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HomeMy WebLinkAboutAgenda - 02-24-2011 - 2~~ ~~ 24 DRAFT Orange County Facilities Use Policy 1.0 Policy Statement. This policy is established to assure that facilities owned and operated by Orange County are utilized in a manner that has a public purpose that meets the needs and interests of the community, as well as to set clear policies, procedures, regulations and fees regarding such uses. This policy supersedes all other County and Department policies regarding the use of County facilities as defined in this policy. 2.0 Definitions. For the purposes of this policy, the following definitions shall apply to terms used herein: 2.1 Affiliated Group. A group with a public purpose who meets one or more of the following: 2.1.1 Receives more than fifty percent (50%) of operating funds from the County; or 2.1.2 Receives at least fifty percent (50%) of the group's governing board is appointed by the County; or 2.1.3 Receives at least 50 percent (50%) of the group's membership is appointed by the County. 2.2 Building. Enclosed climate controlled structure that may be divided into areas for various uses. 2.3 County Department. An operational unit within County government whose primary source of funding is from the County and who is supervised by the County Manager, an elected County official, the Health Board or the Social Services Board or a group recognized by the County and whose sole purpose is to provide support and or resources to a County Department. 2.4 Grounds. Areas outside County buildings including lawns owned by the County. 2.5 Non-affiliated Group. Any public purpose group not meeting the definition of Affiliate. 2.6 Parks. Picnic shelters, playing fields, basketball courts, tennis courts and any other amenities as identified in Attachment 1, County, Buildings and Grounds Covered by Policy, which is hereby incorporated by reference and may be amended from time to time by County Staff. 2.7 Public Purpose Activity. An activity in which the action or direction concerns, affects, or is of benefit to Orange County or the Orange County community. 2.8 User. An individual, group or organization using County buildings, parks or grounds. . 3.0 In General. Except where noted in this Facility Use Policy, County facilities, parks and grounds are limited to public purpose activities. Draft Orange County Facilities Use Policy Page 1 of 14 25 DRAFT 3.1 Other than Public Purpose Use. Where the use of the facility is for other than a public purpose (i.e. Class 6 activities) the total cost of activity venue operation shall be reflected in the established fee. 3.2 Commercial or Business Use Prohibited. For profit commercial or business activities are specifically prohibited. 3.3 Political Parties. As provided in G.S. § 163-99, and defined in G.S. §163-96, a political parties may use County buildings and the grounds surrounding those buildings designated as a Category 4 Use without charge, except for custodial and utility fees for the express purpose of annual or biennial precinct meetings and county and district conventions so long as the event does not conflict with the operation of the building. 4.0 Covered Buildings, Grounds and Parks. Buildings, grounds and parks (collectively referred to as "facilities") owned or operated by Orange County are covered by this Policy and are listed in Attachment 1, County Buildings, Grounds and Parks Covered by Policy. 4.1 The County Buildings, Grounds and Parks Covered by Policy list, which may be amended from time to time by the County Manager, shall contain the list of all facilities by name and address owned or operated by the County, the approved use of the facility, the hours of permitted use and the availability of weekday reservations. 4.2 Facility Use Code Classification. For purposes of this policy, the use availability of facilities owned or operated by the Orange County are classified as follows: Use Use Availability Code 1 Facility may be used by County Departments ,affiliates and non-affiliates for public purposes 2 Facility may be used upon written permission by the County Manager 3 Facility may be used only by County Departments; or with written permission by Department Head . 4 Facility may be used for political events as defined by this policy 5 Facility may be used by County Departments, affiliates and non-affiliates for social and recreational uses for public purpose events 6 Facility may be used for social/recreational purposes by private parties for events not meeting the public purpose definition 4.3 Priority of Use. In an effort to ensure facilities are utilized in the manner and intent for which they were originally established and to ensure facilities are available to serve the needs of the general public as a whole while at the same time providing for use by other parties, a priority use for scheduling conflicts shall be determined as follows: 4.3.1 Priority 1: County sponsored programs and activities (no cost) Draft Orange County Facilities Use Policy Page 2 of 14 DRAFT 4.3.2 Priority 2: Orange County Schools and Chapel Hill Carrboro City Schools, as provided in subsection 4.4 4.3.3 Priority 3: County affiliates 4.3.4 Priority 4: Municipalities located in Orange County and state and federal programs, as provided in subsection 4.4. 4.3.5 Priority 5:. County non-affiliates 4.3.6 Priority 6: All others 4.4 Organizations using facilities after-hours at no cost will be assessed a cleaning lockup/utility fee associated with the specific facility. Schools, other local, state and federal governments using County facilities may do so at no cost other than cleaning and utility fees unless the same school, local, state or federal government charges the County for use of facilities owned by that entity; in such case, fees as presented in the fee schedule will apply. 5.0 Rules for Usage of Facilities. 5.1 The following shall be prohibited within or on the premises of County facilities. 5.1.1 Selling, offering for sale, soliciting or promoting the sale of any goods or services on County premises is prohibited, except in association with approved events held by the County; or by special written permission of the County Manager or his designee. Exceptions are allowed for groups associated with various County departments as provided in section 2.3, whose fundraising activities are for the direct support of a County Department; 5.1.2 Tobacco use including smoking, chewing, etc.(except in designated areas); 5.1.3 Alcoholic beverages, except as authorized by the County Manager for special events, in which case host liability insurance shall be required (beer and wine only); 5.1.4 All illegal drugs and other substances; 5.1.5 Illegal gambling; 5.1.6 Weapons of any kind except by law enforcement officers in the. execution of their duties or by an approved security service associated with a county- sponsored program; 5.1.7 Animals of any kind except service animals, those associated with a county-sponsored program or animals in County Parks on leashes unless expressly prohibited; 5.1.8 The use of profanity, offensive. language and profane gestures; and 5.1.9 Attaching signs, banners, decorations or similar items to any portion of the facility in a manner that would cause damage to such. 26 Draft Orange County Facilities Use Policy Page 3 of 14 DRAFT 5.1.10 Advertisement for private purposes in the form of flyers, posters, signs, placards, stickers, etc. Temporary signs of an informational or directional nature may be erected on site for an approved event, during the day of the event. 5.1.11 Use of motorized vehicles, except on designated roadways and parking areas. 5.1.12 Hunting, trapping, or in any manner abusing animals. 5.1.13 Damaging trees or other living plants. 5.1.14 Fishing, swimming, horseback riding, boating, fires, and hitting of golf balls, except in designated areas. 5.1.15 Make or causing to be made any loud, disturbing or unnecessary noises. The County Manager, or their designee, may exempt from the provisions of this section a person performing in a park or on recreational premises at an authorized event. 5.1.16 The selling of food, concessions, or merchandise in conjunction with a recreation facility rental or athletic facility rental is not authorized without the express written permission in the form of a Vending Permit. If approved, food vending must be provided in accordance with Orange County Division of Environmental Health Regulations. 5.2 Depending on the activity, the user may be responsible for hiring and paying off-duty law enforcement officers, emergency services personnel, or others if required as a condition of scheduling the event. Usage of the courthouse facility may require a deputy sheriff for which a fee may be required. 5.3 Programs or activities may not begin prior to 7a.m. and must conclude by 11 p.m. unless written permission is granted by the County Manager or his designee. Overnight camping is allowed in designated areas in some . recreational facilities with advance written permission. 5.4 Users, including County departments, are responsible for all facility clean-up including, but not limited to, bagging trash and leaving it designated area for pick up. A cleanup fee will be assessed and taken out of deposit as provided in subsection 8.3 for users that do not adequately clean up after themselves. 5.5 In making County facilities, grounds and parks available for use under this policy to individuals or groups, the County assumes no obligation or responsibility for the activities of the individuals or groups; nor makes any direct or indirect endorsement of the activity. 5.6 Consistent with State law and County policy, recyclables used during an event held in County facilities, parks and grounds must be separated and placed in designated containers. 6.0 Special Requirements 27 Draft Orange County Facilities Use Policy Page 4 of 14 DRAFT 6.1 Kitchen Use. Kitchens, where provided, are for food warming and serving only. Preparation and cooking of meals is prohibited unless special permission is granted in writing at the time reservations are made. 6.1.1 Users, including County departments, are responsible and accountable for kitchen areas, if used. Users will be billed for cleanup that they do not adequately complete themselves. 6.2 Equipment Use. Unless otherwise arranged with the County, each individual/group shall be responsible for providing any equipment necessary for the planned activity, including, but not limited to audio/visual and other technology. 6.2.1 If County equipment is available for use, qualified County staff must be present to operate the equipment. There will be a fee for use of the equipment and staff to operate the equipment. 6.2.2 Individuals/groups reserving meeting rooms in County buildings shall be responsible _ for setting up tables and chairs for their use; and for returning the set up to the "standard room set up" as posted in each meeting room. Only tables and chairs assigned to each meeting room are available for use by the reserving group. 6.2.3 Public address systems proposed for use by an individual or group shall not disrupt surrounding County or Court operations or disrupt neighbors in any way. Individuals or groups will strictly observe any noise ordinance in effect at the event location. 6.3 Ground Use. 6.3.1 Banners may be posted on specified grounds by permit only. Banners must be removed the next business day after reservation ends. No posters, banners or other material may be attached to trees on grounds or parks. 6.3.2 Anchoring tents, canopies or other allowed structures must be accomplished with sandbags or in another non-invasive manner. This includes temporary structures that may be erected in parking lots as part of an approved event. 6:3.3 Power connections are available at some venues; utility fees may be assessed for use. 6.3.4 Marked protection areas for geothermal fields and athletic fields must be observed. Permits may be immediately revoked for any violation of this requirement. 6.4 Parking. Individuals/groups shall park in designated areas assigned to the specific facility being used. Parking restrictions at event sites are strictly enforced. 6.4.1 Large events may be required to utilize off-site park and ride lots. The event holder will assume all costs and responsibility for transportation to the venue. 28 Draft Orange County Facilities Use Policy Page 5 of 14 DRAFT 6.4.2 Users are responsible for complying with any onsite parking regulations. 6.5 Parks and Recreational Facilities 6.5.1 This policy addresses the parks and recreational facilities identified in Attachment 1. Use of planned future park properties or open space lands which are not generally open to the public is not authorized except for activities sponsored or co-sponsored by an Orange County department. These activities will be considered on a case-by-case basis, as per existing protocol. 6.5.2 The user is responsible for the collection and removal of trash and recyclables during and at the conclusion of the event. 7.0 Facility Operation Procedures. 7.1 The County Manager shall authorize the development of procedures that govern the operation of facilities, including the reservation and cancellation of County facilities, which shall be attached and incorporated by reference into this policy. 7.2 County Departments .with the approval of the County Manager, may establish additional rules regarding: 7.2.1 The use of the buildings, grounds and equipment that are within their control. 7.2.2 The Department responsible for specific building and grounds may establish additional rules regarding the serving of refreshments as may be appropriate. 8.0 Fees and Deposits. The Board of County Commissioner, as part of the annual budget process, shall adopt fees and deposits use of County facilities. 8.1 Fees. Fee schedules are updated annually and are posted on the County's website at www.co.orange.nc.us/meetin rooms. 29 8.1.1 Fees shall apply for facility use both during and after business hours; additional fees may apply for facility use after business hours. 8.1.2 Fees must be paid in full at least ten (10) days in advance of the event. If any checks are returned the event shall be cancelled unless the user pays the fee in cash or money order plus any returned check fees prior to the date of the event. 8.1.3 Fees are charged depending on the day and time of the facility use requested and the type of group. reservation. 8.1.4 Fees may not be charged by the user for entry into the grounds, facilities or parks. Draft Orange County Facilities Use Policy Page 6 of 14 30 DRAFT 8.2 Deposit. -A deposit shall be required for use of and damage to the facility as provided in the fee schedule. 8.2.1 The deposit may include an administration fee, which shall be subject to review by the Board of Commissioners annually. 8.2.2 Deposits are payable when the reservation is made. 8.2.3 Deposit Refunds. Deposit will be refunded within thirty days following the event. Deposits are refunded in full, minus any fees or damage replacement costs as provided in subsection 8.3 of this policy. 8.2.4 Cancellations. If a cancellation is made in accordance with the reservation and cancellation procedures governing this policy, (see Attachment 2, Reservation and Cancellation Procedures) the deposit shall be returned as provided in the Reservation and Cancellation Procedures minus the administration fee. 8.3 Damages. Users. are responsible for any breakage, loss or damage except for normal wear and tear including, but not limited to: furnishings and equipment; damage to walls, doors, marker boards or other meeting room amenities; picnic tables, grills, basketball goals or other park amenities; and shall bear the full replacement cost for such breakage, loss or damage. 8.3.1 Unless otherwise directed the facility must be placed back in the condition it was prior to use by the user. 8.3.2 Any replacement costs for damages will be deducted from the deposit prior to returning any it to the user. 8.3.3 Any clean-up fees will be deducted from the user's deposit. 9.0 Use Conditions 9.1 Safety. Individuals or groups must take all necessary precautions to ensure the safety and well-being of all activity participants. 9.2 Indemnity. Users must agree to indemnify and hold harmless the County for all injuries or damages occurring to persons or property in conjunction with the use of County buildings, grounds and parks. 9.3 Insurance. Users may be required to provide a Certificate of Insurance showing liability insurance coverage at limits satisfactory to the County's Risk Manager. 9.4 Compliance with Fire Code. The number of individuals attending functions in County buildings shall not exceed the limits established by the County Fire Marshall. 9.5 Compliance with Laws. Users are responsible for compliance with all ordinances and laws related to the proposed use of County buildings, grounds or parks, and must obtaining all necessary permits for the proposed event. Users are required to provide copies of required permits prior to date ~of event. Draft Orange County Facilities Use Policy Page 7 of 14 DRAFT 9.6 Reservation of Rights. The Board of Commissioners, or their designee, reserves the right to prohibit use of County facilities, for just cause, to any individual, group or organization. 9.6.1 Facility. Just cause included, but is not limited to, improper use or prior misuse of county facilities, failure to abide by the provisions of this policy and failure to compensate the county for use andlor damages to a facility. 9.6.2 Activities. Just cause includes, but is not limited to, activities that are . inconsistent with the public purpose or the use of the facility. 9.7 Waiver of Terms. The County Manager reserve the right to waive or vary any provision in this policy when doing so would more effectively serve. the public's interest, except when prohibited by law. 9.8 Supersedes all other Policies: Upon adoption, this .policy supersedes all other policies currently governing use of County facilities, grounds and parks. 31 Draft Orange County Facilities Use Policy Page8of14 DRAFT Attachment 1 County Buildings, Grounds and Parks Covered by Policy 1. Buildings - eeti _ Raom Identifier ocation Usei C/ass` After- hours Use r~r+ii~ted Week Resewc Accep bases AvvilaE West Cam us Office Bui/din 131 W. Margaret Lone, Hi//sborou h WCOB; 302 3 WCOB; 202 3 WCOB; 004 2 x x WCOB; 005-TRAINING 3 WC0B;009 1 x x WCOB; 011 ~ 1 x x Libra LIBRARY 116 1,5 x Environment Agriculture Center 306 Revere Road Hillsborough EAC-Conference 3 EAC-Food Lab 3 x x Board of Elections 208 5. Cameron Street Hillsborough Elections Conference Room 3 John M. Link Jr Government Services Center 200 S.Cameron Street, Hillsborou h LINK-Mans er's Small Conference 3 LINK-Conference 3 x LINK-HR Conference 3 LINK-Co. Attorne Conference 3 Justice Facility 106 Enst Margaret Lnne; Hillsborou h Justice Facili -Mural Courtroom 3,4 x Justice Facilit -Courtroom 3 4 Justice Facili -Courtroom 4 4 Justice Facili Hearin Room 4 Justice Facili -Battle Courtroom 3,4 x 32 Draft Orange County Facilities Use Policy Page 9 of 14 DRAFT Historic Courthouse 100 East King Street; Hillsborough Historic Courthouse Courtroom 3,4 X Historic Courthouse-Grand Jury Room 4 Gateway Center 208 5. Churton Street, Hillsborough Gateway Center-Bd of Equalization and Review Room 3 Gateway Center-3rd Floor Conference 3 Whiffed Human Services Center 300 West Tryon Street; Hillsborou h Activi Room 1 5,6 x X G m 5,6 x X Solid Waste Center Eubanks Rond, Chnpel Hill Trainin Room 1 x X Animal Services Center 1601 Eubanks Road, Chn el Hill Multi-Pur ose Room 1,5,6 x X Southern Human Services Center 2501 Homstend Road, Chn el Hill SHSC-Board Room 1 x X SHSC-Room C 1 x SHSC-Room D 1 x Skills Develo meat Center 501 West Franklin Street, Chnpel Hill SDC-Classroom 1 4 x X SDC-Classroom 2 4 x X SDC-Classroom 3 4 x X SDC-Classroom 4 4 x X Emergen Services 510 Meadowlands Drive; Hillsborou h Emer enc Services-EOC 3 Emergency Services-Tactical Center 3 Central Oran a Senior Center 103 Meadowlands Drive, Hillsborou h Ballroom 1,5,6 x Conference Room 3 x Common/Dro In Area 1,5,6 x Aerobics Room 1,5,6 x 33 Draft Orange County Facilities Use Policy Page 10 of 14 DRAFT Seymour Center 2551 Homestend Road, Chapel Hill Great Hall 1,5,6 x Ash ~ 1,5,6 x Birch 1,5,6 x Do wood ~ 1,5,6 x Gatherin Area 1,5,6 x Theater 1,5,6 x Conference Room 3 Efland Communi Center 117 Richmond Rond, Efland Communi Meetin Room 1,5,6 x x Hillsborough Commons 113 Mayo Street, Hillsborough Board Room 3 2. Grounds and Parks 34 Locution Identifies' Location _ Ilse clrrssificgtion Amenities Picnic Shelter Cedar Grove Park 5,6 13 picnic tables-2 grills, li htin ,electrici Ballfields 2 Cedar Grove Park 5,6 li hted fields Multipur ose field Cedar Grove Park 5,6 no li hts Basketball courts Cedar Grove Park 5,6 li hted fields Picnic Shelter Efland Cheeks Park 5,6 10 picnic tables, 4 grills, li htin ,electrici Small Picnic Shelter Efland Cheeks Park 5,6 4 picnic tables, 2 grills, li htin ,electrici Basketball courts Efland Cheeks Park ~ 5,6 li hted courts Ballfield Efland Cheeks Park 5,6 li hted field Ballfields 2 Efland Cheeks Park 5,6 No li htin Soccer fields 5 Euros ort Soccer Center 6 5 lighted full size fields, one ractice field Picnic Shelter Little River Re Tonal Park 5,6 12 picnic tables, 1 grill, restrooms, electricity, water, li htin Small Picnic Shelter Little River Re Tonal Park 5,6 6 picnic tables, 1 grill, restrooms, electricity, water, li htin Draft Orange County Facilities Use Policy Page 11 of 14 DRAFT 35 Group Camp Site Little River Re Tonal Park 6 ~ 6 tent sites Picnic Shelter Public Market House 5,6 6 picnic tables, electricity, restrooms, li htin Ballfield Fairview Park 5,6 Li hted field Basketball Courts 2 Fairview Park 5,6 Li hied courts Tennis Courts 3 Fairview Park 5,6 Li hted courts Picnic Shelter Fairview Park 5,6 10 picnic tables-2 grills, lighting, restrooms, electrici Lawn area Old Courthouse 3,4 None Front steps New Courthouse 3,4 None Draft Orange County Facilities Use Policy Page 12 of 14 DRAFT Reservation and Cancellation Procedures I. Reservation and Cancellation Procedures A. Reservation. 36 Attachment 2 1. A completed Application for Facility Use is required for all reservations. 2. A Notice of Reservation Approval will be provided to the requestor prior to the event. The Notice will serve as the proof of reservation and must be available during the meeting/event should questions about the reservation arise. 3. Reservations are accepted no earlier than 90 days prior to the requested date of use for all non-County department use, except with the written authorization of the County Manager or his designee. 4. No group may reserve facilities. continuously as to preclude the use of the facility by any other group or organization. 5. Parents or legal guardians must reserve the County facility for anyone under 18 years of age and must assure adequate adult supervision of youth groups using any facility. This may require the user paying for security officers to monitor activities both in and outside the County facility being used. 6. Refunds, due to inclement weather, will not be issued for indoor facility or picnic shelter permits unless the County Manager closes county offices. Should a County facility be closed due to inclement weather or other unforeseen circumstances, the party making the reservation will be given the option to reschedule, before being refunded all reservation/damage deposits and usage fees. 7. Parks and Recreational Facilities. a. Areas within or adjoining parks and recreational facilities as identified in Attachment 1, or on park properties such as a meadow or open field may be reserved as long as the proposed activity is determined by the Department of Environment, Agriculture, Parks and Recreation Director to be appropriate use of that area. b. A facility or area within a park may not be reserved for more than three successive days. c. An entire park may not be reserved for use. 1. Draft Orange County Facilities Use Policy Page 13 of 14 37 DRAFT B. Cancellations. 1. Orange County reserves the right to make cancellations of any reservation at any time. Cance{lation notices will be issued as far in advance as possible. All reservation/damage deposits and usage fees will be returned in full if cancellation is initiated by Orange County. 2. Cancellations for Category 6 facilities may be initiated by the party making a reservation up to two weeks prior to the scheduled use date in writing to receive a refund of the deposit minus the non-refundable administrative fee. Cancellations made within two weeks of event will result in forfeiture of to a 50% holdback of reservation/damage deposit. 3. Cancellations for reservations of Categories 2, 3, 4 and 5 space are subject to refund if cancellation is made prior to one week of the schedule use. Cancellations within two week of the schedule use are not subject to refund. 4. Orange County will endeavor to provide no Less than 48 hours notice_for any reservation that must be cancelled. c. Reservations and cancellations for County facilities may be made on line at www.co.oranae.nc.us/meetingrooms or by faxing an Application for Facility Use to (919) 644-3001 (on-line preferred). Draft Orange County Facilities Use Policy Page 14 of 14