Category: Government

Attorney Questions ‘Due Process’

BLYTHEWOOD – The six- month verbal tussle between Town Council and Cobblestone Park developer D.R. Horton over the proposed rezoning of the neighborhood progressed to higher decibels at Monday evening’s Council meeting, D.R. Horton’s attorney, Kyle Dillard, told the Council, “I do have serious questions about due process and issues implicated by Council in proceeding to a vote (tonight).”

Dillard was referring to comments made by D.R. Horton engineer Tom Margle, who said earlier that the developer had been denied a request to be on the agenda for Council’s Jan. 15, 2015, work session where he felt communication could have been better and earlier facilitated prior to the Public Hearing, which was held Monday evening.

Councilman Bob Massa responded that “the agenda must be issued 24 hours prior to the meeting and the Town did not get D.R. Horton’s message that it wanted to be included until after the 24-hour period had begun. So because we don’t want to run afoul of the state law (making changes to the agenda), Council and the Mayor decided not to add you to the agenda.”

But later in the meeting, Councilman Bob Mangone said that, “Council was polled as to whether or not we would add D.R. Horton to the agenda because we have the right to add items to the agenda now. (The S.C. Supreme Court struck down the agenda requirement last June). But we felt that because of the sensitivity to the issue, that if we were to add that to the agenda of a work session that was held during the daytime, that would not be sufficient opportunity to give input. That is my understanding as to why you were not added to the agenda,” Mangone said.

Dillard said he also had concerns about why more Council members who live in Cobblestone were not required by the State Ethics Commission to recuse themselves from voting on the issue. Mayor J. Michael Ross and councilmen Tom Utroska and Mangone, three of the five-member Council, live in Cobblestone Park. Only the Mayor was advised by the Ethics Commission to recuse himself because he owns a lot in the section of the neighborhood D.R. Horton is proposing to be rezoned.

“Given my understanding of the interest that these residents (members of the Council) have and my understanding of the spirit of the statute, further consideration should be given to that issue,” Dillard continued. “A vote tonight would (have the) taint of a denial of due process. I remind Council that for zoning ordinances like any restrictions upon freeze of land or disfavor of law must be construed narrowly. Listening to the comments tonight, the only ones that have been made that are pertinent relate to density, which is being reduced (by the proposed ordinance), which is generally favored and to traffic, which is being reduced, which is generally favored.”

Dillard warned that there had been no comments made that would give Council a valid reason to vote against the proposed amendment.

Town Administrator Gary Parker interrupted Dillard to say, “There is no vote. This is first reading.”

Dillard said he was under the impression there would be a vote on the issue at the meeting. The agenda, in fact, listed “Consideration of Cobblestone PDD Amendment” as an action (vote) item. Dillard continued, saying, “All considerations vital to the question of zoning that have been raised at this hearing weigh completely in favor of accepting the proposed amendment.”

Two residents of Cobblestone Park, George Logan and Ed Skeffington, spoke to the issue of several lots near the neighborhood’s gated entrance that D.R. Horton proposed to zone R-4 to accommodate five model homes in place of the old tennis courts.

“We are dead set against model homes (in an area) where we all disburse during the day,” Logan said, lamenting that more residents had not attended the meeting. Logan also said he understood from an earlier neighborhood meeting with D.R. Horton representatives that the company said the proposed models in the R-4 section would not be built. He said he felt the implication was “never.”

Ross Oakley, an engineer with Thomas & Hutton, representing the developer, said the point made at the meeting “was to hold off on model homes for five to 10 years and then see if they are needed.”

Margle told the group, “Let me be clear that we are eliminating model homes from the R-4 area.”

Margle said that without the proposed rezoning, he didn’t know “how long D.R. Horton can continue to fund the deficit of the Home Owners Association with the clubs, common areas, open space and private roads. It’s a very large ticket.”

At one point, Parker spoke up to tell the speakers and Council that there would be discussion time during the meeting when he thought some of the questions and concerns regarding the zoning issue could be cleared up.

The sticking point with residents of Cobblestone was clearly two-fold: the R-4 zoning that would allow the developer to, at any time, build model homes in that area; and what they feared would be increased traffic resulting from additional homes built in the neighborhood, even though Michael Criss, Town Planner, explained that the new zoning proposed by D.R. Horton represented 506 fewer total dwelling units  (1,666 to 1,160) in Cobblestone Park than are allowed under the current zoning. Oakley said that reduction in dwelling units would equate to 100 fewer vehicle trips per day.

In the end, Council members generally expressed opposition to the R-4 zoning. Massa and Mangone both said they would not favor a vote for the proposal unless D.R. Horton eliminated the R-4 zoning altogether. Councilman Eddie Baughman said he thought that if the R-4 zoning and model homes near the gated entrance were eliminated everyone would feel better about the proposed rezoning.

Utroska continued to hammer the traffic issue, saying he had in his possession a traffic study taken at Blythewood Road in the vicinity of Cobblestone Park that showed an increase from 7,000 vehicles per day (sometime in 2013) to 12,000 vehicles per day in October 2014. When asked by Margle to name who had conducted the study, Utroska would not reveal that information. When pressed further by Markle, Utroska agreed to share the study with him privately.

Council voted to defer the vote and send the matter back to the Planning Commission for further review. The Planning Commission had previously recommended it to Council for passage.

The proposed amendment is now on the agenda for discussion at the next Planning Commission meeting set for Monday, Feb., 2, at The Manor.

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Senior Community Planned for Blythewood

WINNSBORO – With the owners of an approximately 4-acre tract at the end of Creech Road in Blythewood seeking to have that property developed into a multi-family senior living development, Winnsboro Town Council Tuesday night agreed to provide a willingness to serve letter for up to 20,000 gallons of water per day. That agreement, however, came with what is becoming a standard contingency, according to John Fantry, Winnsboro’s attorney for water and utilities.

“It would be contingent upon the developer entering into a development agreement, as we’ve done in the past, then we would commit the water, in this particular project, in 2016,” Fantry told Council. “If it needed to be phased, based on what the design is, we would phase it in so we would have a reasonable impact upon our citizens.”

The request was made by Darren Rhodes of Fowler Realty and Land Services in Columbia on behalf of the property owners, Margaret Dubard, Linda Peake and Bonnie Martin. No developer has yet made a bid on the property, Fantry said.

Rhodes told Council the plans for the property entailed 64 two-bedroom, two-bath units, with each unit expected to require 300 gallons of water per day. Construction is not planned to begin before January of 2016, Rhodes said, with the project expected to be completed in one phase. The property (tax map number R15100-05-06) is located at the end of Creech Road in Blythewood, behind the Russell and Jeffcoat offices.

Red Gate

Following up on a vote at their Jan. 6 meeting to provide a willingness to serve letter for 100 taps over the next two years to property at Blythewood and Syrup Mill roads, Council voted to authorize Town Manager Don Wood to execute that letter, making the commitment official. The property was formerly under development by Red Gate Development, but is currently owned by Arthur State Bank. The letter comes with the same contingency as the Creech Road property.

WWII Memorial

Bill Haslett, who is heading up a committee to have a World War II memorial placed on the grounds slated to be developed into a park at the old Mt. Zion School, appeared before Council Tuesday night, asking them to release the $5,000 in matching funds Council promised him last year. Haslett said his committee has met their end of the bargain, raising $16,000 for the project. County Council also agreed last year to kick in $10,000 in matching funds, and Haslett said he would be asking them to cut a check as well later this month.

Councilman Clyde Sanders suggested Council hold a joint work session with Haslett’s committee and the developers of the park to ensure the both projects are properly coordinated. Sanders also put a motion on the floor to release the funds, but withdrew that motion after Councilman Danny Miller stressed that the work session should come first.

Haslett said the project was on a tight schedule if it was going to meet its projected Memorial Day dedication on May 25. As for the park, Connie Shackleford, the Town’s Grants Coordinator, said those plans had not yet been received by the Town but were due any day now. The completion date for the park is Sept. 15, she said.

Water Department Buys

Council also approved requests from the Water Department for a replacement control panel at lift station 19 near Richard Winn Academy, as well as a replacement pump at a total cost of $6,657.95. The department’s request for a replacement service truck was also approved by Council. The 2004 Ford regular cab four-wheel drive with Triton 5.4 diesel engine with just under 50,000 miles on it will cost the town $20,470.

BLYTHEWOOD – Town Council took a look at its hiring policies and procedures during their Jan. 14 work session. While Councilman Bob Massa reported that the Town’s hiring policies adhered closely to those of the S.C. Municipal Associations’ handbook, he said he would like to change the Town’s policy to require the Town government to solicit from both inside and outside Town Hall when hiring.

Town Administrator Gary Parker said he had no objection to that, but would suggest promoting from within first when possible.

“Then, if there are no great internal candidates, we’ll go outside,” Parker said.

The discussion follows the Town’s recent hiring of the Town’s outside legal consultant, Jim Meggs, as the Town’s attorney as a full-time employee, not a consultant. The job was not posted or advertised before Meggs was hired.

In regard to nepotism (hiring relatives of elected officials), Councilman Bob Mangone took the discussion a step further, suggesting the Town should not purchase from or do business with relatives of elected officials or those appointed to the Town’s boards and commissions.

Parker said that while that is standard with governments, the law sometimes recognizes that in small communities, contracting or making small purchases from relatives of town officials is allowed because it is almost unavoidable. The issue is expected to be on the agenda for a vote at the Jan. 26 Council meeting.

RIDGEWAY – Just days after holding a special meeting to discuss the potential of relocating a County recreation center, proposed for a plot of land next to a recycling center on Highway 21 outside of town, into the heart of downtown, Town Council voted during their regular meeting on Jan. 8 to present that option to the County. And while only one member of the community spoke out against bringing the center to the corner of Church and Means streets during the Jan. 5 special meeting, four more voiced their opposition on Jan. 8.

“I don’t want it to be an eyesore,” Jim Moss told Council. “You’ve got a half a million bucks to work with, and I know (you’re) talking about a metal building. That really is not very attractive and a half million bucks I don’t think builds a whole lot, once you throw in permits, architects and engineering fees.”

Moss’s wife, Vickie Moss, asked Council why they would want to lease over to the County a landmark site that was already a park-like setting. She said she was not in favor of the aesthetic of a metal building or the congestion and traffic it would bring. William Mattox, who lives directly behind the existing softball field at the 5-acre site, said he was also concerned with the potential of additional traffic in the area, while Angela Harrison said one of the things that make Ridgeway special is that it has remained largely unchanged over the years.

“People come to Ridgeway because it has remained the same,” Harrison said. “It’s quaint. It’s maintained that charm for other people. They won’t come here because we have a rec center; they come because we are what we are.”

Harrison also said she was under the impression the area was going to be part of an overall beautification project and remain green space.

Councilman Russ Brown, who has spearheaded the push to ask the County to consider relocating the center from the proposed site on Highway 21 across from Smallwood Road, said before the vote that there was plenty of room on the Church and Means streets site for the facility.

“We’ve got 5 acres over there and you’re talking about a 4,400-square-foot building,” Brown said. “An acre is 43,560 square feet. With 5 acres, we can maintain the arch, which everybody wants to do. The ball fields will stay there. You have the walking trail, so maybe having something over there will be an incentive for people to use that facility more often.”

Brown also said that the town has an architectural review board in place that could ensure the facility fits in with the town’s aesthetic and isn’t an “eyesore.”

Councilman Donald Prioleau said the idea was to put the facility in the corner of the lot, where the former Town Hall was once located. That would also help alleviate the traffic congestion on the other end of the property, he said.

“I feel sure the space is there,” Prioleau said. “Let’s try to give our citizens, especially our youth, something to do in our community.”

Mayor Charlene Herring reminded Council that the facility was intended to serve all of District 1, and not just the town of Ridgeway. And while Council had heard from Ridgeway citizens, they had not received input from residents of the district at-large. Councilman Heath Cookendorfer also told the audience that Council was, at this point, only on a fact-finding mission. No final decision had yet been made on relocating the facility, he said.

“I did not know there was going to be a rec center here until I saw the sign go up (on Highway 21),” Cookendorfer said. “We may find out it doesn’t fit our needs (in town), that we don’t have the space for it. All we’re going to do now is finding out more information. We’re not making any decision.”

Cotton Yard Lease

Council also passed on a 3-1 vote first reading of an ordinance to lease property in the center of town, known as the Cotton Yard, from Norfolk-Southern Railway for $300 a year. Mayor Herring and councilmen Brown and Doug Porter voted in favor, while Prioleau voted against. Cookendorfer did not register an audible vote.

Herring said the Town is also reviewing liability insurance policies for the property, one for approximately $700 and another for $2,000. Council made no decision on the policies at the Jan. 8 meeting.

RIDGEWAY – With only two members of the public speaking for the record on the pros and cons of locating a proposed County recreation facility in the heart of Ridgeway, Town Council forged ahead at a special called meeting Monday night on the prospect of bringing the facility into the town limits.

Although Ridgeway resident Cal Harrison did not emphatically declare his support for locating the facility in town, he was clear on his feelings about the initially proposed site on Highway 21 S., across from Smallwood Road, where the County has recently posted a sign announcing its intentions to build.

“When I first saw the sign go up right next to the recycling center, to me it didn’t seem like the appropriate place,” Harrison told Council. “To me it doesn’t send the right message about recreation or the community at that location.”

Councilman Russ Brown originally brought the issue before Council at their Dec. 11 meeting, not long after he said he had seen the sign go up on Highway 21 S. At that same meeting, Brown also said he had learned from outgoing District 1 County Councilman Dwayne Perry that the County had initially inquired about constructing the facility at the corner of Church and Means streets, where Ridgeway already has a baseball/softball field, but that Mayor Charlene Herring had rejected the idea without consulting Council.

The property at Church and Means streets, Harrison said Monday, “could be used for something really special for the town that would draw people into the town,” even, he added, if the property were left as green space.

Herring said on Dec. 11 that the Town’s strategic plan had other designs for the Church and Means streets site, but Council pressed the issue and agreed last month to revisit the proposal in a meeting with County representatives. Monday night, only Dan Ruff, who was then still a week away from being sworn in as the new District 1 County Councilman, made an appearance on behalf of the County. Perry, Herring said Monday night, was ill, and Brown said County Administrator Milton Pope had suggested to him that the best way to proceed would be for Ridgeway to put together an alternative proposal and bring it directly to the County.

Brown began advocating for the Church and Means street site last month, and Monday night was no different. But Ridgeway resident Cecil Dupree said Monday that the ball field already in use at that location has created a traffic problem as it is, a problem he said that would only be exacerbated by the addition of a recreation facility.

“I’ve got a little bit of concern about adding anything at that junction down on that end,” Dupree said. “During ball season there’s quite a bit of traffic up there. Children are playing in the street. It’s not safe, really, for that.”

Dupree also said the walking trail, which Brown has touted as an attraction that, along with the ball field and sidewalks, would make a perfect match for a full-blown recreation facility, was under-used and not well maintained. And while Brown has asserted that an in-town facility would be convenient for people to walk to, Dupree disagreed.

“The walking trail,” Dupree said, “I doubt there are very many in this room that have used it. No one walks to that facility now. Everybody drives. That’s what has created the problems. Nobody is going to walk down there. We don’t have that many young children in Ridgeway. So it’s not a place for children. It might be a place for a few individual adults that live in the area.”

When Dupree asked who would maintain the facility, Brown, referring to the County’s plan, said that the County had budgeted $17,000 a year for maintenance and $28,000 a year for staffing. Brown offered a copy of the plan to those in attendance, and while Harrison accepted a copy, Dupree politely declined.

“I grew up in Fairfield County,” Brown said, advocating for the change in location. “A lot of people I grew up with moved away and didn’t come back. I think one thing a lot of people say is there’s not a whole lot for young people to do here. If you give them something and offer them something it may, in the long run, help change that stigma that some people have about the county and the different areas of the county.”

“I just don’t see it,” Dupree said. “There’s not that many people, even the ones that use the walking trail, that walk to the trail. They drive down there. So if they drive here or drive out there to (Highway) 21, it doesn’t make a lot of difference, except for the people that live there.”

Herring said the facility was intended to serve all of District 1, not only the town of Ridgeway. Having the facility in the middle of town may or may not be the most central location to serve the entire district, she said. Councilman Donald Prioleau, however, said a Ridgeway location was ideal.

“I know this facility would work better in downtown Ridgeway,” he said. “Why? Where do we vote at? Downtown Ridgeway. Where do we bank at? Downtown Ridgeway. Where do we shop at? Downtown Ridgeway.”

Brown also suggested building the facility on the end of the property where Town Hall was once located, which Prioleau said would alleviate traffic problems at the ball field.

Herring said during the Dec. 11 meeting that the Town has considered adding a maintenance shed on the property, and Monday night she emphasized the Town’s need for additional storage. But Prioleau said the best place for storage would be at the Town’s wastewater plant, which Councilman Doug Porter agreed was a possibility.

Porter said having the facility in town “would be a real asset for the community. If we can work it in.”

Councilman Heath Cookendorfer also came out in favor of locating the facility downtown, creating a solid bloc on Council for the site at Church and Means streets.

