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December 13, 2021 Regular Meeting

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

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
Eric Yager, Fire Chief
Alan Gustafson, Code Enforcement Officer
Paul Andalora, Code Enforcement Officer (Provisional)
Anna L. Fales, Village Clerk

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, December 13, 2021 at 7:00 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll

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

Parliamentary Procedure

SOCIAL DISTANCING PRACTICES WILL BE STRICTLY FOLLOWED AND MASKS ARE REQUIRED. VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE CHAIR.  THIS IS NOT THE PLACE OR TIME TO CONDUCT A DEBATE WITH ANYONE.  IT IS A MEETING TO DELIBERATE AS THE MAYOR AND BOARD OF TRUSTEES TO TRANSACT THE BUSINESS OF THE VILLAGE.  ALL REPORTS, REQUESTS, IF NECESSARY, WILL BE SUBMITTED TO THE RESPECTIVE COMMITTEE OR COMMISSION FOR FURTHER STUDY, INFORMATION GATHERING AND RECOMMENDATIONS.  ALL CORRESPONDENCE RECEIVED HAS BEEN PLACED WITH THE TRUSTEES AND IS ON FILE.

Visitors: 

Joseph Taylor, 25 E. Falconer Street, Malina and Vicky Sanders were present to observe the proceedings.

Minutes

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the November 8, 2021 regular meeting of the Mayor and Board of Trustees. Trustee Gustafson noted a correction should be made under the fire report to reflect mutual aid to Jamestown to read 101 calls YTD.  Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Library 

The November library report was reviewed.  At their November 18th meeting, the library board accepted Brandon Caruso’s resignation from the board with regret. The library board is scheduled to meet again on January 27, 2022. 

Director Becker thanked Trustee Gustafson for his work in recording and editing the “25 Days of Reading” project.  Major Jaroszynski thanked the library staff, Sandy Thies and Ashley Nelson for going above and beyond in assisting Clerk Fales in copying thousands of Pine Hill Cemetery records in advance of them being sent out for digitization.

November’s community project called “Stuff the Bird” incentivized patrons to donate non-perishable food items for the Falconer Food Pantry.  Participants were entered into a drawing to win one of two frozen turkeys.

The library was awarded a $4,850.00 grant from Cummins to be used to refurbish the library’s Young Adult area.

This month the library received $74.00 (copies/fax), $6.95(fines), $140.00 (Book Sales), and $805.00 (gifts & donations). 

 Code Enforcement

The October-November code enforcement report was reviewed:     

 This MonthYear to Date
Building Permits Issued232
Building Permits Pending4 
Building Permit Fees Collected$35.00$1,507.68
Building Inspections Performed1034
Certificates of Occupancy018
Certificates of Compliance04
Complaints Addressed14 

Mr. Andalora will be participating the first session of the NYS code enforcement training class from January 24-27th.

Department of Public Works

The DPW report was reviewed for the period November 5, 2021-December 9, 2021.   Superintendent Caprino reported that D&S Glass was the only window company that would reglaze the windows at the Firemen’s Exempt Hall.  Jamestown Glass would only replace the windows.  D&S Glass quoted $571.42 for reglazing repairs.  Mayor Jaroszynski gave his approval to move forward with the reglazing.

Fire Chief     

The chief’s November report was reviewed and noted that the department responded to 62-EMS, 0-medical assist, 0- false alarm, 3-structure fire, 0-grease fire, 0-truck fire, 0-fire alarms, 0-excessive heat-no fire, 0-MVA, 0-CO Alarm, 0-natural gas leaks, 0-truck stuck on tracks, 0-extrication rescue, 0-smoke in building, 0-trees down, 0- lines down, 0-flooded basements, 0- lift assist, 0-stand-by, and 27-dispatched then cancelled in November

Mutual Aid Breakdown- November

Given:  Jamestown-10, Frewsburg-9, Kennedy-3, Kiantone-2, Gerry-1, Fluvanna-0, Alstar-0, 0-assist to A-71 (driver), and Randolph-1.

Received: Medic 74-6, Kennedy-6, Frewsburg-0, Fluvanna-0, Gerry-1, Coroner-0, Kiantone-1, Alstar-4, Stat Medivac-1, and, Jamestown-0.

2022 Falconer Fire Department Line Officers as voted by department members:

Fire Chief Bryce Webster

1st Assistant Keith Babcock

2nd Assistant Avery Faulkner

3rd Assistant Tyler Stimson

Captains:
Brenton Yager
Cody Catalano

President Greg Scott

Vice President Kirsten Sisson

Treasurer Peter Fuller

Secretary Lela Perdue

Trustee Cavallaro made a motion, seconded by Trustee Dunn, to accept the fire department line officers as presented.    Roll:  Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried. 

Mayor Jaroszynski thanked Chief Yager for an outstanding service as fire chief in 2021.

Committees:

Public Safety:

Trustee Cavallaro reviewed the November Dog Control Report, noting DOC Belin was unable to locate two at large dogs reported along W. Main Street.

Finance:

Treasurer Trask’s November notes were reviewed.  At the recommendation of the board, Mayor Jaroszynski will be contacting County Legislator Lisa Vanstrom to request that the county take over the responsibility for the stop light system located on County Road 380 at Elmwood Avenue and Work Streets.

At the recommendation of Treasurer Trask, the board agreed that the purchase of a new finance system should be postponed.  The current system works sufficiently and is much more economical.

Parks:

Trustee Miller reported that the dog park plan is progressing forward.

Pine Hill Cemetery:

A motion was made by Trustee Gustafson, seconded by Trustee Dunn to add a $150 fee to the Pine Hill Cemetery Price List to be charged only for burials that require driving platforms.  Roll:  Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried. 

Planning Board:

A meeting was held on November 30th at 6:30 pm.  Trustee Gustafson reported that there was good discussion on the topic of food truck regulations with input from both food truck vendors and business owners. Next meeting is scheduled for January 11, 2022 at 6:30 pm.

Old Business:

The Santa parade was recapped noting that is seemed to be a huge success moving it to the evening.  The Gustafson’s noted that there were over a thousand people estimated to have attended.  The Falconer Rotary handed out 850 glow sticks to the children along the route.  Mayor Jaroszynski noted that he has had nothing but compliments from the public.

A motion was made by Trustee Dunn, seconded by Trustee Cavallaro, to purchase a double-sided electronic sign for the front of the Community Building at a cost of $41,998.83, bid through the Sourcewell contract, with the required $10,500.00 down payment to be paid out of excess 21/22 sales tax.

Trustee Gustafson stated that he likes the idea of the sign, but is not sure it is a good time right now for the village to spend $41, 988.83 on a sign.  He also questioned the location of the sign.  Roll:  Dunn: Aye, Gustafson, Nay, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried.  It was noted that Chautauqua Sign Co. was invited to bid on the project and after consideration, declined to participate in the bid.

New Business:

The ALS-BLS Joint Pre-Hospital Service Agreement was presented and discussed.   A question arose as to whether or not the fire department has to procedurally approve the agreement.  Attorney Peterson stated that the village trustees are the fire commissioners and therefore are responsible to approve the agreement.           

Mr. Steve Vanstrom, Fire Advisory Board, stated that this agreement will allow Falconer to continue to provide long-term EMS services.  The annual fund drive is only bringing about $20,000/year and the current ambulance payment is approximately $2,000.00 per month.  This agreement will allow a way for EMS to charge for their services. Several points within the contract were also reviewed prior to the vote.

Trustee Cavallaro made a motion, seconded by Trustee Dunn, to approve the above stated ALS-BLS contract between Chautauqua County and the Village of Falconer and that the mayor be given authority to execute the agreement, which will become effective upon the county executive’s signature.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried.

 Correspondence:      

Trustee Gustafson’s letter, which acknowledged his review of the November 2021 unpaid vouchers and bank reconciliations, was placed into record. 

Complaints from two village residents, regarding drainage, which were received by the clerk following the recent rainstorm, were reviewed.  Superintendent Caprino noted that he has addressed them directly with the residents.

Abstracts:

Motion:  It is moved by Trustee Dunn and seconded by Trustee Miller that Abstract #7, General Fund in the amount of $ 76,719.94 + $10,500 for the down payment on the electronic sign be approved for payment. Roll:  Dunn: Aye, Gustafson: 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 #7, Cemetery Fund in the amount of $ 205.86 be approved for payment.  Roll:  Dunn: Aye, Gustafson: 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 #7, Library Fund in the amount of $ 2,446.85be approved for payment.  Roll:  Dunn: Aye, Gustafson: 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 #7, General Fund Hand Items in the amount of $ 52,507.54be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Trustee Dunn made a motion, seconded by Trustee Miller to adjourn the meeting and enter into executive session to discuss litigation at 8:44 pm. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

No action taken.

Trustee Dunn made a motion, seconded by Trustee Miller to adjourn the executive session at 8:58 pm. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Trustee Dunn made a motion, seconded by Trustee Miller to adjourn the meeting at 8:58 pm. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Respectfully submitted,
Anna Fales, Village Clerk

August 9, 2021 Regular Meeting

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

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
W. Robert Morris, Code Enforcement Officer
Eric Yager, Fire Chief
Anna L. Fales, Village Clerk

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, August 9, 2021 at 7:00 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding.  

Pledge of Allegiance & Roll

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

Parliamentary Procedure

SOCIAL DISTANCING PRACTICES WILL BE STRICTLY FOLLOWED AND MASKS ARE REQUIRED. VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE CHAIR.  THIS IS NOT THE PLACE OR TIME TO CONDUCT A DEBATE WITH ANYONE.  IT IS A MEETING TO DELIBERATE AS THE MAYOR AND BOARD OF TRUSTEES TO TRANSACT THE BUSINESS OF THE VILLAGE.  ALL REPORTS, REQUESTS, IF NECESSARY, WILL BE SUBMITTED TO THE RESPECTIVE COMMITTEE OR COMMISSION FOR FURTHER STUDY, INFORMATION GATHERING AND RECOMMENDATIONS.  ALL CORRESPONDENCE RECEIVED HAS BEEN PLACED WITH THE TRUSTEES AND IS ON FILE.

Visitors:  

The following visitors were in attendance:  Peter and Jane Fuller of Falconer and Nina Gustafson, President of the Falconer Rotary Club.

Minutes

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the July 12, 2021 work session meeting of the mayor and board of trustees, as written, Roll:  Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Gustafson: Nay.  Carried. 

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the minutes of the July 12, 2021 regular meeting of the mayor and board of trustee, as written. Roll:  Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Gustafson: Nay.  Carried. 

Fire Chief        

The chief’s July report was reviewed and noted that the department responded to 50-EMS, 3-structure fire, 1-truck fire, 2-trese down, 4-fire alarms, 2-MVA, 1- lines down, 2 lift assist and 9-flooded basements, totaling 74 calls in July 

Mutual Aid Breakdown- July

Given:  Jamestown-7, Frewsburg-12, Kennedy-0, Kiantone-2, and Alstar-1:  totaling 22 (120-YTD).

Received: Medic 74-4, Kennedy-0, Frewsburg-0, Fluvanna-0, Gerry-2, Coroner-0, Kiantone-0, Alstar-1, Stat Medivac-1, and, Jamestown-0:  totaling 8 (69-YTD).

Code Enforcement

The code officer’s July report was reviewed and noted 5building permits were issued ($150.00), 22 YTD ($1,287.68), 5 building inspections performed (9 YTD), 0 certificates of occupancy (18 YTD), 0 certificates of compliance (2 YTD), N/R* phone calls/personal contact/email (90 YTD), N/R* complaints received/actions taken (31 YTD), 0 notices of violation mailed (0 YTD), 0 notice of violations solved (0 YTD).  (*N/R-July figures were not reported)

The property at 518 W. Falconer Street is currently being mowed by the mortgage company’s maintenance service, Safeguard Services.  They were asked to continue maintaining the property’s lawn throughout the rest of the season. 

Other property issues are being addressed by CEO Gustafson.  Fancher Chair Company submitted plans for an addition.

Department of Public Works

The DPW report was reviewed for the period July 8, 2021-August 5, 2021.   Superintendent Caprino reported that one of the garage doors had been damaged and will need to be replaced.  The following replacement quotes were submitted for approval from the board:

Plyler Entry Systems: Installation/Steel insulated (R-factor 16.2)/Oval windows $5,445.00

Plyler Entry Systems: Installation/Steel insulated (R-factor 16.2)/Square windows $5,345.00

(Both above quotes include prevailing wage labor, materials, removal of existing door and tax exemption)

S.I. Overhead Door Installation/Steel insulated (R-factor 10.5)/24” x12” windows $4,850.00

S.I. Overhead Door Installation/Steel insulated (R-factor 17.5)/24” x12” window $5,300.00

(Both above S.I. quotes include business owner only labor, removal of exiting door, installation, labor and materials and tax exemption)

Trustee Dunn noted that he was in favor of the more energy efficiency in an effort to support the village’s clean energy commitment.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to accept price quote #1067, from S.I. Overhead Door, as written, at a cost of $5300.00. Roll:  Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Gustafson: Nay.  Carried.

S.I. Overhead Door provided a general repair and maintenance quote for the service and adjustment of DPW overhead doors, which includes up to $25.00 of miscellaneous parts. 

Price quote #1069 $125.00 per door        

Superintendent Caprino also price quote # 1070 from S.I. Overhead Door for the service and adjustment of all the doors at the fire hall, including the installation of an extension of the emergency release which will allow the doors to be opened safely in case of a power outage.  

Price quote #1070 5 Doors x $265.00 $1,325.00 total

Trustee Dunn made a motion, seconded by Trustee Miller, to empower Superintendent Carl Caprino to hire Auction International, to sell the DPW’s used fuel tanks and fuel pumps for a service fee of 10% of the total sale price of the items.  It is understood that the Village will have the right to refuse any unacceptable offer. Roll:  Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Gustafson: Nay. Carried.

Superintendent Caprino reported that Brenton Yager is planning to leave his employment with the village DPW in the beginning April of 2022. In response to Mr. yager decision, Superintendent Caprino requested approval from the board to hire and train a replacement beginning Fall 2021.  The discussion was tabled in anticipation of a written notification from Mr. Yager. 

Mayor Jaroszynski notified the board that all full-time DPW employees were issued written notification, on August 3, 2021, outlining the Zero Tolerance policy, as it relates Marijuana use by Motor Safety Carrier Administration -CDL employees. These employees are governed under federal law, not state law.  A copy of the letter has been provided to all trustees for their review.   The Village’s Employee Handbook has been also been amended to reflect this policy.

The board reviewed an email from Joyce Stevenson, which she addressed to Trustee Cavallaro, dated August 2, 2021, regarding her concerns about the lack of drainage on Aldren Avenue. Following discussion, the board supported Trustee Cavallaro’s request to research the issue further.

Library  

The July library report was reviewed.  This month the library received $40.00 (copies/fax), $10.00 (fines), $50.00 (Book Sales), $3,093.00 (Summer in July Book Sale), $270.00 (gifts & donations), and $934.67 (other).  

Plans are in place to hold in person Story Hour again beginning in September, assuming no new COVID-19 restrictions by that time.

Historian, Brenda Cavallaro, under covered some interesting information concerning the construction of the village Community Building in 1921.  New articles document that the library had not originally been invited to be a part of the plan.  Instead, the library and the American Legion approached the village board for the use of rooms in the building with the idea to make the building a “community center”. In order to do so, residents voted on a $50,000 proposition to accommodate the Legion and the Library.  The proposition was submitted to the taxpayers on April 15, 1920.

Committees:

Public Safety:

The Fire Advisory Board continues meeting with the county regarding EMS calls & billing for some services.

Finance:

The AUD has been complete and filed with NYS.  The new year is set up and running.  Treasurer Trask reported that the village received the largest quarterly sales tax check in his 18 years as treasurer for the village, a little over $101,000.

Parks & Recreation:

The Falconer Rotary Club is interested in establishing a dog park in the village.  Nina Gustafson, Rotary President, has scheduled a meeting with village and town officials tomorrow night at 6 pm in the village board room.  Trustee Miller and Trustee Gustafson will represent the village at this meeting.

Pine Hill Cemetery:

Staff is in the process of trimming trees.

Old Business:

The Christmas in July event held on July 22-24th  was a great success.  Mayor Jaroszynski thanked Mr. and Mrs. Fuller for taking the lead on the event.  Mrs. Fuller noted that it was a great team effort.  The Fuller’s are already working on ideas to expand next years’ event.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to schedule a Public Hearing, pursuant to NYS Cannabis Law 131, on September 13, 2021, for the consideration of the allowing/disallowing establishments and licensing of retail cannabis sales and/or on-site consumption establishments to locate and operate within the village boundaries. Roll:  Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Gustafson: Nay.  Carried.  

Trustee Miller and Trustee Gustafson agreed to participate on the village’s ARPA (American Rescue Plan Act) committee to assist in identifying the most appropriate use of the funding.

New Business: 

The 2021-2024 Chautauqua County Snow Removal and Ice Control contract extension was reviewed. Superintendent Caprino was asked to confirm the accuracy of Appendix B- County Road list prior to executing the contract.

Correspondence:

Trustee Gustafson’s letter, dated August 9, 2021, which acknowledged his review of the July 2021unpaid vouchers on August 8, and bank reconciliations on August 8 and 9, was reviewed and placed into record.  

An email, dated July 26, 2021 was received from Katherine Delahoy, regarding a car wash fundraiser for the Falconer Junior Firefighters on August 14 and a spaghetti dinner fundraiser on August 24 from 4-8 pm. The board had no reservations to these requests as long as any current COVID restrictions at the time are followed.

Mayor Jaroszynski reported that Clerk Fales will be attending NYCOM training in Saratoga Spring, NY September 19-24th.  Other general correspondence was reviewed with no actions taken.

Abstracts:

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #3, General Fund in the amount of $ 265,888.89be approved for payment. Roll:  Dunn: Aye, Gustafson: 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 #3, Cemetery Fund in the amount of $ 2,625.04 be approved for payment.  Roll:  Dunn: Aye, Gustafson: 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 #3, Library Fund in the amount of $ 1,311.96be approved for payment.  Roll:  Dunn: Aye, Gustafson: 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 #3, General Hund Hand Items in the amount of $ 37,804.31be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Trustee Dunn made a motion, seconded by Trustee Cavallaro to adjourn into Executive Session at 8:30 pm. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Executive Session:

As recorded by Trustee Gustafson:

  • No formal action was taken.
  • A motion to end the executive session was made at 9:57 p.m. by Trustee Dunn and seconded by Trustee Cavallaro. The vote was unanimous.
  • A motion to close the regular meeting was made at 9:57 p.m. by Trustee Dunn and seconded by Trustee Miller. The vote was unanimous.

Respectfully submitted,
Anna Fales, Village Clerk

August 9, 2021 Work Session

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

Lawrence Trask, Treasurer
Anna L. Fales, Village Clerk

The work session meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, August 9, 2021 at 6:17 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll

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

Parliamentary Procedure

SOCIAL DISTTANCING PRACTICES WILL BE STRICTLY FOLLOWED AND MASKS ARE REQUIRED. VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE CHAIR.  THIS IS NOT THE PLACE OR TIME TO CONDUCT A DEBATE WITH ANYONE.  IT IS A MEETING TO DELIBERATE AS THE MAYOR AND BOARD OF TRUSTEES TO TRANSACT THE BUSINESS OF THE VILLAGE.  ALL REPORTS, REQUESTS, IF NECESSARY, WILL BE SUBMITTED TO THE RESPECTIVE COMMITTEE OR COMMISSION FOR FURTHER STUDY, INFORMATION GATHERING AND RECOMMENDATIONS.  ALL CORRESPONDENCE RECEIVED HAS BEEN PLACED WITH THE TRUSTEES AND IS ON FILE.

Visitors:        

No visitors were present.

New Business:

No new business discussed.

Old Business:

The opt-in/opt-out of Marijuana dispensaries and retail sale within the Village, in accordance with NYS Cannabis Law 131, was discussed.  Mayor Jaroszynski told the board that, to date, neither he nor the village office has heard from any residents in favor of dispensaries/retail sale of Marijuana in the village.

Trustee Miller provided a handout with additional information on the topic.  She said that it is important that the board listens to the constituents on this topic and also keep in mind that the village can always opt-in if they choose to do so at a later time.  Trustee Gustafson agreed and added that with an opt-out, the village” can see the ramifications down the road.”  He noted that per the Law, a municipality cannot opt-out later once you choose to opt-in.  Clerk Fales shared some points of discussion from Senator Borrello’s recent presentation to the Chautauqua County Municipal Clerks Association.  A public hearing on this topic will be set for September 13, 2021.

Mayor Jaroszynski and Treasurer Trask provided an overview of the Federal American Rescue Plan funding, how it is to be allocated and a brief review of its allowed uses, as they relate to Category 1 (proven revenue loss-unrestricted use) and Category 2 (restricted use) of the Plan.  Mayor Jaroszynski reported that the management team was asked to come up with ideas on how to best to spend these funds. Trustee Cavallaro stated that he feels the funds should be used for major projects, not basic repairs.  Mr. Trask stated that he would be working to calculate the amount, if any, of lost revenue which can be associated with the pandemic. He stated that he is awaiting further guidance on how the lost revenue is to be calculated.  

Trustee Dunn made a motion, seconded by Trustee Cavallaro to adjourn the work session at 6:57 pm.  Ayes: all. Nays: none. Carried.

Respectfully submitted,
Anna Fales, Village Clerk

Mayor Jaroszynski: Recapping 2020-21

Greetings,

During the past year, our Village and our Nation have endured the Global Pandemic, COVID-19. I want to take a moment to commend everyone for following Local, State and Federal guidelines so that we may continue to work our way out of this pandemic.

This past year has been a challenging one for all of us, from cancellation of parades, summer recreation programs and summer band concerts, to curtailing our Village and Library hours.

I, along with our Village Board of Trustees, have been carefully watching Village expenses and revenues during this time, to make sure purchases are done for absolute necessity while being fiscally responsible by holding off other projects and equipment purchases that are not essential. I wish to also commend Village Treasurer Larry Trask and Village Clerk Anna Fales for their diligent work during this time and for being a tremendous support to the Board and me.

2020 also brought some changes in Personnel to our Village. Highway Superintendent, Peter Fuller, retired in September and Deputy Supt. Carl Caprino was promoted to the Superintendent position. Congratulations Carl! Also, because of this change, there was a need to hire two new employees in the highway department. I am proud that we were able to fill those positions with two recent Falconer Central School graduates, Eric Kanouff and Brenton Yager. Welcome aboard Eric and Brenton! Village Highway employee, Avery Faulkner was also promoted to Deputy Highway Supt.

In 2019 our Code Enforcement Officer, Alan Gustafson Sr., resigned to take a position with another municipality in Chautauqua County. As a result, we hired Village resident Robert “Bob” Vorris. Bob has completed all the necessary state requirements for certification as Code Enforcement Officer and Fire Inspections. We are immensely proud of Bob for his willingness to learn and his dedication to the Village. Our goal in 2021 is to start fire inspections back up for businesses and industries located in the Village.

The Village Board of Trustees had a vacancy in early 2020. Village resident, Kipp Reynolds was appointed to fill this position. Kipp ran for election in November of 2020 and won, congratulations Kipp!

Deputy Mayor and Trustee, Mike Steele resigned from the Board at the end of 2020. Mike had served the Village well and his experience and knowledge will certainly be missed. Mike’s replacement on the Board will be another longtime resident, Anthony “Skip” Cavallaro. Welcome Skip.

During 2020 we were able to have some fun activities. In June of 2020, we had a Senior Graduation vehicle parade through the Village that was coordinated with Falconer Central School, This was highly successful, and the School and Village hope to do this again in 2021. In September, Falconer School’s Music Department Teacher, Michelle Battaglia had a “pop-up” patriotic band concert in Davis Park for Labor Day.

In December of 2020, former Falconer Fire Chief Bryce Webster coordinated a “Santa comes to Falconer” vehicle parade through the Village streets. This was also very well received and enjoyed by Village residents and children.

I would be remiss if I did not mention our Village Library Director Laurie Becker and her staff during this pandemic. Laurie and her staff, after a 100% shutdown, started with limited hours and curbside delivery to now being back open for normal hours. Laurie and her staff made it seem effortless.

Our Falconer Volunteer Fire Department had a change in leadership after elections were held in December 2020. Our new Chief is Eric Yager, 1st Assistant, Keith Babcock, 2nd Assistant, Avery Faulkner and 3rd Assistant, Tyler Stimson. Congratulations to everyone.

