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The regular monthly meeting of the Town of Tompkins Town Board was called to order at 7:00 pm in the Town meeting room, Trout Creek, NY.


  1. William Layton-Supervisor
  2. Carl Stuendel-Councilperson
  3. Peggy Backus-Councilperson
  4. Howard Buttel-Councilperson
  5. Timothy LaTourette-Councilperson


  1. Ronald VanValkenburg-Hwy Superintendent
  2. Nancy Roberts –  Bookkeeper to the Supervisor
  3. Gail Crane – Deputy Town Clerk
  4. Brenda Thurston, Dog Control Officer
  5. Craig Fritzsch

Pledge to the flag was led by Carl Stuendel

On motion by Buttel, seconded by Stuendel,  it was moved to approve the minutes of the September 13, 2010 meeting as each member had received a copy.

Vote: All AYEs – Motion Carried.

On motion by Buttel, seconded by LaTourette,  it was moved to receive, approve and place on file the Town Clerk’s monthly report.

Vote: All AYEs – Motion carried.

The Town’s Financial Statements and Budget Report were reviewed with the Board by Nancy Roberts, Bookkeeper to the Supervisor.  Noteables – A partial payment CHIPS money that had been applied for in August was received; Received projected 2012 retirement figures showing an increase of $33K to $49K.   All need to be aware of the ongoing increases in costs.

On a motion by Stuendel, seconded by Buttel, it was moved to receive, approve and place on file the Supervisor’s Monthly Financial Report.

Vote: All AYEs – Motion carried.

Visitor Questions –

Craig Fritzsch – Question regarding the status of the burned out crane.  Mr. Fritzsch would be willing to give the town $1000. for equipment.  Bill Layton responded that the equipment had been sold by the company to India and the company that owns the crane is in process of removing it.  Work on the physical removal had started earlier this week.  Was decided this was a moot issue at this time.

Reports-Superintendent – Ron VanValkenburg

Dryden-Gray Rd. – replaces 3’ pipe with 5’x40’ squash and collar – cost $4150 plus headwall stone.  A question was raised by Stuendel as to whether or not Stream Mgnt would pay for any of this work.

Faulkner Rd – headwall on discharge end fell over during the flood.  Repair scheduled for Thursday

Rain storm – have been doing repairs to roads and have cut up and removed fallen trees

Carcass Brook – worked the road and cut the bank back.  Made ditch deeper. Used 50 loads gravel

Shop – Have performed a lot of truck repairs and changing tires.  Dana Wagner has been welding supports under boxes

Concrete for addition Town Hall has been poured and finished.

Violation – The Building Inspector has issued a violation on pole barn exit.  A roof is needed as there is a danger to personnel as the snow/ice freezes the door and entry way.

On motion by LaTourette, seconded by Backus, it was moved to resolve/correct the building violation.

Vote: All AYEs – Motion carried.

Emergency Assessment Form – Bill Layton asks Ron if the form was completed for the flood damages on 9-30-2010 and 10-1-2010.  Ron responded that he faxed the day after the flood that minimum damage resulted with and estimated cost of $33,000 not including labor and equipment usage and cost.

Concrete pad in back of shop – Last year’s estimated price was $6,680.  Ron questioned if this is to be completed now.  The pad would make the washing of trucks cleaner and safer for the personnel as the area becomes very muddy and slippery.  Discussion ensued as to where the money would come from.  Town is awaiting response on the Court Bldg. Fund Grant Application. Bill will follow up on the status of the grant.

On motion by Layton, seconded by Buttel,  it was moved to table the decision regarding work on the pad until next month after review of the financial situation.

Vote: All AYEs – Motion carried.

Reports- Planning Board – James Fox

No report submitted.  The Board asked Sandy to contact James Fox and request a report for the last few months and impress on him the importance of timely reports.

Reports – Assessor – Joyce Ottens

Bill Layton indicated the reports for September had been mailed to Town and received the day after last month’s meeting.  The report for October meeting was received.  Bill read both reports which seemed to be basically the same.  Bill Layton is going to follow up on court case and to make sure that she include in her reports any communication with attorney Robert Bebe, who represents Town of Tompkins in its ongoing struggle with NYC over tax assessments.

Reports – Dog Control Officer – Brenda Thurston

New monthly report format – Gail Crane presented the new monthly report that Brenda, Sandy and she had created.  In summary, there were 7 complaints/assistance requests from homeowners; 2 dogs removed to the shelter, no dogs relocated.   Bill Layton indicated he thought it was too detailed, Carl Stuendel indicated he liked seeing the detail.  Bill requested that the detailed report be emailed to the Board prior to the monthly meeting.

Enumeration project status – a 911 worksheet by street has been generated and the Dog Control Officer has begun visiting each location to count the dogs.   During this process a number of dogs in violation have been found.  Discussion ensued as to whether or not the violations should be addressed at the time of the violation being discovered – or after the entire enumeration project completed.    Suggested process by Dog Control Officer is –

Step  1.  Verbal warning, at time of violation discovery during enumeration visit

Step  2.  A letter from the Town Clerk indicating violation discovered and license/rabies vaccination required within 30 days.

Step  3.  Follow up by Dog Control Officer 30 days after letter sent.  Issuance of summons if the violation had not been corrected.

Database status – As required by the State, Dog Licenses for renewals and control will be turned over to the Town to administer effective January 1, 2011.  Renewal notices, tags, etc.     Establishment of an accurate database of current dogs is in the process. As reported last month 188 letters to all previously licensed dogs that were past due were sent out.  A good response has been had with the database being updated from the returned letters where the dog owners have indicated the dog is deceased or been moved.

The process that has been established at this time is:

Step 1 – Create the database from all previously issued dog licenses on file in Town Clerk’s office.  COMPLETE

Step 2 – Send a letter to ALL previous dog owners where dog license is past due for renewal.  COMPLETE 188 letters sent

Step 3 – Dog Control Officer to follow-up on review of the database

Step 4 – Dog Control Officer to issue corrective action for un-licensed dogs.

A discussion ensued on the pros/cons of the enumeration and dog licenses database issues.

During the process of reviewing the returned notices, there is an instance where a dog has been reported as deceased dog but the Dog Control Officer knows the dog is alive and is in violation of license.   During the discussion, Gail raised the question of legal liabilities of the Town’s enforcement or lack of enforcement regarding rabies vaccinations.  Can the Town be sued if a dog has not had the rabies shot as required, and by chance bites a person or if the dog is not holding a current license?  A discussion of pros/cons ensued.

Further discussion ensued on the license renewal process.  Should all licenses be renewed in June or on anniversary date.   Sandy indicated the annual renewal in June was not working.   Gail indicated the system is all set to generate automatic renewal notices.   Gail also indicated that her understanding at the last Delaware Town Clerks Association meeting that most towns were renewing based on anniversary date.  Bill asked that the Town Clerk contact various towns again to confirm their  renewal process.  We agreed to table a decision regarding dog license renewal dates until next meeting when we would have more information on whether the town might be able to provide a rabies clinic three times a year.

On motion by Stuendel, seconded by LaTourette, it was moved to pursue corrective action on all violations discovered as a result of the enumeration or database review process.

Vote:  AYEs – Layton, Stuendel, Buttel, LaTourette

NAY – Backus

Motion Carried

Dog Rabies & Spay Neuter Clinic – Brenda has been working with the vet Dr. Pritze on trying to establish a rabies clinic.  Dr. Pritze gets .50/mile.  It is believed that fund raising or donations is legal to help support this.  Brenda requests permission to hold a couple of fund raising events – Bake Sale and Penny Social in support of a rabies clinic.  Rabies clinics are currently held at various times throughout the county by the Delaware County Public Health Dept.

On motion by Stuendel, seconded by Buttel, it was moved to allow Brenda to hold a fund raiser.

Vote:   All AYEs

Motion Carried

Reports- Supervisor – Bill Layton

Resolution on Cannonsville Cemetery – Resolution # 10 for transferring the Cannonsville Cemetery from the Cannonsville Cemetery Association to the Town of Tompkins was reviewed and signed by the Board.

Grant Stream Mgmt Program – project clarification Rt 206 and Trout Creek stream needs refining.  The County has offered their assistance in reviewing and correcting the grant application process.

Correspondence – Bill Layton

Letter of resignation effective November 1, 2010 has been received from Sandra Gardepe, Town Clerk due to health reasons.  The current Deputy Town Clerk, Gail Crane, was asked if she would be able and willing to take on the job for the next few months or year.  This is an appointed position.  Gail indicated she was willing to assist until a new Town Clerk can be appointed or elected.  The flexibility of time for Gail is a concern as she travels out of state quite often.  Gail is willing to work with a replacement person to teach or assist where possible.

On motion by LaTourette, seconded by Stuendel, it was moved to table the acceptance of the resignation at this time.

Vote: All AYEs – Motion carried.


The tentative budget as established be previous meeting was reviewed and discussed.  There had been no changes since the previous budget review meeting of September.  Concern was voiced by Tim LaTourette regarding the Highway personnel budgeted amounts and lack of replacement personnel budget.  Discussion of where funds would come from if and when replacement personnel is determined to be needed as it is not spelled out in the current budget.

On motion by Layton, seconded by Stuendel, it was moved accept preliminary budget and bring before a public hearing.

Vote: AYEs –  Layton, Stuendel, Buttel

NAYs – LaTourette

Abstain – Backus

Motion carried

Town clerk instructed to put a notice of public hearing in paper before the Nov. 9th Board meeting.

Abstract of Claims

On motion by LaTourette, seconded by Stuendel,  it was moved to approve the Abstract of Claims for  October 12,  2010 as follows:

General Fund: $  15,518.27

Highway Fund:$  15,885.20

Vote: All AYEs – Motion carried.

Reading back of the minutes:

On motion by Backus, seconded by LaTourette, it was moved to accept the minutes as read back.

Vote: All AYEs – Motion carried.

The meeting was adjourned at 10:10 PM.

Gail Crane

Deputy Town Clerk

Next meeting will be on Tuesday, November 9, 2010 at the Town Meeting Room, Trout Creek, NY.

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