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HomeMy WebLinkAboutAgenda - 04-21-2015 - 6cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 21, 2015 1 Action Agenda Item No. 6 -c SUBJECT: Amendment to the Orange County Code of Ordinances Regarding the Parks and Recreation Council DEPARTMENT: County Attorney ATTACHMENT(S): 1) Adopting Resolution 2) DRAFT Chapter 26 PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: John Roberts, 245 -2318 David Stancil, 245 -2522 PURPOSE: To consider adopting a resolution to amend the Orange County Code of Ordinances related to the Parks and Recreation Council and associated language. BACKGROUND: In 1979 the Board of Commissioners adopted an ordinance creating a parks and recreation department, a parks and recreation advisory board, and a director of parks and recreation. Since that time and particularly in the last five years, numerous changes to the department, advisory board, and position have been implemented. Among the changes, the Board of Commissioners changed the name of the department to the Department of Environment, Agriculture, Parks and Recreation; the Manager merged the position of director of parks and recreation with the director of environmental programs; and the Board of Commissioners changed the rules and procedures governing and directing the parks and recreation advisory board (now named the Parks and Recreation Council). The proposed amendment addresses and codifies these changes as shown in the attached draft amendment. FINANCIAL IMPACT: There is no financial impact to the County associated with the amendment of the Code of Ordinances. RECOMMENDATION(S): The Manager recommends that the Board: 1) Adopt the Resolution Amending Chapter 26 of the Code of Ordinances of Orange County; and 2) Authorize staff to make any typographical or other non - substantive corrections as may be needed prior to and during the process of submission of the amended ordinance to Municode. RES- 2015 -024 Attachment 1 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 26 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved by the Board of Commissioners of Orange County, North Carolina: WHEREAS, Orange County, through ordinance, since 1979 has maintained a parks and recreation department, director, and advisory board; and WHEREAS, since 2009 numerous changes have been implemented regarding the parks and recreation department, director, and advisory board; and WHEREAS, the ordinance has not been amended to reflect those changes; and WHEREAS, the Orange County Board of Commissioners, believing it to be in the best interest of the citizens and residents of Orange County, hereby determines that Chapter 26 of the Orange County Code of Ordinances should be amended to reflect the current status and operations of the parks and recreation department, director, and advisory board in Orange County. NOW THEREFORE, the Orange County Board of Commissioners hereby amends Chapter 26 of the Orange County Code of Ordinances as shown in the attached revised ordinance. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this day of , 2015. Earl McKee, Chair Orange County Board of Commissioners Attest: Donna Baker, Clerk to the Board [SEAL] ORD- 2015 -010 Attachment 2 • Chapter 26 - PARKS AND RECREATION • ARTICLES I, II. - RESERVED • Secs. 26-1-26-90. - Reserved. • ARTICLE III. - PARKS AND RECREATION COUNCIL X11\' /691:1)►aWNDI►1DICL \0RA • Sec. 26 -91. - Preamble. (a) (b) (c) (d) (e) (f) (g) The county board of commissioners has determined that: Planned recreation affords a large percentage of people their only opportunity for a choice as to wholesome recreation and is of great personal and social importance to all, and Adequate recreation lands can be acquired and recreation structures developed by Orange County, and Planned (organized) recreation provides one of the brightest hopes for a continuation and refinement of our democratic way of life, and The cost of planned recreation is relatively low, and Local government involvement gives permanence and continuity to recreation, and 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 The nonrevenue 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. (Ord. of 2 -5 -1979, art. I, § I, eff. 2 -5 -1979) • Sec. 26 -92. - Definition of recreation activities. For the purpose of this article, 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. (Ord. of 2 -5 -1979, art. I, §H, eff. 2 -5 -1979) • Sec. 26 -93. - Definition of recreation areas: Structures: County: Manager: Governing body. Council, for the purpose of this article, means the Orange County Parks and recreation Council. County, for the purpose of this article means the County of Orange. 3 Formatted: Different first page header Governing body, for the purpose of this article, means the county board of commissioners. Manager, for the purpose of this article, means the county manager, or another person to whom he delegates the administrative duties and responsibilities of the county. Structures and areas, for the purpose of this article 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, borrowed, controlled, or operated within the boundaries of Orange County. (Ord. of 2 -5 -1979, art. I, § III, eff. 2 -5 -1979) • Sec. 26 -94. - Powers, general. It is the-a basic function of the Orange County Department of Environment, Agriculture, Parks, and (Recreation Peg& etA-to promote recreation for its e4tzea residents 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. (Ord. of 2 -5 -1979, art. I, § IV, eff. 2 -5 -1979) • Secs. 26 -95-26 -114. - Reserved. • DIVISION 2. - RECREATION COUNCIL • Sec. 26 -115. - Creation; name; number of members. There is hereby created an Orange County Parks and Rrecreation Council composed of 13 eittzens residents of Orange County, to be known as the Orange County Parks and Rrecreation Council. (Ord. of 2 -5 -1979, art. It § V, eff. 2 -5 -1979) Editor's note By March 6, 2008 Board of Commissioner action the Department of Recreation and Parks was renamed as the Department of Parks and Recreation. Consequently the Recreation and Parks Council is referred to as the Parks and Recreation Council. By subsequent Board action dated April 13, 2010, the Department of Recreation and Parks was merged with the Department of Environment and Resource Conservation (including the Soil and Water Conservation District Office) and renamed as the Department of Environment, Agriculture, Parks and Recreation (DEAPR) effective April 1, 2010. • Sec. 26 -116. - Council; powers and duties. The council shall serve as the advisory body for the department of parks and recreation. The Ceouncil's powers and responsibilities shall be as those powers and responsibilities are stated in the Orange County Board of County Commissioners Advisory Board Policy and the Parks and Recreation Council Policies and Procedures (the "Applicable Policies "), and as those Applicable Policies may be amended from time to time. E0 For the establishiiiefft of a system of supefvised reerea4ieff for the ea"; 04 (Ord. of 2 -5 -1979, art. II, § VI, eff. 2 -5 -1979) • I Sec. 26 -117. - Appointment of the c-Council. Each member of the eCouncil shall be a county resident appointed by the county board of commissioners. The county parks and recreation council shall be composed of one member of the 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. (Ord. of 2 -5 -1979, art. II, § VII, eff. 2 -5 -1979; Amend. of 6 -4 -2002, eff. 6 -4 -2002) • Sec. 26 -118. - Length of appointment. Each member shall be appointed as provided in the Applicable Policies. Formatted: Indent: Left: 0 ", First line: 0.33 ", Right: 0 ", Space Before: 2.4 pt, After: 12 pt (Ord. of2-5 -1979, art. II, § VIII, eff. 2 -5 -1979) • Sec. 26 -119. - Meetings. Council meetings shall be held as provided in the Applicable Policies. (Ord. of 2 -5 -1979, art. II, § IX, eff. 2 -5 -1979) Sec. 26 -120. - Vacancies. Vacancies in the Council shall be filled as provided in the Applicable Policies. (Ord. of 2 -5 -1979, art. II, §X, eff. 2 -5 -1979) • Sec. 26 -121. - Compensation. Council members shall serve without monetary compensation. (Ord. of2-5 -1979, art. II, §M,, eff. 2 -5 -1979) • Sec. 26 -122. - By -laws. The only by -laws of the council shall be as reflected in the Applicable Policies. and approval. (Ord. of2-5 -1979, art. II, §MI, eff. 2 -5 -1979) • Secs. 26- 123 -26 -142. - Reserved. • DIVISION 3. - DEPARTMENT OF PARKS AND RECREATION FOOTNOTE(S): - -- M - -- Editor's note— By Board of Commissioner action dated April 13, 2010, the Department of Recreation and Parks (renamed to Department of Parks and Recreation by Board of Commissioner action on March 6, 2008) was merged with the Department of Environment and Resource Conservation (including the Soil and Water Conservation District Office) and renamed as the Department of Environment, Agriculture, Parks and Recreation (DEAPR) effective April 1, 2010. Please contact the Director of the Department of Environment, Agriculture, Parks and Recreation, David Stancil at (919) 245 -2510 for more information. • Sec. 26 -143. - Creation of the department of parks and recreation. There is hereby created a department to be known as the department of parks and recreation, which shall function directly under the county manager. (Ord. of2-5 -1979, art. III, §MII, eff. 2 -5 -1979) • Sec. 26 -144. - Parks and recreation department; powers and duties. The department of parks and recreation shall have complete supervision 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; shall 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. (Ord. of2-5 -1979, art. III, §XIV, eff. 2 -5 -1979) • Sec. 26 -145. - Director of parks and recreation. The position of director of parks and recreation is hereby created. The position is merged with that of director of the Department of Environment, Agriculture, Parks, and Recreation. The position, together with any future changes thereto, shall be subject to Chapter 28 of the Orange County Code of Ordinances. Ielshe (Ord. of2-5 -1979, art. III, §XV, eff. 2 -5 -1979) • Sec. 26 -146. - Powers and responsibilities of the director of parks and recreation. The director of parks and recreation shall have those powers and responsibilities as determined by the Orange County Manager . (10 raw M Formatted: Indent: Left: 0 ", First line: 0.33 ", Space Before: 2.4 pt, After: 12 pt (Ord. of2-5 -1979, art. III, §XVI, eff. 2 -5 -1979) • Sec. 26 -147. - Reports. The director of parks and recreation shall make such reports as may be deemed necessary by the county. The director shall prepare the department's annual budget, which shall be submitted to the parks and recreation council, for its consideration before it is submitted to the manager. (Ord. of 2 -5 -1979, art. III, § XVII, eff. 2 -5 -1979) • Secs. 26- 148-26 -167. - Reserved. �11\V /69 COMM a1► /_ \►[ilDI • Sec. 26 -168. - Grants, gifts, requests and other contributions. All offers to the county of gifts, grants, leases, loans, bequests or devices of personal and real property for recreation purposes shall be referred to the parks and recreation 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 G.S. 160A- 353(6) to accept any such gift and hold any property accepted subject to such terms and conditions as may 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. (Ord. of 2 -5 -1979, art. IV, § XVIII, eff. 2 -5 -1979) • Sec. 26 -169. - Budget request, appropriated monies and revenue producing activities. The annual budget shall be submitted according to Orange County budgetM processes. (Ord. of2-5 -1979, art. IV, §XIX, eff. 2 -5 -1979) • Sec. 26 -170. - Disbursement. The funds appropriated by the board of commissioners to the pafks and reereation depaFtm shall be administered by the county finance officer in the same manner as are funds for other departments of the county and in compliance with the Local Government Fiscal Control Act. (Ord. of 2 -5 -1979, art. IV, § XX, eff. 2 -5 -1979) • Secs. 26- 171 -26 -190. - Reserved. • DIVISION 5. - PLANNING AND COORDINATION • Sec. 26 -191. - Planning and coordination. The p&AEs affd reereeAi ft dep&ftiiie Department of Environment, Agriculture, Parks, and Recreation 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 fixture 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. (Ord. of2 -5 -1979, art. V, §XH,, eff. 2 -5 -1979)