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