Boathouse  Forms

MANAGER’S  REPORT
For Council Meeting
Tuesday, May 6, 2008 

TO:  Honorable Mayor Walter Ash and Honorable Members of Belfast City Council
FROM:
  Joseph J. Slocum, City Manager
DATE
:   Friday, May 2, 2008

Non- Agenda Matters

1) We are attempting to work with the Belfast, Swanville, Northport Little League over their safety concerns related to the proximity of the Belfast Dog Park to the City owned ball field and facilities that they use. The Friends of the Parks have raised over $30,000 for the construction of this facility and they are prepared to proceed with construction immediately. They have made many concessions to the Little League organization but nothing to date has satisfied the League’s strong feeling that dogs should not be able to use the walkways and areas around the fields. We are looking into many options but it may well be that we can not meet all of the Little League’s expectations. There is not an easy solution to this concern. 

In reviewing this issue I went back and learned that the City formerly owned a license to use this property and then sub-let that license to both the YMCA and the Little League. It cost the City nothing. Now that the City owns the property it cost almost $20,000 to maintain the fields etc. 

We need new agreements with both the YMCA as well as the Little League because now that the City actually owns the property- the use and activity that occurs there must be approved by the Council. The most significant change to the agreements is that these groups will now be selling either concessions or advertising on City property. We should also think about use of utilities. In the short term we are working with these groups to update the agreements. We already have insurance certificates naming the City as an additional insured and they are being reviewed to make sure they cover us against exposure.  I will keep you posted. 

2.) Wal Mart Update- I e-mailed Philip Serghini again this week about Belfast’s continuing interest in speaking with Wal Mart Real Estate executives about building a store here. He advised that there was no news and that he has fully represented to them our continuing interest. We do hope to speak with the owner of the Les Hills property in the coming weeks. We are waiting on their availability. I have identified a more creative way to approach Wal Mart but I am not prepared to discuss this at this time. 

Agenda Items

11 B. Discussion and action on a request by the Belfast Bicycle Club to host the 2nd Annual Downtown Criterium (bike race) on July 4th.  The Belfast Bicycle Club has asked to conduct their second annual bicycle race in the downtown area on July 4th. They have a presentation, which is attached. (Blue)  They are requesting that certain streets be closed from 7:00 a.m. to 1:00 p.m. (High Street after the split with Church Street to Main Street, down Main to Front Street, Front Street to the Footbridge to Bridge Street and back to High Street. A representative of the Club will be present to provide further details. We may also hear from a representative of the Harbor Committee about possible boat access concerns with streets closed down. 

11.C Discussion and possible action on a request by the Belfast Co-Motion (formally Belfast Street Arts Project) to use city property for interactive art installations. The request is attached. (Lilac)  Last year the Belfast Street Arts project was a success. It drew people into the downtown core and gave them a free opportunity to play with and interact with a variety of creative projects and opportunities. I saw more people taking pictures around these creations than I did down at the waterfront itself. They attracted physical interaction of children of all ages and the notoriety of a good part of the State. Overall I thought it was great and I have been in contact with the local group putting it together. There will be an enhanced safety effort coordinated with the City this year. For example the low balance beam on the sidewalk in front of Town and Country Realtors at the corner of High and Main may be relocated to a grassy area farther down the street. I will speak with the City Attorney about liability before your meeting but I am pretty sure the Maine Tort Claims Act would provide immunity to the City from most exposures on sidewalk activity or condition.  I will update you on this at the meeting.  

11. D  Discussion and action on Public Works Department Bid Openings:  There are three public works items that we put out to bid. The bid results and recommendations of Bob Richards our Public Works Director are attached. 

