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AVON TOWN COUNCIL
MEETING MINUTES
NOVEMBER 4, 2004
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: 7:30 p.m. Ordinance #70; Nuisance Dog Ordinance.
The Town Clerk read the call of the Public Hearing as follows:
“LEGAL NOTICE
TOWN OF AVON
Notice is hereby given that the Avon Town Council will hold a Public Hearing on Thursday, November 4, 2004 at 7:30 p.m. at the Avon Town Hall, Selectmen’s Chamber, 60 West Main Street, for the following purpose:
1. To consider adoption of a new Ordinance #70 – NUISANCE DOGS. The purpose of this ordinance is to identify and place restrictions on dogs that pose a risk of injury to persons or animals.
A copy of the proposed ordinance is on file in the Town Clerk’s Office, Avon Town Hall, and is open to public inspection during normal business hours.
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 for any purpose.” (C. G. S. 7-157(b).
Dated at Avon, Connecticut this 21st day of October, 2004.
Philip K. Schenck, Jr.,
Town Manager”
Chairman Hines reported this has been something that we have been working with the Police Department on for a period of time, since it was suggested to us as something that may be needed. The Police Department feels that it would be helpful to them, and the Town Council has looked at it, made some minor modifications, that the full authority would go up to the Police Chief or his designee, for any decisions that have to be made as to actions on certain dogs. The Town Council now thinks this is reasonable, and we are presenting it as a public hearing tonight. There being no public input, the Public Hearing is closed at 7:32 p.m.
On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted:
RESOLVED: That the Town Council approve Ordinance #70, Nuisance Dogs, to become effective 21 days after publication, which reads as follows:
“ORDINANCE #70
NUISANCE DOGS
SECTION I
PURPOSE
The purpose of this Ordinance is to identify and place restrictions on dogs that pose a risk of injury to persons or animals.
SECTION II
DEFINITIONS
“Animal Control Officer” means a person employed or appointed by the Town who is authorized to investigate and enforce violations relating to animal control under the provisions of this Ordinance or state law.
“Chief of Police” means the Chief of Police of the Avon Police Department or, in the absence of the Chief of Police, the person designated as the commanding officer of the Department.
“Direct Control” means immediate and continuous physical control of a dog by means of a leash, cord or chain that is no more than six feet in length and is of sufficient strength to restrain the dog.
“Nuisance Dog” means a dog that has been designated by the Chief of Police to be a Nuisance Dog as provided for in Section III of this Ordinance.
“Secure Enclosure” is defined as a pen or structure suitable for confining a dog that has secure sides, a locked entrance and is at least six feet in height. If the Secure Enclosure has no bottom attached to the sides, the sides must extend no less than one foot below the base. A residence may qualify as a Secure Enclosure.
SECTION III
DESIGNATION OF NUISANCE DOG
A. The Chief of Police shall have the authority to designate any dog within Avon a Nuisance Dog if the Chief of Police finds that the dog has on one or more occasions: (1) severely injured or killed a domestic animal or pet when not on the premises of its owner or keeper; or (2) inflicted a non-superficial injury on or aggressively attacked a person whether on or off the premises of its owner or keeper. A dog shall not be designated a Nuisance Dog solely as a result of an injury or attack upon a person who was committing a crime, a willful trespass or other tort upon the premises of the owner or keeper of the dog or who was tormenting, abusing or assaulting the dog, or if the dog’s action was a reasonable response to a
threat of injury or harm to the dog or its owner or keeper.
B. The Chief of Police shall provide written notice to the owner and keeper of a dog designated a Nuisance Dog within two business days of making such a designation.
SECTION IV
RESTRICTIONS ON AND IMPOUNDMENT OF NUISANCE DOGS
A. The keeping of a dog which has been designated a Nuisance Dog in accordance with this Ordinance shall be subject to the following requirements:
1. No person owning or keeping a Nuisance Dog shall permit the dog to be on the premises of the owner or keeper of the dog unless the dog is within a Secure Enclosure or under the Direct Control of a person capable of restraining the dog.
2. No person owning or keeping a Nuisance Dog shall permit the dog to go beyond the premises of the owner or keeper unless the dog is under the Direct Control of a person capable of restraining the dog.
3. The person owning the Nuisance Dog shall cause to be posted on the premises where the dog is kept a sign to be supplied by the Animal Control Officer warning of the presence of the Nuisance Dog. The sign shall be readily visible to anyone entering upon the premises where the dog is domiciled or kept.
4. The owner of a Nuisance Dog shall provide written notification to the Chief of Police within 30 days of the death, sale or other disposition of the dog.
5. The Chief of Police may impose such additional restrictions as he or she deems necessary to protect members of the public from harm.
B. The Animal Control Officer or any police officer may impound a Nuisance Dog if the Animal Control Officer or police officer determines that impoundment is necessary to prevent a substantial risk of severe injury to a domestic animal or pet or of a non-superficial injury to or aggressive attack on a person. The owner of the dog shall pay all costs of impoundment. The Animal Control Officer or police officer shall use his or her best efforts to provide notice of the impoundment by telephone or, if unable to reach the owner or keeper, by written notice to the owner and the keeper of the dog within 48 hours of the impoundment.
SECTION V
APPEALS
A. The owner or keeper of a dog may appeal a designation of Nuisance Dog or the impoundment of a Nuisance Dog by providing a written notice of appeal to the Chief of Police within 15 days of the date of notice of the designation or impoundment. The designation or impoundment shall remain in effect pending the appeal.
B. The Town Manager shall designate a hearing officer to convene a public hearing within 30 days of receipt of a notice of appeal, and shall provide the owner or keeper of the dog with no less than 10 days written notice of the hearing. The hearing shall be conducted with such rules and methods of proof as the Town Manager deems fair and appropriate. Rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation.
C. The hearing officer shall issue a ruling upon the appeal within seven days of the conclusion of the hearing, which ruling may include modifications with respect to the restrictions imposed by the Chief of Police. Written notice of the ruling shall be promptly provided to the owner or keeper.
SECTION VI
VIOLATIONS AND PENALTIES
Any person violating this Ordinance or a related order of the Animal Control Officer or Chief of Police shall be fined $90 for each offence or the maximum amount allowed for infractions as set forth by the State of Connecticut Superior Court infractions schedules.
SECTION VII
MISCELLANEOUS
A. The provisions of this Ordinance shall not apply to dogs utilized by law enforcement officers in the performance of their duties.
B. The provisions of this Ordinance are declared to be severable. If any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, that holding shall not affect the validity of the remaining sections, clauses, sentences or phrases of the Ordinance; but they shall remain in effect, it being the legislative intent that this Ordinance shall stand, not withstanding the invalidity of any part.
C. Except as otherwise provided herein, notices shall be in writing and shall be provided by personal delivery, certified mail, or overnight courier service. Notices shall be deemed given or provided as follows: If by personal delivery, when delivery is made upon the person or at the residence of the person; if by certified mail, upon delivery into the hands of the U.S. Postal Service; and if by overnight courier, upon delivery to an office or collection box of the overnight courier.”
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
MINUTES OF PRECEDING MEETING - None
COMMUNICATION FROM AUDIENCE - None
COMMUNICATION FROM COUNCIL
Mr. Shea reported it is time for us to consider at least every four years, upon the Presidential Election, at least a second polling place. He has not been in favor of this in the past, for many different reasons, but it appears as though we have to make it as easy as possible for people to vote and participate in democracy, so at some point in time we have to consider that. Chairman Hines reported the appropriate thing to do here is to ask the Town Manager and Town Clerk to do some survey work on this, and come up with some recommendations, if the Town Council all feel that way, and he does. Mr. Woodford reported it should be off of West Avon Road, aside from Route 44, it is one of the busiest roads in Town and we have to get off that road. Mr. Woodford reported he looks at West Avon Road to be
the dividing line. Chairman Hines reported for District 2 you can have a small place. Mr. Carlson reported Roaring Brook has plenty of parking. Mrs. Hornaday reported Roaring Brook is a possibility for District 1. Mr. Carlson reported it was more the street traffic than anything else to deal with. Mrs. Hornaday reported once you got in there, there was no hold up. The Town Clerk reported we were reported to the Election Commission, because the Secretary of State called that night about 7 o’clock, and asked what we are planning on doing if at 8 o’clock people were still in their cars, and responded by asking what the Secretary of State’s suggestion was. The Secretary of State suggested we get them into the parking lot and get them out of the cars, then let them in. The Town Clerk reported at 8 o’clock there was nobody there, but she was surprised that someone reported us. Their concern was that there would
be voters out in the road at 8 but that did not occur. Mr. Shea reported when you look at those lines it was not as bad as when you look across the country, but we have to make it as convenient as possible. But respectfully he does think that we would have to do that for municipal elections, it would become very expensive. Mr. Carlson reported he would ask that why do we run the referenda at the Senior Center. The Town Clerk reported we start with the Town Meetings at the Senior Center, so it is just a natural flow there, and we do not seem to have any problem with that. Mr. Shea reported we can still use the High School and use Roaring Brook, that would solve a lot of our problems. Mr. Shea reported Roaring Brook School would alleviate a lot of that. The Town Clerk reported absolutely, and if you are going in that direction she would suggest a third place which would be Town Hall for District 2, which has a very small number.
It was the consensus of the Town Council to have the Town Manager and Town Clerk conduct a survey and return with recommendations.
Mr. Woodford reported he must mention Barnard ‘Buck’ Tilson’s passing. He did an awful lot for this Town, and most people do not even know it. He labored on the Planning & Zoning Commission, where he was instrumental in guiding that board, and in a lot of respects made this Town what it is, he did a tremendous amount for this Town and we appreciate it. The Town Clerk reported he did a lot to make Route 44 what is now, we need to remember what it was 35 years ago. Chairman Hines reported having worked on the east side of river, many people would come to him knowing he was a resident of Avon, and ask him how we do it here, they would come here for a tour to see Avon Park North and South, to see Route 44, and how we are doing that, they were very impressed with it. It was
really Planning & Zoning Commission, nothing to do with the Town Council at that time.
Mr. Carlson reported he attended a forum put on by the Board of Education, on Special Education. It was well done, they had all of the various constituents that you would have, such as State, Local, Teachers, both Special Ed and Regular Education Teacher, they had parents speak, the Vice Principal spoke, the Head of Special Education in the Town as well. For those of us who have criticized at times the communications, or lack thereof, between the Board of Education and the various constituent groups, he wants to publicly come out and say that they did a very good job. These types of forums are important, they spend approximately $4,000,000 on Special Education out of a $33,000,000 budget, that is a large amount of money. What they are basically doing is telling people how that money is spent and
why it needs to be spent, and the mandates etc. Chairman Hines reported he attended, in fact the interesting thing that came out of there was for the amount of staff that they have, the number of students was well less than the State average to do that kind of work, and they only get $482,000 back out of that. One of the items they passed out from the State and the Board of Education, he would like copies made and sent to our Town Council members, and it would be appropriate to send to our three Legislators, with a note of the problem of how can we increase that ratio of our funds. The Town Manager has worked on it with CCM, COST and CRCOG, and we have not received much more. Mr. Woodford reported we should send it to the Board of Finance as well.
Chairman Hines reported for a long time when new residents moved into Town we sent a letter to them to welcome them, then we started adding other materials to it, it got expensive and difficult and we stopped it. The Town Clerk was very involved in that process. He would like us to consider to begin again, with a one page letter, which welcomes them, with some important facts to it, to try to make them feel comfortable when they come to Town. The Town Clerk reported a letter is no problem, but we were getting so much material from different departments, so that it turned out that is was costing $3.75 a packet to mail. Chairman Hines reported you wrote a fine letter in the past, and to just update that would be appropriate. Mr. Woodford reported it should include a calendar, it has a
tremendous amount of information. The Town Clerk reported the letter and calendar could be sent, no other materials, she can begin after January 1, when the new calendars are available. Chairman Hines reported he would like to begin as soon as the calendars arrive.
OLD BUSINESS
96/97-32 Review and Discussion: Charge to Update January 1998 Facilities Maintenance Study Committee Report
Chairman Hines reported this draft charge says five members, and we talked about the possibility of having seven members, including two ex-officio, and name the Town Manager and Superintendent of Schools, then the Director of Public Works and the Board of Education equivalent, and three other members at large. We do not want to reinvent the wheel, we want to go back to the study they did, and try and update that, and see where we go. From a time standpoint we said June 30, 2005, which may be too short a time, as we may not be able to make appointments at the December meeting. Mr. Woodford concurred we should make it June 30, 2005, and if they say they cannot make it by then, we can change it. Mrs. Hornaday reported they would not have to develop the entire study, like the first group did, they have
something to work with.
On a motion made by Mrs. Hornaday, seconded by Mr. Carlson, it was voted:
RESOLVED: That the Town Council table this item to the November 18th special meeting.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
03/04-93 Buckingham Fields: Review, Discussion and Approval Fence Bids and Supplemental Appropriation: $20,000
The Director of Recreation and Parks reported we re-bid the fencing, in hopes that we could bring some of the pricing down, it did somewhat, but the price of steel is erroneous. The base bid involves the periphery fencing, the backstop/dugout areas, for a total of $64,590 in the lowest bid. The five alternates are fencing for the game field #1 for lacrosse, and barrier fencing field #1, barrier fencing field #2, outfield fence for baseball field, foul line fencing and gate at the baseball field. He is looking to complete the base bid portion, using some of the maintenance revenues collected over the last year and a half. He and the School Athletic Director will attend a Booster Club meeting to update them with the project, to show them where we are, what the alternatives are and there has been some
acceptance that they may be willing or able to help out. The balance of the initial phase of the project we included in next year’s Capital Budget, but we may not be able to open the fields by spring. We have had a problem with the grass, Public Works has now taken over the maintenance of the area and the turf enhancement, so we expect that to improve fairly rapidly. We are targeting the baseball field, for the summer. Public Works has finished the aprons and the cut through of the island, and to this point, other than in-kind services and staff time, we have not put any money into this project. Engineering estimates that the work that Butler did, and was redone over and over, would have run about 1/2 million dollars, in earth moving and work, and we are working with $293,000.
Chairman Hines reported we have some timing problems here, because you want to get these contracts out, and we have a resolution before us to go to the Board of Finance, but they do not meet until the end of the month, and you need the money to move quicker than that. The Director reported the fencing job is not a difficult one, and we could do it before the snow flies, but not so much for the fence the price of steel for fencing does not seem to be showing any sign of letting up, and the price is driven mostly by the steel price, to the point where in our original proposals we thought we could do most of the project, but now we are coming up short.
Chairman Hines reported the $20,000 you are requesting of the Board of Finance will probably be approved, because it is coming out of your accounts, and not out of surplus. We could take the money out of our contingency funds so that you can proceed, assuming that the Board of Finance is going to approve this. The Town Manager reported what we are asking for is an expenditure as a contingency if the Board of Finance will not approve taking the $20,000 out of the existing monies that we have. Mr. Woodford questioned if we cannot use the fields, why are we in such a hurry? The Town Manager reported we have outstanding bids and because of the weather we want to let the contractor get the fencing in, or we not award the bid, and go out again next spring. He reported we have some issues with
the State Grant monies, of the $64,590 most of that is state grant money, and we would like to get that closed out, and get the paperwork filed. Chairman Hines reported we can do that but what we are concerned about is the additional money.
Mr. Carlson reported he has concerns about the numbers, the base bid is $64,590, of which you are taking $48,000 from remaining State funds, which leaves you with a $15,000 shortfall, and that $15,000 is coming from? The Town Manager reported we charge a $5.00 fee on all registrations for maintenance work, but that requires an appropriation from the Board of Finance, and the Town Council. Mr. Carlson questioned where the $47,000 for all of the base alternate bids would come from. The Town Manager reported from future capital improvement program budget requests. Chairman Hines reported they may receive some from the Booster Club contributions, and reduce some of the capital request. Mr. Carlson reported his problem with that is going to them asking them to donate also, what is the order of
priority here, what is first, do we want them to donate first to this project or to donate first for lights on some tennis courts down the line? His point is where is the master plan for all recreational activities? What are you going to use it for next and what is your priority, is Buckingham the highest priority for the Town in terms of athletic fields? There are five alternate bids here, what priority is first and foremost? The Director reported they are in order of priority.
Mr. Shea reported this is a very high profile project, and the Town has not put any money into it yet, at whatever time they do that is not what he wants to discuss. The issue is we need to complete this project at some point in time. What he wants to know about is, he walks there in the morning, the grass is not in good shape and he needs to understand a little more about the PH issue versus just a bad seed. Second issue, if he were a member of one the civic groups, and someone were to come to him to make a donation, his first question would be what is the priority for the Town, and how much has the Town put in. At this point we are not a true partner, we have invested a lot of staff time, it is going to benefit that area and this Town, but we need to say whether we do it now or in the spring, how
are we going to get the funds to finish this? Unfortunately the master plan is not going to get done in time to try to get this project going.
Mr. Carlson reported he has less problem with allocating the $15,896 to complete the base bid, that is the lessor issue here. He understands that you want to get in there now while you can before the weather turns, he had a bigger issue when he heard of going out to talk to the Booster Club to raise money. The Recreation Director reported the Booster Club knew at some point he would be approaching them, and knew where we wanted them to go, they were not surprised when he requested to be put on the agenda. He is not going to ask for money, he is simply going to show them where we are, outline our shortfalls.
Mr. Shea reported the question is, first and foremost is this multi-purpose field the number one priority for the Recreation Committee in the Town of Avon? The Director reported next to completing the master plan, it is. Mr. Shea reported then if it is the number one priority, then the real issue is whether we spend the money now or whether we spend the money in the spring, we do not want to do this half way, are we going to finish this? Mr. Woodford reported he has been there, they should not and probably would not be able to use those fields until 2006, because of the grass. Mr. Carlson reported before we commit $47,000 to base bids, we should figure out whether we have to put xxx number of dollars into grass. The Director reported we are already addressing the grass, our people have
already taken over, and he has confidence now that it will be done. The Public Works Director reported we have spent about $1,500 on lime, to get the PH up and we put new seed in.
Mrs. Hornaday questioned where the field interfaces with the accessible playground area. The Director reported once the excess material is removed it will be done in conjunction with the field, but they are not in the same immediate area.
Chairman Hines reported the Town Council has raised the question as to whether this is the best use of this money, or whether it is needed to help out with the grass situation. The Director reported we are using present resources for the grass area, just like we would with any other park that we are using, it will be maintained, it is mainly manpower. The PH issue when we took over the field area was well below 5.5 and it needs to be closer to 6.5 for an optimum condition, and each application takes four to six months to take effect, and only brings it up a couple of percentage points at a time. Our turf people have told us that this is just a function of the material that is there, it is very acidic.
