Category Archives: City Hall

City Hall — Transit System Threatens Halt

Transit System Threatens Halt

August 25, 2005

The Birmingham Jefferson County Transit Authority (BJCTA) is warning that public transportation may shut down August 31 if the Metro Area Express (MAX) does not receive $2.8 million owed by the city of Birmingham. Of the money owed, $1.1 million is a fiscal year 2003 debt the city has not paid, while the other $1.7 million is for current services in 2005. The BJCTA’s 2006 fiscal year begins October 1, 2005. Phil Gary, chair of the MAX board of directors, said the agency was not aware of the financial crisis until the first week of August, after a recent audit.

At a Birmingham City Council transportation committee meeting on August 17, MAX representatives presented the information to the Council for the first time. Surprised Council members were concerned but said it was the responsibility of the Mayor’s office to execute payment for what the Council had already approved. “The money is there,” said Councilor Elias Hendricks, and transportation committee chair Carol Reynolds told MAX representatives that the issue would be taken to the Mayor. In addition to Reynolds and Hendricks, Councilor Valerie Abbott was also present. None of the three would offer an opinion about the failure of the Mayor’s office to make payments to the BJCTA.

 

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“The Council has approved the FY2003 payments to the MAX agency, as well as the 2005 payments,” said Phil Gary. “We need the executive office to authorize the finance department to write a check so that we don’t have to stop services . . . It would be a tragedy not to be able to run paratransit [the transit services provided for those with medical needs and disabilities].”

Interim MAX Executive Director David Hill, a former MAX operations manager, said that the $1.9-million surplus MAX reportedly had did not really exist. The miscalculation occurred because lump-sum payments to the transit system had been made at irregular intervals, giving the appearance of more money in reserve than what existed. Citing past “creative accounting” practices, Hill added that there was no three-month reserve supply of money, as had been reported. He blamed the poor bookkeeping on the failure of the MAX board to add a financial expert to the staff. “We had no CPA or accounting professional at all on our staff to provide accurate financial reports,” explained Hill. MAX has since hired a CPA as the new comptroller.

At a specially called MAX board meeting (convened hours before the transportation committee meeting), board member Reginald Swanson demanded to know what authority Birmingham had to delay payments. Swanson demanded that the board take the matter to court as soon as possible. New board member Guin Robinson urged the board to let the city of Birmingham respond before taking legal action. Swanson argued that the transit system was only two weeks away from ceasing operations and said the litigation should proceed if the board got no satisfaction from the Council later that afternoon. Phil Gary was equally irate. “I think it’s appalling that the city will not remit to us [money owed] for services provided,” said Gary. MAX board member Johnnye Lassiter, who represents Bessemer, added, “I would hate to have to go to Bessemer and tell them the system will shut down because the Mayor of Birmingham is not paying his bills.”

In December 2004, the MAX board ended a two-month drama regarding the fate of former Executive Director Mark Stanley. As the director for two years, Stanley boosted ridership, increased routes, added night and weekend service, and increased revenues. But MAX chief Phil Gary criticized Stanley’s financial and staffing management and said Stanley deserved no credit for public transit improvements. After an initial vote last October to fire Stanley, the four dissenting board members refused to attend subsequent meetings to confirm the vote. This prevented a quorum in light of the absence of board member Reginald Swanson (who was in favor of firing Stanley) due to hospitalization. Eventually, a quorum showed, and Stanley was voted out five to four. The minority in support of Stanley then asked for Phil Gary’s resignation, which was voted down. Critics have blasted Gary for wanting Stanley out, saying that Gary—a former MAX general manager who was asked to resign at the board’s request in 1995—can micromanage the agency as he pleases. It should be noted that under Gary’s management, MAX lost money, cut routes, laid off drivers, and increased fares.

Birmingham currently provides $6 million of the $16 million MAX annual budget. The city appoints five of the nine MAX board members. Birmingham Mayor Bernard Kincaid, who was invited to the August 17 transportation committee meeting but was on vacation and did not attend, later said that MAX invoices from 2003 and 2005 had not been submitted. Phil Gary insists that the invoices were turned in. &

 

City Hall — Changing of the Guard

Changing of the Guard

By Ed Reynolds

Outgoing Birmingham City Councilor Elias Hendricks went down swinging November 15 as the Council delayed a resolution backed by Mayor Bernard Kincaid regarding the annual Fall Carnival and Spring Fling fairs held at the Fairgrounds. Hendricks lost a bitter runoff to former Council president and one-time interim mayor William Bell by less than 200 votes several weeks ago. With the possible exception of Joel Montgomery, Hendricks was the councilor most prone to butt heads with Mayor Kincaid. Touting the carnival issue as his “last official act as chairman of the Finance and Budget Committee,” the councilor seemed to relish one final staredown with the mayor’s office.

Mid America Shows, Inc., which manages the two carnivals held at the Fairgrounds each year, is seeking to merge with another midway provider, Mid America Shows Delaware, Inc. The resolution does not affect the terms of the contract with the city and only changes the name on the contract to that of the new vendor. Hendricks, who often complained about difficulties getting information on a timely basis from the Mayor’s office, claimed that requested information on the fairs’ financial status had not been delivered. The councilor said carnivals must be financially viable. “Doing things that you did in the past without any regard to what the financial burden of the subsidy puts on the general public is not the way to go,” said Hendricks.

