Monthly Archives: November 2004

City Hall — Council Seeks Travel Expense Report

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November 18, 2004 

On November 9, the Birmingham City Council approved the hiring of Henry Sciortino as the city’s financial advisor. Sciortino, the former president and CEO of Fairmount Capital Advisors, Inc., which had advised the city for the past three years, left Fairmount this past summer after a falling out with company chairman Rodney Johnson. According to a November 7 Birmingham News article, Pennsylvania court records indicate that Sciortino filed a civil lawsuit against Fairmount and Johnson on August 3, 2004. The article stated that “Johnson filed a memorandum in opposition to the complaint,” including accusations that Sciortino was involved in “mishandling more than $500,000.” In a press conference after the council meeting, Mayor Bernard Kincaid, who believed Sciortino was not fairly represented in the story, decried the article as “the yellowest form of journalism that I can ever imagine.”

At the November 9 meeting, the council voted to rescind a resolution it had approved on August 3, which contracted with Fairmount for $240,000 as financial advisors. Councilor Joel Montgomery voted “no” each time. Then the council voted on a resolution to contract with Sciortino’s present company, Triad Capital Advisors, Inc. (for $146,666), but the resolution failed due to only three “yes” votes from the seven councilors present. [Councilors Lee Loder, Valerie Abbott, and Elias Hendricks voted "yes." Councilors Carol Reynolds and Joel Montgomery voted "no," while Councilors Carole Smitherman and Gwen Sykes abstained. It takes four votes to approve an item when only seven councilors are present.]

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Councilor Abbott first questioned the Birmingham News piece during the meeting. “We certainly all saw the newspaper article, and it did raise a number of questions in all of our minds,” she said. “But we do have a contract that allows us to terminate if anything is discovered that causes us greater concerns.” She continued: “Until the lawsuit is resolved, we don’t know who’s right. And if we turn this down today we will be making a judgement on who is correct, and to me that would not be fair.” Abbott added that, in her opinion, “although interesting, [the article] did not include the entire story.”

“The most compelling argument for this is that there is a time constraint on this,” said Councilor Hendricks. “And at this point we do not need to be without a financial advisor. The financial advisor and the recommendation for a financial advisor is wholly in the purview of the financial department and the mayor. They’re the ones who use them; they’re the ones who have to be responsible for what they do.”

After the initial vote, Council President Loder appeared confused and refused to declare that the vote had failed until he could receive clarification that three votes were not a majority in this situation. He said he also wanted to give councilors the opportunity to reconsider their vote. Half an hour later, Loder called for the vote again, explaining that he now understood that a majority of four was needed when only seven councilors are present. By this time, Councilor Sykes had convened with Mayor Kincaid and Councilor Hendricks and switched her “abstain” vote to a “yes” vote.

Councilor Montgomery became livid. He told Loder that the first vote should have stood, but Loder replied that a councilor could change his or her vote at any time prior to declaration of the vote. [Loder has the option of declaring the vote, but the council can put up a motion demanding that he declare the vote.] Montgomery argued that reconsideration of a vote is the only way to ask for a vote again once a roll call vote has been taken. [Reconsideration can only be requested by the prevailing side, but there was no prevailing side on the first vote due to no clear majority.] Loder overruled Montgomery and let the second vote stand. Loder explained, that according to Roberts Rules of Order, the parliamentary procedure used by the council, Loder is authorized to retake a vote if he feels that the vote is “not clear or unrepresentative.” Loder added, “My job is to accurately reflect the will of this body. . . . I am satisfied at this time that the vote taken accurately reflects the will of this body.” Storming through the hall outside the council chambers after the meeting, Montgomery vowed to contact the district attorney that afternoon.

In an interview, Montgomery took issue with Loder’s explanation of his job as council president. “His job is not to reflect the will of the body. His job is to preside over that meeting,” said the councilor. “What he did was immoral. He stole $146,000 from the taxpayers of this city and nullified the representation of various districts up there by manipulating not only the Roberts Rules of Order, but also the process by which we deliberate up there!” Montgomery said Loder’s goal was to make sure he had the four votes needed to pass the item to hire Sciortino’s company. He expressed amazement that Loder didn’t know that four votes are needed when only seven councilors are present. “This man has been sitting on the council for four and a half years, and he doesn’t know that when you’ve got seven people up there that you need four votes for a majority?”

Montgomery continued his tirade: “He manipulated that vote; he kept going until he got the achieved outcome that the mayor of this city wanted. . . . What he [Loder] did was immoral and corrupt!” The councilor vented further: “You are circumventing the will of the majority of the councilors up there on that council if you continue to vote after you’ve already voted it down twice and you refuse to declare it. You have then taken over as dictator . . . He made a complete mockery of this system in order to achieve his desired outcome!” Montgomery contacted the state attorney general’s office, but was referred to the county’s district attorney’s office, which said the controversy was a civil matter.

At the November 9 press conference, Mayor Kincaid praised Sciortino. “Henry Sciortino is a very capable man. We have great chemistry, he has great skills, and I think he will do a great job for the city of Birmingham . . . What tainted this man is the yellowest form of journalism that I can ever imagine. [The story] reported what was in an answer to a lawsuit. He was the plaintiff. Seems to me that fair and balanced reporting would have [included] what he had in his rendering to the court as a plaintiff, and that would have balanced what had happened. And so the yellow journalism that you saw tainted this picture!” Kincaid continued in anger. “You also must realize that someone has a vested interest in this not going forward. There seem to be forces that have come together using our local media to try to derail this. Fortunately, the council saw through that.” &

City Hall — Hey Big Spender

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November 18, 2004On November 9, the Birmingham City Council approved the hiring of Henry Sciortino as the city’s financial advisor. Sciortino, the former president and CEO of Fairmount Capital Advisors, Inc., which had advised the city for the past three years, left Fairmount this past summer after a falling out with company chairman Rodney Johnson. According to a November 7 Birmingham News article, Pennsylvania court records indicate that Sciortino filed a civil lawsuit against Fairmount and Johnson on August 3, 2004. The article stated that “Johnson filed a memorandum in opposition to the complaint,” including accusations that Sciortino was involved in “mishandling more than $500,000.” In a press conference after the council meeting, Mayor Bernard Kincaid, who believed Sciortino was not fairly represented in the story, decried the article as “the yellowest form of journalism that I can ever imagine.”

At the November 9 meeting, the council voted to rescind a resolution it had approved on August 3, which contracted with Fairmount for $240,000 as financial advisors. Councilor Joel Montgomery voted “no” each time. Then the council voted on a resolution to contract with Sciortino’s present company, Triad Capital Advisors, Inc. (for $146,666), but the resolution failed due to only three “yes” votes from the seven councilors present. [Councilors Lee Loder, Valerie Abbott, and Elias Hendricks voted "yes." Councilors Carol Reynolds and Joel Montgomery voted "no," while Councilors Carole Smitherman and Gwen Sykes abstained. It takes four votes to approve an item when only seven councilors are present.]

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Councilor Abbott first questioned the Birmingham News piece during the meeting. “We certainly all saw the newspaper article, and it did raise a number of questions in all of our minds,” she said. “But we do have a contract that allows us to terminate if anything is discovered that causes us greater concerns.” She continued: “Until the lawsuit is resolved, we don’t know who’s right. And if we turn this down today we will be making a judgement on who is correct, and to me that would not be fair.” Abbott added that, in her opinion, “although interesting, [the article] did not include the entire story.”

“The most compelling argument for this is that there is a time constraint on this,” said Councilor Hendricks. “And at this point we do not need to be without a financial advisor. The financial advisor and the recommendation for a financial advisor is wholly in the purview of the financial department and the mayor. They’re the ones who use them; they’re the ones who have to be responsible for what they do.”

After the initial vote, Council President Loder appeared confused and refused to declare that the vote had failed until he could receive clarification that three votes were not a majority in this situation. He said he also wanted to give councilors the opportunity to reconsider their vote. Half an hour later, Loder called for the vote again, explaining that he now understood that a majority of four was needed when only seven councilors are present. By this time, Councilor Sykes had convened with Mayor Kincaid and Councilor Hendricks and switched her “abstain” vote to a “yes” vote.

Councilor Montgomery became livid. He told Loder that the first vote should have stood, but Loder replied that a councilor could change his or her vote at any time prior to declaration of the vote. [Loder has the option of declaring the vote, but the council can put up a motion demanding that he declare the vote.] Montgomery argued that reconsideration of a vote is the only way to ask for a vote again once a roll call vote has been taken. [Reconsideration can only be requested by the prevailing side, but there was no prevailing side on the first vote due to no clear majority.] Loder overruled Montgomery and let the second vote stand. Loder explained, that according to Roberts Rules of Order, the parliamentary procedure used by the council, Loder is authorized to retake a vote if he feels that the vote is “not clear or unrepresentative.” Loder added, “My job is to accurately reflect the will of this body. . . . I am satisfied at this time that the vote taken accurately reflects the will of this body.” Storming through the hall outside the council chambers after the meeting, Montgomery vowed to contact the district attorney that afternoon.

In an interview, Montgomery took issue with Loder’s explanation of his job as council president. “His job is not to reflect the will of the body. His job is to preside over that meeting,” said the councilor. “What he did was immoral. He stole $146,000 from the taxpayers of this city and nullified the representation of various districts up there by manipulating not only the Roberts Rules of Order, but also the process by which we deliberate up there!” Montgomery said Loder’s goal was to make sure he had the four votes needed to pass the item to hire Sciortino’s company. He expressed amazement that Loder didn’t know that four votes are needed when only seven councilors are present. “This man has been sitting on the council for four and a half years, and he doesn’t know that when you’ve got seven people up there that you need four votes for a majority?”

Montgomery continued his tirade: “He manipulated that vote; he kept going until he got the achieved outcome that the mayor of this city wanted. . . . What he [Loder] did was immoral and corrupt!” The councilor vented further: “You are circumventing the will of the majority of the councilors up there on that council if you continue to vote after you’ve already voted it down twice and you refuse to declare it. You have then taken over as dictator . . . He made a complete mockery of this system in order to achieve his desired outcome!” Montgomery contacted the state attorney general’s office, but was referred to the county’s district attorney’s office, which said the controversy was a civil matter.

At the November 9 press conference, Mayor Kincaid praised Sciortino. “Henry Sciortino is a very capable man. We have great chemistry, he has great skills, and I think he will do a great job for the city of Birmingham . . . What tainted this man is the yellowest form of journalism that I can ever imagine. [The story] reported what was in an answer to a lawsuit. He was the plaintiff. Seems to me that fair and balanced reporting would have [included] what he had in his rendering to the court as a plaintiff, and that would have balanced what had happened. And so the yellow journalism that you saw tainted this picture!” Kincaid continued in anger. “You also must realize that someone has a vested interest in this not going forward. There seem to be forces that have come together using our local media to try to derail this. Fortunately, the council saw through that.” &

A Soldier’s Story

A Soldier’s Story

By Ed Reynolds

November 04, 2004

Fifty-nine years ago my father, Jim Reynolds, angrily shouted four words that, had he not spoken them, I might never have existed. “Put that gun away!” he barked to the pilot of the B-24 Liberator he co-piloted while fighting in Europe during World War II. The bomber had just been shot down over Wesel, Germany, and Dad remembers the entire day—March 24, 1945—as if it were last week.

To the crew’s surprise, instead of receiving the usual 3 a.m. wake-up call that was standard on mornings when missions were scheduled, they had been allowed to sleep until 5:15 a.m. After breakfast, rather than being briefed on designated bombing targets while staring at the map of Europe referenced before each flight, the crew learned that the mission involved dropping supplies to paratroopers and glider troops who were landing behind enemy lines that morning. That explained why the Liberator’s bombardier would not be on board, and also why they would be flying at an altitude of only 250 feet once they got to the drop zone over Wesel. “At the briefing for the mission, we were told there would be little or no resistance from the Germans, and that our drop area would be secure,” my father recalls. He soon learned otherwise.

The supplies they carried were loaded into “pods” that hung on racks in the bomb bay area in the same manner as the bombs that were normally transported. Each pod was attached to a parachute that was opened by a static line. As the squadron of seven planes approached the drop site, the crew noticed considerable smoke and haze on the ground. “We began getting a little small-arms fire during the supply drop run, and we could hear it hitting the plane,” Dad explains. Suddenly the ground fire grew more intense as 20- and 30-millimeter shells began striking the aircraft. Lieutenant Jack Hummel piloted the plane while my father, also a lieutenant, watched the instrument panels for any sign of engine trouble. Dad soon noticed a fire coming from engine number three, which he immediately shut off as he shouted to the pilot that the plane was on fire. “I feathered the engine, cut off the gasoline supply to the burning engine, closed the cowling flaps, and cut the electrical switches. But the fire continued to burn,” my father says. “Jack hollered back that the number two engine had been hit, and the oil pressure was dropping.”

 

 

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B-24 pilot Lieutenant Jack Hummel (left) and co-pilot Lieutenant Jim Reynolds with the 513th Paratrooper Group the morning of March 25, 1945. The two pilots had spent the previous evening in a farm house near Wesel, Germany, as prisoners of war. (click for larger version)

 

The bomber’s air speed diminished considerably due to the supply drop, and the plane had great difficulty gaining altitude with two engines out. Hummel managed to get the plane back up to 500 feet before pushing the alarm button that signaled all on board to bail out. “Jack and I both knew there was no way we could get out before the plane crashed. I remember saying a short prayer,” my father recalls. Hummel spotted a field scattered with dead gilder troops and attempted to land. “I have no recollection of the crash after the airplane touched down, so I must have been knocked out for a few seconds,” Dad says. “The first thing I remember is Jack asking me if I was hurt. I told him I didn’t get a scratch and he replied, ‘Oh, yes you did.’ I then realized blood was running down my face, and the front of my flight suit was bloody.” My father’s forehead had been severely lacerated, and he learned later that his nose was broken.

 

“We suddenly noticed the ground kicking up around us and heard gunfire. We were groggy from the licks that caused our head wounds and did not realize that we were being shot at.”

Hummel and my father crawled from the plane through a hole that had been torn in the side of the aircraft during the crash. Dad went out first. The pair examined each other’s wounds while standing about 20 feet from the wreckage. “We suddenly noticed the ground kicking up around us and heard gunfire. We were groggy from the licks that caused our head wounds and did not realize that we were being shot at,” he remembers. “There was also a German ‘tiger’ tank about 50 yards from us. The firing stopped after one of our crew opened a parachute and waved it.”

That’s when Dad and Hummel heard voices behind them and discovered that not all of the crew had bailed out. Normally, the flight engineer would have been standing in the nose of the plane with my father and Hummel, but for some reason he was in the rear of the plane. Dad never figured out why the engineer was in the back, but that move saved his life. “It’s doubtful he would have survived the crash, since the top [gun] turret fell just where he would have been standing.” It was then that Hummel pulled his .45 automatic to shoot it out with the Germans, who outnumbered the survivors. Dad shouted at Hummel, “What the hell do you think you’re doing? Put that gun away!”

 

 

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B-24 Liberators from the 392nd Bomb Group on a bombing mission. The photo was taken from Lieutenant Jim Reynolds’ aircraft. The Liberator, used primarily in the Mediterranean during the war, was prone to catch fire when hit. (click for larger version)

 

Waist gunner Elmer Milchak had been killed while climbing from the waist window of the plane. My father vividly remembers the details: “Elmer’s body was removed from the plane [after the surrender to the Nazis], because there was still the danger that the fire would catch up and the plane would burn, which it eventually did. The best we could determine, the three missing crewmen—James Deaton, Bernard Knudson, and Ellis Morse—were not in the plane after we removed Elmer. Knudson was shot while parachuting from the plane. Deaton fell through the open bomb bay door after being hit by gunfire. He fell to his death. Before the German soldiers led us away, I said the 23rd Psalm over Elmer’s body.”

The Germans led my father and the other survivors across the field to a pair of farmhouses about 200 yards away. “We went into a room where there were several other soldiers, but they didn’t seem to notice us. After a few minutes, a soldier came over to me and told me to follow him. He led me into a room where there were two other Germans, one a captain and the other a corporal. The corporal did the talking. I told him my name, rank, and serial number. An aunt of mine had given me a small Bible with the metal shield, which I carried in the breast pocket of my flight suit,” my father recounts. “While I was being interrogated by the corporal, the German captain took the Bible out of my pocket and sat reading it. The corporal wanted to know if I spoke French. I said,’No, only English.’ The German smirked, ‘You are an officer in the American army, and you can only speak one language? I am a corporal in the German army and can speak five languages fluently. What do American schools teach?’” My father responded with his name, rank, and serial number, to which the corporal said, “We have ways of making people talk.” The Bible was placed back in Dad’s pocket by the captain, who looked at my father and said, “Lieutenant, he is not going to harm you.” A third soldier then led my dad to a room filled with dozens of wounded Nazis where a German medic treated my father’s wounds. The medic told Dad that if captured by the Allies, he wanted to be sent to the United States.

 

 

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The charred fuselage of Reynolds’ B-24 after it was shot down by Germans on March 24, 1945. (click for larger version)

 

Other Germans were rushing about, operating radio equipment; one soldier was pedaling a stationary bicycle attached to a generator that provided electricity. German soldiers began to burn military papers in a large metal barrel. A Nazi commander who my father thought was addressed by soldiers as “General” told him and Hummel that the Germans were leaving. He asked my father to tell the Americans that the crew had been treated well and requested that they reciprocate by telling their superiors to care for the German wounded that were being left behind in the farmhouse.

Soon American voices were heard, and Dad shouted, “There are G.I.’s in here!” Laughing, he explains, “I had seen too many movies where they threw a hand grenade into the room before checking it out.” The surviving crew members spent that night in a foxhole near the Rhine River. “I was about to freeze,” says my father. “A medic pulled out a quart of whiskey and told me to take a big drink. Since I’m not a drinking man, the drink took my breath away, and I started to cough. He covered my mouth with his hand so any Germans in the area could not hear us. We got no sleep that night.” Dad later discovered that his buddies back at the air base in England had given him up for dead and drank a few rounds in his memory, which they charged to him. He later refused to pay for the drinks.

True to the silent creed that most World War II veterans adopt, Dad rarely speaks of his war experiences. For years, his Purple Heart was kept in his top dresser drawer next to his socks, T-shirts, the family pistol, and his metal military Bible. As a child, I would sneak into my parents’ bedroom when they weren’t around and gaze at his medals. As my father grew older, he began to open up about “the B-24 crash.”

 

 

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To drop supplies to the 513th Paratrooper Division of the Ninth Army, which was pushing east toward Berlin in the spring of 1945, the 392nd Bomb Group of the Eighth Air Force flew from headquarters near Kings Lynn north of London, to Wesel, Germany, on the bank of the Rhine. (click for larger version)

 

Several years ago, a Liberator came to the Tuscaloosa airport, and I toured the plane with my father. He told the story of being shot down, pointing out where each of the crew had been stationed and how they had crawled from the wreckage. He showed me where Elmer Milchak had been killed. As he recalled telling pilot Jack Hummel to put away the pistol, he grinned and explained Hummel’s motivation for wanting to engage the Germans in a shoot-out: “Jack was from Texas.” &

Benefit for Gulf Shores Musicians

Benefit for Gulf Shores Musicians

 

November 04, 2004 

On November 17, the Moonlight Music Cafe will host a benefit for Panhandle musicians who performed at the fabled Flora-Bama Lounge in Gulf Shores. The ramshackle bar was made even more so after Hurricane Ivan huffed and puffed to blow the place down in September. Among the performers at the Sunday afternoon benefit (2 p.m. to 8 p.m. as of press time) will be Rock Killough, Rusty McHugh, Gove Scrivenor, The Larry Wilson Trio, Elaine Petty, and others. Proceeds will also be donated to various Gulf Shores charities. For more information, call 205-822-1400.