Tag Archives: City Hall

City Hall — Kincaid Expresses Doubt About Police Roadblocks

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January 12, 2006

Approximately five years ago, Birmingham police routinely set up roadblocks at various intersections to check driver’s licenses, verify vehicle tags, and, presumably, scrutinize drivers who might appear intoxicated. Oddly, as soon as thriving business establishments opened at two of the several inspection points, roadblocks stopped. Eventually, other roadblocks ceased after former police Chief Mike Coppage left the city to go to work for the state.

With the city of Birmingham’s 2005 homicide rate nearly double that of 2004, and the number of muggings and armed robberies in the Southside and Lakeview districts (some in broad daylight) on the rise (police and city officials dispute that armed robberies and muggings have gotten worse), roadblocks would seem to be a common-sense approach to perhaps getting control of an ever-present danger.

The first two days of 2006 included two more homicides, and police have recently been quoted as saying they have no control over what people who carry guns do with them. Mayor Bernard Kincaid has noted on several occasions that most of the homicides are domestic-related and questions whether police can deter disputes that occur in homes between acquaintances. “Some of the issues seem to be beyond our control,” Kincaid said at a January 3 press conference. “The chief [Birmingham Police Chief Annetta Nunn] reports to me that there were two phenomena that characterized what happened in 2005. First of all, the crime rate in the city was down at last report. Secondly, that homicides went up, and there were two disturbing factors about that: The large percentage of those homicides were black on black. And that they were acquaintances, they were not strangers killing strangers. If any intervention is sought, it has to deal with interpersonal relationships—anger management and conflict resolution.” Kincaid said Nunn is currently working on a proposal that will be unveiled the second week of January.

When asked if roadblocks would ever be brought back into regular use, Kincaid said probably not. “That’s fraught with a lot of issues that I wouldn’t want to sanction at this point,” explained the Mayor. “The issue of whether roadblocks are deployed becomes an issue of whether or not it’s the beginning of racial profiling. All of that issue came up before. The negative side of that seems to outweigh the positive benefit. We have things like project ICE—that’s ‘Isolate the Criminal Element.’ Stiffer penalties are attached to gun crimes and that kind of thing, the illegal possession of guns.” Kincaid added that the city has also been working with the Drug Enforcement Agency to see what the city’s role should be in conjunction with the DEA and other task forces. &

City Council Imposes Fee for Fence Erections

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City Council Imposes Fee for Fence Erections

 

January 12, 2006

On January 3, the Birmingham City Council passed an ordinance requiring that permits be obtained before landowners construct fences and walls in their front yards. A $25 fee will also be required. As Councilor Valerie Abbott put it, “Right now [the fence ordinance] has a lot of holes in it.” Abbott, who chairs the Council’s zoning committee, cited the large number of violations regarding the heights of fences, especially those with towering decorative items placed on posts at gate entrances. “We wanted it to be a very low fee so that anyone could afford to do it,” said Abbott. “We’re expecting that, for the most part, the fence companies will be paying that fee. But every once in a while an individual will put up their own fence.”

She failed to add that the cost of a permit would simply be passed on to the consumer. The ordinance increases fence heights to a maximum of four feet, while posts can now be up to five feet tall. The councilor added that currently no permit is needed to put up a fence, and a fee is necessary to handle the legal process residents will be forced to go through, which includes a fence inspector. Landowners can currently be cited for having front yard fences too high.

We are only talking about $45,000 generated for the city from fence fees. There is nothing that we can do with $45,000 for the city.” —Councilor Roderick Royal

Councilors Joel Montgomery, Miriam Witherspoon, and William Bell all support the regulation of fence heights but did not vote for the ordinance due to their opposition to the fee. “I can’t support this ordinance. I have no problem with any part of it except the $25 fee. If someone wants to put a fence on their property, I think we have inspectors that can go out and do that without charging our citizens an additional $25,” Councilor Montgomery said.

It lets us get to the installation before the fact,” explained Planning, Engineering, and Permits Department chief Bill Gilchrist. “Once a fence has been installed that’s out of code, out of ordinance, it’s very difficult to get it back in line.” Mayor Bernard Kincaid added that the ordinance is not a revenue-generator but merely offsets, in part, expenses incurred by inspectors who have to go out and examine the fencing.

Noting that $25 was a lot of money to some, Councilor William Bell was worried that the fee could become a revenue-generating issue as opposed to an enforcement or compliance issue. “I don’t want to be perceived as the Council putting a hidden tax on people out there in the community,” said Bell. Councilor Roderick Royal disagreed, arguing that the fee should not be a problem. “I don’t know how we can manage to turn something simple into a complicated matter . . . We are only talking about $45,000 [generated for the city from fence fees]. There is nothing that we can do with $45,000 for the city.” Royal said he had a relatively small fence installed that cost $900. “If you’re going to put a fence up, chances are you’re going to have $25 . . . If the word ‘fee’ bothers you, let’s just change the word.”

Councilor Carol Reynolds expressed disgust over the unsightly fences she has observed while riding through neighborhoods. “You see everything from sheet metal to chicken wire. It’s phenomenal what is out there. I understand the need for fencing. But I also understand that we are a Council that has made a commitment to be proactive in our decisions rather than reactive.” Reynolds said it would be cheaper for residents to simply pay a $25 fee rather than having to dig up the fence later to get into compliance. &

 

Railroad-Park-Threatened

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Railroad-Park-Threatened

December 29, 2005

Mayor Bernard Kincaid is insulted by a current butting of heads over a railroad park proposed for construction between 14th and 18th streets along First Avenue South. The city of Birmingham and Friends of the Railroad District [FORRD] are engaged in a power struggle over who will oversee development of the park which will include a two-acre lake, restaurant, small beach area, railroad museum, picnic areas, and a carousel. At press time, Giles Perkins, president of FORRD and a member of Birmingham City Council President Carole Smitherman’s recent re-election campaign, said the city and FORRD were not far from reaching an agreement.

“Perkins e-mailed my chief of staff [Al Herbert] . . . and said that we’re not very far apart,” said Kincaid. The Mayor has bristled at notions that FORRD should control the project. “But for Bernard Kincaid, we wouldn’t have the master plan that gave us this . . . We birthed this into creation. Not that I’m trying to take ownership, but I birthed this baby. And I’m not about to give it away. I’m willing to work with anyone to help me raise it. . . . I have invested an awful lot into its creation and guiding its creation.” At the December 13 City Council meeting, Councilor William Bell told Kincaid, “If we’re going to allow private developers—or a private group to come in and work on this, then they need to be given a free hand to the extent that they can go out and raise funds, to the extent that they can make decisions without—no offense—getting bogged down in the bureaucracy of city government.” Bell explained that there is no reason to work with the FORRD group if the city wants to control the project. “I’m a proponent of if we’re going to bring in private dollars, then we need to give them the kind of free hand that they need,” added Bell.

Kincaid responded that many investors will not fund the project if the money does not go to the city, especially the $2.5 million the Jefferson County Commission pledged on December 15. “What’s at issue, quite simply, is control. It is a city project, it’s city-owned property,” said Kincaid.

We didn’t start this project with someone else taking charge of it. In my opinion, that’s the tail wagging the dog. We welcome others helping us to raise funds to consummate the project, because it can not be done just out of city funds. We’re going to need private sources . . . So it then becomes incumbent upon us to strike an agreement such that those funds that can come to us, and they come to us because there is the perception that there is some oversight on our part and some guiding of this project by the city of Birmingham and its professionals.

The County Commission invited the entire Council to a December 15 presentation by the city to the County Commission, which in turn approved its $2.5 million match to that of the city. Only Councilors Joel Montgomery and Miriam Witherspoon attended the meeting, though the entire City Council is in support of the railroad park, with reservations. At the December 13 Council meeting, Councilor Roderick Royal complained that projects without the County Commission often do not work out. “I’m not at all against the project,” said Royal. “I think my biggest problem is that we’ve had so many arrangements that the city always gets caught holding the bag . . . We had the zoo. We had the regional thing that we were going to turn it over to the Friends of the Zoo. We’re still funding the zoo.” Royal added that the Friends of Avondale Park never wanted to take over Avondale Park. “Nobody wants to be a Friend of Legion Field. If you really want to do something, help Legion Field.” The comment brought a run of snickers from the Council chambers.

Giles Perkins, present of FORRD, told the Council that the project was modeled after a contract in Asheville, North Carolina, that he was alerted to by members of the Mayor’s steering committee, who planned the railroad park project. Perkins agreed with Councilor Bell that “to raise private sector money we have to have the appropriate authority to commit that the dollars are going to be spent the way that they have been pledged.” Negotiations have gone on for a year. Perkins, an original board member of the Birmingham Zoo when it went private, told councilors that his group is committed to the vision of consultants hired by the city to make preliminary designs of the park.

At the Finance and Administration committee meeting on December 12, Perkins told the Mayor and Council that FORRD would be happy to develop it and turn it over to the city. “That’s just the reciprocal [sic] of what should happen,” Kincaid said at the Council meeting the next day. “The city should develop it and then do as we did with Vulcan Park Foundation or with EBI—the zoo. We did it! We got it where it needed to be. We ushered it through all the processes, then we turned it over to an entity, not the reciprocal [sic]. And that’s what’s being asked for now.”

The Council voted to put $2.5 million into the project with stipulations that the Mayor update them on negotiations with FORRD by January 16, 2006, before presenting a final agreement by January 30, 2006. &

City Hall — Transit System Threatens Halt

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Transit System Threatens Halt

August 25, 2005

The Birmingham Jefferson County Transit Authority (BJCTA) is warning that public transportation may shut down August 31 if the Metro Area Express (MAX) does not receive $2.8 million owed by the city of Birmingham. Of the money owed, $1.1 million is a fiscal year 2003 debt the city has not paid, while the other $1.7 million is for current services in 2005. The BJCTA’s 2006 fiscal year begins October 1, 2005. Phil Gary, chair of the MAX board of directors, said the agency was not aware of the financial crisis until the first week of August, after a recent audit.

At a Birmingham City Council transportation committee meeting on August 17, MAX representatives presented the information to the Council for the first time. Surprised Council members were concerned but said it was the responsibility of the Mayor’s office to execute payment for what the Council had already approved. “The money is there,” said Councilor Elias Hendricks, and transportation committee chair Carol Reynolds told MAX representatives that the issue would be taken to the Mayor. In addition to Reynolds and Hendricks, Councilor Valerie Abbott was also present. None of the three would offer an opinion about the failure of the Mayor’s office to make payments to the BJCTA.

 

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“The Council has approved the FY2003 payments to the MAX agency, as well as the 2005 payments,” said Phil Gary. “We need the executive office to authorize the finance department to write a check so that we don’t have to stop services . . . It would be a tragedy not to be able to run paratransit [the transit services provided for those with medical needs and disabilities].”

Interim MAX Executive Director David Hill, a former MAX operations manager, said that the $1.9-million surplus MAX reportedly had did not really exist. The miscalculation occurred because lump-sum payments to the transit system had been made at irregular intervals, giving the appearance of more money in reserve than what existed. Citing past “creative accounting” practices, Hill added that there was no three-month reserve supply of money, as had been reported. He blamed the poor bookkeeping on the failure of the MAX board to add a financial expert to the staff. “We had no CPA or accounting professional at all on our staff to provide accurate financial reports,” explained Hill. MAX has since hired a CPA as the new comptroller.

