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HomeMy WebLinkAbout2026-01-28 City Council Minutes REGULAR MEETING BANGOR CITY COUNCIL—JANUARY 28, 2026 Meeting called to order at 7.03 PM Chaired by Council Chair Hawes Councilors Absent: Walker Meeting adjourned at 8:26 PM PUBLIC COMMENT Pamela Proulx-Curry read a message from Kimberly Boucher urging the Council to act to protect the citizens from the actions of ICE. Hilari Simmons wanted items presented to the City to be accurate and transparent. Rory(no last name given)spoke against hate speech and urged the Council to enforce policies during public comment. Adam Baker wanted the City to take a stronger stance against ICE. Scott Pardy urged the Council to have a budget freeze to avoid a tax increase. Richard Charleston wanted to see proper disbursement of opioid and homeless money. Laura Stowe spoke regarding damage to her home caused by a tree in the City's right-of-way. George Lance gave his thoughts on freedom of speech. Richard Ward and Phillip Hassler spoke in support of ICE. 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: Bangor City Council Regular Meeting of January 12,2026,Infrastructure Committee Meetings of November 17,2025 and December 15,2025 Action: Approved 26-067 ORDER Appointing Nominees to Various Boards, Commissions and MALLAR Committees Action: Passed 26-068 ORDER Awarding a Contract to Carpenter Associates to Provide FALOON Project Management Services for Bangor International Airport Action: Passed Page 1 REGULAR MEETING BANGOR CITY COUNCIL—JANUARY 28, 2026 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR 26-069 ORDER Authorizing the City Manager to Apply for a One-time CARSON Grant from Adept Educational Institute in the Amount of $5,000 for the Purpose of Promoting Gambling Prevention Messages to Parents and Youth Action: Passed 26-070 ORDER Authorizing the City Manager to Submit the Watershed WALKER Based Plan for Penjajawoc Stream Dated March 2025 to the Maine Department of Environmental Protection for Acceptance Action: Passed 26-071 ORDER Accepting the 2025Annual Reportfrom the Commission on FISH Cultural Development Action: Passed 26-072 ORDER Authorizing the City Manager to Execute a Parking Lease DEANE with Penquis for Fifteen Parking Spaces along Curve Street Action: Passed REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEMNO. COUNCILOR 26-073 ORDINANCE Amending the Code of the City of Bangor by Changing the FISH Restrictions on Short-Term Rentals in Tiny Home Parks and Manufactured Home Parks Action: First Reading and Referral to Planning Board on February 3,2026 26-074 RESOLVE Authorizing$450,000 from the Stormwater Unassigned BECK Funds Account for Construction of a Stormwater Trunk Line for the Sanford Brook Drainage Area Action: First Reading Page 2 REGULAR MEETING BANGOR CITY COUNCIL—JANUARY 28, 2026 UNFINISHED BUSINESS ASSIGNED TO ITEM NO. COUNCILOR 26-050 ORDER Authorizing the City Manager to Negotiate with Sheridan FALOON Construction for Construction Manager Services for the Bangor Central Kitchen Project at 50 Cleveland Street Hilari Simmons and Scott Pardy spoke in opposition to passage. Action: Motion made and seconded to Postpone to the City Council Meeting on February 9,2026 Motion Doubted Vote:2—6 Councilors Voting Yes:Faloon,Mallar Councilors Voting No:Beck, Carson,Deane, Fish, Leonard,Hawes Motion Failed Motion made and seconded for Passage Motion Doubted Vote: 6—2 Councilors Voting Yes:Beck, Carson,Deane, Faloon, Fish,Leonard Councilors Voting No:Mallar,Hawes Passed 26-058 ORDINANCE Amending the Land Development Code,Section 165-13 CARSON Definitions to Remove Ohio Street and State Streetfrom the Minor Arterial Street Definition and Add Ohio Street to the Major Arterial Definition Jeffrey Fahey,Joseph Pratt,Sadie Francis,Paul Pasquine and Tammy Boyle spoke in opposition. Action: Motion made and seconded for Passage Vote: 0-8 Councilors Voting Yes:None Councilors Voting No:Beck, Carson,Deane, Faloon, Fish,Leonard,Mallar,Hawes Motion Failed Page 3 REGULAR MEETING BANGOR CITY COUNCIL—JANUARY 28, 2026 NEW BUSINESS ASSIGNED TO ITEM NO. COUNCILOR PUBLIC HEARING: Application for Special Amusement License Renewal of BECK Bangor Lodge#244 BPO Elks d/b/a Bangor Lodge#244 BPO Elks, 108 Odlin Road Action: Motion made and seconded to Open Public Hearing Public Hearing Opened Motion made and seconded to Close Public Hearing Public Hearing Closed Motion made and seconded for Approval Approved ATTEST.• D Lisa J. Go r)41,47n,VMOff, City Clerk Page 4 FACT SHEET: PROPOSED BUDGET FREEZE & TAX RELIEF To: Bangor City Council From: Concerned Citizens of Bangor Date: Jam 28, 2026 Subject: Protecting Resident Welfare through Fiscal Discipline I. THE HUMAN IMPACT: A SHARED BURDEN • The Shift: Residential homeowners now shoulder approximately 48.8% of the city's tax burden. • The Vulnerable: Fixed-income seniors and first-time homebuyers are being priced out. Property tax increases act as a regressive tax that disproportionately hurts those least able to pay. • The Mandate: Per the City Charter,the Council is elected to look after the welfare of all residents—not just specific interest groups or development projects. II. AVAILABLE "POCKETS": BUDGETARY CUSHIONS The city maintains several accounts that can be utilized to offset a tax increase: • Undesignated Fund Balance: This "rainy day" fund currently holds millions. While a 10%-15%reserve is standard, any excess should be returned to taxpayers during periods of high inflation. • The Overlay Account: Historically, the city budgets significantly more for tax abatements than it actually pays out (often a gap of hundreds of thousands). This "hidden" surplus should be used to lower the mill rate. • TIF Revenue& Savings: With nearly $850,000 in projected savings from new medical leave structures, these funds must be applied directly to tax relief, not redirected to new spending. III. THE PROPOSED SOLUTION: A BUDGET FREEZE We are formally requesting a Total Budget Freeze for the upcoming fiscal year. • Objective: Maintain the current mill rate by matching expenditures to current revenue levels. r 1 • Mechanism: Utilize the Undesignated Fund Balance to bridge any unavoidable gaps (contractual obligations)without raising taxes on residents. IV. LEGAL PATHWAY: CITIZEN INITIATIVE Should the Council choose to increase the tax burden, residents are prepared to exercise their rights under Maine Revised Statutes Title 21-A and the Bangor City Charter: • The People's Veto/Initiative: A petition process to mandate a budget cap or freeze. • Requirement: Signatures from 10% of the total votes cast in Bangor for the last gubernatorial election. • Goal: To ensure the residents have the final say on the affordability of their own community. 'A budget is a moral document. It reflects who we value. Tonight, we ask you to value the people who live, work, and retire in Bangor." 11/1/25 58 Savage Street Tree Damage • 8/22/25 Laura Stowe at 58 Savage Street in Bangor (207-735-4418) filled out a service request through the ClickFix platform on the City of Bangor website to submit to the Public Works Department. The photos showed a tree on city property with dead limbs overhanging the front of our home Within a day or two, City Forrester, Ben Arruda came to examine the tree. Determined it was, indeed, dying, and marked it for removal. • 11/1/25 10:30 a.m. (11 weeks later) a large limb calved off of the condemned tree and landed across our recently replaced vinyl front stairs handrail, the attached solar cap, and also damaged our recently replaced seamless roof gutter and one heat cable wire was pulled from the soffit. • 11/1/25 Mrs. Stowe called Public Works and Steve Robichaud arrived to do an initial assessment of the damage. He parked across Savage Street under another large tree of concern and, as he was exiting his truck, a large branch fell on it. Steve introduced himself and began taking photos of the tree damage and reached out to Ben Arruda. • Ben arrived shortly, took photos of the damage, advised Mr.and Mrs. Stowe that he would write a report to submit to Andy Van Ess in the Office of Risk and Safety. He and Steve then removed the limb from our home and cleaned up the sidewalk. • 11/16/25, We received a letter from Peter Tanous, Senior Claims Representative, Property and Casualty Pool at Maine Municipal Association Risk Management Services, saying, "We are in the process of completing an investigation into the incident and will be in a better position to determine liability once all of the facts are presented." The letter also asked us to please call him to discuss the incident. • 11/20/25, Laura called Peter Tanous and he advised her that back in 1977 the State of Maine passed an Immunity-from-suit law called the Maine Tort Claims Act which absolves the City of Bangor from any financial liability for the damage to our home. • 11/22/25, we received a letter dated and postmarked 11/20/25 from Peter Tanous at Maine Municipal Association Risk Management Services formally advising us of the following. "All municipalities, including the state, are provided immunity from liability under the Maine Tort Claims Act, 14 MRSA 8101 et.seq. The Tort Claims Act grants broad immunity to all municipalities unless the facts fall within certain narrow exceptions." Here, I might add, that none of the exceptions were listed or provided to us. The letter goes on to say the following. "None of the exceptions to municipal immunity apply to this incident and accordingly, the City of Bangor is immune from any liability in this case. We suggest that you contact your insurance provider to address this loss." • 11/3/25 the bulk of the tree was removed. • 1/21/26 At the Meeting of Infrastructure, a discussion regarding trees on city property began at the 5 minute, 52 second mark in the recording. At the 7:41 mark, Susan Falloon asked a question about trees marked for removal by the City of Bangor and shared some concerns that, while she was campaigning, her constituents had expressed about the length of time that had passed before trees were removed. At the 7:58 minute mark, Ben Arruda answers the question and is heard to say that he and his crew try to keep to a 30-day timeline for removal of marked trees but they are currently understaffed (only himself and one heavy-equipment operator) with a backlog of removals, preventive maintenance, and storm cleanup. At the 8:33 mark he says, "...things move, sometimes, slower than they should." EXECUTIVE SUMMARY [Extract from 2022 Comprehensive Plan 31] �¢ - Rur�C Residers#iat � -- 7 I LO. hbprhood fi i i�� h��dgh*�orhp�crd �' (��sid�enCaai jt —Ir l�r� n M r zt YP r The fallawina snPcific land rise areas are identified within the arowth hniindary Count Book TOWN STA ROAD PN LOCATION GROUP AADT19 AADT20 AADT21 AADT22 AADT23 AADT24 BANGOR 06316 10207 4 ODLIN RD(SWB)SW/O US 2/SR 100(HAMMOND) 1 4,670 BANGOR 06332 01504 3 ODLIN RD SB RAMP TO US 2/SR 100(WB) 1 2,339 BANGOR 16006 10207 4 ODLIN RD SW/O PERRY RD 1 6,240 - BANGOR 06007 10207 4 ODLIN RD W/O IR 2457(AMMO INDUSTRIAL DR) 1 4,910 - BANGOR 07400 10208 3 OHIO ST @ 1-95 OVERPASS @ BR#5790 1 7,900 - BANGOR 03801 10208 4 OHIO ST N/O HIGHLAND AVE 1 2,364 - BANGOR 07208 10208 6 OHIO ST NW/O DAVIS RD 1 - 1,770 - BANGOR 01208 10208 4 OHIO ST NW/O FIFTEENTH ST 1 7,900 - BANGOR 07008 10208 4 OHIO ST NW/O FINSON RD 1 - 6,430 - BANGOR 07108 10208 4 OHIO ST NW/O GRIFFIN RD 1 9,660 - BANGOR 13608 10208 4 OHIO ST NW/O HOLLAND ST 1 3,710 - BANGOR 18708 10208 6 OHIO ST NW/O PINELEDGE RD @ HERMON TL 1 1,404 - BANGOR 07308 10208 3 OHIO ST NW/O SIXTEENTH ST 1 9,190 - BANGOR 04808 10208 4 OHIO ST NW/0 US 