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  • Fanning, McDaniel win big

    Sen. Mike Fanning and wife Stephanie, with Rep. Annie McDaniel and Gladden Williams. | Contributed

    WINNSBORO – In the Democratic Primary on Tuesday, State Sen. Mike Fanning (Dist. 17) and House Rep. Annie McDaniel (Dist. 41) both took home big wins to represent their party in November for second terms.

    Mosely

    Fanning kept his seat with 7,823 votes (67.93%) to former House Dist. 41 representative MaryGail Douglas’s 3,694 votes (32.07%). District 17 covers Fairfield, Chester and part of York County. Fanning did not immediately return The Voice’s phone request for a comment.

    Fanning will face Republican candidate Erin Mosley of Chester in the November election.

    McDaniel, with 4,811 votes (71.01%) resisted newcomer Charlene Herring of Ridgeway with 1,964 votes (28.99%). She will serve a two-year term.

    Brecheinsen

    “I just want to thank the voters in District 41 for re-electing me,” McDaniel said. “The strong showing shows they appreciate the style of service I’ve provided them, and I want them to know that I’ll continue to be a public servant and for them to stay involved in the political process and hold us governmental officials accountable.

    McDaniel will face Republican candidate Jennifer Brecheisen of Chester in the November election.

  • Land buy paves way for jobs, industry

    WINNSBORO – In its quest to attract and expand industry, Fairfield County is scooping up more property.

    In May, Fairfield County Council gave final approval to purchase 66.67 acres from Weyerhaeuser at $6,000 an acre, or about $400,000, giving the county another location to recruit new industry. 

    The land is located off Peach Road about four miles from I-77. It’s a distinctly different tract than the one designated for a wastewater treatment plant.

    Ty Davenport, the county’s economic development director, said the Weyerhaeuser purchase agreement includes an option for Fairfield County to buy up to 500 acres. 

    “We can purchase the rest in the future as we need it,” he said.

    Virtually no county money was used to buy the land. The bulk of the money ($300,000) came from a state Department of Commerce grant. 

    Additional funding came from Fairfield Electric Cooperative. The property falls within the co-op’s territory. 

    Partnering with Fairfield Electric Co-op has additional benefits in that it opens doors to additional grant and funding opportunities, said County Administrator Jason Taylor.

    “The county for some time has been looking to diversify the industrial property we have,” Taylor said. “Everything we have currently is in Dominion’s territory which is great, but it’s also nice to have another partner.

    “There’s certain advantages that you get to have properties in the co-op territories,” Taylor added. “You get to pull down grant monies that they have available.”

    The property’s specific location wasn’t disclosed until third reading of the purchase agreement on May 26, prompting a question from Councilman Douglas Pauley. Pauley said several constituents had reached out to him, asking why there wasn’t greater transparency any sooner.

    Davenport said secrecy is often needed in land deals to prevent another entity from buying the property out from under the county, costing taxpayers more in the long run.

    “If a speculative land buyer were to come in and put it under contract or buy it out from under us, we would lose the opportunity,” Davenport said. “Somebody could offer Weyerhaeuser more money than us, knowing that it was a good site, and then turn around and sell it back to us for more than they paid for it.”

    Something similar occurred in another economic development project, said Council Chairman Neil Robinson.

    Robinson said that because a council member leaked information about a planned county land purchase associated with a proposed wastewater treatment plant, the property’s price was driven up to $1.8 million.

    Robinson didn’t name the council member. The budget council members approved Monday night included the $1.8 million.

    “The land purchase, if you guys remember, wouldn’t have been $1.8 million if a council member hadn’t gone out and broadcast that information,” Robinson said. “It would’ve been far less than $1.8 million. It is a must that we get it. We are dead in the water without progress if we don’t get it.”

    Elsewhere in the state, premature disclosure about prospective land buys has torpedoed entire economic development projects, Davenport said.

    “In the past, there are other counties where that happened, where a speculative land buyer came in and bought the land from under the county and they lost their project, employment opportunities, and so forth,” he said.

    As to which industries are targeted for the Weyerhaeuser tract, they haven’t been specifically decided at this point.

    Davenport said he anticipates the site is suitable for advanced manufacturing, which lends itself to greater job creation. A targeted industry study is currently underway, which should help identify which industries.

    “We’re going to do it in a first class manner. We’re going to be attracting bigger and higher end companies,” Davenport said.

