Tag Archives: Birmingham Alabama

City Hall — The New Moses

City Hall

The New MosesAs political rallies go, William Bell’s May 29 gathering in Linn Park to announce his candidacy for mayor of Birmingham was almost as surreal as the night that 1982 gubernatorial candidate George Wallace was wheeled across a red carpet while a barefoot Tammy Wynette sang “Stand by Your Man.” As strains of “The Twilight Zone” theme segued into the theme from Star Wars Bell was loudly introduced by a local preacher: “Ladies and gentleman, I introduce . . . the new Moses, whom God has summoned to come back again, and to lead Birmingham back to victory . . . Dr. William Bell!” The former council president and interim mayor, who departed city headquarters three years ago after losing his council seat to Elias Hendricks, circulated through the crowd and shook hands with supporters to initiate what he hopes will be a triumphant return to City Hall.

Taking his cue from the reverend, Bell did his own impersonation of a Baptist minister. Grinning as though he were preparing to part the Red Sea, he pointed toward City Hall and shouted, “Each day I get calls from people out of that building over there. I get calls from people who are working with the community for the city of Birmingham who say, ‘William, we need you to come back and straighten things out!’” Supporters cheered as Bell proclaimed, “This city has a great future ahead of itself. Birmingham has a future that will rival any city in this country! All we have to do is believe that God has anointed this city to be that shining city on the hill!”

The 20-year council veteran reached for his props, which included a black cap with “MAYOR” emblazoned on the front—the same style often worn by Mayor Bernard Kincaid outside of City Hall. Kincaid defeated Bell in 1999 in a monumental upset, even though Bell, as interim mayor following Richard Arrington’s early departure, ostensibly enjoyed an incumbent’s advantage. Referring to the cap, Bell intoned, “This is a symbol of city government . . . but this is not a crown to be worn. This is a badge of servitude . . . It’s not something to put on your head and parade around. You don’t see the governor walking around with a cap on saying ‘GOVERNOR.’ You don’t see a senator walking around with a cap saying ‘SENATOR’!” Bell then grabbed a white cap imprinted with the word “LEADER.” Cheers rose again while Bell shouted, “This city’s going to take off like a rocket!”

After his campaign speech, Bell addressed reasons for the $16 million budget deficit. “Too much revenue was projected. That’s primarily because you’ve got an inexperienced person who is director of finance.” Bell added that others at City Hall were not experienced enough to know the “real questions to ask.” When asked how he would heal the rift that unexpectedly developed between several councilors and the mayor’s office, Bell said, “Just by sitting down with the council, whether it’s a public meeting or whether it’s a one-on-one meeting. I get the impression from some council members that they don’t have the opportunity, really, to sit down with [the Mayor] to get a sense of direction or guidance, or have input. And that’s what’s really causing that division there. As mayor, I plan to reach out to them, and really be a servant to the council.” Bell said that he would approach this campaign differently. “The last time around, I was traveling with a lot of baggage. I was the interim mayor for about three months. And during that time I took on a lot of baggage . . . but that’s gone. I don’t have that baggage. I’m running free and loose. I’m not attached to anybody, except the people of Birmingham.”

—Ed Reynolds

No More Mr. Nice Guy

No More Mr. Nice Guy

By Ed Reynolds

After scolding the Birmingham City Council for breaking with tradition, Council President Lee Loder promised that he, too, would ignore future committee recommendations and follow his conscience. Irate that his Administration Committee’s nomination of Emory Anthony to the Birmingham Water Works Board was ignored by the rest of the council, Loder cried foul. On February 4, a council majority instead approved the appointment of former city councilor David Herring to replace member Miles Creel. Loder cited the council move as “unprecedented,” and vowed to show similar consideration for other nominees to committees. He openly reflected on what a good sport he had been in the past. “To my knowledge, I have not opposed any recommendation from any other committee,” said Loder, acknowledging his past record of “courtesy and respect,” despite his past convictions that other candidates would have made better choices for appointment to a particular board.

Councilors Loder, Joel Montgomery, and Bert Miller, the trio that makes up the Administration Committee, supported former mayoral candidate Emory Anthony, a local attorney who had been hired by Mayor Kincaid to retain control of Water Works assets. Loder objected that the committee was rushed into choosing a candidate for the Water Works Board, noting that vacancies on other boards had existed for up to a year. “This Council has decided that whenever five folks have made up their mind about something, that we have no regard for the other four, [and] that rings so familiar in my mind as something I experienced for two-and-a-half years on the previous council.”

Councilor Valerie Abbott argued that the appointment did indeed go through the proper channels, but the Administration Committee took too long. “It went through committee, and the committee could not make a decision.” Lauding Herring, whom she nominated, Abbott noted, “David Herring gave 20 years of his time and life to service of this city. He has a strong financial background, which is deeply needed on the Water Works Board. He has time to develop policy, which it doesn’t seem we’ve had a lot of policy development recently at the Water Works Board. And he has a character beyond reproach.” Councilor Joel Montgomery joined Loder in voicing displeasure over the perceived political coup. “I don’t know where this nomination came from, other than from five people deciding to circumvent the Administration Committee.” Montgomery complained that the council did not go through “proper procedures,” warning that “chaos ensues when you don’t have rules, order, procedures, and guidelines that everybody agreed to. Folks, we even took your money down to Prattville-I didn’t go-on a retreat, so that we could all learn to get along . . . well, I don’t hear anybody singing ‘Kumbaya’ on this one.”

Loder has been praised as a “nice guy” by even his most determined antagonists. According to at least one council assistant whose boss has regularly supported Loder, this is his vulnerable spot. Loder’s cordial manner with disruptive councilors-who wink as they ignore his authority-has done little to quell Loder’s critics. Four years ago, he entered Birmingham politics as a fresh political face openly rebelling against Richard Arrington’s Citizens Coalition, to whom he had once pledged allegiance. Regarded with respectful tones around City Hall as a viable candidate for mayor, Loder has lost a step as his understated but confident stroll has turned to tip-toeing around others so as not to create too much of a commotion. His mayoral support has reportedly withered with his crumbling spine. Declaring himself a “big boy” who could accept a slap in the face from his older but more inexperienced colleagues regarding the Water Works Board appointment, all Loder could do was whine.

Council Reaches for Piece of Lodging Tax

Council Reaches for Piece of Lodging Tax

Is the Birmingham City Council gearing up for another showdown with Mayor Bernard Kincaid? The mayor has voiced support for appropriating the entire three percent of a council-endorsed hotel lodging tax toward expansion of the Birmingham-Jefferson Convention Complex (BJCC). Councilors, however, wanted to earmark a third of lodging tax revenues for the Greater Birmingham Convention and Visitors Bureau for marketing purposes.

At the suggestion of Council President Pro Tem Carole Smitherman, the council is now considering a third option: a three-way split that would direct $1 million of the expected $3 million lodging tax windfall to the council for city projects. The council could later redirect its one-third portion back to BJCC expansion once funding is fully secured.

Councilor Joel Montgomery remains the lone council member adamantly opposed to using tax dollars to expand the BJCC to a multi-purpose facility. Montgomery prefers that the city focus its spending on cleaning up the city, which he believes will attract business and boost the city’s population. “It’s where you want to put your priorities,” said the councilor at the July 30 council meeting. “Why can’t we do the same thing to clean up our neighborhoods and improve schools?” Montgomery asked. “It’s not rocket science.” Montgomery said that he had recently immersed himself in domed stadium feasibility studies, including a report from Harvard University, and had found no justification for any such construction. Montgomery says that he can’t believe that a Harvard professor would agree with “somebody as dumb as me.” He added that there are not enough conventions to go around to justify the $440 million expansion plan.

Insisting that the lodging tax will “rev up our economy,” Councilor Smitherman calls expansion of the BJCC “a revenue-raising venture which helps us fund education.” Smitherman said that the city’s location in a valley limits the type of business the city can bring in due to ozone problems. “The lodging tax gives us a new Birmingham,” she said. “So be it if the city of Birmingham is the entertainment district for the region. So be it if we are the banking facility for the state of Alabama and the Southwest [sic]. The more we promote where we live to other places, [the more] people want to come to our valley to see what we’re doing and how we live. We have a special place here and it’s up to us to promote it.” Smitherman added that a million dollars is not much to spend on promotion.

“We have to spend money to make money,” said Councilor Bert Miller “Sometimes we outsmart ourselves. Let’s start using common sense. It’s so simple for our city. Birmingham is just a great big city waiting to explode around the nation. Once we build this thing people are gonna come from everywhere.” Miller urged “city-bashers” to move elsewhere and even offered to pay for a “Ryder truck” to help local malcontents relocate. For the record, approximately 20,000 residents have left Birmingham since 1990. &

City Hall — A Political Education

A Political Education

At the June 11 council meeting, as Mayor Kincaid ignored her and studied the material before him, Councilor Carol Reynolds offered apologies to District Two constituents and fellow councilors for the controversy surrounding her attempt to cut a deal with the Mayor. Weeks earlier, Reynolds had offered to swap her vote in exchange for an appointment to the Birmingham Airport Authority Board. The vote would have been to approve an ordinance that would raise the amount the Mayor could spend without approval from the Council to $50,000. At the June 4 council meeting, Reynolds made a motion to delay the ordinance because the council had not yet finalized the Fiscal Year 2002-2003 budget. After that meeting, Kincaid played a voice-mail recording that Reynolds had left for him weeks earlier in which she offered the trade. The rift made headlines the following day.

At the June 11 meeting, Reynolds expressed regret that the issue had become public and worried about the public misreading her “lobbying” efforts. “Lobby [sic] has been acceptable procedure. . . . I just failed the course, I guess,” said Reynolds. The councilor said that the representative of the council’s Transportation and Communication Committee has traditionally served on the board. She added that it is a nonpaying position for which she is qualified, due to her work to save homes in East Lake Park from airport expansion plans. Asking forgiveness from fellow councilors, Reynolds pledged, “I will serve this city. I will serve this mayor or any other mayor while I’m here.” Reynolds concluded, “I’m a rookie, I’m not a politician. I don’t understand that you don’t have friends anymore when you do this. And I don’t want to come out cynical at the end of my next three and a half years, and I’m going to work really hard not to become a cynical person. I love you Birmingham.”

Expressing surprise at the fall-out from the controversy, Councilor Roderick Royal said he voted for the delay because the proposed ordinance increased the Mayor’s spending limit from $10,000 to $50,000 without a cap (an unlimited number of contracts, in other words). Royal emphasized that he was not using Reynolds’ rationale for delaying the measure. “I make my own decisions,” said Royal. “Let’s move this city forward and drop the petty politics, no matter what.” The councilor added, “I’m sorry that Ms. Reynolds’ feels that her trust, somehow or another, was violated. . . . I think I would have felt the same way. But unlike Ms. Reynolds, I certainly would have dealt with it.”

Disturbed that decisions are being made at City Hall that are not beneficial to communities, Councilor Gwen Sykes balked at excusing controversial civic involvement as simply political. “It’s just not politics. We have a responsibility to treat one another right. And we can name it anything that we want to name it.” As usual, her line of reasoning is difficult to follow. Criticizing those who behave as if they have no life outside the political ring, Sykes said, “We act like we don’t have nothing else or nowhere to go once this life is over with. And doing the work and the business of this city should not be worth losing our lives!” She then profusely thanked the Birmingham Airport Authority for hosting valedictorians and salutatorians at a recent luncheon. In her next breath, though, she condemned the blight and devastation that has resulted from airport expansion. Sykes urged the airport to be more sensitive to the needs of its surrounding neighborhoods.

Councilor Elias Hendricks thanked Sykes for addressing the necessity for cooperation with the airport and offered Reynolds his support. “It would be a heck of a lot easier if we had a sitting council member on the board. It would really facilitate our work getting done, and we have a lot of work to do out there.” Hendrick’s wife presently serves on the Airport Authority Board.

After the July 11 council meeting, Mayor Kincaid at first refused comment on the matter, but did offer a final word: “The Council was led to believe that there were genuine concerns for the budgeting process as to why a request to put this off for six weeks was requested and passed. My intent solely was to show that there were ulterior motives to that, not the sanguine motives of checking with the budget.” Kincaid added that the council “backhandedly admitted that they had been misled as to the reasons for [the delay].”

As for Reynolds’ response to Kincaid’s assessment that councilors were misled, her reply was direct. “He can’t speak for the whole council,” said Reynolds, adding that Kincaid had been discussing the Airport Authority Board appointment with her since she took office in November 2001. &

City Hall — Bills Due

Bills Due

It was bound to happen. Council President Lee Loder, whose patience with his Council colleagues has been tested in recent months, blew his top at Mayor Bernard Kincaid during the May 14 City Council meeting. At issue was the city’s failure to pay a $7,100 bill for the Council’s inauguration reception held at the Harbert Center in November 2001. The unpaid expense has accumulated late fees and includes a $672 charge for wine, which Loder and his fellow councilors claim to know nothing about. Loder angrily lashed out at Kincaid for keeping the Council in the dark regarding reasons for nonpayment. The Mayor snarled right back. And before everyone was through arguing about the correct procedure to finance parties, Operation New Birmingham (ONB) was characterized as a “money-laundering” system.

Kincaid said the city didn’t receive the bill until February, and has no idea when it initially appeared in the Finance Department. According to the Mayor-Council Act, the Finance Department must certify that the money is available to cover the expense. Authorization for the Harbert reception was made by recently departed Council Administrator Jarvis Patton when the former Council was in office. Ironically, only one of the incumbents was re-elected. [The reception was originally scheduled as a private event, but the newly elected Council made it a public affair after public outcry.] Patton was told a purchase order was needed, said Kincaid, but the Council administrator ignored correct procedure. Denying that his office had been sitting on the bill to avoid paying for the event, Kincaid angrily denounced the insinuation that the Mayor’s office was “derelict” in duty.Food cannot be paid for with city funds unless the function is deemed to be for a public purpose. The inauguration reception did not meet that criteria, according to the city’s Law Department. “Liquor cannot be paid for under any circumstance,” added Kincaid. “The liquor was problematic.”

Loder argued that the event was a public function and therefore eligible for city funds. “I don’t know what the problem is,” said Loder. “I haven’t received a response — a formal response — at all over the last three months as to what the problem is with this event. And that’s a problem.” When asked by Loder when he expected to inform the Council that the bill was not payable by the city, Kincaid said his office has been trying for the past four months to find a way to cover the outstanding debt. The Mayor said that the corporate community could cover the expense.

Addressing the issue, Council Attorney J. Richmond Pearson said, “It is the most foolish thing in the world for you to take money from a private company, or a public utility, that comes before you for decisions,” warned Pearson. “That’s just plain common sense. You don’t even have to have lunch at law school to know that.” Using an example, Pearson pointed out that Alabama Power Company is on the council agenda seeking an easement on city land, though it was not stated that Alabama Power would be one of the corporations asked to pay off the reception expense.

“Investitures and inaugural festivals that include citizens, as well as public officials, is [sic] an extension of public business,” Pearson said, adding that, however remote, those benefiting from city decisions are in potential conflict if they contribute money, which should be avoided lest any “appearance of evil” be construed. City funds should cover inaugural events, with direct payment to “those vendors who rendered service, and not through any conduit,” continued Pearson. “And I mean by that, don’t send it through Operation New Birmingham, send it directly where it is intended to go.” “That’s what some of your legislators have done,” said Pearson. “There’s always the avenue of campaign funds being utilized to pay expenses of the nature referred to here. . . . All this other esoteric nonsense I’ve heard doesn’t make sense.”

Councilor Joel Montgomery noted that the Council had previously followed the advice of Patton regarding the reception. Montgomery suggested that perhaps Patton, who was Council administrator for over 20 years — and signed the original contract for the event — should foot the party bill. Montgomery added that he has refused many times to approve payment through the city custodial fund at ONB. He agreed with Pearson that the city is using ONB as a conduit to pay for food and other activities.

“You’re taking your citizens as fools, the same thing racketeers do,” said Pearson, unafraid to speak his mind. “You’re laundering money. It’s tainted all the way! If you owe somebody, pay ‘em direct. Don’t send it through the Devil!”

Commending the Commenders

 

Never one to miss an opportunity to laud the city for anything, the Birmingham City Council saluted the Vonetta Flowers Planning Day Committee. That’s right, the Council passed a resolution at the May 7 council meeting recognizing those who organized the city’s salute to Flowers in honor of her Olympic Gold Medal as a member of the two-women bobsled team. Each member of the group received a certificate and told the Council how moved they were to be able to honor the Olympian. Council President Loder calls the group a “dream volunteer team.” As the resolution’s sponsor, Councilor Bert Miller posed for photographs with the Planning Committee members and led a round of applause for Flowers because she was named “one of the most fiftiest most beautiful people in the world [sic]” by People magazine.
Auto Auction Prompts Questions

“Remember the day, folks . . . because it’s all going to come out in the wash,” Councilor Montgomery warned. The “day” in reference is the City Council’s approval of a redevelopment agreement with Serra Automotive. Birmingham will spend nearly $3 million to purchase land and make infrastructure improvements that will keep all Serra dealerships in the city for the next decade. The city expects to reap $8 million in tax revenues.Montgomery voted with other councilors several weeks earlier to endorse the plan, but when the May 28 vote to finalize the deal came up, the councilor protested vehemently. Montgomery’s change of heart was prompted by radio ads announcing that Serra Toyota was holding a used vehicle auction in Trussville. “Why would you be selling those automobiles there the weekend before you were fixing to enter into an agreement with the city of Birmingham to do business exclusively in the city of Birmingham?” Montgomery said after the meeting. “That raises the question in my mind as to where they think the true market is for their being able to sell the vehicles.”

Serra attorney Tom Baddley told the Council that the automobile dealer was holding auctions outside Birmingham because there was no available space near the dealership. Serra needs an area large enough to park 150 to 200 vehicles, according to Baddley, who said that auctions were also conducted in Irondale. Sales tax revenue goes to the municipality where the vehicle is delivered, according to city officials.

“If you want to do business in the city of Birmingham, we’ve got lots of parking lots,” Montgomery said to the Serra attorney. “What good is that [$8 million in projected revenues] gonna do us five years from now if they’re gone and we’ve got blank land sitting out there? We need to start trying to have businesses come to the city of Birmingham because they wanna be in the city of Birmingham . . . not because we’re having to pay them to stay here.”

Councilor Roderick Royal shared Montgomery’s concerns. “We want 100 percent of the revenues generated,” said Royal, who would like to see Serra hold auctions at the Wal-Mart parking lot in Huffman after it closes [a new Wal-Mart SuperCenter is currently scheduled for East Lake]. Serra attorney Baddley said that it was his understanding that an effort was being made to develop potential auction space in eastern Birmingham. “If [available area] is there and closer, Toyota would love to have their auctions in the city of Birmingham,” said Baddley, who added that automobile manufacturers approve auction sites. The attorney noted that the annexation agreement had not been signed, and that Serra was not yet in the city.

Should Serra violate the contract in an attempt to relocate, the city would be forced to go to court to recoup the $2.5 million it is paying the auto dealer. City attorneys said that the dealer’s right to conduct auctions outside the city could depend on how often they took place. &


City Hall — Public access

City Hall

Public access

Council committee-of-the-whole meetings are informal gatherings designed for councilors to hash out problems around the intimacy of a conference table. Though open to the public, they are held in a conference room where space is often limited, prompting occasional gripes from residents who can’t squeeze in. Occasionally, there are demands to move hot-button issues to the council chambers. At a recent Council meeting, Councilor Joel Montgomery mentioned that some of his constituents have recently complained about discussion concerning the Water Works assets battle being held at committee-of-the-whole meetings. Montgomery noted that Tuesday council meetings frequently include only a brief synopsis of what happened in committee-of-the-whole meetings. “I think the public deserves to see what goes on as far as the discussions in the committee-of-the-whole,” observed Montgomery. At that same Council meeting, Councilor Gwen Sykes suggested that committee-of-the-whole meetings be televised when addressing an issue with the magnitude of the Water Works debate. Council President Lee Loder explained that any item can be put on the council agenda if it is added by the Wednesday prior to the Tuesday council meeting. Defending the council’s open operating procedure, Loder said “I think this is one of the most open City Councils in the history of this city. We make every effort to do press releases and notify the public on everything.” Stressing that “‘convenience’ and ‘open’ are two entirely different things,” Loder added, “it probably costs more to be in here [council chambers] and have all the lights on. There are a lot of practical concerns why you wouldn’t want to use a big facility just because we have it.” Councilor Roderick Royal agreed that the “public should be completely aware of how the Council is deliberating.” Though noting that media are sometimes “slanted” because they “report whatever they like,” Royal said that at least three media representatives have been present at each committee-of-the-whole meeting he has attended. But he supports bringing such meetings into the council chamber should consensus dictate. “I’ll sit right here and say what I would have said [in conference rooms]!” Councilor Carole Smitherman echoed Loder’s comments that anything can be brought up on the council dais if it’s submitted in time. “I don’t meet in no smokey back rooms,” laughed Smitherman. “I don’t think it’s fair to say that we’re doing something in the back.”

Citizens Advisory Board supports night council meetings

At its February 18 meeting, the Citizens Advisory Board approved a resolution urging the City Council to conduct at least two meetings per month at night. Councilor Gwen Sykes first proposed evening meetings immediately after her election in November 2001, explaining that night gatherings would be “more representative of our community.” Council President Loder acknowledged that several councilors had expressed interest in holding a series of evening meetings as the previous council had done, which included one per month until each district had played host. Several surrounding municipalities, including Mt. Brook, Hoover, and Vestavia, meet at night.

Council reverses decision

At the February 26 City Council meeting, a trucking and excavating company located near the airport sought rezoning from “residential” to “light industrial.” There are only three homes in the neighborhood (“The trucks look better than most of the houses there,” bragged the trucking company boss.) Such rezoning would be an example of “spot zoning,” considered by many to be a political liability and a threat to residential stability. Councilor Carol Reynolds said the homes around the airport should be purchased due to airport expansion, and supports rezoning the area to commercial in this case. Sykes agreed with Reynolds that the airport neighborhood is different because it will always be threatened by blight due to airport expansion. Admitting that spot zoning is not encouraged, Councilor Carole Smitherman said that business is encouraged. Smitherman voted in support of the rezoning along with Councilors Reynolds, Miller, and Hendricks. Oddly, Sykes abstained. Councilor Montgomery refused to approve spot zoning in the airport neighborhood, fearing it would set a precedent allowing spot zoning in other neighborhoods.

During the following week, Council President Loder met with the city attorney, city clerk, and council administrator after investigating the accuracy of his previous decision, which stated that the four votes approving the rezoning did not constitute a majority of the nine voting members present [Three councilors voted "no" and two abstained]. Citing Roberts Rules of Order, the parliamentary guide for council conduct, Loder corrected his earlier stance that “abstention” votes are included in a total when seeking a majority. The denial of rezoning will be changed to approval of rezoning at the next council meeting after a vote to finalize the switch.

Loder elaborated that Council Administrator Jarvis Patton stated that there may be an “unwritten rule, at least by past practice, that the [previous] council has counted abstentions as actual votes,” said Loder. However, Loder said he would follow Roberts Rules of Order. Councilor Sykes asks the million dollar question: Could the previous council procedures regarding voting supersede present council procedure in a legal challenge?

Loder insisted he will follow Roberts Rules of Order unless he is shown otherwise. “Education is a wonderful thing,” said Councilor Smitherman. Lavishing praise on Loder for researching and correcting the procedural mistake, Smitherman asked everyone to give the Council President a round of applause. All complied with Smitherman’s request.

Police cars to be monitored

Computers similar to the “black boxes” used on aircraft will be placed in police patrol cars at a total cost of $199,000. According to Police Chief Mike Coppage, the boxes “chart the driving habits of the individual officer so that the supervisor can sit down with that officer and explain to him his good points and his bad points.” Over-revving, over-braking, speeding, and operation of sirens and blue lights will be monitored. Funding comes from a federal technology grant, according to Coppage.

Twenty patrol vehicles have recently been tested in the west precinct. The police chief noted that none of them were wrecked in the five months each carried the computer, a driving record that he called “absolutely fantastic.” Also onboard is an automatic vehicle-locator, capable of printing out a map of where the patrol car has been. “It’s also a management tool,” smiled Coppage. “If we happen to pull up that same map and find that we’ve got six police cars parked down at Krispy Kreme, then we want to know about that, too.” Public Safety Committee chairman Joel Montgomery marveled at the driving record that resulted from the computer enhanced patrol cars, asking, “Could I get one in my wife’s vehicle?” &

City Hall — Hendricks says no more bullies

By Ed Reynolds

Hendricks says no more bullies

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

Chinese noise torture

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

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

January 8, 2002

Concrete and steel

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

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

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

Councilors say “yikes” to Sykes

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

Miller says it’s time to go to work

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

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

Abbott promises fun on neighborhood joy ride

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

City Hall — Demon rum treads an inconsistent path

City Hall

December 4, 2001Demon rum treads an inconsistent path

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

Montgomery frowns on neighborhood and city vehicles

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

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

 

December 11, 2001

Teen parties create mayhem

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

Train crossings

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

Abbott forges lone path of dissent

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

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

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

 




Sky Boxes, Chitlins, and Committee Appointments

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

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

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

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

 

City Hall — Live at the Apollo

City Hall

 

November 6, 2001 

Live at the Apollo 

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

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

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

Council passes the buck on Serra Chevrolet proposal

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

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

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

 

November 13, 2001Worm in the apple Blake

 

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

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

City Hall — Blake huffs and puffs over smoke detectors

City Hall

October 9, 2001Blake huffs and puffs over smoke detectors

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

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

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

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

 

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

Deplorable roadways paved with years of neglect

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

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

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