County Commission - Regular Meeting

Monday, August 10, 2026

The Shelby County Commission honored two individuals, Rita Harris and Heidi Kuhn, for their community contributions. The commission also discussed and voted on several resolutions, including funding for the Shelby County Drug Court and an ordinance to amend the locally owned small business (LOSB) ordinance.

About this meeting

Government Body
County Commission
Meeting Type
County Commission
Location
Shelby County, TN
Meeting Date
August 10, 2026

Transcript

499 sections

6:16 – 7:12Speaker 5

Commissioners and body, our chair is running a little bit late today, but I think we've got seven, so I will bang the gavel. And I will call to order this Board of County Commissioners of Shelby County, Tennessee, for our Monday, August 10th, 2026 meeting. Deputy, if you could please call us to order. Thank you. If I could ask Reverend Alex Nichols, co-pastor at the Red Hot Church, to come and give us our invocation. Yes, sir.

7:20 – 8:08Speaker 24

Amen. Let us bow. Sound of my weak voice here in the Father, Lord, thank you, Lord, for everything that you've done for us. Father God, we ask you, Lord, keep continuing, Lord, to touch each and every last one here in the Father, Lord, that they may make a collective decision, Father, in you, Father. And Father God, we ask you, Lord, keep continuing, Lord, to carry us, keep us, give us traveling grace here in the Father, and give us, Lord, your grace and mercies of you, Father. And Father, we ask you all these things, you know, in the Son of Jesus' name we pray. Amen.

8:09Speaker 5

Amen. Thank you, Pastor Nichols. All right. Commissioner Wright, can you lead us in the Pledge of Allegiance?

8:17 – 8:30Speaker 24

to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. You may be seated.

8:34Speaker 5

All right. Madam Clerk, could we get a roll call?

8:39Speaker 21

Commissioner Whaley?

8:42Speaker 21

Clay Bibbs? Aye. Caswell?

8:46Speaker 21

Sugarman. Mills. Present. Shalai.

8:54Speaker 21

Thornton. Morrison.

8:59Speaker 21

Brooks. Lowry. And Commissioner Brantford.

9:09Speaker 21

We have eight present.

9:10 – 9:41Speaker 5

All right, thank you. All right, I'm gonna ask if we can get approval of the minutes from our previous session without objection. All right, seeing no objections, so approved. All right, it is possible to join the meeting two ways, via the designated email account, boc.email at shelbycountytn.gov, or via phone at 901-222-1234.

9:44 – 10:33Speaker 16

parliamentarian will you please read the rest of the rule members of the public who desire to address the county commission shall request permission by completing an appearance card which will be given to the chair by deputy members of the public shall be permitted to address the county commission unless ruled out of order by the chair or deny the opportunity to speak by majority vote of the commissioner's president voting Please note that as it pertains to public comment, our rules of order set a limit of no longer than three minutes when recognized by the chair. The chair may set a limit for discussion by the public of less than three minutes for each individual if circumstances require. Finally, to the members of the public, if you would like to express your pleasure or displeasure on a matter before the county commission, please do so by raising your thumb up or pointing it down, as opposed to applause or other expressions of approval or disapproval.

10:34 – 11:10Speaker 5

Disruptive members of the public are subject to removal from the Commission chambers by the deputy sheriff Thank you for your attention and in advance for your cooperation today Thank you, we do have some staff birthdays to celebrate for the month of August Rashad Cobb second ago Rashad's birthday is on August 11th tomorrow and Then Marie Thomas's birthday is on the 13th. So special happy birthday to those folks. I All right, we will move into the consent agenda. I believe this first item we have is a, if you'll read the, I guess, first item there.

11:13Speaker 16

Item two is a special resolution honoring environmental justice and social justice advocate Rita Harris, sponsored by Commissioner Erica Sugarman.

11:24Speaker 5

Commissioner Sugarman.

11:26 – 15:10Speaker 7

Thank you. I don't see Rita Harris in the audience. Oh, there she is. Okay, that's her. Thank you, Chair and colleagues. This is a special resolution honoring environmental justice and social justice advocate Rita Harris. Whereas in 1990, she worked for a nonprofit that focused on South African advocacy and networked with other groups that advocated for fair housing, fair banking, and environmental causes. Harris traveled to South Africa to explore its political landscape, spend time with local nonprofits, and conduct research. She told Sierra's Club Time Valentine in November 2017, As I became more involved with issues in South Africa, I naturally became interested in issues around racism, sexism, and classism, and how they affect political decision-making both here in the United States and around the globe. Whereas from 1999 to 2017, Harris joined the Sierra Club as an environmental justice organizer. In this role, she worked alongside other organizations and citizens, educated individuals about the dangers and health risks of pollution, environmental intoxication, and effective emergency planning for neighborhoods near chemical plants. In addition, Harris challenged enforcement decisions and environmental permits, helped produce short films, co-hosted and coordinated community environmental conferences, promote effective citizen participation, and trained hundreds of people through workshops. Regardless of race or class, Harris believes that citizens must be empowered to speak up and be present in the rooms where life-changing decisions are being made. Whereas in 1996 to 2011, Harris was appointed as a member of the National Environmental Justice advisory council, and also served roles with Shelby County League of Women Voters, NAACP, Tennessee Clean Water Network, Tennesseans for Fair Taxation, and others. In 2020, Harris was elected to the Sierra Club National Board of Directors and served two terms. She just completed her second term in May 2026. And whereas in 2011, Harris was the recipient of the Sierra Club's Virginia Ferguson Award, which is granted to those who have demonstrated commendable and consistent service to the Sierra Club. Bob Bingham, former National Organizing Director of the Sierra Club, stated, Rita, what a fierce advocate for diversity in the Sierra Club, as she always made her case in a forceful but compassionate and inclusive manner. Her work transformed the Sierra Club. Harris continues to advocate for social and environmental causes in Shelby County and beyond. Now, therefore, be resolved that the Shelby County Board of Commissioners hereby recognizes environmental justice and social justice activist Rita Harris.

15:21 – 15:44Speaker 10

Thank you, Commissioner Sugarman. And I also want to thank all of the county commissioners here today. I really appreciate this award. I appreciate being recognized after three decades of work on various issues. And I just I just I'm I'm feeling full today and very appreciative. Thank you so much.

15:48Speaker 7

Yes, please.

15:55Speaker 28

Yes, I know.

16:25Speaker 5

Commissioners, we also have an add-on resolution today, so this will be item 2A. Can we read item 2A? I believe Commissioner Caswell is going to present this one.

16:36 – 16:47Speaker 16

Item 2A is an add-on item. Item 2A is a special resolution honoring criminal court clerk Heidi Kuhn, sponsored by Commissioner Charlie Caswell.

16:54 – 17:41Speaker 25

Thank you, Chair, and thank you, Bonnie, for the opportunity to add this one on. Especially wanted to make sure she got through the primary. So I say today, congratulations to our criminal court clerk, Ms. Heidi Kuhn. And usually I don't read all of the resolution. But this one, as I look through this resolution and just thanking you, criminal court clerk, for your 25 years of service or more probably to Shiver County. But I know I just want to just share some of the great highlights of the great services that Colonel Clark Kuhn have given to us here in Shelby County. Lord, my glasses. Lord, let me go from here. All right. Madam Clerk, you don't have glasses.

17:44Speaker 30

Who got some? You got some?

17:46 – 18:33Speaker 25

I thought these would help me better. Whereas it is appropriate for the esteemed Board of Commissioners in honor of and recognition of distinguished individuals who make an effort in unwavering dedication Underwriting and defecation have made a significant and lasting impact on the lives of others in Chevy County. Whereas Hattie Coon began her journey with Chevy County government in 2000 as a health program manager and through the steadfast devotion into the public professionalism and visionary leadership has served as numerous influential roles Lord, help me today.

18:34Speaker 23

Somebody got reading glasses.

18:41 – 22:50Speaker 25

Yes, sir. That's it. Thank you, sir. She began as the Executive Director of the Crime Victim Center, Deputy Director of Community Service, Director of Training and Special Assistance, and Lead Strategist to the Shelby County Sheriff's Office before being elected to Shelby County Criminal Court Clerk in 2018. Whereas throughout her tenure as Criminal Court Clerk, Clerk Coon has demonstrated a resolute commitment to operating an office funded, founded upon efficiency, transparency, innovation, and especially, especially, especially, Customer service. Ensuring that the residents of Sherwood County receive the highest level of service while strengthening confidence in the judicial system. Heidi Kuhn's remarkable career amplifies integrity, compassion, innovation, and stewardship. Her adherence to justice, public accountability, and community service have made an enduring positive impact on Sherwood County and serve as an inspiration to public service throughout Sherwood County and Tennessee. Whereas her outstanding accomplishments have earned her statewide recognition as the County Official Association of Tennessee named Chevy County Criminal Court of the 2026 Tennessee Court Clerk of the Year. One of the highest honors bestowed upon a court clerk in Tennessee. This prestigious award recognizes exemplifying capacity, innovation, and agency allegiance, I'm sorry, to public service among 204 court clerks statewide representing juvenile, general recession, criminal court, probate court, and circuit, chancery courts. Whereas Commissioner Clerk Kuhn charged to virtue is further uh reflected through numerous honors and recognition including receiving the sudden justice summit award in 2021 being named as leadership memphis change maker in 2022 recognizing from chevy county crime commission a victim center serving as chairman of the domestic violence counselor and being selected as one of the memphis business journal top 40 40 recognized among memphis women's magazine 50 women's who make a difference but i wanted to read this because of this receiving the 3v leader lady award because this one out under her with me a couple of years ago and govern her office to earn prestige tyler tyler excellent award and whereas on may the first 2020 2010 heidi was joined in holy matrimony to my good friend back here Brother Matt Coon, who is at Minglewood Hall doing a Shelby County Commission meeting. Oh, Lord. And y'all was there the other night. It brought back some memories. Again, they... Since the commission meeting, our live stream and broadcast video on the proposal ended up on CNN News. For the past 16 blessed for years, they were blessed with lovingly raising Emily Sawyer, Chandler, and Kennedy. They are now enjoying their treasured grandchildren, Blakely, Claire, and Eli Marie. Tell them to forgive me for that. That's okay. But I just wanted to read this last part, y'all, because this jumped out on me. So whereas in 2012, Heidi and Matt was a contestant on the television show, The Newlywed Game. The question posed was, which one of you has more book smarts and who has more street smart? Matt answered that he's smart. Watch this here. Heidi had more of both. Heidi answered she had more street smarts. Their answer did not match, and they lost the game. But Matt was smart. He won certainly. Because he made sure he understood that his wife. So, again, thank you, Criminal Court Clune, for your great work in our county and all that you've done as we continue to move forward. I just pray God's blessing on you. Thank you. All right.

22:54 – 24:41Speaker 1

Thank you, Commissioner, and to the body. I've worked in county government for 27 years now, and I will say that my most humbling and honored position has been as criminal court clerk and to be able to serve the constituents as well as the defendants in criminal court. But a leader can only set the direction, and it's the team that actually moves it forward. And so I would like for my criminal court team, my admin team to please stand and be recognized because please stand and be recognized because they have helped me for the last eight years and I couldn't have done it without them because you can't do it alone. And I am so honored and proud to serve with these individuals because they are my heart, my soul, and they make me look good. So thank you all for what you do. And of course, I would be remiss if I did not mention my greatest accomplishment of being able to expunge over 10,000 Shelby Countians. That is such a great feat. And I'm so proud of the fact that we have now offered people opportunities to get a job, go to school, buy a home, and hopefully reduce crime by reducing the recidivism rate. I didn't expect this honor, but I greatly appreciate it. And it is bittersweet because I appreciate the recognition, but also knowing that I'll be leaving Shelby County government after 27 years kind of tugs at my heart a little bit. So we haven't always seen eye to eye, but I appreciate and respect your positions. And going forward, I wish you the best of luck in what you plan to do. And thank you for your service. And it's been an honor. serving with you.

25:23 – 25:36Speaker 5

All right, before we go to the consent agenda, commissioners, I do have one general comment card from the public. So Paula Moses, if you will come to the microphone, state your zip code, and then you'll have three minutes to speak.

25:47 – 28:55Speaker 14

Excuse me. My name is Pamela Moses. I think everybody knows that. I would like to say I'm here today because I believe Shelby County deserves an election administrator that can be trusted. And right now I don't believe that Linda Phillips can be trusted, nor has she earned that trust. Let me be clear. This is not personal. This is business, the people's business. This is about integrity and democracy. I am asking this board to formally make a recommendation that Linda Phillips be removed as administrator for the Shelby County Election Commission. I had to sue the governor because she illegally certified a candidate, Ms. Coon, and she has already won the race now. So this is going to cost Shelby County a lot of money. I have also personally experienced what happened when the election system fails a citizen. In 2021, I was provided information was provided about me. to the district attorney's office and I was prosecuted. I have spent years fighting to uncover exactly what happened and who provided the information. And lo and behold, in my trial this year where I have three judges, it was determined that Linda Phillips was the one who provided Amy Weirich that incorrect information. Those matters are continuing to litigate and prove through the courts. But I am bringing this before you today because you have a responsibility, Ms. Sugarman, as a elected official to hold people accountable, especially when it comes to someone's freedom, reputation and constitutional rights. And that then when we look at what happened in the election recently, 700 Shelby County absentee voters ballots were received, but they were missing judicial races. Four of the six special judicial races were omitted from these ballots. Let me be clear. Human error is an election. Travesty, not a minor matter. When the government makes mistakes on your tax bill, you can receive a correction. When the government makes a mistake on a permit, you cannot receive another permit. But when the government makes a mistake on your ballot, you lose the opportunity to exercise your constitutional right to vote for the candidate of your choice, regardless if it's Republican or Democrat. You lose. I am making a recommendation today that Linda Phillips be terminated for her human error. It has gone on long enough. We need an election administrator that can put out ballots that don't have Democrat and Republican, just the names and put the Democrat, Republican and independent like myself next to it. That's a free and fair election. And that's what we pay for. And that's what the people deserve.

28:56 – 29:25Speaker 5

i ask you to make this recommendation wholeheartedly as soon as possible thank you thank you miss moses all right commissioners uh you have in front of you the consent agenda uh if you would please take three minutes to review the consent agenda if there are any items if you'd like to be pulled uh please uh hit the request to speak button and we will get to you as as you press the button uh parliamentarian um please read well when we get done you'll read the consent agenda so if you could put three minutes on the clock thank you

33:05Speaker 9

Commissioner Brooks, you recognize?

33:06 – 33:18Speaker 11

Thank you. I would move to remove items 7, 9, and 14.

33:18Speaker 9

7, 9, and 14? That is correct. Okay. Thank you. Commissioner Whaley?

33:26Speaker 27

Yes. Thank you, Madam Chair. I'd like to pull item 4. 4.

33:33 – 34:19Speaker 9

Seeing no other commissioners Okay, so we'll get a motion for the consent agenda I I have a motion by Vice Chair Bradford, a second by Commissioner Clay Bibbs. Parliamentarian, please read the consent agenda minus item four. I'm sorry. Oh, they've already moved, okay. So if you could read the consent agenda minus item four, seven, nine, and 14.

34:21 – 38:24Speaker 16

Yes, ma'am. ITEMS THREE AND FIVE COME FROM THE BUDGET AND FINANCE COMMITTEE WHICH IS CHAIRED BY COMMISSIONER WHALLEY. ITEM THREE IS A RESOLUTION TO AMEND THE FISCAL YEAR 2027 OPERATING BUDGET TO EXPEND GRANT FUNDS IN THE AMOUNT OF $72,876 FROM THE STATE OF TENNESSEE OFFICE OF CRIMINAL JUSTICE PROGRAMS TO SERVE DOMESTIC VIOLENCE WARRANTS AND ORDERS OF PROTECTION. This item requires the appropriation and expenditure of fiscal year 2027 federal through state grant funds in the amount of $54,657 and expenditure of general fund matching funds in the amount of $18,219, sponsored by Commissioner McWright. Item 5 is a resolution approving the contract to audit the fiscal year 2026 financial statements of Shelby County Government by Cherry Bankert, LLP, and Banks Finley & White & Company. This item requires the expenditure of FY2027 general fund operating budget in an amount not to exceed $898,000, sponsored by Commissioner Michael Whaley. ITEM 6 COMES FROM THE PUBLIC WORKS COMMITTEE WITH COMMISSIONER MILLS AS VICE CHAIR. ITEM 6 IS A RESOLUTION APPROVING THE ISSUANCE OF A PURCHASE ORDER TO NASHVILLE AUTOMOTIVE LLC IN AN AMOUNT NOT TO EXCEED $925,672 FOR THE PROCUREMENT OF REPLACEMENT VEHICLES FOR VARIOUS COUNTY DEPARTMENTS. THIS ITEM REQUIRES THE APPROPRIATION AND EXPENDITURE OF FY2027 FLEET SERVICES VEHICLE REPLACEMENT FUNDS IN AN AMOUNT NOT TO EXCEED $925,672, sponsored by Commissioner David C. Bradford, Jr. Item 8 comes from the Law Enforcement Corrections and Courts Committee, which is chaired by Commissioner Wright. Item eight is a resolution to approve the purchase of four rapid DNA devices from Fisher Scientific Company, LLC, for countywide forensics initiative to expand law enforcement capacity for an amount not to exceed $700,000, available in account number 110-200304-7001, sponsored by Commissioner Mick Wright. Item 10 comes from the Community Services Committee, with chairwoman avan as acting chair item 10 is a resolution to amend the fy 2027 grant operating budget and to expand grant funds in the amount of fifteen thousand dollars from the tennessee arts commission and matching funds in the amount of fifteen thousand dollars from community services general funds to support arts programming in shelby county for a period of july 1 2026 to june 30 2027. This item requires expenditure and appropriation of FY2027 grant funds in the amount of $15,000 and expenditure of FY2027 community services general funds in the amount of $15,000 for a total amount of $30,000 sponsored by Commissioner Charlie A. Caswell, Jr. Items 11 and 12 come from the General Government Committee with Commissioner Sugarman as Vice Chair. Item 11 is a resolution approving the election of Norris Public for appointment and a reappointment for Shelby County, Tennessee sponsored by Commissioner Henry E. Brooks. Item 12 is a resolution of the Board of County Commissioners of Shelby County, Tennessee requesting election record preservation, transparency, and audit best practices consistent with state and federal law sponsored by Commissioner Erica Sugarman. Item 13 comes from the Core City Neighborhoods and Housing Committee with Commissioner Sugarman as acting chair. Item 13 is a resolution approving the sale of 23 county-owned delinquent tax parcels acquired by Shelby County from various Shelby County tax sales to identify purchasers at various prices collectively totaling $143,887.50 Pursuant to Tennessee Code Annotated Section 67-5-2507 and authorizing the Shelby County Mayor to execute proclaimed deeds. Sponsored by Commissioner Henry E. Brooks.

