Memphis City Council Regular Meeting — June 27, 2023

The Memphis City Council held its regular meeting on June 27, 2023, at 09:45 AM. The council approved the FY24 annual budget and tax rate, rejected a proposed 29-cent property tax rate increase, approved minimal redistricting changes to cure a population imbalance, and passed numerous consent agenda items, MLGW contracts, resolutions honoring civic leaders, and public works funding measures. The meeting included substantial public testimony on transit funding, police spending, and redistricting.

Consent Calendar

• Minutes Approved: The June 13, 2023 meeting minutes were approved unanimously. The motion was moved by Vice Chair Smiley, seconded by Councilman Warren, and passed by a 13-0 vote.
• Item 4 (passed unanimously): Resolution approving conversion of a public street located south of Walnut Grove Road to a private street (case MJR 23-09).
• Item 5 (passed unanimously): Ordinance on third reading (Ordinance 5871, case Z 23-06) reclassifying land at the northwest corner of Airways Boulevard and East Person Avenue from Commercial Mixed Use-1 to Employment Use district.
• Consent Agenda (Items 6–11, passed unanimously): Second readings of Ordinances 5875, 5876, and 5877, plus resolutions accepting public improvements and releasing bonds for Chick-fil-A #4615 (Summer Avenue, CR-5343), Captain D's (Getwell at Shelby Drive, Contract 5390), and BA Resource Center (Contract 5425). All had requests for same-night minutes.

MLGW Consent Agenda (Items 12–16, passed unanimously)

• Item 12: Cross Connection Control Surveys awarded to Mid-South Engineering Consultants, LLC in the funded amount of $2,099,250.
• Item 13: Change #1 to Contract 12360 with HDR Engineering, Inc. renewing the water engineering contract for two of four annual renewal terms (October 13, 2023 through October 12, 2025) in a not-to-exceed amount of $4 million.
• Item 14: Ratification of Purchase Order 7025167 to Hawkins Inc. (formerly Vertex Chemical Corporation) for sodium hypochlorite in the additional amount of $1,592,000.
• Item 15: Purchase order to Rush Truck Centers of Tennessee for two-ton cab and chassis vehicles in the funded amount of $939,978 (11 vehicles, per MLGW response to Councilwoman Robinson's request for quantities).
• Item 16: Purchase order to Stribling Equipment LLC for backhoe tractors in the funded amount of $1,364,859 (11 vehicles).

Councilwoman Robinson requested that MLGW provide vehicle quantities for future presentations, which MLGW provided during the meeting.

Resolutions & Ordinances Approved Unanimously

• Item 32: Resolution amending American Rescue Plan Act allocations across all council districts (passed unanimously).
• Item 33: Resolution amending the FY23 operating budget (passed unanimously).
• Item 34: Appointment of Jennifer Sink as MLGW Vice President and Chief Legal Counsel — passed 12-1 (Chairman Jones voted no).
• Item 35: Resolution amending the FY23 Capital Improvement Program budget, adding $1 million for Oklahoma Road improvement between Tula Tech and the Tennessee-Mississippi State Line (passed; Councilwoman Easter Thomas recused).
• Item 23: Resolution allocating $150,000 of ARPA funds for the Shelby County Environmental Court to assist indigent elderly residents with property compliance (passed unanimously). Judge Patrick Dandridge, Shelby County Environmental Court judge, spoke in favor of the funding.
• Item 24: Resolution transferring five parcels in District 6 to the Blight Authority of Memphis/Memphis Metropolitan Land Bank Authority (passed unanimously).
• Item 25: Resolution approving sale of city-owned property at 1417 Nicholas Street (passed unanimously).
• Item 26: Resolution accepting $1,380,585.65 in ARA 2 funding from the U.S. Department of Treasury for the Division of Housing and Community Development to develop affordable housing in response to the pandemic (passed unanimously).
• Items 27–29: Resolutions transferring and appropriating construction funds for emergency sewer line repairs (SW23202), CIPP annual sewer repair (SW2201), and stormwater CIPP repair (ST03222) (all passed unanimously).
• Item 30: Resolution transferring and appropriating construction funds for sidewalk repairs (PW2320) (passed unanimously).
• Item 31: Resolution providing $100,000 in grant funding from the FY23 stormwater program operating budget for clean water initiative and environmental book clubs for second and third grade students (passed unanimously).

Honors & Resolutions

• Item 1 — Doris Bradshaw Memorial: Councilwoman Easter Thomas presented a resolution posthumously honoring Doris DeBerry Bradshaw, known as the "mother of Memphis environmental movement," for her environmental justice advocacy, including work with the Community Action in Response Against Toxins team and cleanup of contamination from the Memphis Defense Depot. Marquita Bradshaw, her daughter, accepted the honor and urged the council to "set our own rules to protect our health from pollution" rather than waiting for federal EPA regulations, noting her mother died from the same toxins she fought against. The resolution passed.
• Item 2 — Deborah North Cross Honor: Councilwoman Swearingin Washington presented a resolution honoring Deborah North Cross, lead plaintiff in North Cross v. Board of Education of the Memphis City Schools (1960), who helped desegregate Memphis City Schools and integrated Central High School in 1966. Ms. North Cross noted that this was her 72nd birthday and celebrated that the North Cross case set a precedent allowing prevailing plaintiffs to recover attorney fees in school discrimination cases. She invited Judge Higgins, Judge Heard, and her brother to the podium for a photograph. The resolution passed.
• Item 3 — Witten Brothers Hardware: Councilmembers Swearingin Washington and Smiley co-sponsored a resolution honoring Witten Brothers Hardware Store, a family-owned business in the Orange Mound community operating since 1929. The store's owner thanked the council, noting "business is a two-way street." Councilman Smiley noted that at a community meeting, every resident in attendance spontaneously raised Witten Brothers as a business worth honoring. Councilwoman Easter Thomas also shared her personal connection to the store. The resolution was approved by acclamation.

Public Comments & Testimony on Tax Rate Increase (Item 22)

• Councilman Carlisle's proposal: Councilman Carlisle moved a resolution to raise the property tax rate by 29 cents for FY24, which would generate approximately $40.6 million in additional revenue. His allocation proposal was: 11 cents (~$15 million) for Memphis Area Transit Authority (MATA), 8 cents for solid waste/clean city initiatives, 4 cents for the affordable housing trust fund, 4 cents for an opportunity youth fund, and 2 cents to the general fund. He estimated the impact on a house appraised at $73,000 would be about $10 per month.
• Dorothy Connor (co-chair, Micah Transit Equity Team): Urged funding for MATA, citing route cuts, no-show buses, equipment failures, and low wages for drivers and mechanics. She also requested a joint city-county accountability task force to oversee MATA operations.
• Leo Arnold (co-chair, Micah Transit Equity Task Force): Thanked Chairman Jones for proposing the tax increase, saying the city is "on the cusp of becoming third rate." He stated that 85 community organizations (faith-based, unions) support the increase, and warned the council would be held accountable if it failed.
• Sammy Hunter: Expressed disappointment with the council's position, arguing transit funding is inadequate for a city as large as Memphis, and that poor transit access "adds to poverty." He challenged council members to ride the bus with him.
• Dennis Lynch: Supported the tax increase, noting MATA buses were already failing to run that day and that driver/mechanic wage increases require more funding. He called for an accountability task force and referenced a "transit vision" plan.
• Noah Nordstrom (new resident, educator): Described how lack of transit forced him to buy a car, incurring thousands of dollars in debt and nearly $500 in repairs. He argued Memphis is one of the most car-dependent cities in America and asked for transit expansion.

Vote on Item 22: The tax rate increase failed. The vote was 2-10-1: Vice Chairman Smiley and Chairman Jones voted yes; Councilwoman Johnson abstained; all others voted no.

FY24 Budget Debate & Adoption (Item 17)

• Public Comments:
  • Joe Kent: Criticized the city's handling of rape kit funds, tax incentives, and press coverage of the budget. He claimed $45 million in shortfalls from sales ratio, $45 million in excessive tax incentives, and $23 million in lost growth compared to Chattanooga, Nashville, and Knoxville.
  • Amber Sherman: Opposed giving MPD nearly $300 million, citing inconsistent statements from the police chief about body cameras (automatic vs. manually activated). She said "the police lie" and urged the council not to fund the $55 million police technology package.
  • Trinity Williams: Urged the council to fund youth programs (art, STEM, after-school, summer) rather than police technology, referencing the Tyre Nichols case and community mistrust of police.
  • Alice Miller: Opposed increasing police funding, referencing the Tyre Nichols aftermath and questioning the city's priorities.
  • Joy Stewart: Opposed any budget increasing MPD funding, citing falsified reports, officers criminally charged, and arguing the root causes of crime are not being funded.
• Motion to Divide the Question: Chairman Jones moved to divide the question to vote separately on police CIP/operating budget and executive divisions grants/subsidies from the full budget. The motion was seconded by Councilwoman Easter Thomas, with objections from Councilmen Carlisle and Morgan. The motion to divide failed (2-10-1: Jones and Smiley yes; Logan abstained; all others no).
• Final Vote: The annual budget and tax rate for FY24 (Ordinance 5872) passed 12-0-1 (Easter Thomas recused).

Item 18 — Tax Bills for State Assessed Properties

• Passed 12-1 (Chairman Jones voted no).
• Public comment from Yolanda Cooper: Expressed disappointment about the tax vote and transit, asking council members "Am I my brother's keeper?" and stating the city was no longer thriving as it was when she moved there 27 years ago.
• Items 17 and 18 were added to same-night minutes without objection.

Item 19 — Redistricting (Minimally Necessary Changes)

• Council Attorney Michael Wade's explanation: Due to a miscalculation by the mapping department, District 2 was deficient in population. The proposed ordinance moves 1,301 people (precinct 1301) from District 5 to District 2, affecting 7% of the population (38,000 residents), to bring districts back into balance. He stressed this is a race-neutral, one-person-one-vote adjustment and that race-based changes would require federal court approval under the consent decree.
• Council concerns: Councilwoman Logan and Councilman Carlisle expressed concerns about changes to District 1 (Raleigh) and unclear information about District boundaries. Councilwoman Johnson asked about consequences of not approving (potential legal challenge and $4.1 million election cost).
• Public comments:
  • Lexi Carter (Chair, Shelby County Democratic Party): Stated the party voted to reject the map and referenced recent Supreme Court rulings on voting rights.
  • Kizzy Jones: Urged the council to vote no, saying Cordova continues to be split unnecessarily and deserves its own dedicated representation.
  • Tawana Murphy: Disagreed with the map, saying "the original map is already jacked up."
  • Dr. Derrick D. Harris (redistricting committee member): Argued the map was wrong in the beginning, that the proposed "minimal necessary changes" preserve the status quo, and that Cordova, Raleigh, and downtown can be kept together without court involvement. He said the community should not be scared by race-based claims.
• Vote: The redistricting ordinance passed 9-4 (Easter Thomas, Logan, Robinson, and Chairman Jones voted no).
• Same-night minutes: A motion to suspend rules to add same-night minutes was objected to by Councilman Carlisle and Councilwoman Easter Thomas, but a subsequent motion to suspend the rules passed 9-2-1 (Easter Thomas and Logan voted no; Smiley abstained; Ford, Johnson, Morgan, Robinson, Swearingin Washington, Warren, Canale, Carlisle voted yes; Chairman Jones voted no). The item was then added to same-night minutes without objection.

Item 21 — City Court Clerk Restructuring (Third Reading)

• Ordinance 5874: Transfers the division of traffic violations bureau from the city court clerk's office to a separate division within the division of finance and administration, supervised by a deputy director appointed by the mayor and approved by the council, eliminating the Office of City Court Clerk as an elected office.
• Attorney Wade: Explained the city court judges would nominate the appointee, and the mayor would formally pass the nomination to the council. The change is effective January 1, 2024, and does not affect the current clerk.
• Councilman Smiley: Requested an ordinance for the August 2024 ballot to re-establish the city court clerk as an elected office via referendum, so the appointed position would only last one year if voters choose to restore the elected office.
• Vote: Passed 9-2-1 (Johnson and Jones voted no; Easter Thomas abstained).

Same-Night Minutes

• Items 9, 10, 11, 17, 18, 19, 32, 33, 34, and 35 were approved for same-night minutes.

Public Comments (General)

• Dee Givens: Thanked the council for their work and agreed with Councilwoman Johnson about needing renovation in Memphis.
• Dorothy Bowden: Asked about the city court clerk position and public understanding of the process.
• Joe Kent: Criticized the appointment of John R. Butler to the MLGW board, stating he cannot answer public information requests regarding the AgriCenter operations, and alleged corporations (BASF, CNH Industrial, Helena Chemical) are not paying real property taxes.
• Walter Brody: Offered a prayer and words of encouragement for the council.

Key Outcomes

• FY24 budget (Ordinance 5872) adopted: Passed 12-0-1 (Easter Thomas recused).
• Proposed 29-cent tax increase (Item 22) failed: 2-10-1 (only Smiley and Jones in favor; Johnson abstained).
• Redistricting (Item 19) passed: 9-4, with same-night minutes approved.
• City court clerk restructuring (Item 21) passed: 9-2-1.
• MATA funding: Received no dedicated funding increase as part of the failed tax rate resolution; the adopted FY24 budget did not include the 11-cent MATA allocation.
• All other items on the agenda passed, including honors, MLGW contracts, public works funding, and property transfers.
• Item 20 was held until the July 11, 2023 meeting.