Monthly Archives: September 2000

City Hall — October 24, 2000

City Hall

November 09, 2000

October 24, 2000

Announcing that “the Mayor is in poor voice this evening,” Birmingham Public Information Officer Mark Kelly reads Mayor Kincaid’s weekly report at tonight’s city council meeting at the Hawkins Center in Roebuck.

Councilor Jimmy Blake asks Mayor Kincaid about the status of the controversial petition allowing a referendum to determine ownership of the Birmingham Water Works assets. In a raspy whisper, Kincaid replies that the Justice Department will have to clear the issue because “it comports with the Voting Rights Act.” Blake promises to make the Mayor talk no more than necessary but admits he likes the sound of Kincaid’s hoarse voice. “It has kind of a jazz quality to it,” quips Blake.

At issue this evening is a new cab company moving into the Birmingham market that plans to buy out Yellow Cab and Homewood Cab companies. [Councilors readily point to the lack of taxi availability]. City attorney Rowena Teague offers a brief history of the taxi industry in Birmingham: A quarter-century ago, Yellow Cab was the top cab company in town, with more than 125 vehicles. As Yellow Cab downsized, Veteran Cab [a part of Yellow Cab] did also, but Homewood Cab and other smaller taxi companies grew. Councilor Lee Loder voices concern about how independent taxi operators will be affected. Teague explains that the cab system is not a closed operation and that independent operations are still welcomed [three cabs and a dispatch service are required to start a taxi service]. Representatives of the new taxi company explain that the independent taxi service will benefit from the overflow of demand that will result from new life being pumped into the Birmingham taxi industry. Councilor Aldrich Gunn asks the name of the new company. The company’s representative explains that his company is actually three different corporations: Jefferson County Yellow Cab, Birmingham Yellow Checker Cab Inc., and Jefferson County Transportation, LLC. “Who’s your lawyer?” Blake asks off-microphone. No discernable reply is heard. The issuance of new licenses, as well as the revocation of Yellow Cab and Homewood Cab operating licenses upon purchase by Jefferson County Yellow Cab, is approved unanimously.

Voluntary drug testing of the nine councilors and the Mayor as proposed by Councilor Don MacDermott is back on the agenda after a request for a one-week delay. MacDermott says he wants the drug testing so that the Mayor and the council can set a “good example” for the Birmingham community. The motion is approved, with the tests scheduled to be held in two weeks.

Councilor Blake, however, disagrees with MacDermott’s motive. Blake asks MacDermott what drugs are included in the city’s policy of screening city employees for illegal substances. “Marijuana, cocaine, PCP, and heroin, as far as I know,” replies MacDermott. Blake then asks what situations determine which city employees are required to be tested. MacDermott replies that it includes jobs involving safety, such as firemen, policemen, and anyone who operates a motor vehicle or other equipment. Secretaries and clerks are excluded. Blake says he thought all city employees are required to be drug-tested. Blake presses MacDermott further, inquiring about any other circumstances that might force a city employee to be tested, especially city councilors. An irate MacDermott tells Blake, “If you have a problem with that, then state your problem!” Blake assures the councilor that he is about to do that, answering his own question by explaining that “aberrant behavior such as wrecking a truck” is one such circumstance. Blake then asks MacDermott what sort of “aberrant behavior” by the council would result in drug testing. MacDermott smiles and admits that he hasn’t watched any videotapes of council meetings lately. Stressing that drug testing is important when public safety is at issue, Councilor Blake wants to know who determines “aberrant behavior” when a councilor is involved, and who directs that they take a drug test and lose their job. MacDermott replies that termination would not follow if a councilor refused to take a drug test. He explains that his resolution simply says that all nine councilors should volunteer to submit themselves to drug tests and “then let the chips fall where they may, apparently.” When asked by Blake if he had ever submitted to a drug test, MacDermott replies that he and Kincaid [before Kincaid was mayor] showed up for a previous test at the same time. Blake asks, “Well, who had the purest [urine] between you?” as the audience howls with laughter.

Blake again states that drug testing should be taken seriously and not be administered for “political purposes, which is what I think is going on here.” Blake further suggests that perhaps “aberrant behavior” could be defined as when “a member of this council, who called a public institution universally corrupt, and asked for each of its members to resign, i.e., the Water Works Board, then a year later changes his mind and wants to hand all the assets of the Birmingham Water Works Board back to that organization, I call that ‘aberrant,’ Mr. MacDermott!” [Blake is referring to MacDermott's present position on the assets issue.] MacDermott counters that it was Blake who called for resignation of the Water Works Board, not him. Blake quickly disputes that claim.

MacDermott holds up a copy of a news story dated May 12, 1994, and reads quotes in which Blake indicated he had once urged drug testing of all city employees. When Blake asks MacDermott why he brought the news article to tonight’s meeting, MacDermott replies, “A little bird told me you might object to taking the test.” Admitting that he had taken drug tests before, Blake again emphasizes the political nature of the issue, declaring, “I’m not voting for this silly thing!” The issue passes. Blake leaves the dais to take one of his frequent walks through the council chambers. As he walks by this daydreaming reporter, he administers a friendly punch to my arm, threatening, “Boy, we’re gonna drug-screen you if you don’t wake up!”

October 31, 2000

Council President Pro Tem Aldrich Gunn presides in the absence of Council President Bell this morning. From an issues standpoint, it’s a rather short, dull meeting. Among council business is a vote to increase taxi fees held over from last week’s meeting and the denied request of a liquor license for the Cozy Corner lounge, which reportedly had been selling liquor for years without a license. Councilor Sandra Faye Little’s hot orange suit, replete with rhinestone-studded wide collars and open neckline reminiscent of an Elvis Presley stage getup, is the only salute to Halloween by Council members.

The speaker’s forum, reserved for citizens to address the council for three minutes at the end of each meeting, is where all the action is this morning. Jimmy Corley is back in the council chambers, having been banished several months earlier after an incident in which police wrestled him to the ground before carrying him out of the council chambers. Corley is a self-professed prophet of doom who takes credit for Village Creek floods, tornadoes, and other natural disasters. Council President Pro Tem Aldrich Gunn, who was challenged to a fistfight several years ago by Corley, tells Corley it’s good to see him again.

According to Corley, he was arrested by the Birmingham Police Department five years earlier on charges that he continually maintains were false. Today, Corley reiterates that he was denied medication while incarcerated, which caused him to suffer a seizure. Claiming $14,000 worth of debt and hospital bills to treat an injury he blames on the police department, Corley again demands a financial settlement from the city. He gives the city two weeks to settle.

If nothing has been done at that time, Corley forecasts “cancer, strokes, heart attacks, tumors, body failures to all persons who conspired against me.” Among his dire predictions is a curse he puts on Mayor Kincaid [the same curse he placed on former Mayor Arrington]. He warns that the “curse on Village Creek shall not be lifted,” and that his curse on preachers [Corley singles out Reverend Abraham Woods] who preach on behalf of the city council, the Mayor, and the Jefferson County Citizens’ Coalition will remain in effect. He also predicts that “City Stages shall continue to be rained upon and to lose money.” Corley concludes: “I got the curse on Lake Purdy. There will be no lake like it was before. It shall be cursed 53 years, and the lake level shall drop another four feet.”

Another vocal citizen, Carolyn Corbet, is back after a noticeable absence. Corbet’s resume includes running for president of the United States, mayor of Birmingham, and city councilor. Her past grievances have ranged from accusations of rape in the Birmingham jail to protesting the legality of promotional contests sponsored by various fast-food restaurants.

Today Corbet complains that her “bad tooth” cannot be removed “because of the law.” She also gripes about a broken leg suffered several years ago while walking on a pebble-covered sidewalk in East Lake. Corbet suddenly pulls out a cellular phone, holding it close to the microphone so that her dialing of 911 can be heard in the council chambers. She tells the responding police dispatcher to send “several police cars up here, because I would like to have the Birmingham City Council, along with the Mayor, arrested and charged . . . with attempted manslaughter.” She admits to the dispatcher that she is not an attorney but has been damaged by laws passed by the council. A laughing Councilor Gunn, sounding much like an automated telephone operator, tells Corbet that her three minutes are up.

Radio talk-show host Frank Matthews finishes the speaker’s forum, snickering through his observation that the Council moved so rapidly through the agenda this morning that “we got more treats than tricks, so I’ll just hold my comments until . . . [his sentence breaks off into irrepressible laughter, his conclusion erupting into unbridled giggles].” As usual, Matthews makes little sense. &

City Hall — October 26, 2000

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City Hall

By Ed Reynolds

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October 26, 2000October 10, 2000

The initial order of business this morning: arguments over a citizen-led petition drive that calls for a referendum to allow the people of Birmingham to decide who should own the Water Works assets. It’s unclear if any Council action on the issue is permissible due to Mayor Kincaid’s lawsuit, filed several weeks earlier, to halt a Council vote that returned the assets to the Water Works Board. Councilor Sandra Little says she will support the people’s demand for a referendum to decide asset ownership, adding that she thinks that there are five votes today that would approve allowing the public to vote.Councilor Aldrich Gunn states that the “mere fact that we are sitting here talking about voting on whether or not we vote to transfer the assets is a historical occasion.” Councilor Bill Johnson urges the Council to vote for the referendum today so the vote can be taken during the November 7 election thereby saving the taxpayers the $300,000 that it would cost for a special referendum vote.

Council attorney Michael Choy asks if Judge Hanes, who is currently contemplating a ruling on Kincaid’s lawsuit, can be called to determine if any Council action is legal. Choy explains that if the Council approves the referendum vote, he is sure it will be challenged in court. “That’s gonna cost the taxpayers more money,” he says.

A resolution requesting that Council members submit to voluntary drug testing as “an example of leadership for city employees in an effort to combat drug abuse” prompts a few giggles from councilors. Councilor Don MacDermott, who sponsored the proposal, asks for a one-week delay, which ignites a round of light-hearted jokes. Councilor Lee Loder says that as a new member, he’s had a recent test. Councilor Pat Alexander keeps saying, “I’m ready! I promise you, I’m ready!” Council President William Bell expresses curiosity that “we keep having these nice meetings for some strange reason.” Kincaid requests that “the Mayor be included in [drug tests].”

Councilor Little thanks the Mayor “for a delightful weekend,” to which a chuckling Kincaid suggests that she define her comment. Little is, of course, referring to the previous weekend’s mayor-council retreat at Point Clear near Gulf Shores. A slightly embarrassed Little thanks Kincaid for the “delightful conversation” regarding the Roosevelt City fire station she has been waging war over for the past year. Councilor Alexander thanks Bell for organizing the retreat, admitting that she never gives up hope that the Council and Mayor can one day see eye to eye. Noting that she and Kincaid held hands at one point during the retreat, Alexander tells the Mayor that “I don’t have to like you, and you don’t have to like me. But we got to respect each other. And I think we can do it,” she adds with a smile. Alexander concludes by telling the Mayor that she loves him.

As the Council approves the travel expenses of Raymond Powell, manager for internal audit in the Mayor’s office, for a conflict-management seminar in Biloxi, Mississippi, Councilor Johnson points out that the word “Biloxi” does not have an “e” at the end. The Council votes to correct the spelling.

During the citizen speaking forum held at the end of each Council meeting, former Alabama State Senator Fred Horn addresses the Water Works issue. Horn urges, “I am here to appeal to all of us to stop this buffoonery and put the assets and the Water Works back where it ought to be, as a department of the city. That is our only salvation.” The former senator warns, “Otherwise it will be run by a board that is decided by the state legislature to make the laws.” Horn warns that the state legislature will decide how many people will serve on the board, and who will control the assets. The legislature is waiting until the year after next to decide who will be on the water board, according to Horn. This will be after previously black legislative districts are to be redrawn as ordered by the courts. He again stresses that the only way to control the water system is to make the Water Works a city department.

October 17, 2000

This morning the drama of the weekly City Council meeting spills into the third-floor hallway directly across from the council chambers. A few minutes of threats, possible attempted assault, and a string of obscenities add the perfect touches to the unforgettable freak show. More on the bizarre episode later.A poker-faced Council President Bell introduces new UAB athletic director Herman Frazier as “a man who has been to the mountaintop of athletics. And he understands that in order to achieve great things you have to dream great things.” Councilor Jimmy Blake enthusiastically welcomes Frazier after Bell and confesses, “I personally am very tickled to see somebody who is a track athlete being athletic director at UAB.” Blake notes that he looks forward to seeing the campus “continue to flourish and the social life of students continue to improve.” The councilor also is excited that the school will “continue to move toward being a real athletic power.”

The early morning frivolity ends soon enough. First order of business is controversial Addendum Item 57: Consideration of petition for an ordinance to require a vote of the electorate to sell, transfer, or lease the water and sewer facilities, Water Works and Sewer Board of the City of Birmingham as presented by Probate Judge Michael Bolin for the Council of the City of Birmingham on October 10, 2000, which was submitted by six electors of the City of Birmingham. The six names included in the ordinance are listed for Council record. In question is whether the Council can legally vote on Item 57 since a lawsuit filed by Mayor Kincaid to halt transfer of the assets to the Water Works Board has not yet been ruled on by Circuit Judge Hanes. Mayoral attorney Emory Anthony (a former mayoral candidate) passes out copies of Judge Hanes’ decision that any Council action dealing with the petition and referendum did not violate the status quo.

Charlie Waldrep, attorney for the Birmingham Water Works, addresses the Council to question the legality of the petition signatures. Addressing Choy’s statement to the Birmingham News that the petition is “junk,” Waldrep questions whether or not Choy actually made the comment [Choy appeared on a local talk-radio show the same morning to deny it.] But Waldrep takes the use of “junk” a step further: “Junk has some value. At least it’s scrap or salvage. This [petition] is valueless. This has a negative value because it would be put to an election for an ordinance that clearly, on its face, is invalid.” The Water Works attorney notes that the first petition had 36 percent of the signatures declared invalid and the second petition had 41 percent discarded as invalid. Waldrep adds that petitioners were not required to show identification before signing.

Kincaid reminds Waldrep that voting polls do not require identification to cast a ballot in an election. Waldrep says he obtained copies of the petitions, and after reviewing 95 percent of the signatures, he conservatively estimates that approximately 2000 were illegally counted, including “instances where clearly the signature that appeared on the petition has been signed by one individual on several occasions.” Waldrep admits that he is not a criminal lawyer but points out that Kincaid has a pair of attorneys with “excellent reputations as criminal lawyers” and suggests that “perhaps they could shed some light on what could be applicable to these signatures submitted to the City Council for action.” Waldrep also states that the ordinance is written so that any transaction involving sale of any Water Works equipment [used computers, etc.] would require a vote of the people-a charge the Petitioners Alliance and its attorneys vehemently paint as false
“scare tactics.”

Councilor Blake notes that the citizens’ referendum process was used to “kick Bull Connor and his regime out of office. And this time it’s (being used) to kick a different regime out of office.” Blake asks Waldrep how much his firm makes from performing legal service for the Water Works. Waldrep responds that he would have to check his records. Noting that he has
“great respect for Mr. Choy and generally agrees with most of his opinions,” Blake criticizes what he terms as monopolization of time this morning by those defending the asset transfer to the Water Works Board, especially Waldrep, whom Blake describes as “panicky because he might lose his gravy train.” [Waldrep allegedly collects an annual fee of one million dollars to represent the Water Works.]

Waldrep, who hints at fraud, questions the validity of the petition signatures as he uses an overhead projector to flash some of the signatures on a screen in the council chambers. Councilor Little points out that three of the names on the projected list appear to be in identical handwriting.

In response to Waldrep’s earlier characterization of the petitions as being less than junk, Mayor Kincaid tells Waldrep that it is the “will of the people, and that alone gives it more than just a passing value. It gives it a very deep value.” Kincaid stresses that Probate Judge Michael Bolin had determined that the petitions were legitimate. Kincaid says that certification of sufficiency is not the question at hand today because Judge Bolin appeared in the council chambers last week to verify that the petition met all sufficiency-certification criteria. The Mayor accuses Waldrep of using “scare tactics” regarding citizen approval of easements, rights of way, and the sale of equipment in regard to the Water Works.

Bob Friedman, WJLD radio talk show host and petition organizer [the "Pied Piper," according to Councilor Gunn], addresses the Council. He stresses that his petition does not discourage the sale of the Water Works but, rather, allows the citizens to simply decide if they should be able to vote on who should own the water system assets. Friedman says he knows more about petitions than Charlie Waldrep, and that just because some signatures are invalidated does not mean the people’s convictions driving the petition are invalidated. Gunn jumps in to tell Friedman that he’s not as smart as he thinks he is.

Councilor Little holds up a copy of the petition ordinance, calls it fraudulent, and says that she doesn’t believe that most of the 10 percent of citizens who signed it could understand the petition ordinance, but quickly denies that she thinks the signees are stupid. Little goes after Friedman. “I have lived in the city of Birmingham all my life. Mr. Bob Friedman, a radio DJ that constantly batters the City Council, and to walk around Birmingham coming out of New York or wherever he is [sic], and to lead our people in such a disgraceful campaign to divide and conquer the black vote! Our people, some of us just don’t know what’s happening!” Little concludes her condemnation of Friedman by shouting that “it is not fair to allow people to come in and mess up our minds!” She refuses to support the ordinance, insisting that she is “standing up for those people who didn’t sign it [the petition].” The Council votes down the ordinance six to three, sending the issue to the Election Commission [Kincaid, Council President Bell, and city attorney Tamara Johnson] to finalize plans for a special referendum.

In the hallway following the vote, Charlie Waldrep holds court for the television cameras. Bob Friedman walks up to the gathering to offer an opposing opinion. As WBRC television news reporter Cynthia Gould questions Friedman regarding perceived insults that those who signed the petition could not grasp the ordinance’s concept, Council Attorney Michael Choy suddenly begins screaming at Gould that she “started all this,” calling the reporter a “bitch.” Two men restrain him as he appears to lunge towards the female reporter. Choy breaks away slightly from the men’s grasp, pointing at Gould as he moves toward her, yelling that “you don’t know who you’re fu**ing with.” Again, the out-of- control Council attorney is restrained as he continues his verbal assault on Gould. Choy is finally escorted into the conference room followed by Council President Bell and Council publicist Ken Mullinax. While Choy remains confined to the conference room until he calms down and order can be restored to the City Hall corridor, a speaker in the hallway broadcasts the Council passing a $185-an-hour pay raise for attorney Choy. &

Editor’s note: Choy resigned as City Council attorney after this incident.

