Metro Council District 23

Charter Amendment: The Fairgrounds

2011-07-31T12:20:00.004-05:00

There is but one amendment to the Metro Charter on the ballot this Thursday. Known as the "Fairgrounds Amendment," this change to the charter would require two things.

1) The Metro Board of Fair Commissioners will be required to continue to conduct all activities held at the Fairgrounds as of December 31, 2010. Those activities shall include but not be limited to the Tennessee State Fair, the expo activities (lawn and garden show, Christmas Village, etc.) flea market and auto racing; and

2) The Fairgrounds property will not be demolished unless it is approved by 27 votes of the Metro Council.

Some have raised the rather specious argument that the question of the Fairgrounds does not rise to a level of importance necessary for inclusion in the Metro Charter. They are, of course, ignoring the fact that the reason we have a State Fair in the first place is because we are directed to do so by the Metro Charter.

Way back in 1909, the State of Tennessee determined that each county in the state should have a divisional fair. The state set about obtaining locations and sponsoring fairs. After a few years in the fair business the State realized that sponsoring a fair in each county was a load of work and they decided to shift the burden to the counties themselves. So, through Chapter 515 of the Private Acts of 1923, all the counties were enabled to obtain control of their fairgrounds from the state, hold a fair and, if necessary, levy a small property tax to pay for it. This last feature, more than the other, expresses the State's strong support of fairs that exhibit the agriculture and industry of the great State of Tennessee. The only other entity that can levy property taxes in Davidson County is the Metro Council.

When Metro was formed in 1963, Chapter 515 of the Private Acts of 1923 along with the earlier Chapter 490 of the Acts of Tennessee for 1909 were incorporated by reference along with additional language about how Fair Commissioners would be selected and provisions on payment of personnel. The Charter further states that the Metro Council can adopt any ordinance providing for additional duties of the Fair Board. So, it is both proper and appropriate that an amendment to the Charter pertaining to the duties of the Fair Board be brought to you for consideration at the ballot.

The first part of the amendment requires that the activities held at the Fairgrounds as of December 31, 2010 be continued. Unfortunately, the language does not make clear that these activities are to be conducted on the property we know as the Tennessee State Fairgrounds. So, if you ignored the rowdy debate last winter or just moved here from Cleveland, you might not fully understand the intent which is to continue the operation of the Fairgrounds in south Nashville as they are today.

The second part of the amendment prohibits demolition of the Fairgrounds structures unless there are 27 votes. The purpose of this section is in direct response to an effort, which ultimately failed, to demolish the historic auto short track at the Fairgrounds.

So, how you vote on this charter amendment will really come down to how you feel about fairs and the Fairgrounds. There is little doubt that the Tennessee State Fair and the Fairgrounds are not living up to their potential. The place has been plagued by bad politics, bureaucratic indifference and poor management for many years. On a more macro level, the last 50 years or so have seen Nashville, and to a lesser extent, the State of Tennessee put some distance between its urban/suburban present and its agrarian past.

I think it is the latter trend that prompted some folks to view the Fairgrounds as a place to realize their real estate development ambitions. It is the promise of "mixed use" (which most real estate development experts find unlikely) that motivates them. There has also been some chatter about unspecified jobs and economic impact that makes them think we should dispense with the legacy that is the State Fair and the Fairgrounds.

Its checkered past does not mean the future for the State Fair cannot be a bright one. Appreciation for local agriculture is once again on the rise. A few weeks ago, I went to a "cheese" dinner at a Hillsboro Village restaurant. The dinner featured cheeses made in Tennessee. CSA's like Bells Bend and Avalon Acres are becoming more and more popular for people who don't like to speculate on how far their food travels. Tennessee's contributions to industry continue to increase. The Smyrna-built Nissan Leaf is just one example of the innovation that could be put on display at a Tennessee State Fair.

The motto of the State of Tennessee is "Agriculture and Commerce." As Senator Douglas Henry likes to point out, "Agriculture" comes first. Like it or not, we are the capital of the State of Tennessee and with that honor comes some responsibilities and activities that are pressed upon us by our unique status - like the Tennessee State Fair.

Remembering the Flood

2011-05-02T10:08:00.009-05:00

Landslide in West Meade

Carport in Warner Parks Community

Warner Parks Community

Belle Meade Terrace Condominiums

Leake Avenue near Parmer Park

The Two Nashvilles

2011-01-24T07:40:00.004-06:00

The legitimate and pressing question of the future of the Tennessee State Fairgrounds has absorbed the attention of the Mayor, the Council, the media and the city for the last several months. While our eyes were diverted, the Tennessee Department of Education released the annual "No Child Left Behind" report card.

Davidson Co schools got a "D" on their report card. Only 27% of kids K-8 tested proficient or advanced in math. Just 41% of the same group tested proficient or advanced in reading and language. For high school kids, 39% tested proficient or advanced in math and 60% in reading and language. Only 66 of our 133 schools were listed as being in "good standing."

Most troubling are the test scores for economically disadvantaged kids. A dismal 19% of economically disadvantaged kids K-8 tested proficient or advanced. The number for reading and language was 32%. For high school students the percentages was 32% and 50%.

Here in the 23rd District the numbers break down this way:

West Meade Elem: 44% of all students proficient or advanced in math; economically disadvantaged 33%. 45% of all students proficient or advanced in reading/language; economically disadvantaged 37%.

HG Hill Middle: 31% of all students proficient or advanced in math; economically disadvantaged 23%. 43% of all students proficient or advanced in reading/language; economically disadvantaged 36%.

Hillwood HS: 37% of all students proficient or advanced in math; economically disadvantaged 26%; 63% of all students proficient or advanced in reading/language; economically disadvantaged 53%.

I have highlighted the numbers for economically disadvantaged kids because 72% of the Davidson Co System is economically disadvantaged. It is our failure as a city to demand more for these kids that returns weak results system-wide. The middle class of all colors have left the system for private schools, magnets, home school and the border counties.

While proponents for development of the Tennessee State Fairgrounds have spoken in hushed and panicked tones about the critical need for land on which to build office buildings for corporate re-locations (a thesis that does not hold up in Michael Cass' careful reporting this morning) they seem to ignore the one thing fundamental to our City's economic future - an educated workforce.

So, when we cast our eyes southward to gaze enviously at the reflective glass office buildings that line I-65, let's try to emulate something more meaningful long term:

Williamson Co had 59% of all students K-8 test proficient or advanced in math; economically disadvantaged 42%. Better than 3/4 of kids K-8 tested proficient or advanced in reading and language; economically disadvantaged kids came in at 59%. For high school kids 72% tested proficient or advanced in math; economically disadvantaged 44%. The high school group tested 88% in reading/language for all students and 66% for economically disadvantaged. All but one Williamson Co school is listed in "good standing."

Public Meeting on Music City Bike Path!

2010-12-10T12:45:00.004-06:00

There will be a community meeting on December 15th from 6 to 8pm at the Hillwood HS auditorium to get an update on the proposed Music City Bike Path. This Bikeway will meet a longstanding goal for District 23 resident to better connect the West Meade/Hillwood areas to the Warner Park. Joining CM Holleman and me at the meeting will be representatives from the Mayor's Office, Public Works and the Greenways Commission.

Go to this link for for a map.

If you have any questions. Or would like to discuss further, please give me a call.

The Omni Convention Center Hotel - The Good, the Bad and the Ugly

2010-10-08T17:52:00.009-05:00

On Thursday the Convention Center Authority approved the Development and Funding Agreement with OMNI Hotels for the construction of a 800 room convention center "headquarters" hotel. The deal actually involves 5 agreements and I presume all were approved at the same time. The most important of those agreements are the Development and Funding Agreement and the Room Block Agreement. The hotel will consist of a minimum of 800 rooms, about 60,000 square feet of meeting space including a ballroom and junior ballroom, business center, spa and pool. Here is a not so quick run-down on the financial and operational aspects of the deal:

The Good: Our brand spanking new convention center will have a "headquarters" hotel. No one believed the malarkey from our somewhat controversial feasibility consultant, Tom Hazinski of HVS in Chicago and endorsed by the Dean administration, that the convention center would prosper without a hotel. Most of us have favored the conventional wisdom (pardon the pun) which said that since even unsuccessful convention centers in America have hotels attached to them it might be difficult to compete if ours did not not. Proving the point to some degree is the fact that bookings have been ominously below even Mr. Hazinski's "no-hotel" scenario projections.

The hotel will be privately financed (albeit with healthy public subsidies), owned and operated. OMNI will bear the operating and construction risk. Before we pat ourselves on the back remember that it is unlikely we could have publicly financed any hotel since virtually all tourist related taxes and revenues have previously been pledged to the convention center itself. The only other option was a general government or "moral obligation" pledge. After all the controversy that surrounded the approval of the convention center itself, putting Nashville in the hotel business was an idea about as politically viable as asking the Mayor of Grand Isle, LA if Tony Hayworth can lead the Mardi Gras parade this year.

The Bad: In exchange for building a hotel for our convention center, OMNI gets an annual payment from Nashville. These payments will total $245.5 million over 20 years. Using an interest rate of 8.75%, these payments represent $103 million in today's money. Nashville will also provide a 62.5% decrease in property tax payment which would work out to about $3 million a year and total $60 million over 20 years.

Nashville will also commit to a room block agreement with OMNI. That agreement says that OMNI will make 80% of its hotel rooms available for "City-wide Events" that are booked at least 36 months ahead of time. A "City-wide Event" is one that uses the OMNI plus one other hotel and requires a minimum of 1,000 hotel rooms. For events scheduled 24 to 35 months ahead of time, the OMNI will make 50% of its rooms available for "City-Wide Events."

The hotel room rate will be established at the sole discretion of OMNI. This provision may be in conflict with the events tentatively booked for the new convention center. A number of the of those events were sold with the stipulation that the headquarters hotel would be no more than 10% above the next four star property. If the Renaissance is booking rooms at about $189 per night then the OMNI can charge no more than $207. Also, many of these pre-booked events do not have food and beverage minimums. The OMNI contract allows the hotel to charge food and beverage minimums commensurate with the event. These sorts of conflicts for events booked before OMNI was on the scene will need to be worked out.

The Ugly: We have been told since this project was first discussed that a convention center needs a 1,000 room hotel so that 800 hotel rooms can be available for booking conventions. The OMNI will only have 640 rooms available for conventions that book 3 years in advance, 400 for those that book 2 years in advance. With meeting attendance getting smaller, I am not sure I agree with this claim but I mention it only to say that we need to be certain that this hotel is adequate to make our convention center successful.

For what it is worth, our not very credible hotel feasibility consultant, HVS, seems to be saying that the hotel won't matter much to our tourism industry. I reviewed Mr. Hazinski's original report, made a few adjustments for his math errors, and compared it to his most recent study dated September 1, 2010. Mr. Hazinski concludes that the difference in hotel and sales tax collections with a hotel and without a hotel is almost precisely what we will pay OMNI in annual subsidies. In other words, the much ballyhooed "surplus" in tax revenues created by the construction of the hotel will be OMNI's surplus, not Metro's. One year, 2013 looks like it will go into the red about $3 million.

Also, much of the additional tax revenue derived from the hotel will not be hotel occupancy taxes but rather sales taxes. Of the $9.9 million extra we are supposed to collect in 2015 as a result of building this hotel only about $750,000 will be a result of more heads in hotel beds. The rest, according to Mr. Hazinski, will come from sales taxes at the OMNI hotel and the convention center or in the downtown Tourist Development Zone. In fact, Mr. Hazinski thinks that the convention center and the hotel will generate about $80 million in taxable sales in 2015. The convention center, also according to Mr. Hazinski, should generate about $25 million in that year. That leaves the hotel to do about $55 million in business. Since he isn't predicting a whole lot more overnight guests, we have to conclude that the OMNI will instead do a booming business in weddings, proms, bar mitzvah and pay parties for people who already live here. And that, of course, is bad news for every other hotel in town that does not have the luxury of fat government subsidies...unless of course Mr, Hazinski is wrong.

Harding Academy/Humane Property Rezone

2010-10-08T17:34:00.003-05:00

On Thursday next week the Metro Planning Commission will hear a request to rezone the approximately .80 acres at 112 Harding Place. This lot, commonly known as the Humane Association Property, is currently zoned for a 5 story luxury condo. Harding proposes to rezone it to SP (Specific Plan) to accomodate about 60 parking spaces. Planning staff has recommended approval with conditions. You can read the staff report on page 36 here.

If the MPC approves the rezoning request, then I will file a bill to rezone the property and cancel the exiting PUD. We have scheduled a community meeting for November 11th to discuss. Please mark your calendars for 7pm. We will gather at Harding Academy's Tennessee conference room at 170 Windsor Drive.

In the meantime, please do not hesitate to call if you have any questions.

Harding Academy/Humane Property Re-zone request

2010-09-03T17:41:00.004-05:00

Yesterday, Harding Academy submitted a re-zoning request for property located 112 Harding Place. This property is more commonly known as the Humane Association property because it was for many years home to the Nashville Humane Association. In 2005 it was rezoned from Commercial Service to residential multi-family to accomodate a proposed 5 story luxury condo development.

The economy being what it is, the condo project was never built and Harding Academy purchased the land for parking. The RM zoning classification will not accomodate off-site parking so, they are proposing it be rezoned. Since this is a pretty sensitive piece of property - located along a creek that floods - special consideration must be given and the SP designation is probably the best tool to create a custom zoning.

The proposal has been submitted to the Metro Planning Department. It will also require Stormwater Committee and Metro Council approval. Below is the plan. I cropped it a bit to make it easier to read but can send the whole image to anyone who needs it.

Please take a look and let me know if you have any questions, concerns or suggestions.

Flood Update

2010-05-10T08:42:00.002-05:00

The demands of Flood 2010 have kept me away from posting updates on the blog. The good news is that I am a total Twitter convert. So, many of you received info that way and hopefully it was helpful. I also distributed information through the listservs around the district. So, if you didn't get the Twitter feed, hopefully you got the email updates.

Last week, we discovered the alternate personality of Richland Creek. That normally babbling brook and all its tributaries was transformed into a sort of hydrological Mr. Hyde. It rose to 20 feet and cut a pretty wide path of destruction from its various origins in West Meade and Forest Hills all the way to the Cumberland River. Meanwhile, the earth had way too much to drink and spewed water into every basement she could find. When it was over, left behind are mudslides, debris and infrastructure damage. The public and private economic impacts are significant and far reaching.

Restore and recover are the marching orders now. To that end, I have now toured all of that part of the district that lies south of Harding Rd and part of West Meade on the north side. I have inventoried all infrastructure damage and am submitting those to Public Works and Stormwater Management. If you see a problem on your street, please email it to me and I can make sure it is on the list

Debris removal has begun. I do not have a date for pick up in the 23rd yet but as soon as I do, I will let you know. Please refer to the guidelines on debris disposal here.

Water conservation continues to be very important. Due to conservation measures, stored capacity which had dropped to 37% is now up over 80%. But we still are not making enough water for your grass or your car. Please report all non-essential water use to kim.minton@nashville.gov.

If you have not done so, please file your insurance claims with your private carrier even if you expect to be denied. You will need the denial letter to take the tax deduction and to file for FEMA. If you wish to file with FEMA, please call 1-800-621-FEMA or online at DisasterAssistance.gov.

Hang in there folks. The next few months are gonna take patience, thoughtfulness and above all, a sense of humor.

Claire, a word please?

2010-05-09T15:00:00.003-05:00

Notwithstanding a little griping from some corners, I am pretty much ok with being ignored by the national media during our epic flood last weekend. Generally when you are ignored by the national press, it is because you are acting properly. We had little looting. The water shortage was initially handled by the unsung heroes in the Metro Water valve crew and subsequently through meaningful conservation. Everyone pitched in for rescue and clean-up. As far as disasters go, there is a whole lot of which we can be proud. That sort of thing doesn't get you on network news.

So, I was not too distressed to see that my recent issue of Time dedicated just 200 words and one picture to our flood. I was a little miffed, however, to read this line: "And the stage of the Grand Old Opry, the spiritual home of country music, once graced by legends like Patsy Cline and Hank Williams, is now waterlogged."

The flooded Opry house opened in 1974. Hank Williams died in 1953. Patsy Cline passed 10 years later. I was told not to give the writer, Claire Suddath, too hard a time by a mutual friend because the kid probably wasn't even born when all the things in the preceding sentence happened. But I will ask this: is it too much to ask that when the national media slights us during our region-wide tragedy, they do so accurately?

Water Line Replacement Begins Tomorrow

2010-01-24T16:24:00.003-06:00

Metro Water Services will start replacing the water line that runs down Belle Meade Boulevard from Page to Harding Road and thence to Lynnwood. Also slated for replacement is the line that follows Jackson Boulevard from Harding Road to Gerald Place and Gerald Place to Belle Meade Boulevard. Lastly, the line along Glen Eden from Estes to Jackson will also be replaced. The project is scheduled to begin tomorrow at the intersection of Page and Belle Meade and continue for about 10 months.

This work is a result of years of deteriorating water pressure in the area brought on by aging infrastructure and higher water demand. The problem had become so acute that two summers ago, Metro Water Services installed a temporary pump on Harding Place to help maintain water flow. Higher elevations like Jackson Boulevard have been especially hard hit.

Expect much of what you have seen on Harding Place. There will be extensive street excavations, detours and those nifty metal plates that make a lot of noise when you roll over them. The water main will be replaced as will all service lines from the main to your meter box. We should also see some new fire hydrants.

Metro Water Services is working closely with the City of Belle Meade to make this as small a headache for everyone as possible but there is no getting around some inconvenience. Feel free to take alternate routes, use the park for biking and jogging and generally avoid the area if you don't like to be slowed down by major infrastructure improvements. Also, keep it in perspective. Most of this water line was installed in 1913 by a private developer named Luke Lea. A little upgrade every century or so is probably something we can all deal with.

The 1% Solution

2010-01-18T07:41:00.004-06:00

It is no secret I am a skeptic of Mayor Dean's proposed convention center (and eventual hotel). This is, of course, unfortunate as I generally like to support the Mayor's initiatives and for the most part I have. Some of those things have been things I wholeheartedly endorsed like water rate reform and equitable funding of stormwater services. Some of those things I have been more ambivalent about like the Bellevue Mall economic development zone and the Predator's lease.

Since my primary job is to represent you, I have to use my best judgement and assess this project in terms of its impact on your life and the future of this city. When I apply the most basic risk-reward analysis, the Convention Center proposal does not measure up.

We will borrow $650 million and for that we will get about a 4% increase in room night sales to convention and trade show visitors. We will do little or nothing for leisure and cultural tourism.

The economic impact for this project is estimated at $135 million. For our $7.5 billion economy that is a less than 2% improvement.

The estimate increase in tax revenues is about $12 million - a mere .8% boost and not enough to cover the $14 million we will redirect from other activities to the convention center.

These low returns on our investment suggest we will not significantly improve our tax base.

Without a significant improvement in our tax base, borrowing $650 million will "crowd-out" borrowing for other things. In order to keep debt ratios at the necessary levels and avoid rating downgrades, we will borrow less for other things. Alternatively, we will ignore debt ratios, continue to borrow for those other things, watch our bond rating drop, pay higher interest rates which in turn means we will borrow less. When we borrow less, the basic infrastructure of our city suffers.

That last concern should be familiar to many public school parents. After the last wave of municipal monument building - the Titan's Stadium and Nashville Arena (both of which as a percentage of debt outstanding were much smaller projects than what we are talking about here) - we borrowed less for schools and they fell apart.

The operation of government is about the allocation of scarce resources. If you do one thing that is one other thing that cannot get done. That is why we as elected officials must look at the allocation of those resources and be certain we are getting the best possible result for each dollar spent. I do not find 1% or 2% improvements compelling and based on a recent WSMV poll neither do you.

UPDATE: Former Councilman at large Chris Ferrell wrote this afternoon to point out that after the LP Field and Arena financings, the Council approved a large capital plan for schools. Of the plan that was approved about $100 million was borrowed for schools between 1997 and 1999. About this time also, Metro was placed on Negative Credit Watch for many of the same reasons we are on the naughty list again today. In other words, rating agencies make no value judgements about our capital projects.

This post was meant, in part, as a discussion of debt ratios and their impact on borrowing patterns. I am certain Mayor Dean, like his two predecessors considers school funding a top priority. But rating agencies and bond investors being what they are do not care about our vision as a city. They care about debt burdens and tax rates and revenue streams. Sometimes, like it or not, those things are just not compatible.

Goldman's Proposed Financing Structure - Part 2

2009-12-20T16:14:00.005-06:00

Back in November I did this analysis of what was then the preliminary financing structure for the convention center. A few weeks ago we got the final preliminary financing structure and it turned out as expected. Taxpayers co-sign the majority of debt and stand ready to make up shortfalls using what are called non-tax revenues.

Also, as expected, the administration produced a feasibility study by HVS (complete with math errors) that predicted taxpayers will never have to be called upon to make good on the debt. The offering document that accompanied the financing program, however, tells a different story. It says stuff like this (emphasis added):

Although the Issuer believes that the expectations reflected in the APPENDIX D • “HVS MARKET STUDY” are reasonable, there is no assurance that those expectations will be achieved. Inevitably, some assumptions used to develop the forecasts will not be realized, and unanticipated events and circumstances may occur. Therefore, the actual results achieved during the forecast period will vary, and the variations may be material.

And this:

The collection of Tourism Tax Revenues in the amounts projected herein (see “HVS MARKET STUDY” herein) is affected by and subject to conditions which may change
in the future to an extent and with effects that cannot be determined at this time, including, without limitation:
· the failure to complete or a delay in completion of the construction of the Convention Center
· the failure to construct or a delay in the construction of a headquarters hotel
· general and local economic conditions that affect the convention industry and/or the Nashville convention market
· competition from other convention centers in
Nashville and in other cities

And this:

The statements contained in this Official Statement, and in any other information provided by the Issuer, that are not
purely historical, are forward-looking statements, including certain statements in “Appendix D – Market Study” and
other statements regarding the Issuer’s expectations, hopes,
intentions, or strategies regarding the future. Readers
should not place undue reliance on forward-looking statements.

While I know that these statements are addressed to investors, they should be heeded by issuers as well. If a buyer of our convention center bonds should not rely on the HVS study to protect their investment neither should my constituents rely on it to protect their general fund.

Budget Woes

2009-11-29T11:05:00.003-06:00

Gail Kerr has a good column today on the challenges Metro faces as we put together FY11's budget. Not that any of this is news. To his credit, the Finance Director issued a similar warning to the Council this past spring which I discussed a bit at the end of this post.

Missing from Gail's analysis is the outcome of the convention center debate. If the convention center is approved, it very likely rules out a property tax increase. We can talk til we are blue in the face about how the revenues for the proposed convention center can only be used for a convention center. In addition to turning blue we will also be lying because many of the taxes (2% of HOT and redirected sales taxes which make up the majority of the earmarked revenues) can and/or are being used for something else. In addition to turning blue and lying we would also be misleading because we can and have changed state law to expand the permitted uses of of these taxes. The most recent example of this sort of change is when we created the Convention Center Authority. In the same bill we also expanded the use of the 1% Tourist Related Activities money to include financing a convention center. We tried and failed to expand the use the 2% Direct Promotion of Tourism to also include financing the convention center. That effort was stopped when someone discovered we would be killing the CVB's funding. None of these facts will matter because regardless of the limitations - real or perceived - of state law, the public will believe that the property tax increase was directly related to the construction of the convention center.

The possibilities for a sales tax increase are equally remote for the same reason. Increasing sales taxes will require a public vote and that day at the ballot box could easily turn into a referendum on the convention center.

The convention center demonstrates an "all-our'eggs-in-one-basket" approach that could turn our other obligations to our employees, our city services, our education system into after-thoughts that become victims of political backlash.

Another Convention Center Report

2009-11-19T13:08:00.003-06:00

We had a nice little last minute meeting on the convention center yesterday. This was meant to hear from the "independent" analyst, HVS consulting. The meeting was not as productive as it could have been because the power point was presented in hard copy form just before the meeting. So, all questions had to be developed on the fly. Not a great way to serve the interests of the public but I did my best to wing it.

Here are a few fun facts presented.

1. Nashville is wonderful.
2. A new convention center will improve the level of visitation.
3. On an operating basis, the convention center will lose money.
4. A hotel is critical for the success of the funding streams. Without it we would have to review everything.

We already knew Nashville was a great place. We live here and probably know that better than Mr. Hazinski from HVS.

The convention center will improve visitation but not a lot. In 2003, KPMG did an audit of our existing center. At that time, we had about 170,000 convention and trade show visitors. Mr. Hazinski estimates that after spending $1 billion we will raise that number from 170,000 to 209,000 AFTER 5 YEARS. That is right folks. We will spend $25,000 for each new conventioneer. At least we aren't claiming there will be 1,000,000 new visitors.

No one ever expects a convention center to make money so in some ways, this study is a very modest improvement. The Charles Johnson study indicated that we would make money. That was too much of a stretch so they now say there will be a modest loss AFTER 5 YEARS. Well, Mr. Hazinski was quick to point out that without a parking revenue number provided to him from another consultant whose math he did not verify, the loss would be about $5 million a year AFTER 5 YEARS.

Not in his presentation but part of the Q & A, HVS told us that the new center will generate about 370,000 new room nights AFTER 5 YEARS. That breaks down into about 125,000 to 185,000 new visitors. Mr Hazinski said we currently sell about 8 million room nights in Davidson Co. So, his estimates are that we will improve our visitation numbers by about 4%.

But the magic of convention center consultants never ceases. In the face of this modest 4% increase in room nights attested to by HVS, they are nonetheless suggesting that the $2 convention center fee (a great measure of demand) will increase 20% in the first 5 years. The HOT taxes (a measure of demand and room rates) will increase 45%.

Also of interest is the fact that all forcasting is done after 5 years. Given that the next decade (Gov Bredesen's estimate not mine) will be some of the toughest years for state and local government in a pretty long time, if those 5 years don't go well, we could find that this project makes a bad situation worse.

Taking Risks

2009-11-13T08:14:00.003-06:00

I have heard twice in the last week or so that the fact that our convention center will need a general fund pledge and/or that we cannot attract private financing for a convention center hotel does not impeach the feasibility of the project. The first time was in a conversation with a CVB board member and the other was in today's newspaper.

Fundamental to financing anything - a car, a boat, a house, a hotel and a convention center - is the question of risk. How much is there? Who takes it? What will I get paid for the risk? How can the risk be reduced?

In the case of the convention center, the Goldman Sachs preliminary financing structures clearly articulate how much risk professional investors are willing to take. They seem to think that the hotel and tourism revenues will only support about $200 million in debt. For the rest of the purchase price - about $400 million - risk must be transferred to someone else. In the case of the convention center, the someone else is the Metro general fund.

The hotel "best and final offer" demonstrates a similar amount of risk aversion. The offer from the hotel manager/development combo of Marriott/Phelps Portman indicates that they would put up about $9 million in private money and make some limited guarantees for debt service. In return they get 3% of the gross revenues. In other words, they are reducing their risk to a level they find business-worthy and are not willing to assume full responsibility for the profit and loss of the enterprise. With the hotel manager/developer unwilling to take risk, someone must be found to whom we can transfer it.

Before 2008, there were professional risk takers called bond insurance companies. In fact the current convention center hotel used municipal bonds that were backed solely by the revenues of the hotel. That security was deemed too risky for professional investors so AMBAC insurance provided the necessary guarantee. It was good that they did because, if memory serves me, the hotel went into default and AMBAC had to make good on the debt.

Many professional risk takers have now evaporated. Why? Because they took too much risk. Many bond insurance companies that could be relied on to assume the risk are now not credit-worthy. Those that remain, like Warren Buffett's company are only insuring bonds with limited risk like water and sewer, electricity, general government, etc.

A convention center and a hotel are now for the most part deemed too risky for professional investors. They are unwilling to invest because they see the possibility that they may lose all or some of their money. The reason they would lose all or some of their investment is because the project will not produce the necessary revenues to support operations and debt service without some sort of external support. So, in order to be induced to invest in a convention center and hotel, they will require a transfer of the risk from the investor to someone else. The fact that a project like this cannot support itself makes it, by definition, not feasible.

We do lots of things in government that do not pay for themselves - parks, libraries, police, fire - so feasibility is not the final test of whether or not a project gets done. But let's not pretend that something will make money when professional investors in their corner offices in New York, Boston and Chicago have told us otherwise.

Goldman's Proposed Financing Structures - Part 1

2009-11-03T07:30:00.010-06:00

Yesterday the Vice Mayor sent to the Council two presentations from the October 29th Convention Center Authority meeting. One came from the good people at Goldman Sachs who we have hired to underwrite the bonds for the Convention Center and Hotel.

Let's leave aside the question of why a group of unelected people (save the Vice Mayor) now have more information about possible financing structures than the folks responsible for approving it and look closely at Goldman's information.

There appear to be two approaches. The first approach is traditional tax exempt debt. The second approach is a mixture of tax exempt debt and something called "Build America Bonds." Build America Bonds are issued under a federal program that allows the local government to issue taxable bonds which normally bear an interest rate 30-40% higher than tax-exempt bonds. The federal government then returns to the local government the difference between the typical taxable rate and the tax free rate - or 35% of the interest cost. The federal government does not guarantee the debt nor does it pay for the project.

Whether we use Build America Bonds or traditional tax-exempt debt, the proposed structure looks similar. Goldman is suggesting that there be two types of bonds - let's call them Senior and Junior. Senior will have claim to all revenues earmarked for the project and will get paid before anyone else except for the operations of the building. To review, those revenues are:

3% of the 6% County-wide Hotel Occupancy Tax ( about $14 million a year but falling)
$2.00 County-wide convention center fee (about $9 million a year)
1% County-wide rental car fee (about $1 million)
$2.00 Airport Ground Transportation Tax ($365,000)
All redirected sales tax from the Tourist Development Zone (your guess is as good as mine)
All redirected sales taxes from the MCC campus (which definition is likely to include the convention center, the HQ hotel and another hotel - presumably the Renaissance)

Junior will only get paid for his bonds after Senior has his money. Because that puts Junior in a pretty precarious position were the revenues to come up short, Goldman is recommending a general fund pledge. Since state law prohibits the direct use of property taxes and the administration has promised not to use sales taxes, the part of the general fund being targeted are what we call "non-tax revenues."

Non-tax revenues make up about 9% of total revenue for Metro. It is collected from builders and developers in the form of permit fees. From homeowners in the form of alarm registration fees and fines levied for all sorts of stuff. We use the money for general government operations like fire, police, codes, zoning, etc.

Non-tax revenues are also pledged to the Sports Authority for LP Field and a Predator's associated bond issue. So, Junior will only get his money from these revenues after the Sports Authority. For the record, I do not think that the Sports Authority has ever used these non-tax revenues to pay bond holders but we are talking about much smaller amounts of money. Total Sports Authority debt secured by non-tax revenues is, I believe, a little less than $100 million. Goldman estimates that about $128 million will be available for Convention Center debt service.

If I am understanding Goldman's presentation, Senior will require something called 2 times coverage. Coverage is a bond term that refers to how much revenue you have versus how much debt service you pay. So, if your debt service for a year is $12 million, then 2 times coverage means you want to be taking in $24 million a year in revenue. Interestingly, total revenue available from known collections (excluding prospective collections of the TDZ and MCC campus) of tourist related taxes is about $24. Goldman appears to be suggesting that Senior will want 2x coverage today and is assuming no growth in collections over time. If that is the case, senior is only willing to assume risk for the project using numbers he knows today. He isn't going to depend on growth projections or the success of the project.

In some respects, Junior is a bit more of a gambler. He will only want 1 times coverage - meaning the the amount of revenue we collect will be equal to the amount of principle and interest we will pay him. Junior is also ok with using growth projections to get to that 1x coverage. But he isn't stupid. Junior needs a back up plan and that plan is the general fund pledge. So, if the project doesn't turn out like he thinks it will, he will require Metro to dig into the general fund to pay him.

Depending on which approach is used, total principle and interest owed bond holders will be between $39 and $45 million. With only about $24 million in known collections, this means that growth in existing and prospective collections from the TDZ and the MCC will need to be between $15 and $21 million a year . Just to put the MCC sales tax collection number in context, the estimated sales tax collections (7.75%) at the current convention center are estimated at about $800,000 (source: Johnson Consulting). Sales tax collections from the current Renaissance Hotel are estimated at $3.2 million (source: Johnson Consulting).

It appears that the bond issue will be structured to defer retirement of debt from the early years 2013-2015 to the later years, 2016-2043. This deferral will allow more time for those prospective revenues to grow but they are still going to have to move steeply up the curve -almost doubling in 4 years.

Here are a couple things to keep in mind as this proposal unfolds:

WHAT ABOUT THE HOTEL?

If all the existing and prospective taxes are going to pay for the convention center, how will the hotel be funded? At the meeting in September, Goldman all but ruled out private capital. The most skin Marriott/Phelps Portman appears willing to put in the game is about $10 million in "key money." Is the plan to get Nashville pregnant with a convention center so we have to approved a hotel that is supported mostly or entirely by the general fund? That was the plan in Knoxville. Voters caught on and took it to a referendum and won. But the prospective revenues presume a 1,000 room HQ hotel. Who will buy the convention center bonds with such a big missing piece? Or perhaps we should just wait and the hotel financing will be presented at the next convention center authority meeting.

Reserve funds protect bond holders not the city.

In Dallas, the public apparently thought that reserve funds would protect their general fund in case their new hotel project went bad. What no one told them until after the deal was inked is that if a city needs to tap its reserve funds to pay bondholders, there is a requirement that those reserves be replaced - sometimes within 30 days. In Dallas, the replacement money will come from the General Fund.

Capitalized Interest in a neat trick to make sure there are no bad news stories for the first few years.

Capitalized Interest is actually an accepted tool whereby you over-borrow, put the excess in the bank and use it to pay bondholders while the project is being constructed and hence, not making any revenue. One Goldman term sheet I saw, has that over-borrowing paying the bills until 2016. I will let you figure out why they chose 2016.

Revenue projections rarely meet expectations - especially when there is some sort of general fund pledge.

Because there is likely to be a general fund pledge for the majority of this project, the professional bond investors are not going to care what the projections are. They know Nashville's credit is good and they will look to that to pay them if the project hits the skids. So, the projections are really more a political tool than a financing tool. The projections are to make elected officials feel like they can vote for the project because the professionals have assured them everything will be fine. If it turns out everything is not fine, elected officials can then blame the professionals for their poor projections.

Without a general fund pledge, the checks and balances of the market work much better. The professional bond investors would then carefully scrutinize the projections, do their own analysis and decide if the investment was sound.

Finally, as you review the financing always remember what Warren Buffet said: "If you want a really short career became a convention center consultant that recommends against building a convention center."

As always, call me if you have any questions.

When worlds collide

2009-10-04T19:02:00.004-05:00

I woke this morning to find myself in agreement with Phil Valentine. I cannot say it was the first time as I am not an avid reader of his column. If he keeps making the sense he made today, it won't be the last.

Phil made hay with the municipal bond world's term for making cities co-sign risky bond deals. The industry refers to such arrangements - which are largely designed to avoid a full faith pledge and hence a referendum - as moral obligations. A moral obligation is essentially a full faith and credit guarantee in all but name. A city that defaults on a full faith pledge or a moral obligation will face the same penalties; limited access to capital markets, besmirched credit and the taint of financial mismanagement.

While I liked Phil's point about how our moral obligation is to our taxpayers what I liked more was what he said about other uses of our tourism dollars. We are losing focus on what makes Nashville a tourist desination. Is building a box that could be in any city in the country so we can house dentists and school administrators, serve them the slippery chicken dinner and shuttle them back to the airport so they can get reunite with their families really the answer? Are there truly no other options? No music festivals, Bar B Que contests, heritage music events, head races or triathalons? Just a glass box, that's our answer. Not very creative for a city that is home to some of the world's most original people.

Senator Douglas Henry

2009-09-29T09:50:00.004-05:00

I learned today that Senator Henry has a challenger in the next election. I rarely get into partisan politics and elections other than my own. But, before all the "he's old and needs to be retired" talk starts, I would like to weigh in and tell you a few things about my experience working with him.

This spring, the state of Tennessee was embroiled in scandal because it had allowed local governments to use sophisticated financing tools called derivatives. That fracas landed us on the front page of the New York Times. Later Brad Schrade from the Tennessean wrote about the practices of something called the Tennessee Municipal Bond Fund which had over-billed local governments millions of dollars. The Comptroller of Tennessee responded to these events by bringing higher standards to local government debt management practices.

Senator Henry and I had a number of conversations about how the lax borrowing practices of local governments were affecting Nashville as well as other cities and counties across the state. What I learned from those conversations is this:

1. Senator Henry is old and I doubt he will dispute that.
2. Senator Henry has a keen grasp of government finance and debt practices.
3. Senator Henry has forgotten more than what most people will ever know about Tennessee's budget and finance.

Naturally, I am biased in favor my constituents - of which Senator Henry is one. But before we start talking about how old he is let's also find some time to talk about what he knows and how he serves the people of Tennessee.

For half a million bucks, you'd think we could get a decent pie chart

2009-08-09T10:01:00.017-05:00

As I have said before, I really hate it when I see charts and graphs that don't name their source.

I was was wandering through the website for the un-built and un-financed new convention center to see what the nice men and women who own and operate hotels in this county got for their money.

And this caught my eye:

Mmmmm. 73%? Really?

For a fleeting moment, I tried to imagine where these numbers came from. It was too graphic a mental image so I fled to the safety and sanity of Metro's 2008 CAFR. For those of you who are not budget wonks, the CAFR is our audited financials

The CAFR also has a pie chart. But it is different. (Because it is not in a form that will upload to Blogspot, I have replicated it. You are free to see the original here.)

I am pretty sure I know what they meant to say with the taxpayer funded pie chart. If you confine your analysis of our revenues to just property taxes and sales taxes, then yes, property taxes account for about 73% of the total. If you are the average person, you may not know that we get a bunch of money from the state and federal government. You probably also do not know that we get a bunch of money through sale of services like permit and zoning application fees. So, if you were the average person and you saw that pie chart your reaction would likely to be:

Holy Toledo! We better build a convention center so my property taxes won't go up!

Everyday, this government should try to do everything it can to keep taxes low. We need to look for ways to see that our revenue streams stay diverse and healthy. But, if you are inclined to support the construction of a convention center and hotel that will take the debt in this city from $1.7 billion to $2.7 billion, please do it with objective facts presented by disinterested sources. Those facts are these:

Property taxes make up about 41% of our revenue. Sales and other taxes make up about 25%. The rest of our $1.5 billion budget comes from a diverse and fairly dependable blend of federal and state money and fees and fines.

Hotel and Tourism taxes in Nashville amount to about $30 million a year. This amount represents about 2% of all revenue and 6% of sales and other tax receipts

And feel free to send my pie chart to MDHA, fee of charge.

Update: H/T Kay Brooks for providing a more colorful and legible pie chart. I removed mine and inserted hers above. Thanks Kay!

Disgruntled? Who me?

2009-08-07T08:40:00.003-05:00

I woke up this morning, got a cup of tea that sweetie had thoughtfully made, and settled in with the morning paper. The Tennessean had a pretty thorough story on MDHA/Metro's (mis) management of the Convention Center development. At issue, in case you haven't been following it, is a contract with a public relations firm that billed the city a shocking $450,000. I won't belabor the debate because you can read and see it here, here, here and here.

Up until this point, I think the issue has centered on Metro's responsibilities to define and manage the contract and services. Metro's management of the contract was so poor that the taxpayers (and yes, people who own hotels and rental car companies are, in fact, taxpayers) footed the bill for lobbying their own legislative body and creating the illusion that there was this groundswell of popular support for the project.

In the Tennessean article we crossed over from taxpayer funded lobbying to taxpayer funded name calling.

A few unhappy council members are fueling the controversy, Pigott said. "Most of
the issues are bogus," Pigott said. "The majority of the council is overwhelmingly supportive. I don't see this as a firestorm of controversy throughout the council. It's a couple of disgruntled council members grasping for issues."

Gentle reader and constituent, I am not sure what you call asking questions, demanding accountability for government spending, and providing the oversight that one normally would expect from a legislative body. Some apparently call that being disgruntled. I call it constituent service.

Let me know if you have any questions.

Yeah! Metro Schools move to improving status!

2009-07-25T13:57:00.007-05:00

On Wednesday morning the much anticipated results of No Child Left Behind directed testing were released. To the surprise of the purveyors of convention wisdom, Metro did not fail. So, instead of heading for "alternate governance" Metro is now identified as an improving system.

I have to admit, I wasn't all that surprised. Metro had made some progress last year but fell just short. With the addition of Jesse Register and the election of David Fox to School Board chairman, there has emerged a new level of professionalism and urgency. As one board member put it "we have stopped talked about 'change' and started talking about excellence."

Jesse Register, you might recall was treated by the press like last night's cold leftovers when he took the job of Director of Schools. Even parents I know were a bit lukewarm to the choice. Their attitude was understandable as pretty much everyone had grown impatient with Metro Schools' performance.

To some criticism, Dr. Register has cautioned against this impatience. Organizations - and I don't care if we are talking about business or government - don't change overnight and when they do it is usually for the worse. It takes slow, methodical planning and implementation to change a system. It takes leadership to put the right people in the right jobs and explain to them what is expected. And it takes courage to hold those people accountable for their results. Change to our school system, as David Fox put it, is just not a matter of four or five clever ideas. Change is a long term, profound effort that will raise the expectations teachers have for their students, teachers have for each other and parents have for all of them.

Happily, these same parents that were expressing reservations now refer to Dr. Register as a breath of fresh air. Sadly, the Mayor's office appears to be lagging somewhat in developing the same attitude. What should have been cause for a hearty round of applause instead engendered a tepid statement about how we needed to avoid complacency. Pat Nolan provides a good analysis of this bizarre response that failed to even mention Dr. Register or the school board.

So, to all the parents, students, teachers, principals: Way to go! Thanks for all your hard work! We can't wait to see what great things you will accomplish next year! Keep it up! We are counting on you! We know you can do more and make us proud!

To the school administrators and School Board: Way to go! Thanks for your leadership! We expect more next year!

Now, back to work.

More May(be) Town Myths

2009-06-29T14:17:00.007-05:00

There is a time honored tradition in politics to use fear as a strategy to get what you want. Sometimes fear is an appropriate response. Sometimes it isn't. The developers of May(be) Town Center have tried not to disappoint in this regard by creating something that goes bump in our economic night. What scares us so? Why Williamson County, of course. It isn't actually a county to our south. No, Williamson County, according to May Town Center folks is nothing less than an economic tsunami that threatens our future.

We looked at some of Williamson County's growth numbers yesterday and it appears the truth is not quite so threatening. In fact, it appears much of old WilCo's growth can be accounted for by increases in residential and farm values. One can probably assume all that residential land is populated by people who work in Williamson, Rutherford and, yes, even Davidson County.

Today I got stats from the wonderful folks at the Davidson County Assessor's Office. Seems like things haven't been too shabby here in Nashville either. Between 1994 and 2008, Davidson County's assessed valuation went from $7.784 billion to $16.479 billion - about 111%. Of the $8.694 billion in increased valuation, $5.130 billion or 59% is attributable to our residential and farm growth. Not as much as Williamson County's 70% - but still pretty strong.

Ironicially, our commercial and industrial tax base accounted for 34% of the total growth. That is 10% more than Williamson County. In fact, Davidson County's commercial/industrial tax base grew 89% from 1994 to 2008. Williamson County's percentage growth rate is higher at 400% but you tend to find those kind of percentages when you are working with small numbers. Williamson County's commercial tax base is still just 24% of Nashville's.

I am not saying we don't need to keeping working on those things that attract employers to our county. We do. But our formula since 1994 has been to focus on those things we are good at and make us unique. We are not Cool Springs and they are not us.

Maybe Town - Separating Myth from Reality

2009-06-28T10:41:00.004-05:00

Nothing says "I am right, so don't argue with me" like a colorful bar chart. Maybe it is the Irish in me but I get a little nervous when someone hands me a report, or graph or bar chart and they fail to mention where they got the data. Makes me think they just don't want anyone to look too hard.

Such is the case, in part, with the New York City sized telephone book of marketing materials Council members received from the May Town Center developers. It has a few handy documents like the SP zoning application and a Brookings Study. But it also has a bar chart comparing Williamson County's tax base growth with Davidson County's.

We need to do the best possible job we can attracting and retaining employers but I have always found the argument that Williamson County was stealing our tax base to be a little misleading. A friend of mine says it is sort of like comparing the growth of your 18 year old with a 3 year old. Given that skepticism, I wanted to take a closer look at the question of tax base growth.

The bar chart does not cite a source so I pulled up some old financials on Williamson Co. Sure enough, for Fiscal Year 1994 (see page 26 of pdf), Williamson County had $1.472 billion in assessed valuation. Of that amount, $966 million was residential and farm and $307 million was commercial and industrial. At the end of FY08 (see page 47 of pdf), total assessed valuation for the WilCo was $6.630 billion. So, Williamson County's tax base grew $5.158 billion in 15 years. This is where the May Town developers want you to be so scared you will agree that the sacrifice of Bells Bend will be worth it. My Lord, our very existence depends on it.

But does it? Of this $5.158 billion, $3.651 billion was a result of growth in residential and farm assessments. That's right, 70% of the growth in Williamson County's tax base is attributable to home and raw land values. The growth in commercial and industrial assessments accounts for $1.261 billion during the 15 year period or about 24% of the total. Their growth in the commercial area is certainly significant but not to the degree that May Town developers would like you to believe.

Of course, I doubt you would find Williamson County's theft of our subdivisions to be that terrifying.

Letters from Antioch and Hermitage and...

2009-06-27T08:53:00.003-05:00

As I noted in my previous post, people turned out to support the Bells Bend/Scottsboro neighbors from all over the city. In today's Tennesseen is a wonderful letter from a woman in Antioch giving us a glimpse of Bells Bend's future if May Town and its super sized infrastructure are allowed in. The ever fabulous Susan Floyd of the Donelson Hermitage Neighborhood Association noted her community's support for Bells Bend and the community planning process on Enclave.

Every day we get a few letters in support of the Bells Bend Neighbors. As with the planning meeting itself, people from all over the county are speaking out and they express like nothing I have seen in a very long time a vision for Nashville. We want to grow and change and be a successful city but we aren't willing to do that at the expense of what makes us special. We don't want to be Cool Springs.

So, for the time being I have added to this here blog a new feature. Everytime I hear from some corner of Nashville, I will note from whence it came. This feature shall be called the NIMBY roll in honor of witty 23rd resident Sally W who redefined that acronym.

Drum roll...I mean NIMBY roll please!

Planning Commission Turns May Town into Maybe Town

2009-06-26T10:05:00.004-05:00

Something really great happened last night. It wasn't that the Planning Commission disapproved the May Town Center request - although that was pretty cool. It was the way so many people from so many parts of the city drove out to a little office building by the airport and stood around for hours waiting to weigh in on a project that in some cases was miles from their homes. And in other cases it was right in their back yard.

There were people from Germantown, East Nashville, Donelson, Downtown, West Nashville, Bordeaux and Green Hills. In a real "pay it forward" moment, I listened to one Bordeaux resident tell me about how supportive the Scottsboro/Bells Bend neighbors had been in the fight against the landfill. Now it was his turn to help.

Folks came for all sorts of reasons. Some were concerned about the community planning process. Some wanted to fight for preservation of a beautiful rural landscape. Some had worries about the fiscal and community services impact.

In the end they made a policy statement of what we should be - a city that preserves its rural character and promotes its core - and what we should not - Cool Springs. One resident of the 23rd District has dubbed the policy NIMBY - Nashville Is My Back Yard.

Pretty neat.

May Town II - The Planning staff report on rezoning request

2009-06-19T13:38:00.007-05:00

For those of you who aren't planning and zoning geeks, rezoning requests are supposed to be approved or disapproved based on their compatibility with the area's land use plan. As we noted in the last post, the May Town developers and property owners are seeking both a change in the land use policy and a rezoning. If the Planning Commission follows its normal protocol, the re-zoning will be disapproved if the land use policy amendment is disapproved. Similarly, the re-zoning will be approved if the land use policy amendment is approved.

If the Planning Commission approves the land use policy amendment, it will be the most radical plan amendment ever adopted. The plan amendment will change the use of much of the land from the least intense to the most intense. The adoption of the proposed plan amendment will also signal a disturbing departure from community driven, consensus based planning in favor of a balkanization of policy along property lines.

The rezoning request is the reason for the land use policy change and staff has issued a 48 page report. Their argument in favor of the development rests on two points; it is good for economic development and the sacrifice of some land is worth it because we get to save other land.

Since economics are a personal interest of mine ('though I can recall a few professors who would beg to differ) we shall start there.

Economic Development -

Staff thinks May Town Center will be great for economic development because it won't hurt downtown and it will make it easier to steal business relocation from other counties. They reach this conclusion by relying on CBER's recent economic report and citing a number of sources including the Nashville City Paper and Tennessean articles. (I am a huge fan of both papers and read them everyday, but they are designed for general readership and normally would not be relied on for economic analysis. Staff's use of this anecdotal evidence is like relying on People magazine for evaluating an investment in Walt Disney Co or MGM.)

The CBER report is a thorough and professional document that has one very significant limitation. The authors of the report caution the reader:

However, this report is not a feasibility study for MTC; rather we analyze the effects of MTC on Davidson County based on the assumption that the development over time will approximate current plans.

Yet, this extraordinary caveat gets no mention in the staff report. Instead they assure us of significant economic impact as if it were a inevitable.

Most startling to me is the perpetuation of a myth that the development of land (by anyone other than the government) will yield economic and business activity. The basis for this assumption is that if only we had large tracts of developable land, we would have businesses massing at county line ready to move in the moment we turn on the faux French Provincial fountains.

If all is takes is the availability of large tracts of suburban land necessary to accommodate the big footprint of your typical corporate campus, then we should see headquarters locations spreading like kudzu in Robertson, Wilson, Dickson and Cheatham Counties, right?. But, we don't do we? No, the most desirable tenants seem to gravitate to Williamson County.

There is no question that we lose business to Williamson County. But can really pin all of that on the absence of available land in Davidson Co? It isn't Williamson Co's school system? It isn't the solid upper middle class demographic that draws employers and retailers? It isn't the large single family housing stock largely controlled by HOA restrictions? It isn't the properly funded and maintained park system? It isn't a well managed government and respected elected officials? It's not the existence of transportation and utility infrastructure?

Staff's blind acceptance of a flimsy economic theory may have grave consequences to the taxpayers of Davidson County. All the infrastructure must be built first - the roads, water and sewer, bridges, power grid - and it has to be built on a scale necessary to accommodate much, if not all, of the development. If, after constructing this infrastructure, the developer discovers that no one wants to live, shop or work in May Town, there will be ongoing maintenance expense with no increase in revenue from tax and rate payers. Put another way, Metro, NES and Metro Water Services will still have to care for the additional infrastructure regardless of whether May Town Center yields new customers. If no one moves to May Town, existing customers and taxpayers will have to pick up the slack.

Staff then goes on to discuss why other locations may not be as appropriate for large scale suburban corporate campuses. They set out all the pros and cons but interestingly fail to mention the similar attributes for May Town Center. For example, the East Bank is limited because of brownfields which create costs associated with mitigation. May Town sits on a number of archaeological sites and will have intense environmental review for bridge construction. The McCrory Creek area was excused because it is in the flight path for an airport. So is May Town. The absence of "executive" housing was cited as a limitation on several locations. There is no mention of where that executive housing will be for May Town but I am going to take a guess that it will be in West Meade, Hillwood, Green Hills, Richland/Central, Whitland and Belle Meade. None of which are terrible accessible without construction of bridge #3. After reading this section, anyone with critical facilities will conclude that the May Town site has very little to offer over the other locations except size.

Land Conservation - By focusing land use to 600 of the 1500 acres, the May Town plan does preserve about 900 acres to greater and less degrees. About 300 acres of this land will be spread throughout the development in the form of civic spaces, local parks, office campus green space-conservation in only the strictest sense of the word. It will not replicate or preserve the character of the area and won't be terribly different from the open space that might normally be required for a major development.

About 400 acres in the floodway and floodplain of the Cumberland River will be set aside. Nashville prohibits development in the floodway already and limits floodplain development to 50% so this is not as big a sacrifice as you might think. But, I give everyone credit for the 50% of floodplain that might otherwise see bulldozers.

Falling between these two extremes is the Natural Conservation area of 200 acres that will accommodate up to 6 "estate" homes. Without permanent easements, this area will be subdivided and intensified over time if the infrastructure is built and the May Town project successful.

One of the conditions of the rezoning is the initiation of two programs meant to preserve the rural character of other people's land. These programs will serve to implement that land use policy I have already noted is unfair in the way it is designed to keep some folks farming while other folks get to develop their land. So, if May Town is successful or expected to be successful, then it is going to be pretty difficult to talk a property owner into giving up their right to develop in a similar fashion "Hi, Mr Jones, you can probably get $100,000 a year forever for a Mapco ground lease on your land there on Old Hickory Blvd but wouldn't you rather $10,000 right now for an easement so we can make sure you never have a Mapco?" I don't know who is going to ask that question but I would really like to be there when it happens. If May Town is not successful then there isn't much reason for Mr. Jones to give up his rights and he'll probably just sit tight and wait and see.

All told the staff report presents little in the way of a solid defense of May Town in terms of sound planning that is supported by community consensus. I think we all know and understand that there is a property owner that over-paid for land for which he had limited legal use. I understand and appreciated the difficult position in which he finds himself but I cannot see how his plight leads us to the conclusion that it May Town Center.

As always, don't hesitate to call or write if you have questions.

May Town Center I- The Planning Commission Staff Report

2009-06-18T08:13:00.005-05:00

This is the first of two analysis of the Planning Department's staff reports on the May Town Center. This first analysis deals only with the land use policy change. I put it first because it is the most important and significant of the two. If it is approved and the re-zoning is rejected, we shall continue to see more land use battles as the developer and property owner seek to find some project they can get approved. Makes me tired just thinking about it. If this plan amendment is disapproved it shall put to rest the debate.

Staff recommends that the MPC adopt a land use plan that allows the development of May Town Center. All other land use policies in the Scottsboro/Bells Bend area will remain rural in character. The reason given for these wildly divergent policies in one small area is that it strikes a balance between land conservation and economic development.

There is little in the way of hard data in this report to support the staff's contention that May Town Center will bring "new businesses, jobs and increased revenues." We will find some of that in the rezoning report. More on that later but let me preview it by telling you that economic development does not follow real estate development. It's the other way around. When real estate development gets out in front of business and economic activity we have what is traditionally referred to that as a bubble. (See Panic of 1837, housing markets of 1920's, 2000's)

The land conservation policy for those areas outside of the May Town footprint is doomed for failure and is fundamentally unfair. If I may paraphrase the report it basically says that the developers and property owners of May Town - whoever that may ultimately be - get to make piles of money but everyone else gets to stick to farming.

We may buy into this "compromise" today. But, Council and the Planning Commission are traditionally very fair people. So, a few weeks or months or years down the road, those folks that are tired of farming will ask to change the policy and rezone for a Mapco or a little strip center or something else so they too can make piles of money. And we will agree.

Ahh, but the Planning Staff will say "Pshaw! that farmer can do that today." Indeed he could, but he would find few people interested in stopping at his Mapco for coffee and a newspaper because right now there just aren't a lot of people to do so. So, our farmer will quickly conclude that farming is less risky and more profitable than a building that isn't likely to have a tenant. If something really big is built down the road, his calculus will change significantly. Risk may be lower because the possibility exists that more people will be driving by his Mapco. Reward may be higher because many of them will need a cup of coffee after driving from Ashland City.

"Hogwash! the steep slopes and floodplain will make it hard to develop" the Planning staff shall declare apparently because they have not been to Green Hills or Bellevue lately. Development of less desirable land (floodplain, floodway, steep slopes, next to TVA transmission lines, etc) doesn't happen unless the economic value of the use exceeds by a significant amount the cost of mitigating the undesirable feature. So, the Reserve in Bellevue cut down an entire hillside to accommodate a multifamily development. Just around the corner from me a high end condo project is slated for construction in the Richland Creek floodplain. It will be erected in concrete piers so that when it floods, the water will wash under and around the building. None of these developments would happen but for the fact that the value of the use and the profit to be made can acommodate the significant costs to mitigate the site's problems.

Today, Scottsboro and Bells Bend property owners probably see little reason to alter the landscape with the engineering that might be required because the cost of doing so makes no sense. Now, if something really big happens to get built down the road, the economics change and all that engineering might become more viable.

Now, I tend to think that May Town Center is the last gasp of a Gilded Age, Fin de Siecle era and is not likely to begin anytime soon. But if and when we return to an era of large scale suburban development, the arguments are likely to be the same. Unfair just doesn't go away that easily.

The Budget

2009-06-11T20:12:00.006-05:00

I have tried to make it a habit to dissect the budget proposals of each Metro department and provide a report. This year with so much going - May Town Center, Convention Center, West Nashville Community Plan - I have not found the time to write as much as I would like. So, with an apology here is a general overview with some detail on the major departments.

Property Taxes - The rate will be set at the "certified" level of $4.10 per $100 of assessed value (25% of market value for residential) in the USD and $3.54 in the GSD. This rate represents a reduction from $4.69 in the USD and $4.04 in the GSD. The certified rate is designed to generate no more property tax collections than before your property was re-appraised in January. Yes, that means on a case-by-case basis, your taxes may have gone up if the value of your property exceeded the city-wide average. Since property values increased about 19% in the 23rd district and 15% overall, I expect most of us (including Sweetie and I!) will be paying more taxes due to the re-appraisal. The tax rate has declined, however, and there will be no additional property tax revenue for government services.

