Michele’s Substack

Michele’s Substack

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Why should we all care that Metro Council just voted to merge the Gulch Business District with the Downtown Partnership?

21 years with no oversight, State Troopers arresting unhoused residents, and propane tanks exploding the downtown library parking lot, for starters
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Michele Flynn
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Nashtivists
Jul 17, 2025
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Transcript

(NOTE: Extensive citations and research links are included at the end of this post, courtesy of Mike Lacy.)

Friends, Mike Lacy outlines in the interview (above) and his most recent Substack, Prometheus (below), the challenges associated with Metro Council agreeing to allow the District Management Corporation to merge the Gulch Business District with the Downtown Partnership into the newly established Downtown Central Business Improvement District. The District Management Corporation has been subcontracting with the separate non-profit, the Downtown Partnership, year after year without taking bids, while sharing several of the same Board members. The Downtown Partnership subcontracts with Solaren Risk Management, who hire off-duty State Troopers to arrest unhoused people while also running the Block-by-Block program that links unhoused people to available resources (what one hand offers the other takes away).

What could be wrong with this arrangement? Only that the District Management Corporation failed for 21 years (REALLY!) to submit a budget to the Metro Council for approval as required by law. The lack of sufficient due diligence regarding health and safety issues led to the explosion of the library garage- thankfully, no one was injured or killed. Who is liable and who will pay for this lack of transparency? Why did the Council feel the need to rush to vote for this merger? And why would Sponsor Kupin not withdraw his motion to pass it, when nothing can take effect until December 2026?

Lacy had shared his July 15th article and PowerPoint presentation with Council members BEFORE their vote, so they were well aware of the issues involved and questions that needed to be addressed (Council Votes Tonight on Whether To Reward Downtown Partnership After Decades of No Oversight on $60M+…What's the worst that could happen given the explosive revelations of late when it comes to DTP and Council's entangled history?)

Below are some clips from the Public Comment period regarding this merger. Vice Chair Henderson asked that those offering supportive comments go first. Among the 18 public comments was Tony Giarratana (his company’s website includes future development plans for Nashville). Ironically, members of the Bells Bend Community were in the audience to protest the rezoning bill brought by Councilperson Kimbrough to rezone a property along Ashland City Highway that Walker Trucking was hoping to expand, even though they had been illegally operating their facility, and the community did not want it. Although Kimbrogh withdrew her Resolution, members of the community still offered their concerns, including Joe Ingle.

This same small but mighty Bells Bend community had successfully protested years before against Giarrantana’s plan to build a second Nashville, called May Town Center, in the Bells Bend community. That project by Giarratana was just one of several efforts to reshape this rural gem in west Davidson County, as documented in the 1989 article “Keep it Country.”

Another person offering support for the merger was Derk Melton with MarketStreet Enterprises, the “Master Developer of the Gulch neighborhood.”

Malik Gay, VP of Livability with The Chamber and resident of The Gulch supported the merger.

Jeanette Barker, Vice President, Nashville Downtown Partnership, talked about its benefits:

Among the 19 people speaking AGAINST the merger bill were the following.

Spenser Sharp:

Charlie Weingartner:

Lindsey Krinks, Open Table Nashville:

John Lozier, The Downtown Clinic and the National Healthcare for the Homeless Council:

India Pungarcher, Open Table Nashville:

Nicole Williams, @startleseasily raised the underlying issue of trust:

Councilperson Kupin commented that while the bill, BL2025-846, is not perfect, he had invited people to bring their concerns to him, said the bill is not intended to solve the housing and homelessness issues raised by those in opposition, but failed to address the other concerns raised by concerned citizens. Lacy’s post identified a lack of Council oversight, failure of the Management Corporation to submit required yearly budget requests directly to the Council, and the choice to use an aggressive arresting approach with unhoused neighbors via a contract with Solares.

Kupin also said these are not “tax dollars,” but below you will hear a very eloquent presentation by Councilperson Evans-Segall that identifies how these funds are, in fact, a tax.

(NOTE: Lacy pointed out in our interview the number of unpopulated units, both housing and commercial, that are going unoccupied in The Gulch, adding to the lack of housing scarcity in Nashville.)

Councilperson Parker introduced an Amendment to require that new members to the District Management Corporation Board be approved by the Metro Council as a way of providing some oversight to the group.

Evans Segall outlined how in 2013 and 2021 the Council passed a sales tax for the downtown, “which applies to all goods and services sold downtown,” with a percentage of the sales tax going directly to the District Management Corporation. This bill translates into an additional sales tax levy, affecting every person who goes to the Gulch, “for food, shopping, and entertainment,” not just the property taxpayers. “To the extent our citizens are paying a tax, we have a right to say how those tax dollars are spent.” Evans-Segall also expressed support for Parker’s Amendment.

Suara spoke to the issue of trust, noting that “how the community views this” is important. She expressed support for Parket’s Amendment.