“The Spring Fling comes closer to breaking even . . . It’s more costly to conduct the fall fair,” Terry Burney of the Mayor’s office told the Council. He agreed with councilors that the Fall Carnival was being subsidized, prompting Kincaid to grow agitated. “[The fair] wasn’t designed to be a big profit-making entity!” said Kincaid. “It provides services for our citizens.” The city’s current contract with Mid America runs through 2007. Carnivals at the state fairgrounds in Five Points West have been poorly attended for years, much to Councilor Carole Smitherman’s dismay. “There are always more police at the fair than people,” noted Smitherman. “So I want to make sure that we actually made some money before we go into another contract with an unknown principle.” Mayor Kincaid again got irritated, replying, “I think it’s a good thing having the police officers there. It allays the fears of people coming [to the fair].”

 

I went from Dreamland Barbecue to the dream job”The meeting ended with departing Council President Lee Loder lavishing praise upon each councilor. “It has been a wonder to serve with you,” Loder said to Councilor Montgomery. To Councilor Gwen Sykes: “You are to be commended for your work and your savvy style.” The pontification had only begun. For the next 45 minutes councilors saluted one another ad nauseam. Councilor Smitherman said she has been thrilled to sit next to Elias Hendricks on the council dais due to his gentlemanly manners, including pulling out her chair whenever she sat down. “If he had some mints, he’d offer me one,” Smitherman explained. “We just had a bond between us.” Departing Councilor Bert Miller, who has never wasted an opportunity to grandstand, embraced his last hurrah.

“I went from Dreamland [Barbecue, where he waited tables] to the dream job,” said Miller, who decided against seeking re-election after controversy arose regarding $25,000 he secured for a concert that never happened. Miller, who filed for bankruptcy approximately one year ago, readily admitted he was somewhat lazy on the job. “I can admit I didn’t read a lot of stuff,” said Miller.

“Didn’t care about all the meetings. But I did care about the people of Birmingham.” The councilor added that he will be writing a book called My Time at the Hall.The pre-inaugural party the night before the new City Council was sworn in was sparsely attended. Among the highlights were the ice sculpture molded after the official Birmingham city seal and the name of one of the evening’s scheduled performers: Epiphany Cherry. Birmingham-Southern Chancellor Dr. Neal Berte gave the featured speech, admonishing councilors to work in cooperation. Mayor Kincaid and his former nemesis, newly elected Councilor William Bell, embraced, eliciting a roar from those in attendance. The next morning, a woman snuck a cowbell into the Council chambers, which she rang with gusto as William Bell was sworn in. Half an hour later, the new City Council convened to elect a council president.

Carole Smitherman won unopposed [it was speculated that Bell would challenge her]. Freshman Councilor Miriam Witherspoon was elected president pro tem over Valerie Abbott, who voted for Witherspoon because she could “see the handwriting on the wall” as councilors’ votes sided with Witherspoon. Perhaps Abbott was atoning for her near-unpardonable sin four years ago when she and Joel Montgomery supported Gwen Sykes for Council president. Carole Smitherman immediately made a power grab: she combined the Finance and Budget, and Administration committees into one committee, then appointed herself to chair the new committee. Later that morning during the Council meeting, Smitherman pledged her loyalty to the Mayor, a pledge she’ll no doubt break in two years when she challenges Kincaid in the mayoral election as she did two years ago.

City Hall — Bert Miller Under Investigation

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In March of this year, internal audit and compliance director Etta Dunning urged that Birmingham City Councilor Bert Miller be investigated regarding a $25,000 expenditure for a concert that never took place. Dunning asked that the U.S. Justice Department and the Jefferson County District Attorney’s office look into the matter. Concern had been raised earlier this year about a lack of accountability for the more than $400,000 the city annually hands out to arts and cultural groups.

Miller is chair of the Parks and Recreation Cultural Arts Committee, which supervises the arts executive committee. The councilor claimed the executive committee approved $25,000 for a concert promoted by Teen Rock International, Inc. But several months ago committee members denied that the $25,000 had been approved, or that Teen Rock had even made a presentation to the committee. Bert Miller nonetheless added the item to the City Council agenda, after which the Council voted for the expenditure 7 to 2, with Councilors Joel Montgomery and Carol Reynolds voting against it.

“The money was approved by the full Council . . . Once it leaves the City Council’s dais, and was approved by the Council, I’m through with it . . . I don’t know what happened after that.” —Councilor Bert Miller

A report prepared by Dunning’s office said the $25,000 should be paid back to the city by Miller and two individuals affiliated with Teen Rock. The report also stated that an accompanying workshop was never conducted.

Birmingham Mayor Bernard Kincaid said he will ask the Alabama Ethics Commission to investigate Miller.

On Tuesday, July 19, Miller held an impromptu press conference outside his office at City Hall. “I’ve done no wrongdoing,” said Miller. “The Mayor and city attorney had different opinions. They had a prosecutor who’s a friend, and I think it’s a political witch hunt.” When asked about his absence from recent council meetings, the councilor grew angry. “I’ve been ill. I stated in the record, I’ve been in Brookwood Hospital; I almost lost my life! Do they have any consideration for that? I was sick! I had a heart virus! Make sure that’s on TV, OK? I was told by my heart doctor not to come [to council meetings]!

Regarding any awareness on his part about impropriety by Teen Rock, Miller again grew angry and said, “Once it leaves the City Council and is voted on by the full Council, I’m through with it. Let’s go on to the next item!” Miller added, “The money was approved by the full Council, and that’s where the buck stops . . . Once it leaves the City Council’s dais, and was approved by the Council, I’m through with it . . . I don’t know what happened after that.”

