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April 10, 2023 Annual Budget Hearing / Regular Meeting

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

Gregory Peterson, Attorney
Cindy Capestrani, Village Clerk
Paula Spunaugle, Treasurer
Bryce Webster, Fire Chief
Alan Gustafson Sr., Code Enforcement Officer
Carl Caprino, DPW Superintendent
Laurie Becker, Library Director

The regular meeting of the Village of Falconer Mayor and Board of Trustees was held on Monday, April 10, 2023 at 5:30 P.M. in the Firemen’s Exempt Hall with Mayor James Jaroszynski presiding. 

Pledge of Allegiance & Roll:

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

Executive Session:

Trustee Miller made a motion, seconded by Trustee Gustafson to adjourn into executive session at 5:31 pm to discuss a municipal contract with Attorney Peterson present. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Gustafson made a motion, seconded by Trustee Cavallaro to exit executive session at 6:09 pm. Ayes-all. Motion carried.

Visitors

Eric Tichy
Ellen Colburn
Mindy Zoghlin
Joel Aiken
Aaron Lee
Brian Nelson
Jim Ribaudo
Randy Colburn
Nina Gustafson
Danielle Marra

PRIVILEGE OF THE FLOOR

VISITORS ARE ALLOWED A MAXIMUM OF THREE (3) MINUTES TO ADDRESS THE BOARD. THIS IS NOT THE TIME OR PLACE FOR A DEBATE. IT IS A MEETING FOR THE BOARD TO CONDUCT VILLAGE BUSINESS. ALL COMPLAINTS/REQUESTS WILL BE CONSIDERED AND REVIEWD AT A LATER TIME.

Visitor Comments

Ellen Colburn – Elmwood Avenue – has not received any response from last month’s request asking about the fire burning codes. Mayor Jaroszynski noted he is planning on scheduling a meeting with her once the code officer returns from vacation and will include the fire chief as well.

Joel Aiken – 55 E. Elmwood Avenue – Is there any update on the Cross Street scrap yard? Mayor Jaroszynski mentioned that Mr. Kress has not contacted the board with anything further at this time.

Jim Ribaudo – Valmeere Ave – thank you for opening Falconer Park earlier this year.  Also, a thank you out to the Town of Ellicott police for patrolling the park area.

Brian Nelson – 22 W. Falconer St. – Thank you to the village board for permission to lease the property on Main Street for his sheds, and also to Superintendent Caprino for milling the property.                                                         

Minutes

Trustee Gustafson made a motion, seconded by Trustee Miller, to approve the minutes of the March 13, 2023 Regular Board of Trustees Meeting.  Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

2023-2024 Budget Presentation Hearing

Trustee Cavallaro made a motion, seconded by Trustee Gustafson to open the Public Hearing on the 2023-2024 Budget.

Mindy Zoghlin – representing Joel Aiken and other residents of the Village of Falconer – questioned budget line item #1420.6 which refers to legal expenses for an annexation. Does the annexation include any of the property the village bought from Conrail in the 1990’s? Attorney Peterson replied that those expenses relate to the BPU substation. 

The proposed 2023-2024 budget reflects a real property tax rate of $8.47/$1000 of assessment, which is a proposed tax increase of $0.024. This proposed increase is within the limits of the NYS Property Tax Cap Law. Proposed budget 2023-2024 as presented: appropriations $1,580,447 and revenues of $1,580,447.

Trustee Cavallaro made a motion, seconded by Trustee Miller to close the Public Hearing on the 2023-2024 budget. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Trustee Miller made a motion, seconded by Trustee Gustafson to approve the 2023-2024 budget as presented. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Mayors Remarks

Mayor Jaroszynski reminded the board of the upcoming Key Club 5k event on April 15th, the Fire Department Pancake breakfast on April 22nd, and the Village Clean-up Day on May 6th from 9am–noon. Volunteers for the clean-up day will meet at the Fire Department and break off into groups to clean up areas around the village. Dumpsters will also be available at the DPW garage for village residents to dispose of items.

Fire Chief

The Fire Chief’s March report was reviewed and noted that the department responded to 40 EMS, 2 structure fires, 1 outside rubbish fire, 1 medical assist, 1 electrical wiring problem, 1 smoke/odor problem, 15 cancelled in route, 1 public service assistance, 1 false alarm, 1 unintentional system, total 64 calls.

Mutual Aid Breakdown – March 2023
            Given:  Jamestown-10, Frewsburg-3, Kennedy-6, Alstar-1, total 20 
            Received:  Medic 74-6, Alstar-4, Gerry-1, Kennedy-1, Kiantone-2, total 14

Saturday, May 6th will be the Fire Inspection dinner at the Falconer Moose, cocktails at 6 pm followed by dinner at 7 pm. All trustees and village representatives are invited, reservations due by May 1. The Recruit NY program will be on Saturday, April 22nd starting with a pancake breakfast and include fire prevention demonstrations and a car seat clinic.

Code Enforcement

The March code officer report was reviewed. It was noted building permits totaling $75 were issued, 3 building inspections were performed, and many phone calls & emails were addressed.

