2026-10-22 - Committee on Community Development

Summary

  • Councilman McBride chaired in place of the regular chair, with four members present (one online with poor audio) plus the mayor. The September 17 minutes were approved, and the 52 Cooper Street item was moved to the front of the agenda.
  • Public participation: representatives of Historic Charleston Foundation, the Preservation Society of Charleston, Save Our Structures Charleston and the East Side Community Development Corporation thanked the committee for taking up demolition by neglect after the loss of the Emmett Abbott Memorial Chapel at 52 Cooper Street. They urged concrete action rather than more study, noted similar problems were raised 30 years ago, and stressed housing conditions for low-wealth east side residents. One written comment called the loss racially discriminatory. See Demolition by Neglect and 52 Cooper Street.
  • City staff presentation (52 Cooper Street and process improvements): the new planning, permitting and engineering section chief proposed one-to-three-month actions and six-to-nine-month actions. Near term: written procedures and formal staff coordination, reconvening the demolition by neglect task force with preservation and neighborhood members, owner guidance on maintenance, engineers and permits, a scored at-risk building database flagged in permitting, preservation representation on the livability review board, wider notice of violations and demolition, a required placard posting period with a salvage plan, and continued work with a Bloomberg vacant-building partnership. Longer term: classify buildings left boarded or neglected over six months as a public nuisance, more nuance for heirs property and hardship cases, extend monitoring to historic commercial and civic buildings, more frequent citations for willful neglect, and studying use of fines and other sources for stabilization.
  • Funding discussion: a member noted stabilization of one nearby cottage was estimated at $100,000 to $200,000, so public money may not cover the scale. The mayor floated a revolving, deed-restricted renovation fund using Cooper River Bridge TIF affordable-housing money (project 3500), matched by preservation donors, subject to legal review and without eminent domain. A member asked for the promised Cooper River Bridge TIF orientation for east side leaders to be rescheduled.
  • Preservation groups' joint recommendations: limit the building official's authority to order demolition without Board of Architectural Review review to sudden, unforeseeable damage confirmed by an independent engineer, with public notice always; add the BAR's historic and aesthetic standards to the official's decision; automatically add demolition-by-neglect parcels to the Old City District; adopt a deconstruction and salvage ordinance with pre-demolition assessments; support heirs-property title clearing through a Charleston School of Law clinic; use the city's stabilization and lien powers; use the Save Our Structures survey; and consolidate planning and livability enforcement. Members asked about lessons from other cities and how willful neglect would be determined; the groups promised comparison research.
  • The mayor defended city staff, saying they acted on a licensed structural engineer's report of imminent collapse and that liability and public safety are real constraints; another member agreed and blamed the owner's neglect. No vote was taken on the item.
  • Abandoned building site (347 Ashley Avenue and 448 Race Street): a resolution certifying the properties under the state abandoned buildings law was approved on a voice vote.
  • CHDO HOME set-aside: a motion to deobligate community housing development organization HOME set-aside funds for program years 2019 to 2024 was approved on a voice vote.
  • Planning fee update: staff previewed a nominal update to planning and preservation fees reflecting cost-of-living increases since 2019, still under labor cost, with four services getting their own fees (conditional use verification letters, site plan review documentation, one item previously packaged elsewhere, and final plats of four lots or fewer). A member noted state law limits fees to direct costs. Staff will also bring a short-term rental amendment recently heard by the Planning Commission and survey data to Council in November. See 2027 Building and Permit Fee Changes and Short-Term Rental Ordinance Amendments.

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Transcript

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Transcript

00:00Last meeting went a little bit long

00:02and my name is uh Councilman McBride.

00:04I'm standing in for Councilman Appel who

00:06couldn't be here today uh chairing this

00:08committee.

00:10We have a quorum. We have uh the mayor,

00:12Councilman Delesandro, Council Pokei,

00:16and I think that's it. Is there anyone

00:17online dialed in?

00:21>> Okay, it's just us four

00:25and we'll start with an invitation.

00:27Anyone want to do the invocation? Go

00:28ahead. Well, thank you. I Let's take a

00:30moment for silent reflection, please.

00:38>> Amen.

00:41>> And the first item is public

00:43participation. Any uh public com public

00:46comments signed up?

00:48>> There was one comment submitted online

00:50and two people signed up to speak in

00:52person.

00:53The online comments stated,

00:57Hannah Lowry submitted a comment

00:58regarding 52 Cooper Street, stating that

01:00it was criminal and racially

01:02discriminatory that the city allowed

01:03this to happen. History, the

01:05neighborhood, and the African-American

01:06community should be respected and

01:08appreciated. Developers were being

01:09allowed to destroy neighborhoods.

01:12As far as public comment in person, Lisa

01:15Jones is the first name signed up on the

01:17sheet.

01:19>> Okay. And uh just and I meant to

01:22coordinate ahead of time. So you're you

01:24you're going to give the presentation.

01:26That's later. Got it. Okay. Go ahead.

01:28Come on up. Give you two minutes.

01:35Before she get going, I just want you

01:37know seeing I am online but I am 3:30.

01:45>> I will interpret the best I can. You're

01:47broken. Councilman Seekings, but

01:49Councilman Seekings has joined us uh

01:50online. Your audio is a little bit

01:52broken, just so you know. Okay, go

01:54ahead.

01:55>> Okay, great. Uh good afternoon, chair,

01:57members of the committee. Mayor, on

01:59behalf of Historic Charleston

02:01Foundation, I want to thank you for the

02:03time and attention you're giving to the

02:05issue of demolition by neglect. I should

02:07back up and say I'm Lisa Jones with

02:08Historic Charleston Foundation.

02:11It's demolition by neglect is not a new

02:14issue, but the Emit Abbott Memorial

02:16Chapel at 52 Cooper Street is a renewed

02:19call to action. Watching a historic

02:21building deteriorate to the point of

02:23collapse left residents, preservation

02:26advocates, neighbors, and property

02:27owners feeling powerless and asking

02:30difficult questions. How did we get

02:32here? What tools were available? What

02:35could be done to prevent it from

02:36happening again? Importantly, these were

02:39questions being asked not only by the

02:41public, by the city as well. So, we want

02:43to thank you and the mayor for putting

02:46this on the agenda and allowing us the

02:48opportunity to participate in advancing

02:50solutions to this problem. Historic

02:53Charleston Foundation, Preservation

02:55Society of Charleston, and Save Our

02:57Structures Charleston have worked

02:58together to develop recommendations that

03:01will be presented to you later by Julie

03:04O' Connor. And thank you for that

03:06opportunity. These recommendations are

03:08aimed at identifying problems earlier,

03:11strengthening enforcement tools, and

03:14creating a more coordinated, proactive

03:16approach to protecting historic

03:18properties. We view this effort as an

03:21ongoing partnership with you. And we

03:24think it'll benefit everyone. We look

03:26forward to continuing to work together

03:28with city staff, this committee, and

03:30city council to develop and implement

03:32meaningful

03:34uh policy changes. Thank you for your

03:37consideration and your commitment to

03:39this collaborative effort to protect our

03:41shared history.

03:44>> Thank you for that. Any other uh anyone

03:46else signed up? That's it.

03:48>> Kevin Eber.

03:52>> Uh thanks for taking the matter up. Um

03:55thanks for very much for taking the

03:57matter up and I've been working with my

03:59friends here the last few days on what

04:01you're going to hear about later this

04:02afternoon. Um, Councilman uh Dellesandro

04:06shared some minutes from a city council

04:10meeting 30 years ago where this exact

04:14same topic and the same problems, the

04:18same roadblocks were mentioned. It's

04:20been going on so long. And what you're

04:23going to hear in just a minute from

04:25Julius is that there are so many easy

04:27solutions. And I really hope the city

04:29will not just kind of punt for more

04:31study and surveys and reflection. There

04:34are so many easy options to actually do

04:37something concrete. I hope that the

04:40council will take advantage of that.

04:45Anyone

04:50else in the list?

04:53>> That was off.

04:54>> Okay.

04:57Yep. Go ahead.

05:01>> Sorry. Sign up. Um Brian Turner,

05:04Preservation Society of Charleston. I

05:06want to echo my colleagues and this is a

05:09really important collaboration. We're

05:11very appreciative that you all have

05:13decided to focus on this really critical

05:15issue and I don't want to spend time

05:18rehashing or reiterating any of the

05:20things but just group grouping

05:21thematically you know Charleston is

05:24starting from a position of great

05:25strength with this issue. We have

05:27historic assets that other towns in

05:29America would dream of. Um we also have

05:32a a community of contractors and

05:34architects who are extraordinary and who

05:37do amazing work. And so we have the

05:39resources here and we also have the

05:41legal tools in place and several of the

05:43recommendations you'll hear about are

05:45really reforms that we can do to

05:46existing tools to strengthen and and

05:49improve them. Um but more broadly I

05:53think we have to think about where we've

05:54come in 30 years and what are the what

05:56are the core problems. Um demolition by

06:00neglect is not you know a a a singular

06:03issue that you can attribute to one or

06:05another behavior. There's a there's a

06:07it's a very multi-dimensional

06:10um problem and some of our most

06:12vulnerable populations are living in

06:14substandard housing and that is an issue

06:17that preservationists care about and I

06:19want to just make sure that that's

06:20emphasized that this is an issue where

06:23we can express our humanity uh for those

06:25people as well as our concern for the

06:27cherished places that really define our

06:30communities. And so we're bringing

06:31forward recommendations that I think

06:33haven't been thought of as as much

06:36before like the ideas of title clearance

06:39um deconstruction and salvage ordinance

06:41that will help us you know better

06:43understand that that this is not a 0 to

06:4560 problem where it's either demolition

06:48or complete preservation that oftent

06:50times that there's important materials

06:52and components of of homes and buildings

06:55that we want to make sure um stay

06:57upright. And I think the 52 Cooper issue

06:59really motiv motivated and cat catalyzed

07:03this meeting because what the community

07:05saw there was

07:08a lot of material that was really

07:09carelessly and recklessly lost um

07:14despite a real push and I think that

07:16there was a real effort um being made

07:18and for the contractor to salvage some

07:21of those materials and it it's really

07:23sad and we we want to make sure we don't

07:25see that again and I I encourage you all

07:28to think of this strategy really

07:29comprehensively in terms of policy

07:32solutions. Thank you.

