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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 / , L-'" ~~ 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.