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July 13, 2020 Regular Meeting

Mayor James M. Jaroszynski
Trustee J. Michael Steele
Trustee Timothy Dunn
Trustee Alan Gustafson, Jr.
Trustee Kipp Reynolds

Gregory Peterson, Attorney
Anna L. Fales, Village Clerk
Lawrence Trask, Treasurer
Bryce Webster, Fire Chief
W. Robert Morris, Code Enforcement Officer
Peter C. Fuller, DPW Superintendent
Carl Caprino, Assisstant Superintendent
Laurie Becker, Library Director

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, July13, 2020 at 7:00 P.M. in the Falconer Public Library with Mayor James Jaroszynski presiding. All COVID-19 protocols were followed.

Pledge of Allegiance & Roll:

Trustee Steele, Trustee Dunn, Trustee Gustafson, Trustee Reynolds and Mayor Jaroszynski were all present.


No visitors were present.


Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the minutes of June 8, 2020 Board of Trustee meeting as written. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Fire Chief

The chief’s June report was reviewed and noted that the department responded to 49 EMS, 12 cancelled in route, 1 structure fire, 1 medical assist, 1 system or detector malfunction, 1 combustible/flammable spills& leaks, 1 cover assignment/standby at fire station, and 1 chemical release, reaction, or toxic, 1 fire-other, 1 public service assistance and 2 smoke/odor problem, totaling 71 calls in June/300:44 personnel hours.

Mutual Aid Breakdown- June
Given: Jamestown-19, Fly Car-6, Kennedy 0, Gerry-0, Frewsburg-2: totaling 27
Received: Alstar-EMS-0, Jamestown-0, Gerry-0, Kennedy-1, Stat Med Evac-0, Fly Car Assist-4, County Coronor-0: totaling 5.

Chief Webster reported to the Board that he is getting prices to upgrade 19-year-old computer as the last phase of the upgrade file retention/backup for firehall. The chief noted that the fire department applied for a Wildfire grant for the purpose of purchasing additional brush fire equipment, if awarded.

The fire department is building a list of their surplus equipment to be sold or auctioned.

Trustee Steele inquired if there was any update from Jamestown regarding and EMS agreement? Chief Webster responded that he has not had any communication with the City regarding EMS, however he is aware that the City is seeking proposals for EMS services.

The plan is to open the fire hall and exempts hall in August.

Code Enforcement

The June code officer report was reviewed. It was noted 18(47-YTD) -$410.00 ($735.00-YTD) building permits were issued, 0 (0-YTD) building inspections were performed, 9 (13-YTD) certificates of occupancy were issued, 4 (5-YTD) certificates of compliance, 35 (182-YTD) phone calls/personal contact/emails were addressed, 10 (39-YTD) complaints received/actions taken, 6 (16-YTD) notices of violations mailed, 2 (4-YTD) notice of violations resolved, 0 stop work order issued, and 0 stop work order resolved.

CEO Morris reported that he began part B of the NYS code enforcement classes this week.

Department of Public Works

The DPW report was reviewed for the period June 8, 2020-July 12, 2020.
Superintendent Fuller stated that the DPW CHIPS fund was $105,000 but due to COVID-19, it was estimated that CHIPS could be cut by as much as 20% this year. With this in mind, the DPW estimated that they could spend $84,000 on street paving this year. Mr. Fuller reported that he was able to save an additional $10,000 upon completion of Mapleshade and Mason Street projects.


The June library report was reviewed. This month the library received $20.00 (copies), $25.00 (Book Sales), $565 gifts & donations, and $10,000 (Anderson/Rosch Grant).

The Falconer Public Library began “curbside service” on June 4, 2020 after being closed due to COVID-19 for 10 weeks. Patrons were able to schedule appointments for the library staff to deliver the items out to vehicles with no contact. Returned materials were cleaned and quarantined for 72 hours. One hundred and forty-seven patrons used this service in June.

One June 22, 2020, the library had a soft opening. Staff and patrons followed strict social distancing and softy procedures.

On June 29, 2020, the FPL kicked off the Summer Reading Program, Imagine Your Story. This year, the summer reading program is offered online as well as in person.

The Annual Book Sale will be converted to an online, on-going sale to support the library this year, rather than the summer book sale traditionally held in August. The July summer concert series in Davis Park has also been cancelled due to COVID-19.



Mr. Peterson noted that he received a class action letter from a Pharma Co. He inquired whether or not the village or Fire Department has done business with this company. Chief Webster stated that he would research.

Brenda Goodwill has a contract for the sale of her Park Street home. No closing date has been discussed.

Animal Control:

The June 2020 animal control report was not reported was not submitted; however, the Chautauqua County Humane Society 2nd Quarter billing was received. The village was charged for 2 boarded dogs for 5 days at a rate of $15.00/day, totaling $150.00. There were 3 – DL-18’s processed at $5.00 each, totaling $15.00. The totally billing for the 2nd quarter of 2020 was $165.00.

One feral cat complaint was received from Cathleen Gray and will be addressed by Trustee Steele.

Downtown Development:

Elite Creations announced on Facebook that they were coming back to Main Street in Falconer with U-Haul, Fed-Ex and some additional services. No opening date was noted.


Trustee Dunn made a motion, seconded by Trustee Steele, to approve the FY19/20 Budget modifications, transfers and year-end closing as written in Treasurer Trask’s summary report dated 7/3/2020 (attached).

It was noted by Mayor Jaroszynski that County Executive PJ Wendel reported that sales tax year to date is down about 3.6% and cautioned that due to COVID-19, there is uncertainty of what the virus’s effect will be on the next quarter’s sale tax revenue.


Superintendent Fuller reported Town of Ellicott police were called when a group of people broke the lock on the park gate to gain access into the park to hold a wedding.

Planning & Zoning:

A copy of the proposed revisions to the Village’s Building/Zoning Schedule of Fees was distributed for board review. A Planning Board meeting will be scheduled for final review prior to requesting Village Board approval.

Old Business:

Trustee Gustafson is continuing to work on the village website.

New Business:

Attorney Peterson said that after further review, a new local law will be needed to approve the updated NYS Fire Prevention & Building Code. He noted that if the village wanted to move forward this evening, the Board would need to pass a motion to hold a public hearing, otherwise, the village can hold off and include this new local law as a part of the updating village code and zoning updates should be ready in the Fall of 2020.

The board agreed to have Mr. Morris mark up the changes for revision to be addressed at a later meeting.

Trustee Steele made a motion, seconded by Trustee Dunn, resolving to approve that the village join the Employee Assistance Program through Family Services of the Chautauqua Region, at a cost of $200.00/year, which will provide each Village employee/volunteer up to 5 visits/per year. The program also provides the Village with up to 4 employee group or individual training sessions per calendar year. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried

The Village has hired Brenton Yager to replace Carl Caprino as a motor vehicle operator in the DPW. Brenton will begin his employment with the village on August 3, 2020.

Mayor Jaroszynski told the Board that he and Superintendent Fuller are reviewing the possibility of shutting down the Village Fueling Station in favor of a contract with Chautauqua County to fuel all village equipment. The mayor noted that most other government organizations, including the town of Ellicott and Falconer Central School utilize the county fueling station, located off of N. Work Street in the village. Mr. Fuller said the village fuel tanks are currently about 30 years old and that the cost of one spill could be very costly to the village. By utilizing the County, the village would no longer have to maintain their own fueling station and the County would be able to provide the village with detailed usage documentation/tracking. The cost per year to the village to use the County fueling system was estimated by Superintendent Fuller to be about $600/year based on the current fuel usage. The County charges .05/gal above the state bid price for regular gas and an additional.10/gallon for diesel.

The village may also be able to sell the existing fuel tanks as they are still in good condition.

Mayor Jaroszynski noted that there will be one open Trustee position in the November election. As an appointed member of the Board, Trustee Reynolds will have to run in the November election if he wishes to retain his position.

Clerk Fales remined the board there are still open positions on the planning and zoning boards.

Chief Webster requested the board set up an “Emergency Relief Fund” for unexpected situations such as the COVID-19 pandemic. He noted that the fire department has already spent approximately $3,600.00 of unbudgeted funds for COVID-19 supplies and equipment. Treasurer Trask recommended that instead of setting funds aside for a single purpose, the village should use surplus funds, if needed.

Chief Webster requested approval from the Board to extend the “school zone from 1000 feet in any direction to extend to Central Avenue to the east of the school as part of the Falconer Central School Disaster Plan. The board felt that approval for such a request should first be posed to the School and Town of Ellicott Police.


Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the Village of Falconer “Essential Employee List” as written and dated 7/10/2020. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried

Falconer Central School sent letter’s of thanks to the Falconer Fire Department and the Village for support of their Senior Class Car Parade.

A copy of the BPU water report was received from Becky Robbins and the report has been posted in the lobby for when the offices re-open. A copy can also be requested to be sent via mail or email if there are any interested residents.

Mayor Jaroszynski stated that the Village offices will reopen as soon as all of the safety equipment and supplies are in place. Many items are unavailable or on backorder and the window of Clerk/Treasurer’s Office has not yet arrived. In the meantime, residents in need of assistance may call the village for an appointment. The village staff will be available to address their needs by appointment.

At this point, safety plans have been written are under final review. Board members should review the plans and make note of any needed revisions. Chief Webster has been unofficially assigned the position of COVID Coordinator by the mayor.

Treasurer Trask reported that he established a credit card at Home Depot on 7/9/2020, for use by the DPW Supervisors, Chief Webster and Larry Trask, with a credit limit of $1500.00 for each department to be used for Village equipment/supplies.

Superintendent Fuller said that the DerKobbler’s Club would like to hold a car show over Labor Day along Main Street between Work in Alberta, to accommodate social distancing requirements. The Board agreed that they liked the idea but would need a plan from the club and further guidance from the State regarding COVID restrictions.


Motion: It is moved by Trustee Dunn and seconded by Trustee Steele that Abstract #2, General Fund in the amount of $ 320,049.47 be approved for payment. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried

Motion: It is moved by Trustee Gustafson and seconded by Trustee Reynolds that Abstract #2, Cemetery Fund in the amount of $ 3,274.90 be approved for payment. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried

Motion: It is moved by Trustee Reynolds and seconded by Trustee Gustafson that Abstract #2, Library Fund in the amount of $ 1,800.53 be approved for payment. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried

Motion: It is moved by Trustee Steele and seconded by Trustee Dunn that Abstract #2, General Fund Hand Items in the amount of $54,062.59 be approved for payment. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried

Adjourn to Executive Session

Trustee Steele made a motion, seconded by Trustee Gustafson, to adjourn into executive session at 8:41 pm to discuss a personnel related issue and real property. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried

Respectfully submitted,
Anna Fales, Village Clerk