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September 19, 2022 Public Hearing / Regular Meeting

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

Gregory Peterson, Attorney 
Cindy Capestrani, Village Clerk 
Anna L. Fales, Deputy Village Clerk 
Bryce Webster, Fire Chief 
Paul Andalora, Code Enforcement Officer-Excused 
Carl Caprino, DPW Superintendent 
Laurie Becker, Library Director

The Public Hearing for the NY Forward Program and the regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, September 19, 2022 at 6:00 P.M. in the Firemen’s Exempt Hall with Deputy Mayor Anthony Cavallaro presiding.

Pledge of Allegiance & Roll: 

Trustee Dunn, Trustee Gustafson, Trustee Miller and Deputy Mayor Cavallaro were all present.


Alan & Nina Gustafson — 4580 Rt 380, Jamestown, NY
Danielle & Angelo Marra 501 N. Work Street, Falconer, NY
Brian Nelson 22 N. Falconer Street, Falconer, NY
Nikki Pierce 4001 Dry Brook Road, Falconer, NY

Public Hearing

Trustee Gustafson made a motion, seconded by Trustee Dunn to open the public meeting for the purpose of obtaining citizens’ views regarding the application for the NY Forward program. Trustee Gustafson read the legal notice for the public hearing and following the reading, Deputy Mayor Cavallaro opened the floor to public comments.

Nikki Pierce — Recently purchased 9 & 11 East Main Street to open up a bakery. Her family is very invested in the Village of Falconer to help rehabilitate the village as she remembers it growing up. She is interested in funding opportunities that would be made available with any grants to help improve store fronts and the Main Street corridor.

Danielle & Angelo Marra — Recently purchased the old Servis Plumbing building (17 W. Main Street) to open a painting business. Would be nice to see Main Street revitalized and made safer with more lighted areas. Many small towns are in need of improvements and residents are wanting to bring them back to life. Hoping her new paint business will bring people and other new businesses to the village.

Brian Nelson-Falconer Vac Shop commented that the shake and pie businesses have done a great job cleaning up their buildings and they should be recognized for what they have done. Deputy Mayor Cavallaro commented that the village would be involved in any future grand openings.

Attorney Peterson mentioned some of the projects that the NY Forward program will fund such as building renovations rather than new constructions and projects that deal with vacancy rather than new construction.

Danielle also mentioned that it would be nice if the Community Building and the Historical Room could be made open to the public but she understands that the building needs to be made handicap accessible. Comment was made by Attorney Peterson that this public hearing was intended for the purpose of getting dialog going and obtaining public opinions so that they could be included in the NY Forward application process. Dialog regarding the future of the Community Building can be addressed at future board meetings.

Trustee Dunn made a motion to close the public hearing at 6:22 pm, seconded by Trustee Miller. Ayes: All, Nays: None. Carried

The regular board meeting called to order at 6:23 pm 

Parliamentary Procedure 



Brian Nelson inquired on leasing the open lot on Main Street that village owns. The lot would be used to display more outdoor furniture and a few sheds that are located at another location on West Main Street. He commented if it is for sale, the village should put a sign on it. Deputy Mayor Cavallaro commented since the Home Leasing project fell through village has not had a meeting to discuss further plans with the property. Attorney Greg Peterson recommended Brian to send a letter to the mayor with his intentions for the property so that it can be addressed at a future meeting.

Danielle Marra thanked DPW for taking care of water issue created by heavy rain on Mapleshade. She commented that the area behind the empty lots need repair, there are no lines and many potholes. Carl Caprino noted that nothing has been done since the property might be sold in the future.

Nina Gustafson-Falconer Rotary Club President – Santa Parade is coming up on November, 19th at 5:00pm and there will be a planning meeting that will be announced next week for anyone in the village to join. Will be working with Library to include 25 days of reading and hoping to add Christmas tree lighting and carriage rides to the events.


Trustee Gustafson made a motion, seconded by Trustee Miller , to approve the minutes of the regular Board of Trustee meeting of August 8, 2022, and the Public Hearing meeting of August 29th, 2022 with the correction listed below mentioned by Trustee Dunn.

  • August 8th meeting – Correction to the last paragraph of the Public Safety Committee as Trustee listed as making motion and also seconded. Clerk Capestrani will look up in original notes and make correction. Ayes: All, Nays: None Carried

Fire Chief

The chief’s August report was reviewed and noted that the department responded to 41 EMS, 19 Cancelled in Route, 1 Outside rubbish fire, 1 system or detector malfunction, 8 Unintentional system, 1 mobile property (vehicle) fire, 2 medical assist, 1 combustible/flammable spills & leaks, and 4 Unknown, totaling 78 calls in August/608 YTD.

