1. Maintenance Dredging of the Venetian Canal Venetian Canal Maintenance Dredging of the Venetian Canal Venetian Canal July 31, 2007 Discussion Item Orange County Board of County Commissioners

2. Maintenance Dredging of the Venetian Canal Background InformationBackground Information Property Concerns & Hold Harmless AgreementsProperty Concerns & Hold Harmless Agreements Staging & Dewatering Site AgreementsStaging & Dewatering Site Agreements Emergency ConsiderationEmergency Consideration

3. Maintenance Dredging of the Venetian Canal

4. Background Information Venetian Canal The Venetian Canal is located solely within the City of Belle Isle and the Conway Water and Navigation Control District Boundaries. The canal was created in the 1930’s.

5. Background Information Venetian Canal cont.. Background Information Venetian Canal cont.. The most recent dredging activity was attempted in 2000 by the residents, but was not completed due to contractor problems. In 2002, the residents requested assistance from the Conway Water and Navigational Control Board to dredge the canal. The Advisory Board agreed to support the dredging efforts. Efforts to partner with the City of Belle Isle have been unsuccessful.

6. Maintenance Dredging of the Venetian Canal

7. Property Concerns & Hold Harmless Agreements Property Concerns & Hold Harmless Agreements The Project Engineer stated that due to the canal side slopes and existing structures that deepening the canal could increase the risk of structural failure within the canal. The Orange County Attorney’s Office and Risk Management Division recommended that Hold Harmless Agreements between the individual property owners and associated tenants be secured with the Conway Navigation Board before proceeding with the project. Several attempts were made by the residents to secure the agreements, however do to confusion regarding a signature requirement, the Agreements were re-drafted by the County Attorney’s Office for resident’s signatures.

8. Property Concerns & Hold Harmless Agreements cont. Property Concerns & Hold Harmless Agreements cont. Orange County has received 33 of the 35 revised Agreements from the property owners (plus 4 tenant agreements).

9. Property Concerns & Hold Harmless Agreements cont. Property Concerns & Hold Harmless Agreements cont. The Project Engineer has evaluated the 2 properties and stated that the level of risk was low.

10. Property Concerns & Hold Harmless Agreements cont. Property Concerns & Hold Harmless Agreements cont. The canal does not currently have any easements over the project area, County staff is currently acquiring Right-of-Entry authorizations from each of the canal property owners. Although the 100% participation requirement was not met, the residents and the Conway Advisory Board are committed to completing this project and request that the Board of County Commissioners, acting as the governing board for the Conway Water and Navigation Control Board, decide the final outcome of the proposed project.

11. Maintenance Dredging of the Venetian Canal

12. Staging & Dewatering Site Agreements Staging & Dewatering Site Agreements As a result of the canal being split into two separate segments by a road, two property sites have been selected for the staging & dewatering activities.

13. Staging & Dewatering Site Agreements cont. Staging & Dewatering Site Agreements cont. The Venetian Park property will be utilized for the northern segment. a.The City of Belle Isle has agreed to allow the park to be used for staging and dewatering and has approved an Interlocal Agreement stating this allowance. The Scott property will be utilized for the southern segment. This property is currently undeveloped, but construction of a residential building is scheduled for September. a.Mr. Scott has agreed to allow the use of his property and has a Right of Entry Permit for this activity.

14. Maintenance Dredging of the Venetian Canal

15. Emergency Consideration Emergency Consideration As a result of the Scott property’s anticipated September construction timeframe, the expedition of this project is imperative to reducing costs and further delays. Orange County Public Works Department has reviewed the plans and also met with Purchasing and Contracts Divisionregarding the Emergency circumstances. It was the opinion of Purchasing and Contracts that this situation fulfilled the Emergency criteria.

16. Maintenance Dredging of the Venetian Canal Requested Action: Approval to move forward with the Venetian Canal Maintenance Dredging Project contingent upon obtaining the Right-of Entry Authorizations, and the 36 37 individual Hold Harmless Agreements, and approval of the Interlocal Agreement with the City of Belle Isle. District 4

17. Maintenance Dredging of the Venetian Canal Venetian Canal Maintenance Dredging of the Venetian Canal Venetian Canal July 31, 2007 Discussion Item Orange County Board of County Commissioners