Ben Cunningham is launching a referendum effort aimed at capping Metro's debt at its current level. Details to follow as they become available.
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Tuesday, April 18, 2017
What is on the Council agenda for April 18th: Taking of property rights, curtailing surveillance, getting a handle on city debt, and establishing standards for corporate welfare.
The Metro Council will meet Tuesday, April 18th, 2017 at 6:30 PM in
the
Council chamber at the Metro Courthouse. Council meetings are really boring and I watch them so you don't have to and yet can still be a
well-informed citizen of our city.
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.
There are six appointment to Boards and Commissions on the agenda and you can expect all to be approved unanimously. There are no public hearings this council meeting.
There are 18 bills on First Reading but bills on First Reading are all lumped together and pass by a single vote except in rare cases. I usually do not read bills until they get to Second Reading.
There are 23 resolutions on the consent agenda. Resolutions
on "consent" are passed by a single vote of the council instead of being
voted on individually. All resolution are initially on "consent," however, 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. Most
of the resolutions are routine things like accepting grants. Here are
the resolutions of interest.
RESOLUTION NO. RS2017-615 by Councilman Grover would would require that when an agency of the government request Capital improvement funding, to inform the Metropolitan Council at the same time of such submissions to the Director of Finance. This seems like a wise move. The Council needs to be involved early in the process of exerting control over the city's debt.Bills on Second Reading. There are 16 bills on Second Reading. Most of them are abandoning unneeded sewer easements and water easements and other routine business. These are the bill of interest.
RESOLUTION NO. RS2017-616 by Councilman Glover adopt a new policy requiring a maximum limit of 10% on the annual budget as the amount of debt service funds appropriated to service bonds. When the city borrows money, the amount of money it takes to pay the bonds which finance the borrowed money is a part of the annual operating budget and is called "debt service." The city has never had a policy establishing a limit on debt service. My inclination is to support this effort but I have some questions. If the city should have a reduction in revenue, then a debt service that may have been less than 10% could then be more than 10%. How would that be resolved? Also, how would this effect our bond rating? Also, the Council cannot restrict a future council's spending. I support the effort to get control of Metro's spending. In addition to debt service, Metro pension and health insurance liabilities are areas of concern and should be addressed. I think the city should go from a defined pension benefit system to a defined pension contribution system, but no one has proposed such. The city is awash in money now, but someday there is bound to be a slow down. While cutting budgets are painful, if parts of the budget are beyond the council's control such as debt service and pension obligations, then budget reductions become much more difficult. For those who want a better understanding of this issue, you may want to watch the Budget and Finance Committee meeting on Monday April 17th.
RESOLUTION NO. RS2017-640 proposes several amendments to the Metro Charter. If approved by the Council, the proposed charter amendments would go on the ballot to be voted on by the public in August 2019. This would do nothing substantial. Anywhere were the term “tax assessor” is used in the Charter it would change it to “assessor of property.” This is to conform to a State change. This was deferred last Council meeting. The staff analysis says it should be deferred indefinitely.
RESOLUTION NO. RS2017-646 and RESOLUTION NO. RS2017-647 declare some Metro owned parcels of property "surplus" and transfers them to the Barnes Fund and names and appropriates money to selected non-profits to develop affordable housing on those parcels. The non-profit agencies receiving grants are New Level Community Development Corporation, Habitat for Humanity of Greater Nashville, Woodbine Community Organization, and Rebuilding Together Nashville.
RESOLUTION NO. RS2017-648 selects of the Neighborhoods Resource Center to operate the Codes Offender School. This is disappointing and if I were serving in the Metro Council I would vote against it. The Codes Offender School will be much like the DUI School, and the Animal Offender School already in existence. An offender can pay a fee of $90 to attend the indoctrination session rather than face legal consequences. The Neighborhood Resource Center is a liberal advocacy organization.
BILL NO. BL2016-484 would give Metro approval of landfills, solid waste disposal facilities and solid waste processing facilities prior to the construction of such facilities and prior to the issuance of a permit by the Tennessee Department of Environment and Conservation (TDEC) or the Commissioner. I support this. This is more complex than it appears, however. To learn more, please read the staff analysis.Bills on Third Reading: These are 31 bills on Third Reading and not much that is of interest. Most are rezoning bill and they have all been approved by the Planning Commission. Here is this one of interest.
BILL NO. BL2017-645 would allow passengers in horse-drawn carriages to drink and ride as long as the beverage was in a plastic or Styrofoam cup. This sounds reasonable to me. This was on Second Reading last Council meeting and deferred to this meeting. At that time the brand name "Styrofoam" was replaced by "foam cup."
BILL NO. BL2017-646 would prohibit a company from installing surveillance equipment, such as cameras and 16 other types of technology that captured activity on a public sidewalk or street without prior Council approval. I understand the civil
liberties implication of constant surveillance. On the other hand, a lot of crimes have been solved by private cameras that have captured illegal activity. I do not see much difference between what a camera may capture and what a security guard may witness. However, this has been amended with exemptions and clarifications and I think I would support this. This was on Second Reading last meeting and deferred to this meeting.
BILL NO. BL2016-219 is a bill to take away an owners property right and kill a proposed affordable housing development. It was deferred indefinitely following the public hearing on July 6, 2016. This bill would take away an owner's property rights by denying the property owner the right to develop the property as he currently as a right to do. This development was all set to go mid last year and Karen Johnson, the district council member, had this bill on the agenda. Why the owner has not already started development, I do not know.
Back in July, the hearing on the bill had both proponents and opponents with neighbors arguing it would "ghettoize" their community and several speakers arguing in favor of property rights. Apparently many Council members had concern about the bill. Unless circumstances have changed and the owner's financing fell through or something, mostly likely the owner could win a law suit suing the city for taking his property should he bring suit. To take away a permitted use is a "taking." Property rights are more than just holding legal title. When property is taken it should only be for a public purpose and owners should be compensated for their loss. I know we now have a very liberal Metro Council, but I suspect even many liberals are not comfortable trampling property rights. If they are unconcerned about trampling property rights, they are probably concerned about exposing the city to a law suit the city is most likely going to lose and the loss of future State assistance in the form of tax credits the state has threatened to withhold should this bill pass.
At the time this bill was deferred indefinably, an article appeared in the Tennessean, in which Johnson said while her proposed ordinance is considered still active the indefinite deferral will prevent the developer from getting permits needed to begin construction on the project. I did not see the logic of her reasoning since the owner already had all of the rights he needed to proceed. Metro Planning Director Doug Sloan apparently also did not see Johnson's logic either and told The Tennessean that because the owner's rights are vested, the developer should be able to move forward with getting permits approved. Why the owner has not moved forward, I do not know.
To see the discussion of this bill see timestamp 16:47- 1:00:45 in the video at this link. Here is the Tennessean report on what transpired:
There is a certain amount of hypocrisy at play in this issue. The leading proponent of killing this proposal to build affordable housing are some of the leading proponents of affordable housing in the Council.
by The Tennessean, July 6, 2016 - In a surprise move Tuesday, Councilwoman Karen Johnson led the indefinite deferral of her legislation that would down-zone property in order to block a project for low-income residents called The Ridge at Antioch, a 96-unit apartment complex that Arkansas-based RichSmith Development has planned for Forest View Drive near Murfreesboro Pike. .... “I’m not giving up on it, but there are a lot of questions because it’s a complex issue,” Johnson said. “Many council members have not had low-income tax credit properties in their districts. .... Johnson said she plans to bring the bill back up to be placed on the council's Oct. 18 agenda. (link)
SECOND SUBSTITUTE BILL NO. BL2016-493 is the sidewalk bill which tightens up the requirements that developers build sidewalks. This makes it more difficult for a developer to pay money into a fund rather than build sidewalks. This requires a developer to build a a sidewalk even when there are no other sidewalks on the street. One opponent of this bill points out that streets will have pieces of sidewalks to nowhere. That is my understanding of what this bill would accomplish. It is also pointed out that due to grading slopes and drainage issues, that it is difficult to build sidewalks 50 feet at a time, that in the end all the pieces may not fit and that sidewalks need to be engineered corner to corner. This has been worked on for a long time and deferred about three times before on Second reading. This bill I assume is another revision. When on Second Readng several people spoke on the bill. It passes by voice vote and made amendable on Third Reading. To view the discussion when on Second see timestamp 52:36-1:21:12 in the video at this link.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 here and provide commentary.
BILL NO. BL2017-641 and BILL NO. BL2017-642 are two bills disapproved by the Planning Commission. I have no opinion on the merits of the bills but am only calling attention to them because they are disapproved. To pass a disapproved bill requires 26 votes on third reading whereas an approved bill only requires a majority of those voting. The first one cancels a PUD on a property and second rezones the property for a self-storage facility. It appears the developer has done his homework and accommodated neighbors concerns, including setting aside part of the property as green space.
