September 28, 2023 Special Meeting

Draft

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

Cindy Capestrani, Village Clerk

The special meeting of the Village of Falconer Mayor and Board of Trustees was held on Thursday, September 28, 2023 at 6:00 P.M. in the Community Building Board Room with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

Trustee Gustafson, Trustee Dunne, Trustee Cavallaro, Trustee Miller and Mayor Jaroszynski were all present.

Visitors

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWED AT A LATER TIME.

Visitor Comments 

No comments from visitors

Resolution to Authorize Submission of the NY Forward Application

Trustee Dunn made a motion, seconded by Trustee Cavallaro authorizing and supporting the submission of a grant application by the Village of Falconer for the NY Forward Program. 

Trustee Dunn wanted to clarify prior to the vote that no local match contribution are required by the village. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried             

Trustee Miller made a motion, seconded by Trustee Gustafson to adjourn the work session at 6:05 pm.  Ayes:  All, Nays: None.  Carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk

September 11, 2023 Regular Meeting

Draft

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief
Alan Gustafson Sr., Code Enforcement Officer
Paul Andalora, Code Enforcement Officer
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director-excused

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, September 11, 2023 at 6:00 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Visitors

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALLCOMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWED AT A LATER TIME.

Visitor Comments

Brenda Weiler, Falconer resident:

• Inquired if the new light had been installed by the Santa house as it was brought up at a previous meeting. Superintendent Caprino noted that the light was installed a few weeks ago.

Minutes

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the August 14, 2023 Regular Board of Trustees Meeting.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Mayors Remarks

• Recently attended, along with several board members, the Falconer NY Neighborhood Watch meeting. There are still many concerns regarding the Budget Inn being used for transitional housing. Several county legislators have contacted him as well as stopped by PersNikkity Pies to speak with Nikki Pierce regarding this issue. The next meeting will be held on October 11 at 6:00pm in the Falconer Library.
• A meeting was held at 9:00am on 9/11 with several members from the Department of Social Services and County Attorney Patrick Slagle regarding the transitional housing issue in Falconer. They are interested in attending the next Neighborhood Watch meeting in October.
• Spoke with Rob Savarino, from Rob Savarino Development, and he is still interested in the Falconer Square project. 
• The new “Coffee with a Cop” program, which meets with Sheriff Quattrone, will be held on Wednesday, 9/20 at 10:00am at PersNikkity Pies. 

Fire Chief

The Fire Chief’s August report was reviewed and noted that the department responded to 42 EMS incidents, 24 cancelled in route, 5 motor vehicle accidents, 3 assist invalid, 2 smoke detector malfunction, 2 alarm system malfunction, 1 cover standby, 1 wind storm assessment, 1 smoke scare, 1 building fire, 1 alarm unintentional, 1 chimney fire, 1 trash/rubbish fire, 86 calls, 613 total calls YTD.

Mutual Aid Breakdown – August 2023
Given:  Jamestown-8, Frewsburg-5, Kennedy-5, Gerry-1, Fluvanna-1, total 20 
Received:  County Medic -15, Alstar-9, Fluvanna-1, Gerry-5, Kennedy-3, Kiantone-2, total 35

Trustee Cavallaro made a motion, seconded by Trustee Dunn to approve Elizabeth I. Thibault into the Falconer Hook and Ladder Co Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Code Enforcement

The August code officer report was reviewed. It was noted 6 building permits totaling $678 were issued, 51 permits issued YTD.

Highlights:

• 319 Central Avenue – plans for demolition on hold.
• 221 Pearl Street – assisting owner to connect with an engineer to perform an evaluation of the structural damage and to design a plan for repairs.
• 102 E. Main Street – spoke with new owners that will be setting up new hearing aid business.
• Attended Neighborhood Watch meeting and will be attending the Southern Tier Building Officials Training Conference from 9/13-9/15.
• Have had conversations with Falconer Printing as they are proposing to construct an addition to their building that would require a variance from the Zoning Board.

Mayor Jaroszynski asked code to follow up regarding the medical marijuana sign in front of the new smoke shop. Also, Hanson Sign is interested in purchasing property on the corner of W. Elmwood and South Avenue that will require a zoning variance.

Department of Public Works

The DPW report was submitted for the period August 11, 2023 – September 7, 2023. 

• Falconer Park restrooms are now locked at 4:00 pm.                                                                                                                                        
• Chimney parts are on order and the work will be on track to be completed before the cold weather arrives.
• Assisted Falconer Central School getting traffic lights and signs ready for the start of school.
• Dave Span is coming to look at the Moon Brook erosion at the end of the path in Falconer Park. The property on both sides of Moon Brook is owned by Mr. Schroeder so they will write up the problem to make him aware that it needs to be addressed. LSS also should be involved as well.
• Mayor Jaroszynski informed Superintendent Caprino to contact Paul Schneider regarding the water problem at Falconer Park as he is willing to assist finding the leak in the pipe to the rec building.
• The Chadakoin water cleanup at Jamestown Container is due to start this upcoming Wednesday.
• Cement pads for the concrete cornholes – will get with Ro Woodard as to suggested location in the park.

Library  

The August 14, 2023 – September 11, 2023 Library report was reviewed. 

Highlights include:

• Grand total from the 75^th Annual Book Sale, donation jar, and on-going sale from last August is $5,569.86. Many thanks to the library board, staff, volunteers, DPW and village staff and community members for their help and support.
• The library participated in the Falconer School “Back to School Bash” on August 31^st. Information about the library programs and volunteer opportunities was shared at the event.
• The state construction grant with the Chautauqua-Cattaraugus Library System was approved. The grant will help with the cost of replacing the handicapped accessible door. Construction on the front door is expected to start at the end of September.
• Story Hour classes for three-and four-year-old children are scheduled to begin on Wednesday, September 13. 
• The Library Board will meet on Thursday, September 28^th at 8:00 am. 

Committees:

Finance: 

• It was suggested at a previous meeting to schedule an audit once the reports were all filed for fiscal year 22/23 with the change in the treasurer position. The board suggested setting up an audit with Vanstrom CPA firm which was used for a previous audit.
• Looking to switch payroll over to Bahgat & Laurito-Bahgat accounting firm in Fredonia. Will have a price comparison to review with current payroll company at next meeting.
• Will also have some budget modifications next month to adjust for the grants that we have received. 

Legal:  

Attorney Peterson shared an old photo of Berglund Used Car Lot with a car hanging over the cliff behind their building off Falconer Street. It was a great eye-catching gimmick for their business as the headlights in the car would go on at night.

Public Safety: 

• Dog Control report for August was reviewed. 
• Neighborhood Watch Group had previously mentioned they would like to get the 8:45 pm village horn working again. Peter Fuller reported that they have been working on it and making progress. Trustee Dunn mentioned he would be able to program an electronic timer for the horn and will work with Peter on it.
• The Fire Advisory Board would like to attend next month’s board meeting to go over figures for long range planning on future purchases. It was decided to hold a work session at 5:30 pm prior to the next board meeting on October 10^th.

Downtown Development:  

• The NY Forward Stakeholder Meeting will be held on September 12^th at 6:00 pm in the Falconer Library.

Farmers Market:

Nothing new to report

Parks:

• Thank you to the Falconer Rotary Club for hosting the recent Ribbon Cutting Ceremony for Disc Golf at Falconer Park.
• Continuing to get information regarding converting the tennis courts into pickle ball courts. 

Pine Hill Cemetery:

• Nothing new to report

Planning/Zoning Board: 

• There was a discussion earlier regarding a variance for Falconer Printing that may be something coming up in the future.

Old Business:

• Downtown Master Plan Project – Stakeholders Meeting
  • Covered under Downtown Development
• Code Enforcement Officer – update
  • Mayor Jaroszynski reported that two applicants were interviewed last month by Trustee Cavallaro and Trustee Gustafson and a part-time proposal was reviewed from current CEO Gustafson. He feels that due to the amount of code issues being reported monthly, the village needs a full-time code officer. CEO Gustafson has agreed to help out until the new CEO can complete the certification classes.
  • Trustee Cavallaro reported that the interview committee is recommending hiring Paul Capitano as the new full-time code officer. Paul has a construction background, is familiar with the village as he has lived in the village for over 10 years. He is very eager to start the certification classes.
  • Attorney Peterson mentioned Mayor Jaroszynski would have to recuse himself from the vote due to his relationship to the appointee. Trustee Gustafson asked to hold a discussion in executive session in regards to that fact before the board votes.

Trustee Gustafson made a motion, seconded by Trustee Miller to table the vote. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, Jaroszynski: Aye. Nays: None. Carried.

• Property Exemption for Volunteer Firefighters 
  • NYS Legislature approved a partial tax exemption for volunteer firefighter members and several local municipalities have enacted local laws giving volunteer firefighters this exemption.
  • Attorney Peterson stated that the state law has permitted local municipalities to write a local law to grant the partial tax exemption to a certified enrolled member of a volunteer fire department provided the property owned in the village is the primary residence used exclusively for residential purposes. The local municipality establishes a minimum service requirement between 2 and 5 years. There is a lifetime benefit for service over 20 years. Certification is done annually for members in good standing.
  • The board feels the volunteer firefighters put in a lot of hours for training in addition to their service and would like to implement this exemption. They agreed upon a minimum service of 2 years.
  • Attorney Peterson will work with Clerk Capestrani to draw up the local law for approval at a future meeting.

New Business: 

• Compensated Absence Agreement for Appointed Employees
  • A contractual agreement for accumulated sick time up to120 days was presented to the board for current Treasurer Spunaugle and Clerk Capestrani to be added to the previous agreement with Treasurer Trask and Clerk Fales. The agreement is as follows:

The appointed employees mentioned above are entitled, at the time of his/her retirement or death from the village service to elect to receive cash payment at his/her present hourly or salaried rate for monetary value of vacation time, accumulated sick leave (up to 120 days), personal leave and floating holidays standing to his/her credit at the time of his/her retirement or death. If employee is dismissed, he/she shall only be entitled to cash value of unused vacation time and sick leave. In the event of death of the employee, payment shall be made to his/her beneficiaries as was designated by each individual on their NYS Retirement information.  

Trustee Dunn made a motion, seconded by Trustee Gustafson, to add to the Supplemental Contractual Agreement for Accumulated Time regarding contracts for the Village of Falconer Treasurer, Paula Spunaugle and Village Clerk, Cindy Capestrani. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, Jaroszynski: Aye. Nays: None. Carried.

Correspondence:  

Trustee Dunn made a motion, seconded by Trustee Gustafson, to support the Falconer School Homecoming Parade and bonfire on Thursday, October 12 at 6:00 pm.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.                  

Trustee Gustafson’s letter, dated September 11, 2023, which acknowledged his review on September 10, 2023 of the unpaid vouchers for Abstract #4 (FY 23/24) and bank reconciliations from M&T Bank, Community Bank and NYCLASS for the month of July 2023 was placed into record.

Abstracts

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #4, General Fund in the amount of $108,022.71 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #4, Cemetery Fund in the amount of $599.90 be approved for payment.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #4 Library Fund in the amount of $1,199.06 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Dunn that Abstract #4, General Fund Hand Items in the amount of $4,960.22 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Trustee Dunn made a motion, seconded by Trustee Miller, to move into executive session for the matter leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of particular persons at 7:11 p.m. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Executive Session

No formal action was taken in executive session.

