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HomeMy WebLinkAbout2001-10-22 01-409 ORDERCOUNOILACTION [tem No. 01-489 Date: Lo-zz-ol Item/Subject: Order, Authorizing Execution of a Memorandum of Understanding — Orono Bog Boardwalk Responsible Department: Legal The Orono Land Trust, Me University of Maine College of Natural Sciences, Forestry and Agriculture, anti Dr. gonad B. Davis propose entering into an agreement with the City of Bangor to fund, construct, anti maintain a boardwalk in the Orono Bog. While most of the bog Is located in Orono, a portion of the boardwalk and its major access point are located in Bangor's Ory Forest. An attached memorandum from John Hamer provides greater information on this project and the City's responsibilities in association with it. Please note that the attached Order, along with approving the memorandum of understanding, would also authorize the City representadve(s) on the Steering Committee to engage in fund raising activities under the provisions of the Code of Ethic. This will allow these representatives to work with the Steering Committee M enhance the endowment for Me project by fund raising as called for In ArUde VII, 5 of the agreement. Department Head Manager's Comments: This has been reviewed and is recommended by the Infras[mcture Committee. Any financial obligations Imposed upon the City by this agreement will be met through an appropriation from the City Forest Reserve. Staff recommends your apP OryManaier Associated Information: Memo, Agreement Budget Approval: Fnad� Direuor Legal APPnrval: Introduced for % Passage _Fine Reading page_M Referral AS4igMd w Coumilw aaaingtov October zz. 30011 CITY OF BANGOR (TITLE) Order, Author2ing IXecution of A Memorandum of Understanding - Orono Bog Boardwalk prow Sy me OWcowaofMe Ory of ORDEltE% That the City Manager is authorized to execute the attached memorandum of understanding establishing the purposes of a boardwalk to be constructed at the Orono Bog and setting forth the respective roles and responsibilities of the collaborating parties. BE IT FURTHER ORDERED, THAT. City representative(s) appointed to the Management Committee, as outlined in Article VII of the agmemem, are hereby authorized, pursuant to Chapter 33, Section 339.IA(9) of the Code of Ordinances of the City of Bangor, to participate in activities to enhance the project's endowment fund by fund raising. I9 CITY COtMIL October 23. 3001 Ilotion d Passage cad Secasde for N 01-609 Passed � ///J x.16 / ) _L R R I .. MTLEJ Aarbaririma asecaciaa of a momoraodw of Oaderstaodicg - O[ono Bog Boardwalk Project Assigned Is COuncilOorr n %4f�' 1�, \5 01— 0!) MEMORANDUM To: ]nfmsnuctue& Development Support Consomme From: John K. Hamer, Assistant City Solicitor Subject; OrcW Bog Boardwalk Project Date: Ocrober 9, 2001 The Orono land "frust, the University of Maim College of Natural Sciences, Forestry and Agriculture, and Dr. Ronald B. Davis propose entering into an agreement to fund, contend, and maintain a boardwalk in the Orono Bog. (A copy of the agreement is attached hereto.) While most of me bog is located in Orono, a portion of the boardwalk and the proposed access m this boardwalk are situated in Barger. The project is divided into three pleases: Phase I is designed to plan the boardwalk and raise funds; Phase 2 provides for the construction of the boardwalk; and Phase 3 provides for the continuing m esgement and maintenance of the boardwalk. It is hoped that Phase I will be completed by March 31, 2002, and Phase 2 completed by September 30,20K)2. It is likely, however, that the project will not be completed mb12003. In addition topanicipating in the local and state permitting process, the City will be required to: 1) apply for finding for parking lot enlargement and access trail construction to the boardwalk and provide any required in-kind match for this finding up to $10,000; 2) grant a license to the College for access to the boardwalk; 3) provide a parking area for construction personnel and sromg s space forcmistruction materials; 4) widen a short stretch of the present road where it passes elosert to the beginning of me boarlwalk to allow for obtruding of bus passengers, 5) constmet an ADA compliant nail from the paddng area to the beginning of the boardwalk; and 6) edarge the present parking amen to accommodate 30-40 can, After the boardwalk is completed, the City will be required to participate on the memgement committee and maintain the portion of the had located in Bangor. The agrecmentis for an initial seven (7) yearmm; thereaNer, the Citymay terminate its involvement by giving all parties our (1)year notice. Staff recommends approval of the agreement with an express authorization to the City representative(s) on the Steering Committee to engage in fund mising activities under the provisions of the Code of Ethic%Chapter 33, § 33-9.1A(4). 3KH cc: Bangor City Council Edward A. Barrett, City Manager Jim Ring. f&DS Director _ MEMORANDUM OF UNDERSTANDING ORONO BOG BOARDWALK PROTECT Article i. Parties to the memorendnin I. Orono Land Treat, Inc., Orono, Maim 2. College of Natural Sciences, Forestry and Agriculture of the University of Maine, Omno, Maine (hereinafter called the "College'); 3. City of Bangor, Maine; and 4. Ronald B. Davis, Omno, Maine, for the remainder of his tenure as Project Director. Article ll. Reasons for the memorandum This memorandum clarifies the purposes of a boardwalk to he constructed at Orono Bog, a'vL sets forth the respective roles and responsibilities of the collaborating parties. These roles and responsibilities change as the boardwalk project progresses through three posses: (1) Pre-consmructiom Planing and fund-raising, (2) wnsLLvction, (3) ongoing Operation and maintenance. Article IN Location of the boardwalk The boardwalk will be constructed ar Orono Bag, which is the southernmost roused bog unit of Caribou Bog. Orono Bog is largely located in the Town of Orongjust north oftba City of Bangor boundary, and just off Stillwater Avmw. A portion of Orono Bog extends across the boundary into the extreme northeastern comer of the City of Bangor., A location map is part this memorandum. Orono Bog is an outstanding normal area, as recognized by its National Park Service designation as a National Named landmark. ArticleM I?tumoses of the boardwalk 'Me parties agme that the boardwalk is for use by the public, for the fOQOVVM9 proposes, in order ofpnority I. education regarding the ecology, naval history, en amental imPortavce, conservation of wetlands1peadands, and compatible research; 2. nature study, including watching birds end other wildlife, observations of plant life, photc nVIry, and appreciation of natural beauty; 3. Outdoor, non -motorized recreation consistent with the above purposes; and O1-409 01-609 4, access m a wetlmd for persons unable, for reasons of disability, to traverse a wetland on fact - Article V. plurse r1q I7 abs and 1ti date, Pr 'act Director, son Steering Comirattee, rpromabilifiesof the arri The goals of Phase 1 are to plan the project, raise fords for it apply for permits, acquire wnshuctlon materials and otherwise prepare for construction, and engage volunteer carpenters and labor. Ibe projected completion does for Phase l is March 31, 2002. Ronald B. Davis shall save as the Project Director. D+. Davis will work with a Steering Committce. Dr. Davis will report progress and plana, and seek approval from the Steering Committee for major initiatives. With approval of the committee, Dr. Davis shall develop and submit proposals for finding, solicit contributions of boardwalk construction materials, prepare and subrvit applications for permits from town, state, and federal authorities, represent the project parties a hearings regarding the applications, aM raise funds for a Boardwalk Endowment. The position of Project Director reanimates at the conclusion of Phase 2. the appropria a grantee(s) of each proposal for funding shad be decided by the Staring Conmiittee. The successful applicant/grantee shall be responsible for faced maragemem and disbmsem®t of funds mthe request of Dr. Davis. The Steering Committee shall include up to two members representing each of the first three parties to this mernoramdum, plus Dr. Davis. Dr. Davis will call the fast meeting. These members shall designate a chairperson from than: membership. These members shall invite dues to five additional members to serve on the committee. Theadditional members shall represent conservation interests in the OronoBangor area An additional member;. ieprese usuwe of the National Park Service with responsibjEty for National Nation] Landmarks in this region, shad also be invited on save on the coauuivee. It shall be the responsibility of the Steering Committee to replace the Project Director in the event of Haber death or resignation - The first abuse parties shall have the following roles during Phase 1 L Orono land Trust(OLT) shall: A. work with the Project Director to prepare the site review permit application in Orono; B. be co -applicant with University of Maine in a site review permit application in Orono; 01-609 C. work with the Project Director 0 engage volunteers for boardwalk construction; D. attempt to engage membership participation in the volunteer Pool; and E. az porential pounce, provide fiscal management of fouling obtained from the National Peck Service. I The College shall: - - A. approve the cousrurnon of the boardwalk on its laud; B. provide prem nstiuction engineering and construction drawitip for the boardwalk; C. work with the Project Director and OLT to prepare the site review permit application in Orono; D. be co -applicant with OLT in site review permit application in Orom; E. he a co-sppficsat with the City of Bangor in state and federal applications forpernuts; P. provide hemlock logs for balf the lumber for the boardwalk; G. become primary applicanNgranra on appGw60118 to the State of Marne for funding for boardwalk construction costs, acting on behalf of the first three parties to this memorandum, and provide account rvmragement should State of Maine funding for boardwalk coashuction be received. The University shall hruir indirect costs to 13.95 percent of direct costs in such applications; IT - provide up to $8,000 match for an application for Maine State Trails program burning; and 3. The City of Bangor shall: A. aurhorne the civnsWetion of the boardwalk on its land, pending issuance of a land development permit and subject to the terms and conditions of saidpermit; - - - B. he the applicant for a land development permit in the City of Bangor for the portion of the boardwalk located within the City of Bangor; 3 C. apply for funding for parking lot edargement and access hail construction to boardwalk, and provide any required in-kind match f this funding up to $10,000; D. be a co-opplicad with the College in state and federal applications for permits; and D. grad a license to tM College for access to the boardwalk (most of - boardwalk is on University land) in accordance with the proposes set forth in Article N. This license shall be for an initial term of seven (7) Years, and Wereafter terminable upon one (1) year notice to all parties. Article VI. Construction b (Posts 21, goals and' etabl Project D'vxtor, and Stewing Continues resionsibilotiesf th anti The goal 'ofPlane 2 is in construct the boardwalk Construction is projected to begin on site on April 1, 2002, withprojectad completion by September 30, 2002. The Steering Committee shall establish rules and/or guidelines for boardwalk we. Successful grant applicants shall continue in then fiscal management roles. The first three parties shall have the following rules during this phase: 1. Orono Land Trust shall work with the Project Director in managing voladeers during construction. 2. The College shall: A. provide advice on construction techniques and procedures;antl B. allow clearing and grading, limited to thea tent necessary to facilitate construction ofthe boardwalk, and consistent with project purposes, as set forth in Article lV. 3. the City of Bangor shall: A provide parking area for construction personnel; B. provide a drive -m area near the begisming of the boardwalk suitable for piling lumber and other materials and for work space for construction and assembly of boardwalk units and allow erection of a temporary canopy a this work area for use during heavy rain; C. widen a shout snenh of be present road where it pusses closest to the beginning of the boardwalk mallow for unloading of bus passengers and construct an ADA compliant tail from this site to the beginning of the 4 oa-40 boardwalk. Primer boardwalkcompletion, this mulrome will bsusel fm vehicular across for unloading of boardwalk materials at the work area near the beginning of the boardwalk; D. allow clearing and goading, limited to the intent necessary on facili+ate access and constriction of the bohNwalk, subject to my necessary luoak grate, or federal approvals, consistent with project purposes forth in Article IV; and E. ardarges the present parking area m accommodate 30-40 cam, subject to au necessary local, state, and federal pemms and the acquisition of funding Article VII. P ction chase (Ph 31 dtsf as eM Camrvit[ce Upon completion of the boardwalk on or about September 30, 2002, the Steering Conmhtee will be terminated. fa its place, the first three parties will each place one representative on a Management Committee. ABoardwalk 11i ector, to be appointed(see belaw), willAsosit on the Management Committce. ITe Coruiaittee will elect a chairperson re call and conduct meetings. There shall be at least quarterly meetings in the find two years of boardwalk operation, and at least semiannual mectivgs thereafter. Consistent with the .proposes in Article IV, it shall be the responsibility of the Management Comminee to: 1.' oversee repair and maintenance of the boardwalk; 2. manage use of the boardwalk; 3.facHimes educational use 4. withdraw runnings, as needed from the Boardwalk Endowment Fund; and 5. enhance the endowment fwd by fund reusing. The parties re this memorandum shall have the following responsibilities, but maim initiatives shall firs[ be cleared by the Management Commit[CC. 1. Orono bead Trust shall carry out ovetsiga and monitoring of initiatives and activities to ensure consistency with the purposes stated is Article IV, and bung problems to the attention of the Management Committee. 2. The College shall: A. maintain its w&land land holdings at the Orono Bag m a natural and undisturbed condition (marege the land as a natural aria), consistent with the proposes m item W; 5 01-609, B. U wffieieat andowmerrt fares are available, engage and train an intern. The intern would be an hand at the boardwalk during busiest periods to answer questions, hand out brochures, conduct educational programs for school and other govps, remove litter, enforce rales, and monitor physical facilities; and C. appoint a Boardwalk Director, and replace dvectors who withdraw from the position. 3. City of Bangor shell: A. maintain areas an proximity of the boardwalk and of boardwalk access trails in a condition consistem with public safety, the Bangor City Forest mavagemem plan, and the purposes stated in Article N of this memotavduin;. B. maintain parking areas and access nails to ADA speificabous; and C. manage the portion of the Orono Bog in the City of Bangor and designated is the location map, anached hereto and incorporated by reference, in a annual and 'reabsorbed condition, consistent with the City's forot mavagementpin and the stated purposes of this memorandum. Article VlQ. Modificatie¢ofthe memomvdum This mertnua dura may be modified by the unanimous consent Of the parties. Article DL Endorsement On behalf of the parties to gds Memorandum of Understanding, we the under signed indicate our agreemerrt with the provisions of the memmandu n. ArticleM Tennficam 1. Any party to this Memomudam may withdraw from this Metnomndum and terminate its responsibilities hereunder in the event: A. that the Bangor Planting Board or Department of Environmental Protection, or any other pemutting agency, places restrictions on Nils project thatmaYerially conflict with Ws project's sorted purposes; B. thm any party hereto violates flus Agreement and fails to cure said breach within thirty (30) days; or 2. ARer so usitial teen of seven (7) years, any party to this Memorandum may v ffi&aw from tivs Memorandum and terminate its responsibilities hereunder Won one (I) yeanofioe to all parties. ORONNOO�LAND TRUST �Date Witness l•PIi/J—enemy o son Its: President RONALD B. DAVIS ✓4 1 l � : COLLEGE OF NATURAL SCIENCES, FORESTRY & AGRICULTURE, UNPIER 3TYOFMAINE,ORONO Dee WI*W by: Braoe W3 s Its: Dean CITY F HANGO 7s G Da i ess Hy: MWO A. Baum Its: CityManager RONALD B. DAVIS ✓4 1 l � :