INFRASTRUCTURE COMMITTEE

Tuesday, September 8, 2020 @ 5:15 p.m. City Hall Council Chambers

Agenda

1. Utility Easement: Versant Power to Provide Service to 72 Curve Street (Materials Attached)

2. Request to Proceed: State Street Crosswalk Calming & Visibility Treatments (Materials Attached)

Memo

To: Infrastructure Committee

From: Community and Economic Development

Date: September 8, 2020

Re: Granting Easement over City Owned Properties – MAP 040 LOT 030-A; MAP 040 LOT 020

This Order would grant Versant Power of Maine easements over two City owned properties, for the purpose of providing upgraded utility services to the residence of John and Leonora Knowlton of 72 Curve Street.

If approved, this order would allow Versant Power of Maine to construct, maintain, operate and upgrade from time to time a line consisting of poles, anchors and wires within a fifteen foot wide easement area located on Lot 020, along with a ten foot wide easement area for the purpose of anchors and wires necessary for support located on Lot 030-A. This order would also allow the old line to be removed, eliminating any potential roadblock for developing the City owned lot 30-A. The line would be place approximately as depicted in "Exhibit A"

Versant Power of Maine shall be responsible for operating and maintaining the system. Draft copies of the easements are attached.

Staff recommends granting easements over both City owned properties for the purpose of upgrading utilities to 72 Curve Street.

09/14/2020

09/14/2020

Community & Economic Development

Title, Order

Order 040-020

Granting Easements over City Owned properties to Versant Power of Maine

This Order would grant Versant Power of Maine an easement over two City owned properties, Lot 020 and Lot 030-A, for the purpose of providing upgraded utility services to John and Leonora Knowlton of 72 Curve Street. If approved, this order would allow Versant Power of Maine to construct, maintain, operate and upgrade from time to time a line consisting of poles, anchors and wires within a fifteen foot wide easement area located over Lot 020, along with a ten foot wide area located on Lot 030-A for the purpose of support anchors and wires. This order would also allow the old line to be removed, eliminating a potential roadblock for any future development of Lot 030-A. The line would be placed approximately as depicted in "Exhibit A" Versant Power of Maine shall be responsible for operating and maintaining the system. Draft copies of the easements are attached.

Infrastructure Committee 09/08/2020Recommend for passage

Consent

CITY OF BANGOR ORDER 09/14/2020

09/14/2020

Granting Easements over City Owned properties to Versant Power of Maine

Be it ordered by the City Council of the City of Bangor that, the City Manager is hereby authorized and directed to execute two easements, over and on City owned property, to Versant Power for the purpose of constructing, maintaining, operate and upgrade from time to time a line, poles, anchors and wires to provide services to the residence located at 72 Curve Street. Said easements shall be in a form acceptable to the City Solicitor or Assistant City Solicitor.

EASEMENT

CITY OF BANGOR, a municipal corporation located in Bangor, in the County of Penobscot, State of

Maine, being the owner in fee simple of certain lands located in the City of Bangor, County of Penobscot, State of

Maine, and described as follows:

Being the premises conveyed by Paul J. Coady to the Grantor herein by deed dated April 30,

1980, and recorded in the Penobscot County Registry of Deeds in Book 3077, Page 248.

Premises also being known as Tax Map 040, Lot 030-A;

for consideration given, grant and convey to VERSANT POWER, a Maine corporation with a place of business

at 970 Illinois Avenue, Bangor, Maine, its successors and assigns forever, the rights, privileges and easements to

construct, maintain, operate and upgrade from time to time on said lands, for utility purposes, anchors and wires

with the necessary fixtures and supports, beginning on the southerly bound of said premise 10 feet, more or less,

easterly of the westerly bound, and extending northerly, on said premises, 10 feet, more or less; with the right to

clear and dispose of interfering trees and other growth from time to time, with permission to enter upon said lands

for the above purposes; further granting to said Emera Maine, its successors and assigns, the power to assign to

others, in whole or in part, any or all of the rights, privileges and easements herein set forth.

IN WITNESS WHEREOF, the said City of Bangor has caused this instrument to be sealed with its

corporate seal, and signed in its corporate name by Catherin M. Conlow, City Manager, thereunto authorized,

this ______ day of _________________, 2020.

Catherine M. Conlow, City Manager

City of Bangor

STATE OF MAINE

County of Penobscot ss: ______________________, 2020.

Personally appeared the above-named Catherine M. Conlow, City Manager, and acknowledged the

foregoing to be her free act and deed in her said capacity, and the free act and deed of said body corporate.

Before me,

Notary Public

Print Name of Notary:

EASEMENT

CITY OF BANGOR, a municipal corporation located in Bangor, in the County of Penobscot, State of Maine, being

the owner in fee simple of certain lands located in the City of Bangor, County of Penobscot, State of Maine, and described as

follows:

Being the premises described by Certificate of Entry dated July 8, 1999, with reference to Council Order

99-71, and recorded in the Penobscot County Registry of Deeds in Book 7106, Page 215. Premises also

being known as Tax Map 040, Lot 020;

for consideration given, grant and convey to VERSANT POWER, a Maine corporation having a place of business at 970

Illinois Avenue, Bangor, Maine, its successors and assigns forever, the receipt whereof is hereby acknowledged, the rights,

privileges and easements to construct, maintain, operate and upgrade from time to time on said lands, for utility purposes, a

line consisting of poles, anchors and wires with the necessary fixtures and supports, beginning on the northerly side of Curve

Street, 15 feet, more or less, westerly of the easterly bound of said premises, thence extending northerly, on said premise, to

its northerly bound approximately 15 feet, more or less, westerly of said easterly bound; with the right to extend lines from

the said line, either overhead or underground, to sites on the said premises and lands of others as customers may request

service, with the right to transmit electricity and intelligence over said line, and to clear and dispose of interfering trees and

other growth from time to time, with permission to enter upon said lands for the above purposes; further granting to Emera

Maine, its successors and assigns, the power to assign to others, in whole or in part, any or all of the rights, privileges and

easements herein set forth.

The Grantor for itself, and its, executors, administrators, successors and assigns, covenant and agree to and with the

Grantee, its successors and assigns, that it will not erect or maintain or permit the erection or maintenance of any building,

trailer, mobile home, swimming pool, or other structure, of any kind or nature, within 15 feet of said line, any or all of which

in the opinion of the Grantee, its successors and assigns, would endanger or interfere with the exercise of any of the rights,

privileges and easements hereby conveyed.

IN WITNESS WHEREOF, the said City of Bangor has caused this instrument to be sealed with its corporate seal,

and signed in its corporate name by Catherin M. Conlow, City Manager, thereunto authorized,

this ______ day of ___________, 2020.

Catherine M. Conlow, City Manager

City of Bangor

STATE OF MAINE

County of Penobscot ss: ______________________, 2020.

Personally appeared the above-named Catherine M. Conlow, City Manager, and acknowledged the foregoing to be

her free act and deed in her said capacity, and the free act and deed of said body corporate.

Before me,

Notary Public

Print Name of Notary:

EXHIBIT A

State Street Crosswalk Calming and Visibility Treatments

8.27.2020

Summary

In response to reports of speeding traffic and poor yield behavior on the part of drivers on State Street, the WalknRoll/BCM Team

proposes to install vertical elements to enhance the visibility of crossing, slow motorist traffic and improve yield rates at the

following locations:

● The intersection of Forest and State Street

● The intersection of Birch and Forest Street

● See Figure 1

Figure 1. Yellow circles indicate crosswalks targeted for treatment. See Figures 3-4 for specific location layouts

The installations will seek to slow motorist traffic to the posted speed limit; speed studies will be conducted before and with the

installation in place. Yield rates will also be studied at the two locations.

The project is temporary and would be removed as soon winter weather threatens.

Materials and installation labor are at no charge to the City.

Purpose To test whether low cost visibility enhancements at crosswalks and gateway treatments can enhance pedestrian safety by lowering

maximum and average traffic speeds on State Street to comply with posted limits, and to study whether these changes impact yield

rates.

Need Anecdotal reports are that drivers speed on State Street and do not readily yield. A recent Bangor Daily News editorial highlighted

the problems with crosswalks statewide.

Installation and Removal The basic enhancements will consist of gateway treatments using white delineators along the crosswalk between the parking stripe

and the the curb, as well as R1-6 Yield signs or white/yellow delineators positioned where the centerline striping meets the

crosswalk. See Figure 2. The delineators used shall have retro-reflective tape on them for visibility during nighttime hours. The

“curb extensions” created by the delineators will be painted a muted contrasting color (eg. dark red).

