Can Art and Historic Preservation Coexist?

Leave a reply

A version of this article When Public Art and Historic Preservation Clash appeared at Strong Towns on May 24, 2017.

Main Street Annapolis (wikipedia.com)

Annapolis is the historic capital city of Maryland and harks back to the Colonial days of the United States. The city’s core contains a lot of the historic fabric from the 1700s, 1800s and 1900s including historical gems such as the Maryland State House where the Continental Congress met in the 1780s, the William Paca House (1760s) and many others of lesser fame. While there was some significant demolition in parts of the city over time, fortunately the ravages of the urban renewal years did not gut any large portions of the core downtown and the influence of the automobile was minimal on the street size and configuration.  The preservation of the historical character is in large part due to the efforts of organizations such as Historic Annapolis and through Maryland and Annapolis Statutes as implemented by the city Historic Preservation Commission (HPC). Without these heroic efforts beginning in the 1950s and 1960s much more of the historic fabric might have been lost.

Fast forward to the present. Annapolis is generally a healthy and thriving city and is a very strong tourist attraction thanks to the aforementioned historic fabric. However, like many towns and cities, it struggles at times to keep the core areas thriving for locals beyond the standard tourist attractions. In addition to the historic Main Street area that is within the area governed by historic preservation rules, there is another close by area of West Street that has undergone quite a renaissance over the last 20 years with new shops and restaurants thanks to an innovative group of restaurant owners, artists and entrepreneurs who have coalesced the area into an “arts district”. This is due to there not being not a lot of scrutiny when this area was economically depressed. This redevelopment mimics reinvestment in cities where there is little regulation, as Andres Duany says “when government is not watching”. It’s page directly out of the Strong Towns playbook with events such as a weekly “Dinner Under the Stars” and the, “Chocolate” and “Fringe” festivals all organized at the grass roots level with great success.

Arts Festival on West Street (http://www.firstsundayarts.com/)

Compare these two approaches, one top down with codified rules and regulations at multiple levels of government and one bottoms up, with a “try lots of ideas and see what works” mentality led by hyperlocal citizens. When these two meet, in the case public art, there is clash of control.

While much of the “arts district” is outside the historic area boundary, there are a few buildings that are part of the arts district within the boundary and when one owner was cited for peeling paint, he enlisted a well known local artist to do the painting – with a mural.

Time Lapse – Tsunami Mural Annapolis, MD from Power Play Creations on Vimeo.

The response from the city was heavy handed, serving a court order to either repaint it or apply for a retroactive permit. While the HPC code does not specifically regulate paint it does regulate “architectural alteration”. This means the owner would have been completely within his right to paint it a non-historically accurate (whatever that is) color, but the fact that there was “art” in the image made it an “alteration”. After boiling away all of the legal minutia of this disagreement, it comes down to a control issue, not unlike those around Tiny Free Libraries. To be fair, the city says they might approve this particular mural, but they want make that determination.

From our local press:

“We choose not to regulate paint,” said Lisa Craig, the city’s chief of historic preservation, in October 2015, “but when paint gets to the point where it obstructs or detracts from the architectural characteristics of the building, then they (commission members) have to make a judgment call.”

And

Buckley [the property owner] sees it as an attempt to merge West Street’s historic nature with Annapolis’ artistic sector. “We look at beautiful cities all over the world in Prague and in Paris and these cities they make things work with historic buildings and they understand juxtaposition,” Buckley said Friday. “But I feel like we’re not getting that same thing here. So, as it became bigger than us, we decided we would stand up.”

Voices from both sides from a movie trailer “Cataylst” about the mural by Power Play Creations on Vimeo.

Beyond the specifics of this particular interpretation of the Annapolis historic preservation code, this situation is a prime example of two schools of thought on how to build great places, but with diametrically opposed approaches and represents the somewhat bi polar nature of Annapolis’s culture. Some resist change because change is negative and some encourage change because change is good.

For better or worse the court case – at least this edition anyway – was just resolved in favor of the city.

Tension between these cultures is certainly healthy as monocultures are fragile. But when the argument is more about control than substance, in my opinion the balance has shifted away from historic preservation’s original intent. Paint is truly ephemeral as the arts community showed in their cheeky response by staging a “mural funeral” when a second mural was cited by the city.

While historic preservation is critical for cities such as Annapolis, with all of the problems the Annapolis has, and yes, even though we are a small historic city we have many of the same problems larger cities have, spending money and effort on legal challenges is not effective solution to improving the city. Additional hurdles to revitalization based not on substance but control, especially those at the grass routes level, are the last thing the cities and towns need.