Mutual Aid Breakdown- August
Given: Jamestown-8, Frewsburg-11, Kennedy -7, Randolph-0, Gerry-5, total 31 
Received: Medic 74-9, Alstar-7, Kennedy-5, Jamestown-1, Kiantone-1, total 23

Paperwork for new membership application did not go through, will hold until next board meeting. Village ID tags should be completed in the next week. Damaged fire hose at Kennedy will be taken care of and old gas operated tools will be gone through and will be added to the list of items going up for auction. Hopes to have list completed for auction in the next month.

Code Enforcement

The August code officer report was reviewed. It was noted 10 building permits totaling $230 were issued, 2 building inspections were performed, 0 certificates of occupancy were issued, 0 certificates of compliance, 10 phone calls/personal contact/emails were addressed, 0 complaints received/actions taken. 0 notices of violations mailed, 0 notice of violations resolved, 0 stop work order issued, and 0 stop work order resolved.


  • Code Officer Andalora attended WSTBOA Educational Conference for Code Officers held at Chautauqua Harbor Hotel
  • 235 W. Main Street — have had many conversations with property manager and was advised last tenant would be moving out before end of this month.
  • 217 E. Pearl — upcoming meeting with owners and owners attorneys on course of action, will include village attorney to also assist.
  • 27-29 E. Main Street — received new drawings and working with Alan Gustafson Sr.on issuing building permit.

Alan Gustafson Sr. commented that the work on the Art Bailey buildings has been temporarily stalled. He is assisting with Code Officer Andalora in speaking with architect on the project. He also noted he will be working with him about Bernie’s building, regarding people hanging out on the fire escape and other structural issues with building. A letter has been sent to 19 N. Phetteplace to address the lawn not being mowed all summer. There is clause in code that permits village to take care of and bill the owner if we want to pursue. Supervisor Caprino will check if the village can borrow a brush hog to accommodate cutting the overgrown lawn. Trustee Dunn noted that we should do something to property owners that are not complying with the code so we have a record.

A certified letter was sent to owner on 8/20 and it was signed for on 9/2. For the record the property owner is Richard Streeter, 3281 SW 44th Street, Fort Lauderdale, FL.

Department of Public Works 

The DPW report was reviewed for the period August 8-September 15, 2022.

Update on awarded bids/ work progress – DPW Roof Replacement, Lewis Construction is finishing getting supplies, putting up boundary on top of building and should be starting within the next week. Trench Drain project is moving along, grates are ordered.

DPW Garage Repainting Project RFP Results — received 3 quotes, Painting Unlimited of Jamestown, Blast All and Ideal Coating. Trustee Dunn noted that Painting Unlimited was the only quote to apply coat of Conflex Masonry Coating and if lasts longer than just paint, it would be worth extra money. Supervisor Caprino noted that applying this in addition to paint should last additional 5 years over just applying paint. Project would be paid for using ARPA funds. Trustee Gustafson noted that funds are limited and the ARPA Committee would like to meet to determine what funds are available based on all projects that the village would like to complete. Attorney Greg Peterson noted that we could adopt it subject to confirmation by the committee to move along project without delay.

Trustee Dunn made a motion, seconded by Trustee Gustafson, to work with the bid which is the most responsible bidder, Painting Unlimited of Jamestown, option #2 with 2 caveats — first being Supervisor Caprino will verify that repainting of Village of Falconer Hwy sign is included in option 2 and the second is that we wait for the ARPA board to review funds. Ayes: All, Nays: None Carried

Price Quote-Library Camera — update existing camera to new HD Technology, new cameras downstairs in blind spot and at Library entrance. Trustee Dunn would like confirmation that existing wiring will handle new I-ID system since the bid notes they will not be replacing wiring. Supervisor Caprino will follow up on wiring and check if video storage will hold 30 days of activity and report back to board next month.

Auctions International – Auctions went well, 10-Wheeler Truck sold for $29,100 and old village road sign sold for $45. Leaf box was not sold yet, not at right price, another shop looking at it for purchase.

South Work Street Traffic Signal — Deputy Mayor Cavallaro reported that Mayor Jaroszynski is having on-going discussions with the county.

Supervisor Caprino also mentioned that the new work truck came in that was ordered about 11/2 year ago. Will need to spend approximately $1000 out of operating budget for lights, running boards and seat/floor covers. He also commented that the plow that came with the truck went up $700 and that he will negotiate with the seller to get the price down.


The August 8, 2022 — September 19, 2022 library report was reviewed. Laurie Becker noted that there was not a lot attendance for the grant funded movie night. There were, at times, issues with the sound, it was worth trying but probably not going to have next summer.

The next library board meeting is scheduled for Thursday, September 22, 2022 in the library at 8:00 AM.



Nothing reported.


Attorney Peterson will be setting up a meeting regarding E. Pearl. He also made mention of an upcoming event on October 12 at the Jackson Center, “The Movement to a Level Playing Field” for the 50th anniversary of a baseball case “Flood v. Kuhn”.

Public Safety: 

  • The Dog Control Report for August 2022 was reviewed. Received a few calls about cats and other animals which were all resolved by phone. Lee asked to be contacted once we have a place to take impounded animals.
  • Deputy Cavallaro reported that Mayor Jaroszynski is having ongoing discussions regarding the new SPCA contract.
  • Approval of the FSC Homecoming Parade. Trustee Dunn made a motion, seconded by Trustee Gustafson to approve the FSC Homecoming Parade and bonfire and requests that the fire department support the bonfire, Ayes: All, Nays: None Carried

Downtown Development

NY Forward Grant Application Filing

  • Trustee Dunn made a motion, seconded by Trustee Gustafson to apply for the NY Forward Grant application. Ayes: All, Nays: None Carried

Farmers Market: 

Scott Farms will continue in Davis Park for a few more weeks as long as the weather holds up. Trustee Miller will find out end date so that she can inform Supervisor Caprino when to remove the porta john.


Trustee Miller commented the committee will connect with the Mayor as to what the next steps are to get the proposed dog park going. Neighbors met this summer but they need to know exactly what the plan and locations are for the dog park. Deputy Cavallaro mentioned Mayor Jaroszynski’s plan is to send letters to neighbors and also set a time and date for a work session to discuss the plans and location. Nina Gustafson, President of Falconer Rotary has the plans for the dog park but they need to know what space is approved for the park. The Rotary Club would like it at Falconer Park. Other suggested areas are on Elmwood, but there are concerns with mosquitos in that area and no access to water. The grant for the dog park expires April 2023. It was decided to hold a work session on Monday, 10/3 at 6:00 pm. Letters will be sent to the neighbors adjoining the park and notice of the work session will be published for the public to attend.

Pine Hill Cemetery: 

Trustee Gustafson reported that a large branch from a tree came down, but luckily no stones were damaged. Three other older trees will be removed. They are installing a mausoleum, slab already started, and footers have been poured. Project will continue in the spring.

Planning/Zoning Board: 

Trustee Gustafson would like to talk with Code Officer Paul Andalora to set up a date for another planning board meeting to discuss food trucks, possibly in October or November. Deputy Clerk Fales noted that at the last meeting code officers were supposed to get together and noted that they could use direction from the committee.

Old Business: 

Interviews for the Village Treasurer position will begin this week and into next week.

New Business: 

Paula Pichon has been brought on board as a grant writer as needed. She has extensive grant writing experience. Currently works at JCC and City of Jamestown as a grant writer.


Feedmore WNY letter request for funding was noted in the folders but no action was taken.

Trustee Gustafson’s letter, dated September 19, 2022, which acknowledged his review of the September 2022 unpaid vouchers on September 18, 2022, and bank reconciliations for M&T Bank and Community Bank on September 19, 2022, was placed into record.


Motion: It is moved by Trustee Dunn and seconded by Trustee Miller that Abstract #4, General Fund in the amount of $97,966.98 be approved for Payment. Prior to the vote Trustee Dunn wanted clarification for the notation at the bottom noting that $74,410.70 of the total was FY 22/23. Trustee Gustafson and Deputy Clerk Fales clarified that the abstract total of $97,966.98 are the total bills to be paid and of that total it was noted by Treasurer Trask that $74,410.70 pertained to FY 22/23 expenses, the balance of $15,598.77 were accruals from FY 21/22 expenses that were carried over. Alan Gustafson pointed out a few other items for discussion prior to the vote. Ayes: All, Nays: None Carried

Motion: It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #4, Cemetery Fund in the amount of $2,077.38 be approved for payment. Ayes: All, Nays: None Carried

Motion: It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #4, Library Fund in the amount of $ 2,034.06 be approved for payment. Roll: Gustafson: Aye. Dunn: Aye, Miller: Aye, Cavallaro: Abstain, Nays: None. Carried

Motion: It is moved by Trustee Gustafson and seconded by Trustee Dunn That Abstract #4, General Fund Hand Items in the amount of $40,776.22 be approved for payment. Ayes: All, Nays: None Carried

Trustee Dunn made a motion, seconded by Trustee Miller to adjourn the meeting at 7:50 pm. Ayes-all. Motion carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk