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Page 3 BCC Agenda Item Sector 5 Beach Restoration Project May 27, 2015 Although a complete feasibility study was not conducted to identify all project alternatives, a dune only construction project is consistent with the County's goal of avoiding adverse impacts to environmental resources including nearshore Hardbottom. If a project were to proceed without the Federal commitment it is anticipated that a feasibility study could take up to 1.5 years and another 2 years for design and permitting. City of Vero Beach Ordinance Relative to Beach Restoration The City of Vero Beach enacted an ordinance in 1989 which prohibits them from spending any tax dollars on beach restoration without a referendum. Section 2.09 of City Charter prescribes: Unless specifically authorized to do so by one or more local binding referendum elections, the City of Vero Beach shall not on beaches owned by or within the municipal limits of the City of Vero Beach, directly or indirectly, expend tax dollars from whatever source (local, state or federal)on beach restoration except in the amount necessary to protect life or property during storms or other natural disaster. (Res. No. 89-19, 3-15- 1989). Following concerns that a future beach restoration project in City limits would trigger the referendum requirement, the City Attorney's office (Memorandum dated October 7, 2014 attached) reviewed current City Ordinances and Florida Statues. Based on the City Attorney's opinion the Charter referendum requirement of Section 2.09 would not be triggered if the County were to sponsor a beach restoration study/project within the City limits. ANALYSIS AND ALTERNATIVES Alternative 1: Abandon Feasibility Cost Share Agreement with the USACE. This alternative would abandon Federal assistance on the Sector 5 Project area and perhaps prevent the County from future Federal participation on this project. During the March 16, 2015 Indian River County Beach and Shore Advisory Committee (Beach Committee) meeting, the USACE discussed the GRR and Federal process. Following the USACE presentation, the Beach Committee expressed several concerns about the GRR and Federal process. Following discussions, the Beach Committee unanimously approved a supporting motion to continue with Federal funding for the Sector 5 Beach Restoration Project and requested staff to provide additional information at the next committee meeting. F:\Public Works\JamesG\Sector 5\Federal\Feasibility Cost Share Agreement\agenda item Department of Army Feasibility Cost Share 199 Agreement--Sector 5 Shore Protection Project--REV 5-27-15.docx