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Home My WebLink About2007-11-14 08-024 ORDERCOUNCIL ACTION Item Noo gate: 11-1401 08 024 Item/Subject: Order, Authouiang the Execudon of a Memorandum of Understanding — Regional Open Space Planning. Responsible Department: City Manager Commentary: Over the part year, tlrere leave heel an Ong discussions between various interested partes m open spare planning, disossbns that vire initiatad by the Bangor tand Trust and which have involvetl representatives forts hurt far PuNk land (T0.), a mtioml nonprofit land mm mason oMan x Uen. One cf the Itthnipues used by TPL is celled-greenprtming" and uses geographical infomaton systerns W identify appropriate areas within a region for Wblic and private open spas. As the discussions deua'Oped, R became apparent that open space planning an and perhaps should take pace on a regional area. This could Mp ensure that communities In our region do not duplicate efforts and that open space planning would be integrated who War current efforts im ci A g, for erample, water quality issues in the Penobscot River and other multl-juredi[dons watersheds. Recently, thirteen community have been invited W participate in a regional open space planning effort. TowaN that end, the atfxhed Mmwrandum of Understanding has been developed. while Bangor has been an important leader In this effort, we have proposed that the thirteen invited communities area Into an agreement calm the Penobscot Valley Council of Governments (WCO3) where P would serve as the fiscal agent and adminatm( entity to coordinate the effort. A steering commitee, composed of two representatives of each pandcho ting municipality, would be formed W guide and direct the project. Infli ty, each participating municipality mould be asesHl 50 cents per apita towaN the cost of the project. For the City of Bangor, this assessment would be $15,136.50. While TPL has Indicated that a complete greenptm and open space panning process for our region could arty a slgnlfiam cost, they also believe that much of that cost an be uncerwri en by grams and other furmig murms. To data grants In the amount of §20,000 have been mosirmcl and smreml larger gram requests are outstanding. I would request that: the Committee recommend that the Council approve this memorandum M understanding. I would further request that the Committee rerommmd that the City's bvo representatives to tin Steering Committee W the City Manager and a representative to be selectetl by the Bangor land Trust. Department Head Manager's Comments: This has been reviewed and is recommended by cam CIN Manager Associated Information: Budget Approval: ante Director Legal Appngval: pry Solicitor _ Passage _ Nrat Reading Page _ of Referral J3 024 Assigaedw Councilor Graty ck November 16, 2007 I* 9 •.e„ CITY OF BANGOR (TITLE.) ORDER, Authorizing tM & don of a Memomndum of UndgslarMirg— Reglonal Open Space Planning, BE IT ORDERED BY THE CM CUBNCIL OF THE CITY OF BANGOR THAT the City Manager is hereby authonzed to execute a Memorandum of Understanding with the Penobscot Valley Council of C ernments, a mpy of which is attached hereto, for the purpose of undMalung the Central Penobscot River Valley Open Space Conservation planning peaces, a pro)ect designed to guide future regional development while protecting important regional natural resources. 7 The two representatives of the City of Bangor to the Steenng Committee that will p ume overall guidance to this project shall be the City Manager and a repesenbtNe of the Bangor Land Trust, said to be designated by that organization. IM CS1T CU®CIL dwa 16, 2W7 Mo[iw Mede eoa Seconded forp�\Yesseg¢�-y�,, <_. _il%Y� 111 ll1�RiV I ' YGRPIY CITY dR[ AUt1 lzYog rbe frecatio6 o nmora w oE-o�Tiu�g - �eg'ibu�lra Gm Space elew.na A iprJmComwg �� 04 024 MEMORANDUM OF UNDERSTANDING REGIONAL OPEN SPACE PIAN AGREEMENT made this the _ day of 2007, by and between the Penobscot Valley Counal of Governments (hereinafter "PVCOG") and the Munhipality of (hereinafter the "MUNICIPALITY"). PVCOG and MUNICIPALITY agree as follows 1. project PVCOG shall assist MUNICIPALITY and other partners in undertaking the Central Penobscot River Valley Open Space Conservation planning prod, a project designed to guide Notre regional development t while protecting important regional natural resources. The primary goals of the project will be to (1) develop a conservation and park creation plan for the region that is broadly supported and repre anis local goals and (2) create a "greenprint" model that can be acces ec! and mamp fated from a web -based portal by municipalithes cooperating in this effort. 2. Steering Committee Established A Steering Committee shall be established to oversee and direct the project. Each participating municpality may designate two representatives M this Committee. There representatives shall be selected a thus sale discretion of the municipality and may Include elected or appointed officials or any other individual. in selecting representatives to the steering committee, participating municipalities are requested to consider appoindng one member to represent a group In their community interested in open space planning or conservation. The Steering Committee shall select, from among Its members, an individual to serve as Chair whore function shall be M schedule and preside over meetings and coordinate the work of the Committee with PVCOG. A majority of the Committee members shall constitute a quorum. Whenever possible, the Committee shall attempt M ad on a consensus basis; when this is not possible, each representative shall have one vote and the majority of Mose present shall prevail. For voting purposes only, a quorum shall require that a majority of all Committee members and at least one representative from at least half or all participating municipalities be present. The Commitee may adopt from time to time such other rules of procedure as It may tletennine to be necessary. 3. Authority of the Steering Committee The Steering Committee shall provide overall guidance and direction to the project Intlutling adopting a project budget and authorizing expenditures, adopting a scope of work, approving agreements for professional services Van farms or organnallons Including the Trust for Public Lands, and monitoring overall progress. 4. PVCOG PVCOG shall serve as the fiscal agent and administrative entity to coordinate this effort. As such, it is authorized to seek and accept funds and disburse them in accordance with the adopted project budget or as directed by the Steering Committee, provide administrative support for the project as mutually agreed between the Steering Committee and PVCOG, and, as authorized by the Steering Committee, enter into agreements with third parties for purposes of the project. PVCOG shall provide financial reports to the Steering Committee on a monthly basis and shall, at all times, Insure that expenditures are made and accounts are kept in accordance with the purpose of the project and the requireme= of arty endues providing grants or donations for It 5. Municipal Assessment A. Municipalities shall provide to PVCOG an assessment equal to $0.55 times the population of the municipality as established by the U.S. Bureau for the year 2000. PVCOG member municlpalides shall receive a $0.05 pa capita discount Participating municipalities shall make this payment no later than January 1, 2008, provided, however, that if, due to legal or financial restrictions, a mundpallty is unable to make payment by that time, it may defer payment to no later than July 15, 2008 by provi3ng written notice to this effect to PVCOG and to the Chair of ft Steering Committee prior to January 1, 2008. B. On or before December 15, 2007, the Steering Committee shall adopt a budget for the Project and shall determine whether the funding for the project, Including the municipal assessments, gam, donations, and any other committed source of funds, will be sufficient W carry out the project. If so, the project shall commence. If not, the Committee shall determine what other funding mune may be available, including the potential for an additional per capita assessment on participating municipalides, that would allow the project to go forward and shall determine whether the project sh0uld be abandoned or additional commitments sought. A final determination of whether the project will or will not proceed must be made no later than January 15, 2008. C. Upon completion or abandonment of the project and a full accounting of its revenues and expenses, any balance remaining from the municipal assessments that have been received shall be rebated to the participating municipalities in propordon to their level of cOmtribudon. 6. Municipality Municipality agrees to cooperate with PVCOG, Steering Committee, and any contactors engaged to undertake this project This shall include assisting in data collecibn efforts ro include providing municipally owned or maintained data as necessary and appropriate, assisting in the Identification of sfakmolders within their municipality who should be involved in the process of defining and establishing conservation goals, assisting in scheduling, organizing, and publicizing public meetings for the purpose of receiving comments on public space goals and need, prwWing letters of endorsement or support for grant and facing requests, and assisting in such other ways as the Steering Committee may reasonably request Municipal cooperation, as defined above, shall be subject m the requirements of State stabme and the ordinances of the municipality. ]. Services to he Provided Equitably A. For purposes of this project, all partner municipalities will be treated equitably and, m the greatest extent possible, shall be WcAded the same level of service. B. Nothing in this agreement shall prohibit Individual municipalities from seeking additional services from contractors engaged In the project The cost of such additional services shall be the sole mloonslbility of the municipality requesting them, shall be subject to a separate wntrct between the individual municipality and the contractor, and shall be separately administered by such municipality. 8. Tenn of Agreement. This agreement shall be effective immediately upon signing and shall wndrue through to its completion or abandonment, but, in any event, shall terminate no lacer than July 1, 2039 unless further exceeded by the agreement of the participating municipalities. 9. Withdrawal From Project A. Municipality may terminate this agreement and withdraw from this project on or before December 15, 2008 by providing advanced written notice to PVCGG. If withdrawal mum prior to this date, the municipal assgment paid, if any, shall be returned less that municlpalWs proportional share of any funds expended prior to its data of withdrawal. B. If, in accordance with paragraph 5 above, Che Steering Committee determines that an additional municipal assessment is required, municipality has the option of paying the additional assessment or withdrawing from the project with refund of Its propordoraat share of any unexpended assessment. Municipality must notify MM of its IntxMons within 30 days of recelong a notice of additional assessment. C. Fallowing a determination by the Steering Committee to proceed with the project, municipality may sill withdraw, however, since to decision to begin Che project will be based on the overall level of available project funding, the withdrawing municipality will remain responsible for Bs municipal assessment and will be eligible for any rebate only in accordance with paragraph 5. C. above. No Information concerning a municipality that has withdrawn from the project will be Included in any project work produce, documents, or presentatans without the expressed written consent of withdrawn municipality. G8 02 10. Ex a not Agreement IN WITNESS WHEREOF, Munidpality has caused this AGREEMENT to be signed by R duly authorized represerdadve and PVOOG has caused this AGREEMENT to W signed by tts thereunto duty audawized, the day and date first written above. WTfNE55: Munkioality, Name: Title: WITNESS: MOG Name: Title: