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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. Michelle Phoenix- Town Clerk
  4. Shelly Johnson – Del. Co. Planning Board
  5. Dean Frazier – Del. Co. Watershed Affairs
  6. Judy Pangman – Lamont Engineers

Pledge to the flag was led by Dean Frazier

Minutes Approval: On motion by Stuendel, seconded by LaTourette, it was moved to approve the minutes of the Board meeting held on January 10, 2011.

Vote: All AYEs – Motion Carried.

Guest Speakers:

Dean Frazier- Delaware Co. Commissioner of Watershed Affairs

Shelly Johnson – Chief Planner, Delaware Co. Planning Board

NYC avoided having to build a federally mandated water filtration plant for its water supply by agreeing to a number of conditions summed up in the historic 1997 Memorandum of Agreement (MOA).  This agreement had a duration of ten years with an automatic five year extension and so was set to expire in 2012.  Negotiations between the Coalition of Watershed Towns, Catskill Watershed Corporation, Delaware County, various environmental groups, US EPA, NYS DEC and NYC DEP among other principals of the original MOA, has resulted in the Successor Water Supply Permit (S-WSP) which was issued on Dec 14, 2010.  A key requirement of the S-WSP (and the original MOA) is the Land Acquisition Program whereby NYC is required to purchase land in the watershed region to keep it from ever being developed.  The idea is that developed land will lead to the production of effluents that could result in the deterioration of water quality.  However, hamlets within the watershed were allowed to expand their borders and were given the option to exclude NYC from acquiring land or easements within these borders.

Dean and Shelly were here to discuss the decisions the town board would have to make regarding the hamlet of Trout Creek.  They told us that in 1997 the Town of Tompkins had chosen not to exclude NYC acquisitions within the designated hamlet area of Trout Creek and that several years ago the town board had chosen not to expand the hamlet of Trout Creek.

They told the board that it would have to 1) affirm the current borders of the hamlet, 2) decide whether it would allow acquisitions or easements within the designated hamlet area.  If it wanted to exclude acquisitions and easements, the board would have to notify land owners by mail of this inclination and schedule a public hearing.  If the board allowed individual owners to opt out of this exclusion, i.e., to opt out of being included in the hamlet area, then the owners should know that if they were near a watercourse, they would no longer be allowed to build within 100 feet of it.

They said there were three other decisions the town board would have to make for the Town of Tompkins as a whole with respect to NYC acquisitions and easements: 1) whether to waive the ten acre minimum lot size requirement in floodplains, 2) whether to waive the ten acre minimum lot size in the entire town, and 3) whether to allow land trusts acting as agents for NYC to acquire land within the town.

They told us they would come back to discuss these matters further after we had a chance to talk it over on the board and with members of the community within the designated hamlet area.

Judy Pangman – Project Manager, Lamont Engineers

Judy reported the status of the wastewater management program. A map was shown with the projected sewer pipe lines, with other numerous bits of information.

Judy stated it will be apx. 18 months before construction and a year and half from then until completion.

Judy presented to the board the forms required to initiate the SEQR process for the Trout Creek Wastewater Management Project

On motion by LaTourette, seconded by Stuendel, it was moved to adopt Resolution 2011 #5. Resolution of the Town Board of the Town of Tompkins seeking lead agency status in construction of the wastewater management project in the hamlet of Trout Creek.

Vote: All Ayes

Motion Carried.

Monthly Financial Reports:

Town Clerks Report:

On motion by Layton, seconded by Stuendel, it was moved to receive, approve and place on file the Town Clerk’s January 2011 monthly report.

Vote: All AYEs – Motion carried.

Supervisor’s Report:

The Town’s financial Statements and Monthly Financial Audit were reviewed with the Board by Nancy Roberts, Bookkeeper to the Supervisor.

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

Vote: All AYEs – Motion carried.

Other Reports:

Report – Planning Board


Report – Assessor

Michelle received Assessor report via email from Joyce Ottens and was read.

