Abuse of Power at the JIPSD Commission Meeting

JIPSD Chairwoman Sandi Engelman and Vice-Chairman Donald Hollingsworth both refused to respect the first amendment rights of Alan Laughlin, a candidate seeking election to the JIPSD Commission in November.

The First Amendment of the U.S. Constitution states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Like most governmental bodies, the James Island Public Service District Commission allows citizen comments at their meeting.   This provides an opportunity for citizens to exercise their first amendment rights, specifically, the right to free speech and to "petition the Government for a redress of grievances."   

The Chairwoman of the JIPSD, Sandi Engelman, and the Vice Chairman, Donald Hollingsworth have decided to impose censorship on citizen comments to prevent all criticism of any Commissioner or the Commission.

What is their rationale?   The JIPSD rules of procedure which include:

Rule 23  Purpose of Public Comment.  It is the purpose of this agenda item to
permit the public to address the Commission, not to debate or berate the Commission or
its employees.  

Rule 25  Decorum.   Any person making impertinent or slanderous remarks or
who becomes obnoxious or disruptive while addressing the Commission may be barred
from further presentation before the Commission by the presiding officer. 

Chairwoman Engelman and Vice Chairman Hollingsworth have interpreted these rules to prohibit all criticism of any Commissioner or the Commission.

There are two problems with this censorship.   Most importantly, the JIPSD is an elected, governmental body fully subject to the first amendment of the U.S. Constitution.   Any JIPSD rule that prohibits citizens from sharing concerns about the actions of  a Commissioner or the Commission is unconstitutional.

However, the existing JIPSD rules do not come close to prohibiting criticism.  Chairwoman Engelman and Vice Chairman Hollingsworth are violating the Commission's own rules as well as the U.S. Constitution.

To "berate" is to scold or criticize angrily.   Even harsh criticism can be delivered in a reasonable and calm matter.   "Impertinent"  means rude or showing disrespect.   Again, criticism may be provided in a respectful manner.  "Slanderous" means false and malicious.   A truthful criticism can never be slanderous.

What happened?

At the August meeting, Alan Laughlin was recognized for his three minute public comment.   He began to address the Commission.   He stated Commissioner Kay Kernodle was at the August meeting of James Island Town Council.  As soon as he mentioned her name, Chairwoman Engelman interrupted and said that he could not criticize any Commissioner.   Laughlin then began without using Kernodle's name, stating that a Commissioner had attended the August Town Council meeting.  Engelman again interrupted stating that she would not allow anyone to criticize any Commissioner. 

Alan Laughlin wasn't even given the opportunity to make any criticism, much less berate the Commission or be impertinent or slanderous.     It was obvious that Engelman had a good idea what Laughlin was going to say, and she was going to prohibit him from speaking.

At the September meeting, Laughlin tried again.   He prefaced his remarks by saying that he wanted to bring up a concern about the behavior of the Commission's official liaison to the Town at the August James Island Town Council meeting.  Engelman told him that he could not criticize the Commission or any Commissioner.

Commissioner Kathy Woolsey stated that Engelman was violating Laughlin's first amendment rights.   Vice Chair Hollingsworth said the Commission rules prohibit any criticism of the Commission.   Commissioner Woolsey asked what rule states that no criticism is allowed and asked that it be read.  Hollingsworth then read the rule 25.   Since Laughlin hadn't done more than mention the Commission liaison, he had no opportunity to be impertinent much less slander anyone.  Engelman said that Commissioner Woolsey was out of order and pointed to the sheriff's deputy at the back of the room and said that she would have her removed. 

What grievance was Alan Laughlin trying to share with the Commissioners?

At the August Town Council meeting, Commissioner Kay Kernodle signed up for the Town's public comment period.   She handed a letter to the members of Council and then turned her back and began to address the audience.    I asked her to address Council.   She refused, stating that she didn't want to address Council and wanted to address the audience.  Rather than insist that she follow the Town rules, I just let her go on for her three minutes.   She spent the three minutes thanking Mayor Tecklenburg for agreeing to adjust the City's boundary with the Town so that the new JIPSD fire station would be entirely within the Town. I thought she made a fool of herself with her impertinent behavior.  I was just baffled that she failed to use this opportunity to request that Town Council agree to a boundary adjustment.

Alan Laughlin believes that Commissioner Kernodle's lack of respect for Town Council was inappropriate, especially because such behavior would never be tolerated at a Commission meeting.   I imagine that is what he planned to say to the Commissioners at their August and September meetings.  I think it is highly likely that is what Engelman expected him to say as well. 

Surely, that is why she censored Alan Laughlin in clear violation of his first amendment rights.  And her vice Chairman, Donald Hollingsworth, backed up her abuse of power.

Isn't it time for a change?

Ethics Problems at the JIPSD

Conflict of Interest is a serious problem at the James Island Public Service District. 

JIPSD Commissioner Kay Kernodle was found to be in violation of South Carolina Ethics law.   She tried to have the JIPSD hire her husband to do legal work.  The South Carolina Ethics Commission determined that by participating in the selection process and rejecting other applicants, she sought to narrow down the field to leave her husband as the only candidate.   She claims that she did not intend to cause the District to choose her husband and that the other candidates were unsuitable.   She admitted that no one would believe her, so she decided not to fight the charge.

Here is the consent order.

When Trent Kernodle was the only applicant left, Commissioner Kernodle must have known that she could not get away with voting to appoint her husband.   With the Commission deadlocked 3 to 3, she instead voted to give up the Commissioners' role of voting for the General Counsel and instead turned the decision over to District Administrator Robert Wise.  The District Administrator has continued to approve payments to the Kernodle Law Firm, funneling taxpayer money to Commissioner Kay Kernodle's family.

It is up to the voters of James Island to decide whether they want this kind of insider dealing on their Commission.  Commissioner Kay Kernodle and her two allies who joined her in those votes--Commissioner Wilder and Hollingsworth--are up for election in November.

Isn't it time for a change?

How to Keep JIPSD Property Tax from Skyrocketing!

The Town asked the James Island Public Service District (JIPSD) to work with us to help limit the burden they impose on the property taxpayers in the Town.  I believe this is especially timely since the JIPSD has increased its property tax by 13% this year and its long run fiscal plan includes an additional 10% increase. The JIPSD property tax is a significant portion of a homeowner's tax bill--a little less than 50% last year and likely to rise to a little more than 50% next year.  Last year they collected approximately $3.5 million in the Town and plan to increase that to just over $4 million this year.

Right now, what the Town needs is a majority of Commissioners willing to agree to work with us to obtain a declaratory judgement.   We need them to come to an agreement with the Town that they would accept if it were legal and then approve it conditional on a court decision on its legality.

What is the Town's proposal?

Much would remain the same. From the point of view of Town residents all that would change is that the property tax bills they receive for their homes, cars, and boats would decrease.

First, the Town proposes that the JIPSD continue to provide services just as it does today--fire protection, solid waste collection, and wastewater transportation.   Most Town residents greatly appreciate the services provided by the JIPSD.

The JIPSD Administrator and Commissioners would continue to manage those services.  The Town has proposed no additional authority by Town Council to review JIPSD management of any of its departments or its expenditures.

In my opinion, as long as the residents of the Town can vote for JIPSD Commissioners, there is no need for the Town to have additional authority over management of services or expenses.   Town residents who have concerns about those matters should reach out to their elected JIPSD Commissioners and carefully consider who they support in the election this November and in 2020.

The Town is proposing no change in the fees the JIPSD charges to pay for wastewater collection and transportation.   That is, the Town's proposal does not involve the monthly sewer bills many of us in the Town must pay.

So what does the Town propose to change?

What would change is the method by which the JIPSD funds the provision of solid waste collection and fire protection in the Town.   In other words, what would change is the way that the residents and property owners of the Town pay the JIPSD for the provision of those services.

Rather than pay for fire protection and solid waste collection solely by property taxes directly levied by the JIPSD, residents and property owners in the Town would continue to partly pay by property tax but also would partly pay indirectly through their Town government using monies from the taxes, fees, and other revenues already collected by the Town.

What that means is that the Town would directly pay the JIPSD for a portion of the cost of fire protection and solid waste collection on behalf of its residents.   The Town is open to paying the full amount at the beginning of the  JIPSD's fiscal year in July, well before the property tax bills are sent out in October or due in January. 

I believe that the Town could pay as much as $1 million per year, but the exact amount would be determined by Town Council as part of its annual budget process.

The JIPSD Commission could continue to set its millage as usual during its annual budget process based upon the cost of providing services in its entire service area.   Town Council is not asking for any new authority to review or approve the tax millage set by the JIPSD Commissioners.

How would Town taxpayers benefit?   The amount the Town pays for the JIPSD  for services would be distributed to Town property taxpayers as a credit against the JIPSD property tax on the consolidated Charleston County property tax bill. 

The amount of the credit for each property taxpayer would be calculated by  the computers in the County Auditor's office when they print up the tax bills. The funds would be distributed in proportion to the appraised taxable property of each taxpayer in the Town's tax district.   The Town would be responsible for covering the cost of the needed changes in the computer software in the County Auditor's Office.   The County Auditor has always been very cooperative, but has always agreed with the Town that any credit or other change in the JIPSD property tax line on the bill must be approved by the JIPSD Commissioners.

The credit on each bill would be a subtraction from the amount charged by the JIPSD, and so would reduce the amount each taxpayer owes the JIPSD and the total amount paid on the property tax bill to the County Treasurer.

The amount that the Charleston County Treasurer receives from Town taxpayers would be less and  the County Treasurer would pay a smaller amount to the JIPSD. 

The JIPSD would receive less property tax revenue from the Charleston County Treasurer but they would have already received from the Town an amount of money that exactly compensates for that decrease. The total amount of revenue the JIPSD receives from the Town area would be unchanged by the plan.  .

For example, if the plan had been implemented for this tax year, the JIPSD would receive 13% more revenue than last year because of the 13% increase in its millage.   The taxpayers in the Town would pay less than last year because of  the Town credit.   With a $1 million payment from the Town to the JIPSD, there would be an approximate 20% saving for homeowners in the Town compared to last year.

If the JIPSD were to raise its property tax millage in the future, then property tax bills would rise for residents of the Town.    The Town would not be able to always expand its credit enough to offset whatever millage increase the Commissioners find necessary.    However, property taxes would still be less than otherwise because of the credit.   For example, if the Town pays $1 million towards services and the JIPSD does enact the 10% millage increase included in its long run fiscal plan, then even after that tax hike, property taxpayers would still be paying slightly less than they did last year.

It is possible that future Town Councils will find it necessary to reduce the amount of the credit because of other needs and priorities.   On the other hand, growing Town revenues could allow for a larger credit in the future even while the Town is able to expand other services.   Most Town revenues automatically increase with inflation and growing real income.   Because of the millage rollback required by state law, property tax revenues only increase with new development or millage hikes--not with rising home values.

Why the need for the declaratory judgement?   No other municipality and special purpose district have used this approach to reduce the property tax burden.  The legal justification is the South Carolina Constitution's provisions that allow local governments to share the costs of public services and also home rule provisions that require that the Constitution and laws of the state be interpreted in favor of the powers of local government.   The key reason to use tax credits is that the South Carolina Supreme Court has ruled that tax credits are consistent with the provisions of the South Carolina Constitution regarding assessment ratios and uniformity of millage.   Tax credits are the most legally certain route to tax relief as long as any part of the JIPSD remains unincorporated.

The Town retained the Pope Flynn law firm to work on this matter and they are very conservative.  They advise that before the Town and the JIPSD go forward with this plan, we obtain a declaratory judgement from a court to make sure that there are no legal problems. 

So that is the next step.   Working towards a declaratory judgement.   For that to occur, the Town and the JIPSD need to come to an agreement that both would accept if it were legal, both Town Council and the JIPSD Commission must approve it pending a determination of its legality, and then we go to court seeking a declaratory judgement.   Because the benefit of this plan would go to the taxpayers of the Town of James Island, I believe it is entirely appropriate for the Town to cover the full cost of the needed court action.   At this date, there is no realistic chance that this could be complete before the property tax bills go out this October, but we can begin work for the 2020 taxes that will be billed in October 2019.

Most municipalities pay for solid waste collection and fire protection using a variety of revenue sources, including property tax.   Special purpose districts, like the JIPSD, have more limited sources of revenue--property tax and fees.   However, with some creative thinking, it is possible to overcome that restriction and avoid an excessive increases in the property tax burden in the Town while the JIPSD continues to be able to fund its services.

James Island was VERY Lucky--Thank the Lord

In various areas near James Island, NOAA reported at least gusts of tropical force winds Friday night and early Saturday morning.   However, as dawn broke Saturday, there was little damage on James Island and SCE&G reported only a handful of homes without power.   I called JIPSD Fire Chief Seabolt early Saturday and he reported a quiet night. 

The Town's public works director and I drove the major roads on James Island Saturday morning and found a dangerous power line very low on Grimball Road.   It had already been reported, because the fire trucks arrived as we were calling it in.   Otherwise, we saw no serious damage.

Early Saturday, the local forecasts were calling for approximately 3 inches of rain for the day.   In the end, we had 1/2 inch from Florence.

Saturday afternoon and evening, I drove through every neighborhood in the Town and saw no serious damage.   I could see a few places where fallen trees had blocked roads, but they were already cleared away.   However,  I didn't check every street.

Especially those who are returning from evacuation, please use the Charleston County website to report any serious damage. 

https://www.crisistrack.com/public/charlestonSC/citizenRequest.html

The Town will be able to obtain that information from Charleston County EMD.

You may also call Town Hall at 843-795-4141 and leave a message with your address, phone number, and brief description of the problem.

We should all thank the Lord that our Island was spared again.    Do not allow this to make you complacent.   A Category 4 Hurricane coming ashore at Edisto or Johns Island would devastate James Island. 

Wednesday 5 PM Forecast -- Greater Risk for James Island

The 5 PM NOAA report shows a much greater risk for hurricane force winds in the Charleston area.   The probability was 14% this morning and now has increased to 23%.   The most likely time is Friday night and during the day Saturday, but there is also a substantial risk for Sunday.

The probability of some tropical force winds has greatly increased. It is now 82%. It is more likely to be mild, but a more severe tropical storm has a probability of 25% now.

Here is the link:https://www.nhc.noaa.gov/text/refresh/MIAPWSAT1+shtml/212431.shtml

Here is the section for the Charleston area:

18 is 1800 hours or 6 PM, and 6 is in the morning.  Tr is my abbreviation for Thursday. The last three probabilities are found by subtraction.  

The track didn't change much since this morning and still shows it going inland to our north.   Still, it is getting a bit close for comfort.   Some reports did suggest a less severe hurricane as it moves south.   Let us hope.

The Governor's mandatory evacuation for James Island is looking more and more wise.   While there is a small chance of heavy wind developing during the day tomorrow, it is very likely safe to leave now or in the morning.

Evacuation

All of James Island and all of Charleston County is under a mandatory evacuation order from the Governor.

I have been closely following the NOAA probability chart for the Charleston area.

	W   6	W 18	Tr 6	Tr 18	F 6	Sa 6	Su 6
	W 18	Tr  6	Tr 18	F   6	Sa  6	Su 6	M 6
greater than 39 MPH	x	1( 1)	5( 6)	23(29)	23(52)	13(65)	3(68)
greater than 58 MPH	x	X( X)	1( 1)	2( 3)	11(14)	13(27)	4(31)
greater than 74 MPH	x	X( X)	X( X)	X( X)	3( 3)	6( 9)	2(11)
X    = less than 1%
(  )   cumulative probability

This morning at 8, the probability of hurricane force winds in the Charleston area has risen to 11% (up from 3% just two days ago.)    The most likely time is Saturday.   

The chance that we will have at least a mild Tropical Storm in the Charleston area is getting very high, 68%.

There is a good chance it will start Thursday evening, but also Friday through Saturday.

There are at least some models that have the Hurricane moving South along the coast and even going inland to our south.   That is not a high probability according to NOAA, but the result would be devastating to James Island.

The Town will open our alternative MEOC in Greenwood tonight.

I urge everyone, especially those in low lying areas that have flooded in the past, to heed the Governor's order, and evacuate today, if you have not left already.

Boundary Adjustment and the new Folly Road Fire Station

The Chairwoman of the JIPSD Commission, Sandi Engelman, emailed me on August 1 to ask for a meeting regarding their proposed new Fire Station on Folly Road.

I immediately agreed.   The meeting was held at Town Hall on August 8.

I welcomed the JIPSD representatives and invited them to explain what they needed from the Town.  The District Administrator said that the JIPSD had purchased three parcels on Folly Road for their new fire station.   Two of the parcels are in the Town of James Island and one of the parcels is in the City of Charleston.  He explained that he had already met with Mayor Tecklenburg of the City of Charleston and asked that he agree to shift its boundary with the Town so that all three of the parcels would be in the Town. The District Administrator stated that Mayor Tecklenburg had asked that the boundary shift go the other direction, so that the two parcels in the Town would switch to City’s jurisdiction.  The District Administrator reported that he said that he did not want that and that the Mayor of Charleston then agreed to switch the one parcel to the Town   The District Administrator then reported that Mayor Tecklenburg said that he, the District Administrator of the JIPSD, now owed him, the Mayor of the City of Charleston, a favor.

I responded that I am sure that we can come to an agreement.

The architects then broke in and said that they had some questions.   They asked if they could begin the process of site plan review before the pending boundary adjustment.   They stated that they understood that completing a boundary adjustment would take months.  

We on the Town side all agreed that they could begin the process now.

Municipalities are authorized under state law to adjust their boundary by agreement.   Two municipalities that have a contiguous boundary first come to an agreement about a boundary adjustment.   Then each municipality must hold a public hearing and each municipal council must pass an ordinance enacting the agreed boundary adjustment. The soonest these things could be completed on the Town's side would be at the Town’s regular meeting in late October.   Charleston City Council would also have to pass an ordinance implementing the same agreement.  

The architects informed us that the JIPSD intended to combine the three parcels to form a single large parcel.  They asked if this could be done before the boundary adjustment was complete.   The Town’s Planning Director explained that they could, but that they would need to go through both the Town’s and the City of Charleston’s process.   The architects then explained that the combination of the parcels could wait because they did not plan on pulling any permits before the spring of 2019.

The architects said they were ready to leave, and oddly enough, the District Administrator and Commissioners Hollingsworth and Kernodle said they were ready to go as well.   They didn’t seem at all interested in discussing any agreement regarding this favor the JIPSD was requesting from the Town.

I stated that I would talk to members of Council about whether they would agree with this boundary change.   I said that I am sure members of Council would be watching the Commissioners at their upcoming Commission meetings.

Commissioner Hollingsworth asked if I thought there would be any problem with getting Town Council to approve the boundary adjustment.   I repeated that I am sure that Town Council would be watching the Commissioners at their upcoming meetings.

Commissioner Hollingsworth stated that building this new “state of the art” fire station was very important for the safety of James Islanders.   I said that I understand the need for a new fire station.

Commissioner Kernodle accused me of trying to prevent or delay the fire station.  I stated that I was not trying to prevent or delay the new fire station.

Commissioner Hollingsworth asked what I wanted from the JIPSD Commissioners.   I stated that they know what the Town wants from the JIPSD.

Commissioner Hollingsworth said that maybe it was better to have just him and me meet rather than continue discussions with the current group.    I stated that I was willing to meet with him.

Commissioner Kernodle told Commissioner Hollingsworth that she would just talk to Leonard Blank (the Mayor Pro-tem)   She also told Commissioner Hollingsworth to begin recording our conversation on his phone.   She demanded of him “Turn it on.”   He responded “cool your jets.”

Commissioner Hollingsworth apologized to the “young ladies,” for having to listen to this discussion.  (That is, the Town Administrator and Planning Director.  He may have also been referring to the JIPSD’s architects, since both of those attending were women.)

Commissioner Hollingsworth said the Town has asked the JIPSD for things that it just can’t do and stated he wanted a meeting to discuss these matters.    The meeting broke up.   I shook the District Administrator’s hand.   I also shook Commissioner Hollingsworth’s hand and said I was willing to meet with him anytime.   I said goodbye to Commissioner Kernodle.   She left without speaking.

Later that day, the JIPSD wrote the Town again asking if they could begin site plan review.  The Town responded that yes, they may, as we had already agreed at the meeting.  That same day, the Town wrote to add that any boundary adjustment is a Council decision but that the site review process with the Town is necessary regardless whether the fire station is wholly or partly in the Town.   It would be up to the JIPSD to determine if they wished to begin site plan review with the City of Charleston at the same time.  (That would be necessary if Town Council and/or City Council do not approve the boundary adjustment.)

Also, on that same day, I wrote Mayor Tecklenburg.  I thanked him for agreeing to a boundary adjustment that adds territory to the Town at the expense of the City.   I requested that we meet to make a formal agreement between the City and the Town regarding the boundary adjustment to bring to our respective municipal councils.  I explained to him that the architects had said that they didn’t anticipate pulling any permits until next spring, so that there is no real hurry and that Town Council couldn’t get to this before our September 20 meeting.   I suggested that this might be a good time to discuss any other matters of concern between the Town and the City.

As for what the Town wants from the Commissioners, I did not mean to be mysterious.   A decision about a boundary adjustment is a Council decision, and I said that I would be discussing the matter with Council.  What should the JIPSD do in exchange for this favor--having them solely go through the Town's zoning and building inspection process rather than having to go through both the City and Town processes?

My view is that if Commissioners want the Town Council to do this favor, they should do a favor for the taxpayers of the Town of James Island.   On June 10, I wrote then Commission Chair Cubby Wilder with a proposal to have the Town contribute up to a million dollars to pay for PSD services in exchange for a credit against PSD property tax.   The credit would offset the 13% property tax increase they have already levied, most of which is to be used pay back with interest the money they plan to borrow for the new fire station. 

While the Commissioners should care about the taxpayers of the Town, the letter signed by Commissioners Wilder, Kernodle, Hollingswoth, and Engelman on June 19 suggested otherwise.   They were willing to throw $1 million away in a barrage of insults to the Town.     

I also think it is past time for the Commissioners to quit stonewalling on support for legislation in Columbia to allow residents of the unincorporated area of the District to have the opportunity to vote to return to the Town.   

Each member of Council must make their own decision.  If the Commissioners would make a good faith effort to work with the Town, then I, for one, would be willing to vote to adjust the Town's boundary to help out their staff.   As the architects explained, they won't even be pulling permits to break ground until next Spring.  There is plenty of time to work this out. 

Is there a majority of Commissioners interested in mending fences with the Town?

Who is Responsible for Drainage on James Island?

Many residents are confused about who deals with drainage on James Island.

While the answer is not simple, it is not that complicated.

If you reside in the Town of James Island (the Town,) the answer is simple for you. 

Call the Town at (843) 795-4141 or email mjohnson@jamesislandsc.us

The Town's public works department will determine which government body is responsible for solving any reported drainage problems. We will contact the appropriate authority.   If the problem persists, call the Town for an update. 

If you are having problems with the Town, call me at (843) 697-7020 or email mayorwoolsey@gmail.com. If you feel that you are getting the run-around from anyone at the Town, get that person's name and call me.

If you live in the City of Charleston (the City,) you should call City public works at (843) 724-7367.   If you live in an unincorporated area of James Island, call Charleston County (the County.)  Their stormwater hotline is  (843) 202-7639. 

If you are unsure, you can call the Town and we will let you know where you live, forward your issue to the appropriate body, and tell you who it is best to contact in the future.

The James Island Public Service District (JIPSD) has no responsibility for drainage in any part of James Island.  Do not call them about drainage issues.  (They are responsible for fire protection, solid waste collection, and wastewater.   Wastewater is sewer and different from stormwater.)

The Town of James Island is directly responsible for the ditches and piped systems next to and under Town roads and the drainage ditches or piped systems behind or between homes in areas under Town jurisdiction.   Many neighborhood roads are Town roads.   However, many neighborhood roads are SCDOT roads. These are generally older neighborhoods that initially had dirt roads which were paved using state money.   There are even a few Town residents who live on a road owned by the City of Charleston.   Drainage systems outside of the roads often pass through the jurisdiction of the Town, the City of Charleston, Charleston County, and SCDOT.

Maintenance and repairs for the Town's drainage system is my key priority.  I don't want it to be the Town's ditches or pipes that are causing anyone a problem.   However, if you are a Town resident, you don't need to worry about who is directly responsible for your drainage issue.   You need to contact the Town.   We will make sure that it is addressed.

The Town has an intergovernmental agreement with the County for public works.  The County budgets approximately $150,000 per year for their crews to do basic maintenance on the Town's drainage ditches and pipes. The Town is responsible for paying the County for any additional work beyond that limit.  County crews also do repairs on drainage infrastructure in the Town and bill the Town for the work.   The Town has three on call private contractors that do maintenance and repairs on Town drainage infrastructure.   The Town budgets $200,000 per year to pay Charleston County and private contractors.

The Town has also budgeted $400,000 for specific drainage improvement projects  during the current fiscal year.  These funds often form the Town's match for County Transportation Sales Tax funds.  As the Town identifies additional projects, more funds will be budgeted in future years.    We place the items on the budget over the next five years as we obtain cost estimates.

The South Carolina Department of Transportation (SCDOT) is responsible for drainage in their right-of-way.   This includes the ditches and piped systems next to or under SCDOT roads.    All major roads on James Island are SCDOT owned.   That includes Folly, Camp, Harborview, Fort Johnson, Dills Bluff, Secessionville, and Maybank Highway.   Roads within neighborhoods are more complicated.    In many neighborhoods, Lighthouse Point for example, all of the roads belong to SCDOT.   In other neighborhoods, some or all of the roads belong to the local government--either the Town, the City, or the County.   Many SCDOT drainage system do not connect to an outfall (the marsh) but rather connect to Town, City, or County drainage ditches or pipes that convey the water to the outfall.

Last year, Town Council authorized expenditure of up to $100,000 per year for emergency maintenance and repairs on SCDOT drainage infrastructure in areas under the Town's jurisdiction.  We can pay Charleston County or private contractors to do the work.

It is important that Town residents contact the Town about drainage issues.   While you can directly contact Charleston County or SCDOT, they do not have access to the Town's funding or private contractors.   If Charleston County or SCDOT can solve the problem promptly, then it is usually better to let them do it and we will.  But if there are significant delays and the problem is urgent then the Town can bring additional resources.  But that is only possible if the Town has been informed about the issue.

The City of Charleston is directly responsible for drainage next to and under City roads as well as ditches and pipes between and behind homes in areas of City jurisdiction.  Some of the newer neighborhoods on James Island are entirely within the City and and all of their neighborhood roads belong to the City as well.   The City is responsible for all of the drainage--other than what is the responsibility of a private Homeowner's Association.   If you live in a City neighborhood, such as Bayview Farms, any drainage issues should be addressed to the City of Charleston.

Charleston County is directly responsible for drainage in the unincorporated area.   This includes drainage next to and under County owned roads.  It also includes ditches and pipes between and behind homes in the unincorporated area.   On James Island, County roads are those roads in an unincorporated area that do not belong to SCDOT.    When the City annexes an area on James Island, what were County roads become City roads.  When the Town was incorporated in 2012, what were County roads became Town roads.  If the Town annexes any additional areas, the County roads in those areas become Town roads.

There is a monthly stormwater meeting at the James Island Town Hall.   Representatives of the City, County, SCDOT and the Town meet to work together to solve stormwater problems.   Drainage has been an important issue on the James Island Intergovenrmental Council's agenda for the last several years.   The elected officials of James Island--Town, City, County, and State are united in their commitment to work together to solve drainage and flooding problems.

The City, County, and Town are currently working in an intergovernmental agreement to fund an Island-wide delineation of drainage basins.   The County has retained a consultant and the City, County, and Town will be sharing the cost.   The expectation is that approximately 30 basins will be identified.   Further, approximately 1/3 will be identified as areas where further study is likely to be most fruitful.   This process may identify some projects for immediate action.  However, the elected officials of the Town, City, and County will then select one or more basins for more detailed study and the identification of needed repairs and improvements.   Finally, projects will be identified and improvements will be made with cost shared by the Town, City, County, and SCDOT.

The Town's public works department and Town officials and staff keep an eye out for drainage issues.   However, we depend on our residents to also let us know when they see problems.   Please contact the Town, especially regarding drainage issues near your home, street and neighborhood.