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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