Item 8DAGENDA ITEM # 8D
OCTOBER 26, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Agreement with Town Center Agency on Street Fixtures and
Proposed Purchase of Holiday Decorations
SUBMITTED BY: Rick Carper, P.E., Public Works Director
DATE: October 19, 2009
BACKGROUND: Historic agreements for purchase and maintenance of street
fixtures (e.g., benches, banner arms and trash cans) between Atlantic Beach
(AB), the Town Center Agency (TCA) and Neptune Beach (NB) have lapsed.
There is a 2001 Interlocal agreement between AB, NB and City of Jacksonville
for maintenance of landscape and streetscape improvements. The TCA is not a
party to that agreement
The attached agreement provides a method "to protect the appearance of
the City Rights of Way in the Town Center, while still providing amenities to the
visiting public". It allows new fixtures /amenities to be purchased by the TCA
and donated to Atlantic Beach, and provides a mechanism for AB to control
placement of these fixtures in the right of way, while also committing the City to
maintain the installed fixtures.
As a related side issue, the TCA has approached both Atlantic and Neptune
Beach with a proposal to upgrade the public holiday decorations in Town Center.
In 2006, the Commission adopted a policy to limit holiday displays in Town
Center area to a secular holiday tree owned, erected and controlled by the two
cities. This request would require the City to amend that policy to allow the
proposed additional decorations. The TCA proposal includes new lights and
decorations for the holiday tree, three sets of large fiberglass presents for
placement near the tree and by the Town Center entrance pylons, holiday
decorated surfboards to stand beside the medjool palms on Atlantic from the
pylons to the circle and new banners. In addition to the decorated tree, both
Cities have traditionally installed `Snow Flake' lighted wreaths on the decorative
lampposts and single strands of white holiday lights around and from tree to tree
in Town Center. At their October 5th meeting, the Neptune Beach City Council
authorized their City Manager to work with the TCA on proposed holiday
decorations to be purchased by the TCA and to accept them for placement in
Town Center.
Staff met with TCA reps and agreed that the proposed holiday decorations would
be purchased by the TCA and donated to the Cities as discussed in the attached
agreement. City Managers for the two cities agreed that Atlantic Beach would
November 9"', 2009 Regular Meeting
AGENDA ITEM # 8D
OCTOBER 26, 2009
take the lead on having the new decorations installed by the TCA selected event
planner.
BUDGET: No City funds are budgeted for improvements to Town Center this year.
New fixtures or street furniture will be purchased by the TCA and donated to the
City for installation and maintenance. The proposed new holiday decorations will
be purchased by the TCA, but will be donated to the Cities. The TCA will
reimburse the City for the cost to install the new decorations.
RECOMMENDATION: Authorize the Mayor to sign the attached agreement and
also authorize the City Manager to approve decorations to be purchased by the
Town Center Agency and to contract for installation in the City Right of Way.
ATTACHMENTS: 1. Town Center Agency Agreement
2. June 12, 2006 Commission Meetings Excerpt
REVIEWED BY CITY MANAGER:
November 9`", 2009 Regular Meeting
AGENDA ITEM # 8D
OCTOBER 26, 2009
September 30, 2009
Subject: Agreement Between The City of Atlantic Beach and the Town Center Agency
Regarding Benches, Banners and Other Appurtenances Installed in the City Right of Way in
Town Center.
1. A method is needed to protect the appearance of the City Rights of Way in the Town
Center, white still providing amenities to the visiting public. The preferred method is that
only objects which are the property of the City may be placed or installed in the right ofi
way, whether for permanent display or on a temporary basis.
2. to view of the unique partnership between the City and the Town Center Agency (TCA},
the #ollowing agreement will govern the placement of all future improvements or
displays.
a. When the TCA desires to add additional objepts or replace existing objects
already in place, they will be offered as a lift to the City along with a preferred
location, means of installation or method of display.
b. The City at the option of the City Commission, may accept the objeck and direct
staff to have it placed as requested. If accepted, the object(s) will become the
property of the City and both parties shall execute any and all documents
necessary to transfer ownership to the City.
c. The Commission may decline to take possession of the object, in which case its
installation at any location in the right of way is not authorized. If an object is
accepted, installation will generally be completed by City forces. If installation is
complex, a contractor may be hired for the task. However, the contractor will be
working for the City, with costs to be reimbursed by the TCA.
d. Street furniture or other objects purchased with TCA funds and accepted by the
City will be installed in the Town Center area right of way.
3. Benches or other objects with written dedications will only be allowed as memorials to
individuals or families; signage for commercial benefit is not authorized.
4.
Signed
The City will be responsible for routine maintenance of installed fixtures. However, if a
bench or other appurtenance which is provided to the City by the TCA requires
replacement due to excessive corrosion or deterioration, the TCA will buy the
replacement for installation by City forces. ~ ~~~ ~. ~ ~{~~~, ~~ ~b r,~~~~
~1e..-~k I~~~
William 1. Gulliford, Mayor
City of Atlantic Beach
Date
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Edward ktnner Jo resid nt
Town Center Agency
Date ~ ~~,~ ~~ ~'~
AGENDA ITEM # 8D
OCTOBER 26, 2009
Jane 12.2096 REGUI.~A MMMISSION MEETING Page 4
Moved by Simmons, seconded by Borno
Votes:
Aye: 4 - Borno, Fletcher, Simmons, Wolfson
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
A. PoUcy on Holiday Displays in Town Center (City Manager)
City Manager Hanson reviewed the background of the issue. He stated that
the City never intended to discriminate against anyone, but ended up
involved in a legal suit as a result of trying to accommodate different
groups. He pointed out that now is an appropriate time to determine a
policy for the holiday display in the future. Mr. Hanson reviewed the
advantages and disadvantages of each of the options in the staff report, as
provided by the City's insurance attorney Michael Roper of Bell, Leeper
and Roper, P.A. He stated his recommendation to maintain the holiday
tradition as established and provided by the two cities. He asked the
Commission for a decision on the matter.
Motion: To Limit 6olidav disnlavs in the Town Center area to a secular
holidav tree which IS owned. erected. and controlled by the tw,
government entities and deav ><il other rearrests for private disnbvs.
The Commission discussed the issue. Mayor Wolfson noted that he has
spoken with Neptune Beach's Mayor Brown but that currently Neptune
Beach officials have not provided any feedback on the issue. He stated that
he would like to ensure that the City of Neptune Beach is in agreement with
the City of Atlantic Beach before moving forward. The Mayor proposed
that, since the property at Town Center is owned by both cities, the city
managers should meet in order to get an indication if they are in accord with
each other. Commissioner Simmons called the question.
Moved by Borno, seconded by Fletcher
Votes:
Aye: 3 - Borno, Fletcher, Simmons
Nay: 1-Wolfson
MOTION CARRIED
The Mayor clarified that he was not opposed to the motion but that he
wanted to provide Neptune Beach officials the courtesy of discussing the
issue before declaring a position on the issue.
B. Report on the Palms Apartment (City Manager)
City Manager Hanson asked Chief David Thompson, Director of Public
Safety, to present a report on the current situation at the Palms Apartments.