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 and Tom Fox, Town Clerk, Donna Karlsen, Bookkeeper, Angela Testa, Water Operator, Ben Karlsen, Highway Superintendent, Ben Freier, Attorney for the Town, Emil Bove and Planning Board Chairperson, Linda Mastellar. Also present was Erik Heitz. Absent: Councilmen James Velie and Eric Riegel.
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to open the public hearing on Local Law No. 1 of 2025 A Law to Override the Tax Levy Limit Established in General Municipal Law at 7:03 p.m.
No comments were offered.
A motion by Richard McCulloch seconded by Tom Fox and so carried unanimously to close the public hearing on Local Law No. of 2025 A Law to Override the Tax Levy Limit Established in General Municipal Law at 7:04 p.m.
A motion by Tom Fox, seconded by Richard McCulloch and so carried unanimously to open the public hearing on Local Law No. 2 of 2025 A Local Law Superseding Section 23, Subdivision 1 of the Town Local Law to Provide for Residency of the Town Deputy Highway Superintendent and Deputy Town Clerk at 7:04 p.m.
No comments were offered.
A motion by Tom Fox, seconded by Richard McCulloch and so carried unanimously to close the public hearing on Local Law No. 2 of 2025 A Local Law Superseding Section 23, Subdivision 1 of the Town Local Law to Provide for Residency of the Town Deputy Highway Superintendent and Deputy Town Clerk at 7:05 p.m.
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to open the public hearing on the Town of Varick 2026 Preliminary Budget on the proposed General Fund Budget, Highway Fund Budget, Water District Budgets, Sewer District Budgets, Special District Fund Budgets, to adopt the following fire protection units: Varick/Romulus, Varick, and Varick/Fayette at 7:06 p.m.
No Comments were offered.
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to close the public hearing on the Town of Varick 2026 Preliminary Budget on the proposed General Fund Budget, Highway Fund Budget, Water District Budgets, Sewer District Budgets, Special District Fund Budgets, to adopt the following fire protection units: Varick/Romulus, Varick, and Varick/Fayette at 7:07 p.m.
Privilege of the Floor: None.
Abstract: A motion by Richard McCulloch seconded by Tom Fox and so carried unanimously to approve Abstract No. 11, Vouchers 321 to Voucher 354 in the amount of $39,492.75.
Highway: Mr. Freier reported that he has an interview with one individual to replace the vacant position in his department due to the retirement of Kris Karlsen. Mrs. Testa reported that the Seneca County personnel office reported that the Town of Varick does not have an HMO Heavy position created for the town and she will contact the personnel office to build said position.
Judge: No Report.
Supervisor Report: A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to approve the September 2025 Monthly Report of the Supervisor.
The following resolution was presented and approved to override the tax levy limitation:
TOWN OF VARICK
LOCAL LAW NO. 1 OF 2025
A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMITATION
ESTABLISHED BY GENERAL MUNICIPAL LAW §3-C
Be it enacted by the town board of the Town of Varick as follows:
Section l. 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. 2026 that requires a real property tax levy in excess of the “tax levy limit’ as defined by General Municipal Law §3-C.
Section 2. Authority
This local law is adopted pursuant to sub-division 5 of General Municipal Law §3-C
-‘\’which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.
Section 2 Tax Levy Limit Override
The Town Board of Varick is here.by authorized to adopt a budget for the fiscal year commencing January I, 2026, that requires a real property tax levy in excess of the amount otherwise proscribed by General Municipal Law §3-C.
Section 3. Severability
If a court determines that any clause. sentence. paragraph. subdivision. or part of this local law or the application thereof to any person. firm or corporation. or circumstance is invalid or unconstitutional. the court’s order or judgment shall not affect, impair. or invalidate the remainder of this local law. but shall be confined in its operation to the clause. sentence, paragraph. subdivision, or part of this local law or in its application to the person. individual. firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 4. Effective Date
This law shall take effect immediately upon filing with the New York State Secretary of State.
Motion to Adopt by Richard McCulloch; Seconded by Tom Fox :
Aye Nay
Robert Hayssen X
Thomas Fox X
Richard McCulloch X
Absent: James Velie and Eric Riegel
So Carried Aye: 3 Nay: 0
2026 Preliminary Budget:
A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to move the 2026 Preliminary Budget to the 2026 Adopted Budget of the General Fund Budget, Highway Fund Budget, Water District Budgets, Sewer District Budgets, Special District Fund Budgets, and adopt the following fire protection units: Varick/Romulus, Varick, and Varick/Fayette.
Code Enforcement Officer: No Report
Water and Sewer Report: October 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
· Did inventory for parts
· Built sewer adapters
· Rebuilt sewer pumps
· Continuing to gather info on generators for sewer 1
· Put a repair band on water tower leak to slow flow
· Water turn offs as needed
· Organized and cleaned shop and truck
· Sent out water bills
· Sent out bills to customers with new water services
Varick Sewer District No. 1: Mr. Karlsen reported that he received quotes from Witmer’s for generators for this district. The original quote for a new generator for Seneca Street was approximately $30,000 for a new generator which exceeded the budget limit. He then investigated pricing for a refurbished generator and received pricing for a 2002 Kohler 4.5 motor with 591 hours and a 2002 Cummings 3.9 motor with 651 hours. Both pieces of equipment were listed for sale at $10,500. He also received a price for a new Generac 7.5 KW including a transfer switch in the amount of $2,928. which is within budget for Main Street pump station. Mr. Karlsen will research the warrantee being offered for the used equipment from Witmers and he and Ben Freier will look at both the generators and assess which one would be the best purchase. Automatic transfer switches will also be need to be purchased and connected at an additional cost. Once the final costs are determined, Supervisor Hayssen will provide Supervisor Hayes at the Town of Romulus the 55% of the total bill they will be responsible for.. Varick portion will be funded through the ARPA grant and any remaining funds is proposed to be spent to install an automatic transfer switch to the generator for Seneca Lake Water District.
A motion by Richard McCulloch, seconded Tom Fox to authorize Water Operator Ben Karlsen to purchase 2 generators, automatic transfer switches and expend associated costs for their installation in Varick Sewer District No. 1 in an approximate total amount of $18,000 contingent on warrantee on the used generators.
Varick Sewer District No. 2: Mr. Karlsen reported the new bubbler they placed in the main pump station is working great.
Proposed Capital Project: Sewer District No. 4: No report.
Water Repayment Agreement With Seneca County Water District No. 1: Supervisor Hayssen reported that the Town Attorney revised the originally submitted Seneca County Water Repayment Agreement for Varick Water District No. 1 and Varick Water District No. 3 by adding “The surplus Sales Tax Revenue due the Town of Varick pursuant to Seneca County Local Law 2023-9 having been withheld as a result of the past due balance pursuant to Section III D3 of the Local Law” and “The entire withheld Surplus Sale 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” was not approved by the County attorney. They are requesting the original agreement be signed as it is reported to be a replica to what the Town of Fayette signed for their repayment agreement. Supervisor Hayssen informed the county he could not sign the original contract without his board’s approval.
Attorney Bovy informed the board that it would be acceptable to direct Supervisor Hayssen to sign the original agreement without those added line items. He reported that he corresponded with the county on this matter and once the agreement is signed and returned they will issue the town their check in the amount of $140,418.50.
A motion by Richard McCulloch seconded by Tom Fox and so carried unanimously to direct Supervisor Hayssen to sign the Water Repayment Agreement as presented by Seneca County Water District No. 1 with payments totaling for Varick Water District No. 1 in the amount of $35,621.19 and Varick Water District No. 3 in the amount of $35,297.22 with 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.
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:
1) 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.
- 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).
- 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).
- 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).
- 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
Varick Water District No. 1: Mr. Karlsen reported that they continue to work with the Town of Romulus to isolate a water leak in front of the Romulus Fire Department.
Seneca Lake Water District: Nothing new to report.
Varick Water District No. 3: Nothing new to report.
Varick Water District No. 4: Nothing new to report
Town Clerks Report: A motion by Tom Fox, seconded by Richard McCulloch and so carried unanimously to approve the October 2025 Town Clerk’s Report: Supervisor: $230, NYS Department of Ag & Markets: $20, Total Disbursements: $250.
Minutes: A motion by Richard McCulloch, seconded by Tom Fox and so carried unanimously to approve the minutes of October 7, 2025.
Personal: No report.
Assessor: Attorney Bovy reported that he is working with Anne Morgan regarding Neil Olver’s grievance of his assessment at lack of filing within the required filing time frame.
Zoning Board: No report.
Planning Board: Linda Mastellar thanked Richard McCulloch for attending their last Planning Board meeting. She reported they will continue to work on the Zoning Code revisions and have tabled the placement of signage for public hearings in lawns until they can establish a workable procedure to put into place.
Planning Board Vacancies: The board received a an email from Thomas Bjorkman providing the Planning Board’s summary of what each candidate would contribute based on three criteria that they found to be useful. The board has received letters of interest from Eric Heitz, Tanner Leto and Eileen Percevault. The board tabled any action on appointments until a full board was present.
Old Business, New Business and Correspondence:
Supervisor Hayssen asked for further comments regarding 2025 Local Law No. 2 A Local Law Superseding Section 23, Subdivision 1 of the Town Local Law to Provide for Residency of the Town Deputy Highway Superintendent and Deputy Town Clerk. No further comments were presented and following resolution was passed:
TOWN OF VARICK
LOCAL LAW NO. 2 OF 2025
A 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 immediately upon filing with the New York Secretary of State.
Motion to Adopt by ; Seconded by :
Aye Nay
Robert Hayssen X
Thomas Fox X
Richard McCulloch X
Absent: James Velie & Eric Riegel
So Carried: Aye: 3 Nay: 0
Dog Control Officer: The board was reminded that Beverly’s Animal Shelter will no longer be accepting dogs from the Town of Varick January 1, 2025. Brian McCann reported that he will get in touch with the Romulus/Ovid and Interlaken DCO. She has been talking about suing a building on the Army Depot for her dogs, but those towns will have to help with this. He will get back to the board as soon as he can regarding his discussion with her. Supervisor Hayssen reported the board of supervisors will be holding meeting in Ovid on this matter.
A motion by Richard McCulloch seconded by Tom Fox and so carried to adjourn the meeting at 8:00 p.m.
Respectfully Submitted:
Donna Karlsen
Varick Town Clerk