Almost two years after the initial application was submitted, the Pine Forest Development won approval Tuesday night, July 19, from the Moore County Board of Commissioners to be rezoned from Residential/Agricultural to a Planned Unit Development Hamlet [PUD-H].
But don’t expect to see carpenters, bricklayers, or earth-moving equipment on the 1,652 acre parcels right away. The rezoning approval does not include water or sewer agreements that must be approved before actual development of the property can begin.
Casting their votes Tuesday night, for the first time in at least seven years, the Board used signed, paper ballots. The three-to-one vote to approve the rezoning was opposed by Commissioner Tim Lea and supported by Commissioners Nick Picerno, Craig Kennedy, and Jimmy Melton. Commissioner Larry Caddell, a former Mayor of the Town of Carthage sought recusal from the process in its early stages, after hearing testimony that the development could threaten Nick’s Creek, the source of the town’s water supply.
Chairman Picerno pointed out that there are still “two very large obstacles” that must be overcome before building can begin at Pine Forest — the approval of the water and sewer agreements for the PUD-H. The sewer agreement includes the developer MHK, Inc’s plans to construct a private wastewater treatment facility on-site.
Water from Nick’s Creek
The wastewater treatment played a significant role in Commissioner Lea’s decision to oppose the rezoning. He explained that safeguarding Nick’s Creek from a potential spill from the plant was something that could not be guaranteed. Given the scarcity of water supplies within Moore County, Lea said, he “didn’t think the risk was worth the development.”
However, concerns about in Nick’s Creek and the Carthage water supply seem to have been sorted out by Pine Forest developer MHK, Inc. and the Town of Carthage. The Town’s Commissioners asked for two additional requirements, to which MHK agreed: No withdrawal of water from Nick’s Creek by any person or entity within the development, and no water discharge within twenty-five feet from the wetland boundary or seventy-five feet from either side of the blue line stream, whichever is greater.
MHK has also volunteered to have surface and ground water monitoring done to determine water quality on a quarterly basis.
As an additional measure to protect the Carthage water supply, the developer offered during Tuesday night’s meeting to give the Town of Carthage and-or Moore County third party rights on the property through an “easement in gross.” In other words Carthage and-or Moore County would be in charge of monitoring Nick’s Creek — not the developer and not a Home Owners Association [HOA]. The proposed easement will run in conjunction with an already agreed upon deed restriction which tackled the issue of riparian rights for the Pine Forest development. Moore County and Carthage will have to agree on who will be granted third party rights to the land.
Wastewater Facility
Along with water rights for the property, Chairman Nick Picerno asked who would monitor the one million gallon a day wastewater treatment facility that MHK is proposing to build for the Pine Forest development. “[I] don’t think we have addressed what happens twenty five years down the line,” said Picerno.
After viewing the County’s Addor wastewater treatment facility, Picerno said he was concerned that Pine Forest might be unable to meet the Zoning Ordinance standard — which requires that the development “not materially endanger the public health or safety” — because of the close proximity of the proposed wastewater treatment facility’s storage lagoon to Nick’s Creek.
Hobbs, Upchurch & Associates engineer Fred Hobbs, the firm representing MHK on the project, said that any wastewater treatment facility being built by the developer will meet the same strict guidelines as the County’s Addor wastewater treatment plant.
Hobbs assured the Board that, every five years, the facility will be reviewed by the state, adding that the the operator — not the developer — of the facility is approved by the Sate Utilities Commission. Moore County Planning Director Joey Raczkowski said that the state will provide significant oversight for such a facility through reporting and testing.
MHK, Inc. will also have to set aside cash reserves for the facility in the form of a bond — the amount is set by the State Utilities Commission — that will be called if upgrades have to be met. The building quality planned for the facility is such that, if needed, the County could take over operations in the future, said MHK principal Walter J. “Rusty” Mackey. An extra million dollars will be spent to meet County standards for the wastewater treatment facility at Pine Forest, Mackey added.
The Vote
The three Commissioners — Picerno, Kennedy, and Melton — who voted to approve the rezoning request agreed that it holds development on the property to a standard that is more “stringent” than the current zoning of the tract.
“Only time will tell if that decision was right,” said Commissioner Melton, who said he believed the rezoning was good for Moore County’s wildlife and water resources. Chairman Nick Picerno said he “struggled with the [rezoning] issue from day one, because there are so many pros and cons.”
Before the vote, the Commissioners were presented with a worksheet by Planning Director Raczkowski that enumerated: four ordinance standards, eighteen ordinance conditions, and four additional conditions volunteered by MHK, Inc.
The PUD-H zoning was put into place by the Planning Department prior to the Pine Forest request in an effort to “conserve” property, but also allows some “flexibility” for the landowner, said Raczkowski. The re-zoning of the property will run with the land — not the owner.
The proposed Pine Forest development will include a maximum of 710 residential units, commercial/retail development, two eighteen hole golf courses, and one nine hole short golf course. The property is located on the north side of NC 211 between West End and West Pine Middle School.
