(upbeat music) - [Narrator] You're watching highlights of the Chattanooga City Council meeting.

A production of WTCI PBS.

(upbeat music) - Good afternoon everyone.

Welcome to our Tuesday, April 26th City Council agenda session.

Madam clerk, ordinances on first reading, item six A please.

- [Gwyn] An ordinance re appropriate, re proportioning and redistricting the nine districts for the city council.

- Madam vice chair, Dotley.

- [Dotley] Move approval.

- Second.

- I do have a motion and a second to the motion.

Questions, comments?

Seeing none all those in favor say, aye.

(unison) Aye.

- Opposed?

(indistinct) - [Woman] Deposed, yeah, one opposed.

- I have, hold one second.

Councilman Hester, do I see your light?

- Okay, there's a question that there a lot of folks out there concerned, did we have adequate amount of time?

Did we investigate this thoroughly?

And it's just folks are concerned about this redistricting.

And how it's gonna impact their lives for the next few years.

So it doesn't go in effect until three years from now.

So I ask my colleague, did we give them adequate amount of time?

Did we do what was necessary in order to inform the public of of this process, Madam Chair?

- [Leford] Councilman, is that a question directly?

- That's a question directly to our chair.

(whispers) Yes ma'am.

- [Berz] To me?

- Right.

- [Ledford] Dr. Berz, would you care to respond?

- Sure.

- [Ledford] If you'll hit your light for me.

- We went through the whole process beginning, oh, several months ago.

There was a proper following of the process.

And in my opinion, I'm only one of nine.

There was adequate notice and adequate process.

You were part of it, sir.

I guess I could (chuckles) ask you the same thing, but yeah.

You were on the original committee.

- Okay, Councilwoman Coonrod, I see your light.

- Thank you chair.

I just wanted to make sure that you knew that I was against it.

I didn't vote for it, so I opposed it.

And the reason I'm not sharing the same sentiments as like, you know, was shared, like I think that it was kinda rushed.

We've had different variations of this map.

And with limited time to even go to our community to say, just recently we had some significant changes that affected eight, nine and seven.

So no engagement was able to take place.

It wasn't public for our community to come voice their concerns about it.

Originally the Re addition process started out as oh, we wanna keep communities together.

But there are several communities that are just butchered and have been destroyed, totally.

And again I do understand the push to let's make sure that we keep in line with the perceived law that could be taken outta content, that we should keep at least three districts, majority black.

And I understand the timeframe of then what that fight was for and what it looked like then.

But in the 21st century, it looks a little different.

Our communities have changed significantly.

And we should be at a point now where we're not just limiting 10 council districts or saying we only would be accepting of three majority black districts.

And because we're past that, we've exceeded that.

And I think that the numbers reflect that.

And I would like to have been presented or seen a district of the redistricting map to be inclusive of all the council people and not just a committee of three.

I think it's time for us to show if we're gonna be one Chattanooga, our council district should reflect one Chattanooga, and it just shouldn't be limited to have three majority black districts.

Looking at the data, and in my personal opinion I believe that it puts black communities at a disadvantage economically.

Because we have the one that our districts are the least invested in, when it comes to certain areas.

And we're not able to... We're not producing a great fruit that's needed in our communities for us to thrive.

And we continue to be you know, our communities are declining.

I'll say that.

And we shouldn't just be all grouped to be at 58% or so, majority in our districts.

I've heavily stated like I had concerns about 1400 black people being removed from Ken Smith district and I think it should have been looked at differently.

I'm not sure why we are in a rush when we got three years at least two more to get it done.

I think it should take time.

Our district eight seat, good.

We're in transition with our eight seat.

You know, we started the process, then we didn't have anyone in the seat, then we appointed somebody to be in the seat and there's gonna be an election.

And I don't think that it will be fair to whomever gets elected to the district eight seat to not have the opportunity to go to the community to hear their concerns.

It's not fair to the current, appointed person to have to be rushed into the process, because it had already started.

But again, those are just my personal opinions.

I think I would absolute the love for the council to, you know, delay this vote.

And we really think about redoing it, as a entire council together.

- Thank you for your comments.

I'm seeing no other lights.

We did have motion on the floor with a second.

Madam clerk, I'm sensing opposition.

Can we do a role call vote , please?

- [Gwyn] Yes, Councilwoman Coonrod?

- [Coonrod] No.

- [Gwyn] Councilwoman Noel?

- [Noel] Yes.

- [Gwyn] Councilwoman Berz?

- [Berz] Yes.

- [Gwyn] Councilman Hester?

- [Hester] No.

- [Gwyn] Councilman Smith?

- [Smith] Yes.

- [Gwyn] Councilwoman Hill?

- [Hill] Yes.

- [Gwyn] Councilman Henderson?

- [Henderson] Yes.

- [Gwyn] Vice chair Dotley?

- [Dotley] Yes.

- [Gwyn] Chairman Ledford?

- Yes.

- [Gwyn] A seven yes.

- All right, seven yes', two nays, motion passes.

We're now at the time in our agenda session where we recognized person's wishing to address the council, which I anticipate.

If you would please raise your hand and start, if you would here to line up behind the podium.

And while you're coming to the podium I would ask Madam attorney to read our rules.

And if she would do that, now.

We'll start in just a moment.

- [Madam Attorney] All right.

(clears throat) Excuse me.

All speakers wishing to address counsel, need to line up here and wait until you are recognized by the chairman.

Please address the council only upon matters within the legislative and quasi judicial authority of the council.

And we will ask you to limit your time to three minutes unless you're given additional time.

- [Ledford] Okay, thank you.

We do have our first speaker at the podium.

Good evening, sir.

You have three minutes.

Would you state your name and your district please?

- Tom Haslett, to your district?

It's Miss Hill's district.

- [Martin] District two.

- It's district two.

- Tom Haslet, council and Mr.

Chair, appreciate the chance to speak to you.

I'm here speaking for Jim and Pauline Martin who are here with me.

The purpose is to bring to council's attention the city's policy of individual citizens being responsible for lateral sewer line repairs that occur within a city right of way.

And in fact, under a city street.

Where the cost of repair includes tearing up and restoring the street.

The Martins live at 1320 Terry Lane in Hixson.

A home, on a cul-de-sac off Norcross, which they purchased in 1970.

Recently their lateral sewer line was in need of repair.

Which, they did repair to the cost of about $5,600.

They later discovered that there also is a break where the line joins the sewer main, in the right of way and under the road.

The road is partially collapsed from erosion.

We do not know whether the breakage is due to their line aging or a sinking sewer main, or due to the weight of the road and traffic for 50 plus years.

The city has informed the Martins that this repair to, is their responsibility.

Including street demo and restoration.

And the estimated cost by a city approved contractor is $60,000.

The Martins are surprised to learn that citizens bear the cost of lateral line repairs that are needed under city streets.

And they were stunned by the cost.

Mr. Martin retired from Provident 27 years ago.

Mrs. Martin is a long since retired, third grade, public school teacher.

In fact, she was my third grade teacher.

They did not anticipate repairing city streets at this stage in their life.

The Martins are here to ask council if there is a more equitable way to allocate this cost as between them and the city.

And regardless, the Martins think that it may be helpful to council and to other citizens who might face this situation, to clearly identify in a public meeting the current policy on lateral lines within city rights of way, how that's applied and what the actual impact is on individual citizens.

We're grateful for the opportunity to address counsel in this.

Mr. Martin, I think wants to make a comment or two also.

And he has pictures, which if I may approach the clerk, I will hand to her while he speaks.

- Thank you for having us tonight out.

First of all, I want to thank Councilwoman Jenny Hill as well as Public Works employees, Sandy Barbie, Kimberly Strong and Sean Wade for their help in making this meeting possible.

After Mr. Haslets very brief description of the problem our concerns and questions to you are, why doesn't Chattanooga public works, operate like the Hixson utility district who assumes responsibility for repairs from their main line to the homeowner's water meter after which the homeowner assumes responsibility from the meter to the house?

And secondly, why should we be responsible for fixing damage to city property which we did not cause, nor over which, we have any control?

Thank you so much.

- [Ledford] Thank you, and thank you for coming down and sharing that with us.

I know that Councilwoman Hill has been meeting with you and conversations are ongoing.

- Great, thank you.

- Councilman, Did you still need your light?

- [Henderson] Yes.

- [Ledford] Please, sir.

- So I just wanted to address Mr. Martin.

I share your concern and I've had this incident happen to two individuals in my district, within the past year.

I have started working with the administration to put together an ordinance that would address this very situation.

It is my belief that anything under our rights of way should be taken care of by the city of Chattanooga.

So hopefully we'll be bringing an ordinance very soon to this council to consider, about the city taking care of everything under their right of way.

And then the homeowner bearing the responsibility for anything on their property.

- [Martin] Wonderful.

