CITY COUNCIL AGENDA - Bangor, Maine...18-132 ORDER Authorizing Purchase of Submersible Biofilter Pumps from Sulzer/ABS in the Amount of $124,100 ... replacement process. One source,

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REGULAR MEETING BANGOR CITY COUNCIL – MARCH 12, 2018

Page 1

PLEDGE OF ALLEGIANCE TO THE FLAG

PUBLIC COMMENT CONSENT AGENDA ITEM NO.

ASSIGNED TO COUNCILOR

*Explanatory Note: All items listed in the Consent Agenda are considered routine and are proposed for adoption by the City Council by one motion without discussion or deliberation. If discussion on any item is desired any member of the Council or public may merely request removal of the item to its normal sequence in the regular agenda prior to a motion for passage of the Consent Agenda. MINUTES OF: Bangor City Council Regular Meeting of February 26, 2018, Bangor

School Committee Meeting of February 15, 2018, Government Operations Committee Meetings of February 21, 2018, and March 5, 2018, Airport Committee Meeting of February 5, 2018 and Finance Committee Meetings of February 21, 2018 and March 5, 2018

Liquor Licenses: Application for Liquor License Renewal, Malt,

Spirituous, Vinous of Sea Dog Ventures, Inc. - Bangor d/b/a Sea Dog Ventures, Inc., 26 Front Street

GRAHAM

Application for Liquor License Renewal, Malt,

Spirituous, Vinous of Ever Spring Co, Inc. d/b/a Oriental Jade Restaurant & Bangor Beer Company, 320 Bangor Mall Boulevard

GRAHAM

Application for Liquor License Renewal, Malt of Better

Burger Bangor, LLC d/b/a Elevation Burger, 479 Stillwater Avenue

GRAHAM

18-128 ORDER Authorizing the City Manager to Execute an Agreement

with the Maine Department of Transportation, Overweight Construction Vehicles - Route 222 Asphalt Overlay Project WIN #023388.00

NICHOLS

Executive Summary: This Order is a routine action that would allow overweight construction vehicles on City streets in conjunction with Maine DOT's Route 222 Asphalt Overlay Project. The project begins in Levant 0.37 miles southeast of Wagner Road, extending southeasterly 7.78 miles, ending in Bangor. The contractor will be required to repair any resultant damage to City streets. This item was reviewed and recommended for approval at the February 20, 2018 Infrastructure Committee Meeting. 18-129 ORDER Authorizing the City Manager to Execute an Agreement

with Maine Department of Transportation for Overweight Construction Vehicles - Interstate 95 Northbound, Project WIN # 20855.00

PERRY


Page 2

CONSENT AGENDA ITEM NO.


Executive Summary: This Order is a routine action that would allow overweight construction vehicles on City streets in conjunction with Maine DOT's Interstate 95 "Ultra Thin Bonded Wearing Course". The project will begin at Hogan Road in Bangor and extend northerly 14.02 miles, ending in Alton/Argyle town line. The contractor will be required to repair any resultant damage to City streets. 18-130 ORDER Authorizing the City Manager to Apply for a Maine

Historic Preservation Commission Grant for Improvements to City Hall Entrances

GRAHAM

Executive Summary: This order would authorize the City Manager to apply for a Maine Historic Preservation Grant for improvements to city hall. The grant awards range from $5,000 to about $24,995 and require a 40% local match. Staff identified a scope of work to qualify for consideration that would address near term City Hall maintenance issues. The application would be to reset both sets of granite entry stairs, replace/update the three front doors and repair and/or restore the half-moon windows above the doors and the associated woodwork. In FY2018, $50,000 was appropriated to address the parking lot at City Hall. This work was undertaken but as part of the Park Street hill retaining wall project and therefore there are funds available for match. 18-131 ORDER Authorizing the City Manager to Execute a

Memorandum of Understanding with the Bangor Area Recovery Network to receive $16,500.00 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program

NICHOLS

Executive Summary: This Order will authorize the City Manager to execute a memorandum of understanding on behalf of the City of Bangor with the Bangor Area Recovery Network. BARN will receive $16,500.00 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program to serve people in the Bangor area living with substance use disorder. Staff from the Public Health & Community Services Department will provide technical assistance and monitoring. The term of the MEHAF Healthy Communities Phase Three grant ends December 31, 2018. 18-132 ORDER Authorizing Purchase of Submersible Biofilter Pumps

from Sulzer/ABS in the Amount of $124,100 NEALLEY

Executive Summary: The WWTP is in the process of replacing the six (6) submersible pumps that move water from the primary treatment process through the secondary treatment process. These pumps are original to the Secondary Treatment upgrade in 1992, and are well beyond their life expectancy at 27 years and maintenance issues are becoming more frequent. The electronic control and alarm system parts are no longer available. Funding to replace two pumps was approved in the FY 2018 budget.


Page 3



Staff, in conjunction with AECOM, the general engineering contractor, solicited two quotes to begin the replacement process. One source, Flygt, is the same manufacturer of the original equipment; and the other, Sulzer/ABS, was referred to the City by AECOM as comparable for comparison purposes. Both providers offer high quality products and dominate the market for this type of product. Staff recommendation is to purchase two pumps and the associated electronics from Sulzer/ABS, who provided the lowest quote, in the amount of $124,100. 18-133 ORDER Authorizing the City Manager to execute a lease renewal

agreement with the Transportation Security Administration (TSA) for space at Bangor International Airport

SUPICA

Executive Summary: This Order will authorize the City Manager to enter into a 1 year lease renewal agreement with the Transportation Security Administration (TSA) for the period of 01/15/2019 to 01/14/2020. TSA provides passenger security screening at the airport and desires to exercise their renewal option for the office space that they currently occupy for their administrative and management personnel. The TSA has leased space from the airport since 2001. The general terms of the lease will remain unchanged. The airport will rent 3,185 square feet of office space and thirty (30) employee parking spaces to the TSA. The lease terms include an escalator for CPI related to the operating cost of the lease payment. This lease will be in final form as approved by City Legal. This item was approved by the Airport Committee at its meeting on March 5, 2018. 18-134 ORDER Authorizing the City Manager to execute a short term

lease agreement between the City of Bangor and Elite Airways for the rental of a portion of hangar #600 located at Bangor International Airport (BGR)

TREMBLE

Executive Summary: This Order will authorize a short term lease agreement between the City of Bangor and Elite Airways. Elite Airways requests a short term lease of Hangar #600 for aircraft maintenance purposes. If approved, Elite Airways will rent Hangar #600 for a term of 10 months at a monthly rate of $2,186.98. Additional terms and conditions as well as form of agreement will be subject to approval by the City Solicitor. This item was approved by the Airport Committee at its meeting on March 5, 2018. 18-135 RESOLVE Ratifying City Manager's Execution of Memorandum of

Understanding - Maine Coalition to End Domestic Violence

DAVITT


Page 4



Executive Summary: The Maine Coalition to End Domestic Violence, the City of Bangor, Prosecutorial District 3, the Penobscot County Sheriff’s Office, Partners for Peace, and Safe Voices have collaborated to apply for an FY2018 Improving Criminal Justice Responses Program grant. Because the grant application needed to be submitted prior to the Council meeting, the City Manager executed a Memorandum of Understanding between the parties. The City of Bangor's participation, should the grant be awarded, will be a contribution of resources within its current activities for addressing domestic violence. The City will continue its efforts already in place to fight domestic violence, including having the Police Department's domestic violence officer serve as a member of a regional high risk response team, collaborate with Partners for Peace, participate in meetings, and provide technical assistance. REFERRALS TO COMMITTEE AND FIRST READING ITEM NO.


18-136 ORDINANCE Amending Chapter 33, Code of Ethics, Section 33-11 –

Municipal Budget (First Reading and Referral to Government Operations Committee Meeting of March 19, 2018)

SUPICA

Executive Summary: This ordinance would amend the Code of Ethics to add a provision that Councilors shall not abstain nor be prohibited from voting on the municipal budget when it comes before the Council for approval. Regardless of whether there may be items in the municipal budget on which a councilor has been previously determined to have a conflict or has previously abstained during the budget workshops. If during the Council discussion of the approval of the municipal budget the Council decides to deliberate upon a line item of the budget on which a councilor has been previously determined to have a conflict or has previously abstained, then the Councilor shall not participate in the deliberations on that particular line item. At the conclusion of the deliberation, the Councilor shall continue to participate in other budget deliberations and vote on the municipal budget. It is the intent of this provision that all Councilors shall participate in the deliberation and vote on the municipal budget when it is presented to the Council for approval, but that no Councilor shall participate in the deliberation on or vote on any specific provision in the municipal budget for which the Councilor has previously been determined to have a conflict or has previously abstained. 18-137 ORDINANCE Amending Chapter 165, Land Development Code, by

changing the zoning of 472 Essex Street from Urban Residence One District (URD1) to Urban Residence Two District. (URD2) (First Reading and Referral to Planning Board Meeting of March 20, 2018)

TREMBLE


Page 5

REFERRALS TO COMMITTEE AND FIRST READING ITEM NO.


Executive Summary: The proposed zone change will amend the zoning of 472 Essex Street from Urban Residence One District (URD1) to Urban Residence Two District (URD2). The present vacant building was converted to a 4 unit structure permitted under the 1960 Zoning Ordinance. The property was rezoned to Urban Residence One (URD1) in 1991, creating a grandfathered, non-conforming use. URD1 is a single family zoning district. If approved, this zone change will allow up to four units. UNFINISHED BUSINESS ITEM NO.


18-107 ORDINANCE Amending Chapters 165, Land Development Code, and

177, Marijuana, of the Code of the City of Bangor, By Adding Provisions Regarding Retail Marijuana Stores

DAVITT

Executive Summary: - The Marijuana Legalization Act (MLA) passed in November 2016, setting the stage for legal recreational use of marijuana in Maine. The MLA gives municipality’s wide latitude in regulating retail (as opposed to medical) marijuana. This Ordinance amendment would define the zoning districts in which retail marijuana stores are able to locate. It would also put certain security and oversight requirements in place. This has been reviewed with Council at a number of workshops throughout the year. 18-123 ORDINANCE Amending Chapter 165, Land Development Code,

Section 165-93, by Limiting Ground-Floor Residential Units in the Downtown Development District

DAVITT

Executive Summary: This ordinance would limit ground-floor residential units in Bangor’s downtown. As our downtown continues to revitalize and demand for downtown living continues to grow, an increasing number of ground floor spaces are being renovated into residential spaces. If allowed without restriction, this trend could reduce the vibrancy of the downtown area, making it less attractive to both residential and commercial uses. First floor residential units are also not well suited to the more commercial areas of downtown, given the noise and lack of privacy of these areas. This ordinance would prevent residential units from being located on the ground floor of major commercial areas in the downtown, preserving the urban, commercial character of downtown and reducing conflict between commercial and residential uses. An appeal process would exempt the property if it were otherwise unable to earn an economic return on its value. This item was reviewed and recommended for approval by a vote of 6 – 1 at the Planning Board Meeting on March 6, 2018. 18-124 ORDINANCE Amending Map Entitled “Downtown Parking

Management District” by Prohibiting Wintertime Parking for Two Parking Spaces on Harlow Court

TREMBLE


Page 6

UNFINISHED BUSINESS ITEM NO.


Executive Summary: This ordinance amendment would prohibit parking between November and March in two parking spaces on Harlow Court. Six parking spaces are on the northern side of Harlow Court. During the winter, snow can build up to the point where cars parked in two of these spaces make it difficult for vehicles to exit through the northern vehicle entrance of the federal building. This poses a safety and security issue for the U.S. Marshal’s Office in the building. This amendment would prohibit parking in these two spaces between November and March. From April through October, the spaces will remain one-hour parking. 18-125 RESOLVE Accepting a Donation from Maine Trailer Sales and the

Bangor Noon Rotary to Repair and Renovate the City's Wenger Trailer Stage and Appropriating up to $9,000 from the Parks and Recreation Reserve Fund

SUPICA

Executive Summary: This resolve authorizes the City to accept a donation of materials and labor from the Bangor Noon Rotary and Maine Trailer Sales of Hampden to repair and renovate the City's Wenger Trailer Stage and appropriate up to $9,000 from the Parks and Recreation Reserve Fund. If approved, Maine Trailer Sales would provide materials and labor to perform the necessary mechanical repairs which has an estimated value of $8,900 plus other in-kind contributions. The Rotary would provide labor and materials for the needed aesthetic repairs and renovations. The City would provide up to $9,000 from the Parks and Recreation Reserve. NEW BUSINESS ITEM NO.


PUBLIC HEARING; Application for a Special Amusement License Renewal of

Sea Dog Ventures, Inc. - Bangor d/b/a Sea Dog Ventures, Inc., 26 Front Street

GRAHAM

18-138 ORDER Directing the City Manager to Take Possession of Vacant

Land Located on the Hayford Road and Authorizing Execution of a Municipal Quitclaim Deed, Map/Lot 022-012-C

NICHOLS

Executive Summary: This Order directs the City Manager to take possession of vacant land located on the Hayford Road by virtue of matured tax liens. The property is identified as Map/Lot 022-012-C and was previously owned by Daniel M. Searway and Jennifer K. Searway. The City of Bangor has recorded multiple tax liens on the property for unpaid real estate taxes, which have matured. All attempts to receive payment have been unsuccessful.


Page 7

NEW BUSINESS ITEM NO.


Staff also recommends that the best use of the property would be to transfer the property to the abutter Li Qun Yang. The agreed upon price of $2,181.78 has been paid in full and there are no outstanding sewer charges, stormwater fees, or property issues. Because the liens have matured, a municipal quitclaim deed is required to release the City's interest in the property. This was reviewed and recommended for approval by the Finance Committee on March 5, 2018. 18-139 ORDER Directing the City Manager to Take Possession of the

Property Located at 118 Grove Street, Map/Lot 048-062 PERRY

Executive Summary: This Order directs the City Manager to take possession of the property located at 118 Grove Street by virtue of matured tax liens. The property is identified as Map/Lot 048-062 and was previously owned by Andrew J Murphy. The City of Bangor has recorded multiple tax and utility liens on the property for unpaid real estate taxes, sewer charges and stormwater charges, which have matured. All attempts to receive payment have been unsuccessful. If approved, this Order will also authorize the removal and disposal of any abandoned personal property on the property. Final disposition of the property will be determined by staff following a full inspection. This was reviewed and recommended for approval by the Finance Committee on March 5, 2018. 18-140 ORDER Rescinding Council Order 18-127, Regarding the

Demolition of the Structure at 11-15 Garland Street WESTON

Executive Summary: This Order would rescind Council Order 18-127, which authorized the demolition of the structure at 11-15 Garland Street. On February 26, 2018, the City Council passed Council Order 18-127, authorizing staff to demolish the structure at 11-15 Garland Street and lien the property for the costs incurred. A developer has now entered into a purchase and sale agreement for the property and intends to rehabilitate it. Therefore, it is appropriate that Council Order 18-127 be rescinded in order to give the developer an opportunity to follow through with rehabilitation of the property.

CONSENT AGENDA

MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL- FEBRUARY 26, 2018

Meeting Called to Order at 7:30 PMChaired by Council Chair SpragueCouncilors Absent: Tremble

Meeting Adjourned at 8:29 PM

PUBLIC COMMENT Council Chair Sprague recognized Joe Imbriacofor his service at the CrossInsurance Center and wished him well on his next endeavor.

Keith Staples and Allen Robertson spoke regarding the needfor more homelessshelter space in Bangor.

CONSENTAGENDA ASSIGNED TO

ITEMNa COUNCILOR

MINUTES OF: Bangor City Council Regular Meeting ofFebruary 12, 2018, Bangor School CommitteeMeeting ofJanuary 24, 2018, and Government Operations Committee Meeting ofFebruary 5, 2018

Action: Accepted andApproved

Liquor Licenses: Applicationfor Liquor License Renewal, Malt, Spirituous, GRAHAM

Vinous ofIchiban Inc d/b/a Ichiban, 226 Union Street

Action: Approved

Applicationfor Liquor License Renewal, Malt, Spirituous, GRAHAM

Vinous of Greenleafs Bar& Grill Inc d/b/a Carolina Sports&

Spirits, 16 Union Street

Action: Approved

Applicationfor Liquor License Renewal, Malt of Chipotle GRAHAM

Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill2287, 583 Stillwater Ave

Action: Approved

18-109 ORDER Authorizing Execution ofa Municipal Quitclaim Deed- Real WESTON

Estate Located at 14 Westland Street

Action: Passed

18-110 ORDER Authorizing Execution ofa Municipal Quitclaim Deed- Real NEALLEY

Estate Located at 27 Bower Street

Action: Passed

18-111 ORDER Authorizing Execution ofa Municipal Quitclaim Deed- Real GRAHAM

Estate Located at 117 Fourth Street

Action: Passed

Page 1

MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—FEBRUARY 26, 2018

CON . NTAGE, DA ASSIGNED TO

ITEMNO. COUNCILOR

18- 112 ORDER Authorizing Execution ofa Municipal Quitclaim Deed- Real SUPICA

Estate Located at 133 Church Road

Action: Passed

18- 113 ORDER Authorizing Execution ofa Municipal Quitclaim Deed- Real WESTON

Estate Located at 408 Essex Street

Action: Passed

18-114 ORDER Authorizing Execution ofa Municipal Quitclaim Deed- Real NEALLEY

Estate Located at 460 Essex Street

Action: Passed

18-115 ORDER Authorizing Execution ofa Municipal Quitclaim Deed- Real GRAHAM

Estate Located at 1241 Stillwater Avenue

Action: Passed

18-116 ORDER Authorizing the City Manager to accept$ 37,578.00 infunds as SUPICA

the result ofa State Criminal Forfeiture-( Abreu)

Action: Passed

18-117 ORDER Accepting a donation ofa Bike Rackfrom Bangor Green Drinks NICHOLS

and Slipping Gears Bike Shop

Action: Passed

18-118 ORDER Authorizing Carry Forward Funding in the Amount of$190,475 WESTON

from the FY 2017 Economic Development Fund

Action: Passed

18-119 ORDER Accepting Brighton Avenue Extension DA VITT

Action: Passed

18-120 ORDER Granting Easement to Emera Maine- Griffin Road NICHOLS

Action: Passed

18-121 ORDER Appointing Airport Constablefor the Year 2018 TREMBLE

Action: Passed

Page 2

MINUTES OF REGULAR MEETING BANGOR CITY COUNCIL—FEBRUARY 26, 2018

CONSENTAGENDA ASSIGNED TO

ITEMNO. COUNCILOR

18-122 ORDER Authorizing the Ciry Manager to execute a Collective TREMBLE

Bargaining Agreement between the City ofBangor andAFSCME Council 93, representing Ramp Attendants and ShiftLeads at Bangor International Airport.

Action: Passed

REFERRALS TO COMMITTEE AND FIRSTREADING ASSIGNED TO

ITEM NO. COUNCILOR

18-123 ORDINANCE Amending Chapter 165, Land Development Code, Section 165- DA VITT

93, by Limiting Ground-Floor Residential Units in theDowntown Development District

Action: First Reading and Referral to Planning Board Meeting ofMarch 6, 2018

18- 124 ORDINANCE Amending Map Entitled" Downtown Parking Management TREMBLE

District" by Prohibiting Wintertime Parkingfor Two ParkingSpaces on Harlow Court

Action: First Reading

18-125 RESOLVE Accepting a Donation from Maine Trailer Sales and the Bangor SUPICA

Noon Rotary to Repair and Renovate the City' s Wenger TrailerStage and Appropriating up to $ 9,000from the Parks andRecreation Reserve Fund

Action: First Reading

UNFINISHED BUSINESS ASSIGNED TO

ITEM NO. COUNCILOR

18-105 ORDINANCE Amending Chapter 165, Land Development, of the Code ofthe NEALLEY

City ofBangor, By Allowing the Use ofAccessory BuildingsforHome Occupations

Action: Motion made and secondedfor Passage

Vote: 8— 0

Councilors Voting Yes: Davitt, Graham, Nealley, Nichols, Perry,Supica, Weston Sprague

Councilors Voting No: NonePassed

18-106 ORDINANCE Amending Chapter 231, Public Parks, Section 231-2, by NICHOLS

Correcting Map and Lot Referencesfor Second StreetPlayground and Kenduskeag Stream Park

Page 3

MINUTES OFREGULAR MEETING BANGOR CITY COUNCIL—FEBRUARY 26, 2018

1tASSIGNEDTOt.

6. ..«. .. , ,

Action: Motion made and secondedfor Passage

Vote: 8— 0

Councilors Voting Yes: Davitt, Graham, Nealley, Nichols, Perry,Supica, Weston Sprague

Councilors Voting No: NonePassed

SIGNED TOij

b . f} OUNCILORfH tt C( f.

18-126 ORDER Authorizing the City Manager to Demolish the Structure at 10 GRAHAM

Hersey Avenue and Have a Lien Placed on the Property to RecoupCity Costs

Action: Motion made and seconded to Open Public HearingPublic Hearing OpenedMotion made and seconded to Close Public HearingPublic Hearing ClosedMotion made and secondedfor Passage

Passed

18-127 ORDER Authorizing the City Manager to Demolish the Structure at 11- 15 PERRY

Garland Street and Lien the Property for Costs Incurred

Action: Motion made and seconded to Open Public HearingPublic Hearing Opened

Nick Mullins expressed an interest in renovating thisproperty.Gary Smith congratulated the Code Office and Policefor helpingin the neighborhood He said this property has caused himproblems at his business.

Motion made and seconded to Close Public HearingPublic Hearing ClosedMotion made and seconded to Postpone until the next regular CityCouncil meeting.Motion Doubted

Vote: 1— 7

Councilors Voting Yes: PerryCouncilors Voting No: Davitt, Graham, Nealley, Nichols, Supica,Weston, Sprague

Motion Failed

Motion made and secondedfor Passage

Passed

Attest: ULisa . Goodwi , M , City Clerk

Page 4

MINUTES

BANGOR SCHOOL COMMITTEEREGULAR MEETING

Wednesday. February 15. 2018

School Committee Members present: Vice Chair Brian Doore. Jennifer DeGrofE Marlene Susi. TimSurrette. Sue Sorg. and Carin Sychterz. Chair Sue Hawes was unable to attend the meeting

By roll call vote 4—0 entered Executive Session at 6:01 p.m. for the purpose discussing personnel issuesand negotiations with the Teachers’ Bargaining Units pursuant to I \.R.S.A. 405(6)(D). MembersDeGroff and Sychterzjoined the Executive Session after it began.

A. I. & 2. Entered public session at 6:35 p.m. and recessed until 7:00 p.m. when Vice Chair Doorecalled the meeting to order and the pledge of allegiance followed.

3. a. The Bangor School Department and the Bangor School Committee recognized theBangor High School Debate Team for earning the State Championship.

b. The Bangor School Department and the Bangor School Committee recognized theBangor Nigh School Class A Cheerleading State Champions.

c. The Bangor School Department and the Bangor School Committee recognized theDowneast School, Vine Street School and Abraham Lincoln School for receivingthe Bicycle Coalition of Maine’s Public Service Excellence Award for theWalking School Bus Program.

D. 2. a. Librarian Lori Patterson and Teacher Cathy Hanscom provided information onWork2Play. an after school program for grade six students.

Members expressed appreciation and asked if this program might be expanded tothe older grades and to the Cohen School.

b. Literacy Coaches Kristi Charette. Shana Curtis. Sheik’ Morin. Katrina Rutherford.and Deb Swett presented an overview on literacy projects.

Members expressed appreciation and asked questions about the work of literacycoaches.

c. Superintendent Webb shared the estimated revenue from the State for the FY19budget.

d. Superintendent Webb informed the Committee of plans for the Regional Programif additional districts will be sending students.

e. Superintendent Webb reported the following teacher retirement(s) at the end ofthe 2017-2018 school year:

Candace Cowan Grade 4 Teacher Fairmount SchoolJanet Riley Kindergarten Teacher Fruit Street School

Minutes, Regular Meeting, February 15, 2018 2.

Carol Turner Kindergarten Teacher Fruit Street SchoolStephanie Leonard Art Teacher Fairmount School

Member Susi thanked the teachers for their years of service and wished them wellin retirement.

I Superintendent Webb reported the following resignation(s):

Kelly Hasselbrack (.50) IEP Coordinator Bangor High SchoolLarry Seaney Girls A Softball Coach JFDS

E. l.a. I. VOTED 5 (Doore. DeGroffi Susi. Sychterz, Surrette) for 0 opposed and I (Sorg)abstained to approve the Minutes of the January 24. 2018 Regular SchoolCommittee Meeting.

b. Superintendent Webb recommended approval of the December 2017 FinancialReport.

VOTED 6-0 to approve the report as presented.

c. Superintendent Webb recommended the following Teacher nomination for the201 7-2018 school year. with a one-year Probationary Contract:

Ken Rautiola. School Social Worker at the Bangor Regional Program

VOTED 6-0 to approve the nomination as presented.

d. Committee Member Jennifer DeGroff shared the following donation(s):

To the Mary Snow School from Lifetouch. a cash donation to support the learningof students at Mary Snow School. having a total dollar value of $632.

To the Man’ Snow School from the Mary Snow PTO. winter clothing, having atotal dollar value ofSl75.

To the Mary Snow School from the Mary Snow PTO. a cash donation to helppurchase items for a school store, having a total dollar value of $300.

To the Abraham Lincoln School from Mannon deCarlo. a cash donation to helppay for meals for students needing assistance, having a total dollar value of $500.

VOTED 6-0 to approve the donations with great thanks.

E. 2. a. 1. Superintendent Webb recommended receipt of first reading of Policy ICA.

VOTED 6-0 to receive the first reading of the policy as presented.

F. 2. c. Member Sorg reminded everyone the Skills USA will be held on March 2’.

1-I. Vice Chair Doore reviewed the important dates.

Minutes, Regular Meeting, February 15, 2O8 3.

Meeting adjourned at 8:13 p.m.

Resp tfully submitted,

etsy M. Webb, M.D.Superintendent of Schools

Government Operations Committee

WEDNESDAY, FEBRUARY 21st, 2018

City Council Chambers

MINUTES

Councilors Present: Graham, Nealley, Nichols, Perry, Supica, and Weston.

Assistant City Manager Crooker, Parks and Recreation Director Willette.

Others Attending: Sarah Johnson from Bangor Noon Rotary

Councilor Graham opened the meeting at 5:20 PM.

Regular Agenda

1. Ordinance, Amending Chapter 231, Public Parks, Section 231-2, by Correcting Map and Lot References for Second Street Playground and Kenduskeag Stream Park. 035 169 168 Second Street Playground

040 001-A 001-B Kenduskeag Stream Park

Assistant City Manager Crooker explained to the committee that the City of Bangor Code defines public parks in accordance with their map and lot numbers on the City of Bangor tax maps. This ordinance would amend the listings for the playground at Second Street Park and Kenduskeag Stream Park so that their map and lot numbers are correctly cited in the Code. Councilor Weston motioned in favor. Councilor Nichols seconded. Councilor Graham asked for clarification on the area that the Kenduskeag Park encompasses. Parks and Recreation Director Willette reviewed the area with the committee. Councilor Graham noted that there are several signs along the stream that identify numerous different parks. Councilor Graham suggested that staff look at firming up the names of the parks in the future. All in favor. 5-0. 2. ORDER, Accepting a donation of a Bike Rack from Bangor Green Drinks and Slipping

Gears Bike Shop

Assistant City Manager Crooker explained that this order would authorize the City to accept a donation of a bike rack from Slipping Gears Bike Shop. This donation was facilitated by Bangor Greendrinks who initially informed the City of the desire of Slipping Gears to make the donation. This bike rack will be installed at the Essex Woods Recreation Area. Councilor Weston motioned in favor. Councilor Nichols seconded. 5-0.

3. Discussion of a proposal to rebuild Wenger Stage.

Assistant City Manager Crooker indicated that the City has had a portable trailer stage for over 40 years that is used for community parades and events. He noted that the stage was last renovated and repainted in 2000 & 2001. The stage is getting to a point where it will no longer be able to be used and it will need to be taken out of service.

Maine Trailer approached staff with a proposal to rebuild the stage to bring it back to a safe and usable condition. Specifically, work would include repairing the roof, replacing the plywood interior walls, as well as addressing the mechanical issues that exist currently. Maine Trailer has estimated the entire cost of repair in two parts:

1. New tires, suspension repair and replacement, new brakes on all wheels, springs, wheel seals and front hitch repair. $6,600.00

2. Roof repair, interior plywood replacement, stair repair, replacing the steel rot, repair of jack stands, and paint to be $10,900.00.

3. Maine Trailer has offered to reduce their normal labor rate of $70.00 per hour to $45.00 per hour for this project. They have estimated there could be as much as 135 hours of labor to complete this work.

Maine Trailer has offered to donate to the cost of the suspension work detailed in item #1 and with the reduced labor rate in item #2; the total donation from Maine Trailer would be $8,900.00. That would leave a total project cost to the City of $8,600.00.

Subsequent to this initial proposal, staff was approached by members of the Bangor Noon Rotary with a similar interest in renovating the stage. They are willing to partner with Maine Trailer to complete cosmetic improvements to the stage. Once the project is complete, staff would like to recognize both organizations with signage or like recognition on the exterior wall of the trailer.

Assistant City Manager Crooker noted that an ORDER has been prepared that would authorize the Parks and Recreation Department to work with Maine Trailer Sales and the Bangor Noon Rotary to repair and renovate the City's Wenger Trailer Stage.

Sarah Johnson of the Bangor Noon Rotary addressed the committee. Ms. Johnson indicated that the Rotary used the stage for the lights parade and other events. The Rotary is looking into options for cosmetic improvements including the possibility of wrapping the trailer stage similar to how the Community Connector buses are wrapped. Ms. Johnson indicated that they would look at a variety of options and come back to the Council with recommendations.

It was noted that this is a three-way partnership to save this one of a kind type of stage. It was mentioned that representatives of Maine Trailer had searched the United States to see if they could find something like it but with no luck. It is a “unique piece of equipment”. Staff indicated that the Recreation Reserve Fund could be used to fund the City’s portion of the repairs.

Councilor Graham suggested that perhaps the Cultural Commission could be contacted and some local artists could develop something to go on the trailer stage.

Staff was asked when work could commence. Staff indicated that the stage would be sent to Maine Trailer as soon as possible for them to start repairs. Bangor Noon Rotary indicated that they would come back with options as soon as possible. Councilor Weston motioned. Councilor Nichols seconded. All in favor 5-0.

Government Operations Committee

MONDAY, MARCH 5th, 2018

MINUTES

Councilors Present: Graham, Nealley, Sprague, Supica, and Tremble.

Staff Present: City Manager Conlow, Assistant City Manager Crooker, and Prevention Specialist Jamie Comstock.

Chairperson Graham opened the meeting at 6:33 PM.

Regular Agenda

1. Order, Authorizing the City Manager to Execute a Memorandum of Understanding with the Bangor Area Recovery Network to receive $16,500.00 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program.

Assistant City Manager Crooker indicated that this is the second year of a three-year grant that will end December 31, 2019. Mr. Crooker noted that this grant is to help build community capacity and sustainability for the recovery-coaching program. The MOU between the City and BARN needs to be signed before the Maine Health Access Foundation will release funds. Assistant City Manager Crooker indicated that staff is asking the council to authorize the City Manager to sign the MOU with the Bangor Area Recovery Network. Councilor Sprague motioned staff recommendation. Councilor Supica seconded. Councilor Graham asked how much of this money involved state funds. Jamie Comstock reiterated that this if from a private foundation therefore there were zero state funds involved. All in favor of motion 5-0.

Meeting Adjourned at 6:36 PM.

FINANCE COMMITTEE MINUTES

February 21, 2018 @ 5:15 pm

Councilors in Attendance: Cary Weston, Joe Perry, David Nealley, Sarah Nichols, Laura Supica

Staff in Attendance: Cathy Conlow, Mike Crooker, Tom Higgins, Tony Riitano

1. Uniform Bid - Fire Department – Admiral Fire and Safety - $13,308 Motion made by David Nealley and seconded by Sarah Nichols to award contract to Admiral Fire and Safety, motion passed unanimously.

2. Order, Authorizing Carry Forward Funding of $190,475 from the FY 2018 Economic Development Fund The FY 2018 budget included a number of capital improvements budgeted in the Economic Development Fund to be funded using proceeds from the 2017 sale of property. The intent was to carry over funding, however, the provision to carry the funds forward was omitted from the annual resolve. The attached order would authorize this carry forward. Motion made by Sarah Nichols and seconded by David Nealley to recommend approval of the Order to the City Council, motion passed unanimously. Meeting adjourned 5:20 pm

FINANCE COMMITTEE MINUTES

March 5, 2018 @ 6:15 PM

Councilors in Attendance: Tremble, Graham, Nealley, Supica, Sprague

Staff in Attendance: Cyr, Wallace, Rudzinski, Little, Crooker, Caruso

1. Consent Agenda a. Residential Rehabilitation Loan (Confidential Memo Provided)

The loan was ratified by the Committee.

2. Bids/Purchasing a. Waive Bid Requirement – Pumps – WWTP – Sulzer/ABS - $124,100

Motion was made and seconded to recommend purchase to City Council, motion passed unanimously.

3. Order, Authorizing Maine Historic Preservation Commission Grant Application

Staff reviewed a draft grant application to improve the entrances to City Hall. The work would involve the stairs, retaining walls, front doors and windows and trim above the doors. Motion was made and seconded to recommend passage of the Order to the City Council, motion passed unanimously.

4. Request to Take Possession and Issue Quitclaim Deed - Hayford Road Staff reviewed its recommendation to take possession of a vacant parcel abutting a residential structure. The residence was a subject of foreclosure, however, the foreclosure didn’t include this parcel which was part of the residence. When contacted the new owner wasn’t aware that this parcel was not included in their acquisition and agreed to pay all outstanding taxes (taxes are still assessed to the prior owner and no attempt for payment has been made). Motion was made and seconded to take possession of the lot for unpaid taxes and to issue a quitclaim deed to the current owner, motion passed unanimously.

5. Request to Take Possession of 118 Grove Street Staff reviewed its recommendation to take possession of this property for unpaid taxes. This property was identified as it had multiple years of matured tax liens, the titled owner does not appear to reside at this property. When the notice was originally posted on the property, the City was contacted, subsequent efforts to make contact and develop a workout agreement have gone without response. It appears this property is inhabited, the City again posted the property and to date no response has been received. Once the City takes possession of the property, it will work with any inhabitants to obtain housing and to address any personal property on site. Motion was made and seconded, to recommend taking possession of the property to the City Council, motion passed unanimously. A request was made to update the Council regarding any inhabitants. Meeting was adjourned at 6:32 pm

City of Bangor Airport Committee City Council Chambers 3rd Floor

February 5, 2018 Meeting Minutes

The following City Councilors were in attendance: Airport Committee Chair Dan Tremble, Councilors Clare Davitt, Gibran Graham, David Nealley, and Laura Supica. Also in attendance were City Manager Cathy Conlow, Airport Director Tony Caruso and Airport Marketing Manager Risteen Bahr. Agenda and Discussion: 1. Office Lease – AIRNET Airport Director Tony Caruso requested Airport Committee approval of an office lease renewal between the City and AIRNET. AIRNET is contracted by law enforcement agencies to assist with search and rescue activities. The lease will be for office space within the General Aviation terminal. Motion made, seconded and approved. 2. Product Evaluation agreement with JBT Corp. Director Caruso asked for Committee approval authorizing execution of a Product Evaluation Agreement for an Aircraft Deicing Truck with JBT Corporation. JBT Corp. requested that Bangor participate in a 90-day product evaluation for their new truck given the winter weather we experience. We currently have an older model in use; they will bring a newer model for us to test during this 90-day period. Motion made, seconded and approved. 3. Airport Statistics – December 2017 Airport Director Caruso announced that we surpassed the 500,000 passenger mark for the first time last year. Marketing Manager Risteen Bahr reported that our passenger volume reached 546,264 with a 25% year-over-year increase in December. Our full year passenger count was 10.7% higher than 2016. We had an increased capacity in the number of seats available and we were able to fill them. Load factors were down in December; may have been due to storms. For the year, American continues to be the leader in number of seats and passengers. Councilors discussed the varied factors resulting in this passenger increase, including fare parity with Portland and the terminal improvements. A common question asked of Councilors is “When will we have air service to Boston?” Marketing Manager Bahr responded that fuel costs and high fares caused airlines to leave the Bangor-Boston market several years ago. We continue to monitor that market for opportunities.

Director Caruso reported that Operations statistics, in total, were 1% higher than last year. Military operations were down a little; most of the decline was probably due to the de-icing situation. Fuel sales were 4% higher than last year. 4. BGR’s 50th Anniversary/celebration planning 2018 is the 50th year since the City took over operation of the Airport so we would like to recognize that milestone. We’ve talked about some special events, contests, maybe inviting retirees back, etc. We are now using a new 50th logo. We are developing a commemorative piece, based on old scrapbooks and interviews, documenting the history of the Airport. Meeting Adjourned.

03/12/2018 18-128

03/12/2018

18-128

Engineering

Title, Order

Order N/A

Authorizing the City Manager to Execute an Agreement with the Maine Department of Transportation, Overweight Construction Vehicles - Route 222 Asphalt Overlay Project WIN #023388.00

The attached Order is a routine action that would allow overweight construction vehicles on City streets in conjunction with MaineDOT's Route 222 Asphalt Overlay Project. The project begins in Levant 0.37 miles southeast of Wagner Road, extending southeasterly 7.78 miles, ending in Bangor. The contractor will be required to repair any resultant damage to City streets.

Infrastructure Committee 02/20/2018Recommend for passage 5 0

Agreement Attached

Consent

CITY OF BANGOR ORDER 03/12/2018 18-128

03/12/2018

18-128

Nichols

Authorizing the City Manager to Execute an Agreement with the Maine Department of Transportation, Overweight Construction Vehicles - Route 222 Asphalt Overlay Project WIN #023388.00

Be it Ordered by the City Council of the City of Bangor that, The City Manager is hereby authorized and directed to execute an agreement with the Maine Department of Transporation for transport of construction equipment that exceeds legal weight limits over municipal roads in conjunction with MaineDot's Route 222 Asphalt Overlay Project, WIN #023388.00, which begins in Levant 0.37 miles southeast of Wagner Road, extending southeasterly 7.78 miles, ending in Bangor. A copy of the Agreement is attached.

;

$*,,ft

Srarr oF MAINEDrpeRrurNr or TnaNSPoRTATIoN

16 Srarr Housr SrartorvAucusra, MarNr A4333"0016

Paul R. LePage

GOVERNOR

Catherine Conlow, City ManagerCity of Bangor73 Harlow StreetBangor, ME 04401

Subject: Hot Mix Asphalt OverlayProject No.: 023388.00Towns of Levant, Glenbunr and Hermon &City of Bangor

Dear Ms. Conlow:

The Maine Departrnent of Transpoftation will soolr advertise the subject project forconstruction, and pursuant to 29-A MRSA $ 2382 (7) we have established a "Construction Area". A copyof 29-A 5 2382 is enclosed for your information. Also included is an agreement, which requires signatureby the municipal officers, and additional background documents.

The agreement stipulates that the rnunicipality will issue a permit for a stated period of time tothe MDOT contractor for transporting construction equiprnent (backhoes, bulldozers, etc.) that exceed legalweight limits, over rnunicipal roads. The agreernent acknowledges the municipality's right to require a

bond from the contractor to o'guarantee suitable repair or payment of damages" per 29-A MRSA.

29-A MRSA $ 2382 (7) states that"Ihe suitubility of repairs or the anlount of damage is to be

determined by the Departmenl of Transportalion on stale-maintained ways and bridges, otherwise by the

municipal fficers". In other words, rnunicipal officers determine the suitability of repairs on municipalways and bridges.

The State carlnot force rnunicipalities to allow overweight vehicles to travel on posted

municipal roads. Municipal postings supersede overweight permits. However, the agreement requiresmunicipalities to make reasonable accommodations for overweight vehicles that are operated by contractorsand the MDOT in connection with tlre construction project.

The specific rnunicipal roads involved are not necessarily known at present, as the contractor'splanofoperationwon'tbeknownuntiljustpriortothestartofwork. Ifthemunicipalityplanstorequireabond; the amount of the bond should be deterrnined prior to the start of work. If the project numberadministratively changes, you will be notified, and the agreement modified accordingly. Please return the

completed agreement to my attention. Should you have any questions, please contact me at 624-3410.

S

GeorgeContracts & Specifications EngiBureau of Project Development

David Bernhardt

COMMISSIONER

v3Ut8

,alt,I rt'1 , u"

ir,\ "\: \ Lrl l l1l.

THE N,TAINE DEPARTMENT OF TRANSPORIATION lS AN AtIlltltlATl\'I ACItONPHONLI: (2t)7) 624-l00tr IIY trSIRS CAII. l\1AINtI RLtA\ 711

EQUAL OPPORTUNITY EMPLOYER

FAX: (207) 624-3001

18-128MARCH 12, 2018

Return this AGREEMENT, when completed, to:

Maine Department of TransportationATTN.: Mr. George Macdougall, Contracts & Specifications Engineer#16 State House Station. Child StreetAugusta, Maine 04333-00 1 6

Project No.: 023388.00Towns of Levant, Glenburn and Hermonand City of Bangor

Pursuant to 29-A MRSA $ 2382, the undersigned municipal officers of the City ofBangor agree that a construction overlimit permit will be issued to the Contractor for theabove-referenced project allowing the contractor to use overweight equipment and loadson municipal ways.

The municipality may require the contractor to obtain a satisfactory bond pursuant to29-A MRSA $ 2388 to cover the cost of any damage that might occur as a result of theoverweight loads. If a bond is required, the exact amount of said bond should bedetermined prior to the use of any municipal way. The Maine DOT will assist indetermining the amount of the bond if requested. A suggested format for a generalconstruction overlimit bond is attached. A suggested format for a construction overlimitpermit is also attached. This construction overlimit permit does not supersede rules thatrestrict the use of public ways, such as posting of public ways, pursuant to 29-A MRSA $2395.

The rnaximum speed limit for trucks on any municipal way will be 25 mph (40 km perhour) unless a higher speed limit is specifically agreed upon, in writing, by the MunicipalOfficers.

CITY OF BANGORBy the Municipal Officials

18-128MARCH 12, 2018

Project WIN: 23388.00SPECIAL PROVISION I05CONSTRUCTION ARBA

A Construction Area located in the Towns of Levant, Glenburn and Hermon and City of Bangor has beenestablished by the Maine Department of Transportation (MDOT) in accordance with provisions of 29-A 52382Maine Revised Statutes Annotated (MRSA).

(a) The section of highway under construction in Penobscot County, WIN 23388.00 is on Route222 beginning in Levant 0.37 mi. southeast of Wagner Road and extending southeasterly 7.78miles, ending in Bangor.

Per 29-A S 2382 (7) MRSA, the MDOT may "issue pertnit.s for stated periods of tine for loctds andequipment emplol'ed on public vrqy construclion projects, United States Covernment prr.lects orconstruction of private v,61.ys, v,hen v,ithin construction arees established by lhe Department ofTr an sport ation. Th e perm it :

A. Must be procured from the municipal oficers Jbr a constnrclion area within lhat municipaliry,;

B. Moy require the contractor to be responsiblefor damage toyt,ovs used in the construction areasand may providefor:

(l) Lltithholding by 1fus agency contracting the v'ork offinal payment under contract; or

(2) Thefttrnislting of a hond fu'the contractor to guaranlee suitable repair or pal,ntent ofdamages.

The suitability of repairs or the amount of damage is to be determined bv the Departmentof Transportation on state-maintqined v,ays and bridges, otherw,ise by the municipalfficers,'

C. Mqy be granled by the Department of Transportalion or by the state engineer in charge of theconstruction contract; and

D. For constnrctiott areas, curries no.fee and does not coffie w'ithin the scope of this section. "

The Municipal Officers for the Towns of Levant, Glenburn and Hermon and City of Bangor agreed thatan Overlimit Permit will be issued to the Contractor for the purpose of using loads and equipment onmunicipal ways in excess of the limits as specified in29-A MRSA, on the municipal ways as described inthe "Construction Area".

As noted above, a bond may be required by the municipality, the exact amount of said bond to bedetermined prior to use of any municipal way. The MDOT will assist in determining the bond amount ifrequested by the municipality.

The maximum speed limits for trucks on any town way will be 25 mph (40 m per hour) unless a higherlegal limit is specifically agreed upon in writing by the Municipal Officers concerned.

18-128MARCH 12, 2018

GENERAL GUIDANCECONSTRUCTIO N OVERLIMIT PERMIT AND BONDING

The Maine Bureau of Motor Vehicles (BMV) establishes requirements and standards forthe permitting of non-divisible over dimensional and overweight vehicles and loads(collectively overlimit loads) on state roads. These state motor vehicle permits areavailable on-line. 29-A MRSA and Secretary of State Administrative Rules Chapters155-157 apply. Additionally, municipalities and county commissioners may issueoverweight permits for travel on municipal and county ways maintained by thatmunicipality or county. These permits are typically single trip permits requiring vehicleregistration data, intended route etc.

However, in this case we're dealing with Construction Permits involvingoverlimit loads in support of construction projects. According to 29-A MRSA S 2382(7), a Construction Permit is a permit 'for a stated period of time that may be issued forloads and equipment employed on public u,ay construction projects, United StatesGovernment projects or conslruction of private u,ays, v,hen u,ithin construction areasestablished by the Department of Transportcttion". According to 29-A $ 2332 MRSA,the construction overlimit permit must be procured from the municipal officers foroverweight loads on a municipal way in support of a construction project within thatmunicipality.

Bv sisnins the agreement. the municinal agrees to issueconstruction rrermits to the MDOT ction contractor.

Frequently Asked Questions:

A. Whv sisn the in advance ofthe actual contract?

Response: There are three primary reasons: First, to comply with 29-A 5 2382.Second, to ensure that there are no surprises regarding the use of municipal roads by theMaine DOT contractor (to reasonably reduce risk and thus keep the cost of constructiondown) and third, to ensure the town is aware of its rights to control its own roads, and itsrights to require a separate contractor's bond. (This is in addition to the Payment Bondand the Performance Bond the Maine DOT requires of the contractor).

sma fe How is ahandled?

Response: Despite the general construction overweight permit, the contractorcannot exceed the load limit on a posted municipal road without specific municipalpermission. 29-A $ 2395 MRSA notes that any ways requiring special protection (suchas posted roads) will continue to be protected and overweight permits are superseded bysuch postings. In such a case the contractor would have to use an alternate route.

Page I of3

18-128MARCH 12, 2018

C. Is there any reason why the contractor cannot be held to indemnify and holdharmless the Municioalitv the simple postins of a bond?

Response: The objective of our standard letter is to deal with overweightequipment and trucks on municipal ways during construction of an Maine DOTconstruction project. The bond merely provides a measure of protection against damageto municipal ways as a direct result of construction activity. Other areas of risk andindemnification are beyond the scope of our letter.

D. Are we required to obtain a bond?

Response: No. In fact, few municipalities have required a construction bond. Itis a matter of risk management.

E. If used. what amouru! sbquld be required on the bond?

Resoonse: Previous MDOT letters used to speak about a maximum bond amountof $14,000 / mile ($9,000 / kilometer ) of traveled length, however 29-A $ 2382 sets nomaximum. The amount of the bond (if any bond is required at all) is based on theindividual situation. The MDOT will assist in providing a bond amount estimate if so

requested.

F. Why the blanket approval?

Response: The blanket approval we seek is the reasonable accommodation by themunicipality to allow the Maine DOT contractor to use town ways (if required ) to hauloverweight construction equipment and trucks. This theoretically gives the municipalityand the MDOT time to discuss exceptions to a blanket approval. In general, this avoidsunnecessary risks and saves money for all concerned in the long run.

G. Who determines the suitability of repairs?

Response: For municipal ways, the suitability of repairs may be determined bymunicipal officers. The MDOT will assist.

H. What is a non-divisible load?

Response: Per Chapter 157 (The Administration of Over-Dimension and

Overweight Permits) under the Secretary of State administrative rules (See RuleChapters for the Department of the Secretary of State on line), a non-divisibleload is defined as: A load which, if separated into smaller loads or vehicles,would:

l) make it unable to perform the function for which it was intended;2) destroy its value or;3) require more than eight work hours to dismantle using appropriateequipment. Sealed oceangoing containers. spent nuclear materials incasks, and government-controlled military vehicles and their loads will be

considered non-divisible

Page 2 of 3

18-128MARCH 12, 2018

I. What is the standard for trucks and equipment?

Response: Overweight means a weight that exceeds the legal limits established in29-A MRS A Chapter 21.

or munlclshould I respond?

Response: Because of limited staff, we send out a standard letter to covercontingencies and minimize risk to the construction process. From time to timethe letter may not have a practical application. In most cases of unorganizedterritories, the agreement is signed and returned as a matter of routine. Thisensures that surprises will not be encountered after the start of constructionregarding travel over municipal and county ways.

Additional tips:

False Information - Permit are invalidated by false information. A permit is invalidatedby the violation of any condilion specified by the terms of the permit or by falseinformation given on the application. On evidence of such violation of falsification, thepermittee may be denied additional permits.

Proper Reqistration - Overload permits do not relieve the registrants of vehicles fromtheir obligations to properly register their vehicles in accordance with Motor VehicleLaws.

Agent's Power of Attorney - If you do require a contractor's bond, make sure you have acopy of the Surety Agent's power of attorney authorizing the surety agent to sign for thesurety. Keep the power of attorney with your duplicate original bond at the municipality.The contractor will also have a duplicate original.

Other bonds - The Maine DOT requires a payment bond and a performance bond of thecontractor which is held against unsatisfactory performance on the part of the contractorfor all construction projects over $100.000. (The Miller Act (40 U.S.C. 27Oa-270f)normally requires performance and payment bonds for any federal aid constructioncontract exceeding $100,000. 14 MRSA $ 871 provides a similar requirement for statefunded construction projects.) These bonds cover the proper performance of the contractand the payment of all employees, suppliers and subcontractors.

Page 3 of3

18-128MARCH 12, 2018

December 10,2004Supercedes February 7, 1996

SPECIAL VISION 105OVERL PERMITS

Title 29-A S MRSA Overlimit M ent Permits.

1. Overlimit movement permits issued by State. The Secretary of State, acting underguidelines and advice of the Commissioner of Transportation, may grant permits to movenondivisible objects having a length, width, height or weight greater than specified in thisTitle over a way or bridge maintained by the Department of Transportation

2. Permit fee. The Secretary of State, with the advice of the Commissioner ofTransportation, may set the fee for single trip permits. at not less than $6, nor more than$30, based on weight, height, length and width. The Secretary of State may, by rule,implement fees that have been set by the Commissioner of Transporlation for multipletrip, long-tern overweight movement permits. Rules established pursuant to this sectionare routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

3. County and municipal permits. A county commissioner or municipal officer maygrant a permit, for a reasonable fee, for travel over a way or bridge maintained by thatcounty or municipality

4. Permits for weight. A vehicle granted a permit for excess weight must first beregistered for the maximum gross vehicle weight allowed for that vehicle.

5. Special mobile equipment. The Secretary of State may grant a permit, for no morethan one year, to move pneumatic-tire equipment under its own power. including Class Aand Class B special mobile equipment, over ways and bridges maintained by theDepartment of Transportation. The fee for that permit is $15 for each 30-day period.

6. Scope of permit. A permit is limited to the particular vehicle or object to be moved,the trailer or semitrailer hauling the overlimit object and particular ways and bridges.

7. Construction permits. A permit for a stated period of time may be issued for loadsand equipment employed on public way construction projects, United States Governmentprojects or construction of private ways, when within construction areas established bythe Department of Transportation. The permit:

A. Must be procured from the municipal officers for a construction area withinthat municipality;

B. May require the contractor to be responsible for damage to ways used in theconstruction areas and may provide for:

(l) withholding by the agency contracting the work of finar paymentunder contract; or

Page 1 of3

18-128MARCH 12, 2018


(2) The furnishing of a bond by the contractor to guarantee suitable repairor payment of damages.

The suitability of repairs or the amount of damage is to be determined bythe Department of Transportation on state-maintained ways and bridges,otherwise by the municipal officers;

C. May be granted by the Department of Transportation or by the state engineer incharge ofthe construction contract; and

D. For construction areas, carries no fee and does not come within the scope ofthis section.

8. Gross vehicle weight permits. The following may grant permits to operate a vehiclehaving a gross vehicle weight exceeding the prescribed limit:

A. The Secretary of State, with the consent of the Department of Transportation,for state and state aid highways and bridges within city or compact village limits;

B. Municipal officers, for all other ways and bridges within that city and compactvillage limits; and

C. The county commissioners, for county roads and bridges located inunor ganized territory.

9. Pilot vehicles. The following restrictions apply to pilot vehicles.

A. Pilot vehicles required by a permit must be equipped with warning lights andsigns as required by the Secretary of State with the advice of the Department ofTransportation.

B. Warning lights may be operated and lettering on the signs may be visible on apilot vehicle only while it is escorting a vehicle with a permit on a public way.

With the advice of the Commissioner of Transportation and the Chief of the State Police,the Secretary of State shall establish rules for the operation of pilot vehicles.

9-A. Police escort. A person may not operate a single vehicle or a combination ofvehicles of 125 feet or more in length or 16 feet or more in width on a public way unlessthe vehicle or combination of vehicles is accompanied by a police escort. The Secretaryof State, with the advice of the Commissioner of Transportation. may require a policeescort for vehicles of lesser dimensions.

Page 2 of 3

18-128MARCH 12, 2018


A. The Bureau of State Police shall establish a fee for state police escorts todefray the costs of providing a police escort. A county sheriff or municipal policedepaftment may establish a fee to defray the costs of providing police escorts.

B. The Bureau of State Police shall provide a police escort if a request is made bya permittee. A county sheriff or municipal police department may refuse a

permittee's request for a police escort.

C. A vehicle or combination of vehicles for which a police escoft is required mustbe accompanied by a state police escort when operating on the interstate highwaysystem.

10. Taxes paid. A permit for a mobile home may not be granted unless the applicantprovides reasonable assurance that all property taxes, sewage disposal charges and drainand sewer assessments applicable to the mobile home. including those for the current taxyear, have been paid or that the mobile home is exempt from those taxes. A municipalitymay waive the requirement that those taxes be paid before the issuance of a permit if themobile home is to be moved from one location in the municipality to another location inthe same municipality for purposes not related to the sale of the mobile home.

11. Violation. A person who moves an object over the public way in violation of thissection commits a traffic infraction.

Section History:PLt993, Ch.683,

PL 1993. Ch.683,

PLt997, Ch.r44,PL7999, Ch.117,

PL 1999, Ch.125,PLt999, Ch.5g0,

PL 2001, ch.67t,PL 2003, Ch. 166,

PL 2003, Ch.452,

PL2003, Ch.452,

$A2 (I.JEW).

$Bs (AFF).

$ 1,2 (AMD).

s2 (AMD).

s1(AMD).$13 (AMD).

$30 (AMD).

$13 (AMD).

$Q73,74 (AMD)

$x2 (AFF).

Page 3 of3

18-128MARCH 12, 2018

03/12/2018 18-129

03/12/2018

18-129

Engineering

Title, Order

Order N/A

Authorizing the City Manager to Execute an Agreement with Maine Department of Transportation for Overweight Construction Vehicles - Interstate 95 Northbound, Project WIN # 20855.00

The attached Order is a routine action that would allow overweight construction vehicles on City streets in conjunction with MaineDOT's Interstate 95 "Ultra Thin Bonded Wearing Course". The project will begin at Hogan Road in Bangor and extend northerly 14.02 miles, ending in Alton/Argyle town line. The contractor will be required to repair any resultant damage to City streets.

Infrastructure Committee 02/20/2018Recommend for passage 5 0

Copy of Agreement Attached.

Consent


03/12/2018

18-129

Perry

Authorizing the City Manager to Execute an Agreement with Maine Department of Transportation for Overweight Construction Vehicles - Interstate 95 Northbound, Project WIN # 20855.00

Be it Ordered by the City Council of the City of Bangor that, the City Manager is hereby authorized and directed to execute an agreement with Maine Department of Transportation for transport of construction equipment that exceeds legal weight limits over municipal roads in conjunction with MaineDOT's Interstate 95, northbound "Ultra Thin Bonded Wearing Course" beginning at Hogan Road, extending northerly 14.02 miles to Alton/Argyle town line.

Paul R. LePage

GOVERNOR

Catherine Conlow, City Manager City of Bangor 73 Harlow Street Bangor, ME 04401

Dear Ms. Conlow:

STATE OF MAINE

DEPARTMENT OF TRANSPORTATION

16 STATE HOUSE STATION

AUGUSTA, MAINE 04333-0016

David Bernhardt

COMMISSIONER

2/6/18

Subject: Ultra Thin Bonded Wearing Course Project No.: NHPP-2085(500) Cities of Bangor and Old Town and Towns of Alton and Orono

The Maine Department of Transportation will soon advertise the subject project for construction, and pursuant to 29-A MRSA § 2382 (7) we have established a "Construction Area". A copy of 29-A § 2382 is enclosed for your information. Also included is an agreement, which requires signature by the municipal officers, and additional background documents.

The agreement stipulates that the municipality will issue a permit for a stated period of time to the MDOT contractor for transporting construction equipment (backhoes, bulldozers, etc.) that exceed legal weight limits, over municipal roads. The agreement acknowledges the municipality's right to require a bond from the contractor to "guarantee suitable repair or payment of damages" per 29-A MRSA.

29-A MRSA § 2382 (7) states that "the suitability of repairs or the amount of damage is to bedetermined by the Department of Transportation on state-maintained ways and bridges, otherwise by the municipal officers". In other words, municipal officers determine the suitability of repairs on municipal ways and bridges.

The State cannot force municipalities to allow overweight vehicles to travel on posted municipal roads. Municipal postings supersede overweight permits. However, the agreement requires municipalities to make reasonable accommodations for overweight vehicles that are operated by contractors and the MDOT in connection with the construction project.

The specific municipal roads involved are not necessarily known at present, as the contractor's plan of operation won't be known until just prior to the start of work. If the municipality plans to require a bond; the amount of the bond should be determined prior to the start of work. If the project number administratively changes, you will be notified, and the agreement modified accordingly. Please return the completed agreement to my attention. Should you have any questions, please contact me at 624-3410.

Sincerely,

George acdougall, Contracts & Specifications Engineer Bureau of Project Development

PRIN"I �DON Rl�CYCl ED PAJ'l·R

THE MAINE DEPARTMENT OF TRANSPORTATION IS AN AFFIRMATIVE ACTION . EQUAL OPPORTUNITY EMPLOYER PHONE: (207) 624-3000 TTY USERS CALL MAINE RELAY 711 FAX: (207) 624-3001

18-129MARCH 12, 2018

Return this AGREEMENT, when completed, to:

Maine Department of Transportation ATTN.: Mr. George Macdougall, Contracts & Specifications Engineer #16 State House Station, Child Street Augusta, Maine 04333-0016

Project No.: 20855.00 Location: Cities of Bangor & Old Town and Towns of Alton and Orono

Pursuant to 29-A MRSA § 2382, the undersigned municipal officers of the City of Bangor agree that a construction overlimit permit will be issued to the Contractor for the above-referenced project allowing the contractor to use overweight equipment and loads on municipal ways.

The municipality may require the contractor to obtain a satisfactory bond pursuant to 29-A MRSA § 2388 to cover the cost of any damage that might occur as a result of the overweight loads. If a bond is required, the exact amount of said bond should be determined prior to the use of any municipal way. The Maine DOT will assist in determining the amount of the bond if requested. A suggested format for a general construction overlimit bond is attached. A suggested format for a construction overlimit permit is also attached. This construction overlimit permit does not supersede rules that restrict the use of public ways, such as posting of public ways, pursuant to 29-A MRSA § 2395.

The maximum speed limit for trucks on any municipal way will be 25 mph ( 40 km per hour) unless a higher speed limit is specifically agreed upon, in writing, by the Municipal Officers.

CITY OF BANGOR By the Municipal Officials

18-129MARCH 12, 2018

Project WIN: 20855.00 SPECIAL PROVISION 105 CONSTRUCTION AREA

A Construction Area located in the Cities of Bangor and Old Town and Towns of Alton and Orono has been established by the Maine Department of Transportation (MDOT) in accordance with provisions of29-A § 2382 Maine Revised Statutes Annotated (MRSA).

(a) The section of highway under construction in Penobscot County, WIN 20855.00 is on Interstate 95 Northbound beginning at Hogan Road in Bangor and extending northerly 14.02 miles, ending at the Alton/Argyle town line.

Per 29-A § 2382 (7) MRSA, the MDOT may "issue permits for stated periods of time for loads and equipment employed on public way construction projects, United States Government projects or construction of private ways, when within construction areas established by the Department of Transportation. The permit:

A. Must be procured from the municipal officers for a construction area within that municipality;

B. May require the contractor to be responsible for damage to ways used in the construction areas and may provide for:

(I) Withholding by the agency contracting the work of final payment under contract; or

(2) The furnishing of a bond by the contractor to guarantee suitable repair or payment of damages.

The suitability of repairs or the amount of damage is to be determined by the Department of Transportation on state-maintained ways and bridges, otherwise by the municipal officers;

C. May be granted by the Department of Transportation or by the state engineer in charge of the construction contract; and

D. For construction areas, carries no fee and does not come within the scope of this section. "

The Municipal Officers for the Cities of Bangor and Old Town and Towns of Alton and Orono agreed that an Overlimit Permit will be issued to the Contractor for the purpose of using loads and equipment on municipal ways in excess of the limits as specified in 29-A MRSA, on the municipal ways as described in the "Construction Area" .

As noted above, a bond may be required by the municipality, the exact amount of said bond to be determined prior to use of any municipal way. The MDOT will assist in determining the bond amount if requested by the municipality.

The maximum speed limits for trucks on any town way will be 25 mph (40 m per hour) unless a higher legal limit is specifically agreed upon in writing by the Municipal Officers concerned.