At a specially called MAX board meeting (convened hours before the transportation committee meeting), board member Reginald Swanson demanded to know what authority Birmingham had to delay payments. Swanson demanded that the board take the matter to court as soon as possible. New board member Guin Robinson urged the board to let the city of Birmingham respond before taking legal action. Swanson argued that the transit system was only two weeks away from ceasing operations and said the litigation should proceed if the board got no satisfaction from the Council later that afternoon. Phil Gary was equally irate. “I think it’s appalling that the city will not remit to us [money owed] for services provided,” said Gary. MAX board member Johnnye Lassiter, who represents Bessemer, added, “I would hate to have to go to Bessemer and tell them the system will shut down because the Mayor of Birmingham is not paying his bills.”

In December 2004, the MAX board ended a two-month drama regarding the fate of former Executive Director Mark Stanley. As the director for two years, Stanley boosted ridership, increased routes, added night and weekend service, and increased revenues. But MAX chief Phil Gary criticized Stanley’s financial and staffing management and said Stanley deserved no credit for public transit improvements. After an initial vote last October to fire Stanley, the four dissenting board members refused to attend subsequent meetings to confirm the vote. This prevented a quorum in light of the absence of board member Reginald Swanson (who was in favor of firing Stanley) due to hospitalization. Eventually, a quorum showed, and Stanley was voted out five to four. The minority in support of Stanley then asked for Phil Gary’s resignation, which was voted down. Critics have blasted Gary for wanting Stanley out, saying that Gary—a former MAX general manager who was asked to resign at the board’s request in 1995—can micromanage the agency as he pleases. It should be noted that under Gary’s management, MAX lost money, cut routes, laid off drivers, and increased fares.

Birmingham currently provides $6 million of the $16 million MAX annual budget. The city appoints five of the nine MAX board members. Birmingham Mayor Bernard Kincaid, who was invited to the August 17 transportation committee meeting but was on vacation and did not attend, later said that MAX invoices from 2003 and 2005 had not been submitted. Phil Gary insists that the invoices were turned in. &

 

City Hall — Bert Miller Under Investigation

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In March of this year, internal audit and compliance director Etta Dunning urged that Birmingham City Councilor Bert Miller be investigated regarding a $25,000 expenditure for a concert that never took place. Dunning asked that the U.S. Justice Department and the Jefferson County District Attorney’s office look into the matter. Concern had been raised earlier this year about a lack of accountability for the more than $400,000 the city annually hands out to arts and cultural groups.

Miller is chair of the Parks and Recreation Cultural Arts Committee, which supervises the arts executive committee. The councilor claimed the executive committee approved $25,000 for a concert promoted by Teen Rock International, Inc. But several months ago committee members denied that the $25,000 had been approved, or that Teen Rock had even made a presentation to the committee. Bert Miller nonetheless added the item to the City Council agenda, after which the Council voted for the expenditure 7 to 2, with Councilors Joel Montgomery and Carol Reynolds voting against it.

“The money was approved by the full Council . . . Once it leaves the City Council’s dais, and was approved by the Council, I’m through with it . . . I don’t know what happened after that.” —Councilor Bert Miller

A report prepared by Dunning’s office said the $25,000 should be paid back to the city by Miller and two individuals affiliated with Teen Rock. The report also stated that an accompanying workshop was never conducted.

Birmingham Mayor Bernard Kincaid said he will ask the Alabama Ethics Commission to investigate Miller.

On Tuesday, July 19, Miller held an impromptu press conference outside his office at City Hall. “I’ve done no wrongdoing,” said Miller. “The Mayor and city attorney had different opinions. They had a prosecutor who’s a friend, and I think it’s a political witch hunt.” When asked about his absence from recent council meetings, the councilor grew angry. “I’ve been ill. I stated in the record, I’ve been in Brookwood Hospital; I almost lost my life! Do they have any consideration for that? I was sick! I had a heart virus! Make sure that’s on TV, OK? I was told by my heart doctor not to come [to council meetings]!

Regarding any awareness on his part about impropriety by Teen Rock, Miller again grew angry and said, “Once it leaves the City Council and is voted on by the full Council, I’m through with it. Let’s go on to the next item!” Miller added, “The money was approved by the full Council, and that’s where the buck stops . . . Once it leaves the City Council’s dais, and was approved by the Council, I’m through with it . . . I don’t know what happened after that.”

 

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Miller announced last year that he was bankrupt. In recent years, he has claimed to have given away thousands of dollars to help poor residents pay bills. On some occasions, he drew names from a bowl in his council office to decide who would receive the money. During public appearances, Miller sometimes handed out fistfuls of cash to screaming women as if he were a game show host. Newspaper headlines often touted Miller as the “money man.” &

 

City Council Approves Sears Building Purchase

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City Council Approves Sears Building Purchase

June 30, 2005 

On June 14, the Birmingham City Council voted to spend $1.525 million to purchase the former Sears building in downtown Birmingham. Joel Montgomery was the only councilor to vote against the transaction. The dilapidated building, owned by Barber Properties, has been appraised at $3.05 million. The Birmingham Entrepreneurial Center, currently housed in the former Tillman-Levinson building, will pay the remainder of the purchase price. The Entrepreneurial Center will combine with UAB’s Office for the Advancement of Developing Industries [OADI] to move into the Sears structure after $12 million in renovations have been completed.

UAB has decided to close OADI, currently located in Oxmoor Valley. OADI Executive Director and Entrepreneurial Center President Susan Matlock said it has been difficult trying to attract to Oxmoor Valley any emerging businesses that result from technology commercialized by UAB. She added that UAB faculty affiliated with OADI had complained that the distance from campus to the Oxmoor location was a detriment to the process. Al Herbert of the Mayor’s office echoed Matlock’s observations about proximity, adding, “The tenants [at OADI] are displeased with the amount of travel time from the facility to downtown [Entrepreneurial Center].” OADI and the Entrepreneurial Center have been associated for approximately two decades.

Upon finalization of the transaction, the city will deed the purchased Sears property to the Entrepreneurial Center, according to guidelines stipulated in securing the $12 million loan. Part of the funding involves new market tax credits, which require that the Entrepreneurial Center spend all the funds by the end of the year following the one in which the money is borrowed. The city has the right to buy out the Entrepreneurial Center’s half of the initial $3.05-million purchase should the business incubator fail to secure the loan. If the Entrepreneurial Center sells the property to an unrelated third party, the city is entitled to recoup its investment plus 3 percent interest.

“I think $2.5 million to get 1,000 people to working is pretty good numbers.” —Councilor Carole Smitherman

Matlock said OADI and the Entrepreneurial Center have generated $1 billion in economic impact when applying economic multipliers, in addition to the revenue produced by industries in the business incubators. The “multipliers” reflect money turning over in the local economy, according to Matlock. Once the two incubators move into the Sears building, income of the expected 65 businesses that would be housed there is projected to be $334 million, with an additional $664 million when economic multipliers are factored in. Matlock said more than 1,200 are expected to be employed by the incubator. When asked how the new Entrepreneurial Center would be affected should businesses from OADI relocate elsewhere upon closure of the Oxmoor facility, Matlock said there have been 70 to 80 applicants per year for the business incubators over the past 20 years that the entities have been in operation. She did not feel that filling the new incubator should be a problem.

“I think $2.5 million to get 1,000 people to working is pretty good numbers,” said Councilor Carole Smitherman, who had been skeptical of the project during the June 6 finance and budget committee meeting. “If we’re going to capture the creative class and give them a place to work, to invent their ideas and make them work, I want to make sure that Birmingham is that place. What we are doing is fighting a battle every day to keep our young people in Birmingham.”

