The James Island Public Service District held its first regular meeting of 2019. The meeting was eventful.
The Commission voted 6 to 1 in favor of a resolution in support for House Bill 3661 on contiguity. This bill, filed by Representative Peter McCoy, creates an opportunity for residents in the unincorporated portion of James Island to annex to the Town. The sole vote in opposition was Chair Sandi Engelman. In discussion, she expressed a strong interest in legislation that would make it easier for her to leave the Town of James Island. I think there is now a better chance that the Senator representing much of James Island, Sandy Senn, will be open to filing a companion bill in the Senate.
Chair Engelman agreed to place Commissioner Marilyn Clifford on the Administrative Committee and switched Commissioner Kathy Woolsey and Commissioner Meredith Poston so that Woolsey will chair wastewater and Poston will chair solid waste.
The Commission voted 6 to 1 to appoint Michael Timbes as acting General Attorney for the JIPSD. I believe that by this action the Commission has replaced Trent Kernodle who had been appointed by the District Administrator. as General Attorney. The sole dissenting vote was cast by the Chair, Sandi Engelman. While many Commissioners had thought that Trent Kernodle's service to the District had been limited to completing a letter to the City of Charleston, soon after, Chair Engleman had tasked Kernodle with investigating possible secret meetings by the other Commissioners.
The Commission voted 6 to 1 to retain the Pope Flynn law firm to jointly represent the JIPSD and the Town regarding the proposed Memorandum of Agreement and Cost Sharing Plan. The sole vote in opposition was the Chair, Sandi Engelman.
The Commission voted 6 to 1 to approve the Memorandum of Agreement with the Town regarding a cost sharing plan and tax credits. In discussion, the Chair stated that the MOU involved the Town taking control of the JIPSD's provision of services. Other Commissioners stated that this was false. Engelman also said that the Town was proposing to provide tax credits using the taxpayers own money. She then cast the sole dissenting vote.
The Commission voted unanimously to have the O'Shea Law firm continue to do easement work and to also continue with the same labor and parliamentary attorneys.
The Commission voted 6 to 1 to change the rules so that Commission officers are elected by the calendar year rather than the fiscal year. The Administrative Committee had agreed to recommend that the current Chair be allowed to serve out her term until June of 2019, but this recommendation had not been properly included in the minutes. Commissioner Kathy Woolsey proposed that any such proposal be considered by a separate vote. Chair Engelman stated that she had contacted the Ethics Commission which said she could only be removed for moral turpitude. Commissioner Woolsey asked for evidence for that claim and stated that the Attorney General's Office had shared an opinion that the Commission could change the dates at which its officer's were selected even if that shortened officers' terms. According to the Attorney General's office, the terms of office are created by the Commission and they can change it as they think best. After an effort to vote on whether to consider "grandfathering in" Sandi Engelman so that she would remain Chair, the end result was that the Commission voted to change the election of officers by calendar year without any proviso. It passed 6 to 1 with Chair Engelman the sole vote against.
Chair Engleman left the meeting. Vice Chair Kathy Woolsey took over.
The Commission elected new officers for terms running from January 2019 to January 2020. Commissioner Alan Lauglin is the new Chair of the JIPSD Commission. Commissioner Kathy Woolsey is the Vice Chair. Commissioner Meredith Poston is the Secretary. All votes were unanimous.
Vice Chair Kathy Woolsey turned the meeting over to the new Chair, Alan Laughlin.
There was a brief discussion of the failure of the City of Charleston to make payments to the JIPSD for the last six months. Vice Chair Woolsey, who had been appointed liaison to the City of Charleston stated that she would seek an appointment with the Mayor of Charleston in order to meet with him along with District Chief Financial Officer Susan Gladden.
Monday, January 28, 2019
JIPSD Commission to Consider MOU With Town
The Town has asked to James Island Public Service District (JIPSD) to sign an Memorandum of Understanding (MOU) regarding property tax credits. The proposed MOU is on the agenda for the JIPSD Commission meeting tonight.
The proposed MOU is not a binding agreement but rather a road map for further negotiation. There are many details that need to be worked out. When a final agreement is complete, then it will return to both Town Council and the JIPSD Commission for final approval. The purpose of the MOU is to show that both Town Council and the JIPSD Commissioner support the concept and want to move forward.
The MOU outlines the proposal. The Town would directly pay the JIPSD for some of the cost of providing fire protection and solid waste collection services in the Town and the JIPSD would consent to allow the Town to place a credit on the JIPSD line on the property tax bills going to residents of the Town.
Neither the Town nor the JIPSD prepare their own property tax bills. Instead, both participate in what many call the "County tax bill." These are the Charleston County consolidated property tax bills prepared by the Charleston County Auditor. If you look at you tax bill, you will see a list of government agencies that collect property tax in your area. For Town residents, in District 308, this includes both the Town and the JIPSD. The Town charges 20 mils but the amount paid is zero because of the Town's LOST credit. The JIPSD charges 64.4 mils, and there is no credit. How much you pay the JIPSD depends on the assessed value of your property.
