Tag Archives: Birmingham

City Hall — The council shall determine its own rules

2004-12-30 City Hall

By Ed Reynolds

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December 30, 2004

“The council shall determine its own rules,” read Mayor Bernard Kincaid from the Mayor-Council Act , which sets the rules of governing for the city of Birmingham. At issue was whether or not Councilor Gwen Sykes could ask for reconsideration of a vote that failed earlier that day. That vote would have secured the remaining $22 million Kincaid had requested from the council for end-of-year budget requests, which total $31 million. The council approved $9 million of the request on November 23.

Sykes abstained on the first vote at the December 7 meeting, causing the budget request to fail in a four-to-four deadlock. The only way a vote can be recalled is by request from the prevailing side, a councilor who had voted against the budget request in this instance. But Sykes asked for a ruling on whether someone who had abstained could seek a second vote. City Clerk Paula Smith, parliamentarian for the council meetings, said that Sykes was allowed to do so. City attorneys and council attorney J. Richmond Pearson agreed with the city clerk.

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However, Councilor Joel Montgomery, reading from Robert’s Rules of Order, said anyone abstaining from a vote could only bring it back up in a special or standing committee, such as when the council meets for work sessions in what is called a “committee of the whole meeting [requires a quorum].” Montgomery argued that a regular Tuesday council meeting did not meet such criteria, as it is a legislative body. Council President Lee Loder overruled him and allowed Sykes to bring the vote back, which passed this time when she voted “yes” along with Councilors Royal, Reynolds, Miller, and Hendricks [who had voted "no" the first time]. Councilor Carole Smitherman abstained after voting “no” initially, while Councilors Abbott and Montgomery retained their “no” votes.

It was the second time in a month that a vote has been reversed with Sykes as the swing councilor. On November 9 Sykes abstained from voting to approve the hiring of Henry Sciortino as the city’s financial advisor. That vote had resulted in confusion about whether three votes constituted a majority when two voted “no” and two abstained. Loder allowed the vote to be taken again at meeting’s end, by which time Sykes decided to vote “yes” after talking with Mayor Kincaid. Whether Kincaid will now support Sykes in next October’s council elections is a matter of great curiosity at City Hall.

The budget request has been before the council since October, yet oddly, councilors reportedly did not meet to work out the details, though Kincaid did huddle individually with all but Councilor Montgomery. [Kincaid said that Montgomery failed to reschedule a canceled meeting, while Montgomery said no meeting was ever scheduled.] Councilor Valerie Abbott said she was not opposed to all of the items in the year-end budget, but simply wants the council to sit down as a group to develop a policy for spending from the city’s reserves. “I don’t want anyone to think I’m against fixing a dam or against fixing any of the things on this list. The Mayor was really kind to talk to us individually, but we need to sit down as a group and hear what each other has to say—not to be operating in a vacuum,” said Abbott.

The $22 million, which will be taken from the city’s approximately $88 million in reserve funds, includes $13 million for a Birmingham Jefferson Convention Complex parking lot, $1 million for flood mitigation, $500,000 for the Birmingham Zoo, $575,000 for a minority disparity study, $500,000 for repair work at East Lake Dam, and $120,000 for roof work on the A.G. Gaston Motel. Another $5 million appeared to be the most controversial, as it was earmarked for nothing other than “emergencies.”

Councilor Carol Reynolds expressed displeasure with the initial deadlocked vote that caused the budget request to fail. “I’m pretty dismayed about the vote that we just had on the spending,” Reynolds noted. “There are a lot of things in here I maybe could not have supported. But the East Lake Dam and the million dollars for flood mitigation are two of the most important issues in this city.” Then Reynolds shocked her colleagues with this dire warning: “I hope we have enough money to buy body bags if that dam [East Lake] breaks.” Councilor Joel Montgomery immediately took umbrage to that comment. “To characterize us as sitting on it [East Lake Dam], committing murder, and putting people in body bags is totally out of order,” said Montgomery in disgust. “We can pull East Lake Dam out of this entire amount here and vote on it by itself at any time this council deems it necessary.” Montgomery added that a second option was to have the dam declared an emergency if it was that dangerous.

