Happy Holidays

Dills Bluff Road is Open!

Dills Bluff Road is now open.

For more information about continuing sewer repairs, contact the James Island Public Service District at (843)795-9060.

Annexation Election on February 25th

The annexation election for the West Fort Johnson area and East Lighthouse point area will be held on February 25, 2014.   All precincts will vote at James Island Charter High School.    All registered voters in the area to be annexed can vote.    If the majority voting choose to join the Town, then they will soon be back!

Planning Commission Residency Requirement

The James Island Planning Commission voted 3 to 1 to recommend that all members of the Planning Commission and Board of Zoning Appeals be residents of the Town of James Island.   Commissioners Bevon, Lohr, and Lyon voted in favor.   Commissioner Milliken voted against.   Robin Hardin, who is a resident of the City of Charleston, did not attend.

The Planning Commission has recommended an amendment to the Town's Zoning and Subdivision Regulation Ordinance.   There will be a public hearing at the Town Council meeting on January 16, 2014.   A first reading on an ordinance adopting the amendment will be scheduled at that same meeting.   If it passes first reading, then the second reading will be scheduled at the February 20th meeting of Town Council.

The Planning Commission was responding to a resolution passed by Council at the November 21 meeting asking them to make a recommendation regarding a residency requirement.   That resolution passed 3 to 1 as well, with Councilman Blank and Mullinax joining me in voting in favor.   Councilwoman Berry voted against.   Councilman Kernodle was absent.

My view is that an amendment to the Town's ordinance requiring residency is not strictly necessary because the South Carolina Constitution implies such a requirement.    However, I certainly agree that the first place to look for a residency requirement is the Town's own Zoning and Subdivision Regulation Ordinance.    Putting it there should save time and avoid mistakes in the future.

At the Planning Commission meeting, Chairman David Bevon said that he believes that Robin Hardin remains a Commissioner until her term ends in August of 2014.   I think he is mistaken.  Still, I see no need to force the issue.   Given the way the courts work, I have my doubts that it could be resolved before August anyway.    Worse, Hardin's lawyer could continuing legal wrangling even after August, hoping to pocket taxpayer dollars.   While I think there is little chance of that, the Town would have to spend taxpayer dollars on our lawyer to defend against even an absurd and frivolous lawsuit.

Hopefully, Robin Hardin will come to her senses and quit listening to Commissioner Millken and others who encouraged her to retain a lawyer to try to hold onto a position where she doesn't belong.  

Camp and Folly Construction Schedule

The Folly and Camp Road project is running late.   It could start as soon as March 2014 and should be finished by September 2015.

Here is the Charleston County Roadwise link.

Harborview Road Construction Schedule

Harborview Road construction should start in March 2014 and should be completed in October 2015.

The information is from Charleston County Roadwise.  The link is here.

Camp and Dills Bluff News

The sewer work at the Camp and Dills Bluff intersection is complete.   The road work should be finished next Thursday or Friday and Dills Bluff will be open again after that.   However, work on the sewers will continue down Dills Bluff over the next several weeks, with one lane being closed and flagmen directing traffic.

Happy Thanksgiving

Please take a few minutes to give thanks for all of our blessings.

Thank you for allowing me to serve as your mayor.

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.

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.

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 later this afternoon this evening.   Watch for news about water safety.

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 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.

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

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.

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.

Camp and Riverland Meeting

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.

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.

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.

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.

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!

Fall Back

Litter

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.

America Recycles Day

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.

Fort Johnson Road Repairs

SCDOT has been doing some light resurfacing work on Fort Johnson Road.   The plan is to improve the road surface and protect it from wear.  Unfortunately, cars were permitted on the road before it had cured enough.   Some drivers have asphalt on their car.

County Councilman Joe Qualey looked into the matter.   Thank you, Joe!

Roadway Management, the SCDOT Contractor has an agreement with Cactus Car Wash at 5122 Savannah Highway to clean the cars.   The cost should be no more than $75.   You need to keep the receipt.

After you get the receipt, you need to complete a Claims Form and a Release Form.   Copies of these Forms are available at Town Hall.

Return both forms and the receipt to Merrie Green, of Roadway Management.    They can be faxed to 407-566-42011 or emailed to mgreen@roadwaymanagement.com.   The mailing address is 1936 Lee Road, Winter Park, Florida 32789.

Once they have received everything, they will process a refund.

If Cactus Car Wash charges more than $75 or else you have other questions, call Jeff Hansen at 407-948-2005.

Dills Bluff and Camp

The SCDOT Safety improvement project on the corner of Dills Bluff and Camp Road has again been delayed.   The James Island P.S.D. needs to repair a sewer pipe under the road.   They are completing their procurement process and expect to have a contractor at the end of October.   They work should be complete near the first of the year.   After that, SCDOT's contractor will return to put down the final layer of asphalt.   Finally, the light will be turned on.

James Island Elementary Fall Festival

Improvements to Dock Street Park

The Town of James Island used a PARD grant and matching Town funds to improve parking at the Dock Street Park. The Town will also be replacing damaged signs.    Dock Street Park is at the end of Patterson Avenue in the Bayfront neighborhood.

Community Cleanup November 2

James Island Pride needs your help!

Volunteers are needed to clean areas in our community of litter and garbage. Anywhere there is litter... Clean up your neighborhood, your favorite park, or we can suggest multiple locations that would benefit from your hard work.

Bottled Water, Safety Vests and Trash Bags will be available at James Island Town Hall the day of the event.

Be sure to stop by and pick up your 'Lunch Ticket' and supplies, between 9:30am - 10am. Lunch will be served at 12:00 noon for volunteers at Town Hall.

We will also be accepting E-waste. It is important to recycle electronics rather than throwing them away. Recycling electronics helps to recover the materials that can be harmful to the environment (mercury, lead, cadmium, beryllium, arsenic) and to also conserve landfill space. We will collect any kind of cell phone, Kindles, Nooks, e-readers, any iProducts, laptops, handheld game consoles, mp3 players, anything electronic other than full size TVs. Shattered screens are accepted.

Stormwater Ditch Piping Policy

We have received requests from citizens seeking to have ditches piped on their property.   In my view, piping ditches is a good policy, because it reduces maintenance costs.   Clearing out open ditches is costly.   Unfortunately, it is very costly to pipe in ditches. 

However, if a citizen is willing to pay to pipe in some or all of the ditches on their property, they may do so.   It is important that the piping be done properly.   Here is the Town's new policy on piping ditches.   

Traffic Calming Policy

The Town has adopted a traffic calming policy.   It was prepared by the Town's Public Works coordinator, Mark Johnson.    The policy is here.

One element of the policy is posting 25 mph speed limits.    If the speed limit is not posted, it is 30 mph.   However, at neighborhood request, the Town will post speed limit signs in residential neighborhoods.    Many of our neighborhood streets belong to SCDOT, and it will require their permission.

There is also a procedure for putting speed humps on streets.   The key requirement is strong support in the neighborhood, but speed humps are expensive and so the Town can only afford a limited number each year.
For more information, contact Town Hall and speak to Mark Johnson.    

Proposed List of Prohibited Uses

What were the prohibited uses that failed to pass Town Council?

Here are the different portions of Folly Road defined by the Overlay District, who has jurisdiction, the list of prohibited uses, and the permitted uses.  

North Village  (County, City of Charleston)

Prohibited:  Auto Dealers, Vehicle Storage, Boat/RV Storage, Billboards, Gun Shops, Shooting Ranges, Hotels or Motels and Tattoo parlors.

Permitted:  Residential Office, Office General, and Neighborhood Commercial

Commercial Core (Town, City of Charleston)

Prohibited:  Auto Dealers (New and Used) Vehicle Storage, Boat/RV Storage, Billboards, Gun Shops, Shooting Ranges, Hotels or Motels and Tattoo parlors.

Permitted: Community Commercial

South Village (Town, City of Charleston)

Prohibited: Auto Dealers (New and Used), Billboards, Gun Shops and/or Indoor/Outdoor Shooting Ranges, Liquor Sales, Hotels or Motels and Tattoo parlors shall be prohibited uses.  

Permitted:  Residential, Office Residential , Neighborhood Commercial

Neighborhood Preservation  (County, City of Charleston)

Prohibited:  Auto Dealers (New and Used), Vehicle Storage, Boat/RV Storage, Billboards, Gun Shops, Shooting Ranges, Hotels or Motels,  Fast Food Restaurant, Gasoline Service Stations (with or without convenience stores), Indoor Recreation and Entertainment, Consumer Vehicle Repair and Tattoo parlors.

Permitted:  Special Management , Neighborhood Commercial

Conservation area (County, City of Folly Beach)

Prohibited:  Auto Dealers (New and Used), Vehicle Storage, Boat/RV Storage, Billboards, Gun Shops, Shooting Ranges, Hotels or Motels and Tattoo parlors.

Permitted:  Special Management , Neighborhood Commercial

The prohibited uses are pretty straightforward.   The permitted uses refer to the existing zoning districts.   

Any use that is not permitted by the existing zoning district is prohibited!

So, the list of prohibited uses either prohibit a use that is currently permitted by the current zoning or else just repeats an existing prohibition.

The following chart comes from the Town of James Island's current zoning.   CC stands for Community Commercial.     CN stands for Neighborhood Commercial.   OR stands for Office Residential.

A means allowed, N means not allowed, C means there are conditions, and S means that the BZA has to give special permission.

Uses	CC	CN	OR
Auto Dealers	A	N	N
Vehicle Storage	A	N	N
Boat/RV Storage	A	N	N
Billboards	N	N	N
Gun Shops	A	C	N
Indoor Shooting Ranges	A	N	N
Outdoor Shooting Ranges	N	N	N
Hotels or Motels	A	A	N
Tattoo parlors.	N	N	N
Liquor Stores	S	S	N

So, Billboards were on the list of prohibited uses.   Town Council rejected that, but they aren't permitted anywhere on Folly Road in the Town.   We have a few, but they are legal, nonconforming uses.  In other words, they were grandfathered in.

Auto Dealers are only allowed in Community Commercial.  That is in the Commercial Core area of the Overlay, which is mostly zoned Community Commercial. now   The recommendation from the Planning Commission was to ban them.   Council rejected that.   Auto Dealers continue to be allowed in the Commercial Core.

Auto Dealers are not permitted in Neighborhood Commercial or Office Residential, and so they are already prohibited in the South Village Area.   When Council voted against the list of prohibited uses, it didn't suddenly allow Auto Dealers in the South Village Area.

Tattoo Parlors were on the list of prohibited uses.   But they are not permitted anywhere on Folly Road.  At least not in the Town.   See the N N N for all of the zoning districts?   

Liquor stores were prohibited in the South Village.   That was a change.   While most of the South Village is either residential or office residential now, there are a few parcels that are Neighborhood Commercial, for example, Treadquarters.   A liquor store could open there, but only after a vote by the Town of James Island BZA.

Outdoor Shooting ranges are prohibited everywhere on Folly Road already--at least in the Town.   There was no need for the Town to specifically prohibit them.   Indoor shooting ranges are already prohibited in the South Village.   But the proposal was to ban them from the Commercial Core.   That area has community commercial zoning and so they are permitted.   The Overlay District list was overriding the current zoning and prohibiting something that is currently permitted.

And what about gun shops?   Like the other jurisdictions in the area, the Town of James Island has no special category for "gun shops."  They are just treated as sporting goods stores.   They are permitted in Community Commercial, which is the Commercial Core.   A "small" gun shop would be permitted in Neighborhood Commercial, with means less than 5000 square feet.   Basically, Treadquarters could be turned into a small gun shop.   They are not permitted in office residential, which is nearly all of the South Village.  But that isn't because gun shops are being singled out.  Hardly any retail shops are permitted in areas with office residential zoning.     

I expected that some of the items on the list of prohibited uses would be removed by Town Council.   I worked hard to get gun shops removed.   I was surprised that none of the list of prohibited uses was adopted by Council.   But the effect is just to keep the permitted uses unchanged.   Nothing that was already prohibited has now been permitted.

Ashley Kellahan Appointed Town Administrator

Ashley Kellahan was appointed by Town Council to serve as the new Town Administrator.   The vote by Council was unanimous.

Ashley is a resident of the Town of James Island.   She earned a Masters in Public Administration from the College of Charleston.   She served as Assistant City Manager in Abbeville for three years.   She currently works as a Senior Budget Analyst for the City of Charleston.

She will start with the Town on October 28.   Town Council, the Town's staff and I all look forward to working with her.

Gun Shop Ban on Folly Foiled

The effort to ban gun shops on Folly Road failed to pass first reading at Town Council tonight.

The draft of the Folly Road Overlay District can be found here.

Most of those speaking at the public hearing opposed banning gun shops.   One also spoke against banning tattoo parlors.

Council first considered all of the Folly Road Overlay District other than the prohibited uses.   The gun shop ban was just one of several prohibited uses.    Auto Dealers, hotels and motels, vehicle and boat storage, and tattoo parlors were also banned.

Councilman Berry proposed deferring consideration.  Berry said she found the proposal confusing.  Echoing the demands of Susan Milliken at the public hearing, she suggested that a power point presentation be provided to the public and then a second public hearing be held.   Her proposal failed for lack of a second.

The vote was 4 in favor with Berry abstaining.   Berry said she didn't understand what she was voting on.

Council then considered the list  of prohibited uses.   I moved to strike gun shops and Councilman Blank seconded the motion.   In discussion, Councilwoman Berry explained that she thought that guns caused violence and she would never vote to make it easier to buy guns.

The motion failed 3 to 2, with Councilman Mullinax and Councilman Kernodle joining Councilwoman Berry in voting against removing the ban on gun shops.  (I was very surprised about Councilman Mullinax's vote to keep the ban on gun shops.   For weeks he had been telling me that he strongly opposed banning gun shops.   Councilman Kernodle had recently told me the same thing, but he also told me he was opposed to banning the other prohibited uses as well.   He said as much at the meeting.)

I proposed removing the ban on motels and hotels.  That died for a lack of a second.   I proposed removing the ban on auto dealers, which also died for a lack of a second.   (I think an auto dealer or motel would be good for the James Island economy and also for the Town's and the James Island P.S.D.'s finances.)

However, the vote was 4 to 1 against the entire list of prohibited uses.   Councilwoman Berry voted to prohibit all of the uses, including gun shops.   Councilmen Kernodle, Mullinax, Blank, and I all voted against prohibiting any of the uses.   On the final vote, Councilmen Kernodle, Mullinax, Blank and I all voted against the ban on gun shops.

Later in the meeting, Councilman Blank said that he would not have voted against all of the prohibited uses.   He mentioned that he doesn't think hotels should be allowed in the Folly Road overlay district.   (Councilman Blank opposed the proposal to ban gun shops, but supported banning some of the other uses.)

At the November meeting, a second reading will be scheduled for the Folly Road Overlay District without any additional prohibited uses.

This means that the uses allowed in the various areas of the overlay district are those allowed by the Town's current zoning.   Many of the prohibited uses in the Overlay District are already prohibited by the Town's existing zoning, and that won't change.   For example, tattoo parlors are only permitted in industrial zones, and there are none of those on Folly Road.   Hotels and motels and auto dealers are allowed in the Town's community commercial zone, which is how most of the parcels in the "Commercial Core" are zoned, but not the office residential district that makes up most of the "South Village"

The other areas on the Folly Road Overlay District, the North Village, Neighborhood Preservation, and Conservation are not in the Town at all.   .

Stricter Tree Ordinances Imposed

Council voted 3 to 2 to impose stricter tree regulation on James Island homeowners.    Starting tonight, it is necessary to get a permit to cut down any tree other than a pine, sweetgum or chinese tallow with diameter over 18 inches.   The permits cost $25.   If the tree is diseased or dying, a permit will be issued and it can then be removed.   Otherwise, the BZA must approve the removal.   Mitigation is imposed to replace the trees, and this is usually interpreted to mean inch-for-inch replacement.

Voting in favor of the stricter regulations were Councilmen Kernodle and Mullinax and Councilwoman Berry.   Councilman Blank and I voted against.

Planning Commissioner Millken again made it clear that he sees this as just a first step and plans to propose even more detailed micromanagement of your yard.

Speed Humps on North Shore Drive

Two speed humps appeared on North Shore Drive today.   They are located near Waites and James.   North Shore is an SCDOT road and so this required SCDOT approval.  The part of the road between Waites and James is under City of Charleston jurisdiction.  Presumably the City of Charleston requested the speed humps and paid for them.  We were as surprised as everyone else.

Here is a map showing the approximate location.   The red is City of Charleston.   The grey is the Town of James Island.

Gun Shops on Folly Road. Will the Town Prohibit Them?

The public hearing on the Folly Road Overlay District will be on October 17 and a first reading is scheduled.   The recommendation from the Planning Commission includes a prohibition on gun shops on Folly Road.   This was revisited by the Planning Commission and they voted 3 to 2 to keep the ban.    I plan to propose striking gun shops from the list of prohibited uses at first reading.   I believe Councilmen Blank and Mullinax will join me.   Where do Councilman Kernodle and Councilwoman Berry stand?   We will find out.

Please come to the Town Council meeting and speak out in opposition to this effort to keep gun shops off of Folly Road.

Tree Update: New Restrictions Likely After October 17

The second reading of Chapters 8 and 9 is coming up at the October 17 meeting.   And that means that stricter tree regulations will be imposed if the ordinances pass.    At the last meeting, they passed 3 to 2, with Councilmen Kernodle and Mullinax and Councilwoman Berry in favor.   Councilman Blank and I were opposed.    The new tree regulations will require a permit to cut down any tree other than pine, sweet gum, or Chinese Tallow with a diameter greater than 18 inches.    The existing ordinance requires a permit to cut down oak trees with a diameter greater than 24 inches.   If a tree is dead or dying, then the Planning Director can issue a permit and the cost is $25.    Otherwise, it is necessary to get permission from the Board of Zoning Appeals and provide inch-for-inch mitigation.

We have had several calls to Town Hall about cutting down trees right now.   Today, and up until October 17, there is no penalty for cutting down any tree other than an oak, nor is there any penalty for cutting oak trees with a diameter less than 24 inches.   No permit or permission is needed.   Our code enforcement officer will not, and cannot, give a ticket to people for doing something that is not illegal at this time.

I am thinking about cutting down one or both river birches in my front yard.

However, if you come to Town Hall asking for a zoning permit for a new project, you will be instructed to follow the procedures consistent with the new law.   For example, if you need to do a tree survey, you will be asked to identify all trees with diameter greater than 18 inches other than pines, sweet gums and Chinese Tallow trees as grand trees.   This is based upon the "pending ordinance doctrine."

Public Hearing Folly Road Overlay on October 17

Town Of James Island

The James Island Town Council will hold a Public Hearing on the Proposed Draft of the Folly Road Corridor Overlay Zoning District (Article 5.4, Zoning and Land Development Regulations), including a proposal to remove Gun Shops from the list of Prohibited Uses. The Public Hearing will be held on Thursday, October 17, 2013 at 7:00 pm at the Town of James Island Town Hall, 1238-B Camp Road, James Island, SC (843) 795-4141. Copies of the draft Folly Road Corridor Overlay District (FRC-O) Plan are available for the public to review Monday-Friday during normal business hours.

1238-B Camp Road  795-4141

SIGN UP FOR TOWN NEWS AT list@jamesislandsc.us

FOR MORE INFORMATION: www.jamesislandsc.us

The language recommended by the James Island Planning Commission is here.

Town Administrator Wanted

Town Administrator
Town of James Island, SC

The Town of James Island invites qualified and experienced candidates to submit resumes for the Town Administrator position. James Island is a predominately residential community with a population of 11,500 in the Charleston, SC area. Our budget is approximately $2 million and we have 8 full time employees. Town services include Public Works, Planning, Code Enforcement, Building Inspection, Finance and Administration. Other services are provided by Charleston County and the James Island Public Service District.

Please submit your resume to:  Frances Simmons, Town Clerk at townclerk@jamesislandsc.us. We prefer that all resume materials be submitted via email. Current salary for this position is $65,000 a year; however, salary offered will depend on qualifications and experience. Position will remain open until filled.

Town Council Report

Town Council Meeting

The James Island Town Council met on Thursday, September 19.

The Mayor reported that the petition drive to annex the West Fort Johnon Road area and the East Lighthouse Point area has begun, with the goal being 100 signatures of registered voters in the areas.   The petititon drive is more than 25% complete.

The Mayor also reported on the meeting held for the Folly Road business community regarding the Folly Road Overlay District on August 29.   A public hearing and first reading on the overlay district is scheduled for October 17.

A public hearing was held on Chapters 8 and 9 of the Zoning and Subdivision Regulation Ordinance.    Council voted 3-2 to pass the proposed amendments on first reading.  Councilman Blank and Mayor Woolsey voted against the amendments, speaking against imposing stricter tree regulations on Town homeowners.   

Town Council passed a resolution 4 to 1  asking SCDOT and the City of Charleston to put turn signals on the traffic light at Maybank and Wappoo Creek Drive.  Mayor Woolsey voted no, pointing out that the resolution was premature, and that this issue will be discussed by representatives of the Town, City, and County at the James Island Intergovernmental Council on Sept. 25.

Town Council passed a resolution 3 to 2 asking the City of Charleston and Charleston County to pass ordinances prohibiting the use of hand held devices while driving.   Mayor Woolsey argued that it was inappropriate for the Town to advocate that other jurisdictions pass ordinances that the Town is not proposing to pass.   He also noted that this will be discussed at the James Island Intergovernmental Council and that a resolution calling for all James Island jurisdictions to pass an ordinance on this matter would be more appropriate there.

Council briefly discussed providing a contribution to support the Angel Oak preservation effort.   Since no resolution had been provided to the Clerk by the deadline, no vote was taken.

James Island Intergovernmental Council Meeting

James Island Intergovernmental Council Meeting

September 25, 2013

7:00 P.M.

AGENDA

James Island Town Hall

Notice of this meeting was published and posted in accordance with the Freedom of Information Act

1. Call to Order
2. Prayer and Pledge
3. Public Comment 
4. Camp Road Sidewalk Project                                          Mayor Woolsey 
5. Folly Road Overlay District                                              Mayor Woolsey 
6. Public Transportation on James Island                              JI Town Councilwoman Berry                                                                                            
7. Traffic Signalization @ Maybank/Wappoo Creek            City Councilwoman Wilson                                                                                                           PSD Commissioner Waring
8. Restrictions on Texting While Driving on James Island      Mayor Woolsey
9. Adjourn

Public Hearing on Tree Regulations on Thursday, September 19 at 7:00

The Town of James Island is holding a public hearing on Chapters 8 and 9 of the Zoning and Subdivision Regulation Ordinance on Thursday, September 19 at 7:00.   After the public hearing, there will be a first reading of ordinances making changes in those two chapters.  To see drafts of the two chapters go here.

If the chapters pass without amendment, then homeowners in the Town of James Island will be forced to submit to more Town regulation of the trees in their yard.   The Town requires homeowners get permission to remove or heavily prune any "grand tree."   Currently, "grand tree" is defined as any oak tree with diameter greater than 24 inches (a trunk 2 feet wide.).   The new, more restrictive regulation, is to require permission for any tree other than pine, sweet gum, or Chinese Tallow with diameter greater than 18 inches.

I don't think the Town should reduce the minimum diameter to 18 inches.   In my view, "grand" should mean something, and calling average trees "grand" to impose more regulations and fines on homeowners is wrong.  The James Island Way isn't about over-regulation and big government.   What is a grand tree?   To see my view, go here.
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Removing or heavily pruning a grand tree in your yard requires permission from the Town's Board of Zoning Appeals.   They don't have to give permission.   They can just say no.  Keep the tree in your yard.   If they do give permission, they must require inch-for-inch mitigation.   They can make the homeowner plant the trees they choose in the homeowner's own yard.  But the Board can also make the homeowner plant the trees wherever they want.   The expense for mitigating an 18 inch tree will be at least $2,000, but it could be more like $5,000.   Just this spring, the Town's BZA required that 11 six inch trees be planted to replace two water oaks on Camp Road.   The cost of that is estimated to be nearly $20,000.

Before the Town was formed, we were subject to the County's grand tree regulation.  I don't think the reason we formed the Town was to impose stricter regulations on our homeowners.     Yes, there are some advocates of big government who live on James Island.   If you follow the debate, this is just a first step.   They want to reduce the size to 12 inches for most trees, and even smaller because some trees don't grow don't grow very big.   To hear them tell it, they plan to manage the Town's landscape.   What is that?  They want the government to control the landscape in your yard!

Please come out to the public hearing next Thursday, September 19 at 7:00.   Tell Town Council to show some respect for homeowner's rights and stop trying to micromanage everyone's yard.    If you can't make it, send them an email or call Town Hall at 795-4141.   We will make sure that Council gets your message.

Councilman Blank, Chairman of our Land Use Committee and former Chair of the James Island Planning Commission, opposes reducing the size of  "grand trees" to 18 inches.  

Please let the other three know where you stand.


 Mayor Bill Woolsey

(843) 697-7020         mayorwoolsey@jamesislandsc.us          

Councilwoman Mary Beth Berry

MBBerry@jamesislandsc.us

Councilman Leonard Blank

 lblank@jamesislandsc.us

Councilman Sam Kernodle

councilmankernodle@jamesislandsc.us

Councilman Troy Mullinax

DarrenTroyMullinax@jamesislandsc.us

James Island Planning Commission Votes to Ban Gun Shops on Folly Rd

The James Island Planning Commission voted 3 to 2 to recommend banning gun shops on Folly Rd.   The proposed ban was included in the draft of the Folly Road Overlay District.   Commissioner Ed Lohr made a motion remove the prohibition.    Commissioner Margarite Neal seconded the motion.  

Commissioner Milliken argued forcefully against allowing gun shops on Folly Road.   He explained that there were already enough places for people to buy guns.   He argued that guns kill people, and while it isn't the gun's fault, it is better not to have any more places for people to buy guns.   Commissioner Hardin argued that there was a problem with gun violence on Folly Rd.  She also strongly supported the ban on gun shops.

Chairman Bevon supported Milliken's and Hardin's effort to ban gun shops from Folly Rd.   He argued that those opposing the ban should have spoke up earlier.  He said that it was now up to James Island Town Council.

Where did the prohibition come from?    The Draft of the Folly Road Overlay District was developed by a committee that included representatives from the Charleston County planning staff, the City of Charleston Planning staff,  and two members of the James Island Planning Commission.   Who were those representatives from the Planning Commission?  Commissioners Milliken and Hardin.    The Town's Planning Director, Hal Mason also participated in the meetings as did the Chairman of the Town's Land Use Committee, Councilman Leonard Blank.

I had insisted that the plan be presented to the business community on Folly Road before we went any further.   The meeting was held on August 29th.   Before the meeting, I reviewed the plan and noticed that the draft included a ban on gun shops.   I immediately asked the the Town Administrator about the ban.   Why were gun shops singled out?   Hal Mason didn't know and had no idea where it came from.   I then asked Leonard Blank.   Why do you want to ban gun shops?   He didn't want to ban gun shops and had no idea where this came from.   Joel Evans, from the Charleston County Planning Department arrived for the meeting.   I asked, "who proposed banning gun shops?"   He had no idea.   Charleston County's Zoning Ordinance doesn't specify gun shops at all.   The County staff wasn't promoting this idea.

The Town's Planner, Kristen Crane called the City of Charleston Planning Director.   Was the City of Charleston pushing the ban on gun shops?   No.  The City of Charleston had no interest in prohibiting gun shops.

Who could it have been?   Well, it became obvious tonight.   The Town's representatives on the committee, Garret Milliken and Robin Hardin both strongly supported a ban on gun shops.   And the Chairman, David Bevon went along.

Is that a surprise?    Garret Milliken and Robin Hardin both want to micromanage every homeowner's landscaping decisions too.   And Chairman Bevon followed along.

The public hearing on Chapters 8 and 9 is coming up next week, September 19.   Will Town Council impose stricter tree regulations on the homeowners of the Town of James Island?  Will the Town regulate more than the City of Charleston and Charleston County?

The public hearing on the Folly Road Overlay District will be on October 17.   Will the Town ban gun shops on Folly Road?  

Please contact your Town Councilman.    Please tell them to stop this excessive regulation of the people of James Island.    Tell them to support the James Island way.

Here is the contact information for Town Council:

Councilwoman Mary Beth BerryMBBerry@jamesislandsc.us

Councilman Leonard Blank lblank@jamesislandsc.us

Councilman Sam Kernodlecouncilmankernodle@jamesislandsc.us

Councilman Troy MullinaxDarrenTroyMullinax@jamesislandsc.us