Highlights:

  • Violations Identified/ to be pursued list – CEO Gustafson will be assisting CEO Andalora and will have more to report on these at next month’s meeting.
  • 23-25 E. Main Street – A new contractor has been secured to complete the phase 1 renovations which include the apartments for the upper three floors and restoration of the front façade along E. Main Street. The contractor has a good reputation and is expecting to complete this phase by the end of this year.
  • 102 W. Falconer Street – renovation of fire damaged house near completion
  • 12 N. Work Street – Recent call from owner with plans to demolish the former drive-thru bank building for creation of additional parking spaces.

Department of Public Works

The DPW report was submitted for the period March 10, 2023 – April 5, 2023. 

Superintendent Caprino presented 2 quotes for the removal of the chimney, Lewis Contracting and Snow Construction, a third quote was received and then rescinded. Trustee Cavallaro made a motion, seconded by Trustee Miller to accept the contract from Snow Construction for $5000 for removal of the chimney and clean-up of all the debris. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. Payment to be coming out of the building maintenance fund.

Superintendent Caprino will confirm the previous quotes to insert a vent for the boiler once the chimney is taken down.  FSC installed the cameras in the library and replacement camera in the park will be installed in the next week. The garbage and recycling specifications are out for bid with May 4th as the bid opening. 

Superintendent Caprino has been in contact with Ray Lindquist about the repairs needed on the baseball field dugouts and backstops. 

Three quotes were received for the village landscaping. Need to make sure that all companies have proper insurance. Aaron Lee, representing Erie Insurance, confirmed that the lowest bidder, Yager Lawn & Landscaping has proper insurance currently. The decision was tabled and to be discussed in executive session at the end of the meeting.

Summer help can start the second week of May, currently have one definite applicant, still looking for a second person. Chautauqua Works has a 16-week summer program that we will look at and bring information to the next board meeting.

Library  

The March 13, 2023 – April 10, 2023 library report was reviewed. 

Highlights include:

  • The new cameras that were recently installed are amazing, very clear and additional camera provides information on entrance into the library.
  • This past month Laurie and Sandy visited another six libraries in the Chautauqua Cattaraugus Library System. They have learned from the visits that the Falconer Library is very fortunate to have the support of the town and village. They plan to visit a few more this spring and then finish back up in the fall with the remaining libraries in the system. 
  • The Summer Band concerts are all set for the summer to be held from 6:30 – 8:30 pm on Thursday nights in July at Davis Park.

Committees:

Finance: 

The Falconer Public Library board met and approved moving their reserve account from Community Band to NYCLASS as proposed.

Trustee Gustafson made a motion, seconded by Trustee Miller to move the Falconer Public Library reserve account from Community Bank to NYCLASS.  Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Legal:  

Attorney Peterson brought in a 1984 copy of the Falconer Flare newspaper and gave it to Laurie Becker to keep in the library.

Public Safety: 

Trustee Cavallaro reported that ACO Belin issued one summons for a barking dog.

Trustee Cavallaro read a letter of resignation from ACO Belin effective March 1, 2023, noting that he has enjoyed serving the Village of Falconer as animal control officer for over 30 years.

Trustee Cavallaro made a motion, seconded by Trustee Miller to accept the resignation of ACO Belin. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

The Town of Ellicott police is currently assisting with dog control and we will have a new dog control officer hired in the near future.

The fire advisory board and village Attorney Peterson have reviewed the contract from MedEx for the EMS billing for the Fire Department. MedEx has a good reputation and has worked with other fire departments for many years. The billing cycle with MedEx will be monthly with a detailed report of all billings. The Fire Department billing service with the county ended, and once inspected and certified by NYS, the ambulance service will be back to ALS certified.

Trustee Cavallaro made a motion, seconded by Trustee Miller to accept the MedEx EMS billing agreement. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Downtown Development:  

Nothing to report

Farmers Market:

Trustee Miller noted we are planning hold a Farmers Market from June through September on Friday afternoons. If anyone has vendors interested to sign up to sell their products at our Farmers Market, please pass that information along to her. 

Parks:

Trustee Miller reported that she will be meeting with Chris Schrader to discuss expanding the programs offered at the summer recreation program such as fixing up the tennis courts, adding to the equipment, and improving the facilities in the park.

Pine Hill Cemetery:

Trustee Gustafson reported the removal of 4 trees.  They applied for a grant from the Community Foundation and if received will use to plant new trees.  They are hoping to have the new signs that were discussed at a prior meeting in place prior to Memorial Day.

Planning/Zoning Board:  

Nothing to report

Old Business:

Falconer Legion Fundraiser – Dave Dunn has moved the date out to August and will reach back out to the board at a later date.

Elmwood Property request from Kelly Brown – Kelly Brown had inquired about purchasing village owned property behind her property on 135 Elmwood. The board authorized the use of the village property as long as no permanent structure was added.

5K Run request – Aaron Lee, co-founder Team AjStrong submitted the route for a 5k fundraiser event on June 10th, 2023 at 10 am.  The event will feature a BBQ food truck and donuts everywhere. Funds raised will help pay to send children to the YMCA Summer Camp program. Trustee Gustafson made a motion, seconded by Trustee Cavallaro to approve the AJ Strong 5k on June 10. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Chautauqua County Partnership for Economic Growth Grant (CCPEG) Downtown Revitalization A steering committee has been formed and participated in a recent kick-off meeting. The grant received provides for technical assistance from Barton & Loguidice (B&L) to develop a plan for revitalizing the main street corridor in the Village of Falconer.  Trustee Gustafson made a motion, seconded by Trustee Miller to accept the CCPEG and Barton & LoguidiceGrant for the downtown revitalization technical assistance.  Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays. Carried.                                                                                                                                                                            

Chautauqua County Partnership for Economic Growth Grant (CCPEG) – Main Street Green Space Award –the village was awarded a 20K grant to be used originally for 31-37 Main Street. Since 31-37 Main Street is now under contract with Savarino Development, Nate Aldrich from CCPEG has authorized the village to use the money for other improvements to Main Street such as new planters and benches.  Mayor Jaroszynski would like to form a committee to determine what best to use the grant money on. Trustee Miller made a motion, seconded by Trustee Gustafson to accept the CCPEG Main Street Green Space Grant for $20K. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

New Business:

2023 Water/Waste Water BPU Ratification – Trustee Cavallaro made a motion, seconded by Trustee Gustafson to approve the 2023 Water/Waste Water BPU agreement between the Village of Falconer and Jamestown BPU. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried.

Memorial Day Parade 2023 – Steve Cybart with the Falconer Legion will be heading up.

Appointment of new Dog Control Officer – tabled until next meeting

Approval of Full Time Code Officer Position – A full-time code officer position was discussed as needed at the budget workshop on 4/3/23.Trustee Cavallaro made a motion, seconded by Trustee Miller to approve full-time code enforcement position. Discussion: Part-time CEO Andalora and CEO Gustafson are to provide a schedule by May 1 as to what times they will be available until the position can be filled. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Approval of Full Time DPW Motor Vehicle Operator – A full-time DPW Motor Vehicle Operator position was discussed as needed at the budget workshop on 4/3/23. There were 4 DPW motor vehicle workers in the village several years ago. Trustee Miller made a motion, seconded by Trustee Cavallaro to approve full-time DPW Motor Vehicle Operator. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried.  

Slick Text – it was decided to continue with current subscription and do more to advertise and get more followers

In compliance with Village Law 50524 regarding the Annual Organizational Meeting, it is 

moved by Trustee Cavallaro and seconded by Trustee Miller to approve:

  • Community Bank, M&T Bank and NYCLASS 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 that fall on a Monday holiday will be held the Tuesday immediately following the holiday                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
  • The present Procurement Policy
  • The present Disaster Plan
  • The present Public Health Emergency Plan
  • Setting the 2024 Organizational Meeting of the Village of Falconer as Monday, April 8, 2024 at 6:00 p.m.

Correspondence:  

Correspondence from Vince Liuzzo on behalf of Chautauqua Watershed Conservancy would like to revisit previous meetings to discuss efforts to enhance/clean-up the Chadakoin river. The board decided to ask him to share his presentation at the next board meeting.

The Falconer Rotary club is planning on having the village yard sales on June 2 & 3. For a $5.00 fee, participants can register their location on a village of Falconer map. Registrations will be accepted from May 1 – 30 at the Falconer Vac Shop.

Abstracts

Motion:  It is moved by Trustee Cavallaro and seconded by Trustee Miller that Abstract #11, General Fund in the amount of $48,753.10 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 #11, Cemetery Fund in the amount of $4,620.60 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 #11, Library Fund in the amount of $2,794.92 be approved for payment. Roll: Gustafson: Aye, Cavallaro: Abstain, Miller: Aye, and Jaroszynski: Aye. Nays: none.  Carried. 

Motion:  It is moved by Trustee Gustafson and seconded by Trustee Cavallaro that Abstract #11, General Fund Hand Items in the amount of $36,644.66 be approved for payment. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Trustee Gustafson’s letter, dated April 10, 2023, which acknowledged his review of the March 2023 unpaid vouchers on April 9, 2023, was placed into record.

Trustee Miller made a motion, seconded by Trustee Gustafson to move into executive session regarding the contract at 7:45 pm. Roll: Gustafson: Aye, Cavallaro: Aye, Miller: Aye, and Jaroszynski: Aye. Nays: none. Carried. 

Executive Session: 

No action taken by the board.

Trustee Miller made a motion, seconded by Trustee Gustafson to exit executive session at 7:58pm. Ayes-all. Motion Carried. Trustee Cavallaro made a motion, seconded by Trustee Miller to re-enter the regular meeting. Ayes-all. Motion carried.

Trustee Miller made a motion, seconded by Trustee Gustafson to accept Yager’s quote for landscaping to be completed by the week before Memorial Day. Ayes-all. Motion carried.

Trustee Gustafson made a motion, seconded by Trustee Miller to adjourn the regular meeting at 7:59 pm. Ayes-all. Motion carried.

Respectfully submitted,
Cindy Capestrani, Village Clerk