HomeMy WebLinkAboutC.054.93011_0993 (2)Pope said the case (Rauseo v. New Hanover County) had been reviewed, and he
felt the county would have some difficulty prevailing in a legal challenge if the
ordinance was enforced as currently written.
Chairman Tice asked if anyone wanted to make a motion on the matter. She
mentioned that if a motion wasn't offered, the amendment request would fail.
Attorney Pope agreed with Chairman Tice, but he said another option might be
to amend the ordinance to make it clear that volunteer fire departments and other
governmental agencies were not exempt from the provisions of the ordinance. Pope
indicated, however, case law interpreted VFDs as being exempt. He said the board had
the authority to do this, but it wouldn't affect the outcome of this particular case. Mr.
Pope said it would, however, serve as guidance for future cases. He said that only the
courts could answer the question regarding the sign erected by the Shepherd's VFD.
Commissioner Johnson said he understood the frustration of the people serving
on boards and committees who were making recommendations and rendering opinions
on the decisions the commissioners had to make. He said the board members (planning
board/board of adjustment) received little compensation for the large amount of work
they performed. Johnson said it wasn't new territory for the commissioners to
reconsider sign ordinances. He said the usage of signs had been reviewed twice since
he had been on the board, and he felt that at the county level, the board of
commissioners was the sole legislative body. He said counsel had already told the
board members that if litigation occurred, if was doubtful the county would win.
Additionally, Mr. Johnson said the Shepherd's VFD sign wasn't "hurting anything" at
its present location.
OTIO by Commissioner Johnson to approve the ordinance amendment as
presented by the staff.
Commissioner Williams said he wanted to speak about the changes to the
ordinance. He said the current sign ordinance was restrictive, and it was burdensome on
churches, small businesses, and ordinary people. He said during his commissioner
terms, two different churches, and a body shop had brought their signage concerns to
him. Mr. Williams said he felt the Shepherd's sign was attractive, and he didn't feel it
was offensive. He said it was his desire to reduce the restrictions placed on citizens
rather than increasing them. Williams said that if anyone made a motion to rescind the
sign ordinance, as it was now written, he would probably vote for the action. He said
however, this wasn't what was being studied. Williams said the question up for a vote
was to amend the sign ordinance and to allow local government to vote itself loop holes
that would allow the placement of signs in locations where everyday citizens couldn't
place them. Mr. Williams said many people had a low perception of government, and
they considered governments to be self-serving. He said it would be a slap in the face
to the citizens of Iredell County if things were done for the government that couldn't be
done for the ordinary person.
Commissioner Johnson said he recalled where one entity under the umbrella of
the county erected a sign that was out of compliance. He said the sign was later
removed. Johnson said this showed the government wasn't being allowed to operate
under more lax conditions than the private sector. Johnson said he had the opinion the
sign ordinance was flawed.
Chairman Tice said everyone was subject to obeying the county ordinances.
She referred to a newspaper article that quoted the staff as saying the ordinance was
being changed to permit the Shepherd's VFD to leave its sign, as now erected, even
though the fire department officials had received a letter from the county's attorney
indicating the VFD was in violation of the sign ordinance. She said the VFD had
rejected the request, and she didn't believe the county ordinance should be
reconstructed to take care of one entity that did not obey the rules and ignored the
instructions from the county's legal counsel. Tice said the county had to be fair, and