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
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Passage cad Secasde
for
N 01-609
Passed
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MTLEJ Aarbaririma asecaciaa of a
momoraodw of Oaderstaodicg - O[ono Bog
Boardwalk Project
Assigned Is COuncilOorr n %4f�' 1�,
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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
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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;
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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
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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 �
: