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Town Council Minutes 01/8/04
AVON TOWN COUNCIL
MEETING MINUTES
JANUARY 8, 2004

OATH OF OFFICE:  Town Clerk
The Town Clerk administered the oath of office to the members of the Town Council.

CALL TO ORDER:  Town Clerk
The Town Clerk called the meeting to order at 7:30 p.m.

NOMINATIONS AND ELECTION OF COUNCIL CHAIR:  Town Clerk
The Town Clerk called for nominations for Town Council Chair.

On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted:
RESOLVED:       That the Town Council appoint Richard W. Hines to serve as Town Council Chairman.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

MINUTES OF PRECEDING MEETINGS

On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted:
RESOLVED:       That the Town Council accept the minutes of the November 20, 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 accept the minutes of the December 4, 2003 meeting as amended.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

COMMUNICATION FROM AUDIENCE
State Representative Kevin Witkos attended the meeting to present to the Town Council a State Grant check in the amount of $93,000, to be used to complete the Buckingham recreational project.  He reported he was advised by the State that if he had a project in his district that was ready to be funded he could apply for a grant for approximately $80,000.  However, when the project was on the Bond Commission agenda, the Governor stated not to be concerned with an $18,000 matching grant by the Town, the State would like to fund the whole amount.  

The Town Council and members of the Recreation Committee that were attending the meeting thanked Representative Witkos for his efforts and stated through the combined efforts Senator Herlihy and Representative Witkos the Buckingham Project will be complete.

Chairman Hines reported we had a grand opening of the Avon Chamber of Commerce, and our two Representatives and our Senator presented a resolution, it was very much appreciated.  We had the Grand re-opening of the Big Y store, and Representative Witkos was there.  Also we appreciate the Resolution Representative Witkos presented for the members leaving the Board of Education.  Representative Witkos reported it is his pleasure to be here and serve the Town of Avon.       

Linda Merlin, 48 High Gate Drive, reported she read in the newspaper, projections of growth in the Town and the amount that it could be built out, and the projection of where there is still land left to be built.  Everyone in this Town knows that over the past couple of years there has been a lack of willingness to support the growth of the Town through taxes, and it is obvious that the growth does not support itself.  She is concerned about the gap that is growing between the services needed because of the growth and the lack of a willingness of the taxpayers to pay for it.  She wonders whether there is any attempt or any interest in looking at a way to rally the Town around this issue to bring it together instead of the way it divides the Town.  And as we go forward the problem is just going to keep going on for the next couple of years.  

Chairman Hines reported we have had growth over the years in the Town, probably the greatest growth was in the 60’s, percentage wise.  And now we are talking about growth, and those projections that were in the newspaper were part of a study being done by the Planning & Zoning Commission, who are looking to update the Comprehensive Plan of Development.  Quite a few years ago the projected population was 25,000, then it went down to 20,000, then with a more detailed study it went to 21,000 which is more on target.  It is not so much that the residents are not willing to pay for the services, they are, in fact he does not know of any town around that has had as many building programs for school buildings as we have been able to put forward.  What you are seeing, is economic times that have a very major impact and if you look at people’s investments, many retired people who now suddenly see their savings which they were counting on go way down, it is a real impact and it is not only that group it is also those who are working.  What we are seeing is typical of what is happening all around us, and is not unique to Avon.  He believes our residents are willing to pay, as long as we can show them it is justified and needed.  We have approved budgets in the last few years that are higher than any of our surrounding towns, for example, our school budgets last year were about twice any school budget in the surrounding area, that does not include any buildings, just the operating budget.  

Mrs. Merlin reported she knows our taxes are one of the lowest in the area, but what she wanted to say is that she is hoping there could be a way to, as the next few months go by, it is very divisive in the Town and she is hoping there can be a way to rally the Town around supporting what is needed.  Chairman Hines reported if we can come up with justification for the expenses the residents will go along with it.  One of the areas you are most concerned about is the schools, and they have not done a good job, and they had a survey that shows that, they have to do a better communication job on the need.  That is not to say that after they do that, that the residents are going to buy it.  

Mr. Shea reported many people have spoken to him about the article that was in the newspaper, in relationship to the study that was done.  What we need to do is take it just a step further, maybe step back a little bit from the immediate budget and all that goes on with the school issues.  What we need to talk about is the character of the Town, what the Town should or should not be.   And what the Council needs to do is to take an assertive approach to identifying land, as we have in the past, that we want to maintain for open space, and if we can do that in an affordable way what we are going to be able to do is to maintain the character of the Town and observe the growth from a different perspective than we have in the past.  

Mrs. Merlin reported the only other thing she would say, is that when you refer to how the school board has not communicated well with the Town, she does not disagree with that, and it is great that they did that survey.  But she wonders why the boards on the Town are so divided and it adds to the problem.  For example, there is no reason why the Town Council cannot support the schools or communicate to the Town what it thinks is important for the schools as well, if you believe it is.  

Mr. Carlson reported he would like to react to that.  There have been numerous times in his tenure and he has only been on the Council for three or four years, but he did serve on the other two boards. There have been numerous times, both when he was on the Board of Finance, the Town Council and on the Board of Education, where that support has gone both ways.  He can point you to the track project at the high school, to the fact that this board two budget cycles ago actually provided money that went into the Board of Education budget for them to use in a way that they saw fit, that happened to be a truck they ended up buying but it could have gone towards a teacher or anything else.  So there have been in fact if you look at the resolution which passed prior to the budget referendum, that was unanimously voted upon.  The budget which includes the Board of Education budget, and  all of us here as well as by the Board of Finance members support the budget that is presented.  But that does not mean that he will blindly agree to anything that the Board of Education wants, or that this board wants, there has been good reason for good challenge, but at a time when our budget increases for the last couple of years would be what he would call healthy, they have been north of the rate of inflation, at a time when in the last twelve years we have taken on a tremendous amount of debt to fund all of these projects, our decision  was right every time.  He reported   the discussion that needs to happen at these budget meetings is not how big, but where does the money go, and he has seen a lack of that.  Why are we adding a police officer versus a fire truck, or why are they adding a vice-principal versus two teachers?  That to him is the healthy discussion that needs to happen, because whether you have the wealthiest constituency going or not, they would not support a 9%, 10% or 11% increase in taxes.

Mr. Shea reported but most important, all three boards voted unanimously to support all of those budgets.  A lot of that was lost on the citizens at some of those public hearings.  There has been too much finger pointing but it is not being done by the boards.  Mrs. Merlin reported if everyone agreed, it was lost at communicating it to the Town, that is something that all of the boards can worry about.

Chairman Hines reported you should realize that all of these school projects were recommended to the Town Council, we have to recommend them to the residents, not the Board of Education, and the Board of Finance has to approve that.  So every one of them had the full backing of all three boards at the time.  Some times we were not sure it was going to pass, and there were only two referenda that failed, of all of the school projects that we have had in the last 10 to 15 years.  Mr. Shea reported government is about choices, and the choices that the Town is going to make in the future is that everyone has to get on board, it cannot be just one special interest group pointing at another special interest group, because the people that are elected in this Town, whether they are Democrats, Independents or Republicans cannot cater to any special interest group.  It has to be done in an effort to try to do what is in the best interest for the whole entire Town, and that is going to frustrate some people who are in different vocal or special interest groups.  But by and large this Town has been very supportive of us.  

Chairman Hines reported we appreciate your comments and understand your concerns, and we would be glad to keep them in mind as we go through and try to be as objective as we can, as we feel we have been in the past.  Mr. Shea reported the study that was done, is going to be an issue that is going to need a lot of discretion in the next two, three to five years.  Chairman Hines reported there are no surprises it is just bringing out the facts.  Mr. Shea reported now that it is out there, it really does need to be hashed out in a very objective way.  We are talking about what this Town is going to look like in five or ten years, and it could be drastically different than what it looks like today, and we need to make an assertive approach to open space.                                               
 
COMMUNICATION FROM COUNCIL
Mrs. Hornaday reported she represented the Town Council at the Eagle Scout Awards held last weekend, three very fine young men received the awards.  The proclamations were not ready in time for the ceremony but are here for signing tonight. There were letters from Former President Ford, Vice President Cheney, Governor Rowland, Congresswoman Nancy Johnson and many other awards were presented to them.  

Mr. Woodford reported recently there was an article in the newspaper about increases and step increases where some towns are addressing that issue and Burlington is one of them.  It is something to think about.
Mr. Shea reported we were talking tonight about the success of the Town Manager, Recreation Director and Senator Witkos and Senator Herlihy obtaining the additional grant money in amount $93,000 for a total $293,000 used for recreation fields.  A lot of that was started by Jeff Sunblade the Schools Athletic Director going before and testifying at the State Legislature about the need, it would be good to recognize him at this time for his hard work in contributing to that.  It was the consensus of the Town Council to have a letter of recognition sent to the Athletic Director Jeffrey Sunblade for his continuing efforts in making grant funds available to the Town.           

Chairman Hines reported he recently went to Laurel Gardens with a group from Hartford Insurance Company called HUGS, which included singing and basically giving smiles to the residents.  They also went to the Avon Health Center and Brightview.  It was the consensus of the Town Council that a letter of appreciation be sent to the ‘HUGS” group for the many years they have come to Avon.