“I would love to see it downtown,” Cookendorfer said. “I think it could become a beacon that can enhance Ridgeway.”

Ruff suggested that Council should present their alternative plan in writing to Pope and include their various options, such as exchanging a basketball court for a playground. Cookendorfer placed a motion on the floor to do so at Council’s Jan. 8 meeting (after The Voice went to press), hopefully in time to have it placed on County Council’s Jan. 12 agenda, he said. Prioleau offered a second and the motion passed without dissent.

Commission Questions Approved Industries

BLYTHEWOOD – Appearing before the Planning Commission Monday night, Nelson Lindsay, Director of Economic Development for Richland County, proposed a new Limited Industrial (LI(2)) zoning category for the Town that he said would make sure there are sites suitable for companies to locate in Richland County.

“That primarily means industrial sites, industrial parks and industrial buildings. Those are the types of projects we typically work with,” Lindsay said.

The agenda listed as an action item the adoption of the proposed zoning. Touting the LI(2) zoning classification as bridging the gap between the Town’s current Limited Industrial Zoning District and the heavier Basic Industrial Zoning District, Lindsay said the goal of the LI(2) is to make it specific to this community and what would be acceptable to it. He said the LI(2) would be more restrictive than the zoning in Northpoint Industrial Park, for example, and handed out a listing of the North American Industry Classification System (NAICS) codes that indicated the industries that would be allowed in the LI(2) zoning district.

But after Commissioner Mike Switzer questioned whether some of the listed industries, such as tire manufacturing and textile mills, might be considered heavy rather than limited manufacturing, the Commissioners voted to postpone a vote on any recommendation to Town Council until they had further considered the industries that would be allowed in the town limits under the new zoning classification. Three of the seven members were not present and those present said they had not previously seen the list of manufacturing that would be included in the LI(2) zoning.

The specific focus of the proposed LI(2) zoning is 633 acres west of I-77, most of which was previously included in a 900-acre tract that was for a short time, in 2003, zoned as a Light Industrial Research Park. That tract was subsequently re-zoned to Development (D-1) which, Town Planner Michael Criss said, is more closely aligned with Rural zoning. A site map showed the 633 acres bounded by I-77, Ashley Oaks subdivision, Locklear Road and the area around Westwood High School just off Highway 21. Lindsay said the tract is under a 5-year option by Richland County.

“When companies come looking,” Lindsay said, “they have such an accelerated time schedule that we have to be prepared. If they (industrial buildings and parks) aren’t built before they come looking, it’s too late. Due diligence means having all the infrastructure in place – water, sewer and power already at the site. And, of course, we have to have the zoning in place and that’s why I’m here. These companies can’t wait for the zoning to be passed when they start looking. I’m here tonight to eliminate that risk. We don’t want to spend money to build buildings until the zoning is in place.”

Lindsay said the new zoning classification would also enhance the marketability of the closer industrial sites in the County that are already in place, including Northpoint and Carolina Research Park.

Mayor J. Michael Ross attended the meeting but did not speak. Former Councilman Ed Garrison and the Town’s Economic Development consultant, Ed Parler, both spoke in support of the LI(2) zoning.

The next regular Planning Commission is scheduled for Feb. 2, when the proposed zoning is expected to be further discussed.

Categories of Manufacturing Allowed

in Proposed LI(2) Zoning District

• Textile Mills • Fabric Mills • Leather & Allied Product Manufacturing • Wood Product Manufacturing • Paperboard Manufacturing • Commercial Printing • Pharmaceutical & Medicine Manufacturing • Plastics & Rubber Products Manufacturing • Tire & Rubber Hose Manufacturing • Steel Product Manufacturing • Forging & Stamping • Structural Metals Manufacturing • Boiler, Tank & Shipping Container Manufacturing • Machine Shops, Screw, Nut & Bolt Manufacturing • Industrial Machinery Manufacturing • Engine, Turbine, Power Transmission Equipment Manufacturing • Computer & Electronic Product Manufacturing • Semiconductor & Other Electronic Component Manufacturing • Bare Printed Circuit Board Manufacturing • Household Appliance Manufacturing • Electrical Equipment Manufacturing • Battery Manufacturing • Automobile & Truck Manufacturing • Aerospace Product & Parts Manufacturing • Office Furniture Manufacturing • Mattress Manufacturing • Motion Picture & Sound Recording Industries • Business Support Services• Restaurants • Data Processing • Other Businesses & Services