Please take a few minutes to give thanks for all of our blessings.
Thank you for allowing me to serve as your mayor.
Thursday, November 28, 2013
Wednesday, November 27, 2013
Camp Road is Open Through the Holiday Weekend
Camp Road opened early this morning and will remain open for the holiday weekend. Next Monday, December 2, work will resume. There remains work to be done on the sewer pipe and there may be further road repairs. Hopefully, the work on the intersection will be done at night.
Dills Bluff remains closed at the northeast side of the intersection.
Dills Bluff remains closed at the northeast side of the intersection.
Town Elections to be July 29, 2014
Town Council voted unanimously for first reading of an ordinance that sets Town elections on the last Tuesday of July of even years. Assuming it passes second and final reading at the December meeting, the Mayor and all four members of Council will be up for election on July 29, 2014.
In the incorporation election on April 24, 2012, voters chose four year terms for Mayor and Council. However, the South Carolina Code mandates that the first term of office for all elected officials in a newly-formed municipality is two years. The four year terms will apply in the future.
There is also a provision of the South Carolina Code that allows staggered terms to be introduced at the first election. The Town ordinance before Council makes no provision for staggered terms.
If we had staggered terms, then in the future, each member of Council would have a four year term, but every two years, the voters would elect two members. This benefits voters by allowing them to provide more frequent feedback to elected officials. The other advantage of staggered terms is that there will always be at least two experienced members of Council after an election.
Unfortunately, to have staggered terms it is necessary for two of the members of Council elected in 2014 to only have a two year term and face challengers in the 2016 elections. The other two members of Council and the Mayor will be up for reelection in 2018. Of course, the members of Council elected in 2016 will have full four year terms, only coming up again in 2020.
In other election news, Council voted unanimously to request that the Charleston County Election Commission serve as the Town's Election Commission. This was strongly advocated at the October meeting by Faye Lohr and Donna Parrish, who had served the Managers of Election for the Town's incorporation election in April 2012 and the election of Mayor and Council in July, 2012. The Town's request now goes to Charleston County Council for its approval.
The last July of even years is a busy time for elections. It is between the primary and general election for either Governor or President. The Town borrows the Charleston County Election Commission's machines. While the County Election Commission's staff understands the need to hold our election on July 29 in 2014, they suggested that we consider moving the date for future elections. They also pointed out that the Town could save on election costs by having our elections on the same date as other municipalities.
I plan to ask Council to revisit the election law in the Spring. Those elected to Council in 2014 should know if two of them might have a two year term to allow for staggering. Also, if there is going to a change in the date of future elections after July 29, 2014, both candidates and voters should know. Please watch for further news.
P.S. I am seeking reelection in 2014.
In the incorporation election on April 24, 2012, voters chose four year terms for Mayor and Council. However, the South Carolina Code mandates that the first term of office for all elected officials in a newly-formed municipality is two years. The four year terms will apply in the future.
There is also a provision of the South Carolina Code that allows staggered terms to be introduced at the first election. The Town ordinance before Council makes no provision for staggered terms.
If we had staggered terms, then in the future, each member of Council would have a four year term, but every two years, the voters would elect two members. This benefits voters by allowing them to provide more frequent feedback to elected officials. The other advantage of staggered terms is that there will always be at least two experienced members of Council after an election.
Unfortunately, to have staggered terms it is necessary for two of the members of Council elected in 2014 to only have a two year term and face challengers in the 2016 elections. The other two members of Council and the Mayor will be up for reelection in 2018. Of course, the members of Council elected in 2016 will have full four year terms, only coming up again in 2020.
In other election news, Council voted unanimously to request that the Charleston County Election Commission serve as the Town's Election Commission. This was strongly advocated at the October meeting by Faye Lohr and Donna Parrish, who had served the Managers of Election for the Town's incorporation election in April 2012 and the election of Mayor and Council in July, 2012. The Town's request now goes to Charleston County Council for its approval.
The last July of even years is a busy time for elections. It is between the primary and general election for either Governor or President. The Town borrows the Charleston County Election Commission's machines. While the County Election Commission's staff understands the need to hold our election on July 29 in 2014, they suggested that we consider moving the date for future elections. They also pointed out that the Town could save on election costs by having our elections on the same date as other municipalities.
I plan to ask Council to revisit the election law in the Spring. Those elected to Council in 2014 should know if two of them might have a two year term to allow for staggering. Also, if there is going to a change in the date of future elections after July 29, 2014, both candidates and voters should know. Please watch for further news.
P.S. I am seeking reelection in 2014.
Tuesday, November 26, 2013
Intersection at Camp and Dills Bluff Closed
The Intersection of Camp and Dills Bluff is closed. Unless we hear different, I would anticipate at least several days.
The James Island Public Service District had a contractor working on a sewer pipe last night. They were working under a water main. When they stopped work early this morning, it was in good shape. However, later this morning, the water main broke.
The work site was flooded most of the day. The water was turned off. The water pipe should be repaired and those who have lost water service should regain it
Unfortunately, the water from the broken water main has undermined the intersection of Camp and Dills Bluff. It is too dangerous for vehicles to cross.
Please watch for further news.
Folly Road Overlay District Approved
Town Council voted 3 to 1 in favor of the second and final reading of the amendments to the Folly Road Overlay Zoning District last Thursday. Councilmen Blank and Mullinax joined me in voting in favor. Councilwoman Berry voted against. Councilman Kernodle was absent.
The Folly Road Overlay Zoning District is part of the Town's Zoning and Subdivision Regulation Ordinance. The newly approved version is located in Chapter 5.
During the public comment period last Thursday, Planning Commission Vice-Chairman Garrett Milliken spoke against Council approving the plan. He had a series of complaints. For example, we didn't give a power point presentation to Council and the public. (Of course, he didn't complain when Council approved all the other 11 Chapters without power point presentations.)
However, he seemed especially concerned that Council didn't approve the list of additional prohibited uses that had been recommended by the Planning Commission.
The way he described it was misleading. He claimed that Council was voting to permit a variety of uses on Folly Road. Among the uses Council was supposedly permitting were billboards and tattoo parlors.
In truth, the approved version of the Folly Road Overlay Zoning District describes the permitted uses on Folly Road. These vary depending on the location. In the Commercial Core, which runs from Ellis Drive to Prescott Street, and is centered at the Camp and Folly intersection, Community Commercial uses are permitted. Here is the map. The permitted uses in all Town zoning districts can be found in the Use Table.
In the South Village, which runs from Prescott Street to Raphael Lane, Office Residential and Neighborhood Commercial uses are permitted. The Town's jurisdiction doesn't go all the way to Raphael Lane and stops just north of Emmanuel Baptist Church.
Billboards and tattoo parlors are not permitted on any part of Folly Road in the Town of James Island.
Why did Commissioner Milliken testify that Council was about to vote to allow billboards and tattoo parlors?
I think there are two possibilities.
One is that he was mistaken. He believes that because Council did not approve a list of additional prohibited uses, all of those uses are somehow now permitted in the Overlay District.
I was at a meeting of the Planning Commission where the Town's Planner, Kristen Crane, explained to him and the other Commissioners that failing to add additional prohibitions in the Overlay District does not make everything permitted. He appeared to just ignore her. Of course, so did the rest of the Commissioners and they continued to flail around discussing this very issue. In the end, Robin Hardin read something in the draft ordinance that stated what should have been obvious and what the Town's Planner had already explained. Removing a use from the list of prohibited uses doesn't make it permitted, unless it were already permitted in the underlying zone.
This is certainly very troubling. The Vice-Chairman of the Planning Commission gave mistaken testimony to Town Council. Fortunately, Councilman Blank, the Chairman of the Town's Land Use Committee and former Chairman of the Town's Planning Commission, was there to correct Milliken's error.
However, if Commissioner Milliken is still confused on this matter, it would lead me to question his competency to make useful recommendations to Town Council.
Unfortunately, there is a second possibility, one that is even more troubling. Could it be that Commissioner Milliken gave false testimony before Town Council with the intention to mislead and deceive?
Incredibly, Commissioner Milliken is continuing his quixotic quest to ban gun shops from Folly Road. In one of the more puzzling episodes of this saga, Councilwoman Berry tried to round up votes on Council to block all of the prohibited uses. Councilman Mullinax was pleasantly surprised, telling me how remarkable it was that a liberal Democrat like Berry would vote with a conservative Republican like himself. He expected that the vote to remove gun shops from the list of prohibited uses would be unanimous.
I was skeptical. I had already heard from Councilman Blank that he was told by Councilwoman Berry that he had to support her effort to ban gun shops or she would vote to allow tattoo parlors on Folly Road. Councilman Blank refused the deal, and it seemed to me that Councilwoman Berry was carrying out her threat. Tattoo parlors were on the list of prohibited uses. Of course, I wasn't surprised when Councilwoman Berry cast the sole vote in October to include the entire list of prohibited uses that had been recommended by the Planning Commission, including both gun shops and tattoo parlors.
Does Councilwoman Berry seem like someone who would come up with such a convoluted and manipulative plan? I would hate to think so.
Would Planning Commissioner Milliken try to manipulate Town Council to use our Zoning and Subdivision Ordinance to promote his gun control agenda?
What do you think?
The Folly Road Overlay Zoning District is part of the Town's Zoning and Subdivision Regulation Ordinance. The newly approved version is located in Chapter 5.
During the public comment period last Thursday, Planning Commission Vice-Chairman Garrett Milliken spoke against Council approving the plan. He had a series of complaints. For example, we didn't give a power point presentation to Council and the public. (Of course, he didn't complain when Council approved all the other 11 Chapters without power point presentations.)
However, he seemed especially concerned that Council didn't approve the list of additional prohibited uses that had been recommended by the Planning Commission.
The way he described it was misleading. He claimed that Council was voting to permit a variety of uses on Folly Road. Among the uses Council was supposedly permitting were billboards and tattoo parlors.
In truth, the approved version of the Folly Road Overlay Zoning District describes the permitted uses on Folly Road. These vary depending on the location. In the Commercial Core, which runs from Ellis Drive to Prescott Street, and is centered at the Camp and Folly intersection, Community Commercial uses are permitted. Here is the map. The permitted uses in all Town zoning districts can be found in the Use Table.
In the South Village, which runs from Prescott Street to Raphael Lane, Office Residential and Neighborhood Commercial uses are permitted. The Town's jurisdiction doesn't go all the way to Raphael Lane and stops just north of Emmanuel Baptist Church.
Billboards and tattoo parlors are not permitted on any part of Folly Road in the Town of James Island.
Why did Commissioner Milliken testify that Council was about to vote to allow billboards and tattoo parlors?
I think there are two possibilities.
One is that he was mistaken. He believes that because Council did not approve a list of additional prohibited uses, all of those uses are somehow now permitted in the Overlay District.
I was at a meeting of the Planning Commission where the Town's Planner, Kristen Crane, explained to him and the other Commissioners that failing to add additional prohibitions in the Overlay District does not make everything permitted. He appeared to just ignore her. Of course, so did the rest of the Commissioners and they continued to flail around discussing this very issue. In the end, Robin Hardin read something in the draft ordinance that stated what should have been obvious and what the Town's Planner had already explained. Removing a use from the list of prohibited uses doesn't make it permitted, unless it were already permitted in the underlying zone.
This is certainly very troubling. The Vice-Chairman of the Planning Commission gave mistaken testimony to Town Council. Fortunately, Councilman Blank, the Chairman of the Town's Land Use Committee and former Chairman of the Town's Planning Commission, was there to correct Milliken's error.
However, if Commissioner Milliken is still confused on this matter, it would lead me to question his competency to make useful recommendations to Town Council.
Unfortunately, there is a second possibility, one that is even more troubling. Could it be that Commissioner Milliken gave false testimony before Town Council with the intention to mislead and deceive?
Incredibly, Commissioner Milliken is continuing his quixotic quest to ban gun shops from Folly Road. In one of the more puzzling episodes of this saga, Councilwoman Berry tried to round up votes on Council to block all of the prohibited uses. Councilman Mullinax was pleasantly surprised, telling me how remarkable it was that a liberal Democrat like Berry would vote with a conservative Republican like himself. He expected that the vote to remove gun shops from the list of prohibited uses would be unanimous.
I was skeptical. I had already heard from Councilman Blank that he was told by Councilwoman Berry that he had to support her effort to ban gun shops or she would vote to allow tattoo parlors on Folly Road. Councilman Blank refused the deal, and it seemed to me that Councilwoman Berry was carrying out her threat. Tattoo parlors were on the list of prohibited uses. Of course, I wasn't surprised when Councilwoman Berry cast the sole vote in October to include the entire list of prohibited uses that had been recommended by the Planning Commission, including both gun shops and tattoo parlors.
Does Councilwoman Berry seem like someone who would come up with such a convoluted and manipulative plan? I would hate to think so.
Would Planning Commissioner Milliken try to manipulate Town Council to use our Zoning and Subdivision Ordinance to promote his gun control agenda?
What do you think?
Monday, November 25, 2013
The Community Hero Award
James Island Pride is sponsoring The Community Hero Award.
James Island Pride is committed to developing and supporting litter control, recycling and beautification projects for the neighborhoods on James Island. The Community Hero Award allows us to acknowledge and thank volunteers who have given significant time, talent and energy to our community over the course of at least one year's time.
Individuals, neighborhood associations, non-profit organizations, homeowners associations and schools who are located on James Island, whether in the Town of James Island, City of Charleston or unincorporated areas of James Island.
Please find the nomination form here.
Please nominate a James Island Community Hero.
And give a big thank you to James Island Pride Chairman Grant Scurry and Council Liaison Mary Beth Berry.
Sunday, November 24, 2013
Petition Drive Success!
Town Council unanimously certified that more than 25 percent of the qualified electors of the West Fort Johnson and East Lighthouse point areas signed a petition to annex to the Town. There were 81 verified signatures out of 271 qualified voters, which is nearly 30 percent.
The annexation election is tentatively scheduled for February 4, 2014.
West Fort Johnson
The annexation election is tentatively scheduled for February 4, 2014.
West Fort Johnson
East Lighthouse Point
If the majority of those voting in the election choose to rejoin the Town, then we will have made the first step in reuniting the Town.
Friday, November 22, 2013
Residency Requirements for the James Island Planning Commission
City of Charleston resident Robin Hardin has retained an attorney to fight the Town of James Island. She wants to be a Town of James Island Planning Commissioner for the next ten months.
How did this happen?
When the Town was reincorporated for the fourth and final time, I believed that it was important to appoint a Planning Commission right away. In my view, it was essential that there be no disruption in planning services for the residents of our Town. But I also felt that it was my responsibility to have those planning services governed according to the Town's own Zoning and Subdivision Regulation Ordinance. Not some new ordinance, but rather the Ordinance that had applied just a year before. There is a process mandated by the South Carolina Code. To make our Ordinance apply again, it had to be recommended by the Town's Planning Commission. After that, we would have a public hearing and Town Council could pass the Ordinance again.
How could we get the Planning Commission up and running in a matter of weeks? The simple answer was to reappoint the Planning Commissioners who had been serving the Town just a year ago.
Unfortunately, many of them lived in the areas that had been left out of the fourth incorporation. Could they be reappointed anyway? I discussed the matter with Councilman Blank. We checked with the Charleston County Planning Department. They looked at the Town's Zoning and Subdivision Regulation Ordinance and the South Carolina Code governing planning commissions. Neither included a residency requirement.
I convinced myself that it was very much a good thing to reappoint former Planning Commissioners and members of the Board of Zoning of Appeals who lived in those areas that were no longer included in the Town. Why? Because one of my key goals--one of my key duties--was to return their neighborhoods to the Town. Having members of our Planning Commission and Board of Zoning Appeals in those neighborhoods could help the Town with future petition drives and annexation elections. And since they are going to be in the Town again anyway, they would be recommending regulations and making decisions that will soon apply to themselves and their neighbors.
Me? I nominated Ed Lohr to the Planning Commission, someone who is well qualified, lives in the Town, and who had not served on the James Island Planning Commission before. For the Board of Zoning Appeals, I nominated Jim Fralix. He lives in the Town and was returning to the Town's BZA where he had served just the year before.
But I strongly suggested that the new members of Council--Troy Mullinax, Mary Beth Berry, and Sam Kernodle--seriously consider veteran members of the Planning Commission, even if they lived outside the Town. I believe Councilman Blank was encouraging the same. I appreciate that Councilman Mullinax nominated Margarite Neal. Neal had served on the Planning Commission in the second and third incorporations, but lives in Riverland Terrace--a neighborhood we want back. I was talking up Liz Singleton, who was Chairman of the Planning Commission in the third incorporation, but lives in the Grimball Road area. Ernest Parks, from Sol Legare, was another former James Island Planning Commissioner who would have been an excellent choice.
I still remember when Susan Milliken, Garret Milliken, Councilwoman Berry, and Robin Hardin all appeared before me at Town Hall and broke the news. Councilwoman Berry, having been told that she could nominate someone who didn't live in the Town, was going to propose Robin Hardin. Of course, I knew that Robin Hardin lived in the City of Charleston. I knew that she lived in Fort Johnson Estates. I knew that she was very much involved in working with Susan Milliken, Garret Milliken, and Councilwoman Berry in their effort to block the Harbor View Road project.
What could I say? I had just suggested appointing people who didn't live in the Town. Of course, I had in mind someone with experience on the Town's Planning Commission who lived in an area that had been in the Town and that we hoped to return to the Town. While I am all in favor of cooperating with the City of Charleston, appointing people from the City of Charleston to our Planning Commission or Board of Zoning Appeals was not something I saw as having any value.
My view was that it was up to Councilwoman Berry. How does that work? I supported, and still support, allowing each member of Council to nominate someone to the Planning Commission and then have the rest of Council vote for them as a matter of courtesy. If Councilman Berry wanted to appoint a political ally who lives in the City of Charleston, then the answer is to elect someone else to Town Council. She is on Council now, and I thought that I, and the rest of Council, should let her have her preferred representative on the Planning Commission. (I am having second thoughts about this approach.)
After Hardin and Milliken started pushing stricter tree regulations, some citizens, including some of Hardin's neighbors in Fort Johnson Estates, complained. How can a citizen of the City of Charleston serve on the Town's Planning Commission? How can someone vote to impose stricter regulations on their neighbors' yards than apply to their own property?
I explained what we were told by the Charleston County Planning Department months ago and pointed out that Berry appointed Hardin. If they have a problem with Hardin, talk to Berry. But I also asked our former Town Administrator, Hal Mason, to look into it more. Some of the arguments from our citizens made a lot of sense to me. Is it really legal to appoint nonresidents to the Planning Commission?
The Town Administrator contacted the South Carolina Municipal Association, who sent a copy of an Attorney General's opinion. The opinion was from 2007. The City Council of Woodruff, South Carolina, passed an ordinance requiring that all members of their Planning Commission be residents of the City and own property in the City. The Planning Commission wrote the Attorney General complaining that the new rules cut short the terms of those Planning Commissioners who were not residents. Henry McMaster, the South Carolina Attorney General, said that requiring property ownership runs afoul of the U.S. Constitution, but there was no problem with cutting short the terms of Planning Commissioners who were not residents. He believed that the South Carolina Constitution implied a residency requirement even if it was not included in a city ordinance.
I thought it was clear as could be. I told Councilwoman Berry about it. I discussed it with Councilman Blank as well. He suggested we get a new Attorney General's opinion. I discussed this with the Town Attorney, Bo Wilson. Wilson said that there is no point is asking for a new opinion, because the existing opinion was so clear.
I procrastinated a bit. In truth, I didn't want to lose Margarite Neal from the Planning Commission. But in the end, I had sworn an oath of office to support the South Carolina Constitution. In my view, both Robin Hardin and Margarite Neal were not legal members of the Town's Planning Commission. I discussed the matter with the Town Attorney, who suggested that he explain the situation to Neal and Hardin, Surely, it would be obvious to them that the best course of action would be for them to resign.
Margarite Neal, who has been a loyal supporter of the Town, did the right thing and resigned. Town Council voted unanimously to appoint Bill Lyon, a resident of the Town, to fill the vacancy.
Robin Hardin, resident of the City of Charleston, has retained an attorney to fight the Town of James Island and the South Carolina Constitution.
A loyal supporter of the Town? Not a bit. Hardin is threatening the Town to hold onto an office where she doesn't belong. It is a disgrace.
And Councilwoman Berry? So far, she continues to support Robin Hardin.
Town Council voted 3 to 1 to ask the Planning Commission to make a recommendation regarding an amendment to the Town's Zoning and Subdivision Regulation Ordinance to impose a residency requirement and remove those who are not residents from the Planning Commission and Board of Zoning Appeals.
Who voted no? Councilwoman Berry.
The Planning Commission will make a recommendation one way or another. Because of the notification requirement, the public hearing on the amendment will likely be in January and there will be a first reading on an ordinance adopting the amendment. Second reading will be in February.
Will it pass? We will see. My guess is that the residency requirement will pass, but there will be an effort to let Robin Hardin serve out her term. Isn't a provision that removes people who are not residents of the Town a no-brainer? What happens when people move out of Town?
In my view, Robin Hardin is not on the James Island Planning Commission. As Attorney General McMaster explained in 2007, the South Carolina Constitution trumps any ordinance we might pass. What does that mean? To me, it means that her vote just doesn't count.
If Councilwman Berry refuses to make a nomination, I am more than willing to let her leave the position vacant. Waiting until after Councilman Berry must face the voters of the Town of James Island to make a new appointment to the Planning Commission is probably the least bad option.
I apologize for failing to completely research this matter when the Town was first formed.
When Councilwoman Berry, Susan and Garret Milliken and Robin Hardin came up to me to tell me Berry wanted us to appoint Hardin, I should have said that it was wrong. Rather than vote for Berry's nomination of Hardin as a matter of courtesy, I should have voted no.
I apologize. I am working to rectify the error. Please encourage the rest of Town Council to do the same.
How did this happen?
When the Town was reincorporated for the fourth and final time, I believed that it was important to appoint a Planning Commission right away. In my view, it was essential that there be no disruption in planning services for the residents of our Town. But I also felt that it was my responsibility to have those planning services governed according to the Town's own Zoning and Subdivision Regulation Ordinance. Not some new ordinance, but rather the Ordinance that had applied just a year before. There is a process mandated by the South Carolina Code. To make our Ordinance apply again, it had to be recommended by the Town's Planning Commission. After that, we would have a public hearing and Town Council could pass the Ordinance again.
How could we get the Planning Commission up and running in a matter of weeks? The simple answer was to reappoint the Planning Commissioners who had been serving the Town just a year ago.
Unfortunately, many of them lived in the areas that had been left out of the fourth incorporation. Could they be reappointed anyway? I discussed the matter with Councilman Blank. We checked with the Charleston County Planning Department. They looked at the Town's Zoning and Subdivision Regulation Ordinance and the South Carolina Code governing planning commissions. Neither included a residency requirement.
I convinced myself that it was very much a good thing to reappoint former Planning Commissioners and members of the Board of Zoning of Appeals who lived in those areas that were no longer included in the Town. Why? Because one of my key goals--one of my key duties--was to return their neighborhoods to the Town. Having members of our Planning Commission and Board of Zoning Appeals in those neighborhoods could help the Town with future petition drives and annexation elections. And since they are going to be in the Town again anyway, they would be recommending regulations and making decisions that will soon apply to themselves and their neighbors.
Me? I nominated Ed Lohr to the Planning Commission, someone who is well qualified, lives in the Town, and who had not served on the James Island Planning Commission before. For the Board of Zoning Appeals, I nominated Jim Fralix. He lives in the Town and was returning to the Town's BZA where he had served just the year before.
But I strongly suggested that the new members of Council--Troy Mullinax, Mary Beth Berry, and Sam Kernodle--seriously consider veteran members of the Planning Commission, even if they lived outside the Town. I believe Councilman Blank was encouraging the same. I appreciate that Councilman Mullinax nominated Margarite Neal. Neal had served on the Planning Commission in the second and third incorporations, but lives in Riverland Terrace--a neighborhood we want back. I was talking up Liz Singleton, who was Chairman of the Planning Commission in the third incorporation, but lives in the Grimball Road area. Ernest Parks, from Sol Legare, was another former James Island Planning Commissioner who would have been an excellent choice.
I still remember when Susan Milliken, Garret Milliken, Councilwoman Berry, and Robin Hardin all appeared before me at Town Hall and broke the news. Councilwoman Berry, having been told that she could nominate someone who didn't live in the Town, was going to propose Robin Hardin. Of course, I knew that Robin Hardin lived in the City of Charleston. I knew that she lived in Fort Johnson Estates. I knew that she was very much involved in working with Susan Milliken, Garret Milliken, and Councilwoman Berry in their effort to block the Harbor View Road project.
What could I say? I had just suggested appointing people who didn't live in the Town. Of course, I had in mind someone with experience on the Town's Planning Commission who lived in an area that had been in the Town and that we hoped to return to the Town. While I am all in favor of cooperating with the City of Charleston, appointing people from the City of Charleston to our Planning Commission or Board of Zoning Appeals was not something I saw as having any value.
My view was that it was up to Councilwoman Berry. How does that work? I supported, and still support, allowing each member of Council to nominate someone to the Planning Commission and then have the rest of Council vote for them as a matter of courtesy. If Councilman Berry wanted to appoint a political ally who lives in the City of Charleston, then the answer is to elect someone else to Town Council. She is on Council now, and I thought that I, and the rest of Council, should let her have her preferred representative on the Planning Commission. (I am having second thoughts about this approach.)
After Hardin and Milliken started pushing stricter tree regulations, some citizens, including some of Hardin's neighbors in Fort Johnson Estates, complained. How can a citizen of the City of Charleston serve on the Town's Planning Commission? How can someone vote to impose stricter regulations on their neighbors' yards than apply to their own property?
I explained what we were told by the Charleston County Planning Department months ago and pointed out that Berry appointed Hardin. If they have a problem with Hardin, talk to Berry. But I also asked our former Town Administrator, Hal Mason, to look into it more. Some of the arguments from our citizens made a lot of sense to me. Is it really legal to appoint nonresidents to the Planning Commission?
The Town Administrator contacted the South Carolina Municipal Association, who sent a copy of an Attorney General's opinion. The opinion was from 2007. The City Council of Woodruff, South Carolina, passed an ordinance requiring that all members of their Planning Commission be residents of the City and own property in the City. The Planning Commission wrote the Attorney General complaining that the new rules cut short the terms of those Planning Commissioners who were not residents. Henry McMaster, the South Carolina Attorney General, said that requiring property ownership runs afoul of the U.S. Constitution, but there was no problem with cutting short the terms of Planning Commissioners who were not residents. He believed that the South Carolina Constitution implied a residency requirement even if it was not included in a city ordinance.
I thought it was clear as could be. I told Councilwoman Berry about it. I discussed it with Councilman Blank as well. He suggested we get a new Attorney General's opinion. I discussed this with the Town Attorney, Bo Wilson. Wilson said that there is no point is asking for a new opinion, because the existing opinion was so clear.
I procrastinated a bit. In truth, I didn't want to lose Margarite Neal from the Planning Commission. But in the end, I had sworn an oath of office to support the South Carolina Constitution. In my view, both Robin Hardin and Margarite Neal were not legal members of the Town's Planning Commission. I discussed the matter with the Town Attorney, who suggested that he explain the situation to Neal and Hardin, Surely, it would be obvious to them that the best course of action would be for them to resign.
Margarite Neal, who has been a loyal supporter of the Town, did the right thing and resigned. Town Council voted unanimously to appoint Bill Lyon, a resident of the Town, to fill the vacancy.
Robin Hardin, resident of the City of Charleston, has retained an attorney to fight the Town of James Island and the South Carolina Constitution.
A loyal supporter of the Town? Not a bit. Hardin is threatening the Town to hold onto an office where she doesn't belong. It is a disgrace.
And Councilwoman Berry? So far, she continues to support Robin Hardin.
Town Council voted 3 to 1 to ask the Planning Commission to make a recommendation regarding an amendment to the Town's Zoning and Subdivision Regulation Ordinance to impose a residency requirement and remove those who are not residents from the Planning Commission and Board of Zoning Appeals.
Who voted no? Councilwoman Berry.
The Planning Commission will make a recommendation one way or another. Because of the notification requirement, the public hearing on the amendment will likely be in January and there will be a first reading on an ordinance adopting the amendment. Second reading will be in February.
Will it pass? We will see. My guess is that the residency requirement will pass, but there will be an effort to let Robin Hardin serve out her term. Isn't a provision that removes people who are not residents of the Town a no-brainer? What happens when people move out of Town?
In my view, Robin Hardin is not on the James Island Planning Commission. As Attorney General McMaster explained in 2007, the South Carolina Constitution trumps any ordinance we might pass. What does that mean? To me, it means that her vote just doesn't count.
If Councilwman Berry refuses to make a nomination, I am more than willing to let her leave the position vacant. Waiting until after Councilman Berry must face the voters of the Town of James Island to make a new appointment to the Planning Commission is probably the least bad option.
I apologize for failing to completely research this matter when the Town was first formed.
When Councilwoman Berry, Susan and Garret Milliken and Robin Hardin came up to me to tell me Berry wanted us to appoint Hardin, I should have said that it was wrong. Rather than vote for Berry's nomination of Hardin as a matter of courtesy, I should have voted no.
I apologize. I am working to rectify the error. Please encourage the rest of Town Council to do the same.
Wednesday, November 20, 2013
Camp and Riverland Project
SCDOT is considering an intersection improvement at Camp and Riverland Drive. This intersection is completely under City of Charleston jurisdiction. However, the Town is working with the City of Charleston and Charleston County to complete sidewalks along Camp Road from Riverland Drive to Fort Johnson Road. We urge SCDOT to include sidewalks as part of any intersection improvement at Camp and Riverland. One long run benefit would be to provide bike and pedestrian access to James Island County Park from the center of the Island.
Tuesday, November 19, 2013
Dills Bluff Road Closed
Dills Bluff Road is closed at the northeast corner of Camp Rd. This is so the James Island P.S.D. can do work on sewer pipes. A pipe collapsed. This is an emergency repair. All properties and side streets can still be accessed from the other direction. Dills Bluff is open between Camp Rd. and Fort Johnson Rd.
Saturday, November 16, 2013
Property Tax Cut
The Town is working to lower the property taxes of our homeowners by approximately 10%.
To accomplish this, we are proposing that the Town collect the operating property tax in the Town's tax district in place of the James Island Public Service District. The District currently collects an operating property tax of 51 mills and receives approximately $2.7 million each year from property owners in the Town.
To cut taxes 10%, the Town would need to pass a 51 mill property tax next budget year. The Charleston County Auditor would include this millage on each property tax bill. The Town would be obligated to use 71% of the Local Option Sales Tax we receive to provide a property tax credit. We have $720,000 budgeted for the property tax credit next year. This would be a 26 percent credit against the Town's proposed millage and the Charleston County Auditor would put the tax credit on each property tax bill. The amount each homeowner pays the County Treasurer each year, or else, the amount of the escrow payment included with monthly mortgage payments, would be reduced. The net effect would be a 10% tax cut for homeowners in the Town. There would also be a property tax reduction for cars and boats, as well as business and rental property.
Of course, the Town can only do this if the James Island P.S.D. tells the Charleston County Auditor to stop collecting the District's 51 mill operating levy. Don't worry. I would never ask the Auditor to place the Town's millage on your tax bill in addition to the District's millage. I recently met with the County Auditor and he has assured me that if there is an agreement between the Town and the District, the bills can be adjusted to replace the District's operating millage with a Town millage. Further, there is a section of state law prohibiting a Town and District from charging twice for the same services.
Speaking of services, how will the Town pay the James Island Public Service District for the fire protection and solid waste collection services they fund with the operating property tax millage? The Town will directly pay the District for the services provided to residents of the Town. The County Treasurer will pay the property tax monies received from the Town's district to the Town. The Town will take that money, plus the Local Option Sales Tax monies we are already receiving from the State Treasurer, and pay it over to the District in exchange for services for the Town's residents. How much will the Town pay the District? The same $2.7 million that the District is currently collecting from the Town's taxpayers.
A resolution is coming before Town Council at our next meeting, directing me, as Mayor, to negotiate an intergovernmental agreement between the Town and the District with the goal of providing each homeowner a 10% property tax cut. We will insist that the Town remain in the District and that the voters of the Town continue to be eligible to serve as District Commissioner and vote in elections for District Commissioner. We are proposing no change in the services provided to the residents of the Town. Further, we are proposing no change in billing for waste water collection or the property tax millage for James Island Public Service District Bonds. Any draft agreement will come back to Council for review and approval.
I expect to open negotiations with the District Commissioners shortly after the November 21 Town Council meeting. If all goes well, you can expect a 10% reduction when the next property tax bills come out in the fall of 2014.
To accomplish this, we are proposing that the Town collect the operating property tax in the Town's tax district in place of the James Island Public Service District. The District currently collects an operating property tax of 51 mills and receives approximately $2.7 million each year from property owners in the Town.
To cut taxes 10%, the Town would need to pass a 51 mill property tax next budget year. The Charleston County Auditor would include this millage on each property tax bill. The Town would be obligated to use 71% of the Local Option Sales Tax we receive to provide a property tax credit. We have $720,000 budgeted for the property tax credit next year. This would be a 26 percent credit against the Town's proposed millage and the Charleston County Auditor would put the tax credit on each property tax bill. The amount each homeowner pays the County Treasurer each year, or else, the amount of the escrow payment included with monthly mortgage payments, would be reduced. The net effect would be a 10% tax cut for homeowners in the Town. There would also be a property tax reduction for cars and boats, as well as business and rental property.
Of course, the Town can only do this if the James Island P.S.D. tells the Charleston County Auditor to stop collecting the District's 51 mill operating levy. Don't worry. I would never ask the Auditor to place the Town's millage on your tax bill in addition to the District's millage. I recently met with the County Auditor and he has assured me that if there is an agreement between the Town and the District, the bills can be adjusted to replace the District's operating millage with a Town millage. Further, there is a section of state law prohibiting a Town and District from charging twice for the same services.
Speaking of services, how will the Town pay the James Island Public Service District for the fire protection and solid waste collection services they fund with the operating property tax millage? The Town will directly pay the District for the services provided to residents of the Town. The County Treasurer will pay the property tax monies received from the Town's district to the Town. The Town will take that money, plus the Local Option Sales Tax monies we are already receiving from the State Treasurer, and pay it over to the District in exchange for services for the Town's residents. How much will the Town pay the District? The same $2.7 million that the District is currently collecting from the Town's taxpayers.
A resolution is coming before Town Council at our next meeting, directing me, as Mayor, to negotiate an intergovernmental agreement between the Town and the District with the goal of providing each homeowner a 10% property tax cut. We will insist that the Town remain in the District and that the voters of the Town continue to be eligible to serve as District Commissioner and vote in elections for District Commissioner. We are proposing no change in the services provided to the residents of the Town. Further, we are proposing no change in billing for waste water collection or the property tax millage for James Island Public Service District Bonds. Any draft agreement will come back to Council for review and approval.
I expect to open negotiations with the District Commissioners shortly after the November 21 Town Council meeting. If all goes well, you can expect a 10% reduction when the next property tax bills come out in the fall of 2014.
The James Island Planning Commission and Residency Requirements
Should a resident of the City of Charleston serve as a member of the Town of James Island's Planning Commission?
Robin Hardin was appointed to the James Island Planning Commission, but she lives in the City of Charleston. Several citizens of the Town complained, "Why should we have someone on our Planning Commission who doesn't even live in the Town?"
The short answer is that Councilwoman Mary Beth Berry nominated her, and Town Council voted to appoint her. There is nothing currently in the Town's Zoning and Subdivision Regulation Ordinance about a residency requirement, and the section of the South Carolina Code governing planning commissions includes nothing about a residency requirement either.
However, these laws are both subordinate to the South Carolina Constitution. The South Carolina Constitution Article XVII Section 1 states in part, “No person shall be elected or appointed to any office in this State unless he possess the qualifications of an elector.” And Article II Section 5 states, “Municipal electors shall possess the qualifications prescribed in this Constitution, but each such elector must have resided in the municipality in which he offers to vote for thirty days preceding the election.”
Henry McMaster, when he was South Carolina Attorney General in 2007, provided an opinion to another municipality regarding its Planning Commission that included, "with regard to the residency requirement, we believe such a requirement is implied by the South Carolina Constitution even if City Council did not provide for it in the ordinance."
Bo Wilson, the Town's Attorney, wrote Robin Hardin, providing the Attorney General's opinion and suggesting she resign. She did not respond to the Town Attorney but included in an email to the Town's Planner, Kristen Crane, a statement that she did not intend to resign adding "I am not an elected official and reside and vote on James Island."
Unfortunately, the South Carolina Constitution refers to appointed as well as elected officials, and the requirement is to reside in the municipality, not on the same island as the municipality.
While no citizen complained about her, there was a second appointment of a nonresident to the Town's Planning Commission. Margarite Neal was on the Planning Commission for the second and third incorporations of the Town. She lives in Riverland Terrace, which was in the Town and we hope will one day return to the Town. Like Robin Hardin, Margarite Neal was appointed to the James Island Planning Commission soon after the Town was incorporated for the fourth time.
When the Town Attorney suggested she resign to comply with the South Carolina Constitution, Margarite Neal did. I greatly appreciate her long service on the Town's Planning Commission, will miss her experience and expertise, and hope that she and the rest of Riverland Terrance will soon rejoin the Town so that she is again eligible to serve. I am very sad that we have lost a voice of reason and common sense on our Planning Commission. If you see her, please thank her. She has been a loyal supporter of our Town and did the right thing.
The custom in the Town of James Island is for the Mayor and each member of Council to nominate a single member of the Planning Commission. Since Councilman Mullinax had nominated Margarite Neal, I asked that he nominate someone to fill the rest of her term. He told me that he will nominate Bill Lyon at the November 21 meeting. Bill has long been active in the Lighthouse Point Civic Club and represented Lighthouse Point on the James Island Neighborhood Council. Bill Lyon resides in the Town of James Island. I anticipate that Council will vote to appoint Bill Lyon.
To make sure that future Town Councils avoid unconstitutional appointments to the Planning Commission and Board of Zoning Appeals, I have prepared a resolution for Town Council to be considered at the November 21 meeting. The resolution directs the Planning Commission to recommend an amendment to the Town's Zoning and Subdivision Regulation Ordinance specifying that members of the Planning Commission and Board of Zoning Appeals reside in the Town and removing those who do not live in the Town. (Normally, that would apply to members who move out of the Town, but it would also apply to any unconstitutional appointments made in error.) The Planning Commission will have thirty days to make a recommendation, and so, I anticipate that Council will be voting on an ordinance at the December meeting, with second and final reading in January.
However, as Henry McMaster pointed out in 2007, the amendment to the Town's Ordinances is not really necessary. I believe Robin Hardin's appointment was unconstitutional and so void. I have asked the Chairman of the Planning Commission, David Bevon, to record all votes. As long as at least three legally-appointed Commissioners are in attendance, there will be a quorum for official Planning Commission business.
I contacted Councilwoman Berry about nominating a Commissioner to fill the vacancy. Councilwoman Berry is supporting Robin Hardin's effort to remain in office, though she supports a Town Ordinance to clarify the issue. We will see where Councilman Berry comes down on the question of removing Commissioners who do not reside in the Town. I see no pressing need to have Councilwoman Berry nominate someone to fill the vacancy.
What do you think? Should the Town keep a resident of the City of Charleston on the Planning Commission? Feel free to call or write Town Council. Here is our contact information. You can also come to our Town Council meeting next Thursday, November 21 at 7:00 PM. Don't forget to sign in to make a public comment.
Robin Hardin was appointed to the James Island Planning Commission, but she lives in the City of Charleston. Several citizens of the Town complained, "Why should we have someone on our Planning Commission who doesn't even live in the Town?"
The short answer is that Councilwoman Mary Beth Berry nominated her, and Town Council voted to appoint her. There is nothing currently in the Town's Zoning and Subdivision Regulation Ordinance about a residency requirement, and the section of the South Carolina Code governing planning commissions includes nothing about a residency requirement either.
However, these laws are both subordinate to the South Carolina Constitution. The South Carolina Constitution Article XVII Section 1 states in part, “No person shall be elected or appointed to any office in this State unless he possess the qualifications of an elector.” And Article II Section 5 states, “Municipal electors shall possess the qualifications prescribed in this Constitution, but each such elector must have resided in the municipality in which he offers to vote for thirty days preceding the election.”
Henry McMaster, when he was South Carolina Attorney General in 2007, provided an opinion to another municipality regarding its Planning Commission that included, "with regard to the residency requirement, we believe such a requirement is implied by the South Carolina Constitution even if City Council did not provide for it in the ordinance."
Bo Wilson, the Town's Attorney, wrote Robin Hardin, providing the Attorney General's opinion and suggesting she resign. She did not respond to the Town Attorney but included in an email to the Town's Planner, Kristen Crane, a statement that she did not intend to resign adding "I am not an elected official and reside and vote on James Island."
Unfortunately, the South Carolina Constitution refers to appointed as well as elected officials, and the requirement is to reside in the municipality, not on the same island as the municipality.
While no citizen complained about her, there was a second appointment of a nonresident to the Town's Planning Commission. Margarite Neal was on the Planning Commission for the second and third incorporations of the Town. She lives in Riverland Terrace, which was in the Town and we hope will one day return to the Town. Like Robin Hardin, Margarite Neal was appointed to the James Island Planning Commission soon after the Town was incorporated for the fourth time.
When the Town Attorney suggested she resign to comply with the South Carolina Constitution, Margarite Neal did. I greatly appreciate her long service on the Town's Planning Commission, will miss her experience and expertise, and hope that she and the rest of Riverland Terrance will soon rejoin the Town so that she is again eligible to serve. I am very sad that we have lost a voice of reason and common sense on our Planning Commission. If you see her, please thank her. She has been a loyal supporter of our Town and did the right thing.
The custom in the Town of James Island is for the Mayor and each member of Council to nominate a single member of the Planning Commission. Since Councilman Mullinax had nominated Margarite Neal, I asked that he nominate someone to fill the rest of her term. He told me that he will nominate Bill Lyon at the November 21 meeting. Bill has long been active in the Lighthouse Point Civic Club and represented Lighthouse Point on the James Island Neighborhood Council. Bill Lyon resides in the Town of James Island. I anticipate that Council will vote to appoint Bill Lyon.
To make sure that future Town Councils avoid unconstitutional appointments to the Planning Commission and Board of Zoning Appeals, I have prepared a resolution for Town Council to be considered at the November 21 meeting. The resolution directs the Planning Commission to recommend an amendment to the Town's Zoning and Subdivision Regulation Ordinance specifying that members of the Planning Commission and Board of Zoning Appeals reside in the Town and removing those who do not live in the Town. (Normally, that would apply to members who move out of the Town, but it would also apply to any unconstitutional appointments made in error.) The Planning Commission will have thirty days to make a recommendation, and so, I anticipate that Council will be voting on an ordinance at the December meeting, with second and final reading in January.
However, as Henry McMaster pointed out in 2007, the amendment to the Town's Ordinances is not really necessary. I believe Robin Hardin's appointment was unconstitutional and so void. I have asked the Chairman of the Planning Commission, David Bevon, to record all votes. As long as at least three legally-appointed Commissioners are in attendance, there will be a quorum for official Planning Commission business.
I contacted Councilwoman Berry about nominating a Commissioner to fill the vacancy. Councilwoman Berry is supporting Robin Hardin's effort to remain in office, though she supports a Town Ordinance to clarify the issue. We will see where Councilman Berry comes down on the question of removing Commissioners who do not reside in the Town. I see no pressing need to have Councilwoman Berry nominate someone to fill the vacancy.
What do you think? Should the Town keep a resident of the City of Charleston on the Planning Commission? Feel free to call or write Town Council. Here is our contact information. You can also come to our Town Council meeting next Thursday, November 21 at 7:00 PM. Don't forget to sign in to make a public comment.
Sunday, November 10, 2013
Annexation Efforts
The Town of James Island's policy is to seek to annex all of James Island that has not been incorporated in the City of Charleston or the City of Folly Beach. These areas were all included in the first and second incorporations of the Town. As barriers regarding contiguity are overcome, the Town will seek to annex the properties.
If you would like to join the Town, please complete an annexation request form on line or come by Town Hall and fill out a paper form.
The Town is currently seeking to annex West Fort Johnson and East Lighthouse Point. Here is a copy of the petition.
Appendix A is a list of TMS numbers and street addresses making up the area to be annexed in West Fort Johnson.
Appendix B is a map of West Fort Johnson. The area to be annexed is in white.
Appendix C is a list of TMS numbers and street addresses making up the area to be annexed in East Lighthouse Point.
Appendix D is a map of East Lighthouse Point. The area to be annexed is in white.
There are 300 registered voters in the area to be annexed. The Town currently has a petition drive with a goal of 100 signatures of registered voters in the area to be annexed.
The tentative date for the annexation election is Tuesday, February 4, 2014. Registered voters in the area to be annexed will be eligible to vote. If the majority of those voting choose to join the Town, they will soon be included.
P.S. We just passed the goal of 100 signatures!
P.S. We just passed the goal of 100 signatures!
Sunday, November 3, 2013
Saturday, November 2, 2013
Jerdone Bypass Engineeering Funded
The Charleston County Transportation Committee approved funding for the "Jerdone Bypass" engineering. The Town requested CTC funding for engineering and design work for a sidewalk from Fort Johnson Road along Jerdone and Stiles Drive to Mikell Drive. Construction of the sidewalk will need to be funded in the future. The reason for what we call the "Jerdone Bypass" is that the Fort Johnson sidewalk project, which is slated to run all the way from Fort Johnson to Folly Road, will have an incomplete segment. Because of grand trees and drainage issues, there will be no sidewalks along Fort Johnson Road from Mikell to Canopy Cove. The "Jerdone Bypass" will allow pedestrians to avoid that segment, turning down Jerdone, then Stiles, and then Mikell, and finally returning to Fort Johnson.
Friday, November 1, 2013
Donate Food at Town Hall
Please bring canned and other nonperishable food items to Town Hall. The
donated food will be distributed by James Island Outreach. The collection bin is in the front
office. Please think of less fortunate James Islanders during this
Thanksgiving season.
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