Friday, July 10, 2009
Hannan / Politics Tony Giarratana Wants New May Town Vote
Posted by Caleb Hannan on Fri, Jul 10, 2009 at 12:18 PM
Mr. Giarratana's request fails to articulate a sufficient basis for Metro Planning Commission ("MPC") rehearing under the Rules and Procedures of the Metro Planning Commission ("the Rules"). Rule VI(K) of the Rules requires that the MPC find that 1) conditions have changed since the original hearing or 2) new information is available that was not previously available. Mr. Giarratana's primary basis for seeking a rehearing seems to be that the Board acted improperly in its procedural conduct when it made its decision. A challenge of that nature should be pursued in a Writ of Certiorari action in Davidson County Chancery Court, not in a Request for Rehearing at the MPC.
Dear Chairman McLean and Executive Director Bernhardt: On June 25, 2009, the Commission held a rather lengthy public hearing and cast several votes concerning the Scottsboro/Bells Bend Detailed Design Plan Alternative development Area policy ("ADA") and Specific Plan Zone Change Application ("SP"), submitted by Bells Landing Partners, LLC ("Applicant"). On behalf of the Applicant, I respectfully request a July 23, 2009, rehearing of the Commission's disposition of the ADA and SP. Please understand that this request is not made lightly. Indeed, taking into consideration what transpired during the Commission's deliberations, and given the eventual outcome of that process, I believe fairness, fundamental due process principles, and the Commission's own guiding rules and procedures weigh heavily in favor of a rehearing. As you recall, after about six hours of meeting and public hearing the gavel fell and, at around 10:00 in the evening, the first vote was called. During the ensuing 45 minutes of motions, debate and voting it became apparent to many in attendance that several procedural irregularities most likely undermined the entire voting process. To be sure, the late hour had an obvious impact on the Commission members expressing such sentiments as "It's late," "I'm tired," "Don't confuse me," and "It's confusing," all the while rubbing their eyes and shaking their heads. Many in the room that evening certainly shared these frustrations. Unfortunately, what occurred following the public hearing proved confusing, conflicting, and inconsistent. Some of the more apparent procedural errors include negative and double-negative motions, a main motion that incorrectly presented substantially the same question as the one immediately preceding it, out of order procedures, improper interruptions, inappropriate characterizations, and several inconsistent and ambiguous votes. When all was said and done, the irregular procedures employed by some Commission members may have had an adverse impact on the ultimate outcome of both the hearing and the vote. The procedures leading up to the many votes and the votes themselves clearly violated the Rules and Procedures of the Planning Commission and Robert's Rules of Order, both instrumental and decisive in governing and guiding the procedural due process aspects and requirements of any public hearing and deliberative body. In fact, the three votes which followed the first of the two motions on the ADA (i.e., the double-negative motion) was arguably an affirmative motion with an affirmative result approving the ADA which, in turn, would have led to approval of the SP. I respectfully submit that all of this irregularity, some examples of which are referenced above, adversely impacted the process and served to confuse its outcome, blur the intent of the body as a whole, and undermine the public's trust and confidence. Additionally, in an effort to respond to the concerns expressed by the Commission regarding the density of the SP, Applicant agree to reduce the density of the SP. Options for reducing density, at the election of the Commission, may include (1) deleting Phase V, or (2) reducing the total square footage of commercial space and the number of residential units and hotel rooms by 15%. To maintain the integrity of the process, to instill public confidence, to ensure the Applicant is guaranteed its fundamental due process rights, to promote a concept of basic fairness, and to correct the procedural errors that occurred throughout the evening, Applicant requests a new vote on the ADA and the SP. Under the circumstances, Applicant does not feel a new public hearing is required (both having been properly closed by the Commission) but is agreeable to a rehearing if deemed necessary or preferred by the Commission to clear up what is tantamount to a very clouded record. Thank you. Sincerely, Tony Giarratana
Comments (14)
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Maybe it's like the "public confidence" one sees when counting only the votes of parcel owners (sometimes multiple times) in Bells Bend to argue that a majority supports May Town Center. Or it's like the "public confidence" engendered when MTC supporters disqualify the views of Nashvillians in general based on the cock-eyed idea that they will not actually be affected by construction of MTC infrastructure and 3 bridges across West Nashville.
I don't support May Town Center, but Giarratana is exactly right. The commission's command over procedural rules was pathetic. I was shocked at what I saw and am surprised most of you weren't.
Let's have do-overs on ALL of the votes involving a late hour, tired commission members and confusing procedural irregularities, OK?
No?
Then STFU.
Of course we don't want a new public hearing; the public has already spoken...NO!
Let's run they guy out of the city. We are tired of seeing, hearing and knowing this asshole.
Amazing, especially in this economy some just don't see the light. Enough development! Its time for some conservation for a change.
Jack May should lend Tony a few bags of pot. The stash that guy keeps is unreal.
Councilmember Jason Holleman may appear to "know of such things", but he really doesn't.
According to one of the most definitive and authorized commentaries on the rules and procedures governing Metro Planning Commission's processes (Webster's applied Robert's Rules of Order, 2001 edition), “The right to vote is essential in preserving democracy in organizations and elected bodies. There are three principle that require consideration when a vote is taken: (1) Is the vote taken in a fair and impartial manner? (2) Does everyone who wants to vote get to vote? (3) Does the announced result represent the way the members voted?”
Why does Councilmember Holleman want to avoid an opportunity to clear up this matter once and for all? Why not grant a rehearing without just telling the May Town supporters "Just go to court and file a lawsuit"? Given the clear irregularities in the Commission’s vote (many Nashville papers even reported the vote as such, so this is not news) and the Commission’s inherent and express authority to right a wrong and clear up the record, does Councilmember Holleman truly believe the Commission's vote complied with these three fundamental principles governing a fair vote? Does he or does he not support these three fundamental principles?
Councilmember Holleman sounds like just one more political opportunist to me.
As long as we are on the subject of irregularities, there are enough to go around. Like, for instance the fact that the ADA, the MTC rezoning request, and Rick Bernhardt/the Planning staff's endorsement of the SP all violate Metro Planning's own Community Character Manual, which is supposed to be determinative of planning for Bells Bend:
http://nomaytown.blogspot.com/2009/06/planning-staff-supports-mtc-contrary-to.html
There is just as strong a case to say that this rezoning request should have never been allowed in the first place, and if it hadn't been for the wealth of the May family it wouldn't have; unless, of course, Bernhardt's planning department is simply fraught with self-contradictions and hypocrisy with regard to community character.
