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February 12, 2024 Regular Meeting

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief
Alan Gustafson Sr., Code Enforcement Officer-excused
Paul Capitano, Code Enforcement Officer-excused
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, February 12, 2024 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, and Mayor Jaroszynski were all present.

Visitors

Nina Gustafson
Vince Liuzzo
LJ Martin
Christopher Blakeslee – Post Journal
Brenda Weiler

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.

Visitor Comments

  • LJ Martin, Ashville, NY – representing the Chautauqua Lake Rowing Association requested permission from the board to use the upper floor of the Community Building again for practices starting March 4 through March 28 from 5:30-7:00 pm on Monday, Wednesday and Friday.  Mayor Jaroszynski did not see a problem with the request as there were no issues in the past when they used the facility. Contact the village clerk to finalize details or make any changes.
  • Vince Liuzzo, Jamestown, NY – handed out information from the Chautauqua Watershed Conservancy (CWC) with their plans to connect the Chadakoin River with the county waterway system. Benefits of this would be shared maintenance, funding and resources. CWC is looking to clear out 1.5 miles of the Chadakoin River in Falconer, and 1.8 miles in the Town of Ellicott. Their goal is to partner with Falconer for a portion of the overall cost for this project. They can then present the plan to Chautauqua County, the IDA, Community Foundation and some private organizations for assistance with the remainder of the funding. CWC would like to schedule time at a future board meeting to do a more in-depth presentation on the Falconer section as well as the big picture. In-kind services can be considered in combination of a monetary amount once a feasible number is agreed upon.

Minutes

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the minutes of the January 11, 2024 Work Session Board of Trustees Meeting.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Trustee Cavallaro made a motion, seconded by Trustee Gustafson, to approve the minutes of the January 11, 2024 Regular Board of Trustees Meeting.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Mayors Remarks

  • Dan Heitzenrater from the Chautauqua County Chamber of Commerce will be sending out information for the next Falconer Chamber meeting in February and would like to hold the meeting at their headquarters on the corner of Third and N. Main Street in Jamestown. It will be great opportunity to showcase their new location and some of the resources they have to offer.

Fire Chief

The Fire Chief’s January report was reviewed and noted that the department responded to 26 EMS incidents, 18 cancelled in route, 2 smoke detector malfunction, 2 alarm system unintentional, 2 building fires, 1 unintentional transmission of alarm, 1 motor vehicle with injury, 1 passenger vehicle fire, 1 alarm system malfunction, 1 odor of smoke scare, 1 chimney fire, 1 public service assistance, 1 medical EMS assist, 1 motor vehicle accident with no injury, 59 calls.

Mutual Aid Breakdown – January 2024
Given:  Jamestown-7, Frewsburg-4, Kennedy-3, Busti-1, Gerry-2, total 17 
Received:  Medic 74 -10, Alstar-5, Coroner-1, total 16

Highlights:

  • In response to a question raised by Trustee Cavallaro, Chief Webster reported that the infrastructure grant is not a matching grant, but the FEMA grant match is 5% of the awarded amount.
  • Trustee Cavallaro asked Chief Webster if he could provide in writing to the board the amounts that he is requesting for the FEMA and infrastructure grants. Chief Webster noted that he is applying for $92,500 from the FEMA grant to replace the filling station compressor which is 31 years old. For the infrastructure grant, he has quotes to replace the stairs to the mezzanine and a new generator for the fire hall. He is working with Steve Vanstrom who is getting a quote for a new roof on the fire hall. Once he gets all the quotes, he will provide the information to the board.
  • Review/Approval of 1 Membership Application
    Trustee Cavallaro made a motion, seconded by Trustee Dunn to approve Jamie Leigh Pacanowski into the Falconer Hose Company. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Code Enforcement

  •  Nothing to report.

Department of Public Works

The DPW report was submitted for the period January 4, 2024 – February 7, 2024. 

