Thursday, May 23, 2019

JIPSD Commissioners Defeat Budget on First Reading

A handful of District residents were on hand for the public hearing on the JIPSD Budget Monday night.  Most asked the Commissioners to reverse last year's tax increase.

The Commissioners were concerned about the proposed increase in sewer fees.  There is currently a $83,000 deficit on sewer operations.   The Vice Chair of the Commission, Kathy Woolsey, argued for a more modest increase in rates than the staff proposal.  She said they should close the deficit, but not raise rates so much that they started to run a substantial profit on sewer operations.   The District's new Chief Financial Officer (CFO), along with the district's auditor, said that they had to increase the rates as proposed because bond investors required a surplus in order to build up a reserve.  (The material distributed showed no need to increase the reserve this year and also showed that the proposed rate increases over the next five years would generate a much larger increase in reserve than the minimum required.)  The CFO also said that the Commission must approve the increase tonight because it was tied to the rest of the budget. 

The Commission voted to approve the rate increase as proposed by staff, but they sent it to the wastewater committee to review it and see if a smaller increase would be sufficient. Since the increase doesn't go into effect until October, they felt they had time for a second look.   The Vice Chair said that she thought they she deal with the matter tonight, but as Chair of the Wastewater Committee, she would schedule a meeting soon.

The Vice-Chair had distributed to the Commissioners, the staff, and the public, ten different amendments to cut spending and roll back taxes. When the budget came up, she made a motion  to amend the budget.  Before she could actually propose anything, the Chairman, Alan Laughlin interrupted and asked her to withdrawal all of her proposed amendments.  The Chairman said he was going to send the budget back to the Ways and Means Committee.  He didn't think amendments to the budget should be considered at the regular meeting. The vice-Chair pointed out that he did not have the authority to do that.   The Commission's Parliamentary Attorney said that she didn't remember if he had that authority, but that the Chair, like any Commissioner, could move that the budget be returned to Committee.  He made that motion, it was seconded, and it passed. 

Soon after, staff insisted that the Commission must approve first reading of the budget because of the need to advertise the public hearing.  The ad must include some figures from the budget. So the Chair moved to bring the budget back up and that passed.  The Vice-Chair again moved to amend the budget.  The Chair threatened to adjourn the meeting if she continued.  Commissioner Platt moved to adjourn and the Chair seconded.    The motion to adjourn the meeting failed. 

Vice-Chair Woolsey then moved to amend the budget to reduce the debt service millage from 9.3 to 7.3 mils. The proposed amendment matched that reduced revenue by cutting "future capital leases" to zero and also the surplus increasing the balance in the debt service fund to zero.   The District's new Chief Financial Officer  said that the amendments cut taxes without cutting spending and violated the requirement of a balanced budget.   The vice-Chair said that that was not correct and asked the CFO to look at the sheet she had provided. He refused and said he knew the numbers. The Commission approved the amendment 4 to 3.

Commissioner Engleman said she was going home if they didn't go into executive session right away. The Commission then voted to go into executive session to get legal advice.   The Commission's labor attorney stayed and everyone else had to go outside and wait--for a long time.  Commissioner Engelman left the executive session and went home.  After a while, the executive session ended and everyone returned.   The Commission then voted to recess the meeting (it was about 10:30) until the next day at 7 PM.

When the meeting resumed on Tuesday, the staff had brought the District's bond attorney to advise against the amendment because of bond investors.  Chairman Alan Laughlin then proposed to reverse the amendment passed at the last meeting. 

The bond attorney said that the District really cannot zero out the balance in the debt service fund.   The Vice-Chair pointed out that the amendment did not zero out the balance in the bond service fund.  She read the amendment which zeroed out the surplus, which would mean that the balance in the bond service fund would stay the same rather than increase.  The bond attorney looked at the CFO and then said that he had misunderstood the amendment. 

The CFO said he didn't know where the Vice Chair got her numbers.   She responded that she had gotten them from him.   (They came from the draft budget.)   She asked if he had provided wrong numbers.   He responded that he was offended that she suggested that he provided wrong numbers.