City Hall

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City Hall

September 12, 1000

By Ed Reynolds

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September 28, 2000

Council President Pro Tem Aldrich Gunn supervises today’s meeting in the absence of President William Bell. A resolution commending the Birmingham Pledge Task Force, MSNBC, and Newsweek for their participation in the Birmingham Summit, a two-day conference designed to promote racial harmony, is the first order of business. Gunn tells the Council that his third child was born the night the bomb killed the four young girls at Sixteenth Street Baptist Church. Mayor Bernard Kincaid, who has refused to sign the Pledge because it fails to stress actions over words, notes that this [recognition of the Pledge, including its author, Bill Rotch] is an “awkward moment for the Mayor.” He reminds the Council that Birmingham has come a long way, emphasizing that he is working with officials of the Pledge to “take action steps,” which he believes will make the document more concrete.

Councilor Jimmy Blake explains his “no” vote on the resolution, insisting that the Pledge demands “we not sit quietly when we see things that, in my judgment, are not acting or behaving in a manner that’s going to reduce racism but, in fact, might inflame racism.” Blake further condemns those whom he regards as “blind in one eye.” He elaborates: “They can see black but they can not see white. They can see racism in white people but they refuse to see racism in black people.” Blake reassures everyone that he opposes racism by both blacks and whites. The councilor further condemns the presence of Johnnie Cochran and Al Sharpton at tonight’s town hall meeting on racism at Sixteenth Street Baptist Church. Blake refers to their presence at the meeting as “outrageous,” prompting Councilor Sandra Faye Little to shout “point of order” to quiet Blake. He then goes on a tirade about last week’s Council meeting that addressed minority hiring practices by the University of Alabama at Birmingham, referring with disgust to what he called attempts to “hold UAB hostage.”

Councilor Bill Johnson, whose wife is actively promoting the Birmingham Pledge, says that Blake’s comment about the UAB racial hiring discussion proves that “it’s [racial discrimination] there. It’s under the surface all the time.” Blake responds to Johnson: “I very much value the Birmingham Pledge,” stressing that it will only work if “we’re not hypocritical as to how we apply it.” Blake reads a line from the Pledge to illustrate his point: I will discourage racial prejudice by others at every opportunity. “I am a white guy who’s saying, ‘Hey, this is a two-way street,’” explains the councilor. “And by showing that kind of disrespect, Mr. Johnson, you are . . . ” Johnson immediately interrupts Blake, calling him “out of order because this item’s over!” Blake slips in a final word, shaking his head, saying to Councilor Gunn, “Mr. Pro Tem, our order in this chamber seems to be racially motivated sometimes.”

Approximately 20 residents living near the Birmingham International Airport are present for a public hearing on the formation of a permanent task force seeking solutions to unbearable living conditions created by airplanes flying over neighborhoods. “Just imagine if you lived out in the area and had 80 flights flying over your house every day,” Councilor Johnson tells the Council. Gunn reduces the traditional three minutes each citizen is allowed to address the Council during public hearings to one minute. Objections echo through the council chambers. Justifying the time reduction as necessary because of the large number of people desiring to speak, Gunn notes that “nobody lives any closer to the airport than I do.” An airport neighborhood resident shouts, “Yeah? Well why don’t you represent us like you’re supposed to?” An angry Gunn calls for a police officer to remove anyone else who speaks out of turn again.

Councilor Lee Loder joins Johnson in protesting Gunn’s one minute allotment. A vote is taken on how long to allow residents to speak, but Blake’s temporary absence from the chambers gives Gunn the majority he needs to enforce the one-minute rule. Gunn then agrees to give each speaker a five- second warning when their minute is up. Councilor Johnson is obviously disgusted.

Included in residents’ complaints about the airport is the dumping of excess fuel by airliners before landing, which neighborhood residents blame for respiratory ailments, leukemia, and cancer. One woman says even the animals are acting out of character. “Birds don’t sing and nest like they used to. And the squirrels act nutty,” she explains. Another resident invites councilors to live with her for a week to observe the deplorable conditions in which she and her four-year-old daughter live. An elderly woman warns that future airport extensions will be keep residents from sleeping day and night. “You think we’re living in hell now? Just wait until they start more expansion,” she says. She also notes that there are “children that have been in their yard playing, putting things in their mouth. Down the road those children are going to have diseases and sicknesses that will be traced back to the airport.” Local radio talk show host Frank Matthews, who has been an airport neighborhood resident for a decade, issues a threat. “I firmly believe that it takes a revolution to get a solution,” Matthews says, noting that residents could be relocated for $10 million. “We’re gonna make you understand the way Miami does things. Therefore, I threaten you [the Council] this morning that we will take our cars early one morning so you won’t know when it will happen, and we will line them up and stop people from getting into that airport!” Gunn responds that this action would likely land Matthews in jail.

After the neighborhood representatives have finished addressing the Council, Johnson explains that the primary goal of the task force is to open better lines of communication between the Airport Authority, the community, and elected representatives. Mayor Kincaid expresses his support for the task-force resolution, acknowledging that residents are certainly justified for feeling ignored, as the Airport Authority did not hire a public-relations representative until earlier this year. Councilor Blake demands that the Airport Authority reveal its future expansion plans, noting that the Council should be included in whatever decisions are made regarding expansion.

Councilor MacDermott is critical of pilots, noting that even though the airport is not in his district, the airplanes fly directly over his house. “Stray pilots like to see how close they can cut it [flying too close to his home].” Councilor Pat Alexander, who is on the Airport Authority, promises she will do everything in her power to bring the Authority and residents to common ground.

Determined to get the final word, Councilor Gunn says that no one has lived near the airport as long as he has. He suggests that the Council hold a meeting there with the Airport Authority present to “hear your [neighborhood residents] whims.” To illustrate his empathy with the neighborhood, Gunn recounts his own personal airport nightmares. He repeats a story he frequently tells about the afternoon in 1944 when he watched in horror as a skydiver’s parachute failed to open at an air show. &

City Hall — Camp Challenge

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CITY HALL

By Ed Reynolds

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September 28, 2000

Council President William Bell thanks Mayor Kincaid for “the pleasant time we had yesterday morning at breakfast,” promising to arrange for other councilors to meet “one on one” with Kincaid. The Mayor acknowledges his enjoyment, telling Bell it was “worth the price of admission.”

The Boy Scouts thank the Council for its support of the scouts’ Camp Challenge program held in August. Purple T-shirts are distributed to the Council in appreciation. Council administrator Jarvis Patton asks why the shirts are purple, prompting Bell to tell Patton that “Tinky Winky is purple [the infamous "Teletubbies" character].” Bell references a study he had seen indicating that any kid going through the Boy Scout or Girl Scout program receives the “equivalent in training of going through a full four-year institution.”

The city’s plan to vacate a portion of Ridge Park Avenue to Sloss Development so that a parking deck can be constructed at the site of the newly renovated Rust Building prompts the Council’s unavoidable “argument of the day.” Sloss Development also requests waiving the $15,000 vacation fee it is asked to pay for constructing the parking deck on the vacated street. Councilor Johnson commends Sloss for the “outstanding job renovating what was truly a very prominent eyesore in the city of Birmingham.” Johnson moves that the fee be waived, but Bell objects, fearing the Council will “always be bombarded with waiving a fee” if a precedent is set dropping fees for private sector development.

Councilor Blake agrees with Johnson’s assessment of a job well done by Sloss. However, Blake notes that the Council has “on many occasions waived vacation fees when businesses were put in place that increase the number of jobs in Birmingham.”

Councilor Little tells Johnson that he should have gotten together with other councilors if he wanted the fee waived. “Just to bring it to this floor like that is just like a shotgun, and I can not approve that,” Little surmises. Johnson replies that he wasn’t aware of the request to drop the fee until right before the Council meeting. He says that the Council has “sent $10 million down to the Summit,” calling the Rust Building project “a good investment, equally along the lines of the investment we made out on the Summit.”

Councilor Loder says the proper time to request the waiver is beforehand, when putting together an economic package to attract investment. Loder, however, has a deeper gripe, questioning the waiving of fees for nonprofit organizations. “Just because an organization is nonprofit doesn’t mean it doesn’t make a profit. In today’s times, a lot of nonprofit organizations own for-profit organizations under the umbrella of nonprofit.”

Blake leaps back into the fray and urges the Council to be consistent in its application of waiving vacation fees. He finally suggests that perhaps the Council is refusing the waiver because the Rust project is in his district. The vacation is approved. The fee, however, is voted to remain in place when Loder votes with Bell’s Council majority. Blake leaves the chambers and doesn’t come back.

Bell ends the relatively short meeting on a light note, holding a pair of women’s sunglasses found in the ladies’ room at City Hall. Commenting on the expensive quality of the glasses, Bell speculates that “I might look cute in them” should they remain unclaimed. Councilors laugh, unable to hide their joy at finishing a Birmingham City Council meeting in only two hours.

