March 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
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief
Paul Andalora, Code Enforcement Officer
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, March 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.
PRIVILEGE OF THE FLOOR
VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWD AT A LATER TIME.
Prior to visitor’s comments, Mayor Jaroszynski noted that the Cross Street development proposal was not on the agenda and will not be discussed by the board tonight.
Tammy Yager with Falconer Fire Department informed the board of their annual event, Recruit NY Open House, on April 22, from 11am – 2 pm. The event will include a car seat check by Ellicott Police Department. There will also be a pancake breakfast from 8am – 10:30am. Everyone is welcome. The price will be $10 for adults, $5 for children 12 and under, free for children 3 and under.
Mindy L. Zoghlin, attorney with The Zoghlin Group PPLC representing the Friends of Falconer group including the Aikens, in connection with the proposed scrap metal recycling facility at 20 Cross Street and the adjacent lands owned by the Village. She noted that she emailed the mayor and board a 7-page letter. Some of the highlights of the letter include:
- The proposed facility is not a permitted use in the industrial district in which it is proposed. This district allows a wide range of manufacturing and light industrial uses. The proposed scrap metal facility is not a manufacturing use.
- The proposed facility is not consistent with the village Comprehensive Plan 2019. The comp plans’ main goal is to make streets safe and useful for pedestrian travel. Vehicular traffic transporting scrap materials to and from the proposed facility would make this residential street unsafe and less useful for pedestrian travel.
- A better fit for this village parcel would be the proposed dog park.
- Another goal in the comprehensive plan is to improve the village housing market. The scrap metal facility in this residential neighborhood would destroy, not improve the Cross Street residential neighborhood.
- If this project were to continue, both the sale of the village property and the site plan review would be subject to review under the NYS Environmental Quality Review Act (SEQRA).
- The SEQRA review would require a positive declaration of environmental significance, and preparation of an environmental impact statement. The village owned parcel is adjacent to federally regulated freshwater wetlands.
- In negotiating the sale of municipal property, the village is required to secure both the best price and terms that will be most beneficial to the public. Converting this village owned parcel bordering a residential neighborhood from vacant land to a scrap metal processing facility would not be the most beneficial use of municipal property, as required by NYS law.
Brian Nelson at 22 W. Falconer Street – he has been trying to lease the vacant parcel on Main Street. Attorney Peterson noted that he can still lease it even though the property is under contract, but he needs to provide a hold harmless insurance certificate.
Ellen Colburn of Elmwood Avenue – previously sent a letter to the board regarding burning in the neighborhood that produces a horrific smell that causes her to lose her breath. Mayor Jaroszynski has forwarded the letter to code enforcement. He suggested that they will get together with the Fire Department to discuss the matter.
Yvonne Bickering of Elmwood Avenue would like to get the speeding on Elmwood Avenue addressed, mostly on during shift changes with the factories on the street. Mayor Jaroszynski will notify the Town of Ellicott police of the issue.
Danielle Marra, recently purchased the old Servis Plumbing building. Paula Blanchard and Rob Savarino have called her regarding selling her property. She feels she had done a lot of work to her building to bring businesses to the village and is not interested. A better options would be to get the empty Gronquist building sold and included in the plans.
Trustee Gustafson made a motion, seconded by Trustee Dunn, to approve the minutes of the February 13, 2023 Regular Board of Trustees Meeting. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the minutes of the February 13, 2023 Work Session Board of Trustees Meeting. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Trustee Miller made a motion, seconded by Trustee Dunn, to approve the minutes of the February 28, 2023 Special Board of Trustees Meeting. It was noted that Paula Spunaugles’ name needs to be added as in attendance. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Mayor Jaroszynski noted the village had a recent inquiry from a resident to purchase 211 E. James Street vacant lot. The board had previously approved to sell the property at a board meeting on March 8, 2021. The village will be sending out letters to accept offers for the property.
The chief’s February report was reviewed and noted that the department responded to 55 EMS, 1 natural vegetation fire, 2 outside rubbish fire, 3 electrical wiring problem, 9 cancelled in route, 1 system or detector malfunction, total 71 calls February.
Mutual Aid Breakdown – February 2023
Given: Jamestown-8, Frewsburg-7, Fluvanna-1, Kennedy-2, Ellicott Police-1, total 19
Received: Medic 74-6, Alstar-3, Kennedy-2, total 11
FEMA Grant has been submitted, working on SAFER grant now.
