Tying up a few loose ends in quick succession through four public hearings held on Tuesday, June 12, the Foxfire Village Council:
• Adopted the Fiscal Year 2012-2013 Budget, with a three cent tax increase;
• Repealed the private water well ban;
• Revised an existing appearance ordinance;
• And finally put to bed the months-long controversy over minimum lot size requirements for equestrian properties.
When the Village originally created its equestrian zoning district, the ordinance required at least six acres to keep a horse. In 2005, the Foxfire Village Council increased that minimum from six acres to ten acres; however, the revised ordinance was never properly codified.
Last Fall, that oversight was discovered; and, based on a recommendation by the Village Attorney, the current Council called a public hearing to gather input before reaffirming the ten acre requirement. The Council was urged to reverse the policy by a local developer and a real estate professional to reverse the policy, who argued that a six acre minimum would increase marketability and was in keeping with established equestrian properties in areas annexed by the Village.
As a formality, the Council unanimously moved to re-adopt the ten acre minimum -- but also tasked the Planning & Zoning [P&Z] Committee with reevaluating the requirement.
Over the course of several months, the issue became increasingly heated as the Planning & Zoning Committee returned with a unanimous recommendation in favor of retaining the ten acre minimum, while others argued that six acres was adequate -- both in terms of proper horse management and aesthetics of the property itself.
Back on the agenda in June for consideration, the controversy appeared to have run its course, as the public hearing drew no words of support or opposition for either position.
“I think it is imperative to discuss this again before we vote,” said Councilman Mick McCue. “I want to put on record some of the way I’ve been thinking. This was a tough call, and it has been batted back and forth between ten and six acres.”
McCue said that, during his initial review last Fall, he visited a well-tended six acre property and, based on that experience, began to question the need for ten acres.
“We have had experts come in to talk to us, including a veterinarian and Animal Control; we talked to our own Planning & Zoning Board; and we looked at the requirements for our neighboring horse properties and developments,” he said. “In my mind, there is no issue on the proper care of two horses on six acres, so then it becomes an issue of aesthetics and open space.”
McCue said an increase to a ten acre minimum does not necessarily guarantee the property will be better maintained or more attractive, a position Frusco supported. Nor would it guarantee that the home and various farm or stables buildings would be more spread out, since the ordinances do not address placement of buildings.
Mayor George Erickson noted that the revised ordinance was carefully written to allow the Village to monitor equestrian properties. Specifically, the ordinance states that the horse owner is responsible for adequate pasture; odor and insect control; and management of waste and run-off from the property.
“This language will allow us to deal with those issues -- those folks, whether it is six or ten or twenty-five acres, if they are not taking care of the animals," Erickson said. "I hope this will meet some of the concerns expressed.”
Satisfied that a six acre minimum would not negatively impact the care of the animals or aesthetics, the Council let the long term financial impact guide their decision.
“The sale of more property in Foxfire is a valid consideration to increase our tax base," McCue said. "Our interests with developers and Realtors are not always aligned, but here they are.”
Frusco agreed.
“I think six acres makes sense for this particular village. It makes sense in terms of trying to grow the village,” she said.
Installation of Private Wells
In response to a new state law enacted last Summer, the Foxfire Village Council begrudgingly repealed a 2007 ban on private water wells within the municipal limits.
“Some municipal water systems get their water from above ground but here, in Foxfire, all of our water comes from below ground," said Mayor George Erickson. "I don’t think the General Assembly thought this through for communities like ours. If a whole bunch of people decide they want to put in wells, then we may have a real problem.”
Presently, Foxfire Village remains under Phase 1 Mandatory Water Restrictions, and a complicating factor is that the Council has no means to enforce this type of water restrictions over private wells. However, they have retained the right to oversee the installation of such wells and can also disconnect that property from the public system if there is a potential for cross-contamination.
“We can exercise our responsibility,” explained Councilman Steve Durham. “If you have a well, and you hook it to your house, we will disconnect you.”
During a public hearing on the issue, resident Steve Gonzalez argued that residents should be able to irrigate as desired.
“The biggest thing that we can do to help Foxfire grow is to beautify the city," he said. "One way to do that is not hinder property owners from beautifying their yards. I want city water for my house, but I disagree that I should be disconnected if I install a well [for irrigation only]. I would not connect a private well to my house. The only reason I want a well is to beautify my yard to beautify the city.”
His comments prompted a terse rebuttal from former Councilman Ed Lauer, who drafted the original ban policy and has long-advocated for water conservation practices in the Village.
“The average well in Foxfire, right now, is three to four inches lower than it was a number of years ago," Lauer said. "Think about what you’re saying! If you want your yard to look great, then plant plants that don’t need watering.”
“This is the Sandhills," Lauer continued. "We are a unique place. Please be careful with the water you use. You need to think about it before you go and put in an acre of grass. And then think what your house will be worth if this Village doesn’t have any water running into it.”
Long Range Planning
The Long Range Planning [LRP] Committee is working on specific objectives contained in the Long Range Plan and developing detailed plans to achieve those goals, reported Councilman Mick McCue.
In addition, the Committee is creating a tri-fold marketing brochure for Foxfire, investigating better ways to communicate with residents, gathering input for both short and long term options for the pool house facility, and looking at long range water needs.
“This is an important thing and, from tonight’s discussion, you can see we’re not too early in studying options for our future,” he said.
Erickson recommended that marketing efforts should include advertisements in glossy magazines that will be distributed at the 2014 US Open.
Finance
As of May 31, the General Fund balance stood at $878,863, including restricted amounts of $12,117 in Powell Bill funds, $20,995 in the Stonehill Pines fund, and $75,080 held in capital reserve, reported Finance Director Frusco.
The Water Fund stood at $351,634, with an additional $135,673 held in a restricted escrow account for a new water well.
Annual bank loan payments for the new fiscal year include a July payment of $29,966 toward the Village Green Park, a July payment of $41,144 toward water improvements, and April 2013 payments of $173,300 from the General Fund and $13,929 from the Water Fund toward the Woodland Circle loan.
Continuing the Financial report, Frusco expressed her appreciation for a successful tax year.
“One hundred percent of our budgeted property taxes have been collected, due in great deal to the diligence of our tax collector [Deputy Finance Officer Sharon Sanchez]," Frusco said.
"We are very serious about collecting funds that are owed to the Village and we will use every legal means to do so,” she cautioned. “We want to be friendly, a great place to live, and for everybody to work together. And that means working with us.”
Memorial Fishing Tournament
The Foxfire Police Department will honor the late Rick Rhyne with a Memorial Fishing Tournament and other activities, scheduled for Saturday, August 11, from 10:00 am to 5:00 pm, at the Village Green Park and Lake McKenzie in Foxfire.
Together with his wife, Wanda, Rhyne started this annual tradition during his twenty-five year career serving as Chief of Police for the Village. The retired Chief was killed in the line of duty last year, while serving with the Moore County Sheriff’s Office.
Co-sponsored by the Boys & Girls Club of the Sandhills, Kiwanis Club of the Sandhills, and the Parks and Recreation Departments of Aberdeen and Southern Pines, the day’s activities will begin at the Village Green Park with a tribute to Rhyne. The fishing tournament is open to children, and other activities include the NC Wildlife Sensory Safari Trailer & Mobile Aquarium, featuring live fish native to the state, a local fire truck, the Foxfire Police Humvee, and a smoke trailer to demonstrate fire safety.
Come out and enjoy a picnic lunch. Talbert Catering will be on-site with food available for purchase.
The event is free for children ages three to sixteen years. Bait for fishing and children’s lunch is provided. You may pre-register for the tournament -- and be eligible to win a $50 Savings Bond -- by calling the Boys & Girls Club at 910-692-0777. Deadline for pre-registration is July 30.
Public Safety
Security cameras have been installed at the pool and will soon be active at Village Green Park, reported McCue. The cameras can provide a live video feed to the Foxfire Police offices and vehicles.
The Senior Touch program is going well, he said, with seven residents signed up and receiving regular monthly visits from members of the police department.
Transfer rights for watershed
Foxfire's Public Water Supply Watershed Area was determined in 1993, by the North Carolina Department of Environment and Natural Resources; however, extraterritorial jurisdiction [ETJ] areas were not included in the original calculation. Since that time, many municipalities -- including Foxfire -- have expanded their limits through annexation and ETJ expansions.
A review by the Moore County Planning Department that compared the current town boundary to the 1993 map resulted in a recommendation to substantially increase the Public Water Supply Watershed area allocated to Foxfire Village.
Under the Drowning Creek Watershed map of 1993, Foxfire was granted 1,644 acres. As approved by a resolution of the Council, and based on the new size calculation, Foxfire has now been granted 10,678 acres of total watershed area.
Erickson explained that the Village will assume greater financial responsibilities, based on this change, if they decide to develop more land. But the increase will also add more leeway and flexibility for the Village to grow in the future.
Land Use Plan update proposed
The Land Use Plan for Foxfire was developed thirty years ago, reported McCue.
“We need an update!" he said. "This plan dates from a time when the Village and the club [Foxfire Resort & Golf] were virtually the same.”
McCue said the project could be completed in house by the Planning & Zoning Committee or by the LRP Committee.
Erickson said, while outdated, the original plan was very well-written and had been complimented two years ago during a related project with Moore County.
“We know the basic document is not terrible, so that should make the task more a tweaking than a complete redoing,” he said.
Other business
In other business on Tuesday, June 12, the Foxfire Village Council:
• Eliminated an ordinance banning outdoor washing and drying clothes on a line; however, the change will have no impact because the ban on was added to a more appropriate section of the Village Ordinances.
• Considered three bids for roadside mowing. By unanimous approval, the Village renewed the contract with Gilbert Brown, which also includes hauling services from the Yard Waste site.
• Unanimously approved a proposal, recommended by Moore County, to participate in developing a Regional Hazard Mitigation Plan. “Moore County believes, in the long range, this will be less expensive, with four counties involved, and will give the plan more clout,” explained Erickson.
• Heard from Erickson that the Triangle J Council of Government is working on a plan to improve four key areas of concern within the seven-county region. “We hope to develop a strategic plan to work cooperatively to improve the whole area,” he explained.
• Heard from Councilman Steve Durham that the developer of Pineland Preserve has asked to run a waterline under the roadway into the main line. “I have to believe that means there is some building going on over there, so that is good news,” he said.
• Reappointed, by a vote of acclamation, Nick Xanders to serve a three year term on the Appearance Committee. Xanders has been a member of this committee since October 2003.