City Hall — October 12, 2000 & September 26, 2000

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City Hall

By Ed Reynolds

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October 12, 2000

September 26, 2000
The summer drought takes center stage at tonight’s Birmingham City Council meeting. Mayor Kincaid reads a memo from the Birmingham Water Works regarding emergency procedures for the rapidly depleting Lake Purdy water source, most of which serves Mountain Brook, Hoover, Cahaba Heights, Homewood, and Vestavia. One option is to add a surcharge to the water bills of those who surpass a predetermined monthly amount. As the city’s legislative body, the Council would have to approve the surcharge because it is considered a rate increase. The surcharge could garner up to $4 million in penalties for the Water Works, though the Water Works Board emphasizes in bold print in the memo to Kincaid that they are not interested in the money. The other option calls for the Mayor, the acting manager according to the Water Works’ agreement with the city, to declare an emergency. A declaration of emergency would levy penalties that include a $200 daily fine and up to 180 days imprisonment for violations of water conservation. Kincaid refuses to declare an emergency without the Council also taking action.

Mike Vann, general manager of the Birmingham Water Works, addresses the Council, stressing that “we are approaching a crisis situation.” He says that Lake Purdy is currently at less than 40 percent capacity, noting that the situation has evolved from “an extreme drought to an extraordinary drought.” The Water Works Board has determined that the surcharge option would be $5 per 100 cubic feet per month for water usage over a determined national average rate of 1400 cubic feet per month for a family of five.

Councilor Sandra Faye Little says she will not approve the surcharge because the people in her area are not the cause of the problem. Irate about expensive water bills, she points out that her home water bill last month was $77. “I don’t wash that much,” she says. Little contends that she was prepared to object to high bills regardless of the drought problem coming up on the agenda. Water Works representatives explain that the Warrior River is the source of water for her district.”I think the surcharge should be put on these people that are using these enormous amounts of water. I don’t intend for my people to be burdened with bearing other people’s problems.” She urges State Attorney General Bill Pryor to get the “state police” to enforce any violations by other municipalities. “Since he wants to get in everything, then he needs to get in this,” surmises Councilor Little, referring to Pryor’s earlier opinion that the Water Works cannot be used by Birmingham to finance city projects since other municipalities also rely on the Water Works as a water source.

Councilor Aldrich Gunn wants to know why water can’t be transferred from other sources to Lake Purdy, and asks if water is pumped through “antique pipes” at Lake Purdy. Mike Vann acknowledges that some of the pipes are old but are “working just fine.” “Birmingham has never experienced a drought of this magnitude,” Vann further states. Gunn replies, “Maybe it’s because we been playing with the Water Board for so long.” Refusing to support the surcharge, Councilor Gunn suggests that someone perform a rain dance to replenish Lake Purdy.

Councilor Loder ponders the legality of placing a surcharge only on residents contributing to the drought. The city’s legal department replies that rates have to be applied in a uniform manner, because the rate increase can’t be used as a penalizing tool. The role of the water crisis as a test of City Hall’s managerial skills is not lost on Loder. “This is one of our first tests of the water system,” the councilor notes, stressing the importance of overcoming the crisis if the city wants to continue managing the system.

Councilor Don MacDermott calls the crisis a “classic example” of why he supports removing all water system assets from the city and returning them to the Water Works Board, stating that this is a problem with which the city shouldn’t have to contend. MacDermott says the city can’t pawn off its problems if it wants to control the water supply. It must instead provide a leadership role. Mayor Kincaid reminds MacDermott that the unsavory options of surcharges and penalties is a creation of the Water Works Board.

Mayor Kincaid says that he wishes the present problem were his because he would find “competent management to make sure that this situation was avoidable.” The Mayor, who wants the Water Works to become a department of the city with professional private management and a regional advisory board, cites the short-sightedness of the Water Works Board. “We left Lake Purdy in splendid isolation while Mulberry Fork and all the other places that have plenty of water are not connected to [Lake Purdy].” Kincaid adds that he would have no problem solving the dilemma. Councilor Gunn jumps in for the final word. “I think that Lake Purdy will be filled back up before we resolve this one,” says Gunn. No state of emergency is declared, and the Council makes no recommendation. No action is taken to solve the drought crisis this evening.

October 3, 2000

Councilor Blake is absent from today’s meeting; however, Council bickering continues in the combative councilor’s absence. A flurry of morning skirmishes between Mayor Kincaid and the Council prompt the Mayor to angrily express his disdain for what he refers to as “being ambushed.”

In response to the continuing drought, Mayor Kincaid and other local municipalities on September 28 finally declared a “water emergency” which allows penalties to be attached to water usage violations. Watering yards; washing automobiles, trucks, trailers, and railroad vehicles [excluding automated car washes]; cleaning outdoor surfaces; defective plumbing leaks; and the filling of swimming pools are prohibited. Twenty-five thousand fliers will be distributed by Birmingham police to inform residents that violations of the water restrictions are punishable daily by a fine of $200 and up to 180 days in jail.