07:36>> Okay, ma'am. Would you like to just make

07:38some comments? Two minutes.

07:44>> Hello, my name's Alexis Wright Singleton

07:46and I'm the president of ECDC, the East

07:49Side Community Development Corporation,

07:52and also the Neighborhood Association.

07:55what happened at 52 Cooper Street. Um

08:01there are no happy words. There aren't

08:04even civil words. Um the community is

08:10devastated. Even though that was a

08:12church that wasn't in use for many

08:14years, there are many people who

08:16attended not only on the east side but

08:19all over the Charleston Peninsula.

08:22And

08:24uh

08:26it's very sad and people are looking for

08:31who to blame. And we know that the

08:35church was in a dilapitated

08:37um state as are a lot of the structures

08:42on the east side.

08:44Um there are structures on the east side

08:46that actually belong to people who they

08:49can't they can't rectify themselves.

08:52Um like our Philip Simmons home. Um I

08:58could go down a list of properties on

09:00the east side that are historic.

09:03Um we're currently working with um um

09:07the ACA. We're having an ACA done on the

09:12east side so that people will recognize

09:16more um firmly that the east side is

09:19just it's it's almost all historic. Um

09:25even the project housing was built 100

09:28years ago.

09:30Um, and yeah, we have people who are not

09:35uh or who are of low wealth, but we

09:38they're people. They're our neighbors,

09:41and they deserve to live in better

09:44housing than they have. And then we have

09:47our millionaires.

09:49The one thing that's really really um

09:52bothering, sorry.

09:57Yeah.

09:57>> Thank you for the comments.

10:00All right. Um, next item is approval of

10:04minutes. September 17th, minutes.

10:10>> Moved and seconded. Any comments? All in

10:13favor say I.

10:17>> Okay. And nothing for old business. So,

10:19new business. Um, would somebody care to

10:22make a motion to move up item Roman

10:24numeral four to the first item to get

10:27that knocked out? Second.

10:30>> Any discussion? All in favor say I.

10:32>> I.

10:33>> Okay. So, we're moving up uh item four,

10:35which is update on the 52 Cooper Street

10:37and process improvements. And I've

10:40invited uh historical uh society to give

10:43a presentation. First, the city will

10:44give a presentation followed by

10:46historical society.

10:54>> Got that one there. Perfect. Uh thank

10:56you for allowing us some time to talk

10:58about obviously what is a a very

11:00important topic. Uh my name is Dave

11:02Pentton. I'm section chief planning

11:04permitting engineering u in my third

11:06week. So very nice to to meet everyone

11:09so far and dive into an issue of

11:11importance like this. Certainly we've

11:12heard uh you know from from some members

11:15of the public this evening or this

11:16afternoon. uh and certainly want to

11:18underscore the importance of of this

11:20issue and our acknowledgement of uh you

11:23know the loss of the community but also

11:25provide this as an opportunity for us to

11:27do uh some self-reflection and some

11:29growth and look at some opportunities

11:30for improvement. Uh and that's where

11:32we're going to focus on this afternoon.

11:34Uh so we want to talk a little bit about

11:36some of the things that we've learned

11:37and that we want to uh break into two

11:39different categories for some immediate

11:41action uh which is about a 1 to

11:44threemonth time frame of things that we

11:46can begin to do and get in place within

11:48that time frame and then some items that

11:50we put into a bucket that's about a 6

11:52to9 month time frame. Uh if we can get

11:54some of those things done sooner than

11:55that great but we want to make sure we

11:57just lay out some some good expectations

11:59uh about what some of those things will

12:02take in terms of time. Uh so just want

12:04to get started quickly on on these. Uh

12:07the first topic that we want to talk

12:09about is certainly develop clear

12:11procedures and guidance uh for these

12:13situations and better formalize the

12:15existing coordination we have between

12:16our relevant city staff that deal with

12:18these uh situations for things like site

12:22visits, remedies, actions. Make sure

12:23everybody is you know working together,

12:25working from the same sheet of music to

12:27to understand the situation and be able

12:29to uh you know have good coordination

12:31between everyone. Uh we also want to

12:33suggest to reconvene uh the demolition

12:36by neglect task force uh include

12:38representation from our preservation

12:39groups and neighborhoods with that and

12:41really charge them with a deliverable

12:44for recommendations and actionable

12:46items. Uh we also want to better connect

12:49property owners with resources that can

12:50provide some guidance and assistance uh

12:52for historic building maintenance,

12:54stabilization, rehabilitation, and

12:56preservation. and also with that provide

12:59things that have clear language and

13:01guidance on when licensed structural

13:03engineers are required, when permits are

13:05needed, and which types of permits, and

13:07really establish a good point of contact

13:09to better assist property owners uh with

13:11those processes. Uh the second item that

13:14we want to to work through and work on

13:16improving is coordination and data

13:18sharing. uh refine and regularly update

13:22our database of at risk building and

13:24also integrate that into our permitting

13:25systems that when one of those

13:27properties comes up, it does, you know,

13:28have a flag on it that we can can

13:31identify. Uh also categorize, score,

13:33prioritize properties by conditions,

13:35historic significance, ownership and

13:37safety risk. uh better collaborate and

13:40share that information with preservation

13:42organizations, neighborhoods, uh other

13:44stakeholder groups and also add

13:46representation from preser preservation

13:48groups to the livability review board.

13:53Next topic is to improve communication

13:55and notification procedures. When we

13:57have these notice of violation letters,

13:59we certainly want to notify key staff,

14:01identify council members and other key

14:02stakeholders in the community like our

14:04preservation groups, abing property

14:06owners, uh neighborhood leaders, uh when

14:09those when that demolition is required

14:10for public safety purposes. Also

14:13establish a required posting period for

14:15those placards for demolition uh and

14:17include a plan for the owner to salvage

14:19and preserve historic materials. Uh and

14:22then one of the final ones we have in

14:24this immediate action category. Uh we do

14:27have a partnership with Bloomberg uh to

14:29address vacant and at risk historic

14:31buildings and we want to continue to

14:33work with them. That's something that's

14:34just getting underway. Uh so we want to

14:36continue that coordination and

14:37collaboration, see what comes out of

14:38that and take any uh action that we can

14:41as a result of some of those

14:42conversations in collaboration with

14:44Bloomberg. So that's the immediate

14:47action items for the one to threemonth

14:49category. Uh we'll jump into the nearer

14:51term items which we put into a six to

14:54ninemonth time frame. Uh and the first

14:56one we want to do strengthen enforcement

14:58and oversight. This is something we can

15:00also begin to do within that 1 to

15:02threemonth frame. But just understanding

15:04that there are some things that may take

15:05a little bit more time like amendments

15:07to city codes uh you know frequency of

15:10citations things like that that we may

15:11need to get additional input on uh and

15:14guidance on. So it may stretch into

15:16those time frames. But some of the

15:17things like we' mentioned amend city

15:19codes to classify buildings that are

15:20left boarded, neglected or vacant uh in

15:22violation for more than 6 months as a

15:24public nuisance. Uh amend city codes to

15:27strengthen accountability uh but also

15:29take into consideration ownership

15:31circumstances uh which would include

15:32developers, individually owned

15:34properties, heirs properties, hardship

15:36cases. Uh so try to maybe build in a

15:38little more nuance to to some of that.

15:40Uh expand monitoring enforcement to

15:42include historic commercial and civic

15:44properties. also increase the monitoring

15:46for the frequency of at risk buildings

15:48and then as I mentioned earlier pursue

15:50more frequent citations in instances of

15:52willful neglect.

15:54also want to explore some opportunities

15:56for different funding sources. Uh study

15:58whether fines that we collect from

16:00violations can be used for stabilization

16:02and preservation uh for these

16:04prioritized at risk buildings uh

16:06particularly in hardship cases uh rather

16:08than going into the city's general fund

16:10and also work with our partners and

16:12preservation groups uh maybe to identify

16:14other funding sources that can be used

16:16uh for similar outcomes. And then

16:18finally, uh, we want to again advance

16:21and implement any recommendations we get

16:23from the negle demolition by neglect

16:25task force, anything that comes out of

16:27the collaboration with Bloomberg as

16:28well. Uh, but really again work with

16:30that partnership uh, when we reconvene

16:32that task force to uh, you know, take

16:35some of those recommendations and see

16:37how we can advance those forward. Uh

16:39again, all of this to try to put

16:41together a more meaningful process, uh

16:43one that has better notification, better

16:45oversight, uh better coordination and

16:47collaboration uh with all of our

16:48partners in the community on this topic.

16:50Uh and that's our presentation on this

16:53item for happy to take any questions,

17:01Mr.

17:01>> Chairman. U Thank you. We haven't had a

17:04chance to meet yet. So, hi.

17:06Yeah, I think we met maybe virtually.

17:08>> Sure. I was I think on Zoom when you

17:11were introduced uh the uh obviously very

17:15interested in the um funding sources

17:18piece because a number of the

17:19residential property owners that uh

17:22particularly as was referenced by Miss

17:24Wright Singleton are of moderate means.

17:26And uh the challenge though and I don't

17:29know what thought you might have to it

17:31and if there's not an answer right now

17:32maybe we can just put a a pin pin in it

17:35for future consideration but it seems to

17:37me that the scale and cost particularly

17:40with respect to stabilization um is

17:42pretty extensive. Um I remember when we

17:44spoke about the preservation of the um

17:47house that's in front of the Philip

17:48Simmons cottage and that was going to be

17:50you know maybe almost $200,000 at least

17:52between 100,000

17:54stabilization only um circumstance. So,

17:58when we talk about fines and some of the

18:00funding sources, um, from your

18:02experience or just just you maybe even

18:04shooting from the hip, how might we, uh,

18:07get over the, um, potential landmine

18:10staring in front of us that the amount

18:11of money from the public purse may not

18:14be sufficient to not only uh, address

18:17the individual um, costs associated with

18:20stabilization or other needs uh, to get

18:22past the neglect point of it, but then

18:24also then the scale that's required for

18:26the number of uh parcels that we're

18:28talking about. Um I just want us to

18:30maybe factor that in our planning from

18:32the beginning.

18:34>> That's what I may look to see if anybody

18:36has any immediate thoughts on otherwise

18:38we can certainly put a pin in, get back

18:39with you and talk through that a little

18:41bit on our side, but creativity is

18:43definitely going to be needed in that

18:44regard for sure. So, [clears throat]

18:46this is an idea for consideration and I

18:49have not uh full disclosure talked with

18:52staff about this, but um so we'll see

18:54how this goes. But uh

18:58east side is part of the Cooper River

19:00Bridge TIFF and there is money in the

19:01Cooper River Bridge TIFF and there's

19:03money that can be used for affordable

19:05housing and that is something that we're

19:07looking at uh as part of project 3500.

19:10Project 3500 is not just uh new

19:13construction but opportunities for

19:16renovations of uh old buildings. And so

19:21one idea that I have is that uh if

19:26legally permissible and we'll have to

19:28work with staff on that. I see Julia

19:30nodding her head back there. Um I'm sure

19:33Amy's having a p panic attack somewhere.

19:36uh is that we could put potentially some

19:38money into a fund, a matching um grant

19:43fund of some sort that we could work

19:45with the preservation groups on to uh

19:48get their donors to contribute

19:51uh for the restoration of abandoned

19:55properties. Now, it's going to take a

19:56lot of legal work to figure out how we

19:58can get clarity on title to do this sort

20:01of thing. Um, we don't want to be using

20:03imminent domain on situations like that.

20:06But, um, if there are no clear uh uh if

20:10there's no clear title on it, it is

20:12something that we could potentially do.

20:14Um, but set it up in like a revolving

20:17fund where we could renovate a building.

20:20uh make sure it is deemed and this would

20:23be a requirement for using tip funds

20:26uh deed restricted for affordability

20:29metrics and then potentially resell it

20:32and use that as a rolling fund to do

20:35other properties again within the Copa

20:37River Bridge TIF district i.e. the east

20:39side. So that's an idea but as we've

20:43discussed there's no silver bullet on

20:44something like this. Um, we'll have to

20:47look at see u the feasibility of

20:50something like that, but I think we'll

20:52have to get very creative.

20:54>> Chairman,

20:55>> and thank you, Mr. Mayor. Um, and since

20:56Miss Wright Singleton is here, I'll go

20:58ahead and channel what I know she's

21:00thinking and she would say if she had

21:01the mic right now. Um, but then the east

21:03side community, particularly with

21:04respect to the east side leadership, I

21:06think that uh they would ask and they

21:08would ask me to ask through them right

21:10now. um that we continue to make

21:12progress on scheduling what we've been

21:14discussing to provide um an update and

21:16orientation as to the Cooper River tiff

21:18district. Um I receive a lot of

21:20questions about that and I know Miss Ry

21:22Singleton in particular um would be

21:24interested in learning all the ins and

21:26outs of that um as it was referenced. Uh

21:29so I uh on on behalf of that community,

21:32on behalf of her since she's president,

21:33I'll just put that on the record now.

21:34And I know we've been talking about

21:36scheduling and that as a matter of fact

21:37had made progress about scheduling until

21:39the unfortunate uh event that occurred

21:42at 52 Cooper Street that kind of threw

21:43all of our calendars off. But I'll just

21:45put that on the record and I I know

21:47she's grateful um as I see her not

21:49smiling at me in the audience that I

21:51said that.

21:55Okay. Hey, I'd like to go ahead and uh

21:57offer uh there's a presentation um joint

21:59presentation by historical Charleston

22:01Foundation Preservation Society. Uh I

22:04can give you 10 minutes if you can get

22:05through in 10 minutes just for the sake

22:07of time.

22:07>> Yes. And do you are you gonna flip the

22:11slides or should I tell you?

22:13>> I mean yeah we can

22:14>> or I Oh yeah. Or you can grab that amp.

22:26Good afternoon. My name is Julie O'

22:28Connor and I am speaking on behalf of

22:30Save Our Structures Charleston, Historic

22:32Charleston Foundation, and the

22:34Preservation Society of Charleston. I

22:36want to thank council members for

22:37allowing us to take time today to

22:39present our recommendations.

22:41The city has the opportunity to send a

22:43strong message to property owners and

22:44developers affirming that Charleston's

22:46character-defining historic buildings

22:48and irreplaceable community assets are

22:50essential to protecting the city's

22:52heritage. These buildings on the screen

22:55represent a fraction of the buildings

22:56that are endangered due to demolition by

22:59neglect. We've been working together

23:01over the past weeks to make

23:02recommendations that will provide policy

23:04solutions to prevent demolition by

23:05neglect and strengthen accountability

23:08when the loss of significant historic

23:09resources occur. One issue we have

23:13identified is in the language that

23:14authorizes the chief building official

23:16to order a building to be demolished

23:18circumventing the bar and public notice

23:20process. While this is an important

23:22public safety authority in emergency

23:24cases, it should not be used in cases of

23:27demolition by neglect. The city code

23:29should be amended to specify that the

23:31building official may bypass the B only

23:33after he or she certifies a sudden and

23:36unforeseeable change in the building's

23:38condition caused, for instance, by a

23:41fire or lightning strike or similar. The

23:43building official should also consult

23:45with an independent engineer to confirm

23:47the applicant's claims. In cases where

23:50this structural failure is due to

23:51long-term neglect, the building would be

23:53placed on the next BAR agenda, exceeding

23:56the cap on the agenda if necessary in

23:58order to expedite the process.

24:00Regardless of the circumstance, public

24:02notice must be included.

24:05Additionally, there is currently

24:06language in the code regarding the BU

24:08building officials ability to order

24:10demolition or stabilization. Oop, did I

24:12do something? That is tied um

24:15exclusively to financial considerations.

24:18However, in evaluating demolition

24:21requests, the BAR must determine and

24:24balance, and I quote, the historic,

24:28architectural, and aesthetic features of

24:30such structure, the nature and character

24:32of the surrounding area, the historic or

24:34culturally important use of such

24:36structure, and the importance to the

24:38city. The BAR standard should be added

24:41to the code for the building official as

24:43well.

24:44Outside the old city district, B only

24:47has jurisdiction over demolition, but

24:49not what replaces a demolished

24:51structure. Of course, the expansion of

24:53the B's jurisdiction to more of the

24:55upper peninsula would be our preference.

24:57But in the meantime, in cases of

24:59demolition by neglect, the parcel should

25:01be automatically added to the old city

25:03district so that the BAR can guide the

25:06reconstruction through the established

25:08process. These are two such examples of

25:11demolition by neglect resulting in

25:12complete demolition and the

25:14inappropriate structures that replaced

25:16them.

25:20When the bar or building official

25:22approves or orders demolition,

25:24salvageable historic material is

25:26needlessly lost. Adopting a

25:28deconstruction and salvage ordinance

25:30would require and incentivize the

25:32careful dismantling of buildings

25:34approved for demolition. Communities

25:36across the country have comparable and

25:38successful programs. A pre-demolition

25:41salvage assessment would be an important

25:43first step.

25:45One challenge that comes up quite often

25:46in demolition by neglect cases is the

25:48heirs property issue. Without clear

25:51title, even eager owners cannot get

25:53financing, tax credits, or even help

25:56from nonprofit organizations. The

25:58Charleston School of Law is working on

26:00creating a legal clinic in cooperation

26:03with Center for Heirs Property, which

26:05would train law students to help owners

26:07clear title and move forward with

26:09preservation.

26:11The city's preservation ordinance

26:13provides avenues by which the city can

26:15prevent demolition by neglect by

26:16stepping stepping in and stabilizing a

26:19structure and securing a lean on the

26:21property. The survey performed and

26:23updated by SOS Charleston is an existing

26:27resource the city can use to identify

26:30the most endangered buildings. Closer

26:33coordination between the planning

26:35department and the livability, excuse

26:37me, the livability department would

26:39consolidate the staffing resources to

26:42allow for better enforcement in the

26:44field. Demolition by neglect has been a

26:47problem in Charleston for many decades

26:49and will not be solved easily.

26:52These homes are a few examples of some

26:54of the many endangered structures

26:56structures we are fighting to save.

26:58Historic Charleston Foundation,

26:59Preservation Society of Charleston, and

27:01Save Our Structures Charleston

27:03appreciate this committee's willingness

27:05to work with us and the residents of

27:06Charleston to take active steps to

27:09improve the problem. We appreciate your

27:11consideration of these recommendations

27:13and we are dedicated to continuing to

27:15work with all of you on this important

27:17issue. Thank you.

27:21Thank you very much for that.

27:24And as you said, the partnership uh

27:26between you and the city is uh already

27:28showing some fruit. So it's good news. I

27:30think we'll continue on down a good

27:32path. Any any comments for anybody on

27:34presentation?

27:35>> Well, I I like this idea that um uh Mr.

27:39Eberly has presented to me with the uh

27:42clearing of the errors titles that um

27:44that's that's one piece of this. if we

27:47can help clear up the titles. Um, and it

27:51seems like for um a small investment

27:54from the city, uh, that could go a long

27:57way to helping some of this problem. Um,

28:02it it just seems like

28:05it it's very complicated with a lot of

28:09these properties. Uh, I mean, you take

28:12um

28:14a lot of it boils down to how do you get

28:18the ear the current owner of the

28:19property to want to restore it um in a

28:24timely manner. Um, I mean,

28:28we can get the force stabilization and

28:32then it's just propped up for however

28:34many years until

28:37uh the owner decides they either want to

28:39sell it or fix it up at that point. Um,

28:42that's frustrating. It's frustrating to

28:46just tear it down completely. Um, I it's

28:52just very complex. I I don't really know

28:54what the answer is, but um definitely

28:57clearing helping to clear the the errors

29:00component of that would would get us a

29:02step closer to it.

29:05Um [sighs]

29:07neglig negligent owners is is what I

29:11keep going back to. And if there was a

29:14way to

29:16um

29:19make people more aware of what they're

29:22buying when they're buying property in

29:25the historic district of Charleston and

29:28that it's uh it it's not up for

29:31demolition that you are going to be

29:36required to renovate the property in a

29:39historical manner. I I don't know how

29:41you do that, but um I mean negligent

29:44owners is what I keep going back to.

29:52>> Any other comments? Go ahead.

29:53>> I I I have a question. Um and maybe this

29:56I don't know if it's appropriate from

29:57the audience or the presentation. Um to

29:59what extent are your recommendations in

30:01um informed by uh lessons learned in

30:04other jurisdictions? I know Charleston

30:05is unique um uh in so many ways and

30:08special and wonderful and the best place

30:10in the world. Uh but um is there any

30:13lessons that have been acquired from how

30:17um uh other places have uh uh confronted

30:21these challenges and um particularly

30:23with respect to the balancing of the

30:25interest of the property owner um who

30:28may not be able to afford um the

30:30requirements that government um or

30:33public safety require.

30:35Absolutely. We've all done a lot of

30:37research on other municipalities and we

30:39can certainly put together something for

30:41you about that. Some great ideas are

30:44that you sort of punish the um willful

30:48uh people who are, you know, trying to

30:50get these buildings to fall down so that

30:52they can develop the proper to a higher

30:54or better use and using those funds to

30:56help people that are not doing it

30:59willfully and just can't afford things.

31:01Um this we as we I discussed earlier the

31:04salvage um ordinance is is utilized

31:08across the country in various

31:10municipalities. A lot of these ideas are

31:12being implemented. And if I may respond

31:15to Councilman Delisandre's question um

31:18if we do stabilize these houses and

31:20don't let them continue to neglect to be

31:23neglected then the incentive for them to

31:25fall down is removed. um and because

31:28they won't fall down and um then at that

31:31moment maybe somebody would sell it

31:33instead of hanging on to it hoping that

31:35it'll fall down. So I think there's a

31:36lot of benefits to the things that we

31:38suggested and certainly research from

31:40other municipalities.

31:42>> If I may ask a follow-up question, have

31:44you encountered um any general um uh

31:48standard for how you uh determine what's

31:51willful and what's not? uh because that

31:53immediately makes me nervous um to

31:56divine intent um in that context. Uh I

31:59know this might be something that you

32:00have to work on, but just based on what

32:02you might be aware of, is there any um

32:04general pointers on how they make those

32:06distinctions?

32:07>> Well, I mean, we certainly do research

32:08on ownership and do research and that's

32:11the first, you know, sort of part of

32:14that. Um and you know, certainly

32:16sometimes it's obvious and sometimes

32:18it's not. So, we would certainly never

32:21just assume that somebody is being

32:22willful, but um and again, there's other

32:25municipalities that have utilized that

32:27type of strategy and we can certainly

32:29look at their methods.

32:34>> Mr. Mayor,

32:36>> um [clears throat] thank you. And uh one

32:39comment I do have I in this instance on

32:42Cooper Street, [clears throat] I do want

32:45to discuss

32:48the liabilities that the city has

32:51because and I'm curious from uh

32:55preservation groups. I mean, you your

32:56your

32:58first point up there is an is an

33:01interesting one, and I'm not a lawyer,

33:04but this is some a legal question that

33:06we'll need to look into in more detail

33:08because

33:10uh a lot of heat came on our city's

33:13staff, I think, unfairly,

33:16because we got a report

33:19from a licensed structural engineer that

33:23said that building was in imminent

33:25danger. danger of collapse.

33:28So we have

33:32a responsibility

33:34to respond to that.

33:37And if that building, God forbid, did

33:40collapse and somebody was injured, I can

33:43promise you that we would be served

33:46papers

33:47for a lot of money and rightfully so.

33:52So when there's condemnation and people

33:56calling for the staff to be fired

33:58because

34:00uh they made that decision based on

34:04uh a licensed engineers's professional

34:06opinion.

34:07I do take exception to that. And so that

34:11is a disconnect that we're going to have

34:14to be able to work through

34:17realistically.

34:19And so I'm not sure what the solution is

34:22there. I like the ideas that you're

34:24talking about in point one, but I also

34:28have to represent the city and our

34:32responsibility,

34:34fiduciary responsibility, but also most

34:36importantly public safety

34:37responsibility.

34:39So that's a complex component. the

34:43lawyers in the room uh would be better

34:46uh charged with helping to figure out

34:49how to potentially thread that needle,

34:51but that is something that will not be

34:54an easy fix. And I do just want to be on

34:57record for saying I think city staff,

35:01despite how tragic it was that that

35:03building came down, I think city staff

35:06did the right thing and I think they

35:08were unfairly condemned

35:11uh for this unfortunate situation.

35:17>> Yeah. And I agree. I I I think if it

35:20gets

35:23when a report is issued and it's

35:24presented to the staff, they have to

35:26look at it objectively whether it's I

35:30mean they they look at the science of

35:32it. Um again I point at the owner of uh

35:37that particular property who

35:41could have with enough effort restored

35:44that property had they chosen to. um you

35:48know they they

35:50uh allowed it to get to the condition

35:53that it was in and um

35:58they they should not have been stewards

36:00of that property. They they should have

36:01let it go and let somebody else take

36:03care of it and renovate it.

36:07>> All right. Any final comments?

36:09Good. All right.

36:11We'll move on. Good presentation. Thank

36:13you for coming to present. And good

36:15presentation. Thank you for that. Look

36:17like we're leaning in to solve this

36:18problem. Moving on to uh under new

36:21business item one, approval of a

36:25resolution certifying property located

36:26at 347 Ashley Avenue and 448 Race Street

36:30as an abandoned building site pursuant

36:32to South Carolina abandon.

36:33>> For approval

36:36>> second.

36:38>> All right. Any comments?

36:42All in favor say I.

36:43>> I.

36:44>> I.

36:45>> Okay. Okay. No. Item number two,

36:48authorization to delegitimize CHDO home

36:51set aside funds for the program years

36:522019 to 2024.

36:54>> Move for approval.

36:56>> Second.

36:58>> Any comments? All right. All in favor

37:00say I.

37:01>> I.

37:02>> No.

37:05And item three, update um by the

37:09planning.

37:13Is that a different one? Update by the

37:15planning pres No, that's the same one,

37:17right? We just did that. Okay. Update.

37:19Update by planning preservation staff

37:20regarding proposed amendments to update

37:23existing administrative and review fees,

37:25etc.

37:28>> That's hilarious.

37:30>> Uh, Chairman McBride, can you hear me?

37:33>> Yes. Go ahead.

37:38>> Yeah, I can hear you. Can you hear us?

37:40>> Yes. Yes. I apologize.

37:43last minute thing. I had to take my son

37:45to the doctor. So, I'm in a very

37:48concrete building here. Um, so just real

37:50quick,

37:53give the CD committee a heads up that as

37:55a part of uh the budget ad hoc

37:57presentation for the planning

37:58department. Um I had in

38:02just a nominal update um this year or

38:05requesting a nominal update this year to

38:07our fee schedules

38:11reflects the COLA that was received uh

38:14by staff over the LA since 2019. Um

38:20uh is is still well under um our current

38:24labor calculations to complete the the

38:26task.

38:29Um I'm not sure if you were able to see

38:31any of the slides, but we do have uh

38:34four items

38:38um have um that we provide service for,

38:41but we don't have individual fees that

38:44we would be

38:47um provide a new fee for. Um and that

38:55for our conditional use verification

38:58letters. Um a site plan that is not

39:01related to a variance or

39:04so a site plan review um that uh we need

39:08to document. Um we have the con

39:14that presently was um packaged elsewhere

39:16but has since been drawn out to its own

39:19thing. And then finally, we

39:23under the plat review committee, the

39:25final subdivision plat for four lots or

39:27less um out of just the straight uh

39:32fee for that smaller uh subdivision plat

39:37uh versus the standard um per lot

39:41for uh uh presently for subdivision

39:44plats. And so that would be it. This is

39:46just a cursory item to update you all.

39:50uh a heads up about um uh some briefing

39:54material that I'll be sending out and uh

39:56offering related

39:59that are coming forward to council

40:00including uh the short-term rental

40:02amendment that was at planning

40:04commission last evening um as well as

40:08um survey data uh that we would be

40:11asking council uh to take up in

40:13November. And with that that

40:17I apologize for not being able to be

40:18there in person uh today.

40:21>> All right. Thank you, Mr. Somefield.

40:23Just your your audio was going in and

40:25out, but I think we got the gist of it

40:26and we did see the slides. So, thank you

40:28for that.

40:30Any comments on that agenda item?

40:34>> Only point is Thank you, um, Robert, and

40:38hope your son's okay. Um the the idea

40:42here is not we're not just trying to

40:44ding people on this. I mean we we need

40:46to cover our costs and actually state

40:49law doesn't allow us to charge more than

40:51what our direct costs are. So all we're

40:54trying to do is keep up. Um and a lot of

40:57these fees have never been haven't been

40:59touched for years. Inflation's picked

41:02up. So we're really just trying to

41:04rightsize it. Um and and that's the the

41:07exercise we've gone through here.

41:11Okay. Any uh final comments from anybody

41:13in the committee? If not,

41:17um public comments are done, ma'am. But

41:20uh

41:23Okay. All right. All right. We'll stand

41:26a journ. Thanks.