February 4, 2016 Wilmington City Council
»
Public Comment - Public Comment
Public Comment

»
Item I - Call to Order
Invocation
Pledge of Allegiance
Roll Call
Item I

Invocation
Pledge of Allegiance
Roll Call
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Item II - Approval of Minutes
Item II

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Item III - Committee Reports
Item III

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Item IV - Acceptance of Treasurer’s Report
Item IV

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Item V - Non-Legislative Business
All Council Recognize February as Black History Month
All Council Retirement Carolyn Martin-Pettyway
All Council Recognize 1996 Howard High School Basketball Champ - 20th Anniversary
Freel Retirement Lorraine D. Ignudo
Wright Recognize Alpha Kappa Alpha Sorority, Inc. Founders’ Day
Item V

All Council Recognize February as Black History Month
All Council Retirement Carolyn Martin-Pettyway
All Council Recognize 1996 Howard High School Basketball Champ - 20th Anniversary
Freel Retirement Lorraine D. Ignudo
Wright Recognize Alpha Kappa Alpha Sorority, Inc. Founders’ Day
»
Item VI - Legislative Business
CONGO
#4155 A Resolution Scheduling a Public Hearing on the Proposed Amendments to the
Baynard Boulevard/Concord Avenue Neighborhood Comprehensive Development
Plan on March 3, 2016
Synopsis: This Resolution is being presented by the Administration for City Council’s review
and approval. If approved, Council would be directing that a public hearing be held regarding
amendments to the Baynard Boulevard/Concord Avenue Neighborhood Comprehensive
Development Plan that were approved by the City Planning Commission at its December 15,
2015 meeting. The public hearing on the amendments would be held during the scheduled 6:30
p.m. City Council meeting of March 3, 2016. The public hearing will allow the public to voice
opinions regarding the proposed amendments to the neighborhood plan.
#4156 A Resolution Scheduling a Public Hearing on the Proposed Rezoning of the Property
Being the Former Cathedral Church of St. John (Ordinance No. 16-003) on March 3,
2016
Synopsis: This Resolution is being presented by the Administration for City Council’s review and
approval. If approved, Council would be directing that a public hearing be held regarding proposed
amendments to Chapter 48 of the City Code related to zoning classifications for the former
Cathedral Church of St. John property which is located in the 2000 block of Market Street. Zoning
amendments for the property were approved by the City Planning Commission at its December 15,
2015 meeting and were introduced before City Council on January 21, 2016. The public hearing will
allow the public to voice opinions regarding the rezoning of the property.
D. BROWN
#4157 A Resolution Authorizing the Department of Real Estate and Housing on two
Housing and Urban Development (HUD) Grant, Promise Zone Designation Grant
Synopsis: This Resolution is being presented by the Administration for City Council’s review and
approval. If approved, Council would be authorizing the Administration, through the Department of
Real Estate and Housing, to apply to the Federal government for the designation of a “Promise
Zone” area in Wilmington which could result in Federal government investments to create jobs,
leverage private investment, increase economic activity, expand educational opportunities and
reduce violent crime. Businesses that hire residents who live in the area of the City that is designated
as a Promise Zone would be eligible to receive tax incentives. The Promise Zone program was
originally proposed by President Obama during his 2013 State of the Union Address.
#4158 A Resolution Authorizing the Acquisition of 201 Vandever Avenue from Roxbury,
LLC
Synopsis: This Resolution is being presented by the Administration for City Council’s review and
approval. If approved, Council would be authorizing the Administration, through the Department of
Real Estate and Housing, to purchase a property at 201 Vandever Avenue from Roxbury LLC for
$650,000.
GREGORY (D. BROWN presenting on behalf of Gregory)
#4141 Ord. 15-058 Amend Chapter 2 of the City Code Regarding the Capital Review
Committee (3rd & Final Reading)
Synopsis: This Ordinance is being presented by City Council for Council’s review and approval. If
approved, Council would be authorizing the establishment of a Capital Review Committee in City
Code to improve the management of the City’s capital program and budget. Because capital
expenditures can be significant, the Council would be supporting more transparency and monitoring
of capital expenditures and acquisitions by mandating quarterly public reviews of capital projects
with an accompanying quarterly report presented to Council for its review. This action by Council
would codify a capital review process that has been guided largely up to this point through policy
decisions and actions.
SHABAZZ
#4142 Ord. 15-059 Authorize City Contract 16011WD – Water Distribution System
Maintenance – with Brandywine Construction Co., Inc. (3rd &
Final Reading)
Synopsis: This Ordinance is being presented by the Administration for City Council’s review
and approval. If approved, Council would be authorizing the City, through the Department of
Public Works, to enter into a one-year contract beginning July 1, 2015 with Brandywine
Construction Company for maintenance of the City’s water distribution system. The contract,
totaling $3 million, has two, one-year extensions at the sole discretion of the City subject to an
escalation clause not to exceed 2% of the original control. This contract was awarded by the
City as part of a public bidding process.
GREGORY (SHABAZZ presenting on behalf of Gregory)
Rev. 1
#4135 Sub. 1 Ord. 15-057 Amend Chapter 37 of the City Code Regarding Outstanding and
Overdue Citations (3rd & Final Reading)
Synopsis: This Ordinance is being presented by City Council for Council’s review and approval. If
approved, Council would be codifying a current City policy that governs when vehicles may be
immobilized or towed by the City because of non-payment of a citation or fine. Specifically, Council
would be amending Chapter 37 of the City Code to direct that an unpaid fine will not be considered
towards boot eligibility until the appeal period for that citation or fine has expired. The Ordinance
would make certain in law that because a citizen has an option to either appeal or pay the fine
during an active appeal period, or to challenge the citation on appeal, that particular unpaid fine
should not be counted toward eligibility for vehicle immobilization or towing.
FREEL
#4151 Ord. 16-006 Authorize the Annual Reconciliation of Accounts by Transferring
Funds to Various Offices and Departments in the City of
Wilmington to Fulfill Obligations for the Remainder of Fiscal Year
2015 (3rd & Final Reading)
Synopsis: This Ordinance is being presented by the Administration for Council’s review and
approval. If approved, Council would be authorizing, based on information from the City’s Finance
Director, the transfer of funds among City departments and offices as part of the City’s annual
reconciliation of accounts for Fiscal Year 2015. The purpose of the annual reconciliation ordinance
is to review transfers that were necessitated during the course of a fiscal year which has ended.
These transfers, however, were not separately approved through amendments to the annual
operating budget ordinance for that particular fiscal year. These types of reconciliation transfers are
carried out annually to ensure that all government department accounts are properly balanced for a
fiscal year.
#4159 An Ordinance to Ratify and Authorize an Agreement with Belfint, Lyons &
Shuman, P.A., for the Conduct of the CAFR and Federal Funds Audits for Fiscal
Years 2015, 2016 and 2017 (1st & 2nd Reading)
Synopsis: This Ordinance is being presented by the Administration for City Council’s review and
approval. If approved, Council would be authorizing the Administration to enter into an agreement
with the auditing firm of Belfint, Lyons & Shuman, P.A., to provide an annual audit of all City
government departments, as required by the City Charter, for Fiscal Years 2015, 2016, and 2017
The estimated cost of each annual City government audit is estimated to be $185,000. The agreement
also allows for the possibility to two, one-year extensions of the contract by mutual agreement of the
City and auditing firm. Belfint, Lyons & Shuman, P.A. was awarded the audit contract as the result
of a public request for proposals.
#4160 An Ordinance to Amend Chapter 3 of the Wilmington City Code Relating to the Feeding
of Wild Animals and Waterfowl (1st & 2nd Reading)
Synopsis: This Ordinance is being presented by City Council for Council’s review and approval. If
approved, Council would be authorizing changes to Chapter 3 of the City Code related to the feeding
of wild animals and waterfowl. The Ordinance would prohibit the feeding of pigeons, waterfowl, sea
gulls and wild animals in order to prevent public nuisances and to protect the species. The
legislation notes that feeding pigeons, waterfowl and sea gulls the birds to congregate resulting in
an accumulation of feces or droppings which in turn increases the potential for damage to public
property, water quality problems and the spread of disease to residents. The Ordinance also notes
that feeding waterfowl may interrupt normal migration patterns, cause nutritional problems and
promote the spread of bird diseases.
CABRERA
#4153 Ord. 16-007 Amend Chapter 4 of the City Code Regarding Amendments to the
International Mechanical Code of 2012 (3rd & Final Reading)
Synopsis: This Ordinance is being presented by the Administration for City Council’s review and
approval. If approved, Council would be authorizing an amendment to the City Code, Chapter 4,
Section 4-81, to correct errors that were intended to be part of the original amendments to the
International Mechanical Code of 2012. Specifically, the Ordinance would remove a duplicate
provision related to return air in commercial or residential buildings and make minor modifications
to the remaining provision.
#4161 A Resolution Calling Upon the United States Congress and the President to
Develop a Comprehensive Plan to Address the Humanitarian and Fiscal Crisis
Facing Puerto Rico
Synopsis: This Resolution is being presented by City Council for Council’s review and approval. If
approved, Council would be urging President Obama and the United States Congress to provide
Puerto Rico with the tools needed to recover from an estimated debt of $72 billion in order stabilize
the island economically. Among the steps requested of the President and Congress through this
Resolution, are restructuring the island’s debt incorporating both bankruptcy and debt restricting
provisions, new tax policies that foster diverse and living wage job creation and health care equity
provisions. If approved, Wilmington would join the larger Puerto Rican population centers of
Philadelphia, Cleveland, New York, Orlando and the State of New Jersey in calling for immediate
action by the Federal government to assist Puerto Rico.
Item VI

CONGO
#4155 A Resolution Scheduling a Public Hearing on the Proposed Amendments to the
Baynard Boulevard/Concord Avenue Neighborhood Comprehensive Development
Plan on March 3, 2016
Synopsis: This Resolution is being presented by the Administration for City Council’s review
and approval. If approved, Council would be directing that a public hearing be held regarding
amendments to the Baynard Boulevard/Concord Avenue Neighborhood Comprehensive
Development Plan that were approved by the City Planning Commission at its December 15,
2015 meeting. The public hearing on the amendments would be held during the scheduled 6:30
p.m. City Council meeting of March 3, 2016. The public hearing will allow the public to voice
opinions regarding the proposed amendments to the neighborhood plan.
#4156 A Resolution Scheduling a Public Hearing on the Proposed Rezoning of the Property
Being the Former Cathedral Church of St. John (Ordinance No. 16-003) on March 3,
2016
Synopsis: This Resolution is being presented by the Administration for City Council’s review and
approval. If approved, Council would be directing that a public hearing be held regarding proposed
amendments to Chapter 48 of the City Code related to zoning classifications for the former
Cathedral Church of St. John property which is located in the 2000 block of Market Street. Zoning
amendments for the property were approved by the City Planning Commission at its December 15,
2015 meeting and were introduced before City Council on January 21, 2016. The public hearing will
allow the public to voice opinions regarding the rezoning of the property.
D. BROWN
#4157 A Resolution Authorizing the Department of Real Estate and Housing on two
Housing and Urban Development (HUD) Grant, Promise Zone Designation Grant
Synopsis: This Resolution is being presented by the Administration for City Council’s review and
approval. If approved, Council would be authorizing the Administration, through the Department of
Real Estate and Housing, to apply to the Federal government for the designation of a “Promise
Zone” area in Wilmington which could result in Federal government investments to create jobs,
leverage private investment, increase economic activity, expand educational opportunities and
reduce violent crime. Businesses that hire residents who live in the area of the City that is designated
as a Promise Zone would be eligible to receive tax incentives. The Promise Zone program was
originally proposed by President Obama during his 2013 State of the Union Address.
#4158 A Resolution Authorizing the Acquisition of 201 Vandever Avenue from Roxbury,
LLC
Synopsis: This Resolution is being presented by the Administration for City Council’s review and
approval. If approved, Council would be authorizing the Administration, through the Department of
Real Estate and Housing, to purchase a property at 201 Vandever Avenue from Roxbury LLC for
$650,000.
GREGORY (D. BROWN presenting on behalf of Gregory)
#4141 Ord. 15-058 Amend Chapter 2 of the City Code Regarding the Capital Review
Committee (3rd & Final Reading)
Synopsis: This Ordinance is being presented by City Council for Council’s review and approval. If
approved, Council would be authorizing the establishment of a Capital Review Committee in City
Code to improve the management of the City’s capital program and budget. Because capital
expenditures can be significant, the Council would be supporting more transparency and monitoring
of capital expenditures and acquisitions by mandating quarterly public reviews of capital projects
with an accompanying quarterly report presented to Council for its review. This action by Council
would codify a capital review process that has been guided largely up to this point through policy
decisions and actions.
SHABAZZ
#4142 Ord. 15-059 Authorize City Contract 16011WD – Water Distribution System
Maintenance – with Brandywine Construction Co., Inc. (3rd &
Final Reading)
Synopsis: This Ordinance is being presented by the Administration for City Council’s review
and approval. If approved, Council would be authorizing the City, through the Department of
Public Works, to enter into a one-year contract beginning July 1, 2015 with Brandywine
Construction Company for maintenance of the City’s water distribution system. The contract,
totaling $3 million, has two, one-year extensions at the sole discretion of the City subject to an
escalation clause not to exceed 2% of the original control. This contract was awarded by the
City as part of a public bidding process.
GREGORY (SHABAZZ presenting on behalf of Gregory)
Rev. 1
#4135 Sub. 1 Ord. 15-057 Amend Chapter 37 of the City Code Regarding Outstanding and
Overdue Citations (3rd & Final Reading)
Synopsis: This Ordinance is being presented by City Council for Council’s review and approval. If
approved, Council would be codifying a current City policy that governs when vehicles may be
immobilized or towed by the City because of non-payment of a citation or fine. Specifically, Council
would be amending Chapter 37 of the City Code to direct that an unpaid fine will not be considered