BILL NO. BL2017-643 by Councilman Cooper would set a standard for awarding economic incentive grants. It says, "the amount of the economic and community development incentive grant during any year will be determined by multiplying the average number of new full time equivalent employees of the qualified company within the boundaries of the metropolitan government during the preceding year by an amount up to five hundred dollars." This is a good bill. While in a perfect world I would oppose any economic incentive grants, if other cities provide them and Nashville does not, we lose. This at least establishes some standards for when they should be awarded. It passed on a voice vote on Second Reading.
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Monday, April 17, 2017
Bob Corker, guest of 1st Tuesday, April 24th.
From Tim Skow:
1ST TUESDAY Members and friends
Its EXTREMELY rare to hear from and ask questions in a private setting of today's most critically important US Senators.
That is exactly the opportunity before us Monday, April 24th when Tennessee Senator BOB CORKER returns to 1ST TUESDAY.
 |
| Bob Corker returns to 1st Tuesday |
is Chairman of the US Senate Foreign Relations Committee. The topics he deals with are stunning, challenging, difficult, complex and much more: 1] Syria 2] Putin 3] North Korea 4] ''Mother Of All Bombs'' ... US Military actions 5] China’s state visit 6] Rex Tillerson 7] The Wall 8] The Press 9] Iraq 10 ] TRUMP ! ......
This is going to be Q&A Session unlike any other !!!
Senator Corker plans for brief comments and the rest of our hour for Q&A. Come prepared to ask questions ! This is simply a MUST SEE event.
This event will SELL OUT!
We must start 30 minutes early to meet his flight schedule. Doors at Waller Law [511 Union Street -27th floor] open at 10:30. Lunch is $20 for Members and $25 for Guests and begins at 11:00. Senator Corker will begin shortly after 11:30. Q& A will end at 12:30 sharp with him departing.
Secure seating at www.1sttuesdaynashville.com and click on “JOIN US’’. Or make your check to 1ST TUESDAY and mail to my attention by April 17th. Email me... or call ... if you do so. You will get a confirming return email from me !!! Send to: Tim Skow Box 1233 Brentwood, TN 37024.
See you MONDAY, April 24th !
Tim Skow Host of 1ST TUESDAY
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Saturday, April 15, 2017
Eight seek seat vacated by Judge Casey Moreland
The deadline for nominations to fill the seat of disgraced Judge Casey Moreland, who was forced to
 |
| Sam Coleman |
Eight candidates have been nominated to fill the seat. Nomination could be made by the candidate himself or by any member of the public. The Metro Council has the responsibility of choosing Moreland's repacement, which they will do at the May 16th meeting. On May 2, nominees will be interviewed by the Council's Rules Committee.
 |
| Adam Dread |
Another candidate who I had would think would be a leading contender would be Ana Escobar. She was is an assistant prosecutor at the District Attorney’s Office and was Metro clerk from 2011 to 2013. That is an advantage in that she gets known by the Courthouse crowd. Also, I would suspect that having a Spanish surname and being female would be a benefit.
Other nominees include Michael Clemons, Barry Gearon, Martesha Johnson, Nick McGregor and Tillman Payne. For more on this see this link and this one. Powerful factions line up behind various candidates and Councilmen may be subject to intense lobbying to fill this seat. Look for an update on this story. If I learn more about who is supporting whom, I will post it.
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Friday, April 14, 2017
Bill Haslam signs repeal of new Nashville, Memphis marijuana laws
by Joey Garrison , USA Today Network - Tennessee - Nashville and Memphis received great fanfare last fall from criminal
justice advocates for passing local ordinances that gave police the
power to reduce penalties for possession of small amounts of marijuana.
But now it's over after just seven months.
Tennessee
Gov. Bill Haslam on Wednesday signed into law Republican-backed
legislation to repeal separate Nashville and Memphis laws that had
allowed partial marijuana decriminalization in those communities,
officially putting an end to the short-lived policies.
... Tennessee Attorney General Herbert Slatery issued a legal opinion in November ....“A municipal ordinance that attempts to regulate a field that is
regulated by state statute cannot stand if it is contradictory to state
law,” Slatery wrote in his opinion.
Metro Director of Law Jon Cooper said in November that he disagreed
with Slatery, arguing the ordinance was not preempted by state law.
Supporters of the ordinance have argued it works within the confines of
state law, likening the measure to Metro’s laws for litter and seat
belts, both of which have penalties that are not as severe as those
outlined in state law. (link)
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Why would a tourist city short of hotel space restrict short-term rentals?
by Jared Mayer, The American Spectator - Places like Nashville, Tennessee, should love short-term rental
platforms like Airbnb or HomeAway. For one, the city has a booming
tourism industry but remains short of enough hotels to meet surging
demand. This is why Nashville’s downtown has the highest average nightly hotel rate in the United States — ahead of cities like San Francisco and New York City.
.... Unfortunately, rather than craft laws that embrace innovation and make
it easier for both residents and tourists, Nashville’s government has
unbelievably placed arbitrary limits on short-term rentals. Now, it is
time for the state of Tennessee to step in and curtail Nashville’s war
on innovation.
.... Airbnb’s presence in Nashville is helping to address a serious issue. Nashville currently dishes out millions of taxpayer dollars
to incentivize hotel building, due to its hotel shortage. In this
climate, Nashville policymakers would be wise to embrace the opportunity
Airbnb and other short-term rental platforms offer to their community.
Instead, they limit this technology’s potential in order to satisfy the
demands of loud special interests.
.... state lawmakers should take this decision from a city council’s hands
that have shown no respect for property rights. There is no reason for
policymakers to be afraid to rein in cities that limit the economic
opportunity that comes from technological progress. (link)
My Comment: I agree.
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What Homesharing Means to Me
Reposted from The Beacon Center:
Alece Ronzino
“I moved to Nashville in 2011 after
launching and leading a nonprofit in South Africa for 13 years. I’ve
continued my work in the nonprofit sector by providing consulting
services to grassroots organizations. In 2013, I purchased my first home
in East Nashville and began renting out my guest rooms on Airbnb to
supplement my income. If it weren’t for my Airbnb business, I would be
hard-pressed to continue my work with developing nonprofits that are
doing great work with small budgets. I am thankful to live in a city
that has an innovative entrepreneurial culture, enabling me to restart
my life, serve nonprofits, earn a living, and support other local
businesses.” 
“My husband is a Christian singer-songwriter who frequently tours
for his work. Since I am a graphic designer, my job enables me to
travel with my husband along with our young children. It’s important for
us that our young family is able to spend as much time together as
possible. We rent out our home on Airbnb while we travel, enabling us to
keep our family together and cover all of our expenses. It just seems
unfair that Nashville decision makers are siding with the big hotel
chains over small families like us who are just trying to achieve
work-life balance.”Shan Canfield
“My husband and I purchased the home next door to our own and
opened an Airbnb to help us retire on time. This was a huge opportunity
for us to get ahead financially, but it also allowed us to invest in the
lives of people from all around the world. We have loved operating this
business and sharing our lives with individuals and families whose
paths we’d otherwise never have crossed. To us, Airbnb has meant
financial security, the ability to invest in our community, and sharing
our lives. We’re so grateful for what this business has brought to our
lives.”Bailey Neal
“I own and operate a business called Nestive that services 135
short-term rentals in the state. My business employs 24 full and
part-time people making upwards of $15/hour who clean, perform
maintenance, and provide upkeep on homes being used as short-term rental
properties. I am passionate about ensuring that visitors to Nashville
enjoy a quality experience in the city and truly experience our
community. Operating this business allows me to positively impact the
lives of so many of my fellow citizens from those I employ, to the
Airbnb hosts and their guests that we serve, to the numerous shop and
restaurant owners our guests visit while in town.”
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Southeast Nashville Conservatives' Breakfast - April 22th. Guest Speaker Joe Carr/
From Robert Duvall:
Southeast Nashville Conservatives' Breakfast
Please note - we have moved our Breakfast this month only to the 4th Saturday (April 22) because of Good Friday/Easter Celebrations on the 3rd weekend.Shoney's 407 Thompson Lane (Nolensville Rd &Thompson Lane) Social/Dutch treat breakfast available beginning at 8:00 a.m. We have a full, very informative program this month so we will begin our program promptly at 9:00 am (and maybe even a few minutes before).
Guest Speaker (back by popular demand!) Joe Carr Former State Representative, U S Senate & Congressional Candidate Joe will discuss some of the "crazy shenanigans" going on in our current Legislative Session - Governor Haslam's proposed gas tax increase, State Senator Gardenhire's bill to give instate college tuition to illegal immigrants....and other controversial legislation, along with his insights on the next Gubernatorial Race and likely candidates (of which there does not seem to be a shortage!) We all know Joe "tells it like it is", so should be a great meeting. And I know many of us want to know "What's next for Joe Carr?" - We will ask!
Hosted by Robert Duvall &Pat Carl
~the end~
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Thursday, April 13, 2017
Bill Freeman's company chosen to serve as administrator of Nashville's Housing Incentive Pilot Program.
HIPP will allow developers and apartment owners to seek
grants from Metro to offer mixed-income workforce housing in new and
existing developments
Metro Press release - At a networking reception hosted at Emma Bistro on Tuesday night,
Mayor Megan Barry announced the start of the Housing Incentive Pilot
Program. Created by the Mayor’s Office and approved by the Metro
Council, HIPP was designed with feedback from the developer and housing
advocate communities to help address the need for workforce housing in
Nashville.
“In order to meet the unique housing needs of people of all economic
strata, we need a diverse set of tools and policies that will result
in more individuals and families finding the housing options they need
to succeed,” said Mayor Megan Barry. “HIPP will help us to incentivize
mixed-income housing developments that will preserve the option for
teachers, construction workers, service employees, and others to live
and work in Nashville.”
HIPP was developed to work in concert with the Metro Council’s
Inclusionary Housing Policy, BL2016-133, while also operating as a
stand-alone incentive program for apartment owners and developers in
Nashville. The Freeman Webb Company, which has experience administering
programs for MDHA and other affordable housing developments throughout
the county, was recently awarded the contract to serve as the
administrative agency for the program.
Under the program, developers wishing to take advantage of the
incentive program would need to provide affordable or workforce housing
at a rate that is equal to or less than 30% of an individual or
family’s household income. For example, utilizing the 2015 figures, the
maximum monthly rental for a family of four making 60% of MHI, or
$35,882 would be $897. For a family of four at the workforce level
making $71,764, or 120% of MHI, the maximum rent would be $1,794.
Developers who meet these terms can apply for a grant to cover the
difference between the price of market-rate housing and the price of
the affordable or workforce housing units. For example, a developer who
has market-rate apartments at $1,500 a month and offers comparable
below-market housing units for $1,200 would get a grant for the
difference of $300 per unit. For new construction the total grant will
not exceed the cap of 50% of the increase in property tax value. The
program also allows for existing residential units to be converted with
the total grant not exceeding the cap of 20% of the property tax
value.
“Having diverse housing options is critical to Nashville’s continued
success,” said Adriane Harris, Senior Advisor –Affordable Housing.
“We’re excited to announce an additional tool for developers to assist
in increasing the housing supply needed to retain our teachers,
hospitality workers, recent college graduates, and other residents who
simply need a place to call home.”
The Metro Council approved a supplemental appropriation of $500,000
that will allow the program to operate for the remainder of FY16-17.
Mayor Barry has proposed $2 million in the FY17-18 budget to continue
the pilot program into the next year. For housing managers and
developers seeking more information or wishing to apply, please visit http://hipp.nashville.gov
My Comment: While Nashville's Inclusionary Housing Policy is likely to be invalidated by legislation working its way through the State legislature, the Housing Incentive Pilot
Program would not be affected. The two policies were designed to work together. The Inclusionary Housing Policy was the stick and the Housing Incentive Pilot
Program was the carrot. For more on this issue see, State legislature to stop Nashville's rental price-fixing policy from taking effect.
.
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Councilman Robert Swope defends the Opryland Hotel water park deal.
Councilman Robert Swope writing in today's Tennessean explains the Opryland water park deal that many have criticizes as "corporate welfare." He points out that no public funds are going toward the project but that instead Opryland Hotel is getting a limited tax abatement. He contents it is good deal for the city. To read his article see, Water park won't cost local taxpayers.
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Monday, April 10, 2017
Senator Mark Green nominated to be Secretary of the Army. Homosexual activist throw a hissy fit.
 |
| Mark Green |
Green is a former Army lieutenant colonel and current Tennessee state Senator and a medical doctor. He was running for Governor until tagged by President Trump for the position of Army Secretary. At this early stage in the Governor's race, many considered him the front runner.
Green completed three combat tours in the Middle East as a special operation flight surgeon for the 160th Special Operations Aviation Regiment. and was the emergency physician during Operation Red Dawn in 2003, which captured Saddam Hussein. Green was the first person to interrogate Hussein following his capture. He had a distinguished military career and was awarded the Bronze Star, among other honors. He is a 1986 West Point graduate.
After his service in the Army, Green founded AlignMD, an emergency room staffing firm which provides staffing services at 47 hospitals in nine states. Green was elected to the Senate in 2012.
As Secretary of the Army, Green will replace Eric Fanning who was confirmed for the job last May, Fanning is the first openly homosexual person to serve as Army secretary. Apparently, homosexual activist think this should be a homosexual position. Green has been critical of President Obama's policies that allowed transgender people to use whichever bathroom they want. He has taken a position that men should use men's restrooms even if they identify as women. He has also said that transgender is an illness. Homosexual activist are calling on the Senate to reject his confirmation.
To read more about this issue see L.G.B.T. Advocates Criticize Nominee for Army Secretary and Trump makes it official: Nominates LGBTQ hater Mark Green for Army secretary post.
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