September 11, 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
Alan Gustafson Sr., Code Enforcement Officer
Paul Andalora, Code Enforcement Officer
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director-excused
The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, September 11, 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. ALLCOMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWED AT A LATER TIME.
Brenda Weiler, Falconer resident:
- Inquired if the new light had been installed by the Santa house as it was brought up at a previous meeting. Superintendent Caprino noted that the light was installed a few weeks ago.
Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the August 14, 2023 Regular Board of Trustees Meeting. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
- Recently attended, along with several board members, the Falconer NY Neighborhood Watch meeting. There are still many concerns regarding the Budget Inn being used for transitional housing. Several county legislators have contacted him as well as stopped by PersNikkity Pies to speak with Nikki Pierce regarding this issue. The next meeting will be held on October 11 at 6:00pm in the Falconer Library.
- A meeting was held at 9:00am on 9/11 with several members from the Department of Social Services and County Attorney Patrick Slagle regarding the transitional housing issue in Falconer. They are interested in attending the next Neighborhood Watch meeting in October.
- Spoke with Rob Savarino, from Rob Savarino Development, and he is still interested in the Falconer Square project.
- The new “Coffee with a Cop” program, which meets with Sheriff Quattrone, will be held on Wednesday, 9/20 at 10:00am at PersNikkity Pies.
The Fire Chief’s August report was reviewed and noted that the department responded to 42 EMS incidents, 24 cancelled in route, 5 motor vehicle accidents, 3 assist invalid, 2 smoke detector malfunction, 2 alarm system malfunction, 1 cover standby, 1 wind storm assessment, 1 smoke scare, 1 building fire, 1 alarm unintentional, 1 chimney fire, 1 trash/rubbish fire, 86 calls, 613 total calls YTD.
Mutual Aid Breakdown – August 2023
Given: Jamestown-8, Frewsburg-5, Kennedy-5, Gerry-1, Fluvanna-1, total 20
Received: County Medic -15, Alstar-9, Fluvanna-1, Gerry-5, Kennedy-3, Kiantone-2, total 35
Trustee Cavallaro made a motion, seconded by Trustee Dunn to approve Elizabeth I. Thibault into the Falconer Hook and Ladder Co Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
The August code officer report was reviewed. It was noted 6 building permits totaling $678 were issued, 51 permits issued YTD.
- 319 Central Avenue – plans for demolition on hold.
- 221 E. Pearl Street – assisting owner to connect with an engineer to perform an evaluation of the structural damage and to design a plan for repairs.
- 102 E. Main Street – spoke with new owners that will be setting up new hearing aid business.
- Attended Neighborhood Watch meeting and will be attending the Southern Tier Building Officials Training Conference from 9/13-9/15.
- Have had conversations with Falconer Printing as they are proposing to construct an addition to their building that would require a variance from the Zoning Board.
Mayor Jaroszynski asked code to follow up regarding the medical marijuana sign in front of the new smoke shop. Also, Hanson Sign is interested in purchasing property on the corner of W. Elmwood and South Avenue that will require a zoning variance.
Department of Public Works
The DPW report was submitted for the period August 11, 2023 –
September 7, 2023.
- Falconer Park restrooms are now locked at 4:30 pm.
- Chimney parts are on order and the work will be on track to be completed before the cold weather arrives.
- Assisted Falconer Central School getting traffic lights and signs ready for the start of school.
- Dave Span is coming to look at the Moon Brook erosion at the end of the path in Falconer Park. The property on both sides of Moon Brook is owned by Mr. Schroeder so they will write up the problem to make him aware that it needs to be addressed. LSS also should be involved as well.
- Mayor Jaroszynski informed Superintendent Caprino to contact Paul Schneider regarding the water problem at Falconer Park as he is willing to assist finding the leak in the pipe to the rec building.
- The Chadakoin water cleanup at Jamestown Container is due to start this upcoming Wednesday.
- Cement pads for the concrete cornholes – will get with Ro Woodard as to suggested location in the park.
The August 14, 2023 – September 11, 2023 Library report was reviewed.
- Grand total from the 75th Annual Book Sale, donation jar, and on-going sale from last August is $5,569.86. Many thanks to the library board, staff, volunteers, DPW and village staff and community members for their help and support.
- The library participated in the Falconer School “Back to School Bash” on August 31st. Information about the library programs and volunteer opportunities was shared at the event.
- The state construction grant with the Chautauqua-Cattaraugus Library System was approved. The grant will help with the cost of replacing the handicapped accessible door. Construction on the front door is expected to start at the end of September.
- Story Hour classes for three-and four-year-old children are scheduled to begin on Wednesday, September 13.
- The Library Board will meet on Thursday, September 28th at 8:00 am.
- It was suggested at a previous meeting to schedule an audit once the reports were all filed for fiscal year 22/23 with the change in the treasurer position. Mayor Jaroszynski suggested setting up an audit with Vanstrom CPA firm which was used for a previous audit.
- Looking to switch payroll over to Bahgat & Laurito-Bahgat accounting firm in Fredonia. Will have a price comparison to review with current payroll company at next meeting.
- Will also have some budget modifications next month to adjust for the grants that we have received.
Attorney Peterson shared an old photo of Berglund Used Car Lot with a car hanging over the cliff behind their building off Falconer Street. It was a great eye-catching gimmick for their business as the headlights in the car would go on at night.
- Dog Control report for August was reviewed.
- Neighborhood Watch Group had previously mentioned they would like to get the 8:45 pm village horn working again. Peter Fuller reported that they have been working on it and making progress. Trustee Dunn mentioned he would be able to program an electronic timer for the horn and will work with Peter on it.
- The Fire Advisory Board would like to attend next month’s board meeting to go over figures for long range planning on future purchases. It was decided to hold a work session at 5:30 pm prior to the next board meeting on October 10th.
- The NY Forward Stakeholder Meeting will be held on September 12th at 6:00 pm in the Falconer Library.
Nothing new to report
- Thank you to the Falconer Rotary Club for hosting the recent Ribbon Cutting Ceremony for Disc Golf at Falconer Park.
- Continuing to get information regarding converting the tennis courts into pickle ball courts.
Pine Hill Cemetery:
- Nothing new to report
- There was a discussion earlier regarding a variance for Falconer Printing that may require a meeting in the future.
- Downtown Master Plan Project – Stakeholders Meeting
- Covered under Downtown Development
- Code Enforcement Officer – update
- Mayor Jaroszynski reported that two applicants were interviewed last month by Trustee Cavallaro and Trustee Gustafson and a part-time proposal was reviewed from current CEO Gustafson. He feels that due to the amount of code issues being reported monthly, the village needs a full-time code officer. CEO Gustafson has agreed to help out until the new CEO can complete the certification classes.
- Trustee Cavallaro’s recommendation to the board is to hire Paul Capitano as the new full-time code officer. Paul has a construction background, is familiar with the village as he has lived in the village for over 10 years. He is very eager to start the certification classes.
- Attorney Peterson mentioned Mayor Jaroszynski would have to recuse himself from the vote due to his relationship to the appointee. Trustee Gustafson asked to hold a discussion in executive session before the board votes.
Trustee Gustafson made a motion, seconded by Trustee Miller to table the vote. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, Jaroszynski: Aye. Nays: None. Carried.
- Property Exemption for Volunteer Firefighters
- NYS Legislature approved a partial tax exemption for volunteer firefighter members and several local municipalities have enacted local laws giving volunteer firefighters this exemption.
- Attorney Peterson stated that the state law has permitted local municipalities to write a local law to grant the partial tax exemption to a certified enrolled member of a volunteer fire department provided the property owned in the village is the primary residence used exclusively for residential purposes. The local municipality establishes a minimum service requirement between 2 and 5 years. There is a lifetime benefit for service over 20 years. Certification is done annually for members in good standing.
- The board feels the volunteer firefighters put in a lot of hours for training in addition to their service and would like to implement this exemption. They agreed upon a minimum service of 2 years.
- Attorney Peterson will work with Clerk Capestrani to draw up the local law for approval at a future meeting.
- Compensated Absence Agreement for Appointed Employees
- A contractual agreement for accumulated sick time up to120 days was presented to the board for current Treasurer Spunaugle and Clerk Capestrani to be added to the previous agreement with Treasurer Trask and Clerk Fales. The agreement is as follows:
The appointed employees mentioned above are entitled, at the time of his/her retirement or death from the village service to elect to receive cash payment at his/her present hourly or salaried rate for monetary value of vacation time, accumulated sick leave (up to 120 days), personal leave and floating holidays standing to his/her credit at the time of his/her retirement or death. If employee is dismissed, he/she shall only be entitled to cash value of unused vacation time and sick leave. In the event of death of the employee, payment shall be made to his/her beneficiaries as was designated by each individual on their NYS Retirement information.
Trustee Dunn made a motion, seconded by Trustee Gustafson, to add to the Supplemental Contractual Agreement for Accumulated Time regarding contracts for the Village of Falconer Treasurer, Paula Spunaugle and Village Clerk, Cindy Capestrani. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, Jaroszynski: Aye. Nays: None. Carried.
Trustee Dunn made a motion, seconded by Trustee Gustafson, to support the Falconer School Homecoming Parade and bonfire on Thursday, October 12 at 6:00 pm. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
Trustee Gustafson’s letter, dated September 11, 2023, which acknowledged his review on September 10, 2023 of the unpaid vouchers for Abstract #4 (FY 23/24) and bank reconciliations from M&T Bank, Community Bank and NYCLASS for the month of July 2023 was placed into record.
Motion: It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #4, General Fund in the amount of $108,022.71 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 Dunn that Abstract #4, Cemetery Fund in the amount of $599.90 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 #4 Library Fund in the amount of $1,199.06 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 #4, General Fund Hand Items in the amount of $4,960.22 be approved for payment. 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 move into executive session for the matter leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of particular persons at 7:11 p.m. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
No formal action was taken in executive session.
A motion to end the executive session was made at 7:48 p.m. by Trustee Dunn and seconded by Trustee Miller. The vote was unanimous.
A motion to take all previous motions off the table for the code enforcement officer was made by Trustee Cavallaro and seconded by Trustee Dunn. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
The roll was then called on the motion made earlier in the regular meeting to appoint Paul Capitano as the full-time code enforcement officer: Gustafson: Abstain, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Abstain. Nays: none. Carried.
A motion to close the regular meeting was made at 7:50 p.m. by Trustee Cavallaro and seconded by Trustee Miller. Roll: Gustafson: Aye, Dunn: Nay, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.
Cindy Capestrani, Village Clerk