Dr. Bentley's Rx: Deception--Costs and In-Depth Details of Elevated Highway 280 Plan Remain Hidden

Works of "art" or outdated concrete behemoths?

August 11, 2010 Stan Diel Birmingham News--Dr. Robert Bentley, the Republican candidate for governor in the November election, today said he favors building an elevated toll road over U.S. 280 to relieve congestion.

Governor "Dr. Dr." Bentley prides himself on his medical curriculum vitae and claims to be the "smartest man ever elected governor of Alabama." He's convinced himself he's just what Alabama needs and will cure all of our ills with his own brand of corporate-infused republican medicine. Especially our so-called current state budget crisis that's resulted in deep cuts to education, slashed social services and a gutting of numerous programs that directly affect regular folks who are struggling just to get by.

“Alabama is hurting, and we need a doctor,” Bentley, a former dermatologist from Tuscaloosa, told voters in last year’s campaign. Once he took office in January and looked at the patient — the budget — he said: “We’re a lot worse off than you think.”

Predictably, the usual suspects joined in the chorus of misery: Speaker of the House Mike 'Road Man' Hubbard and Senator Jabo "Clueless" Waggoner. Neither of these two political animals experiences life by the drop as most of Alabama does. The same public who did not create the mess are the ones being asked to bleed for the good of the state's insiders economic prosperity--i.e. private profit equals public pain.

The 'Dr. who can't' seems oblivious to the practice of good-for-the-folks medicine, because he refuses to end cronyism, despite promises to the contrary, and he's created a public-private merger through ADO and EDPA that in effect allows wealthy private corporations an all access pass to the state till and taxpayer's money. In addition to allowing the appointing of like-minded players to power positions within the framework of the organization and to state offices.

Creating a public-private partnership, and placing it in the hands of Alabama schemers, won't remedy our politician and corporate inflicted ills--in fact, they'll only worsen the sickness of corruption that got us into the state we're in now by allowing more insiders to walk away with millions in taxpayer money and leave communities holding the bag. Corruption, theft and abandonment of long-standing public policy are real possibilities in PPPs as they give rise to entities larger than the original government: they can become monstrous-sized power structures with a full stranglehold on democracy and public good.

“Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power” - Benito Mussolini

We're on a slippery slope that isn't going anywhere near the smaller government republicans swear they support.  Road building and economic development are the breeding grounds for these unholy alliances of state and corporate power. Foreign entities get in on the act too with groups like Cinta and Macquerie, who have been "nosing around in Alabama" looking for roads and bridges (Macquerie has one in Alabama already) to privatize and toll.

Will one of these two foreign investors own the Elevated Hwy 280 toll road? How can Alabama claim to pay for the project when the lion's share of toll fees will go out of the country? Isn't this selling off the state's infrastructure to the highest bidder? If the county a toll road runs through gets their hands on toll fees then Harris County, Texas should serve as a clear warning of the potential for misuse.
*(Must watch video at a republican campaign event in Texas of an audience member asking about PPP's and toll roads. The candidate sits down, a yes man jumps up, and with great animation addresses the audience member's query. Watch how quickly he evades real answers, executes a classic political bait and switch, and turns the argument into those "socialistic democrats" are the real problem lady!)

So many questions. So few demanding honest answers.

The special interests involved in the the antiquated Elevated Highway 280 plan are made up of some of these types of caballers: deep-pocketed campaign donors and selectively hand-picked beneficiaries of Alabama's supposedly hard-to-come-by greenbacks. Interests like the *road gang for one.
(*Section II-- "Who Is The Road Lobby?")

They're connected to Alabama's purse strings by way of Governors Riley and Bentley and consist of groups like: cement companies (ACPA SE, Cemex), an out-of-state engineering firm (Figg), and the strategically located likely road material supplier, White Rock Quarries (WRQ), who's set to blow the smithereens out of small town Vincent, Alabama. WRQ also just happens to be a subsidiary of the stinking rich Vecellio Group. Vecellio's subsidiaries include road building (Vecellio & Grogan is one of the largest in the nation) and asphalt companies among its corporate pool.

The coziness of certain players involved with the 280 idea and sheer coincidence of 'we do that too' is a bit too handy to discount as chance. Add to the mix that the second biggest take of the WRQ quarry profits goes straight into Shelby County's coffers, and their palpable disappointment that the project may not have gone forward starts to make a lot more sense to even a casual observer.

In March of 2010 ALDOT halted all work on the 280 project due to "a lack of consensus from local governments." Shelby County took a counter view to the Birmingham News and cried foul over the abrupt stoppage. (It's important to note that unchecked development by Shelby County created much of the traffic woes that exist on 280 today.) By the summer of 2010, after a full court press by certain entities working behind the scenes in all the cities that counted, from Jefferson to Shelby County, the project roared back to life as the must-build toll road to 'breathe life into our cities.'

Vincent's Mayor claimed the "town of Vincent cannot survive without the highway" and he used that claim to push through a fast vote on a resolution supporting the project. Does WRQ's Vincent Hills Quarry have anything to do with his fervent support and was he repeating instructed propaganda from BARD, who's creator and former Bentley transition team member, Stephen E. Bradley (Bradley & Associates), represents White Rock Quarries? Were Mr. Bradley and his BARD legal sidekick, Balch & Bingham lawyer Rob Fowler (also representing WRQ), the ones who led the charge to get as many cities on board as possible through those so-called supportive resolutions?

One other notable thread seems to run throughout the road gang and their high-minded ideas in Alabama: Figg Engineering.