Alex Pline Talks Parking, Transportation and Biking in Annapolis

Leave a reply
Sitting around the 'Dirty Kitchen Table' with John Frenaye and Tim Hamilton

Sitting around the ‘Dirty Kitchen Table’ with John Frenaye and Tim Hamilton

I recently appeared on The Maryland Crabs Podcast, a podcast that covers the waterfront of local topics, to discuss parking, transportation and biking in Annapolis. In my role as Chair of the Annapolis Transportation Board, the subject of parking comes up at almost every monthly meeting. Since I’ve been in Annapolis, parking has always been handled in a fractious and ad hoc manner by the city. There have been many studies and virtually every transition team for an incoming mayor has recommended reforming the parking policy to be “holistic” so that all of the parking facilities (metered spots, residential parking permits and parking garages) all work together as a “system”. Despite these recommendations, the city has never been able to accomplish this goal on its own.

The Pantelides Administration made it a goal to implement this idea and actually did through a contract with SP+ Municipal Services, a national player in parking management. Of course people in Annapolis hate change – any change of any sort – so the implementation of the contract has not been without its detractors. One of the goals of hiring a “playa” in the parking management business is that they, as subject matter experts, can bring state of the art ideas in parking management to the table and in fact one of their contract deliverables is a Parking Utilization Analysis (full report, large PDF)  in Annapolis that would contain recommendations for parking policy changes in the city (summary in The Capital).

As these recommendations filtered out to the public opinions on social media were abound. I got into it with John Frenaye and Tim Hamilton over their assertion that this contract was a “money grab” by SP+ and the city and other misunderstandings about the effort. So they invited me on the podcast to talk about this and my other passion, transportation cycling.  It was a fun experience and a great conversation to bring some perspective to this activity for people who have not been intimately involved.

Unfortunately, we did not have as much time to talk about biking, which could fill an entire podcast itself, but I did make a few key points about transportation cycling in Annapolis (we need more connectivity!).

It was a lot of fun and we had a great conversation. According to Tim, there has been very positive feedback and a higher than usual download rate. I hope to be back on in the future to discuss the nexus of transportation, land use and municipal finances, because these are typically viewed as separate, siloed issues, when in reality they are different facets of the same issue that interplay in ways that most people don’t really understand.

Give it a listen!

Or subscribe via iTunes or Google Play

Anne Arundel can escape its growth Ponzi scheme

Leave a reply

Appearing in The Capital, September 18, 2016

Anne Arundel County has been fortunate over the years to have steady economic opportunities, due in part to our location near large metropolitan areas as well as a strong federal and state job base. These economic opportunities, along with a rich history, quaint historic areas and miles of coastline on the Chesapeake Bay make Anne Arundel an attractive place to live.

County residents want significant limits on growth to maintain their quality of life. They also insist on high-quality services like roads, public safety and education — along with low taxes. In the short term, the county can attempt to solicit more money from the state and federal governments, borrow more and promote land development to increase the tax base. But the federal and state governments have their own fiscal problems, and so are contributing less. Borrowing, such as with the recent lengthening of bond terms, has a limited effect. This leaves growth as the primary tool for raising the needed revenue.

Growth in and of itself is not bad. When done in a long-term, fiscally sustainable manner, growth builds wealth for residents, business and the county. The 2009 General Development Plan discusses balancing land use, growth and fiscal policies, but much of the development in the county continues to be auto-centric, even in the targeted growth areas like Parole and Odenton.

We often forget that auto-centric suburban development is an experiment that has never been tried anywhere before. We assume it is the natural order of things because it is what we see all around, and in our collective psyche is the “American dream,” a non-negotiable way of life that must be maintained at all costs. But it is only in the last two generations that we have scaled places to the automobile. What we are finding is that the underlying financing mechanisms of the suburban era operate like a classic Ponzi scheme, with ever-increasing rates of growth necessary to sustain long-term liabilities.

The root of the problem is that auto-centric development, in which residential and commercial areas are widely separated, requires tremendous amounts of land as well as infrastructure that is costly to build and maintain, while yielding very low tax revenue per acre. As long as strong growth continues and new revenue is generated to cover the short-term costs, we have the illusion of wealth because we are delaying infrastructure maintenance and personnel costs. This is the current state of Anne Arundel County.

Even with robust growth, we are starting to see the effects of these long term-liabilities, as indicated in the General Development Plan:

“Over the years, due to rising construction costs and other factors, the county has struggled to keep pace with the ongoing demand for maintenance, renovation and rehabilitation, and replacement of existing infrastructure and facilities that have been in place to serve the existing population and employment base.”

For citizens, this is most visible in the roads and traffic resulting from this development pattern. We cannot build our way out of congestion — we don’t have the land and most certainly don’t have the money. Yet we continue to promote development that virtually requires the use of an automobile.

The General Development Plan has goals, policies and actions to produce fiscally productive development, yet our specific regulations that developers must follow still produce the same patterns: greatly separated residential and commercial areas; big, dangerous roads; throwaway strip malls and parking lots. All this requires lots of driving. And it does not generate enough tax revenue to maintain the required infrastructure. We need to change these regulations to return to a traditional pattern of development in which neighborhoods are at a human scale with appropriate mixed use — places where people can walk or bike for many of their daily needs — while having viable transit options to connect these neighborhoods with the Baltimore and Washington metropolitan areas. There are still many places like this remaining in the country, such as the suburbs built before World War II. We should be emulating them for a fiscally sustainable future.

This essay was part of Becoming the best is a series of essays exploring the question of what it would take to make Annapolis and Anne Arundel County “the best.”

The Kobayashi Maru Test

Leave a reply

Last night, the Annapolis Planning Commission faced their Kobayashi Maru test. How will they decide whether access to the Rocky Gorge planned development is via Aris T Allen Boulevard or Yawl Rd: place the lives of Rocky Gorge residents in grave danger by turning off and on a highway or assuring the destruction of the Oxford Landing neighborhood with 48 homes worth of traffic down their main street?

Followers of this development have been watching this issue come to a boil slowly over the last two years. But, for those not familiar with the development and this issue specifically, let me recap.

Rocky Gorge is a planned development of 46 units of single family and townhouses south of Aris T Allen Boulevard. For a good overview, you can see the site plans here (76MB) or search for project PD2016-001 on the Annapolis eTRAKiT project tracking site for all the project details.

location

The project has a long and sordid history with many, many complicated facets. It began with two annexations of land in 2003 and 2005 followed by development approval (SE2005-11-547) and initial grading, the financial crisis of 2008, bankruptcy and sale to a capital management firm and most recently restarting the development in 2014. This history, while important to how we got to this point, is for the most part, water under the bridge, not to mention that the more you dig into understanding the history, the more questions arise. That said, one of the limitations placed on the development by the annexation agreement was no direct access from Aris T Allen Boulevard. However, that was predicated on a “relief road” south of the development, but for many practical and environmental reasons was never, and will never be built.

As the design and review of the restarted development progressed, due to the access limitation in the annexation, Yawl Rd was the only way in and out, straight through the center of the Oxford Landing development built in the late 1980s. And of course the residents objected, so resolution R-33-14 to remove the annexation restrictions was introduced to the City Council. If passed would open the door to alternative access via Aris T Allen Boulevard.  It wound it’s way through the process and was ultimately passed. I wrote about it here and here and the Planning Commission,  Transportation Board, and The Capital also thought it was not a good idea. Once the restriction was removed, it went to the State Highway Administration (SHA) for a decision as they “own” the road (MD 665). After an additional traffic study and meetings with the SHA, access was granted with addition of acceleration and deceleration lanes.

yawl_access

Rocky Gorge – Access Via Yawl Rd

Once this access was granted by SHA, the site plan was substantial altered to change the access from Yawl Rd to Aris T Allen. As such, the project went back to the Planning Commission, which brings us up to date for the meeting last night and the Kobayashi Maru test.

665_access


Rocky Gorge – Access Via Aris T Allen (right in right out)

The developer’s representative Allan Hyatt gave a long and somewhat tedious presentation. He is a lawyer and every presentation I have seen him make to a city Board or Panel is treated in language and actions like a trial, explicitly stating everything for the record along with expert testimony, even though the Planning Commission does not officially recognize “expert witnesses” (a point of snickering with the chair). This was a public hearing so a number of people spoke, residents, representatives of ARTMA, the Annapolis Neck Peninsula Federation, Oxford Landing, and Alderwomen Finlayson/Pindell-Charles, indicating significant safety problems with either access scenario – deadly car crashes on Aris T Allen or kids run over by cars on Yawl Rd.