  • Superintendent Caprino provided information he had received from Super Seal, a sport surfacing company, including a list of references and information on their COOP Purchasing program. The information was forwarded to Trustee Miller to get more information for the board. Trustee Dunn had previously requested getting a cost to remove the fence surrounding the tennis courts, which would need to be done to get access for any resurfacing project. Superintendent Caprino will get a price for a future meeting.
  • The SPCA requested to have their drive thru rabies clinics at the DPW building again this year in March and April. 
  • The leaf machine is back after having to send it back for a few modifications. 
  • The new sidewalk plow will need to go back to have the frame re-aligned. This can wait until the end of the winter season and is covered under warranty.
  • Trustee Dunn asked where we are at on seeing a vehicle replacement schedule. Superintendent Caprino will provide this information when he reviews the budget with Treasurer Spunaugle.

Library  

The January 8, 2024 – February 12, 2024 Library report was reviewed. 

Highlights:

  • Jan Dekoff, the Library System Director, attended the library board meeting on January 18th. She provided the board with helpful information about their services. They are working on filling vacant board seats and the question was raised whether a library board member has to reside in the village. Attorney Peterson noted that since it is a volunteer position, a person should be able to be on the board if they reside within the district that the library services.
  • The library annual report is due to the system on February 16th. Thank you to Village Treasurer, Paula Spunaugle, for providing the financial part of the report.
  • The library is celebrating National Library Lovers Month with a “Blind Date with a Book” program. The books are wrapped with clues written on the front as to what the book is about. Library patrons who “rate the date” when they return the book will be entered into a drawing to win a gift card to PersNikkity Pies.
  • Contractor Nate Goot has still not responded to the certified letter that was sent to him asking for a detailed list with prices for the work that he completed. Attorney Peterson has sent out correspondence to Mr. Goot and is also waiting for a response. Several contractors have been contacted to provide quotes to complete the job. 
  • Culture Care Senior Living came to the library on February 8th. Representatives from Tanglewood Manor, Memory Garden, Frewsburg Rest Home, Comfort Today Adult Day Services and Spa, and the Cottages on the Pond shared what they can offer seniors in our community.

Committees:

Finance: 

  • Working on the budget – met with the Fire Advisory Board and will be meeting with the DPW.
  • Received the Q1 sales tax revenue as well as the payment from Auctions International for the sale of used equipment.

Legal:  

  • Falconer native, Elizabeth Hirz, will be the keynote speaker at the annual observance of Robert H. Jackson’s birth on Wednesday, February 21 in the Warren County Courthouse at 5:30 pm. Hirz is the first woman to serve as District Attorney in Erie County, Pennsylvania. The public is welcome to attend.
  • July 11, 2024 will be First Responder’s Night at the Tarp Skunk game.
  • Paula Blanchard, with Hanna Commercial Real Estate, is planning to re-list the property that the village owns on Main Street since the contract with Rob Savarino expired. Paula has had success in the past with other properties in Chautauqua County.

Public Safety:

  • The Dog Control Report for January was reviewed.
  • Special Dog Permits for 3 or more dogs
    DCO Matt Abbey inspected and approved 125 N. Ralph for the special use permit to house 3 dogs. Trustee Dunn made a motion, seconded by Trustee Cavallaro to accept the special permit for 3 dogs at 125 N. Ralph Avenue. Roll: Gustafson: Abstain, Dunn: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: none. Carried.

    DCO Matt Abbey inspected and approved 132 E. James for the special use permit to house 4 dogs. There was a discussion regarding the special use permit. Currently the permit only asks for the number of dogs and cats and should be revised to include the type of dogs as the size could affect the decision. The board would like have the resident attend the next board meeting so that they can ask a few questions before approving the permit. Clerk Capestrani will contact the resident.
  • The Fire Advisory Board is working on their operating budget. They have put together a tentative six-year budget outlook which will be presented to the board in March. Packets with all of the proposed budget information will be provided several weeks in advance of the meeting to give the board enough time to review. 
  • Fire Department Inspection Dinner will be held on May 4th – more information to follow.

Downtown Development:  

  • Nothing new to report

Farmers Market:

  • Nothing new to report

Parks:

  • Pickleball Court Discussion
    Nothing new to report as Trustee Miller was excused from the meeting.

Pine Hill Cemetery:

Trustee Gustafson reported that the current cemetery budget is very tight. Back in the 80’s, the cemetery land was turned over to the village and a fund was established at the Community Foundation. The cemetery is funded from the sale of plots, burials and from interest earned on the fund. Cemetery Superintendent Peter Fuller has scheduled a meeting with the Community Foundation to see if there is any way they can get additional money from the fund to help out this year as they have had increased labor costs as well as unexpected expenses removing downed trees. 

Attorney Peterson noted that according to the original agreement, the fund principal amount at the Community Foundation cannot be accessed.  If the cemetery cannot sustain itself in the future, then the Town would take over the cemetery. The local law which was passed in earlier years, states the “intent” was to not use taxpayer money to sustain the cemetery, but that law can be amended. 

The board feels that the taxpayers should not have to fund the cemetery. Trustee Gustafson noted that increasing labor and equipment costs, in addition to fewer burials as more people are opting for cremations are likely to continue to the cemetery budget issues.  Alternative options for revenue will need to be explored. 

  • Proposed Cemetery Price Increases
    Trustee Dunn made a motion, seconded by Trustee Gustafson to approve the rate increase proposed for Pine Hill Cemetery effective 1/1/2024.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Planning/Zoning Board: 

  • Still working on getting a quorum together for a Planning Board meeting. We are looking to see if there is interest from current members to combine the Planning & Zoning Board. It was noted that members can be appointed on both boards.
  • Planning Board Resignation
    Correspondence was received from Carmella Catanese to resign from the Planning Board.

Old Business:

  • NY Forward Grant Update
    Falconer was not selected this time around for the NY Forward Grant. 

    Mayor Jaroszynski will be meeting with Nate Aldrich and Rebecca Wurster from Chautauqua County Partnership for Economic Growth on February 20th to review what we can do better for the next NY Forward round. Trustee Gustafson and Nina Gustafson, who were both involved in the NY Forward board interview in Buffalo, will also be attending the meeting.

New Business: 

  • Set date for Village Clean Up Day
    Village Spring Clean Up Day is set for Saturday, May 4th, from 9:00 am to 12:00 pm.
  • Village Easter Egg Hunt
    Steve Cybart notified the village that the village Easter Egg Hunt will be held on Saturday, March 23rd at Falconer Park.  Letters will be sent out to area businesses looking for support for the event.
  • ARPA Committee Report
    The board was presented with a report showing the funding spent to date from the ARPA funds. Suggested potential projects for the remaining funding are:
    • Restoration of the Community Building Parapet and other repairs
    • Local Development Corporation start-up funding
    • Falconer Park Enhancements
    Mayor Jaroszynski noted that  the Village of Lakewood recently put out an RFP for a building feasibility study and we look into having a study done of the Community Building.
  • Best Value Competitive Bidding & Procurement
    The board reviewed the Town of Ellicott Best Value Competitive Bidding and Procurement local law. Attorney Peterson noted that the town law provided that this local law could be opted in. It is important to look at our current procurement policy at a future meeting to see if it can be amended via a resolution.
  • The board decided to hold a work session at 5:00 pm prior to the next board meeting on March 11, 2024 for the purpose of the Falconer Chadakoin River presentation from Twan Leenders and Vince Liuzzo. The Fire Advisory Board presentation will be scheduled under Public Safety.

Correspondence:      

  • Chautauqua Lake Rowing – FYI – use of large hall 
  • Falconer Street Department – expiring contract notification
    Trustee Miller and Trustee Cavallaro have been assigned to the contract negotiations with the Falconer Street Department Employee Association.
  • Abstract Audit – Trustee Gustafson
    Trustee Gustafson’s letter, dated February 12, 2024, which acknowledged his review on February11, 2024 of the unpaid vouchers for Abstract #9 (FY 23/24) and bank reconciliations from M&T Bank, Community Bank and NYCLASS for the month of December 2023 was placed into record.

Abstracts

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #9, General Fund in the amount of $59,127.78 be approved for payment.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #9, Cemetery Fund in the amount of $23.43 be approved for payment.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #9, Library Fund in the amount of $1,069.66 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Abstain, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Dunn that Abstract #9, General Fund Hand Items in the amount of $5,698.68 be approved for payment Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Trustee Dunn made a motion, seconded by Trustee Gustafson to adjourn the regular meeting at 8:12 p.m. Ayes-all. Motion carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk