A four-acre difference of opinion has created an enormous rift between the Foxfire Village Council and members of the town’s Planning & Zoning Committee.
And, while no resolution was reached during the Tuesday, February 14 meeting, both sides did eventually agree that better communication and fact-sharing could have mitigated the storm.
The question that has vexed the Council for the last few months is: What is the best and most appropriate minimum lot size required to own and maintain a horse on property in the equestrian zoning district?
In 2005, the Foxfire Village Council drafted and approved an amendment increasing the minimum equestrian lot size from six acres to ten acres; however, the ordinance was never properly codified. When that oversight was discovered last Fall, the Council called a new Public Hearing in October to collect input and reaffirm the prior decision.
During the October 2011 hearing, a local developer and a real estate professional advocated for a reversal of policy, prompting the Council to re-adopt the ten-acre minimum ordinance, for the sake of formality, but also asking the Planning & Zoning [P&Z] Committee to reevaluate the question.
Since then, the simple matter of this four-acre difference between options drove a wedge between the Council and P&Z, as differing viewpoints were aired during meetings and in recent publications of The Times.
“This is not as simple as six or ten acres: this is a very complicated issue," explained P&Z member Steve Martin. "Every time we tried to move down a specific path, we bumped into issues. We have tried to accommodate people, but we always come back to ten acres [as preferable].”
Essentially, the concern is a twofold: What is best for the horse, and what is best for general aesthetics.
During public comment at the February 14 meeting, Grande Pines developer Pete Mace and Reynwood resident John Quella, both of whom own horse properties in those communities, squared off against Martin and George Worst with strong opinions on pasture management, economic factors, and aesthetics.
“We did not reach this decision without a lot of discussion and research,” concluded Martin, referring to the the P&Z Committee’s unanimous recommendation to maintain a ten acre minimum.
However, Councilman Mick McCue took issue with the fact that the recommendation was presented with very little supporting information.
“I want to talk process,” he said. “The committee’s recommendation did not state all the good information that was presented tonight by Steve and George.”
Instead, McCue argued, the P&Z recommendation was little more than a few conclusive sentences without any supporting details or discussion.
“How is the Council supposed to act? I will not be a rubber stamp!” he warned, later noting that the question was raised when a citizen asked the Council to consider the amendment.
“We owe it to everyone to discuss it fully," McCue said. "And reasonable minds can differ in the end. But that doesn’t mean that I have not considered your recommendation.”
Finance Director Leslie Frusco agreed: “It is our obligation as elected officials to seek as much information and input as possible, before we make a decision. Rarely will we make a decision that makes everyone happy. But if the information presented here was in addition to the summary recommendation, it would have made a world of difference.”
As discussion wound down, McCue, Frusco, and Mayor George Erickson all thanked P&Z Chair Steve Sparks and Steve Martin for attending the meeting and continuing to assist the Council with zoning concerns. In addition, Erickson asked Sparks to consider re-establishing the practice of the previous P&Z Chair, Craig Ramey, of attending regular Council meetings to offer a report of committee activities.
Village Finances
Ninety-four percent of budgeted Ad Valorem taxes have been collected, reported Finance Director Frusco.
The Council authorized tax liens to be advertised, with outstanding accounts totaling $25,393 for 2011, $2,817 from 2010, and $2,175 from 2009.
The General Fund unrestricted account stood at $932,865, with an additional $75,000 held in restricted capital reserve, and $10,000 in assessments prepaid for Woodland Circle. The Water Fund was reported at $309,000 in unrestricted monies, plus $741 in prepaid assessments for Woodland Circle. In addition, $135,000 is held in a restricted escrow account for a new water well, if needed in future.
Annual bank loan payments in July totaled $26,966 from the General Fund and $41,144 from Water Fund.
An interest-only payment towards the Woodland Circle project due in April 2012 totals $75,810 from the General Fund and $5,357 from the Water Fund.
In related finance discussion, Frusco noted that budget preparation for Fiscal Year 2013 has commenced, and two citizen participation meetings have been scheduled on May 1 and May 3.
“These meetings are not a public hearing or a presentation of the budget," Frusco explained. "They are an opportunity for residents of Foxfire to come and speak and to ask questions on a variety of issues and projects the Council may be considering: How projects will affect tax rates and things being proposed — whether they should be included or not included.”
Frusco anticipated the preliminary budget will be available for public review on June 1, with a public hearing scheduled on June 12, followed by a Council work session to make any modifications, and eventual adoption on June 26.
Golf Course debris site
Councilman McCue reported that progress has been made toward reducing the enormous pile of yard debris collected at the maintenance area of Foxfire Golf & Resort.
He said the course has cleared a fire pit area and have been in contact with West End Fire Rescue to assist with safety and securing the necessary burn permits. The work is anticipated to be completed in a series of burns, rather than one major event.
Streets
As part of an ongoing effort to bring Village streets in compliance with new Federal standards, Councilman John Eltschlager reported requests for bids were sent to three sign installation firms. He noted that other interested parties are also welcome to bid; information is available at the Foxfire Village administrative offices.
Disposal of surplus property
With a unanimous nod of support, the Council approved a new policy on the disposal of surplus property, with the caveat that Mayor Erickson and Town Clerk Lisa Kivett develop a set of procedures for identifying items before she authorizes their disposal.
As approved, surplus items must also meet three criteria: have a fair market value of less than $10,000; no longer be necessary for conducting Foxfire business; and would best serve the interests of the Village by being disposed of.
Rep. Boles and Rep. Coble
Reporting on recent contact with elected representatives on some bigger picture issues of concern to Foxfire, Mayor Erickson said NC Representative Jamie Boles' office will keep the Village informed as discussion of fracking for natural gas is brought before the NC General Assembly.
In response to the Council’s resolution opposed to larger and heavier trucks being permitted on US highways, US Congressman Howard Coble sent a letter noting his concern that such vehicles would damage smaller roads.
Other business
In other business during the Tuesday, February 14 meeting of the Foxfire Village Council:
• Tommy McCaskill and David Meldrum were appointed by a vote of acclamation to serve on the Appearance Committee. Each will serve a three year term.
• Acceleration fees were waived on a delinquent Woodland Circle assessment account which was recently brought up to date. Payment, including additional interest, was received on January 30, 2012, and all future installments will fall due as if there had been no default.
• The five-year Long Range Plan was unanimously approved, as written, and officially adopted.
• The revised personnel policy was unanimously approved. McCue reported that changes in policy were discussed with Village employees and received favorable comments.
• With fewer students enrolled in the UNC Master of Public Administration program and none showing interest in small municipal government, Councilwoman Frusco said, unfortunately, the Village was unable to attract a ten-week MPA intern. She noted that a local resident willing to offer housing to a graduate student could make a difference in securing the position next year.