- I did have a brief conversation with Councilwoman Hill and shared with her the process that we took when this happened in my district.

We asked the homeowner to uncover the sewer lateral and let the plumbing inspector come out and take a look at what he feels like maybe could have caused the problem and then write up a report.

I don't know if you've...

I don't know how far you are in the process, but that's what I would recommend to you.

- [Martin] Yeah, we have not started any excavation yet, you know... - [Henderson] Okay.

- [Martin] Digging Up.

- Hey chief?

Do you mind getting with Ms. Martin after this and let's kind of walk him through the process that we've done with others?

- [Chief] For sure.

- Okay, Thank you.

- [Ledford] Thank you, sir.

- Thank you.

- [Ledford] Thank you, Councilman Henderson.

Yes, sir, good evening.

- [Capellis] Well, sir, thank you for your time.

Joshua Capellis here, I'm an advocate for unsheltered people in this city, who are citizens of this community.

A lot of people in this town care a lot about a lot of other people they've never met.

I've met a lot of people this morning, I've never met.

And I've never met a lot of people whom, I think I've met.

And I know deep in everyone's hearts that we all care and we're here for a reason 'cause of matters that are important to us, Regardless of what they are.

But God instills in us the ability to love, but he didn't give us the ability to calculate what that looks like from a mathematical standpoint or a scientific standpoint.

If you were to ask a mother what it's like to love her newborn baby, as it lays on her chest, after she carried it for nine months, what is that?

I have seen the most beautiful expressions of love in a matter of moments unfold before my eyes and I as a father of four boys have witnessed that four times.

And I can't tell you what it's like to be helpless as a man, a father, as a human being.

I can stand by and watch a woman incubate a baby and become a perfect person in the eyes of God.

But in the eyes of man, sometimes it's not always that way.

And from what I've learned in the Bible, my constitution and the people that've come before me, and my own consciousness that I've developed sometimes alone in the woods, where I prefer to be.

I've found that there's no lack of love out there on the streets.

I've found the most humble people in the world out here, less than a half a mile away.

I find myself here.

Pouring my heart out, my words, my mind, every resource I can think of.

17 years ago I was prepared to give my life in the military for any one of you, in this community, across the country and across the world.

To maintain an order of peace and a presence in a of humanity.

We're all made in the image of God.

And it doesn't matter what color or creed we come from, what sins we've committed or our prestigious titles or anything other than that, we're all equal.

We're all in this together.

And everyone in the Bible was here for a lifetime.

And those people on their phones right now and on Twitter who attacked me, I've worn this silly jumpsuit because I'm gonna ask you, would you prefer me to be in a business suit or a prison suit?

'Cause I've got this heavy chain around my neck, which is not comfortable.

Neither is the tie that's choking me.

I don't prefer either one.

I prefer to help you.

I prefer to smash my fingers with hammers and bleed for the people that I care most.

I love these people and I can't not love them.

And when I lay down at night, two things weigh on me.

One is, what can I do tomorrow?

And did I do enough today?

And I hope that you can hear me and hear my heart.

I love all of you in this room and I will continue to love my friends.

And I want you to help me as best I can, thank you.

- [Ledford] Thank you Josh, good evening.

- Good evening, Jackie Simpson, district nine, I think.

I'm gonna piggyback off of Councilwoman Coonrod.

I come down to speak on behalf of the community Watchers.

We are getting to the point that look like we keep being ignored.

I pay city and county tax.

I expect representation.

Not from just her, but from all of you.

I have to respect the law and I want to be respected, just like the rest of the people here.

Now you pass the law that the district in it's going to stay in.

I do not like it.

Re-looked at it again.

I know it can't, everything cannot say the same.

But y'all cannot just keep doing what you're doing.

Now, I see you.

I see exactly what's going on.

But I'm just a everyday person, but I do vote.

Thank you.

(clapping) - [Ledford] Thank you Ms. Jackie, Ann?

- Does this come on?

The light?

- [Ledford] Ma'am?

- Nope, doesn't work.

(chuckles) I am Reverend Ann Jones-Pierre, the current president of the Chattanooga Hamilton County branch of The National Association for the Advancement of Colored People.

We are the premier civil rights organization in the United States of America, thank you.

The Basis of all power is the people.

The entire body of the citizens in the state and the whole body of the believers in the church.

They are the legislative power, political and ecclesiastical.

Rulers are appointed by the people and remain accountable to them, Marcilius.

This concept comes through from the responsibility of the church from the 1,280 timeframe.