 

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Miller announced last year that he was bankrupt. In recent years, he has claimed to have given away thousands of dollars to help poor residents pay bills. On some occasions, he drew names from a bowl in his council office to decide who would receive the money. During public appearances, Miller sometimes handed out fistfuls of cash to screaming women as if he were a game show host. Newspaper headlines often touted Miller as the “money man.” &

 

City Council Approves Sears Building Purchase

City Council Approves Sears Building Purchase

June 30, 2005 

On June 14, the Birmingham City Council voted to spend $1.525 million to purchase the former Sears building in downtown Birmingham. Joel Montgomery was the only councilor to vote against the transaction. The dilapidated building, owned by Barber Properties, has been appraised at $3.05 million. The Birmingham Entrepreneurial Center, currently housed in the former Tillman-Levinson building, will pay the remainder of the purchase price. The Entrepreneurial Center will combine with UAB’s Office for the Advancement of Developing Industries [OADI] to move into the Sears structure after $12 million in renovations have been completed.

UAB has decided to close OADI, currently located in Oxmoor Valley. OADI Executive Director and Entrepreneurial Center President Susan Matlock said it has been difficult trying to attract to Oxmoor Valley any emerging businesses that result from technology commercialized by UAB. She added that UAB faculty affiliated with OADI had complained that the distance from campus to the Oxmoor location was a detriment to the process. Al Herbert of the Mayor’s office echoed Matlock’s observations about proximity, adding, “The tenants [at OADI] are displeased with the amount of travel time from the facility to downtown [Entrepreneurial Center].” OADI and the Entrepreneurial Center have been associated for approximately two decades.

Upon finalization of the transaction, the city will deed the purchased Sears property to the Entrepreneurial Center, according to guidelines stipulated in securing the $12 million loan. Part of the funding involves new market tax credits, which require that the Entrepreneurial Center spend all the funds by the end of the year following the one in which the money is borrowed. The city has the right to buy out the Entrepreneurial Center’s half of the initial $3.05-million purchase should the business incubator fail to secure the loan. If the Entrepreneurial Center sells the property to an unrelated third party, the city is entitled to recoup its investment plus 3 percent interest.

“I think $2.5 million to get 1,000 people to working is pretty good numbers.” —Councilor Carole Smitherman

Matlock said OADI and the Entrepreneurial Center have generated $1 billion in economic impact when applying economic multipliers, in addition to the revenue produced by industries in the business incubators. The “multipliers” reflect money turning over in the local economy, according to Matlock. Once the two incubators move into the Sears building, income of the expected 65 businesses that would be housed there is projected to be $334 million, with an additional $664 million when economic multipliers are factored in. Matlock said more than 1,200 are expected to be employed by the incubator. When asked how the new Entrepreneurial Center would be affected should businesses from OADI relocate elsewhere upon closure of the Oxmoor facility, Matlock said there have been 70 to 80 applicants per year for the business incubators over the past 20 years that the entities have been in operation. She did not feel that filling the new incubator should be a problem.

“I think $2.5 million to get 1,000 people to working is pretty good numbers,” said Councilor Carole Smitherman, who had been skeptical of the project during the June 6 finance and budget committee meeting. “If we’re going to capture the creative class and give them a place to work, to invent their ideas and make them work, I want to make sure that Birmingham is that place. What we are doing is fighting a battle every day to keep our young people in Birmingham.”

Councilor Roderick Royal questioned the wisdom of paying the fair market value for a property no one wants. (The Sears building has been an eyesore for well over a decade.) Royal, who supports the project, suggested, “I don’t think we ought to be paying for something, certainly at the appraisal price, that nobody else wants or has any use for at this time.” Councilor Joel Montgomery had asked for information from the city’s revenue department on June 10, regarding which graduates of the business incubators were paying property, sales, and occupational taxes to the city. As of June 20, Montgomery still had not received the information he requested. &

City Hall — Ready to Rumble

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June 16, 2005

In lashing out at legislators who appear ready to change the makeup of the Birmingham Water Works Board, Mayor Bernard Kincaid may have kicked up more sand than rate-payers are prepared to swallow. Drawing lines in the regional sandbox that purchases water from the Birmingham system, Kincaid compared the plans of five Jefferson County state lawmakers to actions on par with “Jesse James.” The legislators—Jabbo Waggoner, R-Vestavia Hills; John Rogers, D-Birmingham; Eric Major, D-Fairfield; Jack Biddle, R-Gardendale; and Steve French, R-Mountain Brook—want to make the Water Works a regionally controlled entity. They insist that the board be expanded to include a more comprehensive representation of the area. Approximately 25 percent of the state uses Birmingham water.

The Mayor angrily dared surrounding municipalities to start their own systems if they didn’t want to purchase water from Birmingham. Apparently intent on taking jabs at every side, he then compared the contentious Water Works Board—whose outrageous salaries and unbridled rate increases have sparked outrage—to children. The Water Works Board voted unanimously on May 26 to increase rates by 6.5 percent, beginning July 1. Controversy has ensued, as the board claims rate increases are necessary because less water is being used. Several years ago, the board wanted to boost rates because too much water was consumed. Future rate increases are projected for January 2006 (8.75 percent) and January 2007 (7.75 percent).

“I think it’s absolutely ridiculous to have two executives making $186,000 . . . Board members who are supposed to be providing public service are being paid for telephone meetings. Or to go and cut a ribbon and be paid. That’s ridiculous!” Kincaid thundered at a press conference following the June 7 City Council meeting. “You might have a sick child, and because you have a sick child, that’s of benefit to a lot of the community, you can’t have outsiders just coming in taking that child. And so you have to discipline the child, if it’s yours, to the extent that you can. The discipline is the tether that the City Council holds with respect to board appointments.” (Kincaid couldn’t resist taking a shot at the Council, either. Referring to the appointment process as “a circus,” he criticized them for not being able to get behind one candidate to put on the board.) The Mayor added, “You don’t go to the Galleria and tell them that you’re going to take over because you don’t like what they are charging. You might negotiate with the owners and try to see if you can get some concessions made on what’s being charged. But you don’t Jesse James the enterprise.”

