General Policies & Procedures

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III. General Policies and Procedures

The following guidelines concern Council members’ attendance at professional meetings and the policy regarding materials and services available to the Council. They are established to facilitate consistent municipal operations.

A.    Professional Meetings.

The Mayor and Council are allocated a set amount of money, established when the budget is adopted, to be used for expenses incurred when attending professional meetings.

1.    Attendance. Council members are free to choose which, if any, professional meetings they wish to attend.

2.    Expenses. The following guidelines set forth Town policy regarding travel advance and reimbursement cost limits.

a.    Registration Fee. The Town will pay all registration costs.

b.    Transportation. For travel within a two hundred mile radius, the Town will pay round-trip train or bus fare, or the current mileage reimbursement rate per Internal Revenue Service guidelines for a private auto, providing the mileage cost does not exceed the cost of air travel. The Town will pay round-trip coach fare on the appropriate common carrier for locations two hundred miles away or more.

c.     Lodging. The Town will pay the actual cost of lodging.

d.    Meals. The Town will pay a per diem based on the Town’s current travel policy for in-State and out-of-State travel. Please refer to Section 5.2d of the Town’s Administrative Policies and Procedures Manual for specific details.

OR: The Town will pay for the actual cost of meals if receipts are submitted. In addition, the Town will pay the actual amount of all officially authorized conference meals which are not included in the original registration fee.

e.    Miscellaneous Expenses. Any miscellaneous expenses incidental to Town business must be explained and documented in detail to the Finance Director. One personal telephone call per day of three minutes or less is reimbursed.

f.     Improper Expenses. Expenditures of the following nature are not eligible for reimbursement:

1.    Expenses for the Council members’ families;

2.    Meal or other expenses incurred prior to or after the end of the conference (with the exception that meals while traveling to and from are permitted);

3.    Rental of an automobile where other means of transportation are less costly;

4.    The cost of alcoholic beverages or parties and entertainment; and

5.    Telephone calls or telegraph messages except for the purpose of undertaking necessary Town business (except as noted in (e) above).

3.    Procedure for Making Reservations. A Council member may request the Manager’s Office to make reservations. The Council members should complete the conference registration form, the request for room reservations, and the request for an advance and submit these forms to the Manager’s Office. Request for travel advances require at least two weeks for processing. The Manager’s Office will then submit the completed forms to the Finance Director for certification of the availability of funds. The Finance Department will then write the required checks. The Manager’s Office will make the necessary reservations and inform the Council member of reservations and payments made and forward the requested advance.

4.    Reimbursement. If an advance is obtained, proof of expense incurred (receipts) must be submitted to the Finance Department after the trip, and unspent money must be returned. If a reimbursement is requested, receipts must be attached to the appropriate form (Manager’s Office can provide this) at the time of submission. Requests for reimbursement will usually be honored within two weeks of official documentation of expenses.

B.    Services and Materials Available to the Council.

1.    Supplies. Office supplies, paper, folders, etc., are available for Council members upon request. The procedure for obtaining supplies is to request them through the Town Clerk’s Office who will provide them immediately if the item is available, or requisition them.

2.    Duplication. Up to twenty copies of a document may be obtained from the Town Manager’s Office immediately upon request. For more than twenty copies of a single document, the Council member should present the original to the Town Clerk’s Office. The original document and copies will be returned to the Council member as quickly as possible, usually the same day.

3.    Periodicals. Each Council member receives the following magazines from subscriptions arranged by the Town through membership in government associations.

a.    National Cities Weekly, published by the National League of Cities.

b.    Popular Government, published by the UNC Institute of Government.

c.     The Mayor, published by the U.S. Conference of Mayors (available in the Mayor’s Office).

d.    Southern City, published by the N.C. League of Municipalities.

Council members may request subscriptions to additional publications which will be paid for out of the Council’s budget appropriation. All such additional subscriptions must be in the name of the Town Council and received at 306 North Columbia Street. They must be kept in the Town Hall except for brief lending periods. A single subscription to any such publication is considered sufficient for the entire Council and the Mayor.

4.    Books. Council members may order books of interest to the Council through the Town Clerk’s Office. The books will then become part of the municipal collection to be loaned for short time periods only.

5.    Reference Materials. The following materials are distributed to Council members when they assume office for use throughout their terms:

a.    Code of Ordinances of the Town of Chapel Hill (located in Council members’ offices).

b.    Chapel Hill Town Council Procedures Manual.

Council members are expected to return these items to the Town at the end of their terms for distribution to new members. The Town Code of Ordinances should remain in Council members’ offices.

6.    Town Hall.

a.    Rooms. The Council Conference Room, the Council Chamber, and other rooms may be reserved for official meetings through the Town Clerk’s Office.

b.    Telephone. The telephones in the Council members’ offices may be used for local calls and business-related distance calls.

7.    Voice Mail. Voice mail is provided to Council members on their Town Hall business phones if they choose.

8.    Email. Email is provided to Council members at their residences.

9.    Computers and High-Speed Internet Access. Computers and high-speed Internet access are provided to each Council member at their residences.

C.    Procedure for Evaluation of Town Manager and Town Attorney.

Town Attorney

1.    Purpose. The purpose of this procedure is to establish a regular annual process for evaluating the Town Attorney, for communicating the evaluation results, and for following up on the outcome of the evaluation.

2.    Evaluation Goals. Goals of the annual evaluation are:

a.    To ensure a regular review of the Attorney’s performance.

b.    To provide an opportunity for constructive discussion of Council-Manager and Council-Attorney relationships.

c.     To set priorities for the Attorney’s agenda during the coming year.

d.    To establish the Attorney’s salary for the coming year, to be effective at the first October pay period.

3.    Evaluation Schedule.

Evaluation will be conducted each year no later than October.

Steps in the process will be:

a.    Completion of evaluation forms by individual Council members.

b.    Data gathering by the Mayor on comparable salaries. The Human Resources Director will provide such assistance as the Mayor may need.

c.     Closed Session of Council to discuss evaluation results and to decide on matters for discussion with Attorney.

d.    Closed Sessions of Council and Attorney to discuss evaluations, relationships, and priorities.

e.    If desired, written response to Council by Attorney on evaluation matters and priorities.

4.    Town Attorney Evaluation Form.

The Council will determine the guidelines for evaluating the Town Manager and Town Attorney.  

Town Manager

1.    Purpose. The Town Council is responsible for conducting an ongoing performance evaluation process for the position of Town manager. The purpose of this process is as follows:

a.    To establish Performance Objectives for the Town Manager that are aligned with, and intended to execute, the vision and strategy of the Town Council;

b.    To assure that action plans to implement those objectives are developed as that the required resources are available;

c.     To provide feedback to the Town Manager on his/her performance against those objectives;

d.    To provide an opportunity for feedback from manager to Council;

e.    To consider the Town Manager for an annual salary increase and determine the amount of the potential increase.

2.    Process. This process will follow an annual cycle beginning with the Town Manager’s employment anniversary date. The Town Council will meet, in closed session, with the Town Manager three times a year to execute this process. (As an example, if the anniversary date is in September, meetings would be held in February, June and October):

a.    First Session (February, for example):

Focus: Developing a shared, written agreement of the Manager’s Performance Objectives for the next year. All relevant Town Council documents and actions should be considered as input to these Performance Objectives. (e.g., the Comprehensive Plan, Budget and a Strategic Plan.) Performance Objectives should include specific, measureable action items (the “what”) as well as the values, knowledge and skills needed to deliver them (the “how”). Based on these documents and other input from the Council, the Manager will propose a set of objectives to be reviewed and modified by the Council in discussion with the Manager.

b.    Second Session  (June, for example):

 

Focus: Evaluating performance against agreed upon Objectives and modifying Objectives as appropriate based on current conditions (e.g., Budget approval and allocation of resources)

At the end of each quarter, the Manager will provide a written update of progress against each Objective. This document should be the basis of discussion to assure that there is strategic alignment between the Town Manager and the Town Council. The Town Council should assure that all Objectives remain relevant, add any new ones as appropriate and re-prioritize, if necessary.  The Town Council must assure that any committed resources are still available. Any resetting of Objectives should also be closely tied into the Strategic Planning Process.

 

d.    Third Meeting (October, for example):

Focus: Annual Performance Evaluation and Salary Consideration Feedback should be gathered formally from Council. Council should evaluate both the “what” and the “how” aspects of the Objectives. Feedback from the Senior Management team should also be gathered at this time for development purposes. Community feedback can also be considered. The Town Council should conduct its salary consideration in this this meeting. Finally, this annual review should include some discussion of the Town Manager’s development plan for the next year, with Council giving guidance to the Manager based on experience from the previous year.

c.     Other Considerations

a.  The Town Manger evaluation process should align with the process that the Town Manager uses to evaluate Town staff. This process should be owned and executed by the Town’s Human Resources Development department, who must ensure that it is designed and implemented in an efficient, fair and consistent manner.

b. In each annual cycle, it is imperative that the Town Manager be evaluate against the agree-to Performance Objectives.

c. The Council may consider using an outside, neutral, facilitator to facilitate the three review meetings. Human Resources should assure that the process is well documented.

d. The time guideline for the first two meetings is ninety (90) minutes each. The annual performance evaluation meeting should be at least three hours.

It should also be noted that this forma, annual review process, is not intended to displace the informal, ongoing discussions between the Town Manager and any individual Council member. Any Council member should feel free to provide feedback on a one-on-one basis, or to request more information on any specific action item, on an ongoing basis.

D.    Naming Public Facilities.

1.    Establishing a Standing Committee on Naming Facilities.

The Council will appoint a standing Naming Committee to make recommendations for naming or dedicating Town facilities, and for placing any permanent markers or plaques on Town property. The Committee will include two or more Council members.

2.    General Procedures for Receiving and Considering Proposals to Name or Rename Town Facilities.

The following process will apply to naming and renaming Town facilities such as buildings, parks, greenways, bikeways, public plaza areas, nature trails, etc. and to arterial and collector streets as defined in the street classifications in the Chapel Hill Design Manual.

Separate procedures as authorized below apply to naming and renaming of residential streets (excluding collector and arterial streets) as classified in the Town’s Design Manual.

a.    Requests to name Town facilities will be considered in the following ways:

1.    Written or oral petition from citizens to the Committee or the Council in a regular business meeting

2.    Written or oral petition from an advisory board or commission.

3.    Written or oral petition from the Mayor or any Council member.

4.    Written or oral request from a donor of a property or a gift who may request a specific recognition as part of offering a gift to the Town.

b.     All requests will be referred to the Naming Committee, which will make recommendations to the Council for a final decision.

c.    The Naming Committee will observe the following process for developing and submitting recommendations to the Council. The Committee will:

1.    Seek ideas from appropriate Town boards and commissions and other community organizations or citizens before making preliminary recommendations.

2.    Invite comments on preliminary recommendations. When the Committee develops preliminary recommendations for naming facilities, it will distribute news releases to the media, to relevant community organizations, and otherwise seek comments from citizens for at least one month. The Committee may publish paid notices of proposed facility names, and may or may not hold public forums.

3.    Submit recommendations for naming or renaming facilities to the Council for consideration at a regular business meeting. The Committee may also recommend deferring or not naming facilities.

3.    General Policies for the Naming Committee:

a.    The Committee will not, except in unusual circumstances, recommend names which would duplicate or be similar to names of other facilities, including streets.

b.     The Committee’s recommendations to the Council will include a summary of comments received from Town boards, community organizations, and citizens, as well as copies of written comments.

c.    The Committee should give strong preference to naming a facility for persons who are deceased. Naming a facility for a living person will only be considered under extraordinary circumstances.

d.    The Committee can distinguish between naming a facility for someone and dedicating a facility or portion of a facility in someone’s honor. A dedication means that the facility will bear a plaque or marker stating the dedication to the person; however, the facility will not be known by the name of the person.

4.    Consideration by the Council.

In addition to receiving the Naming Committee’s and Town boards’ recommendations, the Council will ordinarily receive brief comments from citizens at regular Council meetings, and may establish time limits in accord with the Council’s customs and procedures.

Written comments from citizens, community organizations and boards and commissions are invited.

The intent of this policy is that the Council would not call a public hearing to receive comments except in unusual circumstances in which a large number of citizens desire to address the Council.

After a decision by the Council to name or rename a facility, the Manager shall be responsible for implementation in accord with the Council’s guidance.

5.    Policies for Naming and Renaming Residential Streets.

a.    New streets. In new developments, residential streets shall be named under current procedures normally involving developers’ submittal of names for approval by the Manager, or, if applicable, in accord with conditions of a development permit. Unless otherwise directed by the Council, the Manager is authorized to name entrance streets or drives to Town facilities, if appropriate, as part of the development process.

b.     Existing streets. To rename an existing publicly maintained residential street, a group of citizens may request the Town Manager to approve its renaming. Names shall not duplicate or be similar to names of existing streets or facilities. The Manager is hereby authorized to establish administrative procedures to carry out this policy.

Any determination or decision by the Manager may be appealed to the Town Council by a resident or owner of property abutting a street proposed to be renamed.

Amended by Resolution (2003-09-22/R-9).

6. Policies for Dedications and Memorials

a.   This policy is applicable to all dedication markers, plaques or memorials proposed to be placed on or in any Town-owned facility or public open space within the Town of Chapel Hill. All such dedications and memorials will be required to conform to this policy. 

b.   This policy replaces any previous approval or process in regard to the installation of a dedication marker, plaque or memorial within the Town of Chapel Hill.

c.   Existing memorials or plaques cannot be employed as precedent for future approvals.

d.   Any alterations to an existing memorial will need to comply with this policy. This policy does not prevent maintenance or conservation of any previous memorial that does not comply with this policy.

e.  This policy does not involve naming of buildings or facilities.

f.   This policy is not applicable to public art, unless the art is commemorative.

g.  This policy is not applicable to dedications or memorials on privately-owned property.

h.  The policy is applicable to dedication markers, plaques and memorials installed on Town-owned property and public spaces.

A. DEFINITIONS

1.  Dedications: To remember or honor a particular person, organization or entity. A dedication means that the facility or equipment may bear a plaque or marker stating the dedication to the person; organization, or entity. Facility or equipment include, but are not limited to:

Art Installation
Book
Distinctive portion of facility
Fountain
Furnishing
Garden
Gazebo
Picnic Shelter
Playground
Playing Field
Retaining Wall
Section of greenway or trail

2. Memorial: An object that is designed to preserve the memory of a person, group, association, event or occasion. Potential objects may include, but are not limited to:

Commemorative Art
Commemorative Bench
Commemorative Garden or Tree
Commemorative Markers
Commemorative Monuments

 

B. POLICY STATEMENT

1. To provide a policy to guide Council, town staff and the general public on the placing and installation of dedication markers, plaque or memorials.

2. To ensure the design and siting of dedication markers, plaque or memorials is consistent with community interest.

3. To ensure that the placement of dedication markers, plaque or memorials:

a. Conserves the natural, heritage and cultural character and environment of the Town's public facilities and open space. While appropriate dedication markers, plaques, and memorials may enrich an area, public facilities and open space are also a precious commodity. Therefore, monuments, memorials, markers, and plaques should be carefully reviewed to balance these two public benefits to protect the greater good.

b. Proposed projects must serve to commemorate or to identify a particularly significant historic event, person, entity or organization, with a long standing affiliation with the Town.

c. Projects that seek to honor particular individuals or events by placing them into the public realm should appeal to the broader interests of the community.

d. The Committee should give strong preference to persons who are deceased. Council may waive this requirement for those individuals with exceptional community significance in cases of extraordinary and compelling circumstances.

e. To warrant that the placement of any dedication markers, plaques or memorials does not present a safety risk now and in the future.

f.  Does not attract vandalism or future expenditure.

4.  In an effort to accept contributions for a variety of small facility related equipment and supplies that may bear a small plaque or marker, a catalog program may be developed to establish a minimum donation for items such as benches, commemorative trees, picnic tables, computers, etc. Catalog programs help potential benefactors consider what their donation may acquire. Contributions for items included in a catalog program shall cover all necessary design, installation and maintenance costs. Acceptance of contributions shall be approved by the Town Manager for content, method of program, and conformance to a set of guidelines. Funding for catalog items shall be paid in full prior to installation.

C. MEMORIAL OR DEDICATION CRITERIA

1. Facility Dedication plaques and markers, and memorials, will only be considered where they satisfy at least one of the following criteria:

a.  Persons of outstanding civic service to the Town of Chapel Hill

b.  Significant historic places or events for national, state or local significance

c.  Significant financial contribution to the mission of the Town of Chapel Hill

d.  Significant material contribution to the mission of the Town of Chapel Hill

e.  Documented community support through a catalog program

f.  Specific criteria for the Peace and Justice Plaza Marker

  • Once a year, the Naming Committee may bring forward to the Council for consideration the names of persons nominated to be honored on the Peace and Justice Plaza marker.
  • Nominees for the Peace and Justice Plaza marker must be deceased.
  • Nominees must have demonstrated a lifelong commitment to furthering the causes of peace and justice in Chapel Hill.

D. PROCEDURES

1.  All costs associated with the proposed memorial or dedication, including planning, design, construction, utilities, and routine maintenance for a minimum of ten years, shall be the sole responsibility of the person(s) or organization(s) requesting the memorial or dedication.

a. Full funding for the memorial or dedication shall be paid prior to the start of planning, design and construction. The estimated cost of routine maintenance for a minimum of ten years may be deposited in an escrow account. Escrow accounts shall not be required for catalog programs.

b. Donors will be required to sign a statement acknowledging that the Town is under no obligation to absorb future costs to maintain or to replace stolen, vandalized, irreparably damaged or destroyed dedication and memorial installations.

c.  The Town may consider contributing funds to a dedication or memorial only when the dedication or memorial is for a purpose that has broadly affected the community. 

d.  In the event that a dedication and memorial installation is damaged, and in the event the original applicant chooses not to fund repairs/replacement, or the original applicant is no longer in existence, the Council may resolve to either repair or remove the dedication or memorial.

2. In all cases involving memorials or dedications, only the memorial or dedication itself may be named. The facility name shall remain unchanged.

3.  The location, design and configuration of a proposed memorial or dedication shall be in keeping with the facility purpose and usage and shall not interfere with public's use of the facility.

4. The type, size, font and placement of plaques, monuments and signs installed or placed at Town facilities shall be at the sole discretion of the Town.

5. Ecologically Sustainable Development- The placement of memorials in the Town of Chapel Hill is to be consistent with the principles of ecologically sustainable development.

6. Existing Sites- The placement of memorials will take into account the number of existing memorials, artworks or other objects in the vicinity of the proposed new dedication or memorial.

7. Town staff hall participate in the planning, design, and construction of a memorial or dedication, if relevant.

a. Offensive elements- A memorial will not be considered if it may reasonably be considered offensive by members of the community.

b. Religion and Political Affiliations- A memorial will not be considered for the purpose of supporting any religious or political positions or beliefs. Religious or political groups can be considered if the applicant can prove to the Council's satisfaction that the group or person proposed for the memorial has contributed significantly to the community and that the memorial is not intended to promote any particular religious or political viewpoint.

c.  Development Regulatory Review- Certain types of memorials may also require development approval under Town Ordinances. The applicant is required to submit a development application. Such development approval should be sought after approval of the memorial prior to commencement of the work. The application to Council must state if the Ordinance permits the memorial and if development review is required.

8.  A request to dedicate or memorialize a person, organization, entity or event may be initiated by one or more citizens, or donor of a property or a gift, an advisory board or commission, a Mayor or any council member,

a. A Dedication and Memorials Application ("Application") shall be submitted to the Town Council's Naming Committee ("Naming Committee"). The Application shall include letters of support, articles, documents, and other evidence demonstrating broad-based community support as evidence of fulfillment of the established criteria herein. Participation in a catalog program does not necessitate a Dedication and Memorials Application.

b. Applications that are determined to be incomplete, without sufficient support, or that are otherwise inconsistent with this Policy will be returned to the applicant together with a written explanation for the return. The applicant may resubmit the Application at any time with new or additional information to correct the insufficiencies identified by the Town Staff.

c. Once an application is determined to be complete, the Council's Naming Committee will review the Application and determine if it is consistent with this Policy. If consistent, a recommendation may be prepared for consideration by the Town Council. The requestor will be notified of the date for review by the Town Council.

9.  A letter notifying the applicant of the Council's decision will outline, if applicable, those areas that did not meet the criteria.

10. All dedication and memorial donors must sign a statement with the Town, confirming terms and conditions. Signature will constitute agreement with the procedures and stipulations within this policy.

11. A charitable tax receipt will be issued by the Town to any donor of material or financial contribution.

Amended by Resolution (2015-06-08/R-5).

E.    Council-Adopted Policies and Procedures

1.    Acceptance of Gifts. The Council adopted the following resolution on November 26, 1980:

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby adopts the following policy on gifts and donations:

Section 1. The purpose of this policy is to establish a uniform policy for accepting gifts and donations made to the Town of Chapel Hill.

Section 2. Any gifts or donations solicited by or received by the various boards and commissions appointed by the Town Council are construed to be gifts or donations to the Town and therefore governed by this policy.

Section 3. The Council of the Town of Chapel Hill shall be informed through the agenda process of the following types of gifts and donations and shall make a determination in a regular business meeting of whether or not to accept the following types of gifts and donations:

a.    real estate

b.     personal property, ownership of which would require a significant expenditure of Town funds, and

c.    cash to be used for a specified program or purpose which is not included in a current operating plan for the Town.

Section 4. The Council of the Town of Chapel Hill hereby delegates to the Town Manager the authority to accept other gifts and donations, such as:

a.    unrestricted cash,

b.     cash to be used for a specified program or purpose which is included in a current operating plan for the Town, and

c.    personal property that does not require a significant expenditure of Town funds.

Established by Resolution (80-R-219) on November 26, 1980.

2.    Authorization for Manager to Enter into Contracts.

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to prepare, approve, and enter into the following contracts:

Contracts for construction, alteration, renovation or other physical improvements for which Council has accepted formal bids and awarded the contract to a particular company.

Change orders and amendments to construction contracts which do not cumulatively exceed the bid originally approved by the Council by more than 10% of the original contract amount, or $50,000, whichever is less, and provided that there is an appropriation sufficient for the contract amendment.

Construction contracts for which formal bids are not required under State law.

Contracts for purchase of equipment or supplies for which the Council has accepted bids and awarded the contract to a particular company.

Service contracts for which funds are included in the budget.

Performance contracts with non-profit agencies and other governmental units in accord with the budgetary authorization of Council and any specific directives and requirements expressed by Council.

Agreements that the Town will provide a service in return for a reimbursement, grant, or other consideration, provided that the service is consistent with any relevant policy direction by Council and with approved program objectives and that the cost can be accommodated within appropriations.

Rental by the Town of building space, land or equipment, provided that sufficient funds are appropriated.

Excerpt from Council minutes of March 8, 1982 and as amended November 9, 1992.

3.    Authorization for Manager to Enter into Encroachment Agreements.

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to prepare, approve, and enter into encroachment agreements, and licenses in a form satisfactory to the Town Attorney, regarding Town and N.C. DOT rights-of-way for the construction and/or installation of utilities and appurtenant items, grading, paving, curb and gutter, sidewalk, drainage pipes, ditches, signs, structures, landscaping, planters, rock walls and other similar improvements or modifications within the rights-of-way when such encroachments will not adversely affect public passage or other public purposes within such rights-of-way, and consistent with such additional or supplemental policy guidance as Council may from time to time provide by resolution.

Established by Resolution (85-R-13) on January 14, 1985.

4.    Authorization for Purchasing Agent to Dispose of Personal Property Valued at Less than Five Thousand Dollars ($5,000).

A RESOLUTION ESTABLISHING A POLICY AND PROCEDURE FOR DISPOSAL OF PERSONAL PROPERTY VALUED AT LESS THAN FIVE THOUSAND DOLLARS ($5,000) FOR ANY ONE ITEM OR GROUP OF ITEMS (2000-01-10/R-11)

WHEREAS, N. C. General Statute 160A-266c was amended effective July 1, 1997, authorizing Town Councils to adopt regulations prescribing procedures for disposal of personal property valued at less than five thousand dollars ($5,000);

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill:

1.    The Purchasing Agent is authorized to declare surplus any items of personal property reported in writing as surplus by a department head and which value is estimated to be less than five thousand dollars ($5,000);

2.    The Purchasing Agent is authorized to dispose of surplus personal property valued at less than five thousand dollars ($5,000);

3.    The Purchasing Agent is authorized to sell items of fair market value under $5,000 and to convey title of said property on behalf of the Town; and

4.    The statute has revised the procedure that the Purchasing Agent no longer has to report the sale to Council. The Purchasing Agent is to keep a record of items sold, including description, to whom items are sold, and amount received for each item.

BE IT FURTHER RESOLVED that the purpose of this resolution is to facilitate the sale of such property and secure for the Town a fair market value.

Established by Resolution (2000-01-10/R-11).

5.    Use of Public Streets.

WHEREAS, the streets and thoroughfares within the corporate limits of the Town of Chapel Hill are designed to accommodate the safe movement of vehicular traffic; and

WHEREAS, the use of streets, and thoroughfares for purposes other than vehicular traffic can cause conflicts and hazards and potential injury to motorists, other citizens and property along streets; and

WHEREAS, the Town has enjoyed a long - cherished tradition of the right of citizens to exercise their rights of free speech and assembly; and

WHEREAS, for many years, two areas along the Franklin Street right-of-way have been permanently designated as locations where citizens can peacefully protest, demonstrate, hold vigils, solicit donations and support for various causes, policies, laws, and actions; and

WHEREAS, Chapter 21, Section 7.1 of the Town Code of Ordinances regulates the closing of public streets; and

WHEREAS, the Council of the Town of Chapel Hill has authorized by ordinance, street closings for major community events, i.e., street fairs, parades, etc. during times of low traffic volume and said street closings are authorized with conditions specifically addressing the orderly flow of vehicular traffic using alternative routes, proper barricading and separation of vehicles from pedestrians, and prior notification and plans for the orderly provision of police, fire, rescue and public transportation services; and

WHEREAS, Chapter 11, Article IX, Section 91 - 95 provides for Temporary Outdoor Activities in or Near Parking Lots or Public Streets and the intent of this article is to protect the health, safety and welfare of drivers, pedestrians and other persons participating in or in the vicinity of outdoor activities in or near parking lots or public streets; and

WHEREAS, permits may be issued for outdoor activities such as carnivals, fairs, demonstrations, exhibitions, etc., only upon compliance with standards and conditions to protect the safety of citizens and to properly separate vehicles from pedestrians; and

WHEREAS, current practice allows the Chief of Police to temporarily restrict the flow of traffic for a period not to exceed 30 minutes for parades, processions, bicycle or foot races, provided pedestrians, and/or bicyclists are adequately protected from conflict with motorized vehicles and such activities are during periods of low traffic flow and under most circumstances can be limited to sidewalks or one travel lane of multi-lane streets, therefore impeding the flow of traffic only at street crossings, which are protected by officers and street monitors; and

WHEREAS, unapproved and spontaneous or unplanned events or demonstrations in the public streets of the Town jeopardize the health, safety and welfare of motorists, other persons and property along streets;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, believing that the primary purpose of Town streets and thoroughfares is to provide for the safe and orderly flow of vehicular traffic, does not condone the use of public streets for unauthorized spontaneous uses such as parties, demonstrations and other unplanned events.

BE IT FURTHER RESOLVED that the Council of the Town of Chapel Hill believes spontaneous mass pedestrian use of streets has the potential of seriously jeopardizing the health, safety and welfare of citizens and property.

BE IT FURTHER RESOLVED that the Council strongly encourages and pledges its support to the leadership of groups and organizations, including the University of North Carolina in planning events so as not to conflict with the safe and orderly movement of traffic and to hold events in locations that are appropriate for outdoor events and do not jeopardize, but take all reasonable and prudent precautions to protect the citizens’ health, safety and welfare.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill, that the Council supports the Mayor, Manager and Chief of Police in carrying out the powers vested in them by law to protect the health, safety and welfare of the citizens of Chapel Hill, protect property and in preserving order in the community.

Established by Resolution (87-3-9/R-22) on March 9, 1987.

NOTE: Please refer to the Administrative Policies and Procedures Manual for the following:

§  General Meeting Room Policy, Section 5.6c

§  Designation of a Public Forum for Displays in Town Hall, Section 5.6d

§  Use of the Court Room in the Post Office, Section 5.6e

6.    Selection of Architectural and Engineering Professional Services.

 a.     Public Policy.

To select the best suited firm or individual to provide professional architectural and engineering services to the Town based upon the demonstrated competence and qualification of the firms and individual to provide the type of services required.

b.    Objectives.

1.    To select firms or individuals which are best suited to provide professional architectural and engineering services to the Town on a contractual or performance agreement basis, in consideration of:

a.    Quality and timeliness of past work for the Town and other clients, as indicated by references or other research.

b.    Amount of experience in performing work relevant to that sought by the Town.

c.     Resources available to perform work and meet Town requirements, including:

                                                                                 i.        ability to meet the desired schedule.

                                                                                ii.        staffing and equipment.

                                                                               iii.        training, knowledge and skills.

                                                                               iv.        availability and commitment of key persons.

d.    Proposed terms and conditions of service including:

                                                                                 i.        responsiveness to the Town’s request for proposals.

                                                                                ii.        contractual obligations to other clients.

                                                                               iii.        meeting regulatory requirements, e.g., in connection with grant funded projects.

                                                                               iv.        when applicable, providing performance guarantees, co-insurance and/or indemnification protections to the Town.

                                                                               v.        willingness of the firm to provide the desired services at a fair and reasonable fee. In accord with State law, fees shall be negotiated after selection of a firm or individual based on competence and qualifications.

                                                                               vi.        any requirement for assistance by Town staff, use of Town office space or equipment, etc.

                                                                              vii.        any other factors which the Town determines are relevant in considering a specific proposal or group of proposals.

2.    To enhance professional service opportunities for people who are members of minority groups or who are women, and for firms which are primarily owned by women and/or members of minority groups; to make selections without regard to race, color, sex, age, religion, national origin, marital status or non-job-related handicapped status.

3.    To enhance opportunities for private businesses to provide services on terms which are in the best interest of the Town.

4.    To comply with applicable national and State laws and regulations.

c.    Scope.

This policy shall apply to selection of architectural and engineering services.

d.     Procedures.

1.    The Town shall request written proposals for architectural and engineering services when the expected cost of such services would exceed $30,000, and the Town may use the following procedures for contracts of lesser amounts.

For services expected to cost more than $30,000, the Manager shall:

a.    Maintain files listing individuals, firms and associations which have requested in writing to receive notices of Requests for Proposals (RFPs). The Town may require the use of forms for this purpose.

b.    Send RFPs or notices of RFPs to any individuals, firms or associations which have filed written requests with the Town for such notices. The Town shall not be required to mail lengthy RFP documents, but may send RFP notices so that an interested party may pick up an RFP in a Town office. The Town may require RFPs to be returned and may require reasonable reimbursement for copying lengthy RFP documents.

c.     Cause RFPs to be announced and publicized at least in the Triangle area (Wake, Durham and Orange Counties) by such means as the Manager deems reasonable in cost and effectiveness; such methods may include publishing legal notices or advertising and issuing news releases, in addition to mailings to parties which have requested notice.

d.    Send RFPs or notices of RFPs to minority and female business organizations.

e.    Subject to applicable laws and regulations, the Town Manager or the Council, as applicable, shall award and enter into contracts on the basis of considerations generally described in Section II, Objectives.

2.    The Town Manager is authorized to enter into contracts on behalf of the Town pursuant to resolution 82-R-40 of March 8, 1982. (See E.2. above.)

3.    Notwithstanding the above, the Town Council may direct the submittal to the Council of proposed agreements and/or resolutions requesting proposals, awarding contracts, etc.; and may prescribe advertising and proposal evaluation procedures for specific agreements.

4.    This policy shall be subject to and superseded by applicable laws, regulations and contracts.*

5.    The term Town Manager shall include the Manager’s designee.

6.    The Town Manager may issue administrative regulations and procedures to implement this policy.

*See also Chapter 5, Article VII of the Code of Ordinances, enacted May 12, 1997.

7.    Student Government Liaison to the Town Council.

A RESOLUTION REGARDING A STUDENT GOVERNMENT LIAISON TO THE TOWN COUNCIL (88-02-08/R-1)

WHEREAS, the Town Council received a petition requesting University of North Carolina at Chapel Hill student representation on the Town Council; and

WHEREAS, the Town Council encourages knowledge of and participation in Town affairs by students; and

WHEREAS, the Town Council recognizes that University of North Carolina students are a major part of the population of the Town, and is interested in students’ views on all Town-related issues affecting students;

NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Chapel Hill recognizes a University of North Carolina Student Liaison to the Town Council who shall be the Student Body President or his or her designee.

BE IT FURTHER RESOLVED that said Liaison shall receive the published agenda packet for the Town Council meetings and shall have a place reserved for him or her in the Meeting Room; and, who, further, shall be recognized as the formal line of communication between the Town Council and the UNC Student Government.

BE IT FURTHER RESOLVED that a copy of this resolution shall be placed in and be a part of Section III(D)* of the adopted Town Council Procedures Manual.

Established by Resolution (88-2-8/R-1).

8.    Establishment of a Percent for Public Art Program for Town Funded Capital Improvements Projects

AN ORDINANCE ESTABLISHING A PERCENT FOR PUBLIC ART PROGRAM FOR TOWN FUNDED CAPITAL IMPROVEMENT PROJECTS (2002-03-04/O-1)

BE IT ORDAINED by the Town Council of the Town Of Chapel Hill that the Council does hereby establish a program for supporting art in public places as follows:

Section 1. Findings and purposes.

The Town Council does hereby find that:

a.     Expanding the opportunity for the citizens to experience public art will promote the general welfare of the community; and,

b.    Providing for art in public places will enhance the aesthetic quality of public buildings and spaces; and,

c.    Supporting public art will further the objectives of the Town established in the Town’s Comprehensive Plan.

d.     Enhancing the appearance of buildings and spaces provides benefits to the community by expanding the historical, cultural and creative knowledge of citizens.

e.    Providing art accessible to the public and to the users of Town buildings and parks will improve of the quality of life in Chapel Hill, and more specifically will

§  help define the community’s identity and sense of place,

§  promote social interaction and discourse,

§  bring the arts into everyday life and

§  memorialize the past while expressing shared values for the future.

Section 2. Percent for Public Art Program Established.

A Percent for Public Art Program is hereby established to help define the community’s identity and sense of place, promote social interaction and discourse, bring the arts into everyday life and memorialize the past while expressing shared values for the future.

Section 3. Selection of Sites for Public Art Annually.

The Council shall decide annually which capital budgets shall include 1% or another amount for public art, and on which sites the artwork should be located.

Section 4. Authorization to Commission, Acquire, Maintain and Conserve Art

The Town Council’s authorization to commission, acquire, maintain and conserve art shall be consistent with Council adopted policy and shall include input from the public as well as from the Chapel Hill Public Art Commission.

Section 5. Policies for Implementation of Percent for Public Art Program by Council.

The Council’s Policies for implementation of the Percent for Public Art Program shall be established by the Council in writing and shall be available upon request.

This the 4th day of March, 2002.

9.    Defining a Percent for Public Art Program and the General Polices of the Program

A RESOLUTION DEFINING A PERCENT FOR PUBLIC ART PROGRAM AND THE GENERAL POLICIES OF THE PROGRAM (2002-03-04/R-8)

WHEREAS, the Comprehensive Plan of the Town of Chapel Hill includes public art as part of the section on Community Character; and

WHEREAS, the Town Council has included a Percent for Public Art Program in the short-term implementation measures adopted on July 5, 2000; and

WHEREAS, the Public Arts Commission and its subgroups have been working with the Town staff to develop policies and procedures for a Percent for Public Art Program;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby establishes a Percent for Public Art Program:

§  to help define the community’s identity and sense of place,

§  to promote social interaction and discourse,

§  to bring the arts into everyday life and

§  to memorialize the past while expressing shared values for the future.

BE IT FURTHER RESOLVED that the program shall be guided by the following policies:

1.    Program Objective: To provide art accessible to the public and to the users of Town buildings and parks, for the improvement of the quality of life in Chapel Hill, and more specifically to:

§  help define the community’s identity and sense of place,

§  promote social interaction and discourse,

§  bring the arts into everyday life and

§  memorialize the past while expressing shared values for the future.

2.    Annual Public Art Plan: The Town Council shall meet at least annually to consider a Public Art Plan recommended by the Public Arts Commission. The recommended Public Art Plan shall include:

a.    Those capital projects which should include 1% of their project budgets for public art

b.    The distinction between those capital projects which should include public art on-site and which should contribute 1% of their budget to a pool of funds reserved for public art commission, acquisition, maintenance and conservation

c.    General location(s) for the art not recommended for the site of a capital project.

d.    The Town Council shall decide on which capital budgets shall include 1% for art and the general site(s) of the art, and shall appropriate funds. This set of decisions shall be known as the Public Art Plan for the given year.

3.    Budget: 1% of the annual Capital Improvements Program shall be considered by the Council for reservation for public art. However, the base from which the 1% is calculated shall exclude grant funds for which the Town provides a local match, bond funds which do not allow such a use, and any other funds whose source would prevent their use for public art.

a.    The project budget shall include all costs funded by the Town for designing, building and equipping the facility, including site work but excluding the acquisition of land.

b.    The public art budget shall include all costs of artist selection; artist fee; fabrication; installation, including special plumbing, wiring or lighting; publicity; celebration; and any other cost related to the public art project.

4.    Location:

a.    Location of artwork shall generally be on the site of the capital project unless specified otherwise in the adopted Public Art Plan. Specific location within the specified site shall be considered by the Public Arts Commission as part of the selection of the artwork and review of its design development.

b.    Consideration shall be given to the unique site, surrounding uses and development, function of the facility, users of the facility, style of the facility, visibility to the public, maintenance and security issues. Artwork should be selected and placed to enhance the project as a whole.

5.    Selection of Artists and Art:

a.    The Public Arts Commission shall establish a process with written guidelines, available to the public, for the selection of artists and the review of the art proposed for acquisition. The process shall be open to the public and shall encourage participation by as wide a variety of citizens as possible.

b.    The Public Arts Commission shall appoint a committee to be chaired by a Commission member and to include at least one representative each of the Public Art Commission, Town Council, the designer of the capital project (if relevant), the host department, the public at large; and two art professionals.

c.    The committee shall make its recommendation to the full Public Arts Commission.

d.    The Public Arts Commission shall present to the Toandwn Council the artist and his/her style, the type of artwork which would be expected to result from a commission; or the specific artwork it recommends be acquired; or the artwork which it recommends be maintained or conserved. The Town Council shall authorize a contract as recommended, with or without its own conditions, or shall request another recommendation from the Public Art Commission.

6.    Execution of Artist’s Commission:

a.    The artist’s contract shall define a process for his/her design development.

b.    The artist’s contract shall define the review points during the design development

c.    The artist shall be involved with the design development of the capital project if relevant and if the artist is chosen in time.

d.    The process shall include a means of involving the public, including a public forum to consider the design concept.

e.    It is possible that, after the Public Art Commission or its committee, Town staff and the public review the artist’s design concept, the artist will be asked to modify the design concept before being authorized to begin fabrication.

7.  Acceptance of Art: The Town Manager shall accept the artwork before the final payment is made to the artist.

8.  Accounting: Funds appropriated for public art shall be placed in a project budget or multi-year account(s) specified for this purpose. Grants, gifts and other revenue the Town may receive for the selection, establishment, maintenance and deaccessioning of public art shall also be placed in this multi-year fund.

This the 4th day of March, 2002.

 

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