After the council initially failed to approve the budget request, Councilor Bert Miller expressed shock that his colleagues could not reach a consensus to financially help residents: “We’re going to set this city back 20 or 30 years, possibly more than that!” Miller, who filed for bankruptcy in November with $93,000 in debt (according to an article in the Birmingham Post-Herald published the day the council approved the remaining $22,000,000), admitted, “I’m not ashamed to say it. I’m broke; I’m not afraid to say that, because I’ve tried since I’ve been here to help other people . . . There are the haves and the have-nots.” Miller, who in the past has bragged that he was “the money man,” has made headlines during his council tenure by drawing the names of poor to help. To this observer, it looked like a blatant attempt to purchase votes. Perhaps the councilor should consider that a politician who can’t handle his own finances has no business meddling with taxpayers’ money. &

City Council — City Council Pontification Blasted by Mayor

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2004-10-07 City Hall

By Ed Reynolds

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October 07, 2004

When business owners come before the Birmingham City Council with liquor license applications, it’s routine for the councilors to indulge in self-righteous pontification. This time it’s the Best Convenience Store on Pearson Avenue near West End High School that’s prompting the Council’s grandstanding. Store owner Ashal Saeed bought the business a month ago after moving to Birmingham from California. Community residents and school officials have been distressed that the store’s reportedly long-standing practice of selling single cigarettes and beer to teens is allegedly being continued by Saeed, though no one submits proof during the council meeting that the store owner is guilty. Although Councilor Carole Smitherman said she had seen groups of school children in uniforms leaving the store during the middle of the day while smoking, she said she assumed that they purchased the cigarettes at the Best Convenience Store.

Neighborhood activist Nell Allen has complained about the store for some time. “When you walk into the store you see barrels of cold beer and wine; cold and ready for them [presumably students] to purchase!” complained Allen, who was concerned about the beer signs on the premises as well. Students have also reportedly been pouring beer into soda containers so they can drink in class, though again, no one could prove that the alcohol was purchased at the Best Convenience Store. Arguing that teachers are at a disadvantage when instructing because students are “drugged and drunk” in class, Allen also complained that “you can smell dope in the air” when in the store’s vicinity, a claim which Councilor Bert Miller confirmed in a shocking manner: “I got high [in the store's vicinity] standing on the corner, almost, last week!” He added that the store was “filled with litter and loud music.”

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“We don’t need this in our neighborhoods, especially in our black neighborhoods,” Miller said, invoking a racial conspiracy theory. “I think some of these owners are preying on these black people in our neighborhoods!” The councilor often condemns the sale of alcohol in black neighborhoods— when he’s not complaining about the lack of minority contractors employed on city projects. Apparently, he fails to see the discrimination aspect of denying alcohol to black residents more frequently than white ones.

Mayor Bernard Kincaid has grown weary of the Birmingham City Council’s foot-in-mouth reactions when denying applications to sell alcohol. “The council actually uses the issue to pontificate and to express their distress for licenses going into certain communities. That is not what the law says. If it proves to be a nuisance, if it proves to be a detriment to the community, and it’s turned down on that basis, then [applicants] find solace by going across the [Linn] park to circuit court to get the council’s decision overturned,” Kincaid said during a press conference after the September 28 council meeting. In addition to the two reasons for denial mentioned by the Mayor, the third reason for denial as spelled out by state law is violation of zoning ordinances. The law does not allow refusal of an application simply based on proximity to churches or schools.

“It seems to me that what was described with respect to West End High School, and the property that they described over the last two to four weeks, clearly is a nuisance. It clearly is a detriment to the community,” added the Mayor. “And I think if the Council were to just stick with what the law says there would be no problems whatsoever. . . . The council adds too much extraneous conversation to [alcohol license application discussions] because what they say on the dais becomes part of the record,” continued Kincaid, adding that when a City Council denial recommendation is overturned by the circuit court, the city has to pay the attorney fees of the alcohol license applicant who has sued the city. The Mayor added that he sent police to the store in question when he heard about the cigarette and alcohol sales to minors.

Councilor Carol Reynolds emphasized that all neighborhoods need protection from alcohol sales. Using rhetoric fit for a tent revival preacher, she offered a condemnation of beer and cigarettes: “I’ve been standing up fighting for these people in these neighborhoods who do not want this filth, this venom, in their neighborhoods since day one!” said Reynolds. “Liquor stores around the city, I’m watching you! I will get your license revoked if I have to stand in front of your store and take tag numbers myself!” she warned. Later, Reynolds told other councilors on the dais, “If we have to, we’ll go out there together, a united front, and we’ll talk to these children, we’ll council these children. I’m a smoker, but it’s different when you are a developing child, and it’s against the law to buy ‘em!” What cigarettes have to do with alcohol sales is not explained by Reynolds, who added, “I’ll be glad to be a mother to this city. These children are my business.” &

City Hall — Elusive Animal Control Contract Baffles City Officials

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2004-05-20 News

Elusive Animal Control Contract Baffles City Officials

The City of Birmingham is under pressure to sign a new animal control contract that the Jefferson County Commission has yet to produce.

By Ed Reynolds

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For months, the city of Birmingham and the Jefferson County Commission have been at odds over pursuit of a joint contract on animal control services. The never-ending drama took a predictable turn on May 4, when the County Commission awarded the contract for animal control services to current provider, Steve Smith, president of BJC Animal Control.

The commission had given the City until May 18 to decide whether it would maintain joint animal control with the County or seek separate services. On May 11, the Birmingham City Council voted to ask the commission to delay signing the contract for 30 days. (If the contract is not ratified by the City, the County will proceed with a separate agreement for animal control services without the City.) Should the contract be terminated at the end of that period, according to Birmingham Mayor Bernard Kincaid, the City will have had some time to determine the appraised value of the animal shelter and other assets. (Birmingham would have to pay the County 45 percent of that appraised worth 14 days following dissolution of the contract.) The City would then be forced to provide animal control without the County. Birmingham is currently receiving services under a series of extensions of the contract that BJC Animal Control has held since 1997. In a May 13 meeting, the County Commission decided to delay signing the contract until June 1, allotting the City half of the time requested.

“No elected official with an ounce of sense would approve something they’ve never seen before.” —City Councilor Valerie Abbott

According to Charles Long, assistant to County Commission President Larry Langford, the final draft of the contract is not yet complete due to “caveats” that include education and a low-cost spay and neutering program requested by the Animal Control Advisory Board created by the County Commission. The deadline for completing the contract is June 1, the same day the City must make a decision to stay with the County or go it alone. Long could not give even a ballpark date for when the contract will be completed. “Between now and June 1, a contract will be drafted,” said Long in a May 14 interview. “The City will have the opportunity to take a look at that contract when it’s completed.” He added that the County’s purchasing and legal departments understand the importance of allowing ample time for the contract to be reviewed. “We’re not working to alienate the City in giving them an opportunity to take a look at the document,” he said. “It’s just to make sure that we get it right, because everyone expects us to get it wrong.”

Mayor Kincaid, however, questions the County Commission’s urgency to get the contract signed. “Why is there such an accelerated pace to get this signed in the face of their own advisory committee advising against it?” (The advisory board recommended the contract be awarded to Dan Bugg of Hot Springs, Arkansas, though his bid was $1.6 million, as opposed to Smith’s bid of $1,052,000, primarily due to Bugg’s inclusion of “significant capital expenditures”—four new vehicles, necessary improvements to the physical facility, an increased training budget, and more personnel).

