Category Archives: City Hall

City Hall Howlers

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City Hall Howlers

Contradictions, gaffes, slips of the tongue, and other wrongheaded statements from our local officials.

May 17, 2007
The Birmingham City Council recently took up the issue of ultra-bright digital billboards. Two such billboards currently exist in the city limits, and permits for two others are pending. On May 1, Councilor Valerie Abbott requested a moratorium until the city can update codes for electronic outdoor advertising. Councilor Miriam Witherspoon, however, is quite fond of the digital billboards, and here’s a couple of her reasons: “I find them to be very pretty. And I like pretty things. I don’t find them to be a distraction . . . There’s one near my law office and it happens to be at a red light, and I’m glad to be at the red light so that I can see every six seconds [the average length of each changing billboard message] what’s coming up! So I don’t see a distraction element no more than I see folks on the cell phones. I see young folks dancing to music in their car. I see automobile accidents on the side of the road and people completely get mesmerized and stop. So if we [sic] not going to put a moratorium on those kinds of things, why are we gonna hinder a business who is innovative?”
• • •
Toward the end of the May 8 City Council meeting during individual councilors’ reports, Councilor Steven Hoyt, who, with Councilor Roderick Royal, has been the most vocal in demanding that city contracts be awarded to minority-owned firms, said that the issue of minority inclusion has been neglected for quite some time. “If we gave every contract to every African-American for the next 100 years, we’d still wouldn’t catch up. So wherever juncture [sic] we have an opportunity to create opportunities for African-Americans, I’m going to do that . . . I’m clear about my purpose. God has placed me here to make a difference . . . This sitting council has done more towards minority participation than any other council in the history of Birmingham.” Hoyt concluded by criticizing an unnamed councilor who on three occasions “got up and walked out abruptly” during economic development meetings, a committee which he chairs.

When Hoyt finished, Councilor Carol Duncan was livid. “Let’s talk about it, Mr. Hoyt!” said Duncan angrily. “The two meetings I walked out of in economic development, I sat there as a barrage was being called [sic] white women! White women, white women, white women are getting the minority contracts! Well, baby, as a white woman, I got a little bit offended!” &

City Hall — In the Land of the Absurd

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In the Land of the Absurd

May 03, 2007

In recent months, the Birmingham City Council has found numerous ways to while away the first hour of its Tuesday meetings before addressing any substantive city business. (Birmingham residents can witness this on Bright House Cable’s channel 4 at 7 p.m. on Tuesday nights.) After Birmingham Police Chief Annetta Nunn recaps recent Birmingham crime statistics, the council passes out awards to various civic groups and area residents or observes presentations made by the same groups. True city business takes a back seat to what are usually fluff presentations. The council, however, defends placing such activity at the beginning rather than at meeting’s end (as has been done in the past) by saying that children have to get back to school and adults have to get back to work. Those residents in attendance concerned with more serious issues must simply be patient. Presumably, their jobs are less important to council members.At the April 24 meeting, the council recognized about a dozen Birmingham high school teens for their cooking expertise (it was National Healthy Schools Week). In addition to devoting more than 10 minutes to just one of several ceremonial displays, councilors voiced various “ooohs” and “aaahs” after each teen introduced themselves and named their favorite food to prepare. “Hey, my name is Shalita Irvin. My favorite dish is the breakfast casserole,” said one student. “Ahhhh, well all right,” said Councilor Steven Hoyt. Another girl said, “My name is Amber Jackson and my favorite dish is actually dessert, which is called Punch Bowl Cake.” This prompted Councilor Roderick Royal to say, “That’s some fancy cooks!” At least one student had a sense of humor. “My name is Erica Thomas and my favorite food is the cookie!” Councilors had no response, only blank expressions. Near the end of council meetings, but before local residents are each allowed a few minutes to address the council, each councilor spends anywhere from 2 to 10 minutes talking about events in their district or anything that strikes their fancy. In the months leading up to an election, councilors often use this time to climb on soapboxes and vent about various issues. Councilor Steven Hoyt frequently complains about the lack of minority participation in city contracts. He has recently expressed concern that bond agencies and banks with which the city deals do not have enough minority employees. During his 10 minutes, Hoyt denounced a local black attorney who stated that there were only four outstanding black attorneys in Birmingham. The councilor would not name the offending attorney in public. Councilor Roderick Royal shared Hoyt’s irritation and read a list of more than two dozen black Birmingham attorneys who in his opinion are well qualified, including Councilors Carole Smitherman and Miriam Witherspoon. After he had finished, a look of horror crossed Royal’s face as he realized he had left out the attorneys present at the meeting who work for the city. Royal quickly began adding their names to his list. &

Who’s on First?

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Who’s on First?

Your public official scorecard for the ongoing domed stadium debate.

April 19, 2007
As of April 13, Mayor Bernard Kincaid had no comment on the latest chapter in the ongoing soap opera involving Birmingham City Hall and the Jefferson County Commission about construction of a domed stadium, or “multipurpose facility” as Kincaid prefers to call it. Kincaid and Commission President Bettye Fine Collins had reached agreement a couple months earlier on a scaled-down version of the arena. Kincaid seemed confident that the facility would finally be constructed after more than a decade of debate. “When we met with the business leadership group, some of them wanted to see a business plan, which is being formulated as we speak,” Kincaid said at an April 10 press conference. “Upon its completion, I will then have them come back and present to the council, because it is a business decision, and hopefully at that point we can get the council to approve it.” The next day, the agreement between the Mayor and the commission president appeared to be crumbling when Collins announced that she would not support the arena unless the state legislature passes a bill that would keep in effect the county’s occupational tax. The tax is the county’s funding source for expansion of the Birmingham-Jefferson Convention Complex.

In February, Kincaid and Collins agreed on a facility smaller than the originally proposed 65,000 seats. The planned increase in exhibition space would be the same regardless of seating capacity. The BJCC board, which includes Kincaid and Collins, approved the proposal at a February 24 board retreat in Salt Lake City, Utah. Neither the Birmingham City Council nor the County Commission has approved the building of the proposed 40,000-seat arena.

Collins has previously opposed a domed stadium concept. She has since relaxed her previous opposition to football being played indoors at a multipurpose arena. Oddly, she refused to endorse the arena concept if the facility’s design allows for a future increase in seating capacity. BJCC executive director Jack Fields has said that

it would be too costly to retroactively increase the seating capacity if the arena was not designed with that option. Collins continued to balk at plans by Fields to spend $33 million of BJCC funds to add a 300-room extension to the adjacent Sheraton Hotel (also owned by the BJCC). Collins prefers that increased hotel space be paid for by private developers.

The Birmingham City Council had previously committed $8.8 million per year (for 30 years) for BJCC expansion when the facility’s proposed capacity was 65,000 seats. In February, after Kincaid and Collins found common ground for a smaller venue, Councilors Roderick Royal and Carol Duncan publicly supported the 40,000-seat facility. Councilors Carole Smitherman, Miriam Witherspoon, Steven Hoyt, and William Bell opposed the scaled-down arena (Smitherman has recently suggested that a “roof” be put over Legion Field). Councilors Valerie Abbott, Maxine Parker, and Joel Montgomery were undecided (Abbott and Montgomery opposed expansion proposals a year ago).

On April 16, the day before the County Commission was to vote on arena funding, several councilors elaborated on their stances. Abbott admitted she was leaning in favor of the project “if the sun, moon, and stars line up right,” adding that private investment for an entertainment district made building an arena more practical. Parker remained undecided, though she believed that it is not very pragmatic to limit seating to 40,000 with no expansion. “I don’t see what we’re getting for our full money’s worth with 40,000 seats,” noted Parker. Council President Smitherman has changed her mind somewhat. She now supports the smaller arena if improvements are also made to Legion Field. Witherspoon said she has not altered her position. “You always build a house with the anticipation of expanding,” said Witherspoon. “I don’t see the significance to building a domed stadium with a limited amount of seating without having the capacity to expand.”

The County Commission has committed $10 million annually, through 2008, to BJCC expansion. The commission also must approve the project, which would include extending the current annual payment until 2038. The county’s portion comes from an occupational tax that the state

legislature is considering for elimination. Commission President Collins said in the April 12 Birmingham News that it would be “foolish” for the commission to commit the money unless the legislature passes a bill guaranteeing the tax will remain.

Commissioner Larry Langford, a one-time proponent of a domed stadium, has stated he will not support a 40,000-seat arena that has no capacity to expand later. Langford has been critical of Kincaid and Collins for their newly formed close working relationship, since Kincaid failed to meet with him when Langford was commission president. Langford told the News that Collins and Kincaid had done little get their proposed arena accomplished since agreeing on the project.

Commissioner Shelia Smoot, who, like Langford, has voted for a domed stadium in the past, was initially undecided on the smaller facility, as was Commissioner Jim Carns. But after Collins began to back out of the deal, Smoot expressed her support for a domed arena. Langford reportedly now favors a larger arena with capacity exceeding 65,000. Carns shares Collins’ fear that the county cannot afford even the smaller facility without an occupational tax. Commissioner Bobby Humphryes has consistently opposed any domed stadium concept.

The cost for the 40,000-seat facility and related expansion is $505 million, whereas a 65,000-seat domed stadium would cost approximately $623 million. Governor Bob Riley has refused to commit state funds until the city and county approve the plan. As the time of this writing, the County Commission was scheduled to vote on April 17 on funding commitments for the arena. Neither arena proposals appear to have enough votes to pass. &

The Mayor fights the Council on a police pay raise.

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The Mayor fights the Council on a police pay raise.

