October 3, 2023
The regular meeting of the Varick Town Board was called to order by Supervisor Robert Hayssen at 7:00 p.m. Present at this meeting were Councilmen Richard McCulloch, Tom Fox and Eric Riegel, Town Clerk, Donna Karlsen, Bookkeeper, Angela Testa, Highway Superintendent, Ben Freier, Water Operator, Ben Karlsen. Attorney for the Town, Frank Fisher. Also present were M. J. Persing Jr., Mark Benjamin and Jim Velie.
Abstract: A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to approve Abstract No. 10, Voucher 680 to Voucher 703 in the amount of $301,399.73.
Highway: Mr. Freier reported that the 2023 scheduled road work has been completed. He is looking at some tree removal projects to complete out the year. He reported that the ten-wheel dump truck and the town pick up is currently in for repair and he is using his personal truck until the town truck is returned. He will follow up with his personal auto insurance company and the town’s insurance company to confirm he has auto insurance coverage while using his personal truck for town business.
Judge: No report.
Bookkeeper: A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to approve the August 2023 Monthly Supervisor’s Report.
Code: Nothing to report.
Water Operator Report: September 2023
· Marked Out Dig Tickets as requested
· Called in Dig tickets for upcoming jobs
· Changed out meters
· Read each master meter and did calculations of daily usage
· Answered customers question in each sewer and water district
· Did final reads as needed
· Changed out grinder pumps as needed
· Took Bac T samples in each water district
· Filled out and submitted monthly report to health department
· Ordered parts for upcoming projects
· Exercised and painted hydrants on East Lake Rd
· Exercised generator for Sewer District #2
· Exercised guard valves in Seneca Lake Water District
· Rebuilt broken hydrant internals on McDougall Rd
· Replaced Hydrant on 414 in Varick 3 due to a car hitting it
· Rewired and hand dug new cable for sewer pump
· Dug up and replaced curb stops in Varick 1
· Greased, exercised, and turned guard valves on all hydrants In Varick 4
· Read water meters for quarterly billing
· Assisted county in replacement of valve in reservoir
· Cleaned up equipment after working in wet muddy locations
· Did water shut offs as needed
· Booked hotel and sent in application for Nate to attend Class D water certification
· Cleaned shop and truck out
· Re-plumbed shop on East Lake Road due to copper freezing this past winter
· Spoke with Yaws environmental about getting pump station grease pumped out before winter
· Replaced angle meter valve at home in Varick 1
Varick Sewer No. 1: Nothing further to report.
Varick Sewer No. 2: Mr. Karlsen reported that the new pipe system in the pump station is working well, but there will continue to be a buildup of grease that should be pumped out. Yaws has recommended that the pump station be pumped out one last time this year and again in the spring and remain on a twice a year pumping schedule. Mr. Karlsen also reported that there are 6 grinder pumps left in inventory.
Varick Water 1: Nothing further to report.
Seneca Lake Water District: Maintenance has been completed to approximately half of this district.
Varick Water District No. 3: Maintenance of this district is complete with the turning of valves and greasing of hydrants. Mr. Karlsen reported that the water department replaced the hydrant that was destroyed by a car on Route 414 and rebuilt a hydrant on McDougall Road in Fayette 5. The cost of these repairs will be split 58% to Fayette and 42% to Varick according to the agreement between the two districts.
Supervisor Hayssen reviewed his understanding of Town of Fayette’s new Water District No. 8 and how it will connect to their existing Fayette 5 and our Varick 3 joint district. The board discussed the need for master meters being installed where Fayette 8 district connects to Fayette 5/Varick 3 to determine water usage. Supervisor Hayssen reported that he had previously asked Fayette Supervisor Jeff Trout to attend a Varick Board meeting to discuss the planned connection to Varick 3 water district and to provide a district map for the Varick town board to review. Supervisor Trout was unable to make any of the meetings and has not as of this date provided a copy of the map. Construction on Fayette’s district began the first week of October. It was agreed that Supervisor Hayssen and a councilman should meet with Supervisor Trout to review the map, plan and report for Fayette 8 and express the board’s concerns and the need for master meters to be installed.
Varick Water District No. 4: Maintenance is completed.
Town Clerk’s Report: A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to approve September 2023 Town Clerk’s report: Supervisor: $310, NYS Ag & Markets: $15, Total Disbursements: $325.
Minutes: A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to approve the minutes of September 5, 2023.
Personnel: Mr. McCulloch reported that Ashley Chambers would like to add $500 to the Romulus/Varick Summer Recreation Program expense line and cited the increase in cost of recreation supplies and programing costs. If approved, the cost would be split with the Town of Romulus.
Assessor: No report.
2024 Tentative Budget:
The board reviewed the submitted 2024 Tentative Budget to which they may make any changes, alterations and revisions which are consistent with the law. Upon completion of this review, the tentative budget with modification, if any, becomes the Preliminary Budget.
Mrs. Testa reported that she hasn’t received budget figures for the following expenses and the 2023 amounts are currently reflected in the Tentative Budget:
- Ann Morgan’s budget,
- Worker’s Compensation
- Romulus Fire Department.