Kincaid has criticized the County for ignoring the City’s input on the RFP (request for proposal) that was sent out to solicit bids from prospective vendors. At a May 11 press conference, Kincaid reiterated his opinion that the RFP was written to benefit the current vendor, BJC Animal Control. “You’d think that anyone paying two-thirds of the freight would probably not be the tail wagging the dog when it comes to this. We’ve asked for reasonable input into the RFP so that it would not appear to be slanted toward one provider,” said Kincaid, complaining that the City was paying the lion’s share of the current contract, more than $600,000 a year, while surrounding municipalities contract with Steve Smith for services at $75 an hour. “I would defy the County to have the quality of animal control that they have had for $350,000, because that’s all they’re putting in.” Kincaid added that he has not received a satisfactory response from the County regarding an audit of the escrow account, which is maintained to make improvements to the animal control facility.

Dr. Barbara Monaghan, chairperson of the advisory board created by the County Commission, expressed concern that the contract being considered by the County Commission has two one-year extensions, potentially extending the contract with Smith through 2007. “It’s my opinion that we should not maintain the same relationship with (Smith) for the next three years,” said Monaghan. “At every 12-month period there ought to be a quality review, and we need to lift the standards incrementally every year that he has the contract until we are in the place where we need to be.” Monaghan also wants the standards of the adoption and education programs that were to be built into the contract to increase every year. She has no illusions that all of the board’s wishes will be addressed. “I’m not naïve enough to think that if I took issue with a specific point of the contract that they would likely review it and change it. I’m becoming a little more cynical about the way things are,” said Monaghan in a May 13 interview.

“That’s very nice of them” was City Councilor Valerie Abbott’s sarcastic response to the County Commission granting the City 14 days instead of the requested 30-day period. “Considering that we don’t even have a copy of the contract to look at, that’s very generous of them,” said the councilor. “From the City of Birmingham’s standpoint, if we don’t get any extra time, of course we can’t approve it. No elected official with an ounce of sense would approve something they’ve never seen before. Or approve something they’ve just been handed. Surely the people at the County Commission don’t think we’re that stupid. So, I’m just assuming that the reason they decided to give us that very generous 14 days was the fact that even they haven’t read the contract yet because it hasn’t been written. But, of course, that’s just my guess, because the County doesn’t communicate with us.”

In an interview directly following the May 13 County Commission meeting, Commissioner Bettye Fine Collins expressed dismay that the City and County could potentially have separate animal control services: “I think it would be far better for us to have a cooperative agreement on this operation, so I hope it can be worked out . . . In the best of worlds, I think it would be better if some agency like the Humane Society had control of this.” Collins added she did not initially vote for Steve Smith to have the contract. “I didn’t vote for him to have that contract originally because he worked for the Health Department and apparently inspected restaurants. I didn’t think he had the background or training for it,” explained the commissioner. Collins seemed unaware of the advisory committee’s recommendation of the higher bidder instead of Smith. “I don’t know when they [the advisory board] meet,” said Collins. “I probably need to start going to some of the meetings to hear what’s happening.” She added that none of her suggested appointees to the advisory board membership were chosen.

Collins said she has not been a party to negotiations, as animal control does not fall under the purview of her office. Regarding criticism that BJC Animal Control has not been properly audited, Collins responded, “If you give a person a contract, and they are to operate under that contract, I’m not too sure that after you agree to pay them this amount of money that it’s our role to do a financial audit on the operation. He’s an independent contractor, and he contracts to us for a service . . . I don’t really know if it’s a matter to be audited . . . then I would think that the Office of Public Examiners would require us to do that. The only thing that I can suggest about that would be that we set up some form of evaluation for his operation.” Collins said she’d like some input to set up an evaluation for independent contractors. “All I can do is just evaluate their performance, . . . and how the monies are spent to provide that service would not be mine to judge, I would think,” she concluded. At the end of the interview, Commissioner Collins told this reporter to stop by her office that afternoon to pick up a copy of the contract. Twenty minutes later, someone from her office phoned to say that there was no finalized contract available. &

No More Mr. Nice Guy

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No More Mr. Nice Guy

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.

City Hall — September 11, 2001

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By Ed Reynolds

September 11, 2001

After the attack on the World Trade Center, the only access to City Hall is the 19th Street entrance. One of two television monitors in the third floor council chambers that usually beam council proceedings close-up is tuned to news reports, and this morning’s Pledge of Allegiance takes on a dramatic mood in the aftermath. Birmingham Police Chief Mike Coppage announces the implementation of the city’s security plan, which calls for additional patrolmen, though Coppage emphasizes there is no credible threat to the city at the time. Councilor Lee Loder asks who is responsible for gathering intelligence. Coppage replies that the city has liaisons with the FBI, ATF, and Secret Service to update impending emergencies.Bell apologizes to Mayor

At last week’s council meeting, Council President William Bell denied that he ever said he would be a candidate in the October 9 council election after Mayor Kincaid had said Bell was indeed a candidate. At issue was the appointment of Councilor Jimmy Blake to the Election Commission to replace Bell, who can’t serve on the commission if he is also a candidate. Acknowledging that he is reluctant to do so in light of the morning’s attack, Kincaid plays an April 18, 2001 tape of Bell confirming his candidacy on the air with WATV radio talk show host Shelly Stewart. Bell apologizes to Kincaid for denying his candidacy, and says the Mayor was acting correctly in removing him from the Election Commission.Blake questions loans

A $400,000 HUD Section 108 loan to O’Brien’s Seafood Restaurant in Roebuck creates a storm of protest from Councilors Aldrich Gunn and Blake. [HUD determines the interest rate for the 20-year loan, which is usually below market rates. No letter of credit is required, and the city takes the risk.] Blake notes that the business already has received $1.2 million in loans and benefits, and questions why more money is being loaned. The councilor is also puzzled about the criteria used to determine who is eligible for Section 108 loans. “If I put up a sign saying ‘Low interest money below market rates. Come to the city of Birmingham. You can suck off us’ and they all come in, are you going to give them all a loan?” Blake objects to the notion of taxpaying businesses subsidizing other businesses through taxpayer dollars.Kincaid emphasizes that the city must be willing to take risks for economic development. “Maybe we do need to put out neon signs,” says the Mayor, noting that HUD was concerned that Birmingham was not taking advantage of available funds, which puts the city at risk of not receiving new appropriations. “The triggering device is application. The other businesses have not made application,” explains the Mayor, stressing the importance of a sound tax base. Councilor Lee Loder explains that the loans are designed to stimulate low to moderate income areas that have problems attracting investors. The restaurant is behind on loan payments due to a small mountain in back of the business that is collapsing, destroying a previous retaining wall and thereby boosting expenses.

In a free market system, explains Blake, the government stays out of loaning money because the city is “gambling with taxpayers’ money.” Blake says it is “immoral to take money from one person and give it to another. That is not a proper function of government at any level.” The loan is approved.

Citizen empowerment

Councilor Blake offers a resolution confirming that the city council is elected to represent, and not rule, citizens, and all council authority is based on the consent of the governed. The resolution also states that all property and assets held by the city and affiliated boards and agencies are owned by citizens and are held in trust for their benefit. The right to initiatives and referendum allows citizens to initiate and pass laws, or to overrule council action through referendum, further states the resolution. Bell and Gunn leave the room as the resolution is read, leaving Blake in charge. Blake charges that the council ignored the will of the public regarding the fate of the Water Works assets, and exhibited “contempt for Birmingham voters” by refusing to pay for the February 2001 referendum. [A similar referendum regarding citizens' voice in the fate of solid waste was initiated through petition drives, and would have been on the October 9 ballot. However, last week the council unanimously approved the solid waste referendum, thereby keeping the issue off the ballot.] Approval by the council of the solid waste proposal is a contradiction in relation to refusal to pay for the Water Works referendum, according to Blake. Councilor Johnson, who frequently butts heads with Blake, commends Blake for the resolution. Johnson agrees that citizens hold the right to overrule the council.

Councilor Sandra Little is suspicious of Blake’s motives and sees no need for the resolution. She defends her position not to pay for the Water Works referendum and demands that her district receive the same attention that Blake’s Southside district has received, especially in areas of economic development and street repair. Blake accuses her of changing the issue under discussion. Little replies that Blake is merely attempting to set a trap the council refuses to fall for. “You [Blake] dug that ditch big enough for all your cronies to fall in,” says Little. Councilor Don MacDermott, who has sided with the council majority refusing to pay for the Water Works referendum, says the referendum issue is basically whether or not a city water department should be created. MacDermott says Blake’s statement that 81 percent of city voters supported the citizens referendum is misleading because “only 10 percent” of registered voters participated in the referendum. Noting that all but one councilor (Blake) voted to voluntarily submit to drug-testing one year ago, MacDermott poses the scenario of citizens organizing a petition demanding that all councilors submit to drug tests, and asks if Blake would agree to be tested. Blake fumes that councilors are avoiding the issue.

September 18, 2001

Long-time Aldrich Gunn assistant Hezekiah Jackson quit his $50,000 position the day after last week’s council meeting when he appeared on local radio to announce that he had information regarding Gunn and other Jefferson County Citizens Coalition members that might interest the U.S. Justice Department. The subject is side-stepped during the council meeting, but after the meeting, reporters surround Gunn like “flies,” a favorite term of Gunn’s when alluding to the media. Gunn glares at the persistent mob of notebook, microphone, and camera-wielding reporters as he refuses to “dignify the questions with comments.” It’s one of the few times reporters have devoted attention to the elderly councilor with the golden tongue.

Long live the Cue Ball

Revocation of the liquor license for the controversial Cue Ball in the Lakeview district returns to the council agenda. Councilor Bill Johnson suggests a four-week delay of the item [which has been deferred numerous times since January of this year], but Cue Ball attorney Ferris Ritchey is tired of waiting. Johnson says a delay will allow a compromise that could satisfy everyone. Ritchey responds that the complaining businesses should help the Cue Ball get out of its lease if they want the club to vacate the area. Councilor Blake notes the extent of the nuisance, citing “drug convictions and fights” at the club, and partially blames the landlord for creating the problem by putting a lounge on the block in the first place. Blake agrees that the landlord should be more cooperative in ending the lease.

Noting that the club is licensed and operating in an area that is properly zoned, Ritchey threatens a lawsuit against the businesses for “torturous interference with a business” if the liquor license is revoked. Ritchey says the businesses “don’t want black people in their neighborhood!” Councilor Loder says that only one incident has occurred in the past six months, and the trash problem cited as a nuisance has been addressed. “I’m not going to sit here and be a moral judge, even though I may have some moral differences that go on [there],” says Loder. He sees no justification for revocation.

Calling the complaints against the lounge “a traffic jam of people not following the law,” Councilor Blake notes the large number of arrest and nuisance reports lodged against the Cue Ball. Blake calls Ritchey a “slick lawyer trying to make a racial issue of something that is a nuisance issue.” When Ritchey objects, Blake tells him to sit down because he is not a council member and has no right to monopolize speaking time. (Council President Bell laughs at Blake’s reference to the monopolizing of time by others.) Refusal to remove the license is an example of why businesses flee the city of Birmingham, says Blake. “Businesses don’t come into areas that look like they’ve been bombed out, that are littered, where gangs are hanging out, where traffic won’t move. If you want businesses in your neighborhoods, in your council districts, in local business communities, you must stand up,” he explains. At this point Johnson walks over and whispers in the ear of various councilors, purportedly because character issues are being discussed. Little objects to “hidden agendas going around,” which she calls “totally out of order.” Unable to hide his disgust, Blake replies, “Sandra, that’s such a lie.” Mayor Kincaid also disapproves, protesting that there are Sunshine Laws against “serial meetings” by council. Kincaid reminds councilors that whatever the council does has to come to the Mayor for approval or disapproval. The council refuses to grant a delay, and votes five to four allowing the Cue Ball to keep its license.

“Telegram” poles

Posting signs, political or otherwise, on telephone poles is against the law. Councilor Leroy Bandy protests that his signs have been removed from private property, while other candidates’ signs are allowed to remain on “telegram poles.” Street and Sanitation Department head Stephen Fancher says that department employees are instructed to remove all illegal signs, and discrimination against candidates is not a departmental practice.

Judas Iscariot

Citizen Eddie Turner admonishes former Aldrich Gunn aid Hezekiah Jackson for betraying Gunn. Noting that he previously had tremendous respect for Jackson, Turner is convinced that Jackson is named after Hezekiah in the Bible, who asked God for 15 more years of life when it was his time to die, according to Turner, resulting in eternal damnation. Turner concludes that Jackson is “like a man without a country,” and notes that Judas “went out and hung himself after he betrayed Christ.” &

City Hall — May 24, 2001

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City Hall

By Ed Reynolds

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May 24, 2001

May 8, 2001

“Let’s talk about George McMillan,” suggests smiling Councilor Jimmy Blake as McMillan walks down the aisle of the council chambers, replying, “Let’s don’t.” The City Stages president briefly plugs his looming City Stages 2001 event, touting this year’s talent as the best ever. It’s the lone highlight of a morning abbreviated by Council President William Bell so that councilors can join a motorcade protesting a lawsuit by businesses along Richard Arrington Jr. Boulevard, formerly known as 21st Street. The businesses have filed a lawsuit recently over address-change expenses and other inconveniences, including disruption of some mail service.

Bell announces that the meeting will resume at 1:30 p.m, though it never does. The vanishing Council meeting is the latest questionable action by Bell regarding Council meeting procedures. Two weeks ago Councilor Blake said that Council Administrator Jarvis Patton told him that Bell ordered Patton to shut off Blake’s microphone for a good two minutes while Blake was debating Bell on an issue.

In other city business, an irate citizen being levied a fee for the removal of suspected weeds on his property claims that the city mowed down his kiwi crop. The Council also approves UAB’s request for the removal of 15th Street between 11th and 12th Avenues South so that the street can become campus property.

May 15, 2001

Slashbuster added to city’s flood-fighting roster

Street and Sanitation Department head Stephen Fancher addresses Councilor Sandra Little’s queries about the newest trouble-shooter residing at City Hall, the much ballyhooed “slashbuster,” a phenomenal 21st Century machine that purportedly clears creeks of “debris and clothing and things,” according to Little. Fancher confirms the machine’s incredible powers, including a “25 to 30-foot” range of motion. “It can crunch up a tree or limbs or any kind of vegetative growth on the creek,” explains Fancher as he obligingly details the slashbuster’s current itinerary: It has been in operation for two weeks on Shades Creek. Next stop is Five Mile Creek, then Village Creek, and on to Valley Creek. Councilor Little snickers when told that Shades Creek, the first stop, is in Councilor Johnson’s area. “I don’t know why you didn’t start out in District Seven [Little's district], because we have quite a bit of flooding,” says a miffed Councilor Little. “Is there a reason why we started in that area? Did you study what you were doing?” Mayor Kincaid quickly answers, “Yes, ma’am. It [creek water] flows east to west. So we started on the eastern side of town.” Little admits to suspicions that Kincaid was “biased” towards Johnson’s district because of Johnson’s support of the Mayor’s policies. She alludes to possibilities of a class action lawsuit from residents in her area affected by flooding. She asks when the slashbuster will be in her district. Fancher responds that it all depends on how long it takes to clear Five Mile Creek, pointing out that foreseeable problems include exit from the creek each time the machine encounters a bridge. The slashbuster then must find another suitable point for re-entry into the water.

Councilor Blake, noting that “water is very non-partisan in the way it runs from upstream to downstream,” disagrees with the procedure, explaining that if the downstream is not cleared and rate of flow increases upstream, then downstream will be worse. Fancher explains that the clearing of Shades Creek started downstream, then worked back upstream. The Street and Sanitation Department head also explains that Shades Creek was a good training area for practice with the new clearing contraption.

