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.
Built from YouTube auto-generated captions; the agenda was not read and minutes are not yet posted. Votes were voice votes with no tallies. Names may be misspelled.
Agenda
Agenda PDF posted; see Sources. Items not yet read.
Sources
- Agenda Center listing for this date: https://www.charleston-sc.gov/AgendaCenter/ViewFile/Agenda/_10222026-11304
- Documents: Community Development Committee Agenda
- Agenda Center: https://www.charleston-sc.gov/AgendaCenter
- Start time and place are taken from the city's published 2026 schedule and may differ in practice.
- Video: https://www.youtube.com/watch?v=wwq9mYjyWRY (City of Charleston YouTube channel)
Video
Transcript
*These are auto-generated captions; names and numbers may be misheard.
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.
