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No ‘Oil in the Soil’: Byhalia Pipeline Project Gets Lengthy Council Review

Protect Our Aquifer

The proposed route of the Byhalia Connection Pipeline.

A Memphis City Council committee will reconvene in two weeks to reconsider a resolution to oppose the proposed Byhalia Connection Pipeline that would run through southwest Memphis.

A joint venture with two companies — Valero and Plains All American Pipeline — began surveying here last year for a project to build a 49-mile pipeline from Memphis to Marshall County, Mississippi for a new pipeline that would connect to other crude-oil pipelines in the area. Plains All American spokeswoman Katie Martin told council members here Tuesday the company hopes to begin construction of the pipeline within a few months and then wrap up the construction within nine months.

A resolution opposing the plan from council members Dr. Jeff Warren and Edmund Ford got a lengthy hearing Tuesday of more than one hour. In the end, council members voted to hold the item for two weeks to allow for more testimony and more time to gather facts.

The resolution specifically asks Memphis Light, Gas & Water (MLGW) to refuse an easement across any of its property for the project. While MLGW officials said the utility only owns a small portion of the land on the pipeline route, Warren asked that they deny the company rights to it.

Warren and Ford oppose the pipeline as it would sit above the Memphis Sand Aquifer, the source of the city’s famously pure drinking water, and the Davis Wellhead, where some of that water is drawn. The pipeline would also run through Ford’s mostly Black district.

The resolution says African Americans were and are 75 percent more likely to reside near “toxic” oil and gas infrastructure. It points to data from the Journal of the National Cancer Institute that living within 30 miles of this infrastructure increases the risk of developing cancers including lymphoma, lung cancer, breast cancer, colon cancer, and prostate cancer. Susceptibility to these diseases increase with age, according to the resolution. More than 35 percent of Memphians living in that proximity to the proposed pipeline are 50 years old and above, the resolution says.
[pullquote-1-center] “I do not want to be Flint, Michigan,” Ford said. “Flint, Michigan, was Black people and my district is Black people and that ain’t going to happen.”

Martin, the Plains All American spokeswoman, claimed the company’s pipelines are safe, protected by the “latest and greatest technology,” including constant pressure monitoring and weekly inspection flyovers.

Martin said the economic impact of the pipeline could be as high as $3 million. The company has already given $1 million to local charities. Also, she said 94 percent of landowners on the pipeline route have agreed to sell the company easements across their land. Though, she admitted some land would likely have to be acquired through eminent domain, or taken by the government or by a purchase forced by the government for the public benefit.

In the resolution, Ford and Warren say the pipeline “fails to confer some benefit or advantage to the public” in Memphis and Shelby County. For this, they said arguments for eminent domain are “spurious.”

Protect Our Aquifer, a Memphis group seeking protection of the Memphis Sand Aquifer, asked its members to lobby their city council representatives to join the resolution and oppose the pipeline.

“This is what environmental injustice looks like,” reads a Monday email from Protect Our Aquifer. “They are asking a poor African American neighborhood — once again — to bear the burden of invasive construction, the potential of pollution, reduced property values, and quality of life to help a Texas corporation make billions of dollars.”

“There is no community benefit for this pipeline. Only risk to our drinking water. The crude oil in this high-pressure pipeline is headed for the Gulf of Mexico for export.”
[pullquote-2-center] The sentiment was echoed in a fiery speech Tuesday from Justin Pearson, who leads a group called Memphis Community Against Pipeline. He said the route was picked because those along it were majority Black, a process of “racist capitalism” through the “path of least resistance.”

“This is the community speaking back,” Pearson said of his testimony during Tuesday’s hearing. “The community is saying we don’t want oil in the soil. These people are being picked up by a billion-dollar corporation because they are the path of least resistance.”
[pullquote-3-center] Scott Crosby, an attorney with the Memphis law firm Burch, Porter & Johnson, told council members he is now representing private landowners along the pipeline route in the Boxtown area. He said some there refused to sell their land and were sued in condemnation proceedings. Others, he said, agreed to Byhalia’s terms because they thought they had no recourse. Several cases related to pipeline land acquisition there have been rolled into one, Crosby said, and hearings are set to begin on the matter next week.

“What we are asking council to do is to support this resolution and step in for individual landowners,” Crosby said, “and say to Byhalia Connection, ‘Memphis doesn’t want this pipeline.’”

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‘Protest to Progress’ Plan Hoped to Align Activist and Business Goals

Brandon Dill

Protesters and police officers face off during the 2016 Hernando de Soto Bridge protest

A new plan from the Greater Memphis Chamber aims to align community goals from activists with business goals of local business leaders to move from “Protest to Progress.”

The plan was presented to the Memphis City Council’s Economic Development, Technology and Tourism Committee Tuesday, February 2nd. The overarching goal for the plan is for a more positive Black economic impact in Memphis.

Greater Memphis Chamber

Memphis activists, clergy members, and business leaders were convened 10 days after the city’s first protest of the public killing of George Floyd in Minneapolis last summer. Chamber president and CEO Beverly Robertson told council members the original meeting gathered about 50 people and was a “powerful listening session” and that “this has never been done before.”
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Robertson

Activists included in the discussions included members of Black Lives Matter, the Coalition of Concerned Citizens, Memphis Interfaith Coalition for Action and Hope (MICAH), and more. It included various clergy members from across Memphis and representatives from businesses like FedEx, Triumph Bank, November 6 Investments, and more.

“It’s important to hear the voices of activists because they are rarely heard in situations and circumstances where there can be mutual respect,” Robertson said. “I also realized that because we are charged with economic development, it is hard to attract new investment and higher-wage jobs to drive growth in cities that are rebuilding from riots and burning.

“It took us 10 years to fully recover form the past downturn of 2008. How long would it takes us to rebuild from something like burning, and looting, and breaking windows.”

Greater Memphis Chamber

Members of the business community were quiet during the first meeting, Robertson said. But they and clergy members spoke at the second. At the third meeting of the groups, they began identifying specific issues and building frameworks for solutions. The groups focused on neighborhood investment, increased spending with minority businesses, transportation, Black entrepreneurship, living wage considerations, and Black representation on corporate and community boards.

Each of these topics were tackled by working groups. Those groups then devised strategies for improvement on each. For example, a new document from banks could show where money is being invested in Memphis, a benchmark that could show where further investment is needed. Lobbying for more funding for the Memphis Area Transit Authority (MATA) could help ease access to better-paying jobs. A Black business incubator could help Black business start-ups access capital they need to get off the ground.

Survey results from the Chamber showed a striking imbalance for Black representation on the boards for local companies. More than 82 percent of those surveyed said they now had no minority representatives on their boards. Of those companies, more than 84 percent said there were no existing barriers to consider more minority candidates.

Activists said they wanted a minimum wage standard of at least $15 per hour. A Chamber survey that included 33 companies said 64 percent of them were already paying that minimum wage. Robertson explained that many factors — like job type, benefits structure, and job geography — determine minimum wage standards and they are different across industries.

Robertson said many businesses and agencies across Memphis have committed to paying a $15-per-hour minimum wage, including FedEx, the University of Memphis, Baptist Memorial Health Care Corp., and Methodist Le Bonheur Healthcare.

Greater Memphis Chamber

The minimum wage in Memphis remains at $7.25 per hour. Data presented by the Chamber, though, showed that a living wage in Memphis for one adult with one child is $22.81; the poverty wage for that person is $8.13 per hour, just slightly above the minimum.

This drew the ire of council member Martavius Jones, who has recently been calling for reforms of tax incentives to job-creating companies in Memphis and Shelby County. He pointed council members to data that showed the living wage for one adult with two children was $26.66 per hour.

“We are incentivizing poverty … poverty rates when we are talking about wages that are barely above poverty rates when we’re … providing incentives for businesses [that provide jobs that pay] $12 and $15 per hour,” Jones said.

Greater Memphis Chamber

Council member Chase Carlisle, whose family has won more than $65 million in tax breaks to develop the ongoing One Beale project Downtown, warned against mandating higher-paying jobs from companies when they seek tax breaks. He said to get jobs that pay more than $15 per hour from companies, “it will take more incentives for them, not less” and asking for more would be to “tell those businesses, ‘thanks but no thanks’ and risk it.”

Robertson told council members that the Protest to Progress plan is being implemented now.

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Council Wants Review of City Employees at Capitol Attack

Tyler Merbler | Wikimedia | Creative Commons

United States Capitol, 2021


The Memphis City Council members want to know if any of the city’s public safety employees were present at the attack on the U.S. Capitol on January 6th.

A resolution on the council’s Tuesday agenda will request the Memphis Police Department (MPD) to “investigate whether any city of Memphis public safety employees participated in the U.S. Capitol riot in Washington, D.C.”

Council members then want Memphis Mayor Jim Strickland’s administration to “develop and present a plan to the council” revealing those employees and creating a “process to ensure former city of Memphis public safety employees re-hiring status reflects participation in [the] U.S. Capitol riots.”

City of Memphis

The resolution is sponsored by council members Michalyn Easter-Thomas, Martavius Jones, J B Smiley Jr., and Dr. Jeff Warren.

The resolution comes as “several sworn police officers from departments across the nation now face federal criminal charges as a result of their participation in the insurrection,” it reads. That becomes important, it says, to further “address concerns about the need for increased oversight and accountability within public-safety-based departments, especially in light of 2020’s international call for reform within the criminal justice system.”

While the council members say the council “supports the lawful expression of free speech, as well as the right to peacefully assemble, and is committed to upholding the tenets of democracy” that the “acts of violence and insurrection … do not align with the principles or
freedoms upon which our nation is based” and that the council condemns the actions of the rioters.

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Dead Or Alive? Committee Weighs Renaming Streets, Monuments


A Memphis City Council committee meeting Thursday was filled with banter about how streets and/or monuments in Memphis should be renamed.

The discussion was sparked by a decision to rename Memphis’ Confederate parks in 2017. Earlier this year the city approved renaming a portion of Poplar Avenue to Black Lives Matter Avenue. And let’s not forget the attempt to change Main Street to Mane Street!

This stretch of Poplar Avenue was renamed Black Lives Matter Avenue earlier this year.

This week, the council committee debated whether or not the renaming should include inspiring citizens who are alive. Currently the policy is that no statue or street can be named in honor of a citizen unless they are deceased. 

One committee member, Joshua Whitehead, pointed out that “E.H. Crump Boulevard, Elvis Presley Boulevard, and Danny Thomas Boulevard are all streets that have been named while the recipient was living. Changing the policy now would go against an already established precedent,” he said. But in 2018, the Shelby County Criminal Justice Complex (known informally by its address at 201 Poplar) was renamed for longtime (and still-living) county commissioner Walter Bailey Jr. 

Nonetheless, there was pushback. A caller, Randall Tatum, cautioned the council on naming figures who are alive because there could be potential risk in that person having negative happenings during the duration of their life. This is true of former Memphis Mayor E. H. Crump, who was said to have run the city like a “big city boss with ballot manipulation, patronage to friend and loads of red tape to throw off his opponents.” Elvis was an international super star when he was named sooo … there’s that.

All in all, it was hard to tell if the council committee was emphatically for or against this measure. Members noted that regardless of their final decision, each neighborhood can uphold a member of their community that they admire. The argument of cultural heritage was discussed in earnest. For now, the council is still deliberating on the parameters of whether this statute will stand, as well as who will head up various sub-committees that will tackle renaming the commission.

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WATCH: Council Member Edmund Ford Sr. Insults Martavious Jones, Gets Mic Cut Off

WATCH: Council Member Edmund Ford Sr. Insults Martavious Jones, Gets Mic Cut Off

Tuesday’s Memphis City Council meeting ended in a vulgar display of anger as one council member called another nasty names, his words are now part of an official city ethics probe.

Council member Edmund Ford Sr. said council member Martavius Jones had “butthole problems” and was a “short-ass man” in a tirade that ended only when council chairwoman Patrice Robinson muted the mics of nearly all council members.

The insults came directly after the election of Frank Colvett Jr. as new council chairman, whom Ford had nominated. Jones was nominated, too. During remarks before the vote, Jones referenced a similar situation on a previous council election that involved Edmund Ford Jr., the son of Edmund Ford Sr.

After a brief speech from Colvett, Ford requested permission to speak from Robinson. She granted it and Ford laid into Jones.

“Councilman Jones, you shouldn’t have went there,” he began. “Don’t ever go there again with me and my family, my son, or anybody else. You did it once. You did it once before. Do not go there anymore. You keep your comments to yourself. Because you don’t want me to come out there and talk about …”
[pullquote-1-center] The rest of the words become indecipherable as Jones began to retort and the audio becomes garbled. To be heard over the noise, Ford leaned directly into his computer’s camera and yelled, “because you got butthole problems, don’t you?” Ford’s mic is muted. Though, he can be seen mouthing angrily on camera.

Many other council members were clearly uncomfortable at the words. Sign language interpreter Brenda Cash’s (bottom row in between Ford and J Ford Canale) expression was one of disbelief.

Robinson then asked staff members to mute all mics except for those acknowledged by her. Ford continued to mouth angrily and somehow manages to un-mute his mic.
[pullquote-2-center] “My mic is off but he’s a little short-ass man,” Ford said, before being muted for the last time.

The exchange was less than a minute long, but it drew a formal ethics probe from council member J.B. Smiley, who has also requested a rule change to not allow council members to insult one another.

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Memphis City Council: Smiley Requests Ethics Review of Ford After Tense Meeting

City of Memphis

Smiley

A Memphis City Council member has filed an ethics complaint against another council member for behavior displayed during Tuesday’s council meeting.

Council member J.B. Smiley filed the complaint against Edmund Ford Sr. for his behavior toward a member of Mayor Jim Strickland’s administration and for “using profanity and personal insults” toward another council member.

During Tuesday’s meeting, Ford had harsh words for Robert Knecht, the city’s public works director, over contracts to cut grass in cemeteries. Ford also squabbled with council member Martavius Jones in a tense debate over that day’s election of Frank Colvett Jr. as the council’s new chairman.

Smiley asked current council chairwoman Patrice Robinson to convene a three-person ethics committee to review the matter.
City of Memphis

Ford

Smiley also wants an amendment to ban council members from making “personal, impertinent, slanderous, or profane remarks to any member of the council, administration, staff, or public during a council meeting.”

”… there are certain behaviors that we cannot and should not allow to continue,” Smiley wrote in his letter Wednesday. “I have witnessed a pattern of verbally abusive behavior toward the administration and our very own colleagues. Enough is enough. I am asking you and the rest of this body to put an end to this blatant disrespect and dishonor for individuals and the offices we hold.”

For his amendment, Smiley explains that the Memphis public is now held to a level of decorum not required of council members. Members of the public cannot take the floor of any council meetings and “make personal, impertinent, slanderous, or profane remarks to any member of the council, staff, or general public.” This kind of talk and disorderly conduct can get members of the public removed from the council chamber and committee room.

”Let this be the last time it can ever be said that the Memphis City Council does not hold itself to a higher standard than we hold the constituents we serve,” Smiley said.

See the letter and amendment here:

[pdf-1] [pdf-2]

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Memphis City Council Preview: Reduced Speed Limit, Rust Hall, and Water Bottles

City leaders hope to reduce the city’s default speed limit from 30 miles an hour to 25 miles per hour. The proposal will be in front of Memphis City Council members when they meet Tuesday.

The proposal is from Manny Belen, the city’s director of engineering, and reached council review through Memphis Mayor Jim Strickland’s office.

The current, 30-mile-an-hour default speed limit applies to all roadways where a speed limit has not been formally established through an engineering study, reads the proposal.

“The majority of roadways governed by this default speed limit typically include residential/neighborhood roadways and roadways in the Downtown area where there is a higher percentage of pedestrians, bike riders, and other vulnerable users,” reads the document.

For this, the engineering division recommended lowering the default speed limit to 25 miles per hour. However, the same office can designate certain streets or sections of street as “speed zones” in which higher speeds would be allowed.

Metal Museum to Rust Hall

Council members will also review a 100-year lease to the Metal Museum for Rust Hall in Overton Park.

Council documents say Metal Museum leaders have raised $12 million to renovate the building. In total, the museum hopes to raise $35 million for the project, a total that includes $13 million for an endowment to fund the long-term maintenance of the building.

“The Metal Museum’s goal is to renovate Rust Hall into a public museum, preserving the mid-century building designed by acclaimed Memphis architect Roy Hanover and increasing the number of people who are able to explore and experience the iconic building each year,” read the documents. “With expanded space for its programs in an accessible and visible location, the museum anticipates serving approximately 80,000 visitors per year from all areas of Shelby County and from across the globe.”

Under the agreement, the Metal Museum would have two years to complete the renovation and occupy the building. If it can’t, the property reverts back to the city of Memphis.

Cemetery Clean-Up
Council members will consider a move to spend $15,000 to clean up some area cemeteries. The effort is joined by the Shelby County Commissioners, which will share the cost of the project.

The proposal claims city and county officials “have each received numerous complaints about blighted cemetery properties on Rose Hill Road, Hernando Road, Mitchell Road, Elliston Road, and East Parkway.

No More Bottles

Cuyahoga Recycles/Facebook

A proposal would prohibit the city from buying or selling single-use bottled water. Council member Dr. Jeff Warren sponsored the proposal.

In his proposal, Warren notes that fossil fuels are an integral component in the production of plastic bottles. Burning fossil fuels, he said, is “the primary cause of climate change, is toxic to Memphis and the planet” and that “ending our reliance on them is an existential necessity.” Also, the bottles “that are discarded on Memphis streets wash into our storm drainage system causing flooding in our streets and [they] pollute our water.”

Instead, Warren suggests Memphians drink the city’s “sweet water,” which ”is readily available for citizens and visitors to enjoy.“

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The “Tower Project” Would Bring New High Rise to the Pinch

The Tower Project Group

A new, 30-to-45 story tower is proposed for the Pinch District in an $180 million project that would re-shape the city’s skyline.