  • Pugh ousts Dickerson in nail biter

    Kennedy, Jackson in Runoff; Dickerson Looking at Recount
    Pugh

    BLYTHEWOOD – With a razor-thin margin of 52 votes, Derrek Pugh of Blythewood ousted 12-year Richland County Council incumbent Joyce Dickerson in an upset. Dickerson told The Voice Wednesday morning that she is unsure of the numbers and plans to look into a recount of at least some of the precincts. Pugh had 2,708 votes to Dickerson’s 2,656.

    Pugh carried all Blythewood 29016 precincts handily and took big chunks out of Dickerson’s votes in her home areas in St. Andrews, also an area where Pugh did some growing up.

    While constituents in Cedar Creek backed Dickerson in response to her pushing back against Fairfield County’s proposed wastewater treatment plant she lost some steam in Blythewood, specifically in Crickentree’s Kelly Mill precinct where she fought and won a two-year zoning battle with residents.

    Without providing documentation guaranteeing a promised 250-foot buffer between Crickentree residents and an undetermined number of homes proposed on the adjoining former Golf Course of South Carolina, Dickerson led the charge on third and final reading to rezone the golf course from Traditional Recreational Open Space (TROS) zoning to Low Density Residential (RS-LD) zoning. More than a hundred Crickentree and area residents attending the meeting.

    Blythewood is represented by three different Richland County Council representatives. Here are the results of the other two contests.

    In County Council District 7, Incumbent Gwendolyn Kennedy, with 2,758 votes (41.58%), was forced into a runoff with Gretchen Barron who took 2,420 votes (36.48%). Richard Brown finished with 1,455 (21.94%).

    District 9 incumbent Calvin ‘Chip’ Jackson, with 2,503 votes (49.67%) will be in a runoff with Jonieka Farr who had 1,218 votes (24.17%). Angela Addison took 937 votes and Blythewood’s Jerry Rega received 381.

    The runoff elections will be held June 23.

  • R2’s Shadd racks up $57K in tax liens

    COLUMBIA – A Richland Two school board member has racked up more than $57,000 in county and state tax liens since 2012. 

    Documents reviewed by The Voice show that James Shadd has been slapped with nine tax liens totaling $57,173.87, including one as recently as May 8 of this year. The liens were filed in response to unpaid income taxes, documents show. 

    Only three of the nine liens have been satisfied, accounting for $7,107 in debt payments made, leaving him $50,066.81 still in arrears, according to the S.C. Department of Revenue online database and an agency spokeswoman. 

    School board trustees have oversight of the district’s $301.2 million budget, with roughly one-third ($107.1 million) subsidized by local property taxes, the district’s 2019-2020 budget states. 

    Trustees also decide other substantial budgetary matters, such as voting to place a nearly $382 million bond referendum question on the November 2018 ballot. 

    Shadd said he’s working to resolve the tax liens, calling them a “personal matter.”

    “I am actively working to make sure that I take care of those matters,” he said.

    Shadd didn’t think owing $50,000 in unpaid income taxes impedes his ability to vote on multi-million dollar budget matters. 

    “I am one of a seven-member board that votes on the budget, absolutely,” Shadd said. “But like I said, this is a personal matter which we are handling. I don’t see a conflict in making decisions on behalf of our students, our teachers, and our staff with regard to that.”

    Shadd’s first listed lien totaling $5,395.79 and filed Sept. 10, 2012 was satisfied June 17, 2019, according to the Department of Revenue registry and an agency spokeswoman.

    Another lien totaling $1,386.25 and filed November 7, 2014 was satisfied June 24, 2015. A third lien totaling $325.06 and filed August 10, 2015 was settled April 22, 2016, records show.

    Six liens remain active, including one filed last month that totals $11,958.62. It includes $9,933 in unpaid income tax plus penalties, interest and fees, according to the database.

    The other five liens are also linked to unpaid income taxes. Two are associated with his business, Shadd Law Firm, LLC.

    Here’s a breakdown of the six active liens as listed in the Department of Revenue registry:

    • December 29, 2014—$11,659.01
    • March 23, 2017—$2,573.92
    • March 30, 2017—$6,587.40
    • April 12, 2019—$10,055.91
    • April 12, 2019—$7,331.91
    • May 8, 2020—$11,958.62

    Shadd has faced other financial difficulties as well. 

    In July 2012, JPMorgan Chase Bank filed a foreclosure lawsuit against Shadd, saying in the litigation that he stopped making mortgage payments in November 1, 2011, according to Richland County circuit court records.

    The case, however, was dismissed in June 2013, records show. 

    In 2019, the state Ethics Commission fined Shadd $1,400 relating to disclosure forms associated with his run for county solicitor. 

    Other Richland Two board trustees have faced financial difficulties as well. Most notably, trustee Amelia McKie owes $51,750 in fines for failing to file various ethics forms.

    A judgment in that amount was entered into Richland County circuit court in July 2019, though there’s no indication whether or not the judgment has been satisfied. 

    Trustee Monica Elkins-Johnson has three prior tax liens, though the amounts were not immediately available. All three have been satisfied, the most recent one in 2014, the Department of Revenue database shows. 

    The department’s database went online November 1, 2019. It was created after passage of a Senate bill that called for greater tax lien transparency.

    Any member of the public can search the Department of Revenue registry for individuals or businesses facing state tax liens, according to a news release.

    The registry only lists state tax liens and remain on the registry for 10 years, though liens that are expunged are removed from the registry, the release said.

  • Democratic Primary Election Results: Blythewood 29016

    Pugh

    Local democratic primary election results for Blythewood 29016 challenged races:

    Blythewood is represented by three different Richland County Council representatives. Here are the results of those three contests.

    DISTRICT 2 – With a razor-thin margin 0f 52 votes Derrek Pugh of Blythewood ousted 12-year incumbent Joyce Dickerson in a big upset. Dickerson told The Voice Wednesday morning that she plans to look into a recount of at least some of the precincts. Pugh had 2,708 votes to Dickerson’s 2,656.

    DISTRICT 7 – Incumbent Gwendolyn Kennedy, with 2,758 votes (41.58%), was forced into a runoff with Gretchen Barron who took 2,420 votes (36.48%). Richard Brown finished with 1,455 (21.94%).

    DISTRICT 9 – Incumbent Calvin Chip Jackson, with 2,503 votes (49.67%) will be in a runoff with Jonieka Farr who had 1,218 votes (24.17%). Angela Addison took 937 votes and Blythewood’s Jerry Rega received 381 votes.

    For more details on local races, see the June 11 issue of The Voice.

  • Fairfield polls open Tuesday at 7 a.m.

    WINNSBORO – Fairfield County polls will be open from 7 a.m. – 7 p.m. on Tuesday.

    State Senator Mike Fanning, House Rep. Annie McDaniel and Fairfield County Sheriff Will Montgomery all face challengers in the June 9 democratic primary.

    Fairfield Clerk of Court Judy Bonds and Fairfield County Coroner Chris Hill are both running unopposed in the primary.

    Senate

    Winnsboro’s MaryGail Douglas is running against Fanning in Tuesday’s primary for the Senate seat. Douglas previously served six years in the House (District 41.) Fanning, a resident of Great Falls is finishing out his first term in the Senate representing Fairfield and parts of Chester and York Counties.

    House

    Democrat Charlene Herring is challenging Annie McDaniel for the House District 41 in the primary. Herring served 12 year as mayor of Ridgeway and is on the Board of the Fairfield Chamber of Commerce. McDaniel is completing her first two-year term in the House. She previously served 18 years on the Fairfield County School Board.

    Sheriff

    Sheriff Will Montgomery, who has served six years as Fairfield County Sheriff, has one challenger in the primary, Ed Jenkins. No republicans are running in that race.

    Unopposed

    Bonds, clerk of court, and Hill, coroner and Sheriff Will Montgomery are all three running unopposed.

    Elections Delays

    The rescheduled general elections for the Town of Ridgeway and Town of Jenkinsville residents will be held on Tuesday, July 14. The Ridgeway election will seat two town council members, and the Jenkinsville election will seat two town council members and the mayor, according to Fairfield County Voter Registration Director Debby Stidham.

    Stidham said her office will accept absentee applications only until Friday. Absentee ballots for the primary will be accepted through Tuesday.

    For information about candidates, elections or voting, call Fairfield County Voter Registration at 803-635-6255.

  • Richland votes to stop Fairfield’s wastewater plant

    COLUMBIA – In what Fairfield officials say was an unprecedented action, Richland County Council voted unanimously on May 5 to direct staff and technical committee appointees to vote in opposition to Fairfield County’s plans to construct a wastewater treatment plant that they say would bring industry, jobs, housing subdivisions and general prosperity to Fairfield.

    The three-page document, produced by Richland County Assistant Administrator John Thompson at the behest of Councilwoman Joyce Dickerson, outlines the concerns of Richland County residents who live along Cedar Creek where Fairfield’s treated effluent will be discharged. Dickerson, who is battling for her council seat in the June 9 Democratic primary, said many of the Cedar Creek residents live in her district.

    Thompson sent the document along with letters urging denial of the treatment facility to the Environmental Planning Advisory Committee (EPAC), the Bureau of Water for S.C. Department of Health and Environmental Control (SCDHEC), and the Central Midlands Council of Governments (CMCOG) which is the governing authority that allocates capacity for the wastewater treatment facilities in the midlands.

    Should these agencies bow to Richland’s directives, Fairfield County Administrator Jason Taylor said it would be devastating for Fairfield. Fairfield County has had recent success in recruiting new industry. With only 34,000 gallons per day left, a single small employer could consume the remaining capacity.  

    “Without a new wastewater treatment facility, economic and community development would stop,” Taylor said. “We would not be able to recruit new industry, new housing subdivisions or other commercial development. It would bring future growth to a standstill. This wastewater treatment facility is absolutely critical to the future of Fairfield County, without it there would be no new jobs.

    Later in the summer, Fairfield will present its proposal to the EPAC (Environmental Planning Advisory Committee), a recommending body to the COG board which will have the final say on whether to allocate capacity for the proposed facility.

    In the document, Thompson includes an extensive excerpt from DHEC’s web page that DHEC acknowledges is outdated. The document also lists what he says are reservations expressed by Cedar Creek residents – primarily that the wastewater effluent will contaminate the creek water as well as the aquifers that supply their water wells, their only source of drinking water,

    Fairfield County Director of Economic Development Ty Davenport said the document is based on fears, not facts.

    Chuck Williams with SCDHEC, told The Voice that there is no record of any water wells in South Carolina being contaminated with wastewater, that most contamination of private water wells in the state is caused by nearby septic tanks.

    Engineers and SCDHEC refute the assertion that the effluent discharged into the creek will impact aquifers and resident water wells. They say Fairfield’s proposed facility will not impact the aquifers.

    “If the community ‘just doesn’t want it,’ the 208 Plan is the venue to hear those concerns,” Thomas & Hutton senior Engineer Jeff deBessonet said. “A new state-of-the-art facility would open the door for the elimination of the older Ridgeway treatment system and provide a high-quality treatment facility to manage growth in Fairfield County.”

    County Administrator Jason Taylor said the county is going to great expense to be sure they have a system in place that will discharge the highest quality effluent into the creek.

    John Culbreth, with Thomas and Hutton engineering consultants, said at the Jan. 13 Fairfield county council meeting that the treated effluent discharged from Fairfield’s facility would be processed by a state-of-the-art treatment system – a membrane bioreactor (MBR) system – that would not contaminate the creek. He said it is an advanced level of treatment that would discharge water of near drinking water quality. He said that discharge is frequently used to irrigate golf courses and crops and for other similar uses.

    Shawn Goff, who lives on Cedar Creek and opposes the discharge into the creek, agreed that the MBR technology, from his research, is the best of the best.

    “If you have to have one, this is the one you want,” Goff told his fellow Cedar Creek residents at a community meeting held at the community center in Cedar Creek in January. “I can’t tell you that it’s the devil, because it’s the most advanced wastewater treatment facility that’s available. There are no open pools. It’s all contained and it has a small footprint, about seven acres. Anyone can Google and do the research. I was trying my darndest to find some piece of bad press or something that has happened at one of these plants, and I can’t,” Goff said. “They say the creek will be cleaner than it is now.”

    Davenport said that any Fairfield industries producing high levels of contaminants would be required by law to pre-filter those contaminants out of the water before it is sent to the Fairfield wastewater facility.

    While Thompson acknowledged that the proposed plant would use MBR tertiary treatment technology, he listed two links that he said referenced several failures of MBR technology

    Davenport pushed back, noting that the two references dealt primarily with failures that could be caused from neglected maintenance of the system.

    “If you don’t maintain an airplane, it will fall out of the sky,” Davenport said. “There are no references in either of these sources to downstream impacts on the environment, other facilities and jurisdictions as the Richland document suggests.”

    “We are proposing a treatment process that will be as good if not better than any other facility in the midlands,” Taylor said. “To deny us without looking at all the facts is short sited.  Our proposed facility is a win for all of us. Quality treatment is a win for the region it’s in and for the state.”

    Thompson also objected to the Fairfield facility because he said it will affect the permitting of Richland County’s Broad River wastewater treatment plant, resulting in Richland spending more money to treat their effluent.

    Thompson put it this way: Richland’s “concentration of impurities will have to be curtailed to minimize our impact on the environment. Removal of contaminants such as biochemical oxygen demand (BOD), ammonia, phosphates, and pathogens will necessitate the installation, operation, and continued maintenance of complex components if we are to maintain the same biological cumbering at the discharge of the Broad River WWTP.”

    Davenport said that’s actually a good thing. With the Big Cedar Creek discharging into Richland’s Broad River plant’s effluent, it would, he said, cause Richland to have to clean its effluent to a higher degree.

    Richland’s County Council Chair Paul Livingston wrote in his letter to the Bureau of Water that Fairfield has other options such as connecting to the City of Columbia or even expanding and/or upgrading the existing Winnsboro wastewater plant. Neither are viable options, Taylor said.

    “Winnsboro discharges into Jackson Creek which is already at capacity and therefore is not allowed by DHEC to take more effluent,” Taylor said. “And connecting to the City of Columbia is a financial impossibility for Fairfield.

    “The cost to the tax and rate payers would be insurmountable. It would cost twice as much money just to run lines and, in the end, we would not create new capacity or control our own capacity,” Taylor said. “After reviewing a number of different options, we have come to terms with discharging into cedar creek. All other options studied didn’t work for financial, permitting, or engineering reasons.”


    News Commentary: It’s What Fairfield Needs

    by Randy Bright

    A recent article on the front page of the Post and Courier highlighted the success of Fairfield County government’s aggressive efforts to develop Fairfield into a rural industrial powerhouse.

    The article helps to remind us the county is not sitting on its industrial laurels. In fact, the county is working to expand and update its water capacity to attract more industry, peripheral suppliers and other businesses. This will attract more jobs and more tax dollars.

    It will also improve living conditions to mitigate the county’s reliance on Columbia labor instead of Fairfield labor.

    The county’s plans to upgrade Fairfield’s aging and limited capacity sewer system is an imperative to improving Fairfield’s citizens’ future health, prosperity and general welfare. As if to highlight Fairfield’s needs, Duke University’s Kenan Institute for Ethics delivered the following message as part of their Investing in Rural Sewage Infrastructure for Economic Growth study in 2018:

    “Building water and wastewater infrastructure in rural communities across the U. S. creates jobs, stimulates investment from the private sector and increases a county’s tax base. For each dollar spent building water or wastewater infrastructure, about $15 are created in private investment and $14 [added] to the local property tax base.”

    Supplying rural areas with wastewater infrastructure has the potential to increase economic activity in a number of ways, including reducing out-migration of [county] residents and attracting industry to generate jobs, which would attract residents.

    Out-migration, which could partly be driven by a lack of wastewater services, further exacerbates the problem because it decreases the tax base on which a county can draw to provide such services. When this happens, counties either remain in the same position (at best) or their circumstances worsen because they cannot generate enough revenue to expand their wastewater infrastructure. Rural communities are thus trapped in a Catch-22.

    Nothing improves living conditions and retains population like an adequately functioning sewer system.

  • Dr. J.R. Green named Super of Year

    COLUMBIA – Fairfield County School District Superintendent, Dr. J.R. Green, has been named the 2021 South Carolina Superintendent of the Year by the South Carolina Association of School Administrators (SCASA).

    “I have had the pleasure of working with Dr. Green as a school board member and as a parent,” said Fairfield County School Board Chair William Frick. “Dr. Green talked about having a ‘culture change’ in the Fairfield County School District…Our students graduate with two years of college as they graduate from high school, overall test scores are improving, and financially we are operating with a balanced budget.” Mr. Frick continued, “While he did not accomplish any of these things on his own, none of it would have happened without Dr. J.R. Green and a culture change.”

