Saturday, January 06, 2018

First Tuesday guest speaker is Ralph Schulz of the Chamber making the case for the mass transit plan.

From Tim Skow, Host of First Tuesday:
MONDAY .... January 8th .....is a '' YUUUGGGGE DAY'' ....
especially for all those who engage in the politics in and around Middle Tennessee ...

SOME ... will be prepping for the Opening the TN Legislature the next day.
Some  .... will be gearing up for the National Championship football game that night
Others .... will be working their way to see President Trump during his Nashville visit.

BUT...THE brightest minds engaged in Nashville's future and its political affairs ..... will be at the JANUARY version of 1ST TUESDAY dealing with Mayor Barry's plan to raise[and spend] no less than $5,400,000,000++ from Nashville taxpayers for Mass Transit.

Yes ....all the events will be memorable... BUT ... only one will impact the future of Nashville and middle TN for decades!

Plan to join us and invite your friends on MONDAY.... Jan 8th .... details follow. 
1ST TUESDAY invites you to a $5,400,000,000 lunch
 No version of 1ST TUESDAY has ever brought our Members and Guests a meeting  that has sooooooo much on the line for Nashville’s future.
Mayor Barry is proposing a new Mass Transit plan with a budget of over $5.4 Billion dollars. Her proposal encompasses a wide and complex range of topics critical to Nashville’s future…. Topics that include but are not limited to the following:
·        TRAFFIC !! traffic issues are approaching extreme with no end in sight
·        GROWTH! roughly 2,000 people a month are moving here !
·        FINANCIAL ISSUES !! Nashville isn’t made of $$. WHAT do is at stake?
·        COMPARABLE CITIES SOLUTIONS? Atlanta, Austin, Denver & others?
·        FACTS vs ‘’FAKES’’? … What concerns are REAL? Which are ‘’Bogus-BS’’?
[its already coming … AND… it is going to get even more outrageous ! ]

Therefore – we will have 2 meeting in JANUARY on Mayor Barry’s proposal.
 Monday – JAN 8th  RALPH SCHULZ returns from the Nashville Chamber of Commerce and Members of Mayor Barry’s team will make their case. AS USUAL – the 2nd half of our meeting with be a lively Q&A.
Details for 2nd meeting will follow next week.
Doors at WALLER Law [511 Union St – 27th floor] open at 11:00am. Event is $20 for Members and $25 for Guests. Lunch is at 11:30. Program at NOON sharp! Visit our website at www.1sttuesdaynashville.com and click on ‘’Join Us’’ to secure seats
if $25 ‘’Guest’’ gives you trouble …use the $25  ‘’Dues’’ icon instead ]
The GOOD news is that temperature will be in the 40s ! AND parking under the building for $7 !
SEE you on MONDAY … JANUARY 8th … if not before!
Thanks,
Tim Skow
Host of 1ST TUESDAY

ALSO: …. Just a reminder for those of you who missed being part of the toy fund drive … 2018 DUES are DUE !

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Being appointed by the Council to fill a General Sessions Court vacancy is no guarantee one will keep the seat, next election.

Recently in writing about the Metro Council's selecting of a General Sessions judge to fill a vacancy, I wrote the following: "Usually these vacancies get filled by a sitting councilman. Once elected, General Court judges seldom face serious challenges for reelection so getting the seat is almost like a lifetime appointment."

I was relying on  limited knowledge of former councilmen who were selected by the Council to fill a General Sessions Court vacancy such as Bill Higgins, Leon Ruben and Amanda McClendon. At one timeI think what I said was true, but apparently no so any more. In a Tennessean article today, Nashville Judge Sam Coleman draws 2 election challengers, the reporter writes: "The last three judges appointed by the council have gone on to lose their first elections. The most recent was former Councilman Mike Jameson, who lost to Rachel Bell in 2012 after Jameson had been appointed to the seat the year before."

I stand corrected. No longer does being appointed by the Council to fill a General Sessions Court vacancy guarantee one will keep the seat next election. I am please to offer this correction.

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Friday, January 05, 2018

Mayor's Nashville transit plan requires $9B for all expenses - nearly double the construction price tag. That assumes no cost overruns.

According to an article in today's Tennessean, Mayor's Nashville transit plan requires $9B for all expenses - nearly double the construction price tag.   This assumes no cost overruns. One would be foolish to not assume cost overruns. The average cost overrun is about 50% and many do much worse.  The Big Dig in Boston was approved in 1982 for completion in 1998, at an estimated cost of $2.8 billion.  The project was to re-route 3.5 mile of an interstate in downtown Boston and put in a tunnel under the city. It was finally completed 25 years later in 2007, at a cost that The Boston Globe estimated at $22 billion.  Nashville's proposal includes 26 miles of new light-rail, improved bus service and an 1.8 mile tunnel through limestone below downtown. If approved by voters I am betting the final cost of Nashville's transit program will be about $25 billion. In addition, the fare box seldom covers the operating cost and requires massive annual subsidies.

Transit project cost overruns (source)

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(final update) What happened at the 1/2/18 Council meeting: trampling property rights deferred, Nick Leonardo elected judge, new short term rental regs advance, more transparency for corporate welfare approved, ...



At four hours and 20  minutes long this is a long council meeting.  I skimmed parts of it and I zipped through most of the bills on public hearing at double speed, so I may have missed something. If you are going to watch the Council meeting you really need a copy of the agenda and the staff analysis. You can get those documents as well as my commentary on the agenda at this link.

Bill to take away property rights deferred.

proposed bill to kill The Ridge at 
Antioch deferred,
In my view the most important item on the agenda was BILL NO. BL2016-219 on Third and Final Reading which would trample a persons property rights and kill and affordable housing project. It was differed by rule because the sponsor was not at the committee meeting considering the bill.  It will be back on the agenda January 16th.  For much more on this issue, follow this link: Contact your Council member. Stop the trampling of property rights and the killling of an affordable housing development.

Nick Leonardo elected judge.
Ana Escobar loses General
Session Judge contest to
Councilman Nick Leonardo



A high profile item on the agenda was the council election to fill a General Secession Court vacancy. The Council selected Councilman Nick Leonardo over Ana Escobar, a high-profile domestic violence victim advocate who was highly favored by the Nashville Bar Association. The Tennessean  provides a more detailed report on this issue which you can read at this link: Metro Council votes to appoint Councilman Nick Leonardo judge over prosecutor Ana Escobar.

Mr. Holliday who was also a nominee withdrew his nomination. The name of Ana Escobar is placed in nomination by Councilman Robert Swope. Pat Shea, former president and CEO of the YWCA of Nashville and Middle Tennessee, urged the council to support Ms Escobar. In my view, Ms Escobar was the better candidate to serve in this position which hears most domestic violence cases in Nashville. Escobar has worked both as a prosecutor of domestic violence cases and as a defender of those accused of the crime. She is an expert. I think the practice of giving preference to ones colleague simply because you served with them in the council is a practice which should end. Councilwoman Tanaka Vercher made a passionate speech in favor of Councilman Leonardo.

By a vote of 21-16 the Council selected Leonardo. It you wish to watch the council process and speeches relating to this election see time stamp 3:15-19:30. When the minutes of the meeting are posted I will post the record of how individual members voted.

New home sharing restrictions advance.
The item of most interest to the public on the agenda was Substitute Bill BL2017-937 and three other bills on public hearing all dealing with the issue of home sharing or "short term rental property." This issue has been being worked on by the Council for months. BL2017-937 was a bill that had the support of the home sharing community but did not go far enough to satisfy many neighborhood activist types. It was the result of an ad hoc committee of five council members assigned earlier this year to study the issue. It imposes new restrictions on home sharing and lowers the cap of how many such units may exist but does not take away from anyone currently providing this service the right to continue to do so.   

Bill BL2017-981  would allow “STRP–Owner-Occupied” as an accessory use in specified zoning districts and allow “STRP–Not Owner Occupied” as a use permitted with conditions in specified districts. So,  as I understand it, what the practical effect of this would be is short term rental could exist in residential areas where the owner lives in the property on the same lot as the short term rental unit.  A person would not be allowed, however, to own the house next door and rent it as short term rental. Those already existing however could continue to exist.  

Bill BL2017-982 also deals with short term rental but seems less significant than the others.  If adopted in conjunction with BL2017 608 or  BL2017 937 or  BL2017-981 its impact would be limited to allowing duplexes to be considered for owner-occupied permits under certain circumstances.

Bill BL2017-1005 would allow Hotel/Motel use within the Urban Zoning Overlay (UZO) district on no more than three percent of the residentially zoned properties within each census tract. This bill is disapproved by the Planning Commission. A UZO is essentially the old part of the city and it generally calls for pedestrian friendly construction with parking behind a business rather than in front of it and it imposes other restrictions. While this is not exactly a short term rental ordinance, some hotel-motels rent rooms primarily on sites like Airbnb and are much like non-owner occupied multifamily short term rental, so this would put a cap on those type businesses. 

Not on pubic hearing but a bill which is worse than any of the other is BILL NO. BL2017-608 which would be a radical change and would establish distinct land uses for “Short term rental property – Owner- Occupied” and “Short term rental property – Not Owner-Occupied”, and establishing a phase out date in year 2021 for “Short term rental property – Not Owner-Occupied.” If this passes in addition to ending short term rentals of homes not occupied by the owner, in order to offer home-sharing services, one would have to get their property rezoned. 

All of the bills on public hearing were all lumped together to hear from the public. Unlike a regular pubic hearing, where the council hears from the proponents first and then the opponents, the vice mayor allows people to line up an one by one and have their say on any or all of the four bills either pro or con. The public hearing goes on and on and on and gets real repetitive. If you are already familiar with the arguments pro and con, there is not much to be gained by watching the public hearing. To get a flavor of the public hearing you may want to sample a few but their is little to be gained by watching the complete public hearing.   To view the public hearing and the discussion see timestamp 53:52- 3:55:49. For a good clear explanation by Councilman Shulman of what bill 937 would do go to timestamp 3:31: 37 -3:30:24 in the video. The Tennessean does a good job of reporting on the public hearing and provides some background. For more on this issue see my commentary and to read The Tennessean's reporting see, Nashville council advances new Airbnb rules, setting up legislative showdown.   

Substitute Bill BL2017-937 passes by a machine vote of 19 in favor, 14 opposed, 4 abstentions and 3 not voting. I will post the results of the vote in a later blog post.
Bill BL2017-981 passes by a machine vote of 17 for, 16 agaisnt, 4 abstentions and 3 not voting. 
Bill BL2017-982  passes by a machine vote of 28 to 13 and 4 abstentions.and 3 not voting.
Bill BL2017-1005 fails by a machine vote of 6, 21,10, and 3 not voting.


More transparency for corporate welfare.
BILL BL2017-983 which would require certain information for the assessment of economic and community development incentives offered in the form of PILOT (payment in lieu of taxes) agreements and Council approval of such agreements passed by voice vote. This bill was supported by a liberal activist group and labor unions and opposed by some business interest and the Chamber of Commerce. On this issue I found myself allied with the liberals.  In my view more transparency in awarding incentives to business is a good thing. To read The Tennessean's account of the council action on this bill see, Nashville council passes new transparency rules for future city incentives.

Other Council Action
Mayoral appointments to boards and commission were approved without dissent as this council almost always does.  All bills on First Reading were approved by a single vote as is the norm. Other than the short term rental bills discussed above none of the other bills on public hearing generated much controversy, most were approved without anyone from the public speaking on them.

Bill BL2017-938  on Public Hearing which would exempt religious institutions from current sidewalk requirements, provided the religious institution is within the General Services District and does not abut an existing or planned sidewalk was deferred to the first meeting in March.


Bill BL2017-1029 on Public Hearing which would require contributions paid in lieu of the construction of sidewalks to stay within council districts is deferred to the April public hearing

Bill BL2017-1030 by Councilman Glover on Public Hearing which would  require an annual study be conducted by the Department of Public Works to determine the cost of sidewalks within Davidson County and to preclude in lieu payments absent such study is deferred to the April public hearing.

Bill BL2017-951 on Second Reading which would establish a  Community Oversight Board for the police department is deferred indefinably.

BILL BL2017-1031 on Second Reading which is the mayor's $5.2B mass transit bill is deferred one meeting.

Bill BL2017-608  on Third Reading which is the worst of the proposed short term rental bills and would phase out all non-owner-occupied short term rentals is deferred one meeting in order to be on the same agenda as the other short term rental bills.

SUBSTITUTE BILL BL2017-953 on Third Reading which imposes various regulations regarding commercial solicitation  including restricting door-to-door commercial solicitation to the hours of after sunset or 7:00 pm, whichever occurs later passes.

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We Passed Tax Reform...What's Next? Health Care Choice.

Rep. Marsha Blackburn
by Marsha Blackburn - We ended 2017 on a great note by passing the Tax Cuts and Jobs Act, which President Trump has signed into law. Right away, we saw some companies give bonuses to their employees and announce new investments. As we enter the New Year, we are still seeing the effects of passing this bill, as the stock market continues to break records and unemployment continues to drop. The economy is finally back on the right track, and I will continue to work with my colleagues in Congress and the President to make sure this law benefits all hardworking Americans.

Now that tax reform is behind us, what’s ahead of us? You’re going to see from Capitol Hill more work on health care as we dismantle Obamacare.

As many of you know, the Obamacare individual mandate was repealed in the Tax Cuts and Jobs Act bills. This mandate forces Tennesseans to buy health insurance they did not want or could not afford. I am thrilled that this is off the books, and am focused on passing my bill, the Health Care Choice Act, which will allow health insurance to be sold across state lines. So many of you  have told me that you want choice, you want flexibility, and you want different options for different types of health insurance plans that fit your and your family’s needs.