Chairman Hines reported the Town Manager included a survey in our packets about looking into television, for the Council and other boards, including Planning & Zoning and Board of Education.  There has not been much interest from the other boards in doing it, and as he looks at the Town doing the right thing by putting more efforts on the internet, as today you can go on the internet and get the minutes of the meetings, Library information, the Assessors Office and many other things.  He spent a lot of time talking informally with people at CRCOG meetings, and no one was positive on it, they think it is working but they do not think that it is really worth the effort they are doing, and it gets more expensive because unless you put a lot of money into it you cannot hear who is speaking, etc.  He would suggest we put more money into the internet instead.  Mr. Carlson reported he would agree, his concern is the amount of money being spent on it, and the return on that money, again it comes back to the point he just made, it is a question of choices, you take $25,000 to $50,000 and put it here, or are you going to take it and put it in a fund to hire a police officer or school teacher or purchase a truck, whatever it might be.  He is all for communications, we cannot over communicate, but for him it is just the return on the investment.  Mrs. Hornaday reported when she brought it up she had no idea it was going to be so expensive.  There are so many requests for the tax revenues that we have, this did not seem even efficient to her in terms of the number of people that other communities said they thought watched it.  Chairman Hines reported we should include that information in the newsletter.  The Town Clerk reported the Town Council minutes in their entirety are put on the internet. It was the consensus of the Town Council that they would continue with internet access instead of television.  

Chairman Hines reported we received an updated copy from the Schools High School Facility Needs Committee.  Peggy Roell informed him that if we want more information than the summary, prior to the 29th, to get back to her.  He suggested we coordinate that with the Town Manager.  Mr. Shea questioned how that meeting with the three boards will be run.  Chairman Hines reported the Town Council will call the meeting, but he will turn it over to the Board of Education to present the results of that study and have them tell us what they would like us to do.  Mr. Shea reported he is asking, as there are going to be a lot of questions, and someone has to manage that process, and he wanted to know who is going to do that.  It should be identified as one board meeting, where the other boards have joined in, to make sure as this is a lot of information, it is very important, we are dealing with a lot of money here and from a process standpoint it would be healthy to have some type of leadership in the meeting.  Chairman Hines reported the Town Council called the meeting and we invited the two boards, but it was because the Board of Education wanted to present this information to us and he wanted special time for it.  Probably Dr. Kisiel, Superintendent of Schools, will be presenting the summary, as he did at another meeting, then we will open it up to questions and allow all of the boards to talk.   

OLD BUSINESS
03/04-09        Approve Town Council FY04/05 Budget Work Session Schedule
Chairman Hines reported long power point presentations are not really necessary for final sessions.  The Town Manager reported we may limit them for major department presentations.  Chairman Hines reported we can do all of the budget sessions on one Saturday instead of three days.          

On a motion made by Mr. Carlson, seconded by Mrs. Hornaday, it was voted:
RESOLVED: That the Town Council schedule an all day Budget Work Session for Saturday, February 14, 2004 from 8:00 a.m. to 4:00 p.m.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-29        Appointment:  Natural Resources Commission
On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted:
RESOLVED:  That the Town Council table the appointment to the February 5, 2004 meeting.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-49        Appointment:  Recreation and Parks Committee
On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted:
RESOLVED:       That the Town Council appoint Peter J. Ponziani to serve on the Recreation and Park Committee for a term to expire December 31, 2005.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-50        Review and Discussion;  Committee Charge Avon’s 175th Birthday Celebration
Chairman Hines reported we have discussed that we would want to have the committee try to coordinate what they do with other activities around Town.  It was the consensus of the Town Council that in this case they would select the Chair for the  Committee.    

On a motion made by Mrs. Hornaday, seconded by Mr. Carlson, it was voted:
RESOLVED: That the Town Council of the Town of Avon, hereby establishes a Town of Avon 175th Birthday Celebration Committee to be comprised of nine (9) citizens of the Town, serving until December 31, 2005 unless otherwise extended by the Town Council.
FURTHER RESOLVED: That the charge to said committee be as follows:      
To organize in an appropriate manner to carry out the functions of the committee to include a chair, vice-chair and secretary from among the membership.        
To undertake such activities as they may see fit, subject to Town Council approval, in celebration of the Town’s 175th anniversary of its founding in 1830;
To raise funds, and spend same, subject to Town approval;
To encourage individuals and groups to participate and donate funds, time and expertise for the design, development, operation and implementation of programs and activities of the committee in celebration of the Town’s 175th anniversary of its founding;
To undertake those other things as may be requested from time to time by the Town Council
To consider and look into combining with other activities that may be going on.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.        

