New regional Birmingham Water Works Board rescinds $1 sale to city on split vote

The Birmingham Water Works is not for sale, a majority of members of the newly seated regional board declared Wednesday evening.

A schism between Birmingham and suburban members of the new regional Birmingham Water Works Board was clear involving issues regarding board leadership, litigation and the future of the utility during their first meeting. All members of the seven-member board were appointed by Tuesday.

The board voted 5 to 2 to rescind last week’s action to accept an offer from the Birmingham City Council to sell its assets to the city for $1.

That agreement was designed to thwart a new law that reconfigured the board into a regional entity that reduces the city’s influence on the utility.

But the former water board last week voted to approve the deal from the city hours after Gov. Kay Ivey signed the legislation into law that dissolved that body and created a new board.

“Taking this action is simply a demonstration that this board is going to follow the law,” said Phillip Wiedmeyer, a new member from Jefferson County. “The previous board met and took this action after they had been dissolved.”

The resolution to rescind the sales agreement was heavily debated with Birmingham members Jarvis Patton and Jefferson County Commissioner Sheila Tyson pushing back on the action.

The next meeting regarding the fate of the water works will take place in a Montgomery federal courtroom.

A judge will hear arguments from the city to toss the state law that created the new board that gave suburban areas more representation at the same time as it diminished Birmingham’s authority.

Wiedmeyer has filed a federal lawsuit seeking to block any action taken by the previous board since his appointment to the regional body.

Also, the city of Birmingham has sued to block the law. A hearing in federal court is scheduled for Thursday in Montgomery on the city’s request to block the law.

“Is there any reason we can’t wait?” countered Jarvis Patton of Birmingham, adding that the hearing was just a day away.

The motion to rescind the sale activity eventually passed on a 5-2 vote with Birmingham members voting no.

The atmosphere was tense, starting with a question over who would serve as chairman among a group of people who largely do not know each other.

The board eventually delayed appointing a temporary chairman after strong objections by Jarvis Patton and Jefferson County Commissioner Sheila Tyson.

“It seems as if the plans are already out there,” Patton said. “I would hope that we could get off to a better start than what we are doing. Everybody doesn’t seem to be acting in good faith.”

The first gathering began with debate over board leadership, bylaws and how meetings would operate. General Manager Mac Underwood was absent Wednesday evening but participated remotely.

The board also tabled all items related to paying invoices including those for communications, engineering, political lobbying and legal fees. The board also tabled an item to hire an outside lawyer.

Board members also agreed to a work session where they may go over items as well as making time to get to know each other.

“I think we’ve got a great board,” Jeffery Brumlow, a Shelby County appointee, told AL.com after the meeting. “Everybody brings a different skillset to it.”

State Rep. David Standridge, a Blount County appointee, agreed that the board needed to get to know each other, but some items were needed immediately, he said.

“We still have to do some business,” he said. “This went fairly well under the circumstances.”

On the other hand, Tyson left with a different perspective as one of just two Birmingham members on the new authority.

“It’s going to be a difficult time for Jefferson County,” she said.

Tyson also questioned whether the other new board members had access to information and communication before the first meeting.

Nevertheless, she maintained that the water system, regardless of its name or new board configuration, is a Birmingham asset.

“It is Birmingham’s water,” she said. “Every asset. It belongs to Birmingham.”