City council discusses water works board legislation

by

The future of Birmingham Water Works came into question again at the July 19 Birmingham city council meeting. During the meeting, the council approved a contract to hire legal counsel from Sirote & Permutt to the City of Birmingham and City Council in a lawsuit challenging the legality of Act 164/276.

The act, approved by state legislature in April, allows for an increase in the number of seats on the Birmingham Water Works Board to include more representation from the mayor and outside municipalities, effectively lessening the city’s control. The bill would increase the board from five to nine members, and three of the new members would reside outside of Birmingham and represent Jefferson County, Shelby County and Blount County.

“Leadership you can share, but power you can’t, and our power has been diminished tremendously,” said Council President Pro Tempore Steven Hoyt in regards to the additional board positions. “At the end of the day it’s about greed and we’ve seen what greed can do.”

In addition to the increase in board members, the law sets limits on terms for board members, caps their compensation, requires notice and public hearings before rate increases and subjects the board to the Alabama Open Meetings Act.

The Water Works board is suing the City of Birmingham, Mayor William Bell, Birmingham Council, Blount County and Shelby County in attempt to stop the state law from taking effect. The bill was originally pushed forward by State Sen. Jabo Waggoner, R-Vestavia Hills. The city council supports keeping board appointments controlled by the city, as they are now, and could potentially join the board as a plaintiff rather than a defendant in the case.

Birmingham Water Works started out as a department of the City of Birmingham. In 2011, it was sold to an independent board headed by Jackie Robinson with Mac Underwood as the general manager.

“Every citizen needs to be concerned about it,” Councilwoman Lashunda Scales said. “If we don’t fight to get back what we once owned, or at least the representation of who’s on that board, then when will we?”

The council approved an amendment to the original item that would hire Sirote & Permutt legal counsel at a rate of $250 per hour, not to exceed $125,000. The new contract hires Sirote & Permutt at the same rate, but for a maximum payment of $25,000 over a two year period, unless approval for further funding is given by the council later.

In addition to the action about the contract, the council voted to refer the amending of the capital fund budget to a committee of the whole meeting scheduled for July 27. The amendment from the mayor’s office would allocate $3 million for the opening of a new fire station in Kingston. Its current facilities were closed in May due to “occupational hazards.” At least 20 community members attended the council meeting to speak in favor of a new Fire Station #8 in Kingston. While Councilor William Parker, who represents Kingston’s district, pushed for the ordinance to pass, other councilors argued against the fairness of the expense when considering the number of Birmingham fire stations also in need of help.

The council also approved the following:

  • Road resurfacing on Clairmont Avenue from Essex to Rockford Road.
  • Road resurfacing on Five Mile Road, Lakeshore Parkway, Lomb Ave, Georgia Road, 1st Ave North.
  • A renewal of city funding for the annual Alabama High School Athletics Association (AHSAA) Wrestling Duel event at the Birmingham CrossPlex for three years from 2017-2019. The funding will be $12,000 per year, plus up to $2,500 a year in hospitality for coaches and officials. It will also include lodging accommodation for AHSAA staff in the form of eight rooms for two nights at current room rates.  
  • $1,585.80 to be spent on four “No Dumping” signs, four U channel posts and two round steel trash cans to be placed on public property in the Rising West Princeton neighborhood.
  • $2,500 to be spent on Solar address signs for residents of the Maple Grove neighborhood so the Fire Department can easily identity households and access residents.
  • $500 to be spent on goods and services for Five Points West Library’s senior and youth services for the summer.
  • $350 to be spent on the hiring of Larry Hayes disk jockey services for the “Get to Know Your Neighbor Day,” to be held on September 10 at Cooper Green Park in the Mason City neighborhood.
  • $314 to be spent on transportation for children in the Bush Hills neighborhood to go on a field trip to 5 Points West Community Holiday Parade Event on December 3.
  • $100 to assist Killough Springs Neighborhood Association with the purchasing of a calling post to be used to alert neighbors of neighborhood business.
  • $2,000 to be spent on the installation of a neighborhood entrance sign for the Tuxedo neighborhood.
  • A public hearing to be held Aug. 30 in the interest of vacating 32,622 square feet between 28th Street SW and Wilson Road SW and John Bryan Road SW and Lindbergh Street so that Marathon Petroleum Company LP can consolidate their property into one contiguous lot.
  • The expense account for Bacarra Mauldin, Administrative Assistant, Office of the Mayor for $177 to attend the AmeriCorps VISTA Grant Administrators

The council did not approve the following expense accounts:

  • Bacarra Mauldin, Administrative Assistant, Office of the Mayor, $4,372 to attend What Works Cities Summit: Transforming Data into Action
  • William Parker, Councilor, $1,148.12 to attend United National Educational Scientific and Cultural Organization
  • William Parker, Councilor, $1,995.29 to attend Department of Interior Environmental Protection Act Meetings
  • William Parker, Councilor, $874.72 to attend United Nations Educational, Scientific and Cultural Organization
  • Alicia Brown, Social Media Manager, Office of the Mayor, $2,538.36 to present Behind the Ballot Exhibit/Democratic National Convention
  • Tanilya Jackson, Project Manager, Office of the Mayor, $952.56 to present Behind the Ballot Exhibit/Democratic National Convention
  • Jennifer Kennedy, Communication Officer, Office of the Mayor, $952.56 to present Behind the Ballot Exhibit/Democratic National Convention
  • April Odom, Director of Communication, Office of the Mayor, $3,712.76 to present Behind the Ballot Exhibit/Democratic National Convention
  • Jarvis Patton, Chief of Operations, Office of the Mayor, $4,172.64 to present Behind the Ballot Exhibit/Democratic National Convention
  • Terrie Burrell, Grant Administrator, Office of the Mayor, $1,085.20 to attend National League of Cities Leadership Academy
  • William Parker, Councilor, $2,474.98 to attend EPA/Department of Interior Meetings

Councilor Kim Rafferty of District 2 closed out the meeting by announcing that the planning and zoning committee is accepting resumes for design and review committee appointments in the following fields through July 31: architecture, landscape architecture, civil engineering, commercial real estate development, urban planning and member of buildings trade. Applicants must have professional work experience in one of the fields and either live in or have a business in Birmingham. Those interested should contact Chris Hatcher at 254-2479.