September 13, 2021 Regular Meeting

Mayor James M. Jaroszynski
Trustee Timothy Dunn
Trustee Alan Gustafson, Jr.
Trustee Anthony Cavallaro
Trustee Annette Miller

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
Eric Yager, Fire Chief
Anna L. Fales, Village Clerk

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, September 13, 2021 at 7:00 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding.

Pledge of Allegiance & Roll

Trustee Dunn, Trustee Gustafson, Trustee Cavallaro, Trustee Miller, and Mayor Jaroszynski were present.

Visitors:

Nina Gustafson, President of the Falconer Rotary Club, Sandy Thies, Falconer Street, Marlana Hitchcock, 4075 Dean School Road, and Bruce Rockwell, 13 Lindsey Avenue, were all in attendance for the public hearing and board meeting.

Public Hearing-Proposed Local Law #2-2021-Opt-Out Cannabis Dispensaries and Onsite Consumption Establishments

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to open the public hearing at 7:05 pm. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Mayor Jaroszynski read the Legal Notice as printed in the Jamestown Post Journal on August 28, 2021.

LEGAL NOTICE
VILLAGE OF FALCONER, NY
COUNTY OF CHAUTAUQUA

Notice is hereby given that a public hearing will be held by the Village Board of Trustees of the Village of Falconer, New York, on September 13, 2021, at 7:00 p.m. in the Firemen’s Exempt Hall, 2 Coleson Drive, Falconer, NY, for Proposed Local Law #2-2021, with respect to the following matter:

Proposed Local Law No. 2 of 2021

A proposed local law pursuant to Cannabis Law § 131 opting out of licensing and establishing retail cannabis dispensaries and/or on-site cannabis consumption establishments within the Village of Falconer.

Section 1. Legislative Intent

It is the intent of this local law to opt the Village of Falconer out of hosting retail cannabis dispensaries and/or on-site cannabis consumption establishments within its boundaries.

Section 2. Authority

This local law is adopted pursuant to Cannabis Law § 131, which expressly authorizes the Village of Falconer to opt-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries.

Section 3. Local Cannabis Retail Dispensary and/or On-Site Consumption Opt-Out

The Board of Trustees of the Village of Falconer, County of Chautauqua, hereby opts-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments from locating and operating within the boundaries of the Village of Falconer.

Section 4. Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date

This local law shall take effect immediately upon filing with the Secretary of State. Pursuant to Cannabis Law § 131, this local law is subject to a forty-five (45) day (October 28, 2021) permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or a referendum has been conducted approving this local law (No. 2-2021).

By order of the Board of Trustees of the Village of Falconer, New York.
Dated: August 27, 2021
Anna L. Fales, Village Clerk

Mayor Jaroszynski opened the floor to public comment. Bruce Rockwell, suggested the village should opt-in, not opt-out, so that the tax dollars would remain in the village. Marlana Hitchcock, stated that the village should opt-out. She said that there are too many drugs already. It is not a good idea to bring dispensaries and consumption sites into the village. Sandy Thies also requested the village opt-out, noting that the village has enough on its hands in Falconer.

Clerk Fales noted that during the work session, responses received from residents who contacted the clerk’s office were read to the board. None of the respondents were in favor of opting-in for either retail dispensaries nor on-site consumption establishments.

Trustee Dunn made a motion, seconded by Trustee Gustafson, to close the public hearing and return to the regular board session at 7:11 pm. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Parliamentary Procedure

SOCIAL DISTANCING PRACTICES WILL BE STRICTLY FOLLOWED AND MASKS ARE REQUIRED. VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE CHAIR. THIS IS NOT THE PLACE OR TIME TO CONDUCT A DEBATE WITH ANYONE. IT IS A MEETING TO DELIBERATE AS THE MAYOR AND BOARD OF TRUSTEES TO TRANSACT THE BUSINESS OF THE VILLAGE. ALL REPORTS, REQUESTS, IF NECESSARY, WILL BE SUBMITTED TO THE RESPECTIVE COMMITTEE OR COMMISSION FOR FURTHER STUDY, INFORMATION GATHERING AND RECOMMENDATIONS. ALL CORRESPONDENCE RECEIVED HAS BEEN PLACED WITH THE TRUSTEES AND IS ON FILE.

Visitors:

Steve Cybart from the Falconer American Legion, Henry Mosher Post No. 638, was in attendance for the regular meeting to discuss the Post’s plans to hold an Octoberfest event in the village on October 2, 2021. Following Mr. Cybart’s presentation, there was a brief discussion.

Trustee Cavallaro made a motion, seconded by Trustee Gustafson, to authorize Homestead Street between W. Main Street and W. Falconer Street, be closed from 9 am-9 pm on October 2, 2021, for the Falconer American Legion to hold an Octoberfest event. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried. Trustee Miller, as the parks liaison, will work with the Legion on any needs for the event.

Minutes

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the August 9, 2021 work session meeting of the mayor and board of trustees, as written, Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the minutes of the August 9, 2021 regular meeting of the mayor and board of trustees, as written. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Fire Chief

The chiefs August report was reviewed and noted that the department responded to 69-EMS (417-YTD), 4-structure fire (12-YTD), 1-truck fire (9-YTD), 2-trees down (2-YTD), 5-fire alarms (29-YTD), 5-MVA (13 YTD), 1- lines down (I-YTD), 3 lift assist (5-YTD) and 9-flooded basements (9-YTD), 1-stand-by (1-YTD), 1-CO Alarm (5-YTD), totaling 86 calls (565-YTD) as reported in August.

Mutual Aid Breakdown- August

Given: Jamestown-20 (74-YTD), Frewsburg-9 (57-YTD), Kennedy-2 (11-YTD), Kiantone-2 (4-YTD), Gerry-2 (4-YTD), Fluvanna-1 (2-YTD), and Alstar-l (2-YTD): totaling 37 (157-YTD). 

Received: Medic 74-7 (40-YTD), Kennedy-3 (20-YTD), Frewsburg-1 (2-YTD), Fluvanna-0, Gerry-3 (6-YTD), Coroner-0, Kiantone-0 (2-YTD), Alstar-l (12-YTD), Stat Medivac-l (1-YTD), and, Jamestown-0: totaling 16 (85-YTD).

Mayor Jaroszynski directed Chief Yager to alert the Chautauqua County Fire Commissioner of what is taking place in Frewsburg and of the concerns of this board.

Trustee Cavallaro made a motion, seconded by Trustee Gustafson, to accept Hunter Teboe for membership into the Falconer Volunteer Fire Hose Company. Mr. Teboe has successfully completed all requirements and is already enrolled in basic EMT training & is a certified diver. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

The board considered several recommendations and corresponding cost from the Fire Advisory Board regarding increased insurance coverage from Utica Insurance. The fire department is currently undervalued insurance-wise. Several suggested recommendations were listed in a memo dated, September 7, 2021 from Hannah Hayes of Great Lakes Insurance. The Fire Advisory Board’s final recommendations, from their meeting on

9/8/2021, were highlighted and submitted to the Village Board for approval.

Total annual premium cost increase – $2627.00

Treasurer Trask is in full agreement with the recommendations, however he noted that the 21/22 budget cannot be changed. The funds will have to be reappropriated from another line item.

Trustee Cavallaro made a motion, seconded by Trustee Dunn, to accept the Utica Insurance changes as recommended by Great Lakes Insurance and the Fire Advisory Board on the document dated 8/7/2021. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

A brief discussion regarding fire truck maintenance took place and was tabled pending recommendations from the fire advisory board.

Code Enforcement

The August code enforcement report was not available. Mayor Jaroszynski noted that Mr. Gustafson is still acting as the interim code officer. One applicant has been chosen to be interviewed for the code position.

Department of Public Works

The DPW report was reviewed for the period August 9, 2021-September 9, 2021. The air-conditioner in the fire hall had to have a fan and motor replaced. The drinking fountain in the fire hall is still out of order due to difficulties in locating the drain blockage.

Contactor quotes on the Community Building parapet repair are due in sometime this week.

A brief discussion was held regarding the replacement of the waterline to the recreation building at Falconer Park. Mr. Caprino noted that the pipe runs between the tennis court and basketball courts which, when replaced, may cause a disruption with either youth baseball or youth football, depending on the season. He also noted that the work will be handled in house, using in-kind services.

Trustee Miller gave a brief update on the proposed dog park. The project is in the beginning stages. The Falconer Rotary Club will act as lead agency and currently has about $2,200 to help fund the project. A location, other funding sources and project costs are the initial priorities of the committee.

Library

The August library report was reviewed. This month the library received $100.00 (copies/fax), $14.00 (fines), $86.00 (Book Sales), $3,093.00 (Summer in July Book Sale), $339.98 (gifts & donations), and $1067.45 (other).

Mrs. Becker reported that the summer reading program was a phenomenal success this year, thanks to the generosity of the Davis and Abigail Rexroad of State Lanes Bowling Company and Brian and Kay Nelson of the Vac Shop. Their donations of bowling balls and bikes created a lot of excitement amongst readers of all ages. Twenty-nine children participated and they read 13,650 minutes. Story-Hour will begin on September 15^th under the direction of Ashley Nelson.

Trustee Gustafson made a motion, seconded by Trustee Miller, to accept Maree Dunn’s letter of resignation, effective September 10, 2021, with regret. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

The Library Board is scheduled to meet on September 23, 2021 at 8:00 am.

Committees:

Legal:

Mr. Peterson submitted for board approval two First Amendment Purchase and Sale Agreements, by and between the Village of Falconer and Home Leasing, for Board consideration. The purpose of the Agreements is to extend Home Leasing’s options to purchase the Davis Street parking lot and the two West Main Street properties as they relate to the proposed Falconer Square project. Mr. Peterson recommended the Board pass both Agreements.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to accept the First Amendment to extend Purchase and Sale Agreement for properties located at 29-31 & 33-37 West Main Street, through January 31, 2023, with an Extension Fee of $1.00, to be paid to the Village of Falconer. It is further approved that the mayor be given full authority to execute said agreement as and approved. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Trustee Dunn made a motion, seconded by Trustee Miller, to accept the First Amendment to extend Purchase and Sale Agreement for Davis Street Parking Lot, through January 31, 2023, with an Extension Fee of $1.00, to be paid to the Village of Falconer. It is further approved that the mayor be given full authority to execute said agreement as written and approved. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Mr. Peterson submitted the DEC/Ellison Bronze Permit and Modification #1 adding the Village of Falconer to the Moon Creek Stabilization Project. Mr. Peterson noted that Patrick Falconer deeded the east side of the Moon Brook Creek bank to the Village of Falconer back in 1910 and therefore, the Village must join as a legally responsible party.

Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the contractors from Ellison Bronze to access the village owned east bank of Moon Brook Creek to perform necessary work to remediate the easterly corner of the Ellison Bronze facility building and stabilize the bed and banks of Moon Creek, in compliance with all permit conditions as listed in the DEC New Permit No. 9-0638-0065/02002, dated August 6, 2021 and Modification #1, dated August 10, 2021 between the DEC, Ellison Bronze and the Village of Falconer. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

RESOLUTION #47-2021

Trustee Dunn made a motion, seconded by Trustee Cavallaro, with careful consideration of all public comments submitted to the Village, resolve to approve Local Law# 2-2021- Pursuant to Cannabis Law 131 opting out of licensing and establishing retail cannabis dispensaries and/or on-site cannabis consumption establishments within the Village of Falconer, as written and presented in the Public Hearing portion of this meeting. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Public Safety:

The school crossing is going well. There have been no applicants for the position. Town of Ellicott police continue to monitor traffic during each crossing.

Finance:

The Treasurer and Clerk will be away at NYCOM conference September 19^th-the 24^th. During this period, Brenda Cavallaro will open the office M-T-W-F from 1 lam-I pm and TH from 1-3 pm.

Mr. Trask reported that he recently cancelled the Home Depot credit card. A new commercial account will be established to replace the old card.

Old Business:

RESOLUTION #48-2021
Chautauqua County Snow Removal and Ice Control Agreement (21-25-13E) — October 1, 2021- April 30.2024

Trustee Dunn made a motion, seconded by Trustee Miller, resolving to approve the revised Chautauqua County Snow Removal and Ice Control Agreement (21-25-13E), dated August 24, 2021, as written. It is further resolved that the mayor be authorized to execute said agreement on behalf of the Village, as written. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

New Business:

Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the Falconer Central School Homecoming Parade and Bonfire, to be held on Thursday, October 7, 2021, beginning at 6:15 pm. It is understood that the school will be responsible to follow all COVID guidelines in effect at the time of the event. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

The Board was reminded that due to the observance of Columbus Day, the October meeting(s) of the Mayor and Board of Trustees will be held on Tuesday, October 12, 2021 in the Firemen Exempt Hall.

Trustee Gustafson noted that the Falconer Rotary is planning to move the Santa parade to the evening this year.

Correspondence:

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to accept Brenton Yager’s letter of resignation from the Falconer DPW, effective April 1, 2022, with regrets. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Trustee Gustafson’s letter, dated September 13, 2021, was reviewed and placed into record acknowledging his review of the August 2021 unpaid vouchers on September 13, 2021, as well as the August 2021 bank reconciliations, from both Community Bank and M&T Bank.

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the installation of a set of chairs/bench in Davis Park as a memorial to Tim and Marlene Graham. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried. Superintendent Caprino was asked to work with directly with Mr. Graham.

The Village received email notification on September 10, 2021 that the Town of Ellicott has hired a new assessor, Tera Darts. As of September 14, 2021, the Town will no longer be using the city assessor. Ms. Darts will be splitting assessing duties with the Town of Busti and the Town of Ellicott. Also, a new part time clerk, Kendra Newman, has been hired at the Town of Ellicott.

Trustee Dunn made a motion, seconded by Trustee Miller, declaring every September, Pediatric Cancer Month, in the Village, to help raise awareness of childhood cancers. Tara Swan, mother of Kallie Swan, has dedicated her efforts to raising awareness and assisting those battling childhood cancer. Three-year old Kallie Swan lost her courageous battle with Acute Lymphoblastic Leukemia in May of 2015.

Abstracts:

Motion: It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #4, General Fund in the amount of $ 73,696.77 be approved for payment. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Motion: It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #4, Cemetery Fund in the amount of $ 949.72 be approved for payment. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Motion: It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #4, Library Fund in the amount of $ 2,220.18 be approved for payment. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Motion: It is moved by Trustee Cavallaro and seconded by Trustee Gustafson that Abstract #4, General Hund Hand Items in the amount of $ 34,472.04 be approved for payment. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Trustee Dunn made a motion, seconded by Trustee Gustafson to adjourn the meeting at 9:31 pm. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Respectfully submitted,
Anna Fales, Village Clerk