Memphis City Council members are set to hear a proposal from The Tower Group Project on Tuesday. The group’s new project, called “The Tower Project,” is a thin, glass, high-rise building to be built on vacant property in the Pinch.

The property for the project is now owned by the city. The group will ask the council’s approval to buy it and get other approvals necessary to develop it.

The Tower would feature about 85 independently owned condominiums, a “chic style” hotel called The Beckford, 20,000 square feet of ground-floor commercial space, a rooftop lounge, “high tech sky conference rooms, a state-of-the-art, interior tourist lobby/plaza, and all of that would be centered on a subterranean interior parking structure.” 

“The Tower Project will invigorate the Pinch District and remain within the city’s current
planning dynamics,” reads a letter to the council from The Tower Group Project. “We will also provide additional housing diversity that complements the eclectic make-up of the area.


The project will create both construction and longterm employment opportunities. This development will also encourage use of multimodal transportation options and activate the streetscape and river side area.”

The Tower Project Group

The structure will be engineered and designed by the HOK architectural firm, with that group’s Miami office serving as the lead. The project’s lead architect will be Kennieth Richardson, a native Memphian who now lives in Miami. The group’s letter says Richardson has “previously designed, coordinated, and built 40 percent of the modern towers in Downtown Miami.”

The Tower Project Group

The Beckford Hotel will face Main Street, and will consist of seven to 10 floors of The Tower Project. A quick Google did not yield any results for other Beckford Hotel-branded properties. The letter says, “the Beckford Hotel is our luxury hotel brand for the Tower High Rise building project.” It was not immediately clear if the Beckford brand is new for The Tower Project but the proposal letter describes it a a new, luxury five-star hotel.”

”Residents and visitors alike will be drawn to the project by the glass tower anchoring the city and river view as well as the skyline of the tower,” reads the letter. “Locals and tourists will be encouraged to explore the commercial and public spaces by the unobstructed glazed building and architectural accent lighting.

The Tower Project Group

“Entry to the hotel facility along N. Main St. will be harmonious but yet strikingly distinguishable from the commercial and condominium entries.”

The project is slated to create 300 construction jobs. The hotel will bring 55 full-time employees. Overall, the project would create 65-125 “total living wage jobs with annual incomes ranging from $35,000-$180,000,” according to the proposal.

If the team can get the land and approvals, construction would begin on or before October 2021. The project would take 30 months to complete.

The proposal is slated to be heard during the council’s executive session at the end of Tuesday’s committee hearings.

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Dark Times: The City and MLGW Struggle to Keep the Lights On

Confusion reigned on Summer Avenue.

The August heat shimmered off the asphalt in Binghampton where cars were lined up nine-deep in the westbound lane. The cars tailed a line snaking around Memphis Light, Gas & Water’s (MLGW) community office next door to a Dixie Queen. Dozens milled around on foot outside the office with paper bills and cell phones in hand, tempers showing behind furrowed brows. 

Their power had gone off at home and they all hoped to talk to someone with MLGW to get it back, but their cell phones only gave them busy signals when they called the help line. The online payment page was jammed. When those in their cars reached a payment window on the west side of the office, they found no one, only blacked-out panes with signs reading “this is not a drive-thru window. Please use drop box>>>>.” Whatever that meant.

Kirill Shalmanov | Dreamstime.com

No one from MLGW was on site to aid people with bills, questions, and payments. It was 4:50 p.m. on Monday, August 24th, and the posted hours said the office was supposed to be open until 5 p.m. Only official-looking security guards were there to keep the traffic moving, to tell people to keep calling the number, and to receive the business end of tense frustrations.

“Mane, this is fucking bullshit, y’all!” one man yelled to the crowd gathered outside the office. “This is some fucked-up bullshit!”   

Temperatures hit 91 degrees on the day Memphis’ hometown utility decided to cut the power from 9,169 customers because they had not paid their bills. They cut their power even though it was in the heat of the summer and Memphis and the world were in the grip of a global pandemic. Dark times suddenly got even darker.

“Listen here,” said a man waiting in that MLGW payment line with his wife. He held his cell phone, bleating a busy signal, out the window. He wondered aloud if the MLGW number had been disconnected and if its website was down. The man said he works nights and was home in bed when the power went out. He only knew about it when his phone buzzed an alert from his alarm company. While he was planning to go to work that day, his wife would be left home in the heat with five dogs. She said she had no idea what she was going to do.

“I heard they weren’t supposed to be turning the power off,” the man said. “I’ve been keeping in contact [with MLGW], trying to keep my bill paid, but, y’know. Guess I’m just gonna wait in line and see if anybody can tell me something.”

