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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 $200,000. 2

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.4 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

1 124 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).