Gunn urges cosmetology students to open hair “saloons”

Councilor Sandra Little salutes Wenonah High School cosmetology students for their recent second place finish in a state business skills competition. Little promises that she’ll “be coming up there to get a new hair style!” Councilor Loder notes the current increased interest in cosmetology. “Any profession where you can get $30 or $40 just to wash somebody’s hair is a pretty good profession to be in,” notes Loder. “And not only that, they have to be chemists now, and know a lot about math in order to make sure they mix that material [hair dye chemicals, etc.] properly so their folks don’t have to come see me [Loder is an attorney],” he adds, laughing. Councilor Gunn bemoans the fact that “trades have been thrown away.” Gunn urges the students to look at opening their own business. “You can be the owner of your own enterprise, saloon and all!” encourages Gunn. The councilor boasts that he knows how to braid hair.

Budget wars begin

Mayor Kincaid delivers his Fiscal Year 2001 budget and capital improvement address, noting that economic and political circumstances presently at play in the city of Birmingham have created some “unique and formidable challenges for the coming fiscal year.” Kincaid says those challenges, however, will not hamper plans to move the city forward. Kincaid then surprises the audience by announcing that, according to a fax he received 45 minutes before the Council meeting, bond rating agency Fitch IBCA had downgraded the city’s bond rating from AA to AA minus. The New York bond agency’s adjustment of the rating was “triggered by the disclosure of significant political discord over a long period of time, and conflicting legislative and judicial actions concerning ownership of the Water Works,” according to the Mayor. Kincaid also announces a three percent cost of living pay raise and absorption by the city of increased health care premiums for city employees.Battle lines immediately take shape as Councilor Bill Johnson takes issue with the proposed budget for not including a separate pay raise for police and firefighters that had earlier been approved unanimously by the Council. Johnson also suggests that a uniform allowance be given to public safety officers. He notes that the city is understaffed by approximately 100 officers [10 percent of the police force] as he wonders aloud who will staff the proposed $550,000 police precinct Kincaid outlined in his address [the precinct, the city's fifth, will be located in the western area]. Johnson urges the Council to go on record approving significant pay raises for safety personnel, forcing the Jefferson County Personnel Board to explain why they won’t approve the raise. Kincaid explains that the Jefferson County Personnel Board is simply acting in accordance to law. The Mayor also notes that HUD questioned city proposals detailing compensation for police and fire fighters through housing programs.

Councilor Blake urges Kincaid to look at withdrawing from the personnel board if association means further migration of law enforcement officers to higher-paying suburbs. Blake notes that Hoover, which is luring many city police officers, is not part of the county personnel board system. He also points out that the city has twice as many employees as it did 20 years ago, when the population was significantly larger. Back then, pay raises were competitive, says Blake. The councilor suggests a hiring freeze in some city departments so that salaries can be boosted to competitive levels. Kincaid says that the city plans to ask the Jefferson County Personnel Board to closely examine substantial pay raises for safety personnel in line with what surrounding municipalities pay during the comprehensive salary review process that is scheduled for 2002.

They don’t build ‘em like they used to

Mayor Kincaid withdraws a request for $625,000 to be transferred from Boutwell Auditorium cosmetic repairs to Legion Field structural repairs. Director of Engineering, Planning, and Permits Bill Gilchrist explains that further inspection of the structure shows that repair needs are not quite as extensive as once feared. Gilchrist notes, “I’m going to give thanks to God that we had an engineer in the early 1900s that over-engineered that structure [Legion Field].” He adds that many early public works were over-engineered, citing the Brooklyn Bridge as an example, explaining that the bridge is seven times stronger than necessary. “When people were doing these structures early, they had higher levels of caution and safety factors than what we would consider.”

See no evil

Only one week after the oddly suspended Council meeting, Council President William Bell sternly orders camera operators recording the meeting for Tuesday evening’s cable channel 4 broadcast to “leave the cameras off!” during an argument with Councilor Aldrich Gunn. Bell instructs camera operators to resume videotaping when he gives the command, which he does after telling Councilor Gunn to confine his comments to the subject at hand. &

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.” &