 

October 19, 2006Two years ago, at a memorial service honoring three slain Birmingham police officers, Mayor Bernard Kincaid announced that he would make Birmingham police the highest paid police force in the state. As the city’s homicide rate soars, police and city councilors have criticized Kincaid for not producing a plan to boost police salaries. Kincaid insists that all city employees are entitled to simultaneous raises but says the city cannot afford that. “Pay increases, as I see it, and the way I’ve operated, have been for all employees. The public safety sector represents one-third of those employees,” says the Mayor. A 15 percent pay raise for all municipal workers would cost $30 million a year, according to Kincaid, which is nearly 10 percent of the city’s General Fund Budget. “If it were enacted, we would have massive layoffs of employees, we’d possibly have to close parks; there would be no funding for outside boards and agencies, and possibly libraries,” he warns. “Certainly there would be a hiring freeze that would have to go into effect. Virtually, it would just be catastrophic for the city’s operation if it were carried to its illogical solution.”

For months, Kincaid and the City Council have drawn swords over granting a 15 percent pay increase to police and firefighters. The Mayor had previously approved a $200 monthly uniform allowance for public safety personnel, which prompted grumbling from Public Works employees, who also wear uniforms. Kincaid then attempted to appease public safety workers by offering to petition the Jefferson County Personnel Board to convert the monthly allowance into salary. The Mayor touted the 20-year retirement plan offered to public safety personnel as “invaluable” when comparing officers’ pay to surrounding jurisdictions. But demands for a substantial pay raise remained, and on September 26 the City Council voted to give police and firefighters a 15 percent increase. Kincaid vetoed the Council’s action and a public outcry began. Two weeks later the Council overturned Kincaid’s veto. Councilor Roderick Royal summed up the frustration: “This city is under siege. And we don’t need to keep playing games, Mr. Mayor.”

“Police Chief Nunn reported that crime overall was down in the city, but homicides were up and, as you know, that’s the headline-grabber.” —Mayor Bernard Kincaid, expressing a rather lackadaisical attitude toward his constituents being murdered.

City under siege

If the current rate continues, the number of homicides in 2006 will far surpass last year’s total. According to Sergeant Allen Treadaway, a 17-year veteran who currently serves as president of the local chapter of the Fraternal Order of Police (FOP), staffing levels at the Birmingham Police Department are perilously low. He warns that Birmingham cannot afford to lose any more officers. “I have commanders throughout this department who tell me that it’s shorter now than they’ve ever seen it, and these folks have 25 or 30 years in,” said Treadaway. “My department is so short that I’m having to work a lot of overtime just to keep up. I don’t mind doing that. But you can’t do it forever. Folks need a break. And when you talk about morale and frustration, that’s where it builds.”

He cites statistics from previous years. “From 1990 to 1997, the city of Birmingham averaged 124 homicides a year. We had a high of 147 in 1991,” says Treadaway. In 1997, consultants from New York City evaluated and made several recommendations to the Birmingham Police Department. “The first year, 1998, Birmingham’s crime rate dropped dramatically across all categories of ‘part one’ offenses. That’s your rapes, your assaults, your homicides,” explains the sergeant. “For the next several years, Birmingham’s crime rate continued to decline, with homicides averaging only 76 a year compared to 124 the previous nine years. Last year, for the first time in eight years, Birmingham’s homicide rate reached triple digits—-105. The difference is, in 1998 the Birmingham Police Department had 882 sworn personnel on the streets. Today we have less than 787.” Another 18 officers are currently serving in the military, while approximately 15 policemen are reassigned to the airport following 9/11.

Treadaway continues: “With these shortages we cannot accomplish our goal of combating Birmingham’s crime problem. We cannot implement the crime-fighting strategies that we did in 1998 that saw these numbers go down . . . Homicide started [to increase] first. I have said that’s an indicator that other part one offenses will follow . . . The strategies that were presented to reduce crime in Birmingham here recently are no different from the same strategies that we implemented in 1998. The difference? We don’t have the personnel. Call the commander at any precinct.”

 

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Illustration by Nolen Otts. (click for larger version)

Kincaid disputes crime increase

“Reducing crime became the whipping boy for this,” was Mayor Kincaid’s assessment on October 10 after the City Council voted 7 to 1 to override his veto of increased police salaries (Councilor Valerie Abbott sided with the Mayor, and Councilor Maxine Parker was absent). “[Police] Chief Nunn reported that crime overall was down in the city,” said Kincaid. “But homicides were up and, as you know, that’s the headline-grabber. So with that as a backdrop, it seems to be the moment to push this forth, using that as the reason for doing it.” Kincaid continued to insist that the authority to recommend salary increases rested with him, not the Council, and said the matter would be settled in court.

During the Council meeting, Councilor Joel Montgomery was disappointed that “the Mayor has decided that he does not consider public safety in this city a priority nor the pay of our public safety personnel who protect you, the citizens.” Montgomery accused Kincaid of inciting upheaval within the ranks of city workers. “Our, quote, commander in chief, unquote, has decided that he is going to take our different employees in different departments and pit them against each other in order to beat this raise down,” said Montgomery. “I think the citizens should rise up and demand that we have a pay raise for our public safety personnel. And not only that, that we hire enough public safety personnel to put them on the streets to protect our citizens!”

As for where the city will find the money to finance the 15 percent pay increase for public safety personnel, Councilor Montgomery said the Council will hire a consultant to locate the funds. Regardless of where the money is found, Sergeant Treadaway believes that a competitive pay scale is the city’s only hope to combat crime. “We got a 2 percent pay raise. Trussville just gave a 6 percent raise, Fultondale just announced 5 percent,” he says, wearily. “We lose ground every time we argue this. . . . The problem, and what’s so unique to Birmingham, and why we find ourselves in worse shape than we ever have as far as retaining officers, is that the fastest-growing county in the Southeast is Shelby County. They also have some of the highest paid police departments in Alabaster, Pelham, and the Shelby County sheriff’s department. Now, with state troopers paying what they’re paying, and they’re going to double their staff levels over the next three years—they’re looking to add 300 state troopers—that is going to open up even greater opportunities for Birmingham officers [to leave the force].” &

City Hall — Dawn of The Living Dead

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March 23, 2006

The blight that seeps through Birmingham like the Blob looking for Steve McQueen has found an odd nesting place: the police department’s forensic lab at the city jail on Sixth Avenue South. Last April, Birmingham Police Chief Annetta Nunn announced that the forensics unit would be relocated to the fourth floor of the 1700 Building, the city’s sparkling new police headquarters on First Avenue North. However, a “$400,000 surprise,” as Mayor Bernard Kincaid refers to the cost overrun, arrived in the guise of unexpectedly high bids that have delayed completion of the final phase of the new forensics lab. Oddly, the “$400,000 surprise” came to the Mayor’s attention only three weeks ago.

For more than a year, departmental memos have documented the deplorable conditions at the current forensics building on Sixth Avenue. “There have been tons of those,” Kincaid said in reference to internal documents circulated for “alleviating this situation.” Complaints range from standing water [potential electrocution] and mold, to birds roosting on the top floors. Some employees at the forensics building are currently under instruction from the police department to wear a breathing apparatus while working there. Kincaid insisted that local forensic science has not been compromised, as the most vital work is conducted on the first floor, two floors below the worst leaks. The Mayor reassured reporters at a March 7 press conference (after the City Council had approved $482,000 to finish the new forensics lab) that the city’s current forensics situation was acceptable for another three months until equipment and personnel could be moved to the 1700 Building. “We understood that because of the leaks, and what Public Works [city department] fixed, the [forensics] building was leaking. Public Works did fix that. Again, it’s not leaking on the first floor,” said Kincaid, fumbling for an explanation and sounding determined to convince even himself that there were indeed leaks, which no doubt had been repaired. “We’re hoping that, given the dire straits in which we find ourselves, that there will be some accommodation, somewhere.” Kincaid added in seeming desperation. “We have not been able to locate a portable forensic lab that we could bring in.”

It’s amazing that the city’s forensic unit would be exposed to potential contamination for a week, much less for more than a year. Regarding the health of employees at the forensics lab, Kincaid is aware that the Fraternal Order of Police (F.O.P.) is not happy. Sgt. Allen Treadaway, president of the Birmingham F.O.P, said that the building’s conditions had been known for some time. “What we haven’t known is what came to my attention recently . . . the health issues as far as they apply to our employees working in that building,” said Treadaway. “We’ve got a female officer that has worked in that building and has had two miscarriages, one recently.”

He added that another officer has an upper-respiratory infection. “When we start distributing breathing apparatuses to employees, with the big canisters on the side, to wear when they’re in that building, that’s an indicator something is seriously wrong,” said Treadaway. “When we start having upper-respiratory examinations for all employees working in that building, that’s an indicator that something is wrong.” Treadaway wants testing done on the current building to be sure it’s safe for employees to continue working there until the new lab is complete. He complained to the City Council that the fourth floor of the 1700 Building has been available for several months with no work going on. Treadaway warned that construction delays are inevitable. “We were supposed to be in these new precincts [Southside and east Birmingham] a year ago, and there’s construction still going on,” said the police sergeant.

Kincaid was less than pleased, and somewhat tongue-tied, at the implication that hazardous working conditions had led to police officer miscarriages. “Quite frankly, to stand before the Council and to lay miscarriages on this without medical evidence is . . . what just happened and should not have.” Kincaid added, “The F.O.P. will probably bring forth several issues. We’ll probably have a flurry of those . . . We just look forward to a revved up level of activity by the F.O.P.” The Mayor was dismissive of questions about police lawsuits. &

City Hall

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March 09, 2006

William Bell Is Finally Back

Councilor William Bell’s District Five election win over incumbent Elias Hendricks four months ago raised more than a few eyebrows around the city. After having been chosen interim mayor when longtime Mayor Richard Arrington stepped down in 1999 several months prior to the end of his 20-year reign (the council president is next in line for the mayor’s position if the mayor steps down), Bell lost a mayoral runoff to present mayor Bernard Kincaid. Purportedly, the plan was for Bell to run against Kincaid as a pseudo-incumbent. Bell’s loss essentially drove a stake through the heart of Arrington’s powerful political machine, the Jefferson County Citizens Coalition. Most figured Bell’s political career in Birmingham was essentially over. Everyone, that is, except William Bell.

