Bangor council rejects reconsideration of credit enhancement votes

[0:49] Susan Hawes: thank you voice from behind okay this is a special meeting of the bangor city council it's august 17th 2026. it's 5 15. we start all of our meetings with a pledge was that you mr sprague would you lead us in the pledge okay this is not a full agenda we have really just one maybe two items but I would call for a motion to reconsider council orders 26-242 and 26-243 [2:03] Lisa Goodwin: excuse me could you do a roll call because we have Consular Walker online oh that's right [2:08] Susan Hawes: is she on she's on there okay the screen's not off turned [2:27] David Szewczyk: off again just leave it down yeah [2:31] Susan Hawes: the joys of special meetings yes no it's still off yeah oh sorry [2:49] David Szewczyk: what'd you say all [2:56] Susan Hawes: right everybody's on but yours will be able to say that's okay i can see in there [3:01] Lisa Goodwin: all right I'm gonna start with a roll call vote councillor Beck present councillor Carson present councillor Dean present councillor Falloum present councillor Fish here councillor Leonard breathing and alive councillor Malheur here councillor Walker here councillor Haas here nine present zero absent [3:32] Susan Hawes: okay so now we'll look for a motion to reconsider council orders 26-242 and 26-243 [3:47] Carolyn Fish: madam chair i move that the council rescind and reconsider its votes on council orders 26-242 and 26-243 there's [3:58] Susan Hawes: a motion is there a second okay it's been moved and seconded [4:03] Lisa Goodwin: it we will have a roll call councillor beck no councillor carson may i make a comment [4:12] Daniel Carson: madam chair are we going straight to vote i am i am going to vote no on this motion to reconsider at the base the vote that was taken after the public hearing on both of these items last week were legitimate votes. And yet, throughout the course of discussion, as this item moved forward, I listened very carefully as fellow counselors of mine expressed concerns about placing conditions upon the credit enhancement agreement, and as well, members of the public who wrote, who testified at the public hearing on this. And I took that feedback very seriously as we were considering the order I mean it's why after the public hearing I sponsored a live amendment by substitution to add language to the credit enhancement agreement that would empower the city manager to place conditions upon that before executing it and that is not where I envisioned the process ending that was the pathway that I saw in live discussion for us to create the opportunity to have an additional discussion which i feel is very important To set conditions on this agreement without overturning the democracy that occurred at the last council meeting, that opportunity continues to exist. We have a council workshop on the 24th where the agenda item should be the conditions that we should be setting on this credit enhancement agreement with the city manager. And at the end of that workshop, if we're not satisfied that we think that all of the conditions that we're about to set are going to make their way to the agreement, we have the option of making a motion at that moment to draft a legislative policy directive to ensure that the conditions that we've come to an agreement on do end up in that agreement and we can do all of that without needing to overturn the decision that we made last week and so that 's the reason that i will be [6:26] Carolyn Fish: a voting no. And so no. Okay, can I respond to that with question for clarity? Sure. Yeah, go ahead, Madam Chairman. And I think that was what a lot of us questioned was that we were in fact passing something that was discussed shortly before the order came, and we didn't really know what those conditions were, and those conditions in my opinion should have been discussed and clarified before we passed it, because not only is the public confused what those conditions may or may not be, but a number of us ourselves, and I did not feel comfortable passing something that we had no idea really what we were passing. So I don't see where voting no on this allows this to come back for further discussion, because then it goes back to the fact that we've passed something with conditions that we still don't know what they are. Am I correct? [7:33] Daniel Carson: So and I appreciate that, and so yes, as of this moment we don't have conditions, we haven't come together as a council to be able to set those conditions. But I the there is no credit enhancement agreement that's been executed, and the city manager could clarify for us, but I don't believe that by the 24th they would be city manager would be engaging in that. And so when I made that was because I was grabbing this in motion, we were in motion, and we needed to find a way to have that discussion. And so That was the way that amendment was my way of, in regular order, creating the path for us to have the discussion, and so we haven't had it yet, right? And so that is true, and your concern there doesn't get addressed with my with my answer, but we need to have that discussion, and I just don't feel that this is the appropriate way to do it because that path is real, it you know, it still exists, okay. [8:38] Susan Hawes: Yeah, that's a good question. [8:45] Wayne Mallar: Well, the order that I'm looking at for the for the reconsider is not the order that was amended, is that correct? So we can't vote on this anyway because it wasn't what was passed, so I would assume that should have been posted, and it hasn't been, so really it's a null and void meeting anyway. [9:12] David Szewczyk: The order as amended hasn't been drafted up yet, so the what we're what you're going to be considering is a motion to reconsider the vote, and the vote on the on the development agreement was a vote to pass it as amended. The old order is in the on the agenda, but there's nothing else to put in there. [9:37] Wayne Mallar: Yet because it hasn't been prepared yet, any comment, I feel uncomfortable voting on something. [9:43] David Szewczyk: That we don't have written in front of us, you're not voting on that order, you're voting on a motion. [9:49] Wayne Mallar: To reconsider, well the problem is that's not what I see, and that's not what's going to go in the record, and I think we need to have this specified, we can't fly by the whatever that's. [10:06] Susan Hawes: So bad, I think. [10:07] Michael Beck: I think it would be appropriate to have this as a topic on our next workshop on the 24th, because in the original order, even before it was amended, it says in there that for the following terms and other such terms and conditions as appropriate. So, in a sense, even before it was amended, it was already authorizing the city manager to take all of our thoughts and get those in there. And that's what I voted on is that, you know, I feel we expressed things that we're interested in. And then I understand. Correct me if I'm wrong. Everyone knows. I thought that the business and economic development director also said that this would also come back before us once, you know, agreements reached that we would we would be able to see it as well. I don't want to hold this up. I'm confident in our staff and getting those terms and conditions needed. But I think that it's an important conversation to have on the 24th of giving further instructions to the staff what is it we as a council want to see for those terms and conditions and I think that's the proper vehicle for doing that not undoing this vote. [11:18] Carolyn Fish: May I again ask a question Madam Chair for clarity and that's where I think I had the problem it was the way that it was amended it was still saying that it was up to the city manager to place conditions and enhance on the enhancement credit agreement but I don't think that we you know in the way that it was worded my interpretation was that we as a council really would not be able to come back and participate in those conditions because it just said I mean I trust the city manager but I think We as a council would have to know what those conditions were and I think that we all are on the same page about trying to make you know some protections for that land in the city of Bangor moving forward what happens with that in the future so you know in really given the city manager I trust that she would make the best decision she could but I think we as a council have an obligation to participate in those conditions and I just didn't see that avenue in the order the way that it was written And passed council [12:23] Susan Faloon: Flew thank you I would I'll just say that if there were still so many questions I think it would have been better for someone to make a motion to postpone the vote and that motion was never made and we did take a legitimate vote so I'm not in favor of revisiting that vote may [12:50] Carolyn Fish: I respond I think that well I did vote no because of exactly that reason and I think since then we've heard a great deal from the public that they too are confused about that vote and I know at least one other counselor Carson has also admitted that you know we were on the fly about amending it then and there and you're right in a perfect world in hindsight's 2020 we probably should have voted to maybe table it and have a more discussion but we did not so you know in a perfect world yeah we Should have probably voted to table it but here we are thank [13:25] Joseph Leonard: Thank you. So this is already tabled once, and we had about a month to ask staff more questions about this project, and we gave counselors enough time to do that. And it's of my opinion at this point that the city manager answers to the council. And so on the 24th we will respond by making sure that we deliver clear visions and guidance for how the city manager is to go forward with this. So I'm in favor of that, and I am of the opinion at this point that counselors have had more than enough time to get the answers and details to their questions at this point. We [14:21] Susan Hawes: were halfway through. Do you remember where you were, counselor Dean? [14:27] Susan Deane: Thank you, madam clerk. I did pass the credit enhancement as amended, and I'm confident in our city manager's position with council to assure that we will also have input on those conditions that we are going to be placing on the credit enhancement. So I will be voting no to reconsider the motion, and I'm hoping that this will pass because I think this is something our city is badly in need of, and I am really anxious to see a project like this go forward and hopefully [14:57] Susan Hawes: with great success. Council Falloon, we're [15:05] Susan Faloon: taking a vote right? Yes. Okay, I will be a no. Council of [15:09] Wayne Mallar: Fish? Yes. Council Leonard? No. Councillor Mallar? I'll be voting yes, but the, you know, I'm still confused. The article before us is not the amended article, but yet you want us to vote on the amended article. I would like to be able to read it before I vote on anything. I think we have an obligation to have the correct order before us before we act on it, and with one order I can't understand why we couldn't get it straightened in. So I'll be voting yes. Councillor Walker? No. Councillor Haas? [15:56] Lisa Goodwin: [Susan Hawes: No, two.] Yes, seven, no. Okay. [16:13] Susan Hawes: So we have the motion to reconsider. The vote was two yes, seven no. The motion fails. No, that's, we were in the middle of a vote. Yeah. [16:35] Michael Beck: Madam chair, I move to adjourn. Madam chair, point of order. Gallery, call the order. Okay. [16:47] Susan Hawes: Hold on, let's come back to order. [16:55] David Szewczyk: The vote's already been taken, right? The public hearings on both orders have already been held, so that, you know, the vote's already been taken. There's nothing to have public comment about. [17:10] Michael Beck: point of order the gallery hold on there was a 515 meeting to come in and actually express our opinions point of order call the gallery to order please what thank you go ahead point of order I think we need to be able to speak on behalf of the citizens of Bangalore hold on here yeah, that was the minute back are very clear that they don't point of order point of order. [17:45] Susan Hawes: Mr. Henry, better give us a minute, please. Hold on, chair. [17:57] David Szewczyk: If you had wanted to call further public comment, we've already had the public hearings on both orders. You didn't. You did not suggest that you wanted public comment. Had you suggested it before the vote, that could have been a possibility. However, the council could have overridden your decision with a majority, with a motion and a majority vote. So, but it's, it's, it's the vote is finished now. It can't be reconsidered. You can't have more than one motion [18:24] Michael Beck: to reconsider. Okay, we've got a, we got a bunch of people talking. I mean, a motion to adjourn that, right now, that takes precedence. Second. Okay. We [18:47] David Szewczyk: can't have the public running the meeting. The council has to run the meeting, and in particular, the chair needs to run the meeting. He's asking a question. [18:56] Susan Hawes: Right now, we have a motion to adjourn and a second. The special meeting is going to be adjourned at 533. We are adjourned.