2(HAMMOND ST) 1 - 3,130 - BANGOR 03505 10208 4 OHIO ST S/O DRUMMOND ST 1 3,224 - BANGOR 13805 10208 4 OHIO ST S/O JAMES ST 1 3,370 - BANGOR 03804 10208 4 OHIO ST SE/O EVERETT ST 1 2,852 - BANGOR 01204 10208 4 OHIO ST SE/O FIFTEENTH ST 1 - 6,910 - BANGOR 07104 10208 3 OHIO ST SE/O GRIFFIN RD 1 - 7,035 - BANGOR 14801 10211 6 OTIS ST N/O US 2(STATE ST) 1 - 1,005 - BANGOR 03701 10213 4 PARK ST N/O US 2(STATE ST) 1 2,707 - BANGOR 23208 3201979 - PENN PLZ NW/O STILLWATER AVE 1 324 570 BANGOR 16303 10285 4 PERRY RD E/O MCCAW RD 1 2,680 - BANGOR 16004 10285 4 PERRY RD SE/O ODLIN RD 1 - 3,490 BANGOR 10003 10230 6 POPLAR ST E/O FOUNTAIN ST 1 655 BANGOR 17307 10230 6 POPLAR ST W/O CENTER ST 1 680 - BANGOR 10007 10230 6 POPLAR ST W/0 FOUNTAIN ST 1 641 - BANGOR 20705 10231 6 PRENTISS ST S/O JEFFERSON ST I - 129 - BANGOR 19301 10493 - PUSHAW RD N/O CHURCH RD 1 2,980 - 2,330 BANGOR 18801 10493 4 PUSHAW RD N/O SR 15(BROADWAY) 1 3,420 2,960 2,880 BANGOR 21406 09905 - QUALITY INN ENT SW/O HOGAN RD I - - 8,022 100 BANGOR 01803 10234 6 RAILROAD ST E/O US SUMMER ST 1 1,330 - BANGOR 01807 10234 - RAILROAD ST W/0 AMPHITHEATER ENT 1 - 1,330 BANGOR 11003 10265 6 S PARK ST E/O FRENCH ST 1 - 880 BANGOR 10702 10265 6 S PARK ST NE/O MARKET ST 1 95 BANGOR 11007 10265 6 S PARK ST W/O FRENCH ST 1 - 810 - BANGOR 08402 10247 6 SCHOOL ST NE/O SR 15(BROADWAY) 1 - 3,648 - BANGOR 05602 10252 6 SEVENTH ST NE/O LINCOLN ST 1 - 260 - BANGOR 05906 10252 6 SEVENTH ST SW/O PIER ST 1 - 400 - BANGOR 07306 10258 6 SIXTEENTH ST SW/O OHIO ST 1 - 1,493 - BANGOR 17503 10263 6 SOMERSET ST E/O SR 15B(BROADWAY) 1 1,571 - BANGOR 17507 10263 6 SOMERSET ST W/O SR 15B(BROADWAY) 1 1,444 - BANGOR 19203 10405 6 SPRINGER DR E/O HOGAN RD 1 7,960 - Generated by Drakewell C2-Traffic on 2 October 2025 at 09:30:16 www.maine.gov/dot/publications/traffic-engineering/yearly-traffic-counts 1/3/26,11:11 AM Site M Ci -+sl Site Data 231902007208 -BANGOR 07208-OHIO ST NW/O DAVIS + jk City: Bangor County: Penobscot LRS section: 000000010208 Functional class: 7U-Local(Urban) r Coordinates:44.840167, -68.829678 Esri I City of Bangor,Province of New,&unswick;:Esri,TomTom,Gamin,SafeGrdph,GeoT... r ` Average Hourly Volume Count History Q NorthWest SouthEast Teo 4 160 Count 140 _ Year Month type Duration Count ADT 120 - -- - 2023 November Volume 30 hours 2,583 1,886 ro 100 2017 November Volume 25 hours 2,444 2,317 80 60 2011 September Volume 27 hours 2,185 1,912 Al 4017 IF { _ 20 t r-0__ Count History 3000 2 2317 086 2000 ? _. 1312 _ .. Time o E ® 1000 I s i _... I 0— Annual Statistics 2008 2017 2017 Year Data Item 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 AADT - - 2,110 - - - - - 1,770 - https:Hmainedottrafficdata.drakewell.com/sitedashboard.asp?node=MAI NE_DOT_SDC&cosit=231902007208 1/2 +t City of Bangor, ME Sunday, December 28,2025 Chapter 291 . Vehicles and Traffic Article II. Vehicle Turning and Traffic Movement § 291 -29. Weight limit on-certain streets. [Amended 4-8-1991 by Ord. No. 91-91; 9-14-1998 by Ord. No. 98-339; 2-13-2012 by Ord. No. 12-071; 7-23-2018 by Ord. No. 18-276;4-8-2024 by Ord. No. 24-109] During the period between November 1 and May 15, except when otherwise determined to be necessary by the City Engineer, no vehicle the gross weight of which (vehicle and load combined) exceeds 23,000 pounds shall pass over the portions of highways within the City of Bangor designated below or any City street designated by the City Engineer, except when the surface of the road is solidly frozen. Name of Street Location Burleigh Road From Bomarc Road to Essex Street Church Road From Pushaw Road to Essex Street Davis Road From Union Street to Finson Road Essex Street From Lancaster Avenue to north City line Finson Road From Ohio Street to Broadway Kenduskeag Avenue From Griffin Road to Broadway Mount Hope Avenue From Howard Street to State Street Ohio Street From Griffin Road to north City line