August 6, 2024
The regular meeting of the Varick Town Board was called to order by Supervisor Robert Hayssen at 7:01. Present at this meeting were councilmen Richard McCulloch, Tom Fox, Jim Velie, and Eric Riegel, Town Clerk, Donna Karlsen, Bookkeeper, Angela Testa, Highway Superintendent, Ben Freier, Water/Sewer Operator, Ben Karlsen, Attorney for the Town, Ryan Stebbins, Assessor, Anne Morgan and Planning Board member, Cindy Lont. Also present were Miles Persing and John Saeli.
Public Hearing: A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to call the public hearing on Local Law No. 1 of 2024 Establishing a Moratorium Temporarily Prohibiting Consideration of Application for Approval of Major Subdivisions in the Town of Varick at 7:03 p.m.
Mr. Hayssen asked for any comments from the floor. There were none and he asked for a motion to close the public hearing.
A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to close the public hearing on Local Law No. 1 of 2024 Establishing a Moratorium Temporarily Prohibiting Consideration of Application for Approval of Major Subdivisions at 7:05 p.m.
Petitioners to Address the Board: John Saeli presented to the board pictures of the ditch along Route 336 in the area of Secor Road. He reported that the poor drainage of this ditch is impacting his field drain lines and stated that it is also affecting Secor Road which is owned by the Town. He noted the different entities he has discussed this issue with and requested the Town Board send a letter to State DOT on the Town’s behalf requesting ditching be completed on State Route 336 as the drainage is affecting Secor Road, in hopes that it will assist him in his request to the state. Highway Superintendent Ben Freier reported that the drainage from State Route 336 does not have any impact on Secor Road and he has discussed this with Mr. Saeli and noted that it has more to do with the location of his drain lines in the State Route 336 ditch. The board was agreeable to directing the town attorney to write a letter acknowledging Mr. Saeli’s attendance at this meeting and his concerns expressed to the board regarding the ditch on State Route 336 in which his field drain lines empty into. Mr. Saeli will provide names and addresses as to where he would like this letter to be sent and he will be carbon copied in these letters.
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to direct the town attorney to draft a letter for Supervisor Hayssen’s signature noting Mr. Saeli’s attendance at the August 6, 2024 meeting and his request for ditching of State Route 336 in the area of Secor Road.
Abstract: A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to approve Abstract No. 8, Vouchers No. 213 to Voucher No. 259 in the amount of $67,912.11.
Highway: Mr. Freier reported that they completed the installation of the culvert pipe on Yale Farm Road. His plan is to oil and stone McGrane Road at a cost of $19,000/$20,000 per mile. He also reported that he received notification that the Town will receive $1.2 million in grant funds to fix the culvert at McDuffey Town Road. Seneca County will take over this project and fund the initial costs which will be reimbursed by the grant funds once the costs are expended. Barton and Loguidice did the preliminary engineering for this project, and he will seek further guidance from them. The most the town will be charged, if the cost of the projects exceeds the state funding of $1.2 million, is $50,000 and he will budget this through CHIPS if necessary.
Mr. Hayssen would like to see new road signage through the town. Mr. Freier stated he is replacing the stop signs with Seneca County Highway demartment’s assistance and will work with them for road signage as well. He noted the high cost of the signs and the availability of the discounted rate if purchased through the county.
Supervisor’s Report: A motion by Eric Riegel, seconded by Jim Velie and so carried unanimously to approve the June 2024 Monthly Report of the Supervisor.
Code: No report submitted. Mr. Fox would like a detailed monthly report submitted. Mr. Hayssen will discuss this request with the code enforcement officer, Tim Dorn.
Water/Sewer Supervisor’s Report: July 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
· Ordered parts for upcoming projects
· Did water turn-on’s as needed
· Worked on lead and copper inventory
· Ordered THM and Haa5 bottles
· Folded and sent out bills
· Reviewed water meter with possible malfunctions
· Went to Siewert equipment to pick up more parts for rebuilding pumps
· Replaced faulty check valve in sewer 2
· Top soiled and re seeded lawns due to excavation
· Dispatched and activated loggers to help locate any possible leak in water districts
· Received and reviewed two water quotes for possible upcoming connections
· Cleaned truck and shop out
· Located a service line leak under home In Seneca Lake water district
· Received information and contact for generators for sewer 1
· Sent out letters for last few meter change outs
· Reviewed all of Fayette 5 meters and submitted a list of meters that need to be changed
Varick Sewer District No. 1: Mr. Karlsen has discussed with the Town of Romulus purchasing two stationary generators to be used on the two pump stations shared by both towns. The cost would be split by percentage as dictated by the agreement. He reported that they were able to get one of the two old generators running for this district and noted that at the very worst the purchase of 1 stationary generator would be beneficial. He will follow up further with the Town of Romulus regarding this purchase.
Varick Sewer District No. 2: Mr. Karlsen reported that they have rebuilt 10 grinder pumps, saving an estimated $1,500 to $2,000 by rebuilding them in-house. He reported that the technology on the newer pumps makes the repairs easier.
Proposed Capital Project Varick Sewer District No. 3 & 4: Mr. Hayssen reported that the WQIP funding application was submitted July 30th. He also noted that Hunt Engineering’s proposal for engineering service will not be entertained until further quotes are obtained.
Varick Water District No. 1: The department is working with the Town of Romulus using the new leak detection system to identify leaks.
Seneca Lake Water District: The department has one inoperable meter that needs to be changed as of this meeting, however, the owner is not cooperating with the department to get into the residence to make this change. Their water usage is being billed on an estimated basis. The department will be renting a Vac truck to assist in repairing bolts and valves.
Water District No. 3: Mr. Karlsen reported that he met with the contractor working on Fayette Water District No. 8 who reported that Fayette wants to bore under State Route 336 from Yost Road to connect into the Town of Varick Water District No. 3 water line. Mr. Karlsen stated that if the board allows this, he recommends a master meter be required. He also recommended that master meters be put in at Leader Road, Yost Road, Poorman Road and McDougal Road for accountability. The board wants to meet with Fayette’s engineer prior to any connections being permitted at State Route 336 water line in the Town of Varick.
Mr. Karlsen reported that they read Fayette Water District No. 5 for the first time and have provided the Town of Fayette Water Department with a list of property owners whose meters need to be replaced by the end of September. According to Fayette, they have started working on these replacements.
Varick Water District No. 4: The water consumption is down for this district as the result of identifying a water leak.
Town Clerk’s Report: Mrs. Karlsen presented a proposal from Official Asphalt of NY for paving the town highway parking lot in front of the town hall and new building to the road and the back portion of the driveway behind the new building in the amount of $9,000. The board felt this was a fair price, but suggested we obtain a quote from Seneca Stone who has the state bid.
A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to approve the Town Clerk’s July 2024 report: Supervisor; $275,000, NYS Ag & Markets; $8 Total Disbursements; $283.
Minutes: A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to approve the minutes of July 2, 2024.
Personnel: Mr. McCulloch reported that the Summer Recreation Program is completed and went very well. He will ask for a written summary of the program from the director.
Assessor: Anne Morgan reported that she has been completing field work, updating files, and the file will go to the county August 15th in preparation for school tax bills.
She presented a Local Law Filing from Seneca County adopting a Real Property Tax Exemption for Cold War Veterans Pursuant to Real Property Tax Law §458-B. She noted that this exemption will affect those who served from 1945 to 1991 and if the town board chooses to adopt said law it will not go into effect until the 2026 Town and County Tax bill. She reported that she will work with the town attorney to write the law and noted that the Village and Town of Ovid has approved adoption of this law. She will be presenting this law to the Town of Romulus at their next meeting.
Code Enforcement Officer: Mr. Fox suggested the code enforcement officer present a report once a month. Mr. Hayssen will discuss this option with the code enforcement officer, Tim Dorn.
Planning Board: Cindy Lont presented a lot line adjustment application for attorney and town board approval. The town attorney and town board reviewed and approved said application. She also noted that LaBella has drawn up a draft for major subdivision guidelines but didn’t have them completed in time for the Planning Board’s last meeting for their review. The attorney for the town will address Ms. Lont’s questions regarding the steps to be taken when there is an STR violation.
The following adopting resolution was presented to the board for passage of Local Law No. 1 of 2024:
Resolution: 24-009
ADOPTING TOWN OF VARICK LOCAL LAW NO. 1 OF 2024
ESTABLISHING A MORATORIUM TEMPORARILY PROHIBITING CONSIDERATION OF APPLICATIONS FOR APPROVAL OF MAJOR SUBDIVISIONS IN THE TOWN OF VARICK.
WHEREAS, to provide for more efficient and effective regulation of the town’s zoning requirements and to meet changing needs within the town’s various zoned districts, the Varick Town Board found it advisable to consider adoption of a moratorium temporarily prohibiting consideration of applications for approval of major subdivisions, and
WHEREAS local law 24- 001, “a Local Law Establishing a Moratorium Temporarily Prohibiting Consideration of Major Subdivision Applications in the Town of Varick”, was introduced before the Varick Town Board at its July 2, 2024, meeting, and
WHEREAS the Town Board scheduled a public hearing concerning the proposed local law to held at the Town Offices at 4782 Route 96, Romulus, New York 14541, in the Town of Varick on August 6, 2024 at 7:00 P.M. and
WHEREAS, the Town Clerk laid a copy of the local law upon the desk of each member of the Town Board on July 2, 2024, and
WHEREAS, upon completion of the public hearing on August 6, 2024, the Town Board took up consideration of the proposed local law,
NOW, THEREFORE, it is hereby
RESOLVED that adoption of a local law establishing a moratorium is a type II Action under the State Environment Quality Review Act, 6 NYCRR 617.7 subd C 36, and it is further,
RESOLVED, that Local Law No. 1 of 2024 in the form attached to this resolution be and the same hereby is adopted.
