Committee rescinds prior vote, reconsiders 8 Harlow Street development agreement

The Bangor City Council Business & Economic Development Committee voted to rescind a prior committee vote and reopened consideration of a proposed modification to the development agreement for 8 Harlow Street at its June 16 meeting.

City Solicitor Dave Shepchak told the committee that after the previous meeting staff and he had reviewed the procedure used when the committee voted on 8 Harlow. Shepchak said a member had been appointed during debate to replace an absent committee member, which resulted in five members voting though four members were present when the motion was made. He said the city ordinance allows the committee chair to temporarily designate a council member to serve in the absence of a member, and that a review of Robert’s Rules of Order did not identify a clear prohibition of the appointment during debate. Still, Shepchak said he was not comfortable with how the event proceeded and recommended rescinding the earlier vote so the committee could reconsider the item.

Shepchak said, “my recommendation is that vote be rescinded,” and told members the video of the prior meeting did not capture the precise sequence of events needed to determine whether the vote had formally begun before the substitute member was appointed.

Committee members debated whether rescinding was appropriate. Councilor Mallard said she believed the prior vote had been misrepresented and that she would vote against rescinding; she argued the committee should not change a prior result lightly. Councilor Dean, who is not a voting member of the committee, said he believed the prior project had effectively failed and that the new buyer would likely proceed with the property, asking why the committee was creating additional roadblocks.

Committee members also discussed financial safeguards in the development agreement. Members asked whether specific dollar amounts were tied to the proposed letter of credit and whether the cost estimates used in the agreement — prepared about two years earlier — remained accurate. Committee staff said the city’s recommendation used the existing estimates but that the council could require a higher amount if it chose. Members asked whether required masonry repointing had been completed; staff said code enforcement had confirmed the repointing work was done.

After discussion, a member moved to rescind the earlier committee vote; the motion was seconded and the committee rescinded the prior vote. The committee then voted to forward consideration of the 8 Harlow Street development agreement to the full City Council for action on the council’s next agenda.

What happens next: the matter will appear on the full council agenda for final consideration and any revision the council directs.