38:24 – 39:05Speaker 9

All right, seeing no commissioners in the queue, can we prepare the screen for a vote? I thought we did that. Okay. So the motion was, I have a motion by commissioner Whaley, a second by vice chair Bradford. Can we prepare the screen for a vote? I'm clerk, please report the vote.

39:18 – 39:34Speaker 21

We have aye votes from Commissioners Wiley, Clay Bibbs, Caswell, Sugarman, Mills, Shalai, Wright, Thornton, Morrison, Brooks, Lowry, Bradford, and Chairwoman Avang. We have 13 aye votes. That motion passes. Parliamentarian, please read Item 4.

39:37 – 39:59Speaker 16

Item four comes from the Budget and Finance Committee, which is chaired by Commissioner Whaley. Item four is a resolution to amend the fiscal year 2027 operating budget to appropriate funding to the Shelby County Drug Court in the amount of $500,000 from the Opioid Settlement Special Revenue Fund, subject to availability of funds. Sponsored by Commissioner Matthew T. Shalai.

40:02Speaker 9

I have a motion by Vice Chair Bradford, a second by Commissioner Whaley. Commissioner Whaley, may I have a committee report?

40:09Speaker 27

Yes, this item comes down with a favorable recommendation.

40:11Speaker 9

Thank you. You're recognized, Commissioner Wade. All right.

40:13 – 40:33Speaker 27

Thank you. I just want to move to amend this item to include the budget exhibit. If you were calling committee, we had asked them to produce a budget to attach to this resolution. So that you should have also gotten it via email, but I've got it printed out here. So this is just simply to move to attach the budget to the resolution.

40:35 – 40:46Speaker 9

I have a motion to amend and attach the budget by Commissioner Whaley, a second by Commissioner Sugarman. Can we do that without objection? Seeing none, so moved. Commissioner Caswell, you're recognized.

40:46 – 41:03Speaker 25

Thank you, Madam Chair, and this is the item that I support. I was just wondering if Chief Tipton, Director Tipton, can help us. I wanted just to know what was the remaining balance of opioid fund that was on this account?

41:15Speaker 19

Good afternoon, Audrey Tipton, Director of Administration and Finance. I'm sorry, it was kind of hard to hear back there. Could you repeat your question?

41:22Speaker 25

Yes, ma'am, Chief. I was just wondering how much was left on the opioid account after this amount was taken out of?

41:29 – 42:13Speaker 19

Oh, I should have brought my phone. It's about $1.6 million. Hold on. Okay. It's going to be about $1.6 million. Okay.

42:13 – 42:29Speaker 25

And Chief, could you tell me, I know we approved and commit the budget for the drug court. Did that money come, it was $400 and some thousand. Did that come out of, I'm sorry, not the drug court, the mental health court. Did that come out of opioid or another account that you know of?

42:30Speaker 19

Archie Tipton, Director of Administration and Finance. No, that came out of the general fund. It did not come out of the opioid fund.

42:36Speaker 25

Didn't come out. Okay. Thank you, ma'am. Thank you. Thank you, Madam Chair.

42:48Speaker 9

Commissioner Thornton?

42:50Speaker 22

Thank you chair. Um, chief, can you send to the commission of summative report of all the expenditures from the opioid fund since we received our first disbursement?

43:03Speaker 19

Repeat that.

43:04Speaker 22

Can you send a summative report of all of the expenditures from the opioid fund since we received the initial disbursement?

43:13 – 43:28Speaker 19

Yes, Audrey Tipton, Director of Administration and Finance. I did send over a summary of how much we had in the opioid fund. I sent an email to all of the commissioners and it listed from inception how much we had spent and for each category.

43:29Speaker 22

So can it also include the receiving entity for each of the items? And then particularly, I'm just curious, like district impact, so sponsoring commissioner,

43:40 – 43:54Speaker 19

The reports that we have do not show the district impact. I know that the district connectors produced a document that showed how much was applied per district.

43:55Speaker 22

Okay, so in what you sent, does it tell us exactly line item by line item where it's expended?

44:04 – 44:29Speaker 19

Yes, that report does show you that. It shows that... It shows each area that received the money, the district connectors, the adult mental health court, the juvenile court system. It's all included there. Now, you mean like checks? They spent the money over there.

44:30Speaker 22

Okay. And then for the opioid fund, do they require any reporting when we expand dollars?

44:35 – 44:49Speaker 19

Yes, we do report to, uh, the state abatement. Uh, the funds that we get from the, from the state, we report to them on a quarterly basis and we've submitted our final quarterly report for FY 26. Okay.

44:51 – 45:20Speaker 22

Can you also share those reports that you send or where can we access the quarterly reports? i can send it to you we submit it's like a portal so we submit them through the state uh but i can print it out and send it over okay awesome and then to the um drug court um do y'all track data that shows like what zip codes or neighborhoods or districts like are you tracking data that can tell us more about how the 500 000 will be expended

45:21Speaker 29

We can't at this point tell you how it would be spent because it's for the general fund of the drug court. I'm sorry, Judge.

45:31Speaker 9

Do you mind putting, just saying your name on the record?

45:34 – 46:12Speaker 29

Oh, sorry. Lee Wilson, Judge of General Sessions Division 8, Sheppard County Drug Court, 201 Poplar. But the funding that we are seeking this evening is for, and I don't know if you have that budget in front of you or not, that we submitted a budget as requested by Commissioner Whaley, which would be for 27 individuals for inpatient treatment and another 27 for long-term treatment. At this juncture, we would not be able to tell you where those people would be located.

46:13Speaker 22

and then the service providers. I'll get back in queue, sorry. Commissioner Whalen.

46:19 – 46:47Speaker 27

Thank you, Madam Chair. Director Tipton, this is just for you as a follow-up on the Opioid Fund budget, and this is probably, I think, potentially applicable to just any special revenue fund, but do we have a cash flow forecast for the receivables that are not already baked in as sort of the beginning balance of when we would expect FY27 receivables to come in. We forecast that out over the course of this year.

46:47 – 47:49Speaker 19

Right. Thank you. Audrey Tiffner, Director of Administration and Finance. Yes, we receive an estimate of what they project they're going to give us over the next, I think it was like 20 years, actually. But it's not I know last year they had estimated in their report that we would get over $2 million, almost $3 million, and we did not receive that amount. So when we get the money, that's when we know exactly what it is. So I think I explained it in the email, too, that what we're projecting out on the forecast for next year, 2027, or this year now, is an estimate. but we still have some funds available in the balance so that's why we did approve uh commissioner shelli uh presenting this resolution for 500 000. so if we're we still have some cash left over from before because the district connectors ended so that left us with some funds

47:50 – 48:13Speaker 27

So it's about 1.4, assuming this is approved. Yeah, you're right, it's 1.4. Okay. So I guess the estimate then that you're working off of gave maybe a million, two million. I mean, what was the additional expectation, knowing that that's not how it came in last year, just what is some range of what that's likely to be this year?

48:15 – 49:09Speaker 19

This year, on the report that we received from the state, they estimated $1,689,209. For 27? For 27. So we are projecting that we're going to get around that amount. And I included that amount in the total. So the cash available to us right now that's unencumbered or unpaid not applied anywhere is the $1,425,391. I took into consideration everything that we put in for the 27 budget and the things that rolled forward. So once we deduct all of those things, we still have $1.4 million that has not been applied. And with the new resolution that's being presented today, it would go against that amount and decrease that number by $500,000.

49:10Speaker 27

On the document, it says FY24. It should be 27. Is that right? Which one? On the projections, the revenue.

49:21Speaker 19

That's when we got that from them, was in FY24, yeah.

49:26Speaker 27

Based on what we got in 24 for this year? Yes. Okay, all right. Yes. Thank you. Thanks, Madam Chair.

49:33Speaker 9

Judge Wilson, was there anything else that you wanted to add before I go to any other commissioners in queue?

49:39Speaker 20

I'm sorry. I wanted to make sure Judge Wilson, I wanted to make sure he had finished his comments.

49:47 – 50:49Speaker 29

No, I just wanted to, Lee Wilson, Judge General Sessions, Division 8. I just wanted to add that these forms will be used for the high risk, high need. individuals who come into the program. And Commissioner Thornton, I would imagine that you do have some high-need people and high-risk people in your district as well. So they would be included in the treatment. We have, at this juncture, tried to Like we are specifically trying to seek out those high-need, high-risk people at this point. We find that they are all, for the most part, the opioid addicted, those who are addicted to fentanyl, usually are the high-need, high-risk people. And so they need additional services. They need inpatient services and also the long-term structured living.

50:51Speaker 9

Thank you, Judge Wilson.

50:53 – 51:15Speaker 22

Commissioner Thornton. Thank you, Chair. Thank you for that context, Judge. So for this population of high-risk, high-need individuals, how many people has the court identified fall into that category? So we're expending $500,000 to serve 27 individuals. Do you have a sense of the total population of high-risk, high-need individuals?

51:16 – 51:38Speaker 29

Right now, 40% of those who are admitted into the program are opioid addicted, and most of those are fentanyl users. So out of the 101 which currently in the program today, that would be about 45 of those individuals that have been identified as the opioid users.

51:40Speaker 22

And so for the remaining individuals from the 27 to the 45, do we offer them any services or is how do you?

51:48 – 52:00Speaker 29

Oh, they would be included. Everybody in the program is high risk high need, but the 45 are specific to opioids. We have cocaine, heroin users, those other categories.

52:00Speaker 22

I guess I'm just trying to figure out how will the 27 be selected out of the 45?

52:05 – 52:31Speaker 29

Those would be the ones who would need, after an evaluation, would be the ones who need the treatment the most. What happens is when we have a risk assessment that is done before the person enters into the drug court program, that risk assessment would determine who would be fit in that category as to a recommendation for inpatient treatment.

52:31Speaker 22

And then for the inpatient and long-term treatment, who are the service providers that we're cutting this check to?

52:38Speaker 29

Right now, we are using CAPS and also Serenity. Those are the main two that we use right now.

52:47 – 52:59Speaker 22

Okay. And then my last question was just about sustainability. So after this $500,000, this is coming from a special fund. What is the plan to continue to offer this particular service?

53:00 – 53:13Speaker 29

Of course, we continue to try to seek out grants, but most of the programming right now is funded through grants from the state. the additional funding. And so we will be seeking additional funding in the future from the state of Tennessee.

53:14Speaker 22

Is this a first-time grant from the commission related to this?

53:20Speaker 22

To fund this particular drug court initiative?

53:23Speaker 29

Right, it would be.

53:24Speaker 22

Okay. Chair, I would like to be added as a sponsor.

53:27 – 53:56Speaker 9

I have a motion by Commissioner Thornton and a second by Commissioner Sugarman to be added as a sponsor. Can we do that without objection? Seeing none, so moved. seeing no other commissioners in the queue please prepare the screen for a vote Adam clerk please report the vote

54:20 – 54:32Speaker 21

We have aye votes from Commissioners Whaley, Clay Bibbs, Caswell, Sugarman, Mills, Shalai, Wright, Thornton, Morrison, Lowering, Bradford, and Chairwoman Avent. We have 12 aye votes.

54:33Speaker 9

That motion passes. Parliamentarian, please read item seven.

54:40 – 55:19Speaker 16

ITEM SEVEN COMES FROM THE PUBLIC WORKS COMMITTEE WITH COMMISSIONER MILLS AS VICE CHAIR. ITEM SEVEN IS A RESOLUTION APPROVING A PIGGYBACK CONTRACT WITH CLEAN HARBORS ENVIRONMENTAL SERVICES INC. UTILIZING THE STATE OF TENNESSEE CONTRACT NUMBER 88039 FOR THE COLLECTION AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE IN AN AMOUNT NOT TO EXCEED $175,000 ANNUALLY BEGINNING UPON EXECUTION AND CONTINUING THROUGH NOVEMBER 17, 2030. This item requires the expenditure of FY2027 household hazardous waste funds in an amount not to exceed $175,000, sponsored by Commissioner David C. Bradford, Jr.

55:20Speaker 9

I have a motion by Vice Chair Bradford, a second by Commissioner Sugarman. Commissioner Mills, could I have a committee report?

55:25Speaker 6

That item comes to us with a favorable recommendation.

55:28Speaker 9

Thank you. Commissioner Brooks, you're recognized.

55:29Speaker 11

Thank you. If we could ask. Is it Darren Sanders?

55:37 – 56:01Speaker 11

Just a couple questions. I apologize for not being here, but I just need to know something in reference to your transportation process. When you're engaged in this transportation of this hazardous waste, is there community engagement in place, a community engagement plan in place?

56:06 – 56:29Speaker 31

Darren Sanders County engineer. So this is our household hazardous waste facility that we have located at Shelby farm. So there's not specifically like a public meetings on it. Now we've done some public outreach, uh, with some billboards and stuff to try to generate, you know, knowledge about the facility. But, uh, but as far as a like public meetings, we haven't had public meetings.

56:29Speaker 11

So where does, where do you pick up this hazardous waste?

56:33 – 56:48Speaker 31

Sure, sure. Thank you. So the facility is located at Shelby Farms, and we accept household hazardous waste, like if you have cooking oils, fluids from automobiles, propane tanks. But it's at Shelby Farms, but you do have to bring it. Yes, ma'am.

56:48Speaker 11

Okay, so they bring it to Shelby Farms.

56:49Speaker 31

Yes, ma'am, but we accept it at no charge.

56:51Speaker 11

Okay, all right. So who knows about this?

56:58 – 57:23Speaker 30

we um i say all that mr houston talking about how many people come in and i think go ahead jose houston uh solid waste coordinator we bring in about uh we average about 400 customers per month uh they come in to the facility at 6305 haley road i'm sorry excuse me i'm asking so if

57:24Speaker 11

Is this open to, may I bring some of my solid waste over there? Or it has to be?

57:29Speaker 31

Sure, Darren Sanders, county engineer. Yes, ma'am. Yes, it's open to any Shelby County resident, but you do have to live in Shelby County. That's the only criteria.

57:38 – 58:03Speaker 11

Okay. Okay. So one other thing. Well, we talked about the transportation. That's what I'm really concerned about. So this contract is $175,000 annually. Correct. Yes, ma'am. And that's what we're approving today. So you will not be back to us on this until November of 2030.

58:05Speaker 31

Yes, ma'am. We just followed the state contract. So the state bids it for the counties. There's five of these facilities statewide. Yes, ma'am.

58:13 – 58:28Speaker 11

Okay, so let me ask you this. So is there a report or how do we know that no one's being harmed in this process or it's in compliance with all state, federal, and local standards? How do we know that?

58:28 – 58:39Speaker 31

Oh, sure. Yes, ma'am. So, of course, the state monitors Clean Harbors and they also inspect our facility. I think it's annually. Is that correct? Monthly. Oh, monthly. So we have a monthly inspection.

58:40Speaker 11

I'll get back in queue. Thank you.

58:42Speaker 22

Commissioner Thornton. Thank you, Chair. This is a non-local vendor. Where is the vendor headquartered?

58:51 – 59:02Speaker 31

Yes, ma'am. So, Darren Sanders County Engineers. So, Clean Harbors is headquartered out of Massachusetts. They do have an office here on Holmes Road. They do have a local presence, but they are headquartered out of New England State.

59:02Speaker 22

And are there any local vendors that provide the same service?

59:05Speaker 31

I'm not aware of any. I'm not. It doesn't mean there's not, but I'm not aware of any, no, ma'am.

59:10 – 59:24Speaker 22

And in your budget, just in line with Commissioner Brooks' line of questioning, do you have any marketing? Because I've never heard of this service either. So how do you let the public know that this exists? Is marketing a part of the contract at all or the budget?

59:26 – 59:46Speaker 30

Jose Houston, Solid Waste Coordinator. We have put up numerous billboards throughout the city promoting our time and dates of the facility. We also have it online where as residents can go online and see everything that, you know, that we offer and what we take in.

59:47Speaker 22

Would it be too much of an inconvenience for you to tell us where those billboards are located?

59:51 – 1:00:03Speaker 30

Well, they're not located now. They've been taken down because we ran out of money so they can stay up only so many months. So once we run out of the funding, we had, you know, we hadn't added more funding to advertise it.

1:00:03 – 1:00:27Speaker 22

Can you tell us where you advertised? One was by... Not just by name, if you could send it to us in writing, just to tell us where your billboards were located. I would just be curious to know what those efforts look like. And then, has this particular company, Harpers Environmental Services, maintained this contract year over year, or is this a new contract with this business?

1:00:27Speaker 31

So I've been involved with it. This will be my second cycle in in Darren Sanders County engineer And but yeah, clean harbors did have the prior contract. Yes.

1:00:37Speaker 22

Okay. All right.

1:00:38 – 1:01:18Speaker 11

Thank you Commissioner Brooks Okay, just one maybe two last questions Just came to mind since this is a free service and it's household waste Right, so would you accept, would small business waste sort of fit into that, like a little corner store that has some hazardous waste and they are polluting and blighting the community? Is that your location, would that be a place they could bring their stuff, their waste?

1:01:19 – 1:01:30Speaker 31

Yes, ma'am. Yes, ma'am. Darren Sanders County Engineer. So it's a small facility. It's intended just for residential. So we don't take any commercial, industrial. We only take residential waste.

1:01:31Speaker 11

Okay. Can you give me an example of residential waste?

1:01:36 – 1:01:55Speaker 31

So a propane tank would be one that we collect. Propane tanks, we get a lot of propane tanks. Cooking oils, people bring in their oils. We actually take computers. So if you wanted to destroy, make sure the computer is destroyed properly, we would take that in as well.

1:01:56Speaker 11

So households.

1:01:57Speaker 31

Things in a household.

1:01:59Speaker 11

Household cooking oil. Now I don't know about you all, but I don't have that much cooking oil that I need to take to a site.

