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All right. I would like

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to recognize our chaplain

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of the day, Pastor Steve Young

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of Ardmore Terrace Baptist

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Church. If you will please come

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to the podium and lead us

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in prayer. Is he here

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at this time? Yeah. Okay,

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great. Thank you. Thank you,

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Chairwoman. Thank you

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to the Councilmembers. Let us

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go to the Lord in prayer. O

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Lord, our Lord, how excellent

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is your name

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in all the earth. We bow

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before your presence. We come

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to you this afternoon as humbly

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as we know how,

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acknowledging that you are the

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Alpha and the Omega. You are

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the beginning and,

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and the ending. You are the

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first and the last. Everything

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that is was made

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by you and made for you, and

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without you nothing was made

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that was made. You are God.

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With that in mind, dear

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Father, we are reminded that

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you are the originator

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of human government,

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legislative order,

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legislative law and justice, we

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recognize the fearsome

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responsibility shouldered

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by these, your ministers

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in the earth, these appointed

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men and women who make up this

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august body. We affirm that

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they are here in service by

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your divine decree and your

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sovereign will.

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For we bear witness according

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to your holy word that states,

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let every soul be subject

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unto the higher powers,

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for there is no power but of

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God. Powers that be are

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ordained of God. So Father,

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in light of this, we ask you to

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bless these your servants and

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your ministers. Bless them

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with wisdom, knowledge,

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insight, discernment,

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and understanding. May these,

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your legislators,

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be emboldened to stand

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for right, truth, and justice.

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May they bring

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by their legislation joy to the

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righteous and strike terror

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to the evildoers. May they,

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by their good laws, convict the

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guilty and protect the

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innocent. May they,

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by their just ordinances,

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overthrow the wicked and

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strengthen the decent. And when

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it is all over,

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from this deliberative body,

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may justice roll down

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like a river and righteousness

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like a never-failing stream.

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Sin is a reproach

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to any people, but

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righteousness exalts a nation,

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a state, and even a city. And

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after these Councilmembers

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joyfully and faithfully

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discharge their duty,

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grant them the grace

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to have done it

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without bribe,

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without deceit,

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without inducement,

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without an unbalanced scale,

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far from evil and temptation.

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May they hear, O Lord, well

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done, servant, well done. We

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ask these blessings

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in the powerful,

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in the perfect, preeminent,

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primal, and prodigious name

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of the Lord Jesus Christ. And

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we all say amen. Amen. Please

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remain standing for the Pledge

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of Allegiance. I pledge

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allegiance to the flag of the

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United States of America and

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to the republic

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for which it stands,

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one nation under God,

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indivisible,

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with liberty and justice

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for all. Thank you. You may be

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seated. Thank you

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for that beautiful prayer.

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Councilwoman Dr.

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Easter-Thomas, you are

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recognized at this time. Thank

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you, Chair, and,

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and good evening to the city

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of Memphis who's joined us

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today. I just want

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to say thank you to Pastor

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Steve Young and First Lady

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Tammy Young

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for joining us today, and just

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to read this into the record

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Be it hereby known that

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Pastor Steve Young,

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in recognition of a life

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of exemplary qualities,

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outstanding service

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to the city,

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meritorious involvement

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in humanitarian affairs,

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and demonstrated concern

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for governmental process,

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has been appointed Chaplain

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of the Day of the Memphis

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City Council and is hereby

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entitled to all

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of the honors, rights,

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privileges,

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and prerogatives appertaining

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to the office and to display

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of this certificate given

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under this seal, 21st day of

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July, Jana Swearengen-

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Washington, Chair, and myself,

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Michalyn Easter-Thomas. Thank

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you. And again, this is

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Pastor Steve Young from

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Ardmore Terrace Baptist Church

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in Frayser

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in the lovely District 7. So we

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are so glad to have you here

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with us today. Thank you. So

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we're going

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to get up a little picture too.

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Thank you, Chair.

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We would like to acknowledge

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that we have former Chair Kemp

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Conrad in the back. Councilman,

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we're so glad to have you. Madam

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Comptroller, if you will please

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call the roll. Thank you.

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Council members Canale,

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Carlisle, Cooper-Sutton,

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Easter-Thomas, Ford, Green,

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Logan, Smiley, Spinosa,

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Walker, Warren, White.

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Chairwoman

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Swearengen-Washington?

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Present. Thank you. I believe

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Ford Canale has read the

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minutes. We didn't do anything.

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What we going to do? Thank you,

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Madam Chair. I have reviewed

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the meeting minutes from the

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July 7th, 2026 meeting,

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find them to be in order,

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and I move

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for their adoption. All right,

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it has been moved by

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Councilman Ford Canale,

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seconded by Councilwoman

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Green. Madam Comptroller, if

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you will please prepare the

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screen for the vote.

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Councilmember Carlisle did not

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vote. Easter-Thomas, yes. Ford,

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yes. Green, yes. Smiley, yes.

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Spinosa, yes. Walker, yes.

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Warren, yes. White, yes.

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Chairwoman, would you like

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to vote on the minutes? My

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screen is not, yes,

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we are having some

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difficulties,

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but I'm moving forward. Thank

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you. The minutes did pass,

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ma'am. All right,

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that item passes. Welcome

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to the July 21st, 2026 regular

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meeting of the Memphis City

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Council. Meetings of the

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council shall be conducted

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in an orderly manner to ensure

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that the public has the full

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opportunity to be heard and the

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deliberate process

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of the council is retained

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at all times. Our council staff

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member has meeting agendas

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available up front,

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as well as comment request

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cards for members

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of the public wishing

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to be heard

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on that specific item.

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Brianna, would you raise your

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hand so they can know who you

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are? Thank you. All those

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wishing to speak

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on an item must turn

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in their comment card

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to the staff

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before the item is called. If

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you are not here to speak

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on a specific item,

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you can note your request

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to give general comments

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at the end of the meeting. As

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chair, I will recognize

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citizens that properly

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registered to speak by

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submitting a completed comment

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request card

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to council staff. I would also

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like

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to ask that we hold a moment

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of silence in memory

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of the late Henry Hooper, who

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was a devoted Memphian,

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decorated veteran, and former

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Memphis City Councilman who is

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gone to be with the Lord. We

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extend our deepest condolences

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to his beautiful family, his

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friends, and all the citizens

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whose lives he touched.

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Item number 15 has been held

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until Tuesday, September 15th,

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2026. Madam Comptroller, if you

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will please call item number 1.

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Item number 1 is a resolution

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recognizing and honoring Le

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Moyne Owen College

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in celebration

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of its 5th annual 807 Giving

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Day. This resolution is

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sponsored by the Memphis City

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Council. Councilwoman White,

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you are recognized

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at this time. Thank you,

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Madam Chairman. I am reading

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this resolution on behalf

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of the Memphis City Council,

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and I'm going to brief be,

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I'm going

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to shorten if that's okay

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with everyone. But whereas it

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is fitting that the Memphis

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City Council recognize and

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honor institutions of higher

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education and actually,

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don't we have some,

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a representative from Lemoyne

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in here? Thought we did. Thank

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you so much

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for joining us today. Yes,

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whereas, well, I want

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to start over. Honor

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institutions of higher

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education whose longstanding

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commitment

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to academic excellence,

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leadership development, and

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community service has

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positively impacted generations

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of students,

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students and strengthen the

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city of Memphis. And whereas

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the Memphis City Council has on

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numerous occasions recognized

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LeMoyne-Owen College

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for its unwavering commitment

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to providing a transformative

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educational experience and

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preparing students for lives

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of leadership, scholarship,

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service, and success. And

295
00:11:36,000 --> 00:11:38,000
whereas established in 2021,

296
00:11:39,000 --> 00:11:41,000
the annual 807 Giving Day was

297
00:11:41,000 --> 00:11:43,000
created to honor the college's

298
00:11:43,000 --> 00:11:45,000
historic address at 807

299
00:11:45,000 --> 00:11:47,400
Walker Avenue. The name 807

300
00:11:48,000 --> 00:11:50,000
serves as both a tribute to the

301
00:11:50,000 --> 00:11:52,000
institution's rich history and

302
00:11:52,000 --> 00:11:53,000
a meaningful reminder that

303
00:11:53,000 --> 00:11:55,000
every gift, regardless

304
00:11:55,000 --> 00:11:56,000
of size,

305
00:11:56,000 --> 00:11:57,000
makes a lasting impact

306
00:11:57,000 --> 00:11:59,000
on the lives of its students.

307
00:11:59,000 --> 00:12:01,400
And whereas the week-long

308
00:12:02,000 --> 00:12:03,000
celebration held

309
00:12:03,000 --> 00:12:04,000
on the historic campus of

310
00:12:04,000 --> 00:12:06,000
LeMoyne-Owen College includes

311
00:12:06,000 --> 00:12:09,000
worship on Walker on Sunday,

312
00:12:09,000 --> 00:12:10,000
the Magic Monday mixer

313
00:12:10,000 --> 00:12:12,000
for alumni and friends,

314
00:12:12,000 --> 00:12:14,000
and culminates

315
00:12:15,000 --> 00:12:16,000
with the livestreamed 807

316
00:12:16,000 --> 00:12:17,000
Giving Day telethon on

317
00:12:17,000 --> 00:12:19,400
Friday, August 7th, 2026. Now

318
00:12:20,000 --> 00:12:22,000
therefore be it resolved that

319
00:12:22,000 --> 00:12:24,000
the Memphis City Council hereby

320
00:12:24,000 --> 00:12:26,000
recognizes and honors

321
00:12:26,000 --> 00:12:27,000
LeMoyne-Owen College

322
00:12:27,000 --> 00:12:30,000
on the occasion of its 807

323
00:12:30,000 --> 00:12:32,000
Giving Day. Thank you so much

324
00:12:32,000 --> 00:12:34,000
for being here. We know how

325
00:12:34,000 --> 00:12:36,000
important LeMoyne-Owen College

326
00:12:36,000 --> 00:12:38,000
is to Memphis and our

327
00:12:38,000 --> 00:12:39,000
community,

328
00:12:39,000 --> 00:12:40,000
so thank you so much for being

329
00:12:40,000 --> 00:12:42,000
here and us celebrating and

330
00:12:42,000 --> 00:12:44,000
acknowledging 807 Giving Day,

331
00:12:45,000 --> 00:12:48,000
August to 2026. Yes, thank you

332
00:12:49,000 --> 00:12:50,000
so much, Dr. Nichols. Would you

333
00:12:50,000 --> 00:12:51,000
like

334
00:12:51,000 --> 00:12:52,000
to say a word? I simply want

335
00:12:52,000 --> 00:12:55,000
to thank the City Council, all

336
00:12:55,000 --> 00:12:56,000
the representatives. I would

337
00:12:56,000 --> 00:12:57,000
like

338
00:12:57,000 --> 00:12:59,400
to acknowledge our faculty,

339
00:13:00,000 --> 00:13:02,000
who is also a councilwoman,

340
00:13:02,000 --> 00:13:04,000
as well as all of you

341
00:13:04,000 --> 00:13:05,000
for your support. On behalf

342
00:13:05,000 --> 00:13:06,000
of President Davis, the

343
00:13:06,000 --> 00:13:08,000
college, many of us are out

344
00:13:08,000 --> 00:13:10,000
at a UNCF conference in

345
00:13:10,000 --> 00:13:11,000
Atlanta, so I stand here

346
00:13:11,000 --> 00:13:13,000
on the shoulders

347
00:13:13,000 --> 00:13:14,000
of all that came

348
00:13:14,000 --> 00:13:15,000
before me just

349
00:13:15,000 --> 00:13:16,000
to say thank you. I say this

350
00:13:16,000 --> 00:13:18,000
about my institution: that you

351
00:13:18,000 --> 00:13:19,000
cannot get

352
00:13:19,000 --> 00:13:20,000
to transformational leadership

353
00:13:20,000 --> 00:13:22,000
in the city of Memphis,

354
00:13:22,000 --> 00:13:24,000
in the county of Shelby, or the

355
00:13:24,000 --> 00:13:25,000
state of Tennessee without

356
00:13:25,000 --> 00:13:27,000
crossing the sacred grounds

357
00:13:27,000 --> 00:13:29,000
of the LeMoyne-Owen College.

358
00:13:29,000 --> 00:13:31,000
And by your support,

359
00:13:31,000 --> 00:13:32,000
you not only help us

360
00:13:32,000 --> 00:13:33,000
to continue this work, but you

361
00:13:33,000 --> 00:13:35,000
ensure that your tax base is

362
00:13:35,000 --> 00:13:37,000
secure because most

363
00:13:37,000 --> 00:13:38,000
of the students from

364
00:13:38,000 --> 00:13:40,000
LeMoyne-Owen College stay in

365
00:13:40,000 --> 00:13:41,000
Memphis and Shelby County

366
00:13:41,000 --> 00:13:42,000
to give back to their city. So

367
00:13:42,000 --> 00:13:44,000
thank you

368
00:13:44,000 --> 00:13:46,400
for your continued support.

369
00:13:53,000 --> 00:13:56,000
Thank you so much. Please allow

370
00:13:56,000 --> 00:13:58,000
us about 5 minutes to be able

371
00:13:58,000 --> 00:14:00,000
to reprogram so that we can get

372
00:14:00,000 --> 00:14:02,000
our screens up. Just give us a

373
00:14:02,000 --> 00:14:06,200
few minutes. We need to get our.

374
00:21:14,000 --> 00:21:15,100
Let me say,

375
00:21:15,100 --> 00:21:16,100
you all have just been a perfect

376
00:21:16,100 --> 00:21:18,401
audience. We will start

377
00:21:19,100 --> 00:21:21,100
with our consent agenda items

378
00:21:21,100 --> 00:21:23,100
3 and 4. Madam Comptroller, if

379
00:21:23,100 --> 00:21:25,100
you will please call the

380
00:21:25,100 --> 00:21:27,401
consent agenda items 3 and 4.

381
00:21:28,100 --> 00:21:31,100
Thank you. Item number 3 is a

382
00:21:31,100 --> 00:21:33,100
joint ordinance to amend the

383
00:21:33,100 --> 00:21:34,100
Memphis and Shelby County

384
00:21:34,100 --> 00:21:36,100
Unified Development Code

385
00:21:36,100 --> 00:21:38,100
adopted by the City of Memphis

386
00:21:38,100 --> 00:21:40,100
on August 10th, 2010, and by

387
00:21:40,100 --> 00:21:43,100
Shelby County on August 9th,

388
00:21:43,100 --> 00:21:45,401
2010, to establish a procedure

389
00:21:46,100 --> 00:21:49,100
for replacing the zoning map.

390
00:21:49,100 --> 00:21:51,100
Up for first reading,

391
00:21:51,100 --> 00:21:53,100
this ordinance is sponsored

392
00:21:53,100 --> 00:21:54,100
by the Division of Planning and

393
00:21:54,100 --> 00:21:55,100
Development The case number is

394
00:21:55,100 --> 00:21:57,401
ZTA-2602. The ordinance number

395
00:21:59,100 --> 00:22:02,100
is 5979. Item number 4 is a

396
00:22:04,100 --> 00:22:05,100
resolution approving

397
00:22:05,100 --> 00:22:07,100
Supplemental Agreement Number

398
00:22:07,100 --> 00:22:09,401
1 for South Memphis East

399
00:22:10,100 --> 00:22:12,100
Holmes Road and accepting bond

400
00:22:12,100 --> 00:22:14,100
as security. There is a request

401
00:22:14,100 --> 00:22:16,100
for same-night minutes. The

402
00:22:16,100 --> 00:22:18,401
contract number is CR-5471.

403
00:22:19,100 --> 00:22:20,100
Chairwoman

404
00:22:20,100 --> 00:22:21,100
Swearengen-Washington, that

405
00:22:21,100 --> 00:22:22,100
concludes your consent agenda

406
00:22:22,100 --> 00:22:24,100
items. Councilman Spinosa,

407
00:22:24,100 --> 00:22:25,100
you're recognized. Thank you,

408
00:22:25,100 --> 00:22:27,100
Madam Chair.

409
00:22:27,100 --> 00:22:28,100
Without objection, I'd like

410
00:22:28,100 --> 00:22:29,100
to hold or pull item number 3

411
00:22:29,100 --> 00:22:32,100
off the consent agenda and we

412
00:22:32,100 --> 00:22:34,100
need to read that

413
00:22:34,100 --> 00:22:36,100
in committee. And

414
00:22:37,100 --> 00:22:39,100
without objection, that's the

415
00:22:39,100 --> 00:22:42,100
motion that I'm making. Okay,

416
00:22:43,100 --> 00:22:44,100
can I get a second for that?

417
00:22:44,100 --> 00:22:46,100
Second. All right,

418
00:22:47,100 --> 00:22:48,100
it's been moved by Councilman

419
00:22:48,100 --> 00:22:49,100
Spinosa and seconded by

420
00:22:49,100 --> 00:22:51,100
Councilwoman Walker

421
00:22:52,100 --> 00:22:53,100
to hold it. You're holding it?

422
00:22:53,100 --> 00:22:54,100
Yeah, just hold it and bring it

423
00:22:54,100 --> 00:22:55,100
back to committee

424
00:22:55,100 --> 00:22:56,100
for an actual just first

425
00:22:56,100 --> 00:22:57,100
reading for us. It has to do

426
00:22:57,100 --> 00:22:59,100
with the zoning maps and the

427
00:22:59,100 --> 00:23:01,100
changes,

428
00:23:01,100 --> 00:23:02,100
and we've come this far. Just

429
00:23:02,100 --> 00:23:03,100
want to be transparent

430
00:23:03,100 --> 00:23:04,100
with it, and Director Ragsdale

431
00:23:04,100 --> 00:23:06,100
agrees, so there's no

432
00:23:06,100 --> 00:23:07,100
controversy or anything. Just

433
00:23:07,100 --> 00:23:10,100
want to slow it down. I applaud

434
00:23:10,100 --> 00:23:11,100
your transparency. Thank you so

435
00:23:11,100 --> 00:23:14,100
much, Madam Chair. Thank you

436
00:23:14,100 --> 00:23:16,100
all. All right, item number

437
00:23:16,100 --> 00:23:19,100
4, Madam Controller. I did read

438
00:23:23,100 --> 00:23:25,100
item number 4. How do we want

439
00:23:25,100 --> 00:23:27,100
to see this approach now? All

440
00:23:27,100 --> 00:23:29,100
right, I need a motion

441
00:23:29,100 --> 00:23:30,100
for the consent agenda minus.

442
00:23:30,100 --> 00:23:32,100
It has been moved by

443
00:23:32,100 --> 00:23:34,100
Councilman Warren. I get a

444
00:23:34,100 --> 00:23:36,401
second? Second by Ford

445
00:23:37,100 --> 00:23:39,401
Canale. Madam Comptroller. All

446
00:23:40,100 --> 00:23:42,100
right, council,

447
00:23:42,100 --> 00:23:44,100
if you will please prepare

448
00:23:44,100 --> 00:23:47,100
for the vote. We are voting

449
00:23:47,100 --> 00:23:49,401
on item number 4. It's

450
00:23:56,100 --> 00:23:57,100
in the system.

451
00:23:57,100 --> 00:23:59,100
Canale, yes. Easter-Thomas,

452
00:24:00,100 --> 00:24:02,100
yes. Ford, yes. Green, yes.

453
00:24:02,100 --> 00:24:04,100
Spinosa, yes. Walker, yes.

454
00:24:04,100 --> 00:24:06,100
Warren, yes. Chairwoman

455
00:24:06,100 --> 00:24:08,100
Swearengen-Washington, yes.

456
00:24:10,100 --> 00:24:12,100
That item passes. Madam

457
00:24:12,100 --> 00:24:13,100
Comptroller, if you will please

458
00:24:13,100 --> 00:24:16,100
call the MLGW fiscal consent.

459
00:24:21,100 --> 00:24:22,100
That would take us

460
00:24:22,100 --> 00:24:24,100
to item number 5, a resolution

461
00:24:24,100 --> 00:24:25,100
approving the increase

462
00:24:25,100 --> 00:24:27,100
to contract number 12540

463
00:24:29,100 --> 00:24:31,401
Master Paving Program Section

464
00:24:32,100 --> 00:24:34,100
2 with Vukan LLC

465
00:24:34,100 --> 00:24:35,100
to increase the current

466
00:24:35,100 --> 00:24:37,100
contract in the funded amount

467
00:24:37,100 --> 00:24:39,100
of $1 million. Item number 6 is

468
00:24:39,100 --> 00:24:41,100
a resolution approving the

469
00:24:41,100 --> 00:24:43,100
increase to contract number

470
00:24:43,100 --> 00:24:45,100
12512, Master Paving Program

471
00:24:45,100 --> 00:24:47,401
Sections 1 and 3 with Lehman

472
00:24:49,100 --> 00:24:51,100
Roberts Company

473
00:24:51,100 --> 00:24:53,100
to increase the current

474
00:24:53,100 --> 00:24:54,100
contract in the funded amount

475
00:24:54,100 --> 00:24:57,100
of $5 million. Item number 7 is

476
00:24:58,100 --> 00:25:00,401
a resolution awarding contract

477
00:25:01,100 --> 00:25:03,401
number 12595, LNG storage tank

478
00:25:04,100 --> 00:25:06,401
painting, to Viking Painting

479
00:25:07,100 --> 00:25:10,100
LLC in the funded amount of

480
00:25:10,100 --> 00:25:12,401
$3,167,560. There is a request

481
00:25:17,100 --> 00:25:18,100
for same-night minutes

482
00:25:18,100 --> 00:25:21,100
for this item number 7. Item

483
00:25:21,100 --> 00:25:23,100
number 8 is a resolution

484
00:25:23,100 --> 00:25:24,100
approving the ratification,

485
00:25:24,100 --> 00:25:26,100
increase, and renewal

486
00:25:26,100 --> 00:25:28,100
to contract number 12390,

487
00:25:29,100 --> 00:25:31,100
Project Portfolio Management

488
00:25:32,100 --> 00:25:34,100
Software Tool Acquisition

489
00:25:34,100 --> 00:25:35,100
with Work Otter Inc.,

490
00:25:35,100 --> 00:25:37,100
to ratify,

491
00:25:37,100 --> 00:25:39,100
increase the contract amount,

492
00:25:39,100 --> 00:25:41,100
and renew the current contract

493
00:25:41,100 --> 00:25:43,100
in the funded amount of

494
00:25:43,100 --> 00:25:45,401
$196,859.40. Item number 9 is a

495
00:25:50,100 --> 00:25:51,100
resolution awarding contract

496
00:25:51,100 --> 00:25:53,100
number 12638 North Service

497
00:25:55,100 --> 00:25:57,100
Center Building 5 roof

498
00:25:57,100 --> 00:25:59,100
replacement to B4 Ply Inc.

499
00:25:59,100 --> 00:26:02,100
in the funded amount of

500
00:26:02,100 --> 00:26:04,100
$558,242.30. And item number

501
00:26:06,100 --> 00:26:08,401
10 is a resolution ratifying

502
00:26:09,100 --> 00:26:12,100
the award of contract number

503
00:26:13,100 --> 00:26:15,100
12654 Samsara Telematics to

504
00:26:16,100 --> 00:26:19,100
Samsara Inc. In the funded

505
00:26:19,100 --> 00:26:21,100
not-to-exceed amount of

506
00:26:22,100 --> 00:26:24,100
$4,645,462.80. Madam Chair,

507
00:26:27,100 --> 00:26:28,100
that concludes your MLGW fiscal

508
00:26:28,100 --> 00:26:30,100
consent items. Councilwoman

509
00:26:35,100 --> 00:26:37,100
Walker, you are recognized.

510
00:26:37,100 --> 00:26:38,100
Thank you, Madam Chair. The

511
00:26:38,100 --> 00:26:40,100
committee met and there was a

512
00:26:40,100 --> 00:26:42,100
favorable recommendation,

513
00:26:42,100 --> 00:26:45,100
and I so move. All right. Move

514
00:26:45,100 --> 00:26:47,401
it electronically. Move it

515
00:26:48,100 --> 00:26:50,100
electronically. Councilwoman

516
00:26:50,100 --> 00:26:53,100
Walker. It has been moved by

517
00:26:53,100 --> 00:26:55,100
Councilwoman Walker, seconded

518
00:26:55,100 --> 00:26:57,401
by Councilman Spinosa. Madam

519
00:26:58,100 --> 00:27:00,100
Comptroller, if you will please

520
00:27:00,100 --> 00:27:01,100
prepare the screen

521
00:27:01,100 --> 00:27:04,100
for the vote. Canale, yes..

522
00:27:13,100 --> 00:27:15,100
Easter-Thomas, yes. Green.

523
00:27:15,100 --> 00:27:16,100
Yes. Please show Council

524
00:27:16,100 --> 00:27:18,100
Member Ford as voting yes

525
00:27:18,100 --> 00:27:20,100
on this item. Spinosa, yes.

526
00:27:20,100 --> 00:27:22,100
Walker, yes. Warren, yes.

527
00:27:22,100 --> 00:27:23,100
Chairwoman

528
00:27:23,100 --> 00:27:25,100
Swearengen-Washington, yes.

529
00:27:26,100 --> 00:27:28,401
That item passes. Madam

530
00:27:29,100 --> 00:27:30,100
Comptroller, if you will please

531
00:27:30,100 --> 00:27:32,100
go to the regular agenda and

532
00:27:32,100 --> 00:27:34,401
call number, item number 11.

533
00:27:39,100 --> 00:27:42,100
Item number 11 is an ordinance

534
00:27:42,100 --> 00:27:44,100
to amend Chapter 25, Pension

535
00:27:44,100 --> 00:27:46,100
and Retirement System of the

536
00:27:46,100 --> 00:27:47,100
City of Memphis, Tennessee, up

537
00:27:47,100 --> 00:27:49,100
for third and final reading.

538
00:27:49,100 --> 00:27:51,100
Ordinance number 5974 is

539
00:27:51,100 --> 00:27:53,100
sponsored

540
00:27:53,100 --> 00:27:54,100
by the administration.

541
00:27:54,100 --> 00:27:56,100
Councilwoman White, you're

542
00:27:56,100 --> 00:27:58,401
recognized. Thank you, Chair

543
00:27:59,100 --> 00:28:01,100
Chairwoman. The committee met

544
00:28:01,100 --> 00:28:03,100
and recommended approval,

545
00:28:04,100 --> 00:28:07,601
and I so move. All right,

546
00:28:09,100 --> 00:28:10,100
it has been moved by

547
00:28:10,100 --> 00:28:11,100
Councilwoman White. Can I get a

548
00:28:11,100 --> 00:28:13,401
second? Second by Councilman

549
00:28:14,100 --> 00:28:17,100
Spinosa. There are no council

550
00:28:17,100 --> 00:28:18,100
in the queue to speak. Madam

551
00:28:18,100 --> 00:28:20,100
Comptroller, if you will please

552
00:28:20,100 --> 00:28:22,100
prepare the screen

553
00:28:22,100 --> 00:28:25,100
for the vote. Canale, yes.

554
00:28:34,100 --> 00:28:36,100
Easter-Thomas, yes. Ford.

555
00:28:36,100 --> 00:28:38,100
Yes. Green, yes. Spinosa.

556
00:28:38,100 --> 00:28:40,401
Yes. Walker, yes. Warren.

557
00:28:41,100 --> 00:28:43,100
Yes. White, yes. Chairwoman

558
00:28:43,100 --> 00:28:45,100
Swearengen-Washington, yes.

559
00:28:45,100 --> 00:28:47,100
That item passes. Madam

560
00:28:47,100 --> 00:28:49,100
Comptroller, please call item

561
00:28:49,100 --> 00:28:52,100
number 12. Item number 12 is an

562
00:28:52,100 --> 00:28:54,100
ordinance to amend City of

563
00:28:54,100 --> 00:28:56,100
Memphis Code of Ordinances

564
00:28:56,100 --> 00:28:57,100
Chapter 33 Article 3 and

565
00:28:57,100 --> 00:28:59,100
corresponding Chapter 1328

566
00:29:00,100 --> 00:29:03,100
to increase the sewer fees up

567
00:29:03,100 --> 00:29:05,100
for third and final reading.

568
00:29:05,100 --> 00:29:07,100
Ordinance number 5975 is

569
00:29:08,100 --> 00:29:09,100
sponsored

570
00:29:09,100 --> 00:29:11,100
by the administration.

571
00:29:11,100 --> 00:29:12,100
Councilwoman White, you're

572
00:29:12,100 --> 00:29:14,401
recognized. Thank you. The

573
00:29:15,100 --> 00:29:17,100
committee met and recommended

574
00:29:17,100 --> 00:29:18,100
approval, and I so move. It's

575
00:29:18,100 --> 00:29:20,401
been moved by Councilwoman

576
00:29:22,100 --> 00:29:24,100
White. Seconded by Councilman

577
00:29:24,100 --> 00:29:26,100
Warren. There are no council

578
00:29:26,100 --> 00:29:29,100
in the queue to speak. Madam

579
00:29:29,100 --> 00:29:30,100
Comptroller, please prepare the

580
00:29:30,100 --> 00:29:32,100
screen.

581
00:29:44,100 --> 00:29:46,100
Canale, yes. Easter-Thomas.

582
00:29:46,100 --> 00:29:49,100
Yes. Ford, yes. Smiley, yes.

583
00:29:49,100 --> 00:29:51,100
Spinosa, yes. Walker, yes.

584
00:29:51,100 --> 00:29:53,100
White, yes. Chairwoman

585
00:29:53,100 --> 00:29:55,100
Swearengen-Washington, yes.

586
00:29:55,100 --> 00:29:57,100
That item passes. Madam

587
00:29:57,100 --> 00:29:59,100
Comptroller, please call item

588
00:29:59,100 --> 00:30:02,100
number 13. Item number 13 is a

589
00:30:03,100 --> 00:30:05,100
referendum ordinance

590
00:30:05,100 --> 00:30:06,100
to amend the charter of the

591
00:30:06,100 --> 00:30:08,100
City of Memphis, same being

592
00:30:08,100 --> 00:30:10,100
Chapter 11 of the Acts of

593
00:30:10,100 --> 00:30:12,100
1879, as amended pursuant

594
00:30:12,100 --> 00:30:14,401
to provisions of Article 9

595
00:30:16,100 --> 00:30:17,100
of the Constitution of the

596
00:30:17,100 --> 00:30:19,100
State of Tennessee Home Rule

597
00:30:19,100 --> 00:30:20,100
Amendment so as to establish

598
00:30:20,100 --> 00:30:22,100
lobbyist registration and

599
00:30:23,100 --> 00:30:25,100
disclosure requirements and to

600
00:30:25,100 --> 00:30:27,100
submit the proposed referendum

601
00:30:27,100 --> 00:30:29,100
ordinance

602
00:30:29,100 --> 00:30:30,100
to the qualified voters

603
00:30:30,100 --> 00:30:32,100
of the City of Memphis at the

604
00:30:32,100 --> 00:30:34,100
next state general election.

605
00:30:34,100 --> 00:30:36,100
Up for 3rd and final reading,

606
00:30:36,100 --> 00:30:38,100
Ordinance Number 5977 is

607
00:30:38,100 --> 00:30:40,100
sponsored by Councilman

608
00:30:40,100 --> 00:30:42,100
Carlisle. Councilwoman White,

609
00:30:42,100 --> 00:30:44,401
you're recognized. Thank you,

610
00:30:45,100 --> 00:30:47,100
Chairwoman. I need for you all

611
00:30:47,100 --> 00:30:48,100
to check for me, but I believe

612
00:30:48,100 --> 00:30:52,100
this is the one we ended kind

613
00:30:52,100 --> 00:30:55,100
of on a probably not a resolved

614
00:30:55,100 --> 00:30:56,100
note. And so,

615
00:30:56,100 --> 00:30:57,100
I would just say that it came

616
00:30:57,100 --> 00:30:59,100
down without recommendation.

617
00:31:03,100 --> 00:31:05,100
Attorney Wade, can you give us

618
00:31:05,100 --> 00:31:07,100
some clarification for item

619
00:31:07,100 --> 00:31:10,100
number 13? I had a question.

620
00:31:21,100 --> 00:31:23,100
Councilwoman Easter-Thomas,

621
00:31:23,100 --> 00:31:25,100
you're

622
00:31:25,100 --> 00:31:28,100
in the you're recognized. I,

623
00:31:28,100 --> 00:31:29,100
I think

624
00:31:29,100 --> 00:31:31,100
under the circumstances it

625
00:31:31,100 --> 00:31:32,100
comes down

626
00:31:32,100 --> 00:31:34,401
without a recommendation. And

627
00:31:35,100 --> 00:31:36,100
I, the sponsor's not here,

628
00:31:36,100 --> 00:31:39,100
so I can't really speak

629
00:31:41,100 --> 00:31:42,100
to it. Councilman Smiley. I

630
00:31:42,100 --> 00:31:44,100
just want to move to hold

631
00:31:44,100 --> 00:31:45,100
until the sponsor can come

632
00:31:45,100 --> 00:31:47,100
speak to it. I don't want

633
00:31:47,100 --> 00:31:48,100
to spend all day on an issue

634
00:31:48,100 --> 00:31:49,100
when the person who proposed it

635
00:31:49,100 --> 00:31:51,100
is not here to talk

636
00:31:51,100 --> 00:31:52,100
about the justification. So I

637
00:31:52,100 --> 00:31:54,100
move to hold this matter.

638
00:31:54,100 --> 00:31:56,100
Okay, can I get a second?

639
00:31:56,100 --> 00:31:58,100
Until the next 2 council

640
00:31:58,100 --> 00:32:01,100
meetings. When is that? Okay,

641
00:32:02,100 --> 00:32:03,100
no, you can't. It has been

642
00:32:03,100 --> 00:32:04,100
moved. What's the date? I need

643
00:32:04,100 --> 00:32:05,100
to get a, give a specific,

644
00:32:05,100 --> 00:32:06,100
just move it

645
00:32:06,100 --> 00:32:07,100
to the next meeting. Move it.

646
00:32:07,100 --> 00:32:08,100
You can't do that. Move it to

647
00:32:08,100 --> 00:32:11,100
the next meeting and then we'll

648
00:32:11,100 --> 00:32:13,100
see what happens. All right,

649
00:32:13,100 --> 00:32:15,100
August 4th meeting. Been moved

650
00:32:15,100 --> 00:32:16,100
by Councilman Smiley, seconded

651
00:32:16,100 --> 00:32:18,100
by Councilman Spinosa,

652
00:32:18,100 --> 00:32:20,100
for that item to be held

653
00:32:20,100 --> 00:32:23,100
until the next council meeting.

654
00:32:23,100 --> 00:32:24,100
Madam Comptroller, if you will

655
00:32:24,100 --> 00:32:26,401
please call item number 14.

656
00:32:28,100 --> 00:32:30,100
Item number 14 is a referendum

657
00:32:30,100 --> 00:32:32,100
ordinance to amend the charter

658
00:32:32,100 --> 00:32:34,100
of the City of Memphis, same

659
00:32:34,100 --> 00:32:36,100
being Chapter 11 of the Acts

660
00:32:36,100 --> 00:32:38,401
of 1879, as amended pursuant

661
00:32:39,100 --> 00:32:41,100
to the provisions of Article

662
00:32:41,100 --> 00:32:43,100
9, Section 9 of the

663
00:32:43,100 --> 00:32:44,100
Constitution of the State of

664
00:32:44,100 --> 00:32:46,100
Tennessee,

665
00:32:46,100 --> 00:32:48,100
to authorize the creation

666
00:32:48,100 --> 00:32:49,100
by ordinance of uniform

667
00:32:49,100 --> 00:32:51,100
administrative procedures and

668
00:32:51,100 --> 00:32:53,100
systems for disposition

669
00:32:53,100 --> 00:32:56,100
of appeals that may affect the

670
00:32:56,100 --> 00:32:57,100
employment status

671
00:32:57,100 --> 00:32:59,100
of civil service employees. Up

672
00:32:59,100 --> 00:33:01,100
for 3rd and final reading,

673
00:33:01,100 --> 00:33:03,100
Ordinance Number 5978 is

674
00:33:03,100 --> 00:33:05,100
sponsored by Councilman

675
00:33:05,100 --> 00:33:06,100
Carlisle. Councilman Smiley,

676
00:33:06,100 --> 00:33:07,100
you're recognized. I move

677
00:33:07,100 --> 00:33:08,100
to hold this until August 4th

678
00:33:08,100 --> 00:33:09,100
meeting. Let me speak

679
00:33:09,100 --> 00:33:11,100
to this one. All right,

680
00:33:11,100 --> 00:33:13,100
Attorney Wade. Originally there

681
00:33:13,100 --> 00:33:15,401
was some blanket creation

682
00:33:21,100 --> 00:33:22,100
of authority

683
00:33:22,100 --> 00:33:24,100
for the council and the mayor

684
00:33:24,100 --> 00:33:26,100
to create a system,

685
00:33:26,100 --> 00:33:28,100
but I changed it to,

686
00:33:28,100 --> 00:33:30,100
to make it be an

687
00:33:30,100 --> 00:33:31,100
Administrative Procedures

688
00:33:31,100 --> 00:33:32,100
Act, and I think it's compliant

689
00:33:32,100 --> 00:33:34,100
with the law. I'm not sure how

690
00:33:34,100 --> 00:33:36,100
it was handled

691
00:33:36,100 --> 00:33:37,100
in the committee,

692
00:33:37,100 --> 00:33:38,100
but I've signed off

693
00:33:38,100 --> 00:33:39,100
on it if y'all want

694
00:33:39,100 --> 00:33:41,100
to move it on. Move to hold on

695
00:33:41,100 --> 00:33:44,601
to the August 4th meeting. All

696
00:33:45,100 --> 00:33:48,100
right, got a motion to hold,

697
00:33:48,100 --> 00:33:50,100
second by Councilwoman Green.

698
00:33:50,100 --> 00:33:53,100
We will hold that item. Madam

699
00:33:53,100 --> 00:33:55,100
Comptroller, if you will please

700
00:33:55,100 --> 00:33:57,401
call item number 15. 15 is

701
00:33:59,100 --> 00:34:02,601
going to be held too. All

702
00:34:05,100 --> 00:34:07,100
right. All right.

703
00:34:16,100 --> 00:34:18,100
We're going to move

704
00:34:18,100 --> 00:34:20,401
to our add-ons starting

705
00:34:21,100 --> 00:34:22,100
with item number 16. Madam

706
00:34:22,100 --> 00:34:24,100
Controller, item number 16 is

707
00:34:24,100 --> 00:34:26,401
an appointment, Art Davis,

708
00:34:27,100 --> 00:34:29,100
Chief Financial Officer, and

709
00:34:29,100 --> 00:34:31,100
there is a request

710
00:34:31,100 --> 00:34:32,100
for same-night minutes

711
00:34:32,100 --> 00:34:34,401
for this item. Okay.

712
00:34:38,100 --> 00:34:39,100
Councilwoman White, you're

713
00:34:39,100 --> 00:34:40,100
recognized. Thank you,

714
00:34:40,100 --> 00:34:41,100
Chairwoman. The committee met

715
00:34:41,100 --> 00:34:42,100
and recommended approval,

716
00:34:42,100 --> 00:34:43,100
and I so move. It's been moved

717
00:34:43,100 --> 00:34:45,401
by Councilwoman White, seconded

718
00:34:46,100 --> 00:34:48,401
by Councilman Ford Canale.

719
00:34:53,100 --> 00:34:54,100
Mr. Davis, would you like

720
00:34:54,100 --> 00:34:57,100
to say something? Mr. Winton,

721
00:35:11,100 --> 00:35:12,100
you might as well be making

722
00:35:12,100 --> 00:35:15,100
your way down. Yes, sir. Art

723
00:35:15,100 --> 00:35:17,100
Davis, interim CFO, City of

724
00:35:17,100 --> 00:35:20,100
Memphis, 125 North Main. I just

725
00:35:20,100 --> 00:35:22,100
want to say again, thank you

726
00:35:22,100 --> 00:35:24,100
for the confidence that the

727
00:35:24,100 --> 00:35:25,100
mayor has put in me and

728
00:35:25,100 --> 00:35:27,100
for your confidence

729
00:35:27,100 --> 00:35:29,100
in your vote. Support and the

730
00:35:29,100 --> 00:35:30,100
recommendation

731
00:35:30,100 --> 00:35:31,100
for the committee. And I also

732
00:35:31,100 --> 00:35:33,100
want

733
00:35:33,100 --> 00:35:34,100
to remind everyone what I said,

734
00:35:34,100 --> 00:35:36,100
that my goal is

735
00:35:36,100 --> 00:35:38,100
to bring transparency to the

736
00:35:38,100 --> 00:35:40,100
Finance Division as well as

737
00:35:40,100 --> 00:35:43,100
ensure that every public dollar

738
00:35:43,100 --> 00:35:44,100
that is received

739
00:35:44,100 --> 00:35:47,100
by the city is managed

740
00:35:47,100 --> 00:35:49,100
in the best way possible. And I

741
00:35:49,100 --> 00:35:52,100
will support this council, the

742
00:35:52,100 --> 00:35:53,100
mayor, but most importantly,

743
00:35:53,100 --> 00:35:55,100
the citizens of Memphis. Thank

744
00:35:55,100 --> 00:35:57,100
you. All right,

745
00:36:00,100 --> 00:36:01,100
there no council

746
00:36:01,100 --> 00:36:02,100
in the queue. Madam

747
00:36:02,100 --> 00:36:03,100
Comptroller, if you would

748
00:36:03,100 --> 00:36:05,401
please prepare the screen.

749
00:36:18,100 --> 00:36:20,100
Canale, yes. Easter-Thomas,

750
00:36:20,100 --> 00:36:22,100
yes. Ford, yes. Green, yes.

751
00:36:22,100 --> 00:36:24,100
Spinosa, yes. Walker, yes.

752
00:36:24,100 --> 00:36:26,401
Warren, yes. White, yes.

753
00:36:27,100 --> 00:36:28,100
Chairwoman

754
00:36:28,100 --> 00:36:30,100
Swearengen-Washington, yes.

755
00:36:30,100 --> 00:36:32,100
That item passes.

756
00:36:32,100 --> 00:36:34,100
Congratulations. Madam

757
00:36:40,100 --> 00:36:42,100
Comptroller, if you will please

758
00:36:42,100 --> 00:36:44,100
call item number 17. Item

759
00:36:44,100 --> 00:36:46,100
number 17 is also an

760
00:36:46,100 --> 00:36:48,100
appointment Chris Winton,

761
00:36:49,100 --> 00:36:51,100
Chief Administrative Officer.

762
00:36:51,100 --> 00:36:52,100
There is a request

763
00:36:52,100 --> 00:36:53,100
for same-night minutes

764
00:36:53,100 --> 00:36:55,100
for this item also. All right,

765
00:36:55,100 --> 00:36:57,100
we would love to hear

766
00:36:57,100 --> 00:36:59,100
from you. Thank you, Madam

767
00:36:59,100 --> 00:37:01,100
Chair and Council. It is truly

768
00:37:01,100 --> 00:37:03,100
my pleasure to be here

769
00:37:03,100 --> 00:37:05,100
before you. As I've shared

770
00:37:05,100 --> 00:37:07,100
before, after meeting with

771
00:37:07,100 --> 00:37:09,100
individuals and constituents

772
00:37:09,100 --> 00:37:10,100
across the city as well as the

773
00:37:10,100 --> 00:37:12,100
leadership team here at City

774
00:37:12,100 --> 00:37:15,100
Hall, one thing is clear:

775
00:37:15,100 --> 00:37:17,100
There is a deep love for this

776
00:37:17,100 --> 00:37:19,100
city and a deep commitment

777
00:37:19,100 --> 00:37:20,100
to delivering more,

778
00:37:20,100 --> 00:37:21,100
and I thank you

779
00:37:21,100 --> 00:37:23,100
for the opportunity to be here

780
00:37:23,100 --> 00:37:25,100
and request your approval so we

781
00:37:25,100 --> 00:37:29,201
can get to work. There are no

782
00:37:30,100 --> 00:37:32,100
council in the queue

783
00:37:32,100 --> 00:37:33,100
to speak. Madam Comptroller, if

784
00:37:33,100 --> 00:37:34,100
you will please prepare the

785
00:37:34,100 --> 00:37:37,601
screen for the vote. It has

786
00:37:39,100 --> 00:37:41,100
been moved by Councilman

787
00:37:41,100 --> 00:37:43,100
Warren, seconded by

788
00:37:44,100 --> 00:37:46,100
Councilman Spinosa. Canale,

789
00:37:59,100 --> 00:38:01,100
yes. Easter-Thomas, yes.

790
00:38:01,100 --> 00:38:03,100
Ford, yes. Green, yes.

791
00:38:03,100 --> 00:38:05,401
Spinosa, yes. Walker, yes.

792
00:38:06,100 --> 00:38:08,100
Warren, yes. White, yes.

793
00:38:08,100 --> 00:38:09,100
Chairwoman

794
00:38:09,100 --> 00:38:11,100
Swearengen-Washington, yes.

795
00:38:12,100 --> 00:38:14,100
That item passes. Madam

796
00:38:14,100 --> 00:38:16,100
Comptroller, if you will please

797
00:38:16,100 --> 00:38:18,401
call item number 18. Item

798
00:38:22,100 --> 00:38:23,100
number 18 is also,

799
00:38:23,100 --> 00:38:25,100
congratulations. Item number

800
00:38:29,100 --> 00:38:31,100
18 is also appointments

801
00:38:32,100 --> 00:38:34,100
to the Airport Authority. We

802
00:38:34,100 --> 00:38:36,100
have Belinda Anderson Pamela

803
00:38:36,100 --> 00:38:38,100
Clary, Demar Roberts. There's

804
00:38:38,100 --> 00:38:39,100
also a request

805
00:38:39,100 --> 00:38:40,100
for same-night minutes

806
00:38:40,100 --> 00:38:42,100
for item 18. Councilwoman

807
00:38:42,100 --> 00:38:44,100
White, you're recognized. The

808
00:38:44,100 --> 00:38:46,100
committee met and recommended

809
00:38:46,100 --> 00:38:47,100
approval, and I so move. It has

810
00:38:47,100 --> 00:38:49,100
been moved by Councilwoman

811
00:38:49,100 --> 00:38:50,100
White, seconded by Councilman

812
00:38:50,100 --> 00:38:53,100
Spinosa. I don't see Miss

813
00:38:53,100 --> 00:38:55,100
Clary in the audience. Madam

814
00:38:55,100 --> 00:38:57,100
Comptroller, if you will please

815
00:38:57,100 --> 00:38:59,100
prepare the screen

816
00:39:03,100 --> 00:39:05,100
for the vote.

817
00:39:09,100 --> 00:39:10,100
Canale, yes.

818
00:39:10,100 --> 00:39:12,100
Easter-Thomas, yes. Green.

819
00:39:12,100 --> 00:39:14,401
Yes. Smiley, yes. Spinosa.

820
00:39:15,100 --> 00:39:17,401
Yes. Walker, yes. Warren.

821
00:39:18,100 --> 00:39:19,100
Yes. White, yes. Please show

822
00:39:19,100 --> 00:39:21,100
Councilmember Ford as voting

823
00:39:21,100 --> 00:39:23,100
yes on this item, and

824
00:39:23,100 --> 00:39:24,100
Chairwoman

825
00:39:24,100 --> 00:39:25,100
Swearengen-Washington, yes.

826
00:39:25,100 --> 00:39:27,100
That item passes. Madam

827
00:39:27,100 --> 00:39:28,100
Comptroller, if you will please

828
00:39:28,100 --> 00:39:30,401
call item number 19. Item

829
00:39:31,100 --> 00:39:34,100
number 19 is a resolution to

830
00:39:34,100 --> 00:39:36,401
accept and allocate surface

831
00:39:37,100 --> 00:39:39,100
transportation block grant

832
00:39:39,100 --> 00:39:42,100
funds in the amount of

833
00:39:42,100 --> 00:39:44,100
$581,840 in grant funds

834
00:39:46,100 --> 00:39:48,100
from the Tennessee Department

835
00:39:48,100 --> 00:39:49,100
of Transportation for the

836
00:39:49,100 --> 00:39:51,100
Memphis Airport Plow

837
00:39:51,100 --> 00:39:53,100
Boulevard Access Road, Project

838
00:39:53,100 --> 00:39:55,100
PW01109. District 3, Super

839
00:39:56,100 --> 00:39:58,401
District 8. This resolution is

840
00:39:59,100 --> 00:40:00,100
sponsored

841
00:40:00,100 --> 00:40:02,100
by the administration. There is

842
00:40:02,100 --> 00:40:03,100
a request

843
00:40:03,100 --> 00:40:04,100
for same-night minutes.

844
00:40:04,100 --> 00:40:06,100
Councilman Smiley, you are

845
00:40:06,100 --> 00:40:07,100
recognized. Thank you, Madam

846
00:40:07,100 --> 00:40:08,100
Chair. The committee may

847
00:40:08,100 --> 00:40:10,100
recommend approval. I so move.

848
00:40:10,100 --> 00:40:12,100
It has been moved by

849
00:40:12,100 --> 00:40:13,100
Councilman Smiley, seconded

850
00:40:13,100 --> 00:40:15,401
by Councilman Spinosa. There

851
00:40:16,100 --> 00:40:17,100
are no Councilmembers

852
00:40:17,100 --> 00:40:19,100
in the queue to speak. Madam

853
00:40:19,100 --> 00:40:20,100
Comptroller, please prepare the

854
00:40:20,100 --> 00:40:22,100
screen. Council, if you'll vote

855
00:40:22,100 --> 00:40:24,100
at this time.

856
00:40:32,100 --> 00:40:34,100
Canale, yes.

857
00:40:34,100 --> 00:40:36,100
Easter, Thomas, yes. Ford,

858
00:40:36,100 --> 00:40:38,100
yes. Green, yes. Spinosa,

859
00:40:38,100 --> 00:40:40,100
yes. Walker, yes. Warren,

860
00:40:40,100 --> 00:40:42,100
yes. White, yes. Chairwoman

861
00:40:42,100 --> 00:40:44,100
Swearengen-Washington, yes.

862
00:40:45,100 --> 00:40:46,100
Please show Councilmember

863
00:40:46,100 --> 00:40:48,100
Smiley is voting yes

864
00:40:48,100 --> 00:40:51,100
on this item. Tanzania. That

865
00:40:51,100 --> 00:40:53,100
item passes. Madam

866
00:40:55,100 --> 00:40:58,100
Comptroller, if you will please

867
00:41:00,100 --> 00:41:01,100
call item number 20. Item

868
00:41:01,100 --> 00:41:03,100
number 20 is a resolution

869
00:41:03,100 --> 00:41:04,100
appointing MATTA's fiscal

870
00:41:04,100 --> 00:41:06,100
trustee. All council districts.

871
00:41:06,100 --> 00:41:07,100
This resolution is sponsored

872
00:41:07,100 --> 00:41:09,100
by Councilman Ford, and there

873
00:41:09,100 --> 00:41:10,100
is a request

874
00:41:10,100 --> 00:41:11,100
for same-night minutes

875
00:41:11,100 --> 00:41:13,100
for this item. Councilwoman

876
00:41:13,100 --> 00:41:15,100
Green, you're in the queue.

877
00:41:15,100 --> 00:41:17,100
Thank you, Chair. I just wanted

878
00:41:17,100 --> 00:41:19,100
to clarify again for the

879
00:41:19,100 --> 00:41:21,100
listening public that this is

880
00:41:21,100 --> 00:41:24,100
taking out Walter Person, who

881
00:41:25,100 --> 00:41:26,100
was our CFO, and putting in

882
00:41:26,100 --> 00:41:28,100
Art Davis, who is now our CFO.

883
00:41:28,100 --> 00:41:31,100
It is not in any way approving

884
00:41:31,100 --> 00:41:33,100
a contract because we don't do

885
00:41:33,100 --> 00:41:35,401
contracting for any amount

886
00:41:36,100 --> 00:41:38,100
in regards to any trustee. So

887
00:41:38,100 --> 00:41:40,100
just so everybody's clear,

888
00:41:40,100 --> 00:41:42,100
this is just putting

889
00:41:42,100 --> 00:41:43,100
in one name for the other

890
00:41:43,100 --> 00:41:45,100
because there's now been a

891
00:41:45,100 --> 00:41:47,100
change in leadership. But we

892
00:41:47,100 --> 00:41:50,100
don't make contracts or set

893
00:41:50,100 --> 00:41:52,401
salaries. Thank you, Chair.

894
00:41:53,100 --> 00:41:54,100
Thank you, Councilwoman

895
00:41:54,100 --> 00:41:56,100
Green. Councilman Ford

896
00:41:56,100 --> 00:41:58,100
Canale, you're recognized.

897
00:41:58,100 --> 00:41:59,100
Thank you, Madam Chair. The

898
00:41:59,100 --> 00:42:00,100
committee met, recommended

899
00:42:00,100 --> 00:42:02,100
approval, and I so move. All

900
00:42:02,100 --> 00:42:03,100
right, it's been moved by

901
00:42:03,100 --> 00:42:04,100
Councilman Ford Canale,

902
00:42:04,100 --> 00:42:06,100
seconded by Councilman

903
00:42:07,100 --> 00:42:09,100
Warren. Madam Comptroller, if

904
00:42:09,100 --> 00:42:10,100
you will please prepare the

905
00:42:10,100 --> 00:42:12,100
screen.

906
00:42:19,100 --> 00:42:21,100
Canale, yes. Easter-Thomas,

907
00:42:22,100 --> 00:42:24,100
yes. Ford, yes. Green, yes.

908
00:42:24,100 --> 00:42:26,100
Spinosa, yes. Walker, yes.

909
00:42:26,100 --> 00:42:28,401
Warren, yes. White, yes.

910
00:42:29,100 --> 00:42:30,100
Chairwoman

911
00:42:30,100 --> 00:42:32,100
Swearengen-Washington, yes.

912
00:42:32,100 --> 00:42:34,401
That item passes. Madam

913
00:42:35,100 --> 00:42:37,100
Comptroller, if you will please

914
00:42:37,100 --> 00:42:40,100
call item number 2. Item number

915
00:42:48,100 --> 00:42:50,100
2 is an appeal of Romulus

916
00:42:50,100 --> 00:42:52,100
Corporation and others,

917
00:42:52,100 --> 00:42:54,100
Memphis Alcohol Commission,

918
00:42:54,100 --> 00:42:56,401
matter T36342, filed pursuant

919
00:42:57,100 --> 00:43:00,100
to 4-3 and 412. Of the City

920
00:43:00,100 --> 00:43:02,100
of Memphis Code of Ordinances

921
00:43:02,100 --> 00:43:04,100
required by ordinance. This was

922
00:43:04,100 --> 00:43:07,100
held from March 24th. Okay,

923
00:43:11,100 --> 00:43:13,401
just one second. Councilman

924
00:43:17,100 --> 00:43:19,401
Ford Canale, you're recognized.

925
00:43:22,100 --> 00:43:24,100
Do what? Yes, move it. Right.

926
00:43:24,100 --> 00:43:26,100
Yeah, just move it

927
00:43:26,100 --> 00:43:28,100
without a recommendation. All

928
00:43:28,100 --> 00:43:29,100
right, thank you, Madam Chair.

929
00:43:29,100 --> 00:43:30,100
Without recommendation,

930
00:43:30,100 --> 00:43:32,100
I move it to the floor. All

931
00:43:32,100 --> 00:43:34,100
right, it's been moved by

932
00:43:34,100 --> 00:43:35,100
Councilman Ford Canale. Can I

933
00:43:35,100 --> 00:43:37,100
get a second? And second by

934
00:43:37,100 --> 00:43:39,100
Councilman Spinosa.

935
00:43:40,100 --> 00:43:42,100
At this time, we're going

936
00:43:42,100 --> 00:43:45,100
to give each side 15 minutes.

937
00:43:45,100 --> 00:43:46,100
Would you like to start? Thank

938
00:43:46,100 --> 00:43:48,100
you very much. If you'll put

939
00:43:48,100 --> 00:43:49,100
15, yeah, he's already did.

940
00:43:49,100 --> 00:43:51,100
Okay, thank you. Thank you very

941
00:43:51,100 --> 00:43:53,100
much. My name is Robert

942
00:43:53,100 --> 00:43:55,401
Spence, 65 Union Avenue, Suite

943
00:43:56,100 --> 00:43:59,100
900, and I have the distinct

944
00:43:59,100 --> 00:44:00,100
pleasure

945
00:44:00,100 --> 00:44:02,401
of representing the appellants

946
00:44:03,100 --> 00:44:04,100
in this appeal that is

947
00:44:04,100 --> 00:44:06,401
before you today. It's

948
00:44:07,100 --> 00:44:09,100
important that you understand

949
00:44:09,100 --> 00:44:10,100
from the outset what we're

950
00:44:10,100 --> 00:44:11,100
asking the City Council

951
00:44:11,100 --> 00:44:13,100
to do. We're asking the City

952
00:44:13,100 --> 00:44:15,401
Council to overrule the

953
00:44:16,100 --> 00:44:18,100
Memphis Alcohol Commission

954
00:44:18,100 --> 00:44:21,100
approval and find that Ethan

955
00:44:21,100 --> 00:44:23,100
Edwards' application

956
00:44:24,100 --> 00:44:27,100
to operate a liquor store at

957
00:44:27,100 --> 00:44:29,401
870 South White Station Road

958
00:44:30,100 --> 00:44:33,100
does not satisfy the proximity

959
00:44:33,100 --> 00:44:35,100
distance requirement. That's

960
00:44:36,100 --> 00:44:38,100
what we're asking the City

961
00:44:38,100 --> 00:44:39,100
Council to do today

962
00:44:39,100 --> 00:44:42,601
in this appeal. And the reason

963
00:44:50,100 --> 00:44:53,100
that we're asking this City

964
00:44:53,100 --> 00:44:56,100
Council to take that action is

965
00:44:56,100 --> 00:44:58,100
for one simple,

966
00:44:58,100 --> 00:45:00,100
straightforward reason. The

967
00:45:03,100 --> 00:45:06,100
location of Mr. Edwards' liquor

968
00:45:07,100 --> 00:45:09,100
store violates Ordinance

969
00:45:09,100 --> 00:45:12,601
7-4-5A, and it falls

970
00:45:13,100 --> 00:45:15,401
within the 1,500 feet proximity

971
00:45:16,100 --> 00:45:18,401
requirement and is within

972
00:45:20,100 --> 00:45:22,100
1,500 feet of Woodland

973
00:45:23,100 --> 00:45:25,100
Presbyterian Church and

974
00:45:25,100 --> 00:45:27,100
School. All

975
00:45:30,100 --> 00:45:32,100
of you are familiar

976
00:45:32,100 --> 00:45:34,100
with your own ordinance,

977
00:45:34,100 --> 00:45:37,601
7-4-5-A, which provides the

978
00:45:38,100 --> 00:45:40,100
proximity distance requirement

979
00:45:40,100 --> 00:45:43,100
that I've talked about. It

980
00:45:43,100 --> 00:45:45,401
requires any store selling

981
00:45:46,100 --> 00:45:48,100
alcoholic beverages not be

982
00:45:48,100 --> 00:45:50,100
located within 1,500 feet

983
00:45:52,100 --> 00:45:54,100
from any church, school, park,

984
00:45:54,100 --> 00:45:57,100
library, or the liquor store.

