BLYTHEWOOD – When Lenore and James Zedosky moved from West
Virginia to South Carolina, they didn’t envision spending nearly five years of
their retirement locked in litigation with a national home builder.
Now the lengthy legal battle has finally reached a
conclusion.
On March 14, the Zedoskys along with two other residents and
DR Horton jointly agreed to settle the lawsuit in a dispute over green space,
according to Richland County court records.
Per the terms of the dismissal, each party will pay for their
own legal costs. A $5,000 deposit is being returned to the plaintiffs as well.
Lenore Zedosky said she is relieved the litigation has
ended.
“After five years, thousands of dollars and some health
issues, we decided it was just time to end it,” she said. “We felt like we had
a very good case. Our lawyer met with their lawyer and both came to a consensus
that the case would be dismissed, so we were very pleased about that.”
The legal battle began back in July 2017, when the Zedoskys
and two other plaintiffs sued DR Horton and the Town of Blythewood.
The suit asserted that covenants in place stated the
properties would be adjacent either to a deeded nine-hole golf course or remain
a perpetual greenway pursuant.
DR Horton acquired the property in 2012 with plans to
subdivide it for future development in violation of the covenants, according to
the suit.
Zedosky said as a result of the settlement, DR Horton has
agreed to preserve the green space and not develop the contested property.
A DR Horton representative couldn’t be reached for comment.
In court filings, DR Horton denied claims in the homeowners’
suit. The home builder also filed a cross claim against the Town of Blythewood,
saying the town wrongfully denied building permits for which DR Horton applied.
According to court papers, DR Horton eventually consented to
dismissing its cross claim against the town, but the town never agreed to the
dismissal.
Blythewood Town Manager Carroll Williamson said the town
didn’t consent because it wanted a definitive ruling to eliminate any ambiguity
on permitting issues.
The town wanted “clear legal guidelines for how to treat the
property for permits going forward,” Williamson said. “Because of this, we did
not agree to a dismissal without a ruling on the merits.”
Meantime, the Zedoskys and other co-plaintiffs said DR
Horton’s plans would have a material adverse effect on their rights including,
but not limited to, a devaluation of the value of their properties and a
significant disruption of their quiet enjoyment of their property that would
result from the loss of the property as green space or as a golf course.
The suit claims Horton sought permission from the town to
subdivide the property.
“Horton has failed to obtain the written consent of the
majority of owners affected by Horton’s intended change in the use of the
property which is subject to the Greenway Covenant,” the suit states.
Now that the suit is dismissed and resolved, Zedosky said
the process illustrates that it is possible to prevail in planning or zoning
disputes.
“We now want to work with the town to make sure this doesn’t
happen again,” Zedosky said. “We’re hugely relieved. If you work with your
elected officials and are professional about what you’re asking for, you can
impact what happens at the local level.”
BLYTHEWOOD – Four town residents have filed to run for two
at-large seats on town council in the upcoming Nov. 2 municipal elections. The
filing period ended Tuesday at 5 p.m.
Larry Griffin
Filing to run for the four-year term on council are: incumbents Larry Griffin and Sloan Griffin, Planning Commission Chairman Rich McKenrick and Cobblestone Park resident Roxann Henagan.
Larry D. Griffin, 67, a resident of Langford Road, was first elected to town council in 2015 to fill the remaining two years of Councilman Bob Massa’s four-year term after Massa moved away. Griffin was then elected to a full four-year term in 2017. He is the president of the Bethel-Hanberry Athletic Alumni Association and owns GEM Financial Resources.
Sloan Griffin
Sloan J. Griffin, III, 35, a resident of Cobblestone Park, was first elected to council in February, 2020, to fill the remaining two years of a four-year term vacated by Brian Franklin after he was elected mayor. Griffin has served on the town’s planning commission and is now seeking his first full four-year term on council. He is the Emergency Manager for SCDOT.
Roxann Henagan, 52, a resident of Cobblestone Park, is making her first run at public office. Henagan is an author and describes herself as one who provides advocacy support for education.
Roxann Henagan
Rich McKenrich, 55, is a resident of Ashley Oaks neighborhood, and is seeking his first term on town council. He has served on the town’ planning commission for three years and is currently the chairman of the planning commission, is the Blythewood appointee to the TPAC Committee and serves as the HOA president for Ashley Oaks phases 4-7. He works in new construction sales.
The Voice will publish campaign statements from each candidate in a coming issue.
McKendrick
Register to Vote
The last day to register to vote in person for this election
is Saturday, Oct. 2, 2021 by 12 noon. Voter registration by mail must be
postmarked no later than Monday Oct. 4, 2021. Voter Registration on line, fax
or email must be entered no later than Sunday, Oct. 3, 2021 at 11:59 pm. To
register to vote or to obtain absentee ballots, contact the Richland County
Voter Registration Office, 2020 Hampton Street, Columbia, S.C. Absentee ballots
may be requested by calling the Voter Registration Office at 576-2240.
In-Person absentee voting will begin Monday, Oct. 4, 2021 at 2020 Hampton
Street.
The Polls will be open from 7 a.m. until 7 p.m. The polling
place for all precincts in this election–Blythewood 1, Blythewood 2,
Blythewood 3, Longcreek, and Ridgeway (Fairfield County)—is:
Blythewood Park
126 Boney Road
Blythewood, SC 29016
The results of the election shall be determined according to
the plurality method.
At 9 a.m. on Election Day, the absentee ballot return
envelopes will be examined at the Richland County Voter Registration and
Elections office, 2020 Hampton Street, Columbia.
The Richland County Board of Elections and Voter
Registration will hold a hearing on Thursday, Nov. 4, at 9 a.m. at 2020 Hampton
Street, Columbia to determine the validity of ballots challenged, if any, in
this election.
The 60-day ordinance goes into effect Monday, July 13, at 6 a.m.
BLYTHEWOOD – In a special called town council meeting Friday
evening, July 10, council voted 4 – 0 to pass an emergency ordinance requiring the
wearing of face masks to prevent the spread of COVID-19. Councilman Larry
Griffin was not in attendance.
The ordinance requires all persons entering a commercial
establishment in the Town to wear a face covering which covers the mouth and
nose. It is also recommended, but not mandated, that face masks be worn during
religious events.
In addition, the ordinance requires that all restaurants,
retail stores, salons, grocery stores and pharmacies in the Town require their
employees who have face-to-face interactions with the public to also wear face
coverings.
Anyone who is unable to safely wear a face mask because of
age, an underlying health condition or is unable to remove the face mask
without the assistance of others is exempt from the ordinance.
Other exemptions to wearing a face mask include: in personal
vehicles, when a person is alone in an enclosed space, when eating, drinking or
smoking, when a person is alone with other household members, when wearing a
mask causes or aggravates a health condition, when a person is 10 years of age
and younger and during outdoor physical activity as well as in indoor gyms,
providing the person maintains a minimum of six feet from other people at all
times and, in the case of gyms, that the facility and equipment are properly
sanitized.
Persons who fail to wear face masks in commercial
establishments would be guilty of a civil infraction, punishable by a fine of
not more than $25.
Persons in authority over employees at commercial
establishments who fail to require employees to wear face masks while having
face-to face interaction with the public will be fined not more than $100.
Each day of the continuing violation of this ordinance shall
be considered a separate and distinct offense. In addition to the fines,
repeated violations of this ordinance by a person who owns, manages, operates
or otherwise controls a business subject to this ordinance may result in the suspension or revocation of any
occupancy permit or business license issued to a business where the repeated
violation occurs. Repeat violations will be declared a public nuisance which
may be abated by the Town by restraining order, preliminary and permanent injunction
or other means provided by the laws of the state.
“Wearing masks is the least you can do. It just makes
sense,” Mayor Bryan Franklin said. “The bottom line is, if you are asymptomatic
and don’t know you have it, you can still spread it. The mask is for the
public’s safety. It’s not a hard thing to do.”
Franklin said the town government will provide masks to
those who don’t have access to them.
The ordinance goes into effect on Monday, July 13 at 6 a.m. and will be in effect for 60 days.
BLYTHEWOOD – As Blythewood works through its budget process for the 2020/21 fiscal year, the funding of events became a point of contention at the May 26 town council meeting, which was held via Zoom.
With all the disruptions caused by COVID-19, two things were
made clear: hospitality tax (H-tax) revenue is down significantly, and unknowns
related to the virus could put a damper on the annual town events that are
funded by H-tax revenue.
“At the end of the day, to give you a balanced budget we had
to make some drastic cuts,” said Town Administrator Brian Cook, who presented a
draft budget on first reading that was created with input from council members.
The town’s hospitality tax, which is generated by
restaurants, is down from a typical $175,000 to just $29,000 – less than 17
percent of the typical amount. The town uses this money to fund tourism,
including events that are supposed to draw tourists.
Looking at a budget proposal that included major cuts to
events in the coming year, the council members clashed over what approach to
take.
“I’m not comfortable saying ‘This is how much money we’re
going to get’ because I think it’s going to be a lot less than anybody
anticipates,” said councilman Donald Brock.
“If people aren’t going out spending, then money’s not going
to flow into the town coffers, and if the town doesn’t have the money, then we
can’t spend it. I think we really need to kind of step back and be cautious in
allocating funds and not overpromise.”
Brock’s suggestion was to fund each event at $1 as a
placeholder, and re-assess quarterly when actual revenue – and the status of
events realistically taking place amid social distancing – is known.
Also, he said, weight should be given to cultural events
like Black History Month, which don’t have their own revenue stream, over
entertainment-focused events that raise money through ticket sales and
sponsorships and that generate enough revenue to fund themselves.
“Revenue has nothing to do with it!” declared Councilman
Eddie Baughman. He repeated the statement several times.
“The whole idea behind the hospitality tax money is to bring
folks to town to spend money,” Baughman said. “Their revenue should be
irrelevant.”
Baughman was particularly concerned about the Big Red Barn
Summer Jam event. He said a significant percentage of the profits it generates
go to fund charitable activities in town.
Baughman asked for an explanation for why the event, which
last year received $12,000 in town funds and this year requested $25,000, was
slated to receive just $6,250.
“We’re cutting their funding almost to the point that
they’re probably going to back off and not do it,” he said.
At that (May 26) council meeting, with available H-tax
funding dropping from $175,000 to only about $29,000, administration suggested
the following reduced funding amounts.
Only three events were funded at $6,250 in the budget
proposal: Summer Jam, which topped 1,000 attended in its second year and
RibFest and OktoberFest, both of which brought in well over 2,000 in their
first year. Black History Month was slated to receive $5,000; Bengal Boys Golf
$2,250; Holiday Market $1,500; the Big Grab $1,000; and Spring Market $746. The
July 3 fireworks, which was set to receive $25,000 before the cuts were
initiated, brings in 5,000 – 6,000. While it’s still in the discussion stage,
council is leaning toward have the fireworks event but with no music and no
food and attendees would view the fireworks from their vehicles.
Three other events and several planned maintenance projects
were slated to receive $0.
Mayor Bryan Franklin said the reasoning behind funding some
events a lot more than others was sound. In the draft budget, the bulk of the
available funding was allocated toward events that have significant
ahead-of-time costs, such as hiring, booking performers and publicity costs.
“It’s not picking winners and losers,” he said. “It’s where does that start-up money come from? What organization does it need to go to early so they can lock in plans, and how can we keep it below our $29,000 [revenue projection]?”
After the May 26 meeting, some council members suggested pulling $134,654 from the H-tax fund balance to fully fund the FY21 H-tax events as shown in the chart above. These amounts are proposed but will be voted on at the June 22 town council meeting at The Manor.
Sutton Shaw, who owns the Big Red Barn Retreat and organizes
the Summer Jam, was in attendance to lobby for her event.
She touted the enthusiasm she witnessed among tourists at
Myrtle Beach on a recent weekend as a sign of good news for tourism and events,
but her comments on the realities of planning the Summer Jam cast doubt on the
timing of this year’s event in light of COVID-19.
“Some of us are planning now,” she said of event organizers.
“Our summer jam originally happens in July. We are trying to move to
September….”
