SPECIAL COUNCIL VDBO and Exhibit 1

SPECIAL COUNCIL MEETING A Special Council Meeting was held on November 5, 2019 at 6:02 p.m. with Council President Hare presiding. Council members present were Mr. Anderson, Mr. Neil, Mr. Cole, Mr. Polce, Mr. Taylor, and Mr. Lindell. Mr. Slavin and Mr. Sudler were absent. Mayor Christiansen was also present. Council staff members present were Deputy City Solicitor Pepper, Mr. Hugg, and Mrs. McDowell. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Lindell and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 304 SOUTH STATE STREET, OWNED BY JAMES P. HYLIND (EMERGENCY CASE) A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 304 South State Street, owned by James P. Hylind. Council President Hare read the following correspondence into the record from Councilman Slavin: "The matter before us this evening is one which I have a conflict of interest in, owing to my position in state government. As such, I will not participate in the discussions and as this is the only matter before us this evening, I will not be in attendance. Thank you.” Mr. David Hugg, Director of Planning and Community Development, and Mr. Jason Osika, Fire Marshal, reviewed a presentation depicting the condition of the property (Exhibit #1). Mr. Hugg advise that they had been in regular contact with the owner and the owner's agent since the evening of the event and they have been very cooperative and have pledged to get this building repaired. He noted that staff was not asking for permission to go in and take action but for permission to be authorized to do so, if for some reason the corrective action is not taken. Mr. Osika provided a timeline of the conversations with and notifications to the property owner and those having equity in the property. Responding to Mr. Taylor, Mr. Osika advised that he had not seen the structural engineer’s report; however, a visual inspection the night of the incident indicated that there was no damage to nor stress on any of the surrounding buildings. Mr. Taylor asked if the Downtown Dover Partnership (DDP) grant for the repairs had been approved. Mr. Osika replied that the application had been accepted based on the circumstances to allow the work to start. Mr. Hugg stated that he did not believe that the DDP had approved the façade grant. He noted that the property owner had also applied for a State historic district tax credit and he thought that both applications would be approved fairly soon, if they had not yet been. Mr. Polce, referring to the work standstill the previous week, asked what had been communicated to Mr. Osika regarding the standstill. Mr. Osika advised that originally the insurance company

SPECIAL COUNCIL MEETING OF NOVEMBER 5, 2019 PAGE 2 verbally told them in a phone call to do what needed to be done to make the building safe. Mr. Osika stated that when the insurance company found out how much the cost was going to be, it was elevated to another supervisor and work was stopped until they could send an adjustor to look at the damage. He noted that the earliest that the field adjustor could be here was November 12, 2019. Responding to Mr. Polce, Mr. Osika stated that the barrier and thoroughfare had been blocked by the Delaware Department of Transportation (DelDOT) at the owner's expense. Mr. Polce noted that it was a bit frustrating, not only for the owner but for the City. He advised that he had heard from the downtown business community and merchants who want to know when they can expect the thoroughfare to be opened. Mr. Polce stated that his typical response was that they did not want to put citizens' lives in jeopardy. He noted that it was a shame that a field adjustor was holding up the process 16 days into it. Mayor Christiansen advised that he had received an email from Mr. Tom Smith from the Delaware Made store about the effect that the street closure was having on his business. Mayor Christiansen asked about the possibility of blocking State Street off north of the northern section of The Green, rather than where it is currently blocked off. Mrs. Donna Mitchell, City Manager, advised that she had requested DelDOT to move the barricade to allow traffic around The Green and out Bank Lane. She stated that they explained that there has to be distance between the barricade and where the actual problem is and they would not move it. Mrs. Mitchell noted that DelDOT was not happy that it was taking so long. Mayor Christiansen recommended that he and Mrs. Mitchell contact the Secretary of Transportation to request a special dispensation with creating an alternate route along State Street. Mr. Hugg added that once the existing façade is removed the road and sidewalk can be reopened while the reconstruction activity is taking place. He stated that the only reason that they were securing the roadway was to prevent anybody being injured by falling materials or an unforeseen collapse of the rest of the old façade. Mr. Osika stated that the adjuster would be onsite a week from Friday, which is when the roadway should reopen. Mr. Neil suggested contacting the State Insurance Commissioner's Office and requesting them to contact the insurance company since this is hurting the City of Dover and the businesses in the City and possibly anybody who is walking past that building. Council President Hare declared the public hearing open. Mr. David Hood, Professional Loss Consultant with Goodman-Gable-Gould Adjustors International, 3903 Naylors Lane, Baltimore, advised that they are called in for a fire, a building collapse, a hurricane or a tornado, etc. for damages to either a commercial property or a residential property to help the insured measure, document, and negotiate their insurance loss with their insurance companies. He advised that insurance companies are for-profit companies and they do not move very quickly because they have to do the best that they can to measure the loss on their behalf, not the insured's. Mr. Hood stated that when loss consultants get involved, it does not slow down the process because they are able to dive in to figure out what the problems are.

SPECIAL COUNCIL MEETING OF NOVEMBER 5, 2019 PAGE 3 Mr. Hood explained that they contacted the insurance company to send a substitute adjuster immediately to the site because the other adjuster was out of the country until November 11, 2019, which they did. He noted that he and his building consultant met with the substitute adjuster onsite the previous day. Mr. Hood advised that the other adjuster is still coming on November 12, 2019; therefore, it was not necessary to contact the Insurance Commissioner. Mr. Hood stated that BRS Consulting, Inc., a historic preservation construction company, is putting up the scaffolding and taking down the building while preserving the outer bricks for the historic preservation of the building. He noted that anything in the interior that has deteriorated is being removed and disposed of. Mr. Hood advised that once the façade is removed and they are able to put a protective covering on the outside of the building to preserve it from weather, a temporary wall will be built. He stated that it would take time to reconstruct that part of the building and a while for the insurance company to agree to the estimates. Mr. Hood noted that they have to write an estimate of what needs to be done for the insured and then he will use those estimates to negotiate with the insurance company and make sure that the insured has enough funds to be able to rebuild the building the way that it should be rebuilt, safely and with the historic preservation of the building. He advised that his best guess estimate was that the work to take down the building should be done by Wednesday of the following week and the road should be open by Friday of the following week. There being no one else present wishing to speak, Council President Hare declared the public hearing closed. Staff recommended: 1) declaring this building dangerous; 2) ordering the property repaired so that it is deemed safe by the Building Official by November 15, 2019 by the owners or equity owners at their own risk; 3) ordering the Building Inspector to cause the repairs so that it is deemed safe by the Building Official if not completed by the owners within 10 days of the date established by City Council; and 4) ordering the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs to be charged against the lands on which the building exists as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owners. Mr. Lindell moved for approval of staff’s recommendation to: 1) declare this building dangerous; 2) order the property repaired so that it is deemed safe by the Building Official by November 15, 2019 by the owners or equity owners at their own risk; 3) order the Building Inspector to cause the repairs so that it is deemed safe by the Building Official if not completed by the owners within 10 days of the date established by City Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs to be charged against the lands on which the building exists as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owners. Additionally, that the Mayor and City Manager contact the Secretary of Transportation to look for an alternate path to open up The Green a little bit more for the downtown businesses to, hopefully, have some business. The motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Slavin and Sudler absent).

SPECIAL COUNCIL MEETING OF NOVEMBER 5, 2019 PAGE 4 Mr. Neil moved for adjournment, seconded by Mr. Taylor and unanimously carried. Meeting adjourned at 6:32 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of November 5, 2019, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\11-05-2019 SPECIAL COUNCIL VDBO.wpd Exhibits Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 304 South State Street

EXHIBIT #1 Special Council Meeting of 11/5/2019 DANGEROUS BUILDING 304 S. STATE ST. City of Dover Planning & Inspections Department November 5, 2019

◦ On 10/20/19 @ 18:12 hours, the Fire Marshal was contacted by the Dover Fire Department after they responded to 304 S. State St. for a structural collapse with a subject possibly trapped. The subject was assisted out of the building by the Fire Department. ◦ The Fire Marshal observed damage to the building including damage to the first-floor overhang, a section of the second-floor wall which had collapsed, facia which was hanging, large cracks above the third floor and at the parapet wall, and the front of the building bowing 304 S. State St. ◦ The electric and gas were secured to the building that night. Water was secured to the building later within the week. Water was delayed due to safety concerns with the location of the shutoff. History ◦ The first and second floor house business offices and the third floor is an apartment. The one resident was displaced and assisted by Red Cross. ◦ The building was condemned on 10/20/19. ◦ State St. was closed between North St. and the Green due to concerns of the building collapsing more. ◦ The Fire Marshal spoke to the property owner on 10/20/19 and advised him that a structural engineers report would be required by a licensed contractor and repairs would need to be made from that report to make the building safe in a timely manner or the City would make such repairs and place a lien on the property.

