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Town Council Minutes 8/7/2003
AVON TOWN COUNCIL
MEETING MINUTES
AUGUST 7, 2003

CALL TO ORDER
The meeting was called to order at 7:30 p.m. in the Selectmen’s Chamber by Chairman Hines.  Members present: Mrs. Hornaday, Messrs: Carlson, Shea and Woodford.

PUBLIC HEARING:

The Public Hearing notice reads as follows:
“LEGAL NOTICE
TOWN OF AVON
The Town Council of the Town of Avon will hold a Public Hearing on Thursday, August 7, 2003 at 7:30 p.m. in the Selectmen=s Chambers to consider amending.
ORDINANCE 46 - AITINERANT VENDORS, HAWKERS, PEDDLERS AND SOLICITORS
Summary of Ordinance 46
Ordinance 46 has been amended in its entirety.  In its amended form, the ordinance requires all persons and organizations to obtain licenses from the Chief of Police (or his designee) before engaging in Avon in the activities of an itinerant vendor, hawker, peddler or solicitor, unless the person or organization is exempted under state law.
The ordinance provides for two classes of licenses: a Class A License for certain non-profit organizations and their representatives, and a Class B License for all other organizations and persons.  The annual fee for a Class A licensee is $25.  The fee covers both the non-profit organization and all of its representatives.  The annual fee for a Class B licensee is $25 for the organization and for each of its representatives, up to a maximum annual fee of $250.  Certain veterans are exempt from paying the license fee.
Persons and organizations seeking a license are required to submit an application to the Chief of Police.  The ordinance provides grounds upon which the Chief of Police may decline to issue a license or may suspend or revoke a license once issued.  Licensees whose licenses are suspended or revoked may request a hearing on the suspension or revocation.
The ordinance imposes certain requirements and restrictions with respect to the activities of an itinerant vendor, hawker, peddler or solicitor, including a prohibition against making sales or solicitation calls upon residences between the hours of 9:00 p.m. and 8:00 a.m., except by appointment.  The ordinance also permits property owners to post notices prohibiting such activities on their property.  
This document is prepared for the benefit of the public, solely for the purposes of information, summarization and explanation.  This document does not represent the intent of the legislative body of Avon, Connecticut for any purpose.     
Copies of the proposed ordinance are on file in the Town Clerk’s Office, Avon Town Hall, and are open to public inspection during normal business hours.
Dated at Avon, Connecticut this 22nd day of July 2003.
Philip K.Schenck, Jr.
Town Manager”   

The public hearing was closed at 7:35 p.m.

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED:       That the Town Council approve amendments to Ordinance #46 AITINERANT VENDORS, HAWKERS, PEDDLERS AND SOLICITORS, a copy is attached and made a part of these minutes.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

MINUTES OF PRECEDING MEETING

On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted:
RESOLVED:       That the Town Council approve the minutes of the June 24, 2003 meeting as read.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted:
RESOLVED:       That the Town Council approve the minutes of the July 1, 2003 meeting as read.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.  

COMMUNICATION FROM AUDIENCE
Mrs. Zacchio, 15 Ridgewood Road, reported she has been a resident most of her life.  Mrs. Weist, 59 Woodhaven, reported the reason we are here tonight is that we are concerned about speeding issues in our neighborhood.  Mrs. Zacchio reported we are concerned about the safety of our children when they are out riding their bikes and we are out walking in the neighborhood.  We spoke to the Police Department about it and over the past several years a number of neighbors have called, Sergeant Chevalier has been very helpful, but we are looking for more help especially as our road is scheduled to be paved and it is going to get worse, and we wanted to bring this to your attention.  

Chairman Hines reported obviously this is of concern all around Town.  The speed machine is located at different areas around town, to try to slow people down.  One of the items that we try to do is to keep the number of employees down to the minimum from a tax standpoint, and at the same time try to provide the services.  The Chief has asked for an increase in his number of patrol officers to help in this situation and we are going to do everything that we can.  The Town Manager reported within two months we will have closed out the 2002/2003 budget, and will then return to the Town Council to discuss funding of an additional police officer that was removed from the 03/04 budget, we will either go to the Board of Finance for additional funds, or use any remaining 02/03 budget funds to fund a position partially for the year.  Chairman Hines reported to hire an additional police officer, you cannot do it overnight, there is a community group of police officers and evaluation by various towns, that do the process together, and we go into that group looking at all of the candidates, then once you hire them, they must go through a fair amount of training. So actually anything we do this year, you will not see until next year.  The Town Manager reported when you hire someone new that is not already certified, it takes about 15 months, before they are out on the street, we also advertise for certified police officers that might be interested in coming to Avon.  

Mr. Shea questioned whether the residents are looking for support from the Town Council, although the Police Department is doing a very good job and has been attentive, to have the Council to add some support to your cause to try to step up the patrol or maybe put the speed machine on your road.  Mrs. Weist reported, absolutely, we have had wonderful help from the Police Department, Sergeant Chevalier came to the house to personally speak to the residents, radar traps were set up at the worse area which is a sharp corner, and they found people going 41 miles per hour on a 25 mile stretch of road.  We are praising the department.  Mr. Shea reported perhaps the speed monitor machine could be used more often.  Mrs. Weiss reported any help you could give us to solve our problem would be appreciated.    

Mrs. Matthews, 160 West Avon Road, reported they have put in a water main in front of her house, and there is a beautiful stand of old trees that belong to the Town, and she is wondering if she has any recourse if they all die as all of their roots were cut.  The Town Manager reported that is a State highway.  We will have to contact the State to find out where the right of way ends.  The Superintendent of Public Works will check into it for you with Engineering to find out where that is and contact you.  If the trees are considered as being on private property the owner would be responsible for taking them down or replacing them.

COMMUNICATION FROM COUNCIL
Mr. Woodford reported Enford Street has no debris left over from the carnival, it looks great.  Also there is a car in front of St. Ann’s Church that has been there for over a year.  The Town Clerk reported it was left there by an employee and is not in running condition.  The Town Manager reported there is a provision in the State Statutes for removal of abandoned cars, and there is a fee that the State will pay to a towing company to have it removed, we can apply for it. Mrs. Hornaday reported we should ask whoever owns it to remove it.  

OLD BUSINESS
01/02-44        Review and Discussion: Towpath School Property
The Town Manager reported we received a request to consider a proposal for the use of the Towpath School, actually the sale of the school to Mr. Noelke, who is here this evening to discuss it.  He has a very interesting and creative idea for the future of the school.  We also received some phone calls from another person, Mr. Hayes, who had some interesting ideas for the school as well.  While we have not solicited any proposals at this point in time for either the sale of the building or other uses, he thought it might be appropriate at this time to at least let them come in to present their ideas.

Mr. Noelke reported he has a proposal that he would like to discuss, and an article about the sculpture he is doing at Towpath for a city of San Angelo, and would like to thank the Town Council for allowing him to use the gym for his work, as the project is coming to fruition and it has been a wonderful space to work in.

Mr. Noelke reported he would like to start with the basic vision he has for Towpath, then talk about his experience in relation to that vision, then finally talk about a curriculum idea and the numbers behind it.
He proposes a title of “The Towpath Institute”, the mission would be to keep the history and architecture of the building in tact, provide a creative social environment for teens, and enhance the community through creative arts and neighborhood sensitive use. The building would be left essentially unchanged except for upkeep.  He would intend to keep using a portion of the gymnasium to do monumental commission work on that site.  There would be a three tier approach to this workspace, number one would be high school visual artists of promise, which in the arts has more to do with their determination and grit, these artists would have access to materials, space, art consultation, assignments for the self evident rewards of creative enterprises as well as portfolio building for university admissions and scholarships.  A link between the Towpath Institute and universities would be established, so that the University of Hartford, Trinity, Yale, would be aware of these students and would be asked to come in to get to know them.  Art classes typically in high school are 45 to 60 minutes, with 10 minutes setting up and 10 minutes discussing discipline, therefore they are short, and the notion behind this would be to give these promising students additional time to work in a more of a university type setting.  The second component would be what he would call the young creatives; those are graduates with Bachelor of Fine Arts and Masters of Fine Arts.  This group tends to  struggle a lot coming right out of universities, and 98% of them stop making art within five years of graduating, therefore only 2% beyond that keep making art.  The notion being – to try to create a mix between high school students and people recently coming out with graduate degrees to give students exposure to what is going on in university and the graduates a chance for a softer landing so that they have a studio space and a role right away, which would be an unpaid role, but have a place to go.   He enclosed an article which was in the Hartford Courant, entitled tapping the energy of young creatives, research has shown that demographic of 24 to 34 are the creative architects, artists, musicians, engineers, add a lot of vitality to a municipality in the long run.  Hopefully some of them will stay around and be a part of Avon life. The third component is what he calls the 2%, those are the artists that have survived beyond five years, they are working in the field, one way or another, they may not be making a living, maybe making a partial living, but to him this group is a very rare group because of their persistence and their longevity, and they would once again interact with the high school artists of promise and the college graduates, and going back to more of an apprentice type system, rather than a student teacher.  He would consider anyone who came in to the Towpath Institute to be both the faculty and a student. Mr. Noelke reported guest artists could be invited in, we have a fine stable of artists as funded by the Arts Center, and a lot of them would be willing to do workshops and expose these students to their tricks of the trade.  

Chairman Hines questioned whether they would be charging fees for people to enter these programs.  Mr. Noelke reported yes.  Chairman Hines reported he attended the Greater Hartford Arts Council Neighborhood Arts Program for Students this summer, and questioned whether that would be the kind of program he would be running also.  Mr. Noelke reported yes, in fact he taught there last summer, it is a very interesting program, in fact they actually pay them $5 or $6 an hour and they work all day, and they approach it in a very business work like environment attitude, he likes that approach, and part of his curriculum is based on that idea with the master artists apprentice idea.  Chairman Hines reported it is very difficult to get into that program, maybe having something in Avon where people would be willing to pay and you might have quite a large crowd.  Mr. Noelke reported yes.

The Farmington Valley Health District would also still be in place, and the building needs to be occupied to keep the revenue going.  A part of the building would also be available not dedicated to art, to hedge against the highs and lows of use, with people dedicated to using their hands for other creative things, for balance purposes.  

Chairman Hines reported it look as though you have generated quite a bit of funds, and with the Farmington Valley Health District and what they are paying, it would be only a small portion of its potential. But you need to look at not only the upkeep, but repairs that need to be done to that building as well, there are some major items such as roofing.  If it were a school today, and what you are proposing is a school, we do not know what the State would look at it as, but if the Town were to go in there now and to run it as a school again, we might have to bring it up to all of the building standards, and you might have to do that also.  That could be a big expenditure, for elevators, access for handicap, and some other major items, that could be additional expense beyond what we think of with the problems with the mechanical systems which are on the list developed by Public Works, including windows, it is big money.  Mr. Noelke reported the Town Manager had discussed it briefly with him, there are problems with the roof that need to be addressed, and the heating system is eating up the revenue.  He reported he does not intend to do a major renovation, but if he is caught by code because of the State and forced into certain situations, that is one thing, but when he originally rented Towpath gymnasium, he was given the key, and said good luck.  He went there and cleaned the floors and waxed them and built walls, played with the heat and got it going, and that is typically the type of things he would do.  Mr. Woodford reported but that is not as a school.  Mr. Noelke reported that is correct, but these artists are basically going to be doing a similar thing to what he is now doing, and the Farmington Valley Arts Center is already using the area as a classroom.  He is not planning on making this a plush area with carpets, etc., it is going to be an art work space, but that would not take away from the fundamental problems with it.  Chairman Hines reported there must be someone who could give you some advice, and it might be an architect who knows the present codes and what happens with something like this.  If the Town were to do this, we know we would have to bring everything up to standards, and if you were to open it up today, you might have to make those changes also.

Chairman Hines reported you implied in your proposal, that the Town be willing to become the banker, so that you would not have to pay it all at one time, and we might be willing to do that, as we have considered that for the Farmington Valley Arts Center.  But you also wanted to work with the Town on maintenance over a three year period, and he would not be in favor of that.  If you were to buy the property you would have to take it on, and all that the Town would be is the banker or mortgagee, and from that time on it is your responsibility.  Mr. Woodford reported we are a municipality, and if we were to decide to sell that property, we would have to take other proposals.  We would have to go out with an RFP.   Chairman Hines reported that an RFP would have all of our requirements in it, and Mr. Noelke would have to propose on that.  But in order for Mr. Noelke to proceed, we as a Council would need to be able to tell him whether his proposal sounds good, and whether we would be willing to go that route. Therefore we would have to know what he would be willing to pay for the property, a year ago our Assessor gave us an estimate on the property which was so much per acre and what the buildings would be worth, and obviously the zone would need to be changed in order to make it any kind of valuable business area, and he came up with somewhere in the $850,000 to 1.1 million dollars as the property value at that time, based upon their condition and so forth.

Mr. Woodford reported we must first decide whether or not we want to sell the building.  Mr. Carlson reported exactly, and he does like the proposal of having an arts community here is very novel, a wonderful concept of growing a community.  It is incumbent upon us, as a group to decide whether we want to sell the property, then do a proposal which is then open to anybody to bid on.  Chairman Hines reported we will probably not decide that we are going to sell it now, because we would like to see whether there is some interest, and something that makes sense, and this looks interesting.  Another Avon resident spoke with the Town Manager about an idea that looked interesting as well, which might fit in with the Town, and this is a transitional use between the residential community and the business just down the road.  Our greatest worry is that we may get some major expenses for the building, and not know whether we want to do it or not, with only three tenants there now.

Mr. Noelke reported with his plan he would assume everything that happened would be educational, and would rather not change the zone to commercial, as the long term preservation of the building would be better off in keeping it zoned that way.  The Town Manager reported it is zoned residential now with an educational use as a special exception.  Mr. Noelke reported this is such an ideal sculpture studio with that north side, that he is willing to give it a try, also this gallery being across the street from the hotel, could be very interesting, but also he could envision a situation with the hotel where someone like a well known landscaper could come here and use the studio, or in the fall people would come here to stay and paint, another way of generating revenue.  Chairman Hines reported he could also work with the Farmington Valley Arts Center to help out.  We do not know how many bids we would get, if we were to do an RFP, and we do not want to go out to bid if there were no interest, and clearly Mr. Noelke has presented something interesting, and Mr. Hayes presented more of a recreation area idea, which has potential too, something compatible and something the residents would like.  Mr. Noelke reported he has not conferred with Mr. Hayes, but assuming it is a recreation area idea, the gymnasium would be pretty much what he would want.  Chairman Hines reported maybe two-thirds of the building would be used for recreation, so that the two plans may not be compatible, unless you talked about an addition.                                                           

02/03-18        Review and Discussion: Sprint Cellular Tower Installation: Avon Landfill
The Town Manager reported we do not have a draft agreement prepared, but we have resolved the issues surrounding the project that we discussed at the last meeting.  Mr. Regan, Representative of Sprint, reported we have taken all of the comments from the last meeting, and what we have done is we checked with regard to the cap of the dump area, which is sufficiently away from the road that we can sink the utilities under the road, in fact there is a full utility transformer which was put in for the fields area, and we may go underground from that to the road, but either way we avoid the overhead utilities and that takes care of that concern. We have also, at the request of the Town Planner, put in 71 evergreen trees screening the entire dump road from the fields and from the subdivision, and will also put a wood rail fence in.  The only other issue was with regard to the question which we worked out with the Town Manager, with a provision where if and when the Town goes onto the tower, Sprint operationally does not have people to snow plow so the Town will have to, therefore Sprint will pay a monthly fee into an escrow to pay for a portion of the plowing, then equal it out at the end of the year.  Chairman Hines questioned how the Town Manager feels about the agreement. The Town Manager reported we have fencing in the agreement, we have landscaping or buffering with trees, underground power, and we have reached an agreement on the plowing issue which would include the Town and Sprint sharing the costs 50/50 once additional antennae are put on the towers.  The new language needs to be incorporated into the agreement by the Town Attorney’s office, and because the Town owns the property and it is a modification to the property in terms of a capital improvement, we need a conformance review by the Planning & Zoning Commission to proceed.  This will meet the Town’s needs in terms of additional towers for when we go through refarming and some of the other provisions of our emergency communication system.                

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED:       That the Town Council authorize the Town Manager to sign on behalf of the Town of Avon the Sprint Cellular Tower Installation Agreement, with conditions outlined above,  subject to Town Attorney approval.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

02/03-52        Buckingham Athletic Fields: Award Sprinkler Bid
The Town Manager reported we received the sprinkler bid documentation.  We would like to act as quickly as possible as those fields are going to be seeded, and the sprinkler system needs to be installed first.  The Superintendent of Public Works reported the lowest bidder did not include as requested in the RFP, the statement of abilities, the insurance certificate, or the acknowledgement pertaining to addendum #1.  Mrs. Hornaday reported it is easy to be the low bidder if they do not meet all of the conditions, they just take out a few things that cost money and submit it.  The Superintendent reported there were other vendors that had, and he disallowed the lowest bidder, and would like to accept the lowest qualified bidder.  The lowest qualified bidder has done quite a bit of irrigation work for the Town.  The Town Manager reported they have done the primary work at Sperry Park, and maintain the ones at Fisher Meadows.  

On a motion made by Mr. Carlson, seconded by Mr. Shea, it was voted:
RESOLVED:       That the Town Council award the bid to the lowest qualified bidder, Anderson Turf Irrigation in amount $81,583. for installation of the sprinkler system at Buckingham Athletic Fields, as recommended by the Superintendent of Public Works.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

02/03-72        M. H. Rhodes Building: Award Bid: Demolition
The Superintendent of Public Works reported the abatement of the building has been completed, the Town has received certification of such from the company, it cost an additional $275 as it required a third air sample for abatement to be complete.  Chairman Hines questioned whether the DEP has been made aware of this.  The Superintendent reported they do not need to be, the DEP has been in touch with the Town on other issues concerning the property and it is moving as smoothly and as quickly as it possibly can. The Superintendent reported the bids for M. H. Rhodes building demolition, were received.

He reported he would point out two things with regard to the RFP’s and the bids, he chose to go with the one option that the RFP stipulated for the stockpiling of the ground asphalt and gravel, the Town can put that to good use, it is a cost savings down the road for parking lots and such.  He used that figure as the operating cost in compiling the total for the bids.  There is a very minor dollar difference between the Bianchi bid and the Manafort Brothers bids, and the difference was in the options that the Town requested, and Manafort Brothers was $40 cheaper on the demolition itself.  Given those facts he just wanted the Town Council to be aware of everything that was brought to his attention.  Bianchi was the lowest bidder that was qualified, and he did receive two high recommendations from government or government built organizations.  Bianchi is an out of state outfit that moves their large operation from location to location, depending upon where the work is.  Manafort is a local company in Connecticut that the Council has heard of, and it is the Town Council’s ultimate judgement as to where we should go with this.  The Town Manager reported he has no concerns at this point, the Superintendent has done the research, and Manafort is a known quantity and is close by, however they are not the low bidder, even though out of $185,000 they are only $1,300 off, but we have always gone with the lowest bidder, if they are the lowest responsible bidder, and despite the last minute negative article, we have other positive references, and we did not do research on Manafort to see if they had ever been cited by anyone for anything.  You cannot be in business with the regulatory environment that we have today and not at some point stub your toe somewhere.  We have positive references and a low bid.  Chairman Hines questioned whether the company will be bonded.  The Superintendent reported they will be bonded and the Town Attorney is drawing up a contractual document for them to sign, and he did receive today their statement of financials for the past fiscal year that the Town Manager will review.  

The Town Manager reported the demolition will more than likely take place during the opening weeks of school, and we anticipate that the time for taking this building down will be anywhere from two to four weeks.  We are going to work their removal activities and other activities around the school schedule, in terms of the morning and afternoon, so that we do not have trucks from the demolition going with busses and parents down the road.  The Superintendent reported we received excellent recommendations on a building owned by the City of Redding, Pennsylvania, and the demolition was completed in the Spring of 2002, and the City of Geneva, New York with a demolition completed in November of 2002, being a $150,000 project, and a $320,000 project respectively.

On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted:
RESOLVED:       That the Town Council award the bid to the apparent low bidder Bianchi Industrial Services LLC in amount $184,000, for the demolition of the M. H. Rhodes Building, as recommended by the Superintendent of Public Works.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

Mr. Shea questioned whether we needed someone on site to help with the outgoing and incoming trucks.  The Superintendent reported the first thing he would have to ask would be their method of demolition, whether it is going to be a de-construction method or a demolition, and that would really be key as to how much product is getting moved, if they start to stockpile it on site - metal, concrete, steel – and then load and get it out that obviously will be much easier to control.  If it is a demolition where everything is going to be in one pile, it is going to be a fast and furious process, which will be a bit more difficult to control.  Chairman Hines questioned where the demolition materials are going.  The Superintendent reported that is part of the RFP, they would have to submit to the Town of Avon, a detailed plan not only of where their product is going but a recycling plan, because part of our criteria was that we want as much of this material recycled, so we will be getting a detailed plan, once it is awarded.  Mr. Carlson reported we need to follow up on Mr. Shea’s question, West Avon Road during school hours has a lot of traffic, and we have to ensure that there is no additional traffic on that road.  Mr. Shea reported one thing that you might want to talk with the Police Department is that the trucks might take a wrong turn accidentally, and try to go through Old Farms Road, which is not going to be good.  The Superintendent reported it will be in our best interest to dictate where they can go and cannot go and when, he will discuss with the Town Attorney to include this.  Mrs. Hornaday reported the Board of Education should be notified when this is going to occur, because if they chose to for the short period they could have the busses come through the Pine Grove and across there, so that they could have the busses come another way if they chose to.

02/03-102       Appointment: Alternate, Zoning Board of Appeals   

On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted:
RESOLVED:  That the Town Council table the appointment to the September 4, 2003 meeting.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

NEW BUSINESS
03/04-04        Bid Award: Replacement/Refurbishment Department of Public Works Garage Vehicle Lifts
The Town Manager reported you basically have a copy of a recommendation that we accept the State awarded contractor for the removal/refurbishment and moving of the garage floor lifts that we have within the Public Works Department for our vehicle maintenance. The Equipment Maintenance Foreman and the Director of Public Works are here to answer any questions.  Mr. Woodford reported with the knowledge he has right now, he will not vote on this, it bothers him, the way this was done and not put out to bid, it was a negotiated contract with very few people involved.  The Town Manager reported they are off of the State’s bid list, and our purchasing regulations allow us to take State bid companies.  Mr. Woodford reported this is not a commodity it is a negotiated contract.  The Town Manager reported the State put out an RFP for companies that would do maintenance and repairs and replacements and construction of new hydraulic lifts and they came up with this particular contractor, and it is on the State list, in other words the State went through the RFP process.  Mr. Woodford reported here you have a company that states it is going to take him 50 hours to do this, maybe the job should take 10 hours, this is not a bid situation.  Chairman Hines reported in general if you were going to do this kind of work, the State develops a qualified bidder list of contractors for this type of work because their prices were competitive.  The Town Manager reported this contractor, if the State was replacing their lifts in their garages, this contractor would be the contractor that would be doing the work based upon the specifications for the particular job.  Mr. Woodford reported he is talking for himself, not as the Council, the bid process bothers him.  The Town Manager reported if the Council feels uncomfortable with it, you should not move ahead with it, and we will go out with an RFP, and do a whole separate process.  Mr. Woodford reported commodities, toilet paper, gasoline are a unit price - this is not a unit price.  Chairman Hines reported in general, he thought we were getting a better price, through these negotiations with the State, where they come out with a list.  This is a little unique, in that maybe the parts are the same but constructing it and building it could be a variable.  The Superintendent of Public Works reported the negotiated numbers are the price of the lifts and the negotiated hourly rate for the labor to install those lifts.  

Chairman Hines questioned how critical is it that we put these in, as a safety standpoint.  The Superintendent reported we have been waiting over a year for it, he would do anything the Council requests to expedite this as quickly as possible.  Mr. Carlson reported he agrees with Mr. Woodford, although he understands what you are saying about purchasing policy, but how many non commodity $100,000 plus jobs do we do?  In his relatively short time on the Council he cannot recall any like this, and he cannot believe that this is commodity in its nature, and he would like to see a couple of bids from others.  Mr. Woodford questioned whether the only companies qualified to put in the lifts in our garage, are only on the State list, there must be other contractor out there that are well qualified.  The Superintendent reported he cannot answer that, but he would say it is not the fastest moving construction trade out there, and there may be a very limited list.  Mrs. Hornaday reported the people on the State list are certified by the State, that they are certified like other professionals would be.  Mr. Shea reported there are five other bidders on the State list, and he is not interested in someone that the State has not approved to do this, it may be worth our while to try to find out if any of those companies on the list would be willing to bid on this.  Mr. Carlson questioned whether we could go through the same process that you went through, without having to draw up an entire bid, there had to be some process that you went through whereby these companies came up with their numbers.  We can go through the same process, without your staff having to put together an RFP document, whereby they could come out, take a look, and come up with proposals for it.  The Superintendent reported he believes that is possible, but he does not know how many of those five, actually utilize the lift that we thought might be best for the Town.  Chairman Hines questioned how he selected the contractor.  The Superintendent reported we selected the lift first, the lift of choice for the operation of the garage.  The Superintendent reported this was a preferential decision, the men in the garage stated that this was the best lift for our application.  Mr. Shea questioned whether one of the other four bidders on the State list have access to that lift.  The Superintendent reported he does not know that, it might be a different product.  Mr. Shea questioned whether they would have territorial licenses to certain contractors to sell certain equipment.  The Superintendent reported he  does not know how many contractors there are available for this specific lift we were requesting.  Chairman Hines questioned whether there was a dealer for that lift.  The Superintendent reported there is a manufacturer, and he is an authorized dealer of that manufacturer.  Chairman Hines reported then if you were to specify this equipment to those on that specific list, then maybe some could not or could do it.  The Superintendent reported that is correct, and he cannot answer that question this evening.  Chairman Hines reported if you decided that this is the best lift, that is a little different, there may not be that many producers, and this is the right product then you are limited somewhat.  Mr. Shea reported we can check with the other names on the State Bid list, to cross reference the specifications and the prices, then return to the next meeting. The Equipment Maintenance Foreman reported the longer we wait with this process, the closer we get to winter, a we get towards winter and we are without lifts, we cannot care for our trucks, that is the only trouble.  Mr. Shea questioned how long it would take for them to do this job. The Foreman reported the company told us it would take six to eight weeks to get these lifts ordered to his place, then after that it they would come in and it would take a month to install the lifts.  Mr. Shea reported he airs on the side of checking with the other contractors, to see if they can do it, faster than in six to eight weeks.  The Town Manager reported we should come up with a set of specifications that mirror what we put in here, then go out to bid, and get it back for the next meeting, go to all five vendors, or we can even place a national ad, if the Council wants.   

Chairman Hines reported he is willing to go along with this one now, understanding the concerns that Mr. Woodford brought up, and there is general agreement on all of it.  Then in the future, on something like this, we want to go out for a bid as best we can, and if we are not going to do that, then come to the Town Council first for an exception.  Chairman Hines reported there is a general feeling here the we want to go out to bid whenever we can, and it may need to come back with a recommendation from the Town Manager as to how we might do something differently in this area to kind of meet the Council’s concerns in this area.  Mr. Shea reported what we have been doing in the past is not broken, our system is not broken, the issue is that we would just like to see a bid on this project.   We just need a couple of bids by State verified companies, under conditions that you are comfortable with.   The Superintendent questioned if there are no other manufacturers or dealers of that lift, can we accept this bid.  Mr. Shea reported please explain why you need that particular lift. The Superintendent reported it is not a question of need, you could pick up 30,000 pounds with one or the other, it is the ease, the maneuverability, the containment, the application.  He is not going to tell the Council that we need this particular manufacturer.  Mr. Shea reported he is comfortable with the Superintendents expertise, but he just does not know enough about lifts.  

