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Dayl Thomas for Wilmington City Council District 7

Libertarian ready to serve you!

My opponent's voting record.

Here is my opponent's voting record. Nothing fancy, just the facts. If you don't like what you see, please vote for me. Thank you!

 

October 2019

Resolution No. 19-052 Voted to recommend that the state ban e cigarettes and raise the age to buy tobacco products from 18 to 21.

Ordinance No. 19-044 (Agenda #4710) entitled:

AN ORDINANCE CONSTITUTING AMENDMENT NO. 1

TO THE FISCAL YEAR 2O2O OPERATING BUDGET

(BEING AN ORDINANCE TO AMEND SUBSTITUTE

NO. 1 TO ORDINANCE NO. 19-013)

FISCAL IMPACT: The total fiscal impact and budget appropriate increase to the FY

2020 General Fund Budget for the Police Department body camera program is $739,483

and will be funded by utilizing the Tax Stabilization Reserve.

Ordinance No. 19-045 (Agenda #4711) entitled:

AN ORDINANCE TO AUTHORIZE AND APPROVE

A CONTRACT BETWEEN THE CITY OF WILMINGTON

AND AXON ENTERPRISE, INC. FOR BODY CAMERAS

AND RELATED SERVICES

FISCAL IMPACT STATEMENT: The fiscal impact of this Ordinance is a contract for

the period of five (5) years commencing on the date of its execution at a total estimated

price of One Million, Nine Hundred Fifty-Four Thousand, Eight Hundred Thirty-Six

Dollars ($ 1,954,83 6.00).

 

Resolution No. 19-053 (Agenda #4714)

as follows:

WHEREAS, on September 29,2016, the City of Wilmington (the "City")

and Wilmington Housing Partnership Corporation, a Delaware non-profit corporation (the

"Corporation"), entered into a Loan Agreement, attached hereto as Exhibit "A" (the 'ol.oan

Agreement") wherein the Corporation covenanted to pay to the City principal of, and

interest on, a certain promissory note issued under the Loan Agreement (the "Note") to

secure proceeds from the City in an amount of $3,378,371.67

 

Council Member Johnson presented Resolution No. 19-058

Charging Carney to appoint a person of color to the state supreme court.

 

Council Member Johnson presented Resolution No. 19-060

Using city money to demolish a building on private property.

 

Resolution No. 19-062

the Ordinance proposes amendments to Chapter 48 of the

City Code to provide penalty and enforcement provisions relating to Neighborhood

Conservation Districts

 

Resolution No. 19-063

the City has requested $40,000 from the State of Delaware

and $40,000 from New Castle County; and

WHEREAS, the Council deems it necessary and appropriate to authorize

the City to accept the funds, if awarded, an to facilitate the implementation of the

recommendations of the CDC in furtherance of the City's objectives to enhance public

safety and the quality of life in Wilmington.

 

November 2019 voted to restrict a persons 3 minutes of public comment time to items only on the agenda.

 

Voted to move forward with the comprehensive plan,

 

Ordinance No. 19-048 (Agenda #4736) entitled:

AN ORDINANCE TO AUTHORIZE AND APPROVE A

CONTRACT BETWEEN THE CITY OF WILMINGTON

AND REHRIG FINANCIAL SERVICES FOR THE

LEASE OF, AND OPTION TO PURCHASE, MI-]NICIPAL

SOLID WASTE CONTAINTERS

FISCAL IMPACT STATEMENT: The fiscal impact of this Ordinance is a contract for

the period of five (5) years commencing on the date of its execution at an estimated

annual price of Three Hundred Thirty Thousand, Eight Hundred Thirty-Nine Dollars and

Seventy-Six Cents ($330,839.76) and an estimated total price of One Million, Six

Hundred Fifty-Four Thousand, One Hundred Ninety-Eight Dollars and Eighty Cents

($ 1,654,198.80)

Ordinance No.

19-051 entitled:

AN ORDINANCE TO AUTHORIZE AND APPROVE A CONTRACT

BETWEEN THE CITY OF WILMINGTON AND SAINT FRANCIS

HOSPITAL, INC. FOR EMERGENCY AMBULANCE SERVICE

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Have given this Ordinance careful study and recommend Council vote on

it accordingly

Respectfully submitted, Members of

Public Safety Committee

/s/Christofer C. Johnson, Vice Chair

/s/Ciro Adams

/s/Charles M. Freel

/s/Hanifa Shabazz, Ex-Offi c io Member

Upon a motion of Council Member Freel, seconded by Council Member

McCoy, the Report was received, recorded and filed. Motion prevailed.

*Note: At this time, Council Member Johnson was recognized and reflected in the

minutes herein (Roll Call).

 

Council Member Turner presented Resolution No. 19-076 (Agenda

#4746) as follows:

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WHEREAS, public and private educational institutions have been

profiting off collegiate level athletes for decades, yet the National Collegiate Athletic

Association O{CAA) prohibits said athletes from receiving financial compensation from

the use of their name, image, and likeness; and

WHEREAS, collegiate level athletes - Student Athletes - are also

prohibited from signing licensing contracts, brand endorsement deals, and from hiring

agents; and

WHEREAS, California Governor Gavin Newsom signed Senate Bill 206-

Fair Pay to Play Act- into law which allows for collegiate level athletes to hire agents and

financially benefit from endorsements; and

WHEREAS' Pennsylvania legislators have recently proposed House Bill

1909 which will institute a Fair Play to Pay Act in Pennsylvania's college institutions;

and

WHEREAS, other states in the nation such as New Jersey, Florida, and

Illinois are also expressing interest in similar legislation, including New York which

currently has a similar bill in their Senate; and

WHEREAS, five out of the eight higher educational institutions in the

state of Delaware are members of the NCAA: Delaware State University, Goldey-

Beacom College, University of Delaware, Wesley College, and Wilmington University.

In addition, Delaware Technical Community College is a member of the National Junior

College Athletic Association; and

WHEREAS, athletics are an important part of the collegiate experience

and in 2018 brought in a nationwide revenue of $14 billion, which is up from $3 billion

in 2003. However, $1.2 billion of that revenue was spent on coach salaries and the

remaining $936 million was spent on athlete student aid; and

WHEREAS, each of Delaware's NCAA accredited institutions have

championship competing and winning teams playing basketball, cross country, football,

golf, soccer, softball, track and field, tennis, and volleyball; and

WHEREAS, teams and athletes from each institution have been

nationally recognized in other ways. Wilmington University's cheerleading team was

named the Universal Cheerleading Association's national champions for five consecutive

years between 2012 and 2017; 5 athletes at Goldey-Beacom College have been

recognized as Academic All-American Athletes; and several professional MVPS and

record holders first played at Delaware State University; and

WHEREAS, since the year 2000, almost 100 Delaware collegiate athletes

have been inducted into the Delaware Sports Hall of Fame, including: eight-time baseball

league all-star and three-time MVP Wilbert "Bunny" Miller; softball outfielder and

Delaware Technical Community College alumnus Dionna Harris who played on the only

Olympic softball team to ever win a gold medal; Ann Marie (Annie) Igo Rizzo who

played on the first women's sports teams at the University of Delaware; football player

Mike Brown who lead the Blue Hens into an undefeated season; and football lineman

Frank Burton Sr. whose son now plays football for the University of Delaware; and

WHEREAS' The numerous athletes in the Hall of Fame, or who have

competed on championship winning teams, or who currently play on professional teams

would have all benefited greatly from Fair Pay to Play policies during their college yearsparticularly

those student athletes who were from low-to-moderate income families that

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experienced economic hardships prior to and during their son or daughter being selected

into a collegiate athletic program; and

WHEREAS, collegiate athletes in the nation, including those in the State

of Delaware, receive little to no recompense despite the great amount of benefits they

bring to their educational institution.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF

THE CITY OF WILMINGTON that the City Council strongly supports California's

Senate Bill 206, Pennsylvania's House Bill 1909, and both states' efforts to support their

large population of collegiate athletes. In addition, the City Council urges the State of

Delaware to begin the process of drafting similar legislation to show our support for the

collegiate athletes attending institutions in our state of Delaware.

Upon a motion of Council Member Turner, seconded by Council Member

McCoy, the Resolution was before the Council for its consideration. Motion prevailed.

Council Member Turner spoke on the puryose of the Resolution. Council Member

Adams made comments. Council Member Johnson made comments.

President Pro Tempore Congo: Are there any comments from the public?

If so, please come up to my left please.

Public Comment Speakers:

o D. Marque Hall

o Earl E. Tate

Council Member Adams made additional comments. Council Member

Guy made comments. Council Member Turner made comments.

President Pro Tempore Congo: Clerk call the roll please.

The above-referenced Resolution was received, adopted as read and

directed to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas,

Council Members Harlee, Turner, McCoy, Johnson, Freel, Adams, Dixon and Guy, and

President Pro Tempore Congo. Total, nine. Nays, none. Absent, Council Members Gray,

Oliver and Walsh, and Council PresidentShabazz. Total, four.

 

Dec 2019

 

Council Member Freel presented and called for the first and second

reading Ordinance No. 19-055 (Agenda #4754) entitled:

AN ORDINANCE TO AUTHORIZE A MULTI-YEAR

AMENDMENT OF CONTRACT 15055DFPS (PARKING

CITATION PROCESSING AND COLLECTION SERVICES)

BETWEEN THE CITY OF WILMINGTON AND CONDUENT

STATE AND LOCAL SOLUTIONS, INC.

FISCAL IMPACT: The fiscal impact of this Ordinance is a contract for the period of

two (2) years and two (2) months commencing on the date of execution of the

Amendment at an estimated price of one hundred thousand, two hundred six dollars

($100,206.00) per month (which will increase by two-and-a-half percent (2.5%) every

twelve (12) months after execution of the Amendment) plus thirty percent (30%) of net

revenue from collection efforts, with the possibility of two (2) additional extensions of

one (1) year thereafter at the same price.

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The above-referenced Ordinance was given two separate readings by title

only and upon a motion of Council Member Freel, seconded by Council Members Dixon

and McCoy, the Ordinance was referred to the Finance & Economic Development

Committee.

Council Member Freel presented Resolution 19-084 (Agenda #4755) as

follows:

WHEREAS, pursuant to Wilm. C. (Charter) $ 1-101, the City may

acquire, hold, manage, and dispose of property on such terms as it deems proper for any

municipal purpose; and

WHEREAS, Wilm. C. S 2-621(a) authorizes the Department of Real

Estate and Housing to conduct disposition proceedings of real property owned by the

City; and

WHEREAS, Wilm. C. 5 2-622(1) provides that the Council shall by

resolution declare a property to be approved for disposition and authorize the conduct of

disposition proceedings by the Department of Real Estate and Housing; and

WHEREAS, Wilm. C. 5 2-622(2) provides that the Department of Real

Estate and Housing shall cause public notice of the request for proposals for the

disposition of a property to be given by publication in a newspaper having general

circulation in the City and make available all pertinent information to persons interested

in submitting a bid on the property that has been approved for disposition; and

WHEREAS, Wilm. C. S 2-622(5) provides that the bids for a property,

together with the recommendations of certain City departments, including the

Department of Real Estate and Housing, shall be submitted to Council which, by

resolution, shall approve the bid of the best bidder; and

WHEREAS, the City cunently owns the parcel of real estate located at

1814 Gilpin Avenue, Wilmington, Delaware 19806, being New Castle County Tax Parcel

ID No. 26-013.10-205 (the o'Property"); and

WHEREAS, the Council, upon the recommendation of the Department of

Real Estate and Housing, wishes to: (i) declare the Property to be surplus; (ii) approve the

Property for disposition; and (iii) authorize the conduct of disposition proceedings by the

Department of Real Estate and Housing.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF

THE CITY OF WILMINGTON that Council hereby declares the Property to be surplus

and approved for disposition and authorizes the Department of Real Estate and Housing

to conduct disposition proceedings.

Upon a motion of Council Member Freel, seconded by Council Member

Johnson, the above-referenced Resolution was before the Council for its consideration.

Motion prevailed. Council Member Freel spoke on the purpose of the Resolution.

Council Member Guy made comments. Council Member Oliver made comments.

Council Member Gray made comments. Council Member Turner made comments.

Council Member Johnson. Council Member Turner made additional comments. Council

Member Oliver made additional comments. Council Member Harlee made comments.

Council Member Adams made comments. Council Member Dixon made comments.

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Council Member Harlee made additional comments. Council Member Guy made

additional comments. Council Member Gray made additional comments raised a

question. President Shabazzresponded. Council Member Adams made additional

comments. Council Member McCoy made comments. Council Member Johnson made

additional comments. Council Member Freel made comments.

President Shabazz: Are there any comments from the public? For

clarification to members of Council, the public is not held on the same FOIA regulations

as members of Council are. So, their - their comments can be a little bit more liberal.

Continue sir.

Public Comment Speakers:

o Devon Marque Hall

o Jacob Morente

o Donald Farrell

President Shabazz: I think everyone has spoken twice except for Council

Members Dixon and McCoy.

Council Member Guy: Point of order. Can you have the parliamentarian

check the rules because it has two par1s...

Council Member Turner: Yeah

Council Member Guy: ...and we each get a second five minutes after the

public speaks.

President Shabazz: Councilman Guy, speak.

Council Member Guy: Oh, ok.

Council Member Guy made additional comments. Council Member

Harlee made additional comments and raised a question and President Shabazz

responded. Council Member Harlee raised another question and President Shabazz

responded. Council Member Freel made additional comments.

President Shabazz: Clerk call the roll

The above-referenced Resolution was received, adopted as read and

directed to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas,

Council Members Oliver, Harlee, Johnson, Freel and Adams, and Council President

Shabazz. Total, six. Nays, Council Members Gray, Tutnet, McCoy, Dixon and Guy.

Total, five.

President Shabazz: Declare it defeated.

Jan 2020

 

Council Member Harlee presented and called for the first and second

reading Ordinance No. 20-002 (Agenda #4757) entitled:

AN ORDINANCE TO AUTHORIZE AND APPROVE AN

EXTENSION OF CONTRACT 20012WD BETWEEN THE

CITY OF WILMINGTON AND BRANDYWINE

CONSTRUCTION COMPANY, INC. FOR WATER

DISTRIBUTION SYSTEM MAINTENANCE

FISCAL IMPACT STATEMENT: The fiscal impact of this Ordinance is four (4) oneyear

extension options, at an estimated price of Two Thousand, Nine Hundred SeventySeven

Dollars ($2,977.00) per day not to exceed Three Million Dollars ($3,000,000.00),

plus an increase of up to two percent (2%) for each extension period.

The above-referenced Ordinance was given two separate readings by title

only and upon a motion of Council Member Harlee, seconded by Council Members Freel

and Walsh, the Ordinance was received, recorded and referred to the Public Works &

Transportation Committee. Motion prevailed.

this evening?

Council Member Harlee: That's all I have for tonight.

President Shabazz: Thank you. Council Member Turner, any legislation

Council Member Turner: No legislation tonight Madam President.

President Shabazz: Council Member McCoy, legislation?

Council Member McCoy: Nothing tonight Madam President.

President Shabazz: Council Member Johnson.

Council Member Johnson: Yes, Madam President, I have a Resolution to

present.

On behalf of Council Member Walsh, Council Member Johnson presented

Resolution 19-075 (Agenda #4742) as follows:

WHEREAS, City Council enacted City Code Section 2-232 establishing

procedures for the Chief of the Wilmington Police Department to call for the

commencement of an academy class if the manpower of the Police Department falls

below ninety-five (95) percent of the number of police officers set forth in the position

allocation list attached to the annual operating budget ordinance for the applicable fiscal

year; and

WHEREAS, on May 21, 2019, the Council approved the annual operating

budget ordinance for fiscal year 2020 (the "Budget Ordinance"); and

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WHEREAS, the Chief of the Police Department has represented that it is

anticipated, based upon normal attrition, that the manpower of the Police Department will

fall below ninety-five percent of the number of police officers set forth in the position

allocation list attached to Budget Ordinance by the end of2019; and

WHEREAS, pursuant to City Code Section 2-232(b), the Chief of the

Police Department has drafted a resolution calling for the commencement of an academy

class for the Police Department once manpower falls below the requisite threshold and

presented it to Council for its review.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF

THE CITY OF WILMINGTON that the Council hereby recognizes that the Chief of

the Police Department has represented that it is anticipated that the manpower of the

Police Department will fall below ninety-five percent of the number of police officers set

forth in the position allocation list attached to the Budget Ordinance by the end of 2019

and has drafted a resolution calling for the commencement of academy class for the

Police Department once manpower falls below the requisite threshold.

Upon a motion of Council Member Johnson, seconded by Council

Members Freel and Walsh, the Resolution was before the Council for its consideration.

Motion prevailed. Council Member Johnson spoke on the purpose of the Resolution and

made comments. Council Member Turner made comments. Council Member Congo

made comments. Council Member Walsh made comments. Council Member Oliver made

comments. Council Member Gray made comments. Council Member Guy made

comments. Council Member Oliver made additional comments. Council Member

Johnson made additional comments.

 

Feb 2020

Ordinance No. 20-009 (Agenda #4773) entitled:

AN ORDINANCE TO NAME THE SOUTH WILMINGTON

WETLANDS PARK PROJE,CT THE "SOUTHBRIDGE

WILMINGTON WETLANDS PARK"

FISCAL IMPACT STATBMENT: There is no fiscal impact on the City as a result of

this Ordinance.

The above-referenced Ordinance was given two separate readings by title

only and upon a motion of Council Member Harlee, seconded by Council Member Freel,

the Ordinance was received, recorded and referred to the Public Works & Transportation

Committee. Motion prevailed.

Council Member Harlee: Thank you that's all I have

President Shabazz: Councilwoman Walsh.

Council Member Walsh: I have a Resolution to pass or to introduce on

your behalf

Council Member Walsh presented Resolution No. 20-013 (Agenda #4780)

as follows:

WHEREAS, a Confidence & Puberty Survey done by Always, a wellknown

brand of feminine hygiene products, found that almost I in 4 teenage girls in the

United States have not attended school because they didn't have feminine products, and 1

in 5 teenage girls in the United States do not have the means to consistently afford

feminine products; and

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WHEREAS' the Free the Tampons Foundation found thatS60/o of women

who menstruate will have their periods start unexpectedly in public without the necessary

feminine products on hand. While 48o/o of these women will attempt to use tampon or pad

dispensers in public restrooms, only 8% say that those dispensers worked or were

stocked; and

WHEREAS, Delaware Senate Bill 166, which provides feminine products

for free for those in custody at facilities operated by the Department of Corrections, and

facilities operated by the Department of Services for Children, Youth and Their Families,

was passed and signed by the Governor on September 13, 2018; and

WHEREAS, Delaware does not have a sales tax, therefore feminine

products don't have additional taxes when purchased. However, feminine products are

not covered by the government Supplemental Nutrition Assistance Program (SNAP).

50o/o of Wilmington households with children under 18 years old receive SNAP benefits,

therefore a significant population of girls in our city may not have reliable access to

feminine products in their homes; and

WHEREAS, Illinois, New Hampshire, California, and New York schools

with students from 6th grade to l2rt'grade are now required to provide free feminine

products in the restrooms themselves due to recent state legislation; and

WIIEREAS, House Bill 285 sponsored by Representative Valerie

Longhurst, and co-sponsored by Representative Dorsey-Walker, Senator Darius Brown,

and Senator Elizabeth Lockman, who all represent Wilmington was passed by the House

of Representatives on January 30,2020. House Bill 285 requires schools with students

"grades 6-12 to provide free feminine hygiene products in 50o/o of the bathrooms used by

students who can have a menstrual cycle"; and

WHEREAS' feminine products are bathroom necessities just as much as

toilet paper, paper towels, soap, and water. The over 4,000 girls in Wilmington middle

Schools and high Schools need to have reliable and affordable access to feminine

products as this will remove baniers for them to receive the quality education they

deserve.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF

THE CITY OF WILMINGTON that the City Council strongly supports House Bill285

pertaining to providing free menstrual products in Delaware public and private middle

and high schools. In addition, the City Council strongly encourages the Honorable

Senators of the Delaware General Assembly to vote in favor of House Bill 285 as it

provides positive support for our students.

Upon a motion of Council Member Walsh, seconded by Council Members

Freel and Dixon, the Resolution was before the Council for its consideration. Motion

prevailed. Council Member Walsh spoke on the purpose of the Resolution and made

comments. Council Member Johnson made comments and requested to be added as a cosponsor.

Council Member McCoy made a comment for clarity and Council Member

Walsh responded.

President Shabazz: Seeing no more comments from members of Council,

is there any comments from the public? Seeing no comments from the public, is there

any comments from Council? Seeing none, roll call.

38

The above-referenced Resolution was received, adopted as read and

directed to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas,

Council Members Gray, Congo, Oliver, Harlee, Tutner, McCoy, Johnson, Freel, Adams,

Dixon and Walsh, and Council President Shabazz. Total, twelve. Nays, none. Absent,

Council Member Guy. Total, one.

 

March 2020

On behalf of President Shabazz, Council Member Harlee presented

Resolution No. 20-015 (Agenda #4782) as follows:

WHEREAS, Council is requesting for a review of the City's Parking

issues, which will take place by establishing a Council City-Wide Parking Taskforce

Commission, who will study/research and recommend solutions to City Parking issues

through legislative action; and

WHBREAS, the Legislative Branch of Wilmington City Government is

aware of 1) the overarching and wide-ranging issues related to Parking within City

Limits, 2) the individual impacts Parking has on the economy of our City, and 3), quality

of life and public image problems caused by a number of Parking issues; and

WHEREAS, the last concerled and successful efforts of the 2007 Parking

Srrmmif nrodrrced manv resrrlts in 1he ensuinp decade or more: however. several new "'-"'J - Q

issues relevant to Parking in all areas of our City now require examination and legislative

solutions; and

WHEREAS, in order to address and recommend solutions to current

pressing Parking issues that are occurring throughout the City of Wilmington, the

Legislative Branch of Wihnington City Government has made outreach to and has heard

from a diverse and representative group of concerned citizens on parking issues

throughout all areas of our City of Wilmington: and

WHEREAS, several Wilmington City Council Members, a representative

group of concerned citizens including corporate leaders, small business owners, leaders

and representatives of Neighborhood Planning Councils and civic organizations,

representatives of merchant associations, DART Transit Authority representatives, City

Officials, and managers/owners of parking facilities throughout the City have

volunteered to identify current parking issues and engage in research to assist in the

development of solutions to those issues; and

WHEREAS, the proposed Parking Taskforce members would focus their

work in three (3) subgroups populated by their interests and areas of expertise to address

parking issues in 3 Focus Areas; and

WFIEREAS, the 3 Focus Areas of the Council City-Wide Parking

Taskforce Commission are 1) Signage in Residential, Downtown and Riverfront areas of

the City relevant to confusing, inadequate, or outdated signage; 2) Administrative

Parking Operations and Collection of Data such as the Parking Appeals Process, Cost of

Parking Tickets, PREO Enforcement Schedules, Optimal uses of Parkmobile services,

Handicap Parking Rules and lJtrhzation, and the Process for Keeping Signage updated;

and, 3) Neighborhood, Business, and College Parking issues such as learning from the

Neighborhood Planning Councils and Civics the specific parking issues being

7

experienced in each Neighborhood; learning from Businesses/Merchants the parking

"on..rn,

for their customers throughout the City; and learning Parking Garage use and

trends; and

WHEREAS, the 3 Sub-Groups will engage in their research and report to

the full Commission their findings and recommendations in a timeframe beginning

March 18,2020 through the end of June 2020 culminating in proposed Legislation and a

report to the Full Council sharing the findings of the Parking Taskforce Commission and

next steps.

NOW, THEREFORE, BE IT RESOLVBD BY THE COUNCIL OF

THE CITY OF WILMINGTON, that the Council City-Wide Parking Taskforce

Commission is hereby established, comprised of members as determined by the President

of City Council, including Members of City Council, residents representing corporate and

small bgsinesses, resident leaders from the Neighborhood Planning Councils and Civic

associations who are not holding or seeking elected public office, City Officials, area

transit authority representatives, managers/owners of parking facilities, Wilmington

Parking Authority, and colleges in the City.

FURTHBR RESOLVBD, that the findings and recommendations made

by the Council City-Wide Parking Taskforce Commission should be subsequently

discussed and considered among the full body of City Council, and the adoption of all or

part of the findings and legislative recommendations, if approved, shall take place no

Iqror rhqn rhe ccnnnd cnhedrrled meetino of Citv Corrncil in .lrrlv 2020. rqlvr lrrurr J

Upon a motion of Council Member Harlee, seconded by Council Member

Freel, the Resolution was befole the Council for its consideration. Motion prevailed.

Council Member Harlee spoke on the purpose of the Resolution. Members of Council

made comments. Council Member Johnson requested to be added as a co-sponsor.

Council Member Oliver requested to be added as a co-sponsor. Based on discussion and

state of emergency, President Shabazz accepted a friendly amendment.

 

On behalf of President Shabazz, Council Member Harlee presented

Resolution No.20-016 (Agenda #4783) as follows

WHEREAS, The National League of Cities has developed the 2020

Leading Together Cities Agenda, representing the knowledge and insights of elected

leaders of America's cities, towns and villages, who serve the more than 200 million

people across all party lines of Republicans, Democrats and Independents; and

WHEREAS, the hundreds of members of the National League of Cities

are united in the belief that our nation is stronger when all levels of government work

together to protect and advance the priorities of America's communities and their

residents; and

WIIEIIEAS, locally elected officials know what Americans,

Wilminstonians and Dela-wareans want from their elected officials because we are the

level of government closest to the people and recognize that the Leading Together Cities

Agenda reflects an understanding of Americans' top priorities and concerns; and

WHEREAS, Wilmington City Council agrees with and supporls the 4

Shared Values of Respect, Partnership, Inclusion and Accountability in the Leading

Together Cities Agenda that calls for local, state and national governments to utilize and

adhere to in their relationships with each other; and

WHEREAS, Wilmington City Council agrees with the 4 policy and

legislative priorities identified in the 2020 Leading Together Cities Agenda calling for the

next President of the United States to adopt the following 4 priorities in the First 100

Days of the new administration including how to achieve these priorities: 1) Building

Sustainable Infrastructure, 2) Creating A Skilled Workforce, 3) Ending Housing

Instability and Homelessness, and 4) Reducing Gun Violence; and

WHEREAS, Wilmington City Council agrees with making a commitment

to Lead Together nationally and throughout our state of Delaware in order to support and

deliver common-sense solutions for growing the economy, promoting public safety and

investing in the 21't century infrastructure that will support all of America and all

Delawareans to thrive.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF

THE CITY OF WILMINGTON that this legislative body support the National League

of Cities non-partisan '(Leading Together Cities Agenda" to be used as a legislative

road map in our City of Wilmington and with other levels of local government

throughout the state of Delaware.

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Upon a motion of Council Member Harlee, seconded by Council Member

Dixon, the Resolution was before the Council for its consideration. Motion prevailed.

Council Member Harlee spoke on the purpose of the Resolution. President Shabazz made

comments.

At this time, President Shabazz opened up the floor for public comment

and nobody desired the privilege of the floor.

President Shabazz requested the Clerk to call the roll

The above-referenced Resolution was received, adopted as read and

directed to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas,

Council Members Gray, Congo, Oliver, Harlee, Turner, McCoy, Johnson, Freel, Adams,

Dixon and Guy, and Council PresidentShabazz. Total, twelve. Nays, none. Absent,

Council Member Walsh. Total, one.

 

Council Member McCoy presented and called for the first and second

reading Ordinance No. 20-011 (Agenda #4184) entitled:

AN ORDINANCE TO ENACT A TEMPORARY MORATORIUM

ON THE MONITION OF OWNER-OCCUPIED PROPERTIES FOR

DELINQUENT WATER UTILITY CHARGES

The above-referenced Ordinance was given two separate readings by title

only and upon a motion of Council Member McCoy, seconded by Council Members

Dixon and Freel, the Ordinance was received, recorded and referred to the Finance &

Economic Development Committee. Motion prevailed.

Council Member Johnson did not have any legislation this evening

Council Member Freel stated that he would be holding agenda #4785

Council Member Freel presented and called for the third and final reading

Ordinance No. 20-008 (Agenda #4774) entitled:

AN ORDINANCE TO AUTHORIZE AND APPROVE A

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF WILMINGTON, DELAWARE AND

OPERATIONS MANAGEMENT INTERNATIONAL, INC. FOR

THE MANAGEMENT, ADMINISTRATION, OPERATION,

AND MAINTENANCE OF THE WILMINGTON WASTEWATER

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TREATMENT PLANT, RE,NEWALBE ENERGY AND BIOSOLIDS

FACILITY, MAIN PUMP STATIONS, STORAGE, AND CONTROL

STRUCTURES AND SYSTEMS ASSOCIATED WITH THE,

CONTROL OF COMBINED SEWER OVERFLOWS (INCLUDING

GLOBAL OPTIMAL REAL TIME CONTROL SYSTEM), AND

AS SOCIATED INFRASTRUCTURE

FISCAL IMPACT STATEMENT: The fiscal impact of this Ordinance is a

professional services agreement for twenty (20) years with two (2) two-year extensions

options with an estimated year one cost of Nineteen Million, Nine Hundred Sixty-Two

Thousand, Forly-Eight Dollars ($I9,962,048.00). The cost of the agreement will increase

annually at a minimum rate of one and one-quarter percent (1.25%) and a maximum rate

of three and three-quafiers percent (3.75%) as determined by the indices incorporated in

the agreement; provided, however, in the event that the actual rate of increase as

calculated by the indices equals or exceeds six percent (6%) for two consecutive years,

then the parties shall negotiate an appropriate adjustment to address such inflationary

conditions.

Upon a motion of Council Member Freel, seconded by Council Member

Dixon, the Ordinance was before the Council for its consideration. Motion prevailed.

Cnrrnnil l\zlenrhr-r F-reel snnl(e on the rn r-r'r-nr o- se of the Ordinance. Members of Council made

comments.

Upon a motion of Council Member Guy, seconded by Council Member

Congo, to refer Ordinance No. 20-008 to Public Works & Transportation Committee and

President Shabazzdeclared the motion Defeated by raise of hands of the members of

Council as follows: Yeas, Council Members Gray, Congo, Turner, McCoy, Johnson and

Guy. Total, six. Nays, Council Members Oliver, Harlee, Freel, Adams and Dixon, and

Council President Shabazz. Total, six.

 

April 2020

On behalf of President Shabazz, Council Member Johnson presented

Resolution No. 20-022 (Agenda #4799) as follows:

WHEREAS, the Coronavirus Aid, Relief and Economic Security (CARES) Act

provides $2,2 trillion to address the COVID-19 emergency, with $150 billion going directly to

states, territories, tribes and localities to combat the public health and economic effects of the

COVID-19 pandemic;and

WHEREAS, the State of Delaware is fortunate to have fierce advocates in

Congress who fought to ensure that small states like ours were not overlooked in comparison to

their larger neighbors and were awarded significant funding. However, like many states,

Delaware is facing a looming budget shortfall that already is unprecedented in our state's history.

The full economic impact of this crisis might not be realized for several months; and

WHEREAS, The CARES Act provides vital funding, but it restricts the money

to unbudgeted expenses related to COVID-I9. This is far too restrictive for states like Delaware

to effectively apply the federal funds to these very special circumstances. Being able to use these

dollars to shore-up Delaware's operating budget is critical to maintaining services and recovering

from this unprecedented crisis; and

WHEREAS, according to a survey by the United States Conference of Mayors

and the National League of Cities, as this pandemic brings the nation's economy to a standstill,

nearly nine in 10 cities expect a budget shortfall due to the impact of the outbreak. An even larger

share of cities - 98%- with populations between 50,000 and 500,000 expect a shortfall because

of the pandemic; and

WHEREAS, the City of Wilmington is among those smaller-than-500,000

population municipalities that will be directly and adversely impacted in our efforts to both

address the pandemic, while compensating for the shortfalls, layoffs and service gaps that have

been created due to COVID-19; and

WHEREAS, The City of Wilmington is not only the largest city in the State of

Delaware, but a City with over 50o/o of its permanent residents self-identiffing as Black, Hispanic

and low- to moderate income households. The shortfalls we will experience due to predicated by

virtue that 43% of the City's revenues are generated from Wage Taxes,25o/o of the City's

revenues are generated from Property Taxes and 65oh of the City's operating budgetary expenses

are for core City services such as First Responders for Police and Fire, Sanitation, Streets, Water

Sewer System, and Code Enforcement.

COVID-l9 will have real, and possibly long-lasting effects on our City, and the flexibility

provided by H.R. 6467 will be key to our efforts to address public health emergencies caused by

COVID-I9;and

WHERBAS, by raising our voices, Members of the lOTtL Session of the City

Council of the City of Wilmington, Delaware raise our voices, along with leaders of small

municipalities across the country. We ask that you support H.R, 6467 and that you encourage

your colleagues in Washington to do the same.

NOW, THBREFORE, BE IT RESOLVED BY THE COUNCIL OF THE

CITY OF WILMINGTON we ask that you to support Congressional efforts to amend the

CARES Act - H.R. 6467 - to provide small municipalities, such as Wilmington, Delaware, the

flexibility to use the funds to compensate for unprecedented revenue losses. Flexible federal

funds for state revenue shortfalls will help states continue to provide vital citizen services,

prevent further shutdown of vital sectors of the state economy, and hasten the recovery once

social distancing measures are relaxed.

7

Upon a motion of Council Member Johnson, seconded by Council

Members Freel and Walsh, the Resolution was before the Council for its consideration.

Motion prevailed. Council Member Johnson spoke on the purpose of the Resolution.

Comments were made by Members of Council and Council President. Council Member

McCoy requested to be added as a co-sponsor. A o'point of order" was made to stay on

the subject matter at hand. Council Member Oliver requested to be added as a co-sponsor

At this time, President Shabazz opened up the floor for public comment

and nobody desired the privilege of the floor.

President Shabazzrequested the Clerk to call the roll.

The above-referenced Resolution was adopted as read and directed to be

recorded and filed by the following Yea and Nay Roll Call Vote: Yeas, Council

Members Gray, Congo, Oliver, Harlee, Tutner, McCoy, Johnson, Freel, Dixon, Guy and

Walsh, and Council President Shabazz. Total, twelve. Nays, Council Member Adams.

Total, one.

President Shabazz declared the Resolution adopted.

Council Member Freel presented and called for the third and final reading

Ordinance No. 20-018 (Agenda #4795) entitled:

AN ORDINANCE ESTABLISHING SALARIES OF CITI

COI.INCIL MEMBERS FOR THE 1O8TH SESSION TO BE

EFFECTIVE AS OF JANUARY 5,2021

 

May 2020

Council Member Freel presented and called for the third and final reading

Ordinance No. 20-012 (Agenda #4787) entitled:

AN ORDINANCE ESTABLISHING A RATE OF

TAXATION ON REAL PROPERTY AND THE

TAXABLE PROPERTY OF PUBLIC UTILITIES

FOR THE FISCAL YEAR JULY I,2O2O THROUGH

JI-rNE 30,2021

Upon a motion of Council Member Freel, seconded by Council Member

Walsh, the Ordinance was before the Council for its consideration. Motion prevailed.

Council Member Freel spoke on the purpose of the Ordinance.

At this time, President Shabazz opened up the floor for public comment

and nobody desired the privilege of the floor.

President Shabazz requested the Clerk to call the roll.

The above-referenced Ordinance was read for the third and final time and

was adopted by title and section recurring to the Enacting Clause and was passed by the

following Yea and Nay Roll Call Vote: Yeas, Council Members Gray, Congo, Oliver,

Harlee, Tumer, McCoy, Johnson, Freel, Adams, Dixon, Guy and Walsh, and Council

President Shabazz. Total, thirteen. Nays, none.

Council Member Freel presented and called for the third and final reading

Ordinance No. 20-014 (Agenda #4789) entitled:

AN ORDINANCE TO ADOPT A CAPITAL BUDGET

FOR FISCAL YEAR 2021

Upon a motion of Council Member Freel, seconded by Council Member

Walsh, the Ordinance was before the Council for its consideration. Motion prevailed.

Council Member Freel spoke on the purpose of the Ordinance.

At this time, President Shabazz opened up the floor for public comment

and nobody desired the privilege of the floor.

President Shabazz requested the Clerk to call the roll.

The above-referenced Ordinance was read for the third and final time and

was adopted by title and section recuruing to the Enacting Clause and was passed by the

following Yea and Nay Roll Call Vote: Yeas, Council Members Gray, Congo, Oliver,

Harlee, Turner, McCoy, Johnson, Freel, Adams, Dixon, Guy and Walsh, and Council

President Shabazz. Total, thirteen. Nays, none.

President Shabazz declared the Ordinance adopted.

June 2020

Council Member Johnson presented and called for the first and second

reading Ordinance No. 20-031 (Agenda #4816) entitled:

AN ORDINANCE TO ENACT CERTAIN TRAFFIC/

PARKING REGULATIONS

The above-referenced Ordinance was given two separate readings by title

only and upon a motion of Council Member Johnson, seconded by Council Member

Walsh, the Ordinance was received, recorded and referred to the Public Works &

Transportation Committee meeting. Motion prevailed.

4

On behalf of President Shabazz, Council Member Johnson presented

Resolution No. 20-029 (Agenda #4817) as follows:

WHEREAS, the .liquitable l)ata C'ollection and Disclosure on COVID-I9

Act, sponsorecl by U:nited States llepresentative llobin L. Kelly ofl lllinois, require tlre

Centers ftir Disease Control ancl Prevention to collect aud report ceftain data conceming

COVID-l9; and

WHEREAS' as stated in tlie llill, the World llealth Orgirnization (WHO)

declared COVII) - 19 a "Public Heaith Emergency ol' Intemational Concern" on Januzrry

30,2020.In the United States, cases of CIOVID*19 have quickly surpassed those across

the world, and as of April 12, 2A20, over 500,000 cases and 20,000 deaths have been

reported in the tlnited States alone; and

WHEREAS' the bLrrden of morbidity and rnot'tality in the lJnited States

has historically fallen disproportionately on malgiualizecl communities. That is to say that

historically, structures and systems. such as racism, ableism and class oppression, have

renderecl afll:ctecl inclividuals more vulnerable to inequitios and have preventecl people

from achieving their optimal health even wheu there is not a crisis of' pandemic

proportions; and

WlInRnAS, cornmnnities of color experience higher rates of chronic

clisease and disabilities, such as diabetes, lryper:tensicln" and asthma, than non-llispanic

White communities, whioh predisposes them to greater risk ol' oornplications and.

morlality should they contract COVID--19; ancl

WHEREAS, communities of color are more likely to generally suffer as a

result of lack of access to adequate healthcare, these communities are experiencing

alarmingly higher incidences of COVID-l9, nationwide and in the State of Delaware,

than the majority population; and

WHEREAS, to illustrate this point, in the State of Delaware, according to

the State website, https://myhealthycofnmunity.dhss.delaware.gov/locations/state, while

Hispanic/Latino and Non-Hispanic/Black Delawareans constitute but a small fraction of

the state population, however, the incidence of positive incidents within those

communities far surpasses those incidents among Non-Hispanic/White Delawareans; and

WHEREAS, the Hquit.rble Data Collection ancl Disclosure on COVD-I9

Act emphasizes that, withou:t olear understanding o{ how COVII)"19 irnpacts

marginalized racial and ethnic comnrunities, tlrere will lre exacefbated risk of

endangering tlre most histurically vulnerable of clur Nation, and for that reason,

Emergenoy Funding ltrr Federal Data Collection on the Racial, Ethnic, and Other

Dernographic Disparities or COVID-19, has been recommendecl and should be

considered by thc Llnited States Congress; and

WHIlIltilAS, suclr lJmergency Funding rvould nrake it possible for state

and local agencies to concluct or support data collection cxr the racial, ethnic, and other

dernographic irnplications of CIOVI|)-I9 in the Llnited States ancl its teritories, including

suptrrortto assist in the capacity lruilding for State and local public health deparlrnents to

collect and transmit racial, ethnic, and other demographic data to the relevant Depaftment

of Health and Humau Services agencies; and

WHEREAS, The City of Wilmington, Delaware is not only the largest

city in the State of Delaware, but a City with over 50o/o of its permanent residents self-

5

identifuing as Black, Hispanic and as low-to-moderate income households. The

operational shortfalls we will experience by virlue COVID-l9 will have real, and

possibly long-lasting effects on our City, and the resources afforded to our State agencies

to do thorough data collection will be key to our efforts to address public health

emergencies caused by COVID-I9; and

WHEREAS, by raising our voices, Members of the 107th Session of the

City Council of the City of Wilmington, Delaware raise our voices, along with leaders of

municipalities across the country. We ask that you support H.R. 6585 and that you

encourage your colleagues in Washington to do the same.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF

THE CITY OF WILMINGTON we ask that the United States Congress vote to pass

the EQUITABLE DATA COLLECTION AND DISCLOSURE ON COVID-l9 ACT,

which requires that data collection on racial, ethnic and other demographic implications

of COVID-19 in the United States, including support to assist in the capacity building for

state and local public health departments to collect and transmit racial, ethnic and other

demographic data to the relevant department of health and human services agencies.

Upon a motion of Council Member Johnson, seconded by Council

Members Dixon and Walsh, the Resolution was before the Council for its consideration.

Council Member Johnson spoke on the purpose of the Resolution and made comments.

Council Member Walsh made comments. Council Member Oliver requested to be added

as a co-sponsor.

At this time, President Shabazzopened up the floor for public comments

and nobody desired the privilege of the floor.

President Shabazz requested the Clerk to call the roll

The above-referenced Resolution was received, adopted as read and

directed to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas,

Council Members Gray, Congo, Oliver, Harlee, Turnero McCoy, Johnson, Adams, Dixon

and Walsh, and Council President Shabazz. Total, eleven. Nays, none. Absent, Council

Members Freel and Guy. Total, two.

Ordinance No. 20-023 (Agenda #4803) entitled:

AN ORDINANCE TO AUTHORIZE AND APPROVE A

ONE-YEAR EXTENSION OF CONTRACT 2OO14PW

BETWEEN THE CITY OF WILMINGTON AND KEMIRA

WATER SOLUTIONS, INC. FOR THE PROVISION OF

FERzuC CHLORIDE

FISCAL IMPACT: The cost to the City of the Amendment in Fiscal Year 2021will be four

hundred thirty-two thousand six hundred dollars ($432,600.00).

Upon a motion of Council Member Oliver, seconded by Council Member

Walsh, the Ordinance was before the Council for its consideration. Motion prevailed.

Council Member Oliver spoke on the purpose of the Ordinance.

At this time, President Shabazz openedup the floor for public comments and

nobody desired the privilege of the floor.

President Shabazzrequested the Clerk to call the roll

The above-referenced Ordinance was read for the third and final time and was

adopted by title and section recurring to the Enacting Clause and was passed by the following

Yea and Nay Roll Call Vote: Yeas, Council Members Gray, Oliver, Harlee, McCoy,

Johnson, Freel, Adams, Dixon and Walsh, and Council President Shabazz. Total, ten. Nays,

Council Members Congo, Turner and Guy. Total, three.

Council Member Oliver presented and called for the third and final reading

Ordinance No. 20-025 (Agenda #4805) entitled:

AN ORDINANCE TO AUTHORIZE AND APPROVE A

ONE-YEAR EXTENSION OF CONTRACT 2OO13WD

BETWEEN THE CITY OF WILMINGTON AND

BUCKMAN'S INC. FOR THE PROVISION OF SODIUM

HYPOCHLORITE

FISCAL IMPACT: The cost to the City of the Amendment in Fiscal Year 202I will be one

hundred ninety-nine thousand one hundred eighty-five dollars ($199,185.00).

Upon a motion of Council Member Oliver, seconded by Council Member

Walsh, the Ordinance was before the Council for its consideration. Motion prevailed.

Council Member Oliver spoke on the purpose of the Ordinance.

T4

At this time, President Shabazz openedup the floor for public comments and

nobody desired the privilege of the floor.

Council Member Turner made comments.

President Shabazzrequested the Clerk to call the roll.

The above-referenced Ordinance was read for the third and final time and was

adopted by title and section recurring to the Enacting Clause and was passed by the following

Yea and Nay Roll Call Vote: Yeas, Council Members Gray, Oliver, Harlee, McCoy,

Johnson, Freel, Adams, Dixon and Walsh, and Council President Shabazz. Total, ten. Nays,

Council Members Congo, Turner and Guy. Total, three.

No. 20-026 (Agenda #4806) entitled:

AN ORDINANCE TO AUTHORIZE AND APPROVE A

ONE-YEAR EXTENSION OF CONTRACT 2OO17PW

BETWEEN THE CITY OF WILMINGTON AND JUDGE

MOBILE WASH FOR THE PROVISION OF MOBILE

TRUCK WASHING SERVICES

FISCAL IMPACT: The cost to the City of the Amendment in Fiscal Year 2021will be

sixty-four thousand three hundred ninety dollars ($64,390.00).

Upon a motion of Council Member Oliver, seconded by Council Member

Walsh, the Ordinance was before the Council for its consideration. Motion prevailed.

Council Member Oliver spoke on the purpose of the Ordinance. Council Member Turner

made comments.

At this time, President Shabazz opened up the floor for public comments and

nobody desired the privilege of the floor.

President Shabazzrequested the Clerk to call the roll.

The above-referenced Ordinance was read for the third and final time and was

adopted by title and section recurring to the Enacting Clause and was passed by the following

Yea and Nay Roll Call Vote: Yeas, Council Members Gray, Oliver, Harlee, McCoy,

Johnson, Freel, Adams, Dixon and Walsh, and Council President Shabazz. Total, ten. Nays,

Council Members Congo, Turner and Guy. Total, three.

Council Member Harlee presented Resolution No. 20-039 (Agenda #4827) as

follows:

WHEREAS, pursuant to 1 Wilm. C. (Charter) $ 1-101, the City may acquire,

hold, manage, and dispose of property on such terms as it deems proper for any municipal

purpose; and

WHEREAS, Wilm. C. $ 2-621(a) authorizes the Department of Real Estate

and Housing to conduct disposition proceedings of real property owned by the City; and

WHEREAS, Wilm. C. $ 2-62I(c) provides that governmental agencies,

governmental authorities organized pursuant to Title 22 of the Delaware Code, and nonprofit

organizations are exempt from the City's bid procedures and that upon the declaration

-of

u ptop"rty as approved for disposition by resolution of City Council, the Department of

Real Estate and Housing may negotiate an agreement of sale, lease, exchange, or other

transfer of such properly owned by the City to any such governmental agency, governmental

authority, or non-profit organization; and

WHEREAS, the City currently owns real property located at 601West Eighth

Street, Wilmington, Delaware, being New Castle County Tax Parcel ID No. 26-035.10-083

(the "Property"); and

WHEREAS, Cinnaire Solutions is a non-profit organization that focuses on

historic adaptive reuse, acquisition and rehabilitation, mixed-use, technical consultation, low

income housing tax credits, and market rate developments serving target populations; and

WHEREAS, a vacant liquor store is currently located on the Property; and

WHEREAS, the Council, upon the recommendation of the Department of

Real Estate and Housing, wishes to declare the Property surplus; and

WHEREAS, the Council further wishes to approve the disposition of the

Property to Cinnaire Solutions for demolition of the vacant liquor store and construction of

two new homes.

NOWO THEREFORE' BE IT RESOLVED BY TI-IE COUNCIL OF THE

CITY OF WILMINGTON, that Council hereby declares the Property to be surplus and

approves the Property for disposition to Cinnaire Solutions.

BE IT FURTHER RBSOLVED that Council hereby authorizes the Mayor or

his designee to execute any and all documents necessary to effectuate disposition

pr.oceedings for the Property, including any and all further undertakings and assurances that

may be appropriate.

Upon a motion of Council Member Harlee, seconded by Council Members

Walsh and Freel, the Resolution was before the Council for its consideration. Motion

prevailed. Council Member Harlee spoke on the purpose of the Resolution and made

comments.

At this time, President Shabazz opened up the floor for public comments and

nobody desired the privilege of the floor.

Council Member Turner made comments and requested to be added as a cosponsor.

Council Member Adams made comments. Council Member Harlee made closing

comments.

27

President Shabazz requested the Clerk to call the roll.

The above-referenced Resolution was received, adopted as read and directed

to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas, Council

Members Gray, Congo, Oliver, Harlee, Turner, McCoy, Johnson, Freel, Adams, Dixon, Guy

and Walsh, and Council President Shabazz. Total, thirteen. Nays, none.

Council Member Johnson presented Resolution No. 20-042 (Agenda #4830)

as follows:

WHEREAS, the killing of Minnesota resident George Floyd onMay 25,

2020 was not an isolated incidence, but highlighted a legacy of Black death caused by racism

in the United States of America; and

WHEREAS, racism is defined as race-based prejudice, discrimination,

antagonism, and the belief that all members of each race possess characteristics or abilities

specific to that race, especially so as to distinguish one race as inferior or superior to another

race or races; and

WHEREAS' White racism in the form of the belief that Black humans were

inferior, unintelligent, and exclusively suited to manual labor resulted in the taking of

Africans for the purpose of perpetuating enslaved labor in the Americas; and

WHEREAS, beginning in 1619, the Americas, and subsequently, the newly

formed United States of America relied on Black slave labor to build the foundations of this

country and earn capital for White Americans until the ratification of the 13th Amendment in

1865; and

WHEREAS' in the Reconstruction Era and well into the 20th century, Jim

Crow Laws were established by state and local jurisdictions in order to enforce segregation in

the Southern United States, disenfranchise Black Americans afler the 1870 ratification of the

15th Amendment, and prevent political and economic gains within Black communities; and

WHEREAS, in the 1930s, President Roosevelt's New Deal helped build a

solid middle class through sweeping social programs, including Social Security and the

30

minimum wage, yet because the majority of Black people were agricultural laborers or

domestic *orkers, those occupations were ineligible for those benefits; and

WHEREAS' research by Trymaine Lee in 2019 found that: (1) White

Americans have seven times the wealth of black Americans on average, (2) Black people

make up nearly 13 percent of the United States population yet hold less than 3 percent of the

nation's total wealih, (3) the median family wealth for White people is $171,000, compared

with just $17,600 for Black people, and (4) according to the Economic Policy Institute, 19

prr..rrt of Black households have zero or negative net worth, while only 9 percent of White

families are that poor; and

WHEREAS, discriminatory housing practices such as segregation, redlining,

racial covenants, the discriminatory application of the G. I. Bill, the Federal Housing

Administration guaranteeing bank loans only to developers who wouldn't sell to Black

people, the building of inter-state highways through historic minority neighborhoods have

caured Black families to often be displaced from their homes even in their segregated

neighborhoods, be continuously denied opportunities to own, invest in, and accumulate

property, credit, and capital wealth; and

WHEREAS, housing has been accredited as a social determinant of health

because where housing is located, the resources around it, the quality of the housing, the

stability of that housing, including how much it costs, and the environmental quality of the

air, water and soil oi th. neighborhood the housing is located, are all important in

determining how housing affects health; and

WHEREAS, in 1985, the U.S. Department of Health and Human Services

commissioned a report through Margaret Heckler on Black and Minority Health, which

found disparate treatttr outcomes for Black Americans, concluding that health disparities

accounted for 60,000 excess deaths each year and that six causes ofdeath accounted for more

than 80 percent of mortality among Blacks and other minority populations; and

WHEREAS, research on discrimination and racial disparities in health

reveals that: "pathogenic factors linked to race continue to affect health even when

socioeconomic itatus-(SEs) criteria are in some cases nearly the same,'o and that, ooeven after

adjustment for income, education, gender and age, blacks had higher scores on blood

prlrrur., inflammation, and total risk... blacks maintained a higher risk profile even after

adjusting for health behaviors (smoking, poor diet, physical activity and access to care)"

(2008); and

WHEREAS, stunning research in the field of epigenetics, or the study of how

"the external environment's effects upon genes can influence disease," and how some of

these effects are inherited in humans, reveals that the health experiences of slaves, such as

nutrition - - findings suggest that diet can cause changes to genes that are passed clown

through generations by tlie nrales in a family, as well as, physical security, and mental

anguish can impact Black Americans today; and

WHEREAS, during the cunent COVID-l9 pandemic, on May 30,2020, NPR

broadcast a report by Maria Godoy, o'What do Coronavirus Racial Disparities Look Like

State By Statei" based on an analysis of demographic data from the COVID Racial Tracker,

a joint project of the Antiracist Research Policy Center and the COVID Tracing Project,

comparing each racial or ethnic groups' share of infestations or deaths where race and

ethnicity is known with their share of the population from 49 States, plus Washington, DC,

where at least some data with race or ethnicity was known for around half of all cases and 90

31

percent of deaths, even with gaps, Communities of color are being hit disproportionately hard

by COVID-19; and

WHEREAS, NPR's analysis found that in 32 states plus Washington, D.C.

blacks are dying at rates higher than their proportion of the population including in 4 states,

where the rate is three or more times greater, race and ethnicity is known for around half of

all cases, and 90 percent ofdeaths; and

WHEREAS, NPR's analysis found that in 42 states plus Washington, D.C.

Hispanics/Latinos make up a greater share of confirmed cases than their share of the

population. In 8 states, the rate is more than four times greater. The rates are 2 times higher

in 30 states, and over 4 times higher in 8 states; and

WHEREAS, on Thursday, June 4, 2020, the Trump administration, under

pressure from Congress, announced new requirements for states to collect data on race,

ithtri.ity, age and gender of COVID-I9 test results, hospitalizations, and deaths by local

governmentpublic health departments to the Centers for Disease Control and Prevention for

that data to be collected and published; and

WHEREAS, According to the National Women's Law Center datain2077,

despite making up less than half (47 percent) of all workers women are nearly six in ten (58

percent) of the more than 26 million workers in low-wage occupations that typically pay less

ihan $11 per hour/ and, Black women and Latinas are overepresented in the low-wage

workforce with Latinas making up 15 percent of women in the overall workforce but 24

percent of women in the low-wage workforce and,20 percent of women in the lowest-wage

jobs are Black women making up 13 percent of women in the overall workforce but 18

percent of women in the low-wage workforce and 16 percent of women in the lowest wage

jobs, the majority of which have been identified as essential during the COVID-l9 pandemic;

and

WHEREAS, aggregated health conditions and systemic poverty have resulted

in the disproportionate focus on Black Americans as perpetrators of crime in the United

States, whereby I in 10 Black men in their thirties are incarcerated at any given time,57Yo of

people in state prisons for drug offenses are people of color even though whites comprise

bvei two-thirds of drug users, and judges are more likely to give longer sentences to people

of color (The

Sentencing Project, 2015); and

WHEREAS, nearly 60 percent of all hate crimes in the United States are

caused by racism; and

WHEREAS, racism has inhibited Black Americans from performing simple,

daily tasks such as shopping, walking, jogging, or driving without the awareness that, at any

moment, law enforcement may be called by a white person to prevent their exercising of

daily freedoms; and

WHEREAS, data from the Prison Policy Initiative indicates that Delaware

has an incarceration rate of 756 per 100,000, meaning it has a higher rate of incarceration

than the United States as a whole and any other country in the world, and in 2015 Black

Americans comprised 60Yo of the incarcerated population in the State; and

WHEREAS, according to the research group, Mapping Police Violence,

police killed more than 1 ,000 people in 2019, almost a quarter of them of African-American

descent who are 3 times more likely to be killed by police than their white counterparts and

twice as likely to be unarmed when shot by police; and

32

WHEREAS, the City of Wilmington, Delaware is 57.2o/o Black, and the

Council of the City of Wilmington is committed to addressing injustices, inequality, and

discrimination in the form of racism impacting more than half of the population of its

citizens.

THEREF'ORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY

OF WILMINGTON that this Council declares racism to be a public health crisis in the City

of Wilmington and is committed to enacting equity in all policies in the City. Following the

foundationi laid by the Ohio Legislative Black Caucus in Council Bill 0095X-2020, the

Council of the City of Wilmington is committed to the standards identified and sponsored by

Priscilla Tyson, ElizabethBrown, Mitchell Brown, Rob Dorans, Shayla Favor, Emmanuel V.

Remy, and Shannon G. Hardin of:

1. Reviewing all City policy with a focus on its effects on minority communities

including disadvantaged business enterprises.

Conducting all human fesources, vendor selections, and grant management

activities in the City of Wilmington government with special attention to

policies and practices such as hiring, promotions, leadership appointments,

contracts assigned, and funding awarded to private small, DBEs and large

businesses and mainstream and community-based Non-Profit Organizations

engaged in housing development and services, workforce development and

employment, youth development, the arts, cultural programming, and health

access and education.

Encouraging community partners and leaders in education, employment,

housing, criminal justice and safety arenas, health care and the environment to

recognize racism as a public health crisis.

Securing adequate fesources to successfully accomplish the activities

described in this resolution.

Upon a motion of Council Member Johnson, seconded by Council Members

Walsh and Freel, the Resolution was before the Council for its consideration. Motion

prevailed. Council Member Johnson spoke on the purpose of the Resolution and made

iomments. Several members of Council made comments. Council Members Johnson and

Guy made point of order during comments made and Presidentshabazzresponded. Several

members of Council made additional comments. Council Members Johnson, Guy and Turner

made point of orders during the comments made.

At this time, President Shabazz opened up the floor for public comments.

Public Comment Speakers:

o Erin Goldner (experienced technical difficulties)

o Coby Owens

2

J

4

JJ

Council Member Harlee and PresidentShabazzmade comments and Council

Member Guy made a point of order. Several members of Council made comments and

Council Member Oliver requested to be added as a co-sponsor. Council Members Guy,

Dixon and Turner made comments.

At this time, President Shabazz opened up the floor once again to provide the

opportunity to Ms. Erin Goldner to speak as she previously experienced technical difficulties

during public comments. Council Member Johnson made closing comments.

President Shabazz requested the Clerk to call the roll.

The above-referenced Resolution was received, adopted as read and directed

to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas, Council

Members Oliver, Harlee, McCoy, Johnson, Freel, Adams, Dixon and Walsh, and Council

President Shabazz. Total, nine. Nays, Council Members Gray, Congo, Turner and Guy.

 

July 2020

Council Member Dixon presented Resolution No. 20-046 (Agenda #4836)

as follows:

WHEREAS, the first enslaved Africans were brought to America as

captives to what is now the Commonwealth of Virginia in 1619; and

WHEREAS, Black people were bought and sold as slave labor for nearly

250 years and suffered unspeakable acts of violence, including: assault, rape, mutilation,

and murder at the hands of their captors; and

WHEREAS, even at the founding of Wilmington, Delaware, and by no

accident, many Africans were brought to the Swedish colony as enslaved skilled workets,

because very few artisans were willing to make the trip from Sweden. Still, no records

show that Africans had social status in the Swedish colony, because none were included

by name in any documents, except fot one, "Black Anthony." Historical documents

record Anthony as the first Black in Delaware tenitory, who was captured by the skipper

of the Fogel Grip in 1638. In 1639, "Black Anthony" was delivered to Fort Christina and

nine years later, he served as special assistant to Governot Pintz; and

WHEREAS, in what has been called the Red Summer of 1919, here in the

City of Wilmington, Delaware, on November 13, I9l9 there was a violent racial riot

between White and Black residents, when a robbery lead to the shooting of one police

officer and the death of another. In retaliation, a mob of 300 Whites went rampaging

thlough the Black part of town, when they encountered four Black men. The two parties

shot an one another, and African American Bannel Fields was wounded with a shot to the

head; and

WHEREAS, in April of 1968, yet another race riot occurred in the City of

Wilmington, following the assassination of Dr. Martin Luther King, Jr. The riot ensued

after peaceful protest in the City's Rodney Square, transgressed to looting. No fatalities

occurred, however significant injuries and anests were recorded and many of the City's

iconic buildings and businesses burned. The calamitous events culminated in then-

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Governor Terry ordering the National Guard to patrol the streets of the city for the

remaining nine months of that year - reportedly the longest occupation of an American

city by armed forces since the Civil War; and

WHEREAS, on May 30, 2020 thousands gathered, in Wilmington's

Rodney Square to join Americans - White and Black, across the country - who decried

the treatment and ultimate death of George Floyd, an African American man who was

killed as a result of police brutality in Minneapolis, Minnesota. This well-planned,

peaceful gathering devolved into looting and extensive property damage, not only to

Downtown Wilmington, its businesses and residents, but then spread across northern

Delaware; and

WHEREAS, just one week later, on June 5, 2020 a peaceful rally was

held at the City's beloved Tubman-Garrett Park. Protestors marched up North I(ng Street

to the Leonard L. Williams Justice Center. At the event's culmination, despite heavy

rain, heated verbal discourse between ralliers and the police, ended peacefirlly, when

Police Chief Tracey and fellow Wilmington police officers agreed to leave their positions

and walk with the group for eight minutes - which is about the length of time that the

Minnesota police officer had his kneed on George Floyd's neck, ultimately leading to his

death; and

WHEREAS, the Thirteenth, Fourteenth, and Fifteenth Amendrnents to the

Constitution were enacted following the end of this country's Civil War, which resulted

in the abolishment of the practice of slavery and the extension of civil and legal

protections to Black people who were formerly enslaved; and

WHEREAS, Jim Crow laws perpetuated the racist legal and social system

existing prior to the Civil War and resulted in Black people being treated as second-class

citizens; and

WHEREAS, as articulated in peaceful gatherings, this country's ugly

history of state-sanctioned violence against Black people persists despite the Thirteenth,

Fourteenth, and Fifteenth Amendments and the adoption of the Civil Rights Acts of 1964

and 1968; and

WHERtrAS, even in our city, Black people, still generally, are unfairly

targeted and profiled by law enforcement throughout this country at rates beyond what

can be reasonably explained; and

WHARAAS, racial profiling of tslack people by law enforcement and

general citizenry results in disproportionate rates of arrest, incarceration, and overall

exposure to the crirninal legal system for Black people; and

WHEREAS, Black people continue experience inequalities across many

aspects of daily living, including, but not limited to, housing, education, employment, and

health as a result of this country's aforementioned history, laws, and law enforcement

practices, which erodes the quality of life fbr Black people; and

WHEREAS, Black people are justifiably outraged by this country's

devaluation of Black life and humanity; and

WHEREAS, approximately fifty-five percent (55%) of the residents of

the City of Wilmington identify as Black or African American; and

WHER[AS, these residents deserve to be treated fairly, with dignity, and

to have their humanity, existence, and contributions valued; and

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WHRRIIAS, it is indisputatrle that lllack lives matter.

NOW' THEREFORE, BE IT RESOLVED, that the Council of the City

of Wilmington, Delaware will cornmit to enacting and supporting policies that

unequivocally defend Black life and aim to undo the effects of systemic racism affecting

Black people in the City of Wilmington.

Upon a motion of Council Member Dixon, seconded by Council Member

Walsh, the Resolution was before the Council for its consideration. Motion prevailed.

Council Member Dixon spoke on the purpose of the Resolution. Council Members Gray,

Johnson, Harlee and Guy made comments.

At this time, President Shabazz opened up the floor for public comments

and nobody desired the privilege of the floor.

President Shabazz requested the Clerk to call the roll.

The above-referenced Resolution was received, adopted as read and

directed to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas,

Council Members Gray, Congo, Oliver, Harlee, Turner, McCoy, Johnson, Freel, Adams,

Dixon, Guy and Walsh, and Council President Shabazz. Total, thirteen. Nays, none.

 

Council Member Oliver presented Resolution No. 20-047 (Agenda #4838)

as follows:

WHEREAS' the Delaware Council on Police Training has outlined 801

Rules and Regulations relating to the qualifications and admission into the Police

Academy of Police Officers and potential officers in the State of Delaware; and

WHEREAS, requirements and regulations include being acitizenof the

United States of America, a high school graduate, and declared psychologically sound by

a licensed psychologist or psychiatrist, and applicants with felonies or any criminal

history are rejected. In addition, applicants are disqualified if they have been

dishonorably discharged from military service; and

WHEREAS, applicants need only pass competency exams related to

general law enforcement knowledge after acceptance and training at7}o/o to qualify; and

WHEREAS, these regulations also require the hiring department to

complete a thorough background and character investigation of any applicant; however,

there are no details regarding the extent of this character investigation, ot the criteria

utilized to determine eligibility; and

WHEREAS, social media is a strong determinant of character, and should

be investigated thoroughly in the case of individuals applying to protect and serve a

diverse community in order to identify persons with any affiliations or memberships with

hate groups, such as Alt-Right, Neo-Nazis, KKK, or gang affiliations with drug related

criminal activities symbolized through various skin tattoos, or hyper visible hate symbols

or gang signs posted on social media pages ; and

WHEREAS, the Wilmington Police Department is not required to engage

in implicit bias or sensitivity trainings to improve the unconscious attitudes or stereotypes

of its members in community understanding, interaction, and policing; and

yHEREAS, a study by the Harvard Business Review in July 2019

revealed that diversity and sensitivity trainings helped employees "acknowledge their

own racial biases, provide informal mentorship to racial minorities, and recognize the

excellent work of their peers who were racial minorities;" and

WHEREAS, unconscious, or implicit, bias can be defined as "prejudice

or unsupported judgments in favor of or against one thing, person, or group as compared

5

to another, in a way that is usually considered unfait" from research conducted by

Vanderbilt University; and

WHEREAS, given the increasing diversity of our country evident in

nearly every City, Town, County, and State, Police officers need ongoing, cutting-edge

training in 6oth identi$'ing and managing unconscious and implicit biases they may bring

with them to the police force; and

WHEREAS, it is necessary to rid public servants of such biases in order

to improve their interactions with, and ensure they serve equally, all those in their

communities they take an oath to protect; and

WHEREAS, training in racial literacy and cultural sensitivity would

allow officers to better understand and value the diversity of American lifestyles,

situations, and communication styles; and

WHEREAS, such diversity in the U.S. is present across all ages, races,

genders, abilities, and nations of origin; and

WHEREAS, individuals unable to eliminate such biases should not be

incorporated into the police force; and

WHEREAS, Forbes reports that, for unconscious bias and sensitivity

training to be effective, it must be ongoing and long-term; and

WHEREAS' the Wilmington City Council is committed to a transparent

and well-represented Wilmington, as well as a safe and secure Wilmington.

BEITTHEREFORERESOLVEDBYTHECOUNCILoFTHE

CITY OF WILMINGTON that we encourage the Wilmington Police Department to

immediately and permanently incorporate Unconscious Bias and Sensitivity trainings into

their workplace curriculums and standards, beginning with trainings at the Police

Academy.ln addition, the Council strongly recommends that the Wilmington Police

Department identi$ racist or gang related tattoos as immediate grounds for

disqualification of potential applicants, and thoroughly investigate all applicant's social

-.diu channels forhyper visible hate symbols as major disqualifying elements of an

applicant' s character background checks.

Upon a motion of Council Member Oliver, seconded by Council Member

Walsh, the Resolution was before the Council for its consideration. Motion prevailed.

Council Member Oliver spoke on the purpose of the Resolution. Council Member Gray

made comments. Council Member Johnson made comments and requested to be added

as a co-sponsor. Council Member Harlee made comments. President Shabazz made

.o--"nir and noted as co-sponsor as well. Council Member Gray made additional

comments. Council Member Oliver made a point of order and Council Member Gray

re sponded. Pre sident Shabazz made additional comments.

At this time, President Shabazz opened up the floor for public comments

and nobody desired the privilege of the floor.

President Shabazz requested the Clerk to call the roll.

The above-referenced Resolution was received, adopted as read and

directed to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas,

6

Council Members Gray, Congo, Oliver, Harlee, Tutner, McCoy, Johnson, Freel, Adams,

Dixon, Guy and Walsh, and Council President Shabazz. Total, thirteen. Nays, none'

 

On behalf of President Shabazz, Council Member Harlee presented

Resolution No. 20-049 (Agenda #4841) as follows:

WHEREAS, the teaching of history and social studies in the United States

is a fundamental path toward understanding the intricacies of culture, lived experiences,

and our path forward as a nation; and

WHEREAS, scholars have consistently shown that history helps us

understand ourselves, other people, how the society we live in came to be, contributes to

moral understanding, and provides identity and self-worth relevant to where each of us

fits into the story of the country we live in and have helped to develoPl and

WHEREAS, the mis-teaching of such important subjects can have farreaching,

deleterious effects on students' understanding of society, themselves, and each

other; and

WHEREAS, Euro-Centrism and Anglo-American Exceptionalism have

seeped into public school curriculums, evident in the oversizing of the United States and

Europe in world maps, standards requiring enslaved African and African-American

persons be referred to as workers, African nations depicted as primitive, and embargoes

on the discussion of Japanese internment and American wal crimes; and

WHEREAS, in 2018, the Southern Poverty Law Center conducted online

surveys of 1,000 American high-school seniors, more than 1,700 social studies teachers,

10 commonly used U.S. History textbooks, and 15 sets of state standards to assess what

students know, what educators teach, what publishers include, and what standards exist

regarding the teaching of American slavery; and

WHEREAS, this study revealed that Among 12th-graders, only 8% could

identi$r slavery as the cause of the Civil War; only 32o/o correctly named the 13th

Amendment as the constitutional amendment that ended slavery in the United States; and

fewer than 50Yo could identiff the "Middle Passage" as the transport of enslaved Africans

across the Atlantic Ocean from various unnamed African nations to North America; and

WHEREAS, the experiences of Indigenous and other People of Color

were found to be severely misrepresented when covered at all; and

WHEREAS, history textbook analyses since 1934 (Reddick), notably

those conducted in 1969 and20l5, evidence a lack of attention and accuracy given to

Black History pre- and- post the enslavement of Africans and the centuries of third-class

citizenship of African-Americans in U.S. society legally, educationally, economically and

civically; and

WHEREAS, numerous educational organizations, including but not

limited to the American Association of School Librarians, the Association for

Supervision and Curriculum Development, and the National Council for the Social

Studies are committed to critically engaging in discourse about curriculums.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF

WILMINGTON that the Council strongly recommends the establishment of a

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Commission dedicated to supporting scholarly and accurate histories of African

Americans, Native Indigenous and other Persons of Color in the United States within the

textbooks used in Delaware public schools in social studies and history courses, in grades

K through 12.The Commission shall:

1, Determine what textbooks are currently being used in grades K through 12

in social studies and history courses in Delaware public schools that

present the histories of these people of color in the United States.

2. Determine the accuracy of scholarly representation of the historical

narratives representing the cultures, contributions to society, and struggles

of African-Americans, and other people of color such as Native

Indigenous, and First Nation peoples, Latino and Hispanic Americans, and

Asian Americans in textbooks currently used in grades K through 12 in

Delaware Public schools.

3. Determine where cunent textbooks are insufftcient in the scholarly and

accurate portrayal of the histories, cultures, contributions and struggles of

these people of color to be recognized fully as human beings, American

U.S. citizens and contributing members of U.S. society in medicine, law,

fields of science, the economy, scholarship, arts and culture.

4. Make such determinations by consulting with andlor reviewing the

recommendations of curricula professional associations that advise and

provide research to public school districts serving grades K through 12 on

iextbooks that present accurate, scholarly, historic and social narratives

about these diverse groups of American people of color.

5. Recommend replacing textbooks currently being used in any or all K

through 12 social studies and history courses and classes taught in

Delaware public schools found to be insufficient and/or inaccurate

regarding American people of color with textbooks recommended from

the curricula professional associations that meet the criterion sought of

presenting and teaching accurate and scholarly historic and social

narratives of African-Americans and all People of Color in U.S. American

society.

Upon a motion of Council Member Harlee, seconded by Council Members

Walsh and Freel, the Resolution was before the Council for its consideration. Motion

prevailed. Council Member Harlee requested to be added as a co-sponsor and spoke on

th. p,ttpor. of the Resolution. President Shabazz made comments. Council Member

Oliver iequested to be added as a co-sponsor and made comments. President Shabazz

made additional comments. Council Member Gray made comments and President

Shabazzmade additional comments. Council Member Dixon raised a question and

President Shabazzresponded. Council Member Turner made comments and raised a

question, and Presidentshabazzresponded. Additional comments made by President

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Shabazzand Council Member Turner. Council Member Harlee made comments and

raised a question, and Council Member Turner responded. President Shabazz made

additional comments.

At this time, President Shabazz opened up the floor for public comments

and nobody desired the privilege of the floor.

President Shabazz requested the Clerk to call the roll.

The above-referenced Resolution was received, adopted as read and

directed to be recorded and filed by the following Yea and Nay Roll Call Vote: Yeas,

Council Members Gray, Congo, Oliver, Harlee, Turner, McCoy, Johnson' Freel' Adams,

Dixon and Walsh, and Council President Shabazz. Total, twelve. Nays, none' Absent,

Council Member Guy. Total, one.

 

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