Report – Highway Superintendent

  1. Water separators were pumped out at the shop.
  2. Used $11,268 in diesel fuel, an average of $380 a day
  3. Paper shed is full, need some boxes to empty it.
  4. 2004 Chevy 1 Ton is at Hanley’s – Found to not be getting fuel. The problem could be the fuel tank or the injectors. Howie Stated there may be a recall on this truck for this issue and Ron should look into this.
  5. After repairs to the turbo’s on the 2007 International, the bill comes to apx. $3330.
  6. Having to do a lot of small repairs to the trucks (Brake hands, etc) due to what the State is putting on the roads.
  7. Would really like the board to reconsider the budget for the grit pile. So far this year with the amount of snow we are getting they are ahead in grit usage and pile is dwindling faster than prior years.
  8. Need requests for stone and pipes bids put out in the paper
  9. We need to talk to resident on Cemetery Road about trimming back the bush on the corner.

Report – Dog Control Officer

  1. On 1/19/11 1 Adult dog and 1 puppy was dropped off at the Thurston residence, They were taken to the Crescent Pet Lodge on 1/20/11
  2. On 1/17/11 received a call about 2 beagles that were missing. On 1/21/11 received a call about two beagles seen at the pull off on County RT 27 by Morman Hollow Rd. After locating the dogs at Oralls junk yard a call was made to the owner and he picked up the dogs at our residence, at that time we advised them to get the dogs licensed, they were given dog license applications.
  3. Followed up with apx. 12 residences that had received letters of unlicensed dogs in December. The resident that was home was given 14 days to get the dogs licensed, and the ones that were not home were left applications. We will return on or about February 17, 2011 to check on their progress.
  4. Discussion on giving residents a fee break when they want to go ahead and get the 3 yr license to coincide with their 3-yr rabies shot. After much discussion it was advised that Dog Control officer Sprague, Town Clerk Phoenix and Board Member Backus get together and see what they think would be good for a break and bring it back to March’s meeting.
  5. It was brought up if we need to do a contract renewal with Crescent Pet Lodge. Town Clerk will look into this.
  6. At the time of taking the dogs to the shelter, a question was brought up regarding the town charging an adoption fee for any dogs we have taken to Crescent Pet Lodge that get adopted. After much discussion it was agreed we will not ask for an adoption fee with the thoughts a dog may get adopted faster if there are no fees.

Report- Supervisor

  1. Cold War Vet tax credit- This was discussed in the past and it was found our taxes are low enough now and with another credit it won’t do much.
  2. Steel for Boces – Bill asked Ron if he had any extra steel laying around for the kids at Boces to practice on. Ron stated there are a couple pieces of steel laying at the Highway dept for them to pick up.
  3. Paul Bartholomew’s position with the Board of Assessment Review was up in Oct, 2010. Paul was called and he stated he would continue with the position. On Motion by LaTourette, Seconded by Stuendel it was moved to appoint Paul Bartholomew to the Board of Assessment Vote: All Aye’s Motion Carried.
  4. Michelle, Peggy and Howie are up for Election in November
  5. After meeting with Deb from Ag & Markets, it was pointed out that we should not have a position of Deputy Dog Control Officer, due to the fact that the Deputy would have to go through same inspections as the Dog Control Officer. Deb suggested we contact a surrounding town’s Dog Control Officer to assist us in the case of our Dog Control Officer not being available. After much discussion a motion was made by Stuendel to dissolve the Deputy Dog Control Officer position from Resolution 2011 #3, seconded by LaTourette. Vote: All Aye’s Motion Carried. See Amendment to 2011 #3.
  6. Property owner on the sharp corner on Cemetery Road states he no longer needs cinders put down any farther than corner.


Invitation from Deposit Event Committee to participate in the celebration of the town’s 200th birthday.


Amendment to the Annual Audit of Books meeting held January 10, 2011

Upon receiving and reviewing Town Judge, Backus and Town Building Inspector, Reynolds Annual Books

On Motion by LaTourette seconded by Stuendel it was moved to take notice of the fact that the Cashbooks of the above mentioned officials were received and found to be in satisfactory order to the best of their knowledge.

Vote: All Ayes

Motion Carried

Abstract of Claims

On motion by LaTourette, seconded by Layton, it was moved to approve the Abstract of Claims for January 2011 as follows: General Fund: $ 6,611.06, Highway Fund: $ 28,019.43

Vote: All AYEs – Motion carried.

Reading back of the minutes:

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

Vote: All AYEs – Motion carried.

On Motion by LaTourette and seconded by Layton, to adjourn meeting at 10:15 pm.

Vote: All AYEs – Motion carried.

Next meeting will be at 7pm on March 14, 2011 at the Town Meeting Room, Trout Creek, NY.

Michelle Phoenix

Town Clerk

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