The Town Manager reported we can table this to the next meeting, we will come up with generic performance based lift specifications, what it actually does, that there will be no preferential treatment of any particular manufacturer or type of lift, if it meets the performance specifications of what it needs to do to perform the job, then we bid that out as a separate thing, including its installation. We may end up with the same manufacturer, but it will be bid out.  Mrs. Hornaday reported this is like the fire trucks, we end up with them specially made, and it is because we prefer it - that is what they say when they come, that they want these various things.  She has no problem with them saying this is what we want - not that hydraulic lift which she is assuming is manufactured by someone else, but that this company then orders that hydraulic lift and installs or does whatever the work is.  The Superintendent reported that is correct.  Therefore the differential is not in the product we want but in the cost of the service to do the work.  The Superintendent reported that is correct, and the ability for them or someone else to possibly install it.  The Town Manager reported he would submit that the lift that you may be ordering did not go out to bid, it was not a generic lift, it was a custom lift.  Mrs. Hornaday reported she does not care about that, what she is saying is that if there is agreement on the people who do the work, that this is the preferred type, preferred style or whatever.  

Mr. Woodford reported we should be vigilant in trying to get the most generic standards we can - and this is not a disparaging remark about anybody in this Town - but when you have people in an organization making decisions on a very certain specific product, you can get in trouble.  He reported with everything including our police cars, and trucks, we should never try to spec out any particular model, and you should be vigilant about that also.  Mrs. Hornaday reported we look to professional people, those who work for the Town, for their professional advice, as she does not know anything about a hydraulic lift, therefore she is relying on the Equipment Maintenance Foreman and the Superintendent to give us their best advice on the lift, and she agrees with what is being said.  She understands what is happening here, and she thinks that if we want to go with a generic thing, and the rest that is fine, but we would want to make sure that it included all of the features that the people who are doing the work and working with the equipment feel that they need.  Chairman Hines questioned what the Council wants to do at this point.  Mr. Carlson reported it was stated we would look at developing a generic bid document, and release it to the other vendors on the State bid list, that can meet the requirements.  The Superintendent reported if we are going to do a generic bid document, he would just post it to whoever is out there.  Mr. Carlson reported at the next meeting we will either accept this proposal or one of the other ones. Chairman Hines questioned whether it would be possible to move quicker than a month, that you would want an answer before that.  The Superintendent reported it is not going to be that quick.  Chairman Hines reported he would assume you would have a little problem in getting everything back to us in a month.  The Town Manager reported it would probably be in the October agenda.  The Superintendent reported this would turn into a spring project, we cannot go into the winter with the garage torn apart, it is month long project, and it is going to take us a month to put this down on paper.  The Equipment Maintenance Foreman reported from the time we go into this process, to the time we actually get to award the bid, it would be three months after that before those lifts are here.  

Mr. Carlson reported since Spring of 2002, he was concerned then about safety.  He questioned what the safety risk is here by continuing to use the lifts that are in that garage today.  The Foreman reported he has a lift right now that he has no safety’s on it, he has tried continually and cannot get them.   The Town Manager reported if the lifts are not safe they will not be used, and we will find an alternate method of dealing with it or we will go ahead and stagger them to have them done one at a time would be appropriate, scheduling so that we can use them.  

Mr. Woodford reported he is not sure that after the point that he has made, and he hopes he made it well, that we should not just do this, and be aware that in the future this should not happen.  Chairman Hines reported that is what he would like to do.  From a safety standpoint, and all of the work that has gone into it, to try to get this done, we have a contractor who probably has given you this price, and he probably has it in his schedule and can have it for you quickly.  Mr. Shea reported he would like to move that we award the contract and authorize the Town Manager to sign whatever contract he needs to in order to get this done as soon as possible.                                 

On a motion made by Mr. Shea, seconded by Mr. Carlson, it was voted:
RESOLVED:       That the Town Council award the contract to Ray Jurgan Inc. in amount $149,870, and authorize the Town Manager to sign the contract for the replacement/refurbishment of the Public Works Garage vehicle lifts, as recommended by the Superintendent of Public Works.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-05        Request for Supplemental Appropriation $1,516; Police Overtime; Fireman’s Carnival, Avon Volunteer Fire Department

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $1,515 from Account #01-0390-43913 General Fund, Other Financing Sources, Undesignated Fund Balance to General Fund, Special Services, Other, Account #01-2109-51019 for the purpose of funding police services for Avon Volunteer Fire Department Annual Carnival.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.  

03/04-06        Request for Supplemental Appropriation: $10,871;(returned Fiscal Year 02/03 Unexpended Balance) Fire Co. #1 Kitchen Renovations, Avon Volunteer Fire Department
Chairman Hines reported the Town Council has been in favor of the renovations to Fire Co. #1’s kitchen, in this request you will use unexpended funds to accomplish this.

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council favorably recommends to the Board of Finance  an appropriation
not to exceed $10,870 from Account #01-0390-43913 General Fund, Other Financing Sources, Undesignated Fund Balance to General Fund, Capital Improvement Projects Facilities, General Fund Capital Improvement Project, Facilities, Avon Volunteer Fire Department Co.#1 Kitchen Project, Account #01-8501-53035 and Capital Projects Fund (Facilities & Equipment),Town CIP-Facilities, Account #02-4829-53035 for the purpose of funding Co. #1 kitchen project with 2002/2003 return of Avon Volunteer Fire Department budget balance.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.  

03/04-07        Request for Controlled Burning of Abandoned Building, (Former Cooper House, 172 West Avon Rd.) Avon Volunteer Fire Department
Mrs. Matthews, 160 West Avon Road, reported she lives right next door to the Cooper house that is scheduled to be burned down.  Her question is how they are going to contain the particulates that are produced and since she lives next door she is concerned about it.  Chairman Hines reported on the asbestos issue, the Council will decide tonight whether we would want to allow that house to be burned or not.  The Fire Department will check into all of those kinds of problems before they decide to burn it, they are the best qualified to handle it.  The Fire Department Training Officer reported there are only one or two areas in that structure that would have asbestos, in the kitchen in the tile floor and in the furnace in the basement and we will have it removed first. The President of the Fire Department reported it is a misconception that we are going to burn the house down, we are going to do a series of controlled burns in various rooms, to train fire fighters.     

Chairman Hines reported this request for a controlled burn training of fire fighters, seems to be in an area which is abandoned, the closest house is far enough away so that it can be protected, the equipment will be there and it is a wonderful opportunity for additional training.  Mr. Carlson reported he would like to know exactly what their plan is.