The Health Care Choice Act is about you and will increase the number and types of health insurance plans available to you. Even better, it will allow you to buy health insurance the same way you purchase other types of insurance: online, by mail, or on the phone.

You don’t need federal bureaucrats in Washington telling you what kind of health insurance you can or can’t have. I am going to do everything I can to pass this legislation as we continue to dismantle the disastrous effects of Obamacare.

Marsha Blackburn is the Congressman from the Tennessee's 7th Congressional District.

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Wednesday, January 03, 2018

Bill to trample property rights and stop an affordable housing development deferred again

The bill that would trample property rights and kill an affordable housing development, BILL NO. BL2016-219 was deferred again. It will be back on the agenda on January 16th.

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Nashville council passes new transparency rules for future city incentives

Nashville council passes new transparency rules for future city incentives

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The Council passed on Second Reading the new regulations for Short Term Rental Property.

The Council passed on Second Reading the new regulations for Short Term Rental Property. Here is the Tennessean's report.

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Councilman Nick Leonardo elected Judge by the Metro Council

Councilman Nick Leonardo was elected by the Council last night to the position of General Sessions Judge, beating out Ana Escobar by a vote of 21 to 16.. Here is the Tennessean's report.

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Tuesday, January 02, 2018

Contact your Council member. Stop the trampling of property rights and the killling of an affordable housing development.

On Tuesday, January 2nd 2018 the Council will vote on  BILL NO. BL2016-219 on Third

proposed The Ridge at Antioch
and Final Reading.

This bill is the attempt to kill an affordable housing project and trample a person's private property rights by cancelling an approved Planned Unit Development and down zoning a person's property without their consent.  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.

This bill has been disapproved by the Planning Commission.  For more on this story see this link and this and thisThis bill has been in the works for a very long time.  To view the July 6, 2016 Public Hearing on the bill follow this link. It was deferred indefinitely following that public hearing. It was on the agenda on third reading on April18, 2017  and at that time it was deferred to this meeting, the second meeting in December. At that meeting it was deferred to the Jan.2nd 2018 meeting.  Being a dissapproved bill, this will take 28 votes to pass and there will be a roll call vote. I will record in this blog, how members of the Council voted.

Here are reasons members of the Council should vote against this bill"
  • This is a "taking" of property.  It is wrong to take someone's property without taking it for a public purpose and compensating the owner.  Owning property is more than simply holding title, it is a bundle of rights. This is taking away from the property owner the right to develop his property a right he currently enjoys. The owner is already vested in the development of the property, having already invested in development cost and arranged financing. 

  • We need affordable housing in Nashville. We cannot meet the need by building a handful of units as infill in established neighborhood.  The proposed development is for an apartment complex of over 200 units. This proposed affordable housing project should not be thought of as "the projects" or something similar. Unless someone told you, you would not even know this type housing had a subsidy. This planned development is a "tax credit" property. The people who will live there are people who work. The rent will not be based on an individuals ability to pay, but the rent will be "affordable" for a person of modest income. This is what is often called "workforce" housing. 

  • If this passes, Nashville is likely to be sued and will likely lose the law suit.
  •  The Tennessee Housing and Development Agency  has said that if this bill passes, they will withhold low income housing tax credits from Nashville and give them to other jurisdictions. This would be a blow to the future development of affordable housing in Nashville.
  • Traditionally Nashville has not rezoned someone's property without the owner requesting it. 
  • This is a disapproved bill. Generally, the council should follow the recommendation of the Planning Commission and respect the process.
Please contact your council member and the council members at large and ask them to vote against BILL NO. BL2016-219.   You can find the council members phone numbers and email addresses at this link. When you open the link, click on " Council Roster 2015-2019" for phone numbers.  

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Monday, January 01, 2018

Update, What's on the Council Agenda for Jan.2, 2018: Trampling property rights and stopping affordable housing, new regs for home sharing, electing a judge, a Citizen Review Board of the Police Dept., the mass transit bill, ..

The Ridge Apartments
The Metro Council will meet Tuesday, January 2, 2017 at 6:30 PM in the Council chamber at the Metro Courthouse. This will probably be a long meeting. There is a lot of important items on the agenda.

The most important item on the agenda is BILL NO. BL2016-219 which tramples a person's private property rights and kills an affordable housing development. This is a bill disapproved by the Planning Commission and is on third and final reading. Most zone changes allow people to do something with their property they were previously not allowed to do; this bill is a "down zoning," taking away a right someone now enjoys.  The developer is already vested in the project having designed the development and arranged financing.  If this passes it is an outrage. There will likely be lawsuit and the state has threatened to withhold low income housing tax credits, an essential financing tool for most affordable housing developments.  For more on this issue, see Contact your Council member. Stop the trampling of property rights and the killing of an affordable housing development.


