Andy Kinghorn

Legislators ditch Beaufort, County’s picks for BJWSA board

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By Scott Graber

The Island News

For most of its 60 year history, the Beaufort Jasper Water and Sewer Authority (BJWSA) has enjoyed a large degree of anonymity. Its 18-mile-long canal to the Savannah River is hidden from view; its massive pipes are buried; its wastewater infrastructure is often located behind coastal pine forests.

But that anonymity is fading as its role in the future of Beaufort and Jasper counties becomes more defined and more controversial.

Recently the City of Beaufort reappointed Andy Kinghorn to BJWSA’s Board. Kinghorn had been on the board for six years and had become a key actor in the re-writing of its rules as they relate to developers seeking water and wastewater services from the Authority.

When, however, Beaufort’s unanimously-endorsed reappointment went to the Beaufort County Legislative Delegation in September, Kinghorn was rejected and an architect, Grady Wood, was substituted.

At the same September meeting, Beaufort County’s unanimously endorsed Rob McFee was likewise rejected by the Legislative Delegation.

These rejections appear, at first glance, to be squarely within the prerogatives of the Legislative Delegation — a group of legislators deciding that Kinghorn and McFee needed to be replaced.

But the rejection of Kinghorn “shocked” Beaufort Mayor Phil Cromer, who told The Island News that this decision “appears to be political and personal.”

Rob McFee

‘Political and personal’

In 1964, when the BJWSA was created, the Authority’s charter provided that the governing board would be made up of people chosen by the Beaufort County Council, Jasper County Council, City of Beaufort and the towns of Port Royal and Ridgeland.

Furthermore, these selections would be signed-off on by Beaufort County’s representatives in the General Assembly.

At that point, these governmental entities were “customers,” and it was believed they should have representation on the newly formed board. Eventually the Authority acquired new “customers” —Bluffton, Hardeeville, Hilton Head Island — who also got seats around its boardroom table.

In years past, these “customer appointments” were routinely rubber-stamped by the Legislative Delegation and then a prospective board member got his or her suitable-for-framing certificate signed by the Governor.

Six years ago the City of Beaufort appointed Andy Kinghorn to represent the City’s interests on the Board. Kinghorn’s appointment seemed ideal because he was trained as an engineer and had been formerly employed by the Water and Sewer Authority. But when Kinghorn arrived there was a problem.

For some years BJWSA had been dealing with developers who came to the Authority seeking water and wastewater “capacity” in the existing plants. Attaching to the Authority’s pipes involved meeting certain standards and the process was thought to be cumbersome and inconsistent. For some time prior to Kinghorn’s arrival there had been an in-house effort to correct this problem resulting in a re-written manual in February of 2023.

But that rewrite met with push back from the development community and, in July 2023, Andy Kinghorn, Dave Strange and Jeff Ackerman were designated by the Board to seek further input from developers regarding the troubled application process. This group asked for and got immediate feedback from the development community in the form of 195 “comments.”

‘Betterment’ of the system

During 2023, Kinghorn, Strange and Ackerman met every month; going through the manual, line by line, and making changes. One issue, for example, dealt with was the notion that developers (when they attached themselves to the system) make the entire system better, and therefore are entitled to some credit for their “betterment” of the system.

At the end of the process the committee found that 185 of the 195 suggestions had merit, including the “betterment” argument, and the Development Policy and Planning Manuel was changed for reflect those comments.

After this extended process the Authority Board hired an engineering consultant, Black and Beach, to look at “capacity fees” that were then being charged developers for “capacity” in both the water and wastewater systems. This inquiry into fees also included dozens of developers and their concerns about the “cost of service.”

At the end of this investigation, Black and Beach advised the Board that they would be justified in charging $16,700 per unit of water and wastewater capacity. The Board — with advice and input from the developers — decided to raise fees from about $7,000 per unit, to $15,000 per unit over a period of three years starting in February 2025. It was also decided that $7,000 would be due up front, and the remainder when the meter went in.

It is not certain if Kinghorn’s and McFee’s rejection is connected to the increase in capacity fees — but it is hard to imagine any other reason for their forced retirement.

The Island News reached out to State Sen. Tom Davis (R-Beaufort), who said the Delegation’s new appointments would be placed on hold; he would seek an explanation for Kennedy’s and McFee’s removal and a public hearing on this matter might be appropriate.

On Monday, Oct. 14, Beaufort County Council, after an executive session to discuss “appointments,” came out and made a motion to ask the Legislative Delegation to reconsider their recent actions and to  explain their rationale for those actions.

That motion passed, 7-2, with Councilmen Logan Cunningham and Gerald Lawson voting against it.

Scott Graber is a lawyer, novelist, veteran columnist and longtime resident of Port Royal. He can be reached at cscottgraber@gmail.com.

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