Blythewood Online 691

Category: Government

  • SC House District 41 candidates have their say

    • Annie McDaniel
    • Charlene Herring
    SC Rep. Annie E. McDaniel

    I know District 41 and will fight for it because Fairfield is home. I am a lifelong resident of Fairfield County and educated by our public schools. I am a proud alumna of the University of South Carolina where I earned a Bachelor of Science degree in Business Administration with a major in Accounting and my Master’s Degree in Public Administration.  I also completed two Ph.D. level education administration courses in Finance while earning my Master’s Degree.

    I know the value of education and the love our teachers pour into our children. In 2000, I was elected to and served 18 years as a member of the Fairfield County School District Board of Trustees, fighting for our children, teachers, and public schools. During my tenure on the School Board, I was elected to the State School Boards Association Board and served locally as Board Chair, Secretary, Finance Committee Chair, Student Hearing Committee member, and Delegate to the SCSBA Delegate Assembly. My work and experience with students, parents, and teachers fundamentally impacted how I view public service.

    This experience served as a backdrop for my 2018 campaign to represent District 41 in the South Carolina State House. With a rich background serving in the field of education, you allowed me to expand my service and tackle the challenges we face as a community in the fields of healthcare, economic empowerment, environmental protection, and quality of life.  I am proud of the blessings my constituents have received as a result of my service to District 41.

    In November of 2018, I was elected to the SC General Assembly.  My 2018 bid was historic because I became the first African American since reconstruction, and the only African American woman to represent District 41. This history has been humbling and has inspired me to fight for ALL South Carolinians. Our destiny as a State and District are truly tied together as one and I am committed to ensuring that our destiny is bright!

    During my first year in office, noteworthy accomplishments included being the first freshman legislator to get a bill passed (E-Rate expansion) and my appointment as a SC State Director for the National Women in Government Organization. Additionally, I serve on the Medical, Military, Public, and Municipal Affairs Committee.

    I would be honored to receive your support on June 9th. The Governor recently signed a bill allowing no excuse absentee voting during this primary.  I encourage you to visit scvotes.org to request an absentee ballot and vote now through June 8th. You may also absentee vote in-person through June 8th at Midlands Technical College’s Fairfield Campus.

    I am proud of the work I have accomplished thus far and am dedicated to continuing to fight for you and your families.

    Challenger Charlene Herring

    A Voice for Education, Business, Towns and Cities

     As a lifelong educator, small business entrepreneur and former mayor, I am now a candidate for SC House District 41 which encompasses Chester, Fairfield and Richland Counties.

    The pandemic does not care if we are Democrat or Republican. We are all in this together and my mission is to be our voice for education, business and towns and cities in the new “normal”. It will require a flexible vision as well as creative and collaborative problem solving strategies to recover our economy.

    America was built and will survive this pandemic on the backs of business and industry, but continued assistance must come from all levels of government and in different formats. I am a small business owner myself, a member of the Board of Directors of the Fairfield County Chamber of Commerce and a former three-term mayor of Ridgeway.  I had the opportunity to lead the initiative for accelerated business growth in our community.  I understand the value of a team approach and the necessity to develop strong partnerships to assist small businesses in re-inventing themselves through training, business start-ups, e-commerce and monetary incentives. 

    My passion for education is evident. I have been recognized early in my profession as a SC State Teacher of the Year Finalist. I want to use my extensive and successful career experience in public education, both teaching and administration, to make some real improvements in the way we educate our children. I plan to visit classrooms and schools to see and hear firsthand the prevalent needs of educators and students.  I want to engage the public and to work personally to support the implementation of teacher retention strategies as well as the accessibility of broadband internet service for all students at home.

    Regarding towns and cities, I will work to secure reliable funding levels through legislation concerning the Local Government Fund so government entities can continue to provide the needed services of safety, health care, infrastructure, recreation and cultural activities for their citizens. I will support local and fiscal accountability and management of resources that are critical to serving citizens and governing efficiently and effectively.

    I am prepared to bring a lifetime of public service and merge it with my strong work ethic to make the quality of life better for all of us in House District 41. I can do it if you will give me the opportunity.

    Please visit HerringforSCHouseDistrict41.website or my Facebook page for more information.

  • PC recommends commercial zoning

    Council’s Votes Override Staff Recommendation

    BLYTHEWOOD – Blythewood Planning Commission disregarded Town Administrator Brian Cook’s recommendation to vote against a request to rezone a Rural (RU) zoned property on Wilson Boulevard for commercial use. The commission voted unanimously Monday evening to recommend that town council rezone the property to a commercial zoning designation – Multi-Neighborhood Office (MO) District.