A motion to end the executive session was made at 7:48 p.m. by Trustee Dunn and seconded by Trustee Miller. The vote was unanimous.

A motion to take all previous motions off the table for the code enforcement officer was made by Trustee Cavallaro and seconded by Trustee Dunn. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

The roll was then called on the motion made earlier in the regular meeting to appoint Paul Capitano as the full-time code enforcement officer: Gustafson: Abstain, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Abstain. Nays: none. Carried.

A motion to close the regular meeting was made at 7:50 p.m. by Trustee Cavallaro and seconded by Trustee Miller. Roll: Gustafson: Aye, Dunn: Nay, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk

August 14, 2023 Regular Meeting

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

Gregory Peterson, Attorney-excused
Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief
Alan Gustafson Sr., Code Enforcement Officer
Paul Andalora, Code Enforcement Officer-excused
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, August 14, 2023 at 6:00 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Visitors

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWED AT A LATER TIME.

Visitor Comments

Brian Nelson, Falconer Vac Shop:

• Inquired if village could roll his property on Main Street next to Falconer Printing. He recently put down millings to level off the property. The board determined that since it is private property the village DPW would not be able to assist with this request.
• Merchants Alley and the parking lot behind Main Street looks great.

Minutes

Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the minutes of the July 10, 2023 Work Session Board of Trustees Meeting.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Trustee Gustafson made a motion, seconded by Trustee Dunn, to approve the minutes of the July 10, 2023 Regular Board of Trustees Meeting.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Mayors Remarks

• Commended Fire Department for their response in putting out recent fire on E. Pearl Street.
• The Post Journal published an article recently regarding his visit to a Chautauqua County Legislative meeting to discuss the Department of Social Services housing individuals in Falconer. He has not been contacted further regarding this and will reach out in the coming weeks to find out what they plan to do regarding the issue. He also commented that he is not happy with the fact that a business has relocated from the Village Plaza to the City of Jamestown as a result of this issue.
• The meeting that was held on July 10^th to get interest in starting up the former Falconer Business Association was well attended. A second meeting has been scheduled at PersNikkity Pies for August 17 at 7:00 pm. 
• He recently attended a meeting for the newly formed Falconer NY Neighborhood Watch group. The next meeting will be held on August 24 at 6:00 pm in the Falconer Library.
• On Monday, August 21 there will be a Downtown Master Plan Public Workshop from 6:00 pm – 8:00 pm at the Fire Exempts Hall.
• The Library Book sale was this past week and was well attended. Great job to Laurie and her staff.

Fire Chief

The Fire Chief’s July report was reviewed and noted that the department responded to 39 EMS incidents, 31 cancelled in route, 2 assist invalid, 2 alarm system malfunction, 1 assist police, 1 hazardous condition, 1 trash/rubbish fire, 1 false alarm, total 78 calls, 527 total calls YTD.

Mutual Aid Breakdown – July 2023
Given:  Jamestown-12, Frewsburg-3, Kennedy-5, Alstar-1, total 21 
Received:  Medic 74-7, Alstar-12, Frewburg-1, Kennedy-5, total 25

Highlights:

• Starting own Junior Firefighter program – stepping away from Boy Scout Program due the restrictions as to what they can do. Will be following guidelines from the National Junior Firefighter Program. Members will be voted on and it will be a multiple step program based on age. 
• Awarded a Grant from FEMA for $107K which will be used to purchase PPE equipment, 24 sets of gear. The cost of one set of firefighter gear is approx. $5500. The FD will need to come up with $5253 as part of the grant requirement.
• Nothing yet on the SAFER grant. If awarded, it will go towards the Junior program.

Code Enforcement

The August code officer report was reviewed. It was noted 11 building permits totaling $277 were issued,       45 permits issued YTD,  and 31 complaints/violations were addressed.

Highlights:

• 319 Central Avenue – interest in rehabilitation instead of demolition
• Attended Falconer Business Association & Neighborhood Watch meetings. 
• Met with Crosby’s representative to discuss renovation plans.
• Dollar General – new signage – now to offer fresh produce – need to discuss past leaking roof issue.
• 17-19 W. Main – issued certificate of occupancy.
• 221 Pearl Street – responded to the scene of fire.
• 400 W. Main Street (former Rocket Gas) – located owner notified permits needed for siding & roof.
• Conducted Fire Inspection at Budget Inn – deficiencies found and owner advised.
• Issues with properties at mobile home park – had conversation with park owner.
• 27-29 E. Main Street – Renovations are ongoing – constructing elevator shaft in rear of building.
• Unresolved violations – 2^nd notices will be going out.

Mayor Jaroszynski reported the interviews were conducted for the code officer opening and hopes to have a decision by the September board meeting. Alan Gustafson’s assistance in the interim is greatly appreciated by the board.

Department of Public Works

The DPW report was submitted for the period July 10, 2023 – August 10, 2023. 

Mayor Jaroszynski commented that the overall appearance of the park looks great, has seen many people playing Disc Golf and looks forward to the next project, permanent cornhole boards. Trustee Gustafson added that he also noticed the newly painted signs and restroom building.

• Old storage shed will be taken down soon.
• Basketball courts are finished and look great.
• Micro paving – Elmwood Ave, due to the improper limestone mix in the blacktop – might not get to this fall. Carl to get Greg in the loop if we need to have something signed.
• Venable Construction is working on sidewalk replacements.
• The porta-john in Davis Park will be removed after the final concert on August 16.
• Trustee Gustafson asked if there was a plan to put sidewalks back in where they were paved over when the parking lot behind Main Street was resurfaced.

Library  

The July 11, 2023 – August 14, 2023 Library report was reviewed. 

Highlights include:

• Summer Reading Program was a huge success with 233 participants.
• Preliminary figures from the book sale are at $4,200. Thank you for all of the help received from the library staff, DPW, Falconer Park staff and the volunteers in moving the boxes of books from downstairs in a record time of 28 minutes.
• The library participated in the village “Christmas in July” by having a Christmas book sale, family Escape Room and sponsored the Glenn Colton concert.
• The Martz Kohl Observatory, through a Chautauqua County Community Foundation grant, donated two telescopes to the library to check out to patrons. 

Committees:

Finance: 

• Working on updating new accounting system.
• Signed up for NYCOM Fall Conference to be held September 18 – 22.
• Followed up on insurance – will incur a penalty to cancel – will review ahead of time next year to allow time for board to review.
• Reached out to the appraiser to get a current appraisal of the buildings and contents.

Legal:  

Nothing to report

Public Safety: 

• Dog Control report for July was reviewed. 
• Peter Fuller will be working with Falconer Veterinary Clinic to take care of the feral cat issue on Mapleshade as reported at last month’s meeting. Traps will be set on Wednesday, brought to the clinic on Thursday and then released to the same location trapped on Friday.
• Fire Advisory Board will be meeting on Tuesday, August 15^th at 8:30 am at the Fire Hall to work on long range planning for future purchases.
• Next Neighborhood Watch meeting is scheduled for August 24 at 6:00 pm in the library.

Downtown Development:  

• Public Workshop will be help on Monday, August 21, at 6:00 pm in the Fire Exempts Hall.

Farmers Market:

Nothing new to report

Parks:

• Disc Golf was recently added, sponsored by the Falconer Rotary Club. A ribbon cutting ceremony is scheduled for August 22 at 6 pm. 
• Cement corn hole boards are on order with the grant received from the Community Foundation. 
• Research has begun regarding changing the existing tennis courts into pickleball courts. 
• Need to address installing a fence at the end of the walking pathway as river bed is eroding.
• Coleson Park – Little Free Library put up years ago as an Eagle Scout project is not in usable condition. Need to find out if it can be taken down or replaced.

Pine Hill Cemetery:

Nothing new to report

Planning/Zoning Board: 

Nothing new to report

Old Business:

• Downtown Master Plan Project – Public Workshop
  Discussed under Downtown Development

• Code Enforcement Officer – update
  Discussed under Code Enforcement

New Business: 

• Special Dog Permit Application
  Alan Sr. and Nina Gustafson have submitted a permit application requesting a variance to board three dogs. The current village code has a 2-dog limit per household. Trustee Dunn made a motion, seconded by Trustee Miller to approve the special permit to have a third dog pending the inspection by ACO Matt Abby. Roll: Gustafson: Abstain, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

• Property Exemption for Volunteer Firefighters – discussion
  NYS Legislature approved a partial tax exemption for volunteer firefighter members and several local municipalities have enacted local laws giving volunteer firefighters this exemption. Mayor Jaroszynski feels it is a great program to give back to the firefighters for the service they provide. He has asked Chief Webster to provide a list of current village firefighter property owners for the board to review at a later date.

• Motion to accept resignation of Sean Cobb – DPW MVO
  Trustee Cavallaro made a motion, seconded by Trustee Gustafson to accept the resignation of Sean Cobb. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

• Motion to appoint Paula Spunaugle as the Deputy Clerk
  Trustee Dunn made a motion, seconded by Trustee Miller to approve Paula Spunaugle as Deputy Clerk. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

• Motion to appoint Cindy Capestrani as the Deputy Treasurer
  Trustee Dunn made a motion, seconded by Trustee Gustafson to approve Cindy Capestrani as the Deputy Treasurer.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Correspondence:  

Falconer Central School Principal, Jeffrey Jordan, sent a thank you letter to the village for their support for the 2023 Senior Class Parade

Trustee Gustafson’s letter, dated August 14, 2023, which acknowledged his review on August 13-14, 2023 of the unpaid vouchers for Abstract #3 (FY 23/24) and bank reconciliations from M&T Bank, Community Bank and NYCLASS for the month of June 2023 was placed into record.

Abstracts

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #3, General Fund in the amount of $147,260.29 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #3, Cemetery Fund in the amount of $466.89 be approved for payment.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #3, Library Fund in the amount of $1,234.63 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Miller that Abstract #3, General Fund Hand Items in the amount of $4,960.22 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Trustee Dunn made a motion, seconded by Trustee Miller, to adjourn the regular meeting at 7:40 p.m. Ayes-all. Motion carried.                                            

Respectfully submitted,
Cindy Capestrani, Village Clerk

July 10, 2023 Regular Meeting

Draft

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief
Alan Gustafson Sr., Code Enforcement Officer
Paul Andalora, Code Enforcement Officer
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, July 10, 2023 at 6:00 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Visitors

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWED AT A LATER TIME.

Visitor Comments

Scott Brown with Chautauqua Health Network:

• Invited the Mayor and Board Trustees and anyone in the community to attend an upcoming Complete Streets Assessment meeting on Tuesday, July 25, from 5-8 pm at the Prendergast Library in Jamestown.
•  Chautauqua Health Network has partnered with GoBike Buffalo for a three-part assessment: an informational session, a guided walk-around the community and a table discussion to determine our next steps for making our community streets more accessible to all people. Their goal is to create a corridor that connects Jamestown HS, JCC, Falconer HS, the new YMCA, once built, and the medical corridor.

     Steve Garvey, Falconer resident:

• Commended Falconer Rotary for their efforts installing Disc Golf in Falconer Park. The group did a tremendous job and it looks great. 
• The work has begun to resurface the basketball courts. He assisted putting in the courts years ago and the resurfacing was greatly needed.
• Thank you for adding back park security this summer as it has deterred unwanted park activities.
• The overall appearance of the park looks great, thank you to the DPW crew.

