Wednesday, February 18, 2015

Keep Montclaire Way Open: The Struggle Continues...

ADDRESS TO THE MOBILE CITY COUNCIL and to Mayor Sandy Stimpson
Delivered at the Mobile City Council Meeting held January 27, 2015
To Mrs. Gregory, President, Mr. Richardson, Vice-President,   City Council Members and to His Honor, Mayor Stimpson, 
Good Morning.  I would like to thank City Council for allowing my neighbors and me to address the Council.  We are here to present to the Mobile City Council and to Mayor Stimpson our   petition from the Airmont Montcliff Neighbor’s Committee to Keep Montclaire Way Open.
When you watch the film Selma, I would like you to pay particular attention to the scene in which the marchers are being given bag lunches.  The march began in Selma with 300 people and grew to thousands over the 5 days. Those American citizens who were marching ten miles each day were hot and tired --but they were not hungry.
My mother used to say “An army marches on its stomach.”  The marchers ate two HOT meals every day, and they were given a bag lunch:  a peanut butter and jelly sandwich, a carton of milk and a piece of fruit.
At 2:30 in the morning for those five days Mrs. Bernice Morton, rose while it was still dark and led her crew of church women to prepare two  hot meals  which were sent by truck to the marchers on Highway 80, between Selma and Montgomery.
For her contribution to the Civil Rights Movement, my mother Mrs. Bernice Morton was recognized by the Southern Christian Leadership Conference with the Drum Major for Justice Award on April 4, 1989.  She was seated on the stage in Atlanta next to Attorney Morris Dees of the Southern Poverty Law Center.  He is the attorney who successfully sued the Ku Klux Klan on behalf of the mother of Michael Donald, the last African American man lynched in Mobile, Alabama.
I was not on the Edmund Pettus Bridge on Bloody Sunday, but one of my school mates was: Myra Dawson suffered a broken leg after being trampled by the Sheriff’s horses.  She was 11.  
I remember how it felt to grow up in a city divided—sometimes divided by heritage …and sometimes divided by walls and gates-- but by an 8- foot wooden privacy fences … down the middle of a residential street?
One day my husband just decided to turn onto Airmont Drive and look for houses for sale in the neighborhood.  We were living at the time on Michigan Ave and we wanted to live in a neighborhood where our children could ride their bicycles safely.
We bought our home at 757 Airmont Drive in 1996.  We chose that house in that neighborhood because it had beautiful tree lined streets; homes manicured lawns, free from crime:  a very safe neighborhood.

We raised our three young Huntes who are now adults in the Airmont Montcliff neighborhood. They all graduated from Davidson High School, and they were able to bike, and jog on Montclaire Way.   I taught two of them how to drive on Montclaire, Montcliff Drive, and they were able to practice turning right at the Airmont sign at the Azalea Road entrance to our neighborhood.

When our new grandson Owen visits us here, I want him to be able to walk and ride his bike on Montclaire and Montcliff Drives in the neighborhood where his father grew up. Of course for a while we will be pushing his stroller as he was born Thanksgiving week of 2014.

We are fighting this fight to maintain the integrity of our neighborhood as it existed when we bought our home, and by Alabama law we are entitled to that neighborhood integrity.  We want the neighborhood children to continue to enjoy the safety of our neighborhood streets--just as ours did.  We want the Fonde Elementary School children to travel the safe streets of our neighborhood as they walk to and from school each day.
Walking from Azalea Road via Cottage Hill Road at Airmont Drive can be very dangerous. In fact even driving at this intersection is dangerous—can even be fatal.
 Mayor Stimpson,  you should encourage  everyone  to drive on Airmont Drive and Montclaire Way because they would see an example of what a neighborhood should look like.  We appreciate our neighbors for doing their parts, to keep our neighborhood attractive and safe… and Mr. Mayor...If you have never driven though Airmont/Montcliff... you should.  It is a part of your city --the city of Mobile --of which you could be most proud.

We members of the Airmont Montcliff Neighbors' Committee to Keep Montclaire Way Open (ANC KMO) would never think of trying to prevent anyone from driving on any of the streets of our neighborhood.  Regarding Airmont Drive itself, ours is the only house on Airmont Drive-- this lovely little one-block long street that serves as one of two entrances to the Airmont Montcliff Neighborhood.  My husband and I are the only ones who actually live on Airmont Drive.