The other important item on the agenda is  Substitute Bill BL2017-937 which is on Public Hearing. It will change the regulations governing home sharing or "Short term rentals."  In my view, short term rentals should be treated like long term rentals and the government should only minimally regulate them. This bill has been in the works for over a year and a lot of work has gone into it. A special committee has been working on this trying to find a solution that would satisfy those who want them banned and those who engage in home sharing. This bill would not take away the right to engage in home sharing for anyone who currently has a permit, but lower caps would be placed on the number of permits. If someone allowed their permit to lapse, at a later time one could not get the permit reissued if the cap for that area had been reached. Permits could not be transferred so if one was providing home sharing and sold their home, the new owners could not continue the home sharing. There is much else this bill does. Read the bill and see the staff analysis for a deeper understanding. While I do not like this bill, if I were serving in the Council, I would probably vote for it.  This is one of those cases of voting for something that is not very good to keep something that is terrible from passing. If this fails to pass, then a ban is likely to be proposed. The organization representing those engaged in home sharing is supportive and AirBnB is supportive of this bill.  A lot of neighborhood activist are opposing this bill.

Also Bill BL2017-981  is on Pubic Hearing dealing with Short term Rental. It is worse than the above bill. It would allow “STRP–Owner-Occupied” as an accessory use in specified zoning districts and allow “STRP–Not Owner Occupied” as a use permitted with conditions in specified districts. So,  as I understand it, what the practical effect of this would be is short term rental could exist in residential areas where the owner lives in the property on the same lot as the short term rental unit.  A person would not be allowed, however, to own the house next door and rent it as short term rental. Those already existing however could continue to exist. Bill BL2017-982 also deals with short term rental but seems less significant than the others.  If adopted in conjunction with BL2017 608 or  BL2017 937 or  BL2017-981 its impact would be limited to allowing duplexes to be considered for owner-occupied permits under certain circumstances. Bill BL2017-608 is on the agenda on third reading and also concerns Short Term Rental and it is to be deferred to be on the agenda with the other bills.


If you are going to watch the Council meeting, you need a copy of the Council Agenda and the staff analysis  or you really will not know what is going on. You can get the agenda and analysis at the highlighted links.

Election of a General Court Judge
After the prayer and pledge the first order of business is the election of someone to fill a General Sessions Court judge vacancy.  The public or members of the Council could make nominations, then the nominees were reviewed by the rules committee. The committee will not make a recommendation of a person but, as usually happens, report that each of the nominees are qualified to serve. After the committee report there will likely be a very short nominating speech for each candidate and then a very short speech by the candidate. The nominees are Ana Escobar; Newton S. Holliday, III; and Dominic J. Leonardo. Nick Leonardo should have the inside track. Usually these vacancies get filled by a sitting councilman. Once elected, General Court judges seldom face serious challenges for reelection so getting the seat is almost like a lifetime appointment. When these vacancies arise, members of the Council find it hard not to vote for a colleague they have been serving with. This time however, Ana Escobar may be a serious contender for the seat.  The last time the Council had a vacancy to fill, Ana Escobar was nominated but the Council elected Councilman Sam Coleman to fill the seat. Escobar had the recommendation of the Nashville bar association then and she does now. She has served as the domestic violence team leader for the Davidson County District Attorney's Office and those active in the fight against domestic violence are pushing her candidacy. Her fight against domestic violence, the fact that she is Hispanic and female and the esteem in which she is held by other lawyers may cause the Council to break with tradition of selecting one of their own. I don't have any specific knowledge but would assume the Council has been subject to some heavy lobbying on her behalf.

There are four mayoral appointees to Boards and Commission on the agenda for confirmation and as always they will be affirmed.

Public Hearing
There is one resolution and 30  bills on Public hearing. Items on public hearings are all rezoning bills or related to planning and zoning policy.  Rezoning hearings bore me and I don't even try to form an opinion on the merits each rezoning bill before the Council.  Rezoning bills usually are of interest only to people who live near the proposed rezoning. People who don't care one way or the other do not show up and with rare exceptions the only people who speak in favor of rezoning bills are those who will benefit from the rezoning such as the property owner or the developer.  Opponents always make the same argument which boils down to one of these: 1) the change will result in stressing the infrastructure such as too much traffic on the roadway or overcrowd the schools, 2) will cause flooding, and 3) will change for the worse the character of the community. If you are interested in knowing what is permitted in different zoning districts, follow this link. I call attention to only those bills on public hearing that for some reason I expect to be controversial or to bills which have been disapproved by the Planning Commission. A bill disapproved by the Planning Commission requires 27 votes to be approved on third and final reading and sometimes that can be difficult to obtain. None of the bills on Public Hearing have been disapproved by the Planning Commission but some bills on public hearing have not yet been to the Planning Commission and most are approved contingent upon the sponsor making changes recommended by the Commission. Below are the only bills on public hearing I find of interest.
Substitute Bill BL2017-937  is the home sharing or Short Term Rental bill discussed above. Expect a lot of people pro and con to speak on this bill.
  
