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| Pristine 22,000 acre watershed, owned by the People of the City of Asheville. Soon to be seized by the State? photo courtesy David Oppenheimer May 20th (tentative): City of Asheville petitions NC Superior Court Judge Howard Manning Jr. for a preliminary injunction to halt implementation of H488 during trial of civil lawsuit. Read the City's suit against the State of North Carolina and the Metropolitan Sewerage District here. May 14th: H488, the "Regionalization of Public Utilities" becomes law without the Governor's signature. The City of Asheville has filed suit, and has been granted a Temporary Restraining Order to block implementation of the forced transfer of their water system. Gov. McCrory has announced his intention to allow H488, the Regionalization of Public Utilities, to become law without his signature. This means it will become law on the 13th, and according to the way it's written, go into effect on May 15th. The City of Asheville has vowed to fight for an injunction, and then fight to get the law struck down. May 7th: Asheville City Council passes resolution authorizing legal action if water/sewerage merger bill should become law. Contact Governor Pat McCrory. Ask him to veto House Bill 488 the "Regionalization of Public Utilities" email: http://www.governor.state.nc.us/contact/email-pat phone: 919-733-5811 May 1st NC House passes H488 76 - 40. Bill goes to Gov. Pat McCrory. April 29th NC Senate passes H488. Bill goes back to House for concurrence. April 25th NC Senate amends H488 to effectively exclude all other municipalities from the forced seizure of their assets, passes 2nd reading 25 - 14. Senator Martin Nesbitt (D - Buncombe) spoke in opposition. 14 min. audio here. April 24th NC Senate Finance Committee passes an amended version of H488, "The Regionalization of Public Utilities" On to the full Senate. No date set as of yet. Read why H488 is unconstitutional here. April 15th NC House passes H488 72 - 39, sends to Senate (5 min. audio here). Sent to Senate Finance Committee. House Finance Committee passes H488, sends it to the House floor tomorrow, April 10th. 38 min. audio of Finance Committee hearing on H488 here. More analysis soon, but for now, my comments on H488 here. |
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April 5th At a breakfast for Asheville area business and political leaders, Rep. Tim Moffitt tacitly acknowledges that studies have shown there will be no savings to ratepayers from a forced transfer of Asheville's water system. (audio clip here)
The bill sponsors now have absolutely nothing to base their claims of "savings" to ratepayers on, and in fact, all of the studies now show that there will be no savings, only red ink, from a forced merger. And that's before any talk of compensation to the City for their 100s of millions of dollars worth of seized assets."Rep. Moffitt... The MSD report clearly suggests that a merger will actually cost somewhere in the neighborhood of $600,000 annually, and that's on top of the $2 million hit to the City of Asheville. Given that, can you still claim that a merger will actually save money?""Thank you Barry. The answer to that is yes. But I would tell you that neither you nor I have the gift of predicting the future. So studies are exactly what they are, numbers are exactly what they are, but consolidating these three public enterprises is the right thing to do for our region..."
Mar. 28th In a bill that does not mention "Asheville" even once, NC Reps. Moffitt, McGrady, and Ramsey initiate the unprecedented State theft of a municipal water system, and the City-owned watershed that feeds it. After seizing the assets belonging to the City of Asheville, the "Regionalization of Public Utilities" bill sets up a new category of State-chartered agency that could be established in any County in North Carolina: one that municipalities could then be forced to turn over their water or sewer assets to without compensation. Asheville is clearly the test case in a "watershed moment" for North Carolina, one that will determine: do the people control their local water and infrastructure, or does it belong to The State? Ladies and gentlemen, start your lawyers!
City of Asheville releases analysis of the impact of losing the Sullivan Act Transfers.
- HB 252 would harm regional economic development efforts
- HB 252 would limit investment in transportation infrastructure
- Revenues have been used judiciously for regional investment
- Water system continues to demonstrate strong financial performance
- Asheville has not diverted revenue from the water system to subsidize its general fund.
Mar. 26: After criticism by local activists & at least one Council member, XPress issues revised story that acknowledges $4 million annual cost to City taxpayers from forced merger. Still no mention at all of likely compensation or watershed lease costs (previously reported by XPress), which would send merger costs significantly into the red for ratepayers.
Mar. 21: Asheville's Mountain XPress reports on the final report of the MSD impact study, repeats the fallacy that a forced merger will produce "potential net savings to water customers of $1.1 to $2.2 million per year over the next nine years."
The only way such "savings" will occur for water customers is if the City of Asheville voluntarily relinquishes the water system and 22,000 acre watershed for not one thin dime of compensation, and if the City's budget can absorb an annual loss of $4 million revenue without serious tax increases for the 62% of water customers who are also City residents.
Mar. 6th: Reps. Moffitt, McGrady, and Ramsey introduce legislation repealing the 'Sullivan Act Transfers'. The Sullivan Transfers allow the City of Asheville to use up to 5% of water revenues for street and sidewalk repairs related to water system maintenance. Losing the transfers will cost Asheville taxpayers approx. $1.5 million annually. Is this merely one more whack at the City, or is this a sign that Reps. Moffitt & McGrady have abandoned their intention to seize Asheville's water system?
Feb 26th. Rep. Tim Moffitt co-sponsors legislation to create an "Infrastructure Oversight Commission".
If your goal was to set the State of North Carolina on a path to privatize public infrastructure, this is how you would do it. Background, ALEC connections, suppositions, etc. here.
Feb 22nd: Greensboro News&Record Op-Ed by Barry Summers: The time is now for North Carolina towns and cities to adopt the League of Municipalities resolution opposing such seizures, and for citizens to contact their legislators to oppose this radical reshaping of our shared resources.
Feb 6th: Charlotte Airport may be stripped from the City's control by the General Assembly, placed under independent authority. Asheville losing it's airport last summer in a bill co-sponsored by Rep. Tim Moffitt is cited as a clear precedent. Still think the seizure of Asheville's water system will not lead to other seizures?...
The House bill stripping the Charlotte airport from the City of Charlotte is co-sponsored by... a majority of the Asheville water Study Committee members including Rep. Tim Moffitt.
Feb. 5th: Prominent Asheville Republican and former Mayor Lou Bissette comes out against water merger. WCQS David Hurand interview. Listen here. (timestamp 22:00)
Feb. 2nd: SaveOurWaterWNC goes to NC Dem. Executive Committee meeting, Durham.
NEW! Representative Tim Moffitt confirms that he sees the seizure of Asheville's water system as a statewide precedent:
"Moffitt, also contacted after the meeting, said that municipalities shouldn’t be concerned about owning water systems. That
is because as public utilities, systems should be thought of as
independent services for ratepayers. And any debt from building a system
would be carried by ratepayers, not city taxpayers, the South Buncombe
legislator said."
Breaking: City of Asheville announces temporary water discoloration due to scheduled inspection of water mains. Read the documents describing the process, scheduling, and purpose of this inspection here. Read the August 14, 2012 City Council minutes authorizing this work, here.
Jan. 24th: North Carolina League of Municipalities chooses their #1 Advocacy Goal for 2013: "Oppose legislation that weakens or removes local control over public utility systems, specifically including municipal water and/or sewer systems."
1 Albemarle, City 15,903 01/07/2013
2 Asheville, City 83,393 12/11/2012
3 Bald Head Island Village 162 01/18/2013
4 Banner Elk, Town 1,046 01/14/2013
5 Bessemer City, City 5,340 01/14/2013
6 Black Mountain 7,848 01/25/2013
7 Bladenboro, Town 1,627 01/14/2013
8 Blowing Rock, Town 1,241 01/08/2013
9 Boiling Spring Lakes, City 5,506 03/05/2013
10 Burgaw, Town* 3,898 02/12/2013
11 Butner, Town 6,344 01/03/2013
12 Carrboro, Town 19,582 01/15/2013
13 Carthage, Town 2,269 01/15/2013
14 Chadbourn, Town 2,117 01/08/2013
15 Chapel Hill 57,233 02/27/2013
16 Claremont, City 1,114 01/07/2013
17 Concord, City 79,066 01/10/2013
18 Conover, City 8,165 01/07/2013
19 Elkin, Town 4,211 01/14/2013
20 Foxfire Village 572 01/08/2013
21 Franklin, Town 3,882 01/07/2013
22 Goldsboro, City 36,437 01/07/2013
23 Greensboro, City 273,425 04/03/2013
24 Havelock, City 20,735 01/14/2013
25 Haw River, Town 2,052 01/14/2013
26 Henderson, City 15,386 01/28/2013
27 Hendersonville, City 13,137 Tabled on 01/03/2013
28 High Point, City* 105,753 On 04/15/2013 Agenda
29 Jacksonville, City 70,145 01/07/2013
30 Kannapolis, City 44,104 01/15/2013
31 Kill Devil Hills, Town 6,683 01/14/2013
32 King, City 6,599 01/07/2013
33 Kure Beach, Town 2,200 01/15/2013
34 Lexington, City 18,931 01/14/2013
35 Maggie Valley 1,152 02/12/2013
36 Maiden, Town 3,433 01/07/2013
37 Matthews, Town 28,634 01/28/2013
38 Montreat, Town 714 Tabled on 01/10/2013
39 Mooresville, Town 32,711 01/07/2013
40 Murphy, Town 1,632 01/07/2013
41 Newton, City 12,968 01/08/2013
42 North Wilkesboro, Town 4,176 01/08/2013
43 Ocean Isle, Town 564 01/08/2013
44 Oxford, City 9,426 01/08/2013
45 Ramseur, Town 1,702 02/04/2013
46 Reidsville, City 14,473 03/13/2013
47 Rutherford College, Town 1,305 01/07/2013
48 Seven Devils, Town 146 01/08/2013
49 Smithfield, Town 10,966 01/03/2013
50 Spindale, Town 3,865 01/21/2013
51 Statesville, City 24,532 01/14/2013
52 Tarboro, Town 10,383 01/14/2012
53 Topsail Beach, Town 374 02/13/2013
54 Troutman, Town 2,392 01/10/2013
55 Winston Salem, City 299,617 03/25/2013
*Pending City Clerk confirmation
Raleigh/Durham's Indyweek includes Asheville situation in rundown of emerging State Govt. trend: "The Environment Could Take a Beating", by Lisa Sorg.
Rumor Control: Rep. Chuck McGrady urges people to stop spreading "very bad information" ie, that the "City of Asheville is robbing their water system, even now, after Sullivan." After acknowledging that the City has presented verifiable water revenue accounting that disproves this, he says that "we need to get some group of people to stop talking about that." Is he talking about you?
Barry interviewed by Ned Ryan Doyle for Our Southern Community. Download entire show here.
Greensboro News & Record Editorial: Asheville Water Fight Bears Close Watching
"Asheville is fighting to keep its municipal water system and avoid a soaking. But the state legislature has the last word. Other cities should tune in to this drama playing out in the water-wealthy mountain community."
NC League of Municipalities: Sample resolution opposing the forced transfer of municipal-owned water systems.
Barry on Local Edge Radio 880 am, 12/27/12
NC League of Municipalities: Sample resolution opposing the forced transfer of municipal-owned water systems.
Barry on Local Edge Radio 880 am, 12/27/12
- Thanks are due to Local Edge host Blake Butler for years of service to the Asheville community - we wish him luck in all his future endeavors.
City of Asheville staff release memo that suggests: "if Cane Creek merger happens, City/MSD will end up subsidizing Henderson development."
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| video courtesy Jerry Rice |
come to Asheville immediately after his
inauguration to "help resolve" the water
issue.
MSD Board acknowledges
possible $26 million costs in
upgrading/integrating Henderson
County sewer with Buncombe
County sewer. Costs will likely
be paid by Buncombe ratepayers.
Asheville City Council unanimously
passes resolution opposing forced
transfer of water system.
City of Asheville releases two studies:
WLOS coverage of the 'Defending Our Water'
Action, including reaction from Governor-elect Pat
McCrory.
Asheville Citizen-Times coverage, including
reporting on City's financial analysis.
Mountain XPress coverage.
Barry on Local Edge Radio 880am, 12/03/12
Barry on Pete Kaliner Show 570am, 12/03/12 (starts at 15:10)
‘Defending Our Water’ Action: Taking It to the GOP
Saturday,
Dec. 8 starting at 4:30 pm
Last
month on Election Day, 86% of Asheville voters said 'No' to
the idea of selling or leasing the Asheville water system. In fact,
as AC-T op-ed writer John Miall commented after the election, "I
can't remember a time when 86% of Asheville voters agreed on
anything. Talk about a mandate."
In
spite of these results, the NC legislature is sharpening knives in
anticipation of carving up the water system come January.
If allowed to happen, this would be an unprecedented state
government action that should send fear statewide into every
community.
On
Saturday, December 8, the leaders of the North Carolina GOP,
including Governor-elect Pat McCrory, will be gathering at the
Grove Park Inn for the annual Charles Taylor Republican fundraiser.
Join
us beginning at 4:30 pm as we gather in protest on the corner of
Charlotte St. and Macon Ave. to raise the visibility of the
water issue before the very legislators who will be voting
on this matter. This
is your chance to
be seen and heard – as well as provide a citizen face in opposition
to the taking of Asheville's water system by legislative fiat. We
will create a line of voters stretching up Macon Ave. with signs and
messages relating to the water issue. We expect to conclude once
the Republican fundraiser begins between 7-7:30 pm.
You
are welcome to create and bring your own signs or some pre-made ones
will be available. Please keep your messages strong, focused and on
the high ground without mentioning specific legislators names. Let’s
be the change we want to see. Some ideas include:
86%
Say NO to Water Grab
or Hands
OFF Buncombe Water
PLEASE
reach out to your personal networks and invite them to join the
rally by forwarding this message to your e-mail list, Facebook
friends, and neighbors. Families
with children are welcome and encouraged. Numbers
count!
SUGGESTIONS:
chairs are welcome; bring flashlights and signs; wear reflective or
light-colored clothing; water if needed.
Previous posts moved to History page.