985
00:45:58,100 --> 00:46:00,100
So, so that is, that is the

986
00:46:00,100 --> 00:46:02,100
rule that is applied uniformly

987
00:46:02,100 --> 00:46:05,100
with respect to all applicants

988
00:46:05,100 --> 00:46:07,100
like Mr. Edwards who seek

989
00:46:07,100 --> 00:46:09,100
to open a liquor store

990
00:46:09,100 --> 00:46:12,100
in our community. Now, before

991
00:46:16,100 --> 00:46:19,100
Mr. Edwards ever filed an

992
00:46:19,100 --> 00:46:21,401
application, he engaged a

993
00:46:25,100 --> 00:46:27,100
professional surveyor

994
00:46:28,100 --> 00:46:30,100
to measure the distance

995
00:46:30,100 --> 00:46:33,100
for him from his supposed

996
00:46:33,100 --> 00:46:36,100
liquor store location. And what

997
00:46:37,100 --> 00:46:39,401
we have been able

998
00:46:40,100 --> 00:46:42,100
to demonstrate and get for you

999
00:46:42,100 --> 00:46:45,100
are the communications that the

1000
00:46:46,100 --> 00:46:48,100
professional surveyor gave to

1001
00:46:48,100 --> 00:46:50,100
Mr. Edwards before he filed his

1002
00:46:50,100 --> 00:46:52,100
first application. On

1003
00:46:54,100 --> 00:46:56,100
September 5th, Pickering

1004
00:46:59,100 --> 00:47:01,100
surveyor Lynn Spencer told

1005
00:47:01,100 --> 00:47:04,100
Mr. Edwards, the store doesn't

1006
00:47:05,100 --> 00:47:07,100
meet the straight-line

1007
00:47:07,100 --> 00:47:10,100
measurements. Can you get a

1008
00:47:10,100 --> 00:47:13,100
variance? Can you get a

1009
00:47:13,100 --> 00:47:16,100
variance? And then there are

1010
00:47:16,100 --> 00:47:18,100
several other communications

1011
00:47:18,100 --> 00:47:20,100
between Mr. Edwards and, and

1012
00:47:20,100 --> 00:47:22,100
Miss Spencer which,

1013
00:47:23,100 --> 00:47:25,100
which basically say that, that

1014
00:47:25,100 --> 00:47:28,100
they, they know the rule. They

1015
00:47:28,100 --> 00:47:31,100
will not ask the city for any

1016
00:47:31,100 --> 00:47:33,100
clarification or explanation of

1017
00:47:33,100 --> 00:47:36,100
the rules because they don't

1018
00:47:38,100 --> 00:47:40,100
want to send up red flags

1019
00:47:40,100 --> 00:47:43,100
about this application. So it

1020
00:47:44,100 --> 00:47:48,100
is, it is clear that Before the

1021
00:47:48,100 --> 00:47:50,100
application was submitted,

1022
00:47:50,100 --> 00:47:52,100
about 2 weeks

1023
00:47:52,100 --> 00:47:54,100
after these communications,

1024
00:47:54,100 --> 00:47:55,100
Mr. Edwards was aware that his

1025
00:47:55,100 --> 00:47:58,100
proposed location did not meet

1026
00:47:59,100 --> 00:48:01,100
the proximity distance

1027
00:48:02,100 --> 00:48:04,100
requirement. A week

1028
00:48:07,100 --> 00:48:09,100
after these communications,

1029
00:48:09,100 --> 00:48:10,100
his own lawyer, Attorney Mark

1030
00:48:10,100 --> 00:48:12,100
Joe, told him,

1031
00:48:16,100 --> 00:48:18,100
I'm a little concerned

1032
00:48:18,100 --> 00:48:19,100
about the distance to Woodland

1033
00:48:19,100 --> 00:48:22,100
if you go south on White

1034
00:48:22,100 --> 00:48:25,100
Station and east on Park. His

1035
00:48:25,100 --> 00:48:27,401
lawyer further told him,

1036
00:48:28,100 --> 00:48:30,100
I do think you have to turn

1037
00:48:30,100 --> 00:48:33,100
down Park and finish 1,500 feet

1038
00:48:34,100 --> 00:48:36,100
east and west

1039
00:48:36,100 --> 00:48:39,601
from the center line and There

1040
00:48:41,100 --> 00:48:42,100
are a lot of things important

1041
00:48:42,100 --> 00:48:44,100
about this communication,

1042
00:48:44,100 --> 00:48:46,100
but one of the things that I,

1043
00:48:46,100 --> 00:48:48,100
that I want you to focus

1044
00:48:48,100 --> 00:48:50,100
on is that at the time

1045
00:48:50,100 --> 00:48:51,100
of this communication,

1046
00:48:51,100 --> 00:48:53,401
September 13th, 2024, there was

1047
00:48:55,100 --> 00:48:58,100
no dispute that the centerline

1048
00:48:58,100 --> 00:49:00,100
at issue

1049
00:49:02,100 --> 00:49:05,100
for a correct measurement was

1050
00:49:05,100 --> 00:49:07,100
White Station, was White

1051
00:49:07,100 --> 00:49:09,401
Station. There is some

1052
00:49:16,100 --> 00:49:19,100
individual named Gerald who is

1053
00:49:19,100 --> 00:49:22,100
only identified as Gerald who

1054
00:49:22,100 --> 00:49:24,100
instructed the professional

1055
00:49:24,100 --> 00:49:26,100
surveyor how

1056
00:49:28,100 --> 00:49:31,601
to perform the survey. And she

1057
00:49:33,100 --> 00:49:35,401
acquiesced to his request,

1058
00:49:37,100 --> 00:49:40,100
and we ended up with this.

1059
00:49:40,100 --> 00:49:42,100
This first,

1060
00:49:43,100 --> 00:49:44,100
the first survey submitted by

1061
00:49:44,100 --> 00:49:47,100
Mr. Edwards was fraudulent. He

1062
00:49:47,100 --> 00:49:50,100
knew it was fraudulent when he

1063
00:49:50,100 --> 00:49:53,100
submitted it. What is strange

1064
00:49:54,100 --> 00:49:57,100
is that the Alcohol Commission

1065
00:50:00,100 --> 00:50:01,100
didn't flag it as fraudulent

1066
00:50:01,100 --> 00:50:03,100
when he submitted it. Because

1067
00:50:03,100 --> 00:50:05,100
you, as you see

1068
00:50:05,100 --> 00:50:08,100
from this survey he submitted,

1069
00:50:10,100 --> 00:50:11,100
as opposed

1070
00:50:11,100 --> 00:50:13,100
to turning east and west on

1071
00:50:13,100 --> 00:50:15,401
Park, which is denoted

1072
00:50:16,100 --> 00:50:18,100
by the blue dashes, which is

1073
00:50:18,100 --> 00:50:21,100
required, He presented a survey

1074
00:50:22,100 --> 00:50:25,100
that kept straight on White

1075
00:50:26,100 --> 00:50:28,100
Station, and that's the yellow

1076
00:50:28,100 --> 00:50:30,401
line. But again, even

1077
00:50:34,100 --> 00:50:37,100
on this fraudulent survey that

1078
00:50:37,100 --> 00:50:39,100
Mr. Edwards submitted,

1079
00:50:40,100 --> 00:50:43,100
the center line is on White

1080
00:50:43,100 --> 00:50:45,100
Station Road because that is

1081
00:50:45,100 --> 00:50:48,100
where the liquor store fronts.

1082
00:50:49,100 --> 00:50:51,100
That is where the liquor

1083
00:50:51,100 --> 00:50:53,401
storefronts. Even though Mr.

1084
00:50:59,100 --> 00:51:01,401
Edwards submitted a fraudulent

1085
00:51:03,100 --> 00:51:05,100
survey to the Memphis Alcohol

1086
00:51:05,100 --> 00:51:07,100
Commission, for an,

1087
00:51:09,100 --> 00:51:11,401
some inexplicable reason, the

1088
00:51:12,100 --> 00:51:14,100
Memphis Alcohol Commission

1089
00:51:14,100 --> 00:51:17,100
approved it on September 20th,

1090
00:51:19,100 --> 00:51:22,100
2024, in a meeting that was

1091
00:51:24,100 --> 00:51:26,100
later determined by a court

1092
00:51:26,100 --> 00:51:29,601
of law as violating the Open

1093
00:51:30,100 --> 00:51:33,100
Meetings Act. So they have a

1094
00:51:33,100 --> 00:51:35,401
fraudulent survey, they conduct

1095
00:51:36,100 --> 00:51:38,100
a meeting that is violative

1096
00:51:38,100 --> 00:51:41,100
of the Open Meetings Act and

1097
00:51:41,100 --> 00:51:43,100
approve Mr. Edwards'

1098
00:51:44,100 --> 00:51:46,401
application. Well, same parties

1099
00:51:54,100 --> 00:51:55,100
that are gathered here today

1100
00:51:55,100 --> 00:51:58,601
went to court. In court, Mr.

1101
00:52:01,100 --> 00:52:02,100
Edwards added something

1102
00:52:02,100 --> 00:52:05,601
to his argument. What he added

1103
00:52:06,100 --> 00:52:09,100
was that, the proximity distance

1104
00:52:09,100 --> 00:52:11,100
ordinance that all

1105
00:52:12,100 --> 00:52:14,100
of you know is in effect,

1106
00:52:14,100 --> 00:52:18,100
that it did not apply to him,

1107
00:52:18,100 --> 00:52:22,201
that it did not apply to him.

1108
00:52:24,100 --> 00:52:26,100
And his response

1109
00:52:28,100 --> 00:52:30,100
to your complaint,

1110
00:52:32,100 --> 00:52:34,100
complaint filed

1111
00:52:34,100 --> 00:52:35,100
by the city council, because

1112
00:52:35,100 --> 00:52:37,100
of, of the position that Mr.

1113
00:52:37,100 --> 00:52:40,100
Edwards took was Edwards denies

1114
00:52:40,100 --> 00:52:42,100
the allegations contained

1115
00:52:42,100 --> 00:52:44,100
in paragraph 24 of the City

1116
00:52:44,100 --> 00:52:46,100
Council's cross-petition as

1117
00:52:47,100 --> 00:52:50,100
Section 4-5 of the Memphis

1118
00:52:50,100 --> 00:52:53,100
City Code of Ordinances was not

1119
00:52:53,100 --> 00:52:54,100
the governing law at the time

1120
00:52:54,100 --> 00:52:57,100
of the application. That was

1121
00:52:58,100 --> 00:53:00,100
obviously absurd. So

1122
00:53:01,100 --> 00:53:03,100
by this time,

1123
00:53:03,100 --> 00:53:05,100
we have a fraudulent survey.

1124
00:53:05,100 --> 00:53:07,100
We have a meeting that violates

1125
00:53:07,100 --> 00:53:09,100
the Open Meetings Act. We have

1126
00:53:09,100 --> 00:53:11,100
an absurd legal position in

1127
00:53:11,100 --> 00:53:13,100
court that the ordinance

1128
00:53:13,100 --> 00:53:16,100
doesn't apply to Mr. Edwards.

1129
00:53:20,100 --> 00:53:23,100
And then probably the most

1130
00:53:24,100 --> 00:53:27,100
embarrassing thing was that the

1131
00:53:29,100 --> 00:53:31,100
Memphis Alcohol Commission

1132
00:53:32,100 --> 00:53:34,100
crossed the mall, came

1133
00:53:34,100 --> 00:53:36,401
to court, and tried

1134
00:53:37,100 --> 00:53:40,100
to convince the Chancery Court

1135
00:53:40,100 --> 00:53:42,100
that the Open Meetings Act did

1136
00:53:42,100 --> 00:53:45,100
not apply to it. And

1137
00:53:45,100 --> 00:53:48,100
in a publicly filed pleading,

1138
00:53:49,100 --> 00:53:51,100
took the position that it was

1139
00:53:51,100 --> 00:53:53,401
not a governing body

1140
00:53:54,100 --> 00:53:55,100
within the meaning of the

1141
00:53:55,100 --> 00:53:57,401
Tennessee Open Meetings Act.

1142
00:53:59,100 --> 00:54:01,401
So we have all

1143
00:54:02,100 --> 00:54:03,100
of these aberrant behaviors,

1144
00:54:03,100 --> 00:54:05,100
fraudulent surveys, Open

1145
00:54:07,100 --> 00:54:09,401
Meetings Act violations. We're

1146
00:54:10,100 --> 00:54:12,100
not a governing body that is,

1147
00:54:12,100 --> 00:54:14,100
that is required to comply

1148
00:54:14,100 --> 00:54:16,100
with the Open Meetings Act.

1149
00:54:16,100 --> 00:54:17,100
All of these aberrant behaviors

1150
00:54:17,100 --> 00:54:20,100
are being litigated just a

1151
00:54:20,100 --> 00:54:22,401
stone's throw from here.

1152
00:54:24,100 --> 00:54:27,601
Well, to the chagrin of the

1153
00:54:30,100 --> 00:54:32,401
Alcohol Commission and Mr.

1154
00:54:33,100 --> 00:54:36,601
Edwards, the court did not buy

1155
00:54:40,100 --> 00:54:42,100
what they were selling,

1156
00:54:42,100 --> 00:54:44,401
and the court First,

1157
00:54:48,100 --> 00:54:49,100
with respect to the

1158
00:54:49,100 --> 00:54:50,100
cross-petition that this city

1159
00:54:50,100 --> 00:54:53,100
council was required to file

1160
00:54:53,100 --> 00:54:55,100
to defend the ordinance,

1161
00:54:55,100 --> 00:54:57,100
the distance proximity

1162
00:54:57,100 --> 00:54:59,100
ordinance, the judge ruled on

1163
00:54:59,100 --> 00:55:02,100
July 8th, 2025. It is the

1164
00:55:02,100 --> 00:55:04,100
court's opinion, order, and

1165
00:55:04,100 --> 00:55:06,401
declaration that the 1,500-foot

1166
00:55:07,100 --> 00:55:09,100
restriction from churches,

1167
00:55:09,100 --> 00:55:11,100
schools, parks,

1168
00:55:11,100 --> 00:55:12,100
libraries and other liquor

1169
00:55:12,100 --> 00:55:14,401
stores, for instance, the

1170
00:55:15,100 --> 00:55:17,100
1,500-foot restriction as

1171
00:55:19,100 --> 00:55:21,100
originally stated in Section

1172
00:55:21,100 --> 00:55:24,601
4-5 of the 1985 City Code is

1173
00:55:26,100 --> 00:55:28,100
still in full force and effect

1174
00:55:28,100 --> 00:55:31,100
and the governing law. A

1175
00:55:32,100 --> 00:55:34,100
proposition that, that,

1176
00:55:34,100 --> 00:55:35,100
that all

1177
00:55:35,100 --> 00:55:37,100
of us would have taken

1178
00:55:37,100 --> 00:55:39,100
for granted Mr. Edwards argued

1179
00:55:39,100 --> 00:55:41,100
in a court of law that this

1180
00:55:41,100 --> 00:55:42,100
ordinance didn't apply

1181
00:55:42,100 --> 00:55:44,100
to him,

1182
00:55:44,100 --> 00:55:45,100
and therefore he didn't have to

1183
00:55:45,100 --> 00:55:47,100
meet the 1,500-foot

1184
00:55:48,100 --> 00:55:50,100
restriction. Because remember,

1185
00:55:50,100 --> 00:55:52,100
at that time, the survey that

1186
00:55:52,100 --> 00:55:55,100
he submitted didn't turn down

1187
00:55:55,100 --> 00:55:58,100
Park. It didn't turn down

1188
00:56:09,100 --> 00:56:11,100
Park. Further, with respect

1189
00:56:11,100 --> 00:56:13,100
to the Memphis Alcohol

1190
00:56:13,100 --> 00:56:15,100
Commission, the court also

1191
00:56:15,100 --> 00:56:17,100
rejected its specious argument

1192
00:56:17,100 --> 00:56:20,100
that it was not a governing

1193
00:56:20,100 --> 00:56:22,100
body and that the Tennessee

1194
00:56:22,100 --> 00:56:24,100
Open Meetings Act did not apply

1195
00:56:24,100 --> 00:56:27,100
to it. The court ruled

1196
00:56:30,100 --> 00:56:32,100
Therefore, the court concludes

1197
00:56:32,100 --> 00:56:34,100
that CMAC, City of Memphis

1198
00:56:34,100 --> 00:56:36,100
Alcohol Commission, was

1199
00:56:36,100 --> 00:56:39,100
functioning as a governing body

1200
00:56:39,100 --> 00:56:41,100
on September 20th, 2024, when

1201
00:56:41,100 --> 00:56:43,100
it deliberated and made

1202
00:56:43,100 --> 00:56:45,100
decisions regarding Ethan

1203
00:56:46,100 --> 00:56:48,401
Edward and Grind Management

1204
00:56:49,100 --> 00:56:50,100
requests for a certificate

1205
00:56:50,100 --> 00:56:52,100
of compliance as part

1206
00:56:52,100 --> 00:56:53,100
of the application

1207
00:56:53,100 --> 00:56:55,100
for a liquor license

1208
00:56:55,100 --> 00:56:57,100
before the TABC and was

1209
00:56:57,100 --> 00:56:59,100
required

1210
00:56:59,100 --> 00:57:02,100
to hold the meeting subject

1211
00:57:02,100 --> 00:57:05,100
to the requirements of the

1212
00:57:07,100 --> 00:57:10,100
Act. Now, governing bodies know

1213
00:57:13,100 --> 00:57:16,601
that as a matter of course,

1214
00:57:19,100 --> 00:57:22,100
as a former city attorney,

1215
00:57:22,100 --> 00:57:24,100
it's an embarrassment

1216
00:57:24,100 --> 00:57:26,401
for the alcohol commission

1217
00:57:27,100 --> 00:57:28,100
to take the position

1218
00:57:28,100 --> 00:57:32,201
in a court of law that the

1219
00:57:33,100 --> 00:57:35,401
Tennessee Open Meetings Act

1220
00:57:36,100 --> 00:57:37,100
does not govern its

1221
00:57:37,100 --> 00:57:39,401
proceedings. And the court

1222
00:57:43,100 --> 00:57:44,100
issued that ruling on

1223
00:57:44,100 --> 00:57:46,100
September 2nd. 2025. And

1224
00:57:51,100 --> 00:57:53,100
because the Memphis Accol

1225
00:57:53,100 --> 00:57:55,100
Commission's conduct was so

1226
00:57:55,100 --> 00:57:57,100
aberrant, aberrant,

1227
00:58:02,100 --> 00:58:05,100
the court is monitoring the

1228
00:58:06,100 --> 00:58:08,401
Accol Commission and is

1229
00:58:10,100 --> 00:58:12,100
requiring that the Accol

1230
00:58:12,100 --> 00:58:14,000
Commission submit semiannual

1231
00:58:14,000 --> 00:58:17,100
reports on whether or not it is

1232
00:58:17,100 --> 00:58:19,100
complying with the Open

1233
00:58:19,100 --> 00:58:23,100
Meetings Act. So we have all of

1234
00:58:23,100 --> 00:58:25,100
these aberrant and strange

1235
00:58:25,100 --> 00:58:27,401
behaviors by Mr. Edwards,

1236
00:58:28,100 --> 00:58:30,401
by the Alcohol Commission,

1237
00:58:34,100 --> 00:58:36,100
prior to and leading up to

1238
00:58:36,100 --> 00:58:38,401
Mr. Edwards second application.

1239
00:58:46,100 --> 00:58:50,100
What is on the screen now are

1240
00:58:50,100 --> 00:58:52,100
surveys that were done

1241
00:58:52,100 --> 00:58:55,100
by other surveyors. Thank you

1242
00:58:57,100 --> 00:59:00,100
so much. Am I done? Yes, sir. I

1243
00:59:00,100 --> 00:59:01,100
used my, my 15 minutes? Yes,

1244
00:59:01,100 --> 00:59:03,100
sir. All right, well,

1245
00:59:03,100 --> 00:59:05,100
thank you. All right,

1246
00:59:05,100 --> 00:59:06,100
thank you. All right,

1247
00:59:06,100 --> 00:59:09,100
we will now have 15 minutes.

1248
00:59:15,100 --> 00:59:18,601
Excuse me, Judge, if you start

1249
00:59:19,100 --> 00:59:21,100
over. Okay, thank you. Give me

1250
00:59:21,100 --> 00:59:23,100
the sign when it's time.

1251
00:59:23,100 --> 00:59:25,100
Okay, I am retired Judge

1252
00:59:25,100 --> 00:59:26,100
Bernice Donald. My address is

1253
00:59:26,100 --> 00:59:28,100
6077 Primacy Parkway, Suite

1254
00:59:30,100 --> 00:59:31,100
200, and I am here this

1255
00:59:31,100 --> 00:59:33,100
afternoon with pride

1256
00:59:33,100 --> 00:59:35,100
to represent Grind

1257
00:59:35,100 --> 00:59:37,100
Management, owned by Ethan

1258
00:59:37,100 --> 00:59:38,100
Edwards. I have a prepared

1259
00:59:38,100 --> 00:59:39,100
presentation, but I want

1260
00:59:39,100 --> 00:59:40,100
to just address 2 quick things

1261
00:59:40,100 --> 00:59:42,100
because I'm senior now and I

1262
00:59:42,100 --> 00:59:44,100
need to correct a couple

1263
00:59:44,100 --> 00:59:47,100
of things. Mr. Spence accuses

1264
00:59:48,100 --> 00:59:52,100
my client of fraud, and I want

1265
00:59:52,100 --> 00:59:54,100
to absolutely and flatly rebut

1266
00:59:54,100 --> 00:59:57,100
that right here and now. Mr.

1267
00:59:57,100 --> 00:59:59,401
Edwards sought legal advice

1268
01:00:01,100 --> 01:00:04,100
after reviewing the, the Muni

1269
01:00:04,100 --> 01:00:06,100
Code, which at that time had

1270
01:00:06,100 --> 01:00:08,401
dropped any reference to 1,500

1271
01:00:09,100 --> 01:00:11,100
feet. It had some ellipses

1272
01:00:11,100 --> 01:00:14,601
there. And Mr. Spence and the

1273
01:00:15,100 --> 01:00:17,100
council went to Chancery Court

1274
01:00:17,100 --> 01:00:18,100
and they argued to Chancellor

1275
01:00:18,100 --> 01:00:20,100
Jenkins that that 1985

1276
01:00:20,100 --> 01:00:22,100
ordinance, even though there is

1277
01:00:22,100 --> 01:00:24,100
no facial reference to 1,500,

1278
01:00:24,100 --> 01:00:25,100
it's still there because the

1279
01:00:25,100 --> 01:00:27,100
ellipses preserved it. If you

1280
01:00:27,100 --> 01:00:29,100
went around this chamber right

1281
01:00:29,100 --> 01:00:30,100
now and asked people

1282
01:00:30,100 --> 01:00:32,100
in this audience,

1283
01:00:32,100 --> 01:00:33,100
what do the ellipses mean?

1284
01:00:33,100 --> 01:00:34,100
Most of them could tell you.

1285
01:00:34,100 --> 01:00:36,100
Mr. Edwards is not a lawyer,

1286
01:00:36,100 --> 01:00:39,100
and that's the reference which

1287
01:00:39,100 --> 01:00:41,100
Mr. Spence skews. On the

1288
01:00:41,100 --> 01:00:43,100
September 18th Open Meetings

1289
01:00:43,100 --> 01:00:45,100
Act agenda,

1290
01:00:47,100 --> 01:00:50,100
there was not a quorum. Mr.

1291
01:00:50,100 --> 01:00:52,100
Edwards didn't set that agenda,

1292
01:00:52,100 --> 01:00:54,100
but the Alcohol Commission

1293
01:00:54,100 --> 01:00:55,100
could not do its business

1294
01:00:55,100 --> 01:00:57,100
because they didn't have a

1295
01:00:57,100 --> 01:00:58,100
quorum, and Ms. Fullylove

1296
01:00:58,100 --> 01:01:00,100
announced to the audience We

1297
01:01:00,100 --> 01:01:02,100
don't have a quorum. We will

1298
01:01:02,100 --> 01:01:03,100
try

1299
01:01:03,100 --> 01:01:04,100
to canvass our members and find

1300
01:01:04,100 --> 01:01:06,100
out when we have a majority,

1301
01:01:06,100 --> 01:01:07,100
and then we will reconvene. If

1302
01:01:07,100 --> 01:01:09,100
you have something

1303
01:01:09,100 --> 01:01:10,100
on the agenda and you want

1304
01:01:10,100 --> 01:01:12,100
to be heard, let us know. Mr.

1305
01:01:12,100 --> 01:01:14,100
Edwards was there, heard that,

1306
01:01:14,100 --> 01:01:16,100
and he appeared by Zoom

1307
01:01:16,100 --> 01:01:19,100
on the 20th. Not anything that

1308
01:01:19,100 --> 01:01:22,100
he did. The Alcohol Commission

1309
01:01:22,100 --> 01:01:23,100
handled a number of items

1310
01:01:23,100 --> 01:01:26,100
at that time. Including voting

1311
01:01:26,100 --> 01:01:28,100
on his application. They voted

1312
01:01:28,100 --> 01:01:30,100
on the opening

1313
01:01:30,100 --> 01:01:31,100
of another liquor store, 321

1314
01:01:31,100 --> 01:01:34,601
South Main. The only person who

1315
01:01:35,100 --> 01:01:37,100
was challenged in Chancery

1316
01:01:37,100 --> 01:01:39,401
Court was Grind Management.

1317
01:01:40,100 --> 01:01:41,100
The other liquor store that was

1318
01:01:41,100 --> 01:01:43,100
approved on that agenda, the

1319
01:01:43,100 --> 01:01:44,100
court said everything is null

1320
01:01:44,100 --> 01:01:46,100
and void. Busters didn't go

1321
01:01:46,100 --> 01:01:47,100
in there and say, oh my God,

1322
01:01:47,100 --> 01:01:48,100
they're opening up,

1323
01:01:48,100 --> 01:01:50,100
it's null and void. That liquor

1324
01:01:50,100 --> 01:01:52,100
store opened 2 to 3 months

1325
01:01:52,100 --> 01:01:54,100
later without incident. What I

1326
01:01:54,100 --> 01:01:55,100
want to say to you now

1327
01:01:55,100 --> 01:01:58,100
before my 15 minutes are up,

1328
01:01:59,100 --> 01:02:01,100
this afternoon we are asking

1329
01:02:01,100 --> 01:02:03,100
this body, which sits not as a

1330
01:02:03,100 --> 01:02:05,100
legislative body

1331
01:02:05,100 --> 01:02:08,100
but as a quasi-judicial body,

1332
01:02:08,100 --> 01:02:10,100
meaning that you act as judges

1333
01:02:10,100 --> 01:02:12,100
without the formal rules but as

1334
01:02:12,100 --> 01:02:14,100
judges making judicial

1335
01:02:14,100 --> 01:02:15,100
decisions, and I want

1336
01:02:15,100 --> 01:02:16,100
to ask you

1337
01:02:16,100 --> 01:02:17,100
to dismiss this petition for 3

1338
01:02:17,100 --> 01:02:19,401
reasons. One, Buster's, D

1339
01:02:22,100 --> 01:02:25,100
Wine, and the Liquor Depot have

1340
01:02:25,100 --> 01:02:28,100
no legal standing to appear

1341
01:02:28,100 --> 01:02:29,100
before you and challenge this

1342
01:02:29,100 --> 01:02:30,100
application or challenge the

1343
01:02:30,100 --> 01:02:32,401
actions of the Alcohol

1344
01:02:33,100 --> 01:02:35,100
Commission. They have no injury

1345
01:02:35,100 --> 01:02:37,100
in fact or law. There is

1346
01:02:37,100 --> 01:02:39,100
nothing that they could do

1347
01:02:39,100 --> 01:02:41,100
before January 6th when this

1348
01:02:41,100 --> 01:02:43,100
was approved that they could

1349
01:02:43,100 --> 01:02:44,100
not do afterwards or now. They

1350
01:02:44,100 --> 01:02:46,401
have no cognizable injury.

1351
01:02:47,100 --> 01:02:49,100
Mr. Spence is a brilliant

1352
01:02:49,100 --> 01:02:52,100
lawyer. He is well esteemed,

1353
01:02:52,100 --> 01:02:53,100
but his esteem and his

1354
01:02:53,100 --> 01:02:55,100
brilliance cannot create legal

1355
01:02:55,100 --> 01:02:57,100
standing in a court of law or

1356
01:02:57,100 --> 01:02:59,401
before a quasi-judicial body.

1357
01:03:00,100 --> 01:03:02,100
The other thing is, as I said,

1358
01:03:02,100 --> 01:03:03,100
there is no injury in fact.

1359
01:03:03,100 --> 01:03:06,100
They cannot come in here,

1360
01:03:07,100 --> 01:03:08,100
even though they mention

1361
01:03:08,100 --> 01:03:10,100
Woodland Presbyterian, they

1362
01:03:10,100 --> 01:03:11,100
cannot invoke the jurisdiction

1363
01:03:11,100 --> 01:03:13,401
of Woodland Presbyterian church

1364
01:03:14,100 --> 01:03:15,100
or school in order

1365
01:03:15,100 --> 01:03:16,100
to get standing. They simply

1366
01:03:16,100 --> 01:03:17,100
have none. They are

1367
01:03:17,100 --> 01:03:19,100
non-parties,

1368
01:03:19,100 --> 01:03:22,100
and a non-party cannot come in

1369
01:03:22,100 --> 01:03:24,100
and challenge this application.

1370
01:03:24,100 --> 01:03:26,100
In the statute, it provides

1371
01:03:26,100 --> 01:03:28,100
for a right of appeal,

1372
01:03:28,100 --> 01:03:29,100
but that right of appeal is

1373
01:03:29,100 --> 01:03:31,100
for the applicant. Buster's,

1374
01:03:31,100 --> 01:03:33,100
D. Wine's, and the Liquor

1375
01:03:33,100 --> 01:03:35,100
Depot were not applicants.

1376
01:03:35,100 --> 01:03:37,100
There are people who come in

1377
01:03:37,100 --> 01:03:38,100
here every time you have a

1378
01:03:38,100 --> 01:03:40,100
meeting and seek to speak.

1379
01:03:40,100 --> 01:03:42,100
They fill out a card.

1380
01:03:42,100 --> 01:03:43,100
But that filling out a card and

1381
01:03:43,100 --> 01:03:44,100
speaking does not give them the

1382
01:03:44,100 --> 01:03:45,100
right to step into a court

1383
01:03:45,100 --> 01:03:47,100
of law and sue your action.

1384
01:03:47,100 --> 01:03:48,100
Mr. Spence argues a pseudo-good

1385
01:03:48,100 --> 01:03:50,100
government argument. The

1386
01:03:50,100 --> 01:03:51,100
Supreme Court has said that the

1387
01:03:51,100 --> 01:03:53,100
person who comes

1388
01:03:53,100 --> 01:03:54,100
in and gets standing to

1389
01:03:54,100 --> 01:03:56,100
challenge a petition must not

1390
01:03:56,100 --> 01:03:58,100
have a generalized right that

1391
01:03:58,100 --> 01:04:00,100
every other citizen would have.

1392
01:04:00,100 --> 01:04:01,100
They have

1393
01:04:01,100 --> 01:04:03,100
to have some special injury.

1394
01:04:03,100 --> 01:04:05,100
If you ask Mr. Spence, what is

1395
01:04:05,100 --> 01:04:07,401
the injury that Buster

1396
01:04:08,100 --> 01:04:10,100
suffered? The answer's got

1397
01:04:10,100 --> 01:04:12,100
to be none. What is the injury

1398
01:04:12,100 --> 01:04:15,100
that D. Wine suffered? None.

1399
01:04:15,100 --> 01:04:17,100
What is the injury that the

1400
01:04:17,100 --> 01:04:19,401
Wine Depot suffered? None.

1401
01:04:20,100 --> 01:04:22,100
This is a spurious and ongoing

1402
01:04:22,100 --> 01:04:24,100
campaign to keep Mr. Edwards

1403
01:04:24,100 --> 01:04:26,100
and Grind Management

1404
01:04:26,100 --> 01:04:28,100
from opening their store. I

1405
01:04:28,100 --> 01:04:29,100
want to quickly go through the

1406
01:04:29,100 --> 01:04:30,100
presentation now because I want

1407
01:04:30,100 --> 01:04:31,100
to show you a couple

1408
01:04:31,100 --> 01:04:33,100
of things. I want to talk

1409
01:04:33,100 --> 01:04:34,100
to you about investments in

1410
01:04:34,100 --> 01:04:36,100
Memphis. So why are we here?

1411
01:04:36,100 --> 01:04:38,100
We're here because Busters and

1412
01:04:38,100 --> 01:04:41,100
those other appellants do not

1413
01:04:41,100 --> 01:04:43,100
want lawful competition. They

1414
01:04:43,100 --> 01:04:45,100
do not want this man to open.

1415
01:04:45,100 --> 01:04:47,100
They want to try to bury him.

1416
01:04:47,100 --> 01:04:48,100
The station has been open for

1417
01:04:48,100 --> 01:04:50,100
5 months,

1418
01:04:50,100 --> 01:04:52,100
and if you today accede

1419
01:04:52,100 --> 01:04:53,100
to their request, what do you

1420
01:04:53,100 --> 01:04:55,100
get if you go back and overrule

1421
01:04:55,100 --> 01:04:57,401
the, the Alcohol Commission's

1422
01:05:00,100 --> 01:05:01,100
action, which was based

1423
01:05:01,100 --> 01:05:03,401
on substantial evidence. What

1424
01:05:04,100 --> 01:05:06,100
does that do for you? What does

1425
01:05:06,100 --> 01:05:09,601
it get? It gets nothing because

1426
01:05:10,100 --> 01:05:12,100
the Alcohol Commission did not

1427
01:05:12,100 --> 01:05:13,100
issue a final order. They only

1428
01:05:13,100 --> 01:05:15,100
made a recommendation to

1429
01:05:15,100 --> 01:05:18,100
Mayor Young. Mayor Young then

1430
01:05:18,100 --> 01:05:20,100
reviewed that recommendation

1431
01:05:20,100 --> 01:05:22,100
and sent it to the state. The

1432
01:05:22,100 --> 01:05:24,100
state of Tennessee is the

1433
01:05:24,100 --> 01:05:25,100
licensing authority and that

1434
01:05:25,100 --> 01:05:27,100
issued that license,

1435
01:05:27,100 --> 01:05:28,100
which gave Mr. Edwards a

1436
01:05:28,100 --> 01:05:29,100
property right

1437
01:05:29,100 --> 01:05:31,100
in that license. So if you,

1438
01:05:31,100 --> 01:05:33,100
if you today say, okay,

1439
01:05:33,100 --> 01:05:34,100
they didn't have authority,

1440
01:05:34,100 --> 01:05:35,100
what do you do then? Do you sue

1441
01:05:35,100 --> 01:05:37,100
Mayor Young in his official

1442
01:05:37,100 --> 01:05:39,100
capacity and ask him to revoke

1443
01:05:39,100 --> 01:05:40,100
or rescind his certificate

1444
01:05:40,100 --> 01:05:43,100
of compliance? A suit against

1445
01:05:44,100 --> 01:05:45,100
Mayor Young in his official

1446
01:05:45,100 --> 01:05:47,100
capacity is a suit

1447
01:05:47,100 --> 01:05:48,100
against the City of Memphis.

1448
01:05:48,100 --> 01:05:49,100
What does that get? Do you go

1449
01:05:49,100 --> 01:05:51,100
over to Chancery Court where

1450
01:05:51,100 --> 01:05:53,100
Mr., Mr. Hammond and Busters has

1451
01:05:53,100 --> 01:05:55,100
already filed an action

1452
01:05:55,100 --> 01:05:56,100
against Mr. Edwards. Do you

1453
01:05:56,100 --> 01:05:58,100
step into those shoes and try

1454
01:05:58,100 --> 01:06:00,100
to prosecute an action

1455
01:06:00,100 --> 01:06:01,100
against yourselves, the city

1456
01:06:01,100 --> 01:06:03,100
of Memphis, there? Or does

1457
01:06:03,100 --> 01:06:04,100
Memphis go to Davidson County

1458
01:06:04,100 --> 01:06:06,100
in Nashville and file an action

1459
01:06:06,100 --> 01:06:08,100
in chancery court

1460
01:06:08,100 --> 01:06:10,100
to try and strip him

1461
01:06:10,100 --> 01:06:13,100
of his license? I say no. This

1462
01:06:13,100 --> 01:06:14,100
is the station. You can see

1463
01:06:14,100 --> 01:06:16,100
it's alive and going. It's been

1464
01:06:16,100 --> 01:06:19,100
going now for about 5 months.

1465
01:06:19,100 --> 01:06:20,100
The Memphis Alcohol

1466
01:06:20,100 --> 01:06:21,100
Commission,

1467
01:06:21,100 --> 01:06:23,100
after a full hearing spanning

1468
01:06:23,100 --> 01:06:24,100
2 full days, found that

1469
01:06:24,100 --> 01:06:26,100
Grind's 2025 application

1470
01:06:26,100 --> 01:06:28,100
complied with all local state

1471
01:06:28,100 --> 01:06:30,100
laws and ordinances. The

1472
01:06:30,100 --> 01:06:31,100
Memphis mayor signed the

1473
01:06:31,100 --> 01:06:33,100
ordinance. The Tennessee

1474
01:06:33,100 --> 01:06:35,100
Alcoholic Beverage Commission

1475
01:06:35,100 --> 01:06:36,100
granted a license

1476
01:06:36,100 --> 01:06:38,100
after their own investigation.

1477
01:06:38,100 --> 01:06:39,100
So today you should reject this

1478
01:06:39,100 --> 01:06:42,100
appeal, dismiss it, and tell

1479
01:06:42,100 --> 01:06:44,100
Busters and, and their cohorts

1480
01:06:44,100 --> 01:06:46,100
to leave this man alone and let

1481
01:06:46,100 --> 01:06:48,100
him run his business and

1482
01:06:48,100 --> 01:06:49,100
contribute to the fabric

1483
01:06:49,100 --> 01:06:51,100
of this city. The survey,

1484
01:06:51,100 --> 01:06:52,100
this is what we presented

1485
01:06:52,100 --> 01:06:54,100
to the Alcohol Commission,

1486
01:06:54,100 --> 01:06:56,100
which is the only real survey

1487
01:06:56,100 --> 01:06:58,100
in the packet. This was done

1488
01:06:58,100 --> 01:07:00,100
by the Reed Survey. Greg

1489
01:07:00,100 --> 01:07:02,100
Markham, a licensed surveyor,

1490
01:07:02,100 --> 01:07:05,100
is here this afternoon. He

1491
01:07:05,100 --> 01:07:06,100
testified before the Alcohol

1492
01:07:06,100 --> 01:07:07,100
Commission. They questioned

1493
01:07:07,100 --> 01:07:09,100
him. That is the survey. You

1494
01:07:09,100 --> 01:07:10,100
see,

1495
01:07:10,100 --> 01:07:12,100
they told you what people said.

1496
01:07:12,100 --> 01:07:13,100
It doesn't matter what anybody

1497
01:07:13,100 --> 01:07:14,100
said. The only thing that

1498
01:07:14,100 --> 01:07:17,100
matters is the language in the

1499
01:07:17,100 --> 01:07:18,100
ordinance that this body

1500
01:07:18,100 --> 01:07:20,100
promulgated. And that,

1501
01:07:21,100 --> 01:07:23,100
that ordinance specifies 2

1502
01:07:23,100 --> 01:07:25,100
methodologies, one

1503
01:07:25,100 --> 01:07:27,100
for a small, maybe single

1504
01:07:27,100 --> 01:07:28,100
storefront,

1505
01:07:28,100 --> 01:07:30,100
and the other one that relates

1506
01:07:30,100 --> 01:07:31,100
to a commercial establishment

1507
01:07:31,100 --> 01:07:33,100
greater than 2 acres

1508
01:07:33,100 --> 01:07:36,100
with multi tenants on that.

1509
01:07:36,100 --> 01:07:38,100
That is the measurement that

1510
01:07:38,100 --> 01:07:40,100
the other people did not use.

1511
01:07:40,100 --> 01:07:41,100
One thing that Mr. Spence put

1512
01:07:41,100 --> 01:07:42,100
up there as a, as a,

1513
01:07:42,100 --> 01:07:43,100
as a survey is something by

1514
01:07:43,100 --> 01:07:44,100
Greg Williamson with the city

1515
01:07:44,100 --> 01:07:46,100
Williams, I believe,

1516
01:07:46,100 --> 01:07:48,100
and it says spatially,

1517
01:07:48,100 --> 01:07:51,100
this is not a survey.

1518
01:07:51,100 --> 01:07:52,100
For a survey,

1519
01:07:52,100 --> 01:07:53,100
see a professional surveyor.

1520
01:07:53,100 --> 01:07:55,100
So Greg Markham put

1521
01:07:55,100 --> 01:07:57,100
in the only real survey.

1522
01:07:57,100 --> 01:07:59,100
There's the language up there.

1523
01:07:59,100 --> 01:08:00,100
I know we don't have a lot

1524
01:08:00,100 --> 01:08:01,100
of time, so I'm not going

1525
01:08:01,100 --> 01:08:02,100
to go through that right now,

1526
01:08:02,100 --> 01:08:03,100
but if we have some rebuttal,

1527
01:08:03,100 --> 01:08:06,601
I'll come back. Keep going. So

1528
01:08:07,100 --> 01:08:08,100
the measurement methodology,

1529
01:08:08,100 --> 01:08:10,100
I want you to think about

1530
01:08:10,100 --> 01:08:11,100
Those of you who've gone to

1531
01:08:11,100 --> 01:08:12,100
Wolfchase, think about all

1532
01:08:12,100 --> 01:08:14,100
of a sudden Macy's being

1533
01:08:14,100 --> 01:08:16,100
transformed

1534
01:08:17,100 --> 01:08:19,100
into a liquor establishment.

1535
01:08:19,100 --> 01:08:20,100
So according to Mr. Spence, if

1536
01:08:20,100 --> 01:08:21,100
you wanted

1537
01:08:21,100 --> 01:08:22,100
to measure the distance from

1538
01:08:22,100 --> 01:08:23,100
Macy's to somewhere,

1539
01:08:23,100 --> 01:08:24,100
you would go out

1540
01:08:24,100 --> 01:08:26,100
to either the middle of

1541
01:08:26,100 --> 01:08:27,100
Highway 64 and begin your

1542
01:08:27,100 --> 01:08:28,100
measurement, or you would go

1543
01:08:28,100 --> 01:08:29,100
out to the middle of

1544
01:08:29,100 --> 01:08:30,100
Germantown Parkway and begin

1545
01:08:30,100 --> 01:08:32,100
that. That is ludicrous. Your

1546
01:08:32,100 --> 01:08:34,100
ordinance in your language says

1547
01:08:34,100 --> 01:08:37,100
that you start in the front

1548
01:08:37,100 --> 01:08:40,100
of the building and you,

1549
01:08:40,100 --> 01:08:41,100
you go along a public or

1550
01:08:41,100 --> 01:08:43,100
private street,

1551
01:08:43,100 --> 01:08:45,100
private street being defined

1552
01:08:45,100 --> 01:08:47,100
to be a private passageway

1553
01:08:47,100 --> 01:08:49,100
for vehicles. There are all

1554
01:08:49,100 --> 01:08:50,100
kinds of passageways, but this

1555
01:08:50,100 --> 01:08:52,100
one is a private passageway

1556
01:08:52,100 --> 01:08:54,100
for vehicles. And so that's

1557
01:08:54,100 --> 01:08:57,100
what Greg Markham did. He went

1558
01:08:57,100 --> 01:08:59,100
to the front of the,

1559
01:08:59,100 --> 01:09:00,100
the building and measured

1560
01:09:00,100 --> 01:09:01,100
from there, and he made the

1561
01:09:01,100 --> 01:09:03,401
appropriate turns And he

1562
01:09:04,100 --> 01:09:06,401
yielded a distance of 1,559.37

1563
01:09:07,100 --> 01:09:09,100
feet, which is

1564
01:09:10,100 --> 01:09:12,401
within the ordinance distance.

1565
01:09:14,100 --> 01:09:15,100
Just a couple

1566
01:09:15,100 --> 01:09:17,100
of other things that I want to,

1567
01:09:17,100 --> 01:09:21,100
want to tell you. I don't know

1568
01:09:21,100 --> 01:09:23,100
how much time I have,

1569
01:09:23,100 --> 01:09:24,100
but I want to tell you that

1570
01:09:24,100 --> 01:09:26,100
in the time,

1571
01:09:26,100 --> 01:09:27,100
the short time that Mr.

1572
01:09:27,100 --> 01:09:29,100
Edwards has been

1573
01:09:29,100 --> 01:09:31,100
in operation, He employs 26

1574
01:09:31,100 --> 01:09:33,100
full-time employees and 4

1575
01:09:33,100 --> 01:09:35,100
part-timers. 70%

1576
01:09:35,100 --> 01:09:36,100
of those employees are

1577
01:09:36,100 --> 01:09:38,100
from the city of Memphis. He

1578
01:09:38,100 --> 01:09:41,100
has yielded a payroll of

1579
01:09:41,100 --> 01:09:43,100
$700, pardon me, $661,596

1580
01:09:45,100 --> 01:09:47,100
to date. He estimates

1581
01:09:47,100 --> 01:09:49,100
by year's end it'll be

1582
01:09:49,100 --> 01:09:51,401
$788,000. He has spent more

1583
01:09:54,100 --> 01:09:56,401
than $213,000 with women and

1584
01:09:57,100 --> 01:09:59,401
minority business owners. He's

1585
01:10:01,100 --> 01:10:03,100
invested some $1.262 million

1586
01:10:03,100 --> 01:10:04,100
in facility upgrades

1587
01:10:04,100 --> 01:10:07,601
to get this station going. He

1588
01:10:08,100 --> 01:10:09,100
is

1589
01:10:09,100 --> 01:10:10,100
at this time estimating that

1590
01:10:10,100 --> 01:10:12,100
in 2027 he will,

1591
01:10:14,100 --> 01:10:16,100
will contribute some $730,255

1592
01:10:17,100 --> 01:10:20,100
in taxes. That's state, county,

1593
01:10:20,100 --> 01:10:22,401
and city. He is

1594
01:10:23,100 --> 01:10:25,100
about the business of making

1595
01:10:25,100 --> 01:10:27,100
this enterprise work. I know

1596
01:10:27,100 --> 01:10:28,100
I'm getting close to the end,

1597
01:10:28,100 --> 01:10:31,601
so let me just say this

1598
01:10:33,100 --> 01:10:35,100
to you. Mr. Edwards wakes up

1599
01:10:35,100 --> 01:10:37,100
every day mission-focused,

1600
01:10:37,100 --> 01:10:38,100
going to find

1601
01:10:38,100 --> 01:10:40,100
out what he can do to make his

1602
01:10:40,100 --> 01:10:41,100
business successful,

1603
01:10:41,100 --> 01:10:42,100
what he can do to improve,

1604
01:10:42,100 --> 01:10:43,100
what he can do to contribute

1605
01:10:43,100 --> 01:10:46,100
to the fabric of this city. He

1606
01:10:46,100 --> 01:10:48,100
has been pelted and whipsawed

1607
01:10:48,100 --> 01:10:50,100
and accused and maligned by

1608
01:10:50,100 --> 01:10:52,100
individuals who simply do not

1609
01:10:52,100 --> 01:10:53,100
want competition, which is what

1610
01:10:53,100 --> 01:10:55,100
this country is based on,

1611
01:10:55,100 --> 01:10:56,100
competition,

1612
01:10:56,100 --> 01:10:58,401
lawful competition. He spent

1613
01:10:59,100 --> 01:11:01,100
his life, his time, his talent,

1614
01:11:01,100 --> 01:11:02,100
his treasure. He's exhausted

1615
01:11:02,100 --> 01:11:04,100
his family trying to secure a

1616
01:11:04,100 --> 01:11:06,100
safe and prosperous business

1617
01:11:06,100 --> 01:11:07,100
that currently employs the

1618
01:11:07,100 --> 01:11:10,100
people that I've told you.

1619
01:11:10,100 --> 01:11:12,100
He's never sued Busters, D.

1620
01:11:12,100 --> 01:11:13,100
Wines, or Wine and Liquors.

1621
01:11:13,100 --> 01:11:15,100
He's been keeping his head

1622
01:11:15,100 --> 01:11:17,100
down building that business.

1623
01:11:17,100 --> 01:11:20,100
There is no case here. Tell

1624
01:11:20,100 --> 01:11:22,401
Busters and their colleagues

1625
01:11:23,100 --> 01:11:25,100
it's time to stop. It's time

1626
01:11:25,100 --> 01:11:27,100
to stop this man from draining

1627
01:11:27,100 --> 01:11:29,100
his resources trying

1628
01:11:31,100 --> 01:11:32,100
to further a lawsuit

1629
01:11:32,100 --> 01:11:33,100
to keep him out

1630
01:11:33,100 --> 01:11:34,100
of business. I want

1631
01:11:34,100 --> 01:11:36,100
to leave you with one story.

1632
01:11:36,100 --> 01:11:37,100
There's a story that many

1633
01:11:37,100 --> 01:11:38,100
of you have heard

1634
01:11:38,100 --> 01:11:39,100
about a sage who lived

1635
01:11:39,100 --> 01:11:42,100
in a community, Dr. Warren.

1636
01:11:42,100 --> 01:11:44,100
She was blind.

1637
01:11:44,100 --> 01:11:45,100
But she was wise. These boys,

1638
01:11:45,100 --> 01:11:47,100
these young boys who were full

1639
01:11:47,100 --> 01:11:49,100
of mischief, they decided that

1640
01:11:49,100 --> 01:11:52,100
they were going to trick her.

1641
01:11:52,100 --> 01:11:53,100
They said, we're going

1642
01:11:53,100 --> 01:11:55,100
to get a bird and we're going

1643
01:11:55,100 --> 01:11:57,100
to go to her and we're going

1644
01:11:57,100 --> 01:11:58,100
to say, woman, we have

1645
01:11:58,100 --> 01:12:01,100
in our hands a bird. We want

1646
01:12:01,100 --> 01:12:02,100
you to tell us whether the bird

1647
01:12:02,100 --> 01:12:04,100
is living or dead. And their

1648
01:12:04,100 --> 01:12:07,100
plan was if she said living,

1649
01:12:07,100 --> 01:12:08,100
they were going to close their

1650
01:12:08,100 --> 01:12:11,100
hands and crush it. If she said

1651
01:12:11,100 --> 01:12:12,100
dead, they were going to open

1652
01:12:12,100 --> 01:12:13,100
their hands and let it fly

1653
01:12:13,100 --> 01:12:15,100
away,

1654
01:12:15,100 --> 01:12:16,100
and she could hear the flapping

1655
01:12:16,100 --> 01:12:17,100
of the wings. And so they came

1656
01:12:17,100 --> 01:12:18,100
to her and they said,

1657
01:12:18,100 --> 01:12:21,100
we have a bird, Councilman

1658
01:12:21,100 --> 01:12:23,100
Walker. What, what,

1659
01:12:23,100 --> 01:12:24,100
tell us the status. And she

1660
01:12:24,100 --> 01:12:26,401
said, I don't know,

1661
01:12:32,100 --> 01:12:35,100
but the bird's fate is in your

1662
01:12:35,100 --> 01:12:37,100
hands. I don't know whether

1663
01:12:37,100 --> 01:12:40,100
Mr. Edwards will succeed or

1664
01:12:40,100 --> 01:12:42,100
fail in his business. I don't

1665
01:12:42,100 --> 01:12:43,100
know whether it will become one

1666
01:12:43,100 --> 01:12:44,100
of the leading liquor

1667
01:12:44,100 --> 01:12:45,100
establishments in this

1668
01:12:45,100 --> 01:12:46,100
community. I don't know that.

1669
01:12:46,100 --> 01:12:48,100
What I do know is that he

1670
01:12:48,100 --> 01:12:49,100
deserves the opportunity

1671
01:12:49,100 --> 01:12:52,100
to try, and his opportunity,

1672
01:12:52,100 --> 01:12:55,100
whatever that end may be,

1673
01:12:56,100 --> 01:12:58,100
his opportunity is

1674
01:12:58,100 --> 01:13:00,100
in your hands. Do not deny him

1675
01:13:00,100 --> 01:13:02,100
that opportunity. Because

1676
01:13:03,100 --> 01:13:04,100
someone is afraid

1677
01:13:04,100 --> 01:13:06,401
of competition. Thank you.

1678
01:13:14,100 --> 01:13:16,100
Thumbs up, thumbs down. We do

1679
01:13:16,100 --> 01:13:19,100
have one card, and then

1680
01:13:19,100 --> 01:13:20,100
Attorney Wade will get you

1681
01:13:20,100 --> 01:13:23,100
to give us some clarification.

1682
01:13:25,100 --> 01:13:28,100
Samuel Fogestine. I yield my

1683
01:13:30,100 --> 01:13:32,100
time, yield my comment. Thank

1684
01:13:32,100 --> 01:13:35,100
you. Okay. All right. All

1685
01:13:35,100 --> 01:13:37,100
right. Attorney Wade, if you

1686
01:13:37,100 --> 01:13:39,401
will offer some clarification,

1687
01:13:43,100 --> 01:13:46,601
please. I'll do my best. The,

1688
01:13:47,100 --> 01:13:49,100
the only issue, I mean,

1689
01:13:49,100 --> 01:13:51,100
this is the second appeal we've

1690
01:13:51,100 --> 01:13:52,100
had,

1691
01:13:52,100 --> 01:13:54,100
alcohol appeal we've had. One

1692
01:13:54,100 --> 01:13:57,601
of them was denied because the

1693
01:13:58,100 --> 01:13:59,100
Alcohol Commission determined

1694
01:13:59,100 --> 01:14:00,100
that they did not meet the

1695
01:14:00,100 --> 01:14:02,401
distance requirement. And we

1696
01:14:03,100 --> 01:14:05,100
heard the appeal, and I told

1697
01:14:05,100 --> 01:14:07,100
you then that the only issue

1698
01:14:07,100 --> 01:14:09,100
that you decide is whether or

1699
01:14:09,100 --> 01:14:11,100
not the application meets the

1700
01:14:11,100 --> 01:14:13,100
distance requirement. You've

1701
01:14:15,100 --> 01:14:17,100
heard a lot of arguments

1702
01:14:17,100 --> 01:14:19,100
about standing, noncompetitive,

1703
01:14:19,100 --> 01:14:21,100
how much people make. Those

1704
01:14:21,100 --> 01:14:23,100
arguments are irrelevant. The

1705
01:14:23,100 --> 01:14:25,401
ordinance provides that the

1706
01:14:28,100 --> 01:14:30,401
City Commission shall decide

1707
01:14:31,100 --> 01:14:33,100
the restriction. The City

1708
01:14:33,100 --> 01:14:35,100
Commission, when this ordinance

1709
01:14:35,100 --> 01:14:36,100
was adopted, was composed of 5

1710
01:14:36,100 --> 01:14:38,100
members, one

1711
01:14:39,100 --> 01:14:42,100
of whom was the mayor. That

1712
01:14:42,100 --> 01:14:44,100
provision, as far as I can

1713
01:14:44,100 --> 01:14:47,100
tell, has never been changed.

1714
01:14:47,100 --> 01:14:49,100
So ultimately you would have to

1715
01:14:49,100 --> 01:14:51,100
make the decision even though

1716
01:14:51,100 --> 01:14:53,100
the mayor has, and the

1717
01:14:53,100 --> 01:14:55,401
Alcohol Commission has decided

1718
01:14:56,100 --> 01:14:58,100
that it does or it doesn't.

1719
01:14:58,100 --> 01:15:00,100
The Alcohol Commission is an

1720
01:15:00,100 --> 01:15:02,100
administrative body. It does

1721
01:15:02,100 --> 01:15:05,601
not have the, the power to

1722
01:15:06,100 --> 01:15:07,100
write ordinances or make

1723
01:15:07,100 --> 01:15:09,100
legislative decisions. The

1724
01:15:09,100 --> 01:15:10,100
mayor is administrative or

1725
01:15:10,100 --> 01:15:12,401
executive. He doesn't either.

1726
01:15:13,100 --> 01:15:14,100
But I think what it requires is

1727
01:15:14,100 --> 01:15:15,100
concurrence of 2 parties

1728
01:15:15,100 --> 01:15:17,401
to make that decision.

1729
01:15:18,100 --> 01:15:19,100
On the issue

1730
01:15:19,100 --> 01:15:21,100
of standing, I looked at that

1731
01:15:21,100 --> 01:15:22,100
and that's not an issue. I

1732
01:15:22,100 --> 01:15:23,100
think that's a legal issue that

1733
01:15:23,100 --> 01:15:25,100
they can take up in court,

1734
01:15:25,100 --> 01:15:27,100
and I believe a court would

1735
01:15:27,100 --> 01:15:30,601
want to know what this body's

1736
01:15:31,100 --> 01:15:33,100
interpretation of its own

1737
01:15:33,100 --> 01:15:34,100
ordinance was and whether it

1738
01:15:34,100 --> 01:15:37,100
applied to this application. I

1739
01:15:38,100 --> 01:15:41,100
could argue that the alcohol

1740
01:15:41,100 --> 01:15:44,100
ordinance has a limit of 163

1741
01:15:48,100 --> 01:15:49,100
potential liquor stores

1742
01:15:49,100 --> 01:15:51,401
within the city. So

1743
01:15:52,100 --> 01:15:53,100
on its face, I think it's

1744
01:15:53,100 --> 01:15:54,100
anti-competitive because not

1745
01:15:54,100 --> 01:15:56,100
everybody can have a liquor

1746
01:15:56,100 --> 01:15:58,100
store. So I think Buster's

1747
01:15:58,100 --> 01:16:00,100
argument was that, well,

1748
01:16:00,100 --> 01:16:02,100
we've complied with the law,

1749
01:16:02,100 --> 01:16:03,100
they should comply

1750
01:16:03,100 --> 01:16:04,100
with the law. That's not

1751
01:16:04,100 --> 01:16:06,100
for y'all to decide. All you're

1752
01:16:06,100 --> 01:16:07,100
deciding is the literal

1753
01:16:07,100 --> 01:16:09,100
question

1754
01:16:09,100 --> 01:16:10,100
of whether it complies with

1755
01:16:10,100 --> 01:16:12,100
with Section 4-5,

1756
01:16:12,100 --> 01:16:14,100
the 1,500-foot.

1757
01:16:14,100 --> 01:16:16,401
Unfortunately, what I heard

1758
01:16:17,100 --> 01:16:20,100
tonight from both sides did not

1759
01:16:20,100 --> 01:16:22,401
present that precise issue

1760
01:16:23,100 --> 01:16:26,100
to you. I would have liked

1761
01:16:26,100 --> 01:16:28,100
to have seen more detail about

1762
01:16:28,100 --> 01:16:31,601
what the station has done and

1763
01:16:33,100 --> 01:16:34,100
what their position is

1764
01:16:34,100 --> 01:16:36,100
on that particular issue. How

1765
01:16:36,100 --> 01:16:38,100
have they configured their

1766
01:16:38,100 --> 01:16:40,100
property to be within the

1767
01:16:40,100 --> 01:16:42,100
1,500 feet? Does that fly?

1768
01:16:42,100 --> 01:16:43,100
Does it not fly? So you,

1769
01:16:43,100 --> 01:16:46,100
you haven't seen any of that.

1770
01:16:46,100 --> 01:16:47,100
You haven't seen any

1771
01:16:47,100 --> 01:16:49,100
of those facts. So I don't know

1772
01:16:49,100 --> 01:16:52,100
how I can give more clarity

1773
01:16:52,100 --> 01:16:54,100
unless somebody wants

1774
01:16:54,100 --> 01:16:55,100
to ask him

1775
01:16:55,100 --> 01:16:57,100
to provide specifics

1776
01:16:57,100 --> 01:16:58,100
on those two,

1777
01:16:58,100 --> 01:16:59,100
on that specific issue. That's

1778
01:16:59,100 --> 01:17:01,100
all we want to know. How is it

1779
01:17:01,100 --> 01:17:03,100
laid out? Show us how it meets

1780
01:17:03,100 --> 01:17:06,100
it. Argue why it doesn't. Y'all

1781
01:17:06,100 --> 01:17:08,100
make the decision one way or

1782
01:17:08,100 --> 01:17:09,100
the other. It's simple. It's

1783
01:17:09,100 --> 01:17:11,100
not hard. It's not into all

1784
01:17:11,100 --> 01:17:13,100
of what the history was. The

1785
01:17:13,100 --> 01:17:15,100
ordinance is the ordinance. It

1786
01:17:15,100 --> 01:17:17,100
is in effect,

1787
01:17:18,100 --> 01:17:19,100
and everybody has to comply

1788
01:17:19,100 --> 01:17:20,100
with it. So we need

1789
01:17:20,100 --> 01:17:22,100
to know why they think they do,

1790
01:17:22,100 --> 01:17:24,100
why they think they don't, and

1791
01:17:24,100 --> 01:17:26,100
you decide which side you

1792
01:17:26,100 --> 01:17:28,100
believe has made the case. So I

1793
01:17:28,100 --> 01:17:30,100
think you've got

1794
01:17:30,100 --> 01:17:31,100
to hear a little more

1795
01:17:31,100 --> 01:17:33,100
from them on though on that

1796
01:17:33,100 --> 01:17:34,100
particular issue. I don't want

1797
01:17:34,100 --> 01:17:35,100
to hear about how much money

1798
01:17:35,100 --> 01:17:37,100
and what a great guy and how

1799
01:17:37,100 --> 01:17:38,100
well he wakes up every day and

1800
01:17:38,100 --> 01:17:40,100
looks for looks for gold. We

1801
01:17:40,100 --> 01:17:42,100
need

1802
01:17:42,100 --> 01:17:44,100
to know those specific facts.

1803
01:17:44,100 --> 01:17:45,100
Those facts have no

1804
01:17:45,100 --> 01:17:46,100
personality. They are what they

1805
01:17:46,100 --> 01:17:49,100
are. They are hard, cold,

1806
01:17:49,100 --> 01:17:51,100
black and white. Let's hear

1807
01:17:51,100 --> 01:17:53,100
those. Make the decision up or

1808
01:17:53,100 --> 01:17:55,100
down. That's my recommendation.

1809
01:17:55,100 --> 01:17:56,100
Let's hear that. Can we do that

1810
01:17:56,100 --> 01:17:58,100
with 5 minutes on each side?

1811
01:17:58,100 --> 01:18:00,100
Can we do that in 5 minutes?

1812
01:18:00,100 --> 01:18:01,100
And then we'll hear

1813
01:18:01,100 --> 01:18:03,100
from the council. Okay,

1814
01:18:03,100 --> 01:18:05,100
Councilman, before he comes.

1815
01:18:05,100 --> 01:18:07,100
So before each

1816
01:18:07,100 --> 01:18:09,100
of you present echo what

1817
01:18:09,100 --> 01:18:10,100
Attorney Wade said,

1818
01:18:10,100 --> 01:18:12,401
but I also want

1819
01:18:13,100 --> 01:18:14,100
to know particularly because

1820
01:18:14,100 --> 01:18:15,100
Attorney Wade said,

1821
01:18:15,100 --> 01:18:16,100
how are you currently

1822
01:18:16,100 --> 01:18:18,100
complying, but I do want

1823
01:18:18,100 --> 01:18:19,100
to know was any alterations

1824
01:18:19,100 --> 01:18:21,100
made

1825
01:18:22,100 --> 01:18:24,100
after the initial application

1826
01:18:24,100 --> 01:18:25,100
to the Alcohol Commission. So

1827
01:18:25,100 --> 01:18:26,100
that's it for me,

1828
01:18:26,100 --> 01:18:27,100
but I look forward to hearing

1829
01:18:27,100 --> 01:18:28,100
the arguments because I'm

1830
01:18:28,100 --> 01:18:29,100
thoroughly enjoying this

1831
01:18:29,100 --> 01:18:31,100
masterclass of attorney work

1832
01:18:31,100 --> 01:18:32,100
today. I don't know what,

1833
01:18:32,100 --> 01:18:34,100
what order y'all want

1834
01:18:34,100 --> 01:18:35,100
to do it, but it may be that

1835
01:18:35,100 --> 01:18:36,100
you might want

1836
01:18:36,100 --> 01:18:39,601
to show what your situation is,

1837
01:18:40,100 --> 01:18:41,100
and I don't know,

1838
01:18:41,100 --> 01:18:42,100
however y'all want to agree

1839
01:18:42,100 --> 01:18:43,100
to do it, I don't care.

1840
01:18:43,100 --> 01:18:44,100
Councilman Warren, did you want

1841
01:18:44,100 --> 01:18:45,100
to say something? Do you think

1842
01:18:45,100 --> 01:18:46,100
that makes sense for y'all

1843
01:18:46,100 --> 01:18:47,100
to go first? Well, they speak.

1844
01:18:47,100 --> 01:18:48,100
Did you want

1845
01:18:48,100 --> 01:18:51,100
to say something? Go ahead. I

1846
01:18:51,100 --> 01:18:53,100
just have a question. There was

1847
01:18:53,100 --> 01:18:56,100
a guy named Gerald that was

1848
01:18:56,100 --> 01:18:58,100
mentioned a little bit earlier.

1849
01:18:58,100 --> 01:19:00,100
I don't know who he was. He was

1850
01:19:00,100 --> 01:19:02,401
mentioned by Councilman Spence

1851
01:19:03,100 --> 01:19:04,100
a couple times referring to

1852
01:19:04,100 --> 01:19:07,100
Gerald. And as I recall,

1853
01:19:09,100 --> 01:19:10,100
when we first heard

1854
01:19:10,100 --> 01:19:12,100
about this thing, it had,

1855
01:19:12,100 --> 01:19:13,100
we had like,

1856
01:19:13,100 --> 01:19:15,401
we hadn't updated our

1857
01:19:16,100 --> 01:19:17,100
ordinances for a while,

1858
01:19:17,100 --> 01:19:19,100
and we had like some 1980s

1859
01:19:19,100 --> 01:19:22,100
version that sort of omitted,

1860
01:19:22,100 --> 01:19:25,100
I guess, this 1500. And it's

1861
01:19:25,100 --> 01:19:26,100
almost

1862
01:19:26,100 --> 01:19:27,100
like that's what was presented

1863
01:19:27,100 --> 01:19:29,100
to the Alcohol Commission. So I

1864
01:19:29,100 --> 01:19:31,100
guess part of this is,

1865
01:19:31,100 --> 01:19:32,100
as we're sitting here,

1866
01:19:32,100 --> 01:19:33,100
I know we're supposed

1867
01:19:33,100 --> 01:19:34,100
to interpret the law,

1868
01:19:34,100 --> 01:19:35,100
but we're also judges. And

1869
01:19:35,100 --> 01:19:37,100
judges sort

1870
01:19:37,100 --> 01:19:38,100
of interpret the law based on

1871
01:19:38,100 --> 01:19:39,100
the situation when you're

1872
01:19:39,100 --> 01:19:40,100
there. So I just need

1873
01:19:40,100 --> 01:19:41,100
to know what our leeway is,

1874
01:19:41,100 --> 01:19:43,100
and I want to know who Gerald

1875
01:19:43,100 --> 01:19:47,201
is and what he said. Thank you

1876
01:19:48,100 --> 01:19:49,100
Councilman Green and Madam

1877
01:19:49,100 --> 01:19:51,100
Chair. I don't know who Gerald

1878
01:19:51,100 --> 01:19:54,601
is either. Can I speak to.

1879
01:20:17,100 --> 01:20:18,100
Councilor Warren, I think

1880
01:20:18,100 --> 01:20:20,100
whoever.

1881
01:20:20,100 --> 01:20:22,100
Councilor Warren,

1882
01:20:22,100 --> 01:20:23,100
regardless of who Gerald is,

1883
01:20:23,100 --> 01:20:24,100
that still doesn't have

1884
01:20:24,100 --> 01:20:25,100
anything to do with the 1,500

1885
01:20:25,100 --> 01:20:27,100
feet. Okay.

1886
01:20:47,100 --> 01:20:48,100
I go second. I go

1887
01:20:48,100 --> 01:20:51,601
second. I go second. Well, I

1888
01:20:55,100 --> 01:20:57,100
had a presentation that dealt

1889
01:20:57,100 --> 01:20:58,100
with this issue. I just didn't

1890
01:20:58,100 --> 01:21:02,801
get to get to it. So I thought

1891
01:21:07,100 --> 01:21:09,100
we had 20 minutes,

1892
01:21:09,100 --> 01:21:11,401
but anyway, I'm just,

1893
01:21:14,100 --> 01:21:17,601
are they ready or you ready

1894
01:21:33,100 --> 01:21:36,100
to vote? Yeah, yeah, yeah,

1895
01:21:58,100 --> 01:22:00,100
yeah, yeah, yeah.

1896
01:24:16,100 --> 01:24:19,100
Okay, Council, are we ready?

1897
01:24:36,100 --> 01:24:37,100
All right, Madam Controller, if

1898
01:24:37,100 --> 01:24:38,100
you'll put 5 minutes

1899
01:24:38,100 --> 01:24:39,100
on the screen and we're going

1900
01:24:39,100 --> 01:24:42,601
to go ahead and get started.

1901
01:24:43,100 --> 01:24:45,100
Oh, all right.

1902
01:24:57,100 --> 01:24:59,100
All right. Madam Chairman.

1903
01:24:59,100 --> 01:25:01,100
Okay, so the rules will be.

1904
01:25:01,100 --> 01:25:02,100
Okay.

1905
01:25:02,100 --> 01:25:04,100
each side will explain

1906
01:25:04,100 --> 01:25:06,401
factually what's, what's their

1907
01:25:10,100 --> 01:25:12,100
and what's not there. Okay,

1908
01:25:12,100 --> 01:25:13,100
period. And then based

1909
01:25:13,100 --> 01:25:14,100
on that,

1910
01:25:14,100 --> 01:25:15,100
you will make a decision. We

1911
01:25:15,100 --> 01:25:16,100
don't want opinions and expert

1912
01:25:16,100 --> 01:25:18,100
opinions and so

1913
01:25:18,100 --> 01:25:19,100
on and so forth. We want facts,

1914
01:25:19,100 --> 01:25:21,100
basically those 2 facts, what's

1915
01:25:21,100 --> 01:25:24,100
there and what's not there.

1916
01:25:24,100 --> 01:25:25,100
Attorney Spence, would you

1917
01:25:25,100 --> 01:25:28,100
like to begin? Yes. Madam

1918
01:25:30,100 --> 01:25:31,100
Comptroller, if you would

1919
01:25:31,100 --> 01:25:32,100
please put 5 minutes

1920
01:25:32,100 --> 01:25:35,601
on the screen. Tow down here.

1921
01:26:03,100 --> 01:26:05,100
All right,

1922
01:26:05,100 --> 01:26:06,100
as I understand the question

1923
01:26:06,100 --> 01:26:08,100
in the area of inquiry,

1924
01:26:08,100 --> 01:26:11,100
it concerns what's there now.

1925
01:26:12,100 --> 01:26:16,100
And my time ran out. This is my

1926
01:26:16,100 --> 01:26:18,100
next slide. All right, so

1927
01:26:18,100 --> 01:26:21,100
on this slide we can see what

1928
01:26:21,100 --> 01:26:23,100
Mr. Edwards submitted

1929
01:26:23,100 --> 01:26:25,401
with his second application.

1930
01:26:27,100 --> 01:26:30,100
And you can see that every

1931
01:26:30,100 --> 01:26:32,100
other survey measured

1932
01:26:34,100 --> 01:26:36,100
along those blue dots

1933
01:26:36,100 --> 01:26:37,100
from the front of the building

1934
01:26:37,100 --> 01:26:38,100
to the street

1935
01:26:38,100 --> 01:26:41,601
on which it fronts, which is

1936
01:26:42,100 --> 01:26:44,401
White Station, down White

1937
01:26:45,100 --> 01:26:47,100
Station to Park, turn on

1938
01:26:47,100 --> 01:26:50,100
White Station, and it is the

1939
01:26:50,100 --> 01:26:52,401
distance is less than 1,500

1940
01:26:54,100 --> 01:26:57,100
feet. Well, what Mr. Edwards

1941
01:26:58,100 --> 01:27:00,100
did in his new submission,

1942
01:27:00,100 --> 01:27:03,100
knowing that, that, that what

1943
01:27:04,100 --> 01:27:05,100
he submitted the first time had

1944
01:27:05,100 --> 01:27:07,401
been discovered, he then,

1945
01:27:08,100 --> 01:27:10,100
as opposed to measuring

1946
01:27:10,100 --> 01:27:12,100
from the front of the store

1947
01:27:12,100 --> 01:27:13,100
to the street

1948
01:27:13,100 --> 01:27:16,100
on which it fronts, he started

1949
01:27:16,100 --> 01:27:19,100
through the parking lot. And

1950
01:27:19,100 --> 01:27:21,100
measured through,

1951
01:27:21,100 --> 01:27:22,100
through his own parking lot

1952
01:27:22,100 --> 01:27:23,100
to try

1953
01:27:23,100 --> 01:27:26,601
to get more distance for, so

1954
01:27:27,100 --> 01:27:28,100
that he could meet the

1955
01:27:28,100 --> 01:27:30,100
proximity distance requirement.

1956
01:27:30,100 --> 01:27:33,100
And so that's what the

1957
01:27:33,100 --> 01:27:35,100
Memphis Alcohol Commission

1958
01:27:35,100 --> 01:27:36,100
approved,

1959
01:27:36,100 --> 01:27:38,100
and that is inconsistent

1960
01:27:38,100 --> 01:27:40,100
with the ordinance. That is

1961
01:27:40,100 --> 01:27:41,100
inconsistent

1962
01:27:41,100 --> 01:27:44,100
with the ordinance. So the

1963
01:27:49,100 --> 01:27:51,100
ordinance requires 1,500 feet

1964
01:27:52,100 --> 01:27:54,100
from the front entrance

1965
01:27:54,100 --> 01:27:56,401
to the street centerline,

1966
01:27:57,100 --> 01:28:00,100
the blue dot. That's what the

1967
01:28:00,100 --> 01:28:02,100
ordinance requires. That was,

1968
01:28:02,100 --> 01:28:04,100
that's what Mr. Edwards

1969
01:28:04,100 --> 01:28:05,100
submitted

1970
01:28:05,100 --> 01:28:07,100
in his first application.

1971
01:28:07,100 --> 01:28:08,100
That's what his attorney told

1972
01:28:08,100 --> 01:28:10,401
him it required. But

1973
01:28:11,100 --> 01:28:14,100
in his new application, he

1974
01:28:14,100 --> 01:28:17,100
ignored all that advice again

1975
01:28:20,100 --> 01:28:21,100
and ran or started his survey

1976
01:28:21,100 --> 01:28:22,100
by running it

1977
01:28:22,100 --> 01:28:25,100
through his parking lot, not

1978
01:28:25,100 --> 01:28:26,100
to the front of the street as

1979
01:28:26,100 --> 01:28:28,100
all the applications,

1980
01:28:28,100 --> 01:28:30,100
as all the surveys require,

1981
01:28:30,100 --> 01:28:32,100
but

1982
01:28:32,100 --> 01:28:34,100
through his own parking lot,

1983
01:28:34,100 --> 01:28:37,100
claiming that his parking lot

1984
01:28:37,100 --> 01:28:39,100
was a private drive,

1985
01:28:39,100 --> 01:28:42,100
was a private drive. And as

1986
01:28:42,100 --> 01:28:44,100
this council is well aware, and

1987
01:28:44,100 --> 01:28:47,601
a private street the UDC speaks

1988
01:28:48,100 --> 01:28:51,601
to what is a private street.

1989
01:28:55,100 --> 01:28:57,401
5.2.17, a private street must

1990
01:29:00,100 --> 01:29:03,100
be labeled on the final plat

1991
01:29:03,100 --> 01:29:06,100
and be assigned as such. You

1992
01:29:06,100 --> 01:29:08,100
have to have a lot and a block

1993
01:29:08,100 --> 01:29:09,100
number. That doesn't exist

1994
01:29:09,100 --> 01:29:12,100
here. The second requirement is

1995
01:29:12,100 --> 01:29:15,601
that it must be constructed to

1996
01:29:16,100 --> 01:29:18,100
equal or exceed the base

1997
01:29:18,100 --> 01:29:20,100
materials compaction and final

1998
01:29:20,100 --> 01:29:22,100
surfacing standards

1999
01:29:22,100 --> 01:29:24,100
for public streets as certified

2000
01:29:24,100 --> 01:29:27,100
by the city engineer. That

2001
01:29:27,100 --> 01:29:29,100
doesn't exist here. And

2002
01:29:29,100 --> 01:29:31,100
thirdly,

2003
01:29:31,100 --> 01:29:33,100
it must be owned and maintained

2004
01:29:33,100 --> 01:29:35,401
by property owners association.

2005
01:29:36,100 --> 01:29:38,100
Because the street doesn't

2006
01:29:38,100 --> 01:29:40,100
exist, nobody owns it. It's a

2007
01:29:40,100 --> 01:29:42,401
nonexistent street. So Mr.

2008
01:29:47,100 --> 01:29:50,100
Edwards' attempt to claim that

2009
01:29:50,100 --> 01:29:53,100
his own parking lot is a

2010
01:29:53,100 --> 01:29:56,100
private street where he can

2011
01:29:58,100 --> 01:30:00,100
measure between and

2012
01:30:00,100 --> 01:30:02,100
among parking spaces to try

2013
01:30:02,100 --> 01:30:04,100
to creep out more distance

2014
01:30:04,100 --> 01:30:06,100
in order to meet the proximity

2015
01:30:06,100 --> 01:30:08,401
distance requirement does not

2016
01:30:09,100 --> 01:30:11,401
work and violates your

2017
01:30:12,100 --> 01:30:15,100
ordinance. The final thing I'll

2018
01:30:18,100 --> 01:30:21,100
say If the methodology that

2019
01:30:24,100 --> 01:30:26,401
Mr. Edwards is relying

2020
01:30:31,100 --> 01:30:32,100
on is approved,

2021
01:30:32,100 --> 01:30:34,100
it won't just be approved

2022
01:30:34,100 --> 01:30:36,100
for him. It'll be approved

2023
01:30:36,100 --> 01:30:38,401
for every future individual

2024
01:30:40,100 --> 01:30:41,100
like Mr. Edwards who wants

2025
01:30:41,100 --> 01:30:44,601
to own a liquor store. They'll

2026
01:30:45,100 --> 01:30:46,100
be able to measure through

2027
01:30:46,100 --> 01:30:49,100
their own parking lot draw

2028
01:30:50,100 --> 01:30:51,100
lines

2029
01:30:51,100 --> 01:30:53,100
through their own parking lot

2030
01:30:53,100 --> 01:30:55,401
to create the 1,500-foot

2031
01:30:56,100 --> 01:30:58,100
distance requirement. Every

2032
01:30:58,100 --> 01:30:59,100
church, every school

2033
01:30:59,100 --> 01:31:01,100
in this community will be

2034
01:31:01,100 --> 01:31:03,100
at risk to being next door

2035
01:31:03,100 --> 01:31:06,601
to a liquor store. My 5 minutes

2036
01:31:08,100 --> 01:31:11,601
are up. Thank you. Thumbs up,

2037
01:31:19,100 --> 01:31:21,401
thumbs down, please. Madam

2038
01:31:24,100 --> 01:31:26,100
Comptroller, if you will please

2039
01:31:26,100 --> 01:31:29,100
put 5 minutes on the screen.

2040
01:31:32,100 --> 01:31:34,401
Yes. Good evening, Council.

2041
01:31:36,100 --> 01:31:37,100
Mark Jobe of Glankler Brown one

2042
01:31:37,100 --> 01:31:39,100
of the attorneys working for

2043
01:31:39,100 --> 01:31:42,100
Mr. Edwards. The opponents just

2044
01:31:44,100 --> 01:31:45,100
gave you a bunch

2045
01:31:45,100 --> 01:31:47,100
of definitions and references

2046
01:31:47,100 --> 01:31:49,100
to an ordinance that does not

2047
01:31:49,100 --> 01:31:51,100
control. This is not governed

2048
01:31:51,100 --> 01:31:53,100
by the UDC. The UDC is not the

2049
01:31:53,100 --> 01:31:54,100
controlling ordinance. As we

2050
01:31:54,100 --> 01:31:56,100
established in court, Section

2051
01:31:56,100 --> 01:31:58,100
4-5 of the 1985 Memphis City

2052
01:31:58,100 --> 01:32:00,100
Code is the controlling

2053
01:32:00,100 --> 01:32:02,100
ordinance. A private street is

2054
01:32:02,100 --> 01:32:04,100
defined in that ordinance. It

2055
01:32:04,100 --> 01:32:05,100
is defined as highlighted

2056
01:32:05,100 --> 01:32:07,100
above. It's a private

2057
01:32:07,100 --> 01:32:09,100
passageway for vehicles in a

2058
01:32:09,100 --> 01:32:10,100
multi-establishment commercial

2059
01:32:10,100 --> 01:32:12,100
area of at least 2 acres

2060
01:32:12,100 --> 01:32:14,100
in size. That is precisely what

2061
01:32:14,100 --> 01:32:17,100
we have here. White Station

2062
01:32:17,100 --> 01:32:19,401
Plaza is 4.953 acres. It's

2063
01:32:20,100 --> 01:32:21,000
zoned commercial mixed-use. It

2064
01:32:21,000 --> 01:32:23,100
hosts 3 tenants. Gold's Gym,

2065
01:32:23,100 --> 01:32:25,100
Mosa, and The Station. The

2066
01:32:25,100 --> 01:32:27,100
passageway serves all

2067
01:32:27,100 --> 01:32:28,100
of the tenants. It is not Mr.

2068
01:32:28,100 --> 01:32:30,100
Edwards' drive. It is not Mr.

2069
01:32:30,100 --> 01:32:32,100
Edwards' property. And the

2070
01:32:32,100 --> 01:32:34,100
point of commencement was

2071
01:32:34,100 --> 01:32:35,100
properly done

2072
01:32:35,100 --> 01:32:37,100
on the survey performed

2073
01:32:37,100 --> 01:32:39,100
by the Reeves firm. It's really

2074
01:32:39,100 --> 01:32:41,100
as simple as that. When you,

2075
01:32:41,100 --> 01:32:43,100
you take the point

2076
01:32:43,100 --> 01:32:44,100
of commencement in front

2077
01:32:44,100 --> 01:32:46,100
of the store

2078
01:32:46,100 --> 01:32:48,100
along the private passageway in

2079
01:32:48,100 --> 01:32:49,100
this multi-tenant commercial

2080
01:32:49,100 --> 01:32:52,100
center and then proceed not

2081
01:32:53,100 --> 01:32:54,100
in a straight line

2082
01:32:54,100 --> 01:32:55,100
along the centerline

2083
01:32:55,100 --> 01:32:57,100
from that point

2084
01:32:57,100 --> 01:32:58,100
of commencement out

2085
01:32:58,100 --> 01:32:59,100
to the public street,

2086
01:32:59,100 --> 01:33:00,100
not the private street,

2087
01:33:00,100 --> 01:33:01,100
and then

2088
01:33:01,100 --> 01:33:03,100
along the remaining centerlines

2089
01:33:03,100 --> 01:33:04,100
of streets and intersecting

2090
01:33:04,100 --> 01:33:05,100
streets. That was established

2091
01:33:05,100 --> 01:33:07,100
in court. We have followed the

2092
01:33:07,100 --> 01:33:09,100
ordinance to a T, word

2093
01:33:09,100 --> 01:33:10,100
by word, and outlined it

2094
01:33:10,100 --> 01:33:13,100
in our presentation. Not only

2095
01:33:13,100 --> 01:33:16,100
that, Buster's used this same

2096
01:33:18,100 --> 01:33:20,100
methodology,

2097
01:33:21,100 --> 01:33:23,100
the same private drive

2098
01:33:23,100 --> 01:33:24,100
methodology,

2099
01:33:24,100 --> 01:33:25,100
to open its second store in

2100
01:33:25,100 --> 01:33:27,401
Ridgeway Trace. The survey

2101
01:33:28,100 --> 01:33:30,100
included as part of that

2102
01:33:30,100 --> 01:33:32,100
application is attached. It

2103
01:33:32,100 --> 01:33:34,100
starts in the private drive,

2104
01:33:34,100 --> 01:33:35,100
the private passageway

2105
01:33:35,100 --> 01:33:37,100
for commercial, or for

2106
01:33:37,100 --> 01:33:40,100
Vehicular travel, travel in a

2107
01:33:40,100 --> 01:33:41,100
multi-establishment commercial

2108
01:33:41,100 --> 01:33:43,100
area out to Poplar and up and

2109
01:33:43,100 --> 01:33:45,100
down the street. This is not

2110
01:33:45,100 --> 01:33:47,100
novel. It is the methodology

2111
01:33:47,100 --> 01:33:50,601
they used. More so, Mr. Spence

2112
01:33:54,100 --> 01:33:55,100
warns

2113
01:33:55,100 --> 01:33:56,100
of liquor stores proliferating.

2114
01:33:56,100 --> 01:33:57,100
There's a cap on the number

2115
01:33:57,100 --> 01:34:00,100
of liquor stores, and frankly,

2116
01:34:00,100 --> 01:34:01,100
the citizens of Memphis should

2117
01:34:01,100 --> 01:34:02,100
be allowed

2118
01:34:02,100 --> 01:34:04,100
to follow the plain language

2119
01:34:04,100 --> 01:34:05,100
of the ordinance. Now, we went

2120
01:34:05,100 --> 01:34:06,100
through a long rigmarole

2121
01:34:06,100 --> 01:34:07,100
about that last year

2122
01:34:07,100 --> 01:34:09,100
with another application, but

2123
01:34:09,100 --> 01:34:10,100
this application follows the

2124
01:34:10,100 --> 01:34:12,100
ordinance exactly as it's

2125
01:34:12,100 --> 01:34:14,401
written. Not only that,

2126
01:34:15,100 --> 01:34:16,100
as part of the Buster's

2127
01:34:16,100 --> 01:34:18,100
submission in 2023

2128
01:34:18,100 --> 01:34:20,100
to open its second store,

2129
01:34:20,100 --> 01:34:21,100
they got an opinion letter

2130
01:34:21,100 --> 01:34:23,100
from Josh Whitehead, former

2131
01:34:23,100 --> 01:34:24,100
planning director,

2132
01:34:24,100 --> 01:34:27,100
who analyzes this same section.

2133
01:34:27,100 --> 01:34:28,100
In his opinion, he states,

2134
01:34:28,100 --> 01:34:30,100
and this was accepted

2135
01:34:30,100 --> 01:34:32,100
by the MAC and the mayor, The

2136
01:34:32,100 --> 01:34:33,100
1,500 feet of churches,

2137
01:34:33,100 --> 01:34:34,100
schools, parks, playgrounds, or

2138
01:34:34,100 --> 01:34:36,100
liquor libraries and other

2139
01:34:36,100 --> 01:34:37,100
liquor stores as measured along

2140
01:34:37,100 --> 01:34:39,100
the street or private parking

2141
01:34:39,100 --> 01:34:40,100
lot aisle

2142
01:34:40,100 --> 01:34:42,100
for shopping centers, 2-acre

2143
01:34:42,100 --> 01:34:43,100
areas, but it should be acres

2144
01:34:43,100 --> 01:34:45,100
from the midpoint

2145
01:34:45,100 --> 01:34:46,100
of the front facade of the

2146
01:34:46,100 --> 01:34:48,100
proposed liquor store that

2147
01:34:48,100 --> 01:34:49,100
faces the street

2148
01:34:49,100 --> 01:34:50,100
of the property line

2149
01:34:50,100 --> 01:34:51,100
of a church, school, park,

2150
01:34:51,100 --> 01:34:53,401
library, or playground. It's

2151
01:34:54,100 --> 01:34:56,100
the same methodology. It's not

2152
01:34:56,100 --> 01:34:58,100
new. And we are here defending

2153
01:34:58,100 --> 01:35:01,100
it. We went through, we got

2154
01:35:01,100 --> 01:35:02,100
through the court case, we

2155
01:35:02,100 --> 01:35:04,100
followed the ordinance exactly

2156
01:35:04,100 --> 01:35:06,100
as it's written, and here we

2157
01:35:06,100 --> 01:35:08,100
are again being challenged.

2158
01:35:08,100 --> 01:35:09,100
But again, we have evidence.

2159
01:35:09,100 --> 01:35:11,100
We've shown the MAC over 2 days

2160
01:35:11,100 --> 01:35:13,100
of hearings exactly how we

2161
01:35:13,100 --> 01:35:14,100
follow the ordinance,

2162
01:35:14,100 --> 01:35:16,100
and we've exhibited it

2163
01:35:16,100 --> 01:35:17,100
to you here today. Not only

2164
01:35:17,100 --> 01:35:18,100
that,

2165
01:35:18,100 --> 01:35:19,100
we've shown you how it was used

2166
01:35:19,100 --> 01:35:21,100
by the, quote, opposition in

2167
01:35:21,100 --> 01:35:23,100
their application just a few

2168
01:35:23,100 --> 01:35:26,100
years ago. Thank you. Thumbs

2169
01:35:32,100 --> 01:35:34,100
up, thumbs down. You have a

2170
01:35:34,100 --> 01:35:35,100
minute left. Did you want

2171
01:35:35,100 --> 01:35:37,100
to add anything? You don't want

2172
01:35:37,100 --> 01:35:39,100
to add anything, Judge Donald?

2173
01:35:39,100 --> 01:35:41,100
I, I think they're done,

2174
01:35:41,100 --> 01:35:44,100
Madam Chair. Okay. All right,

2175
01:35:44,100 --> 01:35:46,100
Councilwoman Green, you're

2176
01:35:46,100 --> 01:35:47,100
recognized. You're

2177
01:35:47,100 --> 01:35:49,100
in the queue. Thank you,

2178
01:35:49,100 --> 01:35:52,100
Chair. Attorney Wade so we've

2179
01:35:52,100 --> 01:35:55,100
gotten a citation of the Muni

2180
01:35:55,100 --> 01:35:56,100
Code and we've gotten a

2181
01:35:56,100 --> 01:35:58,100
citation of the definition

2182
01:35:58,100 --> 01:36:01,100
in the UDC. Can you speak

2183
01:36:01,100 --> 01:36:03,100
to the council about which is

2184
01:36:03,100 --> 01:36:06,100
the controlling law that we

2185
01:36:06,100 --> 01:36:09,100
should be looking at as we make

2186
01:36:09,100 --> 01:36:11,401
this factual determination? I

2187
01:36:14,100 --> 01:36:16,100
really don't know the answer

2188
01:36:16,100 --> 01:36:17,100
to that question.

2189
01:36:17,100 --> 01:36:18,100
To be honest,

2190
01:36:18,100 --> 01:36:21,100
I think it's that's a question,

2191
01:36:21,100 --> 01:36:23,100
ordinances, that is a question

2192
01:36:23,100 --> 01:36:25,100
of, of interpretation,

2193
01:36:25,100 --> 01:36:26,100
and I think that's something

2194
01:36:26,100 --> 01:36:28,100
for the court to determine.

2195
01:36:28,100 --> 01:36:29,100
The issue before you is solely

2196
01:36:29,100 --> 01:36:32,100
on 4-5 of the, the code

2197
01:36:32,100 --> 01:36:34,100
of ordinances,

2198
01:36:35,100 --> 01:36:36,100
of the ordinance. So that's my

2199
01:36:36,100 --> 01:36:38,401
question, is our ordinances

2200
01:36:39,100 --> 01:36:41,100
speak specifically

2201
01:36:41,100 --> 01:36:42,100
to the laws we want

2202
01:36:42,100 --> 01:36:44,401
to enforce. The UDC,

2203
01:36:45,100 --> 01:36:47,100
we've adopted it,

2204
01:36:47,100 --> 01:36:49,100
but it is more broad

2205
01:36:49,100 --> 01:36:51,100
in scope, right? No, I think it

2206
01:36:51,100 --> 01:36:53,100
controls your decisions as

2207
01:36:53,100 --> 01:36:57,100
well. I think you may use the

2208
01:36:57,100 --> 01:37:01,100
UDC as, I mean, sometimes as a

2209
01:37:01,100 --> 01:37:03,100
persuasive authority

2210
01:37:03,100 --> 01:37:05,100
for how you would interpret it,

2211
01:37:05,100 --> 01:37:06,100
but it's still your judgment as

2212
01:37:06,100 --> 01:37:08,100
to how you interpret 4-5. And I

2213
01:37:08,100 --> 01:37:11,100
will commend the parties that

2214
01:37:11,100 --> 01:37:13,100
they basically did what I

2215
01:37:13,100 --> 01:37:15,100
wanted them to do,

2216
01:37:15,100 --> 01:37:16,100
was crystallize the 2 positions

2217
01:37:16,100 --> 01:37:18,401
before you, whether 4-5

2218
01:37:19,100 --> 01:37:22,100
controls, or whether what the

2219
01:37:24,100 --> 01:37:26,401
applicant did in terms

2220
01:37:28,100 --> 01:37:30,401
of I don't want

2221
01:37:31,100 --> 01:37:32,100
to say anything derogatory, but

2222
01:37:32,100 --> 01:37:34,100
create a position that they

2223
01:37:34,100 --> 01:37:36,100
view as a private drive,

2224
01:37:36,100 --> 01:37:38,100
and the question is, Is it a

2225
01:37:38,100 --> 01:37:39,100
private drive or isn't it?

2226
01:37:39,100 --> 01:37:40,100
Right. And so that's why I'm

2227
01:37:40,100 --> 01:37:42,100
asking you

2228
01:37:42,100 --> 01:37:43,100
about the definition

2229
01:37:43,100 --> 01:37:44,100
of a private drive, because it

2230
01:37:44,100 --> 01:37:45,100
appears they are different

2231
01:37:45,100 --> 01:37:46,100
in the UDC and

2232
01:37:46,100 --> 01:37:48,100
in the ordinance. And so I

2233
01:37:48,100 --> 01:37:49,100
would like to know, when we're

2234
01:37:49,100 --> 01:37:51,401
making this determination of

2235
01:37:52,100 --> 01:37:55,100
fact as a quasi-judicial body,

2236
01:37:55,100 --> 01:37:57,100
we are only to be looking at

2237
01:37:57,100 --> 01:37:59,100
the ordinance because that is

2238
01:37:59,100 --> 01:38:00,100
what we are deciding

2239
01:38:00,100 --> 01:38:02,100
on today. Correct? That is

2240
01:38:02,100 --> 01:38:05,100
correct. Okay. And look, I

2241
01:38:05,100 --> 01:38:07,100
think we all are frustrated and

2242
01:38:07,100 --> 01:38:08,100
would love

2243
01:38:08,100 --> 01:38:09,100
for the alcohol commissioner to

2244
01:38:09,100 --> 01:38:11,100
be here so that we could have

2245
01:38:11,100 --> 01:38:12,100
some words with them,

2246
01:38:12,100 --> 01:38:13,100
because none

2247
01:38:13,100 --> 01:38:14,100
of us would be here having

2248
01:38:14,100 --> 01:38:16,100
to do this. But I just wanted

2249
01:38:16,100 --> 01:38:17,100
to make sure that as we're

2250
01:38:17,100 --> 01:38:19,100
looking at this, we're looking

2251
01:38:19,100 --> 01:38:20,100
at the right definition so that

2252
01:38:20,100 --> 01:38:22,100
we can make the determination

2253
01:38:22,100 --> 01:38:23,100
of fact based

2254
01:38:23,100 --> 01:38:24,100
on that definition. Yeah, I

2255
01:38:24,100 --> 01:38:25,100
think you are. But I think

2256
01:38:25,100 --> 01:38:28,100
you've raised an issue that I

2257
01:38:28,100 --> 01:38:30,100
have. I've been involved and

2258
01:38:30,100 --> 01:38:31,100
I've looked

2259
01:38:31,100 --> 01:38:34,100
at this thing hours and hours.

2260
01:38:34,100 --> 01:38:36,100
And my, I mean, it's basically

2261
01:38:36,100 --> 01:38:38,100
a land use restriction. And,

2262
01:38:38,100 --> 01:38:40,100
and I would suggest that we

2263
01:38:40,100 --> 01:38:42,100
look, look hard

2264
01:38:42,100 --> 01:38:44,100
at making it have to have a

2265
01:38:44,100 --> 01:38:45,100
special use permit and go

2266
01:38:45,100 --> 01:38:47,100
through the UTC where we have a

2267
01:38:47,100 --> 01:38:49,401
record. We don't have,

2268
01:38:50,100 --> 01:38:51,100
we have people with expertise

2269
01:38:51,100 --> 01:38:53,100
in making those kind

2270
01:38:53,100 --> 01:38:54,100
of recommendations to us rather

2271
01:38:54,100 --> 01:38:55,100
than an alcohol commissioner.

2272
01:38:55,100 --> 01:38:56,100
We're going to fix this

2273
01:38:56,100 --> 01:38:58,100
on the back end. Yeah, yeah,

2274
01:38:58,100 --> 01:39:00,100
I know. I understand. You're

2275
01:39:00,100 --> 01:39:01,100
preaching my language now.

2276
01:39:01,100 --> 01:39:03,100
Yeah, but right now it creates

2277
01:39:03,100 --> 01:39:05,100
a clear ambiguity. And I think

2278
01:39:05,100 --> 01:39:06,100
that's something a court would

2279
01:39:06,100 --> 01:39:08,100
have to do they would have

2280
01:39:08,100 --> 01:39:10,100
to reconcile the two to see if

2281
01:39:10,100 --> 01:39:11,100
they can stand together or

2282
01:39:11,100 --> 01:39:13,100
they're inconsistent. And I,

2283
01:39:13,100 --> 01:39:15,100
and I don't think that's,

2284
01:39:15,100 --> 01:39:16,100
that's something that you have

2285
01:39:16,100 --> 01:39:17,100
the authority to do. And our

2286
01:39:17,100 --> 01:39:18,100
job today is not to try

2287
01:39:18,100 --> 01:39:19,100
to figure out which is the more

2288
01:39:19,100 --> 01:39:20,100
controlling. Our job today is

2289
01:39:20,100 --> 01:39:22,100
to specifically look

2290
01:39:22,100 --> 01:39:24,100
at the ordinance, the language

2291
01:39:24,100 --> 01:39:25,100
in the ordinance,

2292
01:39:25,100 --> 01:39:26,100
and interpret it based

2293
01:39:26,100 --> 01:39:27,100
on that. Yes. Thank you. Thank

2294
01:39:27,100 --> 01:39:29,100
you, Councilwoman Green.

2295
01:39:29,100 --> 01:39:31,100
Councilman Smiley, and then

2296
01:39:31,100 --> 01:39:32,100
Dr. Warren, you're recognized.

2297
01:39:32,100 --> 01:39:35,100
All right, my question is

2298
01:39:35,100 --> 01:39:37,100
for council for Busters. I

2299
01:39:37,100 --> 01:39:39,401
think council for Edwards

2300
01:39:40,100 --> 01:39:42,100
brought up what I think is a

2301
01:39:42,100 --> 01:39:45,100
pretty good point. I want you

2302
01:39:45,100 --> 01:39:47,100
to talk specifically about how

2303
01:39:47,100 --> 01:39:50,601
do you rectify if it's true

2304
01:39:51,100 --> 01:39:52,100
Buster's doing something

2305
01:39:52,100 --> 01:39:55,100
similar in its second store.

2306
01:40:01,100 --> 01:40:03,100
Councilman Smiley, that

2307
01:40:04,100 --> 01:40:07,100
argument is a red herring.

2308
01:40:11,100 --> 01:40:13,100
Buster's application is

2309
01:40:14,100 --> 01:40:16,100
submitted to the Alcohol

2310
01:40:16,100 --> 01:40:18,100
Commission

2311
01:40:18,100 --> 01:40:19,100
to open up its second store,

2312
01:40:19,100 --> 01:40:22,100
is not before the council. So

2313
01:40:22,100 --> 01:40:25,100
to just lob some argument

2314
01:40:26,100 --> 01:40:28,100
without challenging the

2315
01:40:28,100 --> 01:40:30,100
distance requirement for

2316
01:40:31,100 --> 01:40:33,100
Buster's is erroneous

2317
01:40:35,100 --> 01:40:38,100
in a formal proceeding. So

2318
01:40:38,100 --> 01:40:39,100
at the outset,

2319
01:40:39,100 --> 01:40:41,100
it's a red herring argument.

2320
01:40:41,100 --> 01:40:44,100
But, but beyond that, the 2

2321
01:40:45,100 --> 01:40:47,100
locations are entirely

2322
01:40:47,100 --> 01:40:49,100
different. They're entirely

2323
01:40:49,100 --> 01:40:52,100
different. And so to try

2324
01:40:52,100 --> 01:40:54,401
to compare Buster East's

2325
01:40:55,100 --> 01:40:57,401
location with This location

2326
01:40:59,100 --> 01:41:02,100
that fronts on White Station

2327
01:41:02,100 --> 01:41:04,401
within 30 or 40 yards to

2328
01:41:08,100 --> 01:41:10,100
Buster's East that's back

2329
01:41:10,100 --> 01:41:11,100
in a shopping plaza,

2330
01:41:11,100 --> 01:41:13,401
they're just totally different.

2331
01:41:14,100 --> 01:41:16,100
And so it's difficult for me

2332
01:41:16,100 --> 01:41:17,100
to explain to you all the

2333
01:41:17,100 --> 01:41:19,100
differences that would be

2334
01:41:19,100 --> 01:41:21,401
applicable to the Buster's

2335
01:41:22,100 --> 01:41:24,100
East location, versus this

2336
01:41:24,100 --> 01:41:27,100
location when it has not been

2337
01:41:27,100 --> 01:41:29,100
formally challenged, it wasn't

2338
01:41:29,100 --> 01:41:31,401
before the council, and,

2339
01:41:32,100 --> 01:41:35,100
and if you measure around

2340
01:41:37,100 --> 01:41:39,100
Buster's East 1,500 feet,

2341
01:41:42,100 --> 01:41:44,401
there are no churches,

2342
01:41:46,100 --> 01:41:47,100
there are no schools,

2343
01:41:47,100 --> 01:41:50,601
there are no parks. So It's

2344
01:41:51,100 --> 01:41:54,601
just a difficult thing to do

2345
01:41:55,100 --> 01:41:56,100
without there being a formal

2346
01:41:56,100 --> 01:41:58,100
challenge for me

2347
01:41:58,100 --> 01:42:00,100
to respond to. Just a comment

2348
01:42:00,100 --> 01:42:03,100
off the cuff. I got a question

2349
01:42:03,100 --> 01:42:06,100
for, I got a question

2350
01:42:06,100 --> 01:42:09,100
for council for Edwards. What

2351
01:42:10,100 --> 01:42:12,100
I'm trying to,

2352
01:42:12,100 --> 01:42:14,100
was there an existing driveway

2353
01:42:14,100 --> 01:42:17,100
before, and was that driveway

2354
01:42:17,100 --> 01:42:19,100
being demolished so that the

2355
01:42:19,100 --> 01:42:21,401
the existing driveway is

2356
01:42:23,100 --> 01:42:25,100
in compliance? And if it was,

2357
01:42:25,100 --> 01:42:28,601
does it even matter? Okay, so

2358
01:42:29,100 --> 01:42:33,201
the way that I understand it is

2359
01:42:34,100 --> 01:42:36,100
opposing council's argument

2360
01:42:36,100 --> 01:42:38,100
that is that it's supposed

2361
01:42:38,100 --> 01:42:40,100
to go from the front door

2362
01:42:40,100 --> 01:42:41,100
of the store directly

2363
01:42:41,100 --> 01:42:44,100
to the street. And was it at

2364
01:42:44,100 --> 01:42:47,100
any point a different driveway,

2365
01:42:47,100 --> 01:42:48,100
or is it just a matter of the

2366
01:42:48,100 --> 01:42:50,100
surveyor drawing the line a

2367
01:42:50,100 --> 01:42:52,401
different way because I

2368
01:42:53,100 --> 01:42:56,100
believe, go ahead. After going

2369
01:42:59,100 --> 01:43:01,100
through the litigation,

2370
01:43:03,100 --> 01:43:04,100
modifications were made

2371
01:43:04,100 --> 01:43:07,100
to the site. Okay. If you think

2372
01:43:07,100 --> 01:43:08,100
back years ago when the crime

2373
01:43:08,100 --> 01:43:10,100
was rampant, everything was

2374
01:43:10,100 --> 01:43:11,100
going, and Bell's council can

2375
01:43:11,100 --> 01:43:13,100
speak to this, the northernmost

2376
01:43:13,100 --> 01:43:16,100
and southernmost curb cuts were

2377
01:43:16,100 --> 01:43:18,401
closed with Jersey barriers.

2378
01:43:20,100 --> 01:43:21,100
After the litigation and

2379
01:43:21,100 --> 01:43:23,100
in the fall before this

2380
01:43:23,100 --> 01:43:25,100
application was submitted, the

2381
01:43:25,100 --> 01:43:28,100
landlord modified his site and

2382
01:43:30,100 --> 01:43:32,100
with city approval,

2383
01:43:32,100 --> 01:43:33,100
proper city approval, all city

2384
01:43:33,100 --> 01:43:35,100
approvals, Memphis Fire

2385
01:43:36,100 --> 01:43:37,100
Department involvement,

2386
01:43:37,100 --> 01:43:40,100
they executed that plan. And

2387
01:43:41,100 --> 01:43:44,100
but here the nuance that Mr.

2388
01:43:44,100 --> 01:43:46,100
Spence speaks

2389
01:43:46,100 --> 01:43:48,100
of isn't anywhere

2390
01:43:48,100 --> 01:43:49,100
but the ordinance. The

2391
01:43:49,100 --> 01:43:50,100
differences are not defined

2392
01:43:50,100 --> 01:43:51,100
anywhere else

2393
01:43:51,100 --> 01:43:52,100
but the ordinance. These places

2394
01:43:52,100 --> 01:43:54,100
are not different. Ridgeway

2395
01:43:54,100 --> 01:43:55,100
Trace is not different than

2396
01:43:55,100 --> 01:43:57,100
White Station Plaza as it

2397
01:43:57,100 --> 01:44:00,100
relates to this ordinance. The

2398
01:44:00,100 --> 01:44:02,401
requirements are simple. You

2399
01:44:03,100 --> 01:44:04,100
measure

2400
01:44:04,100 --> 01:44:05,100
from a private passageway

2401
01:44:05,100 --> 01:44:06,100
for vehicles in a

2402
01:44:06,100 --> 01:44:07,100
multi-establishment commercial

2403
01:44:07,100 --> 01:44:09,100
area of more than 2 acres per

2404
01:44:09,100 --> 01:44:11,100
side. That is the same

2405
01:44:11,100 --> 01:44:12,100
qualification to Ridgeway

2406
01:44:12,100 --> 01:44:14,100
Trace. So you start there.

2407
01:44:14,100 --> 01:44:15,100
But yes,

2408
01:44:15,100 --> 01:44:18,100
modifications were made. And I

2409
01:44:18,100 --> 01:44:19,100
alluded to this. This is

2410
01:44:19,100 --> 01:44:21,100
in the record. If, if you are

2411
01:44:21,100 --> 01:44:23,100
building a building or doing

2412
01:44:23,100 --> 01:44:24,100
anything and you get a citation

2413
01:44:24,100 --> 01:44:26,100
from the city,

2414
01:44:26,100 --> 01:44:27,100
you have the right to comply.

2415
01:44:27,100 --> 01:44:28,100
You have a right to comply

2416
01:44:28,100 --> 01:44:30,100
with the ordinance. If you

2417
01:44:30,100 --> 01:44:31,100
pass,

2418
01:44:31,100 --> 01:44:32,100
if you fail your electrical

2419
01:44:32,100 --> 01:44:33,100
inspection, you don't tear the

2420
01:44:33,100 --> 01:44:35,100
building down. You comply

2421
01:44:35,100 --> 01:44:36,100
with the ordinance. You get it

2422
01:44:36,100 --> 01:44:37,100
right. And that's what we've

2423
01:44:37,100 --> 01:44:38,100
done. The ordinance says what

2424
01:44:38,100 --> 01:44:39,100
it says. So what did you do?

2425
01:44:39,100 --> 01:44:41,100
What did you do to comply

2426
01:44:41,100 --> 01:44:44,100
with the ordinance? It? Well,

2427
01:44:45,100 --> 01:44:46,100
there was multiple reasons,

2428
01:44:46,100 --> 01:44:47,100
and again, Bells can speak

2429
01:44:47,100 --> 01:44:49,100
to this if you'd like

2430
01:44:49,100 --> 01:44:52,100
to hear that, or his council.

2431
01:44:52,100 --> 01:44:54,100
The southernmost, well,

2432
01:44:54,100 --> 01:44:55,100
this wasn't really,

2433
01:44:55,100 --> 01:44:56,100
this was done

2434
01:44:56,100 --> 01:44:57,100
for fire compliance, is the

2435
01:44:57,100 --> 01:44:59,401
second entrance was permanently

2436
01:45:01,100 --> 01:45:02,100
shut except

2437
01:45:02,100 --> 01:45:05,100
for fire department use only.

2438
01:45:06,100 --> 01:45:07,100
And the northern curb cut was

2439
01:45:07,100 --> 01:45:10,601
closed And the center curb cut

2440
01:45:11,100 --> 01:45:14,100
was moved to align with the,

2441
01:45:14,100 --> 01:45:16,100
with the across-the-street

2442
01:45:17,100 --> 01:45:19,100
development and to better,

2443
01:45:19,100 --> 01:45:21,401
to better traffic flow,

2444
01:45:22,100 --> 01:45:24,100
if you will. I think my last

2445
01:45:24,100 --> 01:45:26,100
question, and I'm going to let

2446
01:45:26,100 --> 01:45:27,100
some other people ask a

2447
01:45:27,100 --> 01:45:29,401
question. In your opinion,

2448
01:45:32,100 --> 01:45:33,100
does the, what I believe

2449
01:45:33,100 --> 01:45:35,100
to be a modification after the

2450
01:45:35,100 --> 01:45:36,100
fact even matter if it's

2451
01:45:36,100 --> 01:45:39,100
in compliance now? No. Okay,

2452
01:45:40,100 --> 01:45:43,100
that's it for me. Thank you.

2453
01:45:43,100 --> 01:45:45,401
Councilman Warren. Thank you,

2454
01:45:46,100 --> 01:45:49,100
Madam Chair. And I think, we're

2455
01:45:49,100 --> 01:45:51,100
showing our legal expertise

2456
01:45:51,100 --> 01:45:53,100
here today

2457
01:45:53,100 --> 01:45:54,100
on the board. I'm just going

2458
01:45:54,100 --> 01:45:55,100
to come through as a simple

2459
01:45:55,100 --> 01:45:57,401
country family doctor here,

2460
01:45:58,100 --> 01:46:01,100
saying that looking at this,

2461
01:46:01,100 --> 01:46:03,100
it seems to me that we

2462
01:46:03,100 --> 01:46:05,100
shouldn't be here talking

2463
01:46:05,100 --> 01:46:07,100
about this. We need

2464
01:46:07,100 --> 01:46:09,100
to go ahead and think

2465
01:46:09,100 --> 01:46:11,100
about what smells right,

2466
01:46:11,100 --> 01:46:13,100
and we need to vote that way.

2467
01:46:13,100 --> 01:46:14,100
So thank you very much. Thank

2468
01:46:14,100 --> 01:46:16,100
you, Councilman. Councilwoman

2469
01:46:16,100 --> 01:46:19,601
White. I see that our council

2470
01:46:21,100 --> 01:46:24,100
is amused today. Well, first I

2471
01:46:24,100 --> 01:46:25,100
just want

2472
01:46:25,100 --> 01:46:27,100
to say thank both sides

2473
01:46:27,100 --> 01:46:28,100
for their presentations. And

2474
01:46:28,100 --> 01:46:30,100
you all ultimately really did

2475
01:46:30,100 --> 01:46:31,100
get me to, to really

2476
01:46:31,100 --> 01:46:33,100
understanding what was going

2477
01:46:33,100 --> 01:46:35,100
on. So, we appreciate the

2478
01:46:35,100 --> 01:46:36,100
background and the history and

2479
01:46:36,100 --> 01:46:37,100
those things, and thank you,

2480
01:46:37,100 --> 01:46:38,100
Attorney Wade,

2481
01:46:38,100 --> 01:46:39,100
for giving us guidance

2482
01:46:39,100 --> 01:46:41,100
on what our responsibility is

2483
01:46:41,100 --> 01:46:43,100
in kind

2484
01:46:43,100 --> 01:46:44,100
of narrowing the issue. So

2485
01:46:44,100 --> 01:46:45,100
after listening carefully

2486
01:46:45,100 --> 01:46:46,100
to both presentations,

2487
01:46:46,100 --> 01:46:47,100
I just want

2488
01:46:47,100 --> 01:46:48,100
to make sure that I got this.

2489
01:46:48,100 --> 01:46:49,100
So the appellant is arguing

2490
01:46:49,100 --> 01:46:50,100
that the measurement should be

2491
01:46:50,100 --> 01:46:52,100
from the door storefront, and

2492
01:46:52,100 --> 01:46:54,100
then the appellee is arguing

2493
01:46:54,100 --> 01:46:56,100
that the ordinance's own

2494
01:46:56,100 --> 01:46:58,100
definition gives,

2495
01:46:58,100 --> 01:46:59,100
gives the definition

2496
01:46:59,100 --> 01:47:01,100
of private street And that in

2497
01:47:01,100 --> 01:47:02,100
this instance that it applies

2498
01:47:02,100 --> 01:47:04,100
here because it's a

2499
01:47:04,100 --> 01:47:06,100
multi-establishment commercial

2500
01:47:06,100 --> 01:47:07,100
area with a private passageway

2501
01:47:07,100 --> 01:47:09,100
for vehicles, and that's where

2502
01:47:09,100 --> 01:47:11,100
the measurement should start.

2503
01:47:11,100 --> 01:47:13,100
And that the last survey,

2504
01:47:13,100 --> 01:47:14,100
which is the Reeves survey,

2505
01:47:14,100 --> 01:47:16,100
says that it's 1,539 square

2506
01:47:16,100 --> 01:47:18,100
feet. Is that right? The only

2507
01:47:18,100 --> 01:47:19,100
thing I would like

2508
01:47:19,100 --> 01:47:20,100
to correct, it's 1,559.37. I

2509
01:47:20,100 --> 01:47:23,601
would like to correct that the

2510
01:47:25,100 --> 01:47:27,100
appellant is the opposition

2511
01:47:27,100 --> 01:47:29,100
to the station. They appealed

2512
01:47:29,100 --> 01:47:30,100
the MAC's decision

2513
01:47:30,100 --> 01:47:33,100
of approval, right? The, okay,

2514
01:47:33,100 --> 01:47:36,100
right. Okay. All right. Very

2515
01:47:36,100 --> 01:47:39,100
good. Okay. All right. And so

2516
01:47:39,100 --> 01:47:40,100
the, the, what I want

2517
01:47:40,100 --> 01:47:43,100
to make clear though is, well,

2518
01:47:43,100 --> 01:47:44,100
I, I get it. The language in

2519
01:47:44,100 --> 01:47:46,401
the ordinance states private

2520
01:47:47,100 --> 01:47:50,601
drive. Okay, I got it. Sure.

2521
01:47:53,100 --> 01:47:54,100
Can I, can I, thank you,

2522
01:47:54,100 --> 01:47:55,100
Councilwoman White.

2523
01:47:55,100 --> 01:47:57,401
Councilman Spinosa. Thank you,

2524
01:47:59,100 --> 01:48:00,100
Madam Chair. So I'm going

2525
01:48:00,100 --> 01:48:03,100
to ask Attorney Wade. So after

2526
01:48:03,100 --> 01:48:05,100
reading all this last night,

2527
01:48:05,100 --> 01:48:07,100
I have been surprised today.

2528
01:48:07,100 --> 01:48:08,100
So safe

2529
01:48:08,100 --> 01:48:11,100
to say that the first attempt

2530
01:48:11,100 --> 01:48:13,100
to get a license was denied for

2531
01:48:13,100 --> 01:48:15,100
the reasons it was denied and

2532
01:48:15,100 --> 01:48:17,100
explained today, not

2533
01:48:17,100 --> 01:48:19,100
in compliance? With the foot,

2534
01:48:19,100 --> 01:48:22,100
the 1,500-foot rule, correct? I

2535
01:48:26,100 --> 01:48:28,100
think it was denied because the

2536
01:48:28,100 --> 01:48:30,100
approval was void for failure

2537
01:48:30,100 --> 01:48:32,100
to comply with the Open

2538
01:48:32,100 --> 01:48:34,100
Meetings Act, which meant that

2539
01:48:34,100 --> 01:48:36,100
they had to reapply because

2540
01:48:36,100 --> 01:48:39,100
that original one was not,

2541
01:48:39,100 --> 01:48:40,100
was not effective. Okay. And so

2542
01:48:40,100 --> 01:48:42,100
when they came

2543
01:48:42,100 --> 01:48:44,100
with the new one, they changed,

2544
01:48:44,100 --> 01:48:46,100
they modified the site As they

2545
01:48:46,100 --> 01:48:47,100
told you. And so my

2546
01:48:47,100 --> 01:48:48,100
understanding, again,

2547
01:48:48,100 --> 01:48:49,100
what we're voting

2548
01:48:49,100 --> 01:48:50,100
on today is, is it

2549
01:48:50,100 --> 01:48:53,100
in compliance today? Yes. And

2550
01:48:55,100 --> 01:48:57,100
just being honest here,

2551
01:48:57,100 --> 01:48:58,100
I thought one thing

2552
01:48:58,100 --> 01:48:59,100
before I got here today. So

2553
01:48:59,100 --> 01:49:01,100
what's at question is the

2554
01:49:01,100 --> 01:49:03,100
private drive, correct?

2555
01:49:03,100 --> 01:49:05,100
Correct. And what about this as

2556
01:49:05,100 --> 01:49:07,100
far as the private drive goes?

2557
01:49:07,100 --> 01:49:08,100
You go to the center line

2558
01:49:08,100 --> 01:49:09,100
of the street, typically you

2559
01:49:09,100 --> 01:49:11,100
would see a straight line

2560
01:49:11,100 --> 01:49:12,100
from that center line.

2561
01:49:12,100 --> 01:49:14,100
Correct? Yes. And now we've got

2562
01:49:14,100 --> 01:49:16,100
a swerve,

2563
01:49:16,100 --> 01:49:17,100
and that's how we're so close

2564
01:49:17,100 --> 01:49:19,100
to the 1,500-foot rule. He said

2565
01:49:19,100 --> 01:49:21,100
1,555. So what,

2566
01:49:21,100 --> 01:49:23,100
what we're voting on today is

2567
01:49:23,100 --> 01:49:24,100
the swerve line versus a

2568
01:49:24,100 --> 01:49:26,401
straight line? That's correct.

2569
01:49:27,100 --> 01:49:28,100
How many,

2570
01:49:28,100 --> 01:49:29,100
do we know how many swerve

2571
01:49:29,100 --> 01:49:31,401
lines we've, the alcohol,

2572
01:49:32,100 --> 01:49:33,100
I can't wait to talk

2573
01:49:33,100 --> 01:49:34,100
about the Alcohol Commission at

2574
01:49:34,100 --> 01:49:36,100
our next meeting and then not

2575
01:49:36,100 --> 01:49:37,100
talk about them.

2576
01:49:37,100 --> 01:49:39,100
But all right, so, so what's,

2577
01:49:39,100 --> 01:49:40,100
what's

2578
01:49:40,100 --> 01:49:42,100
before you tonight is a vote

2579
01:49:42,100 --> 01:49:45,601
to approve the appeal. If you

2580
01:49:46,100 --> 01:49:47,100
approve the appeal,

2581
01:49:47,100 --> 01:49:51,201
then you vote in favor of the

2582
01:49:52,100 --> 01:49:56,100
Romulus app. Yes, it's a yes to

2583
01:49:56,100 --> 01:49:59,100
vote. A no denies the appeal,

2584
01:49:59,100 --> 01:50:02,601
and that in favor of Grind

2585
01:50:04,100 --> 01:50:07,100
Management. A yes means you

2586
01:50:09,100 --> 01:50:10,100
approve the appeal and you've,

2587
01:50:10,100 --> 01:50:12,100
you're

2588
01:50:12,100 --> 01:50:14,401
against the crime management.

2589
01:50:16,100 --> 01:50:18,100
And no is do not overturn the

2590
01:50:18,100 --> 01:50:20,401
decision, right? Yeah. Okay.

2591
01:50:21,100 --> 01:50:23,100
And hey, for the record,

2592
01:50:23,100 --> 01:50:24,100
I want

2593
01:50:24,100 --> 01:50:25,100
to say I have relationships,

2594
01:50:25,100 --> 01:50:26,100
very close ones, on both sides

2595
01:50:26,100 --> 01:50:27,100
of this, so I'm not voting

2596
01:50:27,100 --> 01:50:28,100
against any individual today.

2597
01:50:28,100 --> 01:50:29,100
I'm trying

2598
01:50:29,100 --> 01:50:31,100
to interpret the law,

2599
01:50:31,100 --> 01:50:32,100
so I just want to say that

2600
01:50:32,100 --> 01:50:34,100
for the record. Dr. Warren, I

2601
01:50:34,100 --> 01:50:35,100
was ready to call

2602
01:50:35,100 --> 01:50:37,100
for the vote. Yes, ma'am. I

2603
01:50:37,100 --> 01:50:39,100
just have one question. I have

2604
01:50:39,100 --> 01:50:41,100
relationships with both and

2605
01:50:41,100 --> 01:50:42,100
like both. I feel the same way

2606
01:50:42,100 --> 01:50:44,100
you do, but I think we have

2607
01:50:44,100 --> 01:50:46,100
seen one other curved line

2608
01:50:46,100 --> 01:50:48,100
today. That's the only other, I

2609
01:50:48,100 --> 01:50:49,100
don't know how many alcohol has

2610
01:50:49,100 --> 01:50:51,100
to deal with, but we did see

2611
01:50:51,100 --> 01:50:54,100
one other besides this one.

2612
01:50:55,100 --> 01:50:56,100
Judge Donald, did you want

2613
01:50:56,100 --> 01:50:57,100
to say something? Yeah, just

2614
01:50:57,100 --> 01:51:00,100
one quick thing. On behalf of

2615
01:51:00,100 --> 01:51:01,100
Mr. Edwards, I want

2616
01:51:01,100 --> 01:51:02,100
to thank you

2617
01:51:02,100 --> 01:51:03,100
for this opportunity,

2618
01:51:03,100 --> 01:51:04,100
but I do want

2619
01:51:04,100 --> 01:51:05,100
to make this point. Under

2620
01:51:05,100 --> 01:51:06,100
Tennessee law,

2621
01:51:06,100 --> 01:51:07,100
because I've heard the word up

2622
01:51:07,100 --> 01:51:09,100
here, ambiguity, if there is a

2623
01:51:09,100 --> 01:51:11,100
perceived ambiguity

2624
01:51:12,100 --> 01:51:13,100
in the ordinance,

2625
01:51:13,100 --> 01:51:16,100
that ambiguity must be resolved

2626
01:51:16,100 --> 01:51:17,100
in favor of the applicant and

2627
01:51:17,100 --> 01:51:19,100
against the municipality.

2628
01:51:19,100 --> 01:51:21,100
That's the law. And I've got

2629
01:51:21,100 --> 01:51:22,100
many cases I can give you.

2630
01:51:22,100 --> 01:51:24,401
City of Murfreesboro, Wright

2631
01:51:25,100 --> 01:51:27,100
versus City Hall. There are a

2632
01:51:27,100 --> 01:51:28,100
bunch of them, but I just want

2633
01:51:28,100 --> 01:51:29,100
to make that point. If, if you

2634
01:51:29,100 --> 01:51:30,100
perceive there is an ambiguity

2635
01:51:30,100 --> 01:51:31,100
then the ambiguity must be

2636
01:51:31,100 --> 01:51:33,100
resolved

2637
01:51:33,100 --> 01:51:34,100
against the government

2638
01:51:34,100 --> 01:51:35,100
in favor

2639
01:51:35,100 --> 01:51:36,100
of the property owner. Thank

2640
01:51:36,100 --> 01:51:38,100
you. Thank you, Judge.

2641
01:51:38,100 --> 01:51:39,100
Councilman Smiley, you

2642
01:51:39,100 --> 01:51:40,100
recognized, I do not want

2643
01:51:40,100 --> 01:51:42,100
to be a judge. Can I make one

2644
01:51:42,100 --> 01:51:44,401
final point? It's not,

2645
01:51:47,100 --> 01:51:49,100
how long? 30 seconds. I'm not

2646
01:51:49,100 --> 01:51:51,100
sure about brevity with you,

2647
01:51:51,100 --> 01:51:52,100
Attorney Spence,

2648
01:51:52,100 --> 01:51:53,100
but go ahead, then I'm going

2649
01:51:53,100 --> 01:51:54,100
to say it,

2650
01:51:54,100 --> 01:51:55,100
and then I think we're going

2651
01:51:55,100 --> 01:51:57,100
to call for the question. All

2652
01:51:57,100 --> 01:52:00,100
right. The ordinance says the

2653
01:52:00,100 --> 01:52:03,100
centerline of the public or

2654
01:52:03,100 --> 01:52:05,100
private street, then it defines

2655
01:52:05,100 --> 01:52:06,100
a private street as a

2656
01:52:06,100 --> 01:52:08,100
passageway. But, but then,

2657
01:52:08,100 --> 01:52:09,100
but we're not talking about the

2658
01:52:09,100 --> 01:52:11,401
most important language, on

2659
01:52:13,100 --> 01:52:15,100
which the liquor store fronts.

2660
01:52:15,100 --> 01:52:18,601
So public or private street is

2661
01:52:20,100 --> 01:52:21,100
attached to

2662
01:52:21,100 --> 01:52:23,100
on which it fronts. There's no

2663
01:52:23,100 --> 01:52:25,100
question in this case that this

2664
01:52:25,100 --> 01:52:27,100
liquor store fronts on White

2665
01:52:27,100 --> 01:52:29,100
Station. It doesn't front

2666
01:52:29,100 --> 01:52:32,601
on a private passageway. And so

2667
01:52:34,100 --> 01:52:36,100
when you read the ordinance as

2668
01:52:36,100 --> 01:52:38,100
a whole, it's clear. There's no

2669
01:52:38,100 --> 01:52:40,100
ambiguity. It's

2670
01:52:40,100 --> 01:52:43,601
on which it fronts. All right,

2671
01:52:46,100 --> 01:52:47,100
Councilman Smiley, we're going

2672
01:52:47,100 --> 01:52:48,100
to wrap it up. Can I call

2673
01:52:48,100 --> 01:52:49,100
for the question after this?

2674
01:52:49,100 --> 01:52:51,100
Yes. All right I'm going

2675
01:52:51,100 --> 01:52:52,100
to make a statement,

2676
01:52:52,100 --> 01:52:53,100
and I'm pretty sure it's going

2677
01:52:53,100 --> 01:52:56,601
to be litigated. Oh, I'm making

2678
01:52:57,100 --> 01:53:00,601
a statement. I just, when you

2679
01:53:02,100 --> 01:53:04,100
about to make a vote, you

2680
01:53:04,100 --> 01:53:06,100
should you should give people a

2681
01:53:06,100 --> 01:53:08,100
reason why. So here's my

2682
01:53:08,100 --> 01:53:09,100
position, and I'm going

2683
01:53:09,100 --> 01:53:10,100
to tell you how I'm going

2684
01:53:10,100 --> 01:53:12,100
to cast my vote. I believe,

2685
01:53:12,100 --> 01:53:13,100
after looking at the ordinance

2686
01:53:13,100 --> 01:53:15,100
and hearing the,

2687
01:53:15,100 --> 01:53:17,100
the excellent argument

2688
01:53:17,100 --> 01:53:18,100
by both councils, so kudos to

2689
01:53:18,100 --> 01:53:21,100
to both sides. I believe that

2690
01:53:21,100 --> 01:53:24,100
the way that Edwards addressed

2691
01:53:30,100 --> 01:53:32,100
the survey,

2692
01:53:33,100 --> 01:53:35,100
it violates the spirit

2693
01:53:35,100 --> 01:53:37,100
of the ordinance. However, I

2694
01:53:37,100 --> 01:53:38,100
don't think this council should

2695
01:53:38,100 --> 01:53:39,100
be in the business

2696
01:53:39,100 --> 01:53:40,100
of putting folks out

2697
01:53:40,100 --> 01:53:41,100
of business. I'm going

2698
01:53:41,100 --> 01:53:43,100
to vote no,

2699
01:53:43,100 --> 01:53:46,601
and that's my reason why. If

2700
01:53:47,100 --> 01:53:49,100
you'll please prepare the

2701
01:53:49,100 --> 01:53:52,100
screen. Oh, oh my goodness,

2702
01:53:52,100 --> 01:53:54,100
y'all, come

2703
01:53:54,100 --> 01:53:55,100
on now. I'm sorry, we, we can

2704
01:53:55,100 --> 01:53:56,100
vote, but I do want

2705
01:53:56,100 --> 01:53:58,100
to say this because, well, no,

2706
01:53:58,100 --> 01:53:59,100
because I just wish you had

2707
01:53:59,100 --> 01:54:00,100
just left well enough alone

2708
01:54:00,100 --> 01:54:02,100
because, tell me what to do.

2709
01:54:02,100 --> 01:54:05,601
Well, lawyers, so I, I know,

2710
01:54:07,100 --> 01:54:09,100
Attorney Wade, I will, but this

2711
01:54:09,100 --> 01:54:11,100
is what I will say. I just

2712
01:54:11,100 --> 01:54:13,100
didn't agree with the,

2713
01:54:13,100 --> 01:54:14,100
that it violated the spirit

2714
01:54:14,100 --> 01:54:15,100
of the law part,

2715
01:54:15,100 --> 01:54:16,100
because as I said here, it

2716
01:54:16,100 --> 01:54:18,100
seemed as if that it's a

2717
01:54:18,100 --> 01:54:20,100
commonly used methodology. And

2718
01:54:20,100 --> 01:54:21,100
then I think what's persuasive

2719
01:54:21,100 --> 01:54:23,100
is the ordinance itself that

2720
01:54:23,100 --> 01:54:25,401
says that a private,

2721
01:54:26,100 --> 01:54:27,100
from a private drive,

2722
01:54:27,100 --> 01:54:29,100
and it explains it such as

2723
01:54:29,100 --> 01:54:31,100
this, as a multi-establishment

2724
01:54:31,100 --> 01:54:34,100
commercial property. And so it

2725
01:54:34,100 --> 01:54:36,100
seems that the ordinance itself

2726
01:54:36,100 --> 01:54:38,100
actually describes a private

2727
01:54:38,100 --> 01:54:40,100
drive, and that that

2728
01:54:40,100 --> 01:54:41,100
measurement is what is used and

2729
01:54:41,100 --> 01:54:43,100
has been used

2730
01:54:43,100 --> 01:54:44,100
for that particular ordinance.

2731
01:54:44,100 --> 01:54:45,100
So for that reason,

2732
01:54:45,100 --> 01:54:47,100
I'll be voting the other way.

2733
01:54:47,100 --> 01:54:48,100
So you would still vote, you

2734
01:54:48,100 --> 01:54:50,100
tell me you can't leave well

2735
01:54:50,100 --> 01:54:51,100
enough alone and then make an

2736
01:54:51,100 --> 01:54:52,100
argument to, all right, thank

2737
01:54:52,100 --> 01:54:54,100
you, Councilmembers. Madam

2738
01:54:54,100 --> 01:54:55,100
Comptroller, I want

2739
01:54:55,100 --> 01:54:57,100
to stop giving us a bad name.

2740
01:54:57,100 --> 01:54:59,100
Thank you Councilmembers.

2741
01:54:59,100 --> 01:55:01,401
Please prepare the screen.

2742
01:55:20,100 --> 01:55:22,100
Canale, no. Easter-Thomas,

2743
01:55:23,100 --> 01:55:25,100
abstained. Ford, abstained.

2744
01:55:26,100 --> 01:55:28,100
Green, no. Smiley, no.

2745
01:55:28,100 --> 01:55:30,401
Spinosa, yes. Warren, no.

2746
01:55:32,100 --> 01:55:33,100
White, no. Chairwoman

2747
01:55:33,100 --> 01:55:35,100
Swearengen-Washington, no.

2748
01:55:36,100 --> 01:55:38,100
Please show Councilmember

2749
01:55:38,100 --> 01:55:40,100
Walker as voting no

2750
01:55:40,100 --> 01:55:43,601
on this item. Thank you very

2751
01:55:44,100 --> 01:55:47,100
much. All right, thank you.

2752
01:55:53,100 --> 01:55:56,100
That item failed. Okay, that

2753
01:55:58,100 --> 01:55:59,100
brings us

2754
01:55:59,100 --> 01:56:01,100
to our same-night minute items.

2755
01:56:01,100 --> 01:56:02,100
Councilman Canale, would you

2756
01:56:02,100 --> 01:56:04,100
please read the same-night

2757
01:56:04,100 --> 01:56:06,401
minute items into record?

2758
01:56:07,100 --> 01:56:08,100
Thank you, Madam Chair. Same

2759
01:56:08,100 --> 01:56:10,401
night minute items are 4, 7,

2760
01:56:12,100 --> 01:56:14,100
16, 17, 18, 19, and 20. And

2761
01:56:16,100 --> 01:56:17,100
with that, I move it

2762
01:56:17,100 --> 01:56:19,100
to the floor. Thank you. It's

2763
01:56:19,100 --> 01:56:21,100
been moved by Councilman

2764
01:56:21,100 --> 01:56:23,401
Canale and seconded by

2765
01:56:27,100 --> 01:56:29,401
Councilman Dr. Warren. Please

2766
01:56:31,100 --> 01:56:33,100
prepare your screens

2767
01:56:33,100 --> 01:56:35,100
for the voting.

2768
01:56:44,100 --> 01:56:45,100
Canale, yes. Easter-Thomas.

2769
01:56:45,100 --> 01:56:48,100
Yes. Ford, yes. Green, yes.

2770
01:56:48,100 --> 01:56:50,100
Smiley, yes. Walker, yes.

2771
01:56:50,100 --> 01:56:52,100
Warren, yes. White, yes.

2772
01:56:52,100 --> 01:56:53,100
Chairwoman

2773
01:56:53,100 --> 01:56:55,100
Swearengen-Washington, yes.

2774
01:56:57,100 --> 01:57:00,601
That item passes. That moves us

2775
01:57:01,100 --> 01:57:04,100
to our public comment cards.

2776
01:57:12,100 --> 01:57:15,100
First on the agenda is

2777
01:57:15,100 --> 01:57:18,100
Cynthia Bailey and then Lucy

2778
01:57:21,100 --> 01:57:23,100
Chambliss. Chambliss. Miss

2779
01:57:40,100 --> 01:57:42,100
Cynthia, Miss Lucy, and then

2780
01:57:42,100 --> 01:57:44,401
Corey Travis. Hello, good

2781
01:57:50,100 --> 01:57:53,100
evening to you all. Cynthia

2782
01:57:53,100 --> 01:57:55,401
Bailey, community advocate at

2783
01:57:56,100 --> 01:57:58,401
1095, you can't go ahead?

2784
01:58:00,100 --> 01:58:03,100
Yes, ma'am. Oh, Poplar Avenue.

2785
01:58:04,100 --> 01:58:07,601
I'm coming today. It's been a

2786
01:58:08,100 --> 01:58:10,100
lot of issues at Maddow, as you

2787
01:58:10,100 --> 01:58:13,100
all know, and myself, Mr.

2788
01:58:14,100 --> 01:58:16,100
Johnny, and Mr. Sammy, we came

2789
01:58:16,100 --> 01:58:18,100
in May and we have given you

2790
01:58:18,100 --> 01:58:20,100
all a list of things that been

2791
01:58:20,100 --> 01:58:22,100
happening and occurring

2792
01:58:22,100 --> 01:58:24,100
in that matter. The things that

2793
01:58:24,100 --> 01:58:25,100
supposedly been happening

2794
01:58:25,100 --> 01:58:27,100
haven't been happening. Now I

2795
01:58:27,100 --> 01:58:30,100
heard you all said that Mr.

2796
01:58:30,100 --> 01:58:33,100
Holm is doing a great job, and

2797
01:58:33,100 --> 01:58:34,100
it's okay if you all feel that

2798
01:58:34,100 --> 01:58:37,100
way, but we totally disagree.

2799
01:58:37,100 --> 01:58:41,100
We don't see no new buses that

2800
01:58:41,100 --> 01:58:43,100
you all said that's supposed

2801
01:58:43,100 --> 01:58:45,100
to be out. I think,

2802
01:58:45,100 --> 01:58:47,401
Council Lady White was

2803
01:58:49,100 --> 01:58:52,100
on the news or something

2804
01:58:52,100 --> 01:58:53,100
talking about a great job that

2805
01:58:53,100 --> 01:58:55,100
he's doing. Okay, that's fine,

2806
01:58:55,100 --> 01:58:57,100
but when you have the community

2807
01:58:57,100 --> 01:58:59,100
as a whole consistently and

2808
01:58:59,100 --> 01:59:01,100
constantly come

2809
01:59:01,100 --> 01:59:04,100
to us and complain every day,

2810
01:59:04,100 --> 01:59:06,100
it's not one day that I'm down

2811
01:59:06,100 --> 01:59:08,100
there that I hear complaints

2812
01:59:08,100 --> 01:59:10,100
consistently about the buses.

2813
01:59:10,100 --> 01:59:12,100
Transportation matters. Just

2814
01:59:14,100 --> 01:59:16,100
like police department matters,

2815
01:59:16,100 --> 01:59:18,100
just like education matters,

2816
01:59:18,100 --> 01:59:20,100
transportation matters. And

2817
01:59:20,100 --> 01:59:22,100
it's, to me now, I'm feeling

2818
01:59:22,100 --> 01:59:24,100
like when we come up here and

2819
01:59:24,100 --> 01:59:25,100
say these things, it's going

2820
01:59:25,100 --> 01:59:28,100
in one ear out the other one.

2821
01:59:28,100 --> 01:59:30,100
Because we out here,

2822
01:59:30,100 --> 01:59:31,100
and I promise

2823
01:59:31,100 --> 01:59:32,100
on an oath that I'm going

2824
01:59:32,100 --> 01:59:34,100
to do everything

2825
01:59:34,100 --> 01:59:35,100
in my power when I was

2826
01:59:35,100 --> 01:59:36,100
on the board,

2827
01:59:36,100 --> 01:59:37,100
and I'm continually doing it.

2828
01:59:37,100 --> 01:59:39,100
But we need support. We need

2829
01:59:39,100 --> 01:59:42,100
someone to speak up and speak

2830
01:59:42,100 --> 01:59:43,100
out about what the citizens are

2831
01:59:43,100 --> 01:59:46,100
coming saying. To you all.

2832
01:59:47,100 --> 01:59:48,100
Okay Council Lady Easter-

2833
01:59:48,100 --> 01:59:50,100
Thomas, you asked us in May

2834
01:59:50,100 --> 01:59:52,100
to give you a list,

2835
01:59:52,100 --> 01:59:54,100
and we gave you all a list

2836
01:59:54,100 --> 01:59:56,100
of things. We have not received

2837
01:59:56,100 --> 01:59:58,100
any feedback from nobody

2838
01:59:58,100 --> 02:00:00,100
about that list. Thank you.

2839
02:00:00,100 --> 02:00:02,100
Would you like to respond?

2840
02:00:02,100 --> 02:00:04,100
Miss Bailey, spot on. I did get

2841
02:00:04,100 --> 02:00:06,100
that list from you,

2842
02:00:06,100 --> 02:00:08,100
and we didn't receive any

2843
02:00:08,100 --> 02:00:10,100
response, so that's why I

2844
02:00:10,100 --> 02:00:12,100
didn't give you a response. I

2845
02:00:12,100 --> 02:00:13,100
just wanted

2846
02:00:13,100 --> 02:00:14,100
to make sure that that was

2847
02:00:14,100 --> 02:00:16,100
on your record too. Thank you,

2848
02:00:16,100 --> 02:00:19,100
Miss Lucy. Lucy Chambliss. I'm

2849
02:00:22,100 --> 02:00:23,100
a little thrown off. I don't

2850
02:00:23,100 --> 02:00:24,100
think I've ever seen that many

2851
02:00:24,100 --> 02:00:26,401
Republicans in this room.

2852
02:00:28,100 --> 02:00:31,100
Sorry. I'm ready. Yeah. 2 weeks

2853
02:00:33,100 --> 02:00:34,100
ago, I stood

2854
02:00:34,100 --> 02:00:35,100
before you and asked you

2855
02:00:35,100 --> 02:00:37,100
to do something.

2856
02:00:37,100 --> 02:00:38,100
At that time, 3 people had been

2857
02:00:38,100 --> 02:00:39,100
killed by the Memphis Unsafe

2858
02:00:39,100 --> 02:00:41,100
Task Force. Darren Pegram was

2859
02:00:41,100 --> 02:00:44,100
killed by DEA agent Levi

2860
02:00:44,100 --> 02:00:47,100
Blandon. Why was the DEA

2861
02:00:49,100 --> 02:00:50,100
serving a warrant that didn't

2862
02:00:50,100 --> 02:00:51,100
have anything to do

2863
02:00:51,100 --> 02:00:52,100
with drugs, though? When

2864
02:00:52,100 --> 02:00:53,100
Memphis police were

2865
02:00:53,100 --> 02:00:54,100
on the scene, why did we have

2866
02:00:54,100 --> 02:00:55,100
to have a federal task force,

2867
02:00:55,100 --> 02:00:56,100
federal agents carrying rifles

2868
02:00:56,100 --> 02:01:00,100
to confront a man at work? We

2869
02:01:00,100 --> 02:01:01,100
need to understand why that

2870
02:01:01,100 --> 02:01:04,100
happened. Jonah Neal was killed

2871
02:01:04,100 --> 02:01:06,100
by an HSI special agent. He was

2872
02:01:06,100 --> 02:01:07,100
suffering a mental health

2873
02:01:07,100 --> 02:01:08,100
crisis, and his family called

2874
02:01:08,100 --> 02:01:10,401
for crisis intervention. Why

2875
02:01:11,100 --> 02:01:13,100
was an HSI special agent sent?

2876
02:01:13,100 --> 02:01:14,100
We need answers

2877
02:01:14,100 --> 02:01:17,100
on that. I stood here

2878
02:01:18,100 --> 02:01:20,100
before you last time,

2879
02:01:20,100 --> 02:01:21,100
just a couple of days

2880
02:01:21,100 --> 02:01:23,100
after members of the National

2881
02:01:23,100 --> 02:01:24,100
Guard, the United States

2882
02:01:24,100 --> 02:01:26,100
military, gunned

2883
02:01:26,100 --> 02:01:27,100
down 20-year-old Tyron

2884
02:01:27,100 --> 02:01:29,100
Johnson. I asked who gave

2885
02:01:29,100 --> 02:01:30,100
consent for the military

2886
02:01:30,100 --> 02:01:31,100
to carry weapons and engage

2887
02:01:31,100 --> 02:01:32,100
in law enforcement activity.

2888
02:01:32,100 --> 02:01:33,100
Mayor Young made it sound like

2889
02:01:33,100 --> 02:01:34,100
they'd be picking up trash,

2890
02:01:34,100 --> 02:01:36,100
and Governor Lee said that they

2891
02:01:36,100 --> 02:01:38,100
wouldn't be armed or engaging

2892
02:01:38,100 --> 02:01:39,100
in law enforcement activities

2893
02:01:39,100 --> 02:01:40,100
unless requested

2894
02:01:40,100 --> 02:01:41,100
by local law enforcement. So

2895
02:01:41,100 --> 02:01:44,601
who made that call? The day

2896
02:01:45,100 --> 02:01:48,100
after I last stood here

2897
02:01:48,100 --> 02:01:49,100
before you, Alfonso Ivy was

2898
02:01:49,100 --> 02:01:50,100
shot and killed

2899
02:01:50,100 --> 02:01:51,100
by DEA agents. And again,

2900
02:01:51,100 --> 02:01:53,100
we have to ask,

2901
02:01:53,100 --> 02:01:56,100
why was the DEA involved?

2902
02:01:56,100 --> 02:01:57,100
At this point, 8 American

2903
02:01:57,100 --> 02:01:59,100
citizens have been killed by

2904
02:01:59,100 --> 02:02:00,100
these federal task forces

2905
02:02:00,100 --> 02:02:02,100
nationwide so far this year.

2906
02:02:02,100 --> 02:02:04,100
Half of these extrajudicial

2907
02:02:04,100 --> 02:02:05,100
killings have happened here

2908
02:02:05,100 --> 02:02:08,100
in Memphis. And the most we've

2909
02:02:08,100 --> 02:02:10,100
heard from this administration

2910
02:02:10,100 --> 02:02:13,100
is that they were unfortunate

2911
02:02:13,100 --> 02:02:16,100
incidents. I'm here asking not

2912
02:02:17,100 --> 02:02:19,100
only for the release

2913
02:02:19,100 --> 02:02:21,100
of a single video or answers to

2914
02:02:21,100 --> 02:02:22,100
the questions I've posed

2915
02:02:22,100 --> 02:02:23,100
tonight, but for full

2916
02:02:23,100 --> 02:02:24,100
transparency and accountability

2917
02:02:24,100 --> 02:02:25,100
to the public. Who is making

2918
02:02:25,100 --> 02:02:27,100
these calls that is making life

2919
02:02:27,100 --> 02:02:29,100
more difficult and less safe

2920
02:02:29,100 --> 02:02:30,100
for Memphis? And where is our

2921
02:02:30,100 --> 02:02:33,100
leadership? How has that seat

2922
02:02:33,100 --> 02:02:35,100
at the table served us? And is

2923
02:02:35,100 --> 02:02:36,100
it not time for us

2924
02:02:36,100 --> 02:02:37,100
to remove ourselves from a

2925
02:02:37,100 --> 02:02:39,100
table that never truly welcomed

2926
02:02:39,100 --> 02:02:42,601
us in the first place? Thank

2927
02:02:44,100 --> 02:02:47,100
you so much. Corey Travis and

2928
02:02:47,100 --> 02:02:49,401
then Wanecia Hyman. Corey

2929
02:02:52,100 --> 02:02:53,100
Travis isn't here. Okay,

2930
02:02:53,100 --> 02:02:56,100
Wanecia Hyman, she isn't here.

2931
02:02:57,100 --> 02:02:59,401
Claudia Hyman. Sammy Hunter.

2932
02:03:12,100 --> 02:03:14,100
Yes, my name is Sammy Hunter,

2933
02:03:14,100 --> 02:03:16,100
4211 Parkchester Avenue. I

2934
02:03:17,100 --> 02:03:19,100
co-chair the Memphis Bus

2935
02:03:19,100 --> 02:03:21,100
Rider Union since 2012.

2936
02:03:22,100 --> 02:03:23,100
Council, today I'm coming

2937
02:03:23,100 --> 02:03:24,100
to you simply

2938
02:03:24,100 --> 02:03:26,100
on some things that Ms.

2939
02:03:26,100 --> 02:03:27,100
Cynthia Bailey said. I'm

2940
02:03:27,100 --> 02:03:29,100
piggybacking on that. First

2941
02:03:29,100 --> 02:03:30,100
thing,

2942
02:03:30,100 --> 02:03:31,100
bus riders are still standing.

2943
02:03:31,100 --> 02:03:33,100
2 or 3 hours waiting on bus.

2944
02:03:33,100 --> 02:03:34,100
Even if they got trackers

2945
02:03:34,100 --> 02:03:36,100
on the phones, the buses are

2946
02:03:36,100 --> 02:03:38,100
still not showing up. The

2947
02:03:38,100 --> 02:03:40,100
second thing is that when Mr.

2948
02:03:40,100 --> 02:03:42,100
Holmes first got in,

2949
02:03:42,100 --> 02:03:44,100
there were 20 buses that were

2950
02:03:44,100 --> 02:03:45,100
approved by the board, which

2951
02:03:45,100 --> 02:03:48,100
Miss Cynthia Bailey was on. 20

2952
02:03:48,100 --> 02:03:49,100
buses supposed to be coming

2953
02:03:49,100 --> 02:03:51,100
from Kentucky. Mr. Holmes

2954
02:03:51,100 --> 02:03:53,100
stopped those buses

2955
02:03:53,100 --> 02:03:54,100
from coming. My thing is,

2956
02:03:54,100 --> 02:03:56,100
if he at least could let some

2957
02:03:56,100 --> 02:03:58,100
of those buses come

2958
02:03:58,100 --> 02:03:59,100
in we wouldn't be

2959
02:03:59,100 --> 02:04:00,100
in the shape that we're

2960
02:04:00,100 --> 02:04:01,100
in now. They say they got a bus

2961
02:04:01,100 --> 02:04:02,100
shortage going on. If he had

2962
02:04:02,100 --> 02:04:03,100
let some

2963
02:04:03,100 --> 02:04:05,100
of those buses come in,

2964
02:04:05,100 --> 02:04:06,100
we wouldn't be going

2965
02:04:06,100 --> 02:04:07,100
through what we're going

2966
02:04:07,100 --> 02:04:08,100
through now

2967
02:04:08,100 --> 02:04:09,100
with the bus riders standing

2968
02:04:09,100 --> 02:04:10,100
out here a long period

2969
02:04:10,100 --> 02:04:11,100
of time. Now the second thing,

2970
02:04:11,100 --> 02:04:12,100
he said 12 buses, new buses.

2971
02:04:12,100 --> 02:04:13,100
He wanted new buses. I can

2972
02:04:13,100 --> 02:04:14,100
understand that. He said 12

2973
02:04:14,100 --> 02:04:17,100
buses were expected in June.

2974
02:04:17,100 --> 02:04:18,100
That's what Mr. Holmes' word

2975
02:04:18,100 --> 02:04:20,100
was. Now we're going almost

2976
02:04:20,100 --> 02:04:22,100
going into August. We don't see

2977
02:04:22,100 --> 02:04:24,100
any buses yet. We haven't seen

2978
02:04:24,100 --> 02:04:26,100
anything. So I'm just saying

2979
02:04:26,100 --> 02:04:30,100
this is a mess. You can look

2980
02:04:30,100 --> 02:04:31,100
at it if you want to look

2981
02:04:31,100 --> 02:04:32,100
at it how you want to look

2982
02:04:32,100 --> 02:04:33,100
at it, but Memphis needs a

2983
02:04:33,100 --> 02:04:35,100
better transportation system

2984
02:04:35,100 --> 02:04:36,100
in Memphis. We need a better,

2985
02:04:36,100 --> 02:04:37,100
because when you go

2986
02:04:37,100 --> 02:04:38,100
to other cities,

2987
02:04:38,100 --> 02:04:39,100
that's what they say. What's

2988
02:04:39,100 --> 02:04:40,100
wrong

2989
02:04:40,100 --> 02:04:41,100
with y'all transportation

2990
02:04:41,100 --> 02:04:42,100
system down there? Well, I

2991
02:04:42,100 --> 02:04:43,100
don't want to come there

2992
02:04:43,100 --> 02:04:44,100
because I can't get around.

2993
02:04:44,100 --> 02:04:46,100
And you don't have the trolleys

2994
02:04:46,100 --> 02:04:47,100
to get me where I want

2995
02:04:47,100 --> 02:04:48,100
to get. I'm trying to visit

2996
02:04:48,100 --> 02:04:49,100
Memphis, but I can't come

2997
02:04:49,100 --> 02:04:50,100
because you don't have a better

2998
02:04:50,100 --> 02:04:52,100
transit system. So this is what

2999
02:04:52,100 --> 02:04:53,100
I've been

3000
02:04:53,100 --> 02:04:55,100
to other cities and I see this,

3001
02:04:55,100 --> 02:04:57,100
it makes me mad when I hear

3002
02:04:57,100 --> 02:04:59,100
this because I know we can do

3003
02:04:59,100 --> 02:05:00,100
better than this. We need

3004
02:05:00,100 --> 02:05:01,100
to do better in the city of

3005
02:05:01,100 --> 02:05:02,100
Memphis and we need people

3006
02:05:02,100 --> 02:05:03,100
on board to try to get this

3007
02:05:03,100 --> 02:05:05,100
transportation system better.

3008
02:05:05,100 --> 02:05:07,100
Thank you. You're absolutely

3009
02:05:07,100 --> 02:05:09,100
right. We appreciate your

3010
02:05:09,100 --> 02:05:11,100
comment. Councilman Ford.

3011
02:05:13,100 --> 02:05:15,100
Okay, let me get something

3012
02:05:15,100 --> 02:05:17,100
straight right now. Yes, sir.

3013
02:05:17,100 --> 02:05:18,100
With the buses. Yeah, we were

3014
02:05:18,100 --> 02:05:19,100
supposed

3015
02:05:19,100 --> 02:05:20,100
to have been getting some buses

3016
02:05:20,100 --> 02:05:21,100
from Kentucky,

3017
02:05:21,100 --> 02:05:22,100
but why get some from Kentucky

3018
02:05:22,100 --> 02:05:24,100
that's just

3019
02:05:24,100 --> 02:05:25,100
like the ones that we're trying

3020
02:05:25,100 --> 02:05:28,100
to get rid of? No, that's why

3021
02:05:28,100 --> 02:05:30,100
you stopped here. Now, if you

3022
02:05:30,100 --> 02:05:32,100
go and check your facts,

3023
02:05:32,100 --> 02:05:34,100
we've gotten 9 new buses in.

3024
02:05:34,100 --> 02:05:37,100
You're a liar. I am not a liar,

3025
02:05:37,100 --> 02:05:39,100
and please don't call me that.

3026
02:05:39,100 --> 02:05:42,100
He's not a liar. Please let me

3027
02:05:42,100 --> 02:05:44,100
talk, okay? And then you go get

3028
02:05:44,100 --> 02:05:46,100
your story straight,

3029
02:05:46,100 --> 02:05:47,100
and then you will know

3030
02:05:47,100 --> 02:05:49,100
about the buses that are here.

3031
02:05:49,100 --> 02:05:51,100
They coming by threes. We've

3032
02:05:51,100 --> 02:05:53,100
got 3, 6, 9. This week we

3033
02:05:53,100 --> 02:05:55,100
should get 3 more,

3034
02:05:55,100 --> 02:05:57,100
will be that 12.

3035
02:05:57,100 --> 02:05:58,100
Within the end of the year, we

3036
02:05:58,100 --> 02:06:00,100
will have some brand new more

3037
02:06:00,100 --> 02:06:03,601
buses. If you go out there,

3038
02:06:04,100 --> 02:06:05,100
they will be glad to show them

3039
02:06:05,100 --> 02:06:07,100
to you. I asked

3040
02:06:07,100 --> 02:06:08,100
for the councilman

3041
02:06:08,100 --> 02:06:09,100
to respond. This is not a

3042
02:06:09,100 --> 02:06:11,100
debate, and he is sharing some

3043
02:06:11,100 --> 02:06:13,100
information. Please continue,

3044
02:06:13,100 --> 02:06:15,401
councilman. I appreciate it,

3045
02:06:16,100 --> 02:06:18,100
but do not ever call me a liar

3046
02:06:18,100 --> 02:06:19,100
because I don't lie. I don't

3047
02:06:19,100 --> 02:06:21,100
have to lie. I'm too old

3048
02:06:21,100 --> 02:06:24,100
to lie, you know? But I don't

3049
02:06:24,100 --> 02:06:27,100
like nobody don't get facts.

3050
02:06:28,100 --> 02:06:29,100
We've been meeting

3051
02:06:29,100 --> 02:06:31,100
with the bus people, okay? But

3052
02:06:31,100 --> 02:06:33,100
y'all are not listening. Y'all

3053
02:06:33,100 --> 02:06:34,100
are listening

3054
02:06:34,100 --> 02:06:36,100
to the wrong people. But I know

3055
02:06:36,100 --> 02:06:37,100
as a fact how many buses have

3056
02:06:37,100 --> 02:06:40,100
come in, and they're coming

3057
02:06:41,100 --> 02:06:43,401
in that way. 3, 3, 3, and 3.

3058
02:06:44,100 --> 02:06:45,100
And you're, one thing that

3059
02:06:45,100 --> 02:06:47,100
you're correct is shortages

3060
02:06:47,100 --> 02:06:50,100
on trying to get buses.

3061
02:06:51,100 --> 02:06:52,100
But we're going to have 12

3062
02:06:52,100 --> 02:06:54,100
brand new ones, and by the end

3063
02:06:54,100 --> 02:06:55,100
of the year we're going to have

3064
02:06:55,100 --> 02:06:57,100
quite a few more brand new

3065
02:06:57,100 --> 02:06:59,100
buses,

3066
02:06:59,100 --> 02:07:00,100
not a used bus that's going

3067
02:07:00,100 --> 02:07:03,100
to break down. Then not only

3068
02:07:03,100 --> 02:07:05,100
that, the riders,

3069
02:07:07,100 --> 02:07:09,100
and you said people saying 3

3070
02:07:09,100 --> 02:07:10,100
hours,

3071
02:07:10,100 --> 02:07:11,100
I don't know where you're

3072
02:07:11,100 --> 02:07:13,100
coming from with that. That's

3073
02:07:13,100 --> 02:07:14,100
That's not true either, okay?

3074
02:07:14,100 --> 02:07:17,100
Unless you missed the bus and

3075
02:07:17,100 --> 02:07:18,100
then it wasn't supposed

3076
02:07:18,100 --> 02:07:20,100
to come until that time. If

3077
02:07:20,100 --> 02:07:21,100
you're supposed to be in there

3078
02:07:21,100 --> 02:07:22,100
at 7, you got there at , that

3079
02:07:22,100 --> 02:07:25,100
bus gone. So the next one may

3080
02:07:25,100 --> 02:07:28,100
come at a certain time, okay?

3081
02:07:28,100 --> 02:07:30,100
Only thing that we're having

3082
02:07:30,100 --> 02:07:32,100
right now,

3083
02:07:33,100 --> 02:07:35,100
and I'm having issues

3084
02:07:35,100 --> 02:07:38,100
with that right this minute,

3085
02:07:38,100 --> 02:07:39,100
and that's we hadn't even had

3086
02:07:39,100 --> 02:07:41,100
fast. You can ride the bus.

3087
02:07:41,100 --> 02:07:44,100
Free. How many cities ride the

3088
02:07:44,100 --> 02:07:46,100
bus free? Now, my wife is

3089
02:07:46,100 --> 02:07:49,100
from Mobile, Alabama. Now, you

3090
02:07:49,100 --> 02:07:51,100
go there, you're going to pay

3091
02:07:51,100 --> 02:07:53,100
quite a bit because that's

3092
02:07:53,100 --> 02:07:56,100
privately owned. And they don't

3093
02:07:58,100 --> 02:08:01,601
have brand new buses. It takes

3094
02:08:02,100 --> 02:08:04,100
time. We've been working

3095
02:08:04,100 --> 02:08:06,100
on this for quite a while.

3096
02:08:06,100 --> 02:08:09,100
But it's much, much better.

3097
02:08:09,100 --> 02:08:13,100
Okay? We had some, and it's our

3098
02:08:13,100 --> 02:08:15,100
fault that we had the wrong

3099
02:08:15,100 --> 02:08:16,100
people trying

3100
02:08:16,100 --> 02:08:18,100
to get it together. They kind

3101
02:08:18,100 --> 02:08:20,100
of disappointed us, but we're

3102
02:08:20,100 --> 02:08:22,100
on the right track right now.

3103
02:08:22,100 --> 02:08:24,100
Y'all was talking about

3104
02:08:24,100 --> 02:08:27,100
Attorney Holmes. He could be

3105
02:08:28,100 --> 02:08:30,401
doing something much better.

3106
02:08:31,100 --> 02:08:32,100
He don't have

3107
02:08:32,100 --> 02:08:34,100
to be helping us. This man is

3108
02:08:34,100 --> 02:08:37,100
doing a job to help the city,

3109
02:08:37,100 --> 02:08:39,100
okay? We're trying to keep him

3110
02:08:39,100 --> 02:08:41,100
as long as we can because he's

3111
02:08:41,100 --> 02:08:42,100
ready to go. He was supposed

3112
02:08:42,100 --> 02:08:44,100
to only been here 90 days.

3113
02:08:44,100 --> 02:08:46,100
This man changed things

3114
02:08:46,100 --> 02:08:49,100
within 30 days. We can't afford

3115
02:08:51,100 --> 02:08:53,100
this man,

3116
02:08:54,100 --> 02:08:55,100
but this man is just here

3117
02:08:55,100 --> 02:08:58,100
to try to help this city. He

3118
02:08:58,100 --> 02:09:00,100
can be gone today, tomorrow,

3119
02:09:00,100 --> 02:09:03,100
and everything else. What we

3120
02:09:04,100 --> 02:09:06,100
end up giving this man,

3121
02:09:06,100 --> 02:09:09,100
he'd make that in a few days.

3122
02:09:09,100 --> 02:09:12,100
He don't have to help us. He's

3123
02:09:12,100 --> 02:09:13,100
willing to help us and

3124
02:09:13,100 --> 02:09:15,100
to stay on,

3125
02:09:16,100 --> 02:09:18,100
but he could have been gone

3126
02:09:18,100 --> 02:09:20,100
in that 90 days.

3127
02:09:20,100 --> 02:09:21,100
But I need y'all

3128
02:09:21,100 --> 02:09:24,100
to get y'all's facts together.

3129
02:09:24,100 --> 02:09:26,100
Everybody's complaining, bus,

3130
02:09:26,100 --> 02:09:29,100
this, this, this. They even

3131
02:09:29,100 --> 02:09:32,100
complain about bus stops. He

3132
02:09:32,100 --> 02:09:33,100
built some, well, hey, if it's

3133
02:09:33,100 --> 02:09:35,100
raining, you can be

3134
02:09:35,100 --> 02:09:37,100
under something. Why complain?

3135
02:09:37,100 --> 02:09:38,100
Oh, you put it

3136
02:09:38,100 --> 02:09:40,000
in the wrong place.

3137
02:09:40,000 --> 02:09:42,400
Everything, you're not happy,

3138
02:09:43,100 --> 02:09:46,100
you know. But get your facts

3139
02:09:46,100 --> 02:09:48,100
together. I'm going

3140
02:09:48,100 --> 02:09:49,100
to be quiet, but please get

3141
02:09:49,100 --> 02:09:50,100
your facts together because,

3142
02:09:50,100 --> 02:09:51,100
hey,

3143
02:09:51,100 --> 02:09:52,100
that's what you're saying is

3144
02:09:52,100 --> 02:09:53,100
not true,

3145
02:09:53,100 --> 02:09:54,100
and I don't want the public

3146
02:09:54,100 --> 02:09:56,100
to see that, hey,

3147
02:09:56,100 --> 02:09:57,100
these things are not true,

3148
02:09:57,100 --> 02:09:59,100
because it's, it's happening.

3149
02:09:59,100 --> 02:10:00,100
Okay, thank you. Thank you,

3150
02:10:00,100 --> 02:10:01,100
Chair. And thank you

3151
02:10:01,100 --> 02:10:03,100
for your leadership. And we

3152
02:10:03,100 --> 02:10:06,100
know that MATTA was a disaster,

3153
02:10:06,100 --> 02:10:07,100
and we've had

3154
02:10:07,100 --> 02:10:08,100
to practically start

3155
02:10:08,100 --> 02:10:10,100
from scratch. I mean,

3156
02:10:10,100 --> 02:10:12,100
for real. So we're going

3157
02:10:12,100 --> 02:10:14,100
to continue to work because we

3158
02:10:14,100 --> 02:10:15,100
know we deserve a better

3159
02:10:15,100 --> 02:10:17,100
transit system,

3160
02:10:17,100 --> 02:10:18,100
and we will not rest

3161
02:10:18,100 --> 02:10:20,100
until it continues to improve.

3162
02:10:20,100 --> 02:10:21,100
In a lot of cities,

3163
02:10:21,100 --> 02:10:23,100
you can ride the bus 24 hours.

3164
02:10:23,100 --> 02:10:24,100
So we have a lot of work

3165
02:10:24,100 --> 02:10:26,100
to do, but we will not rest

3166
02:10:26,100 --> 02:10:28,100
until we continue to provide

3167
02:10:28,100 --> 02:10:30,100
the services that you all

3168
02:10:30,100 --> 02:10:32,100
deserve, that we deserve. Mr.

3169
02:10:32,100 --> 02:10:34,100
Ricky Lewis, and then Johnny

3170
02:10:34,100 --> 02:10:36,401
Mosley. After Johnny Mosley,

3171
02:10:45,100 --> 02:10:47,100
Andrew Guthrie, and then

3172
02:10:47,100 --> 02:10:50,100
Brianna Byrd. And that's it.

3173
02:10:57,100 --> 02:10:59,401
Good afternoon. Good afternoon.

3174
02:11:00,100 --> 02:11:01,100
My name is Ricky Lewis, and I

3175
02:11:01,100 --> 02:11:03,100
am still an advocate

3176
02:11:03,100 --> 02:11:05,100
of the ones that fired

3177
02:11:05,100 --> 02:11:08,100
at MLGW. And that Timothy

3178
02:11:10,100 --> 02:11:12,401
Davis been having contracts,

3179
02:11:18,100 --> 02:11:21,100
I'm sorry, I got you. He'll,

3180
02:11:21,100 --> 02:11:22,100
he'll help you

3181
02:11:22,100 --> 02:11:25,100
with that microphone. Just fix

3182
02:11:25,100 --> 02:11:27,100
that for you. There you go.

3183
02:11:27,100 --> 02:11:30,100
Yeah, Timothy Davis, VP from

3184
02:11:31,100 --> 02:11:34,100
Light Gas and Water. They are

3185
02:11:34,100 --> 02:11:37,100
really robbing the city of

3186
02:11:37,100 --> 02:11:40,100
Memphis Light Gas and Water.

3187
02:11:41,100 --> 02:11:43,100
With the contracts,

3188
02:11:44,100 --> 02:11:45,100
if I've said I gave you some,

3189
02:11:45,100 --> 02:11:47,100
some brochures or whatever,

3190
02:11:47,100 --> 02:11:50,601
and it says Ruth is 30 years,

3191
02:11:52,100 --> 02:11:53,100
she'd been knowing him 30

3192
02:11:53,100 --> 02:11:55,100
years. So if,

3193
02:11:56,100 --> 02:11:58,100
if a friend come and get $8

3194
02:11:58,100 --> 02:12:00,401
million or $5 million contract,

3195
02:12:01,100 --> 02:12:02,100
that is, is that a code

3196
02:12:02,100 --> 02:12:04,100
of ethics? If it was one

3197
02:12:04,100 --> 02:12:06,401
of you guys Channel 3, 5, 13,

3198
02:12:07,100 --> 02:12:09,100
CNN be investigating you guys.

3199
02:12:09,100 --> 02:12:10,100
So I feel they need

3200
02:12:10,100 --> 02:12:12,401
to be investigated. All

3201
02:12:16,100 --> 02:12:19,100
contracts from Davis, it need

3202
02:12:20,100 --> 02:12:22,100
to be, it needs

3203
02:12:22,100 --> 02:12:25,601
to be investigated. Ruby is the

3204
02:12:27,100 --> 02:12:28,100
contract lady. It's the VP,

3205
02:12:28,100 --> 02:12:31,100
senior VP of ECS partner,

3206
02:12:33,100 --> 02:12:36,601
and it was closed 2025. And now

3207
02:12:37,100 --> 02:12:39,100
they have a contract of

3208
02:12:39,100 --> 02:12:41,100
Hometown Hub. And Memphis

3209
02:12:41,100 --> 02:12:44,100
City, Memphis Light, Gas, and

3210
02:12:44,100 --> 02:12:47,100
Water has always trained our

3211
02:12:48,100 --> 02:12:50,100
own at Memphis. We never went

3212
02:12:50,100 --> 02:12:52,100
outside to get nobody. We

3213
02:12:52,100 --> 02:12:54,100
trained our own at Light,

3214
02:12:54,100 --> 02:12:55,100
Gas, and Water, and now we go

3215
02:12:55,100 --> 02:12:57,100
on to California, They're

3216
02:12:57,100 --> 02:12:59,100
getting people from California

3217
02:12:59,100 --> 02:13:02,601
or Texas or whatever. If CJ

3218
02:13:03,100 --> 02:13:06,100
Davis had fired them, this

3219
02:13:06,100 --> 02:13:08,100
chamber would have been crowded

3220
02:13:08,100 --> 02:13:10,401
every, every, every week.

3221
02:13:11,100 --> 02:13:14,100
Thank you. Thank you, Mr.

3222
02:13:14,100 --> 02:13:15,100
Lewis. I would like

3223
02:13:15,100 --> 02:13:16,100
to encourage you to go to the

3224
02:13:16,100 --> 02:13:19,100
MLGW board member meeting and

3225
02:13:19,100 --> 02:13:21,100
share your sentiments. That

3226
02:13:21,100 --> 02:13:22,100
would be a great place

3227
02:13:22,100 --> 02:13:24,100
to speak to those individuals

3228
02:13:24,100 --> 02:13:27,100
who are making those decisions?

3229
02:13:27,100 --> 02:13:28,100
I have already. Okay, thank

3230
02:13:28,100 --> 02:13:31,100
you. Thank you. Mr. Johnny

3231
02:13:31,100 --> 02:13:33,100
Mosley and then Andrew

3232
02:13:33,100 --> 02:13:35,100
Guthrie. Johnny Mosley, 1150

3233
02:13:36,100 --> 02:13:39,100
Pelican Lane. When you are a

3234
02:13:39,100 --> 02:13:41,100
transit advocate,

3235
02:13:41,100 --> 02:13:43,100
you hear a lot. You even feel

3236
02:13:43,100 --> 02:13:46,100
the pain of bus riders. You

3237
02:13:46,100 --> 02:13:48,100
know what it's like

3238
02:13:48,100 --> 02:13:49,100
to be cursed out and

3239
02:13:49,100 --> 02:13:51,100
to be treated as a nobody. But

3240
02:13:51,100 --> 02:13:52,100
when you've been honored as a

3241
02:13:52,100 --> 02:13:54,100
living legend and recognized

3242
02:13:54,100 --> 02:13:55,100
by leadership organizations

3243
02:13:55,100 --> 02:13:57,100
for your leadership, Alpha

3244
02:13:57,100 --> 02:13:59,100
Phi Alpha fraternity, the

3245
02:13:59,100 --> 02:14:00,100
Deltas, and the state

3246
02:14:00,100 --> 02:14:02,100
legislature, you look back

3247
02:14:02,100 --> 02:14:04,401
with deep gratitude. You

3248
02:14:05,100 --> 02:14:07,100
remember why your late father,

3249
02:14:07,100 --> 02:14:09,100
a 50-year sanitation worker,

3250
02:14:09,100 --> 02:14:10,100
marched for dignity

3251
02:14:10,100 --> 02:14:12,100
in the struggle that brought

3252
02:14:12,100 --> 02:14:13,100
Dr. King to Memphis, Tennessee

3253
02:14:13,100 --> 02:14:15,100
in 1968. I'm grateful

3254
02:14:15,100 --> 02:14:17,100
to stand as a voice

3255
02:14:17,100 --> 02:14:19,100
for bus riders,

3256
02:14:19,100 --> 02:14:20,100
who feel that they are trapped

3257
02:14:20,100 --> 02:14:22,100
in a public transportation

3258
02:14:22,100 --> 02:14:24,100
system that is stripping them

3259
02:14:24,100 --> 02:14:27,100
of their dignity. I understand

3260
02:14:27,100 --> 02:14:28,100
what I just heard from the

3261
02:14:28,100 --> 02:14:30,100
City Council earlier and my

3262
02:14:30,100 --> 02:14:32,100
City Councilmember, Councilman

3263
02:14:32,100 --> 02:14:33,100
Ford, who I have nothing but

3264
02:14:33,100 --> 02:14:35,401
respect. I can only

3265
02:14:37,100 --> 02:14:39,100
respectfully ask that the

3266
02:14:39,100 --> 02:14:41,100
Transportation Committee

3267
02:14:41,100 --> 02:14:43,100
schedule a meeting to address

3268
02:14:43,100 --> 02:14:45,100
the problem facing bus riders.

3269
02:14:45,100 --> 02:14:47,100
The pain that bus riders are

3270
02:14:47,100 --> 02:14:48,100
facing, some

3271
02:14:48,100 --> 02:14:51,100
of the same pain that 1,300

3272
02:14:51,100 --> 02:14:53,100
sanitation workers and their

3273
02:14:53,100 --> 02:14:56,100
family faced in 1968. I can

3274
02:14:56,100 --> 02:14:59,100
only respect the fact and ask

3275
02:14:59,100 --> 02:15:01,100
this City Council to move

3276
02:15:01,100 --> 02:15:04,100
public comments earlier up so

3277
02:15:04,100 --> 02:15:05,100
bus riders be allowed to speak

3278
02:15:05,100 --> 02:15:07,100
for themselves and don't have

3279
02:15:07,100 --> 02:15:08,100
to worry about being stranded

3280
02:15:08,100 --> 02:15:11,100
downtown as I witness their

3281
02:15:11,100 --> 02:15:13,100
suffering. Standing

3282
02:15:13,100 --> 02:15:16,100
in the hot sun, over 100

3283
02:15:16,100 --> 02:15:18,100
degrees today, I'm reminded

3284
02:15:18,100 --> 02:15:20,100
of those dark days when

3285
02:15:20,100 --> 02:15:21,100
Memphis was called a decaying

3286
02:15:21,100 --> 02:15:23,401
backwater river town. If

3287
02:15:25,100 --> 02:15:26,100
Memphis is

3288
02:15:26,100 --> 02:15:28,100
to truly move forward to be

3289
02:15:28,100 --> 02:15:29,100
what someone called the shining

3290
02:15:29,100 --> 02:15:31,100
city on the hill,

3291
02:15:31,100 --> 02:15:33,100
then we all must turn

3292
02:15:33,100 --> 02:15:34,100
to each other rather than

3293
02:15:34,100 --> 02:15:35,100
on each other, regardless

3294
02:15:35,100 --> 02:15:37,100
of our differences,

3295
02:15:37,100 --> 02:15:39,100
of whether or not we agree

3296
02:15:39,100 --> 02:15:42,100
on what's going on today.

3297
02:15:42,100 --> 02:15:45,100
Thank you so much. Mr. Andrew

3298
02:15:45,100 --> 02:15:47,401
Guthrie and then Brianna

3299
02:15:49,100 --> 02:15:52,100
Bird. Good evening. I'm here

3300
02:15:55,100 --> 02:15:57,100
with concerns about the held

3301
02:15:57,100 --> 02:15:59,100
civil service referendum

3302
02:15:59,100 --> 02:16:00,100
ordinance put forward by

3303
02:16:00,100 --> 02:16:01,100
Councilmember Carlisle. I'm

3304
02:16:01,100 --> 02:16:03,100
sure you'll agree we need clear

3305
02:16:03,100 --> 02:16:05,100
communication between

3306
02:16:05,100 --> 02:16:06,100
politicians and the workers

3307
02:16:06,100 --> 02:16:08,100
of Memphis. Frankly, this

3308
02:16:08,100 --> 02:16:10,100
referendum is opaque,

3309
02:16:10,100 --> 02:16:12,100
concerning, and confusing.

3310
02:16:13,100 --> 02:16:14,100
Though I very much hope I'm

3311
02:16:14,100 --> 02:16:15,100
mistaken, it seems the

3312
02:16:15,100 --> 02:16:17,100
referendum would undermine the

3313
02:16:17,100 --> 02:16:18,100
very basis and existence

3314
02:16:18,100 --> 02:16:20,100
of civil service protections

3315
02:16:20,100 --> 02:16:22,100
in Memphis. That would be

3316
02:16:22,100 --> 02:16:24,100
disastrous for our city.

3317
02:16:24,100 --> 02:16:25,100
For months,

3318
02:16:25,100 --> 02:16:27,100
you all have been hearing from

3319
02:16:27,100 --> 02:16:30,100
our library workers how they

3320
02:16:30,100 --> 02:16:32,100
are desperate for basic civil

3321
02:16:32,100 --> 02:16:34,100
service protections. You wisely

3322
02:16:34,100 --> 02:16:36,100
decided to open a path

3323
02:16:36,100 --> 02:16:38,100
for them

3324
02:16:38,100 --> 02:16:40,100
to win those protections. It is

3325
02:16:40,100 --> 02:16:42,100
fortunate that you have more

3326
02:16:42,100 --> 02:16:45,100
time to consider this issue

3327
02:16:45,100 --> 02:16:46,100
because the public workers of

3328
02:16:46,100 --> 02:16:49,100
Memphis need answers. I ask

3329
02:16:49,100 --> 02:16:50,100
you, and I ask you

3330
02:16:50,100 --> 02:16:52,100
to ask yourselves,

3331
02:16:53,100 --> 02:16:55,100
would you want to take away the

3332
02:16:55,100 --> 02:16:57,100
basic autonomy that public

3333
02:16:57,100 --> 02:16:59,100
workers need

3334
02:16:59,100 --> 02:17:02,100
to do their jobs? Would you

3335
02:17:02,100 --> 02:17:04,100
want

3336
02:17:04,100 --> 02:17:06,100
to give politicians more power

3337
02:17:06,100 --> 02:17:08,100
over the working people of

3338
02:17:08,100 --> 02:17:10,401
Memphis? Do you want

3339
02:17:12,100 --> 02:17:14,100
to weaken or do away

3340
02:17:14,100 --> 02:17:16,401
with civil service protections?

3341
02:17:20,100 --> 02:17:22,100
And most importantly, will you

3342
02:17:22,100 --> 02:17:24,401
protect our public servants?

3343
02:17:27,100 --> 02:17:29,100
Thank you in advance

3344
02:17:29,100 --> 02:17:30,100
for trying

3345
02:17:30,100 --> 02:17:32,100
to be more transparent

3346
02:17:32,100 --> 02:17:33,100
with us, and please protect our

3347
02:17:33,100 --> 02:17:35,401
civil servants. Yes, sir.

3348
02:17:36,100 --> 02:17:37,100
Thank you so much

3349
02:17:37,100 --> 02:17:39,100
for coming down. Miss Brianna

3350
02:17:39,100 --> 02:17:41,401
Bird. Hey, Brianna Bird, 720

3351
02:17:45,100 --> 02:17:47,401
Lobe Street. Good afternoon,

3352
02:17:48,100 --> 02:17:50,100
Councilmembers. I'm also here

3353
02:17:50,100 --> 02:17:53,100
because I am concerned and a

3354
02:17:53,100 --> 02:17:55,100
little bit confused

3355
02:17:55,100 --> 02:17:57,100
about item 14 that was pushed

3356
02:17:57,100 --> 02:17:59,100
from this meeting, which I am

3357
02:17:59,100 --> 02:18:00,100
grateful that that was pushed

3358
02:18:00,100 --> 02:18:02,100
from today. I'm afraid that the

3359
02:18:02,100 --> 02:18:04,100
referendum could undermine the

3360
02:18:04,100 --> 02:18:05,100
protections that our government

3361
02:18:05,100 --> 02:18:06,100
workers need to do their jobs

3362
02:18:06,100 --> 02:18:08,100
because the foundation of good

3363
02:18:08,100 --> 02:18:10,100
government is independent and

3364
02:18:10,100 --> 02:18:12,100
nonpartisan civil servants.

3365
02:18:13,100 --> 02:18:15,100
Of course, last year Donald

3366
02:18:15,100 --> 02:18:16,100
Trump and Elon Musk showed how

3367
02:18:16,100 --> 02:18:17,100
dangerous it is when someone

3368
02:18:17,100 --> 02:18:19,100
creates new government entities

3369
02:18:19,100 --> 02:18:20,100
that can undermine civil

3370
02:18:20,100 --> 02:18:22,100
servants. I have to ask, would

3371
02:18:22,100 --> 02:18:23,100
this referendum create

3372
02:18:23,100 --> 02:18:24,100
something similar to Doge

3373
02:18:24,100 --> 02:18:27,601
in our city? I also want

3374
02:18:28,100 --> 02:18:29,100
to know,

3375
02:18:29,100 --> 02:18:30,100
what are the motivations

3376
02:18:30,100 --> 02:18:31,100
behind this referendum? Is

3377
02:18:31,100 --> 02:18:32,100
someone trying to do away with

3378
02:18:32,100 --> 02:18:33,100
civil service protections as

3379
02:18:33,100 --> 02:18:36,100
we've heard in the past? And

3380
02:18:36,100 --> 02:18:37,100
looking at the language

3381
02:18:37,100 --> 02:18:38,100
in the ordinance,

3382
02:18:38,100 --> 02:18:40,100
can you be clear about what

3383
02:18:40,100 --> 02:18:41,100
these uniform administrative

3384
02:18:41,100 --> 02:18:42,100
procedures or systems

3385
02:18:42,100 --> 02:18:44,100
for disposition

3386
02:18:44,100 --> 02:18:47,100
of appeals would be? Would

3387
02:18:47,100 --> 02:18:48,100
City Hall be undermining the

3388
02:18:48,100 --> 02:18:50,100
independence of the Civil

3389
02:18:50,100 --> 02:18:52,100
Service Board? These are just

3390
02:18:52,100 --> 02:18:53,100
some of the questions that

3391
02:18:53,100 --> 02:18:55,100
we've got and would

3392
02:18:55,100 --> 02:18:57,100
like some further clarification

3393
02:18:57,100 --> 02:18:58,100
on because we're a little

3394
02:18:58,100 --> 02:19:00,401
unsure about this. Yeah,

3395
02:19:01,100 --> 02:19:03,100
to close, please protect civil

3396
02:19:03,100 --> 02:19:05,100
service workers. And I

3397
02:19:05,100 --> 02:19:07,401
appreciate your time. Thanks.

3398
02:19:08,100 --> 02:19:09,100
Thank you for coming. We held

3399
02:19:09,100 --> 02:19:10,100
it because we wanted additional

3400
02:19:10,100 --> 02:19:12,401
clarification as well. I

3401
02:19:13,100 --> 02:19:15,100
appreciate that. Thank you.

3402
02:19:15,100 --> 02:19:17,100
Thank you. All right, that was

3403
02:19:17,100 --> 02:19:18,100
our last comment card. I will

3404
02:19:18,100 --> 02:19:20,100
entertain a motion

3405
02:19:20,100 --> 02:19:22,100
to adjourn. It has been moved

3406
02:19:22,100 --> 02:19:23,100
by Councilman Ford Canale. Can

3407
02:19:23,100 --> 02:19:26,100
I get a second? All right,

3408
02:19:26,100 --> 02:19:27,100
I got a second by

3409
02:19:27,100 --> 02:19:29,100
Councilwoman Green. Meeting

3410
02:19:29,100 --> 02:19:30,100
adjourned. Everyone have a safe

3411
02:19:30,100 --> 02:19:32,401
evening. Thank you, fabulous

3412
02:19:33,100 --> 02:19:35,100
staff.