[0:00:34] Mr. Mayor from an operational perspective we are recording and live-streaming and ready to go once you have a quorum.
[0:00:41] Thank you very much. I see five counselors so far counting myself six
[0:02:50] I'm waiting for Ali, Bullitt and Fornia. I'll give them till 5.05. If not I'll call for the meeting
[0:03:42] Been informed the possibility that counselor for and you will not be attending. Oh
[0:04:17] Oh, but I see her so much for recurrent news. All right, then it's 505. I would like to call to order the meeting of the city council. The chair will waive the recitation of the pledge of allegiance and ask the clerk to call the roll. Councilor for near here. Council grant. Yes, here. Councilor Sykes here. Councilor Ali.
[0:05:12] absent counselor pellet here here counselor McNabuch here counselor bullet absent counselor Phillips here mayor Diane here thank you jail now seek a motion and a second to waive and eliminate well strike that to you suspend the rules for the purposes of a waving public comment on non-agended items. So moved. Moved by Councilor Sykes. Seconded by Councilor McNivitch. The clerk will call the roll unless there's any discussion from the council. Seeing none, could you call the roll please? Yes. Councilor Farner? Yes. Councilor Grant? Yes. Councillor Sykes. Yes. Councillor Palatier. Yes. Councillor McKnivich. Yes.
[0:06:12] Mayor Diam. Yes. I'm sorry, Councillor Phillips, I apologize. I realize I missed you. Councillor Phillips. I'm a yes. And I see Councillor Ali has just joined us. Perfect. Thank you. I'm here too. Councillor Ali, did you hear the motion to suspend the rules concerning public comment on non-agended items? No. I'm actually at City Hall. I thought we were meeting in person. Well, there you go. Sorry if the notices weren't clear. Do you have a vote on the motion? I'm a yes. All right. Thank you very much. Motion passes. All right. Any announcements from the council? Seeing none, clerk will read order 70, 26, 27.
[0:07:12] Order 70-26-27 approving the appropriation of 900,000 from the Opioid Settlement Fund for Operation of Emergency Winter Warming Shelter at 166 Riverside Industrial Parkway, sponsored by Mark Dion, Mayor. Thank you. I'll seek a motion and a second for passage for purposes of strike. I should have public comment first because there is public here.
[0:07:44] Councilor Bullitt, have you joined? Yes, I have, I'm here. Thank you. Assistant City Manager, Lybner, do you have something for the Chair? Yes, Mr. Mayor, would it be possible for staff to give a little bit of background related to the memo in the backup materials before it's discussed by the Council? Any objection from the Council? Seeing none, you have the floor. Thank you. So this item, staff worked to prepare the backup memo that you may see in the background materials. This goes into some of the history and work that's been done by the city going back to spring of this year to identify an operator in a location for a winter warming shelter. Many of the challenges of operating a winter shelter became apparent last winter when the city operated warming shelter
[0:08:46] was not satisfactory to members of our community and the City Council, staff received very useful feedback in the spring of this year from the HHS and Public Safety Committee related to what the city would like to see in a warming shelter located in the city of Portland. With that information, staff sought partners in our community to operate and provide a property at which to locate a warming shelter. We worked with those partners for some time before realizing that there were barriers to the location that would require council action if there was interest in overcoming them.
[0:09:24] When there was an indication that that would not, that wasn't the preferred action, there was a lot of community feedback on why this was not an ideal location for warming shelter. We began exploring other opportunities, one of which is in the order that's before you today, as well as several others that did not unfortunately pan out for a variety of reasons. So the order before you represents the strongest, most substantive and confirmed location that we've found to date. We also have alternatives that we would like to share with you in executive session because they're related to the disposition of public property and agreements that the city may need to undergo to pursue those alternatives. Michael may be able to explain the basis for executive session better than I can,
[0:10:23] but I wanted to provide that background in case the public or any counselors didn't have time to review the back of materials and to also flag that there's a desire to go into executive session, to share those alternatives before action is taken by the council. Thank you, Dana. As a consequence of that potential information that's gonna be disclosed in executive session, I would take a motion and a second to go into executive session. So moved. Moved by Councilor Lee, is there a second? Second. Second by Councilor Phillips. Mayor, I have a point of order. Go ahead. At what point do we take public comment on this? When we come back out of executive session, I think you'll have additional clarity and then we can take a motion on the main order if the council so chooses that we can have public comment. So the only motion on the floor right now
[0:11:21] motion to go into an executive session? That's correct. Okay, thank you. Chair would go to the attendees. If they would like to provide public comment, you would have three minutes, but your comments will be limited on to whether or not we should go into executive session and not on the substance of the pending order that we're disposed of later. Does anyone wish to provide testimony on the motion? Please raise your hand if you want to do so. Stephen Sharf. Hi, I'm Steven Sharpe of Bracket Street in Portland. I am going to dispute you going into executive session on the basis that if it's public property, you are discussing the
[0:12:19] disposition of that should be in the public realm, not in the private realm. So I'm concerned that you are using executive session to hide the fact that there might be some public property you want to dispose of, but you don't want the public to know at this time you want to dispose of it. So I would say that you do not have the reasoning to go into executive session because you are talking about public property, not a private contractor, the distribution or use of a private facility. As a matter of fact, you are going to be talking about the use of a private facility, and yet that's not going to be an executive session. So I finally disconnect to be quite concerned. And so I've registered my objection to it, and I look forward to having further discussion of the matter at hand
[0:13:17] after your executive session, unless you decide to cancel it.
[0:13:24] Anyone else wishing to provide public comment on the motion to go into executive session? Yep. We have a Michael Hayes. You have the floor. Yes, hello, I'm Michael Hayes. I live at 409 Cumberland Ave. And I think as a matter of transparency, it should be something discussed in public. I think that when you talk about which ideas did not pan out, we could probably hear about that now and why And also, if you're going to talk about alternative disposition, which ones are you considering? Because if we're going to have another opportunity later, at least make us as informed as we can while waiting for what you need to do
[0:14:20] behind doors so that we can prepare ourselves with more information that you could give us now before you go in. So I, I think it's a transparency thing and, you know, sometimes we're coming out with just one alternative and everyone's like, why and what, what else was considered. And I think this is a good time to talk about that. So thank you for listening. Anyone else wishing to provide comment on the motion pending?
[0:14:56] I don't see anybody else. See no further comment. You do have assistant city manager's hand is raised. I'll go to her as soon as I close public comment. Okay. Public comment is now closed. Assistant City Manager Libna. Thank you, Mr. Mayor. And thank you to Mr. Charfner, I think. Mr. Hayes, I misspoke. This is not related to the disposition of public property. This is specific to the potential acquisition of private property. And we're seeking guidance from the council about terms related to those conversations. So that we, the process is competitive and we have a good standing in those negotiations. We wanna get that guidance in private session and before any action is taken by the council or considered by the council, the public would be made aware of the terms of those proposals at that time.
[0:15:54] I hope that helps and again, apologies for the confusion. Thank you, Dina. Chair, an alternative corporation council to express the basis for going to executive session. Thank you, mayor. Yeah, it's set forth in the agenda that the motion is to go into executive session pursuant to one MRS 405-6C and E, which allow the council to enter executive session to discuss the condition, acquisition, or use of real property, or to consult with its attorneys concerning legal rights and duties with respect to the winter warming shelter. And I think for the reasons that Dina just described, it's an executive session is justified in this case.
[0:16:50] Thank you, Corporation Council. Any questions from the council? Seeing on the motion to go into executive session, could the clerk call the roll? Councilor Fornier? Yes. Councilor Grant? Yes. Councilor Sykes? Yes. Councilor Relly? Yay. Councilor Palatier? Yes. Councilor McNivitch? Yes. Councilor Bullitt? Yes. Councilor Phillips? Yes. Mayor Dionne? Yes. And we'll collect together on Google Meets. We are going to Executive Session of 517. We will return to this public forum to conclude our business following the executive session. Thank you. See you over there.
[1:13:03] Can you call the roll to see if everybody made back? Yes. Councilor for near. Council grant. Here. Council sites. Yes, here. Councilor Ali. Yeah, counselor pellet here. Councilor McNabuch. Here. Council bullet. Here. Council Phillips. Here. Mayor down. Here. We're only missing Councilor Pelletier. And Fournier, unless she's joined. Well, Fournier probably returned to her other matter. Okay. I'm getting an assumption. Okay. I would think Councilor Pelletier
[1:13:50] will be attending shortly. Anybody see him on their screens? Case mine's not correct. I don't see him.
[1:14:48] I'll text him. Okay, he's joined us. Sorry, camera was not working. No, that's fine. going to wait for you. All right. With that, chair would now seek a motion to postpone order 702627. Is there a motion to move? Good. Move by Councilor Sykes, seconded by Councilor Lee. Any discussion by the council? Point of order. There's no discussion on a motion to postpone.
[1:15:44] You're correct. But I just want to see if they had anything to say. Thank you. All right. With that, call the roll. Council Grant? Yes. Council Sikes? Yes. Councilor Ali? Yes. Councilor Palatier? Yes. Councilor McNabuch? Yes. Councilor Bullitt? Yes. Councilor Phillips? Yes. Mayor Dion? Yes. Chair, now I see a motion to adjourn. So moved. Second. Excuse me, Councilor Palatier? I don't know if we'd see. I think it should be noted that there will be public comment when we vote on this. Just so everyone, all, all of our participants know that, but continue. Thank you.
[1:16:43] Go back to the motion. Or German who moved me. Councilor Sykes. Seconded by me, council Phillips. Very good. Thank you. Before I call the roll on that, I'll just make a comment, which comes up out here. The attendees, this matter will be moved to date certain November 2nd, where public comment will be welcomed on the matter. Please call the roll on the motion to adjourn. Councilor Grant? Yes. Councilor Sykes? Yes. Councilor Lee? Yes. Councilor Palatier? Yes. Councilor McVivich? Yes. Councilor Bullitt? Yes. Councilor Phillips? Yes. Mayor Dion? Yes. Council meeting is adjourned. Thank you everyone. Thank you.