Sepulveda said, “If we are spending constituent tax dollars, we need to be sure we are having oversight. That’s just good governance,” noting she supported Parker’s Amendment.

Councilperson Cash accepted responsibility, on behalf of the Council, for failing to secure a copy of the District Management Corporation’s budget “for several decades,” which “is on us.” He expressed support for Parker’s Amendment because “it will give us influence as to who is managing this pool of taxpayer money and services.” He thinks this will foster “public conversations about issues and concerns and congratulating things that are going well.”

Amendment One passed by voice vote.

Kuper offered Amendment 2 designated a specific date when the budget needed to be provided to the Council. Amendment 2 passed by voice vote.

Preptit offered Amendment 3, which added a reporting requirement that data be collected and provided to the Council by the District Management Corporation detailing the use of force incidents by its subcontractors.

Suara talked about the impact of a lack of oversight and harassment of people living on the streets of Nashville, voicing full support of Preptit’s Amendment. She also questioned why off-duty TN Highway Patrol officers were being paid to police the unhoused instead of the Metro Nashville Police Department, given the recent history of kidnapping immigrant residents in Nashville.

Preptit’s Amendment 3 passed by voice vote.

Preptit then offered Amendment 4, requiring the District Management Corporation to create a grievance procedure allowing members of the public to file a grievance with the new Central Business District that is “publicly facing” and can be submitted anonymously. A copy of the grievance process is to be provided to the Council within 4 months of the bill’s passage.

Amendment #4 passed by voice vote.

Councilmember Porterfield initially made a motion to defer Councilperson Kupin’s bill to 2026 because, “We are creating a quasi-government that has limited oversight, the way we’re doing it right now.” She indicated she and the Council need more education about Business Improvement Districts and planned to set up a study group for Council members and stakeholders so they can learn more, given her role as the Business and Finance Chair.

There was a question as to whether a deferral at this point, at 3rd reading, was inconsistent with state law. City lawyer Darby said the only choice members had was to vote yes, in favor of the bill, or no, against it.

At that point, Porterfield withdrew her motion to defer and instead asked the body to vote no.

Darby clarified for Kupin that if the vote failed, he would have to wait one year to bring it back before the Council again.

Kupin then talked about the “phenomenal” amount of time he had spent trying to work with folks who had concerns about this bill and attempted to address them. He mentioned that he serves ON THE BOARD OF THE DISTRICT MANAGEMENT CORPORATION (what, no conflict of interest?)

Kupin expressed concern about having to wait more than a year to move his bill forward if he didn’t go forward with it at the meeting. He noted that it was the Council’s responsibility to secure the yearly budget from the District Management Corporation and its own fault “because we didn’t ask for them.” Kupin indicated his decision to move forward with a vote was a matter of trust and about partnership (but with whom?)

Vo asked when The Gulch Business District would expire and was told by Attorney Darby that it would occur on December 31, 2026. She then asked if this bill was not voted on at this meeting, could it be presented again to the Council with these Amendments, and was told no: if the bill failed, the Amendments would fail with it.

Porterfield then asked what impact it would have if the Sponsor withdrew the bill. Darby’s mike was turned off, so it was difficult to hear her response, but it seemed that she agreed that if it were withdrawn, rather than voted down or deferred, the Sponsor could bring the bill back at any point in time.

This was the moment when Kupin could have asked to withdraw the bill, knowing he could bring it back up any time, but instead he chose to go forward with the vote, which passed 29-6 (Porterfield, Kimbrough, Benedict, Welsch, Vo, and Sepulveda voted against) with Gadd abstaining.

In other Council business, RS2025-1355, a resolution to approve the criteria for operating support and Thrive grants for FY2026 for the Metro Nashville Arts Commission, the vote was 27-3 (Eslick, Evans, and Ellis), and Webb abstained.

Regarding RS2025-1360, a resolution approving an agreement between Metro Board of Health and Vanderbilt University Medical Center to provide clinical teaching experiences to graduates for Pediatric Residency and Adult Infectious Diseases, without discussion, nine members voted against the bill. I surmise these were protest votes because Vanderbilt had abdicated its commitment to provide care to people in the Trans Community. While the bill passed, 18-9, those voting against it were Hill, Parker, Capp, Benedict, Bradford, Welsch, Vo, Gadd, and Sepulveda. The five who abstained were Suara, Porterfield, Evans-Segall, Kimbrough, and Preptit. Because it only required a simple majority, the bill passed, but it carried a clear message to Vanderbilt not to mess with LGBTQIA+ residents of the city.

Suara moved RS2025-1374, a Resolution supporting the passage of the John Lewis Voting Rights Advancement Act of 2025 in the US Congress.

The Resolution was adopted by voice vote with no objections.

BL2025-872 would amend the zoning from AR2a to SP for a portion of property located at 3187 Franklin Limestone Road. The community turned out in advance and also offered comments during the Public Comment period, objecting to this zoning change for a number of reasons.

