REGULAR MEETING OF THE VILLAGE OF CLEMMONS COUNCIL - Discover Clemmons
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
REGULAR MEETING OF
THE VILLAGE OF CLEMMONS COUNCIL
April 11, 2022
The Village of Clemmons Council met on Monday, April 11, 2022, at 6 p.m. The meeting was
held at the Village Hall, Clemmons, North Carolina. The following members were present:
Mayor Rogers, Council Members Combest, Taylor and Wrights. Council Members Barson and
Cameron participated remotely. Attorney Elliot Fus was also present.
Call to Order & Pledge of Allegiance
Mayor Rogers called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance.
Public Comments
There were two citizens in attendance. There was one individual that spoke during public
comments:
-David Cross, 165 Huron Court, Clemmons, NC – expressed his thoughts of needing an
independent survey done to assess the needs for/of a community center.
Approval of the Minutes
Council Member Combest moved to approve the minutes of the March 28, 2022 regular meeting
as presented. The motion was seconded by Council Member Taylor and unanimously approved.
Approval of the Agenda
Council Member Taylor moved to approve the agenda as presented. The motion was seconded
by Council Member Wrights and unanimously approved.
Announcements
A. Mayor Rogers announced the Village of Clemmons offices will be closed for
Good Friday on April 15, 2022.
B. Mayor Rogers announced the Special Meeting for the Budget Workshop will take
place on Monday, April 25, 2022 at 4:00pm.
Business – Action Items
A. Ordinance 2022-02 Amending Title III of the Code of Ordinances to Clarify the
Roles of the Mayor and Manager – Council Member Combest advised Council
that all feedback has been incorporated into the proposed draft and is now ready
for their consideration.
Council Member Combest made a motion to approve Ordinance 2022-02 Amending Title III of
the Code of Ordinances to Clarify the Roles of the Mayor and Manager as presented (attached
hereto as Exhibit A and incorporated as a part of the minutes). The motion was seconded by
Council Member Taylor and unanimously approved.
Village of Clemmons Council
April 11, 2022 Minutes
Page 2
B. Ordinance 2022-03 Amending Portions of the Code of Ordinances to
Decriminalize Certain Violations – Attorney Fus advised of the edits made to the
draft and due to legislative requirements, this will need to be voted on at the next
meeting as well as this deals with decriminalizing certain violations but there are
also some which criminal penalties still apply.
Council Member Taylor made a motion to approve Ordinance 2022-03 Amending Portions of
the Code of Ordinances to Decriminalize Certain Violations as presented (and will be added to
the next meeting’s agenda for the second vote). The motion was seconded by Council Member
Wrights and unanimously approved.
C. EB-6040 Project Agreement – Sidewalk Project (Agreement ID #11158) – Planner
Rahimzadeh advised Council this agreement will enable the start of the project
with the reallocation of funds and the next step will go to design (this is a
mechanism for reimbursement from the grant allocation).
Council Member Combest made a motion to approve the EB-6040 Project Agreement –
Sidewalk Project (Agreement ID #11158) as presented (attached hereto as Exhibit B and
incorporated as a part of the minutes). The motion was seconded by Council Member Taylor
and unanimously approved.
Business – Review and Items for Future Action
D. Marketing & Communications Director’s Report/Events Update
• Clemmons Farmers Market 2022 season begins May 7
• Easter Pop-up Farmers Market will be held April 16 from 8:30am – 11:30am
• Lip Sync Battle will be held Friday, April 22 at Southwest Elementary School
Auditorium at 7pm – in lieu of an admission charge, we are asking for
donations of supplies for foster families
• Clemmons Community Spring Cleanup on Saturday, April 30 from 8am –
noon
Details are available on the Village website and Facebook page regarding all of
our events.
1. Community Center Update – Marketing and Communications Director
Ford made a presentation to Council on the initial Needs Assessment
findings for a community center (attached hereto as Exhibit C and
incorporated as a part of the minutes). She advised this is an on-going
process as there are still several conversations to take place with
community partners. She stated that the needs assessment is to identify a
gap from what the community wants but our community partners currently
cannot offer. The overall response was something of an outdoor theme
(amphitheater, picnic shelters, outdoor recreation and gathering space).
One of the largest gaps she found was with the marketing as these
community partners are part of a larger group that markets more broadly.
She advised of the tremendous benefit it would be to our citizens to
provide community spotlights to market and educate on what all is offered
and available in Clemmons. Her recommendation on where to go from
here is included in the presentation. Council Member Cameron requested
Village of Clemmons Council
April 11, 2022 Minutes
Page 3
that after all the information is received and we know what is available,
drafting a questionnaire or hold community meetings to find out “what do
we not have that you would like to have” (which all Council members
agreed). All Council members commended Marketing and
Communications Director Ford on the great work she has done with
uncovering and identifying these findings to date.
E. Manager’s Report.
1. Stormwater Quarterly Report – Stormwater Tech II Harrison presented the
Stormwater Quarterly Report (January – March 2022) to Council (attached
hereto as Exhibit D and incorporated as a part of the minutes.
2. Preemptive Device at Allegacy Way – Manager Gunnell advised Council
the agreement has been worked out with NCDOT for the installation of a
preemptive device at Allegacy Way. The Clemmons Fire Department will
be responsible for all costs associated with the preemptive device.
Finance Director Stroud advised authorization for a budget amendment
would be necessary in order for the Village of Clemmons to purchase the
device and for Clemmons Fire Department to reimburse the Village.
Council Member Taylor made a motion to authorize a Budget Amendment for the Preemptive
Device at Allegacy Way (attached hereto as Exhibit E and incorporated as a part of the minutes).
The motion was seconded by Council Member Combest and unanimously approved.
3. Amendment to Yadkin Valley Paving Contract – Manager Gunnell advised
Council he was able to work out an agreement with Yadkin Valley Paving
to hold their current prices by keeping them localized for additional
paving.
Council Member Taylor made a motion to approve the Addendum to the Yadkin Valley Paving
Contract as presented (attached hereto as Exhibit F and incorporated as a part of the minutes).
The motion was seconded by Council Member Wrights and unanimously approved.
4. Memorandums for Cancellation and Reallocation of U-4741PE Funds –
Manager Gunnell advised Council a feasibility study is currently being
done by NCDOT for the widening of Highway 158. Planner Rahimzadeh
advised Council we are requesting the reallocation of those funds from U-
4741PE (Highway 158 Sidewalk Project) to EB 6040 and EB 5960 (both
sidewalk projects along Harper Road for full connection from Interstate 40
all the way to the YMCA). Manager Gunnell added the reason we are
looking to reallocate these funds is that some of the surrounding
communities have received recent bids that have come in extremely high.
We are taking the opportunity to have more construction dollars for these
projects as the original estimates were done some time ago and are
expected to be much lower when compared to today’s pricing.
Council Member Combest made a motion to approve the Cancellation and Reallocation of U-
4741PE Funds as presented (attached hereto as Exhibit G and incorporated as a part of the
minutes). The motion was seconded by Council Member Taylor and unanimously approved.
Village of Clemmons Council
April 11, 2022 Minutes
Page 4
F. Attorney’s Report – Attorney Fus advised Council he met with Planner
Rahimzadeh and attorneys and a land planner with the Waterford HOA who were
asking for information regarding the Harper Acres proposed project. He
participated in a remote continuing education program related to ARPA
compliance.
G. Planner’s Report.
1. Off-Premise Sign Moratorium – Planner Rahimzadeh presented a memo
(attached hereto as Exhibit H and incorporated as a part of the minutes) to
Council and advised he is proposing an off-premise sign moratorium
which he will bring before Council at an upcoming meeting for their
consideration. He clarified this is for permanent off-premise signs.
Attorney Fus confirmed this is structured so it will allow for time for us to
review legal authorities and react in a reasonable manner with our
ordinance.
Council consensus was to direct Staff to continue to move forward with the Off-Premise
Sign Moratorium.
H. Council Comments – Mayor Rogers announced the birth of his second grandson,
Charlie Christopher Rogers (8lbs. 10oz.) on Friday, April 8, 2022 at 9:50am. He
stated big brother Trent is taking up with him really well. Council Member
Combest thanked Attorney Fus for his quality crafting of the Conferral of Duties
ordinance and it being clear, concise, comprehensive and practical. Council
Member Taylor provided positive feedback he has received from residents on
SeeClickFix and suggested taking a look at the analytics quarterly to determine
future utilization.
Adjournment
Council Member Taylor moved to adjourn the meeting at 7:06 p.m. The motion was seconded
by Council Member Wrights and unanimously approved.
___________________________________
Mike Rogers
Mayor
ATTEST:
__________________________________
Lisa Shortt, NCCMC
Village Clerk
Exhibit A
VILLAGE OF CLEMMONS
Ordinance 2022-02
AN ORDINANCE AMENDING TITLE III OF THE CODE OF ORDINANCES TO
CLARIFY THE ROLES OF THE MAYOR AND MANAGER
WHEREAS, the Charter of the Village of Clemmons provides in Section 3.1 for a Mayor
and provides in Section 6.1 for a Council-Manager form of Government; and
WHEREAS, N.C. Gen. Stat. § 160A-67 provides that “[t]he powers and duties of the mayor
shall be such as are conferred upon him by law, together with such other powers and duties as may
be conferred upon him by the council pursuant to law”; and
WHEREAS, N.C. Gen. Stat. § 160A-148 provides that “[t]he manager shall be responsible
to the council for administering all municipal affairs placed in the manager's charge by the council,
and shall have [various] powers and duties” enumerated by statute; and
WHEREAS, the Village Council desires to clarify the roles and responsibilities of the
Mayor and the Village Manager in the Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED by the Village Council of the Village of
Clemmons, North Carolina, that the heading of Chapter 31 of the Code of Ordinances be changed
from “[RESERVED]” to “MAYOR AND MANAGER” and that the following sections 31.01 and
31.02 be added to Chapter 31:
§ 31.01 ROLE OF MAYOR
The Mayor shall:
(1) Preside over the meetings of the Council when he is present;
(2) Serve as a key representative and spokesperson for the Village. As such, duties will
include:
a. Be familiar with matters and developments that may impact the Village of
Clemmons. Routinely engage government and private agencies and offices to
gain the knowledge and insight required in this regard.
b. Be a key representative of the Council to other government agencies and
offices, and to private agencies and offices to advocate and advance Village
interests, as established by the Council in a duly called public meeting.
(3) Represent the Village at ceremonies, official meetings, and other necessary
functions.
BT:865898v5
(4) Serve as the head of the Village for the purpose of civil process.
(5) Fulfill specific charters and duties, and execute authorities as conferred by the
Council from time to time.
Council shall, at least annually, review the duties, powers and responsibilities conferred upon the
Mayor and, by formal vote, maintain or update these duties, powers and responsibilities, as it deems
appropriate to ensure that the Mayor can best advance and advocate for Village policy and
objectives.
§ 31.02 ROLE OF MANAGER
(A) The Village Manager shall be the chief administrator of the Village and shall possess all the
powers and duties prescribed by N.C. Gen. Stat. § 160A-148, including:
(1) He shall appoint and suspend or remove all city officers and employees not elected by
the people, and whose appointment or removal is not otherwise provided for by law,
except the city attorney, in accordance with such general personnel rules, regulations,
policies, or ordinances as the Council may adopt.
(2) He shall direct and supervise the administration of all departments, offices, and
agencies of the city, subject to the general direction and control of the Council, except
as otherwise provided by law.
(3) He shall attend all meetings of the Council and recommend any measures that he
deems expedient.
(4) He shall see that all laws of the State, the city charter, and the ordinances, resolutions,
and regulations of the Council are faithfully executed within the city.
(5) He shall prepare and submit the annual budget and capital program to the Council.
(6) He shall annually submit to the Council and make available to the public a complete
report on the finances and administrative activities of the city as of the end of the fiscal
year.
(7) He shall make any other reports that the Council may require concerning the
operations of city departments, offices, and agencies subject to his direction and
control.
(8) He shall perform any other duties that may be required or authorized by the Council.
(B) The manager shall commit significant resources of funds, equipment or staff time only on
the direction of the Council as a body in a duly called public meeting..
BT:865898v5
This ordinance shall be effective upon its adoption.
ADOPTED this the 11th day of April, 2022 by the Village Council of the Village of
Clemmons, North Carolina.
______________________________
Michael Rogers, Mayor
ATTEST:
______________________________
Lisa Shortt, Village Clerk
BT:865898v5
Exhibit B
Exhibit C
Clemmons
Community Center
Initial exploration
CLEMMONS COMPREHENSIVE PLAN
GOAL 5: A VIBRANT COMMUNITY CENTER
Clemmons and partners will
develop a vibrant public gathering
place to serve as a focal point of the
community to support a sense of
place that is walkable, accessible
and available for events and
community programming.
FIRST STEP:
What do
community
partners
currently offer
residents?
One - on - one discussions
01 Clemmons Branch Library
02 Jerry Long Family YMCA
Where to 03 Historic Broyhill
Start?
Ryan Wood Memorial
04 Amphitheater
05 Private Business/ArtistsInitial A surplus of programs and resources, as well as
opportunities for more programming. Our community
Findings partners have a lot to offer, but so often they have some
limitations on marketing and promoting these activities.
Some partners, specifically the library, has state of the art
meeting space that is available.
Gaps/Patterns
Outdoor gathering space: amphitheater,
01
picnic shelters, etc.
Outdoor rec: all -inclusive playground,
02 covered pickleball, sand volleyball,
basketball
Ample parking and open
03
accessibility
Continue meetings
w/community partners
Begin marketing these
programs through Village
Channels as first step
Propose a budget line item for
Where to go community programming for
next fiscal year
Identify ways to engage
residents to identify their
from here? needs and wishes for
programming and community
"spaces"
Appoint Mayor and/or Council
Member to continue exploring
partnership and staff roles
with Shallow Ford Foundation
Explore partnerships and
feasibility of outdoor
gathering spacesExhibit D
Village of Clemmons
Stormwater Quarterly Review January – March 2022
Good Housekeeping – Minor CIP
• Total Projects: 40
• Structures repaired: 31
• ROW Ditch Line Projects: 7
• 402 LF ditch lines regraded
• Locations CCTV’d (camera): 1
• 44 LF inspected
• Shoulder Work Improvements: 2
• 478 LF regraded
Street Sweeping
• Commercial corridors swept
weekly
• 13 cubic yard of debris swept up
• (15.8 TONS) (Jan – March 2022)
• Residential Streets swept
quarterly
• 5.4 cubic yard of debris swept up
• (6.5 TONS) (Jan – March 2022)
Illicit Discharge/NOV’s Reported
• 3 sanitary sewer overflows
• NOV letter issued
• Illicit Discharge into creek
• NOV letter issued
** All issues have been resolved **Outfall Inspections
• Outfall inspections required by
the NCDEQ NPDES Phase 2
permit.
• Check to make sure there is no
illicit discharge running into
waterways
• 79 Outfalls inspected
• 56 residential outfalls
• 23 Industrial outfalls
Permits Issued
• #22-072 Hampton Chase_Occupancy Permit
• #22-073 Barrington Oaks, Phase 2_Occupancy Permit
• #22-119 PNG Gayray St._Occupancy Permit
• #22-120 PNG SW Acres_Occupancy Permit
• #22-125 Tractor Supply SWM Permit
• #22-126 Triad Ocular SWM Permit
BMP Inspections
• All finalized Clemmons BMP’s
require 3rd party inspections
due to staff by March 31.
• All received on time
• Staff currently reviewing all
annual inspection reports
• 6 BMP’s Inspections completed
(Stormwater BMP’s still under construction
are not inspected at this time)
Village of Clemmons
Public Education/Participation Outreach
Stormwater Quarterly Review January – March 2022Southwest Elementary Career Day – March 8, 2022
• Outdoor/In person event
• All grades participated
• Over 300+ students stopped by station
• Talked with students about stormwater
pollution
• How to help stop storm water pollution
• Strom Drain Inlet Demo
Forsyth Creek Week – March 19 – 27, 2022
• Clemmons Events Offered
• Clemmons Creek Week Cleanup – 3
groups
• 62 participants
• 49 bags collected
• ROW (right of way) and Waterways
• Village Point Lake Greenway
• Operation Medicine Drop: March 21
• 141 participants
• 122 pounds of medication collected
• Live Stake Giveaway: March 22 & 23
• 122 participants
Clemmons Adopt A Street
• January – March 2022 Update
• 4 cleanups occurred
• 32 bags of trash collected
• 39 participants
• Gained new group, started
March 2022.
• Adopt-A-Street signs placed on
Village Point Drive (after 2
cleanups completed, as per
contract)
Clemmons Adopt-A-Street Signage
Village Point Drive:
Clemmons DemocratsPublic Education/Outreach - Media
• Facebook • Clemmons Courier Articles/Press
• Stormwater Related Posts Releases
• 15 Posts • Stormwater Informative articles: 1
• Stormwater Saturday Facebook • Press Releases: 9
• 12 Posts • 12 Village Briefings
• Total Posts
• 27
• Clemmons Survey (Live Stakes)
• 176 of 178 Answered (98.9%)
• Not Interested At All (11 responses, 6.2%)
• Somewhat Interested (26 responses,
14.6%)
• Yes – Absolutely (139 responses, 78.1%)
Education/Outreach Examples
Facebook: Stormwater Saturday Email Blast Example
Courier AdvertisingExhibit E
22-G-11
VILLAGE OF CLEMMONS
BUDGET AMENDMENT
FOR THE FISCAL YEAR ENDING JUNE 30, 2022
BE IT ORDAINED by the Village Council of the Village of Clemmons, North Carolina at a regular meeting on April 11th
2022 that the general fund budget be amended to appropriate funds and estimate revenue for preemption device.
Amended Increase Decrease Amended
Revenues
Miscellaneous $ - $ 9,480 $ - $ 9,480
Total Revenues $ 9,480 -
Expenditures
Powell Bill Traffic Contrl $ 15,000 $ 9,480 $ - $ 24,480
$ 9,480 $ -
Total Expenditures
For Information Total Budget
Total Revenues $ 10,133,605 $ 9,480 $ - $ 10,143,085
Total Expenditures $ 10,133,605 $ 9,480 $ - $ 10,143,085
Attest: Adopted 11th day of April, 2022
_________________________________ _______________________________
Lisa M. Shortt, NCCMC Michael Rogers Mayor
Presented by K. Ann Stroud, CPA Finance OfficerExhibit E
Exhibit F
Exhibit G
Village of Clemmons www.clemmons.org
P | 336.766.7511 3715 Clemmons Road
F | 336.766.7536 Clemmons, NC 27012
To: Pat Ivey, Division Engineer NCDOT
From: Village of Clemmons Council
Date: April 11, 2022
Re: Cancellation of U-4741PE
The purpose of this memorandum is to formally announce the Village of Clemmons Council’s desire to cancel
Transportation Improvement Project (TIP) # U-4741PE. The reasons include, but are not limited to: periods of
inactivity due to funding uncertainty, significant increases to the cost of the project, and the potential for road
expansion by NCDOT. The Village of Clemmons will repay the expended STBG-DA amount of $181,121.38
incurred under U-4741PE.
TIP # Total Funding STBG-DA/ STBG-DA/FLEX Obligated Unobligated
FLEX Local Match STBG-DA/FLEX STBG-DA/FLEX
U-4741PE $2,638,000 $2,110,400 $527,600 $183,200 $1,927,200Exhibit G Village of Clemmons www.clemmons.org P | 336.766.7511 3715 Clemmons Road F | 336.766.7536 Clemmons, NC 27012 To: Kelly Garvin, Planning Development Coordination WSDOT From: Village of Clemmons Council Date: April 11, 2022 Re: Re-allocation of U-4741PE Funds The purpose of this memorandum is to formally announce the Village of Clemmons Council’s desire to re-allocate all State Transportation Block Grants - Direct Attributable (STBG-DA) from Transportation Improvement Project (TIP) # U-4741PE to other locally-administered projects under Clemmons jurisdiction in the current State Transportation Improvement Projects. The Village would like to have thirty-five percent (35%) of federal funds in U-4741PE be transferred to EB-6040 and sixty-five percent (65%) of federal funds in U-4741PE be transferred to EB-5960. The Village of Clemmons will continue to honor the requirement of federally-funded projects where the Village pays twenty percent (20%) of the project and the remaining eighty percent (80%) is paid by federal funds. Additionally, the Village of Clemmons will repay the expended STBG-DA amount of $181,121.38 incurred under U-4741PE. Project Old Total New Total New Match EB-6040 $664,000 $1,402,640 $280,528 Project Old Total New Total New Match EB-5960 $1,251,250 $2,623,010 $524,602
Exhibit H
Planning & Community Development www.clemmons.org
P | 336.766.7511 3715 Clemmons Road
F | 336.766.7536 Clemmons, NC 27012
To: Village Council
From: Nasser Rahimzadeh, Elliot Fus
Date: April 11, 2022
Re: Off-Premise Sign Moratorium
The purpose of this memorandum is to explore the potential impacts a one-year moratorium would have on
permanent1 off-premise signage2 . The following is a list of currently allowed off-premises signs:
• Off-Premises Ground Signs
. The following is a list of potential stakeholders that may be impacted by the moratorium:
• Landowners (residential/non-residential)
• Tenants (residential/non-residential)
• Prospective Investors3
Residential landowners and tenants will not be impacted by the proposal as residential zones are not eligible for
permanent off-premise signage. Non-residential tenants that desire to construct an off-premise sign on a parcel that
they currently do not occupy will not be eligible, if the moratorium goes into effect. Non-residential landowners
may lose out on business opportunities regarding the erection of permanent off-premises signage. Prospective
investors may lose out on business opportunities regarding the erection of permanent off-premises signage.
The following are additional questions that arose from exploring the topic on the moratorium:
(1) Should we expect that a moratorium will generate legal challenges similar to a ban?
It is always possible that a moratorium will generate legal challenges. A moratorium is dissimilar to a ban
as one is an outright restriction and the other is a temporary restriction in reaction to unforeseen problems or
conditions so that the local government may appropriately react.
(2) Will some claim that a moratorium is just a substitute for an outright ban? If we can do a one-year
moratorium, why not 2 or 3?
It is possible that some will claim a moratorium is just a substitute for an outright ban. In order to adopt a
moratorium, the Village has to comply with § 160D-107. Moratoria and that includes a date for termination
of the moratorium and a statement setting forth why that duration is reasonably necessary to address the
problems or conditions leading to imposition of the moratorium.4
1
In regards to allowed locations, current development regulations restrict off-premises ground signs five hundred feet west of Harper Road
on I-40.
2
The following is a list of temporary off-premises signage allowed, without permits, in our development regulations: Political signs,
Religious Institution Directional Signs, Agricultural Signs, Yard Sale Sign.
3
Individuals that do not currently own land or are tenants; but desire to engage in commerce within municipal limits.
4
Duration of moratorium is generally considered on a case-by-case basis.
BT:868812v1(3) I haven’t found any limitations on our ability to regulate the signage in terms of size, brightness, etc. Do
you know which state statute or county ordinances might prevent us from crafting our own ordinances to
regulate?
The authority for adopting signage can either be adopted as part of a zoning ordinance or as separate police-
power regulations. Barring peculiarities in state statute5 that preempt local ordinances, the Village can craft
its own ordinances regarding signage and indeed has. One consideration with signage is the First
Amendment and that makes local ordinances subject to judicial decisions on a state and federal level.
(4) Any ideas how many businesses may/will likely apply for the off-premise signage after a court ruling?
No hard numbers. Staff has averaged one call per month from businesses, not inside municipal limits,
regarding billboards.
In order to establish a development moratorium, the Village of Clemmons must comply with required statements
per 160D-107(d); below are the statements and our current responses:
(1) A statement of the problems or conditions necessitating the moratorium and what courses of action,
alternative to a moratorium, were considered by the local government and why those alternative courses of
action were not deemed adequate.
The Village of Clemmons currently prohibits off-premise signs in most, but not all, locations. In a case
currently pending before the N.C. Court of Appeals, an applicant for an off-premise sign permit (Visible
Properties, LLC) has challenged the Village’s determinations that off-premise signs are prohibited in the
Lewisville-Clemmons Road Corridor Overlay District and that digital billboards are prohibited altogether in
the Village. The Village disputes the applicant’s arguments and wishes to maintain significant restrictions
on off-premise signs in the Village – including, potentially, banning off-premise signs altogether. However,
pending a final resolution of the Visible Properties case (as well as a pending case in the U.S. Supreme
Court regarding the constitutionality of regulating off-premises signs differently from on-premise signs), the
legal status of digital billboards in the Village remains subject to debate and creates an unstable
environment for developing a long-term strategy with respect to off-premise sign regulation. Several
alternatives were considered, including: (1) do nothing, and risk that the Village’s current ordinances are
insufficient to effectively regulate off-premises signs in the manner desired by Village Council; and (2)
immediately enact new ordinances to more strictly regulate off-premise signs, and risk that either (A) the
Village’s position is affirmed in the Visible Properties case, such that no amendments were needed in the
first place; or (B) the U.S. Supreme Court prohibits differentiating between on-premise and off-premise
sign regulation, such that any new sign ordinances would have to be overhauled shortly after enactment.
The above alternatives are either inadequate or disproportional in response. A moratorium would grant the
Village time to witness the legal ramifications of ongoing cases on a state and federal level in regards to
signage and to respond in an appropriate and proportional fashion.
(2) A statement of the development approvals subject to the moratorium and how a moratorium on those
approvals will address the problems or conditions leading to imposition of the moratorium.
5
§136-32. Regulation of signs, §160D-908 Fence wraps, §18C-170. Preemption of local regulation, §160D-912. Outdoor advertising,
§136-131.1. through §136-131.2. (not an exhaustive list)
BT:868812v1Development approvals for off-premise signs would be subject to the moratorium. A temporary moratorium
will allow Council time to develop a sustainable long-term strategy for off-premise sign regulation in lieu of
taking immediate permanent actions that may be unnecessary or would need imminent revision.
(3) A date for termination of the moratorium and a statement setting forth why that duration is reasonably
necessary to address the problems or conditions leading to imposition of the moratorium.
The desired duration of the moratorium is one (1) year. It is expected that this time frame will allow for
significant pending legal decisions to be announced and for the Village to develop new ordinances, as
necessary, through a comprehensive analysis involving staff, legal counsel and outside consultants. Less
time is unlikely to allow for legal decisions to be rendered and for sufficient time to react as necessary.
(4) A statement of the actions, and the schedule for those actions, proposed to be taken by the local government
during the duration of the moratorium to address the problems or conditions leading to imposition of the
moratorium.
The initial action is to wait for a final decision from both the NC Court of Appeals and the Supreme Court
of the United States regarding Clemmons ordinances and off-premise signage in general. This is projected
to take several months. During this period of time, Clemmons will look into the costs of hiring a consultant
to review our current sign ordinances and to identify deficiencies. Alternatively, Village Staff will internally
assess the sign ordinance. After decisions have been rendered by the Courts, Village Staff will begin the
process of amending the sign ordinance; this is projected to take several months. Upon completion of sign
ordinance drafts, Village Staff will carry the proposed amendments through the local legislative process and
that is likely to include citizen input and further revisions to the proposed amendments. It is expected that
the local legislative process will take six months with the closing of the one-year moratorium leading to the
adoption of an amendment sign ordinance. Given the participatory nature of the legislative process, this
portion of the schedule may require additional time.
BT:868812v1You can also read