The Fire Department Association President reported we have been drilling at the location for a month now, with artificial smoke, which is essential to our training.  The Training Instructor reported the main reason we want to use this structure is that all of the areas we have for live burn training are in the process of renovations and are quite costly, we are probably looking at another year or two before we can use them again.  To be in compliance with NFPA and all standards, live fire training is twice a year, for firefighter skilled professionals, and this particular structure gives us an opportunity to do that.  There is also a lack of exposure to other structures, and we will do our utmost to minimize that even further.  We ideally would like to do this on a Saturday, so that we could have our members there for a considerable length of time, especially with this type of structure for safety.  Chairman Hines questioned whether they would be notifying all of the property owners adjacent to it, letting them know that it is going to happen, ahead of time.  The Instructor reported there will be a letter, and also door to door notifying them.  Chairman Hines reported the important thing is to tell them how important this is to training, and how few opportunities we get to do this, and remind them that you are volunteers.  

Mr. Shea reported first of all thank you for coming, but he is not supportive of the live burn, but he is supportive of the fire department.  He questioned them saying they have not had a live burn experience in two years, where was that.  The Instructor reported it was in Simsbury.  Mr. Shea questioned whether the have had opportunities to do live burn and chose not to, or it was not available.  The Instructor reported it was not available, and the trend throughout the state is that all of those areas are closing because of problems with browning of the areas from fires they have had there over the years.  Mr. Shea questioned what other area towns are doing in an effort to address this live burn experience.  The Instructor reported they are doing live burns like we are, and the Connecticut Fire Training is available to us, but it is a distance for us to take our apparatus to for training purposes out of Town, it is manpower intensive and we need to have a certain amount of bodies there in order to perform the drills and do all of the facets of the drills, which strips the Town of the fire fighters we would have to respond quickly, so we try not to do that if at all possible.  The other problem with it is that the facility is limited on the experience level that people can get from it, because it is gas fired, and set at ventilating when it reaches 500 degrees, the variables are set for safety and only allow you to take new people for training.  The structure on West Avon Road gives us the best possible type of training as it is typical of what we are going to go to, when we go to a house fire here, that way it is a real life situation for them to work on problems.  

Mr. Shea stated he shares the Chairman’s concerns in saying it appears to be an ideal situation, but wonders what kind of precedent we are setting for other Council’s in the future.   How do we draw the line to what is a good live burn, and what is not.  In this case it appears as though one or two members might think this is ideal, and he may be swayed to agree.  Chairman Hines reported we did say no the last time, with the number of trees and houses around it.  Mr. Shea reported we discussed at that time as to whether we should provide the fire department with an opportunity for live burns in our community or whether we should provide the fire department with an opportunity to go somewhere, a regional site, where they could train.  He is not opposed to this, but a little more concerned about the next request for a live burn.

Mr. Carlson reported the last time we voted based on the philosophical situation, not just the fact that it was not an ideal place, so he is concerned about this being a precedent setting event for us, although that may been set years ago depending upon whose memory we rely on.  The Association President reported a lot of things have changed also, and there are very specific safety requirements.  Mr. Carlson reported he was going through the letter, and it looks like what you are doing is an interior burn, and your intention is to keep it on the interior of the structure.  The Instructor reported in the hopes of having approval to be able to do training we have been using fake smoke and not made any changes to the structure.  Chairman Hines reported if you are successful in your request to use it, you will be able to maintain it within the building.  The Instructor reported yes.  The Association President reported we would not want to be able to only set one fire, we have many firefighters that we would want to get through and get some experience.  It would be setting the fire and putting it out, and repeating it over again throughout the one day.  We need to be doing this on a yearly basis, and our ideal is to either build a place on a regional basis that we all can use, or to have one available to us that we can go to twice a year.  Chairman Hines reported if he voted in favor of this, it is not to say that he is automatically agreeing to any future burns of this type, he would look at each one individually.  Mr. Woodford reported this is a rare opportunity for us to provide them with some really hands on, good training.  Mrs. Hornaday reported she agrees.  The question she has is after this day, it is a one-day training, then is the house taken down, by the construction company, as she is concerned about the attractive nuisance. She questioned whether the building is going to be demolished fairly quickly. The Instructor reported yes, it would be a matter of informing the contractor.  Mr. Carlson reported he is in favor of this, but to have it noted that this does not mean that he is in favor of live burns in general.  He further reported he would want to see a schedule that would say that you are going to burn on such a date, and the contractor is to do demolition on the following day or dates, because as it stands, it is open ended, and he is quite concerned that this thing sits there for a week or a month.  Mr. Woodford reported if the house were to be burned down completely he would be concerned, but with this controlled environment, it should be alright. The Instructor reported he will be there with another control line there in the room, so that there would be no chance of it getting out of hand at any time, it would be immediately put out.  Chairman Hines reported this would not be burning a house down, but internal fire training, and that should be how it should be presented.  Mr. Shea reported it would be dependent upon Town Manager seeing the schedule.  The Instructor reported it would be subject to the Town Manager approving the schedule as noted that we have a week or so.  Chairman Hines reported the Fire Department would be taking care of all of the letters to the neighbors and so forth.        
      
On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted:
RESOLVED: That the Town Council approve, subject to Town Manager approval of the schedule, of a controlled fire training exercise to be held at 172 West Avon Road, the Fire Department to inform all area residents in advance of the exercise.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.  

03/04-08        Supplemental Appropriation $222,611; FY02/03 Board of Education State and Federal Grants

On a motion made by Mr. Shea, seconded by Mr. Carlson, it was voted:
RESOLVED: That the Town Council hereby recommends that the Board of Finance amend the FY02/03 Budget by increasing:  
REVENUES
State and Federal Educational Grants, State and Federal Grants, Special Education #13-0330-43343, $222,611 and increasing:
                                APPROPRIATIONS
State and Federal Educational Grants, Board of Education, State Grants, #13-9401-59200, $222,611, for the purpose of recording additional funds available to the Town from the State and Federal Government.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-09        Approve: FY04/05 Budget Schedule

On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted:
RESOLVED: That the Town Council approve the FY2004/2005 Budget Schedule as follows:
        ACTIVITY                LATEST DATE PER TOWN CHARTER            RECOMMENDED DATE  
        Capital Budget forms                                                       August 01, 2003
           Prepared & sent to Depts.
        Operating Budget forms prepared
          & sent to Depts.                                                                September 05, 2003
        Completed Capital Budget Forms
          returned to Town Manager              February 15, 2004                 October 3, 2003       
        Completed Operating Budget forms
           Returned to Town Manager             February 15, 2004                 November 7, 2003      
        Town Manager’s Proposed Oper. &
                Capital Budget submitted to Town
           Council                              March 1, 2004                     January 22, 2004
        Board of Education Budget to Town
                 Council                                February 15, 2004                 February 15, 2004
        Capital Improve Program Submit to
  Planning & Zoning Commission for
 Sec.8-24 Review                                                         March 14, 2004
Budget Work by Town Council completed
                & Budget submitted to Board of Finance         April 1, 2004                     March 23, 2004           
        Public Hearing on Budget held by Board
                of Finance not later than 3 weeks before
          May 3, 2004 Town Meeting              April 12, 2004                    April 5, 2004
        Board of Finance completes work on
          Budget                                                                          April 19, 2004
        Copy of Budget approved by the Board
   of Finance printed in Newspaper at least
   5 days before the Annual Town Meeting          April 28, 2004                          April 26, 2004

Annual Town & Budget Meeting in May       May 3, 2004                     May 3, 2004

First Referendum                                  May 17, 2004                    May 12, 2004
          
Second Referendum                         June 10, 2004                   June 7, 2004

Third Referendum                          July 7, 2004                    June 28, 2004 
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.             

03/04-10        Authorization to contribute ($900) in CCM  Amicus Curiae: Andover et al vs. Ryan; Andover et al vs. Wyman
The Town Manager reported these were the suits that CCM filed last February to get the State money released to Towns for town aid road money.  There are actually a number of suits involved with it, but the two we are talking about are the new machinery pilots and town-aid road.   

On a motion made by Mr. Shea, seconded by Mrs. Hornaday, it was voted:
RESOLVED: That the Town Council approve of participation in the CCM Amicus Curiae case of Andover et al vs. Ryan; and Andover et al vs. Wyman, and authorize a contribution of $900.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-11        Authorization to apply for Local Law Enforcement Block Grant: $4,000
The Town Manager reported they have requested to use the funding for new printers, as we took 90% of the information technology equipment out during the budget deliberations, this is where they would want to use it, as they had many printers that need to be replaced.    

On a motion made by Mr. Carlson, seconded by Mrs. Hornaday, it was voted:
RESOLVED: That the Town Council authorize the Town Manager to apply on behalf of the Town of            Avon for the Local Law Enforcement Block Grant in amount $4,000, to be used by the                                                                                                                                                                                                              Police Department for the purchase of replacement computer network printers.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-12        Review and Discussion: Approve Request of Cub Scouts to Sell Popcorn at Landfill
Mr. Woodford reported he does not think this is a good idea to have them sell popcorn at the landfill.    Mr. Carlson reported the concept of it just does not sound right.  Chairman Hines reported the idea of the Cub Scouts selling popcorn is fine, but he is not sure that the landfill, the Library or the Town Hall is the place to do it.  Mr. Woodford reported they could sell it at Fisher Meadows.  Chairman Hines reported Fisher Meadows is a better place for it, and he would be willing to allow it, but people should not be bothered at the Landfill.  The Superintendent reported if the  Council were to go along with this, he would probably have them stand near the fuel pumps, as far away as possible from the driving areas, which are already tight with the amount of traffic.  Mr. Carlson reported these stated concerns are very valid.  Mrs. Hornaday reported quickly thinking about this; she does not like the idea of groups selling on the Town property, because the next thing you know others will be requesting to sell.  Most often when these types of groups are selling, usually it is at grocery stores where they set up a little table.  She does not like the idea of it at the landfill.  Chairman Hines agreed, it is too dangerous, and people do not want to be annoyed up there, and with the traffic problems.  Mr. Carlson reported it would strike him that if we, as a Town, wanted to encourage this type of activity from a youth group, and it is good to encourage them, that Fisher Meadows would be the proper place to do it, and then the Recreation Director who controls the schedule of Fisher Meadows can as well control the various groups, girl scouts, boy scouts, once you open this flood gate you are going to get them all.  He does have concern with the traffic flow up there, as we know from our campaigning days.  They could look to Avon Day, which is only a few weeks away.  Chairman Hines reported that is a good idea.  Mrs. Hornaday reported the scouts will have a table set up for Avon Day, they could sell it there.         
 
On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted:
RESOLVED: That the Town Council endorses the idea of the scouts selling popcorn, but not at the Landfill area, encouraging it at Fisher Meadows would be acceptible.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.                

03/04-13        Award Bid: 20K Generator and Transfer Switch, $18,000
The Town Manager reported the memo is self explanatory, it is a replacement generator for the Riverdale Farms Sewage Pump Station.  Chairman Hines reported this lasted quite a long time.  The Town Manager reported about twenty years, but we do regular maintenance on all of our generators.

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED:  That the Town Council award the bid to Reliable Mechanical Contractors in amount
  $18,000, for a propane powered 20K generator and transfer switch, as recommended
 by the Deputy Town Engineer.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

VIII    TOWN MANAGER’S REPORT/MISCELLANEOUS
The Town Manager he spoke with the Superintendent of Public Works today.  In his memo for Town Council consideration, he stated that by the efforts of the Equipment Maintenance Forman they have come up with a replacement loader machine for use at the Landfill, the present machine was purchased through military surplus ten to twelve years ago and was built in 1968.  The memo is self explanatory in terms of the maintenance, the $6,000 for the replacement loader will come from money that we have encumbered for purchasing of surplus equipment.  As this has been approved as part of the budget this memo is more informational in nature.  

The Town Manager reported as a reminder we may want to think about what we want to do with the 175th anniversary of the Town coming up in 2005.  We may want to incorporate some of that into Avon Day, to have the Avon Day committee incorporate that into their planning process, and perhaps appoint a special committee at some point in January.  Chairman Hines reported this should be put on the December agenda to work on getting recommendations for a Committee and appointing in January.  The Town Manager reported they may want a budget to do some activity, and we should get it into the 04/05 budget process.

The Town Manager reported the Pension Investment Management Committee met today to review the listing of the firms that had submitted proposals to be the Investment Advisor of the Pension Fund. The list was narrowed from seven to four,  we are hoping to schedule interviews later this month, and have a recommendation for the September meeting.  Chairman Hines questioned whether they would be receiving a review on the process.  The Town Manager reported there will be a number of pension items on the September Agenda, one of them will be a revision of the methodology of determining how we pay down our unfunded accrued liability, because of the methodology we have been using, we have had very large increases in the Town’s required contribution because of poor investment results.  We have worked with the Actuaries, and they are going to be coming in with an alternative method, which will probably be recommended to the Council that will be used to smooth out the pension contributions of the Town.  Another item on the pensions that we will have on there, hopefully, although we may not have it ready, is that a year and a half ago the Town Attorney recommended that the pension plan document should be adopted in an ordinance format, and we might have those ready.  The third item would be what he was just talking about, which would be to name a replacement for Watson Wyatt as our Investment Advisor, which is not the person that manages the money, this is the person that oversees the firm that manages the money, and will also help us develop the retiree medical trust fund, a GASBE requirement that we have to make to fund those benefits and other things.  

The Town Manager reported he included a copy of ‘In the woods’ which is the publication, newsletter, of the Farmington Woods Association, and you may have noticed in there that Paul Shorno who is their Manager has celebrated ten years, and it might be appropriate if the Town Council prepared a letter, plaque, or citation congratulating him on his ten years there.  He has worked very well with the Town, when we have had issues with the Fire and Police and sewers and other things.  Chairman Hines reported the party for him is on Sunday the 17th from 2:00 p.m. to 4:00 p.m.  The Town Clerk reported the resolution has been completed for the Town Council.

The Town Manager reported we did also receive a request for the presentation of an Eagle Scout proclamation, and it has also been completed for the Council to sign.    

The Town Manager reported the last thing he has is the landfill fees.  We received, as you know, a considerable number of letters, e-mails and phone calls about the landfill fees.  Not so much the increase in fees from $75 to $85 and the $45 to $50, although there has been some grumbling about that, but the major issue are the add-on fees over the period of the summer for individual items and brush.  He had the Superintendent of Public Works prepare a memo that included a chart which showed the old fees, new fees and the amount of money that we had collected on them.  He does not know whether the Town Council wants to any action on that, or leave it as is.  Chairman Hines reported he would like to make a recommendation.  Our increased fees have hit the lower income people the most, we threw out all of the fees on the brush for the nine months, we are down to three months in the summer.  He would recommend we eliminate all of the fees, except for the full size pickup that is more than half a load is $25, and would take care of someone clearing a lot.  Those smaller fees are more annoying and a problem, and for the metal, use discretion, from $1.00 to $5.00 depending on what it is.  The Superintendent reported those that work there all have discretionary views of varying degrees, and he will clarify that issue with the entire crew.  Chairman Hines reported he looked at different ways of trying to eliminate the fees for cars on the brush and grass, and it gets to a bookkeeping system that is terrible, so just eliminate them.  If a person is clearing a lot he must pay something, but he would recommend for the others to just eliminate them.  We may lose about $5,000 in revenue but it will buy a lot of good will, and you are going to find good will with the seniors as well who are probably being hit very hard.  Mr. Woodford reported he agrees, and that includes the grass.  Mr. Shea reported he agrees.  The Superintendent reported we are talking of the bulky waste site where we accept leaves, brush and grass clippings, and we are only going to assess a fee for pickup trucks and or trailers.  Chairman Hines reported anything that is more than a half load, automobiles are free, but many people may no longer have a car anymore, they can have a half load in a pickup truck, therefore eliminate the first two categories of $10 and the $15 as well, but retain the fee for the more than half a load on a full size pickup for $25.  The Superintendent reported if the Council is going to go that far, he would be so inclined as to remove the full size pickup from the list also, as that would be discriminating for someone’s personal taste for the large pickup versus a small pickup.   The Superintendent reported it is not the big loads as much as the repetitive loads, and that is the only reason he says that, and if we are going to open it up for a whole year, then why would we look at one particular vehicle for a three month period of time.  The revenue will not make it viable.  Mr. Shea reported he is right.  He questioned whether any of their suggestions are decreasing the fees that we had before.  Chairman Hines reported yes, the only one would be on the metal, with discretion from the range of $1 to $5, because we were not charging for those things before, but the new fees for businesses will remain and  will make money.  We should send a note to all of those people who contacted us about this.  The Town Manager reported if you decide to do this, you need to add it to the Agenda as an agenda item, then vote to modify the fee schedule.  Then we will go ahead and notify them.  Mrs. Hornaday reported when you initiate new fees, she did not envision the metal fees being for small pieces, and when the Town Manager develops this generic letter, it should address this issue as well, these people talked to her directly they did not send letters, so we need a statement in a letter or elsewhere that we have revised our schedule based upon our experience, we also need to make it clear to people the increases this town is getting, how much that increase was to us that affects the operation of the landfill and we need to get the money.  The Town Manager reported one point he wanted to make is that we need to keep in mind the longer term strategic issues with the landfill too, and one of those is the CRRA, we are going to have continual increases from them for a significant number of years, we also have to look at the life expectancy of the bulky waste site, which we might have enough to go out, depending upon volume, to about 2012.  Mr. Shea reported we solved the short term problem, we still have a long term problem, and it is really going to be hard.  Mrs. Hornaday reported she would suggest when people are throwing away an old toaster or something, why do they have to pay $5 for it.  Chairman Hines reported the workers will use more discretion.  Mrs. Hornaday reported the metal fees should be for something big, and not for small household items.  The Superintendent reported he will meet with them, we can overcome that very easily.  He would like clarification from the Council on the pickup truck issue, and on commercial vehicles coming in claiming they are working on resident lawns.  Mr. Shea reported the Superintendent is the one that has to police it, so we need his suggestions.  Mrs. Hornaday reported the commercial people should pay, because they do not bring material from one house.  The Superintendent reported if they are a lawn service, typically speaking you would not generate a truck full of grass from one lawn, he is going from one lawn to another, then they tell us that they did one household. Since it is a commercial vehicle we should charge them the fee for it, but he would like clarification.  The Town Manager reported grass clippings are one of the 13 items that are to be recycled, they cannot be thrown in with the regular trash,  but if it is a commercial lawn service that is bringing those in, then that would fall under the commercial fees.  The Superintendent reported he would recommend as far as a regular pickup truck, that we eliminate the fees, it does not generate that much money, and he would charge fees to any commercial vehicle that enters to dump at the landfill area for all twelve months.  Mr. Woodford questioned whether towns through commercial carriers have bulky waste days once in a while for refrigerators and such.  The Superintendent reported yes, and it is free in some towns, but it is by appointment for large pickups.

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council add to the Agenda item # 03/04-14 Adjustment to the Landfill Fees.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.  

        03/04-14 Adjustment to the Landfill Fees

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council eliminate all residential fees for Brush/Leaves/Grass/Bulky Disposal at the Landfill Site, also change the discretionary residential fee ranging from $0 to $5 for metal items.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

The Town Manager reported the FRWA, Farmington River Watershed Association, is celebrating their 50th anniversary, and we could send a letter to them from the Town of Avon. It was the consensus of the Town Council to have the Town Manager send a letter to the FRWA in honor of their anniversary.  

The Town Manager reported we received letters from different sources, one from the Plainville, the CATV appointments that will come up in January.  Chairman Hines reported we should reappoint them now.  

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council add to the Agenda Item # 03/04-15 Appointments: Plainville Area Cable Television Advisory Council.      
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-15 Appointments: Plainville Area Cable Television Advisory Council

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED:       That the Town Council reappoint Verbal Angelica and Anna Kron to serve as Council Representatives on the Plainville Area Cable Television Advisory Council for  2003/2004.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

The Town Manager reported we received a letter from Florence Stahl regarding being a representative to the Secret Lake Association. There also is E-mail from Secret Lake Association that they have a new president of the Association, his name is Kevin Goucher.  There are some issues that are perking over there, that they want to put a gate in on Secret Lake Road and so forth, which they have the authority to do as their own association.  Chairman Hines reported they are concerned with golf course area being redone, and what is going to happen.  The Town Manager reported the Fire Department is not pleased with it, and  scheduled a meeting with Peter Marzano on some of these issues.  Mr. Shea questioned whether Mr. Marzano is interested in being our representative.  The Town Manager reported he certainly has had a strong interest the last couple of years.  Mr. Woodford reported if they did something like that he would think that we would be much more adverse to funding any kind of maintenance on those roads if they are going to put card access there.  Chairman Hines reported absolutely.  Mr. Shea reported how are we going to be able to maintain the roads?  The Town Manager reported he does not think that there is universal acceptance over there.  Mr. Woodford reported you might want to mention that to them.  The Town Manager reported he certainly will.  Chairman Hines reported he spoke with Mrs. Stahl about it and she said there is no agreement among the Secret Lake people, no matter what the issue is, but the golf club has brought a new problem to them and they are now more concerned.              
               
IX    EXECUTIVE SESSION: Litigation/Negotiation – None

X    ADJOURNMENT
The meeting was adjourned at 10:10 p.m.

Attest:



Caroline B. LaMonica
Town Clerk