City Hall — Camp Challenge

CITY HALL

By Ed Reynolds

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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 — October 12, 2000 & September 26, 2000

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City Hall

By Ed Reynolds

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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

By Ed Reynolds

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September 28, 2000

City Hall September 19, 2000

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City Hall

September 19, 2000

By Ed Reynolds

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September 28, 2000

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

By Ed Reynolds

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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].