In his years as council president in the 1990s, Bell’s theatrics ran interference for Arrington in the former mayor’s weekly showdowns with former Councilor Jimmy Blake. Among Blake’s complaints were his objections to minority preference in a city that is predominantly black. Blake never backed down from his premise that whites were the real minority. So it was with great irony that minority hiring would initiate a showdown between Bell and Councilor Roderick Royal at the February 28, 2006 Council meeting.

Bell has been surprisingly quiet during his current tenure, maintaining a low profile that fulfilled his promise of humility upon return to the Council. His suggestions at committee meetings and his grasp of how city politics function have been mildly impressive. Fortunately for those who report on City Hall, William Bell appears to have eaten his last slice of humble pie, returning to his former high-profile, ready-for-a-fight persona.

At issue was the city’s hiring of All Seasons Travel to facilitate travel arrangements for the 198 neighborhood officers attending the 2006 NUSA (Neighborhoods USA) Conference in Kansas City in May. Birmingham’s representation at NUSA has been a source of controversy in years past, primarily because the city has, by far, the largest delegation, and many local citizens regard the trip as a waste of taxpayer dollars. Other past controversies stemmed from fish fries held by delegates on the balconies of their hotel rooms, which did little to erase perceptions that the city was being represented by a bunch of country yahoos.

Bell questioned why All Seasons Travel was the only company the city sought bids from. Jim Feinstermaker, chief of the Community Development Department, which oversees the neighborhood associations, replied, “We’ve worked with All Seasons in previous years, so we just went back to them.” Bell asked that the resolution earlier approved in the meeting be brought back before the Council for reconsideration, to allow bids from minority travel agencies that might also offer cheaper rates. Councilor Roderick Royal, who acknowledged that “it’s important to find minority participation where we can find it,” said the city had worked with All Seasons for more than 15 years. “Certainly, if there was concern, we should have been addressing it a long time ago. And I hope that falls on good soil,” added Royal, in what appeared to be a slap at Bell. Royal at one time was Bell’s administrative assistant before a rumored falling out occurred between the two.

“You know what, Madam President? That little twerp over there, he needs to get a life!” Bell exploded in anger. “I mean, I’ve sat here and let him shoot at me all these years. Now what happened here 15 years ago, I asked Mayor Richard Arrington the same thing [regarding minority hiring]. I’ve been consistent. When you look at all of the minority participation bills [in the past], you’ll see one name on there. None of the [current councilors’] names were on those bills passed in the past. You’ll see one name on there: William A. Bell!” At meeting’s end, Bell apologized for not attending a recent function at Lily Grove Baptist Church. He then added, “And I may want to apologize for something else, but let me think about it a little bit longer.” With her usual dry sense of humor, Councilor Valerie Abbott deadpanned, “I want a definition of twerp . . . I truly don’t know what it is.”
Council Approves Wal-Mart Corporate Welfare

Freshman Councilors Miriam Witherspoon and Steven Hoyt have made minority contract hiring a priority regarding tax incentives and cash payouts to those who wish to do business with the city. Hoyt demanded 20 percent minority representation for sub-contractors building the new Wal-Mart in the blighted Eastwood Mall location. Despite protests from Councilor Joel Montgomery and some city residents that there is no guarantee that Wal-Mart would stay in the location, many believe Wal-Mart will be an economic boon for Councilor Carol Reynolds’ District Two. The $11 million cash deal to purchase the Eastwood Mall property for Wal-Mart was approved unanimously by the council on February 28. District One Councilor Joel Montgomery, who was absent from the meeting due to his claims that he was sick, set a City Council precedent when he phoned from his sickbed to voice opposition to the Wal-Mart deal via the council chamber’s public address system. Reynolds walked out in protest when Montgomery began speaking. Council President Carole Smitherman properly refused to allow Montgomery to vote and went so far as to tell him he didn’t sound sick.

Montgomery remains angry that Wal-Mart left his district a few years ago to build a Wal-Mart Super Center in District Two, an arrangement that has caused a rift between Councilor Reynolds and himself. Reynolds has been a cheerleader for Wal-Mart, despite complaints from many nationwide that the mega-corporation fails to pay wages high enough to provide health insurance for many employees. Reynolds, who is employed by the Birmingham Water Works and recuses herself from Water Works issues that come to a vote by the Council, has been vocal in the past about encouraging Water Works employees into a union. But despite her rallying behind Wal-Mart, she’s savvy enough to hedge her bets with the odd statement: “I’m not a huge fan [of Wal-Mart] I’m a K-Mart girl.” &

City Hall — Kincaid Expresses Doubt About Police Roadblocks

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January 12, 2006

Approximately five years ago, Birmingham police routinely set up roadblocks at various intersections to check driver’s licenses, verify vehicle tags, and, presumably, scrutinize drivers who might appear intoxicated. Oddly, as soon as thriving business establishments opened at two of the several inspection points, roadblocks stopped. Eventually, other roadblocks ceased after former police Chief Mike Coppage left the city to go to work for the state.

With the city of Birmingham’s 2005 homicide rate nearly double that of 2004, and the number of muggings and armed robberies in the Southside and Lakeview districts (some in broad daylight) on the rise (police and city officials dispute that armed robberies and muggings have gotten worse), roadblocks would seem to be a common-sense approach to perhaps getting control of an ever-present danger.

The first two days of 2006 included two more homicides, and police have recently been quoted as saying they have no control over what people who carry guns do with them. Mayor Bernard Kincaid has noted on several occasions that most of the homicides are domestic-related and questions whether police can deter disputes that occur in homes between acquaintances. “Some of the issues seem to be beyond our control,” Kincaid said at a January 3 press conference. “The chief [Birmingham Police Chief Annetta Nunn] reports to me that there were two phenomena that characterized what happened in 2005. First of all, the crime rate in the city was down at last report. Secondly, that homicides went up, and there were two disturbing factors about that: The large percentage of those homicides were black on black. And that they were acquaintances, they were not strangers killing strangers. If any intervention is sought, it has to deal with interpersonal relationships—anger management and conflict resolution.” Kincaid said Nunn is currently working on a proposal that will be unveiled the second week of January.

When asked if roadblocks would ever be brought back into regular use, Kincaid said probably not. “That’s fraught with a lot of issues that I wouldn’t want to sanction at this point,” explained the Mayor. “The issue of whether roadblocks are deployed becomes an issue of whether or not it’s the beginning of racial profiling. All of that issue came up before. The negative side of that seems to outweigh the positive benefit. We have things like project ICE—that’s ‘Isolate the Criminal Element.’ Stiffer penalties are attached to gun crimes and that kind of thing, the illegal possession of guns.” Kincaid added that the city has also been working with the Drug Enforcement Agency to see what the city’s role should be in conjunction with the DEA and other task forces. &

City Council Imposes Fee for Fence Erections

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City Council Imposes Fee for Fence Erections

 

January 12, 2006

On January 3, the Birmingham City Council passed an ordinance requiring that permits be obtained before landowners construct fences and walls in their front yards. A $25 fee will also be required. As Councilor Valerie Abbott put it, “Right now [the fence ordinance] has a lot of holes in it.” Abbott, who chairs the Council’s zoning committee, cited the large number of violations regarding the heights of fences, especially those with towering decorative items placed on posts at gate entrances. “We wanted it to be a very low fee so that anyone could afford to do it,” said Abbott. “We’re expecting that, for the most part, the fence companies will be paying that fee. But every once in a while an individual will put up their own fence.”

She failed to add that the cost of a permit would simply be passed on to the consumer. The ordinance increases fence heights to a maximum of four feet, while posts can now be up to five feet tall. The councilor added that currently no permit is needed to put up a fence, and a fee is necessary to handle the legal process residents will be forced to go through, which includes a fence inspector. Landowners can currently be cited for having front yard fences too high.

We are only talking about $45,000 generated for the city from fence fees. There is nothing that we can do with $45,000 for the city.” —Councilor Roderick Royal

Councilors Joel Montgomery, Miriam Witherspoon, and William Bell all support the regulation of fence heights but did not vote for the ordinance due to their opposition to the fee. “I can’t support this ordinance. I have no problem with any part of it except the $25 fee. If someone wants to put a fence on their property, I think we have inspectors that can go out and do that without charging our citizens an additional $25,” Councilor Montgomery said.

It lets us get to the installation before the fact,” explained Planning, Engineering, and Permits Department chief Bill Gilchrist. “Once a fence has been installed that’s out of code, out of ordinance, it’s very difficult to get it back in line.” Mayor Bernard Kincaid added that the ordinance is not a revenue-generator but merely offsets, in part, expenses incurred by inspectors who have to go out and examine the fencing.

Noting that $25 was a lot of money to some, Councilor William Bell was worried that the fee could become a revenue-generating issue as opposed to an enforcement or compliance issue. “I don’t want to be perceived as the Council putting a hidden tax on people out there in the community,” said Bell. Councilor Roderick Royal disagreed, arguing that the fee should not be a problem. “I don’t know how we can manage to turn something simple into a complicated matter . . . We are only talking about $45,000 [generated for the city from fence fees]. There is nothing that we can do with $45,000 for the city.” Royal said he had a relatively small fence installed that cost $900. “If you’re going to put a fence up, chances are you’re going to have $25 . . . If the word ‘fee’ bothers you, let’s just change the word.”

Councilor Carol Reynolds expressed disgust over the unsightly fences she has observed while riding through neighborhoods. “You see everything from sheet metal to chicken wire. It’s phenomenal what is out there. I understand the need for fencing. But I also understand that we are a Council that has made a commitment to be proactive in our decisions rather than reactive.” Reynolds said it would be cheaper for residents to simply pay a $25 fee rather than having to dig up the fence later to get into compliance. &

 

Railroad-Park-Threatened

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Railroad-Park-Threatened

December 29, 2005

Mayor Bernard Kincaid is insulted by a current butting of heads over a railroad park proposed for construction between 14th and 18th streets along First Avenue South. The city of Birmingham and Friends of the Railroad District [FORRD] are engaged in a power struggle over who will oversee development of the park which will include a two-acre lake, restaurant, small beach area, railroad museum, picnic areas, and a carousel. At press time, Giles Perkins, president of FORRD and a member of Birmingham City Council President Carole Smitherman’s recent re-election campaign, said the city and FORRD were not far from reaching an agreement.

“Perkins e-mailed my chief of staff [Al Herbert] . . . and said that we’re not very far apart,” said Kincaid. The Mayor has bristled at notions that FORRD should control the project. “But for Bernard Kincaid, we wouldn’t have the master plan that gave us this . . . We birthed this into creation. Not that I’m trying to take ownership, but I birthed this baby. And I’m not about to give it away. I’m willing to work with anyone to help me raise it. . . . I have invested an awful lot into its creation and guiding its creation.” At the December 13 City Council meeting, Councilor William Bell told Kincaid, “If we’re going to allow private developers—or a private group to come in and work on this, then they need to be given a free hand to the extent that they can go out and raise funds, to the extent that they can make decisions without—no offense—getting bogged down in the bureaucracy of city government.” Bell explained that there is no reason to work with the FORRD group if the city wants to control the project. “I’m a proponent of if we’re going to bring in private dollars, then we need to give them the kind of free hand that they need,” added Bell.

Kincaid responded that many investors will not fund the project if the money does not go to the city, especially the $2.5 million the Jefferson County Commission pledged on December 15. “What’s at issue, quite simply, is control. It is a city project, it’s city-owned property,” said Kincaid.

We didn’t start this project with someone else taking charge of it. In my opinion, that’s the tail wagging the dog. We welcome others helping us to raise funds to consummate the project, because it can not be done just out of city funds. We’re going to need private sources . . . So it then becomes incumbent upon us to strike an agreement such that those funds that can come to us, and they come to us because there is the perception that there is some oversight on our part and some guiding of this project by the city of Birmingham and its professionals.

The County Commission invited the entire Council to a December 15 presentation by the city to the County Commission, which in turn approved its $2.5 million match to that of the city. Only Councilors Joel Montgomery and Miriam Witherspoon attended the meeting, though the entire City Council is in support of the railroad park, with reservations. At the December 13 Council meeting, Councilor Roderick Royal complained that projects without the County Commission often do not work out. “I’m not at all against the project,” said Royal. “I think my biggest problem is that we’ve had so many arrangements that the city always gets caught holding the bag . . . We had the zoo. We had the regional thing that we were going to turn it over to the Friends of the Zoo. We’re still funding the zoo.” Royal added that the Friends of Avondale Park never wanted to take over Avondale Park. “Nobody wants to be a Friend of Legion Field. If you really want to do something, help Legion Field.” The comment brought a run of snickers from the Council chambers.

Giles Perkins, present of FORRD, told the Council that the project was modeled after a contract in Asheville, North Carolina, that he was alerted to by members of the Mayor’s steering committee, who planned the railroad park project. Perkins agreed with Councilor Bell that “to raise private sector money we have to have the appropriate authority to commit that the dollars are going to be spent the way that they have been pledged.” Negotiations have gone on for a year. Perkins, an original board member of the Birmingham Zoo when it went private, told councilors that his group is committed to the vision of consultants hired by the city to make preliminary designs of the park.

At the Finance and Administration committee meeting on December 12, Perkins told the Mayor and Council that FORRD would be happy to develop it and turn it over to the city. “That’s just the reciprocal [sic] of what should happen,” Kincaid said at the Council meeting the next day. “The city should develop it and then do as we did with Vulcan Park Foundation or with EBI—the zoo. We did it! We got it where it needed to be. We ushered it through all the processes, then we turned it over to an entity, not the reciprocal [sic]. And that’s what’s being asked for now.”