Bill BL2017-938  would exempt religious institutions from current sidewalk requirements, provided the religious institution is within the General Services District and does not abut an existing or planned sidewalk. Currently if a developer does an infill development even on a street without sidewalks they must build sidewalk even if there are no other sidewalks on the street. This can greatly increase the cost of development and can result in less affordable housing. In my view the whole requirement that developers build sidewalks should be scraped except where sidewalks already exist. It is going to lead to a lot of sidewalks to nowhere in the middle of nowhere. This bill has been disapproved by the Planning Commission.

Bill BL2017-981 and Bill BL2017-982  deal with Short Term Rental and are discussed above.

Bill BL2017-1005 would allow Hotel/Motel use within the Urban Zoning Overlay (UZO) district on no more than three percent of the residentially zoned properties within each census tract. This bill is disapproved by the Planning Commission. A UZO is essentially the old part of the city and it generally calls for pedestrian friendly construction with parking behind a business rather than in front of it and it imposes other restrictions.

Bill BL2017-1029 would require contributions paid in lieu of the construction of sidewalks to stay within council districts.   

Bill BL2017-1030 by Councilman Glover would  require an annual study be conducted by the Department of Public Works to determine the cost of sidewalks within Davidson County and to preclude in lieu payments absent such study. Back in October it was revealed that Nashville has allocated $60 million for sidewalks and got only 3.5 miles of new sidewalks!! For the most part the Council has seemed unconcerned. This is a positive step but I think there should be hearings and investigations. I would like to know who the consultants are getting all of that money and to whom they have made political contributions. I don't think it is possible to waste that kind of money accidentally.

There are 10 resolution on the agenda and all are on the consent agenda at this time. A resolution stays on the consent agenda if it passes  unanimously the committees to which it was assigned. Resolutions which receive negative votes in committee are pulled off of consent. Also any councilman may have a resolution pulled off of consent. Those remaining on consent are lumped together and passed by a single vote. Resolutions on the consent agenda are usually not controversial and tend to be routine matters, such as accepting grants from the Federal or State Government, entering into inter agency agreements over mundane things, appropriating money from the 4% fund, settling lawsuits, or approving signs overhanging the sidewalk. Unlike a bill which requires three votes of the Council to pass, a resolution only requires one vote of the Council. None of the resolutions on this agenda are of much interest.

Bills on First reading: There are 13 bills on first reading. First reading is a formality that gets bills on the agenda and they are not considered by committee until after they pass first reading.  Normally bills on First Reading are all lumped together and pass by a single vote. It is rare that a bill on First Reading is voted on separately. I normally do not read bills until they get to second reading.

Bills on Second Reading: There are 8 of them. These are the ones of interest.
Bill BL2017-951   would establish a Community Oversight Board  to conduct investigations and provide citizen oversight of officers of the Metropolitan Nashville Police Department.  It would provide for a ll member board members, seven nominated by citizens groups or by petition confirmed by the Council, two appointed by the Council and two appointed by the mayor subject to Council confirmation. The Board would have the authority to investigate allegations that MNDP officers have committed misconduct in violation of policy or criminal misconduct.The Board would hold regular meetings and have a staff of researchers and lawyers. This would cost about $386,000 a year. The Council staff analysis says there are due process concerns with the way the board would operate. In my view this bill needs to be defeated.

BILL BL2017-1031 is the mayor's $5.2B mass transit bill. It is "an ordinance adopting a transit improvement program for the Metropolitan Government of Nashville and Davidson County, approving a surcharge for the program, and requesting the Davidson County Election Commission to call a county-wide referendum election to be held on May 1, 2018, regarding the levying of the surcharge on certain taxes to fund the program."  I expect this to pass, but if I served in the Council I would vote against it. 
Bills on Third Reading:  There are 15 of them. These are the ones of interest.
Bill BL2016-219 is the bill taking someone's property rights and killing an affordable housing development discussed at the top of this page


Bill BL2017-608 is a Short Term Rental Property bill mentioned at the top of this page.   

SUBSTITUTE BILL BL2017-953  imposes various regulations regarding commercial solicitation  including restricting door-to-door commercial solicitation to daylight hours. The substitute alters the proposed time restrictions by prohibiting door-to-door solicitation after sunset or 7:00 pm, whichever occurs later. With that change, this is not a bad bill.


BILL BL2017-983 would require certain information for the assessment of economic and community development incentives offered in the form of PILOT (payment in lieu of taxes) agreements and Council approval. PILOTS are a form of corporate welfare used most often to entice businesses to locate or expand in Nashville. It is often offered by the Industrial Development Board but has recently been offered by the Metro Development and Housing Agency in order to encourage the development of affordable housing. Under a PILOT agreement, the business is exempt from paying property taxes but instead pays a fee in lieu of those taxes which is considerably less than the company would pay in taxes. Currently companies getting incentive grants have to provide Metro with certain information such as how many jobs they will create and other things and then the Council has to approve the incentive grant.  This bill would apply those same standards to those getting PILOT deals.  This is a good bill.  Currently the PILOTs are awarded without Council oversight.  This is opposed by the Chamber and supported by liberal organizations but I support it. More transparency in how the government picks winners and losers and gives away tax dollars is always a good thing. 
If you want to watch the Council meeting, there are several options. 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 the day after or the day after that and provide commentary.

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After 36 years, No New Year’s Eve Party. Thanks for the memories Rebecca and Dale!


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Kathleen Williams
By Kathleen Williams - My sister and brother-in-law have been hosting far-flung family and friends for all these years, every New Year’s Eve; but not this year. Attendance has dwindled. The unexpected loss of Uncle Sonny and regular party-going friend Linda Raintree left us out of the mood. And this year’s arctic blast is a deterrent for older aching bones with several family members who struggle to leave their homes now with impaired vision and mobility. So, the end of an era. I’ll miss it.
Wow, we’ve had a great run! It’s been a blast, worthy of commemorating each passing year and I’m grateful. Thanks Rebecca and Dale for your generosity and hard work that gave me and so many others such fun over 36 years!!!!
1980 was the first one at a little rented house in Donelson long before I’d met my husband and later children. I was just 20 years old. I’m now 58. So the story of this party is a window into the story of all the party-goer’s lives. A snapshot.
In 1979, Rebecca and I had sold both our cars for a better single car and bought camping gear for an extended tour of the U.S. Bad planning, insufficient funds, a dental emergency, and an old car brought us to a strange place. After about 4 months of camping along the beaches of Florida, Georgia, SC, and NC– we landed in Kenosha, Wisconsin. My now sister-in-law Jeanne Tredup was my brother Donnie’s then girlfriend. We made our way to her family’s sofas and a job at her Dad’s print shop. Later followed by jobs at a nearby theme park: Great America in nearby Waukegan, Illinois. Rebecca met her husband Dale (a high-wire ride mechanic) there that year and stayed.
Sending me home, alone and broke, back to East Tennessee. (After a month at home, I took off again with my brother Don and Jeanne across country on their honeymoon for 7 weeks -- a story for another time.) But that year, Becky and Dale got married and moved back home to Nashville and hosted our first New Year’s Eve Party.
I remember my country singing boyfriend serenaded us in their kitchen into the wee hours of the morning – Brother Rod had introduced me to his music and Rod was an eager listener. New friends Lucy and Perky were there and I believe my family from East Tennessee who came about 50% of the time came that year. So many years, my dearest friend from high school came: Melanie Ault Watson Burman. In later years, with her wonderful artist husband Steve.
Later parties took us out into the country when Rebecca and Dale moved to Joelton. First their little cabin in the edge of some woods and then out to the ranch house on beautiful Sycamore Creek, where my babies both grew up playing in the country. Our raucous music and fireworks disrupted starry cold quiet nights. Only hardy souls with designated drivers or graduates of “the Rod Williams School of Drunk Driving,” (a New Year’s Eve invention from oldest brother Rod) would make the trek. So unless party goers were spending the weekend, turn-out could be low. It was a long windy way to that party.
By the time, their move to Sycamore Creek occurred, we were having the next generation of revelers. I was 7 months pregnant for two of the gatherings and breastfeeding for two of them. Then came babies and toddlers and adolescents and teenagers and college kids. Sometimes 10 people would be hiding in the bathroom from each other to smoke weed – sometimes it was the adults and other times, it was the kids. (In case you’re shocked, you must have not partied in the ‘80’s. That was part of the scene then.)
Dancing with babies in my arms. Dressing up for my good-looking husband in my flashiest and sometimes sexiest attire. Big hair and lots of make-up. Later dancing with my growing daughter and son. My nieces and nephews. My Uncle Sonny. Uncle Richard. My old mother, a teetotaler who is the life of the party and loves to dance. She came last year at 85 with her walker and still danced.
Most of the parties have had these traditional activities which means they’ve all been a blast: Great food (my sister is an exceptional host and cook), raucous music, lots of booze and other party enhancers, political discussion and great conversations, jokes, extended family and friends with kids of all ages, Christmas lights and tree, fireworks (Dale sponsored and fired them off), party hats and blowers, the countdown and kisses, singing Auld Lang Sine, dancing.
Then some unique traditions developed. Arm-in-arm the party winds down with a circle of the hard-core singing: Marshall Chapman’s “Waiting for the Times to Get Better.” Google it. It’s the perfect song to end the year with. (We had a chance to tell Marshall, a local music rocker – she loved it and we gave her a photo of us in the round.) A scratchy LP is drowned out by our shouting rendition. Afterwards, we have to play David Allen Coe, another particular event. A psychedelic dance by yours truly accompanied by Coe’s “Willie, Waylon, and Me“ became part of the annual activities and lots of dance swapping and hugging and a love fest to end the night.

 Sister Rebecca and buddy Melanie loved to share tequila shots and Brother Donnie developed the practice of passing around limes and salt with the request that we “lick our crotch?” between our fisted index finger and thumb so he could apply salt. That always gets a laugh. Perhaps it has something to do with the tequila shot.
Without these parties, I wouldn’t have gotten to know first cousin, once-removed Mary Beth Swindell and her husband Don and sons: Russell and Spencer. Nor had special moments with Uncle Sonny when we sang him a round of tribute songs each with the word Sun or Sunny or Sonny. (He died unexpectedly this year – I cherish the experience of this singing tribute.) Nor partied with my nieces and nephew’s friends: Delie singing Aretha Franklin, partying with the son of Dennis Ogle, my high school boyfriend: Jesse Ogle, nephew Justin’s best friend.
On our drive home, we realized these teen-age guys had imbibed too much and a quick pull-off occurred just in time to avoid a messy van. Sitting on the bench seat with Jesse, I flung him over my lap and simultaneously opened the van door just in time to avoid a mighty hurl. Those country roads at 3 in the morning were rough on the over-indulged tummies.
Without these parties, our sons may have never had the experience of gathering around Uncle Dale has he shot off fireworks sometimes with misfires landing under the deck we were all standing on or him tumbling down the creek bank and disappearing with sister Rebecca leading the applause like this was part of the act or the fireworks exploding under the car. The pyromaniac boys (Joey included) loved this annual activity.
Because we had been having the parties for 20 years when the Millennium rolled around, we wanted it to stand out. So, Rebecca offered to let me and Don co-host and we brainstormed new activities: a huge bonfire, a nighttime hike, hot toddies in the barn, a time capsule, and a drum circle were added for this one special party. Uncle Sonny brought blue hair dye just for the occasion. I had recently attended a dance class and learned an African chant and dance: Good Feelings Come In – Bad feelings Go Out. It was a hit as everyone marched, drummed, danced and sang in a circle around the fire. After a few minutes brother Rod led us into a new version and chant: A, E, I, O, U, and sometimes Y and W. An instant success as everyone knew it and joined in. The time capsule had us sharing show and tell and then sealing them away. Uncle Sonny took it home and now I don’t know where it is. But I brought a family skate key that had hung in our Mama’s house for 20 years. Don and Donnie brought some writing they had done. Everyone brought something and slid it away into the plugged PVC pipe.
Pine cone decorated cheese balls, peanut butter and powdered sugar pinwheels, caramel coated crispy oriental noodles, dazzling floral centerpieces (my sis is a master floral arranger), disco balls and disco lights, a throbbing base, and all the smiling, whirling, faces of all my living and departed kin and friends.
Almost every New year’s Day we gathered again with out-of-towners at my Aunt Linda’s grand old house for black-eyed peas and corn bread and badly needed coffee to enjoy a more sober, somber affair. Still lots of stories and love to share.
These are the holiday treasures to last a lifetime that cover so much of my life. Happy 2018! The end of an era.

Kathleen Williams is my sister. I share the sweet memories of all of these years of New Year's Eve parties at Becky and Dale's.  With Louella's condition and the cold, I would not have made this year's party if they would have had it.  It is sad to see a tradition come to an end, but time marches on. Kathleen is the founder and former CEO of the Tennessee Parks and Greenway's Foundation.  She lives in Nashville with her husband Don, enjoys being a grandmother and still seeks adventure. Rod Williams 

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