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October 24, 2022 Special Meeting

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Carl Caprino, DPW Superintendent

The special meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, October 24, 2022 at 6:00 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Visitors

Steve Garvey
Pat Bellardo
Emily McVay
Nina Gustafson
Eric Tichy
Jim Ribaudo
Chris Schrader
Susan Dickerson
Holly Hanna
Glen Dickerson
Larry Spangenburg
Sue (Karr) Martorell

Parliamentary Procedure

THE VILLAGE OF FALCONER WELCOMES PUBLIC COMMENT BY ALL. WE ASK THAT YOU STAND, STATE YOUR NAME AND KEEP YOUR COMMENTS BRIEF (3 MINUTES OR LESS) AS A COURTESY TO THE BUSINESS NATURE OF THE MEETING AND OTHER TIME CONSTRAINTS. IF YOU WISH TO HAVE AN INTERACTIVE CONVERSATION WITH THE BOARD AND/OR MAYOR REGARDING A SPECIFIC MATTER OR CONCERN, IT WOULD BE GREATLY APPRECIATED IF YOU REQUEST TO BE PLACED ON THE AGENDA AND PROVIDE AN OUTLINE OF THE MATTER YOU WISH TO DISCUSS AT LEAST ONE WEEK PRIOR TO THE MEETING. YOU MAY DO THIS BY CONTACTING THE MAYOR OR CLERK AT (716) 665-4400. THANK YOU FOR YOUR KIND CONSIDERATION ON THIS MATTER.

Visitors

Comments made from visitors regarding the proposed dog park in Falconer Park:

  • Dog park does not belong in a residential area
  • Area proposed is a main play area for the summer recreation program – closest area for younger children to play where summer rec staff can see them 
  • Money could be put to better use to upgrade rec building and fix water line 
  • Safety concern that the parking area for dog park is an entryway into the park for area residents and children walking into the park from Mosher Street
  • Tables along the crick in the proposed area are used frequently by parents watching their children in the play area as well as for lunch breaks since it is convenient to get to from the side parking area
  • Dog park would be noisy and a deterrent to families using the park and renting the pavilions
  • Dog park should not be placed near children’s area of the park
  • Environmental issue with the dog park being close proximity to the water in the crick – has DEC been contacted
  • Whose is responsible for the maintenance and cleaning of the dog park – dog owners do not always clean up after pet

It was noted that no public money will be used for the dog park. The Rotary Club will match the Rotary Foundation Grant. 

Approval for Payment to Lewis Contracting

DPW Roof & Drain Replacement Project –Mayor Jaroszynski is requesting approval for payment to Lewis Contracting in the amount of $98,700 for the completion of the DPW Roof and Trench Drain project. Superintendent  Caprino confirmed the completion of both projects.

Trustee Dunn made a motion, seconded by Trustee Cavallaro to approve the funds for $98,700 to pay the contractor – Lewis Contracting.   Roll: Gustafson: Aye,  Dunn: Aye, Cavallaro: Aye, Miller: Aye and Jaroszynski: Aye. Nays: None.  Carried.

Discussion to Lease Village Owned Property

Mayor Jaroszynski –  Brian Nelson, a local business owner wishes to lease the empty lot that the village owns on Main Street for $1000. Brian Nelson is requesting the village grade and mill the lot to fill in any holes. He is planning on moving his sheds into the lot.

There was a concern by the board that the DPW would not have the time currently as they are in the middle of leaf collection. They also would like more information as to how many sheds would be displayed on the property. The decision was tabled until the next board meeting, Mayor Jaroszynski will contact Brian Nelson to discuss the concerns.

Discuss the Concept of Constructing a Dog Park in Falconer Park

Mayor Jaroszynski mentioned that the board has heard residential comments both for and against the dog park during the recent meetings. 

