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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 13 of 17 12. CARMAN BAY SHORELINE RESTORATION PROJECT - REVIEW GRANT ACCEPTANCE DOCUMENTS Gaffron stated in October of 2010, the MCWD Board approved Orono’s request for a grant in the amount of $34,500 to assist with the costs of the Carman’s Bay Shoreline Restoration project at the end of Ivy Place. This project is scheduled for construction this summer. In exchange for the grant funding, the MCWD requires that the City obtain the appropriate easements from the property owner and that the City and property owner execute a “Grant Agreement” regarding the funding and a “Declaration” that acts as a covenant to ensure the project is carried out and maintained in perpetuity. Staff and the City Attorney have reviewed at length the terms and conditions of the Grant Agreement and the Declaration, and have worked with MCWD Staff and counsel in an effort to establish terms and conditions which Staff believes are acceptable to all parties. Because this project is specifically intended to restore and protect the eroded shoreline over a municipal sewer line, Staff has rewritten the standard MCWD documents to place all obligations regarding future maintenance of the restored area on the City rather than the private property owner. These documents are presented for City Council review so that the Council is made aware of the obligations the City will be taking on by accepting the grant. The City’s obligations for year one under the Declaration are as follows: Installation, water as needed, inspect for weeds twice a month, add mulch as needed to prevent erosion and weeds, and hold soil moisture, install wave barriers and fencing as needed. The City would also have ongoing obligations after year one. Additionally, for five years after issuance of a certificate of substantial completion, the City may be required to reimburse MCWD if maintenance per above is not performed. Also, although the original documents required an annual report be provided to MCWD in perpetuity, MCWD counsel has agreed to remove that requirement. Staff will provide such a report for the first three years. In general, the first three years of maintenance are the responsibility of the contractor. Thereafter, ongoing maintenance obligations become the City’s responsibility and can be readily performed by Public Works staff. Gaffron noted all three documents have been provided to the property owner for review, and the owner has been very cooperative over the past year as this project has moved forward. Printup asked if all the grant money will be spent on plantings or whether there will be some carried forward. Amundsen noted the bids have come in substantially cheaper than what was originally estimated. The cost for the construction is approximately $76,000. Gaffron noted the money was partially going to come from the Sewer and Water Fund and that if there is money left over, it would not be spent from the Sewer and Water Fund. Item #03 - CC Agenda - 03/12/2012 Approval of Council Minutes 02/27/2012 [Page 13 of 17]