towards boot eligibility until the appeal period for that citation or fine has expired. The Ordinance
would make certain in law that because a citizen has an option to either appeal or pay the fine
during an active appeal period, or to challenge the citation on appeal, that particular unpaid fine
should not be counted toward eligibility for vehicle immobilization or towing.
FREEL
#4151 Ord. 16-006 Authorize the Annual Reconciliation of Accounts by Transferring
Funds to Various Offices and Departments in the City of
Wilmington to Fulfill Obligations for the Remainder of Fiscal Year
2015 (3rd & Final Reading)
Synopsis: This Ordinance is being presented by the Administration for Council’s review and
approval. If approved, Council would be authorizing, based on information from the City’s Finance
Director, the transfer of funds among City departments and offices as part of the City’s annual
reconciliation of accounts for Fiscal Year 2015. The purpose of the annual reconciliation ordinance
is to review transfers that were necessitated during the course of a fiscal year which has ended.
These transfers, however, were not separately approved through amendments to the annual
operating budget ordinance for that particular fiscal year. These types of reconciliation transfers are
carried out annually to ensure that all government department accounts are properly balanced for a
fiscal year.
#4159 An Ordinance to Ratify and Authorize an Agreement with Belfint, Lyons &
Shuman, P.A., for the Conduct of the CAFR and Federal Funds Audits for Fiscal
Years 2015, 2016 and 2017 (1st & 2nd Reading)
Synopsis: This Ordinance is being presented by the Administration for City Council’s review and
approval. If approved, Council would be authorizing the Administration to enter into an agreement
with the auditing firm of Belfint, Lyons & Shuman, P.A., to provide an annual audit of all City
government departments, as required by the City Charter, for Fiscal Years 2015, 2016, and 2017
The estimated cost of each annual City government audit is estimated to be $185,000. The agreement
also allows for the possibility to two, one-year extensions of the contract by mutual agreement of the
City and auditing firm. Belfint, Lyons & Shuman, P.A. was awarded the audit contract as the result
of a public request for proposals.
#4160 An Ordinance to Amend Chapter 3 of the Wilmington City Code Relating to the Feeding
of Wild Animals and Waterfowl (1st & 2nd Reading)
Synopsis: This Ordinance is being presented by City Council for Council’s review and approval. If
approved, Council would be authorizing changes to Chapter 3 of the City Code related to the feeding
of wild animals and waterfowl. The Ordinance would prohibit the feeding of pigeons, waterfowl, sea
gulls and wild animals in order to prevent public nuisances and to protect the species. The
legislation notes that feeding pigeons, waterfowl and sea gulls the birds to congregate resulting in
an accumulation of feces or droppings which in turn increases the potential for damage to public
property, water quality problems and the spread of disease to residents. The Ordinance also notes
that feeding waterfowl may interrupt normal migration patterns, cause nutritional problems and
promote the spread of bird diseases.
CABRERA
#4153 Ord. 16-007 Amend Chapter 4 of the City Code Regarding Amendments to the
International Mechanical Code of 2012 (3rd & Final Reading)
Synopsis: This Ordinance is being presented by the Administration for City Council’s review and
approval. If approved, Council would be authorizing an amendment to the City Code, Chapter 4,
Section 4-81, to correct errors that were intended to be part of the original amendments to the
International Mechanical Code of 2012. Specifically, the Ordinance would remove a duplicate
provision related to return air in commercial or residential buildings and make minor modifications
to the remaining provision.
#4161 A Resolution Calling Upon the United States Congress and the President to
Develop a Comprehensive Plan to Address the Humanitarian and Fiscal Crisis
Facing Puerto Rico
Synopsis: This Resolution is being presented by City Council for Council’s review and approval. If
approved, Council would be urging President Obama and the United States Congress to provide
Puerto Rico with the tools needed to recover from an estimated debt of $72 billion in order stabilize
the island economically. Among the steps requested of the President and Congress through this
Resolution, are restructuring the island’s debt incorporating both bankruptcy and debt restricting
provisions, new tax policies that foster diverse and living wage job creation and health care equity
provisions. If approved, Wilmington would join the larger Puerto Rican population centers of
Philadelphia, Cleveland, New York, Orlando and the State of New Jersey in calling for immediate
action by the Federal government to assist Puerto Rico.
»
Items VII & VIII - VII. Petitions and Communications
VIII. Adjournment
Items VII & VIII

VIII. Adjournment
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