AGENDA #6

 

MEMORANDUM

 

TO:                  Mayor and Town Council

                       

FROM:            W. Calvin Horton, Town Manager

Ralph D. Karpinos, Town Attorney

 

SUBJECT:       Response to Petition regarding Vigil at Franklin Street Post Office

 

DATE:             March 5, 2003

 

 

The purpose of this report is to respond to the petition, presented to the Town Council March 3, 2003, regarding a proposed demonstration in front of the Franklin Street Post Office.  As presented, the request had two components:

 

1.      A request by the Petitioners to be exempted from the requirement that space be reserved 48 hours in advance; and,

2.      A request to use the Franklin Street Post Office site potentially even if the space has already been reserved by another group.

 

BACKGROUND

 

Attached is an excerpt from the Town of Chapel Hill Administrative Policies and Procedures Manual pertaining to use of certain locations on East Franklin Street under the Town’s authority by non-profit, charitable organizations.

 

Under the terms of that policy, groups are allowed to reserve certain specified areas.  Permits to use those areas must be applied for 48 hours in advance of an event.   

 

We believe the policy, as written, has provided an effective and fair method to manage the use of limited amounts of public space in the downtown area for use by such organizations.

 

We have considered the petition presented to the Town Council on March 3, and believe that there are some adjustments that can be made to the Administrative Policy that will allow the Town to be able to address the concerns raised and to allow further opportunities for vigils and other demonstrations such as those described in the petition.  These changes are discussed below.

 

DISCUSSION

 

With respect to the current requirements of 48 hours advance notice and for a permit, we believe that there are some circumstances in which it is not possible or appropriate to require 48 hours notice prior to holding a vigil or other demonstration.  We believe there should be some opportunity to allow a non-profit charitable organization to obtain space for such an event in less time where an event that leads to the desire for the opportunity to demonstrate could not have been reasonably anticipated 48 hours in advance.

 

As was mentioned Monday evening, we do not support establishing a policy that could allow one group to take over space that had already been reserved through proper channels by another group qualifying to use the space under the Town’s policy.  We do not believe that the Town should make such judgments that could be construed as a choice based on the merits of the issues being expressed by groups seeking use of the same space.  We believe that the reservation system now in place is generally fair and reasonable.  However, the space that is subject to being reserved for use by non-profits is under the jurisdiction of the Town and we believe that the Town should clearly preserve its right to “bump” a group from a reservation in the event that the space is needed for Town use. 

 

We therefore seek the concurrence of the Town Council with the following changes which will be added to the Town’s Administrative Policies and Procedures Manual Section 5.6(f) regarding the Use of Town Streets and Sidewalks:

 

  1. The requirement for submittal of a permit application 48 hours in advance of an event shall not apply when in the judgment of the Mayor or Town Manager the space is needed to hold a community observance in response to events of Town-wide concern or importance, which events were either not expected or were of such a nature that the timing of the events could not be predicted 48 hours in advance.

 

  1. Where such an observance is proposed under circumstances set forth in the preceding paragraph, if space is available at one of the locations regulated by this policy, it may be used.  If the spaces regulated under this policy are already reserved for other activities, the Manager shall work with the group proposing to hold an event to identify alternative temporary space in the downtown area that will allow the event to be held.  If the event attracts attendance larger than that alternative space can properly accommodate, the Manager shall work with the group to relocate the event to a larger space better suited for the event.  

 

  1. In order to provide greater opportunity for groups to use the limited spaces available, reservations to use more than one location at the same time by the same organization shall not be permitted.

 

  1. As a general rule, once space is reserved through the procedures established by this policy, the Town will not take the space away from the group making the reservation for use by another private, non-profit organization.  However, in the discretion of the Mayor or Town Manager, a space reservation under this policy by a private non-profit organization may be revoked without notice if needed to accommodate an unscheduled and unanticipated Town-sponsored event.

 

(This change would clearly allow the Mayor and Town Council to conduct an event at the Post Office site, for example, such as the one held in response to the September 11, 2001 attacks, and supersede a previously scheduled use by a private group.)

RECOMMENDATION

 

That the Council adopt the attached resolution indicating its concurrence with the proposed changes to the Town’s Administrative procedures:

 

 

ATTACHMENTS

 

1.      February 26, 2003, petition from Women’s International League for Peace & Freedom (p. 5).

2.      Excerpt from Town Administrative Policies and Procedures Manual (Section 5.6(f) (p. 6).

A RESOLUTION CONCURRING IN CHANGES TO ADMINISTRATIVE PROCEDURES REGARDING USE OF TOWN STREETS AND SIDEWALKS (2003-03-05/R-1)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby concurs in the proposed changes to the Town’s Administrative Policies and Procedures Manual as outlined in the report of the Town Manager and Town Attorney to the Council of March 5, 2003, and directs that they be included as part of Policy 5.6(f) in said Manual.

 

This the 5th day of March, 2003.