She didn’t make a specific request for funding, but rattled
off a list of her own community contributions. She expressed disappointment in
what she felt is council’s lack of appreciation for her efforts as reflected in
the proposed reduced funding amount for her event.
“Personally I’m donating all my time, and my family has
donated 75 acres of the land for a new building and investing over $1.5 million
to bring our newest program in that will launch in October,” she said, noting
that these efforts are aided by profits her family’s business has realized
during the pandemic.
“My family owns 26 Sonic drive-ins, and we’re killing it in
sales. We’ve been up 20 and 30 percent with Covid,” she said.
Her comments reinforced a point made by Brock earlier in the
meeting.
“If we’re continuing to allocate money to events that can
fund themselves, then we won’t have money to fund upstart and new events that
can bring additional tourism into town,” he said before sharing some numbers
about the Summer Jam.
Last year, he said, the town contributed $12,000 to the
event. The year before that it was in the $6,500 range. Those two years, the
event turned a net profit of more than $26,000.
“I don’t know how I could sit here and possibly vote to
approve an event that should be sitting on $26,000 in the bank, and their
expenditure last year was $28,000,” he said, arguing that town funds should be
used only to help revenue-generating events to get established – not to support
them perpetually.
Councilman Sloan Griffin agreed with the idea of taking a
step back to re-assess event funding as information – about the revenue, about
the effects of the pandemic, about the likely status of events in real time –
becomes more clear.
“I agree at this budget session right here that we do need
to take a pause,” Griffin said. “We could be in the same situation January next
year.”
When council convene on June 10, the H-tax funding packet
had done an about-face, reflecting full funding for the events as shown in
chart the chart above.
With almost $500K in the H-tax fund balance, Town
Administrator Brian Cook said some council members had suggested using some of
that fund to fully fund the H-tax events.
“We took $134,654 out of the H-tax fund balance and
allocated it for that purpose,” Cook said. “It will be up to council as to how
much they want to use to fund the events.”
The next meeting will be open to the public to attend and
will be the final vote on the fy2020-21 budget. It will be held at Manor at 7
p.m., Monday, June 22. Those attending are asked to wear masks and practice
social distancing.
BLYTHEWOOD – The Town of Blythewood will host its fifth annual July Fireworks bash on Wednesday, July 3 from 4 – 11 p.m. with music, food and a park full of thousands of fireworks fans from Blythewood, Fairfield and beyond.
The Fireworks, Food and Music event will feature about 25 food vendors, five on-stage music groups and a full half hour of fireworks that will light up the sky over Doko Meadows Park beginning at 9:30 p.m.
Featured artists include Eboni Ramm, Blues Deluxe, A.J. Sanders and the DB Bryant Band. This year, there will be something new on the program – an after-fireworks performance featuring local musicians Ramblin’ Road from 10 p.m. to 11 p.m.
Food and drink vendors will include Doko Smoke BBQ, McNulty’s Taproom, Scotties, The Haute Dog Lady, Sweet Peas Ice Cream, The Donut Guy, Bessie’s Sweet Delights, Brain Freeze, Kona Ice, Fishin’ Fellas, and others. Beer sales will be available. No coolers please.
The event is free. Bring lawn chairs or a blanket to sit on and show up with the kids.
BLYTHEWOOD – The Blythewood Town Hall has been named one of several hubs to host hiring events for almost 6,000 people from across Richland, Lexington and Kershaw Counties. The first phase of hiring, according to the Census Bureau, started on June 10, and training will begin in late July.
These 6,000 positions will be for Address Canvassers, who will have total flexibility in their hours of field work (part-time or full-time), and will be responsible for confirming the addresses of all dwellings well ahead of the 2020 schedule of enumeration (census takers) next year.
The Census Bureau will continue to need applicants for the current phase for several positions and into the peak census gathering operations through May of 2020. The Census Bureau has been booking their career coach for select Town Halls across the Midlands. The Town of Blythewood is one of those, and will host its event on July 31, from 10 a.m. to 3 p.m.
More information will be provided as it becomes available. Those interested can call Town Hall at 754-0501.
Parler: There Was No Audit, Just a Review of Financial Statements
BLYTHEWOOD – Former Blythewood Town Councilman Tom Utroska picked a scab at the Council retreat on Saturday when he suggested Council has never resolved its questionable financial relationship with the Greater Blythewood Chamber of Commerce.
“I continue to harp on the Town’s fiduciary responsibility regarding the GBAC,” Utroska said. “My concern about the Octoberfest is that you are giving them [Chamber] $14,000, and they are going to make a $21,000 profit…16-18 months ago we required that the Chamber give [council] an accountable audit of their finances before you would give them any more money. In fact,” Utroska said, “you stopped giving them money for the Visitor Center. According to a former Town Council member, CPA Bob Massa, the Chamber gave you a bunch of numbers but didn’t give you anything to prove those numbers. Before the Town gives the Chamber more money, I’d like to see us have an audit [of the chamber]. I’d like to understand that what they say they’re spending is what’s actually happening.”
For openers, Utroska criticized council for allowing the chamber to spend event advertising money provided by council on two of three newspapers, leaving out The Voice which he said is the one of the three that is a town business.
“Don’t leave out someone that you’re supposed to be representing – a town business,” Utroska added. “The Council has done a good job with the Town’s finances. But I am concerned that you are not fulfilling your fiduciary responsibility [regarding the chamber.] I think you’re setting yourself up to be criticized more in the future.”
Councilman Bryan Franklin defended the chamber saying it is having its books audited by the same auditor the town uses – Love Bailey.
“As soon as that audit is completed, they are going to present it to the board based on the conversation we had before when we found out there were some issues with their internal auditing,” Franklin told Council. “So they have agreed to do an audit with our town auditor.”
“Is there an actual audit that’s been done? That’s been completed on [the chamber’s] last year’s finances?” Mayor J. Michael Ross asked the Town’s Economic Development consultant Ed Parler, who also serves on the Chamber board as a liaison with town council.
“As far as an audit that goes into depth – a management audit – no. It’s just purely on financial statements. We’ve been told that an organization the size of the Chamber really doesn’t need a certified financial audit, that their statements are accurate and are being independently reviewed by [Love Bailey].”
Ross asked chamber board secretary Mark Cruise, seated in the audience, for a copy of that review.
“We submitted a copy of that review with a final report on the A-tax Visitor Center funding at the year end and the numbers matched up,” Cruise said. “We made sure that Mr. Bailey’s review matched up independently with the chamber’s financials and they did.”
Cruise went on to say that the reports are on the chamber’s website. A review of those reports by The Voice, however, revealed that the year-end report submitted to council in June, 2018 for the Visitor Center (and which is not posted on the website) does not match the financial review on the website produced by Love Bailey.
According to a 2018 ruling by the S.C. Supreme Court, Chambers of Commerce in South Carolina are now only required to disclose financial information to the funding government which, in this case, would be the Blythewood Town Council.
Both Parler and Town Hall have been unable to provide The Voice with the Chamber’s monthly financial statements since June, 2018, but Ross said he would be happy to meet with The Voice, Cruise and Parler to discuss the Chamber’s financials.
In response to Utroska’s criticism of council voting unanimously to award the Chamber $14,000 for a fundraiser that is expected to raise $21,000 to benefit the Chamber, Ross explained council’s actions as, perhaps, a rushed decision.
“We got that 48 hours before our meeting,” Ross said. “We sat up here looking at that for the first time and they needed approval for some of the vendors, performers, etc. and I think we rushed through that. But it’s [the event] not until 2019-20 budget approval, so we may have to revisit that.
“For an organization to have a $21,000 profit, that’s great, but maybe they don’t need the money,” Ross said.
“I wish the Chamber had gotten inside the true town center district, the businesses in town that should be the real nucleus of support,” Ross said. “I see new members being the United Way of the Midlands. But I still charge the Chamber to somehow be a voice for businesses in Blythewood…to reach out to the mom and pop businesses that really do make up Blythewood.”
Dressed for the occasion, Sheila Butler, Maxine Goodwin, Alberta Lewis and Luvenia Gordon-Dukes arrived at the Blythewood Black History program ready to celebrate. | Barbara Ball
BLYTHEWOOD – The Blythewood Community celebrated Black History Month with music, dance and refreshments on Saturday at The Manor.
The afternoon of entertainment and remembrance included performances by members of the Blythewood Churches Community Choir, the Pine Grove Church Youth Choir and a dance team from Westwood High School.
Jo Ann of Na J Fashions
Jason Lloyd opened the program singing the National Anthem before Guest Speaker Dr. Joe Kelly was introduced. Viola Sanders entertained with an exhibit of inventions through the years by African-Americans.
Church awards were presented to local church elders as well as the most senior church elder. Ms. Daisy Mae Belton, now in her 80’s, was honored as a member of the Community Choir since she was eight years old.
A highlight of the program was the recitation of Martin Luther King’s “I Have a Dream” speech by Ky-Brian Alexander of Blair in Fairfield County. It was followed by the Black National Anthem led by Alexander and Lloyd.
Following the program, refreshments were served, and attendees were invited to sign their names to quilt pieces to be turned into a remembrance quilt.
BLYTHEWOOD – The Blythewood Town Council is throwing its annual retreat on March 16 and inviting the community for lunch.
“We always invite the community to all of our meetings, but I especially like them to come to our annual retreat. That’s when we plan for the next year and I think everyone in the community should have input into that planning,” Mayor J. Michael Ross said.
To that end, Ross is hoping to entice them with a lunch buffet. The retreat, set for March 16 at Doko Manor, will include the mayor, town council and administrative staff.
There will be a community lunch open to the public from 12 – 1 p.m.
“So even if someone can’t stay all day, we hope they will at least stop by for lunch and talk to us about what they would like to see done in the town,” Ross said. “We call it the Taste of Blythewood.”
Restaurants are invited to contribute food items for the luncheon. Those wanting to participate should bring food items to Doko Manor for set-up by 11 a.m.
“This is a great opportunity for the public to have a say in our government and become familiar with various tasty cuisines in our town…all at the same time,” Ross said.
Restaurants or food vendors who wish to participate, can call Hazel Kelly at Town Hall (754-0501) or email kellyh@townofblythewoodsc.gov.
As many as 600 homes are proposed to be built on acreage adjacent to Town Hall. | Ashley Ghere
BLYTHEWOOD – “Lord, what will this do to the traffic on Langford Road,” Mayor J. Michael Ross said after Town Administrator Brian Cook explained Tuesday evening during council meeting that a new residential subdivision with a total of 601 lots is being proposed on approximately 249 acres across Langford Road from Town Hall.
Even though the proposed development, Blythewood Farms, is a stone’s throw from town hall, it is located in Richland County, giving the Town of Blythewood no jurisdiction over the development of the project.
The acreage, being developed and owned by Great Southern Homes, is bordered by Langford Road, Rimer Pond Road and Highway 21.
“It’s a big piece of property that will have a big impact on the town,” Cook said.
The property was rezoned by Richland County in 2000 from Rural to a Planned Development District (PDD).
“It’s a permitted use for a residential subdivision in the county,” Cook said.
Because the land is zoned for that use, the project doesn’t have to go before the planning commission or County Council before becoming a reality. It is only required to go before the county’s design review team, tacted by a principle of Great Southern Homes who has offered to come to the town hall for a meeting with the mayor and Cook.
“They plan to phase it [build, perhaps, 200 homes to begin with], looking at potential turning lanes, road widening, water and sewer providers and talk to the South Carolina Department of Transportation (SCOD).”
“We see the plans, and there will be traffic studies,” Ross said. But neither offer him much encouragement about the effect the traffic will have on the Blythewood community.
“There are only going to be three ways in and out of the subdivision – two on Langford Road and one on Rimer Pond Road,” Ross said.
However, Ross said the development is not a surprise.
“It’s been here a long time. We just didn’t know when they would actually start.”
During the Amoth administration, in the early 2000’s, some effort was made by town hall to reach an agreement with the developer to annex into Blythewood, but that agreement never came to fruition.
“While it’s not in our town, it affects us,” Ross said. “I promise we will keep residents abreast of how our meetings go with the developer.”