18-129MARCH 12, 2018

GENERAL GUIDANCE CONSTRUCTION OVERLIMIT PERMIT AND BONDING

The Maine Bureau of Motor Vehicles (BMV) establishes requirements and standards for the permitting of non-divisible over dimensional and overweight vehicles and loads (collectively overlimit loads) on state roads. These state motor vehicle permits are available on-line. 29-A MRSA and Secretary of State Administrative Rules Chapters 155-157 apply. Additionally, municipalities and county commissioners may issue overweight permits for travel on municipal and county ways maintained by that municipality or county. These permits are typically single trip permits requiring vehicle registration data, intended route etc.

However, in this case we're dealing with Construction Permits involving overlimit loads in support of construction projects. According to 29-A MRSA § 2382 (7), a Construction Permit is a permit ''for a stated period of time that may be issued for loads and equipment employed on public way construction projects, United States Government projects or construction of private ways, when within construction areas established by the Department of Transportation ". According to 29-A § 2382 MRSA, the construction overlimit permit must be procured from the municipal officers for overweight loads on a municipal way in support of a construction project within that municipality.

By signing the attached agreement, the municipality agrees to issue construction overlimit permits to the MDOT construction contractor.

Frequently Asked Questions:

A. Why sign the document in advance of the actual construction contract?

Response: There are three primary reasons: First, to comply with 29-A § 2382. Second, to ensure that there are no surprises regarding the use of municipal roads by the Maine DOT contractor (to reasonably reduce risk and thus keep the cost of construction down) and third, to ensure the town is aware of its rights to control its own roads, and its rights to require a separate contractor's bond. (This is in addition to the Payment Bond and the Performance Bond the Maine DOT requires of the contractor).

B. Different roads may require different levels of scrutiny. How is a posted road handled?

Response: Despite the general construction overweight permit, the contractor cannot exceed the load limit on a posted municipal road without specific municipal permission. 29-A § 2395 MRSA notes that any ways requiring special protection (such as posted roads) will continue to be protected and overweight permits are superseded by such postings. In such a case the contractor would have to use an alternate route.

Page 1 of 3

18-129MARCH 12, 2018

C. Is there any reason why the contractor cannot be held to indemnify and hold harmless the Municipality beyond the simple posting of a bond?

Response: The objective of our standard letter is to deal with overweight equipment and trucks on municipal ways during construction of an Maine DOT construction project. The bond merely provides a measure of protection against damage to municipal ways as a direct result of construction activity. Other areas of risk and indemnification are beyond the scope of our letter.

D. Are we required to obtain a bond?

Response: No. In fact, few municipalities have required a construction bond. It is a matter of risk management.

E. If used, what amount should be required on the bond?

Response: Previous MDOT letters used to speak about a maximum bond amount of $14,000 I mile ($9,000 I kilometer ) of traveled length, however 29-A § 2382 sets no maximum. The amount of the bond (if any bond is required at all) is based on the individual situation. The MDOT will assist in providing a bond amount estimate if so requested.

F. Why the blanket approval?

Response: The blanket approval we seek is the reasonable accommodation by the municipality to allow the Maine DOT contractor to use town ways (if required) to haul overweight construction equipment and trucks. This theoretically gives the municipality and the MDOT time to discuss exceptions to a blanket approval. In general, this avoids unnecessary risks and saves money for all concerned in the long run.

G. Who determines the suitability of repairs?

Response: For municipal ways, the suitability of repairs may be determined by municipal officers. The MDOT will assist.

H. What is a non-divisible load?

Response: Per Chapter 157 (The Administration of Over-Dimension and Overweight Permits) under the Secretary of State administrative rules (See Rule Chapters for the Department of the Secretary of State on line), a non-divisible load is defined as: A load which, if separated into smaller loads or vehicles, would:

1) make it unable to perform the function for which it was intended; 2) destroy its value or; 3) require more than eight work hours to dismantle using appropriate equipment. Sealed oceangoing containers, spent nuclear materials in casks, and government-controlled military vehicles and their loads will be considered non-divisible

Page 2 of 3

18-129MARCH 12, 2018

I. What is the standard for Overweight trucks and equipment?

Response: Overweight means a weight that exceeds the legal limits established in 29-A MRSA Chapter 21.

J. This is an unorganized township with no county or municipal roads. Why should I respond?

Response: Because of limited staff, we send out a standard letter to cover contingencies and minimize risk to the construction process. From time to time the letter may not have a practical application. In most cases of unorganized territories, the agreement is signed and returned as a matter of routine. This ensures that surprises will not be encountered after the start of construction regarding travel over municipal and county ways.

Additional tips:

False Information - Permit are invalidated by false information. A permit is invalidated by the violation of any condition specified by the terms of the permit or by false information given on the application. On evidence of such violation of falsification, the permittee may be denied additional permits.

Proper Registration - Overload permits do not relieve the registrants of vehicles from their obligations to properly register their vehicles in accordance with Motor Vehicle Laws.

Agent's Power of Attorney - If you do require a contractor's bond, make sure you have a copy of the Surety Agent's power of attorney authorizing the surety agent to sign for the surety. Keep the power of attorney with your duplicate original bond at the municipality. The contractor will also have a duplicate original.

Other bonds - The Maine DOT requires a payment bond and a performance bond of the contractor which is held against unsatisfactory performance on the part of the contractor for all construction projects over $100,000. (The Miller Act (40 U.S.C. 270a-270f) normally requires performance and payment bonds for any federal aid construction contract exceeding $100,000. 14 MRSA § 871 provides a similar requirement for state funded construction projects.) These bonds cover the proper performance of the contract and the payment of all employees, suppliers and subcontractors.

Page 3 of 3

18-129MARCH 12, 2018

SPECIAL PROVISION 105 OVERLIMIT PERMITS

Title 29-A § 2382 MRSA Overlimit Movement Permits.

December 10, 2004 Supercedes February 7, 1996

1. Overlimit movement permits issued by State. The Secretary of State, acting under guidelines and advice of the Commissioner of Transportation, may grant permits to move nondivisible objects having a length, width, height or weight greater than specified in this Title over a way or bridge maintained by the Department of Transportation

2. Permit fee. The Secretary of State, with the advice of the Commissioner of Transportation, may set the fee for single trip permits, at not less than $6, nor more than $30, based on weight, height, length and width. The Secretary of State may, by rule, implement fees that have been set by the Commissioner of Transportation for multiple trip, long-term overweight movement permits. Rules established pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

3. County and municipal permits. A county commissioner or municipal officer may grant a permit, for a reasonable fee, for travel over a way or bridge maintained by that county or municipality

4. Permits for weight. A vehicle granted a permit for excess weight must first be registered for the maximum gross vehicle weight allowed for that vehicle.

5. Special mobile equipment. The Secretary of State may grant a permit, for no more than one year, to move pneumatic-tire equipment under its own power, including Class A and Class B special mobile equipment, over ways and bridges maintained by the Department of Transportation. The fee for that permit is $15 for each 30-day period.

6. Scope of permit. A permit is limited to the particular vehicle or object to be moved, the trailer or semitrailer hauling the overlimit object and particular ways and bridges.

7. Construction permits. A permit for a stated period of time may be issued for loads and equipment employed on public way construction projects, United States Government projects or construction of private ways, when within construction areas established by the Department of Transportation. The permit:

A. Must be procured from the municipal officers for a construction area within that municipality;

B. May require the contractor to be responsible for damage to ways used in the construction areas and may provide for:

(1) Withholding by the agency contracting the work of final payment under contract; or

Page 1 of 3

18-129MARCH 12, 2018


(2) The furnishing of a bond by the contractor to guarantee suitable repair or payment of damages.

The suitability of repairs or the amount of damage is to be determined by the Department of Transportation on state-maintained ways and bridges, otherwise by the municipal officers;

C. May be granted by the Department of Transportation or by the state engineer in charge of the construction contract; and

D. For construction areas, carries no fee and does not come within the scope of this section.

8. Gross vehicle weight permits. The following may grant permits to operate a vehicle having a gross vehicle weight exceeding the prescribed limit:

A. The Secretary of State, with the consent of the Department of Transportation, for state and state aid highways and bridges within city or compact village limits;

B. Municipal officers, for all other ways and bridges within that city and compact village limits; and

C. The county commissioners, for county roads and bridges located m unorganized territory.

9. Pilot vehicles. The following restrictions apply to pilot vehicles.

A. Pilot vehicles required by a permit must be equipped with warning lights and signs as required by the Secretary of State with the advice of the Department of Transportation.

B. W aming lights may be operated and lettering on the signs may be visible on a pilot vehicle only while it is escorting a vehicle with a permit on a public way.

With the advice of the Commissioner of Transportation and the Chief of the State Police, the Secretary of State shall establish rules for the operation of pilot vehicles.

9-A. Police escort. A person may not operate a single vehicle or a combination of vehicles of 125 feet or more in length or 16 feet or more in width on a public way unless the vehicle or combination of vehicles is accompanied by a police escort. The Secretary of State, with the advice of the Commissioner of Transportation, may require a police escort for vehicles of lesser dimensions.

Page 2 of 3

18-129MARCH 12, 2018


A. The Bureau of State Police shall establish a fee for state police escorts to defray the costs of providing a police escort. A county sheriff or municipal police department may establish a fee to defray the costs of providing police escorts.

B. The Bureau of State Police shall provide a police escort if a request is made by a permittee. A county sheriff or municipal police department may refuse a permittee's request for a police escort.

C. A vehicle or combination of vehicles for which a police escort is required must be accompanied by a state police escort when operating on the interstate highway system.

10. Taxes paid. A permit for a mobile home may not be granted unless the applicant provides reasonable assurance that all property taxes, sewage disposal charges and drain and sewer assessments applicable to the mobile home, including those for the current tax year, have been paid or that the mobile home is exempt from those taxes. A municipality may waive the requirement that those taxes be paid before the issuance of a permit if the mobile home is to be moved from one location in the municipality to another location in the same municipality for purposes not related to the sale of the mobile home.

11. Violation. A person who moves an object over the public way in violation of this section commits a traffic infraction.

Section History: PL 1993, Ch. 683, §A2 (NEW).

PL 1993, Ch. 683, §BS (AFF). PL 1997, Ch. 144, §1,2 (AMD).

PL 1999, Ch. 117, §2 (AMD). PL 1999, Ch. 125, §1 (AMD).

PL 1999, Ch. 580, §13 (AMD).

PL 2001, Ch. 671 , §30 (AMD).

PL 2003, Ch. 166, § 13 (AMD).

PL 2003, Ch. 452, §Q73,74 (AMD).

PL 2003, Ch. 452, §X2 (AFF).

Page 3 of 3

18-129MARCH 12, 2018

MUNICIPAL OVERLIMIT PERMIT FOR CONSTRUCTION

MUNICIPALITY: _______________ _

Phone: 207-_______ ; fax: 207- _______ _

APPLICATION FOR OVERLIMIT PERMlT TO MOVE CONSTRUCTION EQUIPMENT AND LOADS IN EXCESS OF LEGAL LIMITS ON MUNICIPAL WAYS

Construction Time Period:

Project Description:

Project Identification Number (PIN):

CITY:

ZIP I POST AL CODE:

PHONE:

Signed by:

(name & title)

Signed:

Municipal Official

18-129MARCH 12, 2018

Date:

MUNICIPAL CONSTRUCTION BOND

KNOW ALL MEN BY THESE PRESENTS: That (name of construction firm) and the Municipality of .&;:,.%"-.. , as

• • -u-~"' pnnc1pal,and ..................................................................... ~f: .......... .,. ..................... .. . .. :,~;. \ , a corporation duly organized under the laws of the State of .. ,At~l ;;;<:·····.:::::::;.:> ~nd ~aving a

1 1 f b . ,:::::~< {-}' •.; usua pace o us1ness ..................................................................... :::::·:·:-:c".;;: ••••••..•.•.•• :~, •••••••••• ,

as Surety, are held and firmly bound unto the 1} easurer of ~ft~ unictJ;,ffi'ity of ,•'.(, ... ,!$;., ·1'·

ift :::, the ... ::;sttni of --------------------,: .. -<::'t:» -; ·;;»{' aifclW0/100 Dolla\;:S ($~· ) ----.--. ----------. -.--.--.,-.-.. ,,,-':;~-:·:",•, ""1~;:... :}::!~

to be paid said Treasurer of the Mumc1pahty,4 :5·f;~:::~:~;:~.:-. ·t:::::::.. ,:;;~:- or her/his successors in office, for which pay:tiX,gt weff::~d tr~i§t Q::;..qtl made, Principal and Surety bind themselves, their heirs, ex~c~to;~ cl aa_ffiinistrator£\ uccessors and assigns, jointly and severally by these present§~.. -;;~\\ii< .

"\t=\\\~~ -~~@:::-.. ·~

The condition of this obligation is suc~ t!K!\ ~{}he Pi1t~ipal designated as Contractor in the Contract to construct .ii:Ol~.91 Numbe~ '=t:, ./ ,• in the Municipality of

.<"' ~~~ .... ··-<·~·~{;;·:-.__ .. ·:· . ~ 1.'!§--_...._.

. '::c(::.:1~~~t}nmp~tly .~nd faithfully performs the Contract, ------------"i-:.~.i. - ~ ~}:t.v~

without damage to the municipttt wayt ":l<ither than normal wear and tear; then this obligation shall be,b;{l-: IHld void; otlfupvi~~ it shall remain in full force and effect.

':~~S,;,, ~/ \\ -~>~~?!:::»;... /,::~ ·;--;;. ·v~·:<.,~·:··..;~ ,•

However, ,if the Princi pal . .st&si:~hitt~~fas Contractor causes damage to any municipal way beyon<;lt if6'fuaJ wear ah\(tear, in 1he construction of the above project through the use of legal £r. eight, leg. ~l_. di~~us. ign trucks or equipment; or overweight or over-dimension

\~ ~~~~<;§:~~. »-.~v equip&:~)l\~lifil~~~~~ s cfefined in 29-A MRSA) on the municipal ways, then this bond may be used to guaniijtee that the contractor either repairs or pays for the damage caused

·;,:., by the use of:~~};qiripment or trucks. The degree of damage beyond normal wear and tear will be determined by municipal officials with the assistance of the Maine Department of Transportation.

18-129MARCH 12, 2018

The Surety hereby waives notice of any alteration or extension of time made by the Municipality.

Signed and sealed this ........................ .......... day of ............................................ , 20 ..... .

WITNESS: SIGNATURES: CONTRACTOR:

Signature ................................................... . Print Name Legibly .................................. .

WITNESS: Signature ................................................... . Print Name Legibly .................................. .

18-129MARCH 12, 2018

03/12/2018 18-130

03/12/2018

18-130

Finance

Title, Order

Order

Authorizing the City Manager to Apply for a Maine Historic Preservation Commission Grant for Improvements to City Hall Entrances

This order would authorize the City manager to apply for a Maine Historic Preservation Grant for improvements to city hall. The grant awards range from $5,000 to about $24,995 and require a 40% local match. Staff identified a scope of work to qualify for consideration that would address near term City Hall maintenance issues. The application would be to reset both sets of granite entry stairs, replace/update the three front doors and repair and/or restore the half moon windows above the doors and the associated woodwork. In FY2018, $50,000 was appropriated to address the parking lot at City Hall. This work was undertaken but as park of the Park Street hill retaining wall project and therefore there are funds available for match.

Finance Committee 03/05/2018Recommend for passage 5 0

Consent


03/12/2018

18-130

Graham

Authorizing the City Manager to Apply for a Maine Historic Preservation Commission Grant for Improvements to City Hall Entrances

Be it Ordered by the City Council of the City of Bangor that, the City Manager is hereby authorized toe submit a grant application to the Maine Historic Preservation Commission to fund improvements to the entrances of City Hall.

03/12/2018 18-131

03/12/2018

18-131

Health & Community Services

Title, Order

Order N/A

Authorizing the City Manager to Execute a Memorandum of Understanding with the Bangor Area Recovery Network to receive $16,500.00 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program.

This Order will authorize the City Manager to execute a memorandum of understanding on behalf of the City of Bangor with the Bangor Area Recovery Network. BARN will receive $16,500.00 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program to serve people in the Bangor area living with substance use disorder. Staff from the Public Health & Community Services Department will provide technical assistance and monitoring. The term of the MEHAF Healthy Communities Phase Three grant ends December 31, 2018.

Government Operations Committee 03/05/2018Recommend for passage 5 0

Consent


03/12/2018

18-131

Authorizing the City Manager to Execute a Memorandum of Understanding with the Bangor Area Recovery Network to receive $16,500.00 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program.

Be it Ordered by the City Council of the City of Bangor that,

The City Manager is Authorized to Execute a Memorandum of Understanding with the Bangor Area Recovery Network to receive $16,500.00 from the Maine Health Access Foundation Healthy Communities Phase III Grant for implementation of a recovery coaching program.

Nichols

03/12/2018 18-132

03/12/2018

18-132

Water Quality Management

Title, Order

Order N/A

Authorizing Purchase of Submersible Biofilter Pumps from Sulzer/ABS in the Amount of $124,100

The WWTP is in the process of replacing the six (6) submersible pumps that move water from the primary treatment process through the secondary treatment process. These pumps are original to the Secondary Treatment upgrade in 1992, and are well beyond their life expectancy at 27 years and maintenance issues are becoming more frequent. The electronic control and alarm system parts are no longer available. Funding to replace two pumps was approved in the FY 2018 budget. Staff, in conjunction with AECOM, the general engineering contractor, solicited two quotes to begin the replacement process. One source, Flygt, is the same manufacturer of the original equipment; and the other, Sulzer/ABS, was referred to the City by AECOM as comparable for comparison purposes. Both providers offer high quality products and dominate the market for this type of product. Staff recommendation is to purchase two pumps and the associated electronics from Sulzer/ABS, who provided the lowest quote, in the amount of $124,100.

Finance Committee 03/05/2018Recommend for passage 5 0

Consent


03/12/2018

18-132

Nealley

Authorizing Purchase of Submersible Biofilter Pumps from Sulzer/ABS in the Amount of $124,100

Be it Ordered by the City Council of the City of Bangor that, the purchase of two submersible biofilter pumps from Sulzer/ABS in the amount of $124,100 is hereby authorized.

03/12/2018 18-133

03/12/2018

18-133

Airport

Title, Order

Order 001-001

Authorizing the City Manager to execute a lease renewal agreement with the Transportation Security Administration (TSA) for space at Bangor International Airport.

This Order will authorize the City Manager to enter into a 1 year lease renewal agreement with the Transportation Security Administration (TSA) for the period of 01/15/2019 to 01/14/2020. TSA provides passenger security screening at the airport and desires to exercise their renewal option for the office space that they currently occupy for their administrative and management personnel. The TSA has leased space from the airport since 2001. The general terms of the lease will remain unchanged. The airport will rent 3,185 square feet of office space and thirty (30) employee parking spaces to the TSA. The lease terms include an escalator for CPI related to the operating cost of the lease payment. This lease will be in final form as approved by City Legal. This item was approved by the Airport Committee at its meeting on March 5, 2018.

Airport Committee 03/05/2018Recommend for passage 4 0

Staff recommends approval.

Consent


03/12/2018

18-133

Supica

Authorizing the City Manager to execute a lease renewal agreement with the Transportation Security Administration (TSA) for space at Bangor International Airport.

Be it Ordered by the City Council of the City of Bangor that, WHEREAS, the Transportation Security Administration (TSA) currently leases space in the terminal at Bangor International Airport; and WHEREAS, TSA has expressed an interest in exercising their option to renew their lease for a 1 year term for the period of 1/15/2019 to 1/14/2020; and WHEREAS, the terms and conditions remain unchanged from the original agreement; and WHEREAS, TSA’s presence at Bangor International Airport is necessary and essential for the operation of domestic air service. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute the lease renewal between TSA and the City of Bangor, Airport Department (BGR).

03/12/2018 18-134

03/12/2018

18-134

Airport

Title, Order

Order N/A

Authorizing the City Manager to execute a short term lease agreement between the City of Bangor and Elite Airways for the rental of a portion of hangar #600 located at Bangor International Airport (BGR).

This Order will authorize a short term lease agreement between the City of Bangor and Elite Airways. Elite Airways requests a short term lease of Hangar #600 for aircraft maintenance purposes. If approved, Elite Airways will rent Hangar #600 for a term of 10 months at a monthly rate of $2,186.98. Additional terms and conditions as well as form of agreement will be subject to approval by the City Solicitor. This item was approved by the Airport Committee at its meeting on March 5, 2018.

Airport Committee 03/05/2018Recommend for passage 4 0

Airport staff recommends approval.

Consent


03/12/2018

18-134

Tremble

Authorizing the City Manager to execute a short term lease agreement between the City of Bangor and Elite Airways for the rental of a portion of hangar #600 located at Bangor International Airport (BGR).

Be it Ordered by the City Council of the City of Bangor that, WHEREAS, the City of Bangor, Maine is the owner of an airport located in Bangor, County of Penobscot, State of Maine, commonly known as Bangor International Airport; and WHEREAS, Elite Airways has an aircraft currently at BGR, and they desire to lease hangar space in order to perform maintenance; and WHEREAS, the City and Elite Airways wish to enter into a lease agreement outlining the terms and conditions for the rental of a portion of Hangar #600, located at Bangor International Airport; and WHEREAS, this leased space will be used exclusively for aircraft maintenance purposes. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, That Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute the short term lease agreement with Elite Airways for the rental of a portion of Hangar #600 at Bangor International Airport. Said lease agreement will run for 10 months, with the lease rate of $2,186.98 per month. The lease agreement shall be in final form as approved by the City Solicitor or Assistant City Solicitor.

03/12/2018 18-135

03/12/2018

18-135

Legal

Title, Resolve

Resolve N/A

Ratifying City Manager's Execution of Memorandum of Understanding - Maine Coalition to End Domestic Violence

The Maine Coalition to End Domestic Violence, the City of Bangor, Prosecutorial District 3, the Penobscot County Sheriffs Office, Partners for Peace, and Safe Voices have collaborated to apply for an FY2018 Improving Criminal Justice Responses Program grant. Because the grant application needed to be submitted prior to the Council meeting, the City Manager executed a Memorandum of Understanding between the parties. The City of Bangor's participation, should the grant be awarded, will be a contribution of resources within its current activities for addressing domestic violence. The City will continue it efforts already in place to fight domestic violence, including having the Police Department's domestic violence officer serve as a member of a regional high risk response team, collaborate with Partners for Peace, participate in meetings, and provide technical assistance.

Recommend for passage

Consent

CITY OF BANGOR RESOLVE 03/12/2018 18-135

03/12/2018

18-135

Davitt

Ratifying City Manager's Execution of Memorandum of Understanding - Maine Coalition to End Domestic Violence

WHEREAS, the Maine Coalition to End Domestic Violence, the City of Bangor, Prosecutorial District 3, the Penobscot County Sheriffs Office, Partners for Peace, and Safe Voices have collaborated to apply for an FY2018 Improving Criminal Justice Responses Program grant; and WHEREAS, because the grant application needed to be submitted prior to the Council meeting, the City Manager executed a Memorandum of Understanding between the parties; and WHEREAS, the City of Bangor's participation, should the grant be awarded, will be a contribution of resources within its current activities for addressing domestic violence. Be it Resolved by the City Council of the City of Bangor that, the City Manager's execution of a Memorandum of Understanding with the Maine Coalition to End Domestic Violence, Prosecutorial District 3, the Penobscot County Sheriffs Office, Partners for Peace, and Safe Voices is hereby ratified and affirmed.

REFERRALS TO COMMITTEES

& FIRST READING

18-137MARCH 12, 2018

UNFINISHEDBUSINESS

18-107 02/12/2018

CITY COUNCIL ACTION

Council Meeting Date: February 12, 2018

Item No: 18-107

Responsible Dept: Legal

Action Requested: Ordinance Map/Lot: N/A

Title, Ordinance

Amending Chapters 165, Land Development Code, and 177, Marijuana, of the Code of the City of Bangor, By Adding Provisions Regarding Retail Marijuana Stores

Summary

The Marijuana Legalization Act (MLA) passed in November 2016, setting the stage for legal recreational use of marijuana in Maine. The MLA gives municipalities wide latitude in regulating retail (as opposed to medical) marijuana.

This Ordinance amendment would define the zoning districts in which retail marijuana stores are able to locate. It would also put certain security and oversight requirements in place. This has been reviewed with Council at a number of workshops throughout the year.

Committee Action

Committee: Business and Economic Development Meeting Date: February 20, 2018

Action: Approval For: Against:

Staff Comments & Approvals

City Manager City Solicitor Finance Director

Introduced for: First Reading and Referral to the Business and Economic Development Committee meeting on February 20, 2018.

18-107 02/12/2018

CITY COUNCIL ORDINANCE

Date: February 12, 2018

Assigned to Councilor: Davitt

ORDINANCE, Amending Chapters 165, Land Development Code, and 177, Marijuana, of the Code of the City of Bangor, By Adding Provisions Regarding Retail Marijuana Stores

WHEREAS, the Marijuana Legalization Act, an initiative legalizing the recreational use of marijuana, was passed by Maine voters in November 2016;

WHEREAS, the initiative allows municipalities to regulate or prohibit the operation of retail marijuana establishments;

WHEREAS, many portions of the initiative are due to take effect in February of 2018;

WHEREAS, marijuana is a drug with significant potential effects on the health, safety, and welfare of the City and its citizens, both inherently and as a result of impaired driving;

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT

Chapter 165 of the Code of the City of Bangor be amended as follows:

§ 165-13. Definitions.

For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

. . .

RETAIL MARIJUANA ESTABLISHMENT A retail marijuana cultivation facility, retail marijuana products manufacturing facility, retail marijuana store, or retail marijuana testing facility.

. . .

§ 165-92. Urban Service District (USD).

. . .

C. Permitted uses. The following uses are permitted in this district.

18-107 02/12/2018

. . .

(15) Retail marijuana store, provided that:

(a) The building in which the facility is located must be at least 1,000 feet from the real propertycomprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.

(b) The building in which facility is located must be at least 300 feet from any church, chapel, parishhouse, other place of worship, day care, or residential zoning district boundary, measured by straight line from building to building or residential zoning boundary.

(c) The primary entrance of the building in which the facility is located must be at least 1000 feetfrom the primary entrance of all pre-existing applicants for marijuana stores who have obtained a state license and have filed a complete application for Certificate of Occupancy for a retail marijuana store with the City.

(d) No retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retailmarijuana testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq. may be accessory to a retail marijuana store.

(e) No drive-in windows are allowed. No curbside or other pick-up of marijuana by persons outsidethe store is allowed.

(f) Signage designed to appeal to persons under 21 years of age is prohibited.

. . .

§ 165-101. Shopping and Personal Service District (S&PS).

. . .

C. Permitted uses. The following uses are permitted in this district.

. . .

(15) Retail marijuana store, provided that:

(a) The building in which the facility is located must be at least 1,000 feet from the real propertycomprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.

(b) The building in which facility is located must be at least 300 feet from any church, chapel, parishhouse, other place of worship, day care, or residential zoning district boundary, measured by straight line from building to building or residential zoning boundary.

(c) The primary entrance of the building in which the facility is located must be at least 1000 feetfrom the primary entrance of all pre-existing applicants for marijuana stores who have obtained a state license and have filed a complete application for Certificate of Occupancy for a retail marijuana store with the City.

18-107 02/12/2018

(d) No retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retailmarijuana testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq. may be accessory to a retail marijuana store.

(e) No drive-in windows are allowed. No curbside or other pick-up of marijuana by persons outsidethe store is allowed.

(f) Signage designed to appeal to persons under 21 years of age is prohibited.

(16) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses andany use approved under Subsection D below.

. . .

BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT

Chapter 177 of the Code of the City of Bangor be amended as follows:

§ 177-7. Security and oversight requirements.

. . .

E. For all retail marijuana establishments, the odor of marijuana must not be perceptible at any adjoininguse of the property or on other parcels. While the City does not mandate any particular equipmentspecifications with regard to filtration, all retail marijuana establishments are strongly encouraged toadopt best management practices with regard to implementing state-of-the-art technologies in mitigatingmarijuana odor, such as air scrubbers and charcoal filtration systems.

. . .

(2) Retail marijuana product manufacturing facilities, retail marijuana stores, and retail marijuanatesting facilities are not required to install filtration equipment on the licensed premises, but mustsatisfy the aforementioned odor standard.

. . .

J. A retail marijuana store may not be open to the public between the hours of 8:00 p.m. and 7:00 a.m.

Additions are underlined, deletions struck through.

MEMORANDUM

DATE: March 7, 2018 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-93 – Limiting

ground floor residential units in the Downtown Development District. Council Ordinance #017-123

Please be advised that the Planning Board at its meeting on March 6 2018, held a Public Hearing on the above Zoning Amendment to revise the Land Development Code relative to residential units in first floor commercial spaces in the Downtown Development District.

Chair Boothby opened the Public Hearing and Planner Sean Gambrel provided

the Board with an overview of the proposed amendment. Planner Gambrel noted that an increase in downtown redevelopment has prompted some developers to replace first floor commercial space with residential space. The conversion of these spaces has a twofold impact, as it takes away street activity related to store front shops, and secondly the residentail units seek privacy and security for dwellings at the street level. The proposed text amendment would still allow residential first floor spaces on streets outside of the core of downtown, such as York or Franklin Streets. Further, if it could be demonstrated that such a limitation would be an economic hardship, the applicant could request a waiver from the Board of Appeals. All existing first floor units would be legal grandfathered units.

Member Durgin asked how many units likely are in existence now on the first

floor(s). Mr. Gambrel noted approximately a dozen. Chair Boothby asked for public comments on the proposed amendment. Greg Edwards spoke in favor of the proposed amendment. He noted his business

moved downtown for the lively interactive environment downtown provides. He also noted the City had spent a large sum of money to make West Market Square a vibrant pubic space, and that the gates installed on doorways for the first floor residential units there detracted from the community feeling considerably.

Ann Marie Orr indicated she was a business owner downtown and was not in

favor of adding more restrictions to development downtown. She was concerned that the next step might be to limit other uses deemed not interactive, such as office

2

spaces. She believed the building owners ought to decide what is best for their building and that the market would determine what was economically feasible or not.

Member Durgin made a motion to recommend that C.O. #18-123 be adopted by

the City Council. Member Guerette seconded the motion and the Board voted six in favor and one opposed to send a positive recommendation to the City Council.

02/26/2018 18-125

02/26/2018

18-125

Parks & Recreation

Title, Resolve

Resolve N/A

Accepting a Donation from Maine Trailer Sales and the Bangor Noon Rotary to Repair and Renovate the City's Wenger Trailer Stage and Appropriating up to $9,000 from the Parks and Recreation Reserve Fund

This resolve authorizes the City to accept a donation of materials and labor from the Bangor Noon Rotary and Maine Trailer Sales of Hampden to repair and renovate the City's Wenger Trailer Stage and appropriate up to $9,000 from the Parks and Recreation Reserve Fund. If approved, Maine Trailer Sales would provide materials and labor to perform the necessary mechanical repairs which has an estimated value of $8,900 plus other in-kind contributions. The Rotary would provide labor and materials for the needed aesthetic repairs and renovations. The City would provide up to $9,000 from the Parks and Recreation Reserve.

Government Operations Committee 02/21/2018Recommend for passage 5 0

First Reading

CITY OF BANGOR RESOLVE 02/26/2018 18-125

02/26/2018

18-125

Supica

Accepting a Donation from Maine Trailer Sales and the Bangor Noon Rotary to Repair and Renovate the City's Wenger Trailer Stage and Appropriating up to $9,000 from the Parks and Recreation Reserve Fund

WHEREAS, The City possesses a portable trailer stage that is used for a variety of community and City events and; and WHEREAS, The stage is in need of repair and renovation to ensure its continued use in a safe manner and; WHEREAS, Maine Trailer Sales and the Bangor Rotary have offered to assist the City to repair and renovate the stage. NOW THEREFORE, be it Resolved by the City Council of the City of Bangor that, the donations from Maine Trailer Sales and the Bangor Rotary are hereby accepted. Be it Further Resolved that up to $9,000 is hereby appropriated from the Parks & Recreation Reserve to fund a portion of the repairs.

NEW BUSINESS

03/12/2018 18-138

03/12/2018

18-138

Legal

Title, Order

Order 022-012-C

Directing the City Manager to Take Possession of Vacant Land Located on the Hayford Road Formerly Owned by Daniel M. Searway and Jennifer K. Searway and Authorizing Execution of a Municipal Quitclaim Deed, Map/Lot 022-012-C.

This Order directs the City Manager to take possession of vacant land located on the Hayford Road by virtue of matured tax liens. The property is identified as Map/Lot 022-012-C and was previously owned by Daniel M. Searway and Jennifer K. Searway. The City of Bangor has recorded multiple tax liens on the property for unpaid real estate taxes, which have matured. All attempts to receive payment from the Searways have been unsuccessful. The best use of the property would be to transfer it to the abutter Li Qun Yang. The agreed upon price of $2,181.78, the amount of the outstanding real estate taxes, has been paid in full and there are no outstanding sewer or stormwater fees and no property issues. A municipal quitclaim deed is required to convey the City's interest in the property. This was reviewed and recommended for approval by the Finance Committee on March 5, 2018.


New Business


03/12/2018

18-138

Nichols

Directing the City Manager to Take Possession of Vacant Land Located on the Hayford Road Formerly Owned by Daniel M. Searway and Jennifer K. Searway and Authorizing Execution of a Municipal Quitclaim Deed, Map/Lot 022-012-C.

WHEREAS, the City of Bangor has a recorded tax lien on the vacant land located on the Hayford Road, identified as Map/Lot 022-012-C, for unpaid real estate taxes; and

WHEREAS, the liens have matured, and;

WHEREAS, all attempts to receive payment from the taxpayers have been unsuccessful, and;

WHERAS, the best use of the property is to sell the property to abutter Li Qun Yang for $2,181.78.


Catherine M. Conlow, City Manager, is hereby directed on behalf of the City of Bangor to take possession of the vacant land on the Hayford Road described as Map 022, Lot 012-C, formerly owned by Daniel M. Searway and Jennifer K. Searway.

Be it further Ordered by the City Council of the City of Bangor, that,

Deborah A. Cyr, Finance Director, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed releasing any interest the City may have by virtue of undischarged real estate tax liens recorded in the Penobscot County Registry of Deeds in Book 12508, Page 182, Book 12852 Page 188, Book 13223 Page 229, Book 13562 Page 224, Book 13908 Page 94, Book 14187 Page 241 and Book 14545, Page 275 for the sum of $2,181.78. Said deed shall be directed to Li Qun Yang in final form approved by the City Solicitor or Assistant City Solicitor.

03/12/2018 18-139

03/12/2018

18-139

Legal

Title, Order

Order 048-062

Directing the City Manager to Take Possession of the Property Located at 118 Grove Street Formerly Owned by Andrew J. Murphy, Map/Lot 048-062.

This Order directs the City Manager to take possession of the property located at 118 Grove Street by virtue of matured tax liens. The property is identified as Map/Lot 048-062 and was previously owned by Andrew J. Murphy. The City of Bangor has recorded multiple tax and utility liens on the property for unpaid real estate taxes, sewer charges and stormwater charges, which have matured. All attempts to receive payment have been unsuccessful. If approved, this Order will also authorize the removal and disposal of any abandoned personal property on the property. This was reviewed and recomended for approval by the Finance Committee on March 5, 2018.

Finance Committee 03/05/2018Recommend for passage

New Business


03/12/2018

18-139

Perry

Directing the City Manager to Take Possession of the Property Located at 118 Grove Street Formerly Owned by Andrew J. Murphy, Map/Lot 048-062.

WHEREAS, the City of Bangor has recorded tax and utility liens on the property located at 118 Grove Street, identified as Map/Lot 048-062, for unpaid real estate taxes, sewer charges and stormwater charges; and WHEREAS, the liens have matured, and; WHEREAS, all attempts to receive payment have been unsuccessful. Be it Ordered by the City Council of the City of Bangor that, Catherine M. Conlow, City Manager, is hereby directed on behalf of the City of Bangor to take possession of the property located at 118 Grove Street formerly owned by Andrew J. Murphy and dispose of any abandoned personal property located thereon in accordance with State Law.

03/12/2018 18-140

03/12/2018

18-140

Legal

Title, Order

Order 040-116

Rescinding Council Order 18-127, Regarding the Demolition of the Structure at 11-15 Garland Street

This Order would rescind Council Order 18-127, which authorized the demolition of the structure at 11-15 Garland Street. On February 26, 2018, the City Council passed Council Order 18-127, authorizing staff to demolish the structure at 11-15 Garland Street and lien the property for the costs incurred. A developer has now entered into a purchase and sale agreement for the property and intends to rehabilitate it. Therefore, it is appropriate that Council Order 18-127 be rescinded in order to give the developer an opportunity to follow through with rehabilitation of the property.


New Business


03/12/2018

18-140

Weston

Rescinding Council Order 18-127, Regarding the Demolition of the Structure at 11-15 Garland Street

WHEREAS, on February 26, 2018, the City Council passed Council Order 18-127, authorizing staff to demolish the structure at 11-15 Garland Street and lien the property for the costs incurred; and

WHEREAS, a developer has now entered into a purchase and sale agreement for the property and intends to rehabilitate it;


Council Order 18-127, authorizing the City Manager to demolish the structure at 11-15 Garland Street and lien the property for costs incurred, is hereby rescinded.

Documents

CITY COUNCIL AGENDA - Bangor, Maine...18-132 ORDER Authorizing Purchase of Submersible Biofilter Pumps from Sulzer/ABS in the Amount of $124,100 ... replacement process. One source,