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Thursday, March 09, 2017
Wednesday, March 08, 2017
What happened at the 3-7-17 Council Meeting: $14 Opryland water park deal approved, Driving while Black at issue, Body cameras for police,
To access the Council agenda, the Council staff analysis and my commentary on the agenda, follow this link. I find most public hearings on zoning matters real boring and zip through that part of the meeting at double speed and I don't even try to understand the pros and cons of each rezoning bill so it that interest you, you may want to watch it for yourself. I do try to call attention to those zoning bills that prove particularly controversial or have policy implications. All appointees to Boards and Commission are approved as it the norm. Also all bills on first reading are lumped together and pass by a single vote as is the practice.
Public Hearing
BILL NO. BL2017-580 extends indefinitely the Downtown Central Business Improvement District which is set to expire the end of this year. The bill provides a mechanism whereby the property owners in this district may petition to dissolve the Improvement District. This area in the core of downtown has a special additional tax assessment and for that the district gets additional services. Former Council member Emily Evans speaks in favor of the bill. There is no one speaking in opposition.To see her comments and other discussion of the bill see timestamp 14:10- 17:47. It passes.Resolutions. Consideration of resolutions begins at timestamp 40:49. Most resolutions pass on the consent agenda and are passed by a single vote. Below are the resolutions of interest.
SUBSTITUTE BILL NO. BL2016-493 is the sidewalk bill which tightens up the requirements that developers build sidewalks. It is again substituted and then deferred to the first meeting in April.
BILL NO. BL2017-611 would make it harder for people to get a Short Term Rental Property Permit ( Airbnb-type rental). It would have required the consent of adjacent property owners in order to get a permit. That is amended out. It would require approval of Home Owner Associations, Condominium Associations, or other such community associations prior to issuance of a Short Term Rental Property permit. It is not as bad as before, but still seems unnecessary. It is deferred till the first meeting in May.
RESOLUTION NO. RS2016-459 ask the Police Department to inform the Council whether they agree or disagree with research findings in a recent report from Gideon’s Army regarding MNPD traffic stop statistics in Nashville, and to provide any other statistics or information necessary to refute, confirm, or add context to this report. The report in questions says you are much more likely to get stopped by the police if you are Black. This issue has been pending before the Council for about four months and has been the subject of several meetings. Some council members take to the floor and say we know the disparity exist and we need to fix it. Councilman Scott Davis says the issue is poverty and minority unemployment and we need to fix those problems. Councilman Pardue says the resolution is unnecessary because the police have provided the information requested. This discussion is worth watching. This passes on a machine roll call vote of 31 to 7. Those voting in opposition are council members Swope, Pridemore, Pardue, Glover, Huezo, Pulley, and Dowell. To see the discussion see timestamp 48:46 -1:04:22Bills on Second Reading
RESOLUTION NO. RS2017-566 by Scott Davis expresses support for the Medical Cannabis Access Act currently pending before the Tennessee General Assembly. This was on the agenda last meeting and deferred. It is deferred once again.
RESOLUTION NO. RS2017-588 requesting immediate purchase of at least 168 Metropolitan Police Department body cameras. The sponsor, Council member Karen Johnson, makes a passionate plea for passage. Councilman Glover says the resolution is "window dressing" and this will be addressed in the normal budget process which starts soon. Several other council members make good comments. This discussion is worth watching, see timestamp 1:12:09 - 2:06:12. The resolution passes 30 to 5 with two abstentions. The "no" votes were Pridemore, Pardue, Swope, Glover and Pulley. Abstentions were Mina Johnson and Rosenberg.
BILL NO. BL2016-483 would require the police department to provide a quarterly report to the Council on how many traffic stops were made and what happened as a result of the stops, such as how many pat downs and how many searches and the race of the person stopped. It passes on a voice vote.Bills on Third Reading
BILL NO. BL2016-308 requires tenants of housing funded by the Barnes Trust Fund to comply with certain maintenance and standards of conduct and to refrain from any illegal activity on the premises of the dwelling being rented. This was on Second Reading October 6th, 2016 and proved very controversial. At that Council meeting several council members spoke against it, mostly the African-American members of the Council. They argued that it stigmatized tenants to require a code of conduct. It was amended to say landlords "may" instead of "shall" enforce standards of conduct. This still did not satisfy some members of the Council. It passes on a voice vote with some audible "no's" at that meeting and has been deferred on third reading a couple times to this meeting. It is deferred again which means it is deferred indefinitely and so it is probably dead.
BILL NO. BL2017-589 is the $14M tax break package for the Opryland water park. It passes on a machine roll call vote by 30 to 6. To see the discussion, see timestamp 2:28:28 - 2:55:03.
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Diane Black writing in National Review says, "Conservative Repeal and Replace Is Here."
Diane Black |
We need relief based on clear principles: Government shouldn’t dictate our health-care choices, health care should be driven by market principles, and we must help those who truly need our help.
This week, House Republicans introduced legislation rooted in those principles. Our market-driven, patient-centered reforms offer relief from Obamacare, providing a stable transition to a new and reformed health-care system. (Read more)
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Metro Council passes $14M incentive package for Opryland water park
Joey Garrison , USA Today Network - Tennessee - Ryman Hospitality will get an estimated $13.8 million in city incentives as part of the company's plans for a new private water park at its Gaylord Opryland Resort & Convention Center following Metro Council action Tuesday.
The council voted 30-6 with four abstentions to approve on final reading a plan to keep Opryland’s property tax payments flat through 2025 after this year’s reappraisal. As a result, Metro won't take in about $1.63 million in expected annual property taxes the city would typically collect from the water park. (link)
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Tuesday, March 07, 2017
Obamacare replace is a "disappointing start," says National Review
by The Editors, National Review, March 7, 2017 - We believe that Obamacare should be repealed and replaced with policies that enable Americans to make their own decisions about what sort of health insurance to buy, and that their options should include low-premium coverage that protects them against the risk of major financial setbacks resulting from health care. The legislation released last night by House Republicans is, even on the most charitable reading, only a first step toward that goal. .... It does not repeal all of Obamacare, leaving many of its regulations in place. .... the legislation has some serious flaws even as a first step toward full repeal and replacement. ....
The bill has its good points. If the surcharge works, the deregulation in the bill would lower premiums. Many of Obamacare’s taxes would be repealed. Obamacare’s tax credits create high effective marginal tax rates for people in the lower middle class; the bill’s replacement tax credits would avoid this problem. Permissible contributions to and limits on health savings accounts would be loosened. Federal contributions to Medicaid would be capped, ending the perverse incentives that have for decades enabled the growth of the program. All in all, though, the bill is a disappointment. (Read more)
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What's on the Council agenda for 3-7-17: $14M giveaway for Opryland water park, Driving while Black, an attack on Airbnb, code of conduct for tenants of Barnes Fund housing.
The Metro Council will meet Tuesday, March 7th, 2017 at 6:30 PM in
the
Council chamber at the Metro Courthouse. Council meetings are really boring and I watch them so you can be a
well-informed citizen of our city and still not have to watch them.
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 five appointment to Boards and Commissions on the agenda and you can expect all to be approved unanimously.
There are 27 bills on First Reading but bills on First Reading are all lumped together and pass by a single vote except in rare cases. I do not read bills until they get to Second Reading.
There are 28 resolutions or bills on Public Hearing, and most of them are zoning bills. Public Hearings are real boring unless the property under discussion is next door to you. Opposition to rezoning usually boils down to (1) impact on the capacity of infrastructure such as roads and schools, (2) potential to cause flooding, or (3) negative impact on the quality and character of the neighborhood. I don't even try to gain an understanding of every zoning bill or form an opinion of its merits. I try to point out those that have wider implication than one neighborhood or that I have reason to believe will be particularly controversial or has already been to the Planning Commission and been disapproved. Below are the resolutions of interest.
BILL NO. BL2017-580 extends indefinitely the Downtown Central Business Improvement District which is set to expire the end of this year. The bill provides a mechanism whereby the property owners in this district may petition to dissolve the Improvement District. This area in the core of downtown has a special additional tax assessment and for that the district gets additional services. I do not expect this to be controversial.There are 19 resolutions on the consent agenda. Resolutions on "consent" are passed by a single vote of the council instead of being voted on individually. If a resolution has any negative votes in committee it is taken off of consent. Also any council member may ask to have an item taken off of consent or to have his abstention or dissenting vote recorded. Here are the resolutions of interest.
SUBSTITUTE BILL NO. BL2016-493 is the sidewalk bill which tightens up the requirements that developers build sidewalks. In my view this is a flawed bill. It would require a developer to build a sidewalk in front of his residential development even it that would be the only sidewalk portion on a street. This has been deferred a couple times before. Since then more work as been done on the bill and it is expected that this substitute will be substituted.
SECOND SUBSTITUTE BILL NO. BL2017-555 rezones 32 acres from R10 to RS10. R10 permits duplexes; RS10 does not. This type rezoning constantly happens and I think it is poor policy. A lot of members of the Council profess to want good mass transit and profess to be concerned about affordable housing. Lesser density decreases the supply of affordable housing and makes mass transit more difficult to achieve. At one time there were no residential districts where one could not build duplexes but for about the last thirty years, little by little, large swaths of the city have been rezoned to single family only. There is no movement to stop this practice however and the Planning Commission approves these type rezonings and they are popular with many neighborhood residents.
BILL NO. BL2017-611 would make it harder for people to get a Short Term Rental Property Permit (such as an Airbnb rental). It would require the consent of adjacent property owners, Home Owner Associations, Condominium Associations, or other such community associations prior to issuance of a Short Term Rental Property permit. I oppose this bill.
RESOLUTION NO. RS2016-459 ask the Police Department to inform the Council whether they agree or disagree with research findings in a recent report from Gideon’s Army regarding MNPD traffic stop statistics in Nashville, and to provide any other statistics or information necessary to refute, confirm, or add context to this report. The report in questions says you are much more likely to get stopped by the police if you are Black.
RESOLUTION NO. RS2017-566 by Scott Davis which expresses support for the Medical Cannabis Access Act currently pending before the Tennessee General Assembly. This was on the agenda last meeting and deferred. I strongly support this memorializing resolutions.
Bills on Second Reading. There are 12 bills on Second Reading. These are the ones of interest.
BILL NO. BL2016-483 would require the police department to provide a quarterly report to the Council on how many traffic stops were made and what happened as a result of the stops. such as how many pat downs and how many searches and the race of the person stopped.
BILL NO. BL2017-559 would allow members of the metro council to initiate rezoning of property owned by the metropolitan government. Now the mayor may do so or department heads but not the district councilman. This sounds reasonable to me. This was previously on the agenda and deferred to this meeting.Bills on Third Reading: These are 14 bills on Third Reading and this is the only one of interest.
BILL NO. BL2016-308 requires tenants of housing funded by the Barnes Trust Fund to comply with certain maintenance and standards of conduct and to refrain from any illegal activity on the premises of the dwelling being rented. This was on Second Reading October 6th, 2016 and proved very controversial. At that Council meeting several council members spoke against it, mostly the African-American members of the Council. They argued that it stigmatized tenants to require a code of conduct. It was amended to say landlords "may" instead of "shall" enforce standards of conduct. This still did not satisfy some members of the Council. It passes on a voice vote with some audible "no's" at that meeting and has been deferred on third reading a couple times to this meeting. If it is deferred this time then the deferral will be indefinite. To see the second reading discussion follow this link and view the video and see timestamp 2:27:02- 2:43:11.