“Anyone who thinks that they can take the Birmingham Water Works from the control of the city of Birmingham is sadly mistaken if they think they can do it without one heck of a fight,” Kincaid told councilors. “If the Galleria is based in Hoover and the majority of people that come and purchase from the Galleria live outside the city of Hoover, do you think it’s right all of a sudden for the Galleria to be divvied up among the people who shop there? The same thing pertains with the Water Works of the city of Birmingham. It’s ours! If individual entities outside of the city decide that they want water, and they don’t want to get it from Birmingham, they can start their own systems. But when they purchase from us, they do it because we have some of the best water in the country . . . . We are a provider. Individuals who get water from us are consumers. But it gives them no right for management, it give them no right for ownership. It’s ours.” As Kincaid concluded his call-to-arms, Councilor Carole Smitherman practically shouted, “Let’s get ready to rumble! Let’s get it on!”

From his bully pulpit, Kincaid may view himself as simply kicking sand back in the faces of local state legislators who dare to challenge Birmingham’s control of water. But if he’s not able to wrestle the Water Works into submission as a city department, as he tried several years ago, the Mayor may find his constituents choking to death when the suburbs start their own water system. With fewer rate-payers, Birmingham water may eventually become a little too expensive to drink.


Downtown Blight May Be Renovated

Downtown Blight May Be Renovated

June 16, 2005

A downtown eyesore that has frayed relations between the city and developer George Barber might finally be resolved. At the June 6 meeting of the City Council’s finance and budget committee, Susan Matlock, executive director of UAB’s Office for the Advancement of Developing Industries [OADI] technology center and president of the Birmingham Entrepreneurial Center, presented plans to city officials. Under the proposal, the two entities would move to the long-abandoned Sears Building on First Avenue North. Barber Properties has reached an agreement to sell the property for $3.05 million, with the city and the Entrepreneurial Center splitting the cost evenly. The city has budgeted $1 million to the Entrepreneurial Center in the past five years. Matlock told city officials that consolidation of the two business incubators under one roof would increase efficiency. She added that the combined incubators would also be of benefit because as residential development continues to sprout in the downtown sector, new businesses will be attracted to the area. Up to 65 companies could potentially operate from the site.

The Entrepreneurial Center, located in the 100 block of 12th Street North, is sponsored by the city of Birmingham, Jefferson County, and private business. Both the Entrepreneurial Center and OADI, which is currently located in the Oxmoor Valley area, would relocate to the Sears property, which will require another $12 million for renovations. The OADI is a high-tech business incubator affiliated with UAB. The Entrepreneurial Center nurtures information technology and service for the light manufacturing industry.

Controversy between George Barber, owner of Barber Properties, and Birmingham Mayor Bernard Kincaid over the dilapidated Sears structure deprived the city of a chance to host to one of the top motorcycle races in the world. A year ago, Barber asked the city to commit $250,000 annually for three years to bring the North American Grand Prix to the Barber Motorsports Park. The race is part of the MotoGP, a worldwide motorcycle racing series that is the equivalent of the Formula One racing circuit for automobiles. In exchange, Kincaid asked for control of the Sears property, but Barber would not comply, arguing that the economic impact to the city should be a sufficient swap. Famed Laguna Seca Raceway in Monterey, California, got the Grand Prix instead.

At the meeting, Councilor Carole Smitherman remained skeptical, noting the large expenditure and past problems with Barber as she questioned if the proposal was the best use of the building. “You’re going to have to convince me that this is the best thing to do,” Smitherman said. “We’ve lost money with Mr. Barber because the Mayor demanded that he fix up the blight problem. So we didn’t get a chance to bid on the motorcycle races. So that’s lost revenue.” &


City Hall — Homeless Plight and Blight

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June 02, 2005

With Birmingham City Council elections only five months away, Councilor Elias Hendricks is feeling the heat from downtown and Five Points South merchants who want the city to do something about the urine, excrement, and sleeping bodies discovered on business doorsteps each morning. It’s been 18 months since Hendricks first proposed an ordinance that would crack down on such trespassing. But he “resents” Mayor Bernard Kincaid’s referencing the ordinance as “criminalization” of the homeless. “This is about trespassing and about definitions of trespassing, and how those definitions have to change as we become a more urban environment with people living (downtown),” Hendricks told the Mayor. “It’s not denying anybody access to shelters, and it’s not against the homeless. It’s against a behavior, no matter who’s exhibiting this behavior.”

At his May 24 press conference following the weekly City Council meeting, Mayor Kincaid addressed the issue. “I think there’s a duty to protect the businesspeople and the residents who live downtown, to be sure. But there’s also a duty to provide adequately for that genre of citizens [the homeless]. So we haven’t done all we could do. And the councilor that is presenting this ordinance is the councilor that was most vehement in his opposition to the [abandoned[ Parisian warehouse becoming the place that would house (the homeless). We could have additional housing facilities, we could have counseling facilities, we have job opportunities, all in that property that’s lying fallow sitting over there on 26th Street . . . But NIMBY is alive and well—Not In My Back Yard—and that’s what we get everywhere,” explained Kincaid. “Trespassing is a criminal act. You can’t take a criminal statute and attach this doorway portion to it and pretend it’s not criminal in its scope and nature. Criminal penalties don’t provide for civil remedies.” The Mayor also had a startling suggestion. Referencing Councilor Carole Smitherman’s solution to a vagrancy problem by erecting a fence around the entrance to her downtown law office, Kincaid said, “[Councilor Smitherman] talked about putting up a gate, and when the business is closed, the gate was closed. And the sleeping in her vestibule stopped. Maybe we as a city can make resources available to business owners as a stop-gap measure, to be sure, that will help abate the problem while we search for a permanent solution.”

“That just seems like a gigantic waste of money to build fences for private residences and businesses,” said Jeff Tenner, owner of Soca Clothing in Five Points South, in an interview the day after the Council delayed the ordinance. “If somebody wants to build a fence, they should build a fence themselves. But a much simpler (solution) is to pass this ordinance, which is not really a new law at all. It just defines a certain area to make sure that it’s specific to trespassing.”

 

“This is just a simple common-sense tool that says you cannot do things on my property that I don’t want you to do.” —Five Points South business owner Jeff Tenner

Tenner had addressed the Council during the Tuesday meeting. “Things need to happen simultaneously. We need to do what we can to get more shelter beds and to be able to help the people that need the help,” said Tenner. “But at the same time, we need to recognize that it’s an economic issue and that if we cannot give the police the tools needed to deal with those certain members of society who are breaking the laws, that it will affect the tax base . . . This is just a simple common-sense tool that says you cannot do things on my property that I don’t want you to do.”

Barbara Dawson, business manager of Chez Fon Fon in Five Points South, read a statement from Frank Stitt, owner of Highlands Bar and Grill, Bottega, and Chez Fon Fon. Stitt noted that he is “saddened and disturbed by the decline of the Five Points District.” The restauranteur complained of loitering and “very conspicuous drug deals” made in the Five Points South area. Stitt commented that homeless persons sleeping in doorways are also more commonplace now. “Consequently, the daily observance of men and women urinating and defecating on the walls of buildings and in potted plants and alcoves is increasing as well,” he wrote. Stitt added that he had witnessed panhandlers harassing visitors and the “unsolicited rantings of a person or persons gathered around the fountain.”

Michelle Farley, executive director of Metropolitan Birmingham Services for the Homeless, was on the original task force that crafted the ordinance, which Hendricks previously delayed so concerns for the homeless could be addressed. “There was work being done on solving the problem rather than putting a Band-Aid on the problem,” said Farley. She explained that Birmingham has a chronic homelessness rate (those homeless for a year or more) of 29 percent as opposed to a national average of 20 percent. While she sympathizes with businesses that deal with excrement and loiterers in doorways, Farley said there is another aspect worth considering. “When people are asked to move along, they don’t really have a place to move along to,” she explained.

City Attorney Tamara Johnson said the challenge for the law department is “to try to fashion a penalty that will allow some kind of punishment for these individuals who are breaking a law that the Council will enact but, at the same time, have some kind of humanity in it.” Johnson added that penalties for loitering in doorways “really depended on the moral compass of the Council in terms of what they actually want in the ordinance.” At the suggestion of the law department, the ordinance will be rewritten to address such items as a lack of specific definitions for “plazas and common areas,” and to make enforcement of the law city-wide. =-

“It was poorly written,” Kincaid said of the ordinance. “No one in the law department takes authorship of this document, and it’s wrought with problems, as I see it, just from a legal standpoint: the absence of definitions, the applicability of one part of it to one part of town and not to the other.” &

City Hall — Prohibition: Birmingham City Council-Style

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Prohibition: Birmingham City Council-Style

May 19, 2005

When convenience stores apply for licenses to sell alcoholic beverages, the fear of expensive court battles often forces the Birmingham City Council to begrudgingly grant permits. On May 10, the Council found criteria that it believes will stand up in court, should they reject a request and face a challenge by the proprietor. The Council voted unanimously to deny a liquor permit to the 6th Avenue North Package Store due to its proximity to the Hope VI Housing Project, which is currently under construction.

The Hope VI Project is designed to create affordable, desirable housing in downtown Birmingham, targeting low-, middle-, and upper-income residents. According to Jim Stanley, an attorney with the city law department, the approval of the package store “might have a negative impact on the next phase of the Hope VI Project.” Stanley explained that the developer “is applying to the Alabama Housing Finance Authority [AHFA] for low-income housing tax credits, and that the location of a liquor store within a certain radius [a half-mile] of the project would have a negative impact on their ability to attain those tax credits.”

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A scoring system is used to award such tax credits, and five points can be deducted if liquor stores or other “incompatible uses” are in the vicinity. The five-point deduction “would be fatal to most applications,” Stanley explained, as the tax credit process is highly competitive. The attorney did add that a provision exists that allows the AHFA to exempt a Hope VI Project from the scoring application. He warned, however, that low-income tax credits make up 55 percent of the funding for Phase III of the Hope VI Project, so granting the alcohol license might put the final phase in jeopardy. When pressed by Councilor Roderick Royal, Stanley added that current businesses that sell alcohol could also cause the Hope VI Project to lose points.

The three reasons for denial of an alcohol license include: if the business is causing a nuisance, if it violates zoning regulations, or if the establishment is a detriment to an adjacent neighborhood. Councilor Valerie Abbott summed up the City Council’s hearty embrace of the federal standard presented by attorney Stanley. “We rarely ever get to use [one of the three reasons to deny an alcohol license],” said Abbott. “We finally have a project here that truly meets the criteria. It has circumstances that are clearly detrimental to the adjacent residential neighborhood.”

Councilor Elias Hendricks noted that problems arise when alcohol is sold in the area. “Look at any other place around downtown, or on the fringes of downtown, that sells beer and wine, and see the problems and the traffic that it generates,” urged Hendricks in disgust. The councilor, who is a downtown resident, complained that people congregate to drink outside as they harass people in the neighborhood. “We are trying to help downtown, and we are trying to live in our neighborhood. We deserve to live in our neighborhood and have a decent quality of life. Why go back to what we had before?” he asked.

Two weeks ago Hendricks berated his colleagues and downtown businesses for trying to keep The Furnace, an upscale strip club that is within a half mile of the Hope VI Project, out of the area. The councilor expounded on the importance of opening up downtown Birmingham as a future “entertainment district” in conjunction with the city’s desire for a domed stadium in the area. He expressed no concern about The Furnace’s alcohol sales affecting the area’s quality of life.

Ironically, the attorney for the owner of the 6th Avenue North Package Store is Ferris Ritchey. Ritchey represents The Furnace in its battle with Birmingham city government and recently won a round in court that would allow it to open, despite the Council’s and Mayor Bernard Kincaid’s rejections of the gentleman’s club. “A lot of these concerns that you hear from the people are always speculative concerns,” Ritchey explained to the Council. “And you can’t speculate about what might happen.” &

City Hall — Car Wash Controversies

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By Ed Reynolds

April 21, 2005

It was the most exciting City Hall drama since former councilor Sandra Little told Mayor Bernard Kincaid that he was “a little man.” In an appallingly self-righteous sermon to the Council, Reverend Steve Green of More Than Conquerors Faith Church alluded to some members of the Council as “wicked rulers.” To hear Green tell it, apparently Satan had arrived at the April 5 Birmingham City Council meeting in the guise of a car wash; the business owner was seeking a permanent address in a commercial area of town where it would purportedly be a threat to services at Reverend Green’s church. Although the majority of the City Council recently approved a $600,000 study to determine if there is a disparity regarding minorities and city contracts, when Jimmie Johnson, a young black entrepreneur, secured a million dollar line of credit to open a Splash-N-Go car wash on Dennison Avenue, the council sided with Reverend Green.

“We believe that a car wash next to a church . . . is as incompatible as gasoline and fuel,” said the obviously confused pastor. Green urged the Council not to revert to the past. “We won’t repeat the things that we have seen in time past in Birmingham, that you won’t take out the hoses, as it were, and begin to put out the fire of the inspiration of this community, as we’re on fire for making West End a better place.” The pastor made a bold prediction: “West End will one day look like Shelby County and (Highway) 280.”

Former County Commissioner Reverend Steve Small spoke out against the car wash as he commended the Council’s record of protecting communities. “(The car wash) will bring an element of criminal activity to our community,” said Small. “We will have all kinds of loud noise and profanity.” Noting that neighborhood residents need to be able to sleep at night, Small added, “They don’t need to hear ‘your mother this’ and ‘F’ that’ all night long! They don’t need to hear it on Sunday mornings either!”

—City Councilor Bert Miller Councilor Valerie Abbott was not so much focused on the church’s congregation as she was on residents in a “very nice residential subdivision” behind the prospective car wash property. “The problem with car washes is they cause a lot of noise pollution,” said Abbott. “People turn their stereos up while they’re working on their cars.” Councilor Montgomery questioned why drive-thru restaurants, where people play boom boxes, are permitted but car washes are not. “I don’t understand how you can create more crime with a car wash than you could with a drive-thru restaurant, a laundromat, (or) a dental office, especially since it probably stores pharmaceutical drugs,” said Montgomery. The car wash would be unmanned but will have 16 cameras operating around the clock. Critics contend that another car wash is not needed since there is presently one on 6th Avenue and another on Green Springs Highway, both within a few miles of the church.Councilor Roderick Royal noted the irony of the Council’s usual insistence on acting business-friendly, but now refusing “a minority who has secured a million dollar loan.” Council President Lee Loder, a reverend himself, is torn. “This is hard because a brother wants to start a business, and that’s good,” said Loder.

“But this is not the best area to try to start in because if we’re gonna try to preserve good neighborhoods, we’re gonna have to be more restrictive.”Councilor Bert Miller was similarly perplexed. “This is a tough decision. Pastor Green is a friend of mine,” admitted Miller. “As a black man in this city, I know the history of our city . . . We’ve been denied the opportunity for so long to enhance ourselves and our city.” Regarding threats of increased criminal activity when car washes are present, Miller, who noted that there are pollen-covered cars all over town, added, “There’s crime in the White House, there’s crime everywhere . . . How can we as a race of people who have been hosed, who have been the victim of churches blown up because of the color of our skin, turn this down?” Miller said that black men die everyday because of lack of opportunity, urging, “Let’s give the brother a chance.” In search of common ground between the embattled factions, Miller asked, “Can we name this More Than Conquerors Splash-N-Go Car Wash?” Pastor Steve Green replied yes, as long as the church gets “40 percent of the proceeds.”Telling the Council that he has been in prayer over the car wash, Pastor Green launched into his sermon. “Pilate had some tough decisions one time, too. And sometimes we can do things that can cause blood to be upon our hands . . . I don’t come before this Council much. I do not abuse spiritual authority, but I’m speaking from a whole other platform. That’s why I say wisdom builds a house. Wisdom builds real insight,” Green preached. “We all know what goes on at car washes. We’ve made movies about car washes. Sometimes it can be an ethnic thing, it can be a racial thing. Let’s not put our heads in the sand. Let’s be for real. We know what the real deal in the community [is] and I’m saying we selected you guys [councilors] to stand in the gap. We appreciate business, we appreciate revenues. But the Bible says when the righteous are in authority—and I believe that we’ve got the right ones in authority—the people rejoice. But when wicked rulers bear rule, then the people mourn. It sounds like to me that the people are mourning. It might be an indication that we’ve got the wrong leaders.” Councilor Roderick Royal was furious. “I don’t think there’s a soul in this world that can claim anything better than any other soul,” said the councilor. “I am a born-again Christian and I resent the remark you just made.” Tossing a final barb, Royal added, “Jesus called the pharisees snakes and vipers.” Councilors Loder, Reynolds, Abbott, Sykes, and Smitherman (a More Than Conquerors member) all voted on the side of the viper. The debate took 90 minutes.

