IHPC Delays Digital Billboard Decision

I just posted this entry on the IBJ's Indiana Forefront.  I would only add - many thanks to Councillors Joe Simpson and Zach Adamson for supporting the broader community interest by asking that the digital billboard variance be delayed until after the sign regulations are reviewed in a vigorous, transparent, and public process. ---

Last night, as reported by Hayleigh Colombo in the IBJ, the Indianapolis Historic Preservation Commission continued to October 7, both the building design and the digital billboard variance proposed for Mass. Ave.

I was in the audience, waiting to speak to the digital billboard variance on behalf of the Marion County Alliance of Neighborhood Associations.

From November to June, 59 organizations joined forces to move the digital billboard debate from behind closed doors to the appropriate public venue – the upcoming Department of Metropolitan Development review of the entire sign ordinance.  After all the meetings and all the debate, the Council agreed.

The proposed ‘digital canvas’ envisioned for the building that would replace the Mass Ave fire station needs a variance expressly because it would be a digital billboard.  They propose posting ‘sponsors’ information either on 20% of the space or 20% of the time.  Motion and sound would be allowed.

A continuance was proposed by two Councillors – Joe Simpson, whose current district includes the site, and Zach Adamson, who is running for reelection to the new district boundaries that will include this site – via letter to the IHPC.  Initially the Commission was moving toward a continuance until after the Council passes the new sign ordinance, presumably some time next year.  Then the developer and his representative asked for the October 7 date so they could discuss it with the two Councillors.

Continuing this variance request is wise for a couple of reasons.  The broad community deserves its hard fought and hard won vigorous public process that would decide if digital billboards are right for Indianapolis.  If lifting the ban was found in the community’s best interest, then issues such as how to measure and regulate light levels, size, motion, sound, appropriate locations, interactivity with the driving public, and other safety issues would be discussed and appropriate parameters would be set.

If the Mass. Ave. digital billboard variance comes first, it could create a precedent and set a standard that became the tail that wagged the dog.  That, undoubtedly, was why John Kisiel, Vice President of Clear Channel, was in the audience for 5 hours last night.  Kisiel has stated that he was assigned to Indianapolis by Clear Channel to open Indy up to digital billboards.

Let’s face it, the billboard industry is a litigious group.  They have shown they will take cities to court if they can find any chink in the rules or application of the rules.  Indy’s billboard ban has successfully weathered their attempts to gain variances and prevailed in the subsequent lawsuits.  Granting this digital billboard variance would demonstrate uneven application of the ban.  Given these are the waning months for the Ballard administration, who know whether the variance would be challenged.  As they did in other cities, the biggest mess being in Los Angeles, this would give the billboard industry just the opening they need to seek unfettered and unregulated access to Indy’s streetscapes.

Some will say this is only relevant to the Mass. Ave. neighborhoods.  But, given the dynamics at play in the digital billboard arena, the digital billboard variance is about all of our neighborhoods.

Ethics Committee Tables Prop 28 With Intention of More Comprehensive Proposal To Come

The Ethics Committee of the City- County Council did indeed meeting this past Thursday to consider Councillor Mahern's Prop 28, which would require full disclosure by Council members when they or their family members received gifts, including tickets to sporting events provided by the CIB.  The meeting took less than 5 minutes to complete.

Councillor Mahern requested that this proposal be struck, with the intention that he would introduce a similar proposal that would include other elected City officials, including the Mayor.  The Committee tabled Prop 28 indefinitely, which has a similar effect as striking the proposal - it is dead.

Here is the clip of Mahern's testimony before the committee (in attendance were Councillors Robinson, Hickman, Simpson, Evans, and Shreve - so this committee continues to be in flux).

"Ethics" Committee Meets Tonight - One Agenda Item - Disclosure of Free Tickets to Sporting Events

Two Council committees will meet tonight, both beginning at 5:30 pm.  Public Works will get the big room and the live WCTY feed.  So, we'll have to wait for tomorrow's posting online and subsequent airings to see what the "Ethics" Committee does with Prop 28, which "amends the Code concerning ethics disclosure to ensure more transparency with respect to gifts provided to Councillors and their families".

This proposal was heard by the committee on Valentine's Day and can be viewed in the WCTY archives.  Only 4 of the 6 members showed up to discuss more disclosure to the public.  This is the minimum needed for a quorum.  There was much wringing of hands and gnashing of teeth, but no vote on the proposal.  The list online shows the committee to be chaired by Councillor Robinson, with other members being Simpson, Miller, Shreve (took over for Freeman who is still listed) - the 4 present.  Missing were Brown and Cain.

Councillor Simpson ended the meeting saying to the proposal's author, Councillor Mahern, "Let's really work on this", and "Good work, Brian".  The proposal was continued to the next meeting of the committee, which was to be March 14.

The is notice of a March 14, 2013, meeting of this committee, but no minutes or WCTY video are posted.  Prop 28 was the sole item on that agenda, as well.  An email exchange with SaRita Puckett, Ethics committee secretary, clarified that there was, in fact, no meeting held that date.

This proposal is pretty darned simple - on top of existing reporting requirements for gifts, it would also require that Councillors disclose receipt of gifts from Municipal Corporations (like the CIB).  It would require that dollar amounts be estimated for the value of gifts received.  And, it would require that gifts made to Councillors' spouses and dependant children be disclosed.  Not all gifts require disclosure in the current or proposed Code on ethics - only those valued at more than $100 for one gift, or an aggregate value of more than $250 in a calendar year.  So, a cup of coffee shouldn't tip anyone's scale.

But tickets to sporting events would definitely tip the scales.

Tonight we shall see if this Council would rather be open and above board in disclosing what tickets to what sporting events they and their family are treated to, or if they'd rather keep the public in the dark and guessing.  This committee will not bring forward a proposal that would embarrass the full Council by forcing a vote to strengthen the public's right to know, when that vote would be a very public and very accountable 'no'.  We shall see if Councillor Simpson and the rest of the "Ethics" committee really want to make this proposal the best it can be - or if they want to bury it.

Councillors Mahern and Adamson Stand Up for What is Right

Yesterday was a bad day for sense and sensibility in Indy government.  The Council voted 25 to 2 to pass Prop 15, which expands the consolidated downtown TIF by more than a square mile.

The only two who had the strength of their convictions were Councillors Brian Mahern and Zach Adamson.  Angela Mansfield appeared to be absent and Vernon Brown was excused from voting due to a conflict of interest. 

By my count, at least 7 Councillors, bent their principles and voted in favor. (Others were always going to vote the party line, the public interest be damned.)  Sure, their vote would not defeat the measure, but it would have sent a message that the ongoing community discussion on TIFs is necessary.  That conversation will continue.

Councillor Vop Osili made promises to folks living in the Riverside and UNWA neighborhoods.  The language he negotiated and inserted into Prop 15 fails to target those promises to those neighborhoods. 

Councillor Joe Simpson refused to amend the Mass Ave portion of the TIF to exclude 2 of the several parcels that are already slated for private investment.  This extension of the consolidated downtown TIF is merely being created as a slush fund for the Ballard administration, and Simpson is fine with that.  He and they are stealing revenue that would have gone to help teach the children of IPS, stealing revenue that would have gone to deliver poor relief in Center Township, stealing revenue that would have gone to IMPD, IFD, IndyGo, Health & Hospitals, Parks, and the libraries - and spending it on development that could and would have happened without the TIF.

I sincerely hope that a dye was not cast last night.  I hope we merely walked down the wrong path on a course that we can change before it is too late.  TIFs have consequences.  They are not free money.  At some point, we will cross a line that harms Indy's economy and the services we pay taxes for.

Councillors will feel the urge to get in line to get a TIF for their area, too.  By my count, the two that passed last night are just the first of 8.  I don't know where the line of economic harm is.  Perhaps it isn't even a bright line, but rather a gradual loss of services and quality of life for most of Indy's residents until drastic cuts in public safety and education become routine, and we do the best we can to wait out the 25 year lifespan of the TIFs.

The issue of TIFs is a hard one.  I have been happy to see the community trying to get on top of it, digest it, and decide upon it.  The conversation began in earnest about a year ago as key people in key groups began to understand there is no free ride with TIFs.  And the conversation will continue. 

Today I want to thank Councillors Mahern and Adamson for standing up for Indy, even when the powers that be tried to make them bow.  We need elected officials with spines and principles and who will fight for what is right and best for Indianapolis and its people.

The public good suffered a blow last night, but the fight continues.