June 12, 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, June 12, 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.
Service Award Presentation to Anna Fales – former Village Clerk:
Mayor Jaroszynski thanked Anna Fales for her dedication to the village. She worked tirelessly completing any task given to her, especially during COVID with all of the new rules and regulations associated with it. The board wishes Anna the best of luck in the future. He then read a letter from former Mayor James Rensel who was unable to attend. Mayor Rensel congratulated Anna on her new position at the Chautauqua Harbor Hotel. He spoke very highly of Anna and the job she did as the village clerk, putting the needs of the village residents first. She worked through several challenging times, including building collapses and multiple tragic fires. He wished Anna good luck and happiness with her new career.
Mayor Jaroszynski then presented Anna with a service plaque for her ongoing commitment and 8 years of dedicated service to the Village of Falconer. Anna thanked everyone and expressed her gratitude to have worked with such a great group.
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.
Ro Woodard – 116 N. Phetteplace St. – she is pleased that the Rotary Club and village board are moving forward with installing Disc Golf in Falconer Park. She feels that it will be a great asset to the community. She would like to propose looking at installing 2 sets of concrete corn holes, for additional activities that would be available in the park. She has obtained 2 quotes and would like the village board to consider the idea and will assist in looking for funding for the project.
Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the May 8, 2023 Regular Board of Trustees Meeting. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Mayor Jaroszynski complimented the Fire Department and all involved for assisting at the AJ Strong 5K race this past weekend which was a huge success. Christmas in July will be held on July 29th and is in the planning stages with more information to follow.
The Fire Chief’s May report was reviewed and noted that the department responded to 44 EMS, 1 structure fire, 1 cooking fire, 2 grass fires, 1 trash fire, 3 motor vehicle accidents, 1 extrication, 1 fuel spill, 1 CO assist, 16 cancelled in route, 1 lift assist, 4 false alarms, 3 standbys, total 79 calls.
Mutual Aid Breakdown – May 2023
Given: Jamestown-17, Frewsburg-5, Kennedy-4, Kiantone-2 total 28
Received: Medic 74-7, Alstar-4, Gerry-1, Kennedy-3, Frewsburg-1, Kiantone-1, Sinclairville-1, Hazmat Team-1, Ellington-1, Rescue7-1 total 21
Trustee Cavallaro made a motion, seconded by Trustee Dunn to approve Jordan Crouse 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 Dunn to approve Roland Cartner into the Falconer Hook and Ladder Co Fire Police Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
The June code officer report was reviewed. It was noted 9 building permits totaling $285 were issued, totaling 25 permits YTD, 31 complaints/violations were addressed.
- 319 Central Avenue – the building sustained significant structural damage as a result of the May 13th fire and will most likely need to be demolished. The building has been secured and the owner is waiting for a final disposition from the insurance company.
- The Zoning Board of Appeals met on June 7th and approved an Area Variance request for the construction of a storage garage for Terry Ortner, on a vacant parcel on Harmon Street due to inadequate lot size and rear yard setback.
- 12 N. Work Street (former bank drive-thru building) – demolition was completed to make way for an expanded parking lot for 1 E. Main Street.
- 1 E. Main Street – received notification from the Falconer Fire Department that portions of the building façade fell to the sidewalk. The sidewalk was barricaded for safety. The owner, Jim Sirianno, was contacted and he promptly had crews removing the attached façade materials.
Department of Public Works
The DPW report was submitted for the period May 5, 2023 – June 9, 2023.
Trustee Gustafson provided photos of the recently completed chimney repair showing a poorly done job with the mortar. The contractor stated the mortar would wash off of the bricks, but that has not been the case. The board had accepted the lowest bidder for the job, and sometimes you get what you pay for. Attorney Peterson noted that we are required to accept the lowest “responsible” bidder. We need to inform the contractor the work is not acceptable and then define what needs to be fixed in order to get paid. The invoice is on the abstract which can be approved pending satisfactory completion of the repair.
Asphalt Bid Approval – Bids were sent out for asphalt prices since Rauh Paving is no longer approved on the county bid. JMI is on the county bid, prices were received from both JMI and Rauh Paving.
Trustee Cavallaro made a motion, seconded by Trustee Dunn to accept the county bid for asphalt material. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
The May 8, 2023 – June 12, 2023 Library report was reviewed.
- The library is busy getting ready for the Summer Reading Program which starts on June 26th.
- The 6th grade classes from Falconer Central School visited the Community Building on June 6-8 for a visit with Village Historian, Brenda Cavallaro, for their “Our Place” program. They will be visiting the library on June 13-15th to learn about the planned library summer events and will finish with a scavenger hunt in the library.
- The reconstruction of the front entryway is scheduled to begin the week of August 21st.
- The library board amended the by-laws to add another trustee to the board. Dr. Pat Fales is now an honorary member and had served on the library board for over 40 years. Attorney Peterson added that Dr. Pat Fales played with the Frewsburg High School Band at the interment of the body of Supreme Court Justice Robert H. Jackson in 1954.
Treasurer Spunaugle gave the board the fiscal 22/23 year-end sales tax report. She is still working with an accounting firm from Fredonia to set up QuickBooks for our accounting system.
Resolution Water/Wastewater agreement
Attorney Peterson stated resolution no. 6-2023 is a combined resolution for 2 agreements previously reviewed by the board authorizing the execution of inter-municipal agreements for sewer and water services. Also, noted for the record, that these agreements entered into by municipalities are type 2- Action, exempt from New York State Environmental Quality Review Act.
Trustee Dunn made a motion, seconded by Trustee Miller to approve resolution 6-2023, titled the Village of Falconer Board of Trustees resolution authorizing the execution of inter-municipal agreements for sewer and water services. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Trustee Gustafson noted that he had a recent conversation in the office with Clerk Capestrani regarding the time capsule that was buried in Davis Park. She had mentioned that Mayor Jaroszynski had received a call from former Dave Kingsley and asked her to check with village historian Brenda Cavallaro as to when it was due to be opened. The 50-year time capsule was buried in 1976 and is due to be opened in 2026.
Reminder: July 12th is the Falconer Night at the Tarp Skunks baseball game, honoring the Mee family in sports. One of the Mee family members, Grady Mee, is the starting short stop for the Tarp Skunks. Steve Garvey will be taking professional photos for the event.
Trustee Cavallaro noted that there were 2 dog incidents reported and taken care of by dog control officer, Matt Abbey. He has also asked if the dog complaint form could be added to our website.
Mayor Jaroszynski noted that he had received an email from a resident on E. Everett asking if he could contact the Town of Ellicott police department to get information about setting up a neighborhood watch program.
Trustee Dunn reported that the Downtown Master Plan survey is currently on the website through June 30th. Copies of the survey are also available at PersNikkity Pies, Falconer Vacuum Shop, Falconer Printing and the Falconer Library.
Mayor Jaroszynski mentioned that he recently contacted Steve Swanson, past president of the Falconer Business Association, to check if the charter still existed and research if they could get the association going again. He also noted that there is a new business going into the old Bairs’ Pizza, Lady T’s Meraki Motif, a craft/gift shop.
Trustee Miller spoke with Kurt Scott with Scott Farms and he is planning on setting up his farmers market stand in Davis Park. In addition to Friday, he would like to sell his products on Monday, Wednesday, Saturday and Sunday.
Trustee Miller thanked the Rotary Club for the addition of Disc Golf to Falconer Park, and also thanked Ro Woodard for the concrete corn hole information. Nina Gustafson, Rotary president, reported that the Disc Golf baskets are on order and should be arriving in 2-3 weeks. The Falconer Rotary will be planning a grand opening event once the set-up is complete. The existing 3 baskets are now labeled as “museum pieces” with a plaque noting, made by Stuart Tool & Die.
The Falconer walking club brought to Trustee Gustafson’s attention the erosion occurring on the walking pathway in Falconer Park along the creek edge. The biggest area of concern is on property belonging to LSS and Mr. Schroder in the city of Jamestown. The village had placed a large cement block at the end of the pathway prior to the creek edge. There currently is only about 6 feet between the cement block and the creek edge, much less than when it was placed there. Mayor Jaroszynski would like to get another meeting together with all involved parties, the city of Jamestown, LSS, Mr. Schroder and the village of Falconer.
