CITY COUNCIL AGENDA ITEM
Memo Date: September 21, 2021
Agenda Date: September 28, 2021
Prepared By: Bryant Smith III, P.E., CFM Public Works Director/City Engineer
Through: Bryant Smith III, P.E., CFM Public Works Director/City Engineer
Requested Action:
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Staff is requesting direction related to the budgetary requests in the draft Operations and Maintenance Lease and Agreement between Brevard Museum and Sciences Center Inc. and the City of Cocoa. End
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BACKGROUND:
At the March 23, 2021, City Council Meeting, the City Council unanimously approved a lease termination with The Florida Historical Society (FHS) for the operation of the Brevard Museum of History and Natural Sciences (Museum) and accepted the donation of various FHS assets and exhibits. The Council also approved a Budget Amendment to allocate funds for the temporary operation of the Museum through September 30, 2021.
The original agreement with FHS and the City commenced on March 13, 2019, and was intended to terminate March 12, 2089, which was a 70-year term. The tenant was responsible for all maintenance, repairs, alterations, and improvements related to the leased premises. The leased premises include the grounds, trails, landscaping, and all improvements, buildings, structures, and facilities in the condition as they existed upon the commencement of the lease.
At the June 1, 2021, Budget Workshop, the City Council voted (4-1) to cease all funding related to the previously leased premises. Subsequently, City Staff has been in discussions with a new 501(c)(3), known as the Brevard Museum and Sciences Center, Inc for the possible lease agreement of the Museum. In an effort to work towards a finalized lease agreement, Staff needs direction on the following items related to the proposals from Brevard Museum and Sciences Center, Inc. Pending the direction from the City Council related to the items below, Staff will bring a finalized agreement back to Council for approval.
• Removal of the trails from the leased premises. The City would then be responsible for all operations and maintenance related to these trails. Any events would have to be coordinated through the City’s Special Event Process. All volunteers would also need to work through the City’s volunteer process and be covered under the City’s insurance policies. The City Council would also need to allocate reoccurring budget for the maintenance and operation of these trails by the Public Works Staff.
• What is the desired term date for this agreement? The previous term was intended to be 70 years but terminated less than two years after commencement.
• One-Time contribution from the City in the amount of $15,000 for the purchase of various equipment and operating expenses.
• Reoccurring contribution from the City in the amount of $30,000/year and assistance from the City to help evaluate and prioritize repairs and capital replacements.
• Initial 6-month contribution from the City in the amount of $12,500 to help cover various utilities and contract services (electric, water, sewer, reuse, landscaping, pest control, security monitoring, fire monitoring, and solid waste services). Also seeking an additional $12,500 if additional financial assistance is needed beyond the initial 6-month timeframe. This would be a budgetary impact of $25,000 for the next fiscal year. Note that these estimated costs may not cover the complete costs related to the operation of the museum if the hours of operation are increased.
• Seeking assistance from the City to ensure that all ADA-related requests arising out of the Tenant’s use of the leased premises are accommodated. The budgetary impact of this is unknown. This would likely equate to a large expense since the building predates most ADA Requirements.
STRATEGIC PLAN CONNECTION:
N/A
BUDGETARY IMPACT:
Budgeted No
If not budgeted, is amendment/transfer attached? No
Fiscal Year 2022 Impact:
Equipment and Operating - $15,000
Reoccurring Capital - $30,000
Utilities and Contract Services - $25,000
Total - $70,000
Future Year Expenses: $30,000
Note that this does not include Operation and Maintenance of the trails or assistance in ADA improvements.
PREVIOUS ACTION:
June 1, 2021, Budget Workshop, the City Council voted (4-1) to no longer fund the operations and maintenance of the Museum.
RECOMMENDED MOTION:
Recommendation
Staff is requesting direction related to the budgetary requests in the draft Operations and Maintenance Lease and Agreement between Brevard Museum and Sciences Center Inc. and the City of Cocoa.