2026-09-08 - City Council

Summary

Built from the agenda listing, the posted regular Council minutes (read) and the auto-generated video captions (about 1 hour 6 minutes); caption names and numbers may be misheard.

  • The minutes record a quorum of 13 (the Mayor, Mayor Cogswell, and the 12 district members). Clerk of Council Jennifer B. Cook signed the minutes, which were approved at the September 22 meeting.
  • Council proclaimed September 2026 Recovery Month, recognizing the Probate Court drug court program. No public hearings were held.
  • 17 citizen speakers addressed Council on topics including food-cart bidding language, the First Amendment demonstration ordinance and the 148 Smith Street settlement. The Mayor said no ordinance vote on the demonstration ordinance was on the agenda. See Food Carts and Demonstration Ordinance Public Comment and 148 Smith Street Settlement.
  • Council passed an amended settlement for 148 Smith Street by roll call, 7 to 5, after debate. See 148 Smith Street Settlement.
  • Appointments were approved by voice vote, including to the Commission on the Arts and the Recreation Commission.
  • Committee reports were adopted. Community Development: a resolution certifying 141 Meeting Street for the South Carolina abandoned buildings tax credit was approved unanimously, and infill housing at 806 Magnolia Road was discussed. Human Resources: rising healthcare costs, the completed compensation study, a drug-testing policy discussion, and parental leave deferred to the next meeting; see 2027 Employee Healthcare Budget and CIGNA Renewal (CIGNA ASO renewal at $34,582,245). Ways and Means: a member clarified that the $5 million employee bonus is performance-based with fixed amounts by score.
  • One bill was deferred while the city waits on Berkeley County action. Twelve bills (N-1 to N-12) passed second reading.

Agenda

Agenda posted; the items are summarized above.

Sources

Video

Watch the video

Transcript

*These are auto-generated captions; names and numbers may be misheard.

Transcript

00:19I'd like to call this September 8th

00:21meeting of City Council to order. Madam

00:25Clerk, would you please call the roll?

00:27>> Councilmember Greg. Councilmember

00:29Shealy. Councilmember McBride.

00:31Councilmember Poulton. Councilmember

00:33Brady.

00:34>> Present.

00:34>> Councilmember De Alassandro.

00:36Councilmember Waring. Councilmember

00:38Seekings. Councilmember Tinkler.

00:40Councilmember Bowden. Councilmember

00:42Apel. Councilmember Scardon. Mayor

00:45Cogswell.

00:46>> Here. I'd now like to ask Councilmember

00:48Seekings to give the invocation and lead

00:50everybody in the pledge of allegiance.

00:52>> Will you all please rise? Thank you.

00:56Heavenly Father, bless us all and keep

00:58us under your wing. May your divinity

01:00shine on us and fill us with your grace.

01:03Allow us all to feel your presence as we

01:06set about in our duties,

01:08mindful of your humble guidance. For

01:10those in need or feeling the effects of

01:12ill health, we pray for your gentle hand

01:14of relief and recovery.

01:16Let us strive all together and with your

01:19guidance to make this a better world.

01:22Amen.

01:23>> Amen.

01:23>> I pledge allegiance to the flag of the

01:26United States of America and to the

01:29republic for which it stands, one nation

01:32under God,

01:33indivisible, with liberty and justice

01:36for all.

01:38>> All right. We [snorts] have

01:42one recognition tonight. I'd like to ask

01:44Judge Condon and staff from Charleston

01:47County Probate Court to join me up here

01:49as well as Terry Smith and

01:51Jackie

01:53Fussell?

01:54Hussell?

01:56Uh from FAVOR Lowcountry.

01:59>> Come on up.

02:02How are you?

02:03Good to see you.

02:05Good to see you.

02:07That's all right. Better late than

02:09never, I like to say.

02:13Good to see you.

02:14All right.

02:18Whereas, substance use disorder affects

02:21individuals, families, and communities

02:23throughout the city of Charleston. And

02:25recovery is possible when people have

02:27access to support, resources, treatment,

02:30connection, and hope.

02:32And whereas, September is nationally

02:34recognized as recovery month, providing

02:36an opportunity to celebrate individuals

02:38living in recovery, honor families and

02:41recovery professionals, raise awareness

02:43of effective recovery supports, and

02:46remind our community that people can and

02:48do recover.

02:50Whereas, stigma remains one of the

02:53greatest barriers of preventing

02:55individuals from seeking help, making it

02:57essential that Charleston promotes

02:58dignity, compassion, understanding, and

03:02multiple pathways to recover.

03:04And whereas, FAVOR Lowcountry Faces and

03:07Voices of Recovery Lowcountry serves as

03:11a recovery community organization

03:13dedicated to providing peer recovery

03:15support, advocacy, education, overdose

03:19prevention, resource navigation, and

03:22connections to treatment and recovery

03:24services for individuals and families

03:27throughout the Lowcountry. And whereas,

03:29FAVOR Lowcountry elevates the voices of

03:32individuals with lived experience and

03:34demonstrates the power of peer support,

03:37connection, and community in helping

03:39people begin and sustain recovery.

03:43And whereas, FAVOR Lowcountry's

03:44collaboration with the city of

03:45Charleston, the Charleston Police

03:47Department, treatment and healthcare

03:49providers, first responders, and other

03:51community partners strengthen

03:54Charleston's ability to respond to

03:56substance abuse disorder with

03:58compassion, connection, and recovery

04:01focused solutions.

04:03And whereas individuals in recovery

04:05contribute greatly to Charleston as

04:07parents, employees, business owners,

04:11public servants, advocates, neighbors,

04:13and community leaders demonstrating

04:15every day that recovery is a reality.

04:19And whereas the city of Charleston

04:21recognizes the importance of supporting

04:24recovery and ensuring that every

04:26resident impacted by substance use

04:29disorder knows that they are not alone,

04:32their lives have value, and recovery is

04:36possible.

04:37Now, therefore, I, William S. Cogswell

04:39Jr., mayor of the city of Charleston,

04:41do hereby proclaim September 2026

04:45as Recovery Month in the city of

04:47Charleston and encourage all residents,

04:50businesses, organizations, community

04:52leaders to join the city and favor low

04:55country in celebrating recovery,

04:57reducing stigma, honoring individuals

05:00and families impacted by substance abuse

05:02disorder, and strengthening pathways to

05:05recovery throughout our community.

05:09Let's give it a round of applause.

05:15Guys, would anybody like to say a few

05:16words or

05:19I'll come on up, man.

05:21I'll be brief. If you haven't, come over

05:24and see our drug court. We've got some

05:26people that have worked in it here. And

05:29it's on Wednesday afternoon at 4:00. And

05:32we're honored

05:333 weeks ago to have a commencement, a

05:35graduation, and to have your police

05:38chief, Chito Walker, come and be our

05:40commencement speaker. And if you talk to

05:43him, he'll tell you that he was very

05:44much moved by

05:47the way that we're trying to save lives

05:49and we appreciate the city's support and

05:52the community's support not only with

05:54favor but everyone that in the treatment

05:57community trying to help others. Thank

06:00you.

06:01>> Thank you.

06:38>> Councilman Balden.

06:40>> Thank you. I I just wanted to reiterate

06:42what Judge Condon said that you know, if

06:45if y'all get time, I know everybody's

06:46very busy,

06:49y'all should reach out to the court and

06:50find out when there's going to be

06:53graduation ceremony.

06:56You'll you'll never see anything as

06:58moving as this

06:59and

07:01it

07:02they'll do a very good job of making

07:04sure that you understand where where

07:06this person was when they started the

07:07program and and where they

07:10where they are that day.

07:12It is

07:14this program really does amazing

07:15transformations and it's

07:18I

07:19assume the veterans treatment court

07:20still exists. It did when I was when I

07:21was public defender and I had the true

07:24honor of working in that program

07:27and

07:28addiction is so pervasive. I'm sure it's

07:31touched all of our families if not you

07:33know, most of our families

07:36and you know, to to see the the genuine

07:39transformations that are happening in

07:41our community. It is It is a

07:43program that deserves all of our

07:45support, anything we can possibly offer

07:48to to support the the men and women in

07:51that program and the men and women doing

07:52the work cuz it's it's difficult for

07:54them as well.

07:57>> Good stuff.

07:59Okay.

08:00We actually have no public hearings

08:02tonight, believe it or not. So,

08:05we're on to approval of council minutes.

08:07Can I get a motion?

08:10Motion made, properly seconded. All

08:11those in favor signify by saying I.

08:14Opposed. Eyes have it. We are now on to

08:16citizens participation. This is an

08:18opportunity for people of the community

08:21of Charleston to have their voices

08:23heard.

08:24Madam Clerk, how many people do we have

08:26signed up to speak?

08:27>> We have 17.

08:28>> 17. Wow, okay.

08:31Let's give everybody, cuz this is

08:33limited uh

08:35in time, to

08:381 minute per speaker. I ask that the

08:40speakers

08:42adhere to the rules of decorum. Again,

08:45we are here to have your voices heard.

08:48This is not a question and answer.

08:50So, we ask that you respect the rules of

08:53decorum. If you do not, I will give you

08:55one warning.

08:56If you persist, then you will be asked

08:58to leave the chamber. Madam Clerk,

09:00please call the first speaker.

09:03>> All right. We'll start with our

09:04in-person sign-up sheet. First, Laura

09:07Stossel.

09:11>> Hello, everybody.

09:13I'm here again.

09:14Is this on?

09:17I'm here to discuss the situation about

09:19the food

09:20carts in town.

09:23I was surprised to hear that we were

09:25starting to take bids already before I

09:27thought we we had a second reading, but

09:29I was maybe confused.

09:32We also had the opportunity to give in

09:34our comments and then have response back

09:37from the city.

09:39It's scary

09:41because

09:42this

09:44the paperwork was not put out correctly,

09:46I don't think.

09:48It doesn't say pushcart. It says food

09:50vendor. So,

09:52you could get a little truck coming

09:54there, a trailer, and sell food.

09:58I think we have some problems with the

10:00wording. We also have in there electric

10:02generators. I thought we discussed um

10:06inverters, battery inverters, little

10:08tiny battery inverters. That's going to

10:10be a problem for the city. I will

10:12probably lose the bid because I don't

10:15have enough money, I don't think, from

10:18what other people do.

10:20But I

10:24>> Matt Colburn

10:29>> 1 minute, so democratic. Uh everybody

10:31knows why I'm here today. I'm here today

10:32to speak about the 1A repressive

10:34ordinance you have. Uh more specifically

10:36about my charging ordinance, disorderly

10:38conduct. Arrested 15 months ago, still

10:40have not been have my day in court. Why

10:41haven't had my day in court? One of you,

10:43some of you, all you, I don't know. Uh

10:45contact prosecutor Kevin Hills and tell

10:46them to kick this can down the road. We

10:48know why you're doing that, because this

10:49ordinance does not have a leg to stand

10:51on politically. You understand that. You

10:52don't want these cases to go to court

10:54cuz it's going to prove that your your

10:55amendment is your first amendment

10:56ordinance is unconstitutional and it's

10:58repressive. It threatens violence.

11:00People go to jail for protesting.

11:01Protesting is not a crime. But I'm not

11:03worried about it. I want my day in

11:04court, and I want y'all to stop

11:05interfering in my case. Uh again, it

11:07just shows how weak this ordinance is.

11:08You do still have the chance to repeal

11:10it. You should. You wouldn't be here

11:12wanting to talk about the ordinance. I

11:13know it's on the agenda because of the

11:14pressure being put on it. Y'all

11:15understand this ordinance has y'all in a

11:17rock and a hard place. So, you could

11:18pretend it doesn't, but we know it does,

11:20and we want it repealed. Police and and

11:22ordinances do not make our protest

11:23safer. Not a single person here who

11:25protests feels safer when we have the

11:26police. Matter of fact, you want to talk

11:27about violence at protests, it's started

11:29by the police first. So, I know y'all

11:30have the first amendment ordinance on

11:32the agenda tonight. I look forward to it

11:33and also look forward to either my day

11:35in court or dismissal. Again, if y'all

11:37if someone in the council members are

11:38interfering in my case, that's a good

11:40sign. That just means they sure don't

11:41want this to go to court because I

11:43understand that you have no legal

11:44standing on. Repeal 1A. I want my day in

11:46court or dismissal. Thank you, Charles.

11:47>> Emil Stosel.

11:52>> My wife left off some of the language

11:54that we proposed at a special meeting we

11:56had regarding the appearance of carts.

11:59What Laura said you could get a

12:01stainless steel thing in here that

12:02doesn't fit the city. Our particular

12:03cart does and so does Spritz's cart.

12:06The other thing is that

12:07with the

12:08with the ambiguity that went out, there

12:11were 60 questions posed to Mrs. Robinson

12:15and they were all regarding generators.

12:17They were all regarding things that a

12:18food truck would would have to ask a

12:21question at. I again, you need to be

12:24more specific on this language. Which

12:26carts? It has to fit the city and one of

12:28the suggestions we made was appearance

12:31and there would need to be someone who

12:32has to say, "Hey, that looks great. Hey,

12:34that doesn't fit." These are the things

12:36that I think we really need to look at.

12:37We don't need to fast track this thing

12:40and we all want to work together. We're

12:41we're here to offer our help, whatever

12:43we can do, speak with any or all of you

12:45and we're more than willing to do that.

12:47We think it's a great program

12:49and we're kind of the like I said, we're

12:51a little piece but all the tourists come

12:53and see us and talk to us and say, "Hey,

12:55this is a great town." And they go home,

12:56they're going to look through their

12:57pictures, they're going to say, "I'm

12:58going to go back. I'm going to tell my

12:59friends." And they're all going to come

13:01back and spend more tourist dollars and

13:02that's what

13:03>> Time.

13:04>> what we're looking for. Thank you.

13:07>> Tim Shaw.

13:12>> Good afternoon. I'm Tim Shaw. I live in

13:14Mount Pleasant.

13:15I'm here to speak regarding the first

13:17amendment um

13:19ordinance for Charleston.

13:22The law has to tell ordinary people

13:24what conduct is prohibited.

13:27Charleston's demonstration ordinance

13:28does not

13:30Section 25-52A2

13:34bans demonstrations from coming within

13:3615 ft of anything aesthetic or artistic

13:39significance.

13:41What does that even mean?

13:44Section 25-52A7

13:47makes it a crime to damage grass.

13:50How does the crowd damage grass versus

13:52compress it?

13:53The ordinance doesn't say.

13:56Section 25-36

13:59defines a demonstration so broadly that

14:02according to the defense attorney in the

14:04pending prosecution, it includes a city

14:07council meeting.

14:09And here's what makes this especially

14:11troubling. It's not ordinary citizens

14:13who can't interpret the the ordinance.

14:15The police can't either.

14:17Officers cited zones signs zoning at

14:21laws at demonstrations when they

14:23apparently couldn't identify a provision

14:25of the demonstration ordinance to the

14:27>> Time.

14:28>> Thank you.

14:30>> Izzy Waldring?

14:36>> Uh my name is Izzy. Um I'm here to speak

14:38about the 1A ordinance. I'm a college

14:40student and I live in Charleston. Um and

14:42as you all know, student protests are

14:44usually a big factor in changing laws or

14:47unfair regulations and the 1A ordinance

14:50severely prohibits that. Um and it

14:52hinders student gathering and student

14:54activism on campus and in Charleston.

14:57Um I'm here to say that I think that the

15:001A ordinance should be repealed. I think

15:02that having requirements that people can

15:04go to jail for protesting or

15:06demonstrating is unfair and does not

15:08lead to safe protests. Thank you.

15:12>> Mike Jones?

15:18>> Hello. My name is Mike Jones. Um I'm

15:21here with the First Amendment

15:22Restoration Campaign to call for the

15:24full repeal of the First Amendment

15:26Demonstration Ordinance and to stand in

15:28solidarity with my friend Matt Colburn,

15:30who was arrested under under the

15:32ordinance and has not had a court date.

