Loading...
HomeMy WebLinkAbout2026-04-27 City Council Minutes MINUTES OFREGULAR MEETING BANGOR CITYCOUNCIL—APRIL 27, 2026 Meeting called to order at 7:00 PM Chaired by Council Chair Hawes Councilors Present:Beck, Carson,Deane, Faloon,Fish, Leonard,Mallar(via Zoom), Walker,Hawes Councilors Absent:None Meeting adjourned at 9:41 PM PROCLAMATION Proclaimed April 30 as National Therapy Animal Day PROCLAMATION Recognized the Important Work of Warming Shelters in Bangor PUBLIC COMMENT Brian Cattell,Kerri Piccininni,Katie Coe,Paul Madore,Hilari Simmons,Scott Pardy, Zach Bednaz,Shane Mallory old town,Larry Dansinger,Evangeline White spoke regarding the unhoused situation in Bangor. Suzene Furrow thought there should be rules governing who is allowed to speak. She also questioned the flock surveillance system and who authorized it, how is it funded and how long was data kept. CONSENT AGENDA ASSIGNED TO ITEM NO. 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. Council Order 26-143 was removed from the Consent Agenda. MINUTES OF: Bangor City Council Regular Meeting of April l3,2026 26-144 ORDER Authorizing an Application for Reimbursement from the State LEONARD of Maine for Costs Related to Implementing LD 1184 and Other Housing-Related Laws 26-I45 ORDER Authorizing the City Manager to Execute a Seasonal Land MALLAR Lease for the Use of a Portion of Land and Building Structure Within the Airport Shuttle Lot Located at 762 Maine Avenue with Enterprise Rent A-Car Company of Boston,LLC 26-146 ORDER Authorizing a Wabanaki ileterans Memorial in Broad Street WALKER Park 26-I47 ORDER Authorizing the City Manager to Enter into a Contract with CARSON Sheridan Construction for Construction Manager at Risk Services for the Community Connector Cold Storage Facility Project 26-148 ORDER Authorizing the Disposition of City-owned Land on Sherman FISH Avenue for Affordable Housing Development Page 1 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—APRIL 27, 2026 CONSENT AGENDA ASSIGNED TO ITEM NO. COUNCILOR 26-I49 ORDER Authorizing the Use of City-Owned Land on Sherman LEONARD Avenue for Affordable Housing Purposes and Declaring Said Use a Public Purpose on Under the Community Development Block Grant Program Action: Motion made and seconded for Passage of Consent Agenda Vote: 8—l Councilors i�oting Yes:Beck, Carson,Deane, Faloon,Leonard, Mallar, Walker,Hawes Councilors Voting No: Fish Passed REFERRALS TO COMMITTEE AND FIRST READING ASSIGNED TO ITEMNO. COUNCILOR 26-1 SO ORDINANCE Amending City of Bangor Code-Part I Administrative LEONARD Legislation Chapter 23 Boards, Committees and Commissions Section 35 through 38,Respectively,to Modify Membership,Election of Officers, and Meetings/quorunz for the Downtown Parking Advisory Committee Action: Motion made and seconded for First Reading Vote:9—0 Councilors Voting Yes:Beck, Carson,Deane, Faloon, Fish,Leonard,Mallar, Walker,Hawes Councilors Voting No:None Passed 26-ISI RESOLVE Authorizing the City Manager to Accept and Appropriate CARSON $7,852,320 in FY23 Bus and Bus Facilities Competitive Grant for the Construction of a Work Force Development Training Center and the Rehab of the Cold Bus Barn Facility for the Community Connector Action: Motion made and seconded for First Reading Vote: 9—0 Councilors Voting Yes:Beck, Carson,Deane, Faloon, Fish,Leonard,Mallar, Walker,Hawes Councilors Voting No:None Passed Page 2 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—APRIL 27, 2026 UNFINISHED BIISINESS ASSIGNED TO ITEMNO. COUNCILOR 26-095 ORDINANCE Amending the Code of the City of Bangor to Establish BECK Chapter 46, "Employee Authority in Immigration Matters" Action: Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Council Chair called for Roll Call vote without reading the amended ordinance. Motion made and seconded to Appeal the Chair's decision Vote:S—4 Councilors Voting Yes:Beck, Carson, Faloon,Leonard, Walker Councilors Voting No:Deane, Fish,Mallar,Hawes Passed to Appeal Chair's Decision Councilor Beck read the amended Ordinance. Michael Norton felt the Ordinance was poorly written. Hilari Simmons spoke in opposition to the amendment. Katie Coe,Jody McDonald,Mitchell Cooper,Ambureen Rana and Evangeline White spoke in favor. Vote on motion to amend by substitution Vote:4—S Councilors Voting Yes:Beck, Faloon,Leonard, Walker Councilors Voting No: Carson,Deane, Fish,Mallar,Hawes Motion Failed Motion made and seconded to postpone until the May 11,2026 Ciry Council Meeting Vote:S—4 Councilors Voting Yes:Beck, Carson, Faloon,Leonard, Walker Councilors Voting No:Deane, Fish,Mallar,Hawes Passed to Postpone 26-139 ORDINANCE Amending Chapter 165,Land Development Code,District LEONARD Map to Re-Zone a Portion of Property Located at 355 Maine Avenue from Government&Institutional Service District to Shopping c�Personal Service District Action: Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes:Beck, Carson,Deane,Faloon, Fish,Leonard,Mallar, Walker,Hawes Councilors Voting No:None Passed Page 3 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—APRIL 27, 2026 UNFINISHED BUSINESS ASSIGNED TO ITEMNO. COUNCILOR 26-140 RESOL VE Accepting and Appropriating$80,000 from Maine General WALKER Medical Center to Implement Outpatient Early � Intervention Services with Respect to HIV Disease. Action: Motion made and seconded jor Passage Vote:9—0 Councilors Voting Yes:Beck, Carson,Deane, Faloon, Fish,Leonard,Mallar, Walker,Hawes Councilors Voting No:None Passed NEWBUSINESS ASSIGNED TO ITEMNO. COUNCILOR 26-143 ORDER Authorizing the City Manager to Endorse a Subordination FISH Agreement and an Amendment to the Development Agreement for Pike Development to Pursue Financing for the Purchase of the Property Located at 8 Harlow Street Action: Motion made and seconded for Passage Motion made and seconded to Amend by Substitution Vote: I—8 Councilors Voting Yes:Beck Councilors Voting No: Carson,Deane, Faloon, Fish, Leonard,Mallar, Walker Hawes Amend`nent Failed Vote on original motion: 9—0 Councilors Voting Yes:Beck, Carson,Deane, Faloon, Fish, Leonard,Mallar, Walker,Hawes Councilors Voting No:None Passed Motion made and seconded to reverse the order of 26-152 and 25-I53 on the agenda Vote: 9—0 Councilors Voting Yes:Beck, Carson,Deane,Faloon, Fish, Leonard,Mallar, Walker,Hawes Councilors Voting No:None Passed 26-153 RESOLVE Addressing Councilor Mallar's Statements During the March DEANE 31, 2026 Ethics Board Meeting Regarding the School Department Budget and Non-English Speaking Bangor Students Page 4 MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—APRIL 27, 2026 NEWBUSINESS ASSIGNED TO ITEM NO. COUNCILOR Action: Motion made and seconded for Passage Motion made and seconded to amend by removing "necessarily"from the final paragraph. Vote:8—0 Councilors Voting Yes:Beck, Carson,Deane, Faloon, Fish, Leonard, Walker,Hawes Passed to Amend Vote: 8—0 Councilors Voting Yes:Beck, Carson,Deane,Faloon,Fish, Leonard, Walker,Hawes Passed as Amended 26-I52 ORDER Referring the Conduct ojCouncilor Mallar on March 31, BECK 2026 to the Board of Ethics for an Advisory Opinion Action: Motion made and seconded for Passage Motion made and seconded to amend by striking "or any other provisions of the Ethics Code." Vote: l— 7 Councilors Voting Yes: Carson Councilors Voting No:Beck,Deane, Faloon, Fish,Leonard, Walker,Hawes Motion Failed Vote: S—3 Councilors Voting Yes:Beck, Carson, Faloon,Leonard, Walker Councilors Voting No:Deane, Fish,Hawes Passed to Refer r ,� � ATTEST: � Lis J. G dwin,MMC, City Clerk Page S �L' �� `�� ���'��S-c'd 0� n� e i7�•0'1 ��17� BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT: The Code of the City of Bangor is hereby amended by the enactment of Chapter 46, "Employee Authority in Immigration Matters," as follows: Chapter 46: EMPLOYEE AUTHORITY IN IMMIGRATION MATTERS §46-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ADMINISTRATIVE WARRANT—A non-judicial warrant or arrest document issued by a federal immigration authority, which has not been reviewed or signed by a judge or magistrate of a court of law. CITIZENSHIP OR IMMIGRATION STATUS—An individual's citizenship or immigration status, as such status is defined in federal law. 'CITY EMPLOYEE—Any person employed by a municipal department or the municipality. CONTACT INFORMATION — Includes home address, work address, telephone number, electronic mail address, social media contact information, or any other means of contacting an individual. FEDERAL AGENCY— Means the United States Immigration and Customs Enforcement (ICE) agency, the United States Customs and Border Protection (CBP) agency, and any other federal agency or successor agency engaged in immigrant enforcement. IMMIGRATION ENFORCEMENT- Means any effort to investigate, enforce or assist in the investigation or enforcement of any federal civil immigration law and includes any effort to investigate, enforce or assist in the investigation or enforcement of any violations of Title 8 of the United States Code. JUDICIAL WARRANT—An order issued by a state or federal judge or magistrate that authorizes a specific law enforcement action. MUNICIPAL DEPARTMENT— Every City department, agency, or division established by charter, authority of an ordinance, executive order, or City Council order. NON-PUBLIC AREA—Area that the general public is not free to enter or access. This includes restricted access areas within buildings and spaces that are otherwise predominantly public, and periods of time during which otherwise public areas are closed for operation. PUBLIC AREA—Area that the general public is free to enter to access. This includes vestibules, lobbies or waiting rooms of buildings and spaces that are otherwise predominantly nonpublic. §46-2. Purpose and policy statement. A. Purpose. This chapter clarifies the relationship between the City of Bangor and the federal government, including the United States Department of Homeland Security and its component agencies, with respect to the investigation, enforcement, or assistance in the enforcement of federal immigration laws. B. Policy. The City of Bangor cooperates with federal and state agencies as required by law, but the City does not operate its departments, programs, or services for the purpose of enforcing federal civil immigration laws or federal criminal immigration laws that penalize a person's presence in, entry into, reentry into, or employment in the United States, absent other criminal conduct. C. Exclusive regulation. This chapter constitutes the sole municipal regulation governing City involvement in federal immigration enforcement and supersedes any inconsistent policy, rule, or practice. §46-3. General City services. A. Administration of services. (1) City employees shall perform their duties solely for the purpose of administering general City services and programs. Employees may complete employment eligibility verification forms (Form I-9) and comply with lawful federal audits or inspections of such forms as required by law. (2) City employees shall comply with properly issued judicial subpoenas or other compulsory legal process when required by law, including those related to immigration matters. (3) Employees may request proof of identity only when authorized and necessary for the perFormance of their duties. No person shall be subjected to greater scrutiny or different treatment based on immigration status or on the presentation of non-U.S. identity documents. B. Prohibition on use of City resources. Except as required by law, City employees, contractors, and representatives shall not use City funds, facilities, equipment, technology, data, or personnel for the purpose of detecting, detaining, apprehending, facilitating, or investigating individuals whose sole alleged violation of law is a civil immigration violation. This includes, but is not limited to, investigating or interrogating persons, providing logistical support, or sharing non-public information for federal immigration enforcement purposes. (1) Information Security. No City employee or department shall enter into any contractual agreement or arrangement with a federal agency to provide access to any database operated by a City department where the purpose of such access includes assisting or supporting immigration enforcement. (2) Contact Information. Unless presented with a valid and properly issued judicial warrant, no City employee or department shall provide contact information, custody status, or work address to a federal agency for the purpose of immigration enforcement. C. Requesting information prohibited. No City employee or department shall request information from a person about their citizenship or immigration status, unless such inquiry or investigation is required by ordinance, court order, or state or federal law. §46-4. Access to City property. A. Restricted use of City property. No City employee or department shall grant any federal agency access to any City-owned facility or property for immigration enforcement, unless required by law. B. Non-public areas. Non-public City spaces are not open for federal immigration enforcement activities absent a valid judicial warrant or other legal obligation. City employees are not authorized to consent to access to such spaces in lieu of a judicial warrant. C. Limitation of Scope. Nothing in this section shall be construed to interFere with compliance with existing contracts, court orders, judicial warrants, or the enforcement of criminal law, or to restrict rights guaranteed under state or federal law. §46-5. Public safety services. A. Limitations. (1) Stops and Detentions. No City employee shall stop, arrest, detain, interrogate, or continue to detain a person for immigration enforcement purposes, including pursuant to an immigration detainer, an administrative immigration warrant, or suspicion that the person is not present legally in the United States. (2)Traffic Perimeters. No City public safety personnel shall establish traffic perimeters for the purpose of assisting or supporting federal immigration enforcement. B. Prohibited agreements. } The City shali not enter into any agreement, including under 8 U.S.C. § 1357(g), to deputize City employees to enforce federal immigration laws, nor any agreement to authorize the custodial transfer or detention of a person for immigration enforcement purposes, including Intergovernmental Service Agreements (IGSAs) or riders to such agreements. C. Permitted cooperation. Nothing in this chapter prohibits City public safety personnel from cooperating with federal authorities in the investigation of a serious crime such as human trafficking, sex trafficking, drug trafficking, or firearms trafficking. D. Access to Persons in Custody. Public safety personnel shall not permit access to, or transfer the custody of, any person to a federal agency for the purpose of immigration enforcement unless one of the following conditions is met: (1) The request is accompanied by a valid judicial warrant; (2) The action is required by state law, including compliance with the narrow exceptions for cooperation specified in 5 M.R.S. § 4763(2); or (3) The action is necessary to comply with a legally binding court order or other compulsory legal process that mandates the turnover or transfer of custody. Public safety personnel shall, in all other respects, not: (4) Permit ICE or CBP agents to use City facilities, information, or equipment (including electronic databases) for investigative interviews, other investigative purposes, or for purposes of executing immigration enforcement. §46-6. Complaints and enforcement. A. Complaints. Alleged violations of this chapter shall be subject to investigation and discipline in accordance with applicable collective bargaining agreements, civil service rules, and City policies. B. Immigration status. No complainant or witness shall be required to disclose immigration status as a condition of filing or participating in a complaint. § 46-7. Compliance with federal and state law. A. General Compliance. Nothing in this chapter shall be construed to require any action prohibited by federal or state law or to prohibit compliance with 8 U.S.C. §§ 1373 and 1644, properly issued judicial subpoenas, or other legally binding obligations. .Y � B. Information Sharing. Nothing in this chapter shall be construed to prohibit or restrict any City employee from sending to or receiving from federal immigration authorities information regarding citizenship or immigration status as provided under 8 U.S.C. §§ 1373 and 1644, provided such provisions are applied consistently with the Tenth Amendment to the U.S. Constitution. However, this section constitutes a strict limitation on such information sharing: it allows for the exchange of citizenship or immigration status only, and does not authorize the disclosure of any other information, including but not limited to release dates, custody status, home addresses, work addresses, or contact information, unless otherwise required by law. C. Enforcement of State and Local Laws. Nothing in this chapter shall be construed to limit any City employee from enforcing state and local criminal laws, even if such enforcement takes place at the scene of federal immigration enforcement. § 46-8. No impact on private rights. Nothing in this chapter shall be construed to limit any individual's rights or remedies under existing law. §46-9. Severability. In the event that any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated. §46-10. Application to Bangor Intemational Airport. The provisions of this Chapter shall not apply to the Bangor International Airport (BGR) or its employees, contractors, and agents. The City Council finds that the unique federal regulatory requirements, international port-of-entry obligations, and aviation security mandates governing BGR necessitate that airport operations remain governed exclusively by applicable federal and state aviation laws and existing federal-local agreements. J