Agenda - 06-05-2018 8-a - Minutes

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10 Michael Harvey said staff tried to address a reasonable number, and he said there are 1 state laws that require people to be able to fly state, national and local jurisdiction flags, and 2 this cannot be denied. 3 John Roberts said state law requires that local governments allow the flying of those 4 three flags, which was the way he determined 3 flags per pole. 5 Commissioner Price said she understood that reasoning at public sites, but not on 6 private property. 7 Commissioner Jacobs referred to page 2, where it talks about severing the allowable 8 height of the pole from the height of the building. 9 Michael Harvey said that will be covered by the CA. 10 Commissioner Jacobs said on page 28 it states that it is not going to be related to the 11 existing structures, and asked if clarification could be provided. 12 John Roberts said that is an option, and was a Commissioner requested change. He 13 said this makes sense so that there is consistency countywide for height. 14 Commissioner Jacobs asked if this consistency is for total height. 15 John Roberts said for maximum flagpole height per type of lot. 16 Commissioner Price asked if there is a reason that cemeteries are being regulated. 17 Michael Harvey said staff allowed exemptions for both private and public cemeteries; 18 and small flags on gravesites will be permitted. 19 Commissioner Price read the following language: “flags no greater than 12 inches in 20 height may be displayed at individual gravesites within the cemetery” and asked if this is 21 applicable to all cemeteries. 22 Michael Harvey said yes, there is no distinction between public and private cemeteries. 23 John Roberts said this issue came up because of a rumor that an excessively large flag 24 was going up on a residential lot, and the BOCC received a large number of complaints. He 25 said many of those complaints focused on one type of flag. He said the BOCC, staff, and he 26 looked at the ordinance, and it was not clear on the size or height of flags that may be flown, 27 whether on commercial or residential property. He said the BOCC instructed staff to bring a 28 content neutral ordinance regulating flags. 29 John Roberts said both the staff’s proposal and his options are content neutral, and any 30 flag can continue to be flown if it fits within the dimensions proposed in the ordinance. He said 31 if the Board adopts this ordinance, there is a one-year amortization before anyone would have 32 to replace their flags to adhere to the ordinance. 33 John Roberts said there is clear case law that this is within a local government’s 34 authority. He said Durham has a flag ordinance and regulates the size of the flags, and the 35 case which determined that ordinance went all the way to the 4th circuit of appeals, which is the 36 federal appellate court having jurisdiction over North Carolina. He said the Court ruled in 37 Durham’s favor. 38 John Roberts said it is not his interpretation that the flagpole will be subject to the 39 amortization provision. He said if a flagpole is taken down voluntarily, or knocked down through 40 an accident or natural act, then it would need to be replaced with a flagpole that complies, but 41 residents, schools, churches, etc., will not be required to replace existing flagpoles otherwise. 42 Commissioner Rich clarified that the size of flag itself has to be in compliance within a 43 year, but the flagpole does not. 44 John Roberts said that is correct. He said the pole is subject to the ordinance 45 immediately, but will not have to be removed and replaced unless it comes down by natural act 46 or if it is taken down. 47 Commissioner Rich asked if a compliant flag could be flown on an existing pole, and if 48 the height restriction only applies if a flagpole comes down for some reason and needs 49 replacing. 50