Reproduced from The
Post and Courier, Charleston, SC (used with permission)
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James Island given OK to vote on incorporationBy: JASON HARDIN Of The Post and Courier StaffOriginally Published on: 03/23/02 Page: A1 More than five years after the first town of James Island disintegrated after a bitter legal fight with the city of Charleston, islanders are set to try again. Secretary of State Jim Miles told town backers Friday that his office has signed off on their application to incorporate, setting the stage for an island-wide referendum on the issue. His announcement touched off cheers from a crowd of a few dozen residents gathered at what had served as the town hall for the first town. They lauded the decision with words laced with bitterness about the demise of the first attempt. "It took five years since the other town was stolen from us. And we've been waiting ever since," said Mary Clark, who for years wore a red shirt in protest of the S.C. Supreme Court's decision to dissolve the first town. "This is a great day for James Isla.nd." A date has not been set for the referendum, which must be held within the next 90 days. Organizers said they face a tight schedule to prepare for the vote but predictedthey will be ready in time. Voters will be asked six questions when they arrive at the polls. The primary decision will be whether to form a new municipality from land on James Island not already in the city of Charleston. Incorporation would require a simple majority of voters, or 50 percent plus one. The other questions involve what the town would be named, what form of government would be used, how officials would be elected, whether elections would be partisan and the length of terms for elected officials. Clark, who has worked for years to prepare for the referendum, predicted a high turnout. "The people will come out," she said. "I expect at least 75 percent will come out to vote and 75 percent will vote yes to James Island." But town backers are braced for another legal challenge if the referendum is successful. Charleston's case against the first town rested on its contention that the town illegally crossed marshes and waterways already claimed by the city. The courts agreed. However, state lawmakers decided in 2000 to allow such areas to be shared by two municipalities, a decision that set the new incorporation effort in motion. Still, town backers are leery. Charleston City Attorney Bill Regan said recently that he believes boundaries of the new town might also be flawed, although he declined to specify why. Miles, though, said his office detected no problems with the potential incorporation. "We're satisfied that y'all are on sound legal footing," he said. "In our opinion, there should not be any legal challenge." Town backers said they hope Charleston - and Mayor Joseph P. Riley, Jr. - will stay out of what they see as their business this time. Many hold Riley personally responsible for the demise of the first town and for the city's aggressive annexation effort on the island. "It's enormously annoying that he considers this island somehow his," said Paul Hadley, an incorporation leader. "We're back again," said Trent Kernodle, the attorney who has been assisting the effort. "We just hope other people respect the rights of the people of James Island." City officials maintain that James Island residents benefit from their proximity to the city. They also say that expanding the city onto the island makes more logistical sense than keeping the current jigsaw puzzle of city and James Island Public Service District boundaries. City spokeswoman Barbara Vaughn said Friday that Riley was taking a trip with his family and could not be reached. Miles said he spoke with city officials about the incorporation proposal earlier during the week, although Vaughn said she was unaware of the final decision. Many of the residents who attended the announcement said they blame the city for allowing more development on the island as it annexed. They contend the city sees James Island as little more than an opportunity to expand its tax base. Islander Steve Bates pointed across Folly Road to the din of a Walgreens under construction as he elaborated on the theory. "That noise is what we need to stop over here - too much building," he said. Others reminisced about the way the island was. Mary Bates, Steve Bates' mother, said she and her husband moved to James Island some 50 years ago. Then, it was all tomato fields and dirt roads, she said. Since then, the town has turned into a suburban boomtown. About 30,000 residents call the island home, but most don't live in the city. "We want our James Island back," Mary Bates said. "We know we can't have it back the way it was, but we want our town back." The new town, if approved by voters, would stretch from the northern end of the island all the way down to the smaller islands clustered along its southern border. Miles, who is running for the Republican nomination for governor, did not mention his campaign during Friday's visit. |
Reproduced from The
Post and Courier, Charleston, SC (used with permission)
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