Bill allowing third bid to incorporate becomes law
James Island resident Helen Langworthy turned two thumbs up Wednesday when she heard that the last legislative hurdle had been lifted, freeing James Island to once again form a town.
"If we incorporate, we will have more control over regulating what's happening in the town," the real estate agent said before turning her ire on Charleston Mayor Joe Riley. "He's only interested in tax money. He's not interested in beautification of our town like we are."
Gov. Mark Sanford late Tuesday allowed a Statehouse bill giving James Islanders a third bid at incorporation to become law without his signature.
It takes effect July 1. Town veterans said they'll begin assembling petitions immediately.
Former Mayor Mary Clark said she will run again, adding that supporters are much more eager to incorporate this time given Riley's fight to stop North Charleston from annexing across the Ashley River into the Watson Hill tract.
"He has a plan for everybody," she said, "not just the city of Charleston."
Until this week, state law said municipalities couldn't form new towns within five miles of existing ones.The bill sent to Sanford and authored by Sen. Glenn McConnell, R-Charleston, waives the five-mile rule for new towns with at least 7,000 residents.
It also allows unconnected properties to be part of the same town if they are separated only by certain public lands or waters.
The latter provision is tailor-made for James Island, where wetlands and annexations by Charleston have divided the island's unincorporated areas.
That's one of the points Riley said the city will pursue in a suit challenging the law's constitutionality if an incorporation bid moves ahead.
"The legislation is an effort to deal with a specific situation, which you cannot do in South Carolina constitutionally," Riley said Wednesday after news of the change in state law began to filter across James Island.
The last town of James Island was dissolved in January following a state Supreme Court ruling that essentially killed its earlier attempt to form. The town's offices in a Camp Road strip mall are now a pizza parlor.
The town's first demise occurred in 1996 when the courts ruled the town illegally crossed marshes and waterways in the city of Charleston.
In his message about the bill, Sanford said he doesn't oppose James Island's right to self-determination but opposed other parts of the legislation that created a Joint Legislative Committee on Municipal Incorporation. He called it unnecessary and duplicative.
Incorporation advocates didn't care about Sanford's reasoning but said they would begin pursuing the mandatory signatures of at least 15 percent of the prospective town's eligible voters for submission to the secretary of state's office. Before the town of James Island was dissolved it had about 11,000 on its voting rolls, officials said.
An unscientific survey of James Island residents showed getting those signatures would be no problem. Several Folly Road shoppers surveyed at random all favored going ahead with incorporation while no one voiced opposition.
"James Island has special needs, and it needs to be controlled locally," said teacher Angela Naylor, who grew up on the island. "The greater influence should come from the people who live in the area."
Toby Horn lives on James Island but within the boundaries of Charleston.
He said people who live outside of Charleston should be able to unite under a new government if they want to without city interference.
"I think these are people who are pursuing the right of their own independence," he said.
Sharon Shaw, who also grew up on James Island, said the issue is that the island has grown so much that it has its own identity and unique problems.
"We have everything here that smaller towns have," she said, "so why can't we be a town?"
Schuyler Kropf covers courts and legal issues. Contact him at skropf@postandcourier.com or 937-5551.
INCORPORATING JAMES ISLAND
CITY OF CHARLESTON VIEW
1) EXISTING BOUNDARIES ARE UNWIELDY; NEW TOWN WOULD BE A PATCHWORK.
2) CITY RESIDENTS GET DISCOUNTS ON EVERYTHING FROM RECREATION TO WATER BILLS, AND ARGUABLY LOWER PROPERTY TAXES.
3) CHARLESTON IS WILLING TO ACCEPT NEW RESIDENTS AND PROVIDE SERVICES, INCLUDING POLICE AND FIRE PROTECTION.
JAMES ISLAND TOWN VIEW
1) JAMES ISLAND WOULD HAVE MORE LOCAL CONTROL OVER ZONING.
2) TOWN WOULD GIVE RESIDENTS MORE LOCAL GOVERNMENT REPRESENTATION THAN IT GETS ON CHARLESTON CITY COUNCIL.
3) TOWN OF JAMES ISLAND WOULD RECEIVE MONEY FROM THE LOCAL OPTION SALES TAX.
Copyright © 2005, The Post and Courier, All Rights Reserved