1:02:07 – 1:02:31Speaker 31

We get some. I mean, I don't know. I have to ask you, Mr. Houston, what we get. I know we get a lot of motor oil as well that we take in. Motor oil? Motor oil for vehicle fluids. Yes, ma'am. And then herbicides, we'll get those, you know, people like Roundups and things like that that people have left over, we'll bring it to us. And then we take oil-based paint, not latex, but oil-based paint.

1:02:32Speaker 11

Uh-huh, okay, okay.

1:02:34Speaker 31

And we can provide a list of, if we got a list of, we'll get you a list of what we accept.

1:02:40Speaker 11

Okay, okay, thank you so much.

1:02:44 – 1:03:15Speaker 9

Thank you. I'm sorry, Madam Clerk, please prepare the screen for a vote. Please report the vote.

1:03:19 – 1:03:34Speaker 21

We have aye votes from Commissioners Whaley, Clay Bibbs, Caswell, Sugarman, Mills, Shalai, Wright, Thornton, Morrison, Lowry, Bradford, and Chairwoman Avant. Commissioner Brooks has abstained. We have 12 ayes and one abstain. That motion passes.

1:03:35Speaker 9

Parliamentarian, please read item nine.

1:03:38 – 1:04:18Speaker 16

Item nine comes from the Community Services Committee with Chairwoman Avant as acting chair. Item 9 is a resolution approving the expenditure of FY2027 grant operating budget funds to the City of Memphis as a subgrant through funding made available by the Federal Justice Assistance Grant received from the United States Department of Justice for the purposes of crime prevention programs in the amount of $506,235 for the period of October 1, 2023 through September 30, 2027. This item requires the appropriation and expenditure of federal grant funds in the amount of $506,235, sponsored by Commissioner Charlie A. Caswell, Jr.

1:04:22 – 1:04:36Speaker 9

I have a motion by Vice Chair Bradford, a second by Commissioner Thornton. This came down with a favorable recommendation. Miss Whitehead-Thompson, would you like to share information before we go into the queue?

1:04:36Speaker 12

Sherry Whitehead-Thompson, Interim Director for the Division of Community Services. I just wanted to entertain whatever question Commissioner Brooks has.

1:04:45Speaker 11

Commissioner Brooks? Thank you. Ms. Thompson, good to see you. Thank you. Just a couple of questions on this grant. Are there sub-recipients?

1:04:57Speaker 12

Cherry Whitehead Thompson, yes, on the county side.

1:04:59Speaker 11

Okay, so can you be more specific or detailed in terms of the activity that will be funded by this money?

1:05:10Speaker 12

Cherry Whitehead Thompson for the $506,000 to the city? Yes, ma'am. Okay, so basically what I understand is that the city of Memphis, these dollars go directly to Memphis Police Department.

1:05:21Speaker 11

All of it's going to Memphis Police Department.

1:05:23Speaker 12

This is typically who they grant those dollars to. Yes, ma'am.

1:05:28Speaker 11

So why is it over here? I'm sorry, I'm just...

1:05:31 – 1:05:48Speaker 12

Okay, Terry Whitehead Thompson. So this is a justice assistance grant that Shelby County government receives each year. And we are the grantee, Shelby County government is, but the dollars have to be split evenly between the city of Memphis and Shelby County government. And so this before you is for the city of Memphis' portion.

1:05:48Speaker 11

Okay. So we've already had a resolution regarding our portion.

1:05:54 – 1:06:20Speaker 12

Yes, we've already taken care of our portion. Ours is already on our side. We've already granted those dollars out to our subrecipients, and it's moving forward. And in the past, so here's the thing. In the past, these dollars, we didn't have to have a resolution. What we did was we used the MOU between the city of Memphis and Shelby County government as the purchase order, but we've been instructed now we can't do that any longer, so it has to actually be a purchase order versus the MOU, which is why this resolution is before you.

1:06:20 – 1:06:36Speaker 11

Okay. Do we still capture the information on our side in terms of who, who's, you know, what, what law enforcement entity will be spending the money and for what purposes and then the outcomes of those expenditures?

1:06:37 – 1:07:00Speaker 12

Cherry Whitehead Thompson. So yes, so there is a funding. So when the funding goes out, there is a reporting process. So each entity is responsible for reporting to the federal government basically in relation to how the funds were spent. And so on our side, because we are the grantee, we get that information, we check, do the checks and balances, make sure that everybody is doing what they said they would do. And we go from there.

1:07:00 – 1:07:15Speaker 11

Okay. One last thing. So can you send us maybe law enforcement committee or whatever committee this came up here before a report, a copy of whatever report you send to the feds?

1:07:16 – 1:07:32Speaker 12

Chairy Whitehead-Thompson, so you want a narrative or are you looking at the budget piece? A data report. Data report. Let me see what I can do. Okay, thank you. Okay, you're welcome. Excuse me, Chairy Whitehead-Thompson, I'm sorry. To which committee? Do you want me to send it to all commissioners or is it to a specific committee?

1:07:33 – 1:08:08Speaker 11

your thank you uh... committee since our community services here and that way community services here to make the announcement committee meeting that we do have this report back from this particular grant. Because for some reason, we're just kind of letting things go out the window. You know, once we pass the resolution, I don't mean out the window, but we're not tracking these outcomes, tracking the information we need to track to see if we need to participate. Yes, ma'am. Yes, ma'am. Okay.

1:08:09Speaker 12

You're welcome.

1:08:11 – 1:08:23Speaker 22

Commissioner Thornton. Thank you chair. Um, Ms. Whitehead, if you wouldn't mind sending it to the entire commission, um, and specifically, I would be curious, the reports, this is an annual allocation.

1:08:24Speaker 12

Cherry Whitehead Thompson. Yes.

1:08:26Speaker 22

Okay. How long have we been receiving it?

1:08:28Speaker 12

around 2017 possibly. Okay.

1:08:31Speaker 22

It's been a while pre the Memphis safe task force operation.

1:08:37 – 1:09:11Speaker 22

Okay. I would just be curious, um, how our reports differ pre the task force and post. So, um, if you could give us some comparative data so that we can see the reports that have been submitted. Um, and this is a request both for the city reports and the County reports. to the entire commission. And then just as a follow-up, so you said that this is going to the city, they will submit the entire allocation to MPD?

1:09:12Speaker 12

Cherry Whitehead-Thompson, yes. This $506,235 goes directly to the city of Memphis.

1:09:18Speaker 22

And you don't know offhand exactly what they have proposed as their use?

1:09:22 – 1:09:39Speaker 12

So the city, excuse me, MPD, I know now cause I did a revision, but it's for like police radio batteries, night vision, gargles and tactical operation and the cops unit community partners supplies. So that's what the revised budget is for.

1:09:39Speaker 22

Can you say that last point again?

1:09:41Speaker 12

Cops unit community partnering supplies.

1:09:44 – 1:10:11Speaker 22

So when I hear community, I'm just curious about how much that line item is within the 500,000. And does that, what does that entail? Is that hitting the ground? through community partners or how are those dollars expended so basically my real question is with the reporting will it show if any community partners were receivers of any sub grants within what we're already allocating to the city and county

1:10:11Speaker 12

Cherry Whitehead Thompson. I will check into that and provide that in the update.

1:10:17Speaker 22

Okay. Nice. If there are sub parts of community partners, I would like to know who those entities are and how much they received.

1:10:28Speaker 12

You're welcome.

1:10:31 – 1:10:46Speaker 9

I don't clerk, please prepare the screen for a vote. Please report the vote.

1:10:57 – 1:11:10Speaker 21

We have aye votes from Commissioners Wiley, Clay Bibbs, Caswell, Sugarman, Mills, Shalai, Wright, Thornton, Brooks, Lowery, Bradford, and Chairwoman Avent. We have 12 aye votes. That motion passes.

1:11:11Speaker 9

Parliamentarian, please read item 14.

1:11:15 – 1:12:08Speaker 16

Item 14 comes from the Facilities, Real Property, and Capital Improvements Committee, which is chaired by Commissioner Wright. Item 14 is a resolution approving a contract in the issuance of an emergency purchase order between Shelby County Government and AccessDNSI Inc. in an amount not to exceed $366,623.26 for the emergency completion of low voltage and information technology construction services required to support election readiness at the Shelby County Election Commission Operations Center located at 980 Nixon, Memphis, Tennessee. This item requires the expenditure of FY2026 CIP funds appropriated in resolution adopted February 2nd, 2024, item 22, in an amount not to exceed $366,623.26, sponsored by Commissioner McWright.

1:12:10Speaker 9

I have a motion by Commissioner Thornton, a second by Commissioner Shalai. Commissioner Wright, can I get a committee report? Sure.

1:12:16Speaker 26

Yes, Madam Chair, this comes down to the favorable recommendation.

1:12:18 – 1:14:08Speaker 7

Thank you, Commissioner Sugarman. Thank you, Madam Chair. So I have several questions. How did a known component of a multi-year project become an emergency? My primary concern is that the characterization of this expenditure as an emergency. Low voltage and IT infrastructure did not suddenly become necessary in February 2026. The county previously identified low voltage and IT upgrades as necessary to complete the 980 Nixon renovation. The county's own earlier resolution explicitly said these upgrades were required. That raises a legitimate question. Was this an unforeseeable emergency or was it a project management and scheduling problem? The Commission had already provided funding and authority for this work, and I have the resolution here before me. The early accounting document identified 821,267 for FFE low voltage and IT upgrades with support services serving as the in-house project manager. I assume you're in-house? What happened to the previously approved $821,267 for FFE low voltage and IT upgrades? And how does this $366,000 and some change relate to this amount? I want to establish whether this expenditure is within the original scope additional to it. or replacing something that another contractor was supposed to perform. And next question, I have a series, and I'll come back in the queue.

1:14:10Speaker 9

Commissioners, if you could, I think if you're wanting to get some answers, you might just want to do digestible bites, like what questions?

1:14:16Speaker 7

Okay, first two then.

1:14:17Speaker 9

Okay. just so that he can, there was a lot in that.

1:14:21 – 1:14:50Speaker 7

Okay, so the first question was, was this an unforeseeable emergency, or was it a project management and scheduling problem? And number two, why wasn't this competitively, no, that's not it. And number one, how did a known component of a multi-year project become an emergency? So there's two questions. How did a known component of a multi-year project become an emergency? And number two, the commission had already provided funding and authority for this work.

1:14:51 – 1:15:52Speaker 3

Yes, ma'am. Anthony Wright, Shelby County Engineering. You're correct. This $366,000 is a part of that $800,000. So even though we had... the appropriation of funds, we still have to come back before the commission with any large purchase. So the election commission renovation project was carefully designed around the election schedule for both elections and election training and other events that they had. There were blackout periods where there was no work happening and then periods of semi-accelerated work. So we monitored the progress of our own expenditures for our in-house measured against the contractors to make sure we were keeping up and we were fearful that we were falling behind. So it was a case of time pressure to be ready for, uh, to be election ready by April the 15th. So it's not additional funds. It's a part of that original 800,000 commissioner Brooks.

1:15:55Speaker 11

I'll allow my colleague to finish her line of questioning. So I'm coming off the queue.

1:16:04Speaker 7

Commissioner Sugarman. OK. OK, so the next question, what work has already been performed and paid for?

1:16:17 – 1:17:06Speaker 3

There was no duplication of services, if that's a short answer. Anthony Wright, Shelby County Engineering. There was no duplication of services. There was an appropriation of funds to have companion work done, which included FF&E, low-voltage, NIT work. And in the interest of being election-ready, we identified the scope of work and what contractor had the largest remaining scope of work, and it turned out to be our low-voltage contractor, We made sure that his work was complete by election time. And he also was tasked with doing a few other tasks such as replacing some hardware on some doors because the election commission after living in it for a bit, it changed their mind about how they wanted to secure certain spaces.

1:17:07Speaker 7

So now what is the current timeline?

1:17:11 – 1:17:28Speaker 3

We were ready for election by April of 15th. We've had two elections since then. And the only thing remaining is some long lead time items involve some switches that we use temporary switches for the elections. We're getting permanent switches in, in about two weeks. And that'll wrap up the work.

1:17:29 – 1:17:47Speaker 11

Thank you. Thank you, Mr. Brooks. Just one question. Uh, did any of this work that you're proposing to, well, this part of this, 800,000 have anything to do with some of the issues that we experienced?

1:17:47Speaker 3

Not to my knowledge. Anthony Wright, Shelby County Engineering, not to my knowledge.

1:17:52Speaker 11

Well, have you looked for that?

1:17:54Speaker 3

Yes. We have made sure that we are not the problem.

1:17:57Speaker 11

Okay. Okay. Thank you.

1:18:01Speaker 22

Commissioner Thornton. Thank you chair. Um, so being an emergency purchase order, is there any type of fee increase due to the emergency aspect of this?

1:18:13Speaker 3

Not that we know of.

1:18:14Speaker 3

Anthony Wright ship County engineering. Not that we know of.

1:18:17Speaker 22

Okay. So this would, when would we routinely have made this purchase?

1:18:23 – 1:18:39Speaker 3

during one of the blackout periods or as we identified the needs and working in companionship with the contractor that was on site. So hopefully earlier, but some of those needs weren't identifiable until the project was underway.

1:18:39Speaker 22

And so anytime that we make this particular purchase, there is not an upcharge for the emergency component of the purchase?

1:18:47Speaker 3

Not unless we ask for special conditions such as premium time, working overtime. So that was not necessary in this case.

1:18:55Speaker 9

Okay. Thank you.

1:18:57 – 1:19:13Speaker 9

Madam Clerk. Thank you, Mr. Wright. Madam Clerk, please prepare the screen for a vote. Please report the vote.

1:19:26 – 1:19:37Speaker 21

We have aye votes from Commissioners Whaley, Kalei Bibbs, Caswell, Sugarman, Mills, Wright, Thornton, Morrison, Brooks, Bradford, and Chairwoman Avent. We have 11 aye votes.

1:19:38Speaker 9

That motion passes. Parliamentarian, please read item 15.

1:19:45 – 1:20:18Speaker 16

item fifteen comes from the public works committee with commissioner mills as vice chair item fifteen is an ordinance first reading ordinance approving intergovernmental agreements between shelby county government and the town of arlington the city of bartlett the town of collierville the city of germantown city of lakeland the city of memphis city and the city of millington to establish cooperation and coordination for the provision of annual funding for the operation of a permanent household hazardous waste facility located in Shelby County, sponsored by Commissioner David C. Bradford, Jr.

1:20:19Speaker 9

I have a motion by Vice Chair Bradford, a second by Commissioner Thornton. Commissioner Mills, could I have a committee report?

1:20:25Speaker 6

Yes, this comes to us with a favorable recommendation.

1:20:28Speaker 9

Vice Chair Bradford?

1:20:31 – 1:21:07Speaker 5

Yes, I sponsored this item, and then now that I see it's falling on the agenda, we've got our first reading today. We'd have our second reading at our next meeting, and then the third reading would come with the next commission, and I think it's kind of been a... I don't think it's part of our permanent rules, but a standard agreement that we would not carry items through. And so if there's no major objection from the two gentlemen at the podium, I'm going to withdraw this item and then let the next commission who starts on September 1st take this up. I assume if they would have two meetings in September that this would finally get approval and sometime mid to late October. Is there any concern with that before I make a...

1:21:07 – 1:21:21Speaker 31

Darren Saunders County. No, sir. This actually is the funding that we were talking about earlier, so we can provide the service for free, so we charge the residents. The city's a rate that they pay to cover the cost, so that's what this is, but it can be deferred. That's okay. Okay.

1:21:22Speaker 5

So I'll make a motion to withdraw this item and then let the next commission pick it up at their will.

1:21:26 – 1:22:07Speaker 9

I have a motion by Vice Chair Bradford, and since he is the maker of the ordinance, he does not need a second, but thank you, Commissioner Thornton. Yes, we did check. Thank you, Commissioner Wright. There are several ordinances. We did check the permanent rules, and anything has to be done before this commission ends, so it would have to have at least a third reading before. So thank you, Vice Chair Bradford. Item 15 has been withdrawn by the sponsor, Vice Chair Bradford. So moved. Palantir and please read item 16

1:22:08 – 1:22:37Speaker 16

Item 16 comes from the Health Hospitals and Health Committee, which is chaired by Chairwoman Avant. Item 16 is an ordinance first reading. Ordinance by the Board of County Commissioners of Shelby County, Tennessee to amend Chapter 16, Article 2, Section 16-37, Appendix B of the Shelby County Code of Ordinances to adjust Title V permit fees and related air pollution control program fees beginning in 2026. Sponsored by Commissioner Miska Clay-Bibbs.

1:22:38Speaker 9

I have a motion by Commissioner Sugarman, a second by Commissioner Thornton. This came down with a favorable recommendation. Commissioner Clay Bibbs, you're recognized.

1:22:48Speaker 18

Thank you, Madam Chair. So in the same spirit as what we just did with number 15, this item will be withdrawn and brought back for September for the new commission.

1:22:56Speaker 9

Okay. As a sponsor, we have a motion.

1:23:06Speaker 18

Right, so okay, great thing. Can I do number 17 as well?

1:23:09Speaker 9

Yes, so we'll read 16 and 17 and we'll do those together.

1:23:14 – 1:23:43Speaker 16

Item 17 also comes from the Hospitals and Health Committee, which is chaired by Chairwoman Avant as acting chair. Item 17 is an ordinance first reading ordinance to amend the Shelby County Air Code to update references to the Tennessee Air Pollution Control Regulations, repeal obsolete provisions, and revise appeals procedures to provide for recovery of appeals costs. Sponsored by Commissioner Ms. Clay Bibbs and Commissioner Erica Sugarman. This item was amended in August 5th.

1:23:44 – 1:24:10Speaker 9

2026 committee meeting all right commissioner clay bibbs thank you madam chairwoman so in the same spirit uh 16 would like to withdraw this and bring this back for the new commission uh in september all right as the sponsor of both ordinances have a motion to withdraw can do that uh that's so moved all right parliamentarian please read item 18.

1:24:13 – 1:24:44Speaker 16

Item 18 comes from the Law Enforcement Corrections and Courts Committee, which is chaired by Commissioner Wright. Item 18 is an ordinance second reading ordinance to amend the Shelby County Code of Ordinances by amending Chapter 10, Article 7, Sections 10-373, Definitions and 10-388, Temporary Housing of Children Creating Rules. FOR SECLUSION AND RESTORATIVE PRACTICES IN THE YOUTH JUSTICE AND EDUCATION CENTER, SPONSORED BY COMMISSIONER ERICA SUGARMAN, COMMISSIONER CHARLIE A. CASWELL, JR., AND COMMISSIONER HENRY E. BROOKS.

1:24:45 – 1:24:58Speaker 9

I HAVE A MOTION BY COMMISSIONER THORDEN. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER BROOKS. COMMISSIONER WRIGHT, CAN I GET A COMMITTEE REPORT?

1:24:58Speaker 26

YES, MA'AM, CHAIR. THIS WAS HEARD IN SECOND READING AND COMES OUT OF THE FAVORABLE RECOMMENDATION.

1:25:04 – 1:25:36Speaker 9

Senior Commissioners in queue. Please prepare the screen for a vote. I'm sorry there are two comment cards. My apologies. My apologies before we prepare the screen. Surely sure. Shirley Bowden. My apologies, Ms. Bowden. You could state your name and zip code for the record.

1:25:38 – 1:29:18Speaker 15

Shirley Bondon, Executive Director, Black Clarity Collaborative, 254 Court Avenue, 38103. Good afternoon, Commissioners. I'm here today to speak on behalf of the Family Council, Families Advocating for Justice and Equity, established by the Black Clergy Collaborative to advocate for practices, policies, and procedures that prioritize family connection, safety, and well-being, ensuring that youth interacting with the youth justice system have the opportunity to thrive. The Family Council strongly supports this ordinance, which establishes clear safeguards for the use of seclusion and restorative practices that help youth thrive. At its core, this ordinance embodies a fundamental principle. Children in our custody deserve to be treated with dignity, respect, and given a real chance for rehabilitation. The ordinance makes clear that seclusion cannot be used as punishment, retaliation, administrative convenience, or because of staffing shortages. It can only be used when necessary to address an immediate safety concern and less restrictive methods, including de-escalation must be attempted first. Most importantly, it established that a young person placed in seclusion must continue to have reasonable access to services and scheduled programming, including school, unless they present an immediate threat to themselves or others. That is what accountability looks like. Young people in the justice system are still developing. They are not simply smaller versions of adults. They are children whose lives can be profoundly changed by the experiences they have while in our custody. That is why we strongly support this restorative practice included in this ordinance, which are backed by research showing improved behavioral outcomes and reduced recidivism among youth. The ordinance recognizes that rehabilitation requires more than confinement. It requires education, life skills, physical and mental health care, family connection, positive youth development, and opportunities for young people to make better choices and build better futures. It provides daily opportunities for group physical and enrichment activities, meaningful family visitation, access to medical and mental health services, and confidential communication with legal counsel. These are not luxuries. These are tools of rehabilitation. If our goal is to build a safer community, we should focus on how we can help young people leave detention with stability, strong family ties, and opportunities for growth rather than trauma and disconnection. This ordinance moves us closer to that goal. It also establishes an important standard. When the government takes custody of a child, it assumes a responsibility to protect that child while also protecting the public. We can hold young people accountable without losing sight of their humanity. We can maintain safety without relying on isolation. And we can operate a secure facility while still creating an environment designed to educate, rehabilitate, and restore. I urge the Shelby County Commission to support this ordinance because how we treat children in our custody says something about who we are as a community. Let us be a community that believes accountability and compassion can exist together. Let us be a community that believes safety and rehabilitation are not competing goals. And let us be a community that understands that every young person who comes through our justice system is still a human being with potential, with family, with a future, and with the capacity to change. And for those reasons, I respectfully urge you to vote yes on this ordinance. Before I end, I'd like to thank Mayor Harris, Deputy Chief of Staff Dana Wilson, Director Anthony Alexander, Executive Director Reese Walker, and Commissioners Erica Sugarman, Charlie Caswell, and Henry E. Brooks for advancing this ordinance. I appreciate you all of you.

1:29:20 – 1:29:33Speaker 9

Thank you, Ms. Bonden. Ms. Rainey, I don't want to mess up your first name, so if you could come and state your name for the record and your zip code. You'll have three minutes.

1:29:34 – 1:31:10Speaker 17

Good afternoon. Shakira Rainey, 1009 Universities, 3107. I was once a youth detained in the juvenile system on my 16th birthday. I was tried as an adult when I was detained. I didn't attend school. As a girl, I had to stay in the pod and do packets of work. The only time I saw my family was when I went to court. At that time, it was sad. It was very depressing. And one time, an officer told me that I was never going home. The DA, the DA, Amy Wires, said that I was a minister of society. I'm not a minister of society. And I'm indeed at home with my family right now. While I was in detention, there was a few people who taught me how to pray, introduced me to poetry, and who would lift me up when I was feeling down. If I haven't had those people, I wouldn't have the motivation that I have today. I want every young person who was in the detention to have the time to reflect. I want them to be able to tell themselves this is not where I want to be. Today I'm here in front of you, the County Commission, to support the ordinance to stop solitary confinement and support restorative practices in the Youth Justice and Education Center. I'm currently a business and finance major at the University of Arkansas in Pine Bluff. I'm a junior. I'm also a poet and a writer. I'm also a youth justice activist. I advocate for the rights for the youth that's inside my community. That's it. Thank y'all for y'all time.

1:31:15 – 1:31:37Speaker 9

Thank you, Ms. Rainey, for coming to speak on behalf of the ordinance. Glad to see that you are able to take your experiences and glad for you to be on the path that you are in your seeking of your degree at the University of Arkansas. So, congratulations on that commissioner.

1:31:38 – 1:32:16Speaker 22

Thank you, Chair. I just want to echo the sentiments of the chairwoman, Ms. Rainey. That was very, very impressive. And it's just it's very impactful for us to hear your firsthand testimony. Oftentimes we make decisions without living out the experiences. And so everything that you just share with us is just very powerful. And I just really hope that others are listening in and they feel inspired to come down and advocate for what they want. this body to do. So you just did your big one today. I'm wishing you your best in your studies and I hope you just come back to see the impact of this and just continue to stay engaged. You're very inspiring to me today. And with that, I would just love to be added as a sponsor.

1:32:18Speaker 9

I have a motion by Commissioner Thornton, a second by Commissioner Sugarman. I can do that without objection. Seeing none, so moved. Commissioner Caswell, you're recognized.

1:32:27 – 1:33:14Speaker 25

Thank you, Madam Chair. And I'll just say, Ms. Rainey, thank you for that testimony, what you just shared. Sitting here today, I was locked up in juvenile court at 15. Three days they put me in the room and kept me secluded from everybody and said the same thing, that I was a minister of society. But thankfully those charges were dropped. and i sit here now as your county commissioner so you got great great future ahead of you continue to take that motivation and go on to be something greater in life so thank you for coming out and sharing today and that's why i sponsored this supported this resolution thank you ordinance thank you commissioner brooks thank you um i just want to add to those comments i i remember meeting miss rainey two years ago at hollywood community center she was part of the panel

1:33:16 – 1:34:11Speaker 11

with Mayor Harris and Judge Sugarman and some others, but just as she did today, she did a couple years ago, inspired us, encouraged us, and then just made us grateful that we invested in the Juvenile Justice Center. And I want to encourage you to continue to speak out publicly on this issue. because some of our children who have maybe had some issues, behavior issues in the past need to hear what you have to say. That just because you have those issues doesn't mean that you can't overcome them. It's just one little obstacle and you can get over it and go on and do better. Congratulations on your academic success and keep us tuned in. Thank you so much.

1:34:14 – 1:34:32Speaker 9

All right. Madam Clerk, please prepare the screen for a vote. Madam Clerk, please report the vote.

1:34:45 – 1:34:56Speaker 21

We have aye votes from Commissioners Whaley, Caswell, Sugarman, Wright, Thornton, Morrison, Brooks, Bradford, and Shellworm and Avent. We have nine aye votes.

1:34:56Speaker 9

That motion passes. Commentarian, please read item number 19.

1:35:03 – 1:35:31Speaker 16

Item 19 comes from the Land Use Planning Transportation and Code Enforcement Committee with Commissioner Mills as Vice Chair. Item 19 is an ordinance second reading joint ordinance to amend the Memphis and Shelby County Unified Development Code adopted by the City of Memphis on August 10th, 2010 and by Shelby County on August 9th, 2010 to establish a procedure for replacing the zoning mapping ZTA 2026-002 sponsored by Commissioner David C. Bradford Jr.

1:35:33 – 1:35:48Speaker 9

I have a motion by Vice Chair Bradford, a second by Commissioner Caswell. Commissioner Mills, could we have a committee report? I was in. This did come down with a favorable recommendation. Mr. Ragsdale?

1:35:49Speaker 13

Thank you, Madam Chair. Brett Ragsdale with the Division of Planning and Development. I'm happy to answer any questions. As you said, it did come up with a favorable recommendation. So if you have any questions or if you want me to discuss anything.

1:36:02 – 1:36:32Speaker 9

Seeing none, please prepare the screen for a vote. Commissioners, if you have not voted, please do so. Adam Clark, please report the vote.

1:36:49Speaker 21

We have aye votes from Commissioners Whaley, Caswell, Wright, Morrison, Brooks, Bradford, and Chairwoman Avent. We have seven aye votes. Okay.

1:37:00Speaker 9

That motion passes. This goes on to a third reading.

1:37:04 – 1:37:44Speaker 16

Parliamentarian, item 20. Item 20 comes from the Education Committee with Chairwoman Avant as acting chair. Chairwoman, as this item is on third reading, I'd ask once it is properly before us that you allow me an opportunity to read the summary to the record. Item 20 is an ordinance third reading. Joint Ordinance of Shelby County Government and the City of Memphis Amending Ordinance Number 573, adopted April 14, 2025, in furtherance of a program for a high-quality early childhood pre-kindergarten for all, sponsored by Commissioner Erica Sugarman, Commissioner Miska Clay-Bibbs, and Commissioner Mikael Lowry.

1:37:54 – 1:38:08Speaker 9

All right, we have a motion by Commissioner Thornton, a second by Commissioner Whaley. This did come down with a favorable recommendation. All right, commentary, and if you could read.

1:38:12 – 1:38:40Speaker 16

The summary for this item is as follows. This ordinance seeks to amend ordinance five 73 of the Shelby County code of ordinances to amend the pre-kindergarten program language to clarify terminology includes subject to funding requirements for annual appropriations. This item requires a two thirds majority vote of the membership of the board of County commissioners for approval. And that would be nine, um, members of this body needing to, uh, vote to, for this to be approved.

1:38:44Speaker 22

Commissioner Thornton, you recognize. Thank you chair. I would first like to be added as a sponsor.

1:38:50Speaker 9

I have a motion by Commissioner Thornton, a second by Commissioner Caswell. Can we do that without objection? Seeing none, so moved.

1:38:59 – 1:40:06Speaker 22

Thank you, Chair. And then I just want to just state to the public, we are off track for our universal pre-K plan, which is to provide three and four-year-olds access all across Shelby County to universal pre-K. Um, to the commissioners that I hope are listening in today into the commissioner, like in the office, I mean the audience, it is so important for us to renegotiate the current contract. It has recently had an amendment that has put, um, a tethering between the county and the city. And so even when the county was interested to go all the way and to stay on track, we couldn't because it, our investment increased above a new threshold that has been put into the contract. So we're going to have eight new commissioners after September 1st. I cannot say enough how important this is. This is the future of Shelby County. I really hope that you will work with Mayor-elect Lowry to renegotiate this contract and to allow the commission to make the investment that we are ready to make into our universal pre-K. We need to stay on this five-year plan, and we need to see this through. Thank you.

1:40:10Speaker 9

All right, Attorney Smith, just for the record, if you'd like to share why we need nine votes, why there must be nine in the affirmative in order for this to pass on final reading.

1:40:20 – 1:40:46Speaker 20

Megan Smith, County Attorney's Office. The original Ordinance 573 was adopted last May. It includes some contracting requirements, which if you look at Charter 2.06C and the corresponding provision of the Charter 3.03E, there are duplicating contracting services with the City of Memphis. That's all included in the original ordinance. It passed with a two-thirds majority, and to amend the same, you have to vote the same.

1:40:47 – 1:41:02Speaker 9

Thank you. Please prepare the screen for a vote. Madam Clerk, please report the vote.

1:41:14 – 1:41:32Speaker 21

We have I votes from commissioners lately. Play builds casual show them in. July right points in Morrison. I read Bradford, it's a woman event we have 11 items that motion passes ordinance is this ordinances past.

1:41:34Speaker 9

Commentary please read item 21.

1:41:38 – 1:41:57Speaker 16

Item 21 comes from the general government committee with commissioner Sugarman as vice chair item 21 is an ordinance. Second reading ordinance to amend the Shelby County code of ordinances by amending chapter two, article four division two to add a new section two dash one 91 financial reports sponsored by commissioner Erica Sugarman.

1:41:59Speaker 9

I have a motion by commissioner Thornton, a second by commissioner Sugarman. Mr. Sugarman can have a committee report.

1:42:06 – 1:43:54Speaker 7

Yes, Madam Chair, it was favorable. Okay, you're recognized. Thank you. And so, again, we have asked, we passed a resolution so that resolution reflected what the Comptroller's Office has requested of the Financial Department. And again, we didn't have the details. I asked, for example, the election commission to send details, send emails, and I copied my colleagues. And so this is to codify that when we are deliberating and when we're discussing the financial health of our county, it is very important that we're able to see actual numbers with details. And so this reflects, number one, what the comptroller's office has asked us repeatedly, Number two, a resolution that we passed and which was ignored. And so hopefully, moving forward, that the future board members, whether the next one is coming on board or in the future. And again, this is only to codify so that, again, we are covered. And we're in a tenuous situation right now. As you all know, the committee is outraged. about the situation we are with our budget. And I'm hopeful that with the next Board of Commissioners is that this will be a number one issue as well along with the Mayor elect to address the budget issue so that we can do some of the things that our communities want us to do. But until we get our budget right, you know, and that's gonna take us looking at the complete budget, line item budget with details. to make the best decision with the information we have before us. Thank you.

1:43:59 – 1:44:16Speaker 9

Seeing no commissioners in the queue, please prepare the screen for a vote. Madam Clerk, please report the vote.

1:44:32 – 1:44:47Speaker 21

We have aye votes from Commissioners Whaley, Clay Bibbs, Caswell, Sugarman, Wright, Thornton, Brooks, Lowry, Bradford, and Chairwoman Avent. We have 10 aye votes. That motion passes. This goes on to third reading.

1:44:51Speaker 9

Parliamentarian, please read item 22.

1:44:53 – 1:45:22Speaker 16

Item 22 comes from the Core City Neighborhoods and Housing Committee with Commissioner Sugarman as acting chair. Item 22 is an ordinance that could reading joint ordinance of the Shelby County Board of Commissioners and Memphis City Council to amend ordinance numbers 581 County and 55946 City to repeal and replace the existing building home program implementation plan and and to establish a building home program application fee, sponsored by Commissioner Henry E. Brooks.

1:45:22Speaker 9

I have a motion by Commissioner Sugarman, a second by Commissioner Caswell. Commissioner Sugarman, can I get a committee report?

1:45:32Speaker 7

Yes, Madam Chair, it's favorable.

1:45:35Speaker 9

Commissioner Thornton?

1:45:37Speaker 22

Thank you, Chair. Can you explain more about how this particular building home program works?

1:45:44 – 1:46:19Speaker 13

Thank you, Commissioner Thornton. Brett Ragsdale with the Division of Planning and Development. Yes, this is a program that is intended to incentivize the use of some of the land-based properties that are right now inactive. So really to activate those properties, have some incentives. So these would be transferred free of charge. And this amended ordinance actually allows the body to waive any back taxes. So We have a lot of these properties that are sitting vacant that really could be utilized, and this is some small incentive to try to trigger that and incentivize developers to use those properties for homes, for building single-family homes.

1:46:19Speaker 22

And this is the first time that we are initiating this program, correct, on the other side of this ordinance?

1:46:25Speaker 13

Yes, that's correct.

1:46:27 – 1:46:44Speaker 22

And then when we say that we're going to waive the back taxes, does that mean that we're going to incur the costs associated with that, or...? Is there another pool of funds we get to access to do that? How much do we anticipate that will be? Do we know what the fiscal burden is of implementing the ordinance?

1:46:46 – 1:47:21Speaker 13

Brett Ragsdale with the Division of Planning and Development. We don't, and it would be up to this body on a case-by-case basis of whether or not you would waive those taxes. And so it would depend on how much those taxes would be and if this body decided. We would be recommending, again, these are properties that are underutilized and they're not really activated. We want to get them back on the tax roll. And so there would be some balance of that to look at what the taxes are, but what the benefit would be to get them back on the tax roll with a home that could be available for purchase.

1:47:21Speaker 22

Would the overseer of the program be yourself or Administrator Sykes-Woods?

1:47:27Speaker 13

Brett Ragsdale with DPD. It is our housing department, so yeah, it would be in DPD with our housing department.

1:47:33 – 1:47:47Speaker 22

Okay. And then do you have the process of how people will apply already laid out that we can communicate to people today since it is in second reading, assuming that it'll pass the final meeting of the year?

1:47:48 – 1:48:12Speaker 13

Brett Ragsdale with DPD. We do. We actually have a website. We have some flyers that we've passed out. The program has actually been active for about a year. This is an update to that to clean up a few things. And so we've been actively advertising that. But We want to get some of these things in place that we've got in this ordinance to begin to really activate it. But, yes, we will be advertising it.

1:48:13Speaker 22

And so if you could just provide all that information to the commission. You said that it's been up for a year. How is that so without the ordinance?

1:48:23 – 1:48:37Speaker 13

Well, this is an amendment to the original ordinance, so this is just a few amendments to that. So just a few things that we noticed that we wanted to correct and adjust in the original ordinance.

1:48:41Speaker 22

I'm back in the queue, Chair. Commissioner Thornton? Thank you, Chair. When was the original ordinance passed?

1:48:48Speaker 13

Brett Ragsdale with DPD. It was last June, I believe. Last June or July, it was last summer.