Trustee Cavallaro made a motion, seconded by Trustee Dunn to approve Tiara Doud into the Falconer Hook and Ladder Co. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Trustee Cavallaro made a motion, seconded by Trustee Miller to approve Andrew Sweet into the Falconer Hose Co. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Trustee Cavallaro made a motion, seconded by Trustee Miller to approve Ylsa Guiffre into the Falconer Hose Co. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
The February code officer report was reviewed. It was noted building permits totaling $250 were issued, 3 building inspections were performed, 1 certificate of occupancy and many phone calls & emails were addressed.
- 460 W. Main Street – The Dollar General will be replacing outdoor signage.
- 82 Carter – Hanson Sign will be meeting with to discuss tentative projects planned.
- 42 Hickory Street – met with contractor to discuss upcoming interior renovations.
- Will be working with CEO Gustafson on updates to the NYS building codes.
- Compiling information for the NYS Uniform Code Administration and Enforcement Report.
- Pearl Street demolition should be starting within the next week.
Department of Public Works
The DPW report was submitted for the period February 10, 2023 – March 9, 2023. Superintendent Caprino reported about a recent vandalism incident on the rec building in Falconer Park. Several sixteen-year-olds threw rocks and smashed the camera, then ripped off some of the fascia board and started a small fire. One of the other cameras in the park helped to identify the ones who broke the camera and a police report has been filed. Superintendent Caprino provided a quote from FSC to replace the broken camera. He noted the camera was sufficient and did not need to be upgraded when questioned by Trustee Dunn.
The city fixed the crossing signal light at Work Street and Elmwood Avenue which was reported as not working at the last board meeting. Mayor Jaroszynski noted he is still working with Legislator Vanstrom on getting the county to take possession of this light.
Superintendent Caprino is getting the specifications ready to request bids on a new garbage and recycling contract for a bid opening at the beginning of May. The Community Building chimney was strapped as a temporary fix until we can get quotes and take it down to the roof line. Superintendent Caprino is in the process of getting quotes to insert a vent for the boiler once the chimney is taken down but this cannot be done until spring once the boiler is turned off.
The February 13, 2023 – March 13, 2023 library report was reviewed.
- The annual library report which was submitted on 2/17/23 is complete with all questions answered from the review.
- They summer reading program theme will be “All Together Now” and they are reaching out to local businesses for support and some grants to cover some of the activities.
- This past month Laurie and Sandy visited seven libraries in the Chautauqua Cattaraugus Library System to see how they are set up and what they have to offer.
- The library is hosting an open house with an escape room on March 17th to encourage area middle and high school students to come in to see what is new in the library. They have added time slots as the response has been beyond what was expected.
- The Library Board will meet on Thursday, March 23rd at 8:00 am in the library.
Finance: FY 23/24 Proposed Budget Presentation:
Mayor Jaroszynski called for public questions and comments on the proposed 2023-2024 budget noting that this budget reflects a real property tax rate of $8.47/$1000 of assessment, which is a proposed tax increase of $0.024. This proposed increase is within the limits of the NYS Property Tax Cap Law. Treasurer Spunaugle noted that there is an increase in the pilot program for SKF as they are in their 11th year and the tax is based on assessment versus a set amount from the pilot program.
Mayor Jaroszynski scheduled a Budget Workshop on Monday, April 3rd at 6 pm in the Community Building Board Room.
Trustee Dunn made a motion, seconded by Trustee Miller to table the villages 2023-2024 fiscal year budget for 30 days as written. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Trustee Dunn made a motion, seconded by Trustee Cavallaro to schedule a Public Hearing prior to the board meeting on April 10th at 6pm for the adoption of the Budget 2023-2024. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Attorney Peterson asked if anyone in the room remembers a newspaper called the “Falconer Flash”. He found a 1984 copy of it and will bring it in to the library.
Trustee Cavallaro reported that ACO Belin took care of an animal complaint on 258 E. Everett Street.
Mayor Jaroszynski reported that ACO Belin has been injured in an accident and is currently recovering. He has asked Supervisor Bowman from the Town of Ellicott for assistance and they will address it at their upcoming board meeting. Mayor Jaroszynski wishes ACO Belin a quick recovery.
Mayor Jaroszynski noted that Chautauqua County Economic Development Committee visited Falconer as part of a program to see how they can assist the towns, villages and cities in the county. After a short meeting with them, we took them on a village walking tour and to a few other areas within the village.
Trustee Miller noted we are planning hold a Farmers Market from June through September on Friday afternoons. We have a list of vendors from a few years ago to contact, but if anyone knows of any vendors that would like to sell their products, please pass that information along to her.
Trustee Miller reported that we lost the funding from the Rotary for the dog park, but are still looking for a suitable site. Mayor Jaroszynski reached out and confirmed that Chris Schrader is going to return as the park recreation director for this season. Mayor Jaroszynski also noted that the DPW is looking for 2 seasonal workers.
Pine Hill Cemetery:
Trustee Gustafson passed out information from Peter Fuller showing 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 on Mapleshade. He is also planning to apply for a grant from the Community Foundation to help pay for expenses to add and remove trees.
nothing to report
Village Spring Cleanup – will be held on Saturday, May 6th, from 9am to 12pm. There will be dumpsters located at the Village Highway Garage. In conjunction with the Falconer Rotary, there will be a village wide clean up beginning at 9am at the Falconer Fire Department. Bring your own rakes, brooms and gloves. A complimentary lunch will be provided for all workers.
5K Run request – Aaron Lee, co-founder Team AjStrong submitted a route for a 5k fundraiser event on June 10th, 2023. After review, it was noted that since the route went outside of the village and was on a state highway, they would need to contact the Town of Ellicott and the State DOT. The decision to approve was tabled. Clerk Capestrani will suggest for them to change their route as well as provide us with an insurance certificate for review at the next board meeting.
Annual Easter Egg Hunt – to be held Saturday, April 1st at 10am in Falconer Park sponsored by: Falconer & Community for Our Youth, Falconer Fire Department, Henry Mosher American Legion Post 638, Falconer Moose Club, and Town of Ellicott PBA
Key Club Bunny Hop 5K – to be held on Saturday, April 15th starting at 9am.
Trustee Dunn made a motion, seconded by Trustee Gustafson to allow the Key Club Bunny Hop 5K on April 15thpending that they get involved with the police and fire department and they provide an insurance binder. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Windsong Mobile Unit – to be held on Friday, March 17 from 9am – 3pm, 115 Davis Street, Falconer, NY.
Falconer Legion Fundraiser – to be held on Sunday, May 21, requesting permission for a parade as part of the event. Mayor Jaroszynski will contact Dave Dunn as to the size of the parade.
Elmwood Property request from Kelly Brown – the request needs to be more specific as to what property requesting with a GIS map. Clerk Capestrani will get more information.
Partnership for Economic Growth Grant – The village was awarded a $20,000 grant from CCPEG for a Main Street Green Space which was applied for prior to the sale of the property to Savarino Development. Mayor Jaroszynski will check with Nate Aldrich from CCPEG to see if the grant award can be moved to another project on Main Street.
Letters from 2 residents, the Zoghlin letter, and a petition were received, all relating to the Cross Street proposed sale and will go on record as well as a letter from a resident expressing a need for a dog park in the village.
Motion: It is moved by Trustee Dunn and seconded by Trustee Miller that Abstract #10, General Fund in the revised amount of $81,133.46 be approved for Payment. Roll: Gustafson: Abstain, Dunn: 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 #10, Cemetery Fund in the amount of $671.04 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 #10, Library Fund in the amount of $2,149.43 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 Gustafson that Abstract #10, General Fund Hand Items in the amount of $37,594.02 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Trustee Gustafson’s letter, dated March 13, 2023, which acknowledged his review of the February 2023 unpaid vouchers and bank reconciliations for M&T Bank, Community Bank and NYCLASS on March 12, 2023, was placed into record.
Trustee Dunn made a motion, seconded by Trustee Miller to move into executive session at 7:22 pm to discuss village development proposal. Attorney Peterson noted this is Section 105 of the Public Officers Law. 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 exit executive session. Ayes-all. Motion carried.
Trustee Dunn made a motion, seconded by Trustee Gustafson to adjourn the regular meeting at 8:31 pm. Ayes-all. Motion carried.
Cindy Capestrani, Village Clerk