NEW BUSINESS
03/04-55        Appointments
Planning & Zoning Commission    - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Carol K. Griffin to a four year term.
        - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint David Pena to a four year term.
        - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Douglas C. Thompson to a four year term.
        - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Barnard Tilson to a four year term.
Panel of Alternates     - On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted unanimously to appoint Henry R. Frey, Jr. to a two year term.
        - On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted unanimously to appoint Linda H. Keith to a two year term.
- On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted unanimously to appoint Elaine G. Primeau to a two year term.
Inland Wetlands Commission      - On a motion made by Mr. Carlson, seconded by Mr. Woodford, it was voted unanimously to appoint Catherine M. Durdan to a four year term.
        - On a motion made by Mr. Carlson, seconded by Mr. Woodford, it was voted unanimously to appoint Rosalie R. Renfrew to a four year term.
        - On a motion made by Mr. Carlson, seconded by Mr. Woodford, it was voted unanimously to appoint Michael R. Beauchamp to a four year term.
Natural Resources Commission    - On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted unanimously to appoint Michael R. Beauchamp to a four year term.
        - On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted unanimously to appoint Mary C. Harrop to a four year term.
        - On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted to table an appointment to the February 5,2004 meeting.
Recreation and Park Committee   - On a motion made by Mr. Shea, seconded by Mr. Carlson, it was voted unanimously to appoint Catherine M. Durdan to a two year term.
        - On a motion made by Mr. Shea, seconded by Mr. Carlson, it was voted unanimously to appoint Douglas M. Evans to a two year term.
        - On a motion made by Mr. Shea, seconded by Mr. Carlson, it was  voted unanimously to appoint David A. Jadovich to a two year term.
- On a motion made by Mr. Shea, seconded by Mr. Carlson, it was voted unanimously to appoint Robert Meyers to a two year term.
- On a motion made by Mr. Shea, seconded by Mr. Carlson, it was voted unanimously to appoint Peggy J. Roell to a two year term.
- On a motion made by Mr. Shea, seconded by Mr. Carlson, it was voted unanimously to appoint Kathy L. Thompson to a two year term.
- On a motion made by Mr. Shea, seconded by Mr. Carlson, it was voted unanimously to appoint Peter J. Ponziani to a two year term.
Committee on Aging      - On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted unanimously to appoint Velma A. Adams to a two year term.
        - On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted unanimously to appoint Gloria L. Farrell to a two year term.
        - On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted unanimously to appoint Alice W. Herrmann to a two year term.
Water Pollution Control Authority       - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Michael J. Farrell to a three year term.
Zoning Board Of Appeals, Alternates - On a motion made by Mr. Woodford, seconded by Mr. Shea, it  was   voted unanimously to appoint John F. Brooks to a four year term.
        - On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted unanimously to appoint Jill A. Coppola to a four year term.
        - On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted unanimously to appoint Robert M. Paine to a four year term.
Building Code Board Of Appeals  - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint William L. Brown to a four year term.
        - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint James H. Eacott III to a four year term.
        - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint William E. Eschert to a four year term.
        - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted to appoint Louis N. Usich, Jr. to a four year term.
        - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted to appoint William A. Ferrigno to a four year term.
Town Attorney   - On a motion made by Mrs. Hornaday, seconded by Mr. Shea, it was voted unanimously to appoint Dwight A. Johnson to a two year term.
Assistant Town Attorney - On a motion made by Mrs. Hornaday, seconded by Mr. Shea, it was voted unanimously to appoint Murtha Cullina Richter & Pinney to a two year term.
Town Treasurer  - On a motion made by Mr. Carlson, seconded by Mrs. Hornaday, it was voted unanimously to appoint James R. McCarthy to a two year term.
Insurance Agent of Record       - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Wolff-Zackin-Webster & Associates to a two year term.
North Central EMS       - On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to appoint Peter A. Agnesi to a two year term.
CRCOG
Committee Rep. Transportation - On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to appoint Alan Slessler to a two year term.
Committee Rep. Housing  - On a motion made by Mrs. Hornaday, seconded by Mr. Woodford it was voted unanimously to appoint Alan Rosenberg to a two year term.  
Committee Rep. Municipal Serv.  - On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to appoint Philip K. Schenck, Jr. to a two year term.
Regional Planning Comm., Council Rep. – On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to appoint Linda H. Keith to a two year Term.             
Alternate    – On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to table an appointment to the February 5, 2004 meeting.
Policy Board    - On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to appoint Richard W. Hines to a two year term.
Alternate       - On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to appoint Diane S. Hornaday to a two year term.
2nd Alternate - On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to appoint Philip K. Schenck, Jr. to a two year term.
Public Safety Council, Council Rep. – On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to appoint Captain Mark Rinaldo to a two year term.
Alternate    – On a motion made by Mrs. Hornaday, seconded by Mr. Woodford, it was voted unanimously to appoint Chief Peter A. Agnesi to a two year term.
Central Region Tourism District - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Nancy Weiner-Anstey to a two year term.
Conn. Conference of Municipalities
Member  - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Philip K. Schenck, Jr. to a two year term.
Alternate       - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Richard W. Hines to a two year term.
Mental Health Board     - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Susan R. O’Connell to a two year term.
Farmington Valley Visitors Bureau - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Nancy Weiner-Anstey to a two year term.
Constable       - On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Monte J. Hopper to a two year term.
- On a motion made by Mr. Shea, seconded by Mr. Woodford, it was voted unanimously to appoint Robert M. Propiescus, Jr. to a two year term.
Town Council Representatives
Lakeview        - On a motion made by Mr. Woodford, seconded by Mrs. Hornaday,  it was voted unanimously to appoint Ebbe Blomstrand to a two year term.
VNA     - On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted unanimously to table an appointment to the February 5, 2004 meeting.                
Senior Citizens - On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted unanimously to table an appointment to the February 5, 2004 meeting.
Volunteer Fire Dept.    - On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted unanimously to appoint Russell C. Peckham to a two year term.
Secret Lake     - On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted unanimously to appoint Peter J. Marzano to a two year term.
Farmington Valley Health District       - On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted unanimously to appoint Alice W. Herrmann to a two year term.
        - On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted unanimously to appoint Philip K. Schenck, Jr. to a two year term.  
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.
        
