Legislation Details

File #: 24-077    Version: 1 Name:
Type: Informational Item Status: Agenda Ready
File created: 2/9/2024 In control: City Council
On agenda: 2/13/2024 Final action:
Title: City Council direction regarding acceptance of the Lee Wenner Park Pier.
Attachments: 1. Interlocal Agreement - Transfer of Lee Wenner Park 7-25-17.pdf, 2. Resolution No. 2017-131.pdf, 3. Lee Wenner Conveyance Recorded Deed January 2018.pdf, 4. Lease Termination Agreement & Mutual Release.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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CITY COUNCIL AGENDA ITEM

 

Memo Date:                                          February 9, 2024

Agenda Date:                     February 13, 2024

Prepared By:                                          Stockton Whitten, City Manager

Through:                                          Stockton Whitten, City Manager

Requested Action:                     

title

City Council direction regarding acceptance of the Lee Wenner Park Pier.

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BACKGROUND:

 

In July of  2017 Brevard County transferred to City Lee Wenner Park. The fishing pier was not included in the transaction. In the interlocal agreement outlining the transaction and particularly in regard to the pier the language read as follows; “The County will continue to own, maintain, and be responsible for the pier, more particularly described in ‘Exhibit C’ (‘Pier’).”

 

At a workshop of the City Council the Council directed the City Manager to approach the County expressing the Council’s desire to acquire the Pier.  On December 19, 2023, the Board of County Commissioners directed the County Manager to offer conveyance of the Pier to the City.  The 2017 Interlocal Agreement between the County and City contains the following language regarding the conveyance to the City.

 

“If at any point the County desires to convey the Pier, the County shall notify the City in writing of the County’s intent to convey the Pier. The City shall provide written notification to the County of its intent to exercise its right of first refusal within thirty (30) days of receipt of the County’s notice.  In the event the City fails to exercise the right of first refusal, this provision shall expire and the right of first refusal shall not bind the other purchaser. Noting herein shall require that the County maintain, reconstruct, or repair the Pier”

 

On approximately January 17, 2024, a letter was received from the County notifying the City of the Board of County Commissioners’ action offering to convey the Pier. The following information regarding the condition or the Pier and the costs to repair or replace the Pier are pertinent to the Council’s discussion as to whether or not to accept the conveyance.

 

•                     In 2014, Burgess & Niple, Inc. conducted a substructure bridge inspection of the fishing pier. The subsequent Lee Wenner Park Fishing Pier Substructure Inspection Report listed several repair recommendations.

 

•                     In 2021, Infrastructure Solution Services (ISS) was tasked to perform a comprehensive study of the existing structure and provide viable structural concepts for converting the existing structure into a public fishing pier. A summary of those findings, recommendations, and the complete results of that study are presented further in the City of Cocoa Cocoa Village Fishing Pier Redevelopment Concept Report. As part of the assessment, ISS subcontracted Burgess and Niple to update their Lee Wenner Park Fishing Pier Substructure Inspection Report.

 

•                     The conceptual costs were provided (shown below) for the pier. The Report also found that the bridge superstructure needs to be demolished even if the City does not move forward with the fishing pier.

 

 

The above total cost was an estimate provided in 2020. Due to inflation, the updated cost provided in June 2023 as an Engineer’s Opinion of Probable Cost is now closer $7,500,000. This includes the design and permitting of the Fishing Pier Refurbishing Project.

 

 

STRATEGIC PLAN CONNECTION: 

 

Investment in Public Infrastructure

 

BUDGETARY IMPACT:

 

The estimated repair and/or reconstruction costs are outlined above. Additionally, the City’s liability exposure would be increased if it becomes the owner of the Pier

 

PREVIOUS ACTION:

 

None

 

RECOMMENDED MOTION:

Recommendation

Staff is requesting direction from the Council on whether they want to accept conveyance of the Pier.