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9-10-13 Special Workshop MINUTES OF THE SPECIAL WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN THE COMMISSION CHAMBER ON SEPTEMBER 10,2013 City Commission Members present: Mayor Mike Borno Mayor Pro Tern Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods Staff present: Jim Hanson, City Manager Nancy Bailey, Recording Secretary Others:Pete Rodriguez, Treasurer, Selva Marina Country Club Mike Carlin, President, Selva Marina Country Club Rick Wood, Atlantic Beach Partners T. R. Hainline,Atlantic Beach Partners Leed Silverfield, Atlantic Beach Partners Marc Hudson,North Florida Land Trust Laura Ferrante, Board Member and Counsel for Selva Marina Country Club and Atlantic Beach Country Club The meeting, which was held to review the Master Agreement and Recreation & Greenspace Easement with Atlantic Beach Partners and the proposed reuse rate structure, was called to order at 3:05 p.m. by Mayor Borno. He announced that we were testing our new video and audio system that has been installed in the Chamber. Everyone at the table introduced themselves. Jordan Marshall, Legal Intern with North Florida Land Trust was in the audience. 1. Discussion of Recreation and Greenspace Easement. Commissioner Mark summarized they are here to try to get the Greenspace Easement and Master Agreement very close to being finalized. Mayor Borno went page by page through the Recreation and Greenspace Easement asking for any comments. Page 1 — Marc Hudson asked that a statement be included as follow: "the intent and purpose of this recreational and greenspace easement for the City of Atlantic Beach is the protection of the GC property as a scenic amenity in perpetuity". T.R. Hainline responded he is fine with that sentence except after"in perpetuity" it would state "subject to the termination provisions below". Discussion ensued. Page 5 —Commissioner Daugherty asked if essential services were limited to 15 % impermeable surfaces. Commissioner Mark pointed out where it stated that it was. Page 8 - 4.3. Marc Hudson stated his one concern was the calculation of the Native Tree Canopy. After discussion, all parties agreed to look at landscape architect Kelly Elmore's plans and go with what he proposes. Minutes—City Commission Workshop September 10,2013 Page 2 Mr. Carlin reported they will close the club from an operating point of view on October 31 and, in order to get the golf course grown in,will start killing grass in September. Pages 12-13 T.R. Hainline stated they will come up with the language for this before the 23rd. He stated this easement allows the City to transfer its rights and obligations under the easement to grantees. He stated if it goes to someone else then they need to know that they have a hold harmless agreement from that entity and that that entity has insurance at certain levels so they are not going to get sued if those people come out on their property and hurt themselves. He stated they will submit to the City a hold harmless insurance provision that would govern any entities to which the City would convey its rights and obligations under the easement. Page 18 — Mayor Borno pointed out a scriveners' error, Attlantic Beach should be Atlantic Beach. Changes were agreed upon and will be made available at the Workshop on 9/23/13. 2. Discussion of Master Agreement Mayor Borno went page by page through the Master Agreement asking for comments. Two scrivener's errors were pointed out on Page 6 m. —there were two periods at the end of the sentence; and on Page 14 ii. - cross out"to" after Country Club on 5th line. Discussion ensued about default by the Country Club or the City. After discussion, all parties agreed to remove "as determined by the Country Club" on page 14 under i., lines 4 and 5 and ii. 4th line; and change "or other Country Club approved water" to "or other suitable water" on the 7th line under ii. Changes were agreed upon as noted above and will be made available at the Workshop on 9/23/13. 3. Discussion of Proposed Reuse Rate Structure Mr. Hanson summarized his staff report, explaining the proposed rate structure. He stated the Country Club would not be charged for the first 18 months due to the dramatic fluctuations expected in the growing period, up to 1 million gallons/day. He answered questions from the Commission. Discussion ensued. Mike Carlin stated he really appreciates the time everyone has put into this. Mr. Hainline stated they will incorporate the changes made today and will send another draft out after seeing Kelly Elmore's plan. Mr. Hanson stated the thing that makes this Master Agreement work is when the developer buys the property. He stated they can sign it the morning after the 14th, if it is approved, but it doesn't go into effect until the developer buys the property. He stated the other piece is to be ready to build the reuse system and our engineers are very concerned about being Minutes—City Commission Workshop September 10,2013 Page 3 able to get this done and have the reuse there by March 15, which is when they say they have to have it. He stated we will have bids taken this month and would like to have it on the Commission agenda for approval on October 14, but have a caveat on there that says they can't execute the contract or give the notice to proceed until this Master Agreement goes. He stated basically, if all of this is in place and the developer buys the property then this conservation easement becomes effective immediately; it has to be recorded, and the next morning they can issue a notice to proceed to the contractor so they can start building the reuse system and get it done on time. He stated we all have a time schedule here that we are working backwards on, trying to meet their schedule on the grass growing. Rick Wood stated the day they execute the deed they will sign the conservation easement and deliver it to the City. He stated that doesn't necessarily mean the City will be able to record it. He stated in the documents it talks about a reasonable period of time but their preference would be to have their bulldozers out there the day after they close and deliver the conservation easement to the City. He asked if it would be possible, instead of requiring the recording of the conservation easement, for it to be the delivery of the conservation easement to the City of Atlantic Beach. It was agreed that they could do that. The annexation timeframe and process was discussed. Mr. Hanson announced he just received notification that the boil water notice has been lifted. There being no further discussion by the City Commission, Mayor Borno thanked everyone for all their hard work and declared the meeting adjourned at 4:38 p.m. n4Alez, Mike Borno Mayor OIZA,t - Donna L. Bartle, CMC City Clerk