CEO Linda Figg, who has close ties to Vecillio, suitably "impressed" former Governor Riley so much he put her company on the state dole in 2005. Figg has been raking in the megabucks from state coffers on projects around Alabama ever since, including the Hwy. 280 plan. She's a mover and shaker who carries substantial clout according to Concrete 2011:

Linda Figg: CEO Figg Engineering Group, Tallahassee, Florida, U.S.A. The Figg Group is a relatively small but highly influential consulting firm specialising in bridge engineering, with a portfolio of inspirational structures which have realised the company’s philosophy of ‘creating bridges as art.’

We would like to know why these special interest's projects, including the far from economically challenged Ms. Figg, don't seem to be suffering from the same "debridement procedure" that the good doctor governor is applying to programs that deeply hurt average and low-income Alabamians.

And why is ALDOT being evasive with their figures to Figg and others?

Queries have been made to ALDOT by numerous individuals asking for the full amount to date spent on (the now double its initial estimate of $800 million) the Elevated Highway 280 plan. So far, ALDOT is avoiding an honest answer. John Cooper, Director of Transportation for ALDOT, recently received the green light from Governor Bentley's ATRBTA board to "talk privately with an engineering company that (allegedly) came up with a lower cost estimate."

“Governor Robert Bentley believes transparency in government is critical to earning the trust of the people it serves.”

Bentley campaigned on that issue of transparency too. Yet, the board he chairs (and John Cooper sits on) thinks it's appropriate to conduct state business "privately" about a public use road project. Trust is gained through open transparency throughout a process and quickly lost by selectively applying transparency at will, Dr. Governor. Why is the cloak of unaccountability being thrown around your appointee Mr. Cooper?

What else is ARTBTA, Governor Bentley and ALDOT not telling us about this project?

And why can't the press get it right on what the actual figure is?

Birmingham News' transportation reporter, "Driving Miss Crazy" Ginny MacDonald, has stated in her online "Live Chat" that ALDOT has "paid out $316,000.00 on the Highway 280 study" as of early summer 2011. Where is she getting her low-balled information? From ALDOT's press chat room?

Ms. MacDonald has cited difficulty in obtaining the figure because of "ALDOT in-house work, private contractors, etc." but assured readers in the "Live Chat" forum she "will get the information" from ALDOT. 

We haven't experienced the degree of difficulty she claims to have encountered. In fact, without much effort, the VAC has a memo (displayed below) to ALDOT's Finance and Audits Department, dated June 8, 2010, requesting payment of a Figg Bridge Engineers invoice in the amount of $1,143,915.00.

That's just ONE invoice--from 16 months ago! And it's a much higher figure than Ms. MacDonald has been parroting to the public through the news media forum on a subject she claims to be knowledgeable about.

This one invoice is more information than has been reported in any news agency in the state on what has been charged to ALDOT --and state taxpayers-- by the company that has been working on the elevated toll road for years!

Transparency anyone?
Figg Eng. Invoice to ALDOT

More on this topic in a subsequent post about Governor Bentley recently repeating the Riley era mantra and asking the feds for sooner-than-agreed-to increases in Alabama's share of offshore oil and gas royalties. Road building and O&G royalties--yes, they are connected.

photo credit: David Johnstone

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The Truth in Black & White About Stephen E. Bradley of Bradley & Associates

Birmingham's alternative "city paper" Black & White exposes the complicated and sinister web of one of Alabama's most infamous "public relations hustlers" and the ubiquitous damage that one man can accomplish when he practices to deceive.

Not at all content to remain confined in one state, Bradley's expanded his web of duplicity.

In 2008, Mr. Bradley created a multi-state network consortium of like-minded public relations, advertising and governmental affairs agencies to spin out beyond Alabama's borders through the Issues Management Network.

Coming soon to an area near you is trouble like you cannot begin to imagine. 

Mr. David Pelfry explains why in the following issue of Black & White with his featured story: "Spinning a Web."

*Story begins on page 6 in this PDF option

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SELC Files Lawsuit on Behalf of Black Warrior Riverkeeper Against Northern Beltline

Groups Sue ALDOT for Flawed Environmental Study on Northern Beltline

Press Release April 11, 2011

Gil Rogers, Senior Attorney, 404-521-9900
Cat McCue, Senior Communications Manager, 434-977-4090
Representing: Black Warrior Riverkeeper - Nelson Brooke, 205-458-0095

Montgomery, AL--In violation of federal law, the state Department of Transportation failed to fully account for the environmental impacts of the massive, high-priced Northern Beltline, conservation groups said in a lawsuit filed today in federal district court in Montgomery.

Click here to read the complaint (pdf)
Click here to read SELC's factsheet on the Northern Beltline (pdf)

The 52-mile beltline was recently pegged at $4.7 billion, a 38% increase from just a few months ago.  Much of that would come from federal coffers, but state taxpayers would be responsible for nearly $1 billion in matching funds. At about $90 million per mile, the beltline would be one of the most expensive interstate beltways in U.S. history.

Black Warrior Riverkeeper is suing the agency for violating the National Environmental Policy Act, which requires a thorough evaluation of environmental impacts and alternatives in order to identify the most cost-effective and least damaging alternatives for projects funded with federal money.

"We have been waiting for years for ALDOT to do its homework before proceeding as required by federal law.  Unfortunately, this expensive and outdated highway project continues to move forward without a study of the most cost-effective way to bring economic growth to this part of the state," said Gil Rogers, senior attorney with the Southern Environmental Law Center, which represents the river group in the lawsuit.

