October 7, 2025
The regular meeting of the Varick Town Board was called to order by Supervisor Hayssen at 7:00 p.m. Present at this meeting were Councilmen Richard McCulloch, Tom Fox, James Velie and Eric Riegel, Highway Superintendent, Ben Freier, Town Clerk, Donna Karlsen, Bookkeeper, Angela Testa, Attorney for the Town, Emil Bove, Assessor, Anne Morgan, Planning Board, Linda Mastellar, Summer Recreation Director, Ashley Chambers. Also present were M. J. Persing Jr., Rachelle Bateman and Megan Chambers.
Petitioners to Address the Board: None.
Abstract: Mrs. Karlsen reminded the board that they chose to withhold payment of an MRB invoice at the September meeting to allow Mary Chappell to research the accuracy of the bill and to discuss the time being charged for redoing work as the result of their errors. Supervisor Hayssen reported that he had not had any further discussion regarding this matter to date with Ms. Chappell. Mrs. Karlsen reported that MRB has since submitted further billing resulting in a total amount due to $10,778.75. The board recommended these bills be paid with a discussion regarding the town’s concerns be held with MRB.
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to approve payment to MRB in the amount of $10,778.75.
Mrs. Karlsen reported that the Town of Romulus submitted a bill to Varick Water District No. 1 reflecting their incorrect billing for water usage for 3rd and 4th quarters of 2024 and 1st and 2nd quarters of 2025. Mrs. Testa reported that there was a lack of communication, and the Town of Romulus billing department was not aware that the County rate had been increased to $8.09 beginning with the 3rd quarter of 2024. Mr. Riegel questioned if the Town of Romulus had rebilled their consumers for this error and was informed there was no plan to do so as of this date. Supervisor Hayssen noted that the 2024 books were closed at the beginning of the year and any payments for 2024 bills would affect the 2025 budget. He noted that the board keeps the previous year’s books open allowing a reasonable amount of time for billing from the previous year to be processed. Once the books have been closed the board in the past has denied payment of bills, especially if the bill is resulting from a vendor error. Supervisor Hayssen did recommend the amounts for the 1st and 2nd quarter of 2025 be paid as these are amounts that have been budgeted for in 2025 and will be paid from this physical year budget. Mr. Fox did not believe the district should be responsible for paying for any portion of the submitted bill.
A motion by Richard McCulloch, seconded by James Velie and so carried to pay a portion of the Town of Romulus Invoice No.SC-003A for the 1st and 2nd quarter of 2025 reflecting the difference from the Seneca County rate increase from $7.43 to $8.09 and to deny payment of the 1st and 2nd quarter of 2024.
Roll Call:
Robert Hayssen Yes
Richard McCulloch Yes
Tom Fox No
James Velie Yes
Eric Riegel Yes
So carried Yes: 4 No: 1
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to approve Abstract No. 10, Vouchers 276 to 320 in the amount of $77,222.24.
Summer Recreation Program: Ashley Chambers provided the board with a printed presentation outlining the 2025 program. The presentation included staffing, participant numbers, program structure, program challenges that turned into success, program summary and a look forward to the program’s future. In summation Mrs. Chambers expressed her enjoyment the last three years as director and informed the board that she has taken on a new position and will have to resign her position as director of the program and submitted a letter of resignation. She has put out feelers for her replacement which Mr. McCulloch will follow up on. Mr. McCulloch thanked her for her outstanding service as director and the board regretfully accepted her resignation.
Highway: Mr. Freier reported that the cross-over pipe was patched and he is looking at widening Deal Road as much as possible and completing resurfacing. He requested an executive session for later in the meeting to discuss personnel issues.
Judge: No written report. Mr. Fox questioned if an audit should be completed prior to the current judge leaving office and the newly elected judge coming into office. Eric Riegel will speak with the county or 7th Judicial for their recommendation.
Supervisor’s Report: A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to approve the Monthly Report of the Supervisor for the month of August 2025
2026 Tentative Budget: The board reviewed the 2026 tentative budgets expense and income lines. Supervisor Hayssen noted that he did not include any raises and after some discussion the board requested that a 3% raise be given and be added to the appropriate expense lines with the use of the designated fund balances to cover the increase in cost to each affected budget. It was noted that the 2026 budget does exceed the 2% tax cap, and a local law will need to be passed after a public hearing is held to exceed this amount.
A motion by Eric Riegel, seconded by James Velie and so carried unanimously to approve the following changes, alterations and revisions to the 2026 Tentative Budget:
- Add 3% raises to all appropriate expense lines
- Benjamin Freier raise reduced from 5% to 3% to match overall raises given
- Anticipated Social Security amount
- Anticipated Medicare amount
- Anticipated Workers Comp
- Fayette Fire District (waiting for public hearing to be held to finalize amount)
- Highway Equipment line increases to $235,000 to cover expenses for purchased equipment due to be delivered in 2026
- Anne Morgan Contract amount: $22,130.
Resolution No.: 25-008
A RESOLUTION TO INTRODUCE
LOCAL LAW NO. 1 OF THE YEAR 2025 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 5th day of November 2025; 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: Eric Riegel
Second: Richard McCulloch
So Carried Unanimously
Dated: October 7, 2025
A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to move with changes, alterations and revisions the 2026 Tentative Budget to the 2026 Preliminary Budget and to hold a public hearing before the Varick Town Board on November 5, 2025 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.
Code Enforcement: No report.
Water/Sewer Operator’s Report: September 2025
· Marked Out Dig Tickets as requested
· Called in Dig tickets for upcoming jobs
· 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
· Serviced and exercised hydrants in District 3
· Leak detection in Varick #1
· Top soiled yards from water leaks and cleaned up debris
· Got quotes together for upcoming water services
· Did inventory for parts
· Built sewer adapters
· Rebuilt sewer pumps
· Cleaned tools up from water main breaks
· Quarterly meter reading
· Continuing to gather info on generators for sewer 1
· Checked out leak at county water tower
· Installed new motor for bubbler at pump station
· Accepted quote for rebuild of pump for sewer 2
· Water turn offs as needed
· Gathered things for auction through auctions international
· Organized and cleaned shop and truck
Varick Sewer District No. 1: Nothing further to report.
Varick Sewer District No. 2: Fleet Pumps & Service submitted a quote to repair Flygt model 3127.060-2030223 pump with 11 HP 230-volt/3 phase/60Hzz in the amount of $7,035.
A motion by Richard McCulloch, seconded by Jame Velie and so carried unanimously to authorize Fleet Pumps & Service to repair Flygt model 3127.060-2030223 pump with 11 HP 230-volt/3 phase/60Hzz in the amount of $7,035.
A motion by Eric Riegel, seconded by Richard McCulloch and so carried unanimously to raise the Operation and Maintenance fee for Varick Sewer District No. 2 to $80 per quarter beginning with the 2025 3rd quarter billing.
Proposed Capital Project Sewer District No. 4: A discussion with MRB will be held regarding accuracy of the work being submitted and being billed for.
Varick Water District No. 1: A motion by Eric Riegel, seconded by James Velie to raise the Operation and Maintenance fee per quarter to $50 to Varick Water District No. 1 beginning with the 2025 3rd quarter billing.
Seneca Lake Water District: Nothing further to report.
Water District No. 3: A motion by Eric Riegel, seconded by James Velie and so carried unanimously to raise Varick Water District No. 3 Operation and Maintenance fee to $60 with a 5,000 gallon minimum effective with the 2025 3rd quarter billing.
Water District No. 4: Nothing further to report.
Town Clerk: A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to approve the September 2025 Town Clerk’s Report: Supervisor: $90, NYS Ag & Markets: $4, Total Disbursements: $94.
Minutes: A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to approve the minutes of September 2, 2025.
Assessor: The assessor provided the following report.
July/August 2025
- Final Roll was filed July 1.
- Deeds are current to June 1, 2025.
- Staff from Batavia (NYS office of real property) were here to update our file and allow me to begin processing for 2026.
- I have started preparing for 2026 exemptions (to be mailed in January) this includes copies, label and envelopes.
- Still doing summer driving/field work, as long as the weather allows!
September Report:
- School tax bills kept the office very busy: many questions about STAR, address changes and getting copies of the bills.
- 3 apportionments (to divide tax bills) were completed.
- Bank codes and address changes are being added to the file as they arrive.
- Sales also are being added as they arrive.
- work continues getting annual exemptions ready (for 2026).
Mrs. Morgan requested an executive session regarding a legal matter at the end of the meeting.
Planning Board: Linda Mastellar reported that the Planning Board is still working on the Zoning Code. She asked a representative from the Town Board to attend their meetings while reviewing these codes to represent the town board’s views. Richard McCulloch stated he would be willing to be that representative and would coordinate meeting times with Linda Mastellar. The Planning board is also looking at side setbacks and reducing it from 15’ to 10’ on narrow, small lots.
The two vacant positions on the Planning Board and the need to hire an STR secretary were discussed. It was noted that there are 4 potential candidates for the Planning Board with one candidate interested in the STR position. It was recommended by the town attorney that the STR position not be filled with a Planning Board member. Mrs. Mastellar will follow up with Rhonda Dickenson to see if she is still interested in being a Planning Board member and/or the STR secretary. No action was taken at this time to fill the vacancies.
New Business, Old Business, Correspondence:
Mr. Fox presented a resolution in support of Congressman Nick Langworth’s energy choice act (H.R. 3699, S. 1945) and in opposition to the Government-mandated natural gas bans. He asked the board to consider passing this resolution.
RESOLUTION 25-010
A RESOLUTION IN SUPPORT OF CONGRESSMAN NICK LANGWORTHY’S ENERGY CHOICE ACT (H.R. 3699, S. 1945) AND IN OPPOSITION TO GOVERNMENT-MANDATED NATURAL GAS BANS
WHEREAS, affordable and reliable energy is essential to the health, safety, and economic prosperity of New York families, businesses, and communities; and
WHEREAS, natural gas remains a dependable, cost-effective, and clean-burning energy source used by millions of New Yorkers to heat their homes, cook their food, and power their businesses; and
WHEREAS, in 2019, New York State enacted the Climate Leadership and Community Protection Act (CLCPA), which mandates aggressive emissions reductions and serves as the foundation for sweeping energy restrictions, including efforts to phase out natural gas; and
WHEREAS, building on the CLCPA, Governor Kathy Hochul and the New York State Legislature in 2023 enacted provisions in the state budget banning natural gas and other fossil fuel hookups in most new residential and commercial buildings, effective 2026 for smaller buildings, and 2029 for larger buildings, thereby eliminating consumer choice and limiting access to affordable energy; and
WHEREAS, Governor Hochul has publicly supported these bans and related measures as part of her administration’s climate and energy agenda, despite widespread concerns that such mandates will increase costs, strain grid reliability, and restrict energy diversity; and
WHEREAS, these top-down policies undermine affordability, threaten reliability during peak demand, and strip away the freedom of consumers and businesses to choose the energy sources that best meet their needs; and
WHEREAS, Congressman Nick Langworthy of New York and Senator Jim Justice of West Virginia introduced the Energy Choice Act (H.R. 3699, S. 1945), federal legislation that ensures state and local governments cannot restrict consumer access to natural gas and other affordable energy sources, thereby protecting freedom of choice for New Yorkers and all Americans; and
WHEREAS, the Energy Choice Act would safeguard households, small businesses, hospitals, farmers, and manufacturers from harmful government overreach and preserve access to an “all-of-the-above” energy strategy that strengthens reliability and affordability;
NOW, THEREFORE, BE IT RESOLVED, that the Town of Varick Board strongly supports the Energy Choice Act as introduced by Congressman Langworthy (H.R. 3699) and Senator Justice (S. 1945) and stands firmly opposed to New York State’s natural gas bans, the CLCPA-driven restrictions, and other state energy mandates that eliminate consumer choice; and
BE IT FURTHER RESOLVED, that the Town of Varick Board urges Congress to pass the Energy Choice Act to defend consumer choice, protect energy affordability, and preserve reliable access to natural gas for New Yorkers; and
BE IT FURTHER RESOLVED, that copies of this resolution be sent to Congressman Nick Langworthy, Senator Jim Justice, the New York Congressional delegation, Senators Chuck Schumer and Kirsten Gillibrand, Governor Kathy Hochul, and leadership of the New York State Legislature.
Motion by: Tom Fox
Seconded by: Richard McCulloch
So Carried Unanimously
Dated: October 7, 2025
The board received a letter from Beverly Animal Shelter, Inc. informing them that due to the unanticipated structural change to the Beverly Animal Shelter, and due to an updated Agriculture and Markes Law effective December 15, 2025 housing of your dogs will no longer be provided after December 31, 2025.
Mrs. Testa reported that Romulus’ dog control officer is looking into developing a facility to hold the dogs, not shelter them forever until something better can be arranged.
Deputy Highway and Deputy Town Clerk Local Law: The board had requested the town attorney look into a local law that would supersede town law to provide for residency of the town deputy highway and deputy town clerk and provide a resolution for adoption of said law.
Resolution: 25-009
A RESOLUTION TO INTRODUCE
VARICK LOCAL LAW NO. 2025-2
LOCAL LAW SUPERSEDING SECTION 23 SUBDIVISION 1 OF THE TOWN LAW TO PROVIDE FOR RESIDENCY OF THE TOWN DEPUTY HIGHWAY SUPERINTENDENT AND DEPUTY TOWN CLERK.
WHEREAS, the Town of Varick is currently seeking applications to fill the vacant positions of Deputy Town Highway Superintendent and Deputy Town Clerk, and
WHEREAS, Section 23 subdivision 1 of the Town Law requires all town officers, including the Deputy Town Highway Superintendent and Deputy Town Clerk, to reside within the Town of Varick,
WHEREAS, the Town Board wishes to broaden the field of applicants, and
WHEREAS, section 10 of the Municipal Home Rule Law authorizes the Town Board to adopt a local law which amends or supersedes any provision of the Town Law in relation to the property, affairs or government of the Town or in relation to any of the enumerated subject matters in such section 10, unless there is a state legislative restriction on such amendment or supersession, and
WHEREAS, The Varick Town Board wishes to adopt a local law amending and superseding Section 23 subdivision 1 of the Town Law to permit the Deputy Town Highway Superintendent and Deputy Town Clerk to reside in Seneca County or in a county adjoining Seneca County within the State of New York, and
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WHEREAS, due deliberation has been had thereon.
Now, Therefore, be it
RESOLVED, that local law 2025-2 “a Local Law amending and superseding Section 23 subdivision 1 of the Town Law to allow the Deputy Town Highway Superintendent and Deputy Town Clerk to reside in Seneca County or in a county adjoining Seneca County within the State of New York”, is introduced hereby before the Varick Town Board, to read substantially as provided in the attached Exhibit A, and it is further
RESOLVED, that the Town Clerk provide a copy of the proposed local law to each of the member of the Town Board no less than ten days before its enactment by the Board, and be it further
RESOLVED, that the Town Clerk give due notice of the public hearing to be held concerning the proposed local law pursuant to the Municipal Home Rule Law, such public hearing to be held at the Town Offices at 4782 Route 96, Romulus, New York 14541, in the Town of Varick on November 5, 2025 at 7:00 P.M.
EXHIBIT A
Local Law No. 2 of 2025
LOCAL LAW SUPERSEDING SECTION 23 SUBDIVISION 1 OF THE TOWN LAW TO PROVIDE FOR RESIDENCY OF THE TOWN DEPUTY HIGHWAY SUPERINTENDENT AND DEPUTY TOWN CLERK
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF VARICK AS FOLLOWS:
Section 1. This Local Law is enacted pursuant to the authority of section 10 of the Municipal Home Rule Law, which authorizes the Town Board to adopt a local law which amends or supersedes any provision of the Town Law in relation to the property, affairs or government of the Town or in relation to any of the enumerated subject matters in such section 10, unless there is a state legislative restriction on such amendment or supersession.
Section 2. Section 23 subdivision 1 of the Town Law is amended and superseded to permit the Varick Deputy Town Highway Superintendent and Varick Deputy Town Clerk to reside in Seneca County or in a county adjoining Seneca County within the State of New York.
Section 3. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid or otherwise unenforceable, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 4. This local law shall take effect twenty (20) days after it is filed with the New York Secretary of State as provided in section 27 of the New York State Municipal Home Rule Law.
Motion: Richard McCulloch
Seconded by Eric Riegel
So Carried Unanimously
Water Repayment Agreement (Water 1 and Water 3) with Seneca County: Supervisor Hayssen presented the following Water Repayment Agreement for Varick Water District No. 1 and Varick Water District No. 3. The attorney reviewed the submitted agreement and felt the following items should be included:
- Completion of payments as set forth above (arrears from 2023 and prior) will be in complete satisfaction of all billing issues among the parties as of September 30, 2025.
- The entire withheld Surplus Sales Tax Revenue due the Town of Varick pursuant to Seneca County Local law 2023-9 shall be paid to Varick within thirty (30) days of the execution of this Agreement by the Town and County.
The board agreed and offered the following motion:
A motion by Richard McCulloch, seconded by Eric Riegel and so carried unanimously to have the Supervisor and Town Clerk work with the Town Attorney to add the above referenced directives to the proposed Water Repayment Agreement and direct Supervisor Hayssen to sign the amended Water Repayment Agreement for Chairman of the Board, Michael Enslow’s signature.
Supervisor Hayssen said once he has the agreement signed by Michael Enslow, he will exchange the Town of Varick’s first payment for the check owed to the Town of Varick by the county.
WATER REPAYMENT AGREEMENT
Town of Varick/Seneca County Water District
It is agreed by and among the parties, to wit: Seneca County/Seneca County Water District No.,1 (collectively, the “County District”) the Town of Varick/Water District, that to address billing and metering issues, the parties agree as follows:
- For several years, there were discrepancies in the amount of water passing though the metered system from the County District to the Town of Varick Water District and then to the Town of Fayette Water District No. 5.
2)As agreed at the special Water Sewer Committee meeting held on January 16, 2024, the Finance Department, after reviewing multiple years records, determined that the adjusted amount of money due the County District from Fayette/Varick was $84,041.00 as noted in February 13, 2024, correspondence from Director of Finance to the Fayette and Varick Town Supervisors. This amount is split for billing purposes as follows: 42% to Varick ($35,297.22-Account number I344B) and 58% to Fayette ($48,743.78).
3)The total past due balance for account number I312 as noted in February 13, 2024, correspondence from Director of Finance to the Romulus and Varick Town Supervisors was $79,158.19. This amount is split for billing purposes as follows: 45% to Varick ($35,621.19-Account number I312B) and 55% to Romulus ($43,537.00).
4)Varick shall pay to the County District $ 3,545.92 per calendar quarter for 19 quarterly payments, commencing on September 1, 2025, and ending July 31, 2030, and final payment due August 1, 2030, of $3,545.93, with payments totaling $70,918.41 ($35,297.22-Account number I344B & $35,621.19-Account number I312B).
5)Completion of payments as set forth above (arrears from 2023 and prior) will be in complete satisfaction of all billing issues among the parties as of September 30, 2025.
SENECA COUNTY WATER DISTRICT No. 1 TOWN OF VARICK
_______________________________________ ____________________
Chairman of the Board, Michael Enslow Town Supervisor, Robert Hayssen
____________________ __________________
Date Signed Date Signed
A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to enter into executive session to address possible litigation and personnel issues and invited the Town Clerk, Town Assessor, Town Highways Superintendent, and Town Attorney to attend at 8:30 p.m.
A motion by Richard McCulloch, seconded by James Velie and so carried unanimously to come out of executive session at 9:15.
A motion by Richard McCulloch, seconded by James Velie and so carried to move the date of the regular meeting of the Varick Town Board to November 5, 2025, due to elections being held on November 4th.
A motion by Eric Riegel, seconded by James Velie and so carried unanimously to adjourn the meeting at 9:45 p.m.
Respectfully submitted,
Donna Karlsen
Varick Town Clerk