Industry Ties Could Prevent Planning Commission Nominee's Confirmation

Staff Reporter

Newly constructed houses on Olympic Street

Metro councilmembers are opposing the confirmation of Matthew Smith, COO of Haury & Smith homebuilders, to the Metro Planning Commission due to concerns about his ties to development interests and the Homebuilders Association. Smith and fellow real estate developer Aron Thompson were appointed to the Planning Commission by Mayor John Cooper's office to replace outgoing commissioners Jeff Haynes and Lillian Blackshear, but have not yet been confirmed by the council.

Even though their terms expired in March, Blackshear and Haynes have continued to show up to help the committee make its quorum. Meanwhile, Smith and Thompson have struggled to move through the confirmation process. The mayor's office referred Thompson and Smith to Metro Council's Rules, Confirmations and Public Elections Committee on May 2, starting a 60-day clock during which the committee can issue or withhold an official recommendation for each person's confirmation by the council at large. Thompson missed the body's next meeting (May 16), during which Smith was questioned about potential conflicts of interest and bias by committee chair Kathleen Murphy and fellow committee members Erin Evans, John Rutherford and Tanaka Vercher. Both were deferred to June 20. Councilmembers cited Thompson's absence and questioned Smith's readiness.

"I have a lot of concerns that there could be a conflict of interest if you’re on the Planning Commission and you’re a member of the Homebuilders [Association] and you’re COO of a construction organization," Murphy said to Smith during the committee meeting. The Homebuilders Association, a trade group that advocates for real estate and construction financial interests, has worked against Metro at the state and local level, explained Murphy.

"At the end of the day, who does your loyalty come down to?" Murphy asked.

"My loyalty would be to Nashville," Smith responded. He proceeded to minimize his connection to the Homebuilders Association and pledged to recuse himself when reviewing any case that involved a colleague.

As evidence of his community involvement, Smith told councilmembers that he's the treasurer of his homeowners’ association and a member of the alumni board for Montgomery Bell Academy, a private boys’ school on West End. He also listed that he was involved in a group trying to bring an MLB team to Nashville, which, said Murphy, prompted additional concerns about potential conflicts of interest.

"This board is one of the most important boards that impacts neighborhoods, quality of life, aesthetics, community character, all of that," Councilmember Vercher tells the Scene. "What ends up happening — the norm — is appointments of individuals who don't have real community ties. It's not by happenstance that certain ZIP codes have food deserts or less mobility, that home obtainment is less, education is less, life expectancy is less — that happens from planning decisions."

Vercher spoke against Smith's appointment during last month's committee meeting. She reiterates to the Scene she will vote against recommending Smith for confirmation on June 20.

District 12 Councilmember Erin Evans also plans to oppose Smith, citing a commission that already leans towards development interests.

"Neighborhood concerns are minimized — we’ve lost those perspectives," Evans tells the Scene. "We don't have enough balance on the planning commission when it comes to professional industry insiders with a heavy track record of development versus regular community members. Maybe they don't have deep expertise but have enough neighborhood experience that they could be part of the commission."

District 25 Councilmember Russ Pulley, who is currently running for one of the council's five at-large seats, attended the committee meeting to speak in favor of Smith, who is a constituent. He says he's had great experiences in working with Haury & Smith on projects in his Green Hills district, but after the committee meeting, he tells the Scene that he shares colleagues’ concerns about potential bias.

"It's important to have neighborhood people, and it's important to have developers on the commission, but at a point, you have to make sure not to be involved in things you have some kind of an interest in," Pulley tells the Scene. About the connection to the homebuilders’ association, Pulley recommends a clean break before Smith's confirmation. "I think the appropriate thing for him is to divest himself from that entirely."

Dave Rosenberg and John Rutherford, two other committee members, share their colleagues’ concerns about Smith but don't yet have a final position on his confirmation. Neither Smith nor the mayor's office, which submitted Smith for approval by council, returned the Scene's request for comment. A final vote is expected on June 20, when a majority of voting members will decide whether the committee will issue a recommendation to the full council.

Staff Reporter

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