Let me close by saying to the Mobile City Council and to Mayor Sandy Stimpson:

I join with all my neighbors who have come here today to bring one clear loud voice of reason and concern before this body in opposition to closing Montclaire Way.  It is absolutely not in the public interest to close Montclaire Way. In fact it is against the law in Alabama to deprive property owners of reasonable access to their homes.  It is against the law in Alabama to vacate—that is give away to private citizens the public streets of Mobile—unless every abutting property owner agrees.  It is the law in Alabama that a person who buys property that had a designed street plan when they buy the property, that person has the right under Alabama law to have that street plan maintained in its integrity as it was when he purchased the property.
We bought our home with two entrances to our neighborhood: Airmont at Cottage Hill Road and Montcliff Drive at Azalea Road. Alabama law says—upheld by the Alabama Supreme Court—that we are entitled to have those access roads to our property maintained as they were in place when we purchased our home.  This is the right of every property owner – the other 80 (eighty) families who live in Airmont Montcliff neighborhood.

It is only in the interest of a select few affluent people who seek to separate and segregate two abutting neighborhoods that have been and are contiguous.  You cannot drive on Montclaire Way and decide that homes west of 3900 Montclaire Way are somehow substantially different than homes east of 3900 Montclaire Way.

Those 26 homeowners who live on Montcliff Drive and Montclaire Way west of 3900 Montclaire Way want to separate divide a street Montclaire Way in half!  They want to divide by an 8- foot wooden privacy fence--the type relegated to back yards--one half of Montclaire Way from the other, with the dividing line being Airmont Drive where it abuts Montclaire Way at 3900 Montclaire Way.

The claim of the 26 -- the members of the Airmont Homeowners Association (AHOA) is that dividing Montclaire Way will "cut down on traffic, crimes of opportunity" committed implicitly by the "non-resident motorists" who drive the public streets Airmont Drive, Montclaire Way and Montcliff Drives.

First, Airmont Montcliff is one of the most crime free neighborhoods in Mobile—and not just in Mobile, but anywhere! There were in 2013 exactly two (2) crimes reported to the police from the 26 homes covered by the AHOA: one burglary and one theft of property.

There were 39 service calls to the police from the same homes for 2013. Service calls to the police are not reported as crimes unless there are actually crimes committed which are then investigated by the police who produce a report, called by the MPD a Crimes Reported Report.

The service call data which is what AHOA presented to the City Council as evidence of all the "increased crime" that vacating Montclaire Way would allegedly solve-- that report showed 39 calls to MPD. But what were the calls for?  Forty percent (40%) of those calls were for burglar alarms going off for no apparent reason: no crime, no crime reported.  Two calls were for hang ups to 911.

NONE of them--none of the 39 service calls were for actual crimes, though one call was for domestic violence-- but because of the nature of that offense the details are not made a part of the publicly reported data provided to ANC KMO by Mobile Police Department (MPD).

It is extremely unlikely that some neighbor driving through the neighborhood is responsible for that service call for domestic violence. Possible-- but not very likely, is it?

The other allegation of AHOA is that there is "cut through traffic" on Montclaire Way and Montcliff Drive. I am unaware of any definition of "cut through traffic" that pertains to driving on residential streets in a neighborhood made up of public streets.

If a person traveling west on Cottage Hill Road turns right onto Airmont Drive and then turns left onto Montclaire Way, how does anyone know where that person is going, why they are going there...and whose business is it anyway?
The driver could be a resident of Montclaire way or Montcliff Drives. They could be a visitor to a resident. They could be a service worker, a care-taker, and employee of a resident. Or they could be driving around looking for homes for sale: there are 3 homes on the market on those two streets. They could be driving to Azalea Road to reach a traffic light to be able to travel on safely.
Who knows?   Whose business is it?
Do the 26 have any right to know which Mobile Citizens travel on Montclaire Way and Montcliff Drives and for what purposes?  Clearly given the paucity of crimes-- two in 2013- they drivers are NOT IN FACT “casing homes to result in crimes of opportunity”  as alleged by AHOA: police Reported Crimes Report of the MPD does not bear that out. There is no crime wave on Montclaire Way and Montcliff Drives. Period.

So now, if there is no crime wave and no evidence that any one driving on those two streets are committing any crimes, what other reasons could there be for AHOA objecting to anyone driving on those two streets?  There is the allegation that the increased traffic-- which is not borne out by the facts--is leading to increased traffic accidents on Montclaire Way and Montcliff Drive. Where is the evidence for that?
There is an extremely dangerous intersection abutting our neighborhood and that is the intersection of Cottage Hill Road at Airmont Drive. There have been two fatal car crashes that I personally know of-- one in which my husband and I rendered first aid to the crash victims on October 26, 2008.
Two cars carrying multiple passengers collided head on.   A toddler was ejected from the vehicle traveling east on Cottage Hill Road: the child expired.
The proposed closure of Montclaire Way would not in any way address that dangerous intersection-- unless it would make it even more dangerous.  For the 80 families who live east of Airmont at Montclaire Way to be deprived of use of Azalea Road via Montclaire Way, would mean they would be using Airmont at Cottage Hill Road to exit our neighborhood. That would INCREASE the congestion at that already busy intersection.

The proposed, planned, and voted on closure of Montclaire Way would have consequences for pedestrians too. First, the 8-foot wooden privacy fence to be erected in the middle of Montclaire Way at Airmont Drive would prevent pedestrians from walking from Montclaire Way, Sherringham Drive, and Airmont Drives from our homes to the Azalea Road entrance of our neighborhood.
 My husband and I walk for fitness and from our home to Azalea Road sign that reads Airmont and back is one mile. Many other neighbors walk for health, or walk their dogs, or push their kids in strollers or jog that route. These three streets very safe residential streets on which to walk.
Why? No traffic. Seeing one car is typical, seeing two cars is unusual-- if one saw three cars on a stroll along those two streets there must be a parade.
The children who attend Fonde Elementary School and live on Sherringham Drive, Montclaire Way, Marcus, Markham, and other streets east of Airmont Drive at Montclaire Way walk to school on these two streets: Montclaire Way and Montcliff Drive. They access Azalea Road and walk the half a block to the light at Cottage Hill and Azalea where the school crossing guard sees them safely across Azalea Road.
If the voted on closure of Montclaire Way occurs those children 5th grade and under would not be able to walk the safe residential streets with minimal vehicular traffic of Montclaire Way and Montcliff Drive. No, they would be forced to instead travel the one block from Azalea at Cottage Hill Road down the narrow uneven sloping shoulder of Cottage Hill Road from Azalea Road to Airmont Drive, where they would have to navigate that deadly intersection in order to reach Montclaire Way east of the planned closure at Airmont Drive in order to continue to walk home.
Would you want your 5th grade or younger child to walk even the one block along Cottage Hill Road? Would you want any child to walk along a major thoroughfare where cars legally travel at 40 miles an hour? Would you yourself want to walk an uneven sloping narrow shoulder inches from cars traveling at a high rate of speed?

To force elementary school children off safe residential streets with virtually no traffic onto the shoulder of a major east west "highway"-- could there be any good reason for such an action? Could that possibly be in the public interest in any way?
Would you want that for your children?   Or for that matter should that be the case for any child in Mobile?

Members of the Mobile City Council, you should not allow it. Your morality and good common sense and governance demands better for our city.

Thank you.

(Editor's note:  This address was delivered by Janice Morton-Hunte, M.D., on behalf of herself, her husband and the members of ANC KMO to the Mobile City Council and Mayor Sandy Stimpson January 27, 2015. Remarks edited and amplified here. Address to the City Council meeting was limited to five minutes.--Janice Morton-Hunte, M.D.)

Editor’s note: From Wikipedia:  Michael Donald (July 24, 1961 – March 21, 1981) was a young African American man who was murdered by two Ku Klux Klan members in Mobile, Alabama, in 1981. The murder is sometimes referred to as the last recorded lynching in the United States.[1

Editor's Note:  KeepMobileOpen.Com is the Facebook Page of the Airmont Montcliff Neighbors' Committee to Keep Montclaire Way Open. Please visit our page, like us and follow us.