SPECIAL COUNCIL MINUTES - VDBO AND EXHIBITS 1-4 Redacted

SPECIAL COUNCIL MEETING A Special Council Meeting was held on September 21, 2021 at 6:03 p.m. with Mr. Hare presiding in the absence of Council President Sudler. Council members present were Mr. Boggerty, Mr. Neil, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mr. Anderson was absent. Council staff members present were City Solicitor Rodriguez, Mr. Hugg, Mr. Kopp, Mrs. Sapp and Mrs. Ramsey. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 23 SOUTH GOVERNORS AVENUE, OWNED BY DOVER HOUSING DEVELOPMENT C/O COLUMBUS PROPERTY MANAGEMENT A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 23 South Governors Avenue, owned by Dover Housing Development C/O Columbus Property Management. Staff’s recommended: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished or repaired by October 21, 2021 by the owners or equity owners at their own risk; 3) order the Building Inspector to cause the demolition of the structures if not completed by the owner 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 demolition 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 owner. Mr. Hare declared the public hearing open. There being no one present wishing to speak, Mr. Hare declared the public hearing closed. Mr. Boggerty moved to accept Staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished or repaired by October 21, 2021 by the owners or equity owners at their own risk; 3) order the Building Inspector to cause the demolition of the structures if not completed by the owner 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 demolition 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 owner. The motion was seconded by Mr. Neil and unanimously carried.

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 2 PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED 25 SOUTH GOVERNORS AVENUE, OWNED BY DOVER HOUSING DEVELOPMENT C/O COLUMBUS PROPERTY MANAGEMENT A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 25 South Governors Avenue, owned by Dover Housing Development C/O Columbus Property Management. Staff’s recommended: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished or repaired by October 21, 2021 by the owners or equity owners at their own risk; 3) order the Building Inspector to cause the demolition of the structures if not completed by the owner 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 demolition 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 owner. Mr. Hare declared the public hearing open. There being no one present wishing to speak, Mr. Hare declared the public hearing closed. Mr. Boggerty moved to accept Staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished or repaired by October 21, 2021 by the owners or equity owners at their own risk; 3) order the Building Inspector to cause the demolition of the structures if not completed by the owner 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 demolition 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 owner. The motion was seconded by Mr. Neil and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 34 NORTH GOVERNORS AVENUE, OWNED BY PAUL G. AYERS AND MERS (JP MORGAN CHASE BANK) A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 34 North Governors Avenue, owned by Paul G. Ayers and MERS (JP Morgan Chase Bank). Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed the background and analysis for 34 North Governors Avenue. Mr. Kopp also reviewed a presentation depicting the condition of the property (Exhibit #1). Staff’s recommended: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished or repaired by October 21, 2021 by the owners or equity owners at their own risk; 3) order the Building Inspector to cause the demolition of the structures if not completed by the owner 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 demolition to be charged

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 3 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 owner. Responding to Mr. Rocha, Mr. Kopp confirmed that the pictures included in the presentation were taken at the time of the fire. Responding to Mr. Rocha, Mr. Kopp stated that the fire did not burn the property down and did not affect the whole house. Responding to Mr. Taylor, Mr. Kopp stated that he had spoken with the homeowner around the time that the letter of intent was sent. He noted that he explained to the owner that they needed to see a good faith effort because nothing had been done to the property. Mr. Kopp explained that regardless of the open permits for the property there had been no inspections and the permit was over a year old which was concerning for Code Enforcement. Responding to Mr. Neil, Mr. Kopp stated that he had not heard anything from JP Morgan Chase Bank but had received a priority mail card back signed by a Mr. Ron Cochrun for the notification of the hearing. Responding to Mr. Neil, Mr. Kopp stated that there was an active mortgage on the property and JP Morgan Chase Bank had been included on both the letter of intent and the notification for the hearing. He noted that the priority mail card he received back from the notification of the hearing was signed by a Mr. Joseph Nanasy on August 2, 2021. Responding to Mr. Neil, Mr. Kopp confirmed that JP Morgan Chase Bank was the mortgage holder of the property and would be responsible for the demolition but they had not made an attempt to contact him. Responding to Mr. Rocha, Mr. Kopp stated that he was unaware of if JP Morgan Chase Bank had property insurance for 34 North Governors Avenue because he had not heard back from them. He noted that it was not uncommon in this type of situation to not hear back from the bank. Responding to Mr. Taylor, Mr. Kopp reviewed the pictures of the exterior of the property included in the presentation. Mr. Taylor requested that for future Violations of Dangerous Building Ordinance meetings that Code Enforcement provide pictures taken closer to the time of the hearing. Responding to Mr. Boggerty, Mr. Kopp stated that when the City demolished a property it would be a flat surface, completely filled in and cleared of everything when it was finished. Responding to Mr. Boggerty, Mr. Kopp stated that Code Enforcement would call the dumpster company to come and remove the dumpster at the property. Mr. Hare declared the public hearing open.

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 4 Ms. Dynette Merritt, 53 Cole Road Townsend, Delaware, stated that she was present to speak on behalf of her brother, Paul Ayers. Ms. Merritt stated that the property was in the current state due to the following reasons: • The fire that took place • The house was condemned • COVID-19 • Approved plans being delayed because of needed revisions • Loss of insurance (due to the house being condemned) • Contractor and material delays Ms. Merritt stated that building permits had been acquired and they had started demolition prior to the fire. She noted that demolition was shut down and they were informed that a permit was needed to do that particular type of demolition. Ms. Merritt explained that they had obtained a demolition permit from the City of Dover and later permits for renovations (Exhibit #2). She stated that they had to get a plot plan approved in order to get the plans approved by the City, they also had to get insurance, which they did. Ms. Merritt noted that an asbestos test and air quality test were done and a licensed and bonded contractor was hired. She explained that they had done some structural work inside for the flooring and demolition was completed recently. Ms. Merritt stated that an inspection was scheduled for the following day with the City of Dover. She noted that they had cut a gas line and the gas was on so the fire department was called out and they shut it off on the previous Friday, September 17, 2021. Ms. Merritt explained that they had been actively working with the City Planning Staff and thought they had a plan. She stated that she had asked for a 90 to 120-day extension in writing but the Planning Department advised that they did not receive the letter or fax. Ms. Merritt noted that she had a stamped copy of the letter and envelope to Mr. Kopp on June 16, 2021. Responding to Mr. Hare, Ms. Merritt stated that she had gone to the City of Dover office and scheduled the inspection for the following day at 1:30 p.m. with the woman at the front desk to the left. Responding to Mr. Hare, Mr. Hugg stated that she probably had spoken with Ms. Taryn Bower, Office Assistant II, in the Permitting and Licensing Office. Responding to Mr. Hugg, Ms. Merritt stated that the inspection scheduled was for demolition. Mr. Hugg advised that he was not aware that there was an inspection scheduled. Responding to Mr. Kopp, Ms. Merritt stated that she had gone to the office when Mr. Kopp had informed her that he had not received her letter. She noted that she believed it was either Thursday or Friday of the previous week. Ms. Merritt stated that they had been consistently working on the project and that there was a lot of structural stuff that had to be removed before the contractor was brought in. She noted that they were in the process of framing the inside of the property. Ms. Merritt explained that everything was being

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 5 done on the interior first because that was where the damage was so the progress could not be seen from the street. She stated that they had to keep the house boarded up because of vandalism. Responding to Mr. Hare, Ms. Merritt stated that she had ordered windows but they were not in. She explained that she had contacted the contractor because she wanted to have something done so the outside of the house would not continue to look as it did but the contractor told her that she needed to get the permits and inspections done and the only thing to inspect currently was the demolition. Ms. Merritt noted that she had pictures on her phone that she could show Council of the work that had been done (Exhibit #3). Responding to Mr. Taylor, Ms. Merritt stated that the funding was available and the contractor had their deposit. Responding to Mr. Taylor, Ms. Merritt stated that they had secured a contract with B & B Contractors, LLC which she had with her for Council to see (Exhibit #4). Ms. Merritt clarified that she had spoken with Mr. Kopp when the letter of intent was sent out, not her brother. Responding to Mr. Kopp, Ms. Merritt stated that they had not obtained the structural engineering report that was required at the time of the fire. She stated that she did not recall that requirement. Mr. Kopp stated that the structural engineering report was needed before the contractor started to make sure the house was safe. Mr. Kopp noted that he had spoken with Mr. Paul Ayers, or someone representing themselves as Mr. Ayers, on the phone in May 2021 and advised them that the structural engineering report was needed. Ms. Merritt stated that they had an architect, Mr. Fred Horn, go through the basement of the house to make sure everything was sound before the plans were done. She noted that her brother was an electrical engineer and had also gone through the house. Ms. Merritt apologized for the oversight on the structural engineering report and ensured Council that she would get one. Responding to Mr. Neil, Ms. Merritt stated that previously Mr. Ayers had not lived at the property, it was a rental. Responding to Mr. Neil, Ms. Merritt stated that once the house was livable it would be a rental again, they had no intention of selling it and planned to rent it to two families. Responding to Mr. Hare, Ms. Merritt stated that the house was not a duplex and they planned to rent the upstairs to one family and the downstairs to another family, both with signed leases. Mr. Lindell stated that he would make a motion once the public hearing was done to delay for two weeks to allow everyone to communicate with each other and get to the bottom of it. Mr. Kopp stated that he would recommend 30 days rather than two weeks due to the delays with structural engineers at that time. He noted that within the 30 days Ms. Merritt could secure a

