By Arthur E. Foulkes
TERRE HAUTE — It’s still not clear whether the City of Terre Haute will allow two new billboards to be erected on South Third Street — despite the fact that city building permits for the signs have been issued.
City Attorney Chou-il Lee was still considering late Wednesday whether or not a Georgia-based company, Sign Language Media, can be prevented from erecting the signs — one at 910 S. Third St. and the other at 1709 S. Third St. — based on failure to obtain a “transient merchant” permit.
City officials in October issued building permits for the proposed signs after initially telling Sign Language Media the signs could not be erected due to the city’s sign ordinance. However, Sign Language Media found what city officials are calling a “loophole” in the ordinance, re-applied and then received the permits needed to begin construction.
Tuesday evening, the Terre Haute City Council conducted a special meeting to consider the permits. Councilman Norm Loudermilk, D-3rd, said he discovered a loophole of his own to prevent the signs’ construction. Sign Language Media, because it has no office in Terre Haute, needed to apply for a “transient merchant” license, Loudermilk said. Because the company failed to obtain this license, the previously issued building permits could be considered invalid, he said.
“There are some concerns” with Sign Language Media’s building permits, said City Attorney Lee late Wednesday. He was not prepared to provide a final opinion, however, as to whether the transient merchant issue was sufficient grounds to revoke the building permits issued to the Georgia-based firm.
Attempts to reach Dennis Sonntag, an official with Sign Language Media, were unsuccessful Wednesday.
Some members of the City Council said Tuesday they want to prevent the new billboards from being erected for “beautification” reasons. The city, and especially South Third Street, has enough billboards, Loudermilk and other council members stated Tuesday evening. The new signs would be “an eyesore,” Loudermilk said at a previous council meeting.
Lamar Advertising Co., a Louisiana-based company with offices in more than 40 states, owns many of the billboards in Terre Haute. Between Margaret Avenue and Maple Avenue on Third Street — a four-mile stretch — there are 25 billboards, including one electronic billboard and some “double stacked” billboards. All of them are the property of Lamar.
The general manager of Lamar’s Terre Haute office, Bob Caronna, said Terre Haute has one of the most restrictive sign ordinances of any locality with which the company deals. He also said, however, that that ordinance does contain a loophole that needs to be closed and the ordinance needs to be enforced. Lamar has obeyed the spirit of the ordinance and has not erected a new billboard within the city in the past five years, Caronna said Wednesday. In fact, the company has taken down 12 signs in the city during that time, he said.
The City Council is expected to vote to close the “loophole” in the sign ordinance in December. In the meantime, Loudermilk and other council members discussed Tuesday the possibility of passing a ban on all new sign construction in the city until the loophole can be closed. If Sign Language Media’s building permits can be revoked, council members hope they can pass the ban before the company can re-apply for new permits, council members said Tuesday evening in City Hall.
City law defines a “transient merchant” as any person or business selling goods, wares, merchandise, contracts for construction, alteration or repair services … [who does] not maintain offices, within the city on a bona fide, continuous and regular” basis.
It was not clear late Wednesday how many out-of-town companies doing construction business in Terre Haute have obtained transient merchant licenses, which are issued by the city’s Office of the Controller. City Controller Leslie Ellis could not be reached Wednesday.
Arthur Foulkes can be reached at (812) 231-4232 or arthur.foulkes@tribstar.com.
