It's about power - not water

by Carl Mumpower, former Asheville Councilman, published in Asheville Citizen-Times, November 2, 2015

Conserve [v. kuh n-surv] To use or manage wisely; preserve; save

North Carolina’s Court of Appeals just threw a cold bucket of water on municipal governance. In ruling the State Assembly has the power to seize Asheville’s water system, the boundaries of justice were mightily breeched.

The court’s ruling centered on power – not morality. It revealed the irony of a Republican-led Assembly routinely lamenting Washington overreach while duplicating the model.

Mind if another Republican pushes back?

A little history

100+ years ago Asheville’s city fathers had the foresight to purchase and construct the Bee Tree and North Fork reservoirs. These projects represent the heart of the city-owned water system.

In the 1930s, an agreement was struck with Buncombe to absorb other county-located waterlines in exchange for equal rate consideration. The Sullivan Act sealed the deal.

For decades, Asheville – just like all other N.C. cities owning a water system – used water revenue to support city services. Though most cities defaulted on Depression-era bonds, Asheville uniquely paid up and water funds were crucial to that success.

In the interim years, there were various abortive efforts to craft a cooperative management system. More often than not, selfish interests prevailed over how best to keep things watered.

Early in this century, Mayor Charlie Worley and City Manager Jim Westbrook accurately determined the Sullivan Act was no longer relevant. With unanimous council approval, Asheville reestablished self-management.

Counteraction was immediate. Chairman Nathan Ramsey and Buncombe’s commission embraced our Raleigh reps – Martin Nesbitt, Wilma Sherrill, Bruce Goforth and Susan Fisher – in a bipartisan effort to stop Asheville. County staff drafted the initial language of new legislation – Sullivan Acts II and III – subsequently passed by Raleigh’s Democrat-controlled Assembly. Though Asheville retained theoretical ownership, effective control was lost.

After a fruitless legal confrontation, false calm lingered until then-state Rep. Tim Moffitt wrangled further legislation through Raleigh’s rookie Republican majority. That action was again legally challenged – bringing us to the present and anticipated appeals.

A few facts

For proof the Sullivan Act was no longer relevant, look for something missing – all those old water lines – and something new – Sullivan Acts II & III. Those lines died long ago and Sullivan mini-mes wouldn’t have been necessary if the first still held water.

The measured use of water revenue for city expenses is common to all N.C. municipalities, as is charging a differential rate to compensate for the double taxation burden of city residency. Weaverville, Hendersonville and Canton do it and at higher levels than Asheville proposed. As for Asheville’s much heralded system mismanagement, considering the water pressure necessary to our topography, maintenance is no better or worse than most.

Though Moffitt is routinely targeted as the point man for Asheville’s water miseries, he might be better described as the unwitting decoy who fired the last shot. The lethal rounds originated from the bevy named above – all of whom handily dodged accountability. Amazingly, one of the gang still represents those she pilfered.

Why it’s wrong

Stealing is immoral – whether you’re robbing someone’s house or a city’s water system. The billion plus value makes this the greatest act of political larceny in our state’s history.

The insult multiplies with city leaders now pinned as ‘useful idiots’ with pretend powers to govern. Raleigh’s duplication of Washington’s ‘authority without responsibility’ model makes it so.

No one else is being hit like Asheville – including the three cities mentioned above.

I’ll leave betrayals by stealthy Democratic representatives to their party’s problematic conscience. As a Republican, it’s my responsibility to clean up my own house. That point of action is clear – heavy-handed centralized governance and eminent domain are against everything Republicanism is about.

What we should do

Thinking regionally is fine, but that dance shouldn’t begin with the taint of criminal enterprise. Fair compensation is necessary as is treating other cities like Asheville or Asheville-like other cities. Self-service should not trump right and wrong. Legal action against Raleigh’s delinquency is correct and commendable.

And we need to hold double-talking past, current and future leaders publicly accountable. This muddy mess will haunt our region’s future and it’s silly to suggest the misery tracks to one guy. There are so many political skeletons hiding in closets that if we ever get real about the truth, it will look like a Halloween redo.

Closing note: If Raleigh’s current Republican majority successfully finalizes the injury of Sullivan Acts II and III earlier championed by a Democratic majority; as promised, I’ll reluctantly leave my party. I’d rather swim alone than row a ship of indifference captained by chameleons…

Carl Mumpower is a former elected official and Asheville psychologist.

http://www.citizen-times.com/story/opinion/contributors/2015/11/02/power-water/75032970/