October 1, 2024
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, James Velie, and Eric Riegel, Town Clerk, Donna Karlsen, Bookkeeper, Angela Testa, Attorney for the Town, Emil Bove, Highway Superintendent, Ben Freier, Assessor, Anne Morgan and Planning Board member, Cindy Lont. Also present was Miles Persing.
A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to open the public hearing on Local Law No. 2 of 2024, A Local Law Establishing a Real Property Tax Exemption for Veterans of the Cold War at 7:03 p.m.
Attorney Bove acknowledged the law mirrors the law adopted by Seneca County as recommended by Assessor Anne Morgan.
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to close the public hearing on Local Law No. 2 of 2024, A Local Law Establishing a Real Property Tax Exemption for Veterans of the Cold War at 7:05 p.m.
Petitioners to Address the Board: Mr. Persing noted property within the town that may possibly be in violation of county and town code due to their upkeep.
Abstract: A motion by Richard McCulloch, seconded by Jim Velie and so carried to approve Abstract Number 10, Vouchers 287-319 in the amount of $83,034.64.
Highway: Highway Superintendent, Ben Freier reported that they completed oil and stoning McGrane Road. They have some ditching to do and six to eight trees along the roadsides that need to be taken down. They are currently helping the county pave East Lake Road and will begin preparing for the winter months.
Supervisor’s Report: A motion by Eric Riegel, seconded by Jim Velie and so carried unanimously to approve the August 2024 Monthly Supervisor’s Report.
Mr. Hayssen reported that he has set up an appointment with Community Bank to look at accounts that would optimize revenue for the town.
Water/Sewer Operator’s Report: September 2024
· 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
· Rebuilt sewer pumps
· 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 lawns due to excavation
· Dispatched and activated loggers to help locate any possible leak in water districts
· Fixed and repaired sewer lateral leak
· Wired up grinder pump into box
· Tapped and installed new water service
· Read water meters in all 4 districts
· Looked into possible sewer issue on locust lane
· Submitted and mail in Class D water license renewal
General: Water and Sewer Districts: Supervisor Hayssen reported while preparing the 2025 Tentative Budget he recognized the increase in cost of materials and repairs and recommended that the board consider raising the operations and maintenance fee assesses quarterly by $5 to Varick Sewer District 1 and 2 and Varick Water Districts 1 and 3 to help offset these realized cost increases.
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to increase the quarterly operation and maintenance fees for Varick Water Districts 1 and 3 and Varick Sewer Districts 1 and 2 by $5 effective with the 2024 Fourth Quarter billing.
Varick Sewer District No. 1: Nothing further to report.
Varick Sewer District No. 2: Nothing further to report.
Proposed Capital Project: Varick Sewer Districts No. 3 & 4: The RFQ was posted on the web page and advertised in the legal newspaper. The town has had some inquirers from engineers. Mr. Hayssen reported the Town of Fayette is going to request a second round for the RFQ and feels both towns should interview the engineering firms at the same time once they have been received by both towns.
Varick Water District No. 1: Nothing further to report.
Seneca Lake Water District: Nothing further to report.
Varick Water District No. 3: Nothing further to report.
Varick Water District No. 4: Nothing further to report.
Town Clerk’s Report: A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to approve September 2024 Town Clerk’s Report: Supervisor: $440, NYS Ag & Markets: $23, State Health Department: $45, Total Disbursements: $508.
Mrs. Karlsen reminded the board that the November meeting needs to be rescheduled for a different date due to elections.
A motion by Richard McCulloch, seconded by Jim Velie and so carried unanimously to schedule the November 2024 regular meeting of the Varick Town board for November 6, 2024, at 7:00 p.m.
Minutes: A motion by Richard McCulloch, seconded by Jim Velie and so carried unanimously to approve the minutes of September 3, 2024.
Summer Recreation Program: Ashley Chambers provided Mr. McCulloch with a printed slide show presentation summation of the 2024 recreation program for the board’s review. Mr. McCulloch reported that the enrollment number was down as Mrs. Chambers did not accept UPK-incoming Kindergartners. She indicated in her report that due to the uncertainty of where/how the program would be housed along with some difficulty getting staff to commit initially, she made the decision to ensure adequate supervision of children.
Assessor: Mrs. Morgan reported that she has completed classes regarding new laws. She will be working on a new computer system that will work directly with Albany and working together with local assessors to supply the same information to taxpayers. She reported that her 2025 budget is completed.
A resolution for a local law establishing a Real Property tax exemption for veterans of the Cold War was presented and adopted as follows:
Resolution: 24-14
TOWN OF VARICK
LOCAL LAW NO. 2 OF 2024
A LOCAL LAW ESTABLISHING A REAL PROPERTY TAX EXEMPTION FOR VETERANS OF THE COLD WAR.
Be it enacted by the Town Board of the Town of Varick as follows:
Section 1. Title
This local law shall be known as the “Cold War Veterans Property Tax Exemption Law”.
Section 2. Findings
The New York State Legislature has amended Section 458-b of the New York State Real Property Tax Law (RPTL) to provide the Town of Varick and other jurisdictions with the option of enacting a local law extending to Cold War Veterans a real property tax exemption similar to tax exemptions granted to other war veterans. It is the intent of the Varick Town Board to extend such tax exemptions to the Town of Varick’s Cold War Veterans by this local law consistent with the terms and provisions of Real Property Tax Law§ 458-b. In the event of any apparent conflict, precedence is given to the interpretation or provisions of the said RPTL section.
Section 3. Definitions
- “Cold War Veteran” means a person, male or female who served on active duty in the United States armed forces, during the time period from September 2, 1945, to December 26, 1991, and was discharged or released therefrom under honorable conditions.
“Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard
“Active Duty” means full-time duty in the United States armed forces, other than active duty for training.
“Service Connected” means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service.
“Qualified Owner” means a Cold War veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Cold War veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled.
“Qualified Residential Real Property” means property owned by a qualified owner which is used exclusively for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this section. Such property shall be the primary residence of the Cold War veteran or the unremarried surviving spouse of a Cold War veteran unless the Cold War veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization.
“Latest state equalization rate” means the latest final state equalization rate or special equalization rate established by the commissioner pursuant to article twelve of this chapter. The commissioner shall establish a special equalization rate if it finds that there has been a material change in the level of assessment since the establishment of the latest state equalization rate, but in no event shall such a special equalization rate exceed one hundred. In the event that the state equalization rate exceeds one hundred, then the state equalization rate shall be one hundred for the purposes of this section. Where a special equalization rate is established for purposes of this section, the assessor is directed and authorized to recompute the Cold War veterans exemption on the assessment roll by applying such special equalization rate instead of the latest state equalization rate applied in the previous year and to make the appropriate corrections on the assessment roll, notwithstanding the fact that such assessor may receive the special equalization rate after the completion, verification and filing of such final assessment roll. In the event that the assessor does not have custody of the roll when such re-computation is accomplished, the assessor shall certify such re-computation to the local officers having custody and control of such roll, and such local officers are hereby directed and authorized to enter the recomputed Cold War veterans’ exemption certified by the assessor on such roll.
h.) “Latest Class Ratio” means the latest final class ratio established by the state board pursuant to title one of Article 12 of the Real Property Tax Law for use in a special assessing unit as defined in Real Property Tax Law §1801.
Section 4. Grant of Exemption
a.) As authorized by Real Property Tax Law §458-b, the Town of Varick is hereby providing that qualifying residential real property of Cold War veterans, as previously defined, shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided, however, that such exemption shall not exceed six thousand dollars ($6,000) or the product of $6,000 multiplied by the latest state equalization rate for the assessing unit, or in the case of a special assessing unit, the latest class ratio, whichever is less.
b.) ln addition to the exemption provided in paragraph a of Section 4 of this local law, where the Cold War veteran received a compensation rating from the United States veterans affairs or from the United States Department of Defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent (50%) of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed twenty thousand dollars ($20,000), or the product of $20,000 multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.
Section 5. Limitations
a.) The exemption from taxation provided by this local law shall not be applicable to taxes levied for school purposes.
b.) If a Cold War veteran receives the exemption under Real Property Tax Law §458, or §458-a, the Cold War veteran shall not be eligible to receive the exemption provided by this local law.
c.) The exemption provided by Section 4 of this local law shall be granted for a period of ten (10) years. The commencement of such ten-year period shall be governed pursuant to this subparagraph. Where a qualified owner owns qualifying residential real property on the effective date of the local law providing for such exemption, such10 (ten) year period shall be measured from the assessment roll prepared pursuant to the firs taxable status date occurring on or after the effective date of the local law providing for such exemption. Where a qualified owner does not own qualifying residential real property on the effective date of the local law providing for such exemption, such 10 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (60) days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within 60 days after the purchase of residential real property, such 10 year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such 10-year Period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subdivision for the unexpired portion of the 10-year period.
d.) Application for exemption shall be made by the owner, or all of the owners of the property on a form prescribed by the state board, subject to the conditions set forth in Real Property Tax Law §458-b. The owner or owners shall file the completed form in the appropriate assessor’s office on or before the first appropriate taxable status date.
e.) This law may be repealed as may be determined by the Town Board at some future date. Such repeal shall occur at least ninety (90) days prior to the taxable status date of the Town.
Section 6. Severability
lf any clause, sentence, paragraph, subdivision, section, or part of this local law be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree, or order shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered.
Section 7. Effective Date
This Local Law shall take effect upon the filing thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law.
Motion to Adopt by Eric Riegel; Seconded by Richard McCulloch
Aye Nay
Robert Hayssen X
Thomas Fox X
James Velie X
Richard McCulloch X
Eric Riegel X
So Carried Unanimously
Planning Board: Mrs. Lont reported that Ann Kaminski is working on FAQ information for the web page, and she can send them over for the board’s review.
