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The Public Hearing on the Preliminary Budget was opened at 7:00 PM by William Layton.

Questions raised by Amy Hawk –

  1. Would like clarification of why the projected property tax for 2010 is blank and shows up as a negative figure down below.   Nancy Roberts explained the negative below is the projected assessment and will be moved up once the budget is approved.
  2. Where do we get actual expenditures from 2010 to put into the preliminary budget?  Again Nancy Roberts explained the numbers are obtained from the monthly financial reports which are available in the Town Clerk’s Office.

The Public Hearing was closed at 7:14 PM.

The regular monthly meeting of the Town of Tompkins Town Board was called to order at 7:15 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. Nancy Roberts –  Bookkeeper to the Supervisor
  2. Gail Crane – Deputy Town Clerk
  3. Joe Reynolds – Code Enforcement Officer
  4. Timothy Cox, CWC Corporate Counsel
  5. Henry Lamont, P.E. Lamont Engineers
  6. Alan Rosa, CWC
  7. Nathaniel Hendricks, CWC
  8. Judy Pargmen, Lamont Engineers – Project Manager for Trout Creek Sewer District
  9. Julie Baroun, Lamont Engineers – Project Engineer for Trout Creek Sewer District
  10. Kevin Young, Attorney
  11. Amy Hawk, resident Town of Tompkins

Pledge to the flag was led by Howard Buttel.

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

Vote: All AYEs – Motion Carried.

On motion by LaTourette, seconded by Layton, it was moved to receive, accept and place on file Town Clerk’s Monthly Report.  The new format was also accepted.

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.  Noted 15% less on levy for Fire Dept. Budget, truck paid off.  The Hancock Fire District budget has not been received yet.

Addressing the concerns voiced by Amy Hawk during the Public Hearing of the Preliminary Budget, a motion by Carl Stuendel, seconded by Buttel, it was moved to put the YTD Financial Report on the web on a quarterly basis.  Ms. Hawk’s had indicated that even once a year would be acceptable as long as the information was available.

All AYES Motion Carried

On motion by Stuendel, seconded by Backus, it was moved to accept the Preliminary Budget as the Final Budget, place on file.

Vote: All AYEs – Motion carried.

On motion by Stuendel, seconded by Backus, it was moved to receive, approve and place on file the Supervisor’s Financial report.

Vote: All AYEs – Motion carried.

Guest Speakers:

CWC and Lamont Engineers gave presentation of their findings and plans with regard to the Trout Creek Septic System project.  Under the 1997 MOA, Trout Creek was identified as one of many hamlets qualifying for a NYC Wastewater Septic Program through CWC.  The CWC has been testing and looking for land that would be able to house and operate the wastewater and sewage of the hamlet of Trout Creek.  Trout Creek is the 16th town addressing this problem.  There was a Public Hearing regarding this project in May 2009.  CWC is now at the end of the Study Phase.  The CWC/Lamont Engineering gave to the Board a written overview & flow diagram of the project.  The It is  “Preliminary Engineer’s Report” Volume I, II and III and overview and flow diagram are available for review in the Town Clerk’s office.

Findings in the Study – CWC recommends a Clustered Community Septic System.  Challenges exist in obtaining land for the site with the simplest and least cost.  Lot size, soil, ground elevation requirements need to be met.  Trout Creek has limited land resources meeting the criteria for the project.  There are 51 properties within the Sewer District.  Sump pump in homes would not be able to drain in the Storm Water System.  The CWC gave written “Service Area Wastewater Flow Estimate” and “Summary of Engineer’s Projected Residential and Commercial Operation & Maintenance Fees” to the Board.

The CWC has determined 3 properties that meet the requirements.  CWC can only pay the appraised value for the land acquisition.   The owner of the preferred site is an “unmotivated seller” with significant personal investment in the property but has agreed to review an offer for his property.  The Engineer identified 2 additional sites with willing sellers, and one which is owned by the Town.  All three sites will be needed if the preferred site is not available.  Appraisals are being performed for the land acquisition.

The NYC DEP has offered a grant in the amount of $6.5 million for construction.  Local residents will pay $100 per year for maintenance with cost of living increases after three (3) years, commercial property is estimated to be less than $300.  NYC will pay the balance of operating costs up to $66,000 per year.  Project will pay for meters to be installed & be read on commercial properties.  The Town of Tompkins will budget and manage the funds.  All contract work is to be performed at prevailing wage.

A Trout Creek Sewer District will have to be established.  Trout Creek Sewer District would own the property.  A Sewer Use Law and variance process would need to be established.

The CWC has determined the town is faced with a difficult choice among 4 options.  In order of recommended preference, these options are:

  1. Make a property acquisition deal with the preferred site owner and the one or two other potential site owners.
  2. Acquire the preferred site under the Eminent Domain Law and make a property acquisition deal (or eminent domain proceeding) with the one or two other potential site owners.
  3. Sell its stockpile area to the project and make a property acquisition deal with two other potential site owners.
  4. Abandon a community wastewater management program for the Hamlet of Trout Creek.

A resolution of the Town Board authorizing participation in pre-construction phase is required by the Town to continue.  Sample of the resolution was given to the Board by the CWC.

On motion by Stuendel, seconded by Buttel, it was moved to pass the resolution as written by the CWC and move on to Phase 2 Preconstruction.

Reports – Planning Board

Deputy Town Clerk had received the Planning Board Report for October.  Gail will mail to all Board.

Reports – Assessor

Deputy Town Clerk had received the Assessor’s Report for October.  Gail will mail to all Board.

Reports-Highway Superintendent

Ron VanValkenburg was on an excused absence.

Deputy Town Clerk had received a request to have a RESOLUTION created for the takeover of the Windfall Lake Road which the Board Minutes show was done on December 14, 2009.  There was raised a question as to whether or not the Resolution date should be December 14, 2009 or the current date.  It was decided to use the current date and reference the adoption back to December 14, 2009.

Reports- Dog Control Officer

Deputy Town clerk had emailed the report to Town Board.  Enumeration process needs to be completed.

Reports- Supervisor

  1. Town Clerk Appointment – Gail Crane has stated she would not commit to accepting the Town Clerk appointment but would commit to Deputy Town Clerk as she has been doing with the same rate of pay as she is currently receiving.  Ms. Crane states she is willing to work with and train the replacement Town Clerk once the appointment is made.   Ms. Crane has written up a Job Responsibility description that will be helpful in the interviewing process.   Bill Layton indicates he has a couple of names and resumes of interested parties and asked the other Board Members to bring forth any one they know may be interested in the job.  Date of November 16th 7:00 PM established for interviewing the applicants.
  2. Town Clerk bank accounts – Discussion of the two bank accounts indicate that Sandy Gardepe & Gail Crane are the current account holders for the checking account but Sandy Gardepe is the only account holder of the savings DEC account.  The Board instructed Gail Crane to have Sandra Gardepe from removed from both accounts and have Gail Crane added to the DEC saving account.  The addition of the Town Clerk will be done when a replacement Town Clerk is established.
  3. Sandy Retirement Dinner – set up Bring a Dish to Pass on next meeting night December 13th at 6:00 PM with recognition card and plaque for Sandy.  Gail to invite Sandy.  Gail to write letter of appreciation to Sandy for her dedicated service.
  4. Dog Control Law – Gail has given to the Board a Draft of Dog Control & License Law.  After the Draft was written up, someone left a 1986 Dog Law on Gail’s desk, so the law that has been drafted would have to indicate it supersedes the previous law or remove all the “at large” stuff from the law and just keep the License Articles & Definitions.   Board members are to review, mark up with changes, it then has to be reviewed by Attorney, Public Hearing and adoption by January 1, 2011 to be in compliance with NYS mandates.


  1. Letter and $500 received from John Payne, Paynes Cranes expressing his gratitude to the Town for their understanding, patience and assistance with the crane fire.  Board requested Gail to write a Thank You for the Donation letter to Mr. Payne

Abstract of Claims

On motion by LaTourette, seconded by Buttel, it was moved to approve the Abstract of Claims for      2010 as follows:           General Fund: $ 12,713.23

Highway Fund:$ 27,746.96

Vote: All AYEs – Motion carried.

Reading back of the minutes:

On motion by Stuendel seconded by LaTourette it was moved to waive the reading back of minutes, but to have the minutes typed and emailed to Board for acceptance.  Tim to get his email address to Gail.

Vote: All AYEs – Motion carried.

The meeting was adjourned at 10:30 PM.

Gail Crane

Deputy Town Clerk

Next meeting will be on December 13, 2010 at 6:00 PM in the Town Meeting Room, Trout Creek,


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