Archive for Buncombe County
I was reading the AC-T article about the legal efforts to halt the unnecessary and irresponsible forced merger of the Asheville Municipal Water System and the Metropolitan Sewerage District, and I clicked over to the comments. There, Tim Peck left this handy list. Have a read.
Water Merger Lawsuit: Temporary Restraining Order
Water Merger Lawsuit: Complaint Filed
Water Merger Lawsuit: Affidavit (Shoaf)
This landed in my email inbox yesterday. Republished with the permission of the author:
I was a Republican until the state took our water system without giving Asheville anything for it. Now the Republicans want to make sure old and retired people get a tax increase to buy gas, food and everything else by doing away with the state income tax. There are thousands of retired military men like me living on fixed income. There are thousands living on Social Security and other fixed incomes also. I thought when the Republicans took charge in Raleigh things would be better, looks like it got worse. I am going from Republican to Independent as soon as I can, so I can get to work changing things back. Everything the Republicans have done is costing me more of my fixed income than before. Enjoy it while you are there because i am going to work my butt of to get you out.
“This course of action is the only rational response to an irresponsible effort,” Council member Gordon Smith told Xpress after the vote. “Just the debt and bond issues will take months and months to sort out, not to mention that the authority that we’re supposed to give the water system to doesn’t exist yet. They’ve crafted a bill that’s impossible to execute.”
He added his thoughts on why legislators filed the bill, which was sponsored by Rep. Tim Moffitt and supported by Reps. Nathan Ramsey and Chuck McGrady: “It’s just a case of vendetta politics.”
Read the whole Resolution authorizing legal steps forward.
Here’s a handy, informative powerpoint that illustrates our many challenges and opportunities as a city.
This hit my inbox yesterday, and I thought I’d share it here:
Despite the sincere appeals from many of you, and the principled arguments made by representatives of the City of Asheville, the NC General Assembly has passed House Bill 488, the “Regionalization of Public Utilities”.
The main intent of this bill is to forcibly remove control of the Asheville water system and pristine 22,000 acre watershed from Asheville’s elected officials, and put it in the hands of an unelected Board controlled by the State. The studies have all been finalized: there will be no economic benefit to ratepayers from transferring control of Asheville’s water, there will be no “efficiencies” gained – this is about wrenching control of water from the people into the hands of the State.
The threat of privatization of this vital resource still exists, and the threat to make this the first of many such seizures across the State still exists. We need to take a stand now just as was done last November when 86% of Asheville voters expressed opposition to the sale or lease of the water system. To date, over 50 municipalities in North Carolina have passed resolutions opposing the forced transfer of local government infrastructure.
Our best hope to derail this ill-advised juggernaut lies with NC Governor Pat McCrory. As a former Mayor himself, he has to see that the State seizure of municipal assets is a terrible idea. What City or Town will make investments and improvements in their infrastructure (the kind that Asheville has recently made in their water system), once the precedent has been set that if one greedy neighbor wants your assets, the State may step in and take them? This is what is happening to Asheville.
Please take the time to send an email to Governor Pat McCrory.
Or give his office a call (919) 733-5811. As always: be polite, don’t attack the bill sponsors, be persuasive. Mention “Asheville Water” or the “Regionalization of Public Utilities” bill. Should the bill reach his desk, ask him to please Veto!
For more info & other ways you can help, you can always visit SaveOurWaterWNC.com
Thanks for speaking up for safe, publicly-controlled drinking water!
Barry & the whole crew at Save Our Water WNC
Today is the day our NC House of Representatives will likely vote on whether to forcibly merge Asheville’s public water system with the appointed Metropolitan Sewerage District. I thought I’d share the facts. The media team for the representative from the 116th District will continue to misrepresent the facts no matter how often they’re repeated, but the facts ought to be out here for everyone to see. Here’s a direct link to the city’s version (.pdf).
I. Does Asheville’s regional water system require higher rates to customers outside the City?
NO. The law requires just the opposite. Customers inside and outside the City pay the same rates. The Sullivan Acts ensure that. The City of Asheville has no desire to pursue legislation or policies that result in inequitable treatment to rate-payers who live outside the city limit.
II. Does Asheville take $3 million a year out of the enterprise fund to subsidize the City’s general fund?
NO. Similar to other City departments, the Water Fund pays for expenditures associated with shared central support services, otherwise known as overhead costs (e.g. human resources, financial management, information technology, legal services). The City utilizes the services of a third-party to annually prepare a cost allocation plan (CAP) to identify indirect central service costs, determine a reasonable basis for allocating those costs to operating activities, and then calculate the costs to be allocated to each operating department. This process follows generally accepted accounting principles.
The water utility consists of more than 140 employees and provides water to more than 125,000 people. The City’s water system is comprised of 3 water treatment plants (WTPs), 40 pump stations, 32 ground storage tanks, and approximately 1,660 miles of pipe. An enterprise of this size certainly requires functions covering financial management and billing, payroll, purchasing, fleet maintenance, human resource management, and other related central services. The table below shows Asheville’s indirect cost allocation compared to other cities in North Carolina. Asheville’s cost allocation for central services related to water are in line with other water utilities’.
It began well over a year ago when the representative from NC’s 116th district filed a bill that would forcibly merge the City of Asheville’s public water utility with the Metropolitan Sewerage District. He didn’t bother to tell Asheville’s elected officials about it, even though they were in his office the day before. Quickly backpedaling, the representative reformatted the seizure into a “Study Committee” process. The “Study Committee” went through the motions, ignored the opposition, and came up with a recommendation that mirrored the original seizure bill. The bill itself was filed this past Thursday, HB488. It is an outright taking, offering no compensation for loss of the asset.
Asheville’s legal team is looking the bill over, and we’ll get more interpretation from them in coming days, but there are many truths that are painfully clear and that have been effectively ignored by those supporting this attack on Asheville.
- The legislation was not requested by the people of Buncombe County. 86% of Asheville’s voters opposed the merger in a recent referendum. Major business interests, including our Asheville Brewers’ Alliance and Downtown Association, oppose the merger. The NC League of Municipalites opposes it. Cities across North Carolina have passed Resolutions against it. The legislation solves no problems, but it creates a host of them.
– No compensation is offered for the seizure of this municipal asset. Various estimates value the asset between $57 million (lowball MSD estimate) and $1.3 billion. Only by taking the system without compensation can they demonstrate a cost savings to customers.
– Asheville is offered only a tiny minority of MSD Board representation despite the fact that the majority of water customers live in the city.
– The instability and unpredictability of the status of municipal assets will undermine future infrastructure investments and could also impact bond ratings. This means higher interest rates, paid by taxpayers, when it’s time to invest in infrastructure. And what city’s going to make big investments knowing that the state legislature may just swoop in and seize their assets?
– Asheville stands to lose $1.9 million/year from the water utility’s portion of shared central services.
– As it is proposed now, other legislation surrounding revenue reform does not promise to hold cities harmless. That is, we’re being told to expect deep drops in revenue, revenue that funds everything from firefighters to parks to street repair.
– In Asheville, we have no access to other sources of regional revenue (occupancy tax, food and beverage tax, etc.). In addition, Asheville is unique in its position in NC as a regional hub. Asheville has the highest daytime to resident population ratio among all cities in North Carolina with populations of 50,000 or greater. The daytime population, which includes people who commute into Asheville for work, is approximately 43,000 people higher than the resident population. That’s without counting people who travel in for shopping, services or tourism. With over 50% of Asheville’s budget directed to Public Safety (Police and Fire), a significant portion of city services are provided to non-residents yet paid for by city residents.
· The economic interdependency between Asheville, Buncombe County and the surrounding region has an impact on the lives of more than 1.3 million citizens living in 23 counties. Strengthening this type of urban-rural network requires partnerships to support regional economic relationships. Legislation that impacts Asheville impacts almost a quarter of counties in the State.
· The repeal of Asheville’s ability to access water revenues for regional infrastructure only adds to the financial stress of the current economy. Cities will be faced with two decisions – to raise taxes or to forego regional investments that support jobs and business growth – both of which are negative for North Carolina’s economy.
Sen. Martin Nesbitt (Dem) spoke at the end of the League of Women Voters forum in Asheville about the fate of Asheville’s water system on March 13, 2012.
The “Dr. Mumpower” Nesbitt refers to is former Asheville city councilman and former NC-11 congressional candidate, Carl Mumpower, a Republican. The “Chuck” that Nesbitt addresses is Rep. Chuck McGrady (R-Henderson), representing a House committee Rep. Tim Moffitt (R-Buncombe) set up to study whether or not the state should transfer control of the $177 million water system from the city of Asheville to a new regional commission controlled by the state. That would be the one in House Bill 488 introduced this week by Moffitt, McGrady and freshman Rep. Nathan Ramsey (R-Buncombe). Everyone opposing the deal knew the “study” was kabuki theater.
Since then, the city of Asheville was threatened for daring to put the transfer to a vote of the people in a nonbinding referendum. (Voters said no to the transfer by over 85 percent.) Nearly 50 North Carolina cities and towns from Murphy to Manteo saw the handwriting on the wall. They all passed a resolution by the nonpartisan League of Municipalities opposing the “forced taking” of municipal infrastructure.
Since then, state legislators – including players from the original water study committee – sponsored bills for the forced transfer of the Asheville Regional Airport from the city of Asheville, Charlotte-Douglas Airport from the city of Charlotte (citing the Asheville transfer as precedent), and the Dorthea Dix property from the city of Raleigh.
Matthews Republican, Rep. Bill Brawley, a principal sponsor of the Charlotte airport bill, explains why Republican leaders feel they must take control from locally elected officials, “We are changing the management of publicly owned assets from people who use them for the benefit of a few to protect the rights of the many.”
You may now replay the Nesbitt video above.
Slamming North Carolina’s cities, Brawley continued, “They want to have the right to do whatever they want. ‘Arrogant’ is a word I would use.”
Since last year, resident along I-77 north of Charlotte have opposed Brawley’s plan to install High Occupancy Toll (HOT) lanes to I-77 north of downtown Charlotte. The all-Republican Iredell County Board of Commissioners voted to oppose him.
(Cross-posted from BlueNC.)
Tomorrow, your Buncombe County Commission will deliberate regarding equality in their health benefits and non-discrimination policy. On the agenda: Same-sex domestic partner benefits. Also likely to be discussed is whether to include sexual orientation and gender identity in the County’s employment non-discrimination policy. The latter is not on the printed agenda, and in order to consider it according to their rules, all seven Commissioners must agree to do so.
You’re encouraged to attend the meeting on Tuesday, March 19 at 4:30pm in the Commissioners’ Chambers at 200 College Street, Suite 326 in downtown Asheville. If you’d like to email the Commissioners to let them know your position, you can use this handy list:
firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
After the jump you can read the email I sent earlier today. I’m excited to see our Commissioners have this opportunity to join the march of history toward full equality for all of our citizens.
They will not know your position unless you show up at the meeting or take a moment to write your representatives.
This story of making public these records at the Buncombe County Register of Deeds office was told in the newspaper awhile back. Now “Forever Free” retells that story, making it available to a wider audience.