Calhoun Falls has not yet selected representatives to begin water negotiations with the city of Abbeville, leaving the two municipalities at a standstill as a lawsuit over the town’s water system remains unresolved.
Abbeville City Manager Blake Stone said Monday that Calhoun Falls was expected to select representatives during its Aug. 24 Town Council meeting but took no action on the matter.
“We are essentially still waiting on Calhoun Falls at this point before we can begin negotiations,” Stone said.
Calhoun Falls council members agreed July 27 to pursue negotiations with Abbeville as an alternative to continuing litigation over the town’s water system. Stone said Abbeville had expected Calhoun Falls to begin negotiations after both municipalities agreed to pursue discussions.
“We thought that they would take it seriously, vote, and then initiate negotiations,” Stone said.
Even with the delay, Stone said Abbeville remains willing to negotiate but believes Calhoun Falls needs to move quickly.
“This is an extremely high priority topic that they need to address as soon as possible,” Stone said.
Abbeville did not place a formal deadline on the negotiations, Stone said, but the city could return to court if Calhoun Falls does not act in the near future.
“There was nothing that was passed in good faith by any type of timeline attached to it,” Stone said. “Certainly, if we get there within reason, we will revert back to the court route if there is no action taken by Calhoun Falls in the near future.”
The dispute between the two municipalities is not limited to the amount Calhoun Falls owes Abbeville. Stone said the city’s lawsuit centers on what Abbeville alleges are violations of the water-service agreement between the municipalities, which governs payment, water delivery and other obligations.
“The debt certainly needs to be resolved, but it’s a symptom,” Stone said. “The core issue is they’re violating that contract.”
Calhoun Falls’ Aug. 24 meeting became contentious before council reached the executive-session item involving negotiations with Abbeville.
Council member Micheal Brandt made a motion to remove Mayor Viggo Lassen from presiding over the meeting and have Mayor Pro Tem Amy Battaglia take over. Brandt said Lassen could not follow the agenda and did not know how to run the meeting. The motion passed, and Battaglia presided over the remainder of the meeting.
The dispute began earlier in the meeting during consideration of minutes from the July 27 meeting.
Lassen objected to language in the minutes concerning Calhoun Falls’ water rights and Abbeville. Town Clerk/Treasurer Marsha Lomax said the minutes reflected what had been stated during the previous meeting and should not be changed simply because Lassen disputed the statement.
Council later entered executive session with an agenda item to designate representatives to negotiate with Abbeville. When council returned to open session, Battaglia said no action had been taken on that item.
Stone said Calhoun Falls can still change who it wants to send to the negotiating table as long as council acts properly as a body and approves the change by majority vote.
“They always have an option,” Stone said. “We would still, even with everything that’s happened, still try to work with them to keep the door open.”
Stone said Abbeville intends to meet with its attorneys before Calhoun Falls’ next regular council meeting and may ask the town to take action before then. Stone added that disagreements over meeting procedure can have consequences beyond the meetings themselves when major decisions are delayed.
“Important items that need decisions to be made that are vital to your community get put on the back burner,” Stone said.
Council did take action on another item discussed in executive session, giving first reading to an ordinance that would assign limited code-enforcement duties to Town Clerk/Treasurer Lomax.
Town attorney JuanKell Shingles said the ordinance is intended to allow the existing clerk’s office to perform certain code-enforcement functions while placing limits on those duties and addressing potential dual-office concerns.
The Aug. 24 meeting also came as Calhoun Falls officials were preparing for training from the Municipal Association of South Carolina on conducting effective meetings. Rob Wolfe, field services manager for the Municipal Association, said he had been scheduled to conduct the training last Thursday, but the session was rescheduled.
Council member Brandt said the original session had to be canceled because a quorum of council members was expected and notice of the meeting had not been posted 24 hours in advance, which would have violated South Carolina’s Freedom of Information Act.
Wolfe said the session will focus on practical ways to conduct effective meetings, including best practices and basic parliamentary procedure.
“Meetings are there to get business done, to move a town forward,” Wolfe said.
Wolfe said the training is routine and something he conducts for municipalities, planning commissions and boards across South Carolina. The Municipal Association’s effective-meetings handbook says municipal councils are required to adopt rules of order and procedure and outlines practices for agendas, motions, public participation, executive sessions and presiding over meetings.
Among its recommendations for a presiding officer are following the agenda, maintaining order, allowing one person to speak at a time and ruling unrelated remarks out of order. The handbook also states that meetings involving a quorum, including rescheduled meetings, are subject to public notice requirements.
The training is now scheduled for 6 p.m. Thursday at Town Hall.