In 2020 the Village Board approved the purchase of a new 2021 Pierce Fire Engine Pumper to replace an aging engine in the Department. This was done after a recommendation from The Fire Advisory Board and Truck Committee. The Engine is due to arrive in Fall of 2021.

I look forward to seeing what 2021 brings, from honoring our Veterans on Memorial Day to our summer recreation program. I will keep everyone informed by way of this page or other announcements. Please keep wearing masks, social distancing and washing hands! Thank you!

Mayor James M. Jaroszynski

July 12, 2021 Regular Meeting

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

Gregory Peterson, Village Attorney 
Carl Caprino, DPW Superintendent 
Laurie Becker, Library Director 
W. Robert Morris, Code Enforcement Officer 
Eric Yager, Fire Chief 
Anna L. Fales, Village Clerk 

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, July 12, 2021 at 7:00 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding.   

Pledge of Allegiance & Roll

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

Parliamentary Procedure 

SOCIAL DISTANCING PRACTICES WILL BE STRICTLY FOLLOWED AND MASKS ARE REQUIRED. VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE CHAIR.  THIS IS NOT THE PLACE OR TIME TO CONDUCT A DEBATE WITH ANYONE.  IT IS A MEETING TO DELIBERATE AS THE MAYOR AND BOARD OF TRUSTEES TO TRANSACT THE BUSINESS OF THE VILLAGE.  ALL REPORTS, REQUESTS, IF NECESSARY, WILL BE SUBMITTED TO THE RESPECTIVE COMMITTEE OR COMMISSION FOR FURTHER STUDY, INFORMATION GATHERING AND RECOMMENDATIONS.  ALL CORRESPONDENCE RECEIVED HAS BEEN PLACED WITH THE TRUSTEES AND IS ON FILE. 

Visitors:   

Mayor Jaroszynski open the visitor portion of the meeting by reading the Parliamentary Procedure for board meeting.  He then called for comment from the floor. 

The following visitors were in attendance:  Joseph Taylor, and Mr. and Mrs. Randy Shenefiel, all of Falconer. 

Minutes 

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the June 14, 2021 meeting of the Mayor and Board of Trustees, with revision of documented Abstract amounts.  Trustee Gustafson noted that the fire report totals should have read; 23 total Mutual Aid Given and the code report should reflect 0 certificates of occupancy for the month, as reported on the May report. Roll:  Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Gustafson: Nay.  Carried.   

Fire Chief        

The chief’s June report was reviewed and noted that the department responded to 49-EMS, 1-structure fire, 1-brush fire, 1-tree down, 6-fire alarms, 1-MVA, and 1-smoke in building, totaling 60 calls in June.  

Mutual Aid Breakdown- June 

Given:  Jamestown-6, Frewsburg-16, Kennedy-1, Kiantone-2, and Alstar-1:  totaling 26. 

Received: Medic 74-3, Kennedy-3, Frewsburg-0, Fluvanna-0, Gerry-1, Coroner0, Kiantone-1, Alstar-4, and, Jamestown-0:  totaling 12.

Chief Yager reported $5,127.69 was collected from the Boot Drive.  Monies are to be used to build a gear dryer.  If something left over after that, the Chief noted that the department would like to purchase something for their membership, such as a shirt or hat. 

A motion was made by Trustee Cavallaro, seconded by Trustee Dunn, to accept the $60,000 offer from South Strabane Township, in Pennsylvania, for the sale of the 2000 Quantum Pumper truck.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.   

Code Enforcement 

The code officer’s June report was reviewed and noted 3 building permits were issued ($180.00), 17 YTD ($1,137.68), 1 building inspections performed (4 YTD), 0 certificates of occupancy (18 YTD), 0 certificates of compliance (2 YTD), 20 phone calls/personal contact/email (90 YTD), 15 complaints received/actions taken (31 YTD), 0 notices of violation mailed (0 YTD), 0 notice of violations solved (0 YTD).   

A motion was made by Trustee Dunn, seconded by Trustee Gustafson, to accept the Walter Robert Morris’s Letter of Resignation as Code Enforcement Officer, effective July 31, 2021, with regrets.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.    Mayor Jaroszynski voiced words of appreciation for Mr. Morris’s hard work and dedication to the village, wishing him well in his retirement. 

Mayor Jaroszynski once again noted that residents should be made aware that all swimming pools, building projects, sheds, etc. require a permit in the village.   

Department of Public Works 

The DPW report was reviewed for the period June 14, 2021-July 8, 2021.  

Library   

The June library report was reviewed.  This month the library received $63.00 (copies/fax), $5.00 (fines), $93.00 (Book Sales), $497.00 gifts & donations, and $300.00 other.   

The summer reading program began on June, 28, 2021.  Brian Nelson of the vac Shop has donated at least 4 bikes and helmets for our readers.  Burger King, McDonald’s, and Tim Hortons have donated coupons and Davis Rexroad of State Lanes donated two bowling balls, bags, and hand towels.  These items will be incorporated into the August summer reading fun. 

Committees: 

Public Safety:

One animal control complaint was received.  ACO Belin was unable to locate the animal.  Trustee Dunn made a motion, seconded by Trustee Cavallaro, to extend the Animal (Dog) Control contract with Belin Investigative Services for 1-year, June 2021-May 2022, at the same cost as the 2020-2021 contact.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Finance: 

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the FY 20/21 Budget modifications, transfers and year-end closing as written in Treasurer Trask’s summary report dated 7/9/2021 (attached) and to close out the Reserve Funds.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Trustee Gustafson made a motion, seconded by Trustee Dunn, to approve the FY 20/21 Budget as modified. Funds.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Trustee Cavallaro made a motion, seconded by Trustee Miller, to approve the closing of all Funds, effective May 31, 2021 in regards to the 20/21 FY Budget.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

The village received a letter confirming the receipt of its application to receive American Rescue Plan Funds.  The payments will be made in 2 installments-1/2 this year and the 2nd half next year. 

Treasurer Trask reported that Community Bank is now charging $25 per electronic transfer. 

Old Business: 

The Christmas in July event is set for July 22-24th.  The village has ordered posters, taken out newspaper ads, and will market the event through all social media avenues. 

New Business:  

The board has requested additional information on the legalization of marijuana before voting to opt-in or opt-out of allowing dispensaries in the village.  Mayor Jaroszynski encourages all residents to comment if they wish to do so by calling or emailing the village clerk.  Mayor Jaroszynski reported that Juneteenth will be an official village holiday starting in 2022 as per President Biden’s recent declaration to make Juneteenth a federal holiday.      

Correspondence: 

Several letters of appreciation were received for the village’s participation in recent events. 

Abstracts 

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #2, General Fund in the amount of $ 63,979.13 be approved for payment. Roll:  Dunn: Aye, Gustafson: 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 #2, Cemetery Fund in the amount of $ 923.47 be approved for payment.  Roll:  Dunn: Aye, Gustafson: 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 #2, Library Fund in the amount of $ 1,918.57 be approved for payment.  Roll:  Dunn: Aye, Gustafson: 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 #2, General Hund Hand Items in the amount of $ 61,884.01 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Trustee Dunn made a motion, seconded by Trustee Gustafson to adjourn the meeting at 8:00 pm. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Respectfully submitted,
Anna Fales, Village Clerk

July 12, 2021 Work Session

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

Lawrence Trask, Treasurer
Anna L. Fales, Village Clerk 
Gregory Peterson, Attorney 

The work session meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, July 12, 2021 at 6:24 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding.  

Pledge of Allegiance & Roll

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

PARLIAMENTARY PROCEDURE 

SOCIAL DISTTANCING PRACTICES WILL BE STRICTLY FOLLOWED AND MASKS ARE REQUIRED. VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE CHAIR.  THIS IS NOT THE PLACE OR TIME TO CONDUCT A DEBATE WITH ANYONE.  IT IS A MEETING TO DELIBERATE AS THE MAYOR AND BOARD OF TRUSTEES TO TRANSACT THE BUSINESS OF THE VILLAGE.  ALL REPORTS, REQUESTS, IF NECESSARY, WILL BE SUBMITTED TO THE RESPECTIVE COMMITTEE OR COMMISSION FOR FURTHER STUDY, INFORMATION GATHERING AND RECOMMENDATIONS.  ALL CORRESPONDENCE RECEIVED HAS BEEN PLACED WITH THE TRUSTEES AND IS ON FILE. 

Visitors:         

Steve Vanstrom, Chairmen of the Fire Advisory Board and Eric Tichy of the Post journal were present. 

New Business:

The board discussed the need for and required actions to include a food truck section to the village zoning law.  It was noted that there are currently 2 food trucks that regularly run a business in the village and three other trucks just outside of the village.   Food trucks are increasing in popularity and currently there are no regulations or fees for these businesses in the village zoning law. 

Trustee Miller stated that she felt that Jamestown’s pilot program addresses this issue very well, including the rational for allowing food trucks in a community. 

 Trustee Dunn stated that he is not opposed to some regulation.  Saying, “it makes good sense to have rules to ensure these businesses are acting appropriately” should the food truck business increase in the village. 

Mayor Jaroszynski suggested that this issue be sent to the village planning and zoning boards to have them develop a plan which can then be presented to the board of trustees for final approval. 

Steve Vanstrom presented the board with a purchase offer of $60,000, which was received from South Strabane Township, Washington, PA, for the sale of the 2000 Quantum Fire Pumper Truck.  According to Mr. Vanstrom, the truck committee and the Fire Advisory Board are both in agreement that the purchase offer is more than reasonable and recommend the village board consider the offer for approval.  The truck committee’s research showed that similar used trucks were selling for $25,000$35,000.  It was also noted that the interested party would like to take possession of the truck in midAugust, even though Falconer’s new pumper truck is not scheduled to be delivered until early September. Mr. Vanstrom stated that if an event requiring a pumper truck should arise in the interim, the situation would be covered by one of the remaining department vehicles and/or through mutual aid.   

The truck committee and specifically Skip Cavallaro, were recognized for their hard work and success on this project. 

The board quickly touched base on the upcoming action needed to Opt-in or to opt-out of Marijuana dispensaries in the village.  The board requested additional information on this topic.   

Mayor Jaroszynski briefly reviewed the agenda for the 7 pm regular monthly board meeting, noting that action will be requested for the extension of the dog control contract and also the acceptance of Mr. Morris’s resignation from his position as the village code enforcement officer. Noting that Alan Gustafson Sr. and David Rowe will assist the village in the interim until a new CEO can be hired.  

Trustee Dunn made a motion, seconded by Trustee Cavallaro to adjourn the work session at 6:50 pm.  Ayes: all. Nays: none. Carried.

Respectfully submitted,
Anna Fales, Village Clerk 

June 14, 2021 Regular Meeting

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

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
W. Robert Morris, Code Enforcement Officer
Eric Yager, Fire Chief
Anna L. Fales, Village Clerk
Brenda Cavallaro, Historian 

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, June 14, 2021 at 7:00 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding.   

Pledge of Allegiance & Roll

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

Public Hearing 

Trustee Dunn made a motion, seconded by Trustee Gustafson, to open a public hearing at 7:02 p.m.in consideration of the submission of a grant application to the New York State Office of Community Renewal for Community Development Block Grant Funding to be used for certain facility repairs and equipment upgrades and conduct certain remediation activities at its Falconer facility.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried.

The legal notice was presented by Mayor Jaroszynski.  Carol Rassmussen from the Chautauqua County Industrial Development Agency read the legal notice and the proposed Resolution Authorizing OCR Application in full to the public. Upon completion of the presentation, Ms. Rasmussen noted the public comment would now be received.  

Mayor Jaroszynski opened the floor for comment. There was no public comment. 

Trustee Cavallaro made a motion, seconded by Trustee Dunn, to close the public hearing at 7:13 pm. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Oath of Office

Mayor Jaroszynski duly appointed Annette Miller to replace Kipp Reynolds as Trustee.  Mrs. Miller was immediately sworn into office as Village Trustee by Clerk Fales. 

Mayor Jaroszynski welcomed Trustee Miller to the Board.  Mrs. Miller and her husband, Doug, reside on East Everett Street.  They have two adult sons, Tyler and Cooper.  Trustee Miller is principal of CC Ring School in Jamestown. 

Parliamentary Procedure 

SOCIAL DISTANCING PRACTICES WILL BE STRICTLY FOLLOWED AND MASKS ARE REQUIRED. VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE CHAIR.  THIS IS NOT THE PLACE

OR TIME TO CONDUCT A DEBATE WITH ANYONE.  IT IS A MEETING TO DELIBERATE AS THE MAYOR AND BOARD OF TRUSTEES TO TRANSACT THE BUSINESS OF THE VILLAGE.  ALL REPORTS, REQUESTS, IF NECESSARY, WILL BE SUBMITTED TO THE RESPECTIVE COMMITTEE OR COMMISSION FOR FURTHER STUDY, INFORMATION GATHERING AND RECOMMENDATIONS.  ALL CORRESPONDENCE RECEIVED HAS BEEN PLACED WITH THE TRUSTEES AND IS ON FILE. 

Visitors:   

Mayor Jaroszynski open the visitor portion of the meeting by reading the 

Parliamentary Procedure for board meeting.  He then called for comment from the floor. 

The following visitors were in attendance:  Joseph Taylor, Carol Rasmussen of the CCIDA, Nina Gustafson (Gerry), Carmella Catanese, Gary Visosky, Doug Miller, Brian Storms (Jamestown Container Corporation) and Pete Fuller all of Falconer. 

Mr. Visosky expressed his continued concerns regarding no fee food trucks in the village. 

Mrs. Cavallaro shared that the Community Building will be 100 years old this year.  During her research of the building, Mrs. Cavallaro discovered that in 1894, the village was looking for its first village hall.  

Minutes 

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the May 10, 2021 meeting of the Mayor and Board of Trustees, as written.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Fire Chief    

The chief’s May report was reviewed and noted that the department responded to 64EMS, 3-structure fire, 1-chimney fire, 5-fire alarms, 3-MVA, 1-natural gas leak, 1-fuel leak, and 1-lift assist., totaling 79 calls in May.  

Mutual Aid Breakdown- May 

Given:  Jamestown-6, Frewsburg-6, Kennedy-8, Randolph-1, and Gerry-0, Kiantone-2:  totaling 23. 

Received: Medic 74-5, Kennedy-5, Frewsburg-0, Fluvanna-0, Gerry-1, Coroner-0, Kiantone-1, Alstar-4, and, Jamestown-0:  totaling 16. 

The newer and dryer have been installed.  ESO set up is in process to record calls (replaced the old Firehouse system.  The fire department will be participating in an interior drill with Lakewood on 6/16, ESA baseball escort from Davis Park to Lyons Field on 6/13, 

FCS Graduation parade on 6/24, foaming of the field for senior class on 6/25 and 50/50 at Stateline Speedway on 6/26.  Permission was also granted for the fire department to participate in the Warren, PA 4th of July parade. This is a judged parade.  Fire Truck 401 will be out of service for the parade.  The annual Boot Drive will take place at the fourcorners of Main and Work Streets on July 10th, in conjunction with the village-wide yard sale days. 

Amotion was made by Trustee Cavallaro, seconded by Trustee Gustafson, to approve Kenny Santos as a member of the Falconer fire Department Hook and Ladder Company.  Kenny is an interpreter and has successfully passed the required medical and arson checks.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Code Enforcement 

The code officer’s May report was reviewed and noted 2 building permits were issued ($35.00), 15 YTD ($957.68), 2 building inspections performed (3 YTD), 0 certificates of occupancy (18 YTD), 0 certificates of compliance (2 YTD), 25 phone calls/personal contact/email (70 YTD), 10 complaints received/actions taken (21 YTD), 0 notices of violation mailed (0 YTD), 0 notice of violations solved (0 YTD).  There have been a large number of high grass calls. 

Mayor Jaroszynski noted that residents should be made aware that all swimming pools, building projects, sheds, etc. require a permit in the village.   

Department of Public Works 

The DPW report was reviewed for the period May 10, 2021-June 10, 2021.  

The milling of East Avenue, Mapleshade Avenue and Falconer Street is planned to take place July 6th and 7th.

Library

The May library report was reviewed.  This month the library received $33.00 (copies/fax), $15.00 (fines), $43.00 (Book Sales), $600.00 gifts & donations, and $1,827.68 other.   

On May 10th, the Ross grange donated a check to the library to use towards new materials. On Wednesday, May 12th Ashley Nelson completed the first ever full year of virtual Story hour sessions.  On May 19th, with COVID restriction lessened at the state and federal levels, the library board has approved the return of knitting and stamping groups in the library starting in June. 

Dawn Swanson has accepted the director position for the Kennedy Library.  Ashley 

Nelson will be stepping into Mrs. Swanson’s vacated position as part-time library page, starting June 17, 2021. 

Committees: 

Public Safety:

Mayor Jaroszynski reported that both the village and the school received calls from a concerned parent regarding the elimination of the crossing guard.  The mayor noted that the school resource officer will try to cover the crossing guard position for the remainder of the week. Trustee Cavallaro noted that the town of Ellicott police, sheriff officers and NY State police have been actively stopping traffic violators along east Main Street. 

Farmers Market: 

The market has been cancelled this year due to the resignation of Trustee Reynolds. Hannah Jaroszynski is no longer available to assist due to a college obligation.

Pine Hill Cemetery:

PINE HILL CEMETERY

**UPDATED SCHEDULE OF CHARGES TO BE EFFECTIVE 7/1/2021**

BURIALS:

BURIAL: MINIMUM SERVICE $700.00
includes opening
(If burial includes locating, removing and replacing of buried cremains, additional $100)
Saturday Burial: $850.00

BURIAL: CREMATED REMAINS $450.00
includes opening
Saturday Burial: $600.00

PURCHASE OF CEMETERY LOTS $700.00
single grave cost (maximum of 2 burials per grave)

GRAVE SIDE SERVISES WITHOUT FUNERAL HOME:
Tent (10’ x 10’) & Chairs (set up/tear down) $200.00
*larger tents and additional chairs will be priced at time of request-based on vendor charges

REMOVAL OF TREES (SMALL) & BUSHES $25.00 each

Grave Marker Rules and Restrictions

  • Each single grave can hold a maximum of two (2) burials per grave. Additional fees may apply.
  • Each single grave can only have 1(one) full sized grave marker (36” 14”) grave marker or a maximum of two (2) flush flat markers (24” x 12”).
  • Double lot maximum grave marker of 54” x 14”. Maximum four (4) flush flat grave markers (24” x 12”). Maximum two (2) per grave.

PINE HILL CEMETERY
FOUNDATION CHARGES

Marker SizeUp to 14” width
2/0$150.00

RESOLUTION # 40-2021  PINE HILL CEMETERY UPDATED RULES AND FEE STRUCTURE, DATED AND EFFECTIVE 7/1/2021 

A motion was made by Trustee Dunn, seconded by Trustee Gustafson, resolving to approve the revised Rules and Fee Structure, effective July 1, 2021, as presented by Mr. Fuller. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Old Business: 

Mr. Fuller gave a final update on the activities planned for the Christmas in July event:

Thursday, July 22Band Concert in Davis Park
Kiwanis Hot Dog Sale
Falconer Public Library Book Sale
Friday, July 23FFD Chicken BBQ
Caroling in Davis Park
Saturday, July 24Parade (noon)
Craft Show and Bazaar at the Fire Hall 

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the Falconer Fire department Ladies Auxiliary use of the fire hall and Santa in July parade beginning at 12 on July, 24, 2021 along the traditional Santa parade route starting at Falconer High School.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

New Business:  

RESOLUTION # 41-2021
VILLAGE OF FALCONER
ESTABLISHMENT OF DEPUTY TREASURER POSITION 

Trustee Dunn made a motion, seconded by Trustee Miller, resolving the Village of Falconer to establish a position of Deputy Treasurer with all the rights and responsibilities of the Village Treasurer position, at a salary of $.01/year. Roll:  Dunn: Aye, Gustafson: 

Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

RESOLUTION # 42-2021
VILLAGE OF FALCONER
APPOINTMENT OF DEPUTY TREASURER 

Trustee Dunn made a motion, seconded by Trustee Cavallaro, resolving that the Village of Falconer appoint Anna Fales Deputy Treasurer for the Village of Falconer, effective immediately.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

RESOLUTION # 43-2021 (Print PDF)
VILLAGE OF FALCONER
Section 3 Participation Plan
For Section 3 Covered Contracts

Background: 

Section 3 of the Housing and Urban Development Act of 1968, as amended, (“Section 3”) requires that economic opportunities generated by certain U.S. Department of Housing and Urban Development financial assistance for housing and community development programs be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and business concerns which provide economic opportunities to low- and very low income persons1.

Pursuant to Section 3 of the Housing and Urban Development Act of 1968, as amended and 24 CFR Part 135, the Village of Falconer (the “Village”) adopts this Section 3 Participation Plan for Section 3 Covered Contracts. The policy will provide direction for implementing Section 3, when required. 

Policy Statement: 

The Village shall provide opportunities to low- and very low-income persons residing in the State of New York (as defined in § 135.5 of 24 CFR Part 135) and to businesses meeting the definition of “Section 3 Business Concern” (as defined by 24 CFR Part 135). 

Accordingly, the Village shall implement policies and procedures to ensure that Section 3, when required, is followed and develop programs and procedures necessary to implement this policy covering all procurement contracts where labor and/or professional services are provided. This policy shall not apply to contractors who only furnish materials or supplies through Section 3 covered assistance. It will apply to contractors who install materials or equipment. (See the definition of “Section 3 Covered Contracts” below.) There is nothing in this policy that should be construed to require the employment or contracting of a Section 3 resident or contractor who does not meet the qualifications of the position to be filled or who cannot fulfill the contract requirements. 

Definitions: 

The Village incorporates into this policy the definitions contained in § 135.5 of 24 CFR Part 135. 

Defined Terms of Policy: 

Section 3 – Section 3 is a provision of the Housing and Urban Development Act of 1968, which recognizes that HUD funds are typically one of the largest sources of federal funding expended in communities through the form of grants, loans, entitlement allocations and other forms of financial assistance. Section 3 is intended to ensure that when employment or contracting opportunities are generated because a covered project or activity necessitates the employment of additional persons or the awarding of contracts for work, preference must be given to low- and very low-income persons or business concerns residing in the community where the project is located. 

Section 3 Recipient – means any entity which receives Section 3 covered assistance, directly from HUD or from another recipient and includes, but is not limited to, any State, unit of local government, PHA, IHA, Indian tribe, or other public body, public or private nonprofit organization, private agency or institution, mortgagor, developer, limited dividend sponsor, builder, property manager, community housing development organization, resident management corporation, resident council, or cooperative association. Recipient also includes any successor, assignee or transferees of any such entity, but does not include any ultimate beneficiary under the HUD program to which Section 3 applies and does not include contractors. 

Section 3 Resident – A section 3 resident is: 

  • a public housing resident; or 
  • a low- or very low-income person residing in the metropolitan area or non- metropolitan county in which the Section 3 covered assistance is expended. 

Section 3 Business Concern(s) – Section 3 Business Concerns are businesses that can provide evidence that they meet one of the following: 

  • 51% or more owned by Section 3 residents; or 
  • At least 30% of its full-time employees include persons that are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 
  • Provides evidence, as required, of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications in the above two paragraphs. 

Section 3 Covered Assistance– Public and Indian housing development, operating or capital funds; or other housing assistance and community development assistance expended for housing rehabilitation, housing construction or other public construction projects, such as: CDBG, HOME, 202/811, Lead-Based Paint Abatement, etc. 

The following definition for Section 3 Covered Assistance comes from 24 CFR 135.5: 

Public and Indian housing development assistance provided pursuant to section 5 of the 1937 Act; 

  1. Public and Indian housing operating assistance provided pursuant to section 9 of the 1937 Act; 
  2. Public and Indian housing modernization assistance provided pursuant to section 14 of the 1937 Act; 
  3. Assistance provided under any HUD housing or community development program that is expended for work arising in connection with: 
    1. Housing rehabilitation (including reduction and abatement of lead- based paint hazards, but excluding routine maintenance, repair and replacement); 
    2. Housing construction; or 
    3. Other public construction project which includes other buildings or improvements, regardless of ownership. 

