August 10, 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-(Via Teleconference)
Lawrence Trask, Treasurer
Bryce Webster, Fire Chief
W. Robert Morris, Code Enforcement Officer
Peter C. Fuller, DPW Superintendent
Carl Caprino, Deputy Superintendent
Laurie Becker, Library Director
The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, August 10, 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.
Joseph Taylor, 25 E. Falconer Street, reported to the board that someone had broken into his shed and stolen some property. Town of Ellicott police were investigating.
Rhonda A. Brown, 31 Cherry Street, spoke regarding the Falconer Farmer’s Market. Mrs. Brown, who has extensive experience in working with the USDA and rural villages, expressed interest in helping to keep the market in the village. She stated that she would be willing to take the lead, however, she would need additional help. She also noted that it may be best to hold off this year and work on a plan to roll the market back out next year. Mrs. Brown stated that she would be willing to draft a letter to current vendors, alerting them of the village’s plan to take a one-year hiatus. Mayor Jaroszynski thanks Mrs. Brown for her willingness to step forward and offer her help.
Mr. Gary Visosky, 7 E. Main Street and owner-operator of the Bellview East Restaurant, addressed the board concerning problematic issues he has observed over the last two months regarding the Budget Inn. He asked the village board to look into it, along with the Town of Ellicott Police, and to again take action to control the issues. He stated; “This is not good for my business.”
Jordan Patterson of the Post Journal, Matt Conklin, 837 Spring Street in Jamestown, and Curt Doverspike, 59 Alleghany in Jamestown, were all present to observe the proceedings
Trustee Steele made a motion, seconded by Trustee Dunn, to approve the minutes of July 13, 2020 Board of Trustee meeting as written. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried.
The chief’s July report was reviewed and noted that the department responded to 43 EMS, 8 cancelled in route, 1 structure fire, 1 public service assist, 4 system or detector malfunction, 3 intentional system/detector operation, 1 accident/potential accident, 1 cover assignment/standby at fire station, 1 controlled burn,1 electrical wiring/equipment problem, 1 rescue or EMS stand-by, and 2 severe weather or natural disaster, totaling 67 calls in July/253:49 personnel hours.
Mutual Aid Breakdown- July
Given: Jamestown-9, Fly Car-0, Kennedy-2, County Fire Coordinators-1, Kiantone-1: totaling 13
Received: Alstar-EMS-0, Jamestown-0, Gerry-0, Kennedy-3, Kiantone-1, Fly Car Assist-4, County Coronor-0: totaling 8.
Chief Webster reported to the Board that he had not responded to the County’s request of a Letter of Support for County EMS Service. He noted that he had concerns that village residents may be billed for EMS services if the county responds to village calls. Currently, residents are serviced free by the Village’s volunteer EMS service. He went on to say that the county service would be good for smaller communities without their own volunteer service. Trustee Steele voiced his support of the county service saying that he feels the village should support it.
The fire department received notice that it was awarded $125,238.10 for replacement of the department’s air packs. Older air packs will be put out to auction.
The department also received notice from the NYS Department of Environmental Conservation that they were awarded $1500 (up to) matching grant to assist the fire department in the purchase of wildland firefighting equipment.
The July code officer report was reviewed with. Code Officer Morris noted corrections to the number of YTD building permits issued, dating back to May 2020. The corrected YTD total is reflected in the following summary: It was noted that 14(53-YTD) -$410.00 ($1,136.00-YTD) building permits were issued, 0 (0-YTD) building inspections were performed, 10 (14-YTD) certificates of occupancy were issued, 1 (6-YTD) certificates of compliance, 20 (202-YTD) phone calls/personal contact/emails were addressed, 4 (43-YTD) complaints received/actions taken, 3 (19-YTD) notices of violations mailed, 1 (5-YTD) notice of violations resolved, 0 stop work order issued, and 0 stop work order resolved. The documented YTD building permits issued were corrected as follows: May 2020 -13 (21-YTD) and June 2020—18(39 YTD).
CEO Morris reported that he completed Part C of the NYS code enforcement classes last week. Part D will start 8/24/2020.
Treasurer Trask questioned whether or not two signs recently located in the village had been permitted; one along Davis and East Everett Street and the other at S. Work and East Elmwood. CEO Morris noted that he was unaware of the signs and that they were not issued permits. He said he would follow up on them.
Department of Public Works
The DPW report was reviewed for the period July 13, 2020-August 9, 2020.
Superintendent Fuller reported that street patching was nearly completed, the DPW is working on storm drains, Mr. Fuller also made note that the video of the vandals who damaged one of the new camera’s in Falconer Park was submitted to the TOE Police. There was an issue with a plugged drain in the Exempt clubhouse which resulted in minor damage. The area has been cleaned and demolded.
Treasurer Trask stated that the Exempt’s Clubhouse is in need of paint and some refurbishing. He asked Superintendent Fuller to get necessary price quotes for the needed repairs.
Mayor Jaroszynski presented Superintendent Fuller with a Certificate of Recognition for his 39 Years of Outstanding Service to the Village. Mr. Fuller began his career with the DPW in 1981 and has since served the village as a Motor Vehicle Operator, Deputy Street Superintendent and as the DPW Superintendent since October 2016. Mayor Jaroszynski thanked Mr. Fuller and went on to say that he will be greatly missed for his true dedication to the community. Mr. Fuller’s wife, Jane along with his daughter Karen and her husband Roger and Mr. Fuller’s son, Matthew were all in attendance for the recognition ceremony.
Mr. Fuller and Carl Caprino, were then each presented Certificates of Recognition from NYCOM (New York Conference of Mayors) for their 35 years and 25 years, respectively, of service to the village.
The July library report was reviewed. This month the library received $35.00 (copies), $5.00 (fines), $751.00 (Book Sales), $305 gifts & donations, and $1,196.84 (Walrod Fund/CCLS Reopening Grant).
Resolution # 21-2020-Trustee Dunn made a motion, seconded by Trustee Steele, to approve the appointment of Brandon Caruso to the Library Board. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried. Mr. Caruso will replace Carol Peterson who retired from the board prior to the COVID-19 pandemic.
On behalf of the library Board and staff, Mrs. Becker thanked Mr. Fuller for all his help and assistance throughout the years.
Mr. Peterson reported that the final disposition hearing for the Goodwill case is scheduled for August 18th in the TOE court.
A copy of a title search of the Patrick Falconer properties, which was signed by William Falconer and dates back to 1860, was given to Mrs. Becker by Mr. Peterson for the Historical office.
Mr. Peterson noted that he will work with the Village in taking civil recourse for the damage to the park cameras.
Trustee Steele noted that he had trapped 2 cats on Mapleshade Avenue and that more feral cats are in the area so he will continue trapping. The two captured animals have been spayed/neutered, clipped and released.
An incident in the library this week is being addressed. The responsible individual has been identified on the library camera system. Appropriate action will be taken.
Home Leasing is seeking NYS funding for their Falconer Square Project.
Treasurer Trask reported that the FY 19/20 closing is complete, the AUD was completed and has been filed with NYS, and the reserve accounts have all been made whole.
The 1st quarter sales taxed check was received in the amount of $74,198, which is approximately 11% below the 1st quarter of last year. Mr. Trask will continue to monitor the trends caused by the COVID-19 crisis.
New camera equipment has been installed along with protective cages to deter vandalism.
Pine Hill Cemetery:
Will be hiring a laborer to assist with trimming and maintenance.
Planning & Zoning:
A planning board meeting will be scheduled for tomorrow evening final review prior to requesting Village Board approval.
Resolution #22-2020-A motion was made by Trustee Dunn, seconded by Trustee Steele, authorizing the Mayor to sign a letter which indicates the approval of an 18-month extension of the original, February 10, 2020, Falconer Square Site Plan approval. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried. The Site Plan extension is a requirement for the NYS funding application.
Resolution#23-2020-A motion was made by Trustee Dunn, seconded by Trustee Steele, to amend Resolution #22-2020, to specify that all Village approvals relating to the Home Leasing Falconer Square Project be extended until February 10, 2022, as required by the funding application. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried.
At the July 28, 2020 meeting of the Zoning Board of Appeals, a use variance was granted to Lyndon Development LLC of Falconer for the purpose of operation of a trailer, truck and equipment repair facility, 160 Harmon Avenue, Falconer, NY, contrary to Section 134-7A. Property also known as tax map #: 371.12-12-4.1, was approved with no additional conditions.
Resolution #24-2020-A motion was made by Trustee Gustafson, Seconded by Trustee Reynolds, to appoint Holly Hannon to the Zoning Board of Appeals, effective August 11, 2020. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried.
- The Community Building reopened to the public today. Social distancing guidelines are in place and employees are being given the Reopen Falconer Plan. Managers are to review it with their staff. The Village completed all NYFORWARD requirements.
- The Exempt’s building remains closed per Superintendent Fuller.
- The Fuel Hub changeover is on hold awaiting information from the county.
- The Village is now a member of the EAP (Employee Assistance Program). Employees and volunteers will receive membership communication from the village clerk’s office.
- Both the library and the fire department applied for funds through the Falconer Region Community Foundation and the Chautauqua Region Community Foundation for their department projects.
- Superintendent Fuller reported that he has received word from the NYS Regional Director that CHIPS funding will be paid at 100% this year, not at the 80% originally projected due to COVID. Mr. Fuller said that he is in the process of planning additional street projects to utilize most of the Village’s remaining, approximately $20,000, of CHIPs funds.
Resolution#25-2020-A motion was made by Trustee Dunn, seconded by Trustee Gustafson, to authorized the Village Board to act as Lead Agency for the SEQR Process in relation to the Village Zoning Code Update as detailed in the email written by Andy Martin of Ingall’s Planning & Design Company, dated August 5, 2020. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried.
Resolution#26-2020-A motion was made by Trustee Dunn, seconded by Trustee Steele, to authorize the Mayor to draft & sign a Letter of Support for the Home Leasing Falconer Square Project and the NYS Homes and Community Renewal Summer 2020 funding application. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried.
Resolution#27-2020-A motion was made by Trustee Dunn, seconded by Trustee Gustafson, to authorize Mayor Jaroszynski to sign a combined Letter to Congress and to the Surface Transportation Board, as written by Go Rail, and forwarded to the village in an August 4, 2020 email. The letter marks the 40th anniversary of the enactment of the Staggers Rail Act and to urge the Federal Surface Transportation Board to maintain the balanced economic framework and to ensure that no actions taken by the board undermine the freight railroads ability to reinvest in the rail network. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Abstain, and Jaroszynski: Aye. Nays: None. Carried.
Mayor Jaroszynski read a note of thanks received from Mr. Robert Ortendahl, for Mr. Fuller’s assistance in realigning his father’s gravestone in Pine Hill Cemetery.
Motion: It is moved by Trustee Dunn and seconded by Trustee Steele that Abstract #3, General Fund in the amount of $ 37,487.21 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 #3, Cemetery Fund in the amount of $ 747.00 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 #3, Library Fund in the amount of $ 1,415.23 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 #3, General Fund Hand Items in the amount of $ 38,742.52 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 Reynolds, to adjourn into executive session at 8:25 pm to discuss real property. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried
Anna Fales, Village Clerk