Summer Recreation: Mr. McCulloch reported that the Summer Recreation director, Mrs. Chambers, would like to increase the Summer Recreation expense line by $500. This amount would be split equally between the Town of Romulus and Varick.
Zoning Secretary: A discussion was held regarding the fees for short-term rentals and raising the renewal fee from $250 to $500 per year. The cost of the newly filed applications is $500. The revenue line A2115 in the 2024 tentative budget reflects the renewal fee at $500 instead of $250. If the fee was not raised the hours for the Zoning/Planning Secretary may need to be reduced based on the income generated. Mrs. Karlsen will review the local law to be sure the renewal fee is not specified by the adopted law and only on the STR application. It was suggested that the $250 fee remain in place and the secretary’s hours be reduced in line with the revenue generated by renewed STR applications. Mrs. Testa will compute the hours the secretary will be able to work using the revenue generated using the $250 renewal application fee and report to the board at the Preliminary Budget review. No changes will be made to the Tentative Budget at this time and will be reviewed at the November 1st Preliminary Budget hearing.
Highway: Mr. Freier reported that the town’s pickup, which was ordered this year, still has no confirmed delivery date and may not be delivered and invoiced until 2024. He also noted that the town needs to purchase a ten-wheel dump truck and asked that $300,000 be budgeted for that truck in 2024. Mrs. Testa reported that the $300,000 was budgeted using an anticipated fund balance from 2023 to offset some of this budget line increase. The fund balance amount included funds budgeted for the payment of the new pick-up truck which has not been expensed to date in the 2023 budget and was anticipated to fall into the fund balance for 2024. After further review and discussion, it as decided to seek a bond anticipation note for a portion of the cost of the ten-wheel truck and decrease the expense line DA5130.240 from $300,000 to $200,000 which decreased the overall amount used from the fund balance.
Tentative Budget: Mrs. Testa reported that the tentative budget reflects a 3% cost of living pay increase for employees, elected and appointed officials. Highway Superintendent, Ben Freier, requested that Kris Karlsen pay be increased 8% in order to bring his hourly pay rate closer to what other surrounding towns are paying. The water operator, Ben Karlsen reported that Nate Craig has passed his probation period and did not receive a review and no optional pay increase as indicated at his time of hire. Mr. Craig will be taking a course to obtain his Class D Water Certification this month and Mr. Karlsen requested that his hourly rate be increased to $21.50 based on his passing this class. Mrs. Testa reported that she had incorrectly put in a $2.00/hour raise for him, but she feels the correlating budget lines in the four water districts still has enough budgeted to support the correct raise amount.
Mrs. Testa recommended that the board pass a resolution to override the tax levy limit in General Municipal Law §3-C just in case the Tentative Budget with modifications exceeds the 2% tax cap.
Resolution 23-010
A Resolution to Introduce Local Law No. 3 of 2023 to Override the Tax Levy Limit In General Municipal Law §3-C
Whereas, The Varick Town Board has been made aware of passage by state legislature §3-C of the New York state General Municipal Law (GML) and
Whereas, §3-C GML provides for a “tax cap” on tax levies by municipalities without placing a similar “cap” on unfunded mandates imposed upon municipalities by the state, and
Whereas, required town expenditures, including those for such unfunded mandates continue to rise at a rate in excess of the cap imposed under, §3-C GML
Now, Therefore, be it
Resolved, that Local Law No. 3 of 2023 entitled “A Local Law to Override the Tax Levy Limit Established in General Law§3-C, and the same is hereby introduced before the Town Board of the Town of Varick, New York to read in substantially the following form:
Section 1. Legislative Intent
It is the intent of this local law to allow the Town of Varick to adopt a budget for the fiscal year commencing January 1, 2024 that requires a real property tax levy in excess of the “tax levy limit’ as defined by General Municipal Law §3-C.
Section 2. Authority
This local law is adopted pursuant to sub-division 5 of the General Municipal Law § 3-C which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Town Board of Varick is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2024 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-C.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective Date
This law shall take effect immediately upon filing with the Secretary of State.
And be it further resolved, that the copies of the aforesaid proposed local law be laid upon the desks of each member of the Town Board no less than ten days before its enactment by the Board, and be it further
Resolved, that the Town Board hold a public hearing on said proposed Local Law at the Varick Town Hall, 4782 Route 96, Romulus NY in the Town of Varick at or about 7:00 p.m. on the 1st day of November 2023, and be it further resolved
Resolved, that the clerk to the board publish or cause or be published a notice of said public hearing in the official newspaper of the town of Varick at least five (5) days prior thereto.
Motion: Richard McCulloch
Seconded: Eric Riegel
So Carried Unanimously
Dated: October 3, 2023
Donna Karlsen
Town Clerk
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to move with changes, alterations and revisions the 2024 Tentative Budget to the 2024 Preliminary Budget and to hold a public hearing before the Varick Town Board on November 2023 at 7:00 p.m. at the Varick Town Hall, 4782, Route 96 on the proposed General Fund Budget, Highway Fund Budget, Water District Budgets, Sewer District Budgets, Special District Fund Budgets, and be it further advised that a public hearing will be held immediately following to adopt the following fire protection units: Varick/Romulus, Varick and Varick/Fayette.
New Business, Old Business, Correspondence:
Mr. Fox presented to the board a proposed resolution written by Mark Benjamin, a representative for Seneca Meadow Landfill. Mr. Fox reported that Tompkins County legislature last month passed a resolution to close Seneca Meadow Landfill, and he reported that no one from Tompkins County spoke to anyone at Seneca County regarding this matter and went ahead and passed a resolution to close a major business in another county. Mr. Fox expressed his opinion that our county does not need entities outside our county dictating what happens in Seneca County and noted that we have political people that can make decisions for Seneca County. He went on to note that Seneca Meadows Landfill is a major business in Seneca County, and we need to support all businesses, not drive them away.
Mr. Riegel inquired if Seneca Meadows has permits that extend out to 2040 currently and if our town attorney had reviewed the proposed resolution. Mr. Benjamin reported that Seneca Meadows has a timeline in front of DEC currently, with no approved permits and no other town has adopted the presented resolution. Town Attorney, Mr. Fisher stated he had not reviewed the proposed resolution and after doing so now, would have written it differently. Mr. Hayssen noted that Seneca Meadows is not in our town and as the board had agreed in previous meetings, other towns should not be making decisions for other townships who also have capable political people in their town to make those decisions on their behalf.
Mr. Hayssen called for a motion, a second and a roll call on the following resolution as presented by Tom Fox:
23-011 Resolution (THIS RESOLUTION WAS RESCINDED BY RESOLUTION NO. 24-003; REGULAR MEETING OF VARICK TOWN BOARD ON FEBRUARY 6, 2024)
RESOLUTION TO SUPPORT BUSINESSES IN SENECA COUNTY
WHEREAS, Seneca County is recognized as a great place to live and work, in part because of the clean air, fresh water, cultural, historic, and recreational opportunities that are available in an around Seneca County; and
WHEREAS, Seneca County is proud of its diversity of its residents’ workforce talent and abundance of employment opportunities in a wide variety of industries and professional occupations and
WHEREAS, Seneca County is geographically located in close proximity to major transportation lines serving air, rail and auto and
WHEREAS, Seneca County values include creating and fostering an environment conducive to business and economic stability; and
WHEREAS, Seneca County is inclusive and welcoming to all businesses and the prosperity of all of its residents; and
WHEREAS, select neighboring counties have chosen to weigh in on an important economic development and environmental issue in Seneca County, the Board feels compelled to make certain facts clear; and
WHEREAS, no outside governing body will supersede the Seneca County Board’s legal jurisdiction in working with businesses large and small, and how they carry out their business, especially an employer with a significant and longstanding presence in the County; and
WHEREAS, outside Counties involvement in an issue inside Seneca County would ultimately do more harm than good to Seneca County families. The premature closure of Seneca Meadows would result in the immediate loss of more than 100 local jobs and will have both short and long-term negative consequences not only in Seneca County but across the entire region; and
WHEREAS, the health, safety and welfare of the residents of Seneca County is of paramount importance and concern,
WHEREAS, Seneca Meadows, Inc. is recognized as providing state of the art waste management infrastructure, capacity, personnel, and environmental safeguards and
WHEREAS, Seneca Meadows has invested millions of dollars in environmental infrastructure upgrades and cutting-edge training for their employees to ensure it remains a national model for the most environmentally friendly waste management solutions; and
WHEREAS, Seneca Meadows, Inc. operates in a manner that meets and exceeds the most stringent environmental regulations in North America and
WHEREAS, Seneca Meadows, Inc. is recognized as an economic engine for Seneca County and provides approximately 100 local jobs and
WHEREAS, Seneca Meadows, Inc. contributes a $70 million positive annual economic impact to Seneca County and
WHEREAS, Seneca Meadows, Inc. contributes over $3 million per year to the Town of Seneca Falls that provides tax relief and
WHEREAS, Seneca Meadows, Inc. contributes over $750,000 per year to the Town of Waterloo that provides tax relief and
WHEREAS, Seneca Meadows, Inc. contributes over $250,000 per year to local charities, service organizations and first responders,
WHEREAS, Seneca County is open for business and business friendly; now therefore be it
RESOLVED, to support the Valley Infill project put forth by Seneca Meadows, Inc. to continue to operate a waste management and recycling facility through the year 2040.
Motion: Eric Riegel
Seconded: Tom Fox
Roll Call:
Robert Hayssen: Abstain
Richard McCulloch: Yes
Tom Fox: Yes
Eric Riegel: Yes
Richard Peterson: Absent
1 Abstain, 3 Yes, 1 Absent
So Carried
It was noted that the November meeting of the Varick Town Board will need to be changed in observance of Election Day.
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to set the date for the regular meeting of the Varick Town Board to Wednesday, November 1, 2023 at 7:00 p.m.
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to adjourn the meeting at 8:30 p.m.
Respectfully submitted,
Donna Karlsen
Varick Town Clerk