Wilmington City Council Regular Meeting - October 2, 2025
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The meeting will please come to order.
Thank you, everyone, for joining us, everyone who is in council chambers, and those of you who are watching virtually.
Today is Thursday, October the second.
My name is Trippy Congo, president of Wilmington City Council.
And again, on behalf of all of my colleagues, just want to say thank you for joining us.
At this time we will have our opening prayer by Marilyn Rivera.
Heavenly Father, we have assembled to handle the affairs of our city.
As we do so, we ask for your guidance and understanding.
We pray that our city reaches a place of peace and safety.
Keep us out of harm's way and bless those who are in authority.
Let respect be key in all our endeavors.
And now we will recite the Pledge of Allegiance.
Councilman Owens.
Present.
Councilwoman Darby.
Present.
Councilwoman Oliver.
Present.
Councilwoman Harley.
Present.
Councilwoman Willower.
Present.
Councilwoman McCoy.
Councilman Johnson.
Here.
Councilman Field.
Present.
Councilwoman Bracey.
President.
Councilwoman Cabrera.
Here.
Councilman Hackett.
Councilman Spadola.
Present.
President Congo.
Here.
Eleven present and two absent.
Thank you.
Just as a um public note for anyone who is with us virtually, there is a Google Google form sign up link in the chat if you would like to give public comment.
Anyone who is here with us in council chambers, if you haven't already signed up for public comment, and you wish to give comment, you do still have time to sign up.
September eighteenth, 2025.
City Council met in regular session with remote participation.
I mean, I'm sorry.
City council met in regular session with remote participation on the above date at 633 p.m.
President Pro Temp Yolanda M.
McCoy presiding.
I make the motion accepted.
Second.
It's been properly moved and second for the minutes to be accepted as written on the question.
All in favor signify by saying aye.
Aye.
Aye.
Any opposed?
Motion carried.
Our committee reports.
June 23rd, 2025.
President and members of city council.
Ladies and gentlemen, we your community development and urban planning committee met by anchor location and remote participation to who was referred substitute one to ordinance number 25-018 entitled an ordinance to amend chapter 34 of the city code to allow residential tenants in city properties to deposit withheld rent in a city held escrow account.
Have given this ordinance careful review and recommend council vote on it at an upcoming council meeting.
Respectfully submitted those members of the community development and urban planning committee.
Those members present, Councilman Cabrera, Councilwoman Bracie, Councilman Fields, Councilman Hackett, Councilwoman McCoy, Councilman Owens, President Congo absent with leave, Councilwoman Willower.
I move that the minutes be approved.
I move the committee report BBC recorded and filed.
Second.
It's been properly moved and seconded that the report be received recorded and filed on the question.
All in favor signify by saying aye.
Aye.
Okay.
Any opposed?
Motion carried.
June 25th, 2025.
Ladies and gentlemen, we your health, environmental, aging, and disabilities committee met by anchor location and remote participation to who was referred ordinance number 25-033 entitled an ordinance to amend chapter 8 of the city code to create an education workforce down payment and settlement assistance program.
Have given this ordinance careful review and recommend council vote on it at an upcoming council meeting.
Respectfully submitted those members of the Health Environmental Aging and Disabilities Committee.
Those members present, Councilman Owens, Councilman Fields, Councilman Hackett, President Congo, absent with leave, Councilwoman Willower, and Councilwoman Cabrera.
I move the committee report be received, recorded, and filed.
Second.
It's been properly moved and second.
The report be received, recorded, and filed on the question.
All in favor, signify by saying aye.
Aye.
Any opposed?
Motion carried.
September 11, 2025.
Ladies and gentlemen, we are community development and urban planning committee met by anchor location and remote participation to who was referred ordinance number 25-044 entitled an ordinance to amend chapter 34 of the city code to require landlords provide written notice of tenants' rights and lease.
Have given this ordinance careful review and recommend council vote on it at an upcoming council meeting.
Respectfully submitted those members of the community development and urban planning committee.
Those members present, Councilwoman Cabrera, Councilman Hackett, Councilwoman McCoy, Councilman Owens, Councilwoman Willower, President Congo, absent with leave, Councilwoman Darby, and Councilman Field.
I move the committee report be received, recorded, and filed.
Second.
It's been properly moved and second.
The report be received, recorded, and filed on the question.
All in favor, signify by saying aye.
Aye.
Aye.
Any opposed?
Motion carried.
September 17th, 2025.
Ladies and gentlemen, we are intergovernmental committee met by anchor location and remote participation to who was referred substitute number one to ordinance number 25-027 entitled an ordinance to amend chapter two of the city code to codify the ability to schedule a referendum to amend the city's charter.
Have given this ordinance careful review and recommend council vote on it at an upcoming council meeting.
Respectfully submitted those members of the intergovernmental committee.
Those members present, Councilwoman Darby, Councilwoman Willower, Councilman Oliver, absent with leave, Councilman Johnson, and President Congo.
I move the committee report be received, recorded, and filed.
Second.
Second.
It's been properly moved and second.
The report be received, recorded, and filed on the question.
All in favor signify by saying aye.
Aye.
Any opposed?
Motion carried.
This time we will have our city treasures report.
October 2nd, 2025.
Total investments, 530 million six hundred and one thousand ten dollars and eighty-two cents.
Cash total cash on hand, 15 million eight hundred and fifty-nine thousand one hundred and thirteen dollars and seventy cents.
Grand total five hundred and forty-six million four hundred and sixty thousand one hundred and twenty-four dollars and fifty-two cents.
Submitted City Treasurer Dwayne Sims.
I make a motion that the treasurer property received recorded and file.
Second it's been probably moved and second the report be received, recorded and filed.
All in favor signify by saying aye.
Aye.
Any opposed motion carry.
I'll accept the motion to move to accept all non-legislative business.
No motion.
Second.
It's been properly moved and second to accept all non-legislative business.
All in favor signify by saying aye.
Aye aye.
Anyone opposed motion carried.
We will move to resolution.
Resolutions for recognition.
Councilmember Kabera.
Thank you.
And join me in recognizing Anna Maria Figueres.
If Anna and her friends and family could come up to receive uh the recognition while Anna is making her way forward, uh, one of the things that um I'd like to do during Hispanic Heritage Month is to recognize the unsung heroes in our community, the people who are behind the scenes getting things done.
We know that the people in front of the scene are constantly being recognized and people see them out there, but there's those people behind the scenes that really help our community move forward, and Anna Figueras is one of those people.
Where it is the sense of city council to honor individuals and organizations who have demonstrated outstanding achievement and deserving of recognition and acknowledgement.
She kept her passion for education, service, and community.
Whereas Anna has supported the Latin American Community Center, the LACC for the past 24 years.
She has spearheaded and participated in a range of initiatives, including financial education for both youth and adults.
And whereas over the years, Anna has taken on many responsibilities and embraced the variety of roles, all with one purpose to uplift and make a lasting impact on the Womington community.
Anna's commitment is a daily inspiration, and whereas here and then let's party.
Since 19 since 1968, National Hispanic Heritage Month has been celebrated annually to pay homage to Latinos who have shaped the United States and pay tribute to their ancestors who migrated from Mexico, Spain, the Caribbean, and South and Central America.
Throughout the month, Hispanic Americans are celebrated for their great contribution to American life through cult colorful culture, rich history, and diversity.
Anna Figueras contributions to the Hispanic community of Wilmington in the form of resources, information, empowerment, and advocacy for healthier, stronger communities builds on this proud legacy.
Now, therefore, be it resolved by the council of the city of Wilmington that this council is pleased to recognize Anna Figueras for her dedicated service to Wilmington's Hispanic community.
Job well done.
Okay.
Say a few words.
Okay, good evening.
I I feel so happy that do invite me to that one to give me a recognition for my job.
Believe me, I do from sight on my heart.
Because I look like I like to help the community in all the situation that they have.
For that reason, I still working at the Latin America Community Center for 24 years, almost 25, and I think I will keep going helping my community because they are in it.
Thank you all of you for inviting me.
Also for the recognition is no it's not I don't see like a personal recognition.
I see that how do the people work with the families um all the resident for the Wilmington.
Thank you so much.
At this time I would like Jonathan Galindo to please uh come forward my good friend Jonathan Galindo I have known him for years and he has worn so many more hats than what this resolution mentions he's been out here helping the community I remember one of the things that he did when we had few spaces to go and gather uh Jonathan became a promoter he would have Latin dances at different restaurants which really did help with the economic development and we had a good time back in the days uh it's been a while and everyone says they miss those days but Jonathan has moved on to fry bigger fish and do more in the community and he's going to tell you about specifically one of his programs but I'm going to read your recognition because it is well deserved and we thank you for everything you've done behind the scenes.
Where it is a sense of city council to honor individuals and organizations who have demonstrated outstanding achievement and deserving of recognition and acknowledgement councilmember Maria Cabrera recognizes Jonathan Galindo as one such individual and whereas Jonathan has demonstrated a commitment to empowerment and uplift throughout Wilmington's Hispanic community in his professional role he is a top producing realtor however his impact and dedication extend beyond his work responsibilities and whereas Jonathan's contributions in Delaware reflect his focus in building bridges creating opportunities and leaving a legacy of empowerment for future generations as marketing director for the Philadelphia chapter of NAREP the National Association of Hispanic real estate professionals Jonathan is instrumental in connecting Delaware to the national movement for Latino wealth building and home ownership whereas as the vice president of Alianza Delaware Jonathan has supported programs that provide education empowerment and resources for Latino families including youth initiatives cultural events and advocacy efforts he has also been a driving force in creating spaces for opportunity such as the business center TERRA which serves as a hub for Latino professionals and hosts resources like Dell One's Latino mortgage unit.
Now therefore be it resolved by the council of the city of Wilmington that this council is pleased to recognize Jonathan Galindo for dedicating his time creativity and leadership to ensure that the voices of the Hispanic community are heard.
Job well done okay good evening thank you for everyone thank you for the council member Maria Cabrera and to my friend the president to be Congo which I know seems high school years and all these 20 years of our life in Delaware we became a family what I want to say is that um I feel when I came over 30 years ago more Delaware than the Latino now because I want to help my community grow so everything I do is a reflection of helping everybody to progress to help each other to help the neighbors to help the neighbor um the the areas they will live to improve everybody's life because everybody deserves a better way a way of living everybody came to this place.
And everything I do through the nonprofit or everything I get involved representing the Latino community is always been my passion.
I dedicate so many hours of my free time to help the community through these past 20 years from helping um festival organizations current parade festivals and now as a real estate agent and helping families to accomplish uh the dream of being homeowners and stopping rent so um thank you so much for for this recognition I really appreciate to be here I can believe um I'm here standing up I would never believe I was gonna be here ever so thank you guys and um no thank you for everyone councilwoman Darby
Okay, Councilwoman Darby.
Good evening.
I have a um resolution here in recognition of the Innocence Project of Delaware.
Um, you guys can come up as we read the resolution.
So I'm gonna read in the after that you can introduce yourself and the work that you guys do for our city and state.
Um, whereas it is the sense of city council to honor individuals and organizations who have demonstrated outstanding achievement and deserving of recognition and acknowledgement.
Councilmember Shine Darby recognizes the Innocence Project Delaware as one such organization.
And whereas International Wrongful Conviction Conviction Day was established on October 2nd, 2013 by the Innocence Network to raise awareness of the causes and harms of wrongful convictions.
The Womitan City Council recognizes organizations like the Innocence Project Delaware that works to prevent reveal and correct wrongful convictions, free innocent individuals, and support them as they return home.
And whereas, according to the National Registry, there are about 3,724 known innocent people since 1989 in the United States, and five free individuals.
And whereas Innocence Project Delaware has received nearly 200 applications for post-conviction post-conviction assistance since 2020.
All of the free Delawareans identified as black men, and 67% of innocent Project Delaware applicants are black people.
Wrongful convictions are an injustice that rob an innocent person of their life, liberty, and dignity, and has an immeasurable personal, social, emotional, and societal cost.
And whereas cohorts police, eyewitness misidentification, false convictions, confessions, inadequate legal defense, official misconduct, misapplication of forensic science, and unreliable and unregulated informant testimonies are all factors that lead to wrongful convictions.
Access to post-conviction, DNA testing, and the ability to rent return to court to prove one's innocence are critical mechanisms for uncovering wrongful convictions.
Now, therefore, be it resolved by the council of the city of Wilmington that this council recognizes October 2nd, 2025 as international wrongful conviction day, and we honor the important work of the Innocent Project Delaware.
Job well done.
IPD is the state's only organization focused exclusively on addressing and preventing wrongful convictions.
Each case we investigate represents a person waiting to be heard, a family holding on to hope, and a justice system that we are working with every day to transform.
I don't have to tell you this.
You probably already know this.
Wrongful convictions devastate lives.
Innocent people use lose years, sometimes decades behind bars for crimes that they did not commit.
No one should remain imprisoned when evidence proves their innocence.
This resolution shines a light on past harms and it points us toward solutions.
On behalf of our clients, our exonaries, and every innocent person still fighting for their freedom, I thank you for standing with us today.
Oh no.
Okay.
I think this is yours.
Thank you very much.
Thank you.
Councilmember Owens.
Sorry about that.
Um, I just want to say thank you for all the hard work that y'all do in the community.
I know y'all um did a lot of work around the death penalty repeal as well, too.
So again, just thank you for all the work you're doing.
Thank you.
Thank you.
Councilmember Oliver.
Yes, I too would like to um give congrats to all the work you've done throughout the state and throughout the city, some of the names that you called off.
I know about three of them.
And kudos to y'all, and I see y'all out here, and I know the work I'll do.
So congratulations.
Keep up the good work.
Councilmember Johnson.
Uh well, I again appreciate all your work, all the work you do with the law school.
Um, I think it's remit, uh I would be remiss if I didn't mention you actually helped uh a part of a group effort with passing the wrongful conviction bill.
And uh that was a huge milestone uh past two sessions ago, and I know it's just active this year, uh July 1st.
So again, I appreciate the work, not only in community, but in Dover.
Um, and uh hopefully let us know on council how we can help make this change.
Thank you.
Thank you so much.
Councilmember Harley.
Good evening, everyone.
I am councilwoman Michelle Harley, and I represent the Fourth Council Matic District.
At this time, I would like to invite all of our black entrepreneurs to come to the podium.
All of our black entrepreneurs that are um in the building that are participating in the Black Restaurant Week, I would like you to come at this time and anyone else that is here to support you.
And while you're coming over here, I would just like to say that it is my honor and it is a pleasure on behalf that's right, clap it up for them.
I believe, along with Wilmington City Council, that although uh the uh black restaurant we uh launched, I believe, like in 2016, uh Wilmington City Council, as I said, along with our council president, um, we wanted to join um the movement.
We wanted to uh do our part to really recognize our black restaurant entrepreneurs here in the city of Wilmington, and to do our part to make sure that you have the visibility of that you have the support, and most of all, that you have the opportunity to attract new customers, residents from Wilmington and visitors as well.
So it is our pleasure and it is an honor on behalf again, as I said, President Congo and my city council colleagues to present this resolution to you on tonight.
So October the second, twenty twenty-five, as I mentioned already, on behalf of our council president Trippy Congo and all of the Wilmington City Council members, whereas it is the sense of city council to honor individual organizations, even events and milestones that have demonstrated outstanding achievement and are deserving of recognition and acknowledgement.
Wilmington Black Restaurant Week 2025 is such an occasion, whereas Wilmington's third annual Black Restaurant Week will be held from September 28th to October the 5th, 2025, concluding with the Black Food Festival on this Sunday, October the 5th, a community celebration featuring food tastings, food trucks, a student cook off competition, and culinary conversations celebrating the rich culinary traditions of the African diaspora.
Whereas Black Restaurant Week was founded nationally 2016 to highlight the flavors of African American and Caribbean cuisines while promoting and supporting Black culinary professionals, businesses, and workers.
In 2023, the Wilmington City Council, in collaboration with the mayor's Office of Economic Development and Office of Cultural Arts Affair, joined this movement by launching its own Black Restaurant Week to provide a platform for participating entrepreneurs to showcase their businesses, gain visibility, and attract, as I mentioned, new customers.
The benefits of this event last beyond the week.
It strengthens relationships with local businesses and bolsters resilience in vulnerable communities.
Now, therefore, be a resolved by the council of the city of Wilmington that this legislative body is pleased to recognize the participants, distinguished guests, planners, and volunteers of Wilmington Black Restaurant Week 2025 for their roles in elevating the presence and representation of the African diaspora within the culinary industry.
We also extend our appreciation for Flux Creative Consulting or Planes and Unified Creative Exchange for their collaboration on this event, as well as Newcastle County Chamber of Commerce, the Delaware Restaurant Association, and the Kenny Family Shop Right of Delaware for their sponsorship.
And we want to say well done to each and every one of you because again, we know that this is not easy for you in terms of this industry.
But Wilmington City Council is very proud of you, and we are very proud to present this recognition to each and every one of you tonight.
So since we have a lot of business to take care of tonight, um, we do have a copy of this resolution for each and every one of you.
I'm going to give it out, and we do um want each one of you to have the opportunity if you would like to to have a remark, but we're only gonna give you one minute because we got official business to take care of tonight.
Is that okay?
All right, let's give them another hand.
Please remember to introduce yourself.
Hi, my name is Nikita Thomas.
I'm the owner of Rooted AF.
It's a vegan restaurant located right down the street, 1313 North Market Street, inside of the Chancery.
Um thank you to for all of this, because I think when you're a restaurant owner or entrepreneur entrepreneur, period, we don't really have opportunities like these to kind of smell the roses.
So this kind of forces us to be present in moments like these.
So I really appreciate the city for acknowledging us.
Um, I didn't really get up here to say thank you.
I just will never miss an opportunity to empower people to heal because that's the reason why I started rooted.
And I'll say this the best way to start your morning is to drink 16 ounces of water.
Your body is digesting in the morning, so it's going to aid your body in getting rid of the toxins.
The next thing you can do is have a cup of tea.
If you have hypertension, you can do things like hibiscus.
If you deal with issues with pain, you can use things like turmeric.
Um, and overall, if you want to lose weight or live health, a healthier life, the best thing for you to do is eat real food.
Meaning, if it has ingredients, that means it did not come from the ground.
If you eat on the outside of the grocery store versus the inside, you will live a much longer, happier, and healthier life.
And I truly believe that at the very least, we deserve to be happy.
Thank you.
Hello, my name is April White.
I am the owner of Holistic Alchemy Brews, which is an organic herbal tea line.
So it is not a restaurant, but I wanted to bring something new to the community.
Our herbal teas are sold at the shop rights here through the Kenny family.
So we're in three out of the six shop rights, and we're able to bring organic herbal teas to the community.
And it's a loose leaf organic herbal blend.
Um, so I definitely commend everything she just stated.
And I am a chemist as well as a certified herbalist and a former pharmaceutical scientist.
So just to mimic what she said, just teaching people how to heal with things from the earth, and I specifically focus on organic herbal teas, and I'm so excited to be a part of the community and just to be honored today.
Thank you.
Thank you to everyone.
Good evening, everyone.
How y'all doing?
Good, how are you?
Hey.
How y'all doing?
Hi, hi.
Let's turn up the energy a little bit.
My name is Jason.
I'm one of the owners of Greenbox Kitchen.
My business partners sitting in the back.
A lot of you know who Green Box Kitchen is and what we do, but I don't think many people understand why.
19 out of the 24 census tracks in Wilmington, Delaware, has shown and prove that approximately 79% of Wilmington is categorized as the food desert.
If you don't know what a food desert is, food doesn't mean that you live more than a mile and a half away from direct access to fresh, healthy food.
In 2016, we launched a nonprofit Wilmington Green Box, where our mission was very simple to train, educate, and employ at risk teens while bringing people that lived in food deserts in the surrounding neighborhoods and communities with direct access to healthy, fresh food.
One thing came out of that mission.
After three years of doing work on the ground, the people from these very communities that lived in food deserts said that we get it.
Now, how do we eat healthier and where do we go?
In an effort to solve that problem, we created Green Box Kitchen.
And as we approach six years of successfully being in business in less than 30 days.
Thank you.
And we really, really do enjoy these remarks, but we really need you to bring it to one minute, and we will be more than happy on Sunday when we come to the Queen to hear everybody's story because we definitely have a lot of official business to take care of.
But we do want to hear from you, so we just want you to keep it to just like one minute, one or two minutes.
Thank you.
Hello, my name is Kia.
I'm the owner of the selfie restaurant.
I do not have those good foods.
I got good comfort food.
Okay.
And I am a nurse and I believe in eating in moderation, so that is healthy too.
You don't have to do it all the time, but I agree with that.
Um, I will say I will be a year in.
Um, I started this restaurant, it was very hard in Wilmington.
It is very hard.
I will say, but I made it a year next month, so I'm very happy.
And um, I do like to give back to the community.
I started this because I was homeless.
I love to feed the homeless the displaced.
I plan on doing another Thanksgiving, have it at the selfie restaurant, open it for everybody that is displaced.
So if you know anything, I would like to get engaged with more community things.
So if y'all know anything, let me know, please.
I will love to connect.
Um, and I just like to just say thank you for this opportunity.
It means a lot to me.
Um, being new to the city, um, you guys are very different.
And um I would say that, you know, but it's okay.
Um, I know how to work with everything, and um, that's it.
So come eat some good food.
Hi, my name is Sia Dempster Willie.
I'm an educator and a children's book author.
My book, Liberian Rice Bread is going, it's a story about my grandmother teaching me how to make bread, and I'm just thankful for the Wilmington City Council for allowing me this opportunity as a new author to celebrate our culture, our food.
So, thank you very much.
Well, I know I'm tired, so I'll keep it short.
Hi, everybody.
My name is Candice English, and I here I have with me uh my partner Keith Stewart, and we are owners of Mind, Body, and Soul Food.
Um, it is a vegan scratch-based soul food kitchen, and we um specialize in using wholesome or natural ingredients such as hearts of palm, jackfruit, banana blossom, things like that.
Um, the dream behind our vision was actually based upon me.
I've been vegetarian for 15 years, about vegan for about five years.
It's been a life changer for me because for health reasons, um, I tipped the scale at 320 pounds.
So I became a different person just being thank you.
So just being more aware and more conscious of what I put in my body and using more natural ingredients, such as my peers and colleagues here that are already in their vegan businesses.
So I inspired to be on their level too as well, and be able to push out more healthy options to our community.
Thank you.
Good evening.
My name is Rhonda Conway, and I'm here with my husband, Calvin Conway.
Uh we opened our food truck in May of this year.
Um, so we are extremely excited for this opportunity.
This is completely out of my element.
This was my husband's dream.
We started on a um a trailer with one grill, and we got so busy that we also had to get two grills, then we got incredibly busy and we're required to get a third grill.
And then God blessed us with an opportunity where someone had a customized uh truck built, and they um reneged on the deal.
So someone told us about it, and we had the opportunity to uh get it.
So thank you very much for this opportunity, and we look forward to working with the city of Wilmington.
At RFCF, we give everybody a free sample.
Your first time you come to us.
A free sample of our chicken.
Thank you.
Can I get my sample now?
Yeah, there's a food truck on top.
We hear Sunday.
Everybody gets a free sale.
Good evening.
My name is Lily Jordan.
Um I'm from the Calais Bay and you're gonna hear my accent from Haiti.
So I am the owner of Testicle Haitian cuisine in Wilmington.
Uh, it's a pleasure and honor for me to be here tonight.
I'm just happy to be here just to say thank you to the concept.
Thank you to everyone, especially the employee that come to support me.
Our food is healthy.
It's like you have a mama food every day.
So come and try it.
See you on Sunday.
Thank you.
Hello, good evening.
Um, my name is Jeremy McDonald.
I'm from Jamaica.
I don't want to speak Jamaican, because you may not understand, but I located on 2960 North Market Street.
Uh it's called Rum Punch Restaurant.
Anywhere you look us up, you can find us right now.
So please visit at 2960 North Market.
All of our seasoning come from home.
Thank you.
Uh, good evening, everyone.
My name is Varkeen Wilburn.
I'm the owner of uh King's Cuisine, Soul Food at the Riverfront.
Uh I just want to say um.
It's been a blessing to operate in the city of Wilmington.
I'm officially I'm originally a uh Philadelphia native.
I moved to Wilmington in 2007, which I uh owned and operated Metro PCS stores by T-Mobile, which I had a good relationship.
I actually own the store right there on Market Street and a few other stores throughout the state.
But I really just want to say, and I've expanded, you know, uh my business opportunities, career, etc.
through the state, the city of uh Wilmington, state of Delaware.
And it's just been it's been really uh it's been really nice.
City is very supportive.
The state is very supportive.
Um I gained some comfort uh through my lounge, uh delving into the restaurant business, having a small kitchen, and that's what kind of gave me the push and confidence to open a restaurant.
And um, although it's very challenging uh right now with the economy, we we do get a lot of support from the city.
You know, we we we're still having some success.
So I just want to say thank you to the city.
This is this is very nice as well.
Trippy.
Thank you too.
You're one of my customers from time to time.
So I appreciate you all.
Thank you.
Is everyone done?
Okay.
Okay.
Um at this time we're going to have some remarks from the different council members, real quick.
Uh Council President.
Council member Owens.
Thank you.
Um, first off, I just want to say congratulations to all the hard work that y'all put in.
Um, and I'm glad that we as a city can celebrate the culture, the the us coming together as a people.
Again, um, our community is sometimes under attack.
Sometimes we feel left out.
Um, so this is our way as a city to say we have your back.
Um I've even stepped out my shell, I've tried uh the vegan empanadas.
Okay.
Congratulations, everyone.
Thank you.
Johnson.
I appreciate the black excellence on display.
And what I want to know is that we're, you know, I want you all to know that we're here to support you.
I know in the past five years, um, when I was finance chair in uh when can't now that councilwoman Harley's finance chair, we've put over a million dollars into the small and minority in black businesses.
So that's one of the um things I'm most proudest of since I've been on council.
And so um I'm gonna say two names, Sean Park, James Williams.
If you don't know them now, they're the money men, okay, with the small business fund.
So if you haven't tapped that yet, if you don't have the relationships with Van Hampton, please, please, please reach out to me.
Uh Councilwoman uh uh Harley, Councilwoman Oliver, Councilwoman Bracey, I know is in that space.
We can provide you with the dollars.
Don't wait till it's too late.
So please reach out to us early so we can support y'all, not with just our smiles and clapping, but with dollars, because I know that's the most important thing, the small business owner.
Thank you.
Thank you.
Councilmember Oliver.
Not gonna hold you up, but um, congratulations to everyone for black restaurants.
This is uh heart uh heartwarming to see y'all around here and where uh money speaks, you know, put your money where your buck is, right?
So I've been to a lot of your restaurants as uh like a cousin of mine over at Miss So Food on Market Street.
We just ordered food from you for the Monday Club.
I'm constantly at Box, I'm constantly down the riverfront.
So I'm just proud of all y'all, and I do not come to your vegan.
So kudos to all you I mean, y'all should be proud of yourselves.
Thank you.
Okay, council member Willar.
Yes, I just wanted to say congratulations to you all.
It's uh challenging uh business, and I appreciate the love that you bring to bringing great food to Wilmington.
Also, I really want to um thank um Ms.
Tasty Creole for bringing Haitian food to the Fifth District and just your persistence and your um you know commitment to making sure that you're bringing your great food to the city of Wilmington.
So thank you all.
Thank you.
All right, other council members, last but not least, President Congo.
Oh yes, thank you.
Um I know this is just a very very proud moment uh for me as a as a council president, as a council member, just as a Womintonian, just to be able to be a part of the celebration of uh black uh greatness.
Um it's an idea that I did think of a couple of years ago, but I I did not do it by myself.
So I have to thank all of my colleagues, um, everyone uh in the administration of for uh Mayor Carney and also for uh from Mayor Prazicki's administration who helped put on uh Black Restaurant Week.
So I just want to thank all of you.
Thank you for everything that you have done for the community.
Thank you for enduring.
I know times have been really, really tough, but just thanks for sticking in there.
Like Councilmember Johnson said, just let us know if we can help in any way financially.
Um I'm really looking forward to Sunday.
Um I know it's gonna be a lot of fun.
You see, we all have our our uh women to black uh restaurant week uh shirts on.
So we're gonna ask, we're gonna take a picture with all of you before you leave.
Um but again, just congratulations, thank you again.
And look look, I'm already looking forward to how we can even do it um bigger and better next year.
And if you have any suggestions, just please let us know how we can uh just help you with the uh with the week next week.
I mean, next year also.
Okay, thank you.
Okay, so at this time we're gonna ask everyone to give line up up front, and then we're gonna ask the council members to come as well so we can take a quick picture.
Okay, all right.
I'll look out for you.
Okay, I would like for all the restaurant owners in the fourth district to just raise your hand.
If you're a restaurant owner in the fourth district, Riverfront, Market Street, uh Chancery, okay.
I just wanted to say just acknowledge you.
Y'all showed up and showed out.
I was I was about to say let's see.
We gotta get some more council presidents.
Okay, ready?
Okay, here we go.
Okay, thank you.
Good job.
Good job.
Don't forget to go on the home and get your picture with them.
Okay.
Um, at this time I have another recognition.
I would like to ask uh Miss Lacey to please come at this time along with anyone else that is here to support her.
So as she's coming to the podium, I just want to say that I believe um we met maybe like in 2016 when the city of Wilmington received ARPA funds.
I I have two communities that I believe that when you need more, you should get more.
So I had the opportunity to work with the neighborhood house, making sure um during that time they got between 10 to 15,000 to help the different um families, children and families there that had many, many needs.
Um, Miss Lacey is the director of the family services and homelessness prevention um at the neighborhood house.
Um she has a wonderful executive director, uh, Miss Allison Wendell.
Um, she's not being recognized, but I want to recognize her.
Put your hand up, um Allison, um, who is doing a part excellent job at the neighborhood house.
And so I saw on social media where Miss Lacey put in 32 devoted years of service at the neighborhood house.
And I just believe anybody that puts in that many years of dedicated service that that's right, is you can clap it up.
You can clap it up that puts in that many years of dedicated service, they deserve recognition.
So um I'm happy to be here tonight to present this recognition to Miss Lacey October the 2nd, 2025, sponsored council member Michelle Harley, whereas it is the sense of city council to honor individuals and organizations who have demonstrated outstanding achievement and deserving of recognition and acknowledgement.
Councilmember Michelle Harley recognizes Kelly Lacey, Director of Family Services and Homelessness Prevention and Neighborhood House Inc.
as one such individual on July 2026, 26, 2025, Kelly marked 32 years of devoted service at Neighborhood House Inc.
What began as a one-year commitment to work as a receptionist became a lifetime vocation in her current role?
She has supported numerous individuals and families as they work to maintain financial independence and long-term stability.
Whereas the Neighborhood House Inc.
was founded in 1927 to offer transformational programs that positively impact low to moderate income individuals, families, and c communities.
So to her three, I I feel that.
Some of her favorite pastimes are laughing, singing, and dancing with those who know her best.
Now therefore, be it resolved by the council of the city of Wilmington that this council is pleased to recognize Kelly Lacey for her dedication and services to the residents of the city of Wilmington.
And again, um Miss Lacey, I want to say thank you very much every time I call and we speak.
You know, you're very friendly, very kind, very professional, and I I really feel as though that they have a gem in you at the neighborhood house.
Thank you.
Thank you, Allison, for recognizing her being a valuable employee.
And again, congratulations and job well done.
Your recognition.
Okay.
We got a lot of you.
All righty.
All right.
Congratulations to you.
Thank you.
So again, my name is Kelly Lacey.
To God be the glory.
Yes, one year.
I asked the Lord to uh bless me with a job because I was unemployed.
And I asked him, I said, whoever hires me, I will be faithful and dedicated for one year.
And then I will continue my search.
Well, it's been 32.
Thank you.
Councilmember Oliver.
Yes, um, I'd like to say congratulations to Miss Kelly.
She helped raise me.
Her husband and my brother were best of friends.
But um, Michelle didn't exaggerate.
If you need any help, you call Miss Lacey.
She has helped out a lot of people that I know have called her on so many occasions, and she always says, don't hesitate.
So she helps everybody throughout the city.
And she will call you and say, Oh, you know, we got some funding coming.
So, Kelly, you know, kudos to you.
A lot of people get these jobs, and you don't know why they get them, but this is times like this.
We need people like you, so keep up the good work.
Thank you.
Councilmember Kaber.
Miss Lacey, I want to say that your name has come across um many lips.
When people tell me the help that they have received, and also referring people to you.
So I just want to personally say thank you for all those that you have helped.
Um, a lot of times we don't realize the impact of one thing that's been done through the years, and someone retells the story.
So you definitely have been out there a long time, and we really love you and appreciate you and keep up the good work.
Thank you for helping us.
Go get your picture taken.
That's it.
Go get your picture taken.
President Congo, um, to expedite time.
Is it okay if we take a picture right here?
Sure.
Okay, all right.
We're gonna line up right here to take a quick picture so I can get back in my seat.
She's in the hall.
She's in the hallway.
All right, baby.
There you go.
Three, two, one.
Uh gentleman in the half.
Three, two, one.
Okay, thank you.
Thank you.
Congratulations.
In the way of uh other recognition.
I don't know how from all of council, we would like to recognize the fifth and final salute to the legendary, legendary Riverside Mothers.
And I would like to recognize the 14th Pan African Global Trade and Investment Conference.
Also, in the way of sympathy resolutions from all of council, uh sympathy resolution for Robin Unthank and Darwin Coleman from Councilwoman Kibera.
A sympathy resolution for Anna Maria Hernandez from Councilmember Oliver Sympathy Resolutions for Abby Egosa.
Charles Ellis Harris, Evangelist Adrian Charlene Medford, and Charles Bryant Senior, and from Councilmember Owens.
Sympathy resolutions for Theodore Samuel Brown and Majorie Marjorie and Teresa Pervey.
But since it is already 7:30, we do need to take a vote to extend public comment past 7:30.
Motion to us then second.
It's been probably moved and second to extend public comment.
All in favor signify by saying aye.
Aye.
Any opposed.
Motion carried.
First, we have Deacon Earl Tate.
We do have a few members who are with us virtually.
We want to give public comment, so we're going to switch back and forth between those who are in council chambers and those who are virtual.
Thank you for joining us.
And please remember to introduce yourself.
You have three minutes.
Greetings.
And I'm here, and I'm here to the first the first comment uh is about is about the streets, the streets that have been that have been paved and everything is good.
But down on 26 and Jessup, that there's a hole.
There's a hole that is coming back, coming back in there, coming back in there.
And when the cars come down 20 26th Street, you could hear them.
You can hit them as they pass by, as they pass by the street.
So like so like we would like to get that hole, get that hole patched up.
Not patched up, but fixed up, fixed up so there would be no more holes in the streets.
Plus, also on 20 20 5th and Jessup, uh where there was an accident at and everything, somebody got killed.
But but but but uh but they left they left a whole lot of bottles out there out there, and we want we would like to have them move because uh because the little kids, the little kids that come out there to play out there, might might get in the habit of picking them up, picking them up, pick them up and hold them up to their mouth like they're drinking.
So they've been there long enough.
They've been there long enough.
We would like to have it cleaned up, cleaned up and cleaned up now.
Plus uh also uh in uh in response to to the seniors, to the seniors that that that live that live on low income that that own the house and everything.
Uh oh uh we all received the letter, received the letter about about uh the holes.
