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Page 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
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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.
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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).
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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
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Exhibits
Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 304 South State Street
Page 5
EXHIBIT #1
Special Council Meeting of 11/5/2019
DANGEROUS BUILDING
304 S. STATE ST.
City of Dover Planning & Inspections
Department
November 5, 2019
Page 6
◦ 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.
Page 7
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.
Page 8
◦ 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.
Page 9
◦ (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.
Page 10
◦ 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).
Page 11
FRONT OF THE
BUILDING
Damage to the overhang and an area
where the brick collapsed on the
second floor.
Page 12
Front of the
Building
◦ Damage to the overhang
and an area where the brick
collapsed on the second floor.
Page 13
Front of the
Building
◦ Damage to the overhang
and an area where the brick
collapsed on the second floor.
Page 14
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).
Page 15
Front of the
Building
◦ Damage to the overhang
and an area where the brick
collapsed on the second floor.
Page 16
CONDEMNED PLACARD
10/20/19
Page 17
10/31/19 PHOTOGRAPHS
State St. looking South
Page 18
FRONT OF
THE
BUILDING
10/31/19
Page 19
FRONT OF THE BUILDING
10/31/19 Large crack above third floor at the parapet wall.
Page 20
Front of the Building Above third Floor at
Parapet Wall 10/31/19
Left side, cracking and bowing Right side cracking and bowing
Page 21
◦ 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