She received an STR list from Seneca County and provided them with the town’s list of STR for comparison.
She and Code Enforcement Officer, Tim Dorn met with Attorney Bove to review the process for violation of the STR code and information that Tim needs to obtain and keep on file for reference.
The planning board received a request for lot line move from Olver for Zimmermans and noted the zoning is working, promoting agriculture and residential development. Mrs. Lont reported that the major subdivision application has been completed and the board was provided with a copy for their review. It was noted that there are no current inquiries pertaining to a major subdivision so the town board will let the moratorium run its full course of six months, to expire in February 2025 unless an inquiry comes before the planning board at which time they will address the moratorium.
Comprehensive Plan: A notice was put on the town’s web page seeking interested parties. Mr. Hayssen has contacted the Finger Lakes Times and the Seneca Shopper to publish an article seeking interested Varick residents.
2025 Tentative Budget: The board reviewed the Tentative Budget. It was noted that there is a 10% tax increase to cover the purchase of the plow equipment for the new 10-wheeler purchased in 2024. The board agreed to a 3% pay increase for elected, appointed and all employees unless specific raises are requested by department heads. These specified raises were to meet local position pay rates in highway and water and sewer departments. Mr. Hayssen recommended that the planning board and zoning board members receive an increase of $100 per person due to the added work they are incurring.
A motion by Tom Fox, seconded by Jim Velie and so carried unanimously to amend the 2025 Tentative Budget as follows:
10% increase in pay for Nate
4.5 % increase in pay for Kris Karlsen
$100 increase in stipend for all members of the Planning Board and Zoning Board
$400 increase in Assessor’s budget
$1,000 Highway and Water/Sewer Department for uniforms
3% pay increase for all appointed, elected and employees of the town.
The fund balance from the appropriate funds will be used to offset increases in expense lines.
Resolution No.: 24-013
A RESOLUTION TO INTRODUCE LOCAL LAW NO. 3 OF THE YEAR 2024 TO OVERRIDE THE TAX LEVY LIMIT
IN GENERAL, MUNICIPAL LAW §3-C
WHEREAS, the Varick Town Board has been made aware of passage by the 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 3 of 2024 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 of Board of the Town of Varick, New York, to read in substantially the following form:
Sec. 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 Section §3-C.
Sec. 2. – Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law Section §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 60 percent (60%) of said governing body.
Sec. 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 Section §3-C.
Sec. 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.
Sec. 5. – Effective Date
This Local 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 State Route 96, Romulus, New York in the Town of Varick at or about 7:00 p.m. on the 6th day of November 2024; and be it further
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
Second: Eric Riegel
So Carried: Unanimously
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to move with changes, alterations and revisions the 2025 Tentative Budget to the 2025 Preliminary Budget and to hold a public hearing before the Varick Town Board on November 6, 2024 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:
Mrs. Karlsen was informed by NOCO they do have the state bid for the premium ULSD diesel for Seneca County and noted the cost as of September 13, 2024 would be $2.549. If the highway department chooses the non-premium product that cost would be $2.4064. The heating oil cost came in on September 13 at $2.4912 and NOCO would install a monitor on both the heating oil and on road tanks to prevent any outages. The propane pricing would be fixed at $1.699 for two years with an expiration date of September 30, 2026. They offered Varick employees a fixed price for their propane at $1.899 and $3.259 for their heating oil. The board extended authorization to the town clerk and highway superintendent to negotiate and purchase from a supplier that provides competitive pricing.
The town received two quotes for paving a portion of the town hall parking lot. Seneca Stone who has the state bid quoted $11,913 but did not include grading and tearing up and removing existing pavement at two entrances. The second quote was from Official Asphalt in the amount of $13,500 to include grading of the worksite, edge all grass back, establishing pitch for drainage, compress and tamp all edges and a one-year warranty on cracking larger than one inch in diameter and breaks to the top surface of pavement.
A motion by Jim Velie, seconded by Eric Riegel to hire Official Asphalt to grade and pave the town hall parking lot at specified in their proposal in the amount of $13,500.
Discussion: Mr. Fox preferred that we support local business in the county and supported Seneca Stone’s bid. Mr. Velie, Mr. McCulloch and Mr. Riegel also agree with supporting local business; however, they noted the highway department would need to be responsible for removing existing pavement, grading and supplying the material needed to achieve a workable pitch for water flow. Seneca Stone did not provide those services nor a year warranty on their work. For the difference in price of $1,587 and the fact the work provided under Official Asphalt’s bid has a warrantee, they felt it would be preferable to use them.
Roll Call:
Robert Hayssen: Yes
Jim Velie: Yes
Eric Riegel: Yes
Richard McCulloch: Yes
Tom Fox: No
Yes: 4 No: 1
So Carried.
A motion by Jim Velie, seconded by Eric Riegel and so carried unanimously to adjourn the meeting at 8:20 p.m.
Respectfully Submitted:
Donna Karlsen
Varick Town Clerk