A regular meeting of the Town of James Island was held on Tuesday, October 16, 2007 at 7:00 p.m. at the James Island Public Service District, 1739 Signal Point Road, James Island, South Carolina.
Present at the meeting were the following: Mary Clark, Mayor, who presided, Council Members: Leonard Blank, Joe Qualey, Bill Wilder and Parris Williams.
Also present were: Bonum (Bo) Wilson, Attorney, Roy DeHaven, Planning Consultant, Charlie Rhodes, Disaster and Emergency Coordinator, MaryJo Thomas-Delaney, Grant Coordinator, and Frances Simmons, Town Clerk.
Councilman Williams gave the invocation and led in the pledge to the flag.
Mayor Clark announced that this meeting was being held in accordance with the Freedom of Information Act, and would be conducted under Roberts Rules of Order.
Mayor’s Comments: I missed my first Council meeting last week. I had car trouble and ended up on the side of the road with no cell phone. Last week I had planned to make comments about Miss Rebecca Wilder. As many of you know, Councilman Wilder lost his mother a couple weeks ago. I don’t know if many of you remember, but when we marched eleven years ago Miss Wilder was right there, and I understand she was there for the first Town. She was a true believer in the Town of James Island. When we marched in front of City Hall in 1997, William (Councilman Wilder’s son) was about four or five years old, Miss Rebecca was in her late 80’s and Cubby was there; all three marched that day - William kept falling over a big poster that was too large for him to carry, but they were all there. I just can’t say enough to explain to you what Miss Rebecca Wilder meant to me. I loved to hear her talk. She talked in that old, soft, Gullah voice, that I loved to hear. I used to bribe her with a pound cake so that I could sit on her porch and listen to her talk while we looked over the marshes of Sol Legare. She was a lovely person that led her family. She was widowed as a young woman with six children; all were educated… this is what she wanted to do. She once told me that she had to fall out of school into the fields, but she still persevered, and her son, Harrison, led her through in getting her GED. She passed away peacefully at the age of 94. I may talk again about Miss Rebecca Wilder because she meant a great deal to me; Councilman Wilder has our sympathy.
I discovered something quite nice this past week; I got a call from the Mayor of Folly Beach asking if I knew that Morris Island was in the Town of James Island … Morris Island is in the Town. We have three historic Civil War entities on James Island: Fort Sumter, Fort Johnson and Morris Island. I anticipate there will be many activities as we come closer to the 150th Anniversary - the State is going to have commemorations and the Town of James Island will be involved in them. Mayor Beck thought that Morris Island was in the City of Folly Beach. They had put in an application and pledged some of their Greenbelt money to help with the purchase of Morris Island. The purchase must be done by the end of the year or it will be lost. The developer that purchased Morris Island for $6 million is selling it back to the Land Trust for $4 million; however, this money has to be raised. I have been working with MaryJo Thomas-Delaney, our Grant Coordinator, and she has worked it out where the Town is involved and will allow Folly Beach to use their Greenbelt funding towards the purchase of Morris Island.
Ms. Delaney reported that she met with Town staff (Mayor Clark, Roy DeHaven, and Frances Simmons) along with Carl Beck, Mayor of Folly Beach, and Slade Gleaton, Director of the Trust for Public Lands today to discuss Folly Beach’s interest in purchasing Morris Island. She said Folly Beach will be using their entire Greenbelt funding towards the purchase. The Town of James Island will require that its planning and zoning ordinances be adhered to because Morris Island is in the Town’s jurisdiction. Mr. DeHaven added that the Town is interested in the preservation and conservation of this cultural resource. The Town will not own an interest in Morris Island or take on any liability or responsibility; Folly Beach will own an interest in Morris Island.
Ms. Delaney said the Trust for Public Lands has put together the acquisition which will be under the control of the Parks and Recreation Commission. The Town’s $1.8 million in Greenbelt funding is not a part of Folly Beach’s share of $218,990. She said one concern that Folly Beach has is that they asked the State Ports Authority to contribute $149,000 towards the purchase of Cummings Point. If they are not able to get this money from the Ports Authority, the Town may be asked to contribute $149,000 from its Greenbelt funds. Councilman Blank asked when the Town would know if it needed to do this; Ms. Delaney said by the end of the year and a separate resolution would be required from the Town. Ms. Delaney said this is a good way to preserve the area and to have it remain in the Town’s limits. Councilman Williams asked if the Town would generate revenue from this venture; Ms. Delaney said there no revenue would be derived for the Town; however, the Town would be in control of the zoning. The Morris Island agreement is between the City of Folly Beach, the Trust for Public Lands and the Parks and Recreation Commission.
