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.