Kirk

Those were the only two choices on the table: 1. Approve the application as submitted (design with ingress/egress to Aris T Allen only, other than a pedestrian/emergency connection to Yawl Rd) or 2. Deny the application and revert to the prior approval (design with ingress/egress via Yawl Rd only). Virtually all the Planning Commission members expressed frustration with these equally bad choices. There must be alternatives that would not be unsafe for users Aris T Allen or residents of Oxford Landing, but how? Like Captain Kirk, they chose a different way: leave the public hearing open indefinitely and allow the applicant – who fortunately saw the writing on the wall – to look for alternatives.

It is my hope that all parties involved can think about innovative solutions that attempt to mitigate the compounded mistakes and prior planning decisions that lead up to this scenario and hopefully learn a lesson and apply it future developments. The suburban design pattern of cul de sacs and hierarchical road networks is a detriment to incremental growth that is so important to a healthy Annapolis as it was intended by design to be static and does not scale well. See this short video for a primer on incremental development and why it is important. Much of downtown Annapolis and inner West Street developed this way and has been better off for it.

Raising the Interest and Reducing the Concern

Leave a reply

Contemporary cycling in the United States is largely viewed by the public as a recreational endeavor. However, it was not always this way. For distances greater than that easily covered on foot, bicycles were the preferred mode of local transportation prior to the early 1900s when the automobile came into wider use. During the next half decade, bicycles were seen primarily as children’s toys. The 1970s and 1980s brought a new boom in bicycle sales for adult recreational purposes and this was augmented by the “Lance effect” in the early 2000s, introducing a large number of people to performance cycling.

As a result, most infrastructure built in the latter half of the 20th century was geared around this recreational aspect of cycling, primarily off road paths in parks, “rails to trails” efforts and even mountain bike facilities. It is only in the last 10 years that urban areas have started to look again at bicycles as part of their transportation strategy and to construct suitable infrastructure to implement it. By most measures these efforts have been fairly successful in increasing the numbers of transportation cyclists, but still not to a level of places like the Netherlands where there is upwards of 30% bicycle mode share. The United States will likely never achieve that kind of mode share if for no other reason than our systemic land use issues, but in areas where the land use patterns do support bicycle transportation, we can get to more modest shares like that of Portland (7+%). What actions can be taken take to increase this mode share?

Largest Gains

There are four types of transportation cyclists: Strong and Fearless (<1%), Enthused and Confident (7%), Interested but Concerned (60%) and No Way No How (33%). To this I would add a fifth group: “Unseen Bicyclists”, who have no particular interest in cycling other than as a nearly free mode of transportation that is faster than walking. In order to get to work they often must ride in inhospitable areas for cyclists.

In years past, transportation cycling in urban areas has included the three of the five smallest groups, personified by the bike messenger (Strong and Fearless), the racer who decides to commute (Enthused and Confident) and the guy riding the squeaky mountain bike on the sidewalk late at night (Unseen Bicyclist). Together, these groups never reach the critical mass/tipping point where transportation cycling would be seen as something normal people do. The question is how to encourage the largest untapped group (Interested but Concerned) to embrace transportation cycling as a way of life?

Infrastructure Is The Key

I use the word “infrastructure” here as it captures the Zeitgeist, but to be more precise, I mean the built environment that cyclists experience trying to get from place A to place B. Interested but Concerned cyclists who would definitely drive to a safe place to ride recreationally, first and foremost, need to feel safe in order to participate in transportation cycling. It is a necessary but not sufficient condition that, if not met, significantly degrades the return on investment of any infrastructure as it will not be widely used. Critics will point out that there s no demand, and thus a waste of money. The largest factor in achieving this perception of safety is separating cyclists from fast moving vehicles. An on road bike lane on a 6 lane arterial with speeds of 40+ mph, often the result of Complete Streets efforts implemented by state DOTs, while fine for a fast road cyclist, is not going to make the average Interested but Concerned cyclist feel safe.

md2 bike lane

On road bike lane on MD 2 in Edgewater, Maryland. I ride here often, but I am in the Strong and Fearless Group. (Google)

The second condition that must be met to entice Interested but Concerned cyclists is that the routes need to be direct and efficient from a time standpoint. Dedicated cyclists inherently like cycling as an activity and as a result are willing to “pay extra” in terms of time and effort to do it, but in order for regular people to take up transportation cycling, there has to be real value over other modes. Most recreational bicycle facilities that feel safe are often circuitous or if they are direct, require cyclists to stop at every cross street or curb cut or even worse require pressing a beg button and waiting a full light cycle, making the trip an annoying and time consuming process. As Strong Towns pointed out in the “Follow the Rules Bikers” piece, typically our cycling infrastructure is geared to automobiles, which puts bicycles on the same footing as cars. If there is no time saving advantage, why not just drive? That’s what the Interested but Concerned cyclist would do.

Residential neighborhoods with low and slow traffic offer acceptable routes for the Interested but Concerned cyclists and can be direct if the development pattern is a grid of streets with good connectivity. But so often local subdivision regulations or requests by residents close off streets to through traffic and once they are closed, very hard to reopen even for pedestrian or bicycle access. Yet, they can have a significant positive impact on the efficiency of a route.

victor parkway

Victor Parkway in Annapolis, Maryland has a fence between adjacent neighborhoods. The only way around is using a notorious five lane arterial that adds a half mile distance. It took a significant effort with the City of Annapolis to get even the pedestrian gate opened. It helps but is still unpleasant for cyclists. (Google)

Start With An Insider

A decidedly un-Strong Towns approach to getting Interested but Concerned cyclists engaged in transportation cycling would be to advocate for a huge pot of Federal transportation dollars and plan a perfect Shangri La bicycle network. Municipal governments often won’t do anything because of the perfect solution fallacy. They know this approach is not workable so anything incremental is rejected because it isn’t a complete plan and problems would still exist.

A better Strong Towns approach would be to work incrementally starting initially with a “do no harm” mantra and building on that to address the issues mentioned above. The number one action a municipal government can take to prevent further harm is adding a dedicated pedestrian/bicycle planner to the staff who has a seat at the table for any infrastructure development and maintenance projects. The singular focus of a subject matter expert who really understands the perspective of the Interested but Concerned, can point out bad designs before they are implemented. Additionally, the insider cultivating relationships with local cycling advocacy groups can be a force multiplier in this regard, utilizing a broad network of people who understand issues at a hyper-local level. This is the foot in the door that will provide internal advocacy for early input to projects. Collectively that will improve the infrastructure over time to raise the interest and reduce the concern in transportation cycling.

An Illustrative Project

I will end with a local example that highlights how a cycling subject matter expert might have prevented a disaster from happening. In Anne Arundel County, there is an on road bike lane along a well-traveled recreational route to view the Chesapeake Bay from Annapolis Maryland where I live. It’s essentially a 4-5’ shoulder with bike lane markings. Not great, but good enough to make the average recreational cyclist comfortable, and sadly one of only two marked bike lanes in a county with 4000 lane miles of road under its jurisdiction.

bay_ridge

Bay Ridge Avenue immediately south of Annapolis, Maryland. The driveway on the right is being expanded to accommodate a church expansion.

The expansion of a local church required a turn lane according to the County code. However, this situation was complicated by the presence of a park next door. The park has some recreational paths that are contained within the park and do not serve a transportation purpose in any way. The engineering company that did the design work is a respected regional firm, but the design that was approved by the County makes very little sense from a transportation cyclist’s point of view.

bike squeeze

The bike lane prior to the driveway was replaced with a turn lane. Although common when turn lanes are added, not a good situation for cyclists. But the most egregious change was after the driveway, where the bike lane was blocked with a concrete curb and only resumes after the curb radius where the park path exists to the road. Since virtually all cyclists will be going through, this presents an extremely dangerous situation for cyclists who can get squeezed into the curb by a passing car.

The design makes an assumption that due to the proximity of the park all cyclists are going to be riding on the path around the park – the standard recreational assumption. Because the County does not have a subject matter expert on staff, they assumed that extending the park path in lieu of the bike lane was a benefit, not a detriment. Anyone with local/contextual knowledge would have flagged this design as unresponsive to the typical cyclist pattern and it could have been easily corrected prior to construction with no adverse effect to the church by maintaining the bike lane straight through. Sadly, it was not seen until after concrete had been poured, making a correction difficult and costly.

2016 Frigid Digit

Leave a reply

The weekend started out with a lot of rain in the Mid Atlantic on Friday, but at least we knew we wouldn’t get blown out like last year. However, while the wind forecast for Saturday looked pretty good, it promised to be very light on Sunday. There are two conditions that always remind me of the Frigid Digit: Cool, wet, foggy Nor ‘easter-like and bright, brisk, cool northewester after a cold front-like. Both are tricky conditions to sail in with different challenges. This year’s event was no different with the Nor ‘Easter-like version for Saturday.

