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HomeMy WebLinkAbout2025-04-28 City Council Minutes (3) MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—APRIL 28, 2025 Meeting called to order at 7:00 PM Chaired by Council Chair Pelletier Councilors Absent:None Meeting adjourned at 7:S3 PM PUBLIC COMMENT Scott Pardy spoke regarding the financial implications of the ongoing waste management situation. Joshua Faile advocated for a city ordinance to bar city officials from participating with ICE. Justin Cartier thanked Tracy Willette and the Parks&Recreation Departnzent for a successful Kenduskeag Canoe Race. He also felt a month should be dedicated to our Veterans. He was concerned with removing Roberts Rules of Order from committee meetings Gilles Dube was concerned with the density added to Lincoln Street and felt it was ruining the neighborhood and should not be allowed CONSENT AGENDA ASSIGNED TO ITEMNO. COUNCILOR *Explanatory Note:All items listed in the Consent Agenda are considered routine and are proposed for adoption by the City Council by one motion without discussion or deliberation. Any member of the public may request that the Council remove an item from the Consent Agenda for discussion. An item will only be removed if a City Councilor requests its removal to New Business. MINUTES OF: City Council Meeting of April 14, 2025,Business and Economic Development Meeting of April 7,2025, Finance Committee Meeting of March, 24, 2025, and Finance Comrrzittee Meeting of March 17, 2025 Action: Approved 25-I33 ORDER Authorizing the Execution of a Municipal Bill of Sale for a BECK Mobile Home Located at 17 Pray's Park Action: Passed 25-134 ORDER Authorizing the Execution of a Municipal Bill of Sale for a TREMBLE Mobile Home Located at 31 I Street Action: Passed 25-135 ORDER -- Authorizing the Execution of a Municipal Quitclaim Deed HAWES for Real Estate Located at 34 Dean Street Action: Passed Page 1 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—APRIL 28, 2025 CONSENT AGENDA ASSIGNED TO ITEMNO. COUNCILOR 2S-136 ORDER Authorizing the Execution of a Municipal Quitclaim Deed BECK for Real Estate Located at 40 Dillingham Street Action: Passed 25-137 ORDER Authorizing the Execution of a Municipal Bill of Sale for a MALLAR Mobile Home Located at 206 Cedar Falls Mobile Home Park Action: Passed 25-138 ORDER Authorizing the Execution of a Municipal Quitclaim Deed LEONARD for Real Estate Located at Cardinal Way Action: Passed 25-I39 ORDER Appointing Nominees to Various Boards, Commissions and MALLAR Committees Action: Passed 25-I40 ORDER Adopting the Written Decision and Order for 67 Lincoln FOURNIER Street Action: Passed 25-I4I ORDER Adopting the Written Decision and Order for 354 Ohio LEONARD Street Action: Passed 25-142 ORDER Authorizing City Manager to Accept a Donation of l3 Trees DEANE fronz Bangor BeautiJul Action: Passed 25-143 ORDER Accepting a$24,000 Donation fro�sz the Barbara Cassidy TREMBLE Foundation to Provide Heating Assistance to Bangor Residenls in Need Who Do Not Qualify for Other Forms of Assistance Action: Passed 25-144 ORDER Amending the Schedule of Fees by Amending Planning FISH Fees Starting July I, 2025 Action: Passed Page 2 MINUTES OF REGULAR MEETING BANGOR CITY CO UNCIL—APRIL 28, 2025 CONSENTAGENDA ASSIGNED TO ITEMNO. COUNCILOR 25-145 ORDER Approving a Mural on the Fence Along Main Street FOURNIER Enclosing the Waterfront Concerts Leased Area Action: Passed REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEM NO. COUNCILOR 25-146 RESOLVE Accepting and Appropriating�75,000 in Funds from the HAWES Maine Community Resilience Partnership Program for Municipal Building Energy Audits and Bicycle Infrastructure Action: First Reading and Referral to Government Operations Committee on May S,2025 UNFINISHED BUSINESS ASSIGNED TO ITEMNO. COUNCILOR 25-119 ORDINANCE Amending the Code of Ordinances to Clar�that Roberts BECK Rules of Order Apply Only to the Council and Boards, Committees and Commissions with Decision-Making Authority Hilari Simmons,Justin Cartier and Suzette Furrow spoke in opposition to the Ordinance. Michael Norton spoke in favor of the Ordinance. Action: Motion made and seconded for Passage vote: 6—3 Councilors Voting Yes:Beck,Deane, Fournier,Leonard, Tremble,Pelletier Councilors Voting No: Fish,Hawes,Mallar Passed 25-120 RESOL i�E Appropriating$199,511 from the Improvement Reserve to DEANE Fund Audio/Visual Upgrades for City Hall Action: Motion made and seconded for Passage Passed 25-121 RESOL i�E Appropriating$4I3,000 from the Unassigned Fund FISH Balance to Fund Wiring and Security System Upgrades at Bangor City Hall Action: Motion rnade and seconded for Passage Passed Page 3 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—APRIL 28, 2025 UNFINISHED BUSINESS ASSIGNED TO ITEMNO. COUNCILOR 25-122 RESOL VE Accepting and Appropriating$192,S6S from the Maine TREMBLE Emergency Medical Services Stabilization and Sustainability Program for the Bangor Fire Department Action: Motion made and seconded for Passage Passed NEWBUSINESS ASSIGNED TO ITEMNO. CDUNCILOR PUBLIC HEARING: Application J'or Special Amusement Permit of House,LLC d/b/a Penobscot Pour House, 14 Larkin Street Action: Motion made and seconded to Open the Public Hearing Public Hearing Opened Motion made and seconded to Close the Public Hearing Public Hearing Closed Motion made and seconded for Passage Passed 25-I47 OXDER Establishing an Opioid Settlement Funds Advisory LEONARD Committee Special Co�n`nittee Scott Pardy congratulated the Council on establishing a committee. Tyler Shanahan was also in favor of the committee. Justin Cartier thought Mr. Pardy and Mr. Shanahan should be considered for membership on the cornmittee. Actiotz: Motion`nade and seconded for Passage Passed 25-I48 RESOLT�E Accepting the Downtown Bangor Transportation and HAWES Streetscape Improvement Study Submitted to the Maine Department of Transportation Action: Motion made and seconded for Passage Passed .' � ATTEST: Lisa . Goodwi ,MM , City Clerk Page 4 I'm back tonight to discuss the ongoing waste management situation. The Hampden facility has been a recurring topic, and believe me, I'm as weary of it as anyone. However, it's crucial that we all pay close attention to what's unfolding. My immediate concern revolves around the financial implications, specifically the amount of Bangor taxpayer money directed to the MRC. I'm actively seeking publicly available data on this. Given the current circumstances,the looming property tax increase is deeply troubling and wi11 place a further strain on our community. It is your responsibility to ensure that property taxes in Sangor do not rise. Reduce the budget. Regarding the Hampden facility i�self,recent updates indicate it's currently operating as a transfer station,with the MRF supposedly becoming fully operational this fall to process a11 incoming waste on-site. Anaerobic digesters are projected for 2026. While I acknowledge the initial support for this plan and the hope for its success, I've contacted Casella to ascertain the actual percentage of waste currently being processed at the facility as a transfer station. Initial information suggests it's minimal, with the vast majority still going to landfill. I expect to have concrete figures within the next day or two. Michael Carroll, Executive Director of Municipal WasteHub, has stated their facility's goal is to recover 50%of waste, a significant improvement over the typical 10-15% from standard recycling. He detailed a process of extracting recyclables (plastics,tins, paper), repurposing glass and grit for cover and drainage, and converting organics and fiber into natural gas. Carroll stressed their commitment to meeting the 50%recovery permit requirement. We can be almost certain that failing to meet the 50%recovery permit will come without penalty. This has turned into a complete white elephant. We absolutely must have the courage to immediately explore alternative solutions. The ongoing lack of power generation from the Orrington plant and the absence of recycling across our communities is a disgrace. I implore you to step up and actively find a resolution. Sincerely, Sott Pardy A Bangor tax payer Public Comment Thanking the Bangor City Council for Considering a Local Ordinance Barring Collaboratian with Federal Immigration Enforcement Delivered at Bangor C.'ity C,'ourrcil Meeting 28 April 2025 � By Jo.sh.ua Fuile Good evening, Council Members, Thank you once again for allowing me to speak. My name is Joshua Faile. I live and work here in Bangor and previously spoke to the council on 14 April 2025 to advocate for a city ordinance that would bar Bangor law enforcement from assisting federal agencies in immigration enforcement actions. I would like to sincerely thank the Council—especially Chair Pelletier—for being open to such an ordinance.Your willingness to listen and consider this issue means a great deal, not only to me but to many in our community who are deeply invested in protecting civil rights and public trust. I recognize that no ordinance has yet officially been introduced, and I understa,nd that thoughtful policymaking takes time. But I want to reemphasize why such an ordinance remains so important. As I said in my previous testimony, immigrants are essential members of our community and are vital to Bangor's—and Maine's—future wellbeing and economic prosperity.And, like all people in the United States, they are entitled to constitutional protections—rights that do not depend on citizenship status. Recent statements from federal leadership have only heightened the urgency. Over the last few weeks,the President and many members of his cabinet have openly suggested sending not just immigrants,but US citizens to foreign prisons. In fact, they have already been detaining and expelling US citizens, some as young as 2 years old.And the Executive branch is arguing in court that they alone should decide who stays and who goes, without judicial oversight, even when constitutional rights are violated. This is not hypothetical—it is happening right now.And it underscores why local leadership inatters more than ever. By adopting this proposed ordinance,the Bangor City Council can take an important stand, affirming that our police will not assist with unconstitutional actions;that Bangor will not participate in practices that undermine the rule of law or contravene the right that every person in the US has to due process. This is not just about immigration. It is about the kind of city we aspire to be: a city where civil rights are protected for—and by�veryone,where law enforcement is trusted by our community, and where constitutional principles are upheld without compromise. I again urge you to adopt an ordinance that reflects these values. Thank you for your time,your leadership, and your commitment to upholding the Constitution. / � ����✓GZ � � Joshua Faile 30 West Street Bangor, ME 04401 April 28, 2025 Bangor City Council Members Dear City Council Members, I hope this message finds you well. I'm writing to encourage the Council to consider requiring all committees to consistently follow Robert's Rules of Order when it comes to establishing a quorum before conducting business. Ensuring a quorum is not just a technicality—it's a vital part of making sure that decisions are fair, legitimate, and representative. Having clear rules about quorum matters for a few key reasons: • Legitimacy: Without a quorum, any decisions made can be challenged as invalid, which can delay important projects and create unnecessary complications. • Consistency: When every committee follows the same standards, meetings run more smoothly, expectations are clear, and confusion is minimized. • Fair Representation: Quorum rules help prevent a small group from making decisions on behalf of everyone, ensuring that actions taken reflect the views of the full committee. • Efficiency: Meetings without a quorum often waste everyone's time. Following the rules helps meetings stay productive and focused. • Public Trust: Citizens expect fairness and transparency from their local government. Using a trusted system like Robert's Rules builds confidence that business is being handled properly. • Legal Protection: Clear, consistent procedures can help protect the city from legal challenges if questions arise about how decisions were made. In short, making sure that a proper quorum is present before moving forward with any committee decisions protects not only the integrity of the process but also the council, the city, and the community's trust in its leadership. Thank you very much for considering this suggestion. I appreciate all the work you do for our city, and I would be happy to help in any way if needed. Hilari K. Simmons-Resident of Bangor Suzette Furrow Michael Furrow Residents of Bangor City Council Meeting Monday, April 28, 2025 25-119 ORDINANCE Amending the Code of Ordinances to Clarify that Roberts Rules of Order Apply Only to the Council and Boards, Committees and Commissions with Decision-Making Authority The Council should NOT approve this ordinance. Robert's Rules of Order, should apply to ALL committees including advisory committees. The most basic requirement for all meetings is that a quorum is present. If no quorum is present, then why even proceed with the meeting? If they proceed without a quorum, no decisions can be made or any formal action,this means no motions can be made and the minutes from the previous meefing cannot be approved. If you go back and watch previous advisory committee meetings, motions have been made and minutes have been approved WITHOUT a Quorum . They have also made decisions which have been presented to the council. The council has not been informed that these decisions were made without a quorum present. Just because this has been a long-standing practice of allowing an advisory body to proceed with the meeting, does not make it the correct decision; it just means no one has noticed until this point or brought it to the attention of the city council. If the City Council watches the Parks, Recreation and Harbor Advisory Committee meeting held on March 13, 2025,they will note that the city solicitor was a guest at this meeting. There was not a quorum at this meefing, yet the chair of the committee asks for a motion to approve the minutes. The city solicitor told the advisory committee that they need 5 members for a quorum, and they only had 4 at this meeting. The city solicitor said that based on what he found and what the legal department found, it seems like Robert's Rules does apply to advisory committees. He further stated that since these advisory committees do give advice to the council; he has not found anything that mentions that Robert's Rules does not apply as a default. WHAT HAS CHANGED SINCE THE CITY SOLICITOR CHECKED WITH THE LEGAL DEPARTMENT? If the city solicitor did not make this decision, who did? A Quorum is a fundamental rule applied to committees everywhere. Even sports committees and service clubs and fraternal organizations follow the basic rule of having a quorum. If the Council approves this ordinance, you are heading down a slippery slope. A future chair of the council could create more advisory committees according to their political leanings. Even though these advisory committees will not have a quorum, advice could be given to the council although there may have only been 2 members present. The 2 members present may have extreme views that do not reflect the views of the committee. If you approve of this ordinance, the council will have to ask if a quorum was actually present when a decision was made and verify with the minutes from the advisory committee. If there are no quorum requirements, there is no incentive for members of these advisory committees to attend the meetings,they would be under NO obligafion to attend a meeting. They may want to be on the committee as a resume enhancer, or as a springboard for future political aspirations. They may also want to be a place holder and prevent someone who would have shown up for the committee meeting because they see value in the committee. When they decide to attend a meeting,the information from a previous meeting that they did not attend, will have to be repeated which wastes valuable city resources and city employees time which also wastes the taxpayer's money. If a committee (advisory or not) continually cannot attain a quorum,then maybe the advisory committee is not necessary to the community. Can any council member or the city solicitor or manager name any municipality that allows committees, advisory or not,to continue a meeting without a quorum? Bangor has been a city that has been picking and choosing which rules and laws it wants to enforce. The city has been enforcing the removal of snow from the sidewalks in front of people's homes and the on-street parking bans; however, the littering ordinances and state laws have gone unenforced, allowing things such as syringes to be thrown throughout the city and on private property. This has been allowed to continue despite an increasing number of HIV cases in Bangor. The fundamental Rule of having a quorum to conduct a meeting may seem like it is unnecessary, however it is a fundamental rule that needs to be followed otherwise there is no point in wasting valuable resources and setting the city up for potential lega) action. Thank you! v3 ���._ Fresh Start, Inc. 207-481-8201 100 Center St �Freshstartrecovery-maine.org Bangor, Maine 04401 1 April28, 2025 My congratulations to the council for establishing a committee to accelerate the distribution of the opioid settlement funds, now surpassing$1 million at City Hall.While I won't belabor the past delays in getting these vital resources to those in need, I share Counselor Tremble's apprehension that this additional step might prolong the process, reminiscent of the ARPA fund distribution. However, I am hopeful that by setting clear timelines,you can ensure a rapid release of these funds. I will return to advocate for their effective use. Speed is paramount.As Counselor Beck so accurately pointed out,this is"blood money," not ours to manage unnecessarily. Please allow those with the necessary expertise to make allocation decisions and release these funds urgently. Scott Pardy . Fresh Start Inc.