New Birmingham water board still at odds over electing officers, outside counsel
The newly appointed Birmingham water board met for a work session Thursday. At the work session, like their first meeting, the board could still not unanimously agree on electing officers. Directors Jarvis Patton and Sheila Tyson urged the other board members to wait.
“We have explained we don’t know anything about each other. Y’all have not attempted to find out anything. The only person that reached out to me is Philip (Wiedmeyer),” expressed Tyson.
“I still don’t know the makeup, the background, the character, I don’t know that,” explained Patton. “Nobody knows mine, so I am saying I still think we need just a little more time.”
While Director Jeff Brumlow felt a temporary Chairman was needed to the lead the board until bylaws are adopted. Director David Stanbridge agreed.
“My suggestion was we elect a temporary Chairman until we develop bylaws for this board ” said Brumlow.
General Manager Mac Underwood chimed in to say to ensure the board is complying with Senate Bill 330, signed into law by Governor Kay Ivey, bylaws have been drafted for the board to look over. The new board is invited to make revisions to the draft. Underwood said the bylaws were drafted by counsel Mark Parnell.
“We have to start somewhere so I asked him to draft some preliminary bylaws and a Certificate of Incorporation so we can at least start that process,” said Underwood.
Underwood and Parnell explained the necessity of electing officers to the board members. The board has a $22 million state revolving loan fund (SRF) application. The loan would fund lead service line replacement. Underwood said the submission requires a name of the board. Birmingham Water Works Board or Birmingham Regional Water Authority. He said the officers would also need to sign the submission. Tyson pointed out, if the City of Birmingham wins their lawsuit, and the board submitted under BRWA, the name would need to be changed.
“We’re kinda in limbo you all, we are trying to best figure out how to operate in this situation,” said Underwood,
Parnell advised operating as a regional board until the courts say otherwise. Enough board members expressed they would like to see the nomination of officers on the next Regular Meeting agenda set for June 2nd. Next the board addressed hiring outside counsel. Brumlow felt this will be needed with the ongoing litigation.
“We’ve got counsel that represents at least five of us in our official capacity down in Montgomery in the lawsuit with Birmingham that needs to be hired and retained. We’ve got local counsel that can give us advice that’s free of any kind of conflict of interests that Mr. Parnell can’t give us that we need.”
Tyson argued the cost would fall back on the rate payer. Again, enough board members expressed they’d like to move forward with the item. Retaining outside counsel will be on the agenda on June 2nd.