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City Hall

May 10, 2001

May 1, 2001

Finance Director defection heats up Water Works imbroglio

City Finance Director Mac Underwood’s recent jump to the Water Works adds intrigue to the ongoing drama between the city and the Water Works Board for control of the water system assets. Underwood recently gave notice that he would relinquish his position as head of the city’s Department of Finance on May 31. But Mayor Kincaid decided to replace Underwood April 30 due to possible conflicts of interest surrounding the continuing assets battle. Mayor Kincaid names Michael Johnson as acting Finance Director. Underwood’s new title will be assistant general finance director for the Birmingham Water Works, reportedly earning approximately $22,000 more than the $103,000 a year he made at the city’s Finance Department.

Councilor Bill Johnson says it seems inappropriate that Underwood could go work at the Water Works since he “was intimately involved in finance issues on our side of the lawsuit [litigation by the city against the Water Works, seeking control of Water Works assets].” Kincaid notes that the failure of Underwood to call the Water Works Board prior to the asset transfer was part of the reason the city did not receive a $20 million payment previously due. Kincaid points out that the job Underwood took has been vacant since December 1999, prompting concern about how long Underwood has had association with the Water Works Board. Also of concern to the Mayor is Council President William Bell’s trip to New York yesterday to visit rating agencies with “the Water Works people,” according to Kincaid. The Mayor notes that he has the power under the Mayor-Council Act to launch an investigation, which Councilor Johnson encourages. Johnson notes that Underwood has “a lot of very valuable knowledge about the city’s side of the situation [asset controversy] that will now be transferred over to the Water Works situation.” In a press conference following the Council meeting, Kincaid says he’ll proceed with caution for fear that an investigation into Underwood’s job swap might appear to be “sour grapes.”

Kincaid names coordinator of

Environmental Court

Mayor Kincaid announces the appointment of Ronald Jackson as neighborhood deputies coordinator to institute the long-awaited environmental court and neighborhood deputies program. Councilor Aldrich Gunn thanks the Mayor for acting on behalf of the environmental court as he urges the destruction of unsightly, hazardous rental houses of ill repute that cause city officials to “get the lockjaw,” according to Gunn. The councilor says that the dilapidated houses are nothing more than fronts for illegal activity. Another safety issue on Gunn’s front burner is children playing basketball in the streets. Gunn urges Birmingham police to inform children “that the street is not a playground,” warning that it’s only a matter of time before someone is hit by a car.

Preachers threaten Arrington

Boulevard businesses

A delegation of Birmingham ministers are present this morning to protest the recent lawsuit filed by some businesses along Richard Arrington Jr. Boulevard seeking to change the street (which technically doesn’t qualify as a boulevard) back to its original name of 21st Street. A Reverend Hagler expresses curiosity about the timing of the lawsuit in light of the recent Thomas Blanton trial and the visit of Tiger Woods. “It appears that racism is involved,” notes Hagler. “We regret having to deal with racism in the 21st Century!” He points out that no other lawsuits or complaints have been filed regarding other thoroughfare name changes, which he says were handled in the same manner as the Arrington Boulevard change. “We’re not going to sit back and let anyone erase the great accomplishments of our leader, Dr. Richard Arrington Jr.,” notes Hagler, calling Arrington “our Daniel, our prince, a modern statesman.”

Reverend T.L. Lewis echoes Hagler’s sentiments, promising that continuation of the lawsuit will result in protests in front of the businesses involved. Lewis says all one has to do is look at the contrasts in Birmingham before and after Arrington was mayor. “Start at City Hall, from the basement to the top floor, and you’ll find the spirit of Richard Arrington Jr.” He requests and receives a chorus of “Amen” from the dozen or so preachers on hand. Lewis says that there is “better than $10 million of our money down in these folks’ banks [in downtown Birmingham],” suggesting that “it might be time for a withdrawal!” Counting himself among the enlightened few, Lewis says, “We know what the real deal is with that. There are some of us who understand about this issue of the Water Board.” Regarding recent declarations of budget deficits, Lewis surmises, “Birmingham ain’t broke.” Pointing out the city’s high credit rating, Lewis says the city has more money than it ever has. “Let’s put the money on the table, get the ticks out of the policies, and let’s do business,” urges Reverend Lewis. He warns those picketing in front of City Hall for a sweeping change in the October Council elections that they will be tossed out if they try to picket at the pastors’ respective churches. Councilor Little proclaims the ministerial aggregate as “great men of God who have taken a stand for what’s right.” Little notes that she has one other issue she wants the ministers to investigate. “The airway is causing a lot of divisions in this city, giving out false information,” she says of local radio talk shows. Little encourages a boycott on doing business with those radio stations responsible for what she terms “miseducating of our people.” Councilor Alexander agrees with Little, urging the ministers to listen to area talk shows because the pastors are being called “pimps.”

No voting machines if referendum debt not paid

The Council again refuses to approve expenditures for the February 2001 referendum vote on the fate of the Water Works assets. Councilor Don MacDermott leaves the room before the vote. Mayor Kincaid reveals that a county commissioner told him over the weekend that unless the bills were paid, the voting machines would not be available to the city for the October 2001 Council elections. Noting the awkwardness in urging poll workers to file claims against the city to get their money, the Mayor says that it’s one way to get the referendum debt paid. Councilor Blake notes that he believes that Kincaid has the authority to pay the bill rather than going through the expense of litigation. Blake thinks the Mayor would probably win any challenge filed by a councilor over the payment. [After the meeting, Kincaid says any violation of the Mayor-Council Act on his part in paying the debt would be a misdemeanor, resulting in possible removal from office.] He urges Kincaid to put the vote on the agenda each week. “I noticed today that Mr. MacDermott left the room when the vote came up. Maybe next week two people will leave the room, and we might get this thing turned around,” says Blake. “I don’t blame them for leaving the room, because I’d be damn ashamed to not be willing to pay for a legally required referendum.” &

 

City Hall — April 12, 2001

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City Hall

April 12, 2001
March 27, 2001 

In honor of Women’s History Month, Councilor Aldrich Gunn salutes outstanding women from District Four. Mayor Kincaid and Council President Bell hand out roses to those honored, each taking a turn praising the importance of women, especially mothers. “We in Birmingham know from whence we’ve come,” acknowledges Kincaid. “And we know that those hands that used to pick cotton now pick presidents and mayors and city council people.” With a straight face, Bell takes his turn: “When it comes down to raising a young male, it takes a man to make a man out of a boy. But it takes a woman to make a gentleman out of a boy. And were it not for women, we would not have any history, because Adam would not have known what to do!” Those being honored laugh as Bell continues to pour on the charm. “When us men found out that we could go into a cave, it was a woman [who] said, ‘Nah, you got to put some paintings on the wall, you got to fix it up!’ And for that, women truly have been the motivator for civilization to move forward.”Domed stadium talk dominates the first half of the Council meeting. Councilor Lee Wendell Loder wants to know the source of funds before he’ll commit to a resolution that endorses State Representative John Rogers’ tax plan to fund part of the construction for the all-purpose facility. Noting that Birmingham made financial contributions to Mercedes and Honda though their plants were located in other cities, Loder urges financial support from surrounding cities and counties, who will also benefit due to the “regional attraction” nature of the domed facility and its ostensible positive economic impact. He also wants to “tie all the exhibition space we have in the city, including the Fairgrounds, to the multi-purpose facility, and have some funding to renovate the Fairgrounds and make it what it really should be.” [The Fairgrounds are located in Loder's council district.] Loder also expresses support for the “light rail system” that is scheduled to be discussed later in this morning’s meeting. He notes that the rail system would “be a supplement to the exhibition facility, to Rickwood [Field], to the Fairgrounds,” which would pour money into the western area of town. Loder fails to explain why the rail transit would make a stop at Rickwood Field, but does toss in Visionland as another reason to justify bringing such a transit system to Birmingham. Councilor Gunn endorses Loder’s light rail notions, adding that the airport, whose expansion plans he has angrily questioned, would also be included on the transit route. Councilor Blake reminds Loder that Birmingham citizens voted down a tax-funded domed stadium two years ago. Calling Birmingham the “highest-priced city government in the state of Alabama,” Blake warns that the proposed funding of the domed stadium will “compound the sins of city government in requiring the taxpayers of Birmingham to pay for amenities for the entire community. And it’ll do nothing to stimulate economic growth in the city of Birmingham.”

Although he supports expansion of the Birmingham Jefferson Convention Center complex, Councilor Don MacDermott objects to what he terms a “pin-the-tail-on-the-donkey” approach to expansion, which he defines as “[spending] a little money here, a little money there, building here, building there, and we’ll have a great facility.” He notes that Birmingham is not a “destination city,” such as Chicago, New Orleans, Orlando, and other cities to which Birmingham aspires. Council President Bell responds that the multi-use facility issue before the Council does not include any financial support. Rather, it will simply “clear up that ambiguity as to whether or not we [the Council] have the authority to move forward and even discuss [the dome issue], look at the options, [and] see where the revenues are to fund such an event or activity.” To this Councilor Blake replies, “If I lived in ‘Never Never Land,’ and I could get a domed stadium in Birmingham without the trade-offs and costs, I’d be for it.” Councilor Little notes the “golden opportunities” Birmingham has missed, citing “the airport [and] MAPS” as examples. Little bemoans the “national events” bypassing Birmingham because “we don’t have the facilities nor do we have the rooms and board to put people up.” She explains that the influx of new business and revitalization of existing businesses will result. “Who knows? We surely would probably attract some ‘big team’ to the city of Birmingham.” She urges the Council to send a message of support for a multi-purpose facility to the state legislature. While he supports the “concept” of a multi-purpose facility, Councilor Loder emphasizes, “I don’t buy half-built cars, and I’m not going to take a position on the issue until we get a final product before us. A lot of times we can’t negotiate because we show our hands on issues too early.” The Council votes in favor of the resolution, with Blake and MacDermott casting “no” votes. Loder and Johnson abstain. In closing, Bell adds that he has discussed forming a committee to study the funding of a domed stadium with the Mayor. City Finance Director Mac Underwood and Council Administrator Jarvis Patton are chosen to head up the committee.

Mayor Kincaid requests that Larry Reddick’s mother be allowed to address the Council before he has to leave the council chambers early this morning. Reddick was shot and killed by Birmingham police officer George Montgomery in November 2000 after a scuffle in which Reddick allegedly struck Montgomery with the officer’s baton. Leslie Weaver, Reddick’s mother, remains puzzled as to why her son was shot four times, including a bullet that she believes was fired into his back. An internal investigation concluded that Reddick was not shot in the back. Weaver says she kept her part of the bargain over the past several months by withholding comments while the investigation was going on, but refuses to be quiet any longer, demanding “justice.” She condemns the police department for allowing Montgomery to remain on patrol in the area where the incident occurred. She accuses Jefferson County District Attorney David Barber, who concluded that Officer Montgomery was in the right, of insensitivity. “David Barber tells me I look at TV too much. I don’t look at TV! I look at what he [Barber] gave me on that report. Y’all disrespected me. And you have to live before God, because God said, ‘Vengeance is Mine!’” Weaver says that she expects to be informed of the truth if indeed her son was in the wrong. But if Officer Montgomery is to blame, she wants him punished.

Councilor Little agrees with Weaver that Montgomery should not be patrolling the community where the incident occurred. Little also remains steadfast in her support for a police review board, currently being addressed in the state legislature. She also admits that she believes that “some police officers get on police forces to be bullies, and to bully people!” Councilor Loder also expresses support for the police review board, noting that he personally has not taken a stand on who was to blame in the shooting. Councilor Gunn praises Weaver for addressing the Council, endorsing the police review board, too. “Now that don’t mean the whole police force is wrong,” notes Gunn. “If you got a rat in the barn, you don’t burn the barn down. You get the rat out. And there’s some rats, and you need to get ‘em!”

Councilor Blake also extends sympathy to Weaver, but quickly adds, “We charge about a thousand men and women with the responsibility of upholding the law in the city of Birmingham. We give them a badge, and we give them a gun.” Blake notes that the Mayor, Council, and police chief all “establish policies as to how [police] are to do their duty.” He also adds that police officers put their lives on the line every day. If an officer acts outside the law, he will face the proper consequences, says Blake. But he further notes that there is “no better test of our integrity than whether or not we support their actions” when police act responsibly. Blake explains, “When [police] act according to law and work according to policy, I believe that the Mayor has a moral responsibility. I believe that each member of this Council has a moral responsibility to make a judgement, and everybody has ducked judgement on this one but me, unfortunately, when it comes to public comments.” Councilors Little and Gunn vehemently protest when Blake tells Weaver that her son was to blame in the incident. Blake shakes his head and yells back that the Council is acting “irresponsibly.” He protests Gunn’s labeling of Montgomery as a “rat,” shouting,
“We’ve got a man who followed the law, who did his job and put his life at risk, and you moral cowards won’t back him up because it’s an issue of race! And I am tired of it! Why don’t we just have a policy that white officers can’t go into black districts!”

April 3, 2001

Councilor Little requests that a memorandum from Council President Bell to all councilors regarding “budgetary shortfall” be read into the minutes this morning. In the memo, Bell blames the city’s loss of $20 million in revenues from the Birmingham Water Works Board on Mayor Kincaid for his “failure to execute his duties as administrator, and the ongoing litigation involving the Water Works Board.” Kincaid announces he’ll respond to Bell’s memo next week. The Mayor explains that “the situation in which we find ourselves is a result of a confluence of activities. Neither of us put ourselves in it. [But] we could point fingers.” The Mayor explains in what direction some of the fingers point: “Had the Law Department and the Finance Department been contacted once the judge made his ruling, and we had gone through the proper process, the $20 million would have been transferred before the documents were signed.”Councilor Sandra Little’s main concern is the Roosevelt City fire station budgeted for her district. Kincaid notes his intent to work with the Council, but issues a warning: “Everything has to be on the table. We can not cherry-pick those items that are politically expedient,” pointing out that the Council has almost $600,000 in its consulting budget, a potential area to make up for the financial shortfall. “Probably neither one of us is going to like the final product totally, but at least it will be a joint effort. I think the citizens of Birmingham deserve nothing less,” the Mayor tells Councilor Little. Promptly condemning Kincaid for going on vacation last week while the city was facing news of budget deficits, Little reads from a list, compiled by the Finance Department, of possible budget cuts, including summer youth jobs, the Solid Waste Authority, and the Central Alabama African-American Chamber of Commerce. “And surely the Roosevelt City fire station is on here,” Little notes as she quickly scans the list.

Councilor Jimmy Blake explains that the councilors who “voted to give away the golden goose, the Water Works, got caught with their pants down” for budgeting the unreceived millions once expected from Water Works Board revenue. Blake concedes that
“at one level, the Mayor could have probably been more effective in terms of grabbing that money before it was stolen, given away, however you want to describe it.” The resulting deficit “implies that we are in proration in the city of Birmingham,” notes Blake. “Giving away the Water Works of the city of Birmingham costs the taxpayers of this city $27 million minimum each year, starting at a deficit of $16 million this fiscal year,” argues Blake, who urges the public to elect councilors who will “appoint people to the Water Works Board who will commit to giving us back that most valuable asset.” Blake stresses that such a council pledge must be an “absolute in-blood commitment” that includes the “firing of Charlie Waldrep [attorney representing Water Works Board interests] and all the other people who are pulling strings of the puppets down here on this Council!”

Following unanimous approval by the Council of his resolution for a substantial pay raise for Birmingham policemen and fire fighters, Councilor Blake introduces a resolution proposing phasing out the city’s occupational tax over a 10-year period. Blake calls the tax the “greatest economic stimulus for growth in the rest of Jefferson County that doesn’t have the occupational tax.” Mayor Kincaid addresses Blake’s proposal first, spurring a round of knee-slapping comments. “This borders on being schizophrenic,” says Kincaid as Councilor Gunn giggles uncontrollably. “Just a second ago we had an issue before us where we were talking about increasing the pay of fire and police,” says the Mayor, noting that the pay increase would be “quite a hit on the city’s budget.” Kincaid explains that the occupational tax represents 20 percent of the city’s general fund budget. He notes that “tens of thousands of people converge on the city of Birmingham,” expecting and receiving police and fire protection and “relatively smooth streets” to drive on. “You can’t assault the general fund budget with pay raises on one hand, and on the other hand, start sending out 20 percent of it,” concludes Kincaid.

Requesting that television cameras in the council chambers focus on him, Council President Bell offers the Mayor a wink and big “thumbs up” in agreement. Councilor Little also endorses the Mayor’s comments, laughing, “I think the councilor [Blake] is not schizophrenic. He’s gone crazy now. Just plain ole crazy. And I think he probably pulled his own pants down on this one!” Councilors collapse in fits of laughter. “I don’t know if he’s trying to kill the city of Birmingham or build the city of Birmingham,” says Little as she tries to suppress her own giggles.

Councilor Blake, who also has a resolution on today’s agenda calling for phasing out sales tax on food and groceries over a six-year period, says that he put the proposals regarding the occupational tax, food tax, and pay raises on the agenda to prove a point: “If you give away the Water Works Board, if you give $10 million a year to an ‘upside down fruit bowl [domed stadium],’ and if you give millions to Mercedes, to Honda, you can’t run city government.” Blake pulls his resolution regarding phasing out food and grocery taxes from the agenda.

Councilor Gunn gets the last word on political game playing, noting that Blake is “not the only one who wants to kill this city.” Frowning on the sale of Quinlan Castle this morning for $450,000, Gunn admits that he agreed with the sale only because he had promised to go along with the sale earlier. “That’s a very historical place over there [Quinlan Castle]. And if somebody could get $4.3 million for a hut [presumably a swipe at Blake for the high price he got for selling his mansion in the past year], and we can’t get a million dollars for a castle in Birmingham? And that’s no lie. That’s a castle up there,” scolds Gunn. “It’s not whose head you scratch, but where you itch.” &

 

City Hall — December 19, 2000

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City Hall

January 04, 2001

December 19, 2000

Facing the dozen or so Birmingham Water Works employees attending this morning’s Council meeting to voice support for the return of the region’s water system assets to the Birmingham Water Works Board, Councilor Jimmy Blake expresses disbelief when Water Works employees are requesting that the city “not hold our assets hostage.” Blake promptly reminds the employees that the Water Works assets belong to all the people of Birmingham and are one of the most valuable assets the citizens have. Blake characterizes the employees’ gushing praise of the Water Works Board management as “naive,” and reminds everyone in the council chambers that not too long ago the Water Board wanted to turn the Water Works assets over to the city. He urges Water Works employees to avoid being used as “tools [of the Water Works Board]” and not to allow themselves to be “fooled.” Blake warns the public that the Water Board is a “highly politicized organization that used strong-armed tactics to get a resolution through this Council to essentially take the assets of the citizens out of the control of the city.” He further condemns the Water Board because it “has not been honest with the people of this city on a hundred different occasions,” according to Blake. Councilor Sandra Little shouts “Point of order!” as she tells Council President Pro Tem Aldrich Gunn, presiding over the meeting in Council President William Bell’s absence, that Blake is out of line because no one from the Water Works Board is present to defend themselves. As Gunn tries to hush Blake, the outspoken councilor shouts to the Water Works employees present, “Don’t be fools or tools!”

The Central Park Chargers 115-pound youth football team is present this morning to be honored for winning the national youth football championship in Daytona Beach, Florida. Central Park is a “split district,” divided by Councilors Little and Lee Loder, who have a few words of praise. “Thank you to this great football team!” Councilor Little tells the kids as she glows with pride. She urges everyone to support the Central Park league, emphasizing the improved conditions of the Central Park playing field due to recent upgrading from the Parks and Recreation Board. [Little is chairperson of the Parks and Recreation, and Arts Committee.] As a testament to the improved safety of the neighborhood, Little notes that she recently contributed money from her district discretionary fund to “secure the concession stand [at the football field] with burglar bars.”

Councilor Little complains to Mayor Kincaid about big trucks roaring down South Park Road next to the South Park Apartments, which are located in her district. “There are some 18-wheelers that’s going through there pretty fast, and we’ve been having this problem for about a couple of years,” says Little. The councilor notes that the addition of speed-breakers is not allowed, as such drastic measures to automatically slow automobiles and trucks would hinder emergency vehicles. Little says that she studied other city traffic dilemmas at seminars conducted at the League of Cities conference she and several other Birmingham city councilors recently attended in Boston [at last, evidence of something productive emerging from the notorious League of Cities conferences that councilors jet to at taxpayers' expense], and suggests erecting stop signs in place of speed-breakers to slow traffic flow.

John Garrett, head of the Traffic Engineering Department, tells Councilor Little, “Stop signs are not really intended as a speed control device. Their main purpose is to assign the right-of-way at intersections.” Garrett promises to look at the intersections along South Park to search out speed control methods that “might have an impact on those trucks.” Little cites the South Bessemer Housing Community as an example of stop signs in the middle of streets to slow traffic flow. Explaining that the use of stop signs at any location on a street other than an intersection is an “inappropriate use of a stop sign,” Garrett says the suggestion “would not comply with the national standards and things that we’re supposed to comply with.” Little argues that there are areas that do incorporate such stop sign practice, citing the aforementioned south Bessemer public housing [Little initially refers to the Bessemer community neighborhood as "the projects," but quickly switches the reference to "public housing."]. Acknowledging certain exceptions to stop sign placement, Garrett recognizes certain “public housing and private roads.” He quickly adds, “And with all due respects to Bessemer, they do not have a professional staff [laughs] of the type that Birmingham does.”

A resolution authorizing Mayor Kincaid to enter into a $150,000 contract with the Birmingham Construction Industry Authority [BCIA] to provide comprehensive assistance and certification of minority and disadvantaged businesses and enterprises is on today’s agenda. The encouragement of career opportunities for minority and disadvantaged students will be also be included through scholarships. Councilor Blake wants “somebody to define the terms minority’ and disadvantaged,’” a request that prompts Councilor Sandra Little to laugh uncontrollably. Council President Pro Tem Gunn smiles at Blake and says, “In this case, that’s you.” Sandra Little laughs even harder as Gunn continues his explanation to Blake: “You’re a minority on this Council. But you’re not disadvantaged. Disadvantaged is me when I get out into the public. I’m a minority when I get out into the circle of the world if, you want to talk about definitions and everything.”

At one time Birmingham had a program in place that set aside 20 percent of all city construction work for ethnic groups, most of which went to blacks, according to Mayor Kincaid. The Associated General Contractors filed and won a lawsuit against the city over the program. As a result, the city implemented the Birmingham Plan, a volunteer effort by general contractors to assist minority businesses and enterprises in securing subcontracting work. The BCIA coordinates the volunteer program.

Acknowledging that he understands the program, Blake responds: “My objection is this. We all are talking about pledges to end racism. And when we pass a law that is for the specific benefit of a particular race or gender group, we are perpetuating racism. We are flying in the face of that pledge [Birmingham Pledge] as it relates to racism.” Blake also questions restricting scholarships to students based on race. Mayor Kincaid replies, “You might not like what it stands for. You might not like the fact that it has a genesis in race. But it is the law.” Councilor Blake questions the propriety of citizens financing the program, to which an angry Kincaid answers, “Yes [they should], because understand this [speaking to Blake]. This city is 73 percent African-American by race, and blacks don’t get a fair share of the building!”

The vote is taken, with Blake voting “No” while the other two white councilors, MacDermott and Johnson, abstain. Council President Pro Tem Gunn resoundingly votes approval, practically shouting “Yes, to the second power!” Councilor Blake asks Gunn, “What kind of a vote is that, Mr. Pro Tem? A Florida vote?” &

City Hall — December 5, 2000

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City Hall

December 21, 2000December 5, 2000

No City Council meeting.

December 12, 2000

Accompanied by a sheep named “Timmy,” Patty Pendleton of the Birmingham Zoo makes her annual visit to the council chambers to promote Zoolight Safari, the yearly Christmas extravaganza staged nightly at the zoo, featuring “half a million lights,” according to Pendleton. Before she is through with her presentation, the number of Yuletide lights will grow to a “million.”

Mayor Kincaid announces an increase over last year in the number of riders taking advantage of the city’s expanded holiday bus service. According to Kincaid, the first week saw a 16 percent increase from 1999, the second week a 74 percent increase, and the third week a 43 percent increase in ridership. He thanks the Council for approving appropriation for the extended night and weekend service.

Calling the morning invocation “fascinating,” Councilor Jimmy Blake questions “whether it’s appropriate for us to have an invocation that invokes the Lord’s actions on behalf of one political agenda or another political agenda.” Blake tells Council President Bell that if this trend, which he notes is a frequent feature of weekly meeting invocations, continues, “we will need to start having equal time in invocations,” an idea that Blake frowns upon, as he encourages nonpartisan prayers. Councilor Aldrich Gunn replies that no one should determine “how one talks to his God, whether it’s spoken in the closet or uttered through the tongue.” Gunn further suggests that critics of council meeting prayers are employing selective listening techniques. Gunn finishes his response to Blake by noting, “If you know the prayers that some of us have had to pray, you would never understand it.”

The Council’s approval of an off-premise beer and wine license at Dee’s World in Pratt City commands a great portion of the morning half of today’s Council session. Sylvester Benson and his sister Donna, the store’s owners, are present with a petition containing “over a hundred names of people that are for the convenience store having off-premises beer and wine,” according to Sylvester Benson. He notes that he and his sister recently presented their proposal at a Pratt City community meeting, where they lost by a vote of 12 to 7. Moments after the vote, eight supporters of the convenience store beer and wine license walked into the meeting, but the Pratt City community president “refused to grant a second recount,” says Benson, staring into the eyes of councilors as he utters the word “recount.” Benson also has his mom in tow, and she offers up a handsome endorsement of her kids to the Council. Councilor Leroy Bandy, who immediately notes that the store is in his neighborhood, does not want the license granted. Bandy’s list of problems over the past several years within the store’s vicinity includes “gang members on the corner, drive-by shootings, shooting into people’s homes.” The councilor notes that when the store previously closed, questionable activity in the neighborhood settled down. “Sure, they [Pratt City residents] welcome a store. They welcome milk and bread. Honey. But why does everybody wanna sell beer and wine?” Bandy wonders, noting that he has lived in the area for 53 years. An angry Sylvester Benson responds, “I’ve been living in Pratt City all my life, also. And I know from standing here, you can’t say beer and wine caused the shootings in that area.” His sister Donna and his mom nod their heads vigorously in agreement. “It was the drugs and narcotics in that area which caused all the problems over there,” says Sylvester Benson. He further testifies that the neighborhood community president that denied his “second recount” had her house fired upon because her “son-in-law was a big-time drug dealer in that area!” Several councilors shout “Point of order” to hush Benson. Councilor Bandy becomes even angrier, asking in a scolding tone. “What are you gonna put wine and beer on top of drugs for? This is what I’m saying, young man.” Bandy begins to move his hands in a churning motion, his eyes growing wider as he surmises, “When you mix all that stuff up together. . . . Boom! There it is!” Benson replies that other businesses in the immediate area sell beer and wine without incident. The Bensons’ mom suddenly intervenes. “My son is a corrections officer. We do not condone drugs!” she proudly notes. The Council votes to postpone making a decision on the license for eight weeks, urging the Bensons to patch things up with the neighborhood and its maligned president.

The Council votes down the approval of an additional $1 million to the city’s Law Department to cover outside attorney fees. The $1.2 million the Council approved in the budget for fiscal year 2000-2001 was less than half of what had been allocated to the Law Department in past budgets, according to City Attorney Tamara Johnson. Councilor Little requests that invoices for outside attorney fees be submitted to the Council in order for the money to be allocated. Councilor Blake proposes that “the hiring of outside attorneys should be the exception, not the rule.” Blake requests the “specific purpose” of any necessary outside legal aid be clarified by Mayor Kincaid and City Attorney Johnson. Councilor Blake also asks that a cost estimation over a limited, specified period of time be included in such explanations. If more money is needed, then the Council could be petitioned for additional funds on a specific basis, according to Blake. Mayor Kincaid jumps in to remind Blake that $1 million was removed from his 2000-2001 budget proposal. The Mayor suggests that if other cities’ legal fees are studied, Birmingham would fare well comparatively. He stresses that it is “absolutely essential that we go outside [use non-city attorneys] to avoid conflicts, and to garner expertise as needed.”

Blake responds that he doesn’t object to paying any of the legal fees presently due, but he repeats that he is not going to vote to pay any more outside attorneys until their roles and budgets are clarified. “We’re gonna have to plug the holes, whether they’re holes that existed prior to this administration or since this administration. The Council has to grab the responsibility for knowing and scheduling the expenses of this city,” warns Blake. “There’s not one issue that’s gotten more coverage, that relates to the sort of sleazy dealing [Blake indicates quotation marks with his fingers] of the city of Birmingham, that is greater than the issue of outside attorney fees. And it is time for us to take a responsible position on that,” concludes the councilor. Councilor Gunn proposes allocating a half million dollars for the attorney fees, as $438,000 is the amount currently due. Mayor Kincaid expresses his appreciation to Gunn for offering compromise [for trying to play Solomon here], but notes that legally it’s the mayor’s call to request the payment of outside legal fees. City attorney Tamara Johnson emphasizes that the Mayor-Council Act “specifically points out that the Mayor supervises and controls the financial affairs of the Council.” In response to Councilor Little’s request for making invoices available to the Council, she says that some invoices are not allowed to be shared with the Council, such as those for cases that involve attorneys representing the Mayor in his official capacity. Councilor Blake reminds Johnson that the Council passed an ordinance that limits the Mayor to an expenditure ceiling of $10,000 without Council approval. “No more blank checks!” Blake reiterates angrily.

Council President Pro Tem Gunn closes the session by noting, “It has been a long day.” Gunn thanks each councilor for participation in the “longest Council meeting since I’ve ever been on this Council [5 hours, 45 minutes].” &

City Hall

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City Hall

September 12, 1000

By Ed Reynolds

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September 28, 2000

Council President Pro Tem Aldrich Gunn supervises today’s meeting in the absence of President William Bell. A resolution commending the Birmingham Pledge Task Force, MSNBC, and Newsweek for their participation in the Birmingham Summit, a two-day conference designed to promote racial harmony, is the first order of business. Gunn tells the Council that his third child was born the night the bomb killed the four young girls at Sixteenth Street Baptist Church. Mayor Bernard Kincaid, who has refused to sign the Pledge because it fails to stress actions over words, notes that this [recognition of the Pledge, including its author, Bill Rotch] is an “awkward moment for the Mayor.” He reminds the Council that Birmingham has come a long way, emphasizing that he is working with officials of the Pledge to “take action steps,” which he believes will make the document more concrete.

Councilor Jimmy Blake explains his “no” vote on the resolution, insisting that the Pledge demands “we not sit quietly when we see things that, in my judgment, are not acting or behaving in a manner that’s going to reduce racism but, in fact, might inflame racism.” Blake further condemns those whom he regards as “blind in one eye.” He elaborates: “They can see black but they can not see white. They can see racism in white people but they refuse to see racism in black people.” Blake reassures everyone that he opposes racism by both blacks and whites. The councilor further condemns the presence of Johnnie Cochran and Al Sharpton at tonight’s town hall meeting on racism at Sixteenth Street Baptist Church. Blake refers to their presence at the meeting as “outrageous,” prompting Councilor Sandra Faye Little to shout “point of order” to quiet Blake. He then goes on a tirade about last week’s Council meeting that addressed minority hiring practices by the University of Alabama at Birmingham, referring with disgust to what he called attempts to “hold UAB hostage.”

Councilor Bill Johnson, whose wife is actively promoting the Birmingham Pledge, says that Blake’s comment about the UAB racial hiring discussion proves that “it’s [racial discrimination] there. It’s under the surface all the time.” Blake responds to Johnson: “I very much value the Birmingham Pledge,” stressing that it will only work if “we’re not hypocritical as to how we apply it.” Blake reads a line from the Pledge to illustrate his point: I will discourage racial prejudice by others at every opportunity. “I am a white guy who’s saying, ‘Hey, this is a two-way street,’” explains the councilor. “And by showing that kind of disrespect, Mr. Johnson, you are . . . ” Johnson immediately interrupts Blake, calling him “out of order because this item’s over!” Blake slips in a final word, shaking his head, saying to Councilor Gunn, “Mr. Pro Tem, our order in this chamber seems to be racially motivated sometimes.”

Approximately 20 residents living near the Birmingham International Airport are present for a public hearing on the formation of a permanent task force seeking solutions to unbearable living conditions created by airplanes flying over neighborhoods. “Just imagine if you lived out in the area and had 80 flights flying over your house every day,” Councilor Johnson tells the Council. Gunn reduces the traditional three minutes each citizen is allowed to address the Council during public hearings to one minute. Objections echo through the council chambers. Justifying the time reduction as necessary because of the large number of people desiring to speak, Gunn notes that “nobody lives any closer to the airport than I do.” An airport neighborhood resident shouts, “Yeah? Well why don’t you represent us like you’re supposed to?” An angry Gunn calls for a police officer to remove anyone else who speaks out of turn again.

Councilor Lee Loder joins Johnson in protesting Gunn’s one minute allotment. A vote is taken on how long to allow residents to speak, but Blake’s temporary absence from the chambers gives Gunn the majority he needs to enforce the one-minute rule. Gunn then agrees to give each speaker a five- second warning when their minute is up. Councilor Johnson is obviously disgusted.

Included in residents’ complaints about the airport is the dumping of excess fuel by airliners before landing, which neighborhood residents blame for respiratory ailments, leukemia, and cancer. One woman says even the animals are acting out of character. “Birds don’t sing and nest like they used to. And the squirrels act nutty,” she explains. Another resident invites councilors to live with her for a week to observe the deplorable conditions in which she and her four-year-old daughter live. An elderly woman warns that future airport extensions will be keep residents from sleeping day and night. “You think we’re living in hell now? Just wait until they start more expansion,” she says. She also notes that there are “children that have been in their yard playing, putting things in their mouth. Down the road those children are going to have diseases and sicknesses that will be traced back to the airport.” Local radio talk show host Frank Matthews, who has been an airport neighborhood resident for a decade, issues a threat. “I firmly believe that it takes a revolution to get a solution,” Matthews says, noting that residents could be relocated for $10 million. “We’re gonna make you understand the way Miami does things. Therefore, I threaten you [the Council] this morning that we will take our cars early one morning so you won’t know when it will happen, and we will line them up and stop people from getting into that airport!” Gunn responds that this action would likely land Matthews in jail.

After the neighborhood representatives have finished addressing the Council, Johnson explains that the primary goal of the task force is to open better lines of communication between the Airport Authority, the community, and elected representatives. Mayor Kincaid expresses his support for the task-force resolution, acknowledging that residents are certainly justified for feeling ignored, as the Airport Authority did not hire a public-relations representative until earlier this year. Councilor Blake demands that the Airport Authority reveal its future expansion plans, noting that the Council should be included in whatever decisions are made regarding expansion.

Councilor MacDermott is critical of pilots, noting that even though the airport is not in his district, the airplanes fly directly over his house. “Stray pilots like to see how close they can cut it [flying too close to his home].” Councilor Pat Alexander, who is on the Airport Authority, promises she will do everything in her power to bring the Authority and residents to common ground.

Determined to get the final word, Councilor Gunn says that no one has lived near the airport as long as he has. He suggests that the Council hold a meeting there with the Airport Authority present to “hear your [neighborhood residents] whims.” To illustrate his empathy with the neighborhood, Gunn recounts his own personal airport nightmares. He repeats a story he frequently tells about the afternoon in 1944 when he watched in horror as a skydiver’s parachute failed to open at an air show. &

 

City Hall — October 12, 2000 & September 26, 2000

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City Hall

October 12, 2000

September 26, 2000
 The summer drought takes center stage at tonight’s Birmingham City Council meeting. Mayor Kincaid reads a memo from the Birmingham Water Works regarding emergency procedures for the rapidly depleting Lake Purdy water source, most of which serves Mountain Brook, Hoover, Cahaba Heights, Homewood, and Vestavia. One option is to add a surcharge to the water bills of those who surpass a predetermined monthly amount. As the city’s legislative body, the Council would have to approve the surcharge because it is considered a rate increase. The surcharge could garner up to $4 million in penalties for the Water Works, though the Water Works Board emphasizes in bold print in the memo to Kincaid that they are not interested in the money. The other option calls for the Mayor, the acting manager according to the Water Works’ agreement with the city, to declare an emergency. A declaration of emergency would levy penalties that include a $200 daily fine and up to 180 days imprisonment for violations of water conservation. Kincaid refuses to declare an emergency without the Council also taking action.

Mike Vann, general manager of the Birmingham Water Works, addresses the Council, stressing that “we are approaching a crisis situation.” He says that Lake Purdy is currently at less than 40 percent capacity, noting that the situation has evolved from “an extreme drought to an extraordinary drought.” The Water Works Board has determined that the surcharge option would be $5 per 100 cubic feet per month for water usage over a determined national average rate of 1400 cubic feet per month for a family of five.

Councilor Sandra Faye Little says she will not approve the surcharge because the people in her area are not the cause of the problem. Irate about expensive water bills, she points out that her home water bill last month was $77. “I don’t wash that much,” she says. Little contends that she was prepared to object to high bills regardless of the drought problem coming up on the agenda. Water Works representatives explain that the Warrior River is the source of water for her district.”I think the surcharge should be put on these people that are using these enormous amounts of water. I don’t intend for my people to be burdened with bearing other people’s problems.” She urges State Attorney General Bill Pryor to get the “state police” to enforce any violations by other municipalities. “Since he wants to get in everything, then he needs to get in this,” surmises Councilor Little, referring to Pryor’s earlier opinion that the Water Works cannot be used by Birmingham to finance city projects since other municipalities also rely on the Water Works as a water source.

Councilor Aldrich Gunn wants to know why water can’t be transferred from other sources to Lake Purdy, and asks if water is pumped through “antique pipes” at Lake Purdy. Mike Vann acknowledges that some of the pipes are old but are “working just fine.” “Birmingham has never experienced a drought of this magnitude,” Vann further states. Gunn replies, “Maybe it’s because we been playing with the Water Board for so long.” Refusing to support the surcharge, Councilor Gunn suggests that someone perform a rain dance to replenish Lake Purdy.

Councilor Loder ponders the legality of placing a surcharge only on residents contributing to the drought. The city’s legal department replies that rates have to be applied in a uniform manner, because the rate increase can’t be used as a penalizing tool. The role of the water crisis as a test of City Hall’s managerial skills is not lost on Loder. “This is one of our first tests of the water system,” the councilor notes, stressing the importance of overcoming the crisis if the city wants to continue managing the system.

Councilor Don MacDermott calls the crisis a “classic example” of why he supports removing all water system assets from the city and returning them to the Water Works Board, stating that this is a problem with which the city shouldn’t have to contend. MacDermott says the city can’t pawn off its problems if it wants to control the water supply. It must instead provide a leadership role. Mayor Kincaid reminds MacDermott that the unsavory options of surcharges and penalties is a creation of the Water Works Board.

Mayor Kincaid says that he wishes the present problem were his because he would find “competent management to make sure that this situation was avoidable.” The Mayor, who wants the Water Works to become a department of the city with professional private management and a regional advisory board, cites the short-sightedness of the Water Works Board. “We left Lake Purdy in splendid isolation while Mulberry Fork and all the other places that have plenty of water are not connected to [Lake Purdy].” Kincaid adds that he would have no problem solving the dilemma. Councilor Gunn jumps in for the final word. “I think that Lake Purdy will be filled back up before we resolve this one,” says Gunn. No state of emergency is declared, and the Council makes no recommendation. No action is taken to solve the drought crisis this evening.

 

October 3, 2000

 



 Councilor Blake is absent from today’s meeting; however, Council bickering continues in the combative councilor’s absence. A flurry of morning skirmishes between Mayor Kincaid and the Council prompt the Mayor to angrily express his disdain for what he refers to as “being ambushed.”

In response to the continuing drought, Mayor Kincaid and other local municipalities on September 28 finally declared a “water emergency” which allows penalties to be attached to water usage violations. Watering yards; washing automobiles, trucks, trailers, and railroad vehicles [excluding automated car washes]; cleaning outdoor surfaces; defective plumbing leaks; and the filling of swimming pools are prohibited. Twenty-five thousand fliers will be distributed by Birmingham police to inform residents that violations of the water restrictions are punishable daily by a fine of $200 and up to 180 days in jail.

Councilor Little complains about the lack of police in her district. Kincaid notes that the problem won’t be solved this morning and points out that there are “surrounding municipalities that pay exponentially, some as many as five figures, more to their police officers than we do.” He suggests that discussion addressing police shortages be examined during the coming weekend council-mayoral retreat in Point Clear. Mayor Kincaid suggests a possible fifth police precinct. But Councilor Little says, “Mr. Mayor, I’ve been crying for a precinct ever since I’ve been on this Council for District Seven. We don’t even have a precinct over there!” Kincaid replies, “Maybe you didn’t hear me. I didn’t say put a precinct in District Seven.” Councilor Little’s temper escalates dramatically at the Mayor’s response, and she blurts, “Oh, yeah, it would be in District Seven! I think everybody else is covered!”

Councilor Little also inquires about the status of the “environmental court,” a legal entity designed to address environmental violations by neighborhood residents. Kincaid says that the issue of deputies is holding up finalization of plans because he and Council President Bell disagree on who should be deputized. Bell wants neighborhood residents to serve as enforcers of neighborhood environmental violations, but Kincaid is uncomfortable with Bell’s proposal: “I don’t think neighbors ought to police neighbors. I think it ought to be a police action of the state. Mr. Bell and I have come to some tacit agreements as to how we are going to fashion this. And we are working to hammer that out.” Bell immediately takes issue with Kincaid’s assessment of their discussion. “Mr. Mayor, I’ve allowed you to tell the press often times that you are scheduling meetings with me. We haven’t hammered anything out,” says Bell. Kincaid agrees that nothing has been “hammered out,” but reminds Bell of their “tacit agreement.” Kincaid offers to define “tacit” for Bell.

Kincaid and Bell continue to argue about the environmental court until Bell finally asks the Mayor when it was discussed, to which Kincaid replies, “In your office, that same day you said, ‘Don’t come back here shuckin’ and jivin’.’”

Councilor Little acknowledges another “emergency” facing the city this week. She introduces Tim Perell, producer of the independent film World Traveler currently being shot in Birmingham, and Michele Foreman of the Governor’s Film Task Force. Pointing out the value of making movies in Birmingham, Foreman notes that before those involved with shooting the movie leave town, they will have spent $400,000 in Birmingham in one month. Apparently the film crew has run into problems securing the state fair for a shoot the Thursday night before the fair opens. “Just to let you know the kind of crisis we’re in, they have a movie star, Julianne Moore, who has been nominated for two Academy Awards, arriving for the scene [at the fair].” Foreman also says that 200 community extras are supposed to be included in the fair scene. The film needs all the carnival lights left on for the shoot, as well as access to five fully operational rides. Perell is disturbed by “exorbitant costs” the movie would have to absorb to cover opening the fair to shoot a movie for just six hours. Little says that the Birmingham Arts Commission (BAC) could possibly cover the costs of operational needs. The councilor, head of the Park, Recreation, and Cultural Arts Committee, which had direct contact with the World Traveler production crew, had previously insisted that the film use students from Lawson State [which is in her district] as movie extras in addition to the UAB students already secured. She asks the Mayor for any comment.

An angry Kincaid replies, “You might not want to hear it. I’m tired of being ambushed up here on the Council.” The Mayor explains that United Shows of America, who stages the fair, has the contract for 10 days, the duration of the state fair. United Shows told the film company that they were welcome to film on the night requested, but they would have to pay $5,000. Foreman apologizes for not knowing that the film company should have approached the Mayor.

Perell explains that he has been talking to staffers from the Mayor’s office for two weeks. Little reassures Perell that the money will be found to cover the fair costs, emphasizing the “emergency” nature of the situation. Bell suggests that the fair operator be contacted to see if payment can be delayed. The Council President agrees to place the $5,000 request on next week’s City Council agenda.

City Finance Director Mac Underwood says that the BAC money Little wants to pay the fair operator is targeted for specific purpose. Little disagrees. Councilor Gunn asks what the movie is about. Tim Perell tells Gunn that it’s “about a man who is traveling cross-country trying to find himself in many ways, and learning to be a parent to his son.” Gunn replies, “All right!” Bell asks if it is Forrest Gump 2? Everybody, including Perell, laughs.


Kincaid says that his staff “has been dealing with someone named Heather Brinson, not these individuals,” pointing at Perell, the movie’s producer, and Foreman. The Mayor says that his office has been cooperative by working out traffic engineering plans as well as use of the police and fire departments. He also notes that he had turned down a film crew request to turn on city fire hydrants to simulate rain. “We’ve done a yeoman’s task in trying to accommodate [the film crew].” Little tells the film group to go ahead and proceed with plans as scheduled for the fair shoot, promising that the Council will “have the money in place.” &

 

City Hall — September 19, 2000

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City Hall

September 19, 2000

September 28, 2000

Council President William Bell thanks Mayor Kincaid for “the pleasant time we had yesterday morning at breakfast,” promising to arrange for other councilors to meet “one on one” with Kincaid. The Mayor acknowledges his enjoyment, telling Bell it was “worth the price of admission.”

The Boy Scouts thank the Council for its support of the scouts’ Camp Challenge program held in August. Purple T-shirts are distributed to the Council in appreciation. Council administrator Jarvis Patton asks why the shirts are purple, prompting Bell to tell Patton that “Tinky Winky is purple [the infamous "Teletubbies" character].” Bell references a study he had seen indicating that any kid going through the Boy Scout or Girl Scout program receives the “equivalent in training of going through a full four-year institution.”

The city’s plan to vacate a portion of Ridge Park Avenue to Sloss Development so that a parking deck can be constructed at the site of the newly renovated Rust Building prompts the Council’s unavoidable “argument of the day.” Sloss Development also requests waiving the $15,000 vacation fee it is asked to pay for constructing the parking deck on the vacated street. Councilor Johnson commends Sloss for the “outstanding job renovating what was truly a very prominent eyesore in the city of Birmingham.” Johnson moves that the fee be waived, but Bell objects, fearing the Council will “always be bombarded with waiving a fee” if a precedent is set dropping fees for private sector development.

Councilor Blake agrees with Johnson’s assessment of a job well done by Sloss. However, Blake notes that the Council has “on many occasions waived vacation fees when businesses were put in place that increase the number of jobs in Birmingham.”

Councilor Little tells Johnson that he should have gotten together with other councilors if he wanted the fee waived. “Just to bring it to this floor like that is just like a shotgun, and I can not approve that,” Little surmises. Johnson replies that he wasn’t aware of the request to drop the fee until right before the Council meeting. He says that the Council has “sent $10 million down to the Summit,” calling the Rust Building project “a good investment, equally along the lines of the investment we made out on the Summit.”

Councilor Loder says the proper time to request the waiver is beforehand, when putting together an economic package to attract investment. Loder, however, has a deeper gripe, questioning the waiving of fees for nonprofit organizations. “Just because an organization is nonprofit doesn’t mean it doesn’t make a profit. In today’s times, a lot of nonprofit organizations own for-profit organizations under the umbrella of nonprofit.”

Blake leaps back into the fray and urges the Council to be consistent in its application of waiving vacation fees. He finally suggests that perhaps the Council is refusing the waiver because the Rust project is in his district. The vacation is approved. The fee, however, is voted to remain in place when Loder votes with Bell’s Council majority. Blake leaves the chambers and doesn’t come back.

Bell ends the relatively short meeting on a light note, holding a pair of women’s sunglasses found in the ladies’ room at City Hall. Commenting on the expensive quality of the glasses, Bell speculates that “I might look cute in them” should they remain unclaimed. Councilors laugh, unable to hide their joy at finishing a Birmingham City Council meeting in only two hours.

City Hall September 19, 2000

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City Hall

September 19, 2000

September 28, 2000

Council President William Bell thanks Mayor Kincaid for “the pleasant time we had yesterday morning at breakfast,” promising to arrange for other councilors to meet “one on one” with Kincaid. The Mayor acknowledges his enjoyment, telling Bell it was “worth the price of admission.”

The Boy Scouts thank the Council for its support of the scouts’ Camp Challenge program held in August. Purple T-shirts are distributed to the Council in appreciation. Council administrator Jarvis Patton asks why the shirts are purple, prompting Bell to tell Patton that “Tinky Winky is purple [the infamous "Teletubbies" character].” Bell references a study he had seen indicating that any kid going through the Boy Scout or Girl Scout program receives the “equivalent in training of going through a full four-year institution.”

The city’s plan to vacate a portion of Ridge Park Avenue to Sloss Development so that a parking deck can be constructed at the site of the newly renovated Rust Building prompts the Council’s unavoidable “argument of the day.” Sloss Development also requests waiving the $15,000 vacation fee it is asked to pay for constructing the parking deck on the vacated street. Councilor Johnson commends Sloss for the “outstanding job renovating what was truly a very prominent eyesore in the city of Birmingham.” Johnson moves that the fee be waived, but Bell objects, fearing the Council will “always be bombarded with waiving a fee” if a precedent is set dropping fees for private sector development.

Councilor Blake agrees with Johnson’s assessment of a job well done by Sloss. However, Blake notes that the Council has “on many occasions waived vacation fees when businesses were put in place that increase the number of jobs in Birmingham.”

Councilor Little tells Johnson that he should have gotten together with other councilors if he wanted the fee waived. “Just to bring it to this floor like that is just like a shotgun, and I can not approve that,” Little surmises. Johnson replies that he wasn’t aware of the request to drop the fee until right before the Council meeting. He says that the Council has “sent $10 million down to the Summit,” calling the Rust Building project “a good investment, equally along the lines of the investment we made out on the Summit.”

Councilor Loder says the proper time to request the waiver is beforehand, when putting together an economic package to attract investment. Loder, however, has a deeper gripe, questioning the waiving of fees for nonprofit organizations. “Just because an organization is nonprofit doesn’t mean it doesn’t make a profit. In today’s times, a lot of nonprofit organizations own for-profit organizations under the umbrella of nonprofit.”

Blake leaps back into the fray and urges the Council to be consistent in its application of waiving vacation fees. He finally suggests that perhaps the Council is refusing the waiver because the Rust project is in his district. The vacation is approved. The fee, however, is voted to remain in place when Loder votes with Bell’s Council majority. Blake leaves the chambers and doesn’t come back.

Bell ends the relatively short meeting on a light note, holding a pair of women’s sunglasses found in the ladies’ room at City Hall. Commenting on the expensive quality of the glasses, Bell speculates that “I might look cute in them” should they remain unclaimed. Councilors laugh, unable to hide their joy at finishing a Birmingham City Council meeting in only two hours.

City Hall

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City Hall

By Ed Reynolds

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September 14, 2000

August 29, 2000

Approving $57 million in warrants for Birmingham schools and other capital improvements is this morning’s heavyweight issue. Councilor Bill Johnson demands a status report on the hiring of a project manager to oversee new school construction. Glen Dickerson, chief financial officer for the Birmingham school system, reports to Johnson that “we’re looking at it [hiring a project manager].” Noting that the position has been in limbo since last March, Johnson wants a “timeframe” on resolving the issue, calling the financial arrangement to improve local schools a “one-shot deal.”

Johnson continues: “We’ve mortgaged the greatest asset that we have here in the city of Birmingham, our water works, to get this money to fund a building program that we’ve desperately needed here.” Johnson expresses concern over how money is being spent in the absence of proper management. “Without a project manager, we’re not going to get the most bang for our buck on this,” Johnson insists and cites waste as a frequent by-product of unmanaged funds. The councilor refuses to support the warrant issue until the project manager position is filled.

“I’d like for the scope of the project manager to be very involved and not window dressing,” adds Councilor Don MacDermott, noting that his “confidence level in [the management of] the school system is kind of low, and every day it doesn’t get any higher.” The councilor further states, “If you can’t manage day to day, I don’t see how you can manage the future.” MacDermott says that in his district there are rumors that students at Huffman High still have no textbooks after three weeks of classes. Dr. Abbe Boring, an assistant superintendent with the Birmingham Board of Education assures MacDermott that the textbooks are at the school, a problem that should have been addressed by the principal at Huffman. She promises MacDermott that she will personally look into the problem.

Councilor Jimmy Blake urges more fiscal responsibility and maintenance, suggesting that he “almost feels like there’s been a purposeful effort to let schools fall apart so we can claim that we need hundreds of millions of dollars to fix them.” Blake tells Dr. Boring that if textbooks are at the school but not distributed, the problem lies with a “lack of leadership” on the part of the school board. He says that “current maintenance” should be a priority, pointing out the “outrageous amounts of money are spent on computers, yet the teachers will tell you they don’t even know how to turn the things on!” He agrees to approve the warrants so that the Council will not appear to be holding up the issue.

Councilor Sandra Faye Little is primarily concerned with the inclusion of more local firms on the “bond team” [Little calls the warrants currently under discussion 'bonds;' Councilor Blake insists that they are 'warrants,' explaining that 'bonds' would have to be approved by the city's voters], which includes underwriters and financial advisers. Councilor Little promises to set up meetings with minority and local firms concerning upcoming bonds in January to determine the qualifications of local firms in dealing with bond issues.

Reading from notes, Councilor Pat Alexander concurs with Little. “I agree, and it spreads my concern about local corporate offices in the city of Birmingham, our own firms, about not being involved in whatever,” says Alexander, who readily admits her lack of knowledge regarding bonds. “Questions have been proposed, and I’m glad someone asked these questions, ’cause some of the questions when it comes to the bonds, I just don’t know.”

Mayor Kincaid acknowledges that he has not been briefed as previously scheduled under the Bell Plan [the warrant, or bond, plan passed by the Council almost two years ago to fund school construction]. Glen Dickerson, who is representing the school system, says he thought the reports were to be issued yearly. Blake argues, urging him to read the Bell Plan stipulations again. Dr. Boring states that bimonthly mayor-school board meetings have been taking place. To set the record straight, Kincaid reassures the Council that his staff has met regularly with the Board of Education for updates on projects, but “not in a comprehensive fashion.”

Blake then goes off on a tangent, expressing dismay to the Mayor that $5 million of the $11 million approved for other capital improvements will go to Phases II and III of The Summit [shopping mall] construction. Kincaid defends The Summit spending by reminding Blake that he [Kincaid] is fulfilling Council actions he supported when he was on the Council. The Mayor tells Blake that the $5 million in Phase I was to generate $5 million in new taxes over 72 months, or else The Summit had to pay the difference. He also reminds Blake that The Summit took only 16 months to pay back the funds. Kincaid goes further to explain that the shopping center has 48 months to repay the $5 million for Phases II and III that is promised in tax revenue. For these reasons, the Mayor says that he believes that the money going to The Summit is not “corporate welfare.”

With their brief spat over the definition of corporate welfare still unresolved, Blake agrees to support the warrants for the schools, but warns that the Birmingham Board of Education must address the project manager vacancy as well as the plethora of school repairs needed. Councilor Gunn says that when he was in school, “we got books with the pages torn out, bad words were written in ‘em, and [they were] hand-me-downs.” Gunn further notes that Kingston School [in Gunn's district] has “never seen air conditioning and doesn’t have one now!” Council President Bell has the final word, dismayed not only that the project manager has not been hired but also that construction companies on the Carver High project have been hiring out-of-state subcontractors. The warrant issue is approved 8 to 1, but Bell decides the funds will not actually be transferred until councilors’ questions about management inefficiencies and local participation in contracts are resolved.

 

City Hall — June 27, 2000

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City Hall

July 06, 2000

June 27, 2000

Councilor Don MacDermott is absent tonight, presumably awaiting election returns in his Republican runoff bid for Jefferson County Clerk . . . Mayor Bernard Kincaid is a few minutes late to tonight’s meeting. He has no formal report but does express rage over insinuations that Birmingham school officials and students resorted to cheating in order to raise SAT scores. Council President William Bell and Councilor Lee Wendell Loder both agree with Kincaid. Only Councilor Blake suggests that reported low scores in reading but high scores in math and science indicate a possible problem somewhere in the standardized testing system . . . A resolution that would allow the city of Birmingham to pledge city resources to help repair Vulcan by leasing Vulcan Park to the Vulcan Park Foundation is up for discussion.

Blake complains that several people on the board of the Vulcan Park Foundation are not Birmingham residents, though supporters of the Foundation’s board members indicate that all at least work in Birmingham. Councilor Bill Johnson and Blake continue their recent butting of heads, with Johnson angrily telling Blake that Vulcan is a symbol of the “community” and that the funds for the project will be coming from the “metro area,” not just the city. Considering how long the issue has been in the works, Johnson says he is “appalled” by the fact that Blake has not reviewed documents addressing the Foundation. Johnson reminds Blake that the statue is in Blake’s Southside district. Johnson also refuses to include an amendment to the resolution that would keep Vulcan from being moved from Red Mountain. Noting that he appreciates the Vulcan Park Foundation, Blake protests that Birmingham has put $1 million into the project over the past two years. The councilor notes that the city is also paying a monthly consultant fee in order to receive $2 million in federal money for the project. The resolution is approved, with only Blake casting a “no” vote . . . The controversial Solid Waste Disposal Authority is back on tonight’s agenda. A resolution is under consideration allowing the Council four weeks to look at alternatives to the deal between Masada Oxynol and the Waste Authority, which wants to lease the New Georgia landfill to Masada for $1 a year for 99 years. A $250 million processing and incineration plant designed to convert garbage to ethanol, a cleaner burning gasoline, would be built by Masada Oxynol.
The corporation would be paid by the city to pick up Birmingham garbage. Councilor Blake continues to take issue with what he believes is a prearranged plan between Masada Oxynol and the Solid Waste Authority. Defenders of the Masada Oxynol relationship with the Solid Waste Disposal Authority tout the benefits of recycling, thereby saving what they believe is rapidly disappearing landfill space. Blake has a few questions for Councilor Johnson, who has upset some on the Council by siding with the usual Council majority that has sought to strip Kincaid of a variety of mayoral powers. Blake asks if the Mayor’s office or the Streets and Sanitation Department had any input in changes to the solid waste plan. Johnson says he doesn’t know of any of their input, but notes that it’s his understanding that the Solid Waste Authority instigated the changes in tonight’s resolution.
Explaining that he believes the Solid Waste Authority was “put in place specifically for the benefit of Masada,” Blake questions the motivation behind proposals to alter Birmingham’s methods of handling city garbage. Answering his own query, Blake reacts with anger, explaining that the need was for “Darryl Harmes and Masada to gain a monopoly on the disposal of waste in the city of Birmingham!” He accuses Johnson of helping to orchestrate the deal, asking Johnson if he’s on the payroll of Masada or acting as a consultant for any of the corporation’s engineering, accounting, or law firms. Johnson angrily tells Blake he’s not at all affiliated with Masada, and is only interested because he is very impressed with Masada Oxynol’s technology. Blake and other critics of the Masada proposal are irate that no cost studies have been examined. “We are turning over all authority of the Council of the city of Birmingham to an unelected group of officials who can contract with anybody at any price to take care of our solid waste. I just don’t believe that is in the best interest of the city.” Blake wants to know how a pipeline will be installed to take the millions of gallons of water that are necessary for the garbage conversion process from the Cahaba River to the New Georgia landfill. No one is able to answer the councilor. Addressing a portion of the resolution that covers the toll taken on landfill space when population increases, Blake points out that Birmingham’s population has declined from 340,00 in 1960 to 265,000 at present. A representative from the Streets and Sanitation Department confirms that Birmingham has had an “exponential decrease in landfill waste.” Blake also warns that Birmingham could be the processing and receiving site for garbage from around the state. The councilor condemns the 30-day period for alternative proposals as a “scam.” Resounding applause from the audience fills the school auditorium. Councilor Loder voices his opinion on the waste plan, citing studies by California that have determined costs to convert waste to ethanol as being exceptionally high. Loder notes that the uncertainties of such new technology makes high investment an irresponsible action.
Calling the Masada technology the future of garbage disposal, Councilor Johnson jumps back into the fray, defending the technology but concedes that a review period is needed to determine the present status of the area’s landfills. In sarcastic reference to Councilor Johnson’s recent acknowledgement that his degree in chemistry was a primary reason for his [Johnson's] support of the Masada plan, Blake says that he was also impressed by the technology even though “I don’t have a chemistry degree,” noting that he came close [Blake is a practicing physician]. Blake again condemns what he sees as an attempt by Masada to monopolize control of city waste as well as city land. Mayor Kincaid notes that he is perplexed by the rapid speed with which the Masada plan is moving, calling on the Streets and Sanitation Department to issue a report on the status of solid waste collection and disposal in Birmingham. Kincaid calls the 30-day study period “a charade.”
He says the time period is “absurd” and gives the “favorite [Masada] a year’s leg up,” alluding to the year of preparation Masada has had to work out a plan with the Solid Waste Disposal Authority. “I don’t have a degree in chemistry either, but I do know you don’t need a degree in chemistry for this, you need a degree in alchemy. This is changing trash into dollars, and not for us [Birmingham].