The Town Manager reported the Parks & Recreation Committee has met and the Town Council will be getting their capital improvement program at our next meeting. Their top priority is the recreation master plan, which has a price tag of about $80,000. After that their top priority was to finish off this particular field. The issue we always run into in the spring is how much money we want to budget in the capital improvement program, given the contingencies of the budget process at the time, and there are a significant number of capital improvement program projects, some of which you are going to hear later this evening and others that you will hear in two weeks, and in December. You can just reject all of the bids, if you want to delay this, and put it back out, we can ask the State for an
extension if that is necessary on the $40, 000 that we have in the State grant, and we can put the whole thing back out to bid in the Spring. Chairman Hines reported we should spend the State money and get that part committed. The Town Manager reported but what you have though is that the bids that came in which are designed around particular aspects of this, exceed the State money. So you are either going to have to cut back on the scope of what we are doing, then we will have some State money left over, because to divide off this, to do a section of fence when you really need more of it, which is tied in with the base bid. Chairman Hines reported he has no objection to taking money out of this maintenance account, that is what it is there for. Mr. Shea reported he is in favor of it, his concern was if we do this then it would stop, what are the priorities, he does not want to just complete the base bid, it should be finished. The Town Manager
reported the Town Council has the discretion to say they want to switch the Recreation and Parks Committee’s priorities, to put the rest of this roughly $50,000 in to finish all of the fencing, and then we will do the rest of the Master Plan. That is your option as we move through over the next several months of the budgeting process. Mr. Shea reported his priorities changed when he saw this project was not getting done.
Mrs. Hornaday questioned whether they had discussion with the Board of Education on this, and that they are anticipating that they will have the use of these fields for practice in the Spring. We need to proceed with this as practice areas that they would be able to use. The Town Manager reported this project has been financially driven, and driven by the fact that the Town did not want to put money into it, that we were going to get grants and so forth, and proceed in that manner. The finances have driven the timing, the implementation and other factors surrounding it, obviously if money was not the driving force, we probably could have had it ready last year. It may not be able to be ready next spring because of the growing issues, but if money is not the object we can move this along as rapidly,
just let us go with it and we will do it. We have been trying to manage this at no cost to the Town, and so far we have done fairly well. In the original grant application, there was an assumption that somewhere in the neighborhood of $20,000 to $25,000 would be donated either in-kind or in cash from different organizations, and we have not received that yet, and we can take this to some of these groups and show what we have, and perhaps suggest that if they are interested in contributing, now would be an appropriate time. We may be able to move some of these other fencing issues along. Mr. Shea reported he is in favor of what you are saying, except he does not think it was said that we were not in favor of putting any money into this project. We were going to use as much state and civic money that we could, and the Town would come in at the end and make sure that this was done and done correctly. Chairman Hines reported if this is one of our
priorities, and we are going to do it in the spring, why not do it now.
On a motion made by Mr. Shea, seconded by Mr. Carlson, it was voted:
RESOLVED: That the Town Council award the base bid for Phase two of the Buckingham Field area in amount $64,590, to Eagle Fence Company, Inc. for periphery and infield fencing, using $48,000 in State Grant funds, and
RESOLVED: That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $20,000 from Account #09-0360-43922, Recreation Activities Fund, Other Local Revenues, Fund Bal. Unres. Des. Maint. Exp. and Account #09-8700-43918, Capital Projects Fund (Facility & Equipment), Other Financing Sources, Interfund Operating Transfers In and Account #02-4829-53349, Capital Projects Fund (Facil & Equip) Town CIP-Facilities, Buckingham Rd. Athletics Field.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
04/05-12 FY 05/06-FY14/15 Capital Improvement Program Budget Review
7:45 p.m. General Government
The Town Manager reported there are only two items, the Town Clerk’s vault, and the other is focused in on the Dial-A-Ride program where we applied for the bus, with an 80% grant and McLean Home makes up the rest of it with no particular cost but it is something that would appear in the capital budget.
The Town Clerk reported she is reluctant, due to the fact that we have been working on Building #7 for five years. She reported she felt she had to address it due to the fact that the State Library Director cited us for our vault. She believes we can continue operating out of that vault, there is some question with maps, and we brought in a computer and printer for better access. The books, as was mentioned West Hartford has converted their books to 8.5 x 11, but it would cost some money to convert present books in the vault, which would probably gain some space, but we are reaching the ultimate life of that vault because of the space. We do have people who come in to work in that area, and when you get four or five people in there and it is very difficult. Chairman Hines reported he has had people
complain to him that there is no lavatory in there, the recommendation for a unisex bathroom makes sense. The Town Clerk reported it was a recommendation of the architect. She felt that she had to present this budget, but does not expect anything to be happening, but this is something that we are going to have to face in the future. There is one item that she would like to say, someday she will be retiring. She would not want to leave that problem for someone new to face.
8:15 p.m. Police Department
Chief Agnesi reported this morning the Avon Police Department was recognized as being the first Law Enforcement Agency in the State of Connecticut to be fully State Accredited by the Police Officers Standards of Training Institute. They presented us with a certificate and a press release will be coming tomorrow. Chairman Hines reported this is not the normal accreditation process you have been going through. Chief Agnesi reported that is correct, the State of Connecticut over the past six or seven years has developed its own specific State Accreditation Program, there are about 10 in the country. It is somewhat similar to COLEA, with a reduced number of standards however some of the standards for Connecticut are State specific, that we would not have to comply with for the International
Accreditation. We had to comply with 15 additional standards, and we were pushed a little bit so that we would be the first ones in Connecticut, and we were the first. Chairman Hines reported you can be quite proud of you accomplishment, and it should help with recruits. He also reported that should be put into the newsletter. The Town Manager reported it is interesting to note, that the Chief had said that 15 states have gone into state accreditations, the program started back 20 years ago and it was looked upon very skeptically initially, was resisted by organized labor and others, and now 20 years later, we see 15 states that have now gone into their own accreditation programs because they have realized the value of the national accreditation program which we have been participating in for over ten years. It is somewhat of a vindication of what we have been doing.
Police Chief Agnesi presented their Capital Improvement Program for FY2005/2006 as follows:
Records Storage System $38,000.
Complete Replacement of Communication Center Equipment $650,000.
TOTAL $688,000.
Chief Agnesi reported the first item once again is the records storage system. The past couple of years our current storage system, our current records vault consists of all 5 drawer filing cabinets, obviously there is much wasted space on the floors and ceilings, this new type of records storage system is on movable tracks, to utilize all the storage space right up to the ceilings, doubling the amount of storage capacity. This area contains all application forms, etc, all internally generated, personnel and index files, video tapes, recorded tapes, DVD’s, and all types of media that we are now getting into.
Mr. Woodford questioned whether it makes any sense, or you have the opportunity to combine this with the Town Clerk’s new project to expand her vault. Chief Agnesi reported, no, ours need to be separated because of the confidentiality issues and should be kept separate. The Town Clerk questioned whether a portion of the vault could be secured, her request is for a 500 square foot addition. Chief Agnesi reported he does not know, not to say that might be possible, but he has never heard of them being off site from the police facility, it is always within the Police Agency. It is certainly something to look into. The Town Manager reported that is something that we should look at, we may not be using every single square footage of that vault initially either, and it may be the type
of thing that we can work one of these into that on a temporary basis, which would forestall things, as we might be looking at a new police facility in here or something in the 5 to 10 year part of the program. Chairman Hines reported the timing is a key item here, the Town Clerk has a new proposal for the vault, and he is reluctant to start that program before we finish what we have had going on for several years in the old buildings, and we talked about the fences, then we work on the vault. It may be a long time before we have anything new in the building, but if we do proceed ahead, it would be something to consider, and have an architect to do the work there may be a probability. The Town Manager reported it may be that the rack system being looked at, could be later used by the Town Clerk in some way and temporarily used by the Police Department and secured so that it might fit your requirements, depending upon how often you would need to get at the records. Mr. Carlson
reported perhaps you could store your older records there as archive.
Chief Agnesi reported the other item is replacement of the communications center equipment, as discussed the previous year, it is a backup plan to the Regional. The problem with that plan is that Farmington has a new Police Chief, he spoke with him about the plan, who has significant concerns and other issues that he is looking at, and it may take a little longer. The towns involved in this with us are Farmington and Burlington and Burlington Fire, which we would need to comply with the transition grant to be reimbursed by the State. Chairman Hines reported Fire Chief DiPace is very discouraged on all regional efforts right now. Chief Agnesi reported as you know they get bogged down for some reason, and he is a firm believer in it, and the Town Manager is as well. He knows this will work, and
is confident that sooner or later it will go that way, we are putting together some additional and revised figures without the other towns involved. Chairman Hines questioned if that would impact this $650,000, if it did not go. Chief Agnesi reported yes, most definitely, that is the issue here. If we can go on the regional level with Farmington that should go to $100,000 or so. Mr. Shea questioned whether Canton will participate. The Town Manager reported they have not been viable for quite some time. The one that we were concerned about was Simsbury, as they indicated an interest and seemed to in up until relatively recently, they were looking for immediate savings of substantial amounts within the next six to eight months, and the project is not focused on that. Mr. Woodford reported this is not a money saving issue. Chief Agnesi reported it eliminates the duplication of equipment. The Town Manager reported the first part of it,
there is going to be just transference of costs initially, but as you implement it and go forward, and we were hoping to have it in place by now. Now we have to replace our console and our equipment, now you are going to start to see the savings that would have been there even if we implemented it a few years ago, you are going to see the savings now. It is more preventive, and eventually you will see it work into the personnel areas and other areas. Chairman Hines reported it is difficult to get anyone to work on a regional basis, Avon is probably one of the best towns doing it. Mr. Woodford reported we are probably one of the only ones. Chairman Hines reported yes, and we have done it and saved money. Chief Agnesi reported it is done all over the country, except in the northeast. Chairman Hines questioned if we spent this money, is it possible in the future if we then go regional, to get other towns to share the costs that we have
spent. Chief Agnesi reported it is possible, but our location would not be large enough to handle the size of Farmington. Farmington has a system with 4 separate console positions, in a very large area twice as big as this. Chief Agnesi reported we would have personnel issues, as we would be taking our staff and bringing them to Farmington, with some time, more discussion and shared knowledge this may work out. Chairman Hines questioned how much time we have before we have to replace the equipment. Chief Agnesi reported that is difficult, we have a consultant that we work with, the equipment that we currently have in the facility on and off sites, the age varies. At our dispatch center it is approximately 10 years old, we have replaced some equipment as necessary, but the recommended replacement schedule for the base communication center is between 7 and 10 years. That recommendation is furnished by an international general communications
company, GAVCO. We have had issues with some equipment, we put some effort into replacement of some parts, and our provider has done a good job.
