Council meeting of 2/05/2013 with notation and commentary

Above is the video of Tuesday night's council meeting. It is 2 hours and 19 minutes long.

There are nine bills on public hearing.

Most of them are zoning issue that would impact no one except the immediate neighbors of the proposed rezoning so I not going to attempt to describe this purely local bills, except to call attention to them.

BILL NO. BL2013-348 would rezone 81.70 acres in midtown. This apparently is part of that proposed massive rezoning that was to coincide with the new east-west bus mass transit proposal, however I am not sure of that. In any event it is deferred until May 7th.  

BILL NO. BL2013-351 is a rezoning in mid town that proves controversial. The discussion starts at 7:55 in the video and does not end until 43:02 and it passes.

BILL NO. BL2013-353 sponsored by Councilman Tenpenny is a bill that would rezone a piece of property in Woodbine to benefit a tire recapper and it generates quite a bit of public comment. I find this interesting because this is the former district I used to represent many years ago and I still have an interest in things that happen in my old district and because the local Internet group has been abuzz with discussion about this , and also because Rick Williams, a citizen activist who many of us know, speaks in favor of it and former Council member Anna Page speaks in opposition. This bill was disapproved by the Planning Commission but passes on a voice vote. (see 43:56 to 1:31:18)

BILL NO. BL2013-354: This ordinance would delete the "historic home event provisions" in their entirety and would create a new use called “special events center” to be permitted in the mixed-use, office, and commercial districts, and permitted with conditions in the mixed-use neighborhood and commercial neighborhood zoning districts. These events would not be allowed in residential zoning districts.

I really don't know what the impact of this would be and thankfully it is deferred indefinitely. There are some old historic homes in Nashville which are permitted to act as bed and breakfast facilities and to host events such as weddings and receptions and corporate retreats.  Some of these old homes are so grand that it not allowed to operate in this capacity they would probably deteriorate and eventually become condemned and be lost forever. I live in a neighborhood with one of these historic homes that operates in this fashion. Some neighbors have relentlessly tried to prohibit it's operation, opposing horse-drawn carriages delivering brides to the home for weddings, counting cars to try to catch the venue violating the valet parking requirements and timing the required ending time of events to catch people not leaving by the required time. I actually think having this historic home in my neighborhood is a plus, but some neighbors try to drive them out of business. I hope this ordinance is not an attempt to destroy the operation of these historic homes.

There are twelve resolutions, all were originally on the consent agenda however 558 and 559 are removed from the consent agenda.  A resolution is on the consent agenda if it passed the committees to which it was assigned unanimously. Bills on the consent agenda are usually not controversial and tend to be routine matters, such as accepting grants from the Federal or State Government or authorizing the Department of Law to settle claims against the city or appropriating money from the 4% fund. Resolutions on the consent agenda are passed by a single vote of the Council rather than being considered individually. However, any member of the body may have a bill pulled off of the consent agenda. All that remain on the consent agenda pass.

The resolutions amending the Capital Improvements Budget and Program (RESOLUTIONNO. RS2013-558) and the bonding authority for additions to the Capital Improvements budget (RESOLUTIONNO. RS2013-559),  which authorize and funds the improvement to the rear of the Bridgestone Arena which will now be across from the front of the new Music City Center and the relocation of the central police precinct, which is now located in the Bridgestone Arena on Broadway, are substituted and pass.  The substitutes are only minor changes. Given that we have already built the new conventions center, in my view, these improvements seem reasonable. These resolutions pass without opposition.

Bills on First reading almost always pass. There are twenty bills on first reading. They are considered as a group and are seldom discussed. First reading is a formality that allows the bill to be considered. Bills are not assigned to committee or analyzed by council staff until after they have passed first reading.  

 Bill 360, which is another bill concerning the pay and benefits, including health insurance benefits, of former Metro Council members is passed on first and differed indefinitely. Council remember Evans explains why (1:40:25).

Bills on Second Reading: It is on Second reading, after bills have been to committee, that discussion usually takes place.  There are only three bills on second reading and none of them are of any importance.

Bills on Third Reading: Third Reading is the final reading. If a bill passes third reading it becomes law unless it is vetoed by the Mayor, which has only rarely happened. Below are the bills of interest on third reading.

• SUBSTITUTE BILL NO. BL2012-283 is the new Metro Solicitation bill that would impose new regulations on commercial door-to-door solicitors. (Read more about this issue.)  This bill is deferred until the first meeting in March.

• BILL NO. BL2012-320 is the bill that would reduce the health insurance benefit to future former Metro Council members. This benefit currently costs Metro approximately $300,000 per year. Due to term limits there are a growing number of former metro council members. This cost is going to continue to increase. This bill passed second reading by a vote of 25 to 13.

Here is how council members voted on second reading:

"Ayes”- Barry, Steine, Garrett, Tygard, Banks, Scott Davis, Westerholm, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Allen, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Todd, Mitchell (25);
"Noes”- Maynard, Matthews, Harrison, Hunt, Bennett, Pardue, Moore, Gilmore, Evans, Johnson, Potts, Bedne, Dowell (13).

On third reading it fails. These are the members who voted for it an third: Tygerd, Banks, Glover, Stites, Clairborne, Holeman, McGuire, Harmon, and Mitchell.

The logic for the defeat is to have a full comprehensive compensation study to include a consideration of the size of our forty-member council.  

I am very disappointed that some of whom I think of as the "good" council members voted against this bill. Congratulation for Claiborne for trying. (See the discussion at 1:49:22 - 1:59:09)

BILL NO.BL2013-338 by Tygard and Dominy says that no sole source contract for the purchase of goods or services in excess of $250,000 may be entered into unless the contract has been approved by a resolution adopted by the council by twenty-one affirmative votes. Unfortunately, this bill is amended to exempt contracts  for development services, which means the city's contract with the Chamber for Partnership 2020 will not have to have Council approval. This is too bad. This is still a good bill but does not address the serious issue of Partnership 2020. It passes. 

BILLNO. BL2013-339 and BILL NO.BL2013-340 are more incentives to private business to get them to stay or relocate to Nashville. Councilman Stites tries to amend the bill to require that companies getting these incentives be accountable for the job creation they promise in exchange for tax abatement.  Councilman McGuire argues against the Stites amendment. 

Councilman Stites has been the lone voice critical of these incentives. This time he picks up some support. Stites does a great job arguing his position. Also, congratulations to Councilman Duvall. "Folks, we are giving away the people's money,"  he says. 

This practice must end or every company that stays or locates to Nashville will expect a bribe for doing so. While Stites loses, it looks like the idea that performance standards accompany tax incentive deals is gaining ground. Five council members vote against the deal: Stites, Standley, Gilmore, Dominy, and Duvall. 

(See 2:00:49- 2:15:02) (See the Tennessean and City Paper articles below to learn more about the issue.)

Below is the Tennessean's coverage:

Metro Council signs off on arena improvements, other spending

 by Joey Garrison, The Tennessean, Feb 5, 2013- Major exterior upgrades are in store for Bridgestone Arena's south side, including new retail and restaurants to anchor a second stadium entrance, as part of a $110 million capital plan the Metro Council approved Tuesday.

Also Tuesday, the council agreed to forfeit millions of dollars in tax revenue for the promise of job creation after approving separate property tax discounts for Nashville-based AmSurg Corp and Seattle's Oberto beef jerky. The deals are intended to spur investments from the companies. (link)

Here is the City Paper coverage: 

Council passes AmSurg, Oberto tax breaks despite last-minute amendment effort

By Steven Hale, City Paper,Tuesday, February 5, 2013 - 
...
Councilman Josh Stites, a consistent opponent of Metro’s tax incentive packages, offered amendments that would have required the companies to reach job-creation benchmarks in order to receive the full tax break. They were defeated, but the idea of including more accountability in similar deals going forward found support. (link)

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Joe Carr has added Thomsen Smith to his campaign "exploratory committee."

Representative Joe Carr has added Thomsen Smith to his campaign "exploratory committee."  Smith, who is a heavy-hitter will lead the fundraising for the Carr committee. Already on board are Republican heavy wights Lee Beaman, who is chairing the committee, and Dr. Nate Schott as treasure.

Thomsen Smith runs RAAMPAC (Republicans Achieving a Majority PAC) for Lieutenant Governor Ron Ramsey. He has worked for the National Republican Senatorial Committee, Bill Frist and Fred Thompson for US Senate, Lamar Alexander and Fred Thompson for President, Ron Ramsey for Governor, and the Tennessee Republican Party under four Chairmen. Thomsen’s past Congressional clients include Ed Bryant for Congress, John Linder for Congress (GA), Mark Norris for Congress, Stephen Fincher for Congress, and Jim Tracy for Congress in 2010.

State Representative Carr is running for the U. S. seat currently occupied  by Scott DesJarlais in the 4th Congressional District. Carr has most recently gained media attention by proposing a bill that says that if the Federal Government passes any new legislation  regarding gun control that not only will the state not enforce it, but local law enforcement personnel will be required to arrest federal agents enforcing new federal gun laws in Tennessee. 

DesJarlais is the ethically challenged Congressman who ran as a pro-life candidate who tried to talk a mistress into having an abortion and who did encourage his then wife, now ex-wife, to have two abortions, which she had.  Also, he is a medical doctor and in violation of ethical standards slept with at least two of his patients, one of which we know he prescribed drugs for, which apparently makes the offense of sleeping with a patient somehow even more offensive. Anyway, he is a deeply flawed human being and a hypocrite who needs to be defeated in a primary challenge. The primary will be in 2014 and since the district leans heavily Republican, the winner of that primary will most likely win the general election.

In addition to.Joe Carr who is exploring running against Desjarlais, State Senator Jim Tracy has also announced he is running.. Senator Tracy has received the endorsement of Lt. Gov. Ron Ramsey, former Republican Gov. Winfield Dunn, Senate Speaker Bo Watson, Senator Mark Green, and others. This is going to be a long campaign, expensive and hard fought. Hopefully no other major candidates will get in the race. It would be a shame if the vote was slit so many ways that Desjarlais remained the Party's candidate.

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What happened in the Council Feb, 5, 2013: Bridgestone improvements and more corporate welfare

Here is the video of last night's council meeting. It is 2 hours and 19 minutes long. I have not watched it yet myself. If you wait, I will watch if for you and tell you what is important and where to go in the video to see the rousing rhetoric, passionate speeches and exciting debates. I also may tell you what to think about it. If you can't wait, have at it.

Below is the Tennessean's coverage:

Metro Council signs off on arena improvements, other spending

 by Joey Garrison, The Tennessean, Feb 5, 2013- Major exterior upgrades are in store for Bridgestone Arena's south side, including new retail and restaurants to anchor a second stadium entrance, as part of a $110 million capital plan the Metro Council approved Tuesday.

Also Tuesday, the council agreed to forfeit millions of dollars in tax revenue for the promise of job creation after approving separate property tax discounts for Nashville-based AmSurg Corp and Seattle's Oberto beef jerky. The deals are intended to spur investments from the companies. (link)

Here is the City Paper coverage: 

Council passes AmSurg, Oberto tax breaks despite last-minute amendment effort

By Steven Hale, City Paper,Tuesday, February 5, 2013 - 
...
Councilman Josh Stites, a consistent opponent of Metro’s tax incentive packages, offered amendments that would have required the companies to reach job-creation benchmarks in order to receive the full tax break. They were defeated, but the idea of including more accountability in similar deals going forward found support. (link)

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New TN office of 'repealer' would target useless or unreasonable laws to sweep away

TN Lawmakers Create Office of the Repealer to Shrink Government

By Blue Collar Muse- Tennessee state GOP lawmakers Representative Glen Casada and Senator Jack Johnson, both from Franklin, announced they have filed HB 500 and SB 595 to modify the TCA and create the Office of the Repealer.

Under the direction of the Office of Tennessee’s Secretary of State, Tre Hargett, the Office of the Repealer would be tasked with “Investigating and collecting information regarding the state’s laws and rules and regulations to determine instances in which such laws and rules and regulations are unreasonable, unduly burdensome, duplicative, contradictory or unnecessary;”  Casada, Johnson propose 'repealer' to cut state laws

The Tennessean ‎- by Chas Sisk ‎

Glen Casada and state Sen. Jack Johnson, both Franklin Republicans, have filed a bill that would create an Office of the Repealer, whose job ..

My Comment: This is the kind of creative thinking we need to shrink government. Thank you to Glen Casada and Jack Johnson. This is a good start. Next, we need a process to systematically review every license or permit issued by State government to determine if they are necessary and if they are, are the requirements and cost reasonable or excessive. I would start with training for beautician. To protect me from a bad haircut why does the government require hair stylist spend thousands of dollars and two years in training. A bad haircut will grow out.  

The State government should also look at prohibiting local governments from passing laws that unduly regulate, license or fix prices. Metro Nashville's limo price fixing is the kind of law that the State should not allow. The Republicans have a super majority: use it.

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Senate panel sends income tax ban to floor vote

Senate panel sends income tax ban to floor vote 

The Senate Finance Committee has advanced a proposed constitutional amendment to explicitly ban a state income tax to a full floor vote.
more>>

Comment: We are nailing the coffin shut on a state income tax. Good! The measure still has to pass both the House and the Senate by two-thirds vote before it can go to the public, but I suspect that will happen and I suspect that in 2014 the voters of Tennessee will pass a constitutional amendment that will bury a State income tax forever. 

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Ken Jakes was not allowed to Speak at NES 'dog and pony' show

Ken Jakes was not allowed to address the special joint Metro council committee meeting last night called to review a recent NES audit that revealed massive criminal activity and mismanagement.  Jakes is the person who simply as a concerned citizen investigated and exposed massive corruption and criminal activity at NES.  As the person who knows more about the criminal activity and the culture of corruption at NES than anyone else, in my view, he should have been allowed to address the Council.  It is disappointing that no one on the joint committee spoke up even advocating that Jakes be allowed to address the Council.  Instead, the Council only heard from NES.  Apparently, NES spokesmen were permitted to equivocate, explain, and wiggle their way out of the charges against the agency being taken seriously. I was not at the meeting and am hoping Channel 3 filmed it.  If so, I will post it.  I am also looking for more information about what happened.

Since Ken Jakes was afraid he would not be allowed to speak, he had emailed a list of suggested questions for Council member to ask. Below is an excerpt of that email:

The illegal contract between Gaylord and NES was made and entered into by Decosta Jenkins.

Ask him does the contract have his signature on it indicating his knowledge and acceptance.

Ask him if he has the Back ground profession of a CPA.

Ask him how on earth a man with a CPA back ground with expertise in accounting would not know it was illegal to swap 71,000.00 dollars of public funds for free gifts and perks for himself and other high ranking management of NES  when it did not benefit the rate payers at all.

Ask him did he use or accept from the contract any of the following free perks or gifts

1. free golf passes

2. free show tickets

3. free dinner and show tickets

4. free parking passes

5. free room nights in the Opryland Hotel.

In the Metro Charter Under article 42 and 43 appendix three ( Electric Power Board ) it states the following :

The officers, agents and employees of the board are prohibited from appropriating or using any of the moneys, revenues, assets or property of the board, or of the metropolitan government, or its credit either directly or indirectly by way of donations for festivities, exhibits, shows, lectures, pageants, excursions, decorations, or parades, and shall not give or grant to any person or persons any reduction or other benefit of any kind in rates or service by the board.

Read this and ask the Chairman is this not a clear definition as to what Decosta Jenkins entered into with the contract between Gaylord.

Ask Decosta Jenkins if he believes that good leadership leads by example and is it not correct that the NES employee manual under 2.02 ( b ) prohibits employees from accepting the free perks from Gaylord in the illegal contract and how can he lead if he excepted the free perks himself.

Ask Decosta Jenkins, if he stated on channel 5 that the 17/million bid rigging contract was an error on his part. Ask Decosta Jenkins if the rate payers are paying him 345,000.00 dollars a year salary plus other benefits and considerations to make 17/million dollar errors. Ask the Chairman if he believes the rate payers believe they got the best return on their 17/million dollar investment with no competition in the bidding process. 
( Illegal contract with Gaylord --------Decosta Jenkins)
17/ million dollar bid rigging contract -------Decosta Jenkins )

Nes had 160 credit cards issued, they have now since my findings and other issues by the Comptroller reduced it to 11 credit cards, wow !!!!!!!!!!!!!!!!!!!

They had employees making charges on NES credit cards on Ebay, Amazon, BabiesRus, employees taking surplus from NES and listing on ebay and selling, Credit Card issued to an individual who was not even an employee of NES.

Employees willfully and intentional falsifying government documents for reimbursements and payments from NES.Lavish meals on Credit Card while in Nashville not Traveling ( Are you ready to party, my opinion ). 

All this under the watch and leadership of --------Decosta Jenkins ( who is minding the store ? Why are we paying him 345,000.00 a year ?)

NES establishing a PRECEDENT, that anything goes within NES. They are not above the law. I am sure when I get this to the Federal District Attorney he will see it for what it is, public corruption in the worst way.

Please ask these questions and others that you have. The rate payers need justice.

How much of this was asked and how hard council members pushed, I don't know.  According to Ken Jakes, the NES performance was a "dog and pony" show and NES avoided straight answers. Below are excerpts from a follow up email to some members of the metro Council:

I want to thank you for attending the meeting regarding NES and also inform of some misleading statements.

Charlie and Phil, I recall both of you addressing if Decosta Jenkins had received any of the free perks. He responded back he used a room that he paid for and a golf pass. He never mentioned that he used dinner show tickets. I have emails to verify that.

He also stated that they did not ask GAYLORD for the free perks they just provided. This is totally false. The contract calls for the specific invoice number and dollar amount not to be paid in exchange for the free perks. How can this not be asking for them ?

Did everyone notice how much there answers were of the present instead of the past. They did and Decosta did use free perks in the past regardless of what they did this past Christmas after the issue was being investigated.

Their answers were nothing more then a dog and Pony show for the public. And I don't believe in my opinion that the Chair gave an honest answer regarding if his company had these issues, the employee would hold that position.

Let me just say thank you and let you all know that it is not over yet. There are avenues that can be taken to get this to the US District Attorney and I make that commitment to you all.

I am glad to see Ken is not going to let this drop. I wish a member of the  Council would take up this cause. Corruption like this should not go unchallenged and unpunished. Also, I hope some ambitious attorney sees the failure of Torry Johnson to indict as a campaign issue and Johnson finds himself facing a serious challenge next election.

Just an observation:  Back when newspapers had more staff and we had two local dailies, they would have been competing for this story. There would have been daily exposure of the corruption and the press would have dug deep. Now, with one half of a newspaper their is less scrutiny of things like this. While citizen activist and bloggers can fill some of the void left by the absence of newspapers, the absence of aggressive investigative reporters makes corruption much easier to get away with.

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Council's NES meeting put off.

I took off from work to attend the 3PM scheduled special joint Council committee meeting concerning NES and it did not occur. It had been rescheduled to 6PM today. Why it was rescheduled at the last minute, I don't know. I am unsure I will be able to attend. the 6PM meeting. If anyone can contact your councilman between now and then or if anyone can attend the 6PM meeting, please do.

Let your councilman know that they should hear from Ken Jakes, the person responsible for bringing the NES illegal activity to justice. Also, tell them you want justice done. Tell them those who committed these criminal acts should be punished and Lacosta Jenkins, should be fired.

To read more on this issue, see the below post:
Let Ken Jakes speak at the special Council Committee meeting on NES!  
Ken Jakes tells NES Board Decosta Jenkins must go!
Ken Jakes turns up the heat on NES 
Formal ethics complaint filed against NES's Decosta Jenkens. Public needs to demand action!
Audit of NES shows an outrageous lack of ethics (link to article by Gail Kerr)
Some NES employees need to go to jail, a lot ought to lose their job. (with Channel 5 video)

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Let Ken Jakes speak at the special Council Committee meeting on NES!

There will be a special called joint meeting of the Metro Council Budget & Finance and Rules-Confirmations-Public Elections Committees on Monday, February 4, 2013, at 3:00 p.m. in the David Scobey Council Chamber at the Metro Court House regarding the recently completed audit of Nashville Electric Service. Electric Power Board Chair Robert McCabe and NES President Decosta Jenkins will be there to address Council members in detail and answer questions regarding findings and recommendations from the recent audit.

To provide a little background: Citizen activist Ken Jakes following the trail of some suspicious activity involving NES, used freedom of information request to view thousands of records of letters, invoices, emails and other documents. He spend months looking over records and found what he was looking for but also found much more. He turned the information over to the State Comptroller which conducted an audit which revealed massive theft at NES. NES bigwigs had accepted thousand of dollars worth of golf games, overnight lodging, meals and drink, and tickets to shows in exchange for providing services to Gaylord.

In addition to Gaylord payoffs, the audit found a single source contract for cable written in such a way so there was only one provider of the product and found a questionable financial relationship between an NES employee and the provider of the cable.  Other criminal activity discovered included employees of NES using NES credit cards and pay pal accounts to make purchases for their own use.

What NES employees were engaging in was criminal activity.  If an NES customer was stealing electricity by illegally tapping into a power line, they would be prosecuted. If someone was stealing NES wire and selling it for scrape they would be prosecuted.  No one has been prosecuted for the criminal activity at NES. The audit findings were presented to DA Torry Johnson and he refused to indict.

Not only has no one been charged with a criminal offense. No one has even lost their job.  Some people ought to be in jail and a lot of people ought to be fired. This is being swept under the rug. NES has instituted changes in policy so this type of criminal activity is less likely to happen in the future, but that is not good enough. There should be punishment. The Council needs to hear from Ken Jakes. This issue should not be treated as simply a department that got a poor audit.

Ken Jakes has asked to speak to the joint committee meeting, writing the following email:

From: Ken Jakes
To: Councilmembers@nashville.gov
Sent: Tuesday, January 29, 2013 8:34 PM
Subject: Request to speak

Budget and Finance ( Chair Lonnell Matthews )

Rules and Confirmations ( Chair Anthony Davis )

And all of The Metro Council

Council Members, I would like to request to be able to speak and address the special called meeting on 2/4/13 regarding the Comptrollers report findings on NES. Many of the issues in the Comptrollers report were uncovered by me researching over hundreds of Thousands of public records. Coming from NES you will only hear from one side of the fence. You the representatives need to hear first hand, many of the issues.

Thank you,

Ken Jakes.

615-347-3379.

He got the following reply:

From: "Lonnell Matthews" matthews

@gmail.com>

To: "Ken Jakes" jakes@comcast.net>
Cc: Councilmembers@nashville.gov
Sent: Tuesday, January 29, 2013 11:00:41 PM
Subject: Re: Request to speak

Mr. Jakes,

I hope you and your family are doing well.

The special called meeting to discuss the recent of audit of NES is intended to give Council members the opportunity to address questions and concerns to NES staff and board members.  This is not intended to be a public hearing, so unfortunately your request to speak cannot be granted for this meeting.

In order for you to have the opportunity to have your specific concerns address I suggest that you forward your questions and concerns to Council members.  If inclined, they will be able to bring up your concerns during the special called meeting.

Thank you in advance for your understanding.

Ken responded saying, "I do understand that it is not a public hearing. I also understand that any citizen can come before a meeting of the Council members if a motion is made and seconded and passed by the present members. It can be permitted and I am asking and requesting due to the serious issues that the exception be made."

Since Ken Jakes was the one who discovered the wrong doing and knows more about it than any single other person, he should be allowed to address the Council.  I fear that the Council will hear one side of the story and never take any action. The Council needs to hear from Ken Jakes. Please ask your Council member to let Ken Jakes address this committee. Also, the people need to let their Council member know that they are disgusted by the criminal activity at NES and the mismanagement. Let your Council member know they should push for criminal charges being brought against those who committed crimes and that Degosta Jenkins who heads NES should be fired. 

Some times the Council is more conscientious if they know the public is watching. I plan to attend the committee meeting on Monday afternoon to provide moral support to Ken Jakes and to observe. If you can do so, please attend this important committee meeting.

Please contact your council member and ask him to let Ken Jakes make a presentation to the committee.

Below is more information on this issue:
Ken Jakes tells NES Board Decosta Jenkins must go!
Ken Jakes turns up the heat on NES 
Formal ethics complaint filed against NES's Decosta Jenkens. Public needs to demand action!
Audit of NES shows an outrageous lack of ethics (link to article by Gail Kerr)
Some NES employees need to go to jail, a lot ought to lose their job. (with Channel 5 video)

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Entrepreneurs and IJ: Driving Forces for Innovation

From Institute for Justice

IJ client Ali Bokhari had an innovative and successful business model of using late-model towncars to keep prices low until Nashville, Tenn., instituted a minimum fare for sedans.  IJ is fighting on behalf of Ali and similar entrepreneurs whose right to economic liberty is in jeopardy.

By Larry Salzman, Institute for Justice - 

If there is any ironclad rule of entrepreneurship, it is that every new innovation is likely to be attacked by businesses and regulators opposed to change.

Entrepreneurs are men and women who take action to bring into reality their vision of what might be. Sometimes that is simply a vision of a better job and a better life for the entrepreneur and his or her family—like the business of IJ client Silvio Membreno, who came to the United States from Nicaragua and has earned his living as a flower vendor in Hialeah, Fla., for the past 15 years. Sometimes an entrepreneur has a vision of offering a unique service in a new place, such as IJ client Jestina Clayton: She found a wide-open market in Utah for the traditional African hairbraiding she learned in her native Sierra Leone.

Silvio’s and Jestina’s success threatened established businesses, which ran to lawmakers to outlaw them rather than compete. But with IJ’s help, Silvio and Jestina fought back. Silvio joined with us to file a lawsuit challenging regulations being pushed by florists and other established retailers to drive mobile vendors out of business. Thanks to an IJ legal victory over Utah’s cosmetology cartel in federal court in August, Jestina is now free to continue her hairbraiding.

Sometimes, however, entrepreneurs have a vision so large it not only threatens local bullies or lazy competitors, but also changes the shape of entire industries in order to create something new and better. Consider, for instance, the Internet communications company Skype. In less than a decade it rose from a small startup with a few employees to an international juggernaut, used by more than 500 million people, in nearly every country, connecting more people around the world on any given day than several of the largest traditional telecom companies combined—at a tiny fraction of the cost. That success was possible in part because Skype was free to innovate outside the thicket of traditional telecom regulation—and had deep pockets to fend off legislation that might have shut it down.

In just the past year we have begun to see powerfully disruptive entrepreneurship occurring in two fields very familiar to IJ: vending and transportation.

On the vending front, food trucks are changing how Americans eat. Once relegated to construction sites, food trucks are now booming in popularity, selling creative, cutting-edge cuisines to an excited public. Innovative culinary entrepreneurs rely on the Internet, using Twitter and Facebook and other web tools to let patrons know where they will be selling that day and to establish a following. A trend that began at the beginning of the economic downturn due to the relatively low startup costs of food trucks has bloomed into thousands of trucks nationwide serving millions of patrons each day. Unfortunately, it has also attracted opposition from regulators and politically connected restaurant associations who seek to use the law to block food trucks from competing with brick-and-mortar establishments.

All but five of the 50 largest cities in the United States now have laws that make it difficult, if not impossible, to successfully operate food trucks. IJ has rebutted the myths that have fueled these ordinances in a report, Seven Myths and Realities about Food Trucks, and has begun taking cities to court. An IJ lawsuit in El Paso forced the repeal of protectionist legislation that stifled food truck vendors, and this past November, IJ teamed up with two Chicago-area food trucks—The Schnitzel King and Cupcakes for Courage—to kick off a major constitutional challenge to a protectionist ordinance recently passed in the city.

IJ has long fought against regulations that prevent independent taxi and sedan car drivers from earning an honest living. Recently, however, Internet entrepreneurs have started a quiet revolution in the transportation industry. Smartphone apps created by companies such as Uber.com, Hailo.com, TaxiMagic and others use the Internet and GPS to link drivers and riders, routing limos, sedan cars and taxis to passengers within minutes and allowing passengers to pay online with their phone. Since most of the sedan-car operators who use these services are independent entrepreneurs, they pose a major challenge to taxi cartels. The new services make transportation more convenient for riders and more profitable for drivers, who spend less time circling around looking for passengers and more time running their meters. Hailing a car with your smartphone is now possible in more than 20 U.S. cities and dozens of European cities as well.

It is estimated that in the past two years since hail-by-app began in London, more than 50 percent of the cabs there—likely the world’s busiest taxi market—are hailed by smartphones. That success was made possible because the city adopted a hands-off regulatory approach to the new technology, increasing competition. Unfortunately, many U.S. cities, at the behest of a powerful taxi lobby, are considering legislation aimed at prohibiting competition between taxis and livery vehicles and outlawing the convenience of hailing by smartphone app. These proposed laws have nothing to do with protecting public safety but are merely a way for politically powerful cab companies to try to shut down a flourishing new market. In Portland, Ore., and Nashville, IJ has teamed up with independent sedan car drivers to prove that such protectionist laws are not only wrong, but unconstitutional.

Entrepreneurs expect to fight the status quo. Too often today, however, they must also fight unjust and arbitrary regulations to see their vision become reality. But entrepreneurs who refuse to submit do not stand alone. IJ stands with the innovators—and is itself as entrepreneurial as the clients it defends. We are seizing opportunities presented by these new and emerging business models to establish a rule of law under which individuals can control their destinies as free and responsible members of society—and our past successes show that we can win.

My comment: While not successful in overturning Nashville limo price fixing bill, IJ fought the good fight. A few years ago, IJ was successful in stopping the taking of Joy Ford's property.  Her property was going to be taken to benefit a developer who wanted her building so he could develop the site. IJ is on the front line protecting property rights, opposing policies that fix prices and restrict competition and standing up for free enterprise. We can not trust local government to do what is right.  In the case of limo price-fixing, the Metro Council voted unanimously to impose it.  When even the so-called conservatives on the Council side with the entrenched interest and trample our liberties we need an organization like IJ. Institute for Justice is one of those organizations that I support. To make a contribution, follow this link: Donate, The Institute for Justice.

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What is on the Council agenda for Feb 4, 2013

This should be a short Council meeting.

You can get your own copy of the Metro council meeting agenda at this link: Metro Council Agenda. From the agenda you can link to the analysis, or at least it used to be that way. For the  last couple council meetings, the agenda has not linked to the analysis.  You can find the analysis at this link: Metro Council Agenda Analysis. Council meetings can be really, really boring if you don't know what the Council is voting on. With an agenda and analysis, they are just really boring.

There are nine bills on public hearing. Most of them are zoning issue that would impact no one except the immediate neighbors of the proposed rezoning, except for BILL NO. BL2013-354. This ordinance would delete the "historic home event provisions" in their entirety and would create a new use called “special events center” to be permitted in the mixed-use, office, and commercial districts, and permitted with conditions in the mixed-use neighborhood and commercial neighborhood zoning districts. These events would not be allowed in residential zoning districts.

I really don't know what the impact of this would be, however I hope someone is paying attention. There are some old historic homes in Nashville which are permitted to act as bed and breakfast facilities and to host events such as weddings and receptions and corporate retreats.  Some of these old homes are so grand that it not allowed to operate in this capacity they would probably deteriorate and eventually become condemned and be lost forever. I live in a neighborhood with one of these historic homes that operates in this fashion. Some neighbors have relentlessly tried to prohibit it's operation, opposing horse-drawn carriages delivering brides to the home for weddings, counting cars to try to catch the venue violating the valet parking requirements and timing the required ending time of events to insure events end by the required time. I actually think having this historic home in my neighborhood is a plus, but some neighbors try to drive them out of business. I hope this ordinance is not an attempt to destroy the operation of these historic homes. The ordinance was deferred by the planning commission at its January 24, 2013 meeting so we can expect it to be deferred by the Council.

There are twelve resolutions all of which are on the consent agenda. A resolution is on the consent agenda if it passed the committees to which it was assigned unanimously. Bills on the consent agenda are usually not controversial and tend to be routine matters, such as accepting grants from the Federal or State Government or authorizing the Department of Law to settle claims against the city or appropriating money from the 4% fund. Resolutions on the consent agenda are passed by a single vote of the Council rather than being considered individually. However, any member of the body may have a bill pulled off of the consent agenda.

The resolution amending the Capital Improvements Budget and Program is on the consent agenda (RESOLUTIONNO. RS2013-558) and the bonding authority for additions to the Capital Improvements (RESOLUTIONNO. RS2013-559). These acts authorize and fund the improvement to the rear of the Bridgestone Arena which will now be across from the front of the new Music City Center and the relocation of the central police precinct, which is now located in the Bridgestone Arena on Broadway.  Given that we have already built the new conventions center, in my view, these improvements seem reasonable. I do not expect them to be pulled off of the consent agenda. I don't see any opposition.

Bills on First reading almost always pass. There are twenty bills on first reading. They are considered as a group and are seldom discussed. First reading is a formality that allows the bill to be considered. Bills are not assigned to committee or analyzed by council staff until after they have passed first reading.  I have not analyzed the bills on first reading, but will before second reading.

Bills on Second Reading. It is on Second reading, after bills have been to committee, that discussion usually takes place.  There are only three bills on second reading and none of them are of any importance.

Bills on Third Reading: Third Reading is the final reading. If a bill passes third reading it becomes law unless it is vetoed by the Mayor, which has only rarely happened. Below are the bills of interest on third reading.

• SUBSTITUTE BILL NO. BL2012-283 is the new Metro Solicitation bill that would impose new regulations on commercial door-to-door solicitors. (Readmore about this issue.)

• BILL NO. BL2012-320 is the bill that would reduce the health insurance benefit to future former Metro Council members. This benefit currently costs Metro approximately $300,000 per year. Due to term limits there are a growing number of former metro council members. This cost is going to continue to increase. This bill passed second reading by a vote of 25 to 13.

Here is how council members voted on second reading:

"Ayes”- Barry, Steine, Garrett, Tygard, Banks, Scott Davis, Westerholm, Pridemore, Jernigan, Glover, Stites, Stanley, Claiborne, Tenpenny, Allen, Baker, Langster, Weiner, Holleman, McGuire, Harmon, Blalock, Dominy, Todd, Mitchell (25);
"Noes”- Maynard, Matthews, Harrison, Hunt, Bennett, Pardue, Moore, Gilmore, Evans, Johnson, Potts, Bedne, Dowell (13).

If a the "ayes" lose four votes either by absentees, abstentions. or flip-flops, this could fail. This is a good bill and needs to pass.

Memorializing Resolutions: There are no memorializing resolutions. 

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White House produces photo of skeet-shooting Obama

The White House has released a picture purporting to show President Obama "skeet shooting" at Camp David. An activity he claims he does "all the time."
The White House also warns not mess around with the picture: 
"This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House."

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1st Tuesday with John Ryder and Chris Devaney

If you missed  TN Republican National Committeeman JOHN RYDER when he visited us in NOV.... you now have a rare opportunity to see the most insightful man in TN on NATIONAL level politics...... For those of you who heard John, I know you will look forward to hearing from him again. He told us about what DID happen.. now we will hear about what is going to happen Nationally !

 

JOHN and TN Republican Party Chairman CHRIS DEVANEY  ... [the most insight man in TN State level politics] will BOTH join us at 1ST TUESDAY on Tuesday, FEB 5th !!!

 

What do YOU want to know about ????

 

1] What took place behind the scenes at the NRC meeting in Charlotte last week?

2] The internal discussions around the HOT button item of "IMMIGRATION" ?

3] The multitude of prospective US SENATE races coming in 2014 !  [any idea how many DEMs currently hold a US Senate seat in a  RED state ?]

4] How did Republicans get whipped so bad  "down ballot" and what is the RNC preparing to do about it ? 
5] Anyone want to ask about Scott DesJarlais ?

6] What's the deal with the 180,000+ "non-citizens" on the Voter rolls in FL ?
7] What do you want to ask about ??

 

In short, the 2 men with access to political information and insights in the State of TN will be together... and at 1ST TUESDAY next week !!

 

Event details follow. in the trailing email.. but as always.. you can RSVP and prepay for lunch at the 1ST TUESDAY website [ www.1sttuesdaynashville.com]  -- then click on 'Shopping Cart".

 

Doors open at 11AM for Coffee & Social time.  [NOTE: - Waller's room renovation has been delayed till JUNE so we will meet on the 27th floor as usual ]

 Invite guests if you know others who would enjoy this most insightful lunch !

 

Hope to see you Tuesday, FEB 5th 

 

Thanks,

Tim Skow

Host of 1ST TUESDAY

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