Category Archives: City Hall

City Hall — Hendricks says no more bullies

By Ed Reynolds

Hendricks says no more bullies

It’s a dull day in the council chambers. The only hint of controversy is a discussion on councilors’ abilities to address neighborhood problems with city department heads. The Mayor-Council Act forbids councilors from issuing directives to department chiefs, with termination of council duties possibly resulting. Councilors are allowed to request information, however. Councilor Elias Hendricks says that the process of fielding complaints from residents should be automated, noting that there is a plan in place to deal with the controversy. “I hope we’ll be able to cut through the bureaucracy,” says Hendricks as he notes that it’s time to stop “beating up on people,” a reference to councilors confronting Don Lupo, director of the Office of Citizen Assistance. Lupo’s office is the link between the council and Mayor and citizen complaints. Questioning Lupo or any other department head “about something in the scope of their responsibilities is not beating up on them,” argues Councilor Roderick Royal. “This is not a matter of beating up on anyone. This is a matter of getting the complaints handled efficiently,” adds Councilor Joel Montgomery, stressing that cleaning up the city was “the number one priority the taxpayers gave us when we were elected.” Mayoral chief of staff Al Herbert attempts to clear up the confusion, explaining that inquiries for information on a request can go directly from a councilor to a department head. Council President Lee Loder remarks that the law gives councilors the right to inquire but not issue a directive, though he notes that going through the Mayor’s office is the preferred method for purposes of administrative responsibility.

Chinese noise torture

A business owner in western Birmingham complains about noise “radiating” from the Majestic Club next to the apartment he maintains at his workplace. Though lauding police for stopping nuisances such as motorcycle racing in front of the Majestic Club and acknowledging the club’s right to exist there, the man gripes that he can’t sleep because of the “boom boom boom-type noise” echoing from the lounge. Adding that he goes to bed with “earplugs and mufflers on [his] ears to get any sleep at all,” he asks the council, “You’re familiar with the old Chinese torture method of strapping somebody on their back and letting drops of water hit their forehead every so often until it drives the person crazy? That’s what’s happening with this ‘boom boom boom.’” He complains that he has sustained considerable damage to his property from the bar’s patrons, while acknowledging that he can address such problems himself. “I can repair fences, I can pick up the trash, I can pick up the marijuana that’s left in the area. I can pick up the syringes. I’m not going to pick up the used and unused condoms that are left there.” The noise, however, is beyond his control.Councilor Hendricks asks how police register noise complaints. Police Chief Mike Coppage responds that usually an incident report is filed, which can then be used to swear out a warrant through the magistrate if the magistrate concurs there’s enough evidence to arrest the building owner. Noting that an increase in patrol of the area results following complaints, Coppage admits it’s difficult to hold a club accountable for noise for which it may not be responsible. He adds that a major problem in enforcing noise ordinances is that the racket is usually turned down by the time police arrive. Coppage notes that constituents are afraid of retaliation from signing warrants that could lead to someone’s prosecution in court. Councilor Valerie Abbott confirms that residents are fearful of retaliation as she complains about a club at 500 Valley Avenue called El Sol de Mexico that is shaking the windows of surrounding businesses.

Councilor Montgomery is primarily concerned with noise from moving cars, which he calls a “problem all over this city.” When asked by Montgomery if the noise ordinance is enforceable, Coppage replies no, explaining that surrounding municipalities have more workable ordinances. If his car is bouncing off the ground [from surrounding vehicle noise], says Coppage, he should be able to issue a citation. “But the way our ordinance is written now, we have to go get a decibel meter, and you have to be a physics professor to understand the readings you’ve got to take. I don’t want to trivialize it, but we’ve got more important fish to fry in some of the neighborhoods than running around pointing decibel meters at cars, even though that’s a serious problem for people.” Coppage says the ordinance should be re-examined, to which Montgomery readily agrees, urging fellow councilors to take up the issue. The councilor says he fully understands the Chinese torture comparisons, “I lay in my bed every night and I hear it go by until 4 and 5 in the morning. It wakes me up, it rattles my windows so bad!”

January 8, 2002

Concrete and steel

Mayor Bernard Kincaid and department heads report on the highway accident that shut down parts of the “Malfunction Junction” interchange on Saturday, January 5. Traffic Engineering chief John Garrett says that adjustments have been made to the timing of traffic signals running north and south, primarily on Highway 31 through north Birmingham, which puts east-west traffic flow at a disadvantage. Bill Gilchrist of Planning and Engineering notes that the same principles that caused the eventual collapse of the World Trade Center towers in New York were the reasons for the demise of the interstate bridge: metal failing under tension when exposed to extreme heat. The location of the fire underneath the cover of the bridge basically created an oven, says Gilchrist. He adds that a “concrete superstructure” will replace the steel and concrete of the old bridge. Concrete has a slower burn time, but Gilchrist explains that nothing is totally fireproof, and time is the question — how long before a structure fails once exposed to intense heat. He reminds the council that catastrophic incidents of this nature are “few and far between.”

Councilor Hendricks commends the heroism of fire fighters who went under the bridge while it was “burning and cracking.” Hendricks acknowledges a policewoman for doing her job well, even though she initially refused to let him near the site. Council President Lee Loder offers kudos to city worker efforts, saying that he appeared on the scene incognito. “I kept my hat pulled down really low on my head, so I looked like a little boy out there and nobody would recognize me. So I got a chance to observe everybody without them knowing I was there.”

Mayor Kincaid, who was at the accident site sporting his “Mayor” cap, noted the bravery of the eight fire engine companies that responded to the emergency. “The flames were absolutely intense. And you can’t over-dramatize the cracking — the heat from the explosion had caused the bridge to buckle as if it were spaghetti.” The Mayor praises response units for going beneath the bridge to attach cables to pull the scorched truck from the burning debris while cement was falling from structures above.

Councilors say “yikes” to Sykes

Sending a mild shockwave through the council chambers, four councilors abstain from voting Councilor Gwen Sykes as head of the Education and Community Services Committee. Her appointment is approved five to four, with an amendment added by Loder separating Education and Community Services from the Administration Committee, which he chairs. Loder originally headed Sykes’ committee as part of his Administration Committee, but she protested that as a middle school assistant principal, she’s well qualified to chair the Education Committee. [Councilor Carol Reynolds had earlier voiced doubts in a heated committee meeting about Sykes' dual role as a school employee and head of the Education Committee. During that meeting, council debate eventually prompted a defensive Sykes to shout, "I refuse to be treated any different from anyone else! I take it quite personal and political!" Reynolds said that an appearance of conflict of interest was enough reason for her not to support the appointment. Sykes would be in charge of a committee advising the council regarding upcoming school board appointments, among other issues. Reynolds added that she is abstaining from any Water Works matter since she is employed by the city's water system. Reynolds was the only councilor not to support Sykes in the committee meeting.] Sykes appears shell-shocked after the role call vote is conducted, with Councilors Reynolds, Roderick Royal, Carole Smitherman, and Bert Miller abstaining.

Miller says it’s time to go to work

The hiring of two central staff positions for the City Council brings questions from the council about filling jobs on Tuesday that were first advertised in the Sunday daily paper only two days earlier. Councilor Valerie Abbott says such hurried action is inappropriate. She suggests a week’s delay on the vote approving the hirings until more people have had an opportunity to apply. Councilor Montgomery agrees. “We need to observe proper business protocol and let people have time to respond,” says Montgomery, calling the situation “very touchy.”

Councilor Sykes concurs, griping that job-inquiring residents in her district said they were told that one of the positions had already been filled. “I have received numerous calls from my constituents, and I do represent the masses of the people,” assures the embattled Sykes. Councilor Miller disagrees, urging the council to approve the hirings. Miller says it’s time to “put the people in place so they can start to work for the city of Birmingham!” [Miller's favorite phrase is, "We're ready to go to work in my district!"] Councilor Smitherman says that some councilors have salary concerns about several of the staff positions. She adds that office-space requirements for some jobs have not been finalized. “There are too many questions that are still on the dais this morning for us to go forward,” she says. “Fair enough,” concludes Loder. The council delays filling the positions until questions can be addressed at a January 17 meeting. Loder votes against the delay, Miller abstains.

Abbott promises fun on neighborhood joy ride

Councilor Abbott announces a January 26 trip for neighborhood officers, the Mayor, and “anyone else who’d like to go” through her district to view successful projects. A city Dart trolley will be rented at $100 an hour for the journey, but Abbott promises that the Dart will not be paid for with city funds. “It will all come out of my pocket,” she says. “And I will treat everyone to a nice steak lunch.” Abbott adds that the group plans to sing “One Hundred Bottles of Beer on the Wall” during the ride. &

City Hall — Demon rum treads an inconsistent path

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City Hall

By Ed Reynolds

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December 4, 2001Demon rum treads an inconsistent path

Food Fair Market’s application for an off-premise beer and wine license in the Fountain Heights community is a prime example of the City Council not wanting to appear insensitive to residential neighborhood desires, especially when it comes to selling booze. Attorney Ferris Ritchey, who has appeared before the council on several occasions (successfully defending the Lakeview District’s notorious Cueball Lounge), is representing the Food Fair Market. He dismisses as “suppositions” neighborhood fears that alcohol sales would increase the frequency of drug-related activity in the area. Referencing three other stores in the area that sell alcohol, Ritchey says his client is at a disadvantage in attracting store traffic. “There is no valid, legal reason that this man should not be allowed to sell beer and wine,” pleads the attorney.Neighborhood residents are appalled that “economic revitalization” is a primary reason some in the community favor alcohol sales. Irate citizens argue that more alcohol sales nullify gains made by the community to change its “drug-infested” image. But a store employee, who also lives in Fountain Heights, differs: “We don’t sell drugs. We’re just a convenience store.” Another resident says what she tries to “install [sic] in her children is a sense of fairness.” The woman believes that the store should be allowed to sell alcohol if other stores in the area are doing so. The council is ready to refuse the store’s request until Mayor Kincaid warns that neighborhood protests are not enough to forbid alcohol sales; an applicant can take the city to circuit court, forcing the city to pay legal fees. The council agrees to a delay so that the issue can be studied further after City Attorney Tamara Johnson recites the three scenarios whereby an alcohol license can be denied according to state code: if a nuisance is created, if the circumstances are clearly detrimental to adjacent residential neighborhoods, or if there is a violation of applicable zoning restrictions and regulations.

Montgomery frowns on neighborhood and city vehicles

Councilor Joel Montgomery addresses complaints from constituents that people are “running garages out of their homes” in the eastern area of Birmingham. Montgomery has personally witnessed “motors dropped out of cars in driveways,” and promises residents that he is taking care of the problem.