04/05-24 Appointment: Inland Wetlands Commission
On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council table this item to the December 2 meeting.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
NEW BUSINESS
04/05-33 Review and Discussion: Recreation and Parks: “Round-up” Program
The Director of Recreation and Parks reported we have been discussing special needs with the Social Services Director. When people register for a program, there is an opportunity to make a voluntary contribution to a fund which will allow people of lesser means to participate in recreation programs. When he brought it to our Social Services Director, and there is a letter from him attached, we have changed no procedures on how we qualify people, we do not do that, we respond to requests that come from Social Services. Our goal here was to give this a try, one of our concerns is to make sure that this money is isolated for that need. Chairman Hines reported if you fee is $20.50 it would then go up to $21. The Director reported that is correct, but they can round it up to whatever they want.
Mr. Carlson reported the name has some negative connotations to it, we should come up with something else. The Recreation Director we will come up with something else, but it was used in order to give credit to those doing this.
Mrs. Hornaday reported she read that a lot of the funds that Social Services uses are not by funds that we provide necessarily through the budget. She is uncertain how many people in the community are aware of this, and it might be advisable for us, as the fund that he had for helping out families was low, to put an article in our newsletter about the fact that funds that are available for fuel oil and food, and things like this for our families in town are provided by donations from the residents, and are not a part of the annual budget. In an effort to encourage individuals if they want to make a donation that this is available to them. But a lot of people who hear about the fuel fund, they may think it is just part of the Town Budget. The Director reported the goal and the purpose of bringing
this to the Council, is that we are preparing our Winter/Spring brochure for registrations in January, what better time than to initiate that. The other goal here, is not to use some of the money that Social Services has in that fund for essential services, for recreation programming, we have the ability to be able to get that money separately. We would have the ability to generate a few dollars, to support recreation activities, perhaps this may be the way to go, and he does not think that people would be at all hesitant.
On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council approve the Recreation and Parks Department request to establish, explore and implement on a pilot basis the “round-up” program, to enable residents using their programs to have the opportunity to donate an amount in excess of the fee to be used towards others less fortunate to participate.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
04/05-34 Review and Discussion: Adopt-a-Road Program
The Acting Director of Public Works reported a representative of the Lions Club contacted him and stated they are looking for some kind of a civic program, and mentioned road policing programs. While it is not a big problem, we do have Old Farms Road that is probably the most heavily traveled roads, and in the summer it is quite bad with people tossing things out of their vehicles. The Director reported we have seen where different groups sponsor a road, he went onto the Internet to research this. One of his staff developed a program policy, if the Town Council approves of the concept, he will forward it to the Town Attorney for review, which includes various forms for people to sign. While he does not think there is any liability for the Town, but a sign on Old Farms Road and on others being
sponsored would help the Town a little, and it would be civic participation. Mr. Carlson questioned whether these signs would be affixed to other signs or by themselves. The Director reported he also does not like sign pollution, we will take this under consideration. Mr. Woodford reported it should be a very tastefully done sign. Mr. Carlson reported yes, tastefully done and affixed to another tastefully done sign. Chairman Hines reported if the Lions Club would like to help that would be good, it is a fine group and they do a lot of good work.