If the Town and JIPSD agree to the cost sharing plan, then an additional Town credit would reduce the amount on the JIPSD line and so the total amount each Town taxpayer must pay the County Treasurer. As a result of the Town credits, the County Treasurer would be collecting less from Town taxpayers on behalf of the JIPSD, so the JIPSD would receive less from the County Treasurer. However, the amount the Town pays the JIPSD for services would be exactly equal to the reduction in the amount of taxes they receive from the County Treasurer, so the JIPSD would receive the same revenue in total from its provision of services in the Town. It would receive less from the property taxpayers in the Town and more from the Town itself.
In effect, the Town would be paying some of the cost of providing JIPSD services on behalf of its residents rather than them having to pay the JIPSD entirely by property tax. The people in the Town will pay for JIPSD services partly by property tax and partly through their Town government.
I plan to ask Town Council to spend $1 million next year for this program. This would reduce what a homeowner in the Town must pay the JIPSD by approximately 30% which will more than roll back last year's 13% property tax increase.
Is this arrangement legal? It was developed by the Pope Flynn law firm and they argue that it is legal. I agree.
Most importantly, the South Carolina Constitution authorizes local governments to share the cost of providing services. The South Carolina Code allows for the same. Payments are made by one government to another all the time. The City of Charleston and the City of Folly Beach both pay the JIPSD for fire service. The Town pays the City of Charleston so that Town residents pay the same cost as City residents for youth recreation and tennis. The Town pays the Charleston County Sheriff's Office to rent the patrol cars used by the Island Sheriff's Patrol (we pay the deputies directly.) The Town pays Charleston County Public Works for repairs to drainage pipes. The Town of James Island pays a monthly sewer bill to the JIPSD.
What about tax credits? The South Carolina Constitution has a provision that it should be liberally interpreted to grant to local government all powers not denied and fairly implied. Nothing forbids municipalities from providing property tax credits against the taxes due to a special purpose district operating in its area of jurisdiction and it is a reasonable method of sharing costs for the provision of services, something specifically allowed. I believe that the Town and the JIPSD have every right to agree that the Town may provide credits against the JIPSD property tax as a method of sharing cost. Unless the South Carolina legislature specifically forbids this plan, we may carry it out.
The South Carolina Supreme Court has ruled that property tax credits do not violate provisions of the South Carolina Constitution regarding uniformity of taxation. According to Pope Flynn, it would be legally difficult for the JIPSD to provide a lower property tax millage in the jurisdiction of the Town while keeping its millage in the unincorporated area the same, even if the Town made up the difference by direct payments to the JIPSD. But in Westinghouse vs. Charleston County, the South Carolina Supreme Court has said that tax credits do not violate that provision even if the way they impact the amount of tax paid is not uniform. That involved a business challenging the local option sales tax because the benefits are concentrated on homeowners. The tax credits the Town proposes will be provided to property owners in the Town and not property owners in the unincorporated area. The JIPSD millage will remain uniform, but the amount of property tax paid directly to the JIPSD net of the credit will not. However, the total share of the cost paid by the Town by both its taxpayers and the Town itself and the amount paid by residents of the unincorporated area will remain unchanged. Those shares will depend on the assessed value of the property in each area.
The Town is not required to provide tax credits against property outside its jurisdiction. We don't have to provide credits to people who live in the City of Charleston, Folly Beach, the unincorporated area of Charleston County, or, for that matter, people who live in Greenville. It is normal for a Town program to especially benefit Town residents. In particular, the Town is not obligated to use its revenues to provide credits to the residents of the unincorporated area of James Island, even though they receive services from the same special purpose district.
What about the JIPSD? The plan does not require the JIPSD to spend any funds or direct other resources to especially benefit Town residents. They are solely consenting to allow the Town to provide a credit on their property tax line, with no loss in total revenue. There will be absolutely no negative impact on the District or anyone receiving services from the District whether they live in the Town or the unincorporated area of James Island or even the City of Charleston or Folly Beach.
The Town of James Island pays the Charleston County Sheriff's Office to rent patrol cars for the Island Sheriff's Patrol. The Sheriff's Office has not refused to accept the Town's money because it benefits only residents of the Town of James Island and not the residents of the unincorporated portion of James Island or any other part of unincorporated Charleston County or the Town of Ravenel or the City of Charleston. The Sheriff's office, of course, is funded by Charleston County, substantially by property tax and provides primary law enforcement in the Town of James Island, the unincorporated areas of the County, and many of the smaller municipalities, including Ravenel.
Did you know that the City of Charleston provides larger property tax credits for residents of James Island than Daniel Island? Why? Because James Island is in Charleston County and Daniel Island is in Berkeley County. Those two counties provide different amounts of funding for property tax credits. The Town of Summerville provides no credit for most of its residents, but it does provide a credit for those who live in Charleston County. Why? Because most of Summerville is in Dorchester County, which provides no property tax credits. The City of North Charleston provides property tax credits to most of its residents who live in Charleston County but none to those in Dorchester County. Again, it is because Dorchester County does not provide property tax credits.
Similarly, the Town of James Island is willing to fund property tax credits in its jurisdiction. There is nothing at all wrong with the JIPSD cooperating with the Town and consenting to allow the Town to provide credits against its line on the property tax bill, even if there is no one to provide funds for credits in the unincorporated area of James Island.
Of course, it has been a long standing goal of the Town to give those in the unincorporated area of James Island an opportunity to rejoin the Town. If they do, then the Town will expand the Island Sheriff's Patrol into those areas. The Town will pay for sidewalks and paving roads in those areas. And if the JIPSD will cooperate with the Town on tax credits, we will help pay for fire protection and solid waste collection too in those areas that choose to rejoin the Town.
But it would be unreasonable for the Town to delay the provision of its services to people in the Town until those in the unincorporated area of the Town can rejoin. Should we close down the Island Sheriff's Patrol because those in the unincorporated area have not yet joined the Town? Similarly, it is unreasonable for the Town to delay a program to help our residents pay for fire protection and solid waste collection until those in the unincorporated area are included in the Town. And it is unreasonable for the James Island Public Service District to delay cooperating with the Town on a program that will greatly benefit the majority of its constituents.
The proposed MOU is not a binding agreement but rather a road map for further negotiation. There are many details that need to be worked out. When a final agreement is complete, then it will return to both Town Council and the JIPSD Commission for final approval. The purpose of the MOU is to show that both Town Council and the JIPSD Commissioner support the concept and want to move forward.
The MOU outlines the proposal. The Town would directly pay the JIPSD for some of the cost of providing fire protection and solid waste collection services in the Town and the JIPSD would consent to allow the Town to place a credit on the JIPSD line on the property tax bills going to residents of the Town.
Neither the Town nor the JIPSD prepare their own property tax bills. Instead, both participate in what many call the "County tax bill." These are the Charleston County consolidated property tax bills prepared by the Charleston County Auditor. If you look at you tax bill, you will see a list of government agencies that collect property tax in your area. For Town residents, in District 308, this includes both the Town and the JIPSD. The Town charges 20 mils but the amount paid is zero because of the Town's LOST credit. The JIPSD charges 64.4 mils, and there is no credit. How much you pay the JIPSD depends on the assessed value of your property.
If the Town and JIPSD agree to the cost sharing plan, then an additional Town credit would reduce the amount on the JIPSD line and so the total amount each Town taxpayer must pay the County Treasurer. As a result of the Town credits, the County Treasurer would be collecting less from Town taxpayers on behalf of the JIPSD, so the JIPSD would receive less from the County Treasurer. However, the amount the Town pays the JIPSD for services would be exactly equal to the reduction in the amount of taxes they receive from the County Treasurer, so the JIPSD would receive the same revenue in total from its provision of services in the Town. It would receive less from the property taxpayers in the Town and more from the Town itself.
In effect, the Town would be paying some of the cost of providing JIPSD services on behalf of its residents rather than them having to pay the JIPSD entirely by property tax. The people in the Town will pay for JIPSD services partly by property tax and partly through their Town government.
I plan to ask Town Council to spend $1 million next year for this program. This would reduce what a homeowner in the Town must pay the JIPSD by approximately 30% which will more than roll back last year's 13% property tax increase.
Is this arrangement legal? It was developed by the Pope Flynn law firm and they argue that it is legal. I agree.
Most importantly, the South Carolina Constitution authorizes local governments to share the cost of providing services. The South Carolina Code allows for the same. Payments are made by one government to another all the time. The City of Charleston and the City of Folly Beach both pay the JIPSD for fire service. The Town pays the City of Charleston so that Town residents pay the same cost as City residents for youth recreation and tennis. The Town pays the Charleston County Sheriff's Office to rent the patrol cars used by the Island Sheriff's Patrol (we pay the deputies directly.) The Town pays Charleston County Public Works for repairs to drainage pipes. The Town of James Island pays a monthly sewer bill to the JIPSD.
What about tax credits? The South Carolina Constitution has a provision that it should be liberally interpreted to grant to local government all powers not denied and fairly implied. Nothing forbids municipalities from providing property tax credits against the taxes due to a special purpose district operating in its area of jurisdiction and it is a reasonable method of sharing costs for the provision of services, something specifically allowed. I believe that the Town and the JIPSD have every right to agree that the Town may provide credits against the JIPSD property tax as a method of sharing cost. Unless the South Carolina legislature specifically forbids this plan, we may carry it out.
The South Carolina Supreme Court has ruled that property tax credits do not violate provisions of the South Carolina Constitution regarding uniformity of taxation. According to Pope Flynn, it would be legally difficult for the JIPSD to provide a lower property tax millage in the jurisdiction of the Town while keeping its millage in the unincorporated area the same, even if the Town made up the difference by direct payments to the JIPSD. But in Westinghouse vs. Charleston County, the South Carolina Supreme Court has said that tax credits do not violate that provision even if the way they impact the amount of tax paid is not uniform. That involved a business challenging the local option sales tax because the benefits are concentrated on homeowners. The tax credits the Town proposes will be provided to property owners in the Town and not property owners in the unincorporated area. The JIPSD millage will remain uniform, but the amount of property tax paid directly to the JIPSD net of the credit will not. However, the total share of the cost paid by the Town by both its taxpayers and the Town itself and the amount paid by residents of the unincorporated area will remain unchanged. Those shares will depend on the assessed value of the property in each area.
The Town is not required to provide tax credits against property outside its jurisdiction. We don't have to provide credits to people who live in the City of Charleston, Folly Beach, the unincorporated area of Charleston County, or, for that matter, people who live in Greenville. It is normal for a Town program to especially benefit Town residents. In particular, the Town is not obligated to use its revenues to provide credits to the residents of the unincorporated area of James Island, even though they receive services from the same special purpose district.
What about the JIPSD? The plan does not require the JIPSD to spend any funds or direct other resources to especially benefit Town residents. They are solely consenting to allow the Town to provide a credit on their property tax line, with no loss in total revenue. There will be absolutely no negative impact on the District or anyone receiving services from the District whether they live in the Town or the unincorporated area of James Island or even the City of Charleston or Folly Beach.
The Town of James Island pays the Charleston County Sheriff's Office to rent patrol cars for the Island Sheriff's Patrol. The Sheriff's Office has not refused to accept the Town's money because it benefits only residents of the Town of James Island and not the residents of the unincorporated portion of James Island or any other part of unincorporated Charleston County or the Town of Ravenel or the City of Charleston. The Sheriff's office, of course, is funded by Charleston County, substantially by property tax and provides primary law enforcement in the Town of James Island, the unincorporated areas of the County, and many of the smaller municipalities, including Ravenel.
Did you know that the City of Charleston provides larger property tax credits for residents of James Island than Daniel Island? Why? Because James Island is in Charleston County and Daniel Island is in Berkeley County. Those two counties provide different amounts of funding for property tax credits. The Town of Summerville provides no credit for most of its residents, but it does provide a credit for those who live in Charleston County. Why? Because most of Summerville is in Dorchester County, which provides no property tax credits. The City of North Charleston provides property tax credits to most of its residents who live in Charleston County but none to those in Dorchester County. Again, it is because Dorchester County does not provide property tax credits.
Similarly, the Town of James Island is willing to fund property tax credits in its jurisdiction. There is nothing at all wrong with the JIPSD cooperating with the Town and consenting to allow the Town to provide credits against its line on the property tax bill, even if there is no one to provide funds for credits in the unincorporated area of James Island.
Of course, it has been a long standing goal of the Town to give those in the unincorporated area of James Island an opportunity to rejoin the Town. If they do, then the Town will expand the Island Sheriff's Patrol into those areas. The Town will pay for sidewalks and paving roads in those areas. And if the JIPSD will cooperate with the Town on tax credits, we will help pay for fire protection and solid waste collection too in those areas that choose to rejoin the Town.
But it would be unreasonable for the Town to delay the provision of its services to people in the Town until those in the unincorporated area of the Town can rejoin. Should we close down the Island Sheriff's Patrol because those in the unincorporated area have not yet joined the Town? Similarly, it is unreasonable for the Town to delay a program to help our residents pay for fire protection and solid waste collection until those in the unincorporated area are included in the Town. And it is unreasonable for the James Island Public Service District to delay cooperating with the Town on a program that will greatly benefit the majority of its constituents.
Saturday, January 26, 2019
Brian Hicks Yet Again --- He Must Be Joking
He claimed that the Town collects no taxes. If only that were possible. What is unusual is that the 20 mil property tax levied by the Town is low enough that the LOST property tax credit we provide zeros it out so that no net property taxes are paid to the Town. Unfortunately, the Town has always collected a variety of other taxes, very similar to those collected by other municipalities in South Carolina.
Further, the people of the Town are also in the James Island Public Service District (JIPSD) which is now levying a 64.4 mil property tax. While that millage is lower than in the City of Charleston, it is higher than in the City of Folly Beach or the Town of Mount Pleasant. One reason why the Town's millage can be so low is that expensive services like fire protection and solid waste collection are provided to the residents of the Town by the JIPSD.
Because the JIPSD provides no LOST property tax credits, their taxes hit Town homeowners hard. After last year's 13% increase, the JIPSD property tax burden for homeowners surpassed that in the City of Charleston for the first time. That won't last long given the recent property tax hike by the City, but that hardly helps Town taxpayers.
Fortunately, the voters of the JIPSD turned out three incumbent Commissioners in November, and the new majority appears open to working with the Town on a tax credit. That will allow the Town to use is its other sources of revenue to help pay for fire protection and solid waste collection for its residents as is done by most municipalities rather than put all the burden on property taxpayers.
The Town funds the Island Sheriff's Patrol, which is a partnership with the Charleston County Sheriff's Office to provide increased law enforcement. The Town pays for sidewalks, paving roads, drainage repairs, improvements in our parks, and more. We employ our own building inspector and provide zoning and planning services as well. As a result, negative impacts from excessive development are much less in the Town, though we are heavily impacted by excessive development in the roughly 50% of James Island annexed by the City. The Town frequently partners with the City of Charleston or Charleston County for the provision of services, but we generally are bringing our checkbook.
The people of the Town pay the county taxes which fund our library system. The distribution of library branches has proven to be political. A library slated to be closed in West Ashley was kept open. Why? Effective advocacy by the member of County Council whose district included that branch.
I am very happy that James Island will get a new branch library. I strongly advocated for the Dills Bluff Road site owned by the JIPSD. There was plenty of room at that site for a new library, a new Town Hall, and a new JIPSD administrative center. At the time, the majority of JIPSD Commissioners didn't want to sell for reasons they wouldn't explain and so quoted insultingly unrealistic prices. Most of that bunch have since been turned out of office, and with the current Commission things would be very different if we could do it over again. Sadly, that opportunity slipped through our fingers.
Finally, I am just baffled by the charges of racism. The library branch on Camp Road is only about 500 feet from First Baptist Church of James Island, probably the largest on James Island, whose congregation is mostly African American. That church and our new Town Hall are next door neighbors in the "Down the Island" community--also predominantly black. When the Town passed a resolution renewing our call for the County library system to keep the branch open, both an associate pastor from First Baptist and the leader of the Triangle Grace Association representing the community came to Town Hall to speak in favor. The Camp Road branch serves an ethnically diverse area, including both Town and City neighborhoods.
I have never had a negative word to say about the Grimball Road site for the new Baxter Patrick library branch. After that site was selected, I became an enthusiastic supporter. It will be a great addition to James Island. I am sure that it will also have an ethnically-diverse clientele, especially residents of the growing number of predominately white apartment complexes popping up in the nearby areas on Folly Road annexed by the City of Charleston.
Still, like just about every other elected official on James Island, I think two libraries are better than one. That includes Charleston City Councilwoman Carol Jackson. I greatly appreciate how our new County Councilwoman, Jenny Honeycutt, did her best to reverse a decision made years ago and save the library branch on Camp Road. I am very thankful that she has won support from County Council to lease the building to the Town after the move.
We are still considering options, but I believe that we can continue to provide some level of library service--working with the Charleston County library system. The current level of service is likely out of reach, but something more akin to operations at the Folly Beach branch--also a partnership between a municipality and the County system--would be feasible. And yes, I certainly expect that, as usual, the Town will be bringing a checkbook.
We are still considering options, but I believe that we can continue to provide some level of library service--working with the Charleston County library system. The current level of service is likely out of reach, but something more akin to operations at the Folly Beach branch--also a partnership between a municipality and the County system--would be feasible. And yes, I certainly expect that, as usual, the Town will be bringing a checkbook.
Wednesday, January 23, 2019
The James Island Library Branch on Camp Road
Several years ago, County Council decided to move the library on James Island from its current Camp Road location to a new location somewhere on the Folly Road corridor. The planned new library was to be a bigger and better state of the art facility.
In 2014, the Town passed a resolution asking County Council to include on the library referendum a specific location for the new library, but also that the existing branch on Camp Road be renovated and remain open.
While there was consideration of several sites for the new library, including where O2 Fitness is located near Folly Road and the James Island Public Service District property on Dills Bluff Road, County Council chose the old Baxter Patrick School on Grimball Road.
Former County Councilman Qualey fought this decision, but he was unable to find enough votes on County Council. I believe that County Councilwoman Anna Johnson supported the Grimball Road site and lined up majority support.
County Councilman Qualey did win one victory. County Council approved a resolution stating that if there was any money left over after all of the other library construction and renovation projects were complete, then that extra money would be used to renovate the library branch on Camp Road. Unfortunately, there was nothing about the funds needed to operate the branch permanently or what would happen between the time the new branch opened and all of the library construction and renovation projects were complete.
At the time, I didn't think it mattered much because the chance that all of the other library construction and renovation projects would on net end up under budget rather than have cost overruns were slim to none. My view on that has not changed. Frankly, I think the majority of County Council felt the same which why some supporters of the Baxter Patrick site voted for the resolution backed by Qualey.
Last December, Town Councilman Troy Mullinax asked to place a new resolution regarding the library on the agenda. He included a statement that County Council had decided to close the branch on Camp Road when the Baxter Patrick branch was completed in June. The proposed resolution reiterated the Town's position from 2014--the existing branch should remain open. It added that, at the very least, the branch on Camp Road should remain open until all of the other projects were complete to see if there was money left for renovation.
I didn't think it was really necessary for Town Council to pass a new resolution when it added little to our longstanding position. I saw no reason to expect that anyone on County Council had changed their mind. On the other hand, I didn't see how it would do any harm to restate our position either.
Just before the December meeting, however, I was told that County Council had not decided to close the library branch on Camp Road. After I shared that, Councilman Mullinax asked to defer consideration of the resolution. There was no objection from Council.
It wasn't long after we learned that, as was expected all along, the Charleston County library system intended to close the branch on Camp Road when the new branch opened. While some materials and equipment will be moved, the most important shift will be staff. The librarians from the branch on Camp Road will become the librarians for the new Baxter Patrick branch when it opens. There will be no librarians available to staff the branch on Camp Road.
County Councilwoman Honeycutt tried to build support for keeping the Camp Road branch open, but there just were not enough votes on County Council. Very few were willing to reverse the decision they had made nearly four years ago. I told Councilwoman Honeycutt that some years ago, we had heard from County staff that it might be possible for the Town to lease the building after the library closed. However, I explained that the Town preferred having two libraries on James Island. We still wanted to keep the Camp Road branch open, though we were happy that a new modern branch was opening on Grimball Road. Councilwoman Honeycutt was not able to accomplish our first preference, but she was able to find majority support to lease the library building to the Town.
I believe she deserves thanks for actually accomplishing something for James Island.
Frankly, I fail to see how having a member of Council who rants and raves at the other members and fails to get a majority does anyone any good. It is very disheartening to have your representative explain that when you go before County Council it is better not to mention that you have their support because that will automatically turn the majority against you.
I am not sure why our activist community thought encouraging people to come to Town Council to plead to keep the library open would help. Town Council was not proposing to close the library branch. Town Council's position has remained the same for years--two libraries are better than one. I admit it bothers me when I read emails or hear public comments that seem to suggest that the Town is proposing to close the library or that Charleston County is obligated to obtain our permission. Anyway, the resolution passed unanimously.
While I doubt the pleas of James Island residents would be very effective in influencing County Council, especially the seven members who have no constituents on James Island, that is who is making the decision. I was surprised to hear that County Council voted to explore leasing the property to the Town the same night Town Council was considering its resolution. However, it is important to understand that Town Council has favored keeping the branch open since 2014. Its not like our position was a mystery to County Council.
The Town must now consider what we can do with the library building when it is closed. We are exploring a variety of options. I believe and hope that we can keep some level of library services at the Camp Road site. However, staffing a library at the existing level of service will be very challenging financially to the Town.
In 2014, the Town passed a resolution asking County Council to include on the library referendum a specific location for the new library, but also that the existing branch on Camp Road be renovated and remain open.
While there was consideration of several sites for the new library, including where O2 Fitness is located near Folly Road and the James Island Public Service District property on Dills Bluff Road, County Council chose the old Baxter Patrick School on Grimball Road.
Former County Councilman Qualey fought this decision, but he was unable to find enough votes on County Council. I believe that County Councilwoman Anna Johnson supported the Grimball Road site and lined up majority support.
County Councilman Qualey did win one victory. County Council approved a resolution stating that if there was any money left over after all of the other library construction and renovation projects were complete, then that extra money would be used to renovate the library branch on Camp Road. Unfortunately, there was nothing about the funds needed to operate the branch permanently or what would happen between the time the new branch opened and all of the library construction and renovation projects were complete.
At the time, I didn't think it mattered much because the chance that all of the other library construction and renovation projects would on net end up under budget rather than have cost overruns were slim to none. My view on that has not changed. Frankly, I think the majority of County Council felt the same which why some supporters of the Baxter Patrick site voted for the resolution backed by Qualey.
Last December, Town Councilman Troy Mullinax asked to place a new resolution regarding the library on the agenda. He included a statement that County Council had decided to close the branch on Camp Road when the Baxter Patrick branch was completed in June. The proposed resolution reiterated the Town's position from 2014--the existing branch should remain open. It added that, at the very least, the branch on Camp Road should remain open until all of the other projects were complete to see if there was money left for renovation.
I didn't think it was really necessary for Town Council to pass a new resolution when it added little to our longstanding position. I saw no reason to expect that anyone on County Council had changed their mind. On the other hand, I didn't see how it would do any harm to restate our position either.
Just before the December meeting, however, I was told that County Council had not decided to close the library branch on Camp Road. After I shared that, Councilman Mullinax asked to defer consideration of the resolution. There was no objection from Council.
It wasn't long after we learned that, as was expected all along, the Charleston County library system intended to close the branch on Camp Road when the new branch opened. While some materials and equipment will be moved, the most important shift will be staff. The librarians from the branch on Camp Road will become the librarians for the new Baxter Patrick branch when it opens. There will be no librarians available to staff the branch on Camp Road.
County Councilwoman Honeycutt tried to build support for keeping the Camp Road branch open, but there just were not enough votes on County Council. Very few were willing to reverse the decision they had made nearly four years ago. I told Councilwoman Honeycutt that some years ago, we had heard from County staff that it might be possible for the Town to lease the building after the library closed. However, I explained that the Town preferred having two libraries on James Island. We still wanted to keep the Camp Road branch open, though we were happy that a new modern branch was opening on Grimball Road. Councilwoman Honeycutt was not able to accomplish our first preference, but she was able to find majority support to lease the library building to the Town.
I believe she deserves thanks for actually accomplishing something for James Island.
Frankly, I fail to see how having a member of Council who rants and raves at the other members and fails to get a majority does anyone any good. It is very disheartening to have your representative explain that when you go before County Council it is better not to mention that you have their support because that will automatically turn the majority against you.
I am not sure why our activist community thought encouraging people to come to Town Council to plead to keep the library open would help. Town Council was not proposing to close the library branch. Town Council's position has remained the same for years--two libraries are better than one. I admit it bothers me when I read emails or hear public comments that seem to suggest that the Town is proposing to close the library or that Charleston County is obligated to obtain our permission. Anyway, the resolution passed unanimously.
While I doubt the pleas of James Island residents would be very effective in influencing County Council, especially the seven members who have no constituents on James Island, that is who is making the decision. I was surprised to hear that County Council voted to explore leasing the property to the Town the same night Town Council was considering its resolution. However, it is important to understand that Town Council has favored keeping the branch open since 2014. Its not like our position was a mystery to County Council.
The Town must now consider what we can do with the library building when it is closed. We are exploring a variety of options. I believe and hope that we can keep some level of library services at the Camp Road site. However, staffing a library at the existing level of service will be very challenging financially to the Town.
Town Council Supports Tax Credit Plan
Town Council approved four to one a resolution authorizing signature of an MOU (Memorandum of Understanding) with the James Island Public Service District (JIPSD) that would be a first step towards reducing property taxes in the Town. Joining me in support of tax relief were Councilmen Blank, Mullinax and Stokes. Voting against was Councilman Milliken.
JIPSD property tax was increased by 13% last year and makes up approximately half of the total property tax burden for homeowners in the Town. As a result, the total amount paid by homeowners in the Town on last October's property tax bill surpassed what was paid by homeowners in the City of Charleston for the first time.
The Town retained the Pope Flynn law firm to develop a proposal for tax relief. This firm works for municipalities and special purpose districts across South Carolina. I sent the proposal they developed to the JIPSD Commissioners last spring. The Town would pay for a portion of JIPSD services directly in exchange for the Commission's consent to provide credits against the property taxes the JIPSD collects in the Town. In response, I received a very nasty letter from four of the Commissioners rejecting our offer. Fortunately for the taxpayers of the Town, three of those four were defeated in last November's election.
The Pope Flynn law firm has now developed an MOU for the Town and the JIPSD to sign. The MOU creates a nonbinding road map for negotiating a more detailed agreement that would implement the tax credit plan. It is called the "Cost-Sharing Agreement" and would only be executed after approval of both Town Council and the Commissioners.
I hope that the James Island Public Service District Commission will also authorize signature of the MOU. It is important to begin working on this now so that credits can appear on the County tax bills going out to property owners in the Town next October.
JIPSD property tax was increased by 13% last year and makes up approximately half of the total property tax burden for homeowners in the Town. As a result, the total amount paid by homeowners in the Town on last October's property tax bill surpassed what was paid by homeowners in the City of Charleston for the first time.
The Town retained the Pope Flynn law firm to develop a proposal for tax relief. This firm works for municipalities and special purpose districts across South Carolina. I sent the proposal they developed to the JIPSD Commissioners last spring. The Town would pay for a portion of JIPSD services directly in exchange for the Commission's consent to provide credits against the property taxes the JIPSD collects in the Town. In response, I received a very nasty letter from four of the Commissioners rejecting our offer. Fortunately for the taxpayers of the Town, three of those four were defeated in last November's election.
The Pope Flynn law firm has now developed an MOU for the Town and the JIPSD to sign. The MOU creates a nonbinding road map for negotiating a more detailed agreement that would implement the tax credit plan. It is called the "Cost-Sharing Agreement" and would only be executed after approval of both Town Council and the Commissioners.
I hope that the James Island Public Service District Commission will also authorize signature of the MOU. It is important to begin working on this now so that credits can appear on the County tax bills going out to property owners in the Town next October.
Monday, January 21, 2019
McCoy Files SC House Bill 3661--Opportunity to Reunite the Town
Representative Peter McCoy filed House Bill 3661 in Columbia Thursday. This proposed change in South Carolina annexation law would create an opportunity to reunite the Town of James Island. Similar to a bill filed last session, it clarifies the definition of "contiguity."
If a unincorporated property or area is in the same special purpose district as a municipality and it would be contiguous with the municipality but for a break in the contiguity of the special purpose district, then the property or area would be considered contiguous to the municipality. This only applies if the municipality is entirely within the special purpose district and the special purpose district has an elected governing body. Contiguity is important because it is a requirement to allow for annexation.
The Town is entirely within the James Island Public Service District (JIPSD) which has an elected Commission. There are breaks in the contiguity of the JIPSD created by strings of properties annexed by the City of Charleston.
At least some of those annexations were aimed at breaking up James Island to prevent the formation of a Town. That effort failed, however, some parts of James Island that were in the Town in 2011 were unable to vote in the incorporation election and be included in the Town in 2012.
This clarification of contiguity would make unincorporated properties or areas on James Island contiguous to the Town if they are directly across one of the areas annexed by the City of Charleston. If the McCoy bill becomes law, an individual property owner in the unincorporated area of James Island could petition Town Council to annex--to join the Town. But they could only do so if they are next to an area annexed to the City and on the other side of that City area is an area already in the Town.
This clarification of contiguity would make unincorporated properties or areas on James Island contiguous to the Town if they are directly across one of the areas annexed by the City of Charleston. If the McCoy bill becomes law, an individual property owner in the unincorporated area of James Island could petition Town Council to annex--to join the Town. But they could only do so if they are next to an area annexed to the City and on the other side of that City area is an area already in the Town.
It would also be possible for an entire neighborhood to annex to the Town. If the neighborhood is next to a City area and on the other side of that City area is an area in the Town, then it would be possible to hold an annexation election. This would require 25% of the registered voters in the neighborhood to sign a petition. Then the Charleston County Election Commission would hold an election. If the majority of those voting wanted to join the Town, then that neighborhood would return to the Town.
The effect of this change in annexation law would allow people in the unincorporated area of James Island to choose between joining the Town of James Island or the City of Charleston on an equal basis. All of those who would become contiguous to the Town because of this law are already contiguous to the City of Charleston and can annex to the City of Charleston if they want. Few choose to annex to the City.
I greatly appreciate Representative McCoy's faithful support of the effort to provide an opportunity for all of those former Town residents who were left out of the incorporation election of 2012 to also have a chance to vote whether they want to return to the Town.
While there has always been strong support on Town Council for the goal of reuniting the Town, there have been few opportunities for Council to go on record with a vote. Also on Thursday, Town Council voted 4 to 1 for a resolution endorsing the McCoy bill. Joining me in support were Councilmen Blank, Mullinax, and Stokes. The sole vote in opposition was Councilman Milliken.
The Town's resolution asks all of the Representatives and Senators with districts that include parts of James Island to join Representative McCoy in helping pass this needed change in South Carolina law. Representative Stavrinakis and Senator Senn and Senator Campsen each represents parts of James Island, including unincorporated areas.
Do you live on James Island? Do you want an opportunity to vote to join the Town? Contact your Senator and Representative. And give Representative Peter McCoy a big thank you for supporting the right of James Islanders to choose.
Tuesday, January 15, 2019
New Commissioners Take Charge
The James Island Public Service District held a special meeting on January 14th. The meeting was called by a majority of Commissioners soon after they were sworn in on January 2nd.
For the first item of business, the Commissioners changed their rules of procedure to regain their authority to select the JIPSD Attorney. That had been given up to the District Administrator in 2015 by then Commissioners Waring, Kernodle, Hollingsworth, and Wilder.
The Commissioners then asked Michael Timbes to serve as an attorney to review transition issues. The Commissioners voted to allow Trent Kernodle to complete a letter to the City of Charleston that he had already been assigned. According to the newly-established rules a "Request for Qualifications" will be sent out soon seeking a new General Attorney for the District.
The next item of business was election of officers. Commissioner Kathy Woolsey moved to suspend the rules as necessary for the election of all officers by roll call vote. The Vice Chair and Secretary positions were vacant because former Commissioners Hollingsworth and Wilder were defeated in their reelection efforts in November. Chair Engelman was not up for election in November, and since the JIPSD rules of procedure has its officers elected for one year terms from June to July, her term as chair is slated to end on June 30. However, the JIPSD rules of procedure allow a majority of Commissioners to suspend the rules, which would include the rules regarding the terms and dates of election of officers. Commissioner Woolsey argued that it would be better to elect officers using the calendar year--January to January. The vote to suspend the rules failed on a 3 to 4 vote. Commissioners Brown Crouch, Clifford, and Woolsey voted in favor. Commissioners Engelman, Platt, Laughlin, and Poston voted against.
Commissioner Laughlin was appointed as the Chair of the Adminstrative Committee by Commission Chair Engelman in an email last week. He called for a committee meeting to review the rules regarding the election of officers before the next regular meeting on January 28th. From the discussion there appeared to be substantial support for running terms from January to January.
The Commission then filled the two vacant offices. Commissioner Platt nominated Alan Laughlin for Vice Chair. Commissioner Brown Courch nominated Commisioner Woolsey. Laughlin received 3 votes in favor--Engleman, Platt and himself. Commissioner Woolsey received four votes Clifford, Brown Courch, Poston, and herself. Commissioner Poston was elected Secretary on a 6 to 1 vote, with only Chair Engelman voting against.
Chair Engelman left the meeting. Vice Chair Woolsey continued the meeting. The next item on the agenda was the time of the regular Commission meetings. There was concern that it is difficult for citizens to fight the traffic and get to a 6:00 Commission meeting right after work. Two of the Commissioners have jobs and explained it is difficult for them to make it to a 6:00 meeting. The Commission voted unanimously to change their rules of procedure so that the time of the regular meetings is returned to 7:00 PM as it had been for many years.
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