Pine Hill Cemetery:
Trustee Gustafson reported that the new cemetery signs have been installed and noted that the cemetery crew worked very hard getting everything ready prior to the Memorial Day holiday. They also have been busy with cremation burials and will be starting to plan for fall tree planting.
The Zoning Board met recently and issued an area variance for Terry Ortner to build a 30’ x 44’ storage building. Mayor Jaroszynski asked if there has been anything further on the food trucks from the Planning Board. Trustee Gustafson noted that code enforcement was going to propose regulations to be presented to the planning board, but nothing has been submitted at this time.
211 East James
A letter was submitted from Mr. Durland, of 219 E. James Street, with an offer to purchase the village owned vacant lot at 211 E. James in response to the letter that was sent out to neighbors of the property. Trustee Dunn is in favor of selling the property. Mayor Jaroszynski noted that the 6K offer from Mr. Durland is lower than the 12K assessed value of the property. Trustee Gustafson would be in favor of marketing the property again as he would like to see a house built on the property. Mayor Jaroszynski will contact Heather Canaley to draw up a contract to market the property with the stipulation to build a house on the property within a designated time frame. Attorney Peterson clarified that there was previously a “right of reacquisition”, so if a house is not constructed within the time frame, the village would buy it back at 80% of the purchase price.
Disc Golf Update – Falconer Park – update was already discussed under Parks committee.
Code Enforcement Officer update- will be discussed in executive session
Senior Class Car Parade
The Falconer Senior Class would like to get the boards’ permission to have a car parade, as they have done the past few years, following the graduation ceremony on Thursday, June 22. They will be driving down Main Street from Falconer School to Alberta and then turn onto Falconer Street to head back to the school.
Summer Activities Flyer – a handout was given with the village summer activities
Busking request in Village Parks for donation
A person called into the office asking if busking, playing music for donations in a public place”, was allowed in the village parks. Normally busking is a spontaneous, not planned act. No action was taken by the board.
Trustee Gustafson’s letter, dated June 12, 2023, which acknowledged his review on June 11 and June 12, 2023 of the unpaid vouchers for Abstract #1 (FY 23/24) and bank reconciliations from M&T Bank and NYCLASS for the month of April 2023 was placed into record.
Motion: It is moved by Trustee Dunn and seconded by Trustee Gustafson that Abstract #1, General Fund in the revised amount of $65,120.01 be approved for payment with the exception that payment for the chimney work is pending Carl Caprino approval of the work. Roll: Gustafson: Aye, Trustee 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 #1, Cemetery Fund in the amount of $3,292.28 be approved for payment. Roll: Gustafson: Aye, Trustee 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 #1, Library Fund in the amount of $11,079.91 be approved for payment. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Motion: It is moved by Trustee Cavallaro and seconded by Trustee Miller that Abstract #1, General Fund Hand Items in the amount of $42,474.84 be approved for payment. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Trustee Dunn made a motion, seconded by Trustee Cavallaro to enter executive session to for the purpose of employment that particular people have presented at 7:30 pm. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
No formal action was taken during executive session.
Trustee Miller made a motion, seconded by Trustee Dunn, to exit executive session at 7:47 p.m. The motion passed unanimously.
Trustee Dunn made a motion, seconded by Trustee Miller, to appoint Alan Gustafson Sr. as the Village’s part-time, as-needed Code Enforcement Officer “to supplement when we’re short.” Roll: Gustafson: Abstain, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
DPW Superintendent Caprino returned to the meeting to discuss the basketball courts at Falconer Park. Chris Johnson from Chautauqua Court Resurfacing, the company selected to resurface the courts later this summer, expressed the concern that filling in the cracks in the current surface may not be enough to prevent future cracks in the new coating due to the settling of the original court foundation. The company suggested a RiteWay membrane system be installed to allow movement under the membrane without new cracks being visible.
Trustee Dunn made a motion, seconded by Trustee Miller, to approve (or authorize) Superintendent Caprino to work with Mr. Johnson on a quote in order to install the membrane system for a cost not to exceed $16,500 utilizing ARPA funds. (That amount includes the original installation cost of $10,500 that was quoted in the fall.) The motion passed unanimously.
Trustee Dunn made a motion, seconded by Trustee Cavallaro, to close the regular meeting at 8:04 p.m.
Cindy Capestrani, Village Clerk