 Brian Nelson, Falconer Vac Shop:

• Main Street repaving – hoping that the State DOT adds back the parking stripes after repaving.
• Heard from Mr. Powell that the Main Street Development deal with Savarino fell through – Mayor Jaroszynski will follow up with Paula Blanchard, but was not aware of that.

 Danielle Marra – 17-19 Main Street:

• Brought up concern that she is still waiting for several permits from code enforcement, an occupancy permit so that she can move forward with getting local businesses within her commercial space and a sign permit. Mayor Jaroszynski commented that CEO Alan Gustafson Sr. will be at the meeting shortly and she can step outside and speak with him to resolve these issues.

 Kathy Grey, Falconer resident:

• There is feral cat problem on Mapleshade Avenue. There are over 30 adult cats, with 18 kittens arriving this spring on her property alone. She is concerned with the possible health issue associated as these cats are using the residents’ gardens and landscaping areas as their “litter boxes”.

Minutes

Trustee Miller made a motion, seconded by Trustee Dunn, to approve the minutes of the June 12, 2023 Regular Board of Trustees Meeting.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Mayors Remarks

Mayor Jaroszynski noted that he has reached out to Steve Swanson, past president of the Falconer Business Association, and found out the charter still exists as he would like to see it start up again. Steve has agreed to speak to interested business owners on July 20^th at 7:00 pm in the Falconer Library. A letter will be going out to area businesses with the information and hopefully we will get some interest from some of the new business owners in the village.

Fire Chief

The Fire Chief’s June report was reviewed and noted that the department responded to 57 EMS incidents, 14 fire incidents, total 71 calls, 454 total calls YTD.

Mutual Aid Breakdown – June 2023
Given:  Jamestown-7, Frewsburg-10, Kennedy-3, Gerry-1, Fluvanna-1, total 22  
Received:  Medic 74-10, Alstar-8, Kennedy-6, total 24

Trustee Cavallaro made a motion, seconded by Trustee Dunn to approve Shawn A. Sweatman into the Falconer Hook and Ladder Co Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Code Enforcement

The July code officer report was reviewed. It was noted 9 building permits totaling $277 were issued, 34 permits issued YTD, 34 complaints/violations were addressed.

Highlights:

• 319 Central Avenue – Discussions on demolition of the fire damaged house are ongoing
• 15 E. Pearl Street – The exterior property areas have been cleared
• Sent out numerous code violation letters, many for high grass and building without a permit
• A letter has been sent to an Elmwood address regarding having chicken and pigs 
• 212 E. Main Street – needs follow up regarding turkeys, ducks and chickens on the property.
• Trustee Cavallaro inquired on the vacant property on corner of Main Street and Alberta as to what future plans are for the building 
• Working on a proposed draft for a new law pertaining to the regulation of food trucks in the Village. 

Department of Public Works

The DPW report was submitted for the period June 8, 2023 – July 6, 2023. 

• E. Everett paving to be completed by the end of the week, E. James and E. Pearl are completed.
• Assisting the County, Town of Ellicott and Town of Carroll with blacktop
• Village owned Merchants Alley is to be paved in coordination with the E. Main Street property owners for the parking lots in back from N. Work Street to Kaman Bearings. The board agreed to have the village portion paved at the same time with a spending cap of $15,000. Attorney Peterson stated that the village can have a private contractor complete the work that the DPW crew was going to do using the DPW budget.
• The contractor returned to clean up the mortar on the Community Building chimney that he had previously repaired and left a lot of mortar on the bricks, which was not acceptable by the board. 
• Trustee Cavallaro expressed concerns over flooding that occurs at Central Avenue and Falconer Street after a heavy rain, with water over the curbing. Superintendent Caprino noted that it is a tree root issue and the lines can be looked at in the fall to fix the problem. 

Library  

The June 12, 2023 – July 10, 2023 Library report was reviewed. 

Highlights include:

• Summer Reading Kick-Off was held on June 27^th and was a huge success bringing in 280 people! Thank you to Brian & Kay Nelson for sponsoring the ice cream truck and all of the sponsors for their donations.
• Summer band concerts are every Thursday in July from 6:30-8:30pm in Davis Park.
• There will be an Escape Room activity on Friday, July 28^th in conjunction with the Village’s Christmas in July activities. The library is also sponsoring a concert with children’s singer Glenn Colton on Saturday, July 29^th at 1:00 pm.
• The reconstruction of the front entryway is scheduled to begin the week of August 21^st.
• Annual book sale will be held August 10-12. Looking for volunteers on August 8^th at 1:00pm to help move the books up from the lower level.

Committees:

Finance: 

Treasurer Spunaugle is requesting the board approval to approve budget modifications (as presented) and authorize final transfers to the reserve funds listed below:

Community Building Reserve $45,000
Street Equipment Reserve $147,232     
Street Equipment-Sidewalks Reserve $37,000   
Fire Truck Reserve $111,372
Fire Maintenance Reserve $6,375.36

To approve budget modifications (as required) which balance additional revenues/expenses/fund balance to match FY 22/23 actual: 

General Fund
Revenues-budgeted increased to $1,802,075.59
Expenses-budgeted increased to $1,797,391.27
Increase Fund Balance (surplus) $10,684.32

Trustee Gustafson made a motion, seconded by Trustee Dunn to approve budget modifications (as presented) and authorize final transfers, to approve budget modifications (as required) which balance additional revenue, expenses, fund balance to match FY 22/23 and to approve closing all funds to complete/balance the processing of year end records dated May 31, 2023 in regard to budgets, fund balance and the NY AUD. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Legal:  

Resolution to authorize Mayor to submit Engineering Planning Grant Application

Trustee Gustafson made a motion, seconded by Trustee Dunn to approve the resolution to authorize Mayor James Jaroszynski to submit an Engineering Planning Grant Application for a Sanitary Sewer Inflow and Infiltration Engineering Study and to commit the Village of Falconer to providing the required 20% local grant match in the event of the grant award. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Reminder: July 12^th, at 5:00 pm is the Falconer Night at the Tarp Skunks baseball game, honoring the Mee family in sports.  Orrie Mee will be throwing out the first pitch.

Public Safety: 

Trustee Cavallaro and Mayor Jaroszynski recently met with Town of Ellicott Police, Falconer School Superintendent and Town of Ellicott Supervisor regarding traffic flow on East Avenue and Falconer Street. There was a minor incident about a month ago involving a child being struck by a vehicle. They talked about added more signage, more striping on the streets, and having school personnel outside at dismissal and arrival times. They are also looking at possibly changing the traffic pattern to alleviate some of the congestion. Trustee Dunn suggested getting a traffic study done and possibly implementing staggered arrival and dismissal times.

Downtown Development:  

Nothing new to report

Farmers Market:

Trustee Miller reported that there was an issue with the porta john at Davis Park, but has addressed it with Superintendent Caprino to make sure it gets cleaned and emptied every Wednesday. The market has been going well for Scott Farms so far this summer.

Parks:

Trustee Miller spoke recently with Chris Schrader, Summer Recreation Director, who complimented the addition of Disc Golf in the park. He thought that the concrete cornhole games would also be a nice addition as well as pickleball courts. Trustee Miller will be getting more information regarding changing the existing tennis courts into pickleball courts. 

Pine Hill Cemetery:

Trustee Gustafson reported that there were branches down form the storm that were cleared out.

Planning/Zoning Board: 

Trustee Gustafson noted that code enforcement was working on a proposed food truck regulation as noted in the code report.

Old Business:

211 East James

The property has been listed for sale with Heather Shea-Canaley with an asking price of $14,900 with a stipulation that a house be built on the property.  Trustee Gustafson noted that a vacant lot on Pearl Street just sold for around $19,000.        

New Business: 

Nothing to report

Correspondence:  

The Municipal Shelter Inspection Report was completed on 6/26/23 with a satisfactory rating as it relates to the Agriculture and Markets Laws and Regulations.

Trustee Gustafson’s letter, dated July 10, 2023, which acknowledged his review on July 9, 2023 of the unpaid vouchers for Abstract #2 (FY 23/24) and bank reconciliations from M&T Bank, Community Bank and NYCLASS for the month of May 2023 was placed into record.

Abstracts

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #2, General Fund in the revised amount of $91,401.22 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #2, Cemetery Fund in the amount of $3,103.18 be approved for payment.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #2, Library Fund in the amount of $2,275.54 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Miller that Abstract #2, General Fund Hand Items in the amount of $4,149.49 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Trustee Gustafson made a motion, seconded by Trustee Dunn, to adjourn the regular meeting at 7:48 p.m.

Ayes-all. Motion carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk

July 10, 2023 Work Session

Draft

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

Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer

The work session meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, July 10, 2023 at 5:30 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Visitors

– Eric Tichy – Post Journal              

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWED AT A LATER TIME.

Review of Insurance Policies for Village Properties

Mayor Jaroszynski started the work session stating that due to the fact that village property insurance rates were going up substantially, he felt the need to go over the options that were presented to Treasurer Spunaugle from Hannah Hayes of Great Lakes Insurance.

Treasurer Spunaugle commented that due to high replacement costs, our rate has increased by approximately 18%. The Village properties are currently valued extremely low so if we continue with the exiting coverage, option 1, there would be a 110% margin clause added which would cap a loss by applying a margin clause percentage to the building value.  Option 2 would cover 90% replacement cost, and Option 3 at 100%.

The board decided to select option #2 but asked Treasurer Spunaugle to get a few other quotes for comparison and find out if we could cancel the existing policy if a much less alternative was found. It was also suggested that the village get an updated property appraisal done in the next year as the last appraisal was done over 10 years ago.

Trustee Dunn made a motion, seconded by Trustee Gustafson to adjourn the work session at 5:54 pm.  Ayes: All, Nays: None.  Carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk

June 12, 2023 Regular Meeting

Draft

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief
Paul Andalora, Code Enforcement Officer
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, June 12, 2023 at 6:00 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Service Award Presentation to Anna Fales – former Village Clerk:  

Mayor Jaroszynski thanked Anna Fales for her dedication to the village. She worked tirelessly completing any task given to her, especially during COVID with all of the new rules and regulations associated with it. The board wishes Anna the best of luck in the future. He then read a letter from former Mayor James Rensel who was unable to attend. Mayor Rensel congratulated Anna on her new position at the Chautauqua Harbor Hotel. He spoke very highly of Anna and the job she did as the village clerk, putting the needs of the village residents first. She worked through several challenging times, including building collapses and multiple tragic fires. He wished Anna good luck and happiness with her new career.

Mayor Jaroszynski then presented Anna with a service plaque for her ongoing commitment and 8 years of dedicated service to the Village of Falconer. Anna thanked everyone and expressed her gratitude to have worked with such a great group.

Visitors

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWD AT A LATER TIME.

Visitor Comments

Ro Woodard – 116 N. Phetteplace St. – she is pleased that the Rotary Club and village board are moving forward with installing Disc Golf in Falconer Park. She feels that it will be a great asset to the community. She would like to propose looking at installing 2 sets of concrete corn holes, for additional activities that would be available in the park. She has obtained 2 quotes and would like the village board to consider the idea and will assist in looking for funding for the project.

Minutes

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the May 8, 2023 Regular Board of Trustees Meeting.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Mayors Remarks

Mayor Jaroszynski complimented the Fire Department and all involved for assisting at the AJ Strong 5K race this past weekend which was a huge success.  Christmas in July will be held on July 29^th and is in the planning stages with more information to follow.

