Photo by Solomon Crenshaw, Jr.
Chris Lane
Chris Lane’s effort to get an attorney general’s opinion on the residency of the Homewood city manager was defeated on a 4-1 vote on Monday night.
Homewood is in its first term under the Council-Manager Act of 1982, which says the city manager must live within the city limits. Lane has said the city shouldn’t be limited by geography in pursuit of the best candidate for the job.
The first-term councilman acknowledged that the attorney general’s opinion would not change the recent hire of Cale Smith as the city’s first permanent city manager. He said Homewood should “broaden our horizons.”
“We shouldn’t restrict it to 8 square miles,” said Lane, referring to the land area of Homewood.
There was a pregnant pause before Nick Sims seconded Lane’s motion, thus opening the floor to discussion on the matter. The motion failed on a 4-1 vote; Lane was the only council member voting in favor of the motion.
Sims expressed concern that the attorney general’s opinion could bind city leaders, which, he said, could be detrimental. He added later a concern that the attorney general’s opinion could require that the person hired live in the city on the first day of employment. Currently, a newly hired city manager would have a grace period to find a Homewood residence.
“Homewood deserves to pick somebody who lives just across the street, in Mountain Brook or, say, Vestavia, who cannot find a house in Homewood,” Lane said. “They may have a beautiful home in Vestavia, or down in Pelham. [The city manager] is the only official in the City of Homewood who is required to live in Homewood other than elected officials.”
City Attorney Keith Jackson reminded the council that the proposed letter to the attorney general would consist of five interpretive questions and the AG can’t change the law but “can offer a nonbinding interpretation that’s given a lot of deference by courts.”
Jackson added that he twice sent a “privileged” email to the council with a list of pros and cons “that I will not restate in public.”
Later, the council heard first readings on two matters: a request to prohibit parking on the western side of a portion of Linden Avenue and a proposed amendment to the ordinance concerning the Zoning Board of Adjustment. Each matter will be addressed at the March 23 meeting.
The council approved the mayor signing an agreement between Homewood, Mountain Brook, Birmingham and Jefferson County regarding the eventual comprehensive Hollywood Boulevard bridge improvement construction project. Mayor Jennifer Andress said that agreement comes with no additional payments from Homewood.
“We made a payment in 2018 but nothing moving forward,” she said. “This is Phase 1, the sidewalk.”
The first phase also includes pedestrian access on the bridge.
In other action, the council:
- Declared surplus certain miscellaneous library items.
- Approved Jack & Jill’s use of the City Council chamber.
- Granted permission for the March Madness Crawfish Boil to be outside The Battery at 2821 Central Avenue. The event, from 10 a.m. to 5 p.m., benefits Restoration Academy.
The next regular Homewood City Council meeting is March 23.
