Category Archives: Rivers

Cahaba River Threatened by Barber Construction

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Cahaba River Threatened by Barber Construction

November 09, 2000The recent summer drought has brought into question compliance by the developers of the new Barber Vintage Motorcycle Museum (which will include a racetrack) with previous agreements reached with the city of Birmingham, the Cahaba River Society, and other environmental activist organizations.On October 6, Birmingham experienced its first steady rainfall in weeks. Samples of water taken from the tributary leading from the construction site of the Barber museum to the Cahaba River revealed an alarmingly high amount of soil particles present.

Dr. Randy Haddock of the Cahaba River Society collected the samples and noted that the tributary was “completely muddy.” Photographs revealed a stark contrast between the clarity of the river upstream from the tributary receiving the construction discharge, and the Cahaba’s cloudy status downstream from the discharge. The Barber construction site is located upstream from the Birmingham Water Works drinking water intakes on the Cahaba River.

Contents of the sample jars containing water filled with soil particles drawn from the Cahaba River, the major source of Birmingham’s drinking water, looked like “chocolate milk” when the collection container was shaken, according to Haddock and several others who attended an October 23 meeting between representatives of the Barber Museum, city officials, the Cahaba River Society, and several other environmental groups. “It’s the worst single event as far as erosion and sediment control failure that I’ve seen in my 10 years associated with the Cahaba River,” noted Dr. Haddock. He also questioned whether proper storm water control measures have been installed by the Barber Museum construction.

Curiosity has also been raised regarding the status of a proposed lake that would catch construction runoff before it could invade the Cahaba tributary. Anonymous sources close to the situation say a dispute has been brewing regarding whether or not the lake was actually included in agreements made between the city and Barber that allowed the building of the museum and racetrack.

When contacted for comment, the Alabama Department of Environmental Management (ADEM) refused to discuss the issue on record, but said that they was aware of the predicament and were currently looking into the situation.

Officials from Barber did not return telephone messages as of press time.

City Hall — Once again, confusion reigns at City Hall

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January 13, 2005

Once again, confusion reigns at City Hall. In a four-to-four vote on January 4, the Birmingham City Council failed to reappoint Fultondale Mayor Jim Lowery to the Birmingham Water Works Board. [Councilor Carol Reynolds, a 17-year employee of the Water Works, recused herself.] Lowery’s six-year term ended in November 2004. He was renominated by Councilor Bert Miller, with Councilors Joel Montgomery, Carole Smitherman, and Roderick Royal also voting to reinstate him. Lowery is the only non-Birmingham resident on the Water Works Board.The controversy surrounding the vote concerns whether the city council is obligated to appoint to the board at least one member who resides outside Birmingham. In the interest of ratepayers outside of Birmingham, the council has made a non-residential appointment for the past 25 years. The Birmingham Water Works currently serves Jefferson, Blount, Shelby, St. Clair, and Walker counties. Council President Lee Loder said that the council will determine at a later date what the policy is regarding automatic appointment of a non-Birmingham resident. Until that policy decision is made and advertised as such, Lowery will remain in place. Besides Lowery, four others, all Birmingham residents, sent resumés to City Hall seeking the vacancy. None of the applicants were granted an interview, which Councilor Joel Montgomery later blamed on Council President Lee Loder’s ineptitude. Montgomery also inferred that the attempt to delay the appointment was an effort to manipulate the appointment process to have someone other than Lowery appointed. The councilor added that he had withdrawn his nominee because the candidate’s name was submitted after the deadline. Loder argued that a press release was issued in November 2004 advertising the vacancy, which was also publicized in local daily newspapers.Bob Friedman of the Petitioners Alliance, an activist organization that has fought to have the Water Works’ assets returned to the city of Birmingham, addressed the council at the January 4 meeting. “Most of the four applicants informed us that they learned about the vacancy through the Internet or by word of mouth. It is our understanding that although all four of the Birmingham candidates submitted applications and resumés to the city council, and specifically to the administration committee, none of the four were ever contacted with confirmation of receipt of their application or for an interview.” Friedman added: “It is insulting and hurtful to offer a position to folks when you have already made up your mind about the outcome.”He requested that the appointment process be sent back to the council’s administration committee so that the position can be thoroughly publicized and interviews granted. Friedman added, “Mr. Lowery is not an acceptable choice. He has earned that verdict from his past service where he voted against the initiative and referendum rights of the citizens of Birmingham [a process whereby a vote is put to the public if at least 10 percent of registered voters sign a petition urging the action] and against the economic interests of the city of Birmingham.” Friedman reminded councilors that 2005 is an election year, and six councilors were voted from office four years ago “because of their apparent lack of concern for the voters.” He added that some on the current council pledged to not vote to reinstate Water Works Board members who actively worked against the interests of the citizens of Birmingham.”If we have a policy that has been in place for 25 years, we should follow it,” said Councilor Valerie Abbott. “My only problem is that we did not announce the vacancy was for an ‘outside of Birmingham’ person.” Abbott, who defeated Bob Friedman for the District Three council seat, agrees with Friedman on initiatives and referendum. “The board that was in place when we took office three years ago went to court to take away Birmingham’s citizens rights to initiatives and referendum,” said Abbott. “I don’t think that was right, and I am not inclined to vote to reappoint someone who voted to do that to our citizens.” Abbott suggested that any appointment be delayed until an announcement is made that a vacancy is available for someone outside of the city, or until the Mayor’s Association announces that it had already endorsed Lowery.Councilor Roderick Royal noted, “The council has been appointing someone who lives outside of Birmingham but is served by the Water Works for at least 25 years now. I think that is good policy; I think we should continue to follow that policy. The argument that Birmingham is not well-represented falls on its face because the other four members [on the board] are residents of Birmingham.” Royal said he would support anyone qualified. “In the final analysis we just want the best people serving on our boards . . . It’s just unfortunate that every time we get to a point that something is halfway hot and political, and then we want to weasel out. Stand up and be a man, stand up and be a woman . . . stop being a weasel, stop being a weakling, you know, a girly man, as Schwarzenegger said.” &

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Sewer Tunnel Proposal Returns

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2004-12-30 tracking News section

Sewer Tunnel Proposal Returns

 

December 30, 2004 

On December 14 the Jefferson County Commission conducted a public hearing regarding a county proposal to purchase both the Riverview sewer system in north Shelby County and the Moody sewer system from the Birmingham Water Works at a total cost of approximately $27 million. Hendon Engineering, which oversaw the building of the controversial supersewer trunk line that was halted two years ago after public outcry over plans to tunnel beneath the Cahaba River, recommends tunneling under the river to connect Riverview to the county system. Another consultant, Engineering Service Associates, proposes instead to connect the systems by going over the river, replacing the existing 12-inch pipe that runs under the Cahaba River Road bridge.

At the hearing, Hendon Executive Vice President Bob Holbrook warned that any damage or overflow from the pipe above the river would directly discharge sewage into the Cahaba, the region’s main drinking-water source. Hendon’s plan would connect the Riverview system to the county system by running an 18- to 24-inch diameter pipe beneath the river to a portal of the 12-foot diameter supersewer line. A previous tunnel collapse during construction of the supersewer, which was partly responsible for stopping the supersewer project, has drawn a barrage of protest from critics.

Jayme Hill, executive director of the Alabama Environmental Council, serves on the Citizens Advisory Committee for Environmental Services and did not learn of the county’s proposal to tunnel beneath the Cahaba River until she read it in the morning paper the day of the public hearing. “It was shocking because there has been an increased need for transparency since the supersewer, which was why this citizens’ advisory committee was put together [by the county],” said Hill in an interview. “We’ve been meeting for two years now. That plan from Hendon was prepared and ready for distribution, but for some reason that topic [tunneling under the river] never came up at the early December meeting of the citizens’ advisory committee.”

Tricia Sheets, administrative director of the Cahaba River Society who is also a member of the citizens’ advisory committee, was disturbed that the committee was not notified of the tunneling proposal. Sheets was baffled that Hendon Engineering was more concerned about the risk of a pipe leaking into the Cahaba River than the peril of attempting to tunnel beneath the area’s drinking source. “I thought that was a red herring,” she said of Hendon’s apprehension about connecting the systems above the river. “The bigger issue is that all the pipes in the watershed have a potential to leak. That particular pipe is pretty visible and should be pretty easy to repair,” she added.

County officials argue that purchase of the Riverview and Moody systems would add customers and therefore reduce the amount that ratepayers are currently paying. Rates have increased substantially since the county borrowed $3 billion after a federal consent decree in 1996 forced sewer improvements due to damaged pipes and direct discharge into the Cahaba River.

At the public hearing, community activist Peggy Gargis expressed disappointment at the proposal to purchase the systems. “The general public that I’ve heard are distressed at the prospect of the sprawl and the threat to the watershed that this project would generate,” said Gargis. “We do wonder why a program that has visited so much grief upon the ratepayers and has been run by management which has assisted in that, why you’re still taking the advice of those people [Environmental Services Department].

Adam Snyder, executive director of the Alabama Rivers Alliance, also serves on the county’s citizens’ advisory committee. Snyder told county officials at the hearing that he had no problem with the county purchasing the systems, but was disturbed about reintroducing the tunnel proposal. He is also troubled that the county’s Environmental Services Department would continue to oversee any sewer expansion. “I am concerned about the management of the system,” said Snyder. “I have no problem with the county expanding and buying this system. And I think it’s probably advisable to consolidate a lot of these sewer systems — to have one sewer authority. But I am worried about who’s guarding the hen house. I’m worried about the leadership of the Environmental Services Department. I am very concerned about giving them more power and more sewers to manage, as far as their track record has been in the past.”

In October 2004, federal investigators served search warrants at the home of Jack Swann, director of Jefferson County Environmental Services, and Roland Pugh Construction, which received much of the sewer repair work. According to the Birmingham News, FBI agents photographed and searched Swann’s Vestavia Hills home, which has had $350,000 worth of remodeling and improvements, including installation of an elevator, since Swann bought the home in 1997. The FBI also confiscated boxes of records from Pugh’s construction office. County officials learned of the investigation of the sewer program in 2002. &


Hoover Faces Crossroads Election

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2004-08-12 tracking News section

Hoover Faces Crossroads Election

It’s far too late to rescue Hoover from its urban sprawl nightmare, but voters are going to the polls anyway.

August 12, 2004

For the first time in its history, the city of Hoover will be electing a full-time mayor on August 24. Nine days before the election, the city is scheduled to christen its controversial new Hoover Public Safety Building (located at Valleydale Road and Highway 31), a municipal behemoth that has mayoral candidates foaming at the mouth as they castigate incumbent Mayor Barbara McCollum for saddling Hoover with a project that currently has an estimated $32 million price tag. The structure, which was purchased for just over $7 million, has been described by various mayoral candidates as a white elephant, an albatross, a municipal monstrosity, and a Taj Mahal. Toss in a couple of other red-hot issues like unimpeded development and the booming Hispanic population, and McCollum’s opponents agree that Hoover is at a crossroads of unparalleled significance.

“One of the greatest mistakes our city has ever made,” proclaims candidate Bob Lochamy regarding the new public safety center. Lochamy is a one-time restauranteur, former radio personality, and public-relations and media consultant who peppers his campaign diatribes with quotes from former Alabama football coach Paul “Bear” Bryant. While acknowledging Hoover’s need to expand municipal services to a larger facility, he grumbles that a location other than right across the street from a sign that reads “Welcome to Pelham” might have been more prudent. McCollum’s decision to purchase and move into the new public safety center was inexcusable, according to Lochamy. “If we could impeach or recall an elected official such as our mayor, then, in my opinion, this issue is an impeachable or recall offense.”

Candidate Tony Petelos, former commissioner of the Alabama Department of Human Resources under two governors, and a three-term member of the state House of Representatives, refers to the public safety center as the “albatross down the street.” Petelos explains: “I felt like there wasn’t enough planning and enough information when they bought the building, and now we’re paying for it. The Mayor says it came in under budget, but the problem with that statement is that they didn’t put the police department there. The plan was to move all the police down there. All they’re doing is moving the jail and supervisors. So they’re calling it a public safety center without any police.”

“It’s just a time bomb ticking. It’s not just the day laborers and congestion. There’s a myriad of problems. The core of our city is deteriorating. . . . It is frightening to consider how precarious our future is . . . ” —Hoover mayoral candidate Bob Lochamy

Mayoral candidate and current Hoover City Councilor Jody Patterson calls the public safety center debacle “the biggest government waste project I’ve ever seen. It just blows me away that we waste taxpayers’ money like that. I’m just amazed that the general public has not gone ballistic over what the Mayor did,” said Patterson, adding that a Wal-Mart Supercenter and two Kmarts could fit inside the renovated building.

Candidate Walter Mims said the public safety center “is probably something we need, but I really don’t have much of an opinion. It’s probably something we’ll grow into.” But regarding economics and the blight that results from out-of-control development, Mims would like to see more focus on Highway 31, “the centerpiece” of Hoover. “We’ve got to do something to help the small businesses, which are the catalyst for everything. One of the first things I would do is create a small business council. And I might say ‘no more Wal-Marts!’”

Lochamy pledges to hire an economic development officer, preferably former local sports tycoon Art Clarkson. Lochamy would also like to see a 12,000-seat arena and a water theme park built in Hoover. He envisions revitalization of Lorna Road as a necessary step to ensure that Hoover has a stable, progressive future, and earlier had suggested that several apartment complexes on Lorna Road be demolished so that the new public safety building could go there. “We have a disproportionate number of apartment complexes located in a very tight area. It’s just a time bomb ticking. It’s not just the day laborers and congestion. There’s a myriad of problems. The core of our city is deteriorating,” says Lochamy. “. . . It is frightening to consider how precarious our future is . . . ”

To address blight, Patterson wants to “eliminate subsidizing new developments.” Patterson believes developers have gotten very good at pitting city against city with promises and financial incentives. “Let the market dictate which stores survive. When the demand for a new shopping center is there, the supply will come.”

“If we’re going to do new developments, let’s bring in some new type of retail, like the Bass Pro Shops, says Petelos. “We’re reshuffling Hoover businesses and putting some Hoover businesses at risk because there’s so much competition. . . . If we didn’t annex any more land, there’s still 30 percent undeveloped land in the city of Hoover. There’s a lot of growth potential available. So we need to do a better job with land-use planning. We need a master plan; we need a long-range strategic plan; we need a housing code.”

More than one candidate warns of the “Hispanic problem,” and the implementation of housing codes to limit how many people may occupy an apartment. “All we’re doing is attracting more illegals to the city of Hoover,” warns Petelos. He suggests that Hoover meet with surrounding municipalities and approach the federal government to urge that an INS officer be brought in, with local governments paying part or all of the salary. “So that we’ll have a presence here, so that when we have these illegals we can process them,” explains Petelos. “The problem now is that the Feds aren’t interested in processing them because they’re overburdened because there are only two INS officers in the state. We need to pull our head out of the sand and figure out how we’re going to address it without violating people’s constitutional rights, without violating the legal immigrants’ rights.”

Lochamy fears the gathering of Hispanics at day laborer pickup spots for those seeking work is getting out of control, but admits that area residents are to blame for perpetuating the problem. “We have to look in the mirror. Those who are hiring the day laborers and violating worker’s compensation and payroll taxes [are to blame].”

In addition to limiting the number of people sharing an apartment, Patterson wants to enforce driver’s license and automobile insurance laws. “If they’re illegal, they’re not welcome. If they’re legal, it doesn’t matter what race you are, what culture you come from.”

“With the unemployment low [1.8 percent in Hoover], we need the Hispanic population,” says Mims. “To a certain extent we exploit them, but to a certain extent they take advantage of things, too. Most of them want to be useful, and be contributors to society. . . . We need to get them started a little earlier on getting their kids to learning the language because that really slows them down in our schools. And it kind of holds some of our other kids back, too. We’re getting to be a diverse community, and I think there’s room for all of us.”

Despite repeated requests for an interview, Hoover Mayor Barbara McCollum was unavailable before press deadline.

Russian Roulette — Cahaba River

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2004-01-29 tracking City Hall

Can the Cahaba River survive another commercial development? The Birmingham City Council and the Mayor’s office proudly declare that they don’t know and don’t care.

“This could be absolutely the most important decision that we make in our lives,” warned Councilor Carol Reynolds at the January 13 Birmingham City Council meeting. The list of problems that plague the Cahaba River, the drinking source for 25 percent of Alabama residents, includes low oxygen levels, high bacteria levels, and toxins such as metals, insecticides, and herbicides. “Higher water purification costs will increase costs for rate payers,” Reynolds added.

Her colleagues on the council dais, however, refused to budge from their determination to boost the city’s economic fortunes—even if that means the degradation of the river. Voting 6 to 3 [Reynolds, Councilor Valerie Abbott, and Councilor Joel Montgomery opposed the project] to approve the development of 256 acres into a subdivision in the Overton Community by Grants Mill Estates, LLC., the council joined surrounding municipalities in another round of Russian roulette with one of the nation’s cleanest (for now) water systems.

The development will include 281 single-family homes and 14 apartment buildings (totalling 464 units). Originally, developers wanted to include a service station on the land that is part of the Cahaba watershed, but at least the city had enough sense to make them toss out that idea. Other concessions from the developers include retaining vegetation along Grants Mill Road and expanding a 50-foot buffer zone protecting tributaries of the Cahaba to 100 feet.

“This project is going to discharge dirt into a tributary and then into the Cahaba River,” said Alabama Environmental Council attorney Bart Slawson, who has threatened to sue over the development because of permit violations regarding the amount of sediment allowed into the river. “The bells and whistles [in the covenants protecting the Cahaba] will not change the discharge.” The position of the Alabama Environmental Council is that the Cahaba River cannot tolerate any more sediment. The river is currently listed by the Environmental Protection Agency [EPA] and Alabama Department of Environmental Management [ADEM] as so polluted already by sediment that any additional pollution will severely impact water quality, according to an e-mail sent by Slawson to the City Council.

A recent meeting between the developers, the council, and other city officials, to ensure that steps are taken to protect the Cahaba, exposed some bitter truths regarding Councilor Elias Hendricks’ willingness to exclude the public from meetings with councilors [any meeting with a quorum of the Council present is an open meeting, unless the meeting is declared an executive session involving litigation or discussion of someone's character]. Hendricks criticized councilors at a council meeting two weeks earlier for urging the public to attend the meeting with developers. “When you’re working out differences, the fewer people involved, the better. It’s not like you’re hiding anything from the public,” said Hendricks with a straight face. “When you’re sitting down, trying to negotiate a solution, and you’re going to be dealing with scientific things, I think the fewer people in the room, the better.” Hendricks did not explain why the public should not be privy to “scientific things,” but then, condescension is the norm at City Hall. As usual, a flippant Councilor Bert Miller could not resist sticking his foot in his mouth. “We act like these developers are terrorists. They’re not going to poison our drinking water!”

Also at issue is the $250,000 that Birmingham and surrounding municipalities contributed to the Upper Cahaba Watershed Study. The Zoning Committee, chaired by Councilor Abbott, had recommended that the council wait until the study is completed in the spring before acting on the development. Councilor Reynolds questioned why so much money was spent if the study was just going to be ignored. “We have just funded a study and taken taxpayer dollars and thrown them out the window,” said Reynolds in disgust. “It is our responsibility to protect public health and public drinking water.”

In an interview after the council action had been taken, Mayor Bernard Kincaid agreed with Council President Lee Loder’s assessment that development in the Cahaba watershed was inevitable. “How does Birmingham balance those very, very competing interests of development, which are absolutely necessary for us to grow, and yet protect what is one of the highest quality water systems in the nation?” asked the Mayor. “That’s a tough call. At some point Birmingham has to get in the mix.” With absolutely no hint of irony, Kincaid described the balance between economic development and water protection as “a kind of ecological balance.” After admitting that he was “comfortable” with the conditions his staff reached with developers regarding the watershed protection, Kincaid seemed to contradict himself. “Where the need for development and preserving the pristine quality of the water intersect is the point where you start making compromises,” said the Mayor. “And I’m not sure that we can compromise the water quality at all.”

Kincaid disagreed with Councilor Reynolds that the $250,000 spent for the Upper Cahaba Watershed Study was a waste of money. Insisting that Birmingham has done more than other local jurisdictions to protect the Cahaba River, Kincaid said, “I don’t hear other municipalities being pushed back from their development ideas based on the outcome of something as nebulous as a study.” This statement begs the question, why spend $250,000 on a study if one believes studies are nebulous? &

Cahaba River Threatened by Barber Construction

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Cahaba River Threatened by Barber Construction

November 09, 2000

The recent summer drought has brought into question compliance by the developers of the new Barber Vintage Motorcycle Museum (which will include a racetrack) with previous agreements reached with the city of Birmingham, the Cahaba River Society, and other environmental activist organizations.

On October 6, Birmingham experienced its first steady rainfall in weeks. Samples of water taken from the tributary leading from the construction site of the Barber museum to the Cahaba River revealed an alarmingly high amount of soil particles present.

Dr. Randy Haddock of the Cahaba River Society collected the samples and noted that the tributary was “completely muddy.” Photographs revealed a stark contrast between the clarity of the river upstream from the tributary receiving the construction discharge, and the Cahaba’s cloudy status downstream from the discharge. The Barber construction site is located upstream from the Birmingham Water Works drinking water intakes on the Cahaba River.

Contents of the sample jars containing water filled with soil particles drawn from the Cahaba River, the major source of Birmingham’s drinking water, looked like “chocolate milk” when the collection container was shaken, according to Haddock and several others who attended an October 23 meeting between representatives of the Barber Museum, city officials, the Cahaba River Society, and several other environmental groups. “It’s the worst single event as far as erosion and sediment control failure that I’ve seen in my 10 years associated with the Cahaba River,” noted Dr. Haddock. He also questioned whether proper storm water control measures have been installed by the Barber Museum construction.

Curiosity has also been raised regarding the status of a proposed lake that would catch construction runoff before it could invade the Cahaba tributary. Anonymous sources close to the situation say a dispute has been brewing regarding whether or not the lake was actually included in agreements made between the city and Barber that allowed the building of the museum and racetrack.

When contacted for comment, the Alabama Department of Environmental Management (ADEM) refused to discuss the issue on record, but said that they was aware of the predicament and were currently looking into the situation.

Officials from Barber did not return telephone messages as of press time.