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February 13, 2023 Regular Meeting

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Lawrence Trask – Treasurer
Bryce Webster, Fire Chief
Paul Andalora, Code Enforcement Officer
Carl Caprino, DPW Superintendent- excused
Laurie Becker, Library Director

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, February 13, 2023 at 6:00 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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


Bonnie Dalrymple
Keith Beckerink
Mary Beckerink
Klayton Campbell
Steve Garvey
Joel Aiken
Paulina Aiken
Ellen Colburn
Randy Colburn
Glen Dickerson
Shawn Rizzo
Brenda Weiler
Glen Dickerson
Susan Dickerson
Don Armstrong
Sandy Johnson
Dan Johnson
Jim Ribaudo
Steve Myers
Nina Gustafson



Visitor Comments

Comments made from visitors addressing the board.

  • Works nights, so additional truck traffic will be noisy and disruptive to sleep
  • Opposed to project – will be an eyesore in the area
  • Cross Street is not built for 80,000 lb. trucks – Village promised there would be another access over the RR tracks to avoid Elmwood Avenue years ago and that never happened
  • Suggests going to old Vac Air location
  • There are a lot of children and families living on Elmwood Avenue – do not need more truck traffic, would you want this near your own homes?
  • Elmwood traffic is congested – Cross Street is one way in – need to turn around to get out
  • DPW has lost area for street sweepings – should this property be looked at for that
  • Why would village give up property – may need down the road
  • Additional traffic and containers going through a residential area
  • Clients coming in to buy car parts – where are they coming from
  • Village should not sell any property 
  • Vac Air – is a perfect location, not in a residential area as well as old NE Freight Terminal next to the transfer station
  • Still wondering if any other sites have been found for the proposed dog park
  • Worried about environmental problems down the road – every bit of oil is not going to be drained out of the cars brought in for scrap 
  • As a walker, there is already a lot of traffic trying to cross Work Street at Elmwood, increased trucks will make it harder and the traffic signal to stop traffic is still not working at this intersection.
  • Many people living in the proposed are retired, not at work, so will have to deal with noise
  • We do not need a dog park in this small village, people can walk their dogs or use own back yards
  • Little League field dugouts are falling apart, sidewalks need repair – fix those before worrying about a dog park.


Trustee Gustafson made a motion, seconded by Trustee Dunn, to approve the minutes of the January 9, 2023 Regular Board of Trustees Meeting with 2 corrections to visitor names.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Mayors Remarks

Mayor Jaroszynski asked for a moment of silence for the passing of Derek A. “Rick” DePietro, a former Village of Falconer resident, Village Board Trustee, Village of Falconer and City of Jamestown police officer.

Fire Chief

The chief’s January report was reviewed and noted that the department responded to 43 EMS, 1 structure fire, 1 rescue EMS call-other, 1 medical assist, 1 chemical release, 1 false alarm, 15 Cancelled in Route, 1 smoke/odor problem, 1 system or detector malfunction, 1 unintentional system, 2 public service assistance, 1 water problem, 1 cover assignment, total 70 calls in January.

Mutual Aid Breakdown – January 2023
            Given:  Jamestown-6, Frewsburg-4, Town ELPD-2, Gerry-2, total 14  
            Received:  Medic 74-9, Alstar-2, Kennedy-4, total 15

Bryce will start sending Town of Ellicott the monthly fire department reports as well as all of 2022.

Code Enforcement

The January code officer report was reviewed. It was noted building permits totaling $200 were issued, 4 building inspections were performed, 15 phone calls/personal contact/emails were addressed.


  • 217 E. Pearl – owner has completed paperwork for a demolition to start in March.
  • 82 Carter – Hanson will be installing a new sign for their building.
  • 102 N. Work Street – owners have done many improvements since fire back in July 2022.
  • Participated in NYSERTA webinars and will be completing more CEO trainings soon.

Department of Public Works

The DPW report was submitted for the period January 6, 2023 – February 9, 2023. Superintendent Caprino was excused from the meeting and his report will be discussed at the next board meeting.  Mayor Jaroszynski commented on the Community Building chimney photos that were in the board folders showing cracks in the brick.  Superintendent Caprino was advised that the chimney could be reinforced at the top until it can be worked on in the spring. Trustee Cavallaro had spoken with Superintendent Caprino and noted that several companies that were contacted for quotes to install a power vent for the boiler, did not recommend that option. Instead of doing a power vent, a liner can be inserted in the chimney and the chimney can be taken down to the roof level. 