Some of the comments from the board during the discussion included:

  • Would prefer to look into a splash pad for the kids versus a dog park in the village park
  • Dimensions and design of the dog park are needed before making a decision
  • The proposed dog park is in a used area by the summer rec program and not an unused area of the park
  • The park area may not have enough room for a good size dog park which is needed for larger dogs to run
  • Supports residents that want a dog park, but we may need a larger space with more available parking 
  • Rules would be developed for any proposed dog park to address public concerns 
  • The intent of the Rotary was to offer something that the residents of Falconer would be able to enjoy
  • Understand the concerns regarding safety and  the placement of the dog park

In conclusion, Mayor Jaroszynski commented that there were a lot of valid points to consider and asked Rotary to present the plan and design of the dog park to the board before any action can be taken.

Trustee Gustafson made a motion, seconded by Trustee Dunn to adjourn the meeting at 6:52 pm. Ayes-all. Motion carried.       

Respectfully submitted,
Cindy Capestrani, Village Clerk

March 23, 2020 Special Meeting

Mayor James M. Jaroszynski
Trustee Timothy Dunn
Trustee J. Michael Steele
Trustee Alan Gustafson, Jr.
Trustee Kipp Reynolds

Anna L. Fales, Village Clerk

The special meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, March 23, 2020 at 7:00 P.M. in the Falconer Public Library and streamed live via Facebook Live with Mayor James Jaroszynski presiding.

Pledge & Roll:

Mayor James Jaroszynski: Here; Trustee Mike Steele: Here; Trustee Timothy Dunn: Here; Trustee Alan Gustafson: Here and Trustee Kipp Reynolds: Here.

Visitors

Due to the COVID-19 crisis, no visitors were in attendance.

Mayor Jaroszynski read the agenda announcement regarding this evening’s meeting procedures, as written: “Because of the Novel Coronavirus (COVID-19) Emergency and State and Federal bans on large meetings or gatherings and pursuant to Governor Cuomo’s Executive Order 220.1 issued on March 12, 2020 suspending the Open Meetings Law, the Village of Falconer Board of Trustees Special Board Meeting scheduled for March 23, 2020 will be held in the Falconer Public Library and electronically streamed via Facebook Live. Members of the public may view and listen to the meeting by using the following link: https://www.facebook.com/FalconerNY/. Minutes of the Special Board Meeting will be transcribed and posted on the Village of Falconer Facebook page. The public was offered an opportunity to submit written comments by email to: falconer@netsync.net prior to the meeting.”

Mayor Jaroszynski noted that only one emailed comment was received from the public prior to the meeting. He then read aloud the email received from Mr. and Mrs. Doug Seamans, dated 3/15/2020, as written.

New Business:

Attorney Peterson reviewed the Annexation SEQR with the board, noting that this is the adoption of the Resolution, which is a SEQR Resolution which has to precede the actual adoption of the Findings. It acknowledges that the City of Jamestown on January 13, 2020, and then the Village subsequently consented to the City to act as Lead Agency. And that on February 24th, 2020, the City of Jamestown issued a negative declaration of the SEQR with respect to the Annexation and, that the Village Board of Trustees reviewed all relevant items of the completed EAF, as well as reviewed any comments, and the Village classifies its review and approval of the Annexation as an Unlisted Action under SEQR. This has been reviewed by Counsel for the Village of Falconer and sets forth the Findings.

Trustee Dunn made a motion, seconded by Trustee Steele, to adopt the Resolution involving the Agency Findings Statement Pursuant to the State Environmental Quality Review Act (SEQR), in regards to the Annexation, as it is written and enclosed in this meeting’s board folders. Roll: Reynolds-aye, Gustafson-aye, Steele-aye, Dunn-aye, Jaroszynski-aye. Nays-none. Carried

Attorney Peterson reviewed the second Resolution up for consideration by the Board. Mr. Peterson detailed that the Resolution before the Board is for an objection. The City of Jamestown made a Petition which was presented to the Board of Trustees of the Village of Falconer for approximately 4+- acres of land to be annexed within the City of Jamestown and that a Hearing was held by all parties concerned. Tonight, the Village Board of Trustees considered the Petition of the City of Jamestown and the oral and written evidence presented at the Hearing, which was held on December 30, 2019, and the Village has found that the Petition did not substantially comply in form and content with the provisions of Section 703 of the GML; and after consideration of the Petition of the City of Jamestown and the evidence presented at the Hearing , the Village Board of Trustees has determined it is not in the overall public interest to approve the proposed Annexation. The findings, objections and determinations have been prepared by Counsel for the Village with the conclusion that:

Attorney Peterson reads from the Resolution:

“Section 4. There is no separate agreement with the City relating to the assumption of indebtedness and/or liability or apportionment of same.

Section 5. Based on the foregoing, (which is all of the many pages of arguments), the Petition for annexation to the City of approximately 4 +/- acres of territory situated in the Town and Village is hereby denied, for the reason that 1) the Petition does not comply in form and content with the provisions of Article 17 of the General Municipal Law, and the Village Board of Trustees of the Village of Falconer does not find the annexation of the territory in question from the Town and Village to the City to be in the overall public interest.”

“That is the proposed document which is entitled, Village of Falconer Findings, Objections and Determinations Regarding the Petition of the City of Jamestown for the Proposed Annexation of Territory from the Town of Ellicott and the Village of Falconer to the City of Jamestown, in Chautauqua County, New York.

Trustee Dunn made a motion, seconded by Trustee Steele, to adopt the Resolution titled, Village of Falconer Findings, Objections and Determinations Regarding the Petition of the City of Jamestown for the Proposed Annexation of Territory from the Town of Ellicott and the Village of Falconer to the City of Jamestown, in Chautauqua County, New York, as detailed on the documents of the same title which is enclosed in this meeting’s board folders. Roll: Reynolds-aye, Gustafson-aye, Steele-aye, Dunn-aye, Jaroszynski-aye. Nays-none. Carried

Attorney Peterson read the acknowledgement to be signed by the members of the Board supporting the above motion:

“NOW, THEREFORE, IT IS HEREBY ORDERED by the Village Board of Trustees of the Village of Falconer, Chautauqua County, New York, as follows:

Section 1. The Petition of the City dated November 25, 2019 and received by the Village on November 26, 2019, for annexation to the City of the territory described in said Petition, does not substantially comply in form and content with the provisions of Article 17 of the GML, in violation of GML §705(1)(d), because the proposed Property to be annexed is not contiguous to City boundaries, and the Certificate of Assessor Kevin Okerlund dated November 26, 2019 does not comply with GML §703.

Section 2. It is not in the overall public interest to approve the proposed Annexation, for reasons set forth in the accompanying findings, objections and determinations, including, but not limited to: a) the Annexation will not facilitate the commercial development of the Property described in the Petition; b) the annexation will not allow for access to enhanced municipal services within the City; c) the annexation will negatively impact the Falconer School District, the Town, the Village, and surrounding communities, and such negative impacts outweigh benefits to the City and d) the Annexation does not provide the requisite unity of purpose and facilities.

Section 3. The Annexation to the City of approximately 4 +/-acres of territory situated in the Town and Village, which territory is more particularly described in the Petition, is hereby rejected.

Section 4. This Order shall take effect immediately.”

The Mayor and all four Trustees signed the above Acknowledgement of the Resolution during this portion of the open meeting and submitted the signed Resolution to Clerk Fales.

Abstracts

Motion: It is moved by Trustee Dunn and seconded by Trustee Steele that Abstract #10, General Fund in the amount of $ $60,788.97 be approved for payment. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye.
Jaroszynski: Aye. Motion: Approved

Motion: It is moved by Trustee Steele and seconded by Trustee Gustafson that Abstract #10, Cemetery Fund in the amount of $ 3,761.06 be approved for payment. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye. Jaroszynski: Aye. Motion: Approved

Motion: It is moved by Trustee Gustafson and seconded by Trustee Dunn that Abstract #10, Library Fund in the amount of $ 1,952.85 be approved for payment. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye. Jaroszynski: Aye. Motion: Approved

Motion: It is moved by Trustee Dunn and seconded by Trustee Steele that Abstract #10, General Fund Hand Items in the amount of $54,480.14 be approved for payment. Roll: Steele: Aye, Dunn: Aye, Gustafson: Aye, Reynolds: Aye. Jaroszynski: Aye. Motion: Approved

Respectfully submitted,
Anna Fales, Village Clerk