REGULAR MEETING OF THE VILLAGE OF CLEMMONS COUNCIL

April 9, 2018 The Village of Clemmons Council met on Monday, April 9, 2018, at 7 p.m. The meeting was held at the Village Hall, Clemmons, North Carolina. The following members were present: Mayor Wait, Council Members Barson, Binkley, Combest, Lofland, and Wrights. Attorneys Warren and David Kasper were also present. Call to Order & Pledge of Allegiance Mayor Wait called the meeting to order at 7 p.m. and led the Pledge of Allegiance. Public Comments There were approximately 11 citizens in attendance. There were two individuals signed in to speak: -Howard Floch, 4478 Moratock Lane, Clemmons, NC – spoke to Council about two issues: the road condition of Moratock Lane and neighborhood communities having speed limits at 20-25mph. -David Cross, 165 Huron Court, Clemmons, NC – introduced himself to Council as the writer of “Know Your Neighbor”. Approval of the Minutes Council Member Lofland moved to approve the minutes of the March 26, 2018 regular meeting as presented. The motion was seconded by Council Member Wrights and unanimously approved. Approval of the Agenda Council Member Wrights moved to approve the agenda as presented. The motion was seconded by Council Member Lofland and unanimously approved. Announcements A. Mayor Wait announced a Special Meeting - Joint Session with Planning Board on

Tuesday, April 17, 2018 at 5:30pm for Comprehensive Plan Review at Village Hall.

B. Mayor Wait announced a Community Input Session on Tuesday, May 1, 2018 at 6:30pm for Comprehensive Plan Review at River Oaks Community Church (Coffee Bar).

Business – Information/Review Items for Future Action A. Marketing and Communications Director’s Report.

1. Events Update – Manager Buffkin provided an update on the following events: a. April 28 – Clemmons Community Spring Cleanup; Register at

8AM at Public Works

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b. April 28 – Movie Night in the Village: Ferdinand; sponsored by Forsyth Family Magazine

2. ITI Digital’s ImGoing Calendar Contract Renewal for discoverClemmons

website – Manager Buffkin advised Council that this has been provided for their review and consideration at the next Regular Council meeting.

B. Manager’s Report.

1. Library Update – Manager Buffkin provided Council with a Library Update (attached hereto as Exhibit A and incorporated as a part of the minutes).

2. Discussion of Resolution 2018-R-2 Declaring May 2018 as Historic

Preservation Month in Clemmons - Manager Buffkin introduced Resolution 2018-R-2 Declaring May 2018 as Historic Preservation Month in Clemmons to Council and advised that this item would be placed as an action item on the agenda at the next Regular Council meeting.

3. Budget Workshop Date(s) and Time – Manager Buffkin advised that the

Budget Workshop will be held beginning at 5:30 p.m. prior to the next Council meeting on April 23, 2018 at Village Hall.

4. Village Point Drive Damage/Repair – Public Works Director Gunnell

advised Council there is a section of Village Point Drive that has had some asphalt failure. NCDOT owns the road and is aware. There has been some cold patch used thus far but current repair of the road may not sustain the construction traffic. NCDOT is currently looking into a temporary repair that would need to be repaired again once the work is complete. Steve Hankins with Hankins Companies, the developer of Clemmons Towncenter, spoke to Council. He stated that approximately 86,000 yards of dirt is having to be brought across from one of their sites to this one. As soon as asphalt failure was noticed, ECS (the inspections contractor) was notified. NCDOT has been in communications with the grading contractor who is moving all the dirt and has done spot inspections of the trucks. Mr. Hankins assured Council that there would be no cost to the Village to fix the road. He advised that the damage caused to the sidewalk was due to the contractor unloading a piece of equipment in an area that he was not supposed to having crossed the sidewalk. He stated they will pour both sidewalks back to the Village’s satisfaction. There is approximately 60 days remaining of hauling dirt to the site. He said currently NCDOT has told his contractor that they will be taking care of the repairs. Council Member Combest inquired as to what other sections of that road are problematic and if after a year of the State owning the road, when exactly is the Village responsible for maintaining it? Mr. Hankins stated that just because it fails in one section does not mean it would in another. There are several factors to consider such as weather and the paving of sections takes place at different times. Public Works Director Gunnell has contacted the Project Manager for

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ECS and requested all the test data. NCDOT is interested in this information as well. The section that is having issues was the very last pour of the road. He advised that he has not seen any indication of problems elsewhere on the road. Mayor Wait expressed his appreciation to Mr. Hankins for addressing the issue when it came up and taking the time to come speak to Council.

Mayor Wait advised that there should have been an Item 5. Added under Manager’s Report to discuss adding a mower and flooring at Public Works.

Council Member Barson made a motion to add Item 5. Mower and Flooring to the agenda. The motion was seconded by Council Member Lofland and unanimously approved

5. Mower and Flooring – Manager Buffkin provided a brief explanation of

the two items stating that these are included under the current year’s budget but would need Council approval. Council consensus was to add this as an agenda item at the next Regular meeting.

C. Attorney’s Report – nothing to report.

D. Planner’s Report – nothing to report.

Business – Action Items

E. Ordinance 2018-02 Declaring Speed Limit Modification for Blue Bonnet Lane (West of Kinnamon Road) - As per our policy, the petition exceeded the 75% signature threshold requirement to request a speed limit reduction. Signatures have been verified.

Council Member Lofland moved to approve Ordinance 2018-02 declaring the speed limit modification by the Village of Clemmons lowering the speed limit to 25 mph for Blue Bonnet Lane (West of Kinnamon Road) (attached hereto as Exhibit B and incorporated as part of the minutes). The motion was seconded by Council Member Barson and unanimously approved. F. Village Streets Paving.

1. Bid Proposals - The following quotes were received and the one from Yadkin Valley Paving, Inc. was recommended (attached hereto as Exhibit C and incorporated as a part of the minutes).

Company Quote

APAC Atlantic / Thompson Arthur $552,496.03 Yadkin Valley Paving, Inc. $356,567.47 Hanes Construction $496,048.08

Council Member Wrights moved to accept the bid from Yadkin Valley Paving, Inc. for Village Streets Paving in the amount of $356,567.47. The motion was seconded by Council Member Barson and unanimously approved.

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G. Brunch Bill Consideration. 1. Presentation from Eric Blanks, Village of Clemmons’ Triad Municipal

ABC Board Representative – Mayor Wait reiterated that Council thought that it was important to give the public an opportunity to come speak on this topic, but nobody signed up. He introduced Eric Blanks, Triad Municipal ABC Board Representative, who made a brief presentation to Council (attached hereto as Exhibit D and incorporated as part of the minutes). Mr. Blanks advised that currently, under the Triad Municipal ABC Board jurisdiction (eight municipalities), Clemmons, Lewisville and Yadkinville are the three municipalities to have not passed the Brunch Bill to date.

2. Public Comments - There were no individuals signed in to speak.

3. Ordinance 2018-03 Allowing the Sale of Alcoholic Beverages Before

Noon on Sundays at Licensed Premises (Brunch Bill) - A brief discussion ensued. Council Member Lofland expressed her thoughts that she sees no reason to change the time as this was in deference to Sunday school. Mayor Wait stated it is telling that people were given the opportunity for input but did not respond and this discussion needs to be divorced from church as it affects the community as a whole. Council Member Wrights advised he is in agreement with Council Member Lofland as this has been in effect due to reverence and respect for religious services held across the state on Sunday mornings. He said he has seen very little interest in the community in support of this bill. Mr. Blanks advised that the time was moved from 1:00pm to Noon when the NFL brought the Carolina Panthers to the state. He emphasized that businesses are the push behind the requested change. He also mentioned that the ABC Store is still closed on Sunday and for the municipalities that have passed the Brunch Bill, it is too soon to tell the monetary impact. Council Member Barson stated the businesses are wanting the change. Council Member Binkley stated he can see both sides from a business and personal perspective. Mayor Wait advised that the lack of response from the community cuts both ways. He also mentioned that the ABC Store is still closed on Sunday and for the municipalities that have passed the Brunch Bill, it is too soon to tell the monetary impact. Council Member Combest advised he polled 54 people at various locations around the community. Of those he polled, 4 said “no”, 19 said “I don’t care”, and 31 said “yes”. He then referenced the Constitution stating “Congress shall make no law respecting the establishment of a religion” and said to make laws in respect for Sunday school is unconstitutional. Mayor Wait re-emphasized that this needs to be evaluated aside from considering church.

Council Member Barson moved to approve Ordinance 2018-03 Allowing the Sale of Alcoholic Beverages Before Noon on Sundays at Licensed Premises (Brunch Bill) (attached hereto as Exhibit E and incorporated as part of the minutes). The motion was seconded by Council Member Combest and was approved by a 3-2 vote. Council Members Lofland and Wrights voted in opposition.

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H. Council Comments – Council Member Barson advised Council of a Career Fair

being held at Morgan Elementary on Monday, April 16, 2018 from 9am-noon. Staff is coordinating our attendance. She stated she wants to be sure the compactor hours are marketed sufficiently so utilization can be gauged. Council Members Barson and Combest updated Council on the Transportation Advisory Committee. They stated that the approach to be recommended will be more deliberate and broader than what originally planned. They will come to Council with a recommendation that a broadcast for volunteers is done to look at a broader objective to be incorporated into the Comprehensive Plan Update. This process will take a little longer than originally anticipated. Council consensus was to direct Staff to fine tune the scope before Council’s consideration for approval.

I. Closed Session for Discussion of Matters Relating to Industry and Business

Location and Expansion in accordance with NCGS 143-318.11(a)(4).

Council Member Combest expressed that he was uncomfortable entering Closed Session to discuss this topic. He asked Manager Buffkin to read the General Statute related to this discussion item to determine if it fits as he feels this is based on business development which is not in an area we serve which we have no authority. Manager Buffkin deferred to Attorney Warren Kasper who advised that his interpretation for expansion and service area may encompass areas outside of the city limits and would marginally qualify for discussion in Closed Session. Council Member Combest stated if that is the case, we should err on the side of caution and conduct in Open Session.

Council Member Lofland made a motion to enter Closed Session for Discussion of Matters Relating to Industry and Business Location and Expansion in accordance with NCGS 143-318.11(a)(4). Council Member Binkley seconded the motion. Discussion ensued.

Council Member Wrights advised that all prior discussions regarding this topic have been conducted in Open Session and does not see why this is any different. Council Member Binkley stated he just wanted to hear the discussion whether in Open or Closed Session. Mayor Wait advised that the discussion was regarding the Tanglewood Business Park. He stated this would be a short-term Closed Session discussion matter and has to do with whether or not this Body will decide to expand the limits. Council Member Barson stated she agreed with Council Member Combest and would rather err on the side of caution.

The motion failed by a 2-3 vote. Council Members Barson, Combest and Wrights voted in opposition.

Manager Buffkin advised that based on conversation with County personnel, the Tanglewood Business Park project is in a bit of a crossroads. He stated that he does believe that the proposal that was presented to the Village by the County some time ago is still a distinct possibility; however, that window of time could be rapidly closing so if we are going to participate in the project, the time is short for us to say so. Mayor Wait advised the sensitivity of it is the status of the

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project as the Beaufurn contract keeps getting extended out and if there was going to be a reconsideration of giving the money the County has asked for and if so, under what terms they would get it. If Beaufurn does not solidify soon, they will not have the first tenant. He questioned whether they would still go forward with their plans of an industrial park if they do not have their first tenant. He posed the question “Is this an opportunity where if the Village Council was going to consider giving the money that the County originally asked for, then on what terms would you do it, or if not then risk losing having input on that area altogether?”. Planner Ledbetter reviewed the covenants from the County and provided brief feedback. She pointed out the following: there is no detailing regarding stormwater device, on the newly created street they will place berms and landscaping but only buffers on the street facing Clemmons West, the language regarding building material and expansions is different from our original language, and they note common area but not seen in restrictive covenants as well as greenway connections are not included. She advised there are other little things but these were the big items. Attorney Warren Kasper advised that he and Planner Ledbetter had modeled the set of restrictions for this property after Union Cross Business Park (making a few changes regarding stormwater control and addition of berms) which they rejected. Council Member Barson stated she feels there is information that is not being shared by the County with us which makes it hard to make decisions. Mayor Wait stated that the point is if the window closes on the time for monetary contributions and it doesn’t come then what happens. If it doesn’t come then what are they planning to do with that property (as they still own it and have spent a lot of money on it)? He stated that an important question for Council to think about is if you are going to contribute money for stormwater as the County has requested previously (which was turned down by Council previously) and continue on the path then there is a significant risk of this Park not panning out like it currently is scheduled to do and if that happens, what is the County going to do to recoup their money? He said it is a real question of the Village determining on what terms and whether there would be an expansion of the Village limits in exchange for any proposed contribution. Manager Buffkin added that if the Park itself does not go forward, the pump station project was proposed to be designed to take the Davie County flow off of the Tanglewood pump station and if that does not go through, what effect would that have on potential growth in our area for the short and long term? Attorney Kasper advised that the Utilities Commission is contractually obligated to provide service to the Village within the Village limits, so the question is whether or not we are interested in subsidizing development along our borders. Council Member Combest pointed out the complete absence of annexation in the covenants. Mayor Wait stated if they are still wanting the contribution then we are in a position to at least come back with what was presented before if Council so desires as there will come a time when the window closes entirely. Council Member Combest expressed that if the ultimate annexation by the Village of Clemmons is completely off the table then the $1.2M is being asked of Village residents twice (as Clemmons and Forsyth County residents) for something that is not incorporated or there is no plan for incorporation into the Village. Council Member Wrights expressed his concerns that our building processes would not be included. Council Member Barson stated since the County holds the property, she

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does not want to let the opportunity for us to have some control and authority over what happens with that land pass us by for all of Clemmons. She stated she would be interested in seeking clarification as to whether our original offer is still on the table and running it through our Planning Department in exchange. This would just be exploratory to see where we are at this point. Council Member Combest stated the County Representatives need to be engaged. He and Council Member Barson are meeting Thursday, April 12, 2018 with Commissioner Don Martin and will attempt to get a general sense of position at that time.

Adjournment Council Member Lofland moved to adjourn the meeting at 8:37 p.m. The motion was seconded by Council Member Barson and unanimously approved. ___________________________________ John L. Wait Mayor ATTEST: __________________________________ Lisa Shortt Village Clerk

Clemmons Library Project Update – April 9, 2018

• On March 22 the library site plan was discussed at the Technical Review Committee (TRC) andcomments were provided to Scott Miller of MLA Design Group (landscape architect preparingthe site plans). See attached.

• The site plan is set to be considered at the April 17 Clemmons Planning Board meeting.• The proposed site plan is also being submitted to the Community Appearance Commission for

review and comments at the arch 28 meeting. No report on this item at this time.• On March 28, 2018 Council members Barson and Combest, Planning Director Ledbetter and

Public Works Director Gunnell and I attended a meeting of the Clemmons library committee.Local architect David Byington noted that he has reviewed the interior finishes and that theyappear to be reasonable. Village staff expressed concerns about the proposed elevation of thebuilding and our desire that it be elevated by five feet at a minimum. This provision wasincluded in staff comments to the Technical Review Committee (TRC). Mr. Sanders-Pratt againstated the County’s reluctance to allocate a large portion of the available contingency funds atthe beginning of the project. He again asked about the Village’s willingness to pay for one halfof the cost of the fill. Village staff has actively been investigating the possibility of acquiring fillmaterial and will provide more information as available.

Exhibit A

Ordinance Number 2018-02

AN ORDINANCE DECLARING A SPEED LIMIT MODIFICATION BY THE VILLAGE OF CLEMMONS

WHEREAS, N.C.G.S. 160A-296 provides that cities shall have general authority and control over all public streets, and N.C.G.S. 160A-174 provides that municipalities may by ordinance regulate conditions detrimental to the safety of its citizens; and

WHEREAS, on occasion the Village of Clemmons may determine that speed limit controls require amending on streets where special circumstances warrant such a declaration for a safe and reasonable speed limit; and

WHEREAS, the Village of Clemmons has received, pursuant to the Residential Speed Limit Policy, a valid petition of at least 75% of the dwelling units on Blue Bonnet Lane (West of Kinnamon Road); and

WHEREAS, the streets in the above mentioned subdivision are not part of the State’s street system; and

WHEREAS, to ensure the enforceability of the speed limit on Blue Bonnet Lane (West of Kinnamon Road), it is necessary for the Village of Clemmons to adopt an ordinance to comply with statutory requirements.

NOW, THEREFORE, be it ordained and resolved that the speed limit on Blue Bonnet Lane (West of Kinnamon Road) located within the municipal limits of the Village of Clemmons, shall be twenty-five (25) miles per hour, effective the date of adoption.

Adopted this the _____ day of __________, 2018.

_______________________________ John L. Wait Mayor

ATTEST:

______________________________ Lisa M. Shortt Village Clerk

9th April

Exhibit B

9th AprilYadkin Valley Paving, Inc.

356,567.47Three hundred fifty-six thousand five hundred sixty-seven dollars and 47/100-----------------------

Exhibit D

ORDINANCE NO. 2018-03

An Ordinance to Allow the Sale of Alcoholic Beverages Before Noon on Sundays at Licensed Premises

WHEREAS, on June 29, 2017, the North Carolina General Assembly enacted Senate Bill 155, entitled “An Act to Make Various Changes to the Alcoholic Beverage Control Commission Laws”; and

WHEREAS, Section 4 of Ratified Senate Bill 155 authorizes city and county governments to adopt an ordinance to allow alcohol sales beginning at 10 am on Sundays; and

WHEREAS, Ratified Senate Bill 155 was signed into law by Governor Roy Cooper on the 30th day of June, 2017 and became effective on that date (Session Law 2017, Chapter 87); and

WHEREAS, by enacting Senate Bill 155, North Carolina joins 47 other States in allowing alcohol service before noon on Sunday; and

WHEREAS, Sunday morning alcohol service will allow the hospitality community and retail merchants in our community to meet the needs of their customers; and

WHEREAS, Sunday morning alcohol service will benefit our small business community, bring people into business districts earlier in the day, and generate increased tax revenues; and

WHEREAS, our community has a diverse and growing population with different religious beliefs, each of which has various times and multiple days for worship;

NOW, THEREFORE, BE IT ORDAINED by the Village Council of the Village of Clemmons, North Carolina that:

Section 1. Pursuant to the authority granted by S.L. 2017-87 any establishment located in the corporate limits of the Village of Clemmons and holding an ABC permit issued pursuant to G.S. 18B-1001 is permitted to sell beverages allowed by its permit beginning at 10:00 A.M. on Sundays.

Section 2. All laws and clauses of law in conflict herewith are repealed to the extent of any such conflict.

Section 3. This ordinance shall become effective upon adoption.

Adopted this _____ day of _____________ 2018.

__________________________ John L. Wait, Mayor

ATTEST: __________________________ Lisa M. Shortt, Village Clerk

9th April

Exhibit E