Action Heating & Air Conditioning in Sullivan's Island, SC

In a single generation, a vast forest has grown atop accreted sand along the southern shores of Sullivan’s Island, creating a natural wonder with its own nature trails, wildlife and unexpected vistas that give residents and visitors an excellent sense of the Lowcountry landscape that existed long before man first stepped foot here.

The maritime forest also has been a source of controversy from its earliest days, pitting a majority of those who cherish this gift from nature and natural storm barrier against a vocal minority of affluent and influential property owners who understandably don’t like aspects of it, particularly how the growing trees block their views of the Atlantic Ocean.

For decades, the town managed this friction as local governments should — with a series of compromises that delighted neither side but allowed some pruning and adjustments here and there to mollify the residents abutting the forest. Then came last year, when a slim majority on Town Council, possibly emboldened by the distraction of a pandemic, approved a far more expansive plan to cut back the forest, on a series of 4-3 votes. This brazen action led a solid majority of town voters to elect a new council against that deal and supportive of the forest.

As we noted after that election, the voters sent a clear and powerful message to conserve the growing maritime forest, and we urged town officials to act. It’s disappointing, if understandable, that they have been so slow to act. One reason for the delay is that the S.C. Department of Health and Environmental Control is still determining what permits, if any, it will require before any cutting begins. Town Council has hesitated, too, because its October 2020 vote authorized a legal settlement that was approved by court order. So, legally speaking, it’s complicated.

But it’s time for forest supporters to act as boldly and decisively as opponents did to challenge the deal — before the first chainsaw is fired up.

We were encouraged last week when Town Council agreed to hire an outside attorney to review its rights under the settlement agreement. While forest opponents claim the agreement is set in stone, we doubt that. Although entering into a legally binding contract is different from simply approving an ordinance, there’s still a significant legal principle — embraced last month by the S.C. Supreme Court in the lawsuit challenging the Heritage Act — that says one legislative body can’t bind its successors. Town Council should at least explore whether the contract’s language does actually bind it, and, if so, what its legal options are for voiding or amending the contract.

Time is of the essence. One legal avenue would require action within a year of the court order, first signed Oct. 15, 2020, but amended in April; one of the many legal questions that needs clarification is whether Oct. 15 is the deadline or whether the town has until April to appeal. But there may be a more pressing deadline. Depending on what DHEC requires for a permit, opponents may try to begin the cutting as early as next month.

Ross Appel, a lawyer and Charleston City Council member hired by the maritime forest’s supporters, correctly notes that a court ultimately will decide, but Town Council at least needs to ask.

Contrary to what some claim, the town never promised it would manage the growing forest in a way that maintains beachfront residents’ ocean views; the original deed restriction for the forest does allow for some cutting, including cutting to create views, if Town Council so chooses.

And that is ultimately what Town Council must do now: make a choice. We urge it in the strongest possible terms to choose actions that challenge the settlement agreement and shed more light on how future councils may amend it. It’s time to act on the message town voters sent in May.

Get a weekly recap of South Carolina opinion and analysis from The Post and Courier in your inbox on Monday evenings.

By Karen Byko for Island Eye News

It has been almost four months since a new Sullivan’s Island Town Council and Mayor were voted in by a landslide with a clear mandate to do everything in their power to mitigate the destruction to the maritime forest. However, since taking office, Town Council has taken no action, despite the ability to ask for judicial review to see whether a settlement agreement passed by the last Town Council complies with South Carolina Law. That settlement agreement allows for unprecedented cutting of the maritime forest.

CALL TO ACTION: We urge every citizen who wants to save the forest to attend the Tuesday, September 21^st Town Council meeting at 6pm: 2056 Middle Street, Sullivan’s’ Island, SC 29482 (Masks required).

LEGAL OPINION SHEDS LIGHT ON PATH FORWARD

“We believe inaction is unacceptable on an issue of this magnitude that impacts the safety and ecological health of our island,” said Sullivan’s Island for All President Karen Byko. “We must let these councilmembers know that despite past warnings from those who wrote the settlement that it is ‘unchallengeable,’ there actually is a path forward and we found there is legal precedent to do so.”

The public deserves to know:

To get these answers, Land-Use and Environmental Lawyer Ross Appel researched the issue and provided a thoroughly documented legal opinion to Sullivan’s Island for All that Town Council has two clear legal mechanisms available to challenge the settlement and the court order approving the settlement.

Based on legal precedents, it is Mr. Appel’s opinion, that nothing in the Settlement precludes Town Council from taking either of these actions. As we are fast approaching the one-year anniversary of the original settlement, Town Council is urged to follow Mr. Appel’s opinions and act immediately to call an emergency session of Council to approve the hiring of outside legal counsel to advise on the filing of a Declaratory Judgement and a Rule 60 request for relief under the court order.

“Town Council is likely the only entity with legal standing to take these actions. They were elected in the largest voter turn-out in island history – and now History is watching them,” Byko said. “It is their duty to do everything they can to protect this amazing natural resource that benefits the entire Lowcountry. Please come to the Town Council meeting on Tuesday and urge them to take action.”

Sullivan’s Island for All is a 501(c)4 nonprofit with a mission to preserve the Sullivan’s Island Maritime Forest and accreted land in its natural state for the benefit, protection and enjoyment of all.

CHARLESTON, S.C. (WCSC) - I knew it was gonna be bad the first night.

When Weatherman Charlie Hall came back from the teletype machine with the latest on the storm, I could see it on his face. Things didn’t look good for us . I had never seen Charlie so serious, anxious and down.

Hugo made a direct hit on the Lowcountry. There was devastation all around. This monster came ashore on Sullivan’s Island as a category 4 storm with winds whipping up over 130 miles an hour.

I toured the island soon after it hit. It was strange to see empty stairs leading to nothing. Then, right next door, a house that was standing intact, barely touched by the fury of the storm.

The land and streets were flooded everywhere.

The town of McClellanville bore the full brunt of the hurricane. It tore through this quaint little fishing community east of the Cooper River. The damage here was stunning.

Everywhere I looked in the Lowcountry, trees were down, the cool shade of so many familiar pines was gone.

Just down the road from Mccllellanville, in Awendaw, we learned later, people climbed up to the top of Lincoln High standing on chairs on top of desks to get above the rising flood waters of the storm surge. They all made it, some barely.

I remember seeing boats tossed up on the street, blocking parts of Lockwood Boulevard in downtown Charleston. For days after the storm, we broadcast 12 hours a day simulcasting on both television and the radio to bring people the latest on the recovery. We spoke about things like where to get a hot meal and water, and where the traffic lights were working again, as well as which hospitals had the lights back on, and when power might be coming back for the rest of us.

I saw National Guard troops on King Street downtown, protecting the city from looting.

One of them stopped me to find out why I was breaking curfew. I told him I was working. He let me go on to the television station which had flooded on East Bay Street.

Two and a half weeks after the storm, I remember seeing an out-of-state power company in my neighborhood. I was so grateful I wanted to hug the guys restoring our electricity.

Several times, always alone, I broke down and cried. It hit me hard.

The normal rhythm of our lives was disrupted and we couldn’t get things back to normal. I had never seen anything like Hurricane Hugo.

I never want to again.

Bill Sharpe

Copyright 2021 WCSC. All rights reserved.

Charleston, S.C. -- Construction activity began early this September on the restoration of the Crab Bank Seabird Sanctuary, nestled in Charleston Harbor between the tip of Sullivan’s Island and Patriots Point.

The restoration of Crab Bank was identified as a beneficial use alternative for dredged material in 2011 during the feasibility study for the Charleston Harbor Post 45 Deepening Project. To help offset additional costs, South Carolina Department of Natural Resources stepped up to serve as the project’s required non-federal sponsor.

