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8 <br />Attachment 3 <br />amendment is to Article 9 to an existing reserve section that stipulates that any time there is a <br />conflict between State and Federal law with respect to the regulation of outdoor advertising, that <br />the State and Federal law will take precedent. In cases where there is no standard or there is <br />no conflict, local regulation will take precedent. <br />Commissioner Jacobs' written comments: "I have two concerns that I hope are <br />either addressed elsewhere in our sign ordinance or will be acknowledged as matters to be <br />addressed later. <br />First, it remains unclear whether Orange County residents and passing motorists are <br />protected from the distractions and extraordinary illumination of digital signs. This is <br />increasingly an issue in other jurisdictions around the country, but it is not yet addressed here <br />as far as I can tell. <br />Second, I hope we somewhere add an encouragement to owners of existing illuminated <br />billboards to switch as soon as practicable to solar-powered lighting. Staff recently presented <br />materials on such lighting to representatives of NCDOT. <br />Also, on page 2 of this abstract, on the second line of the paragraph that begins `The <br />rationale for this amendment,' the appropriate word is 'expeditious,' not `expedient,' which has <br />an implication of facile convenience rather than speed." <br />A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson <br />to refer the matter to the Planning Board with a request that a recommendation be returned to <br />the Board of County Commissioners in time for the February 16, 2010 BOCC regular meeting; <br />and adjourn the public hearing until February 16, 2010 in order to receive and accept the <br />Planning Board's recommendation and any submitted written comments. <br />VOTE: UNANIMOUS <br />