Agenda for Regular Meeting

Synopsis: This Ordinance is being presented by City Council for Council’s review and approval. This Ordinance amends Chapter 40 of the City Code by adding Section 40-63 which codifies the revised Pre-Employment Drug Testing policy. This Ordinance eliminates pre-employment drug screening for candidates for employment with the City in non-safety sensitive positions.

Synopsis: This Ordinance is being presented by City Council for Council’s review and approval. This Ordinance prohibits the outdoor advertising of alcohol and tobacco products.

Synopsis: This Resolution is being presented by City Council for Council’s review and approval. The Wilmington City Council strongly encourages the Delaware General Assembly to support Senate Bill 149, taking the necessary steps towards increasing transparency, accountability and trust, and allow public access to police officer records which are in line with other professional fields.

Synopsis: This Ordinance is being presented by the Administration for Council’s review and approval. This Ordinance authorizes the execution of Contract 22011PW “Gasoline/Heating Oil/Diesel Fuel” between the City of Wilmington and James River Solutions for the period of July 1, 2021 through June 30, 2022, at an estimated price of Nine Hundred Ninety-Eight Thousand, Five Hundred Fifty- Eight Dollars and Fifty Cents ($998,558.50), with the possibility of two (2) extensions of one (1) year thereafter with the same terms and conditions, at the option of the City.

Synopsis: This Ordinance is being presented by the Administration for Council’s review and approval. This Ordinance rezones the parcel of land located at 3001 Bowers Street within the block generally bounded by Todd’s Lane, Bowers and Claymont Streets, and the City’s northern boundary (being Tax Parcel No. 26-030.00-030) from a zoning classification of M-1 (Light Manufacturing) to a zoning classification of R-3 (One-Family Row Houses).

Synopsis: This Ordinance is being presented by the Administration for Council’s review and approval. This Ordinance authorizes the removal of Mendenhall Court from the Official City Map.

Synopsis: This Resolution is being presented by the Administration for Council’s review and approval. This Resolution schedules a public hearing on July 1, 2021 at 6:30 p.m. regarding the proposed amendments to the City’s comprehensive development plan entitled “Wilmington 2028: A Comprehensive Plan for Our City and Communities”. Due to the outbreak of the COVID-19 virus, this public hearing will be conducted virtually to maintain social distancing and to keep all constituents safe. The instructions to access the public hearing will be included on the agenda for the July 1, 2021 Council meeting.

Synopsis: This Resolution is being presented by the Administration for Council’s review and approval. This Resolution schedules a public hearing on July 1, 2021 at 6:30 p.m. regarding the proposed rezoning of 3001 Bowers Street, Wilmington, Delaware (being Tax Parcel No. 26-030.00-030) from a zoning classification of M-1 (Light Manufacturing) to a zoning classification of R-3 (One-Family Row Houses). Due to the outbreak of the COVID-19 virus, this public hearing will be conducted virtually to maintain social distancing and to keep all constituents safe. The instructions to access the public hearing will be included on the agenda for the July 1, 2021 Council meeting.

Synopsis: This Resolution is being presented by the Administration for Council’s review and approval. This Resolution approves the Third Amendment to a License Agreement between the City and New Cingular Wireless PCS, LLC (“New Cingular”), to permit New Cingular to continue to operate and maintain communications antennas and related equipment on and about the City’s water tower located at or near New Castle Avenue, Route 9, Wilmington, Delaware 19720, sometimes referred to as Paper Place. The Third Amendment will: (1) extend the term of the License Agreement for three (3) additional terms of five (5) years each commencing on December 9, 2021 at the option of New Cingular; and (2) increase the license fee payable by New Cingular to the City under the License Agreement to $48,380.88 annually for the year commencing on December 9, 2021, with an increase of three percent (3%) annually for each year thereafter.

Synopsis: This Resolution is being presented by the Administration for Council’s review and approval. This Resolution authorizes the Department of Public Works to grant Delmarva Power & Light Company a certain utility easement in connection with Delmarva’s installation, operation, maintenance, and/or removal of a pad- mounted transformer to serve the Brandywine Zoo’s future quarantine facility.

Synopsis: This Ordinance is being presented by the Administration for Council’s review and approval. This Ordinance authorizes the execution of an Agreement between the City of Wilmington and PMA Management Corporation (“PMA”). PMA will provide third party claim administrative services to the City for a period of one (1) year, with three available extensions of one year each by mutual consent of the parties. The City will pay PMA a fee of $206,250, allocated and billed separately as $90,750 for workers compensation, and $115,500 for claims other than workers compensation, for the first year of this Agreement. For the second through fourth years, if extensions occur, the City will pay PMA a fee of $212,035, allocated and billed separately as $93,475 for workers compensation claims, and $118,560 for claims other than workers compensation.

Synopsis: This Ordinance is being presented by the Administration for Council’s review and approval. This Ordinance amends Chapters 2, 39, and 40 of the City Code to change the position of City physician to City medical provider to allow the City flexibility in hiring appropriate medical professionals to provide medical services for City employee cases in light of the changing medical profession. The position of City medical provider shall be filled a duly licensed medical doctor or a medical provider who is certified by the State of Delaware to conduct a medical practice independent of a medical doctor. Finally, as a housekeeping matter, this Ordinance deletes unutilized provisions in Sections 40-137 and 40-298 of the City Code.

Synopsis: This Ordinance is being presented by the Administration for Council’s review and
approval. This Ordinance authorizes the execution of an agreement between the City of Wilmington and Jackie Joe Lindo, DPN, APRN, FNP-C for medical provider services.

Synopsis: This Resolution is being presented by the Administration for Council’s review and approval. This Resolution approves the City’s receipt of $55,345,780.00 in Fiscal Recovery Funds from the Coronavirus Local Fiscal Recovery Fund created by the United States government through the American Rescue Plan Act, authorizes the City to use the funds in accordance with Section 603(c)(1) of the amended Title VI of the Social Security Act, and establishes certain notice and reporting requirements regarding the use of the funds.

Synopsis: This Ordinance is being presented by City Council for Council’s review and approval. This Ordinance amends Chapter 34 of the City Code to change the time to appeal violations related to rental dwelling units from 20 calendar days from the date of the violation notice to 20 calendar days from the date the civil fine is assessed. This Ordinance expressly permits the appellant to raise arguments on appeal related to 1) the violation notice; 2) the adequacy of any repairs undertaken in response to the notice; and 3) the assessment of the civil fine. This Ordinance also provides that civil fines will be due 30 days from the date of assessment in order to provide a person sufficient time to file his or her appeal. Lastly, this Ordinance makes clear that while an appeal is pending, further enforcement action, payment of the civil fine and the assessment of any additional civil fines related to the notice under appeal are stayed.

Synopsis: This Resolution is being presented by City Council for Council’s review and approval. This Resolution establishes a Healthy Aging Subcommittee and serves as a subcommittee to the Health, Aging & Disabilities Committee.

Synopsis: This Ordinance being presented by City Council for Council’s review and approval. This Ordinance amends the City Code to prohibit the City Police Department from establishing ticket and arrest quotas.

Synopsis: This Resolution is being presented by the Administration for Council’s review and approval. This Resolution authorizes the Wilmington Police Department’s grant application to the State of Delaware Special Law Enforcement Assistance Program in the total amount of $123,000. The proposed grant funds would be used to: (1) replace two (2) Unmanned Aerial Vehicles; (2) upgrade a vehicle in the Police Department’s fleet capable of transporting Unmanned Aerial Vehicles; (3) upgrade X-Ray equipment used by the Police Department’s Explosive Ordnance Disposal team; and (4) replace existing radar units used in connection with traffic and speed enforcement. No local matching funds are required.

Synopsis: This Ordinance is being presented by the Administration for Council’s review and approval. This Ordinance authorizes the execution of Contract 22009PD “Police Clothing” between the City of Wilmington and Graves Uniforms, LLC for the period from July 1, 2021 through June 30, 2022, at an estimated price of Ninety- Nine Thousand, Thirty-Eight Dollars and Fifty Cents ($99,038.50), with the possibility of two (2) extensions of one (1) year thereafter with the same terms and conditions, at the option of the City.

Synopsis: This Ordinance is being presented by the Administration for Council’s review and approval. This Ordinance authorizes the execution of an agreement between the City of Wilmington and Axon Enterprise, Inc. to purchase tasers and related services for the Wilmington Police Department (the “Agreement”). The Agreement is for a period of five (5) years commencing in conjunction with the shipment of the tasers from Axon to the City, at a total estimated price of One Million, Forty-Three Thousand, Four Hundred Sixty-Five Dollars and Twelve Cents ($1,043,465.12), payment of which will be divided over the term of the Agreement.