The URL can be used to link to this page

Home My WebLink About2006-10-11 06-352 ORDERItem x°, 06 352 gam: 10-11-06 Item/Subject Order, Authodzing the Ory Mager m &acute a Memorandum of Understanding with the Bangor land Trud and Bangor Beautiful to create the Bangor Trails Committee and Der0gmdng the city's Representatives to the co,nmlRee. Responsiblegelmuln nt: Legal Commentary: This Order authorims the City Manager be execute a Memorandum of Understanding with the Bangor Land Trust and Bangor Beautiful to create a Bangor Trials Committee. TheC°mmitteewill seek m develop, connect, and maintain trails throughout the City. The Order also designates the City's three representatives on the Committee. The Transportation & Infrastructure Committee recommended approval of this Order at its October 3, 2006, meeting. Deparbnerd Head Manager's Comments: 11RL°8.(e(il /rte City Manager Associated Information: Budges Approval: Finance Director Legal Approval: city Salidtar Introdwed ear X Passage _ First Reading Page _ of _ lWamal M-352 (as amended) CITY OF BANGOR ,a ORDER, Authorizing the City Manager W.Executo a Memorandum of Undestanding ngorami Trustarc4langor-Beaudfulto Cheate-the Bangor TrallsEommtttee and -- 1 the Cit(s Representatives W the Committee. WHEREAS, the City Council has established a goal of developing and eventually Implementing a clty-wide trail plan designed to conned various balls already in eastence and provide active recreation opportunities to abusers and visitors; and WHEREAS, this is a goal shared by other organizations and Individuals In our community Including Me Bangor Land Trust and Bangor Beautiful; and WHEREAS, the creation of the Bangor Trails Committee will insure that the goal of a city-wide tall system is actively pursued and will assist the City in developing trail priorities and seeking funding for new trails; NOW, THEREFORE, BE IT ORDERED BY THE CIT)( COUNCIL OF THE CITY OF BANWR THAT: Edward A. Bartell, City Manager, is hereby authorized to execute a Memorandum of Understanding with the Bangor Iard Trust and Bangor Beautify to create the Bangor Tails Committee. The MW shall be substantially in the same form as attached; final form N be approved by the City Solicitor or Assistant Olty Solitlror. The fdlowtng staff members are hereby designated to sem as the City's representatives on the Bangor Trails Committee and are hereby authorized to participate In all Committee activities, Including fund-raising to the extent such fund-misino is auffiorized w thRA sisecific Council approval under ChapbeE 33, Section 339.1 d the Code of the City, of Ban 1. Edward A. Barrett C'N Mena 2. lames Ring, IBD9 DlreRor 3. Frank Comeau, Parks B Recreation Dimeca In the event that any gf lbs CityCitys designated recressentatheas am unableto attend a mauedroof the Ban= Mik Committee. that sentative is hereby algilgazed to designate an altern to fill his or t said meeting. said alternate to have full votingnvile 06 352 Aaeigoed to CoucoIIor nratvick October It. 20% CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manger to Execute a Memorandum of Understanding with the Bangor Land Trust and Bangor Beautiful to Create the Bangor Trails Committee and Designating the CRys Representatives to the Committee. WHEREAS, the City Council has established a goal of developing and eventually Implementing a city-wide trail plan designed to connect various trails already in ezistena and provide active recreation opportunities to citizens arid visitors; and WHEREAS, this is a goal shared by other organizations and Individuals In our community including the Bangor Land Trust and Bangor Beautiful; and WHEREAS, the creation of the Bangor Trails Committee will insure that the goal of a city-wide trail system is actively pursued and will assist the City in developing trail priorities and seeking funding for new hails; NOW, THEREFORE, BE If ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT: Edward A. Barrett, City Manager, is hereby authorized to execute a Memorandum of Understanding with the Bangor Land Trust and Bangor Beautify to create the Bangor Trails Committee. The MOU shall be substantially In the same form as attached; final form to be approved by the City Solicitor or Assistant City Solicitor. The following staff members are hereby designated to serve as the City's representatives on the Bangor Trails Committee and are hereby authorized In participate in all Committee activities, including fund-raising: James Ring, I&DS Director Frank Comeau, Parks & Recreation Director I6 CIW WtMCIL Ocrober 11. 2006 Motion Made and Seconded to Tab to 10/23/06 -CITY cLBMR IM CIW COOMCIL October 23, 2006 Motion Made and Seconded for Passage Mot ,Nada 'nod SecaMed �,fb hmmad by Subs citation Motion Made and Seconded to Amend to Include 1 committee Member £rInEMS and 1 memeber Represencfug cbe Chamber of Co®erc Vote: 3-5 Councilors voting yes: Allen, M'Eafeo d Palmer Councilors voting an: Cantwell, ,4arriugcon, Gratwick, Grease 6 Siwe Motion Palled Motion Made andsecomdad for Passage As Am ed Pas C MEM g 06-352 umxL Au[hori:inn cbe tiro Manager ro Execute a Memorandum of Ooderstanding with the Botany land Trust and Bangor Beautiful to Create the Bangor Trails Mmdttee and ➢enieoatina the City's Representatives to the Committee 06 352 MEMORANDUM OF UNDERSTANDING Bangor Trails Prniect WHEREAS, the Oty of Bargor, Keep Bargor Beautiful, and the Bangor Land Trust desire to create a city-wide trails system; WHEREAS, the City of Bangor has numerous valuable city parts antl pe aces; WHEREAS, The City of Bangor's 2005 Comprehensive Plan U .51tstgs In part: "The Ciry In conjunction with the Manning Board, Parks B Recreation, Ban/gor Beautiful, Bangor and Trust, and key property owners and other iMereemd parties should like a c utTeMd effort to eslaMlsh a pedestrian system plan. Such a plan couldp6oviidea riority, 13t ofs clewalk extensions and Improvements, loce[e opportunitles ,toff road trail systems, ern^ find a means to provide pedestrian intermnnectiore between nous perks end open spaces, WHEREAS, the City of Bangor's 2005 Comprehensive Plan Update states in part thst the trail plan is to be fully coordinated with an overall Open Man; WHEREAS, the adzens, resident, businetse`alk visnas of the,C1" Aangor desire to mafmize the City of Bangor's recreational opportpnides and E WHEREAS, the City of Banggr,-@angor Lantl antl Kee Bangor Beautiful deare to set Porth the roles and resppnsibilRies off h party in t\ ortto Qevelop, constnat, and maintain a city-wide falls sys[erq t public as.. NOW, THEREFORE: The agar, keep Bangor'Bgautitul; arM'Bangor land Trust enter Indo this Memorandum of Unders(aming toset�f&th the�role(and re onsbilities of each partyW develop, construct, and np�ngin a city-wide4re1 a systisp Por�oublic use. This McPoarEadum is , and between: THE CITY OF BANGOR, City Hall 73 Harlow Street Bangor, Maine 04401; BANGOR LAND TRUST P.O. Box 288 Bangor, Maine 04402-0288; and KEEP BANGOR BEAUTIFUL 06 352 P.O. Box 1548 Bangor Me, (4902-1598, Hereinafter collecdvely referred to as the "partes to the memorandum"ar "pardes." ARTICLE TWO: Statement of Purpose for Bangor Trails Pm1M Bangor Trails are to be developed for public use, whidi may Include: walking, hiking, biking, and other outdoor recreation. The Bangor Trails Project is Intoppd�W W be compliant with the American wIN Disabilities Act provisions related to public re& Wn, to provide reasonable public access. ARTICLE THREE: Definitions / 'Majority vote of are Committee" "s tlefinetl for tlae pun W7'his ag m\as 51%mthe Committee members present. l "Quorum"for all meetings requiring a decision to be \ e, for urposes of this a ement, shall be at least two members frau earn parry to th's nee nit ARTICLE FOUR: RancknTrall Commie The Bangor Trails Committee will be foitn ��toc�ntrail des gn,, anning, development, fundraising, and to oversee construction andmaintene�nnU E'Gty/ `go , p Bangor Ba Cand T urFe�r�ch appoint Th of Ban p Kee sen n theBeautioul,Comantl Bangor land Tiiost' shal each appoint N� reprefar the duration serve on the Committee. Once existence. Isc; �ntmmll� members nt nus the oam app of the Committee existence. Fachrty to tl�isagreement mbyreplace its own appointed committee decisions of the Bangor Trails Committee are subject to at any meeting attended by a quorum of Committee ARTICLE FIVEta�naor Trail} Committee Chair The paitlesv)11 ae l teChair of the Committee annually. 11 The Chair wilport progress and plans to the Committee and seek approval from the Committee for major initiatives. The Chair will be responsible for coordinating Committee duties. ARTICLE SIX: Committee Duties and Responsibilities The duties and responsibilises of the Cornmittee may include, but are not limited to: 2 ARTCM SEVEN: os 152 a. Development of the Conceptual Plan. b. Presenting the Conceptal Man to Bangor City Council representatives and the public. c. Development of Individual trail segment plans. d. Presenting individual trail segments ad City Council representatives and to the public. e. Identification of and application for Grant opportunities. f. Developing, or overseeing development and submission of, proposals for funding. g. Identification of and pursuit of other funding oppeZwnides. h. Overseeing the reconsiders; with public ancWrivate landowners to secure i. Securing all other necessary permisaonsifiron,praate landowners. J. tdendficanon of future modes andMM��angem 4the sements. L Application for and securing all netess=rybermi[s.� I. Securing all necessary easermirk. m. Seeking volunteers for the ?laming, mRsfruc[lon, antl m i add the tag system. A \� % \ as defined in Article 9, as appropnace. o.Make a de[ermin3aTnas to [he owrre?sh1 and management resporsibiliHes of each I segment as m[nple[¢J. p. Manning and execution ofeents and otheiaes. q. Splitting financial an`Qin-ldird budons) r. Attendancce at all apprdMiaje,and`negiim ry public hearings and "a Committee. ing and presenting the Conceptual Plan to the review and approval. 1.1.2 Order ant p Jn of tral sediments The Communes co shall recommend to the City Council in order and do nob of the Vail segments to be constructed. and The y.I!b Committee must take into but a ernes li objective factors in ciwosing the onkr antl priority. Those factors include, but are not ase of to: (i) trail has, (4) t (2) physical, geographic and topographic cons, (5) le al ease seeing construction, (4) the variety and level of potential users and uses, use, legal and coning and (9) confor (s) tlesWathe and mnneNve P 0) Potential for use, (8) public safety, and (g) conformance oath the Comprehensive Plan. 06 352 The Committee will design and construct the trails In the order and priority determined by the Committee and approved by the Bangor City Counal. 7.1.3 Trail Design The Committee shall oversee the design and planning of each trail segment. The Committee may enter into separate Memoranda Of Understanding ("MOD's') for the purpose of the design and construction of each ball segment. The separate MOU's may contain the roles and resp�ns(blllp�es necessary to W design and construct the trail segments, including, but nomited tu: (1) hiring consultants necessary for design and development of tl]E�EraI mems, (2) determination of liability and liability protection, (3) sefurirg�'ps ranee as necessary, (4) negotiating easements, (5) securing necessary legal desymelrt3, 7.2 Fund 7.2.1 Grants -The appropriate grantee(ss) of Beach pI for funding shall be decided by the Bangor Trails Commute . 1'he u¢ hd applicarrf/grarrtee shal be responsible for fiscal management and isbursementof funds. 7.2.2 Other n n o rta Ith les�as appropriate\elZgarty may participate in the plannirgthe �arf ejlpndratang o rWnlbes as designated by AMCIE EIGHT: Upon complgfionbf the fir3t trail segment, �ct! party will designate one representative to serve on a Managema[�Committee. There sha 12 at least quarterly meetings in the first We years of Ihegil operagori, nd-aTcsst semi%nnual meetings thereafter. a. Coordinate thq management plans of all the pardes within the bail ice of the complete trails not held or the use of the bails not held or managed by a designated entry and secure funding for operation and maintenance activities as After 5 years of management of each trall segment not held or managed by a designated amity, the Management Committee may make a recommentlxtia W the parties to this agreement as to ongoing management and maintenance responsibilities of the subject trail segment. ^UAICONADGIil 4 06 352 This Memorandum may be modified by unanimous written consent of the three partes to the memorandum. ARTICIETEN: Termination Any party to this memorandum may withdraw and terminate it responsibility at will thirty (30) days after pnwkIing written notice to all parties to the agreement. SEEN AND AGREED TO: CRY OF BANGOR By, Tide KEEP BANGOR BEAMFUL By, % Title �l BANGOR LAN6Jl�T 68 ` Daft: Title