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Village Board Addresses Digital Signs

By Derek M. Otto

The Springville Village Board held its regular meeting on Feb. 6.  After formalities of opening the meeting,  the board of trustees began with a public hearing on chapter 125.5 revisions to Local Law No. 1—relating to the Park and recreation facilities and a public hearing on Chapter 200 revisions.

The revisions to 125.5 were more editorial in nature and included Eaton Park (tennis courts and Spray Park) to the law and set limits on the extension of Rails to Trails as 1.8 mile of the trail through the Village of Springville.  It also changes the wording of park closing times “from 10 p.m. and 6 a.m. daily” to “at the times to be posted at each location as determined by resolution of the Village board.”   

Continuing with public hearings, the planning board and trustees have been working on regulations and requirements for the ever-increasing digital sign craze.  Chapter 200 revisions and recommendations to the trustees from the planning board deals with those recommendations. Code enforcement officer Mike Kaleta presented the changes: First, to add definitions of “sign, digital as any programmable sign capable of displaying or projecting words, symbols, figures or graphic images that can be altered or rearranged by remote or automatic means resulting in nonstationary messages or images…Such signs typically use LED, plasma or LCD or other illumination to produce the characters and graphics of the display.”

Second was: “Chapter 200 section 34 that change the code to Permanent Variable Copy Digital Signs: Section A, Are allowed in a CIP district and required by another regulation.”

Kaleta pointed out “another regulation” would be an instance like gas stations where they are mandated to display gas prices.  In some instances, the changes of price is changed off site or even by satellite controls.  “Section B, Shall be co-located on the freestanding business sign. May be only free standing sign when no free standing business sign exists.

Section C, Maximum size of 32 square feet.  Unless restricted by another section of Chapter 200.

Section D, Height and location requirements must meet requirements set forth in 200-31 and 200-32.

Section E, Advertising of business or uses that are not located on that property is prohibited.

Section F, No sign or part thereof or its lighting or design shall create a traffic hazard or a nuisance or be unreasonably detrimental to adjoining or neighboring properties.”

Kaleta gave an example of signs that may have blinking red dots near a traffic light as something that could distract motorists and therefore create a hazard.

Section G, Only one sign shall only be allowed per developed property.

Kaleta also noted that only a regular permit would be needed for digital signs and could also be included in the site plan.

Also as part of the revisions was to add to Chapter 200 section 35 Portable, Moveable and Temporary signs to add Part 14 Type N, feather and flag type signs: (a) Sign Area: Maximum 8’ tall and 2.5’ wide flag area with a maximum height being 12’, (b) Quantity: one per business, (c) Duration: during business hours, (d)Zoning: Allowed on all nonresidential properties in all districts, (e)Location: Must remain outside of the right of way of the street on the property the business is located. Exception B1 district may be allowed between the curd and the sidewalk. All must not interfere with pedestrian or vehicular traffic.

Trustee Alan Chamberlain raised the question about the use of Boys Scouts flag holders being used for such signs.  It was agreed that since the business owners already pay for the holders, it was between the Scouts and the business owners.  Mayor Krebs furthered by saying that it would be a different situation if the business owners damaged sidewalks or other public property.

The last part of this recommendation hearing was to add language to “Chapter 200 Section 8 Part 1 Retail Overlay district, Section C, Permitted uses (1) to read as follows; (1) Dwelling units within nonresidential buildings. Provided that the total number of dwellings shall not exceed that which is permitted the applicable underlying district.”

After the hearings on the proposed recommendations, the meeting to move to public comment, to which there was none and then to department reports.

Village Administrator Liz Melock asked the trustees to approve the scheduling of the public hearing on an override tax cap for next Village Board meeting on Feb. 21, 2017. The override would raise the tax 1.0023 percent to help with debt burdens related to various projects costs.  The board motioned and approved the scheduling of that public hearing as well as the 2017/2018 Village of Springville budget to be on Monday, March 6, 2017.    

Melcok also asked the board to approved both Local Law Chapter 125.5 and Local Law Chapter 200 Digital signs the motion was made and passed. Melock reminded the board of the Solar Power meeting with the Town of Concord on Feb. 7, 2017. She then reported on the bid that came in on the demolition costs for 110 South Central Avenue. Of eight bids, the lowest came in at $23,805, with the highest being $33,610. The lowest bid came from Metro Contracting and Melock noted they had the necessary asbestos certifications needed for the work.  Their bid included demolition, removal, top soil and reseeding.

Kaleta reminded the board that the house had been in ill repair for more than five years and the engineering report determined the structure “not to survive another winter.” The board motioned and approved the bid.

Ken Kostowniak gave the Superintendent’s reports. He first reported on the bathroom bid for the Heritage Park.  Of 10 packages sent out, only one came back from Lakeland Construction Products of Lima, NY.  The bid was for $37,800, close to what he had expected the amount to be. The prefabricated bathrooms will have two bathrooms and a locked storeroom in the front. The bathrooms are guaranteed to last many years and will have time controlled doors to limit vandalism and vagrancy.  The board approved the bid.

Kostowniak also asked the board to allow for the selling, recycling or other means of surplus and retired goods for the DPW.   Trustee Terry Skelton asked if anything would “come back to bite us.”  Kostowniak said that the items were out dated and were taking up a lot of space; he assured that items would not.   The board approved the removal of surplus goods.  He then asked the board that after the state audit it was noticed that we use only one style of decorative light pole in the village and it is manufactured by only one company, King Luminaire.  He asked that this item be removed from the bidding process and the King Luminaire would be the “got-to-go” to vendor for our light poles.  The board approved this with concerns that if price all of sudden become unreasonably inflated, that the village would look to other avenues for light poles.

He then gave a report on 65 Franklin Street; there still are no trucks and he is hopeful that this could happen this month.   

Related to that, the village will be compensated for fire truck rental by the contractor and asked that the village pay MKS plumbing an additional $440.00 for minor plumbing including a 2-inch waterline and the relocation of other waterlines in the fire bays.  The board approved his request.

Officer-in-Charge Nick Budney gave the police department report, asking that the village pass a resolution for the Springville Police Dept. to use Language Line, a translation service offered by AT&T. It charges $0.75 a minute for use.  Currently, the SPD has no service and in emergency has had to use the Erie County Sheriff Office.  This service would only cost what is used as opposed to other service that can cost upwards of $60 an hour.  The SPD has had incidents were a translator was needed and it’s important when Mirandizing suspects.   

Budney also reported that his department responded to 150 calls, served 44 summons and made one arrest, and that the Erie County Sheriff’s office responded to 428 calls. Budney has also been meeting with the Erie County Sheriff’s Office about contract negotiations.    

Mayor Krebs asked that the board approve the Control Center Minutes of Jan. 9, 2017.   He noted that the control center has had an increase in calls by 50 percent, due to the efficiency of the center and to the working with Mercy Flight.   He also advised that the Administration Board asked that they meet once every other month as opposed to the current once a month meeting.   

The regular meeting closed with Mayor Krebs asking the board to approve the Community Development Committee (CDC).   As suggested in the Springville Comprehensive Plan of 2014, the CDC will facilitate resident input in implementing and prioritizing the goals and projects of the Village of Springville.   The CDC would be composed of the mayor, a trustee and three community members.   The committee is advisory and would have subcommittees to address certain projects.   The committee would meet at least twice a year (in May and December) with subcommittees meeting at different times. The board approved the creation of the CDC.

Due to the President’s Day holiday, the next meeting has been moved to Tuesday, Feb. 21, at 65 Franklin Street.  This includes the public hearing on the tax override. The public hearing on the 2017/2018 budget is Monday, March 6, 2017 at 7 p.m. at 65 Franklin Street.

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