The initial order of business this morning: arguments over a citizen-led petition drive that calls for a referendum to allow the people of Birmingham to decide who should own the Water Works assets. It’s unclear if any Council action on the issue is permissible due to Mayor Kincaid’s lawsuit, filed several weeks earlier, to halt a Council vote that returned the assets to the Water Works Board. Councilor Sandra Little says she will support the people’s demand for a referendum to decide asset ownership, adding that she thinks that there are five votes today that would approve allowing the public to vote.Councilor Aldrich Gunn states that the “mere fact that we are sitting here talking about voting on whether or not we vote to transfer the assets is a historical occasion.” Councilor Bill Johnson urges the Council to vote for the referendum today so the vote can be taken during the November 7 election thereby saving the taxpayers the $300,000 that it would cost for a special referendum vote.

Council attorney Michael Choy asks if Judge Hanes, who is currently contemplating a ruling on Kincaid’s lawsuit, can be called to determine if any Council action is legal. Choy explains that if the Council approves the referendum vote, he is sure it will be challenged in court. “That’s gonna cost the taxpayers more money,” he says.

A resolution requesting that Council members submit to voluntary drug testing as “an example of leadership for city employees in an effort to combat drug abuse” prompts a few giggles from councilors. Councilor Don MacDermott, who sponsored the proposal, asks for a one-week delay, which ignites a round of light-hearted jokes. Councilor Lee Loder says that as a new member, he’s had a recent test. Councilor Pat Alexander keeps saying, “I’m ready! I promise you, I’m ready!” Council President William Bell expresses curiosity that “we keep having these nice meetings for some strange reason.” Kincaid requests that “the Mayor be included in [drug tests].”

Councilor Little thanks the Mayor “for a delightful weekend,” to which a chuckling Kincaid suggests that she define her comment. Little is, of course, referring to the previous weekend’s mayor-council retreat at Point Clear near Gulf Shores. A slightly embarrassed Little thanks Kincaid for the “delightful conversation” regarding the Roosevelt City fire station she has been waging war over for the past year. Councilor Alexander thanks Bell for organizing the retreat, admitting that she never gives up hope that the Council and Mayor can one day see eye to eye. Noting that she and Kincaid held hands at one point during the retreat, Alexander tells the Mayor that “I don’t have to like you, and you don’t have to like me. But we got to respect each other. And I think we can do it,” she adds with a smile. Alexander concludes by telling the Mayor that she loves him.

As the Council approves the travel expenses of Raymond Powell, manager for internal audit in the Mayor’s office, for a conflict-management seminar in Biloxi, Mississippi, Councilor Johnson points out that the word “Biloxi” does not have an “e” at the end. The Council votes to correct the spelling.

During the citizen speaking forum held at the end of each Council meeting, former Alabama State Senator Fred Horn addresses the Water Works issue. Horn urges, “I am here to appeal to all of us to stop this buffoonery and put the assets and the Water Works back where it ought to be, as a department of the city. That is our only salvation.” The former senator warns, “Otherwise it will be run by a board that is decided by the state legislature to make the laws.” Horn warns that the state legislature will decide how many people will serve on the board, and who will control the assets. The legislature is waiting until the year after next to decide who will be on the water board, according to Horn. This will be after previously black legislative districts are to be redrawn as ordered by the courts. He again stresses that the only way to control the water system is to make the Water Works a city department.

October 17, 2000

This morning the drama of the weekly City Council meeting spills into the third-floor hallway directly across from the council chambers. A few minutes of threats, possible attempted assault, and a string of obscenities add the perfect touches to the unforgettable freak show. More on the bizarre episode later.A poker-faced Council President Bell introduces new UAB athletic director Herman Frazier as “a man who has been to the mountaintop of athletics. And he understands that in order to achieve great things you have to dream great things.” Councilor Jimmy Blake enthusiastically welcomes Frazier after Bell and confesses, “I personally am very tickled to see somebody who is a track athlete being athletic director at UAB.” Blake notes that he looks forward to seeing the campus “continue to flourish and the social life of students continue to improve.” The councilor also is excited that the school will “continue to move toward being a real athletic power.”

The early morning frivolity ends soon enough. First order of business is controversial Addendum Item 57: Consideration of petition for an ordinance to require a vote of the electorate to sell, transfer, or lease the water and sewer facilities, Water Works and Sewer Board of the City of Birmingham as presented by Probate Judge Michael Bolin for the Council of the City of Birmingham on October 10, 2000, which was submitted by six electors of the City of Birmingham. The six names included in the ordinance are listed for Council record. In question is whether the Council can legally vote on Item 57 since a lawsuit filed by Mayor Kincaid to halt transfer of the assets to the Water Works Board has not yet been ruled on by Circuit Judge Hanes. Mayoral attorney Emory Anthony (a former mayoral candidate) passes out copies of Judge Hanes’ decision that any Council action dealing with the petition and referendum did not violate the status quo.

Charlie Waldrep, attorney for the Birmingham Water Works, addresses the Council to question the legality of the petition signatures. Addressing Choy’s statement to the Birmingham News that the petition is “junk,” Waldrep questions whether or not Choy actually made the comment [Choy appeared on a local talk-radio show the same morning to deny it.] But Waldrep takes the use of “junk” a step further: “Junk has some value. At least it’s scrap or salvage. This [petition] is valueless. This has a negative value because it would be put to an election for an ordinance that clearly, on its face, is invalid.” The Water Works attorney notes that the first petition had 36 percent of the signatures declared invalid and the second petition had 41 percent discarded as invalid. Waldrep adds that petitioners were not required to show identification before signing.

Kincaid reminds Waldrep that voting polls do not require identification to cast a ballot in an election. Waldrep says he obtained copies of the petitions, and after reviewing 95 percent of the signatures, he conservatively estimates that approximately 2000 were illegally counted, including “instances where clearly the signature that appeared on the petition has been signed by one individual on several occasions.” Waldrep admits that he is not a criminal lawyer but points out that Kincaid has a pair of attorneys with “excellent reputations as criminal lawyers” and suggests that “perhaps they could shed some light on what could be applicable to these signatures submitted to the City Council for action.” Waldrep also states that the ordinance is written so that any transaction involving sale of any Water Works equipment [used computers, etc.] would require a vote of the people-a charge the Petitioners Alliance and its attorneys vehemently paint as false
“scare tactics.”

Councilor Blake notes that the citizens’ referendum process was used to “kick Bull Connor and his regime out of office. And this time it’s (being used) to kick a different regime out of office.” Blake asks Waldrep how much his firm makes from performing legal service for the Water Works. Waldrep responds that he would have to check his records. Noting that he has
“great respect for Mr. Choy and generally agrees with most of his opinions,” Blake criticizes what he terms as monopolization of time this morning by those defending the asset transfer to the Water Works Board, especially Waldrep, whom Blake describes as “panicky because he might lose his gravy train.” [Waldrep allegedly collects an annual fee of one million dollars to represent the Water Works.]

Waldrep, who hints at fraud, questions the validity of the petition signatures as he uses an overhead projector to flash some of the signatures on a screen in the council chambers. Councilor Little points out that three of the names on the projected list appear to be in identical handwriting.

In response to Waldrep’s earlier characterization of the petitions as being less than junk, Mayor Kincaid tells Waldrep that it is the “will of the people, and that alone gives it more than just a passing value. It gives it a very deep value.” Kincaid stresses that Probate Judge Michael Bolin had determined that the petitions were legitimate. Kincaid says that certification of sufficiency is not the question at hand today because Judge Bolin appeared in the council chambers last week to verify that the petition met all sufficiency-certification criteria. The Mayor accuses Waldrep of using “scare tactics” regarding citizen approval of easements, rights of way, and the sale of equipment in regard to the Water Works.

Bob Friedman, WJLD radio talk show host and petition organizer [the "Pied Piper," according to Councilor Gunn], addresses the Council. He stresses that his petition does not discourage the sale of the Water Works but, rather, allows the citizens to simply decide if they should be able to vote on who should own the water system assets. Friedman says he knows more about petitions than Charlie Waldrep, and that just because some signatures are invalidated does not mean the people’s convictions driving the petition are invalidated. Gunn jumps in to tell Friedman that he’s not as smart as he thinks he is.

Councilor Little holds up a copy of the petition ordinance, calls it fraudulent, and says that she doesn’t believe that most of the 10 percent of citizens who signed it could understand the petition ordinance, but quickly denies that she thinks the signees are stupid. Little goes after Friedman. “I have lived in the city of Birmingham all my life. Mr. Bob Friedman, a radio DJ that constantly batters the City Council, and to walk around Birmingham coming out of New York or wherever he is [sic], and to lead our people in such a disgraceful campaign to divide and conquer the black vote! Our people, some of us just don’t know what’s happening!” Little concludes her condemnation of Friedman by shouting that “it is not fair to allow people to come in and mess up our minds!” She refuses to support the ordinance, insisting that she is “standing up for those people who didn’t sign it [the petition].” The Council votes down the ordinance six to three, sending the issue to the Election Commission [Kincaid, Council President Bell, and city attorney Tamara Johnson] to finalize plans for a special referendum.

In the hallway following the vote, Charlie Waldrep holds court for the television cameras. Bob Friedman walks up to the gathering to offer an opposing opinion. As WBRC television news reporter Cynthia Gould questions Friedman regarding perceived insults that those who signed the petition could not grasp the ordinance’s concept, Council Attorney Michael Choy suddenly begins screaming at Gould that she “started all this,” calling the reporter a “bitch.” Two men restrain him as he appears to lunge towards the female reporter. Choy breaks away slightly from the men’s grasp, pointing at Gould as he moves toward her, yelling that “you don’t know who you’re fu**ing with.” Again, the out-of- control Council attorney is restrained as he continues his verbal assault on Gould. Choy is finally escorted into the conference room followed by Council President Bell and Council publicist Ken Mullinax. While Choy remains confined to the conference room until he calms down and order can be restored to the City Hall corridor, a speaker in the hallway broadcasts the Council passing a $185-an-hour pay raise for attorney Choy. &

Editor’s note: Choy resigned as City Council attorney after this incident.