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Tag: Fairfield County Council

  • Appointment to CMCOG causes stir

    WINNSBORO – The County Council meeting got off to an uneasy start Monday evening when Shirley Green, the second of three speakers during the first public comment session, suggested that an appointment was “about to take place that will raise eyebrows…because of an unethical situation of a council person appointing his landlord to the Central Midlands Council of Governments board (CMCOG).”

    “Others feel that more than one councilman should recuse himself from voting on the appointment,” Green continued. “We heard at the last council meeting that only one council member and the Fairfield County administrator had seen a deed that transferred Mt. Zion to Fairfield County before the vote was taken at the meeting. I have a rubber stamp,” Green said, waving a rubber stamp in the air. “You can use this if you choose not to debate ethical ramifications of your decisions.”

    A few minutes later, as the agenda called for board and commission appointments, Council Chairman Billy Smith announced that he was recusing himself from the CMCOG appointment and that his statement of conflict of interest was filed with the Clerk to Council. Smith said he rents from the person being considered by council for appointment to the CMCOG. Smith then handed the gavel to Vice-Chairwoman Bertha Goins and left the room during the proceedings for that agenda item.

    Without any discussion on the matter, Council then voted 6 – 1 to appoint realtor Wanda Carnes, to the Board of Directors of CMCOG, with Councilman Mikel Trapp casting the lone dissenting vote.

    The CMCOG Board represents 15 governments in the central midlands and is generally made up of elected officials from those governments. Fairfield County has one government official, Smith, and two realtors, David Brown and Wanda Carnes, on the board. Carnes will serve a three-year term on the board.

    But the issue of Carnes’ appointment didn’t end there.

    “Someone has emailed council members saying things without finding the truth of what is being said,” visibly agitated Councilman Jimmy Ray Douglas said as he read from a prepared statement during County Council time defending Carnes.

    “Wanda Carnes is a good friend of mine and she and her husband, Lonnie, are happily married. If this person knows something that Lonnie should be told, Wanda will be happy to give this person his number.” Douglas said.

    In a unanimous vote, Council also appointed Donna Miner and Benjamin Proveaux, a pilot, to the Aeronautics Commission.

  • County goes after opioid costs

    WINNSBORO – After receiving legal advice in executive session Monday evening regarding potential opioid litigation on behalf of Fairfield County, Council returned to public session and voted to join a lawsuit being brought by Savage, Royall & Sheheen L.L.P of Camden.

    “This firm is filing suits on behalf of a number of counties to recover losses occurring from us having to deal with the opioid epidemic,” County Administrator Jason Taylor said. “They are going after drug companies because of the cost of such things as sheriff’s calls, ambulance calls and all other costs resulting from opioid use.”

    Taylor said the suit is not a class action suit, but the law firm is suing on behalf of the individual counties. As to what extent Fairfield County is affected by opioid use, Taylor said the law firm will begin gathering statewide statistics and looking at national statistics and extrapolating those downward.

    “Then they will look specifically at Fairfield County,” Taylor said.

    According to the National Institute on Drug Abuse, opioids are a class of drugs that include the illegal drug heroin, synthetic opioids such as fentanyl and pain relievers available legally by prescription, such as oxycodone (OxyContin®), hydrocodone (Vicodin®), codeine, morphine, and many others. These drugs are chemically related and interact with opioid receptors on nerve cells in the body and brain and can produce euphoria in addition to pain relief, according to the Institute.

    The Voice left a voice message on Wednesday with the Sheriff’s department asking about the overall extent of the use or misuse of opioids in Fairfield County, but the department had not responded at press time.

  • SCE&G asks for venue change

    WINNSBORO – South Carolina Electric and Gas Company has filed a motion for a change of venue for the lawsuit Fairfield County filed on Nov. 29, 2017 against the utility for a temporary injunction.  The matter is to be heard on Thursday before Judge Paul Burch.

    “SCE&G is asking to have the trial moved to Lexington County since they’re based in Cayce,” Fairfield County Administrator Jason Taylor told The Voice on Wednesday. “That would be more convenient for them, but we, of course, don’t want to do that. Fairfield is where the incident occurred, this is where we work and live and there would be many inconveniences for our council members if it were moved,” Taylor said.

    Council members signed affidavits on Monday stating their particular inconveniences, health problems and other reasons why it would be difficult for them to travel to Lexington County for a trial.

    “We’ve submitted the affidavits to our attorney, and he will submit them to the judge on Thursday,” Taylor said. “Hopefully, the judge will rule on Thursday, but at this point, we don’t know.”

  • County OKs deed for Mt Zion

    WINNSBORO – County Council voted 5-2 Monday night to accept transfer of the deed for the Mt. Zion property from 1st and Main Development Group, should the renovation of Mt. Zion prove, in the end, not to be feasible. Mikel Trapp and Neal Robinson voted against the County accepting the deed.

    During County Council time, however, Robinson said, “I’m definitely for the renovation of Mt. Zion because I see the potential. We definitely have to move forward with it. This [current administration] building is falling apart. I helped put out two fires here when I was with the Sheriff’s Department,” he joked.

    Robinson said he received many emails concerning the vote.

    “And I got more emails for the renovation than I got against it,” Robinson said.

    Trapp said he needed more information on the project.

    The vote paved the way for the County to explore the possibility of restoring the dilapidated school building to accommodate a county complex that would include 10,000 square feet of office space over what the county now has. The cost of that exploration would be borne by the developer who has 180 days to come up with a plan and a price for the project with an allowance for extra time if needed. If the County agrees to the proposed plan and price of the renovation, the developer will proceed with the project, bearing the entire cost to completion.

    At that point, under a lease/purchase agreement, the County will lease the facility from the developer until the renovated property is paid for, after which time the County will own the property and building.

    “Should the County not decide to go forward with the project,” County Council Chairman Billy Smith clarified following the meeting, “the deed would transfer to the County and it would be the County’s responsibility to demolish the building, if desired.”

    Smith also said there had been discussions with Town of Winnsboro officials who had expressed a willingness to share in the cost of the demolition of Mt. Zion, estimated at around $200,000, if necessary.

    While two residents, Shirley Green and Renee Green, spoke during public comment time, asking Council to not accept the deed and to not go forward with the renovation, resident Pat Curlee spoke in favor of the renovation.

    “Construction of an administration building is not an economic driver for downtown Winnsboro,” Shirley Green said. “The administration building is already in the town…Everything is hypothetical…if the plan is acceptable, if the plan is cost effective. It’s a construction scheme,” she said, also alluding that the County would be purchasing the property without knowing the price.

    “That couldn’t be further from the fact,” Smith said during County Council time. “The plan is to have a proposal from 1st and Main Development Group and at that time we will learn the price of what we’d be getting ourselves into and we would vote, at that time, up or down, whether to proceed with the project. And, in my mind, community development is economic development, and this is absolutely good, positive, community development for the town as well as the county,” Smith said.

    Renee Green addressed integrity and suggested the County should not spend money on construction or destruction of Mt. Zion, but should expand the current administration building. She also suggested the County might not be able to move the confederate monument that occupies space adjacent to the Mt. Zion property.

    “That monument is not even on our land. It is on state land,” she said.

    Smith countered Green’s claim, stating that the state does not own the land the monument sits on.

    Both Trapp and Councilman Dan Ruff sought documented assurances that the monument will be moved if the County goes forward with the plan.

    “We are committed to moving the monument, and the Town has said that they would be willing to allow us to do so,” County Administrator Jason Taylor said.

    “If there is a way to compromise and everyone can be happy, we can set an example that we are trying to work together to make something good happen,” Ruff said.

    Smith agreed. “Everyone on this council has said they would do everything they could, as a part of this project, to have the monument moved,” Smith said.

    A & F Committee Report

    Following the regular Council meeting, the Administration & Finance Committee voted to move forward to accept the deed of ownership for Garden Street Park from the Town of Winnsboro.

    It also voted to defer a vote on whether to accept ownership of the swimming pool in Fortune Springs Park from the Town until the next meeting to gather more information about the cost and timing of renovating the pool.

    The committee also agreed to recommend that Council adjust the pay scale of EMS employees, revise the County’s procurement manual and establish procedures to expend funds appropriated by Fairfield County in its annual fiscal budget for collaborative capital public works projects.

  • County gingerly pursues Mt. Zion

    WINNSBORO – Before going into executive session Monday evening to discuss a contractual matter concerning a Memorandum of Understanding and proposed deed agreement between the County and the Town of Winnsboro aimed at renovating Mt. Zion for use as County office space, County Administrator Jason Taylor laid out the sticking point. To go forward with the project, Council would have to allow Taylor to sign a deed requiring the County to accept Mt. Zion from the developer should the renovation project prove, in the end, not to be feasible.

    During the first public comment period, residents Shirley Green and Yvette Howard urged Council not to accept the deed to Mt. Zion. Their myriad reasons included: that the project would be wrought with challenges, that a Confederate monument faces the main entrance to the complex on College Street; that protests to the monument would be a major hindrance to economic development and that moving the County’s administration building would blight the Mill Village.

    Taylor readily addressed the monument, saying the Town had agreed the confederate monument could be moved. When pressed for assurance of that, Taylor said he would have a document drawn up to request the Town to sign, giving up the monument at the same time he signed the deed.

    Councilman Billy Smith said that while the Heritage Act, a S.C. statute, prohibits public bodies from moving monuments of any kind, there is no prescribed penalty for them doing so. Smith also said the property where the monument stands, which is separate from the Mt. Zion grounds, could also be transferred to 1st and Main, a private company seemingly not governed by the statute. And if, in the end, Smith said, the project does not move forward and the building must be demolished, the County will still own the land.

    Taylor addressed the more pressing issue for the County.

    “It has long been known that at some point in the near future, the County must address the need to improve and provide additional space for both the Courthouse, Sheriff and administrative functions,” Taylor said.

    He said rehabbing the existing administration building would cost an estimated $2.5 million just to replace the roof and all the mechanical systems. He cited problems with the building including near-waterfalls down the back stairs during hard rains. That $2.5 million would not include more space or replacing an antiquated, possibly unrepairable HVAC system that, Taylor said, could go anytime. Taylor said it would cost $17 million to build a new courthouse on Congress Street, then relocate much of the courthouse staff to it before beginning renovation of the existing courthouse.

    “With the abandonment of the two nuclear reactors,” Taylor said, “we cannot afford that. Renovating either the administration building or Courthouse, we are looking at considerable disruption to operations and significant cost associated with temporality relocating staff and services while the work is being done.”

    Taylor said repurposing Mt. Zion’s school building poses a solution. He said it would increase the County’s office space by 10,000 square feet, cost less than renovating current offices and help revitalize downtown Winnsboro. He said a previous study commissioned by the County identified Mt. Zion as a catalyst for redevelopment, saying it would help improve the community and spur new growth.

    “To explore this possibility, we began working with 1st and Main Development, a company that specializes in historic renovation and reuse,” Taylor said. “They have a successful track record of using historic tax credits to affordably redevelop old buildings. With their expertise and taking advantage of the tax credits, they can [renovate] the building far cheaper than we could.”

    “The County’s lease agreement (rent-to-own) with 1st and Main would allow us to get the space we need in a timely manner and at a price that would not burden our budget or preclude our ability to pursue other important economic development and community projects,” Taylor said.

    After a lengthy executive session Monday night, however, Council seemed no closer to reaching an agreement on signing the deed.

    “There was no vote on the deed tonight because, collectively, we need a couple questions and concerns more fully addressed before making a decision,” Smith told The Voice following the meeting.

    “These concerns are mainly centered on the nearby confederate soldier monument and what the State’s short-sighted Heritage Act does and does not allow pertaining to monuments on public grounds,” Smith said. “As long as all involved parties remain interested after the County is able to gain more information on these matters, the Council does plan to hold an up or down vote on the proposed deed agreement.”

  • Mt. Zion rehab hits potential snag

    WINNSBORO – On Nov. 21, Winnsboro Town Council voted to accept a Memorandum of Understanding (MOU) between Fairfield County and 1st & Main Development of Durham, N.C., regarding the revitalization of the Mt. Zion property.

    The MOU was proposed by Councilman Billy Smith last summer, but before it could be voted on, Council was distracted for several months by the VC Summer abandonment.  The MOU, which did not require Council approval, was later signed by County Administrator Jason Taylor on Nov. 11.

    According to the MOU, the Town of Winnsboro would deed the 3.27-acre Mt. Zion property and buildings to 1st & Main Development for the purpose of rehabilitation. The plan, according to the MOU, is for 1st & Main to be given 180 days to come up with a plan to develop the property. There is also a provision for additional days, should the project be on track but needed a reasonable extension of time. After the property is developed, the County would begin leasing it back from 1st & Main for use as a government complex. Through the lease agreement, the County would eventually own the rehabilitated property.

    The MOU states that “[Town] Council believes it is in the best interest of the citizens of Winnsboro that surplus public property with historic significance to the Community, be revitalized and put to private uses that blend with the residential neighborhoods while creating jobs and bringing quality commercial enterprise to the Town.”

    While Winnsboro Town Council has voted to accept the MOU between the County and 1st & Main Development, there is a significant bump in the road before the property deed would be binding. The deed, as it has been written by the Town of Winnsboro, stipulates that if, for some reason, 1st & Main Development does not move forward with the rehabilitation of the Mt. Zion property, ownership of the property would be assumed by the County.

    “That deed would have to be approved by a vote of County Council before it could be signed by the County Administrator,” Council Chairman Billy Smith said. “I don’t know what the outcome of that vote will be, but I’m not in favor of the property becoming the County’s should the project not materialize.”

    Smith was said he was not sure when the matter would come to Council for a vote.

  • County takes SCE&G to court

    WINNSBORO – Fairfield County faced off with attorneys for South Carolina Gas and Electric (SCE&G) last week in Common Pleas Court in Winnsboro before Sixth Judicial Circuit Judge Brian Gibbons.

    Lawyers for the County called for the immediate issuance of a temporary injunction against SCE&G based on what the County says is the power company’s failure to comply with the terms of the County’s fee-in-lieu contract with SCE&G. The county also asked for an immediate, temporary restraining order to prevent SCE&G from abandoning the project at V.C. Summer nuclear plant and not protecting the assets at the plant.

    Fairfield County’s Director of Economic Development, Ty Davenport, explains the economic impact of the VC Summer abandonment on the County.

    At the heart of the County’s concern is getting access to the plant so it can assess all aspects of the property.

    Terry Richardson, Jr. of Richardson, Patrick, Westbrook & Brickman law firm, one of two law firms representing the County in the lawsuit, said the County is only asking to hold the status quo until it can assess the property. He said the County has been trying to get access but that SCE&G hasn’t responded.

    Judge Gibbons determined that it is the County’s right, according the Fee-in-Lieu agreement to have full access for the purpose of assessing the property.

    Richardson said the County is eager to go in the following Monday (Dec. 18) to begin the assessment. Gibbons said he planned to have a ruling on Thursday, Dec. 21, and asked Richardson to have the evaluations and assessments back to him by Wednesday, Dec. 20.

    “We were ready to take our county assessor, Randy Roberts, and a team of assessors from the State Department of Revenue in with us on Tuesday,” County Administrator Jason Taylor said on Wednesday. “But even though SCE&G promised to give us access, they have not given that access yet. We don’t know when we will be allowed in. A lot of things are happening in Columbia right now. We need to talk to the attorneys to see what the outcome of this thing is going to be. We were supposed to have the information back in to Judge Gibbons today (Wednesday, Dec. 20) and be back in to court for his ruling tomorrow, so I don’t know when that’s going to happen,” Taylor said.

    Richardson said there is immediate concern, as well, that SCE&G is turning in its nuclear license for the two reactors, a $9 billion issue for this county.

    “That would have tremendous ramifications for the County,” Richardson told the Court. “We want to get our County people out there evaluating that property and take a look at it, inspect and evaluate it. We need all that to be done before the license is turned back, before there is complete and total abandonment of the site. There may be pollution issues, permits may be needed,” Richardson said. “We want to hold the status quo.”

    According to sources who asked not to be quoted, there is speculation that SCE&G could soon be turning its license over to Santee Cooper.

    “The license is a huge asset and we want to slow the process down before they turn it in,” Taylor said. “We hope to work with the governor and the state for a good outcome.”

    The County’s lawsuit alleges breach of contract, fraud negligent misrepresentation, breach of fiduciary duty and unfair trade practices. The County claims that SCE&G’s expressed intention to abandon the project and dispose of the properties, plus abandon regulatory permits and licenses by year’s end in order to gain a tax advantage, deprives the County of determining what potential tax and license fees could be due from the property within its jurisdiction and may leave dangerous or potentially dangerous conditions to the County’s citizens.

    Judge Gibbons told attorneys for both parties that his ruling, when it is given, will be only temporary.

    The McDonald McKenzie, Rubin Miller and Lybrand law firm is also representing the County.

  • County passes on 14 acres; reconsiders 2-acre Presbyterian Church property

    WINNSBORO – During the public comment period of County Council’s meeting Monday evening, a Winnsboro resident questioned Council’s wisdom in purchasing 14 acres for a fire station when the County Assessor told her the average acreage for a fire station in Fairfield County is two acres.

    “What will the other two acres be used for?” Yvette Howard asked.

    Before that question was answered, Councilman Dan Ruff had some questions of his own about the purchase.

    “What happened to the two acres that was supposed to be donated to the County by the Presbyterian Church several months ago (LW Presbyterian gives land for county facility, July 6, 2017 issue of The Voice),” Ruff asked.

    “They (the church) have not donated the land as of this date, but we will probably revisit that,” County Administrator Jason Taylor said.

    “I have a meeting on Jan. 6 with a lady who is going to donate it to the County,” Jimmy Ray Douglas chimed in. “We’ll accept the property for a fire station there.”

    “I don’t understand why we jumped ahead from the donated two acres to pursuing the 14 acres,” Ruff said. “I don’t understand why we went that route when we had enough land to build it if we had just waited,” Ruff said.

    Douglas said the church voted to donate the land but the Presbytery took more than two months to get back to the church.

    “I was looking for a place to put the fire station if this particular property wouldn’t be gifted to us. I found the 14 acres, but Crescent had put in the deeds that nothing could be built except residential uses,” Douglas said.

    “So that just about killed the 14 acres. Crescent offered to give the 14 acres for the roll back taxes they owed on the property. It would have been a wash – free, more or less. On Jan. 6 I’ll have a discussion with the woman who wants to give us the two acres. I’ll have a discussion with her and talk with Mr. Taylor,” Douglas said.

    “I just think we need to be patient on this a little bit,” Ruff said.

  • County owes $9,600 for unregulated airport tanks

    WINNSBORO – Fairfield County administration discovered, during the recent reorganization of the County’s airport management, that the airport’s gas tanks had never been properly regulated by the Department of Health and Environmental Control (DHEC).

    In September, the Administration and Finance Committee approved the restructuring of the airport’s management from an independent fixed based operator (FBO) to a director who answers to the County Administrator.

    County Administrator Jason Taylor told Council Monday night that the County is now faced with the $9,600 bill for all past permitting fees that were not paid under the management of the former FBO.

    “Is there any way we can charge that to the previous fixed based operator?” Council Chairman Billy Smith asked.

    “I don’t know that’s the case that we can do that,” Taylor said.

    “I think we need to find out,” Smith said.

    According to Taylor, due to lack of proper inspection, the current tanks are going to be removed and have to be replaced.

    “We’ll find a temporary solution and, hopefully, we’ll have that resolved by Wednesday so there will be almost no interruption for gas services at the airport,” Taylor said.

    The FBO was previously responsible for airport management, collecting gas fees and fees for hangar rentals. An operational assessment conducted in June found the airport to be below average in safety levels and professionalism.

  • County pursuing 336-acres on I-77

    WINNSBORO – County Council approved second reading Monday night of Ordinance 683 to purchase 336 acres east of I-77 between exits 41 and 46 for $1.8 million, a price that is subject to change based on future grants.

    “I applaud this group for several things with this ordinance,” Randy Bright said during open citizen comment. “Number one, the investment in jobs and the economy. It’s what we need. We’re in the top 10 or so in the worst unemployment rates in the state. We’ve got a long way to go, so I applaud this Investment.”

    The ordinance has been amended since the first reading from 508 acres to 336 acres. That dropped the original price of $2.7 million down to $2.153 million.

    “The reason the price and acreage is being amended is because there is one parcel that we are not going to be purchasing,” County Economic Development Director Ty Davenport told Council. “It’s more economical not to buy it.”

    A $300,000 grant from the Department of Commerce lowered the price tag further, and the County is awaiting word on another grant that could reduce the cost to around $775,000.

    “The amount is up to the grantor, so we don’t know what it will end up being. It could be significant, or it might be nothing,” Davenport said.

    Included in the sale are three parcels. There is a Parcel M at the entrance of the property that is owned by a third party and is not included in the sale. Because the 336-acre property does not offer a good entrance area, Council wanted assurances that the owner of Parcel M would allow the County enough right of way on Parcel M to allow for an access road into the 336 acres.

    Council Chairman Billy Smith said he understood that the landowner has given assurances to allow the access road.

    “But I want to know if we not only have assurance that we’ll be able to have a right of way for a road in there for access but that we’ll also be able to do any staging work necessary there,” Smith said. “Lighting, landscaping, things of that nature.”

    Smith also requested a fixed-priced agreement on the property to prevent Parcel M’s owner from inflating the cost if the County were to find someone to purchase it.

    “He would give right of way to part of that property and he would keep the rest and, later, if someone wanted to put industry there he would sell it to them,” Councilman Jimmy Ray Douglas said.

    County Administrator Jason Taylor and Davenport had meetings with the Parcel M landowner in an effort to forge an agreement in writing before third reading.

    “I’m not down on the deal. I think it’s a good deal,” Smith said. “We’ve got the number down to potentially around $775,000. I think it’ll be fantastic if we can work that out. I just think there are some other details we need to take care of in the process.”

    According to Smith, the County can delay the third reading until another date, to give County Officials more time to get a fully lawyered agreement in place.

    “But I will not vote for it on third reading if that’s not done. I’m telling you today,” Smith said.