1:48:55 – 1:49:18Speaker 22

Okay, nice. And can we see or do you have any summative reports of the impact since it's been up and running for a year? How many houses have we been able to activate? How many people have opted into utilizing the program? Any type of data that you have rooted hopefully in district data or zip codes would be helpful as well.

1:49:19 – 1:49:43Speaker 13

Brett Ragsdale with DBD. We haven't really been forcefully activating this. We do have a few applications, I think four or five, four or five applications that we've gotten in. So it hasn't been up and running. We haven't really been pushing this hard. We wanted to get these amendments passed in order to really start using the program

1:49:45Speaker 22

Is there a time period that developers have to build or break ground?

1:49:49 – 1:50:00Speaker 13

Yeah, Brett Ragsdale with TBD. It's a two-year time period. Is that correct? two-year time period that they would have to show that they were working toward using that.

1:50:00Speaker 22

And I'm assuming they have to show up front financials that they can actually build.

1:50:05 – 1:50:18Speaker 13

Correct. There's an application process that has several of those things, scoring criteria that we would be looking at to make sure that we're looking at developers that can do a project of this scale.

1:50:19Speaker 22

And in closing, is this friendly to emerging developers?

1:50:25 – 1:50:40Speaker 13

It is, and we actually have some language in the ordinance that we try to work toward emerging developers a certain percentage of the properties and try to help encourage that involvement. So that's a big part of the program as well.

1:50:41Speaker 22

Okay. Thank you. I appreciate that.

1:50:45 – 1:51:27Speaker 13

And Madam Chair, I just wanted to mention, we did pass out a copy of the implementation plan earlier. This doesn't change any substance of the ordinance. It just shows what these changes are, which was not included in the original. So I would like to make sure that we get that adopted. And so I think I would need to get a motion in a second. get this updated implementation plan which again doesn't change the substance of the ordinance it just shows which things we changed so you get a copy of that i think it was passed out earlier okay is there a uh commissioner who would like to make a motion to substitute he said that he wants good implementation is that the correct

1:51:27Speaker 16

Well, I just spoke with your staff and they explained that there are no actual changes being made today.

1:51:35Speaker 13

That's correct. Yeah. This is just showing the highlighted changes that are part of the ordinance

1:51:43Speaker 9

Currently, so we made this information just a moment.

1:51:49 – 1:52:17Speaker 16

So I think what we discussed is that, um, there was, um, this item is actually an amendment, but it was not presented in the form of a red line. So that such that w what you have in the system is the version that already accepted all the changes. And so, As a courtesy, they have now presented what the item would have looked like had it been presented with the track changed.

1:52:18Speaker 31

That's correct.

1:52:19 – 1:52:31Speaker 9

Got it. So there was a motion by Commissioner Sugarman. Is there a second? A second by Commissioner Brooks. Can we do that without objection? Okay, seeing none, that this is the amended, a copy that works.

1:52:31Speaker 22

No, no, no, no, it's not a formal amendment.

1:52:34 – 1:53:06Speaker 16

So there's no formal amendment. So when it was proffered to us, it was not in the form of track changes. It was already in the system in a clean version. So we already have this version just in the future. What we discussed is that it would be presented with the red line, but now just as a courtesy because they've so you all have already voted on the only item that's been presented is the one. the clean version of this changes. So now you all just have the changes so you can see what the changes were.

1:53:06 – 1:53:23Speaker 9

Okay. Just to clarify, I thought that in committee there wasn't an actual motion to accept those changes. So can we just clarify that before we move forward and who could do that?

1:53:24Speaker 16

So would you like to do that?

1:53:27 – 1:53:52Speaker 13

Brett Ragsdale with DPD. And so DPD, The original ordinance that was submitted has all of the same information that you have. It just didn't show the highlighted changes. And so we were discussing that we thought we needed to get this actually adopted. But I think that what we're saying now, since it's not changing the substance of the ordinance, we don't have to revise what was submitted.

1:53:53Speaker 9

All right. Thank you, commissioner Brooks. So no action needs to be taken because the actual item was amended in committee.

1:54:05 – 1:55:05Speaker 16

okay so the item currently before you is actually um and you can correct me if i'm wrong but it is it is to amend so the the purpose of this is to repeal and replace the existing building code so in order to repeal and replace you are making changes to the existing version. So when it was presented originally, it was presented as a clean version, so you all were not working from a red line copy. So now, just as a formality, or just as a courtesy, they're showing us what has been changed from the original. So there's no need to move or second, but in the future, when it's presented we discussed it offline that would be presented with the red line so that people are aware when you're repealing and replacing taking that action that the body needs to know what they're repealing and replacing understood thank you for the clarification commissioner brooks

1:55:18 – 1:55:35Speaker 9

Madam Clerk, please prepare the screen for a vote. Madam Clerk, please report the vote.

1:55:46 – 1:56:00Speaker 21

We have I votes from commissioners Wiley, clay builds, Sugarman, shall I write Thornton, Morrison, Brooks, Larry Bradford and chairwoman event. We have 11 items that motion passes.

1:56:00Speaker 9

This goes on to third reading. I'm a Terry and item 23.

1:56:08Speaker 16

Item 23 comes from the Equal Opportunity MWBE LOSB Committee with Commissioner Sugarman as acting chair.

1:56:21Speaker 9

We have a motion.

1:56:21 – 1:56:50Speaker 16

Oh, I'm sorry. Item 23 is an ordinance second reading. Ordinance amending Shelby County Government's locally owned small business LOSB ordinance section 2-224 in order to apply 25% LOSB goals based upon market availability and increase the sheltered market threshold to less than $50,000 in the county's procurement process. Sponsored by Chairwoman Shante K. Avant, this item was sent down without recommendation in August 5th, 2026 committee meeting.

1:56:51 – 1:57:08Speaker 9

A motion by Commissioner Thornton and second by Commissioner Sugarman. Commissioner Sugarman, can I get a committee report? Yes, Madam Chair, we'll sit down with that recommendation. Okay. Colleagues, before you, there's a substitute that I'd like to make a motion to introduce. Can I get a second?

1:57:08Speaker 7

So moved. Second.

1:57:09 – 1:57:24Speaker 9

Okay. I have a motion by myself, a second by Commissioner Sugarman, which has the red line version in front of you. Administrator Wilburn, if you could present, and then I'll go to commissioners in the queue. Sure.

1:57:24 – 2:03:24Speaker 4

Shep Wilburn, ELC Administrator. What passed by you in the first reading was captioned to include increasing the LOSB goal to 25% and was to increase the sheltered market threshold It had a less than $50,000 sign, which Commissioner Sugarman asked us to take out and just put the language in. The new caption reflects that there is no, the 25% LOSB goal is for construction only and construction-related services. We are keeping the 20%. LOSB goal for all other things. Similarly, we are maintaining, the language was changed to maintain the caption, the sheltered market at less than $50,000. Those are the things in the caption. I want to briefly just go through how all that came about, if you will, and give me a few moments to say that the director, the administrator of purchasing, and I met and we have come to an agreement on the things that are now before you. There was a disagreement over the 20% versus 25% and the compromise was 25% for construction and 20% for everything else. There was disagreement over the sheltered market suggestion It never was a part of the ordinance, but it was a suggestion that the consultant had sort of made to me and we had thrown out that maybe we might want to increase the sheltered market to 100,000 instead of 50,000. That was fraught with issues in purchasing, and so we once again just left it where it was at the 50,000. I also want to mention that There was language in the ordinance that spoke to the EOC appeals board being an appeals vehicle for those who were found to be nonresponsive as a result of good faith efforts. That has been removed. It was viewed as an extra layer being added to the process. As it is right now, both the administrative purchasing and the administrative EOC must agree on the good faith efforts. So there was really no need to add that layer at this time. If it looks like we can't ever agree or we have a problem with that, then certainly that's something that you may be asked to amend in the future. Um, And then there was the whole issue of a definition that legal had. They were concerned about the definition of award. The original ordinance at first reading included a definition of award that differs from what the definition of award is in the purchasing policy and manual. We have now changed it to be exactly what is represented in the purchasing policy and manual. So there is agreement on that. And then lastly, I want to make reference, and I want to thank Commissioner Mills for bringing it up, because there had been left in the original ordinance that you approved on first reading a suggestion that had an alternative to how to handle bid preferences over a million dollars. That was never agreed to. It shouldn't have been in there. We inadvertently left it in there. She brought it to our attention, so it is out. So the concerns that were brought up at second reading and the concerns I mean, at first reading in committee and at the committee meeting for second reading by Commissioner Mills have now all been addressed. It is just a little background. We determined, and all of you got the data from Griffin and Strong, we determined that there were approximately 29,000 firms in Shelby County that have revenues less than $5 million. That is of the 33,000 businesses that we have in Shelby County. So clearly, most of the businesses that we have in the county are small. If you begin with the premise, we thought we would look at increasing the limits from 1 million to some number, from 5 million for construction to some number, and from 15 million for IT and security firms to some number. After reviewing the data, it was clear with the majority of the businesses being 5 million or less for a small business program that it made sense to leave the 5 million for construction, to leave the 15 million for IT, and security firms and to raise the one million to two and a half million. That is what you have before you now. That was a part of what was presented to you in the first reading. That was where the pressure was anyway, because most of our businesses were exceeding the one million, and you had, through the appeals board, been granting to those small businesses one-year extensions of their LOSBs until we could get the limit situation worked out. That is basically what this presents to you now. The ordinance basically has been not changed beyond that, and it is as the changes that you have before you reflect.

2:03:25 – 2:03:45Speaker 9

Thank you, Administrator Wilburn. And I think you saw colleagues in the letter, the memo that was sent from Administrator Wilburn on Friday about the changes in the agreement between both purchasing and the EOC office. So, Commissioner Bibbs.

2:03:46Speaker 18

Thank you, Madam Chairwoman. I'd like to be added as a sponsor for this item. Second.

2:03:50 – 2:04:06Speaker 9

I have a motion by commissioner biz is second by commissioner casual. Oh, commissioner Sugarman. It's hard when y'all say it at the same time to here, depending on the left ear of my right ear. Uh, can we do that without objection? Seeing none. So moved commissioner Thornton.

2:04:06Speaker 22

Thank you chair. Um, just for the listening public, um, administrator Wilbur, when was the repealed?

2:04:15Speaker 4

Shep Wilman, EOC administrator EOC was appeal when the legislature passed the legislation in may of last year.

2:04:25 – 2:04:44Speaker 22

So may of 2025, um, it created a new situation here in Shelby County. Um, and so we have our local, um, LOSB ordinance has passed and this is amending that ordinance.

2:04:45Speaker 22

And so can you just explain to the public the sheltered market? Can you give more definition of what that is and how it works?

2:04:54 – 2:05:57Speaker 4

Yes. The sheltered market is a process by which if three or more LOSB businesses can be identified that provide that service, On a product or service that is being procured for less than $50,000, purchasing an EOC can agree that that project should be bid, if there are three or more, by LOSBs only. If there are not three or more, then it goes out to general procurement as you would any other procurement. But it is an opportunity where we have availability of LOSB vendors to provide that service, to certainly encourage them to do so. And it limits their competition against businesses that are of similar size, as opposed to them bidding against larger firms. And this is only 50,000 and less, which is a informal situation, informal contracting situation, not a formal bid.

2:05:58Speaker 22

Okay, and so you had a mention about they're being pushed back for $100,000 being the threshold.

2:06:06Speaker 22

Can you just reiterate what is the consideration or I guess the disagreement between EOC and purchasing at that figure?

2:06:14 – 2:07:32Speaker 4

Well, obviously, EOC originally wanted to have as higher limit on sheltered market as we could get, because what you're doing with the sheltered market, that's why it's called sheltered, is you're limiting those that bid on that to those that are LOSBs. And so when you take it higher, you obviously limit it. However, above $50,000, you are no longer doing informal solicitations. You are now doing formal bids, and state law requires us at that point to have adherence to it, and we have to open it up to all of those who would be available to bid. The idea was that if there were some way that you as a body might increase the informal to 100,000 as opposed to 50,000, you could do it. The other thing is that As it is now 50,000 or less is something that the administrative purchasing and EOC and the chairperson basically can resolve. You are not required to be on a contract is less than $50,000. You are required to, uh, not to approve a contract of less than 50,000. You are required to approve any contract that's greater than 50,000 50 or greater.

2:07:33Speaker 9

Thank you. Commissioner Larry.

2:07:38Speaker 26

Thank you, Madam Chair. I'd like to be added as a sponsor.

2:07:41Speaker 9

I have a motion by Commissioner Lowry, a second by Commissioner Sugarman. Can we do that without objection? Seeing none, so moved. Commissioner Morrison?

2:07:51 – 2:08:14Speaker 8

Thank you. And my question is about some of this part about the good faith effort and the scoring of up to 100 available points. To what extent does that affect the bid? Because that seems like that could be somewhat arbitrary and grave.

2:08:14 – 2:10:24Speaker 4

Well, we have a process, both purchasing and us, and we go through this. That's why you have the points for these items being allocated, and they're required to document. Good faith efforts means that you have to show that you made a good faith effort to include LOSBs and to meet the goal. You are deemed still responsive. if you didn't meet the goal, if you can satisfy the good faith effort. Within that context, we need to see documentation that you in fact did certain things, that you sent out plans or whatever to eligible LOSBs, that you have identified them, that you have followed up by making calls, that you have done that. And this is not new. This has been in our LOSB for a while. It's just a continuation. The only thing that is new is we have actually given them a better opportunity to meet it by saying that the 10 points that are available for you to offer financing, we realize you can't do that until you have already identified an LOSB that you're going to list as working with you. So, because otherwise you could promise to help finance anybody and that doesn't mean anything because if they don't get the contract, it was just a promise. But if you have identified someone in our process, I don't want to belabor it, but we have a process where you're required to submit a Form A with the firms that are going to be your LOSB firms, the dollar amount that they're going to do, the percentage that that represents, And then we can see whether or not you actually met the goal. You can have a partial meeting of the goal. You can have a full meeting of the goal. If you have a partial meeting of the goal, then you obviously have to document why you couldn't meet the rest of it. If you don't meet it at all and you say there was nobody able to provide that, you have to submit that. But that's why purchasing and EOC review it because we don't want to get to a point where you know, it is getting any more subjective than it need be.

2:10:25 – 2:10:48Speaker 8

Thank you. I'm just aware of my time. So, uh, both purchasing and the EOC office together come up with this scoring system and that's the way it has been to date. Okay. And then across the state, um, this percentage that, uh, 25% and 20%, what other counties are you aware of that have such?

2:10:51 – 2:12:53Speaker 4

Well, let me see. I don't want to shoot off the top of my head, but I know some counties have 30% LOSB. The legal can further explain about the standard of LOSB, but there's a misconception LOSB is considered and is race neutral. As such, they only have to meet a reasonable standard. They do not have to meet strict scrutiny as would be the case with a race-based program. That means that if there is a feeling that we want to help our businesses and you commissioners decide that you want to help them at a certain level and you believe that because of the economy and other things that can justify it, you have the ability to have a locally owned small business percentage that you deem appropriate. In our case, we actually went and got the data to see how many firms fall into what income levels to justify. Hence, that's why we knew that a 25% go for construction with a cap of $5 million would reach quite a few businesses. If you look at the database we sent out, I think you will see that there are over 400 construction companies that would qualify. And the universe that we have, which is something that I want to be clear about, is that we can reach those firms. You can change this goal. There are some commissions whom I think we ought to have 30%. The data right now would justify 30%, but we think that going to 30% right now would be extremely difficult because I think Director Tipton will tell you and Purchasing will tell you, every time you have a higher goal, you lose interest from some contractors because they don't want to participate the higher the goal goes up.

2:12:53 – 2:14:25Speaker 22

All right, Commissioner Thornton. Thank you chair. So do we move at the speed of the interests of larger companies or build capacity for our local businesses that often are cut off from the cap that we've put? So, um, can you just say more? I'm just very curious, particularly because before we implemented our modified LSB ordinance, there was an issue, a glaring issue in Shelby County with spend with minority businesses that we publicize. And so I'm just very curious, like in terms of just local small businesses, like what does progression look like in terms of this goal setting to ensure that we're building on that active interest that we have to make more room for local businesses? So, you know, I'm ready to make a motion to amend this to 30%. But I would like to just know more of this difficulty that you have expressed. I know that we've done micro loans to businesses. Are there any type of incentives? I mean, if we at Shelby County are at 25% and you're telling me somewhere across our 95 counties, another county is operating at 30%. then surely Memphis can step up to the 30% mark. So I would just like to just hear more of your input on our capacity to grow into this 30% and really maintain this figure.

2:14:26 – 2:15:24Speaker 4

Shep Wilbin, EOC Administrator. One of the issues that you face is the market availability in certain categories of spin. Construction happens to be one, that there are generally more firms than in any other category that we have. And it is one that might lend itself to there being a higher goal than other categories. Administrator Gloucester is not here, and part of our conversation, he's out today and he supports this, but part of our conversation was, you know, every time you increase the goal, we have a fall-off of vendors applying, and we don't know if we'll have enough to get us what we need to get because this increased goal is now, in their minds, reducing their ability to have what they want to get from the job.

2:15:25 – 2:16:04Speaker 22

Right, and I think the operative word is what they want to get. If we build it, they shall come. So today, you know, I hear, I just want to know what would prohibit us. So all I needed to hear was that a county in Tennessee is at the 30% threshold. And I do believe that Shelby County should match or exceed. I mean, if we're talking about the construction, I heard you say that the construction, you know, category here that we're talking about, it can withstand a 30% goal. That's what you just said. So with my seven seconds, I would like to make a motion to amend the 25% threshold for construction to 25% threshold for construction to 30%.

2:16:04 – 2:16:19Speaker 9

I have a motion by Commissioner Thornton. Is there a second? Okay, that motion dies for lack of a second. Commissioner Caswell?

2:16:20 – 2:17:16Speaker 25

Thank you, Madam Chair. And my hesitancy, too, is because of the work you've done already and purchasing has done to figure out where we need to be right now. I would like to be at 50. You know, because if we can keep the money here, but as you said, we still have to build capacity here. Businesses here have to build the capacity to compete at that level. And so jumping out there, when you already done all the homework with purchasing based on all the vendors and all that you have had, all the people you got in your Rolodex, You know the capacity that you can do. And I'm sure if you've seen it, I believe you would have brought it that way. And so appreciating what you have already did to get us to this point. I'm glad to see that we're making some strides to get better. We must get better. I want to make a motion to co-sponsor this.

2:17:16 – 2:18:46Speaker 9

Okay, I have a motion by Commissioner Caswell, second by Vice Chair Braver. Can we do that without objection? seeing none so moved commissioner brooks you're recognized yes i'd like to be added as a sponsor i have a motion by commissioner brooks a second by commissioner sugarman can we do that without objection seeing none so moved all right uh commissioner thornton this is your third time speaking on this item would you like to make a motion to suspend the rules can i use a point of privilege i just want to be asked as a sponsor sure Commissioner Thornton added as a sponsor motion to be added as a sponsor second by Commissioner Sugarman can do that without objection seeing none so moved Commissioner Sugarman thank you madam chair I make a motion to be added as a sponsor okay I have a motion by Commissioner Sugarman second by Commissioner Thornton can we do that without objection seeing none so moved madam clerk please prepare the screen for a vote Madam Clerk, please report the vote.

2:19:09 – 2:19:25Speaker 21

We have, I vote from commissioners Wiley clay builds Sugarman July Thornton Brooks, Lowry Bradford and show them a van commissioners meals and Morrison abstain. We have nine eyes and two abstain.

2:19:25Speaker 9

That motion passes. This moves on to third reading parliamentarian. Please read item 24 item 24.

2:19:33 – 2:19:56Speaker 16

comes from the Budget and Finance Committee, which is chaired by Commissioner Whaley. Item 24 is a resolution to appropriate funds in the total amount of $22,950 from the fiscal year FY2027 Commission Contingency Funds to support security cameras, maintenance, and District 9. Sponsored by Commissioner Matthew T. Shalai, this item was sent down without recommendation in August 5, 2026 Committee Meeting.

2:19:56Speaker 9

I have a motion by Vice Chair Bradford, a second by Commissioner Thornton. Commissioner... Wait, we're going to get a committee report?

2:20:04Speaker 27

Yes, Madam Chair. This item comes down without recommendation.

2:20:07Speaker 9

Okay. Commissioner Shalai?

2:20:09Speaker 28

I would like to ask that this gets moved to the Hill of the Committee, if possible.

2:20:18Speaker 5

We'll move this item and have it heard at the end of the agenda. Next item is 25, if we could read 25.

2:20:27 – 2:21:06Speaker 16

Item 25 comes from the Budget and Finance Committee, which is chaired by Commissioner Whaley. Item 25 is a resolution approving the Memphis-Shelby County Schools operating capital improvement budgets for fiscal year 2027, FY27, in the aggregate amount of $1,799,354,177. as amended and adopted by the memphis shelby county schools board of education sponsored by commissioner michael whaley this item was substituted in august 5th 2026 committee meeting thank you this item was moved by commissioner thornton seconded by commissioner shall i um commissioner sugarman

2:21:08 – 2:22:54Speaker 7

Thank you, Vice Chair. And so I just want to put on the record my concerns from my colleagues as well as students across the district who are in high school and they have been told that this fiscal year that the high school students would not be receiving their devices. Mind you, last budget season they said that the high schoolers were in turn, it was their turn to get new devices. So not only are they not getting new devices, they're not getting any devices. Mind you, again, that textbooks were not being ordered for certain core subjects because they're online. So now the situation is there are no, the online books cannot be accessed by the students because there are no devices and that is a huge concern. And so I've emailed the chair and the Superintendent of the school board. I'm just very concerned for my situation in particular is an example. As well as my colleagues, you know, they're concerned because students, especially high school students, do not only have access, do not have access to the books online, but also is crucial because now they're also trying to get into colleges, acquire scholarships etc and not everybody can afford a device and so I would like for the school board to address this issue and please provide all students especially high school students with a device thank you Thank You Commissioner Sugarman Commissioner Whaley I forgot to ask for a committee report on this one yeah no problem this item came down with a favorable recommendation thank you Commissioner Mills thank you I have a question for CFO Tipton

2:22:56 – 2:23:26Speaker 6

you don't mind and my question has to do with the CIP and can you hear me I know you said you can't hear back there okay and my question has to do with a 15% that goes to the municipal schools and they haven't gotten it for 20 FY 24 25 or 26 and I'm wondering is that a Shelby County or is it because Memphis Shelby County Schools has not spent their CIP money for those fiscal years?

2:23:27 – 2:24:06Speaker 19

Audrey Tipton, Director of Administration and Finance. You're correct. The way that works, Shelby County Schools has to spend their 85% in order for us to release the 15%. I think the 24 year is the year that we allocated funding for the East Campus and they have not expended those funds yet. So that would be the holdup of the 15% going out to the municipals. But the other years, I'm not certain, but I can check, but I thought that we had expended all of the funding.

2:24:06 – 2:24:19Speaker 6

Okay. According to their paperwork, it has not come in for those years. My next question has to do with the wheel tax, why they have not received their portion of the wheel tax.

2:24:21Speaker 6

The wheel tax.

2:24:22Speaker 19

The municipals?

2:24:23Speaker 6

Arlington, specifically, community schools. The will tax? $342,000. It's roughly $85,000.

2:24:34 – 2:24:53Speaker 19

The will to, I'm sorry, are they tipped the director of administration and finance? Uh, the will tax revenue is, uh, calculated in the revenue that we issue, uh, in the maintenance of effort. And we have allocated the funding to all of the municipals from the maintenance of effort, effort amount.

2:24:54Speaker 6

Um, okay. I know they said they reached out to Anthony Maples. Is that in your department reached out to Anthony Maples?

2:25:04Speaker 19

Anthony Maples, that is the senior accountant that prepares our revenue reports.

2:25:11 – 2:25:40Speaker 6

Okay. Because they're waiting. And I can talk to you offline about this, but them being held up, one, because... The money hasn't been spent. I mean, we increased. I mean, we bettered the situation from before last term. But they're still having to use their rainy day fund or whatever because of Memphis Shelby County Schools. I didn't know which it was, but you just told me. And so those were my questions.

2:25:40 – 2:25:51Speaker 19

Okay. We will, Audrey Tipton, Director of Administration and Finance, Deputy Director Schaumbach, and I will look into that and make sure that everything has been paid out. Okay.

2:25:52Speaker 6

Since we're talking school finances, I thought this would be a good opportunity. Thank you very much.

2:25:57 – 2:26:16Speaker 5

Thank you, Commissioner Mills. I apologize, Commissioners. I do have two public comment cards, and so I'm going to jump to these just to see if it generates any more discussion before we get to any other Commissioner questions. The first one I have in front of me is Charles W. Moss. Mr. Moss, if you'll come up to the podium, just give us your name and zip code, and then we'll have time on the clock for you to speak.

2:26:20 – 2:28:00Speaker 23

Good evening. I'm Charles Moss. My zip code is 38119. We are standing at a critical crossroads in our county. Every dollar spent by local government represents a choice about our priorities, our values, our future. Right now, our county is facing severe financial challenges across the board. We need new schools. We need a new regional medical center. Our local prison is unsafe and urgently requires attention and investment. With so many pressing needs, we have to ask a fundamental question. Why in the world would we put a single dime towards preserving the status quo of a failing school system? When resources are tight, doubling down on systems that are not delivering results for our children, which is not just a mistake, but it's poor leadership. To our outgoing county commissioners, to those who are preparing to take office, this is not a good move. Investing in status quo sending the wrong message to taxpayers who fund these projects and, mostly importantly, to the young people who depend on us to get this right. Let's be clear. What is at stake? Let's not put the political interests of nine school boy members ahead of hundreds, a hundred thousands of futures of our children. Our children deserve a better education system that prepares them to thrive housed in facilities that meet their needs, supported by leadership that puts their outcomes first. We cannot afford to continue to prioritize political comfort over educational performance and financial responsibility. Thank you.

2:28:05Speaker 5

Thank you, Mr. Moss. Our next card is from Vance Fitch. Fitch.

2:28:17Speaker 28

All right, they must have left. Okay.

2:28:19Speaker 5

Commissioner, thank you for letting me do that. I will go back to the queue now. Commissioner Thornton.

2:28:25 – 2:31:38Speaker 22

Thank you, Chair. Just in case I'm not seeing someone in the audience, is there anyone here from MSCS to receive questions? All right, and I'm assuming, Director Tipton, you wouldn't be the best person for this because, okay. So, you know, with that, I just have the obvious question. Why is this coming to us so late in the budget cycle? I don't know, Mr. Budget Chair, if that's something that you can address. But it's something that I've had a number of constituents ask, and I don't know the exact answer. I would also just like to say I don't think that it is a good look for someone from MSCS not to be here during this moment. You know, we're talking about a $1.7 billion budget, that there are lots of questions, and constituents deserve to have answers in real time. So I'll just ask my questions. I'll follow up with email. with the chairwoman and the superintendent, but I see that there's an increase of 104 million in this budget. I think it's 119 million worth of increases that I would like to know where to find the line item descriptions of the justifications for the increases. I also have just had this ongoing question about state of the art and just how we're approaching that for MSCS students. So we know we have the new Fraser School, which is going to bring state of the art at the forefront of the school system. What is the message to the students in South Memphis, in Orange Mound, in Oak Haven, to when they will have access to state of the art? I've asked that for a number of years now and have not been able to get an honest answer. And I do think that it's a disservice to our families, to our students, to know that their peers who are there, they're going to apply competitively their senior year with students from Arlington and Collierville and the new Fraser schools, but they will not have had the same access to the same amenities and facilities. And so I do think that that is going to impact student outcomes. I think it continues. to impact student outcomes, even just the overall experience of our teachers and our admin. So I just want the leaders at MSCS to take it seriously, to cast the vision for when we all will have access to the new standard within our system. And it's a shame that I haven't been able to get that answer. I'm always curious about the facilities. I know that this year we added $10 million towards the deferred maintenance so i will be curious with that additional 10 million what are the priorities for where those funds will be expended and i just in closing just want to just lift up a complaint that came across my desk as it relates to woodstock k-8 there is um concern for the overwhelming amount of substitutes that have started off the school year as well as some facilities issues so to i don't know which of the commissioners is um districts this falls into, but there are some issues with Woodstock K-8 that I do and would love for the corresponding leaders to look into. Thank you.

2:31:39Speaker 5

Thank you, Commissioner Thornton. Commissioner Whaley.

2:31:42 – 2:33:39Speaker 27

Thank you, Vice Chairman. I will, just to Commissioner Thornton's question, we did spend some time on this in committee. I specifically asked CFO for the school district to provide a timeline as to why this happened, and what was really discovered was that their original budget was approved at the end of May. The next day, it was sent to county finance along with our chief administrator, but it was not sent to any commissioners. And so it wasn't until much later that it was, I guess, ready to be brought before us. And so one of the things that we did discuss was making sure we changed the process for the future, such that there's some redundancy in how the budget is submitted so it can be prepared concurrently with the county budget, which is how it should have happened. So that was acknowledged and something that should be corrected. The other question that we had, and CFO Tipton, if you can kind of help us, because I'm not sure we got the answer to this, that I asked Director Langston about the... basically an aging report of the CIP dollars because what they've submitted to us is is a project allocation of the CIP dollars that carry forward several years now this goes to I think the question Commission Mills had but we really need to see and I think we can we can probably prepare it internally or we can I work with the schools to align on it, is have an aging summary by year so that we can really see how much is being carried forward by year. And I don't know that that's in this item, but that's something that helps answer, I think, a lot of the questions to figure out, like, Hey, how long has this invoice been out here? Some of these are really long time and it starts to compound. So do we have, are you able to give us the basically the aging report of these dollars dating back to FY24 through last year?

2:33:42 – 2:34:21Speaker 19

Yes. Audrey Tipton, director of administration and finance. And that is a schedule that we used to include in our quarterly report. But unfortunately, when we did transition over into Oracle, we hate to say it. have not been able to produce that report yet, but we are in the process. We've been tracking all the dollars, but we have not been able to update that report to where we can present it, but we will have it in the quarterly report that we're going to present, and it will tell us for certain if the $24 have not been paid out to the municipals yet.

2:34:21 – 2:34:50Speaker 27

Yeah, okay, I mean, I think that would be helpful, and even if it's just applying pressure to, I mean, this is like history repeating itself, because when a lot of us first came in, this was a challenge we inherited, that there were a lot of older dollars that had not been, which led to the 85% revision to the policy, right, because it used to be you had to spend the whole thing, or you got nothing. So it did improve it, but you still have this issue of 15% over five years, you know, that can compound, so that's good to hear.

2:34:50Speaker 19

No, that's a good request, and we would definitely get that prepared for you. All right.

2:34:55Speaker 5

Thank you, Commissioner Whaley. Commissioner Sugarman.

2:34:58Speaker 7

Thank you, Vice Chair. And so, for the record, I am a classroom teacher, so I'll be recusing myself, but I will not be voting on this item. Thank you.

2:35:08Speaker 5

Thank you, Commissioner Sugarman. Commissioner Thornton.

2:35:10 – 2:36:49Speaker 22

Thank you, Chair. Just two additional points. I'm really hopeful that someone from MSCS is tuned in right now. If we could get the reporting or data associated with how many substitute teachers we are utilizing here at the beginning of the school year, I know I've seen a lot of recruitment efforts from MSCS, and I'm just curious how big of an issue that continues to be. In the past, there have been over 3,000 students students who have been identified as being homeless. And so I would just be curious how much of the funding is going towards assisting those families. And then it's also been said in headlines that whatever happens with the oversight board, if it is allowed to move forward, that the dollars to pay for those particular board members will come from the MSCS budget. So I'm just curious how that particular fiscal budget uh, responsibility would shift any other priorities. So it would be just great for us just to hear what the plan is so that we can communicate it to our constituents. And, um, again, during the budget sequel cycle, I would love to see the commission and the school board have more collaborative meetings so that we can really align where our investments are to where MSCS investments are. I haven't seen it really, um, be just transformative and moving the needle. So I still think we're two independent pools, billion dollar pools of funds working to serve Shelby County. And I do believe that there's opportunity for us to really streamline this thing and make it work for the good of our citizens. Thank you.

2:36:50Speaker 9

Commissioner clay bibs.

2:36:51 – 2:37:33Speaker 18

Thank you, madam chair. So I was looking through our documents and, uh, I'm saying this on record cause I'm pretty sure. Someone from Memphis Shelby County Schools is listening. We used to receive For CIP the where the dollars are allocated in what? Districts along with what schools that they should be placed in I would love to get that document again for this particular budget So I'm putting it on record. Hopefully someone is listening and if not chief Tipton, can you I as well push that they include that as sending that out to us via email because that would have been a great document to include as a part of this package that we just received. Thank you, Madam Chair.

2:37:33Speaker 9

Thank you. Commissioner Wright.

2:37:36 – 2:38:19Speaker 26

Thank you, Madam Chair. I had a question for the county attorney if I could because I'm still curious about we're in the new fiscal year. how the schools are also operating on the July 1 fiscal year what budget are they currently operating off of Megan Smith County Attorney's Office I would defer to the schools to answer that question I do not know all right Perhaps you can ask, answer this question. What happens if the board of commissioners does not approve the district's budget?

2:38:23Speaker 20

Megan Smith County attorney's office. It would go back to the board, um, the school board to either amend their budget or prepare some other proposal.

2:38:34Speaker 26

If the Board of Commissioners fails to ever adopt the school budget, then what happens under the law?

2:38:46Speaker 20

Megan Smith, County Attorney's Office. I'd have to look at what exactly the law says if we never do. Right now, I don't know the answer to that question and would not guess.

2:38:58 – 2:40:03Speaker 26

Okay, thank you for at least attempting to address those questions. I know I did not prepare you to answer those, but it's very curious to me where things stand. We don't have a single member of Memphis Shelby County Schools here to address questions on their $1.8 billion budget. Madam Chair, I would just say we had full participation when this body was discussing syncing up election dates. And they were here for every meeting and wanted to yell at members of the audience. But for not one school board member to be here present for the budget is really a shame. It's a bad look. And I just simply can't support it, especially if there's no one here to advocate it, not one person. Uh, I'm just baffled. Thank you, madam chair.

2:40:04Speaker 9

I sure Bradford.

2:40:06Speaker 5

I'll be recusing on this item as my company has a contract with Shelby County schools.

2:40:11 – 2:42:01Speaker 11

Okay. Commissioner Brooks. Thank you, madam chair. I hadn't planned to jump into this, but, um, I feel like I need to at this point. It's veered away from being strictly business and veering up to the line of being personal. Let me just say this, we have a constitutional responsibility to fund education. I'm not going to say that the school board, because I don't know, received an invite or a memo requesting their presence. I'm not sure that we are setting a precedent today or if this has occurred before. I'm not going to condemn anyone on the school board, an equally elected official, because they are not present today. And I think it's not a good look and it doesn't send a good message for us to do that, particularly during this time. We need to work cooperatively and collaboratively. Now, if we need to have another meeting, then let's do that. Let's have an executive session with the school board and with the elected school board and the county commission. But let's not sit here and browbeat the Shelby County School Board, Memphis and Shelby County School Board, because they're not here today. It's enough of that on social media already, and quite frankly, I'm tired of it. So we're not gonna do that at the expense of public, and allow public taxpayer dollars to subsidize that browbeating, no.

2:42:03Speaker 9

Commissioner Caswell?

2:42:04 – 2:43:38Speaker 25

Thank you, Madam Chair. I appreciate my colleague, Commissioner Brooks, comments on that. Because I know my commissioner sat outside, Commissioner Love, for 30 minutes. And I was showed by the assistant that the email was sent to the gate to allow her in. And she sat out there for 30 minutes. It was sitting at 1230. And they wouldn't allow her into the gate, into park, and today for this, coming up to speak on this item as well. So I know she was out there. I'm sorry I missed her, missed it because we was already in the meeting that she was sitting outside trying to get in. To that point, I know that it was already discussed a lot in committee about where we stood to this date. One being that the school board had to wait because of an amendment twice, I mean, that took in our budget where it was discussed that $11 million or what have you, 10 million in ACIP was gonna go towards a trip with a school. We were back and forth about what was gonna happen with that, and something went different there. and so now they had to wait to june the 30th till our budget was approved to know even where we stood as a body and then they had to go back and to deliberate on that to get to this point so i understand why we're here in part uh but i wanted to make sure on record that my commissioner commissioner love district three was outside attempting to get in uh to this meeting before uh it happened so uh in that i support this item

2:43:41Speaker 9

Madam Clerk, please prepare the screen for a vote.

2:43:42 – 2:43:54Speaker 22

Chair, just a point of information, because Treadwell was mentioned, is it correct that the $10 million earmarked for Treadwell initially was reallocated to the deferred maintenance?

2:43:55 – 2:44:08Speaker 9

I think we did discuss that, and that was an amendment we made when we passed the budget that we stated on the record for the CIP plan that it was to go to deferred maintenance.

2:44:08Speaker 22

Okay, awesome. Thank you.

2:44:11 – 2:44:30Speaker 9

That would have been prior to the budget. That would have been one of the subsequent meetings in June. Please prepare the screen for a vote. Madam Clerk, please report the vote.

2:44:58 – 2:45:17Speaker 21

We have aye votes from Commissioners Whaley, Clay Bibbs, Caswell, Shalai, Brooks, Lowry, and Chairwoman Avent. Commissioners Mills, Wright, Thornton, and Morrison have voted no. Commissioners Sugarman and Bradford have recused, have seven ayes, four noes, and two recused.

2:45:18Speaker 9

All right. That motion passes. Parliamentarian, please read item 26.

2:45:25 – 2:46:00Speaker 16

Item 26 comes from the Law Enforcement Corrections and Courts Committee, which is chaired by Commissioner Wright. Item 26 is a resolution from the Shelby County Board of Commissioners allocating funding for and requesting the issuance of a study on the Justice Center Ad Hoc Committee findings. This item requires the allocation of contingency fund in an amount not to exceed $350,000, sponsored by Vice Chair David C. Bradford Jr. and Commissioner McHale-Lowry. This item does not meet requirements of the permanent rules and was sent down without recommendation in August 5th, 2026 committee meeting.

2:46:00Speaker 9

I have a motion by Vice Chair Bradford, a second by Commissioner Whaley. Commissioner Wright, could I have a committee report?

2:46:08Speaker 26

Yes, Madam Chair. This comes down without recommendation.

2:46:11 – 2:46:27Speaker 9

Okay, because it does not meet permanent rules, can I get a motion to suspend the rules? I have a motion by Vice Chair Bradford. Is there a second? A second by Commissioner Whaley. Can we do that without objection? This item is before us. Vice Chair Bradford?

2:46:29 – 2:47:36Speaker 5

Yes, thank you. I apologize for not being here on committee to present this. The first item here, it says items does not meet requirements of permanent rules. This is because of the funding sources coming from the contingency fund. That did not meet with finances approval, and so that's why that red lettering is on this. um commissioners if you remember a few months ago i had a similar uh resolution brought in front of us the mayor ended up vetoing that this is again about the jail we have seen countless reports about all the concerns going on there and so this item has really been cut back just to a request for the mayor to do something i realize there's only two weeks left in office and It would take two weeks of just emails and that kind of stuff or anything to act on this. But I didn't want to leave office without putting something before us to get a study moving forward on this. Obviously, this is going to fall to the next administration to really get anything done on. But again, I didn't want to leave office without at least putting something in for us to get this ball rolling on this study. So that's what this is here in front of us today. Thank you.

2:47:36Speaker 9

Thank you. Commissioner Brooks.

2:47:41 – 2:49:24Speaker 11

Just needed some clarification on exactly what this is going to do, because I do recall that TASO, I believe the advisory, state advisory council committee. CTAS. CTAS, okay, thanks, did a study And it was hundreds of thousands of dollars, and they made three or four recommendations, site recommendations. So I'm trying to figure out, number one, how is this different from that? And I need to also ask Ms. Tipton why she did not, why she passed on this, coming from the contingency fund. And while she's coming down, I can also say, I'd like to say, rather, that I think this whole issue probably should wait for the next commission because it's not a one-step kind of thing. It's going to take a re-education process or an education process, and a bunch of people are moving away or leaving, and you have a a whole new group, nine people coming on. So I just don't think that we need to jump out here and try and set some kind of process in place without the input, the education and the input of the new commissioners coming on board and the new administration. So having said that, Director Tipton, why did you read like this?

2:49:24 – 2:49:52Speaker 19

Thank you. Audrey Tipton, director of administration and finance. Uh, as you all know, currently we are below our fund balance, uh, funding policy. So I have not approved anything that is requiring that we use fund balance and this item came before me without a funding source. So that was the only alternative was to use fund balance. So that was the sold and 100% reason why it was not approved.

2:49:53 – 2:50:05Speaker 11

Okay, so let me just, okay, I got a few seconds, but now it has a funded source. Okay, so you will approve it now, coming from the contingency, is that correct?

2:50:06 – 2:50:18Speaker 19

Audrey Tipton, Director of Administration and Finance, if that's the funding source contingency from the commission, then that's where it will, you know, that will be up to your vote.

2:50:19Speaker 11

No, I'm saying that it has to be approved before we vote on it.

2:50:22Speaker 19

Oh, I will approve it.

2:50:24Speaker 11

I mean, we can suspend the rules, yes, but I'm talking process now. Ma'am?

2:50:28Speaker 19

Yes, ma'am. Okay. Audrey Tipton, Director of Administration and Finance. If the funding source is the commission contingency account, it is approved.

2:50:37Speaker 11

Okay, well, I'm out of time right now. I'll get back in the queue.

2:50:43Speaker 22

Commissioner Thornton. Thank you, Chair. Just for clarity, how much is in the commission contingency account?

2:50:52Speaker 19

Audrey Tipton, Director of Administration and Finance. Currently, I don't know. The CAO should know that. So if your CAO is present.

2:51:02 – 2:52:55Speaker 22

Can we get a staff person to try and find Administrator Perry? Because I would be curious to know how much is in that account and historically. How much have we rolled over year to year? I would just say I do believe that this body needs to take action on this item. There's a lot of institutional memory that has been keeping up with the ebbs and flows surrounding our need to figure out where there's viability to either I think keeping the facility where it is was one of the options. A relocation was definitely a discussion item. I wouldn't want to put this on the lap of eight incoming commissioners, thankfully some of them serving before, but I believe the majority of them are new to serving on this particular body. We have constituents that come down all the time telling us the firsthand testimonies of persons that are in our 201 facility, and they're just very distressing. We see from the tours, we see the headlines. This is a pressing issue. And I think that to the public that is wondering who's going to step up to be able to take leadership in this item, we need to advance what already I honestly thought was in the works. So I'm a little disappointed to hear that the mayor vetoed this previous item. And I would like to see the support of the commission to support this item so that we can make a move. Nothing could be a greater gift for the incoming commission than actual information that they can act on. We're telling the commission that once they sit down, they're going to have to initiate the process of study. And I just think that that's just going to be a waste of time. So again, I implore this body to take action today on this item. Thank you.

2:52:56Speaker 9

Commissioner Caswell.

2:52:58 – 2:53:35Speaker 25

Thank you, Madam Chair, and again, I would like to support this, but where I would have, and I apologize to you, sponsor, because I meant to get with Chief Buckner, Sheriff-elect, to be here today because I heard, again, what my colleague, Commissioner Brooks, spoke about the CTAS report had already been done. If this was about location... and what we're going to discuss there. If something different, then I mean, I'm okay with that. But then I think if we're just talking about a study about the gel that CTAS has already done,

2:53:36 – 2:54:26Speaker 5

then that's what it took us out to the sponsor to the chair if you want to make a comment about yes if you could uh... commissioners so this study excuse me this are a few is the results of our ad hoc committee and so the seat as report recommended the next step as we hire a consultant to come in to look to see what is needed at the existing facility and put the cost would be to relocate the facility to another spot so the result of this are a few would provide the next administration that Very important information to also provide a construction cost of what this overall project would cost. Right now, obviously, we don't have a funding source. We also don't have really a good understanding of what this would be. So it will give us two options. One, what does renovation cost? Two, what does relocation look like and where are some locations that this could be placed and what's the value of that?

2:54:26 – 2:55:25Speaker 25

Yeah, and I appreciate that, and I appreciate the fact of not passing it on down to the next commission, having to do it, but yet, I'd say we're a couple of weeks out, and we're going to have eight new people here, and they may have a whole new idea about how we move forward on this issue, and not knowing some of the things that already have taken place, this could be turned into a whole different conversation. so that that's just my hesitant there uh in the fact that uh from what i understood the other day i know our cao if he made it out here about where we are it was i was understanding that it was only five hundred thousand dollars in the contingency so what basically we're saying to the new body as it come in commissioner uh that You all have to go with the 150,000 that's left and make whatever decisions going forward. One last question to the sponsor through the chair is where do we get the 350,000 amount from?

2:55:27 – 2:55:51Speaker 5

A number of consultants have already reached out and are very interested in this. And so based on their input and what I know from doing this in a past life and working with these consultants, that's where we arrived at that dollar number. This is an RFQ, so this is qualifications. Once we get the qualifications and the next group selects them, then they would negotiate the final fee. So it may not actually be this final fee. That's just the way the process works. Okay.

2:55:51 – 2:56:03Speaker 25

Thank you. And just one last question to the sponsor through the chair. I know that it's been a number tossed around a billion dollars, right, for the new jail. Where did we get that? Did that come out in your committee, and where did that number come from?

2:56:04 – 2:56:16Speaker 5

I'm not sure the media said that I think our current sheriff has mentioned that. Um, but I have not seen any official documents from anybody that does this for a living. That's put that dollar value on it.

2:56:17 – 2:57:43Speaker 18

Thank you, madam chair. Um, so a couple of things I wanted to say is if I recall correctly from, I did just have the conversation with our budget chair. I remember as voting on contingency fund and it was about $500,000. So if we take the 350 out of the 500, I think Commissioner Castle just said it, we'll be left with 150 for the rest of the year with a brand new body coming in. So that is my hesitance and hesitation rather around where it's coming from. Then the hopeful aspect of it to me is, if it does not pass today, is that in 21 days, exactly 21 days, you will have a brand new commission. You also have a brand new mayor that's sworn in. And I think we can get there when you have everyone on the same page, as well as a brand new sheriff. Because I've heard a few things out in the atmosphere while people were campaigning around, I will say, from... just who those who wanted to become sheriff of course the jail was a huge topic so I've heard a lot of things and I would much rather for the incoming sheriff the incoming Shelby County Commission body and the incoming mayor to kind of be on the same page around what it looks like for us to be moving forward so I just want to acknowledge this just 21 days from now Thank You madam chair mr. Brooks thank you real quick I agree with that

2:57:45 – 2:58:19Speaker 11

But my biggest hesitation is, well, I have a couple questions to the sponsor through the chair. Am I acknowledged? Yes, ma'am. All right. Mr. Sponsor, did the Ad Hoc Committee issue a formal solicitation for this study? No. So how, okay, so the 350... came from just your relationships? I mean, how did we get to 350?

2:58:24 – 2:58:35Speaker 5

Outside of the commission, I'm a professional engineer that worked in the consulting industry for 20 plus years, and so leaning on that information, that's where I started that number.

2:58:36 – 2:59:38Speaker 11

Okay, so we got that out of the way. My biggest hesitation has to do with the fact that we do have a huge group of people that are coming in, newly elected commissioners, and we need to be cognizant of the fact that whatever we do, one commission does is not binding on another commission. So let's not expend all of this energy, and then they come in and decide, well, I want to do a tour. I want to go through an educational process. It's a lot more I need to learn. Information is going to be needed in this process. So I would say that we need to just pull up, pump the brakes on this, and let's respect the new people that are coming in and let them get engaged in this process. Thank you.

2:59:41Speaker 27

All right. Thank you, Mr. Brooks. Commissioner Thornton.

2:59:43 – 3:00:05Speaker 22

Thank you, Chair. Through the chair to the sponsor. Can you just clarify the RFQ process? Does it ever touch on some of the burning questions that people have about broadening the scope of our justice center to be more of a rehabilitation center? Does that come in at this point or is that something that follows after the RFQ process?

3:00:07 – 3:00:21Speaker 5

Yes, that was one of the recommendations that the ad hoc committee turned over to the mayor and his administration for building this was to kind of study what we have and also study what do we actually need. That also includes numbers of beds. That includes mental health aspects, all of it.

3:00:22 – 3:02:03Speaker 22

Nice. Thank you for that clarity. I would just say it seems like this is going to fall into the lap of the new commission. I do think that this body, which is most of the commissioners, I believe, have toured the facility. They're familiar with the issue. We've sat in executive sessions. We are well caught up to speed on the decisions that need to be made. I would have hoped for us to act on that to set up the next commission to continue to move forward. But it seems like there's going to be a little bit more time that our detainees are going to have to suffer within 20121 days to folks who have already spent. some years into a one in its current condition is just too much. I remind everyone that we're losing staff that do not want to work in this particular facility. It's increasing the safety concerns for all persons involved. And this is a urgent and pressing matter. Today, we need to make a decision. And I would just say, I know that there are a number of watchers and researchers out there. Please pay attention to the disclosures for the oncoming commission. It has been an area of interest for me to probe to see if there's any special interests that have funded the newly elected commissioner. So we know that there's a special interest out there that has revealed itself over the course of this process. I really hope that the new commission will be fair and will entertain all options and not show any preference to any one location over another so that we can as a body and as a county weigh our best options and move forward. So, um, you know, Godspeed to the next commission. And my preference today will be for this body to act on this item. Thank you.

3:02:04Speaker 27

All right. Thank you. Commissioner Thornton, chairwoman Avian.

3:02:06 – 3:04:32Speaker 9

Yes. And vice chair, I just asked because there's a lot of questions coming to you. And so I wanted you to be available to answer if possible from that seat rather than the chairman seat. Um, I'm going to advocate to support this item today, and the reasons being the jail is not a new issue for us. Because of all the concerns of this commission, we asked and we put together with all the folks who are in contact with our criminal justice system to be a part of an ad hoc committee where they spent literally two and a half, three months giving input, giving data. Those things don't change with the new commission. That is still the same information that we will have before us and still the decision needing to be made. I will liken this to, I currently have a family member that's in regional one. He suffered a motorcycle accident. And we always talk about you don't want to have to have a Regional 1 until you need a Regional 1, right? But the waiting room for us, you know, just to even sit and support, there's one waiting room with one bathroom in the trauma unit. And we know that Regional 1 is one of those things that should have been addressed years ago. But the Commission continued to push that down the line. And so what I'm asking this body to do is not take another three to five months to push something else down the line that we know has to be addressed today, tomorrow, and this is not a project that will happen in a year's time. Hopefully it will happen within a generation's time because we have to find a funding source. But if we don't ever move towards getting the comprehensive needs addressed and met, which were recommendations from professionals within the field who gave their time and their expertise to bring forth a set of recommendations to our body and to our mayor. There is a funding source available. The contingency fund is just that. If there's not a funding source and we have an opportunity to fund something that is a need of the commission and body, that is what the contingency fund is for. And so I'm advocating for us to support this item.

3:04:34Speaker 27

All right, thank you, Chairwoman Avance. I'm going to toss it to myself.

3:04:38Speaker 9

Commissioner Whaley.

3:04:46 – 3:07:27Speaker 27

Um, yep, thank you, Madam Chair. So, you know, the way I look at that, and I understand kind of where everyone's coming from on it, and, you know, I would look at it solely as, like, is there a different next step than this in this whole process? And if there is, then, yeah, maybe we should hold on it and figure out what that is. But it seems to me that in, you know, clearly this is an item that I think we all would agree needs to be addressed in subcapacity, that this appears to me to be the next step. So whether we do it today or it happens months from now, or potentially months from now, probably the earlier is better. So I would agree with the idea there of we might as well We should get the ball rolling to at least get the data so that Mayor-elect Lowry, the new commission, can have that sooner to make any decision on how to proceed. Because it's still unclear what that decision is. I mean, it could be a renovation of the existing facility. It could be moving it across town. It could be building it downtown. I mean, there's lots of things that haven't been decided. because the data's not there yet, and the idea here is that we get that data. I think back to the last commission, to the last body, on their way out, and some of us were a part of that, we made the decision to commit to regional one. And a lot of the discussion then was, well, let's just wait until the new commission comes in, and then we'll decide. Well, we've already seen how long that process took, even though we took action at the end of the last commission. We are just now commencing construction four years later on that facility. So, you know, these early processes often, you know, take a long time. They take longer than we think. But I see this as, you know, certainly not thrilled about taking a massive, you know, really a big chunk of the existing contingency. But, you know, this is an item that would give us We'll give the next commission the data, the next mayor, the data on how to proceed. And it could be not to proceed. I don't know. We don't know that because we don't have that information. Otherwise, we'll just spin our wheels for years. So that's why I support it. I mean, I understand the hesitation some of my colleagues have around the funding source. Believe me, I do too. But this is clearly an item that we need to take or should take some action on. And I'm not sure waiting changes much if this is the next step. Now, if there's a compelling other next step, I would love to hear it. But it seems like this would be the way to go.

3:07:29 – 3:07:50Speaker 18

Commissioner Clay Bibbs. Thank you, Madam Chair. So I just want to say for the record, I very much know that this is a very sensitive and time-sensitive issue. My question, and first let me acknowledge the work of Mayor Larry and Vice Chair Bradford on this, because I know the ad hoc committee probably took about five, six months?

3:07:50Speaker 9

Three months.

3:07:51 – 3:08:34Speaker 18

Three months, three months. So if the RFP was to go out, and procurement isn't here, but Maybe chief Tipton can help with that. Um, how a, how long does it take for the RP to go out in the requirement for people to respond? Just that process. So we can also know about that time because, um, commissioner Whaley did make a valuable point when he talked about, we started talking about regional one was voted on. I think as that last commission was leaving out like their last meeting. And here we are at the end of this term. just now having the conversation literally last week about where it will be built.

3:08:35 – 3:08:58Speaker 9

Well, and I just want to clarify that this is a request for qualifications versus a request for proposals. Thank you. Okay. So I just want to make sure that we're clarifying for the record what this actually does. It is not setting up an RFP of how folks will be able to bid on anything. This is a request for qualifications. Okay, for the appropriate people to be able to conduct the study.

3:08:59Speaker 18

Thank you for that clarification.

3:09:02 – 3:09:29Speaker 19

Thank you. Audrey Tipton, Director of Administration and Finance. First, I just wanted to say we did get the budget number for the contingency fund. It's currently $532,466. And that would, to answer Commissioner Clay Bibbs, I don't know exactly how long it would take. I don't have Administrator Gloucester here with me, but I know they would have to prepare that. So possibly...