Councilor Roderick Royal questioned the wisdom of paying the fair market value for a property no one wants. (The Sears building has been an eyesore for well over a decade.) Royal, who supports the project, suggested, “I don’t think we ought to be paying for something, certainly at the appraisal price, that nobody else wants or has any use for at this time.” Councilor Joel Montgomery had asked for information from the city’s revenue department on June 10, regarding which graduates of the business incubators were paying property, sales, and occupational taxes to the city. As of June 20, Montgomery still had not received the information he requested. &

City Hall — Ready to Rumble

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June 16, 2005

In lashing out at legislators who appear ready to change the makeup of the Birmingham Water Works Board, Mayor Bernard Kincaid may have kicked up more sand than rate-payers are prepared to swallow. Drawing lines in the regional sandbox that purchases water from the Birmingham system, Kincaid compared the plans of five Jefferson County state lawmakers to actions on par with “Jesse James.” The legislators—Jabbo Waggoner, R-Vestavia Hills; John Rogers, D-Birmingham; Eric Major, D-Fairfield; Jack Biddle, R-Gardendale; and Steve French, R-Mountain Brook—want to make the Water Works a regionally controlled entity. They insist that the board be expanded to include a more comprehensive representation of the area. Approximately 25 percent of the state uses Birmingham water.

The Mayor angrily dared surrounding municipalities to start their own systems if they didn’t want to purchase water from Birmingham. Apparently intent on taking jabs at every side, he then compared the contentious Water Works Board—whose outrageous salaries and unbridled rate increases have sparked outrage—to children. The Water Works Board voted unanimously on May 26 to increase rates by 6.5 percent, beginning July 1. Controversy has ensued, as the board claims rate increases are necessary because less water is being used. Several years ago, the board wanted to boost rates because too much water was consumed. Future rate increases are projected for January 2006 (8.75 percent) and January 2007 (7.75 percent).

“I think it’s absolutely ridiculous to have two executives making $186,000 . . . Board members who are supposed to be providing public service are being paid for telephone meetings. Or to go and cut a ribbon and be paid. That’s ridiculous!” Kincaid thundered at a press conference following the June 7 City Council meeting. “You might have a sick child, and because you have a sick child, that’s of benefit to a lot of the community, you can’t have outsiders just coming in taking that child. And so you have to discipline the child, if it’s yours, to the extent that you can. The discipline is the tether that the City Council holds with respect to board appointments.” (Kincaid couldn’t resist taking a shot at the Council, either. Referring to the appointment process as “a circus,” he criticized them for not being able to get behind one candidate to put on the board.) The Mayor added, “You don’t go to the Galleria and tell them that you’re going to take over because you don’t like what they are charging. You might negotiate with the owners and try to see if you can get some concessions made on what’s being charged. But you don’t Jesse James the enterprise.”

“Anyone who thinks that they can take the Birmingham Water Works from the control of the city of Birmingham is sadly mistaken if they think they can do it without one heck of a fight,” Kincaid told councilors. “If the Galleria is based in Hoover and the majority of people that come and purchase from the Galleria live outside the city of Hoover, do you think it’s right all of a sudden for the Galleria to be divvied up among the people who shop there? The same thing pertains with the Water Works of the city of Birmingham. It’s ours! If individual entities outside of the city decide that they want water, and they don’t want to get it from Birmingham, they can start their own systems. But when they purchase from us, they do it because we have some of the best water in the country . . . . We are a provider. Individuals who get water from us are consumers. But it gives them no right for management, it give them no right for ownership. It’s ours.” As Kincaid concluded his call-to-arms, Councilor Carole Smitherman practically shouted, “Let’s get ready to rumble! Let’s get it on!”

From his bully pulpit, Kincaid may view himself as simply kicking sand back in the faces of local state legislators who dare to challenge Birmingham’s control of water. But if he’s not able to wrestle the Water Works into submission as a city department, as he tried several years ago, the Mayor may find his constituents choking to death when the suburbs start their own water system. With fewer rate-payers, Birmingham water may eventually become a little too expensive to drink.


City Hall

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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.”

City Hall — Hendricks says no more bullies

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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 — Blake huffs and puffs over smoke detectors

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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. &