It is not anything new.

You might remember the statement "Render to Caesar the things that are Caesar's "and to God, the things that are God's."

But the people are the renders.

The NACP stands through me tonight, as the current president of the Chattanooga Hamilton county branch, with respect and disappointment that this body chose to ignore the people and make a decision that strips the people you represent, of any power that is theirs by virtue of their citizenship.

The people have chosen you and you are responsible to the people.

Redistricting is one of the most serious action that affects the people.

And you have refused to inform the people, nor did the NACP receive a formal response to the total request to this elected body.

As an old gospel song says '99 and a half will not do, it takes 100 to run the race.'

We receive 50 and it will not do.

(clapping) - [Ledford] Thank you, Reverend Pierre.

Good evening, Miss Mott.

- Good evening, Marie Mott, district eight.

Honorable chairmen, council and citywide constituents.

I stand here once again, expressing my discontent, my dissent and my disappointment in this body.

The Brown versus The Board of Commissioner's lawsuit and creation of this council served as a method of judicially instituted redress for black and other disenfranchised city voters.

Tracing back to nearly as far as reconstruction.

Our community has witnessed and experienced white political subjugation as the means to undermine the economic, educational, social and emotional advancement of our community.

If that was not so, majority minority districts would have never been the ruling of Judge Edgar.

The sincere multi-ethnic and generational pushback that has emerged in the redistricting process, serves as a firm reminder of the sheer necessity of transparent and trustworthy government.

Our current demand is for a servant leadership that seeks to use power entrusted to you by the people, as an instrument of the willdaaaaaaaaaaaaaa of the people.

And I would have to agree with Reverend Pierre nothing else is going to do.

And (smirks) I just want to leave you with Micah six and eight.

'He has shown you, and you already had an example, oh man, what is good?

And what does the Lord require of you?'

Meaning there's something you need to do.

'But to do justice to love, mercy, And oh my God, walk humbly with your God.'

I don't think if you're ignoring the people, that's justice.

I don't think if you're ignoring the homeless, that that's mercy.

And I don't think if you decide to vote against us in opposition, that that's walking humbly before your God.

But for the power that you have, it is given to you by us.

Because we trust you, and we want to trust you.

We want to build with you.

We want to see a new Chattanooga but, you can't work against us.

(clapping) - Good evening, Council.

Helen Burn Sharp.

In March, I and several other citizens testified that we believe the city may have violated the state open meetings law in how the council went about redistricting.

A three person council committee held private meetings with mayoral staff to develop recommended maps to submit to the full council.

The sunshine law applies to all governing bodies with the authority to make decisions or recommendations to a public body.

There should have been public meetings.

These were not casual meetings where people ran into each other.

These were planned meetings in which staff may have been asked questions, but that is not different from a full counsel meeting where council members have staff there to ask questions.

The sunshine law requires public notice of the meetings minutes to be taken at the meetings and that the meetings be public.

That is the process the council is following on the short term vacation rental issue.

Here, the public will have the opportunity to hear presentations from members of the focus group and staff.

And listen to the questions of the council members on the committee.

This is what should have happened and can still happen on redistricting.

Surely an issue as important as voting rights deserves the same respect.

Here is one thing that's different between the two issues.

In the case of short term, vacation rentals you have amended and will continue to amend the city code from time to time.

In the case of redistricting, you only get to do this once in 10 years.

The next time will be 2031.

It is important to get the maps and the process right.

Remember the charter gives you until 2024 to adopt new maps.

There is no rush.

A new wrinkle came up today.

In that, I learned that the co-chair of the Hamilton county voters coalition had filed an open reading meetings request with the city on March 28th, almost a month ago.

She asked for all on electronic correspondence relating to redistricting by any city counselor with fellow counselors or with city staff.

For the period from September through March.

The law requires prompt fulfillment of an open records request.

It was three weeks before she was notified that if she wanted to pursue it, there would be a charge $165.

But it's not so much the money, 'cause there probably is some research time, but it's the question of is this request gonna be fulfilled before you vote next week on this decision that you make every 10 years?

So in addition to what we've been saying it could appear the city is possibly slow walking the public records request.

I don't think so, I hope not.

But shouldn't the city council hold off on a final vote on redistricting until this process issue can be resolved?

Thank you.

- [Ledford] Thank you, Miss Mott.

(clapping) (upbeat music) - [Narrator] You've been watching highlights of the Chattanooga City Council meeting, a production of WTCI PBS.

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