Montgomery later raises more automobile objections when the usage of the seven-vehicle fleet available to the council is brought up. “I was elected to be a ward of the taxpayers’ dollars,” explains Montgomery as he rails against “any one person [having] exclusive use of a vehicle that is not a moderate vehicle.” He is not pleased that an expensive vehicle such as the city’s Ford Expedition is driven exclusively by the current council administrator. (Previously, the council administrator and council president have had personal city vehicles, with five other vehicles available for the rest of the council to share.) Councilors Valerie Abbott and Gwen Sykes join Montgomery in voting no.

December 11, 2001

Teen parties create mayhem

Recent applications for alcohol licenses are quickly focusing the spotlight on public safety chairperson Councilor Sykes. L.R. Hall Auditorium, located near the Civil Rights District, is the latest battleground. Efforts are underway to renovate the building for community events, with representatives of the facility defending its cultural contributions and viable economic benefits to the local business district. Though alcohol is the legal issue before the council, it soon becomes apparent that “teenage parties” are the real problem. Councilor Carole Smitherman is concerned about traffic problems resulting from teen events as L.R. Hall representatives quickly respond that a moratorium has been placed on “youth parties” until recent complaints can be addressed. They acknowledge that college-age students have attempted to join the parties but were denied access due to their ages. They then often refused to leave the area when told. “Throughout the history of time, there’s always been dirty old men that want to look at little girls, and they’ll sit there and ride all night and won’t leave, and we can’t make them leave,” says one representative. Facility officials say the teens cannot afford to pay for security, so police have been asked to “donate” patrol time, which is impossible due to limited manpower, according to L.R. Hall representatives.Opposing teen parties at the facility is attorney Arthur Shores Lee, who complains that his nearby office building “has sustained damages of epic proportions due to the juvenile events.” Lee says that not only has a gun been waved in his face, but that he also had to call police after seeing a security guard being beaten up by several youths one evening. The attorney urges the council not to allow any alcohol at the facility, explaining that he currently has a collection of bullets gathered from his office roof. However, the council approves alcohol sales for special events at L.R. Hall, with Councilors Loder and Smitherman abstaining.

Train crossings

Residents of the Collegeville area are present to protest railroad trains blocking community streets, sometimes for as long as five hours. The neighborhood notes that 37 states have laws forbidding such blockage, and urge the council to adopt a resolution in accordance with an Alabama House of Representatives bill requiring trains to be moved in certain circumstances, placing a time limit on standing trains obstructing streets, and giving municipalities prosecution power, including setting penalties. School children are reportedly forced to crawl under standing trains to get to and from school.

Abbott forges lone path of dissent

Councilor Abbott is wasting little time inheriting predecessor Jimmy Blake’s position as a gauntlet-tossing insurgent, standing alone against the council on what she admits is an unpopular position. Raising eyebrows all around, Abbott stubbornly cautions that Mayor Kincaid’s recommendation providing $17,500 to each councilor to replenish last minute discretionary fund depletions by the previous council is nothing more than “pork.” Noting that she appreciates the Mayor working with the council to find more money, Abbott says she is “eminently qualified” to take the position, because only Councilor Sykes has less money than Abbott in remaining funds to be spent in respective councilors’ districts. “I know from the looks I’m getting up here, my comments are not popular,” laughs the councilor as she urges the passing of legislation that would forbid outgoing councilors from such action in the future. “I have a personal concern about our asking for, and receiving, additional ‘pork money’ to spend in our districts. I know ‘discretionary funds’ sounds better than ‘pork,’ but in reality, that is what this is,” argues Abbott. She urges the council to “suck it up and tough it out until the [new] budget comes in seven months, and then get the $30,000 that is allocated every year for us to spend.”

“I’ll do the heavy lifting on this one, since I was the one that recommended it,” says Mayor Kincaid as he prepares to defend his position, angrily denouncing recent press opinions, including a Birmingham News editorial, that the discretionary fund boost is “pork.” Referring to respective district projects as “worthy,” Kincaid explains: “These are taxpayer dollars, of which you are the stewards. But they provide an opportunity for you to address needs in your community, primarily. Sometimes council people give funds for city-wide projects, but it’s done at the discretion of the council. The whole $279 million budget is at your discretion. And the fact that you have dominion over $30,000, or any parts thereof, is part of the democratic process.” Those who label the funding as “pork” are “short-sighted,” concludes the Mayor.

“Any council person who wishes not to use theirs can give it to Roderick Royal in District Nine!” says Councilor Royal. The councilor regards the “small amount of money” as a vital asset to his community. Noting that there is no playground at South Hampton School, which he says will cost $5,000, Royal explains that such discretionary funding will enable children in his district to “enjoy a playground just like little kids in elementary schools in suburban areas.” Councilors take turns graciously thanking Kincaid, with Councilor Sykes saluting Abbott for “being courageous enough to deal with that.” Councilor Montgomery is appalled that the money has been called pork, and promises that neighborhood officers in his district will have the opportunity to vote on how the money will be spent. Noting that seven months is too long to make his constituents wait, Councilor Bert Miller, who has emerged as the council funnyman, tells the Mayor, “You can give me my check whenever you get ready!” As looks of uncomfortable amusement cross councilors’ faces, Miller hastily adds with a smile, “Nah, I’m just kidding.” &

Sky Boxes, Chitlins, and Committee Appointments

On Monday afternoon, December 3, the Birmingham City Council convened a “committee of the whole” meeting to discuss committee appointments, staff organization, and vehicle-use policy, among other issues. “How was y’all’s weekend?” Councilor Bert Miller asked as he greeted reporters seated at a table behind the council. Apparently, many on the council had a fine weekend at the SWAC championship game at Legion Field. Councilors laughed that they had to pilfer meatballs from the Mayor’s skybox at the stadium after running out of the delicacies in their own luxury box. A brief discussion about food resulted, prompting Councilor Valerie Abbott to admit that she had never had chitlins, pig ears, or pig’s feet. “There are some parts of an animal that I just will not eat,” noted Abbott as other councilors erupted in laughter.

Getting down to business, Councilor Joel Montgomery demanded to know why the council committee assignments have been scheduled for a vote at the December 4 council meeting since the council has not yet discussed the assignments as a group (Council President Lee Loder made committee assignments after the previous week’s meeting). Councilor Gwen Sykes, a middle-school assistant principal and vice-president of the Birmingham Education Association, reportedly had requested appointment to the Education Committee, which Loder had assigned to himself (Loder has headed the Education Committee for the past two years). “Why hire a plumber to do carpet work when building a house?” Sykes asked, noting that she has served “twenty years in the education arena.” City Attorney Tamara Johnson said that Sykes’ appointment to the Education Committee might appear to be a conflict of interest, so it is decided that the Ethics Commission should review the issue. Loder agreed to relinquish his position as chair of the Education Committee if the Ethics Commission rules in Sykes’ favor.

After requesting that she be removed from the Administration, Education, and Community Services Committee because the Birmingham Water Works falls under its purview, Councilor Carol Reynolds, a Water Works employee, swaps assignments with Councilor Montgomery, taking his place on the Planning and Zoning Committee. Worth noting is Council President Loder’s decision to separate Finance and Administration into two different committees. Four years earlier, former Council President William Bell created some controversy when he combined the two in a power grab that ensured him control of cash and legislative flow. Councilor Elias Hendricks has been appointed to head up the Finance Committee.

Councilor Montgomery was not pleased that upscale vehicles are part of the city’s seven-vehicle fleet available for council use, citing as an example the Ford Expedition currently used by Council Administrator Jarvis Patton. Councilor Hendricks disagreed. “It would be stupid to turn this [Ford Expedition] in to get a cheaper vehicle,” noted Hendricks, who sees nothing wrong with going “first class” when representing Birmingham in an official capacity. “We don’t have to drive Omnis,” said Hendricks. Refusing to budge on the issue, Montgomery voted against the present fleet, concluding that it’s unfair to taxpayers for the council to go “first class.”

City Hall — More money for Vulcan

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City Hall

By Ed Reynolds

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December 18, 2001

More money for Vulcan

A request for $431,000 in improvements to Vulcan Trail on Red Mountain near Vulcan Park is before the council this morning. The refurbishment has been on the books a long time, says Engineering and Planning departmental chief Bill Gilchrist. The funds are federal transportation dollars earmarked to encourage “alternate modes of movement,” including bicycle and pedestrian trails. Councilor Valerie Abbott, in whose district the trail lies, says her neighborhood is excited. “We’ve been walking on the old mineral railway for years and years, and it’s a big mud hole. So it’ll be refreshing to be able to walk up there without stepping in mud puddles,” beams Abbott, urging the council to support the trail. Councilor Elias Hendricks salutes Abbott for the work she’s done on the project, warning councilors about her intense passion for the project: “If you don’t vote for this, we’re gonna see a new Valerie.” Abbott laughs that she’s bigger than she looks. It passes unanimously.Roderick says council acting prematurely

Increased allocations for each councilor for committee assistants spark intense debate as Councilor Roderick Royal stands alone against the others. Councilor Joel Montgomery emphasizes that the increase is coming from the current council budget, with no petition for additional funds. According to Montgomery, the creation of council satellite offices in districts is a major reason for the increase. Citizens frequently complained in the past that phone calls were not returned by previous councilors, underscoring the need for more assistants, he adds. Montgomery notes that many believe council satellite offices will be the “greatest thing since the wheel.”

Councilor Royal is staunchly opposed to the increase, which will give each councilor four aides, pointing out that appropriations for assistants were raised to $50,000 per councilor in October 2000. “We’ve been here three weeks. I think we’ve had three meetings. Now, you’re telling me that in three weeks you somehow need four folks?” asks Royal in astonishment. The councilor says that when he was a committee assistant under the previous council [he worked for former Council President William Bell], he was able to get 90 percent of the work done by himself. Royal notes that the previous council didn’t need the extra personnel, and neither does the present council. “I don’t care if the money is already in the budget or not,” he says, as he points out that the remainder of the city staff will not get additional employees, thus making it unfair for the council to have additional help. “What we will do is end up having all these folks running around doing nothing,” surmises Royal.

Councilor Hendricks objects to Royal’s comments, noting that it’s “a bit unfair to characterize it as wasteful” before discussion takes place in an administrative committee meeting. Hendricks says the previous council did not return phone calls, and therefore obviously needed more personnel. He stresses that the council is a part-time job, and competent people are needed to “give full-time service.” Suggesting that Royal’s comments might make the public “prejudiced” against the idea, Hendricks reassures the public that they will see improved representation as a result.