Revenue - All told, revenue from all sources is expected to be about $1,490,766,000, a decrease of about 2% from FY09. The decrease in revenue is largely accounted for by an anticipated drop in local option sales tax and permit fee revenue. Interestingly, spending is only dropping about 1.8%. The difference is made up through the appropriation of reserve funds. This year we are balancing the budget with about $36 million in reserves. Last year, we spent $31 million in reserves which means we have depleted our General, General Debt Service and School fund balances to some of the lowest levels we have seen in quite some time. Compounding the problem is that FY09 estimates for these funds have fallen short.

Before we start on appropriations a word of caution. This analysis compares budget ordinances for FY09 and FY10. It is important to remember that what a department actually spent may be different from what was appropriated.

General Government - This category includes stuff like employee benefits, insurance, and contingency that are largely administered by the Finance Department. It also includes areas like the Mayor, Council, Metro Clerk, Election Commission, Law Department, Planning Department. This year's appropriation is recommended at $163 million, an increase of about 1.8%. Your devoted Council representative would like to use this opportunity to point out that the Metro Council office has roughly the same number of employees (counting each Councilmember) as the Mayor's office but operates on a budget of almost 1/2 - which tells you that we either have a very dim view of the balance of powers or Council is a great taxpayer value.

Fiscal Administration - This area includes the Finance Department, Property Assessor, Internal Audit, etc. This year's appropriation is proposed to be $23 million, a reduction of about $2.6 million of 10%.

Administration of Justice - This area includes the District Attorney, Public Defender, the various trials courts and the Justice Information System. The budget ordinance includes an appropriation of $55.8 million, a decrease from $58 million or 3.8% since FY09.

Law Enforcement and Care of Prisoners - Cops and Robbers - will get $196 million down 1.5% from FY09. It bears mentioning that it appears a good portion of this reduction will be made up by a $850,000 appropriation from the Hotel and Tourism Fund for Police Special Events Overtime. What cuts do occur will come mostly from the Police department in the form of pay cuts through suspension of longevity pay.

Fire Prevention and Control - Fire protection and EMS will be reduced from $107.3 million to $104.2 million or about 2.8%.

Regulation, Inspection and Economic Development - This area includes a miscellaneous batch of departments like Codes, Transportation Licensing and the Beer Board. It also includes our payments to the Sounds, LP Field debt service, tax increment financing facilitated by MDHA and jobs programs like NCAC. We are reducing this area from $20.3 to $19.5 or about 4%. Most of the cuts are being taken by our rapidly disappearing Codes Department. Certainly with permit fee collections down there is less to do but much of the employment reduction is in front-line inspections and property standards compliance.

Conservation of Natural Resources - This little holdover from the New Deal era costs us $477,000 last year and this year is expected to cost about $407,000. I do think it is a good idea to take this anachronism and transform it into an Office of Sustainability. $150,000 of their appropriation will be used to fund an Office of Sustainability that will implement the Green Ribbon Committee's recommendations. That isn't much money but perhaps it is a start.

Public Welfare - Last year this category cost us $8.8 million and this year should get just over $8 million. An appropriation to MDHA for the homeless will actually increase from $1.150 million to $1.350 million, a whopping 17.8% increase in what is otherwise a very dismal budget year. Taking hits in Public Welfare are Social Services cut 12% and 13% from the Human Relations Commission.

Public Health - This area will see a reduction of 10% - $84 million in FY09 to $76 million in FY10. Taking the biggest hit is the subsidy to General Hospital which will get a reduction of 11% or $5.6 million.

Public Library - The Library will see a reduction of 5% reduction or a little over $1 million. Some hours will be cut.

Recreation, Cultural and Community Support - This area includes Parks, Arts Commission, and some miscellaneous community appropriation like Alignment Nashville and a new program called the After School Initiative. This appropriation dropped $4 million or about 9%. Parks appropriation is reduced $3.4 million or 11%, Arts 6.8% or $1.8 million. Grants to non-profits were reduced $200,000 from $2 million to $1.8 million but all of this reduction was off-set by an appropriation to a new after school program.

Infrastructure and Transportation - There will be $451,000 fewer dollars for streets and transportation this year. But MTA will get $1.8 million more. Public Works, on the other hand will get $21.2 million this year versus $23.2 million last year - an 8% decrease. Helping the Public Works department is the transfer to Metro Water of the street sweeping contract. Street sweeping is required by the state and the EPA under our stormwater permit so moving it to Metro Water makes a good deal of sense.

Schools - Will get precisely the same amount of money this year as last. And I mean precisely. $620,762,100 to be exact.

If you happen to be one who celebrates the reduction in government services as proof that we are "living within our means" or "running government like a business" you are probably pretty happy with this budget. If you are someone who doesn't mind paying taxes (and yes, there appear to be a number of you) you might find all this reduction a bit worrisome. For both of you I would like to point to a few dark clouds on the horizon.

1. This budget, like the last one, relies on a bunch of non-recurring money to prevent deeper cuts than would otherwise be necessary. Even though that money was spent over several years, it will likely have to be replaced with recurring money all at once and all next year. That amount is $67 million.

2. The police have been promised that their longevity pay will return next year. That amount is $3 million.

3. We were able to reduce our pension contribution by about $13 million a couple of years ago because of one hot securities market. We will likely to have to replace that and then some next year. The pension contribution could increase to as much as $20 million next year.

4. Benefits - The costs for employee benefits will go up just like it does for private employers. That amount could be about $10 million.

5. To balance this budget we spent $15 million from the Hotel and Tourism Fund. That is money that will have to be pledged to a new Convention Center if we build one.

6. Metro employees are without a pay plan. If we plan to pay them more in the coming years we will need $5 million a year.

7. Starting last year we were required to estimate and report something called Other Post Retirement Employee Benefits (OPEB) on our financial statements. Nashville has an unfunded liability of about $3 billion.

8. Inflation is raising its ugly head once more. The debt service costs we and other cities have enjoyed are likely to climb significantly.

Buckle up. Might be a rough ride.

As always, please don't hesitate to call or write.

It Ain't What You Don't Know....It's What You Know That Ain't So

2009-06-01T19:53:00.000-05:00

There is no one better than Will Rogers to help one stick their feet firmly in the ground and gain a bit of perspective on pretty much any issue. Never mind that he kinda stole most of his witty remarks from Mark Twain (Randy, are you reading this?) because I consider Rogers and Twain to be some of the best assessors of what is the American political psyche.

It was Twain and Rogers I recalled as I listened yesterday to Dr. Heywood Sanders of the University of Texas at San Antonio and our own Butch Spyridon of the Convention and Visitors Bureau. Professor Sanders remarks were fact based, data specific. Mr. Spyridon did what he does best and what he has been doing for many years which is selling an image and a vision that relies on civic pride with a little bit of municipal exceptionalism.

The convention center proposal was "sold" to the public (if you can say it was sold. The popular support for the project seems a little thin) as a project that would not cost them any money. Indeed, the original convention center was built with general obligation bonds but the hotel and tourism taxes along with a substantial federal UDAG grant were used to pay debt service for about 20 years. So, the pitch was that these taxes that paid for the old center plus some new taxes would be sufficient to finance the new center. For free, the story went, we would get 1,000,000 new visitors who would spend $700 million in Nashville.

If we finance the Convention Center with general obligation bonds whereby we pledge the full faith and credit and a promise to raise property taxes to the extent necessary, annual debt service will be about $39,000,000 a year. ($635 million project, 30 years payment schedule, 4.5% interest rate, level debt service). If we finance the Convention Center with revenue only and explictly exclude any general fund pledges of any kind the annual debt service will be at least $50,000,000 ($635 million, 30 years, 6.5% interest rate, level debt)

According to a KPMG report (dated March 2007) forcasted revenues using a low growth scenario will not reach $39,000,000 until year 9 and won't reach $50,000,000 until about year 30. If we use GO bonds, in addition to a pledge of our city's full faith and credit we will need to subsidize debt service from sources other than hotel and tourism taxes with about $15,000,000 in the first couple of years and declining to zero by year 9. If we use a revenue only scenario (and I would probably argue that approach will find no investors, but I digress), then we will likely have to raise other revenue or just write a check out of the general fund because we don't care to see a bond default blemish our good name. The cost for that could be $25,000,000 in year 1 declining to zero in year 30.

According to an RFP that went out in December to potential hotel developers, Metro expects the new convention center to generate 200,000 to 300,000 new room nights. If you believe Mr. Spyridon that people stay 3 nights in Nashville, that translates into about 100,000 convention visitors. If Dr. Sanders is right and folks stay just 2nights, it translates into 150,000 new convention visitors. So, if we do GO bonds each of those visitors costs us between $100 and $150 bucks. If we do revenue bonds they cost us between $160 and $250 bucks.

What a deal.

Convention Center...the first of many

2009-04-15T20:14:00.004-05:00

In the summer of 2007, I sent many of my constituents a survey about a new convention center. Over 65% of you responded that you would be supportive of a new convention center for Nashville provided there was NO RISK to Davidson County taxpayers. About 35% of you said you didn't want a new convention center under any circumstances. Not a single person responded that they thought we should build a convention center under ANY circumstances.

Keeping that measure of public opinion in mind, I have always sought to evaluate any proposal related to the convention center in terms of what it might ultimately mean to the Nashville taxpayer - if anything.

On Friday, the Mayor's office submitted legislation to approve a new convention center. On Monday, the Mayor came and talked about the need for this project and his staff did a presentation followed by a Q & A.

The legislation submitted includes a resolution to approve an Intergovernment Agreement between Metro and MDHA. MDHA is an animal of state law and never has a budget approved or is in anyway overseen by the Metro Council. This Intergovernment Agreement authorizes Metro to collect all taxes related to the Convention Center project and transfer them "upon reciept" to MDHA. MDHA will use this money to pay all pre-development costs.

The agreement also provides that MDHA can issue bonds (I think this is a first) for up to three years in duration and totaling no more than $75 million. These bonds can be refinanced for up to 20 years. The bonds will be paid for by the convention center taxes and these can be pledge to secure any MDHA bonds.

Also submitted by the Mayor is an ordinance authorizing property acquisition within the footprint of the proposed convention center. There is a long list of parcels that supposedly will be acquired through negotiation or condemnation by the end of the summer.

Questions we should be asking:
1. $75 million dollar note that pays off in 3 years will need about $26 million a year in debt service payments of principle and interest (using a 3% interest rate and uniform principle retirement). Given that the hotel and tourism taxes designated for this purpose only amount to about $16 million a year, how is this going to work? Will this note require some sort of additional pledge or security from Metro? Will it be designed as an interest only loan?

2. What is the budget for this $75 million financing? How much for land? How much for relocation? How much for demolition? How much for engineering, architecture, design, consultants, etc? How much for financing costs? Is $75 milliuon enough? Is $75 million too much?

3. How will they acquire 45 parcels of land by negotiation and condemnation in 5 months? Has any serious pre-negotiation work been done? How many property owners have been contacted? How many contracts have been drafted? Have appraisals been ordered for all properties?

4. Why the piecemeal approach to financing? Why can't we take the advice of our bankers and do what pretty much every other major leisure facility does and make sure we have the financing before getting started? Why buy land if you are not sure you can support and finance a project of this magnitude?

Also, at the Hill is a state bill creating a convention center authority. It is about 30 pages long and filled with all sorts of stuff about bond financing (swaps and derivatives may be bad for local Tennessee governments but I guess they are ok for Convention Centers.) It also contained a paragraph which allowed the Metro Government to levy any direct tax it wanted to pay for the convention center. The administration wisely removed that paragraph and instead pledged the 2 cents of Hotel and Tourism money now going to the Convention and Vistors Bureau. So, instead of 3 cents or $15 million a year in Hotel and Tourism taxes there will be 5 cents or $25 million a year available for debt service. This money would be in addition to other taxes which amount to about $11 million a year. Of course, we will need to figure out a way to pay for the CVB contract from other sources.

I think it is important to get these and other questions answered before proceeding so we can know if there is any risk to the taxpayer. While some have suggested that we can vote on land acquisition without committing ourselves to actually funding a new convention center, I tend to disagree. The land can only be used for a convention center and unless we are intentionally going to violate state law, we should probably be sure we can support - with all that entails - such a project. Doing otherwise is not good for our convention business, not good for our economy and not good for our taxpayers.

Water, Sewer and Stormwater at last but not finally

2009-03-08T09:19:00.022-05:00

On Tuesday evening, Metro Council will consider on third and final reading the Mayor's water, sewer and stormwater rates cleverly packaged as the Clean Water Infrastructure Program.

Most of my constituents know that we have been waiting a year for this proposal. Like everything else, there is some good news and some bad news in the bill. I won't be there for 3rd reading as sweetie and I take the kids on spring break. The bill to be voted on consists of the Mayor's original proposal plus some suggested changes by certain councilmembers and some housekeeping amendments.

1. Capacity Fees. Capacity fees are charged to new businesses or development that are hooking up to the water and sewer network and thereby reducing the excess capacity of the system. These fees are being lowered from $3,000 to $750 for a typical new single family home. The bill also includes a provision where MWS will calculate the actual use of the system after a year and if it falls below the estimated use, then the property owner will get a refund. If the use is above, the property owner will have to pay more. This refund/clawback provision will be available only to those property owners who qualify for the installment payment plan for capacity fees.

While capacity fees are an accepted way to fund a water and sewer system, I have long been troubled by the lack of clear relationship between what we charge and how we spend it. I also find the refund provision to be filled with all sorts of landmines. The refund/clawback will be available only to certain customers and that sort of discrimination will probably not stand for long. All it will take is a major project like May Town Center where capacity fees are in the millions to demand equal treatment - either from the courts or the Council.

2. Water and sewer rates - both volumetric and base charges - will go up. Water will rise by 5% a year for three years beginning May 1, 2009. Sewer will rise 9% on May 1, 2009, 8% on May 1, 2010 and 7% on May 1, 2011. These rate increases will be used to keep up with expenses and fund a 5 year capital plan. A three year rate increase to pay for 5 years of capital does beg the question, "what happens in years 4 and 5?" A 2006 rate study indicated that Metro would need about 40-45% increases over 5 years to fund a similarly sized capital plan. (For some reason, I can no longer find a link to this report on http://www.nashville.gov/, but I have the .pdf and a hard copy if anyone is interested.) Apparently, the finance director will be refinancing all of Metro Water's outstanding debt and that may accomplish some savings. Nonetheless, I expect we will need more funding in early 2012 to continue to meet the requirements of our capital plan.

3. Late charges will be reduced from the greater of $10 or 5% to the greater of $2.50 of 5%. We heard a lot from you all on this one so it should make everyone quite happy.

4. A budget billing option was added where people can estimate their annual use and make 12 equal payments.

5. A stormwater fee will be added to each property. There is no doubt that the introduction of a stormwater fee is an important policy decision. It puts funding of our stormwater, sewer and water systems on equal footing and finally acknowledges our responsibility to care for our entire watershed. It is an undisputed fact that the more impervious surface a city has, the more the needs of its stormwater system. So the stormwater fee is linked - or supposed to be linked - to the amount of impervious surface a property owner has.

Following the recommendation made in a report mandated by Council and delivered on February 1, 2008, the administration proposed 3 tiers for residential customers. According to the 2008 report and recommendation from AMEC Earth and Energy, residential property does not vary greatly in terms of the impervious area. Pretty much everyone has a roof and a driveway. So, in keeping with that finding, tiers are generally accepted. Small properties will pay $1.50, medium will pay $3.00 and large will pay $4.50. This is a sensible and fair approach.

However, the administration decided to ignore its own experts' advice and recommendation and proposed what has to be the only rate structure of its kind in Tennessee (and maybe the country) for non-residential properties. Instead of the widely accepted ERU approach, the administration proposed 6 tiers for non-residential property owners. The ERU approach is usually summed up as "the more you pave, the more you pay." Metro's consultants had recommended that for every 3200 sf of impervious area a non-residential property owner had, he would pay a per unit fee that correlated to the average single family residence.

Calling ERU's too complicated, the administration devised the following tiers: $10 for 400-6,000 square feet of impervious area (IA), $20 for 6,000-12,800 sf, $40 for 12,800-51,200, $100 for 51,200 - 300,000, $200 for 300,000-1,000,000 and $400 for anything over 1,000,000. This tiered approach creates a number of problems not found with the ERU approach. Those problems fall into 3 categories:

Equity and fairness
Compliance with State Law
Environmental impact

Equity and Fairness. Of course the equity issues are the most troubling. Small businesses in the first two tiers occupy about 5% of the non-residential impervious area in Davidson County but will pay over 17% of the stormwater fees. Large property owners like Western Express, Opryland Hotel, Opry Mills occupy 15% of the impervious area but will only pay 3% of the stormwater fees. Under the ERU approach all property owners would pay in direct proportion to the amount of impervious area they own. So, the folks in those bottom tiers would pay 5% of stormwater fees for 5% of impervious area and the folks at the top of the heap would pay 15% of stormwater fees for 15% of the impervious area.

If you prefer pictures to illustrate the point, see below. The pink line represents the ERU approach and the mesa skyline represents the administration's proposal. The point at which they cross is approximately 106,000 sf of impervious area. That means that if you own less than 106,000 sf of impervious area, you are probably paying more for stormwater than had we adopted the ERU approach. Needless to say, the overwhelming majority of parcels in the county are under 106,000 sf.

In another departure of accepted practice, the administration determined that how you own your non-residential impervious area should be major consideration in determining your stormwater fee. So, if you own your impervious area in multiple parcels because you have acquired it over many years or because your business is spread out all over town, then you pay more than if you owned it in one parcel. A business like Aerostructures will pay $400 a month because they have 3.5 million sf of impervious area on one parcel while SCI North Carolina will pay about $1,500 a month for the same impervious area on 10 parcels. Dupont in Old Hickory has about the same impervious area as Opry Mills but will be paying twice as much because their property is divided into 8 parcels.

The administration defended abandoning the ERU recommendation in favor of the tiers because they did not want to saddle large businesses that were laying people off with big stormwater fees. Of course, institutions like Fisk and Meharry will pay more under the administration's plan but hey, at least they were being honest. I have a chart of the top ratepayers which I would love to load up on this blog but I am just not technically adept enough. So, if you are interested, let me know and I will email it to you.

Compliance with State Law. Apparently the administration felt there were enough questions about whether or not their proposal met the requirements of state law that they had Metro legal issue an opinion asserting that the fee structure would be upheld in court. I won't bore you with all their arguments but it boils down to their belief that as long as the fee is reasonable it doesn't have to be mathematically exact. I found it interesting that they wrote an entire 8 page analysis and did not once quote the Tennessee Attorney General who has written several opinions on the subject and claims that there is a certain methodology that should be applied when calculating a stormwater fee. He says:

"The storm water user fee provision also expressly mandates that a certain methodology be used in determining the fee that is to be charged. Tennessee law requires that

[s]uch a graduated storm water user's fee shall be based on actual or estimated use of the storm water and/or flood control facilities of the municipality, and each user or user class shall only be required to pay its proportionate share of the construction, administration, operation and maintenance including replacement costs of such facilities based on the user's actual or estimated proportionate contribution to the total storm water runoff from all users or user classes.

I think it bears mentioning that the ERU approach is also legal defensible and distinguishes itself from the tiered approach for having already been tested by the courts.

Environmental Impact. Lastly, the administration's stormwater fee does not represent the environmental policy it could be. Stormwater user fees have been a major arrow in the quiver for cities across the nation who seek to encourage stormwater device retro-fit for properties that were developed before stormwater regulations were imposed. While the administration's proposal has credits for the installation of water quality and quantity devices, the fees for large property owners are so low that the cost recovery for any serious retro-fit will take years.

Since the administration's plan caps the fee at $400 for 1,000,000 sf or more of impervious area, there are no incentives for large properties to develop in a way that is environmentally sensitive. If you pay the same regardless of whether your parking area is spread over several acres or concentrated in a structure, you aren't likely to pick the latter. If we want to be the greenest city in the southeast we should probably start by at least trying to match the most basic environmental policies of other cities in Tennessee.

One of my colleagues, CM Holleman introduced an amendment to correct most of these problems by changing the fee structure to an ERU. The administration objected and lobbied hard to defeat the effort. More than enough has been written about that.

As the final vote on this bill approaches, I am reminded of that old Capitol Hill political wisdom: "if you have to cut off the dog's tail, don't do it one little piece at a time." Like the onerous late fees that were perceived as largely unfair by the public, we are likely to hear from small business owners when they see their water bill go from $10-11/month to $20-30/month. It won't help when they discover that, had we listened to our experts' advice, their bill would be $13.00. I hope we come back to this soon - before any damage is done and the dog bites.

Public, smublic whadda they know anyway?

2009-03-07T12:37:00.004-06:00

We are wrapping up the West Nashville Community plan out here and it has been a lot of fun. What I just love the planning process is the way we let the public lead the discussion. At the heart of everything is our conviction that it is the people living in our neighborhoods, working in our community that are most knowledgeable about the needs of our community.

So, you might say I was a bit surprised when I attended a community meeting on redevelopment of the Nashville Riverfront at the invitation of Ed Owens at MDHA. It was a chance call to Ed a couple of weeks ago at the behest of the Nashville Rowing Club that led to the invitation.

I know what you are thinking - "didn't we just do that?" Unfortunately, the answer to your question is "yes, we did." Apparently, after 16 months of planning and community discussion and $500,000 of YOUR money, some bureaucrat somewhere has decided that we need to re-examine implementation of the Riverfront Plan.

An adventure, water park for children and families on the east bank that was originally slated to start construction in early 2008 as the first phase of the project will now be third phase of the project in favor of some projects on the east bank and all projects on the west bank.

The reason given for this re-order of the plan was the economy. Apparently, the economy has replaced 9/11 as the excuse for why we aren't doing what we said we would do. Not to understate the seriousness of a national problem, the excuse left me scratching my head a bit. MDHA wants to hold off on building the $10 million part of the project so it can go build the $13 million piece of the project. Mmmmmm

The other excuse given was the fact that the NES transmission lines are being buried and this somehow gave momentum for the projects on the West Bank. Will the power lines not stay buried until we can get to the west bank projects? Are they going to rise up in protest if they aren't surrounded by $13.5 million in capital projects? Again, I was just left scratching my head on that one.

More disturbing, however, was the repudiation of hundreds of hours of planning by professionals and citizens and thousands of public dollars. Such blatant disrespect for the average Nashvillian's time and money is what gives government and politicians a bad reputation. I would hate to think that after hours of work, Public Works would be told to throw away the sidewalk plan. Or how about the Parks Master Plan? Again, hundreds of hours of work and thousands of dollars went into it. The Parthenon Conservancy wants to undertake a master plan for Centennial Park. Shouldn't we just tell them not to bother?

I gather from the presentation that the administration will be presenting a capital plan in the coming months (we haven't seen a capital plan since summer 2007 and that one was frozen shortly after approval). I have been told that capital plan will "de-commission" prior approvals in favor of a new vision. For my constituents I would suggest that the previous implementation plan of the Riverfront Plan is better for them. It is much easier to get to the east bank of the Cumberland River than the west bank if you live in the 23rd district. I would also suggest that such precedent of plan revision without community input is not acceptable anywhere or anytime.

As always, please call me if you have any questions.

Charter Amendment Analysis - Early Voting Starts Today

2009-01-02T12:31:00.004-06:00

Today begins early voting on two amendments to the Metro Charter. There is just one early voting location and that is the Howard School Office Bldg at 800 Second Avenue South. The polls are open Monday-Friday from 8:30am til 5:30pm and Saturday January 3 and Saturday January 10 from 9am til noon.

As has become my habit, I would like to provide you with a little bit of an analysis regarding these amendments that might help you as you go the polls.

Amendment #1 "English Only"

You probably have heard a good deal about this amendment. Before I get into the meaning of this change to our Charter let me preface my remarks by saying that virtually no one - myself included - thinks that American immigration policy and its enforcement are a success right now. But to put it in perspective, immigration policy has been a point of contention since the pilgrims complained about the Godless freeloaders who showed up after they secured a little crust of Massachusetts against the weather, disease and very displeased Native Americans. Some say we need to pass the English Only amendment because we need to send a message about immigration. I like messages but as your elected representative I have to be more concerned with substance. So, with that here's the substance as I see it.

One thing in this amendment is not new. It makes English the official language of Metro. English is already the official language of Metro as required by state law (T.C.A 4-1-404).

However where state law appears to require all government publications, communications and meetings be in English it leaves open the possibility that those services can be provided in other languages (including sign, braille, etc) as well. The charter amendment would prohibit government activities in any language other than English with just two exceptions; to prevent a conflict with state or federal law and if Metro Council provides an exception.

I tend to think that the first and fourteenth amendments of the United States Constitution are so broadly written that the first exception will mean very little changes in terms of how services are provided. As much time as I spend in various departments I see little translation going on that exceeds the fundamental requirement that we protect the health, safety and welfare of the people of this city, guarantee free speech or ensure that everyone is protected equally under the law.

The exception granted by the Metro Council is unclear. I can't tell if it would happen by ordinance or by resolution. In any event, it will certainly add another layer of bureaucracy to the function of our Metro departments.

So, we have an amendment that won't cure immigration and won't change how we run government. So, why have it? I guess to send a message. Problem is the message will be heard differently depending on who you are. Some will see it as a victory for those who oppose immigration or want better enforcement of illegal immigration. But some - particularly those who recognize us an a destination for international tourists and business - see it as a message that we are unwelcoming, inhospitable and downright rude.

Amendment # 2 Charter Revisions.

While I think amendment # 1 will have no meaningful impact except the message stuff I refer to in the last paragraph, Amendment # 2 is a far different matter.

Currently the law allows us to amend the Metro charter two ways. The first way is for the Metro Council to approve of amendments being placed on the ballot. That will not change. The second method is for 10% of voters voting in the most recent general election to sign a petition. These types of petition driven amendments are limited to one every two years.

This amendment would change the charter so that only 1% of registered voters must sign a petition and those petitions can be submitted for any regularly scheduled general election AND any special election. There can be only one special election per year.

So let's do a little compare and contrast. In the presidential election in November, 264,000 people showed up to vote. If you were pursuing a charter amendment after that election, under the current law you would need 26,400 signatures on a petition. Under the proposed law you would need 1% of all registered voters. There are 381,000 registered voters in this county so you would need just 3,810 signatures on a petition. For a smaller election like the August 2007 general election, 101,000 people voted. Under current law, you would need about 10,000 signatures. If the proposed change becomes law, you would still need 3,810. So, in terms of gathering signatures, the bar is lowered significantly.

In terms of timing, the standard is also lowered significantly. Currently, these types of voter driven petitions can be submitted only once every two years. The proposed change would allow them at every general election and no more than once a year at a special election. In 2008 we had 2 general elections. Under the proposed change there would be 3 opportunities to change the charter.

There is one thing in particular about this amendment that I had not noticed until today. It adds a new paragraph to the charter that prohibits the Metro Council from passing a resolution over-riding a petition driven amendment for 4 years after enactment. I don't know why that would be necessary. Council generally accedes to the will of voters and doesn't like to tinker with their work. So is it necessary to tie their hands? Is it sensible?

Let's use recent events to construct an analogy. Council passed an ordinance that our lawyers said might be in violation of the Federal Fair Housing Act. We passed it anyway. That pesky Department of Justice came calling and pretty soon we had a recommendation from everyone with a law degree in the Metro government to repeal our ordinance. Voter driven initiatives don't tend to have the benefit of the bright minds of Metro legal. So what if someone proposes an amendment that has major and unforeseen implications to our legal position or our budget? Council won't be able to act for 4 years! Someone would have to launch another petition drive to undo the effort and ask all those people who voted for it to now be against. That last scenario seems unlikely.

Frankly, I am a firm believer in the wisdom of the voters but I hope the voters will think about this one long and hard. California is a direct initiative state, With just 5% of voters from last gubernatorial election they can amend state statutes. They can amend them at primary, general and special election. There is so much voter initiative in California that they have an entire section of the election commission's website dedicated to tracking them. I love California but I would not hold them up as the paradigm of great government. The budget shortfall right now is 3 times our entire Metro budget. So, think about whether you want to be more like California or you think we are doing OK they way we are now.

I hope all this helps you as you go to the polls. As always, don't hesitate to call or write if you have any questions.

Arrest Made In November Harding Place Break-In

2008-12-30T19:00:00.003-06:00

Here is the latest from Metro PD

December 30, 2008

FOR IMMEDIATE RELEASE

Detectives from the West and North Precincts this afternoon arrested an ex-convict on parole for robbery and burglary in connection with the November 23rd kidnapping and robbery of three persons from a home in the 4000 block of Harding Place.
Antonio D. Harris, 21, was taken into custody inside an apartment at 1408 11th Avenue South. Detectives believe Harris was one of five suspects who entered the home through an unlocked door and robbed the victims of computer equipment and money. The suspects then forced the homeowner, his 19-year-old daughter, and her 19-year-old boyfriend into the homeowner’s Toyota Highlander SUV. The victims were taken to two ATMs in the Green Hills area from where the suspects withdrew money. They were released unharmed in a subdivision near Hillsboro High School.
Gang Unit detectives recovered the Highlander December 2nd in the Edgehill public housing development. The teenage driver was arrested for driving a stolen vehicle. He denied any involvement in the home invasion.
During the course of the continuing investigation, detectives developed information linking Harris to the case. He is being charged with three counts each of aggravated robbery and aggravated kidnapping. The state is expected to file a parole violation warrant against him in the near future.
Records reflect that Harris received a seven-year sentence for two robbery convictions in January 2005. He received a four-year sentence for two aggravated burglary convictions in March 2005. Harris was paroled from the state prison system on June 18th of this year and registered with the police department as an ex-convict the following day.
At the time of his arrest today, Harris was free on $2,000 bond stemming from his arrest November 16th for allegedly stealing $259 cash from a safe at a Murfreesboro Road carwash where he formerly worked.
The investigation into the home invasion case is continuing as detectives work to identify the other suspects.

*A photograph of Harris accompanies this media release on the Internet.

###

New Schools Director - Jesse Register

2008-12-21T10:31:00.007-06:00

Yesterday Metro School Board members voted 7-2 to extend an offer to Jesse Register. Mr. Register is a soft spoken man with great credentials. He is well educated (Duke, MEd) experienced (Director of three systems - Hamilton Co, TN, Statesville, NC and Cabarrus Co., NC) and appears to enjoy the respect of his peers as a reformer (Annenberg Institute for School Reform at Brown University).

Not everyone is thrilled about this selection. Parents of Special Education students have some concerns about how Hamilton Co., TN handled the education of a student with autism who subsequently sued the County. There is a special place in heaven for parents of Special Education students who, with the the patience of Job, have relentless pursued changes to our program. They have every reason to be concerned but I hope that Mr. Register's experience with the lawsuit makes him more thoughtful and educated about the issue.

Some people think we should have held out for a head banger change agent like Michelle Rhee at Washington, DC schools. However poor the reputation of Metro Schools they do not compare with Washington's. Washington, DC public schools were abandoned by the middle class of all colors over 30 years ago. Families moved to Montgomery Co., MD or Fairfax Co., Virginia or paid for private school. I know, you think that sounds like Nashville. But try this test - name everyone you know who has children in Metro schools. If you lived in Washington you would probably not be able to name one. DC schools have been utterly and completely divorced for a very long time from that portion of the population every city depends on for the success of its schools. What is left are those most in need - in need of special education, in need of remedial education, in need of someone who actually cares.

Add to DC's demographics the fact that its government has not exactly been a sterling example of municipal function. Unions have considerable adverse influence. Bribery and corruption, while not commonplace, have certainly undermined the city's credibility. (I lived there when the Alt-weekly dubbed the executive Mayor-For-Life Hizzoner Marion Barry.) During one particularly snowy January, the federal government almost ceased operations because the city couldn't get the snowplows out. It didn't help when it was discovered that the Mayor was out of town attending the Super Bowl. Things have gotten a bit better but DC struggles with its reputation as a city that mates northern hospitality with southern efficiency.

So, Washington may need a Michelle Rhee. Nashville, not so much. Not only are we not so far gone as a city and a school system, we tend not to like the change agent that kicks butt and takes names. Washington is home to a lot of military types and they are used to that approach. Controversy and debate are part of the milieu. In Tennessee, the operating political theory is "ease along." We like change agents but we like ones that can get things done using consensus, team building and compromise with a little bit of butt kicking in the background. That isn't the sort of thing that gets you on the cover of Newsweek but it tends to work with the particular personality that is Nashville's.

So, the decision is made. Let's all get behind the new Director, do what we can to make him successful and hold him accountable. And with a little luck and elbow grease we will ease along to a better school system.

Update: Mr Woods, I have corrected the typos and I apologize deeply for losing the last "t" from butt. Comments on any post are warmly received at emily.evans@nashville.gov.

Update on Harding Place Break-in

2008-12-04T08:02:00.002-06:00

Here is the latest from police on Harding Place break-in Nov 23rd. Sorry it has taken me a couple of days to get this up.

December 2, 2008

FOR IMMEDIATE RELEASE

Gang Unit detectives this afternoon recovered the silver Toyota Highlander taken during a November 23rd home invasion robbery/kidnapping incident on Harding Place in West Nashville. Two persons are in custody being questioned. The vehicle has been impounded for processing.
Gang Detective Mark Anderson, while conducting surveillance in and around the Edgehill public housing development, spotted the Highlander turning into a public housing driveway off 11th Avenue South. As Anderson was driving up to the Highlander, the front seat passenger immediately bailed out. As other gang detectives arrived to flood the area, the driver and a rear seat passenger were taken into custody. It is believed that the front seat passenger ran into one of the Edgehill apartments. He was not located.
The driver of the Highlander and the rear seat passenger are being questioned by detectives from the West and South Precincts. South detectives are investigating whether the gunmen in the West Nashville case committed a similar home invasion shortly before 7 p.m. Sunday on Jessie Drive near Paragon Mills Park. In that case, the victims were robbed of their bank cards and certain items inside the home. The victims were held by two suspects at the residence while the two others went to an ATM to withdraw money.
In the West Nashville case, five masked gunmen entered the Harding Place home through an unlocked door between 9 p.m.-9:15 p.m. Sunday. They robbed the victims of computer equipment and money. They then forced the homeowner, his 19-year-old daughter and her 19-year-old boyfriend into the homeowner’s Highlander. Three of the suspects also got into the SUV. The victims were taken to two ATMs in the Green Hills area from where money was withdrawn. The victims were released unharmed in a subdivision near Hillsboro High School.
The Gang Unit, West detectives and South detectives have been jointly investigating these cases since last week.

###

Crime Alert - Break-in on Harding Place

2008-11-25T14:53:00.004-06:00

The police are reporting a serious crime in the area. Please read the release below. If you see any suspicious activity, please call Metro PD at 862-8600 or Belle Meade Police at 297-0241. If you suspect a crime in progress you should always call 911. If you have any questions for me, don't hesitate to call or email.

November 25, 2008

FOR IMMEDIATE RELEASE

West Precinct detectives continue in their efforts to identify the five masked gunmen responsible for robbing and kidnapping three persons from a home in the 4000 block of Harding Place between 9 p.m.-9:15 p.m. Sunday night.
The five suspects entered through an unlocked front door. The 48-year-old homeowner, who was in the living room, thought it was a joke and pushed away a gun that was pointed at him. That prompted one of the suspects to fire a shot into a piece of furniture. The suspects robbed the victims of computer equipment and money. They then forced the homeowner, his 19-year-old daughter, and her 19-year-old boyfriend into the homeowner’s Toyota Highlander SUV. Three of the suspects also got into that vehicle while the two others followed in a silver Buick Century.
The victims were taken to two ATMs in the Green Hills area from where the suspects withdrew money. They were released unharmed in a subdivision near Hillsboro High School. They walked to a residence from where police were called at 9:26 p.m. Sunday.
The silver Buick was recovered nearby. It had been reported stolen from the Edgehill area.
The Toyota Highlander has not been recovered. It is a red 2006 model and bears Tennessee license plate number 453-SJN.
The five suspects are described as black males in their late teens. At this point in the investigation, detectives do not know why this particular home was chosen.
Anyone with information on this case is urged to contact the West Precinct at 862-7747 or Crime Stoppers at 74-CRIME. Callers to Crime Stoppers can remain anonymous and qualify for a cash reward.

###

Western Nashville Community Plan and Sidewalks Too

2008-10-25T11:49:00.004-05:00

On Thursday, we kick of the long awaited Western Nashville Community Plan. (Senator Henry has called me out more than once for referring to this part of town as "West Nashville." West Nashville was a separate community where the Nations, Sylvan Park and Sylvan Heights is now located. It was swallowed up the City of Nashville and Metro. So to avoid confusion for you history buffs I shall bow to the greater wisdom of my favorite Tennessee State Senator.)

For those of you who don't following the ins and outs of Planning and Zoning, a Community Plan is essentially a guidebook for future zoning decisions. For the uninitiated, it is important to know what a community plan is and what it isn't. A community plan tells professional planners, the Metro Planning Commission, developers and property owners what the collective expectation is with respect to how their neighborhoods will grow, develop and change. The Community Plan will not tell you what stores will come to our community or whether they will have brick or stone facades. It won't tell you if the houses being built will be ranch or Tudor or modern. It will tell you where those stores should be located and whether the houses are on big lots or small lots.

If you live in West Meade and you are in the Natural Conservation land use policy we developed last year, we will not be revisiting that part of the plan. It will be folded into the final community plan documents.

So, here is the schedule. All meetings are from 6-8 pm at 5101 Charlotte Avenue

Thursday October 30 @ St Ann's Catholic Church
Kick Off Meeting

This is not to be missed. The kick-off meeting will be the first opportunity to discuss the issues facing our community. Planning is well aware of the concerns and issues you have raised to me personally, on listservs and at other community meetings. But, this is a great opportunity to delve into those things more deeply and raise concerns that Planning may not know about.

Monday Nov 3 @ St Ann's Catholic Church
Visioning Workshop

The visioning workshop will be an opportunity to roll up your sleeves and talk about what changes you see for our neighborhoods and how they should come about. (And yes, in some cases, that means no change).

Monday December 8 @ St Ann's Catholic Church
Concept Plan

Based on the issues you raise in the kick-off meeting and the visioning workshop, a concept plan will be produced by Planning. This meeting is your opportunity to kick it around and express your opinion. Planning usually puts all phases of the plan on the website so if you are unable to make a meeting you can email or phone in your comments.

Tuesday January 18 @ St Ann's Catholic Church
Community Character Draft 1

Once we have kicked around the concept plan, Planning will develop a more concrete draft of the Community Plan. So this meeting is another opportunity to kick things around with a bit more detail and specifics.

Monday February 2 @ St Ann's Catholic Church
Community Character Draft 2

More kicking around

Monday March 2 @ St Ann's Catholic Church
Wrap-up Meeting

This is an opportunity to review one more time the plan and address any final issues.

Monday March 30 @ TBA
Southern Neighborhoods Open House

As you have requested, I have asked that the Community Plan incorporate planned sidewalks and bikepaths. We are very lucky that the Sidewalk and Bikepath plan was recently updated and can be found here. This new plan adopts a slightly different deployment of data to determine where sidewalks will be located. You will notice however, that there is no information about where those sidewalks will actually be built. Since sidewalks and bikepaths are so important I have asked Public Works to apply the data in a manner consist with the update and tell us where we can expect them. They will not be able to tell us when those sidewalks will get built, just where they will go when they do get built. You guys can kick around those findings to make sure they make sense in the real world in which we live and then Planning will incorporate them into the Community Plan.

Early Voting Starts Wednesday!

2008-10-12T17:48:00.002-05:00

Each time we have an election that includes charter amendments, I am often asked to describe their merits. This year (thankfully) we only have two to consider.

The first amendment pertains to when the budget is delivered to Metro Council and the public. The wording is a little difficult but basically it says that the Mayor will deliver to Council (and hence the public) no later than May 1 the operating budget for the next fiscal year.

The background: Prior to 2006, the Metro operating budget was delivered on May 25th. Since our fiscal year ends on June 30 and since the Mayor's budget will become law if Council fails to pass an alternative by that date, Council had about 5 weeks to consider how we spend $1.5 billion dollars. This program worked well from 1963 until 2006 when Council got irritated and sponsored a charter amendment to move the date back to March 25.

The upside was that Council now had over 3 months to consider the budget. The downside was that Metro Finance had to predict revenues with more lead time. The longer lead time worked OK for FY08 but FY09 may prove to be a bit gamier. Shared state revenues have fallen faster than the Dow Jones Industrial Average and we are now in a downward spiral few predicted with any accuracy. Bottom line: it doesn't help to have more time for Council to consider the budget if the information they are considering is inaccurate. So, moving the date to May 1 won't do any harm and it may do some good.

The second amendment pertains to term limits for Council members that serve to complete the unexpired term of another resigned or deceased council member. This amendment also clarifies that the office of Councilmember-at-large and District Councilmember are two different offices. Since this amendment may affect me personally, I won't express an opinion but I will tell you why we are even having this debate.

As some people interpret term limit law, two terms does not necessarily mean two full terms. Others (including, as I understand it a court of law) say that an unexpired term of another elected official does not count as a term. So we have a lack or clarity that Council has asked the voters to fix. Vote no if you think that two terms means one term plus any part of another term. Vote yes if you think two terms means two full four year term.

Just let me know if you have any questions.

Dear Lincoln, David, Zach, Marsha and John

2008-09-29T18:53:00.007-05:00

I am just a lowly Councilmember in little old Nashville - you know the capitol of Tennessee? We don't really know each other. Not that I blame you. There are 40 of us on Council and we change every 4 years, so it is hard to keep up. I see Jim Cooper from time to time and Bob Corker is a part-time constituent. But look, we need to talk about this vote on the Financial Re-Stabilization Act of 2008 or whatever it is you call it.

I saw Nancy's speech before the vote. Even someone from San Francisco ought to know that when bringing bi-partisan legislation to a vote, you really need to at least feign bi-partisanship. That usually means calling on your colleagues to serve the interests of the country above their own political interests. She didn't do that and I guess that made you mad. Honestly, I can't say I blame you. But, returning her partisan behavior with some of your own really isn't helping us here.

Meanwhile, I am guessing some of your constituents are sending faxes, emails and phone calls asking you to vote against those fat cats on Wall Street because no one has explained to them that it is really a vote against the banker on Main Street. Most of them weren't alive in 1931 when we last had a run on banks like we have had these last few weeks.

I am just a lowly City Councilmember and in the grand scheme of things you probably don't really care what I think. There is a good chance that this proposal has a number of flaws and it may not be the magic bullet for what ails us. But please, consider these few facts, if you could:

1. The State of Tennessee has had to pay 6 1/4 % for short term loans to finance school building projects - double what it normally pays.

2. The muncipal bond market has siezed up with little credit available to even high quality issuers. Major issuers like Hawaii and Maine have had to cancel borrowing.

3. Metro Nashville has delayed its capital spending plan because of upheaval in the markets. That means we won't be considering spending for schools, parks, roads and libraries.

4. Pretty much every major financial crisis this country has faced has involved a credit crisis like we have today. Some of those crisis, the Panic of 1837 and the Great Depression, have long lasting and significant impacts.

I could go on but I am really trying to appeal to your self interest or at least those of your constituents. Perhaps the bill before you was not the right one. I get that. I get to vote on the lesser of several evils all the time. But if you voted against it, I have to assume you have a better idea, right? You have some notion of how we can return liquidity to the credit markets and get things functioning normally. You must, right?

While you are waiting for the news cycles to align so you can spring your legislative innovation on us, let me suggest that aiming low is ok. We aren't looking for perfect GDP growth or a major decline in unemployment. All we really need right now is liquidity. We need banks to start lending to each other, We want investment banks to start lending to municipalities. We want the wheels to start turning again. Slowly, deliberately and with purpose.

Is that too much to ask?

With all due respect,

Emily Evans
Metro Council District 23
Nashville

cc: Bob Corker, Lamar Alexander, Bart Gordon, Jim Cooper, John Tanner, Steve Cohen

Gas Availability in and around the 23rd

2008-09-22T07:48:00.009-05:00

Well, it looks like we might be in for a week a judicious driving. There is not much gas to be had in these parts. The Tennessean has done a great job of keeping up with supplies but for some reason has not had much info on stations in and around this district. The Hillwood listserv has filled the breach with regular reports on where gas is available. If you are like me you drained your tank to such an extent that the only place you can re-fill is someplace close by. So, I am going to repeat the posting from the Hillwood Listserv here for those of you who don't get those email. Feel free to send in your own info at emily.evans@nashville.gov.

Costco on Charlotte has gas as of 2:30pm
BP at split out of gas as of 7pm
Shell at White Bridge and Harding out
BP at Hill development at White Bridge and Harding has gas as of 7:15 am

Through this crisis looks like Shell and Exxon's distribution systems have held up best. So look for those guys to come on line earliest. Please plan for this problem to last all week. Limit your trips, no idling, carpool with neighbors, take the bus...you get the idea. If you buy gas, get as much as you think you really need to get by. Save the rest for others who might need it more. Don't top your tank or fill up milk jugs. We are very lucky to live in a part of town that has all our essential services close by. So support your community and pass on trip to Williamson County or Lebanon.

Thanks for listening. Check back for updates.

TICK FEVER

2008-09-17T21:04:00.004-05:00

I admit it. I have tick fever. No, not Lyme disease. I have been glued to CNBC watching the rise and fall and rise again of the equity and debt markets. Tick fever is a term applied to people who watch every movement, or tick, of the market.

Everyone gets tick fever from time to time. The leadership at AIG and Merrill got it when they went to the outer reaches of investment product universe in order to goose their revenues. Through the use of deriviative products like securitized mortgage pools, risk became detached from reward. The sages like Warren Buffett wagged their fingers in warning and were disregarded as completely old fashioned and out of touch. No telling how many smart middle managers issued the same warning only to find themselves transferred to "Special Projects." Senior managers became so focused on month end, quarter end and year end returns they lost sight of what it would mean in five years or ten years and they weren't interested in hearing about it.

Political leaders get tick fever. There is no better example of that right now than Jefferson County Alabama. Instead of focusing on short term revenues, political leaders sometimes focus on short term voter sentiment. Trying to avoid the inevitible grumbling that accompanies even the most modest sewer rate increases, the Jefferson County Commissioners turned to the wizards of Wall Street (who today bear a greater resemblance to the one in Oz than the one in Camelot) to get them off the political hook.

Abracadabra, they were borrowing long term at short term interest rates. What a deal. Lots of money at low cost. Debt costs commensurate with the needed capital work were avoided, Wall Street collected its considerable fees, everyone got re-elected and lived happily ever after. Well, they did until the short term Adjustable Rate Securities market failed.

Oops.

Short term debt became long term debt, monthly interest costs soared and bankruptcy looms. They basically endangered the financial health of an entire Alabama county to get a few more votes on election day.

I don't have much hope that Wall Street will ever change its ways and I am not sure it would it would be a good thing if they did. Capitalism without painful losses really is like Christianity without hell. We have had periods of speculation and their accompanying crashes since the Dutch thought tulips were more than pretty flowers. I have much more hope for political leadership. While investment bankers will always be more intersted in what is best for them, policy makers and political leaders have a stated obligation and responsibility to look out for - or at least not negatively impact - the long term well being of the citizenry.

Having such responsibility isn't easy. It would have taken months of education and discussion for the leadership of Jefferson County to explain that they had assumed responsibility for miles of sewer lines that were leaking raw sewage, that the EPA had mandated $1 billion in work and that this work would have to be paid for through rate increases. It would have taken a good deal of time eto xplain that the needed repairs were not going to disappear and the costs were not likely to decline. It probably would have taken courage to face down unhappy voters who didn't want a rate increase no matter what. It would have taken some brains to ignore the conventional wisdom of political advisors and the chattering classes who love to tell politicians how to act so they get re-elected.

Had Wall Street and Federal regulators listened to Warren Buffett I would not have tick fever today. Had the Jefferson County Alabama Commissioners avoided thier own case of tick fever, their citzens would not be sold down the river of debt.

Notes on Community Meeting - Westside/Warner Parks

2008-09-13T10:22:00.003-05:00

On Thursday evening Southern Land Company held a meeting to discuss possible development of the Westside Athletic Club site at the intersection of Vaughns Gap Road and Highway 100. Representative from Southern Land Company approached CM Bo Mitchell and I in July about a possible rezoning of the area. At that meeting Bo and I explained that there had been years of fights over this property and lots of bad feelings on both sides. We explained that we felt it would be more productive if Southern Land Company held a meeting to hear about concerns and questions BEFORE they proposed any kind of development or drew anything on paper. We also suggested they contact The Friends of Warner Park to hear their thoughts on what was appropriate for that land.

The meeting on Thursday started with Bo and I both explaining our approach to zoning requests. I told my constituents that I only move legislation forward on a rezoning if it has the support of Metro Planning and the affected neighborhood. In this case, I am also going to be sensitive to the concerns and interests of the Friends of Warner Park. Bo and I also told everyone that we had requested the meeting so Southern Land could get feedback before making a proposal.

Things got off to a bit of a rough start with questions that really did not fit into the format or goals of the meeting. So initially, there was a lot of focus on number of units, cost of units, multi-family versus single family which sort of presumed that there was some plan already developed. Bo and I had initially thought the group could divide up into small groups to provide their thoughts because it would be more efficient and less intimidating for those who don't like to speak in front of large groups. There was some concerns about that approach from folks and so we all stayed together.

Once we got on track we discussed the current zoning and land use. The property is located at the intersection of Vaughns Gap Road and Highway 100 where the Westside Athletic Club is currently located. The Westside Athletic Club is a legally non-conforming use. A long time ago it was apparently a drive-in movie theatre. Before the current zoning code was adopted it was turned into an athletic club. So, it can remain an athletic club - either as Westside or something else - or it can be residential housing without a re-zoning. The area is zoned R8 which means 1-2 units per 8,000 square feet. Deducting 10% of the land area for interior roads, etc, the current zoning will accomodate up to 104 dwelling units. That number could be reduced if areas of the site are not suitable for building because of slope, creeks, etc. So, to reiterate, the current or a future property owner could develop the land as an athletic club or build up to 104 dwelling units without any approval of the Metro Council. There was some confusion initially that Southern Land was considering development in addition to Westside which is not the case. Southern Land is considering replacing the Westside Athletic Club.

The first questions that came up, naturally concerned traffic. There is a long standing demand for a traffic light at Vaughns Gap and Highway 100 and such has been approved by Metro and awaits funding. Everyone was concerned that traffic could not be managed without the installation of the light. There is also some concern about how the rail line interferes with traffic flow when trains are passing. The representative from Southern Land said that they would probably have to pay for signalization and a directional signal for the rail line. A directional signal would alleviate CSX's need to blow their horn all the way through the neighborhood. (Note to self: look into direction signals for the rest of the 23rd district). A traffic study would likely be necessary.

There were concerns about run-off and stormwater. As many of you know this area is plagued by poor drainage. All the water that runs off of Nine Mile Hill and parts of West Meade drains into this neighborhood. To make matters worse, much of it was built without a properly engineered stormwater system. Over the years, we have tried to retro-fit solutions with mixed results. I am not sure where this property falls in the watershed but I will look into that. The developer would of course have to retain their stormwater at pre-development levels and Metro Water Services would have to approve.

There was a concern expressed by residents that any development on the Westside parcel would engender more development. Of particular concern were the redeveloopment of The Belle Meade Highlands condo's and a 26 acre parcel that was characterized as land locked. The Belle Meade Highlands is certainly getting on in years so this is perhaps a valid concern. But since each condo is indivually owned it will probably take a very persistent and patient developer to acquire all of them for redevelopment. I am not sure what was meant by the 26 acre parcel. There is one such sized area two parcels away on Highway 100. It appears to be part of the Harpeth Trace PUD that was passed in 1974. It looks like it is intended to have access to Harpeth Trace Drive and not to Vaughns Gap or Highway 100. To acquire access to Highway 100, it looks like it would need a pass from CSX as a surface crossing would be necessary. To acquire access to Vaughns Gap, the property owner would have to get an easement from the Harpeth Glen Condo's and the Westside property. Southern Land said they had no interest in developing the 26 acre site.

Another topic discussed was preservation of green space. The rep from Southern Land said they would probably want to build a multi-family type project. Doing so could mean a town square type common area, or a park space. We discussed briefly the trade-offs between mulit-story versus single story and use of the whole site versus preservation of green sapce or common areas.

We discussed the use of commercial or mixed use. Westside already has a cafe and some quasi-commercial uses. The rep from Southern Land suggested a coffee shop or something like that might be a nice compliment. The concern is that people would not be able to walk to it because Vaughns Gap has no sidewalks.

We talked about the need for sidewalks all up and down Vaughns Gap. A developer of the Westside property would have to build sidewalks from property line to property line. That won't help people who lived closer to St Henry's but I guess it is a start.

One person asked about senior living - either assisted or independent. The rep from Southern Land seemed to think it was worth considering.

We wrapped up the meeting with Southern Land saying they would consider what was said and decide if they wanted to pursue a project at this location. The rep indicated that their company had never been involved in a major land use dispute and really liked it that way. There have been so many hard feeling about rezoning this property over the years and it was quite evident by the tone of some of the questions.

I spoke with the CEO of Southern Land on Friday and he said they would consider the matter, study Vaughns Gap Rd a bit more and review some of the obstacles to development before making a decision on whether or not to proceed. If they do wish to move forward, we shall have another meeting to discuss more tangible concepts for the Westside property. If Southern Land decides not to proceed, I guess we shall just wait for the next interested developer to show up.

If you have any comments, questions or concerns about this potential development, please call or email me or Bo Mitchell.

There are a lot of reasons to be glad you live in Nashville

2008-08-16T16:29:00.006-05:00

And here is the latest: Jefferson County Alabama is considering bankruptcy as a way to reduce $3.2 billion in outstanding sewer debt. Proponents of a Chapter 9 filing suggest that it is the way to punish the folks that brought this misery down upon the good people of Birmingham, the investment bankers in New York. I am with Ben Cunningham on this one. Blaming your bankers for your debt is like blaming your bartender for your drinking problem.

Birmingham has a $3.2 billion dollar problem because it assumed control of large sections of an aging sewer system, got in trouble with the EPA and was mandated to perform about a $1 billion in repairs and improvements. Instead of going to the sewer rate payers and making a case for higher rates to pay for the mandated repairs, the County Commissioners went to Wall Street. Investment bankers love problems like this and came up with a way to avoid significant rate hikes. It seemed like a great idea. The investment bankers got their fee, the County got its money and the Commissioners avoided the wrath of the voters.

The political cowardice of the County Commission in avoiding the initial rate increase necessary to get the system in shape leaves Jefferson County with a $3.2 billion bill for work that should have cost 1/3 of that. Aren't you glad you live in Nashville?

May Town Center

2008-08-14T20:36:00.003-05:00

It was a fine night tonight at the Planning Commission which held their debate on the Scottsboro Bells Bend community plan. The S/BB Plan had a little a la carte option for something called the May Town Center which is basically the twin sister from a different mother of our downtown. May Town Center is envisioned as a corporate headquarters nirvana like Cool Springs with 5-10 million square feet of office space, plus retail and residential. It is the sort of thing you like if you like that sort of thing.

Since the May Town project, which proposes to host about 40,000 people during the work day, would be about 3 miles from my district, I think I have two obligations in this debate. First, I need to ask as many questions as I can with the goal of seeing that the concerns of my constituents are addressed. Second, I need to keep an open mind as those answers unfold and reserve judgement on the project until all the facts, such as they are, come in.

I was pleased to see in the audience some solid representation from the 23rd District. Most of you were sitting with the Bells Bendians. You have expressed a number of philosophical concerns about the development which I think are certainly valid. These concerns range from canibalization of our downtown and urban core to protecting an environmental treasure. More mundane are your concerns about the location of bridge or bridges and their impact on this district, its character, its transportation infrastructure and its traffic.

I cannot top Mike Byrd's review of Commissioners' comments except to say that Hunter Gee did an outstanding job of summarizing the concerns of many of my constituents. CM Gotto boiled it all down in terms of taxpayer risk in a way that I found dead on. Victor Tyler's comment about how May Town might look like the Emerald City in the Wizard of Oz provided a visual analogy that certainly seems worth considering. Judy Cummings did a great job exploring many of the development issues. Phil Ponder, Tonya Jones and Derek Dalton all made great comments. District 23 resident, Andree LeQuire was wonderful as she explained that the necessary number of bridges would likely ruin all that preserved land promised. It was a real dose of reality.

May Town Center offers a great opportunity to consider what economic development means to Nashville. It is also a great opportunity to examine how this divergent path being proposed will impact the rest of the city and alter long held assumptions about our development. It gives us a great opportunity to talk about what we want from our economic development policy. What is our product? Are we just Cool Springs with a river? Or, are we something completely different? Or, is economic development something we just outsource to developers and property owners (as we largely did in the Antioch area) without regard to an overarching vision?

Being the smart constituents you are, I am betting you have some answers for me.

English First, Only, Whenever...Whatever

2008-08-08T17:58:00.007-05:00

Last night we got to vote on a memorializing resolution from CM Steine asking voters not to return petition cards in support of the English language charter amendment and not to vote on it when it appears on the ballot. The first part of that respectful request was moot. Everyone pretty much understands that the proposed charter amendment is headed for the ballot. Last I heard they had more than the necessary 10,000 signatures.

The second part of that resolution was to ask voters to press "no" when the measure does appear at the ballot. The resolution spells out some likely outcomes if the charter amendment were to become law. The Mayor came and made a nice appeal for the resolution and it passed with 25 votes including mine.

The debate last night swirled around what exactly the charter amendment would do. CM Crafton insists that he is just trying to express the importance of the English language as the "success" language. He wants to ensure that no one will have the right to insist on the delivery of government services in any language other than English. On the other side of the debate was a lot of talk about lawsuits and hostile messages.

CM Crafton is right about one thing. English is becoming more and more the language of government and commerce. A short time ago - like when I was in high school - French was considered the language of diplomacy and international business. Today that language is English. Pretty much the only people that speak French live in France and her tag ends of an empire. The demise of that beautiful language was brought about largely by the French themselves who insisted on legislating it to death. While the words burrito and plaza and charrette have insinuated themselves into our daily lexicon, the French have been known to ring their hands about whether or not "Le Weekend" was acceptable.

I am just not sure the Metro Nashville charter will have quite the influence of the Academie Francaise. For starters, the United States Constitution which was written for the express purpose of making sure Americans avoid the tyranny of the French and the English renders much of the debate over the charter amendment moot. The First Amendment gives everyone the right to speak with no restriction on their language. The Fourteenth Amendment makes sure that law is applied equally to all regardless of what language they prefer.

I am no lawyer but I suspect that the First and Fourteenth Amendments will give Metro lawyers a good deal of latitude when applying the proposed charter amendment. To that end, I imagine that regardless of what happens at the ballot box, most Metro departments will continue to provide services in whatever language necessary. If Metro does so, it will not be a repudiation of the voters' will but a recognition that, when we take an oath of office, the very first document named under our protection is the United States Constitution.

The people who return the little blue cards for the English charter amendment do so with hopes that may not be realized. They hope for reformation of our immigration laws even though the Metro Government has not traditionally been consulted about the security of our borders. The states of Arizona, California, New Mexico and Texas don't seem to think they get consulted either and they actually have the privilege of both state and international borders. Immigration reform is long overdue but it won't happen because we changed Nashville's charter.

They hope that people with nice tans will stop speaking a foreign language in their neighborhood. Nashville has long experienced unemployment rates below the national average. Our need for labor and the desire of workers for a paycheck has altered the face of our workforce just like it did around the turn of the last century. Charter amendments have little influence over economic reality.

So, I suspect, when all is said and done very little behavior will change as a result of this charter amendment with the possible exception of Janet Miller's. Janet is the Economic Development Director for the Nashville Area Chamber of Commerce. She gets to go visit people who run big international companies like Nissan and ask them to move to Tennessee. She gets to sit around a table of people who probably speak 10 different languages and explain to them that, even though we think they should speak only English in Nashville, we still really want them to bring their multi-billion dollar company here. Fortunately, Janet really thinks on her feet.

Economic Development - What's the Plan? Where's the Plan?

2008-07-22T15:42:00.013-05:00

Land Use decisions have long been the sole province of Metro Council members. Mayors have usually stayed as far away as they could from what they perceived as neighborhood squabbles. Most Councilmembers revel in the community face time and the opportunities for grass roots contact that solidify their relationship with constituents. Theoretically, land use approvals are supposed to follow general and specific community plans that are derived from some consensus about how we want to grow and develop.

The community plans get the most attention from residents and councilmembers. These plans lay out what is going to happen and what should not happen in your neighborhood. So, you care. Boy, do you care. You turn out by the hundreds to share your vision. You probably have never shown up for a meeting on the general plan, however. The general plan sets out long range plans for transportation, sidewalks, parks and other pretty technical stuff that is important but relates to your average Nashvillian in the most tertiary way. The general plan identifies what we need to be a liveable, economically viable city.

What the general plan does not do - at least not to the extent it should - and what they May Town Center debate has made clear is that the general plan has no over-arching, city-wide plan for economic development. We have a terrific director of the Mayor's Office for Economic Development, Paul Ney. He is ably assisted by Charlie Williams who served us well on the Board of Zoning Appeals and knows something of land use. But the Mayor's Office of Economic Development has long been transaction based, focused on attracting and retaining individual businesses. The Chamber of Commerce gets what needs to happen fundamentally to keep and attract business. They have focused their attention recently on our school system whose failure is the single biggest deterrent to economic expansion.

Contrary to the testimony last night, there are a good number of parcels that exceed 50 acres in Davidson County. Fifty acres is the amount of land necessary, supposedly, for a "corporate campus." My search turned up about 710 properties. Some of those are occupied but quite a number are classified as vacant or rural. Interestingly, there appear to be a few on this side of the river, not terribly far from the "executive housing" that apparently is another way to say the 23rd District.

Let's take Bellevue for example. What if, instead of re-zoning over and over again for single family and town homes, we had instead identified areas for corporate campuses? Bellevue has many of the things that corporations want - a great elementary and middle school, reasonable house prices, and access to "executive housing." That isn't a criticism of the Council representatives for that area who I like and respect They were just responding to market forces in the absence of any cohesive strategy for economic development and land use. Had there been a strategy, I think we would see a vibrant Bellevue Mall with shops and restaurants there to serve the Bellevue community.

Instead, we decide our land use needs for economic development in a reactive manner. A land owner or speculator brings in his notion of what this city needs and we all run after it like children chasing the ice cream truck. We cry about our need for tax revenue without any empirical evidence or analysis. We yearn for sales tax revenue from high end retail without regard to whether or not the local income levels will even support it. Probably the most egregious example of our attraction to bright shiny things is Metro Center.

There are exceptions, of course. Our dedication to our urban core and the east bank demonstrates that we can consider economic development in land use planning. Much of that success has to do with MDHA which acts as a coordinating entity. But they can only operate in redevelopment districts and are dependent on the presence of "blight" for their legal authority. No one is prepared to declare Bellevue or Joelton blighted. We aren't even sure we can call most of downtown that with a straight face.

Williamson County is "eating our lunch" in terms of corporate relocation's because they have a very different political structure that enhances their ability to coordinate land use and economic development to their benefit. It has a small board of commissioners and a county mayor who can work jointly on land use plans. The speed and effectiveness with which they move is only enhanced by their jaw-dropping indigenous wealth and the reputation of their schools. (Note to Tony G: They aren't wealthy because someone built Cool Springs. Williamson Co has outranked us long before the mall opened)

So, what are we going to do? I wouldn't have spent the better part of this rainy day on this blog post if I didn't have a few ideas. So, here goes:
1. We need a General Plan. It is almost 10 years old. $250,000 stands between us and a proactive approach to land use and economic development.
2. Mayor's Office of Economic Development must be a stakeholder in the general plan. Being a stakeholder doesn't mean they get to tell everyone what to do but they should have a seat at the table.
2. The general plan should articulate broad goals for economic development. What kind of businesses do we need? What kind can we attract? How large? How small? What incentives do they need?
3. Those broad economic goals should be introduced, discussed and incorporated as appropriate in community plans.
4. The Mayor and the Economic Director need to work closely with Councilmembers to encourage zoning and entitlement changes that are compatible with the economic development strategy.

So, that is my suggestion for making lemonade out of May Town lemons.

More News on Schools From the State

2008-07-17T20:40:00.003-05:00

The fruit basket turnover from the State of Tennessee Board of Education continues. We have new principal assignments for HG Hill Middle and Hillwood High School. Connie Gwinn who is now the Assistant Principal at Margaret Allen will be in charge at HG Hill Middle. Some of you may recall that Connie Gwinn was at Brookmeade back in the day when it was such a great school people would lie about where they lived so their kids could attend. Sadly, back in the day was only about 7 years ago. Hillwood High School will now be led by Steve Chauncey who comes to us from Brick Church. I gather that Steve Breese will remain as principal at West Meade Elementary.

For those of you on the Hillsboro Cluster side of the highway, there appears to be no change in leadership at Julia Green. Rita Larue-Lucas will be a new Assistant Principal at Hillsboro High and Andy Poston will be the new Assitant Prinipal at JT Moore.

Based on comments from parents, these changes appear to be welcome. The State of Tennessee continues to hold the reins tight which is, to say the least, a bit humiliating. But being humiliated for keeping our collective heads in the sand all these years is probably exactly what we deserve. Whether the such intervention pays off remains to be seen....

The MNPS Organization Chart

2008-07-14T13:19:00.005-05:00

Pursuant to the post just below, here is the state sponsored organization chart. Please note it is incomplete and does not include the whole organization. It does include those areas Connie Smith discussed last Tuesday.

Who is in charge?

2008-07-11T15:57:00.004-05:00

I got around to watching the re-play of Tuesday's school board meeting last night. You have no doubt read a great deal about that evening. Most of the column inches have been dedicated to the vote on the student assignment plan (aka school re-zoning). Of less interest to those who tell the stories was the presentation by Connie Smith, formerly from of Toad Suck Ferry, Arkansas and now hailing from the Tennessee State Department of Education.

Ms Smith had the floor for over an hour at the beginning of the meeting where she presented all the organizational changes to the central office. What struck me about her presentation was that it was her presentation. Ms Smith from the State of Tennessee told us who was going to be working for Metro Schools in the central office. While the results of the reorganization have been described as collaborative - and I have no doubt they were - the changes were not delivered by School Board Chairman Marsha Warden or Acting Director Chris Hensen.

So, worry all you want about school board elections and their occasional vote but you are probably wasting your time. The State of Tennessee is in charge on Bransford Avenue.

School Re-Zoning Summary

2008-07-09T16:44:00.002-05:00

Well, there has been a bunch of press on this already but I thought I might just take a look at the plan and summarize the basic points that affect the Hillwood Cluster.

Hillwood High School, HG Hill Middle and West Meade Elementary will be, effective in 2009-10 school year, choice schools for kids who reside in the Pearl Cohn Cluster. Put another way, if you live in North Nashville you will have the choice to attend your zoned schools in the Pearl Cohn Cluster or attend schools in the Hillwood Cluster. If you choose the Hillwood cluster, transportation will be provided as it is today.
If you live in the Hillwood/West Meade/Bellevue area you will have to attend schools in the Hillwood cluster.
There is a disclaimer that transportation for kids choosing Hillwood schools must be viable - meaning there won't be transportation if too few children select Hillwood over their zoned schools. Transportation priority will be given for schools that lack diversity - Gower, Harpeth Valley.
Brookemeade Elementary will cease to be used as a school and instead will be made available for other instructional uses.
Under the school re-zoning plan, capacity will be affected. West Meade Elementary is expected to go from 330 to 370 kids in a building with capacity for 415. HG Hill will go from 521 to 488 kids with a capacity for 585 kids. Hillwood will go from 1406 to 933 for a building that holds 1745 kids.
Although MNPS has suggested capacity figures, we really don't know how many kids with a choice will choose Hillwood. I expect that in the early years, the number will be higher. If the resources that are supposed to be applied to Pearl-Cohn yield good things, more children may choose to stay in their zoned school closer to home.
The school re-zoning plan indicates that neighborhoods in the Hillwood cluster are "ripe" for development that will increase the student population. MNPS folks apparently haven't been to a zoning community meeting here lately. Seriously, as I have said before, one of the biggest barriers for Hillwood schools in this district becoming neighborhood schools is the sheer lack of children. The population is older. Many people are affluent enough to afford private schools. There are a number of strong church based schools in the area.
We could very well be looking at school closings if we don't see a shift in the local demographics.
This plan's success is also predicated on providing the transportation promised, applying some very serious financial resources to schools with high concentrations of poverty and carefully monitoring results.

Hope this helps boil it down. Let me know if you have any questions.

Public Comments on Update to Strategic Sidewalk and Bike Path Plan Due Monday

2008-06-29T18:08:00.005-05:00

Thanks to all of you who engaged yourselves in reviewing the update to the Strategic Plan. Big shout-out in particular to Alan Dooley in the Warner Parks Community where they take their lives into their hands everyday just to walk to the park after which their neighborhood is named.

Before I share with you my comments to the update, let me provide a little background information. The Strategic Plan was first created in 2003 as way to identify the most appropriate locations for sidewalks and bike paths and repair and replacement needs. Prior to completion of the Strategic Plan one or both of the following things happened with respect to sidewalks and bike paths: 1) We didn't build them; or 2) We built them when the Council man or the public screamed loud enough. Neither of those things demonstrated sound public policy or open and accountable use of public money.

The Strategic Plan has been criticized by suburban Council members because their communities were so far down the priority scale, they didn't see sufficient benefit of the plan or the resources to which it was attached. Urban Council members were also frustrated by the speed at which sidewalks were repaired and the way priorities were balanced between repairs and new installations. Most of the problem was inadequate funding not the plan. But, on the balance the Strategic Plan represented a step toward understanding the need and beginning to address it.

Newly minted Mayor Dean rightly called for an update of the 5 year old plan. There were 4 community meetings around the county and the results are published at http://www.civicinc.com/MetroStratPlan/ProposedUpdatesSPSB_5-30-2008.pdf

So, here are the comments I sent to Jim Snyder at Public Works:

Dear Jim:

Below please find my comments to the 2008 Sidewalk and Bike path Plan Update:

1. I do not think that the Pedestrian Generator Index gives sufficient credit for commercial nodes in suburban transect. I fully appreciate that sidewalks in the urban, center and core transects with their population densities probably provide more public benefit on a per capita basis than those in the suburban transect. However, I think there should be an effort to create more parity between commercial nodes in the city center with those in the suburban areas. As the PGI is currently configured, sidewalks in the urban areas will continue to take funding priority over those in the suburban areas.

2. It needs to be a major goal of the sidewalk plan to provide sidewalk connectivity to all transit stops up to 1/4 mile. There is no other pedestrian generator that makes walking pretty much mandatory. I would exclude park and ride type nodes from this analysis.

3. I think the decision matrix should include consideration of those sidewalks that can be built more cheaply than others. I realize we affix a linear foot cost but we all know the full blown curb and gutter, storm drain arrangement is more costly than the more environmentally sensitive design you and I have discussed for Davidson Road.

4.. I think including public schools in the trip generator but not private does not make a whole lot of policy sense. We certainly don't distinguish between public hospitals and private hospitals or between public community centers and private community centers. We should not distinguish between private schools and public schools.

5. I think when applying a trip generator factor to a particular area, you need to have a tool to determine if that destination is actually accessible. A commercial node within a 1/4 mile of neighborhood separated by an interstate should be thrown out of the data set immediately. (see Belton, Shiloh)

More generally:

The plan is nice but needs to be incorporated into the complete sidewalk plan. The public and Council do not need to consult multiple documents to figure out what the plan is.

Chapter 3 of 2003 Plan should be updated for new facilities.
Chapter 6 should be updated for changes in costs, etc.. There also needs to be a capital plan for sidewalks as part of the overall Strategic Plan. Capital plans can be monitored semi-annually and changed as funding changes. The capital plan should distinguish between funds for maintenance of existing network and money to expand the network.
Public opinion surveys from the update should be included in the Appendix.
A major goal of the plan should be to manage expectations of the public and hold Metro accountable.
There should be a section on design that addresses use of the green infrastructure that is eventually going to be mandated by the EPA if they have their way and which, by the way, will make Nashville more beautiful.

Thanks for all the hard work. I know we shall have a great update when all is said and done.

Regards,

Emily Evans

Don't be gone too long, Bill

2008-06-24T21:23:00.005-05:00

Harvard University, one of the oldest universities (for men) in the United States, has asked our Bill Purcell, our former Mayor, to be the new Director for the Institute of Politics at the Kennedy School for Government. (I say oldest university for men because I attended the college that has educated women far longer than Harvard. Mount Holyoke opened its doors in 1837 and Harvard got around to admitting undergraduate women in the 1970's. What's a 130 years amoung friends?)

First, let me say that I find it ironic that a college in Cambridge, MA recognizes what some in Nashville cannot; that Bill Purcell is a dedicated and devoted public servant. OK, I know, if you are a lobbyist or a lawyer or a public finance banker you probably found him frustrating to deal with. While I never witnessed it, he apparently had a pretty prickly personality at times. (Truth be told, I spent a grand total of 30 minutes in Mayor's Purcell's presence while he was in office so I don't have the personal experience of some)

But ask yourself this: if you had only to concern yourself with whether your tax dollars were being spent in the most transparent way possible with the greatest level of accountability would you not agree that Purcell left the Metro government better off than he found it? Did we have community based, consensus driven land use plans before Purcell brought Rick Bernhardt to Metro Planning? Did we have a plan for sidewalks and bike paths? Did we have a master plan for our parks system that rocked the Kassbah?

The answer is that most of the time we didn't have a plan. In those cases where we had plans we didn't develop them through broad based, grass roots input. In those old days of Metro, we formed a committee just like good Presbyterians. The sub-area plan for my district was created by a committee. It looks like a nice group of prominent people there on the front piece. But, I'll take my regular old constituents who take time out of their day, to show up at a community meeting, to talk about how they think our area should grow and develop over any committee of prominent people any day.

I realize that plans can be a bit of a downer for some. If we write a plan and we can't stick to it, well that might make us look bad as politicians and bureaucrats. That is somewhat true. When we develop a plan, whether it be for Parks or Public Works or Library or Police we need to be realistic. We all know that funding is the great wild card. But even when we aren't sure exactly how much money will be available, should we not have some sense of priorities, some direction, some way to express to our constituents where we are aiming?

I think when you look at the Purcell legacy that way, you will find more courage, more dedication to the people (not the committee) of Nashville than perhaps we have given credit.

So, don't be gone too long, Bill. And, if I failed to mention it before, thanks for all you did.

Metro Budget...I have lost count...Planning, Library, Parks

2008-06-04T21:00:00.006-05:00

Thursday afternoon we had an interesting budget hearing. First up was Metro Planning led by Rick Bernhardt. I have already written about Rick's community based planning methods. Having held a number of land use related community meetings that hundreds of people attend, I stand by my belief that the staff of Metro Planning does their very best to encourage development that adheres to broad based community expectations. My constituents are known to give standing ovations to staff members. I realize that they don't make everyone happy but I also realize that those who pay taxes have an equal claim on the time and resources of this department as those who seek to expand the tax base.

Rick's presentation focused on many of the challenges that lay ahead, including higher fuel costs. Planning's budget will be cut 3.94% - $4,034,000 to $3,874,900. In 2007 Planning actually spent about $3.9 million. Planning staff are mostly contract employees so the Director is not bound by the "last in first out" typical for civil service employees. To "minimize" the impact Planning will be laying off two senior employees. Otherwise the budget impact would be a staff reduction of 4. In any event, staff in FY2009 will be lower than in any year since 1968. Seeing as planning and development is one of the most significant concerns of residents of the 23rd district, I would say that this budget cut will be meaningful.

The precious Library was up next. The budget will be cut from $21,377,200 to $19, 981,900 or 6.53%. The major program changes are the elimination of the bookmobile services and a reduction in hours for the Donelson, Looby and Pruitt branches. In all 13 positions will be eliminated. Our library is a jewel but we are running a $25 million dollar a year system on $20 million. Director Donna Nicely tells us that FY09 will be used to develop a strategic vision for our system. I cannot wait.

The Parks department was up next. Parks is another jewel but it is taking a pretty big budget hit. Total appropriation is being reduced from $35,431,000 to $31,375,600 or 11.45%. At total of 76.49 FTE (Full time equivalent) employees will be eliminated from the budget. The layoffs sound much worse than they are. If I understand correctly, the Parks Dept stopped filling vacant positions some months ago. So, those who have jobs will keep them but there won't be a whole lot of hiring going on. Yes, the Warner Parks walk on course will still be closed December, January and February. Hours of operation will go to 4 days a week, 10 hours a day.

Find it all right here

2008-05-29T12:42:00.003-05:00

Bruce Dobie, former Nashville Scene editor, sent me an email the other day asking if I would put this widget on the 23rd District blog that provided events and activities listings. Thinking this might save me from keeping up with events around town and the district, I agreed.

Look to the left and you will see a calendar. Pick a date, click on it and there you go. Pretty neat huh?

Thanks, Bruce, for the suggestion.

Rapid Rewards

2008-05-28T07:22:00.003-05:00

I have one graduating from 6th and one from 8th providing Sweetie and I with a little overexposure to what appears to be the mandatory school awards program. You know what I am talking about - the principle breathlessly announces achievement awards for the best science student, the best history student, the best pole-vaulting, hula dancing, English student and my personal favorite, the most-popular-with-the-faculty-student, all the while reminding us that the kids that don't get awards are great too. Awards programs appear to be de riguerur each spring but I don't know why.

Let's stop right there and defuse your "sour grapes" weaponry. I did get a number of awards - mostly in science - until my parents sent me to a school that firmly and politely refused to rank class members, provide GPA's or award anyone for anything that they were there to do anyway. For the previous 9 years my parents had refused to pay for the number of A's my brother and sisters got. My dad insisted that the A was the reward and money would only debase the achievement. However, he did have grass that needed mowing and windows that need washing and he would gladly pay us for that. (I am pretty sure there was a strategy there that had nothing to do with dad's philosophy on grades.)

What do we teach our children when we single out one because they are a particularly good math student? or English student? or well liked? Will the good math students want also to be good English students? Will the English students want also to be good math students? Will those that are well-liked learn to tolerate being unpopular? Or will they continue to try and excel at the things they are already good at rather then try something new?

Success is a wonderful thing and there is no shortage of it at most awards programs. We learn from our success. But, there is no award for the kid that tries and fails. Yet, failure is a much better teacher than success. We learn to ride a bike by falling off. After many tries, we find we can fly down the street at warp speed. There is no reward for that except that we learned to ride a bike. So, perhaps the reward for being a good history student could be knowing more history or the reward for being a good math student could be a better understanding of numbers. Of course that might make awards presentations obselete. Now there's an idea....

Metro Budget VI - Fire and Police

2008-05-24T09:08:00.004-05:00

Hearings were held on Thursday for Police, Emergency Communications, Fire and EMS.

Police is headed by one of the biggest men I have ever seen, Ron Serpas. The 23rd District does not have the crime we find in other parts of town. Mickey Miller and the west precinct do a pretty outstanding job. As a result, I have not had to develop the close, personal relationship with Chief Serpas that CM Jameson has. (Mike once declared that Serpas is so popular with the 6th District that the Chief could bite the head off a kitten and everyone would still think he was great.)

Police is budgeted for $142,158,300 for FY09. That appropriation represents $4.2 million or 3.26% less than last year's budget. However, police actually spent $141,398,971 in FY07 so budgeted for FY09 is a bit more than actual expenses in FY07. To put their budget into context, the budgeted appropriations for the last few years are: FY05: $122,9235,500 (actual was $121,292,780), FY06: $130,222,050 (actual was $129,806,301); FY07: $143,693,530 (actual was $141,398,971), FY08: $146,951,700 (actual will not be available until late fall but if it follows the trend, they should spend about $144 million).

Emergency Communication Center: ECC was formed in 2002 in response to concerns about redundant emergency call centers. People calling 911 could have a police, fire or medical emergency. Before the creation of ECC, callers would be transferred to fire emergency communications after calling 911. When calling 911, getting transferred is not what you are looking for. So, ECC has the ability to take calls and then dispatch the appropriate service.

There have been a few growing pains as the various emergency communication systems were integrated and the prior director was not the Council's BFF. But, Duane Phillips, serious police veteran, has agreed to take the helm and folks have some pretty high hopes.

The ECC budget has resided under the classification of Law enforcement until FY08 when it was moved to General Government. Budgeted for FY09 is $12,068,200 down 4.39% from $12, 621,800 in FY08. Budgeted for FY07 was $12,575,000 (actual was $12,137,692); for FY06 it was $12,126,400 (actual was $11,728,313) and FY05 was $11,253,896 (actual was $11,083, 675).

Fire: Fire protection presents most armchair budget analysts with a real conundrum. When a city pays for Fire service they pay for what they need each and every day plus what they need if something bad happens. Unlike most city services, there is a great deal of excess capacity. There has to be.

Because we must pay for excess capacity in fire protection, it takes a little bit different analysis when looking at their budget. For example, in most departments, heavy use of overtime is considered a sign of under-employment and bad management. Fire protection is different. Fireman and EMS are paid for two things: to fight fires and respond to emergency medical situations AND to be available. Put more simply, a fireman will spend part of his day responding to emergency calls and part of his day being available to do so. When available, the fireman might clean and check equipment, he might complete necessary paperwork, he might cook for the rest of the shift and he might relax, watch TV and read. How a fireman spends his time when not actually answering emergency calls is not as important to the taxpayers as the fact that he is trained, ready and available.

The most efficient and cost effective way to deliver the needed capacity is through overtime. Paying for overtime instead of hiring more employees means we keep our benefits expense down. Benefit expense generally inflates employee compensation by about 30%. Fire's proposed budget for FY09 is $107, 367,200 down 4.11% from $111,964,500 in FY08. The FY08 number needs to be adjusted for a supplemental appropriation of $1.6 million for overtime expense. If you take that into account then Fire's budget is being reduced over 5%. In all, overtime expense for FY08 was about $4.6 million. A similar amount will be budgeted for FY09 and other areas will be reduced to accomodate this expense.

There was and has been for some years, a good deal of debate about the distribution of management positions in the department which leads to charges that it is "top heavy." There are, according to the budget book, 61 people who fill the slot of Chief, Deputy Chief or District Chief. There are 1,184 employees. So, the management makes up just 5% of the total. If we add Fire Captains to that analysis, then the total administration ranks is about 246 or about 20%. In terms of standard management practice, that distribution does not seem too out of line.

Next week we have Planning, Library, Parks and the Election Commission.

Nip That Idea In The Bud, Please

2008-05-19T08:37:00.003-05:00

I love mass transit. I prefer it to driving my car. In fact, I didn't buy a car until we had children. But, I love safe, clean water even more. Humanity survived for eons without public transportation systems but won't last three days without water.

Given that ordering of priorities, I think Mr. Grimstead should rethink his notion that we should raise water and sewer rates to pay for mass transit. Robbing the water and sewer enterprise fund to pay for general fund purposes is a violation of state and possibly federal law. It is also terribly public policy.

Laws in this state and elsewhere tie the rates of water, sewer and stormwater systems to the costs of providing those services for a really good reason. Clean water is essential for human life. Our ability to produce clean drinking water is dependent on a properly funded system that regularly maintains and improves its infrastructure. Sewer pipes that break and leak raw sewage into our streams and rivers is not just an environmental issue it is a public health and economic threat.

I can go on and on. Well, I have gone on and on here, here, here and here. Also, S-town Mike has become a real expert on the subject as well.

Metro Budget V - Finance

2008-05-16T17:02:00.007-05:00

We had another budget hearing on Thursday. In to see the Metro Council was the Sports Authority, Municipal Auditorium, Convention Center, Metro Legal and the Finance Director. Most of the presentations were pretty mundane, so I'll limit this post to the most important one, Finance

Finance: Finance is headed up by Rich Riebeling. Rich and I have the same professional background and I have known him mostly through his work with various government clients for years. Plus, his in-laws are constituents and friends. In this budget, Rich switched from funding Finance mostly through Internal Service Fees to a direct appropriation from the general fund. As I have said before the difference between funding a department through Internal Service Fees and through a direct general fund appropriation is real "inside baseball" and probably not of much interest to the average citizen. So, last year, Finance received $14 million from Internal Service Fees and direct appropriation. This year the amount will be $11.2 million or a 20% reduction.

Much of this reduction will be accomplished through the transfer of the Real Property Services department to General Services except for some Public Property officials who are required by the charter. A total of 9 positions will be eliminated.

Another change in this department worth noting is that the Finance Director has made a decision to eliminate something called "budgeted savings." Like Internal Service Fees, most people don't know or care what budgeted savings is. At the State of Tennessee, they refer to it as over-appropriation. Basically, it is a performance tool and a budget policy which recognizes that, given an appropriation and a budget, most departments will never spend exactly what they are budgeted without considerable collusion and an effort to "use it or lose it." Most departments will spend less because it is impossible to predict the retirement, resignation and transfer of government employees with complete accuracy.

Budgeted savings is also a way for an executive to communicate expectations and performance. In procurement, for example, budgeted savings are a mechanism for evaluating the performance of the procurement and purchasing effort. So, how well they do their job can be expressed in how much money they save the taxpayers. Governor Bredesen is using budgeted savings to deal with revenue shortfalls mid-year and to balance the budget next year. He is using it as a tool to communicate belt tightening across the bureaucracy.

Finance Director Riebeling has determined that "budgeted savings" will not be used for FY09. I gather there was some frustration because budgeted savings targets have not always been met. Overtime at the Fire Department has been a significant bugaboo in this regard. I also gather that removing budgeted savings is an effort to allow department heads more autonomy. The success of this initiative will probably be measured by the need for supplemental appropriations. If there are no requests for supplemental appropriations, then it worked. If we see department heads asking for more money because they aren't able to make budget, we will know that it didn't. We will also know if it worked if we do not see spikes in spending at the end of the fiscal year. Before budgeted savings or over-appropriation became the norm in US government budget policy, department heads would spend off excess budget money to avoid returning it to the general fund.

Another change in the Finance Department is the elimination of the Results Matters program. Results Matters is a Performance Budgeting program that attempts to tie the performance of a department to their budget. Seems pretty reasonable to me and it has garnered the attention of the Government Finance Officers Association (GFOA) and made mention in a recent edition of Government Review. Unfortunately many department heads did not like it. They had trouble understanding how questions of customer service and satisfaction fit into their function. Some found it to be too much busy work.

Truth be told, no performance management program will ever serve as a substitute for sound and committed management. It is important to remember, however, that department heads cannot be fired with the ease found in the private sector. Most enjoy civil service protection. To complicate matters even more, many of our department heads are employees of a Board or Commission which makes the final determination on employment. Given the job security many department heads and deputies enjoy, the usual incentives for job performance are not as prevalent as they are in the private sector.

Performance measurement, like Results Matters, is an effort to communicate expectations and evaluate performance in the context that is most important to department heads - annual appropriations. The budget book would contain goals and services of the department and then the various impact certain budget decisions would have. This year's budget book was a bit of a mess. Many goals were outdated, incomplete or irrelevant. So, the whole purpose of Results Matter was defeated this year.

Mr. Riebeling told us that they would do better next year. Even if Results Matter is eliminated they will look for tools to accomplish the same goals.

More on Metro Budget

2008-05-07T14:04:00.004-05:00

I made the last budget hearing a bit late, in time to catch the Hospital Authority and Social Services.

The Hospital Authority isn't really a budget hearing because we don't review their budget. We do authorize an annual subsidy. The amount of that subsidy is expected to be about $47 million this year. The presentation by Dr. Coopwood was good. He had with him his new CFO who I think will do a great job. General Hospital has for many years been a community hospital and an indigent care hospital. In 1994, General Hospital was relocated to the old Hubbard Hospital on the Meharry campus. Metro entered into a capital lease agreement whereby Metro agreed to pay Meharry $4 million a year for 30 years. Thus, General also became a teaching hospital.

In 2002, the Hospital Authority entered into a Management Services contract with Vanderbilt University whereby Vanderbilt manages the Hospital Authority and provides the services of certain management personnel (like Dr. Coopwood). The Hospital authority pays VUMC just about $1 million a year for their services. The agreement stipulates that 50% of all operating surpluses would go to VUMC and that Metro will pay an operating subsidy to the extent necessary. So - and not to suggest anything here at all - Vanderbilt University Med Center gets 50% of the upside (there isn't any) and none of the downside. Metro gets the downside.

The operating subsidy for FY06 was $44 million but it shows on the books at $94 million because of the forgiveness of certain indebtedness. In FY07, the subsidy was $49 million. This year's proposed $47 million is a small decline from last year of about 5%. Testimony from Dr. Coopwood suggests that they will make it work with the budget cuts. He and his staff appear dedicated, capable and compassionate.

I learned a few things I did not know. First, and perhaps most interesting, Bordeaux Long Term Care represents $12 million of the annual loss. This is peculiar to me because long term care is all insured either by Medicare or Medicaid. Unlike General which treats a number of uninsured patients, everyone at Bordeaux should be insured. Of course, there will always be quality of care issues when a facility does not have the proper mix of Medicare and Medicaid but the extent of the loss seems avoidable. Also of interest to me was the fact that Bordeaux's head count has been drifting up. In FY07 it was 499. In FY08 it was 512 and for FY09 it is projected to be 516 before the 5% reduction in the subsidy. At the same time, the average daily census has been consistently around 375 patients. Also of interest is the fact that the facility operates at about 89% capacity which is very good by industry standards but perhaps a bit low for Nashville given the fact that most facilities have waiting lists.

General has a number of enthusiastic supporters but much of the discussion raised more questions than provided answers. With the support of CM Maynard, General hopes to develop incentives for Metro employees to use the facility. But Dr. Coopwood said it was hard to determine how many of General's employees choose that hospital for their healthcare. So, if such a program were implemented Metro-wide, how would we know if it was successful? General has about 110 beds and operates at about 63% capacity so getting more paying customers in the door would certainly help.

Surprisingly Dr. Coopwood could not really articulate a vision and mission for the hospital. Is it an indigent care hospital? Is it a community hospital? Is it a teaching and research facility? Their answer seemed to suggest, to me anyway, that they would like to provide a full range of services like Vanderbilt or Baptist. I think to be able to compete with the kind of marketing muscle that organizations like that have in the city and the region is a very tall order. I hope they instead consider their niche and customer base and look for ways to serve them in the most cost effective way.

Next up was Social Services. Gerri Robinson is the beleaguered director. Most of her board quit a year ago and so they didn't meet for about 8 months. There was much dissension over providing her with a raise. In 2004 an audit was conducted that said Social Services should become a planning and coordination organization and get out of the direct services business. Ms Robinson was hired after that audit was done presumably to implement its recommendations. Social Services did much of what was recommended and then stopped. So, while the audit recommends a head count of 35, there are still 98 employees. The balance of employees are resisting efforts to further decrease the employee count. While they would likely find jobs with outside vendors charged with providing the same services, they may not have the same salary and benefits.

To balance her budget Ms Robinson decided not to cut any positions even though she has more employees than she should and instead decided to eliminate a summer camp voucher program for needy kids. Yes, that is what I said. I thought it was a poor decision and reflected a certain like of sensitivity to other Metro employees who are experiencing demotions, lay-offs and transfers.

Ah Clint, Where Is The Love?

2008-05-03T13:02:00.005-05:00

Clint Brewer at The City Paper pens some of the best editorials. None of that "we can see it that way or this way" arguments. He calls 'em like he sees 'em and I find that refreshing. He strives to know and understand local issues and bring attention to things (like my favorite, infrastructure funding) that are often ignored while the trivial and meaningless occupy front and center. He understands that often the choice is between bad and worse rather than good and bad.

Now, that doesn't mean I always agree with Mr. Brewer or that he is always right. In one monumental lapse in judgement he endorsed my opponent in one election (but got it right in the next.) On Friday, Mr. Brewer put out one of the most comprehensive arguments in support of a challenge of the recent charter amendment that calls for public referendum for property tax increases. While ultimately concluding that the property tax charter amendment was a poor idea, Mr. Brewer appears to suggest that the idea would never had gotten legs had the Metro Council not been so greedy about pet projects. He further suggests that Council won't do a thing to correct the situation because it is so "rudderless."

As to the first charge, a think a guilty plea is in order. Discretionary infrastructure funds were given out by Mayor Bredesen for each Council member to spend in their districts. This funding turned Councilmembers into mini-Public Works directors as they decided how the money would be spent without regard to public policy or capital planning. As I understand it, this discretionary money was meant to appease those Councilmembers who perceived occasional opposition to the Mayor would keep the yellow trucks out of their districts while the pot-holes swallowed cars, pets and children.

Mayor Purcell did not favor the notion that the public's money should be spent without some justification supported by empirical data. His administration spent oodles of time and money on audits, studies and community meetings. In one of the those ironies that characterizes American politics, Mayor Purcell, even with all that data to back him up, was often accused of withholding infrastructure dollars for the less favored. In response, the Council Initiative Funds were born. Each Councilmember gave themselves about $50,000 to spend in their district as they wished. Well, pretty much everyone figured out that $50,000 doesn't go too far when you are talking about installing sidewalks and fixing roads, so the money ended up going to favored charities. Lousy public policy for sure.

As to the second charge of being rudderless, I would like to offer a defense. Metro Council today is populated with people who are experts in Human Resources, Information Technology, Land Use and Zoning Law, Infrastructure Funding, and Ethics, to name a few. We have in our ranks an accountant, a florist, a fireman and, of course, a lot of lawyers. Most of us work patiently and diligently through issues that affect our districts. Admittedly, much of this work does not happen before TV cameras or on the front page of the paper. It requires a good deal of persistence to sort through a web of Boards and Commissions and department heads to be effective.

I can think of no one on the Council that does not understand the major challenges facing Nashville. Where we disagree is on the solutions. Finding and developing consensus support for solutions to really big problems like our $1.5 billion unfunded post retirement benefits liability, our open-ended obligation to General Hospital, and, yes, even our new, over-dependency on sales tax receipts often means years of work. It also means coordination with the Mayor's office that controls many of the resources necessary for these sorts of long term projects.

Legislatures work best, in my opinion, when individual members develop an interest and the expertise in certain areas of government and work with their colleagues, department heads and the executive branch to develop policy changes. A legislature or an executive that wants everything or nothing to be their idea makes for 4 years of nothing but opposition. Instead, it takes a Mayor willing to listen and help with the priorities of Council and a Council that supports the Mayor's interests and does what it can to make him/her successful. All they while both must maintain their obligation to check and balance the other.

Clint, the only thing I have ever done in 9 months that was really important was have a baby. So, give us a bit more time and let's meet back here in 3 years and see how we did.

Please Don't Obsess Over Your Property Tax Rate - It Doesn't Mean What You Think

2008-04-28T20:29:00.002-05:00

Much ink has been spilled over the years in defense - or offense - of Davidson County's property tax rate. While pretty much everyone on both sides of the tax debate agrees that it is hard to hold a candle to Memphis - Shelby County, they often fail to consider that tax rates mean little unless you also consider assessed property values.

To simplify the analysis a bit, what I mean is that you can have a low property tax rate because the value of the property within a given political jurisdiction is high. That doesn't mean those property owners pay less. Quite the contrary, they may pay more. Similarly, you often see very high property tax rates because the property being taxed ain't worth a whole lot. Bottom line: property tax rates are only part of the story.

So consider this selective history: Davidson County had assessed property valued at about $7.8 billion dollars in 1984. Also in 1984, the property tax rate was $6.83 for $100 of assessed value. In 1989, assessed value had risen to $10.2 billion and the rate had fallen to $4.81 for $100 of assessed value. By 1999, assessed value had risen to $18.4 billion and the tax rate had fallen to $4.24. In 2008, the tax rate is $4.69 and the assessed value of all property is about $27 billion. (And of course it goes without saying that all the while the cost of running government continues to rise.)

We are heading into an assessment year when all property will be re-assessed by the Tax Assessor's office. So, how rates and property values intersect will again be widely discussed.
Hope this helps.

Metro Budget - III (you should really read this one)

2008-04-18T14:10:00.002-05:00

Yesterday we had another budget hearing. Appearing before the Council were MTA, Public Works and Metro Water Services.

MTA: The Metro Transit Authority is headed up by Paul Ballard. Paul has been at MTA since 2002 and represents, for me anyway, the new breed of department head. He has worked in the private and public sectors and brings innovation and imagination to MTA.

The MTA is facing some significant price shocks - chief among those is fuel. As a result we are looking at reduced service and higher fares. How services will be reduced and how high the fares will go will be determined by the MTA board. The subsidy provided by Metro will be cut to $16.9 million or 5.14%. One bright spot is that MTA will be offering the free smart card service to Metro employees. So, like Vanderbilt University, Metro employees will just swipe their smart cards and ride the bus. This is good for Metro because it allows our employees to save on transportation. It is good for Nashville because we put more people on the bus and less on the roads. I hope that the reduced service does not retard adoption of this service.

Public Works: Public Works is the face of Metro government. Every single day of your life you come in contact with the services they provide - from garbage pick-up, to street cleaning to pothole repair to brush pick-up. Nonetheless, they are taking a big budget hit. About 15% and 57 employees are enumerated in the budget book. The 15% would be worse were it not for the use of $3.9 million in reserves from the waste management fund. My understanding is that the 57 employee layoff won't be that large. Whether it is 57 or 47 or 40. That is that number of employees who lose their jobs, their health insurance, their family's security. Tis not something I take lightly.

The Public Works budget calls for reductions but not elimination of any service. Brush pick-up will go from 5 times a year to 3 times. The Public Works department will pick up the brush instead of the contractor we have used the last several years. Street construction program will lose 11 employees. Crews on garbage pick-up will be reduced. It will be tough but the director of Public Works assures us that the public will not notice the difference.

Water: There isn't much new here. I have written ad nauseum about this department. Here and Here and Here.The only news is that the Finance director indicated that rate reform is in the offing about 6 months from now. You may not like the notion of higher rates but consider the fact that were it not for some pretty sound management, your rates would have gone up a while ago.

Dummy's Guide to the Metro Budget - II

2008-04-13T08:52:00.003-05:00

I missed the budget hearing on Thursday. Sweetie had surgery so I have had to limit the schedule for everyone around here. I caught some of it on Metro 3 replay. Here's what is new:

Assessor of Property: The Property Assessor is the department that keeps track of all property in Davidson County. They know how much land you own and what is on it. Based on market value, they assign an assessed value and that is the basis for your property tax bill. You may have noticed the Assessor has gotten a bit better in the last few years fixing the fair market value of your property. You can thank the billions of bytes of information on building permits, comparable house sales and rezoning requests for that. The next mass re-appraisal will be in 2009. I doubt we are going to see the kind of crazy increases in market value we have had recently. (That is a good news- bad news thing. The lower property values, the higher the rate. If you look back at historical property tax rates, they were in the $5-6 range back in the early 1980's.) Anyway, the Assessor's recommended appropriation for FY09 is $7,406,200, a 2.41% decrease from FY08. This one should work out ok since the Assessor's actual (versus budgeted) appropriation was $7,230,729 in FY06 and $6,963,104 in FY07.

Trustee: Once the Assessor figures out how much you owe, the Trustee is responsible for collecting it. The Trustee's budget comes in at $2,035,700, a 7.5% decrease from last year. In FY 06, the Trustee's actual appropriation was $1,875,052. In FY07 it was $2,695,944. So, this budget falls somewhere between actual use of tax dollars in recent years. Now, some of that decrease can be made up by eliminating the credit card fee waiver for people who pay their property taxes at the Trustee's office. The Mayor's budget recommends that these "point of sale" fee waivers will be eliminated. I have heard from several constituents who found the fee waiver to be pretty dumb. Government is not like the local grocer who can increase his prices slightly and absorb the credit card processing fee. Your tax bill is the same whether you pay with a credit card or a check. Metro (or more accurately, other taxpayers), should not foot the bill for the convenience or frequent flyer miles of others. The Trustee plans on cutting two budgeted positions.

County Clerk: The County Clerk collects all other taxes - wheel, hotel and tourism, business, etc. The appropriation for the Clerk is $4.664,200, a 13.29% decrease from last year. I presume the point of sale fee waiver situation will also apply here. The County Clerk will cut 13 budgeted positions, 11 of which will be seasonal and part time employees. In FY06, the Clerk's actual appropriation was $4,356,097. In FY07 it was $4,648,857. So, this year's appropriation is a bit more than the Clerk spent in FY07.

Office of the Mayor: The Mayor's office general fund appropriation dropped from $4,108, 300 to $3,850,200 or 6.28%. Some of that cut will be made up through an increase in federal money. The Mayor's office actual use of general fund money in FY06 was $3,756,099. In FY07 it was $3,902,434. So, this year's appropriation is a bit less than FY07 actual appropriation.

Internal Audit: This department handles the performance and financial audits for the government. Some they do using in-house auditors. Some they do using out-sourced auditors. Basically, this department is the financial police. They make sure tax dollars are spent efficiently and appropriately. Last year, Internal Audit was funded through Internal Service Fees. This year, Internal Audit is being funded through a direct appropriation from the general fund. The difference, you might say, is real "inside baseball" stuff.

Before this year, Internal Audit was paid for by charging each Metro department a small amount of money. So, your tax dollar was sent to a Metro department, like Codes, then a portion of that dollar was sent from Codes to the Internal Service Fee Fund to pay for Internal Audit. With a direct appropriation, your tax dollar goes right from the general fund to the Internal Audit Department. Either way, it is still your money and how it gets to its stated purpose is of little interest to most people. All anyone cares about is how much of their money is being used and if it is being deployed wisely.

In FY08, $1,477,000 was allocated to Internal Audit using Internal Service Fees. In FY09, the direct appropriation is scheduled to be $1,434,200. So, the Internal Audit is getting a bit less of your tax dollars but apparently using them a bit more efficiently and so they are able to add 3 new positions.

Later this week: MTA, Public Works and Metro Water.

Dummy's (that would be me) Guide to Metro Budget I - Schools

2008-04-07T18:37:00.003-05:00

This will be the first in a series of posts on Metro budget. I hope this information will help District 23 residents understand what is in the budget and how it impacts our lives. MNPS had their first budget hearing at Council tonight. Here is what we learned:

First the good news. The Schools budget will be $627.2 million, an increase of $35.7 million over last year. The additional money will go to pay salary step increases for teachers ($4.6MM), 2% State Teacher raises ($5.2MM) Salary step increases for staff ($2.00MM) additional costs for opening new schools ($2.8MM) inflationary increases in stuff like utilities, etc ($2.8MM) and $7.8MM for subgroups which is our school system politburo talk for non-traditional education - special education, technical and vocational, etc.

Happily, the state is expected to provide about $9.5 MM more in Basic Education Plan money. That means less pressure on the local taxpayer. Happily also, this budget is being funded with no new tax increases. Also, on the good news front, Metro Schools reserves (like a savings account) have never been higher. We expect to start the fiscal year with $72MM in reserves which is almost 11% of budgeted expenditure. We have been able to build reserves because budgeted expenses have come in a little under expectations. (For the record, budget expenses rarely come in as written. It is impossible to be completely accurate because people quit, retire, etc in a way that you just can't predict with complete accuracy). Meanwhile, revenues have come in a bit higher than expected.

Now for the not-so-good-news. Over $19 million of the schools budget will be funded through spending reserves. This $19MM comes on the heels of $8mm of reserves we spent last year. If we keep this up, those historically high reserves won't last long. So, as it stands between this budget and last, we have spent $27MM for recurring expenses from non-recurring sources. An analogy would be that you raid your savings account to pay your electricity bill. You can do that once or twice, but if you do it every month you might run into trouble. Plus I am haunted by Pam Garrett's (Executive Director of Nashville Alliance for Public Education) who gave me a friendly but reproachful look after last year's budget and reminded me that spending non-recurring money for recurring expenses can lead to no good end. Pam is one of the smartest people in public education so I took her comments to heart.

Now to finish with some really good news. The Director of Schools, Chris Henson spoke at great length tonight about getting input from the schools themselves on how to improve and working to eliminate top-down decision making. This notion that the people that spend each day with your child are best equipped to decide what they need to get the job done is irrefutable and represents a cultural change that can only bring us good things. Chris also said that not every school needs the same thing. Another move to site based decision making that gives me great hope. So, give that man a medal, a pat on the back and here's hoping that either he is the next schools director or we find someone who thinks the same way.

Red, White and Food

2008-03-08T16:49:00.004-06:00

This is something I don't get to vote on but I bring it up as a way of making constituents in the 23rd aware. The Tennessee Grocers lobby has launched an effort to allow grocery stores to sell wine. The campaign is known as Red, White and Food.

You have to admit it is pretty stupid to allow beer in grocery stores but not wine. I like to cook and many of my favorite dishes require wine. It would be nice to pick up that cheap white or red for the stew when I am getting the other ingredients. It has been my experience, that few grocery stores have the shelf space to offer the range and diversity of wines a store like West Meade Liquors or Nashville Wine and Spirits offer. So, I doubt much will change. The wine stores might reduce their offerings of lower priced offerings like Gallo and Turning Leaf and perhaps expand by offering new labels. Grocery stores will get to offer their customers a little saved time.

You may disagree but don't call me. Call your state legislator. The 23rd is represented by Rep Gary Odom, Rep Beth Harwell, Sen Doug Henry.

All You Want to Know About Capacity Fees

2008-03-07T09:32:00.006-06:00

Today's Tennessean carrys a story about capacity fees that are hitting restaurants pretty hard. S-town Mike seems to also be a bit alarmed. Here's the synopsis of what is going on from the water budget egghead.

Capacity fees are not new. We have had sewer capacity fees since 1984. We have had water capacity fees since 2006. The sewer capacity fee from 1984 to 2006 was, I believe, $500. In 2006 we raised it to $2,000 and instituted a water capacity fee of $1000. A capacity fee does NOT go to operate or maintain the water and sewer system. It is a contribution to expansion of the capacity of the system.

The fee is based on water and sewer usage estimates according to state design standards. In other words, the state issues guidelines on how much water and sewer a typical house puts out, how much a typical restaurant puts out, etc as a way for cities to estimate how big their water and sewer treastment plants need to be. These guidelines are expressed as units of flow. A typical house is one unit of flow. A restaurant's units of flow will be variable depending on size so it is usually estimated based on number of seats. The bigger the restaurant, the bigger the units of flow and the more capacity the system must have.

We can pay for that increased capacity two ways. We can fold it into general rates and everyone pays a little bit. This makes some sense because we all benefit from a properly functioning water and sewer system. If we are unable to accomodate growth - whether it is a new subdivision or the conversion of a house into a restaurant, that would be bad for our tax base and bad for Nashville. The other way to do it is to only charge those that have an impact on capacity. We make the restaurant entrepeneur or the subdivsion developer pay into a fund to build additional lines, more pumping stations and larger treatment plants. This approach appeals to people who think those that have the biggest impact should pay. Both are valid ways to do it.

Metro Water, as I have told you before, has been under a great deal of budget pressure these past few years. They have been funding stormwater services without a dedicated revenue stream. They have had limited funds for extension, replacement and maintenance of the system. To avoid an overall general rate increase, the last two fiscal years saw the imposition of the "revenue enhancements." These revenue enhancements included such things as raising the late charge to $10 from 5%, revoking a bulk water discount for a few large users like Vanderbilt University, and imposing higher capacity fees.

Restaurants, because they tend to use a lot of water have been hit particularly hard by the capacity fees. Because restaurants also tend to be opened by small businessmen and women who don't have the capital of a large developer, the fee had had a detrimental impact. Hence the article in the paper this morning.

It is a political decision as to how we fix this problem. We need a stormwater user fee so we can stop putting unnecessary pressure on our water and sewer budget and we need an overall rate increase so we can properly fund a needed (and is some cases mandated) capital program. (There are no plans to take the head count back up into the thousands a la the mid 1990's.) When we make those changes, it will be time to see if we can alter the fee structure to accomodate the concerns of small restaurant owners.

Water Rates - It isn't as bad as you think. It isn't bad at all.

2008-02-25T20:12:00.004-06:00

I have another constituent we shall call DL. He wants to know when water and sewer rates have been raised in the past and for what reason. For the purposes of this discussion I am going to assume that DL is only interested in a typical residential rate.

The typical residential ratepayer has a 5/8" meter. Some residential customers have 3/4" meters, especially in this part of town. We have a whole host of meter classifications from residential to large industrial. Within each user classification there are meter sizes ranging from 5/8" to 8". You can set the rate high on one or more classifications and/or meter size as a way of keeping the rate low for others. Each rate classification has a minimum meter charge that includes 200 cubic feet of water or sewer and a volumetric charge that is based on use of 100 cf of water or sewer. In other words, if you use only 200 cf of water per month, you only pay the minimum meter charge. For each additional 100 cf of water, you pay a volumetric rate.

So, to answer the question, a typical residential customer has seen rate increases as follows:
Water
1987 - 6% increase in meter minimum, 31% increase in volume charge
1988 - 7% increase in meter minimum, 7% increase in volume charge
1989 - 7% increase in meter minimum, 7% increase in volume charge
1990 - 7% increase in meter minimum, 7% increase in volume charge
1991 - 6% increase in meter minimum, 6% increase in volume charge
1992 - 6% increase in meter minimum, 6% increase in volume charge
No change in water rates between 1992 and 1998
1998 - 16% reduction in meter minimum, 0% change in volume charge
1999 - 25% reduction in meter minimum, 25% reduction in volume charge
No change since 1999

Sewer

1987 - 6% increase in meter minimum, 31% increase in volume charge
1988 - 7% increase in meter minimum, 7% increase in volume charge
1989 - 7% increase in meter minimum, 7% increase in volume charge
1990 - 7% increase in meter minimum, 7% increase in volume charge
1991 - 6% increase in meter minimum, 6% increase in volume charge
1992 - 6% increase in meter minimum, 6% increase in volume charge
1993 - 12% increase in meter miniumu, 12% increase in volume charge
1994 - 12% increase in meter minimum, 12% increase in volume charge
1995 - 12% increase in meter minimum, 12% increase in volume charges
No change since 1995

To make all this gibberish more clear, I took my water and sewer bill and applied the appropriate water and sewer rates for the last 22 years. I was surpised to discover that I had to go back to 1987 to find a year when I paid less for water than I do now. Not to sound too much like Fred Buck but in 1987, Ronald Reagan was President of the United States, Margaret Thatcher was Prime Minister, Fatal Attraction was the hot movie and gasoline averaged 89 cents a gallon.

To find a time when I paid less for sewer than I do now, I had to go back to 1994. In 1994, a gallon of gas averaged $1.09, average home price was $119,000 and average annual income was $37,000/year.

Since 1987 for water rates and 1994 for sewer rate, I have paid the same or more. So, If Metro were to raise my water rate 27% or less, I would still be paying the same or less than I did 1992-1997. Sewer took some pretty steep increases in the late 1980's and 90's probably due to the cost of dealing with overflow abatement program. But that has been a long time gone now.

Let me know if you have any more questions.

Water, Water Everywhere

2008-02-22T07:57:00.001-06:00

I have this constituent, let's call her TB. I first met her going door-to-door campaigning in the summer of 2006. It was the height of the "sprinkler debate" when MWS had suspended the sprinkler adjustment as a way to raise revenues without a general rate increase. Well, TB was pretty fired up about that and a stormwater problem. She invited me in, gave me some water to drink and told me that, in no uncertain terms, she expected results were she to vote for me.

Thus began my involvement with water rates, stormwater funding and infrastructure financing.

After the news these past two weeks about stormwater funding and water and sewer rate increases, TB had a few questions. Rather than just respond to her email, I thought I'd just answer them here since she probably isn't the only one with questions. So, here it goes TB. Fire off another email if I missed anything:

1. It is tough to compare us to Memphis for a several reasons. Memphis has a combined utility called Memphis Light Gas & Water that has powers similar to NES, meaning they don't really have to do what the City Council and Mayor tell them to do. Sewers and Stormwater are handled through Public Works. MLG&W takes water out of the ground and it requires virtually no treatment because it comes from a huge acquifer that lies beneath west Tennessee and northern Mississippi. As an aside, Mississippi is not too thrilled about this arrangement and has sued saying Memphis is stealing their water. Also worth noting, Memphis made a decision to develop seperate storm and sewer systems about 100 years ago so they haven't been saddled with much of the regulatory problems Nashville has faced as a result of having a combined system in the downtown area. Our rate increases are designed to keep us in line with other cities but mostly to recover the costs of maintaining, repairing and improving the system. Our costs are going to be slightly different than other cities.

2. Then Mayor Phil Bredesen did not take any money out of MWS, per se. What he did was take advantage of a state law that allowed City governments to charge utilties a Payment In Lieu Of Taxes. MWS was charged about $4 million a year in PILOT. NES also pays PILOT. The MWS PILOT was then pledged to pay debt service on the Titan's stadium. Like it or not, we are stuck with the arrangement until 2026 and there ain't a thing we can do about it unless we completely restructure that debt.

In 2002, Stormwater Services was moved to MWS from Public Works. At the time, the bride went to the alter without a revenue source. MWS could legally use money in the Water and Sewer extention and replacement fund to pay for stormwater services if those services related in some way to the sewer system. Sewers leak and if too much storm and ground water get in them, it can overtake the treatment plants. MWS also got a bit of money from the General Fund and from GO bond proceeds to pay for certain things that did not qualify for use of the E & R fund. Now, all that money is gone and there is little hope of additional funds from the general fund.

The fact that there is little money left usually moves people to scream about mismanagement. That is not the case here. The depletion of fund balances at Metro Water is a result of increased costs (Electricity up 34%, Treatment Chemicals up 151%, Plant and Building Security up 199%) and flat revenues. Average Operation and Maintenance expense for Water and Sewer (ex stormwater) has been 3.13% per year for 9 years. We have few, if any, other departments that can compare. That performance is due to aggressive cost cutting mostly in the form of reduced personnel. Basically, MWS did what most people want done - it cut costs before it asked for more money.

3. Large commercial users have a slightly lower volumetric rate but a much higher monthly minimum. It isn't the best rate structure because it does not encourage conservation. Frankly, I don't know why we have rate classification between commercial and residential. Water is water. There is a slightly lower marginal cost the more water we treat and sell, but it probably doesn't amount to too much. It is worth looking at sometimes. I can tell you that large users are not subsidized by small residential users. If anything, it is the other way around.

4. Yes, the current director of water services is quite good. He has a pretty good staff of dedicated and energetic people. I do hear complaints about customer service and I hope to spend some time learning about the concerns and solutions soon. I'll let you know what I find out.

Hope that answers your questions.

Whiskey's for drinkin' but water's for fightin'.

2008-02-08T14:35:00.000-06:00

Even though Mark Twain said that a century ago, Georgia appears to think it still true. So, they have suggested we redraw our mutual boundary so they get more of the Tennessee River. This is the City that failed to replace, improve and maintain its water and sewer infrastructure to such an extent that in the 1990's it was falling apart. Their inattention, craven lack of planning and investment led to a system that was polluting the Chattahoochie River. They paid almost $38 million in fines, were sued by Upper Chattahoochie Riverkeeper, The State of Georgia and the US Department of Justice. Total bill just to bring the system up to standard was about $3.9 billion with a b, not counting the costs associated with a building moratorium and the loss of federal road money.

You would have thought that Atlanta would have treated the little Chattahoochie a bit more nicely since a big chunk of Georgia's population depends on it to live. You would also have thought that they would have first encouraged and then imposed water use restrictions long before Lakes Lanier and Alltoona, their main reservoirs, turned into mud puddles. You would have thought before they allowed construction of all those houses with rain domes and jacuzzi's that they would have considered their ability to provide water to them. It wasn't until 2004 that they adopted a rate schedule that actually encouraged conservation of water.

After all that bad behavior, they think they should be rewarded with a nice new chunk of Tennessee. To which I say: fat chance.

Infrastructure Shm-infrastructure

2008-01-25T18:43:00.001-06:00

I had lunch today with someone who had held senior appointed positions in state and local government for years. We got off talking about infrastructure like roads and bridges and water and sewer lines. At that point in the conversation he declared that politicians (by which I presume he meant me and those of my ilk) don't care about infrastructure improvements unless its something shiny and new and we get to slap our name on it.

Well, I think that is about to change. As S-town Mike has pointed out, Stateline.org has issued a report on America's infrastructure needs. While Nashville has been better than most cities in keeping up with maintenance and repair; the bad news is, that isn't saying too much.

We have placed more and more burden on our Public Works budget and given it less and less of our tax dollars. Water Services has not had a rate increase since 1996 which was ok for a while. Now, if we don't start putting capital in that system we may find ourselves in the same boat as Atlanta, GA and Franklin, TN. It was not the drought that forced Atlanta and Franklin and many other cities in the Southeast into water rationing it was their craven lack of planning and investment. A recent report ordered by TDEC has identified almost $80 million in sewer infrastructure that must be done in tiny Brentwood alone.

So, here are a few rules to live by: 1. Stuff that makes our city work; water and sewer lines, roads, bridges and sidewalks costs money; 2. That stuff rarely gets cheaper with time; 3. When it breaks it costs a whole lot more to fix than just keeping it running right in the first place; 4. It isn't a problem that will ever go away.

So I'd like a new sewer line with my name on it, please.

A Change Will Do Us Good

2008-01-22T08:01:00.001-06:00

As I said, I never met Dr. Garcia. I keep pointing that out because it appears to be standard operating procedure among Metro Government department heads to meet and know the Council members. This only makes sense, of course, because Council controls the budget. It also makes sense because Council members are regularly in touch with their constituents and are able to relate concerns and problems that help department heads meet the demands of a diverse city. I have some pretty clear thoughts about what I would have said to Dr. Garcia had he asked but since he didn't I am going to tell you. (For the record, School Board Chairman Marsha Warden has asked and none of this will be news to her.)

Funding Accountability - There is a fundamental, systemic flaw in our organizational structure that will make success for our public schools very hard to attain - ever. If you understand nothing else about government, understand this: how successfully a government unit operates is directly related to how it gets its money. In the case of schools, the Metro Council approves what is essentially a lump sum transfer of general tax money to the School Board. The School Board then spends it how it wants. The Mayor and Council take the heat for the tax levy but have no influence over the productive use of that money. The School Board doesn't need to worry too much about being held accountable because they can always blame the Mayor and Council for appropriating too little money. Because the School Board has little direct control over how they get their money, the job has tended, over the years to invite participation from less than dynamic and creative people. (Yes, there have been scores of exceptions to that general statement and yes, the Metro Council has not always been the shining light of intelligent thought. But if you want a political position with little accountability and lots of opportunity to lay blame elsewhere, nothing beats the School Board)

Dr. Garcia is quoted as saying MNPS was one of the hardest jobs he had largely because the money to fund the system came from local government instead of the state. Not having or wanting a state income tax, we should look for other ways to solve the accountability problem. This is a problem that is best solved by our Mayor and our Governor with the support of our Council and School Board which is why I offer no specific solutions. I am pretty much up for anything so y'all let me know how I can help.

Site Based Management - This is another form of accountability. If you look at schools that have been successful over the years like Sylvan Park and Julia Green, you will usually find a strong, dynamic and energetic principal at the helm. No one knows what kids need, what parents want than the people that see them everyday. Giving more responsibility to the principal and teachers will make the job itself more attractive to the kind of people you want in those positions. Dynamic, creative and energetic people don't like to be minions of the central office.

Do you see a theme here?

School Board Accepts Garcia Resignation

2008-01-19T19:25:00.000-06:00

The Metro School Board accepted a resignation proposal for Director of Schools, Pedro Garica, this afternoon. It was not unexpected news. The City Paper has the story.

Although I have served on the Metro Council for about 18 months, I never meet Dr. Garcia. I did read his evaluation which can be found here. It tells you something about how far removed we are from reality when it appears to take an advanced degree to understand what the evaluation itself says.

There was some controversy earlier because MNPS Board members wanted to keep their individual evaluations secret. So, each member's report was made public with the name of the submitter redacted. Like that would happen if it was the Metro Council doing the evaluating. Note to the school board: If you want to serve the public in a public way be prepared to tell the world what you think and defend it. If you can't manage that there are plenty of private sector jobs that let you keep stuff to yourself.

Election Commission Announces Special Called Meeting

2008-01-13T10:01:00.000-06:00

The Election Commission put out a notice on Friday that they will have a Special Called Meeting on Tuesday January 15th at 3pm at their offices at the porous Howard School Complex.

The Davidson County Delegation will meet on Wednesday to discuss changes to state law that might be necessary to prevent a similar situation from occuring in the future.

Many of you have written, called and stopped me on the street to express your extreme displeasure about the theft of two laptops from the Election Commission. As I have said, this theft is the shared responsibility of ITS, General Services, Real Property Services and the Election Commission. All but the Election Commission are under the control of the Mayor's office. The Election Commissioners are appointed by the Davidson County Delegation of the Tennessee General Assembly. The members of that committee that represent the 23rd District are: Beth Harwell, Doug Henry and Gary Odom.

I think Mayor Karl Dean and Council, through the leadership of Public Safety Chairman Michael Craddock, are doing everything that can be done and more. Please help us by sharing your concerns with the Election Commission and our state representatives.

Mayor Announces Free ID Theft Protection

2008-01-10T18:13:00.001-06:00

Mayor Dean announced today that Metro would provide one year of free ID Theft protection through Debix to the 337,000 voters whose personal data was compromised by theft of two laptops at the Election Commission. In addition, people who sign up for the program will be able to purchase an additional year at a reduced price of $9.50.

You will recieve a letter from Metro telling you of this program and providing you with an access code. You will be able to register by mail or online at www.debix.com/nashville. The Debix program will include Fraud Alert, Credit Monitoring, ID Theft Insurance, Pre-Approved Offers prevention.

Debix has worked with other cities on similar projects and they estimate that 25%-35% of voters will take Metro up on the offer. The cost to Metro is estimated at less than $1,000,000 and it will be paid out of an insurance fund. Presumably, Metro will attempt to recover some of this money from Wackenhut for their negligence.

The Mayor's office appears to have taken the idea of paying for credit monitoring and gone it one better by striking a deal that provides credit monitoring and insurance. They have also found a good source for providing the support and customer service that wouold be difficult for Metro to get up and running on such a short schedule.

A round of applause for a job well done.

Harding Academy Submits Application for Athletic Fields

2008-01-07T17:18:00.001-06:00

Harding Academy, a private K-8 school, has submitted an application for a Special Exception and Variance to the Board of Zoning Appeals for off-site athletic fields at Highway 70 and Brookmont Terrace.

The site plan (see below) calls for a multi-use field for soccer, football and lacrosse and a baseball field with some "flex" space between the two. The plan also calls for 94 parking spaces and a field house. The sole building on the site plan will be about 20 feet tall which means, according the consulting engineer, Barge Cauthen, the gutter line should be even with the Brookmont Terrace pavement. Because the code requires this building be 100 feet from residential property, the school has also applied for a variance to locate it 40 feet away.

Representatives from Harding Academy and the West Meade Park Neighborhood have worked together to develop conditions regarding development and operation of the property. Those conditions are laid out in a Memorandum of Understanding. Amoung the agreed conditions are:

1. Ingress and Egress for the facility will be on Highway 70.

2. The only building on the property will be a field house for concessions, rest rooms and storage. Harding Academy may, at some point in the future, wish to build a gymnasium. If they do so, they will consult with the neighborhood regarding placement and design. (The school will have to get BZA approval as well)

3. Other than the proposed field house and Gymnasium, the school will not build anything else on the property until 2027.

4. The school will not subdivide the property.

5. The school will not use exterior lighting after 10pm. Use of the property from 10pm to 8 am will be limited to property maintenance.

6. The school will use its best efforts to prevent overflow parking on Brookmont Terrace and Carnavon Parkway.

7. Neighborhood groups will have access to facility on an "individual and informal" basis when the property is not being used by the school.

The BZA will hear this application on January 17 @ 1pm at Metro Southeast. If you have any questions, please don't hesitate to call or email me.

What is a Variance?

2008-01-07T09:30:00.002-06:00

A zoning variance is a waiver of the requirements of the zoning code. For the most part, if someone wants to build something, they need to do it according to Metro building and zoning code. Sometimes, however, it is hard to build something according to the code when your property has unusual features, like creeks, streams, cliffs...well, you get the idea.

To accomodate the fact that most zoning codes are written for the average property and need a little flexibility when dealing with the unusual, the State of Tennessee has authorized our Board of Zoning Appeals to grant waivers to the zoning code under certain circumstances. In granting a variance, the BZA must make an affirmative finding that the following conditions are met:

A. Physical Characteristics of the Property. The exceptional narrowness, shallowness or shape of a specific piece of property, exceptional topographic condition, or other extraordinary and exceptional condition of such property would result in peculiar and exceptional practical difficulties to, or exceptional or undue hardship upon the owner of such property upon the strict application of any regulation enacted by the ordinance codified in this title.

B. Unique Characteristics. The specific conditions cited are unique to the subject property and generally not prevalent to other properties in the general area.

C. Hardship Not Self-Imposed. The alleged difficulty or hardship has not been created by the previous actions of any person having an interest in the property after the effective date of the ordinance codified in this title.

D. Financial Gain Not Only Basis. Financial gain is not the sole basis for granting the variance.

E. No Injury to Neighboring Property. The granting of the variance will not be injurious to other property or improvements in the area, impair an adequate supply of light and air to adjacent property, or substantially diminish or impair property values within the area.

F. No Harm to Public Welfare. The granting of the variance will not be detrimental to the public welfare and will not substantially impair the intent and purpose of this zoning code.

G. Integrity of Master Development Plan. The granting of the variance will not compromise the design integrity or functional operation of activities or facilities within an approved planned unit development.

So, if the applicant cannot establish that these conditions are met, then the BZA cannot grant a variance.

Report from Public Safety Committee Meeting

2008-01-03T21:10:00.001-06:00

Tonight, CM Michael Craddock, chairman of the Metro Council Public Safety Committee held a special called meeting to discuss the break-in at the Election Commission over the Christmas holiday. Guests of the committee were Nancy Whittemore of General Services, Sandy Cole from Information Technology Services and Ray Barrett from the Election Commission. The meeting was broadcast on Channel 3 and will likely repeat over the weekend if you want to catch it.

While there is no evidence that Social Security Numbers of 337,000 voters have fallen into the hands of people who are interested in fraud, the better-safe-than-sorry approach is for voters to notify one of the credit reporting services of the security breach. Metro has placed on the home page of the website some pretty helpful information. You will also get a letter in the mail from the Metro Election Commission about the security breach.

Metro has no plans (and no money) to pay credit reporting fees. At this writing Metro has not set up a customer hotline or call center to address voter inquiries. Council members have suggested they do this because a letter to 337,000 people is bound to generate at least a few calls. Bottom line for most people is that you need to keep an eye on your credit report for the near future.

Most people want to know how this happened. The answer is that it was the confluence of some pretty unfortunate decision making and communication. There is no burglar alarm at the Howard School building. The digital video recorders monitoring some areas of the building were disabled and had no alarms. General Services that oversees security said that they see their job as providing security for the building and the people who work there and visit. They apparently do not provide security for data inside the building as part of their mission. The security company, Wackenhut, that had the contract with Metro to provide building security sub-contracted to another firm. They only provided security 24 hours a day Monday through Friday. On weekends and holidays their contract only required security to be provided 12 hours a day.

The security guard on duty was listening to Christmas music and did not hear any noise during the break-in. He did not investigate Christmas decorations that were strewn on the floor. He did not make his rounds as required. It was not until this guard went off duty and was replaced by another on December 26 that the break-in was discovered.

Metro Election Commission staff left two laptops unsecured. Both may have complete social security numbers of 337,000 people. The laptops should not have been left out. The data on the laptops was not secured. ITS stated that it was not their responsibility to secure data. It was not their responsibility to enforce security policy - they simply made recommendations. It was pointed out that the Election Commission paid over $300,000 in fees for ITS services. Election officials were probably understandably confused about what that money actually bought them. It was also pointed out the ITS policy are written in such a way that suggests they are not optional. ITS's reponse was that they had no power to enforce these policies.

Thankfully, the Mayor's office has ordered a security audit from all departments and I think we will soon know what other departments might be at risk and what they are doing to prevent a similar occurance.

Election Commission Theft

2008-01-01T15:28:00.000-06:00

Not exactly breaking news since I am sure everyone has heard about the theft of two laptop computers at the Davidson County Election Commission. The holiday and accompanying vacation schedule appear to have obscured, for the time being, relevant facts that might help the public. What we do know is that 2 laptops were stolen from the Election Commission offices in the Howard School complex on December 22 or 23. We know that one laptop was operational and contained data for 337,000 registered voters. That data typically includes name, address and date of birth. In this case it also included the last 4 digits of each voter's social security number. The second laptop was broken and awaiting repair. However, if it was made operational that laptop would contain the full social security numbers of Davidson County voters.

We do not know if the functioning laptop also contained full social security numbers. We do not know if any of the data was encrypted on either laptop. We do not know why it took 3-4 days for the theft to be detected. We do not know why, in violation of protocol, ITS and/or Election Commission employees left these laptops unsecured. Unfortunately, I think it is going to be a couple of days before we know what damage has been done. Until then, the smart thing to do is monitor your credit through Equifax or Experian or Transunion. CM Michael Craddock was kind enough to share the following link to the FTC website that provides a lot of helpful information. http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/detect.html

What I really want to know is why in heavens name does the Election Commission think they need to keep a record of Social Security numbers. Date of birth is completely understandable because eligibility is determined, in part, by how old you are. But Social Security numbers? The Election Commission doesn't have to report any financial transactions to the IRS. They don't need to have access to information on Social Security benefits. If they need a unique identifying number for a registrant, all they have to do is assign one.

I got into this tug of war with my cell phone company a few years ago because I would not give them my social security number when I was getting new service. The sales representative was beside herself that I being so obstinate. I finally got sent up the chain of command and discovered that they had a way of assigning a number to people who refused to give up their Social Security data. Sometimes we have to remind ourselves that no one can require us to give out our Social Security number except those entities authorized by federal law.

To say the public is outraged is to put it mildly. We are all pretty mad about it. Being able to compel (or in this case, pretend to be able to compel) people to give up vital data about themselves only raises the level of responsibility our government has to protect that information. Instead, we treated this information like we would a zoning application on the 2nd or an arts grant on the 4th floor of the Howard School building. So, as soon as we get a handle on how we take care of the data with which we are entrusted, we should also look at what data we really need to have.

Just in: Hillsboro High students forced to learn Shakespeare

2007-12-23T09:24:00.000-06:00

Hillsboro High student and chairman of the Mayor's Youth Council, Yousuf Ahmad writes in today's Tennessean about a classmate who aspires to be a mechanic but is losing interest in school because he is "forced to learn about Shakespeare."

Oh dear.

Ponder for a moment, if you will, the millions of people in this world that would love to be forced to learn about Shakespeare. Yeah, I know, he's a dead white guy. But he's a dead white guy who added thousands of words to the English vocabulary - at a time when the average Englishman's total vocabulary was about 500 words. He gave us phrases like "star crossed lovers," "it was Greek to me," and "the lady doth protest too much." He wrote 38 plays, 15 sonnets and 5 poems.

His tragic plays and comedies are timeless stories of humanity's struggle. His history plays tell us that when it comes to power, love and war, very little has changed in 500 years. The structure and rhythm of Shakespeare's writing has informed the writing styles of almost every author and speechwriter since. It is hard to imagine John F. Kennedy's "ask not what your country can do for you - ask what you can do for your country" without "Friends, Romans, countrymen, lend me your ears."

I will concede that Shakespeare did not write anything about rebuilding '67 Corvette engines. I will also concede that Mr. Ahmad's friend will make a fine mechanic without learning about Shakespeare. But I submit to you that learning what you think you don't need to know is one of the most important skills you will acquire in school. Your future is not cast in stone. What you find irrelevant today may become important tomorrow.

Even if Shakespeare never becomes relevant in your life, it will enrich it. My father owned an auto repair/tire distribution business. He could quote Shakespeare from memory until the day he died.

The why oh why oh why

2007-12-21T08:08:00.000-06:00

After a recent tour of schools in my district, I observed that residents of the 23rd district appear to have abandoned zoned public schools for the private and magnets. This purely anecdotal observation is or should be disturbing to public school educators because my district is predominately middle class, property owning and educated. In most cities, people like those who live in the 23rd district form the backbone of the public school system. They are more likely to have the kind of job that lets them out of work to participate in parent-teacher conferences or volunteer as a tutor or teacher"s aide. They are more likely to have a parent that does not work outside the home and is available to organize and execute fundraisers. They are more likely to be educated themselves and as a result have high expectation for the education of their children. They are also generally politically aware and inclined to become activists in support of public education.

So, last week, I posed the question as to why these irreplaceable people appear to have abandoned the zoned schools in their midst for other options. Since there are a bunch of smart and thoughtful people who live in the 23rd District, I got a few answers. (Before we begin, a couple of warnings, disclaimers and caveats: People make educational choices for all kinds of reasons. This is by no means an exhaustive list. Middle class does not mean white. We are lucky in Nashville to have a healthy non-white middle class thanks in large part to the prominent role institutions like Vanderbilt, Fisk and TSU play in our community. Not all private schools are perfect, to die for examples of educational excellence. Private schools in Nashville exist for a host of reasons and to varying degrees of success.

1. Influence and Control: This really tops the list of many parents. Being able to go to a school director and provide advice, suggestions or criticism and knowing that you are taken seriously and your input thoughtfully considered is important to many parents. Frankly, it is probably important to many private schools because they can hear what their customers are saying and respond accordingly. Which is not to say that our public schools should be run entirely by parent whim. I think most private school directors will tell you that they don't accede to every wish of their parents. But information provided by parents about divorces, health, safety, developmental issues, lunch menu are taken into account, along with other factors.

2. Plant and Equipment: Let's face it, private schools look nice. They are well landscaped, painted and cleaned regularly. Stuff that breaks gets fixed quickly. Public schools - in the words of one parent - usually look more like prisons than schools. The architecture is bland and unappealing, the landscaping is limited or non-existent. Almost everything is built and maintained on the cheap and it shows. Is all that green grass and mulch worth $10-15K a year in private school tuition? Maybe not, but perhaps some think it reflects an attention to detail and dedication to high standards inside the building. It is inexcusable and unacceptable but public schools frequently find themselves beginning the year without the supplies and equipment they need to operate. That sort of thing rarely happens in the private schools.

3. Teachers: My generation was probably the last to be educated by women who had few career opportunities. They were limited to things like teaching and nursing. As a result, the school systems could pick and choose the best and the brightest of women and pay them next to nothing. Now the best and the brightest can choose pretty much any profession they want and it is a much tougher job market for school systems. Spoiled by high quality, low cost labor, political leaders were not prepared for the sea change that was the 1970's. With salaries falling behind the competition, quality suffered. Much has been done to recover and compensation is rising back to the appropriate levels. But the chain was broken. The place of teacher in our culture was diminished. Those brilliant men and women who enter the teaching profession because they have a passion and a commitment to their art can choose between public, private and magnet schools. Private schools regularly pick off some of Metro's best talent and offer them the autonomy that site-based management brings even if it is for less money. To sweeten the pot, private schools often provide guaranteed admission and reduced tuition for a teacher's children.

4. Safety: The kind of violence that makes the newspapers is rare in our schools. But, for the involved, concerned and active parent, it only takes one incident. Parents still talk about the shooting at JT Moore which was what? Ten years ago? The lock down/arrest debacle at Hillwood was also quite some time ago but parents offer it as anecdotal evidence that our schools are not safe. They know about a few incidents and wonder about what they do not know or hear about. Is it fair? No. But it is a fact.

5. K-4, 5-8 and 9-12: My constituents who send their children to public school K-4, frequently move on to other alternatives in 5th grade because they find it completely inappropriate to put 5th graders on the same campus as 8th graders when peer influence is becoming a factor in their child's development. Peer influence tends to travel down the age scale. A 5th grader is more likely to pick up the habits and behaviors - good and bad - of an 8th grader than the other way around. Hillwood has found this to be a problem for the adjustment of 9th graders and in an acknowledgement of what every parent knows, segregated them in the Freshman Academy.

6. School size: An elementary or middle school should only be as large as the Principal's capacity to remember everyone's name. Anything bigger and anonymity provides refuge for cut-ups and a wilderness to get lost in for kids who need attention.

7. Academic Excellence: I put this last because it the first thing most parents look at. Poorly performing schools cannot attract families who care about their children's education and have the resources to find other alternatives. In turn, these schools have difficulty raising performance level because the kids left behind are often the most difficult and expensive to educate. Thus begins a downward spiral of deteriorating performance and loss of motivated and involved kids and families. For many middle class families, college preparedness is important. We appear to have this notion that middle school or 9th or 10th graders have some notion about what they want to do with their life. So, we let kids decide NOT to get on the college track before they actually have to decide if they are going to college. Whether you go to college or not, there are simply things you should know and intellectual skills you should have. Every kid should be educated as if they were going to college. If they don't actually go, they will likely prove themselves to be highly trainable in a trade.

I kind of breezed by a discussion of the magnet school option. A lot of my constituents send their kids to magnets and several teach at them. Magnet schools prove how great public education can be. Our academic magnets provide an education second to nothing else in this city. The college entrance statistics on kids who graduate from Hume Fogg and MLK rival those of top college prep schools in this country. As one parent says "private school education at public school prices." Without magnets, much of the parent support that still exists for public education in Nashville will deteriorate further. But magnets, like private schools, skim the best teachers, students and families off the zoned schools and educate in a way that should be the norm, not the exception. Academic magnets are one of the few ways we keep a limited grip on middle class families. But for reasons I have never fully understood, we only offer this option to a limited number of families each year and force the rest to find other alternatives.

Back to School

2007-12-14T09:51:00.001-06:00

Sorry to be away so long. But, I just haven't had too much to say until now.

Last week, I toured the schools in my district with Mayor Dean and his very sharp Director of Children and Youth, Danielle Mazera. We started at West Meade Elementary on Carnavon Parkway. West Meade Elementary is a darling school in the middle of a picture perfect residential neighborhood. Unfortunately, very little of the neighborhood actually attends West Meade. Demographically, the population of West Meade has moved beyond their child-rearing years and those that have not are affluent enough to send their children to private school or smart enough to send them to magnet schools. The school is operating at only 79% capacity with the prediction that will continue to fall. Approximately 50% of the children that attend West Meade are eligible for free or reduced lunch.

We were met by Steve Breese, the principle of West Meade. Steve seems like a pleasant and energetic man. We toured the school, visited several classrooms, including a resource room and PE. In one class, children were watching the show Arthur and discussing story elements. In another, they had just broken for snack. I learned that the school started the year with 4 first grade classes but 4 weeks into the year, a teacher was tranferred to Julia Green and the children re-assigned to other classrooms. So, that means your young child gets acclimated with one teacher and class and then gets to do it again a month later. In the latest round of the perpetual blame game between Council and School Board, I was told that the transfers happened because the budget would not support classrooms with less than the requisite number of students. The school was slated to lose one of its PE teachers because of under-enrollment but managed to hang on to him because he provided the necessary African American role model for the children. He is likely to be re-assigned next year.

Next we went to Hillwood High School. Karl Lang is the principle at Hillwood. He is appears to have a pretty good command of his school. The atmosphere is orderly and respectful. The classes we visited - American History and Ecology - were small. The library is large but sparse. The cafeteria was well run and pleasant but that might have had something to do with the two uniformed Metro police officers that are posted there. Hillwood operates at about 80% capacity. About 43% of the kids are on free or reduced lunch. Only about a 1/3 of children make it to school 95% of the time.

At HG Hill Middle we met up with Julie Simone. Julie strikes me as one of those rare teachers for whom teaching is a calling not a job. We talked about the children at HG Hill who rode the bus 30 minutes each way and how difficult it was for their parents to get to school for conferences. Julie told me that if a parent won't come to her, she gets in her car and goes to them. Julie's class presented the Mayor with a homemade hoola-hoop. In the ongoing effort to burden the education system with correcting every single pathology that affects our society, kids must get 90 minutes of activity a day. So, they have came up with the hoola-hoop as something they can squeeze in. The Mayor promised to return in March and demonstrate his hoola-hooping skills. I plan to attend and watch.

We had lunch at HG Hill. Tater Tots (which I love) and hambugers. I sat with several girls who were trying to get an assignment on plant biology done so they could go to recess. The worksheet called for them to draw a picture of a plant's egg cell but the text book had no illustration or description. I could remember the basic differences between plant and animal cells but could not help with the egg cell picture. The girls told me that they ride the bus about 30 minutes each way from their home in "Dodge City." Why do you call it "Dodge City?" I asked. They told me that was what everyone calls it. (No snarky emails. I know why they call it "Dodge City.") I asked what they did on the bus for 30 minutes. One girl said that they get wild. Another girl said they were quiet and stayed in their seats because the bus driver was very strict. They were very sweet and were thrilled the Mayor came to visit their school.

Like Hillwood and West Meade, HG Hill Middle stands in the middle of one of Nashville's most affluent neighborhoods. Some of the richest people on this planet live within 1/2 mile. Yet, HG Middle is 52% free and reduced lunch particpants. Like West Meade, the Hillwood neighbohood has - and not for good reason - abandoned the schools in their midsts for magnet or private schools.

The question is: "Why?"

The Predators: Separating Myth From Reality

2007-10-28T13:02:00.000-05:00

As the lawyers lawyer and the politicians politic, the nattering nabobs of negativism are spreading some pretty thick rhetoric about the Predators and the Arena that bears a little scrutiny.

Myth # 1: Local politicians just get all gaga when gazillion-aire pro-sports owners show up so we abandon all reason and open the city's wallet.

Well, I can't speak for all of us, but in my case it isn't true. For me, any revisions to the lease agreement with the Predators are driven by a set of facts. Those facts are: a) We own a building that cost the people of Nashville well over $150 million dollars to construct; b) That building, like all buildings needs a tenant; c) The activity in and around that building - when occupied - generates revenue for the city of Nashville; d) I don't care if that revenue is the result of hockey games, NBA games, rugby games (but rugby players are way too manly to play indoors) or the Highland Games just as long as it is the highest and best we can achieve.

If anyone has a better alternative, I would like to know what it is. The cold, hard truth is that just about the only thing that fills a building the size of the Arena on a regular basis is professional sports.

Myth # 2: The least amount of money the Arena cost us was during the 2005 lock-out year.

I am not sure where this one is coming from but I have heard it repeated a number of times. In addition to being counter intuitive, it is just plain inaccurate. According to data from the Finance Office, the total cost, including debt service and general fund appropriation for operating subsidy less revenues for the Arena in years 02-07 are: 2002: $13.3 million; 2003: $12.3 million; 2004: $12.9 million; 2005: $14.8 million; 2006: $12.1 million; 2007: $11.2 million. The rebate we receive from the state for sales tax generated at the Arena, dropped from $1.5 million in 2004 t0 $202,713 in 2005.

Myth # 3: The world as we know it will cease to exist and our image as a City will be tarnished forever.

I think this one is probably true if you own a restaurant or bar on lower Broad. But for the City as a whole, it probably does not represent the cataclysm that some fans might suggest. Our image as a city is built more around our outstanding contributions to the performing arts than anything else. The Convention and Visitor's Bureau chose "Music City, USA" as the brand not "Hockey City USA."

But back to that restaurant or bar owner. That is a real, live, tax-paying, hard working man or woman who has built an enterprise around 41 dates a year that put 13,000 - 14,000 people on the streets of downtown. He/she is likely to feel the loss of the Predators. If the Predator's leave, every business failure - no matter how marginal or incometent the management - will be blamed on the Predator's departure. It won't necessarily be true but it makes good copy/video and we shall hear about it.

So, out of respect for those people who work everyday to make Lower Broad a lively and properous place, I hope there is another idea waiting in the wings because we will need it and fast.

You heard it here...errr....second

2007-10-26T19:51:00.000-05:00

In late June, Councilmembers Mike Jameson, Jason Holleman and I would like to swim across the Cumberland River to demonstrate what a beautiful and clean water source it is and to draw attention to the need for development that fully integrates this valuable resource into our community. Right now, we have committments from Scott Potter, Director of Metro Water Services, Sonia Harvat, Public Information Officer for Water Services, Tom Cross, Attorney for Metro Legal, Toby Compton, Legislative Director for the Office of Mayor Karl Dean and Margaret Holleman, attorney for Metro Health to make the crossing with us. Butch Bryant of Metro Water Services has agreed to man the boat in the middle of the river to make sure we don't drown or get hit by a barge.

This idea started as a joke. Mike Jameson apparently had planned to swim the Cumberland in honor of his 40th birthday many years ago but never got around to it. The idea regrew legs on Wednesday afternooon when the EPA, in an effort to get credit for 20 years of work by Metro Water, issued a press release that was inaccurate in several key respects about a recent legal settlement between Metro, the EPA and the Department of Justice. Specifically, they claimed that Metro Water had been pouring 200 million gallons of raw sewage into the Cumberland each year. The truth is - and we all know what the truth is because we have to write it down and report it to the EPA - that we had overflows of raw sewage totaling 4.2 million gallons so far in 2007. In 1989, that number was 2.3 BILLION with a B gallons. If that ain't progress, I don't know what is.

The EPA also implied that they were making Nashville pay for $300-400 in sewer infrastructure improvements. Nowhere in the legal agreement does it say that we are required to spend that kind of money. The truth is we spend that amount every 10 years or so ANYWAY. That is what it costs to take care of our sewer infrastructure. The EPA is requiring us to spend about $3.08 million for certain improvements mostly related to making sewer available to septic users.

So, after getting this press release, I got fired up. Mike Jameson agreed it was time to show the EPA and the Department of Justice we didn't need no stickin' Consent Decree to keep our water clean. Sonia Harvat has agreed to help with organizing some of the logistics and hopefully we'll get some help from Parks and a few other organizations. We have a few details to work out and I will keep you posted.

You would have heard it here first but Michael Cass from The Tennessean called me this afternoon while I was in a fit of laughter over some trash talk that was traveling between Jason Holleman and Tom Cross. I was forced to explain myself and so this story made it to Michael's blog first. Which is just fine. Michael can scoop me any day.

Update: Councilmen Carter Todd and Sean McGuire have agreed to join the swim. Councilman Phil Claiborne has agreed to assist with mid-river safety operations. Councilman Randy Foster has agreed to provide shore support by writing all the jokes. (A sample of Randy's wit: Q: What do you call 5 Councilmembers in the Cumberland River? A: A good start.)

Update 2: Paul Davis, Head of Water Pollution Control at TDEC is also on board...or rather over board as the case may be.

BZA hears Old Chalotte Church of Christ Special Exception Today

2007-10-18T10:38:00.000-05:00

The Board of Zoning Appeals heard and granted a request for a Special Excpetion for a church to be located on Old Charlotte between Bresslyn and Templeton. The BZA's decision had been deferred from September so church officials could re-design their plan to accomodate concerns of the surrounding residents and Public Works.

Here is the new site plan that was submitted for approval:

As you can see, there are some differences from the site plan submitted initially. The later plan orients traffic toward the Old Charlotte block face rather then letting it spread out between Old Charlotte and Templeton. Parking behind the church has been eliminated and replaced with significant landscape buffer that will protect the residential properties that abut.

My Sister May Be The Blog Master But She Doesn't Have A Nobel Peace Prize Winner

2007-10-15T20:15:00.000-05:00

I am sure I am the only Metro Council member in Nashville that represents a US Vice President. I am pretty sure that I am the only Metro Council member in Nashville that represents a Nobel Peace Prize winner. The fact that those two are the same person, Vice President Al Gore, should be of no consequence.

I was rubbing these facts into my friend and colleague, Jason Holleman today. (Open Meetings Law police, be not afraid. Jason was toting me home after my car broke down.) Jason represents the 24th District (the Fighting 24th as Freddie O' says) and has the privilege to represent Senator Bill Frist and Senator Lamar Alexander. So, you can see we are in a little bit of a grudge match.

When I pointed out Vice President Gore's big win in Stockholm, Jason's retort was unanswerable. Vice President Gore may have chosen to live in District 23 but he chose the Park Cafe in District 24 to celebrate. No new smoke free Sperry's? No new format Whitfield's? The shame! The ignominy!

I shall never live this down until I bring up the more-than-one multi-Grammy award winners that populate the 23rd and hope he doesn't know where Alison Krauss lives.

Here's My BlogAction Contribution

2007-10-15T16:58:00.000-05:00

But I don't plan to limit it to just Oct 15. The single biggest source of water pollution in this country is run-off from storm water. We have a program in Metro that manages our storm water and tries to educate people about the impact it has on our environment. We need that program to be funded and supported by all of Nashville. When the time comes, raise your voice to protect our biggest environmental resource, our single biggest economic development tool and our single prettiest landscape - the Cumberland River.

Thanks.

Notes From Community Meeting Oct 8

2007-10-13T22:00:00.000-05:00

Our stormwater community meeting Monday night was yet another affirmation of what a wonderful place Nashville is. Director of Metro Water Services, Scott Potter, gave an informative and interesting presentation that explained what our (unfunded) federally mandated storm water program does and what challenges lie ahead. We were joined by Councilman at large, Charlie Tygard, District Councilmembers Keith Durbin (18), Jason Holleman (24), Sean McGuire (25), Carter Todd (34) and Bo Mitchell (35). As an extra bonus, the man who has advocated for better, consistently funded storm water services for about a decade, former Councilman at large Leo Waters was also in attendance.

I won't belabor the point by launching into another discussion about what storm water is because you can read about it here. What you probably want to know is what the people in the room Monday night wanted to know which is what is Metro doing to address our storm water concerns? Well, the answer is they are doing ALOT. Metro stormwater has 5 divisions but you probably only care about 3 of them: master planning, routine maintenance and remedial maintenance.

The main function of master planning is to identify structures in the flood plain/flood way that have been prone to repeat flooding and work to get them out of the way of the water. That effort inevitibly means using FEMA matching funds to aquire these structures and demolish them. The best way to help people whose homes flood is to buy their house and let them get out of the way. (Note: This does not mean eminent domain and condemnation. This means seller sets a price and Metro either pays it and acquires the property or they don't.)

Routine maintenance is the function of storm water that involves cleaning out drains, culverts, ditches and all those nifty things that are meant to carry water away from our homes and yards. Just like the plumbing at home, if the water can't get through, it stops and things flood. Since Metro Water Services has had responsibility for storm water, they have cleaned out over 125,000 inlets!

Remedial maintenance is the repair and replacement of drain pipes and culverts. Over time this infrastructure wears out and needs to be repaired and replaced. A typical replacement in our part of Nashville is the removal of corroded corrugated metal pipe and replacing it with concrete culverts or pipe. Over time corrugated metal rusts away and the roadbed above it fails and needs to be replaced.

After learning all that, we then heard that Storm Water Services has some pretty significant challenges before them if they hope to continue providing even the minimum amount of service. This concern is made even more compelling when you consider that, for the most part, my constituents are not satisfied with the amount of time it has taken to get even the most serious storm water problems addressed. The main problem is...drumroll please....funding.

Funding for storm water has been a patchwork of water and sewer revenues, general fund money and proceeds from general obligation bonds. Because this funding stream is both unpredictable and in some respects restricted by bond covenants and Metro law, it makes it difficult if not impossible for Metro Water to develop a long term capital plan to address flooding and drainage concerns. Metro Water is kind of like a guy trying to buy a car when he has no job or regular income.

In August, Metro Council passed unanimously a bill sponsored by me, Councilman Parker Toler, Councilman Mike Jameson and Councilman Jim Hodge that required Metro Water Services to return to Council no later than February 1, 2008, with a plan explaining what services they would supply the people of Nashville and how they would fund them. At the meeting on Monday night, we learned that several cities like Memphis, Chattanooga, Murfreesboro and Franklin have developed programs that can serve as models.

Stay tuned. We are interested in how storm water problems will be addressed in a sane and rational manner. To illustrate just how serious the problem is, one gentleman in attendance stood up and said "I don't like it when I hear 'I am from the government and I am here to help you' but in this case I'll make an exception." He then complimented the staff of MWS and everyone stood up and applauded.

What a great district!

Stormwater I

2007-10-06T15:00:00.000-05:00

This is the first of many posts about Metro's storm water management program. Like you, I can think of few issues less sexy than storm water. But, the funny thing about being an elected representative is very often you don't get to choose the issues, they choose you. Before your eyes glaze over let me tell you a few things. For the uninitiated, storm water is a serious environmental, business development and neighborhood issue. Storm water is the stuff that falls from the sky - at least it used to - and picks us trash, chemicals, oil and gas residue, sticks, leaves, fertilizers, you name it, and carries it to the river. Polluted run-off is the single biggest challenge we have in keeping our creeks and rivers clean. Amazingly, if a big business were to dump into the Cumberland River what flows there naturally, we would see them on the front page of The New York Times.

Our storm water system is made up of natural and man-made pathways. There are creeks, ditches, gullies, culverts, channels and rivers that carry rainwater and snow melt to their inevitable destination, the Cumberland River. We have two responsibilities with that system: make sure it properly conveys water without flooding and that the water is as clean as it can be when it gets to the Cumberland.

As I campaigned door-to-door in the summer of 2006, I heard from many residents how frustrated they were that storm water, drainage, flooding and water quality issues were not being addressed as quickly as they would like. The Warner Parks Community in particular suffers from flooding along the Vaughns Branch of Richland Creek. Both the Vaughns Branch on the south side of Hwy 70 and the Jocelyn Branch on the north are listed as impaired streams by the EPA.

In response to these concerns, I went, rookie style, to see the rather intimidating (he was a Naval officer for 12 years and he is really, really smart) Director of Metro Water Services, Scott Potter. Using my best, nicest manners I asked that he address my constituents' concerns and fix their storm water problems. To which he responded, in his gentlemanly albeit intimidating way that he had no money. He wanted to help, he really did, but he had a storm water management program with no funding.

Ok, at that point I saw two options: yell and scream and tell my constituents that their problems would not be addressed because the Mayor/MWS/Anybody but me/ was to blame OR come up with a real, long term, sensible solution to managing and funding storm water services. Being more a public servant than a politician, I chose the latter. It might be a bit inconvenient for me to also mention that my constituents are way to smart to let me pass the buck.

So, I took about 6 months talking to neighborhood groups, environmental groups, the Metro Finance Director, The Mayor's office, Metro Legal, Metro Council attorneys, large property owners like Vanderbilt University and Gaylord, the Chamber of Commerce, land use attorneys, real estate developers, engineering firms, the family Corgis Toby and Jingle and anyone else who would listen to me. From those discussions arose a Council bill that passed unanimously in August.

That bill required Metro Water Services to conduct a study and return to Council no later than Feb 1 with a recommended list of storm water services they would and could provide and a proposal on how they would pay for them. This is a long way of telling you that Monday night begins the first in a series of community meetings to discuss those storm water services the public needs. Scott Potter, who I no longer find intimidating but still really, really smart, will be making the presentation. I'll be there as will other council members. The meeting begins promptly at 6pm at the Gordon Jewish Community Center at Hwy 70 and Percy Warner Blvd.

Please come and care about our neighborhoods, our environment and our future.

Predators - Still no deal

2007-10-06T13:00:00.000-05:00

We are still waiting for results of negotiations between the Mayor and the Predator's. To clarify for Mike Jameson's constituent, I DO NOT support government subsidies for sports franchises. I never got to vote one way or another on the Sounds but there were many things about that deal I truly hated. Lessons learned from the Predators and the Titans, if you will. I voted against the Titans when the referendum was held in the late 90's. I found it hard to swallow then and I hate it even more today that $4MM of Payment in Lieu of Taxes money goes from Metro Water to pay debt service on LP Field. I voted against it, I lost and now I live with the will of the majority until 2026. Same deal with the Arena.

By the way, From a budget perspective, I really could care less if our anchor tenant was a sports team, a movie studio or yes, even the Highland Games. But we decided to build this $150MM building in 1996. That is infrastructure we own. The cost of owning and operating it does not go away if the Predators leave. Yes, that will take money away from programs for the Homeless, Libraries, Police, Fire and Public Infrastructure excluding water and sewer. (For the record, we do not co-mingle our general fund money from sales and property taxes with water and sewer ratepayer money. State law requires us to keep those things separate. Nice rhetoric but wholly misleading. Sorry.)

But it appears that money is gone whether the team (or some other tenant) stays or goes. We gambled, we lost, we learned. However, if someone has another idea for a tenant who will actually generate positive cash flow for the taxpayers I'll be all over it. I just need to know what it is. Anyone?

Should they stay or should they go?

2007-10-04T18:27:00.000-05:00

I have heard from many of you regarding possible lease amendments for the Predators NHL team. Most of you support doing what we can to keep the team. This sentiment sort of bears out my belief that, given accurate information, most people will make the right decision. The press coverage on this issue has been outstanding - particularly the print media. Bill Harless at the City Paper and Michael Cass at The Tennessean have kept an eagle eye on things and these essential and irrefutable facts have emerged:

1. The Predators team will need more money (in the form of tax revenues) to stay.

2. The Arena will cost the taxpayers more money if it is empty. The Arena - meaning just the building itself - generates about $4MM in sales tax revenue each year (according the MZ Sports, a consultant retained by David Freeman). That number does not include the crazy and much derided "economic development/ mulitplier" nonsense that usually informs these debates. No, that number is the estimated sales tax generated from people buying t-shirts, nachos and tickets. Conveniently enough, the $4 MM in taxes we collect just about offsets the cost of operating the arena. The subsidy in 2007 was about $3 MM.

3. We find ourselves making this decision not because of Mayor Karl Dean or Mayor Bill Purcell or any of the Metro Councilmembers in the last 11 years. We are here because we built a building in 1996 without an anchor tenant. We built the building "on the come" as the cards players say. And with that decision came some risk. That risk has yielded a much more active and vibrant downtown. It demonstrated to all that Nashville believed in its downtown. But it has cost us money and will continue to cost us money.

4. Government is not immune from the consequences of less than perfect business decisions. If we build it, they will come is a nice catch phrase for a movie but not a sure-fire marketing plan. Having an empty $150MM building paid for by the taxpayers means a weaker bargaining position with those tenants - be they sports franchises or concert promoters or Tractor Pulls - and it costs us. In 1998, we cut the best deal we could to attract a team to our empty building. In 2007, we must do the same. Don't believe me? Just ask the owner of the Bellevue Mall.

5. Taking the "I don't want to get into the taxpayer's pocket" position and refusing to support
some deal will, in the end, get into the taxpayer's pocket. A Predators franchise will cost us money. An empty building will cost us more. I hate it, you hate it but it is an inescapable fact.

6. The time to object to sweetheart deals for sports franchises is BEFORE we invest in the buildings and equipment, not after.

Other people I'd like to see stick around

2007-09-22T09:53:00.000-05:00

Gail Kerr's column in The Tennessean lists 10 folks in Metro government she would like to see stick around with the new mayor. Making her list include Metro Clerk Marilyn Swing (who actually works for both the mayor and the Council), Kenneth Eads, Billy Lynch, Donna Nicely, Marilyn Edwards, Reginald Coopwood, Curt Garrigan, Billy Fields, Gene Nolan and Joni Vandershoor. These are all great picks but I want to add a few of my own.

I want Margaret Ann Robinson to remain forever as the head of the Library Board. Margaret Ann (and she insists that I call her Margaret Ann) is the motivation and inspiration behind the gorgeous downtown library as well as the expansion and improvements in the branch system. For those who know Margaret Ann, you know that she is someone who could just as easily stay home and still be respected by all. Instead she has relentless pursued her dream of a first class library system for Nashville. Some years ago, when she was in her 70's, Margaret Ann traveled on the Chamber of Commerce study mission trips as a way to rub elbows with all the city's power brokers and sell the idea of a downtown library. Now, in her 9th decade, her dream is realized. It doesn't get any better than Margaret Ann Robinson.

I want Rick Bernhardt to remain as head of the Metro Planning Department. Rick has transformed our land use planning process from one dominated by appointed committees to an inclusive, consensus driven community discussion. The result has been more thoughtful, more orderly and certainly more beautiful development. Rick recognizes more than any other person I know that the people who live and work in Nashville's neighborhoods are best equiped to know both its challenges and its potential. Rick also knows that our efforts to build a great city are long lasting and the results will be with our children and grandchildren. Like planting a tree, planning a city sometimes means you will work hard for something you may never see in your lifetime. Plus, I gotta respect a guy who gives up golf for riding a motocycle.

One of the people that works hard every day to help Nashville forever keep it distance from third world problems is Scott Potter at Metro Water Services. For those of you who don't keep up you may think that MWS is still a backwater filled with too many political patronage jobs, not enough customer service, and excessively high rates. If so, you would be wrong. Metro Water Services has not seen a rate increase since 1996. In 1999, sewer rates were actually cut 25%. Scott, who has been on the job since 2002, and the rest of the management team have used their time wringing as many inefficiencies and poor management practices as possible out of their system. The result is one of the unsung success stories of government. Operation and Maintenance expenses for Metro Water Services have increased an average of about 3% a year for the last 9 years despite the additional responsibility of the Cumberland Utility District. We are lucky to have Scott and the rest of his team especially considering most of them could make a lot more money in the private sector.

The entire Board of Zoning Appeals can stay for as long as they can endure the tedium and vagueness of the Metro Zoning Code. As someone with first hand experience with the "before" and "after" I can say I like today's model better. I can recall a time when one BZA member was fond of taking cell phone calls during meetings. While residents of a community were pouring out their hearts to the board, he would sit in full view of all and talk on the phone loudly enough to be picked up by the audio tape recording the meeting. Some years ago, during a particularly contentious meeting, the consultants for the property developer learned this board member's cell phone number and called it throughout the meeting so he could not hear the testimony. This board member nonetheless concluded he had paid enough attention to vote in favor of the property developer and against the concerned neighborhood. Today we have Ibba Surface who is smart, funny and knows to call em like she sees em. Charlie Williams, David Ewing and Jane Cleveland are also outstanding members. I frequently disagree with their decisions but I cannot argue with how they make them. They are honest, fair, intelligent and thoughtful.

So Gail, I'll see your 10 and raise you 2 plus a half dozen board members!

Board of Zoning Appeals Defers Church

2007-09-22T08:26:00.000-05:00

On Thursday September 20, the Board of Zoning Appeals deferred their decision on the West Nashville Church of Christ at 825 Templeton Road. The BZA asked church leaders to re-work the plan to accomodate certain suggestions and comments from the neighborhood and from the Department of Public Works.

Notes from August 30 Community Meeting

2007-09-01T08:55:00.000-05:00

On August 30 we had a very well attended community meeting regarding the Special Exception application of the West Nashville Heights Church of Christ for a new church at 825 Templeton Road. Joining me at the front of the room were Jim Dillingham and Larry Heim of the West Nashville Church of Christ and Philip Piercy of Littlejohn Engineering.

The meeting began with Jim Dillingham presenting the site plan as submitted to Metro Zoning. Two aspects of the plan were different from the concept presented at a Community Meeting on July 5. The first was that an original planning goal was to make sure traffic used Charlotte and Old Charlotte for ingress and egress and the plan submitted called for additional driveway access on Templeton. The second change was the inclusion of parking at the rear of the church along Templeton instead of keeping it closer to the Old Charlotte side. Mr Dillingham and Mr. Piercy explained these changes. The driveway access along Templeton was designed to improve circulation within the parking area. Additional curb cuts on Old Charlotte are somewhat limited because the code will not allow them with 50 feet of a corner. The inclusion of parking in the rear was designed to preserve existing tree stands on other parts of the property.

What followed was a Q & A period. Questions from the audience centered on additional expansion plans of the church, signage, location and buffering of parking areas, ingress and egress, traffic impact, lighting and security. Let me take those topics one at a time.

Expansion plans: The Church has no plans to expand. They have a largely older population and are looking to accomodate the specific needs of the elderly. They may at some point build a multi-purpose/gymnasium building on the parcel. Certain church members own and/or control other lots nearby. I reminded both church leaders and residents that any expansion of use beyond those integral to a church's function like worship service, sunday school, bible study, etc., would require an additional round of approvals from Metro. Installation of additional parking lots would likely be approved by staff but new buildings or the establishement of a day care or school, for example, would go back to the Board of Zoning Appeals.

Signage:There was concern about the height and lighting of a church sign. Representatives of the Church has not yet decided on the size and position of a sign. I expressed my personal preference that the sign be monument style with no flashing or scolling text and be remotely lit. Several people expressed concern about too much lighting and too high a sign.

Location and Buffering of Parking Areas: People who live across from or next to the church expressed concern about the location of the parking areas. Many of the people on Templeton wanted the parking area proposed for the rear of the church be moved to the Old Charlotte side. The property owners on Old Charlotte, however, wanted to retain the existing trees and house as a buffer to their home. Moving the parking area to the Old Charlotte side would require the removal of a number of large trees. Several people asked that the church exceed the required buffering requirements of the parking areas by planting more shrubbery and some understory plantings. Church leaders asked for suggestions. I suggested that area residents drive by St George's on Harding Road for an idea how nicely a parking lot can be landscaped. Though not discussed, berms are also a great tool for screening a parking lot from view.

Ingress and Egress: Residents expressed a preference for locating all ingress and egress on Old Charlotte. This desire may run afoul of code requirements that prohibit curb cuts within 50 feet of a corner. Mr. Percy made note that a churchgoer who wished to use Templeton would still do so regardless of where the curb cuts were made. I think there will be more discussion on this one.

Traffic Impact: See above. A traffic study is not required for this application but the BZA could mandate one. Such a study would give a good understanding of the number of car trips generated by church services and activities. Neighborhood residents are also free to obtain a traffic study on their own. One concern I have is that traffic engineers have in the past indicated that the green buffer between Charlotte and Old Charlotte should be cut through at Templeton. Anyone who lives and drives in that area knows that it makes a natural traffic calming device and allows a residential area to exist in close proximity to an arterial street. The church has indicated that they would not alter or develop this green space and intended to keep it in a natural state.

Lighting: On the one hand residents expressed an interest in avoiding any more light pollution. These residents wanted the lights to be placed and shielded so as not to shine in their homes or on their property. Other residents were concerned about safety and thought lighting would help mitigate those concerns. I think there are a number of commercial lighting solutions for this problem. Ensworth High School on Highway 100 has some nicely hooded lights around their campus that provide safe lighting with very little light pollution.

Security: There was a great deal of discussion about security. Residents expressed concern about a large space in close proximity to the heavily traveled Charlotte Pike that would be unsecured in the evenings. One suggestion was that security gates be installed at the entrances to the parking lots. No consensus was developed around a way to address these concerns.

For anyone who does not have it, here is a copy of the site plan:

What is a Special Exception?

2007-08-31T07:57:00.001-05:00

Last night we had a community meeting on a Special Exception Permit application by the West Nashville Heights Church of Christ. The post above will provide you with information about this meeting. Here, I am going to try and explain what a Special Exception is.

Many years ago, the Metro Council delegated some of its land use decision making to the Board of Zoning Appeals. The council essentially said that if certain land uses - churches, schools, day care centers, recreation centers, cultural centers - were able to meet a set of conditions then the Board of Zoning Appeals can allow these uses in residential areas. The decision making on whether one of these uses can locate in a neighborhood moved from being a political decision of Council to a legal one of the BZA.

When to Board of Zoning Appeals hears one of these cases, it is the burden of the applicant to establish whether or not they have met all the conditions set out in the Metro Code. An applicant has no right to this permit unless the BZA is satisfied that they meet the conditions. There are two types of conditions for a Special Exception Permit - general and use specific. The general conditions can be found at 17.16.150 of the Metro Code and include things like Design and Architectural Compatibility, Historic Preservation, Traffic Impact and Integrity of Adjacent Areas. Conditions specific to a particular land use like church, cultural center, day care, etc can be found in the Metro Code beginning at 17.16.160. Relevant to this discussion are the conditions imposed on a religious institution and those can be found on 17.16.170 E.

At a BZA hearing, the Board will begin by opening the public hearing. The applicant will present their plan and an explanation as to how they meet the necessary criteria. The Board then allots time for any opponents to the application. These hearings can get a bit tense. Often times, residents of a neighborhood were unaware that their residential zoning allowed Special Exception uses until the little red signs showed up on their street. Some neighborhood residents think that if they appeal to their Council person, a Special Exception can be blocked similar to an undesirable re-zoning proposal. This is not the case. While the BZA is respectful of our opinions it is not the only factor they consider as they weigh the merits of an application.

Special Exceptions for religious institutions can be especially thorny because constitutional concerns may develop should the religious institution be unreasonably hindered from land use approval. Nonetheless, a neighbor or a neighborhood adjacent to a Special Exception proposal can and should object when the proposal does not fit comfortably within the community. If that is the case, the opponents should come armed with their own data including but not limited to traffic impact studies and/or property appraisals.

One of the nicer things about this process is the BZA's broad authority to set conditions on the Special Exception. These conditions can include limitations on hours of operation, extraordinary setbacks, permit expiration dates, periodic compliance review, limitations on accessory uses, limitations on activities in certain areas of the property, etc. The purpose of these conditions is to mitigate or remove concerns from the codes and zoning departments, the traffic and parking departments, the BZA and concerned neighbors.

In the end, the BZA will weigh the evidence, establish conditions and make a decision much like a panel of judges do. A decision by the BZA can be appealed on a writ of certiori to Chancery Court.

Crime, traffic and Captain Mickey Miller

2007-08-30T08:41:00.001-05:00

I had a very nice meeting with the West Precinct Captain, Mickey Miller yesterday. Joining us was Keith Newcomb of the Hillwood neighborhood. Recently, we have had a spate of larcenies - mostly the theft of yard equipment and loose change from automobiles. We also have a number of drivers, especially those who captain dump and cement trucks, who like to drive like bats out of hell down Davidson Road.

West Precinct is one of the best in Nashville but it is HUGE. It has the second largest land area and the largest population. It takes in the land area from the county line to the inner loop and includes neighborhoods like West Meade, Hillwood, Sylvan Park, Richland, Central, Whitland, Belmont Hillsboro, Oak Hill, Forest Hills, Green Hills, and Berry Hill. The West Precinct is broken into zones. The 23rd District has part of two zones; 27 and 35.

Each zone has but one patrol. That is one patrol car to cover the area from White Bridge to Old Hickory and from Charlotte to Harding Road/Highway 100. So District 23 is sort of like the well behaved sibling of distruptive child. When there is a serious problem that needs attending, the patrol will be diverted from the assigned zone. This diversion is probably not as much of an issue here as it might be in other understaffed areas. We have a low crime rate and when one occurs it is rarely serious. Plus, the low density residential, the large lawns and deep setbacks make patrols a little less effective than they are other places like Belmont Hillsboro and Hillsboro West End.

Don't misunderstand me. Like the rest of Metro PD, the West Precinct is short patrol and traffic officers. We need more feet on the street. I plan to support Chief Serpas efforts to make that happen.

That's the background so back to the problem at hand. We need two neighborhood watch groups; one for Hillwood and Hillwood Estates, and one for West Meade, particularly the area between Brook Hollow and Davidson. There is simply no replacement for people living in houses keeping their eyes peeled for suspicious or abnormal behavior. Until we can establish these neighborhood watch groups, we need people to report all actual and criminal activity. If the police don't know they won't allocate the necessary recources.

On the Davidson Road traffic issue. Captain Miller will assign enforcement to encourage slower driving. As a result of this enforcement action, speeding will likely get better and Captain Miller will reassign those officers. He will need to know when it becomes a problem again so they can go back to enforcement. I am going to ask Traffic and Parking to look at lowering the speed limit for trucks only. I'll let you know how that goes.

Does Anyone Else Remember "Read My Lips?"

2007-08-29T08:23:00.000-05:00

Yesterday, I received a direct mail piece from Bob Clement promising me that he would not raise my property taxes. He went on to imply that Karl Dean, having made no such promise, would not be so nice. For the record, Karl Dean, has pretty much made the same promise.

I suddenly had flashbacks to the late 1980's. Remember George Bush the First? "Read My Lips, No New Taxes?" As soon as he was elected and peered into the morass known as the Federal Budget, he realized he had done a really stupid thing. Faced with just two options, raise taxes or cut the budget, he chose the former. The rest, they say, is history. George Bush I was the only one term president in many years.

So, what is going on here? Are we going to see a careful parsing of words in a couple years? "I said that I would not raise property taxes but I didn't say I would not ask the Council to raise them." Or, are we going to see major cuts? There is no question that if you wrestle some of the more difficult budget problems to the ground like the $50 million dollar subsidy for the Hospital Authority you can avoid asking for additional revenue....for a while. There is also no question that you can avoid asking for addtional revenue by cutting all non-essential government services: Parks, Arts Commission, Human Relations Commission, Library, subsidies to the Mary Parrish Center, Adventure Science Center and the Symphony and fund only police, fire, health and schools.

But, if Clement thinks people leave Davidson County because of higher taxes, (They don't. They move to Williamson County for the (perceived) better schools and the wall to wall soccer fields) wait til he starts cutting the middle class perqs like Parks and Library.

Perhaps these two gentlemen are the first in years who just want to be mayor for 4 years.

Better Late than Not At All

2007-08-24T09:31:00.000-05:00

My sister has been bugging me about starting a blog for over a year now. She's one of those blogging pioneers in California that the mainstream press first complained about and now tries to imitate. See http://www.spot-on.com/.

Well, it took a while but now we are up and running. This blog will try to keep residents of District 23 apprised of activities and events in the community. For you local government geeks, it will also include information about Council legislation and activities or antics, depending on your perspective.

So, we are off to the races.