Figure 2: Representative crosswalk

treatment with R1-6 yield sign and

simulated red paint

If used, R1-6 signs will only be used at crosswalks, never in advance of them. R1-6 signs will be placed on the centerline in

accordance with MUTCD guidance.

Installations at intersections will generally be based on extensions of the parking lane stripes and will tighten radii of corners to slow

vehicles and keep them minimum distances from curb lines as they turn into locations where crosswalks are present. The spatial

needs of turning vehicles will be considered, and templated as needed.

The tubular delineators should have no or minimal impact on parking, and considering possible impacts will be a priority for the

team. Delineators placed near crosswalks will have two aligned with the parking stripe and two placed approx. 10-15 ft from the

edge of the crosswalk in the midpoint of the parking lane to help facilitate compliance with MaineDOT rule regarding no parking

within 20 feet of marked crosswalks. Additional painted cross hatching will also mark areas of no parking within 20 feet of marked

crosswalks.

Delineator placement will also take into consideration turning movements onto adjacent streets and into curb cuts, and will be

placed so as to minimize impacts.

The proposed treatments have been studied recently in Michigan and proven effective. Reference studies include:

https://traffic.transportation.org/wp-content/uploads/sites/26/2017/07/Gateway-Treatment-for-Pedestrian-Crossings-Bott.pdf

https://conservancy.umn.edu/bitstream/handle/11299/189957/CTS%2017-05.pdf?sequence=1&isAllowed=y

This project is intended to be seasonal. Delineators will be removed no later than mid-November using a shovel to disengage the

butyl adhesive; removal may be earlier if plowable snow is expected. Residual adhesive will be removed as much as possible.

Proposed Specific Layouts

Figure 3: Forest and State

Figure 4: Birch and State

Traffic Safety During Installation and Removal This project will only have minimal needs for the project team members to actually be in the travel lane exposed to traffic. The

project team will use OSHA approved "Road Work" signs in advance of the project area, and cones near any area where people are

working. MUTCD guidance for work areas will be followed. At least one person will be tasked with simply monitoring traffic and

helping to keep project installers safe. All persons on site during installation and removal will wear high vis vests. A DPW truck or

police cruiser is requested to be on hand during installation. There will be no impact on vehicular traffic at the sites during

installation or removal.

Timeframe The installations would be installed September, 2020 and removed November, 2020.

Metrics The effectiveness of the installation will be measured by assessing whether the installation slowed vehicle traffic or changed yield

rates from baseline studies. Studies will be conducted before and during the installation. A survey to collect public reaction will also

be created and shared.

Maintenance Plan The project will be monitored on a daily basis by members of the project team, and any knocked down delineators will be replaced

by project team members or municipal DPW, if they are willing within 48 hours of a report.

Public Notification Good public notification will help ensure that people understand the need and intent for this project. BCM will issue a press release,

contact members in Bangor about the project, and make social media posts about the project. A one-pager describing the project

will be created for public distribution. BCM recommends that the municipality take proactive measures to ensure that residents and

abutters are informed of the project’s intent and timeframe using official communications methods. Additional measures to inform

the public will be implemented as needed and requested by the city. These may include public forums, physical letters, articles in

local papers, etc. A survey is planned to assess public reaction to the project. A contact person within the municipality shall be

designated to receive comments.

Authorization Process The project will not move forward without city and MaineDOT review and approval. An authorized representative of the City of

Bangor will sign an MOU acknowledging that the demonstration project is a planning exercise of the City and that the City bears all

responsibility for the project. The Regional Engineer for the MaineDOT shall provide written confirmation that he/she has reviewed

the project plan and has no objections to its moving forward.

Cost All materials and installation labor will be provided at no cost to the municipality.

Purchase of Materials The City of Bangor will receive the materials used free of charge.

Liability This project shall be understood as a planning exercise of the City of Bangor with the full permission and approval of the city

government. The City of Bangor shall hold harmless and indemnify the Bicycle Coalition of Maine and its respective officers,

directors, employees and agents from and against any claim, loss, damages, theft and liability pertaining to bodily injury, property

damage, personal injury, death, or any other type of claim, arising out of or occurring in connection with demonstration project here

described. An MOU agreeing to these terms must be signed prior to installation.