The Council voted to put $2.5 million into the project with stipulations that the Mayor update them on negotiations with FORRD by January 16, 2006, before presenting a final agreement by January 30, 2006. &

City Hall — Kincaid Dismisses Council “Electioneering”

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September 22, 2005

Kincaid Dismisses Council “Electioneering”

“Who’s on first?” Mayor Bernard Kincaid responded when asked about the Birmingham City Council’s reaction to the demand by taxi drivers that cab rates be increased due to rising gasoline prices. Earlier that morning, the Council had delayed a vote allowing local cab drivers to increase their rates with rising fuel costs. The taxi industry previously presented a petition to the Council’s transportation committee, threatening bankruptcy. Councilor Carol Reynolds, chair of the committee, said the cab industry was essential to the area as a supplement to inadequate public transit. A proposed fuel surcharge of $1 will be waived for senior citizens 60 and over. Also proposed is a 50-cent increase over the current $2.25 for each first quarter-mile, with another nickel for each additional quarter-mile (currently at 40 cents each). One American Cab Company driver who owns his cab told the Council he was spending $150 a week for gasoline. But angry citizens denounced any increase in rates without a public hearing. The Council delayed the vote until the following Tuesday so the public could express concerns at the next meeting. “[Cab drivers] can’t operate according to supply and demand. They can’t raise their rates,” explained Councilor Valerie Abbott, describing the drivers’ plight as “desperate straits.” Only the City Council can adjust taxi rates, which have not been increased since December 2000.

After the meeting, Kincaid said the Council should have been prepared to vote on the issue without resorting to delays for public input, having been aware that the rate increase proposal was on the horizon. “This is clearly an election year,” complained Kincaid. “And I can’t imagine the Council hearing from the public, who is going to decry any increase in the rates. And they’re still being left with having to make a decision about whether or not they will provide the economic relief that the cabs of the systems in the city need.”

Irate over the Council’s campaign grandstanding with an election four weeks away, Kincaid said attaching public hearings to the rate increase doesn’t change the needs of the cab drivers. “You’re not going to have a horde of people coming up saying, ‘I support raising cab rates.’ It’s not going to happen.” The Mayor said that in a “representative democracy,” councilors must realize that tough choices have to be made. “The electioneering that you saw, and the ‘Who’s on first?’ chapter that you just witnessed, doesn’t solve the issue. It’ll be back next week . . . and I guarantee you not one [constituent] will say, ‘I want the rates raised.’ And they’ll [the Council] still be pleased with the fact that we have a taxi cab industry in Birmingham teetering on the brink of collapse . . . So who’s on first?”

 

“I’m riding a bicycle to places right now, because gas is just that high.” —City Councilor Bert Miller, empathizing with cab drivers before postponing a vote to increase cab rates

“While gasoline may be your problem, it’s everybody’s problem,” Councilor Joel Montgomery told a contingent of drivers and officials representing the taxi industry at the meeting. “I think you’re going to have a serious problem with this if something’s not done about gasoline prices in this country, period. I don’t care what industry you’re in. The public’s not going to have the same ability to come before this body and have their salaries raised . . . to offset the expense of taxi cabs.” Montgomery said he had not made up his mind on the increase. Councilor Carole Smitherman expressed concern about drivers asking the elderly for proof of age, while Councilor Reynolds feared the worst if taxis quit running. “If these gentlemen go off the road for one day, with the inadequate transit system you have, it will be chaos,” said Reynolds. “People will not be able to get to work.”

Councilor Bert Miller, however, agreed with Montgomery. “This is your chosen profession, and there are consequences, you know, that we all have to face,” said Miller. “So next week, will we have a thousand folks here asking us to raise their salaries, also?” Miller acknowledged empathy with the cab drivers, commenting, “I’m riding a bicycle to places right now, because gas is just that high.”

City Doles Out $25,000 to be on ESPN 2

 

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The city of Birmingham paid $25,000 to ESPN so cable channel ESPN 2 would televise the September 3 football game between Alabama State and South Carolina State at Legion Field. The telecast was the first of three annual ESPN-affiliated broadcasts from Legion Field featuring schools from traditionally black athletic leagues, the Mid-Eastern Athletic Conference and the Southwestern Athletic Conference, which has headquarters in Birmingham. The game was billed as the MEAC-SWAC Challenge, which South Carolina State won 27-14 before a crowd reported at 18,000.

The Birmingham City Council approved the expenditure at the September 7 Council meeting, delayed from a scheduled previous meeting that had been canceled due to Hurricane Katrina. Afterwards, Kincaid was obviously unhappy that benefits to the city through ESPN advertising were less than satisfactory. Kincaid said before the city forks over $25,000 each of the next two years remaining on the contract, he expects the cable network to comply with certain stipulations. “They’re going to have to advertise on black radio. There wasn’t enough advertising in black media to suit me,” said the Mayor. Kincaid said he informed ESPN officials on game day that “it was unconscionable to come into this market and not advertise on black-owned radio.” Kincaid elaborated, “There are advertisements that went forward on white-owned black-formatted radio . . . I will refuse to honor [contract requirements] unless and until that happens.” &