Michael Silence had a couple of articles in yesterday's News Sentinel about the TVA land use policy review and the public comments.
Read more after the jump...
There was a post here recently about the public response. The Maryville paper indicated that the responses "overwhelmingly opposed" sale of TVA land to developers. In comments on that post, Michael said "I talked to Gil Francis this morning and he says he did not give to the Daily Times a breakdown of the responses. He says there is not one yet." He also said he had been pestering TVA for a breakdown.
Apparently he got one. In this article, he says that 90% of the 4000 public responses opposed sale of TVA land to private developers.
(Note: the comment period on the proposed policy has been extended to Tuesday Nov. 28th. You can submit your comments to landpolicyhearing@tva.gov. A summary of the proposed plan is here.)
Of course Bill Baxter, who presided over the recent controversial "land swap" deals mentioned in the article, doesn't agree. He says "The first draft recommendation is too restrictive and penalizes economic development." And of course, KNS editor Jack McElroy agrees with Bill Baxter.
But here's a curious development. Michael Silence's other article from yesterday (which has mysteriously been moved to the paid archives only one day after it was published) says that TVA is reviewing its policy of not releasing the names of people who submit public comments. The article also says that KNS has requested the names of people commenting on the land use policy under the Freedom of Information Act. TVA says they are trying to balance FOIA requests and the public's expectation of privacy. (UPDATE: There was apparently a technical glitch publishing the article online. It is now available here.)
The real question is, why is the KNS so interested in the list of names? It's pretty obvious that 90% of the public opposes the sale of TVA land to developers. It might be interesting to know who the 10% are that don't oppose it, but it probably includes developers like Thunder Thornton and Mike Ross, and probably some Bush Pioneers and other prominent members of the KNOXGOB Downtown Developer and Prayer Meeting Club. It's not clear, however, why the TVA PR staff at the KNS would want to bring attention to that.
Anyway, here's what I think about TVA's land use policy, and I don't care who knows it (I am R. Neal and I approve this message).
There should be four guiding principles:
1. Proceeds from any sale or lease of land that was taken by eminent domain should be used to reimburse the original owners or their heirs for the current appreciated fair market value of the land. TVA should not make a windfall profit from running people off their land, in some cases at gunpoint.
2. Deed or lease restrictions should be included such that any commercial or recreational use must be open to and for the benefit of the public and may not include exclusive "clubs" or other types of exclusive development. It should require strict regulation and enforcement of environmental protections for such such things as bilge pumping, fueling operations and managing spills, waste holding tank dumping, etc. There should also be assurances of funding for strict enforcement of safe operating rules. In any case, TVA must remain committed to maintaining natural habitat and public access for outdoor recreation.
3. Reservoir land should not be used for industrial development except in the rare case where barge transportation is critical to the success of the project and only if the project will significantly benefit the local economy. And it should require strict environmental regulation and enforcement.
4. Residential development should be considered (here's where I might, gasp, agree somewhat with Bill Baxter, because I might want a lakefront house someday) but only if it will provide an economic benefit to the local tax base and reflect the character of the community. Deed restrictions should prohibit "exclusive" gated communities and require affordable housing and mixed office/retail/commercial use in a neighborhood setting. The mix of housing should match the existing mix of housing in the county/region. For example, if 80% of the housing is in the $100,000 or less range, then the development must allow for 80% of the new units to be in the $100,000 or less range. Or something like that.
Other than that, I think the proposed land use policies laid out by TVA seem about right. Frankly I'm a little surprised, but it's nice to see the new board reining in the go-go policies of the previous TVA administration.
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If I'm not mistaken, TVA is
If I'm not mistaken, TVA is reviewing its policy of releasing names because of a request from the KNS.
I think it's a horrible idea because it will cut down on the # of folks who feel free to comment. Plus it would be incredibly unfair in this particular instance because folks who commented didn't have any idea their names would be released.
But if you want to get pissed at somebody, get pissed at the KNS.
BTW, I don't think it's fair to compare this to the T&E data. There is a legitimate interest in keeping that info confidential, since there are plenty of folks who would just love to go out and destroy the last known example of a particular species for the pure hell of it.
think it's a horrible idea
think it's a horrible idea because it will cut down on the # of folks who feel free to comment. Plus it would be incredibly unfair in this particular instance because folks who commented didn't have any idea their names would be released.
I agree. The first thought that crossed my mind was that the KNS is trying to stifle public comment by sending a message to future potential commenters that they will be outed. (Sorry, Michael.)
As far as people not expecting their names to be released, I have always assumed that any correspondence with a government agency or public official is public record. I guess others don't have that expectation. They probably should.
assumptions
My assumption is that TVA is trying to protect developers and GOBs who submitted comments and KNS is trying to out them.
I see no justification for TVA in hiding the names, and it is the agency, not the newspaper, that needs to explain itself. Anyone who responds to a request for public comment on a public policy proposal and expects their input to be private is delusional.
Note, btw, that KNS listed every single person who submitted letters on behalf of Scott and Bernadette West, a circumstance where an expectation of privacy might have been more reasonable.