Section 3 Covered Contract – means a contract or subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of Section 3 Covered Assistance, or for work arising in connection with a Section 3 Covered Project. “Section 3 Covered Contracts” do not include contracts awarded under HUD procurement program, which are governed by the Federal Acquisition Regulation System (see 48 CFR, Chapter 1). “Section 3 Covered Contracts” do not include contracts for the purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, the contract constitutes a Section 3 Covered Contract. For example, a contract for the purchase and installation of a furnace would be a Section 3 Covered Contract because the contract is for work (i.e., the installation of the furnace) and thus is covered by Section 3. 

Section 3 Covered Project – A Section 3 covered project involves the construction or rehabilitation of housing (including reduction of lead-based paint hazards), or other public construction such as street repair, sewage line repair or installation, updates to building facades, or other public construction, etc. 

Section 3 Covered Community Planning and Development Funding – Community 

Development Block Grants (CDBG), Home Investment Partnership Assistance (HOME), Emergency Shelter Grants (ESG), Neighborhood Stabilization Programs (NSP), and certain grants awarded under HUD Notices of Funding Availability (NOFA). The requirements for Section 3 only apply to the portion(s) of covered funding that were used for project/activities involving housing construction, rehabilitation, demolition, or other public construction.

Section 3 Thresholds – The requirements of Section 3 are applicable to HUD’s direct “recipients” –for Section 3 covered project(s) for which the amount of the assistance is more than $200,0002

Contractors and Subcontractors are also subject to Section 3’s requirements when performing any type of activity on Section 3 covered activity for which the amount of the assistance is in excess of $200,000 and the contract or subcontract exceeds $100,000.3

If a recipient receives Section 3 covered housing construction or public infrastructure or community development assistance in excess of $200,000, but no individual contract exceeds $100,000, Section 3 requirements will only apply to the recipient. 

Finally, it should be noted that there are no thresholds for Section 3 covered Public and Indian Housing assistance.That is, all activities related to Public and Indian Housing assistance are covered by Section 3 regardless of the amount. 

Responsibilities: 

  1. If the Village receives community development or housing assistance covered by Section 3, it has the responsibility to comply with Section 3 in its own operations. This responsibility includes:
    • Notifying Section 3 residents and businesses about job opportunities and contracts generated by Section 3 covered assistance so that residents may seek jobs and businesses may submit bids/proposals for available contracts; 
    • Notifying potential contractors of the objectives of Section 3 and ways in which each contractor can assist the sub-recipient to meet its goal;
    • Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns; and 
    • Documenting the action that the sub-recipient takes to comply with the Section 3 requirements, the results of the actions, and impediments, if any. 
  2. The Village has a responsibility to “ensure compliance” of their contractors and subcontractors. This means that a sub-recipient must:
    • Notify contractors of their responsibilities under Section 3 including, but not limited to, incorporating the Section 3 Clause in contract documents.
    • Refrain from entering into contracts with contractors that are in violation of the regulations in 24 CFR Part 135.
    • Respond to complaints made to the recipient by Section 3 residents or business concerns that the sub-recipient, a contractor or subcontractor, is not in compliance with 24 CFR Part 135.
    • Cooperate with HUD in obtaining the compliance of contractors and subcontractors when allegations are made that the sub-recipient’s contractors and subcontractors are not in compliance with the regulation of 24 CFR Part 135.

Goals: 

All contractors undertaking Section 3 covered projects and activities are expected to meet the Section 3 requirements. To demonstrate compliance with the “greatest extent feasible” requirement of Section 3, contractors must meet the goals set forth below for providing training, employment and contracting opportunities to Section 3 residents and Section 3 business concerns. To meet the goals, contractors must select Section 3 residents based on the following priorities pursuant to § 135.34, 24 CFR Part 135: 

  • First Priority – Residents of the development where the work is to be performed. 
  • Second Priority – Other residents of the neighborhood where the work is to be performed. 
  • Third Priority – Other residents of the neighborhood who are participants in HUD-Youthbuild or others federal, state, and local job programs being carried out in the city or county area. 
  • Fourth Priority – Other persons from the project metropolitan area who meet the definition of Section 3 resident contained in § 135.5 of 24 CFR Part 135. 

Employment: 

All contractors will seek low- or very low-income persons residing in the property metropolitan area for 30% of all new hires. When applicable, the contractor must show evidence of seeking project residents for 15% of the new hires. 

Eligibility for employment or contracting -nothing in this policy shall be construed to require the employment or contracting of a Section 3 resident or contractor who does not meet the qualifications of the position to be filled or who cannot perform the contract. 

Preference for Section 3 Business Concerns: 

Preference shall be awarded to Section 3 Business Concerns according to the following system: 

  1. Where the Section 3 Covered Contract is to be awarded based upon the lowest price, the contract shall be awarded to the qualified Section 3 Business Concern with the lowest responsive quotation, if it is reasonable and no more than 10 percent higher than the quotation of the lowest responsive quotation from any qualified source. If no responsive quotation by a qualified Section 3 Business Concern is within 10 percent of the lowest responsive quotation from any qualified source, the award shall be made to the source with the lowest quotation.
  2. Where the Section 3 Covered Contract is to be awarded based on factors other than price, a request for quotations shall be issued by developing the particulars of the solicitation, including a rating system for the assignment of points to evaluate the merits of each quotation. The solicitation shall identify all factors to be considered, including price or cost. The rating system shall provide for a range of 15 to 25 percent of the total number of available rating points to be set aside for the provision of preference for Section 3 Business Concerns. The purchase order shall be awarded to the responsible firm whose quotation is the most advantageous, considering price and all other factors specified in the rating system. 

Competitive Bids: Procurement by Sealed Bids (Invitations for Bids) 

Preference in the award of Section 3 Covered Contracts that are awarded under a sealed bid process may be provided as follows: 

  1. Bids shall be solicited from all businesses (i.e., Section 3 Business Concerns and non- Section 3 Business Concerns). An award shall be made to the qualified Section 3 Business Concern with the highest priority ranking (as defined in 24 CFR Part 135) and with the lowest responsive bid if that bid:
    1. is within the maximum total contract price established in the Village’s budget for the specific project for which bids are being taken; and 
    2. is not more than “X” higher than the total bid price of the lowest responsive bid from any responsible bidder. “X” is determined as follows: 

      X = lesser of: 
      • When the lowest responsive bid is less than $100,000 …… 10% of that bid or $9,000
      • When the lowest responsive bid is:
        • At least $100,000, but less than $200,000 …… 9% of that bid or $16,000
        • At least $200,000, but less than $300,000 …… 8% of that bid or $21,000
        • At least $300,000, but less than $400,000 …… 7% of that bid or $24,000
        • At least $400,000, but less than $500,000 …… 6% of that bid or $25,000
        • At least $500,000, but less than $1 million …… 5% of that bid or $40,000
        • At least $1 million, but less than $2 million …… 4% of that bid or $60,000
        • At least $2 million, but less than $4 million …… 3% of that bid or $80,000
        • At least $4 million, but less than $7 million …… 2% of that bid or $105,000
        • $7 million or more …… 1.5% of the lowest responsive bid, with no dollar limit.
  2. If no responsive bid by a Section 3 Business Concern meets the requirements of paragraph 1 of this section, the contract shall be awarded to a responsible bidder with the lowest responsive bid. 
  3. In both paragraphs 1 and 2 above, a bidder, to be considered as responsible, must demonstrate compliance with the “greatest extent feasible” requirement of Section 3. 

Compliance: 

HUD holds HCR accountable for compliance with Section 3 requirements. In contracts entered into with HCR, recipients agree to comply with Section 3. When a housing partner is unable to meet Section 3 goals, HCR will place the burden of proving compliance with Section 3 on the recipient. 

The minimum numerical goal for employment 30 percent of the aggregate number of new hires shall be Section 3 residents annually—i.e., 1 out of 3 new employees needed to complete a Section 3 covered project/activity shall be a Section 3 resident. 

The minimum goals for contracting are: 

  • Ten percent of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing or building trades work arising in connection with housing rehabilitation, housing construction and other public construction, shall be awarded to Section 3 businesses; and
  • Three percent of the total dollar amount of all non-construction Section 3 covered contracts, shall be awarded to Section 3 businesses. 

Safe harbor and compliance determinations: In the absence of evidence to the contrary (i.e., evidence that efforts to the “greatest extent feasible” were not expended), if the Village or contractor meets the minimum numerical goals shown above, the recipient or contractor is considered to have complied with Section 3 preference requirements. 

The Village will be expected to demonstrate why it was not feasible to meet the goals. At a minimum, if recipients of Section 3 Assistance are unable to meet their Section 3 training, hiring, and contracting goals, they should sponsor or participate in upward mobility programs, hire eligible residents in trainee positions with regard to training and employment, or form Section 3 joint ventures with various local employment agencies. 

Data Collection and Reporting: 

The Village will collect and submit required Section 3 data and complete Section 3 reporting requirements. 

Trustee Dunn made a motion, seconded by Trustee Gustafson, resolving that the Village of Falconer shall adopt and comply with the Section 3 Participation Plan, as written.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

RESOLUTION # 44-2021 (Print PDF)
VILLAGE OF FALCONER
AUTHORIZING THE ADOPTION OF A FAIR HOUSING PLAN IN CONNECTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 

WHEREAS, the Village of Falconer (the “Village”) is applying for a grant from the New 

York State Housing Trust Fund Corporation (hereinafter the “HTFC”) represented by the New York State Office of Community Renewal (hereinafter the “OCR”) through the Community Development Block Grant (hereinafter “CDBG”) Program for the purpose of assisting Jamestown Container Corporation in certain facility and equipment upgrades and remediation activities at its facility within the Village (the “Project”), and  

WHEREAS, OCR requires that a municipality receiving a grant of CDBG funds adopt a Fair Housing Plan and appoint a Fair Housing Officer; and 

WHEREAS, the Village wishes to adopt a Fair Housing Plan in order to meet OCR requirements and permit the application for funding for the Project to go forward. 

NOW THEREFORE BE IT RESOLVED, that the Village of Falconer Board of Trustees hereby adopts the Fair Housing Plan, as presented to the Board; and 

BE IT FURTHER RESOLVED, that James Jaroszynski, Mayor is appointed as the Village’s Fair Housing Officer. 

Trustee Dunn made a motion, seconded by Trustee Cavallaro, resolving that the Village of Falconer shall adopt and comply with the Fair Housing Plan in Connection with the Community Development Grant Funding, as written and that James Jaroszynski shall be appointed as the Village’s Fair Housing Officer, at a salary of $.01/year.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

RESOLUTION # 45-2021 (Print PDF)
VILLAGE OF FALCONER
CONFIRMING THE AMERICANS WITH DISABILITIES COORDINATOR FOR THE VILLAGE OF FALCONER; APPROVING THE NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT AND APPROVING THE GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT 

Be it RESOLVED, that the Board of Trustees of the Village of Falconer confirms that Anna Fales, Village Clerk will act as the Americans with Disabilities Act Coordinator for the Village of Falconer; and be it FURTHER RESOLVED, that this Board approves the following Notice under the Americans with Disabilities Act:  

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT 

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), the Village of Falconer will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.   

Employment: The Village of Falconer does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.   

Effective Communication: The Village of Falconer will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the Village of Falconer programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.   

Modifications to Policies and Procedures: The Village of Falconer will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.  For example, individuals with service animals are welcomed in the Village of Falconer offices, even where pets are generally prohibited.   

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the Village of Falconer, should contact the office of the ADA Coordinator, Anna Fales, Village Clerk, at 101 West Main Street, Falconer, NY 14733, at (716) 665-4400 or e-mail at afales@villageoffalconer.com  as soon as possible but no later than 48 hours before the scheduled event.   

The ADA does not require the Village of Falconer to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.   

Complaints that a program, service, or activity of the Village of Falconer is not accessible to persons with disabilities should be directed to ADA Coordinator, Anna Fales, Village Clerk, at 101 West Main Street, Falconer, NY 14733,  at (716) 665-4400 or e-mail at afales@villageoffalconer.com.

The Village of Falconer will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. 

and be it 

 FURTHER RESOLVED, that this Board approves the following Grievance Procedure under the Americans with Disabilities Act: 

GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT 

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (ADA).  It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Village of Falconer.  Employment related complaints of disability discrimination are covered elsewhere, in policies available from the human resources office of the Village of Falconer. 

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date and description of the problem.  No particular format of the complaint is required.  Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.   

The complaint should be submitted in writing by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:  

ADA Coordinator 
101 West Main Street 
Falconer, NY 14733 

Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions.  Within 15 calendar days of the meeting, the ADA Coordinator or his/her designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape.  The response will explain the position of the Village of Falconer and offer options for substantive resolution of the complaint.   

If the response by the ADA Coordinator or his/her designee does not satisfactorily resolve the issue, the complainant and or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the agency head or his/her designee.   

Within 15 calendar days after receipt of the appeal, the agency head or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with the agency’s final resolution of the complaint, or indicating that the matter has been returned to the ADA Coordinator for further action.  If further response is indicated, the complainant will be contacted within 15 calendar days.   

All written complaints received by the ADA Coordinator or his/her designee, appeals to the agency head or his/her designee, and responses from these two offices will be retained by the Village of Falconer for at least three (3) years. 

Trustee Gustafson made a motion, seconded by Trustee Miller, resolving that the Village of Falconer shall confirm Anna Fales as Americans with Disabilities Act Coordinator for the Village of Falconer, at a salary of $.01/year.  It is further resolved that the Village shall approve the Notice under the Americans with Disabilities Act and approve the grievance procedure under the Americans with Disabilities Act, as written.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

RESOLUTION # 46-2021 (Print PDF)
VILLAGE OF FALCONER
AUTHORIZATION TO SUBMIT A GRANT APPLICATION TO THE NEW YORK STATE OFFICE OF COMMUNITY RENEWAL FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

WHEREAS, Jamestown Container Corporation (the “Company”) proposes to make certain facility repairs and equipment upgrades and conduct certain remediation activities at its facility within the Village of Falconer at an estimated cost of $1.6 million (the “Project”), and 

WHEREAS, the Company and the Chautauqua Region Economic Development Corporation (“CREDC”) have requested that the Village of Falconer (the “Village”) apply for funding from the New York State Office of Community Renewal (the “OCR”) to finance a portion of the machinery and equipment and working capital costs associated with the Project, and 

WHEREAS, the CREDC is assisting in the facilitation of the Project and has requested that the Village provide the OCR funding to CREDC as a grant for the purpose of making a loan or loans to the Company, and 

WHEREAS, the Project will result in substantial benefit to the Village in the form of an estimated 90 retained labor positions and an estimated 10 new full-time equivalent employment positions, and 

WHEREAS, the Village has held a public hearing to obtain citizens’ views regarding the CDBG program as administered by OCR and the Project. 

NOW, THEREFORE, BE IT  

RESOLVED, that the Village Mayor is hereby authorized to submit a grant application on behalf of the Village of Falconer for an amount to be determined by OCR, but not to exceed $750,000, such amount to be provided as a grant to CREDC to provide financing to the Company for a portion of the machinery and equipment and working capital costs associated with the Project and to fund grant administration costs, and be it further 

RESOLVED, that the Village Mayor is hereby authorized to execute a grant agreement between the Village and the OCR and all related documents associated with the OCR grant, including entering into a grant agreement with CREDC for the implementation of the Project and administration of the OCR grant, all such documents to be subject to review and approval by the Village Attorney, and be it further 

RESOLVED, that the Village Mayor is hereby designated as the Environmental Certifying Officer for the purposes of complying with the applicable federal environmental review requirements for the OCR grant. 

Trustee Dunn made a motion, seconded by Trustee Cavallaro, resolving that the Village of Falconer authorize to submit a grant application to the New York State Office of Community Renewal for the Community Block Grant Funding on behalf of the Jamestown Container Corporation, as read by Mayor James Jaroszynski, for the proposes to make certain facility repairs and equipment upgrades and conduct certain remediation activities at its facility within the Village of Falconer at an estimated project cost of $1.6 million.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Correspondence: 

Trustee Jaroszynski entered into record a disclosure letter from Library Director Becker, noting that her husband, Tim Becker, is employed by the library as the computer technician and receives a salary through the Falconer Public Library’s Anderson Roush Grant fund. Trustee Gustafson’s letter, dated June 14, 2021, which acknowledged his review of unpaid vouchers for the month of May 2021, was reviewed and placed into record 

Abstracts 

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #1, General Fund in the amount of $ 40,534.71 be approved for payment. Roll:  Dunn: Aye, Gustafson: 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 $ 5,024.18 be approved for payment.  Roll:  Dunn: Aye, Gustafson: 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 $ 2,753.10 be approved for payment.  Roll:  Dunn: Aye, Gustafson: 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 #1, General Hund Hand Items in the amount of $ 33,645.51 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to adjourn the meeting at 8:23 pm. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Respectfully submitted, 
Anna Fales, Village Clerk


124 CFR 135.1
2 See 24 CFR 135.3 (a) (3) (ii). 
3 24 CFR 135.3 at 135 (3) (ii) (B).
4 Id. at 135.3 (a) (3) (i). 

May 10, 2021 Regular Meeting

Mayor James M. Jaroszynski  
Trustee Timothy Dunn
Trustee Kipp Reynolds 
Trustee Anthony Cavallaro 

Gregory Peterson, Village Attorney 
Carl Caprino, DPW Superintendent 
Laurie Becker, Library Director 
W. Robert Morris, Code Enforcement Officer 
Eric Yager, Fire Chief
Anna L. Fales, Village Clerk 

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, May 10, 2021 at 7:00 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding.   

Pledge of Allegiance & Roll

Trustee Dunn, Trustee Gustafson, Trustee Reynolds, Trustee Cavallaro, and Mayor Jaroszynski were present.

Parliamentary Procedure 

SOCIAL DISTANCING PRACTICES WILL BE STRICTLY FOLLOWED AND MASKS ARE REQUIRED. VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE CHAIR.  THIS IS NOT THE PLACE OR TIME TO CONDUCT A DEBATE WITH ANYONE.  IT IS A MEETING TO DELIBERATE AS THE MAYOR AND BOARD OF TRUSTEES TO TRANSACT THE BUSINESS OF THE VILLAGE.  ALL REPORTS, REQUESTS, IF NECESSARY, WILL BE SUBMITTED TO THE RESPECTIVE COMMITTEE OR COMMISSION FOR FURTHER STUDY, INFORMATION GATHERING AND RECOMMENDATIONS.  ALL CORRESPONDENCE RECEIVED HAS BEEN PLACED WITH THE TRUSTEES AND IS ON FILE. 

Visitors:   

The following visitors were in attendance:  Joseph Taylor, Angelo and Danielle Marra, Nina Gustafson (Gerry), and Pete and Jane Fuller all of Falconer. 

Minutes 

Trustee Gustafson made a motion, seconded by Trustee Reynolds, to approve the minutes of the April 12, 2021 meeting of the Mayor and Board of Trustees, with revision to 0-Vehicle Fires as reported in the fire chief’s March report.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Fire Chief        

The chief’s April report was reviewed and noted that the department responded to 54-EMS, 4-structure fire, 5-fire alarms, 2-MVA, 2-trees & wires, 3-lift assist, 2-medical alarms and 4-stand-bys, totaling 76 calls in April.  

Mutual Aid Breakdown- April 
Given:  Jamestown-9, Frewsburg-8, Kennedy-5, Randolph-1, and Gerry-2, totaling 25. 
Received: Medic 74-8, Kennedy-1, Frewsburg-1, Fluvanna-0, Gerry-0, Coroner0, Kiantone-0, Alstar-4, and, Jamestown-0, totaling 14. 

Chief Yager reported that the fire department received a grant from the Chautauqua Region Community Foundation for the purchase of a new washer and dryer. 

The proposed purchase of a dash camera for the ambulance was discussed. 

Kenny Santo’s application for the fire department was tabled pending results of his background check and physical.  

Code Enforcement 

The code officer’s April report was reviewed and noted 5 building permits were issued ($462.68), 13 YTD ($922.68), 2 building inspections performed (3 YTD), 2 certificates of occupancy (18 YTD), 0 certificates of compliance (2 YTD), 10 phone calls/personal contact/email (45 YTD), 5 complaints received/actions taken (11 YTD), 0 notices of violation mailed (0 YTD), 0 notice of violations solved (0 YTD).  Code Officer Morris noted that paperwork has been started for the condemnation process of the 217 E. Pearl Street home. 

Mayor Jaroszynski noted that residents should be made aware that all swimming pools require a permit in the village.  CEO Morris added that most storable (store bought) pools also require 4 foot barriers. 

Department of Public Works 

The DPW report was reviewed for the period April 12, 2021-May 7, 2021.  

Mayor Jaroszynski thanked the DPW for their assistance with the annual village-wide clean-up day which was a huge success.  The Falconer Rotary Club donated 3 flowering trees to be planted in Falconer Park. 

A motion was made by Trustee Reynolds, seconded by Trustee Dunn, to approve 

Superintendent Caprino to participate in “Road School” which will be held virtually at a cost of $25.00.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Library   

The April library report was reviewed.  This month the library received $102.62 

(copies/fax), $47.59 (fines), $79.00 (Book Sales), $890.00 gifts & donations, and $276.48 other.   Plans are underway for the summer reading program, “Tales and Tails” and is set to run June 28 – July 31, 2021.  The library will also be hosting a Fenner Elementary student, grades 35, art display from May 17-June 18.   

The FLP Library Board will meet at 8 am on Wednesday, May 19th

Greg Peterson highlighted for the board a packet of information which was provided by Historian, Brenda Cavallaro regarding Birmingham Car Company which was located in Falconer in the early 1920’s. The Birmingham body was plywood and featured a four-wheel suspension which was dramatically superior to any other vehicles of the day.  The company became riddled in a stock scandal and went out of business in December 1923, following a valiant effort to revive the company by placing an entry in the Indianapolis 500.   

Committees: 

Public Safety:

Trustee Cavallaro updated the board on the FFD’s plans to market Engine 401 for resale.  He also noted that Steve Vanstrom is working to set up a meeting with the county regarding EMS services.    

The April animal control report was reviewed noting a pit bull running at large.  The animal returned home. No summons was issued.  The municipal Shelter report was completed on 4/7/2021.  It was noted by Animal Health inspector Bailey that dog shelter services were rated “Satisfactory”. 

The crossing guard position remains unfilled. 

Parks and Recreation: 

Reopening of the parks and playground facilities was discussed. Consideration was taken of Ray Lindquist’s emails, dated May 3, 2021, regarding unfavorable behavior of “young people using the (basketball)courts” in close proximity to young T-ball payers and families. The board plans to address these issues through other avenues. Superintendent Caprino was given approval to replace swings and basketball equipment prior to Memorial Day.

The park recreation program will not take place this year due to COVID-19 restrictions. 

The addition of additional park security measures were discussed. 

Pine Hill Cemetery:

Peter Fuller reported that a new zero-turn lawn mower was purchased for the cemetery which has a rear discharge to help prevent grass and debris from being blown onto headstones.   

The cemetery received a grant from the Falconer Region Community Foundation to help fund new tree planting efforts. 

Mr. Fuller noted that he is reviewing current foundation charges and expects that a price increase will be needed. 

Old Business: 

Mayor Jaroszynski noted that the Falconer American Legion will be holding a Memorial Day procession up to the cemetery.  Commander Cybart confirmed with Mayor Jaroszynski that the procession was approved by the Chautauqua County Department of Environmental Health as long as CDC guidelines are followed. 

Peter and Jane Fuller were given approval from the board to begin initial planning of a tentative Christmas in July event on July 23rd and 24th, as long as the NYS and CDC guidelines can be followed. 

The summer concert series in the park was also approved based on current NYS and CDC guidelines. 

The Der Kobblers Car Show will be held in Davis Park on Memorial Day weekend.  Homestead Street will be closed between Main Street and Falconer Street.   

Village-wide Yard sales, sponsored by the Falconer Rotary Club, have been scheduled for July 9th and 10th.  

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the planting of 3 trees in Falconer Park which were donated by the Falconer Rotary Club.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

New Business: 

RESOLUTION # 39-2021
FIXING DATE AND NOTICE FOR THE PUBLIC HEARING
FOR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION  

WHEREAS, the Board of Trustees of the Village of Falconer wishes to assess the advisability of submitting a Community Development Block Grant (“CDBG”) application to the New York State Office of Community Renewal (the “OCR”) for a grant to support a project by Jamestown Container Company within the Village, and 

WHEREAS, the Village of Falconer is required to hold a public hearing to provide information to the public and to consider citizen comments regarding community needs and the project proposal prior to submitting an application for CDBG funding, and 

WHEREAS, the Board of Trustees wishes to schedule a special meeting to consider submission of the application for CDBG funding. 

NOW THEREFORE, BE IT RESOLVED, that the Village of Falconer Board of Trustees hereby calls for a Public Hearing whereat all interested parties shall be heard regarding the CDBG program, the Village’s community development and economic development programs, and the potential funding application; and be it further 

RESOLVED, that such Public Hearing shall be held on June 14, 2021 at 7:00 p.m. at the Fireman’s Exempt Hall, 3 Coleson Drive, Falconer, New York; and be it further 

RESOLVED, that at least eight (8) days’ notice of such hearing shall be given by the Village Clerk by the due posting thereof on the Village’s website and/or Facebook page, and by publishing such notice at least once in the official newspaper of the Village.  

Trustee Dunn made a motion, seconded by Trustee Reynolds, to approve the above Resolution as written, fixing the date of June 14, 2021 at 7:00 p.m. to hold a Public Hearing for the consideration of a potential CDBG funding application.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Correspondence: 

The board reviewed Major Jaroszynski’s letter recapping the events of 2020.  Trustee Gustafson was asked to post the letter, as written on the village website. 

Trustee Gustafson’s letter, dated May 10, 2021, which acknowledged his review of unpaid vouchers and bank reconciliations for the month of April 2021, was reviewed and placed into record.   

Trustee Reynolds submitted a letter of resignation, dated, May 10, 2021, from his position as Village Trustee, effective June 1, 2021.  Trustee Cavallaro made a motion, seconded by Trustee Dunn, to accept Trustee Reynolds resignation from the Village Board, effective June 1, 2021.   Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Other correspondence was reviewed with no actions taken. 

Abstracts 

Motion:  It is moved by Trustee Dunn and seconded by Trustee Reynolds that Abstract #12, General Fund in the amount of $ 97,999.81 be approved for payment with the possible exception of $500 listed for legal.  Roll:  Dunn: Aye, Gustafson: Abstain, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Ayes: 4. Abstain: 1. Nays: None.  Carried. 

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #12, Cemetery Fund in the amount of $ 490.85 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Ayes: All. Nays: None.  Carried. 

Motion:  It is moved by Trustee Reynolds and seconded by Trustee Gustafson that Abstract #12, Library Fund in the amount of $ 2,536.34 be approved for payment.  Roll: 

Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Abstain, and Jaroszynski: Aye. Ayes: 4, Abstain: 1, Nays: None.  Carried 

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Gustafson that Abstract #12, General Fund Hand Items in the amount of $ 33,234.69 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Ayes: All. Nays: None. Carried 

Trustee Reynolds made a motion, seconded by Trustee Dunn, to adjourn the meeting at 8:55 pm. Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Ayes: All.  Nays: None. Carried 

Respectfully submitted, 
Anna Fales, Village Clerk 

April 12, 2021 Annual Budget Hearing / Regular Meeting

Mayor James M. Jaroszynski
Trustee Timothy Dunn-Excused
Trustee Alan Gustafson, Jr.
Trustee Kipp Reynolds
Trustee Anthony Cavallaro

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Lawrence E. Trask, Treasurer
Laurie Becker, Library Director
W. Robert Morris, Code Enforcement Officer
Eric Yager, Fire Chief
Anna L. Fales, Village Clerk

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, April 12, 2021 at 7:02 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding.  

Pledge of Allegiance & Roll

Trustee Dunn was excused. Trustee Gustafson, Trustee Reynolds, Trustee Cavallaro, and Mayor Jaroszynski were present.

Visitors:  

The following visitors were in attendance:  Laura Smith, Mike Steele, Sandy Thies, Emma Steele, Mark Steele, Janice Steele, Mikaela LeBaron, Gregory Holmberg, and Pete and Jane Fuller.       

Moment of Silence

Mayor Jaroszynski called for a moment of silence in remembrance of Jamestown Councilwomen Vickye James, who passed away unexpectedly.  Mayor Jaroszynski described Mrs. James as “a fine women who gave everything (in her many years of service) to the city and the county and will be greatly missed”. 

Recognition 

Mayor Jaroszynski presented former Trustee, Michael Steele, with a certificate of recognition for his outstanding service and achievement in the betterment of our community.  Mayor Jim said that he has known Mike personally for many years.  “Our children played sports together, we served as trustees together on the board, and Mike served as my deputy mayor.  His service to the community was always above and beyond, and he was always willingly to give his time.” 

Trustee Steele was joined by his parents, Janice and Mark Steele, his daughter, Emma Steele, his sister, Sandy Thies and his girlfriend, Laura Smith.  

Parliamentary Procedure

SOCIAL DISTANCING PRACTICES WILL BE STRICTLY FOLLOWED AND MASKS ARE REQUIRED. VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE CHAIR.  THIS IS NOT THE PLACE OR TIME TO CONDUCT A DEBATE WITH ANYONE.  IT IS A MEETING TO DELIBERATE AS THE MAYOR AND BOARD OF TRUSTEES TO TRANSACT THE BUSINESS OF THE VILLAGE.  ALL REPORTS, REQUESTS, IF NECESSARY, WILL BE SUBMITTED TO THE RESPECTIVE COMMITTEE OR COMMISSION FOR FURTHER STUDY, INFORMATION GATHERING AND RECOMMENDATIONS.  ALL CORRESPONDENCE RECEIVED HAS BEEN PLACED WITH THE TRUSTEES AND IS ON FILE.

Budget Hearing

Trustee Gustafson made a motion, seconded by Trustee Reynolds, to open the Public Hearing on the FY 2021-2022 Budget at 7:08 pm.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Budget Presentation and call for discussion and public comment by Mayor Jaroszynski. No members of the public asked to speak.

Trustee Cavallaro made a motion, seconded by Trustee Reynolds, to close the Public Hearing on the FY 2021-2022 Budget at 7:11 pm.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Trustee Reynolds made a motion, seconded by Trustee Cavallaro, to approve the FY   2021-2022 Budget as presented.   Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Visitors:

Greg Holmberg, FCS Key Club President and Mikaela LeBaron, FSC Key Club Vice-President were in attendance seeking approval to set up a 24/7 community produce stand in Davis Park. All produce provided by the Key Club would be available free of charge to the community.

Minutes

Trustee Reynolds made a motion, seconded by Trustee Gustafson, to approve the minutes of the March 8, 2021 meeting of the Mayor and Board of Trustees, as written.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Fire Chief       

The chief’s March report was reviewed and noted that the department responded to 48-EMS, 3-structure fire, 0-vehicle fire, 6-fire alarms, 0-MVA, 0-CO alarms, 4-trees & wires, and 0- natural gas leaks, totaling 61 calls in March. 

Mutual Aid Breakdown- March
Given:  Jamestown-6, Frewsburg-9, Kennedy-0, Kiantone-0, Fluvanna-0, Alstar-1, Celoron-1, and Gerry-1, totaling 18.
Received: Medic 74-6, Kennedy-2, Frewsburg-0, Fluvanna-0, Gerry-0, Coroner-0, Kiantone-0, Alstar-1, and, Jamestown-0, totaling 9.

Chief Yager reported that bridge washing starts April 15th for which the fire department receives a stipend. He also noted that the bridge washing activity acts as a great training tool for department personnel. This training is important so that anyone on the scene of a fire can handle hose and operate pumps.  Junior firefighters also participate in these trainings.  There are currently 4 active juniors members participating in department activities. 

Code Enforcement

The code officer’s March report was reviewed and noted 4 (8 YTD) building permits were issued ($100.00), 8 YTD ($460.00), 1 building inspections performed (1 YTD), 16 certificates of occupancy (16 YTD), 2 certificates of compliance (2 YTD), 20 phone calls/personal contact/email (35 YTD), 5 complaints received/actions taken (8 YTD), 0 notices of violation mailed (0 YTD), 0 notice of violations solved (0 YTD).  Code Officer Morris was advised by Attorney Peterson to begin the condemnation process for the Pearl Street home damaged last year by fire.

Department of Public Works

The DPW report was reviewed for the period March 8, 2021-April 9, 2021. 

Superintendent Caprino presented the 2 piggyback bids for the proposed purchase of a new 10-wheeler truck for the DPW.

  • Sourcewell: $184,955.32
  • Onondaga County Contract: $179,659.00

Both contracts include the same package as the village’s current 10-wheeler-no extras.

Mr. Carpino reported to the board that Chautauqua County has already purchased 3 or 4 trucks using the Onondaga bid.

Trustee Reynolds made a motion, seconded by Trustee Cavallaro, to approve the purchase of a new International 10-Wheeler truck for use by the village DPW, using the Onondaga County piggyback bid, quote#14734, dated April 1, 2021, for total cost of $179,659.00, as provided by Superintendent Caprino.  The purchase of this vehicle is to be funded through the DPW Reserve Account.   Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Mayor Jaroszynski reported that the village still has not found anyone interested in taking over the school crossing guard position which will be vacated by Jim Rensel on April 20, 2021.  The school has been advised that there may not be a crossing guard after that time.  Following discussion, the board agreed to advertise one more time for a stand-alone crossing guard position.

Trustee Cavallaro made a motion, seconded by Trustee Reynolds, to hire Peter Fuller as the village’s licensed mosquito pesticide applicator.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Library  

The March library report was reviewed.  This month the library received $47.00 (copies/fax), $0.00 (fines), $67.00 (Book Sales), $620.00 gifts & donations, and $984.07 other.  

Committees:

Public Safety:

Trustee Cavallaro made a motion, seconded by Trustee Gustafson, to authorize the Fire Advisory Board to enter into preliminary negotiations with Chautauqua County EMS with regards to operation of EMS/Ambulance services.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Downtown Development:

Mayor Jaroszynski noted to the board that he had spoken to a Home Leasing representative regarding an update on the Falconer Square project funding.  They said they are hoping to hear from the state at the end of April or May now that the state budget has passed.

He also made note that the following village businesses have or are closing their Falconer locations:

  • M&T Bank closing in June
  • Servis Plumbing has already closed
  • The Blue Fin pet store has announced their store is closing on June 23rd.

Farmers Market:

Trustee Reynolds reported that Scott Farms is on board but still needs to complete an application.  Abers is unavailable most Fridays.  No other applications have been received but that there has been some interest from others.

Finance:

Treasurer Trask said the village should receive their portion of the American Recovery Act funding from the town which will be based on the 2018 census.  The funds will be paid over 2 years.  It was suggested a committee be formed, including department managers, on how to best utilize the funds.

Parks and Recreation:

In hopes for more guidance from the state, the board agreed to table their decision until the May board meeting, regarding the opening of the summer rec program this year.

Mayor Jaroszynski stated that if funds allow, he would like the board to consider hiring park security for Falconer Park this summer.  He also stated that signage will be ordered outlining CDC Guidance and other park rules and policies for those using the park.

There are 17 youth baseball and softball teams scheduled to use the village fields this summer.  Scheduling is tight, so preference for use will be given to the village youth organizations.  

Pine Hill Cemetery:

Peter Fuller will look into prices to restore or replace the cemetery sign located at the North Work Street entrance.

Old Business:

Peter and Jane Fuller were in attendance to discuss their ideas for a Christmas in July event for this summer.  Mr. Fuller noted that they have been working with the county Health Department regarding several of their proposed activities but have not yet been approved to move forward due to COVID restrictions.   The Fullers will report back to the board in May.

The Der Kobblers Car Show and Memorial Day Parade were tabled for another 30 days or until the May board meeting.  Band Concerts in the park are approved pending COVID restrictions/guidelines at the time.  Village Clean-Up Day and garage sale days are both pending Rotary decision.

New Business:

Trustee Reynolds made a motion, seconded by Trustee Cavallaro, to approve the DPW 2021-2023 contract as presented and dated April 12, 2021.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Trustee Reynolds made a motion, seconded by Trustee Gustafson, to approve the Village of Falconer Employee Handbook as written and dated April 12, 2021.  Discussion:  Trustee Gustafson requested the “Grievance” section be updated to eliminate the arbitration section.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Mayor Jaroszynski noted that he will be tabling his appointment of a deputy mayor until after the November election.

Trustee Cavallaro made a motion, seconded by Trustee Gustafson, to approve the Annual Organizational motions as written:

In compliance with Village Law 50524 regarding the Annual Organizational Meeting, it is moved and seconded to approve:

  • Community Bank and M&T Bank as Village of Falconer depositories
  • Designation of the Jamestown Post-Journal as the official newspaper for the publishing of legal notices,
  • Continued participation in the Chautauqua County Mutual Aid Agreement
  • Reappointment of Village Treasurer, Village Clerk, Appointment of Village DPW Superintendent
  • Appointment of committee members
  • Authorization payment in advance of audit of claims for public utility services, postage, freight and express charges, insurances and other charges that become due prior to the Board meeting that otherwise would incur late fee charges,
  • Attendance by municipal officials and employees at schools, conferences, seminars, associated organization meetings, etc., conducted for the benefit of the Village of Falconer
  • Reimbursement to such officers and employees the fixed mileage rate as set by the IRS as reimbursement for use of personal automobiles while performing their official duties on behalf of the Village
  • All regular board meetings that fall on a Monday holiday will be held the Tuesday immediately following the holiday
  • The present Procurement Policy
  • The present Disaster Plan
  • The present Public Health Emergency Plan
  • Setting the 2022 Organizational Meeting of the Village of Falconer as Monday, April 11, 2022, at 7:00 p.m.

Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Trustee Reynolds made a motion, seconded by Trustee Cavallaro, to approve a one-time only payout of up to and including 2 weeks of unused vacation time which resulted from of the COVID-19 pandemic.  This offer is only available to employees with an excessive balance of unused time, which if used may negatively impact village business.    Roll: Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Trustee Cavallaro made a motion, seconded by Trustee Reynolds, to accept the RFP submitted by Bloomquist Landscaping, Inc. of $4,575.00, dated April 8, 2021 for 2021 maintenance and landscaping.   All wages are to be paid by Bloomquist Landscaping at NYS prevailing wage.    Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Abstracts

Motion:  It is moved by Trustee Reynolds and seconded by Trustee Cavallaro that Abstract #11, General Fund in the amount of $ 47,941.14 be approved for payment.  Roll: Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Reynolds that Abstract #11, Cemetery Fund in the amount of $ 320.38 be approved for payment.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried

Motion:  It is moved by Trustee Reynolds and seconded by Trustee Gustafson that Abstract #11, Library Fund in the amount of $ 1,712.06 be approved for payment.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Abstain, and Jaroszynski: Aye. Ayes: 3, Abstain: 1, Nays: None.  Carried

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Cavallaro that Abstract #11, General Fund Hand Items in the amount of $ 30,625.04 be approved for payment.  Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried

Trustee Reynolds made a motion, seconded by Trustee Cavallaro, to adjourn the meeting at 8:56 pm. Roll:  Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried

Respectfully submitted,
Anna Fales, Village Clerk

March 8, 2021 Regular Meeting

Mayor James M. Jaroszynski
Trustee Timothy Dunn
Trustee Alan Gustafson, Jr.
Trustee Kipp Reynolds
Trustee Anthony Cavallaro

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Lawrence E. Trask, Treasurer
Laurie Becker, Library Director
W. Robert Morris, Code Enforcement Officer
Eric Yager, Fire Chief-Excused
Anna L. Fales, Village Clerk

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, March 8, 2021 at 7:04 P.M. via Zoom Video/Teleconference with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll

Trustee Dunn, Trustee Gustafson, Trustee Reynolds, Trustee Cavallaro, and Mayor Jaroszynski were all present via Zoom.

Parliamentary Procedures

The Governor in Executive Order No. 202.1 and Executive Order No. 202.92 has relaxed the Open Meetings Law to allow meetings of public bodies to be held remotely by conference call or similar services. In light of the potential risks to public health and safety from the Novel Coronavirus (COVID-19), the Village of Falconer will be replacing in person open meetings with remote telephonic or other digital meetings until the crisis has passed.

Notice is hereby given that a meeting of the Board of Trustees for the Village of Falconer, NY, will be held at 7:00 pm on Monday, March 8, 2021 via Zoom video conference/teleconference. This meeting will include the presentation of the Village of Falconer 2021/2022 Budget for consideration.  Persons wishing to review meeting documents may receive a copy by calling (716) 665-4400 or emailing a request to: falconer@netsync.net.

Board members and officials will participate in the meeting from their personal residences or from the Village of Falconer Community Building, 101 W. Main Street, Falconer, NY.  The public may join in the meeting remotely using the following link and password: https://us02web.zoom.us/j/81276513153.  Meeting ID: 812 7651 3153 Password: board or to participate by teleconference: dial: +1-(646) 558-8656, Meeting ID: 812 7651 3153 #,1#, Password: 228831.

Any person wishing to address the meeting should call (716) 665-4400 or email falconer@netsync.net, prior to 4 pm March 8, 2021, giving their name, address and contact information.  Persons unable to attend the meeting may send comments to be read and entered into public record to falconer@netsync.net prior to 4 pm on March 8, 2021.

Visitors:

Mayor Jaroszynski noted that unscheduled public comment has been waived for this meeting.  Questions or comments were to be directed to the Village Board prior to 4 pm today, as outlined in the Legal Notice published in the Post-Journal on March 2, 2021.

Tammie Swanson and Crystal LaRoy were in attendance via Zoom conference.  Mrs. Swanson asked to speak and was readvised that unscheduled public comment had been waived for this meeting.

Minutes

Trustee Gustafson made a motion, seconded by Trustee Reynolds, to approve the minutes of the February 16, 2021 meeting of the Mayor and Board of Trustees, as written.  Roll:  Dunn, Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Fire Chief       

Mayor Jaroszynski reported that Fire Chief Yager was on his way to a structure fire and unable to attend this evening’s meeting. The chief’s February report was reviewed and noted that the department responded to 39 (98 YTD) EMS, 0 (3 YTD) structure fire, 0 (1 YTD) vehicle fire, 2 (8 YTD) fire alarms, 0 (3 YTD) MVA, 1 (2 YTD) CO alarms, and 2 (4 YTD) natural gas leaks, totaling 45 calls in February. Year to Date Calls: 120.

Mutual Aid Breakdown- February

Given:  Jamestown-6 (29 YTD), Frewsburg-1 (5YTD), Kennedy-1 (1 YTD), Kiantone-1 (1 YTD), Fluvanna-1 (1 YTD), and Gerry-1 (1 YTD), totaling 11 (40 YTD).

Received: Medic 72-11 (15 YTD), Kennedy-2 (7 YTD), Frewsburg-0 (1 YTD), Fluvanna-0 (0 YTD), Gerry-0 (0 YTD), Coroner-1 (1 YTD) and, Jamestown-0 (0 YTD), totaling 14 (24 YTD).

Trustee Cavallaro reported the fire department had a very positive meeting with the city of Jamestown fire department on March 3rd and all agreed to reduce Falconer’s coverage area in the city.  Trustee Cavallaro made special note that this will have no effect on the mutual aid agreement. Falconer will still respond to mutual aid calls.

The Fire Advisory Committee has reviewed initial drawings of the new fire truck and following review asked for some slight revisions to the drawings.  The order is on track for a possible October 2021 delivery.

Code Enforcement

The code officer’s February report was reviewed and noted 4 (4 YTD) building permits were issued ($360.00), 4 YTD ($360.00), 0 building inspections performed (0 YTD), 0 certificates of occupancy (0 YTD), 0 certificates of compliance (0 YTD), 15 phone calls/personal contact/email (21 YTD), 0 complaints received/actions taken (3 YTD), 0 notices of violation mailed (0 YTD), 0 notice of violations solved (0 YTD).  Code Officer Morris reported that the fire damaged house on Pearl Street is still under investigation by the insurance carrier.

Department of Public Works

The DPW report was reviewed for the period February 12, 2021-March 8, 2021.

Superintendent Caprino discussed several upcoming objectives with the Board.  He also reviewed the DPW equipment replacement schedule, noting that the 10-Wheeler should be reviewed for replacement.  The roof on the DPW shop leaked and was repaired today, however, the repair is temporary and the roof will need to be replaced next year.  Superintendent Caprino will be seeking bids and will report back at the April board meeting.  He also noted that the Chautauqua County Humane Society requested use of the DPW building for another drive-thru rabies clinic, to be held in April.  The board had no objections and were in support of the function.  The village landscaping work is also under review by Superintendent Caprino.

Library 

The February library report was reviewed.  This month the library received $58.00 (copies/fax), $10.00 (fines), $68.00 (Book Sales), $1,404.00 gifts & donations, and $3,500.00 other.  Mrs. Becker reported that the 2020 Annual Report for New York State Public Libraries was submitted on February 26, 2021.  She also noted in her report that the library along with the Chautauqua Cattaraugus Library System shared their concerns with Assemblyman Goodell and a representative of Assemblyman Giglio’s office’s regarding the Governor’s budget proposal of a further 7.5% reduction in library funding.

Committees:

Animal Control:

The February 2021 animal control report was reviewed. Two issues remain unresolved.

Crossing Guard:

The village is still actively searching for a crossing guard to cover all days and shifts.

Historian:

The village recently received a donation of a rare American Manufacturing opener/ruler for the historical archives.

Farmers Market:

Trustee Reynolds reported that Hannah Jaroszynski has offered to volunteer alongside Mr. Reynold’s with the management of this year’s Farmer’s Market. Hannah is the daughter of Mayor Jaroszynski. Farmer’s applications are due back to the village on or before March 19th.

Finance:

Treasurer Trask presented the 2021/22 fiscal year budget to the Board for review.  He noted that the budget is open for public review for at least 30 days.  The budget vote will take place during the public hearing scheduled for April 12, 2021 at 7 pm in the Firemen’s Exempt Hall.

Old Business:

Trustee Gustafson reported that the new website is now live: falconerny.gov.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to seek bids for the property located at 211 E. James Street in Falconer, furthermore, the property bid request notice shall note that property will be “as is” and that the “Village reserves the right to reject any or all bids”. Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Nay, Cavallaro: Aye, and Jaroszynski: Aye.

Ayes:4, Nays: 1- Motion carried.

New Business:

Park Pavilions will be available for rental this summer.  Village residents can begin reserving pavilions on March 22.  Non-residents can start to reserve pavilions on April 5th.  All CDC guidelines which are in place at the time of use must be strictly followed.  The summer rec program is still undecided due to the COVID-19 pandemic.

Trustee Dunn made a motion, seconded by Trustee Reynolds to approve the NYS Public Health Emergency Plan, as written and dated 3/9/2021.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye.  Nays: None.  Motion carried.

The April 12, 2021 regular meeting and budget hearing will be held in person at the Firemen’s Exempt Hall at 7 pm.  The exempt hall, located at 3 Coleson Drive, will provide adequate room for social distancing. The meeting location will be noticed in the Post Journal and on the front door of the Community Building.

Clerk Fales presented the new Employee Handbook to be distributed to all village employees.  The Handbook will available for review for thirty days.  Any necessary action will be put forth by the Board at the April 12 meeting.       

Correspondence

Trustee Gustafson’s letter of acknowledgement for review of the unpaid vouchers and bank reconciliations for the month of February 2021, dated March 6, 2021, and bank reconciliations  for January 2021, letter dated February 16, 2021, were entered into record.

Trustee Cavallaro entered into record a disclosure letter noting that he is the husband of Village Historian, Brenda Cavallaro. The historian is paid via Anderson Roush Funds on the monthly library abstract.  Mrs. Cavallaro, likewise disclosed that she is the wife of Trustee Cavallaro.

A document was received from a village resident with suggestions for a “Christmas in July” event.  The village will continue to monitor the state and federal COVID-19 guidelines.

Abstracts

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Dunn that Abstract #10, General Fund in the amount of $ 26,559.90 be approved for payment.  Roll: Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Reynolds that Abstract #10, Cemetery Fund in the amount of $ 897.51be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried

Motion:  It is moved by Trustee Reynolds and seconded by Trustee Gustafson that Abstract #10, Library Fund in the amount of $ 1,287.42 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Abstain, and Jaroszynski: Aye. Ayes: 4, Abstain: 1, Nays: None.  Carried

Motion:  It is moved by Trustee Dunn and seconded by Trustee Gustafson that Abstract #10, General Fund Hand Items in the amount of $ 33,755.77 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried

Trustee Dunn made a motion, seconded by Trustee Reynolds, to adjourn the meeting at 8:15 pm. Roll:  Dunn: Aye, Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None.  Carried

Respectfully submitted,
Anna Fales, Village Clerk