WINNSBORO – Winnsboro is taking Fairfield County to court.
On March 30, the Town of Winnsboro formally filed suit
against the county, claiming in court papers that the county’s solid waste fee
shouldn’t apply to Winnsboro town residents.
The suit seeks a declaratory judgment that the $63 per ton
fee is “invalid and illegal”, according to court documents.
Winnsboro also seeks a refund of any solid waste fees it has
paid or will pay. The town agreed, under protest, to temporarily pay the fee on
the condition that payments are held in trust pending disposition of the case,
the suit states.
Fairfield County was served with the suit on April 4, and a
deadline of October 26 has been set to complete mediation.
Reached by telephone Tuesday evening, Fairfield Council
Chairman Moses Bell kept interrupting as a reporter for The Voice tried to seek
comment about the Winnsboro suit.
“I can’t believe you called me with all the lies you tell on
me,” Bell said. “That’s all you do, is tell lies. That’s all you do. All you do
is lie. Why do you lie so much?”
Once The Voice mentioned the lawsuit, the call suddenly
disconnected.
Winnsboro Town Manager Jason Taylor could not be reached.
In prior interviews, Taylor has said the county fee amounts
to double billing. The litigation makes the same argument.
Fairfield County has enacted a commercial solid waste fee
for years.
In its 2021-2022 budget, the county expanded the fee’s
applicability to the town and the Fairfield County School District. Neither had
previously been charged the $63 per ton fee.
“The County budget failed to set out the factual and legal
basis upon which the solid waste fee to be charged the Town was established,”
the lawsuit states.
According to the suit, Fairfield County violated state law
by not allowing the town to participate in development of the fee.
The Town cites sections of state law it says require the
inclusion of local governments in developing solid waste plans. Failing to
follow that process also explains why the court should invalidate the fee, the
litigation states.
Winnsboro’s suit further notes the town conveyed real estate
to the county in the furtherance of providing solid waste services. The County
breached that agreement by “unilaterally” imposing the solid waste fee,
according to the suit.
“The County has failed to act in good faith and deal fairly
with the Town by failing to attempt to renegotiate any provision of the
parties’ cooperative agreement,” the lawsuit states.
As of March 28, the Town owed nearly $62,000 in unpaid solid
waste fees, according to Fairfield County Administrator Malik Whitaker.
Whitaker has stated without evidence that Taylor “suggested,
supported and approved this uniform user fee during his tenure as Fairfield
County administrator.”
Taylor has denied ever creating or lobbying for the fee.
It was actually Councilman Mikel Trapp who motioned to
insert the solid waste fee as a line item into the county budget on April 26,
2021, according to council meeting minutes.
Councilwoman Shirley Greene seconded that motion, and Bell
voted in favor of it.
The only comment Taylor made in reference to adding the fee
into the budget was a request for council members to vote individually on each
line item, according to a meeting recording.
In addition, the recording shows Councilman Neal Robinson also feared the fee amounted to double charging. “A concern was brought to me by a few constituents that we’d possibly be charging county citizens who live in the city almost like double,” Robinson said. “If you kind of think about it, it is true. We typically don’t charge the citizens in the county for trash services.”