304 S. State St. History On the morning of 10/21/19 the Fire Marshal, Building Inspector, and Code Enforcement met onsite with the building owner and an engineer that the owner hired. The insurance company was involved by phone. It was determined that the engineer would generate a report and that we would meet in the afternoon in reference to a plan/schedule to have the wall secured. On the afternoon of 10/21/19 the Fire Marshal, Building Inspector, and Code Enforcement met with the building owner, an engineer hired by the owner, and a contractor hired by the owner. The plan forward was to stabilize the building and evaluate what needs to be done to make the building safe. The engineer and contractor was going to work together on the project. They felt that the front wall would need to be removed and secured until a decision could be made on how to put the wall back in place. The contractor was deemed responsible to come into compliance with Del Dot due to State St. being a State roadway. On 10/28/19, the Fire Marshal and Building Inspector were advised that the insurance company had placed the engineer and contractor on hold until they could have a representative on scene (estimated November 12, 2019). The Fire Marshal spoke to the owner regarding the same.

◦ It was determined that the support beams run South to North so the property would not need to be shored up. The front wall would need to be removed brick by 304 S. State brick. Cosmetic pieces would be saved. ◦ All communication has been verbally. We have not St. History seen a structural engineers report.

◦ (2) Damaged walls, etc. Those which, exclusive of the foundation, show 33 percent or more damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering. Dangerous ◦ (5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe, insanitary or so utterly fail to provide amenities to decent living that they are unfit for human habitation, or are likely to cause sickness Building or disease, so as to work injury to the health, morals, safety or general welfare of those living therin. ◦ (8) Loose parts. Those which have parts thereof which are so attached that Code Chapter they may fall and injure members of the public or property. ◦ (9) General welfare. Those which, because of their condition or use, are unsafe, insanitary, or dangerous to the public health, morals, safety or general 22 Article XI welfare of the people of this city. ◦ (10) Code violations. Those existing in violation of any provisions of the Sec. 22-381 building code of this city, or any provision of the fire prevention code, or other ordinances of this city. ◦ (12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three months or more so that decay is being accelerated by natural or manmade causes or which may be attracting trespassers and vagrants, increasing the probability of fire and danger to human life.

◦ Emergency Cases Dangerous ◦ In cases where it reasonably appears that there is an immediate danger to the life or safety of any person, Building unless a dangerous building is immediately repaired, vacated and closed, or demolished, the building Code Chapter inspector shall report such facts to the council, which may cause the immediate repair, vacation, or 22 Article XI demolition of such dangerous building. The costs of Sec. 22-388 such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in section 22-385(5).

FRONT OF THE BUILDING Damage to the overhang and an area where the brick collapsed on the second floor.

Front of the Building ◦ Damage to the overhang and an area where the brick collapsed on the second floor.

Front of the Building ◦ Damage to the overhang and an area where the brick collapsed on the second floor.

Third Floor Interior Ceiling Water damage to the ceiling (this would be the left Water damage to the ceiling (this would be the right front corner on the front of the building). front corner on the front of the building).

Front of the Building ◦ Damage to the overhang and an area where the brick collapsed on the second floor.

CONDEMNED PLACARD 10/20/19

10/31/19 PHOTOGRAPHS State St. looking South

FRONT OF THE BUILDING 10/31/19

FRONT OF THE BUILDING 10/31/19 Large crack above third floor at the parapet wall.

Front of the Building Above third Floor at Parapet Wall 10/31/19 Left side, cracking and bowing Right side cracking and bowing

◦ Declare this building dangerous ◦ Order the property repaired so that it is deemed safe by the Building Official by November 15, 2019 by the owner or equity owner at their own risk Recommended ◦ Order the Building Inspector to cause repairs of the structure so that it is deemed safe by the Building Council official if not completed by the owner within 10 days of the date established by City Council Action ◦ Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owners