City’s actions over sign antagonize business, landlord

By SHELLEY TERRY - Staff Writer - sterry@starbeacon.com
Star Beacon

August 27, 2008 07:15 pm

ASHTABULA — Five Man Electrical Band’s song “Sign, Sign, Everywhere a sign” keeps playing in Ashtabula Harbor business owner Jere Austin’s head.
Within the past 10 days, Austin put up a sign, took down the sign, put up the sign, had the city remove the sign, and today he plans to put the sign back up again.
“I have a current building permit issued by the city to do so,” he said. “I have (the) legal right to hang the sign.”
Austin went out of town Wednesday, but when he returned Thursday, his sign was gone. He later discovered the city manager removed it “without any reasonable notice or proof of his authority to do so,” Austin said.
Austin, owner of Lake Erie Real Estate, 718-B Lake Ave., made the news when newly appointed City Council President Rodger Altier chastised the city manager about Austin’s 12-foot sign. Austin rents space for his real-estate office from Clarence Metcalf of Ashtabula. Metcalf is an owner of the building, which is located in the Harbor Historic District, which means it is subject to the regulations set forth by the city’s architectural review board.
The review board didn’t approve of the real-estate company’s sign and ordered it to come down.
Austin complied, he said.
Metcalf didn’t see anything wrong with the sign.
“It was made of plastic. The colors and style were those long ago established by Lake Erie Real Estate,” Metcalf said. “The same colors and style of letters (are) reflected on all of their signage.”
Altier charged that City Manager Anthony Cantagallo allowed Metcalf to re-erect the sign after the architectural review board ordered it to come down.
Metcalf, who is Austin’s landlord, spoke with Cantagallo and received permission to re-erect the sign. Metcalf said he really doesn’t know Cantagallo very well, but wanted to do what he could to keep business in the city.
“He may not be a perfect man, but he is a reasonable one,” Metcalf said. “He wants business in Ashtabula and, I feel, would do a better job if council worked with him, instead of against him.”
Altier’s attitude about the situation angered Metcalf.
“(At the Aug. 18 precouncil meeting) Mr. Altier stated that ‘One citizen said, ‘I’ll do what I want,’” Metcalf said. “I, nor Jere Austin ever stated, ‘We’ll do whatever we want.’”
On Aug. 20, Clerk of Council LaVette Hennigan sent Cantagallo an e-mail: “On behalf of Council President Altier, I offer a gentle reminder that the Lake Erie Real Estate signage was scheduled for removal yesterday,” according to a copy of the city document.
Austin said the sign removal violated his rights.
“Equally amiss is the action of the city council to put pressure on the city manager to take such belligerent action against a local business,” Austin said. “It is my belief the city should iron out differences of opinions within their organization and clearly present to its citizens equitable rules, and proper rights of actions, for enforcement of laws.”
Austin said he doesn’t believe it’s proper to remove a sign from a business because the council president said to do so.
Metcalf agrees and notes that business owners have enough to contend with, including rising costs, fewer shoppers, vandalism and crime, without having to deal with “uncooperative, overzealous politicians.”
“Ashtabula City Council has erected a sign in the minds of many Ashtabula residents,” Metcalf said. “It states loud and clear, ‘No business wanted.’ It seems it prefers the look of empty buildings.”
In the meantime, Austin said he is asking his attorney, Pearce Leary of Chardon, to handle the matter from now on.

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