Category Archives: Birmingham

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

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

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 Budget Almost a Done Deal

City Budget Almost a Done Deal

July 14, 2005

Five days after the city of Birmingham’s fiscal year 2006 began, the City Council and Mayor Bernard Kincaid have apparently reached an accord on the city’s 2006 budget , which totals $303 million. This year concludes with City Council elections, so politics perhaps dictated the Council’s refusal to give in to Mayor Bernard Kincaid’s proposal to slice $1 million from schools or from designated social services that are financed by the city.Kincaid presented the budget to the Council on May 17, three days before it was due. By the end of June, the administrative and legislative branches of Birmingham government remained at odds. The Mayor and Council had decided to focus on two shared priorities: economic development, and jobs and programs for area youth. Kincaid, however, included a two-percent pay raise for city employees [$3.8 million], with the city eating the five-percent increase in health benefits [$1,440,000]. Councilor Elias Hendricks, chair of the Council’s finance and budget committee, argued that the pay increase was introduced later and “wasn’t one of the tenets on which we built our budget.”

Two days following the recessed June 28 Council meeting, Councilor Roderick Royal criticized the Mayor’s office for not having an updated budget available; the one after the Council had made its proposed changes. “To me, I think it was an effort [by the Mayor] to embarrass us,” he said. Since agreement on the 2006 budget was not finalized by July 1, the 2005 budget remained in place.

The drama in the final days of the 2005 fiscal year took the form of an exchange of memos between the Council and the Mayor’s budget team. In a June 30 memo to Kincaid from Councilor Hendricks, the councilor indicated that the Council had passed a proposal to eliminate 92 currently vacant positions that might be filled later in the year ($3.6 million total).

Kincaid’s budget team responded to the Council’s budget amendments the next day, when the 2006 budget was to go into effect. Their response criticized the Council for elimination of the 92 jobs “permanently,” including 32 public-safety positions at a total cost of $1,360,791. [Elimination of the 92 positions would save $3.6 million.] At the June 28 council meeting, Kincaid had criticized the City Council for adding the $1 million taken from the proposed 2006 budget. “The Board of Education, financially, is in much better shape than it was when the city stepped in in the past and took care of some of these things on an emergency basis that now has been deemed to be entitlements.” The Mayor added that the Board of Education budget “comes pretty close to ours with about half the number of employees.” Kincaid did originally leave $707,000 for student safety, crossing guards, and workforce development.

In the past, the city has depended on “salary surplus” [using money designated for jobs that might come open later in the year but that often do not] to make up for budget shortfalls. “We have moved away from the paradigm of doing shadow financing and relying upon salary surplus,” said Kincaid. Salary surplus was originally forced on the city when a six-percent employee pay raise for city employees was included in a past budget.

High on Councilor Roderick Royal’s list of restored funding included education issues. “I do think that we ought to continue the tutorial and adult literacy and other things, because Alabama trails the other states in terms of literacy,” said Royal.

At the July 5 City Council meeting, Kincaid said the Council’s latest proposal “would really cripple the city.” The Mayor said librarian assistants would lose their jobs, and some branches would be forced to lock their doors early, and that parks and recreation facilities would be closed. The Council again recessed for the second week in a row as Kincaid and councilors retreated from the council chambers to hash out differences to adopt a 2006 budget. A consensus was reached, and the Council will vote on the 2006 budget at the July 12 council meeting. The compromise includes keeping the 92 vacant positions originally targeted by the Council. In exchange, money for schools and other programs are back in the budget, including an immediate $200,000 for housing authority community centers, $270,000 for high school coaches and band director salary supplement, $200,000 for reading programs, and $112,000 for professional development. Kincaid said he would locate $1.3 million for these and other immediate additions to the budget by the time the Council votes July 12. By mid-year another $1.1 million will be identified. “This is a fair compromise, partly because the Council is not asking that all of the funds be found up front,” Kincaid said after the meeting.

In an interview after the majority of the Council found a compromise with Kincaid, Councilor Joel Montgomery, who had commended Kincaid for many of his budget cuts, said, “This is what’s been going on up here at City Hall for the longest time . . . This is salary surplus. It is money that is set aside for unfilled positions that never get filled.” Montgomery added that the City Council had caved in to the Mayor, granting him control of the $3.6 million that the Council should have locked into place so Kincaid could not touch it. “We can’t touch that money now because [the Mayor] recommends [how it's spent]. That is state law . . . He’s the only one who can recommend what to do with that money now.” &

The Scientific Deep End

The Scientific Deep End

By Ed Reynolds

November 03, 2005

The most fascinating lesson garnered from the Einstein exhibit currently at the McWane Center is Albert Einstein’s confession that his imagination played a major role in the “thought experiments” the famed scientist engaged in as he contemplated the mysteries of the universe. “Imagination is more important than knowledge” was his philosophy. Oddly, he never proved his own scientific notions. Einstein merely speculated about time and space, leaving others to prove that he was correct. The most famous of these was Arthur Eddington’s confirmation of Einstein’s speculation that light is bent by gravity. During a 1919 solar eclipse, stars hidden behind the sun were proven to exist because their rays were curved by the sun’s gravity. Only the blotting out of the sun allowed the starlight rays to be seen as they curved around the sun.

The exhibits on display explaining Einstein’s observations are interesting, though somewhat frustrating to the curious lay person when it comes to fully grasping the concepts of one of the greatest scientists in history. Don’t let this discourage you. Simply standing in the presence of handwritten pages by Einstein explaining his 1916 General Theory of Relativity is nothing less than mind-boggling. One wall is covered with a 72-page handwritten manuscript that is the earliest known description of relativity in Einstein’s handwriting, as he did not keep any of the drafts of his 1905 Special Theory of Relativity.

Also on exhibit are the FBI files that addressed Einstein as a security risk. Beginning in 1932, J. Edgar Hoover was determined to prove that Einstein was affiliated with traitors. The scientist had upset some with his support of civil rights. Renowned black opera soprano Marian Anderson was refused a room at a hotel in Princeton, New Jersey, after a concert. Einstein invited her to stay with him, forming a friendship that lasted his entire life. Einstein became an American citizen in 1940, one year after warning President Franklin Roosevelt that defecting German scientists told him the Nazis were working on an atomic bomb. Einstein urged Roosevelt to get America involved in the creation of nuclear weapons. The Manhattan Project began two years later. Interestingly, despite Hoover’s efforts to discredit him, Einstein supported the American war effort by penning a handwritten version of his 1905 Special Theory of Relativity, which was auctioned off to raise $6.5 million in war bonds.

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By the 1950s, however, Einstein had embraced pacifism, calling for the United States to share nuclear technology with the Soviet Union. His denunciation of McCarthyism prompted a letter from House Un-American Activities Committee member John Rankin, who wrote, “It’s about time the American people got wise to Einstein . . . He ought to be prosecuted.” Also on display are letters exchanged with Sigmund Freud regarding human nature and the urge to go to war.

Among the memorabilia is a Birmingham connection. A copy of a letter Einstein wrote to Dr. Robert S. Teague, a UAB professor, is on display. In the correspondence, Einstein sought $1 million to educate Americans on responsible use of atomic power, which Einstein refers to as “the most revolutionary force since prehistoric man’s discovery of fire.” In another letter Einstein refused to accept the presidency of the newly created state of Israel in 1945.

Then there are the letters from children. In 1954, a child wrote in a first-grader’s crude scrawl: “Dear Mr. Einstein, I am a little girl of six. I saw your picture in the paper. I think you ought to have your haircut [sic] so you can look better.”

“Einstein” will be on exhibit at the McWane Center through January 22. For more information, call 714-8300 or visit www.mcwane.org.

Crime on the Increase in Southside

Crime on the Increase in Southside

If you know anyone who lives or works on Southside, then you probably know someone who knows someone who was robbed this year.

 

November 03, 2005

For the past six months, Birmingham’s Five Points South and Lakeview districts have been plagued by a series of armed robberies and muggings. In July, Matt Whitson left the Upside Down Plaza at Pickwick Plaza in Five Points South on a Sunday evening around 11 p.m. As he descended the stairs next to Cosmo’s Pizza on Magnolia Avenue, two black males approached. He assumed they were panhandling. “Being the nice dude that I am, I already had my hand in my pocket to give them money if they asked for it,” Whitson recently recalled. “Instead, one dude pulled out a gun and put it in my stomach, and the two of them forced me back up the stairs.” Whitson handed over his wallet and pocket change. The assailants asked for more, so Whitson offered up his keys, cell phone, and cigarette lighter.

Whitson said that Birmingham police arrived “almost immediately.” However, he later complained in an interview that descriptions of his stolen items were not accurate on the incident report.

On Sunday, June 25, at about 10:50 p.m., Kristie Pickett and a female friend were leaving The Garage, a popular bar located between Highland Avenue and The Nick that as been praised by GQ magazine as one of the “top ten bars in the world worth flying to.” Pickett’s automobile was parked approximately 50 yards down the street from the bar in front of an apartment complex. She had just unlocked the passenger door and was walking around to the driver’s side when the two heard running footsteps behind them. Suddenly, two black males appeared next to her car, one slapping his hand on the vehicle. “One of them said, ‘I’m not going to hurt you,’” said Pickett, who re-locked her car and began to scream to attract the attention of patrons outside The Garage. The tall, thin robber pulled out a pistol and she put her hands in the air. The assailant demanded her purse, which she surrendered, as did her companion. Garage customers came running as the thugs dashed off with the women’s purses.

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Pickett complained that it took between five and 10 minutes for police to arrive [the Southside precinct is three blocks away] and noted that the squad car arrived without emergency lights flashing. The police told Pickett that the reason it took so long is because the 11 p.m. shift had just come on duty.

On August 21, a white male arrived at Bailey’s Pub in Five Points South after parking in front of St. Mary’s Episcopal Church next door. He noticed a white male and white female standing near a bag on the ground, its contents strewn about. He entered Bailey’s at midnight to meet a friend, who did not appear. Less than five minutes later, he left the bar. Suddenly, he felt a gun placed to the back of his head. It was the man he had noticed with the woman minutes earlier in front of the church. The woman stood nearby. The victim guessed that the pair were in their mid- to late 20s. He said Bailey’s employees told him that the woman had been seen panhandling and possibly “hooking” in the area recently. The victim added that the bar’s employees had begun patrolling the area themselves, which they said had resulted in a reduction in muggings in the high-crime area.

Perhaps the most dramatic mugging this past summer was a brazen assault that occurred on July 26, in broad daylight, during peak traffic hours on 20th Street. A white male parked his pickup truck on 14th Avenue South near the entrance of Cobb Lane at 5:30 p.m. As he shut off his engine and placed his keys on the seat, preparing to exit the vehicle, a black male who looked to be in his mid-20s appeared at the driver’s window, asking for directions. The vehicle was locked but the windows were down. When the victim responded that he couldn’t help, a second male appeared at the passenger window, leaned into the truck, and pointed a gun. The victim told the robbers they could have whatever they wanted and offered his wallet to the man with the gun. Meanwhile, the assailant on the driver’s side punched the victim, cutting his face as the other attacker with the gun ran off with the wallet.

At that point, the victim opened his door quickly, slamming it into the remaining robber, then falling onto the ground while exiting the truck. The assailant began kicking the victim repeatedly in the body and face, but the victim somehow grabbed the robber and began punching him, finally managing to restrain him and call the police. He kept the assailant subdued until police arrived.

Six weeks ago, McDaniel Wyatt, a bartender at The Oasis, in the Lakeview District, was closing the bar at 4:45 on a Friday morning with bartender Kelly Pierce and another worker. Pierce was in the restroom when a black male in a ski mask entered the bar through a rear window. The intruder knew where the cash register was (Wyatt assumed the intruder had cased the bar earlier) and pointed a .38-caliber revolver at Wyatt and demanded that he put the register’s cash in a plastic bag. Wyatt then tossed the keys to the assailant, telling him that he was going into the restroom and to take what he wanted. “I had already put most of the money in the safe, so he didn’t get much from the register,” said the bartender. “The guy looked like he hadn’t done too many robberies, and I was scared he was going to shoot himself in the foot.” The incident lasted a little over three minutes, according to Wyatt. Pierce said she stayed in the restroom in order not to scare the man, which might have prompted him to start shooting. Wyatt said it was the first robbery in the five years that he’s been at The Oasis, but added that crime has increased “dramatically” recently. “All the employees here have had their cars broken into in the past year,” he added.

According to Wyatt, the police said Silvertron Cafe, which is not far from Lakeview, was robbed the same night. Silvertron management denied that any incidents have occurred there, however.

Repeated calls to the Birmingham Police Department’s public information officer to confirm events in this story were not returned. &

 

City Hall — Kincaid Dismisses Council “Electioneering”

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September 22, 2005

Kincaid Dismisses Council “Electioneering”

“Who’s on first?” Mayor Bernard Kincaid responded when asked about the Birmingham City Council’s reaction to the demand by taxi drivers that cab rates be increased due to rising gasoline prices. Earlier that morning, the Council had delayed a vote allowing local cab drivers to increase their rates with rising fuel costs. The taxi industry previously presented a petition to the Council’s transportation committee, threatening bankruptcy. Councilor Carol Reynolds, chair of the committee, said the cab industry was essential to the area as a supplement to inadequate public transit. A proposed fuel surcharge of $1 will be waived for senior citizens 60 and over. Also proposed is a 50-cent increase over the current $2.25 for each first quarter-mile, with another nickel for each additional quarter-mile (currently at 40 cents each). One American Cab Company driver who owns his cab told the Council he was spending $150 a week for gasoline. But angry citizens denounced any increase in rates without a public hearing. The Council delayed the vote until the following Tuesday so the public could express concerns at the next meeting. “[Cab drivers] can’t operate according to supply and demand. They can’t raise their rates,” explained Councilor Valerie Abbott, describing the drivers’ plight as “desperate straits.” Only the City Council can adjust taxi rates, which have not been increased since December 2000.

After the meeting, Kincaid said the Council should have been prepared to vote on the issue without resorting to delays for public input, having been aware that the rate increase proposal was on the horizon. “This is clearly an election year,” complained Kincaid. “And I can’t imagine the Council hearing from the public, who is going to decry any increase in the rates. And they’re still being left with having to make a decision about whether or not they will provide the economic relief that the cabs of the systems in the city need.”

Irate over the Council’s campaign grandstanding with an election four weeks away, Kincaid said attaching public hearings to the rate increase doesn’t change the needs of the cab drivers. “You’re not going to have a horde of people coming up saying, ‘I support raising cab rates.’ It’s not going to happen.” The Mayor said that in a “representative democracy,” councilors must realize that tough choices have to be made. “The electioneering that you saw, and the ‘Who’s on first?’ chapter that you just witnessed, doesn’t solve the issue. It’ll be back next week . . . and I guarantee you not one [constituent] will say, ‘I want the rates raised.’ And they’ll [the Council] still be pleased with the fact that we have a taxi cab industry in Birmingham teetering on the brink of collapse . . . So who’s on first?”

 

“I’m riding a bicycle to places right now, because gas is just that high.” —City Councilor Bert Miller, empathizing with cab drivers before postponing a vote to increase cab rates

“While gasoline may be your problem, it’s everybody’s problem,” Councilor Joel Montgomery told a contingent of drivers and officials representing the taxi industry at the meeting. “I think you’re going to have a serious problem with this if something’s not done about gasoline prices in this country, period. I don’t care what industry you’re in. The public’s not going to have the same ability to come before this body and have their salaries raised . . . to offset the expense of taxi cabs.” Montgomery said he had not made up his mind on the increase. Councilor Carole Smitherman expressed concern about drivers asking the elderly for proof of age, while Councilor Reynolds feared the worst if taxis quit running. “If these gentlemen go off the road for one day, with the inadequate transit system you have, it will be chaos,” said Reynolds. “People will not be able to get to work.”

Councilor Bert Miller, however, agreed with Montgomery. “This is your chosen profession, and there are consequences, you know, that we all have to face,” said Miller. “So next week, will we have a thousand folks here asking us to raise their salaries, also?” Miller acknowledged empathy with the cab drivers, commenting, “I’m riding a bicycle to places right now, because gas is just that high.”

City Doles Out $25,000 to be on ESPN 2

 

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The city of Birmingham paid $25,000 to ESPN so cable channel ESPN 2 would televise the September 3 football game between Alabama State and South Carolina State at Legion Field. The telecast was the first of three annual ESPN-affiliated broadcasts from Legion Field featuring schools from traditionally black athletic leagues, the Mid-Eastern Athletic Conference and the Southwestern Athletic Conference, which has headquarters in Birmingham. The game was billed as the MEAC-SWAC Challenge, which South Carolina State won 27-14 before a crowd reported at 18,000.

The Birmingham City Council approved the expenditure at the September 7 Council meeting, delayed from a scheduled previous meeting that had been canceled due to Hurricane Katrina. Afterwards, Kincaid was obviously unhappy that benefits to the city through ESPN advertising were less than satisfactory. Kincaid said before the city forks over $25,000 each of the next two years remaining on the contract, he expects the cable network to comply with certain stipulations. “They’re going to have to advertise on black radio. There wasn’t enough advertising in black media to suit me,” said the Mayor. Kincaid said he informed ESPN officials on game day that “it was unconscionable to come into this market and not advertise on black-owned radio.” Kincaid elaborated, “There are advertisements that went forward on white-owned black-formatted radio . . . I will refuse to honor [contract requirements] unless and until that happens.” &

City Hall — Transit System Threatens Halt

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 — Changing of the Guard

Changing of the Guard

By Ed Reynolds

Outgoing Birmingham City Councilor Elias Hendricks went down swinging November 15 as the Council delayed a resolution backed by Mayor Bernard Kincaid regarding the annual Fall Carnival and Spring Fling fairs held at the Fairgrounds. Hendricks lost a bitter runoff to former Council president and one-time interim mayor William Bell by less than 200 votes several weeks ago. With the possible exception of Joel Montgomery, Hendricks was the councilor most prone to butt heads with Mayor Kincaid. Touting the carnival issue as his “last official act as chairman of the Finance and Budget Committee,” the councilor seemed to relish one final staredown with the mayor’s office.

Mid America Shows, Inc., which manages the two carnivals held at the Fairgrounds each year, is seeking to merge with another midway provider, Mid America Shows Delaware, Inc. The resolution does not affect the terms of the contract with the city and only changes the name on the contract to that of the new vendor. Hendricks, who often complained about difficulties getting information on a timely basis from the Mayor’s office, claimed that requested information on the fairs’ financial status had not been delivered. The councilor said carnivals must be financially viable. “Doing things that you did in the past without any regard to what the financial burden of the subsidy puts on the general public is not the way to go,” said Hendricks.

“The Spring Fling comes closer to breaking even . . . It’s more costly to conduct the fall fair,” Terry Burney of the Mayor’s office told the Council. He agreed with councilors that the Fall Carnival was being subsidized, prompting Kincaid to grow agitated. “[The fair] wasn’t designed to be a big profit-making entity!” said Kincaid. “It provides services for our citizens.” The city’s current contract with Mid America runs through 2007. Carnivals at the state fairgrounds in Five Points West have been poorly attended for years, much to Councilor Carole Smitherman’s dismay. “There are always more police at the fair than people,” noted Smitherman. “So I want to make sure that we actually made some money before we go into another contract with an unknown principle.” Mayor Kincaid again got irritated, replying, “I think it’s a good thing having the police officers there. It allays the fears of people coming [to the fair].”

 

I went from Dreamland Barbecue to the dream job”The meeting ended with departing Council President Lee Loder lavishing praise upon each councilor. “It has been a wonder to serve with you,” Loder said to Councilor Montgomery. To Councilor Gwen Sykes: “You are to be commended for your work and your savvy style.” The pontification had only begun. For the next 45 minutes councilors saluted one another ad nauseam. Councilor Smitherman said she has been thrilled to sit next to Elias Hendricks on the council dais due to his gentlemanly manners, including pulling out her chair whenever she sat down. “If he had some mints, he’d offer me one,” Smitherman explained. “We just had a bond between us.” Departing Councilor Bert Miller, who has never wasted an opportunity to grandstand, embraced his last hurrah.

“I went from Dreamland [Barbecue, where he waited tables] to the dream job,” said Miller, who decided against seeking re-election after controversy arose regarding $25,000 he secured for a concert that never happened. Miller, who filed for bankruptcy approximately one year ago, readily admitted he was somewhat lazy on the job. “I can admit I didn’t read a lot of stuff,” said Miller.

“Didn’t care about all the meetings. But I did care about the people of Birmingham.” The councilor added that he will be writing a book called My Time at the Hall.The pre-inaugural party the night before the new City Council was sworn in was sparsely attended. Among the highlights were the ice sculpture molded after the official Birmingham city seal and the name of one of the evening’s scheduled performers: Epiphany Cherry. Birmingham-Southern Chancellor Dr. Neal Berte gave the featured speech, admonishing councilors to work in cooperation. Mayor Kincaid and his former nemesis, newly elected Councilor William Bell, embraced, eliciting a roar from those in attendance. The next morning, a woman snuck a cowbell into the Council chambers, which she rang with gusto as William Bell was sworn in. Half an hour later, the new City Council convened to elect a council president.

Carole Smitherman won unopposed [it was speculated that Bell would challenge her]. Freshman Councilor Miriam Witherspoon was elected president pro tem over Valerie Abbott, who voted for Witherspoon because she could “see the handwriting on the wall” as councilors’ votes sided with Witherspoon. Perhaps Abbott was atoning for her near-unpardonable sin four years ago when she and Joel Montgomery supported Gwen Sykes for Council president. Carole Smitherman immediately made a power grab: she combined the Finance and Budget, and Administration committees into one committee, then appointed herself to chair the new committee. Later that morning during the Council meeting, Smitherman pledged her loyalty to the Mayor, a pledge she’ll no doubt break in two years when she challenges Kincaid in the mayoral election as she did two years ago.

Dr. Lawson Has Left the Building

Dr. Lawson Has Left the Building

His office never had a computer, and his patients were treated in chairs placed in the upright position. After 52 years as a dentist on Southside, Dr. William Lawson retires.

July 14, 2005Fifteen years ago I made my initial visit to the dentist office of Dr. William Lawson. I recall the very first words he spoke to me (while he tugged at a root stubbornly lodged in my novocaine-numbed mouth), “You ever tried to pull a nail out of a 2 x 4 with a pair of pliers, and it just won’t come out?” After practicing dentistry on Birmingham’s Southside, Dr. Lawson has decided it’s time to put away the dental tools he deftly wielded, with deadpan humor, for 52 years.

Dr. Lawson sported a red clown nose when he greeted me on a recent morning as he cleaned out his office. He pointed to a painting of Robert E. Lee on one wall, one of several depictions of Confederate generals that adorn the waiting room. (One has a cut-out photograph of Lawson’s head superimposed alongside the officers.) “That’s not a good picture of Lee, too stylized,” he said. “Lee wasn’t a Joan of Arc character, and that’s how they’ve got him portrayed.”

Despite being on the ethics board of the American Dental Association for two decades and past president of the Alabama Dental Association, Dr. Lawson was an anachronism, a throwback to an era when relations between a dentist and his clients were closer. “A successful practice is knowing the people and having a successful relationship with the patient,” Lawson explained. He’s perhaps proudest of the third generation of patients that stayed with him as they entered adulthood. His office never had a computer, and he worked on patients in chairs in the upright position, as opposed to the modern procedure in which patients recline.

He reflected on changes in the dental world during his half-century of practice. “Back in the late ’50s, early ’60s, there was no dental insurance. A dentist competed with television payments,” he recalled. “People’s teeth are in much better condition now with insurance. There are fewer and fewer people over 65 wearing dentures.” The intimidating drills used to bore out cavities are now high-tech, air-turbo devices with diamond drill bits that whirl at 100,000 rpms as opposed to the earlier contraptions operated by pulley systems attached to a motor that peaked at 4,500 rpms. “Those old drills got hot pretty quick,” he laughed. The drill upgrade took away a favorite trick Lawson employed to distract children as he worked. The dentist would attach a piece of red cotton behind a piece of white cotton to the drill’s pulley cable. He instructed the kids to “watch the fox chase the rabbit,” as the cotton pieces chased each other along the cable.

Dr. Lawson also used other methods to put patients at ease. The walls of the examination rooms were lined with huge murals of soothing Caribbean beach scenes or mammoth photos of the earth taken by an astronaut during a moon landing. He and daughter Barbara, who worked for him for 25 years, recalled a routine the two developed when taking X-rays. Dr. Lawson would take the wooden block that held the film from a patient’s mouth and, without turning away from the patient, toss it over his shoulder to Barbara, who was standing in the hall to catch it.

Sometimes his entertainment was unintended. He used to perform magic tricks while working, pretending to pull coins from children’s ears, then doing the same trick with the tooth he’d just extracted before the child realized the tooth had been pulled. “One time this lady was in the dental chair—she knew about his magic tricks and stuff,” his daughter Becky remembered. “Dad felt a little weight in the sleeve of his lab coat, and the next thing you know, he’s pulling a bra from his sleeve that had gotten stuck inside his coat from static electricity when my mom had done laundry.” The woman in the exam chair grabbed her chest and said, ‘My you’re good!’”

A baby blue jay that Dr. Lawson found outside the office was adopted by the Lawson family. “Melvin” stayed at the dental office during the day. “We kept him in the lab,” laughed daughter Betty. “If little kids came in, Dad would bring Melvin in for the kids to see. Melvin was really attached to Dad. The door to the lab was occasionally left open, and Melvin would fly into the room where Dad was working on a patient, and Melvin would land on his hand just as he was about to stick it in a patient’s mouth.”

His children told of his wicked sense of humor. “He’d be working on us on weekends when it didn’t interfere with his making a living,” Lawson’s son, local radio personality Dollar Bill Lawson, remembered. “He’d put us in the chair and chant, ‘I’m gonna get me a bucket of blood, I’m gonna get me a bucket of blood.’” The younger Lawson also recalled the acrylic imitation pink gum with tiny red fake capillaries used with dentures. “My dad would fix everything with that pink plastic. He’d fix the refrigerator door, anything. Even fixed my glasses. I’d have to go to school with this fake pink, human gum-looking stuff holding my glasses together.”

Friends would bring fish they had caught to the office and ask the dentist to install human teeth, complete with gums. He once fitted a bass with tiger fangs, which was proudly displayed at the famous Ollie’s Bar-B-Q restaurant located on Greensprings Highway.

Dr. Lawson even worked on himself on one occasion. He was due to leave town for a convention when a filling came out the night before. His daughter Barbara held one mirror, while he held the other. Injecting himself with novocaine, he drilled on the tooth and installed a plastic filling. “It’s very difficult to do,” he admitted.

“I think he really just wanted to see if it was possible,” said Barbara. “He doesn’t really like dentists in his mouth, anyway.” &