Smoking Ban Approved

The City Council voted unanimously April 5 to enact a smoking ban beginning June 1 in most public places, including restaurants. Exceptions include bars, hotel and motel rooms designated as “smoking,” professional offices, private clubs, retail tobacco shops, and workplaces that are outdoors.Councilor Elias Hendricks agreed with earlier comments by Birmingham Mayor Bernard Kincaid that as the major city in this area, Birmingham should lead the effort. But Hendricks is unhappy that the ban will not be implemented all over Jefferson and Shelby counties, and Councilor Valerie Abbott agreed. Abbott pointed out that war veterans clubs have been deeply concerned. “Since our armed forces have encouraged people to smoke and now they’re addicted, [veterans clubs] have called and said that they want their members to be able to continue to smoke,” Abbott said. She also questioned the unfairness of restaurants not allowing smoking in their bars while bars without restaurants can continue to permit smoking.

Councilor Carol Reynolds remained worried about more government intrusion. “Some things that really disturb me are another layer of government bureaucracy in our lives,” said the councilor. Reynolds complained that Birmingham police have more important things to do than patrol restaurants for smokers. She warned that government bans on fatty foods to combat obesity night be next.”There’s a flip side to everything,” said Councilor Bert Miller, who supports the ban. “We talk about the economic impact. Can we stop for one minute and think about our health? I don’t want my chicken tasting like smoke. I don’t want my fish tasting like smoke.” Miller added that he “just got through with a serious heart condition. I don’t want to smell smoke, no way. I don’t want to look at steam! I’m just that cautious.”Councilor Joel Montgomery balked at the smoking ban because he does not want to place the city at an economic disadvantage. Montgomery said, “Alcohol and tobacco are both tied at the hip. There’s no question about that. I’ve done my own research over the weekend. Alcohol sales in restaurants make up as much as 20, 30, and 40 percent of the gross receipts of restaurants in this city.” He also expressed concerned that Waffle Houses will move out of the city because 80 percent of their clientele smoke, according to the councilor. A remark the previous week by Mayor Kincaid (that a smoker’s freedom ends where Kincaid’s nose begins) continued to bother the councilor. “That’s why we have freedom of choice in this country, folks, so you can check your nose at the front door of that restaurant if you don’t want to walk in there,” said Montgomery.

“I will not be a party to the economic devastation of the retail restaurants in this city. This needs to be a statewide ban.” He finally agreed to the ordinance after an amendment was added to lobby the Jefferson County Commission and to ask Kincaid to lobby the county Mayors Association to get onboard with the ban. Though Montgomery wanted the ordinance to be contingent on the county being included, Council President Lee Loder refused, but did allow Montgomery’s amendment to be included as a “formal request.” At Montgomery’s insistence, Loder also allowed an amendment requesting that the American Cancer Society lobby the County Commission as strongly as the organization lobbied the City Council.

City Hall — Highland Park Neighborhood Politics

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April 07, 2005They may add up to nothing more than small community squabbling, but Highland Park Neighborhood politics are not for the squeamish. The six-month soap opera known as the Highland Neighborhood election is rich with intrigue. There are allegations of stolen campaign signs, the disappearance of neighborhood meeting sign-in sheets, and the disqualification of a write-in candidate because the city would not accept affidavits confirming his neighborhood meeting attendance.

On October 26, Alison Glascock was the winner of the Highland Park Neighborhood election after winning 411 votes from petition ballots and 99 votes at the poll. [When a candidate for neighborhood office has no opposition, that candidate can circulate (usually by hand) a sheet of paper collecting the signatures of those who support that candidate's election to office.] Her opponent, Doug Blank, owner of Highland Avenue’s high-profile rental venue the Donnelly House, received 100 votes at the poll as a write-in candidate. However, Blank called the results a “sham” and protested the election stating that the city had no representative at the poll (a fact disputed by Jaquelyn Hardy, Birmingham’s principal community resource representative). There were also complaints that Vickie Barnes, outgoing Highland Park Neighborhood secretary, was working the poll.

In a recent interview, Glascock said that petition ballots were employed when she ran unopposed in 2000 and 2002. “I went out and got quite a number of petition votes because I have previous dealings with Mr. Blank, and I didn’t know what he was likely to get up to at the polls,” Glascock explained. She said that she did not know that Blank would be a factor in the race four weeks before the first election when she gathered the petition signatures (Blank and Glascock have reportedly been at odds over the Donnelly House in the past).

There are allegations of stolen campaign signs, the disappearance of neighborhood meeting sign-in sheets, and the disqualification of a write-in candidate . . .

Dewayne Albright, who ran as a write-in candidate for vice-president of the neighborhood, reported Glascock to the police after he said he spotted her taking down Doug Blank’s campaign signs along Highland Avenue. Albright said that only Highland Neighborhood election signs were removed and that others were left intact. The initial police report says that Glascock took 150 campaign signs. Glascock disputes this. “The only thing that (Albright) got right on the police report is my name and tag number,” she said. Glascock readily admitted to removing 15 signs from the right-of-way on Highland Avenue, but she argued that she has always removed signs from right-of-ways until learning after the incident that political, religious, and labor-use signs are allowed. The police report made after Birmingham police went to Glascock’s home indicates the 15 signs that were discovered in her possession.

