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HomeMy WebLinkAboutNA ORD-2002-014 Amendment to Ordinance and Resolution to Create a Recreation and Parks Advisory Council of Orange County – Second Reading~,,Q ~~ o2'p,p ~ r d/ y~ ~/ ~' l~ ~P 1~fl b Z ~~~~, ~I~IU L AN ORDINANCE AND RESOLUTION TO CREATE A RECREATTON & PARKS COUNCIL OF ORANGE COUNTY WHEREAS, Orange County may establish park and recreation programs pursuant to Article 18, .Chapter 160A, of the North Carolina General~ Statues; and, whereas, in its considered judgement, the Board of County Commissioners of Orange County believes that adequate recreation programs and facilities can best be advanced by the creation of a Recreation Council to operate the programs and facilities as authorized by the North Carolina General Statute 160A-354; now, therefore, be it ordained and resolved by the ~County Commissioners of Orange County, North Carolina as follows: ARTICLE I: RECREATION. GENERAL SECTION I: PREAMBLE WHEREAS, the Orange County Board of Commissioners has determined that: l. Planned recreation affords a large percentage ofpeople their only opportunity for a choice as to wholesome recreation and is of great personal and social importance to all, and 2. Adequate recreation lands can be acquired and recreation structures :developed by Orange County, and 3. Planned (organized) recreation provides one of the brightest hopes for a continuation and refinement of our democratic way of life, and 4. The cost of planned recreation is relatively low, and 5. Local government involvement gives permanence and continuity to recreation, and 6. Local government money spent for recreation is, in reality, invested in citizens' health and happiness as well as in increased and. longer retained.real estate values, is a resource to which industry is increasingly drawn, and which gives important help in securing and in holding business, tourists, and other industry in a community, and 7. The non-revenue producing as well as the self-supporting recreation activities are an actual economy in that they bring about a direct reduction in the cost of policing, crime prevention, operation of emergency and mental health wards (in hospitals) and contribute to other economic facets of the County's health and welfare concerns. SECTION II: DEFINITION OF RECREATION ACTNITIES For the purpose of this ordinance, recreation is defined as those activities which fall within the general classification areas of the arts; drama; crafts; athletics; sports and games; dance; hobbies; music; nature and outing; reading; writing and linguistic; social recreation; special community events and special activities; volunteer services; recreational travel; and use of leisure time. SECTION III: DEFINITION OF RECREATION AREAS: STRUCTURES: COUNTY: MANAGER: GOVERNING BODY Structures and areas, for the purpose of this ordinance are defined to mean the outdoor and indoor areas and structures on or in which people derive opportunity for the pursuit of happiness through recreation, whether or not these areas and structures are owned, leased, bonowed, controlled, or operated within the boundaries of Orange County. Coun for the purpose of this ordinance means the County of Orange. Mana~er, for the purpose of this ordinance, means the County.Manager, or another person to whom he delegates the administrative duties and responsibilities of the County. Governing Bodv, for the purpose of this ordinance, means the County Board of Commissioners. Council, for the purpose of this ordinance, means the Orange County Recreation & Parks Council. SECTION IV. POWERS, GENERAL It is the basic function of the Orange County Recreation & Parks Department to promote recreation for its citizens and, in so doing, is authorized to aid and assist agencies pursuant to policies recommended by the Council and accepted by the County which include public, private, commercial, those which are quasi-public in character, those which, although public in nature, are not under the County's governing body (such as schools, churches, hospitals, military installations, orphanages, commercial recreation, business and industrial agencies), and civic, neighborhood and service groups in their recreation interests and needs. ARTICLE II: RECREATION COUNCIL SECTION V: CREATION: NAME: NUMBER OF MEMBERS There is hereby created an Orange County Recreation & Parks Council composed of thirteen (13) citizens of Orange County, to be known as the Orange County Recreation & Parks Council. SECTION VI: COUNCIL: POWERS AND DUTIES The. Council shall serve as the advisory body for the Department of Recreation and Parks. The Council shall suggest policies to the Depaztment, the Manager, and the Board of County Commissioners, within its powers and responsibilities as stated in their ordinance.. The Council shall serve as a liaison between the Department, the Manager, the Board of County Commissioners and the citizens of the County. The Council shall consult with and advise the Department, the Manager, and the Board of County Commissioners in matters affecting recreation policies, programs, personnel, finances, and the acquisition and disposal of lands and properties related to the total community recreation program, and to its long-range planning for recreation. The Recreation Council shall assume duties for recreation purposes as follows: Make recommendation: (1) for the establishment of a system of supervised recreation for the County; (2) to set apart for use as parks, playgrounds, recreation centers, water areas, or other recreation areas and structures, any lands or buildings owned by or leased to the County and to suggest improvements of such land and the construction, equipping and staffing of such build.ings and structures as may be necessary to the recreation prograrn within those funds allocated to the Department; (3) advise in the acquisition of lands and stxuctures through gifts, purchase, lease or loan, or by condemnation; (4) advise in the acceptance by the County of any grant, gi$, bequest, or donation, and of any personal or real property offered or made available for recreation purposes which is judged to be of present or possible future use for recreation; (5) advise in the construction, equipping, operation, and maintenance of parks, playgrourids, recreation centers and a11 buildings and structures necessary or useful to department function, and advise in regard to other recreation facilities which are owned or controlled by the County and leased or loaned to the County. . SECTION VII: APPOINTMENT OF THE COUNCIL Each member of the Cauncil shall be a county resident appointed by the Orange County Board of Commissioners. The Orange County Recreation and Parks Council shall be composed of one member of the Orange County Board of Commissioners, seven representing the seven townships in Orange County, one each from the cities of Chapel Hill, Carrboro, and Hillsborough with the remaining two members at-large. SECTION VIII. LENGTH OF APPOINTMENT Each member shall be appointed for a three (3) yeax term. Initial appointments shall be arranged so that approximately one-third (1/3) of the terms shall expire each year, except for the representative from the Orange County Board of Commissioners who shall serve on the Recreational Council concurrent with his or her term of office on the Board of Commissioners. No other member may serve more than two (2) consecutive terms of office, or six (6) years without a one (1) year break in service after this tirne period. SECTION IX: MEETINGS Council meetings shall be held on a monthly basis unless determined otherwise by the Council. The Chair of the Council or, in his/her absence, the Vice-Chair, may call a special meeting of the Council at any time in compliance with the open meetings law. Special meetings will be scheduled upon request by four (4) or more Council members. A quorum of the Council shall be in attendance before official Council action is taken. A quorum shall consist of one/half plus one of the currently seated members, including the presiding officer. SECTION X: VACANCIES Vacancies in the Orange County Recreation & Parks Council shall be filled for the unexpired term only by appointment of the Board of Commissioners. SECTION XI: COMPENSATION Council members shall serve without monetary compensation. With approval by the Director, members shall be reimbursed for travel and subsistence to professional recreation meetings, conferences, workshops and memberships, with such reirnbursement being made in compliance with the general policies of the County. SECTION XII: BY-LAWS Operational policies and procedures may be incorporated into a set of By-Laws as developed and approved by the Council in line with this ordinance and the policies of the County. They shall be forwarded to the Board of Commissioners for review and approval. ARTICLE III: DEPARTMENT OF RECREATION AND PARKS ~ SECTION XIII: CREATION OF THE DEPARTMENT OF RECREATION & PARKS There is hereby created a department to be known as the Department of Recreation & Parks, which shall function directly under the County Manager. SECTION XIV: RECREATION & PARKS DEPARTMENT; POWERS AND DUTIES The Department of Recreation & Parks shall have complete supervisiori of the structures, areas, and all activities conducted on or connected with the parks, playgrounds, water areas, athletic fields, recreation centers, and other recreation facilities which are provided; shall have the power to conduct any wholesome form of recreation or cultural activity on or about these premises; sha11 have the power to develop and enforce regulations as to use and as to fees and charges for areas, structures or activities of the department. SECTION XV: DIRECTOR OF RECREATION & PARKS The position of Director of Recreation & Parks is hereby created. He/she shall be the chief administrative officer of the Department of Recreation & Parks and shall be a department head, reporting directly to the Manager. The Director of Recreation & Parks may be either a full-time or part-time employee, at the discretion of the Orange County Board of Cominissioners. The position of Director of Recreation & Parks shall be filled pursuant to and in compliance with the Orange County Personnel Policy. The Council may make nominations for the position of Director of Recreation & Pazks. Personnel, as may be deemed necessary to the supervision, operation and maintenance of the recreation program and the recreation system (including parks, center, play areas, and other recreation facilities and areas) may be employed and discharged by the Director of Recreation & Parks in accordance with the Personnel Policy of the County. SECTION XVI: POWERS AND RESPONSIBILITIES OF THE DIRECTOR OF RECREATION & PARKS The Director of Recxeation & Parks shall be responsible for the following: (1) administration and supervision of department personnel; (2) administration and supervision of the department recreation program; (3) organizarion and conduct of recreation activities; (4) maintenance and upkeep of all areas, facilities and equipment; (5) public information and public relations; (6) representation of the department at local, state and national functions and professional meetings; (7) securing financial support for the department through annual budget preparation with preliminary Council input and endorsement; (8) adherence to department and County policies and regulations; (9) preparation of and maintaining on a current basis a long-range plan for recreation programs to include axea and structure acquisition and development; and (10) for such other functions of public regulation and control as may be within an advisory capacity to the director. SECTION XVII: REPORTS The Director of Recreation & Parks shall make such reports as may be deemed necessary by the County. The Director shall prepare the deparhnent's annual budget, which shall be submitted to the Recreation & Parks Council, for its consideration before it is submitted to the Manager. ARTICLE N: FINANCE SECTION XVIII: GRANTS, GIFTS, REQUESTS, AND OTHER CONTRIBUTIONS All offers to the County of gifts, grants, leases, loans, bequests or devises of personal and real property for recreation purposes shall be referred to the Recreation & Pazks Council for its consideration. The Council shall recommend, to the Board of Commissioners, acceptance or rejection of the offer. The County shall be empowered pursuant to North Carolina General Statute 160A-353(6) to accept any such gift and hold any property accepted subject to such terms and conditions as rnay be imposed by the grantor, except that the County may not accept or administer any terms that require it to discriminate among its citizens on the basis of race, sex or religion. SECTION XIX: BUDGET REQUEST, APPROPRIATED MONIES AND REVENUE PRODUCING ACTNITIES The annual budget shall be submitted to the recommendation to the Board of Commissioners. Manager for his/her consideration and Money appropriated to the Recreation and Parks Department may be from fund revenues as permitted under the laws of the State of North Cazolina. SECTION XX: DISBURSEMENT The funds appropriated by the Board of Comrnissioners to the Recreation & Parks Depariment shall be administered by the County Finance Officer in the same manner as are funds for other depariments of the County and in compliance with the Local Government Fiscal Conixol Act. Funds received from all other sources shall be deposited with the County Finance Officer and shall be disbursed by the Finance Officer in compliance with the Local Government Fiscal Control Act and in accordance with any conditions or restrictions which would not require the County to discriminate atnong its citizens on the basis of race, sex or religion. ARTICLE V: PLANNING AND COORDINATION SECTION XXI: PLANNING AND COORDINATION The Recreation & Parks Department shall take the necessary steps to create a long-range plan for the proper and adequate acquisition of recreation areas, and the development of recreation facilities, structures and programs for the present and future needs of all citizens of the County. In such a process the leisure wishes and needs of all citizens will be studied from the standpoint of their best potential recreation uses in order that the County may realize fully its recreation resources. In making this study, the economic values and functional efficiency of the areas and facilities shall be considered. Opportunity for cooperation and coordination between existing municipal recreation agencies and voluntary agencies within the county will be provided in order to avoid duplication of program services and functions. BE IT FURTHER RESOLVED, that all ordinances and/or resolution of the governing body of Orange County in conflict with the above are hereby repealed. This ordinance and resolution shall be in full force and effective immediately upon its passage and endorsement by the Orange County Board of Commissioners. Adopted the 5~' day of February, 1979. Amended the 4th day of June, 2002. ~ - ,F-a ~ ~ 6~~-azoaZ, c~l~ ~g ~ q, Amendment to Ordinance and Resolution to Create a Recreation and Parks Advisorv Council of Oranae Countv - Second Readinq The Board held a second reading of an amendment to the Ordinance and Resolution to create a Recreation and Parks Advisory Council. Commissioner Gordon said that the change has to do with allowing the County Commissioners to appoint members from the towns for the Recreation and Parks Advisory Council. She noted some typographical errors as listed on the orange sheet previously distributed. County Attorney Geoffrey Gledhill recommended that in the motion that the Board approve the changes as well as the second reading of the ordinance because the changes are very minor. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the amendment to the Ordinance and Resolution to Create a Recreation and Parks Advisory Council with the changes as submitted by Commissioner Gordon. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA a1. Winmore Proiect Planning Director Craig Benedict made reference to maps of the proposed development in the Northern Transition area. He explained the issues with this development. If the Winmore proposal stays within the Northern Transition area, there will be a joint public hearing in October in accordance with the Joint Planning Agreement. If the area is annexed, Carrboro would make all decisions on this development. There are two parts - the Winmore village mixed used project and text amendments to the village mixed use criteria. The text amendments can apply to any other village mixed use project that may come forward. There is a Carrboro Northern Transition Committee that is involved with issues in this area. He said that if after receiving the proposal, the Planning staff determines that they need additional time to review or if they have objections, they will ask Carrboro to delay approval until the County Commissioners have an opportunity to make comments. He said that if annexation occurs before Orange County is involved in the process, Orange County would only be entitled to courtesy comments on the annexation. If this project stays within the transition area, Carrboro and the Board of County Commissioners would have to have the affirmative vote in order for the project to proceed. Public Comments Mark Gill, resident of the Carrboro joint development area and a member of the HOTZ (Home Owners of the Transition Zone) steering committee, said that he is here to share his concerns about Winmore. One of the concerns is that Winmore has not been well thought out, but rather has been rushed into existence. He said that after attending many Carrboro Board of Aldermen meetings and talking with the developers, he has the following concerns: Considering the size and complexity of the Winmore project, very limited public discussion occurred on amendments recently adopted by Carrboro's into their development ordinances. The amendments were introduced by the Winmore developers with the effect of merely making the development more profitable for the developers. He said that the public discussions consisted of portions of two Carrboro town meetings. Comments from Carrboro Aldermen Alex Zaffron have indicated that village mixed use high density development is an experiment and that the VMU ordinances are nothing more than an educated best guess. He said that this conveys disregard for a well thought out design process. When asked if Bolin Creek was the best site for Winmore, the developers would not directly respond, but rather indicated that the current site was the only available property. This is not a well thought out criterion for site selection, especially considering the sensitive nature of Bolin Creek. The developers would also not comment on the impact of such a development on the local schools. He said that rather than addressing the relationship between new housing and adding public services, the Town Attorney stopped all discussion with the phrase, "no moratoriums." He said that moratoriums are another way of timing and scaling growth with public services. The Winmore developers have also sited a supporting study, which was co-authored by Professor Phillip Burke of the UNC Department of City and Regional Planning, for the development. Upon receiving a copy of the study, he noted that it was incomplete, missing all graphical and tabulated data. He contacted Professor Burke and welcomed an educational session with members of the HOTZ steering committee. Dr. Burke clearly pointed out the following items relative to high density housing: 1) environmentally sensitive areas should not be primary sites of development; 2) where land is upzoned to