§ 36.03 GENERAL POLICIES.
   (A)   The town shall encourage donations. Donations for town facilities and equipment, memorials or other items must be made in cash. The town will purchase and install the item using town resources on town property.
   (B)   The town shall encourage "in-kind" donations for volunteer services by community groups and individuals for the purpose of making beautification or other facility improvements as well as for recreation and athletic programs.
   (C)   Those wishing to donate must complete a formal application provided by the town. Applications shall be reviewed by town staff and approved by the Town Manager (or his/her designee) or the Board of Commissioners. Depending on the date of application, approval and installation may take up to 90 days. A donation application may be obtained at the Elkin Recreation Center, the town website or the Elkin Recreation and Parks website.
   (D)   (1)   Any donors that wish to recognize or memorialize their donation may do so by placing a plaque on the item. The plaque shall be of like make, color, length and width as well as placed in similar locations of other like donated amenities. The town shall approve all text for donation plaques and the town will purchase from a town approved vendor to ensure the highest quality, life and durability. Donors may choose from the following acknowledgment/memorial recognition for individuals or businesses in good community standing.
         Donated by: Name       In Memory of: Name
         In Honor of: Name       Dedicated to: Name
      (2)   The plaque will be a bronze three inches by eight inches in dimension. All other text on any plaque shall be approved by the Elkin Town Board of Commissioners.
   (E)   Any donor who is interested in providing financial support of athletic programs and facilities may do so through athletic sponsorships and athletic facility signage. This signage and sponsorships will be represented at children/youth games at town-owned facilities and shall meet the following criteria:
      (1)   Represent a focal business of good community standing;
      (2)   Represent a local professional/social organization of good community standing (i.e. Jaycees, Rotary, Lions Club, etc.).
      (3)   The sign or sponsorship logo/design shall not represent alcohol, tobacco, illegal drug use, and must be appropriate for youth, children and a family environment.
   (F)   Donations must comply with an adopted plan or standard, or be similar and compatible with existing amenities and must be identified as a need to fulfill a portion of said adopted plan or standard. The donation may not interfere with the intended current or future use of the facility, and the donation may not require the relocation of other equipment or infrastructure.
   (G)   Donations to town programs must be consistent with established goals and objectives for the individual program, and/or the town as a whole.
   (H)   In cases where the donation is not consistent with the towns adopted policies, staff will attempt to identify alternatives for the donor’s consideration and approval.
   (I)   All donations, other than cash, shall be considered “gifts for public improvements” to the town for the enjoyment of the town’s citizens. They will not be considered private or proprietary assets. Receipt of gifts or donations are not automatically guarantee placement or recognition of the donation, gift or other to be placed on town property.
   (J)   If the proposed gift/donation is a work of art, the following criteria shall be considered as well as any other criteria which may be relevant on a case by case basis.
      (1)   Quality of the work based upon a professional assessment of the work, detailed written proposal, drawing or photographs, and a portfolio review of relevant work;
      (2)   Suitability of the subject-matter/theme of artwork to a public venue;
      (3)   Appropriateness of the artwork to the site, in the case where a particular site has been requested or identified;
      (4)   Appropriateness of the process for selecting the artist or artwork;
      (5)   Qualifications of the artist based on documentation of past work and the artist’s professional qualifications;
      (6)   Proposed medium and physical substance of the art work must be able to withstand outdoor elements, be vandal resistant and not cause undue liability due to form or access to public safety.
   (K)   All items purchased or accepted by donation will receive standard levels of maintenance during their normal life expectancy.
   (L)   Items that are vandalized will be repaired or replaced as feasible, but the town does not guarantee replacement of any items damaged beyond repair or where the cost to do so is not considered cost effective.
   (M)   Any current equipment/amenities placed on town property that have been approved by the Town of Elkin Board of Commissioners will not require any adjustment to conform to these standards unless it be sub-standard due to age, disrepair, vandalism or other.
   (N)   The town reserves the right to deny any donation or to remove any donated item due to expiration of normal life expectancy, liability, safety, construction, aesthetic or other.
   (O)   If construction of a public improvement project is coordinated or contracted for by the donor, the donor will be responsible for complying with all Federal, state and local laws which may include competitive bidding and state wage rate laws. The donor will also bear the cost of all necessary permits, approvals, project management, design, installation, and manufacture of the gift/donation unless these costs are specifically accepted or waived by the town.
      (1)   Proof of compliance with the town’s insurance requirements for contractors will be required before work may commence on any public improvement project.
      (2)   Improvements made in a public place become the property of the town and are subject to the laws, policies, and procedures of the town.
   (P)   In and of themselves, contributions of land or money for public facilities shall not be considered sufficient justification for naming or renaming facilities after individuals, in tribute or memoriam.
   (Q)   If the donor’s proposal is not acceptable, the donor has the right after the review process is complete to appeal to the Board of Commissioners for reconsideration of their proposal.
   (R)   Conversely, if a donation is approved and a citizen opposes the project, that citizen also has the right to appeal to the Board of Commissioners for reconsideration of the proposal.
   (S)   The Board of Commissioners shall revise this chapter as necessary.
   (T)   The decision of the Board of Commissioners shall be final and binding.
(Ord. eff. 4-11-2016)