The state's $1 billion share of the beltline exceeds ALDOT's annual construction budget for the entire state, and would be almost five times as much as ALDOT's annual budget for road and bridge maintenance statewide.  The high price of the state's match means that many other necessary projects-such as safety improvements, bridge repair and road maintenance in Montgomery, Mobile, Huntsville, and elsewhere, including Birmingham-would go unfunded to accommodate the beltline.

ALDOT has failed to undertake any comparison of the true economic development impacts of this project with other transportation improvement alternatives, nor does the $4.7 billion price tag take into account the additional cost to local governments of providing services like secondary roads and utilities to accommodate new growth in the region.   Further, the beltline would likely trigger a shift of economic activity away from existing Birmingham neighborhoods.

"ALDOT's inadequate study of this roadway's cumulative economic and environmental impacts led to decisions being made in a vacuum without proper planning or public input," said Nelson Brooke, spokesman for Black Warrior Riverkeeper. "Sprawling development along this highway will lead to increased pollution in local streams and rivers to the detriment of all who live downstream."

The Northern Beltline was first proposed a half century ago, when engineers routinely designed bypasses around metro areas to relieve traffic. Today's transportation experts increasingly recognize the built-in liabilities of bypasses-declining downtowns, sprawl, loss of open space, impaired water quality, and increased traffic and smog.

ALDOT completed an environmental study on the project in 1997 and chose the route for the Northern Beltline that the U.S. Environmental Protection Agency cited as the most environmentally destructive. Because no work on the project occurred over the next three years, the analysis expired. ALDOT was legally required to re-evaluate its study and factor in changed conditions and correct deficiencies.

Instead, in 2006, ALDOT released an extremely limited study covering only 3.4 miles, which according to the lawsuit amounts to an illegal segmentation of the project under the National Environmental Policy Act.  Moreover, ALDOT has continued to ignore the environmental impacts of development spurred by the 3.4-mile segment and the beltline as a whole.

The Southern Environmental Law Center is a regional conservation organization using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC's team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.

Black Warrior Riverkeeper is a citizen-based nonprofit environmental advocacy organization whose mission is to protect and restore the Black Warrior River and its tributaries. A member of Waterkeeper Alliance, Black Warrior Riverkeeper was the Alabama Environmental Council's 2007 Conservation Organization of the Year and the American Canoe Association's 2008 Green Paddle Award winner. Nelson Brooke, Riverkeeper, won the Alabama Rivers Alliance's 2010 River Hero Award.
Click here for more information about the Northern Beltline.

WGBH's Rick Karr interviews Phillip Weidmeyer on the Northern Beltline
PBS article on Phillip Weidmeyer and BARD's influence on the Northern Beltline
PBS interview Nelson Brooke

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Southern Environmental Law Center Pushes Back Against BARD on SWMP

Clean Water Groups Defend State Effort to Reduce Polluted Runoff

Press Release
March 24, 2011


Gil Rogers, Senior Attorney, 404-521-9900 (email)
Cat McCue, Senior Communications Manager, 434-977-4090 (email)
Representing:
Cahaba River Society - Beth Stewart, 205-322-5326 x411 (email)

Montgomery, AL –The Alabama Rivers Alliance, Black Warrior Riverkeeper and the Cahaba River Society have filed a motion to intervene in a permit appeal by a business organization filed against the Alabama Department of Environmental Management to help defend the agency's stormwater program for small cities.

Represented by the Southern Environmental Law Center, the groups say the lawsuit by the Business Alliance for Responsible Development (BARD) is a delaying tactic aimed at keeping local and state stormwater controls weak and ineffective.  Without adequate programs to control polluted runoff from development and urban uses, downstream communities and businesses will continue to shoulder the high costs to clean drinking water and repair flood damages.

"Rivers, streams, coastal waters and lakes are critical to Alabamians for drinking water, recreation, wildlife and the economy.  Polluted runoff is harming those uses.  Every delay in halting polluted runoff means more degradation of our water and higher long-term clean-up costs for the public," said Gil Rogers, head of the Clean Water Program for the Southern Environmental Law Center, which filed the motion earlier this week in with the Alabama Environmental Management Commission. (Click here for a PDF of the motion to intervene.)

Under the federal Clean Water Act, ADEM is required to set up a permitting program for small cities to control their polluted stormwater runoff. In August 2010, the Environmental Protection Agency rejected ADEM's first version because it did not meet basic requirements of the law.  It was the first time the EPA had ever taken such a step with any state. ADEM subsequently made some modest improvements and issued a final permit on February 1.

Stormwater runoff is widely acknowledged as one of the most serious causes of water pollution in Alabama.

 "Many responsible developers in Alabama are already achieving the standards called for in ADEM's permit. Better stormwater practices that safeguard drinking water and help prevent flooding are proven to save money and make money for developers and communities," said Beth Stewart, Executive Director of the Cahaba River Society. "In these tough economic times, green projects with lower stormwater costs give developers and communities a competitive advantage, but lax stormwater controls undercut innovative developers and transfer costs to local governments and downstream neighbors."  

BARD's challenge of ADEM's stormwater permit represents one more salvo in its continued resistance to improving development practices that protect water quality.  For years, BARD has incited local governments to fight against standards that better manage development.  

BARD's misguided advice that local governments are doing too much to stop stormwater pollution has already made some cities and counties vulnerable to EPA audits and enforcement oversight. In 2009 and 2010 the EPA found that the stormwater programs of cities and counties in the Birmingham-Hoover metro area were not meeting basic requirements of the Clean Water Act.

"Traditionally, our organization has been on the opposite side of ADEM, as we consistently challenge them to do a better job of protecting Alabama's waters," said Eva Dillard, Staff Attorney for Black Warrior Riverkeeper. "We're taking ADEM's side in this appeal because we don't want to see the permit weakened even further, which is BARD's main objective."  

"Enforceable permits are absolutely essential to stopping the devastating impacts of uncontrolled stormwater across Alabama," said Mitch Reid, Program Director of the Alabama Rivers Alliance. "Protecting our rivers is a shared responsibility of government at every level and this permit provides a level playing field so that no community is disadvantaged for doing the right thing for our environment."

The proposed permit will govern the local stormwater programs of about 60 smaller cities and counties for the next five to seven years.  Just as important, ADEM has indicated that this permit will be the basis for other stormwater permits that will be written for larger cities and counties, as well as for the Alabama Department of Transportation.

The Southern Environmental Law Center uses the power of the law to protect the environment of the Southeast.  The Alabama Rivers Alliance is devoted to healthy rivers, healthy people, and a healthy system of government for the state of Alabama. Black Warrior Riverkeeper protects and restores the Black Warrior River and its tributaries.  The Cahaba River Society's mission is to restore and protect the Cahaba River watershed and its rich diversity of life.

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Forty Acres and a Governor

Union General William Sherman provided black union troops with land and a mule as a reward for their loyalty to the cause, particularly for Sherman’s march that ended in the burning of Atlanta. Alabama’s version of General Sherman, the Big Mules, rewards its faithful too by putting former governor Riley in charge of organizing troops for a march that may end in the burning of Alabama’s republican party.

There’s a brand new old battle raging in Alabama for the heart and soul of the republican party. Former Governor Riley has joined forces with two leaders of the Alabama legislature to root out any candidates and elected officials who they claim are RINOs. Detractors claim it’s a selfish act and designed to split the GOP as a whole into two separate factions, we see it as more of keeping power where it has always been through Alabama’s republican party--in the hands of the real shadow government of the Big Mules.

Bradley Byrne, the Riley backed gubernatorial candidate, is busily at work with his own group to reform Alabama claiming the non-profit group will:

1. Institute a more transparent state budget process

2. Allow stronger oversight of campaign finance laws

3. Create a searchable database to help the public track where candidates get their money

4. Give more local control over how state education dollars are spent

Like most political promises, it sounds good and hits all the right notes that resonate with voters, but considering the source, we don't think all is as it appears. 

Our suspicion is that these are cleverly designed tactics schemed up in a war room to undermine the current administration, and to distract the Tea Party group of conservatives, who are now incensed by Riley and Byrne’s latest maneuvers, from what the real issue is--the Big Mules want complete and total control of the party. 

And they are well positioned for the move because they co-opted the republicans ranks long ago. The Tea Party arm of the republicans is loudly crying foul, with most of their anger directed at Riley. They claim that what he's doing will split the party in two and result in the entire party being weakened. We say that if the angry crowd in the Tea Party leaning GOP wants to take up arms against something, then they need to amass their ranks and go after the real invaders of their party and get them out for good before they can take on Riley and Byrne.

There is historic precedence for our theory:

The Big Mule Coalition focused its major political action on the Alabama Senate using a tactic referred to as "18 plus 1." In the 35-seat Senate, the coalition needed 18 seats to hold a majority and thus control the legislative agenda. In the executive branch, the governor had the ability to veto legislation, and in a tradition not broken until the late twentieth century, the lieutenant governor helped organize the Senate and select legislators to chair the various committees. 

Thus, control of 18 senate seats plus either the governor's or lieutenant governor's office meant control of state government. Members therefore funneled campaign money and other resources to races for the state senate and either the governor or lieutenant governor. Their efforts were very successful when it came to the legislative races that were local in emphasis. 

In another popular Big Mule tactic, a corporation such as the Alabama Power Company would buy the loyalties of recent law school graduates by placing them on a monthly retainer. They rarely did any work for the corporation, but its status as a client would prevent them from taking any cases against it. If any of these men had political ambitions, they would be beholden to the corporation. These retainers represented a major source of income for lawyers just establishing their practices in Alabama's small towns and cities.

Governor Riley knows all about this power structure because both of his campaigns received hundreds of thousands in donations from the Mules. His political loyalty was purchased long ago, and much like the young law school graduates, he's beholden to them for his political career. So is Byrne and present Governor Bentley. These recent salvos by Riley and Byrne are not based in any reform of the republican party so much as they are for the interests of the Big Mules.

When Bradley Byrne was running for governor, his campaign records listed huge donations from this powerful group, while Governor Bentley was struggling for donations. Alabamians are still arguing over what really sunk Byrne, the AEA and Stan Pate, or Byrne’s negative turn during campaigning that seemed to turn off the voters. We think it’s more complicated than that, and what people are debating as the real cause is a distraction.

Once Byrne started his downward spiral of no return, almost overnight the Mules poured hundreds of thousands into Bentley’s campaign. Governor Bentley was asked about the Big Mules and BARD contributions to his campaign on a Birmingham radio show, and the man who claimed “we know who every donor is and can account for every dime” answered the host’s inquiry with “Never heard of ‘em.”

Since Byrne’s appeal to the voters turned sour so fast, we can’t help but wonder if his demise was helped along by the Mules more so than AEA, but since the AEA is such a hated organization, bad ol’ democrats and all of that, the real saboteurs flew under the radar as they often do.

Did a meeting between Byrne and these power brokers go south? Did Byrne tell them his plans might not be their plans? On the intelligence and sophistication scale, Byrne and Bentley are on opposite ends of the line, though neither is as sharp as they think they are.
But Bentley was the more malleable of the two candidates, and he’s where he is because that’s what serves the Mules for the moment.

Bentley fell quickly in line with the game and filled his transition team with Mules and BARD operatives by appointing Charles McCrary, Stephen Bradley and S. Eason Balch among others.

We suspect it took a lot more than the AEA and Hubbert, who is publicly perceived as the most powerful man in Alabama politics, but actually pales in comparison to the long-standing power and money of the Mules, to knock Byrne out of contention.

Hubbert's power base is democratic and the Mules focus on republicans. In the battle between the two republican candidates, Byrne and Bentley, there had to be a few moles in Byrne's camp. Stan Pate was one mole disguised as a tool for the AEA.

A Decatur Daily article that listed the 12 most influential people in Alabama quotes Pate about the muscle of Alabama Power and McCrary:

"It's a powerful organization, and he's got a lot of tools in his toolbox," Tuscaloosa developer Stan Pate said of McCrary.
"He walks into that job with the credibility that goes with it. You put with it his credentials and the relationships, and like it or not, when they want to weigh in on something, they do."
"He walks softly and carries a big stick of his organization behind him," Pate said. "He is right up in the middle of every significant issue that involves the state."

Former Governor Riley weighs in on McCrary:

"People of Alabama don't understand the tremendous input in economic development Alabama Power has," Gov. Riley said. "Charles' greatest asset is he can take a complex problem and simplify it down."

Riley has it half right: McCrary does have tremendous economic influence, but what else he has in that “toolbox” is the same ability the Mules have always had--the power to build a Mule barn right there on Goat Hill and load it up with his personally approved stock. 

And he does just that year after year, quietly and effectively, while the voters and most of the media are given a shiny thing to follow as the man behind the curtain makes the trick work. 

The Mules will break pattern and hedge their bets by co-opting willing democrats, but the republican platform of big business gives them the perfect vantage position to pick off the republicans.

Now we have Riley back on the scene, aided by Mike Hubbard and Del Marsh, all in cahoots to drain money from the state party to their own organization, who will endorse candidates "that pass the litmus test of Bob Riley." The self-proclaimed Tea Party faction of the republicans is seething with anger over Riley's sneak attack, and calling up their ranks of true conservative faithfuls to go to war with Riley and his operatives. But if they don't get the commander, the won't win the battle and this will go on and on.

Our advice to them is don’t be so tunnel visioned by the front and center troops that you forget to guard your flanks. Because your real problem are the mule trains gathering on your left and right, and the moles that are already in your ranks that serve one commander, not the party.

Forty acres and mule is symbolic of an impetus to fight hard and remain loyal and it worked well for Sherman all those years ago. In the modern day, access to unfettered amounts of cash hidden in the smoke screen of donations, non-profit groups and promised political position, replace the old symbols. Riley has demonstrated a taste for these that is unequaled, making him the obvious choice as the Mules general. 


Maybe it's past time for the Tea Party republican faction to reassess what they are being drawn into and who they are really fighting. This is not about a war with two groups of the same camp, it's about the total domination of one party by special interests at any cost.

Wars have been won throughout history by studying the strategy of previous battles and developing a keen sense of who the enemy is. This is a war that has a lot of history too, and if the Tea Party faction of the republican party wants to do more than take the field for the day, they would be wise to identify their true opponent and proceed accordingly.

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Finally! Recall Proceedings Have Begun Against Vincent Mayor and 4 City Council Members

You don't push some people without one day expecting them to push back.

*Updated Tuesday afternoon see below

It's been a long time coming, but finally, Vincent, Alabama residents opposed to the massive rock quarry that was been railroaded through approval by a non-responsive and corrupt city government, have challenged the Mayor and four council member's jobs with a recall petition.

Vincent Mayor Ray McAllister, City Council members Bridgette Jordan-Smith, Johnny Edwards, Mary Lee Reynolds and Larry King are all targets of the petitioners. The one lone dissenter, Ralph Kimble, did not sign the petition.

It could not happen to a more deserving group of turncoats in our opinion.

Expect BARD bullies Stephen Bradley and Rob Fowler to run to the protection of the city leadership, in addition to a hurry up by ADEM to issue a permit. Wonder if they'll try to pull a trick and skirt the public meeting requirement before permit issuance?

While we're on this subject, let's have a look at the idiot in charge of Vincent and his outlandish claims of what an almost 1000 acre quarry will and won't do. 

(video link, takes time, abt. 3 minutes, to load after commercial, be patient, it's worth it) 

Here's a translation transcript sent to us by a reader that is spot on, and written in southern colloquialism befitting the geniuses that run Vincent who fancy themselves so educated:

"Fact:  Vincent has the largest live decorated Christmas Tree in the state of Alabama."   "Now - back in July - after a year of investigating...we voted to re-district some property   and they have made a lot of commitments to the town of Vincent - they are putting in the most modern equipment....... they say ZERO dust....folks don't like dust."  
 
"I went to see a little quarry... and I say --- how purty the water was going over a little water fall.... the man say --'I work here at this here quarry and git you a jar and git you some water and it's gonna be bettah than what you got in your city water....... the good news is we gonna git 125 jobs....not that 125 jobs is a lot of jobs."  

"That paper place is closing....we be right across the riber from dat. People gonna spend their money locally."  
(How many Vincent residents worked for dat Bowater place? We tol’ the folks these heah jobs was going to be Vincent jobs for Vincent folks…maybe we lie a lil’ here and there.)

"400K from ADECA - to pave the #1 worst road in the state of Alabama..."   

Ol’ Spencer Boy Bachus got them a grant for a fire truck and let dem quarry folks off da hook for the $350,000 they promised to give Vincent for da' truck- thank God for Homeland Security and FEMA.  (You know they get so little done right).   

The Mayor claims "Vincent is beautiful, we got us some parks…" 
(he really did mention Gorman Park - who ever wrote this speech might should have warned him about the discarded condoms lying around.)   

Maybe some of dem folks at da Chamber meetin' will go on down to Gorman Park and see for demselves, after all the Mayor put an invite right out there didn‘t he?   

Good for you citizens of Vincent!

*Update-- The never-friendly-to-citizens Alabama League of Municipalities (ALOM) is claiming that the residents cannot use recall based on this section of Alabama Code. Note the section applies to Commissioners only, and according to the LOM, only in one city in Alabama is there a provision (thanks to the Aladumba legislature) that provides the right to recall-- Dothan. 
(So the rest of you are out of luck. How stupid is this?)

The Vincent residents used this section of Alabama Code. 

Which clearly covers recall of at least the Mayor (and any Commissioner according to this section.) 

So which is it? 

Is the ALOM citing the code section that serves their purposes and is on the side of denying the people of Vincent, or any other municipality for that matter, the right to recall their elected officials everywhere but the City of Dothan, Alabama? 

Just whom do you really serve ALOM? Never mind. We know the answer.


If ALOM is correct, then it is one of the most poorly written laws imaginable, and no community in Alabama is afforded the right to recall their elected officials.
Even our state constitution speaks to the right of the people and their government:
"People are the source of power"

This should be the test case for every Alabama community to be afforded clear and concise remedy to bad government in the form of recall when the citizens demand it. 

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We Gotcha Governor Bentley in a Boligee Big One

The $8 million dollar "simple man"

"Growing up the son of a sawmill worker I learned nothing's more important than a man's word." Robert Bentley

That didn't last long and my how your nose does groweth Governor.

Before viewing the following video clip, let's keep in mind that a biofuels plant was just announced by Alabama Governor "you will respect my authority" Bentley for the Boligee area of Greene County, Alabama. The deal has been in the works for two years.

Every US taxpayer is on the hook to the tune of $250 million to experiment with Cellulosic Ethanol thanks to the USDA passing out OUR money like candy to uber rich billionaires, hedge fund company investors and the French oil company Total, to come up with gasoline for one dollar a gallon.

It will never happen.

It's over-hyped, it's playing on climate change fever and it pays select interests very well with OUR money!

Never mind that Coskata already has a Pittsburgh location close to the GM plant it's researching CE for, and that they claimed to "have fuel online by 2009" (didn't happen), let's go build another plant courtesy of the US taxpayer, greedy Alabama politicians and special interests. We'll prop up our Monsanto buddies in the process with that fine, temperate Alabama climate that's perfect for genetically modified switchgrass and trees and some unsuspecting hick farmers will also get a federal hand out for planting Monsanto's wicked weeds.
(More on that here.)

It's one big fleece job being set up in West Alabama, period, end of story.

Monsanto has been sneaking around Auburn University for a number of years and have  firmly entrenched themselves in the agricultural programs. One person links all of this together: Bentley's Transition Team communications director, the (we hope) incomparable Stephen "Steve" E. Bradley, who lobbies for Monsanto and knows a thing or two about verbal slight of tongue and clandestine operations, among his other "talents."

And Bentley picked him and his BARD buddies to lead his transition into the governorship.

Bentley claimed, at the last "goobernatorial" debate, that Boligee was only good for "raising fish and big deer" not for a "biotech company."

Either he was lying then to appeal to a particular voting block, or he's lying now by making it appear this just all of a sudden materialized and Boligee, in the short span of three months, is now the perfect place for a biotech project.

October 28, 2010, right before the election

There is no way in hell he came up with that biotech reference last October without knowing something about the project.

How about an explanation from the "I am upright man" of his word"?

Word to the wise governor, you're playing with some dangerously crafty men who can chew a good "Badtist" up and spit him out without batting an eye and you're in way over your head, but you're just not quite smart enough to figure that out.

Better watch your bass Doc or you'll wind up as a bunk-mate of Langford or Scrushy before it's all over with.

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Stories That Have Us Scratching Our Heads and Wondering WTH?

"I think I am seeing the monkey business going on, yes?"" 

Hope Coal Co. was recently fined  $50,000 (further reduced by $16,500) for 174 environmental violations by the Alabama Department of Environmental (mis) Management (ADEM.) That’s roughly $190.00 per violation and the company paid less in corporate fines than an individual would pay for a speeding ticket. The price of doing business in Alabama comes cheap when you screw up. And screwing up is definitely encouraged.

The bastion of (almost) exclusively white brotherly love, the City of Vestavia Hills, is caught showing their religious intolerance and unabashed snobbishness when the faith-based Jimmie Hale Missions tried to become the latest new tenant in the city. Their full of the love of Christ attitude is quite pious as long as "undesirables" stay on their side of town and don’t mingle with the privileged ones in the occupied territory of VH. 
(MP3 file podcast local talker Matt Murphy on WAPI. More podcasts on their webpage)

One Shelby County Preacher makes his case for what Alabama really needs: God, not real ethics reforms. Never mind that we’re 49th in corruption and the state house is brimming over with “good, upright Christian men,” we just need to all get closer to God and the rest will take care of itself. 
We wonder if this Vincent preacher counseled Vincent Mayor Ray McAllister against any private meetings with the town citizens who don’t want their town swallowed up by the notorious Vecellio Group's White Rock Quarries, their mining subsidiary from Florida. The Mayor and Council had meetings a plenty in another county out of sight of their citizens with quarry reps Rob Fowler and Stephen Bradley. Something we've always wondered about is why a Florida rock mining outfit, instead of Martin Marietta or Vulcan, who operate all the other eight quarries in Shelby County? Controversial location for a company well-versed in controversy perhaps?  
Makes sense to us--does it to you?

Governor Mule Bentley (AKA "Dunkey" a cross between a dunce and donkey) shows his true colors to the republican faithful and appoints his "goobernatorial" democratic challenger to head the Alabama Economic Rural Development office, and frankly, we’re shocked they’re shocked. A YouTube clip from Sean Hannity’s FOX show has guest Dick Morris (former Clinton man turned republican shill) pinning the tail on the "Dunkey" on what the good "Badtist" Dr. Dr. really is. Caveat Emptor. We sure do hope Sparks doesn't do for any other rural Alabama community what he did to North Alabama as Ag Commissioner. That would be a real stinker of a move.

Speaking of Bentley, he’s carrying on Riley era economic deals and has announced the entry of a biofuels plant into the Greene County area, the same county that former Governor Riley sent over one hundred state troopers into and immediately put scores of residents out of work and out of luck when he closed down the gambling joint. The biofuels plant, *Coskata, is brainchild of billionaire financier Vinod Khosla, who partnered up with bailout baby GM in 2008. 
The most obvious question to us is this: Why would an enterprising successful entrepreneur partner with a CEO who oversaw the largest corporation in the world to within a hairs width of bankruptcy? GM invested an “undisclosed amount of money” into Coskata in 2008 and then received millions in TARP money the following year. Looks like we paid twice, all of us. Cellulosic Ethanol plants require large swaths of land and maybe an over hyped bio-engineered crop or two, which Monsanto is poised to be an integral part of. 
The word "sustainable" is being thrown about and AlterNet asks if corporations have hijacked "sustainable." The answer is yes, and they are redefining the word to their advantage, hoping the rest of us don't notice. We do.
A sure bet on this is that certain Alabama business men, select politicians and lobbyists will get rich off of this deal whether it pans out or not. The USDA has cleared a $250 million dollar loan for the project that's been in the works for two years. More federal handouts will go to "farmers" who agree to grow crops for biomass use. We're really concerned that the normally environmentally conscientious dems are on board with this. Expect construction to be drawn out through Bentley's term to help him save face on his campaign promises of jobs, jobs, jobs.

On a national level, why did the Obama administration hold over the controversial former EPA head Carole Browner for so long before finally showing her the door?

And finally, how to rack up 557 violations and still be in business. Amazingly, it isn’t an Alabama coal company, it's Massey Energy, who else?

*Coskata is privately held, and to date has been funded entirely by its equity investors, including Khosla Ventures, Blackstone Cleantech Ventures and the Blackstone Group, Advanced Technology Ventures, GreatPoint Ventures, Total Energy Ventures International (part of Total, one of the world’s major Oil and Gas groups, and a top tier player in chemicals), Coghill Capital Management, General Motors, and Globespan Capital Partners.

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Watchdog Group Sues Coal Ash Dump Perry County, Alabama For Access to Records

Impact Perry County, a citizens group, has won one round in their legal fight to gain access to public records against the Perry County Water Authority, and now turns their sights on to the pervasively corrupt Perry County Commission (PCC) led by coal ash cad extraordinaire Albert Turner, Jr.

Perry County has been wallowing in dirty money ever since the PCC approved the mostly minority community to be a toxic waste receptacle for the remnants of the coal ash from the TVA Kingston spill. It was a controversial project from the start, rife with strong potential for nefarious activity, and despite the claims of the county that "the entire community would benefit" from the deal, the only real beneficiaries seem to have been Turner and his buddies.

"We are on our way up, Glory be to God..." Albert Turner, Jr. 

And who else is benefiting? Why the state of Alabama and ADEM of course:

It's no secret: Perry County Commission has made around $1,000,000 in the months since coal ash shipments began coming to the Uniontown landfill facility. When all 3,000,000 or so tons of coal ash have been dredged from the Emory River in Tennessee and trucked to the local landfill, the county's general fund will see about $3,000,000 in extra revenue.
When confronted with concerns about the potential environmental impact of the coal ash on Perry County, commissioners have reminded citizens of this cash infusion's potential benefit to county finances. Testifying before Congress in December, Commissioner Albert Turner went as far as to say the host county fee has transformed Perry County from one of the poorest counties in Alabama to one of the wealthiest.
Alabama's Department of Environmental Management, though, hasn't been quite as vocal about a similar arrangement between that organization and landfill owners throughout the state. During Alabama's 2008 legislative session, the legislature passed a law requiring all municipal solid waste landfills to pay $1.00 to ADEM for each ton of solid waste disposed in Alabama landfills. That fee is part of the state's Recyclable Materials Management Act, which purports to fund community-based recycling programs throughout the state, along with providing operating funds to ADEM.
The state regulatory agency approved the coal ash deal in mid-2009, and began receiving payments shortly thereafter. Like Perry County Commission, ADEM has now made about $1,000,000 off of coal ash being dumped in Perry County, and stands to make at least $2,000,000 more.

Add a particularity distasteful African American lobbyist Greg Jones of the Jones Group, LLC who represented the company behind the landfill, Perry Uniontown Ventures (PUV), to the list of human misery merchants. PUV has since filed for bankruptcy to avoid lawsuits. They took the money and ran and "pulled a Bentley" on their brothers and sisters in Uniontown, with a little help from Stephen Bradley's partner, Guy McCullough and the law firm of *Maynard, Cooper & Gale who also lobbied for PUV.

*(ppg 52 of 83 Alabama Ethics Commission 2010 lobbyists records)

There was benefit alright, to lawyers, PR men, corrupt officials and the company itself, but not one thin dime has improved the quality of life for the people who have to live with this dangerous dump and are suffering because of the avarice of these toxic representatives. 

The fact that this watchdog group has to take legal action to access public records speaks volumes, but they are not the only Alabama community that deals with stone walling by public officials over public records and transparency on a regular basis.

Stars may fall on Alabama, according to the sentimental old song, but sunshine rarely does.

We wish this group great success and will be following this story closely.

Read more here from the Tuscaloosa News

Coal Ash: The Hidden Story -The Center for Public Integrity

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Birmingham News OP-ED Board Gives BARD Big Mules a Swift Kick Over SWMA--Finally!

We're in shock over this one from a newspaper that is usually cowering to the BARD machine and their overbearing and insufferable creator (who is also Governor Bentley's communications director) Stephen "Steve" Bradley, but this time, they got it right. BRAVO!

BARD, it seems, is the new E.F. Hutton.

The Wall Street investment firm E.F. Hutton became a household name in the 1970s and 1980s with its slogan: "When E.F. Hutton talks, people listen."

Today, it's BARD -- the Business Alliance for Responsible Development -- that commands attention. When BARD talks, elected officials listen.

For the past half-dozen years, BARD has been at war with river protection groups over restrictions on building near waterways. And with major developers and large landholding corporations such as Alabama Power Co., Drummond Co. and USS Realty among its founders, BARD has pretty much gotten its way.

Two weeks ago, the new Jefferson County Commission was set to create a new county department to handle stormwater management. "We have to deal with stormwater. The best way to deal with it is to departmentalize it and say we are responsible for it, and we are going to do what we need to do," said Commissioner Joe Knight, who oversees land planning and development.

Then BARD called. 

A resolution calling for the creation of a stormwater management department was pulled from last week's County Commission meeting. 

Read more here

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Guest Commentary-- BBA, Birmingham News, BARD and the Coziness of Special Interests in Alabama Business, Media and Politics

Big Mules in New Wagons
By: Conner Cambran

A seemingly innocuous Associated Press report, New Governor Looks at Changes in Business Recruitment, warrants a re-read and a closer look at Governor-Elect Robert Bentley’s push for a public-private partnership agency to recruit industry to Alabama.

What's the problem with Governor-elect Bentley’s current proposal?

Certainly, Alabama’s business and industry titans could offer valuable advice on how to attract more industry, right? Yes, but wouldn't the Business Alliance for Responsible Development (BARD) and their very powerful members (e.g., Drummond Company, U.S. Steel, Alabama Power, Protective Life Corp, US Steel) also stand to gain an unbalanced degree of power?

Consolidation in economic development is certainly in vogue. The Birmingham Business Alliance was created by merging the Birmingham Regional Chamber of Commerce with the Metropolitan Development Board and Region 2020. Now, Operation New Birmingham may be enveloped by the Birmingham Business Alliance (BBA) as well.

Charles McCrary is not just the chief executive of Alabama Power. He is also the chairman of the EDPA and vice chairman of economic development at the BBA. He is also chairman of Bentley's transition team. Stephen Bradley, BARD creator, is the "message man" for Bentley and his form of messaging is one-sided and questionable at best.

Alabama Power was a founding member of the EDPA and was one of the largest contributors to the chamber, MDB, Region 2020 and ONB. Funding all entities meant the company had to write a lot of checks each year in an attempt to lure new industry -- industry that would consume large amounts of electrical power.

True, successful business/industry CEOs could provide insight on recruiting other businesses or industries to the state. But could BBA members use their power to block competing businesses from setting up shop in the state?  Could they propel certain projects in order to gain contracts for their own companies? 

Some argue that the elevated Hwy 280 is just such a “sweetheart deal” for developer Daniel Corporation. HealthSouth, which still owns 40% of the so-called digital hospital where Daniel hopes to have Community Health System’s Trinity Hospital relocate, for paving contractors, for White Rock Quarries (which will certainly provide the materials for the road work with their ideal location in Vincent, Alabama, a "stone's throw" from Hwy 280), and other BBA members.

The merging of big business and government and/or quasi-government agencies warrants closer scrutiny. An eagle eye, in fact. But don’t hold your breath waiting for the area’s main newspaper (Bham News) to explore the pros and cons of such a union. One of the BBA’s executive committee members, Birmingham News publisher Pam Siddall, was feted by Trinity Hospital and the BBA upon taking the position at the News.

Consider the “merger” of the Birmingham Regional Chamber of Commerce and the Metropolitan Development Board into the Birmingham Business Alliance.

The Chamber formerly boasted of both large and small businesses as members and proudly printed a membership directory.

We don’t know if the BBA counts all of the Chamber’s previous small businesses as members because we cannot find a published membership directory. We do know that Alabama Power, Drummond Company, Harbert Management (formerly Harbert Corporation, an Alabama-based construction company with worldwide contracts) and other heavy hitters are represented on BBA committees by their principals.

In reviewing the list of the BBA’s Big Mule committee appointees at BBA Names New Board Officers, you likely won’t recognize all of the names. Neither do we. But we recognize enough of them to convince us that it’s worth a Google search on the others to just to see how many of the Big Mules are pulling this wagon.

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