On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council approve and authorize implementation of an Adopt-A-Road Program Policy through the Public Works Department.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
04/05-35 Review, Approve and Award Bids:
(a) Uniform Supply and Cleaning Service
On a motion made by Mr. Carlson, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council award to the apparent low bidder G & K Service for provision of Uniform Cleaning Service in amount $8,777.60 for a period of three years, as recommended by the Director of Public Works
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
Catch Basin Cleaning
On a motion made by Mr. Carlson, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council award the contract to the apparent low bidder Pye, Inc. for catch basin cleaning in amount $18.50 per catch basin for FY2005/2006, as recommended by the Director of Public Works.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
Street Sweeping
On a motion made by Mr. Carlson, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council award the contract to the apparent low bidder Pavement Maintenance Systems for street sweeping in Spring 2004/2005 in amount $490 per mile, as recommended by the Director of Public Works.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
04/05-36 Review Discussion and Acceptance: FY05/06-07/08 Teacher’s Contract
Chairman Hines reported we received the contract yesterday. Mr. Woodford reported in general, it seems to be reasonable and going in the right direction. Chairman Hines reported absolutely, and he would recommend that we approve it. The past couple of years we did not make any decisions, and just let it go into effect on their own, but this is a very reasonable contract, has some good things in it that benefits both teachers and the Town. Mr. Woodford reported the percentage increases for most of the teachers or staff were reasonable. Mr. Carlson reported the percentage increase was reasonable, given current conditions, and importantly the advances they made in healthcare. Mrs. Hornaday reported they did a good job, especially given the fact that they continued working even as they were
getting close to arbitration, then came to an agreement.
On a motion made by Mr. Woodford, seconded by Mr. Carlson, it was voted:
RESOLVED: That the Town Council approve the FY05/06-07/08 Teacher’s Contract between the Board of Education and the Avon Education Association, as presented.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
04/05-37 Road Acceptance: Foothills Drive
The Town Manager reported the Engineering Department has inspected this road during all phases of construction and found it to be constructed in accordance with Town of Avon standards for road construction, and the developer of Far Hills has requested its acceptance. All necessary instruments to convey title to the road and storm drainage have been submitted and reviewed by the Town Attorney, and the Deputy Town Engineer recommends acceptance of this road.
On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council accept Foothills Drive into the Town of Avon Roadway System as recommended by the Deputy Town Engineer.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
04/05-38 Road Acceptance: Vermillion Drive
The Town Manager reported the Engineering Department has inspected this road during all phases of construction and found it to be constructed in accordance with Town of Avon standards for road construction, and the developer of Far Hills has requested its acceptance. All necessary instruments to convey title to the road and storm drainage have been submitted and reviewed by the Town Attorney, and the Deputy Town Engineer recommends acceptance of this road.
On a motion made by Mr. Woodford, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council accept Vermillion Drive into the Town of Avon Roadway System as recommended by the Deputy Town Engineer.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
TOWN MANAGER’S REPORT/MISCELLANEOUS
The Town Manager reported the Director of Public Works has requested improvements to be made to the HVAC System at Firehouse #1, which we will try to cover through our existing budget, but if it is a difficult winter and other issues, we may be back late next spring when we get to year end transfers that we may need to cover that out of the contingency account. It is about $4,800, an unbudgeted expense.
The Town Manager reported we have a need to replace the generator at the Town Garage, the fuel injection system and other parts are failing in that generator, purchased used in the 1980s, when we went through the regular maintenance of it, we uncovered these problems and called people in to look at it, and were informed to replace it. This generator operates the gas pumps, the lights, and the maintenance equipment, the radios that are the backup of the EOC for the town at Public Works. He further reported we have it out to bid and we hope to have the bids for the next meeting on the 18th. At that point in time we probably will be asking for the Council to approve it, contingent upon Board of Finance approving it out of surplus, if not, we will be looking to take it out of contingency. Mr. Shea questioned if it could be rented for six months, then proceed to purchase, if we can afford it there should be no problem. The Town Manager reported yes, it would be a lease/purchase
arrangement in the bidding documents as well.
The Town Manager reported UNICO has donated $4,000 out of the funds they had collected and earmarked for Avon Day to the Special Needs Fund. The Social Services Director will be writing letters on behalf of the Town of Avon for that. Chairman Hines reported this should also be included in the Newsletter, including the Gifts of Love, as people are being asked to support both of these now.
The Town Manager reported there is a special meeting on the 18th, at 7:00 p.m. on Capital Budgets. He will not be able to attend the December 2nd Town Council meeting, he will be at a CCM conference, and will not return until the 6th. It was the consensus of the Town Council to reschedule the regular meeting of the Town Council for Monday, December 6, 2004 at 7:30 p.m.
EXECUTIVE SESSION: (Property Purchase/Sell, Labor Negotiations)
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. Shea, seconded by Mr. Woodford, it was voted:
RESOLVED: That the Town Council come out of Executive Session at 10:00 p.m.
Mrs. Hornaday, Messrs Hines, Carlson, Shea and Woodford voted in favor.
ADJOURNMENT
The meeting was adjourned at 10:00 p.m.
Attest:
Caroline B. LaMonica
Town Clerk
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