The minutes of the regular meeting of the Town Council for the Town of James Island held September 2, 2003 at 7:00 p.m. at the Town Hall, 1246 Camp Road.

Mayor Mary Clark called the roll; present were Councilmen Joe Qualey, Bill Wilder, Parris Williams and Bill Woolsey, as well as attorney Mike Socha and clerk-treasurer Marie Copeland.  There was a quorum present for conducting business. 

Councilman Parris Williams gave the invocation, which was followed by the Pledge of Allegiance to the Flag.  The Mayor gave notice that the meeting was being held in accordance with Robert’s Rules of Order and that it was properly noticed in compliance with the Freedom of Information Act.

Councilman Woolsey moved that the minutes for the regular meeting of August 19, 2003 are accepted as written, and it was seconded by Councilman Williams.  The vote was unanimous to approve the minutes with no changes, corrections or additions.

Mayor’s Comments:

“We are honored with the presence of Mrs. Rebecca Wilder.  Miss Rebecca will tell you that she is 90 years old; she is the mother of Councilman Bill Wilder.  Miss Rebecca was on Broad Street demonstrating and marching with us, and, at one particular meeting, we had 3 people – she was there with Cubby and his son who was 5 years old.  It is a family affair.

There is a sad thing that I want to bring before you.  I don’t know if you saw in the paper yesterday a picture of Nathan Johnson, II.  Nathan Johnson is the huge man who has worked for the PSD in Waste Water for nearly 25 years, and he lives in the Town in Harbor Woods.  On Friday night, his son, who normally plays football, did not feel like going, and they took him to the doctor, and he died before the next morning.  So I wanted to bring that to you; there is a grand picture of him here; he looked just like his dad.  I am not sure what the arrangements are, but it seems there was something about Thursday in today’s paper.  I ask you to remember them in your prayers as one of our Town people.

Then we have the on-going fund-raising for Chief Charlie Rhodes, who served James Island for many, many years.  His house goes up for auction on 9/11; that is not a good day for a fireman to lose his home.  And there is an account at the Wachovia Bank; funds are being deposited there for him.”

Citizens’ Comments:

Vincent Langanella spoke as president of the Camp Road Estates Neighborhood Association to the proposal approved by County Planning to subdivide 3 properties in their neighborhood.  He noted that the resulting lots will be 1/3 the size of the properties in the surrounding neighborhood; therefore, are significantly out of character with the remainder of the neighborhood.  He reported that 2/3 of the residents have signed appeals to stop this subdivision from taking place.  The residents believe this decision by county to be symptomatic of the overdevelopment of the island, which is in direct conflict with the Comprehensive Plan for the Town of James Island.  He ended his comments by asking the Council to consider filing an appeal in opposition to the subdivision along with the neighborhood residents.  Other residents of Camp Road Estates who stated their views in opposition to the subdivision were John White, Lisa Bryant, and Thomas Trayer.

Susan Milliken noted that her family frequented the County Library next door to Town Hall, and she recently noticed the dire need the Library has for new stuffed animals and pillows for the children’s area.   She asked the Council to consider donating $150 to have a local seamstress make these pillows and stuffed animals. 

Committee Reports:

Arts:  no report.  Commission will meet Thursday, September 4 at 5 p.m.

Environment:  no report

Grants:  Bob Kline reported that the committee has a proposal “in the works” with the College of Charleston to use a Master of Public Administration student to develop data information needs material for needs assessment for the Town.  The committee will be seeking an allocation of funds from the Town for this purpose; it will probably be $3000.00.  Mike Socha has advised that the committee should work through entities that have 501C3 status rather than attempt to obtain such a status for the Town.  The committee is in the process of developing a questionnaire for community leaders to elicit information for the needs assessment materials.  He also asked Council for the approval of 2 additional members to the committee; they are Susan Chavis, who has experience as a grant writer for municipalities, and Marie Copeland, Town clerk treasurer, to serve as secretary.

Planning Commission: no report.  Leonard Blank gave notice that there will be a hearing on September 10 to re-zone the property across from Sonic on Folly Road.

Planning & Zoning:  no report.  Councilman Joe Qualey stated that the Council will be considering for first reading the Land Use Element and the Community Facilities Element of the Comprehensive Plan for the Town.  One major piece to the plan is lowering the density in Low Density Suburban Zoning Districts from 4 to 3 dwellings per acre.  He stated that he will request that the appeal for the subdivision in Camp Road Estates is added to the agenda for this meeting for the Town to support its residents. 

Public Safety:  no report.  Next meeting on Thursday, September 4 at 7 p.m.

Recreation:  no report.  Next meeting on Monday, September 8 at 5:30 p.m.

Roads & Traffic:  Councilman Williams noted that he was aware of the traffic backup that is occurring at the intersection of Camp & Folly Roads and at the connector during rush hours, and he stated that he thought that the synchronization of the light at Folly and Camp will make a big difference.  He announced that the County is in the process of widening Grimball Road at the new school.  He then asked for citizens to participate in this committee; the next meeting will be Monday, September 8 at 5:30 p.m.

Ways and Means:  Mike Socha reported that vote have been taken on the procedure for the audit to be performed for the fiscal year 2002-03, which is a cash basis financial.  Bob Kline also gave a report from the Grants Committee that they have decided to defer their request for funds.

Treasurer’s Report:  written report attached.  Marie Copeland, clerk-treasurer, stated that she is working diligently to get all data in the computer so that future reports will be generated there.  She stated that she is getting a 6 month CD for the LOST funds. 

The Mayor then noted that, of the Local Option Sales Taxes, 71% is supposed to be refunded to the property taxpayers.  Marie Copeland reported that the Town is averaging $125,000 per month in receipts from LOST.

Old Business:

None

New Business:

Councilman Woolsey moved to amend the agenda to add the appointments to the Grants Committee as requested by Chairman Bob Kline.  The motion was seconded by Councilman Qualey, and the vote was unanimous to add the Grants Committee appointments to the agenda.

Councilman Qualey then moved to add to the agenda the matter of the subdivision in Camp Road Estates.  Councilman Williams seconded, and the vote was unanimous to add the Camp Road Estates subdivision to the agenda.

The first 2 items of New Business have been deferred to an unspecified date.

Mike Socha was asked to make the presentation of the Community Facilities Plan and the Land Use Element, which are the two elements of the Comprehensive Plan the Town must adopt before adopting its own Land Use Ordinance.  A public hearing is required on these with 30 days’ notice, which is planned for October 7; therefore, a first reading can be tonight or at the next meeting on September 16.  Second reading can be on October 7 since it follows the Public Hearing that evening.  Councilman Qualey noted that he preferred to have the first reading this evening.  Mike Socha assured the Council that changes could be made after first reading.  This ordinance will become 2003-17 (until verified by the clerk) entitled an Ordinance Establishing Zoning Regulations, Regulations for the Subdivision of Land and Community Facilities and Land Use Elements of the Town of James Island Comprehensive Plan.  The 3 documents provided Councilmen in the binders will comprise the ordinance.  Councilman Qualey moved

        THAT the Town Council enacts Ordinance 2003-17 (?).

The motion was seconded by Council Wilder.  Councilman Woolsey stated that he could not vote for an ordinance that he had not had an opportunity to read; he felt that to do so would be irresponsible, despite the fact that people he generally respects wrote it.  Councilman Qualey reiterated the fact that the ordinance can be changed after first reading.  He went on to say that he was of the opinion that everyone was aware of what the Town was moving toward and what the changes were to be.  The major component is changing the allowable density of the Low Density Suburban Zoning District from 4 units to 3 and the addition height restriction; he further stated that, although these are pretty simple items in themselves, but they are ones that he believes need to be passed immediately.  Councilman Williams wanted it recorded that he would prefer to delay, but, since changes can be made, he will support first reading tonight.  Mike Socha remarked that enacting will not occur any faster by having first reading tonight or at the next meeting.  Councilman Woolsey then stated that he was unaware that there was to be a height restriction until this evening; he received the Community Facilities and Land Use Elements on Saturday, but he received the Land Use Ordinance upon his arrival tonight.  He feels that the only responsible thing to do is to read the ordinance and then vote on it.  Leonard Blank stated that there was now a height regulation on commercial property, because there was not one previously, which meant that developers could build 60 story building if so desired.  Once the ordinance is enacted, a builder can request an exception from the Board of Zoning Appeals to exceed the regulations. 

Vote was then taken with the following results:  Councilman Qualey – aye, Councilman Wilder – aye, Councilman Williams – aye, Councilman Woolsey – nay and Mayor Clark – aye. 

At this point, Councilman Qualey asked that the added agenda item related to Camp Road Estates come before Council at this time.  He also moved

THAT the Town of James Island appeal the granting of the subdivision in Camp Road Estates by Charleston County with the Town attorney to generate said appeal.

