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 Councilman Richard McCulloch, Tom Fox and James Velie, Town Clerk, Donna Karlsen, Bookkeeper, Angela Testa, Highway Superintendent, Ben Freier, Water/Sewer Operator, Ben Karlsen, Attorney for the Town, Emil Bove, Planning Board member, Cindy Lont, Zoning Board of Appeals, Susan Ottenweller. Also present was Lorri Lynn Bove. Absent: Councilman Eric Riegel.
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to open the public hearing on Local Law 2024-3, Overriding the Tax Levy Limit Established in General, Municipal Law §3-C at 7:02 p.m.
No Comments were offered.
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to close the public hearing on Local Law 2024-3, Overriding the Tax Levy Limit Established in General, Municipal Law §3-C
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to open the public hearing on the 2025 Preliminary Budget; General Fund Budget, Highway Fund Budget, Water District Budgets, Sewer District Budgets, Special District Fund Budgets, and adopt the following fire protection units: Varick/Romulus, Varick, and Varick/Fayette at 7:05 p.m.
No comments were offered.
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to close the public hearing on the 2025 Preliminary Budget; General Fund Budget, Highway Fund Budget, Water District Budgets, Sewer District Budgets, Special District Fund Budgets, and to adopt the following fire protection units: Varick/Romulus, Varick, and Varick/Fayette at 7:05 p.m.
Petitioners to Address the Board: None.
Abstract: A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to approve Abstract 11, Vouchers 320 to 363 in the amount of $240,662.31.
Highway: Highway Superintendent, Ben Freier reported he will be working with a tree removal crew to remove trees along the roadside. He has submitted for CHIP funding in an approximate amount of $43,000. He also reported that he is negotiating with Seneca County Highway for their mowing tractor.
Judge: Nothing to report
Supervisor’s Report: A motion by Richard McCulloch, seconded by Jim Velie and so carried unanimously to approve the September 2024 Monthly Supervisor’s Report.
2025 Preliminary Budget: Supervisor Hayssen reported that Ben Karlsen spoke to him regarding changing his pay from hourly to salary. Mr. Karlsen reported that after speaking with the bookkeeper, it would be easier for both timekeeping and bookkeeping purposes if he were paid salary versus at an hourly rate, which is how he is paid currently. Mr. Karlsen indicated that a salary of $3,000 could be expensed to Varick Sewer No. 1 and Varick Sewer District No. 2 proportionately by assessed number of units in each district. Mr. Hayssen reported that this figure would be reviewed and revised accordingly in the 2026 budget after the first year of implementation. Mr. Karlsen reported that the department has taken on more responsibility with rebuilding sewer pumps which requires more time as the pumps are aging and are having to replace the failing pumps. He also reported that there is discussion of the sewer department taking over the duties Yaws currently perform and discontinuing their contract. Supervisor Hayssen reported that the bookkeeper would reassess the amounts to the appropriate expense lines, and this would not affect the overall 2025 budgets for Varick Sewer District No. 1 or 2.
A motion by Richard McCulloch, seconded by Jame Velie and so carried unanimously to change Ben Karlsen’s position as Sewer Operator to a salary position at a 2025 rate of $3,000 to be expensed based on units in Varick Sewer District No. and Varick Sewer District No. 2 and to amend the 2025 Preliminary sewer budgets accordingly.
Supervisor Hayssen presented an adopting resolution to override the tax levy limit established in General Municipal Law §3-C.
RESOLUTION 24-15
LOCAL LAW 2024-3
OVERRIDING THE TAX LEVY LIMIT
ESTABLISHED IN GENERAL, MUNICIPAL LAW §3-C
BE IT ENACTED BY THE VARICK TOWN BOARD AS FOLLOWS:
LOCAL LAW 2024-3
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, 2025, 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, 2025 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.
Motion to Adopt by Richard McCulloch; Seconded by James Velie :
Aye Nay
Robert Hayssen X
Thomas Fox X
James Velie X
Richard McCulloch X
Eric Riegel Absent
So Carried: Aye-4 Nay-0 Absent 1
A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to move the 2025 Preliminary Budget to the 2025 Adopted budget of the General Fund Budget, Highway Fund Budget, Water District Budgets, Sewer District Budgets, Special District Fund Budgets, and to adopt the following fire protection units: Varick/Romulus, Varick, and Varick/Fayette.
Supervisor Hayssen reported he met with Community Bank NA. He recommends that the town transfer all fund savings account balances to money markets to obtain better interest rates. The money market accounts recommended are variable interest rate accounts. He presented to the board a Corporate Authorization Resolution which will supersede all prior resolutions.
A motion by Richard McCulloch, seconded by Jame Velie and so carried unanimously to adopt Resolution No. 24-16 Corporate Authorization Resolution submitted by Community Bank NA.
A copy of the Corporate Authorization Resolution will be attached to the official minutes of the town with a copy filed with the bookkeeper.
ARPA Funds: Mrs. Testa reported that the board has to decide prior to the end of this year how the balance of approximately $27,000 in funds will be spent. She reported that these funds do not need to be spent until the end of 2025.
Water and Sewer Supervisor’s 2024 October Report:
· Marked Out Dig Tickets as requested
· Called in Dig tickets for upcoming jobs
· Changed meters as needed
· Read each master meter and did calculations of daily usage
· Answered customers questions in each sewer and water district
· Did final reads as needed
· Changed out grinder pumps as needed
· Replaced Grinder pump tank/installed riser
· Took Bac T samples in each water district
· Filled out and submitted monthly report to health department
· Worked on lead and copper inventory
· Top soiled and re seeded due to excavation
· Dispatched and activated loggers to help locate any possible leak in water districts
· Tapped and installed new water service
· Looked into possible water leak
· Fixed meter leak under home in Varick 1
· Went to Siewert equipment to pick up parts for sewer project
· Handed and mailed in lead and copper to state and health department on 10/16
· Met with contractor to go over future connections in water and sewer in Varick 1
· Fixed driveway from construction equipment on East Lake Road
Varick Sewer District No. 1: Mr. Karlsen reported that he received a quote to purchase a generator to replace one of the generators that no longer is operational. He will be seeking other quotes. It was suggested that some of the ARPA funds could be used to purchase this generator, and it was noted that the cost of this generator would be split with the Town of Romulus according to the established percentages.
A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to approve the generator that will be replaced be taken to Martin’s to be auctioned at their December auction.
Varick Sewer District No. 2: Mr. Karlsen reported that they have a total of 5 repaired pumps and 3 new pumps in stock currently. The department replaced a damaged and leaking grinder pump tank at Aaron Teichner’s residence on East Lake Road.
Proposed Capital Project: Varick Sewer District No. 3 and 4: It was reported that RFQ’s were received from 4 engineering firms for both Varick and Fayette. These firms will be interviewed on November 18th and 20th by Richad McCulloch and perhaps Eric Riegel as Supervisor Hayssen will be out of town on those dates and Town of Fayette representatives at the Varick Town hall. RFQ’s were received from Barton & Loguidice, Wendel, MRB Group and Hunt AES.
Varick Water District No. 1: It was reportedThe Town of Romulus is requesting the master meter be reinstalled by Seneca County to meet the installation specifications of this meter. Due to the current incorrect installation, it is believed that the metered water usage number is incorrect. The department has almost completed replacing curb stops.
Seneca Lake Water District: Nothing further to report.
Water District No. 3: The water department has been monitoring Fayette’s flushing of lines pertaining to their new Fayette water system being built and general flushing due to dead ends in Fayette Water 5.
Water District No. 4: Mr. Karlsen noted that the Town of Romulus’s water usage has increased this quarter and it appears the water usage by the Varick residents is consistent with billing reports.
Mr. Karlsen thanked Highway Superintendent, Ben Freier for providing highway equipment and manpower to assist in and completing projects in the water and sewer districts.
Town Clerk’s Report: A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to approve October 2024 Town Clerk’s Report: Supervisor: $350, NYS AG & Markets: $3, Total Disbursements: $353.00
Minutes: A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to approve the minutes of October 1, 2024.
Zoning Board of Appeals: Susan Ottenweller reported that an application from Jacob and Chelsey Barry was submitted to the Zoning Board of Appeals and the Planning Board pertaining to a minor subdivision and set back request. She reviewed this application with Attorney Bove, who recommended she present it to the town board to discuss the enforcement of possible stipulations imposed with an approval of both applications. Mr. Bove reviewed the actions that could be taken by the Town board if the stipulations were not met. The board will support the Planning Board and Zoning Board’s decisions pertaining to this application and is agreeable to imposing stipulations to meet current zoning and will enforce those stipulations if found necessary.
Ms. Ottenweller also reported that Duane Reeder is interested in filling the vacancy on the zoning board of appeals on January 1, 2025 once Anne Backman retires. The vacancy can be filled at the reorganizational meeting January 2025.
Planning Board: Ms. Lont reported that the public hearing on the Olver property will be held. She reported that Thomas Bjorkman wrote a letter to the Army Corps of Engineers Proposed Plan for the Open Detonation Grounds at the Seneca Army Depot on behalf of the Planning Board. The Planning Board’s response is narrowly tailored to the remediation outcomes best to meet the objectives already in the town Zoning code. Specifically, it asked them to plant appropriate trees to this area so it is reforested and thereby provides a number of conservation values.
Comprehensive Plan: Ms. Lont reported that she has contacted and received agreement to participate as a member of the Comprehensive Plan Steering Committee from the following residents for the board’s consideration: Bob Cornell, Tina Davis, Cindy Lont, Linda Mastellar, Richard McCulloch, Susan Ottenweller, and Andrew Stein. She noted that some volunteers are members of the town board, planning board, and zoning board. She is looking for one more representative from the center of the town and it was suggested that Ronda Dickenson be contacted. It was also noted that board member Eric Riegel may be interested in serving on this committee as well.
To proceed, Mr. Hayssen stated he could seek from Barbara Johnston, at Labella a quote for services to direct this committee in the completion of the updated Comprehensive Plan.
A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to direct Supervisor Hayssen to contact Barbara Johnston at Labella for a proposal of services to assist in completing the update of the Town of Varick Comprehensive Plan.
A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to adjourn the meeting at 8:14 p.m.
Respectfully Submitted:
Donna Karlsen
Varick Town Clerk