We delayed on shore for an hour on Saturday morning as the radar map showed a very larger red line heading from the south. Luckily it was just a lot of rain and as soon it passed the 12 (of 16 that registered) set out in 10-15 knots from the Northeast. Unfortunately a number of local sailors all had prior commitments this weekend which kept the turnout a little low. Three windward/leeward (5 leg) races were run by PRO Mark Hasslinger and his crew. According to Carol Cronin, in most beats, staying left until the end of the beat even though your gut told you not to and despite some right shifts, proved to be a winning strategy. It certainly worked for her and Kim Couranz as they jumped out to a good lead by the first weather mark in all three races and easily hung on to the leads even with Kim’s unscheduled “potty break” into the bay (untied hiking strap) in race 2. Behind, the shifts were causing frequent position changes between Lee Griffith/Nikki Bruno, Zach Kelchner/Miranda Bakos, Brett Davis/Ashley Love, Gavin/Holly O’Hare, Lisa Pline/Jessica Bennett and Alex Pline/Jill Bennett. In the end Lee/Nikki edged out Alex/Jill for 2nd by a point. One of the nice things about these conditions is the powerboats and the associated Annapolis “washing machine” were nowhere to be seen.

close finish

Squeaking out a 4th in a close  finish in the 3rd race.

We headed back to SSA about 4 pm as the breeze was getting pretty light and the fog and mist was hiding downtown. A nice taco bar was served and the warmth of the clubhouse was much appreciated by the competitors. Afterwards Steve and Sonya Pickel suggested we continue on at the Boatyard Bar and Grill, which a number of us jumped on without any arm twisting. I think we all deep down suspected the chances for any racing on Sunday were slim, so what the heck, might as well continue socializing at one of Annapolis’ fun spots. There were rumors of even a third act over at Davis’ Pub, but too late for this Snipe sailor !

Sunday brought continued light breezes again from the northeast, with cloudy but dry skies. Most of the fleet was late to the starting area as it was a bit farther out than usual, so the start was postponed for about a half hour. Once the race finally got underway, right on schedule the bottom of the breeze fell out quickly about half way up the first beat when the sun poked out from behind the clouds. After 10 minutes of just a few zephyrs, the committee wisely abandoned the race. Even without the postponement is was unlikely the race would have made a complete lap of the course before the wind died. We milled around for another 45 minutes just to confirm everyone suspicions, but it was just not to be so everyone was towed in. At least the sun came out as we were packing up and socializing. In addition to the top three overall, Steve Jahnige/Ryan Jahnige, relatively new Snipe sailors were the top placing boat in the silver fleet. A big thanks to regatta chair Doug Frazee for putting this year’s event together and to Carol Cronin, Andy Klein/Jessica Claflin and Jim Tomassetti/Simon Strauss who braved the dreaded I-95 from north of NY to get to Annapolis.

Full Results: http://results.severnsailing.org/2016/2016-Snipe_Frigid_Digit.html

On Paint and Historic Preservation

3 Replies

The heat is increasing in the dispute between the City of Annapolis Historic Preservation Commission and property owners/artists in the”Arts District” (inner West Street). Good background can be found in articles in The Capital here, here and here. I am certainly not against historic preservation and it has been good for the city, but when it gets to the point of micromanaging (witness the past tussle over fiberglass columns), the balance has shifted too far. The city would be far better served with efforts like a form based code that dictates the general form – which we all love so much and which will last for a long time – instead of the minutia like paint color/design which can be very ephemeral. The City needs to concentrate on more important things. I think my paraphrase of Justice Potter Stewart’s infamous comment about pornography is à propos.

Time Lapse – Tsunami Mural Annapolis, MD from Power Play Creations on Vimeo.

——————-
Dear Mr. Mayor, Members of the City Council and Interested Parties-

I have been following with great interest the debate between property owners and the Historic Preservation Commission concerning whether paint color/design is within the purview of the Commission to regulate. While I understand and appreciate the hard work the Commission has done over the years to keep the town’s historic nature intact, I find the recent issue and potential litigation over the Tsunami mural distasteful at best and a waste of the city’s resources at worst.

Clearly the rules as written are ambiguous and in the words of Justice Potter Stewart in Jacobellis v. Ohio, paraphrased to whether murals of this sort are “architectural alteration”:

“…I know it when I see it, and the mural involved in this case is not that.”

With all of the problems the City has, especially vis-a-vis the budget, this seems to be a complete waste of time and money. Not only that, additional hurdles to utilization and revitalization of the numerous empty properties downtown are the last thing the city needs. Let’s concentrate on problems that really matter.