TND Report #2

TND ENGINEERING TRAFFIC, TND, TRANSPORTATION AND CONSULTING

________________________________________________________________ 224 State Street, #205 PORTSMOUTH, NH 03801 p. 603.479-7195 Email: Chellman@TNDEngineering.com

HTTP://WWW.TNDENGINEERING.COM/

TEL. 603-479-7195

Wiscasset, August 1, 2017

TND Engineering produced a 19-page preliminary report on June 10 of this year (the Report).

Of several topics reviewed in the Report, edits that MDOT made to an HNTB memorandum on the downtown parking needs of Wiscasset were briefly pointed out in the Report. Commentary on these edits, largely because images of the actual edits are included in the Report, consume approximately 10% of the Report.

More recently, Attorney Jim Billings of MDOT has alleged in a July 17 letter to Attorney Mueller that: •

We “seized on a draft report from HNTB to support an accusation that [MDOT] has manipulated data and mislead (sic) the public”; • The purpose of the HNTB report was to verify the necessity of the Water Street parking; • The [HNTB] report was not presented publicly, and so it could not have been intended to mislead the public; • The Director of the MDOT Bureau of Planning commissioned the [HNTB] report “to make sure the replacement parking along Water Street would actually be used by the public”; • MDOT “provided comments to HNTB after receiving a draft report”; • MDOT “quite correctly” noted that HNTB’s assignment was limited in scope and sent back a marked up draft “that recommended deleting the extraneous material”; • HNTB was told to feel free “to use their own language in re-drafting the report”; • MDOT “felt quite comfortable in commenting on the draft he received and in making sure that the final report would focus on the purpose of the assignment”.

Clearly the impression given is one of a few simple comments made to a draft report that were quickly cleared up in a simple and expeditious manner.

Indeed, Attorney Billings’ recent emphatic claims involving the HNTB report have necessitated a refocused look at the record on how this report what produced.

As detailed below, the available record does not at all support this impression or the above allegations by Mr. Billings’.

Reference is first made to the attached two-page graphic entitled “HNTB/Maine DOT Process to Produce Wiscasset Parking Feasibility Analysis”. This was prepared to illustrate the involved production process for the HNTB report or, actually, reports.

224 STATE STREET, #205, PORTSMOUTH NH

TEL. 603-479-7195

WWW.TNDENGINEERING.COM

|2

Wiscasset, August 1, 2017

The attached document presents in a graphic format the at least 12-step process used by MDOT to ensure that HNTB produced not one but two “final” documents (their labels) regarding parking in downtown Wiscasset. Numbers with the orange background below correspond to the same in the attached graphic; bold face type has been added in places below for emphasis.

1

In order, in March, 2016, HNTB prepared a proposed report or memo on the parking feasibility analysis work for downtown Wiscasset. This first draft contains the language referenced in the Report of June 10.

This initial draft is plain on its face: it is dated March 4, 2016 and it notes that HNTB was retained “to conduct a Downtown Parking Feasibility Analysis … and evaluate the added benefit of adding a 29-space parking lot on Water Street”.

2

The day after this initial draft was prepared and emailed to MDOT, HNTB and MDOT met @ MDOT offices to discuss the report.

3

By the middle of the following week, HNTB had revised report based on the meeting the prior week and again emailed it to MDOT. This time, both PDF and Word format files were sent.

4

About a week and a half later, HNTB emailed MDOT asking if MDOT was “good with the product”. MDOT replied that they “are satisfied” and asked HNTB to “please provide the final PDF and submit your invoice”.

5

That same day, March 18, 2016, HNTB submitted the “final” memo in PDF format. Both the cover email transmitting the file and the document file name itself denote it as what was at least at that time the “final” memorandum.

It is noteworthy to see that at this point in this multi-step and ultimately five-month long process that by the time HNTB finished what for convenience will be termed its first “final” memo for this assignment, there had been several back and forth communications with MDOT. Those communications for which copies have been furnished are outlined above.

Importantly, especially given Attorney Billings’ claims to the contrary, all copies of the HNTB work product that existed during these first 5 steps to produce the first “final” report, contained all of the text referencing the severe impacts of removing on-street parking.

Up to that point, the HNTB report drafts all also contained the known benefits of on-street parking to main street businesses. This latter included the HNTB quote that “[o]n-street parking is consistent with the state-of-the-practice for communities to create economically viable, walkable, and vibrant downtowns or villages”.

224 STATE STREET, #205, PORTSMOUTH NH

TEL. 603-479-7195

WWW.TNDENGINEERING.COM

|3

Wiscasset, August 1, 2017

Finally, during these first steps in this process, the HNTB workproducts not only contained the language later deleted, but the documents containing that language in MDOT’s own statement “satisfied” MDOT to the point that it also requested HNTB to submit an invoice for the work done in preparing it.

7

The file information furnished is silent on what may have next occurred, except that two months later in May, MDOT asked HNTB to furnish a Word file of the memo “to provide proposed changes” to the document. HNTB complied with this request the following day.

8

Late the following month, now June, HNTB emailed MDOT a reminder noting it “never did hear back” from MDOT regarding further changes to the memo.

HNTB also re-sent their invoice, which remained unpaid.

9

The day after HNTB’s reminder email, an internal MDOT email noted that MDOT was going to call HNTB today “to discuss the edits”. This email also states “I suggest we hold off on processing the invoice until I receive the final report”.

10

Later that same June day, MDOT sent HNTB the revised memo in Word format with “track changes” turned on. This is the first instance of the language noting the benefits of on-street parking and the severe impacts associated with removing on-street parking was proposed for deletion from the HNTB work product. The transmitting email also asks HNTB to “review and adjust as you deem appropriate”; the email is silent on the matter of the unpaid invoice.

Here it is relevant to point out what MDOT had done to the previously “final” memo in its proposed edits, and how those edits have recently been characterized.

Attorney Billings’ recent letter states that the previously final document he now characterizes as a “marked up draft” and that MDOT only “recommended deleting the extraneous material”. However, the actual document sent back to HNTB appears to have proposed a little more in the way of changes.

Indeed, it is difficult to reconcile Mr. Billings’ claims about the HNTB report and MDOT’s comments about its production with the record.

In March, HNTB and MDOT had at least one face-to-face meeting and exchanged emails and possibly other communications about the HNTB report being drafted. Edits were made and a “final” document- labeled as such by both HNTB and MDOT was produced in March, by step 5 above.

224 STATE STREET, #205, PORTSMOUTH NH

TEL. 603-479-7195

WWW.TNDENGINEERING.COM

|4

Wiscasset, August 1, 2017

Presumably, Mr. Billings is referring to what happened months later in June of that year.

The document sent back to HNTB actually contained 198 revisions, according the Word function that tracks such things, and an image of that tally appears below (the tally is in the upper left).

The Word function tracking these changes does not distinguish from the very minor to the more significant edits but by any measure there were a lot of them to review.

11

12

Despite this, the very next day, HNTB sent the revised memo back to MDOT. Based on a quick review, it appears that all 198 of MDOT’s edits had been accepted, and a few more (20) minor edits were made by HNTB, these included updating the date of the document.

At this point, the available record is again silent until July 13, when HNTB sends the second set of “final” reports in Word and PDF formats to MDOT, with thanks for being able to do the analysis. No mention of the invoice is made.

Returning to Mr. Billings letter, HNTB’s charge was stated as being to ensure the new parking on Water Street “would actually be used by the public” after the onstreet parking was removed as a part of “Option 2”.

224 STATE STREET, #205, PORTSMOUTH NH

TEL. 603-479-7195

WWW.TNDENGINEERING.COM

|5

Wiscasset, August 1, 2017

HNTB’s first “final” document, and its prior drafts until the significant re-write completed by MDOT in June were responsive to this charge.

All of the calculations that HNTB completed, and which were also reviewed and approved by MDOT relating to the parking needs assume that the approximate 30 businesses presently existing would remain and therefore need parking.

As HNTB first pointed out, and as was contained in the first final document, the removal of on-street parking should be considered with caution to its impactsdoing so is known to have deleterious effects on main street businesses. The reverse was also noted: adding on-street parking being understood as, again, “state-of-the-practice for communities to create economically viable, walkable, and vibrant downtowns or villages”.

MDOT removed all such cautions and references of the benefits of on-street parking from the report.

By removing these references, MDOT essentially eviscerated one important part of the charge they say they gave HNTB, that being to ensure the use of the new parking by the public.

Quite obviously, if the existing businesses were adversely impacted by the removal of on-street parking, then the resulting parking needs would be different.

If the existing businesses closed, the parking need would reduce to zero and the public would not use the new parking.

As noted previously, on-street parking and through-moving traffic can be in direct conflict. A balanced consideration of each requires a full and informed consideration of the known and potential impacts of change, especially changes to an existing condition that has been in place for decades.

Removing significant elements from what was ultimately produced as the second “final” report- as MDOT did in this case- in an apparent attempt to narrow or divert the focus of all involved- was a disservice to decision-makers, most especially including the voting public and local officials.

224 STATE STREET, #205, PORTSMOUTH NH

TEL. 603-479-7195

WWW.TNDENGINEERING.COM

|6

HNTB/Maine DOT Process to Produce Wiscasset Parking Feasibility Analysis (From available files)

1

2

3

Thursday, 3/3/16

HNTB sends MDOT "Parking Feasibility Analysis" a draft PDF file dated 3.4.16

Meeting @ 1:00 PM Friday 3/4/16 @ Maine DOT

Wednesday 3/9/16

HNTB sends revised Draft "Parking Feasibility Analysis" based on "meeting last Friday" Word file dated 3.9.16

Friday, 3/18/16

HNTB asks MDOT if "good with the product"; MDOT replies "we are satisfied...please provide the final PDF and submit your invoice"

5

Friday, 3/18/16

HNTB sends MDOT PDF file "Final_3_18_16" and thanks MDOT for opportunity to work on "super-quick assignment"

6

Tuesday, 5/17/16

MDOT asks HNTB for Word file of the report "to provide proposed changes"

4

Page 1 of 2

HNTB/Maine DOT Process to Produce Wiscasset Parking Feasibility Analysis (From available files)

7

Tuesday, 5/17/16

HNTB MDOT sends Word file "Final 3_18_16"

8

Wednesday 6/29/16

HNTB emails MDOT noting "never did hear back" regarding further changes and re-attaches unpaid invoice sent in May

Thursday 6/30/16

Internal MDOT memo "going to call [HNTB] today to discuss the edits...I suggest we hold off on processing the invoice until I receive the final report".

Thursday 6/30/16

MDOT sends HNTB email "per our telephone conversation" attaches revised Word file, asks HNTB to review and adjust as you deem appropriate; sends Word file "...GA Edits 2016 06 30"

Friday 7/01/16

HNTB sends MDOT email noting they had reviewed "proposed edits" and "identified a small number of additional edits" for MDOT review. sends Word file "...GA Edits_PTG Edits 2016 07 01"

9

10

11

12

Wednesday 7/13/16

HNTB sends MDOT email with "the final Downtown Parking Needs Analysis technical memorandum". sends PDF & Word files "...FINAL 2016 07 13" Page 2 of 2