James Island, S.C., fights county road widening

Aug 07, 2009 (The Post and Courier - McClatchy-Tribune Information Services via COMTEX) -- ZZFOP | Quote | Chart | News | PowerRating -- The town of James Island, whose very existence is subject to a long-delayed state Supreme Court decision, voted Thursday to take a case of its own to court: a challenge to Charleston County's plans for widening Harbor View Road.

James Island Council voted 4-1 to ask for an injunction against Charleston County's $18 million plans for Harbor View Road. The plan would create new center turning lanes and add right- and left-turn lanes at some of the road's busiest intersections, and right-turn lanes from some side streets, plus extend sidewalks and bicycle lanes.

Mayor Mary Clark argued that the many proposed changes won't really solve traffic woes on Harbor View Road but will bring in more high-density development.

She told council she's been discussing and negotiating for years with county officials and project managers at RoadWise over the scope of the Harbor View Road project. She said both appear oblivious to the town's concerns.

Assistant County Administrator Kurt Taylor said an injunction would be costly for taxpayers. "Construction costs don't go down," he added.

Taylor said the county has already invested $1 million in planning the project and is currently acquiring needed rights of way. The project was approved by a 2004 sales-tax referendum and the county has letters of support for the project from both the town of James Island and the city of Charleston, he asserted.

"We're not going to stop the project or walk away. The voters told us to do this in 2004 and we feel it will make a significant improvement," Taylor said.

Clark said the town has approved only more center turning lanes and bicycle paths. "No one ever thought it would turn into what it's turned into," she said.

Clark said that as a sovereign town, James Island controls its roads. "It's against the law for the county to take over the roads from municipalities" without the municipality's approval, she said.

Taylor said Harbor View Road is state-owned and maintained, and the S.C. Department of Transportation approved the project.

Before backing Clark's call for court intervention, the council overruled her desire not to allow a public speaking segment at the 10 a.m. special council meeting. After hearing from six people in the small audience, some favoring and some opposing an injunction, council pushed aside Councilman Joe Qualey's motion to put off the vote until the next regularly scheduled council meeting.

Residents who spoke included Garrett Milliken, who said RoadWise's plan would make the "beautiful, scenic" Harbor View Road more dangerous and cause the James Island Public Service District to pay for paving. "Why should the town of James Island's residents have to foot the bill for ruining Harbor View Road?" he asked.

Carol Jacobsen questioned the wisdom of seeking an injunction when its costs are unknown. The effort could jeopardize county services, including those of the Sheriff's Office, that the county receives, she warned.

Bob Hamlim pleaded for something to be done to relieve traffic congestion. "You have not lived until you get in your car and take 30 minutes to go (the short distance) from the fire station to the Piggly Wiggly," he said.

Qualey cast the lone "no" vote against pursuing an injunction, arguing that neither town residents nor anyone on council know what the legal battle might cost, what its ramifications could be and what its chances of success are.

"We have been given zero, nothing. We have just a ghost of information with which to base a very, very crucial decision," Qualey said.

But Councilman Bill "Cubby" Wilder said the town has long been treated unfairly by the county, which has denied the town many services, including ditch cleaning and road scraping.

"Now is the time to make a stand against the county," Wilder said.

Qualey's motion to defer the vote was not seconded.

Clark said her decision to ask the courts to halt the road project is well thought-out and not spur of the moment. She insisted further discussions with the county and RoadWise would be pointless. "I have negotiated and negotiated time and time again and to me this is the best decision to do at this time," she said.

She said Town Judge Trent Kernodle, an attorney who has represented the town in its legal battle with Charleston, will represent the town in the effort to get an injunction.

The town first came into being in 1992, but after Charleston filed legal challenges, the incorporation -- and a later second one -- were both ruled invalid by the Circuit Court and the state Supreme Court. The town incorporated for the third time in 2006, and in November a circuit judge gave the town its first-ever court victory against Charleston and ruled the latest incorporation met all legal requirements.

The current incorporation case is awaiting Supreme Court action.

Thursday's special meeting was scheduled after a reporter informed the council that its vote Tuesday to seek an injunction against the Harbor View Road project was not legal. The issue wasn't on the agenda for Tuesday, and so wasn't advertised in advance and the public was afforded no opportunity to comment, all requirements of the Freedom of Information Act.

The Harbor View Road project will make changes only between the two-lane James Island Creek bridge and Mikell Drive. The bridge is wide enough for additional lanes, and until the state approves rebuilding the bridge there's no point to extending the project beyond the bridge, Taylor said.

The section of Harbor View east of Mikell Drive does not have the traffic volume to merit changes now, he said.

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