Asheville Water System Lawsuit Press Conference

Asheville City Council Press Conference on Water System Lawsuit
Council Chamber, City Hall
May 10, 2013, 11:30am

TERRY BELLAMY: Good morning, everyone. Thank you all so very much for coming out. Good morning. Good morning. Good morning. Thank you all so very much for coming out. Instead of having people sit down, I'm going to ask literally if my council, former mayors, former council members would come, and state legislators would come and stand with me as we start this out. [SPEAKERS ASSEMBLE BEHIND PODIUM] [APPLAUSE] Good morning, everyone. It's a pleasure to bring you all to city council this morning under unfortunate circumstances. It's great to see so many leaders here who have influenced the direction of our community. It's because of the leadership that you have behind me that the City of Asheville has seen unprecedented growth and that we've been able to weather the recession and the many storms our city has faced. I'm really proud that over the years that our representatives here behind me, we can say that the City of Asheville is a beautiful place not only to live and work but also to visit. It's because of the collective policies that were approved by the individual who are standing behind me, we have seen Asheville become one of the best places to live. And farmers have said that we are one of the best places to do business. But more importantly, we have one of the lowest unemployment rates in the state. We've added more jobs from January 2012 to January 2013 percentage-wise than any other city in North Carolina. [APPLAUSE] Yeah, you can clap about that. Because of this group behind us we have unprecedented partnerships we have created as a community. When we think about the vibrancy of Asheville and what makes us a unique community, it's because of the people behind me during the time that they've served, they've worked and they've built bridges, whether it's through the Land of Sky Regional Council, whether it's working with Pack Place, whether it's working with Buncombe County Commissioners, our leaders have committed to working with individuals to make this community better. And they've not only thought about the City of Asheville and the citizens of Asheville, they've thought about the citizens of Buncombe County and the millions of citizens from across this country and the globe who come to Asheville to visit our community. So, today it's troubling when we think about House Bill 488. It forces the loss of the city's water system. Forcing the transfer of Asheville's assets is harmful to our statewide efforts to encourage economic development and business growth. Stability and predictability in terms of municipal assets and agreements are extremely important in terms of how Asheville and North Carolina are viewed as a place to do business. Based upon the opinion of the state treasurer, those factors could impact the bond ratings in North Carolina which may increase the taxpayers cost to borrow funds for critical capital infrastructures. The uncertainties created by this move could also undermine the ability of other cities and towns to issue bonds because they would have to be disclosed to potential lenders in the future, impacting desirability in the bond market. Over the last few months, you've heard this council and myself talk about the issues impacting House Bill 488 impacting our city. I'm not going spend time talking to you about how bad this bill is. Today, I'm going to tell you that we are proud that we put the legal team together of Moore and Van Allen and Long, Park, Warren, Anderson and Payne and our city attorney Bob Oast to help us defend our water system. [APPLAUSE] I'm proud to let you know that we will file a complaint in Wake County Superior Court early next week to help us keep our water system. I'm really proud of the fact that Senator Martin Nesbitt is here standing with us and he's going to speak right now.

Water Merger Documents

CITY OF ASHEVILLE v. STATE of North Carolina, Buncombe County. August 19, 2008

Legislative Research Committee on Metropolitan Sewerage/Water System

Tim Moffitt: Our Report to the North Carolina General Assembly

Representative Ramsey speaks on HB488
Representative McGrady speaks on HB488

Resolution Supporting Asheville's Retention of Its Water System
Asheville Resolution Against Water Merger

MSD Planning Committee 11-14-12
MSD Planning Committee 11-30-12
MSD Board Meeting, 11/14/12
MSD Board Meeting, 12/12/12

MSD compensation offer to the city.
Compensation offers 1 thru 11: Back to the Future

History of the Asheville Buncombe Water System by Davyne Dial

REFERENDUM

N.C.G.S. § 160A‑321
Sale, lease, or discontinuance of city‑owned enterprise.

(a) A city is authorized to sell or lease as lessor any enterprise that it may own upon any terms and conditions that the council may deem best. However, except as to transfers to another governmental entity pursuant to G.S. 160A‑274 or as provided in subsection (b) of this section, a city‑owned enterprise shall not be sold, leased to another, or discontinued unless the proposal to sell, lease, or discontinue is first submitted to a vote of the people and approved by a majority of those who vote thereon. Voter approval shall not be required for the sale, lease, or discontinuance of airports, off‑street parking systems and facilities, or solid waste collection and disposal systems.

(b) For the sale, lease, or discontinuance of water treatment systems, water distribution systems, or wastewater collection and treatment systems, a city may, but is not required to, submit to its voters the question of whether such sale, lease, or discontinuance shall be undertaken. The referendum is to be conducted pursuant to the general and local laws applicable to special elections in such city.

Bob Oast: Closed session on referendum
"The outcome of the vote on the sale or lease of the water system would only affect the City’s ability to sell or lease the system. It would not affect the City’s ability to seek compensation if the transfer occurs in other ways."

Bob Oast: To city council on referendum
Oast: "The language of the statute limits the voters eligible to participate in such a referendum to City voters. The results of the referendum would be binding such that, if the vote was 'no,'' the system could not be sold or leased."

Bob Oast on sale or lease
Mayor Bellamy asked if we hold a referendum and the citizens say they don’t want the City to sell or lease the water system but the State makes us give it away, do we negate the opportunity to be compensated. She didn’t want to do anything to stop Asheville from being compensated. City Attorney Oast said that the use of sale or lease in the statute contemplates a voluntary transaction. The statute does not address a situation where the City was forced to transfer its assets involuntarily.

LAWSUIT

Pete Kaliner on Water Lawsuit [audio]

Transcript: Asheville Water System Lawsuit Press Conference, verbatim

Water Merger Lawsuit: Temporary Restraining Order
Water Merger Lawsuit: Complaint Filed
Water Merger Lawsuit: Affidavit (Shoaf)

WCQS Interview: Attorney Frayda Bluestein, School of Government, on Asheville water lawsuit.

Food Policy

Step One: Seek city government sanction (where the markets are). Innocuous, no funding.

"With [City of Asheville] approval of this resolution, the management process to evaluate, prioritize, and implement sustainability activities will be expanded to include food activities."

http://www.ashevillenc.gov/Portals/0/city-documents/cityclerk/mayor_and_citycouncil/current%20agenda/Unfinished-B%20-%20Food%20Action%20Plan.pdf

Step Two: Seek county government sanction (where the farms are). Innocuous, no funding.

"Food Policy Councils (FPC) are comprised of stakeholders from various segments of a local food system. Councils are typically sanctioned through government action such as an Executive Order, Public Act, or Joint Resolution".

http://www.statefoodpolicy.org/?pageID=qanda#WhatIsAFoodPolicyCouncil

Step Three: Form a nonprofit and solicit public funding.

"There is slightly more interest in establishing a more formal legal structure (such as 501(c)3 status) to pursue funding or growth opportunities".

http://www.abfoodpolicy.org/wp-content/uploads/2012/12/AB-FPC_report_11-15-12.pdf

Step Four: Seek public/private partnership, become an arm of local government in an official capacity to guide policy, craft regulations, funnel public money to a network of nonprofit cronies and enable ideological favoritism.

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RELATED

Nourishing policy: City Council considers Asheville's Food Action Plan
Asheville City Council is thinking about your stomach — and stomachs all over Asheville, in fact.

LTE: Water Merger

Two takes from readers on city-state relations
Tim Peck | Asheville Citizen-Times | 1/13/2013

House Bill 552, sponsored by Representative Tim Moffitt and signed into law by Governor Perdue on June 28, 2012, directed the City of Asheville to turn over title to certain WNC Ag Center properties. To this date, the city has not complied with this directive and instead contemplates action that would control the conduct of gun shows on those same properties.

In April of 2012, the General Assembly's Legislative Research Committee directed the City of Asheville to effect a merger of their water department with the county's sewerage system into a reorganized, locally-operated regional water authority that would continue the mission of serving water and sewer customers on a wider scale with greater efficiencies and fairer representation. Instead, they have held an irrelevant and insular referendum, passed antagonistic resolutions, voted down reasonable proposals by MSD, conducted propaganda forums and coordinated oppositional activism, all aimed at thwarting the good faith process called for by the committee.

As with the Ag Center, the city has shown every sign of repeating a pattern of stubborn recalcitrance with the water merger and I urge the General Assembly to take full control of this matter and expedite the merger without compensation at its earliest availability.

TIM PECK
ASHEVILLE

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RELATED

GREATER ASHEVILLE REGIONAL AIRPORT AUTHORITY ACT.
"SECTION 2.2.(a) The City of Asheville shall convey to the State of North Carolina by warranty or quitclaim deed all its right, title, and interest to the 'City of Asheville Parcel' below, which is part of the Western North Carolina Agricultural Center, and the corporate limits of the City of Asheville are reduced by removing all three parcels below from the corporate limits.."

Water Petition Signers

NC Legislators & Governor: We Oppose the Forced Taking of Municipal Water Systems!

http://signon.org/sign/nc-legislators-governor?source=c.em.cp&r_by=6757282

By Kathie Kline (contact: http://signon.org/contact_creator.html?petition_id=33142)

To be delivered to: The North Carolina State House, The North Carolina State Senate, and Governor Beverly Perdue

1) I am opposed to any legislation that forces the transfer of any local government infrastructure systems or assets (in this case Asheville's 20,000 pristine watershed) to another city or entity, or to restrict or eliminate the ability of a locality to operate a municipal enterprise directed by elected officials for the benefit of city taxpayers and ratepayers.

2) I am opposed to any mandated takeover as it sets a bad precedent for the future of all cities owning and operating municipal assets and undermines the confidence of municipalities to move forward to invest in their systems.

3) I am opposed to any mandated takeover as it calls into question the authority of state legislatures to arbitrarily transfer assets from one local government entity to another.

Petition Background

North Carolina's General Assembly is about to take the unprecedented step of seizing a municipal-run water system from a City, which in this case has owned & operated it for over 100 years. Members of the NCGA have signaled their intention to introduce legislation in early 2013 that would force the City of Asheville to turn over not only its water distribution system, but control of its pristine 20,000 acre watershed, to the Metropolitan Sewerage District of Buncombe County (MSD). Indications are that the City of Asheville will likely receive no compensation for the taking of these assets.

Petition signers

Asheville Objectivists

Talk of the Town

Talk of the town: The 2012 stories that got the most online comments
By Jake Frankel | Mountain Xpress | 12/30/2012

Tim Peck’s letter to the editor advocating free-market capitalism garnered more responses than any other post on the Xpress website over the past year. The local blogger and former Asheville City Council candidate also posted far more comments on the site than any other registered user.

In keeping with Mountain Xpress’ long-standing goal of promoting community dialogue, our website proved to be fertile ground for a wide variety of lively discussions over the past year. Here's a look at the posts that generated the most online comments (note: Xpress' tracking system doesn't include comments made via Facebook).

A letter to the editor by Tim Peck titled "People and Profits Are In Harmony" drew more responses than any other post. In the piece, the local blogger and former Asheville City Council candidate argued that, "In commercial transactions, two parties profit: the seller and the buyer.

"The buyer acquires a product and the seller gains financially," he continued. "This peaceable, voluntary transaction of value for value to mutual benefit is an exercise of the rights of individuals to life, liberty, property and the pursuit of happiness. It is the proper and moral exercise of economic and political freedom."

Most commenters disagreed, however, saying that sometimes, corporations’ pursuit of profit can lead to negative economic and environmental consequences for consumers.

"Your letter assumes a true free market, where transparency allows the consumer to know how workers are treated, how products are made, how pricing structures and other legal policies are created and so on," wrote commenter "sonipitts" (Xpress policy allows aliases and anonymous online comments).

"However, in our current world we don't have a free market," sonipitts continued. "We have a market dominated by a few large corporations in each field operating with the wealth of small nations and using that wealth to silence whistle-blowers who would expose dangerous or unethical practices; who use their money and subsequent influence to get laws passed specifically aimed at preventing information about such practices from being exposed (or to simply make them legal); who use that same influence to make competition impossible beyond a few small 'industry leaders' and to avoid any but the most trivial consequences for breaking the law."

The top posters of 2012 (User name/ Number of comments posted):

timothypeck 1,825
Ken Hanke 1,446
bsummers 535
Dionysis 437
Xanadon't 364
Jeremy Dylan 335
bill smith 240
Me 233
Orbit DVD 198
D. Dial 175
mat catastrophe 141
Edwin Arnaudin 130

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RELATED

Pete Kaliner Radio Show
1/2/2013, Hour 2
Jake Frankel from Mountain Xpress joins us to talk the big stories of 2012 and the upcoming issues for 2013. (Talk of the town @ 00:08:00)

What the Water Study Reveals

Study: Asheville taxpayers lose with water-sewer merger
The Asheville Citizen-Times

“Utility consolidation under MSD could produce cost savings for sewer ratepayers but comes at a cost to the water ratepayers and city taxpayers,” the report states. “Consolidation under MSD reduces costs for sewer ratepayers by $18 million-$23 million over the nine-year period while increasing costs to city taxpayers by $33 million over the same period.”

The merger would increase the city’s property tax rate from the current 42 cents per $100 valuation to 45.7 cents, the study concludes.

The city would lose water revenues that pay for infrastructure improvements like streets and sidewalks that are made in conjunction with waterline projects. In addition, revenues that pay for core functions like administration and information technology would be reduced.

“If the water system is taken from Asheville and given to MSD, there’s all kind of ramifications for the citizens of Asheville just from a financial standpoint,” Councilwoman Esther Manheimer said. “Because of the financial losses the city will experience, the burden of making up that deficit is placed on the taxpayers. Asheville is already on a pretty slim budget.”

“Because of the financial losses the city will experience, the burden of making up that deficit is placed on the taxpayers.”

AHA. Now we finally have it.

The Claim: the water merger will cost taxpayers because taxes will have to be raised to make up the difference in a loss of revenue to the tune of $33M.

The Truth: The city is prohibited by law from making a profit from the water system. The Sullivan Act mandates that all water system revenue be retained within the system and permits the city to allocate some water system money to improvements ONLY RELATED TO THE WATER SYSTEM. In other words, all money from the water system stays in the water system. It does not go to the city. So, where is the "revenue loss"? That is, unless Asheville has been skimming revenues for unauthorized purposes. This is the only reason the city would feel any loss and thus the need to raise taxes.

Sullivan Act III:

"SECTION 1. The City of Asheville may use up to five percent (5%) of utility revenues for street and sidewalk improvements associated with waterline improvements."

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“We really don’t know exactly what the legislature will do,” she said.

NONSENSE. The city know precisely what the legislature will do. They have directed the city and counties to effect a merger or they will do it for them. That's what they will do. All of this resistance and foot-dragging is not part of the directive.

LRC Recommendation:

"Committee recommends that the 2013 Session of the North Carolina General Assembly consolidate the Public Utility Water System with the Metropolitan Sewerage District of Buncombe County. Should the interested governments craft their own solution for consolidation, which achieves all the objectives of the Committee, before the 2013 North Carolina General Assembly convenes, due consideration would be given to the local plan. Action will not be taken if the parties are engaged in good-faith negotiations on this matter."

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Michael Muller:

What all this tells me is that the Asheville City Council has been siphoning millions of dollars a year from the Independent Water Authority to subsidize other expenses not directly related to waterline improvements — as is specifically required by state law. If the city's expenses were, in fact, directly related to waterline improvements and nothing more, there wouldn't be a budget hole.

Instead, City Council has been using the water system as its own cash cow — and milking water ratepayers outside the city with each squeeze. That's how they're able to pay for all these special projects without raising taxes: by overcharging the Independent Water Authority to pad their General Fund. One can only imagine where and to whom all that money has gone over the years. And now, when they're caught with their hands in the cookie jar, they seem to be trying to hiding it with some creative accounting.

This theft would be nothing new. Asheville City Council has been stealing money from the water ratepayers (inside and outside the city limits) and funneling it into its General Fund for years.

In 2007, the Superior Court of Wake County found that “from 1957 through fiscal year 2005, the City of Asheville did not put any funds into the water system. In fact, in addition to the net operating revenue for that period of time of almost $114,000,000.00 (income less expenses), there were a number of payments made from the “water fund” as part of the “operating expenses.” Essentially, the City of Asheville had taken (diverted) so much revenue from the water system to subsidize the City of Asheville’s general fund, the City of Asheville itself was primarily (not solely) at fault for the system disrepair by not having dedicated the water funds for said maintenance and repair." (From the Legislative Research Commission's Metropolitan Sewerage/Water System Committee report to the North Carolina General Assembly. Read it all here: http://nc116.com/?p=1520/#114mm )

Given the shady nature of this operation, opponents of the pending water merger (including those on City Council) have been loathe to admit their true motivations up until now — for good reason, I suspect. A crooked establishment with a vested interest in maintaining the status quo can be very defensive, especially when they have a lot to hide. And they've been nothing if not very defensive.

As blogger Tim Peck has so astutely pointed out on this forum before, these folks have also kept changing the nature of their objections with each passing week: "First, the water merger was declared to be a bad deal because it was just plain ole THEFT. Then it was a bad deal because it was a SEIZURE by a bully. Then it was a bad deal because it might lead to PRIVATIZATION. Then is was a bad deal because it would mean JOB LOSSES for city employees. Then it was a bad deal because it would be COSTLY to ratepayers. Then it was a bad deal because there was NO DEFINED COMPENSATION for the city. Then it was a bad deal because NO DEFINED LEASE OPTION being considered in the studies. Then it was a bad deal because the process is being RUSHED. (Then) it's a bad deal because Henderson County leaders are pushing for undue representation on the regional board as part of a POWER GRAB."

One by one, all of these objections have been shown to be what they are: "straw man" arguments. There is no theft. The merger is an issue of merging one public system with another. There is no seizure. Seizure would imply ownership by the City of Asheville, and the City of Asheville does not "own" the water system — it's merely managed it up until now. It's "owned" by the rate payers (if the City of Asheville "owned" the water system, it could pledge the water system as an asset, which it cannot.) As far as privatization, that has never been part of the argument, as the Citizen-Times itself was forced to admit in an editorial a few weeks ago. The MSD study has shown that there won't be any job losses either — in fact, all the folks will be retained and given raises. Costly? It would save water ratepayers money through consolidation and efficiencies of scale. And as far as future compensation to the city through a lease of the watersheds, that avenue was closed when voters rejected it with November's referendum — a referendum which had the effect of leaving the city with no future leasing option — unless the result of that referendum is reversed, ironically, by an act of the General Assembly itself.

Having painted themselves into a corner, City Council is now forced to implicitly admit their theft. And NOW they're saying that cooperation on the water issue is a good idea — as long as they get to dictate the terms.

Bear in mind that the Asheville City Council doesn't have the greatest track record of trustworthiness in terms of cooperating with its regional partners — after all, they voted as recently in 2004 to unilaterally withdraw from the historic Regional Water Agreement, throwing everyone else under the bus. Also from the LRC's report:

"The agreement was a significant accomplishment. For the first time since the construct of the public water system, water security was enjoyed by the rate-payers in both the incorporated and the unincorporated areas. The de-politicizing of the public water system provided hope that a new era of regional cooperation and economic development synergy would spur smart industrial growth and opportunity for the region. The agreement also recognized that the public water system itself was truly a Public Utility Water System and acknowledged the contribution of non-City of Asheville rate-payers to its history.

Despite that history, in May, 2004, the Asheville City Council voted unanimously to unilaterally terminate the Regional Water Agreement to once again attempt to charge differential water rates, to compel voluntary annexation and to control growth outside of its corporate boundaries."

So here we are. With the possibility of the city charging differential water rates forever out the window and City Council's Forced Annexation powers finally terminated (see http://nc116.com/?p=1594 ), they don't really have much left with which to bully their neighbors out in the county. So, knowing that, the city is playing the only card they have left: they want us to ignore all this uncomfortable history and to look the other way. There's no problem here, they say. Just give them back management of the water system, and trust them.

But I'm guessing, after 50 years, that it just might be too late for all that... creative accounting (and a silly protest by the usual hapless suspects) notwithstanding.

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RELATED

Pete Kalilner Show
12/10/21012 | Hour One: Water Merger
The City of Asheville is out with its own study of the state-ordered water system merger.

Resolution Condemning Water Merger
Asheville City Council | 12.11.12
Now, Therefore, Be It Resolved...

LTE: Bothwell, Water
Tim Peck | October 2012
City council member Cecil Bothwell offers us a helpful window into the thinking of local government in his recent commentary.

MSD Meeting 11/30

7h Tim Peck ‏@timothypeck
Livetweeting MSD meeting. #avlgov

7h Tim Peck ‏@timothypeck
The gang's all here. #avlgov

7h Tim Peck ‏@timothypeck
There will be no public comment allowed at MSD planning committee meeting. #avlgov

7h Tim Peck ‏@timothypeck
Full MSD board meets Wed 12/12 2:00p to vote on the planning committee proposal. #avlgov

7h Tim Peck ‏@timothypeck
Susan Fisher and Chuck McGrady present. #avlgov

7h Tim Peck ‏@timothypeck
Tom Hartye will give presentation. #avlgov

7h Tim Peck ‏@timothypeck
The food here is great. #avlgov

7h Tim Peck ‏@timothypeck
Elaine Lite is filming MSD meeting. #avlgov

7h Tim Peck ‏@timothypeck
Scott Powell takes over the MSD presentation for the financials. #avlgov

7h Tim Peck ‏@timothypeck
Powell: there is plenty of precedent for water system transfers without compensation. #avlgov

7h Tim Peck ‏@timothypeck
Scott Powell is the MSD Finance Director. #avlgov

6h Tim Peck ‏@timothypeck
Chairman Aceto not present this time.

6h Tim Peck ‏@timothypeck
Developer-contributed amount: $17, 596, 559. #avlgov

6h Tim Peck ‏@timothypeck
Cash transfers: $2,587,041. #avlgov

6h Tim Peck ‏@timothypeck
All figures will be available online after the meeting. http://is.gd/jJ8QI9 #avlgov

6h Tim Peck ‏@timothypeck
Developer contributions calculated from 2004 to present. #avlgov

6h Tim Peck ‏@timothypeck
This proposal is offered as a response to the option of a local solution. #avlgov

6h Tim Peck ‏@timothypeck
Jon Creighton wants to hear more about the water system transfers without compensation. Some were voluntary. #avlgov

6h Tim Peck ‏@timothypeck
Glenn Kelly wants to hear more about the possibility of not getting the watersheds. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer will speak as council member. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer takes the podium as visual aid. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer wants to speak to the compensation issue. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer emphasizes overwhelming referendum vote. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer: city will present proposal 12/11. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer: we will lose money from general fund if water system is lost. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer: Sullivan transfers "a bone thrown to us by GA" since we are treated differently. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer: compensation formula seems based on partisan consideration by adopting the county's model back when we were arguing. #avlgov

6h Tim Peck ‏@timothypeck
Bill Stanley: we're gonna pass this thing and send it to the city and that's where the negotiations will take place. #avlgov

6h Tim Peck ‏@timothypeck
Vote: Manheimer, Pelly: NO, everyone else: YES. #avlgov

6h Tim Peck ‏@timothypeck
13 members on this committee. #avlgov

6h Tim Peck ‏@timothypeck
They're still talking. #avlgov

6h Tim Peck ‏@timothypeck
Going over legal and governance possibilities. #avlgov

6h Tim Peck ‏@timothypeck
Root jokes: "let's just hand over the whole thing to Woodfin." #avlgov

6h Tim Peck ‏@timothypeck
McGrady speaks. #avlgov

6h Tim Peck ‏@timothypeck
McGrady: Moffitt is out of state today. #avlgov

6h Tim Peck ‏@timothypeck
Mayor asked McGrady about rushing the process. #avlgov

6h Tim Peck ‏@timothypeck
McGrady: we have to get something going, it's very complicated, can't just wait until last minute. #avlgov

6h Tim Peck ‏@timothypeck
Henderson county already a part of MSD planning process. Include Cane Creek. #avlgov

6h Tim Peck ‏@timothypeck
McGrady: the breadth of the solution is not fixed. #avlgov

6h Tim Peck ‏@timothypeck
McGrady: may need greater Asheville representation in regional board. But let's not have a 40 member board. #avlgov

6h Tim Peck ‏@timothypeck
McGrady: LRC recommendation does not contemplate compensation. My personal belief is that we HAVE to have compensation. #avlgov

6h Tim Peck ‏@timothypeck
McGrady: we should stop spreading misinformation, esp. about AVL robbing the system. #avlgov

6h Tim Peck ‏@timothypeck
McGrady: legislation will be introduced early in the next session. #avlgov

6h Tim Peck ‏@timothypeck
McGrady: I expect the merger will be rolled out in an incremental fashion. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer: tell us more about Cane Creek. #avlgov

6h Tim Peck ‏@timothypeck
McGrady: Henderson County considering a sewerage operation. Should be a part of regional operation. #avlgov

6h Tim Peck ‏@timothypeck
Manheimer: Cane Creek study should be rolled into Arcadis study. Tom Hartye: we have that study now but separately. #avlgov

6h Tim Peck ‏@timothypeck
Susan Fisher speaks. #avlgov

6h Tim Peck ‏@timothypeck
Fisher: 80% of AVL voters rejected the idea of a merger. (not true, actually) #avlgov

6h Tim Peck ‏@timothypeck
Fisher: I hope to be surprised after all studies and negotiations. #avlgov

6h Tim Peck ‏@timothypeck
Meeting adjourned. #avlgov

5h Tim Peck ‏@timothypeck
So, Barry Summers tried to pick a fight in the MSD lobby. What a piece of work. #avlgov

5h Tim Peck ‏@timothypeck
The Sullivan transfer figure $2.6M is three years of legitimate transfers that should have stayed in the system. #avlgov

5h Tim Peck ‏@timothypeck
The other deduction is $21,396,956 for "Direct Payments to the City Per Water Agreement." #avlgov

5h Tim Peck ‏@timothypeck
Planning Committee Presentation - November 30, 2012 http://is.gd/jJ8QI9 #avlgov

The Evolution of a Shibboleth

Opposition to the water merger has strangely evolved over the last several months as each phony objection gets handily batted down.

First, the water merger was declared to be a bad deal because it was just plain ole THEFT.

Then it was a bad deal because it was a SEIZURE by a bully.

Then it was a bad deal because it might lead to PRIVATIZATION.

Then is was a bad deal because it would mean JOB LOSSES for city employees.

Then it was a bad deal because it would be COSTLY to ratepayers.

Then it was a bad deal because there was NO DEFINED COMPENSATION for the city.

Then it was a bad deal because NO DEFINED LEASE OPTION being considered in the studies.

Then it was a bad deal because the process is being RUSHED.

Now it's a bad deal because Henderson County leaders are pushing for undue representation on the regional board as part of a POWER GRAB.

Where it will go next is anybody's guess. We will be taking requests.

**UPDATE**

Now the water merger is a bad deal due to fears of WHO'S NEXT?