Motion to Adopt by Eric Riegel; Seconded by Richard McCulloch So Carried Unanimously
Roll Call Aye Nay
Robert Hayssen X
Eric Riegel X
Thomas Fox X
James Velie X
Richard McCulloch X
Comprehensive Plan Update: The attorney for the town drafted a resolution establishing a steering committee to update the town’s current comprehensive plan as follows:
TOWN OF VARICK RESOLUTION 24-010
ESTABLISHING 2024 COMPREHENSIVE PLAN STEERING COMMITTEE
WHEREAS, Town Law section 272-a authorizes the Town of Varick to adopt a Comprehensive Plan for the immediate and long-range protection, enhancement, growth and development of the town, and
WHEREAS, the Towns of Fayette and Varick adopted a Joint Comprehensive Plan in 2005-2006,
WHEREAS, the 2005-2006 Joint Comprehensive Plan contemplated regular review and updates of the Joint Comprehensive Plan, and
WHEREAS, THE 2005-2006 Joint Comprehensive Plan has not been reviewed or updated since its adoption, and
WHEREAS, the Town of Fayette has initiated an independent review and update of the 2005-2006 Joint Comprehensive Plan insofar as it applies to the Town of Fayette, and
WHEREAS, at its July 2024 Town Board meeting, the Varick Town Board directed the Town Attorney to initiate the process of reviewing and updating the Town of Varick 2005-2006 Joint Comprehensive Plan.
NOW THEREFORE BE IT:
RESOLVED, that pursuant to Town Law Section 272-a subdivision 4, the Varick Town Board creates the Town of Varick 2024 Comprehensive Plan Steering Committee, hereinafter referred to as “the Steering Committee”, for the purpose of reviewing and updating the Town of Varick 2005-2006 Joint Comprehensive Plan, and it is further,
RESOLVED, that the Steering Committee shall consist of 9 members, to be appointed by and serving at the pleasure of the Varick Town Board, including one or more members of the Town planning board and such other individuals that represent relevant interests identified by the Town Board, and it is further
RESOLVED, that the Steering Committee shall meet immediately, select a chairperson and commence the duties assigned to it by Town Law Section 272-a, and it is further,
RESOLVED, that within 45 days of appointment and qualification of its members, the Steering Committee shall identify areas of concern to be addressed in the updated Comprehensive Plan, including, but not limited to the issues set forth in Town Law section 272-a subdivision 3m and it is further,
RESOLVED, that the Steering Committee shall assist the Town Board in the process of formulating a request for proposals from qualified consultants to assist the development of the updated Comprehensive Plan that will address said areas of concern.
Motion: Tom Fox
Seconded: Jame Velie
So Carried Unanimously
Dated: August 6, 2024
It was noted that the town board would like to have representatives from all areas of the town in addition to representatives from the Town Board, Planning Board, and Zoning Board. The board would like to advertise for members for this steering committee along with any vacancies on the Planning Board and Zoning Board of appeals. Town Assessor, Anne Morgan offered her services with the provision of any information they require in the development of this updated Comprehensive Plan.
Dog Control Officer: Bryan McCann provided the board with his January through July dog control report as follows:
This is my year-to-date report. There has not been much to report so far this year.
January- Nothing to report
February- Call from a subject on Fayette Varick Townline Rd about their dog that went missing, dog found next day. I was in contact with Beverly’s about a missing dog. They had taken a report for near Leader RD. late February –dog was located.
March – 16th Called about two German Shepherds running around RT 96A by Hahnel RD. Owners notified and they were able to get the dogs back after a little while chasing them.
30th Called about a Dog living in a child’s playhouse outside in the weather per Law enforcement the dog is healthy and happy no further needed to be done.
April – nothing to report
May – Barking dog / neighbor complaint on Route 96. Speaking with both parties via phone, to date there have been no further issues.
Also, in May I was contacted about a dog that was hanging around a house on Willers Rd while doing some investigations the Owner was identified, and I assisted the owner with getting their dog back that had ran away two days prior.
June – contacted by a couple people about some questions regarding the dog ordinance regarding dogs being allowed to poop in the roadway. I also had some calls about dogs that had run away just to see if I had any information about them.
July – Nothing to report.
New Business, Old Business, Correspondence:
The Town Attorney reviewed Beverly Animal Shelter Inc. proposed Agreement between the Town of Varick, New York and Beverly Animal Shelter, Inc, Water, NY along with the Memorandum of Understanding (MOU) and found it to be acceptable and recommended the board direct Supervisor Hayssen to sign the agreement.
A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to enter into the Beverly Animal Shelter Inc. proposed Agreement between the Town of Varick, New York and Beverly Animal Shelter, Inc, Water, NY along with the Memorandum of Understanding (MOU) and authorize Supervisor Hayssen to sign and return the agreement.
Robin Blair submitted a letter of interest for a position on the Zoning Board of Appeals. Currently there are no vacancies on this board.
A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to adjourn the meeting at 8:45 p.m.
Respectfully submitted,
Donna Karlsen
Varick Town Clerk