Williamsburg considers breaking off relationship with landfill corporation

By David Green
The Weekly Observer Editor
Published: November 19, 2008

KINGSTREE – In a surprise move during the Williamsburg County Council meeting on Nov. 18, Council member Druckers asked County Attorney W. E. Jenkinson, III, “What is your opinion on the legality of the MRR contract?”
County Supervisor Stanley Pasley warned that the council should not discuss the issue without public notice.
Despite this, a motion was introduced to go into executive session to discuss the legal aspects of the county’s relationship with MRR, Williamsburg – the company which has been at the center of a controversial development of a proposed landfill in Nesmith, which would accept waste from other counties and from out-of-state.
The motion passed, and the council immediately went into executive session.
Upon return there was a motion to amend the agenda to discuss the landfill, which passed, Then there was a motion by W. B. Wilson to end the relationship with MRR now and in the future to only consider proposals that do not include waste from other counties or from out-of-state. With no discussion the motion was voted, with four votes: W. B. Wilson, Franklin Fulmore, Andy McKnight and Harry Huggins voting in favor, and three votes: Samuel Drucker, Eddie Woods and Harry Darby voting against.
Pasley said that the motion required a 2/3 majority of the council to rescind a vote previously taken, so he ruled the motion failed.
It was noted that this action then, does not settle the issue, but that the county will keep discussing and exploring options.
The council chambers was packed with citizens, many citizens sitting on the floor, and there were others standing in the halls and doorways of the room. Some opponents of the proposed landfill expressed the opinion that the council was fearful of a lawsuit from MRR Corporation.
Opponents provided the Observer with a relevant letter of May 21, 2008 from John Hodges of Haynesworth Sinkler Boyd, a law firm of Columbia representing MRR Corporation. In the strongly worded letter, Hodge warned Marlboro County that actions by the county council to rescind the landfill proposal there, would result in “years of expensive and time consuming litigation.” He said, if the county took such action, “…MRR would have no other choice but to seek judicial remedies for the County’s errors and omissions, and its attempt to frustrate MRR’s ability to obtain a permit and construct a solid waste facility within the County.”
Hodge, who represented MRR in this action, has been also acting as a consultant to Williamsburg County in recent months, a role which landfill opponents say is a conflict of interest.
The Observer has written a Freedom of Information request to Williamsburg County asking, among other things, how much Hodge/Haynesworth Sinkler Boyd, PA has been paid by the county for this consulting, but no response has yet been made.
In other actions, the council approved a purchase contract for land adjacent to the present Salters landfill to obtain needed fill dirt for continued operations and eventual closure of the landfill. The parcel in question is owned jointly by numerous family members and County Attorney Jenkinson is working on clearing the title for the purchase.
The council also took preliminary steps to expand the Williamsburg Commerce Center by about 65 acres. Williamsburg Development Corporation would seek an option on the parcel (which is already part of a larger parcel that has been optioned), and do the preliminary work to survey, check wetlands status, etc.
The council approved an extension of a fee-in-lieu of taxes agreement with Palmetto Synthetics for 5 years. They have fulfilled their agreement to invest $2.5 million in the operation.
Project Shrimp - $282,000 loan from development funds will be closed the next day. Of that, $82,000 would be dispersed immediately, the remainder in escrow pending compliance with the terms of the agreement.
The county has applied for a $308,000 grant to purchase two emergency vehicles that would be equipped to pass on bad roads in inclement weather. Each would also have a winch, in case it became bogged.
The council held an executive session with Don Wilson, then afterward approved a new contract with Wilson Medical Transport, and gave Wilson Transport (a separate business) until the first council meeting in January to operate and close down operations.
Jenkinson reported that a lawsuit by a prisoner at the Williamsburg Detention Center had been settled.
The council listened to ads by four students from C. E. Murray High School for new businesses engaged by the students. They are part of an Entrepreneurship program developed by teacher Edna Mathis.