MLGW suspended cutoffs on March 13th. It was part of the utility’s Pandemic Plan that also included a “no handshake” policy for employees and a suspension of business travel.

“Our customers are struggling at this time with a lot of uncertainty,” MLGW president and CEO J.T. Young said that day at a news conference. “We have made a decision for the time being that, until further notice, we will suspend disconnects for non-payment for water, gas, and electric services.”

On April 3rd, MLGW waived late fees on any bills issued that day until further notice. As of last week, MLGW had waived $7 million in late fees.

New virus case counts lowered and held in late May and early June. Memphis came out of the Safer at Home lockdown and entered Phase I of the Back to Business Plan, then Phase II. As the economy began to re-emerge, so, too, did MLGW.

Young told MLGW board members on June 17th that he and his team were preparing to restart disconnections. He said he wanted to give customers time to work on payments and that “we don’t want our customers to get into too deep of a hole of debt.” He promised he’d make an announcement on the decision “fairly soon.” It came two days later.   

“As our community begins to reopen, MLGW must now resume our normal policies, as many utilities across the country have done,” read a statement from the utility on June 19th. “Customer disconnects will resume Monday, August 3rd.”

If MLGW had pulled the plug on every residential customer eligible for a cutoff on June 30th, 10 percent of the homes it served would have gone dark. By that time, MLGW was owed $30 million in past-due bills. In a normal year, it would have been owed around $14 million.

At a June 30th board meeting, Jim West, MLGW vice president and chief customer officer, rolled out a number of programs to help customers pay their bills and keep their lights on. A deferred billing plan would spread a customer’s past due amount over 12 months. The clock was reset for those already on a payment plan. Down payments for extended payment plans for residential customers with hardships were lowered from 25 percent to 15 percent. Deposits for reconnections would be spread over five months. “In the end, we’re trying to do everything we can to help our customers avoid disconnections,” West said at the time. 

But before that initial August 3rd cutoff date, MLGW halted cutoffs again on July 30th — until August 24th.

“Many of our customers are facing major financial challenges during this pandemic and, while we must still run the business, we want to give our customers additional time to make payment arrangements and seek bill payment assistance if needed,” Young said in a statement at the time.

However, as promised, Monday, August 24th came, and on that 91-degree Monday, MLGW cut power to 9,169 customers. About 30,000 customers were behind on their bills. About 15,000 were eligible for a cutoff.

“My daughter called me and said the utilities were off,” said a man sitting in the MLGW payment line on Summer two weeks ago. “I looked at the amount, and it was $650. I thought, well, I’ll shoot over there and see what’s going on. This is the only place you can pay in person. I don’t think this is right, turning off people’s power right now. Clearly, they should reconsider this and think about pushing this back out another month or two, or maybe the beginning of the year.”

The Memphis poverty rate in 2018 was 27.8 percent, according to the latest Memphis Poverty Fact Sheet produced by researchers at the University of Memphis. The figure was climbing in 2019. The city usually finds its way to or near the top of lists of America’s poorest cities.

The Memphis-area unemployment rate more than tripled from 3.8 percent in March to 12.8 percent in April, according to the United States Bureau of Labor Statistics. The figure eased a bit (10.7 percent in May and 11.9 percent in June) but spiked to 13 percent last month. (State data puts the Memphis-only rate at 16.9 percent). That meant 82,000 Memphis-area workers were without a job last month. A year earlier, in July 2019, the Memphis unemployment rate was 5.1 percent and was 4.6 percent for Shelby County.

To some, MLGW’s cutoffs added a burden to a vulnerable and already burdened segment of society. Critics have abounded — before, during, and after the disconnections began. To cut utilities here and at a time like this shows “callousness,” says Elena Delavega. She’s with the U of M’s School of Social Work and co-author of the Memphis Poverty Fact Sheet.

“This utility is supposed to be a part of the community, part of the fabric of the community,” Delavega says. “Cutting [people’s utilities] is saying money is more important than people, and we don’t care about people. We don’t care about the community. It doesn’t matter that we have an emergency situation.”

Impoverished people in Memphis often have to make hard choices — between paying rent, paying utilities, or buying food, Delavega says. If they don’t pay rent, she adds, they may end up on the street. If they don’t eat, they may die. Without electricity, “you can still breathe, you can still be alive.”

Making matters worse, many impoverished people rent, rather than own their apartments or homes. They have little control over needed repairs of their homes — like leaky faucets or unsealed gaps that allow the weather to get in and heating and cooling to escape — which impacts their utility bills in ways they can’t change. 

Four days after disconnections began, Shirelle Brown activated her nonprofit network, The Independent Parent, with an email blast. She urged people to write MLGW’s Young, Memphis Mayor Jim Strickland, Shelby County Mayor Lee Harris, Shelby County commissioners, and Memphis City Council members to urge them to extend the moratorium on disconnections.

A former grant coordinator for the Shelby County Commission, upon retirement, Brown went full-time to leading her single-parent advocacy group.

“A lady reached out to one of my board members to say that her and her children had to sleep in their car because it was too hot to be in the house and they needed to charge their phones,” Brown said. “This just broke my heart to pieces because these people are really struggling.”

Last week, the MLGW board met — virtually, of course. Though members of the public could not speak directly to the board (due to limits of the video conference software), two Memphians submitted statements that were read aloud by West.

“Why is MLGW disconnecting power from customers in the middle of the summer, in the middle of a pandemic, and when so many families are going through virtual learning?” asked Lindsey Hammond. “Are students supposed to log in without power, internet, water, or air conditioning? Poor students will fall behind. This is egregious.”

MLGW worked closely with Shelby County Schools for weeks, in the run-up to the beginning of the unprecedented start of this unprecedented school year. While it did not publicize the move, MLGW suspended all disconnections the Friday before school was to start, the Monday school began, and the following Tuesday. The suspensions lasted for another two weeks, but more on that later.

Alice Miller, another public speaker at MLGW’s meeting last week, noted that “even Nashville Electric Service” has suspended cutoffs. “How can we justify doing it here, even in a poorer city, where we are not seeing the economy recovering, much less [seeing] substantial improvements in fighting COVID?” Miller asked.

Gale Carson Jones, MLGW’s vice president of community and external affairs, said MLGW worked its way carefully through the last five and a half months (after the time payments were suspended) by carefully monitoring cash receipts and disbursements. The $30.2 million cited by the utility ($22.5 million as of late last week) was money owed for services provided.   

“MLGW cannot provide free services,” Carson Jones said in an email to the Flyer. “To the extent that MLGW cannot collect outstanding balances, this creates upward rate pressure on all customers. MLGW has a financial responsibility to try to collect all that is owed.”

As for critics of the move to resume disconnections, Carson Jones said the utility spent months notifying customers of available assistance in the community. MLGW spread the word in news stories, social media posts, a mail campaign that put the word on utility assistance to every single address MLGW serves. Carson Jones also pointed to the myriad programs MLGW established to help its customers get back on track, like the extended payment plans with reduced up-front costs for those with COVID-19 hardships.

There is some help for Memphians facing hardships brought on by unpaid bills. Many agencies have funds they can give directly to those behind on their MLGW payments.

Perhaps the largest hub for these funds is the Metropolitan Inter-Faith Association (MIFA). Sally Heinz, MIFA’s executive director, says her group has helped 1,200 households since mid-March. This year, MIFA is already helping “record numbers” of people.

MIFA received $3.5 million from the Memphis City Council for the local COVID-19 response through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Those in need can get some of the money for rent and mortgage assistance and can also find emergency shelter, if needed.

Heinz said $1.5 million of those funds are earmarked specifically for utility assistance. Customers can get $200 and have to prove they have a need related to COVID-19. Word has gotten out about the funds and money is rapidly being dispersed. On one day, two weeks ago, MIFA received over 300 applications for utility assistance, Heinz says.

“We’re grateful these resources are coming into our community and, hopefully, everyone can be a little patient with us as we try to respond to all of this,” Heinz says. “It’s what MIFA has been doing for 50 years and we’re happy to continue to do it for our folks here.”

The Shelby County Division of Community Services gets about $10 million each year from the state for utility assistance. MLGW and the Tennessee Valley Authority also teamed up to donate $400,000 for COVID-19 response here, with $150,000 earmarked for MIFA.

The city gave MIFA $700,000 from the general fund for utility assistance. And there’s about $60,000 left from MLGW’s Save the Pennies program. The Shelby County government gave MIFA $1.5 million for utility assistance. All together, total funds available for utility assistance were around $3.9 million as of last week.   

Last Tuesday, the Memphis City Council began mapping all of these agencies and their funds. The council was discussing a proposal from council member Martavius Jones that would, eventually, offer MIFA another $5.7 million for its utility assistance fund for a total of $8.2 million from the council. 

The council began utility assistance discussions back in May, as they chopped up a portion of the $113 million the city received in federal CARES Act funds. That work was, perhaps, easier, as the federal money sort of fell out of the sky and the council only had to funnel it to the right spots in the community.

