SPECIAL COUNCIL VDBO

SPECIAL COUNCIL MEETING A Special Council Meeting was held on August 15, 2022, at 6:02 p.m. with Council President Sudler presiding. Council members present were Mr. Anderson, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Taylor (Via Webex), and Mr. Hare. Mr. Boggerty was absent. Mayor Christiansen was also present. Council staff members present were Mr. Hugg, Ms. Gray, Ms. Bennett, and Mr. Rodriguez. Other staff members present were Mr. Kopp. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 235-239 W. LOOCKERMAN STREET, OWNED BY SAG HOLDINGS, LLC A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 235-239 West Loockerman Street, Owned by SAG Holdings, LLC. Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed a presentation depicting the condition of the property. Staff recommended: 1) declaring this building and all accessory structures on this property dangerous; 2) ordering the property be demolished by September 15th, 2022, by the owner or equity owner at their own risk; 3) ordering the Building Inspector to cause the demolition of the structure, if not completed by the owner within 10 days of the date established by City Council; 4) ordering the City Manager, with the assistance of the City Solicitor to cause the cost of the 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. Responding to Mr. Rocha, Mr. Kopp stated that as far as he has been informed, there is no insurance on either building. Mr. Kopp stated that the pictures are a combination of both buildings and that it is two parcels that are kind of minced together, but the buildings are connected throughout. Mr. Kopp noted that he believes that the fire originated on the left side of the building. Responding to Mr. Neil, Mr. Kopp stated that his recommendation for demolition is on or before September 15, 2022, but this date can be determined by Council. Responding to Ms. Arndt, Mr. Kopp stated that there were bedrooms in the basement that were illegal, and that it violated the code for non-habitable spaces. Mr. Kopp noted that there was no proper fire egress or amenities in the basement for them to be habitable. Mr. Kopp stated that he has not received any correspondence from the property owners but that he had spoken with the

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 2 attorney, who is representing the property, but other than that, no actual contracts, legal, pending documents or pending contracts, potential sales, etc. Mr. Kopp stated that there has been no indication from the attorney as to the path forward. Mr. Kopp noted that he has been in contact with a broker who reached out and is trying to attempt to sell the property, but nothing is set in stone or guaranteed. Mr. Sudler stated that Mr. Rock, the attorney representing SAG Holdings, LLC was present via Webex. Responding to Mr. Rocha, Mr. Kopp stated that he believes that Mr. Rock is only representing SAG Holdings, LLC. Mayor Christiansen stated that he thinks it would be appropriate for him to explain the actions that he took in issuing the executive order for this building to be demolished, after today if we did not see anything of substance about it. Mayor Christiansen noted that there is nothing more frustrating than people wanting to do their job and do it well. Mayor Christiansen stated that then they must go over a bunch of hurdles and a bunch of ducking and dodging. Mayor Christiansen stated that if Mr. Rock and his folks had been sincere in doing something definitive on this building, they would have been in touch with our Planning and Inspections department right from the get-go when they were first communicated with. Mayor Christiansen stated that we have a responsibility regarding the public safety of all our citizens across the city, but we also have a responsibility to maintain people's property rates. Mayor Christiansen noted that he respects those rates because this country was founded on property rates. Mayor Christiansen stated that when other people's property rates infringe on the public safety of the citizens of our city, we must do what needs to be done. Mayor Christiansen stated that there were illegal apartments at the bottom of that building. Mayor Christiansen noted that he was there when they pulled out Mr. Goins, who was a fire victim. Mayor Christiansen stated that now we have a responsibility to take definitive action here and he requests that Council follows through on this. Mayor Christiansen stated that the citizens of this city are looking toward us to do what is necessary and that we have committed to revitalizing our downtown. Mayor Christiansen stated that it is in the heart of our city. Mayor Christiansen asked how we can expect the downtown Dover partnership and the people who have supported that effort along with the people from Mosaic, Kent County, the State of Delaware, and particularly the City of Dover, to be committed to revitalizing our downtown if we are going to keep extending the opportunity for that building to stand there. Mayor Christiansen stated that they have the wherewithal and the means to take it down in the next 15 days. Mayor Christiansen stated that if we are committed to the public safety of our citizens, as he knows everyone is, committed to the revitalization of our downtown efforts, and committed to the efforts of our Fire Marshals and Inspections department, then this building needs to come down. Mayor Christiansen stated that this will send a message to the other folks that have dangerous buildings in our community that we are coming after them next.

