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April 11, 2022 Annual Budget Hearing / Regular Meeting

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

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
Bryce Webster, Fire Chief
Alan Gustafson, Code Enforcement Officer
Anna L. Fales, Village Clerk

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, April 11, 2022 at 7:00 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll

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

Visitors

Nina Gustafson- Falconer Rotary Club President and Brenda Weiler -newly appointed Library Board member were present to observe the proceedings.

Parliamentary Procedure

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

Budget Hearing

Trustee Dunn made a motion, seconded by Trustee Gustafson, to open the Public Hearing on the FY 2022-2023 Budget at 7:02 pm.  Roll: Gustafson: Aye, Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried. 

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

Trustee Dunn made a motion, seconded by Trustee Gustafson, to close the Public Hearing on the FY 2022-2023 Budget at 7:04 pm.  Roll: Gustafson: Aye, Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried. 

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the FY  2022-2023 Budget as presented.   Roll: Gustafson: Aye, Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried. 

Trustee Gustafson made a motion, seconded by Trustee Dunn to enter into executive session at 7:05 pm for the purpose of discussing employee contract negotiations.  Roll: Gustafson: Aye, Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried.  Mayor Jaroszynski requested Treasurer Trask and Clerk Fales to remain in attendance.  All others were excused.

No actions were taken in executive session.

Trustee Dunn made a motion, seconded by Trustee Gustafson to close the executive session and re-enter into the public portion of the meeting at 7:32 pm.  Roll: Gustafson: Aye, Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried.  Clerk Fales invited administrative staff and visitors to rejoin the meeting.

Moment of Silence:

A moment of silence was held for former Chautauqua County Executive Jack Glenzer.

Minutes

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the March 14, 2022 regular meeting of the Mayor and Board of Trustees, as written.  Roll: Gustafson: Aye, Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried. 

Fire Chief     

The chief’s March report was reviewed and noted that the department responded to 46-EMS, 5-medical assist, 1-combustible spills/leaks, 1-structure fire, 1-electrical wiring problem, 0-water problem, 10-dispatched/cancelled, 0-public assistance, 1-malicious,mischievous false alarm, 2-system or detector malfunction and 4-unintentional system/de-operation- 71 total calls in March (214 calls-YTD).

Mutual Aid Breakdown- March

Given:  Jamestown-4, Frewsburg-3, Kennedy-2, Kiantone-0,  Fluvanna-0, Alstar-0, 0-assist to A-71 (driver), Gerry-3. Total-12.

Received: Medic 74-4, Kennedy-2, Frewsburg-0, Fluvanna-0, Gerry-0, Coroner-0, Kiantone-1 Alstar-6, Wet team-0 and Jamestown-0.  Total-13.

Code Enforcement

The March code enforcement report was reviewed.

 THIS MONTHYEAR TO DATE
Building Permits Issued11
Building Permit Fees Collected$25$25
Building Inspections Performed13
Certificates of Occupancy00
Certificates of Compliance00
Phone calls/Personal Contacts/Emails410
Complaints Received/Actions Taken00
  • Code enforcement officer, Paul Andalora reported that he passed his third and fourth of 6 CEO classes. 
  • The annual NYS Division of Building Standards and Codes: Uniform Codes: Uniform Code Administration and Enforcement Report for calendar year 2021 has been submitted.

Department of Public Works

The DPW report was reviewed for the period March 14, 2022 to April 8, 2022. Superintendent Caprino informed the board that he has alerted Lutheran Social Services to the erosion issue at the back of the foot path in Falconer Park.  The Lutheran Home owns the damaged property, not the Village.

Attorney Peterson is a $8900 price increase presented by Henderson for the dump box bid awarded via the Sourcewell contract in April of 2021 for the new International truck.

New Ceiling tiles and light bulbs have been ordered for the Falconer Park Rec building.

Library 

The March 14-April 11, 2022 library report was reviewed.  This month the library received $40.00 (copies/fax), $31.00(fines), $57.00 (Book Sales), $530.00 (gifts & donations), and $1,061.37 (other). 

Mrs. Becker introduced Brenda Weiler to the Board.  Mrs. Weiler is the new appointee to the library board.

Mayor Jaroszynski read a note he received from Gloria Strickland complimenting Laurie Becker and Sandy Thies, stating that they always are “warm, welcoming and go above and beyond”.

Legal

Last month the Robert H. Jackson Center hosted a gathering of all previous and current Chautauqua County Executives.  Mr. Peterson commented, “who would have known that Mr. Glenzer would be gone one month later?” 

Mr. Peterson suggested that good opportunity to gather village officials past and present might be to host everyone at  the Jamestown Tarp Skunk ball park on July 13, 2022.

Committees:

Downtown Development:

Old Tasta Pizza building and Olson building on E. Main Street have been sold.  The new owners plan to develop for new business.

Parks:

There have already been 235 respondents to the park survey. 

New Business:

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to appoint Peter Fuller trapper for the Feral Cat Program, with all the rights and responsibilities thereof . Roll: Gustafson: Aye,  Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried.

Trustee Dunn made a motion, seconded by Trustee Miller, to resolve that Trustee Gustafson’s Standard Workday be set at 6 hours and Record of Activities result of 1.83, based on his documented work hours between 1/1/2020-3/31/2020.  Roll: Gustafson: Abstain,  Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried.

Trustee Gustafson made a motion, seconded by Trustee Cavallaro, to approve Jonathon Chafee and Reality Check’s group Earth Day smoking debris clean up activity to take place in village parks the week of April 18, 2022. Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried.

Trustee Dunn made a motion, seconded by Trustee Miller, to authorize Treasurer Trask to enter into an agreement with Kalf Insurance Resources to act as the Village’s group benefits advisor/specialists in partnership with Great Lakes Insurance at no additional upfront cost.  Roll: Gustafson: Aye,  Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried.

Mr. Peterson noted that Jamestown made the very 1st Earth Day Resolution on April 19, 1970.

Organizational Meeting:

Trustee Dunn made a motion, seconded by Trustee Gustafson, in compliance with Village Law 50524 regarding the Annual Organizational Meeting, it is moved and seconded to approve:

  • Appointment of Deputy Mayor Anthony Cavallaro
    • Community Bank and M&T Bank as Village of Falconer depositories
    • Designation of the Jamestown Post-Journal as the official newspaper for the publishing of legal notices,
    • Continued participation in the Chautauqua County Mutual Aid Agreement
    • Reappointment of Village Treasurer, 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 will be held at 6 pm on the 2nd Monday of every month in the Firemen’s Exempt Hall, 2 Coleson Drive.
    • All regular board meetings that fall on a Monday holiday will be held the Tuesday immediately following the holiday
    • Designate health & life insurance brokerage- Kafl Insurance Resources.  Group benefit advisors/specialists in partnership with Great Lakes Insurance.
    • The present Procurement Policy
    • The present Disaster Plan
    • The present Public Health Emergency Plan
    • Setting the 2023 Organizational Meeting of the Village of Falconer as Monday, April 10, 2023, at 6:00 p.m.

Roll: Gustafson: Aye,  Dunn: Aye, Miller: Aye, Cavallaro: Aye and Jaroszynski: Aye. Nays: none.  Carried.

Correspondence:  

Trustee Gustafson’s letter, dated April 11, 2022, which acknowledged his review of the March 2022 unpaid vouchers on April 10, 2022 and bank reconciliations for M&T Bank and Community Bank on April 11, 2022, was placed into record. 

Abstracts:

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #11, General Fund in the amount of $ 39,086.23 be approved for payment.  Roll: Gustafson: Aye,  Dunn: Aye, Miller: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #11, Cemetery Fund in the amount of $ 1,350.65 be approved for payment.   Roll: Gustafson: Aye,  Dunn: Aye, Miller: Aye, Cavallaro: 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 $ 1,283.82 be approved for payment.  Roll: Gustafson: Aye,  Dunn: Aye, Miller: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Motion:  It is moved by Trustee Cavallaro and seconded Trustee Miller that Abstract #11, General Fund Hand Items in the amount of $ 38,537.09 be approved for payment. Roll: Gustafson: Aye,  Dunn: Aye, Miller: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Trustee Gustafson made a motion, seconded by Trustee Dunn to adjourn the meeting 8:43 pm. Vote was approved unanimously. Carried.

Respectfully submitted,
Anna Fales, Village Clerk

March 14, 2022 Regular Meeting

Deputy Mayor Anthony Cavallaro
Trustee Timothy Dunn
Trustee Alan Gustafson, Jr.
Trustee Annette Miller

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
Bryce Webster, Fire Chief
Paul Andalora, Code Enforcement Officer
Anna L. Fales, Village Clerk

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, March 14, 2022 at 7:07 P.M. at the Firemen’s’ Exempt Hall with Deputy Mayor Anthony Cavallaro presiding. 

Pledge of Allegiance & Roll

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

Parliamentary Procedure

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

Visitors: 

Steve Cybart- Falconer American Legion, Joann Bennett-Valmeere Avenue, Brian Nelson-Falconer Vac Shop, Peter Fuller-N. Work Street, County Legislator Lisa Vanstrom, and Nina Gustafson- Falconer Rotary Club President were present to observe the proceedings.

A motion was made by Trustee Dunn, seconded by Trustee Miller, to approve the use of Falconer Park for the Annual Linda K. Memorial Easter Egg Hunt on April 9, 2022.  Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried. 

Mrs. Bennett reported that several feral cats are living in the shed located on the rental property at 17 Valmeere, which is directly adjacent to her home and causing damage to her property.  She also noted that on the same property there is a dead pine tree that needs remediation. She noted that these issues had been previously reported with no resolution.

Mr. Nelson voiced three questions/concerns to the board:

  1. Would like to see the Main Street areas leveled by the March 2017 fires graded off and grass planted.
  2. Requested parking spaces repainted along Main Street.  This is a state road.
  3. Concerns regarding snow removal at local businesses.

Trustee Dunn made a motion, seconded by Trustee Miller to approve Peter Fuller’s request to hold the 2nd Annual Christmas in July village-wide event and parade, July 21-23, 2022.  Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried. 

Finance:

Treasurer Trask presented the 2022-2023 Proposed Budget for review by the Board of Trustees.   Mr. Trask noted that the proposed budget is “balanced” and “very conservative”.  The total appropriations for the 22/23 proposed budget are $1,459,844 and revenues are $1,459,844.  The proposed budget reflects an “increase in property taxes by the allowable tax cap”. Therefore, an owner of a $100,000 home will pay an additional $17.16 in village taxes in 22/23. 

Trustee Gustafson made a motion, seconded by Trustee Dunn to table the FY 22/23 proposed budget for 30 days, as written.  Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried. 

A public hearing on the budget will be scheduled for April 11, 2022 at 7pm in the Firemen’s Exempt Hall.

RESOLUTION #3-2022: Trustee Dunn made a motion, seconded by Trustee Miller, to approve the following modifications to the FY 21/22 budget:

  1. Increase budget line item A1620.21 for payment of new digital sign and associated installation costs of approximately $52,500 from increased sales tax revenue A1120.
  2. Increase A9901.9 Transfer to Library by $6,000 to total $85,000, from increased sales tax revenue A1120.

Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried. 

In further discussion, Treasurer Trask noted that the reglazing of the window lintels at the exempt hall, and purchase of a computer for the treasurer, laptop for the clerk and printer for the code officer should be finalized before the end of FY 21/22.

Trustees Dunn and Gustafson recommended that all computers should be set up on a three-year replacement cycle going forward. 

County Legislator:

County Legislator Vanstrom gave a brief legislative update.

Minutes

Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the minutes of the February 14, 2022 work session and regular meetings of the Mayor and Board of Trustees, as written.  Roll: Dunn: Aye, Gustafson: Aye, , Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried. 

Fire Chief     

The chief’s February report was reviewed and noted that the department responded to 46-EMS, 3-medical assist, 2-combustibe spills/leaks, 1-structure fire, 1-electrical wiring problem, 3-water problem, 10-dispatched/cancelled, 3-public assistance, 1-system or detector malfunction and 4-unintentional system/de-operation- 74 total calls in February (223 calls-YTD).

Mutual Aid Breakdown- February

Given:  Jamestown-6, Frewsburg-5, Kennedy-3, Kiantone-0,  Fluvanna-0, Alstar-0, 0-assist to A-71 (driver), Gerry-0. Total-14.

Received: Medic 74-9, Kennedy-7, Frewsburg-0, Fluvanna-0, Gerry-0, Coroner-0, Kiantone-1 Alstar-4, Wet team-1 and Jamestown-0.  Total-22.

Code Enforcement

The February code enforcement report was reviewed.

 THIS MONTHYEAR TO DATE
Building Permits Issued00
Building Permit Fees Collected$0$0
Building Inspections Performed02
Certificates of Occupancy00
Certificates of Compliance00
Phone calls/Personal Contacts/Emails57
Complaints Received/Actions Taken00
  • Code enforcement officer, Paul Andalora reported that he passed his second of 6 CEO classes. 
  • An inquiry was made regarding the Dow Street property adjacent to the sub-station to be used as a staging area for battery storage

Department of Public Works

The DPW report was reviewed for the period February 14, 2022 to March 11, 2022.

Trustee Dunn made a motion, seconded by Trustee Gustafson, to empower Superintendent Caprino to seek sealed public bids for the Removal and Repair of the DPW Garage Roof and for the Repair and Restoration of the DPW Garage Floor Drains.  Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried.  The village plans to use the ARPA funds for the DPW Garage Roof project. Final approval on use of the ARPA funds will be given once project costs are confirmed.

Trustee Gustafson made a motion, seconded by Trustee Dunn, to approve the Chautauqua County Department of Health to hold two drive-thru rabies clinics in the DPW garage on April 2 and 23rd, from 10 am-1 pm.  Pre-registration is required .  Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried.  The county must provide the village with  certificate of insurance with the village listed as an additional insured, prior to the first event.

Library 

The February 14-March 14, 2022 library report was reviewed.  This month the library received $66.00 (copies/fax), $22.00(fines), $102.00 (Book Sales), $913.00 (gifts & donations), and $3,511.70 (other). 

Trustee Miller made a motion, seconded by Trustee Gustafson, to approve the Library Board’s recommendation to appoint Brenda Weiler to the position of Falconer Public Library Board Trustee.   Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried.  Mrs. Weiler will be filling the position recently vacated by Brandon Caruso.

Legal

Mr. Peterson invited everyone to a presentation at the Robert H. Jackson Center on March 24 at noon.  Author Kathleen Brady, noted biographer of Lucille Ball and Ida Tarbell will be the featured speaker as part of the center’s Turner Winter Series.

On April 1st, at 10 am, the Winter Series will resume with ,”The Role of the Federal Prosecutor” Trini E. Ross, U.S. Attorney for the Western District of New York.  At 11:00 am a play will be read: “The Trial of Al Capone”, followed at noon with a luncheon interview with Hon. Jeremiah J. McCarthy, U.S. Magistrate Judge, United States District Court for the Western District of New York, and lead by Greg Peterson.

Committees:

Public Safety:

DOC Belin issued one appearance ticket for three unlicensed dogs at 340 W. Main Street.

Downtown Development:

A letter of support of the Falconer Square Project was signed by the trustees and is to be sent to Home Leasing in support of their anticipated NYS DHCR funding application.

Parks:

The final draft of the park survey was reviewed and agreed that it will be posted to Slick-text, Facebook and the village website, as well as hard copies available at the clerk’s office and the library. 

A proposed mountain bike path project at Falconer Park is being researched.

Planning Board:

A meeting will be scheduled to resume Food Truck guidelines.

New Business:

Trustee Dunn made a motion, seconded by Trustee Gustafson, to set and notice a public hearing for the FY 22/23 Budget and Annual Organizational Meeting on April 11, 2022 at 7 pm in the Firemen’s Exempt Hall.  Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried.

Correspondence:  

Clerk Fales submitted to record a letter from the Chautauqua County Offices of Emergency Services requesting the village’s participation in a County-Wide  Multi-Jurisdictional Hazard Mitigation Plan Update.  This project is being funded through a FEMA grant and requires local jurisdictions to participate in order for them to remain eligible FEMA’s pre-disaster and post-disaster mitigation grant programs.  Clerk Fales will submit the required information to the County this week.

Trustee Gustafson’s letter, dated March 14, 2022, which acknowledged his review of the February 2022 unpaid vouchers and bank reconciliations, was placed into record. 

Abstracts:

Motion:  It is moved by Trustee Dunn and seconded by Trustee Gustafson that Abstract #10 General Fund in the amount of $93,175.59 be approved for payment. Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: 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 $ 369.66 be approved for payment.  Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: 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 $ 1,714.39be approved for payment.  Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried. 

Motion:  It is moved by Trustee Miller and seconded by Trustee Dunn that Abstract #10, General Fund Hand Items in the amount of $ 37,919.03 be approved for payment.  Roll: Dunn: Aye, Gustafson: Aye,  Miller: Aye, and Cavallaro: Aye. Nays: none.  Carried.

Trustee Dunn made a motion, seconded by Trustee Miller to adjourn the meeting 8:55 pm. Vote was approved unanimously. Carried.

Respectfully submitted,
Anna Fales, Village Clerk

February 14, 2022 Regular Meeting

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

Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
Bryce Webster, Fire Chief
Paul Andalora, Code Enforcement Officer
Alan Gustafson, Code Enforcement Officer
Anna L. Fales, Village Clerk

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, February 14, 2022 at 7:07 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding.   

Pledge of Allegiance & Roll

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

Moment of Silence: 

A moment of silence was held for Glen H. Dickerson, Jr. and Timothy Strickland.  Mr. Dickerson served as the village code officer for 10 years, was a 50+ year member of the Falconer Fire Department and also a past fire chief.  Mr. Strickland was a past member of the Falconer Fire Department.  

Parliamentary Procedure

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

Visitors:   

Nina Gustafson, Falconer Rotary Club President was present to observe the proceedings.

Minutes

Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the minutes of the January 10, 2022 regular meeting of the Mayor and Board of Trustees, as written.  Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.   

Fire Chief       

The chief’s January report was reviewed and noted that the department responded to 41-EMS, 2-medical assist, 1-auto fire, 1-structure fire, 2-chemical release, 2-water problem, 13-dispatched/cancelled, 1-false alarm, 2-public assistance, and 5-unintentional system/de-operation- 70 total calls in January (149 calls-YTD). 

Mutual Aid Breakdown- January

Given:  Jamestown-6 (2 cancelled), Frewsburg-7, Kennedy-5, Kiantone-0,  Fluvanna-0, Alstar-0, 0-assist to A-71 (driver), Gerry-1. Total-21. 

Received: Medic 74-7 Kennedy-5, Frewsburg-0, Fluvanna-0, Gerry-1, Coroner-0, Kiantone-1 Alstar-4, and Jamestown-0.  Total-18.

  • Chief Webster reported that the DerKobbler’s meets the 2nd Thursday of each month. 
  • Training continues on the new fire engine. 
  • Mutual aid run cards are being updated with 4 zones in Village of Falconer 

 Code Enforcement 

The code enforcement report was reviewed for the period January 10-February 11, 2022.   

  • Code enforcement officer, Paul Andalora reported that he passed his first of 6 CEO classes and started the second series of classes today.   
  • It was noted that the code office is awaiting information from the Department of State as to their specific requirements for the downtown Chicagoland Reality properties located on E. Main Street.  Once specifications are provided from the state, new permits will be issued for the proposed construction/renovation project.   
  • Water/Sewer issues at the old Prime Steakhouse property are still being addressed.  CEO Gustafson believes the property is vacant at this time.

Department of Public Works

The DPW report was reviewed for the period January 10, 2022-February 11, 2022.    

  • Installation of the fire department’s new drinking fountain/bottle filler has been completed.  
  • The electronic entry door in the library has stopped working.  A reconfiguration of the entryway is being considered.  Contracting quotes will be needed per the village procurement policy.  Trustee Dunn suggested an outside foyer to avoid using limited library space for an internal foyer. 
  • Superintendent Caprino noted that the DPW is way behind on its truck replacement schedule.  The board reviewed two trade/piggyback proposals for the current ¾-ton  and the 1-ton trucks which Treasurer Trask suggested could be purchased through 5110.2 and 5110.4 budget line items.  Trustee Dunn made a motion, seconded by Trustee Cavallaro to replace the 2013 1-ton and 2015 ¾ ton-Chevy trucks using the proposed trade/piggyback bids, as submitted, at a net cost of $28,198 using $18,000 from line item 5110.2 and $10,198 from line item 5110.4 in FY 21/22 .  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 approve payment of all necessary costs associated with renewal of Peter Fuller’s pesticide applicator permit which is required by the DEC to administer the village’s annual mosquito larvae pesticides. Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.   
  • Superintendent Caprino asked for approval the immediate hire of  Daniel Colburn in preparation to replace Brenton Yager, who has resigned his position from the DPW as of March 31, 2022.  This will be a 32-day overlap of the two employees for specifically for training purposes.  Trustee Cavallaro made a motion, seconded by Trustee Dunn to hire Dan Colburn, effective immediately, for position of DPW motor vehicle operator, on a provisional basis, per the current collective bargaining agreement.  Roll: Gustafson: Aye, Dunn: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.   
  • The scope of work report for the Community Building chimney, parapet, and brick pointing, prepared by RE Kelley, was reviewed by the board, noting the parapet, chimney, and first-floor steel window lintels are the most critical issues. A knock down and/or replacement of the chimney and parapet are recommended. The chimney restoration is most critical and needs to go to public bid, using scope of work details provided by RE Kelley.  Superintendent Caprino was asked to contact RE Kelley for additional information on the remaining phases work needed. 

Library   

The January 10-February 14, 2022 library report was reviewed.   

  • Library board members, Dr. Pat Fales, Pam Vanstrom, Steve Swanson and Lisa Conti, were sworn in ,by Village Clerk Anna Fales, on January 27, 2022 during the FPL board’s regular January meeting. 
  • National Popcorn Day on January 19th and National Lego Day on January 28th were celebrated with fun activities for patrons. 
  • The Audubon Society nature photography club is displaying their “Spring” themed collection the entire month of February in the FPL.  A meet and greet with photographers was held February 12th from 10:30 am-12:30 pm. 
  • Ro Woodard is holding a NYS boating safety course on February 19th in the Falconer Fire 

Department from 8 am-4 pm.  The event is co-sponsored by the FPL and the Falconer Fire Department with a pizza lunch provided compliments of Sue Seamans.  Currently, there are 16 people signed up. 

This month the library received $21.00 (copies/fax), $0.00(fines), $38.00 (Book Sales), $910.00 (gifts & donations), and $934.67 (other).   

Committees:

Public Safety:

Trustee Cavallaro entered into record, the NYS Department of Agriculture Dog Control Inspection Report completed on 1/11/2022, which rated DCO services as “Satisfactory”.

Downtown Development:

Resolution #1-2022-A motion was made by Trustee Dunn, seconded by Trustee Miller, authorizing the approval of another 18-month extension, without lapse, of the original Falconer Square Site Plan approval, as outlined in a letter dated, February 7, 2022, from Mr. Dan Brocht of Labella Associates, with the following revisions/corrections to be made: 

  • Current Zoning is Village Center, not R-2 
  • Note that the Village Board, not the Planning Board, provided approval of extensions of all approvals until February 10, 2022. 

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

Note:  The letter below, originally dated February 7, 2022, was revised on February 16, 2022, to reflect the above listed revisions as requested by motion of the Village Board.   

February 7, 2022 
Revised February 16, 2022 

Village of Falconer Planning Board 
101 West Main Street 
Falconer, NY 14733 

RE: Falconer Square – Home Leasing 

Members of the Board: 

The proposed project of Falconer Square is to be located in the Village of Falconer on tax parcels 371.10-0429, 371.10-04-30, 3710-04-31, 371.10-04-32, 371.10-04-34, 371.10-04-35, 371.10-04-36, 371.10-04-37, 371.10-04-38 and a portion of the Village of Falconer right of way which are all located in an area zoned (VC) – Village Center by the Village of Falconer. According to the Village of Falconer municipal code, the proposed project is an allowable use and is in conformance with the Village’s regulations. No variances are required. 

  • Preliminary Site Plan approval was granted by the Village of Falconer Planning Board at their meeting on November 20, 2019. 
  • On January 21, 2020 the Planning Board issued a Negative Declaration on SEQR and recommended that The Village Board approve the Final Site Plan at their next meeting. 
  • The Village Board issued Final Site Plan approval on February 10, 2020 per resolution #3-2020. 
  • The Village approved abandonment of existing ROW as part of Site Plan Approval on February 10, 2020.  
  • At the August 11th 2020 meeting, the Village Board approved an extension of all approvals until February 10, 2022. 

The project is currently being prepared for a 2022 resubmission to the funding institution for review and approval. As the project continues to go through the funding application process, I would like to formally request that the Board grant an additional extension to guarantee that there are no gaps in the project’s Village approvals, as required by the funding agency.

If you have questions or require further clarification, please contact me directly at (585) 472-2967.

Respectfully submitted, 

LABELLA ASSOCIATES, D.P.C. 

Dan Brocht 

Dan Brocht
Senior Project Manager

Resolution#2-2022-A motion was made by Trustee Dunn, seconded by Trustee Steele, to amend Resolution #1-2022, to specify that all necessary Village approvals relating to the Home Leasing Falconer Square Project be extended until August 14, 2023, as required by the funding application.  Roll: Gustafson: Nay, Dunn: Aye, Cavallaro: Aye, Miller: Aye and Jaroszynski: Aye. Carried. 

Farmers Market: 

Trustee Miller is planning to hold this year’s market on Fridays in Davis Park from 11 am6 pm, running from June 17-end of September.  She will be reaching out to vendors with dates and time. 

Finance: 

The third quarter tax receipts (2/3/2022) was $93,135.  Total YTD is $301,124.  Treasurer Trask reported that this is $2,444 over budgeted amount of $298,680 with the final quarter yet to be received. 

Parks:

A draft of the park survey was reviewed and discussed as to the best mode of distribution and for compiling results.  Trustee Miller noted that Google Forms online complies results automatically.  It was agreed that the survey would be active for 30 days.  Mayor Jaroszynski thanked Nina Gustafson and Trustee Miller for their work on the project.  

Planning Board: 

The discussion regarding street opening fees was tabled another month, until the March meeting. 

A brief discussion was held regarding issues of dually trucks parking illegally in the village.  Superintendent Caprino reported that he placed notices on all known dually vehicles in the village, citing village code 127-16, asking them to please comply with the law.

Cemetery: 

Trustee Gustafson noted that there were 4 burials in the month of January. 

Old Business: 

Mayor Jaroszynski reported that he and Superintendent Caprino had a very positive meeting with county executive Wendell regarding the transfer of management of the traffic light  at Elmwood Avenue and South Work Street.  Mr. Wendell will follow up on his with his department heads and report back. 

Clerk Fales noted that record of activity reports were received from Trustee Gustafson and Trustee Cavallaro.  Once all activity reports are received, a standard workday resolution for all will be entered into record and sent to the state retirement department. 

The annual Pride Day planned for the 1st Saturday in May will include an opportunity for residents who which to dispose household (most) items free of charge. Allowable items can be brought to the DPW, from 9 am -3 pm that day, for disposal or recycling.  Paints and chemicals, electronic devices, tires of all types and refrigerators if Freon has not been removed cannot be accepted.  The village clerk’s office will distribute free stickers to residents.  Proof of residency will be required. 

Free COVID tests will be distributed through the Village Clerk’s office while supplies last.  Proof of residency is required. Clerk Fales will post a notice in the Post Journal and through Slick Text. 

Correspondence:   

Clerk Fales submitted to record a letter, dated January 31, 2022, from the NYS Department of Environmental Conservation regarding property owned by Daniel Leighton, 3790 Ross Mills Road, noting Wetland LW-9 Boundary Delineation. 

Trustee Gustafson’s letter, dated February 14, 2022, which acknowledged his review of the January 2022 unpaid vouchers and bank reconciliations, was placed into record.   

Abstracts:

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #9, General Fund in the amount of $42,025.45 be approved for payment. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.   

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #9, Cemetery Fund in the amount of $ 1,071.66 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #9, Library Fund in the amount of $ 2,450.50 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Dunn that Abstract #9, General Fund Hand Items in the amount of $ 36,539.90 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Mayor Jaroszynski noted that he will be away next month and will be appointed Trustee Cavallaro as Deputy mayor during his absence. 

Trustee Dunn made a motion, seconded by Trustee Miller to adjourn the meeting 9:23 pm. Vote was approved unanimously. Carried. 

Respectfully submitted,
Anna Fales, Village Clerk

January 10, 2022 Regular Meeting

Mayor James M. Jaroszynski
Trustee Timothy Dunn

Trustee Alan Gustafson, Jr.
Trustee Anthony Cavallaro
Trustee Annette Miller

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
Bryce Webster, Fire Chief
Alan Gustafson, Code Enforcement Officer
Anna L. Fales, Village Clerk

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Monday, January 10, 2022 at 7:00 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding.   

Pledge of Allegiance & Roll

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

Parliamentary Procedure

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

Visitors:   

Nina Gustafson, Falconer Rotary Club President was present to observe the proceedings.

Minutes

Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the minutes of the December 13, 2021 regular meeting of the Mayor and Board of Trustees, as written. Trustee Dunn questioned the fire report structure and the reason zeros were reported for categories.  Clerk Fales explained that reporting all categories monthly provides a more accurate tracking of yearly totals.  Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.   

Library   

The December 13, 2021- January 10, 2022 library report was reviewed.  Mrs. Becker gave a final report on the “25 Days of Reading” , noting that there were 7,996 views of the stories throughout the month of December.  A $550 Adult Literacy Grant was awarded to the library from the Chautauqua Cattaraugus Library System to be used to encourage Senior readers to embrace technology as an aid to continue their enjoyment of literacy. This will be a partnership with students from Falconer Central School who will work one-on-one with Seniors.  The grant will also help bridge the gap between young and old as they provide encouragement for continuing literacy. The library board is scheduled to meet again on January 27, 2022.   

This month the library received $26.00 (copies/fax), $6.00(fines), $122.00 (Book Sales), $4,960.00 (gifts & donations), and 550.00 (CCLS grant).   

Code Enforcement

No formal code report was presented for the month of December.  CEO Gustafson noted that he continues to work with Mr. Andalora to get him acclimated into his new position.

Department of Public Works

The DPW report was reviewed for the period December 10, 2021-January 7, 2022.    

Fire Chief       

The chief’s December report was reviewed and noted that the department responded to 41-EMS, 2-medical assist, 1-auto fire, 1-gas leak, 1-electrical issue, 1-public service, 26-dispatched/cancelled, 4-malfunction, 1-accidential trip, and 1-unknown- 79 total calls in December. 

2021 Year-end total calls- 936
2021 Year-end total personnel hours- 1,977.75

Mutual Aid Breakdown- December

Given:  Jamestown-11, Frewsburg-10, Kennedy-2, Kiantone-2, Gerry-0, Fluvanna-0, Alstar-0, 0-assist to A-71 (driver), and Randolph-1.

Received: Medic 74-6, Kennedy-2, Frewsburg-0, Fluvanna-0, Gerry-1, Coroner-0, Kiantone-2, Alstar-7, Stat Medivac-11, and Jamestown-0.

  • Chief Webster reported that he is working on putting together a fire truck maintenance agreement with Churchville.  All light work would still be performed by the DPW.  
  • A list is being complied for the upcoming budget of needed maintenance in the fire hall. 
  • Will be applying for grants for fire truck equipment. 
  • Looking to replace 2 outdated desktop computers with 2 laptops ($450 each) and 1 pc ($380) through Tech Soup for not-for-profits. The chief was instructed to move forward with the purchase as long as he had the funds in his budget. 
  • Training continues on new fire engine. 
  • A list of old equipment is being complied for liquidation. 

Legal  

Mr. Peterson recognized the accomplishments of Falconer native, Elizabeth Vanstrom Hirz, who will be the first women to lead the Erie County, Pa., District Attorney’s Office.  Mrs. Hirz is the daughter of Jim and Jeanne Vanstrom.

Committees:

Public Safety:

Trustee Cavallaro reviewed the December Dog Control Report, noting DOC Belin followed up on an unsafe, unsanitary living conditions and unsafe /too many dogs complaint at 340 W. Main Street.  The resident was instructed by DOC Belin to license the 2 adult dogs.  The puppies appeared to be less than 8 weeks old. DOC will follow up.   

The feral cat program was discussed.  The village will need to train new trappers for this program.

Downtown Development: 

The Western New York Regional Empire State Development Council (ESD) awarded Home Leasing with a $950,000 grant for the Falconer Square project.  Mayor Jaroszynski stated that this is ”positive” news and makes us “very hopeful” that the project will also be awarded funding through the upcoming Community Development Block Grant program (CDBG) round.  “We will have to wait and see but we are hopeful.”  “It has been a great team effort up to this point.” 

Farmers Market: 

Trustee Miller reported that she is currently working to find the best day and times for the market. 

Parks:

Trustee Miller and Nina Gustafson will work on compiling a series of survey questions for community interests at Falconer Park, including thoughts on a proposed dog park, alternative uses for the tennis courts, etc.

Planning Board:

A meeting which was scheduled for January 11th has been postponed for at least 30 days due to the rise in COVID-19 cases in the area.

Old Business:

Following an extensive discussion, a request for use of the Community Building Hall was tabled until the next board meeting.  Trustee Cavallaro requested more information on use guidelines, liability, and concerns regarding COVID-19.

Trustee Dunn made a motion, seconded by Trustee Gustafson, to table Chautauqua Lake Rowing Association’s request to use the Community Building for indoor practice from March 7-April 1, 2022. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  Clerk Fales will compile information on use guidelines and liability.  

New Business:  

Trustee Dunn made a motion, seconded by Trustee Cavallaro to authorize Mayor Jaroszynski to enter into a Memorandum of Understanding with Falconer Central Schools regarding the proposed Shared Service Agreement, dated December 2021.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried. 

Mayor Jaroszynski reported that the village will be holding a free COVID test kit and N-95 mask distribution in the lobby of the Community Building tomorrow, January 11th from 5pm-6pm.  Proof of residency is required.

Correspondence:        

Trustee Gustafson’s letter, dated January 10, 2022, which acknowledged his review of the December  2021 unpaid vouchers and bank reconciliations, was placed into record.   

Abstracts:

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #8, General Fund in the amount of $36,963.90 be approved for payment. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.   

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #8, Cemetery Fund in the amount of $ 122.95 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #8, Library Fund in the amount of $ 1,291.52 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Miller that Abstract #8, General Fund Hand Items in the amount of $ 35,918.79 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Trustee Dunn made a motion, seconded by Trustee Cavallaro to adjourn the meeting and enter into executive session to discuss the personnel agreement terms at 8:51 pm. Vote was approved unanimously. Carried. 

No action taken by the board.  

Trustee Dunn made a motion, seconded by Trustee Cavallaro to adjourn the executive session at 9:11 pm. Vote was approved unanimously. Carried.

Trustee Dunn made a motion, seconded by Trustee Miller to adjourn the meeting 9:11 pm. Vote was approved unanimously. Carried. 

Respectfully submitted,
Anna Fales, Village Clerk

December 13, 2021 Regular Meeting

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

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

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

Pledge of Allegiance & Roll

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

Parliamentary Procedure

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

Visitors: 

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

Minutes

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

Library 

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

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

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

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

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

 Code Enforcement

The October-November code enforcement report was reviewed:     

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

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

Department of Public Works

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

Fire Chief     

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

Mutual Aid Breakdown- November

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

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

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

Fire Chief Bryce Webster

1st Assistant Keith Babcock

2nd Assistant Avery Faulkner

3rd Assistant Tyler Stimson

Captains:
Brenton Yager
Cody Catalano

President Greg Scott

Vice President Kirsten Sisson

Treasurer Peter Fuller

Secretary Lela Perdue

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

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

Committees:

Public Safety:

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

Finance:

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

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

Parks:

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

Pine Hill Cemetery:

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

Planning Board:

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

Old Business:

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

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

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

New Business:

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

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

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

 Correspondence:      

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

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

Abstracts:

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

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #7, Cemetery Fund in the amount of $ 205.86 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #7, Library Fund in the amount of $ 2,446.85be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Gustafson that Abstract #7, General Fund Hand Items in the amount of $ 52,507.54be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

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

No action taken.

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

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

Respectfully submitted,
Anna Fales, Village Clerk

November 8, 2021 Regular Meeting

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

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

The regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Tuesday, November 8, 2021 at 7:00 P.M. at the Firemen’s’ Exempt Hall with Mayor James Jaroszynski presiding.  

Pledge of Allegiance & Roll

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

Parliamentary Procedure

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

Visitors:  

Joseph Taylor, 25 E. Falconer Street and as a representative of Waddington’s Tavern regarding incidents that occurred at the tavern on several occasions involving residents of 340 W. Main Street.  He suggested that the village consider adopting a code that would govern properties which have reoccurring police calls, similar to a code adopted by the city of Jamestown.

Minutes

Trustee Cavallaro made a motion, seconded by Trustee Gustafson, to approve the minutes of the October 12, 2021 work session meeting and regular meeting of the Mayor and Board of Trustees. Dunn: Abstain, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Library  

The October library report was reviewed.  This month the library received $31.00 (copies/fax), $9.00(fines), $41.00 (Book Sales), $1,895.00 (gifts & donations), and $2,537.09 (other). 

Trustee Dunn made a motion, seconded by Trustee Miller, to approve Courtney Theofilactidis, effective immediately, to fill 6 hours of the position of Falconer Public Library’s part time library page, which was vacated by Maree Dunn in September.  Roll:  Dunn, Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried.

The library is celebrating Children’s Book Week, November 8-14th.  The theme is “Reading is a Superpower”.

Village Historian, Brenda Cavallaro is working on decorations for the history tree commemorating the 100thAnniversary of the Community Building.  Mrs. Cavallaro will be decorating the tree with angel ornaments with the names of past and present members of the village administrations and department heads.  The tree will be on display in the lobby of the Community Building throughout the holiday season.  Attorney Peterson suggested that this might be the perfect occasion to hold a reunion of former village officials, marking this unique moment in time.  

Mrs. Becker requested approval for Ro Woodard to use the fire hall training room for a boater safety training course on Saturday, February 19, 2022.  Mrs. Woodard is directed to contact Chief Yager for approval.

The library, in conjunction with the Falconer Rotary Club, will be hosting 25 Days of Christmas Stories.  Village officials and members of the community are invited to participate as guest readers.  The readings will be taped and posted to the library Facebook page starting on December 1st.  Santa Claus will read the final book in the 25-day series.

Code Enforcement

The October code enforcement report was reported verbally by Code Officer, Alan Gustafson.  He noted 5 building permits were issued totaling 35 YTD.   He made special note of the following issues and complaints:

  • Cherry Street water issue-still working on a resolution
  • 144 W. Main Street-bad living conditions-the property has been posted
  • Bailey E. Main Street Buildings- DOL stopped work on properties. The scope of work was more than the permit listed.
  • W. Mosher Street property-no permit
  • Budget Inn-bed bug/cockroach complaint
  • N. Dow Street property-roof remains unfinished.  Will require a full inspection to rule out water damage, etc.
  • 217 East Pearl Street- court decision has been finalized.  Follow up with insurance carrier-start condemnation process.

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the hiring of Paul Andalora as the new code enforcement officer for the village, effective immediately.  Roll:  Dunn, Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried.  Mr. Andalora has a background in manufacturing and construction; however, he is uncertified and must complete the NYS Code Enforcement Officer certification.  He will remain a provisional hire until his certification is completed.

Department of Public Works

The DPW report was reviewed for the period October 11, 2021-November 4, 2021.   Superintendent Caprino was instructed to research the cost of installing a bottle filling water fountain in the fire hall truck bay and the feasibility of remediating the water flow issue versus capping off the water fountain in the training room.

There was a short discussion regarding the DPW equipment replacement recommendations.  Superintendent Caprino noted that a snow plow and the one-ton truck are due (overdue) for replacement per their schedule.

Fire Chief       

The chief’s October report was reviewed and noted that the department responded to 65-EMS (559-YTD), 1-medical assist (1-YTD), 1- false alarm (1-YTD), 1-structure fire (13-YTD), 1-grease fire (1-YTD), 1-truck fire (10-YTD), 7-fire alarms (41-YTD), 2-excessive heat-no fire (2-YTD), 0-MVA (13 YTD), 3-CO Alarm (8-YTD), 1-natural gas leaks (6-YTD), 0-truck stuck on tracks (1-YTD), 1-extrication rescue (1-YTD), 0-smoke in building (1-YTD), 0-trees down (2-YTD), 0- lines down (1-YTD), 0-flooded basements (9-YTD), 4 lift assist (11-YTD), 5-stand-by (10-YTD), and 13-dispatched then cancelled (13-YTD), totaling 106 calls (767-YTD) as reported in October.  

Mutual Aid Breakdown- October

Given:  Jamestown-18 101-YTD), Frewsburg-12 (91-YTD), Kennedy-1 (14-YTD), Kiantone-1 (6-YTD), Gerry-2 (6-YTD), Fluvanna-2 (4-YTD), Alstar-1 (3-YTD), 3-assist to A-71 (driver) 3-YTD):  totaling 40 (228-YTD).

Received: Medic 74-3 (50-YTD), Kennedy-4 (27-YTD), Frewsburg-1 (3-YTD), Fluvanna-0, Gerry-2 (11-YTD), Coroner-0, Kiantone-2 (4-YTD), Alstar-3 (17-YTD), Stat Medivac-1 (2-YTD), and, Jamestown-0:  totaling 16 (118-YTD).

Trustee Cavallaro made a motion, seconded by Trustee Dunn, to accept Courtney Delahoy for full membership into the Falconer Volunteer Fire Hose Company, as of November 14, 2021.    Roll:  Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried.  Miss Delahoy is a Junior member of the Falconer Fire Company, is in the current EMT class, has passed all the necessary medical and background checks and will turn 18 years of age on November 13, 2021.

There are currently 6 Falconer Fire Department members enrolled in the Chautauqua County EMT class.

Chief Yager noted that the FEMA grant decision is due in a few weeks.  If awarded, it will provide funding for 17 sets of fire gear.

Chief Yager requested permission to compose a list of unused fire equipment to sell in auction.  The board noted that the list must document explicitly each item, the auction process, the decision guidelines to accept/deny bids and the potential value of each item.  The list should then be presented to the board for approval.

The fire department Christmas dinner will be held on December 11th at the Firemen’s Exempt Hall.  Cocktails at 6 pm and dinner at 7 pm.

Committees:

Legal:

Mr. Peterson reiterated his support of a reunion of village officials.

Public Safety:

Trustee Cavallaro reviewed the October Dog Control Report. 

Finance:

Treasurer Trask’s sales tax analysis was reviewed noting that sales tax continues to trend higher than expected.  Clerk Fales reported that the village is required to increase its “Dishonesty Insurance” as one of the Jamestown Container CDBG grant stipulations.  Funds will be provided through the grant to cover the additional expense, therefore, there is no liability to the village.  Clerk Fales also made quick mention that there is federal legislation pending which may expand the use of ARPA funding.

Parks:

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

Pine Hill Cemetery:

Trustee Gustafson reported that the trees, which were purchased thanks to a Chautauqua Region Community Foundation grant, have arrived to planted along the road and throughout the PH section of the cemetery.

Planning Board:

Trustee Gustafson reported that a date of November 30th at 6:30 pm is tentatively set for the planning board to consider implementing food truck regulations in the village.

Old Business:

Alan Gustafson invited the board to participate in the Santa Parade on the evening of November 20th.  Line-up starts at 4:15 pm on Dow Street with the parade stepping off at 5 pm.  Robert Cross of 3-C’s Catering will have his food truck in Coleson Park, near the Santa House, selling hot dogs and hot chocolate following the parade.  The Rotary is donating books to be handed out to children who visit Santa following the parade.

New Business: 

Congratulations to Trustee Cavallaro and Trustee Miller for their wins in last week’s election.  

Clerk Fales noted that in a letter dated, October 14, 2021, the NYS Retirement Division has requested updated tracking’s and Standard Workday Resolutions for several village officials.  Officials were provided a copy of the letter, including instructions on how to correctly track their activities and were given a deadline of February 2022 to turn in their tracking reports.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the purchase and installation of a backup camera system on the new Pierce fire engine at a cost not to exceed $4,000, and to be paid with funds from the Fire Truck Reserve Account. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried.

Correspondence:      

Clerk Fales submitted to the board a copy of the Public Notice, which is to be posted at the request of the Chautauqua County Planning Board, regarding “30-day period of the inclusion of predominantly viable agricultural lands into existing agricultural districts.  Clerk Fales will post the notice in the lobby of the Community Building beginning, November 9, 2021. 

Trustee Gustafson’s letter, dated November 8, 2021, which acknowledged his review of the October 2021 unpaid vouchers and bank reconciliations on November 7, 2021, was reviewed and placed into record.  

Mayor Jaroszynski requested Clerk Fales post “What You Should Know About the Emergency Broadband Benefit” flyer in the lobby of the Community Building, the library and on the village Facebook page to help assist residents in need.

Abstracts:

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #6, General Fund in the amount of $ 85,360.73 be approved for payment. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.  Trustee Dunn questioned the M&T credit card expenses.  Trustee Gustafson noted that the credit card was used for the approved Clerk/Treasurer NYCOM conference expenses.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #6, Cemetery Fund in the amount of $ 1,411.59 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #6, Library Fund in the amount of $ 14,534.33 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Miller that Abstract #6, General Fund Hand Items in the amount of $ 33,358.36 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Mayor Jaroszynski reviewed an email received from Treasurer Trask, dated November 8, 2021, regarding an inspection performed by Tim Strickland and his recommendations for repair of the windows in the Firemen’s Exempt Hall.  Superintendent Caprino was asked to follow-up on the repairs.   Trustee Cavallaro noted that the village should come up with a plan for regular maintenance and repairs of village buildings.

Trustee Dunn made a motion, seconded by Trustee Gustafson to adjourn the meeting at 8:33 pm. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Respectfully submitted,
Anna Fales, Village Clerk

October 12, 2021 Regular Meeting

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

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
Eric Yager, Fire Chief
Anna L. Fales, Village Clerk 

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

Pledge of Allegiance & Roll

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

Parliamentary Procedure 

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

Visitors:   

Nina Gustafson, President of the Falconer Rotary Club, and Ron Schlegel of R.E. Kelley, Inc. in Brownsville, NY, were in attendance for board meeting. 

Minutes 

Trustee Gustafson made a motion, seconded by Trustee Cavallaro, to approve the minutes of the September 13, 2021 work session meeting and regular meeting of the Mayor and Board of Trustees. Roll:  Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried. 

Trustee Gustafson stated that the August fire chief’s report noted for calls given 4 YTD to Gerry, not 2. Clerk Fales will correct in the regular meeting minutes. 

Fire Chief        

The chief’s September report was reviewed and noted that the department responded to 77-EMS (494-YTD), 1-structure fire (13-YTD), 0-truck fire (9-YTD), 0-trees down (2-YTD), 5-fire alarms (34-YTD), 0-MVA (13 YTD), 0- lines down (1-YTD), 2 lift assist (7-YTD) and 0-flooded basements (9-YTD), 4-stand-by (5-YTD), 0-CO Alarm (5-YTD), totaling 96 calls (661-YTD) as reported in September.   

Mutual Aid Breakdown- September 

Given:  Jamestown-9 (83-YTD), Frewsburg-22 (79-YTD), Kennedy-2 (13-YTD), Kiantone-1 (5-YTD), Gerry-0 (4-YTD), Fluvanna-0 (2-YTD), and Alstar-1 (3-YTD):  totaling 35 (192-YTD). 

Received: Medic 74-7 (47-YTD), Kennedy-3 (23-YTD), Frewsburg-1 (3-YTD), Fluvanna-0, Gerry-3 (9-YTD), Coroner-0, Kiantone-0 (2-YTD), Alstar-2 (14YTD), Stat Medivac-1 (2-YTD), and, Jamestown-0:  totaling 17 (102-YTD). 

The board once again voiced their concerns regarding the high volume of mutual aid EMS calls into a certain neighboring district.  Trustee Cavallaro noted that “mutual aid is not meant to have anyone (department) handle daily calls.  Mutual aid is for help.  Each department has a responsibility to their district to cover their own calls.”  Chief Yager stated that “Ambulance 71, when available, is the first unit toned out, then Falconer. 

Trustee Cavallaro made a motion, seconded by Trustee Miller, to accept Justin Marsh for membership into the Falconer Volunteer Fire Hose Company.    Roll:  Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried.  Mr. Marsh was a past member of the Falconer Fire Company and has passed all the necessary medical and background checks. 

Code Enforcement 

The August -September code enforcement report was reviewed and noted 8 building permits were issued ($185.00), 30 YTD ($1,472.68), 15 building inspections performed (24 YTD), 0 certificates of occupancy (18 YTD), 2 certificates of compliance (4 YTD), N/R* phone calls/personal contact/email (90 YTD), 14 complaints received/actions taken (45 YTD), 0 notices of violation mailed (0 YTD), 0 notice of violations solved (0 YTD).    

Department of Public Works 

The DPW report was reviewed for the period September 13, 2021-October 7, 2021.   Several village and shared service projects were completed. 

Superintendent Caprino reported that the old fuel tanks and pumps sold at auction for $2,025.00. The DPW will be winterizing Falconer Park this week and locking the gates for the winter right before Halloween.  Leaf pickup starts Monday.  DPW staff will be back on 5-day work week beginning October 18, 2021. 

Mr. Ron Schlegel, of R.E. Kelley, Inc., gave the board a brief description of his findings and remediation recommendations following his preliminary inspection of the Community Building masonry; including the parapet, chimney block and mortar around the garage doors.  

Photos of the chimney were provided to the board showing the severe condition of the chimney’s brick and mortar, which substantiate Mr. Schlegel’s recommendation to either cap it off at the roofline or to have it rebuilt, depending on whether or not the chimney is being used to vent the heating system.  Mr. Schlegel proposed that a real lift be brought in to be used to safely pull some of the bricks in order to inspect the extent of damage and degradation of the existing brick and mortar.    The installation of flashing around the garage doors was also suggested to help minimize deterioration caused by water.  Mr. Schlegel noted if they performed the inspection in the fall, the village would have a good idea of the scope of work needed; minimizing the need for assumptions on work needed and total associated cost. 

Trustee Cavallaro noted that it has been approximately 30 years since the Community Building was repointed. 

Library   

The September library report was reviewed.  This month the library received $95.00 (copies/fax), $71.50 (fines), $76.00 (Book Sales), $335.00 (gifts & donations), and $2243.80 (other).   

The library board met on September 23rd and took the following actions: 

  • Approved Carrie Lyon as part-time library page, replacing Maree Dunn. Final approval is requested from the village board. 
  • Approved the Lego station for children, with the understanding that parents will be responsible to monitor their own children. 

The board received a mini diversity grant to purchase materials for specials needs classes, books, resources to be used to help “break the barriers of special needs aversion”.  The grant was written successfully by Sandy Thies.

Mrs. Becker noted that the owner of the Edward Work home located on E. Mosher Street has inquired regarding the village’s interest in its historical value should the current owner choose to sell the home. 

Trustee Miller made a motion, seconded by Trustee Cavallaro, to approve Carrie Lyon for the position of Falconer Public Library’s part time library page, effective immediately.  Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye.  Carried. 

Committees: 

Legal: 

Mr. Peterson submitted at photo copy of American Heavyweight Bare-knuckle Boxing Champion, John L. Sullivan.  The photo was autographed during John L’s visit to Falconer in 10/30/1886. Inscribed along with his autograph, is the phrase,” Remember me I am the Knocker”.  Mr. Peterson suggested the village add the photo to a village scrapbook for historical purposes. 

Public Safety: 

Trustee Cavallaro reported that 3 members of the truck committee will be traveling to Appleton, WI for a final inspection on the new pumper truck.   

Finance: 

The tax collectors report, dated 11/12/2021, of unpaid village taxes totaling $34,888.85, was submitted to the board for approval. 

Parks: 

The dog park committee is scheduled to meet on 10/14/2021.  Mayor Jaroszynski stated that he would like the village to develop a park survey for residents to have input on what they would like to see in Falconer Park. 

Pine Hill Cemetery:

Fall foundations are in. 

Old Business: 

The Village was awarded a Community Development grant from NYS to assist Jamestown Container in repair, upgrade and remediation activities at its manufacturing facility at 14 Deming Drive in the Village.  

The electric sign committee will be meeting in November to review final price quotes. 

Nina Gustafson, Falconer Rotary President, told the board that they will be holding the Santa Parade in the evening this year, at 5pm on November 20th.  The Rotary will contact the Fire Auxiliary Craft Fair organizers regarding the change in time.  Additionally, the Rotary is planning several other activities in hopes to build a daylong celebration of the holiday season.

New Business:  

Clerk Fales proposed the village consider holding semi-annual Village-Clean-up Days, similar to those held in Celoron.  Celoron, allows residents to dispose of trash, metals and other household items, free of charge, 2 times per year (some items will be excluded). 

Superintendent Caprino asked for approval to publish employment ads for a DPW motor vehicle operator to begin training as Mr. Yager’s replacement.    

Trustee Gustafson stated that he would invite Kris Stimson, of the Falconer School reunion committee to discuss their 2022 village-wide reunion plans at an upcoming board meeting.  He also noted that he and Trustee Miller had met to discuss potential uses for the ARPA funding.  He noted that the village has until April 2022 to provide a list of uses for the funds. Trustees Miller and Gustafson feel that a survey of village residents might be helpful. 

Halloween trick or treat hours are set in the Village from 5:30-7 pm on October 31st

Correspondence: 

The Falconer Rotary requested that the Village proclaim October 24, 2021 at World Polio Day.   

Trustee Gustafson’s letter, dated October 12, 2021, which acknowledged his review of the September 2021 unpaid vouchers and bank reconciliations on October 11, 2021, was reviewed and placed into record.   

Abstracts: 

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Miller that Abstract #5, General Fund in the amount of $ 36,444.27, reflecting the addition of $4500.00 due to Donegal Construction Corporation for the purchase of 2.5” Mill Asphalt, 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 #5, Cemetery Fund in the amount of $ 746.33 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 #5, Library Fund in the amount of $ 1,587.28 be approved for payment.  Roll:  Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Motion:  It is moved by Trustee Miller and seconded by Trustee Cavallaro that Abstract #5, General Fund Hand Items in the amount of $ 33,768.36 be approved for payment. Roll:  Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Trustee Miller made a motion, seconded by Trustee Cavallaro to adjourn the meeting at 8:26 pm. Roll:  Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Respectfully submitted,
Anna Fales, Village Clerk 

September 13, 2021 Regular Meeting

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

Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director
Eric Yager, Fire Chief
Anna L. Fales, Village Clerk

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

Pledge of Allegiance & Roll

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

Visitors:

Nina Gustafson, President of the Falconer Rotary Club, Sandy Thies, Falconer Street, Marlana Hitchcock, 4075 Dean School Road, and Bruce Rockwell, 13 Lindsey Avenue, were all in attendance for the public hearing and board meeting.

Public Hearing-Proposed Local Law #2-2021-Opt-Out Cannabis Dispensaries and Onsite Consumption Establishments

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to open the public hearing at 7:05 pm. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Mayor Jaroszynski read the Legal Notice as printed in the Jamestown Post Journal on August 28, 2021.

LEGAL NOTICE
VILLAGE OF FALCONER, NY
COUNTY OF CHAUTAUQUA

Notice is hereby given that a public hearing will be held by the Village Board of Trustees of the Village of Falconer, New York, on September 13, 2021, at 7:00 p.m. in the Firemen’s Exempt Hall, 2 Coleson Drive, Falconer, NY, for Proposed Local Law #2-2021, with respect to the following matter:

Proposed Local Law No. 2 of 2021

A proposed local law pursuant to Cannabis Law § 131 opting out of licensing and establishing retail cannabis dispensaries and/or on-site cannabis consumption establishments within the Village of Falconer.

Section 1. Legislative Intent

It is the intent of this local law to opt the Village of Falconer out of hosting retail cannabis dispensaries and/or on-site cannabis consumption establishments within its boundaries.

Section 2. Authority

This local law is adopted pursuant to Cannabis Law § 131, which expressly authorizes the Village of Falconer to opt-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries.

Section 3. Local Cannabis Retail Dispensary and/or On-Site Consumption Opt-Out

The Board of Trustees of the Village of Falconer, County of Chautauqua, hereby opts-out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments from locating and operating within the boundaries of the Village of Falconer.

Section 4. Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date

This local law shall take effect immediately upon filing with the Secretary of State. Pursuant to Cannabis Law § 131, this local law is subject to a forty-five (45) day (October 28, 2021) permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or a referendum has been conducted approving this local law (No. 2-2021).

By order of the Board of Trustees of the Village of Falconer, New York.
Dated: August 27, 2021
Anna L. Fales, Village Clerk

Mayor Jaroszynski opened the floor to public comment. Bruce Rockwell, suggested the village should opt-in, not opt-out, so that the tax dollars would remain in the village. Marlana Hitchcock, stated that the village should opt-out. She said that there are too many drugs already. It is not a good idea to bring dispensaries and consumption sites into the village. Sandy Thies also requested the village opt-out, noting that the village has enough on its hands in Falconer.

Clerk Fales noted that during the work session, responses received from residents who contacted the clerk’s office were read to the board. None of the respondents were in favor of opting-in for either retail dispensaries nor on-site consumption establishments.

Trustee Dunn made a motion, seconded by Trustee Gustafson, to close the public hearing and return to the regular board session at 7:11 pm. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Parliamentary Procedure

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

Visitors:

Steve Cybart from the Falconer American Legion, Henry Mosher Post No. 638, was in attendance for the regular meeting to discuss the Post’s plans to hold an Octoberfest event in the village on October 2, 2021. Following Mr. Cybart’s presentation, there was a brief discussion.

Trustee Cavallaro made a motion, seconded by Trustee Gustafson, to authorize Homestead Street between W. Main Street and W. Falconer Street, be closed from 9 am-9 pm on October 2, 2021, for the Falconer American Legion to hold an Octoberfest event. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried. Trustee Miller, as the parks liaison, will work with the Legion on any needs for the event.

Minutes

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the minutes of the August 9, 2021 work session meeting of the mayor and board of trustees, as written, Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to approve the minutes of the August 9, 2021 regular meeting of the mayor and board of trustees, as written. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Fire Chief

The chiefs August report was reviewed and noted that the department responded to 69-EMS (417-YTD), 4-structure fire (12-YTD), 1-truck fire (9-YTD), 2-trees down (2-YTD), 5-fire alarms (29-YTD), 5-MVA (13 YTD), 1- lines down (I-YTD), 3 lift assist (5-YTD) and 9-flooded basements (9-YTD), 1-stand-by (1-YTD), 1-CO Alarm (5-YTD), totaling 86 calls (565-YTD) as reported in August.

Mutual Aid Breakdown- August

Given: Jamestown-20 (74-YTD), Frewsburg-9 (57-YTD), Kennedy-2 (11-YTD), Kiantone-2 (4-YTD), Gerry-2 (4-YTD), Fluvanna-1 (2-YTD), and Alstar-l (2-YTD): totaling 37 (157-YTD). 

Received: Medic 74-7 (40-YTD), Kennedy-3 (20-YTD), Frewsburg-1 (2-YTD), Fluvanna-0, Gerry-3 (6-YTD), Coroner-0, Kiantone-0 (2-YTD), Alstar-l (12-YTD), Stat Medivac-l (1-YTD), and, Jamestown-0: totaling 16 (85-YTD).

Mayor Jaroszynski directed Chief Yager to alert the Chautauqua County Fire Commissioner of what is taking place in Frewsburg and of the concerns of this board.

Trustee Cavallaro made a motion, seconded by Trustee Gustafson, to accept Hunter Teboe for membership into the Falconer Volunteer Fire Hose Company. Mr. Teboe has successfully completed all requirements and is already enrolled in basic EMT training & is a certified diver. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

The board considered several recommendations and corresponding cost from the Fire Advisory Board regarding increased insurance coverage from Utica Insurance. The fire department is currently undervalued insurance-wise. Several suggested recommendations were listed in a memo dated, September 7, 2021 from Hannah Hayes of Great Lakes Insurance. The Fire Advisory Board’s final recommendations, from their meeting on

9/8/2021, were highlighted and submitted to the Village Board for approval.

Current Umbrella Coverage $2,000,000
Current Umbrella Annual Premium Cost $1,633.00
Increase to $5,000,000
New Ann. Premium Cost $3,358.00
Current Fire Station Property Value Carried $1,314,630Increase to $2,000,000Increase annual premium $632.00
Current Mutual Aid Liability Carried $500,000Increase to $1,000,000Increase annual premium $ 165.00
Increase value of 2018 Ford Ambulance to $240,000Increase annual premium $105.00

Total annual premium cost increase – $2627.00

Treasurer Trask is in full agreement with the recommendations, however he noted that the 21/22 budget cannot be changed. The funds will have to be reappropriated from another line item.

Trustee Cavallaro made a motion, seconded by Trustee Dunn, to accept the Utica Insurance changes as recommended by Great Lakes Insurance and the Fire Advisory Board on the document dated 8/7/2021. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

A brief discussion regarding fire truck maintenance took place and was tabled pending recommendations from the fire advisory board.

Code Enforcement

The August code enforcement report was not available. Mayor Jaroszynski noted that Mr. Gustafson is still acting as the interim code officer. One applicant has been chosen to be interviewed for the code position.

Department of Public Works

The DPW report was reviewed for the period August 9, 2021-September 9, 2021. The air-conditioner in the fire hall had to have a fan and motor replaced. The drinking fountain in the fire hall is still out of order due to difficulties in locating the drain blockage.

Contactor quotes on the Community Building parapet repair are due in sometime this week.

A brief discussion was held regarding the replacement of the waterline to the recreation building at Falconer Park. Mr. Caprino noted that the pipe runs between the tennis court and basketball courts which, when replaced, may cause a disruption with either youth baseball or youth football, depending on the season. He also noted that the work will be handled in house, using in-kind services.

Trustee Miller gave a brief update on the proposed dog park. The project is in the beginning stages. The Falconer Rotary Club will act as lead agency and currently has about $2,200 to help fund the project. A location, other funding sources and project costs are the initial priorities of the committee.

Library

The August library report was reviewed. This month the library received $100.00 (copies/fax), $14.00 (fines), $86.00 (Book Sales), $3,093.00 (Summer in July Book Sale), $339.98 (gifts & donations), and $1067.45 (other).

Mrs. Becker reported that the summer reading program was a phenomenal success this year, thanks to the generosity of the Davis and Abigail Rexroad of State Lanes Bowling Company and Brian and Kay Nelson of the Vac Shop. Their donations of bowling balls and bikes created a lot of excitement amongst readers of all ages. Twenty-nine children participated and they read 13,650 minutes. Story-Hour will begin on September 15th under the direction of Ashley Nelson.

Trustee Gustafson made a motion, seconded by Trustee Miller, to accept Maree Dunn’s letter of resignation, effective September 10, 2021, with regret. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

The Library Board is scheduled to meet on September 23, 2021 at 8:00 am.

Committees:

Legal:

Mr. Peterson submitted for board approval two First Amendment Purchase and Sale Agreements, by and between the Village of Falconer and Home Leasing, for Board consideration. The purpose of the Agreements is to extend Home Leasing’s options to purchase the Davis Street parking lot and the two West Main Street properties as they relate to the proposed Falconer Square project. Mr. Peterson recommended the Board pass both Agreements.

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to accept the First Amendment to extend Purchase and Sale Agreement for properties located at 29-31 & 33-37 West Main Street, through January 31, 2023, with an Extension Fee of $1.00, to be paid to the Village of Falconer. It is further approved that the mayor be given full authority to execute said agreement as and approved. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Trustee Dunn made a motion, seconded by Trustee Miller, to accept the First Amendment to extend Purchase and Sale Agreement for Davis Street Parking Lot, through January 31, 2023, with an Extension Fee of $1.00, to be paid to the Village of Falconer. It is further approved that the mayor be given full authority to execute said agreement as written and approved. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Mr. Peterson submitted the DEC/Ellison Bronze Permit and Modification #1 adding the Village of Falconer to the Moon Creek Stabilization Project. Mr. Peterson noted that Patrick Falconer deeded the east side of the Moon Brook Creek bank to the Village of Falconer back in 1910 and therefore, the Village must join as a legally responsible party.

Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the contractors from Ellison Bronze to access the village owned east bank of Moon Brook Creek to perform necessary work to remediate the easterly corner of the Ellison Bronze facility building and stabilize the bed and banks of Moon Creek, in compliance with all permit conditions as listed in the DEC New Permit No. 9-0638-0065/02002, dated August 6, 2021 and Modification #1, dated August 10, 2021 between the DEC, Ellison Bronze and the Village of Falconer. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

RESOLUTION #47-2021

Trustee Dunn made a motion, seconded by Trustee Cavallaro, with careful consideration of all public comments submitted to the Village, resolve to approve Local Law# 2-2021- Pursuant to Cannabis Law 131 opting out of licensing and establishing retail cannabis dispensaries and/or on-site cannabis consumption establishments within the Village of Falconer, as written and presented in the Public Hearing portion of this meeting. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Public Safety:

The school crossing is going well. There have been no applicants for the position. Town of Ellicott police continue to monitor traffic during each crossing.

Finance:

The Treasurer and Clerk will be away at NYCOM conference September 19th-the 24th. During this period, Brenda Cavallaro will open the office M-T-W-F from 1 lam-I pm and TH from 1-3 pm.

Mr. Trask reported that he recently cancelled the Home Depot credit card. A new commercial account will be established to replace the old card.

Old Business:

RESOLUTION #48-2021
Chautauqua County Snow Removal and Ice Control Agreement (21-25-13E) — October 1, 2021- April 30.2024

Trustee Dunn made a motion, seconded by Trustee Miller, resolving to approve the revised Chautauqua County Snow Removal and Ice Control Agreement (21-25-13E), dated August 24, 2021, as written. It is further resolved that the mayor be authorized to execute said agreement on behalf of the Village, as written. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

New Business:

Trustee Dunn made a motion, seconded by Trustee Gustafson, to approve the Falconer Central School Homecoming Parade and Bonfire, to be held on Thursday, October 7, 2021, beginning at 6:15 pm. It is understood that the school will be responsible to follow all COVID guidelines in effect at the time of the event. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

The Board was reminded that due to the observance of Columbus Day, the October meeting(s) of the Mayor and Board of Trustees will be held on Tuesday, October 12, 2021 in the Firemen Exempt Hall.

Trustee Gustafson noted that the Falconer Rotary is planning to move the Santa parade to the evening this year.

Correspondence:

Trustee Dunn made a motion, seconded by Trustee Cavallaro, to accept Brenton Yager’s letter of resignation from the Falconer DPW, effective April 1, 2022, with regrets. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried.

Trustee Gustafson’s letter, dated September 13, 2021, was reviewed and placed into record acknowledging his review of the August 2021 unpaid vouchers on September 13, 2021, as well as the August 2021 bank reconciliations, from both Community Bank and M&T Bank.

Trustee Dunn made a motion, seconded by Trustee Miller, to approve the installation of a set of chairs/bench in Davis Park as a memorial to Tim and Marlene Graham. Roll: Dunn: Aye, Gustafson, Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Carried. Superintendent Caprino was asked to work with directly with Mr. Graham.

The Village received email notification on September 10, 2021 that the Town of Ellicott has hired a new assessor, Tera Darts. As of September 14, 2021, the Town will no longer be using the city assessor. Ms. Darts will be splitting assessing duties with the Town of Busti and the Town of Ellicott. Also, a new part time clerk, Kendra Newman, has been hired at the Town of Ellicott.

Trustee Dunn made a motion, seconded by Trustee Miller, declaring every September, Pediatric Cancer Month, in the Village, to help raise awareness of childhood cancers. Tara Swan, mother of Kallie Swan, has dedicated her efforts to raising awareness and assisting those battling childhood cancer. Three-year old Kallie Swan lost her courageous battle with Acute Lymphoblastic Leukemia in May of 2015.

Abstracts:

Motion: It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #4, General Fund in the amount of $ 73,696.77 be approved for payment. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Motion: It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #4, Cemetery Fund in the amount of $ 949.72 be approved for payment. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Motion: It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #4, Library Fund in the amount of $ 2,220.18 be approved for payment. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Motion: It is moved by Trustee Cavallaro and seconded by Trustee Gustafson that Abstract #4, General Hund Hand Items in the amount of $ 34,472.04 be approved for payment. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Trustee Dunn made a motion, seconded by Trustee Gustafson to adjourn the meeting at 9:31 pm. Roll: Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None. Carried.

Respectfully submitted,
Anna Fales, Village Clerk

August 9, 2021 Regular Meeting

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

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

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

Pledge of Allegiance & Roll

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

Parliamentary Procedure

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

Visitors:  

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

Minutes

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

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

Fire Chief        

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

Mutual Aid Breakdown- July

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

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

Code Enforcement

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

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

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

Department of Public Works

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

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

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

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

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

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

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

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

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

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

Price quote #1069 $125.00 per door        

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

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

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

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

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

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

Library  

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

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

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

Committees:

Public Safety:

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

Finance:

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

Parks & Recreation:

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

Pine Hill Cemetery:

Staff is in the process of trimming trees.

Old Business:

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

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

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

New Business: 

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

Correspondence:

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

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

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

Abstracts:

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #3, General Fund in the amount of $ 265,888.89be approved for payment. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #3, Cemetery Fund in the amount of $ 2,625.04 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #3, Library Fund in the amount of $ 1,311.96be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried.

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

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

Executive Session:

As recorded by Trustee Gustafson:

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

Respectfully submitted,
Anna Fales, Village Clerk

June 14, 2021 Regular Meeting

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

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

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

Pledge of Allegiance & Roll

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

Public Hearing 

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

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

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

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

Oath of Office

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

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

Parliamentary Procedure 

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

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

Visitors:   

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

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

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

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

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

Minutes 

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

Fire Chief    

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

Mutual Aid Breakdown- May 

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

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

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

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

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

Code Enforcement 

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

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

Department of Public Works 

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

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

Library

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

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

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

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

Committees: 

Public Safety:

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

Farmers Market: 

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

Pine Hill Cemetery:

PINE HILL CEMETERY

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

BURIALS:

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

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

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

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

REMOVAL OF TREES (SMALL) & BUSHES $25.00 each

Grave Marker Rules and Restrictions

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

PINE HILL CEMETERY
FOUNDATION CHARGES

Marker SizeUp to 14” width
2/0$150.00

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

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

Old Business: 

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

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

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

New Business:  

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

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

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

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

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

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

Background: 

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

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

Policy Statement: 

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

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

Definitions: 

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

Defined Terms of Policy: 

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

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

Section 3 Resident – A section 3 resident is: 

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

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

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

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

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

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

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

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

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

Section 3 Covered Community Planning and Development Funding – Community 

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

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

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

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

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

Responsibilities: 

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

Goals: 

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

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

Employment: 

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

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

Preference for Section 3 Business Concerns: 

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

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

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

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

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

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

Compliance: 

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

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

The minimum goals for contracting are: 

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

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

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

Data Collection and Reporting: 

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

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

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

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

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

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

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

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

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

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

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

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

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT 

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

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

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

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

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

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

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

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

and be it 

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

GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT 

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

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

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

ADA Coordinator 
101 West Main Street 
Falconer, NY 14733 

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

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

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

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

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

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

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

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

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

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

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

NOW, THEREFORE, BE IT  

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

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

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

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

Correspondence: 

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

Abstracts 

Motion:  It is moved by Trustee Dunn and seconded by Trustee Cavallaro that Abstract #1, General Fund in the amount of $ 40,534.71 be approved for payment. Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #1, Cemetery Fund in the amount of $ 5,024.18 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

Motion:  It is moved by Trustee Miller and seconded by Trustee Gustafson that Abstract #1, Library Fund in the amount of $ 2,753.10 be approved for payment.  Roll:  Dunn: Aye, Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: None.  Carried. 

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

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

Respectfully submitted, 
Anna Fales, Village Clerk


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