Where Do They Stand on the Issues #2 Town Tax Credit

The Town collects no property tax.  How is that possible?  The Town is entirely included in the James Island Public Service District.  The JIPSD provides fire protection and solid waste collection in the Town.   These are paid for by the JIPSD millage--in 2022, it was 60 mils, which would be about $720 for a typical James Island home.  

In 2019, the Town and JIPSD adopted a cost sharing agreement.  The Town pays for a share of the cost of providing fire protection and solid waste collection in the Town in return for the JIPSD agreeing to allow the Town to provide a credit against the JIPSD line on the property tax bill.   

The Town receives approximately $1.2 million each year from the South Carolina property tax credit fund to reduce the property tax burden for taxpayers within the Town.  For the last five years. the Town has used this money to reduce the property tax paid by residents of the Town.   In 2022, the savings come out to $210 for a typical $300,000 James Island home.   That reduced the JIPSD taxes by 32% and the overall property tax bill for homeowners by approximately 13%.   Tax credits are provided for all property in the Town including businesses, rentals, vehicles, as well as boats and other personal property.

Should the Town continue to use the money from the property tax credit fund to provide a property tax credit on the property tax bill by continuing with the Cost Share Agreement with the JIPSD?

Where does each candidate stand on this issue?

Where Do They Stand on the Issues #1 Should the Town Begin Collecting Property Tax?

 Where do they stand on the issues?

The Town of James Island is having an election on Tuesday, November 7th.

The Mayor and all four seats on Council are up.

I am not running, and there are three candidates to serve as Mayor: Brook Lyon, Gresham Meggett, and Josh Stokes.

There are seven candidates for the four seats on Council:  Dan Boles, Lewis Dodson, Jeff Hayes, Cynthia Mignano, Troy Mullinax, Zinnie Quinn, and Warren Sloane. 

Where do the candidates stand on the issues?  

What are the issues?

I want explore some of the issues that I think face the Town and find out the position of each candidate for Council.

Should the Town of James Island begin collecting a property tax?

The Town of James Island (all four incarnations) has never collected property tax. 

The Town currently has a millage of 17.9, but we provide a 100% property tax credit, so there is no property tax collected by the Town on residences, rental properties, business property, vehicles, like cars, or personal property like boats.

If you look at your property tax bill, there is a Town of James Island line and a millage, but the net amount collected is zero.  There are plenty of other lines on the bill, such as Charleston County, Charleston County schools, the James Island Public Service District and more.   So, residents of the Town play plenty of property tax--just no additional property tax to the Town.

Where does each candidate stand?

Should the Town begin collecting property tax?

Dills Bluff Development

Town Council will consider a proposal to rezone two parcels of property on Dills Bluff Road at its regular meeting next Thursday at 7:00 at Town Hall. The two parcels are located immediately behind the Camp Center Shopping Center.  One parcel is 1.27 acres and zoned community commercial.  This is immediately behind the shopping center.  The second parcel is 5.25 acres. It is zoned low density residential.   This parcel is behind the smaller parcel and mostly is bounded by Whitehouse Plantation.  The proposal combines the two properties and rezones it as a planned unit development called Marsh Walk Village.    

The property is owned by the James Island Public Service District. The Commissioners, elected by the voters of the District, which includes the Town and the unincorporated area of James Island, voted to sell the property.  The JIPSD procurement policy requires that they sell it by open bid. The highest bid was KT Properties, offering just under $2 million.   The developer has a contract with the JIPSD.  The JIPSD is bound by the contract. but the developer can refuse to make the purchase if the Town votes down the requested zoning change.  If the contract falls through, the JIPSD will likely bid the property out again.

The reason the JIPSD is selling the property is to fund renovations to their facility at Signal Point Road.  In 2014, the JIPSD considered moving their operations from Signal Point Road to the Dills Bluff property. This would involve parking their fleet of garbage and waste water vehicles there, along with their maintenance shop. They had also planned on moving their administrative offices to Dills Bluff.    While their administrative offices could be placed on the smaller commercially zoned parcel without any rezoning, their other operations would require a rezoning to industrial. At the time, I told the JIPSD Commissioners that I would oppose that rezoning and that I was sure that the majority of Town Council would also vote against.  I told the JIPSD Commissioners that I would support having the Town purchase the back part of the property with greenbelt funds for a park, and purchase a portion of the front part of the property for a Town Hall.  The JIPSD could move its administrative offices to the remainder of the front of the property.  My plan would have required a rezoning of the front part of the property to office or office residential.

The JIPSD Commissioners voted against the proposed move in 2014, largely due to the outcry by neighbors in Whitehouse Plantation. In 2019, former Chair of the JIPSD, Alan Laughlin, again proposed moving their Signal Point operations to Dills Bluff, and the JIPSD Commission voted it down 6 to 1.    Since the Town is very unlikely to approve the rezoning necessary to move the JIPSD's industrial activities to the Dills Bluff site, they have decided to sell the property and use the money to fix up the Signal Point Road facility.  None of the current Commissioners support moving their industrial operations from Signal Point Road, but the buildings there are nearly 50 years old and need to be protected from flooding.

The question before Town Council isn't whether the JIPSD should be allowed to sell the property--they can--but rather a rezoning.  Again, over an acre of the property is currently zoned commercial.  Under the Town's Zoning Ordinance, property zoned community commercial can include a variety of business and office uses as well as multifamily housing.  The allowed housing density is quite low--4 units per acre.   So, for example, a developer could put businesses on the ground floor with apartments on the second floor.   Given the size of the parcel, that would be a total of 5.08 dwelling units, which rounds down to 5 apartments. Of course, they could dispense with the businesses and just put 5 single family homes on the site, with the quarter acre yards typical of much lowcountry suburban development.  Or, they could just put one or more businesses on the site without any apartments.

The larger 5.25 acre parcel is zoned low density residential and is limited to single family development.  The density allowed is 3 units per acre, so the total dwelling units that would be permitted is 15.75, which rounds up to 16.  These would be single family detached housing units.  Each home would be on an approximate 1/3 acre lot.

Considering the two parcels together, under current zoning, 21 housing units are allowed, as well a variety of businesses or offices.

The proposed rezoning has commercial uses in three buildings on 1.6 acres and then attached single family homes on the remainder.  These are townhouses, but each townhouse is on a separate lot, so it is single family attached. The developer has proposed two different approaches to the townhouses.  One approach would be 20 larger townhouses.  The other would be 25 townhouses, with some being smaller and others larger.   The first approach is consistent with the total number of housing units allowed by the current zoning, but the other approach increases the number of housing units by 4.  The smaller units would be less costly and so would help provide affordable housing on James Island.  (The smaller townhouses would be more affordable than the larger ones, though given current market conditions on James Island, even these small ones would be pretty expensive.)

The Town's Planning Commission considered the rezoning on Thursday, September 14th.  They voted to recommend that Town Council approve the rezoning 4 to 1, with conditions.  One condition is a 20 unit cap, in effect, mandating the larger townhouse option and limiting the overall density of the project to what is allowed with the current zoning. There were several other conditions recommended by the Town's Planning Director, that were adopted by the Commission.   For example, any restaurants in the business section would require a BZA special exception to sell alcohol. 

While the Planning Commission has already included what I consider the key condition--no increase in total number of dwelling units allowed, I cannot support the project unless further conditions are included. 

I don't believe that the Town's zoning code should include a prohibition on gun shops at this location.   The notion that a gun  shop located here would increase crime in the area is absurd.   Criminals don't get guns at neighborhood gun shops to commit crime in their neighborhoods.  The reason for this provision is "symbolic" to show that the Town of James Island feels that guns are too available in our society.  I don't believe this reflects the feelings of most residents of the Town.

More importantly, there is much interest by the residents of the area in using these parcels for a park.   The Town has $760,000 in greenbelt funds.  While this does not come close to purchasing property worth nearly $2 million, it will purchase a little less than 40%.    I beleive that having a park in this location would be desirable.

Regardless, property should transition the uses from commercial to the single family residential that currently exist in the adjacent portion of Whitehouse Plantation.

I plan to propose these conditions for the rezoning to Town Council.

A. Up to 20 single family detached dwelling units, with the possibility of substituting up to 5 single family attached dwelling units (townhouses) on a one for one basis.   The maximum allowed would be 5 single family attached dwelling units and 15 single family detached dwelling units.

B. The single-family attached dwelling units must be located in the southern portion of the property adjacent to Camp Center Villas and/or the Camp Center Shopping Center.  The single-family detached dwelling units may be located adjacent to Whitehouse Plantation.

C.  The commercial section of the property should be no more than 1.27 acres and located on the southwest portion of the properly adjacent to Dills Bluff Road and the Camp Center shopping center.  (Roughly where the plan currently locates the businesses.)

D. The prohibition on gun shops on this property shall not be included in planned unit development.. 

E.  The developer will agree to sell up to $750,000 worth of the property at the appraised value to the Town for a park, contingent on the Town obtaining a grant from Charleston County Greenbelt.   The property to be sold will be on the west side, adjacent to Whitehouse Plantation.  The number of  dwelling units will be reduced in proportion to the amount of property to be included in the park

With these conditions, I think the rezoning would be in the best interests of the Town.  

Clean James Island Creek

                                 James Island Creek seen from Dock Street Park

For some years, Charleston Waterkeeper has frequently included James Island Creek near Folly Road (the "Ellis Creek Bridge") as one of the local waterways too polluted for swimming.   Happily there were occasional "good" reports, but the bad ones were all too frequent.   Reports were better at their testing site by the Harborview Road bridge, but substantial bacteria counts were found there too.

Complaints to SCDHEC (South Carolina Department of Health and Environmental Control) by area residents resulted in an official designation of an "impaired waterway."   The three local governments responsible for stormwater management in the James Island Creek Watershed, the Town of James Island, Charleston County, and the City of Charleston, were mandated to monitor bacteria levels in the creek and develop an action plan during the next five years.   This mandate is directly from SCDHEC but indirectly from the U.S. Environmental Protection Agency.  Failure to comply can result in multi-million dollar fines for local governments.  The James Island Public Service District (JIPSD) and Charleston Water System (CWS) provide sewer service in the James Island Creek Watershed, but are regulated under a separate provision of the law and so are not directly mandated to clean James Island creek.   The James Island TMDL the initial report from SCDHEC, was completed in November 2019.

As SCDHEC reviewed conditions in the creek, public works staff from the Town, City, and County were involved at every step. Creation of a memorandum of agreement (MOA) for a joint response began early on and was signed in December 2020.   The County has hired a consultant, Wolpert Engineering to provide monitoring.   They will test the water each month and an additional four times each year after heavy rains.   Also, they will use microbial source testing four times each year to identify the waste--human, pet, or wildlife.   They will be testing at the traditional locations near the bridges at Harborview Road and Folly Road.   A third location has been approved off  Jim Isle Drive at Battery Point.  A fourth may be identified later   The Town, City, and County pay for this testing in proportion to our area of jurisdiction in the watershed, roughly 58% City, 34% Town, and 8% County.  The Town's expense is expected to be approximately $10,000 per year.

In February 2020, the local governments formed the James Island Creek Water Quality Task Force.  This was an initiative from Charleston City Councilwoman Carol Jackson.  The body includes elected officials from the Town, City, and County, key staff members from those local governments, as well as elected officials and staff members from the James Island Public Service District and the Charleston Water System.  State elected officials are represented.  Also, representatives from conservation groups such as Waterkeeper and Coastal Conservation League are included.   The Chairman is Mayor John Tecklenburg of the City and I serve as vice Chair.   Other elected officials serving include County Councilwomen Jenny Honeycutt and Anna Johnson, City Councilmen Ross Appel and Dudley Gregorie, City Councilwoman Carol Jackson, Town Councilman Garret Milliken,  JIPSD Commissioner Kathy Woolsey, State Senator Sandy Senn and State Representative Spencer Wetmore.

The Education and Citizen Outreach Committee, chaired by Waterkeeper Andrew Wunderly, will share  information to residents about how they can help clean our creek and about what the task force and local governments are doing on their behalf.   You may have seen an editorial in the Post and Courier and TV reporting due to their efforts.   The Town, County and City all contribute stormwater utility monies paid by our residents to help fund the Ashley Cooper Education Consortium.  Operated by Clemson University's Extension Service, the consortium provides a wealth of information about managing stormwater and protecting our marshes and creeks.

The Technical Committee, chaired by James Island Town Administrator Ashley Kellahan, worked to get the MOA between the City, County, and Town hammered out and approved.   The testing plan is moving forward.  We anticipate our first quarterly report next month (November 2021.)

The Policy Committee, chaired by Charleston City Councilman Ross Appel, initiated a Watershed Plan which was provided at no cost by Terracon   All James Islanders owe this public-spirited engineering firm a hearty thanks for helping clean our creek. The James Island Creek Watershed Plan  was completed in May 2021.  It has been approved by SCDHEC and will go to the full task force for a recommendation for adoption by the Town, City, and County Councils.

Also Charleston Water System funded molecular source testing for the first time this spring (March and May of 2021.)  Working with Charleston Waterkeeper, their limited sampling revealed that the human DNA concentration was by far greater than the other source types analyzed. While the test results are by no means conclusive, they do indicate that human waste is indeed a factor and contributor to the pollution in the James Island Creek.

The Watershed Plan points to aging septic systems being the culprit for  contamination.  The study shows that the CWS sewage treatment plant at Plum Island and Sanitary Sewer Overflows by the JIPSD and CWS pipes are not major contributors to the problem.  SCDHEC regulates the installation of new septic systems, but it does not require any maintenance.  It recommends that homeowners pay for regular inspections by licensed contractors and pump outs when needed.  Also, while septic systems can last for many years, most of the septic systems in the area were built decades ago, well past the usual estimates of a life-span of less than 50 years.   

Due to these concerns, James Island Town Council is currently considering an ordinance requiring homeowners to have their septic systems inspected as recommended by SCDHEC at least every three years.   Further, a properly functioning septic system or sewer connection will be required which will include regular pump outs and any other maintenance or replacement for septic systems.   If and when sewer becomes available, the Town will enforce the existing JIPSD ordinance requiring connection.   SCDHEC imposes strict regulation of JIPSD (and CWS) regarding any leakage of sewage from their pipes or pump stations. 

At an early stakeholders meeting organized by the Charleston Waterkeeper in 2019, the JIPSD was asked to explore the cost of extending sewer into areas in the JI creek watershed that now depend on aging septic systems.  The estimated cost was approximately $8 million.  At the time, there was little prospect of adequate funding for this major undertaking.  However, the American Rescue Plan Act provides federal funding that local governments can use for sewer extension.  The Town is slated to receive $3.2 million in ARPA funds, and Town Council has budgeted half to address water quality in James Island Creek.   All the local governments, as well as our state representatives, are seeking some of the more than $2 billion of ARPA money that was allocated to our state government.  All indications are that the state will require local government ARPA  money as a match to help fully fund this project. 

Approximately 85% of the homes in the James Island Creek watershed with aging septic systems are in the Town.  Most of the new development in areas under City jurisdiction already has public sewer.  The ARPA money is only available for a limited time and money not spent must be returned to the federal government.   In my view, this is a once in a lifetime opportunity to solve a major problem that the Town and other local governments must address.

The Town of James Island has already taken key steps to address water quality.  The Town adopted a new stormwater ordinance to control fill and build and reduce flooding, which will also help protect water quality in our marshes and creeks, including James Island Creek.   The Town's limits for residential density also control runoff in this and other areas of the Town. Further, the Town, working with the JIPSD, has introduced a program of providing pet waste stations.   Pet waste can also a source of storm water pollution.   The key step, however, will be getting contamination from aging septic tanks under control.  

Please help us Clean Our Creek.

Chase is Coming to Camp and Folly

 The derelict Subway is gone.  Chase Bank is building a branch at the corner of Camp and Folly.   At some future time, the owners of the lot where Pizza Hut stood will put in a business, but that has yet to be determined.   For now, that area will be grassed and vacant. The parking for the bank will be to the rear, at the current location of Corky's.  Corky's is moving further south on Folly Road near Signal Point Road.  

The Town will retain the easement it purchased from Corky's for public improvements at the corner.   The planned bus shelter site, however, has been moved further up Folly, near the existing stop in front of where Pizza Hut stood. The after hours parking that Corky's had agreed to provide will now be provided by Chase bank.  

The Chase bank construction complies with the Town's new storm water regulations passed in May of 2020 as well as the Folly Road overlay.   There is no increase in overall elevation of the property and the grading at the property boundaries will be gently sloped to protect the neighbors.   Some of the parking will be pervious, as required by the Folly Road Overlay.   There will be trees and other landscaping in and around the building and parking lot.

The two buildings that have been demolished--Subway and Pizza Hut--and Corky's which is slated for demolition later, were all constructed  before there was any storm water regulation.   The area was nearly all impervious--buildings and asphalt with no retention ponds. There was very little green area or trees.   The redevelopment and landscaping of this property will substantially improve both the appearance and the control of storm water in this area.  Storm water will be collected in underground catch basins and  treated for water quality with a Stormceptor water quality device.  There will be an overall 15% reduction in storm water runoff.  Further, any new business at the old Pizza Hut location can add no additional storm water runoff.

The plans for the site, as well as the storm water pollution protection plan are available for inspection at Town Hall.  

After Chase Bank completes its project, the Town will develop a plan for landscaping and improvements for the easement area.  Council has approved the installation of flags in its easement.  Precise design is waiting until the Chase construction and landscaping is complete.

Abandoned Subway Building

New Park This Summer or a Vacant Lot?

James Island Town Council will vote Thursday, May 20th whether to open Brantley Park this summer.  Council budgeted $185,000 from the hospitality fund for the project last May and had approved the park plans in January.  Staff bid out the project this spring and the low bid was $153,000, well below budget.  The project was ready to move forward in April, but Council voted 3 to 2 to defer until the May meeting.   Some on Council question whether James Islanders want another park and raised concerns that too much money was being spent along Folly Road.  

The Town has more than $1.3 million in its hospitality tax fund and anticipates collecting an additional $540,000 next year.   Approximately 85% of that money is raised from restaurants along Folly Road.  The funds to purchase the land for the park came from the Charleston County Greenbelt Fund.  The Town’s application to purchase the land included a commitment to have a park open to the public. 

Do James Islanders want another park?   Do the people of the Town want to see some green space along Folly Road?    Please let Town Council know whether we should move forward to open Brantley Park this summer or do they want a vacant lot?  

 

Town Tax Credit Programs

    The Town of James Island has two tax credit programs.    The first is the Local Option Sales Tax Credit  The sales tax in Charleston County includes an additional one percent that is mostly used to reduce County and Municipal property taxes.   Town staff forecasts that we will receive approximately $1.1 million from the Property Tax Credit Fund over the 2021-22 fiscal year.   State law requires an equal credit against the Town’s 17.9 mill property tax.   

    I have asked Town Council to approve an additional $220,000 credit from the LOST County/Municipal Revenue distribution for this year.  If Town Council approves, the Town’s property tax will continue to be zeroed out.   When you look at your consolidated property tax bill from the Charleston County Auditor for your house, car, or boat, the Town’s millage will appear, but the amount next to it will be zero.   As always, the Town will add nothing to your total property tax bill, and no property tax revenue will go to the Town.  

    The Town’s second tax credit program is our Cost Share Agreement with the James Island Public Service District (JIPSD.)  The JIPSD is an independent special purpose district that provides fire protection and solid waste collection in the Town and unincorporated area of James Island.  The Town contributes part of the cost of providing fire protection and solid waste collection in the Town and in exchange the District allows for a tax credit.   As a result, everyone in the Town pays a reduced property tax on homes, cars and boats to the James Island Public Service District.   I have asked Town Council to provide a $1.1 million cost share to the District for the 2020-21 fiscal year.

     If Town Council approves the full LOST credit and the cost share, the amount Town property taxpayers must pay will be little changed from last year.  If Town Council votes down the cost share, the result will be a  40% increase in the amount Town homeowners pay to the JIPSD compared to last year.   Because this makes up nearly 50% of the total property tax bill, this would be a 16% increase in the total property tax bill for homeowners.  There would also be increases in the tax that must be paid on all property such as cars and boats.  

    I strongly support the Cost Share Agreement.   If the Town had its own fire and solid waste departments as do our neighbors in the City of Charleston and the City of Folly Beach, then the Town’s property tax millage would need to be much higher.   We would need to charge approximately the same millage as we currently pay the James Island Public Service District—likely 60.3 mills for this coming year.   However, we would be required by state law to use the Town’s distribution from the property tax credit fund to provide a credit.   The Town could not possibly zero-out property taxes, but the total charges to Town property taxpayers would be the same as what we must pay with the cost share agreement we have now.   So, the people of the Town can remain part of the James Island Public Service District, continue to receive the fire protection and solid waste collect services they have always provided us, while paying approximately the amount we would if Town had its own fire department and solid waste collection service.   

It would be wasteful triplication to add a third fire service and sold waste collection service on James Island. The cost share with the James Island Public Service District is a cost-efficient method of providing our Town taxpayers with the benefits intended by the LOST program.