INC NEWS - flashing, changing, bright, electronic, new, improved, special...

TheOcean1 at aol.com TheOcean1 at aol.com
Fri Dec 5 17:23:01 EST 2008


 
 
 
I think Mike and I are saying the same thing. We shouldn't be deciding  
anything at the moment, except perhaps how we'd like the proposal  presented.
 
So far I've heard several desires expressed, from reducing the number of  
billboards in exchange for making one electric, reducing glare, posting gratis  
PSAs, etc.
 
Pat expressed distrust, Kelly suggested it was " naive to think that  these 
billboard will be more effective at attracting people to Durham--flashing  ads 
for McDonald's, Wal-Mart, and the XXX-Adult Emporium--than the kind of press  
we've been getting lately in national publications promoting us as a hot spot  
for foodies, a great place to retire, one of the countries up-and-coming  
downtown neighborhoods, etc--things that promote Durham itself.."
 
I would suggest to Pat, trust isn't required where contracts exist, and INC  
has plenty of lawyers around. To Kelly, and everyone else, WE DON'T NEED TO  
DECIDE THIS YET, but wouldn't it be wise to ask our suitors to (before they 
ever  arrive at the table) come packing some provisions, like not accepting 
XXX-Adult  Emporium type advertising. 
 
It's not naive to think we can influence the proposal before it's even  
brought before us. We could in essence ask that all the Durham kudos, like #1  for 
foodies, etc, get free air time......... and if they agree, it still doesn't  
mean we will allow these new LED Billboards. 
 
I'm suggesting we make this decision as difficult for our selves as  
possible. Don't think they'll give everyone in Durham $500k, but let's include  all 
our other desires in our suggestions to them. 
 
Again, we don't need to say "yes", "no" or even "maybe" right now. But we  
should say, "If you are going to even bring us a proposal, you might want to  
include the following....", that doesn't obligate us to pass it. But if  they 
can include enough of what we want, it might make it tempting.
 
Bill Anderson

 
In a message dated 12/4/2008 8:25:20 P.M. Eastern Standard Time,  
mwshiflett at hotmail.com writes:

Tom is  correct on several points regarding INC's history.

And it is  precisely that history of INC to have open discussions, lively 
debate and  informed speakers on both sides that has enabled people (and 
neighborhood  associations) to determine what's best for Durham and our  community.

But the fact that the billboard industry has NOT gone  away and is coming 
back with new proposals doesn't change the fact that INC  remains open as a forum 
for those discussions.

This is democracy  as it's finest.

Prejudging or taking positions before those  debates are allowed to take 
place is NOT what INC is about, in my  experience.

Let's allow that proven process of open public  conversations at INC meetings 
to continue to be a hallmark of not only  this listserve but also all the 
issues that seem to constantly come back  for refinements (ie UDO, Comprehensive 
Plan, Natural Resource Ordinances,  Solid Waste Programs, panhandling, etc) 
year in and year out.

No  one is asking any one neighborhood (or individual) to benefit while 
another  suffers.

"I would even be against it if what  they wanted was to put up one new 
improved and flashing billboard up in  someone else's neighborhood and pay me 
$500,000 to sit by while they did  it."

Coming up  with a perfect solution for any of the above will remain to take 
open  minds and continued engagement with those directly or indirectly affected 
by  the proposals and links to the decision makers.

Asking people to take a position  before all the information is placed out on 
the table is NOT WHAT INC IS  ABOUT.

Mike  Shiflett




 
____________________________________

From: pats1717 at hotmail.com
To: inc-list at durhaminc.org
Date: Thu, 4  Dec 2008 19:48:02 -0500
Subject: Re: INC NEWS - flashing, changing, bright,  electronic, new, 
improved, special treatment billboards

Just to remind everyone, the original (2003) anti-amortization bill was  
written so broadly that it would have affected our ability to control other  
noxious uses.  THis is the letter INC wrote to the Durham delegation for  their 
efforts that defeated the bills in 2003 (tho they finally got something  through 
in 2004):

The InterNeighborhood Council of Durham (INC) would  like to thank you for 
your leadership in opposing the so-called “billboard  bills,” Senate Bill 534 
and House Bill 429. These bills would have hamstrung  the ability of local 
governments to use zoning and other regulatory tools to  protect neighborhoods 
from visual blight, dilapidated buildings, and  inappropriate uses such as junk 
yards, nightclubs, and adult  entertainment.

The InterNeighborhood Council of Durham (INC) is a  private, nonprofit 
umbrella organization of Durham neighborhood  associations.  Our purpose is to work 
together to preserve and enhance  the residential quality of life for all 
Durham neighborhoods.  Over the  last 20 years, we have enjoyed considerable 
success at the local level. Senate  Bill 534 and House Bill 429 would have been a 
significant set-back for our  goals.



 
____________________________________

Date: Thu, 4 Dec 2008 19:12:15 -0500
From:  allen.joshua at gmail.com
To: tom-miller1 at nc.rr.com
CC:  inc-list at rtpnet.org
Subject: Re: INC NEWS - flashing, changing, bright,  electronic, new, 
improved, special treatment billboards

I must agree  with Tom who seems to certainly have lived through this saga he 
details for  us.  I can't imagine how a digital billboard, or any billboard, 
is good  for Durham.  Not only do they create blight and driving distractions, 
but  these new billboards will consume and waste energy.  I'm certainly  
willing to listen to what they have to say, but I just can't even imagine an  
argument that would cause us to support digital billboards, flashing or  not.  
Thanks, Tom, for this detailed history.



On Thu, Dec 4, 2008 at 6:57 PM, Tom Miller <_tom-miller1 at nc.rr.com_ 
(mailto:tom-miller1 at nc.rr.com) >  wrote:


I for one am against what the  billboard people are asking for, i.e., special 
treatment for a  non-conforming use.  As a community, we decided that Durham 
would be a  billboard-free zone and we adopted zoning regulations to prevent 
new ones  from going up.  Those rules also required the old ones to come down 
at  the end of their useful life (amortization).  The billboard industry  
fought like tigers against Durham in court, but Durham won.  As a  result, a lot of 
billboards came down over time.  Then the billboard  industry got a bill 
passed to stop amortization as a way of getting rid of  unwanted uses and the 
remaining billboards got to stay as nonconforming  uses.  Under the law, the owner 
of a nonconforming use can keep it and  can even keep it repaired.  He loses 
it if it's destroyed or if he lets  it go for a period of time.  The one thing 
he can't do is increase it,  improve it, or make it bigger or better.  So if 
my garage was legal  when it was built, but is now too close to my neighbor's 
property line under  the UDO, I can keep it.  I can paint it.  I can put a new 
roof on  it.  But I can't add on to it.  I can't replace it with a new  one.  
Why is the billboard industry so special that they get a bye on  the rules we 
ordinary citizens have to follow and which we ordinary citizens  count on to 
protect us?

These  are the same people, the exact same people, who did everything they 
could to  make downzoning illegal in NC.  They fought us for years in the  
legislature.  By us I mean INC.  Once upon a time INC kept a  mailing list of 
hundreds of neighborhood organizations across the  state.  We hosted a couple of 
meetings with neighborhood groups from  other cities, like Raleigh, Henderson, 
Chapel Hill, and Winston-Salem.   Throughout the 80s and 90s when the 
inevitable billboard bill would be  introduced in each session of the General Assembly, 
we would work with the  League of Municipalities and environmental groups to 
stop or blunt the  billboard industry's hateful legislation.  INC mailed out 
hundreds of  letters informing and enlisting neighborhoods all over the state 
to help in  the fight.  We were pretty successful too.

These  are the same people who used litigation as a stalling tactic every 
time our  zoning rules required them to take down a billboard.  It cost the city  
thousands of dollars in legal resources, but I'll hand it to the city  
attorney's office, they didn't give up and they didn't lose.  That's  when the 
billboard people, one of which was the predecessor of the very firm  making Tuesday 
night's presentation, attacked the amortization tool in the  legislature.  
We, again I mean INC, fought against them.   Eventually, however, they got their 
way.

Now  they're still not satisfied.  They have a new product which even they  
say is the advertising we can't "choose to see", but "have to see" and they  
want special treatment in our zoning ordinance to put it up and make us look  at 
it.  Well in Durham, we have a choice.

I am  against it.  I would even be against it if what they wanted was to put  
up one new improved and flashing billboard up in someone else's neighborhood  
and pay me $500,000 to sit by while they did it.

No one  should get to replace a nonconforming use with another nonconformity. 
  When Durham decided to be a billboard-free zone, INC was part of that  
decision.  Flashing or just flashy versions of the thing we worked so  hard to get 
rid of won't convince me to go along with any proposal that  replaces old 
billboards with new ones or which treats the billboard industry  as a special 
case.

Tom  Miller



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-- 
--Joshua
_allen.joshua at gmail.com_ (mailto:allen.joshua at gmail.com) 


 
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