15:34It just keeps getting kicked down the

15:36road.

15:36Um under this ordinance, I I think a

15:40a field trip to Marion Square would

15:42would require permission from the chief

15:44of police. And I just think that falls

15:47short of a society of free and equal

15:49citizens when political like

15:52let political speech, any kind of

15:54gathering, right? You want to go out to

15:55the park and and

15:57throw a frisbee around with a couple of

15:59your friends and

16:00you know,

16:01you're on kind of shaky ground. You

16:03might you might trip over a monument.

16:05So, I

16:08the it's it's it's inappropriate that

16:11law enforcement is this involved in

16:13political speech and in regulating and

16:16like essentially giving its permission

16:18of First Amendment protected and that

16:21our traditional public forums are

16:25you know, denied us.

16:27Um

16:27and that it any kind of

16:31you know, violation of this

16:33>> Time.

16:36Charlotte Lewis.

16:45>> Good afternoon.

16:47Thank you committee members and

16:48attendees this evening. My name is

16:49Charlotte Lewis.

16:51In 2021, Jamal Sutherland was tortured

16:53and killed by officers in the El Canan

16:55Detention Center. We protested. Then

16:59this ordinance, this First Amendment

17:00ordinance, gave those same police the

17:02sweeping subjective authority to deny

17:05and delay protests they dislike and to

17:07arrest peaceful protesters. This is

17:09authority they continue to abuse. Would

17:12you like to be arrested for damaging

17:13grass in a park while protesting? Would

17:16you like the police to concoct

17:17justification long after they arrest

17:19you? This is our reality.

17:21Jamal's family was awarded $10 million.

17:24Failed prosecutions of this ordinance

17:25continue to waste the taxes that we pay.

17:28Repeal this ordinance.

17:30Let the people's voice again be heard in

17:32Marion Square.

17:33You should not fear arrest for speaking.

17:36This is our greatest American right.

17:38Thank you.

17:39>> Danielle Sutton.

17:45>> Yeah. My name is Danielle Sutton and I

17:48am a 20-year resident of Westside and

17:50I'm here to demand the repeal of the

17:51first amendment demonstration ordinance.

17:54As others have said, the ordinance is

17:55irredeemably vague and redundant.

17:58Um if vagueness was the point, that's

18:01pretty nefarious, but I want to believe

18:02that it was just rushed carelessness.

18:05Uh whatever the intent, the ordinance

18:06has had a chilling effect on the free

18:08speech in Charleston, which is

18:09measurable by the dwindling number of

18:11permits applied for since the ordinance

18:12was enacted. Further, the postponing of

18:15court dates from these unconstitutional

18:16arrests is so blatant blatantly

18:18intimidation and harassment. It is

18:20illustrates that the ordinance is being

18:22used as a tool of deterrence by the

18:23city.

18:24Um the DSA, Charleston Democratic

18:27Socialists of America, has robust

18:29marshaling infrastructure and we welcome

18:31the opportunity without the threat of

18:33arrest to have a dialogue with CPD about

18:35public safety before and during

18:37demonstrations. Protesting and

18:39demonstration are part of a healthy

18:40democracy in a time where our federal

18:42government is limiting mail-in ballots

18:43and throwing people off voter rolls

18:45among other shockingly undemocratic

18:47actions, it is crucial that our city

18:49governments nurture democracy within

18:51their jurisdiction.

18:52Repeal the ordinance.

18:54Um we demand a citizen or neutral review

18:56board for permits required. We demand

18:59decriminalization for protesting.

19:00Protesting is not a crime.

19:02>> I'm

19:04>> with all Marion Square.

19:07>> Andrew Blanchard.

19:14>> I just want to say that any right that

19:15requires the permission of the police

19:17chief to exercise it is not a right at

19:19all. I call on this council to repeal

19:21this ordinance and restore freedom of

19:23speech to Charleston. Thank you.

19:26>> Griffin Specker.

19:37>> Good evening, ladies and gentlemen. I'm

19:39here as a concerned citizen to speak

19:40about the First Amendment ordinance. Um,

19:43don't want to repeat these sentiments

19:45here expressed eloquently by some of my

19:48fellow committee members. All I will

19:50share is that the

19:53this implementation of this ordinance,

19:56whether well-intended or not, has had a

19:58chilling effect and has proven

20:01to show that it favors the feelings of

20:03tourists versus the uh

20:06First Amendment rights of citizens,

20:08corralling us to just one park or

20:11another park that is out of the way has

20:12shown that the city would rather just

20:14keep us out of sight and out of mind

20:16than hearing the concerns of those that

20:18the that you all represent. Thank you.

20:21Please repeal this ordinance.

20:23>> Julie O'Connor.

20:28>> Good evening. Speaking on behalf of Save

20:30Our Structures Charleston,

20:32we oppose

20:34the Dash Hall settlement agreement due

20:36to the precedent it would set in

20:37overturning a unanimous BAR decision,

20:41the lack of responsibility required of

20:43Ashley Hall to protect the building,

20:45the woefully inadequate timeline, and

20:47the final clause that allows demolition

20:49if no one comes forward in the time

20:50frame. Submittals are due October 31st.

20:53The deadline for removal is only 1 month

20:55later. A responsible relocation requires

20:57structural engineering, preservation

20:59specialists, contractors with

21:00appropriate experience, documentation,

21:02contracts, permitting, coordination with

21:04the new location, coordination of all

21:06the contractors and subcontractors

21:07involved, transportation and logistics.

21:10This schedule doesn't even take into

21:12account how long the decision process

21:13will take before notifying the chosen

21:15party. The timeline needs to be extended

21:17and include contingencies for unforeseen

21:20circumstances such as weather permitting

21:21delays.

21:23And the relocation should not be

21:25optional no matter what the timeline.

21:29>> Hosk

21:33And apologies if I mis pronounced that

21:35name.

21:37H O C E 128 Bounty

21:44All right. We'll go to the next speaker.

21:47Joel Milliken

21:55>> Good evening.

21:57I'm here to voice in the strongest terms

21:58possible my opposition to the first

22:00amendment ordinance though that

22:01department stands and in any minute

22:03field.

22:04As citizens and residents of the city of

22:06Charleston, we have a constitutional

22:07right to speech and assembly.

22:09This ordinance has made it incredibly

22:11difficult for us as citizens to exercise

22:13our fundamental rights.

22:14I understand you have an interest in

22:16keeping Charleston quiet, marketable and

22:17appealing to tourists. If you want fewer

22:20protests, do your jobs as elected

22:21representatives and respond to the

22:23demands of your citizens. Do not repress

22:25us with police.

22:28Repeal this oppressive ordinance and

22:30dismiss all charges against those who

22:32have been arrested in its name

22:34immediately. Thank you.

22:36>> Sam Carroll

22:43>> Good evening again council members. My

22:45name is Sam Carroll. I live technically

22:47in the city just over the border in

22:48North Charleston but play pay plenty

22:49plenty of taxes here.

22:51Um, I wanted to talk a little bit about

22:54the use case that CPD has had.

22:57Um, so back in July we had a Fight for

22:59the First March and Rally that we

23:01applied for.

23:03Um,

23:03Charleston Charleston police Department

23:05has around or over 500 uh members,

23:08officers, staff including

23:10uh it took 25 days for that for that

23:12permit to be approved. That exact same

23:14permit I gave to the National Park

23:16Service locally here

23:18um for the rally portion of the uh

23:20protest in Marion Square. Uh with a

23:22weekend included that took 4 days.

23:24Um

23:25now

23:27I understand that public safety is a big

23:29electability issue for many municipal uh

23:31seats anywhere, um but we have to

23:33remember that we cannot be a rubber

23:35stamp uh for uh local PD as friendly as

23:38they may be, you know, uh behind uh

23:40closed doors, not to us protesters.

23:42Um we call for once again to uh

23:45decriminalize this ordinance

23:47um or to decrim- yeah, decriminalize

23:49free speech in the city.

23:51Um Marion Square has to be a public

23:53forum again.

23:54And um

23:56yeah, thank you.

23:58>> Brian Helman.

24:06>> Hi Mayor Cogswell and members of

24:08Council. Brian Helman, 105 Broad Street

24:10on behalf of Ashley Hall. With me

24:11tonight is uh Anne West, the head of

24:14school, Sarah de Wolff, board chair, and

24:16Evan board member. We just want to say

24:18thank you for all the hard work that

24:20Council staff, City of Eagle staff, and

24:23Oakley and Magli Creech have put towards

24:26coming together to find a resolution to

24:29the matter of 148 Smith Street and again

24:32say thank you.

24:34>> All right, and we will move to our

24:35online list and you can press star six

24:38to unmute yourself. Anthony G. Bryant.

24:44>> Anthony G. Bryant, um I have my my mail

24:48um physical mail opened

24:51um from Scott Harris to me from DC in

24:54the Supreme Court

24:55uh opened, looked at, viewed.

24:59Um I got it on

25:01uh the 2nd.

25:04And I've been only affected the date, so

25:05definitely everybody's read my

25:07information has come to the conclusion

25:09by Anthony G. Brown.

25:11Uh

25:11deeply disappointed in terms of it. Um

25:14but I'm committed to my work and what

25:16I've done for 30 years, which is

25:18uh truth to power definitely in regards

25:20to this matter of my mail being opened

25:23and read.

25:25And uh and so based upon my speech and

25:27my points of views over 30 years in my

25:29opinion.

25:30So deeply concerned by that, I'll be

25:32addressing council in person probably

25:33next week. I'm the county council now.

25:36And I'll address county council right

25:37now. Have a nice evening.

25:40>> Brian Turner.

25:42And I believe he's actually in person.

25:49>> Uh good evening, Mr. Mayor, members of

25:51council. Brian Turner on behalf of the

25:52Preservation Society. And regarding the

25:54settlement agreement for the demolition

25:57of a 130-year-old building at 148 Smith

26:00Street, which otherwise protected by

26:02BAR. Uh we urge you not to open the gate

26:05uh for overturning the BAR's decision

26:07for two key reasons. First, the council

26:10is not informed by a policy to uh um

26:12overturn BAR determinations of this

26:15consequence. In the 95-year history of

26:17the BAR, it has not done so. And no less

26:20than clear and compelling evidence that

26:22BAR got it wrong is needed. And the

26:24complete loss of a historic structure

26:26would be an outcome. Hundreds of

26:27historic properties are in a distressed

26:29condition, and fair treatment requires

26:32setting that high bar.

26:34Second, in this case, the settlement has

26:36not resolved the question of what is

26:37being lost for the public.

26:40Appellant's position was at BAR was that

26:42it was a portion of Gadsden Hall, and

26:44that we included in packet a 1950

26:47newspaper notice saying that the

26:50building would be wrecked but for a

26:51one-story remnant. The new theory that

26:54it's another older structure moved to

26:56the site is not supported by written

26:57evidence and it contradicts real-life

27:00memories of Robert Anderson and relies

27:02on sandboard maps.

27:03>> Time.

27:05>> It's reasonable for a council to demand

27:07more at this point. Thank you so much.

27:10>> And we did receive some comments online,

27:12two from Mr. Bryant, which were sent to

27:14council in full, and one was received

27:16from Blake Scott on behalf of the Wagner

27:18Terrace Neighborhood Association asking

27:21the city to finalize negotiations and

27:23resolve the long-standing issues

27:25surrounding the Lombardo Green Space and

27:27Dock, establishing the site as a public

27:29waterfront resource for the Wagner

27:31Terrace community. And those are all the

27:33comments we received.

27:35>> Thank you, Madam Clerk.

27:37Um

27:38before we move on to committee reports,

27:40just want to let the public know there's

27:43some question about the First Amendment

27:45ordinance. Several people tonight spoke

27:47on that. Um for clarity, there's no vote

27:50on that tonight. What was discussed at

27:52the Community Development meeting was

27:55that uh some potential edits were going

27:58to be proposed, brought back to

28:00Community Development meeting for

28:03discussion, and then potentially moved

28:06to City Council uh for review and or a

28:10vote at that point. So, the next

28:12discussion and a potential vote on

28:15Community Development

28:18>> I'm sorry, Public Safety. Yeah. My

28:20apologies. I got the committee wrong.

28:22Let the record state that I got the

28:24committees wrong. Not Community

28:25Development, but Public Safety. And the

28:27date of that meeting is

28:29>> I believe the next one's on September

28:3015th.

28:31>> September 15th. So, just for people to

28:34understand

28:36uh flow events. Um okay. Moving on now,

28:40we are to petitions and communications.

28:44We have uh several members up for the

28:47commission on the arts. Um

28:50we have a motion made

28:52properly seconded. This is for

28:54commission on the arts and recreational

28:55commission. Uh any further discussion on

28:58these appointees? If not, all those in

29:00favor of approval signify by saying I.

29:04Posed. Eyes have it.

29:06Uh on the council communications.

29:09Uh no there are none nothing there. Now

29:11we're on to consent

29:12um agenda items. Uh we have two

29:15committee reports. There should be no

29:17action on those, but we call on

29:20Councilman or Chairman McBride for

29:22committee on rec.

29:24>> Thank you, Mr. Mayor. So on August 20th

29:26we had our recreation committee meeting

29:28and um

29:30old business of course was facilities

29:32and capital capital projects report,

29:33which is always a a mind-blowingly long

29:36huge list that uh

29:38they're managing on a on a weekly basis.

29:40For new business

29:42um Councilwoman Scarden brought up um

29:45the idea of requesting a formal analysis

29:46for allowing free access to city of

29:48Charleston recreation facilities for

29:50city of Charleston residents that are

29:52mobility disabled or legally blind. And

29:54it just so happened the next the

29:55following day was a

29:58uh disability um commission and they

30:01took that up that uh topic the following

30:04day.

30:05Um

30:06and then

30:08also uh Councilwoman Scarden asked for

30:11an update on the timing of the Steven

30:12Washington Park improvements.

30:14And we talked about the update on an

30:17update on the fall recreation

30:18programming

30:20uh organized by region around the city

30:22of Charleston. It's a good presentation.

30:24That's all I have.

30:25>> Okay.

30:27Um thank you, Chairman McBride. I would

30:28now like to call on um

30:32You You have a question? Sorry.

30:33>> I do. I do. Um

30:35>> Councilman Alessandro.

30:36>> Thank you, Mr. Mayor. What kind of

30:37considerations go into adding a bathroom

30:41to a park.

30:46A lot of considerations go into

30:50considering whether or not to add a

30:51bathroom. Every park's different.

30:54Sometimes it takes a lot to just bring

30:57water and sewer to

31:00where a bathroom might be located, its

31:02potential use,

31:04it and like in the case of Steven

31:06Washington when we had a defined dollar

31:08amount, we asked the community would

31:10they like X

31:12A or B and they chose the bathrooms for

31:15example. So, we try and work with the

31:17community to determine

31:20what the most cost-effective approach

31:21might be. So, it kind of all depends to

31:24be honest.

31:27Any any further questions? Sorry to to

31:30to have

31:32moved through on rec. Any other

31:33questions on that?

31:35If not, since Councilman Shirley had to

31:37step out or Chairman Shirley had to step

31:39out with regards to public safety, I

31:40believe Councilman Waring you were going

31:42to step in for him.

31:44>> Yes, Mr. Mayor, thank you. The committee

31:46did meet. We had a hearty discussion on

31:49the First Amendment.

31:51Thought there was some

31:52and we did potentials for

31:55some working together.

31:57And that process not finished yet. When

31:59that does get finished,

32:02it'll go back to public safety as you

32:04just said earlier and then come forward

32:06to City Council.

32:08So, just for information.

32:11>> All right, thank you Councilman Waring.

32:13Moving now to committee reports. We have

32:18First up,

32:19Chairman Pell on community development.

