Here we go. More Blight Signs.

From: Tom Menocal
Sent: Wednesday, September 18, 2013 6:30 PM
To: Green, Allen; Ford, Bob; Kennedy, Dennis; Burnette, Don; Bastian, Drew; Kisela, Greg
Subject: LED Signage – Chapter 15, Section 7(c)3
TO: Allen Green – Mayor
Gregory Kisela – City Manager
Donald Burnette – Vice Mayor
Bob Ford – Council
Drew Bastion – Council
Dennis Kennedy – Council
RE: CoPO Land Development Code: Chapter 15; Section 7(c)3 permits Light Emitting Diode, LED signage capable of variable messaging and images.
LED Blight Signs & The Problem of Enforcement
I would like to propose a moratorium on LED signage permits. I do not believe it is or will be enforceable signage. And should reconsider it being a signage option in Port Orange. More important, I do not want the City to water down existing Land Development Code in response to the technical capabilities of this signage.
Manufacturers of LED signs boast about empowering their owners with high capabilities and freedom of expressions. If you can think it – you can probably do it. For the owner, this creates an immediate tension. Why did I invest in this high capability signage only to be restricted by the City of Port Orange to its most basic use?
Tension elevates to an infringement of rights by the City on the:

• Individual
• Commerce

As far as I know, there are currently [4] commercial LEDs in operation within the City:

• BJ’s – price of gasoline – loss leader to drive membership
• Panera Bread – multi-tenant on Dunlawton Ave
• Gulfstream – multi-tenant on Clyde Morris
• Tuscan Village Shoppes – multi-tenant on Nova Road

I understand that BJ’s, price of gas, LED installation has triggered applications for other LEDs.
Here we go. More Blight Signs.
It’s ironic that adjoining communities are trying to reverse the signage blight while we seem to have opened the door to it. They lament, that if only they would have had the gumption in the past, they would not be dealing with the task of reversing blight. Planting palm trees and building landscaped berms does not cover the blight.
AFTER DARK – Even Brighter Blight Signs
Once the sun sets … these LED signs are even more in the category of ‘blight’.
Though I’ve not been able to measure and confirm, I’m pretty certain that all the LED [night time dimmers] are not within code. Compared to all non-LED signage, I can see LEDs in excess of 1/2 mile away. They are more intense as oncoming automobile headlights.
IN SUMMARY – SUGGESTIONS

1. A moratorium on LED signage permits is necessary in order to review if it’s in the long-term [benefit, detriment] to Port Orange
2. Meanwhile, there should be no relaxing of existing code
3. Code enforcement on these high capability, existing LEDs is not practical. The technology can easily outstrip the ability to monitor and enforce.
4. The high cost of monitoring and enforcing
5. Rethink multi-tenant signage
6. Make obsolete the permitting of [Time, Temperature] signage allowed under Chapter 15, Section 7(q)
7. Other ideas

Personally, I think these should be in the [prohibited] category. Ironically, the law firm I retain, Cobb Cole, helped open the door to this blight. Specifically, associate Michael Woods.
It’s not too late to reconsider.
—
Tom [Tommy] Menocal
Port Orange, FL
g: 414.367.4140 – GoogleVoice#