Tag Archives: Politics

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 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.


Downtown Blight May Be Renovated

Downtown Blight May Be Renovated

June 16, 2005

A downtown eyesore that has frayed relations between the city and developer George Barber might finally be resolved. At the June 6 meeting of the City Council’s finance and budget committee, Susan Matlock, executive director of UAB’s Office for the Advancement of Developing Industries [OADI] technology center and president of the Birmingham Entrepreneurial Center, presented plans to city officials. Under the proposal, the two entities would move to the long-abandoned Sears Building on First Avenue North. Barber Properties has reached an agreement to sell the property for $3.05 million, with the city and the Entrepreneurial Center splitting the cost evenly. The city has budgeted $1 million to the Entrepreneurial Center in the past five years. Matlock told city officials that consolidation of the two business incubators under one roof would increase efficiency. She added that the combined incubators would also be of benefit because as residential development continues to sprout in the downtown sector, new businesses will be attracted to the area. Up to 65 companies could potentially operate from the site.

The Entrepreneurial Center, located in the 100 block of 12th Street North, is sponsored by the city of Birmingham, Jefferson County, and private business. Both the Entrepreneurial Center and OADI, which is currently located in the Oxmoor Valley area, would relocate to the Sears property, which will require another $12 million for renovations. The OADI is a high-tech business incubator affiliated with UAB. The Entrepreneurial Center nurtures information technology and service for the light manufacturing industry.

Controversy between George Barber, owner of Barber Properties, and Birmingham Mayor Bernard Kincaid over the dilapidated Sears structure deprived the city of a chance to host to one of the top motorcycle races in the world. A year ago, Barber asked the city to commit $250,000 annually for three years to bring the North American Grand Prix to the Barber Motorsports Park. The race is part of the MotoGP, a worldwide motorcycle racing series that is the equivalent of the Formula One racing circuit for automobiles. In exchange, Kincaid asked for control of the Sears property, but Barber would not comply, arguing that the economic impact to the city should be a sufficient swap. Famed Laguna Seca Raceway in Monterey, California, got the Grand Prix instead.

At the meeting, Councilor Carole Smitherman remained skeptical, noting the large expenditure and past problems with Barber as she questioned if the proposal was the best use of the building. “You’re going to have to convince me that this is the best thing to do,” Smitherman said. “We’ve lost money with Mr. Barber because the Mayor demanded that he fix up the blight problem. So we didn’t get a chance to bid on the motorcycle races. So that’s lost revenue.” &


City Hall — Homeless Plight and Blight

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June 02, 2005

With Birmingham City Council elections only five months away, Councilor Elias Hendricks is feeling the heat from downtown and Five Points South merchants who want the city to do something about the urine, excrement, and sleeping bodies discovered on business doorsteps each morning. It’s been 18 months since Hendricks first proposed an ordinance that would crack down on such trespassing. But he “resents” Mayor Bernard Kincaid’s referencing the ordinance as “criminalization” of the homeless. “This is about trespassing and about definitions of trespassing, and how those definitions have to change as we become a more urban environment with people living (downtown),” Hendricks told the Mayor. “It’s not denying anybody access to shelters, and it’s not against the homeless. It’s against a behavior, no matter who’s exhibiting this behavior.”

At his May 24 press conference following the weekly City Council meeting, Mayor Kincaid addressed the issue. “I think there’s a duty to protect the businesspeople and the residents who live downtown, to be sure. But there’s also a duty to provide adequately for that genre of citizens [the homeless]. So we haven’t done all we could do. And the councilor that is presenting this ordinance is the councilor that was most vehement in his opposition to the [abandoned[ Parisian warehouse becoming the place that would house (the homeless). We could have additional housing facilities, we could have counseling facilities, we have job opportunities, all in that property that’s lying fallow sitting over there on 26th Street . . . But NIMBY is alive and well—Not In My Back Yard—and that’s what we get everywhere,” explained Kincaid. “Trespassing is a criminal act. You can’t take a criminal statute and attach this doorway portion to it and pretend it’s not criminal in its scope and nature. Criminal penalties don’t provide for civil remedies.” The Mayor also had a startling suggestion. Referencing Councilor Carole Smitherman’s solution to a vagrancy problem by erecting a fence around the entrance to her downtown law office, Kincaid said, “[Councilor Smitherman] talked about putting up a gate, and when the business is closed, the gate was closed. And the sleeping in her vestibule stopped. Maybe we as a city can make resources available to business owners as a stop-gap measure, to be sure, that will help abate the problem while we search for a permanent solution.”

“That just seems like a gigantic waste of money to build fences for private residences and businesses,” said Jeff Tenner, owner of Soca Clothing in Five Points South, in an interview the day after the Council delayed the ordinance. “If somebody wants to build a fence, they should build a fence themselves. But a much simpler (solution) is to pass this ordinance, which is not really a new law at all. It just defines a certain area to make sure that it’s specific to trespassing.”

 

“This is just a simple common-sense tool that says you cannot do things on my property that I don’t want you to do.” —Five Points South business owner Jeff Tenner

Tenner had addressed the Council during the Tuesday meeting. “Things need to happen simultaneously. We need to do what we can to get more shelter beds and to be able to help the people that need the help,” said Tenner. “But at the same time, we need to recognize that it’s an economic issue and that if we cannot give the police the tools needed to deal with those certain members of society who are breaking the laws, that it will affect the tax base . . . This is just a simple common-sense tool that says you cannot do things on my property that I don’t want you to do.”

Barbara Dawson, business manager of Chez Fon Fon in Five Points South, read a statement from Frank Stitt, owner of Highlands Bar and Grill, Bottega, and Chez Fon Fon. Stitt noted that he is “saddened and disturbed by the decline of the Five Points District.” The restauranteur complained of loitering and “very conspicuous drug deals” made in the Five Points South area. Stitt commented that homeless persons sleeping in doorways are also more commonplace now. “Consequently, the daily observance of men and women urinating and defecating on the walls of buildings and in potted plants and alcoves is increasing as well,” he wrote. Stitt added that he had witnessed panhandlers harassing visitors and the “unsolicited rantings of a person or persons gathered around the fountain.”

Michelle Farley, executive director of Metropolitan Birmingham Services for the Homeless, was on the original task force that crafted the ordinance, which Hendricks previously delayed so concerns for the homeless could be addressed. “There was work being done on solving the problem rather than putting a Band-Aid on the problem,” said Farley. She explained that Birmingham has a chronic homelessness rate (those homeless for a year or more) of 29 percent as opposed to a national average of 20 percent. While she sympathizes with businesses that deal with excrement and loiterers in doorways, Farley said there is another aspect worth considering. “When people are asked to move along, they don’t really have a place to move along to,” she explained.

City Attorney Tamara Johnson said the challenge for the law department is “to try to fashion a penalty that will allow some kind of punishment for these individuals who are breaking a law that the Council will enact but, at the same time, have some kind of humanity in it.” Johnson added that penalties for loitering in doorways “really depended on the moral compass of the Council in terms of what they actually want in the ordinance.” At the suggestion of the law department, the ordinance will be rewritten to address such items as a lack of specific definitions for “plazas and common areas,” and to make enforcement of the law city-wide. =-

“It was poorly written,” Kincaid said of the ordinance. “No one in the law department takes authorship of this document, and it’s wrought with problems, as I see it, just from a legal standpoint: the absence of definitions, the applicability of one part of it to one part of town and not to the other.” &

Former President Bush Addresses Business Leaders

Former President Bush Addresses Business Leaders

By Ed Reynolds

Flanked by a pair of giant video screens and an enormous American flag, former President George Bush addressed the Business Council of Alabama’s annual Chairman’s Dinner October 18 at the Richard M. Scrushy Conference Center. Security was tight but not suffocating. At 6:55 p.m., a voice requested that everyone in the corridor enter the conference room because “the doors will be secured in five minutes.”

As Foxxy Fatts and his four-piece jazz combo effortlessly lounged through a breezy version of “The Battle Hymn of the Republic,” an audience of approximately 1,600, including politicians, lobbyists, and corporate executives, clutched cocktail glasses and bottles of beer as they meandered into the huge banquet area. The sudden entrance of Bush diverted conversation to the front of the room as the band smoothly shifted to a saxophone-heavy version of “Hail to the Chief.”

Attendees ($100 a head, $5,000 per corporate table) sipped wine and poked at tangerine salads. Suddenly, all conversation stopped and the room grew dark as the video screens flashed identical images of airliners flying into the World Trade Center towers. Lee Greenwood’s “I’m Proud to be an American” provided the soundtrack as images of firefighters picking through rubble drew tears from many in attendance.

Governor Don Seigleman and two of his top challengers for the state’s number one elected position, Representative Bob Riley and Lieutenant Governor Steve Windom, were introduced, along with other Alabama congressmen. Riley easily got the biggest round of applause. Senator Jeff Sessions then introduced Bush, recounting the ex-president’s heroic World War II exploits and praising him for “fixing the CIA.”

Lauding Alabama as a “Bush-friendly state,” the 77-year-old former president was surprisingly adept at humor, delivering one-liners effortlessly as he impersonated comedian Dana Carvey, whom he noted was the “one guy that misses me in Washington.” Admitting that he doesn’t yearn for presidential press conferences, Bush bragged that the Florida recount drove him to join “press-haters anonymous.”

Bush addressed the World Trade Center attack, comparing the current war on terrorism with the military effort that removed Saddam Hussein from Kuwait. He acknowledged that the enemy was obvious during his term, and that public opinion regarding our involvement was more divided at the time. Joking that it was “unfair” that Hussein still had a job and he didn’t, Bush defended his controversial decision not to kill the Iraqi president because it would have made Hussein a martyr. He added that if American forces had killed retreating Iraqi troops as some had urged, it would have been immoral. Bush praised America’s intelligence network as “the best in the world,” emphasizing that they must not be forced to fight “with one hand tied behind their back.”

Recounting a visit to San Francisco as a “real character-builder,” the former president told of a woman that he described as in need of a bath jumping in his face and screaming, “Stay out of my womb!” With perfect timing, Bush replied, “No problem, no problem,” as the audience erupted in laughter. He then acknowledged that his two biggest regrets while president were “throwing up on the prime minister of Japan and saying, ‘Read my lips.’”

Bush concluded on a sentimental note as he acknowledged how proud he and Barbara are to have sons in positions of great power and influence. His voice shaking with emotion, the former president choked back tears, softly concluding, “We’re the luckiest parents in the whole world. Thank you very much.”

City Hall — Blake huffs and puffs over smoke detectors

City Hall

October 9, 2001Blake huffs and puffs over smoke detectors

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

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

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

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

 

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

Deplorable roadways paved with years of neglect

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

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

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