3:09:31 – 3:10:00Speaker 18

couple of weeks I don't want to say exactly I don't know I think just if I'm recalling correctly having worked with him in the past just in general it takes in how he's answered in the past anywhere from three to five weeks to prepare it then it goes out so then we're at that point we are talking about anywhere from two to three months just to get responses back in so that is helpful around the timeline Thank you, Madam Chair.

3:10:00Speaker 9

Commissioner Caswell.

3:10:02 – 3:12:08Speaker 25

Thank you, Madam Chair. And to the listening public, that whether something done today, 21 days or two months, it's not going to change what's happening in the jail. One particular situation we got to be clear on when we talk about, again, what we're passing over to the next commission. Yes, something needs to be done about the jail, but something needs to be done about the billion-dollar deferred maintenance with the schools as well and many other issues that we have in our county. But the thing is that we asked the state to give us the capacity Do a resolution to allow citizens of this county to vote on a penny sales tax to raise money to be able to jail the state. Deny that capacity to do that. And maybe if we had Commissioner Mills up there, it would have got passed. But it didn't go through. And with that being said, we then have to decide when we're talking about right now how to get back on track from $125 million budget cash flow issue we have to start talking about how we're going to build a jail or what's the next step for the jail. So I think it's okay if we want to send the narrative that we're going to do something by doing this message, and I wish we can and we will do something But to send a false narrative that if nothing is done today, that people are going to continue to suffer in the capacity that they are in their jail, they're going to continue to right now because there is no real cash flow to address that issue that's going on in the jail. So I just want to make that clear on the record. And so that's where I still stand. I'm supportive that something needs to be done. I know we have Commissioner-elect Lowry there, and I know that he has spoken on this issue as well. He's serving on this body almost. I want to hear from him, but to where you stand, Commissioner-elect, I mean Mayor-elect Lowry on this issue, through the church.

3:12:09 – 3:12:30Speaker 9

And I really don't want to put Mayor-elect on the, you know, if he... gets into the queue and decides. I think we just keep some of the things, the main thing, as commissioners. I think any of us could go to his stump speech to hear how he feels about these things, but unless he gets into the queue, I wanna respectfully.

3:12:31 – 3:12:59Speaker 25

Commissioner. I respect that, Chairwoman. But it's still just a hard case for me right now. Not that nothing needs to be done. I agree. I said it a hundred times. Something needs to be done about the jail. I think that when we talk about it, as I've been asking questions of the finances, there's other opportunities and ways, I believe, from financing that this could be done as well. But with that being said, we'll see where the votes lie. Thank you.

3:13:00Speaker 9

Vice Chair Bradford?

3:13:02 – 3:14:34Speaker 5

uh... a few things came up that was picked up so uh... mister costar actually was on the ad hoc and so he had kind of got us calendars about right about sixty days is what's gonna take in order to get some back from his body uh... the study itself is probably take twelve months uh... and so i was we're talking about slanted two weeks and when we're looking at that duration two weeks doesn't really make that big of a difference either. Tonight's vote to me is honestly a little bit more ceremonious. We know the current relationship between our mayor and our sheriff. He's not going to lift a finger to help. This tonight is just strictly a request, so... we could all pass this and nothing may happen certainly understand that uh... i just wanted to put something in front of him one more time uh... where we are actually we i say the commission is using you know contingency fund from the commission saying that this is important to us and that we need to move forward uh... this overall process and we talked about this previously uh... construction of new facilities probably a three to four year project uh... that's not including probably europe design time so you're talking something to be four to five years from the time We get this study back. If we push this into the first month of Mayor-elect Lowry's term, that's certainly understandable, but just understand that the results of this probably aren't going to be back in time for even next budget season. So we keep kicking this can down the road. We keep coming up with reasons not to support it. I certainly understand that. I just would hope we'd have some support tonight to put it back on the mayor to actually take some action on this before he goes out of office. Thank you.

3:14:36 – 3:17:51Speaker 11

Commissioner Brooks? Thank you. First of all, let me just reject the statement of kicking the can down the road. I'm not kicking anything down the road. That's not my intent. I want to be respectful of the commission that's coming in. I want to be mindful that anything that we do here today, whether it's just spinning our wheels with some nebulous attitude quote, I mean, it doesn't have to be accepted by the incoming group. And then if you want to pursue this, then let's pursue it the right way. We need a formal solicitation. We need something in writing. And as my friend, my seed mate sitting over here always asks, I want to know what the experts say. So let's get it in writing. If we want to have some numbers, let's get some numbers before us But again, we need to do it the right way. And let me correct something on regional one, because as you all know, we have a task, the Black Caucus has a task force, economic inclusion task force. We passed that resolution, we, the county commission body, in 23, for 350 million. Now, we drug along. And I don't know why the process drug out the way it was, but it was in 2023 when we gave them $350 million. They could have hit the road right then and start doing things. But it was a lot. They had to acquire property, and I'm not trying to make excuses. They can do their own. But I said that to say we're not kicking the can down the road. We know we've got two weeks. I guess it's two weeks. A new body is coming in. And, you know, I'm older than everybody, so the way we did it is always being respectful and understanding that if your time is almost up, don't try and do something, cram something, if you will, that's a big project and push it on to the next body when you know they need to have some kind of engagement with this. We have juvenile court. The shells, I mean, the jail is not the only game in town. And they're not competing. But again, that's a conversation we need to have or allow the new body to have with us. So I know everybody want to have a hit going out the door, you know. But don't make this kind of statement. don't send this kind of message to the new people that you don't respect them enough to allow them to have input on this decision. They need to decide. They may want to make a bold statement and say, let's do something different. Give them that opportunity before we start spending money when we know they're coming in in two weeks. So, I mean, let's make it make sense.

3:17:51 – 3:18:13Speaker 22

Commissioner Thornton? Um, just two points chairwoman, um, one, we already passed this item. So the wheel of the commission has already been put out there. It was vetoed. So I'm just saying we've shown an act of interest to move forward. I would love to see us pick up where we left off. And then just to, I would like to be added as a sponsor motion by commissioner Thornton.

3:18:13Speaker 9

So your second second by vice chair Bradford, uh, commissioner mills.

3:18:18 – 3:19:36Speaker 6

Thank you. Um, I think the jail is certainly a priority for the county to address, and I put in the miles to Commissioner Caswell's point about finding a funding source for what we need to address there. My question to this request to the mayor is, Is this what the sheriff, outgoing incoming sheriff, Director Norville, is this the next best step? Has this already been done? Are they sitting on anything that could be used in lieu of this? I know Jim Hart had mentioned about the things that were addressed in here, and then my next question is it says the study could be $350,000 to $500,000. What does that look like if it's over the $350,000 for the next commission who will have to deal with it? And I will add, after hearing the current mayor's talk about the sheriff on his interview Friday, I don't. I know that this will be headed in a positive direction, honestly. But the question to the sponsor on the first two questions.

3:19:37 – 3:19:53Speaker 5

I'm not aware of anything else. Director Norville was part of the ad hoc, and so he didn't present any other findings at that. And I believe we did have a gentleman from the sheriff's office as well. I don't think it was Buckner, but I think someone else was there, and no one mentioned any other existing reports or anything or had anything to share.

3:19:54 – 3:20:27Speaker 6

I just remember having a conversation with the sheriff and saying, I don't want to speak to it, but I'm not sure he was 100% on board with this being the next step. But that's, I would have to ask him, and there was nobody here Wednesday to ask to kind of see where we were on this to kind of do the homework moving forward. But this is going out for an RFQ, so then it'll come back before the commission and the next group can kill it if they decide this isn't the next best step. So we're just setting them up to either or moving forward is the way I see it.

3:20:28 – 3:21:28Speaker 9

And let me just address, so I think the CTAS report, Commissioner Mills, to my knowledge, was really about the maintenance of the jail itself. So that was really why we put the ad hoc, because at one, we had a location that came up as part of conversation. And so this ad hoc really was comprised to address all of the different issues that had come up as a part of this body. And just for clarification, we just made a motion for the mayor to act on funding for juvenile court. So I don't think that this is far, a far cry from what we have as a body made a vote to do. So, um, I'm going to ask for us to prepare that you can, your vote is an eye to move forward with the request for car qualifications. Your no is a vote against that. I'd also like to make a motion to be added as a sponsor. I have a second by vice, uh, vice chair. I think I heard Ms. Thornton before commissioner Thornton. Can we do that without, um, objection?

3:21:32 – 3:22:02Speaker 11

Yes, I just want to be clear in terms of the three hundred and fifty thousand dollars. We're including that So we don't have that in front of us. We do not have If you will document or a formal solicitation or formal quote from any experts so we're just voting out here without that information

3:22:03 – 3:22:27Speaker 9

that correct because i don't have it maybe someone else answer commissioner brooks again the folks that were comprised of the ad hoc committee brought their expertise to that those recommendations were made um please we'll make sure to distribute the results of the ad hoc committee again to this body for their review and let me just say i didn't read that i read that but i'm seeing

3:22:28 – 3:22:40Speaker 11

We have a vote in front of us right now. I do not have the information that I need, a form of solicitation to align with this caption in front of me. That's all I'm saying.

3:22:40 – 3:23:16Speaker 9

Okay. And I think your vote will tell us whether you support it or not. Please repair the screen for a vote. Madam Clerk, please report. Yes. Madam Clerk, please report the vote.

3:23:41 – 3:23:57Speaker 21

We have aye votes from Commissioners Whaley, Clay Bibbs, Sugarman, Mills, Shalai, Wrights, Thornton, Morrison, Lowry, and Bradford. Commissioner Brooks has voted no. Commissioner Caswell has abstained. We have ten ayes, one no, and one abstain.

3:23:57Speaker 9

That motion passes. That motion passes. Parliamentarian, please read item 27.

3:24:06 – 3:24:49Speaker 16

Item 27 comes from the Community Services Committee with... Chairwoman Avant as Acting Chair. Item 27 is a resolution approving contracts of varying amounts between the Aging Commission of the Mid-South and 18 separate service providers for the purpose of providing nutritional and supportive services to eligible seniors and individuals living with disabilities in the service areas of Fayette, Lauderdale, Shelby, and Tipton counties. effective upon execution through June 30, 2027, with the option to renew for two additional one-year periods for the total contracts amount not to exceed $7,805,729. This item requires expenditure, FY 2027 federal and state grant funds in the amount not to exceed $7,805,729. Sponsored by Commissioner Charlie A. Caswell, Jr., this item was sent down without recommendation in August 5, 2026 committee meeting.

3:25:00Speaker 9

I have a motion by Commissioner Whaley, a second by Commissioner Thornton. This did come down without recommendation. Ms. Whitehead-Thompson?

3:25:11 – 3:25:36Speaker 12

okay so uh good afternoon or close to evening uh cherry whitehead thompson interim director for the division community services so this item is as stated for 18 service providers for the aging commission of the mid-south to provide those services that were previously mentioned for our seniors and those who are living with disabilities and so basically we are just asking that this is approved so that we can provide those services to the community

3:25:40Speaker 9

Seeing no commissioners in queue, please repair the screen for a vote.

3:26:12 – 3:26:38Speaker 21

i'm clear please report the vote we have eyeballs from commissioners caswell show them in meals to line point in morrison brooks larry reference your woman a bit we have tonight that motion passes i'm twenty four

3:26:41 – 3:27:09Speaker 16

So item 24 comes from the Budget and Finance Committee, which is chaired by Commissioner Whaley. Item 24 is a resolution to appropriate funds in the total amount of $22,950 from the fiscal year FY 2027 commission contingency funds to support security, cameras, maintenance, and District 9, sponsored by Commissioner Matthew T. Shillai. The signing was sent down without recommendation August 5th, 2026 committee meeting. It was moved by Vice Chair Bradford

3:27:09 – 3:28:28Speaker 9

and seconded by commissioner thornton and moved to the heel of the agenda all right uh again just to repeat for the record that motion was made by vice chair bradford and commissioner thornton commissioner shall i you are recognized i think just out of consideration for the upcoming body i am going to withdraw this item to seek a different funding source All right, we have withdrawal by commissioner July as a sponsor. There's not a second needed. We can do that with, uh, um, so move, do that with that objection. And so moved. All right. Parliamentary please read to, uh, move to item 28. Okay, we have one comment card. Commissioner Billingsley, you could state your name and zip code for the record.

3:28:29 – 3:30:11Speaker 2

Thank you, Madam Chairman. Mark Billingsley, Germantown 38139. Newly elected commissioners are going to be in a CTAS public service meeting for training on your last meeting on August the 24th that's required. So I wanted to personally thank those commissioners who are leaving this body. You have done a tremendous job, each one of you. I've learned a lot from you during my four years away from the commission. I do want you to know that my absence at your last meeting is only because me and myself and the other new commissioners will be in Nashville learning new things. I really want to thank each one of you who've given your gifts of service in so many different ways. Each one of you has brought different expertise representing your commissions, and I just thought it would be wonderful. inappropriate not to say thank you. You've been very, very kind to me as someone who raises money for mental health in this community. You've been very, very generous with mental health. You've been very passionate about it. And we've been able to make some changes in the community thanks to each one of you, especially those that are not returning. For those of you that are returning, I'm looking forward to working with you. I'm sure the other commissioners feel the same way. And again, I just want to sincerely say very much a debt of gratitude. As you can see, I used to joke about this time when I used to be on the commission about this time of day, I'm surrounded by all my friends. And so, but you have done tremendous work. And I just say thank you to the chairwoman, the vice chairman and all the commissioners. Thank you.

3:30:13Speaker 9

Thank you, Commissioner. Looking forward to working with you. Commissioner Whaley.

3:30:17 – 3:31:13Speaker 27

Thank you, Madam Chair. Yeah, I just wanted to say congratulations to all the new commissioners and to you, Commissioner Billingsley. I mean, we had the privilege of serving together. I remember, you know, during that time, it was a wild time, you know, during COVID was in between it. I remember how we had those huge, like, partitions up here in the chambers. That was quite a time. And so I appreciated your leadership then and, you know, know you'll be great leader here and then over the next four years and then certainly most of all want to want to congratulate mayor like Lowry wherever he may be you know it's been a privilege to serve with him over the last eight years and I'm excited about the the future of Shelby County government and everyone's going to be a part of it very excited to see what's ahead so congratulations to all And I will be here enjoying my last meeting in two weeks. So thanks.

3:31:15Speaker 9

Thank you, Commissioner Wiley. Commissioner Caswell.

3:31:17 – 3:31:30Speaker 25

Thank you, and this is announcements. Thank you, Madam Chair, and look forward to serving with you, Commissioner Mark. Thank you, sir.

3:31:30Speaker 9

Commissioner-elect Mark.

3:31:32 – 3:33:48Speaker 25

I just want to say again, I want to thank this body. I know this ain't our last meeting, but as tomorrow we'll have our stakeholder meeting at Austin Peay Station on Austin Peay. The address is 3330 430 Austin P. Highway at Austin P. I want to say thank you to this body because you all put some trust in District 6 with the wraparound District 6 initiative. I say this, when I came to this body, and I'm going to knock on wood and pray, thank God, right now, I was told that, Charlie, you from Murder 8, because 38128 had so many murders, right? We had, it was crazy what was happening in our community. I remember one street, Spring Street, Spring Valley, that was grandmamas and parents were sending me were boys walking down the streets with AK, but we got cameras on there and all of that went. So this time last year, we were about 12 murders in Raleigh, 38128. But thank God today, because of all of those efforts, Pastor Leon and so many others I can call doing midnight basketball for the last three years, we have one murder. And so I want to just again commend the Memphis Police Department. It has been things like the efforts too of the Memphis Safe Task Force. I thank them. I said this on record and I said this, that many times my officers who was responding to people running out of stores are lost and they weren't able to be at the spring valleys and in some of these areas that was causing so much trauma and murder to our community. But they are there now, and even my business owners are telling me, we was thinking about leaving, but we're staying now, right? And so I'm thankful to all those efforts. Tomorrow we're going to share some of the update on that and how we continue to sustain that work going forward. So 1145 to 1 p.m., I'm asking for those in the community to come out to Austin Peace Station. She's going to be sharing some of the updates, some of those efforts that we've been doing and popping up in many of these neighborhoods and communities tomorrow. doing these pop-up fest have made an impact on our community so thank you all again for supporting that effort because we didn't do it alone it's because this body entrusted their work to us thank you thank you commissioner castle commissioner thornton

3:33:48 – 3:34:25Speaker 22

Thank you, Chair. I just want to give a shout out to the South Wall Neighborhood Association. They're one of the newest neighborhood associations in District 10. They successfully had three meetings. And just in line with Commissioner Caswell, thank you to the Airways Precinct and the outreach arm of MPD It was almost more officers than attendees at the last meeting. They really supported that meeting, and it was just a great showing. And I know it meant a lot to the leaders to be able to see law enforcement literally in the driveway of the community leader hosting the neighborhood meeting. So just shout out to Southwall. I'm excited to see where they go.

3:34:26 – 3:35:16Speaker 9

Thank you. Before we get to the last item, I just had one announcement to thank the Appling Station's police station for partnering with me to provide backpacks to Shelby Oaks School on Friday. It was great. The fourth graders, we had a whole class, five different class of fourth graders, and it was great to have their participation, but also that they were so interested in being even police officers. and talking to our police officers from that precinct about the good things and hoping and asking for them to come back to support. So shout out to the principal, Shelby Oaks, and to the Appling Station Police who came out to support our efforts on last Friday. I am going to move to item 28, parliamentarian.

3:35:17Speaker 16

Item 28 is the resolution of adjournment pursuant to Rule 10B of the Permanent Rules of Order, PRO, sponsored by Chairwoman Shante K. Avand.

3:35:26 – 3:35:48Speaker 9

A motion by Vice Chair Bradford, a second by Commissioner Caswell. Please prepare the screen for a vote. Please report the vote.

3:35:57 – 3:36:08Speaker 21

We have aye votes from Commissioners Whaley, Caswell, Mills, Shalai, Wright, Thornton, Morrison, Brooks, Lowry, Bradford, and Sherwin-Avon. We have 11 aye votes.

3:36:08Speaker 9

That motion passes. The meeting is adjourned. We are adjourned until August 24th at 3.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.