Much to the shock and dismay of Glascock, the Birmingham City Council heard complaints regarding the October neighborhood election on December 21 and voted to have it conducted again. “I would have strong objection to being inclined to break the rules that everybody else has to go by,” said Glascock of recalling the election. “This whole issue has been, right from the very beginning, that somehow I’m supposed to be governed by a whole different set of rules from anybody else. And if I hadn’t been, none of this re-do would have happened.” To her further surprise, Doug Blank was not to be her opponent. Instead it was Bob McKenna, a local counselor in clinical psychology. “I believe the intent of the Council was really just to let Doug and I go have a chance at it again together,” said Glascock. She insists that Blank’s supporters thought that McKenna had a better chance of beating her than Blank did. Doug Blank said that personal issues made him change his mind about running again.

The City Council delayed the election matter for two months. Then a resolution from Councilor Carol Reynolds was put on the Council’s March 8 meeting agenda “certifying the qualifications of Alison Glascock and Robert McKenna as candidates for the office of neighborhood president for Highland Park Neighborhood.” The resolution rescheduled the second election for April 19 until a terse memo two days before the council meeting from Mayor Bernard Kincaid to Reynolds, which was copied to the entire Council, City Attorney Tamara Johnson, and Jim Fenstermaker of Community Development, persuaded Reynolds to pull the item off the agenda. The Mayor’s memo had “HIGH PRIORITY” in bold letters at the top and read in part: “I read this item with utter disbelief!! Although the text of the “Resolution” was not included in my Council Package, I respectfully request that this item be withdrawn. My reasons for this request are as follows: 1) First, and foremost, the act of “certifying the qualifications” of candidates for neighborhood elections is purely an administrative matter—not a legislative one; hence, it is a matter under the province of the Mayor and Administrative Staff exclusively; 2) What you are suggesting in your proposed Resolution would be counter to the way we have conducted the other 98 elections for neighborhood officers to date for this cycle’s elections . . .” Glascock was appalled that Reynolds didn’t tell Councilor Valerie Abbott, in whose district Highland Park lies, about the resolution. “Interfering with somebody else’s neighborhood,” was Glascock’s assessment of Reynolds’ action.

Kincaid’s objection apparently concerned Bob McKenna’s method of inclusion on the ballot. McKenna, who said he received an e-mail from the Mayor indicating there would be a problem, had been told by Community Development that he had not attended enough neighborhood meetings to be a candidate. Rules require at least four attendances in the past 12 months. McKenna insisted that he had attended five meetings and gathered 15 affidavits within 24 hours affirming his presence after Community Development chief Jim Fenstermaker informed him there was not enough time to get the affidavits before the second election deadline. According to McKenna, Fenstermaker then told the candidate the issue would have to be decided by either the Mayor’s office or the City Council. McKenna met with Robbie Priest of the Mayor’s office, but no action was taken. The issue then went to the Council.

 

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Several Highland residents have expressed concern about petition votes because verification can be difficult. A petition ballot includes the name of the person for whom the signee is casting a vote. In this case, a signature represents a vote for neighborhood president, vice-president, and secretary, all of which were unopposed positions. Regardless, collecting petition signatures is within the rules of the Citizens Participation guidelines for neighborhood elections. Alison Glascock said that 300 of the petition votes she received in the first election were collected by hand (The petition ballot for the October 26 election included president, vice-president, and secretary of the Highland Park Neighborhood Association, since all three ran unopposed). Glascock said that Highland vice-president Terry Gunnell gave a petition ballot to a UAB graduate student who took the petition to her residence and collected approximately 25 signatures. Glascock added that another was placed in the Sheraton Apartments (which is key-access only, according to Glascock) next to the elevator by either a manager or resident. She said that she asked no one to put the petition in that spot, where she received about 30 votes. Regarding the complaint that anyone could sign that petition, Glascock said that the Sheraton manager checked the names and unit numbers to certify that all on the list lived at the Sheraton.

Regarding McKenna’s claim that he signed five meeting sign-in sheets though apparently some were lost, Glascock, who collects the sheets after each meeting, admitted that the July meeting sign-in sheets were misplaced. (McKenna does not maintain that he was at to the July meeting.) McKenna said that there had been three sign-in sheets circulating at the neighborhood meetings he attended where his signatures were not found, but Glascock said there are only two at each meeting. “She lost all of July,” McKenna told Jim Fenstermaker. “Why is it such a stretch that she may have misplaced the other sheets?” McKenna also complained that the sheets were not being turned in monthly. Glascock explained, “I’m supposed to turn in sign-in sheets every month, but I usually turn in several at a time.” As to McKenna’s insistence that he had been at five meetings, Glascock responded, “I will swear on the Bible and take a lie detector test, he was not at the three meetings that he claims he was and that his ‘little buddies’ have signed statements to say that he was at.”

Another complaint was that Glascock’s husband, Charles Glascock, had been a poll watcher. Though his position obviously represents a conflict of interest, it is within neighborhood election guidelines for him to serve in that capacity. As to complaints that her husband helped to count votes, Glascock admitted that her husband did just that. She said a poll worker needed help since another poll worker, the current neighborhood secretary who has worked with Glascock, was forced to leave when voters protested that they felt intimidated by her presence. Glascock said an independent observer was present, so the process was open for the public to observe. Glascock said that if she had been trying to rig the polls, she and her husband didn’t do a very good job, as Blank got one more vote than she did.

The final tally for the second election was 290 votes for Alison Glascock (poll votes) and 92 write-in votes for Doug Blank. The City Council certified the election at the March 22 council meeting. &