From Staff Reports
BIRMINGHAM, Ala.-  On Tuesday, eight people, five children and two adults were hospitalized and one woman was pronounced dead in a gas explosion in Gate City. The coroner has identified the woman as 40 year old, Tyrennis Mabry.
Her body was found in the rubble of the apartment building near her fiance, Daryle Brown. He was transported to UAB Hospital and remains in critical condition.
Residents reported hearing a large explosion around 2am on Tuesday morning. The explosion sparked a fire that took firefighters over two hours to deter. The Fire Department reported the cause of the explosion to be a faulty natural gas line and will be further investigated by Alagasco.
Alagasco has released the following statement in response:
“We located and turned off natural gas service to the area involved. Our first priority is the safety of our customers, the public and our employees. We are gathering the facts and as soon as more details become available, we will share that information.”
The fire took place in the Marks Village public housing complex, managed by the Housing Authority of the Birmingham District. Naomi Truman, Executive Director for the Housing Authority expressed her sympathy saying, “We are deeply saddened by the situation at hand and we will do all that we can to ensure that these residents find a sense of comfort in this time of disaster. Our sincerest condolences go out to the Mabry family for their loss and we will continue to pray for all of those who were affected.”
The American Red Cross along with the Salvation Army, were on site to provide snacks, water, coffee, and a cooked meal for the responders and those affected by the explosion. 42 people were relocated to local hotels and the Housing Authority relocated 4 families that had to evacuate to other units within the housing community that day.
Mayor William Bell was at the scene extending prayers to the victim’s families. The Birmingham Water Works was also on the scene ensuring that residents could have clean running water. The surviving victims had varying degrees of injuries and burns, none were life-threatening.
The official cause of the Gate City explosion has not yet been determined. Birmingham fire chief Ivor Brooks said  Tuesday the explosion loosened the connection to the gas meters outside the building, causing natural gas to flow freely and feed the fire for more than two hours.
On Wednesday afternoon, the National Transportation Safety Board, which is leading the investigation, held a press conference concerning the explosion in the public housing complex.

OPERATION FEED BIRMINGHAM and The CITY of BIRMINGHAM will host a very special Christmas event for children at Boutwell Auditorium, Monday, December 23rd.  Doors will open at 5:30p.m. and the party begins at 6p.m.
Operation Feed Birmingham Founder, Paula Evans and Comedian, Clinton Catlin – with cooperation from The City of Birmingham, welcome the children of the City to visit and take photos with Santa, receive a toy for Christmas, enjoy refreshments, and play games while Live Music brightens this festive evening of fun, fun, fun!!

To donate or learn ways to volunteer, visit FEEDBIRMINGHAM.COM or phone 205-259-8011.

Girls Inc. of Central Alabama was presented with the 2013 Girls Inc. Affiliate of the Year Award, as well as recognition as an Honor Roll Affiliate for the second year in a row, at the Girls Incorporated Region IV Conference.  Region IV includes over 20 local chapters in the Southeastern United States.

During the Birmingham City Council Meeting held Tuesday, December 17, 2013, Council: 

Approved an Ordinance amending Title 12, Chapter 14 of the General City Code 1980 to add a new chapter to establish regulations for mobile food vehicles and pushcarts in the City of Birmingham, Alabama. For more information, contact the office of Councilor Steven Hoyt at 254.2304. 

Other items approved by the Council at today’s meeting include the following:

1. Approved an Ordinance amending Title Two “Zone Districts,” Article II “Commercial Classifications,” Section 1, Subsection 2.21, Section 3, Subsection 2.38; Article III “Industrial Classifications,” Section 2, Subsection 2.21, and Title III “Miscellaneous,” Article VI “Supplementary Regulations and Modifications,” by adding Section 21 “Payday Loans (Deferred Presentment) and Title Loans” to the City of Birmingham’s Zoning Ordinance (Ordinance No. 90-130 as amended), filed by the Zoning Advisory Committee of the Birmingham Planning Commission, in order to regulate these types of businesses within the City of Birmingham. For more information, contact the office of Councilor Jay Roberson at 254.2418.

2. Placed on consent a Resolution relative to the application of Yarbrough Festival Foodservice, Inc. for a Special Events License 140 to be used at BBVA Compass Bowl Street Festival, January 3, 2014 on Magnolia Avenue and 20th Street. For more information, contact the office of Councilor Steven Hoyt at 254.2304.

3. Appointed L’Tryce Slade and Michael Morris to the Birmingham Planning Commission.

4. Re-appointed Kevin Owens to the Birmingham Parking Authority.

5. Approved an Ordinance authorizing the issuance, execution, sale and delivery of $4,225,000.00 principal amount General Obligation Refunding Warrant of the City of Birmingham, Alabama, and the payment thereof.

6. Placed on consent an Ordinance authorizing the Mayor to execute an Agreement for Project Closeout, Termination of Leases and Transfer of Assets among the City of Birmingham, The Public Park and Recreation Board of the City of Birmingham and McWane Science Center under which The Public Park Board, the City and McWane Science Center agree to terminate:

(1) a Master Lease dated September 8, 1995, under which the City leased property located between 18th Street and 19th Streets North and 2nd Avenue and 3rd Avenues North to The Public Park Board;

(2) a 1995 Sublease Agreement, under which The Public Park Board leased the property to McWane Science Center; and (3) a 1997 Sublease between The Public Park Board and McWane Science Center; and The Public Park Board and the City will transfer title to the property, equipment and fixtures to the McWane Science Center. For more information, contact the office of Councilor Marcus Lundy, Jr. at 254.2302.

7. Approved a Resolution authorizing the Mayor to execute a Project Agreement with Lewis Communications, Inc. under which Lewis will establish within the City a facility located at 2030 1st Avenue North in which it will employ initially not less than fifty (50) employees to provide advertising, communications, publishing and related services for the business community and the City will provide financial incentives totaling $375,000.00 to Lewis in support of the project, payable in five annual payments of $75,000.00 each. For more information, contact the office of Councilor Marcus Lundy, Jr. at 254.2302.

8. Set a public hearing January 28, 2014 to consider the adoption of an Ordinance “to amend the zoning district map of the city of Birmingham” (Case No. ZAC2013-00019) to change zone district boundaries from R-3 Single Family District to R-5 Multiple Dwelling District, filed by Mike Mouron of Capstone Real Estate Investment, owner, for property located at 4447 Montevallo Road, and situated in the SE¼ of Section 27, Township 17 South, Range 2 West., Birmingham.

9. Set a public hearing January 28, 2014 to consider the adoption of an Ordinance “to amend the zoning district map of the city of Birmingham” (Case No. ZAC2013-00023) to change zone district boundaries from B-6 Health and Institutional District to R-6 Multiple Dwelling District, filed by David G. Ellis of Arlington Properties, Inc., representing the owner, Baptist Health Systems, Inc., for property located at 801 Montclair Road, and situated in the NE¼ of Section 33, Township 17 South, Range 2 West, Birmingham. 

Announcements and Reminders:

1. The Public Improvement Committee scheduled to meet on Tuesday, December 17, 2013, 4:00 p.m., is CANCELED.

2. Councilor Marcus Lundy, Jr. will host a second District 9 Affordable Care Act Town Hall Meeting on today, December 17, 2013, 5:30 p.m. – 7:00 p.m., North Birmingham Library Meeting Room, 2501 31st Avenue North, 35207. For more information, call the office of Councilor Marcus Lundy, Jr., at 254.2302.

3. The Parks Recreation and Cultural Arts Committee Meeting scheduled on Wednesday, December 18, 2013, 12:30 p.m., is canceled.

4. A Special Called Committee of the Whole Meeting is scheduled on Wednesday, December 18, 2013, 4:00 p.m., in Conference Rooms “D&E.”

5. Councilor William Parker will host the District 4 Holiday Festival on Thursday, December 19, 2013, at the Shields Conference Center at W.C. Patton Park, 3969 14th Avenue South, 35234. For more information, call 254.2464.

6. Members of the Birmingham City Council will volunteer in the community on Saturday, December 21, 2013, 12:45 p.m. – 1:45 p.m., at the Community Kitchens of Birmingham, located at Grace Episcopal Church in Woodlawn. Grace Episcopal Church is located at 5712 1st Avenue North, Birmingham, AL 35212.

7. The Budget and Finance Committee is scheduled to meet on Monday, December 23, 2013, 4:00 p.m., Conference Rooms D & E.

8. In observance of the Christmas Holiday, Birmingham City Hall is closed on Tuesday, December 24, 2013 and Wednesday, December 25, 2013.

9. In observance of the New Year’s Holiday, Birmingham City Hall is closed on Wednesday, January 1, 2013.

Are you unable to attend the Birmingham City Council meetings? Watch Council Meetings on demand. From anywhere in the world you can log on to www.birminghamalcitycouncil.org and click on the tab Watch Council Meetings; or from the comfort of your home, tune to Bright House Cable Channel 244. The Birmingham City Council meetings are free and on demand. 
 The City of Birmingham will make reasonable accommodations to ensure that people with disabilities have equal opportunity to enjoy all city services, programs and activities. If accommodations are required for public meetings, please contact John Long, Senior Public Information Officer, with reasonable advance notice by emailing John.Long@birminghamal.gov, or by calling 205-254-2036.

Birmingham City Council Passes New Food Truck Ordinance

BIRMINGHAM, Ala. – The Birmingham City Council on Tuesday passed a new food truck ordinance, establishing new regulations by which the different types of mobile food service businesses can operate.
The new ordinance creates food zones, establishes operating restrictions from brick-and-mortar restaurants, sets operating hours and addresses parking at the city’s right-of-ways.
“The ordinance that we passed today addresses the concerns of both the brick-and-mortar industry as well as the food truck industry,” said Council President Johnathan Austin.
“Ultimately, the citizens of Birmingham will have many options for dining.”
The license fees for mobile vendors were set at the Tuesday, November 5 city council meeting. Food trucks, pushcarts, ice cream trucks, lunch wagons will be required, under the expanded business code, to pay fees based on the annual revenues they report.

BIRMINGHAM, Ala. – The Birmingham City Council on Tuesday approved new zoning rules for payday and title lending businesses operating within the city limits. The new regulations require at least 2,000 feet between existing and new operators.
The new zoning rules are in response to the issue of “clustering” of these types of businesses.
“Today’s resolution was good for the citizens of Birmingham as well as the business community whose desire is to relocate into a progressive market without the inundation of predatory lending agencies,” said Councilwoman Lashunda Scales, who brought forth the original ordinance.
“By the Council’s passage of today’s zoning restrictions, we can reduce the number of payday and title pawn businesses in neighborhoods that are in dire need of community and economic development infrastructure,” Scales said.
A moratorium restricting the issuance of new licenses to businesses categorized as “payday loan and title lending” was passed last Tuesday. The moratorium extension expires in June of next year, but has been sustained for over two years. A public hearing on the ordinance was also held last Tuesday.
Implementing zoning restrictions is the most the City can do to address the proliferation of these types of businesses, which Councilor Scales believes hinder economic development. City officials plan on petitioning the state legislature to introduce further legislation during the 2014 session.

MONTGOMERY – Attorney General Luther Strange has announced that Alabama has joined 42 other Attorneys General in submitting a letter to the Secretary of the Federal Trade Commission (FTC), voicing strong support for the federal agency’s proposed nationwide investigation of patent trolls.
Patent trolls make baseless claims of patent infringement to extract fees or settlements from consumers. They acquire patents solely for this purpose. Consumers, small businesses and nonprofit agencies are often targeted because they have purchased or used off-the-shelf commercial products that rely on common, everyday technology. These products include printers, scanners or wireless routers.
In early October, the FTC announced its plan to conduct a wide-ranging investigation of known patent trolls, also known as patent assertion entities. The proposed investigation would arm consumer protection authorities with valuable intelligence as they escalate actions against abusers of the patent system.
Recently, a number of states have taken action against patent trolls whose activities run afoul of state consumer protection and unfair trade practice laws. Although much has been discovered through investigation of specific patent troll entities, the business structure and operating methods of other such entities remain unclear.
In addition to Alabama, the states whose Attorneys General signed the December 17 letter to the FTC include Nebraska, Vermont, Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington and West Virginia.
Attorney General Strange asked Alabama businesses who may have experienced patent trolling to let his office know. “If you believe your business may have been affected by patent trolling, or if someone attempts this with you, please let us know. You may contact my Consumer Protection Division by calling 334-353-1831 or through my webpage, www.ago.alabama.gov.”

AG Announces Arrest of Mobile Police Officer on Charges of Income Tax Evasion, Filing False Returns
 
MONTGOMERY– Attorney General Luther Strange has announced the arrest of a Mobile police officer on charges of state income tax evasion and filing false tax returns. Donald Pears, 61, surrendered at the Mobile County Sheriff’s Office.
Attorney General Strange’s Special Prosecutions Division presented evidence to a Mobile County grand jury on December 9, resulting in Pears’ indictment.
Specifically, the indictment charges Pears with four counts of evading his personal income taxes and four counts of filing false income tax returns under penalty of perjury. The charges involve alleged violations involving the years 2007 through 2010.
No further information about the investigation or about Pears’ alleged crimes other than that stated in the indictment may be released at this time.
If convicted, Pears faces a penalty of five years imprisonment and a $100,000 fine for each of the counts of income tax evasion, and three years imprisonment and a fine of $100,000 for each of the counts of filing false returns.
Attorney General Strange commended Assistant Attorney General Bill Lisenby and thanked Alabama Revenue Commissioner Julie P. Magee, Assistant Attorney General and Assistant Counsel Glen Powers, and agents of the Alabama Department of Revenue.
*An indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

Ball Cap Bandit Pleads Guilty to Eleven Bank Robberies
HUNTSVILLE — A Huntsville man who was dubbed the Ball Cap Bandit because he often wore a ball cap during his crime spree pleaded guilty today in federal court to 11 counts of bank robbery, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Richard D. Schwein Jr.
CEDRICK LAMOND HICKS, 33, entered a guilty plea before U.S. District Judge Virginia Emerson Hopkins to 11 counts of bank robbery. Ten of those were in Alabama and one was in Tennessee. Hicks’ sentencing is scheduled March 25 in Huntsville.

The date, location and amount of money stolen in the robberies Hicks pleaded guilty to are as follows:

•    Feb. 22, 2012, Regions Bank, Madison Street, Huntsville, $2,870.
•    March 23, 2012, First Jackson Bank, Sutton Road, Huntsville, $1,894.
•    April 30, 2012, Renasant Bank, U.S. 72 West, Madison, $3,500.
•    Aug. 2, 2012, Peoples Bank, U.S. 431 South, Guntersville, $890.
•    Aug. 8, 2012, Traditions Bank, Alabama 67 South, Decatur, $7,243.
•    Sept. 19, 2012, First National Bank of Pulaski, South First Street, Pulaski, Tenn., $23,067.
•    Nov. 27, 2012, Regions Banks, Lee Street, Rogersville, $8,009.
•    Jan. 7, 2013, Peoples Trust Bank, Military Street South, Hamilton, $9,000.
•    March 6, 2013, ServisFirst Bank, Meridian Street, Huntsville, $6,575.
•    Sept. 18, 2012, Cadence Bank, U.S. 431, Albertville, no money taken.
•    Nov. 26, 2012, Traditions Bank, Second Avenue NW, Cullman, no money taken.
Hicks faces a maximum penalty of 20 years in prison and a $250,000 fine for each robbery.  The government also will seek restitution for the victims of his crimes.
The FBI investigated the case. Assistant U.S. Attorney Mary Stuart Burrell is prosecuting the case.