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 6 structural engineer and get the report done, or if not, they could allow a contract with a structural engineer to serve as a sign of good faith that progress was being made as they had in the past. Responding to Mr. Rocha, Mr. Hare stated that after the 30 days if there had not been a resolution this property would need to come back before Council. Mr. Hare recommended that Ms. Merritt talk with the Planning staff if her family planned to rent the home to two separate families because there were different rules and regulations for two families versus one since it was a single family residence. There being no one else present wishing to speak, Mr. Hare declared the public hearing closed. Mr. Lindell moved to delay action for 30 days and if the City’s Planning and Inspections Department was comfortable with the progress being made it did not need to be brought back before Council or if the issue was not resolved in 30 days the matter would be brought back before Council for further action. The motion was seconded by Mr. Boggerty and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 209 NORTH NEW STREET, OWNED BY JAMES W. AND LINDA A. CACCAMO A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 209 North New Street, owned by James W. and Linda A. Caccamo. Staff’s recommended: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished or repaired by October 21, 2021 by the owners or equity owners at their own risk; 3) order the Building Inspector to cause the demolition of the structures if not completed by the owner 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 demolition 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 owner. Mr. Hare declared the public hearing open. There being no one present wishing to speak, Mr. Hare declared the public hearing closed. Mr. Boggerty moved to accept Staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished or repaired by October 21, 2021 by the owners or equity owners at their own risk; 3) order the Building Inspector to cause the demolition of the structures if not completed by the owner 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 demolition 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 owner. The motion was seconded by Mr. Neil and unanimously carried.

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 7 Mr. Neil moved for adjournment, seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 6:34 p.m. JANELLA MAE T. SAPP INTERIM CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of September 21, 2021 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR JMTS/mr S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2021\09-21-2021 SPECIAL COUNCIL MINUTES - VDBO.wpd Exhibits Exhibit #1 - Presentation - Violations of Dangerous Building Ordinance - 34 North Governors Avenue Exhibit #2 - Permit provided by Ms. Dynette Merritt Exhibit #3 - Pictures provided by Ms. Dynette Merritt Exhibit #4 - Contract provided by Ms. Dynette Merritt

EXHIBIT #1 Special Council Meeting of 09/21/2021 Violation of Dangerous Building Ordinance 34 North Governors Avenue Planning & Inspections Department Dover, Delaware September 21, 2021

34 North Governors Avenue Case History  Condemned as unfit for human occupancy on January 26, 2020.  First Violation Notice sent January 27, 2020  Second Violation Notice sent April 22, 2021  Letter of Intent sent May 19, 2021  Demolition Permit obtained January 8, 2020  Renovation Permit obtained October 6, 2020  Active Vacant Building since June 1, 2020  No Active Utilities since February 4, 2020

34 North Governors Avenue Outstanding Fees  Code Enforcement Fines $ 750.00

34 North Governors Avenue Code Violations  HSG/BLDG Condemnation  Workmanship  Structural Report Needed  Obtain Building Permit  Restore Electric Service  Electrical Inspection Required

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381 (4) Fire damage, etc. (5) Unfit for habitation (6) Light, air, sanitation (9) General welfare (10) Code violations (12) Unoccupied Buildings

Recommended Council Action  Declare this building and all accessory structures on this property dangerous.  Order the property demolished by October 21, 2021 by the owner or equity owner at their own risk.  Order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10 days of the date established by City Council.  Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition 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 owner.

EXHIBIT #2 Special Council Meeting of 09/21/2021

EXHIBIT #3 Special Council Meeting of 09/21/2021

EXHIBIT #4 Special Council Meeting of 09/21/2021