to Representative Paul DeMarco
I have done the research you challenged me to do on this subject and though I find you are correct on the aspect of the City not owning anything but the right to appoint the BWWB members, historically, I find this has always been the arrangement – before, during, and after, the City of Birmingham held the assets. As well, I have found additional information I do believe you should be considering when contemplating refiling a legislative action to reconstitute the Birmingham Water Works Board, attached below.
I have reviewed the information provided to me by the BWWB on their operations, budget, capital, and conduct/transparency in business and have found them to be held to and delivering at the highest of standards. (state of waterworks pdf below)
It strikes me that, as there has been no outcry of poor quality, excessively high rates, or failure to maintain our water system to the highest of integrity, why one would entertain to fix what apparently is working just fine. As well, at this time in history, the City of Birmingham has appointed the most dynamic and responsive of boards that we have seen in a long time.
I understand the issues of representation that you intend to resolve, especially in an election year. However, with 95 percent of customers and revenue being generated within the borders of Jefferson County, I can see no reason to add or readjust the board to include a 5 percent interest constituency. It would seem apparent, once engaging the BWWB in conversation and doing a bit of research, that the outlying counties who receive services are City of Birmingham residents in Shelby County, outlying areas that voluntarily made the decision to align with BWWB, or – as in the case of Walker and Blount counties – had no other choice but to request to be added into the system. I am not hearing from anyone in those sectors asking to have representation on the board. Neither do I find any fact based reasons to accuse the BWWB of failing to do their job – and according to the data given in their power point (state of the waterworks pdf) they are doing it well. I only wish our city, county, and state were run as fiscally sound.
I am attaching the data you challenged me to find as far as the legal relationship between the City and the BWWB (1st 3 pdf). I am also attaching the response of the BWWB to your past legislative proposal (bwwbresponseon pdf) to review. I find the facts to be clear and the need to continue allowing the BWWB to do what they are doing, in the manner in which they are doing it, to the best of their ability is imperative to the growth of our region, the stability of our system, and the integrity of our water assets.
I do support language that would secure, at the state level, the appointment of one representative from over the mountain as well as the term limits to two terms period. That would clarify what the City has failed to solidify with those “gentlemen’s agreements” made through the years. However, any other action towards the BWWB at this time would, without further data and justification, prove to be self-serving, irresponsible, and short sighted.
Now, I must also state, the comments made by some of your Democrat delegation were quite offensive. Many in attendance, including City Council and BWWB members, agreed those comments were made only to incite divisive action on both sides of the political coin. It is quite a shame that al.com chose to only report on the ugly and not the facts of the evening. However, it is imperative that you, the Republican delegation, temper your forward movement in a way that will not divide us further. Please carefully consider the greater good that can be done here, scale back your actions, and engage the BWWB in a discussion for the future.
I do believe that the greater good we should be considering here is that the service and water given to us by the BWWB are top notch – ultimately that the rates are equitable, the business is conducted transparently, and the administration of this asset is responsible, proactive, and fiscally sound – which is most evidenced here by the facts. I hope this information finds your mind open, your heart forgiving to your colleagues, and your focus on ensuring that the BWWB continues on in the same manner in which it is working today – providing us with the highest quality of water and securing that delivery of that water is made in a safe, timely fashion for years and years to come.
Kim Rafferty, City Council, District 2
Birmingham, AL