    The property in question, located at 10715 Wilson Blvd. is zoned RU, with Neighborhood Commercial (NC) zoning on one side, MO zoning on the other side and RU zoning to the north, the rear and across Wilson Boulevard to the east, according to Cook. The property backs up to a neighborhood of residential properties, all zoned RU.

    Cook explained that the future land use map in Blythewood’s Comprehensive Plan currently designates the property for rural residential use.

    “The idea for a rezoning in Blythewood is to discourage urban sprawl down our corridors that enter our Town of Blythewood. We want to encourage commercial zoning in pockets [in designated areas] and discourage sprawl along roadways,” Cook said.

    “Based on that and where the property is located, staff would not recommend the rezoning request at this time,” Cook said. “The potential would be to piggyback down the corridor with the same [commercial] zoning.”

    Applicant Taricka Taylor appeared virtually before the commission Monday evening to request rezoning of the property, which she owns, to MO, telling commissioners that at least five properties on either side of her property are all currently zoned commercial – “the day care, Dan Creed’s, the property I own, the property I rent now and the horse farm.”

    While only two properties in that segment of properties she referred to are zoned commercial – one is zoned Neighborhood Commercial (NC) and one is zoned MO – commissioners chose Taylor’s interpretation of the zoning.

    “It sounds like a reasonable request to me,” Commissioner Malcolm Gordge told his fellow commissioners. “I realize our intent is to avoid cluster development along our corridors into our town. But a business is already there [next to the property requesting MO zoning.] To me it seems perfectly in keeping with other businesses along there zoned for commercial use. I would favor granting the request on further down, there’s a little school enterprise and three businesses operating there.”

    Commissioner Ed Kesser agreed.

    “There’s a lot of commercial properties on that side of the road,” Kesser said. “I think it’s a great commercial site and should be rezoned. I recommend the property rezoning be approved.”

    And with that, it was – unanimously – with no further discussion.

    The two properties in that block that have actual commercial zoning designations are the one Taylor currently leases with MO zoning, and another property that has a more restrictive NC zoning. The horse farm and day care are zoned RU and are permitted in RU zoning.

    Taylor said she currently operates an interior design business at the MO zoned property at 10711 Wilson Boulevard, but purchased the property next door for which she is requesting the commercial rezoning for her current business.

    Asked by The Voice about the zoning requirements for Taylor’s business, Cook said MO zoning is a higher use zoning than Taylor’s current business would require. NC and NO zoning, he said, would accommodate her business as it is now.  Both NC and NO are more restrictive, allowing only light commercial uses and building footprints are restricted to 5,000 square feet in NO and up to 10,000 square feet for NC zoning under certain conditions. MO zoning jumps to medium commercial uses and up to 15,000 square foot buildings under certain conditions.

    The property requested to be rezoned is in proximity to a residential neighborhood in the rear and around the corner from Rimer Pond Road, where residents have long fought against commercial zoning.

    In March of 2015, as then chairman of the planning commission, Gordge, championed commercial zoning on a nearby parcel on Rimer Pond Road. In response to a request from an out-of-town owner for commercial rezoning of his Rimer Pond Road RU zoned property, Gordge, on behalf of the town, sent a letter that was obtained by The Voice. The letter read in part:  “The Mayor and I have discussed your desire to amend the zoning of the property in question from Rural to Commercial and we would like to help you if at all possible.”

    Gordge went on to write that, “the staff at Town Hall and myself would welcome the opportunity to chat with you informally and under no obligation about your plans and how the Town might help.”

    Gordge advised Warren that in order for the Town to help him he would need to annex the property into the Town. Gordge further stated that Warren could “feel free to write, call or e-mail me in confidence at any time.”

    After a number of Rimer Pond Road residents opposed the rezoning request during a planning commission meeting, the issue did not come up again.

    Because council’s next regular meeting falls on Memorial Day, the rezoning request will be heard by Town Council at 7 p.m., on Tuesday, May 26.

  • County sues over failed roads, bridges

    RIDGEWAY – As Fairfield County plans a major economic development investment by building a water and sewer plant, pending litigation has complicated another multi-million dollar infrastructure project.

    Fairfield County says an engineering firm and general contractor are responsible for the failure of several support walls at the Fairfield County Commerce Center in Ridgeway, according to pending lawsuit.

    Filed February 10, the suit names Alliance Consulting Engineers, Wiley Easton Construction Company and Mutual Casualty Company as co-defendants.

    The suit seeks actual, incidental and consequential damages in an amount to be determined at trial. It also seeks legal fees and interest.

    “As a direct and proximate result of design and construction defects at the Project, the County has suffered and will continue to suffer numerous damages,” the suit states.

    Those damages, according to the suit, include “water infiltration and resultant property damage to the retaining walls, standing walls, asphalt degradation and separation, erosion, costs to repair the defective conditions and damaged property, and additional maintenance expenses.”

    Alliance, Wiley and Mutual Casualty have filed responses denying most of the assertions in the litigation.

    Alliance and Wiley have also filed counterclaims against F&ME Consultants, a subcontractor working for both firms, naming the company as a third party defendant.

    Wiley has filed two additional counterclaims against subcontractors S&ME, Inc. and Soil Reinforcement Contractors; and a fourth counterclaim against Fairfield County, according to court documents.

    No court date has been set. A deadline of September 7 has been set for pre-trial mediation.

    Fairfield County says in its lawsuit that it contracted with Wiley for $6.54 million to build a road and perform water and wastewater improvements at the Fairfield County Commerce Center in Ridgeway.

    Alliance provided some design and construction administration work related to development and construction of the commerce center. Mutual Casualty provided a performance bond to Wiley for the contract amount, court documents state.

    The work involved building mechanically stabilized earth walls, or MSE walls. The walls were built in pairs at three drainage crossings at three culvert locations along a new access road, according to the suit.

    Fairfield County says that in January 2019, it learned the walls were exhibiting evidence of severe failure, and that the defendants knew about the failures as early as November 2018.

    “The excessive deformation and strength failures will require extensive remediation and stabilization to satisfactorily perform for their intended service lives,” the suit states. “The defective conditions are a result of design and construction errors related to storm water management and site drainage.”

    The county also said that the initial contract required substantial completion within 436 days from the Notice to Proceed. However, various change orders pushed the substantial completion date to 836 days.

    The commerce center issue crept into budget discussions during a county budget workshop Monday night.

    “We need those sites open in the industrial park. Those roads and bridges and stuff that need to be redone, what’s been done to Alliance to make them get off their behinds and go to work?” asked Councilman Jimmy Ray Douglas.

    Taylor pointed to the ongoing litigation, noting it would likely impact next year’s budget. The county anticipates spending at least $100,000 extra in legal fees, according to draft budget documents.

    “That’s one of the things that you’ll see reflected in the budget. We do have considerably more in legal fees this time,” Taylor said. “That’s one of the main reasons we do, we do anticipate having to fully go to court with Alliance.”

    In its response, Wiley denies most of Fairfield County’s allegations, including the allegation that Wiley knew about the wall failures weeks before notifying the county.

    “Defendant asserts that it has learned of potential wall failure and has been working with contractors, engineers and architects in an effort to try to repair the issues with the wall,” the response states.

    Alliance’s and Wiley’s counterclaims assert any deficiencies in the walls is the responsibility of F&ME, citing negligence, breach of contract, warranty breaches and other breaches.

    “F&ME undertook and had a duty to Alliance to exercise and use due care in design, construction, inspection, maintenance, management and/or repair of the Project and to avoid injury or damage to Alliance or the work,” Alliance’s counterclaim states.

    Wiley’s counterclaim also blames the other subcontractors, too.

    “The damages alleged by Plaintiffs, if any, were due solely to the actions of S&ME, Inc., F&ME Consultants, Inc. and Soil Reinforcement Contractors, LLC and were not caused by any act or omission on the part of the Defendant,” the countersuit states.

    Neither F&ME nor Soil Reinforcement Contractors had filed a response as of press time, according to the Fairfield County Public Index.

    On April 7, S&ME filed an answer that denies most allegations in Wiley’s countersuit.

    S&ME says it was retained by Soil Reinforcement Contractors to perform some professional design services for the project, and that Soil Reinforcement Contractors build the walls.

    S&ME’s reply also blames Wiley for the wall failures, saying the contractor “contributed to more than fifty percent (50%) to the cause of the damages,” the response states.

    “The intervening and superseding acts of third parties over whom S&ME had no authority, responsibility, or control” were also responsible, the response continues.

    S&ME has asked that the litigation filed against it be dismissed and seeks court costs and other relief deemed proper.

  • County revenue down, expenses up

    WINNSBORO – After a year of robust industrial growth and budget surpluses, Fairfield County’s outlook is much more conservative in 2020-2021.

    Declining tax revenues partially tied to the transfer of lands associated with the collapse of SCE&G and the new arrangement between Dominion and Santee-Cooper, looks to pinch next year’s budget, which council members discussed at a workshop Monday night.

    “We do anticipate revenues being down considerably, by a million to a million and a half potentially,” County Administrator Jason Taylor said.

    Taylor said the county will need to replenish reserves it typically spends on incentives and also matching state funds, further cramping the budget.

    “We’re going to have to be more fiscally conservative this year,” Taylor said. “We are not proposing any capital investments of a large magnitude nor any large projects this year.”

    Fairfield County’s net position surged by $1.9 million in the 2019-2020 fiscal year. Revenues alone were up about $507,000.

    But with the budget tightening, next year’s budget will be heavily focused on providing essential services.

    “It is always important that we protect our revenues so that we can provide our core services that keep people safe, our fire, our EMS, our sheriff’s department. We have to support those services,” Taylor said.

    Monday’s budget workshop was live streamed via YouTube due to the coronavirus pandemic social distancing requirements. Another budget workshop has tentatively been scheduled for Monday, May 4 at 5:30 p.m.

    At Monday’s workshop, some council members asked about the fund balance. Comptroller Anne Bass said the total fund balance has about $22 million, up about $1.33 million from last year.

    However, the county expects to spend roughly $5.5 million from the fund balance to help meet expenses. It’s a practice the county otherwise prefers to avoid.

    “We’ve been very fortunate in the past where we didn’t have to pull from it,” Bass said. “We certainly don’t want to make that dependence greater.”

    Salary increases are a priority in next year’s budget, with an emphasis on lower tier employees, such as mechanics, corrections officers, dispatchers and heavy equipment operators, said Brad Caulder, the county’s Human Resource director.

    Those positions, Caulder said, are extremely hard to fill because comparable positions in the private sector offer considerably higher pay. Offering higher raises to lower wage earners costs about the same as offering more modest increases across the board and is more appreciated than occasional one-time bonuses, he said.

    “You’ve got a lot of industry paying $14, $15, $16 an hour. Our maintenance positions are nowhere near that,” Caulder said. “We can’t fill temporary spots. We would achieve a lot more this way.”

    Council Chairman Neil Robinson and Councilman Moses Bell both liked the tiered approach to raises, with Robinson noting “It brings them up to a level playing field.”

     Lawsuit lifts legal costs

    The proposed budget also includes an additional $100,000 in legal expenses, mostly in relation to a pending lawsuit at the Fairfield County Commerce Center.

    In February, Fairfield County sued Alliance Consulting Engineers and Wiley Easton Construction Company relating to failed road and bridge work at the Commerce Center off Peach Road.

    Councilman Jimmy Ray Douglas raised the issue early in the budget meeting.

    “We need those sites open in the industrial park. Those roads and bridges need to be redone.” Douglas said.

    Taylor pointed to the ongoing litigation [See ‘County sues over failed roads, bridges,’ p1], noting it would likely impact next year’s budget.

    “That’s one of the things that you’ll see reflected in the budget. We do have considerably more in legal fees this time,” Taylor said. “That’s because we anticipate having to fully go to court with Alliance.”

     Bonuses, solicitor office salaries

    In other budget matters, council members questioned two other compensation related proposals — longevity bonuses and solicitor’s office salaries.

    The early budget draft calls for $50,000 for longevity bonuses to be divvied up among veteran employees.

    Caulder said the bonuses have historically been written into past budgets and are paid out around Christmastime. He said some employees with two years of experience who technically didn’t qualify for the bonuses felt left out.

    Councilman Douglas Pauley noted that longevity bonuses should only be paid to workers with longer tenure.

    “I don’t see one year as longevity. I would ask that council consider a period of 10 years or five years,” Pauley said. “If you’re here a year or six months, you’re on probation. I would like to see that restructured.”

    Council members also seemed lukewarm over a request from Solicitor Randy Newman, who’s requesting a $25,189 (28 percent) budget increase, according to budget records. The solicitor’s office also represents Chester and Lancaster counties, and receives additional funding from the state.

    County leaders said the solicitor wants to establish a drug court and also create a salary ladder.

    “This is something he brings up every year. The solicitor has been an advocate for his department, and he’s asking for additional wages to attract qualified applicants,” Taylor said. “That’s what he’s trying to do, to move people up as they prove themselves. We have pushed back on it in the past.”

    Robinson was skeptical of the request.

    “We’re cutting county agencies almost to the bare minimum and we have outside agencies coming in and requesting [funds],” he said.

    Pauley agreed.

    “It’s not the county’s fault that the state isn’t funding him like it should be,” Pauley said. “The state had a huge surplus this year. It’s not the county to pick up what the state’s not funding.”

  • Absentee Voting Changes – Fairfield County

  • Panel plans wastewater upgrade

    WINNSBORO – A proposed capital projects sales tax to help finance a new wastewater treatment plant is expected to generate roughly $11.5 million over the next eight years, according to Fairfield County estimates.

    Particulars of how those funds should be allocated and administered rests with a newly created capital projects sales tax commission, which held its inaugural meeting April 15.

    The commission is tasked with developing a proposed referendum question, which Fairfield County Council must adopt by August 15 for it to appear on the November general election ballot.

    The need for a wastewater plant is simple – economic development, said County Administrator Jason Taylor.

    “A sewer plant is essentially a means to an end. That end is a better quality of life for our citizens, economic opportunity for our citizens,” Taylor said. “We have a declining population. We have to do something to turn that around, to make Fairfield County sustainable economically.”

    The proposed wastewater plant would be built at a location that hasn’t been disclosed because property negotiations are ongoing. Once the land is purchased, the county plans to build the wastewater plant there.

    If voters approve the referendum, the tax would go into effect in May 2021 and generate about $1.4 million per year in the first three years, with modest growth possible in future years, said C.D. Rhodes, an attorney assisting Fairfield County with the referendum.

    Rhodes spent most of last week’s meeting briefing committee members on the nuances of state law regarding capital projects sales taxes.

    The proposed tax would add a penny of sales tax to most items except groceries and medicine. Revenues raised could be used to leverage additional funding via general obligation bonds, Rhodes said.

    “I think in this case, that’s going to be a necessity,” he said. “It really is an excellent tool. It’s a flexible tool for counties to use to fund these large-scale [projects].”

    At least half of the state’s 46 counties use capital projects tax revenues to leverage bonds, and four to five others have done so in the past, Rhodes added

    “This really is on a statewide basis. It’s being seen as an essential tool to fund capital projects,” he said.

    Fairfield County officials say a new wastewater plant is imperative to luring new industry.

    Ty Davenport, the county’s economic development director, said Fairfield is one of five finalists to land a new industry.

    That industry, he said, anticipates using 30,000 gallons of wastewater per day, nearly matching the county’s current daily capacity of 34,000 gallons.

    “That will leave us with 4,000 gallons per day of capacity, which is basically zero,” Davenport said. “If we don’t expand our capacity in the county, economic development basically stops. If you lose a company, you’re going backwards.”

    Economic growth isn’t limited to big industry. Fairfield County officials note that housing growth is at a virtual standstill too without adequate wastewater service.

    “We can’t build a residential neighborhood in the county because it would be difficult to get sewer service. We want good housing stock and good places to live,” Davenport said.

    Tax commission members said they understood the need for economic development, but also wanted more details about the proposed wastewater project and process for funding it.

    To that end, they asked county staff to generate an FAQ list to proactively answer questions that may arise from the public.

    “We need to have sewer and water just to, at a bare minimum, interest people to come into Fairfield County,” said Commissioner Rick Gibson. “But I’d like to be just a little bit more informed before we push off from the shore.”

    Others also inquired about accountability, specifically asking for oversight of how the tax money gets spent.

    Rhodes said the S.C. Department of Revenue (DOR) provides administrative oversight to ensure tax money is spent as intended.

    He also said the judicial system provides another layer of accountability, referencing civil litigation challenging how Richland County’s road tax funds have been spent.

    “In the event that the county council attempts to spend this money in a way that’s outside the bounds of the act, then they would be violating the law, and they’d be subject to a lawsuit,” Rhodes said. “Richland County has been the poster child for playing fast and loose with [sales tax money].”

    Commissioners also asked if tax revenues could be posted online.

    Taylor said that shouldn’t be difficult since the DOR disburses funds quarterly. Rhodes concurred, saying the county and commission should act with transparency.

    “If you are not being transparent, if you’re not engaging the public, then someone out there is going to flush you out,” Rhodes said. “They are going to lambaste you on Facebook and make your life miserable. There is no hiding in this day and age. Being transparent and having lots of public engagement is an absolute necessity if you are going to be successful in one of these initiatives.”

    In other business, the group appointed Herb Rentz as chairman, Charlene Herring as vice-chair and Harriet Brown as secretary. Other members include Randy Bright, Rick Gibson and Russ Brown.

  • Blythewood council zooms into homes

    Now showing on computer screens near you: next meeting zooms April 27 at 7 p.m. The first public meeting is tentatively set for May 14, when the official budget workshop will be held.

    BLYTHEWOOD – In a special called virtual meeting Monday afternoon at 2 p.m., Town Council appeared online via ZOOM to discuss the disposition of ATAX and HTAX funds that Council has already dispersed to organizations for events that, because of the COVID-19 shutdown, have been cancelled.

    During a meeting earlier this year, Council voted to give $20,000 to the South Carolina Diamond Invitational baseball tournament that was to be played April 15-18. 

    “We’ve already given them $16,000 of that money. The tournament has been cancelled now, and I recommend they just keep the money and use it next year,” Mayor Bryan Franklin said.

    “But we don’t know what’s going to happen next year,” Councilman Larry Griffin said. “I suggest they send the money back to the Town [government], and we can make adjustments in the bookkeeping. Then we’ll see what’s going to happen next year. That way we’re protecting the Town’s money.”

    “That sounds reasonable,” Franklin said. “And if they’ve already spent $2,000 of that money, they can account for that on a spread sheet.”

    Rodeo

    Franklin said Buck Coggins had already received $20,000 of a $25,000 HTAX award for the rodeo that was re-scheduled from April 24-25 to November, 2020.  Because the event has been rescheduled, he is being allowed to keep the money for the November event.

    Council will consider funding for other events scheduled in July and August as the event gets closer, Franklin said. One of those events is an LPGA golf tournament arranged by Christie Coggins to be held at Cobblestone Park in August.

    “That event is expected to bring about 50,000 people to town, and she will be requesting HTAX funds for that,” Franklin said.

    Farmers Market Opens

    In other business, council voted to allow the Farmers’ Market to hold its season opening in the park on Wednesday from 4 – 7 p.m.

    Franklin said the market is an essential business just like the state farmer’s market and that the Wednesday event would observe all the governor’s COVID-19 restrictions and guidelines for social distancing – gloves worn, no food vendors and no live bands.

    “It’s no more dangerous than going to the grocery store,” Franklin said.

    Some members expressed an interest in opening up the entire park but, after a half hour discussion about what areas actually makes up the park and whether they should mark off certain areas with police tape, council members voted 5 – 0 to open only the Farmers’ Market.

    Late Fees Waved

    In another 5 – 0 vote, Council waived the late fees on business license renewals until June 1.

    There was also some discussion about waiving ATAX and HTAX payments to Town Hall, but town attorney Jim Meggs said there is a difference between a business license fee and accommodation and hospitality taxes.

    “ATAX and HTAX are actually trust monies collected by the restaurants and hoteliers from the tourists and remitted to the Town [government],”Meggs said. “That’s different from giving relief to our businesses from paying late fees for a business license they have not yet paid for.”

    Town Clerk Melissa Cowen said of the 235 businesses in the town, only a few have not renewed their business license, and that during the COVID-19 shutdown, she has not been charging late fees for late renewals.

    Budget Schedule

    Council voted 5 – 0 on a budget schedule proposed by Town Administrator Brian Cook.

    “In lieu of having our usual public council budget workshop,” Cook said, “I will have one-on-one meetings with each council member at town hall the first week in May. On May 14, we’ll have the official budget workshop where citizens can participate. Then the goal meeting is set for Tuesday, May 26 when we’ll have first reading of the draft,” Cook said. “We’ll have our regular meeting on June 22 for final reading and a public hearing.”

    ZOOM Meetings

    Finally, after an almost three-hour meeting, council voted 5 – 0 to allow the town’s subordinate boards and commissions to meet using ZOOM if they so choose.

    The next meeting will be another ZOOM meeting on Monday, April 27, at 7 p.m. To watch the ZOOM meeting, go to townofblythewoodsc.gov and click on the YouTube icon in the lower left corner of the screen.

  • Fairfield councilwoman countersues JWC

    JENKINSVILLE – Jenkinsville Water Company’s lawsuit against one of its fiercest critics “is atrocious” and “utterly intolerable in a civilized community” according to a response and countersuit recently filed in Fairfield County Circuit Court.

    On March 4, the JWC filed a slander and defamation lawsuit against Fairfield County Councilwoman Bertha Goins, alleging her criticisms damaged the organization’s reputation.

    All told, Goins’ response to the lawsuit lists 13 defenses and six counterclaims. Several defenses note that the JWC has had a long history of trouble with state and federal regulatory agencies.

    Among them is a new revelation that the Environmental Protection Agency (EPA) has labeled the JWC as a “serious violator,” according to the litigation and EPA website.

    The website notes that the EPA found the JWC in non-compliance for nine of the past 12 quarters.

    Further, the site states the JWC has had two quarters with “significant violations” and 20 informal enforcement actions in the past five years.

    In bringing suit, the JWC has said Goins’ past comments that Jenksinville water is “substandard” and contains sediment are untrue.

    “The above-referenced statements are false, defamatory and impugne [sic] the good reputation Jenkinsville Water Co. has with respect to the quality of its water,” the original lawsuit states.

    The JWC and its lawyer have also touted recent state water tasting contests the organization has won.
    However, only a small fraction of the state’s water companies actually entered the contest. Also, the contest officials said they didn’t verify the authenticity of submitted water samples, relying instead on an honors system, a representative of the state rural water association told The Voice.

    The JWC has faced additional violations from the S.C. Public Service Commission and S.C. Department of Health and Environmental Control, according to the counterclaim.

    In her response, Goins asserts the JWC has a duty to provide water “water that is safe for them to drink, to cook with, to bathe in, and to otherwise use in their homes.”

    Upon information and belief, Jenkinsville Water Company has a long history of failing to comply with the rules and regulations of the Public Service Commission…[and it] does this to avoid appropriate oversight of its operations,” the litigation states.

    The counterclaim goes on to say that the JWC routinely violates the state’s Freedom of Information Act, and that the water company is using the legal system to harass and intimidate Goins.

    Goins has requested a jury trial and seeks a slew of unspecified actual, punitive and other damages.

    “Defendant asserts that Plaintiff’s conduct as described herein, and as will be shown at the trial of this matter, is atrocious, utterly intolerable in a civilized community, and so extreme and outrageous as to exceed all possible bounds of decency,” the countersuit states.

    Read more about this developing story in Thursday’s edition of The Voice.

  • R2 board suspends public comment

    SCSBA Recommends Districts Not Accept FOIA Requests During Pandemic

    COLUMBIA – In an effort to curtail the spread of COVID-19, the Richland Two school district has followed the lead of other government agencies by streaming meetings electronically.

    No member of the public may attend meetings in person nor participate in public comments. They can listen to audio on the district’s website.

    By a 6-1 vote, the Richland Two board voted Tuesday night to suspend policy BEDH, which spells out the district’s public participation policy. Board trustee Lindsay Agostini opposed the measure.

    In a related vote, the board also voted to cancel the April 7 meeting, citing a lack of business to address. That vote passed unanimously.

    Agostini said she voted against suspending policy BEDH, fearing it would prevent parents with students facing expulsion hearings from addressing the board.

    “While not frequent, on more than one occasion we’ve had parents come and address the board in public participation,” she said. “As long as we’re having a board meeting and talking about appeals, I can’t support this.”

    Trustee Amelia McKie said suspending the policy doesn’t prevent parents or the community from communicating concerns to the board. She said it’s imperative to make meetings “more skeletal” to protect district staff, students and the public from COVID-19, also known as the novel coronavirus.

    Initially, the board agenda only stated that the board planned to vote to take action on policy BEDH, without any explanation. Board agendas typically include supporting documentation further explaining the measure being voted on.

    After The Voice brought this to Richland Two’s attention, the district amended the agenda to state that the board planned to suspend policy BEDH.

    The decision to suspend public participation came at the recommendation of the SCSBA, according to the revised agenda. On its website, the SCSBA recommends “temporarily eliminating public comment” periods as a way to curtail COVID-19.

    “If your board policy allows for public comment, the board should make a motion and approve temporary suspension of the associated policy… until the COVID-19 threat has ended,” the SCSBA site states.

    Jay Bender, a media law attorney with the S.C. Press Association, of which The Voice is a member, said there’s no law requiring local governments to provide a public comment period. Public bodies are only required to allow the public to speak at meetings where there’s a public hearing, such as during budget passage.

    The S.C. Freedom of Information Act (FOIA) also allows public bodies to conduct business electronically. Streaming can be by video or audio; the law only states such meetings be broadcast electronically.

    “It would be better if they could stream it,” Bender said.

    Richland Two’s audio streaming encountered some hiccups Tuesday evening.

    “The school board association has never thought anything should be public. They are run by superintendents whose goal is to keep all unfavorable news about schools out of the press.”

    Jay Bender, Media Attorney

    The Voice attended the meeting remotely and experienced occasional interruptions in audio. Sometimes audio volume fluctuated and other times, audio cut out altogether.

    During a discussion of cancelling the April 7 board meeting, Agostini reported that she couldn’t hear Superintendent Dr. Baron Davis’ explanation of the measure.

    “That was a very bad echo. I didn’t hear a word that was said,” she said.

    Other board members reported not being able to hear portions of the meeting.

    Richland County resident Gus Philpott, a frequent critic of the board, vehemently objects to suspending public input. He also takes exception with virtual meetings as well as board members participating remotely versus in person.

    “There is no need to suspend BEDH. If the Board is successful at prohibiting the public from attending the meeting, there won’t be anyone to speak, will there?” Philpott wrote in an email to board members.

    “Please consider how very serious it is to attempt to silence the public,” Philpott continued. “You might benefit by re-reading the First Amendment of the U.S. Constitution, which refers to abridging the freedom of speech.”

    The South Carolina School Board Association (SCSBA) also recommend that school districts not accept any FOIA requests submitted during the coronavirus crisis and de-prioritize requests filed prior to Gov. Henry McMaster’s state of emergency declaration.

    Bender disputed the legality of those suggestions.

     “The law establishes deadlines and I don’t think the governor or anybody else can suspend the law,” Bender said. “The school board association has never thought anything should be public. They are run by superintendents whose goal is to keep all unfavorable news about schools out of the press.”

  • Fairfield County Council eyes penny sales tax

    WINNSBORO – Laying the groundwork earlier this month for a one penny sales tax to be placed on the November 2020 ballot, council members voted 5-2 to create a commission that would suggest projects to be funded by the penny tax and to appoint members to that commission.

    “This resolution is to create a capital sales tax commission for the purpose of moving forward with a referendum vote by the public as to whether they would support a penny sales tax which is anticipated for the construction of a wastewater treatment facility and infrastructure to support future growth in the county,” County Administrator Jason Taylor told council members.

    The county’s Joint Water and Sewer Authority attorney, C.D. Rhodes, explained that the tools at a county’s disposal to fund capital needs are limited. 

    “Many counties across the state have found the penny sales tax, which is authorized under the Capital Project Sales Tax Act, to be the only way to fund large capital improvements,” Rhodes said. “The numbers for these types of projects are exceptionally large and far exceed the debt limits of nearly every county in the state.  When looking at options, a capital project sales tax is generally the only viable option at a county’s disposal,” he said

    The penny sales and use tax would be for all sales in the county except unprepared foods (groceries) and medicines. 

    Council Member Moses Bell referenced sources that he said stated that the proposed one penny sales tax is a regressive tax and unduly harms the poor, the low income and those persons without insurance. 

    Rhodes said the structure of the tax is outside of the county’s control. 

    “The Department of Revenue and state statute dictate what the tax is imposed upon. The county cannot dictate this,” Rhodes said.

    Of the commission’s six members, the county appointed three: Rick Gibson, Randy Bright and Harriett Brown. The Town of Winnsboro will appoint two members and those two members will select one additional member from one of the other municipalities in the county.

    “These six commissioners will, per state statue, come up with a list of the capital projects to be funded through the tax,” Rhodes said. “The list right now includes funding a portion of the cost of the wastewater treatment plant.  There will need to be a second project to round out the use of the funds in case the amount exceeds what is anticipated, which could be sewer lines throughout the county to connect industry and commercial establishments and other needs in that portion of the county,” Rhodes said.

    Rhodes said if many other projects show up on the list, they could possibly be funded by other means.

    “We are talking about funding a significant portion of the cost of the wastewater treatment plant, a project that cannot be funded through any other means.  In many respects, this is the only option to come up with up to $12M to devote toward the cost of this project,” Rhodes said.  “An important step in the process is clear information conveyed from council that there is an expectation the tax will ultimately fund the wastewater treatment plant.”

    Once the commission comes up with a list of projects, they will formulate a question to be placed on the ballot, and the commission will adopt a resolution to this effect, Rhodes said. The resolution will be brought before council, who will then make the decision by ordinance to either accept the projects presented in total or to reject in total. 

    “If the projects are adopted, they go forward to a referendum, and the voters will vote to decide whether or not they want to impose that one penny sales tax in order to fund those specific projects,” Rhodes said.

    The only change that can be made to the ballot, he explained, is to authorize the issuance of general obligation bonds to finance the listed projects.  He said those bonds would then be paid back from the revenue of the one cent sales tax. 

    “Because the bonds would be referendum approved, they would not count against the county’s debt limit,” Rhodes said. 

    Once the commission is fully appointed, it is expected to have a list of projects back to council by late spring, 2020. The deadline for third reading of the ordinance that approves all of this is Aug. 15.