The January 9, 2023 – February 13, 2023 library report was reviewed. 

Highlights include:

  • The annual library report is being worked on with Treasurer Trask for submission by 2/17/23.
  • The library will be closing at noon on Wednesday, February 15th to allow Laurie and Sandy to visit other libraries in area.
  • The library will host an open house with an escape room on March 17th to encourage area middle and high school students to come in to see what the library has to offer.
  •  The Library Board met on Thursday, January 26th and new officers were sworn in.



The 3rd quarter sales tax figures were received showing the village is at 96.34% of the total budget.

EMS Service Payments – In response to last months’ request from the fire advisory board Treasurer Trask presented an exhibit outlining the procedure for recording EMS billing receipts.

Trustee Dunn made a motion, seconded by Trustee Cavallaro to A: Recognizing EMS billing receipts used for the only purpose of reimbursing the Falconer Volunteer Fire Company Association for lease payments on the current A401 Ambulance (retro to Jan-2023) until such time as the lease is satisfied. B: Reserve any excess receipts into the Village of falconer Cap-F EMS Reserve specified HF2014.14 for the future use of Ambulance purchases only.

Motion to approve EMS-Billings/Receipts Exhibit A dated 1/19/2023.

Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

IT Service – DFT our current IT provider, is getting out of the IT support service. Treasurer Trask is in the process of looking at 2 other IT support companies, Southern Tier IT and Southern Tier Graphics and has received quotes from both. He will review with Mayor Jaroszynski as to which direction the village will proceed.

Investments – Pre-pandemic the village had 2 CD’s, a short term and long term at each bank, M&T and Community Bank. Since November interest rates have started to climb. NYCLASS, a company that only deals with municipal funding, notified Treasurer Trask that the 30 days interest rate for January was 4%, and as of Friday, February 10, the interest rate was 4.36%. As a reference, the Town of Ellicott has used NYCLASS for the past 2 years and they are very happy with them. Monies are readily available, if the request is made by noon, the money is ready by 4:30 and the next morning if a request is made after noon. In a climbing interest market, you want your money in a money market and in a falling interest market you want your money in a CD.

Trustee Dunn made a motion, seconded by Trustee Gustafson, regarding a Municipal Cooperation Resolution that Lawrence Trask, Treasurer of the Village of Falconer is hereby authorized to participate in the NYCLASS program under the terms of the NYCLASS Municipal Cooperation Agreement Amended and Restated as of March 28, 2019. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Treasurer Trask would like it on record that he regrets moving monies from both banks, but “business is business”. 

Trustee Gustafson mentioned that camera purchase from the previous board meeting did not specify that it was to be paid using the ARPA funds. He would like to amend that motion for the record.

Trustee Dunn made a motion, seconded by Trustee Miller to amend the motion from the previous meeting to use ARPA funds to pay for the camera system for the library. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Treasurer Appointment

Mayor Jaroszynski introduced, Paula Spunaugle, of 684 Buffalo Street, formerly with Bush Industries, as the new treasurer. 

Trustee Dunn made a motion, seconded by Trustee Cavallaro to install Paula Spunaugle as the treasurer. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Dunn made a motion, seconded by Trustee Miller to “demote” Treasurer Trask to Deputy Treasurer. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 


Good news regarding the upcoming Pearl Street demolition as was previously discussed.

Attorney Peterson informed the board that Tarp Skunk Falconer Night at the Ball Park will be held on July 12th.

Public Safety: 

Mayor Jaroszynski mentioned, as per the advice of the fire advisory board, the EMS billings will be changing from Chautauqua County to another billing agency. The reason is that the county has had inadequate follow up on the monthly billings that have been submitted. Shortly after the village signed up with the county, Governor Hochul signed a law allowing volunteer fire departments to recover costs associated with providing EMS services. 

Trustee Cavallaro reported that the Dog Control Officer Inspection Report was completed on 1/18/2023 with a satisfactory rating. 

Trustee Gustafson made mention that the traffic pedestrian crossing signal at Elmwood and South Work Street is not working. It was noted that the only crossing switch that works is the one that was damaged previously and replaced. Trustee Cavallaro will check it out.

