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

The meeting was called to order by Mayor Clark with Councilmen Joe Qualey,  Parris Williams and Bill Woolsey present, as well as Town Attorney Mike Socha  and Clerk-Treasurer Marie Copeland.  There was a quorum present to conduct business.

Councilman Parris Williams gave the invocation, which was followed by the Pledge of Allegiance to the Flag.

A motion was made by Councilman Woolsey to accept the minutes of the November 18, 2003 meeting as submitted with no corrections, additions or changes; Councilman Williams seconded the motion which was unanimously approved.

Mayor Clark announced that the meeting was being held following Robert’s Rules of Order and in compliance with the Freedom of Information Act.

Mayor’s Comments:

Mayor Clark attended a reception at James Island Elementary School to meet Dr. Maria Goodloe, Charleston County School Superintendent. There is much excitement about the History and Preservation Committee.  Mayor Clark asked everyone to take some time and review the photographs on display; Dr. Moore, a resident of the Town took three scrapbooks of pictures in 1929 and 1930. It is quite interesting to see how the island looked during this time.  Mention was made of a particular photo on display of three little boys on Stonepost Road with a goat. Special thanks to the Historical Society and John Waring for making these priceless photographs available to the Town.

A map for bike trails has been prepared for the Grants Committee. The entire area of Harbor View Road, from the bridge to Fort Johnson Road, has bike paths that are overgrown and need to be maintained. We have files from the previous Town that will be provided to the Grants Committee for their review; some minor adjustments in cost or change in verbiage may be needed.  Mayor Clark will be attending the Hunley Ghost Walk at Magnolia Cemetery on December 6^th; the last time, she went to the Cemetery she was lost for three hours-this time she will be taking a guided tour. The Hunley Ghost Walk is scheduled for Saturday, December 6^th from 5-10 p.m., 30 minute tours;   tickets can be purchased at Lash Laboratories or CSA Galleries for $15.00.  The Town will not have a tree lighting ceremony for Christmas this year; we will host an event for children to take pictures with Santa on Saturday, December 20^th from 1-3 p.m. in the parking lot of Town Hall. A commemorative event will be held on Sunday, December 7^th in honor of the 62^nd Anniversary of the Pearl Harbor bombing.  The Military Museum will host events starting 1:00 p.m. eastern standard time, the actual time that Pearl Harbor was bombed. Everyone is invited to attend.

Citizen’s Comments:

Mayor Clark reported that this portion of the meeting is a courtesy that government gives to citizens allowing them to share their concerns. It is not a question and answer session nor is it a time for Council to continue debating something that has already happened. Two sessions are designated for citizens to express their concerns. Citizens may address Council, the agenda or other concerns; however, there will be no response to questions asked. The appropriate committee will follow-up on issues presented at their committee meetings.

Mayor Clark welcomed the students present at tonight’s meeting.  We have had a good turnout of students attending Council and various committee meetings.  Mayor Clark encouraged them to become involved in local government.

Committee Reports:

Grants:  Robert Kline reported that the Grants Committee hasn’t met since the last Town Council meeting; he will schedule a meeting for Monday, December 8th. There has been a lot of information coming from the Committee, most dealing with the prospects for hiring a person to serve in the capacity of Grant Writer/Administrator. The committee will develop a resolution, put together a job description for the position and make its recommendation to Council possibly at the next meeting. 

Mr. Kline also reported that information had been submitted to Council a mission/vision statement from the Town of Hollywood.  He urged Mayor Clark and Town Council to give serious consideration about developing a mission or vision statement for the Town of James Island outlining its goals and objectives. This will become an important part of what the Town does in the future.

Ways and Means: Mike Socha reported that in the Ways and Means Committee meeting it was resolved to take $3,000.00 from the reserve to apply to the Grants Committee Budget for the purpose of a Needs Assessment.  The possibility of increasing the Roads Budget for additional speed humps was also discussed, but a decision was postponed.

Treasurer’s Report: Attached.  Ms. Copeland, Clerk-Treasurer, reported that she has opened a money market account; $100,000 will be maintained in the operating account and we will have a money market account with all excess monies in it. The money is available at all times should the Town need a large sum of money; however, at the same time, the money will be earning interest for the Town. In addition, Ms. Copeland pointed out that on the Treasurer’s report was a breakout of the local option sales tax; how much the Town has received and how much is in the operating account. 

Old Business:

FEMA Flood Maps:  Mr. Socha was asked to research the appeal process of FEMA’s flood insurance zoning maps. He stated that the Town or an individual may appeal if it wishes to do so. The practical effects of the emergency maps are the basis that insurance companies use to determine rates for flood insurance on homes or businesses; they use a flood elevation study to examine, evaluate and determine flood hazards in the area. The Federal Government is required to hold public hearings and to provide notices by advertising in the local newspapers; a second notice is required after the governing body is given an opportunity to make their comments to FEMA.  A 90-day appeal period is conducted after the running of the second notice.  If the Town wants to appeal, it must have its information completed by mid-January in order to get started.  FEMA administrators decide whether the request has merit by looking at it both technically and scientifically. Information must be obtained from a licensed surveyor or engineer stating that the methods used to determine the base flood elevation were wrong from a measurement perspective or hydraulic standpoint or there was a better method for determining the base elevation.  Mr. Socha reviewed the areas that FEMA will look in making its determination. Unfavorable decisions may be filed in the United States District Court for South Carolina.  Mr. Socha added that the appeal process is very specific; you must have expert testimony and evidence when making an appeal.

Comprehensive Plan Amendments Recommendation:  Mr. Blank reported that the Planning Commission met on November 25^th to go over an extensive list that the Charleston County Planning staff had provided regarding the Town’s new ordinances. There were a number of items the County felt were difficult for the staff to implement. Mr. Blank said, when the ordinances were adopted, the Commission knew changes would need to be made. The Planning Commission voted unanimously to recommend to Town Council that the Land Use Element of the Comprehensive Plan, adopted by Ordinance 2003-19 on October 7, 2003 be amended according to the recommended changes.  Copy attached.

The Planning Commission also voted unanimously to recommend to Town Council changes regarding the Zoning and Land Use Regulations.  A copy of recommended changes is attached.  Additionally, Mr. Blank reported that the Planning Commission voted to change the grand tree size from 12 inches to 18 inches.  Mr. Socha reported that, in order to change the Zoning Ordinance, a public hearing will need to be held in addition to the two readings; the public hearing requires 30 days notice.  If Council is agreeable to the recommendations, he will prepare an ordinance and have it ready for first reading at the next Council meeting; a public hearing can then be scheduled.  Councilman Williams made a motion to accept the recommended changes from the Planning Commission; the motion was seconded by Councilman Qualey. Councilman Woolsey expressed opposition to #3 in the Zoning and Land Use Regulation change, stating that at some time in the future, we need to revisit this section in the ordinance to change it. He then referred to a memorandum that was sent to members of Town Council and the Planning Commission about the kinds of changes he felt were appropriate - whether to keep it or not to change it.  With no further discussion, Mayor Clark called for the vote for Mr. Socha to prepare an ordinance reflecting the Planning Commission’s recommendations. Vote:  Councilman Qualey – aye; Councilman Williams –aye; Councilman Woolsey – no; Mayor Clark-aye. 

New Business:

Ordinance #2003-21-An Ordinance Amending the Town of James Island Land Use & Subdivision Regulations to add Article 9.11.4 “Political Signs”:  Councilman Woolsey made a motion to adopt Ordinance 2003-21, the motion was seconded by Councilman Williams.  Councilman Woolsey asked if it was clear in the ordinance that individuals may put political signs on their private property without regard to the deadlines.  Mr. Socha offered several suggestions; we can state that political signs may be erected in the right-of-way no earlier than 60 days before or add #9 and state that these restrictions do not apply to political signs placed on private property.  Councilman Woolsey was in agreement with adding a number 9 to the section. Councilman Woolsey then made a motion to amend the Ordinance to add number 9 under article 9.11.4 to use the verbiage that “these restrictions do not apply to political signs placed on private property”, the motion was seconded by Councilman Qualey.  Vote:  Councilman Qualey-aye; Councilman Williams-no; Councilman Woolsey-aye; Mayor Clark-aye.  Mayor Clark stated that very little is going to be affected by this because a great many roads are state rights-of-way and the City of Charleston claims almost everything else.  What prompted this was the City of Charleston removing signs from in front of Town Hall; Camp Road is considered a state road, does the City have the authority to remove signs from State Roads? Councilman Qualey pointed out areas in the Ordinance which needed to be corrected; Mr. Socha will make the corrections. Councilman Qualey stressed the importance of having a fine in place for violations of political signs still up in excess of ten days.  Mr. Socha noted that code violations are generally fined up to $500; this can be added to the Ordinance.

Discussion was held about persons removing signs from someone’s private property.  Mr. Socha responded that the Town does not have a Code Enforcement Officer and violations and fines were not included in the Ordinance because the Town does not have enforcement mechanisms in place.

After discussion, Councilman Woolsey made a motion to postpone further consideration on Ordinance #2003-21 until the next Town Council meeting, the motion was seconded by Councilman Qualey.  Vote:  Councilman Qualey-aye; Councilman Williams-aye; Councilman Woolsey-aye; Mayor Clark-aye.

Citizen’s Comments:

Sandy Just, 1106 Bradford Avenue –disappointed about the tree size change.  She felt it was an excellent way to help curb development.  If there are so many trees of a certain size, you cannot go in with a bulldozer and raid the property.  She expressed that it was totally wrong to do and, if you have to be careful about the trees, then you are not going to do that; you are going to have to be much more careful about how you are developing the property, be wiser and more far-seen. She is deeply disappointed about the tree size change. Frankly, she does not care if it causes the County problems, this is not our problem.  Our concerns have only to do with the island and its beauty.

Councilman Qualey commented that the Planning Commission has been very sensitive to the overdevelopment of James Island.  The County’s Ordinance for tree size was 24 inches; we took it to 12 inches. Systematically we have taken about 25% of what the County has allowed away; units per acre were changed from 4 to 3; offering a 25% reduction. We can’t limit people’s ability to build homes. We have set the stage for conservative development in terms of multi-family and single family buy changing the tree size. Councilman Qualey complimented the Planning Commission for doing a great job.

Mayor Clark, reminded everyone that the History and Preservation Committee will meet on December 9^th at 7:00 p.m., Doug Bostick will be the guest speaker.  Mr. Bostick has been published numerous times in the Journal and knows the history of James very well. Mayor Clark commented that so much has been learned from the members’ input. Those who are available are encouraged to attend to learn about the history of the island.

There being no additional business to come before the Council, a motion to adjourn was made by Councilman Qualey, seconded by Councilman Williams and unanimously approved.