When finished, the project will create roughly 32 acres of prime nesting habitat for many coastal birds that frequent the Lowcountry. The project uses approximately 660,000 cubic yards of compatible material from the Charleston Harbor Post 45 Deepening project. Rather than moving the material miles offshore to the ocean placement site, it will be reused in this highly beneficial way, creating a “win-win” for all.

During construction, USACE asks boaters and paddlers in the vicinity of Shem Creek, the Mount Pleasant Old Village shoreline, and the federal navigation channel between Castle Pinckney and Fort Sumter to take extra precautions. This type of operation is not typical in this section of the harbor.

In addition to the aptly-named Dredge “Charleston,” the area will also have several support vessels, floating and submerged pipelines, and auxiliary equipment. These are all hazards to boaters and paddlers in the immediate area.

Boaters and paddlers should keep a safe distance, use slow speeds, and be hyper-aware of submerged and floating pipelines, especially when there is poor visibility. The public should not approach the equipment or the restored footprint. The project can be viewed at a safe distance at locations such as the Pitt Street Bridge, the Shem Creek Boardwalk or Alhambra Hall Park.

Residents and businesses may also experience some noise and lights that are not normally present due to the close proximity of the work to the shoreline. Earthmoving equipment outfitted with lights and audible signals that are required by safety regulations will be mobilized and operate around the clock.

While this may create some short-term inconvenience, the long-term benefits of a restored Crab Bank will be a major benefit to the shorebirds and our community.

“We are thrilled this important work has begun, but it is challenging, and we want it completed as safely and expeditiously as possible,” said Lt. Col. Andrew Johannes, district commander.

Construction is expected to take a few months, depending on weather and equipment.

“As the Charleston District celebrates 150-years of service to both South Carolina and the nation, Crab Bank is just another in a long list of projects we have undertaken to support both the environment and economy,” Johannes said.

SULLIVAN'S ISLAND, S.C. (WCIV) — UPDATE: In a vote of 4-2, Sullivan's Island Town council members voted to move forward with the revised maritime forest plan.

Sullivan's Islands’ maritime forest runs from Station 16, past the new elementary school, and up to Station 28.5. Now some of that vegetation is on the chopping block.

“We know that the number one threat on this island is hurricane storm surge penetrating the inland,” says “Sullivan's Island For All” organizer Karen Byko.

The forest is the natural barrier, says Byko.

“We know that the height, the density, the coverage type of vegetation protects us from storm surge inland,” says Byko.

But property owners say it obscures views and breezes, contributes to fire risk and it's a breeding ground for pests.

After a decade long legal battle, front row property owners and the town came to an agreement- parts of the forest would go.

“The next steps are to present the plan and submit an application to the regulatory agencies for their review,” says Sullivan's Island Mayor Pat O’Neil.

“I don’t know why the town is working so hard to get this thing done which is ocean views and breezes, to the detriment of the rest of the town who is protected by that land,” says Byko.

In the first town council vote that paved the way for this revised plan, three of the four council members who voted in favor are also front row property owners.

In the old plan some of the vegetation was getting cut to the ground, that's been revised to about three feet.

The revised plan was announced last Friday, allowing only a few days for review by town residents.

ABC News 4 asked for the town council members to comment, but all refused or did not return our call except for Mayor O'Neil.

“It ain’t over till it’s over, but if we have the same seven of us voting on it, I would not be surprised if it got approved,” says O’Neil.

We reached out to the regulatory agencies responsible issuing permits, DHEC and the Army Corps of Engineers.

DHEC's Ocean and Coastal Resource Management Office (OCRM) hasn't received any permit applications or cutting plans from the Town of Sullivan's Island or private landowners on the island to perform cutting work seaward of the OCRM beachfront jurisdictional setback line.

OCRM staff have had informal discussions with Town of Sullivan's Island representatives regarding various cutting scenarios in order to provide information as requested, but DHEC and town officials have not discussed moving the OCRM beachfront jurisdictional setback line. South Carolina law requires DHEC to establish and review the position of the two lines of beachfront jurisdiction every seven to ten years. The next line revision cycle will begin no sooner than 2024.