The
minutes of the regular meeting of the Town of Council of the Town of James
Island held Tuesday, January 6, 2004 at 7:05 p.m. at Town Hall, 1246 Camp Road.
The
meeting was called to order by Mayor Mary Clark with Councilmen Joe Qualey, Bill
Wilder, Parris Williams, and Bill Woolsey present, as well as 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 Williams to accept the minutes of the December 16, 2003
meeting as submitted with no corrections, additions or changes; Councilman
Wilder 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:
We have
just completed the Christmas season and would like everyone to remember this, in
January 1996, after the Christmas of 1995, the Town of James Island put away its
Christmas decorations in anticipation for the next Christmas.
As we all know, in November, the Town was closed down; they thought
forever. The Town of Lincolnville
gave back to us a great deal of things they had gotten from the Town.
We’ve left up one piece of decoration for you to see.
This time, we are in the same situation; we have put away our Christmas
decorations, and now we are waiting for a ruling exactly as it was then. This is
not the end of the story… the end of the story will be when we get a favorable
ruling in the near future. All of
the things that they had planned were thrown away; we are taking up where the
first Town left off before. Mayor Clark recognized and welcomed Jackie
Singleton-Brown, a new member of the Public Safety Committee, and James Lee, who
is now the Editor of The Journal.
Citizen’s
Comments:
Sandy
Just received a telephone call today about an editorial in
today’s Post and Courier
about the tree situation in Summerville; she encouraged everyone to read the
editorial. We need to have clear
and concise resolutions that everyone knows about. There is a terrific loss when
you have grand trees that are 34 inches in size cut simply because the property
owner is not aware of ordinances or it reads unclearly. There has been a
terrific loss to the environment; these things are important. Thank you to Mayor and Council for being thoughtful to the
environment. She believes everyone
should consider the land on which a building is to be placed, not to clear trees
in order to build.
Mayor
Clark spoke about
information she received from OCRM about Wal-Mart’s proposal to build a Super
Wal-Mart whose construction would destroy ¾ acre of wildlife refuge in the City
of Charleston. Councilman Qualey stated that this should be monitored through
the City of Charleston Planning & Zoning. The deadline for OCRM to receive
written comments is 12:00 noon on January 20th.
A motion will be made to add this item to the agenda for discussion under
New Business.
Tommy
Brooks- asked
Council to reconsider the current regulations written for infill of existing
neighborhoods. He was denied a subdivision of a lot under the present infill
policy. He said he understands the need for control of density but feels the way
the law is written is unfair. Plats were presented for Council’s information
and review. He stated that, by
using the 500’ representation of the neighborhood, it appears to have bigger
lots that the 11,000 square feet that he is proposing after the subdivision of
his 22,000 square foot lot. He did
not think that you could take 500 feet around a piece of property and have a
good overall characteristic view of the neighborhood. Mr. Brooks said he
surveyed the area and pointed out that there are over 100 lots that are ¼ acre
and 60 that are larger; quite a few of the larger lots are undeveloped land.
He said the law should be looked at and regulations reviewed to determine
if the 500 foot ruling is a good and accurate way to determine if a lot could be
subdivided or other criteria that could be added whereby the Council could vote
on an individual basis. Councilman Qualey stated that he saw the property and
thought it would be more valuable in its present state rather than being
subdivided. He reiterated the goals
of the Planning Commission and the Town as it relate to density and in
maintaining with the character of neighborhoods.
He acknowledged Mr. Brooks efforts in renovating an old home and making
it presentable; however, incremental changes turn into the destruction of a
neighborhood. Mayor Clark asked
when was the lot was purchased to which Mr. Brooks responded approximately 6
months ago. Leonard Blank stated that if the infill policy was to be thrown out,
the question of subdividing this lot would revert back to the ordinance of 3
units per acre and Mr. Brooks still would not qualify. Councilman Woolsey stated
that he opposed the change to 1/3 acre for James Island because there are parts
of James Island that are developed in ¼ acre lots. He felt this is clear
injustice and that some modifications should be made to the ordinance; this is a
case where infill does not work.
Committee
Reports:
Election
Commission:
The
Election Commission members were introduced and sworn into office by Mayor
Clark. Election Commission Members are: Alan
Laughlin, Susan Milliken, and Rose O’Neal.
Election
Commission Report: Alan
Laughlin reported that timing is of the essence for this year’s election.
He referred to Ordinance# 2003-18
which states that “general elections for the office of Mayor and Council shall
be held on the first Tuesday after the first Monday in May in even numbered
years.” This means that the
Town’s election must be May 4, 2004, rather than the June 22 date previously
approved by Council, which would have left the seats of Mayor and Council vacant
for three days; in the event a run-off those seats would have been empty for
much longer. Candidates will be able to file from February 5 to March 5. The
Voters Rights Act of 1965 states that elections in the State of South Carolina
must be approved by the Justice Department of the United States. Ordinance# 2003-18 has been sent to the Justice Department. A runoff
election, if necessary, will be held two weeks later, on May 18.
Grants
Committee:
Mr. Kline thanked the Grants Committee for the privilege of working with
them. He felt the committee had gone as far as it could in getting the Town in a
position to administer grants; the consensus from the members of the Grants
Committee is to dissolve it. He
asked that Mayor and Council put forth a motion tonight to dissolve the
committee. Mr. Kline added that, if
any services were needed in the future from this committee or an individual
member they would be willing to provide it.
Barbara Gray thanked Mr. Kline for his efforts in keeping the members of
the committee on track.
Planning
Commission: Mr.
Blank reported that the following requests will heard before the Commission on
January 14: (1) zoning on a parcel
of land on Old Folly Road; Mr. Backman, the owner, would like to change the
zoning from RR1 to Community Commercial. (This zoning was deferred last time
because a quorum was not present). (2) Rezoning
at 1236 Folly Road, from RSL to Office Residential; (3) subdivision request on
Sol Legare Road, 3.1 acres to be subdivided into 8 lots. Interested persons are
encouraged to attend the hearing on January 20th.
Ways
and Means:
Mike Socha reported that a Resolution#
2004-04 was approved to give the Planning and Zoning Committee $750.00 from
the Reserve Fund to prepare and mail an informational letter about its
activities. The Franchise Agreement
with the County was postponed to the January 20th meeting.
The Committee authorized the Election Commission to hire the law firm of
Kernodle, Taylor and Root as its legal counsel and a Resolution was approved to
provide $20,000 the Grants Committee from the Reserve Fund.
Treasurer’s
Report:
Attached. Marie Copeland
added that she will be transferring $75,000.00 from the Operating Account to the
Money Market Account to avoid maintaining an excess of $100,000.00 in the
Operating Account. Councilman Woolsey asked that future reports segregate the
Town’s operating funds from the Local Option Sales Tax Receipts.
OLD
BUSINESS:
Land
Use & Subdivision Regulations to add Article 9.11.4 – Political Signs
Ordinance:
Councilman Woolsey made a motion to adopt Ordinance 2003-21, upon first reading, seconded by Councilman Wilder.
Mike Socha noted that there have been questions about enforcement the
first time this item was brought before Council. In the Land Use Ordinance, all signs, including political
signs, are enforced under the Planning Director or Charleston County. Mayor
Clark asked that, if we cannot enforce this ordinance or have jurisdiction over
land on James Island that is in the City or on the State’s right-of-ways, are
we beating ourselves to pass this ordinance? Councilman Woolsey commented that
it is enforceable and that it only applies to the Town’s right-of-ways.
Vote:
Councilman Qualey-aye; Councilman Wilder-aye; Councilman Williams-aye;
Councilman Woolsey-aye; Mayor Clark-aye.
Ordinance#
2003-28 Franchise
Agreement with Charleston County: postponed to the January 20, 2004 meeting.
Resolution#
2004-04 Planning
& Zoning Committee Mailing Resolution: Councilman Qualey made a motion
to approve Resolution #2004-04
seconded by Councilman Williams. Vote:
Councilman Qualey-aye; Councilman Wilder-aye; Councilman Williams-aye;
Councilman Woolsey-no; Mayor Clark-aye.
NEW
BUSINESS:
Swearing
in of Election Commission Members:
Election Commission members were sworn in under Committee portion of the
meeting.
Resolution
Authorizing Process for Conducting June ’04 Election:
Mr. Laughlin reported that a resolution will be prepared for the next Town
Council.
Resolution#
2004-01 -Authorization for Election Commission to Hire Legal Counsel: Councilman Woolsey made a motion for the adoption of Resolution#
2004-01, seconded by Councilman Williams and approved unanimously.
Councilman
Woolsey asked that the agenda be amended to consider dissolving the Grants
Committee.
Councilman
Qualey made a motion to dissolve the Grants Committee, seconded by Councilman
Wilder. Councilman Woolsey felt
that the Committee should not be dissolved, but deactivated at this time.
He suggested that Council take a week to think about a process that will
accomplish this in the event the Committee is needed at some time in the future.
Mayor Clark suggested that the committee remain a Standing Committee rather than
being dissolved. Barbara Gray suggested that the Grants Committee’s Mission
Statement be redefined if the Committee is going to remain, perhaps it could be
on a consultant basis. A motion to postpone the dissolution of the Grants
Committee was then voted on and unanimously approved.
Councilman
Woolsey asked for and was granted an amendment to the agenda to add Resolution
2004-02. Councilman Qualey made a motion to allocate $20,000 for the purpose
of retaining the services of grant writers; funds to be transferred from the
Town’s Reserve Funds; the motion was seconded by Councilman Williams.
Councilman Woolsey moved to amend the resolution to have funds taken from
the Roads and Traffic Committee; this motion failed for lack of a second.
Councilman Woolsey proposed an amendment that the amount of funds be reduced
from $20,000 to $10,000; this motion failed for lack of a second. Vote
to fund the Grant Program: Councilman Qualey-aye; Councilman Wilder-aye;
Councilman Williams-aye; Councilman Woolsey-no; Mayor Clark-aye.
Councilman
Qualey asked for and was granted an amendment to the agenda for discussion of
filling-in the wetlands at Wal-Mart. He
then made a motion that the Town takes a position to contest the permit
application to fill-in some of the wetlands around the Wal-Mart Store; the
motion was seconded by Councilman Wilder. Councilman Qualey presented as
information that Wal-Mart is trying to encroach into the wetlands that were set
aside under the development plan; it is
his understanding that there will be major expansion to turn the present
Wal-Mart to Super Wal-Mart, which will require a large portion for parking. Mr.
Qualey added that he does not want to see a larger Wal-Mart or wetlands that
have been preserved under an agreement to be filled-in.
Councilman Wilder asked what can be done; Mr. Socha replied that, since
the property is not in the Town, a resolution or letters expressing opposition
could be sent. Councilman Woolsey stated that Council should keep in mind the
interests of possible employees or shoppers who may want a Super Wal-Mart.
Mayor Clark agreed that a letter should be sent so that a public hearing
can be held; Mayor Clark will prepare and send out a letter. Vote:
Councilman Qualey-aye; Councilman Wilder-aye; Councilman Williams-aye;
Councilman Woolsey-no; Mayor Clark-aye.
Councilman
Qualey asked for and was granted an amendment to the agenda to announce the date
and time of the Planning and Zoning Committee meeting; the purpose of the
meeting is to solicit input on the hiring of an Enforcement Office to assist the
Planning and Zoning Commission and the Board of Zoning Appeals. This meeting
will be held on January 15th at 5:30 p.m. Councilman Woolsey said he
thought this Committee would be discussing the consideration of taking over the
planning functions that Charleston County currently provides.
Councilman Qualey agreed and this item will be placed on his agenda for
discussion as well.
Councilman
Williams asked if there was any new information on the Grimball tract.
He has noticed that work is being done and that an area of the land is
fenced off with no trespassing signs posted.
Mayor Clark said she spoke with Bob George who was unaware of any new
development plan at the Grimball Farm. Councilman Qualey said he will check into
this.
Citizen’s
Comments:
Scott
Stengel- 246
Louise P. Gardner Street: Stated
that the area behind Wal-Mart is probably one of the last remaining tracts on
the island that has a wide variety of wildlife and botany; no trespassing signs
are now posted. His feeling is, if the wetlands are destroyed, we will lose a
precious treasure. Mr. Stengel is willing to speak against this development at a
public hearing.
Mayor
Clark complimented
James Lee on his promotion to Editor of the Journal and for doing a good job in
reporting for the Town. She also thanked the Grants Committee for their
diligence and for doing an outstanding job.
There
being no further business to come before the Council, a motion to adjourn was
made by Councilman Wilder, seconded by Councilman Woolsey and unanimously
approved.