2026-10-13 - Special Emergency City Council Workshop - Winter Warming Shelter

Good afternoon, everyone. This is Mayor Mark Dion. I call the council together today for the purposes of going into executive session to discuss legal, real estate and operational issues regarding the

homeless shelter initiative for warming issues during the winter months. I do so under the authority of what statute, Michael? Sorry, Mayor. Oh, I realized, I just realized my mic is already on.

Before we get there, I believe that, and correct me if I'm wrong, Maggie or Dina, I think that Maggie was going to give a brief update on the current status of the warming shelter plan before we enter

executive session. That's fine. Maggie, you have the floor. Thank you, Mayor and Councilors, for the opportunity to speak here tonight. I'm happy to give a brief background on the warming shelter

process and kind of where we're at. So back in the spring of this year, the HHSPS committee met, discussed multiple models and iterations of the winter warming shelter with a preference for on-

peninsula shelter that operated nightly, as opposed to the past model of last year, which was a threshold-based model. With that in mind, in June, end of June, the city released a request for

expressions of interest, essentially being really upfront and transparent with the public that we don't have the resources in terms of the staffing or the building to be able to pull this off on our

own. And we're really open to partnerships to figure out how to move this forward. So it was an open call for anybody with support that could come into the picture to help deliver on the winter

warming policy direction. From that expression of interest, we got two responses. The first was from Seeds of Hope, which is an operator who has been working in the homeless area for the past 20

years. They're based out of Biddiford. They have had prior successful winter warming operations and have been operating a shelter themselves, and they said that they would be willing to be considered

as an operator and more interested. The second was from Preble Street, who noted that if there were no other spaces available, that they would be willing to offer the basement of 252 Oxford Street,

otherwise known as Elena's Way, as a location for winter warming. Based off of that and the limitations of only having those two respondents, we brought everybody together to figure out if this could

be a partnership that could work. And from there, pretty much as that came together, Maine Housing released their call for proposals for winter warming. So applications for the winter warming call for

proposals were due around August, mid-August. Sorry, they put out the notice August 14th and early September they were due. And so through that, an application was put in to provide winter warming

services on a nightly basis at that location. That would be from November 14th through to April 30th for 45 to 50 people per night with food provided on site, as well as some wraparounds in terms of

linkages to housing navigation and things like that. The total budget to do that work, which included both Seeds of Hope's work, as well as the addition of a special project for Portland downtown

ambassadors to provide additional support in the area in terms of neighborhood management, was 688,000, give or take, of that Maine Housing provided 360,000. That left a gap in funding of about

328,000 for that location. I'm going to pause there and then hand over if Dina or Michael want to add anything where we are at. Thank you, Maggie. Besides the funding gap, another challenge with the

proposal location is that the planning board's approval for Elena's Way had certain conditions that would make operating a warming shelter there this winter impossible. Normally, the planning director

or permitting inspections director is able to grant an approval for the temporary use of a space. In this case, they are not because it would contradict the approval granted by the planning authority

and that's not something that staff are able to administratively override. So with that, we have a couple options for the councils that require the council's guidance so that staff can move forward.

And those will require, I believe, some legal guidance from Michael and we should go into executives this session if the council would like to discuss those. Anything from Corporation Council as a

backup to that? I would just say I think I just want to comment briefly on something that Dina was saying about whether or not doing the shelter at the at the proposed location would be impossible.

I'm not sure that that's the case. I think it would require a fair bit of additional process and in order to get it done. And I think we have some time constraints that that effectively make that

impossible if we want to comply with some of the funding requirements through main housing. So this certainly makes it a lot more difficult. I think at this point, it would be appropriate to go into

executive session and the site its statute and the a set forth in the agenda is one MRS 405 section 6C and E. Going into executive session would give the council an opportunity to discuss the

condition, acquisition or use of real property for warming shelter purposes and also to consult with with me concerning the city's legal rights and duties with respect to the warming shelter. So if

one of you is would make a motion on that, then we can take comment on the on the issue about well perhaps first you want to take public comment on just just the question of whether or not to go into

executive session. It's not on the substance of the issue. I'll move. Second. I have a second from Councilor Phillips who moved it initially. There's Councilor Ali. All right, we have a first and

second on the floor. I will now take public comment on the issue as to whether or not we should go into executive session and not the substantive questions of whether or not the warming shelter should

be cited in a specific location. So I will go to the attendees. If you raise your hand. I'll recognize you. You'll have three minutes to make your comments. There are 34 attendees. I see no raised

hands. Mayor there there there are two. Hold on. Yeah, I'll now. Okay, they've identified themselves. All right, I'll go first to Mr. Sylvain. Hello. Thank you. Yeah, I guess my comment is that please

don't go into executive session right away. We we just are hearing about this. The details of this now and we have a lot of questions. I wrote one in the Q&A. I don't know if I and that's in on the

substance, not on the question of whether or not you should go into executive session. But I think that, you know, the the the sense that this is happening behind closed doors, it makes going into

executive session even more fraught for for for the the optics. I think that the public wants to get there. The voices heard. Thank you. I'll go now to Amelia. Hi, can you hear me? Yes, we can. Okay,

yes, I'd like to echo what Rob just said, and I do object to going into an executive session. We haven't had the chance to explain our viewpoint. Why would why does everyone feel they would need to go

into executive session? If you're posing a question to the chair with this is not a time for Q&A, but we do accept your opinion on the motion. Okay, thank you. Now go to Joey Brunel. Hello, good

evening. I'll keep this brief. I would like to echo what my friend Rob Sylvain said. And while we may have like a blessed and civil one. Pious. I'd like to echo what my friend Rob Sylvain just said

and object to going into executive session right away. You know, I've said this before in other contexts that while you certainly have the right to go into executive session, sometimes that is not

fully in the public interest and the public deserves to know a little bit of what is going on before things get decided, particularly if in executive session, the council will be offering quote

unquote guidance on the direction to pursue. So that is all. Thanks. Chair, we'll now go to Michael Ace. Yes, thank you. I just think in the name of transparency and to the neighborhood of Bayside

specifically, that this should be at the forefront for as long as it can be. And this doesn't seem like the time to go straight in. So I think that we should see what's going on. And I think the

neighborhood would like to as well. Thank you. Thank you. Anyone else wishing to provide public comment on the motion to go into executive session? Someone's phone is open to the rain outside, I

guess. Patrick Beecham. Hello. Yes. Right. I would like to echo some of the other sentiments in the room just imploring you to not go immediately into executive session, especially just speaking from

the viewpoint of people just really getting back from work. I mean, this meeting really only only opened 10, 20 minutes ago, and people are probably only starting to trickle in. I think out of

fairness to to the public so that everything is heard in a public forum. I would I would beg that this not go immediately to executive session. Thank you much. James Wright. James Wright. You have the

floor. You have to mute yourself, James. James, there you go. Go ahead. You're unmuted right now. You can speak, James. James, you've muted yourself unmute and you can speak. All right. You're

unmuted. Go ahead and speak. James, a moment to try to stress his technical issues. Is there anyone else wishing to provide comment on the motion to go into executive session? James, try unmuting and

turning up the volume at your end. Maybe that will help you. You're still muted, James. In the meantime, can somebody on our side unmute him? We're doing what we can on our side. I think there may be

some technical issues on his. While we're waiting for that, Assistant City Manager Livner, could you give us some additional information about Monday's meeting? Yes, in response to the attendees who

have talked about wanting to hear more information and perhaps provide their own feedback on the potential of a warming shelter at this or another location. The council agenda for next Monday will be

published tomorrow, but it's very likely there will be an item related to council action having to do with the warming shelter at that meeting. And at that point in time, either at that meeting or the

subsequent one, depending on whether it's a one read item or a two read item, there will be a chance for public comment and feedback. And depending on the outcome of this evening's meeting, there may

be further council action and that would be a point in time where additional backup and information would be made available on this topic and public feedback on that council action would be welcome at

that point. Thank you. James Wright, could you try again? OK, you're unmuted. You're muted again. James, I'm going to move on to Peter Marco and I'll return to you in a moment. Peter, if you unmute

yourself, you have the floor. You're unmuted. Go ahead, Peter. I think you can hear me now. I can hear you now. Go ahead, sir. OK, thank you. Yes, Peter Marco here on the question as to whether or not

to go into executive session. We lost you, Peter. Can you hear me now? I can. OK, I would just like to echo that going into executive session would really make this last minute meeting seem like a

meeting about a meeting rather than engaging with the community. You have a lot of folks here who live or work in Bayside. So it's been at least eight hours a day here, some of us 24. And I believe

that some of us would really like to know how we can make this warming shelter as effective and successful as possible. And and having it be behind closed doors does not feel like a vote of good

confidence. So that's my comment. I don't know why there's an echo going on when I speak, but James Wright, we're going to try again. You're muted right now. Can you unmute yourself, please? I try

speaking. James. May I? I'm trying to promote James to panelists in case that makes a difference. OK, James has joined us as a panelist. All right, James, your camera's not on. That's fine. You try

unmuting your microphone now. Can you speak, see if that works about trying your camera, see if that comes through to us. Any other suggestions? I hate to shut them off. No, I don't think there's

anything else we can do on our end. Try returning them back to 10 days and we'll give them another shot. In the meantime, I'll go to Thomas. Can I mute yourself, Thomas, and speak? Can you hear me

now? I can. Go ahead. OK, I just want to echo the the comments of my fellow Baysiders that it's just unfortunate that this action's being taken. The executive session part as well, just in secrecy.

This is too large of an issue to be addressed in this manner. And I just think it reflects poorly upon the city. Thank you. OK, any others wishing to speak on the motion to go on executive session?

With 32 attendees, this juncture I see no other hands raised. Therefore, we'll move to the motion to go into executive session. Discussion by the Councillors. Councillor McNabbage. Thank you, Mayor.

Yeah, I mean, I think this kind of reflects that folks don't really know what's going on. I've had some conversations with colleagues who are entirely sure of the backstory from the assistant city

manager's comments. And Corporation Council, it sounds essentially like moving on from the first concept. If that's not so, I would say there may be some space to talk about the current proposal. But

if we are sort of potentially moving on from that, then then it makes more sense to go into executive session. Councillor Ali. You know, I have a question for the benefit of some of the attendees. So

assistant manager said that on Monday there may be something on the agenda. Corporation Council, I think you are the one that may answer this. We have some constituents saying don't go into executive

session. Why are we going into the executive session? Councillor, yeah, for the reasons that I explained earlier. So this is under under one MRS section four, five, six, C and E. Those those both both

those sections allow the City Council to enter executive session to discuss the condition, acquisition or use of real property, which is which would be the case here with respect to a potential

shelter options and also to give the council an opportunity to consult with its attorney, me, to discuss legal rights, the council's legal rights and responsibilities related to the to the warming

shelter. That's what I should say. Thank you. Sure. Any comments from any other counselors? Seeing none, I'll call the roll in so far as going into executive session. Pius, is that an old hand? All

right then. Pius, how do you vote? Yes. Councillor Fornier. Yes. Councillor Phillips. Yes. Councillor McNeavish. Yes. Councillor Bullitt. Yes. Councillor Sykes. Yes. Councillor Grant. Yes. Councillor

Pelletier. Yes. And I'm yes. We go on to executive session at 5 0 2 p.m. We will conclude our business in the in the executive session format. All right. So we can shift to our other link. Thank you,

everyone.