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Digital billboard firm zeros in on law
gronberg@heraldsun.com; 419-6648
DURHAM -- Lawyers for a Georgia company on Friday formally asked the city and county governments to change Durham law to allow the placement of digital billboards on most of the area's major road corridors.
The request from Fairway Outdoor Advertising seeks the repeal of existing law that bars billboard owners from enlarging, moving or improving their roadside advertisements.
The company proposes replacing it with a new law that would create a so-called "billboard overlay district" along the Durham Freeway, U.S. 70, U.S. 15-501, U.S. 501, Interstate 85 and the proposed East End Connector.
It would cap the number of billboards at existing levels and would allow owners to relocate and rebuild billboards along the specified highway corridors.
A billboard could only go up on non-residentially zoned land, and would have to be a minimum of 1,000 feet from another billboard, at least 500 feet from a historic district and at least 200 feet from residential property.
The proposal would give billboard owners permission to convert up to 25 percent of their total advertising space into digital billboards, which are capable of displaying a new message every eight seconds or so.
Owners of digital billboards would have to agree to display at least one eight-second public-service announcement per minute. They'd also have to display for up to two hours at a time emergency messages including Amber and Silver alerts, information about terrorist attacks, natural disasters and notices about public infrastructure failures.
The language about emergency messages tied into what Fairway and its lawyers singled out as the primary reason for making the change, the need under local policy to "provide an effective program of emergency management" in Durham.
Fairway's justification also noted that Durham's billboard controls predate the development of digital billboards. The new technology "represents a change in circumstances that warrants a revision" of the law, it said.
City/County Planning Director Steve Medlin confirmed receiving the request Friday afternoon, during a meeting with lawyers from K&L Gates, an RTP law firm that represents Fairway.
Lewis Cheek, a K&L Gates lawyer and former county commissioner, signed the application. He confirmed before meeting with Medlin that Fairway was going ahead with the request.
Under Durham law, the filing triggers a review process that will require an advisory opinion from the Durham Planning Commission and votes by the City Council and the County Commissioners.
The Joint City/County Planning Committee -- a group that includes three council members, three commissioners and the chairman of the Planning Commission -- also could be involved.
But the law gives City Manager Tom Bonfield and County Manager Mike Ruffin the authority, in consultation with the chair and vice chair of the joint panel, to waive that step.
Public hearings would precede the Planning Commission's advisory vote and any formal action by the two elected boards.
Citizen opposition is certain.
Members of one of Durham's big-three political-action groups, the People's Alliance, voted in January to oppose any change to the existing ordinance.
A poll commissioned by the Durham Convention & Visitors Bureau also found over the summer that the public supports the existing ordinance by roughly a 3-to-1 margin.
Specifically, the survey found that 72 percent of residents support the existing ordinance, 8 percent didn't support it and 20 percent were undecided.
Whites and blacks were about equally likely to favor the current ordinance, and there were no significant differences of opinion between men and women, according to the news releases bureau leaders put out about the survey in early October.
Friday's filing came three days after a city election that saw little debate on the issue.
Among the winning candidates, Mayor Bill Bell told the People's Alliance he'd only "render [an] opinion" on changing the ordinance after a public hearing. Councilwoman Cora Cole-McFadden said she opposed a change "at this point."
Councilman Howard Clement said he would support a change to "allow promotion of public safety considerations." And Councilman Mike Woodard, though non-committal, said Fairway and other billboard owners have "a very steep threshold to overcome," given that opposition to a change seems more widespread than expected.
Fairway's general manager for eastern North Carolina, Paul Hickman, said the filing came after the company "recently completed the public outreach process" members of the Joint City/County Planning Committee request last year.
A Hickman subordinate, Aaron Guyton, also noted that the company was recently involved in a merger.
A Washington, D.C., investment firm bought Fairway in mid-October and combined it with another billboard company, Magic Media. The new company is called Fairway Magic Outdoor LLC.
A news release on the acquisition said the new firm is now "one of the largest privately owned outdoor advertising companies" in the U.S., with more than 19,500 billboards and posters in 22 states. Fairway Outdoor's former CEO, Mark Moyer, was named leader of the combined operation.


By Larry Holt & John Schelp, Herald-Sun, 24 March 2009 [submitted version]
The billboard industry is campaigning hard to overturn Durham's existing ban on billboards. To counter the misinformation coming from industry, folks in the community are launching a new website today at http://supportdurhambillboardban.com/
On this site, you can see photos of billboards over homes in East Durham, video clips of blinking electronic billboards in action, and a thoughtful presentation supporting Durham's current ban on billboards.
Overturning Durham's ban on electronic billboards would open the door to big, bright, blinking billboards on I-85, 147, 15-501 and 70. Do we want large billboards at the top of tall metal poles -- flashing ads every eight seconds -- near homes, schools, parks and places of worship?
The site outlines many reasons to oppose the billboard industry's attempt to overturn our ordinance.
Billboard taxes and the local economy: Billboards are not taxed on the amount of revenue they generate. So, billboards contribute an extremely small amount to Durham's tax revenues.
Fairway Advertising paid just $2,605.60 in taxes last year. Just $2600 for the 46 billboards Fairway owns in Durham. Many single family residences in Durham pay a lot more than that.
Replacing standard billboards with electronic ones would generate 10 times more revenues for billboard owners -- from $2,000 to $14,000/month (Inc. magazine). And yet, tax revenues would remain tiny.
Adding insult to injury, if local officials wanted to remove an electronic billboard for any reason in the future, Durham taxpayers would have to compensate the owners for lost revenues.
Jobs: Durham would see few economic benefits from new jobs, since billboard companies employ very few people (mostly managers and sales personnel), and Fairway's offices are in Georgia and Raleigh. Fairway's impact on Durham's economy is negligible.
Public Service Ads: A common industry tactic for undermining public opposition to electronic billboards is to offer free billboard space to non-profit organizations. The industry has employed this tactic in Durham, asking City Council members to name their favorite local non-profits then approaching the groups and offering them free billboard space. This explains why you're suddenly seeing non-profit billboards around town.
The often unnoticed irony in this tactic is that the ads on electronic billboards change about 10,800 times/day. So, we can see PSAs for anti-drinking programs followed by ads for Bud Lite and Seagram's Vodka.
Billboards and the environment: Electronic billboards have a big carbon footprint -- equivalent to that of about 13 houses. At the same time citizens are being urged to use florescent light bulbs to reduce our individual carbon footprints, we're being urged to embrace billboards and their energy consumption?
Public safety: Anything that distracts a driver's eyes from the road for more than two seconds significantly increases the chances of a wreck. Electronic billboards are designed to attract drivers' attention and are an intrinsic safety hazard. Do we really want drivers on our increasingly congested thoroughfares intentionally distracted by attention-grabbing electronic billboards?
Aesthetics: Durham citizens, neighborhood groups, and local officials worked hard to reduce billboard blight along our highways and in our city. There have been a many, many letters to the editor from Durham citizens who oppose electronic billboards and a only a few supporting the billboard industry, with most of those coming from the Friends of Durham/Chamber of Commerce camp. Some of these letter writers have blamed local government for the deterioration of billboards in Durham. The fact is that current ordinances allow billboard companies to make annual improvements in order to maintain their billboards, but the industry has allowed its billboards to deteriorate anyway. These billboards may be ugly, but don't blame current ordinances or local government.
The Chamber's efforts on behalf of the billboard industry to overturn the current ban on electronic billboards, despite citizen outcry, begs the question: Why are the City and County giving the Chamber $128,000 in taxpayer subsidies/year so the Chamber can turn around and lobby local officials on behalf of outside interests that contribute little to our local economy or quality of life?
And it's inexcusable that billboard industry lawyers target a Planning staffer because the facts she presents don't support their client's attempt to overturn Durham's ban on electronic billboards (Officials' objectivity questioned, Herald-Sun, 3/08/09). Surely, the billboard industry isn't suggesting that relevant facts should be kept from the public?
As a recent article points out, there are plenty of compelling reasons not to overturn Durham's ordinance (Planner: Proceed with caution on billboard issue, Durham News, 2/07/09)...
* Fairway's billboards now produce about $2,600 in county tax revenue; switching some to digital "would still not generate significant revenue"
* Local government cannot require the signs to carry public-service messages
* Digital billboards could be found to violate the federal Highway Beautification Act
* Allowing digital billboards while safety studies are pending could expose Durham to liability for accidents
* Full sunlight reaches about 6,500 "nits;" a digital billboard can reach 10,000 nits.
Please visit our new website. Electronic billboards are a bad idea for Durham. Together, we can stop the billboard industry.
Support Durham billboard ban :: http://supportdurhambillboardban.com/
"It is no argument that this is a matter of preference to the corresponding communities."
And, as the survey cited in this article clearly shows, only 6% of Durham supports electronic billboards. 72% oppose them, with the balance undecided. Clearly, the preference of our community is that electronic billboards should not be allowed.
"cut down highway clutter of having billboards AND digital signage that send public service messages. "
Well, the digital signage has already been installed. You state that both electronic billboards and digital signs would cause too much clutter, I agree. Since we already have the digital signs, then we should not allow electronic billboards.
You know a lot about billboards. Say, you wouldn't happen to work for the billboard industry, would you?
Also, regarding other cities-- I don't care what other cities do. The will of Durhamites is very clear. Only 6% of residents support modifying our current billboard ordinances. 72% of residents oppose it. Clearly, Durham does not want electronic billboards. They actually don't want billboards at all--the aim of the current ordinance is complete removal of billboards.
Also interesting to note that if Durham does not want ANY billboards in the community (as repeatedly interjected in this venue) it is odd that Duke University , The Durham Bulls, The Herald-Sun and even the city of Durham advertise on what is already in place.
Other, more populous cities, do ban them. Raleigh bans them. They are a more populous, peer city.
Side question/notes:
If these digital billboards are such a menace/nuisance, then why have they not been banned in more populated areas other than Durham, NC? Also, opinions are like buttocks, most everyone has one/or two. It is arguments like this that have stalled the RDU area with not moving forward with progress.
Also check out the following website: http://supportdurhambillboardban.com/ You'll find some history on the issue in Durham, many letters & articles by Durham citizens on the issue, and other information.
You write: "If Durham wants to do away with billboards in general, then I see the argument." That's exactly the point. Durham's current ban on billboards is, in fact, a reflection of Durham's desire to do away with billboards. It was the product of hard work by a lot of people trying to fight billboard blight. We're not fans of the current billboards and eventually we want them all gone. We emphatically don't want them replaced by electronic billboards--which are as much a visual blight as the current billboards.
Two points. The first is when you want to convince people of the soundness of your arguments, calling them "ignorant", and mocking them and their community is a bad first step. Just a thought.
Unless, of course, you're just trying to be a blowhard. Then it's sound strategy.
Second, your arguments make absolutely no sense. Since you admittedly don't know the carbon footprint of either type of board, reaching conclusions based on that footprint either way is silly. Your statement that Durham must either 1) ban all billboards or 2) allow whatever ludicrous boards people will put up is nonsensical on its face. The old ordinance essentially WAS an attempt to ban billboards, while "grandfathering" the existing boards. It stopped the problem from growing, while respecting the rights of those who had already invested in boards.
It was and is a reasonable ordinance. I understand that you may have a little trouble recognizing reasonableness. I suggest trying harder in the future.
If Durham wants to do away with billboards in general, then I see the argument. If Durham only wants to shout on a soapbox that the billboards already in place are better than something that is more pleasing to the eye and would probably be less taxing to our natural resources, then the argument is a paradox.
http://supportdurhambillboardban.com
If anyone out there has information about campaign contributions to our city council & county commissioners by the billboard company, its employees, and/or its legal & marketing associations, please provide it on neighborhood and community listservs and blogs.
We need to encourage our elected officials to stand firm WITH Durham citizens who overwhelmingly don't want electronic billboards cluttering our community. We also need to hold them accountable if they have taken campaign funds from the billboard industry and vote against the interests and desires of Durham citizens who elected them.