County Commission - Regular Meeting

Beryl Clark Middleton of Bethlehem Baptist Church to come and do the invocation.

Let me pray. Gracious God, our Father in heaven, we thank you for all your grace and mercy and your peace. We thank you for this great calendar which is called Shelby County. We know, God, that you call the stars by name. You have the hairs on our head numbered, and not one spiral falls to the ground like you're knowing about it. You are the only wise God. And so today, Lord God, we ask you for wisdom and knowledge and understanding on how to conduct the business of Selby County. I pray for each commissioner today that you will give them wisdom, Lord God, as only you can, and have them know that they're accountable to you for their decisions and their choices, that they'll stand before you one day and will hear these words, well done, thy good and faithful servant. We thank you now, and we invite your presence in this place today. In Jesus' name we pray, amen.

Amen. Thank you, Pastor, for a very apropos prayer for us today. Vice Chair, for the last time. You may be seated. Madam clerk, if you could call the roll.

Commissioner Wiley present play bills present as well. Present Sugarman meals. Present July.

Present.

Right. Present Thornton Morrison. Present Brooks. Lowry.

Present.

Bradford.

Present.

Showerman Avent.

Present.

We have 10 present.

We have a quorum. I'd like to ask for the approval of the minutes of our previous meeting, which would be the August 10th, 2026. Can we do that without objection? No changes. Seeing none, so moved. It is possible to join the meeting two ways, via the designated email account, voc.email at chilbycountytn.gov, via phone at 901-222-1234. Parliamentarian, please read 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 a deputy. Members of the public shall be permitted to address the county commission unless ruled out of order by the chair or denied the opportunity to speak by a majority vote of the commissioner's present in 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 as 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. 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, Parliamentarian. I'd also like to take a moment to recognize any staff or commissioner birthdays for the month of August. Happy birthday to Rashad Cobb, which was August 11th, and to Marie Thomas, which was on August 13th.

Happy birthday to you both.

Sorry, Sedja. Sedja Khali, whose birthday is today. Happy birthday. We'll now move to item two on the consent agenda. Parliamentarian, please read item two.

Item two is a special resolution to acknowledge the services, the service to the Memphis community and retirement of David Williams of Vitale, sponsored by Vice Chair David C. Bradford Jr.

Commissioners, thank you for giving me this time today to recognize my good friend here, David Williams. I know we have a lot of resolutions recognizing folks, more of the elected capacity today, but I just wanted to recognize David and all that he's done for the community outside of serving in any sort of elected position. So this full resolution is about two pages long. I'm not gonna read the whole thing and we'll just jump in right here. Whereas, David Williams has built a distinguished career rooted in leadership, community service, and lifelong commitment to improving the lives of others in Memphis and the Mid-South. A proud Memphis native and graduate of Memphis City Schools and the University of Memphis, David began his career in marketing, public relations, and the arts, and whereas, He was part of the original Playhouse on the Square staff in 1975 as director of marketing and performed in multiple productions before advancing into executive leadership roles in healthcare, nonprofit development, and community engagement. David spent time expanding his knowledge of marketing, communications, and business development at Towery Publishing and the Morris Advertising Agency. Whereas, as Vice President of Community Development and Marketing at St. Joseph Hospital for 14 years, he became a nationally recognized leader in building partnerships that strengthened healthy communities, including the award-winning Lauderdale Courts Community Partnership, which was presented the NOVA Award by the American Hospital Association. David was a National Healthcare Forum Healthy Communities Fellow and earned his Executive MBA with an emphasis in Healthcare Administration from the University of Colorado at Denver. Whereas most recently, as Regional Executive Director of Vitalant Memphis, formerly Lifeblood, he led efforts to ensure a safe and sustainable blood supply for the region, directly contributing to saving thousands of lives each year, recognized with numerous honors, including Leadership Memphis Outstanding Alumnus Award, the Memphis Urban League Hope Diamond Award, the National Healthcare Leadership Awards, David's career reflects a rare combination of strategic vision, compassionate leadership, and unwavering dedication to strengthening the public and institutions of his hometown. Whereas David performed as a musician and vocalist in local bands for more than 30 years and considered himself fortunate to have performed original songs at the world-famous Bluebird Cafe in Nashville, Tennessee, he has self-produced a couple of CDs, Armed Voices, and David Williams. He played with local acoustic and rock bands like DNA and Java. Also percussionist, David began his musical career at East High School, earning first place in the school's talent show in 1970 and 1971, performing original songs. In addition to his music credits, he also has a healthy list of theater credits to his name. Memphis Children's Theater, Captain Hook, Peter, Mr. Banks, Mary Poppins, New Lyric Theater, Charlie Purley, Circuit Playhouse, Niche, Godspill, and NBC premiere Monday night at the movies, made for a TV movie, Pawn Clerk, The Catcher, and, whereas David is the first to say his lovely wife Penny has stood behind him for much of his professional journey, they also enjoy being Tigers and Grizzlies fans, living downtown, and traveling as much as possible. and whereas David retired from Vitalant Memphis, formerly Lifeblood, on July 10th, 2026. Now, therefore, be it resolved that the Shelby County Board of Commissioners hereby honor, commend, and congratulate Mr. David Williams on his impactful and dedicated years of service to Memphis and Shelby County. Thank you, David.

Thank you.

I think Rashad's going to take a picture.

Mr. Williams, would you like to say a few words? Mr. Williams, would you like to say a few words? Okay.

Hey, thank you for this, but thank you for all the years of your service.

Well, before you sit down, there is a commissioner in queue. Mr. Williams, there is a commissioner in queue who'd like to say a few words. Mr. Caswell?

David. david i just want to say thank you for your many years of service i i can say this about david uh that he played a pivotal role vivid powerful role in my life uh many years ago 2012 to 13 he was sending leaders out to fraser and then he recognized me in 2014 to get me to become a part of leadership memphis executive class 2014 the best class ever forever BUT, MAN, I JUST REALLY APPRECIATE YOU SEEING SOMETHING IN ME BACK THEN AND KEPT CONTINUING TO SUPPORT ME ALONG THE YEARS. SO THANK YOU FOR YOUR LEADERSHIP AND ALL THE YEARS OF SERVICE TO OUR COUNTY. THANK YOU.

THANK YOU, COMMISSIONER.

I'd like to also just echo Commissioner Caswell. I think probably almost 90% of the folks who've sitting on this day have been a part of Leadership Memphis. I know we're recognizing you for your retirement from another role, but I don't think that you could take one without thinking about the entirety of your service to this community. And so I really do also wanna thank you for the pivotal role that you've played in making sure to shape the leadership of Memphis, always caring about how Memphis can show up, but more importantly, how those leaders can pour into Memphis. So thank you again. All right, Parliamentarian, we're gonna move on to item three, and I'm gonna ask Vice Chair if he would come as we begin the recognitions.

Item three is a resolution honoring Mayor Lee Harris, sponsored by Chairwoman Shante K. Aban.

Okay.

Colleagues, as we begin this recognition of some of our constitutional officers, I invite you all to be able to chime in as we recognize them for their years of service. Mayor Lee Harris was not able to be here with us today. He's actually teaching a class, but I wanted to make sure to recognize him for his many years of service. Culminating as mayor of Shelby County is no small feat. And as a lifelong Memphian who has dedicated so many years to the betterment of both Memphis and Shelby County, we definitely want to recognize him and thank him for his many years of service. I think one of the things that stands out to me the most about Mayor Harris's administration are the many ways that he wanted to pour into county employees from the benefits in different ways that he's expanded ways for the employees of Shelby County to not only work well for Shelby County but thinking about them in the holistic way of both their families and ways that we could support even some of our policies so I just really want to recognize him and thank him for his work in supporting us there. So, Vice Chair, if we could call for the next resolution.

Yes, ma'am. Let's read item number four.

Item four is a resolution honoring Assessor Melvin Burgess, sponsored by Chairwoman Shante K. Aban.

Mr. Burgess, if you could come forward with your lovely wife, Sandra.

Lovely wife. And I'd like to, per the body, just to take a moment to read the resolution in support of Mr. Burgess and his time here as a part of Shelby County government. Whereas it is appropriate for the esteemed Board of Commissioners to honor and recognize distinguished individuals whose tireless efforts and unwavering dedication has made significant and lasting impact in the lives of others in Shelby County, Tennessee. And whereas Melvin Burgess is a lifelong resident of Memphis and Shelby County, who has dedicated his professional and personal life to public service, fiscal accountability, education, neighborhood preservation, and the betterment of the communities he proudly serves. Mr. Burgess is a proud product of Memphis City Schools and earned a Bachelor's of Science degree in accounting from Gremlin State University. establishing the educational and professional foundation for a distinguished career in accountancy, auditing, governmental oversight, and public administration. He is also, Burgess, a member of Kappa Alpha Psi Fraternity Incorporated, reflecting his continued commitment to scholarship, leadership, achievement, and service to others. And whereas, beyond his professional accomplishments, Mr. Burgess has been joined in holy matrimony with the love of his life, Sandra, for 20 years, 34, we're going to get that corrected because anyone who could be with Assessor Burgess for 34 years, we definitely want to make sure to recognize all of that. Thank you. uh through this this spirit filling union they have blessed been blessed with two children lindsay and lauren who are both very accomplished in their own rights whereas mr burgess was elected to the shelby county board of commissioners in august of 2010 general election to represent district 2 position 3 and serve a distinction in the commission from 2010 to 2018 later being re-elected to represent district 7 in 2014. Commissioner Burgess distinguished himself as a thoughtful and fiscally responsible public servant, founding the Commission's Audit Committee and ultimately serving as Chairman of the Shelby County Commission. Whereas in 2018, Mr. Burgess was elected to Shelby County Assessor of Property, assuming responsibility for the appraisal and assessment of more than 350 property parcels throughout Shelby County and bringing his extensive background in physical oversight and public administration to the Assessor's Office. Under his leadership, the Shelby County Assessor's Office has embraced a more accessible, transparent, and taxpayer-focused approach to property assessment, guided by his philosophy of valuing people over property and his belief that government should serve as a bridge between residents and the resources necessary to build stronger communities. And whereas in 2021, Mr. Burgess was honored as the Tennessee Assessor of the Year by the Tennessee Association of Assessing Officers, becoming the first African American to receive this prestigious distinction, a testament to his professional excellence, innovation, and dedication to public service. Now therefore it be resolved by the County Board of Commissioners of Shelby County, Tennessee, that we do hereby honor and celebrate Melvin Burgess and do commend him for his nationally recognized leadership and professional excellence. Be it furthermore resolved that this resolution shall be spread upon the minutes of this body and that a copy be presented to Melvin Burgess as a token of our deep respect, gratitude, and admiration for his exemplary contributions. Thank you Mr. Burgess.

I just want to thank the County Commission. Chairman, thank you for this honor. Time just goes by so fast. And as we all know, like Miska, you know, when you retire from the district after 30 years and come here and retire another 16 years. And I remember my 30 years I was going on at the school system. My mentors always say this. They said, Burgess, you get out of here because you don't want to down this job and miss your retirement. Because all you're going to do is down the job, leave your retirement to your wife and her boyfriend. So... I got out of there. But I want to say thank God and thank all of you all for another retirement. I'm still alive. But again, thank you all for the hard work you all do. And just keep pushing for that two-year reappraisal. And I keep pushing for that. But other than that, thank you, the Honorable Mayor or the Mayor-elect, Mikael Lauer, and the rest of you all and your adventures. So I'm just trying to see what's next and put it in God's hands. But I want to really thank you all for everything. Shelby County, thank you all.

All right, if we could read item number five.

Item five is a resolution honoring County Clerk Wanda Halbert, sponsored by Chairwoman Shante K. Avins.

Colleagues, thank you again for allowing us to honor those with their service over the last eight years. Ms. Halbert was not able to be here today, but I do wanna make sure that we have an opportunity to recognize her for her years of service here as our Shelby County Clerk. So thank you to Ms. Halbert for her years of service.

All right, we could read item number six.

Item six is a resolution honoring trustee Regina Morrison Newman, sponsored by chairwoman Shantae K. Avon.

Commissioners. afternoon the day is going by so I would if you allow me I'd like to read into the record whereas it is appropriate for the esteemed Board of Commissioners to honor recognized distinguished individual individuals whose tireless efforts and unwavering dedication has made significant and lasting impact on the lives in Shelby County Tennessee And whereas Regina Morrison Newman has devoted her illustrious career to public service, law, financial stewardship, and community empowerment, demonstrating an unwavering commitment to the principle that elected officials are servants of the people and must continually strive to exceed the expectations of those they serve. And whereas Regina Morris Newman served as a Shelby County trustee after being unanimously appointed by the Shelby County Commission to fill a vacancy. During her tenure, the Trustee's Office received national recognition for excellence in financial management. She served as Deputy City Attorney for the City of Memphis, including responsibilities as the liaison for Shelby County Trustee's Office. And as whereas upon her election in 2018, Regina Morrison Newman made history as the first woman elected to serve as a Shelby County Trustee, breaking a significant barrier in Shelby County government and creating a lasting legacy for women in public service. And whereas the trustee's office manages 4.5 million in public funds annually, and under trustee Newman's leadership has undergone annual audits with no findings, ensuring every dollar entrusted to the office is properly accounted for and responsibly managed. Pilot delinquencies reduced from approximately 2.5 to less than 15,000, representing a remarkable improvement in the collection and management of these obligations. The Trustee's Office has reduced delinquent property taxes owed to the county by more than 23 million. The Trustee's Office has demonstrated an extraordinary commitment to the customer service by handling 160,000 telephone calls annually answering more than 99.6% of calls, with approximately 97% answered in less than 30 seconds. And whereas in 2024, Trustee Newman initiated the Auditing 101 Showcase, bringing together more than 1,000 high school students from across Shelby County to learn from financial responsibility, career opportunities, and pathways to successful adulthood. representing 24 of the 34 schools in the Shelby County school system. And now, therefore, it be resolved by the Board of County Commissioners of Shelby County, Tennessee, that we do hereby honor and celebrate Trustee Regina Newman and do commend her for her integrity, leadership, and extraordinary stewardship of Shelby County financial resources. be it further resolved that this resolution shall be spread upon the minutes of the body and that a copy be presented to Regina Morrison Newman as a token of our deep respect, gratitude, and admiration for her. Trustee Newman.

Thank you commissioners and I want to thank you all for over the course of time in the last few years helping our seniors and our disabled property owners to pay their taxes and continuing the programs that help them stay in their houses. Thank you.

All right, if we could read item number seven.

Item seven is a resolution honoring Sheriff Floyd Bonner Jr., sponsored by Chairwoman Shante K. Avant.

Sheriff Bonner? Colleagues, if you would indulge as I read into the record. Whereas it is appropriate for the esteemed Board of Commissioners to honor and recognize the distinguished individuals whose tireless efforts and unwavering dedication have made a significant and lasting impact on the lives in Shelby County, Tennessee. And whereas Sheriff Floyd Bonner Jr. is a lifelong resident of Memphis and Shelby County, who has devoted more than four decades of his life to protecting and serving the citizens of Shelby County, Tennessee. Sheriff Bonner is a second-generation law enforcement officer who followed in the footsteps of his father, Floyd Bonner Sr., who dedicated his own career to law enforcement, instilling in his son the importance of service, integrity, discipline, and commitment to community. and whereas sheriff bonner has his has began began his distinguished law enforcement career with the shelby county sheriff's office as deputy sheriff assigned to the jail division beginning a remarkable journey of service that would span more than forty years throughout his career sheriff bonner served in numerous divisions and progressively responsible responsible positions including the uniform patrol narcotics domestic violence and sex crimes patrol services internal affairs patrol support services civil service and levy squad and court services floyd monner jr rose through every supervisory rank within the shelby county sheriff's office serving as sergeant lieutenant captain inspector assistant chief deputy and ultimately chief deputy providing leadership over both law enforcement and jail operations and whereas in two thousand eight he was promoted to inspector and commanded patrol support services including traffic investigations motors dui reserves emergency services and volunteer service In 2010, Sheriff Bonner was appointed Assistant Chief Deputy, commanding both the Patrol and Patrol Support Services, and 212 transferred to the Civil Process Levy Squad and Court Service Division, which serves 41 courts throughout Shelby County. In 2018, Floyd Bonner Jr. made history when he was sworn in as the 47th Sheriff of Shelby County and the first African American elected Sheriff of Shelby County, Tennessee, breaking a historic barrier and opening a new chapter of the history of Shelby County. Sheriff's Office. Sheriff Bonner was re-elected by the citizens of Shelby County on August 4, 2022, continuing his commitment to public safety, effective law enforcement, responsible jail operations, and service to the residents of Shelby County. And now, therefore, be it resolved by the Board of County Commissioners of Shelby County, Tennessee, that we do hereby honor and celebrate Sheriff Floyd Bonner, Jr., and do commend him for his legacy of perseverance, public service, and excellence in leadership. Be it further resolved that this resolution shall be spread upon the minutes of the body, and that a copy be presented to Sheriff Floyd Bonner, Jr. as a token of deep respect, gratitude, and admiration for his exemplary contribution.

Thank you.

Good afternoon, everyone, and thank you for this honor. Assessor Berger said it's been my honor to serve as the sheriff of Shelby County, this great county of ours. It's been a pleasure working with each of you. I know some of you will be leaving to do other things. Congratulations to you as well and welcome aboard the new ones. To Mayor Lick Lowry, good luck to you, sir. there's a lot of challenges coming your way, but, uh, but it's been a pleasure for me to serve. And I have my wife here with me of 44 years and, uh, Now, she said we dated for five. She always tries to count to five years. I said, no, we wouldn't. We wouldn't marry then. But we just celebrated 44 years on August the 7th. And many of you see my two, our two sons and our four grandkids. And I always tell the grandkids, you know, Grandpa always just want to make y'all proud. So thank you. Thank you. Thank you.

all right if we could read item eight with a little extra vim and bigger for me item eight is a resolution honoring chair pro tempore david c bradford jr sponsored by chairwoman shantae k avant all right uh good afternoon chairman avance you have the floor

Yes, so this. These are of course it is a very wonderful honor to under all of our constitutional officers, but obviously honoring colleagues takes on a very different meaning. I've had the pleasure of serving with vice chair over this last year who has been my right hand. I wouldn't say right hand. I just say yeah at them. But I'd like to take a moment and I would love for colleagues, please feel free to chime in if there are any comments you want to make on behalf of the body to really support each of our colleagues who've given an innumerable amount of hours and time that their family has so willingly allowed them to do, but to support the business of Shelby County. And so I'd like, many are the same, but I would like to just take for each of the commissioners, the section that really describes and talks about your years of service, whereas David Bradford was elected to serve the citizens of Shelby County Commission District 2 on August 2nd. Yeah, I wanna make sure that this is read into the record and all can hear. Whereas David Bradford was elected to serve the Citizen Shelby County Commission District 2 on August 2, 2018 and was re-elected to a second term in 2022. Whereas on September 1, 2025 Commissioner Bradford was selected to serve as Chair Pro Tem of the Shelby County Board of Commissioners where he continues to provide thoughtful leadership and dedicated service to the citizens of Shelby County. And whereas Pro Tem Bradford is a devoted husband to his wife, Ashley, and a loving father to their twins, Ava and David, together the Bradford family remains actively involved in their community and worships at Hope Church. And so therefore it be resolved that the Shelby County Board of Commissioners hereby recognizes and honors Chair Pro Tem David Bradford for his eight years of selfless and humble service to the citizens of Shelby County and we wish him great success on his future endeavors.

Thank you for this honor. Thank you, obviously, to God that brought us all here. Big thanks to these folks over here, my family, my wife, Ashley, my daughter, Ava, my son, David Bradford, my mother, Patty Bradford, and my dad, David Bradford. Lots of David Bradfords. As you all know, doing this does not come without taking time away from your family, and they have been very supportive of me. and helped in a number of different ways, including when I ran for office the first time. My wife was pregnant with the twins. I didn't win that election, but we actually had her out on the route knocking on doors. So that will be held over the head for the rest of my life, I assure you. But thank you all. I do have some more prepared marks, but I may just save those to the end so we can keep things moving. So thank you.

I'd also like to take a moment. Commissioner Caswell also has a presentation to each of the commissioners, and so I want to allow him to do that before we also take pictures of both of them. That's okay.

Again, we all know that David is an awesome man. We appreciate the family again for the time they have given to this county. And David, on behalf of a work I've been doing for many years, the 3B leader work of being visible, vocal, and valuable to your community, you have been there for our county. And so I wanted to present you with the plaque that you hang right in your office when you leave here. But David Bradford, Commissioner Bradford, we thank you for your service to our county and being a 3B leader for Shelby County. Thank you, sir. All right.

Come on, family, come on. Thank you, sir.

We need some more height.

all right thank you uh thank you vice chairman bradford certainly been a pleasure of mine to serve with you for the last eight years uh along with the rest of my colleagues here so uh chairman even if you have nothing further on this one we'll we'll keep them moving here so madam parliamentarian please read item number nine item nine is a resolution honoring commissioner amber mills sponsored by chairwoman shantae k avan

Commissioner Mills representing District 1. As I mentioned that each of you as coming on board, I remember the very first meeting that we had was actually us attending the training at CTAS. and Commissioner Mills giving both thoughtful advice to each of us as we were coming on board, as well as when we got to our very first meeting, something that kind of resonated, I don't know if she even remembers this, but kind of resonated with me when she was talking about the responsibility of the role. And she mentioned to us that we're gonna have a lot of long nights, But if we keep thinking about what we're all trying to achieve together, then it does make the road a little lighter. So I've always appreciated that, kept that in the back of my head from the very first meeting. But I'd like to take a moment and read into the record for Commissioner Mills, District 1. who was elected to represent the citizens of Shelby County District 1 on August 2nd, 2018, and was re-elected to a second term in August 2022, proudly serving the communities of Shelby Forest, Millington, Arlington, Rosemark, and Kerryville. Whereas born in Charlotte, North Carolina to Clay and Wanda Marlow, Commissioner Mills was raised along with her sister, Tammy Walker, and graduated from Austin High School in Decatur, Alabama. And whereas Commissioner Mills is a devoted wife to her husband, Lee, and a loving mother to her two sons, Grayson and Tanner, the Mills family remains actively involved in their community and worships at Bellevue Baptist Church. And now, therefore, it be resolved that the Shelby County Board of Commissioners hereby recognizes and honors Commissioner Amber Mills for her eight years of selfless and humble service to the citizens of Shelby County and wishes her great success in future endeavors. Thank you, Commissioner Mills.

Thank you, Chairwoman Avant, and thank you all. I want to thank the citizens of District 1 for trusting me to represent them and be their voice for these eight years on the County Commission, and I want to thank my family as Vice Chair Bradford stated, it's not just us sitting up here making the sacrifice of our time, it's our family as well. And eight years ago, our boys, Lee, our boys, I was taller than them. Now they both tower over both of us. So eight years, a lot happens. They grow up. But when I think my husband, he always bid his schedule around the commission's schedule, bid his work schedule. And so I thank them. I think the staff, I think the county employees, what devoted people we have to serve the citizens of Shelby County. It's been an honor to watch them do the work that they do. I can't let this go without mentioning commissioner elect Rhonda Odell, who was by my side for seven years, uh, as my administrative legislative administrative person. And, um, she, I called her my right arm and my left arm here. And now for, to be able to pass the baton to her for district one, it's It feels good because I know District 1 and Shelby County will continue to be taken care of. So thank you for the recognition today. Thank you.

Commissioner Caswell.

Again, thank you, Commissioner Mills, for your sacrifice to the county and being that visible, vocal, and valuable leader and just continue to do the great work that we know you're going to continue to do. So continue to let us serve our county in some kind of way. Thank you. Come on.

Help a little bit?

Thank you.

All right. Let's read item number 10.

Item 10 is a resolution honoring commissioner McWright sponsored by chairwoman Shantae K. Avant.

Commissioner. Thank you. Thank you, commissioner. Right. Um, Well you know we all have those folks who ask the hard questions and I would say that Commissioner Wright definitely has been one of those folks that I respect not only asking the hard questions but providing a lot of context and insight about why he's asking those questions. That has always resonated with me. Providing both not only the context but really his really thoughtful intention behind any and all the things that we do as a county so it is my privilege to read into the record whereas mc wright was elected to the shelby county board of commissioners in 2018 and re-elected to a second term in 2022 representing district 3 which includes the communities of bartlett and lakeland commissioner wright and his wife allison are active members of the memphis runners track club and bartlett bartlett runners club completing marathons together as saint jude heroes and participating in charitable races throughout the community And now, therefore, be it resolved that the Shelby County Board of Commissioners hereby recognizes and honors Commissioner McWright for eight years of selfless and humble service to the citizens of Shelby County and wishes him great success in his future endeavors. Thank you.

The fact that even one person clapped is a success in my view. So thank you to that one person. Thank you all for this opportunity. Thank you, Madam Chair, for those kind words. It's been really an honor to serve with all of you, especially you, Commissioner Shalai, these last six months. That's a joke. I'm sorry. I was going to think about what I could bequeath to you in the next board moving forward. Of course, I'll be rooting for you and praying for you, especially on Mondays at three o'clock as you get down to do your business. But I guess I would like to pass along that sense of humor as well. There's an awful lot of need in this chamber for some laughter. And so I hope you remember to do that. But thank you all for this honor. Thank you so much.

It's truly going to be an honor. It's been an honor serving with you, Commissioner Wright, three years on the Public Safety Ad Hoc Committee. We know that you're going to continue to be visible, vocal, and valuable to our community. You have a heart for this community. You have shown that to this community. And we just thank you for your leadership in serving Chevy County. All right. Thank you.

Vice Chair, if we could do Mayor-elect Commissioner Lowry, he does have to catch a plane to get to the CTAS training as our new Mayor-elect, and we want to provide an opportunity for him to do that, if that's okay?

Certainly. Let's read item number 12, then.

Item 12 is a resolution honoring Commissioner Mikkel Lowry, sponsored by Chairwoman Shante K. Avan.

As Commissioner Lowry comes forward with his wife and beautiful daughters. And I want to just take a point of leverage to also just thank him, one, he was the first chairman when we came onto this body. that is no small task leading a new group of individuals and I appreciate not only the time he spent with me as a new Commissioner but there was never a time and I'm thankful when I called whether it was eight o'clock at night or two o'clock in the afternoon he was so responsive as the chairman to make sure that we have what we needed but also it's always different when you have a new body coming on board and the poise the dignity and the esteem in which he has carried the office does not go unnoticed so I'd love to at this point read into the record Whereas McHale-Lowry was elected to Shelby County Board of Commissioners on August 2nd, 2018 and reelected on August 4th, 2022, representing District 8, which encompasses downtown, Fraser, South Memphis, North Memphis, and central gardens and whereas commissioner lowry's years of public service professional leadership and dedication to the citizens of memphis and shelby county have prepared him for the next chapter of service as mayor of shelby county and whereas commissioner lowry is a devoted husband to his wife shanisa and his proud and proud father of three daughters shanice mila and mylon whose support and love remain an important part of his life and service Now, therefore, be it resolved that the Shelby County Board of Commissioners hereby recognizes and honors Commissioner Mikkel Lowry for eight years of selfless and humble service to the citizens of Shelby County and wishes him great success in his future endeavors. Much, much success in your future endeavors. Commissioner.

Thank you so much. Thank you.

Thank you, Madam Chair and Board. I always give an honor to God for allowing us all to be here. I want to start off also by thanking my family for all their support as well. You know, similar Vice Chair Bradford, my daughter Milan was about one when we started running for office and four when we took this seat. Should be a little bit older as we continue to go on to the next endeavor, but know that I have a tremendous amount of respect for what this body does. And I'll continue to have that same respect in the next role that we're taking on as well, even when we disagree. You will have my commitment. The way we act in this room is obviously could be a barometer and the culture we need to build outside of this hall. And people are looking for us for leadership. They're not looking for us to be disagreeable in public. They're looking for us to see how we can work together. And so I've appreciated us finding ways to do that most of the time. And even when we didn't, being able to go on to the next step as well. So I'm extremely honored. This has been an honor of my life. I thank District 8 for allowing me to represent them. And I thank the citizens for Shelby County for allowing me to take that a step further. So thank you all so much. Again, thank you to my family, Madam Chair. Thank you so much. And let's continue to get to work. I hate I have to leave, but I'm going to go build that same relationships with our new body. that's in Murfreesboro to start on that work that we have to do together as well. So thank you so much.

Merrill, again, thank you for your friendship, your mentorship, your leadership in our community and can thank the family for again allowing you to sacrifice this time and to continue the sacrifice as you gave it these last eight years and looking forward to the future eight years. So thank you for your leadership. All right.

Ha ha ha.

Commissioner.

All right, back to the regular scheduled agenda. Let's go to item number 11.

Item 11 is a resolution honoring Commissioner Brandon Morrison, sponsored by Chairwoman Shante K. Avant.

Well, as Commissioner Morrison joins me, I remember the first time meeting her was actually on the campaign trail when she was running for reelection and I was running for my office. And, you know. One of the things I've always admired about Commissioner Morrison is not only her intellect, but also her quiet but very forceful decision making in all that she does. It has been beautiful to see as she has become a grandmother more times in the last... four years and really being able to now I hope spend as much time unencumbered by meetings to spend with your grandchildren and so I'd like to read into the record whereas Brandon Morrison first began her term and Shelby County Board of Commissioners on September 1st 2018 after being elected to represent district 13 and following redistricting was elected to serve District 4 for her second term in August 2022. And whereas Commissioner Morrison is a devoted wife of Joseph Morrison and a proud mother of five adult children, Allison, Ruthie, Joe, Jane, and Murray, hence the reason for so many grandbabies over the last four years, enjoys floral design, gardening, reading, running, and participating in the St. Jude Half Marathon. And now, therefore, be it resolved that the Shelby County Board of Commissioners hereby recognizes and honors Commissioner Brandon Morrison for eight years of selfless and humble service to the citizens of Shelby County and wishes her greatest success in her future endeavors.

Thank you, Chair Avant, and also to you, Commissioner Caswell. Thank you. Well, I just first would say I'm grateful to the Lord for the privilege of having been called to public service. And like the rest of you, especially to my family, my husband Joe could not be here. But he's, as Commissioner Mills said, it's our families that sacrifice so much. And he and my mom, and I lost my dad in 2022, but he's here all the time too. So anyway, I thank them. And then the great citizens of both District 13 and District 4, because I guess I'm one of the few commissioners that's had the privilege to serve in two districts. And I would just add that I am going to enjoy having more time as a grandmother, but you'll continue to see me in this great city. I love our community. I love our people. I love our citizens. And I love all of you, and I'll continue to pray for this body. So thank you.

Commissioner Morrison, I just want to say I'm going to miss running the halls of D.C. and Nashville with you as you've been our legislative chair these last, I guess, three years, right? Two or three years. And just been doing an amazing job to continue to fight. And I know you're going to continue to fight for us through prayers and support. So we thank you for all your leadership. Continue to be that visible, vocal, and valuable leader. Thank you.

And seeing the staff, that was the other remark I wanted to say is I am so appreciative for our outstanding staff, especially for Ryan and Clay and really all of you. Thank you for all you do for all of us.

All right, if we could read item 13.

Item 13 is a resolution honoring Commissioner Matthew T. Shillai, sponsored by Chairwoman Shante K. Avan.

As Commissioner Shalai comes forward, I just, I, you know, what can you say? He's, are you the, you are the youngest now, officially. Yeah. Commissioner Thornton loves to talk about being the only millennial, but this young man not only came in at a pivotal time for us as a body, but not only his quiet, but very forceful. uh demeanor who is thoughtful um and intentional and i cannot wait to see all of the great things that are ahead of him um it has been a pleasure over the last six months if i knew the day number of days that was i guess it's half of whatever 365 days are serving with you but appreciate you coming in to really support this body and move us forward through a difficult transition. So whereas Matthew T. Shillai represents District 9 on the Shelby County Board of Commissioners and was appointed at the age of 24, becoming the youngest person to serve on the board. And whereas Commissioner Matthew T. Shillai's dedication to public service, community development, and empowering the next generation reflects his commitment to building a stronger and more inclusive Shelby County. Now, therefore, be it resolved that the Shelby County Board of Commissioner hereby recognizes and honors Commissioner Matthew T. Shalai for his selfless and humble service to the citizens of Shelby County and wishes him great success in his future endeavors. You're welcome.

Just as my term was, my remarks will be brief. I want to, of course, thank the Lord Jesus Christ for allowing me to be here, my parents, the District 9 residents and constituents, but especially all of you all on this board. I quite literally would not be here if it was not for you all on this board. And so I appreciate you all for allowing me the opportunity to be here and serve with you all. But also in my transition, You know, being appointed the way that I was, there isn't really much of a transition. And so I called upon each of you commissioners for your wisdom and your guidance and your help in that transition. And all of you were astoundingly helpful in welcoming to me in coming into the commission seat. So I do just really want to express that gratitude to you all. Thank you.

Again, Commissioner Matt, it's been an honor. Short but sweet in your leadership, man. You've been just a gentleman with integrity and character. So I know your future is very bright to be a visible, vocal, and valuable leader in our community. Thank you.

All right, let's read item 14.

Item 14 is a resolution honoring Commissioner Brittany Thornton sponsored by Chairwoman Shante K. Avant.

As Commissioner Thornton comes. To the podium, I remember our very first trip to not only CTAS as a new commissioner who I think took more pictures and selfies with other commissioners across the state of Tennessee than I had ever seen, but also just creating an opportunity for the voice of young people to be heard on this body. is one that I hope that she holds in high esteem. And representing one of the most established neighborhoods in our community, Orange Mound, is a great honor. And so we congratulate her on this huge accomplishment and being a history maker for this body. Whereas Brittany Thornton was elected on August 4, 2022, to represent District 10 on the Shelby County Board of Commissioners. And whereas Commissioner Thornton is committed to serving constituents with excellence and strengthening District 10 through a focus on housing, transit, and economic development. And now, therefore, be it resolved that the Shelby County Board of Commissioners hereby recognizes an honors Commissioner Brittany Thornton for four years of selfless and humble service to the citizens of Shelby County and wishes her great success in her future endeavors.

You're welcome.

Unfortunately, my husband was not able to be here this evening. I don't know why we're laughing. So I just want to praise this chairwoman just in this moment. And I see Commissioner Caswell, great experiences with y'all. I remember DC walking those long blocks and having to take that break because my feet just wouldn't make it. And so, so many memories as I just look to each and every one of you, you know, I am so grateful for this opportunity. And, you know, I would be remiss not to acknowledge Commissioner Shalai and Commissioner Whaley. The youth is rolling off of the body. And so when we think about just how we have, well, you know, there are no more millennials, no more Gen Zers. And so I do think that we have been able to contribute in a meaningful way to diversify the conversations and just to keep that urgency there. You know, we are the generations that need these schools, we need these jobs, we need so much as we are ourselves just trying to continue to grow and also start families. And so that has always been at the forefront of my mind. And I just thank District 10, shout out to Melrose and Hamilton and Oak Haven and Middle College High School and all of the neighborhoods around them. And I just wanna thank those members of the audience as i see a number of supporters who are here it has been an honor to be able to hold space these past four years and i just look forward to seeing where shelby county goes so i wish commissioner i mean mayor elect lowry all the best and i just trust that this body is going to be able to get the job done and so thank you so much thank you chairwoman and all the best in your future leadership endeavors because i know your future is bright as well thank you

Commissioner Thornton, before you even came to this body, you was visible, Vulcan valuable in the Orange Mound, with Juice Orange Mound, all the work that you've done. We know you're going to continue to be visible, Vulcan valuable. So continue to be the leader that you are. And I'm going to miss those fun nights in D.C. of all the walking we've done. Thank you.

Last but never least.

All right, item number 15.

Item 15 is a resolution honoring Commissioner Michael Whaley, sponsored by Chairwoman Shante K. Avant.

As Commissioner Whaley comes, his beautiful wife Lauren and his parents, who are here to join. This is their first commission meeting, if you can believe that.

Good for them.

So, um... You know, we appreciate all that each commissioner for this body has been able to contribute over the last four years or six months or eight years, but I really do want to give just a sincere debt of both gratitude and thankfulness to Commissioner Whaley for his contributions to this body serving as both a chairman as well as budget chair it is not lost on us the amount of time and effort it takes to really not only support this body but lead in what we know are sometimes some of the most difficult decisions that we have to make as a body. And he has definitely led with not only his expertise, but his great intention for Shelby County being greater. And so I'm very grateful for his leadership, his support, and his friendship. And grateful that he will always be just a phone call away. He didn't promise that, but I just, you know, if I say it on the record, then it is so. That he will answer the call when needed. And so, as I read into the record, whereas Michael Whaley was elected to the Shelby County Board of Commissioners in August 2018 and reelected, to a second term in August 22, representing District 13, which encompasses East Memphis and Midtown. Whereas on September 1st, Commissioner Whaley was nominated and elected chairman of the Shelby County Board of Commissioners, providing leadership and guidance to the board and the citizens of Shelby County. And whereas outside of his professional and civic responsibilities, Chairman Whaley enjoys traveling, having visited every continent at least twice. We know we always were praying for him to come back safely. Maybe more so than Lauren. I don't know if we were playing hard or she was. Pursuing certification as a sommelier through the court of master sommeliers and spending time with his wife, Lauren. Now, therefore, be it resolved that the Shelby County Board of Commissioners hereby recognizes and honors Commissioner Michael Whaley for his eight years of selfless and humble service to the citizens of Shelby County and wish him great success in his future endeavors.

all right thank you thank you madam chair um so i guess what i hear you saying is that i have more time to be a sommelier now um which is quite exciting uh first i really just want to thank my wife lauren and my parents john and wendy for being here they made it eight years without having to come to a meeting Well, they did tune in online from time to time. I mean, as we all know, it's impossible to do this work without support of your family because it is quite a big sacrifice. I know that some of Lauren's favorite moments were when I would text her, we're done. Sometimes that might not be until one or two in the morning, but it's because we were doing really important work for the people of Shelby County. You know, I also recognize that, you know, every, we make, gosh, I mean, probably at this point, tens of thousands of decisions, right, over eight years. We make, gosh, 40 a day and they kind of come and go. And so you never are going to make everyone happy 100% of the time. That's not what public service is all about. It's about your values, how you approach leadership, and how people know that even if they might disagree, you've got the best of the future of the county at heart, that you're trying to find sometimes a third way, a better way, and do it with respect, professionalism, and be willing to think outside the box. And so I've tried to do that. Sometimes they've gone better than others, but I certainly appreciate being able to do it together as a group. I wish the returning commissioners all the best over the next four years and certainly will do my part to try to ensure it's a success because I think the future is bright, our best days are ahead of us, and this body will play a tremendous role in ensuring that that happens. So again, it's been, I mean, one of the greatest honors of my life to serve in this role. Like Commissioner Morrison, got the chance to serve in two different districts and represent quite a different subsection of the county. And that's a rare thing. And it's helped me learn a lot about different components and people. And really, that's what it's all about, serving people. So thank you all again. And it's been quite a ride.

Thank you.

Commissioner Whaley, it has been a journey with you as we look at all the adventurous things that you have done since you've been here. Now you can go climb the highest mountain. So we thank you for being that visible, vocal, and vibrant leader. We know you've got a great, magnificent future in front of you, your family here, and continue to support you. But thank you for your leadership.

Thank you.

Commissioner Bradford, just as a moment of personal privilege, if we could have Commissioner Mills come and present recognition to our pastor for the invocation today. Commissioner Mills? If the staff could provide, Marie. Thank you.

Thank you, and it is my honor to present this to you, Reposing Trust and Confidence in the Fidelity and Ability of Pastor Clark Darrell Middleton, Bethlehem Baptist Church, Chaplain of the Board of Commissioners. To serve during the 2025-2026 term of the Board of Commissioners, at the will and pleasure of the Chairman, this is the 24th day of August 2026.

Okay, parliamentarian, if you could, before we read Those items I'm going to ask the Commission to take three minutes to review the consent agenda to see if there are any items that you would like pulled. All right. Commissioner Sugarman.

Thank you, Madam Chair. Numbers 19 and 20. All right.

19 and 20.

Commissioner Brooks. Items 26 and 27. Okay.

Parliamentarian, if you could read the consent agenda minus items 19, 20, 26, and 27.

Yes, ma'am. Item 16 and 17 come from the Budget and Finance Committee, which is chaired by Commissioner Whaley. Item 16 is a resolution to amend the Shelby County government fiscal year FY 2026 operating budget in order to transfer funds from the general fund to the correction center enterprise fund, the group health insurance fund, the on the job injury fund, and to commit general fund balance for tort fund liability. This item requires the transfer of FY2026 general fund balance in the amount of $4,423,908.63 to the Correction Center Enterprise Fund, $549,810.69 to the Group Health Insurance Fund, $100,000 to the On-the-Job Injury Fund and commitment of $2,111,869.04 general fund balance for tort liability and the appropriation of such funds for a total amount not to exceed $7,185,588.36 sponsored by Commissioner Michael Whaley. ITEM 17 IS A RESOLUTION RECEIVING AND FILING OF TWO STATE OF TENNESSEE FORMS NUMBER CT-0253 REPORT ON DEBT OBLIGATION FOR THE SHELBY COUNTY GOVERNMENT IN CONNECTION WITH THE INSURANCE, SALE, AND DELIVERY OF ITS INTERFUND TAX ANTICIPATION NOTE SERIES 2026A AND TAX ANTICIPATION NOTE SERIES 2026B AS AUTHORIZED BY THE COUNTY COMMISSION ON JULY 27, 2026. ITEM NUMBER 29, SPONSORED BY COMMISSIONER MICHAEL WHEELY. item 18 comes from the public works committee which is chaired by vice chair bradford item 18 is a resolution to accept the public improvements and to release the subdivision performance bond letter of credit dated september 16 2022 that secured the improvements to spring creek ranch pd phase 10 part of area d pd 13-314 co sponsored by commissioner david c bradford jr Item 21 comes from the Hospitals and Health Committee with Vice Chair Bradford as acting chair. Item 21 is a resolution requesting increased public awareness of potential lead exposure through the Memphis and Shelby County Office of Construction Code Enforcement by providing educational materials to contractors sponsored by Commissioner Brittany Thornton and Commissioner Henry E. Brooks. Items 23 through 25 come from the General Government Committee, which is chaired by Commissioner Brooks. Item 22 is a resolution approving the election of notaries public for appointment and a reappointment for Shelby County, Tennessee, sponsored by Commissioner Henry E. Brooks. Item 23 is a resolution approving a contract with Compsite Corporation for Employee Assistance Services upon execution through June 3, 2027, with the option for two additional one-year periods beginning July through June in an amount not to exceed $143,220. This item requires the annual expenditure of County Internal Service Fund FY2027 Employee Group Health Insurance in the amount of $143,220, sponsored by Commissioner Henry E. Brooks. Item 24 is a resolution approving an agreement with Cigna Healthcare Inc. for medical administrative services for employees and pre-65 retirees with an annual fee of $2,200,000 and renewal of stop loss insurance with an annual premium of $823,116. This item requires the annual expenditure of employee group health insurance funds in the amount of $2,660,342 and other post-employee benefits trust funds in the amount of $362,774 sponsored by Commissioner Henry E. Brooks. Item 25 is a resolution approving the expenditure of funds to the United States Postal Service in an amount not to exceed $1 million for fiscal year, excuse me, for Shelby County government support services for fiscal year 2027, ending June 30th, 2027. This item requires expenditure of fiscal year 2027 general funds in an amount not to exceed $1 million, sponsored by Commissioner Henry E. Brooks. item 28 comes from the core city neighborhoods and housing committee which is chaired by commissioner brooks item 28 is a resolution approving the sale of 17 county-owned delinquent tax parcels acquired by shelby county from various shelby county tax sales to identified purchasers at various prices collectively tolling 167 126 pursuant to tennessee code annotated section 67-5-2507 and authorizing the Shelby County Mayor to execute reclaimed deeds, sponsored by Commissioner Henry E. Brooks. Item 29 is a resolution receiving and filing the fourth quarter report of the Shelby County Trustee for the year ending June 30th, 2026, sponsored by Commissioner Michael Whaley. Item 30 comes from the Facilities Real Property and Capital Improvements Committee, which is chaired by Commissioner Wright. Item 30 is a resolution approving a first lease extension and a second lease extension agreement between the County of Shelby and Secure Community Federal Credit Union, FKA, Shelby County Federal Credit Union, for 1,364 square feet of office space located at 160 North Main Street, 4th floor, Memphis, Tennessee, 38103 for the first lease extension agreement term beginning February 1, 2025 and ending June 30, 2025 for a total of eight thousand nine hundred fifty one dollars and twenty five cents and for the second lease extension agreement term beginning july 1 2025 through january 31st 2028 for a total of twenty two thousand three hundred seventy eight dollars and twenty five cents the total amount of rental payments to be received in fy 2027 is ten thousand seven hundred forty one dollars and fifty six cents sponsored by commissioner mick wright item 31 comes from the milton community enhancement grants committee which is chaired by commissioner thornton item 31 is a resolution awarding county funds in the amount of fifty one thousand four hundred twenty nine dollars to the shelby county sheriff's office on november 1st 2026 and approving a purchase of a 2027 ram 2500 crew cab 4x4 from aj doman cdjr on behalf of the shelby county sheriff's office This item requires an expenditure of $51,429 from the Milton Community Enhancement Program Grant Fund, sponsored by Commissioner Amber Mills.

Thank you. Can I get a motion for the consent agenda? A motion by Commissioner Bradford, a second by Commissioner Morrison. Could we correct in the system? I thank you, Commissioner Sugarman. I heard Commissioner Bradford and then Commissioner Morrison. Seeing no commissioners in the queue, please prepare the screen for a vote. Madam clerk, please report the vote.

We have iPhones from commissioners, Wiley, clay builds, Caswell, Sugarman meals, July, right? Thornton, Morrison, Brooks, Rafferty, the chairwoman event.

We have 12 items that motion passes consent agenda passes. All right. Parliamentarian please read item 19.

chair um items oh going back to Item 19 comes from the public works committee, which is chaired by vice item 19 is a resolution approving the expenditure funds in an amount not to exceed $100,000 to Dyersburg State Community College for the purchase of emergency medical services, education and training services for the Shelby County Fire Department. This item requires the expenditure of FY 2027 fire services enterprise funds to Dyersburg State Community College for said services in an amount not to exceed $100,000. Sponsored by Commissioner David C. Bradford, Jr.

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

This item comes down to a favorable recommendation.

Thank you. Commissioner Sugarman.

Thank you, Madam Chair. And so I've been sitting here for the past four years hearing funds been expended from the fire fund. Yet the Shelby County firefighters continue to serve unincorporated areas and continue to receive less money than the firefighters in Bartlett, Collierville, Germantown, and Memphis. I will continue to fight for equity. And so back in May of 2026, when we had the budget hearings, I asked for very specific information, which I share with my colleagues today. Never received it. The unincorporated areas that will include my constituents also chair events, Commissioner Castle, et cetera. And they continue to spend money, I believe it's $35 in addition to the MLGW bill to go towards the fire fund. Yet they're still overlooked. And so my constituents, they've asked me, as well as the firefighters, we want to see a return on our taxes. We're not receiving it. So again, I do agree with the expenditure. but not with the funding source. So I will be voting this down as well as number 20 and anything else that deals with fire fund if it does not include the constituents in all of the incorporated unincorporated areas. And so I just wanted the public to understand why I'm voting down 19 and 20. Thank you. Madam Clerk, please prepare the screen for a vote.

Madam clerk, please report the vote.

We have I votes from commissioners Wiley, Caswell, Mills, Shalai, Wright, Thornton, Morrison, Brooks, Bradford, and Chairwoman Avant. Commissioner Sugarman has voted no. I have ten ayes and one no. That motion passes.

Commentary, please read item 20.

Item 20 comes from the Public Works Committee, which is chaired by Vice Chair Bradford. Item 20 is a resolution approving the expenditure funds in an amount not to exceed $100,000 to Southwest Tennessee Community College for the purchase of emergency medical services, education and training services For the Shelby County Fire Department, this item requires the expenditure of FY2027 Fire Services Enterprise Funds to Southwest Tennessee Community College for said services in an amount not to exceed $100,000, sponsored by Commissioner David C. Bradford Jr.

I have a motion by Commissioner Sugarman, a second by Commissioner Caswell. Commissioner Bradford, could I have a committee report?

This item comes down with a favorable recommendation.

Thank you. Commissioner Sugarman?

again um we're using fire funds and so i would have preferred the funds come someplace else and i'm going to go down and i'm going to list the differences in salaries i have 2 minutes and 47 seconds and i just want the shelby county firefighter association to know that i am also a union member and i will stand with you The Fire, Fire, Paramedics, and Bartlett.

Commissioner Sugarman, point of order. Is this remain to the item before us? I just want to make sure that we're.

Definitely, it's the fire fund that we're using. The fire fund could be used to raise salaries. We continue to deplete the fire funds. And when I ask, it's very direct.

For example,

Over the course of the 4 years we have told the Shelby County firefighters that there's no money, but yet and still we continue to use the fire fund just like this item. I agree with the item, but now with the funding source. This is very germane. And again, the Bartlett Fire Department pays as firefighter paramedics 82,800 The Collierville Fire Department pays its firefighter paramedics $82,200 and I'm rounding. The Germantown Fire Department pays its firefighter paramedics $82,700. The Memphis Fire Department pays its firefighter paramedics $84,700. And in Shelby County, it pays its firefighters, paramedics, $76,000. This is very germane because we continue to use a fire fund, yet we overlook the firefighters themselves, the unincorporated firefighters themselves. And these individuals in unincorporated areas, they pay an additional $35 on their MLGW bill. And yet, they want to see a return on their funds. And I'm hearing again, once these individuals are receiving services, do you think they're going to stay in Shelby County and work for less money as a firefighter? No. And so is this a good use of the fire funds? I think not. So I'll be again be voting now. Thank you.

I just want to ask the county attorney if you could just share with the body and for the listening public because I don't think that state law allows us to use, um, those funds for the general fund for those services. So if you could just share for the record,

Megan Smith County Attorney's Office. That's correct. Um, the funding source in these resolutions are is an enterprise fund. That means the tax comes from the population using the service. The general fund is not allowed for the fire service in Shelby County because the Shelby County Fire Department does not service the entire county, but only unincorporated.

Commissioner, Vice Chair Bradford.

I don't i agree with commissioner sugarman we need to figure out a better way to fund the fire department um it's not headed down the right track uh that's certainly something we're not going to complete tonight but i think as this body moves forward maybe one of the first items should be putting maybe together an ad hoc or something to study that but i do agree the the fire fund obviously when we tried to build the fire station in cordoba we realized there wasn't enough money to do that either so that's something that just the future body needs to look at but ready to move forward with these items tonight commissioner sugarman

And yes, thank you. And also just on putting the record so the public would know I've asked for this information months ago, still have not received it. So thank you so much.

And commissioners, we are on item 20. Just want to make sure that everyone, um, It's clear. I don't think the screen was reflecting the right item, but we are on item 20. All right, Madam Clerk, please prepare the screen for a vote. Madam Clerk, please report the vote.

We have I vote for commissioners lately as well meals July right Thornton Morrison reference that your woman even mission or sugar man has voted no mission of books as of staying have 9 eyes one no one of them that motion passes.

Parliamentarian please read item 26. Item 26.

comes from the General Government Committee, which is chaired by Commissioner Brooks. Item 26 is a resolution to amend Rules 6 and 7 of the Board of Commissioners' Permanent Rules of Order for the purpose of removing references to the Minority and Women-Owned Business Program in order to comply with applicable laws. Sponsored by Chairwoman Shante K. Avann.

I have a motion by Commissioner Sugarman. Second by commissioner Thornton. Commissioner Brooks, can I have a committee report?

Yes, this item came down with a favorable recommendation. Commissioner Brooks, you're recognized. Thank you. I removed this item from the consent agenda because as I stated during committee, this item represents one of the policy, um, one of the policy priorities if you will of the super majority in the state legislature which i do not agree with which is on the wrong side of history and most importantly injures shelby county now having served in the legislature legislature i understand that some of the laws that we passed um would not pass constitutional muster. They're not challenged in court, so we do not know. But this, just because we have a dictate from the federal government, from the commander-in-chief, does not make it right. So, let's do... Let me just say, I removed it so that I'll be on the right side of history and that when most of us come to our senses, if you will, have the opportunity to change the government in November, we'll restore our democratic principles. Thank you.

Commissioner Thornton. Thank you chair and thank you Commissioner Brooks for elevating those points. I do agree with Commissioner Brooks that there is a need for us to pause in this moment just to acknowledge the fact that as a body we can no longer say black, we can no longer say minority and that's because state law has passed that stops us from being able to probe through these lens around what's happening to our businesses. So before we had to implement and change everything here, we were looking at data between zero to 10% with the likelihood that it was around 2% that we spend with minority businesses in Shelby County. And so for us, it is a huge, problem that we just are now just renaming things without ever really picking up where we left off and identifying that there is a glaring problem in Shelby County. So if you are one of our local businesses, that's the new language that we now use, then You need to speak up for yourself because right now it's harder than ever to be able to see that you don't have the supports that you need and that you are not in the best position to compete when it comes to our businesses, our contracting process. So I hope that the administration will be creative and will actually value looking for the local businesses here that are kind of just lost at this point. We've seen more than ever since the change in the state law, small businesses coming up to just speak on how they do not feel supported and how the process has changed for them. And so this looks like contracts going out for rebid and there's no longer any minority goal put on it. So when we think about what really matters in Shelby County, we have to think about how the dollars are flowing and the fact that we now have to get rid of our local minority programming. it really is going to impact us and has already impacted us. And just to the public's knowledge, this has been over a year in effect. So, um, contracts have been lost and businesses have closed, and that is impacting our ability to be able to keep jobs for local and to be able to continue to expand and grow our local businesses. Um, so I just, you know, can't say enough, um, to the listening public, please, please, please tune into this issue. I've tried the best that I can to keep it at the forefront of conversations, but go back and look at the same offices that we had over a year ago. They don't even exist anymore. And the staff has just been reassigned to other tasks. And so, um, this is a huge, huge glaring impact to Shelby County and we need to continue to fight against this. Thank you.

Madam clerk, please prepare the screen for a vote. I'm Clark please report the vote.

We have I vote from commissioners Wiley play builds Caswell showman meals July right. Morrison Bradford and chairwoman event commissioners Thornton and Brooks about you know we have 10 eyes and 2 notes.

All right, that motion passes. I'm going to go to general comments. George Sumners.

Good evening, commissioners. My name is George Dempsey Summers. I reside at 567 Wiseman, Memphis, Tennessee. I've come here today not only as a citizen but as an employee of Shelby County government to congratulate the outgoing commissioners for serving eight years, also other elected officials in the county. And I am coming from your support services locksmith. I want you to know that behind the scenes I have had the highest integrity in protecting who comes in and out of your office space and has contact with you. I don't know if you know there's only one of me for the entire county, but when you do ask for a key or a lock change, that would be me. But I just wanted to come and tell you, it was a privilege to serve you for the eight years. And, uh, I wish the, uh, best for the incoming commissioners and other elected officials. I'm sure everyone will keep me pretty busy after September one, but, uh, I would just ask for your patience. So that's what I wanted to come and tell you today. And, uh, I wish you the best in your endeavors.

Thank you, Mr. Sumners. It's always the hidden heroes that help keep Shelby County moving the way it should. Thank you so much for your service and your work. We have another general comment, Alexandra Walker. If you could state your name and zip code for the record.

Hi, how are you all? My name is Alexandra Walker, and the business zip code is 38115. I'm coming before this council with a huge concern. I'm the vice president of operations for Steamtots Academy. We met with some of the candidates that ran for election. I'm sorry I didn't congratulate the Republicans and the Democrats that won this seat and the people that have served. But the problem that we have, you are looking for a pre-K for one or universal pre-K. And we have some huge concerns that you have not considered private corporations that are here. You have First State Memphis and you have Porter Leaf that are receiving dollars. Porter Leaf is receiving dollars from your Head Start funding and First State Memphis is your authorizer. But if your authorizer doesn't have a transparent mechanism in place that is fair in its dealings to authorize the different facilities, why are you all allowing this to go on? If you don't have concrete information as to what your preschool students are doing, such as data. Are they really doing a good job? Do you know if they're educating them? How can you continue with this authorizer if we are having problems? You all should know that 200 facilities are having severe issues. We are on the brink of closure. should we are closing our doors left and right and it should be unacceptable to this council that this is being allowed to go on how could this council have an authorizer that is familiar with familiarity of friends and or people that they know but did not vet the operators that they are dealing with how can they have operators that don't have data that tell you if they are academically educating your students And then we speak about that we have violence in our city with our young folks, but it starts in pre-K. And how, if you have these operators receiving dollars, six figure dollars, and they are not giving you the bang for their buck in academia, how does this council allow this to go on? And why haven't you all vetted the process of asking private facilities that are here with millions of dollars in tax dollars coming to your city? Proper ownership. They have millions of dollars. I'm sorry.

I'm sorry. Your time is up.

I'm sorry. I'm just let me eating this for you. I am asking you to someone in here has to listen to the facility. We are business owners here. And we just give me one second. We own our properties here. And I am I am asking this council to help the private preschool facilities to get some help.

That's all I'm asking. You can follow up. Thank you. Thank you. Yeah. Thank you. I appreciate it. All right, item 27. Paul and Terri, please read item 27.

Item 27 comes from the general government committee, which is chaired by commissioner Brooks. Item 27 is a resolution granting an honorary street name change of Carterville place and unincorporated Shelby County to Anna Harwell place sponsored by commissioner Amber mills.

I have a motion by Commissioner Thornton, a second by Commissioner Sugarman. Commissioner Brooks, can I have a committee report?

This item came down with a very favorable recommendation.

Okay, we have one public comment card. Ms. Harwell, would you like to come forward? Good to have you back, both on Wednesday and today. If you could say your name and your zip code for the record.

my name is anna harwell the zip code is 38127 if you could pull the microphone just down a little bit closer to you all right please begin please begin yeah uh it'd be such an honor if i could get this street name after me. One, I got several reasons I would like for this to happen. It's because I've lived in a home that I'm in for 50 years and I have worked for the Shepherd County Sheriff Department ever since January of 79 and I have four sons and seven grandchildren and five great-grandchildren and all of them are just so excited about me getting this done and I even had one to tell me you know this is not going to happen I say it might happen and it might not but I know one thing for sure it will not happen if I don't try and so and I believe in putting all of my effort into doing what i set out to do and i told uh commissioner mill i might not be here today because wouldn't be here today because of school i'm a school crossing god and i have to be there at three o'clock and the lord saw fit for this for me to be here today so school is out today and so here i am it would be an honor for me to get this done but if not so be it miss harland how long have you been a crossing guard ever since January of 79. And oh yeah, I didn't even say. I didn't tell the most important thing. My most important thing is I'm 80 years old and still working as a crossing guard.

Yeah. We appreciate your many years of service. Commissioner Rooks, you're recognized.

I pull, well, Ms. Harwell, thank you again for being here. Thank you for bringing respect to this commission. I appreciate the fact that you decided there was something that you wanted, there was something on your bucket list, and you just decided to step forward and go after it. I like that spirit. But mainly I pulled this from the consent agenda in order to be added as a co-sponsor.

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

Thank you, Chair. It's so good to see you again. You had us in almost tears in committing. Your presence is just very powerful. And so I think that you're going to get that street renaming, and I would love to be there. So don't forget to invite us all, even the ones that are rolling off the commission. I know that's right, everyone. I would like to be added as a sponsor, Chair.

I have a motion by Commissioner Thornton, a second by Commissioner Sugarman. Can we do that without objection? Seeing none, so moved. I'd like to make a motion to be added as a co-sponsor. I have a motion by Commissioner Avant, second by Commissioner Sugarman. Can we do that without objection? Seeing none, so moved. Ms. Harwell, thank you for being a bright, shining light for us today. I'm so glad that you were able to be here to see this come to fruition. Madam Clerk, please prepare the screen for a vote. And thank you, Commissioner Mills. Madam Clerk, please report the vote.

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

That motion passes. Thank you, Ms. Harwell. Madam clerk, please read item 32 and I know we are on 3rd reading for the ordinances. If you could read. For the record summary.

Yes, ma'am so I have. We have items 32 through 37. Each of these will be an ordinance on 3rd reading and I will remind you after each 1, but if you will allow me to read the summary for each after. Each is properly before us. Item 32 comes from the Law Enforcement Corrections and Courts Committee, which is chaired by Commissioner Wright. Item 32 is an ordinance third 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., Commissioner Henry E. Brooks, and Commissioner Brittany Thornton.

I have a motion by Commissioner Sugarman, a second by Commissioner Thornton. Commissioner Wright, can I have a committee report?

Yes, Madam Chair. This comes out with a favorable recommendation.

Okay. If you could read the summary, Parliamentarian.

The summary for this item is as follows. This is an ordinance to amend the Shelby County code of ordinances by amending chapter 10, article seven sections, 10 dash three 73 definitions and 10 dash three 88 temporary housing for children, creating rules for the seclusion and restorative practices in the youth justice and education center. Uh, this item requires a majority vote for adoption. So that's at least seven.

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

We have I votes from commissioners Wiley, Clay Beals, Caswell, Sugarman, Shalai, Wright, Orrington, Brooks, Bradford, and Sherwin-Avon.

We have 10 I votes. That motion passes. Parliamentarian, please read item 33.

Item 33 comes with Land Use Planning, Transportation and Code Enforcement Committee, which is chaired by Vice Chair Bradford. Item 33 is an ordinance third 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 Davidson Bradford Jr.

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

This item comes down with recommendation.

Thank you. You could read the summary, parliamentarian.

For this item is as follows. This joint ordinance known as ZTA 2026-002 will amend Article 9 of the Memphis and Shelby County Unified Development Code to create a process by which the governing bodies may replace the zoning map in its entirety. The current code does not include such a procedure. This ordinance requires the affirmative vote of the majority of the full commission, which is at least seven votes. Because the code is a joint ordinance with the city, this ordinance also requires approval by the Memphis City Council.

Is there a report from staff?

Good afternoon, Commissioners Nichols, Water, Division of Planning and Development. As you know, we've discussed this item in committee. We're here to give a full presentation if you'd like to hear one, but otherwise we're available for your questions.

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

We have I votes from commissioners Wiley clay be ups Caswell sugar man. July right or 10 Morrison Brooks Rafford and chairwoman event we have 11 items that motion passes.

Parliamentarian please read item 34.

Item 34 is an ordinance 3rd reading ordinance to amend the ship. Excuse me item 34 comes from the general government committee which is chaired by commissioner Brooks item 34 is an ordinance 3rd reading ordinance to amend the Shelby County code of ordinances by amending chapter 2 article 4 division 2 to add a new section 2 dash 191 finance report sponsored by commissioner Eric sugarman deciding was sent down without recommendation August 19 2026 committee meeting.

I have a motion by Commissioner Thornton, a second by Commissioner Sugarman. Commissioner Brooks, could I have a committee report?

Yes, this item was sent down without recommendation. Okay.

Could you read the... Can we move this one down because we are accidentally making two summaries at the same time. She didn't get to do something for this one. I need her to send it.

All right, I'm going to move this item to the hill. We're needing to get the summary sheet. So I'm going to move this item to the hill. I'll make a motion. Can I do that without objection? Okay. All right, let's move. Parliamentarian, please read item 35.

Item 35 comes from the Equal Opportunity Committee, which is chaired by Chairwoman A. Vann. Item 35 is an ordinance third reading, ordinance amending Shelby County Government's locally owned small business, LOSB, ordinance section 2-224 in order to apply 25% LOSB goals for construction and construction-related services based upon market availability and to maintain the sheltered market threshold at less than $50,000 in the county's procurement process. Sponsored by Chairwoman Shanteke Avant, Commissioner Miska Clay-Bibbs, Commissioner Mikel Lowry, Commissioner Charlie A. Caswell Jr., Commissioner Henry E. Brooks, Commissioner Brittany Thornton, and Commissioner Erica Sugarman.

I have a motion by Commissioner Sugarman and a second by Commissioner Thornton. This came down with a favorable recommendation. Vice Chair Bradford?

I'm not going to make any amendments to this because I think this is good to pass tonight. I think it's a great idea that we're increasing this to 25%. Mr. Wildman provided us an email that stated that the value for the threshold for construction hasn't changed since 2007. Construction costs have increased about 81% since 2007. So that's a pretty significant increase and we're not changing our threshold. So I don't think that's anything we need to change tonight. I think Mr. Wilbin is gonna study that a little bit further and maybe make some recommendations using our outside consultant. But I just wanted to throw that out there to let everybody know that we may be a little below the standard there, but I think we should move forward and maybe have additional studies in the future on it. Thank you.

All right, I'm going to read this summary.

The summary for this item is as follows. Ordinance to amend the Shelby County government's locally owned small business LOSB program ordinance section 2-224 in order to apply 25% LOSB goals for construction and construction related services based upon market availability and to maintain the sheltered market threshold at less than $50,000 in the county's procurement process. This item requires a two-thirds majority vote and so that requires a minimum of nine votes to for adoption all right saying no commissioners in the queue please prepare the screen for a vote

Madam Clerk, please report the vote.

We have I votes from commissioners Wiley clay builds Caswell Sugarman July Thornton Brooks Bradford and chairwoman event. We have 9 eyeballs that motion passes.

Yes.

All right, we're going to go back to item 34.

yes ma'am so i'm gonna just uh reread uh bring us back up to speed so item 34 comes from the general government committee which is chaired by commissioner brooks item 34 is an ordinance third reading ordinance to amend the shelby county code of ordinances by amending chapter 2 article 4 division 2 to add a new section 2-191 financial reports sponsored by commissioner erica sugarman this item was sent down without recommendation august 19th 2026 committee meeting This item was moved by Commissioner Thornton and seconded by Commissioner Sugarman. The committee recommendation was written to the record and the summary is as follows. This ordinance to amend the Shelby County Code of Ordinances by amending Chapter 2, Article 4, Division 2 to add a new Section 2-191 financial report sponsored by Commissioner Erica Sugarman. This item requires a majority vote for adoption and that would be a minimum of seven votes.

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

We have aye votes from Commissioners Whaley, Clay Bibbs, Caswell, Mills, Chilai, Wright, Thornton, Morrison, Brooks, and Chairwoman Avang. We have 10 aye votes.

That motion passes. Parliamentarian, please read item 36.

Item 36 comes from the Milton community enhancement grants committee, which is chaired by commissioner Thornton. Item 36 is an ordinance. Third reading ordinance by the board of commissioners of Shelby County, Tennessee to establish additional accountability reporting and eligibility requirements for grants as approved by the Shelby County board of commissioners sponsored by commissioner Erica Sugarman, commissioner Mick Wright, commissioner Brittany Thornton and commissioner Amber Mills.

I have a motion by Commissioner Sugarman, a second by Commissioner Thornton. Commissioner Thornton, can I get a committee report? This item comes down with favorable recommendation. You're recognized, Commissioner Thornton.

Forgive me, I wasn't in queue.

All right. Paul Montero, if you could read the summary.

This item is an ordinance by the Board of Commissioners of Shelby County, Tennessee to establish additional accountability reporting and eligibility requirements for grants as approved by the Shelby County Board of Commissioners. This item requires a majority vote for adoption, which is a minimum of seven votes.

All right. Seeing no commissioners in the queue, please prepare the screen for a vote. Please report the vote.

We have I vote from commissioners Wiley clay fields should come in mill July right for 10 Morrison Bradford and show on a bank commissioners can as well and Brooks that would sign of 10 eyes and to abstain that motion passes.

This Hicks is going to Hicks my apologies that we did not get you when the item was before us if you'd like to still come speak on the item please feel free to come to the podium.

Good afternoon, Glenda Hicks.

If you could state your zip code.

38109, 38134. I am asked to speak on item 32. And of course, I've come before this body before addressing concerns with how you all operate and the lack of checks and balances that are in place. Item 32 dealt with the Juvenile Justice Correction Center. And of course, I had come before this body regarding funds that did not follow the new contract for the Juvenile Justice Center, over $2 million. So you all are addressing funds that remain from the FY26 funds and that issue was never addressed. I need to know what happened with those monies and why they did not follow the contract for the new Juvenile Justice Center. I would appreciate that item being addressed. And let me just say that it hurts my heart that you all sat here and did not honor, this is the blackest county in Tennessee. And how you all sat here and just dismissed the fact that minority businesses are not going to be acknowledged is an issue. We talk about doing what's best for Shelby County, yet and still you look over the majority of Shelby County. doesn't make sense, guys. And you say you want to operate in the best interest of this county. Sounds like it's some personal issues going on and bias issues going on and you're not acting in the best of the citizenry that you're supposed to sit in that seat to serve. So I would appreciate your reconsideration. I know you can back off or bring items back, but come on guys, let's be serious.

Six, I just want to clarify for the record, that was an administrative cleanup based on where we are with state law.

Based on?

It was a cleanup of our permanent rules. It's not us eliminating the MWBE program. State law. did that a year ago.

So you all could not make any concessions. You're saying that you had to acquiesce and go along with what was said when it totally defies the best interests of those in the county.

Just a moment. I'm making sure that I'm addressing because I think our personal opinions about which laws are impacting individuals within the county are not always what we feel we can say from this body. But we're just that was an administrative function to clean up our permanent rules because we don't necessary. We don't have an M W B E. That program was suspended per state law per state law. All right, we're gonna move on to the next item. I wanted to make sure I'm clarifying for the record.

So could I get the specific wording of the changes? Is that possible?

The change that we approved, which was an administrative function of our permanent rules, References where in our permanent rules, we had a committee called the Minority Women Business Enterprise. We no longer have that. And so our permanent rules needed to reflect that as compliant with state law.

Okay. So again, you did not answer my question, but I understand what you're saying. But again, that does not negate what I said.

It doesn't, but I'm just wanting to make sure that we're clarifying for the record what was happening as a part of the vote this body took. Parliamentarian, we're gonna move on to the next item, which is item 37.

Item 37 comes from the Core City Neighborhoods and Housing Committee, which is chaired by Commissioner Brooks. Item 37 is an ordinance third reading joint ordinance of the Shelby County Board of Commissioners and Memphis City Council to amend ordinance numbers 581 County and 5946 City to repeal and replace the existing building home program implementation plan and to establish a building home program application fee. Sponsored by Commissioner Henry E. Brooks.

We have a motion by Commissioner Sugarman, a second by Commissioner Thornton. Commissioner Brooks, could I have a committee report? This item came down with a favorable recommendation. Commissioner Sugarman, you're recognized. Yes, I make a motion to be added as a sponsor. I have a motion by commissioner Sugarman a second by commissioner Bradford. And we do that without objection seeing none. So moved commissioner Thornton. You're recognized.

Thank you chair. Um, can you remind us what will this application fee go towards and how much do we anticipate will be created as a result of adding the fee?

Thank you, Commissioner Thornton. Brett Ragsdale with the Division of Planning and Development. This would go toward any administrative items that we would have in the future. We're not intending to implement that immediately, but as we move forward and it becomes more of a program that we are using and we're having to invest in software and personnel, we might elect to administer that fee. So, and you know, it would not be at $75, it wouldn't be a huge amount that would generate, but it would just help offset some of those costs that were currently internally burdening.

Thank you for that. And who pays the $75 fee?

Thank you, Brett Ragsdale with the Division of Planning and Development. It would be the applicant that would pay that fee.

And can you just tell the public what are they applying for? When would the fee be assessed? At what point in the planning process?

it would be assessed when they do submit the application. And so it would, uh, be, uh, you know, when they submit the application online, we would go ahead and take the application and then we wouldn't process it until we received the fee for that.

I guess, um, director, what I'm trying to get at is the building home program. Who, what is the program and why are people applying for it? Or, you know, what does it give to the public?

Sure. Thank you. So it is a program that is trying to utilize taxed properties and land bank properties that are currently not activated. And so there are vacant properties currently that we're trying to incentivize the public and investors to build single family homes. particularly, so that we can give these properties to the public for review. And if they see something that they think that is something they would be interested in building on, that they can apply for this, we would grade these applications from the developers that submit, and they would have a certain criteria. And if they meet that criteria, then we would offer those properties at no cost or a low cost. And so again, it would be properties that are currently not on the tax base that are not being really sought after for development.

And thank you for that explanation. So this is to developers, it's a conveyance of sort to developers for $75 to be able to be considered. And after they pay the fee, is there any other process beyond the application of being vetted to actually be conveyed the property?

Yes, it would have to have a resolution that would convey the property if they were selected, and we would go through the process of then conveying that property through resolution through the program.

And would they be able to make bulk properties a part of the application, or is it just one parcel at a time?

You can do bulk. I have to ask really quick, how many properties you could do at one time? Do you? Yeah, so we're starting out at 10 maximum properties at one time.

Okay, thank you.

Commissioner Thornton, are you back in the queue again?

Yes, ma'am.

You're recognized.

Thank you chair. Um, so for this particular program, where are you at in the process of making this public? Um, and I guess what type of PSAs do we need to put out since we have a listening audience today that is pretty healthy, um, to be able to get people excited about this. Um, I know that we've done a lot with emerging developers. Can you just speak to who's the target audience for this and what do they need to do to get prepared for this opportunity to be here and available for them?

Sure, Brett Ragsdale with the Division of Planning and Development. We have the website. It is live. It's been live for some time. We also have some flyers that we've been distributing, and they're at our service counters. I think once we get through this process of getting this ordinance approved, targeting the emerging developers, because this is intended to be an incentive for emerging developers. to really work with that group of developers. So yes, we're excited. We're glad that people are listening today and we have our flyers that we'd be happy to provide to the commission and be able to share those as you could. So yes.

Okay, two more questions. What is the website and when it comes down to how this particular process will compete with the market? Do you foresee? You know, there are a number of emerging developers and developers out in the market. And if they can get up to 10, convey properties max, I know that our goal is to bring these properties back on the tax roll. So we would love to see competition. But do you anticipate that for individuals that are just everyday purchasers of land bank property, that this will minimize the amount of properties that they have access to?

No, I don't think it would minimize at all. These properties would still be available through the land bank. And so until they would be conveyed to someone through the building home program, they would still be available. So it wouldn't minimize anyone's access to those properties currently. And your other question?

Just the website, but you made me think about one additional question. So if you put your deposit down for the contract and say someone also applies for the same parcel to be conveyed, what type of priority would win the ultimate access to the parcel?

We have a scoring criteria in the application. So that's how we would ultimately select who has that property. And I would say that we would, you know, if someone applied for a particular parcel and they did not get that because there was competition and the application fee, that we would allow them to move that to an additional parcel.

So they wouldn't lose their application fee. Correct. Awesome. Thank you. And the website.

Yes, the website. So it's on our develop901.com. And then it's department-of-housing and then slash housing-programs. And I'd be happy to send that to you. But that's the direct link. So thank you.

Parliamentary, you could read the summary.

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

Okay.

No, that's not a substantive change.

I have a motion by Commissioner Thornton, a second by Commissioner Sugarman. Can we do that without objection? Seeing none, so moved. Please read the summary.

The summary for this item is as follows. This item modifies the Building Home Implementation Plan attached to Exhibit A to Ordinance 581 and establishes a fee to support ongoing program implementation costs. The modifications to Exhibit A are Section 1, Administering Agency. The URL is updated to develop901.com And the slash housing is removed given recent and potential future changes in web page routing within develop901.com. Section 3, criteria for property selection, multifamily. The word warranty is replaced with quick claim deed. Bracket 5 is added after the word 5. Section 4, criteria for property selection, single family. The word warranty is replaced with quick claim deed. Bracket 5 is added after the word 5. Section 5, conveyance of property. The following language is added to explicitly state that the jurisdiction has the ability to waive back taxes. The Shelby County Board of Commissioners may waive any and all back taxes, liens, and fees on subject properties consistent with TCA Section 7-66-108. Section 7, Coordination Efforts, Bracket 5 is added after the word 5. This ordinance requires the affirmative vote of a majority of the full commission, seven votes. Because the code is a joint ordinance with the city, this ordinance also requires approval by the Memphis City Council.

Seeing no other commissioners in the queue, please prepare the screen for a vote. Please report the vote.

We have I-votes from Commissioners Whaley, Clay Bibbs, Caswell, Sugarman, Shalai, Thornton, Morrison, Brooks, Bradford, and Sherwin-Avon. We have 10 I-votes. That ordinance passes.

Commentarian, if you could read item 38.

Item 38 comes from the Land Use Planning, Transportation, and Code Enforcement Committee with Vice Chair Bradford as chair. Item 38 is a resolution pursuant to Chapter 9.6 of the Unified Development Code of the County of Shelby and the City of Memphis, Tennessee, granting a planned development for land located at 0 Pisgah Road, known as case number PD2026-012CO, sponsored by Commissioner David C. Bradford, Jr. This item was substituted on August 19th Twenty twenty six committee meeting.

All right. We have a motion by Commissioner Thornton, a second by Commissioner Sugarman. Commissioner Bradford, Vice Chair Bradford, could I have a committee report?

This item comes down without recommendation.

Commentary, and if you could read the summary and then we'll take any commissioners in the queue.

Don't have a story for this one, but we're going to read the applicable procedure.

Sorry. Thank you. Yes, ma'am.

The applicable rule is 32 F public hearings two at commission. The following procedures shall be utilized on land use cases during any regular or special meeting of the Shelby County Board of Commissioners. We'll begin with a staff presentation. Staff presents introduction and description of case. Commissioners may ask questions of staff during this time. Then the applicant's presentation, a 10 minute maximum. The applicant shall present his or her case. Supporters may also speak during this time. Commissioners may ask questions of the applicant or supporters during this time, but only while each speaker is at the podium and before the next speaker has been recognized by the chair. Then we have the opponent's presentation, a 10 minute maximum. The opponents shall present their case. Board members ask questions of the opponents, but only while each speaker is at the podium and before the next speaker has been recognized by the chair. Please note that as it pertains to these presentations, these times, the 10 minute time period is cumulative. For all speakers, the chair may elect to allow additional time to both sides provided both sides are given equal time. Additionally, the 10 minute maximum time limit or any additional time provided by the chair shall not include question and answer periods between the applicant supporters or opponents and commissioners. The rebuttal by the applicant is a three minute maximum. Then you have your final question and answer period. Commissioners may ask questions of applicant supporters or opponents during this period. Any board member may recognize any party in the audience to ask questions. Then we have discussion. Once seconded, the commission chair will call for discussion. During discussion, commissioners may ask additional questions of staff. Additional questions may be posed to the applicants, supporters, and opponents, but only upon the passage of a motion to suspend the rules to reopen the public hearing. Once reopened, the commission shall allow equal time to applicants, supporters, and opponents. And lastly, the chair calls for a vote.

All right, we will first have a 10-minute presentation by the staff, although it may not take 10 minutes, but you have that allowed to.

Good afternoon. I'm Chloe Christian with TPD. I'll be presenting this case, PD2026012. And I believe there is a presentation or a PowerPoint for this item. It's for item 38. Thank you. So just as a refresher, I'll give a brief version of this initial part of the presentation as it was presented at committee last week. But this is a plan development request for an employment plan development, which was previously known as a rezoning case, case number Z2025003. I'm sorry, Z2026003. And initially, the request was for a rezoning to employment. And that request was recommended for rejection by the Land Use Control Board at the May 14th meeting. However, the commission remanded the case back to the Land Use Control Board to be re-reviewed as a plan development, which is why we are here today. That plan development request is what you're viewing now, the Twinwood plan development. Next slide, please. So the property is currently zoned conservation agriculture and is surrounded by a mix of land uses, which I will get into later in the presentation. Next slide, please. Here are some photos of the subject property. It has frontages on Pisgah Road and Houston Levee Road. Next slide. This is the preliminary concept plan that was provided by the applicant. They're proposing three access points on either side of the property, three on Houston Levy and three on Pisgah Road. Next slide. This is an additional submittal from the applicant. Next slide. So getting into the uses that may be permitted with this request, the applicant is requesting any use permitted by right in the employment district, which is Light Industrial District, with some restricted uses called out. So as proposed, the uses that would be allowed would be a variety of warehousing uses, outdoor storage, potentially a convenience store with or without gas pumps, and things of that nature. Next slide, please. And in conclusion, as staff, we have recommended a rejection of this request given the existing character of the surrounding area and the properties within the vicinity. We find that the potential for whatever industrial uses may be allowed with this request are just not compatible with the nature of this area. And especially in regards to the increase of industrial vehicle traffic that could be presented with this request and the road quality and What wideness of the road does not support a request in this nature and as such we find that the project will have a detrimental Or undue effect on the adjacent property in the character of the neighborhood next slide, please So as staff we have recommended rejection of this request however the land use control board recommended approval of this request with a five yes vote and three no vote next slide and So to get into the presentation from the applicant at the Land Use Control Board meeting, we did want to respond to and clarify some of the points that were raised in the applicant's presentation, specifically in regards to the roads and the surrounding character of the site. So next slide, please. The applicant did refer to some road widening plans from MPO, the Metropolitan Planning Organization. But we have confirmed with MPO that these plans are old and not currently relevant. They come from plans from 2020 that have since expired. And this slide also points that out as well. The projects that were mentioned are no longer relevant and we do not find that they should be considered in the justification of this request. Next slide, please. Again, this plan is a plan that was from 2000 and was not actually implemented. So we just wanted to point that out for the record. Next slide. And the final point that I'll make is one of the other claims made in the applicant's presentation was in regards to the lack of residential or civic properties in the immediate vicinity. And I know Commissioner Brooks, you did ask at committee the distance of Mount Pisgah Middle School from the site. and that is a two-point mile distance between Mount Pisgah Middle School and the subject property. Cordova High School is also 3.5 miles away from the property, and this map just calls out some other residential and civic uses that are within less than a mile or a one-mile radius of the site. And with that, I conclude my presentation. Thank you.

Okay, now give opportunity for the applicant to make a presentation. I'm sorry, are there, Commissioner Brooks, my apologies. Commissioner Brooks, you have a question?

Just for the staff, I can't remember what we're talking about it. The neighborhoods, I know this is two lane highway and all of that, so the homes are spread out. So what is the proximity of the closest neighborhood, well, homes, if you will, because they're so scattered, it's hard to call a community, but I guess they are.

Yes, if we can maybe go back to the last slide, it shows, I don't know the exact proximity, but there are residential neighborhoods within half of a mile radius of the site.

Okay, so if we're going east, east from Grace Creek Church, So is the subject property east of Grace Creek Church?

I'm not sure of the location of Grace Creek Church. I'm sorry.

Okay. Well, it's mentioned right here because I think you all did. Okay, why don't we just go ahead and let the applicant go up and make their presentation. I'll find it for you.

Please state your name and who you're representing for the presentation. Yes, ma'am. Good evening.

Commissioners and Madam Chair, my name is Dedrick Britnam. I'm a lawyer here in Memphis. My address is 3385 Airways Boulevard. I represent the applicant. I also have here the applicant, Mr. Chambliss, and his partner, Mr. Brown, and Ms. Cindy Reeves is also supporting this application.

Okay. You'll have 10 minutes for your presentation.

Thank you. I will make some brief remarks, and then we'll turn it over to Mr. Bo Chambliss, and he has answers to the questions that Commissioner Brooks asked. Ladies and gentlemen, this is a plan development, and we went back to the Land Use Control Board with the plan development for employment uses. The Land Use Control Board voted five to three Approval with conditions. So we're now back before the County Commission with approval with conditions. This is about employment. This is about bringing jobs back to Shelby County. We're losing jobs in Shelby County, so this is an opportunity to increase the chance to bring more jobs to Shelby County. With that, I'm going to turn it over to Mr. Bo Chambliss, who will go through a presentation. And you should have booklets passed out regarding this presentation. Thank you.

Thank you, Dedrick. Good afternoon, Madam Chairman, members of the board. My name is Bo Chambliss. I'm with Chambliss Capital here on Case PD 2026-012, the Twinwood Plan Development, about 53 acres at Houston Levee and Pisgah in District 1. Commissioner Mills asked us to return as a plan development rather than a straight rezoning. And on August 13th, we came back as a plan development and the Land Use Control Board reviewed our plan and recommended approval. We're asking you to adopt the Land Use Control Board's recommendation. The property is Conservation Agriculture, CA, and CA is Shelby County's standard holding zone for land awaiting development. This site has been idle and heavily vegetated for decades, never in active agricultural use. We're proposing a carefully conditioned employment-based plan development. EMP is the district specifically designed for clean employment generating uses, supports the long-planned Houston Levee Corridor, and brings ready infrastructure online for jobs and tax revenue. We respectfully ask for your approval. Next slide. The concept plan places the larger small bay flex space buildings to the east self-storage buildings to the west, non-disturbed landscape buffers run along both frontages. Final access points remain under county engineer control. Next slide. Chandler's Capital is a locally based Memphis development company. The property belongs in the historic Wood Family track and is one of the last large unbuilt parcels along Houston Levee east of Morning Sun. Next slide. Three facts decide this case. First, the neighborhood is overwhelmingly vacant, not residential. Second, the infrastructure is already in the ground. And third, the corridor is designated and already being improved through the same developer-driven process used in this stretch of Houston levee. Every adopted plan points in the same direction. Next slide. The surrounding zoning is already mixed and transitional. EMP exists nearby to the southwest. OG and CMU1 sit directly across Houston Levee and IH is present on Leno Road. Important context on Houston Levee, you can already see four lane sections in front of recent developments along this corridor. Those improvements were delivered through the same developer driven dedication and construction process we were proposing. Exactly the mechanism deployed directly north and one mile south on Houston Levee. Next slide. The numbers confirm it within the 750 foot extension from the property line, the UDC requires us to study known as the neighborhood notification area. 80% is vacant land and another 12% is roads or county land. Only 7.6% is any kind of residential use. Multifamily to the north, a boarding house, and there is land at the Southeast corner that is single family. However, the actual dwelling is located outside the notification area. There are exactly zero single-family homes inside the 202-acre neighborhood notification area for this site. And to answer your question, Ms. Brooks, the closest home is roughly 1,000 to 1,200 feet away. Commissioner Brooks, I apologize. And so, next slide. This is the site today, vacant, heavily vegetated and awaiting development. Next slide. Compatibility is physically built into the site. The nearest single-family residence lies 1,000 to 1,200 feet from the property line, which is more than three football fields away and separated by Grays Creek with its 200-foot no-build setback on each bank, the 100-year floodplain, the 500-foot wide TVA transmission easement, heavy mature vegetation, and intervening CA land. These are permanent, unbuildable natural barriers between any activity on this site and the nearest homes and are far greater than any buffer the UDC could ever require. The intensity concern is addressed by both distance and design. Next slide. Every utility an employment district needs is already on or adjacent to the property. The TVA power less than a mile away with the easement on site, city of Memphis sewer runs across the property, MLGW water mains on both frontages, gas pipeline on the south boundary, and long haul fiber along Houston levee. Next slide. You can see it all here, power, fiber, gas, sewer, and the floodplain. The site is already inside the utility footprint and the same constraints that make this land right for employment also create the natural separation from homes we just walked through. Next slide. We acknowledge the county engineer's comment that no public widening project is funded in the short term CIP or TIP for this segment. And that is accurate. But know what the County engineer actually asked for. The engineer reviewed this application and did not find the roads inadequate or the traffic a detriment. The engineer required a trip study and dedication and improvement of the frontage. That is a study and improve instruction. And it is exactly what our outline plan commits us to do. On this corridor, localized lane widening is delivered by developer mandate, not by waiting for County capital. Next slide. 100% of the existing four-lane sections on Houston Levee between Macon and 64 were built by developers as conditions of approval. This road is not widened ahead of growth, it's widened by growth. Our frontage is about 1,250 feet, 7% of the whole stretch between Macon and 64, and 17% of what is still unimproved. Approving this PD means we dedicate and improve 54 feet from the center line, the very mechanism that produced the improved sections you already drive on today. A denial does not build that road, approval does. Next slide. Consider for a moment what these uses actually are. Self-storage and small bay flex space are quiet, screened, low impact, not polluting, not loud, not an eyesore. Storage lets residents keep a smaller, more affordable home. Small base space is where local trades work, the HVAC company, the electrician, the plumber who live right here. These are amenities that serve residents and support the local economic engine. Next slide. Because this is a plan development, these are conditions of the outline plan that run with the land. 24 intense uses are prohibited, including the two staff, including the two the staff report singles out. We heard that concern and we eliminated those uses. The uses we are targeting are low traffic and fit the corridor, self storage, small bay flex space, last mile sorting and distribution, ghost kitchens, which is commercial food preparation, research and development and professional offices. Any material change returns through public review and I live within a half mile. Next slide. The public benefits are immediate and substantial. 53 acres of Idaho Greenbelt land becomes productive employment land. Tax assessment lifts roughly 16 times on approval and again at development. And it delivers what the 1999 Shelby County Growth Plan called for. Employment centers moving eastward and southeastward into the Grays Creek Basin, which is exactly where the site sits. Next slide. To illustrate the potential economic upside, we've included the last mile distribution as a hub, for example. A last mile hub is low traffic by design, electric vans, potential rooftop drone launch and drone delivery. 30 to 60 minute delivery windows, one hub can serve about 175 square miles. The result is fewer vehicles on the road on Easton Levee, not more. And illustrated full build out ranges given estimated 30 to 55 million in private investment, 125 to 300 permanent jobs, 5.6 to 18 million in annual payroll distribution that takes vans off the road, not onto it. Next slide. So we respectfully request approval of PD 2026-012. And we ask that you adopt the recommendation the Land Use Control Board made on August 13th. Three points to close on. The plan is fixed and conditioned. Self-storage and small bay flex space bound by the outlined plan. The second is the infrastructure's already there. Power, sewer, gas, water, fiber are on or adjacent to the site. And third, your approval improves 17% of the still unimproved Houston levy between US 64 and Macon. Using the same developer driven localized lane widening that has already produced every existing four lane section on the corridor. Thank you and I welcome your questions.

Alright, just I was giving a little latitude. You had about 30 seconds over your time, so if the staff would like to. And anyway, um, make a presentation that I don't think they even used up all their time, but we're going to allow commissioners to go into the queue for questions. Um, before we have any other discussion, commissioner Brooks, just a couple of questions.

And first I need to say to Mr. Brittenham, attorney Brittenham, I didn't ignore your calm, but I thought it would be best for us to conduct these questions and the public. Um, Just one question to the applicant. Are you the applicant? Yes, ma'am. Okay. What's your name?

My name is Bo Chambliss. Bo.

Okay. Bo.

Yes, ma'am.

Let's go to the jobs, the employment, and that's good, but I need a little more information. What kinds of jobs are we talking about?

Well, so in this scenario, it was last mile distribution, so it would be... It would be basically warehouse workers in the small bay flex space, or the sorting and distribution of parcels. Warehouse?

Yes, ma'am. Distribution? Yes, ma'am. Okay. At what wage? Living wage? Prevailing wage? Minimum wage?

I would imagine it would be a prevailing wage.

Madam Commissioner, may I respond?

Yes, sir.

I guess you need to identify yourself for the record.

Sorry. Oh, Dedrick Britton, I'm sorry. This site is ideally situated with an employment zoning, it could have medical device facilities on this site, like Smith and Nephew and the other ones that are here in town. Those are the kinds of uses that we would like to see on this site. Good-paying jobs, well-paying jobs that are long-term type jobs. So it's not just distribution, but also be the types of jobs that we'd like to see with medical device providers.

And I can appreciate the full amount of time. Let me just say this. We do need to have high-paying jobs. We don't need more of the same, because more of the same will continue to produce more of the same. So, I'm concerned about that. We are building apartments or houses where people who are in distribution and manufacturing, logistics, that kind of thing, cannot even afford to rent them, if you will, not to mention buy them. So we need to think about a rethink how we are paying, compensating individuals for these logistics jobs if we are going to continue to do that. We're gonna stay in this business. So that's just one thing I'm really concerned about. But then the next thing that concerns me, and we don't have a record of it, and I hope staff can get it, I really want to know the reason why the motivation, why those three land use control members rejected this project. And why they, if they did, you said they did, but why didn't they put their rejection on the record? It's just something doesn't feel right about that.

Thank you, Commissioner Brooks-Bracken, Division of Planning and Development. So they did vote no on the case. And so when we called the roll, you know, they voted no and there were five yeses. And as I mentioned, you know, I can't really – I don't want to speculate, but we did make our presentation. And our presentation, just as it is today, really relied most heavily on the transportation, the roads that are in the vicinity that – are for the foreseeable future and as the applicant has mentioned these are development driven widenings and dedications which is slow moving you know they're mentioning plans from 2020 and 2019 for you know projected road widenings that still have not occurred so we're 26 years sometimes later and so I think you know that's our main concern and I know there's a talk about the small bays and the contractors and things and this is a large property and it was mentioned that this is me less traffic on Houston levy and not more and I'm not sure how that works so I think that the the roads that are existing there north and south are what we mainly focused on in our presentation so I would have to think that that may have been what they were really listening to

Well, we'll have to wait for them to come forward on the record. Thank you. I'll get back in the queue. Commissioner Whaley.

yep thank you madam chair um my my question is around i think i have a good understanding of the proposal here but uh my understanding mr chambliss just to understand exactly what your role it tends to be in all this like do you intend just to develop the site or do you intend to be in some kind of joint venture with the developer of the property whether it's self-storage or small bay industrial or a combination of both if if you intend or if there's some plan to be jointly involved in the construction of it not just the site prep um can you help us understand like what your your understanding of the lease up schedule phases like what has to trigger the phases you know how long is this project uh and then if you're a owner in any way do you intend to keep the property or sell it when it's leased up to another operator? So just, you know, all that might be moot if you're just developing the site and you don't plan on being in a joint venture with the developer, or if you are, then there's some other questions around sort of how you envision your role in that going forward.

Sure. So it started out with the self-storage project, and that is the one that I would likely have the most interest Most hand in, it would be developed in two phases and it leases up at, I want to say it's a 12 to 24 month lease up schedule. It's roughly 2400 square feet. per month is the metric. But as far as the small bay industrial, it remains to be seen as to whether or not I'll be participating in the actual construction of that one. It's possible that we could sell that beforehand, but that's the beauty of the planned development is that the conditions run with the land, so any future owner would be bound by the same conditions.

Okay. And so, you know, part of this too is, is, you know, if you're going to do all of this site work, you know, we wouldn't want a situation where I'm sure you wouldn't either, where you do all this and it just sits there. You're hoping for someone to, to build something on it. Um, but it doesn't happen. So that's where I'm getting at. Like, are you also planning to help develop this property rather than just clear the site, uh, and tie in the infrastructure?

Sure. Sure. So this is a project that we're developing. It's family land, and so we intend to be long-term stewards of the project. And, you know, as far as the development of the storage facility, yes, I have, like, full feasibility studies on that, and there is demand for it. And it's not something that we're just, you know, uh jumping into but yeah i mean i do have a full feasibility study on it it's just the presentation was already maxed out as it is um i'd be happy to share that with you if you'd like commissioner brooks i think commissioner way to open up a whole new train of thought here i initially thought that the entire acreage would be developed by you

With the project and we're a project but what I'm hearing I guess maybe I'm not hearing correctly only a partial of the park the 53 will be developed. Is that true?

I'm sorry.

I didn't hear that last part Will you have a development for the entire 53 acres Yes, ma'am. You'll have a okay. Tell me what that development will be and

Yes, ma'am, so we're starting with the self storage facility and we would like for the. For the small bay industrial, or the remaining usage to to come after that. And so. I do intend to to be involved in the development of it and but my point earlier was. That if I'm not involved in the development of it and we do sell off the remaining acreage to plan development is is conditioned and it's and it runs with the land so any future and or would would have to play by the same rules that.

Okay, so that the self storage would take up 53 acres.

Now that now that would take up about 5 the remaining would be so what will the remaining acreage consist of. Well it's it's John is small Bay industrial. If you look at. Slide 3.

Do you have the project development for that remaining acreage or will you be holding that for something down the road?

Well, yes, ma'am. So we don't have a specific use for that remaining acreage. We would want to develop it for the highest and best use. And so if you look at page 15 of the slide deck, it lays out the uses that we're targeting. We've eliminated 24 uses under the EMP zoning, and all those are the more intense unfavorable uses. And so the ones that remain are the ones that you see right before you.

And you did say you had a community meeting, right?

Yes, ma'am.

Okay, and how many people showed up?

I have the sign-in sheet. It was 11 to 13 or so.

I don't want to rehash it, but did you have any objections?

No, ma'am. No, ma'am. We did have an objection letter to the rezoning, but not to the plan development. Apparently one came in after the deadline, but I haven't seen that.

Okay. All right. Thank you. Commissioner Caswell.

Thank you, Madam Chair. And my question, just as I think about the Office of Planning and Development, speak about the road conditions. And my thing, are they going to have 18-wheeler trucks coming up and down to this development?

So the uses that we're targeting are the lowest trip uses of any commercial real estate that there is. So self-storage, I think it's nine peak trips during the day, which is extremely low. I think the small bay flex space is very low as well. But yes, there will be some 18-wheeler traffic, but it's not... It's not considered one of the highest uses by any means. It's one of the last.

Yeah. And it's just my concern. If the director, if you can come up with if it's OK, Madam Chair, to the question, I think you all made a question about the role condition. What was your concern in it?

Yes, Commissioner, Brett Ragsdale with the Division of Planning and Development. So there are several sections of this road that are only two lanes, and some that are two lanes with a turning lane, and they go through either single-family homes, townhomes, or apartment buildings. And so there's that residential traffic that's on this road, and so this traffic will be the same road with that traffic and there's like significant sections that are only two lanes and they will not be widened or improved until someone develops those properties on either side yeah and so we don't know when that will be and when that happens of course it might be a different story but right now it's you know so so that that that's kind of to my concern when we think about that so the infrastructure of those roles are what the county helped to take care of right now It would be development-driven, as the applicant mentioned. So it is typically, now it could be something that the municipality would do, but those plans are the plans that have been mentioned that maybe had some road binding that would be done by the county. Those are older plans that are not in place right now.

And so when you say municipalities, what municipality did this?

Shelby County in this instance. Is it unincorporated? Unincorporated. And the Shelby County Engineer is here as well. I don't know if you would like to hear from him, but they currently do not have any plans to widen those roads. So it would be as development occurs, it would be widened and improved, and that would probably be years in the future. Okay.

Thank you. Thank you. Thank you, Madam Chair.

Commissioner Caswell, may I respond, please? If you look at page 13 of the slide deck, please.

And Mr. Brittnam, if you could just clarify.

Oh, Dedrick Brittnam? Dedrick Brittnam? Yes. Thank you. Commissioner Caswell, if you look at page 13 of the slide deck, 100% of the improvements that you see there were developer-driven. Those are developer-driven improvements. The horse is development. The cart is the widening. So you've got to do the development first and then the widening comes. That's how development has been handled in Shelby County for decades. That's how you get wider roads. You approve developments and then you get the improvements to the roadway. Even the Shelby County engineer, if you look at the staff report at page, the staff report has the conditions by the Shelby County engineer. The Shelby County engineer at his comment says, number two, dedicate and improve 94, excuse me, 54 feet from the center line of Houston-Laby Road. Dedicate and improve means dedicate it and then Improvement means adding the pavement curb and gutter. That's on the developer, not on Shelby County. The developer pays 100% of that. And then number three, it says dedicate and improve 34 feet from the center line of Pisgah. So that's on the developer. Not Shelby County. This is your chance to get this particular section of Houston Levee Road. This is the Shelby County chance to get the northbound lanes of Houston Levee Road widened to two lanes. If you approve this case, you improve that section. Thank you.

Commissioner Mills?

Thank you. And this is in my district and, um, I was asked by the developer to send it back to land use for a planned use. I did not personally champion a planned use to go back to get it passed over there to come back before us. I knew that a rezoning was going to fail. Uh, so, um, to help you not because I wanted it. Um, I did remain it back to the land use. And I do have a question for either Chloe or director Ragsdale. Were these the same land use, um, board members that heard the rezoning that heard this planned use when it went through the second time?

Thank you, Commissioner Mills. Brett Ragsdale, Division of Planning and Development. They were not, there were at least two members that were there for the rezoning that were not there for the meeting two weeks ago. And we had two alternates actually. So it was the August meeting and it's at the end of summer. So there were at least two members that were there for the rezoning that were not there for the pd case okay i know that at least one of them i believe both of them but at least one of them i know voted No. On the rezoning. I can't remember what the vote was on the rezoning.

Okay. I know it went down three, five. So it only passed by one because had it been four, four, it would have failed again.

That's correct.

Okay. Um, my next, my, my concern. Well, I have, I'm going to run out of time. Um, self storage. You're, you're talking about bringing employees. That's one, two, three or four employees. And that's what you're gaming for, for the first five acres or whatever. Correct.

That's right.

Okay. And my concern is the safety with the roads. And I feel that if... that if you go to engineering and you say you're going to, and Houston Levy especially, because it's, it does need some attention. But if you go to engineering and we're going to pave these roads multi-lane all the way, I don't see it being pushed for rejection by you all, by the staff report. if that's the case. So I do have some concerns about this, and I'm not comfortable with this. If this were going on to a multi-lane commercial highway, man, this would be great. But because there are so many unknowns and because of the road and because of the staff report and because of the land use not having the same members, and to Commissioner Brooks' point, there not being a lot of discussion for us to go by, which I was really disappointed in as well, with the planned use at land use. I will not be supporting this. Thank you.

Madam Chair, may I respond to Commissioner Mills, please? Or to the Director of Planning and Development, Dedrick Britton.

Yes, you can answer that question.

Okay, thank you. Commissioner Mills, at the Land Use Control Board, there were five votes in favor. Four of those votes heard the case when it was going through as a rezoning. So one of those five votes changed their mind. That was Pastor Keith Norman. Keith Norman changed his mind and voted yes when he saw the plan development. So, and as you know, there was very little discussion. However, staff made their presentation like they did today. And then we made our presentation and you heard Mr. Mr. Chandler's make the presentation and the land use control board, which is the next step before getting here, voted in favor, voted recommendation of approval with conditions. So they overrule the staff. land use control board overruled the staff and disagreed with staff and said this was a good case and gave us five votes in favor and they sent us down here to the county commission with five votes in favor from the language control board with conditions thank you commissioner morrison go ahead could uh i hear one more time the conditions that were uh that were uh

made that were made at the time and then i would just say you know as someone that really behind economic development i i this question's for for you um uh mr ragsdale director ragsdale how would how would someone develop this piece of property if not like this

Thank you, Commissioner Morrison. So Brett Ragsdale with the visitor plan. So one thing I'll point out, the Land Use Control Board has a recommendation just as the staff does. So you have the ultimate say. So the vote is yours. So they made a recommendation. We make our recommendation. Some of the things that Ms. Christian pointed out were presented at the Land Use Control Board by the applicant that were talking about future road plans. And that's the things that we went back and looked at with the agencies that developed those plans. And those plans are no longer valid today. So those were some of the things that we found that there were differences in what the Land Use Control Board heard and what we presented to you today. So that's one point I'll make. so this can be developed right now it's conservation agriculture so it can be developed as residential as large lot residential which of course would still require some dedication it would still require the same dedication and depending on what it was it would the county engineer would decide what improvements at that time but it would be dependent upon what that proposal was so of course large lot residential 53 acres you know it would depend on how many lots they were bringing forward for approval as to what the improvements would be required and as mr britain mentioned they are the the cost of those are born by the development So that is a positive. I definitely agree with that. If it were, as Commissioner Mills said, if we had the other developers to the north and the south in queue, ready to go, we knew what was happening. But this process of this widening by development and improving is a multi-year process. It takes years for that to happen and so this type of development at this location is really problematic in our opinion uh based on the connecting sections from this property to the north and the south and does anyone else hear from land use from the language control board uh no there's not anybody here from there

because I was interested to hear from them on the development front, and thank you.

Chairwoman Navin?

Yes. So thank you. Um, my district actually is, you know, bumping up into this part of the development to the south side. So definitely from Mr. This question is from Mr. Raglan. Just when you're saying if you could come back for the problematic piece to the north and the south is there are developers already in place or there are not developers in place.

There are no proposed plans for some of those properties. Some of them are already developed with single families and town homes. They are two lanes with a turning lane, so they've been improved to a certain degree, but they would still increase traffic depending on what the uses are, but with 53 acres and five acres of that being self-storage, The remaining of that, the potential for heavy truck traffic, even if it was small, contractor-based, in our opinion, the increased traffic of that with this intensity of development would be more than what those sections of unimproved roads would be. be able to really handle safely. And this is really a safety issue for those residents that are currently traveling those roads from schools or churches or just in general.

And then the question around the actual developments around the property to the south, obviously at the south of this area, plan use of development, there are a lot more single family homes. It's more sparsely populated to Commissioner Brooks's point at Pisgah, right, because you have to drive down Pisgah to really get to where some of those other neighborhoods are. But I guess my question around the safety piece, because I get a call once a month about Walnut Grove, and that we didn't take time to think about as many of the developments were approved, how that impacted the residents who live in those developments. It is literally one of the largest volume of call, constituent calls that I get is about Houston. about Walnut Grove, right? And so that is where my concern lies, because you do have the apartments in so many of those neighborhoods that are at the south that are really a part of my district. And I know Commissioner Mills probably has some concerns, too. There are some that, you know, veer off Mount Pisgah, but that is really a concern for me. Do you know how many actual neighborhoods are around that portion of where they're trying to develop?

Brett Ragsdale with the Division of Planning and Development. To the north, there are several single-family homes, and then there are the apartments that are just to the north. And then to the south, there are, as you mentioned, there are single-family homes. So there are several neighborhoods. And the apartments are almost directly adjacent. There's one property between them. And then there is some distance between the next single-family homes and the neighborhoods. Right, into Highway 64. But, you know, frankly, that distance is still, it's a two-lane road, and everyone that lives in these neighborhoods is going to be traveling on those, that two-lane section of road, you know, with this, whatever increased traffic this is. So it's not just when you're in the neighborhoods, really. It's the sections between that are two lanes and not even a turning lane, which there's not a need for a turning lane, but still it's, you know. Problematic and that's why that you know the intensity and as I mentioned to Commissioner Morrison what is allowed here? If you just did the subdivision in conservation agriculture is residential and so residential you can imagine is a much less intense traffic wise and just in general So at one additional question for you, mr.

Wreck Where I sell is if This was developed into single family homes, right? Tell me the difference between your concern of how traffic flow happens with this plan use versus the single family.

Brett Ragsdale with the Division of Planning and Development. So this currently, as the applicant mentioned, they did restrict a lot of uses, but there are still uses that would, that could have 18-wheeler trucks. They could have that level of truck. Now, they're talking about the small bay trucks, you know industrial which would be your HVAC contractors and things like that so you know those trucks are uh you know the smaller that they could have still bob trucks they could have some large trucks but it could range really and that's the the issue with this and then single family homes you would have much fewer lots and uh you know depending on how many actual single family homes were proposed uh would depend on how much traffic you would generate so you still would generate traffic but it would be much less intense and uh much fewer so for 53 acre lot what would what would be the average like number of single family homes that could be developed So it's zone CA, so two lots per acre. No, no, two acre lots. Yeah, so, oh yeah. So 26 homes? 26 homes.

Thank you, Chair. All right, thank you.

Mr. Chairman, I'll give you just 30 seconds. I think we're about done. You go ahead.

Yes, sir. Please remember, staff is in opposition, and they've gotten plenty of time to discuss it. It would be fair if the applicant can have additional time, please. relative to the residential at the at the neighborhood meeting one of the landowners in that area said there's too much residential out here now we need we need development that will produce jobs you've got residential out there now you need jobs and places where people can go and work and then go back to their homes in that particular area the staff is It nowadays seems to be fixated on residential. This is about the opportunity to bring in jobs so people have good paying jobs. And the uses that could go here, some of those uses could be well-paying jobs, like I said, medical device manufacturers, biotech. It's not just the tractor trailers coming in and out. That's a scare tactic. What you're talking about here is an area that would be a jobs hub for this part of Shelby County. It's greatly needed in Memphis and Shelby County. So I would respectfully request that you vote to approve this excellent development. Thank you.

Thank you. So we are going to prepare to vote. I just for the record procedurally questions that are asked by the commission are far and apart of the actual applicant time. So any leeway given to the applicant making a presentation versus the staff has been equivalent. But when commissioners ask question that actually stops the time. So I just want to make sure for the record that we aren't getting more time to staff versus the applicant, just clearing that up. Please prepare the screen for a vote. Please report the vote.

We have, I votes from commissioners Whaley, right. And Morrison commissioners, clay bibs has well Sugarman meals, July Thornton Brooks, Bradford and chairwoman event have voted. No, we have three eyes and nine nose.

That motion fails and chair on a personal privilege.

Commissioner Brooks. Thank you very much. Um, would you please call out of order item number 41?

We have two more items to get to that I don't think are going to be very long before getting to 41. But thank you, because Commissioner Thornton has also asked, so noted. Commissioner Mills?

Thank you. In my last meeting, I just wanted to say to Director Ragsdale, Chloe, and the rest of your team, thank you for what you do. This is my least favorite thing to do as a commissioner, as a land use issue in District 1. So I appreciate what you do and I just wanted to say that on my last meeting.

Thank you Thank You chair Commissioner Okay Well, we'll move to item 39 and then we'll go to 41. Uh, Commissioner Thornton saw your request knowing that we have families in the audience. Uh, parliamentary please read item 39.

I'm 39 comes from the budget and finance committee, which is chaired by Commissioner Willie. Item 39 is a resolution amending the Shelby County government fiscal year 2027 operating budget, reallocating funds in the amount of $260,111.32 from the general fund and $400,000 from opioid abatement fund in order to fully staff and update the two new courtrooms in criminal court from the general fund and add additional staff to the mental health court from the opioid abatement fund sponsored by Commissioner Michael Whaley. This item was substituted in August 19th, 2026 committee meeting.

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

Yes, Madam Chair. This item comes down with a favorable recommendation.

Okay. Is there just, well, I guess we'll just move to questions. Commissioner Caswell?

Thank you, Madam chair. Uh, I know I've signed in the committee and the question I had to ask over the attorneys through the chair about the capacity of the opioid funds being able to use for the mental health court for salaries. If we can get that out. So I appreciate it.

Madam chair, Megan Smith County attorney's office. This is an approved use to the opioid abatement funds.

Does that satisfy your question? Yes, ma'am.

Thank you.

Okay. All right, let's prepare this, Commissioner Mills.

I just wanted to take this opportunity on this for the next group of commissioners. This is why it is so important to have a lobbyist in Nashville to catch things like this while they are still on the floor in Nashville and before we have to deal with them to find these courts on the back end when the legislation was amended. So whoever your next lobbyist is, um, I hope they do a really good job of that for y'all next term. Thank you.

Thank you. Please prepare the screen for a vote. Please report the vote.

Madam chair. My screen is malfunctioning.

Count me as an eye for commissioner Thornton.

We have I votes from commissioners wiley clay builds caswell Sugarman meals shall I write Thornton Morrison Brooks Bradford and show woman event.

We have 12 I votes That motion passes I will move on to item 41 there a number of comment cards for item 41 and so I want to be mindful of the number of cards that we're going to give each speaker two minutes in order to speak I'm gonna call the first I'm gonna ask vice chair if you could come and I'll come back the first fully I'm sorry yes before us I'm sorry

yes ma'am item 41 comes from the budget finance committee which is chaired by commissioner whaley item 41 is a resolution prohibiting the appropriation allocation transfer or expenditure of shelby county funds in support of litigation challenging the educational oversight board established for memphis shelby county schools pursuant to tennessee code annotated section 49-1-616 and for related purposes Sponsored by Commissioner Brittany Thornton. This was an add-on item in August 19 2026 committee meeting and the item does not meet requirements of permanent rules Once it's properly before us.

I believe that there's the substitute Is there a motion I Have a motion by Vice Chair Bradford a second by Commissioner Mills and Commissioner... Commissioner Whaley, can I have a committee report?

Yes, the item comes down with a favorable recommendation.

Okay. We will need a motion to suspend the rule since this item did not meet the permanent rules. I'm sorry. Was there a motion? So moved, Chair. There's a motion by Commissioner Thornton. Is there a second? If she gets a sip, I'm sorry. That was commissioned. We have a commissioner, right? Uh, and commissioner castle, you objecting to the motion. Okay. Uh, we will now speak on the motion before us. If you have a comment commission. It's not about commissioner Caswell.

Chairwoman, again, my concern with this item is that we already have attorneys moving forward on this item already. So when you talk about the waste of taxpayer dollars is that we're going to be spending money for something that already has been taking place. To get to this last moment, and now saying that we want to now take away the funds that we already expended to do this. And my concern, as it was when this item came down, is that we are still speaking to a fact that we're upset with the state for trying to redistrict and draw lines out of our community, but yet we're saying that it's okay for you to come in and then make a decision about what voters evidently made clear. Even in this past election, if they were concerned, the voters as they were, we know that some are. One of the school board members who was on that previous body got re- no, a couple of them got re-elected back to this body. So I think that where I'm at with this item is I want to see this process take place because I believe a precedent is being set and we're setting ourselves up for a A bigger situation if we don't address this, where is it? So I'm just concerned about stopping the process with money already being spent.

OK, and again, I just want to clarify for the record for each that are in the queue or speak on the motion to allow the substitute. So Commissioner, yes, we are. I'm sorry, suspending the rules to allow the substitute.

or even for this item you probably before us.

Okay, so it's not even properly before us because we have an objection to that. Thank you for the clarification. Commissioner Thornton.

Thank you, Chair. And thank you to Commissioner Caswell. I wholeheartedly hear the heart behind the objection. So the substitute provided before you actually does not dispute whether or not there should be litigation. It literally just now focuses on reporting. And so the core of what you have just objected to no longer is a part of the essence of the legislation. So I would hope that that would warrant withdrawal of the objection so we can hear the public both for and against this particular item, but just so everyone can just be made aware the substitute no longer substantively legislates around prohibiting anything It literally just, um, asks us after the 200,000 to report if we go above 200,000. So hopefully that can help, um, clear up some, any misunderstandings about the item in its most current form. And I encourage everyone to, um, at least review the substitution before you. Thank you.

Commissioner Morrison.

I'm going to speak in favor of the resolution by Commissioner Thornton going forward because our body is tasked with fiscal responsibility. This board has been, it's already been chosen and are in place. And when you think about, just think about $200,000, if we get hair back, the amount to $200,000 of this enormous school board's budget. If we go to litigation, it would cost far more than that. But that $200,000 could be used to feed the students that stay after school for football across the entire county. Think of the uses that the money could go to rather than litigation, which in a matter that's already been determined. That's my view. And I would ask us to support the resolution.

Okay. And just so that I'm clarifying, because I think I misspoke, this item actually is not properly before us because there was an objection to that. So we are just, in the event with the vote, it will be for us to, a yay will be for it to be properly before us, a nay will be for it not to be properly before us. I'm sorry, I misunderstood that. Yes. And so for a motion, it would be two thirds of those present and voting because there was an objection commissioner, right?

Thank you, Madam Chair. So what we're discussing at this time is whether or not we suspend the rules to take up this resolution. And the reason I rise in favor of that is I think we're increasingly seeing whether or not you agree, whether you agree or disagree with this resolution or the substitute or any other resolution that comes before us, This body has to allow space for commissioners resolutions to be heard. And then for the public that comes out on both sides of the issue to be heard. And I think we're getting closer and closer to this of the rules where administrative departments are not authorizing things to move forward to the agenda, and then it comes to our agenda without meeting the permanent rules, which creates an additional barrier, which is, that is not, that threatens to make us not equal as commissioners if our resolutions are not treated equitably or equally, it creates a barrier to this board functioning together and being able to entertain these issues. So again, I would just simply say, please allow the sponsor to be heard. Please allow the public on both sides to be heard. Thank you, Madam Chair.

Commissioner Brooks?

Thank you. So I had some thoughts in reference to the previous resolution regarding the expenditure of stopping the litigation. However, since that's not before us, I'd like to address my remarks through a chair to the sponsor. I need to understand her motivation for this $200,000 cap. Yes. Yeah.

I'm going to allow some latitude, uh, commissioner Brooks. I'm sorry. I'm allowing latitude because. This is procedurally. We're just talking about that, but I'm going to allow some latitude commissioner Gordon.

Thank you chair. And thank you commissioner Brooks. So, um, The topic, of course, is a heated topic around whether or not we should be in litigation, whether or not there should be an oversight board. Removing all of that discussion from tonight, it's just looking towards the future. So my conversations with legal have told me that the litigation is going to carry forward. There is no removing ourselves as plaintiffs. From my understanding, I think that's what i took from the conversation that there is no um coming out of what has already been set in motion so with that understood the resolution as presented tonight is literally just saying beyond the two hundred thousand which if you look at the most recent daily memphian um headline the lawsuit has already exceeded two hundred thousand So the additional 11,000 and more, because we haven't appealed it up into higher courts, which we anticipate will happen, the public deserves to be able to be made aware of how dollars are being spent. And just for their own personal awareness, litigation shouldn't just happen independent of public review. And so this is just gonna require beyond the 200,000, if there are additional dollars that the county is contributing, it needs to come before the commission for approval, which, you know, we do reporting already. It's an appropriate posture. Um, and it's not, you know, compromising any of the supporters here for this particular legislation is literally just positioning the public to have access to the litigation, to be able to say, and know when we are adding on to our 200,000. Okay.

So the vote before us is if you are Voting aye in order for the matter to be properly before us. No means that the item is not properly before us. It will require 2 thirds vote, which means that will be 8.

11 if there's 11 president voting, there's 11, there's 12, there's 12.

Well, that will require. So to clarify, in order for this item to be properly before us because there was an objection, we have to have two thirds of the majority present in voting. There are 12 members here, which means that we have to have at least eight people to vote aye in order to support the item to be before us.

Madam Chair, it's just a point of privilege. Commissioner Castle objection was based off of the initial resolution, not the substitute. So I just would love to give him an opportunity to withdraw the objection so that the individuals here on both sides can be heard.

Mountain chair, again, I respect what, what the commission is bringing forth. And I respect the people that come out to, uh, to speak today. My only concern is that this item is already moving forward. And that's where I stand with my objection right now. And I stayed there.

Okay. So just for the record, I am gonna vote aye for the item to be before us just because of the number of people that have signed up for cards in order to be able to speak. And because of that, I'm gonna vote in support of this, uh, in order for the folks who are in the audience and who have been waiting to be able to be heard. Please prepare the screen for a vote. Okay, so we do have enough for the item to be properly before us. Commissioner Thornton. The items before us. Please record the vote. I'm sorry. Thank you.

We have I vote from commissioners Wailing, Sugarman, Mills, Shalai, Wright, Thornton, Morrison, Bradford and Chairwoman Avant, Commissioners Caswell and Brooks have voted no. Commissioner Clay Beals has abstained. We have nine ayes, two noes and one abstain.

Is there a motion for the substitute? Motion by Commissioner Thornton. Second by Commissioner Bradford. Can we do that without objection? Seeing none, so moved. And Paul Maturin is going to read the substitute.

So the substitute caption reads, resolution, the next word prohibiting has been stricken and replaced with the word limiting. So now it's a resolution limiting the appropriation, allocation, transfer, or expenditure of Shelby County funds in support of litigation challenging the Educational Oversight Board Established from Memphis Shelby County Schools pursuant to Tennessee Code annotated section 49-1-616. The words, following words have been inserted into the caption, establishing an aggregate expenditure limit of $200,000, requiring prior approval by the Board of County Commissioners and written justification from the Shelby County Administration for any expenditure in excess thereof and for related purposes. Sponsored by Brittany Thornton.

All right. Yeah, so was it done without objection?

It was done without objection. Okay, I'm going to begin, uh, commissioners with the comment cards. Um, and just for clarification, there's 3 names on the card. Usually if people want to speak, there needs to be an individual card, uh, for each person. So there was a card that had a Felicia in a cadre Hughes and Karen bank. So if 1 person wants to come and speak on behalf of the 3 that signed up for the card. And if you could, if you could state your name and zip code for the record.

My name is . I'm going to keep it short and powerful. I am an aunt of a proud nephew. I'm an alumni as well of Sheva County Schools. I'm from South Memphis, one of the poorest parts of Memphis. Not only poor community, even in education, I've been over the past few months meeting people where they are. knocking on doors, even engaging at the stores. Most concerns are tax dollars not being spent the right way. And this comes from a lot from the community. So I'm here today asking the County Commissioner to please stop funding the lawsuit, putting the tax dollars into our, and put the tax dollars into our children that matter. Remember, our kids really depend on you guys. Thank you for your time.

Thank you. Next card I have is for Brianna Scott.

My name is Brianna Scott, 38115. Growing up, school was a safe space for me. The resources we had weren't always the best, but the moment we walked into the band room, none of that mattered. I enjoyed every single minute of it. That passion didn't end when I crossed the graduation stage. I chose to pour my time back into our students, teaching flag girls and sharing one of my greatest passions with the next generation. I know firsthand how transformative a dedicated, supportive school environment can be because I lived it. As someone who experienced this school system as a student and now works alongside our youth, I see that many of the same issues I faced are still happening today. The biggest concern I hear and see is the lack of consistency across our schools. The curriculum and educational opportunities vary widely depending on the zip code and our children are the ones who are paying the price. I've spoken with parents and neighbors across different communities who share this exact same heart wrenching worry. Their children are simply not receiving equal access to the resources and quality education they deserve. We are all bound by a shared love for our children and a shared desire to see them succeed on the level playing field. Right now, a lawsuit is creating further delays and bringing real oversight and accountability to our school system. But while this legal battle drags on in courtrooms, our children are still sitting in those classrooms today. They are trying to learn right now under decisions they had no say in. We cannot allow lawsuits, red tape, or political delays to take priority over immediate needs for our children. This shouldn't be about protecting a system, it must be about protecting our students. Every child deserves a consistent quality education regardless of what school they attend or what community they came from. or come from. Our students cannot afford for us to keep waiting. We have a collective responsibility to act now, hold the system accountable, and ensure every single student gets a fair opportunity to thrive.

Thumbs up or thumbs down, thank you. Brandy Price.

Hello, my name is Brandy Price at 38109. I'm also a product of Shelby County Schools. I would like to start by saying that this item does not meet the requirements for permit rules. And this was hastily put together a resolution that seeks to obstruct Shelby County's right to defend itself from malignant states and other outside actors of which would love to see Shelby County and Memphis beaten, broken, and defenseless. so they can make a profit. That's what it's all about, profit. Now when will our local county officials wake up and realize that these outside privatization groups have nothing but malice for Shelby County and her citizens' right for self-determination? That's why they privatized housing through Section 8. They privatized public transportation. They depleted our aquifer just to sell it back to us. Let us not fool ourselves that this is part of a long campaign to privatize public education in Chevy County. that the Confederate State House has control of who has a quality education. This is just a ploy to stop us from being able to defend ourselves within the courtroom, to take some type of action against a Confederate State House. now y'all can take whistling dixon all that down some the road and i i want to say and to say this memphis and chevy county has a right to defend itself and i want to ask each one of you commissioners do y'all do y'all condemn the confederacy do y'all condemn the ways that the state operates in malice against memphis and chevy county the most majority black county in The state is supposed to be a shepherd guiding its counties and its people, but the state has only acted with malice and acted as though it's a wolf in the night. It's acted as though it's a hunter to the people of Shelby County, Memphis. Let's think about this. Let's literally think about it. Do we really want the Confederacy to control Memphis?

Your time has expired. Thank you.

Think about it, baby.

All right, the next card I have is from, uh, looks like Anrea Finch. Arance Finch.

My name is Unveiance Fitch, zip code 38126. Good evening commissioners and members of the community. My name is Unveiance Fitch. I stand before as a product of Memphis Shelby County Schools, a dedicated community organizer and the mother of a brilliant five-year-old superstar who represents the entire future of this city. As the founder of Teach and Serve 901 and a leader with the Together for Students, I see our community's grit every single day. We are doing the heavy lifting. We have real momentum in Memphis right now, but our children are being held back by a system that refuses to give them every single tool available to succeed. Look at Houston. Three years after state accountability intervention, Houston ISD transformed from a district on the edge of failure and to earn an overall B rating in 2026. Houston proved that state accountability intervention works. Yet right now, Shelby County government is spending taxpayer dollars suing to block the exact legal tools that could accelerate that same turnaround here. Every month spent fighting this in federal court is another month Memphis kids are denied the progress Houston kids are already living. I call on this commission to stop playing politics with our children's futures. Let's lead on this. Listen to our community and commit today to not spending another dollar on this litigation. It's time to end the lawsuit and get the work for our children. Thank you.

Thank you. All right, the next card I have is from Anita Tai.

Hello, my name is Anita Ty and I live in 38118. I'm speaking today to Commissioner Clay Bills and the rest of the commission. I am here today not only as someone who comes about comes about Memphis, who cares about Memphis children, but as a taxpayer. Public dollars need to be spent on the good of the public. I do not want my tax dollars going to a lawsuit that is harming our children. I've had to fight too long to make sure my grandchild with an IEP get what she needed, but I guess the fight must continue because we know these children aren't getting what they need every dollar being spent on this intervention is wasted because it causes because it it causes Every dollar being spent on this intervention is wasted because it could be going to our students and the schools. Please pass this resolution. We don't need any more dollars wasted on a lawsuit. We need them for our Memphis children.

Thank you. Adrian Carroll. She had to leave. All right. Notoria Carpenter.

Notoria Carpenter, 38108. Today I stand before you. I'm shocked at you. It's accountability. It's not about taking the money back, Commissioner Caswell. It's about accountability. What's the problem with showing the community where the money going after the $200,000? They say it's coming from private funding. We just read an article where they already over the $200,000. What's shocking to me Y'all get them 200,000, but then turn around and take a loan out for Shelby County employees to make payroll. Make it make sense. Make it make sense. If you're about to commence, you wouldn't mind giving the public the information where our money going. That's all this. The second suspended rule, because I would have said end the lawsuit. But she just suspended the rule to get the money, show us accountability after that $200,000 where it's going. Who funding it? Because public dollars shouldn't go to another dime. They created this mess. They need to get themselves out of this mess. Our children ain't got no time to keep playing with y'all with these political games.

ACCOUNTABILITY, TRANSPARENCY IS ALL WE ASKING.

WHAT'S HARD ABOUT THAT? BUT YOU SAY YOU'RE FOR THE PEOPLE. I SEE YOU IN THE COMMUNITY. ACT LIKE YOU'RE FOR THE COMMUNITY.

NEXT SPEAKER IS ASHLYN SPARKS.

Hello, my name is Ashlyn Sparks. I live at 38114 in Commissioner Whaley's district. I moved to Memphis eight years ago and I taught high school English in Whitehaven and I've taught part-time and full-time almost every year since. In 2020, I started working with the Memphis Lift and supporting parent leaders across the city to seek the change they want to see in this district. So while I may not be a native Memphian, I proudly called myself one today. And I'm here to speak about the resolution before you. While dollars are the currency this resolution is based on, I'm here today to speak about a different one, time. Not only is this lawsuit wasting money, it is wasting time. Just last week, we heard district leadership brag about gains in academics and attendance to the tune of 2%, 5 tenths of a percent. They are celebrating inches when we need miles. Looking to our neighbors in Mississippi who are able to improve from 49th in the nation in reading to 9th between 2013 and 2024, we know this change is possible. But not with leadership who think inches are going to be the answer. Our students in this city deserve so much more. We not only ask that this resolution is passed to limit wasted dollars, but maybe more importantly, to prevent MSCS from wasting time, time our students don't have. And while the dollars and this waste of time, oh, unlike the dollars, this waste of time is not something we can get back. I'm asking you today to pass this resolution, put a cap on the number of dollars that can be wasted on this suit, make that spending accountable to the public, and prevent the waste of any more of these important resources. Thank you.

Dr. Henry Jones, can you state your name, zip code for the record?

Dr. Jones, hey everybody. I wanted to first just start out by giving a shout out to Brittany for serving four years and representing community organizing like myself in a real way. We greatly appreciate you. And I would like to say I never met Commissioner Wright, but I do follow you on social media. And thank you too for representing some of the voices I think of that's being captured in the room tonight. We greatly appreciate that as well. So I start out by addressing everybody. My name is Dr. Henry Jones, Jr., and I serve as the director for Together for Students. I started my career in Memphis in 2005 as a union organizer in Memphis City Schools, organizing building engineers and food service managers. I'm a little nervous because as a community organizer, it's never my job to speak. It's my job to empower people to speak. And so today is something new. I'm standing before you as a director of an initiative we have. And so, uh, I would say what they said, my most important role or title I have is father. So I have a 12 year old son and I have a five year old son with autism who's nonverbal. And in December, I have to make one of the hardest decisions in my life, whether I send him to Shelby County Schools. And so I would just say I'm here to speak on behalf of thousands of parents around Memphis that have similar situations like me. For the last two or three months, we have really been going to community, actively engaging with people. And a lot of you all know we've sent about 8,000 emails from about 400 people around Shelby County, asking you all to stop funding the lawsuit. And so I just wanted to reinforce that by today and saying we have been authentically engaging with the community. This is something that people want to see. And I think if you check Places like Houston is something that's actually working and we know that we're supporting a failing system now. And so Commissioner Caswell, my ask to you is directly just listen to what Commissioner Thornton said and maybe just think about it for a minute and ask, and we just ask you to like, don't consider not funding anymore, but understanding the money that's spent, that's already spent. Thank you all, have a nice day.

Damon Curry Morris.

Professor Damon Curry Morris, 38114. I'm here today just to put something on the record. My team has submitted information to the state comptroller, the governor, and the state educational leadership as requested from us. The information was a situation in which county leadership devised a plan to use their positions of power to oppress my family. The individuals involved include, but are not limited to, two school board members, Shelby County DA, members of the Memphis Police Department, MSCS, Interim Chief of Security, and a Shelby County Commissioner and their spouse sitting right there. Plus the school board hired attorney using taxpayers money, I might add for a quasi situation. Since we're talking about lawsuits, let me refer you to Rachel Spriggs, Tequila Rucker, LJ Abraham, Amber Sherman, and Damon Curry Morris versus the MSCS School Board of Education and Carolyn Jackson. The settlement agreement stated that no reproach shall come to my children or myself as students of Memphis, Shelby County schools. This gives me now the ability to reopen this case. And you think this boy doesn't need an oversight. Once that lawsuit was finished, it came to a whopping over $2 million. Now we didn't get much after settlement, but I'm telling you all today, commissioners, this got to stop because our children are suffering in these schools. All you got to do is walk into high school. We got an uptick in violence in the high schools and their children getting put on wrong buses. All kinds of things are going on and we're brithiest to all of this. Thank you.

The Tasha Griggs.

Good afternoon, LaTosha Greaves, 38107. First of all, to those that's leaving, well job, well done. Second of all, this body that I'm standing here looking at is the same body that granted us a no confidence vote. This is also the same body that got with this school boy and decided I want to give him some money. My question is, which side of the fence y'all on? Like, who funding who here? The last time I checked, we pay their salary because we're taxpayers. We pay y'all's salary. That's what I want to know, first and foremost. Second of all, this lawsuit, that's money wasted. It's money wasted. Y'all funding this lawsuit, but y'all raising our taxes. Y'all funding this lawsuit, but we have taxes going up. We ain't going to be able to afford our taxes in a minute. We already can't pay our life bill, because they don't went up on that. But y'all can find money to get these people to keep a lawsuit going, and our children are the ones that's failing. When we talk about children failing, this school board failed my children. Mine. Not yours. Mine. I had one with an IEP, and I had one that was, his birthday ran late. Well, because his birthday was late, he couldn't go back to school. I had an IEP kid that got to stay at home more than he did in school. But I go to the board and tell them about it, and nothing was done. So do I care anything about this board? No, I don't. Because as a parent and a grandparent, if I am coming to you and telling you what my problems or my issues is, the least you can do is grant me a solution. So now I'm asking y'all to grant us a solution. Defund this lawsuit. They don't need no more money. They're getting money, grants, and everything else from the state. Then they want y'all money. And y'all just give to them. Make it make sense up in here.

Thank you, Ms. Griggs. You're welcome. Tamika Abram.

Tameka Abram 38118. I want to start off by thanking you, Commissioner Thornton, Commissioner Wright, Mills, Commissioner Morrison, because y'all listen to the community. I can't say that about the rest of y'all hear our cries. Commissioner Sugarman, you as a teacher, because you taught my son, I had to advocate for his IEP because nobody wanted to listen. You can't go to the school board. Let's talk about that survey that everybody filled out. The responses that we got back from the elected officials is horrible. Especially the school board members. Hold them accountable. Stop funding their foolishness. Because the more y'all fund it, the more they're going to do. We're $211,000 in the hole now. Where did that money go? Do anybody know? So instead of putting politics over our children, put our children over the politics. That's what a disconnect is. Do better. Listen to your constituents. Remember, we have to vote for y'all. Don't just, when it's time for election, want to listen. No, listen before it's time to be reelected. Do better. Hold them accountable. Do we need to forge out emails that they responded back to us so y'all can hear what they said or read what they said? Is that what we need to do? Do better.

Thank you. Devin McGrath.

I'm going to hold on a second for the chamber to quiet down.

McGrath, your name and your zip code?

Yes, my name is Devin McGrath. I reside at 40 South Morrison Street, 38104. So I am a proud MSCS school teacher of five years. And I'm asking all today as an elective body to vote against resolution 4-1. The people of Memphis deserve to have a voice in how their school system is run. And I do actually want to talk about two experiments in terms of state takeover. The first is the Achievement School District, which as Memphis folks should know, happened in Frayser. And it was a failure. It was disastrous. The outcomes were disastrous. This is the same model that we're looking to implement.

Mr. McGrath, hold on just a second. So I want to make sure please pause this time. I want to make sure that everyone in this audience is being respectful of every speaker that comes up. So if you are not being respectful of the speakers as they come up as they have for anyone else that has come before them, then you'll be asked to leave the chambers. Ms. Carpenter, everyone's name has been called up here about one thing or another. It does not give you an opportunity to speak out in this chamber. Thank you. Mr. McGrath, you can continue.

We know that state takeover is a failed model. We've seen this in Houston, which was mentioned before, but what we haven't talked about with Houston was the disastrous, drastic decrease in student enrollment, the drastic turnover for teachers, the culture of fear and retaliation within the district. They turned the libraries within Houston ISD into in-school suspension centers. Does that sound like progress? This is my life as a teacher that's on the line as well. This is my livelihood. These are the students that I care about as an educator who grew up in the South. I don't want to see this pass because I know that this will be disastrous for the communities that I teach in Nutbush. We talked about IEPs before. When we've seen districts that go through state takeover and we look at things like IEPs and ILPs, these are not positive outcomes for students that come out of this. For my students who are primarily English learners, what we see is these students being stripped of the rights and resources by states like Tennessee, And I would also ask our chamber for the same amount of respect I showed them, which was complete listening. And super quickly.

Your time is up.

Yes, so please vote no on Resolution 41. Lisa Jorgensen.

Lisa Jorgensen.

Lisa Jorgensen, zip code 38111. Thank you all for being here and being here to represent the people and children of the City of Memphis and all of Shelby County. I'm here to ask you to support continued litigation and vote against the Resolution 41. We know that statistically, Tennessee has placed us 51st in the country for student funding. That's not Shelby County. That's not Memphis. That's not the Memphis School Board. That is the state of Tennessee's products. We know that the ASD was a dismal failure. We know that we have not been allowed to have a living wage because the state won't allow us to do that. Okay, so y'all, we know that public education is the foundation of our democracy. We also know that our electoral process is the action to maintain our democracy. When people have voted, then the majority vote should continue to rule throughout that term. The state, we know that the state can put through, others can put through laws that are actually not legal according to the Constitution, in our case the Tennessee Constitution. That is why there are courts, that is why there are lawsuits, that is why there needs to be litigation, because if they're going after the school board, they can also go after the city council and county commission. We already know they have gone after the Congress. So we need to fight with the rules, the laws, the constitutional opportunities that are there with the cost that goes along with it. They know how to put the thumb screws on us. They've taken away our money. Thank you.

Vote no, please.

Samuel Schaefer.

Good evening, everyone. My name is Sam Schafer. I live at 833 Morey Street, Memphis, Tennessee, 38107. I am here tonight to ask you to vote against this resolution. I am a history teacher at East High School here in Memphis Shelby County Schools, and I see from inside the classroom the issues that we face as a school system. They are real. We do not have adequate resources. But the fundamental responsibility for that lies with state-level politicians who are often hostile to the very idea of free, public, universal quality education for our students. These state-level politicians who are imposing this takeover board on us are the same ones taking away public money from schools to give to private schools, often exclusively serving the children of the rich. Already, people are not entering my profession because of modest pay for extremely demanding work. And we have seen in state takeover and charterization efforts like in New Orleans, which is exactly what they're planning here. The salaries of teacher come down in a higher cost of living area. So Teachers are what make our schools work. We need new people entering the workforce, so we need adequate labor protections, and we need adequate pay for the work we perform. One of the commissioners mentioned that this board has already been selected. Selected by who? State level politicians and behind the scenes interests, not Shelby County voters. If folks are unhappy with the way our school system is being run with the limited resources they have, they have a responsibility to convince Shelby County voters of a different way forward, not to do an end run around the process and degrade our ability to pick our own leadership here in Memphis, Shelby County. um thank you for listening to me tonight but please do vote against this resolution we need to protect local governance and democratic decision making thank you thank you miss carpenter sarah carpenter

first of all i want to commend the people that care really care about children up here and keep us abreast of what's going on with the county commission and everything else y'all y'all know that our kids are suffering out here they're not only suffering they're dying charlie caswell i know a young man i met in fifth grade daddy um whatever that is last night uh I knew him when he was in the fifth grade, and I'm sure he died at the hands of one of his peers. Y'all come on. Our kids are dying out here, and y'all playing with their life. I don't care what nobody said. Y'all not getting the whole truth. Y'all don't see what we see. And to my commissioner, I may not have supported you, but you're still my commissioner. And you don't have to never talk to me again. I'm going to fight like hell for my community and the children in my community. You don't have to never talk to me again. Brittany, McWright, and everybody else up here have supported what we wanted. Y'all listen to the people. That's all you got to do is listen to the people. We the people. I don't care if I don't vote for you, you still my representative. So I'm telling y'all now, we're not letting up on this board of managers, because surely somebody needs a manager. Y'all approved a budget and no board member showed up in front of y'all. Is that in front of y'all? We gonna fight like hell, we ain't letting up. All we asking, don't add no more money to a lawsuit. Y'all, I stay in Hyde Park. I pay city and county taxes. Most black poor people in this city pay counter taxes too. I don't know if you know that, young man. Don't know where you stay and really don't care. We pay two taxes, y'all. Two taxes, not one, two. If you stay in the county, you only pay one. I pay two taxes. And most of the poor people around me pay two taxes. Think about it, Charlie. People in Fraser too pay two taxes.

All right, our last speaker, Ms. Liz Marable.

Liz Marable, 171 Glynn Rogers, 38112, 40-year mathematics teacher in Memphis Shelby County Schools and the president of the United Education Association. I want you to ask yourselves a very critical question. Who profits from poverty, gerrymandering, and stopping the lawsuit?

Ms. Marable, I want you to be able to have your full time without interruption. Restart the time.

Once again, ask yourselves a critical question. Who is profiting from poverty, gerrymandering, and stopping the lawsuit? I am positive it is not students, families, educators, or Memphis Shelby County Schools. We should continue the lawsuit because this is about more than who sits on the school board. This is about whether the people of Shelby County have the right to have a voice in how our public schools are governed, and no one should be able to take their vote away from them. Memphis-Shelby County Schools and its educators cannot be solely responsible for all the problems that our children face. We cannot hold schools and educators accountable for unstable housing, food insecurity, unreliable transportation, inadequate childcare, neighborhood violence, parents working multiple low-paying jobs. Much of this is on the same state legislators that you want us, again, to trust their judgment. If the state believes taking over MSCS is going to make things better for our students, then show us the evidence from their previous takeover of 31 public schools. They can't because it was a miserable failure. Stop just reading the Houston ISD headlines and really delve into what was really happening there. It also is an incredible, dismal failure. Our kids deserve better, our educators deserve better, our families deserve better, but they also deserve a voice. What I don't understand is the answer has to be, why does the answer have to be taking over Shelby County Public Schools and putting control in the hands of the people that have demonstrated time and again they do not support true public schools in Memphis. This isn't about wanting less accountability. It's about making sure that accountability remains with the people of Shelby County. Again, I remind you to ask yourselves that critical question, who is profiting from poverty, from gerrymandering, from stopping the lawsuit? I am positive, once again, it is not students, families, educators, or the Memphis Shelby County Schools. Thank you for your time.

Okay, before I take any commissioners, the substitute before us, there needs to be a motion to suspend the rules because it does not meet. It did not have a legal review. So I have a motion by Commissioner Bradford. Is there a second? A second by Commissioner Thornton. Can we do that without objection? Okay, seeing none, so moved. All right, Commissioner Thornton. On the substitute.

Thank you, Chair. Just a loose on the room. I really seriously want to apologize for bringing the substitute and causing so much confusion. Majority of the comments today have pick you know chosen aside today's issue is not about whether or not we should move forward with the oversight board or whether or not we should stay in the lawsuit today's decision is amended by the substitute is just should we be in the know that's it. Should we after we spend $200,000 know where additional dollars are coming from and what they're going towards. And so it's just my professional opinion today, colleagues. I know that we all are coming from this particular issue from different places. I've seen it through the votes, and I think one particular person, very poignantly asked how could the body that supported the no confidence come back and also support the lawsuit. So I know that there's been wavering opinions even on our body and I respect wherever you feel like we should be. I just want the body to recenter itself and just to focus on the substitute. The substitute is just saying after you expend $200,000 Will you come back to this body to make sure that you get approval for additional dollars allocated on behalf of Shelby County government? And so I hope that this body can see through the emotion and just the polarity around this topic just to uphold our fiduciary responsibility. We are here to be able to oversee how county taxpaying dollars are being expended. We cannot do that when there are headlines coming from the Daily Memphian as of today saying specifically today that we're already over the $200,000 mark. So today, if you know exactly who paid for the additional $11,000, if you can say definitively that Shelby County Commission or the Shelby County government did not contribute the additional $11,000, then vote with confidence against this item. But if you want to know If you want it to be reported to you, then I would hope that you will vote in support of this item. And the reference point, it says exclusive legal fees mount in MSCS takeover lawsuit. Memphis Shelby County Schools Court challenge of the Tennessee state takeover of the school system has cost at least $211,000 in legal fees according to MSCS and Shelby County government officials. We are the elected officials that should be in the know, but I have no clue where that additional $11,000 is coming from. So I just want this to be centered and I appreciate you for your consideration today. Please support this item. Thank you.

Commissioner Sugarman. Thank you, Madam Chair. And so I just want to take a moment to thank all of my colleagues for coming out tonight. I know it's a school night. And again, you know, we're going to go back into the classroom where there are going to be some things that are not up to par, you know, such as, you know, laptops, such as working air, such as textbooks, you know, because you're in the classroom just like I am. So thank you for coming out and speaking. Yes, and also you all mentioned ASD. And so we are quick to forget about things. For example, when the state took over these failing schools through the ASD for years, the kids were worse off than if they had stayed with Memphis Shelby County Schools. The state would say, okay, we're going to catch these kids up. They could care less. We beg for more resources and money. And where does the money go? To the rich kids. I'm sorry, my kids not go to private schools. They couldn't afford it. You know, I hear parents say, oh, you know, I really feel guilty about taking this money, but this means a discount for my kids who are in private schools. Well, I'm sorry, but what about the average working family who can't afford it? private schools and get these discounts. And we did talk about the $6 million that the state's already spending for this audit. Yes, I did support an audit, but $6 million? So let's talk about the $1.5 million. The state has never said who's going to pay for that as well. The $1.5 million is going to cost for this new Accountability Oversight Board, if you will, selected, not elected, by the state. So where is it going to end? I've got one minute left. We're talking about approximately $1.5 million in taxpayers' resources. And again, let's go to court and let, yes, $200,000 plus and versus $1.5 million and. I mean, the state has already given us six measures of effort, mandates, unconstitutional. Article 2, Section 24 of the Tennessee Constitution specifically addresses increased expenditure requirements imposed on local governments and requires the state to provide for its share when the constitutional provisions applies. The General Assembly's own fiscal notes recognize this constitutional limitation. So let's get real. I've got 20 seconds left. I'll get back in the queue. Thank you. Commissioner Wiley.

All right, thank you, Madam Chair. So, you know, the original resolution that's in here that I think everyone has seen, I was opposed to it, mainly because You know, I think there's two things that we need here, and most people will probably agree that one, we wanna expedite the resolution to this litigation, because it doesn't serve anyone to have endless litigation, no matter how you stand on it. It's not conducive to any type of reform or execution, so I think no matter what, we want clarity on how we move forward, because this has really carried on a very long time, and regardless of your opinion on it, Seeking clarity at some level, I think, is critical. The original resolution had the effect, I think, of saying, well, let's just back out of it. But then you run into a situation where, let's say, it moves forward without a court resolution. You can go five years down the line and then find out retroactively that, in fact, it was illegal unless it nullifies any action. So it's much better to know something, much like you would when you go to the doctor, you want to know what's wrong. It would be good to know the answer to the question of the legality of the law. So that's number one. But also at the same time, we also don't want to spend certainly endless resources and perpetuity because lawsuits can go on and on and on. So I will say the substitute is materially different I mean, it's a completely different resolution in my mind from the initial original item because what it appears to do from what I can tell is that It's acknowledging the county's position in a current lawsuit and the funding of that as prior, as previously appropriated, but it says that if that amount is exceeded, you must come back and seek prior county commission approval, which is hard to argue with because we do it with a lot of things. Subjectively, as a budget matter, it makes sense to me. now in terms of the the broader issue of the oversight board that's for the court to decide i mean sure it could be great it could work well but it also could not no one knows that right but what we have in front of us is to try to figure out is it legal or is it not if it's not then let's move forward with something else if it is let's move forward with it but i think to me the substitute seems like a reasonable compromise we've already agreed to fund it but at this exact amount. So if it requires more than it both tests both the ability to the will of the commission to continue to fund it, and also the ability to get it expedited or solved quickly, which I think benefits everyone, no matter what the outcome is, a good clear resolution should benefit all. So that's just my thought on on these resolutions.

Thank you, Mr. Caswell.

Thank you, Madam Chair. And I just want to first say, I'm not going to even have to try to defend the fact that my name was called several times, my accountability to the community. Because those who know me know my work. To that point, when we talk about, and I appreciate Commissioner Sugarman, because you just hit it, the nail on the head with what you was coming with. Because the same people that come here and fight hard about our children are dying. I know why they dying. I've been there for 25 years. I know who leading in their deaths and what their responsibilities is around their deaths. I'm the one bearing them, paying for their funerals. So I understand what accountability look like in my receipt sure that for somebody to, and this not the first time I heard my wife name brought up in something. That's gonna stop because the devil is alive. To this resolution, again, I can respect the accountability that you're speaking on, Commissioner Thornton. And look, I'm concerned too about that. But to that point, no one is saying nothing to the fact that when we talk about children, poverty dying in this city, $99 million every year go to the state for 10 of dollars. Every year for the last 14 years, 13 years, they've been putting back $30 million in the Rainy Day Fund. They're sitting on a billion dollars that should be in these communities where we're talking about these children dying. See, we can get paid to come out here and make it look like we fought something, but the truth is we got to still fight for what the voters asked us to do. They, again, reelected these individuals back. We know the money that was failed in the achievement school. I know my kids went to those schools. I'm still dealing with some of those aces and traumas. What we ask the state to do over and over again while I'm out there as a family fighting for my children, dealing with the mental illness and things that they fail to address, and we think that it's not worth investing for our children, the devil is a lie. And again, I hope, and to the commissioner who speaks about the Daly-Milford, Daly-Milford make mistakes all the time. They just said something about a report that we were spending 315 million when there was 315,000 for the study. To that point, through the chair to the attorney, is it any kind of way we know what the amount that has been spent on this case so far?

Megan Smith County Attorney's Office, Shelby County has not hit that $200,000 mark. Total investment is at $111,000. And that would, the $200,000 authorized by the initial resolution, I think it's important to note that it was a transfer from fund balance, so it did limit the hit to FY26 funds. And that was the purpose of the language in that resolution.

So county attorney, the last portion of the comment you said it was transferred.

Megan Smith County Attorney's Office. The resolution that was passed authorizing the extraordinary litigation moved funding from fund balance to the tort fund to begin the litigation. The limitation in that resolution capped the expenses on the fund balance in FY26. So the not to exceed amount meant not to exceed $200,000 from fund balance in 2026. And we haven't hit that amount.

So the cap is already in place?

That was an FY26 cap on a pull from fund balance. We're in FY2027. But aside from that, even that $200,000 mark was not hit. With the state of the current invoices at 111,000.

Commission sugarman thank you madam chair to the attorneys through the chair. I have a question. Does the county commission have a policy about 50,000 dollars anytime a division comes before wants to spend 50,000 plus. Are they supposed to come to us? Because to me, this seems moot, because you're saying put a cap. And the second, I'll let you answer, but the second point I want to make is that it's coming in the 12th hour, and we're getting ready, you know, some commissions are rolling off. And I just think that we need to allow the next Board of Commission to deal with the issues. But my question again, don't we have already in place If anything exceeds $50,000 from a division, they're supposed to come before us.

Megan Smith County attorney's office what you're referring to is the charter's limitation on contracting authority and you're correct in that in that regard. However, the space that we are currently in is a different provision of the charter. And it governs, you know, the county attorney's ability to defend the interests of the county. And in this interest, in this moment, you know, because of the litigation, there's a stay preventing the county from having to pay for both the school board and the supervisory board, thereby ensuring the county's investment in the current school system.

Thank you. And so to your, again, you said $100,000 and to spend this length of time, surely they can not spend another $100,000 before the next commission comes on board. And that is precisely why I oppose this resolution. We should not prohibit Shelby County from using its own resources to defend the interests of Shelby County taxpayers. If the state wants the oversight board, then the state should fund the oversight board. If the state believes that Shelby County is legally responsible for the cost, then show us the law, show us the appropriation, and show us the state's share. Until those questions are answered, I cannot support a resolution that ties the hands of Shelby County and prevent us from seeking judicial clarification. Thank you. Commissioner Brooks.

Thank you to the attorney or the chair. Just to be clear, one part of the question is this, so that I can be clear on my voting. Since this is a lawsuit, I need to know whether or not what we're proposing here in terms of running back to the county commission for additional funding. Motions are filed, there's all kinds of things that has to go on. And there's always a time frame and dates are set by the court. And those may not align with any of our meetings. So I just need to know, how does this, what we're proposing here in terms of getting money, additional money, align with the court process? Or is that even feasible?

Megan Smith, County Attorney's Office. I think it's important to... frame the answer and the fact that there was an authorization for extraordinary litigation and thereafter we filed that litigation through council and we commenced defense of the county's interests and because we did that we are now before a tribunal we're in court defending those interests and you're right we do not have the luxury of deciding exactly when and how we're going to remove or progress without the courts buy-in on that the court has you know a timeline we are subject to that timeline if they want a hearing if they want experts if they want court reporters we we must adhere to that at this point that's where we are operating okay so okay I heard what I wanted to hear

Now, let me, I have a few minutes left. I want to go back to item number 16. Item number 16, resolution to amend Shepherd County fiscal year FY26 operating budget transfer and funds. Come down to the one, two, three, four, five, six, Sentence, this line requires a transfer of a FY26 general fund balance in the amount of $4,424,000, whatever, whatever, to the correction enterprise fund. And then just, you continue to read, but you see where some money is going to tort liability. Okay, so, if we exhaust the money for this litigation, and Find that from point fund balance with exhaust that we still have a just or the is applicable to that case these transfers and item number 16 for toward liability.

megan smith county attorney's office i'd certainly defer to finance but at the end of any fiscal year there is a step required to close the liabilities for the government that presents itself in in many ways some of that does include the attorney's office evaluation of risk and liabilities on the county's claims and interests so that is included in this resolution but it's right it says two million yes

general fine balance for tort liability. Okay, so on Wednesday, we talked about this, and I asked you about, is there a cap on tort liability? And you said that, you know, individual cases, there is a cap. So specifically speaking, would there be a cap on this particular case, right in front of us, what we're dealing with now, this education litigation?

Megan Smith county attorney's office our posture is different right the general answer to your question is no but our posture is that we are bringing the litigation and so it is in an effort to defend the county's financial resources that we're bringing it so that it doesn't grow thank you so much and county attorney commissioner right before you you know ask your question I just want you to clarify the county's interest which is the stay we have about um

the financial burden to the county. Just for clarification.

Megan Smith County Attorney's Office. Yes, ultimately there's a budgetary issue. There is a question of an unfunded expense on the county, and that was why the litigation was brought. That's why there's now a stay in place to allow the proceedings to continue before the court.

And just, you're clarifying that because of the legislation that says that the county then funds the oversight board.

that's correct okay commissioner wright thank you manager i just want to say a quick word on this topic of accountability that was something a subject that came up earlier in comment a member of the public was asking us to inquire about accountability on a on the pre-k program and then we get quarterly reports from our pre-k uh operator Operator's not the right word, but our pre-K administrator, I suppose. So there's a level of accountability there where I feel like we have been served by, at least by those reports and those opportunities to speak with her, with the leader of that group. In committee, when we considered the school's budget, we had a presentation from MSCS, the financial director, And I asked him something like, when was the last time that the local accountability board met? And he said that he didn't think that the local accountability board had ever met. And so that's interesting to me that you would announce an accountability committee, local accountability committee, and then never meet even once. And then when the budget came to us for approval on Monday, not a soul showed up to answer any questions. No one from the administration, no one from the school board. And so how does this board provide accountability when you can't even get your question answered? And now we're talking about accountability with the taxpayers' dollars. So we've approved, the majority of this board has approved entering into litigation. I understand your point of view. First of all, let me say to Commissioner Caswell, you didn't deserve that. Those remarks were not appropriate. But I do think that this board has approved, entering into litigation gave a certain cap of funds to go toward that effort. And again, I would say no matter what side each of us is on, there needs to be some level of accountability with those funds. Otherwise, it's a blank check. And if you read this article, there's a county spokesman saying that it could be an infinite, well, I'm running out of time. Litigation can take an endless number of developments, endless. So is this a blank check? And if so, where's the accountability in this whole system? Thank you, Madam Chair.

Commissioner Thornton.

Thank you, Chair. And just thank you, colleagues, for even indulging in this discussion. I have prepared prepared remarks. I'm just going to read them. Colleagues, this is a simple vote today. The commission has an oversight responsibility over county dollars. If taxpayer dollars are being spent on litigation involving Shelby County government, this body should know how much has been appropriated, how much has been spent, who is being paid and what financial obligations remain. This is not asking commissioners to agree on the merits of the lawsuit. I have to say that again because I understand that we are divided on the merits of the lawsuit. That is not what is up for discussion today. It is just asking for transparency. Commissioner Sugarman, the same way the referendum was something that you supported, And I think it's interesting that the opinion of the legal counsel that we just supported getting independent counsel from, like we have seen that there is need for more transparency within county government. You have supported resolutions to increase the level of transparency coming from the mayor's administration and within Shelby County government. We cannot exercise meaningful oversight over expenditures. We cannot see. How many times have we said there's not a line item for us to be able to evaluate the budgets? There's so much that goes on here. And when I hear extraordinary litigation that seems to not have a cap on how much can be spent because we have started, the litigation. That is concerning to me. I shouldn't, regardless, Commissioner Caswell, with the Daily Memphian, I understand what you're saying because I've seen other things that have been challenged in accuracy with the Daily Memphian. But I do believe, I understand now how frustrating it is for me not to know definitively Is it 211,000? Is it 111,000? And y'all, we're talking about billable hours for Baker Donaldson. Them talking to someone right now just increased the cost to this particular 111,000. And we haven't even got in our conservative courts to all of the appeals that are going to happen. We are going to exceed 111,000 Easy, 211,000, easy. But we don't know the caps. So when I get back to my points, I just want us just to think about, we cannot exercise meaningful oversight over expenditures we cannot see. We are the appropriating body. We are the part of the oversight structure of Shelby County government. Receiving and accounting of how public dollars are being used, should not be controversial. I did not, I come today in peace, Commissioner Shalai. When I went to your meeting in White Haven, there was a lot of difference from Commissioner Elect Streeter to you. Why? Because you've been in the seat. She knows that you've been here to make the decisions and she trusts your opinion. Whatever your position on the underlying lawsuit, I simply am asking today that the commission receive the information next necessary to protect our responsibility to the taxpayers. They are expecting us to be able to answer these questions, not in guesses definitively. They want to know how are their taxpaying dollars going to help educate our Children and ensure a brighter future for Shelby County.

Thank you, Commissioner Brooks.

Thank you. As a former teacher, one of the things that really get on my last nerve is misinformation, giving information that is incorrect, misleading information, not giving people the research data, the research data on which to make informed choices, and then picking and choosing and cherry-picking among a whole subset of similar pieces of data. I mean, that amounts to rhetoric. And I don't play with this. I'm a former teacher. I don't play with this. This is serious to me, okay? So you want to talk about it, and I don't want to get into that. Let's be real. It is about children, but the way it's framed now, it's not. It should be about our children. But the way, the position we're in, where they put us, it's about our democracy. It's about our right to vote. It's about our sovereignty. It's about who's next. The state's coming after. So please stop bringing this information. Children are listening. I know one of my granddaughters is listening. She don't believe anything she hears from this body anyway. But there are children who are listening. And they're getting this information and there's no one to counter it, okay, in their homes. So don't throw this out to win a point. This is not a competition. This is not a debate. You know, we're trying our best to settle this issue and give information that's gonna move us forward in the right way toward the right goal. And we all know We all know what the university is we're dealing in. I still got some time there. Okay, so please, let's deal in facts. Let's not throw out all this rhetoric so we can move our agenda and make points with our influencers and our others. Let's be real to the topic. Let's stay on point. There's no power here. It's nothing but presence. And that's not going to get us to our goal. Thank you. I'm done.

All right, let's prepare the screen for a vote. This is on the substitute. Please report the vote. No. Please report the vote.

We have aye votes from commissioners Whaley, Caswell, Mills, Wright, Thornton, Morrison, and Bradford. Commissioners Sugarman, Shalai, and Brooks have voted no. Commissioners Clay Bibbs and Chairwoman Avian have abstained. We have seven ayes, three noes, and two abstain.

All right, the motion passes. Parliamentarian, please go to item 40.

Item 40 comes from the Budget and Finance Committee, which is chaired by Commissioner Whaley. Item 40 is a resolution establishing the District 10 community opioid abatement initiative and appropriating $270,000 dollars consisting of $30,000 to each of the nine community based organizations serving priority district 10 neighborhoods utilizing Shelby County opioid settlement funds, providing for eligible opioid abatement and remediation activities, contracting expenditure, documentation, reporting outcome measures and community partnerships and authorizing necessary budgetary actions sponsored by Commissioner Brittany Thornton. This was an add on in August 19th, 2026 committee meeting. And this item does not meet requirements of the permanent rules. So once this is properly before us, we would need to take up suspension of the rule. And there's also a substitute for this. All right.

For motion. Is there a second? I have a motion by Commissioner Thornton, a second by Commissioner Wright. Commissioner Whaley, can I get a committee report?

Yes, Madam Chair. This item came down with a favorable recommendation.

All right. Could we get a motion to suspend the rules?

Yeah, I will. Yes. Is there a second?

So just some point of information, this has been approved by legal and finance. Okay.

If it didn't, legal, it says that it did not meet the requirements of permanent rules, in which? The substitute has been reviewed. Let me clear up, we're trying to get the, Resolution item 40 properly before us because it did not meet the permanent rules. Right now there's a motion by Commissioner Thornton. Is there a second to suspend the rules? Going once, going twice. All right, the motion fails and so this item does not come before us for lack of a second. All right, let's move on to item 42.

Item 42 comes from the Public Works Committee, which is chaired by Vice Chair Bradford. Item 42 is a resolution approving the agreement between Shelby County and Levy LLC to secure the public improvements to Amherst Plan Development Area 5, Phase 2 Levy, MJR 2020-009, PD08-306CC, and authorized in the recording of the plat when bonding procedures have been fulfilled. This item does not require the expenditure of county operating funds sponsored by Commissioner David C. Bradford, Jr. This item was sent down without recommendation in August 19th, 2026 committee meeting.

I have a motion by Commissioner Whaley, a second by Commissioner Sugarman. Commissioner Bradford, could I get a committee report?

This item comes down without recommendation.

Would staff like to make a

Yeah, I just want to make one comment.

Please go ahead, state your name for the record.

I'm Adnamati, Shelby County Engineering, Roads and Bridges. This project is just an improvement on the one growth, and this is a standard improvement contract before you. We recommend in consultation with the county attorney's office, three-year terms. And then adding 2 additional 1 year administratively.

All right so there is there someone who will I'll I'll move for the amendment to the resolution. Which would change the contract from 2 year to 3 year with 2 administrative I'll make a motion is there a second. The second by commissioner Bradford can we do that without objection. Okay. Seeing none, so Commissioner Brooks, did you still want to speak on the item?

Just one quick question. A mild question here. Is there any cost to the county?

No, ma'am.

None whatsoever?

No, ma'am.

Okay.

It's fully bonded by the developer. The improvement is fully bonded by the developer.

I love those kinds. You just keep bringing those, okay? Yes, ma'am. Thank you.

Please prepare the screen for a vote as amended with the contract. So to clarify the administration is bringing forth asking instead of a 2 year contract that it become a 3 year contract with 2 additional years at administrative approval. No 3 year contract. With 2 additional years. Through administrative approval. So the contract is amended from a two-year contract to a three-year contract with two additional years pending administrative approval.

Commissioner, I can ask Josh Whitehead to come and explain additionally what we're trying to accomplish.

We're already in the process of a vote. Now, Commissioner Brooks just gave you props for bringing back something that didn't count the county, and now you want to go and mess it up. We're in the middle of a vote. Stay on the good side. All right. Please report the vote.

Can you mark me as an aye?

Okay.

We have I votes from commissioners Wiley clay builds Caswell meals July right or it's in Morrison Brooks. Bradford chairwoman event we have 11 items.