The Town of James Island Board of Zoning Appeals approved the removal of a 26 inch oak tree at the corner of Stiles and Harbor View Road last night. The vote was 3 to 0. Town Council had approved a municipal agreement with the State of South Carolina and Charleston County approving the project on June 20th. Approving the removal of the one grand tree was the last step for approval by the Town of James Island.
Construction is currently planned to start in April of 2014 and should last 18 months. The completion date, then, would be October 2015.
Wednesday, August 21, 2013
Sunday, August 18, 2013
Exotic Pest Trees of South Carolina
Exotic Pest Trees in
South Carolina
http://www.se-eppc.org/southcarolina/
The South Carolina Pest Plant Council designates invastive and exotic pest plants. Some of the pest plants are trees. The problem with these trees is that they reproduce, and spread, replacing our native South Carolina Trees.
Currently, only the Sawtooth Oak is protected under the James Island Zoning and Subdivision Ordinance, if it is 24 inches or greater. If the amendment proposed by the majority of Town Council passes, then all of these invasive species will be protected, except Chinese Tallow trees. In my view, the Town should not prohibit anyone from removing any tree on the list of Exotic Invasive Plant Species.
Tree of Heaven Ailanthus altissima
(China)
Severe Threat
Chinaberry Melia
azedarach
(South and Southeast
Asia and Australia)
Severe Threat
Princess Tree Paulownia tomentosa
(China)
Severe Threat
Chinese Tallow Tree Triadica sebifera
(China and Japan)
Severe Threat
Mimosa Albizia julibrissin
(Southwestern and
Eastern Asia)
Significant Threat
Chinese Parasol Tree Firmiana simplex
(Asia)
Significant Threat
White Mulberry Morus alba
(North China)
Significant Threat
White Poplar Populus alba
(North Africa, Europe,
and Central Asia)
Significant Threat
Paper Mulberry Morus
papyrifera
(Eastern Asia)
Significant Threat
Camphor Tree Cinnamomum camphora
(East Asia)
Emerging Threat
Bradford Pear Pyrus calleryana
China and Vietnam
Emerging Threat
Russian Olive Elaeagnus angustifolia
(Western and Central
Asia)
Alert
Sawtooth Oak Quercus acutissima
China, Korea, Japan
Alert
Friday, August 16, 2013
Public Hearing on September 19
The majority of Town Council voted to impose stricter tree regulations on James Island homeowners by voting to amend to Chapters 8 and 9 of the Town's Zoning and Subdivision Regulation Ordinance on June 20th. They voted to define grand tree as all trees other than pines, sweet gum, or Chinese Tallow with diameter 18 inches or greater. Councilmen Kernodle and Mullinax supported the change as did Councilwoman Berry. (Councilman Blank and I opposed it.) The Planning Commission reviewed this amendment on August 8th. The majority of the Planning Commission supported increased regulation, with Commissioners Milliken, Hardin, and Bevon voting in favor. (Commissioners Lohr and Neal opposed it.)
Now it is your turn. Do you want the Town imposing stricter regulations on the homeowners of James Island? Come to the public hearing on September 19th at 7:00. Be sure to sign up to speak. Also, you may contact your members of Town Council. Go to the town website to find their emails.
Also, you can still send emails to treecontrols@jamesislandsc.us.
I believe that best policy for the Town is to define grand trees as all trees other than pines, sweetgums, and exotic invasive trees with diameter greater than 24 inches. Chinese Tallow is just one of may exotic pest trees. 24 inches is the diameter that applied when James Island homeowners were in Charleston County and when during the Town's first and third incorporation.
For more information on grand trees see What is a Grand Tree.
Thursday, August 15, 2013
City Drops Suit on Annexations
The City of Charleston has dropped its suit against the Town's annexations on Peregrine Drive and Schooner Drive. This clears the way for the Town to begin a petition drive and hold an annexation election for the "West Fort Johnson Road" area as well as the end of Lighthouse Point.
I plan to start going door-to-door in the next couple of weeks. We need 25% of the registered voters in the area to be annexed to sign a petition. After that, the Town can schedule an election. If the majority of those voting in the election support returning to the Town, then they will be back.
The Town annexed 6 properties last spring, including the Peregrine Drive and Schooner Road properties, but also properties in Secessionville, the Grimball Road area, Riverrun, and on Sol Legare. The State of South Carolina sued the Town to block these annexations in Secessionville, the Grimball Road area, Riverrun, and on Sol Legare, insisting that the properties were not contiguous to the rest of the Town. The Town signed a consent order with the State, reversing these four annexations.
The City of Charleston sued the Town regarding all six annexations. The Town argued that the City has no standing to sue. The City dropped its suit.
I plan to start going door-to-door in the next couple of weeks. We need 25% of the registered voters in the area to be annexed to sign a petition. After that, the Town can schedule an election. If the majority of those voting in the election support returning to the Town, then they will be back.
The Town annexed 6 properties last spring, including the Peregrine Drive and Schooner Road properties, but also properties in Secessionville, the Grimball Road area, Riverrun, and on Sol Legare. The State of South Carolina sued the Town to block these annexations in Secessionville, the Grimball Road area, Riverrun, and on Sol Legare, insisting that the properties were not contiguous to the rest of the Town. The Town signed a consent order with the State, reversing these four annexations.
The City of Charleston sued the Town regarding all six annexations. The Town argued that the City has no standing to sue. The City dropped its suit.
Tuesday, August 13, 2013
Commercial Development at 832 Folly Road
The owners of 832 Folly Road proposed to redevelop the property. This property is on the corner of Highland Avenue and Old Folly Road. It is in front of the Bi-Lo shopping center and across Highland Avenue from the Heart Restaurant. There are three buildings on the property now. The Wag Factory and Trudy's Dance operated out of two of them. The third building's most recent tenant was the Box Factory.
The developer proposed to demolish those three buildings and replace them with two large retail spaces. There would be sidewalks on the streets and the buildings would be next to the sidewalks. The parking lot would be behind the building adjacent to the parking lot in front of the Bi-Lo shopping center.
To fit in the two buildings, the required parking lot, and required water retention ponds, the developer proposed to remove 5 grand trees. The plan kept 10 grand trees and 23 other trees. They proposed planting 41 new trees.
Here is a copy of the plan that was presented to the James Island Board of Zoning Appeals.
The developer proposed to demolish those three buildings and replace them with two large retail spaces. There would be sidewalks on the streets and the buildings would be next to the sidewalks. The parking lot would be behind the building adjacent to the parking lot in front of the Bi-Lo shopping center.
To fit in the two buildings, the required parking lot, and required water retention ponds, the developer proposed to remove 5 grand trees. The plan kept 10 grand trees and 23 other trees. They proposed planting 41 new trees.
Here is a copy of the plan that was presented to the James Island Board of Zoning Appeals.
Based upon this plan, the Board of Zoning Appeals approved the removal of the 5 grand trees.
Robin Hardin, a member of the Planning Commission, claimed that the property was clear cut and that only one grand tree was saved. This is false. As mentioned above, 10 grand trees and 23 other trees were saved. These other trees are all greater than 8 inches in diameter and include a variety of species--mostly oaks and cherry. The trees removed from the foot print of the proposed buildings, the parking lot, and water retention ponds make up a substantial area. That was cleared.
Will the proposed retail space materialized? What will it look like after the 41 new trees have been planted and have had a chance to grow?
We will see.
Friday, August 9, 2013
Planning Commission Meeting
The Planning Commission voted 3 to 2 to impose stricter regulation on James Island homeowners last night. They recommended changing the definition of grand tree to all trees other than pines, sweet gum, and Chinese tallow with diameter 18 inches or greater.
Commissioners Milliken and Hardin voted for stricter regulation, which they have been promoting for several months. Chairman Bevon voted in favor as well, reversing the result from the May meeting of the Planning Commission.
Commissioners Lohr and Neal voted against recommending the stricter regulation. I appreciated Commissioner Lohr's arguments in favor a letting homeowners make their own decisions.
Two town citizens spoke out in opposition to excessive regulation. Three Town residents spoke out in favor of stricter regulation.
I was especially irritated with Carol and Frank Temple who called for stricter regulation of trees in the Town. Why? They abandoned the Town when it was closed in 2011 and annexed to the City of Charleston. And now they were telling us how to regulate the trees in our yards. (Carol Temple was the Democrat candidate for SC House who lost in a landslide to Town resident and supporter Rep. Peter McCoy.)
The Town received 17 emails, one letter, and one call in opposition to the stricter regulation. The Town received 22 emails from Town residents in favor of the stricter regulation, mostly right before the June 20th Town Council meeting. (It is important to keep in mind that all of this public input amounts to 1/2 of one percent of the voters of the Town.)
The Planning Commission makes recommendations to Council. A public hearing will be held on chapters 8 and 9 as amended at the Town Council meeting on September 19. First reading on the amended chapters will be held at that meeting. Second and final reading will be held at the October meeting.
Since Councilman Kernodle, Councilwoman Berry, and Councilman Mullinax all voted to amend chapter 8 and 9 to impose these stricter regulations, it is likely to pass unless one of them changes their mind.
If the stricter regulations do pass, after October 17, anyone cutting down or severely pruning any tree other than a sweet gum, pine, or Chinese tallow with diameter 18 inches or greater without a permit will be subject to heavy fines. (A homeowner recently cut down a 26" oak tree and has a $6,000 fine.) If a certified arborist says that the tree is diseased or dying, then the Planning Director will issue a permit for $25. To remove a healthy tree, the homeowner must pay the $25, appear before the Board of Zoning appeals and if a variance is granted, inch-for-inch mitigation is required. (The BZA has rejected the one request the Town received from a homeowner. It has approved two requests, though the mitigation it imposed for 2 water oaks, one 26' and one 36" is estimated to cost at least $20,000.)
Before the Commission vote, Town Planner Kristen Crane presented the staff recommendations. The first was to remove the definition of grand trees from chapter 8 and just provide a reference to chapter 9. The second was to change the definition of grand tree to all trees with diameter greater than 24 inches, instead of just oak trees. The third recommendation was to create an exception from the tree regulation by removing all invasive species identified by the South Carolina Pest Plant Council along with pines and sweet gums. (Chinese tallow tree are on the list of pest trees.) The fourth recommendation was to allow trees to be removed from single family residences if they are within `12 feet of the permitted of an existing or proposed single family home.
None of the staff recommendations were even considered by the Commissioners. Fortunately, Town Council can pass a resolution requesting that the Planning Commission make a recommendation regarding the staff proposals. After the Planning Commission makes a recommendation, Town Council can act on those recommendations, perhaps as early as the October meeting.
Commissioners Milliken and Hardin voted for stricter regulation, which they have been promoting for several months. Chairman Bevon voted in favor as well, reversing the result from the May meeting of the Planning Commission.
Commissioners Lohr and Neal voted against recommending the stricter regulation. I appreciated Commissioner Lohr's arguments in favor a letting homeowners make their own decisions.
Two town citizens spoke out in opposition to excessive regulation. Three Town residents spoke out in favor of stricter regulation.
I was especially irritated with Carol and Frank Temple who called for stricter regulation of trees in the Town. Why? They abandoned the Town when it was closed in 2011 and annexed to the City of Charleston. And now they were telling us how to regulate the trees in our yards. (Carol Temple was the Democrat candidate for SC House who lost in a landslide to Town resident and supporter Rep. Peter McCoy.)
The Town received 17 emails, one letter, and one call in opposition to the stricter regulation. The Town received 22 emails from Town residents in favor of the stricter regulation, mostly right before the June 20th Town Council meeting. (It is important to keep in mind that all of this public input amounts to 1/2 of one percent of the voters of the Town.)
The Planning Commission makes recommendations to Council. A public hearing will be held on chapters 8 and 9 as amended at the Town Council meeting on September 19. First reading on the amended chapters will be held at that meeting. Second and final reading will be held at the October meeting.
Since Councilman Kernodle, Councilwoman Berry, and Councilman Mullinax all voted to amend chapter 8 and 9 to impose these stricter regulations, it is likely to pass unless one of them changes their mind.
If the stricter regulations do pass, after October 17, anyone cutting down or severely pruning any tree other than a sweet gum, pine, or Chinese tallow with diameter 18 inches or greater without a permit will be subject to heavy fines. (A homeowner recently cut down a 26" oak tree and has a $6,000 fine.) If a certified arborist says that the tree is diseased or dying, then the Planning Director will issue a permit for $25. To remove a healthy tree, the homeowner must pay the $25, appear before the Board of Zoning appeals and if a variance is granted, inch-for-inch mitigation is required. (The BZA has rejected the one request the Town received from a homeowner. It has approved two requests, though the mitigation it imposed for 2 water oaks, one 26' and one 36" is estimated to cost at least $20,000.)
Before the Commission vote, Town Planner Kristen Crane presented the staff recommendations. The first was to remove the definition of grand trees from chapter 8 and just provide a reference to chapter 9. The second was to change the definition of grand tree to all trees with diameter greater than 24 inches, instead of just oak trees. The third recommendation was to create an exception from the tree regulation by removing all invasive species identified by the South Carolina Pest Plant Council along with pines and sweet gums. (Chinese tallow tree are on the list of pest trees.) The fourth recommendation was to allow trees to be removed from single family residences if they are within `12 feet of the permitted of an existing or proposed single family home.
None of the staff recommendations were even considered by the Commissioners. Fortunately, Town Council can pass a resolution requesting that the Planning Commission make a recommendation regarding the staff proposals. After the Planning Commission makes a recommendation, Town Council can act on those recommendations, perhaps as early as the October meeting.
Thursday, August 8, 2013
Town Administrator
Hal Mason resigned as Town Administrator on June 20th. His last day is August 30th. He has been a tremendous help to the Town. He had served for four years as the Town Administrator in Hanahan. I am very sad to see him go. I am very anxious to hire a replacement.
According to South Carolina law, with the Mayor-Council form of government:
The Town began advertising immediately after June 20th. The Town has received over 40 applications for the position. While the applications are confidential, they have been available for review by members of Council since August 5th.
In my view, given where we are in the Town's development, the Town should hire an experienced Town Administrator. There are nine applicants who either are Town Administrators now or served as Town Administrators in the past. These applicants are from across the country--from New England to the Southwest.
I think that the ideal candidate will have served as a Town Administrator in South Carolina. The Town receives much of its revenue from the Local Option Sales Tax and State Aid to Subdivisions. These are South Carolina programs, so those with experience in South Carolina municipal government should understand them. We also receive substantial revenue through the Municipal Association of South Carolina. Again, this is something about which a Town Administrator with South Carolina experience would understand. Finally, annexation law is very specific to each state.
Better yet would be a Town Administrator with experience in Charleston County. All municipalities work with the County on the 1/2 cent sales tax and CTC projects. But the Town of James Island has an intergovernmental agreement with Charleston County regarding a variety of other public services. A Town Administrator with experience working with an intergovernmental agreement with Charleston County would be ideal.
Fortunately, the Town does have a candidate for the position of Town Administrator who fits these criterion. She is from Johns Island and a graduate of the Academic Magnet School. She received a BA in Public Administration and a Masters of Business Administration from Winthrop University. She has served as the Town Administrator of Kiawah Island for the last 6 years.
At the Town Council meeting last night, I nominated Tumiko Rucker to serve as James Island's Town Administrator. The majority of Town Council voted in favor of the appointment. I hope that we will sign a contract soon and that she will begin work in September.
According to South Carolina law, with the Mayor-Council form of government:
The mayor and council may employ an administrator to assist the mayor in his office.
The Town began advertising immediately after June 20th. The Town has received over 40 applications for the position. While the applications are confidential, they have been available for review by members of Council since August 5th.
In my view, given where we are in the Town's development, the Town should hire an experienced Town Administrator. There are nine applicants who either are Town Administrators now or served as Town Administrators in the past. These applicants are from across the country--from New England to the Southwest.
I think that the ideal candidate will have served as a Town Administrator in South Carolina. The Town receives much of its revenue from the Local Option Sales Tax and State Aid to Subdivisions. These are South Carolina programs, so those with experience in South Carolina municipal government should understand them. We also receive substantial revenue through the Municipal Association of South Carolina. Again, this is something about which a Town Administrator with South Carolina experience would understand. Finally, annexation law is very specific to each state.
Better yet would be a Town Administrator with experience in Charleston County. All municipalities work with the County on the 1/2 cent sales tax and CTC projects. But the Town of James Island has an intergovernmental agreement with Charleston County regarding a variety of other public services. A Town Administrator with experience working with an intergovernmental agreement with Charleston County would be ideal.
Fortunately, the Town does have a candidate for the position of Town Administrator who fits these criterion. She is from Johns Island and a graduate of the Academic Magnet School. She received a BA in Public Administration and a Masters of Business Administration from Winthrop University. She has served as the Town Administrator of Kiawah Island for the last 6 years.
At the Town Council meeting last night, I nominated Tumiko Rucker to serve as James Island's Town Administrator. The majority of Town Council voted in favor of the appointment. I hope that we will sign a contract soon and that she will begin work in September.
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