
 RESOLUTION NO. RS2017-553  is a memorializing resolution putting the Council on record approving of Governor Haslam's propose gas tax hike. 
There are 30 bills on First Reading but I don't know what's in them.  First Reading is a formality that gets bills on the agenda. They are not discussed by committee until after First Reading.  Almost always, bills on First Reading are lumped together and pass by a single vote.  I do not examine bills on First Reading.

Bills on Second Reading. There are 20  bills on Second. These are the ones of interest:
BILL NO. BL2016-484 would make it more difficult to locate landfills, solid waste disposal facilities and solid waste processing facilities in Davidson County. It adopts a state standard for approval that is already established as an option for local governments. Included in what this would do is it would require Council approval of "the plans" for such facilities not just the location of the facility and it would require approval by ordinance, not just a resolution, and it would establish criteria for evaluation. This was previously on Second Reading and deferred to this meeting.
BiLL NO. BL2016-461  requires employees of Metro to report fraud and unlawful acts committed against the Metropolitan Government to the Metropolitan Auditor. There is already a State law that does something similar. This was on second reading last time and deferred to this meeting.
BLL NO. BL2016-492  clarifies and modifies Short-term rental (STRP) rules.  In October of 2016, the 8th Circuit Court of Appeal ruled that Metro's existing Short Term Rental Property rules were unconstitutionally vague. This bill attempts to correct that defect and defines terms. It really doesn't do anything new. It clarifies and it incorporates recent changes passed by the Council to the STRP regulations.
The bill identifies three different type of STRP: Type 1, owner-occupied; Type 2,  not owner-occupied; and Type 3, not owner-occupied multifamily. The bill sets limitation on the number of the different types allowed per census tract and it sets occupancy limits. It sits the minimum and maximum length of stay for an STRP.  Why if someone wanted to rent a STRP for more than thirty days, they are not permitted to do so, I don't know. This bill requires that the owners contact information be posted within the property and the owner be available 24/7 to answer calls from renters. It spells out how complaints are handled and says that if a permit is revoked a new permit cannot be issued for that property for one year. It established a fine of $50 a day for operating a STRP without a permit. It also does a lot of other things.
The rules appears overly restrictive and I do not like this bill and would like to see less regulation. Much of what people complain about such as noise and parking is already covered by other code previsions. Also, as some of the thousands of planned hotels and motels rooms get build, I suspect the demand for Airbnb lodging to level off.
Since any change to this bill is likely to impose more regulations rather than less, if I were in the Council I would vote for this. Sometimes as legislator one is faced with the choice of voting for something he does not like in order to stop something from passing that he would like even less.
On the street on which I live there is a STRP diagonally across the street and another two doors down from me.  I never have had a problem with them. The owner of the properties has came by to visit with me and gave me her phone number and told me to call her I ever have reason to complain. I don't mind seeing the young girls in town for bachelorette parties come and go and families playing touch football in the front yard.  Some people are just not happy if other people are having fun.
This was on Public Hearing last council meeting and there were a lot of people speaking in favor and a whole lot more in opposition. Those in support were mostly short-term rental hosts saying they support the revised ordinance. Those in opposition said the bill does not go far enough. Some argue that STRP drive up local rental rates by taking what would be rental units off the market. Others complain of living next door to these units where people make excessive noise and party all night. One speaker talks of orgies taking place.  I would have to see that to believe it, but that is what is was said. Many of the speakers want type three STRP amended out of the bill and prohibited. Some want type two and three taken out and a few want all STRP banned. A lot of the opposition is organized. Among those in opposition were neighborhood activist John Summers and John Stern. Councilman sledge made arguments against the bill as did Councilman Weiner, Elrod and Glover. Glover made the motion to defer the bill two meetings which passed and that put it on this agenda.  I expect amendment to be offered to prohibit type two and type three STRP. To see the discussion at the public hearing see timestamp 38:14- 2:50:52 at this link. To see media coverage of this issue follow these links: WSMV,  Nashville Airbnb fans, foes collide at Metro Council ...  and The Tennessean, Nashville Airbnb fans, foes collide at Metro Council.

The staff analysis does not mention proposed amendments that would ban type 2 and 3 STRP what is being called "investor-owned" properties but I expect amendments to that effect to be offered.  Also their may be offered an amendment to impose a moratorium on the issuance of new STRP permits. If I were in the Council, I would oppose either type amendment and if they passed I would vote against this bill. If the Council does ban STRP, there is a possibility, the State legislature will take up the issue and pass uniform STRP regulations for the state of Tennessee. I would not be surprised to see this bill deferred again. For more on this issue see these links.
In 2015, short-term rentals boosted Nashville's economy by $477.2 million.
Metro's Airbnb law unconstitutional!
BILL NO. BL2016-496 would prohibit vehicles from parking in electric charging station spaces. This was on Second Reading twice before and deferred to this meeting. I have been tempted to park in those spaces myself but have not done so.  I am curious how much revenue the city is losing by having these reserved spaces. I have never seen a car charging at them. I wonder how often they are used. Instead of making it a penalty to park in these spaces, I would think the charging station spaces should be turned back into parking spaces.
BILL NO. BL2016-525 would require the Metropolitan Police Department to provide reports of positive engagements with the community to the Metropolitan Council. This got a negative recommendation in committee and at the last meeting the sponsor moved to defer to this meeting.
Bills on Third Reading: This is the only one of interest.
BILL NO. BL2017-542  is a bill requiring companies that provide incarceration services to Metro to have the specific contract approved by the Council. Metro Coucil does not normally approve specific contracts. Only contracts for solid waste disposal currently have to come before the Council. This bill also requires the company providing the service to provide to the Council a quarterly report detailing a massive amount of data.  This appears designed to make it difficult for the city to do business with companies that provide this service.  Metro employees always oppose outsourcing and it a contract for this service has to come before the Council then there will be organized efforts to defeat it.  The sheriff is an elected official.  The Council has to vote on the sheriff's budget. That seems like sufficient safeguards..  This seems unnecessary and designed to end Metro's contracting for incarceration services. I oppose this bill. 

To watch the Council meeting, you can go to the courthouse and watch the meeting in person, or you can watch the broadcast live at Metro Nashville Network's Government TV on Nashville's Comcast Channel 3 and AT&T's U-verse 99 and it is streamed live at the Metro Nashville Network's livestream site. You can catch the meeting the next day (or the day after the next) on the Metro YouTube channel.   If can stand the suspense and just wait I will post the video hear and provide commentary.

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Does racism drive Nashville's crackdown on Airbnb's?

by Chris Butler, Tennessee Watchdog -  Rowdy, loud-mouthed drunkards who carouse all hours of the night.

Thoughtless, self-centered people who adjust their speakers to full volume at 2 a.m., without care or thought for the neighbors, and profane behavior and language that would redden the face of any hedonist.

It’s a portrait certain Nashville Metro Council members paint depicting those who use Airbnb’s. As reported, Airbnbs are home-sharing programs that operate much like an Uber app. Instead of people using their cars to compete with cab drivers, they share their homes.

Council member Davette Blalock in an email to Tennessee Watchdog said her constituents have complained about these type people “disrupting normal, quiet neighborhoods.”
In another email, council member Burkley Allen said these people are “unruly guests.”


They and their colleagues are taking steps to clamp down on these home-sharing programs, and if they have their way, certain people who run Airbnbs won’t get a license to operate.  Others say it’s mostly bluster.
(RELATED — Nashville’s ritziest hotels get corporate welfare )

Shan Canfield
“There are laws on the books that are already supposed to deal with those things. If there are noise code violations then the city needs to enforce what is on the books,” said Mark Cunningham, spokesman for the Nashville-based Beacon Center of Tennessee, a free-market think tank.

“I’m sure some of the stories about partying are true, but some of those stories seem exaggerated based on people not wanting Airbnbs in their neighborhoods.

Shan Canfield said she had 139 lodgers last year at two Airbnb’s she runs in East Nashville. Mostly, she said, these are families or couples in town for music shows, football games or weddings. She said her neighbors never complained.

Canfield said she had only one troublemaker, a well-known entertainer who had drugs. She did not identify the entertainer but said she dealt with the problem.

“I will not rent to this guest again,” Canfield said.

“I’m getting ready to retire this year. Airbnbs enable us to survive until our dying day — assuming our investment doesn’t get interfered with.”

Alece Ronzino runs Airbnbs in East Nashville, and she has done so for two years, all for extra income. There’s never been an incident, she said.
“I won’t allow one bad seed to ruin the whole crop,” Ronzino said.


Alece Ronzino (photo courtesy of Alece Ronzino)
Alece Ronzino, who rents out Airbnb’s
 (photo courtesy of Google)
“I understand that trouble is a possibility, and I don’t doubt it has happened elsewhere in Nashville, but I looked at all the reports that have ever been made to the city, and they are so miniscule compared to the number of people who have stayed in our city via Airbnbs. I’d rather the city find a better way to enforce policies.”

Ronzino said many of her guests only come to Nashville because Airbnbs make the trip affordable. Competing hotel rooms, she said, “charge exorbitant prices.”

Ronzino said some of the people who complain about Airbnbs may have ulterior motives. “It’s racism masked in nicer phrases,” Ronzino said.

My Comment: If racism is a factor, I suspect it is a minor factor. Actually, I hate people playing the race card.  Something is going on however. The passionate opposition to short term rentals is hard to understand. There is a Short Term Rental property across the street from me, one door down, and  on my side of the street there is one two doors down.  I have seen the young girls in town for bachelorette parties coming and going and have seen what look like family groups playing touch football in the front yard.  I have never seen drunken parties, orgies, or been bothered by loud music. I have seen people enjoying themselves as they visit my city.  I have come to believe that some people are just not happy if other people are having fun. I do think there should be reasonable regulation and think it is appropriate that they be registered and pay the hotel-motel tax.  I think those illegally operating should be pursued and made to play by the rules, but  I fully support STRPs.

With the "gig" economy made possible by new technology we are seeing an explosion in consumer choice and job opportunities.  I often use Uber and love it.  Before embracing ride sharing, Nashville tried to ban it. The State unsuccessfully tried to stop a new service that lets someone use a phone app to summon a hairdresser to their home.  At first the city tried to stop Food Trucks from operating in Nashville. Other types of new services have ran into opposition.  Often innovation is met with resistance. People do not like an innovation that brings about new competition for their business model and people are just comfortable with the status quo.

Airbnb and related services seem to be a great way to get to visit and know a new city.  When my wife and I traveled it was before the days of Airbnb, but we often stayed at small pensions off the beaten path.  We did this because we traveled on a limited budget, but also I think we had a more authentic experience than if we would have stayed in a cookie-cutter modern hotel. We had adventures.

Airbnb and related services have become a world-wide phenomena. It has been met with mixed reaction, however. New York city, the center of American capitalism and finance, has banned them while in Havana, in Communist Cuba, they are legal.   I think Nashville should embrace private property rights, technology and innovation and get out of the way. 

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Monday, February 06, 2017

$1.2M per job !!! ??? This isn't fake news! You can't make this stuff up. State's largest tax credit for biz costs $1.2M per job.

State's largest tax credit for biz costs $1.2M per job, study finds

by Mike Reicher, The Tennessean, Feb. 6, 2017 - Tennessee taxpayers forgo $1.2 million each year to subsidize a single job through the state’s largest business tax break program. .... if Tennessee collected the $142 million it forgoes each year because of the business tax credits, the state could pave nearly 800 miles of interstate highway lanes or hire more than 2,300 teachers .... That particular credit cost the state an average of $66.7 million per year from 2011 through 2014, or $1.2 million per job. .... (read more

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