City Hall

By Ed Reynolds

January 15, 2002

Residents from Birmingham public housing are present today to challenge Mayor Kincaid’s recent appointments to the Birmingham Housing Authority. [The Mayor has appointed three new members to the five-person board in recent weeks, one of which must come from the public housing community. The appointments have been met with some controversy.] Demanding the reappointment of Thelma Patterson, a public housing resident whose two terms have expired, the group asks Kincaid to elaborate on why the majority of appointments on the Housing Authority Board must come from him. “New blood and new invigoration are vital,” responds Kincaid, noting that he was elected to represent all of the residents “and not just one particular segment.” He adds that residents have a newfound belief that housing is a right. “We lost 7.6 percent of our residents, and a lot of them left because we didn’t have adequate housing policies,” explains the Mayor. He asks that his appointments be given a chance.

Last call for alcohol amid Public Safety confusion

An off-premise [carry-out] beer and wine license for Food Fair Market returns to the agenda, along with a petition bearing 250 signatures supporting the license. Attorney Ferris Ritchey notes that three other stores in the area sell alcohol, and therefore enjoy a competitive edge over his client. Councilor Elias Hendricks points out that one of the supporters recently had a run-in with the law. Hesitant to reveal what the incident was about, Ritchey says the man “took things that didn’t belong to him,” acknowledging that the man was not a community resident but an employee of the store. The Public Safety Committee has no recommendation, but Councilor Gwen Sykes promises that the committee will be meeting that afternoon to render an opinion. Doris Powell of Fountain Heights is upset that the council will not act on the license this morning, especially since police had to respond three times in one week to incidents at the store: twice for burglaries and once to calm an altercation stemming from accusations about who the thief was. Sykes again promises a verdict from the Public Safety Committee at next Tuesday’s meeting, but livid residents refuse to back down, prompting Council President Lee Loder to explain that confusion has slowed some committee activity. [Sykes put up a fight to head the Education Committee, which put her appointment to Public Safety in question.] Loder recommends that there be no wait for committee opinion, and the council votes against the alcohol license.

The request by Tiki Bob’s Cantina [in the former Magic City Brewery location] for an alcohol license causes more Public Safety Committee confusion. Councilor Carole Smitherman is surprised that the committee has recommended approval of the license when it has yet to meet. “Well, you’re absolutely right,” admits Sykes, adding that she met with Birmingham police representatives about the lounge and felt comfortable with approving the license personally. Smitherman tells Sykes that the recommendation should come from the committee, not the chairperson. Loder says Smitherman is correct about procedure. A police representative says that the Five Points South Neighborhood Association had written a letter supporting the Tiki Bob’s license. Councilor Hendricks urges the council to act on the license, as the club has met all requirements. Councilor Roderick Royal, a member of the Public Safety Committee, also urges approval, as does the remainder of the council.

January 22, 2002

Environmental court

Mayor Kincaid announces the beginning of the long-awaited Environmental Court program, warning the council to get ready for a barrage of complaints. “We are not trying to be punitive. Our Environmental Court is more about information, education, and cooperation. We think that if people know better, they will do better,” says Kincaid. He explains that older neighborhood blight cases will be addressed first on the court docket, with some unresolved complaints dating back to 1981. The Mayor says court decisions will be “race-neutral,” and that businesses will be prosecuted just as residences are.

Neighborhood fumes over truckers and prostitutes

Watkins Trucking Company seeks re-zoning to “light industrial” so that it can park some of its 65-unit fleet on land that is zoned residential. Woodlawn residents are present to voice disapproval of truck fumes, noise, and prostitutes. Office and business use by Watkins is allowed, but it took a 1992 court order to grant limited parking as long as restrictions such as proper landscaping and limited hours of operation were met. The trucking firm is presently parking trucks illegally on land that was purchased after the court ruling.

Councilor Sykes is concerned about reports of truckers soliciting prostitution on the Watkins property. Trucking company representatives vehemently deny any such activity, explaining that there is a guard on duty after hours to prevent illegal shenanigans. Neighborhood residents object, accusing the night-watchman of involvement with the prostitutes. Police reports show no arrests for prostitution at the property.

Residents also gripe about the odor. “It stinks!” says a woman. “Smells like somebody been to the bathroom!” She also complains about the noise, asking councilors, “How would you like a hundred trucks by your house coming in and out at all hours of the night?”

Wayne Watkins, president and third generation owner of the company which has been in business since 1944, says the trucking firm is family-oriented, and needs the extra parking so drivers can go home to families at day’s end. Councilor Joel Montgomery recuses himself from voting on the re-zoning because Watkins’ wife is his Sunday School teacher. The council rejects the re-zoning.

Reynolds commended for flirting with “political suicide”

Councilor Royal offers a resolution asking the Mayor to find interim funding sources for city schools so that education money flow remains uninterrupted until litigation over Birmingham Water Works assets [which includes education funding] is resolved. Kincaid says that it is not feasible to guarantee a continuous flow, and requests that the sentence be stricken from the resolution. Suddenly Councilor Carol Reynolds drops a bombshell when she suggests raising property taxes for schools, prompting Kincaid to duck behind his desk. “Get up, Mayor,” Reynolds tells him. “When I looked at my property taxes when they came in last fall, I was really amazed how low they were,” explains the councilor. Councilor Royal says Reynolds’ suggestion follows the council recommendation to seek alternatives, but also urges Kincaid to include schools in his bond referendum, which the Mayor has not done. Councilor Hendricks commends Reynolds for “bravery and fiscal responsibility” to urge what’s “not necessarily politically expedient.” Councilor Montgomery notes that operating budgets of Homewood, Vestavia, and Trussville are smaller than Birmingham, but are not deterred from funding schools properly. Montgomery disagrees with raising property taxes. “I would hope that my other council members would join with me and look for other ways to reappropriate money that is currently being spent in the budget before we ever mention raising taxes on the people of Birmingham,” he says angrily.

Royal refuses to remove “uninterrupted funding” from his resolution. “I think it’s irresponsible for the city not to continue with the program despite where we find ourselves in litigation,” Royal tells the Mayor. Councilor Valerie Abbott says the city has a lot of money and suggests re-allocation of city money to get priorities in order. Councilor Sykes commends Reynolds for “making that bold stand because some people would call that political suicide when you start talking about taxes.” Reynolds responds: “I’m asking you to step up to the plate. You can call this political suicide. Well, ladies and gentlemen, I am not a politician. You either step up or shut up!” Reynolds also scolds Birmingham residents for going to other cities to shop. “When you go to those cities to shop, you’re taking money out of our pockets that we could possibly be re-allocating.” &

Reynolds Favors Tax Increase For Schools

In a move that some labeled “political suicide,” Birmingham City Councilor Carol Reynolds raised eyebrows at City Hall on January 22 when she suggested raising property taxes to support Birmingham schools. A $261 million commitment to fund the school system’s capital improvement program, begun in 1998 when the city had control of the Water Works assets, is currently unavailable, primarily due to litigation over asset ownership.

A referendum allowing residents to vote property taxes up or down would have to be approved by the State Legislature and City Council, which Reynolds acknowledges would probably not happen until after next fall’s statewide elections. Removing the sales tax on food is also part of the councilor’s overhaul vision. “If we increase property taxes and can get equitable funding and some things worked out, that would be the give and take to me,” she explains.

“It [the property tax rate] truly is ridiculous. We are taxed unfairly on the city level as far as food and everything, but it’s because our legislature failed to step up to the plate and do what they should do about property taxes,” complains Reynolds. “ALFA, USX. They pay pennies on the dollar for what their properties are worth, statewide. It would mean much more equitable funding throughout the state for education if we could get them to do their fair share.”

Reynolds has been a state constitutional reform advocate for years. “The Constitution was set up to benefit a certain percentile of population of the state to create a class system,” she continues. “Until we change it, we’re not going to have ‘home rule,’ and we’re not going to be able to do the things we need to do to be aggressive. And I think that’s one of the things holding Alabama back.”

The councilor prefers that a property tax increase go for operational rather than capital spending. “There is no way I would be for property taxes going to ‘brick and mortar,’ for capital. Strictly operational,” she says. “We need language labs, computer labs, more money for science, math, and the arts.”

School maintenance is also an issue. “If they build the schools and don’t maintain them, they’ll be in the same shape the old schools are in. I don’t believe in throwing good money after bad,” she says. “We have to try something, we have to take a daring approach. I was elected to get a job done, to come up with solutions to problems that are workable,” says Reynolds. “And I firmly believe that one person can make a difference.” The councilor says it was a quote by former Supreme Court Justice Oliver Wendell Holmes that put property taxes on her mind: “Taxes build civilizations.”