BILL NO. BL2017-589 is the $14M tax break package for the Opryland water park.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.
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Heritage Foundation opposes the Ryan version of Obamacare replacement
The influential Heritage Foundation has come out against the Ryan version of Obamacare replacement, in an email to supporters saying, "This is bad politics and, more importantly, bad policy. If Republicans move forward with this bill, they will be accepting the flawed premises of Obamacare. Instead, they should fully repeal the failed law and begin a genuine effort to follow through on their seven year promises to create a free market health care system."
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RYANCARE: 5 Serious Problems With The Republican Replacement For Obamacare
According to Ben Shapiro writing in Daily Wire, there are five problems with the Paul Ryan version of Obamacare replacement.
1. It Retains Requirements That Insurance Cover People With Pre-Existing Conditions. This he says is like allowing you to buy health insurance once the house in on fire and that the only way to realize this is by a mandate or a subsidy.
2. It Creates A Back Door Mandate.
3. It Creates Individual Healthcare Subsidies.
4. It Subsidizes Medicaid
5. It Subsidizes High-Risk Pools On The State Level
Read the full article at this link.
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The American Health Care Act: What You Need to Know
Of course, peace of mind is everything, and there will be a stable transition to make sure no one has the rug pulled out from under them. In addition, our plan takes care of people with pre-existing conditions and lets young adults stay on their parents’ plan. We will also work to ensure access to quality care for the poor and most vulnerable. Here’s how:
Modernize Medicaid
Medicaid is not sustainable in its current condition. By modernizing and strengthening the program, our reforms will empower states to create plans to best meet the specific needs of their citizens. It will put Medicaid on financial footing so it can do what it was designed to—protect the most vulnerable. It will help Americans in need of health coverage and return the focus of the program to its original intent.
Introduce the Patient and State Stability Fund
We have to repair the state insurance markets damaged by Obamacare. Our plan will do so through the Patient and State Stability Fund, allowing states to allocate resources in ways that will best take care of the most vulnerable of their populations. States can use these funds to support high-risk pools, cut out-of-pocket costs like premiums and deductibles, and promote health care accessibility. The Patient and State Stability Fund will give states the flexibility they need to care for their citizens.
Enhance Health Savings Accounts (HSAs)
Obamacare’s one-size-fits-all policies limit how individuals can spend and save their health care dollars. Our plan will do the opposite. By enhancing HSAs, we’ll empower individuals and families to spend their money how they see fit. This will create choice and competition among insurers. Ultimately, stronger HSAs will result in greater affordability and higher quality for Americans nationwide.
Provide Advanceable, Refundable Monthly Tax Credits
Obamacare subsidies are designed to drive people toward expensive, one-size-fits-all coverage—increasing costs and discouraging competition and work. After a stable transition period, our plan will repeal the open-ended subsidies and instead offer middle-income Americans an advanceable, refundable tax credit that empowers them as consumers. Available to those under a certain income who do not receive health coverage through work or a government program, these credits will be age-based, portable, and help create a true market for quality coverage. With this credit, we’ll incentivize competition to ensure there are quality, affordable plans for purchase.
Eliminate Costly Insurance Mandates
Obamacare mandates drive up the cost of coverage and stifle consumer choice. While the Trump administration has already acted to roll back the regulatory burdens of Obamacare, our plan will also reduce Washington control so consumers can more easily buy the kind of plan that fits their particular needs. These reforms will help provide consumers more affordable coverage options.
Republicans made a promise to the American people—and today, we are turning those words into action. By repealing and replacing Obamacare, we will encourage greater choice, lower costs, and give power back to states and individuals.
This is the American Health Care Act.
The above highlighting is that of the editor.
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Monday, March 06, 2017
It's official! Karl Dean is running for Governor.
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Senator Douglas Henry, RIP
Senator Douglas Henry may have been the last of the good Democrats. He had a profound love for this country and state, he revered the constitution, he was pro-life, and fiscally responsible. Senator Henry was a true southern gentlemen, always civil and polite and responsive.
I did not know Senator Henry well, but interacted with him from time to time and was at many of the same functions with him over the years. I respected, admired and liked Senator Henry. He will be missed. Below are news stories and tributes.
4 WSMV: Lawmakers release statements on passing of former Tennessee senator.
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Gov. Bill Haslam Statement on Passing of Douglas Henry:
One of the most fun calls I have been able to make as governor was a call in 2015 to Sen. Henry when we knew we would be able to put funding for the new state museum in the budget. Sen. Henry was a tireless champion of the museum, its mission and the importance of preserving Tennessee history for future generations. His dedication to the museum may only be surpassed by his commitment to the state’s financial strength. I was fortunate to be able to visit with Sen. Henry Friday, and I can attest that the state’s finances were still top of mind to him. He served the state for nearly 50 years, and it is not an exaggeration to say that he is one of the primary reasons the state is on such solid financial footing today. He was a powerhouse intellect, courteous, kind, genuine and a statesman, and I will miss knowing that his wisdom and perspective are only a phone call away.
Former State Sen. Douglas Henry, A Giant In Tennessee Politics, Dies At 90
“There was no one in the Tennessee General Assembly who demonstrated integrity, courtesy and financial stability more than Douglas Henry. To him, party politics were of no importance. The citizens he served were what mattered. His example will be important for years to come.”
Bob Corker Statement on the Passing of Douglas Henry:
CHATTANOOGA, Tenn. – U.S. Senator Bob Corker (R-Tenn.) today released the following statement on the passing of Doug Henry, the longest-serving member of the Tennessee legislature. Henry retired in 2014.
“I first had the opportunity to work with Doug Henry in the mid-1990s during my time as commissioner of finance, and I last spoke with him on Friday to tell him how much I thought of him,” said Corker. “He was a true gentleman and a true Tennessee statesman. No one focused more over a longer period on the fiscal issues facing our state than Senator Henry, and with a steady hand and wise guidance, he set a tremendous example of bipartisanship and integrity in public service. I will truly miss Doug’s friendship and will keep the entire Henry family in my thoughts and prayers during this difficult time.”
As commissioner of finance in the mid-1990s, Corker worked closely with Henry in his role as chairman of the powerful Senate Finance, Ways and Means Committee to address challenging budgetary issues.
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Sunday, March 05, 2017
Big crowd for pro-Trump Spirit of America rally in Nashville.
Yesterday was a beautiful spring day and perfect weather for a political rally. I wore my red Make
A small group of maybe twenty protestors gathered at the foot of the stairs on the east side of the Plaza. They were loud and obnoxious and two were arrested, one for attempting to incite a riot and the other for theft of property and resisting arrest. Several of them were dressed in black and wore face mask. Why, I don't know. I am not sure if that was so they could not be recognized if they engaged in illegal activity or if they are paranoid and think big brother is watching or if that was supposed to be intimidating. There was a heavy State Trooper presence at the event keeping order.
The program was organized and MC'ed by Mark Skoda, a tea party activist from Memphis. Speakers included Tennessee House Majority Leader State Rep. Glen Casada, Gateway Pundit founder Jim Hoft, member of the Tennessee Republican Party and political activist Rebecca Ann Burke, radio talk show host Ralph Bristol, State Rep. Judd Matheny, and Senator Mae Beavers.
The protestor arrested for theft was a 19 year old girl. This is the report of the incident as posted to Facebook by Connie Hunter:
A person ran by our table this morning while we were setting up & snatched Trump tee shirts. Just so happened I was 5 feet away w/a state trooper...we chased after...he called backup...in seconds 15 officers descended on the scene all chasing the person down Deadrick! Because of the hoodie we did not know until troopers nabbed...it was a millennial GIRL! I saw her stash the tees in the trash, retrieved them while officers got her!! We pressed charges, she is in jail for theft!
Quite the day!!
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