The Vice-Chair said that she understood that the usual practice by local government was to first borrow money and then have the County Auditor place the millage on the tax bill needed to pay it back with interest.   The bond attorney said that was true.   Commissioner Woolsey pointed out that the District doesn't doit that way and has been collecting money from the taxpayers before they even knew how much the new fire station would cost, much less the debt service on the money they would borrow.   The bond attorney looked stunned and said that he guessed that it can be done that way. 

Vice Chair Woolsey then pointed out that the staff had been there last year when over 75 people crowded the hearing to protest the tax hike.   They were well aware that every Commissioner up for election who voted for the tax hike was turned out of office by the voters.   The newly elected Commissioners were all very critical of the tax hike.   Even so, the staff prepared a budget that left the tax hike unchanged.  She said if the Commission voted to reverse the amendment, she would make a motion to return the budget to staff with instructions to cut taxes by 2 mils.  Commissioner Platt said he would second that motion.

The Commission voted 5 to 2 to repeal the budget amendment that had passed the previous night.   Vice Chair Woolsey and Commissioner Brown Crouch voted against repeal. 

Commissioner Woolsey then moved to return the budget to staff with the instruction to reduce the property tax by 2 mils. The motion was seconded by Commissioner Platt.   It passed unanimously.

The first reading of the budget was defeated 5 to 1.  Chairman Laughlin was the sole vote in favor.  Commissioner Engleman had left the meeting early.

Friday, May 17, 2019

Public Hearing on 2020 JIPSD Budget on Monday, May 20 at 6:30

The James Island Public Service District is holding a public hearing on its 2020 Budget on Monday, May 20 at 6:30 PM in the Conference Room at 1639 Signal Point Road.

Here is a link to the draft budget.

The good news is that the budget proposed to the Commission by District Administrator Robert Wise includes no property tax increase.   However, it leaves unchanged the 13% property tax increase from last year.   I strongly believe that the Commissioners can and should reverse at least some of that increase.

The budget projects future property tax increases over the next 5 years.   The operating millage is projected to increase by 4.5 mils and the debt millage by 3.8 mils for a total of 8.3 mils.   The total millage this year is 64.4, so that is an increase to 72.7 mills which is a nearly 13% increase.

Also before the Commission is a hike in sewer fees.   The proposed increase next year is only fifty cents per month.   It is applied to the base rate and the new CFO said that it was a 5% increase.   I think it would be helpful to know the percent increase from the average sewer bill.   My bills run about $40 and so 50 cents is a little more than a 1% increase.   However, the proposal includes additional increases over the next five years, adding up to more than $5.   For me, anyway, that would be a 12% increase over 5 years.

Only the initial increase in sewer rates is before the Commission this year and any further increases will only go into effect if the Commission approves them at future meetings.   Similarly, the projected property tax increases will not go into effect unless they are actually approved by the Commission with each future budget.

In my opinion, last year's  13% property tax increase was excessive and so the Commission should reduce property taxes this year.   The former CFO told me that when she calculated the needed increase in the property tax and reported it to the District Administrator, he ordered her to add 2 extra mils to what was needed.  She has now been replaced by her former assistant. 

The Commission and the public were told that the 2 mil increase in the operating millage was necessary to fund increases in salaries for fire fighters because they have had difficulty recruiting and especially retaining junior fire fighters.   The 5.5 increase in the bond millage was necessary to fund the replacement for fire station 1.   Fire station 1 was supposedly made ineffective due to the improvements at Camp and Folly. 

The projected debt service for the new fire station is $414,639.      According to the budget,  the revenue generated next year from the 9.3 bond millage will be $1,228,140.   That is $132,000 per mil.   The millage needed to pay interest and principal on the bonds for the new fire station, therefore, is approximately 3.2 mils.   That is 2.2 mils less than the increase the Commission and the public were told was necessary.   This is very close to the extra 2 mils reported to me by the former CFO. 

If we look at the budget proposal from the new CFO, it includes $134,000 of bond millage for future capital leases.   In other words, the District plans to continue to collect approximately 1 mil for interest and principle for money it might borrow for equipment it might purchase.     They also project a surplus in the debt service of $128,000.  That is they are collecting more debt millage than the interest and principal payments they must make.  Together this surplus and the "future capital leases" make up 2 extra mils.

As for the operating budget, the District has a policy of paying some portion of retiree health cost.   The cost is expected to be $170,000 next year.  The Commissioners have been led to understand that the District is obligated to build up a fund to pay this benefit for future retirees.   At the Ways and Means Committee meeting last week, the Human Resources Officer told the Commissioners that they are obligated to pay the employer's share of employee health benefits to their retirees.   The District's new outside Auditor has been telling the Commission that most local governments cannot afford this and that they need to look at scaling the benefit back.   Many Commissioners are interested in reviewing the policy.   The District Employee manual shows that the District may pay a part of retiree health cost if the Commission approves and funds are available.  So no retiree has actually been promised anything.  Further, state regulations do not require local governments like the District to pay any health benefit to retirees.   It appears that "staff" has not been providing accurate information to the Commission. 

Last year, the Commission contributed $100,000 of taxpayer money  to start building a fund to pay future retiree health benefits.   The draft budget proposes that an additional $268,000 be added to bring it up to $368,000.   That increase is almost exactly 2 mils of property tax, though some of it may be funded out of the sewer fee increase.   It is hard to understand why so much is being committed to a program that is not required and may be greatly restricted if not eliminated by the Commission.   The Town of James Island does not provide retiree health benefits.

As far as spending on operations, there are modest increases in most areas except Administration where there is a very large increase and fire protection where there is virtually no increase.

Administrative                                 18.8%
Fire Protection                                    .6%  (Yes, that is less than 1%)
Fleet                                                   5.8%
Solid Waste                                         5.2%
Wastewater                                          5.1%

That does not seem very balanced and some might question whether this has less to do with District needs and more to do with the Commission being forced to overrule its District Administrator in order to keep our Fire Chief on the job.     

I certainly hope that the Commissioners will reduce the bond millage to what is actually needed and also reduce the operating millage at least 1 mil.   An overall 3 mil decrease looks very feasible.   That would be a bit more than a 4% cut in property tax, reversing approximately 1/3 of last year's excessive property tax increase.

This does not mean that rising costs may not require future property tax increases. The Commission and the Town are working to allow for a Town credit against the JIPSD property tax.   We are also working to give everyone in the District an opportunity to return to the Town so that they can benefit as well.   Needed legislation passed the SC House this year and will come to the Senate next year.  The tax credit plan will allow the other sources of revenue available to municipalities to be used to help fund vital services provided by the JIPSD such as fire protection and solid waste collection.

Thursday, May 16, 2019

Town 2019-20 Budget Passes Second and Final Reading

    The Town passed its 2019-20 budget on a 4 to 1 vote.   Only Councilman Milliken voted against. 

    The Town plans to spend approximately $4 million in operating funds next year.  That is approximately 8% less than what the Town spent this year. 

     The most significant new expenditure is for fire protection and solid waste collection services.   The James Island Public Service (JIPSD) will continue to provide those services to the residents of the Town, but the Town will help pay part of the cost on behalf of our residents.   The total amount budgeted for next year is approximately $1 million.   At our last meeting with JIPSD representatives, they said they preferred monthly payments which would be about $85,000 per month.

     In exchange, the JIPSD will allow the Town to provide a credit against the JIPSD line on the Charleston County property tax bill. The total of the credits for all the Town taxpayers will add up to the total amount the Town pays for services. The typical homeowner in the Town will see a 30% reduction in the property tax paid to the JIPSD and so an approximate 15%  saving on property tax overall. 

     The Town's own millage will remain unchanged at 20.   The Town again will provide a 100% property tax credit so the net amount of property tax paid to the Town will remain zero.

     Another major expense for the Town is law enforcement.   The Town plans to spend $250,000 on the Island Sheriff's Patrol, maintaining the increased presence initiated last summer.

     The Town plans to spend approximately $1.4 million on capital improvements--including drainage projects, new sidewalks, and a picnic shelter and restrooms at Pinckney Park. 

