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. &