03/04-56        Review, Discussion, Authorization: Drafting of Ordinance (#70) Implementing Section 12-146 of Connecticut Statutes
Chairman Hines reported he heard through CCM that it is going to be pushing to try to change this law but it is going to be a while before that happens, therefore he agrees with the Town Manager and Collector of Revenue recommendations that we try to come up with a policy allowing us to draft an ordinance that will allow the Tax Collector to collect the five dollar fee.  The Town Manager reported basically in the past all we did was notify the DMV and it was more of a seamless thing.  Due to the State’s budget considerations they feel they are spending time, effort and resources on it so now what they are saying is that they will still do that, but it is going to cost money, and if we want to do that fine, but we do not want to pay the money, we want to back charge it now to the delinquent taxpayer.  He was hoping that it would be a high enough priority on CCM’s legislative program, as well as COST and CRCOG, but it is one of their elements but not the top thing.  Mrs. Hornaday questioned whether they charge a fee when the account is paid and we notify them.  The Collector of Revenue reported no, the State only charges us when we notify them of the lien, not to release it.  Chairman Hines reported we would like to thank Kay Roth for her very high rate of tax money collection that is always in the high 99%, and she deserves a lot of credit for that, as we know that the last couple percent are very difficult, it is most appreciated.    

On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted:
RESOLVED: That the Town Council authorize the drafting of Ordinance #70, implementing Section 12-146 of Connecticut General Statutes, and schedule a public hearing for February 5, 2004 at 7:30 p.m.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.        

03/04-57        Review and Discussion: Request of Avon Little League for Ball Field Advertising Authorization
Robert Meyers, Recreation and Park Committee Chairman, reported he would like to convey to the Council their thought process and their discussions, and recommendation on this request.  The Little League sent us a request for advertising signs on the inside of the fences at Sperry Park.  We checked with the Town Planner and it does not require any zoning approval because in Avon the definition of sign is something that can be read from the public road.  The Little League noticed in its travels from as far away as Waterford, and as nearby as Granby and Simsbury, that this seems to be what little leagues are doing to raise some revenue.  The Avon Little League told us, and we verified, that they put in excess of $100,000 into Sperry Park and have plans to do more, and are trying to raise revenue to do that.  We had concerns about the appearance of the signs, the conformity of the signs, the safety of the signs, the term for which they would be up and the content of the signs.  It came down to a belief that the Little League probably is better able than the Town to regulate that, because the Town being a public body would be in a difficult position of censorship if they were to say that it is okay for Big Y to have a sign, but not for Super Cellar Liquor Stores to have a sign, nor for a cigarette company, etc.   All of the things that you  might not want to have there, you might not have the ability to prevent as a public body, whereas Little League with their fairly conservative values would see to it that such signs did not appear.  Chairman Hines reported it is still Town property though.  The Recreation and Park Chairman reported we understand, but what we are saying is that Little League will take the brunt of that, he cannot say that no one will complain to the Town certainly, but it is probably better that they attempt to regulate it.  The signs as proposed would not be wooden, they would be banners, which seems to be the way the world is going with regard to billboards today are plastic signs.  They intend to handle this on the outfield fence, and would be tied from behind the fence so that there would be no fitting or screws or bolts or anything that would protrude or propel into the area.  They would be up for the season that the field is in use, then taken down and stored, and the Little League would be responsible for taking them down and putting them up.  They would come from one vendor to be selected so that they would all be uniform in their basic appearance.  Those were the concerns that we, as the Recreation and Park Committee, addressed. In the end it was the Recreation and Park Committee’s unanimous and strong recommendation that with appropriate safeguard that the request be approved.  

The Town Manager expressed a reasonable concern such as if we do this for Sperry Park are we going to hear from Soccer Club for Fisher Meadows, or from tennis people for Sycamore Hills, or any number of others.  We might hear from others, but what the Little League would be only too happy to have the Town do, is to condition the approval on the fact that every nickel raised by the signs they put back into the Park,  and that an accounting, be it annual or otherwise, be given to the Town to demonstrate that was done.  We believe that (a) the problem of someone using Town property to raise revenue, and (b) probably minimizes if not eliminates the likelihood that there will be a rash of such applications, because the Little League has always been a little different, they built Sperry Park.

Mr. Shea questioned when you contacted other towns, such as Simsbury, did you discuss with them the control or authority – who is involved with the regulation of the signs there?  Mr. Meyers reported we spoke with people when we first became aware of them by playing there, but we do not know if those people had any authority.  Mr. Shea reported from an accounting standpoint, his concern would be although they would be open and honest and forthright in showing the Town their records, or having us participate, should we be more involved if this passes from an accounting standpoint as to what is being taken in and where the money is going, since this is Town property?  The Town Manager reported that is part of the purpose tonight, to look at the general issue of whether we want to become involved in the signage issue or not.  We need a policy in terms of how we are going to do that, because it would not be surprising if we have other groups that would want to avail themselves of it.

Chairman Hines reported one of his concerns is just the looks of it, for example, if we agreed to this at Sperry Park, he would not want it at Fisher Meadows as it would look terrible.  If there were a place you could isolate and not be able to see the signs from anyplace unless you were at this field as with Sperry Park, then from that standpoint he would at least consider it, but this is not something he would like to do anywhere else in Town.  

Mr. Woodford reported he is not thrilled with the concept, it kind of degrades the area in his mind, and he is not sure that Mr. Sperry would have appreciated it either, because that is not what he had in mind for Sperry Park.  It opens a huge can of worms for the Town, and it is not that necessary.  

Mrs. Hornaday questioned whether they still have Trustees involved with the management of Sperry. She questioned whether they had contacted them on this.  The Committee Chairman reported not yet, we have contacted them on past projects, but not on this issue.  We did not know what the Council would decide about this, as to whether we would just hear no, and leave, and if so we would not want to make contact first, but it certainly will be done, if the Council would want us to pursue this further.  Mrs. Hornaday reported we would want to talk with the Trustees on this, also if we move forward on this, the fact that it has the unique situation that the other properties, as the idea of signs at the High School and booster clubs – the potential is right there and it may be that because Sperry is a little bit unique it can be really confronted, but if we were going to do that, we definitely need the support of the Trustees of Sperry Park.  She is concerned about the idea of advertising signs in other Town areas, and we would want to be able to confine it to Sperry Park because she agrees that we would be barraged with other groups seeing this as a potential fund raiser for them.  She is not negative about the Little League and what they are trying to do, she is wanting to make sure that we do not open ourselves to more than we bargained for or more than we want to.  

Mr. Carlson reported he is not in favor, and the reason he is not is that he does not know how you distinguish between Sperry Park and the fencing around Avon High School field hockey field, and he is a member of the Friends of Field Hockey, and one of their supporters.  That being the case, he can see an argument being made that ‘they are trying to do a fund raiser for ‘whatever’, and if they could just sell a little bit of advertising and hang it to the fence over there, next to the Fire House so that no one is looking at it, and before you know it, and then who is the heavy then, not the Little League, the Town.  The Committee Chairman reported for all of those other locations clearly the signs can be seen from the public road, that would require the approval of the Planning & Zoning Commission, and at least right now they do not allow that in their regulations, therefor the Town Council may not be the heavy.

Mr. Carlson reported the second reason that he struggles with this, is the issue of the right sign, and he appreciates their willingness to step forward and say they are not going to advertise these certain types of items, but what he worries about is the indemnification when someone says that we think we have been discriminated against and it is a deeper pockets issue then, with the Little League.  The Committee Chairman reported we may need a Town Attorney opinion on that.  Mr. Woodford reported it may be less controllable than we realize.  The Committee Chairman reported we are thinking of limiting the advertising to businesses located in Avon or businesses owned by residents of Avon, but even then there could be some undesirable applicants.

Chairman Hines reported you are seeing there are a lot of questions here, and not a lot of enthusiasm, and one thing that should be done before we go further is to talk with the Board of Directors of Sperry Park, to see how they would feel.  The Town Manager reported it is a relatively common activity conducted in other communities, and we could do some research there, and also do some national research to see if there has been any issues that way, with the National Little League as well as the Parks and Recreation Associations.  We can table this, and come back at the next meeting with more in depth report on the issues that have been raised, then the Council can decide whether to proceed, and get the Town Attorney involved if necessary.  Chairman Hines reported he only heard one person sound positive on this. Mr. Woodford reported it is Town property and eventually we are going to be involved in this.  Mr. Carlson reported although we do not want to spend money, he would like to have the Town Attorney look into this, in order to get an opinion.  Also, some clarification and survey of all of our Town recreational used properties by the Recreation Director to ensure that indeed we do not have any other property to have this issue with.  Mr. Shea reported from the Town Attorney we need to know if there is something that can be structured because of the unique special partnership that could work at Sperry Park as opposed to other Town properties, that way we would at least get a clear definition as to what way you want to go, and talk with Simsbury to find how the money flows, that is going to become an issue for many reasons.  Chairman Hines reported we can proceed with that, to have the Town Manager check into those aspects as well as contact the Town Attorney.      
            
             03/04-58   Request for Extension:  John Noelke - Towpath School Space
Mr. Woodford questioned whether the extension is that he just did not finish his work.  The Recreation Director reported there are a couple of concerns, his project has moved a little slower than he thought although he is completing that.  In conversations with him, he asked if there were alternative plans for the gymnasium for a fixed period of time at Towpath School, he asked for one year, and stated it was to clean up and work on some other things.  We will not be using that gymnasium for anything for that period of time which would extend to November 2004, even if we were in the planning stages, we would not be able to get in there and do anything by that time.  It simply is a question of the highest and best use and be collecting some revenue for the building that otherwise would not be there.  Mr. Woodford questioned whether he will be using it for commercial purposes.  The Director reported commercial in terms of as the Arts are involved, it is a similar situation to the other side of the Towpath building with the Farmington Valley Arts Center.  He is not tied to extending the lease, he is only looking at it purely from the financial standpoint.  Mr. Woodford questioned whether we are getting anywhere near fair market value for use of that facility.  The Town Manager reported in terms of the leasing of it, we do it on a break even, we do not do it to make money, we divide the cost of the building by the square footage, and come up with a fee, and we are ‘eating’ some of it ourselves, as some of the building is not being used.

Mr. Shea questioned where Mr. Noelke is on his project.  The Director reported it is more than 50% completed.  Mr. Shea reported he is concerned that the sculptor just wants to stay there and do other things.  He reported we need to know, we should only extend it for six months then.  The Town Manager reported he would concur with that, we do not want commercial activities going on in the building.  Mr. Noelke should not come in here to request it unless he had a letter from the City of San Angello, Texas, signed by their Mayor or City Manager saying that this was a commission that the city had done, and we were doing this as a sister city type of thing.  Obviously the Farmington Valley Health District is a quasi municipal governmental agency, the Farmington Valley Arts Center is a non profit organization, and we do not want commercial activity going on in the building.  

Mr. Shea suggested that the Town Manager report to the Council on a monthly basis of what percentage of completion the sculptor is at, and that we only look at this as a six month extension.  Mr. Woodford reported he is not sure of the six months, perhaps month to month, until he is done.  Chairman Hines reported we need to authorize the Town Manager to have Mr. Noelke agree to that, but not beyond that.  Mr. Carlson questioned whether the wording of this contract can be changed so that it says something to the effect of ‘for his existing project, not to exceed six months, at the time the project is completed he vacates the building.

Mr. Shea reported he would like to discuss Towpath at our next meeting, in trying to finalize this situation.  First of all we should have the Town Manager contact all of the people who have shown potential interest in Towpath, to see where they stand.  It is obvious that no one has interest with the present zoning because we have not had firm offers to do anything with it.  Secondly we should have the Town Planner define potential uses for that parcel, not a Planning & Zoning official position, but what they think under present zoning it could be used for, such as senior housing, recreation, structural institutions or office space.  We should also decide what uses we think would be good. The third area is that the Town Manager to tell us what future uses he could see by the Town, whether school administration, recreation uses, offices, and even a fire house.  We have a listing of Towpath repairs prepared by Public Works, and also the assessments.  This should be put on the February agenda.  He questioned when putting this together, once we get the recommended uses for the property, were you thinking of aggressively marketing this.  Chairman Hines reported yes, he is willing to do that, as its shortcoming under present zoning is that it cannot be retail.  Mr. Woodford reported we should market the property for six months, if there is no activity, then we own it and go forward.  Mr. Shea reported this gives us a very good foundation to bring to the community, that we marketed it, the uses that are available, and this is what it is going to cost to fix it, so that we have some type of message that is not speculation, and part of the consideration for the building should be if you have to demolish it.  Chairman Hines reported after the marketing for six months at present zoning, then we have to decide whether we want to change the zoning.  

The Town Manager reported some things to think about as we move towards the February meeting are; do we want to have the Town market it, do we want to have an agent selected to assist, do we want to put it on our web site, do we want to create a brochure or pamphlet with a picture to market it like it would be if you went to an agent.  Chairman Hines reported that would be getting into costs.  The Town Manager reported we may need a budget for advertising.  Mr. Carlson reported he would be willing to spend some money on that, where we do not have to get into choosing an agent as there is a difficulty in doing so.  Chairman Hines reported the Town Manager can develop the costs for us, we do not have to decide next month.  The Town Manager reported we will begin to pull all of this together, there are bound to be follow up questions, and it may take several months, the preliminary information can be ready for the February meeting.

On a motion made by Mrs. Hornaday, seconded by Mr. Carlson, it was voted:
RESOLVED:       That the Town Council authorize the Town Manager to enter into an extension of the lease with Mr. Noelke in accordance with discussions for limiting the use of Towpath School only for the existing sculpture on a month to month basis, however, not beyond six months.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.
    
03/04-59        Approve Changes to Town Council Policy #13 Procedure for Constructing Public Buildings, Avon, CT
Chairman Hines reported the important item is that items that would belong in capital budgets cannot be included in bonding for any project.  