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 3 Mr. Hare stated that he has heard, the building is structurally sound. Mr. Hare stated that his one thought would be because the owner's not doing squat and was not doing squat until he heard about this, have the city hire a contractor to go in there and gut the building, and clean the building out completely. Mr. Hare noted that he does not care what it costs because then we can put that cost against the building. Mr. Hare noted that there might even be some people other than those whom they have talked to that are interested in the building Responding to Mr. Hare, City Solicitor Mr. Rodriguez stated that he does not think they are talking about a criminal charge at this point, but to answer his question, he would say it would not be a criminal charge. Mr. Rodriguez stated that we are talking about civil liability, which could well transpire, if somebody was seriously injured or died because of the condition of the building, it would be a civil suit against the owner as opposed to a criminal action. Mayor Christiansen stated that he appreciates Mr. Hare’s questions and concerns and that he thinks that is something that the Williams family will probably take up. Mayor Christiansen stated that he would once again, reiterate to Council that the owner has been given time and that they were given notice early in the month by executive order. Mayor Christiansen stated that he wishes Council would follow through on that and that on the 30th of this month if they have taken no definitive action, for the city to proceed in taking that building down and place a lien on the property. Mayor Christiansen noted that if they have a buyer for that property, the cost can be rolled into the price of the sale. Mayor Christiansen stated that if the city is committed to the public safety of our citizens, then they must be the voice of those who have no voice. Mayor Christiansen noted that Mr. Goins has no voice anymore because he is not with us and that the city needs to do the right thing. Responding to Mr. Taylor, Mr. Sudler stated that he does not believe that the city has received anything in writing. Mr. Sudler noted that he could be wrong, but that he does not think the city has taken any bids to demolish the unit. Responding to Mr. Taylor, Mr. Kopp stated that a project this size would require a sealed bid. The only way to go around the sealed bid is for the Mayor and City Manager to make an exception to the purchasing policy, to change it from a sealed bid to a regular bid. Mr. Kopp stated that for a project this size, he would recommend at least doing a bid that way we can get the correct qualified contractors involved in this project. Mr. Kopp stated that in addition to the cost of demolition, the city must consider the asbestos survey, which is going to be another added expense and due to the condition of the building, it could be removed as it is demolished. Mr. Kopp noted that it means as they are taking the building down, they would be removing the asbestos, which could also be an extra added expense. Mr. Taylor stated that he agrees that these things need to be done but that he is just not sure 15 days is the timeline they should use. Mr. Taylor stated that he is concerned that we are going to make a move and taxpayers are going to be stuck with the cost with no repercussions to the owner.

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 4 Mr. Taylor stated that if the city has something in place where the owner of the building is going to incur those costs, he would be more apt to support the 15-day timeline. Responding to Mr. Taylor, Mr. Kopp stated that the sealed bid could take anywhere from four, eight, or twelve weeks. Mr. Kopp stated that there is a process and that it must go into the paper, it must be sent out, etc. Mr. Kopp stated that it is a lengthy process for the sealed bid. Mr. Kopp stated that the 15 days does not necessarily mean the building comes down. Mr. Kopp noted that is the date that the building must be demolished and if not, then the city will start the process of demolition. Responding to Mr. Taylor, Mr. Kopp stated that in 15 days, if the building is not demolished, if that is what Council decides to do, he will have to post a 10-day notice to vacate the property. Mr. Kopp noted that those 10 days are added to the 15 days. Mr. Kopp explained that the reason for that is for anybody who has any personal effects in the building, they can remove them from the building. Mr. Kopp noted that from there they will start the city’s process and that is the standard procedure for all dangerous buildings, not just for this building. Responding to Mr. Taylor, Mr. Kopp stated that a part of the bid process that he has written into the bid is that the contractors are responsible for creating a traffic plan because the city is aware that we will have to shut down roads. Mr. Kopp noted that the contractor will be responsible for the traffic plan and minimizing the effect on traffic. Mr. Kopp stated that without bidding this out and having plans in front of us, he cannot give a strong number as to how long it is going to take, to demolish 235-239 West Loockerman Street. Responding to Mr. Taylor, Mr. Kopp stated that one of the other things that he wanted to mention, when we go to demolish this building, we must take into consideration the building that stands next to it. Mr. Kopp noted that there are about six inches in between the two buildings. Mr. Kopp stated that the city may have to underpin the buildings next to it, which will also be an additional cost. Mr. Kopp stated that they both have basements and that is a concern that we need to consider as we move forward with this. Responding to Mr. Anderson, Mr. Kopp stated that the first notice was sent on July 1, 2022. Mr. Kopp stated that Mr. Anderson is correct in stating that there has been no attempt to pull permits according to the package. Mr. Kopp stated that Mr. Anderson is correct, they sent out certified letters, the attorneys responded, and they have not received information back or even provide information to us, and the first notice gave them till August 4, 2022. Mr. Kopp noted there was a weekend within the timeline and that is why it was a little bit more than 30 days. Responding to Mr. Anderson, Mr. Kopp stated that he is correct this was treated as a regular dangerous building, not an emergency case, which is why a first notice went out. Mr. Kopp noted that if this was treated as an emergency case from the jump, there would have not been the first notice, it would have just been a notice of counsel hearing. Mr. Kopp stated that is the only difference and that we gave them the extra time with the first notice. Mr. Kopp stated that even if it was not necessarily demolished, there would be permits on file to correct the building. Mr. Kopp

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 5 stated either they are going to start the demolition process or start at least getting a rough permit to start correcting the violations. Mr. Kopp noted that Mr. Anderson is correct the action form has in there that it is within 30 days. Mr. Anderson stated that he just wanted to establish that for the record before the public hearing because not everyone in the public will have seen the packet and its contents. Mr. Anderson stated that this has been many months and Mr. Kopp has been doing his job and sending different notices. Mr. Anderson thanked Mr. Kopp for that, and he wants to thank him for the work that has been done and for following the process. Mr. Hare stated that Code Enforcement has done it by the book. Mr. Hare stated that it is like any other vacant building that we have had, where we do not hear anything for five months and we go through all the procedures, then suddenly, the attorney brings forward plans from the owner. Mr. Hare stated that nothing was said until we said we are going to act. So, by the time we get the bids in and everything, it is not going to be demolished in 15 days. We know that. We must do the bids and it is probably going to take at least four to six weeks to get the bids. Mr. Hare stated that their attorney said they needed four to eight weeks. So, he's got four to six weeks to come back to the city with a plan that says, "Here it is. We are going to implement it." And we can tell him, "Fine. You got 30 days to implement it." Mr. Hare stated let us see what happens, let’s make it go forward, and if it does not, they are on a deadline. Mr. Hare noted that if it does not happen by that date, then we do what we need to do. They cannot say we skirted anything or did anything wrong. Responding to Mr. Rocha, Mr. Kopp stated that for any salvageable, personal effects, we can assist with ensuring that they get the stuff out safely. Mr. Kopp noted that there is not much in there that you could get, but legally, we must post that notice to protect ourselves and make sure we are giving them that option. Mr. Kopp stated that he thinks that most personal effects that are in there have been removed or destroyed. Mr. Kopp noted that it is part of the process, and we would follow that process. Mayor Christiansen stated that Mr. Kopp brought to Council’s attention, the City Manager has the option of not going through the bid process, which would expedite the demolition of this building and take an unsafe building down. Mayor Christiansen noted that if Council waves that to the City Manager, he can seek out a reputable, inexpensive route for us to go rather quickly. Mayor Christiansen stated that maybe this will continue to get the folks that own this property’s attention. Mayor Christiansen stated that we do not need that eyesore downtown, it needs to go. Mayor Christiansen stated that it is a traumatic memory for the folks that lost Mr. Whims in that fire. Mayor Christiansen stated that it is detracting from our downtown and is a hazard to the people that live in and around the building.

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 6 Mayor Christiansen stated that we have had calls for people who have taken the boards off the building and who have gone inside to habitat the building, and to get out of the weather. Mayor Christiansen noted that it is a jeopardy to the citizens around the building and it is a jeopardy to the police department, the fire department, and Emergency Medical Services (EMS), which might be called back there at any given time to render services for the citizens that live near there. Mayor Christiansen stated that we also have a responsibility to the gentleman that opened a business behind that facility. Mayor Christiansen noted that it is chasing his business away and that he is concerned about that. Mayor Christiansen stated that it also is of concern to the other neighbors, one of them is a company that is planning some major renovations to the old Simon property. Mayor Christiansen stated that it causes great concern to them because it is devaluing their property and their plans. Mayor Christiansen stated that he would ask Council to, in your wisdom, waive the bid process to the City Manager. Mayor Christiansen noted that the Council expressed their trust and reliance on his ability to get things done and that he thinks we need to take this building down sooner rather than later. Responding to Mr. Sudler, Mr. Kopp stated that he believes there are a couple of contractors that have done some bigger projects in the city, that we could reach out to. Mr. Sudler stated that this is very complex, and a lot of very valid points were made. Mr. Sudler stated that as a contractor himself, who has demoed houses and trailers, an asbestos report is going to run at least two to three weeks just to get the report back, and then you can move forward. Mr. Sudler stated that he does believe that this does serve as urgency and that we do appreciate your due diligence, your hard work, and the effort that you put forth, and that we do support you and your staff. Mr. Sudler declared the public hearing open. Ms. Tina Bradbury, Downtown Dover Partnership, stated they have a mixed review for the property. Ms. Bradbury stated they are in favor of something being done with the property for the safety of the residents and the view of the downtown, as we are trying to revitalize it. Ms. Bradbury stated that they appreciate and respect all the concerns for the safety and for the family that must endure looking at that building. Ms. Bradbury noted that they are working diligently with the broker and with Code Enforcement. Ms. Bradbury stated that to her understanding, there has not been an actual written structural engineering report. Responding to Ms. Bradbury, Mr. Kopp stated that is correct. Ms. Bradbury stated that it is making it challenging to get a buyer to want to come forward and do something with the property because they must endure the cost of a structural engineer report. Ms. Bradbury noted that to repair the building, they would like to keep the structural integrity of the building going forward. Ms. Bradbury stated that they have had some calls, regarding the historical

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 7 component and that would come before the Historic Commission. Ms. Bradbury stated that they also have had some concerns from their factor if the rehab goes through after a demo and if there is going to be any brownfield remediation from the property. Ms. Bradbury stated that if it happens, a buyer coming forward would have to endure that cost. Ms. Bradbury stated that if it is not our agency or the community for the city to go forward, they would have to endure those costs for the remediation. Ms. Bradbury continued by stating that the only intention that she would ask from Council, is that they look at, if you do go forward in demoing the property, that it does become a gated area just for the simple fact of that street does have some nuisance concerns for the businesses that are trying to actively be in business there. Ms. Bradbury stated that if they do something, gate it or place a wall that they can beautify with banners or something to that effect. Ms. Bradbury stated that they ask that there could potentially be some stay order, that if they get a buyer to come forward, they would be able to approach Council with this active buyer and have them look at what their plans are, as we are working diligently to find somebody. Ms. Bradbury stated also with the rehab costs if you take it down completely, they will have to go through a large project with the DSHA, Delaware State Housing Authority, and then that would also consume some time for them because they must go on the waitlist to apply and then there is no guarantee that they would receive funding for a large project. Ms. Bradbury stated that their main goal is the revitalization of the downtown. Mr. Patrick Rock, SAG Holdings, stated that he just wants to express some remorse for the things that he has heard. Mr. Rock stated that nothing they have heard has been true thus far. Mr. Rock noted the day after the fire happened, he met with the tenants and tried to work with them to get what they needed out of the building. Mr. Rock stated that they hired some staff to come down and watch over the opening and closing, to make sure they can get in and out safely. We reached out to brokers and contractors to get us a quote on rehabbing the building. Mr. Rock stated that contractors have given us quotes that are substantial and that they received a quote for demolishing the building, which was over $200,000. Mr. Rock stated that nothing is happening, and he can certainly understand Council’s frustration. Mr. Rock noted that there has been a fair amount of effort and work to try to bring information together and get it done. Mr. Kopp stated since the structural engineering report came up, there was not a structural engineering report per se done. Mr. Kopp noted that there was a quick walkthrough to deem the building safe enough to open the streets. Mr. Kopp stated to clarify, there is no actual structural engineering report that is on file, there was just enough to open the streets that day. Responding to Mr. Sudler, Mr. Kopp stated that the big difference is it is an email versus an actual full report with pictures and recommendations on what needs to be done to fix it. Mr. Kopp stated that a full structural engineering report not only has the pictures that identify the concerns but the

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 8 plan of action to correct them or the recommended plan of action, versus stating the building is safe to open the streets. Mr. Kopp noted that there is a big difference between the two. Mr. Kopp stated that he does not believe it was put in the violation letter to require a structural engineering report. Mr. Kopp thinks that would have come when they applied for a permit. Responding to Mr. Rocha, Mr. Kopp stated that no, the Fire Marshals are the ones who reached out to have the structural engineer come out and give the okay because they are the experts on it. Mr. Kopp stated that they can identify a problem, but they are not the experts to say, "Hey, this is structurally sound." Mr. Kopp noted the code allows us to require or demand a structural engineering report from an expert. Mr. Kopp stated that Mr. Rocha is correct and that as of right now, we do not know the status of the structure of the building. Responding to Mr. Rocha, Ms. Bradbury stated that as part of their mission, they are always looking to keep the historical integrity of a building. Ms. Bradbury noted that the building, from her understanding, does have some historical components. Ms. Bradbury stated that she does not know if the Historic Commission has any weigh-in on that, but they had concerned people bringing it to us. Mr. Hare stated if a certified structural engineer comes back and says the building is not safe, then everything we have said tonight is a moot issue, and then we need to tear the thing down. Mr. Hare stated that we do need to know that and that he does not care whom you have got looking through the building if it is not structurally sound, then it does not matter. Mr. Neil stated that he would like to make a motion, but in terms of the building, you can continue the integrity or the look of the downtown area, with anything new that goes up, you can maintain that and that it is part of the design in the architectural display, that they are going to do. Mr. Neil stated that he is going to move for staff recommendations and to change the date for the demolition to August 30, 2022, simply because that puts a line in the sand and then whatever takes place from there. Mr. Neil stated that his motion includes the City Manager is to negotiate a demolition because of the contract since it is a dangerous building at this time. Mr. Neil stated that the staff recommendation is changing the date for the demolition to August 30, 2022, with the City Manager executing and negotiating a contract for the demolition of the building. Mr. Anderson stated that he would like to second the motion, but before he seconds it, he recommends that the last part be said to allow the City Manager to waive the sealed bid purchasing requirements due to the dangerous building situation. Madam Clerk Bennett stated the motion, ordering the property be demolished by August 30, 2022, with the city manager waiving the sealed bid purchasing requirements to execute the contract for demolition or repair.

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 9 Mr. Hare stated that he is just mixed on this because he cannot see tearing down a building if it is structurally sound and someone could buy it and redo it. Mr. Hare stated that he can see going in there, gutting the building, getting all the garbage out of it, and adding that to the charges against the building. Mayor Christiansen stated that he is not a structural engineer, but he was at the fire when it occurred. Mayor Christiansen stated that anytime that you see fire coming through the mortar on a building, it tends to signal to somebody, and one of our Assistant Chiefs is here, who will bear me out on this, that building has some structural damage. Mayor Christiansen stated that they said that it could not fall into the street. Mayor Christiansen noted that it has the potential to fall into the street. Mayor Christiansen stated that he is not an engineer, but he thought he should share that with Council. Ms. Bradbury stated that a concern has been brought by the partnering businesses that if the city goes forward with the full-on demo, will they be assuming the liability for any damage to their building, or would they have to endure talking to their insurance carriers and getting demoing insurance for their buildings, as well. Responding to Ms. Bradbury, Mr. Kopp stated that when they go to bid this out to any contractor and then select a contract, the contractor is responsible for any damage to surrounding buildings, sidewalks, public streets, and so on. Mr. Kopp stated that it is a part of the contract that they sign before they are awarded the project, so any damage that would occur is the responsibility of the contractor. Mr. Kopp noted that in the event there are damages, the city must repair them, then the city will file suit against the contractor to reclaim the money. Responding to Mr. Rocha, Mr. Kopp stated that the roof of the building is nonexistent, it was burnt through. Responding to Mr. Anderson, Mr. Kopp stated that he is correct and that the building is well- secured. Mr. Kopp stated that everything that is left in there is pretty much rubble and debris, so there is not much that is going to blow out. Mr. Kopp noted that they were in there inspecting a couple of weeks ago and it was still wet inside, so it is not like anything is going to blow out, even if they get a nice wind. Mr. Kopp stated that there is wood around the building and every opening that can be secured is secured. Responding to Mr. Anderson, Mr. Kopp stated that in almost every dangerous building they present, there is not a structural engineering report, unless the determination is to fix it, then that is the only time a structural engineering report would be obtained. Mr. Kopp stated that Mr. Anderson is correct in saying that it is safe to say at this point with no correspondence from the owner indicating a plan of action or corrective action, the structural engineer report, does not have

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 10 to be taken into consideration, because it is something they would have been able to provide if they had a plan of action to do corrective action. There being no one else present wishing to speak, Mr. Sudler declared the public hearing closed. Mr. Neil moved for approval of the staff’s recommendation, ordering the property demolished by August 30th, with the city manager waiving the sealed bid purchasing requirements to execute the contract for demolition or repair. The motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Mr. Boggerty was absent). PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 207 N. WEST STREET, OWNED BY JALISA N. GOLDSBORO. A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 207 N. West Street, Owned by Jalisa N. Goldsboro. Mr. Kopp, Chief Code Enforcement Officer, reviewed a presentation depicting the condition of the property. Mr. Kopp provided a timeline of the notifications that were sent to the property owner and current fees. Mr. Kopp stated that the violations are condemnation, obtaining a building permit, painting exterior surfaces, replacing the roof, replacing broken windowpanes, repairing exterior stairs, removing high grass in the overgrowth, removing junk and debris, and then repairing and removing the accessory structure, which is the shed located in the rear of the property. Mr. Kopp stated that the reason why they responded out there was that it is a continued nuisance property. Mr. Kopp noted that as Council can see, the picture is of the water heater that we discovered was toppled over, creating the water to drain. Mr. Kopp noted that he does believe this happened Sunday and then they found it on Monday while doing their inspection once they realized the wood was ripped off the door again. Mr. Kopp stated that these are some of the things that they were encountering with the property, which is why there are so many inspections at that property. Mr. Kopp stated that on several occasions, they have responded out there and resecured the property. Mr. Kopp noted that the reason why the police had been out there 10 times, is because they called the police to secure it because it was a continued problem and for their safety, they were concerned about going in there. Mr. Kopp stated that at one point when they went to go inspect the property, they smelled the odor of gas and found that the burner was left on the stove in the downstairs apartment. Mr. Kopp stated that they then called Chesapeake Utilities to seal off the gas and remove the meter, which they did. Mr. Kopp noted that they capped it off to prevent any kind of catastrophe there. Mr. Kopp stated that they did contact the City of Dover Water Department to come and remove the water meter to prevent the water damage so that they could do their part in trying to prevent damage throughout the property. Mr. Kopp stated that they ended up securing this property, he believes, a total of five times. Mr. Kopp stated that there are more outstanding fees, he just has not received the invoices yet, because we had to hire a contractor to secure the property, so there are more outstanding fees for the cost of securing the property. Mr. Kopp noted that he has not received the invoices from ServPro. Mr. Kopp stated that the property is unfit for human habitation,

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 11 light, air, and sanitation. Mr. Kopp noted that the fire escape that is seen in the picture, is crumbling, so when we had PD go up to the second floor, we made sure they went one at a time because you could feel the stairs, they were in disrepair. Mr. Kopp stated that regarding the fire escapes, loose parts, general welfare code violations, and unoccupied buildings, this building was initially condemned back in April. Mr. Kopp noted that the reason why every window is boarded is that every window in the house is smashed out. Mr. Kopp stated that whether it was by rocks, bats, or something, they are all destroyed, they were all smashed out. Mr. Kopp stated that he does not know if Council saw in some of the pictures, there was trash that was out in the front yard, it lay there for several weeks. Mr. Kopp noted that they contacted sanitation to come out and collect the trash cans to try to prevent some of the trash from being out there. Mr. Kopp stated that overall, this is probably the most nuisance property, he has in the city right now under condemnation. Staff recommended: 1) declaring this building and all accessory structures on this property dangerous; 2) ordering the property demolished by September 15, 2022, by the owner or equity owner at their own risk; 3) ordering the Building Inspector to cause the demolition of the structures if not completed by the owner within 10 days of the date established by Council; 4) ordering 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. Sudler stated that the public hearing was now open. Jalisa Goldsboro, property owner of 207 North West Street in Dover, Delaware. Ms. Goldsboro thanked Council for the opportunity to be able to speak this evening. Ms. Goldsboro stated that there are a few documents that she has provided to the staff to be able to review, just to be as transparent as possible. Ms. Goldsboro apologized for my ignorance, she is not used to these kinds of settings, and she said that she will try her best. Ms. Goldsboro, the property owner of 207 North West Street, reviewed a presentation depicting the condition of the property. Ms. Goldsboro stated that the first document that is included, is the deed for the property. Ms. Goldsboro stated that this is a property that she inherited from her late mother. Ms. Goldsboro noted that the process took about 11 to 12 months to get the property solely in her name. Ms. Goldsboro noted that she did attach a copy of the deed that was signed, she believes it was March the 18th or 19th and recorded on April the 1st, so within weeks of her even getting the property, it was considered condemned. Ms. Goldsboro stated that she does want to give the timeframe that she has been working with.

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 12 Ms. Goldsboro stated these were the photos of the interior before anything was done, and then the next is the photos of the interior after. Ms. Goldsboro stated that the place has been completely gutted since then. Ms. Goldsboro stated that the integrity of the building is structurally sound. Ms. Goldsboro noted that next week, she has an appointment with a structural engineer. Ms. Goldsboro stated that they are going to be coming out to look at the property and generate a report. Ms. Goldsboro stated that as she said, I'm trying to be as transparent as possible with you. Ms. Goldsboro stated that she will be able to provide it to the City of Dover Inspections Department, if necessary. Ms. Goldsboro stated that she has an email, so she does have it in writing that they are going to be coming out on August 23rd to go ahead and look at the property. Ms. Goldsboro stated that she has some pictures of the exterior before and after. M.s Goldsboro noted that there was a brush removed, and grass and that Council can see a difference between the two. Ms. Goldsboro noted that the next document is going to be a violation form. Ms. Goldsboro stated that as Mr. Kopp said, there has been intentional damage done to the property but not her fault. Ms. Goldsboro noted that she does not reside here in Delaware. Ms. Goldsboro stated that however, she did go ahead and file a police report for the person that did this damage, and there will be actions taken if they are to go back to the property. Ms. Goldsboro stated that the next document is the insurance policy showing the property is currently insured. Ms. Goldsboro stated she included an equity application that showed the date as March 20th. Ms. Goldsboro noted that immediately upon her going ahead and signing the deed for the property, she completed an application to tap into the equity of the home to be able to make any renovations. Ms. Goldsboro stated that she wanted to show she was approved, had her rate, and everything was in place. Ms. Goldsboro stated that however, once they went out to do their inspection, a couple of weeks later, the damage was done. Ms. Goldsboro stated that it was an issue with the exterior, so they were not able to fund it. Ms. Goldsboro stated that however, her plan remains to do this, she will have to just come out of pocket to take care of anything exteriorly, and the bank will still fund the home equity line of credit. Responding to Mr. Sudler, Ms. Goldsboro stated that she does not live here. Ms. Goldsboro stated that primarily, she is the point of contact. Ms. Goldsboro stated that however, she does have a family friend, Mr. Bruce Ayres who has been a good support and a good point of contact as well. Ms. Goldsboro stated he does not live too far from the property and can take care of anything if anyone needs to get in and look or if Council were to need anyone locally. Mr. Bruce Ayres stated that he is a resident of Dover on North State Street. Mr. Ayres stated that Nicole is a good friend of his daughter's and when she bought this to his attention, he could do some actions immediately, something that wouldn't be in violation, and they did not do anything structurally. Mr. Ayers stated that they went in and cleaned up the property in a matter of a couple of days. Mr. Ayers noted that they went back this past weekend to remove, even more of the debris that is on the fence and cleaned that thing up. Mr. Ayers stated that they had a contractor and that he thinks that Ms. Goldsboro has an estimate of some of the things that can be done to the property.

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 13 Mr. Ayers stated that this is for the external and that it will allow her to seek funding to enhance the property in its totality. Mr. Ayers stated that he thinks it is going to be a nice property. Mr. Ayers stated that they have talked about the location and how the property lines up on that block. Mr. Ayers noted that it is next door to a church, a vibrant business, Teal Construction, across the street, and then you have the former recycle center. Mr. Ayers stated that regarding the property itself, he thinks that if you go past there now versus two weeks ago, they have done quite a bit of stuff. Mr. Ayers stated that Ms. Goldsboro has documents that she has funded and that she has paid for all the debris to be removed. Mr. Ayers stated that he thinks they made about five or six trips to the dump so far and that they gutted the house. Mr. Ayers stated that the house is not gutted, but regarding the stuff that code enforcement has seen, a lot of that stuff has been taken care of. Mr. Ayers stated that it is just unfortunate that Ms. Goldsboro is in this situation, having lost her mother, and then the process of going through this. Mr. Ayers stated that the home is something that he thinks Ms. Goldsboro wants to hold onto, it was her mother's house and her grandfather's house. Responding to Mr. Rocha, Mr. Kopp stated that he went by there this afternoon. Mr. Kopp stated that regarding just the exterior of the property, it was in the same condition as the photos. Mr. Kopp noted that besides some vegetation being removed, it is still in the same condition and the windows are boarded. Mr. Kopp stated that they did not go inside because they did not have a reason to and that it was properly secured. Mr. Kopp noted that the only thing that he did notice was the placards were removed from the door, and they had roped off the staircase due to it being dangerous. Mr. Kopp stated that the barrier that they put up, was just tape, but that it was also removed, so the stairs are now exposed. Responding to Mr. Rocha, Mr. Kopp stated that on several occasions, somebody did enter inside, they did reach out to the homeowner with the police present and she declined prosecution when the person was found inside. Mr. Kopp noted that in addition to that when it came down to the boarding, they reached out to the homeowner, and, they had to pay the cost of boarding because it was not done by the homeowner. Mr. Kopp stated that he wanted to make sure that was put on the record. Responding to Mr. Rocha, Mr. Kopp stated that Mr. Rocha is correct and that they have been in contact with the homeowner, as well as the police because when they would find the occupants inside, the police would contact the homeowner as well because we had her phone number, and we would let her know what was going on with the property. Mr. Kopp stated that they would call Ms. Goldsboro and say "Hey, we are here. This is going on and this is going on." Mr. Kopp noted they have been in constant communication with the homeowner to make her aware of the issues going on with the property, what they are seeing, and what they are concerned with. Responding to Mr. Rocha, Mr. Kopp stated that the homeowner told him she was applying for a line of credit to renovate the building, but that they go by results and not what somebody says. Mr. Kopp stated that unfortunately, in his opinion, nothing was being done on the property.

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 14 Mr. Kopp noted that it was a danger, which is why they took immediate action to correct securing the gas line, securing the water, securing the windows, because there was glass laying everywhere and it was very easy for somebody to get cut just walking by the window. Mr. Kopp stated that is why we took the precautions to correct that, and she was aware of every step that we did. Mr. Kopp stated that they secured the gas, secured the water, secured the windows and that she was aware of that. Responding to Mr. Rocha, Mr. Kopp stated that Mr. Rocha was correct that the cost of securing the building, was not included in the fines that are levied on the PowerPoint. Mr. Kopp stated that he did know at one point it was over about $1,000 to secure the building, which had been removed. Mr. Kopp stated that then they had to call ServPro out again to re-secure the building and that unfortunately, he thinks one of the times it was after hours because we found it so late in the day, so there was the after-hours charge on there. Mr. Kopp noted that regarding the condition of the building, in his opinion, it is not safe for anybody to be in there. Mr. Kopp stated it was in complete disrepair, which is why they took the added precaution to make sure it was secured. Responding to Mr. Rocha, Mr. Kopp stated that nothing has been paid to his knowledge. Mr. Kopp stated that they did reach out to the homeowner and allow her to have it secured. Mr. Kopp stated that they told her they use ServPro because that is whom they were going to call anyway, and that was not paid. Mr. Kopp noted that ended up being invoiced to the city. Mr. Kopp stated that the way the invoices work is that once they get around to sending them, the city will process them and then they will go over to customer service. Mr. Kopp stated that he does not believe she has been billed at this time, because of the way they do it. Mr. Kopp noted that for them as opposed to code enforcement fines, he can just look in there and that for any invoices that we process, we will process and transfer to customer service because it will go on the tax bill. Mr. Kopp stated that he does not think it has been billed at this moment and that it could take a little bit of time to bill. Responding to Mr. Rocha, Mr. Kopp stated that Mr. Rocha is correct in saying that the city followed the standard procedure throughout the whole thing. Responding to Mr. Rocha, Ms. Goldsboro stated that she does want to state that they did not finish going through all the documents that she has. Ms. Goldsboro stated that she did go ahead and include a quote that she has from a contractor to go ahead and get started on the property. Ms. Goldsboro stated that first, I would need to get a City of Dover business license and get a permit. Ms. Goldsboro stated that she could not give the go-ahead on any of that because she will have to get approval from the City to do that, and then they can move forward. Ms. Goldsboro stated that the contractor must get a City of Dover Building Permit, and a business license that can be issued over the counter at the time they applied for the permit. Responding to Mr. Sudler, Ms. Goldsboro stated that the estimate of $36,789, was just for the exterior and that the estimate has line by line all the work that would be done. Ms. Goldsboro stated that she does not have an estimate for the interior and that it was just the exterior that she

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 15 was focusing on it as of right now because she would pay out of pocket for that and then go back to the bank to get the home equity line of credit to go ahead and move forward with the interior. Mr. Hare stated that he has something he has to be at, but that he just wanted to say that he thinks there is a sincere effort here on the part of this young lady to do something. Mr. Hare stated that he would be in favor of maybe tabling this for 60 days and then going to enforcement, bringing it back in 60 days, and then if it needs to come back to see what's going on from there. Mr. Hare made a motion to table this for 60 days and then re-evaluate. Mr. Sudler seconded the motion. Mr. Sudler stated that the motion was properly moved by Councilman Hare to table the underlined item for 60 days, for a review at that time with Code Enforcement and the property owner. Mr. Neil stated that he wants to bring up two points. Mr. Neil stated that when her parents were living there and when she had a tenant there, that gave that community, that part of that street, stability. Mr. Neil stated that if she is going to use this for an investment property, then he is going to state right now that they are watching because she must be able to take care of it. Mr. Neil stated that if this gentleman is going out of his way, then he is going to have the responsibility to make sure that those people there are taking care of the property and taking care of the neighborhood. Mr. Neil stated that it is not part of this discussion, but it is a discussion that they are going to have to have with Council. Mr. Neil stated that the record number of 28 inspections and the number of visits by the police department are paid for by the taxpayers. Mr. Neil stated that she is not paying for that and that he is suggesting that they look at this record and figure out how much it costs for our code inspectors to go out, and how much it costs each time the police must come into a building. Mr. Neil stated that he thinks at that point, we must raise those rates and as we sit in the appeals, and construction appeals, this has been brought up. Mr. Neil stated that it is going to cost money, so make sure that what you are doing is going to be with someone watching over you, because we are going to collect for every time that we must have a code inspector that we pay for, that the taxpayers pay for, go out and do it. Mr. Neil stated that we have too many people who come in and use properties here for investment purposes and do not have the responsibility that they have as members of this Council to maintain the quality of the neighborhoods. Mr. Neil noted that we want that neighborhood, as well as State Street, to be safe properties. Mr. Sudler stated that he would just like to say for the record when the City’s Code Enforcement officers go out, it is paid by the taxpayers. Mr. Sudler stated that he says this because we must have a unified voice on this matter, and they are no different from anyone else who has come before us. Mr. Sudler stated that Ms. Goldsboro has a good plan of action because they are taking notice of what a lot of property owners are not doing. Mr. Sudler stated that we are looking to revitalize and continue to revitalize downtown, Dover. Mr. Sudler noted that for one, he appreciates their sincerity, the presentation, and her effort, and he thinks that she will be successful

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 16 if she has a project manager, and she communicates with code enforcement. Mr. Sudler stated that he thinks the wisest thing to do is to try and establish a healthy relationship, not that she does not, but strengthen it if she does not. Mr. Sudler offered his condolences to Ms. Goldsboro for losing her mother and just good luck and just do the best she can. Mr. Anderson stated that he wants to emphasize the fact that this neighborhood has been greatly revitalized, and this particular property has been the number one source of complaints that he has had in this neighborhood. Mr. Anderson stated that every month when he goes to the neighborhood watch, it is almost the only complaint that is left. Mr. Anderson stated that what he wants to say is that if we go this route because we respect the fact that, unlike the previous discussion, at least in the last month, she has taken substantial efforts, that Code is going to be watching to see if the building permits are pulled because we do not have to wait 60 days if things are not rolling. Mr. Anderson stated that if the building permits are not pulled, we are putting them on the table. Mr. Anderson stated that means we can take it off the table at any time, at any meeting if Council does follow this. Mr. Anderson stated that all he is saying is that he is not trying to be harsh or anything, but he is saying that the neighborhood has been greatly affected by it. Mr. Anderson stated that if you look at the calls in the neighborhood over the last year, something like one in five police calls has been related to that property in the past six months and in that neighborhood. Mr. Anderson noted that they need this moved. Mr. Anderson stated that if she makes the quality decision, they will go with her, and they are going to expect to see substantial results in the next 60 days. Mr. Anderson continued to state that she has to make that decision that she is all in because it would be a shame for her to lose money if she does not follow through and yet have some money in. Mr. Anderson stated that if she is all in, he is willing to trust her, but he has seen people go in, it does not work, they end up with the bill, demolish and they lose money. Mr. Anderson asked Ms. Goldsboro if she was all in. Ms. Goldsboro stated she is all in. Mr. Sudler stated that since she is all in, he provided his contact information to her. Mr. Sudler stated that he does believe that is in the fourth district, as well as Councilman Anderson. Mr. Sudler stated that they both can provide her contact information to assist her as the representative of that district, and Councilman Boggerty. Mr. Sudler stated that he is going to give her his number, (302)- 465-6975. Mr. Sudler noted that he is the fourth district council person, one of three. Mr. Sudler stated that she can give him a call if she has any concerns or if she needs him to walk through any process because he understands that she does not live here, but that they are here to assist her. Mr. Sudler stated that is what they do, they represent our constituents. Mr. Sudler noted that he does not know if Councilman Anderson is willing to give his number at this time. If you like, you may do so at this time, Councilman Anderson, rather by card or by verbal. There being no one else present wishing to speak, Mr. Sudler declared the public hearing closed.

SPECIAL COUNCIL MEETING OF AUGUST 15, 2022 PAGE 17 Mr. Hare moved to table the underlined item for 60 days, for a review at that time with Code Enforcement and the property owner. The motion was seconded by Mr. Sudler and carried by a unanimous roll call vote (Mr. Boggerty and Mr. Taylor were absent). Mr. Sudler moved for adjournment of the Violation of the Dangerous Building Ordinance meeting, hearing no objection, the meeting adjourned at 7:40 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of August 15, 2022, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2022\08-August 2022\08-15-2019 SPECIAL COUNCIL VDBO.docx