32:25>> Thank you, Mr. Mayor. City of Charleston

32:27Committee on Community Development met

32:29back on August 20th

32:313:00 p.m. There were three items on our

32:34agenda. The first was a resolution

32:37certifying 141 Meeting Street um for the

32:40South Carolina abandoned buildings uh

32:43tax credit. That was approved

32:44unanimously.

32:46Uh and then next up we had a very

32:48lengthy uh discussion about Dash Hall.

32:51Uh we heard extensively from both Ashley

32:54Hall and its representatives uh as well

32:57as uh the Preservation Society.

33:00And if you're interested in this uh

33:03topic, I encourage you to check out

33:05city's YouTube page. I'm not going to

33:07attempt to cover everything in this

33:08report right now, but it was an

33:10extremely in-depth lengthy discussion

33:13about this uh property and it

33:16demonstrates uh just how complicated uh

33:19uh these issues can be, uh especially

33:22when it's facing uh a a

33:25beloved uh institution like Ashley Hall

33:28uh in our community. And so what came

33:31out of that process was a recommendation

33:35um for approval of the overall framework

33:39of the settlement, but an encouragement

33:41for the parties to get together to see

33:42if they could improve uh the structure

33:45of the settlement agreement specifically

33:48um to advance the um

33:51you know, first off to provide an

33:52opportunity for the public uh to come

33:55forward for a better solution for this

33:57property, to include a relocation, and

34:00also to enhance the um

34:02uh or to further clarify the uh the

34:05plaque curriculum and and other features

34:08of the site. And so I'd like to call up

34:12um

34:12Miss Creech uh if she's if she's still

34:16here to maybe give us a little bit of an

34:18update on the specific changes to the

34:21settlement agreement um

34:24to to show everybody on council sort of

34:26where it's come from when we first saw

34:28it. So.

34:29Thank you.

34:30>> Good evening, Mayor and council members.

34:32amended settlement agreement would allow

34:34Ashley Hall to proceed with the

34:36demolition of the structure, but before

34:38undertaking that effort, it would make

34:40it available to interested parties,

34:42those being either a nonprofit

34:44organization or a government

34:46organization for a relocation.

34:49That would allow the interested party to

34:51come and inspect it and have it uh

34:54examined by a professional for the

34:55purposes of uh submitting a relocation

34:58plan. That plan would need to be

35:00submitted to Ashley Hall and the city no

35:02later than October 31st and include the

35:05relocation site, which could be within

35:08the city or outside city boundaries.

35:11The identity of the licensed contractor

35:14that would perform the relocation,

35:16proof of funding sufficient for the

35:18relocation, adequate insurance and

35:21acceptance of the structure in its

35:23condition as is.

35:25They would then have until November 30th

35:27to complete the relocation and if it is

35:29not completed by then or any portion of

35:32it remains after November 30th, Ashley

35:34Hall would then be permitted to move

35:36forward with the demolition. Uh the

35:38agreement also expands the collaborative

35:40effort uh between Ashley Hall students

35:43and the city architect to commemorate

35:45Dash Hall

35:46um

35:48to participate in the creation of a

35:49historical plaque, marker, or monument,

35:52the plan for which would be presented to

35:54the uh commission of his for history for

35:56approval and then the uh placement of

35:59that plaque, marker, or monument would

36:02be in a publicly accessible location on

36:04or along Smith Street no later than

36:06December 31st of 2028.

36:10I'd be happy to answer any questions.

36:15>> All right. Thank you, um Ms. Creech. Um

36:18and I'll just finish this report and I

36:19guess we'll go through and approve what

36:21we need to approve

36:23after that. Um

36:25so the last item on our agenda was a

36:27discussion regarding uh an infill

36:31um

36:32housing development over in West Ashley

36:35at 806 Magnolia Road. And this was

36:38uh brought forward because this property

36:42was owned in in

36:44a local developer was seeking to put

36:46some additional what we call missing

36:48middle housing on this property but was

36:51running into some technical challenges.

36:54Again, I encourage folks that are

36:55interested in this issue to watch the

36:58YouTube video. It's very in-depth. It's

36:59very technical. But it demonstrates some

37:02of the challenges that the private

37:04sector faces when they're trying to

37:08develop housing in our community,

37:09missing middle. And as we look towards

37:12addressing our housing affordability

37:15challenges in the city, I think it's

37:17incumbent upon us to have a better

37:18understanding of these technical

37:20challenges that these local private

37:22developers are facing so we can better

37:26inform our zoning and other regulations

37:28to address better outcomes because

37:30there's no way the city on its own,

37:33despite the ambitious efforts that we're

37:34undertaking,

37:36can solve our affordable housing problem

37:38on our own. We got to find ways to make

37:40our zoning ordinance more conducive to

37:43appropriate scaled by right

37:47housing so we can actually get more of

37:49this

37:50on the market at scale to solve the

37:53supply issues that are driving up price.

37:55So,

37:56our hope is that we can take some of

37:58those lessons out of that presentation,

38:00roll it into

38:02some of the ongoing work that we're

38:03doing at the staff level, and hopefully

38:04have some recommendations come back

38:06before uh council at a future date on

38:09this issue. So, that concludes my

38:11report. I'm not sure if we need to take

38:13votes on any of these things. Okay, so

38:16we need to vote on

38:17uh two.

38:18>> Yes, and the resolution.

38:21>> Okay, great. Um, all right, so

38:25um

38:29>> I think this move for approval of the

38:31report will take care of it all. Move

38:33for approval of the report.

38:38>> Uh, on the Dash Hall

38:40uh, um

38:42agreement.

38:44Uh, can I get uh,

38:45uh, counselor or whoever uh

38:48Ms. Magal to come back to the microphone

38:50and go over that

38:51uh, part about um

38:55if it's relocated. Can you go over the

38:56timeframe?

38:58>> Yes.

38:58>> If if there is a nonprofit that came

39:00forward the time that they have to

39:03put the plan together, get funding and

39:05all of that. Can you

39:07>> Yes, sir. The relocation plan would need

39:08to be submitted by October 31st and the

39:11relocation would need to be completed by

39:13November 30th.

39:16>> Have we ever had a building in the

39:17history of

39:18uh

39:19city of Charleston

39:21that's um

39:24let's just say it's 75 years old. Let's

39:26say it's not Dash Hall.

39:28Have we ever had a building that's 75

39:30years old in the historic district

39:33that we were able to get moved in that

39:34short a period of time, funded, planned?

39:36Have we ever had that done?

39:42We got a lot of knowledgeable people in

39:43this room. Has that ever happened

39:45before?

39:47The answer is unequivocally no.

39:49So, that's a plan that's designed to

39:51fail.

39:52It is demolition by neglect. I don't

39:55know how many council people went over

39:56and took a look at it, but I did. I

39:58actually went over and took a look at it

39:59about

40:00three or four months ago.

40:03And it looks like to me they want to

40:05demolish the building and pick up three

40:07more parking spaces.

40:09As far as whether it's Dash Hall or not,

40:12I don't think anybody disputes that it

40:13is at least 75, maybe 76 years old.

40:17So, if there's a true effort to try to

40:20get it located,

40:21let's try to put a system in place that

40:23would work.

40:25Okay?

40:26And about

40:27the time frame that is baked in this

40:29agreement is designed for

40:32most nonprofits don't have money already

40:35pocketed or set aside to move a historic

40:39structure in the city of Charleston.

40:41That's an expensive process. A small

40:43building

40:44it certainly would be a tiny house

40:46wherever if it is relocated. But

40:49somebody did live in that house at one

40:51time. And we know how to protect a

40:53building in the city of Charleston when

40:56it leaks from the top. We put a tarp on

40:58it.

40:59If you don't believe it, anybody who was

41:01here after Hugo,

41:03whoever was selling tops tarps made a

41:05lot of money

41:07because they had a lot of blue tarps on

41:08roofs around here.

41:10So,

41:11uh

41:13Demolition by neglect that's not a

41:15question mark. That happened.