Downtown Development 

Trustee Gustafson mentioned he had received an email that with information on the Chautauqua County Complete Streets Project Grant application. Mayor Jaroszynski will give the information to our grant writer to look into.

Farmers Market:

Trustee Miller noted she is working on going forward with the 2023 Farmers Market, just waiting for the application to fill out. Looking at previous years’ information, it was held on Friday from 11am-6pm so we will probably keep it the same. 


Trustee Miller reported that they are continuing to look at other open areas that have more space for a dog park. Trustee Gustafson noted that the Community Foundation has grants opening up soon and they have funded park projects in the past. Trustee Miller mentioned setting a date for the Easter Egg Hunt in the park. Clerk Capestrani commented that Steve from the Falconer American Legion had stopped over to the village office with the information that this years’ Easter Egg Hunt date has been set for April 1st at 10:00 am in Falconer Park. She asked Chief Webster to confirm that Lee Purdue will be sending out the letters for candy and monetary donations as they have done in past years. Clerk Capestrani will make sure that the board members get a copy of the letter and flyer at the next board meeting.

Pine Hill Cemetery:

Trustee Gustafson noted that Peter Fuller is getting quotes for 2 new signs for the cemetery, one to replace the existing sign with a double-sided sign as well as putting a smaller sign up by Mapleshade. He is also planning to apply for a grant from the Community Foundation to help pay for expenses to add and remove trees.

Planning/Zoning Board:  

nothing to report

Old Business:

Mayor Jaroszynski gave an update on the NY Forward Grant program. The village of Falconer did not receive an award, the villages of Wellsville, Lancaster and the City of Dunkirk received NY Forward awards for our region. The village of Falconer will continue to look for other avenues of funding.

New Business:

Fall Elections – Mayor Jaroszynski, Trustee Dunn and Trustee Gustafson are up for re-election in the fall. 

Budget Preparation – the budget needs to be presented to the board in March. Treasurer Trask mentioned that he was possibly looking to increase the Fire Department account 5% to cover the increased costs for future fire department vehicles which have increased by 19%.

5K Run request – Aaron Lee, co-founder Team AjStrong is requesting permission for a 5k fundraiser event in the village of Falconer on May 6th, 2023.  The board would like to see the route before approving the request. Clerk Capestrani will request that information and the request was tabled until the next board meeting.

20 Cross Street presentation discussion – Attorney Peterson responded to the question posed regarding the village law and what the requirements are to sell village property stating that it is not necessary to have a public hearing. The property needs to be deemed un-needed by the board for municipal purpose and can be sold via a private or public sale. Trustee Dunn commented that the access to Elmwood is limited and there was talk in the past about putting a road across the railroad. Trustee Cavallaro noted that the land was purchased prior to the Abe Mattison era as Truck-Lite wanted to build a distribution center and they wanted the village to build a road from Cross Street along the railroad tracks to the distribution center. Rick Kress commented that access on the back side of the property would be very beneficial to his business and eliminate the traffic coming in from Cross street and he would be willing to do assist the village any way he could. Further discussions were tabled so that the board could review the information given to them.  A work session was scheduled prior to the next board meeting on March 13th  and it was suggested they stop over to Cross Street to view the property in question.


No correspondence was received.


Motion:  It is moved by Trustee Dunn and seconded by Trustee Gustafson that Abstract #8, General Fund in the revised amount of $75,434.67 be approved for Payment. Roll: Gustafson: Aye, Dunn: Aye Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Miller that Abstract #8, Cemetery Fund in the amount of $571.97 be approved for payment.  Roll: Gustafson: Aye, Dunn: 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 #8, Library Fund in the amount of $4,214.68 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Dunn that Abstract #8, General Fund Hand Items in the amount of $44,318.51 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Gustafson’s letter, dated February 13, 2023, which acknowledged his review of the January 2023 unpaid vouchers and bank reconciliations for M&T Bank and Community Bank on February 12, 2023, was placed into record.

Executive Session:  

was not needed

Trustee Gustafson inquired if a date had been set for the village spring clean-up and it was noted that it will be May 6th.

Trustee Gustafson made a motion, seconded by Trustee Cavallaro to adjourn the meeting at 7:40 pm. Ayes-all. Motion carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk