Regular Meeting of Wilmington City Council

Thursday, June 19, 2014 at 6:30 p.m.

Council Chambers
Louis L. Redding City/County Building
800 North French Street, Wilmington, Delaware 19801

AGENDA

  1. Call to Order
    Invocation
    Pledge of Allegiance
    Roll Call
  2. Approval of Minutes
  3. Committee Reports
  4. Acceptance of Treasurer's Report

5. Non-legislative Business

All Council Sympathy Valerie M. McCoy
All Council Congratulate David Karas
Chukwuocha Recognize Dr. Marlene A. Saunders
Gregory Retirement Patricia A. Brown
Gregory Sympathy Elizabeth Wootten
Gregory Recognize Clarence Banks of Delaware State University
Shabazz Commend Wilmington Housing Authority
Shabazz Commend Westin Hotel
Shabazz Commend Dr. Harry L. Williams
Freel Recognize Barbara Blair
M. Brown Sympathy Cameron Alexander Wildman
Cabrera Recognize Habana Sax
Wright Commend The National Sorority of Phi Delta Kappa, Inc., Rho Chapter

6. Legislative Business

Nnamdi O. Chukwuocha: 1st District

Agenda #3923
Ordinance 14-021
Enacted but not codified
Amend Chapter 13 of the City Code Regarding the Use of Clothing Donation Bins
Synopsis This Ordinance is being presented by City Council for Council’s review and approval. If approved, Council would be authorizing changes to Chapter 13 of the City Code regarding the placement of clothing donation bins anywhere in the City by individuals, businesses or other organizations. The Ordinance seeks to eliminate situations in which bins are being placed on properties without the property owners’ permission and situations in which the bins are overflowing, are not being collected in a timely manner by a responsible party and thus becoming a eyesore for the community. The Ordinance would make it unlawful for a clothing donation bin to be placed anywhere in Wilmington without a $25.00 per bin annual permit being obtained from the Department of Licenses and Inspections (L&I). Permits may then be renewed annually for a fee of $25.00 barring any violations of the law by the person or entity placing the bin on a property. Violators of the revised law would be issued a citation by the L&I Department with fines ranging from $250 for an initial court conviction to $5,000 for subsequent court convictions of the same violation.
Agenda #3940
Resolution 14-022
Adopted
Approving the Acceptance and use of State Grant Funds Received by the City of Wilmington from the State of Delaware Department of Labor for the Summer Youth Employment Program for the Period of June 16, 2014 through August 22, 2014
Synopsis This Resolution is being presented by City Council for Council’s review and approval. If approved, Council would be authorizing the Department of Parks and Recreation to accept a $342,100 grant from the Delaware Department of Labor to pay the wages of youths who are employed as part of the City’s Summer Youth Employment Program from June 16 through August 22, 2014. This funding will enable the City to employ approximately 273 youths.
Agenda #3941
Resolution 14-023
Adopted
Approving the Acceptance and Use of Federal Grant Funds Received by the City of Wilmington from the State of Delaware for the Summer Food Service Program for the Period of June 16, 2014 through August 29, 2014
Synopsis This Resolution is being presented by the Administration for Council’s review and approval. If approved, Council would be authorizing the Parks and Recreation Department to accept a $526,000 federal grant administered through the Delaware Department of Education to fund the Summer Food Service Program. This program would be available to youths who are involved in both City and non-City managed summer youth programs. There is no financial impact on the City by the acceptance of this grant.

Darius J. Brown: 3rd District

Agenda #3942
Resolution 14-024
Adopted
Respectfully Urging the Congressional Delegation to Move Forward with Reauthorizing the Carl D. Perkins Career and Technical Education Act (Perkins Act), which will Help Better Serve Both Workers and Employers by Focusing on Areas Where Improvements Can Be Made to Current Law, Building Upon its Past Successes and Enhancing Aspects of the Perkins Act
Synopsis This Resolution is being presented by City Council for Council’s review and approval. If approved, Council would be urging the U. S. Congress to reauthorize the Carl D. Perkins Career and Technical Education Act which supports technical and career training (CTE) programs throughout the United States. Council would be also be supporting the efforts of a non-profit, bi-partisan group called Opportunity Nation which has joined with 200 companies around the nation to support the reauthorization of the law and to support the premise that CTE programs are key to overcoming the skills gap thus providing greater opportunities for America’s youths and adults to gain meaningful employment.
Agenda #3943
Ordinance 14-024
Referred to Committee
Amend Chapter 37 of the City Code to Provide Limited Parking for Patrons of Certain Non-Profit Organizations
Synopsis This Ordinance is being presented by City Council for Council’s review and approval. If approved, Council would be authorizing changes to Chapter 37 of the City Code by adding a section creating a parking permit program for certain non-profit organizations that are located only in the City’s 4th and 5th Council Districts. Under the terms of the Ordinance, certain non-profits would be eligible to receive no more than four permits to be used by patrons of eligible non-profits. The permits would be administered by the Department of Finance. Non-profits seeking such permits would be required to demonstrate that no contiguous off-street parking is available for patrons. Organizations seeking such a permit would also be required to obtain a petition in support of its request from 80% of the residents and/or business owners on the block in which the non-profit is located. The program would be reviewed for effectiveness by the Department of Public Works at the end of one year of operation.

Hanifa G.N. Shabazz: 4th District

Agenda #3938
Ordinance 14-025
Enacted but not codified
Authorize an Agreement between the City and the Kent County Society for the Prevention of Cruelty to Animals a/k/a First State Animal Center and SPCA for Animal Control Services
Synopsis This Ordinance is being presented by the Administration for City Council’s review and approval. If approved, Council would be authorizing a one-year contract (with the possibility of two, one-year extensions with the same terms and conditions) for animal control services for the City. The City would pay the Kent County SPCA, also known as First State Animal Center and SPCA, a sum not to exceed $600,000 per year (or $50,000 per month) for animal control and related services as outlined in the contract attached to the Ordinance. The agreement would begin on July 1, 2014 if approved by City Council.

Robert A. Williams: 7th District

Agenda #3919
Ordinance 14-017
Enacted but not codified
Amend Chapter 11 of the City Code Regarding Noise Control and Abatement
Synopsis This Ordinance is being presented by City Council for Council’s review and approval. If approved, the Ordinance would be authorizing new language to the City’s existing noise control and abatement law to prohibit excessive noise coming from within a dwelling. Specifically, the new language would prohibit citizens from yelling, shouting, hooting, whistling or otherwise making or generating any loud or raucous sound within a dwelling or structure that is plainly audible across real property, through common property partitions, or audible at a distance of 50 feet or more from the property boundary. The revision to the law would apply if any loud or raucous sound unreasonably annoys or disturbs persons of normal sensitivities who live or are located on adjacent parcels or in adjacent dwelling units.
Revision 1 to Agenda #3944
Ordinance 14-028
Referred to Committee
Enact Certain Traffic/Parking Regulations at Specific Locations in the City
Synopsis This Ordinance is being presented by the Administration and City Council for Council’s review and approval. If approved, Council would be authorizing the Department of Public Works to make changes in traffic and parking regulations affecting certain streets in the City. Streets affected by this Ordinance include portions of the following roadways: West 17th Street, West 6th Street, North Scott Street, West 3rd Street, West 4th Street and King Street. Additional details about this Ordinance are available at www.WilmingtonDE.gov/government/ccagenda.
Agenda #3945
Ordinance 14-029
Referred to Committee
Amend Chapter 36 of the City Code to Add a New Article X, “Smoking Prohibited in Parks, Playgrounds and Transit Facilities”, and Amend Chapter 38, Article II of the City Code by Adding a New Section, “Smoking Prohibited”, and Amend Chapter 36 by Deleting Article VIII, “Smoking in Public Places and Places of Employment
Synopsis This Ordinance is being presented by City Council for Council’s review and approval. If approved, Council would be authorizing changes to Chapter 36 of the City Code related to prohibitions against smoking in parks, playgrounds, public plazas and transit facilities. Persons smoking in publicly-owned outdoor areas open to the public are subject to a misdemeanor citation and a $50 fine for the first offense, a $90 fine for a second violation within three months of the first violation and a $100 fine for all subsequent violations. Warnings may be issued to those violating the anti-smoking laws by employees of the Parks and Recreation Department, State Division of Parks, Downtown Visions or DART Transportation Corporation. The Ordinance also stipulates that no person shall receive a citation or fine unless smoking prohibition signage that is readily visible to the public are posted at the entrances to areas where smoking is prohibited. The intent of this proposed law is to protect non-smokers from involuntary exposure to environmental tobacco use.

Michael A. Brown, Sr.: At-Large

Agenda #3946
Resolution 14-025
Adopted
Approve the Disposition and Transfer of a Surplus City-owned Lawn Mower to the Friends of Mt. Zion Cemetery
Synopsis This Resolution is being presented by City Council for Council’s review and approval. If approved, Council would be authorizing the Parks and Recreation Director and the Manager of the Division of Procurement to transfer the title of a lawn mower which has been declared as surplus by the City to the non-profit Friends of Mt. Zion Cemetery. Officials of the non-profit, who along with volunteers, maintain the Mt. Zion and Mt. Olive cemeteries have requested that the City donate the 2009 Toro Groundmaster 7200 lawn mower to the organization.
  1. Petitions and Communications
  2. Adjournment