41:19What I'm concerned with is

41:23if we do this to one 75-year-old

41:26building,

41:27how many other 75-year-old buildings are

41:29there in the historic district that we

41:31begin to set a precedence with?

41:35If we can do this one,

41:37will there be two,

41:39three or four?

41:41We can do better than this agreement.

41:45I respect Ashley Hall.

41:48I respect its history.

41:50But whatever the history is on this

41:52particular parcel,

41:55with this time frame is not being

41:57respected.

41:59And this city can do better than that.

42:00So, number one, we need more time.

42:03Or they need more time, not me. It's not

42:06They need more time.

42:07We have a lot of areas, I think, in in

42:10of Charleston

42:12that's either owned by government

42:15or the school district or maybe even the

42:17county

42:18or maybe even the federal government. A

42:19small parcel of land that maybe can be

42:22found right here on this peninsula where

42:25that property can be relocated.

42:28Uh it is not a 3,000 square foot

42:31building.

42:32Um

42:34that property certainly I mean that

42:36building certainly can be restored.

42:38Ashley Hall can move forward

42:40with whatever its plans are.

42:42But um if we're going to

42:44vote on an agreement, I don't think this

42:46agreement uh allows for

42:49uh a proper non-for-profit to come

42:51forward. I've heard Jenkins Orphanage.

42:54Um believe me, I've helped Jenkins

42:56Orphanage

42:57uh in years past.

42:59But I think most of us know Jenkins

43:01Orphanage is a underfunded non-profit

43:04for its mission.

43:06So they're not going to be able to

43:07fulfill that uh time frame

43:11that Ms. Creech just uh explained to all

43:13of us so eloquently.

43:15But with all the ability in this room

43:17starting with the good folk at Ashley

43:19Hall

43:20um with a knowledgeable community

43:22development uh chairperson

43:25um

43:26with all the

43:27people with the historic and

43:28preservation societies and obviously

43:31uh a city that's been around since 1670

43:34why don't we do better than this

43:36agreement? Let's try to find

43:39uh uh

43:39uh uh put some more effort in where this

43:41property can be relocated and put

43:43together some funding

43:44to help that relocation take

43:47take place and

43:48restoration occur with this

43:51small but still historic building

43:53whether it's Dash Hall or not.

43:55Um

43:5775 years old in the city of Charleston

43:59in the historic district um

44:02we need to have better rules.

44:05So when we come to a decision like this,

44:07I think Mr. Turner made some suggestions

44:11um

44:12um at the committee meeting that could

44:15be um

44:17increase our

44:19um improve our ordinance on this. And I

44:21also listen,

44:22um I was part of the the mediation with

44:25uh the Beach Company and the Jasper

44:28and and what we now know as the Jasper

44:31over the old Sergeant Jasper.

44:33Uh when it comes to overturning the BAR,

44:36we better be careful.

44:38Um

44:40I'm a country boy from West Ashley.

44:43Um but I respect the BAR.

44:46That's a hard That's a hard job. I

44:48always um

44:50I did the ribbon cutting on the Grand

44:51Bohemian Hotel a number years ago like I

44:55doing Mother Emanuel tragedy.

44:57And I um

44:59uh everybody was so happy and I I said,

45:02you know, when you go through the BAR

45:04and the historic preservation process in

45:06the city of Charleston,

45:08um it's kind of like the birthing

45:09process. And any father who's going in

45:11the room with his wife

45:13doing that process, if you were going to

45:16live to 99, you lose a year off your

45:17life, okay? Um you're going to live to

45:19be 99, okay? Um but somehow

45:24when that child is born, it amazes me

45:27how many people

45:29uh in the gynecological department that

45:31that from the the doctor who's

45:33delivering it to the nurses who are

45:35there, everybody's peering to get the

45:37first glance at that new life that was

45:40born.

45:42It's a wonderful experience that stays

45:44with you the rest of your life.

45:46Um well, when we One of the good things

45:48about the city of Charleston

45:51is that these old buildings uh if you've

45:53ever been to St. Augustine, it's the

45:56oldest oak tree, it's the oldest dog

45:58house, it's the oldest lean-to. But we

46:01use our buildings.

46:04Every time I go down to Harris Teeter on

46:06East Bay Street, it used to be a old

46:08warehouse.

46:09But, I love going into that old store.

46:12The buildings up and down uh Broad

46:15Street, they aren't ornaments. We use

46:17these buildings in a living, growing

46:20city in 2026.

46:22And I believe that building

46:24can be moved properly

46:27and restored.

46:28But, we got to have more people trying

46:30to push in the direction for that to

46:31happen. So,

46:33I won't vote for uh the ordinance, I

46:35mean for the compromise, because I think

46:37who are we fooling?

46:39That's not going to happen.

46:42But, if we really want to try to make it

46:44happen, then let's put some efforts

46:46together

46:47with the influence of the people from

46:48Ashley Hall, with the strength of this

46:50city, with some of the

46:52uh land that is I think

46:54government-owned, trying to move that

46:55building up to um Interstate and and

46:59down and across bridges to get to

47:01um

47:02uh Jenkins Orphanage, it probably will

47:04fall apart.

47:06And then we're going to have the effort

47:08saying, "Well, we tried."

47:11But, we wouldn't have the effort that we

47:12put forth our best effort. So,

47:15I would hope that we can go back and

47:16come up with a um a better financial

47:18formula,

47:19a better financial funding formula, and

47:21a time frame to actually make what you

47:23all are suggesting, Mr. Hillman and your

47:26respected team over there, actually

47:28occur.

47:30Thank you, Mr. Mayor.

47:32>> Councilman Waring, um

47:34any further questions or comments on

47:36this?

47:37>> Mr. Mayor,

47:38>> Item

47:39>> Mr. Councilman Polka,

47:40>> Just from a parliamentary procedure, I

47:41don't know if there's a a a consent

47:43version of doing this or I have to do a

47:44motion to divide the question, but

47:46believe we should vote on number one and

47:48two separately, because we the motion

47:49was for the full report consolidated,

47:51and I believe this might be a separate

47:53um consideration. So, if that's in the

47:55form of a motion or a request to the

47:57mover.

47:59>> So

47:59>> amendment.

48:00>> If whoever made the initial motion wants

48:03to make an amendment that would be

48:06>> Fine with me.

48:08Divide questions. We can take them

48:10separately.

48:11So taking it separately, so let's take

48:13up um the ABA, is that the the

48:16resolution?

48:17>> Yes.

48:18>> So we have a motion for approval and

48:21properly seconded on that item. Any

48:23further discussion on that item? If not,

48:25all those in favor signify by saying

48:27aye.

48:28Those eyes have it. Now on the item

48:30related to 148 Smith Street, can I

48:33entertain a motion?

48:34>> So moved.

48:35>> Motion made.

48:37Properly seconded. Any further

48:39discussion on this?

48:39>> Can I call for a roll call?

48:42>> We can call for a roll call, but any

48:43before we do that, any further

48:44discussion?

48:47I only

48:48Councilman Councilwoman Scardon.

48:51Councilwoman Scardon, there we go.

48:53>> Thank you, Mr. Mayor. Um

48:55I'm going to vote no on this and I just

48:57want to state for the record I think the

48:59lack of evidence from the 1950

49:02that the building was moved in 1950, the

49:04lack of evidence there is is what

49:06convinced me to vote no on this, just

49:08for the record.

49:10>> Um okay, Councilman Balden.

49:13>> I'm just I was a little bit um

49:16not troubled might be the wrong word,

49:18but

49:19um

49:20the the timing that Councilman Waring

49:23laid out that the speaker spoke about

49:26having you know, might might create an

49:27issue. How did we get to that timing?

49:33>> Scardon, you speak to that

49:35in terms of the timing.

49:41>> The 90 I'm going to call it a 90-day

49:43timeline essentially from today was what

49:45Ashley Hall had had submitted and had

49:47seemed appropriate in our discussion.

49:53>> The only point I would make on that

49:55relevant is that

49:57well I and I completely respect where

49:59Councilman Waring is coming from.

50:01In all fairness, this has been being

50:04discussed for quite some time

50:08and as I understand it Ashley Hall has

50:11always made the building

50:13available to be moved to anybody that

50:16might want it and that proposal was made

50:20months and months ago. So

50:22I think there is interest in it. I think

50:25that

50:27it's probably a little bit further down

50:29the road. I agree the logistics might be

50:32somewhat challenging if it is in fact

50:34the Jenkins Orphanage site.

50:36There are a lot of ways to move a

50:38building. It's not a big building.

50:40And I think that

50:43um

50:44I suspect I don't want to speak for

50:46Ashley Hall, but if there's another two

50:49week extension or something that is

50:50needed to get it to the location, I

50:53think they would probably be more than

50:55willing to work with whoever the

50:56non-profit was.

50:58And so I think this is a good

51:01compromise. I appreciate all the effort

51:04and discussion that have gone into it. I

51:06completely respect the concerns that the

51:09Preservation Society has had on setting

51:13precedent, but we discussed that at

51:15length in the Community Development

51:17meeting about how we got to where we are

51:21and what the laws in South Carolina are

51:23that bring

51:25the question back to us as council

51:28members to make a decision when you have

51:31an issue like this come up. So it was an

51:35education for me and I again

51:37think that Councilman Pell makes a good

51:39point that anybody who wants to dig into

51:41that should should review the tape on

51:43the Community Development meeting. So

51:45I'm voting in favor for the resolution

51:47and I appreciate everybody that put the

51:49work in to make it happen. Any further

51:50discussion?

51:51>> Just very briefly, I'll sort of in short

51:53form going to make a comment similar to

51:55yours, Mr. Mayor.

51:56The timeline [clears throat]

51:58that was presented to us has, as part of

52:01it, a condition precedent, which is

52:02someone stepping forward and showing

52:03interest in moving the building.

52:06I have no doubt that if someone comes

52:08forward and has interest in moving that

52:09building, which heretofore has not

52:11happened, while you've pointed out a lot

52:13of time has passed, more importantly, a

52:15lot of resources have been expended. And

52:17if someone steps forward and we stop

52:19expending those resources on talking

52:20about it and says, "We're interested in

52:22taking it." I suspect some resource will

52:24go towards making that happen, and that

52:27there will be some grace given on the

52:28back end for the close down of the time

52:30period in which this actually gets

52:32moved. But, the really important time

52:34frame is between now and wherever that

52:36date is. I think it was October 31st, to

52:38see if someone is actually interested in

52:40it and has at least a thoughtful plan to

52:43do it forward. So, I don't think that by

52:45approving this settlement, we're

52:46foreclosing it. We're just moving the

52:48ball to the next stage.

52:51Any further discussion on this?

52:53Councilman Waring.

52:55>> All that's nice and eloquent, but is

52:57that an agreement, Councilman? I mean,

52:59if that's in written in this what we're

53:00voting on right here. I I'm not saying

53:02that this hasn't been debated for a long

53:04time.

53:05But, this is the first time it's been in

53:06in front of this chamber.

53:08And

53:08>> second time.

53:09>> [laughter]

53:11>> Cuz it was originally uh then we put it

53:13back to community development came out

53:15with this

53:16compromise.

53:17Um

53:19>> Okay. Thank you. I have my say. Thank

53:21you.

53:22>> Okay.

53:23>> Mr. Mayor, I I don't want to hold people

53:24up, but uh it is no secret that I voted

53:27no in committee. I will vote again no

53:29tonight. I will vote no for the same

53:31reasons that I voted no in committee. I

53:34believe that um

53:36uh although there have been

53:37extraordinarily uh good faith and

53:39meaningful efforts to try to

53:42uh answer a question that I posed, which

53:44was um can we find some proof of where

53:47the structure was and when and how it

53:49was moved um sometime in the '50s. Uh

53:52that's proved to be elusive.

53:54Uh in the light of that, therefore, um

53:56we still have a a reasonable um or

53:59meaningful dispute of fact, material

54:01dispute of fact, as to whether or not

54:02that is, in fact, a remnant of Dash

54:04Hall.

54:05Um so, uh that not being uh resolved to

54:08my satisfaction, that's the basis of my

54:10vote no for this settlement agreement.

54:13>> All right. Uh thank you, Council

54:15Councilman Brady.

54:17>> Yes, Mayor.

54:18Um

54:19I I just want to I agree with Councilman

54:22Waring. The timeline

54:25uh especially asking a nonprofit to come

54:26up with it is short. I know several of

54:28us around the table either serve on

54:29nonprofit boards or have

54:32uh worked for nonprofits and uh to come

54:35up with a significant sum within 60 days

54:38is

54:39asking a lot when capital campaigns and

54:41everything else take years of planning

54:44uh to go through. So, to act as if

54:49six, you know, through October 31st is

54:51enough time for a nonprofit to get

54:53something together to move this if they

54:54wanted. Um this strikes me, as

54:57Councilman Waring said, um you know,

55:00it's a it's it's

55:02it even if this has been discussed over

55:04time,

55:05that lead-in would still not give enough

55:08uh to do that. And so, I'll be voting no

55:10on this.

55:13>> Okay.

55:14Uh

55:15any further discussion?

55:16>> Well, so, uh thanks, Mr. Brady. If um

55:20if if

55:22if we defer it,

55:23can we move the dates at all? Or what

55:26happens if it fails here tonight?

55:29>> Uh it would have to be taken back up um

55:33by the parties and come back to us with

55:36perhaps a revised

55:39timeline or conditions or

55:42uh what have you. Sounds like there's

55:44concern over the time frame.

55:47>> Well, the parties are the city and

55:49Ashley Hall. So, I would call for a vote

55:51here and let's see how we do.

55:53>> Right. Councilmember Tinkler.

55:55>> Uh I I personally think the settlement

55:58allows for the Dash family and the Dash

56:01Hall story

56:02to get told. I don't know how it gets

56:05told if we don't approve this. So, I'm

56:08voting yes.

56:11>> All right. Uh we've had a a roll call

56:13vote has been requested.

56:15So, Madam Clerk, will you please call

56:17the roll?

56:17>> Councilmember Greg.

56:19Councilmember Greg votes I.

56:21Councilmember Shealy is absent.

56:23Councilmember McBride.

56:25>> I.

56:26>> Councilmember McBride votes in favor.

56:29Councilmember Polkey.

56:30>> Nay.

56:32>> Councilmember Polkey votes nay.

56:37Councilmember Brady.

56:38>> Nay.

56:39>> Councilmember Brady votes nay.

56:41Councilmember D'Alessandro.

56:43>> I.

56:44>> Councilmember D'Alessandro votes I.

56:46Councilmember Waring.

56:49Councilmember Waring votes nay.

56:51Councilmember Seekings.

56:53>> I.

56:54>> Councilmember Seekings votes I.

56:58Councilmember Tinkler.

57:00Councilmember Tinkler votes nay.

57:04Councilmember Balden.

57:06>> I.

57:08>> Councilmember Balden votes I.

57:10Councilmember Appel.

57:14Councilmember Appel votes I.

57:17Councilmember Scardon.

57:19>> Nay.

57:20>> Councilmember Scardon votes nay.

57:23And Mayor Cogswell.

57:25>> I.

57:26>> Mayor Cogswell votes I. The motion

57:28passes 7 to 5 7 to 5.

57:33>> Okay.

57:34Uh

57:35>> Moving on now, we are to Chairman Bowden

57:40on community

57:42on

57:44human resources report.

57:46>> We already took up the the biggest thing

57:48that was on the agenda. We met on August

57:5120th at 4:00 p.m.

57:53We spent the the majority of the meeting

57:55talking about the health care budget.

57:57Unfortunately, some things are are

57:59beyond

58:01our control to to keep those costs in

58:03line and and

58:05you know, unfortunately, they're they're

58:07going up as a result. I will say that

58:10the HR department and and staff are

58:12doing a fantastic job trying to

58:15keep costs in line

58:17in the going forward

58:20to include more like remote care options

58:24and and more things that will make it

58:26easier to do like physical therapy if

58:28somebody experiences an injury or you

58:30know, having some backaches,

58:32things that you know, can really go on

58:34for a long time and cost a lot of money

58:35to treat.

58:37So, more to come on that, but you know,

58:39hopefully like like Ms. Morton said,

58:42those costs will be

58:44you know, more controlled going forward

58:46and everybody knock on on wood.

58:48There

58:50we had a good conversation about the

58:52a quick conversation about comp study.

58:54Believe it's it's done and just kind of

58:56being implemented.

58:58Um the um

59:00We also talked about drug testing policy

59:02for the city. I think that's a I think

59:06it's a really big deal.

59:08It's you know, small thing in the grand

59:10scheme of things, but there's a fourth

59:13there's fourth amendment implications.

59:15You know, this is the Supreme Court took

59:18up a case this term where they talked

59:20about um

59:22you know,

59:22marijuana use and one of the justices

59:25acknowledged that maybe some people on

59:27the court might be using it might be

59:29using marijuana to help them sleep. Um

59:32so you know when when it's being talked

59:34about in chambers like that

59:37perhaps it's worth a societal rethinking

59:40of our position on marijuana and whether

59:43we are stuck in a war on drugs that was

59:45lost a long time ago

59:47and whether that um

59:49uh is having an effect on our ability to

59:52hire and retain employees which we just

59:55talked about is extraordinarily

59:56expensive. Um certainly there are folks

59:59I'm sure I'm getting some looks from the

1:00:02police chief over there.

1:00:03Maybe

1:00:04you know our our sworn staff might need

1:00:07to be treated a little bit differently

1:00:08under this policy as well as

1:00:11folks who are

1:00:12um have licenses from the you know the

1:00:15federal Department of Transportation and

1:00:17such.

1:00:18Um so you know more to be worked out

1:00:19there but I I do think that that's worth

1:00:22you know digging into and getting to a

1:00:23policy that makes sense for the city.

1:00:26Um we were supposed to talk about

1:00:29parental leave but um

1:00:31Councilmember Scarden wasn't able to be

1:00:32with us and I know that that is

1:00:34something that's very important to her

1:00:36as it is to all of us who have kids our

1:00:39age I think

1:00:40and so we will be taking that up at our

1:00:42next meeting.

1:00:46>> Okay we're

1:00:48uh can I get a motion on

1:00:51adopting the report?

1:00:54Motion made properly seconded no further

1:00:55discussion on this. All those in favor

1:00:57signify by saying I.

1:01:00All right now we want to Chairman Greg

1:01:02for Committee of Ways and Means.

1:01:05Motion made properly seconded on

1:01:08adopting the Ways and Means report did

1:01:09want to

1:01:11add one comment here and set the record

1:01:14straight during Ways and Means meeting I

1:01:16spoke about the last item on this agenda

1:01:20relating to the $5 million bonus that we

1:01:23are giving to our employees and that it

1:01:25was performance-based based on

1:01:29performance reviews that were provided

1:01:32and

1:01:34it was people were rated one, two, or

1:01:36three. What I want to just make sure

1:01:39everybody's aware of is that all the

1:01:41people that scored a two

1:01:43will get the same amount of money. I

1:01:45think I said it was prorated. It would

1:01:46be the same dollar amount if you're

1:01:48making $30,000

1:01:50or $100,000. So, it'll make a big bump

1:01:53for the folks that are on the lower.

1:01:55Same thing that

1:01:57for those that got a three, same dollar

1:01:59amount. So, I misspoke on that. Just

1:02:01wanted to make sure that the record was

1:02:03clear. Really excited to send those

1:02:05bonuses to our employees in the upcoming

1:02:10days. So, we have a motion made,

1:02:11properly seconded on adopting this

1:02:13report. All those in favor, signify by

1:02:15saying I.

1:02:17Both opposed, I'd have it. There's was

1:02:21only one bill up for third reading,

1:02:22which has been deferred. We're now we

1:02:24have 12 bills up for second reading.

1:02:26>> I would move to take one through 12

1:02:28together and move their adoption.

1:02:29>> Can I ask just a quick question about

1:02:31the bills up for third reading as to the

1:02:33the why it's been deferred? Has it been

1:02:35deferred while we wait for Berkeley

1:02:36County to do whatever they're doing?

1:02:38Just cuz I know we're going to get asked

1:02:39about that tomorrow night on Daniel

1:02:40Island. All three of us. So, okay.

1:02:44>> That

1:02:46is correct. You were correct in your

1:02:47assessment.

1:02:48>> Thank you.

1:02:49>> Waiting on Berkeley County. So, we have

1:02:5112 bills up reading. Did I get a motion?

1:02:53>> Yeah, move move to take one through 12

1:02:54together.

1:02:57>> Any discussion on any of these items? If

1:03:00not, all those in favor, please signify

1:03:03by saying I.

1:03:05Opposed, I'd have it.

1:03:06>> I'd move third reading and ratification

1:03:08for one through 12.

1:03:10>> Motion made, properly seconded for third

1:03:12reading on these 12 items. If no further

1:03:14discussion, all those in favor, signify

1:03:15by saying I.

1:03:17Opposed.

1:03:19Uh the eyes have it.

1:03:22Um

1:03:25We got

1:03:27one bill up for first reading. Um a

1:03:31sustainability and advisory committing.

1:03:33Can I get a really slow

1:03:36uh

1:03:40>> [laughter]

1:03:46>> Not very slow, guys.

1:03:49We have a motion made

1:03:53that

1:03:56has been

1:03:58>> And I would just say that this is part

1:04:00of cleaning up uh some of the boards and

1:04:02commissions as we've talked about

1:04:03before.

1:04:05Uh making sure that we're um

1:04:08moving things forward at the best rate

1:04:09for the city in terms of our boards and

1:04:11commissions. As we know, many of us

1:04:13serve on those, so just cleaning it up.

1:04:18>> Anything else you want to add to that,

1:04:19Chairman

1:04:20>> Mr. Mayor, Mr. Mayor, I I'll add

1:04:22something I learned when I was watching

1:04:24council meetings. I was quite confused

1:04:26during this period of time, Mr. Mayor.

1:04:28Why why is this happening? And the

1:04:30reason why this is happening for folks

1:04:32as I found here is because the mayor's

1:04:34got to sign

1:04:36the ordinances that we approve between

1:04:38something between the second and the

1:04:40third reading, right? So, he's up there

1:04:41signing things right after third

1:04:43reading, right? And he's got to do it

1:04:44while we're in here so he doesn't like,

1:04:46you know, run wild with the city or

1:04:47something. Uh so

1:04:50>> me.

1:04:50>> Yeah, so this is what's happening right

1:04:51now. In case you're wondering why we're

1:04:53being weird.

1:04:55>> But

1:04:56>> So, to to further fill the air in this

1:04:58awkward time period, um

1:05:02I represent a few local governments

1:05:03around the state. I'm not going to name

1:05:05any names here, but one of the local

1:05:07governments I represent was sued.

1:05:10And it was under FOIA and the claim was

1:05:14that the ordinances that we were

1:05:16adopting were not following state law

1:05:20because we were not reading them.

1:05:23Meaning reading them.

1:05:26Like the words of the ordinance, the

1:05:29whole thing, every single one of them.

1:05:31And so we had to argue in court

1:05:33that the word read

1:05:36doesn't mean

1:05:37read.

1:05:39So, the more you know.

1:05:41>> Um more you know.

1:05:42>> So, we're we're we're we're doing it the

1:05:44right way around here. Just so you know.

1:05:46>> affairs from district four reads all

1:05:47ordinances.

1:05:48>> Yes.

1:05:49>> All right, we've made a motion. Probably

1:05:50second. We do have to vote on that last

1:05:52item. All those in favor signify by

1:05:53saying aye.

1:05:54Opposed, as have it. Our next meeting

1:05:57will be held on Tuesday, September 22nd

1:06:005:00 p.m. If nothing further, this

1:06:02meeting

1:06:03is adjourned.

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