      Some of these capital projects will be funded out of Town savings, but at the end of the year, we expect to have approximately $4.5 million left in various funds balances.   The Town is debt free, having paid off the new Town Hall this spring.

Friday, May 10, 2019

Sidewalk Repairs on Fort Johnson



Town contractors are out today repairing sidewalks on Fort Johnson Road today.  Technically, the South Carolina Department of Transportation (SCDOT) is responsible for keeping the sidewalks on SCDOT roads in repair.   That includes Fort Johnson Road.   However, SCDOT puts maintenance of sidewalks low on its list of priorities.   In fact, when the Town has constructed new sidewalks on SCDOT roads, we have been required to sign an agreement promising to maintain them.   Plainly, SCDOT has neglected its sidewalks on Fort Johnson Road for decades and the Town has requested repairs for several years now.   We finally bit the bullet and are using Town funds to make some needed repairs. 

Thursday, May 9, 2019

Rethink Folly News



The first major improvement coming out of the Rethink Folly Road plan is a sidewalk in the Commercial Core of Folly Road--between Ellis Creek and Prescott Street.   The Town of James Island, the City of Charleston, and Charleston County  have all committed to making significant financial contributions and we obtained a complete streets grant of federal money from the Berkeley-Charleston-Dorchester Council of Governments.   Charleston County Transportation took over management of the project from the Town and hired the Reveer Group as engineering consultants.

The Steering Committee had approved a proposal for an eight foot sidewalk on the west side of Folly road running from Ellis Creek to Pittsford Street.   Because of difficulties in relocated the power poles in the segment between Camp Road an Pittsford Street, Charleston County Transportation recommended putting the sidewalk on the east side of Folly Road between Camp Road and George Griffith.  The Steering Committee recommended that the sidewalk be 7 feet wide in this segment, which will be entirely on existing SCDOT right-of-way.  The proposal includes a crosswalk at George Griffith, but the steering committee made it clear that it needs to be a robust and safe crossing.  The project also includes a widening and painting of the bike lanes in this area of Folly Road.   By keeping the entire sidewalk on SCDOT right-of-way in this segment, more funding will be available to improve the bike lanes and the crosswalk.   

The Steering Committee also recommended that the City of Charleston and Charleston County adopt the Town's revision of the Folly Road overlay to include a multi-use path on any new development or redevelopment on Folly Road.   The long term goal is to have multi-use paths on both sides of Folly Road from Wappoo Cut to the City of Folly Beach.   

Finally, the Steering Committee recommended that the Town of James Island, the City of Charleston, Charleston County, and the City of Folly Beach hire the Toole Design Group as a consultant to manage the Rethink Folly Road Plan.   The intention is not to replace Charleston County Transportation's role in the current or future infrastructure projects, but instead to work on other elements of the plan especially marketing and business outreach.   The Town of James Island is managing the consultant contract, with finance being shared by the four constituent governments.   Town Council has approved the MOU with Charleston County, the City of Charleston, and Folly Beach and also approved the contract with the Toole Design Group.

Brantley Park Progress



The Charleston County Greenbelt Advisory Board voted unanimously to recommend that County Council approve the Town of James Island and City of Charleston's application to use Greenbelt funds to purchase the property at the corner of Folly Road and Brantley Drive for "Brantley Park."   They did make the recommendation conditional on the municipalities providing public access to the dock on the property. 

This is a complication because the dock straddles the line between the proposed park and the neighboring property.   Further, the current dock is permitted as a residential dock and to make it public it must be permitted as a community dock. 

Everyone on James Island owes our Councilwoman Jenny Honeycutt thanks for her efforts to move this project forward.   It will go to County Council's Finance Committee next week and then the Council Council.

The City and Town still have work to do.   Negotiations with the property owner continue.   Still, approval by the Greenbelt Board was an important step forward in this joint effort by the Town of James Island and the City of Charleston to improve Folly Road.

Progress in Reuniting the Town--SC House Passes Contiguity Bill



The South Carolina House of Representatives unanimously passed House Bill 3661 today.   This bill will provide an opportunity for residents of the unincorporated area of James Island to rejoin the Town.   This is an important step forward, and we should all give a big thank you to Representative Peter McCoy for shepherding this bill though the House. 

However, the companion bill in the South Carolina Senate, S. 669, must also pass.  Unfortunately, the Senate (and House) finished up their business today and cannot consider the bill until next year.   We will need a hearing in the Senate Judiciary Committee, get a favorable recommendation from there, and then get a vote by the full Senate.   Governor McMaster must then sign the bill for it to become law.

The bill clarifies the legal definition of contiguity so that if a property is in the same special purpose district as a municipality and the property would be contiguous with the municipality but for a break in the contiguity of the special purpose district, then the property is contiguous with the municipality.   This clarification only applies if the special purpose district has an elected governing body and and the municipality is entirely within the special purpose district.    Contiguity is important because it is a requirement for annexation.

Annexation on James Island by the City of Charleston has created breaks in the contiguity of the James Island Public Service District (JIPSD.)    The Town is entirely included within part of the JIPSD.   The unincorporated areas of James Island that were in the Town in 2011 are separated from the Town by these breaks in the contiguity of the JIPSD.   The bill would allow the Town to annex properties directly across these breaks either by petition of the individual property owner or else by annexation election.

Please reach out to Senator Campsen who represents the southern portion of the Town and unincorporated area of James Island and Senator Senn who represents the northern portion of the Town and unincorporated area of James Island.   Thank Senator Campsen for filing a companion bill and ask both of them to work to give the former residents of the Town the opportunity to vote to return to the Town. 

The JIPSD Commissioners who voted for a resolution in support of HB 3661 also deserve thanks.   The previous Commissioners refusal to support this effort (and behind the scenes opposition) made things much more difficult in Columbia. 

Camp Road Library Building

Charleston County Council has offered to lease the Camp Road Library building to the Town for $1 per year.   I think all of us in the Town should be very grateful to Charleston County Council for making this kind offer.   Also, please thank our Councilwoman Jenny Honeycutt for her success in persuading the majority of County Council to approve this offer.

However, it is important to understand that the lease agreement does not allow the Town to provide library services.   This agreement will go to Town Council at our May 16 meeting.   I plan to vote in favor.

After County Council selected the Grimball Road site for the new library branch on James Island, Town Council has consistently advocated keeping the existing branch open as well.    Former County Councilman Joe Qualey worked to keep the Camp Road branch open.   Our new County Councilwoman, Jenny Honeycutt did the same.   Unfortunately, she could not find a majority of County Council that was willing to provide the funding necessary to keep the Camp Road branch open as well as fund the new and larger James Island branch opening on Grimball Road.   She was able to find a majority willing to lease the building to the Town at a nominal cost--$1 per year.

While it was apparent that County Council was not willing to fund two libraries on James Island, and that only the new, larger, Grimball Road facility would be funded, we had hoped that the County Library would be willing to contract with the Town and continue to provide at least some library services at the Camp Road site at Town expense.   Our preliminary contact with the acting Director of the Library was very positive.

The Town received a lease agreement last month that included as a possible use, "library services funded by the Town."   That agreement was included in the agenda packet for our April meeting.  However, at the very last minute, the Charleston County Library Board contacted Charleston County and insisted that the lease agreement be changed to remove library services as a possible use, prevent the use of the name "library" in the name of the Town facility, and to prevent any County funds or County staff be used at the facility.   While we understood that no County funds would be used, we had hoped that we could pay to have County (library) staff provide services.   

Town Council went ahead and approved the original lease agreement, rather than the last minute modification.   We hoped that County Council would agree with our position.   I believe that Councilwoman Honeycutt supported our position but the majority sided with the Library Board.   Therefore, the Town has a great opportunity to have a building at nominal cost that we can use for any educational purpose.  Unfortunately, library services are not included.   I believe that the Library Board wants to make sure that James Islanders will use the new branch at Grimball Road.  I certainly plan to do so.

This summer, the Town will hold a charrette to obtain public input about uses of the building.   Please be on the lookout for your chance to share your opinion.