February 16, 2021 Regular Meeting
Mayor James M. Jaroszynski
Trustee Alan Gustafson, Jr.
Trustee Kipp Reynolds
Trustee Anthony Cavallaro
Gregory Peterson, Village Attorney
Carl Caprino, DPW Superintendent
Lawrence E. Trask, Treasurer
Laurie Becker, Library Director
W. Robert Morris, Code Enforcement Officer
Eric Yager, Fire Chief
Anna L. Fales, Village Clerk
The Public Hearing and regular meeting of the Village of Falconer Mayor and Board of Trustees was called to order on Tuesday, February 16, 2021 at 7:04 P.M. via Zoom Video/Teleconference with Mayor James Jaroszynski presiding.
Pledge of Allegiance
Moment of Silence
Mayor Jaroszynski requested all present observe a Moment of Silence honoring the Passing of Caryl Mattison, wife of Mayor Albert Mattison (1987-2003) & Michael Anderson, retired village employee.
Roll
Trustee Dunn- Absent. Trustee Gustafson, Trustee Reynolds, Trustee Cavallaro, and Mayor Jaroszynski were all present and participating from their home offices via Zoom.
Parliamentary Procedures
The Governor in Executive Order No. 202.1 and Executive Order No. 202.92 has relaxed the Open Meetings Law to allow meetings of public bodies to be held remotely by conference call or similar services. In light of the potential risks to public health and safety from the Novel Coronavirus (COVID-19), the Village of Falconer will be replacing in person open meetings and public hearings with remote telephonic or other digital meetings until further notice.
A complete copy of the proposed Local Law may be obtained by contacting Anna Fales, Village Clerk, Village of Falconer during normal business hours at 716-665-4400.
The public may participate in the meeting and hearing using the following link and password: https://us02web.zoom.us/j/86029610025. Meeting ID: 860 2961 0025 Passcode: vof216 or to participate by teleconference: dial: 1 (646) 558-8656, Meeting ID: 860 2961 0025, Password: 580384. Persons unable to attend the Village Board Meeting and Public Hearing may email comments or questions to falconer@netsync.net prior to 4 pm on February 16, 2021.
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.
Public Hearing Proceedings
Trustee Reynolds made a motion, seconded by Trustee Gustafson to open the Public Hearing for the purpose of considering the advisability of Adopting Local Law #1-2021, amending the Village of Falconer Zoning Law. Roll: Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried.
Mayor Jaroszynski read the following portion of the Public Hearing Notice, published in the Post Journal on February 5, 2021, for the record:
The Village of Falconer will also conduct a Public Hearing for the purpose of considering the advisability of Adopting Local Law #1 for the year 2021, amending the Village of Falconer Zoning Law, as follows:
The action includes the adoption of proposed amendments to the Village’s Zoning, Chapter 134, including sections of Articles I, II & III of the Code of the Village of Falconer, Local Law #4-1989 which was subsequently amended on 12/13/1999 by Local Law 1-1999. The intent of the proposed amendments to the zoning code is to provide regulations related to land use and development in a way that reflects the Village’s vision and goals from the Falconer Comprehensive Plan. The proposed revised code, fee schedule and map, updates the zoning framework to include two residential districts (R and MR), one commercial district (C), a mixed use/Village center district (VC), and one industrial district (I).
The intent of the 2021 Zoning Code Amendments is to guide future investment to be consistent with the Village’s 2019 Comprehensive Plan, particularly the plan’s vision, values, and planning principles. Also included in the proposed zoning code updates are design guidelines/standards, provisions for site plan review, special permitting and other administrative procedures, and nuanced supplemental regulations to address more challenging land uses.
A complete copy of the proposed Local Law may be obtained by contacting Anna Fales, Village Clerk, Village of Falconer during normal business hours at 716-665-4400.
Visitors:
Dee and Joe Dispenza, and Alan Gustafson Sr. were in attendance via Zoom. Mr. Dispenza and Mr. Gustafson were active members of the Planning and Zoning Update Committees and instrumental in the proposed code amendments being presented today.
Public Comment:
Mayor Jaroszynski then opened the floor for public comment. Participants were asked to unmute themselves if they wanted to comment. No member of the public attending via Zoom chose to comment. Clerk Fales noted for the record that she had not received any inquiries nor comments from members of the public regarding this Public Hearing and in response to the above recorded Legal Notice, as of 4 pm today.
Trustee Cavallaro made a motion, seconded by Trustee Gustafson to close the Public Hearing for the purpose of considering the advisability of Adopting Local Law #1-2021, amending the Village of Falconer Zoning Law and re-enter the regular session. Roll: Gustafson: Aye, Reynolds: Aye, and Jaroszynski: Aye. Nays: None. Carried.
Minutes
Trustee Gustafson made a motion, seconded by Trustee Reynolds, to approve the minutes of the January 11, 2020 meeting of the Mayor and Board of Trustees, as written. Roll: Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried
Fire Chief
The chief’s January report was reviewed and noted that the department responded to 59 EMS, 1 structure fire, 1 grease fire, 1 truck fire, 6 fire alarms, 3 MVA, 1 CO alarms, 2 natural gas leaks and 1 truck stuck on railroad tracks, totaling 75 calls in January. Year to Date Calls: 75.
Mutual Aid Breakdown- January
Given: Jamestown-23, Frewsburg-4, Gerry-1 and Fluvanna-1, totaling 29
Received: Medic 72-4, Alstar-2, Kennedy-5, Kiantone-1 and Frewsburg-1, totaling 13.
Trustee Cavallaro noted, upon his investigation, that the city of Jamestown has other EMS alternatives to help alleviate Falconer’s, especially non-emergent, calls into Jamestown.
- Ambulance 71 in Celeron in available Monday through Friday from 6:30 am-4:30 pm and is staffed with EMT’s who can respond when available.
- Jamestown 1 Ambulance is available and all Jamestown Fire Fighters are also EMT’s and able to respond.
- Alstar now has a contract with the city and is able to respond.
Chief Yager stated that Falconer responds outside of the Village per the county’s Mutual Aid Agreement. Last year Falconer responded to 176 calls into the City, only a couple of which, he said, were fire calls.
Trustee Cavallaro responded noting that if the run card is changed in Mayville, Falconer would not have to be the first responder and would still uphold the Mutual Aid Agreement. He went on to say that the Falconer Fire Department has a responsibility to its residents both in Falconer and in the Town of Ellicott.
Chief Yager said address it with the duty coordinator, Greg Scott to get the run card changed.
Mayor Jaroszynski asked Chief Yager to see if he could get the run card changed at least during the day. He went on to say the Falconer is always ready, willing and able to respond when needed.
Trustee Cavallaro made a motion, seconded by Trustee Reynolds to accept Richard Pfeiffer Jr. into the Falconer Hose Company, contingent that all sexual harassment and workplace violence training are complete prior to becoming active. All medical clearances and background checks are complete and satisfactory. Roll: Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried
Chief Yager read the remainder of his report, noting:
- FEMA grant has been submitted for 17 sets of turn out gear.
- The department received $4,000 grant from the Chautauqua Region Community Foundation for 4 thermal imaging cameras for the new G1 SCBA Air Packs.
- The department is now looking into grants for radios that are very much needed for the interior firefighting operations.
- On January 22, 2021, the Chief met with the Fire Advisory Board to get up to speed for the coming year.
- The Im Responding record and reporting system is not NIFERS compliant and is making reporting very cumbersome. Chief Yager is looking into purchasing a system that will replace the old Firehouse reporting system. The cost of on-boarding the system would be approximately $6,000, which will include downloading all archive reports and files from the old Firehouse system and a 1-year subscription on the new platform. After the first year, the subscription cost is approximately $1,700/year.
Trustee Cavallaro said that the Fire Advisory Board is currently reviewing the system. Mayor Jaroszynski said that the board will consider this item once the Fire Advisory Board concludes their review and provides a recommendation to the board.
Code Enforcement
The code officer’s January report was reviewed and noted 0 building permit was issued ($0.00), 0 YTD ($0.00), 0 building inspections performed (0 YTD), 0 certificates of occupancy (.0 YTD), 0 certificates of compliance (.0 YTD), 6 phone calls/personal contact/email (6 YTD), 3 complaints received/actions taken (3 YTD), 0 notices of violation mailed (0 YTD), 0 notice of violations solved (0 YTD). Code Officer Morris is planning to begin fire inspections this month.
Department of Public Works
The DPW report was reviewed for the period January 11, 2021-February 12, 2021.
The DPW has been busy maintaining streets and sidewalks, performing equipment repairs and service on the 7600, the replaced the batteries in the grader and installed new wiring and latches in the sidewalk plow. They have also been filling in for the crossing-guard, as needed.
Library
The January library report was reviewed. This month the library received $44.00 (copies), $8.00 (fines), $44.00 (Book Sales), $695.00 gifts & donations, and $949.62 other.
Mrs. Becker reported noted that the January Story Walk was moved indoors and spaced throughout the library.
Committees:
Animal Control:
The December 2020 and January 2021 animal control reports were reviewed, noting a complaint of a barking dog on Central Avenue which was addressed and resolved. A complaint of an at-large dog in Falconer Park continues to be investigated but has not been caught. Mr. Belin will continue to check the park.
Crossing Guard:
Madeline Lines has resigned from her position as school crossing guard effective January 31, 2021. She has found full-time employment outside of the village. James Rensel has been hired for the position, however is only available 3 days (M,T,F ) per week. The village is continuing its search for either a replacement for the 2 other days or someone willing to work all five days, as Mr. Rensel said he would be willing to step aside if a replacement were found. In the interim, Ms. Lines agreed to continue to work the other two days until the end of February. The DPW continues to fill in as needed.
Fire Advisory Board:
Trustee Cavallaro reported that the advisory board is working with Chief Yager on the department’s 2021-2022 budget and long-range planning. He went on to say that Advisory Board Chairman, Steve Vanstrom, is excellent and does a great job with long-range planning.
Farmers Market:
Trustee Reynolds reported that he has spoken to DeEtte Dispenza regarding the market and will also be speaking with the Jamestown Market manager as well as the state and county. He said he feels that the village can hold the market this year either on a Thursday or a Sunday from June to early Fall in the green space on Main Street next to the Gronquist building. Mayor Jaroszynski is hopeful that the DPW, using shared services if necessary, can get that area graded and ready for the market.
Finance:
Treasurer Trask thanked Trustee Gustafson for reviewing the abstract invoices and all funds on a monthly basis. The 3rd quarter sales tax payment has been received. The current fiscal budget which was written with the pandemic in mind is on track.
Old Business:
Trustee Gustafson reported that the Village’s .Gov website was approved and everything should be up and running within a week.
New Business:
Mayor Jaroszynski presented Local Law #1-2021 – amending the Village of Falconer Zoning Law. Attorney Peterson made note for the record that on November 9, 2020, the Board adopted Resolution #39-2020 to accept the SEQR determination of the amended code, map and fee schedule as a negative declaration. Clerk Fales noted further for the record, that the Village received a letter of approval and support, dated January 13, 2020, regarding the Municipal Zoning Referral #2020-75, Village of Falconer Zoning Code and Map Update, from Matthew Bourke, Jr. Planner for Chautauqua County Planning Board.
Clerk Fales noted that a few spelling and grammatical errors, primarily in the Table of Contents section, were corrected by Ingall’s Planning and Design and had no effect on the nature and intention of the document as presented.
Special thanks to Alan Gustafson, Sr. for his continued assistant and support in the development of the proposed Local Law and amendments in the Zoning Code, even though Mr. Gustafson now works full-time as a code officer for the City of Dunkirk.
Trustee Reynolds made a motion, seconded by Trustee Gustafson, to approve Local Law #1-2021, Amendments to the Village of Falconer Zoning Code as read by Mayor Jaroszynski and in accordance with the Amendments dated October 22, 2020; to further approve the amended Zoning Map, dated October 2020, and to approve the updated Village Zoning Code Fee Schedule, dated September 9, 2020 all as presented. Roll: Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried
Correspondence
Mayor Jaroszynski read into record the “letter of acknowledgment” addressed to Treasurer Trask from Alan P. Gustafson Jr., dated January 11, 2021, as written.
Treasurer Trask:
Please accept this acknowledgement that for the month of December 2020, I reviewed the unpaid vouchers on January 11, 2021, and the reconciliations from M&T Bank and Community Bank on January 11, 2021.
Sincerely,
Alan P. Gustafson Jr.
Trustee, Village of Falconer
Abstracts
Motion: It is moved by Trustee Reynolds and seconded by Trustee Cavallaro that Abstract #9, General Fund in the amount of $ 163,482.16be approved for payment. Roll: Gustafson: Abstain, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried
Motion: It is moved by Trustee Gustafson and seconded by Trustee Reynolds that Abstract #9, Cemetery Fund in the amount of $ 1,072.86be approved for payment. Roll: Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried
Motion: It is moved by Trustee Cavallaro and seconded by Trustee Gustafson that Abstract #9, Library Fund in the amount of $ 1,245.17 be approved for payment. Roll: Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried
Motion: It is moved by Trustee Gustafson and seconded by Trustee Reynolds that Abstract #9, General Fund Hand Items in the amount of $ 34,229.51 be approved for payment. Roll: Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried
Trustee Reynolds made a motion, seconded by Trustee Gustafson, to adjourn the meeting at 8:10 pm. Roll: Gustafson: Aye, Reynolds: Aye, Cavallaro: Aye, and Jaroszynski: Aye. Nays: None. Carried
Respectfully submitted,
Anna Fales, Village Clerk