Metro Requests Plans For Destruction of the Fairgrounds
Monday, 14 November 2011 23:16 | 
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It appears that some people within the Metro Government are still intent on destruction of the Fairgrounds, ignoring both the Metro Charter and expressed public opinion.
Let's start by looking at the referendum that you and thousands of other Davidson County voters passed last August. The actual wording of the referendum is below, but basically it amends the Metro Charter to require all events happening on December 31, 2010 to continue at the Fairgrounds, and that no demolition can be done at the Fairgrounds without a "supermajority" of the Metro Council voting in favor.
This referendum was passed with 43,273 voters in favor, and only 17,682 against, a ratio of almost 3:1. You would think that this would be accepted as a mandate by Metro government, especially since the mayor only received 50,391 votes in his bid for re-election.
However, in October, Metro Purchasing, a division of Metro Finance, issued a Request-for-Proposals asking for bids for a master plan converting the Fairgrounds into mixed-used development.
We contend that this RFP and it's proposed master plan are currently unlawful under the amended Metro Charter and we sent the following letter to all of the Metro Council, the Fair Board of Commissioners, the Purchasing office, Metro Law Office, the local and state District Attorneys and all local print and TV media.
October 20, 2011
Complaint Regarding Metropolitan Government of Nashville and Davidson County Release of Request For Proposal 12.395 Concerning The Tennessee State Fairgrounds.
It has come to our attention that Request For Proposal (RFP) 12.395 has been issued by the Metro Purchasing Department that is in opposition to the Metro Charter as amended by referendum on August 4, 2011.
The purpose of the RFP, issued in October, 2011, is stated as:
"Develop a Highest and Best Mixed Use Concept Plan for the Existing Fairgrounds Site. Recommend a development scenario which, according to generally accepted standards of the real estate industry, will result in the highest present value and bring the greatest net return (including, but not limited to tax revenue) in the foreseeable future. For purposes of this proposal, the Mixed Use concept shall include some combination of residential, commercial, office, institutional, light industrial and/or park uses. Uses are both vertically and horizontally mixed, create an active pedestrian environment, and are aligned along multi-modal streets. Do not be limited by the site's existing industrial zoning, which for redevelopment purposes is obsolete."
This is in contradiction to the Charter Amendment which states:
"All activities being conducted on the premises of the Tennessee State Fairgrounds as of December 31, 2010, including, but not limited to, the Tennessee State Fair, Expo Center Events, Flea Markets, and Auto Racing, shall be continued on the same site. No demolition of the premises shall be allowed to occur without approval by ordinance receiving 27 votes by the Metropolitan Council or amendment to the Metropolitan Charter." Chapter 6, Section 02 (11.602) (d).
While an ordinance (No. BL2010-820) was passed on December 21, 2010 that required a master plan for the Fairgrounds that would include mixed use development, that ordinance would have been rendered moot by the Charter amendment which requires continuation of the events as of December 31, 2010 on that specific site, and further precludes demolition of the premises without approval by Metro Council or additional charter amendment. No such vote has passed the Metropolitan Council.
We further find fault in applying the concept of "Highest and Best Use" to this or any other public property. There is not a single piece of property owned by Metro that could meet or exceed this standard, which applies to commercial real estate development.
The purpose of government, any government, owning property is to remove it from commerce and provide it for use by the public. If this standard were applied to public property, there would be no parks, schools, courthouses, public buildings, or any sort of public property.
The "highest and best use" of a public property is that use for which the public uses the property, which in this case, is a State Fairgrounds.
We also object to the proposed expenditure of many thousands of dollars of public money on this RFP in conflict with the provisions of the Metro Charter.
Because of these objections, we request that RFP number 12.395 be withdrawn and canceled by the Metro procurement office.
Fairgrounds Heritage Preservation Group, Inc.
Donna Crawford, President
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So far, the only response we have received is the following from Jeff Gossage, the head of Metro Procurement, where he takes the "Nurenburg Defense" ("I was only following orders") as to why his office did not take the initiative to reject the request for the RFP to be issued.
Dear Ms. Crawford:
This letter serves to confirm the receipt of your correspondence, dated October 20, 2011 and received by this office, yesterday, November 3, 2011. The letter requests that RFP 12.395 be withdrawn and canceled. The Procurement Division is administrative office within the Department of Finance. As defined in the Charter, our function is to satisfy the procurement requirements of the departments, agencies, and commissions we serve. The Master Plan RFP was conducted at request of the Planning Commission which is the agency coordinating the Council requested study.
You raised concerns about the RFP being in conflict with the Charter amendment. I am not in a position to opine on that issue. Therefore, I have forwarded your letter to the Department of Law to consider.
Sincerely,
Jeff L. Gossage C.P.M.
Assistant Finance Director & Purchasing Agent
Procurement Division
Cc: Department of Law
Solicitation File
It is our position that the referendum of August 2011 "mooted" or overruled both the ordinance that was passed last December (No. BL2010-820) and the previous proposal to establish a metro park on Fairgrounds property.
We contend that this ordinance was unlawful from the beginning because (1) the Metro Charter and state law both give the Fair Board of Commissioners "complete charge and control" of the Fairgrounds property and (2) does not give them the authority to pass any control over to the Planning Commission nor the Parks Department. This also applies to the idea of a park being created on the Fairgrounds, since the charter also stipulates that the property cannot be used for anything that would interfere with holding the State Fair there.
The Metro Charter and state law (Act 515) both set the Fairgrounds up as what is called an "enterprise property" much like the Airport Authority, the Sports Authority, etc.-- a separate entity from the Metro Government that "shall have full power to prescribe rules and regulations for its own government and organization..."
As far as the park goes, if the mayor has a spare $2 million (which he seems to have, the way he's spending money buying country clubs, shopping centers, and such) let him transfer that money to the Fair Board with an earmark for capital improvements. They can use part of those funds for new landscaping to make the Fairgrounds more park-like. But that neighborhood certainly does not need more soccer fields or ball parks and it's unlawful to transfer any of the Fairgrounds to the Parks Department or anyone else.
At the same time this RFP was issued, another one, RFP #12.394 titled "Fairgrounds Master Plan Phase 1: Fair and Events Analysis" was issued. The title sounds good until you read the actual RFP which states the following purpose:
"The Metropolitan Government of Nashville and Davidson County (hereinafter, “METRO”) is soliciting competitive sealed proposals from qualified firms for the purchase of the following products and services:
Specialized consultant expertise, using generally-accepted methodology, to develop criteria for a Tennessee State Fair and associated year-round venues, at a non-specific location, based on national best practices for comparable facilities and events; to project market demand, costs, benefits, and site impacts if the model were located on the existing Fairgrounds site; and, for purposes of comparison, to project market demand, costs, benefits, and site impacts if the model were located on a hypothetical greenfield site. This is a technical analysis undertaken to provide professional quality information to Metro decision-makers."
We did not send a formal objection to this RFP although it's unacceptable as well. The problems with this RFP can be cured by amending and editing the purpose and scope of the RFP.
Our main objections to this RFP are:
- The RFP calls for a "best-practices" plan that includes moving the Fairgrounds to another location. This is unlawful under the recently passed amendment to the Charter, which requires the Fairgrounds activities to continue at the present location, as does previous Charter provisions.
- It involves the Planning Department and Parks Department in decision making which is unlawful under the provisions of the Metro Charter.
- It calls for a Metro Park to be built on the Fairgrounds which re-purposes a portion of the property, transferring it to the Parks Department which is unlawful under the provisions of the Metro Charter.
We feel that a Master Plan for the Fairgrounds can be a good thing- sort of a map for long-term growth. But it should be strictly a plan to grow, maintain, and preserve what we have. And the recent referendum should have made it abundantly clear that the citizens of Davidson County wish to see the Fairgrounds remain in its current location and continue in operation with its current purposes.
It should also be kept in mind that these "studies" and reports are costly -- usually in the range of $20,000 to over $100,000 each, and it's likely that these RFP's would each come in at the higher end. Too much to spend "just to see what the figures are" and definitely too much during this time of economic depression, not to mention that most of what they're studying would be unlawful under the Metro Charter. So why are we even considering them?
Don't let the work that you and hundreds of other Davidson County citizens did to pass the referendum be for nothing! Let us not be run over by an un-responsive government!
Contact your council representative, or the whole council for that matter, and let them know that these RFP's are unacceptable and not in keeping with the new Charter amendment, which affirms the previous charter provisions. Let them know that you didn't work for passage of the referendum just to be ignored by Metro! And spread the word on this to your friends, neighbors, church, and co-workers-- anybody and everybody!
Together, we CAN make a difference.
