September 2, 2025

September 2, 2025

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, Eric Riegel, Tom Fox and James Velie, Town Clerk, Donna Karlsen, Attorney for the Town, Ryan Stebbins, Highway Superintendent, Ben Freier, Water/Sewer Operator, Ben Karlsen, Planning Board members, Linda Mastellar and Thomas Bjorkman.  Also present were Cindy Lont, Tanner Leto, Karl Love, Beth Ann Paverske, and M. J. Persing Jr.

Petitioners to Address the Board:  Karl Love has property on Ernsberger Road which is adjacent to his property located on Route 89.  He inquired about the procedure required to sub-divide this property into building lots and accessing the water line at his current property he owns on Route 89 and supplying it to the potential building lots above.  The board directed him to contact the Planning Board regarding his subdivisions.  In relation to accessing his water line he would be required to provide to the board an engineering design and easements for each parcel prior to consideration for connection.  He was also informed he would be responsible for billing for water usage for the subdivided parcels as the meter would be placed at the tap on Route 89. 

Abstract:  A motion by James Velie, seconded by Richard McCulloch and so carried unanimously to approve Abstract No. 9, Vouchers 247 to 275 in the amount of $45,196.74.

MRB submitted a bill for $2,327.75 for services from June 29, 2025 to July 26, 2025.  It was noted concern was expressed by Mary Chappell, financial advisor, over the errors and the need to redo work with added communication between the town and financial advisor resulting in added expense to billing for the project.  The board tabled payment of this bill for further review and consideration.

Highway: Highway Superintendent, Ben Freier reported that he has installed driveway pipes on Deal Road and paving will begin in October to portions of Deal Road and Hahnel Road. 

He also reported that Kris Karlsen is retiring as of October 31, 2025. The board reviewed position requirements and rate of pay from surrounding municipalities.  Mr. Freier will advertise for this position in the newspaper, Facebook and on the town’s website.

Judge:  No report.

Supervisor’s Report:  A motion by Eric Riegel, seconded by Richard McCulloch and so carried to approve the Monthly Report of the Supervisor for July 2025. 

Varick Code Enforcement Officer report:  No report.

Water/Sewer Operator’s Report-August 2025

Ben Karlsen thanked the Highway Superintendent, Ben Freier, for allowing the water/sewer department use of their department’s equipment for water and sewer repairs. 

Mr. Karlsen and Mr. Freier discussed with the board sharing the new employee for the Highway with the water and sewer department in cases where added manpower is required.  The board agreed with this suggestion and at the time of interviews, these job responsibilities will be discussed.  The board gave Mr. Karlsen permission to seek quotes from contractors to provide services on an on-call basis in case of emergency repairs

Mr. Karlsen reported that currently the department’s phone number is his personal phone and would like to have the town purchase a business cell phone so he can begin transitioning phone calls over.  This will allow other employees to have access to water and sewer calls.  Mr. Fox felt that two cell phones should be purchased for each of the water and sewer employees.  It was noted that phone calls can be forwarded to the employees’ individual phones if they choose not to carry the town’s phone when on call.

A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to grant permission to the Water/Sewer Department to determine the number of cell phones they need for the department and purchase them through Verizon, the company the town has their current phone plan with. 

The town clerk reported that the town needs new cell phones for the Judge and Clerk’s offices as the current ones are experiencing issues and the batteries in the remaining departments are not holding a charge.  The current phones are at least 8 years old and new phones for all the departments need to be updated and can be done at this time.

Varick Sewer District No. 1.:  Water/Sewer Operator, Ben Karlsen reported that the ARPA funds designated for the purchase of two generators for this district needs to be expended by the end of this year.  He will be submitting an order for these generators The board was reminded that the cost will be split with the Town of Romulus by the established percentage of Romulus 55%/Varick 45%. Mr. Karlsen has been waiting for Supervisor Hayssen to notify the Town of Romulus Supervisor of this purchase prior to ordering. The board directed Mr. Karlsen to move forward with purchasing the generators and have the bookkeeper bill the Town of Romulus their share according to the agreement. 

Varick Sewer District No. 2:  Mr. Karlsen reported that one of the main pumps at the lift station is not operable and cost to repair it would be approximately $10,000 and to replace it would be $20,000.  The pump was still under a 5 year reducing warranty which expired two days after the company was informed of its failure.  Yaws is following up with this company on the warrantee and a firm cost to repair. Currently the lift station is running on only one pump which is not ideal. 

It was reported that Yaws raised their hourly rate from $75/hour to $145/hour effective with the June billing with no notification to the town.  The town clerk spoke to Yaws regarding this increase when she recognized the bill sent to the town for June services.  Yaws thought they had sent a letter to the town prior to this increase, but no notice was received by the town.  The Town Clerk explained the town’s budgeting process and how this sudden large increase would affect the district’s budget and they agreed to hold off initiating this increase until January 1, 2026.  

Mr. Karlsen reported that the current contract the town has with Yaws costs the town $602.32 monthly to check on the pump station two times during the week and be on call in the event the pumps malfunction. He reported that he and Nate are down there during the week and he is called by Yaws to come out in the event a pump malfunctions and feels the sewer department could take

over this responsibility.

Proposed Capital Project-Sewer District No. 4:  Supervisor Hayssen presented an agreement with Orrick retaining them as Bond counsel for the Town of Varick with their respect to rendering approving opinion in connection with the bond issuance of $10,607,000 Bonds to EFC or USDA for Sewer District No. 4.   

A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to enter into agreement with Orrick retaining them as Bond counsel to the Town of Varick with their respect to rendering approving opinion in connection with the bond issuance of $10,607,000 Bonds to EFC or USDA for Sewer District No. 4 and direction Supervisor Hayssen to sign said agreement.

The following resolution was presented for adoption:

Resolution No:  25-006

A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING A $10,607,000 SERIAL BONDS OF THE TOWN OF VARICK, SENECA COUNTY, NEW YORK, TO PAY THE COST OF THE ESTABLISHMENT OF SEWER DISTRICT NO. 4 IN SAID TOWN.

WHEREAS, pursuant to proceedings to be had and taken in accordance with the provisions of Article 12-A of the Town Law, the Town Board of the Town of Varick, Seneca County, New York (the “Town”), has determined to proceed with the establishment of Sewer District No. 4 in said Town (the “District”); and

WHEREAS, the capital project therefor as hereinafter described has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant adverse environmental impact; and

WHEREAS, it is now desired to authorize financing of the improvements proposed for such District; NOW, THEREFORE, BE IT

RESOLVED, by the Town Board of the Town of Varick, Seneca County, New York, as follows:

Section 1.        Improvements in connection with the establishment of Sewer District No. 4 in the Town of Varick, consisting of the construction of a sewer system, including sewer mains, and original equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, as more fully set forth in a map, plan and report are hereby approved at a maximum estimated cost of $10,607,000.

Section 2.        It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of not exceeding $10,607,000 serial bonds of said Town hereby authorized to be issued therefor.

Section 3.        It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law.  It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years.

Section 4.        The faith and credit of said Town of Varick, Seneca County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable.  To the extent not paid from other sources, there shall be annually assessed upon and collected from the several lots and parcels of land within said Sewer District No. 4 in the manner provided by law, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due.

Section 5.        Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer.  Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.

Section 6.        The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as she shall deem best for the interests of said Town, including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, the Supervisor shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds.  The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money.

Section 7.        All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town.  Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.

Section 8.        The Supervisor is hereby further authorized, at the Supervisor’s sole discretion, to execute a project finance and/or loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation.

Section 9.        The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Supervisor.  Such notes shall be of such terms, form and contents as may be prescribed by said Supervisor consistent with the provisions of the Local Finance Law.

Section 10.      This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 – 2.  Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.

Section 11.      The validity of such bonds and bond anticipation notes may be contested only if:

1)         Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

2)         The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or

3)         Such obligations are authorized in violation of the provisions of the Constitution.

Section 12.      This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law; provided, however, that no bond anticipation note or bonds shall be issued pursuant to this bond resolution prior to the completion of

Upon approval of the Resolution, the board directed Supervisor Hayssen to sign the New York State Water Infrastructure Improvement & Intermunicipal Water Infrastructure Grant Programs form.

The question of adoption of the foregoing resolution as duly put to a vote on roll call, which resulted as follows:

Supervisor Robert Hayssen                Voting Yes

Councilman Richard McCulloch        Voting  Yes

Councilman Thomas Fox                   Voting  Yes

Councilman James Velie                   Voting  Yes

Councilman Eric Riegel                      Voting Yes

So Carried Unanimously

 A discussion was held with MRB regarding the town’s resolution number 25-005 provided by MRB which stated the Town of Varick supported the 2025 Water Infrastructure Improvement Act Creation of Sewer District No. 3 and No. 4 along Cayuga Lake.  This resolution should not have included Sewer District No. 3 at this time.

A motion by Eric Riegel, seconded by James Velie and so carried unanimously to rescind Resolution Number 25-005 Resolution of Support from the Town of Varick 2025 Water Infrastructure Improvement Ace Creation of Sewer District No. 3 and No. 4 Along Cayuga Lake.

The following resolution was presented:

Resolution 25-007

Resolution of Support from the Town of Varick

2025 Water Infrastructure Improvement Act

Creation of Sewer District No. 4 Along Cayuga Lake

WHEREAS, the Town Board for the Town of Varick, located in Seneca County, supports the submission of a 2025 Water Infrastructure Improvement Act application on behalf of the Town for the construction of a sewer district along Cayuga Lake; and

WHEREAS, the New York State Environmental Facilities Corporation (EFC) provides a competitive statewide reimbursement grant program for local governments, administered to directly address documented water quality impairments; and

WHEREAS, an Engineering Report entitled Sewer District No. 3/Sewer District No. 4 Sanitary Sewer Project by Hunt Engineers and Amended in July 2025 by MRB Group, identifies the Project to help improve water quality and protect public health; and

NOW THEREFORE BE IT RESOLVED, the Town of Varick Town Board identifies the Town Supervisor as the authorized representative of the Town to execute necessary documents relative to and as required for the grant application; and

BE IT FURTHER RESOLVED, that the Town may be obligated to provide local matching funds totaling at least 75% of the Project Costs in the form of in-kind services or cash contributions appropriated through State Revolving Fund (SRF) or other approved financing or funds, in accordance with the Bond Resolution; and

BE IT FURTHER RESOLVED, that the Town Board for the Town of Varick, located in Seneca County, recognizes and fully supports the submission of the 2025 WIIA grant application by MRB Group on behalf of the Town to improve water quality and protect public health.

Motion by: Richard McCulloch

Seconded by: Eric Riegel

Passed by the following vote of all Town Board Members voting in favor thereof:

Affirmative Town Board Members: Robert Hayssen, Richard McCulloch, Tom Fox, Eric Riegel and James Velie

Affirmative: # 5

Negative: # 0

Abstain: # 0

Varick Water District No. 1:  Mr. Karlsen reported that they found another water leak in the Town of Romulus and will be scheduling this repair with the Town of Romulus. 

Supervisor Hayssen reported that the county passed a resolution approving the increase in water rates from $8.09/thousand to $10.47/thousand gallons of water effective with 2025 third quarter billing.  An increase of $2.38/1000 gallons.  As noted in the counties resolution, their increase is the result from contributing systems and improving the financial status of the County District.  Mr. Hayssen noted that the County is not addressing failing equipment and leaking infrastructure problems and to date have not applied for grant funds to assist in these repairs which will ultimately continue rate increases for the consumers. 

The board noted the increases in costs of operation and maintenance and felt it necessary to increase the water rate an additional 50 cents above the county’s increase of $2.38, resulting in a water rate increase of $2.88 above the current rate of $9.38. 

A motion by Eric Riegel, seconded by James Velie and so carried unanimously to set the water rate for Varick Water District No. 1 at $12.26/1,000 gallons effective with the 2025 third quarter billing period. 

The town will not have the opportunity to notify their consumers prior to this increase due to the County not notifying the town of this increase in a timely manner.

Seneca Lake Water District:  There have been 2 major leaks in the main line and it is felt that it may have had to do with the County’s pressure regulators.  Supervisor Hayssen spoke to Jim Bromka about this matter and then addressed their concerns to the Seneca County board. The county informed Supervisor Hayssen they did not have the funds to have these regulators tested or repaired if necessary that the district at their expense have them tested.  No action was taken at this time. 

Mr. Karlsen reported they are still moving the leak detection loggers down the main line looking for water leaks.  He further reported that due to the increase in sewer and water emergency calls, and the lack of on-call supporting personnel, he would like permission to seek quotes from outside contractors for support in case of an emergency call out and he or Nate would not be available to respond.  He also spoke to having the new highway employee work with the water and sewer department when needed.  The board gave him permission to seek quotes for contractors to complete work on an on-call basis when manpower is needed to complete an emergency repair.  

Jim Bromka sent an email to the board informing them of a water main break on East Lake Road that resulted in a 50 foot geyser of water at 500 gallons per minute shooting up to the electric wires.   That section of East Lake had to be closed due to rocks getting shot up everywhere and so repairs could be made.  He stated that fortunately, Varick has two great employees, Ben and Nate, that know how to handle such a situation and are professions and should be commended. 

Varick Water District No. 3:  Ben Karlsen reported that Fayette Water District 5 have been flushing periodically thousands to upwards of 80,000 gallons of water at a time.   He reminded the board that the construction of Fayette 8 is still underway, and no master meters were put where Fayette 5 and Varick 3 connects to their Fayette 8 district.  With no master meters it will be very difficult to isolate water leaks and assess water loss to the correct districts. It was also noted that when flushing is being performed water pressure drops to Varick residents and concern was expressed if the water tower supplying the water will have adequate water pressure to supply the existing districts with Fayette 8 being added on.  It was also noted that with this added water flow it increases the wear and tear on the main supplying Varick Water District No. 3. 

Mr. McCulloch reminded the board that Supervisor Trout agreed to pay for all water loss.  The water loss is calculated by taking how many gallons of water Varick Water 3 consumers use from the total gallons billed by the county.  The district will draw up an agreement to be signed between Fayette and Varick for this water loss billing. The own attorney will look into drawing up the agreement.  

Mr. Hayssen reported that Seneca County Water rate increase will affect this district and recommended the same rate increase as what was assessed to Varick Water 1.

A motion by Eric Riegel, seconded by James Velie and so carried unanimously to set the water rate

for Varick Water District No. 3 at $12.26/1,000 gallons effective with the 2025 third quarter billing period. 

The town will not have the opportunity to notify their consumers prior to this increase due to the County not notifying the town of this increase in a timely manner.

Water District No. 4:  Completed new services and continuing maintenance on the hydrants and valves. 

Town Clerk’s report:  A motion by Eric Riegel, seconded by James Velie and so carried unanimously to approve the August 2025 Town Clerk’s Report: Supervisor: $190, NYS Ag & Markets: $17, Total Disbursements: $207.

Minutes:  A motion by Eric Riegel, seconded by James Velie and so carried unanimously to approve the minutes of August 5 and August 19, 2025.

Personnel:  Nothing to report.

Assessor:  Nothing to report.

Planning Board:  Review of Zoning Code Revisions:

  1.  Solar Code will be slotted for review under the next revision to the code
  2. Docks & Moorings.  It was noted that the town attorney researched the Army Core of Engineer’s regulations which stated that a municipal code can be more restrictive, but not less than their established code.   Mr. Riegel felt the Core’s regulations are fair and the proposed code revisions are too restrictive.  Mr. Bjorkman stated that the Army Core of Engineer’s code is in place to regulate navigation of waterways and the town’s code is to follow the directive of the Comprehensive Plan. A lengthy discussion was held with varying viewpoints expressed. Mr. Bjorkman concluded this discussion by noting the range of opinions and identifying the objective of the revision is to address the best interest of the residents along the lake. 
  3. Grammer:  Corrections were addressed regarding the title of Code Enforcement Officer and any grammar mistakes
  4. STR:  The reference to the STR clerk was added to the code as instructed by the town attorney.  Cindy Lont briefly reviewed the STR application process which had been previously reviewed at the August 19th meeting.
  5.  Tabled lawn signage for properties that public hearings will be held on. 

The Planning Board will continue to make revisions to the Zoning Code based on discussion held with the Town Board and present at the next board meeting. 

Thomas Bjorkman reported that Amanda Forney at the county had completed a new zoning and flood map and discovered that the boundary between the warehouse and environmental district line don’t meet and a clearer description between the warehouse/industrial and green area will be better defined.   

The town board officially accepted Cindy Lont’s letter of resignation.  This results in two vacant positions on the Planning Board.  The board received letters of interest and/or resume’s from Tanner Lido, Eileen Percevault, and Erik Heitz.  Mrs. Mastellar informed the board that Ronda Dickenson had previously expressed interest in the vacancy as well several months ago.  Tanner Lido attended the meeting and provided some background information about himself.  The board suggested a letter be sent to Ronda Dickenson seeking her continuing interest in the vacant positions.  Appointments to the Planning Board were tabled until further information about the interested parties could be obtained and possible interviews be held prior to any appointments being made.

New Business, Old Business, Correspondence: Seneca County presented the following resolution for the Town’s approval.

RESOLUTION NO. 25-008

A RESOLUTION OF THE TOWN OF VARICK ADOPTING

The 2025 Seneca County Hazard Mitigation Plan

WHEREAS the Town Board recognizes the threat that hazards pose to people and property within Town of Varick; and

WHEREAS the Town of Varick has prepared a multi-hazard mitigation plan, hereby known as 2025 Seneca County Hazard Mitigation Plan in accordance with the Disaster Mitigation Act of 2000; and 

WHEREAS 2025 Seneca County Hazard Mitigation Plan identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in Town of Varick from the impacts of future hazards and disasters; and

WHEREAS adoption by the Town Board demonstrates their commitment to hazard mitigation and achieving the goals outlined in the 2025 Seneca County Hazard Mitigation Plan.

NOW THEREFORE, BE IT RESOLVED BY THE Town of Varick, New York, THAT:

Section 1. In accordance with local rule for adopting resolutions, the Town of Varick Board adopts the 2025 Seneca County Hazard Mitigation Plan. This plan, approved by the community, may be edited or amended after submission for review, but will not require the community to re-adopt any further iterations. This only applies to this specific plan and does not absolve the community from updating the plan in 5 years.

Motion:  Eric Riegel

Seconded:  Richard McCulloch

So Carried Unanimously

ADOPTED by a vote of 5 in favor and 0 against, and 0 abstaining, this 2nd day of September 2025. 

A motion by Eric, seconded by Richard McCulloch and so carried unanimously to enter into executive session to discuss personal issues and invited Ben Freier, Ben Karlsen, Town Attorney, and Town Clerk to attend at 9:10 p.m.

A motion by Robert Hayssen, seconded by James Velie and so carried unanimously to come out of executive session at 9:45 p.m.

A motion by Robert Hayssen, seconded by Eric Riegel and so carried to adjourn the meeting at 9:45 p.m.

Roll call:

Robert Hayssen           Yes

Richard McCulloch     No

Tom Fox                      No

James Vellie                No

Eric Riegel                  Yes

Yes – 2  No -3

The meeting remained open. 

Mr. Fox felt Tanner Lido should be appointed to the Planning Board.  Mr. Hayssen, Mr. McCulloch and Mr. Riegel wanted the opportunity to receive further information from the other applicants, obtain a resume from Mr. Lido and give Rhonda Dickenson the opportunity to apply, if still interested, prior to any appointments being made.  A discussion was held regarding getting input from the Planning Board on these appointments as well. 

A motion by Richard McCulloch, seconded by Eric Rieigel and so carried to table appointments to the Planning Board for further consideration.

Roll Call:

Robert Hayssen           Yes

Richard McCulloch     Yes

Tom Fox                      No

James Velie                No

Eric Riegel                  Yes

Yes-3  No-2

So Carried

A motion by Robert Hayssen, seconded by Richard McCulloch and so carried unanimously to adjourn the meeting at 9:50 p.m.

                                                                        Respectfully submitted,

                                                                        Donna Karlsen

                                                                        Varick Town Clerk    

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