    Dr. Green is an active member of the SCASA Superintendents’ Affiliate, and he currently serves as a member of the South Carolina State Board of Education. His school district is home to 2,600 students; in which nearly 90% of the students qualify for free or reduced-price meals.

    Elizabeth “Beth” A. Phibbs, Executive Director of SCASA, states, “Dr. Green has been and continues to be a stabilizing force in the Fairfield County School District. Under his leadership, the district has expanded and strengthened programs and opportunities for their students. By working closely with the community, he has established partnerships which directly benefit the students of Fairfield County, and we are delighted to honor him as the 2021 South Carolina Superintendent of the Year.”

    Finalists for the award included Dr. William “Bill” James, Lexington School District Two and Dr. Neil Vincent, Florence School District Two. Candidates participated in an application and interview process conducted by a team of South Carolina business, education, and community leaders.

  • SC House District 41 candidates have their say

    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.

  • JWC lawsuit thrown out

    JENKINSVILLE – A six-year legal battle over Jenkinsville water service has reached an end – for now. 

    On April 30, Circuit Court Judge Brian Gibbons sided with the Jenkinsville Water Company, throwing out a lawsuit filed by Broad River Campground that claimed breach of contract, fraud and other violations. 

    “The non-moving party is only required to submit a mere scintilla of evidence in order to withstand a motion for summary judgment,” the order states. “Summary judgment should be granted when plain, palpable and undisputable facts exist on which reasonable minds cannot differ.”

    An attorney for Broad River Campground, which in 2014 filed suit, said he plans to appeal. 

    “The court was erroneous in its decision to grant summary judgment. The standard we had to meet was met,” campground attorney Glenn Bowens said Tuesday. “You have to produce at least a scintilla of evidence and we had way more than that.”

    An attorney for the JWC could not be reached as of press time. 

    Bowens said the litigation is important because he said the JWC needs to be held accountable so that water service is available to all who request it.

    “Jenkinsville [Water Company] seems to think they can pick and choose who they want to provide water service to,” he said. “In the course of all of this, we found numerous people who were trying to get water services for their businesses and they were either denied water service or not granted what they needed exactly.”

    In his order, Judge Gibbons listed six reasons why he dismissed the case. Most boiled down to whether or not a water service contract existed between Broad River and the JWC. 

    Broad River argued that a 2009 letter from the JWC constituted a contract. In the letter, the JWC stated it could provide 175 gallons of water per day to serve 46 campsites, but only if it didn’t negatively impact customers.

    Broad River’s lawsuit says the JWC didn’t provide adequate water service despite having adequate capacity. The JWC denied it ever entered into a contract.

    Gibbons’ order states that testimony and pre-trial briefs established that campground co-owner Dee Melton never agreed to any restrictions on the campground’s right to expand.

    “Defendant JWC is entitled to summary judgment and a dismissal with prejudice as to the breach of contract claim because there was no meeting of the minds as to the essential terms of the October 2009 Letter,” the order states. “Accordingly, the Court finds that the Parties never entered into a valid, legally binding contract regarding water usage.”

    By extension, negating the 2009 letter also negated other breach of contract claims related to the water company’s bylaws, a water user agreement and a 2009 oral promise by the JWC to provide up to 40,000 gallons of water per day for up to 200 campsites, the order continued.

    “Plaintiff’s co-owner, Dee Melton, should have been aware of the alleged existence of these purported contracts, yet he did not identify any of them in response to direct questions from Defendant’s counsel,” the order states.

    Gibbons also dismissed the suit on statute of limitations grounds. He wrote in his order that Broad River amended its original 2014 suit in 2018, which the judge said exceeded the three-year statute of limitations on litigation.

    Gibbons threw additional cold water on the campground’s argument that the breach of contract constituted fraud.

    “Without a valid and enforceable contract and its subsequent breach, Plaintiff’s claim for breach of contract accompanied by a fraudulent act fails as a matter of law,” the order says.

    The lawsuit’s dismissal doesn’t spell an end to litigation for the JWC. 

    Broad River also sued the water company in 2016, accusing the group routinely violating state open meeting and public record laws. That suit is still pending. 

    And Fairfield County Councilwoman Bertha Goins countersued the JWC in April, claiming the slander suit the water company filed against her a month earlier was an attempt to harass and intimidate her after she publicly voiced concerns over Jenkinsville water quality. That case is also still pending.