Mr. DeHaven then read the following Resolution into the record:
TOWN OF JAMES ISLAND, SC
RESOLUTION NO: 2007-10
IN COUNCIL DULY ASSEMBLED,
WHEREAS, MORRIS ISLAND is being purchased by the Trust for Public Lands (TPL) and;
WHEREAS, the City of Folly Beach has applied for Greenbelt Funding to purchase the property in concert with other protection agencies and has agreed to use up to $218,990 of their funds for the purchase and;
WHEREAS, the Town of James Island is desirous to protect the historic sites on Morris Island including Cummings Point as a critical part of the Lowcountry’s cultural heritage.
NOW, THEREFORE, BE IT RESOLVED:
The Town Council of James Island does not object to the City of Folly Beach application for Half-Cent Sales Tax funding from Charleston County for the purchase and preservation of these sites.
A motion to adopt Resolution #2007-10 was made by Councilman Williams and seconded by Councilman Qualey. Councilman Blank stressed the importance of Morris Island’s preservation and that it is not developed. Mayor Clark called for the vote, the roll was called and votes recorded as follows:
Councilman Blank - Yes Councilman Qualey - Yes
Councilman Wilder - Yes Councilman Williams - Yes
Mayor Clark - Yes
The vote passed 5-0 to adopt Resolution #2007-10 for Morris Island.
Mayor Clark then made comments on Harborview Road: It doesn’t go away, it won’t go away, and they keep changing it! Now it’s being changed from Mikell Drive to the end, they are not going to put lanes there; they are going to leave that alone. They are going to do a part of it, (probably three-quarters or two-thirds)… we need to study this. They’ve also added another change, one that the Town voted down in 2002, a “no left turn” on North shore Drive; that was added at the last minute. I am thinking long and strong about this because these changes do not fit what was described the first time. I am leaning more towards deciding that it does not solve anybody’s problem - and it certainly isn’t solving our traffic concerns. We met with the South Carolina Department of Transportation concerning things that the Town could do – Harborview Road is a County project of Road Wise. We must all look long and strong at this and listen to our constituents. We’ve had more people collect petitions and speak out against this issue than anything I have seen. I read in the paper that the people approved the bike paths on Fort Johnson Road; there were only 40 people at that meeting. I must remind you that the first Town, when it was dissolved, had spiral-bound notebooks of the specs and money was gotten for bike paths from Folly to Fort Johnson Road. This was taken away from the Town in 1997; now they are piece-mealing it back together with sidewalks. We need to be watching these transportation details on James Island because it’s one of the biggest problems that we have.
Public Comments: The following individuals addressed Council:
Robert T. Kline, 661 Fort Sumter Drive: addressed two concerns; overhanging tree limbs (exiting Fort Sumter Drive onto Harborview Road) representing a hazard for motorists. Mr. Kline said he called Charleston County Public Works to report it and was told that the County no longer had jurisdiction. He spoke to the Town Clerk and was told that the matter would be taken care of. He said this is a prelude to a bigger question with a graver concern, that being, he pays County taxes and if the County is not providing services why should he have to pay taxes. If they provide 50% of the services; he should be allowed to pay 50% of the taxes not 100% of it. Mr. Kline made a request to Mayor Clark and Council to have the Town’s Attorney to render an opinion on this matter. Mr. Kline stressed that if the citizens are not receiving services from the County they should not have to pay County taxes.
Second, Mr. Kline commented that he has learned that Harborview Road, from Mikell Drive to Fort Johnson Road, is going to remain a two-lane highway. He commented that an attorney had suggested that Council not take a stand regarding this issue. If the Town took a stand, the City would serve it with an injunction citing that it is causing a hazard to the residents of James Island. Mr. Kline retorted by asking if the City would serve an injunction against the County for allowing a two-lane highway to remain as it is; or would the City go against the plans of Road Wise and serve an injunction on them. Mr. Kline asked that Mayor and Council to take action on this issue by making and passing a motion that Harborview Road from North Shore Drive to Mikell Drive remains a two-lane highway. Mr. Kline said he hopes the decision Council makes will be in the best interest of the residents that live on Harborview Road.
Alan Laughlin, 847 Darwin Street: Agreed with Mr. Kline’s comments that Harborview Road should remain a two-lane highway. Mr. Laughlin asked Council to address an issue regarding the Grand Oak trees on Folly Road (near bridge construction at Ellis Creek). He said the Town has fought long and hard to save grand oak trees on James Island and although the Town has no direct responsibility in this issue, he asked Council to make a statement that the line of Grand Oak trees not be destroyed. Mr. Laughlin also complained about congested traffic in this area; especially during the rush hour. He suggested that the planning committee or Council monitor construction in the area and develop a mandate that work be done during times when it does not impact large volumes of traffic.
George Temple: Thanked Mayor and Council for their public service. He commented about Mrs. Rebecca Wilder; that she was an incredible person, not only because of what she did, but for what she left behind and the influence she had on her family. Mr. Temple expressed his support for the Fort Johnson project: bike paths and walkways.
Van Fleming, 1331 Battalion Drive: Referred to the Planning Commission meeting held on August 30th in Riverland Terrace. He noted that two members of Council were present at that meeting, as well as a packed house of residents from the community. Mr. Fleming stressed that the people made it clear at the meeting that they do not want any property in Riverland Terrace rezoned from residential to commercial or any other zoning. The Planning Commission agreed with the people and denied the developer’s request. He said the developer bought the property zoned as residential and it should remain as they bought it. Mr. Fleming said the people expect Council to uphold their decision and to do what they were elected to do.
Consideration of Minutes: October 2, 2007: A motion to approve the minutes of October 2, 2007 was made by Councilman Wilder, seconded by Councilman Williams and unanimously approved.
Town Counsel Report:
Mr. Wilson requested a brief executive session to discuss a potential contract with the Municipal Association of South Carolina.
Councilman Wilder asked Mr. Wilson the status of the request he made several meetings ago regarding litigation against Charleston County for their discontinuing services to the people in the Town. Mr. Wilson responded that he did look into the matter; however, he did not have a conclusion on it tonight. Councilman Wilder stressed the importance that something be done. He said the Town needs to take action on the matter because the people are not receiving services from the County though they pay taxes; he thought this to be unfair to the people. Councilman Blank recommended that a letter be sent to the County asking them for an accounting of the tax revenues used on James Island; what amount is spent for services in the Town. Mayor Clark concurred with this recommendation and asked Mr. Wilson to find out what other municipalities pay for services. Mr. Wilson will draft a letter to the County to request this information. Councilman Blank added that our residents need to know how their tax dollars are spent; especially since they do not receive services from the County. If the money is used for services, the County should provide those services; and, if not, what is the money being used for; why did the citizens get these services for so many years and now no service. Mr. Wilson will request this information from Charleston County and will report back to Council.
Planning Consultant Report:
Amend Budget: Public Works to Engineering Services: Mr. DeHaven reported that the grading of Arsburn Road is expected to be completed by the end of this week and W. Frazier Construction will begin some of the other road grading projects.
Mr. DeHaven requested that $25,000 be moved from the Public Works budget to Engineering Services. He explained that for any drainage easements that have critical lines near them, the Town may (or may not) on a case-by-case basis be asked to submit a permit request through the Office of Coastal Resource Management (OCRM). The Town was reported as not having licensed contractors working in the critical line areas of the drainage. Mr. Seabrook of E.M. Seabrook and David Barker from W. Frazier met with OCRM and has worked out these issues. A motion to transfer $25,000 from the Public Works budget to Engineering Services budget was made by Councilman Williams, seconded by Councilman Wilder. Mayor Clark called for the vote, the roll was called and votes recorded as follows:
Councilman Blank- Yes Councilman Qualey - Yes Mayor Clark - Yes
Councilman Wilder -Yes Councilman Williams – Yes
The vote passed unanimously (5-0) to approve the transfer of $25,000 from the Public Works budget to the Engineering Services budget.
Five Points Mediation: Mr. DeHaven reported that the mediation for the Five Points development was unsuccessful – the Planning Commission denied their request. Therefore, this matter will come before Council at its November 6th meeting for consideration.
Planning Maps and Layers: Mr. DeHaven reported that he will bring on a staff person to improve and update the Town’s web site. Upgrades by parcels and street addresses, as well as the FEMA flood maps will be added to the website. Copy of schedule for completion and testing attached.
BZA and Planning Commission Training: Three members of the Planning Commission and two members of the BZA have completed continuing education training. All should be completed by December 15th.
Architectural Plans for Town Hall: The architectural plans for the Town Hall came in last week. These plans meet the requirements of the Americans with Disabilities Act. We hope to hold meetings at the Town Hall in December.
Audit Update: Mr. Waring, the Treasurer Consultant has been working with a CPA to complete the audit of the Town’s finances before year end. Once this is completed, Town Council will need to adopt the policies recommended by the auditor.
Business License Update: Mrs. Simmons, the Town Clerk and Tosh have updated the records of more than 600 business license applicants from last year. They have begun mailing the new application form along with the new rate schedule to each applicant. Business license forms can also be down loaded from the web site.
James Island Baptist Church Block Party: The Town has received a road closing request from the James Island Baptist Church for a Halloween event on October 31st. They are requesting that a portion of Plymouth Avenue at Wappoo Road be closed from 5:30 p.m. to 8:30 p.m. Mr. DeHaven recommends approval but this needs to be approved by Town Council. A motion to allow the road closure for the James Island Baptist Church Block Party was made by Councilman Blank, seconded by Councilman Williams. Mayor Clark called for the vote, the roll was called and votes recorded as follows:
Councilman Blank - Yes Councilman Qualey - Yes
Councilman Wilder - Yes Councilman Williams – Yes
Mayor Clark - Yes
The vote passed unanimously (5-0) to approve the road closure for the James Island Baptist Church Block Party on October 31st.
Building Permit Application Form: The new application form is now available on the web site.
Council Workshop: The Mayor, Council and staff will participate in a workshop on Saturday, October 27th from 10:00 a.m. – 12:00 noon at the Town Hall.
Comprehensive Plan Amendments: For the second Council meeting in November, there will be suggested changes for all residential districts to allow only one electric meter per property. The Planning Commission did not approve the Cultural District Overlay and have requested Councilman Williams present this at their next meeting contrasting this with the Geetchee Gullah Cultural District that has been promoted by the Gullah Festival organizers.
A brief discussion was held about road maintenance. Mayor Clark made citizens aware that if they reside on a state maintained road; the SCDOT will clean and maintain their drainage ditches. Mr. DeHaven said the State will be providing a list on which roads they maintain. A meeting was recently held with Mark Nesbit and Robert Clark from the SCDOT. In some instances the Town will continue to work with the State in concert with W. Frazier Construction on encroachment permits, subdivisions, etc. Mayor Clark will have the authority to sign off on encroachment permits. Mr. DeHaven said in the future the DOT’s plan is to return neighborhood streets back to the municipality; this will probably occur in the next several years and the DOT will not longer be in the maintenance of subdivision streets.
Executive Session: Mayor Clark announced that Council would be entering into an executive session in accordance with 30-7-70 (a) and (b) Code of Laws of South Carolina as amended for legal and/or contractual matters.
At the conclusion of the executive session, Mayor Clark stated that no action or votes had been taken while Council was in executive session. Council reconvened to regular session at 7:53 p.m.
Councilman Qualey made a motion to amend the agenda to discuss entering into a contract with the Municipal Association of South Carolina; the motion was seconded by Councilman Blank. There was no objection to the agenda being amended and it was granted.
Councilman Qualey made a motion that Council renew a contract with the Municipal Association of South Carolina – deleting the portion of the contract related to payment being made within 90 days. The motion was seconded by Councilman Blank.
Mayor Clark called for the vote, the roll was called and votes recorded as follows:
Councilman Blank -Yes Councilman Qualey - Yes Mayor Clark - Yes
Councilman Wilder - Yes Councilman Williams – Yes
The vote passed unanimously (5-0) to renew the contract with the Municipal Association of South Carolina; to delete the portion of the agreement relating to payment being made within 90 days.
In other business Councilman Blank asked the Clerk to continue providing a monthly calendar of event to Council.
There being no further business to come before the body, a motion to adjourn was made by Councilman Williams, seconded by Councilman Qualey and carried. The meeting adjourned at 7:56 p.m.