“We do not want to put a negative spin on this,” objects Councilor Gwen Sykes as she praises the allocation increase for creating jobs. Sykes says that a satellite office has already been set up in her district. Councilor Royal interjects that he has an opinion and will not hesitate to state it. Urging the council to wait until March to examine the issue when mid-budget review takes place, Royal concludes, “I think it is overkill.”

Council President Lee Loder requests that the item be returned to committee discussion before being voted on, but Councilor Montgomery objects vehemently. Montgomery demands to know in advance if items previously discussed in committee are to be tabled before being voted on. He then takes issue with use of the word “overkill” by Royal. “If we’re really concerned about ‘overkill,’ as the councilor has stated, we need to start within the current council budget — which I’m going to do — looking at the $800,000 plus in consultant contracts that the previous council adopted here on this dais!” Loder withdraws his proposal that the item be sent back to committee, and notes that a $50,000 cap will be placed on any assistant’s salary so that no one can accuse the council of giving pay raises.

Councilor Carol Reynolds says that the city is a business that provides services, and she promises that a satellite office will be in operation soon in her district because “District Two is the size of a small country.” Reynolds explains: “We are raising the bar on what we require our personnel to do,” arguing that “good customer service” is to be conducted with dignity and “smiles.” Councilor Abbott agrees with Royal that increases in both central staff and council assistants are indeed “overkill.” However, Abbott supports the increase in council assistant money but urges the reduction of the council’s central office staff in the process. Loder smiles and asks, “Are we all still together?” as everyone but Royal approves the appropriation increase.

Déja Vu

Council President Loder invites Reverend Abraham Woods to address the upcoming Unity Breakfast held in conjunction with the Dr. Martin Luther King, Jr., holiday. Woods explains that he received the wrong information concerning the reason for his appearance this morning, because he wants to speak about the recent shooting of citizen Carlos Williams. Woods’ appearance prompts memories of former Council President William Bell’s frequently allowing Woods a forum to voice complaints at council meetings. Reverend Woods admits he is “a little behind on how you get before the council,” explaining that in recent times he had simply called the council president [Bell]. Woods complains that Loder did not return his phone calls, and the Council President insists he has been too busy. Loder finally concedes, “At any council meeting, like they [previous council] did, let me know that you want to address the council, and I’ll always allow you to do that.” Loder’s invitation to Woods prompts Mayor Kincaid to shake his head in anger.Woods begins, “I am not a police basher. Some people consider me to be that.” The reverend suddenly notes that it will take more than three minutes to address the issue of the police shooting, so Loder grants him extra time. The Mayor still is not amused. Woods readily admits that police work is dangerous but complains that citizens are “abused and brutalized” when police officers act less than professional. Woods says he has been to the shooting scene, and no evidence can be found that Williams fired a gun, invoking the name of Bonita Carter [shot and killed by police during a robbery, prompting the election of Richard Arrington in 1980] as he cites “miscarriages of justice” by police. Noting that the council respects the time needed by Kincaid to fully investigate the shooting, Loder tells the Mayor that the council “looks forward” to being briefed on the shooting as soon as Kincaid is ready. Kincaid is obviously not pleased as he exits the council chambers.

After the meeting, Kincaid declines to comment on Loder’s open invitation to Woods to speak any time, saying that this is the council’s issue. But Kincaid does say that he hopes other councilors will address Loder’s standing invitation to Woods with the council president.

December 26, 2001

Protecting the area’s water source

A $40,000 contract with the Regional Planning Commission of Greater Birmingham to provide technical information to study preservation of the Cahaba River watershed stimulates debate about the proper function of committee meetings. Councilor Hendricks, whose Finance Committee has examined the issue, says that Birmingham is the last municipality to commit to the watershed project. The city’s procrastination has reached “the point of embarrassment,” says Hendricks, quoting the city’s representative at watershed meetings. The purpose of the study is to develop a set of regulations that will balance land use and conservation within the watershed in an attempt to mitigate the harmful effects of development, according to Carol Clark of the mayor’s office. Councilor Montgomery asks if such a study has been undertaken before. Clark explains that this is the first opportunity for all surrounding municipalities to discuss the study in depth as a group. Montgomery says that he is not opposed to the watershed analysis but warns, “I think you can study anything to death.” Councilor Carol Reynolds interjects that watershed examinations have been conducted for years by the Cahaba River Coalition but that such studies must be acted upon. “This city is going to have to be very aggressive and very strong-armed in this policy of this watershed,” says Reynolds as she warns that other cities might try to circumvent watershed protection by exploring alternatives to conservation plans. The councilor suggests that the major participants not be limited to just developers, realtors, and bankers but include environmentalists as well.

The watershed analysis has been discussed at committee meetings, says Councilor Hendricks, and therefore the council is “doing double work” by hashing out issues in committee which are then argued in the council meetings. “I would like for all of us to be able to trust that what we’re doing in committee is in the best interest of the city,” requests Hendricks. “We’re being good stewards of the city’s resources.” The councilor says the $40,000 is justified based on the amount of land to be studied.

Councilor Royal says it’s important that issues be discussed on the dais for public consumption. But Councilor Montgomery defends committee discussions, adding that all committee meetings are open to the public. Montgomery argues that “to come up here and hash this out in this manner [at the council meeting] is not the appropriate place.” He adds that councilors should have attended the Finance Committee meeting, to which Royal replies that he did attend. Royal maintains that the watershed issue is important enough to be included in Tuesday’s council meeting. The council votes unanimously to pass the $40,000 contract. &

City Hall — Blake warns against police state

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City Hall

By Ed Reynolds

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November 20, 2001

Blake warns against police state

In the street outside City Hall, the police department and fire and rescue service exhibit the city’s emergency-response fleet, featuring a mobile command center and other SWAT vehicles. Councilor Jimmy Blake proudly lauds the efforts of law enforcement over the years, but cautions against what he calls the current trend of increased militarization of police forces. He’s concerned that police might develop a military mindset “through osmosis” by participating in joint training exercises with the military, which he warns is “dangerous to the public health.” Blake frowns on the sight of “soldiers with automatic weapons slung over their shoulders” at the airport, noting that militarization of American society is a victory for terrorists. Councilor Aldrich Gunn agrees. “Mind over matter, Dr. Blake. Whenever you get so you turn that person’s mind, or change its mind or change its way of livin’, you’ve already lost.”

Friends in low places

Councilor Sandra Little, impeccably dressed as usual, offers a series of resolutions honoring Helen’s Cafe, the Powderly Shell service station, and JC’s Beauty Supply, respectively. Little also salutes Council President William Bell for his “Bell Plan,” which provided money for schools from the projected proceeds of the Birmingham Water Works assets. Councilor Leroy Bandy then offers a resolution honoring Bell’s wife Sharon for 20 years of service to the Birmingham school system.

Hell no, I ain’t fergettin’!

Councilor Lee Loder offers eight resolutions recognizing the outgoing councilors for service to their districts. Councilors Blake and Don MacDermott request that their salutations be changed to honor their assistants. Blake interrupts Loder as commendations begin. “To me, words mean something. And resolutions that reflect on political activity mean something in particular,” objects Blake. “I’m not a hypocrite, and I believe one has to be truthful.” Blake states that if he agreed with the resolutions, he would have worked to get those councilors re-elected (Blake reportedly labored for incoming councilors Carol Reynolds, Gwen Sykes, Joel Montgomery, and Valerie Abbott, Blake’s District Three replacement). Blake adds that Loder would have worked to get those honored in the resolutions re-elected had he really believed that they had actually served their respective districts well. Admitting that he’s “quite fond personally of these people [fellow councilors],” Blake abstains from voting on Loder’s resolutions. “Words and resolutions have meaning. Those with legal training certainly should know that,” Blake says in a parting shot at Loder, an attorney.

Councilors toss insults back at Blake

When the resolution honoring Councilor Gunn comes up, the elderly councilor refuses to accept the honor. “The privilege of commendin’ and doin’ whatever it is, some things you don’t have to do. Your actions speak. And it’s not that I don’t appreciate it,” Gunn says in typically cryptic fashion as he requests that his honor be withdrawn. Councilor Bill Johnson joins Blake in abstaining from the resolution honoring Johnson. Blake approves the
resolution commending MacDermott’s assistant. A second resolution honoring Little is offered by Bandy, which is approved. Bandy takes aim at Blake: “In contrary to what Dr. Blake just stated, who cares? Councilwoman Little has done a great job for her district.” Blake tries to respond but Loder also fires away. “I don’t think I would challenge the intellectual giants of today [a parting shot at Blake, who is a medical doctor by trade] and the folks with good ol’ common sense to deny that every person on this dais has made some positive contribution to this city, and they are worthy of recognition for their positive contribution.” Blake agrees, but notes that if Loder’s resolution were focused on Little’s contribution to dedication of parks and commitment to the arts, he would have approved the recognition [Councilor Little can be heard giggling in the background]. Councilor Johnson chimes in: “I’ve sat here for four years and I’ve noticed that Dr. Blake never misses an opportunity to rain on someone else’s parade [Little is almost collapsing in laughter].” Councilor MacDermott takes his turn: “It’s good to see that nothing changes, even until the last minute [audience laughs]. At least we’re consistent.” MacDermott defends Loder’s resolutions as worthy, noting, “Everyone up here is dedicated to what they think is the
decision they should have made. And I don’t judge people’s motives.” Councilor Little can barely stop laughing as she thanks Loder for the commendations. “I think this is one of the most unified councils the city of Birmingham has ever seen in a long time,” says Little.

Tears of joy

As president of the City Council, William Bell traditionally has the final word. In bittersweet tones, Bell reflects on his 22 years as a council member, but is suddenly unable to speak as he begins to sob. “[The crying] is not out of sadness, it’s out of joy, for the blessings I’ve received.” The Council President praises his children for maintaining fine character despite having to “grow up in a spotlight.” Bell continues, apparently reading from a prepared text. “Some people have said I was arrogant. I take pride in uplifting black people, but I do not do so to the detriment of white people.” Noting the importance of future generations working together, Bell defends his convictions, stating, “But that doesn’t mean that I have to bow down to someone simply because of the color of their skin. It doesn’t mean that I have to hold my tongue simply for being perceived as an uppity black.” Refusing to name names, he observes that current city politics have involved more character assassination than any council he’s worked with in his years of service. As the tears continue to flow, Bell savors the emotional goodbye as he tries to end his final council meeting with dramatic flair. But suddenly Gunn interrupts the downward motion of Bell’s gavel, much to the Council President’s exasperation, and leads the council in an off-key rendition of “God Bless America.” Refusing to be outdone, Bell ends the meeting with prayer as councilors join hands.

November 27, 2001

Mayor shares visions of the future

Mayor Bernard Kincaid can’t stop smiling this morning as the new Birmingham City Council is sworn in. Kincaid uses the occasion to present his vision for boosting the city’s viability as a major, progressive metropolis, focusing on mass transit, increased pay for police and fire fighters, retention and expansion of city automobile dealerships, and a “world-class” school system. Referencing the previous council’s habit of stripping funds designed to implement his goals, the Mayor proudly notes that his vision “comports very well” with the issues on which councilors campaigned. He then walks over to individually embrace each councilor.

Love is all around

As predicted, today’s meeting is indeed a lovefest. Newly elected council president Lee Loder, who received a standing ovation when he entered the packed council chambers, praises Kincaid for presenting plans to revitalize the city. The more the Mayor shares ideas, the easier the council’s job will be, says Loder. The rest of the meeting is relatively uneventful, with the council finally approving payment for the February 2001 referendum on the fate of the Water Works. The previous council had repeatedly refused to pay for the referendum.

Matthews continues to rant

During the citizens forum, local community activist and former District Two council candidate Frank Matthews criticizes the council for “tossing out the Sunshine Rule” during this morning’s pre-council meeting when the council convened in executive [private] session for an item on the agenda. The item in reference is the payment of up to $3,000 for an attorney to represent former Council President Bell. Bell’s deposition has been requested by parties in a lawsuit against the city over a $6.9 million contract with Johnson Controls that Bell signed while interim mayor in July 1999. Johnson Controls is suing the city for allegedly not paying for installation of heating and cooling equipment. During the pre-council meeting, Council President Loder admitted to misgivings about meeting in executive session, saying that he didn’t recall any participation in such meetings during his 18-month tenure on the council.

Matthews also complains about paying for the February 2001 Water Works referendum with salary surplus from Information Management Services. “Well, if you’re going to throw out the Sunshine Law, then I guess you would take money from the Information Management Service to further keep this city in the dark,” adds Matthews. Mayor Kincaid’s perpetual smile turns to laughter as Matthews continues. “I hope that this council — great intellectual minds, great debaters, some are even scholars — will not allow this mayor to become a dictator by using manipulation and deception to deceive you.” As members of the audience boo loudly, Matthews pledges to remain a vigilant watchdog, promising, “Frank Matthews will be here to keep you on your toes and in a row like dominoes.”

Smitherman gloats

The new councilors address the public at meeting’s end. Councilor Bert Miller says, “There are no problems, there will only be situations. And situations will be handled!” Miller then gives out his telephone number. Councilor Valerie Abbott, seated next to Miller on the dais, admits that it’s difficult to speak after him. “It’s Miller time all the time,” Abbott laughs. “I’m very thankful to the people who put me in, and the people who didn’t put me in, it’s O.K. I’m here now. And I’m here for everybody.” Councilor Roderick Royal says that someone told him outside the council chambers that he appears taller on his campaign literature. Councilor Carol Reynolds notes that she is proud to be an American, and is thrilled to “restore this city’s pride, this city’s integrity, this city’s dignity.” Councilor Joel Montgomery says he wants to see the city retain ownership of the Water Works, and calls the expenditure of money to council lobbyists “a disgrace.” Councilor Gwen Sykes quotes the late soul crooner Sam Cooke: “It’s been a long time comin’, but I do believe a change is goin’ to come.” Councilor Elias Hendricks notes that he is especially proud to be a councilor since his father ran for the council in 1977. Council President Pro Tem Carole Smitherman, apparently ruffled by Nation of Islam minister William Muhammad’s earlier references to the Koran during the citizens forum, tells Muhammad that the first thing given to councilors by the city was a Bible, and they intend to use it as a guideline to steer the city in the proper direction. Smitherman, whom many suspect will be a candidate for mayor in two years, bragged, “I like to serve people. And I’m glad to have been given that opportunity by the voters of District Six with an overwhelming victory, and having received the highest percentage of votes in the runoff election.” Council President Loder promises that the council will not be marked by its failures, but rather by how high it sets the bar for the city of Birmingham. &

City Hall — Live at the Apollo

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City Hall

By Ed Reynolds

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November 6, 2001

Live at the Apollo

The Apollo Entertainment Center on Bessemer Superhighway seeks a special retail license (including alcohol sales) to operate for specified events. Donald Blankenship, representing the Apollo, says that Bessemer Superhighway carries over 100,000 vehicles per day, thereby making it a “major arterial street.” Opposing the license is Robert Beard of the Green Acres Neighborhood Association, who outlines his objections to the Apollo.Beard is an elderly man who has lived 100 yards from property now occupied by the Apollo since 1963. “I was born and reared in West End. Lived there, will die there, and be buried there!” Beard says as Councilor Aldrich Gunn bellows, “Amen!” Beard suggests that the Apollo, which he calls a “whiskey outfit,” might be a parasite on the community. “We used to have an all-white community, and now it’s practically all-black except for the few of us that are still there. And we have good neighbors,” Beard says. In an apparent attempt to make clear that his grievance against the Apollo is not racially motivated, Beard adds that he wishes that “some [less desirable] white folks” in the area would move out and some “good black ones would move in!” Beard continues: “Who is the Apollo going to entertain? That’s a community group down there and we don’t particularly go in there to be entertained the way they want to entertain!”

Defending the facility’s location on a “major arterial artery,” Apollo attorney Donald Blankenship explains that the venue will attract private parties, receptions, and small concerts. Blankenship emphatically tells the council that they have no public safety reason to deny the request, “I think all the fears that have been placed before you are unfounded. And whether the folks there are black or white or good or bad [laughs], the fact remains that there is no public safety reason to deny this application.”

“If a state store can be there, anything can be there!” thunders Councilor Leroy Bandy who points out that the grocery store that used to occupy the Apollo space sold beer and wine. Admitting that he generally defers to the neighborhood, Councilor Lee Loder remains opposed to the Apollo due to his commitment to allow only businesses that enhance neighborhoods. “That will be the only way we can put our neighborhoods back to the condition that the community wants us to be,” he explains, referencing past problems at the Apollo under different ownership. Council President Bell says that Loder’s logic of siding with neighborhoods would have kept out a nearby YMCA opposed by some area residents. Bell lauds the entertainment facility as well run and properly maintained, with good security. Councilor Jimmy Blake urges Loder to remember that he has taken an oath as councilor to follow the law and not bow to neighborhood associations. Blake says that no danger to public health, safety, or morality is evident in the case of the Apollo, and condemns the neighborhood for opposition to every liquor store and dance facility in the area. Noting that empty buildings attract blight, Blake explains, “Business drives out crime. More accurately put, crime drives out business.” Loder thanks Blake for his comments, but responds that he’s seen the council “do whatever it wants to do whenever it wants to do it,” regardless of the law. Loder promises to be consistent and challenge laws that are not beneficial to neighborhoods. The Apollo license is approved.

Council passes the buck on Serra Chevrolet proposal

Annexation of Serra Chevrolet property by the city prompts councilor Sandra Little to express relief that she will no longer be on the hot seat. Serra will lease the property for 10 years, with an agreement to repurchase the property after that time. Today’s resolution is not a binding agreement, but serves as a good-faith support for Serra from the council. The purchase includes undeveloped parcels, which will eventually have retail operations. Councilor Don MacDermott is concerned about neighborhood preservation, especially reductions in property values. MacDermott wants assurance that the property will be developed, or that it does not languish until the city tries to “pawn it off and can’t get rid of it a few years from now.”

“Mr. MacDermott, we won’t have to be blamed anymore. Thank God for that one. Hallelujah!” laughs Councilor Sandra Little. Little says she hopes the issue will be delayed until the new council comes in. Councilor Blake continues to criticize what he defines as government favoring one business entity over another. Highly critical of “giving dirt away” to attract business, Blake complains, “One municipality is at war with another as to who can offer the biggest bribe to private business.” Blake says the Mayor should not be blamed when business leaves for a better deal. Rather, the blame should be directed at the federal and state level for allowing such practices, which he calls “fascism.”

Noting that the city must be competitive when surrounding municipalities are trying to lure away businesses, Mayor Kincaid argues the economic benefit to Birmingham. “Until the laws are changed, it’s the American way,” says Kincaid as he stresses that the deal does not ask for tax abatement. The city stands to reap an $8.5 million to $11 million profit. Councilor Little says the issue should be in the hands of the incoming council, and the council votes to delay the issue for three weeks, at which time the new council will be sworn in.

November 13, 2001Worm in the apple Blake

Councilor Blake grumbles that the city has no business acting on a 20-year $2 million HUD Section 108 loan to Heavy Metal Birmingham LLC (interest rate to be determined by the U.S. Department of Housing and Urban Development). “We are putting the council and the city in the business of being banks. I don’t think that’s the proper function of government,” says Blake, adding, “We’re playing with other people’s money, and frankly, we’re not qualified to do it.” Blake is the only councilor to oppose the measure.Blake opposes other loans on today’s agenda for the same reason, stressing the unfairness that “regular folk” and small businesses “don’t have the clout to pull off these kind of operations.” The councilor presses for change. “We ought to be going to the Alabama legislature and saying we need to make it against the law for a governmental entity to use tax dollars to lure a business from one Alabama location to another Alabama location. It’s common sense,” urges Blake, condemning government for pretending to be investment bankers. “I’m going to vote ‘no’ on every special interest deal.”

Mayor Kincaid responds that businesses receiving HUD loans must meet certain standards. Kincaid emphasizes that the money has specific designations, and admonishes Blake for suggesting that the federal funds be used for infrastructure. The Mayor says that it’s not fair for Blake to insinuate that the city is not acting within the law regarding the HUD loan expenditure. Blake again is the lone dissenting councilor. &

City Hall — Blake huffs and puffs over smoke detectors

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City Hall

By Ed Reynolds

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October 9, 2001Blake huffs and puffs over smoke detectors

There are less than two dozen people in the council chamber audience this morning, the smallest turnout in months — perhaps due to the City Council election held today.

“Moving right along,” comments a beaming William Bell at the rapid pace of today’s amenable meeting. The only hint of controversy arises when Councilor Blake protests the transfer of $96,858 from various departments to the Birmingham Fire Department to fund a fire prevention program that will provide 16,143 smoke detectors to needy city residents. Though acknowledging the motivation behind the proposal as commendable, Blake asks how the detectors will be distributed. A fire department representative says details have not been worked out, but that the focus will be on elderly and the low-income residents, those most frequently affected by fire. Praising the department for educating the public about fire hazards as he defends himself as a supporter of the fire department, Blake questions buying “goodies” for the public. The councilor acknowledges differences in philosophies of government, explaining, “I don’t think it’s appropriate for city government to be involved in buying gadgets or real property, and then handing it to certain people under any particular circumstance.”