Councilman Wilder seconded the motion.  Mike Socha stated that, as the lawyer for the Planning Commission, he could not draw up the appeal.  He noted that the Town could simply complete an appeal form as the residents had done; should assistance be needed, the staff at the County is available.  Councilman Woolsey asked what the grounds were for the appeal.  Councilman Qualey responded that the subdivision is not in keeping with the Comprehensive Plan, not comporting with the existing homes in the neighborhood.  Councilman Qualey also noted that he believed that the Council was to do as the residents of James Island wanted them to do.  Councilman Qualey stated that he had been confused in that he thought this appeal would go directly to the Circuit Court, not to the Town’s Planning Commission.  He, therefore, re-worded his motion to say that the Town join in as an entity in the appeal process of this subdivision.  Councilman Wilder seconded the amendment.  Mike Socha clarified the motion status by asking if the previous motion was being withdrawn and replaced by the later; Councilman Qualey concurred.  Councilman Woolsey then asked if the subdivision was in keeping with the current zoning of the property; Socha responded by saying that is the question.  Mayor Clark commented that this situation is exactly the type that brought about the formation of the Town.  Councilman Woolsey then noted that the purpose of the appeal is to determine if the subdivision is consistent with the current zoning?  And is it to be consistent with the Comprehensive Plan that the Town has not passed yet or the County’s Comprehensive Plan that the Town has adopted and exists at this time?   The Mayor then questioned that there is something in the Comprehensive Plan about conforming to the existing neighborhood.  With no additional discussion, the vote was taken with the following results:

Councilman Qualey – aye, Councilman Wilder – aye, Councilman Williams – aye, Councilman Woolsey – nay, and Mayor Clark – aye.

The Mayor then asked for a motion to add to the agenda Susan Milliken’s request for funds to provide pillows and stuffed animals to the James Island Branch of the Charleston County Library.  Councilman Qualey made this motion and it was seconded by Councilman Williams.  The vote was unanimous to add the topic to the agenda. 

Councilman Qualey then moved

THAT the Town Council authorizes the expenditure of $150.00 for Susan Milliken to acquire the pillows and stuffed animals for the James Island Branch Library.

Councilman Wilder seconded the motion and the vote was as follows:

Councilman Qualey – aye, Councilman Wilder – aye, Councilman Williams – aye, Councilman Woolsey – nay and Mayor Clark – aye.

Councilman Woolsey moved

        THAT the Town Council appoints Susan Chavis to the Grants Committee.

Councilman Wilder seconded the motion and the vote was unanimous to appoint Ms. Chavis.

Councilman Woolsey moved

        THAT the Town Council appoints Marie Copeland to the Grants Committee.

Councilman Wilder again seconded the motion.  Councilman Woolsey remarked that the Chairman of the Grants Committee had commented that possibly Ms. Copeland could be a voting or non-voting member of the Committee, but he believed that she should be a voting member.  The vote was unanimous to appoint Ms. Copeland.

Citizens’ Comments:

Thomas Trayer asked for clarification of exactly what action the Council was going to take in relation to the subdivision at Camp Road Estates.  He further stated his opinion that the appeal would carry more weight if the Town of James Island were to appeal as opposed to its signing on to the appeal of the residents.   The Mayor responded by saying that her understanding was that the Town agreed to a joint appeal.   Mr. Trayer then asked if the Town was going to do an appeal, and he was told that yes, that had been the vote.  Mike Socha them noted that, once these appeals are delivered to the County, they will be combined into one appeal.  Vincent Langanella joined Mr. Trayer in the discussion.  Councilman Qualey then explained that the appeal will come to the Planning Commission of the Town of James Island, who will make a decision; that decision can then be appealed to the Circuit Court.  Leonard Blank then read from the Comprehensive Plan that “appeals of administration decisions on subdivision related matters may be filed by any officer, board or bureau of the town, or by any person with a substantial interest in the decision of an administrative official.”   

Gene Rice stated his thanks to the Town for their support of the residents of Camp Road Estates.

Thelma Bagley stated that her neighbors had very recently organized and stopped a development in their neighborhood.

Bob Kline voiced strong praise for Leonard Blank and the Planning Commission for the work they do, and have done, for the Town of James Island. 

Mayor Clark took one additional moment to state that Melvin Hughes was home having spent a week in the hospital with pneumonia; Jackie Hughes was one of the volunteers in the beginning of the Town when there was no money.  

When asked, Leonard Blank reported that, once the public notice appears in the paper on October 7, there will be a couple of copies of the Land Use Element, the Community Facilities Plan and the Land Use Ordinance in the Town Hall for residents to read.

A reminder was also given that September 14 is the deadline for filing the appeal for Camp Road Estates.

It was also noted that the Charleston County Finance Committee meets on Thursday, September 4 at 3:30 and that charging James Island for services is again on the agenda.

Councilman Qualey reminded Council that September 16 is to be Family Night and a photographer will be here to take pictures for the pictorial history of the Town.

The motion was then made for adjournment, seconded and unanimously passed.