The 1st is the straw (hay) grinder and blower. Wherever we dig we often need to mulch to prevent erosion and to promote ground cover to provide proper lateral support and contour. This can involve the time consuming shaking of sections of hay by hand over a substantial area while trying to apply a uniform cover that generally just lays over the granular surface. The better way of doing this in terms of time, uniformity and bonding to the granular surface is to use a “Hay Blower”. With almost 80 miles of roads to maintain this is an essential item, the hay blower grinds the hay into smaller pieces and shoots the material into the ground providing better and more erosion resistant contact that uniformly holds the surface. Reseeding happens more efficiently and effectively when underlying erosion does not simply flush under hand laid straw. Bob Richards has recommended the Eagle Rental bid, which was just under the Union Farm bid. He will be at the meeting to answer any questions you may have. 

The 2nd bid is for the roller, which will be used on sidewalks and roads to properly install compacted base material and asphalt. This purchase was budgeted for in the current budget. We formerly rented this equipment and access depended upon availability. The sidewalks through most of the city are asphalt and gradually over the next few years we will be rebuilding many of them and likely building some new ones ourselves. Bob Richards has recommended the lowest bidder Eagle Rental at $15,616. This bid is about $6,000 less than comparable rollers because while it has the same power and durability it lacks fancy headlights and fashionable instrumentation.  Somehow we will get by without those bells and whistles. 

The final 3rd and final bid is for Paint Striping for about 18 miles of double yellow lines at about 13 miles of white edge lines. We have three bids from three States. The difference between the two lowest bids is $1,000. ($8,304 vs. $9,365) Bob is actually recommending the higher of the two lowest bids because it calls for a “hot” application. He will explain that a hot application dries much quicker and offers a better bond.  I note that the highest bid was more than 2 times the cost of each of the other two bids and accordingly the recommendation of the hot application seems justified.  Road paint that dries quickly tends to cut down on transfers to personal vehicles and subsequent calls to City Hall. 

11. E   Discussion and action on the Oak Hill Road Culvert Drainage Project Bids.  The bids for this work are attached. (Goldenrod)  There was a significant range among the eleven firms that bid on this work (concrete pipe range $211, 637 to $512,149, for metal culvert the range was from $161,637 to $467,845). After the bids were in I asked our engineers, Olver Associates to verify that the three lowest bidders clearly understood the requirements of the job and that their representations of cost were accurate as represented. I also had them check out references. I attach a letter from Bill Olver dated April 11, 2009 which summarizes the bids and attests to the great references on the lowest bidder, Emery Lee and Sons. We met with Mr. Lee here in our office to discuss the job and their credentials. They employ about 65 people, own about 80 pieces of equipment and have done about 15 of these in recent years. The reason they can offer such a lower bid is because they own their own sheet piling equipment which permits them to construct their own dam across the watercourse rather than sub-contract that work out. I was impressed by their personal presentation, their references, their experience and of course their price. Because their price is so much lower than the other bids their own bonding company has raised the price of the performance bond by $1,600 after the bid based purely on the price spread. This is the way underwriters think and I would support awarding the bid to Emery Lee and Sons with an addition of $1,600 to the base bid to cover the after bid cost increase. 

We have two issues to decide. First, what type of culvert? I pushed for the cost comparison because the shelf life of the concrete culvert is 50 years longer than the metal one. That would save taxpayer dollars in the long term. This is a deep and costly excavation and dam project. I recommend that we go with the concrete pipe to get the most out of the project. The difference in price is $50,000. (metal pipe installation $161,637, concrete pipe installation $211,637) 

Secondly who to award the Bid to?  I recommend Emery Lee and Son’s as the lowest bidder who is well qualified to do this work. 

11 F. Discussion and action on a request by Edward and Judy Hemmingsen d/b/a Belfast Bay Inn for dedicated parking spaces (3) in the downtown on Main Street outside their 8-room hotel.  This was tabled from last meeting. For your convenience I reprint below my comments at that time. Since your last meeting Mr. Hemmingsen has met with the City Planner and the City Public Works departments to discuss potential options for a “trade” of use spaces at or near his other property, which is located at the corner of Main and Cross Streets. No agreements were arrived at through those discussions and hence I have no new proposals from Mr. Hemmingsen for you to consider. This appears to be a negotiation directly at the Council itself. Wayne may offer some thoughts for your consideration. (Buff) If the City had to go and buy land on Main Street and convert it to store and sidewalk front parking I would think that would be a very expensive proposition.  Here are my notes repeated from my last report:   

“This is a complex issue to consider. First, storefront parking spaces are the best and most coveted type of parking for any commercial enterprise anywhere. You will have to decide whether a space on the street equals a space off the street. I reattach the Hemmingsen’s earlier letter detailing their request. Since then I have met with Ed Hemmingsen who has explained that they need three Main Street parking spaces to accommodate two vehicles, which can unpack or pack luggage at the same time. He has offered to replace the spaces with less desirable off street parking at either of two locations in the Downtown area. The first option would be his below grade parking lot next to Dudley’s Restaurant and the other option would be on land where the former Murphy’s at the intersection on Main and Cross. The later may be a better location because it is closer to street grade and on the same side of the street. However there would be green space between these spaces and the street.  

Most hotels do have a drive up and register area where luggage can be unloaded. These hotel suites are likely to be rented at high-end rates and so it is reasonable for guests to expect this type of amenity. I note that the City had previously decided that it would provide these three spaces when an earlier proposal was made for a 22-room hotel at this location. 

As a manager I see public property as a public asset. I generally never support its sale unless the Council deems it to be either “surplus” or of minimal long-term value to the City. While a use agreement, not a sale, is contemplated here I do think you should see it as a long-term arrangement. I also, like everyone else, see local business as an asset.  We do not know how the Downtown Merchants think about this proposal although it would be hard for me to believe that they would not support a hotel in the downtown area.  The precedent issue is clearly there for you to consider and perhaps or perhaps not the offer of replacement spaces might reduce that likelihood. Would a building owner see this proposal and then ask to swap out the spaces behind their building for ones on the street in front of their business? 

I asked whether spaces limited to 30 minute parking in front of the building would accomplish the same thing and the answer was no. Mr. Hemmingsen felt that if his customers could not pull right in like they can do for other hotels then they would likely drive by and land at a hotel where they could. 

The only other idea I have would to consider entering into the swap for a limited period of time so that its effect could be revisited to see its true impact. 

I expect Mr. Hemmingsen will be at the meeting to answer any questions you may have. 

11.G   First Reading of proposed amendment regarding request from Old Belfast Bridge, LLC to extend the rezoning agreement for the Old Bridge project.  The owners of the Stinson property have been working hard in good faith to find a new development proposal for the former Stinson Seafood property. The City’s former agreement needs to be extended to continue to attract positive development to this area. This was one of the major goals of the City Council for this year. I recommend that the City extend the agreement based upon terms outlined in the memo of City Planner, Wayne Marshall. (Salmon)  By doing this the property will continue to draw respectable interest in this development. 

11.H  First Reading of proposed amendments to City Code of Ordinances, Chapter 80, In-Town Commercial Design. Amendments would require applicants in certain areas of the downtown to comply with design recommendations of the In-Town Design review Committee.  This item is zoning related. It calls for mandatory compliance with In Town Design Review Standards for certain area of the Downtown Business District. Wayne Marshall has a memo with material enclosed.  (Green) 

11.I  Second and Final reading on proposed amendments to Zoning Ordinance on parking requirements. These changes will both offer flexibility to the Planning Board on parking requirements and also expand the downtown area where parking requirements will be relaxed. Wayne has materials attached.  (Cherry) 

11.J  Discussion and possible action on  resolution regarding the War in Iraq. I really have not comment on this other than to note that if the Council decides to pass political resolutions then it should be prepares to address many of them. I take no issue with this resolution but this is a divisive matter and there are some very strong feelings about the War, not all of which are in agreement. (Tan

11.K  Discussion and action on a request from American Lung Association to close a few streets and to acquire approval to bring in a tractor/trailer shower facility for the bikers. The Trek across Maine is asking for permission to close off some streets (Sunday June 15th) and to bring in special shower equipment on a tractor-trailer. This will be a very big event for Belfast and a Trek representative will be at the meeting to secure all final approvals from the Council. (Pink

Have a nice weekend.

 

 

Prexar - Internet and Beyond