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Attorney: No conflict in realtors' vote

Arlett, Cole recuse themselves from discussion
October 24, 2016

It's rare that Sussex County council members recuse themselves from a discussion or vote.

But on the advice of attorney J. Everett Moore, councilmen George Cole, R-Ocean View, and Rob Arlett, R-Frankford, stepped away during an Oct. 11 discussion of proposed regulations on temporary real estate signs.

The discussion occurred during council's deliberations on a new sign ordinance.

Cole and Arlett, who are realtors, later returned and both voted on the final ordinance, which included new regulations on real estate signs.

Arlett and Cole recused themselves out of an abundance of caution during the discussion and vote on the change to the ordinance, Moore said.

Moore said the final vote on the ordinance did not present a conflict of interest. “When they voted on the entire bill, it was akin to Congress voting on the budget. There may be conflicts on individual parts but okay to vote in total. They did not participate in discussion about realtor signs, even when voting on the entire bill,” Moore said.

Moore said realtors contacted county officials when they noticed that sign regulations in the ordinance were inconsistent with current usage. During the second go-around of public hearings, the planning and zoning commission recommended that the section be updated.

All temporary real estate and construction signs were limited to 10 square feet. However, as attorney David Hutt pointed out, it's common practice for realtors and developers to use larger signs – usually 32 square feet – on commercial and larger parcels and construction sites. Hutt represented the interests of sign companies and other stakeholders during the debate over new sign regulations.

During the Oct. 11 council meeting, while Cole and Arlett were out of the room, the three remaining council members denied the request for larger real estate signs. Council members Joan Deaver and Mike Vincent voted to allow larger signs, but Councilman Sam Wilson voted against the measure. All council action requires three affirmative votes for passage.

After a lunch break with all council members in attendance, Deaver unexpectedly brought the matter up again. “It's not practical to restrict all signs to 10 square feet,” she said.

Under council policy, a vote can only be brought back to the table if the council member who voted against it makes a motion.

In a twist, Wilson made a motion and council adopted new regulations for temporary real estate signs. Under the new ordinance, signs up to 32 square feet are permitted on parcels not in a recorded subdivision. Signs on a lot with a single dwelling must remain at no larger than 10 square feet.

All five members voted in favor of larger temporary construction signs, which permits signs up to 32 square feet unless they are in a recorded subdivision on a single lot.

The ordinance does not address real estate and development signs placed along roadways on weekends. Almost all of the signs are illegal off-premises signs.

 

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