I mean, I mean about uh the the water pipes, the water pipes and and the sword pipes and everything, and about and about uh they need fixing, but but how can you expect us on low income to to do it to do it when uh when they was out here when they was out here fixing fixing on on the lines and everything?
We we thought that they had it fixed fixed by then, but but now but now we find out that that they want that they want us to fix it.
No, we can't yeah, 30 seconds.
So we need uh so we need help, help in getting it fixed.
But but that uh those are the three things that I like to that I like to speak on, and I like to have y'all have y'all to address.
Thank you very much.
Thank you.
Next, virtually we have Nicole Meih.
WITN is Nicole Mia still with us.
Uh Nicole Mihai, if you can hear me, please unmute your microphone.
Yes, I can hear you.
All right, thank you for joining us.
Please introduce yourself if you like to say that which district you live in.
If you live in the city, you may, but you don't have to.
You had three minutes, and once you have uh 30 seconds left, I'll give you a friendly reminder to to uh wind down your comments.
Thank you.
You still there okay.
We're gonna go to Ann Aviles and Aviles.
Hello.
Yes, thank you for joining us.
Please remember to introduce yourself.
You have three minutes.
If you like, you may list you may say what district you live in.
You don't have to.
Umce you have 30 seconds left.
I'll give you a friendly reminder.
Okay, thank you so much.
Um my name is Anna Vilax, and I live in the 8th district.
Um, and I wanted to express my support for um the bill 25027 um that seeks to strengthen transparency on community-driven referendums.
I know that um it's very important for democracy, especially given what is happening at the federal level.
It's very important that residents of um municipalities and cities have the opportunity to raise issues and concerns um to them, their families uh for their well-being, and that the community can have a voice in identifying problems and solutions.
So I just want to express my support.
I hope that um council will support this bill.
Thank you.
I thank you.
Next in council chambers, we have Lourdes Rivera.
Thank you for joining us.
I want you to have about 30 seconds left.
I'll give you a friendly reminder.
Good evening.
And my name is Saludes Rivera.
I live in the 5th district for the last 35 years.
Um I leave I'm a vice president of the Fifth District Neighborhood Planning Council, and I support ordinance 25027 from Councilmember Shane Darby.
This ordinance is important because it gave people in Wilmington a way to make changes to the city chatter, not only city council with these residents can collect signatures, just as citizen charter commission and have public meeting so everybody can understand and give their ideas.
As a community leader, I know many neighbors feel their voices are not heard.
This ordinance will have people take part in a big decisions that affect housing, family, and our neighborhood.
I asked you to pass ordinance 25027 so that the people women have a real voice in the future.
I also support ordinance 2501A from Council Member McCoy to amend chapter 35 of the city code to allow residential tenant in city property to deposit with her rent in a city her escrow account.
Thank you and have a good afternoon.
Thank you.
Thank you.
Next, virtually we're gonna go back to see if Nicole, if she was able to get back online.
Yeah, sorry about that.
Hi, my name is I live in oh, sorry, is it okay to start?
No, yes, go ahead.
Thank you.
Okay, thank you.
My name is Nicole Mihia.
I live in Wilmington, Delaware.
And I also want to show support for ordinance 25027 introduced by city council member Shine Darby.
And the reason I express support for this is because we need to have an opportunity for people to initiate changes, not just a council, and especially as we continue to see the state, the national context continue to ignore our interest or even push them down.
I think that having this recognition and this possibility at the city council level is super important for people to continue to be heard and the changes that we need.
So please vote in support of ordinance 25027, and thank you so much for your time.
Thank you.
Next, we have Brandon Fletcher.
Good evening, Council President.
Um, I'm here to speak in strong support.
Please introduce yourself.
Brandon Fletcher.
Um, I'm here to speak in strong support of ordinance 25018.
Um, to create stronger protections for tenants in landlord tenant disputes.
Um, this is not just a technical fix, it's a vital step towards housing justice in our city.
Too often renters live under the threat of neglectful landlords, unsafe housing conditions, or sudden evictions with very few remedies.
Um, and so by allowing rent to be placed in an escrow under certain conditions, this ordinance ensures that landlords can't collect rent while failing to uphold the basic obligations of habitability.
Um it balances rights, ensuring that landlords are held accountable while giving tenants um a lawful um structured recourse.
I also want to talk in support of 250 uh 7 uh because I think that the city should take every opportunity to try to strengthen its code um to strengthen democracy.
Um municipalities have a chance and um the responsibility to update and enhance the processes so that people have real power to make decisions.
Um that's how we prevent the dangerous backsliding into authoritarianism that we're seeing across this country.
Um, and I think that it's a good step forward.
Thank you.
Thank you.
Uh virtually we have Mighty Soul.
No, okay.
She dropped off.
And our last person for public comment is Cheyenne Miller.
Thank you for joining us, and please remember to introduce yourself.
Hi, my name is Cheyenne Miller.
Um, I live in the 7th district, and I also wanted to um come up and give support for the escrow bill.
Thank you so much, council member, for all the work that you put in.
I know you put a lot of years into getting this bill passed.
It's going to really help the city to have an escrow account.
Um, I also think it signals to the state that the state needs to step up and change the state's withholding laws.
Right now, people can only withhold a small portion of their rent.
Um, and being able to withhold um your entire rent is necessary for you to be able to hold your landlord accountable to get things done.
And so I think this signals to the state that we need to be changing the escrow laws.
The other thing I think is amazing is that we have a bill to change the referendum process.
And by changing it, it's just mostly clarifying it.
Um, the city has a amazing thing that most cities don't always have, and it's very rare to see this in Delaware, and it's a process for the people to be able to come out and take a vote on an issue that they care about.
Um that's like true direct democracy, and we don't get to see it as often.
Other states do have it, other cities have it.
Um this was used in the 90s when they made decisions around uh the residency law, and I think it would be amazing to make sure that that law is clarified and made clear and understandable for people so that they can participate and be able to um do a referendum if that's what's necessary.
And so I also want to say thank you for putting that bill up, and I hope you all will pass both of these bills today.
Thank you.
Thank you.
Now we will move to legislative business, so member Kerbera.
Mr.
President, I move council dissolve into a committee of the whole for the purpose of holding a public hearing.
Second it's been moved in second that council dissolve into a committee of the whole for the purpose of holding a public hearing on the question.
All in favor signify by saying aye.
Aye.
Any opposed motion carried clerk, please uh read the affidavit of publication.
Affidavit of publication, state of Delaware County of Newcastle, the Wilmington News Journal is a daily newspaper of general circulation printed and published in the state of Delaware.
That the publication, a copy of which is her attached here to was published in the said newspaper in the issue dates September 16th, 2025.
Sworn and sub sworn to and subscribe before on 916, 2025.
Um notary state of Wisconsin.
Vicky Feldman.
I move the affidavit of publication be made part of the record.
Second.
It's been moved in second that the affidavit of publication be made a part of the record on the question.
All those in favor signify by saying aye.
Aye.
Any opposed?
Motion carried.
Clerk, please read the planning commission report.
July 16th, 2025.
The honorable uh Ciara are Granardo.
Miss Granardo, dear Mr.
Gernardo, attached this is city council's for con City Council's consideration.
Our city planning commission resolution six twenty-five proposed amendments to chapter 48 of the city code to expand the types of uses permitted as a matter of right within the M1 light manufacturing zoning district to include commercial recreation.
I move the planning commission report be made part of the record.
Second.
It's been moved and second that the planning commission report be made a part of the record on the question.
All in favor signify by saying aye.
Aye.
Any opposed?
Motion carried.
We're going to ask me the representative from the planning department to please come forward with their report.
Thank you for joining us.
Good evening, Council President, Council members, members of the public.
My name is Abdurashid Dawudu.
I'm a planner too in the Department of Land Use and Planning.
Thank you for the opportunity to present ordinance 25048 at its third and final reading.
The purpose of this ordinance is to amend chapter 48 of the city code to define and permit commercial recreation and public assembly as matter of rights users in the M1 district, and that is the light manufacturing zoning district.
Currently, the city's zoning code prohibits these uses in the M1 district.
That means developers seeking to open a community center, event space, or recreational facility must first go through the complex zoning board of adjustment approval hearing process for a use variance.
However, the Department of Land Use and Planning has seen a clear shift in uses in the M1 district and also an opportunity to align the city's zoning code with current development trends.
A good example of this trend is the Chase Field House, which was approved as a public assembly and commercial recreation use through the ZBA through the ZBA variants in 2019.
Between 2022 and 2024, the Chessfield House has generated over 2.5 2.4 million visits and has created approximately 43 full-time and 45 part-time jobs and will generate around 195,000 yearly in post-abatement property taxes.
The key provisions of ordinance 25048 are as follows.
First, the ordinance adds clear definitions to the zoning code.
Public assembly is defined here as indoor or outdoor facilities where people gather for civic educational, religious, social or cultural purposes, such as community centers, event venues, stadiums, or places of worship.
Commercial recreation is defined as facilities providing recreational or entertainment activities to the public, such as fitness centers, skating rings, bowling alleys, arcades, and climbing gyms.
Second, the ordinance adds this uses to section 48246 of the zoning code as matter of rights users within the M1 districts.
Thirdly, it applies existing parking standards requiring one space for every 3,000 square feet of gross floor area, which is the same standard for warehousing and industrial users.
The advantages of this ordinance the advantages include several significant benefits for the city of Wilmington.
First, it drives the revitalization of underutilized parcels, especially in South Wilmington, where M1 parcels sometimes sits vacant.
This ordinance allows them to be activated for community serving purposes.
Second, it's directly supports economic development and jobs.
This uses generates activities that supports local businesses, attract regional visitors, and create employment in recreation, hospitality and entertainment sectors.
Thirdly, it ensures consistency with best planning practices.
Other U.S.
cities, including Los Angeles, Philadelphia already permit similar uses in industrial zones.
This updates, this update ensures Wilmington stays competitive.
Finally, we project no negative fiscal impact on the city.
The ordinance is not expected to impose any cost on the city.
Finally, the city council's findings, which also reflect the city planning commission's recommendations, confirm that there has been no opposition to this proposed amendment.
That the ordinance complies with Delaware law and applicable planning standards, and that it directly supports the city's broader development goals.
In conclusion, ordinance 25048 provides a clear, practical and future focused updates to our zoning code.
The rationale is strong.
The provisions are straightforward, and the advantages include revitalization, job recruit job creation, and alignment with best planning practices.
Thank you.
Thank you.
Do uh any council members have any questions?
Councilmember Oliver.
Can I make a statement?
Yes.
Okay.
Um thank you for that um presentation.
Um I would like to um apologize, not really apologize.
In the committee, um, I was confused with this whole M3.
I was thinking of another area because I kept saying um uh by um by the park, I mean, by um uh I'm looking at um parks and recreation, and somehow you kept saying, yeah, that's why I kept saying um, so I just want to put some clarity to this, and somehow you're saying, yeah, and I'm like, well, three-one by parks and recreation, I guess and what area, because I'm very familiar with uh South Bridge area.
Uh so long story short, now they have some clarity.
This is um this is a matter of right.
This is over by the field house um in conjunction with the 76ers, and I kept asking, or I did ask several of us six, what is going to be there?
And it was told nothing, but this is going to be recreational, track indoor track, movie, things of that nature.
So I know this may be your first or whatever um um hearing, but in the future at a committee meeting when we asked what it is, because we were I know I was talking about not voting for it because it didn't make sense, but after I did some research, now it makes sense.
So congratulations.
Um, I will be supporting it, but I was confused just to let you know.
Thank you.
Thank you, Councilmember Owens.
Yeah, um, so I am a little confused here because in that committee meeting it was stated that there was nothing that was triggering this legislation, it was stated multiple times.
Um, and M1 isn't you're not just changing it in one neighborhood, it wouldn't just be over in the South Bridge area, it would be M1 throughout our zoning map, correct?
Exactly.
Um I do have M1 in my district in two areas that I know that my civic associations would want to continue to have input if something like this was coming into their neighborhood.
Um, and from my understanding, please correct me if I'm wrong.
When someone goes for a variance, they have to reach out to the council member, they have to reach out to the community um and get that public input as well, too, and at least some buy-in.
So this piece of legislation looks to bypass all that, correct?
Yes, um, this legislation would make it a matter of rights.
That means um there won't be need for ZBA hearing process for it to be approved.
Have in the pairs, have you seen a difficulty with requiring developers having to work with the residents who actually live here to see if they truly want something in their neighborhood like this?
Actually, as it stands now for every um development that's coming to the city, we always encourage developers to meet with the neighbors with the neighbors, and um and oftentimes they meet with the neighbors, and um, and part of the um should I say regulatory um um activities we put forward is to have pre-development meetings with these developers.
So if the product if the projects they're proposing is not um viable to the community or it's gonna harm the community in any way, we the planners would believe um we use our professional um ethics on on the job to to stop this kind of um project, and we also encourage developers to also reach out to their counts to the district to the council members in the districts of where they are proposing such development, so it's not like they'll just have free hand to do whatever they like.
This um processes are still there and they're still intact.
But so if they're if you're encouraging these meetings already, um why would we need to take away the actual enforcement for when they want to change a uh a zone, right?
So this is saying it's suggested, but it's not required for them to meet with the community.
Whereas if we leave it the way it is, we still ensure that the community gets an opportunity to have their voices heard and get a public hearing to come out and speak out on this.
I know that development is key and critical to the life and growth of the city.
Um, but we also have to remember who put us in these seats, which are the residents, um, and they deserve a voice as well, too.
That's it.
Thank you.
Councilmember Harley, did you have your hand up?
Are you okay?
I'll wait.
Uh Darby.
Yes, I have um just a few questions.
Um so to provide safeguards for the community, um, would you guys, or could we have conversation about like requiring developers to have community like to um do community benefits agreements, talk about affordability standards, um public input channels, as our council member owens was talking about, anti-displacement policies, and equity audit.
Because my concern is it's like what the ordinance says, I think on paper sounds great, right?
Revitalizing underuse um areas, widen the city's mix use, we all track new businesses, increase public amenities, which sounds great on paper.
But when we look at the pattern and history of development in the city of Wilmington, we know that a lot of few communities have been excluded from that and don't feel included in the development that has happened in our city.
So for me, I will I will feel more comfortable if we're looking at and understanding the context of like what's happening here, the equity piece to it, um, for me to feel even comfortable in supporting this, because what I see is that a lot of times, and especially um people uh uh black and brown communities, low income communities, you go into these industrial, you change the zoning, and then the community changes, rent rises, right?
You because they like, oh gosh, we're about to get high-end restaurants now, right?
So the community starts changing, you see those things, and I saw that has happened in the city of Wilmington.
So that's what I'm concerned about with this piece of um legislation.
So I would love to see those things, community benefits agreements, equity impact, a track on how it's impacting the community, and if the community is being changed, those are the things that I would like to see.
I think by had getting taken away the by like listen, a matter of like use, like it's just gonna be by default, and they're able to have this mixed use.
I think it's gonna cause a lot of problems with development and the way our community um looks in the in the future.
So if I may just um address this, yes, yeah.
Um thank you for the comments.
But um again, I must um point out that M1 district is not um residential.
So um as um it's not a resident, it's not residential districts, you know, it's manufacturing district.
So um I I don't um see I don't think it's going to affect um displacement in in any way, rather it would um create opportunities for more housing because once this business is start to thrive in M1 districts, it would um make developers to want to build housing in residential neighborhoods.
Can I follow up with a question?
Yes.
Aren't M1 districts near a lot of residential communities?
So M1 districts have barriers already, you know.
So and um this kind of users cannot, they're already like um limited places for where we can have this kind of um large scale development, you know, and mostly it's gonna be in South Wilmington.
Yeah, so there are residential neighborhoods next to M1 districts, is that correct?
Yes, yes.
So I know what M1 means and what it is, so I wasn't saying that it's residential.
What I'm saying is that when you have residential communities surrounded by M1 historically and communities that are black and brown and low income, you start seeing displacement because now you have landlords and developers who see this community is about to come up, right?
We're about to have high-end restaurants, we're about to have high-end apartments that people can't afford, right?
So then now the community starts looking different in the surrounding neighborhood.
I'm not talking about within the M1, I'm talking about we live near M1.
I can think of so many communities that are by industry um by M1 manufacturing um throughout the city, especially in the South Bridge neighborhood, which I fear that it's not gonna be the South Bridge I know growing up and the South Bridge I know today, because of the development that's gonna happen in the next 10 years, it's not people are not gonna live there.
It's not gonna be the same South Bridge.
And I seen that happen throughout the city because of the type of development and the patterns and the type of development we do here in the city.
And when you look at the data and research when it's near black and brown in low-income neighborhoods, it changes and it displaces people.
Thank you.
Councilmember Harley.
Well, thank you.
Council um president.
So first of all, uh to my understanding, any type of zoning areas, if a homeowner or business owner seeks to want to change it, they can go before the zoning board.
So if this changes from what it is to residential or the light manufacturing, it's it's not in stone that if another, like I said, business or if there is another type of entity that needs a different type of zoning, that's what the zoning board is there for, to my understanding.
So none of these zoning districts are what you would consider in stone if someone applies.
I mean, every week, every month, the zoning board meets to listen to those in the community that if they want to do some type of whatever it is, not just development, open up a business, uh whatever it is, they apply to the zoning board.
So I just wanted to make it clear that this is not doesn't mean that it's in stone, and if you wanted to do something differently there, that you cannot do it.
To my understanding, and you know, you can speak to that if you want.
Not only that, but for those communities when there are these types of uh requests that come in the community, there's notifications that go out to the community for them to weigh in.
And I do think that we ought to allow those that live in those communities that are near these areas to speak for their their community.
And as of today, um, there has not been any opposition to my understanding as it relates to those areas in the manufacturing areas that are around the waterfront areas.
Thank you, Mr.
President.
Thank you.
Councilmember Johnson.
Um I appreciate the planning commission um work and uh I I took a deep dive into the zoning code, and I've always been an advocate of we need to perform our whole zoning code as you I've made many changes to the zoning code since I've been in office, and I think um we can hit a right tone, but I do have concern because um it's not just riverfront, it's it's the 7th district tremendously.
If you know I have manufacturing right in my district, and it affects I was in a civic meeting last night um about the methadone clinic, and that's one of the biggest things.
I have the biggest methadone clinic in like the county in my district.
Okay, and people ask, Well, how was that allowed to be there?
And I say, Well, I don't know, I wasn't in council then, and so it was allowed.
And so that's a problem.
So I I think it's the public assembly uh definition, and honestly, as a wordsmith that gets me.
I get the commercial with the sports and fitness, those things, but then you add the public assembly with uh cultural purposes, social services, community centers.
That could be a clinic, right?
That could be some other uh type of entity there.
So that's uh I think it should be a more narrow definition.
I like the commercial recreation.
I think we shouldn't encourage health in a community, but the public assembly, I think the wording is a little bit too broad, frankly.
And so that's my I know we each have different takes on it.
That's my concern is that assembly hall, community center, conference and event, social services, like what's social services, right?
Is that a clinic?
Is that a is that a halfway house?
Like, you know, that's something we fight.
So I I'm not gonna say never.
What I'm gonna say is I don't think this language quite gets it.
So I don't know, maybe take it back to committee.
We could work on this more.
Um I have not had conversation with administration about this piece, frankly.
Big important pieces, they usually call.
I have not gotten a call on this piece.
So um, you know, I'm gonna say I'm not there yet.
Um, but I think we can maybe do some work on this.
Yes.
So we can um definitely work to narrow down the um the the language, but the intent is to um allow places of worship, community centers, you know, event centers, you know, where woman family can actually um seats together and um and be together as a family.
That's the intent of the legislation treaty.
Thank you, Councilmember Spadola.
Never mind, Council President.
Thank you.
Any other council member Willower?
Um yeah, just being um I did look at the zoning map, and there are the M1 districts that are you know pretty close to neighborhoods, pretty close to residential um communities, and these kinds of uses.
I just think it's important for the community to have the opportunity to weigh in.
So I'm not sure it makes sense to make this these uses by right in M1 districts.
I think that the current situation where they have to go through a variance enables that um community engagement to be required.
Thank you.
Any other council members have any questions?
Councilmember Harley.
Yes, thank you, Mr.
President.
So to um the gentleman there, again, if an entity needed to um apply for a specific zoning, would they be able to where the community could weigh in?
That that really is the point that I wanted to make as it relates to if this uh legislation passed tonight and there's an entity that wanted to uh change it for whatever reason, wouldn't they be able to apply to the zoning board to be able to do whatever work that needed to be done?
So um it's about mixed use, is that correct?
No, it's not really about mixed use.
Um it's just adding those um specific languages to the um to the to the users that are allowed in M1.
But your question about if um it if someone wants to do something different in those M1 districts, you know, um this proposal is not actually changing the existing requirements in the M1 district.
So definitely if they want something, there's still an opportunity for them to um come forward with what they're proposing and we'll look the we'll look at the viability of what they're proposing and see if it's something the planning department can recommend.
Follow up, Mr.
President.
Yes.
So I'm not saying this particular it this legislation is for mixed use.
What I'm saying is could both reside in the same area.
That's what I was asking.
So if it was currently um a waterfront area and a church wanted to build something um like a commute, like uh uh a hall, a dining hall, I mean mixed use from that that perspective.
Okay, that's in the M1 district if they want to build like a church in the M1 district.
Is that a question?
Yes.
Yes, this um that will make it allowed as a matter of right, given this proposal.
So today, if they wanted to build it, what would that look like?
Would they have to apply?
Oh, yes, right now, as a stance, they will have to apply through the ZBA for a hearing process and because right now commercial recreation and um public assembly and um the church would fall under public assembly right now.
That is not um allowed in M1 district.
Please thank you.
You answered my question.
That's what I have, Mr.
President.
All right, thank you.
So if I'm hearing it uh correctly, right now there needs to be community involvement.
If this passes, there wouldn't need to be community involvement, correct?
Correct.
There's still a form of community involvement.
You know, the difference is that it's there won't um this will bypass ZBA.
And um and ZBA does not necessarily mean community involvement because even as it stands now with this proposal, um, developers will still have to meet with the community before they can build.
That's what I have.
So that community involvement is still there, will still be there with um with if this is approved, still is not taken away.
We're not um dividing, we're not um taking away that community involvement from this, but rather we're just trying to make um we're trying to save the time, we're trying to save some hurdles, some um developmental some development hurdles that's already standing correctly.
That's just what we're trying to take away.
But the community involvement um piece of it will still be there.
Okay, just a follow up.
Does the ZBA usually lean on communities involvement on their wishes and their experience?
So from my understanding of the ZBA is that um the look at um the test hardship, the um the developer would have to prove hardship, you know, and that means that um the project they are trying to they're proposing the the current legislation is not allowing them to do that, and they will have to uh they will have to pass the hardship test.
You know, so it's the ZBA is more about the hardship test, the developer to pass the hardship test more.
It's more about that than community actually.
Okay, thank you.
Councilmember McCoy.
Thank you.
Um so I just wanted to give a little bit of um information when it came to the ZBA.
I've done quite a few and gone to these meetings.
Uh yes, they will um they've asked the council person and also the community for their opinion, but as uh the gentleman stated, they are based on proving a hardship if they're unable to um if they've already purchased the land, that's another thing too.
If the land is already purchased, then they will mostly sway toward who actually owns the land.
Um I've actually had community come out and who were not in favor of something being built, but because the um because it was already zoned a certain way, it was you know, we really all we could do was basically uh give our opinion and give our opposition to it, but it still came.
Now, thank goodness, you know, it worked out, but that was the first time I actually realized that when something is zoned, you don't they don't always have to come to the community.
It is a um to almost like a pleasantry, making certain that the community is involved.
It's not it's not a policy, it's more like a practice.
And I do feel like we need to make certain that it is a policy if we wanted to um if you wanted to circumvent and make certain that M1 is something that you don't have to go to the ZBA, it has to be a policy that the um that the person, yeah, that the uh person has to go to the community, and then also give the opportunity for planning to be more uh closely involved with the council person because the councilperson already heard about what's going on.
It's lots of times we're getting information from planning telling us what they would like to see happen rather than having this conversation back and forth to find out whether or not this is something that would work good for the community.
That's all I had.
Thank you.
Do any other council members have any questions or comments?
Does anyone from the community and council chambers have any comment?
Any questions?
Is there anyone virtually who has any comment or question?
I have a question.
There is someone from the community once you may come forward, ma'am.
I am going to ask Kobe.
Can she can you let her sit right behind you, please?
Thanks.
Thank you for joining us.
Please introduce yourself.
Okay, my name is Dora Williams, and um I do not live in the city.
However, I am a part of um St.
Andrews and St.
Matthew's um housing task force, and also I'm a part of um Delaware Concerned Residents for Environmental Justice.
And I would like to ask um a question about the buy right feature, because I am um acquainted with that from Newcastle County's comprehensive plan.
And I've I understand it correctly is that when a um parcel of land is by right, it is already owned, and the community usually does not have the right to interfere.
And whatever the situation is that whatever event is um initiated regarding by right, it's usually just administrative.
It doesn't really have anything to do with whether the community wants it or not.
So I don't know if that's what we're talking about, but it sounds like it.
So thank you very much.
I have to say, and I'm concerned about that.
Thank you.
Thank you.
Is there anyone else from the community in in Council Chambers?
Is there anyone virtually this here?
All right, going to take it back to council, council member Oliver.
Uh thank you, Mr.
President.
Now I'm going to piggyback off uh um a little bit what um councilman Johnson said.
Um this was confusing in the committee meeting.
And sometimes we need people whoever is you know, handling this or whatever.
Sometimes we need individuals to come in and speak on their behalf.
Because sometimes we don't know everything.
And um, like Chris said, um, you know, I'm just gonna say sometimes if you have a project, you need to come in and speak on it sometime because we just don't know all the ins and outs of everything, and sometimes it can be a bit confusing as um now I'm I'm listening to Councilman McCoy, and I do remember we were in the hearing, and if they owned the property, really the the lady saying the same thing, the community didn't have much to say.
And I think we we're sitting up here like like this is a you know, taking this real lightly, and I think it's more of a conversation that we should be having on this, and I don't and I'm you know, I don't know.
Uh I see both sides, but sometimes you need to have more of a conversation about some things that's affecting because this sounds like it's gonna affect a lot of communities.
And then I'm hearing that you know, we can come in front of it, other communities come in front of it and make a suggestion about um what they may want there, but if they don't own the property, what are they coming out at?
So I'm a little confused myself, so it's weird, but I do know I was in a zoning with McCord and it was a lot of community residents, and it didn't mean anything.
But this is not in that area.
This I mean it's kind of like it's kind of offset.
I just want to make a statement.
All right, thank you.
See no other hands raised, no other concerns from council members, council member Kabara.
Thank you, Mr.
President.
Um, I have to admit I was confused trying to understand the difference on what we currently do, why we're changing it, and you know, and how does that impact the community?
So, in trying to get clarity, what I did discover is that this ordinance is updating and modernizing our Wilmington zoning laws to reflect the current use.
So this change does what we would want to have in our community opportunities for investment in family-friendly recreational activities.
This is not about building clubs or corner stores.
This is about providing an option for our residents to have fun and safely gather and assemble.
And from reading when someone brought up what does assembly mean in the legislation, public assembly means an indoor or outdoor facility or place where people gather for civic, educational, religious, social or cultural purposes.
That definition encompasses uses such as assembly halls, community centers, conference or event venues, auditoriums, stadiums, banquet halls, and places of worship.
So a church can go there as well.
Right now, in a manufacturing zone, none of those things could be placed there.
Only manufacturing can go in there.
And manufacturing can cause just as much harm as we saw in Southbridge with that recycling plant that stunk up the whole city from near and far and into North Wilmington and eventually got shut down because it just wasn't a good use, but it was allowed to be there because it's manufacturing.
Right now we have commercial zones like downtown.
So if somebody wants to put a restaurant, they go through the commercial zone.
They still have to go through the licensing procedures that we have in place.
That is not bypass, just that they can go into a commercial zone, and that's what the use is allowed there.
So right now, we can't put these type of business, we can't put anything in those M1, M2, M3, and they're already adjacent to communities, but there is a buffer because manufacturing requires that there's a buffer for the safety of the community.
It can't be right next to it.
And I think the things that we're talking about are pretty large versus I know there's M1 zones in different areas of the city, but in one of those M1 zones, as pointed out by Councilmember uh Owens, a person could put a church now without having to go through all the hoops, which means a church would be allowed in M1 in those areas in different neighborhoods.
Um, but to have like a facility, like uh a sports arena or something like that, there's only few places in Wilmington that would lend to that.
I remember reading the article about the POW wanting to put a recreational center in a pool.
So let's say that they were to be choose the land near an M1, this would permit for that to happen in M1 where currently it does not.
They would have to show hardship, they own the lands, things like that, as we mentioned.
Um but if you know council members are not clear and want to sit down and have further conversation, I had to have further conversation to understand it.
I mean, I know that I'm the sponsor because I'm the chair of the committee, but that doesn't I mean I understand every little detail.
So I picked up the phone, I asked questions.
I wanted to be clear about what is allowed and not allowed for all the reasons that were stated here today.
But looking at this, this is stuff that will promote more gathering spaces and recreational facilities that our families can enjoy, which they are doing now, because a lot of our city children do participate in activities at the 76ers Sports Arena.
My grandson has played there multiple times.
So that is um that is what the legislation is.
Yes, well uh just before we uh proceed, I'm gonna give uh deputy chief of staff Daniel Walker an opportunity to come and speak.
Thank you.
Thank you, President Congo, members of Wilmington, City Council.
Uh, for the record, my name's Daniel Walker, Deputy Chief of Staff to Mayor Carney.
I want to uh provide some insight into some of the comments that I heard uh tonight in order to provide a little bit of clarity into what this does and will not allow.
There are um two things that I heard that I want to make sure are clear, uh, one of which is Councilman Johnson, we wholeheartedly agree with the impact that certain services can bring to communities.
Um, which is why you know we are working diligently to rectify those situations.
With disregard your mention of the uh broadness of the public assembly definition, specifically with relation to social services and clinics.
Uh, just want to make sure we state that clinics will not fall underneath this um definition.
Uh, secondly, I know uh gentrification came up and is a reality for a lot of communities uh across Wilmington, uh, specifically with regards to investment that could be done once some improvements are uh made.
Restaurants came up.
Restaurants are also not included in this uh definition for the recreational uh activities.
We want to underscore two important things.
First of all, right now a lot of these M1 districts have uh dilapidated and deteriorating property in them, and it's because they're not uh viable investments, considering the cost that it takes for individuals to come before the ZBA.
The ZBA is a body in which individuals have to do their due diligence, and as people looking to do business in this in our city, that should be required.
However, the requirements for that are hefty.
It requires planners, architects, many cases engineers.
That limits are small and minority businesses looking to transform these dilapidated and deteriorating corridors in Wilmington.
Additionally, this is about letting people know Wilmington is open for business.
People are making investments now differently than they did when I was a child, differently than they did five years ago.
Um I never thought I would say this, but chat GPT is real, and people and developers across the country are using AI tools to find places that are ripe for business now.
They are not looking at tools and areas where they have to go through a prolonged and protracted process that doesn't guarantee an outcome.
That limits Wilmington's potential to get elements that families, residents, communities have begged for.
Where we need recreational activity for our children after school.
We don't have large swaths for land in Wilmington, but what we do have are parcels that are currently underdeveloped.
They're looking for that opportunity.
So two things I want to underscore.
One, our current process is disincentivize for small and minority businesses who are coming to find recreational activity.
We don't think that's fair to them, but that's the standard right now with the C ZBA process.
Secondly, people aren't looking to invest in areas where the outcome is unsure.
And so the purpose of this proposal and why the land use and planning department put it forth is to be reflective of what other cities are doing, what our code is currently silent on, and what impacts the people we want to help the most.
And do the things that we say we want to do.
Provide outlets for family oriented fund, provide outlets for community engagement, provide outlets for community participation.
That's all I have, Mr.
President.
Thank you.
All right, thank you.
Thank you very much.
Councilmember Owens, did you have your hand raised?
Yes.
Yeah, I did.
Um, thank you for that, Deputy Chief of Staff uh Walker.
Um, but I'm gonna bring it back to my points.
Um so again, this is taking away the voice of the community to have an opportunity um to have a say on this.
And it was stated um two speakers ago that there's nothing like this already happening in the M1 um district.
But if you pull up the zoning map, the Chase Field House is currently in that.
That's a recreational zone that has brought more traffic, and it's also brought entertainment, and it has been a benefit to the city.
But again, we should give the right to the community that lives near these facilities that they want to bring in the opportunity to at least have a say in the process.
And that is all I am saying.
Anyone who knows me knows I'm very passionate about community centers, regardless of where they're at.
I have three in my district alone.
Um, but since the POW was mentioned, I will say the property that the POW is building, it's in the county, and we have to follow all the county zoning.
We had to work with the Penrose community.
We had to work with the Northwest Civic Association, we had to work with the first district planning uh council, and we bought everyone in on that planning.
The same thing happened when we brought a new library to the first district.
Everyone came around the table and had an opportunity to have a say on what was gonna go in and what was gonna be beneficial to the community.
So again, that's how it should be done.
It shouldn't just be a developer coming in saying this is what we're gonna put there and this is how we're gonna make money off of this community.
We should at least give the opportunity to the community to say, hey, maybe we don't want all that extra traffic.
Maybe we don't want a concert hall, maybe we don't want this or that, right?
If a church is in a community, they're doing work in the community.
I don't think this, I don't think any of us have an issue with a uh place of worship trying to expand their services.
That's not what I'm saying.
I'm sure that's not what other people are saying.
I'm just saying give the community an opportunity to continue to have a say in this process.
And it's just like any other zone, right?
Any other zoning, if you are trying to pick something in that does not fit the current zoning, you just go through the ZBA.
You have that community input.
When we make it matter right, we take that away from our community, especially for something like this.
That's all I'm saying.
Thank you, Councilmember Johnson, then council McCord.
I appreciate uh again, uh similar to Councilman Owen.
I appreciate Deputy uh Chief of Staff uh Walker.
Uh I certainly share a lot of his views.
Um, some of the looks of uh what I've supported, um very pro-business, very pro uh community as well.
So I think there's a way to do it that we can it can be more nuanced.
This is something that frankly uh I think is uh involves a lot of small meetings, involve a lot of um trying to work with us to curate away, changes some some language, but this is a big step because again, we don't want to look five, 10, 15 years from now, and we have these things in our neighborhoods that people say, well, why is it there?
Is there because council um, you know, back in 2025 voted on this.
So I understand the sentiment we want to build, we we incentivize building, but we also need community input, and that's what I know I'm a champion of on the west side, and we continue to do it, and we can get entertainment venues.
We need to improve the ZBA process.
Uh, I'm gonna just say the chair of the ZBA.
I've I received complaints that they don't reach out as a community meeting Monday that the when you call, they don't reach out.
Let's improve that process.
Let's approve the chair and the staff working for the chair.
Why do people reach out and don't get a response?
That we should fix as well.
So I'm saying, not because I don't say no, never.
I'm gonna say, let's improve the ZBA process in general, um, sit down on the table and and get this the right way.
Thank you.
Councilmember Bracey, then council member Field.
Thank you, uh, Mr.
President.
I think Councilman Johnson just hit what I was gonna say.
People keep bringing up community, community community, but the and and that we're taking something away from the community, but it's not there now.
If I'm hearing correctly in the current zoning process, even if someone goes to the zoning board, they're going to the zoning board with all of their paper, with all of their plans, with all of their, you know, you know, the you know, everything that they've done as far as what's required by the zoning board, but what's not required is community input.
It's it's suggested and encouraged.
So we're not taking anything away because it's not there now.
So I think there's another conversation that needs to be had about how do we make sure that there is a requirement for community input.
Because we're not taking something away, it doesn't exist.
It's suggested and encouraged.
So I think there are two conversations that are going right now.
And um, I'm not sure how we resolve it, but I think that there really is two different things that are happening right now.
The legislation that we have in front of us doesn't take anything away from the community because we still haven't fixed the process.
So I think there's a process piece that if people care about making sure that there's a requirement for community input, we need to go back and look at that.
Thank you, Mr.
President.
Thank you, Councilmember Field, then Councilmember McCoy and Councilmember Harley.
Yes, so I I just think this is too complex.
The discussion, it's too unclear what the end goal is.
It's too, it's not clear what the problem is that this legislation would be solving.
It's not clear that there won't be unintended consequences.
And I think if it's that important, then land use and planning and the mayor's office need to be working the phones before the meeting to build up support for it.
And so I think this my suggestion is that this be withdrawn and the proponents of it can address these questions and likely bring it back to gain support in the future.
All right, thank you.
Um I do feel like we need to actually bring it back.
Like I stated, it's supposed to be it's suggested, it's not really required when it comes to community uh input.
And if it's such a hardship, getting all of that material together for the zoning board, if you were able to just do it with planning, but then still get a chance to um have those conversations with the community with the council person, and then the councilperson meets with that entity and planning, I feel like then you'll finally get find out exactly what's happening in this area for them to put together a presentation.
And a lot of times by the time it gets from the uh from the community center presentation to the zoning board, it looks different, but yet they're still look they're still wanting support.
So I just would suggest uh when it comes to this piece of legislation, making certain that um if you if they don't if they you wish for not, I'm sorry, if you wish for them not to have to make so much of an investment, a financial investment in order to put together plan, the community needs to be involved early on, just early on.
So that way we do not lose out on disinvestment.
We don't want anyone to waste any money, you know.
That's but we would like to see things happen within our communities, but we definitely want to make certain that our community has support for what's whatever's coming.
Councilmember Harley.
Yes, thank you.
Um, Council President.
So um I I do want to echo the the sentiments of uh council member Owens as it relates to um making sure that we have community um input because I know for a fact that today there are a number of projects that take place where the zoning board has to make sure that there is community input.
So as it relates to the matter of right use, is there any way possible that there could be a clause based on community input with the community um you know, having the opportunity to be heard, if I'm not mistaken, um I thought that and and I'm not 100% sure, so I'm putting that out there right now that when we discussed the marijuana bill, um there were certain areas uh that were considered M1, but the community had to weigh in.
Like they just couldn't automatically decide um to open a marijuana uh uh a business because this M1, but they had to uh make sure that the community weighed in on it.
So I'm using it as an example to my understanding, and I am hoping that we could consider something along those lines um for this as well.
So that's that's what I have to say.
Um, Mr.
President.
Thank you.
Mr.
Yes, Ms.
Yeah.
Um, is it okay to also invite my planet manager?
Sure.
Mr.
President, I think at this point with everything that we're hearing, the input that we're getting from our colleagues.
I believe that everyone needs a little bit more time to digest this to you know see exactly how it works and to maybe put some of those parameters that we discussed.
So at this point, we're gonna hold it.
I don't think we need to continue with public comment.
And then Mr.
President, I move that council return to the regular order of business.
Second, it's been moved and second that council return to the regular order of business.
Okay.
All in favor signify by saying aye.
Aye.
Any opposed motion carried.
Are we going to move forward with the committee report?
Or is that okay?
Oh, maybe Councilmember Cabrera, do you have any other legislation?
Yeah, Mr.
President, that is it.
Okay.
Councilmember Owens.
Mr.
President, I have an ordinance to present and call for the first and second reading.
Second ordinance number 25-054, agenda number 0113, an ordinance to establish a temporary moratorium on foreclosures due to property tax increases as long as the owner is on a payment plan.
First reading of the ordinance.
Second reading of the ordinance.
Mr.
President, I move that this be known as the first and second reading of the ordinance referred to the finance and economic development committee.
Second.
It's been properly moved and second that be known as the first and second reading of the ordinance and referred to the finance and economic development committee.
Mr.
President, I have an ordinance to present and call for the first and second reading.
Ordinance number 25-055, agenda number 0114, an ordinance to amend chapter 37 of the city code to prohibit the parking of tow trucks on city streets.
First reading of the ordinance.
Second reading of the ordinance.
Mr.
President, I move that this be known as the first and second reading of the ordinance or referred to the public safety committee.
Second.
That be known as the first and second reading of the ordinance and referred to the public safety committee.
Mr.
President, I have an ordinance to present and call for the third and final reading.
Ordinance number 25-033, agenda number 0071.
An ordinance to amend chapter 8 of the city code to create an education workforce down payment and settlement assistance program.
Second.
That be known as the enacting clause of the ordinance and called for a yay or nay vote on the question.
Mr.
President, before we get to that, I have a floor amendment for item 0071.
This I make a motion.
So please bear with me here.
This again is creating new language.
Again, this is for people who work in the main office.
A resolving loan fund shall be established for the purpose of making available loans of grants or capital budget funds to eligible homeowners.
That's taking that out.
Number three, inserting the following language to create a new section 8-7 CX.
And X will uh say employment conditions shall be certified by school district annually on the date of settlement.
Um is deleting 120% for the Wilmington AMI and substituting that for 100%.
That is in line with what you see on the screen here in our current program.
Um and then page five is just adding um the following impact statement.
There's no anticipated um financial fiscal impact as the city um will use uh CDBG grant funds and other um program funds.
Second are there any questions about the amendment?
Councilmember Oliver.
Thank you, Mr.
President.
I just like to make it clear for the public that there's um no um impact from our constituents from the city of Wilmington.
There's no fiscal impact from taxpayers.
I like to be added as a co-sponsor.
Thank you.
So at this time we're going to uh take a vote on the amendment.
Yes, Councilmember McCoy.
I know.
I'm sorry, vote on the amendment first.
All in favor of the floor amendment, signify by saying aye.
Aye.
Any opposed motion carried council member McCoy.
Did you have any questions?
Uh no, I didn't have any questions.
I was just gonna make a statement.
Okay, council member Owens.
Yeah, so again, um, this year, City Council has made great strides to get involved with our fight to create better schools for our city um residents, especially our youngest residents here, and a part of that is being able to recruit um and retain quality educators and individuals that work within our school systems here in our public schools and public charter schools within the boundaries of the city of Wilmington.
This legislation again will help us with that.
We have an amazing first-time homeowner buyer program right now.
This just tellers our focus into uh looking um to help um recruit and retain um people in our school systems.
And again, this legislation um was it it was birthed out of many conversations with educational groups um as well as um the DSEA as well, too, and members of union.
Um, so again, that's why I broke this forward.
It's a great opportunity to really highlight our city, but then also to bring in um working class people to get them into homeowner opportunities within our neighborhoods.
All right, thank you.
I would like to be added as a co-sponsor.
Council members McCord, Councilmember McCoy.
Yes.
Uh so I would like to be added as a co-sponsor.
I'd just also like to say uh thank you for giving me a call.
I got a chance to read it.
I did have questions, but you answered.
I do think it's a great piece of legislation.
I love the fact that we're gonna try to encourage more people in education to come to our city.
This is already a great program.
We is I'm finding out that the money spent down regularly.
So we are already getting people to be home on a shit within the city, but to also be trying to get people here who are educators for our children to grow our village.
I think this is a great piece of legislation.
So I do I would like to be added as a co-sponsor.
Thank you, Councilmember Harley.
Yes, thank you.
Um, Mr.
President.
I also want to commend um council member Owens for um presenting and sponsoring this legislation.
I had the opportunity to talk to him about this, and most importantly, I think that he's being very innovative in terms of the long-term um goal in terms of working with our private sector um as it relates to us trying to go out to get additional funding.
And so I really like that innovative thinking as it relates to how we can work better together with the private sector, and I would like to be added as a co-sponsor.
Thank you.
Thank you.
Councilmember Darby.
Yes, I would like to be added as a co-sponsor.
Councilmember Willower.
Yes, I would like to be added as a co-sponsor.
Thank you.
Okay, the floor back back to Councilmember Owens.
Um, I'll call for the vote.
All right, Clerk, please call for the roll.
Councilmember Johnson did ask to be excused Councilmember Owens.
Yes, Councilwoman Darby.
Yes, Councilwoman Oliver.
Yes, Councilwoman Harley.
Yes.
Councilwoman Willower.
Yes.
Councilwoman McCoy.
Yes.
Councilman Field.
Yes.
Councilwoman Bracey.
Yes.
Councilwoman Cabrera.
Yes.
Councilman Badola.
Yes.
President Congo.
Yes.
Eleven years too absent.
Declared adopted.
Councilmember Darby.
Mr.
President, I have an ordinance to present and call for the first and second reading.
Ordinance number 25-056.
Agenda number 0115.
An ordinance amending chapter 42 of the city code regarding the pavement paving of privately controlled non-dedicated alleys.
First reading of the ordinance.
An ordinance amending chapter 42 of the city code regarding the pavement paving of privately controlled non-dedicated alleys.
Second reading of the ordinance.
Mr.
President, I move that be known as the first to second reading of the ordinance and refer it to the public works and transportation committee.
Second.
It's been properly moved and seconded that be known as the first and second reading of the ordinance and refer to the public works and transportation committee.
Mr.
President, I have a resolution to present resolution 25-054, agenda number 0116.
Whereas Wilmington City Council recognizes the importance of transparency, accountability.
I move this resolution be received, recorded, and filed and adopted by Yay and A vote.
Second.
It's been properly moved and seconded the resolution be received, recorded, filed, and adopted by Yay or NA vote on the question.
Yeah, so um so this piece of legislation is amending our city council rule.
Um it's about Wilmington deserving a council that is present, transparent, and engaged.
Um so with this, it's requiring that we're present in council chambers when we are voting.
So it doesn't take away the opportunity for you to come virtually if you need to come virtually, but you won't be able to um vote.
However, I realize that it would be violating state code if I did not include um or align with Dell Code Um 1006A, which outlines rules for virtual participation and government meetings for people with disabilities and medical conditions.
I also, after learning that I had to have that exemption, I also was like, well, what other exemptions could exist?
And I thought about city council travel.
So when you're on city council travel and city council business, you'll be able to um vote virtually, it would count as a vote.
Um so I think this protects the integrity of votes.
I know I got a lot of complaints from constituents about council people not showing up when they're coming out for votes.
Um, how council people show up on Zoom and present themselves.
Um, a lot of um constituents complain about that, and I think this gives a great balance between um a balance between modern flexibility, right?
Virtual options with the traditional expectations of presence, it's about transparency and accountability, showing up to do the work, and I already know we struggle with public trust, so like I think this with us um having this, we'll be more engaged, um, being able to come in person and show the community that we will show up.
Um, and then I think there was one more thing I wanted to talk about.
Oh, yeah, at the beginning of it says at the beginning of each council meeting, the city clerk should identify which council members are attending virtually and the reason for the virtual particip uh virtual participating.
So it doesn't have to, if you have a medical condition that we're not going to reveal, like, oh, they have a medical condition, but yeah, they fit the exemption requirement not to attend, so it doesn't have to go into specifics, you don't have to reveal which your disability or medical is, um, but it will say that the council president will say these people do fit that criteria for the exemption, the one that I have to have by law, and the other one um with the city council travel.
So that is the legislation.
All right, thank you.
Are there any questions from any council members?
Comments, councilmember McCoy.
Uh thank you, Mr.
President.
Um, I actually had gotten a chance to have a conversation with you and the chief of staff about attendance previously.
Um, this was something that was uh heavy on my heart because I had noticed the fact that we were definitely having issues with getting into our um in a to the chambers.
Um I will proudly say that in my first term I was uh I think I was clocked at about 92 percent attendance, and that was before we were doing Zoom at all.
That was before COVID.
And so by having my uh colleagues with me around me, I felt that that was very important.
That I felt we were very being very trivial on why we were not being here, and we would come and go as we please.
Once we were done our legislation, we would just leave.
We would just shut off Zoom, and that was unacceptable.
I wanted to move forward that, and then I decided not to.
The reason why I decided not to is because for one, I started to see that my colleagues were having sincere concerns about safety at one point.
And I'm like I said, so who am I to sit and tell someone when they can and cannot feel safe in their place of business?
So that was one of the reasons why I pulled back, but I mean I and then also I realized that what was that?
I think that might have been June or July.
I witnessed you on the committee of the whole, and you actually addressed it.
And once you addressed it, I started seeing more and more people uh making certain that they were contacting you and letting them know, letting you know when they were going to be in and out, once you made certain that it was addressed.
And so, and I commend you on that.
So I thank you for making certain that more people were letting us know what a council is going to look like.
So um, I don't really think that it's needed at this moment.
The reason why I state that is because I do not want to uh put my the way I feel about things and the rules that I want to follow on to my colleagues.
So that's why I backed off of it initially.
All right, thank you.
Councilmember Owens.
Yeah, um, I do have one question with this.
So I see that you have paid travel in here, paid city travel in here.
Um, but sometimes we do have to travel for our day jobs as well, too.
Is there a reason that's not included in here?
Um, it's not a reason why I wasn't included.
I messaged and text people and didn't get I didn't yeah, I didn't get that feedback.
All right, thank you.
Any other council members?
If not, I'll return to the sponsor.
Councilmember Darby.
Yes, I also want to say on the state level, they have um we looked at what they did in regards to attendance.
Um, and this was something similar that they implemented that you had to be in person.
Um they the excuse about safety or not safety is another issue.
It's not I'm not gonna show up, right?
That's probably something else, another way we can address it, but not by not showing up.
Um so in regards to that, um, and they only give virtual options.
Of course, they have to follow state code in regards to if someone has a disability, but they're actually very strict down there in regards to attending, being in person, and then also documenting why you can't attend when you don't attend.
So I also want to say that the state does this and other cities do this.
Um the city of Wilmington has been very lax in that in regards to council members showing up and how they're showing up on Zoom has been a complaint by the community.
So this legislation came from the community um in regards to what they want to see from us, and I really believe that Wilmington deserves a city council that is present, transparent, and engaged, and they have not been getting that from us.
Um, and I have heard the complaints.
So thank you.
All right, thank you.
And with this being a rule change, we will need two-thirds.
Uh it will need two-thirds of support from council.
We have 11 members present.
So that means we would need eight council members to support it in order for it to pass.
Clerk, please call for the roll for the vote.
Councilmember Owens.
Yes.
Councilwoman Darby.
Yes.
Councilwoman Oliver, no.
Councilwoman Harley?
No.
Councilwoman Willower.
Yes.
Councilwoman McCoy.
No.
Councilman Field.
Present.
Councilwoman Bracey.
No.
Councilwoman Cabrera.
No.
Councilman Spadola?
No.
President Congo.
Yes.
Six nays.
Four yes.
Six nays, one present and two absent.
Thank you.
Declare defeated.
Mr.
President, I have an ordinance to present and call for the third and final reading.
Ordinance number 25-027, agenda number 0068, an ordinance to amend chapter 2 of the city code to codify the ability to schedule a referendum to amend the city's charter.
Mr.
President, I have a substitute to present in lieu of that ordinance.
Substitute number one to ordinance number 25-027, an ordinance to amend chapter two of the city code to codify the ability to schedule a referendum to amend the city's charter.
Mr.
President, I move that be known at the as the enacting clause of the substitute ordinance and call for a yay and nay vote.
Second.
That be known as the enacting clause.
Excuse me.
The ordinance and called for a yay and they vote on the question.
Yes, I would like to start off with the floor amendment to get that get that out the way.
There were a few little tweaks I had to make just to clarify some things after talking to my council colleagues.
So I would like to make a I will move to make a four amendment at this time.
I motion to make a four amendment.
Okay.
Second.
Section 28686 referendum to amend the charter formation by public petition for charter commission.
A charter commission shall be elected when a petition bearing signatures of at least 10% of the qualified voters of the city is filed with the city clerk.
The petition shall contain the following referendum question, registered voter information, including first name, middle name, last name of voter, street address, date of birth, contact information, email, signature, and date of signature.
Upon certification of significant signatures, council shall adopt a resolution setting the date time and place for the election of a charter commission.
Number two, on page two of agenda number 0068, delete the proposed section 2687B in its entirety and replace with the following language.
Section 2687, election of a charter commission.
Signature verification, the city clerk shall submit the petition signatures to the department of election for verification.
Number three, on page three of agenda item number 0068, add in the following underlying language to the proposed section 268A1 function of the Charter Commission.
Section 268, function of the Charter Commission.
Duties, the commission shall have authority to propose amendments to the city charter that have been that have been petitioned by the residents and met all section 2687 requirements on page five of agenda item number 066 0068, add in the following underlying language to the proposed um section 2698.
Um charter amendment shall be permitted that 22 Dell C 801 prohibits the law department shall advise whether proposed amendments are prohibited.
That's all the amendments.
Second.
Are there any questions from any council members?
We will take a vote on the amendment.
All in favor signify by saying aye.
Aye.
Any opposed amendment passed.
Um council member council member Darby.
So yeah, so I want to give a little bit of history really quick on how I even discovered that the city can do referendum.
So I am not giving authority for the city to do anything.
We can already do it.
This is a housekeeping bill to clarify the process.
Um so back of in my last term, there was a residency fight to try to keep um the city employees in our city.
Um, and in my research, I discovered that in the 90s, the city did a referendum vote, which is a public vote about that very issue.
Um, and at that time, the city um the people came out and voted and decided that they wanted city employees to live in the city, which I thought was like one.
Why didn't I know that this was a tool in my legislator box?
And how do I do this again?
So I've been working on this piece of legislation for almost two, three years now.
I thought um in this and trying to figure out how to do this.
I thought a lot about how democracy works, checks and balance and balances, and how the people should be engaged and involved in my research.
Um, I learned that the state gives the city of Wilmington authority since whenever, probably before the 90s, but get gives the city authority to do referendum public votes today, right now.
The city charter also states it.
However, the process of the how still wasn't clear.
So in this, this legislation outlines that.
So how do I come up with how to do it?
One, I took I mimic the language from the state code.
So most of this language is not new except for um providing public education, because right now the community would not know how to do this, when to do this, or where to find it.
So what I added was public information and education, a section on that.
And then I also added for publication, instead of just doing newspapers to add social media platforms to promote um the public vote in the referendum to provide education.
Um outside of that, most of it came from the actual state charter, and we're putting it into our city charter to provide a clear um outline of how to do a referendum.
We can do it already.
However, without process, we know there's room for error, there's room for chaos, lawsuits, and just complete lack of knowledge of how to do anything.
So um we looked at the state code.
I had a few meetings with the Department of Election.
I actually did a committee of the whole meeting to do education to city council.
Um the Department of Election created a presentation for me, and it was emailed out to all of council to review.
I reached out to my council colleague and received the feedback.
I reached out to community to get feedback on this, and I looked at what other cities were doing.
So there were hundreds of cities who do referendums already.
Um, just the name of food, Grand Junction, Colorado, Bellington, Bellingham, um, Wisconsin, Land, San Dar, Land or Landrow, California, California, Medford, Oregon, Loveland, Colorado.
So Lawrence, Kansas.
These are all cities um around 70K, 60K, 90K, because I don't want to hear the argument about, oh, we're a small city.
There's other cities of similar size who have the same authority we're doing, and they're actively doing referendums.
Once you read the piece of legislation, there are two ways for a referendum to happen.
City council can say, hey, this issue came up, we want the community to vote on it.
So nine of us would then have a res vote on a resolution, and then that would initiate in 90 days a public vote to take place.
That's one way.
The second way is the community can say, we care about this particular issue.
We're gonna go out, we're gonna knock doors, we're gonna get 10% of registered voters signatures and all the other information they need to be verified.
We're gonna get that, and then what happens is it initiates two things, which the state um outlines.
It outlines that it needs to start a charter commission, which is made up of a whole nother election in its own process to get community people on a charter commission.
Once that charter commission is established of people who volunteer that they want to be on it, and then there's an election, once that's established, that charter commission then prepares for a vote to happen within 90 days.
So there's two ways for it to be initiated.
Um, and you can do it around any issue that you want to do it around.
Um, and that's like very very much the premise of it.
It does not take away any authority, it doesn't add authority because it's already something we can do.
Currently, right now, there's no process written out.
When there's no process, chaos, lawsuits, error, no public education, it just makes it very hard to be able to implement things.
So that's what this legislation is about.
It's about just simply a housekeeping bill to make sure that a process is in our city charter.
What I don't want to happen is from what 90s was what 30 years ago, almost 40 years ago now.
I don't want 30, 40 years to go down, and another council person like myself finds out that this happened in the 90s, and they're like, how do we still do this process?
I want I think about sustainability.
I think about as a legislator, how do I make sure I have tools in my toolbox?
So when I leave this position, because I'm not gonna do this forever, um, that other council people um behind me know that they have this tool in their toolbox that they can use as a legislator and that the public also knows that they can participate in this democracy.
Thank you.
Thank you.
Councilmember Kaber.
Councilmember Darby, is there uh a cost to to doing this?
Because I guess when I hear referendum, that means that we would put something out for the public to vote.
Would that happen during a normal election cycle and it would be added to the ballot?
Or are we proposing to do special elections to do a referendum on and off election year?
Both can happen, right?
So if there's a if we propose, let's say we do it, let's say we propose for a vote to happen and an election is happening within a certain time frame.
I forgot what it was in the election.
Um within six months.
So if a um uh local general election occurs within the six months, then the referendum will be with that.
Now, let's say there's not an election in six months, and we want to do a referendum, we can also have a vote that happens and takes place.
So the department of election broke down in the presentation on how much that would cost for the machines, an estimate on how much it would cost to rent a building out.
Um, so they came up with the cost in there.
Um, but it will only be a cost if we initiate that um or the community initiates that.
Can I follow up?
Yes.
Would the election look like our regular elections, or would we pick like they do for early voting?
There's two or three locations because I I'm thinking, you know, the expense of an election.
So I guess I have a couple questions.
One, who pays, is it the department of election that pays for this, or does the city of Wilmington pay for this?
Does this come out of our budget?
And can we condense it, or is it going to be all the voting locations like we normally do?
Yeah, so we we make that decision.
So we can decide if we have two locations, we could there's no parameters around that, right?
And in regards to cost that comes from the city.
So back in the 90s, they had a the city paid for the referendum, which cost of living was different.
So the cost was different.
Right.
Thank you.
Thank you.
Any other comments or questions from council members?
Councilmember Harley.
Yes, thank you.
Um, Mr.
President.
So the way that our voting system is set up today, um, after each census uh department of election, they let us know what the the target number should be in all eight districts, and it basically lets us know that you can't be five percent over or five percent under to avoid gerrymandering.
I'm trying to understand in a process like this, where are the guidelines or where or the parameters to to avoid gerrymandering?
For example, um, if you live in the first district, um I mean, how is it there?
How is it equitable across all eight districts?
Is what I was trying to figure out and understand with this process.
What would could what would um keep an individual from going after just special groups that they may be affiliated with to get them to put their names and addresses on there versus it being equitable across all eight districts because the department of elections they make sure that these numbers are equitable.
So I I didn't really see with a referendum just going out getting um names on the petition, those 10%.
I didn't see any parameters to to ensure that it's equitable across all eight districts.
Yeah, so best practices when I looked at other cities, no one did that.
And once you do an election, we are it's our responsibility to broadcast that out to everyone in the city.
So once there's an election, just like there's an election for when we're voting, it's broadcasted and advertised to the whole city to come out and vote.
So we can think about um equity when we think about where the polling locations are.
I think that's gonna be a good conversation about equity.
Are they make sure they're in certain neighborhoods, like making sure they're not concentrating in certain neighborhoods?
I think that's the conversation around equity.
I think once the 10% votes are collected and verified, like they do in other cities, they then open it up for the whole city to vote.
So it's not at like once the vote happens, everyone gets an opportunity to vote.
Follow up.
Yes.
No, I agree.
Once once it gets to the voting poll, my concern is the petition to get signed that 10% before it even gets to the department of elections.
That's where my concern is.
How do you ensure that it's equitable before it gets there?
Because according to what I read, you have to do the petition first, and then once the petition is signed, the 10%, then it goes to the Department of Elections.
Where are the where are the guards to avoid one district getting majority of the votes or two districts versus it being equitable is what I'm asking?
Yeah, so that's not best practice to in that process to say that you need a certain percentage in any area.
Well, that would be a concern of mine because I think since the city of Wilmington is eight districts, that if there is a petition signed to do anything of that nature, it should be equitable.
And I understand that it's not a best practice, but that's the issue that I would have with that.
Yes, and currently, right now, let's say we don't have a process.
Yep.
Someone can go out and get 10% because that's already in the state code.
They can go out and do this right now.
Like literally, someone could be collecting signatures right now, and then turn it into the city and say you have to follow state code.
And if we don't have a process, then that then they'll just do whatever they want to do in that process.
So currently that's what it is, and that's what the state code regulates it to be.
So I didn't make up the 10% or do that.
That's all what the state says we have to do.
I read it.
Thank you.
You answered my question.
Thanks.
Thank you.
Any other council members have any questions or comments?
Councilmember McCoy.
Yeah, uh 10%.
I'm not exactly certain with the 10% of voters.
I know what 10% of the city would be.
Um this is the city clerk gonna verify the petition signatures.
That's that's a lie.
How many thousands of people is that?
It would be 4,000.
Uh that would be 4,000 of the voters registered.
Am I able to respond?
Yes.
I know they're talking out of term, but yeah.
So um so in the piece of legislation, it states that the city clerk will submit the signatures to the department of election.
Let me find the section.
Okay.
Um, so in section 2687, uh um election, the city clerk shall verify petition signatures within 30 days of the following, following status set by the clear city clerks.
Um hold up, where's the new one?
In the amendment, it states that the city clerk shall submit submit the petition signatures to the department of election for verification.
So it's in the amendment.
Okay.
On page two C, the city clerk shall submit the petition signatures to the Department of Election for Verification.
So the city clerk is not verifying it.
All right, thank you.
Any other questions?
Any follow-up?
Um sponsor stated that she did get a chance to talk to the department of elections and get kind of an estimate of what it would cost in order to do an actual referendum.
That wasn't at was that added on here?
Or you just the um, I guess just that conversation, just that piece giving us a um an understanding of what a referendum would look like.
Yeah, so um the department of election created the presentation and I sent it out to all the city council members.
So in one of the slides, they break that down on exactly what the cost would be from the department of election.
The I can't speak to why when I worked with the law department, there wasn't no direct fiscal impact unless a referendum takes place.
So that's why you don't see a fiscal impact um in here because it's currently unknown and it's based on what the department of election has sent to everybody in the presentation.
Councilmember Oliver.
Thank you, President.
Um, I think that's no.
Um, but one thing that I do know that normally when it's a referendum that's being held, it's for bulk um issues um in larger states, California, just say even maybe for normally doing the election school board, um, when it's uh increase and taxes, uh property taxes.
So when I think of a referendum, just me personally, I just think of um major bulk.
I know this is already in the charter, and just from me reading some of it, it appears that we would be taking um the power from the mayor from the general assembly.
Um we just um just like it's doing a lot.
This is just my interpretation of what I'm reading, especially when you start talking about a commission.
Um, but like I said, other than that, as you stated it's already and if it's already in the charter, you know, and we're adding this and we're adding that.
I just this is also a bit much that should um uh I'm not going to get to, but um, I'm just just looking at it, it just appears to be a lot.
And you know, we worked hard to get an office, and it just looks like it just diminishes you know your position, kind of.
I mean, not kind of does if you're doing all of this, but you know, I just want to make a statement that, and it would be a fiscal impact that that's why Dover doesn't get involved with our special election because it costs us a lot of money for someone to run at large, etc.
They said no, you know, y'all do it, y'all mature enough, y'all should be able to do things legally in a proper way up there because they're not going to pay for it.
So now you're talking about a state wise, so it would be a fiscal impact, just so everybody knows on the constituents department of labor will not pay for this, and the state's not paying for it, so it would come out of our residents' pocket.
Councilmember Kabara.
Councilmember Kabara.
Yes, I do have um a question that was posed to me.
If someone doesn't have an email, is there I mean, because it says it has to be an email, is there another form that they can verify or they have to have an email in order to proceed?
Um in this um, we outlined some of the things that need to be included, but to be to actually verify um that you are uh a voter in this for the department of election.
I just they just need your name, and I believe there's one other thing they just need actually.
I forgot.
Oh, they just need your name, and I think your um your address um to verify if you're a voter.
So those are the only required things to verify if you are a registered voter.
Great.
Thank you.
Thank you.
See no other hands raised, return to the sponsor for any final comment.
Yeah, so this piece of legislation is just um it'll we already can do referendums.
Uh community person, right now I'm letting y'all know at home you can collect 10% of registered voters today.
I don't this doesn't have to pass tonight, and then you can come to the city, and we won't have a process for you.
Or if we pass this tonight, you'll come to the city and there will be a process.
Um, and there would be public education connected to it, there will be marketing connected to it, there would be some level of understanding and knowledge connected to it versus what we have now.
Um, so this is just a cleanup bill, um, a housekeeping bill, it is not taking away any power.
It is a power that the community already has, and in other cities, when I talk to the other council people that does this, they do not feel like they're losing power.
They actually look forward to doing this, and they actually have issues that are very specific.
Sometimes it's about legalizing marijuana, sometimes very specific things that they do in other cities, and none of them felt like they lost power.
Um, when I talk to my other city council colleagues about this in other cities about this legislation.
So I'm just gonna ask for a vote.
Clerk, please call the room.
Councilman Owens, yes, Councilwoman Darby.
Yes, Councilwoman Oliver, no.
Councilwoman Harley, no.
Councilwoman Willower, yes.
Councilwoman McCoy, no councilman Field.
No.
Councilwoman Bracey.
No.
Councilwoman Cabrera.
No.
Councilman Spadola?
No.
President Congo.
Yes.
Four years, seven is two absent.
Declare defeated.
Councilmember Harley.
Yes, Mr.
President.
I have an ordinance to present and call for the first and second reading.
Ordinance number 25-057, agenda number 0117, and ordinance constituting amendment number one to the fiscal year 2026 annual operating budget being an ordinance to amend substitute number one to ordinance number 25-009.
First reading of the ordinance.
An ordinance constituting amendment number one to the fiscal year 2026 annual operating budget being an ordinance to amend substitute number one to ordinance number 25-009.
Second reading of the ordinance.
Thank you.
Councilmember McCoy.
That's when we're all over okay.
All right, Mr.
President, I have an ordinance to present and call for the first and second reading.
Ordinance number 25-058, agenda number 0118.
An ordinance to amend chapter 44 of the city code to exempt from the city's earned income tax, the wages and compensation paid by the United States to any person for active service in the uniformed services of the United States.
First reading of the ordinance.
Second reading of the ordinance.
Second.
It's been properly moved and seconded that be known as the first and second reading of the ordinance and referred to the finance and economic development committee.
Okay, uh, Mr.
President, I have another ordinance to present and call for the first and second reading.
Ordinance number 25-059, agenda number 0119, an ordinance to approve the anchorage, overlook major subdivision plan and authorize the city to remove a segment of anchorage street from the official city map, improve a segment of anchorage street and name it Anchorage Street extended, create a new street named Levi Lane, and accept the dedication of Anchorage Street extended and Levi Lane as a public as public rights of way and add them to the official city map.
First reading of the ordinance.
Second reading of the ordinance.
Second.
It's been properly moved and second that be known as the first and second reading of the ordinance and referred to the community development and urban planning committee.
Okay.
Okay, Mr.
President, I do have another ordinance to present and call for the third and final.
I'm sorry.
No, I'm sorry, we're still on um go ahead.
I'm sorry.
Right.
All right, my fault.
No, you're fine.
Mr.
President, I have an uh another ordinance to present and call for the third and final reading.
Ordinance number 25-018, agenda number 004.
An ordinance to amend chapter 34 of the city code to allow residential tenants and city properties to deposit withheld rent in a city held escrow account.
Mr.
President, I have a substitute to present in lieu of that ordinance.
Substitute number one to ordinance number 25-018, an ordinance to amend chapter 34 of the city code to allow residential tenants and city properties to depro deposit withheld rent in a city held escrow account.
Okay.
I move that I move that this be known to enact and clause and substitute and call for a year.
Wait a minute.
I we needed um councilman oliver is doing the floor amendment.
Is that going before my vote?
No.
No, with the request right now.
Okay.
I have um I have uh thank you.
Second.
Okay, thank you.
Okay, I have a floor amendment uh to this agenda item 004.
Uh description of the floor amendment, floor amendment adds and a requirement for city council to devaluate this ordinance impact and prepare in a budget negotiation for FY27.
Um the floor the floor amendment.
Um at this time as such.
Second.
All right, this time we're going to vote on the floor amendment.
She didn't give the floor amendment yet.
I'm giving it now.
Okay, thank you.
On page four of the review to agenda item 004, please insert the new section five that reads as follows.
Council will evaluate the effectiveness and impact of this ordinance no later than March 31st, 2026, in order to assess its outcomes and to gain a clear understanding of the funding requirement for a full year implication.
Implementation.
That would be all.
Second.
Okay.
Any questions about the floor amendment?
Councilmember Harley.
Okay.
Oh, yes, thank you, Mr.
President.
I just want to be clear that um I'll let Councilmember Oliver just repeat that.
But um, the way that I interpret it is that there this amendment is to make sure that this is working.
Um, this process is working, and I just wanted to make sure that that's what this amendment is all about.
Mr.
President.
Councilmember Oliver.
Yes, um, the floor amendment amendment basic uh is basically stating um we want to review this because it is a fiscal impact just to see how it's being used, if it's being used, um, because that's going to be around the budget time to see what budgetary um amount we need, you know, how this how's it working basically?
Follow up.
Yes, oh thank you, President.
So is to my understanding if it's an escrow, the money is coming from the tenant.
That number one, the uh the money is the funds will be coming from the tenant to to go into an escrow.
And are we talking about the fiscal impact in terms of the program and what is causing the city to do this process?
I guess that's what I'm trying to be clear on.
Where's the impact?
Yes, Mr.
President.
Yeah, that's what the um the floor amendment is stating that we will come back and review it um based on the findings, effectiveness of the impact of the ordinance.
Okay.
So, you know, if you need a you know, you can say you may need a whole new clerk, you may need a whole new department, or you may not.
They may pull some.
So that's just we're just looking at the effectiveness of the impact of the ordinance.
Thank you.
Thank you.
All right, this time we're going to take a vote on the the amendment.
All in favor of the amendment, signify by saying aye.
Aye.
Any opposed?
Amendment passed.
Councilmember McCor.
Okay, yes.
So um, I do want to state that uh councilman Oliver did come to me.
She uh she did have the concerns about the uh ordinance when it came to the funding.
And I I rather not opt to make it a pilot because I really would like to see the state do something.
If we need to uh end this end this program, it should be superseded by something that the state is actually offered.
So I felt that by um she then suggested, well, let's take a look at it.
I'm like, oh yeah, so I'm definitely fine with reevaluating so that we can have a better understanding of what it will look like if we have to uh put this in the budget for the next fiscal year.
So I would like to see how it's used and whether or not the fiscal impact that we have on here um has a $31,700 uh note to it attached to it.
Myself and um someone else I spoke to with um with knowledge, they we do believe that this probably will not be the full, like this probably will not be the amount that'll be used initially.
But I do believe that uh if this thing goes well, we will probably end up having to look at that for the next fiscal year.
Uh this is gonna be uh going out, we will be doing promotion, but I also got a chance to speak with um L and I, and they wanted to make certain that they had someone in place and trained before we would actually start begin this.
So I can actually kind of go over just a little bit.
It says um ordinance um the synopsis is just to amend to have the 34 to city code and the fiscal impact I just gave you the amount is 301,700.
Uh L and I won't require additional staffing, and they're including a clerk too to manage the tenant intake and the code enforcement officer in order to conduct additional inspections.
So this is so by having conversation with L and I, the finance department, um, admin, and um the law.
We've had several meetings, and this is kind of what we came up with.
I did want to correct something that one of the people in public comment um spoke about.
This is not uh escrow withholding for the rent in its entirety.
It is more than the state, but it's not in its entirety.
It is two-thirds.
So if you pay $1,500 a month in rent, then you're able to put 1,000 into the bank for escrow.
So I just want to make certain that that is clear.
This is something that um we wanted to make certain.
Hold up, I did kind of write something down real quick.
Sorry.
Okay, so all right, so uh under this program, the tenants who believe that they have a valid reason to withhold rent can deposit that uh withheld rent into the escrow account by the city rather than risk losing it or being evicted.
Uh one of the issues that I've seen, especially with right now with people in a um uh dire straits or tough time is the fact that if they try to withhold their rent, something may come up where they end up pinching into their rent.
We wanted to try to offer them a safe space that they can place this rent until the we, you know, till their landlord is able to deal with that issue.
By having it go through the city, you actually have proof that you're withholding the rent, and that will ensure, but not insure, but we do we would like to be able to give something to your landlord showing that your rent is somewhere safe so they can get things taken care of.
L and I is actually in this process as well, so we want to make certain that we have all the information that is needed in order to get you know to be able to put your uh withholding quickly into the bank and give you the time frame, give you and the landlord the time frame to get this all accomplished.
This um this ordinance is something I worked on.
This one is a little bit more detailed than the last one from last term, and so I really do hope that um everyone gotten a chance to because it's been a while.
It's been sitting on sitting on the side for uh a couple of months now.
So I've talked about it previously, and I and I do apologize.
I did not make all of the phone calls like I should have this time, but it's been sitting around for a while.
And if anyone has any questions, please I'm willing to answer them.
Councilmember Spadola.
Thank you, Council President.
I appreciate uh the council members intend here, and I think an escrow program makes sense, but not for the city, not for the state.
I think a housing housing nonprofit makes sense for them to do it.
Um they probably have to charge two to three percent to make up for the cost as they outlined here.
But I think this would hurt the people that's trying to help.
I I do not see this program uh being run functionally by the city, cashing people's checks and then dispersing them at a future time.
Uh that just seems uh it's it seems like a nightmare, nightmare waiting to come to fruition.
So I'm I'm not going to support it.
Thank you.
Thank you.
Councilmember Willower.
Um, I would thank you, Mr.
President.
I would I just want to say to um Councilwoman McCoy, I think it's great that you are um making this effort.
It's a clear gap in the policy that we have around um renters, and you're seeking to solve a problem.
So I just want to say, you know, thank you for bringing this forward.
I do think that you know the $301,000 estimate is you know, kind of a lot of money.
Do we know how many people the the city was thinking the program would serve that it would cost that much money?
So from having this conversation, I'm sorry, I'm just uh answering.
Okay.
So from having this conversation and the fact that we do wish to promote it, the city believes that uh, you know, quite a few residents will be able to take advantage of it.
Me personally, the last time we had an escrow program, there's money that was sitting in the escrow account for decades that nobody came back to claim, you know.
So what to me there to me the there is a concern, but I don't believe that we will I don't believe that very this uh first few months till March is gonna take this much money.
This may be if we do a four-year implementation and actually do some real promotion for next year, it may happen, but not this year.
And I have been um having conversation with people downstate, especially my representative uh, and I've made him aware of what I was working on, and he too wants to do something for the at the state level.
So I wanted to make certain that he has everything that I've been what I've done to see whether or not he can use that on his on the state level.
And if that relieves us from having to spend this money, that would be great.
But I do have the issue that we had the uh ordinance, the escort ordinance on the books, and that we were unable to use it because we had lacked um the municipal courts at one point.
Councilmember Bracey.
Thank you, Ms.
President.
I just had a couple of questions.
Um, uh Councilman McCoy, uh, where is the 301,000 coming from?
Has the administration committed to funding this?
Because I know we didn't appropriate anything in the last budget for this.
So has that discussion been had um because it'd be unfortunate if we vote on something and there's no funding, so it just doesn't launch.
So um, but that's my first question.
My second question is has there would have was there any consideration of instead of the government, the city government taking people's money um and holding it in a bank account, that we partner with like our local credit union and then also provide them financial coaching, financial literacy, debt res resolution.
It's like something that's more of a service to them to help them with their you know financial stability, and then it's also in a bank and not in city government.
Um so those are my two questions.
Thanks.
Okay.
All right.
So um if I can maybe if I may answer, I worked with administration and uh we got we came to this amount because of the conversation I've had with all of those departments.
So this was not in a vacuum.
They're aware that this is a 300,000 price tag, but at the same time, I do not believe that this price tag is what is gonna happen as of right now.
This may be what we need to do in the future.
When it comes to the funds actually being uh received from the residents, that money will not be held, of course, not in the city.
They'll be able to, God bless you.
They'll be able to um bring the funds here, but the funds are gonna be held in a bank, uh, the bank that we normally deal with in the escrow account.
It's gonna be subaccounts, which will definitely have that person's name on the account.
Um, we will not be in the position to hold on to money forever.
There is a time frame that the uh that the landlord needs to get this thing taken care of.
We do not wish to put ourselves in the in the space that we may suffer any type of lawsuit or anything by holding up anyone's um any landlord's money.
So after 60 days, those funds go back to the resident to pay the landlord.
We are not gonna we're not gonna make ourselves be in between the resident, and we're not gonna make it a three-party type of situation.
It's just we are helping the residents of the city of Woman in this in this juncture.
All right, thank you, Councilmember Kaber, followed by Councilmember Owens and Councilmember Harley.
Well, I thank Councilmember McCoy for bringing this forth.
I know she's been working really hard on this, and yes, I believe something needs to be done.
Um, my only concern, and it has been mentioned is um, and I understand it's going to be in an escrow account.
It's still being managed by the city.
I really love the idea that council member Spadola brought forth maybe working with a nonprofit and and partnering with an organization.
I'm still planning to support this um because I know you've been working on this for a long time, and I think it's duly needed, but I definitely would entertain looking at another way of doing this.
Um, because also in conversation with the administration, it does come with a price tag, and I know they've been working with you.
They would prefer that not to have to spend that money to do this if we can partner with another organization and maybe do it for less.
Um I still think it's needed, and it's you know, we need those protections because too many times our our renters are being taken advantage of, and landlords are not fixing the properties up, and many of those residents are afraid to come forth and say anything or do anything because they're afraid they're gonna lose uh their only living establishment.
Um, so those are my two my input.
Thank you, Mr.
President.
Um, what I'm gonna say I agree with councilwoman Cabrera, um, that way too many residents here in the city of Wilmington um face mold leaks, no heat, passive, you know, everything, right?
Um, and this, I see this as a uh additional tool um to help the residents who are in some of our most vulnerable communities.
I want to thank councilwoman McCoy for not just working on this this session and bringing it back, but working on it in prior sessions as well, too.
And this has been something that has been discussed very heavily on the state level.
Um, and they haven't been able to get it right.
They they said it or the state gonna have this, department of state, the the courts.
Um, so again, I I just want to bring us back to this is about protecting the vast majority of our residents here in the city of Wilmington.
We have to stand up sometime and say, hey, look, at the end of the day, no one should be living in deplorable situations.
And if your landlord is not willing to fix those situations, we don't want to see you out on the street because you can't find anywhere else.
This will send a fize landlords to do the right thing and go ahead and get those things fixed so that they can get paid.
But this also gives the renters an opportunity that if those issues aren't resolved, they can go back to this money and use it as a down payment to go into another rental situation, especially now in the city of Womanton where you have to have three times the rent just for the down payment and have to make three times what your rent is as well.
Too it is uh the city is becoming very unaffordable for so many people.
So again, I just want to say thank you, Councilwoman McCoy, for this, and I would like to be added as a co-sponsor.
Thank you, Councilmember Harley, then Councilmember Spadola.
Yes, thank you.
Um Mr.
President.
So first I want to uh thank Councilmember McCoy for working on this, and I also want to thank Councilmember Owens because I can recall when they had the committee meeting and all the residents came and they was talking about one of those high rises, and you had mentioned something about the escrow, which made me reach out to real estate and housing to talk to um director Weir, because I felt as though it was important, you know, that we could try to support um our our residents and constituents um as it related to those issues that were going on.
So I just wanted to say, you know, that was something that put it on my radar.
And then of course, um, some time lapsed, and um uh council member McCoy and I were talking about it.
And the one thing that comes to mind is this is that um even though we know that there is a price tag that eventually can be associated with this, it really would have been, I think, to our advantage if we did a pilot to see how many residents were actually gonna be sending in these um funds uh before we started actually hiring um additional employees.
So in other words, I'm just saying it would have been nice to be to to see, you know, what really happens, you know, if it if our constituents really do take advantage of it.
I do support it.
I want to be a co-sponsor um on this legislation, but those are some of the thoughts that are coming to my mind before we actually go out and hire somebody and says, hey, you know, have somebody sitting in the office, and for months we don't have any funds coming in or anything to process.
So I'm just just sharing my thoughts as it relates to um before we start spending money, because of course I'm always thinking about our money here in the city um before we actually hire someone, possibly the real estate and housing can just you know hold off to see how we um can handle it, or if any funds come in and to see, you know, hey, do we does it really support actually hiring someone, or can we use some of the staff that we already have?
That's all I have, and again, I would like to be added as co-sponsor.
Thank you, Councilmember Spadola, followed by council member Darby.
Thank you, Council President.
Um question for the sponsor.
Can you elaborate more on what you said about the city previously had an escrow program and they found money that was that was still in there for years because that's one of my concerns that hardworking renters are going to cut checks to this program?
It's going to be mismanaged, where I think a nonprofit would do a better job, and nobody wins.
Okay.
Yes, so um, I will try to speak to that question.
Uh when I the first time I actually tried to put the uh escrow ordinance together was last term, and as we decide we took a look to see whether or not we had an escrow account, they realized that it was um like I think about it was a few, it was uh, I think at least a thousand dollars in that account.
And so they tried, they did everything.
They were looking up, you know, through microfiche and everything.
That's how old, that's how long it's been in there.
They back looking through microfishes trying to identify whose money is this.
No one came back for this hat.
So now, because we are in a better, we're in a new technology.
They're able to not just put anything in no lump sum, there are subaccounts.
It will not be all money all gathered together.
It will be account, even though there will be one large account, each account will have just that person's name and it's only their funds.
So we don't have to worry about money commingling or mixing around.
Your money goes into your account.
So that's one.
And that actually is a cost, and that cost will be incurred by the um by the resident uh to make certain that we did the subaccounts and we don't actually have to spend that money.
I think that's $32.
That cost me $22.
Uh hold up.
Yeah.
Okay, I'm sorry.
The additional cost that cannot be precisely quantified at this time, the treasurer's officer would like the bank escrow product, which charges the fee of $32 per month for each tenant escrow account created.
So hopefully that gives you a little bit more information.
Um if I may, I do agree with um councilwoman Harley.
Um, I don't believe that we probably have to do all of this hire if we just do training to identify what this is going to look like if we really need people, but because I wanted to do my due diligence, I needed to figure out what if we had to have these special these people in the office and we had to hire people, we needed to know exactly what that would look like with that cost.
And then also with um councilman Oliver, you know, give me a call and let me know.
Let's see whether or not we can reevaluate.
And I'm like, I I don't have an issue with that at all.
All right, thank you, Councilmember Darby.
Yes, um, I have been in support of this piece of legislation since it's been introduced, and you've been working on it um the last term to this term.
I just wanted to confirm if I was a co-sponsor or not.
I'm on the legislation, but you can add me if I'm not.
Okay.
Sorry, see council member Willower.
Thank you, Council President.
I just wanted to be asked to be added as a co-sponsor.
Thank you.
So councilmember Bracy.
Thanks, Mr.
President.
Um, one last question uh for councilwoman McCoy.
Do you know what the implementation timeline looks like?
Um again you've you know we've had this issue in in previous um iterations of council where we pass something and then it moves across to the administration and there's no implementation plan.
So are you going to be working with uh the administration to make sure this gets implemented in a timely manner?
If I may answer, yes, councilwoman.
Yes.
So the only thing that um that was asked of me was for L and I wanted to make certain that they have someone in uh in position trained to do this, and so they needed from the time of signature of the time of signature to at least 30 days in order to make certain that they had all of this enacted.
So and I and I did not have an issue with that at all.
So I've of course I always press and tell everyone by every time we do ordinance, we need to figure out what the process is because trying to uh trying to do anything in any type of enforcement if we don't know what it should be what should be happening, and we are re we're asking the administration to do so, it's not their priority.
It was what we wanted.
We needed to make certain that we have we should have a process in place when we hand it over.
Um I do want to state uh thank you all so much for all those who um who asked to be co-sponsors.
This is still, you know, in it it's gonna be in its infancy.
We hope to be able to uh promote and make certain that people are aware.
Last term, you know, um I actually had the votes.
It was it was overturned.
I had the votes, but the state was gonna try to take it over.
Uh the state was gonna take a whack at it.
Unfortunately, that didn't happen.
And so I did not want it to lay dormant.
I decided I was gonna bring it back and try to put more uh more effort in it to try to flesh it out so to be easier to digest and also for the administration to understand what we were trying to get done.
So I do, you know, I hope I have a quite a few uh sponsors.
It's okay that those some are thinking about the dollars.
It is a price tag, and I don't believe that we'll probably have to pay it um that amount now, but if this is successful, we would definitely need to be looking at that price tag for our next fiscal year.
Thank you.
I would also like to be added as a co-sponsor and before um before we go to vote.
Councilmember Harley.
Thank you, Mr.
President.
I think um council member McCoy just said um what I wanted to speak to, like at what point will we um adjust or amend the budget, or is this coming out of real estate and housing?
Are they just kind of gonna you know give this a period to see, you know, how uh to get it together to see what it looks like, and or do we have to make an amendment um to our budget?
I will have to get back to you about whether or not a budget amendment is needed, but I do know that we needed uh at least 30 days to do any type of training.
Okay, all right, thank you.
Any closing comments?
Uh nope, you can call for the roll.
All right, please call for the roll.
Clerk.
Councilwoman Owens?
Yes, Councilwoman Darby, yes, councilwoman Oliver, yes, Councilwoman Harley, yes, councilwoman willower, yes, councilwoman McCoy, yes, councilman Field Yes, Councilwoman Bracey, yes, Councilwoman Cabrera, yes, and Councilman Spadola?
No, and President Congo.
Yes.
10 years, one nay, and two absent.
Declared adopted.
Thank you.
Uh Mr.
President, I have an ordinance to present and call for the third and final reading.
Ordinance number 25-044, agenda number 0088.
An ordinance to amend chapter 34 of the city code to require landlords provide written notice of tenants' rights and lease.
An ordinance to amend chapter 34 of the substitute one to ordinance number 25-044.
An ordinance to amend chapter 34 of the city code to require landlords provide written notice to of tenants' rights and lease.
Okay.
All right.
So I actually have a floor amendment to this um to this ordinance.
Okay.
So the floor amendment is um it just adds additional requirements for landlords to include on their lease provision.
This was something I was brought to me by the director of um uh license inspections, other things that he would like to uh to see on that lease agreement.
So the motion, um, I'm sorry.
I want to make a uh a floor amendment at this time.
Second.
Okay, so on pay uh on page one and two of agenda item 008.
So one to delete section 34-153, subparagraphs three through four in their entirety, and replaced with the following language, the constitute section 34-153A, subparagraphs three through six.
So number three is gonna be the landlord's contact information, business address, phone number, email, emergency contact, and phone number.
Well, they they said put phone number twice or oh emergency contact and phone number, okay.
Number four, the properties managers contact information if applicable, the business address, phone number, email, emergency contact and number.
Then number five, the landlord city rental business license number and expiration date, and number six, the date of the last approved rental inspection conducted for the dwelling.
All right, and renumber original section 34-153, subparagraphs five through eight as section 34-153A 7 through 10.
And then add the new section as follows.
All right, thank you.
Before we take the vote on the amendment, are there any questions to the amendment?
Councilmember Oliver.
Yes.
Most of that, um that information when the um the inspector comes out.
I've dealt with them in the past.
They have all that information.
So why are we reinventing a will?
Just sometime people just want to talk because they have a mouth, because that is already.
I mean, I just dealt with it.
That the the inspector called the landlord.
He had all the information.
So, you know, I'm just wondering, is what is different than what we already have.
I mean, especially when you say put his license number on me, his put his license, put his license um number on there.
I mean I just I don't know.
That's okay.
I just I won't be voting for the amendment.
That sounds ridiculous.
You already have all the information.
Nanny wants it again, just to add another layer form to whatever you're doing.
I mean, just that's not reinvent the real making up stuff just because you're making up stuff.
So that sounds ridiculous to me.
That which he just said.
I understand right.
Should I respond?
Yeah, I think we should just try to be respectful in our um oh no in our comments.
Oh no, I'm sorry, I mean it like that.
Let me take that back.
I just think that was um aggressive form to put on because we uh we already have that.
So I'm sorry, I didn't mean it in that form.
I just like why we just repeat what we already have.
I'm sorry, I didn't mean it in that form.
All right, thank you.
No phone.
I'm gonna take a vote on the did you want to respond, or we just want to take a vote on the amendment?
I did want to respond because uh what she said is valid.
The reason why we had to the reason why I put this information in, and it's been a change, it's been adjusted some from what you have in front of you, is because this is about the tenants' uh rights in their lease agreement, and you're right, most of this stuff is on here, but we want to make certain that everything is added.
So when they come to the city stating that I need to do uh you know, withhold rent, and I need to be part of the escrow program, they already have this stuff in hand.
So by you know, a lot of times the the landlord, whatever it is that they are signing that lease agreement, they have a little little brief summary about what is expected between the landlord and tenant.
We just want to make certain that that information, whatever it is that that copy that they're giving them includes these things, that they'll always have these things.
They'll always know how to contact their landlord, they'll always know how to contact the third party person.
They they'll know when the last time the place has been inspected, all that kind of stuff will be right in their hands.
That's what this is about.
Okay.
All right, thank you.
Want to take a vote on the amendment.
All in favor, signify by saying aye.
Aye.
Any opposed?
Yeah, no.
Amendment adopted.
You may continue.
Okay, so that being stated, um, all right, Mr.
President.
I moved this to be enacting clause of the substitute ordinance and call for a yay and a vote.
Second.
It's been properly moved and seconded that this be known as the enacting clause of the ordinance and called for a yay or nay vote on the question.
So this is um this is accompanying piece to the ordinance escrow.
We just wanted to make certain that if people are coming to the city uh requesting help, that we make it easier for ourselves by asking that this information be given to each of these renters, each of these renters as they're signing a lease agreement.
Now, this is might not be something that people who've been in um, you know, have had lease agreements for some time.
They may not have that.
They may have to go get that.
But if this goes through, this will be uh this will be enacted January 1st of 2026 that we give the um the landlords the opportunity to put that information down so that they'll be able to make copies and distribute it to their brand new residents.
All right, thank you.
Councilmember Owens.
Yes, again, thank you for this.
Can I be added as a co-sponsor?
Thank you.
Any other comments or questions?
Councilmember Darby.
I would like to be added as a co-sponsor, but I also uh do have a question about accountability.
Um so if I'm a landlord, I don't put it in.
How are we as a city holding them accountable when they don't follow that?
Like those things.
Um maybe we can have a conversation out later later on about what that looks like, but I think that's where a lot of landlords are operating the way they are, is because we don't have accountability on the city end to say if you don't have a business license, if you don't have these things, then you can't renew your license, or you can't pull a permit until these things happen.
So I just think it has to be connected to that, but I think that can also be like another piece of legislation, but I am in support of it.
But I don't know what what you think accountability looks like if a landlord doesn't do this.
Um I actually I I've looked at that to me from this point of view, talking to um to Director Pabone.
This is at least giving him access to find out who actually is already doing the um the inspections.
We know that there are a lot of people who are still not getting inspections, so this is giving us a heads up to find out who how long has it been since someone's been inside that that residence or whatever that site, that location.
We'll be able to start figuring out who's doing what and try to get the uh things a little a little bit more tamer when it comes to how our what the types of residents that you know the types of uh apartments and houses that our residents are renting.
This is not gonna be accountability, if anything.
This just uh gives us like a spotlight, a highlight on what's happening outside.
That's basically what this is.
I guess once we get to shore things up, getting that information, then we could probably figure out how do we hold people accountable.
I definitely feel like there needs to be a piece about accountability, but that's not gonna be really here in this.
That has to be something definitely that has to be something else.
This was more so about making certain that any of the residents who wanted to take advantage of the ordinance, the escrow ordinance, they already had this information in hand when they came to, or would they be able to uh access it when they came to and if they didn't and if they couldn't, that's when our L and I could get involved, be like, why this is a this is a law.
Why haven't you taken care of this yet?
Why do this person doesn't have this information?
Can I follow up real quick?
Yes.
So L and I is going to end the inspection, inspect the lease now, and when they inspect the lease, they're gonna check to see if we put the information about the escrow in there.
Well, no, no, the inspector will not be inspecting it.
This is the person who is actually uh retrieving the information from the renter who wants to withhold.
They'll they'll be making certain that all this information is completed.
Okay, got it.
I can follow up.
Yes.
So I'm the renter.
Okay.
I go and put my money at escrow.
The whoever's collecting that escrow goes to the landlord, says, Landlord, show me your lease.
Is this in your lease?
And if it's not in their lease, we have no accountability factor right now.
Wait, my thing I'm confused.
I think I'm confused.
No, you're coming to the city of Wilmington and you want to uh take advantage of escrow ordinance.
You bring your information.
If you don't have all of this, they'll try to make certain that they can get as much as of it of it that they can, but when L and I goes to that property to do the inspection, they'll be making certain that the landlord is aware there's some things that she still have not completed, like you know, whatever that whatever these informations that are blank.
Oh okay, all right.
Okay.
I'm sorry.
All right, thank you.
Any other questions or comments from any council members?
try to make certain that they can get as much as of it of it that they can but when Ellen I goes to that property to do the inspection they'll be making certain that the landlord is aware there's some things that she still have not completed like you know whatever that whatever these information that are blank oh okay all right okay I'm sorry all right thank you any other questions or comments from any council members if not uh any uh any closing comments council member McCoy uh no thanks again for the patience um I'm not really a floor amendment person I was so you can just call for the vote all right Clerk please call for the rule I just wanted to clarify this is not a substitute it's just the ordinance as amended okay thank you um councilman owens yes councilwoman Darby yes councilwoman oliver yes councilwoman harley yes councilwoman will yes councilman councilwoman mcoy yes councilman field yes councilwoman bracey yes councilwoman cabrera yes councilman spidola yes president congo yes yes eleven years and two absent declared adopted councilmember brace he has asked to be excused councilmember john also asked to be excused so his legislation is being held at this time we will move to petitions and communications council president request to be excused yes may be excused president may be excused yes you may be excused councilmember owens yes um I just have one announcement um on november 22nd there's going to be a senior ball at the Powell of Womington um feel free to reach out to me if you're interested in going that's all I have tonight thank you councilmember Darby I have nothing thank you councilmember harley I have nothing thank you councilmember well hour um thank you council president I just wanted to congratulate councilwoman cabrera who was honored as distinguished hispanic Delaware by the Latin American community center at their grandpa on Saturday night deserved thank you that's all I have tonight all right thank you councilmember McCoy yeah congratulations councilwoman cabrera that was a really nice event um I would like to state that uh what's it that MSK is actually having their 10th annual tea party is gonna be on uh this Saturday October 4th at the uh msk community center at 1009 Sycamore Street uh they will be celebrating their 10th year and um uh I think that's basically it I think yeah I think that's all I have today.
All right thank you council member feeling oh no Mr.
President thank you councilmember Kabera yes Mr.
President as we continue the Hispanic um month celebration just want to invite everyone to come out to the urban artist exchange next Wednesday will be the last of the concerts the summer concerts that are sponsored by the Levitt Foundation and others and they are going to have Los Pleneros de la calle entire the planettes will be some music uh some food in fact one of our uh businesses that are part of the uh black restaurant week will be presenting the food merengue house and um on that same topic we hope that people will continue to support um our uh black businesses and celebrate the rest of the week as it culminates on Sunday and celebrate hispanic heritage month as it culminates October 15th thank you all right thank you as I was just mentioned we are still so celebrating black restaurant week there is going to be a black uh restaurant week the food festival is going to be on Sunday from 12 to 5 at the queen I just want to thank everybody who has been a part of making this the best uh black restaurant week yet um I think that we have over 2000 RSVPs for the queen so I want to thank all the food vendors who said that they would give uh free food taste testing tasting um there are a lot there are still gonna be a lot of food vendors outside it's gonna be a lot of fun great family event again it's gonna be from 12 to five so um I will see everyone there also next weekend is Delaware State's homecoming so I just want to give a shout out to the Hornets and everyone who is alum and with that I will accept the motion to adjourn.
Motion to adjourn all right meeting adjourned everyone thank you
Wilmington City Council Regular Meeting - October 2, 2025
The Wilmington City Council met in regular session on Thursday, October 2, 2025, at 6:33 p.m. with remote participation. Eleven members were present, two absent. The meeting included committee reports, treasurer's report, several recognitions for Hispanic Heritage Month and community service, public comments, and legislative action on multiple ordinances.
Consent Calendar
- Approved minutes of September 18, 2025.
- Received and filed committee reports: Community Development and Urban Planning (June 23, 2025 – ordinance 25-018); Health, Environmental, Aging, and Disabilities (June 25, 2025 – ordinance 25-033); Community Development and Urban Planning (September 11, 2025 – ordinance 25-044); Intergovernmental Committee (September 17, 2025 – substitute 1 to ordinance 25-027).
- Received and filed city treasurer’s report (October 2, 2025): total investments $530,601,010.82; cash on hand $15,859,113.70; grand total $546,460,124.52.
- Accepted all non-legislative business.
Public Comments & Testimony
- Deacon Earl Tate (in person) requested repair of a pothole at 26th and Jessup streets, cleanup of glass bottles at 25th and Jessup, and assistance for low-income seniors with water/sewer line repairs.
- Ann Aviles (virtual, 8th district) expressed support for ordinance 25-027 (referendum), stating it strengthens transparency and community-driven democracy.
- Lourdes Rivera (in person, 5th district) supported ordinance 25-027, noting it gives residents a voice in charter changes, and also supported ordinance 25-018 (tenant escrow).
- Nicole Mihai (virtual) supported ordinance 25-027, emphasizing the need for citizen-initiated changes.
- Brandon Fletcher (in person) spoke in strong support of ordinances 25-018 (escrow) and 25-027, calling them vital for housing justice and democracy.
- Cheyenne Miller (in person, 7th district) supported the escrow bill and referendum bill, noting that the escrow bill signals the state to improve withholding laws and that the referendum clarifies existing direct democracy tools.
Recognitions & Proclamations
- Councilmember Cabrera recognized Anna Maria Figueras (24 years at Latin American Community Center) and Jonathan Galindo (realtor, advocate for Latino wealth building) during Hispanic Heritage Month.
- Councilmember Darby recognized Innocence Project of Delaware on International Wrongful Conviction Day (October 2), noting nearly 200 applications since 2020 and that all five exonerated Delawareans were Black men.
- Councilmember Harley recognized Black Restaurant Week 2025 (September 28–October 5) and the participating entrepreneurs. Several owners spoke: Nikita Thomas (Rooted AF), April White (Holistic Alchemy Brews), Jason (Greenbox Kitchen), Kia (The Selfie Restaurant), Sia Dempster Willie (author), Candice English (Mind, Body, and Soul Food), Rhonda Conway (R&FCF), Lily Jordan (Taste of Haitian Cuisine), Jeremy McDonald (Rum Punch Restaurant), Varkeen Wilburn (King's Cuisine).
- Councilmember Harley also recognized Kelly Lacey (32 years of service at Neighborhood House Inc., Director of Family Services and Homelessness Prevention).
- Councilmembers offered sympathy resolutions for Robin Unthank, Darwin Coleman, Anna Maria Hernandez, Abby Egosa, Charles Ellis Harris, Adrian Charlene Medford, Charles Bryant Sr., Theodore Samuel Brown, Marjorie Lewis, and Teresa Pervey.
Discussion Items
Ordinance 25-048 – Commercial Recreation and Public Assembly in M1 District (third reading)
- Proposed to add “commercial recreation” (e.g., fitness centers, skating rinks) and “public assembly” (e.g., community centers, places of worship) as by‑right uses in the M1 light manufacturing zone. Currently, such uses require a variance through the Zoning Board of Adjustment.
- Planner Abdurashid Dawudu presented: the change aligns with development trends (e.g., Chase Field House generated 2.4 million visits in 2022–2024), supports revitalization, and is consistent with cities like Philadelphia and Los Angeles.
- Several council members raised concerns about loss of community input. Councilmember Owens noted that by‑right status bypasses ZBA hearings, which currently require community outreach. Councilmember Johnson worried the “public assembly” definition was too broad (could include clinics). Councilmember Darby called for community benefits agreements and equity audits. Deputy Chief of Staff Daniel Walker argued the current ZBA process disincentivizes small businesses and that community engagement is still encouraged. Councilmember Bracey noted community input is not currently required by policy.
- After extensive debate, the sponsor (Councilmember Cabrera) moved to hold the ordinance for further study. Council voted to return to regular order without passage.
Ordinance 25-033 – Education Workforce Down Payment and Settlement Assistance Program (third reading)
- Creates a loan/grant fund to help educators (public schools and public charter schools within Wilmington) become homeowners. Floor amendment reduced income eligibility from 120% to 100% of Wilmington AMI and removed language allowing grants for capital budget funds.
- Councilmember McCoy and others praised the program for retaining quality educators. Unanimous support.
- Vote: Passed 10–1 (Councilman Spadola nay), 2 absent.
Ordinance 25-027 (Substitute 1) – Referendum to Amend City Charter (third reading)
- Codifies process for a citizen-initiated referendum via petition (10% of registered voters) or by council resolution. Sponsor Councilmember Darby stated it is a housekeeping bill since the city already has referendum authority. Floor amendment added signature verification by the Department of Election and limited charter commission authority to petitioned amendments.
- Debate included questions on costs, equity of signature collection, and potential fiscal impact. Councilmember Harley wanted equitable geographic distribution of signatures; Councilmember Oliver expressed concern about costs and diminishing council power.
- Vote: Defeated 4–7 (yes: Owens, Darby, Willower, Congo; no: Oliver, Harley, McCoy, Field, Bracey, Cabrera, Spadola), 2 absent.
Resolution 25-054 – Council Rules on In-Person Voting (first reading and final action)
- Would require council members to be physically present to vote, with exceptions for disability/medical condition (per state law) and city‑paid travel. Sponsor Councilmember Darby said the community complained about virtual participation. Councilmember McCoy stated she previously considered such a rule but backed off due to safety concerns and appreciation for the president’s recent attendance enforcement.
- Vote: Defeated (4 yes, 6 no, 1 present, 2 absent) – did not achieve required two‑thirds (8 votes).
Other Ordinances Introduced and Referred
- 25-054 (Owens): Temporary moratorium on foreclosures due to property tax increases if owner is on a payment plan. Referred to Finance & Economic Development.
- 25-055 (Owens): Prohibit parking of tow trucks on city streets. Referred to Public Safety.
- 25-056 (Darby): Amend code regarding paving of privately controlled non‑dedicated alleys. Referred to Public Works & Transportation.
- 25-057 (Harley): Amendment #1 to FY2026 operating budget. First and second reading; no further action noted.
- 25-058 (McCoy): Exempt active‑duty uniformed service pay from city earned income tax. Referred to Finance & Economic Development.
- 25-059 (McCoy): Approve Anchorage Overlook subdivision plan and street dedications. Referred to Community Development & Urban Planning.
Key Outcomes
- Ordinance 25-033 (Education workforce down payment assistance): Adopted with floor amendment (income cap lowered to 100% AMI). Vote: 10–1, 2 absent.
- Ordinance 25-018 (Tenant escrow for withheld rent): Adopted with floor amendment (council evaluation by March 31, 2026). Implementation begins 30 days after signature; L&I to train staff. Fiscal impact estimated at $301,700 (including a $32/month per‑account bank fee). Vote: 10–1 (Councilman Spadola opposed), 2 absent.
- Ordinance 25-044 (Landlord notice of tenants’ rights in lease): Adopted with floor amendment (additional lease provisions including landlord contact info, business license, last inspection date). Effective January 1, 2026. Vote: 11–0, 2 absent.
- Ordinance 25-048 (M1 by‑right uses): Held without vote; sponsor moved to return to regular order for further study.
- Ordinance 25-027 (Referendum process): Defeated 4–7.
- Resolution 25-054 (Council attendance rule): Defeated (did not achieve two‑thirds).
- All other introductions referred to respective committees.
Announcements
- Councilmember Owens: Senior Ball at the Ponds of Wilmington on November 22.
- Councilmember Willower: Recognized Councilmember Cabrera as Distinguished Hispanic Delawarean.
- Councilmember McCoy: MSK Community Center 10th annual tea party October 4.
- Councilmember Cabrera: Urban Artist Exchange concert (Los Pleneros) next Wednesday; continued support for Black Restaurant Week and Hispanic Heritage Month.
- Council President Congo: Black Restaurant Week food festival at The Queen on Sunday, October 5 (12–5 p.m.); also reminded of Delaware State homecoming.
Meeting Transcript
The meeting will please come to order. Thank you, everyone, for joining us, everyone who is in council chambers, and those of you who are watching virtually. Today is Thursday, October the second. My name is Trippy Congo, president of Wilmington City Council. And again, on behalf of all of my colleagues, just want to say thank you for joining us. At this time we will have our opening prayer by Marilyn Rivera. Heavenly Father, we have assembled to handle the affairs of our city. As we do so, we ask for your guidance and understanding. We pray that our city reaches a place of peace and safety. Keep us out of harm's way and bless those who are in authority. Let respect be key in all our endeavors. And now we will recite the Pledge of Allegiance. Councilman Owens. Present. Councilwoman Darby. Present. Councilwoman Oliver. Present. Councilwoman Harley. Present. Councilwoman Willower. Present. Councilwoman McCoy. Councilman Johnson. Here. Councilman Field. Present. Councilwoman Bracey. President. Councilwoman Cabrera. Here. Councilman Hackett. Councilman Spadola. Present. President Congo. Here. Eleven present and two absent. Thank you. Just as a um public note for anyone who is with us virtually, there is a Google Google form sign up link in the chat if you would like to give public comment. Anyone who is here with us in council chambers, if you haven't already signed up for public comment, and you wish to give comment, you do still have time to sign up. September eighteenth, 2025. City Council met in regular session with remote participation. I mean, I'm sorry. City council met in regular session with remote participation on the above date at 633 p.m. President Pro Temp Yolanda M. McCoy presiding. I make the motion accepted. Second. It's been properly moved and second for the minutes to be accepted as written on the question. All in favor signify by saying aye.
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