Councilor Little complains about the lack of police in her district. Kincaid notes that the problem won’t be solved this morning and points out that there are “surrounding municipalities that pay exponentially, some as many as five figures, more to their police officers than we do.” He suggests that discussion addressing police shortages be examined during the coming weekend council-mayoral retreat in Point Clear. Mayor Kincaid suggests a possible fifth police precinct. But Councilor Little says, “Mr. Mayor, I’ve been crying for a precinct ever since I’ve been on this Council for District Seven. We don’t even have a precinct over there!” Kincaid replies, “Maybe you didn’t hear me. I didn’t say put a precinct in District Seven.” Councilor Little’s temper escalates dramatically at the Mayor’s response, and she blurts, “Oh, yeah, it would be in District Seven! I think everybody else is covered!”

Councilor Little also inquires about the status of the “environmental court,” a legal entity designed to address environmental violations by neighborhood residents. Kincaid says that the issue of deputies is holding up finalization of plans because he and Council President Bell disagree on who should be deputized. Bell wants neighborhood residents to serve as enforcers of neighborhood environmental violations, but Kincaid is uncomfortable with Bell’s proposal: “I don’t think neighbors ought to police neighbors. I think it ought to be a police action of the state. Mr. Bell and I have come to some tacit agreements as to how we are going to fashion this. And we are working to hammer that out.” Bell immediately takes issue with Kincaid’s assessment of their discussion. “Mr. Mayor, I’ve allowed you to tell the press often times that you are scheduling meetings with me. We haven’t hammered anything out,” says Bell. Kincaid agrees that nothing has been “hammered out,” but reminds Bell of their “tacit agreement.” Kincaid offers to define “tacit” for Bell.

Kincaid and Bell continue to argue about the environmental court until Bell finally asks the Mayor when it was discussed, to which Kincaid replies, “In your office, that same day you said, ‘Don’t come back here shuckin’ and jivin’.’”

Councilor Little acknowledges another “emergency” facing the city this week. She introduces Tim Perell, producer of the independent film World Traveler currently being shot in Birmingham, and Michele Foreman of the Governor’s Film Task Force. Pointing out the value of making movies in Birmingham, Foreman notes that before those involved with shooting the movie leave town, they will have spent $400,000 in Birmingham in one month. Apparently the film crew has run into problems securing the state fair for a shoot the Thursday night before the fair opens. “Just to let you know the kind of crisis we’re in, they have a movie star, Julianne Moore, who has been nominated for two Academy Awards, arriving for the scene [at the fair].” Foreman also says that 200 community extras are supposed to be included in the fair scene. The film needs all the carnival lights left on for the shoot, as well as access to five fully operational rides. Perell is disturbed by “exorbitant costs” the movie would have to absorb to cover opening the fair to shoot a movie for just six hours. Little says that the Birmingham Arts Commission (BAC) could possibly cover the costs of operational needs. The councilor, head of the Park, Recreation, and Cultural Arts Committee, which had direct contact with the World Traveler production crew, had previously insisted that the film use students from Lawson State [which is in her district] as movie extras in addition to the UAB students already secured. She asks the Mayor for any comment.

An angry Kincaid replies, “You might not want to hear it. I’m tired of being ambushed up here on the Council.” The Mayor explains that United Shows of America, who stages the fair, has the contract for 10 days, the duration of the state fair. United Shows told the film company that they were welcome to film on the night requested, but they would have to pay $5,000. Foreman apologizes for not knowing that the film company should have approached the Mayor.

Perell explains that he has been talking to staffers from the Mayor’s office for two weeks. Little reassures Perell that the money will be found to cover the fair costs, emphasizing the “emergency” nature of the situation. Bell suggests that the fair operator be contacted to see if payment can be delayed. The Council President agrees to place the $5,000 request on next week’s City Council agenda.

City Finance Director Mac Underwood says that the BAC money Little wants to pay the fair operator is targeted for specific purpose. Little disagrees. Councilor Gunn asks what the movie is about. Tim Perell tells Gunn that it’s “about a man who is traveling cross-country trying to find himself in many ways, and learning to be a parent to his son.” Gunn replies, “All right!” Bell asks if it is Forrest Gump 2? Everybody, including Perell, laughs.

Kincaid says that his staff “has been dealing with someone named Heather Brinson, not these individuals,” pointing at Perell, the movie’s producer, and Foreman. The Mayor says that his office has been cooperative by working out traffic engineering plans as well as use of the police and fire departments. He also notes that he had turned down a film crew request to turn on city fire hydrants to simulate rain. “We’ve done a yeoman’s task in trying to accommodate [the film crew].” Little tells the film group to go ahead and proceed with plans as scheduled for the fair shoot, promising that the Council will “have the money in place.” &