Fire Chief

The Fire Chief’s May report was reviewed and noted that the department responded to 44 EMS, 1 structure fire, 1 cooking fire, 2 grass fires, 1 trash fire, 3 motor vehicle accidents, 1 extrication, 1 fuel spill, 1 CO assist, 16 cancelled in route, 1 lift assist, 4 false alarms, 3 standbys, total 79 calls.

Mutual Aid Breakdown – May 2023
Given:  Jamestown-17, Frewsburg-5, Kennedy-4, Kiantone-2 total 28  
Received:  Medic 74-7, Alstar-4, Gerry-1, Kennedy-3, Frewsburg-1, Kiantone-1, Sinclairville-1, Hazmat Team-1, Ellington-1, Rescue7-1 total 21

Trustee Cavallaro made a motion, seconded by Trustee Dunn to approve Jordan Crouse into the Falconer Hook and Ladder Co Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Trustee Cavallaro made a motion, seconded by Trustee Dunn to approve Roland Cartner into the Falconer Hook and Ladder Co Fire Police Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Code Enforcement

The June code officer report was reviewed. It was noted 9 building permits totaling $285 were issued, totaling 25 permits YTD, 31 complaints/violations were addressed.

Highlights:

• 319 Central Avenue – the building sustained significant structural damage as a result of the May 13^th fire and will most likely need to be demolished. The building has been secured and the owner is waiting for a final disposition from the insurance company.
• The Zoning Board of Appeals met on June 7^th and approved an Area Variance request for the construction of a storage garage for Terry Ortner, on a vacant parcel on Harmon Street due to inadequate lot size and rear yard setback.
• 12 N. Work Street (former bank drive-thru building) – demolition was completed to make way for an expanded parking lot for 1 E. Main Street.
• 1 E. Main Street – received notification from the Falconer Fire Department that portions of the building façade fell to the sidewalk. The sidewalk was barricaded for safety. The owner, Jim Sirianno, was contacted and he promptly had crews removing the attached façade materials.

Department of Public Works

The DPW report was submitted for the period May 5, 2023 – June 9, 2023. 

Trustee Gustafson provided photos of the recently completed chimney repair showing a poorly done job with the mortar. The contractor stated the mortar would wash off of the bricks, but that has not been the case. The board had accepted the lowest bidder for the job, and sometimes you get what you pay for. Attorney Peterson noted that we are required to accept the lowest “responsible” bidder. We need to inform the contractor the work is not acceptable and then define what needs to be fixed in order to get paid. The invoice is on the abstract which can be approved pending satisfactory completion of the repair.

Asphalt Bid Approval – Bids were sent out for asphalt prices since Rauh Paving is no longer approved on the county bid. JMI is on the county bid, prices were received from both JMI and Rauh Paving. 

Trustee Cavallaro made a motion, seconded by Trustee Dunn to accept the county bid for asphalt material. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Library  

The May 8, 2023 – June 12, 2023 Library report was reviewed.

Highlights include:

• The library is busy getting ready for the Summer Reading Program which starts on June 26^th.
• The 6^th grade classes from Falconer Central School visited the Community Building on June 6-8 for a visit with Village Historian, Brenda Cavallaro, for their “Our Place” program. They will be visiting the library on June 13-15^th to learn about the planned library summer events and will finish with a scavenger hunt in the library.
• The reconstruction of the front entryway is scheduled to begin the week of August 21^st.
• The library board amended the by-laws to add another trustee to the board. Dr. Pat Fales is now an honorary member and had served on the library board for over 40 years. Attorney Peterson added that Dr. Pat Fales played with the Frewsburg High School Band at the interment of the body of Supreme Court Justice Robert H. Jackson in 1954.

Committees:

Finance: 

Treasurer Spunaugle gave the board the fiscal 22/23 year-end sales tax report. She is still working with an accounting firm from Fredonia to set up QuickBooks for our accounting system.                                                   

Legal:  

Resolution Water/Wastewater agreement

Attorney Peterson stated resolution no. 6-2023 is a combined resolution for 2 agreements previously reviewed by the board authorizing the execution of inter-municipal agreements for sewer and water services. Also, noted for the record, that these agreements entered into by municipalities are type 2- Action, exempt from New York State Environmental Quality Review Act.

Trustee Dunn made a motion, seconded by Trustee Miller to approve resolution 6-2023, titled the Village of Falconer Board of Trustees resolution authorizing the execution of inter-municipal agreements for sewer and water services. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Gustafson noted that he had a recent conversation in the office with Clerk Capestrani regarding the time capsule that was buried in Davis Park. She had mentioned that Mayor Jaroszynski had received a call from former Dave Kingsley and asked her to check with village historian Brenda Cavallaro as to when it was due to be opened. The 50-year time capsule was buried in 1976 and is due to be opened in 2026.

Reminder: July 12^th is the Falconer Night at the Tarp Skunks baseball game, honoring the Mee family in sports. One of the Mee family members, Grady Mee, is the starting short stop for the Tarp Skunks.  Steve Garvey will be taking professional photos for the event. 

Public Safety: 

Trustee Cavallaro noted that there were 2 dog incidents reported and taken care of by dog control officer, Matt Abbey. He has also asked if the dog complaint form could be added to our website.

Mayor Jaroszynski noted that he had received an email from a resident on E. Everett asking if he could contact the Town of Ellicott police department to get information about setting up a neighborhood watch program.

Downtown Development:  

Trustee Dunn reported that the Downtown Master Plan survey is currently on the website through June 30^th. Copies of the survey are also available at PersNikkity Pies, Falconer Vacuum Shop, Falconer Printing and the Falconer Library.

Mayor Jaroszynski mentioned that he recently contacted Steve Swanson, past president of the Falconer Business Association, to check if the charter still existed and research if they could get the association going again. He also noted that there is a new business going into the old Bairs’ Pizza, Lady T’s Meraki Motif, a craft/gift shop.

Farmers Market:

Trustee Miller spoke with Kurt Scott with Scott Farms and he is planning on setting up his farmers market stand in Davis Park. In addition to Friday, he would like to sell his products on Monday, Wednesday, Saturday and Sunday. 

Parks:

Trustee Miller thanked the Rotary Club for the addition of Disc Golf to Falconer Park, and also thanked Ro Woodard for the concrete corn hole information. Nina Gustafson, Rotary president, reported that the Disc Golf baskets are on order and should be arriving in 2-3 weeks. The Falconer Rotary will be planning a grand opening event once the set-up is complete. The existing 3 baskets are now labeled as “museum pieces” with a plaque noting, made by Stuart Tool & Die.

The Falconer walking club brought to Trustee Gustafson’s attention the erosion occurring on the walking pathway in Falconer Park along the creek edge. The biggest area of concern is on property belonging to LSS and Mr. Schroder in the city of Jamestown. The village had placed a large cement block at the end of the pathway prior to the creek edge. There currently is only about 6 feet between the cement block and the creek edge, much less than when it was placed there. Mayor Jaroszynski would like to get another meeting together with all involved parties, the city of Jamestown, LSS, Mr. Schroder and the village of Falconer.

Pine Hill Cemetery:

Trustee Gustafson reported that the new cemetery signs have been installed and noted that the cemetery crew worked very hard getting everything ready prior to the Memorial Day holiday. They also have been busy with cremation burials and will be starting to plan for fall tree planting.

Planning/Zoning Board: 

The Zoning Board met recently and issued an area variance for Terry Ortner to build a 30’ x 44’ storage building.  Mayor Jaroszynski asked if there has been anything further on the food trucks from the Planning Board. Trustee Gustafson noted that code enforcement was going to propose regulations to be presented to the planning board, but nothing has been submitted at this time.

Old Business:

211 East James

A letter was submitted from Mr. Durland, of 219 E. James Street, with an offer to purchase the village owned vacant lot at 211 E. James in response to the letter that was sent out to neighbors of the property. Trustee Dunn is in favor of selling the property. Mayor Jaroszynski noted that the 6K offer from Mr. Durland is lower than the 12K assessed value of the property. Trustee Gustafson would be in favor of marketing the property again as he would like to see a house built on the property. Mayor Jaroszynski will contact Heather Canaley to draw up a contract to market the property with the stipulation to build a house on the property within a designated time frame. Attorney Peterson clarified that there was previously a “right of reacquisition”, so if a house is not constructed within the time frame, the village would buy it back at 80% of the purchase price.

Disc Golf Update – Falconer Park – update was already discussed under Parks committee.

Code Enforcement Officer update- will be discussed in executive session

New Business:

Senior Class Car Parade

The Falconer Senior Class would like to get the boards’ permission to have a car parade, as they have done the past few years, following the graduation ceremony on Thursday, June 22. They will be driving down Main Street from Falconer School to Alberta and then turn onto Falconer Street to head back to the school.

Summer Activities Flyer – a handout was given with the village summer activities

Busking request in Village Parks for donation

A person called into the office asking if busking, playing music for donations in a public place”, was allowed in the village parks. Normally busking is a spontaneous, not planned act.  No action was taken by the board.

Correspondence:  

Trustee Gustafson’s letter, dated June 12, 2023, which acknowledged his review on June 11 and June 12, 2023 of the unpaid vouchers for Abstract #1 (FY 23/24) and bank reconciliations from M&T Bank and NYCLASS for the month of April 2023 was placed into record.

Abstracts

Motion:  It is moved by Trustee Dunn and seconded by Trustee Gustafson that Abstract #1, General Fund in the revised amount of $65,120.01 be approved for payment with the exception that payment for the chimney work is pending Carl Caprino approval of the work. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #1, Cemetery Fund in the amount of $3,292.28 be approved for payment.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #1, Library Fund in the amount of $11,079.91 be approved for payment. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Miller that Abstract #1, General Fund Hand Items in the amount of $42,474.84 be approved for payment. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Trustee Dunn made a motion, seconded by Trustee Cavallaro to enter executive session to for the purpose of employment that particular people have presented at 7:30 pm. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Executive Session: 

No formal action was taken during executive session.

Trustee Miller made a motion, seconded by Trustee Dunn, to exit executive session at 7:47 p.m. The motion passed unanimously.

Trustee Dunn made a motion, seconded by Trustee Miller, to appoint Alan Gustafson Sr. as the Village’s part-time, as-needed Code Enforcement Officer “to supplement when we’re short.” Roll: Gustafson: Abstain, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

DPW Superintendent Caprino returned to the meeting to discuss the basketball courts at Falconer Park. Chris Johnson from Chautauqua Court Resurfacing, the company selected to resurface the courts later this summer, expressed the concern that filling in the cracks in the current surface may not be enough to prevent future cracks in the new coating due to the settling of the original court foundation. The company suggested a RiteWay membrane system be installed to allow movement under the membrane without new cracks being visible.

Trustee Dunn made a motion, seconded by Trustee Miller, to approve (or authorize) Superintendent Caprino to work with Mr. Johnson on a quote in order to install the membrane system for a cost not to exceed $16,500 utilizing ARPA funds. (That amount includes the original installation cost of $10,500 that was quoted in the fall.) The motion passed unanimously.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to close the regular meeting at 8:04 p.m.

Unanimously approved.

Respectfully submitted,
Cindy Capestrani, Village Clerk

May 8, 2023 Regular Meeting

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief-excused
Paul Andalora, Code Enforcement Officer
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, May 8, 2023 at 6:00 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Visitors

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWD AT A LATER TIME.

Visitor Comments

Brian Nelson – 22 W. Falconer St. – Thank you to the street department for their work cleaning the streets for the Village clean-up day this past Saturday. He also inquired as to how the village of Falconer can get the nicer street light posts on Main Street similar to the new ones that were installed in Randolph. Mayor Jaroszynski commented that this has been discussed at the Main Street Steering Committee meetings. The representatives on the committee from Chautauqua County were going to follow-up with the State DOT since Main Street is on the list for resurfacing.

Minutes

Trustee Dunn made a motion, seconded by Gustafson, to approve the minutes of the April 3, 2023 Budget Workshop Board of Trustees Meeting.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Miller made a motion, seconded by Cavallaro, to approve the minutes of the April 10, 2023 Regular Board of Trustees Meeting.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Mayors Remarks

Mayor Jaroszynski mentioned the upcoming Memorial Day Parade in the village will be held on Monday, May 29^th at 10:15 am. Any organization wanting to participate should contact Steve Cybart at the American Legion. The Village-wide garage sale days will be June 2nd and 3^rd this year. He also thanked the Fire Department, DPW, Falconer Rotary and everyone that participated this past weekend for the village spring clean-up.

Rotary Park Grant – presentation by Twin Tiers Disc Golf (moved up from New Business)

Nina Gustafson from Falconer Rotary, noted that the Rotary Foundation offered an extension on the park grant that was originally offered for the proposed dog park. Andrew Faulkner had approached Falconer Rotary Club about bringing Frisbee Golf to Falconer Park, so with the grant extension, they decided to look further into it. 

Rich Longer, founder of Twin Tiers Disc Golf in the Olean area, presented a budget and map for a proposed disc golf course to be placed in Falconer Park. In 2020 during the pandemic, they installed a course in Olean and it has been a huge success, with approximately 500-1000 participants each month. Their mission is to grow the sport of disc golf with youth clinics, college tournaments and adult disc leagues. Three elements to a successful disc golf course are the golf basket targets, signage and T-pads. The proposal prepared for Falconer Park is for a 9-hole course and would be totally funded by the Rotary Foundation grant and matching funds from the Falconer Rotary club. Currently there are 3 handmade targets in Falconer Park that could be used as practice baskets, adding signs for each basket noting the history behind the basket. The course is laid out to avoid areas of the park with activities such as baseball, with safety being a priority. There is no taking away from the green spaces or the walking trails within the park. Trustee Cavallaro noted that it would be a great addition to the park, bringing more activity and possibly deterring some of the vandalism we have had at the park in the past.

Fire Chief

The Fire Chief’s April report was reviewed and noted that the department responded to 42 EMS, 1 structure fire, 5 storm assessment, 1 medical assist, 3 power lines down, 1 animal rescue, 16 cancelled in route, 1 lift assist, 2 false alarms, 1 assist police, 1 standby, total 74 calls.

Mutual Aid Breakdown – April 2023
Given:  Jamestown-11, Frewsburg-6, Kennedy-3, Fluvanna-1. Gerry-1, Warren-1, total 23  
Received:  Medic 74-10, Alstar EMS-7, Gerry-4, Kennedy-4, Kiantone-2, Tech Rescue-1 total 28

Trustee Cavallaro made a motion, seconded by Trustee Gustafson to approve Darren Pollaro into the Falconer Hose Co. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Code Enforcement

The April code officer report was reviewed. It was noted building permits totaling $675 were issued, totaling 16 permits YTD, 2 building inspections were performed, and many phone calls & emails were addressed.

Highlights:

• 15 E. Pearl Street – Have received many calls from neighbors regarding this empty foreclosed house. A violation letter will be sent out to the local contact for the house.
• Violation letters have been sent out to properties on 11 N. Dow Street, 239 E. Main Street and 20 Richard Avenue.
• 12 N. Work Street (former bank drive-thru building) – demo application is complete with demolition to begin in a few weeks.
• 9 E. Main Street – PersNikkity Pies – renovation complete, grand opening on Friday, May 12^th.

Department of Public Works

The DPW report was submitted for the period April 6, 2023 – May 4, 2023. 

Mayor Jaroszynski received a call about the poor condition of the old horseshoe building in the park that houses the lawn mower and benches. He would like to see it torn down and replaced with a new shed. The shed can be placed on the concrete pad that the building is currently on.

Superintendent Caprino presented quotes for the DPW building for metal siding and painting for comparison.  After discussion it was decided to paint the DPW building now and save for metal siding in the future to avoid having to paint every 10 years.

Trustee Dunn made a motion, seconded by Trustee Cavallaro that we award the painting of the DPW building to Painting Unlimited, option # 2, as long as it includes the painting of the sign using ARPA Funding.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Quotes were reviewed to insert a vent for the boiler in the community building. We need to get it done this summer while the boiler is off. 

Trustee Dunn made a motion, seconded by Trustee Miller to award the relining of the chimney on the Community Building to Chautauqua Mechanical for their quote of $9,574.00 paid for out of the Community Building fund. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Quotes were reviewed for the sidewalk plow and leaf machine. Currently there is $169,000 in the DPW equipment fund. We are behind on our equipment schedule once new equipment is purchased, existing equipment can be sold via Auctions International and applied to the cost of the new equipment with any remaining balance to come out of the fund balance account. 

Trustee Cavallaro made a motion, seconded by Trustee Dunn to purchase both the sidewalk plow and leaf machine using the DPW equipment fund. It was noted that only one company makes a sidewalk plow with tracks and the leaf machine quote is a Sourcewell quote. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Library  

The April 10, 2023 – May 8, 2023 Library report was reviewed. 

Highlights include:

• Three quotes were requested with 2 responses received to reconfigure the front entry way into the library and add a wall book drop box. Hoping to receive money from a NYS Library Construction grant, but until the grant is received would like to start on the project using bullet aid money that was given to the library several years ago. The lowest bid states that the handicap opener and installation is not included in the quoted price, which is needed and was requested, while the other bid includes this feature.
• Trustee Cavallaro made a motion, seconded by Trustee Dunn to accept the bid from R-N Customs for $19,658.31. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.
• The library will host an art display from Fenner Elementary art teacher Laura Obrist’s classes on Tuesday, May 16^th from 4:00 – 6:00 pm.  
• Thanks to the Village for the purchase of a baby changing table and to the DPW for installing it in the public restroom.

Committees:

Finance: 

Treasurer Spunaugle reported that she is currently working with an accounting firm from Fredonia to set up QuickBooks for our accounting system. It has been suggested that after the fiscal year ends that we set up an audit of the books from an outside auditor. The library reserve funds were moved over to NYCLASS and in just 2 weeks have earned $122 in interest.                                                         

Legal:  

Attorney Peterson reported that we received a letter from Michael Goldman, his client Rick Kress has withdrawn his offer to purchase the Cross Street property. As a result, there is no need to continue satisfying the FOIL request as it was related to the Cross Street proposal.

Reminder: July 12^th is the Tarp Skunks baseball game at 5 pm. Would like a list of former board members to invite, Clerk Capestrani will work on list with Laurie Becker.

Public Safety: 

The fire advisory board met on 5/3 and started to review and set up an equipment replacement program and long-range planning programs on the building. It was very eye opening with the increases in equipment. The truck purchased 2 years ago for $700k is now $1M with a 3-4 years delivery time from order date. New engine specification will start in 2027 with the upgrade being approx. $130k. 

Downtown Development:  

The downtown steering committee has been meeting on a regular basis. There is some information that the committee will be working on to report back to B & L for the Downtown Master Plan Project.

Farmers Market:

Trustee Miller noted we are planning to send out a newsletter with information on the Farmers Market and will also post on our Facebook page which will be held from June through September on Friday afternoons.  We should check with the DMV testers to find out what days they are doing road tests. Also follow up with Scott Farms to see if they would like to return this year.

Parks:

Trustee Miller likes the concept of the Disc Golf and the fact that Rotary was going to help out by covering the costs with their grant. She plans to meet with Chris Schrader to discuss expanding the programs offered at the summer recreation program such as improving the tennis courts, adding park equipment, and improving the facilities in the park. The old backstop in the park is not used anymore and could be taken out. Ray Lindquist has not yet provided Superintendent Caprino with what is needed for the dugouts at the baseball field.

Pine Hill Cemetery:

Trustee Gustafson reported that the new signs for the cemetery are being assembled and should be in place for Memorial Day. The crew is working on getting 9 foundations completed prior to the holiday as well.

Planning/Zoning Board:  

Nothing to report

Old Business:

Chautauqua Watershed Conservancy-Chadakoin Cleanup Presentation by:                                              

     Twan Leenders – Director of Conservation at Chautauqua Watershed Conservatory

     Brian Storms – Corporate Environmental Health & Safety Manager at Jamestown Container

     Key points brought up in the presentation:

• Downed trees in the lower Chadakoin River which runs through the village of Falconer are creating a dangerous situation.
• Chautauqua County promotes the waterways in the county, but many of them have been ignored to the point of not being navigable.
• Funding for Chautauqua Lake stops at Warner Dam, the section of the Chadakoin River from Warner Dam to where it meets Cassadaga Creek is completely un-funded.
• Last year the city of Jamestown awarded ARPA funding to the Conservancy to remove accumulated logs and debris from the Warner Dam to the Falconer line. Other municipalities have designated ARPA funds towards this project.
• Currently there is a very large oak tree down by Jamestown Container that has changed the path of the river. It is eroding the entire bank and the river is now within 30 feet of their driveway when it was at least 90 feet away before. The bank eroding away is the village of Falconer property. Superintendent Caprino has spoken with the county and requested they send someone down to look at the downed tree and the problem it is causing.
• The current issue we have is not just removing downed trees, but also taking down the trees before they fall. It is estimated to cost roughly 60K to remove the lumber and another 50K to remove the current standing ash trees that before they fall in.
• Looking to hear from the village of Falconer as to what they can do to help clear the section of the Chadakoin that passes through the village. Possibly help with the trucking of some of the logs/debris as they are taken out. 
• Will be asking for help from the county specifically since there are businesses being jeopardized. The county has ARPA funds that we are hoping could be used towards this project.
• The Conservancy can help with writing grants, obtaining contractors and working with the D.E.C. to get the correct permits needed for the work. The funding is the current challenge.
• Twan will schedule an on-site meeting the County Executive, Town of Ellicott and Village of Falconer to discuss the short-term needs and then plan for the long-term needs for the Chadakoin.

Approval of Trent Beckerink – Full-Time DPW Motor Vehicle Operator

Trustee Cavallaro made a motion, seconded by Trustee Gustafson to approve Trent Beckerink for a full-time DPW motor vehicle operator.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Tyler Becker – New Seasonal DPW Worker

Tyler Becker has recently started working as a seasonal DPW worker 3 hours a day after school and will become full-time seasonal once school is over for the year along with another seasonal hire Nicolas Houston. Tristan Varra has started working as a seasonal DPW worker as part of the Chautauqua Works Year-Round Work Experience Program. Chautauqua Works covers the wages and insurance costs for the participant.

Approval of Matthew Abbey – Village Dog Control Officer

Matt Abbey has accepted the position of dog control officer for the village of Falconer. He is currently the dog control officer for the Town of Kiantone. The contractual service will be the same as it was with former dog control officer Leroy Belin.

Trustee Dunn made a motion, seconded by Trustee Miller to add Matthew Abbey as our dog control officer.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried

New Business:

Collection & Disposal of Solid Waste & Recyclables 3 Year Bid Approval

Trustee Dunn made a motion, seconded by Trustee Gustafson to accept the Casella Solid Waste Bid for 3 years. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Rotary Park Grant – Frisbee Golf 

Trustee Miller made a motion, seconded by Trustee Cavallaro to approve the park grant from the Falconer Rotary for Frisbee Golf. Rotary will purchase everything needed with the grant. Roll: Gustafson: Abstain, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Mayor to attend NYCOM Conference

Mayor Jaroszynski will be attending the NYCOM Conference from May 17-19^th. Trustee Gustafson added that there is funding for one trustee to attend the NYCOM Fall Training if anyone is interested as he attended last fall.

Correspondence:  

Rick Kress Letter 

Zoghlin Group Letter

Fuller Thank You Note – Fanchon Fuller family thanked the board for the recent memorial to Bethlehem Lutheran Church in memory of their mother.

Trustee Gustafson’s letter, dated May 8, 2023, which acknowledged his review of the unpaid vouchers for Abstract #12 (FY 22/23) and bank reconciliations from M&T Bank, Community Bank and NYCLASS for the month of March 2023 on May 7 and May 8, 2023, was placed into record.

Abstracts

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #12, General Fund in the revised amount of $95,270.52 be approved for Payment. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #12, Cemetery Fund in the amount of $1,023.19 be approved for payment.  Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #12, Library Fund in the amount of $1,379.92 be approved for payment. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Dunn that Abstract #12, General Fund Hand Items in the amount of $33,037.96 be approved for payment. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Trustee Gustafson made a motion, seconded by Trustee Dunn to enter executive session to discussion current litigation, City of Jamestown vs Town Council of Ellicott et al at 8:25 pm. Roll: Gustafson: Aye, Trustee Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Executive Session: 

No formal action was taken during executive session.

Trustee Dunn made a motion, seconded by Trustee Cavallaro to exit executive session and re-enter the regular meeting at 8:43pm. Ayes-all. Motion Carried. 

Trustee Gustafson made a motion, seconded by Trustee Miller to close the regular meeting at 8:44 pm. Ayes-all. Motion carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk

April 10, 2023 Annual Budget Hearing / Regular Meeting

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief
Alan Gustafson Sr., Code Enforcement Officer
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, April 10, 2023 at 5:30 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Executive Session:

Trustee Miller made a motion, seconded by Trustee Gustafson to adjourn into executive session at 5:31 pm to discuss a municipal contract with Attorney Peterson present. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Gustafson made a motion, seconded by Trustee Cavallaro to exit executive session at 6:09 pm. Ayes-all. Motion carried.

Visitors

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWD AT A LATER TIME.

Visitor Comments

Ellen Colburn – Elmwood Avenue – has not received any response from last month’s request asking about the fire burning codes. Mayor Jaroszynski noted he is planning on scheduling a meeting with her once the code officer returns from vacation and will include the fire chief as well.

Joel Aiken – 55 E. Elmwood Avenue – Is there any update on the Cross Street scrap yard? Mayor Jaroszynski mentioned that Mr. Kress has not contacted the board with anything further at this time.

Jim Ribaudo – Valmeere Ave – thank you for opening Falconer Park earlier this year.  Also, a thank you out to the Town of Ellicott police for patrolling the park area.

Brian Nelson – 22 W. Falconer St. – Thank you to the village board for permission to lease the property on Main Street for his sheds, and also to Superintendent Caprino for milling the property.                                                         

Minutes

Trustee Gustafson made a motion, seconded by Trustee Miller, to approve the minutes of the March 13, 2023 Regular Board of Trustees Meeting.  Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

2023-2024 Budget Presentation Hearing

Trustee Cavallaro made a motion, seconded by Trustee Gustafson to open the Public Hearing on the 2023-2024 Budget.

Mindy Zoghlin – representing Joel Aiken and other residents of the Village of Falconer – questioned budget line item #1420.6 which refers to legal expenses for an annexation. Does the annexation include any of the property the village bought from Conrail in the 1990’s? Attorney Peterson replied that those expenses relate to the BPU substation. 

The proposed 2023-2024 budget reflects a real property tax rate of $8.47/$1000 of assessment, which is a proposed tax increase of $0.024. This proposed increase is within the limits of the NYS Property Tax Cap Law. Proposed budget 2023-2024 as presented: appropriations $1,580,447 and revenues of $1,580,447.

Trustee Cavallaro made a motion, seconded by Trustee Miller to close the Public Hearing on the 2023-2024 budget. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Trustee Miller made a motion, seconded by Trustee Gustafson to approve the 2023-2024 budget as presented. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Mayors Remarks

Mayor Jaroszynski reminded the board of the upcoming Key Club 5k event on April 15^th, the Fire Department Pancake breakfast on April 22^nd, and the Village Clean-up Day on May 6^th from 9am–noon. Volunteers for the clean-up day will meet at the Fire Department and break off into groups to clean up areas around the village. Dumpsters will also be available at the DPW garage for village residents to dispose of items.

Fire Chief

The Fire Chief’s March report was reviewed and noted that the department responded to 40 EMS, 2 structure fires, 1 outside rubbish fire, 1 medical assist, 1 electrical wiring problem, 1 smoke/odor problem, 15 cancelled in route, 1 public service assistance, 1 false alarm, 1 unintentional system, total 64 calls.

Mutual Aid Breakdown – March 2023
            Given:  Jamestown-10, Frewsburg-3, Kennedy-6, Alstar-1, total 20 
            Received:  Medic 74-6, Alstar-4, Gerry-1, Kennedy-1, Kiantone-2, total 14

Saturday, May 6^th will be the Fire Inspection dinner at the Falconer Moose, cocktails at 6 pm followed by dinner at 7 pm. All trustees and village representatives are invited, reservations due by May 1. The Recruit NY program will be on Saturday, April 22^nd starting with a pancake breakfast and include fire prevention demonstrations and a car seat clinic.

Code Enforcement

The March code officer report was reviewed. It was noted building permits totaling $75 were issued, 3 building inspections were performed, and many phone calls & emails were addressed.

Highlights:

• Violations Identified/ to be pursued list – CEO Gustafson will be assisting CEO Andalora and will have more to report on these at next month’s meeting.
• 23-25 E. Main Street – A new contractor has been secured to complete the phase 1 renovations which include the apartments for the upper three floors and restoration of the front façade along E. Main Street. The contractor has a good reputation and is expecting to complete this phase by the end of this year.
• 102 W. Falconer Street – renovation of fire damaged house near completion
• 12 N. Work Street – Recent call from owner with plans to demolish the former drive-thru bank building for creation of additional parking spaces.

Department of Public Works

The DPW report was submitted for the period March 10, 2023 – April 5, 2023. 

Superintendent Caprino presented 2 quotes for the removal of the chimney, Lewis Contracting and Snow Construction, a third quote was received and then rescinded. Trustee Cavallaro made a motion, seconded by Trustee Miller to accept the contract from Snow Construction for $5000 for removal of the chimney and clean-up of all the debris. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. Payment to be coming out of the building maintenance fund.

Superintendent Caprino will confirm the previous quotes to insert a vent for the boiler once the chimney is taken down.  FSC installed the cameras in the library and replacement camera in the park will be installed in the next week. The garbage and recycling specifications are out for bid with May 4^th as the bid opening. 

Superintendent Caprino has been in contact with Ray Lindquist about the repairs needed on the baseball field dugouts and backstops. 

Three quotes were received for the village landscaping. Need to make sure that all companies have proper insurance. Aaron Lee, representing Erie Insurance, confirmed that the lowest bidder, Yager Lawn & Landscaping has proper insurance currently. The decision was tabled and to be discussed in executive session at the end of the meeting.

Summer help can start the second week of May, currently have one definite applicant, still looking for a second person. Chautauqua Works has a 16-week summer program that we will look at and bring information to the next board meeting.

Library  

The March 13, 2023 – April 10, 2023 library report was reviewed. 

Highlights include:

• The new cameras that were recently installed are amazing, very clear and additional camera provides information on entrance into the library.
• This past month Laurie and Sandy visited another six libraries in the Chautauqua Cattaraugus Library System. They have learned from the visits that the Falconer Library is very fortunate to have the support of the town and village. They plan to visit a few more this spring and then finish back up in the fall with the remaining libraries in the system. 
• The Summer Band concerts are all set for the summer to be held from 6:30 – 8:30 pm on Thursday nights in July at Davis Park.

Committees:

Finance: 

The Falconer Public Library board met and approved moving their reserve account from Community Band to NYCLASS as proposed.

Trustee Gustafson made a motion, seconded by Trustee Miller to move the Falconer Public Library reserve account from Community Bank to NYCLASS.  Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Legal:  

Attorney Peterson brought in a 1984 copy of the Falconer Flare newspaper and gave it to Laurie Becker to keep in the library.

Public Safety: 

Trustee Cavallaro reported that ACO Belin issued one summons for a barking dog.

Trustee Cavallaro read a letter of resignation from ACO Belin effective March 1, 2023, noting that he has enjoyed serving the Village of Falconer as animal control officer for over 30 years.

Trustee Cavallaro made a motion, seconded by Trustee Miller to accept the resignation of ACO Belin. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

The Town of Ellicott police is currently assisting with dog control and we will have a new dog control officer hired in the near future.

The fire advisory board and village Attorney Peterson have reviewed the contract from MedEx for the EMS billing for the Fire Department. MedEx has a good reputation and has worked with other fire departments for many years. The billing cycle with MedEx will be monthly with a detailed report of all billings. The Fire Department billing service with the county ended, and once inspected and certified by NYS, the ambulance service will be back to ALS certified.

Trustee Cavallaro made a motion, seconded by Trustee Miller to accept the MedEx EMS billing agreement. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Downtown Development:  

Nothing to report

Farmers Market:

Trustee Miller noted we are planning hold a Farmers Market from June through September on Friday afternoons. If anyone has vendors interested to sign up to sell their products at our Farmers Market, please pass that information along to her. 

Parks:

Trustee Miller reported that she will be meeting with Chris Schrader to discuss expanding the programs offered at the summer recreation program such as fixing up the tennis courts, adding to the equipment, and improving the facilities in the park.

Pine Hill Cemetery:

Trustee Gustafson reported the removal of 4 trees.  They applied for a grant from the Community Foundation and if received will use to plant new trees.  They are hoping to have the new signs that were discussed at a prior meeting in place prior to Memorial Day.

Planning/Zoning Board:  

Nothing to report

Old Business:

Falconer Legion Fundraiser – Dave Dunn has moved the date out to August and will reach back out to the board at a later date.

Elmwood Property request from Kelly Brown – Kelly Brown had inquired about purchasing village owned property behind her property on 135 Elmwood. The board authorized the use of the village property as long as no permanent structure was added.

5K Run request – Aaron Lee, co-founder Team AjStrong submitted the route for a 5k fundraiser event on June 10^th, 2023 at 10 am.  The event will feature a BBQ food truck and donuts everywhere. Funds raised will help pay to send children to the YMCA Summer Camp program. Trustee Gustafson made a motion, seconded by Trustee Cavallaro to approve the AJ Strong 5k on June 10. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Chautauqua County Partnership for Economic Growth Grant (CCPEG) Downtown Revitalization– A steering committee has been formed and participated in a recent kick-off meeting. The grant received provides for technical assistance from Barton & Loguidice (B&L) to develop a plan for revitalizing the main street corridor in the Village of Falconer.  Trustee Gustafson made a motion, seconded by Trustee Miller to accept the CCPEG and Barton & LoguidiceGrant for the downtown revitalization technical assistance.  Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays. Carried.                                                                                                                                                                            

Chautauqua County Partnership for Economic Growth Grant (CCPEG) – Main Street Green Space Award –the village was awarded a 20K grant to be used originally for 31-37 Main Street. Since 31-37 Main Street is now under contract with Savarino Development, Nate Aldrich from CCPEG has authorized the village to use the money for other improvements to Main Street such as new planters and benches.  Mayor Jaroszynski would like to form a committee to determine what best to use the grant money on. Trustee Miller made a motion, seconded by Trustee Gustafson to accept the CCPEG Main Street Green Space Grant for $20K. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

New Business:

2023 Water/Waste Water BPU Ratification – Trustee Cavallaro made a motion, seconded by Trustee Gustafson to approve the 2023 Water/Waste Water BPU agreement between the Village of Falconer and Jamestown BPU. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Memorial Day Parade 2023 – Steve Cybart with the Falconer Legion will be heading up.

Appointment of new Dog Control Officer – tabled until next meeting

Approval of Full Time Code Officer Position – A full-time code officer position was discussed as needed at the budget workshop on 4/3/23.Trustee Cavallaro made a motion, seconded by Trustee Miller to approve full-time code enforcement position. Discussion: Part-time CEO Andalora and CEO Gustafson are to provide a schedule by May 1 as to what times they will be available until the position can be filled. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Approval of Full Time DPW Motor Vehicle Operator – A full-time DPW Motor Vehicle Operator position was discussed as needed at the budget workshop on 4/3/23. There were 4 DPW motor vehicle workers in the village several years ago. Trustee Miller made a motion, seconded by Trustee Cavallaro to approve full-time DPW Motor Vehicle Operator. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Slick Text – it was decided to continue with current subscription and do more to advertise and get more followers

In compliance with Village Law 50524 regarding the Annual Organizational Meeting, it is 

moved by Trustee Cavallaro and seconded by Trustee Miller to approve:

• Community Bank, M&T Bank and NYCLASS 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, Deputy Treasurer, Village Clerk, Deputy Clerk, Village DPW Superintendent, and Deputy Village DPW Superintendent.
• Appointment of committee members (as listed)
• 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 2024 Organizational Meeting of the Village of Falconer as Monday, April 8, 2024 at 6:00 p.m.

Correspondence:  

Correspondence from Vince Liuzzo on behalf of Chautauqua Watershed Conservancy would like to revisit previous meetings to discuss efforts to enhance/clean-up the Chadakoin river. The board decided to ask him to share his presentation at the next board meeting.

The Falconer Rotary club is planning on having the village yard sales on June 2 & 3. For a $5.00 fee, participants can register their location on a village of Falconer map. Registrations will be accepted from May 1 – 30 at the Falconer Vac Shop.

Abstracts

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Miller that Abstract #11, General Fund in the amount of $48,753.10 be approved for Payment. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Miller that Abstract #11, Cemetery Fund in the amount of $4,620.60 be approved for payment.  Roll: 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 #11, Library Fund in the amount of $2,794.92 be approved for payment. Roll: Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. 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 $36,644.66 be approved for payment. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Gustafson’s letter, dated April 10, 2023, which acknowledged his review of the March 2023 unpaid vouchers on April 9, 2023, was placed into record.

Trustee Miller made a motion, seconded by Trustee Gustafson to move into executive session regarding the contract at 7:45 pm. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Executive Session: 

No action taken by the board.

Trustee Miller made a motion, seconded by Trustee Gustafson to exit executive session at 7:58pm. Ayes-all. Motion Carried. Trustee Cavallaro made a motion, seconded by Trustee Miller to re-enter the regular meeting. Ayes-all. Motion carried.

Trustee Miller made a motion, seconded by Trustee Gustafson to accept Yager’s quote for landscaping to be completed by the week before Memorial Day. Ayes-all. Motion carried.

Trustee Gustafson made a motion, seconded by Trustee Miller to adjourn the regular meeting at 7:59 pm. Ayes-all. Motion carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk

April 3, 2023 Budget Workshop

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

Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Lawrence E. Trask – Deputy Treasurer
Bryce Webster, Fire Chief
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director

The Budget Workshop of the Village of Falconer Mayor and Board of Trustees was held on Monday, April 3, 2023 at 6:00 P.M. in the Falconer Public Library with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Visitors – 

no visitors present

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWD AT A LATER TIME.

2023/2024 Budget Workshop

Mayor Jaroszynski noted the board had received the preliminary budget at the last board meeting for review and asked the department heads to attend tonight’s workshop so that they could answer any questions that the board may have.

Department of Public Works

A report with DPW projects for budget consideration, equipment repairs and a major equipment replacement schedule was reviewed.

Key points brought up in the discussion regarding the reports:

• Need to get major equipment replacement schedule back on track as we are behind in replacing, do not want to spend money on costly repairs or have equipment down when needed.
• Type of street sweeper we use is very expensive, only made by one manufacturer, should look at alternative machines as sweeper was due to be replaced in 2018/2019.
• Money going into equipment reserves need to be looked at and possibly increased due to increase in costs of new equipment to make sure we have money to cover future needs. Projected large equipment expenses should have reserve fund.
• Prefer to pay upfront for equipment to avoid paying interest on loans.
• Suggestion made to get trade value of existing equipment, availability, price of new equipment, and equipment life to help develop an updated replacement schedule.
• Can allocate from fund balance or can use surplus in sales tax to transfer into the equipment reserve or the community building reserve, predicting there will be a surplus at end of this fiscal year from what was budgeted. 
• With a lighter winter this year should have surplus in plow blade, road salt and diesel fuel accounts that will be going back into the street equipment account.
• Looking on getting summer help to start by mid-May. They mainly will be keeping up with all of the mowing on village properties.
• Need to start back on sidewalk replacement and allocating to a sidewalk reserve fund.
• In the past, the DPW department used to have 4 full time workers plus superintendent. Current budget can afford to hire another full time DPW worker. This will help get back on track with sidewalk replacement instead of paying an outside company to replace sidewalks.
• Superintendent Caprino to extend equipment replacement schedule out to year 2050 and bring costs for new equipment for review at May board meeting.
• Tires are needed for backhoe if not replacing, was due to be replaced 2019/2020. Board agreed they should be replaced as backhoe is fine otherwise.
• Loader tires could go for one more year.
• Sidewalk plow tracks can wait until we get resale prices to see if it worth getting new tracks or replacing tracks and keeping sidewalk plow for a few more years.
• DPW building exterior painting needs to be done, last painted about 14 years ago. Superintendent Caprino requested to get quotes. It was also suggested to also get quotes on siding front and sides to compare with painting quotes. Siding will save from having to continue to paint every 10-15 years.  Can possibly use ARPA funds.
• Need to decide on chimney quotes to lock in someone to do the work as soon as boiler can be shut down. Superintendent Caprino to request quotes for next board meeting.
• Single axle truck that has been on order for 2 years is still not built. Since we did not have formal quote or purchase order, will need to get new quotes. Money was accrued for truck so if we start over with new quotes, we can apply that money to painting DPW building.
• Full time code officer was added in the budget. The board agrees that there is a need for one to keep up with all of the property issues within the village. A full-time code officer could also conduct fire inspections in the village which is also needed.

Library

• Library door and entrance can use bullet aid to get done now and replaced if the state aid comes in that was applied for
• The general fund covers expenses and repairs for the library. 
• Laurie and Sandy do a great job getting grants and donations to help with the expenses. They have visited 17 libraries in the system so far this spring and are very grateful for the assistance they receive from the village.

Fire Department

• Operating expenses running tight partly due to inflation and part due to retro-fitting Engine 402 to extend life of truck another 5 years. Possibly that expense should have been taken out of the reserve as it related to fire truck expense.
• Fire advisory board recommended going 2% to operating expenses, 5% to reserve as they can review more closely what comes out of the reserve account and with the increased costs of trucks, we need to build the reserve for future truck replacements.
• Currently going through trucks to update schedule to get back on schedule. Last year costs of fire trucks increased over 26%. Fire Advisory Board looking at costs of new versus replacement time and resale value of current equipment.
• FEMA grant applied for 24 sets of turnout gear.
• SAFER grant applied for to assist with recruitment/retention and bolster the Jr. Program.
• Community Foundation grant applied for to replace firehall kitchen cabinet doors.
• Garage doors and receivers need to be replaced – currently have quote for $6,320 for all 4 doors installed. Deputy Treasurer Trask suggested using operating expenses, the expense to the village is reduced due to shared expenses with the Town of Ellicott.
• Checking with Cummins Engine for a price on a new generator – approx. 17K, much less than a Caterpillar brand originally looking at. Need to contact grant writer to assist in writing a grant for this. Deputy Treasurer Trask suggested taking the expense out of the building reserve so that 55% of expense is shared with Town of Ellicott. Chief Webster would like to have a roof put over the area of the generator and A/C unit to protect during winter months.

General

• The new Animal Control contract will be at the current contracted price with Belin Security who has announced his retirement. The budget was increased anticipating a higher contract and to include a feral cat program.
• Trustee Gustafson has noticed quite a few pieces of playground equipment are broken. In the future we should be looking to do a major overhaul with the playground and get Rotary involved as they have assisted in the past.

Trustee Dunn made a motion, seconded by Trustee Gustafson to adjourn the budget workshop at 8:10 pm. Ayes-all. Motion carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk

March 13, 2023 Regular Meeting

Draft

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief
Paul Andalora, Code Enforcement Officer
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, March 13, 2023 at 6:00 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Visitors

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWD AT A LATER TIME.

Visitor Comments

Prior to visitor’s comments, Mayor Jaroszynski noted that the Cross Street development proposal was not on the agenda and will not be discussed by the board tonight.

Tammy Yager with Falconer Fire Department informed the board of their annual event, Recruit NY Open House, on April 22, from 11am – 2 pm. The event will include a car seat check by Ellicott Police Department. There will also be a pancake breakfast from 8am – 10:30am. Everyone is welcome. The price will be $10 for adults, $5 for children 12 and under, free for children 3 and under. 

Mindy L. Zoghlin, attorney with The Zoghlin Group PPLC representing the Friends of Falconer group including the Aikens, in connection with the proposed scrap metal recycling facility at 20 Cross Street and the adjacent lands owned by the Village.  She noted that she emailed the mayor and board a 7-page letter. Some of the highlights of the letter include:

• The proposed facility is not a permitted use in the industrial district in which it is proposed. This district allows a wide range of manufacturing and light industrial uses. The proposed scrap metal facility is not a manufacturing use.
• The proposed facility is not consistent with the village Comprehensive Plan 2019. The comp plans’ main goal is to make streets safe and useful for pedestrian travel. Vehicular traffic transporting scrap materials to and from the proposed facility would make this residential street unsafe and less useful for pedestrian travel. 
• A better fit for this village parcel would be the proposed dog park.
• Another goal in the comprehensive plan is to improve the village housing market. The scrap metal facility in this residential neighborhood would destroy, not improve the Cross Street residential neighborhood.
• If this project were to continue, both the sale of the village property and the site plan review would be subject to review under the NYS Environmental Quality Review Act (SEQRA). 
• The SEQRA review would require a positive declaration of environmental significance, and preparation of an environmental impact statement. The village owned parcel is adjacent to federally regulated freshwater wetlands.
• In negotiating the sale of municipal property, the village is required to secure both the best price and terms that will be most beneficial to the public.  Converting this village owned parcel bordering a residential neighborhood from vacant land to a scrap metal processing facility would not be the most beneficial use of municipal property, as required by NYS law.

Brian Nelson at 22 W. Falconer Street – he has been trying to lease the vacant parcel on Main Street. Attorney Peterson noted that he can still lease it even though the property is under contract, but he needs to provide a hold harmless insurance certificate.

Ellen Colburn of Elmwood Avenue – previously sent a letter to the board regarding burning in the neighborhood that produces a horrific smell that causes her to lose her breath. Mayor Jaroszynski has forwarded the letter to code enforcement. He suggested that they will get together with the Fire Department to discuss the matter.

Yvonne Bickering of Elmwood Avenue would like to get the speeding on Elmwood Avenue addressed, mostly on during shift changes with the factories on the street. Mayor Jaroszynski will notify the Town of Ellicott police of the issue.

Danielle Marra, recently purchased the old Servis Plumbing building. Paula Blanchard and Rob Savarino have called her regarding selling her property. She feels she had done a lot of work to her building to bring businesses to the village and is not interested.  A better options would be to get the empty Gronquist building sold and included in the plans. 

Minutes

Trustee Gustafson made a motion, seconded by Trustee Dunn, to approve the minutes of the February 13, 2023 Regular Board of Trustees Meeting.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the minutes of the February 13, 2023 Work Session Board of Trustees Meeting.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Trustee Miller made a motion, seconded by Trustee Dunn, to approve the minutes of the February 28, 2023 Special Board of Trustees Meeting. It was noted that Paula Spunaugles’ name needs to be added as in attendance. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Mayors Remarks

Mayor Jaroszynski noted the village had a recent inquiry from a resident to purchase 211 E. James Street vacant lot. The board had previously approved to sell the property at a board meeting on March 8, 2021. The village will be sending out letters to accept offers for the property.

Fire Chief

The chief’s February report was reviewed and noted that the department responded to 55 EMS, 1 natural vegetation fire, 2 outside rubbish fire, 3 electrical wiring problem, 9 cancelled in route, 1 system or detector malfunction, total 71 calls February.

Mutual Aid Breakdown – February 2023
            Given:  Jamestown-8, Frewsburg-7, Fluvanna-1, Kennedy-2, Ellicott Police-1, total 19  
            Received:  Medic 74-6, Alstar-3, Kennedy-2, total 11

FEMA Grant has been submitted, working on SAFER grant now.

Trustee Cavallaro made a motion, seconded by Trustee Dunn to approve Tiara Doud into the Falconer Hook and Ladder Co. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Trustee Cavallaro made a motion, seconded by Trustee Miller to approve Andrew Sweet into the Falconer Hose Co. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Trustee Cavallaro made a motion, seconded by Trustee Miller to approve Ylsa Guiffre into the Falconer Hose Co. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Code Enforcement

The February code officer report was reviewed. It was noted building permits totaling $250 were issued, 3 building inspections were performed, 1 certificate of occupancy and many phone calls & emails were addressed.

Highlights:

• 460 W. Main Street – The Dollar General will be replacing outdoor signage.
• 82 Carter – Hanson Sign will be meeting with to discuss tentative projects planned.           
• 42 Hickory Street – met with contractor to discuss upcoming interior renovations.
• Will be working with CEO Gustafson on updates to the NYS building codes.
• Compiling information for the NYS Uniform Code Administration and Enforcement Report.
• Pearl Street demolition should be starting within the next week.

Department of Public Works

The DPW report was submitted for the period February 10, 2023 – March 9, 2023. Superintendent Caprino reported about a recent vandalism incident on the rec building in Falconer Park. Several sixteen-year-olds threw rocks and smashed the camera, then ripped off some of the fascia board and started a small fire. One of the other cameras in the park helped to identify the ones who broke the camera and a police report has been filed. Superintendent Caprino provided a quote from FSC to replace the broken camera. He noted the camera was sufficient and did not need to be upgraded when questioned by Trustee Dunn.

The city fixed the crossing signal light at Work Street and Elmwood Avenue which was reported as not working at the last board meeting. Mayor Jaroszynski noted he is still working with Legislator Vanstrom on getting the county to take possession of this light. 

Superintendent Caprino is getting the specifications ready to request bids on a new garbage and recycling contract for a bid opening at the beginning of May. The Community Building chimney was strapped as a temporary fix until we can get quotes and take it down to the roof line. Superintendent Caprino is in the process of getting quotes to insert a vent for the boiler once the chimney is taken down but this cannot be done until spring once the boiler is turned off.  

Library  

The February 13, 2023 – March 13, 2023 library report was reviewed. 

Highlights include:

• The annual library report which was submitted on 2/17/23 is complete with all questions answered from the review.
• They summer reading program theme will be “All Together Now” and they are reaching out to local businesses for support and some grants to cover some of the activities.
• This past month Laurie and Sandy visited seven libraries in the Chautauqua Cattaraugus Library System to see how they are set up and what they have to offer. 
• The library is hosting an open house with an escape room on March 17^th to encourage area middle and high school students to come in to see what is new in the library. They have added time slots as the response has been beyond what was expected.
• The Library Board will meet on Thursday, March 23^rd at 8:00 am in the library.

Committees:

Finance: FY 23/24 Proposed Budget Presentation:

Mayor Jaroszynski called for public questions and comments on the proposed 2023-2024 budget noting that this budget reflects a real property tax rate of $8.47/$1000 of assessment, which is a proposed tax increase of $0.024. This proposed increase is within the limits of the NYS Property Tax Cap Law. Treasurer Spunaugle noted that there is an increase in the pilot program for SKF as they are in their 11^th year and the tax is based on assessment versus a set amount from the pilot program.

Mayor Jaroszynski scheduled a Budget Workshop on Monday, April 3^rd at 6 pm in the Community Building Board Room.

Trustee Dunn made a motion, seconded by Trustee Miller to table the villages       2023-2024 fiscal year budget for 30 days as written.  Roll: Gustafson: Aye, Dunn: Aye,   Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Trustee Dunn made a motion, seconded by Trustee Cavallaro to schedule a Public Hearing prior to the board meeting on April 10^th at 6pm for the adoption of the Budget 2023-2024. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Legal:  

Attorney Peterson asked if anyone in the room remembers a newspaper called the “Falconer Flash”. He found a 1984 copy of it and will bring it in to the library.                                       

Public Safety: 

Trustee Cavallaro reported that ACO Belin took care of an animal complaint on 258 E. Everett Street.

Mayor Jaroszynski reported that ACO Belin has been injured in an accident and is currently recovering. He has asked Supervisor Bowman from the Town of Ellicott for assistance and they will address it at their upcoming board meeting. Mayor Jaroszynski wishes ACO Belin a quick recovery.

Downtown Development 

Mayor Jaroszynski noted that Chautauqua County Economic Development Committee visited Falconer as part of a program to see how they can assist the towns, villages and cities in the county. After a short meeting with them, we took them on a village walking tour and to a few other areas within the village.

Farmers Market:

Trustee Miller noted we are planning hold a Farmers Market from June through September on Friday afternoons. We have a list of vendors from a few years ago to contact, but if anyone knows of any vendors that would like to sell their products, please pass that information along to her. 

Parks:

Trustee Miller reported that we lost the funding from the Rotary for the dog park, but are still looking for a suitable site. Mayor Jaroszynski reached out and confirmed that Chris Schrader is going to return as the park recreation director for this season. Mayor Jaroszynski also noted that the DPW is looking for 2 seasonal workers.

Pine Hill Cemetery:

Trustee Gustafson passed out information from Peter Fuller showing 2 new signs for the cemetery, one to replace the existing sign with a double-sided sign as well as putting a smaller sign up on Mapleshade. He is also planning to apply for a grant from the Community Foundation to help pay for expenses to add and remove trees.

Planning/Zoning Board:  

nothing to report

Old Business:

Village Spring Cleanup – will be held on Saturday, May 6^th, from 9am to 12pm. There will be dumpsters located at the Village Highway Garage. In conjunction with the Falconer Rotary, there will be a village wide clean up beginning at 9am at the Falconer Fire Department. Bring your own rakes, brooms and gloves. A complimentary lunch will be provided for all workers.

5K Run request – Aaron Lee, co-founder Team AjStrong submitted a route for a 5k fundraiser event on June 10^th, 2023.  After review, it was noted that since the route went outside of the village and was on a state highway, they would need to contact the Town of Ellicott and the State DOT.  The decision to approve was tabled. Clerk Capestrani will suggest for them to change their route as well as provide us with an insurance certificate for review at the next board meeting.

New Business:

Annual Easter Egg Hunt – to be held Saturday, April 1^st at 10am in Falconer Park sponsored by: Falconer & Community for Our Youth, Falconer Fire Department, Henry Mosher American Legion Post 638, Falconer Moose Club, and Town of Ellicott PBA

Key Club Bunny Hop 5K – to be held on Saturday, April 15^th starting at 9am.

Trustee Dunn made a motion, seconded by Trustee Gustafson to allow the Key Club Bunny Hop 5K on April 15^thpending that they get involved with the police and fire department and they provide an insurance binder. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Windsong Mobile Unit – to be held on Friday, March 17 from 9am – 3pm, 115 Davis Street, Falconer, NY. 

Falconer Legion Fundraiser – to be held on Sunday, May 21, requesting permission for a parade as part of the event. Mayor Jaroszynski will contact Dave Dunn as to the size of the parade.

Elmwood Property request from Kelly Brown – the request needs to be more specific as to what property requesting with a GIS map. Clerk Capestrani will get more information.

Partnership for Economic Growth Grant – The village was awarded a $20,000 grant from CCPEG for a Main Street Green Space which was applied for prior to the sale of the property to Savarino Development. Mayor Jaroszynski will check with Nate Aldrich from CCPEG to see if the grant award can be moved to another project on Main Street.                                                                                                                                                                                                    

Correspondence:  

Letters from 2 residents, the Zoghlin letter, and a petition were received, all relating to the Cross Street proposed sale and will go on record as well as a letter from a resident expressing a need for a dog park in the village.

Abstracts

Motion:  It is moved by Trustee Dunn and seconded by Trustee Miller that Abstract #10, General Fund in the revised amount of $81,133.46 be approved for Payment. Roll: Gustafson: Abstain, Dunn: Aye Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #10, Cemetery Fund in the amount of $671.04 be approved for payment.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried 

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #10, Library Fund in the amount of $2,149.43 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Gustafson that Abstract #10, General Fund Hand Items in the amount of $37,594.02 be approved for payment. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Gustafson’s letter, dated March 13, 2023, which acknowledged his review of the February 2023 unpaid vouchers and bank reconciliations for M&T Bank, Community Bank and NYCLASS on March 12, 2023, was placed into record.

Executive Session: 

Trustee Dunn made a motion, seconded by Trustee Miller to move into executive session at 7:22 pm to discuss village development proposal. Attorney Peterson noted this is Section 105 of the Public Officers Law. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Dunn made a motion, seconded by Trustee Miller to exit executive session. Ayes-all. Motion carried.

Trustee Dunn made a motion, seconded by Trustee Gustafson to adjourn the regular meeting at 8:31 pm. Ayes-all. Motion carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk