During the Birmingham City Council Meeting on Tuesday, August 27, 2013, Council:

1. Consented an Ordinance “to further amend the grants fund budget” by appropriating $5,000.00 to the T.I.G.R. Grant – Phase 4 Enon Ridge Multimodal Corridor and Civil Rights Complete Streets per matching funds received from Alabama Power Foundation. For more information, contact the office of Councilor Steven Hoyt at 254.2304.

2. Consented an Ordinance “to further amend the grants fund budget” by appropriating $367,506.88 to the T.I.G.R. Grant – Phase 3 Jones Valley Complete Streets and $384,593.12 to the T.I.G.R. Grant per matching funds received from the Community Foundation of Greater Birmingham. For more information, contact the office of Councilor Steven Hoyt at 254.2304.

3. Consented an Ordinance “to further amend the grants fund budget” by appropriating $400,000.00 to Non Departmental – Transfer to Fund 102 Capital Improvement Fund from Fund 133 Special Lodgings Tax, Funds Available, and appropriating $400,000.00 to Fund 102 – Capital Improvement Fund – Negro Southern League Baseball Museum. For more information, contact the office of Councilor Steven Hoyt at 254.2304.

4. Approved an Ordinance annexing into the City of Birmingham a 2.04 acre tract of land located at 711 Rex Lake Road in unincorporated Jefferson County, as petitioned by United States Steel Corporation, a Delaware Corporation (formerly known as USX Corporation), owner, pursuant to Title 11, Chapter 42, Article 2, Code of Alabama 1975, Sections 11-42-20 through 11-42-24, as amended. For more information, contact the office of Councilor Roderick Royal at 254.2302.

5. Approved a Resolution amending Resolution No. 1534-13, adopted by the Council August 20, 2013 which set a public hearing November 19, 2013 to consider the adoption of an Ordinance annexing into the City of Birmingham a 40.403 acre tract of land located in parts at 711 and 969 Rex Lake Road in unincorporated Jefferson County, as petitioned by United States Steel Corporation, a Delaware Corporation (formerly known as USX Corporation), owner, pursuant to the provisions of Act Number 32, Alabama Legislature 1964, 1st Special Session, to change the public hearing date to December 3, 2013. [First Reading] (Submitted and Recommended by the Acting City Attorney)**

6. Denied a Resolution relative to Urban Impact, Inc., Birmingham, in an amount not to exceed $30,000.00, to provide assistance to the City in the revitalization of the Historical Fourth Avenue Business District and maintenance of its historical structures and authorizing the Mayor to execute the agreement on behalf of the City.

7. Considered several items to enhance the city’s infrastructure, including working on roadways, sidewalks and drainage systems. Placed on consent a Resolution approving the appointment of Dynamic Civil Solutions, Birmingham, in an amount not to exceed $50,000.00, inclusive of any reimbursable expenses, to provide surveying and engineering design services for the Calico Winewood Drainage Improvements Project and authorizing the Mayor to execute the appointment letter on behalf of the City. 

Consented a Resolution approving the appointment of Dynamic Civil Solutions, Birmingham, in an amount not to exceed $147,550.00, inclusive of any reimbursable expenses, to provide surveying and engineering design services for the Green Springs Highway Streetscape Improvements Project, and authorizing the Mayor to execute the appointment letter on behalf of the City. 

Consented a Resolution approving the appointment of Engineering Design Technologies, Birmingham, in an amount not to exceed $152,000.00, inclusive of any reimbursable expenses, to provide surveying and engineering design services for the Graymont Avenue Streetscape Improvements Project, and authorizing the Mayor to execute the appointment letter on behalf of the City. 

Consented a Resolution approving the appointment of A.G. Gaston Construction Company, Inc., Birmingham, in an amount not to exceed $47,000.00, inclusive of any reimbursable expenses, to provide surveying and engineering design services for the 2nd Avenue South Sidewalks and ADA Improvements Project, and authorizing the Mayor to execute the appointment letter on behalf of the City. 

Consented a Resolution approving the appointment of MBA Engineers, Inc., Birmingham, in an amount not to exceed $77,000.00, inclusive of any reimbursable expenses, to provide surveying and engineering design services for the Alabama Avenue Drainage Improvements Project, and authorizing the Mayor to execute the appointment letter on behalf of the City. 

Consented a Resolution approving the appointment of Sain Associates, Inc., Birmingham, in an amount not to exceed $22,500.00, inclusive of any reimbursable expenses, to provide surveying and engineering design services for the 2nd Street Extension (Thomas) Project, and authorizing the Mayor to execute the appointment letter on behalf of the City. 

Consented a Resolution approving the appointment of Sarcor, LLC, Birmingham, in an amount not to exceed $46,000.00, inclusive of any reimbursable expenses, to provide surveying and engineering design services for the Pearson Avenue SW Street Improvements Project, and authorizing the Mayor to execute the appointment letter on behalf of the City. 

Approved a Resolution regarding the appointment of Strada Professional Services, LLC, Birmingham, in an amount not to exceed $43,325.00, inclusive of any reimbursable expenses, to provide additional storm sewer system evaluation for the 41st Street and 27th Avenue North Storm Sewer Inspection Project, and authorizing the Mayor to execute the appointment letter on behalf of the City. [G/L Account: 102_000.652-022; Project Code: PEP102CP 003830] (Submitted by the Mayor) (Recommended by the Purchasing Agent and the Director of Planning, Engineering and Permits)

Announcements and Reminders:

1. The Planning and Zoning Committee is scheduled to meet today, August 27, 2013, 4:00 p.m., 5th Floor Engineering Conference Room.

2. The Administration Committee meeting on Wednesday, August 28, 2013, 2:00 p.m., has been canceled.

3. The Committee of Whole is scheduled to meet on Wednesday, August 28, 2013, 4:00 p.m., Conference Rooms D & E.

4. In observance of Labor Day, Birmingham City Hall is closed on Monday, September 2, 2013.

5. The Education Committee is scheduled to meet on Tuesday, September 3, 2013, Conference Rooms D & E.

6. The Transportation and Communication Committee is scheduled to meet on Wednesday, September 4, 2013, 12:30 p.m., Conference Rooms D & E.

7. Joint Public Safety and Technology Committee meeting is scheduled to meet on Wednesday, September 4, 2013, 2:00 p.m., Council Chambers.

8. A Joint Budget and Finance and Economic Development Committee meeting is scheduled on Thursday, September 5, 2013, 4:00 p.m., in Conference Rooms D & E.

9. Councilor Maxine Herring Parker seeks to fill vacancy(s) on the Public Park and Recreation Board. Councilor Parker, Chair of the Parks and Recreation Committee, is accepting letters of interest and resumes. Candidates should mail the aforementioned information to: Honorable Maxine Herring Parker, Office of the City Council, 710 North 20th Street, Birmingham, AL 35203. For more information, call 254.2464.

10. In accordance with the Alabama Land Bank Authority, established by the state legislature, Councilor Jay Roberson seeks to fill vacancy(s) on the City of Birmingham’s first Land Bank. Councilor Roberson, Chair of the Public Improvement Committee, is accepting letters of interest and resumes. Candidates should mail the aforementioned information to: Honorable Jay Roberson, Office of the City Council, 710 North 20th Street, Birmingham, AL 35203. For more information, call 254.2498.

For more information, log onto www.birminghamalcitycouncil.org

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.

From Staff Reports

Mayor Re-Elected – According to the unofficial votes tallied on Tuesday evening, residents of Birmingham are comfortable with the guidance and direction that our current CEO of the city has taken us. Mayor William Bell received 74 percent of  the vote which equals 3 out of 4 votes. The mayor will now receive a total of four years in office.

Birmingham City Council – The citizens of Birmingham are also comfortable with our current representation. Residents in District 1,4,5,7,and 8 won a mandate and are extremely confident with their incumbents. The lowest percentage was 61 percent.

School Board – The story is that Loyrd Watson made history by becoming the first Black person to represent District 2. His integrity, loyalty, honesty and sheer grit spoke for itself. He hit a home run!
The voters totally rejected the current direction and leadership of the incumbents and current makeup of the Board.

photo credit:Stephonia McLinn

Birmingham citizens went to the polls to vote on Tuesday in what was perhaps the most underestimated yet critical election this city has seen in many years. For the first time both the Council and Mayor where chosen in the same election cycle. In addition, the City’s troubled school board was on the ballot as well. There was no surprise in the Mayor’s race, incumbent William A. Bell, Sr. won as expected. District 3 Councilwoman Valerie Abbott and school board member, Brian Giattina were both unopposed so no surprises there, but the evening was far from dull. With 63.65 percent of the vote Lashunda Scales will once again represent Birmingham’s District 1 on the city council. However, Councilwoman Kim Rafferty’s fate has yet to be determined as she will face Rolanda Hollis in a run off for the District 3 city council seat. Current councilors Maxine Parker, Jonathan Austin, Steven Hoyt and Jay Roberson all won reelection.
In two of the most watched races, former councilman Leroy Bandy and Marcus Lundy will meet again in a run off for the District 9 seat vacated by current council President Roderick Royal and neighborhood leader Sheila Tyson will now represent District 6 after seeking an appointment by the council for the past six months.
As Birmingham City Schools face probation and a possible loss of accreditation, citizens voted to see a number of new faces on the school board. In addition to incumbents Brian Giattina, April Williams and Wardine Alexander, who was appointed to represent District 7 in March, three new members were selected. With 70 percent of the vote political new comer Randall Woodfin will now represent District 5 and after easily defeating incumbent Emanuel Ford, Sandra K. Brown will now represent District 9. With over 61 percent of the vote Lyord Watson defeated incumbent Virginia Volker and will now represent District 2 on the school board. Run offs between Gwen Sykes and Daagye Hendricks for the District 4 seat; Cheri Gardner and Gwendolyn Bell will meet in a run off for the school board seat representing District 6.

We salute and give honor to the graduates of Miles College 50 years ago. They are the ones and many more before them who paved the way for many students today. They are the foot soldiers who struggled for their education and became some of Birmingham’s best educators, teachers, lawyers, doctors, supervisors, principals, and many other professions in the City of Birmingham and other cities and states. The graduates received Honorary Degrees at Miles College.
Hats Off!!! To Miles College Graduates 50 Years Ago.

CLASS OF 1963

Laura M. Ard                                            Carl McReynolds
Sandra Edwards                                      Jacquelyn Ard Morrow
Edward Foster                                          Dr. Murray Morrow Jr.
Thomas Hamner Jr.                                Bessie Moton
Carolyn Moses Hardy                             Maggie Oden
Mary Harper Hardy                                Leola O’Neal
Charlesta Harper                                     Dr. Rose Perkins
Rawleigh Gildon – Hill                            James E. Reasor
Juliette Howze                                         John Robinson
Annie Johnsnon                                      Paul Walker
Wendell A. Jones                                    Virgia T. Wallace
Mary L. Jordan                                       Charles Whatley
Laura Walsh Lacey                                 Chancie Williams
Clarence McGee                                      Darlene Williams
Gladys McGee                                          James Williams

Special to The Times

The Birmingham City Council hosted the community and former city leaders last week for the premier of Fifty, a documentary on the transition of government in 1963 from the Commission form to the Mayor-Council form of government.

The event on August 22 began with a reception at the Birmingham Civil Rights Institute and was followed by a program recognizing former mayors and council members and the showing of the film, produced by David Tucker of Peep This Entertainment.

Birmingham in 1963 struggled with ending its longtime system of government, led by iconic segregationist Eugene “Bull” Connor. Changing the form of government and removing Connor from office was a key factor in bringing an end to segregated policies and practices sanctioned by the city.

The first council included eight men and one woman. Most were considered moderates and were supported by the business community. They were George Seibels, Nina Miglionico, M. Edwin Wiggins, John Golden, E.C. “Doc” Overton, Alan Drennen, John Bryan, Tom Woods and John Hawkins.

Several former council members were present for the event including Alan Drennen, the only living member of the first Birmingham City Council. Others present included Aldrich Gunn, Mike Graffeo, Frank Adams Jr., Elias Hendricks, Pat Sewell, Byron Davis, David Herring, Bill Myers,  Antris Hinton, Linda Coleman, Jeff Germany, and Betty Fine Collins.  Melva Langford, wife of former councilman and Mayor Larry Langford, was there to represent her husband.

Following the viewing of the documentary, former Birmingham News Managing Editor Carol Nunnelley and attorney J. Mason Davis led a discussion with current council members on the future of city government.

MONTGOMERY, Ala. – Brandon K. Falls, District Attorney for the 10th Judicial Circuit, Jefferson County, Alabama; and Joseph Borg, Director of the Alabama Securities Commission (ASC) announced that on Thursday, Aug. 22, 2013, before Jefferson County Circuit Court Judge Tracie Todd, Dr. Scott William Naley, a Birmingham area physician, was sentenced to 20 years in prison, split to serve five years in the state penitentiary to be followed by five years’ probation for the fraudulent sale of securities to several Alabama investors. He was also ordered to pay $961,600 restitution to nine victims in Jefferson, Shelby, Montgomery and Marshall counties.
Naley pled guilty on May 29, 2013 to Fraud in Connection with the Sale of Securities, more specifically described as employing a scheme or artifice to defraud. The charge is a Class B Felony under Alabama law, punishable by a possible prison term of no less than two, and no more than 20 years’ incarceration, with up to a $15,000 fine per charge. An April, 2012 Jefferson County Grand Jury indicted Naley for violations of the Alabama Securities Act and he was subsequently arrested by the U.S. Marshal’s Gulf Coast Regional Fugitive Task Force in May, 2012.
ASC’s investigation into Naley’s actions revealed that he fraudulently obtained money from fellow medical doctors by issuing unregistered promissory notes. Naley’s scheme involved falsely representing to the investors that their funds would be used to execute stock options that he purportedly owned in a publically-traded medical company known as Animated Dissection of Anatomy for Medicine Corporation (“ADAM”). Naley represented that he could buy stock options at less than their publically-traded value. He told victims he had purchased all the options he could afford to buy and offered his victims the opportunity to exercise the other options which would have supposedly allowed them to realize an instant profit. The victims, most of whom were colleagues of Naley, agreed to buy the excess stock options. ASC’s investigation revealed that Naley did not have rights to purchase stock options in the company ADAM and used investor funds for unrelated purposes. The investigation also revealed that ADAM had no idea that Naley was using their company name to perpetrate a fraudulent scheme. Further, ASC records revealed that Naley was not registered to offer and/or sell securities in Alabama, as required by law.
ASC Director, Joseph Borg said, “We hope that the efforts of the Alabama Securities Commission, the Jefferson County District Attorney’s Office and the sentence imposed on Scott Naley by Judge Tracie Todd sends a loud and clear message to other fraudsters and scammers out there that this type of conduct will be thoroughly investigated and swiftly punished. We simply cannot, and will not, tolerate people taking advantage of positions of trust and responsibility to steal from persons who have every right and need to be able to rely on them.”
The ASC cautions potential investors to thoroughly scrutinize and research any investment opportunity or offer. Contact the ASC with inquiries concerning securities broker-dealers, agents, investment advisers, investment adviser representatives, financial planners, registration status of securities or debt management programs, to report suspected fraud or to obtain consumer information. The ASC provides free investor education and fraud prevention materials in print, on our website and through educational presentations upon request.