Bangor council votes to rely on ethics board probe of Mallar complaint

[0:04] Susan Deane: Are we live? We're live. We're ready. Welcome, this is the city council workshop. It's Monday, June 22nd. That's funny, 22nd, 5 15. We're in council chambers. Around the table we have City Manager Carollynn Lear, we have Council Dean, Council Carson, Council Walker, Councilor Faloon, Council Beth, Council Letter, Council of Fish, Council of Bauer, and I'm Councilor Hawes. So we have four items. We are going to do the city manager updates and then we'll entertain a couple of motions for executive session and then we'll turn Down there. All right, so I only have a small number of updates. The first on my list was I wanted to make you aware that the Penobscot Maritime Heritage Association is going to be hosting an event celebrating the Penobscot River July 28th through 3rd. There's going to be events in Bucksport, Bangor, Kasteen, Brewer, and Searsport. And the event organizer reached out and is looking to come speak to you about that event in a couple of weeks, so there'll be more to come, but I want you to be able to mark your calendars for the 28th to 3rd, so please know there'd be a max here at Bangor. The second item on my list is that just a reminder that this Saturday is Bangor's yearly pride event. Different from prior years, this year the event is going to be focused on the waterfront area. The parade happens at 11 beginning on Main Street The lineups in front of Davenport Park and there will be road closures on Union Main and Washington and the parade route is going to traverse down Main Street Water Street Broad Street and then Front Street back towards the waterfront. That's at 11 on Saturday, so you know roads will be closed a little bit before. Third item on my list is that the first homelessness advisory committee meeting is scheduled for July 14th based on the availability of committee members. Certainly holiday and summer travel plans have made scheduling a little bit difficult in early July, but we're prepared to hit the ground running once that committee is going on July 14th. I would anticipate regular ongoing meetings once we're able to establish a schedule for that work. They were given a charge, right? They do have that already. Yeah, right, and that first meeting will be largely organizational in nature. They'll get ethics training on how to complete conflict of interest forms, all of That fun exciting stuff. Just a reminder that next Monday is a fifth Monday in the month of June. [3:12] Joseph Leonard: We don't have any [3:14] Susan Deane: On Monday the 20th. And then the last item on my list is to invite City Solicitor David Szewczyk up to give a brief update on the Bangor Mall. I will give David a seat. [3:37] David Szewczyk: David. David Sebchek, City Solicitor. There just, there's, as you know already, the Bangor Mall retained new attorneys earlier this year and secured a couple of extensions of time on short extensions of time on the deadlines that the court imposed for their violations. Those deadlines have passed and we are currently in settlement negotiations with the bank or mall, which as you know are confidential, so I won't be sharing those with the public tonight. I can't tell you that one of the items has, there was a requirement that the court ordered that they submit a post-construction stormwater maintenance plan, which through their third party Haley Ward they did submit a plan, which our stormwater manager fielded and sent items back to them in order for the plan to be considered accepted. They responded to those items and the stormwater manager has now let them know that plan is acceptable. So that particular item is done. It's submitted, it's acceptable. And so that's one item to remove from the settlement negotiations and the resolution of this matter. So it's a short update. Did you want, did you have any questions? [5:20] Susan Deane: Anybody have any questions for the solicitor? [5:24] Wayne Mallar: Yeah, I'll ask. I can't remember what, when's the penalty started, when? The penitent hasn't started yet, we postponed it again. Did the, are you talking about the civil [5:35] David Szewczyk: penalties? Yeah, they were assessed in the court's second large order in the spring and they went back to the date that those violations started occurring and when they're [5:48] Wayne Mallar: different for each one. And when would they do and when will we receive settlement the payment on [5:53] David Szewczyk: civil penalties? Yes, that payment they are required to, that is passed. [6:04] Wayne Mallar: So where do we stand, what goes on now? Well, there is one deadline that hasn't [6:08] David Szewczyk: passed and that is for them to remediate all of the violations and they're also supposed to submit a plan to remediate everything. That deadline is not passed yet. What is that deadline? That deadline is July 31st now. So the court maintained jurisdiction over this thing, so these things are orders as opposed to final judgments, so the court chose to stay involved in the enforcement. So [6:43] Wayne Mallar: by July 31st we should be done with the court system. [6:47] David Szewczyk: just assuming you know that just means that 's their deadline for mediating all the violations i'm not optimistic that they're going to remediate all the violations by the deadline they've pretty much had to be forced into complying at every juncture every violation and while they have taken some actions to remediate some of the issues there are others that remain any [Susan Deane: Other questions you.] Can help me well there's more of me later. [7:41] Susan Deane: All right so all right thank you yeah I'm all set with the updates if you'd like to go into the executive session do you want to do a couple of motions for executive session. [7:59] Joseph Leonard: And I'm chair I move that we go into executive session one MRSA 4568 consultation with city solicitor re right from duties council ice Oregon interview one MRSA four or five 60 consultation with city solicitor re rights and duties of the council CO 25-282 city counselor Wayne Mallar's actions during August 14 2025 spark preservation commission meeting and oh yes second. [8:33] Susan Deane: It's been moved and seconded was there any discussion yes council Beck yes council London yes chancellor Fish yes council Mallard yes and I will also be a yes when they are intercepted at some time round it off okay we are back in the chambers where we have finished our executive assessment and I believe there are some statements to be made. [1:10:44] David Szewczyk: Yes should I have the floor Davey Septic city solicitor so as we know from previously that the ethics board returned its advisory opinion on the issue of on that was referred to it by a council order 25-2 8 to regarding the counselor Mallard's actions during the recess of the historic preservation committee meeting in August on August 15 2025. And tonight, we have this on the council workshop and what we need to deal with tonight. In our opinion, the as we know, there are no, there's no specifics in the ordinance right now about the process to use when these advisory opinions return, we're working on a draft that's going to be in front of the gov ops the next meeting and on for procedure about when these return but the procedure that legal and staff are suggesting is that you work on the procedure tonight and that we consider some things and then ultimately it'll be on regular council agenda the first item I think for. Your discussion would be whether you want to rely on the ethics board's investigation that was conducted, or whether you want to conduct your own investigation. Because as you know, the advisory opinion, everything they did is an advisory opinion, and you have an option to conduct your own investigation or rely on the ethics sports investigation. And if you, once you make that determination, that would determine the next step in the process. That's okay. Well, I'm sure I would move that we rely on the board of ethics investigation that was already conducted. Second. It's been moved consent. [1:12:55] Susan Deane: Yes, that's a person. Yes. Council, welcome. Yes. Yes. And I will be a yes. [1:13:09] David Szewczyk: Well, he shouldn't be taking part in the process, but I think he should. So if you're going to rely on the ethics board's investigation, I think the next procedural item you should look at is whether you want to review the ethics board's packet prior to doing your own deliberations, or whether you can, whether you would rather just do the deliberations without reviewing any of those documents. Many of those documents you've already seen. This, for example, the statements of the three of three of the witnesses were submitted to the council at a prior council meeting. The written statements, the statements of each witness were summarized in the advisory opinion of the ethics board, but I think that it should be discussed and talked about and a vote taken on whether you want to review documents [1:14:13] Joseph Leonard: before conducting your deliberations. That's correct, madam chair. Related to co25-282, counselor Lee Mallard's actions during August 14th start incarceration committee meeting. I knew that we request the ethics board investigation. [1:14:32] Susan Deane: Seconded. And moved and seconded to request the ethics board records of the investigation. [1:14:45] Joseph Leonard: Under vote. I just have a question of clarification on that. So is that just to request the records, or is that to make a motion to request the records and then deliberate after receiving them? Okay, I think what I just, I think what I said was prior to deliberations. Okay. I'm hoping somebody else heard me say that. It wasn't just in your head. Well, it's been clarified. Yes. Yes. [1:15:19] Susan Deane: No. No. No. Yes. Yes. And I will be a yes. [1:15:38] David Szewczyk: So I can gather and send those records, the record for the ethics board to you prior to the next workshop. This matter could be scheduled on the next workshop after you've had a chance to review those records for your review and then deliberations. [1:16:01] Susan Deane: So it'll be scheduled for the next workshop. Is everybody okay with that? Okay. Anything [1:16:09] David Szewczyk: else? I think that's it for now. [1:16:15] Susan Deane: Any other business to come before this? Okay. Okay.