Alabama
Secrecy agreements fuel pushback of $14 billion Alabama data center
The plan to build a $14 billion data center south of Birmingham continues to fuel pushback and complaints about secrecy.
The mayor and city attorney in Bessemer confirmed to AL.com that they signed non-disclosure agreements tied to Project Marvel, the codename for the data center project.
But the city denied an open records request from AL.com to release copies of the NDAs to the public. They also declined to provide email communications between the mayor, city attorney, and the project’s developers and attorney dating back to 2024.
“The City must respectfully decline to produce non-disclosure agreements, attorney-client privileged communications, or other records that fall within the above categories,” said Wanda Taylor, the city clerk, wrote in a certified letter to AL.com. “We remain committed to complying with the Alabama Public Records Act while also protecting the City’s legal interests, confidential negotiations, and the public good.”
The data center project is still in the early stages of the zoning process with the city. But the development proposed by Logistics Land Investment LLC, owned by Atlanta-based TPA Group, would include 18 buildings on rural timber land in Bessemer, near unincorporated county limits. Residents surrounding the site, as well others nearby, have packed out public meetings, raising concerns over constraints on water and power, pollution, disturbance to wildlife and traffic.
Ron Morgan, one of the 18 landowners that surrounds the 700-acre site where the data center campus is planned, said he believes there should be a state law that bans public officials from signing NDAs like this.
“Why are public municipalities signing NDAs when you’re discussing public money and the things that are going to directly affect the public? How can you get away with signing an NDA where you can’t be open and honest about what you’re doing?” Morgan told AL.com. “That’s just wrong.”
Aaron Killings, the city attorney in Bessemer, defended the NDAs as “not unusual at all” for economic development projects.
“Consider anything. Amazon, Mercedes, any large company that’s coming in that is looking at a particular piece of property or they’re looking to close a certain type of deal, you don’t make that publicly known,” he said in an interview with AL.com. “It could compromise their position and/or the city’s. That’s common in the industry.”
Mayor Kenneth Gulley added that the non-disclosure agreement he signed is no longer relevant.
“Initially, we did sign an NDA, but that was the interim,” Gulley said. “It was specific in the early days when we were trying to get Project Marvel off the ground, but the NDA wouldn’t even apply.”
David Cuillier, director of the Freedom of Information Project at the University of Florida, said non-disclosure agreements are a “common roadblock” for keeping the public informed.
“NDAs aren’t supposed to hold any sway (an agreement can’t trump the state public records law),” Cuillier told AL.com. “But they often use trade secret exemptions or other tactics to keep the information secret.”
‘Pure intimidation’
Residents packed out Bessemer’s most recent public hearing involving data center development to find new security measures at City Hall.
Things heated up on the evening of Oct. 7 when Bessemer police officers greeted people as they entered City Hall for the meeting just a day after the city had issued a public statement backing the data center project. Cops were stationed next to a metal detector at the front door, and more officers scanned anyone who tried to enter the council chambers with handheld devices.
Twenty minutes before the meeting was scheduled to start, the room was already full. The rest of the crowd was directed to an overflow room with a livestream.
The meeting started with a prayer for peace. The city council voted in favor of allowing data center projects generally to develop on land zoned for industrial use.
Morgan called the heightened security measures at Tuesday’s meeting “pure intimidation” for residents and said it appeared that the project was already a done deal, prior to a vote.
“They don’t want to listen to anybody,” he said outside City Hall after the meeting. “They’re going to do exactly what they want to do, regardless of the results, regardless of the consequences. All they see is money.”
The city took to Facebook a day earlier to tout its “full support” for the project, calling it “one of the most important economic opportunities to come before our city in years.”
Bessemer also sparred on Facebook with critics of the project, stating that people opposing the project live in unincorporated Jefferson County, but that the city’s residents support the development.
“It is okay to be in opposition of a proposed development, just try to do it without accusing an official of unethical practices,” the city said in response to one comment. “The NDA was only in reference to the financial impact the proposed development would bring to the city, county, and state. Now that amount has been made public knowledge.”
The city’s post did not specify that amount.
It’s unclear if any members of the city council or other city staff have signed non-disclosure agreements tied to the development. Killings, the city attorney, said he didn’t know. Members of the seven-person council either did not respond to questions or declined to answer.
But Killings said that some members of the city council have traveled out of state to view currently operating data centers, and that the council “takes it very seriously” and is responding to “public outcry.”
In September, the NAACP sent a letter to Bessemer’s planning and zoning commission expressing concern over the project and lack of public notice about meetings on the matter, asking for copies of written communications and any agreements between the city and the developer.
“We call for full transparency of the impacts of the data center on this community,” the Sept. 16 letter reads. “We have had a hard time finding any agenda information regarding meetings and any advance notice that is easily discernable to the public for input.”
Access to records
AL.com on July 16 sent a records request to Bessemer seeking the NDAs and emails.
More than two months later, Bessemer City Clerk Wanda Taylor rejected it in a certified letter dated Sept. 26, adding that if there were any records that weren’t exempt, the city would provide them.
“Non-disclosure agreements (NDAs) and related documents executed with private parties in connection with economic development projects may contain confidential trade secrets or sensitive business negotiations,” Taylor said in the letter. “Alabama law does not require disclosure of records where release would impair the City’s ability to attract industry or economic development.”
Taylor added that the Alabama Supreme Court allows for “exceptions to disclosure where release would be inconsistent with the public interest.” She also noted that the 18-month period of requested emails qualifies as “unduly burdensome.”
Alabama rates as the least transparent state in the country when it comes to public records compliance, Cuillier said.
Generally, Alabama’s secrecy means that someone requesting information will get it only 16% of the time, have to wait 182 days, and will be charged a $12,000 fee, on average, per MuckRock data.
“The issue is even more important now as huge data centers are proposed in communities, which could consume a ton of water and electricity,” Cuillier said.
Public meetings
Bessemer’s public meetings on the project thus far have gone before the planning and zoning commission, as well as the city council, multiple times.
None have been recorded or livestreamed to be accessible online.
The rooms are also limited to the public, oftentimes filling up to capacity before the meeting starts. Fire department personnel typically cap the room at 60 people, as other attendees end up crowding the hallway and stairwell outside the meeting room.
Other groups have called on the city for more transparency in the public hearing process.
A group of three residents who live near the property have alleged in a lawsuit filed in April that the city broke the law ahead of the planning and zoning commission’s initial meeting in March. The lawsuit claims the city didn’t notify all of the residents who own property within 500 feet of the site and also posted different dates for the commission meeting.
The city defended itself, claiming it had provided adequate notice. But it sent the vote back to the planning and zoning commission to restart the process over the summer.
Now, that lawsuit has been continued to December, court records show.
What’s next?
The city council’s next public hearing on the rezoning request for Project Marvel is scheduled for Nov. 18 at 9 a.m.
The developer is proposing the $14 billion project as a 4.5 million-square-foot campus on nearly 700 acres of rural land on Rock Mountain Lake Road.
Killings emphasized that the project’s development is still in the early stages.
“All we’re doing right now is just rezoning the property, and this is just a step in that direction,” he said. “Should the property get rezoned, then the developer is going to be required to meet all the environmental and other concerns that the public seems to have on this.”
If that’s approved by the council, then next steps would include approval for a building permit, plus state and federal environmental permits, approval from the state’s transportation agency, and more approval from the county for water and sewage facilities, Killings said.
“I think the biggest hit that the city has taken is that they have silently endured a bit of a beating in the press, that they are not concerned and that they won’t disclose any information,” he said. “Well, they are concerned, and they are doing their due diligence over this.”
“How the vote will go, we’ll have to wait and see,” he added.
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Alabama
8 Of The Quietest Alabama Towns
Alabama is one of the premier places to find a quiet stop, as many small towns offer calm, peaceful communities, such as Mentone and Magnolia Springs. Yet, in these towns, there are still plenty of things to do and a rich history to appreciate. For instance, fans of authors Harper Lee and Truman Capote will delight in the literary offerings found in Monroeville. Whether it’s dining on the delicious seafood of Bayou La Batre or taking in the gorgeous white sand beaches of Orange Beach, you won’t regret slowing down or spending the night in these eight quietest Alabama towns.
Bayou La Batre
Resting along the Mississippi Sound on the northern Gulf Coast is Bayou La Batre. Widely recognized as a fishing village, the town has also earned its name as the Seafood Capital of Alabama due to the large number of annual events celebrating fishing, along with many restaurants serving delicious seafood. The Blessing of the Fleet is their largest event (held on the 2nd and 3rd of May) that draws crowds from all over to enjoy good seafood and good company. Today, these events have expanded to offer Vietnamese Cuisine, a Gumbo Cook-off, an Arts & Crafts Show, a decorated boat show, and so much more. If you miss the event, not to worry. Places like Catalina Bayou are always ready to serve up delicious, local seafood.
With the town being a fishing town, naturally, there are plenty of places to fish. Sitting on the edge of the Gulf of Mexico (Gulf of America), visitors have ample opportunity to catch their own fish, with the waters being the perfect backdrop. Alternatively, packing a lighter lunch or a picnic would be perfect to have while spending some time at Rolston Park. The park features a playground for kids, along with a covered gazebo with picnic benches. The winding sidewalks throughout the park offer a beautiful view of the Gulf of Mexico for a post-meal leisurely activity.
Guntersville
Considered in 2022 to be one of the South’s Best Lake Towns, Guntersville is widely known for easy lake living, miles of shoreline, and a place to find plenty of peace and quiet. Lake Guntersville State Park is a testament to that, offering 6,000 acres of natural woodlands and 36 miles of hiking and biking trails. In addition to being surrounded by the state’s largest lake, there are ample water activities, like kayaking through Hambrick Bat Cave. From May to October, thousands of bats emerge from the cave at night, and a good local pastime is to kayak or boat nearby to watch the bats go out into the night to hunt. And after spending a day on the water and exploring the sights, head over to the Old Town Stock House for a delectable treat. With the two primary chefs studying out of state, chefs Crystal McKone and Tom Colicchio returned to Guntersville to helm this upscale Southern American restaurant, serving seasonal dishes with the freshest catches and adding a Southern twist to fine-dining staples.
Greenville
For travelers curious about why Alabama’s state flower is the camellia, the residents of Greenville are responsible for that. Setting that bit of history aside, Greenville, like the camellia, has a lot of beauty for those willing to seek it out. For starters, the golf courses at the RTJ Golf Trail at Cambrian Ridge are a mixture of challenge and stunning scenery. So much so that several award-winning players and widely known golfing events are held there. In the evening, that Greenville beauty is captured in places like the Ritz Theatre, where pageants, concerts, and theater productions are held in those halls as they were during the 1950s and 1960s. And some of that beauty even passes to the local restaurants in Greenville, such as Bates House of Turkey. As one might suspect, the restaurant takes several creative liberties with serving many turkey-themed dishes like turkey sandwiches, turkey soup, and even turkey casserole. All of this is sustained by the Bates Turkey Farm, which, since 1923, still raises free-range turkeys and markets the various products locally and through an online catalogue.
Magnolia Springs
For those who love the Alabama beaches, the name Magnolia Springs might be familiar, as the town has served as a gateway to those coasts. Choosing to stop here over the beaches, however, rewards you with a beauty and peace unlike any other, so long as you plan for it. The heart of Magnolia Springs is its Victorian Bed and Breakfast, which offers nothing less than a taste of Victorian-era elegance for those who choose to stay there. With only five rooms available, it’s best to book in advance. In addition, one of the most iconic places to dine is the renowned Jesse’s Restaurant, where they serve Gulf-fresh seafood and other delectable dishes that you’ll want to reserve in advance. Setting those aside, Magnolia Springs offers plenty of scenic beauty through its handful of quick, easy trails, such as Magnolia Landing. As brief as they may be, the beauty of it all demands you slow down and take in the natural beauty of it all.
Mentone
Nestled within the woodlands of Lookout Mountain, you’ll eventually find yourself in Mentone. Perched on the highest point in the state, Mentone offers gorgeous views and is so remote that only a little over 300 people call it home. Nevertheless, it’s home to a surprising amount of tourist attractions and ways to unwind, such as the Cloudmont Ski and Golf Resort. The resort is uniquely positioned because it’s the only ski resort in the entire state; however, it’s diverse enough to serve as a golf course during warmer weather, too. The aforementioned Lookout Mountain is also great to explore, with scenic mountain-top views alongside a 104-foot waterfall. For full relaxation, regular yoga sessions are offered at DeSoto State Park and St. Joseph’s on-the-Mountain Episcopal Church for a nominal charge.
Monroeville
For those with a deep love of literary history, Monroeville shouldn’t be overlooked, as it was home to two iconic literary legends: Truman Capote and Harper Lee. Both childhood friends, the two ended up writing the iconic novels In Cold Blood (by Truman Capote) and To Kill a Mockingbird (by Harper Lee). That being said, Lee’s book and her memory are more often displayed through a variety of museums and monuments throughout town.
The Old Courthouse Museum offers an opportunity to be sucked into Lee’s world, as its design inspired the courtroom in the novel. In a similar line, the Old Monroe County Bank Building served as the home of A.C. Lee’s law office, where Harper Lee wrote portions of her book.
Even though she drew inspiration from those places, her work continues to inspire others around town, as visitors can see to this day. The history of Lee can be found in parks like Lyle Salter Park, a downtown area serving as a marker about Monroeville as well as murals depicting various scenes from Lee’s book. This is in addition to the To Kill a Mockingbird Play, which runs from late March to early May on weekends.
Orange Beach
While there are plenty of beach shores to explore in Alabama, one of the best and quietest ones to explore is that of Orange Beach. Unlike the name, the beaches have nothing but white sand and turquoise blue waters at their Gulf Shores. Exploring the town is also highly rewarding, as there is a nearby Waterfront Park with paved walking paths, a kids’ park with slides, shade structures, climbing areas, and a fishing pier, as well as a few restrooms and several picnic shelters.
History enthusiasts can also enjoy the area as well, with the Orange Beach Indian and Sea Museum being a place to delve deep into Native American culture. And after you’re done exploring, head over to The Wharf for a wide array of shopping and dining options.
Dauphin Island
One of the five Mississippi-Alabama barrier islands, Dauphin Island is only 15 miles long from east to west but offers an island retreat unlike any other. Out of all the fishing areas, Dauphin Island is by far the most secluded, with the waters free to explore for fishing, kayaking or paddleboarding with Blue Heron Kayaks & Stand Up Paddleboards. Another popular spot to explore on dry land is the Audubon Bird Sanctuary, a 164-acre plot with walking trails through pines, live oaks, magnolias, and swamps and home to egrets and herons for viewing. For a quick bite, a stop at BGH Cafe is an option. The cafe specializes in Paninis, Po-Boys and Wraps with old-school soft-serve ice cream and malts. Conveniently located right at the Ferry Boat Landing, it’s hard to miss this quaint take-out restaurant.
From the secluded areas of Dauphin Island to the mountain village of Mentone, Alabama has diversity in its quiet spots if travelers are willing to take some back roads to get to them. Nevertheless, those adventures are rewarded with a remarkable dining experience at Magnolia Springs or with the beautiful, calm waters of Guntersville. Combined with locals welcoming you with that infamous southern hospitality, you will want to check out all the Yellowhammer State has to offer before too long.
Alabama
No. 5 Alabama Gymnastics Misses Out on Nationals for First Time since 2023
Alabama gymnastics was one of the top-five teams in the nation all season, but it will not be one of the last eight teams competing for a chance at a national title.
The No. 5 Crimson Tide finished in last place at the Corvallis Regional Final with a score of 197.175, its second-lowest of the season. No. 4 UCLA (197.725) and No. 13 Minnesota (197.625) will be advancing to nationals in Fort Worth while No. 12 Utah’s (197.500) season ended Sunday night alongside Alabama’s.
“I’m really proud of our team tonight,” Alabama head coach Ashley Johnston said after the meet. “This was pretty much the toughest regional in the country to be at. This team has been No. 3 and 4 in the country pretty much all season long, one of the most consistent teams, 197+ in every competition this year. I think every single person that has watched this group sees the culture, sees the camaraderie, the connection of what we have built to be one of the most consistent teams, and so it was a great competition tonight. I think all four teams could be national champions. There’s just so much talent, so much competitiveness on the floor, and unfortunately it wasn’t our night to move on tonight. These moments are really hard, but at the same time, it’s really important to bring the team together and say, what can we do, and what will we do? The sun is gonna come up tomorrow. There will be lessons learned. There will be fires ignited to find our next step.”
This is the first time Alabama’s season has ended in the regional round since 2023. The Crimson Tide has not made it to the final night of NCAA competition since 2017.
In what has been a theme for the Crimson Tide the last five meets, there were no major mistakes that caused the team to completely fall apart, but all the little mistakes added up to too many deductions with things like hops on landings, bad form on leaps or balance checks.
Alabama was in last place heading into the final rotation, trailing the second-place spot by three tenths. The top-two teams advance to nationals. It was a sizable deficit, but the Crimson Tide was heading to its best event on the uneven bars. Alabama was putting together a strong bars rotation, but unfortunately for the Crimson Tide, the teams ahead of it in the standings were putting up good scores as well.
The Tide needed near perfection from Chloe LaCoursiere and Azaraya Ra-Akbar, who are ranked No. 1 and No. 2 respectively on the event. LaCoursiere had not scored below a 9.875 on the bars all season but stumbled forward on her dismount, effectively ending any hopes Alabama had for a comeback.
“We wanted to end on one of our highest-scoring potential events, which was bars,” Johnston said. “I think starting on beam, starting fierce and aggressive, was the right move for our team. I think they were really excited coming off that event. I think finishing on bars, they finished really strong, too. There was a lot of stuck landings, a lot of hit handstands. It was hard to push over that 9.9 threshold for whatever reason, but I thought from a performance standpoint, they really gave it everything and put on some great performances.”
Alabama opened up the meet with a 49.325 on the balance beam, which was a big improvement from the opening round of regionals on Friday and seemed to have some positive momentum heading into floor exercise.
The Crimson Tide needed a big score on floor exercise to have some cushion heading into the back half of the meet, probbaly in the 49.500+ range. Alabama was ranked No. 2 in the nation on floor and had the capability of putting up a high score. Instead, there were some tiny mistakes throughout on leaps and landings that led to a team score of 49.350, tying the lowest score of the season on the apparatus.
Alabama was in third place heading into the third rotation on vault, but it was only trailing second place by .075. Vault has been the Tide’s toughest rotation all season, but it was an opportunity on Sunday to gain some ground. Freshman Jasmine Cawley started the rotation out with a bang and stuck landing on her Yurchenko 1.5. But Jamison Sears fell in the second spot, and other gymnasts had some big hops. Kylee Kvamme was a last-minute insert and stuck her Yurchenko 1.5, earning a 9.925, which was Alabama’s only score above a 9.9 all meet.
A once promising season ends in disappointment for the Crimson Tide. Alabama was so consistent and steady all year long, but its scores slowly declined the last few weeks of the season in Year 4 under Johnston. The Crimson Tide’s season reached its peak in mid-February with back-to-back 197.950s, and Alabama never came close to that score again.
No one from Alabama qualified as an individual to compete at nationals for an individual title. This marks the end of the collegiate careers of outstanding four-year contributor and individual SEC champion Gabby Gladieux along with Corinne Bunagan, Karis German, Jordyn Paradise, Natalia Pawlak and Rachel Rybicki.
“I’m just so proud of our seniors,” Johnston said. “They will go down in history as leaders of a culture transformation, of building what Bama Gymnastics 3.0 is all about… I think every single one of them should hold their chin up and be proud of what they accomplished all year long. We’ll keep fighting as Bama always does.”
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Alabama
Alabama State Parks adds glamping tents at Oak Mountain amid growing demand for comfortable outdoor stays
Alabama State Parks has added new glamping tents at Oak Mountain State Park, part of an expansion officials say is driven by increasing demand for more comfortable outdoor stays.
The addition in Pelham marks the latest expansion of glamping offerings across the state park system, with the experience now available at six locations statewide.
Alabama Department of Conservation and Natural Resources Commissioner Chris Blankenship said the growing popularity of glamping has prompted the expansion.
“It’s exciting to expand the glamping opportunities at our state parks,” Blankenship said. “Glamping has become increasingly popular in the last few years, and we’ve seen how much our visitors have embraced it. Being able to offer glamping at Oak Mountain allows more people to stay, play and explore everything the park has to offer.”
The tents are designed to offer a more comfortable outdoor experience, with amenities including beds, electricity and climate control, while still providing access to traditional camping activities such as hiking, campfires and outdoor recreation.
The expansion builds on a partnership with Timberline Glamping that began in 2023. In addition to Oak Mountain State Park, glamping sites are available at Wind Creek, Lake Guntersville, Chewacla, Monte Sano and Cheaha state parks.
Sarah Johnson, who operates the Timberline franchise at Oak Mountain State Park with her husband, Jeff, said the sites are designed to balance comfort with the park’s natural setting.
“Opening these six new sites at Oak Mountain State Park allows us to bring a new level of comfort and accessibility to the outdoor experience while preserving the beauty that makes this park so special,” Johnson said. “We’ve thoughtfully designed each glamping tent so families, couples and groups can disconnect from the noise of everyday life and reconnect with nature — and with each other. We’re proud to expand our footprint here and create memorable stays that inspire guests to return again and again.”
State parks officials said the addition is part of a broader effort to expand overnight accommodations and enhance visitor experiences across Alabama’s park system.
“Our goal is for our guests to enjoy a memorable stay and want to come back again,” Alabama State Parks Director Matthew Capps said. “There’s no doubt that the glamping tents accomplish that goal. People truly enjoy the glamping tents, and we’re pleased that we can expand this offering at Oak Mountain.”
Alabama State Parks operates 21 parks encompassing more than 50,000 acres statewide, offering a range of lodging options from primitive campsites to cabins and resort-style accommodations.
Sherri Blevins is a staff writer for Yellowhammer News. You may contact her at [email protected].
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