Johns Island water line could be put to a vote

Utility customers petition for input The battle over building a large and controversial 12-mile-long waterline on Johns Island soon could climax in an unprecedented public vote, one that could shed new light on what some consider the island's most secretive agency. Several customers of the St. Johns Water Co. are circulating a petition calling for a special election that would ask the utility's 3,700 customers whether they want to scuttle its plans for the proposed waterline. Controversy over the waterline is nothing new: A county zoning board voted it down, but a circuit judge reversed that decision in a ruling now under appeal. Proponents say the line must be built so the utility's existing customers can be served adequately, especially during summer. Opponents say its size, some 30 inches in diameter, is larger than what's needed and would pave the way for developing large rural tracts. The passions stirred by the waterline have focused new attention on one of the Lowcountry's more low-profile public corporations. Founded in 1975, the water company has about 10 employees and is owned by its customers. It's attention the utility didn't seek and doesn't seem to want. Guy Buckner, who has chaired the water company's board for about 20 years, said the St. Johns Water Co. isn't subject to the Freedom of Information Act, the state law that requires local governments to share certain information with the public. "We don't have to give out information. They can get the information by going to other sources, and if they want it bad enough, they can dig to get it. But we don't pass out information if we can help it," Buckner said. Opponents said the board's insular nature has made it lose touch with island residents, a growing number of whom worry about maintaining the island's rural character. "It's a situation where we, the owners of the water company, don't even get a chance to go to a meeting to talk with them," said Sam Brownlee, who ran for a seat on the water board last year and lost. "Obviously, we'll have to open a door somehow. I guess this (petition drive) is one way of doing it." Brownlee said he began paying more attention to the utility because of the waterline dispute, but he faced several roadblocks. "You can go to the meeting, but you have to state a reason as to what you want to talk about, then they'll get back in touch with you. In other words, if they don't like the subject, they might not invite you. Convenient, eh?" Brownlee said. "You can't even get a copy of the minutes." Buckner said Thursday that he is aware of the petition, "and I'm sorry for those misguided souls. ... I think if you would poll the island, you would find more in favor (of the new waterline) than against." John Kozma, a lawyer who owns property on the island, is leading the drive. He said the company is governed by the Farmers Home Administration Act of 1961, which has a provision that allows members to vote on a specific proposition. Kozma said if more than 10 percent of the utility's customers sign on, then the board must call a meeting within 45 days to vote on the issue. The issue, according to the petition, is whether the company "shall immediately abandon its plan to construct a 30 inch waterline along River Road, and shall make no plans to construct another waterline that exceeds the needs of the current membership unless such new waterline is certified by the Charleston County Planning Director as being in compliance with the goals of the Charleston County Comprehensive Plan." The waterline would cross the Stono River from James Island and stretch 12 miles along River Road to Bohicket Road. Besides serving Seabrook and a shopping center under construction near Kiawah, it would be large enough to provide water to tens of thousands of new homes on the island. Both the petition supporters and the Coastal Conservation League, the environmental group leading the court fight against the waterline, agree a new line is needed. They just want a smaller one. "We are certainly willing to work with them on a more appropriate alternative," said Megan Terebus of the Coastal Conservation League. Terebus said a 30-inch waterline would provide more than 3.5 million gallons of water per day, more than the population of Johns Island uses, and the demands from Kiawah and Seabrook are not expected to increase during the next 25 years. Kozma also said a 30-inch line is much more than what is needed to supply ample water to the lots already platted and to Kiawah and Seabrook islands, which are wholesale customers of the water company. He also objected to the plans for financing the waterline. "They're going to get a loan, and they have got a tap-in fee that they've calculated. If they get 4,000 residents to pay this tap-in fee, that will cover the amount of the loan. But they're not going to get that 4,000 tap-in fees right away, and until they do, it's going to be the residents of Johns Island who will pay the interest on that bond with no benefit to themselves," he said. "This petition is a chance for them to have some say in that matter." Buckner declined to answer some questions about the waterline Thursday, citing the pending lawsuit. But he apparently is correct about the water company not being subject to the state Freedom of Information Act, even though it receives public money, such as federal grants, according to Bill Rogers of the S.C. Press Association. "Probably they would not be subject to the FOIA," Rogers said. "People get federal grants. It doesn't make them a public body, by definition." Water company attorney Gaines Smith noted: "We're not a city, county, state or municipal organization. We borrow money from the federal government, but that's just like borrowing money from the bank." Smith said he had not reviewed the law surrounding a petition drive such as the one now under way, so he had no opinion of its legality. Kozma said he is optimistic about the chances of success with the petition, "but I don't think this is a sure thing that we're going to beat it." What does seem clear is that if customers succeed in calling an election on the waterline, it could be the best attended and most scrutinized gathering in the St. Johns Water Co.'s 28-year history. "That same water board has been running the show there for so long," Kozma said, "and they're finally doing something controversial."

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