But Jones’ proposal was met with resistance — and was ultimately tabled for two weeks — because, while the money would ultimately come from CARES funding, it would have to tap the budgets of the Memphis Zoo, Memphis Police Department, and Memphis Division of Fire Services to get there.

Jones suggested the $5.7 million could come from CARES Act money destined for the zoo. To fill that budget gap, he proposed removing $5.7 million from the budgets of the police and fire departments, arguing the total funds equaled only 1.2 percent of their entire budgets.

“First thing I want to say is this is not an attempt to defund the police; it is not,” Jones said. “This is a way to help people who have gone through difficult times here.”

While Jones was drafting his resolution, Mayor Strickland’s office was already sending the $5.7 million to the zoo. Jones called the timing of that move “offensive.” Doug McGowen, the city’s chief operating officer (COO), said the mayor’s office had been trying to get the CARES money out the door into the community as quickly as it could. The scheduling of the zoo payment was not an intentional dodge, he said. It happened when the correct paperwork was in order.

Council member Chase Carlisle said with so much money already available for utility assistance, “we may be getting ahead of ourselves by allocating additional resources,” especially if those resources come at the expense of public safety. “It is imprudent to start arbitrarily cutting the city budget, specifically our public safety budget,” Carlisle said. “Keeping the lights on is a matter of public safety, no question about it.

“I do not support defunding the police. We can say it’s not defunding the police. It’s divesting, it’s cutting, it’s re-appropriating. At the end of the day, we’re moving funds from public safety to somewhere else. As far as I’m concerned, that’s defunding [the police] and I don’t support that.”

Even though he said he hasn’t been to the zoo in years, council member Edmund Ford Sr. said if anyone wants to take money from it, “I have an issue with that.” He also had an issue about exactly who would get help paying their MLGW bills and wanted names, addresses, and a report on which ZIP codes were getting what kind of help. He had issues with people not going to work because they were getting financial help from the government and not paying their bills.

Ford said to fellow council member Jeff Warren: “You said people were going to get ‘put out.’ Of course they’re going to get put out because they didn’t want to pay but they were getting this money. What did they do with it? Nike got rich, and I got issues with that. The wig place got rich. We’re trying to help somebody who took this money and … didn’t pay a bill at all, and I got an issue with that.”

As the council debated Jones’ zoo/public safety proposal, they struggled to find a more complete picture of all of the funds available for utility assistance. Ford asked if MLGW would consider a two-week moratorium on utility disconnections “until we can get this situated.” Then, the committee voted to table Jones’ bill for two weeks. Within minutes of Ford’s request, MLGW CEO Young joined the meeting with a surprise announcement.

“We will extend our moratorium until September 14th and allow our customers to explore their options,” Young said to the council members. “We would love to work with the council and make sure we can accommodate the needs. So a two-week extension is something we’re committed to doing.”

And just like that, the power was back on, at least until Monday. Stay tuned.

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MLGW Suspends Utility Cutoffs for Two Weeks

Memphis Light, Gas & Water (MLGW) will suspend utility cutoffs to customers for two weeks upon a Memphis City Council request Tuesday morning.

MLGW suspended all cutoffs in March as COVID-19 began to disrupt the Shelby County economy. It began cutting utilities to customers behind on their payments on Monday, August 24th.

The utility said it was owed around $32 million from customers who hadn’t paid since March. On an average year, the amount from delinquent customers is around $15 million, MLGW officials said Tuesday.

Since cutoffs began last week, customers have made about $7.6 million in payments, lowering the delinquent balance to about $22.5 million, said Jim West, vice president of customer relations for MLGW.

On Tuesday, the council debated a proposal from council member Martavius Jones that would have sent $5.7 million in CARES Act funding for the Memphis Zoo to a different fund to help those whose utilities had been cut. Jones proposed that Memphis Mayor Jim Strickland’s office could cut the city’s police and fire budgets by $5.7 million (or 1.2 percent of their total combined budgets) to pay the zoo.

This discussion delved into all of the many different sources from which needful customers could get help to pay their bill and keep the lights on. Millions of dollars are available through different funds, though none of them are enough to wipe out the entire $22 million backlog.

While the council mapped these disparate funding sources, council member Edmund Ford Sr. asked that MLGW hold off on future cutoffs until the council could study the issue and, possibly, bring a measure to help in two weeks. The ask was not immediately approved by MLGW officials on the call. But MLGW president and CEO J.T. Young joined the discussion after Ford’s ask and said they would pause cutoffs until September 14th.

MLGW suspended cutoffs Monday and Tuesday as Shelby County Schools students resume classes online.