The first speaker was concerned about safety issues with the road itself and the resulting noise, flooding, and air pollution from the nearby quarry. He also objected to the loss of trees and was concerned about the lack of sufficient notice about a public meeting.

Clare Norris shared her concerns about the lack of safety, loss of a noise barrier and dust barrier, and the destruction of the wildlife area. She said the signs that had been posted about the community meeting had been taken down, so lots of people didn’t know about it. Also, across the street, a new asphalt plant is being added to the area, increasing the number of trucks on the narrow street with no sidewalks.

Evans-Segall addressed the signage issue and is working with NDOT to create a safer traffic pattern to alleviate some of the danger on the road.

RESEARCH and CITATIONS:

Sources and Citations

1. Nashville Metro ordinances from 1998 creating District Management Corporation

Key Finding: Ordinance No. O98-1037 created the Central Business Improvement District and District Management Corporation in 1998.

Access Information:

  • Current Code Reference: Chapter 2.177 of the Nashville Metropolitan Code Nashville

  • Amendment Reference: Bill No. BL2000-404 (2000) references the original ordinance

  • Direct Access: Full text requires records request to Metro Clerk's Office

  • Contact: metroclerk@nashville.gov | (615) 862-6770 Nashville.govlegistar

  • Legislative Information Center:

https://nashville.legistar.com/

Status: The ordinance is definitively identified, but the complete 1998 text is not available online and requires a formal records request.

2. IRS Form 990 returns and tax-exempt organization searches

Nashville Downtown Partnership Inc

Nashville District Management Corporation, Inc.

  • EIN: 621747009

  • GuideStar Profile: https://www.guidestar.org/profile/62-1747009

  • Available Years: 2021-2023 (requires GuideStar registration)

  • ProPublica: Not found in database

  • Status: Limited public accessibility; recent 990s available through GuideStar with registration

IRS Official Search Tools:

3. Tennessee Department of Commerce Private Protective Services licensee information for Solarin Risk Management

No public records found for Solarin Risk Management in Tennessee's private protective services databases.

Verification Resources:

  • Tennessee License Verification:

https://verify.tn.gov/

Status: Direct search required through official Tennessee verification systems.

4. Metro Nashville Internal Audit reports from 2011 regarding business improvement districts

Two reports issued October 13, 2011:

  1. Gulch Business Improvement District Audit

  2. Nashville District Management Corporation Audit

Additional Access:

Status: Both reports are publicly available and directly downloadable.

5. Nashville library parking garage explosion reports and fire investigation documents

Incident: June 10, 2025, Downtown Public Library Parking Garage Fire nashville

Key Documents:

  • Location: 151 6th Avenue North / 523 Church Street, Nashville WSMV

  • Cause: UNDETERMINED - extensive damage prevented complete investigation WSMV

  • Fire Department Records Request: nfdrecordsrequest@nashville.gov WSMV

  • Key Finding: Arson ruled out; electrical failure could not be confirmed NewsChannel 5WSMV

News Coverage:

  • Nashville Banner interior damage photos (July 14, 2025)

  • Multiple local TV station coverage (WSMV, WKRN, NewsChannel 5)

  • Associated Press national coverage

Status: Official fire investigation report available via email request to Nashville Fire Department. WSMV

6. News coverage of Tennessee Highway Patrol and ICE raids collaboration

Major Operation: May 3-10, 2025

Key Coverage:

Status: Extensive recent coverage freely accessible from multiple news sources.

7. Phil Williams NewsChannel 5 investigation on "Greyhound therapy" and homeless bus tickets

Investigation Found: "Group Pays To Bus Many Homeless Out Of Town"

Status: Investigation accessible but specific Phil Williams attribution not confirmed.

8. Tennessee camping ban law from 2022 (felony camping)

Legislative Details:

Key Provisions:

  • Penalty: Class E felony (up to 6 years prison, $3,000 fine) justia +10

  • Scope: All public property (expanded from 2020 state property ban) NPR +5

  • Warning Required: 24 hours notice before arrest justia +3

Access:

Status: Full text freely accessible online.

9. ProPublica nonprofit explorer data for these organizations

Available Data:

Status: Mixed availability - NDP fully documented, DMC not in database.

10. Legal resources on "piercing the corporate veil" concept

Authoritative Sources:

  1. Cornell Law School Legal Information Institute

  2. Wagenmaker & Oberly - Nonprofit Focus

  3. Charity Lawyer Blog - Nonprofit Applications

  4. Aaron Hall Attorney - Nonprofit Law

Key Cases: Zimmerman v. Puccio (2010), Macaluso v. Jenkins (1981) establishing doctrine applies to nonprofits. wagenmakerlaw

Status: All resources freely accessible without paywalls.

11. Nashville Scene and Tennessean articles about these topics

Nashville Scene (All Freely Accessible):

  1. CBID Expansion Coverage (2024)

  2. Council Meeting Analysis

  3. Library Fire Controversy

  4. Homeless Relocation Program

© 2025 Michele Flynn
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