Public Works Contracts
In other business during Tuesday night’s meeting, the Board approved Public Works Director Randy Gould’s request to award a contract to Wharton-Smith, Inc. in an amount not to exceed $21.5 million to upgrade and expand the Moore County Water Pollution Control Plant at Addor. The County is borrowing the money for the project with a 2.22% interest loan for twenty years.
Commissioner Larry Caddell said the County has been setting money aside preparing for this project in an effort to prevent increases to customer rates. “You can’t pay as you go on all of it, but you can pay as you go on part of it,” said Caddell.
Also at Gould’s request, the Board approved an amendment to the engineering services contract with McGill Associates for $93,000 for Vass sewer improvements, to extend the term of the contract from July 11, 2011 to October 31, 2011 to coincide with an NC Rural Center deadline and to exempt Moore County from certain engineering services requirements.
Convening as the East Moore Water District [EMWD], the Board approved an amendment to the engineering contract with Hobbs, Upchurch and Associates for the EMWD Phase III not to exceed $35,000. The additional money is due to eight new roads that have been added to the project. Commissioner Lea was recused from the vote due to a conflict of interest.
The Board approved a request by Gould to award a construction contract not to exceed $525,000 to Terry’s Plumbing & Utilities for the ATEX Technologies sewer project.
The Board approved a contract to Dun-Right Services, Inc. in the amount of $102,000 for the rehabilitation of manholes.
Department of Aging
The Commissioners accepted during Tuesday’s meeting a Community Care Block Grant to the Department of Aging for funds totaling $747,000, which will be used for programs including transportation (medical and general/nutrition); nutrition (congregate and home delivered meals); in-home aide services (Level I and II); information and assistance; and Senior Center operations. The required local match of $83,000 has already been included in the Aging Department’s budget.
The Board also accepted an additional $11,400 grant to the Department of Aging. The funds will be used to distribute meals as well as provide a van and a driver to transport meals to six different drop off sites.
Taxes
Moore County Tax Director, J. Wayne Vest gave the Commissioners a tax and settlement report for the 2010-2012 tax levy. Unpaid real property taxes for the 2010 fiscal year totaled $280,000; for personal property, the total was $31,000. Vest said the tax department has had twenty consecutive years at a 99% tax collection rate.
The Board approved the tax and settlement report and authorized Vest to collect all real and personal taxes for the 2010-2011 year and prior year delinquent taxes.
Airport
The Board approved four-to-one, with Commissioner Lea in opposition, a resolution allowing the Moore County Airport to modify a grant that will allow the Airport authority to acquire land in the airport’s safety approach areas. A required local match of $23,000 will come from the Moore County Convention and Visitor’s Bureau.
The Board also approved four-to-one, with Lea in opposition, acceptance of a State Aid to Airports Grant from the NC Department of Transportation for $2.1 million, with the local match of $231,000 previously app-roved by the Board.
Planning Appointments
The Board of Commissioners during Tuesday’s meeting appointed Martha Blake, Les Murray, Thomas McGinnis, Johnny Harris, and Todd Williams to the County Planning Board. Robert Hayter was named the new Planning Board Chairman.
Other Business
Other business conducted by the Moore County Board of Commissioners on Tuesday, July 18 included:
• The Board approved a "Wellness Works" Contract with Pinehurst Medical not to exceed $335,000, which provides medical staffing for the county's employee health center.
• The Commissioners approved an the ambulance transport billing services contract to EMS Management Consultants, who will be paid a six percent fee for the approximately $2.8 million generated from billing insurance companies, Medicare, and Medicaid for ambulance services.
• The Board agreed to consider a funding request from Moore County Historical Society [MCHA] for the next fiscal year. The MCHA is a non-profit organization that maintains four houses that date back to the 1700’s, including the Shaw House. The maintenance of these facilities has been done through donations, special fundraisers, and the hard work of volunteers, said MCHA President Joy Wise.
• The Commissioners agreed to purchase four IPads for $2,500 in an effort to save energy and paper consumed in printing the bi-monthly Commissioner meeting agenda packets.
Appointments
The Board of Commissioners approved the following appointments on Tuesday, July 18:
• Milton Dowdy to the Moore County Transportation Committee.
• Mayor Eddie Callahan from Vass was appointed as the ESAC Municipal Government Representative.
• Kathy Liles, Hunter Stovall, and Paul Hodges were reappointed to the Board of Adjustment.
• Ms. Jimmie Ann Lassiter was appointed to the Jury Commission for a two-year term.
• Commissioner Jimmy Melton was reappointed to the Triangle Area Rural Planning Organization [TARPO], with Craig Kennedy as an alternate.
• The NCACC Voting Delegate is Craig Kennedy, who will be attending a conference from August 18-21.
• Optometrist Dr. Michele Keel was appointed for a three year term to the Moore County Board of Health.