KNS listed every single
KNS listed every single person who submitted letters on behalf of Scott and Bernadette West, a circumstance where an expectation of privacy might have been more reasonable.
Yeah, I wondered how many people were wincing that morning.
They take proper care of
They take proper care of terribly important environmental data, but if they give in on a FOIA in this instance, then a properly formed FOIA for that environmental data would have to be assented to.
I'm no lawyer, but I'm not sure that's true. TVA can demonstrate the possibility of harm if T&E data is released; I'm not sure the same standard holds for releasing the names of folks who commented on an issue.
Not saying they should release the names, just that I don't think the two situations are equivalent.
Randy's advice is best - any time you comment on a public issue to a public agency, better assume you could be quoted.
I guess for me to pile on is
I guess for me to pile on is like Kyle of "South Park" saying, "They killed Kenny, you bastards". Disagreeing with the News Sentinel is a frequent event.
I have lost the capacity to be surprised by the actions of the News Sentinel. It is so predictable.
Expectation of privacy
If feedback is taken at a public hearing, the commenters obviously accept the fact that their identity is being reveal.
Should the same principle lie here?
Brian A.
I'd rather be cycling.
The Real Question
R. Neal asked, "The real question is, why is the KNS so interested in the list of names?
Not to disagree, but the real questions is, why did TVA take down the list of names it originally posted to the Land Policy webpage?
I took a personal interest in the list because my attempts to fax my comments to TVA failed requiring me to e-mail my comments as an attachment to an e-mail message.
For what it's worth, if you respond to a draft EIS, you can expect to see your name listed and your comments reproduced in the final EIS.
Stan G
Submitted by metulj on Sun,
Submitted by metulj on Sun, 2006/11/26 - 12:10pm.
Stan, but isn't it the case that the pull example comments and not the whole lot into the EIS?
I'm not the expert; however, many of the EIS's that I have read appear to include and reproduce every response including the letterhead, the comments, and the signiture - often in a supplemental volume.
Nope. An EIS contains every
Stan, but isn't it the case that the pull example comments and not the whole lot into the EIS?
Nope. An EIS contains every single comment received, usualy as an appendix.
Does Real Estate Development = Economic Development?
Not in my opinion. I have to believe that Congress chartered TVA to provide jobs for those citizens living in the economically depressed Tennessee Valley; it did not intend for politically connected, wealthy real estate developers to increase their wealth at the expense of those citizens whose livelihood depended on the land.
From a recent KNS article:
“Lowe’s Ferry, a 303-acre gated residential development on Fort Loudoun Lake in Blount County ….
Prices after the discount will start at $79,900 for interior parcels and $199,900 for waterfront property.
The development includes a community yacht club with a swimming pool, a large deck overlooking the lake, a beach area and a proposed private, 70-slip marina for Lowe’s Ferry residents.”
In my opinion, if TVA does sell excess land for residential development, it should not include lakefront property and TVA should compensate the previous owners or their heirs for any added value the owners would have received had they sold the land to a residential developer rather than to TVA.
Litvinenko glow worms
I've been laying low on this issue through several postings on the subject. I haven't wanted to admit that I fudged my name on my comment I sent in. (*there*... now the naysayers will point to where the 90% aren't valid!) I did use a valid email address, but decided to deflect with my real name due to the rather extreme comment I left.
I never even saw the TVA page where they detailed the scope of what they were seeking comments for, I clikked the email off the local Sierra Club's page earlier this summer... where the description of what was going on was more limited. I thought they only wanted to ask "should there be a process for future land use?"
Here's my problem, TVA should not be left to decide jack s#*t with any of our public lands at this point. We (the citizens of each state) should regroup and assign TVA a secondary role in this matter of any changes of usage or ownership. TVA's mission has been perverted, it's strayed beyond the common sense of it's origins, it's bloated with bureaucracy to compare with any stagnation of water backed up behind a dam of a free flowing river. They should be handed to the Corps of Engineers and sell off the power operations.
Like many of the government agencies in this region... DOE, DOD, TVA, ORNL, (and would you be "shocked" to discover the size and numbers of contracting entities that feed off some of these agencies?) there's lesser chance of taking an objective and critical view of things at the local level without taking flak from local interests. Attending local meetings in the past, it's like you're taking food off their table... and it ain't pretty.
So excuse me for finding my objective voice behind my cowardly monikers. (anyone remember Steven Smith's travails?)
________________________________
we're living in a pathocracy!!
Mayor Ragsdale on WUOT
Did anyone on KnoxViews hear Mayor Ragsdale's comments concerning the proposed TVA Land Use Policy this morning. His primary concern was that it would not allow for the construction of a greenway between Knoxville and Maryville.
Here's a direct quote from the policy:
TVA shall consider leasing or granting limited easements over lands for the development of commercial recreation facilities or public recreation purposes if the property is so designated in a reservoir land management plan and a survey conducted by RSO&E determines that the site remains suitable for recreational uses and a continued need exists for such use.
What am I missing?
What am I missing? Nothing.
What am I missing?
Nothing. Either Ragsdale is uninformed, or he's using this as an excuse for the real reason he wants the policy changed.