Council President Bell disagrees, “This saves people’s lives, and I think that the fire department has the obligation to save as many lives as possible.” Bell points out that the smoke detectors will be installed in the homes by the department as opposed to merely handing them to citizens. Councilor Blake contends that it would be different if the detectors were being distributed to each household in Birmingham. “We’re saying that some lives are more important, in terms of city government’s impression, than others,” says Blake. “And I don’t think that’s appropriate. We wouldn’t go out and buy a new door handle or a new phone or anything else for a particular family. A phone is as much a life-saving instrument as is a smoke detector.”

Mayor Kincaid notes that there is a threshold of eligibility that will determine who receives the detectors. “It’s not just a wholesale willy-nilly giving away,” explains Kincaid, saying that individuals should not have to decide between safety and paying rent or eating. “We’re able to provide for those citizens who need it, this life-saving device. It is my philosophy of government, at least, that we do this for our citizens because we look after the least of these!” The council approves the expenditure, with Blake abstaining from the vote.

October 16, 2001 The current pattern of short, uneventful council meetings continues as City Hall braces for a possible defeat of incumbent councilors who frequently side against Mayor Bernard Kincaid. Council President William Bell, and Councilors Pat Alexander, Sandra Little, and Aldrich Gunn each face a runoff opponent that garnered more votes in the general election. Councilor Leroy Bandy was defeated outright. The morning tedium is finally interrupted by a flurry of fire and brimstone from a pair of long-time critics of City Hall — citizens Daniel Felder and Terry Boyd, who frequently address the council in tandem at meeting’s end. Felder, who identifies himself “a religion man,” warns that God’s retribution is imminent if councilors don’t turn from their sins. “Brother Hezekiah [Jackson, long-time Councilor Aldrich Gunn administrative assistant who recently resigned after admitting his professional role as a burr in the side of the Kincaid administration, as well as charging Gunn with financial impropriety] surrendered his sins to God. Now it’s time for y’all to surrender y’all’s sins. I know y’all have sins up there, and you have bad sins,” admonishes Felder. Boyd compares the recent attack on the World Trade Center Towers to God’s judgement on Sodom and Gomorrah, and warns that councilors will suffer “damnation in hell” for their transgressions.

Deplorable roadways paved with years of neglect

Council President William Bell requests that Mayor Kincaid not leave the council chambers as the meeting comes to a conclusion so that the Mayor can answer questions regarding street repaving. Bell notes that $1.147 million for street resurfacing was included in the Fiscal Year 2000-2001 budget, with $1.4 million appropriated this year. Bell is puzzled why the funds have not been spent, complaining that some are blaming the council for failure to address poor street conditions. Bill Gilchrist of the Department of Planning, Engineering, and Permits explains that the department performs an analysis of street complaints based on the severity of poor street conditions. Last year’s street repavement priorities are currently being evaluated by the Mayor’s office, according to Gilchrist. He confirms Bell’s statement that the city council only takes charge of resurfacing issues when approving bids for work to be performed. Bell says he has been told that there is no money for some streets in question but Gilchrist explains that there are “many more streets that need resurfacing than we [Planning and Engineering Department] have funds to perform.” Noting that some streets in Birmingham had not been resurfaced in over 50 years, Kincaid laments that Birmingham “has not paid particular attention as a city government to our inner city infrastructure.”

Kincaid further stresses that past projects have never been completed in the same fiscal year, instead being completed in a “rolling three-year process.” More than $800,000 was sliced from the 2000-2001 fiscal year budget for consultants, architects, and engineers employed by the city on a freelance basis. $600,000 was cut from this year’s fund for such outside fees. Kincaid says that cutting fees spent on outside services is a positive economic move because money is saved, and points out that recent and ongoing county roadwork upgrading sanitary sewers in the city has rendered street resurfacing “foolhardy,” as the county would simply tear up city improvements.

Councilor Sandra Little, facing Bert Miller in a runoff in two weeks, asks what the council can do to spur street improvement, irate that the council does not control the money for street projects. Councilor Jimmy Blake, who is not seeking re-election, disgustedly notes that “the most interesting thing about this current chat is its timing.” Blake notes that Little has been on the council for four years, and is just now asking about the street resurfacing process. Blake adds that Bell has been on the council for 22 years, and that during that time the city neglected the basic infrastructure — the basic purpose of city government, according to Blake. He’s amazed that Bell is suddenly concerned, with the runoff only two weeks away. Blake says that the city has spent more for “lawyers, consultants, and assorted other bottom-feeders than we do for basic city services.” He concedes that Kincaid has spent more for city infrastructure than past mayors have, but still not enough. In light of the possible sweeping change on the council, Blake says the lesson to be learned is that “at some point the public notices when you’re not doing your job!” Councilor Little asks Blake to stay so that she might defend her record on street resurfacing issues for her district while refuting his casting of her as an election opportunist, but he ignores her and walks out. &

City Hall — Neighborhood versus multi-millionaire

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September 25, 2001 Neighborhood versus multi-millionaire

A proposed change in zoning from “single-family” to “office and institutional” for the Morrow House, which lies across the street from Rhodes Park on Highland Avenue, draws a large contingent of Highland residents to this morning’s meeting. The large, historic home belongs to Stephen Chazen, who has an investment organization and charitable foundation that employs five people operating out of the basement. One of the employees lives on the top floor of the house, while Chazen reportedly resides in Mountain Brook. R-3 single family zoning forbids use of a home as an office.

Alison Glascock, president of Highland Park Neighborhood Association, leads the charge against the proposed zoning change. Addressing the “special quality” of the area, Glascock says the neighborhood has “down-zoned” 31 properties back to single-family zoning, and notes that Council President William Bell has praised the neighborhood’s “cutting-edge initiative.” Pointing out increases in property values, Glascock boasts, “We are one of the few neighborhoods where we do not have a flight from the city. We have a flight into the city.” Granting the rezoning request would potentially affect all neighborhoods in Birmingham, says Glascock. “Everybody understands that spot zoning could come to them next. It could potentially devastate the neighborhoods in this city.” [Spot zoning occurs when a property is rezoned to a status different than that of surrounding properties.] “We are David fighting Goliath here. But unlike David, we are not armed with a slingshot,” explains Glascock. “You [council] are gonna have to be our slingshot. We are fighting a Goliath who has lots of money — millions of it.” The neighborhood president notes that Chazen has hired one of the top law firms in the city, while Highland Park residents have resorted to going door to door to collect money to hire an attorney to fight him. Glascock is appalled that neither Chazen nor his attorney is present for today’s public hearing, which has been advertised for six weeks. In February, the neighborhood voted 93 to 0 to fight the zoning change.

Council President Bell says he does not favor spot zoning, but wants to delay the council vote for one week so that Stephen Chazen could present his side. Neighborhood residents protest loudly in unison. Councilor Jimmy Blake joins their outcry, pointing out that Highland Park residents have worked diligently, and that the issue should therefore not be delayed.

Noting that there are few uses under R-3 single-family zoning that would allow the applicant to remain in the house while operating his business there, Glascock says that the neighborhood did agree to allow the property owner to possibly pursue a publicly-owned art museum and gallery. However, the city refused to allow the gallery proposal to go through because it would be a satellite of the Birmingham Museum of Art, and not a publicly owned facility. Rejection was also based on the accessory uses of the house in conjunction with Chazen’s business.

Charlie Beavers, the attorney representing Stephen Chazen, suddenly appears in the council chambers after receiving a call from someone in the city attorney’s office that the issue was being discussed, according to Beavers. The attorney says he was not present earlier because it was his understanding that the case would be postponed to allow a compromise with the neighborhood, as Beavers has been trying to resolve the issue without rezoning. He says he is not fully prepared to present his case, but will if necessary. The attorney explains the Birmingham Museum of Art satellite proposal, which he explains is “a use of the house that would be agreeable to our client, yet not require a zoning change.” Beavers says that the neighborhood voted 47 to 42 to support the art museum approach, which would be funded by the homeowner, who would continue to operate in a “very minimal part of the building in the basement,” according to Beavers. The art exhibits would be “neighborhood-focused art” with special showings to a limited number of people. Beavers draws the ire of residents present when he reveals that threats were delivered to the Birmingham Museum of Art from Highland Park residents. “About 15 people from that neighborhood contacted the Birmingham Museum of Art very direct, very aggressively, and said to them, ‘We don’t want you doing this. If you do, we’re gonna picket you. We’re gonna make your life miserable, and we’re gonna cause problems for the Birmingham Museum of Art if you go forward with this,’” details Beavers. According to the attorney, the Birmingham Museum of Art backed out of the deal, citing inability to cope with “that kind of heat and that kind of negative publicity that has been threatened here.”

The Morrow House was built in 1901, and remained in the Morrow family until the early 1990s. Stephen Chazen purchased the home last year. Beavers says that his client paid over $900,000 for the house, invested $200,000 for roof renovations, and currently maintains a budget of $100,000 for property upkeep. “It’s a very low-key kind of occupancy that is not detrimental to the neighborhood,” insists Beavers, who calls the home a “landmark” and his client a “responsible caretaker.” Beavers adds that the home is very expensive to maintain and not set up for modern day living. [Neighborhood residents moan in objection to the attorney’s assessment.] Beavers notes the number of mansions lost over the years because they were not appropriate for residential use due to the high cost of maintenance, referring to a pair of mansions across Rhodes Park in terrible states of disrepair. He also points out that a law office and Planned Parenthood office operate across the park on either side of the poorly kept mansions. He says his client bought the property with the understanding that he could use it as he pleased as long he did not try to change it to office and institutional zoning. Councilor Blake disagrees, arguing that spot zoning is what tears down historic homes. Blake emphasizes that Stephen Chazen purchased the house from a resident that had lived there.

Beaver continues to insist that the council be allowed to hear from his “experts and planners.” Council President Bell moves for a one-week delay so that the council will be protected from potential denial of due process allegations. The issue is delayed for one week.

Polling place changes

Councilor Sandra Little addresses concerns about changes in voting places, including complaints from residents who have no idea where they will vote. Little asks if notices will be sent out directing voters to proper voting places. Mayor Kincaid responds that a list of polling places has been sent to the Justice Department for pre-clearance, with one change from what was previously advertised: The armory on Oporto-Madrid is on alert due to the September 11 attacks in New York and Washington, D.C., and cannot be used as a polling place. New Rising Star Baptist Church will be used instead. Councilor Aldrich Gunn objects to New Rising Star being used as a District Two polling place since the church is in District Four. [The Sunday School and day-care center are across the street from the main sanctuary, thereby placing them in District Two, while the actual church is in District Four.] The Mayor argues, but Councilor Bill Johnson says that Gunn is correct by about 50 feet. Gunn insists that all voting locations should be in the district being voted upon. Gunn then suddenly announces that he just received notice that he would be allowed on the October 9 ballot following his official filing of candidacy after the presumed 5 p.m. deadline on September 18. Kincaid quickly notes that Gunn was required to post a $6,400 bond, to which Gunn replies, “I sure did, that’s how much I believe in my democracy.”

October 2, 2001There goes the neighborhood

Highland Park residents once again fill the council chambers for today’s vote over proposed rezoning of the Morrow House, located across from Rhodes Park in the Highland Avenue area, to “office and institutional.” Armed with traffic engineers, land-use experts, zoning maps, and photos of the surrounding neighborhood, attorney Charlie Beavers, representing Morrow House owner Stephen Chazen, attempts to change the minds of councilors who made commitments last week to turn down the zoning request. Beavers emphasizes that the residential appearance of the house will be maintained as he underscores the “low intensity” use of the home and the “mixed-use ” [residential and commercial] designation of the surrounding neighborhood.Beaver’s presentation includes a “land-planning expert” who has brought a number of slides that are projected onto a large screen in the council chambers. Many of the photographs suggest an untidy neighborhood. “Those around it [Morrow House] don’t seem to care as much for it [the neighborhood] as the Morrow House owner does,” says the expert as he flashes colorful slides of apartment complexes with over-flowing garbage cans, torn screens, and windows boarded shut. He repeatedly observes that “maintenance is lacking.” Highland Park residents in the council chambers voice loud objections to the glum depiction of their neighborhood. One photo features a quaint, old-style house with a sign in the yard that reads Chasin’ Chazen home. [Stephen Chazen reportedly lives in Mountain Brook, with his Highland Park house occupied by an employee of his investment business, UNUS Properties, LLS, which operates out of the Morrow House.] When Highland Park residents shout down this photo, the expert insists that he snapped the picture simply because he liked the house, not because of the sign designating Chazen as unwelcome.

Highland Park Neighborhood president Alison Glascock tells the council that neighborhood residents remain as adamantly opposed to rezoning as they did one week ago. Glascock admits that no one is claiming the Highland neighborhood to be exclusively an R-3 single-family district, but she insists that it is overwhelmingly a residential neighborhood. Glascock brags that the neighborhood is bringing people back from Vestavia and Mountain Brook, establishing Birmingham with a sound tax base. She again states that lack of financial resources puts the neighborhood in an underdog position in its battle with the wealthy owner of the Morrow House. “We can’t afford a fancy photographer and these other experts,” Glascock sighs with resignation. Councilor Blake, who acknowledges that he upset close friends in the neighborhood when he sought a compromise to allow Chazen to maintain his current status in the home, says that poor foresight put the neighborhood in a mixed-use status. But he acknowledges admiration for Highland residents seeking to reestablish the residential character of the area. The council denies the rezoning unanimously as residents thunderously applaud.

$25,000 man

District Two council candidate Frank Matthews addresses concerns that he is using the $25,000 contract for antigang initiatives to finance his campaign for City Council in the upcoming October 9 election. “The integrity of Frank Matthews has been questioned by hired word assassins to assassinate my character on the radio!” Matthews says in disgust. Calling the allegation an “absolute lie,” Matthews says he has the money “in its entirety” for anyone to examine. He also denounces the recent listing of voters and respective polling places in the daily newspapers in print so tiny that “it takes a gigantic thing like they use to look at stars to know where to vote.” Sample ballots are also too small, says Matthews. &

City Hall — September 11, 2001

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By Ed Reynolds

September 11, 2001

After the attack on the World Trade Center, the only access to City Hall is the 19th Street entrance. One of two television monitors in the third floor council chambers that usually beam council proceedings close-up is tuned to news reports, and this morning’s Pledge of Allegiance takes on a dramatic mood in the aftermath. Birmingham Police Chief Mike Coppage announces the implementation of the city’s security plan, which calls for additional patrolmen, though Coppage emphasizes there is no credible threat to the city at the time. Councilor Lee Loder asks who is responsible for gathering intelligence. Coppage replies that the city has liaisons with the FBI, ATF, and Secret Service to update impending emergencies.Bell apologizes to Mayor

At last week’s council meeting, Council President William Bell denied that he ever said he would be a candidate in the October 9 council election after Mayor Kincaid had said Bell was indeed a candidate. At issue was the appointment of Councilor Jimmy Blake to the Election Commission to replace Bell, who can’t serve on the commission if he is also a candidate. Acknowledging that he is reluctant to do so in light of the morning’s attack, Kincaid plays an April 18, 2001 tape of Bell confirming his candidacy on the air with WATV radio talk show host Shelly Stewart. Bell apologizes to Kincaid for denying his candidacy, and says the Mayor was acting correctly in removing him from the Election Commission.Blake questions loans

A $400,000 HUD Section 108 loan to O’Brien’s Seafood Restaurant in Roebuck creates a storm of protest from Councilors Aldrich Gunn and Blake. [HUD determines the interest rate for the 20-year loan, which is usually below market rates. No letter of credit is required, and the city takes the risk.] Blake notes that the business already has received $1.2 million in loans and benefits, and questions why more money is being loaned. The councilor is also puzzled about the criteria used to determine who is eligible for Section 108 loans. “If I put up a sign saying ‘Low interest money below market rates. Come to the city of Birmingham. You can suck off us’ and they all come in, are you going to give them all a loan?” Blake objects to the notion of taxpaying businesses subsidizing other businesses through taxpayer dollars.Kincaid emphasizes that the city must be willing to take risks for economic development. “Maybe we do need to put out neon signs,” says the Mayor, noting that HUD was concerned that Birmingham was not taking advantage of available funds, which puts the city at risk of not receiving new appropriations. “The triggering device is application. The other businesses have not made application,” explains the Mayor, stressing the importance of a sound tax base. Councilor Lee Loder explains that the loans are designed to stimulate low to moderate income areas that have problems attracting investors. The restaurant is behind on loan payments due to a small mountain in back of the business that is collapsing, destroying a previous retaining wall and thereby boosting expenses.

In a free market system, explains Blake, the government stays out of loaning money because the city is “gambling with taxpayers’ money.” Blake says it is “immoral to take money from one person and give it to another. That is not a proper function of government at any level.” The loan is approved.

Citizen empowerment

Councilor Blake offers a resolution confirming that the city council is elected to represent, and not rule, citizens, and all council authority is based on the consent of the governed. The resolution also states that all property and assets held by the city and affiliated boards and agencies are owned by citizens and are held in trust for their benefit. The right to initiatives and referendum allows citizens to initiate and pass laws, or to overrule council action through referendum, further states the resolution. Bell and Gunn leave the room as the resolution is read, leaving Blake in charge. Blake charges that the council ignored the will of the public regarding the fate of the Water Works assets, and exhibited “contempt for Birmingham voters” by refusing to pay for the February 2001 referendum. [A similar referendum regarding citizens' voice in the fate of solid waste was initiated through petition drives, and would have been on the October 9 ballot. However, last week the council unanimously approved the solid waste referendum, thereby keeping the issue off the ballot.] Approval by the council of the solid waste proposal is a contradiction in relation to refusal to pay for the Water Works referendum, according to Blake. Councilor Johnson, who frequently butts heads with Blake, commends Blake for the resolution. Johnson agrees that citizens hold the right to overrule the council.

Councilor Sandra Little is suspicious of Blake’s motives and sees no need for the resolution. She defends her position not to pay for the Water Works referendum and demands that her district receive the same attention that Blake’s Southside district has received, especially in areas of economic development and street repair. Blake accuses her of changing the issue under discussion. Little replies that Blake is merely attempting to set a trap the council refuses to fall for. “You [Blake] dug that ditch big enough for all your cronies to fall in,” says Little. Councilor Don MacDermott, who has sided with the council majority refusing to pay for the Water Works referendum, says the referendum issue is basically whether or not a city water department should be created. MacDermott says Blake’s statement that 81 percent of city voters supported the citizens referendum is misleading because “only 10 percent” of registered voters participated in the referendum. Noting that all but one councilor (Blake) voted to voluntarily submit to drug-testing one year ago, MacDermott poses the scenario of citizens organizing a petition demanding that all councilors submit to drug tests, and asks if Blake would agree to be tested. Blake fumes that councilors are avoiding the issue.

September 18, 2001

Long-time Aldrich Gunn assistant Hezekiah Jackson quit his $50,000 position the day after last week’s council meeting when he appeared on local radio to announce that he had information regarding Gunn and other Jefferson County Citizens Coalition members that might interest the U.S. Justice Department. The subject is side-stepped during the council meeting, but after the meeting, reporters surround Gunn like “flies,” a favorite term of Gunn’s when alluding to the media. Gunn glares at the persistent mob of notebook, microphone, and camera-wielding reporters as he refuses to “dignify the questions with comments.” It’s one of the few times reporters have devoted attention to the elderly councilor with the golden tongue.

Long live the Cue Ball

Revocation of the liquor license for the controversial Cue Ball in the Lakeview district returns to the council agenda. Councilor Bill Johnson suggests a four-week delay of the item [which has been deferred numerous times since January of this year], but Cue Ball attorney Ferris Ritchey is tired of waiting. Johnson says a delay will allow a compromise that could satisfy everyone. Ritchey responds that the complaining businesses should help the Cue Ball get out of its lease if they want the club to vacate the area. Councilor Blake notes the extent of the nuisance, citing “drug convictions and fights” at the club, and partially blames the landlord for creating the problem by putting a lounge on the block in the first place. Blake agrees that the landlord should be more cooperative in ending the lease.

Noting that the club is licensed and operating in an area that is properly zoned, Ritchey threatens a lawsuit against the businesses for “torturous interference with a business” if the liquor license is revoked. Ritchey says the businesses “don’t want black people in their neighborhood!” Councilor Loder says that only one incident has occurred in the past six months, and the trash problem cited as a nuisance has been addressed. “I’m not going to sit here and be a moral judge, even though I may have some moral differences that go on [there],” says Loder. He sees no justification for revocation.

Calling the complaints against the lounge “a traffic jam of people not following the law,” Councilor Blake notes the large number of arrest and nuisance reports lodged against the Cue Ball. Blake calls Ritchey a “slick lawyer trying to make a racial issue of something that is a nuisance issue.” When Ritchey objects, Blake tells him to sit down because he is not a council member and has no right to monopolize speaking time. (Council President Bell laughs at Blake’s reference to the monopolizing of time by others.) Refusal to remove the license is an example of why businesses flee the city of Birmingham, says Blake. “Businesses don’t come into areas that look like they’ve been bombed out, that are littered, where gangs are hanging out, where traffic won’t move. If you want businesses in your neighborhoods, in your council districts, in local business communities, you must stand up,” he explains. At this point Johnson walks over and whispers in the ear of various councilors, purportedly because character issues are being discussed. Little objects to “hidden agendas going around,” which she calls “totally out of order.” Unable to hide his disgust, Blake replies, “Sandra, that’s such a lie.” Mayor Kincaid also disapproves, protesting that there are Sunshine Laws against “serial meetings” by council. Kincaid reminds councilors that whatever the council does has to come to the Mayor for approval or disapproval. The council refuses to grant a delay, and votes five to four allowing the Cue Ball to keep its license.

“Telegram” poles

Posting signs, political or otherwise, on telephone poles is against the law. Councilor Leroy Bandy protests that his signs have been removed from private property, while other candidates’ signs are allowed to remain on “telegram poles.” Street and Sanitation Department head Stephen Fancher says that department employees are instructed to remove all illegal signs, and discrimination against candidates is not a departmental practice.

Judas Iscariot

Citizen Eddie Turner admonishes former Aldrich Gunn aid Hezekiah Jackson for betraying Gunn. Noting that he previously had tremendous respect for Jackson, Turner is convinced that Jackson is named after Hezekiah in the Bible, who asked God for 15 more years of life when it was his time to die, according to Turner, resulting in eternal damnation. Turner concludes that Jackson is “like a man without a country,” and notes that Judas “went out and hung himself after he betrayed Christ.” &

City Hall — August 28, 2001

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By Ed Reynolds

The Birmingham City Council sinks to new depths with an unprecedented round of name-calling and insults. Councilor Jimmy Blake has only a handful of meetings remaining before his eight-year tenure on the council ends, and some council members seem determined to make it an unforgettable time.Veteran activist Reverend Fred Shuttlesworth delivers the morning invocation. Prompted by Cincinnati’s recent racial turmoil, Shuttlesworth is hosting Cincinnati newspaper reporters and photographers doing a story on Birmingham’s Civil Rights legacy. Shuttlesworth notes that he and the reporting crew were denied access to the city jail due to their failure to make prior arrangements. As photos are taken outside the jail, Shuttlesworth laughs at the irony that he could not get into the jail after having spent several nights there decades ago when championing civil rights.

Public Health 101

Mayor Kincaid announces Jefferson County Health Department recommendations for minimizing infection by mosquitoes carrying the West Nile virus: removing old tires, cleaning gutters, avoiding outdoor activities between dusk and dawn, and using proper insect repellent. Kincaid says that Jefferson County will distribute mosquito larvae-killing tablets (to be placed in standing water) at area courthouses, but adds that the county “has not turned to spraying as we have in Birmingham,” partly due to the large area involved. Councilor Pat Alexander warns that a dead bird was found in her district over the weekend, and urges all citizens to refrain from touching the bird. Councilor Blake urges daytime spraying; “Controlling mosquito populations is Public Health 101.” Street and Sanitation Department chief Stephen Fancher replies that the spray is not effective in sunlight, according to the pesticide’s label. “Mosquitoes can breed in a paper cup in a ditch,” warns Fancher, stressing that the public must take an active role to combat the summer nemesis. “All you need is a couple of ounces of stagnant water,” says Fancher. Urging the public not to panic, Blake cautions, “[The mosquito population] is a serious vector of infection. It always has been. It’s probably done more to hurt and kill people than anything else in the world.”Petition numbers affirmed

Probate Judge Mike Bolin confirms the number of signatures [10 percent of registered voters] on petitions for an ordinance that would give Birmingham residents a voice in policy concerning solid waste disposal. Bolin says that the initial petition, received on August 15, did not have the sufficient number of signatures. The deficiency was brought to the attention of the petition committee, as required by law. The necessary number of signatures was collected within the next week. The council can vote the ordinance up or down, but if it votes to reject, the ordinance will appear on the October 9 council election ballot.Council peers into the future

Proposed information management consultant services between the city and Advanced Systems Design, Inc., of Tallahassee, Florida, elicit the ire of Councilor Blake, who asks, “Would somebody tell me what we’re gonna get for this $800,000 in consulting?” Mayoral chief of staff Al Herbert, acting director of the Department of Information Management, explains that the service begins with “an assessment or inventory” of needs to move the city ahead in managing information. The city’s original computer system was installed in the early 1970s on a mainframe platform that is “an antiquated method of programming and using for client-servers,” notes Herbert. The money will also provide a “strategic plan” to educate city employees, as well as a “national search” for a director to replace Herbert on a full-time basis.

Blake, acknowledging that the current administration has not been in place for very long, complains about the inability to access information necessary for city decision-making. According to Blake, the city’s “information management has been trying to squirrel the data and make sure that nobody gets any information about anything.” The councilor urges that bids be taken: “For $800,000 we ought to be able to hire a new department.” Herbert informs Blake that a “request for proposal” [RFP] regarding information management was issued in April 2000, with 14 proposals finally narrowed to three.

Councilor Alexander asks if management information is destined to be privatized, which Herbert denies emphatically. Predicting that council meetings will one day be accessible online, Herbert also foresees access to City Hall via “hand-held pocket recorders.” Blake continues to argue against the consultant expense, noting that the computer business is “the most competitive business in the world,” which causes prices to continually plummet. “If we’ve got 60 people in that [information] department [Herbert confirms the number] and they don’t know what our inventory or needs are, what have they been doing?” Councilor Lee Loder interrupts to explain that the employees have been responding to city concerns on a daily basis by “managing the mainframe we have now.” Blake votes against the proposal, which passes, proposing that the item be delayed “till you-know-what freezes over.”

“Adult” cable audit

Councilor Sandra Little continues her weekly challenge against transferring money from “salary surplus” for other city projects. Various city departments will lose a combined $115,000 to the Finance Department’s “Adult” Fees Account in order to fund an audit of the city’s contract with Time Warner Cable. [It's the second week in a row that "adult" has mistakenly appeared in place of the word "audit" on the agenda handout available at each council meeting.] Little supports the cable audit but opposes funding other projects that she feels should not take precedent over problems in her district. Little denounces renovation of City Hall’s cafeteria “when we have a Sneaky Pete’s and a deli across the street!”

Councilor Blake notes with irony that councilors who once endorsed the use of salary surplus dollars for budget shortfalls now protest taking money from salary surplus. Blake does not want to pay “another consultant,” labeling outside hiring as “irrational.” Blake notes, “We’ve got 4,000 plus employees in the city of Birmingham, and I don’t believe we ought to be handing out money to outside people over and over again.” Blake says better television service would be available if Birmingham undertook a bid process for cable service, including more channels being offered “like they do in Montgomery.” Mayor Kincaid responds that the city undertakes a cable franchise audit every three years, with the previous audit uncovering $1.2 million owed the city. The audit is approved after the Mayor requests that “adult” be corrected to read “audit.”

Councilor Aldrich Gunn agrees with Blake that there is a monopoly in Birmingham on cable service. “When you’re competitive, the rates will be lower,” explains Gunn. As he denounces “filth” on television, Gunn condemns the “buck [sic] you!” attitude of cable monopolies.

Blake labels Bell a “fool”

A resolution allowing Council President Bell to enter into an agreement, not to exceed $100,000, with the law firm of Haskell, Slaughter, Young, and Rediker, LLC ignites council tempers. Haskell, Slaughter is representing the council in Mayor Kincaid’s lawsuit seeking to reverse the transfer of assets to the Birmingham Water Works Board. Councilors Loder, Blake, and Johnson oppose the asset transfer, prompting controversy about whether the law firm is representing the entire council’s interests. When Blake asks who is instructing Haskell Slaughter about what action to take, Bell says that he was authorized by the council to do so. The near-weekly feud between Bell and Blake escalates when an irate Bell says debates of attorney fees should include lawyers representing the Mayor. Bell further suggests that discussion should extend to money Blake made off the sale of his house. “No matter how much you talk, it still does not rise to the level of $2.2 million that certain people received for their home after trying to force us to deal with American Water [Blake's choice to privately manage the Water Works],” says Bell, adding that Blake’s house was not worth that much. Bell continues to interrupt Blake, explaining that Blake sold his home so he could move to a house on the Warrior River. When Blake demands that the interruptions cease, Bell says he is treating Blake the way Blake treats others. Blake defends the selling of his home as entirely appropriate, challenging anyone to show that he has benefitted from his eight years on the council, as he claims other councilors have. After several more interruptions by Bell, Blake shouts, “You’re out of order, you fool!” As the two continue to spar verbally about who has the floor, Bell promises to admit that he is indeed out of order if Blake will pledge never to interrupt councilors again. Blake finally smiles and says, “Well, spank your own pee-pee, then!” Giggles circulate through the audience, and the insult is later replayed on the evening news.

September 4, 2001

February referendum expenses again denied

Councilor Bill Johnson remains disturbed that Birmingham citizens are losing rights due to the council’s refusal to pay election expenses of the February referendum vote concerning the fate of Water Works assets. “We work for the citizens, not the other way around. And they have the ultimate veto power over what we do here at the council. And I think not paying for this is a continuous slap in the face to the citizens of this city.” Councilor Little continues to cite advice from council attorneys to refrain from paying for the referendum until litigation is over. “I think it would be very stupid of me not to [follow the council attorneys' advice],” Little surmises. City Attorney Tamara Johnson’s opinion has not changed, explaining that the expenses are required to be paid, according to law. Councilor Blake notes that 85 percent of those who voted in the referendum want the assets transfer to the Water Works Board denied. Blake reminds the council chambers that initiatives and referendum [which generated the referendum action] is the way Bull Connor was removed when Birmingham switched from a commission-style government to the present mayor-council form.

Councilor Gunn says one of the worst things that has ever happened to him was his visit to court [the first in his life, according to Gunn] last week “for disposition [deposition]” regarding the Mayor’s lawsuit to reverse the asset transfer. Gunn mistakenly alludes to Blake’s presence on the Election Commission when the February referendum was approved. He also suggests that Councilor Blake is currently on the Election Commission illegally since Council President Bell has not officially declared himself a candidate. [The Election Commission consists of the mayor, council president, and city attorney.] Blake corrects Gunn, stating that Bell was on the Election Commission when the February referendum was approved. “I don’t think the public properly appreciates the brilliance of Mr. Aldrich Gunn,” says Blake: “Mr. Gunn’s job, which he does brilliantly, is to talk so long and about so many different things, that you forget what we were supposed to be talking about.” Mayor Kincaid corrects Gunn, indicating that Blake’s appointment to the Election Commission is consistent with state law since Bell has said he is a candidate. Bell argues that he has not filed a declaration of candidacy, and denies that he has raised any money [a candidacy is official once $1,000 has been raised]. “I will immediately resign my position on the Election Commission with great glee and enthusiasm for the future of this city,” Blake promises, if Bell agrees to sign an affidavit indicating that he will not be a candidate in the October council election. &

City Hall — July 31, 2001

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City Hall

By Ed Reynolds

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July 31, 2001

Airport Authority budget faces more scrutiny before approval

Controversy rages around accusations of “secret” Airport Authority board meetings centering on budgets and future plans of the Birmingham International Airport. Today is the final showdown. Councilor Bill Johnson wants $3 million of the airport’s operating budget profit to be partly designated for noise mitigation and neighborhood improvements. Johnson praises the removal from the capital budget of a $10 million line item for a controversial parallel runway, but asks why the runway remains in the airport master plan.

Airport Authority executive director Al Denson says immediate plans focus on development other than the parallel runway construction, but admits that the new runway, which would wipe out East Lake neighborhoods, is still a long-range consideration. Alternatives to the parallel runway must be examined, urges Johnson, as East Lake Park and 1,100 homes would be leveled in the construction of the runway. Johnson asks that the parallel east-west runway be removed from the master plan, explaining that airport consultants had earlier noted there was plenty of time to study other options. When asked why the air carrier apron [the area around the terminal where planes are parked] rehabilitation jumped $5 million while the proposed extension of Runway 24 skyrocketed $13 millon in two months, Denson explains that earlier cost estimates for the air carrier apron increased after bids were received. As for extension of Runway 24, early figures were “very, very preliminary numbers” that have since been updated, according to Denson. Johnson is concerned at the high percentage of cost underestimates by consultants. “I know y’all know what the land looks like,” notes Johnson, still baffled by the cost surge. “But we’re just basically talking about pouring concrete [in] some places.” The councilor asks that further budgets include line items addressing what the airport will do to abate noise problems.

Councilor Lee Wendell Loder requests that the council be allowed to monitor any future talk of the parallel runway since the council approves airport budgets anyway. Loder asks what to expect if air traffic capacity is reached without additional runway space. Denson says that options must always be available, then offers this contradictory statement: “I would hope that we start putting more emphasis over the next 10 years on projects that can truly be a major benefit to this city rather than bargain and put a lot of synergies and energies into something that’s 10 or 20 years out.”

Gunn flip flops as he skips across East Lake Park

Insisting that his initial concern was the well-being of East Lake residents, Councilor Aldrich Gunn says that he never intended to “tear up the Airport Authority’s program for expansion.” Gunn applauds the Authority for its cooperation, noting, “I think you met me more than halfway.” The senior councilor’s recent enlightenment on the airport’s future came to him on a trek north to study Chicago’s O’Hare Airport. “I saw a presentation that gave me a whole, complete, new revelation about what we are doing,” reveals Gunn. The councilor suddenly focuses his attention on photos of past city leaders covering the back wall of the council chambers as he searches for the perfect metaphor. “If I’m looking at those pictures on that wall, and my vision stops at those pictures, I’ve missed the purpose of the airport,” Gunn philosophizes. The councilor explains that one day flights from Birmingham to Tokyo will take no longer than flights from Birmingham to Los Angeles. “We can not wait until that technology is here to start planning for it,” he warns, adding that adequate runways will be needed to land aircraft of the future. Gunn says that what finally changed his mind on airport expansion was the need for nonstop flights from Germany to Birmingham because of the Mercedes plant near Tuscaloosa. “Now I have a broader horizon of what is happening,” Gunn concludes.

Councilor Sandra Little says her main concern in the airport hoopla is the neighborhoods. “You all have degrees in aviation, so I look for your recommendations,” Little says admiringly as she addresses Al Denson. “You have people that do studies, and you pay a large amount of dollars for these studies.”

Expressing confusion about “how the Airport Authority does business,” Councilor Jimmy Blake pursues ongoing concern that budget changes were made in secret. Denson can not give Blake the dates of public meetings where budget increases were discussed, but insists that he acted promptly and responsibly in reporting escalating costs to the Airport Authority board. Blake continues to call the Authority’s action illegal, referring to the budget as an “abortion of the law.” The councilor is alarmed that “quasi-governmental bodies too often feel like their job is to scam the public.” Blake says that anyone who understands the Authority’s intent on the controversial parallel runway is “a mind-reader.” Blake condemns the Authority and those on the council who are ready to “rubber-stamp” the airport budget, chiding them for not holding proper public debate and therefore rendering the public “irrelevant.” He accuses the Airport Authority of keeping runway plans secret in order to drive down property values so that the properties could be later purchased at depreciated prices. The “ambiguity” of the plans is just like putting guns to the heads of residents, says Blake as he explains that selling homes is impossible when no one knows the fate of neighborhoods threatened by possible expansion. “Look, I’m not going to be here after October, thank goodness,” notes Blake angrily. “But folks, this is what [kind of] leadership the city of Birmingham has. A council, an airport authority, a school board . . . every organization thinks that the public should not know what they’re doing. And that’s going on daily!” Councilor Pat Alexander, who serves on the Airport Authority board, refuses Blake’s request that neighborhood residents be allowed to speak, noting that this is not a public hearing. The Airport Authority budget is approved over objections from Loder, Blake, and Johnson. Councilor Don MacDermott is absent.

August 7, 2001

Racial stereotypes

The city’s Park and Recreation swim team, made up of swim teams from across the city, is recognized for medals won in recent competition. Council President William Bell calls the team’s success a “miracle” considering the lack of swim training available to inner-city children. Team officials praise the swimmers for “competing effectively against over-the-mountain teams.” Mildred Kidd, team statistician, says it’s time swimmers got the recognition basketball players get. Kidd praises the children for medals won competing against year-round programs with indoor pools. “Everybody knows we exist. We don’t come in last in anything,” Kidd notes proudly. “A lot of people don’t know that black children swim. I’m gonna go ahead and be honest about it.” [For the record, the team includes a few white children.] Bell presents a check to the program so that the swimming coach can secure adequate instructional training to properly prepare the team for next season. “Come on up here, Ms. Kidd. You weren’t shy in my office when you were asking [for financial help],” laughs Bell as he hands her the money.

The other Birmingham

Councilor Don MacDermott salutes a pair of British business students from Birmingham, England, visiting the city to research a retail business project they’re studying back home. The Summitt, of course, was included on the research spree, as was the Galleria and Bruno’s food stores, which one of the pair calls a “forward-thinking supermarket.” The council is amused by the students’ enunciation of the word “Birmingham.” The Brits note their surprise at the city’s warmth considering that their New York hosts warned them about the dangers of the South. The welcome mat rolled out by the city upon the students’ arrival at the bus station across the street from City Hall was greatly appreciated after their 22-hour bus ride, the students note. They are presented with keys to the city.

God’s Gangster rides again

“The Frank Matthews Show,” the city’s latest summer political charade, fizzles and pops dramatically as the controversial Matthews, a Birmingham radio personality, reels off a list of perceived local enemies at meeting’s end. Presented as a pit bull prelude to October council elections purportedly in an effort to gain support for Jefferson County Citizens Coalition candidates [including his own possible bid for Bill Johnson's seat], Matthews has created furor with recent newspaper and radio ads bearing his name that lash out at the Cahaba River Society. Known as “God’s Gangster,” Matthews, who has personally asked that he be quoted in this space because of “all that stuff I say” when addressing the council at the end of each meeting, attacks those who question his methods and motivations. Matthews defends the validity of his urban projects, some of which have been approved to receive city funds. The community and political rabble rouser berates Mayor Kincaid for comments made on local talk radio, accusing Kincaid of spending too much time running for selective offices. “I am highly offended!” thunders Matthews, addressing councilors who question the validity of his allegedly offering GED programs through his crusade to aid inner-city youth. “When I did take the GED program, I took it in Colorado, and I made one of the highest scores of anybody who ever took the test in Colorado!” Matthews also notes that he graduated from a ministerial school in San Diego. “I’ve read the Oxford Dictionary, numerous encyclopedias, New American Standard dictionaries, and I can word-play just like our illustrious ‘wanna-be.’” He does not clarify who he is referring to as a “wanna-be.” Matthews takes issue with suggestions by some councilors that he was using city money to finance recent anti-Cahaba River Society ads, and denies that he is the pawn for political shenanigans, as suggested in this publication’s previous issue. “[Black & White] is used for outhouse toilet paper,” bellows Matthews angrily. “They got my name all in it! It could be used for the wall dressing for an outhouse. That’s the appropriate place for the Black & White !” &

Apocalypse Now

Jaws dropped and heads shook in disbelief as a helicopter carrying District Two City Council candidate Frank Matthews descended to a crowd of approximately 150. Sunday, August 12 was the official kick-off of Matthews’ campaign at his Oporto-Madrid headquarters in East Lake, and the candidate known
as “God’s Gangster” made an entrance few will forget.

The event was a thinly-disguised Jefferson County Citizens Coalition rally, with former Mayor Richard Arrington and councilors Sandra Faye Little, Aldrich Gunn, Leroy Bandy, and Pat Alexander basking in the political glow. Little praised Matthews for “continuously putting his life on the line,” while Arrington bemoaned the poor leadership that has “everything bogged down at city hall.” Teenaged campaign workers circulated through the audience soliciting donations as the faithful dined on ribs, chicken, and watermelon.

Candidate Matthews finally emerged, shouting “Que pasa, amigos!” Behind him two youths held aloft a huge sign laminated with newspaper headlines touting Matthews’ community activism. A Spanish interpreter to his left tried in vain to keep up with Matthews’ evangelical fervor.

“I like being in the air. That way I’m closer to God!” Matthews bragged about his entrance to shouts of “Amen!” from the crowd, half its original size now that food had been eaten. Over the next 20 minutes Matthews praised the Jefferson County Citizens Coalition for “electing more officials in Alabama than
any other organization,” pledged to “take the door off the hinges” in his council office at city hall if elected, and promised a designer clothing outlet in District Two so “you ladies won’t have to go to Cullman and Boaz!”

As a dilapidated wagon harnessed to a Clydesdale waited to whisk Matthews from the rally, the candidate shook hands with rabid supporters, whose numbers had dwindled to less than 50. A zealous devotee who had commandeered the microphone shouted, “People say Frank Matthews is crazy! Frank, if you’re crazy, stay crazy!”