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED:       That the Town Council approve the changes to Town Council Policy #13 Procedure for Constructing Public Buildings, Avon, CT, as presented.  A copy is attached and made a part of these minutes.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-60        Review, Discussion and Approval:  Legislative Support for Resolution to Allow Paid Firefighters To Participate in Volunteer Fire Departments
Chairman Hines reported he has concerns about this resolution, at the CRCOG Legislative Committee meeting this was discussed, and although we had sympathy for the two town’s problems, there was a Town Manager attending who felt there was more to this than met the eye.  We asked why the Hartford Fire Department did this, and the Fire Chief’s comment was that he has such a small department that if he has firefighters off doing fire fighting outside his area, that he would have to pay overtime to bring some other firefighter in, if that person cannot make it. The Fire Chief brought this before the Fire Fighters Union and during negotiations they agreed with the Chief.  Then we discussed the possibility of this item going before the legislature, and several people felt that once you get the legislature involved you do not know what you are going to get back.  The reason it was tabled, was that the Fire Chief asked if he could have some time to work this out before it has to go before the legislature.  

Mr. Shea reported he supports this because his concern is with the future of Avon’s Fire Department, and we need as much flexibility as possible to allow volunteer fire departments to stay volunteer down the road.  Chairman Hines reported there was general feeling that maybe this problem could be resolved and that there was no need to go to the legislature with it.  Mr. Woodford reported he doubts very much if this thing will get resolved, because it is a union issue.  Mrs. Hornaday reported  when you see that it is a big union question, what really becomes the question is does the City of Hartford and the firefighters have the authority and legal right to prohibit their members from participating in activities in their community.  Chairman Hines reported he believes they think they do have the right.  Mr. Carlson reported that is the problem then, that they think that they can prohibit it today, he has a real issue because many towns are dependent upon volunteer efforts.  We literally have people out there pounding nails, and if one of them injures themselves, they are out of work, it is the same issue all be it in a different way, a different activity.  So he is totally supportive of this, and we as citizens need to encourage people to do volunteer activities, whether it is fire department or otherwise.

The Town Manager reported 20/20 did a report on this, and when the chief was asked, he responded ‘well it comes down to jobs, and people taking jobs’, and that is what the issue is, the International Association of Firefighters trying to stop people from volunteering so that those volunteer fire departments will fail and they will have to hire full time people which then become members of the bargaining unit.  Mr. Carlson reported he saw the show, it was very clear.  
           
On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED:       That the Town Council approve legislative support for a Resolution to allow paid firefighters to participate in volunteer fire departments.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.
03/04-61        Supplemental Appropriations:  $7,300 Neighborhood Assistance Program
On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED:       That the Town Council hereby recommends that the Board of Finance amend the FY03/04 Budget by increasing:
                                        REVENUES
        General Fund, Other Local Revenues, Donations from Private Sources, Account #01-0360-43651 in the amount of $7,300 and increasing:
                                                APPROPRIATIONS
        General Fund, Patrol Services, Other Equipment, Account #01-2107-53319 in the amount of $7,300 for the purpose of recording Neighborhood Assistance Act donations to purchase eyewitness in-car video system and the “Are you O.K.?” program, which is a p.c. generated phone call to home-bound elderly and/or handicapped for daily monitoring, alerting communications when phone call is unanswered.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.        

03/04-62        Resignation: Natural Resources Commission

On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted:
RESOLVED:       That the Town Council accept with regret the resignation of Janice Titus from the Natural Resources Commission.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

03/04-63        Appointment:  Natural Resources Commission

On a motion made by Mr. Woodford, seconded by Mrs. Hornaday, it was voted:
RESOLVED:       That the Town Council table the appointment to the February 5, 2004 meeting.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

TOWN MANAGER’S REPORT/MISCELLANEOUS
Mrs. Hornaday reported with regard to the television issues, she would like to state that those were very detailed reports completed by the Town Manager for us to be able to make a decision.  Chairman Hines reported the Town Clerk should put an article in the newsletter to talk about the Town Manager’s efforts here and what came out of that and what direction we decided to go.  The Town Manager reported it can serve as kind of an historical document, to go back and update if the issue comes up again.  Chairman Hines reported the same article can contain what is available to people through the internet today and how they can use it.

The Town Manager reported there is an e-mail message from Mr. Shanahan about the M. H. Rhodes building and area, that last week due to the warmer temperatures and the melted snow they were able to get onto the property and start to do their drilling.  They are sending the samples out to the lab and it would be about two weeks before we get the results back from the samples.  

The Town Manager reported with the Lakeview Assessments, we received the final letter from the Water Company that we were waiting on for their costs of installation of water in the Lakeview area.  In discussions with the Town Engineer we will be setting up a Public Hearing, determine where those assessments are, and see if they are where we originally forecast them to be, then we will be levying those assessments shortly after that.   

The Town Manager reported the Police Department went through their accreditation process in December, we do not have the report back yet, but all signs indicate a positive process.  We also included in the background material the results of the questionnaire that was sent out with the last newsletter so that the Council can get a feel for how the community feels about the Department.  

EXECUTIVE SESSION
On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED:       That the Town Council go into Executive Session at 9:00 p.m.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council come out of Executive Session at 9:20 p.m.
Mrs. Hornaday, Messrs: Hines, Carlson, Shea and Woodford voted in favor.

ADJOURNMENT
The meeting was adjourned at 9:20 p.m.

Attest:



Caroline B. LaMonica
Town Clerk