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Town Council Minutes 05/01/2008
AVON TOWN COUNCIL
MEETING MINUTES
May 1, 2008

CALL TO ORDER


The meeting was called to order at 7:30 p.m. at the Avon Town Hall, in the Selectmen's Chambers by Chairman Carlson.  Members present: Mrs. Samul, Messrs. Pena, Zacchio and Shea.  

SERVICE AWARDS:


Chairman Carlson presented the Town Manager, Mr. Philip Schenck, Jr. a proclamation for 30 years of service to the Town of Avon as Town Manager.
RESOLVED:       That the Avon Town Council on this the 1st day of May, 2008 adopt this resolution in recognition of Philip K. Schenck's dedicated and faithful service as Avon's Town Manager for 30 years.  The Town Council wishes to express on behalf of the Town of Avon, its appreciation for his service.
WHEREAS:        The Avon Town Council on this the 1st day of May, 2008 adopt this resolution in recognition of Philip K. Schenck's dedication and faithful service as Avon's Town Manager for Thirty Years. The Town Council wished to express, on behalf of the Town of Avon, its appreciation for his service;
WHEREAS:        The Town of Avon has benefited from his outstanding qualities for thirty years. Phil possesses notably his wisdom, uncompromising honesty, integrity, highest moral character and his exceptional fiscal management skills.  He has always displayed a high minded sense of duty to his professional and the community.  He has established a record of achievement that is a source of pride to Avon.
WHEREAS:        Phil has guided our financial goals which provided us with a solid financial position that has earned Avon the coveted AAA Bond Rating.  His financial judgment has been positive and firm and his guidance in the Town's Budget process is outstanding.
WHEREAS:        He has fostered growth in this community as our Economic Development Representative.  He has been able to negotiate with firms to relocate in Avon. This is testimony to his ability to negotiate for business/commercial relocation as well as constantly addressing our open space needs.  His demeanor makes him a skilled negotiator; an excellent listener and has a tremendous amount of patience to work in a very competitive environment.
WHEREAS:        Beyond the fact that he has excellent managerial skills, he is considered, rightly so, one of the best Town Managers in the State. He has demonstrated that he has a thorough knowledge of all facets of town government. The Town of Avon is indeed proud of his record of service during the Persian Gulf when he contributed to the success of Operation Desert Storm.
NOW, THEREFORE, BE IT FURTHER RESOLVED: That the Town Council of the Town of Avon, on
behalf of its citizens, express its grateful appreciation for PHIL'S thirty years of service; and this RESOLUTION be spread upon the minutes of the May 1, 2008 Town Council  Meeting and that a copy of this Resolution be presented to Philip K. Schenck, Jr.
Phil, thank you for thirty years.

Mr. Schenck stated he will take this opportunity to say a few words. "This was a surprise to me but I could not have done what has been attributed to me without the strong support of all of our staff here at the Town Hall and particularly the citizens of Avon and all the members of all the various elected and appointed boards. It is a team effort and we are all looking out for what is best for Avon and I am sure that will continue. Again, thank you very much."

A.      Presentation of Natural Resources Award


Diane Hornaday stated that she has been given the privilege to present this award to Mr. Hunt since she has such a fine and long association with Mr. Hunt.  Beginning in 1952, Bob served as a Neighborhood Commissioner and was the liaison for the Charter Oak Council and the local Avon Boy Scout Troop. He served on the Farmington Valley Junior Chamber of Commerce.  He served as the Vice President, President and Director of the Junior Chamber of Commerce.  He was Founder and President of the Young Republicans Club of Avon.  He served as the Assistant Prosecutor of the Avon Town Court.  He was elected and served on the Avon Board of Education.  He was counsel to the Avon Volunteer Fire Department pro-bono.  He has become an honorary life member of our Fire Department.  He continued as president of the Farmington Valley Babe Ruth baseball league and served beginning in 1965 as the Avon Town Attorney.  He served as President of the Avon Community Chest and also was a founder of the Talcott Mountain Science Center where he was a Trustee and President of their board.  He served on the Council for the Connecticut Volunteer Fireman's Historical Society and is an honorary life member.  He has served as founder of the Avon Land Trust. He served on their board and was pro-bono counsel to them for many years.  He became a member of the Republican Town Committee and member of the VFW Post 3272 where he is currently an officer.  For 20 years he was moderator for a number of the elections in Town.  Because we are talking about the Natural Resource, we are talking about a man who these are professional accomplishments but in his personal life has had a great commitment to the land and environment and maintaining the quality of life we really want here.  At one time raw sewage was being introduced into the Farmington River and he was very active with people he knew in working to have that mediated and taken care of.  We all know now that you can fish and swim and enjoy the river as it was intended to be enjoyed.  Also the found land, that was never really lost, we just didn't know about it, was found by Mr. Hunt and he did a great deal of the work in determining exactly what the parameters of the land were and got everything cleared on the land records for our Town.   He loves to fish and he loves the land and am delighted that the Committee has chosen him tonight.  

Chair Marianne Clark read the Natural Resources Award and it stated:
This evening the Natural Resource Commission is happy and honored to present you,
Mr. Robert Hunt, with the Natural Resource Award, recognition of your foresight
and initiatives regarding the preservation of Open Space by the Town of Avon and
the Avon Land Trust.  You were personally instrumental in facilitating the acquisition
of numerous properties to include Fisher Meadows, Huckleberry Hill Farm
land, Hazen Park and Talcott Mountain Science Center which have been permanently
protected for the benefit of past, present and future generations. I am proud to present
the Natural Resources award to you. Thank you for your service.

Mr. Robert Hunt stated he had an inkling of what was going to happen this evening and thought about what he might want to say.  "I am here not because of what I have done or might do in the future but I am here because when I can hear people were willing to say if you want to get involved, then get involved and we will help you along the way. The first person and this might shock some people, to say that to me was Ted Manion with the good of Avon party.  A lot of people don't know about the Good of Avon Party with Ted Manion but he was the Postmaster of this Town and when I went to pick up the mail he pulled me into his back office and said I want to tell you about the good of Avon party.  All the time I have been here I have been nurtured by people who wanted to have people involved in the Town and for the good of the Town.  I think that is a heritage that we have now and I think the Council has the same sense of it that I do.  I hope we continue to foster that culture and if you do, you will have more people like me standing up here. Thank you."
        
B.      Service as Chair, Board of Assessment Appeals


Chairman Carlson stated there is one more proclamation to award tonight and that is to recognize the services of the longtime standing Chair of the Board of Assessment Appeals and that is Russell Peckham.  Chairman Carlson presented the following Resolution:
RESOLVED:       That the Avon Town Council on this first day of May, 2008 adopts this resolution
               recognition of the role that you have played in the Town of Avon.   
WHEREAS:         Russ, at the meeting we wanted to acknowledge your decision to resign as Chairperson for the Board of Assessment Appeals.  We are comforted by the fact that you will continue to be a member of the Board.  We know that your career began in 1987 when you were first elected to the Board of Tax Review, (now know as the Board of Assessment Appeals.)  As you assumed Chairmanship in 1990. As a Chairman and a member you have spent many hours over a number of years.
WHEREAS:         You have always dedicated compassion, calmness and efficiency to anyone who appeared before your board and you displayed the same qualities among your fellow board members.  You are held in high esteem by present and past fellow board members.  Many times during Revaluation these qualities you possess are most important to uphold the integrity of Revaluation.  You have always had the best interest of Avon at heart and you exemplify the meaning of giving back to your community with your involvement of many organizations but most notably the Avon Volunteer Fire Department.  
WHEREAS:        You have given the Fire Department 35 years serving many roles and most recently as acting veteran. You have played the important role of Town Council Representative to the Fire Department. You were always in attendance at Town Council meeting when the issues concerning the fire department were discussed.
BE IT THEREFORE RESOLVED: That this resolution to the Town of Avon expression of appreciation
to Russ for all of your civic contributions and that this resolution be spread upon the minutes of the Town Council May 1st, 2008 meeting and be presented to Russell C. Peckham.
Russ, thank you so much.

Chairman Carlson stated the Town is blessed to have the likes of Russ Peckham and Bob Hunt and so many other who have contributed so much to the growth of this town and to the strength of the Town.  

Mr. Peckham stated "I want to say thank you to everyone who works with me on the Board. The Assessor and the clerk have done a lot of work.  It has been a pleasure working with the people on the Board.  They are really sincere and they really want to take care of the Town. I have never gotten into a situation where it wasn't taken care of just by communication. I just love Avon. Thank you."

PUBLIC HEARING: None

MINUTES OF PRECEDING MEETINGS:   March 17, 2008
   March 31, 2008

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council accept the March 17, 2008 minutes as read,
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council accept the March 31, 2008 minutes as read,
Mrs. Samul, Messrs Carlson, Pena and Shea voted in favor. Abstained: Zacchio.

COMMUNICATION FROM AUDIENCE – Items not on this Agenda


Bob Weinberger – president of the River Mead Homeowners Association, reported last week we were invited to attend a meeting with the State Department of Transportation about the plans for Route 44, Route 10 and Nod Road intersection. He wanted to express to the Council the concerns of our community concerning this. It will greatly impact our community. The are actually going to truncate the entrance of our community and several of the homeowners in River Mead will find themselves having Route 10 front property. This will severely impact the property values and we would like to be considered in any further consideration of this.    Chairman Carlson reported that the comments have been heard and the comments are appreciated.  As we move forward in our discussions with the State we will ask that we carry those forward. Many concerns have also been voiced by the Council and by other residents in Avon.  Mr. Weinberger reported they are being asked as a community to subsidize this project by a decrease in our property values and it is an unfair burden on the homeowner and it will severely impact our community.

John D’Onofrio – 20 Crestwood Drive – reported he has lived in Avon for 15 years and am a very proud Avon resident.  Would like to bring to your attention, and some of you may be aware of on the school project that we are about to come to close you should realize that there is a lack of a press box in the renovation plans of the school.  He reported originally when the budget for the school project was projected, they were looking to make cuts and the press box was brought up as a possible thing that would cost a certain amount and at that time they were thinking about cutting it out since it was an expensive item.   We ended up putting in new bleachers but there is no press box. Right now we are $500,000 under budget, or not borrowing up to what we allocated to the project.  He requested the Town Council to review and recommend to the Building Committee they go back and see if they can put a press box in there. There were some concerns about handicap accessible ramps, about how it would be attached and there were some codes.  There was a press box prior to this renovation for over 40 years and there is no reason why we shouldn't have a press box now. It is very difficult to announce games or to have scouts or have any other coaches come without a press box or a viewing box.  Would like to have the Council look at it and vote on it and have it go to the Building Committee.  He reported he has net and put in over 100 hours into this pro-bono. Since we are under budget don’t see why we can't do this.  It does need to meet some codes.

Mr. Shea reported two years ago when the renovation plans were being looked at again due to the budget concerns. He expressed concerns about the press box and concession stand there for 40 years. It is part of the fabric of what we do at the high school.  It is the most premier and most visible field on campus in an era now where most of our fields are off campus.  He shared Mr. D'Onofrio's concern and enthusiasm, and it has been difficult as you have gone to different entities to see how this could get done. It will need to be a joint effort between the Town Council, Board of Finance and Board of Education. It should be viewed as a valuable staple to the Avon High School campus and it was there for 40 years. The decisions that were made in the past were made with all the best intentions.  

Chairman Carlson questioned the process that this should go through? The Town Manager reported  the education specifications, which are determined by the Board of Education, would have to be revised and presented to the Council.  The Council would then have to direct the Building Committee to include the revised educational specifications into there current plans and see if that could be accomplished or not and if it could be then the Building Committee could then come back to the Council or authorize the Building Committee to go ahead from there to accomplish the goals. The key ingredient here is to go to the Board of Education and get their concurrence.  A location would have to be determined and they are in operational control of those facilities.  The Town has given operational control to the Board of Education, which is appropriate.   The Board of Education is responsible for the maintenance of the facilities, setting up the policies that govern the operation, maintenance and other aspects of them. The Board of Education should be heavily involved though the educational specification or the revisions of the ones that were submitted two and a half years ago. The appropriate thing is to go to the Board of Education and request that they include it.  The Superintendent of Schools has indicated that the Board of Education was going to address the issue once the high school project was completed.  I do know the press box / concession stand was specifically not included in the education specifications at the time those were provided to the Town from the Board of Education.  It is an issue that the Board of Education really has to wrestle with as to whether they really want this, and if they do in what shape, form, location and how they are going to operate it.  All those activities need to be discussed by them.

Chairman Carlson questioned if this item was brought in front of the Board of Education?  Mr. D'Onofrio stated the Board of Education and Peggy Roell have been very helpful.  We have had discussions regarding a few things and there are several options available.  He is concern that the window is closing and is not sure when the sign off is on the project but there are contractors with machines down there.  We are trying to speed up the process before the project closes out.  

Chairman Carlson questioned when the project was scheduled to close?  The Assistant to the Town Manager stated the project is scheduled to close officially next June. The actual construction contract is just about wrapped up and they will be pulling out any day now for the substantial completion.  

Mr. Zacchio stated if the project was going to close after a period of time and it sounds like we couldn't add it to this project anyways since the contractor is almost done. We would want to re-architect what the press box would look like if the Board of Education decides to go ahead with it.

The Assistant to the Town Manager reported we would need to have something designed so we could put it out for pricing.  Mr. Zacchio stated theoretically within the same dollars as the bond if we were to go in that direction since that does not close out until the end of the project.  The Assistant to the Town Manager reported the Building Committee was looking forward to finishing but if it was decided to be added am sure we can do it.   

Mr. Pena stated when it came before Planning & Zoning we did discuss the press box. Hank Frey made the presentation to Planning & Zoning it was our understanding that the design was being taken out but it was going to be added back in.   Mrs. Samul stated she remembers it being an open ended item since they did not know where they would be putting it.

Chairman Carlson suggested Mr. D'Onofrio go before the Board of Education and if they deem this is something that they want done then it goes to the Building Committee, then it would come to us as a change order.  That is the way the process should work on any alteration to the building project.

Ms. Peggy Roell questioned if there is some consensus that it is worth the Board of Educations time to have a discussion since it could be potentially funded through the building project.  Chairman Carlson stated that since it was originally part of the design.  Ms. Roell stated it was not originally in the educational plans that went to the State. There was nothing to be done to the football field or the bleachers.   When the first review came back it was said since we were doing the field, the State and Department of Education, (the people who give us the 25% of the money), they said if we want the money then we would have to make the bleachers handicap accessible.  It was then decided to remove all the bleachers and to put in the handicap bleachers. Then it was brought up that the tower was a danger and was falling down and had to be removed and the amount of bleachers that were proposed was less than what we originally had.  The costs started going up and we had to put in an elevator as part of the project to get reimbursement from the State.  There was never any discussion about not wanting a press box, it was just what was the most cost effective way to do it and at what time. We have to meet all the State requirements because the State Board of Education had more requirements than Chuck Boos thought we would need, if we did it as an individual project. If we want to do the press box as part of the High School project we will have to meet all the State requirements which will cost more money and will go to the Building Committee they will indicate it needs to go to the Town Council because the Town Council said the Building Committee can't say yes or no to anything over $20,000.  

The Town Manager reported if it is included as part of the Avon High School building project then it needs to adhere to the State regulations. Dr. Kisiel was thinking if it was done as a different project we would not have to adhere to the State requirement. The idea was to have it done outside of the scope of the building project to try and save some money. There has been no talk however, in coming up with the supplemental appropriation.

Mr. Shea questioned if there was a design for the press box outside of this project?  Has the Board of Education discussed that part of it?  Ms. Roell reported that this has not been discussed because they were waiting for the project to be finished so we wouldn't get mixed up in the two projects. We didn't want the State to come in and say this is really part of the two projects.

The Town Manager reported if this happens it could make us ineligible for the funds since we did not follow exactly what the State said and we didn't have State reviews. While they could easily say we are just not eligible we are not going to pay, they could also decide that we are in some form of a violation of their codes.

Chairman Carlson questioned if there were multiple designs for this press box? He was not comfortable with saying go ahead with the project until  the Board of Education says this is what they want and this is a priority item for them and they have looked at other alternatives and this is the alternative that they are recommending.   Ms. Roell stated the Board of Education has not done all of that.  Dr. Kisiel has asked Mr. Sunblade to work with Mr. D'Onofrio to come up with some different options.  When the bleachers were purchased, they were purchased with the intention that at some point the press box could be attached to them. Chuck Boos picked out the one we wanted and knew that was ultimately what was going to happen. It was never an intention to not have one.  

Mr. Shea questioned if this was being worked on at this point in time?  Mr. D'Onofrio stated he spoke with Chuck Boos and he was kind enough to give me his time. We spoke about different ramps and about the cost and we figured on an estimated cost.  He could not start on a set of blueprints without the Building Committee's consent. The thing we are getting away from is that this was originally in the plans and it was going to cost $125,000 and due to cost it was removed. We are $500,000 under budget and with today's economy we could not go out there and raise the money to build it privately.

Chairman Carlson reported he agreed but from a process standpoint am not comfortable with saying this is the top priority with the excess money. That needs to come from the Board of Education and they have to say they looked at the items and this is their priority list of what they would like to do and what it will cost and at that point we can approve or disapprove.

Mrs. Samul questioned what determines whether or not it is part of the project as far as the State is concerned? If we use any of the money that we have received the Town people's approval for in the Referendum or if we use the same contractors? When does that project end as far as the State is concerned so that we would be at liberty to do something from the outside?   The Town Manager reported we would want to get a legal opinion on that. What would generally happen is the Bond Counsel would probably have to determine since this was not mentioned in the final project Referendum as part of the scope. Now where we are including it will depend on the price as well, the Bond Attorney would have to look at that.  The question did come up at some of the Building Committees meeting as to whether it was going to be included or not to be included. We would need a legal opinion depending on the scope and cost of the project. We can go ahead with the project and not go to the state for reimbursement but that is part of the original project.  The Town Manager further reported if the Board of Education decided that they wanted to revise the specifications and they wanted to add a press box and concession stand to the project and wrote a letter to the Town Council explaining they have revised the specifications we want to now include a concession/press box in the project, please consider this.   The Council would then consider this and if agreeing with it they would then delegate it to the Building Committee to have the architect look at the issue and put it out to bid and develop a plan.  The issue in that process would be the funding. Let's consult with the Bond Attorney concerning the fact that we are now adding this in after we didn't include it.  The Bond Attorney would then say yes it was in the original plans or report it is a no, it is not an essential item and it was not voted on by the residents.  

Chairman Carlson stated there are two separate questions here. One is including it in the bonding and the second is applying for the State reimbursement. The use of the bonding funds simply depends on the original specifications that went in front of the Referendum call for this amongst everything else.  Chairman Carlson further reported to Ms. Roell, he would suggest she appear before the Board of Education and see if that is something they want to move forward with and then bring it to the Building Committee and then come back before us.

Ms. Roell stated the first step would be for the Board of Education to request from the Town Council for money to spend to have an architect look into the plans so we can determine if it is $50,000, $100,000 or $200,000 project because right now none of us really know.

Chairman Carlson stated tonight the one thing the Council could do is authorize the Building Committee to have an architect come up with plans so then we can get a cost to see what we are working with.  The Town Manager stated the Council is looking for schematics verses details.  

On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED:       That the Town Council approve the request for the Avon High School Building
Committee to work with the architect on the High School project, Kaestle Boos, in an effort to
come up with schematic designs for a press box /concession stand for the purpose of permitting
discussions between the Board of Education and the Town Council.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

COMMUNICATION FROM COUNCIL


Mrs. Samul reported this week she attended the birthday at Roaring Brook, which was a lot of fun and there was discussion about perhaps integrating into there curriculum the use of Open Space in the Town.  There is a significant amount of Open Space adjacent to each one of our schools and we could perhaps have some communication with the Board of Education, P.T.O, and Town Planner so they could be better aware of the access.  

Chairman Carlson questioned if Ms. Roell could make room on the agenda for the Board of Education? Do the principals come to the Board of Education meetings?  It may be good for Steve Kushner, the Town Planner, to go before the Board of Education and do a presentation on the five buildings the plot lines, where the land is, and if the principals or other staff could be there they could have an idea of what they have to work with on there property.

The Town Manager reported he would have the Town Planner call Richard Kisiel, Ed.D. regarding it.

Mr. Shea stated that he attended the Volunteer Ceremony for the Avon Free Public Library on Wednesday it is important for our audience to know at the reception there was quite a balance and cross section of citizens in Avon as far as volunteering goes. It was refreshing to see that kids in school, as well as the seniors of Avon all made an effort to volunteer at the Library.

OLD BUSINESS


06/07-51        Status Report: Lower Farmington River Wild and Scenic Study Committee: Harry Spring, Diane Field


Mr. Spring from the Lower Farmington River Wild and Scenic Study Committee reported it has been
awhile since the last presentation to the Council and they are happy to have the opportunity. We have
just finished our first year's work with the lower Farmington River and Salmon Brook and last month
was the 40th anniversary of the Wild and Scenic Legislation. It has been 40 years of very successful work. Last week the State Legislature endorsed our efforts with the bill of approval of the House and the Senate and the Governor has just signed it. Tuesday of this week a new river was added to the list of rivers and that is the Eight Mile River in the Colchester area. I would like to introduce Ms. Diane Field, my co-delegate and Ms. Sally Weiger who is the Chairlady of the entire study committee and is the delegate of Simsbury and Mr. Jamie Fosberge from the Natural Parks Service based in Boston, Massachusetts and has very kindly joined us tonight for this presentation.

Mr. Spring reported the Wild and Scenic study of the lower Farmington River and Salmon Brook is alive and well and we hope to be completed with our work by sometime in 2009.  Representative Murphy has indicated his eagerness to craft the bill for Congress once we compile all of the information necessary.  He has indicated that he has a coalition of environmentally minded people in both the House and the Senate to facilitate the passing of this request. In 2006, we started as a committee and we have just completed a year's work. The Farmington River and Salmon Brook are among the United States best.  It was not uncommon to see sewage floating down the Farmington River 50 years ago but now we have a pristine environment. This town and other valley towns can now offer recreation on a clean river. If you look at this we have 167 rivers, over 11,000 miles of protected river, including seven in New England. We have a partnership that is designed by New Englanders. It is careful and well thought out.  Partnership works as a collaborative. It is a balance of town, state and private stakeholders all in equal partners with the National Parks Service.  

Management of the river should be based on a cooperative development plan that is widely our committee representing ten towns.  Volunteers are joining the committee each month who have become interested in helping to preserve the land. Land conservation initiatives related to a partnership with Wild and Scenic are based solely on voluntary and willing arrangements. This is the list of the partnerships with the upper Farmington River designation and that has been in place for 14 years now.   The funding has supported land acquisitions by the local land trusts. We hope there will be funding available for the projects in Avon not just for acquisitions but for inventories.  We have done a good job in Avon with the Natural Resource inventories.  The Town acquisition of Fischer Farm was a brilliant move.  If you think about the western bank of the northbound Farmington River in Avon, almost every inch of it is protected but we do need to coordinate with other towns.  

In the first edition of the newsletter there is an article about the freshwater mussels. We are very proud of the fact that in New England there are 12 species of freshwater clams, 11 of them are found in the Farmington River.  One, the dwarf ridge mussel are found in about five rivers on the planet and they are federally protected.  The restoration of the Squire Tavern in Barkhamsted was a project, the trail that goes through the Fischer Farms on the west bank was provided by the Town.  Funding would be available for similar projects.  

The original designation for the upper Farmington River includes Hartland, New Hartford, Barkhamsted, and a small area of Canton. This study involves determining eligibility - determine if the river has Outstanding Resource Value (ORV). Is there at least one Outstanding Resource Value? Is the river free flowing? Does the Town support this effort?  These are things that we need to determine for developing a plan for developing the river.  Can the fish swim freely upstream? Are there dams? The answer to these is yes. There is the Rainbow dam and then the one in Collinsville dam.  We are in the process of reviewing local regulations and we have given a contract for $20,000 to a legal firm to assess the regulations to each of the river's towns.  We will have a comprehensive look at how the Towns are cooperatively doing.  We never speak to each other in this regard but this will give us an opportunity to do that.

How are the ORV's and how are they being protected? Well, we identify the ORV's and protection is the next phase in the endeavor.  Responsibility? Well that needs to be defined and we have already done that in regards to local severity. Who is conducting the study?  The original committee included 22 people; a few of the Town's sent two volunteers instead of one. We have added to this group due to volunteers.  I would like to present Ms. Sally Reider along to touch on what we have learned so far.

Ms. Sally Reider reported one thing the Mr. Spring mentioned was that we had a bill introduced into the State legislature the bill expressed State support for Wild and Scenic designation for the lower Farmington and Salmon Brook, has passed the House, has passed the Senate, and was signed by Governor Rell on April 30th.  What you have learned so far is about Outstanding Resource Values.  It's about looking at what people value along the river.  Both the Farmington River and Salmon Brook are arteries that have a wide variety of species because they have a wide variety of habitats because in part of the geology and in part that we have good water quality in both the Farmington and Salmon Brook Rivers. Mr. Spring mentioned mussel diversity and that dwarf wedge mussel, which is our federally endangered wedge mussel.  This mussel is only found in five rivers worldwide.  That is pretty exciting if you think about the fact that you have a river with a lot of development on it, you have it running right through suburbia and you have something that is unique.  Leopard frogs are having a hard time in the wetlands along the river so there is a lot of biological value and there are some special plants along the river.  I know we have some in Simsbury that are not endangered necessary but some of them are rare and are found in special habitats.  Salmon Brook, in particular, has a good salmon restoration habitat.  A lot of juvenile Atlantic salmon are stocked in the Salmon Brook.  What we call cultural landscape where we are including history and archeology, Native American history, we have a lot of sites that are important.  In terms of more recent history we are thinking in terms of industrial history, Collinsville Axe factory, Farmington Canal, we are thinking in terms of some of the agricultural history since there good soil areas along the river.  Also, there are a lot of Native American site and one of the most interesting ones that I have learned about in this study is at the Connecticut and Farmington River in Windsor there is a Native American trading site that is 10,000 years old.  It is known to be a trading site because it has rocks and the tools that they found have come from different areas in Connecticut.  

Recreation along the Farmington and Salmon Brook you hardly need to mention. You have the Rails to Trails, people go paddling, there is fishing, bird watching, bike riding and in Granby they ride horses along the Salmon Brook.  Water quality at the Salmon brook is excellent.  Salmon Brook is what the Department of Environmental Protection calls one of last true cold water fisheries in Connecticut.  It is a very pristine stream and they have special fish that you don't find unless the water is clean and cold.  

Another thing in regards to the mussel's different species of mussels needs different species of fish to reproduce.  The mussel larva attaches itself to the fish gills and they travel up or down stream on the fish gills and the larva matures and then they drop off.  If you don’t have good water quality and you don't have those fish then you will not have a healthy mussel population.  The Farmington River's water quality is very good for a river of its size.  Obviously a big river has more development along the banks, and it has more industry along it.  The geology is interesting. One of the most commonly asked questions is why does that river go south and then turn around and go north? That is a weird thing.  The reason for that is, as the glaciers were melting the river did go south the whole way and ran into the Quinnipiac and was discharged into the New Haven harbor but as the glaciers melted they deposited a lot of debris and it couldn’t go south anymore and so it went north. We get more information all the time and we are waiting for the results from our studies to come in. We are particularly interested in hearing about the economic studies, because people are interested in what recreation and what other activities can be added to the local towns.

Mr. Spring reported these are the five categories that we lump our Outstanding Research Value's into. Each has been touched on by Ms. Reider in her presentation so I will not go into that but you will hear and read more about these in the future. Where are we now?  Well, our first tasks lead us to the authorization study.  You as a Council have provided the local representation for this. As you see the timeline is two to three years out and we did it all in one year.  We are rather pleased with our progress.  Public input is where we are going now.  We will be holding other meetings similar to this.  We need to get the message out.  At the end of this project our study report will go to the President and to Congress perhaps in 2009.  This would be a great achievement to the Valley and it would be a great asset.  Please pass on the message on to other citizens.

Chairman Carlson questioned what the Wild and Scenic Study Committee needed for the Council?  Mr. Spring stated they need to support of the Council, and anything that you may be interested in adding into the study. As delegates we are here to bring your concerns to life.  Chairman Carlson stated that on behalf of the Council you do have our support.  It is an important resource and attribute of our Town.  

Mr. Spring reported the Town will benefit from this and it has been a genuine pleasure to serve on this committee.

07/08-15        Appointment: Town Representative: Plainville Area Cable Television Advisory Council (R-6/30/09)


On a motion made by    Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council appoint Rosalie Renfrew to the Plainville Area Cable Television
Advisory Council for a term to expire June 30, 2009.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

07/08-77        Review, Discussion and Approval: Debt Policy


Mr. Shea stated it is a thorough and good policy and when it is used it will be a valuable resource.  Noted the change the Board of Finance made and understood the two word change. Hopefully this won’t be used that often but in the event however that is it will be a valuable resource and some of these projects are large and more expensive  then any in the history of Avon and making them difficult to pay for. This is a necessary vehicle to allow us to move the town forward with some of the very expensive projects.

Mr. Zacchio stated the policy was a lot of work and as we go forward it is important to have a policy in place that will keep us in check moving forward.

The Director of Finance stated the policy has gone through multiple reviews and has been reviewed by the legal and financial advisors and think we captured all of the changes and we are all comfortable in recommending it.

Chairman Carlson reported it gives us flexibility but gives us safeguards. Policies need to transcend the people in place on the boards.

On a motion made by Mr. Shea, seconded by Mrs. Samul, it was voted:
RESOLVED:   That the Town Council approve the Debt Policy. A copy is attached and is made part of these minutes.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

07/08-79        Appointment: Zoning Board of Appeals, Alternate (R-2009)
On a motion made by Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council appoint Maria Mazzicato to the Zoning Board of Appeals as an
Alternate for a term to expire December 31, 2009.
Mrs. Samul, Messrs Carlson, Pena and Shea voted in favor.    

07/08-81        Review and Discussion: Watershed Conservation Compact
The Town Manager reported this was tabled from the prior meeting because the Council wanted to hear the presentation from the Wild and Scenic River before you took action on this.

On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council accept the Watershed Conservation Compact.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

Mrs. Samul reported the Farmington River Watershed Association had a Shred-a-thon at Avon Old Farms Village this past week at which over 100 people showed up and collected over 450 boxes of material to shred and raised a little over $3,000.  It was a very creative way to raise money.

NEW BUSINESS
07/08-85        Bid Award: Transfer Station Disposal of Refuse, $613,359
The Assistant to the Town Manager stated we went out to bid in April for the various services that we have contracted out for the transfer station. That includes the compactors, two of them that we have been renting for a number of years, the hauling of all the materials to the various location that they go and the disposal of some items that are not disposed of at CRRA.  We did receive five bids from all the contractors we expected to hear from in the Avon area.  You will see a wide range of prices in the bid summaries.  The low bid we were no able to accept, from Paine's Incorporated, they did not include all the information required. The second lowest bid was from All Waste Incorporate.  They currently provide two of the compactors and some of the hauling at the transfer station. Overall, with the estimated number of trips we make each month for the past couple of years and the tonnage that we have been disposing of the bid came up to $613,359, that can change up or down over the three years depending on how much material is disposed of at the transfer station.  The prices did go up, we were hoping they might come down.  The price to haul each load went up $10.00 from what we are paying currently and that works out to an increase over three years of $32,000 and to offset that there are some savings in the bulky waste disposal and they are holding the prices for the construction and demolition debris at $80.00 per ton. This made them very competitive over the three years.  

On a motion made by Mr. Zacchio, seconded by Mrs. Samul, it was voted:
RESOLVED:   That the Town Council approve the bid award to the apparent low bidder, All-Waste,
Inc in the amount of $613,359 for a period of three years, for transfer station disposal of refuse.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

07/08-86        Bid Award: Department of Public Works Re-roofing and Related Work, $167,000


The Assistant to the Town Manager states we weren’t looking to come before you with this until after the Referendum because the second year of funding is included in there but the roof has continued to fail over the winter and spring and every rain event brings significant problems to Public Works. We had the Architect sit down with the Contractor and Public Works to see if there was a way to approach this project within the total of the bid knowing we only have $153,000.
They have come up with a plan $450,000 they can begin on that work immediately and the balance of the work would be  held off and not awarded that at this point until the Referendum has passed.  They are willing to do the work in two parts with no additional cost.  This firm is well known to us.  They did the Fire Company #1 project.  We are comfortable with their ability to get this project done.  We received seven bids for this project and the Senior Center.  The bids did come in much less than we originally planned. We expected this project to cost $387,000 and it is going to come in more around $332,000.  We would like to move forward with this now and stop the problems we are having.  Chairman Carlson questioned if the budget was to fail and if we had to cut this out of the budget for next year, what would happen?  The Assistant to the Town Manager stated they would fix a large portion of it.  It would not be what we would have hoped for but it would at least stop some of the problems we are having.  Chairman Carlson reported there is no way this requires us to move forward.  The Assistant to the Town Manager stated that is why I want to award just a portion of the project.  We are appreciative of the vendor and that they are willing to work with us on this.  Hopefully we can come back at the June meeting to ask the Council to approve the balance of it.  

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council approve the bid award to the apparent low bidder MDM
Engineering in the amount of $153,000 for a portion of the for the Department of Public Works
Re-roofing and Related Work project and anticipate the remaining funding will be made
available in the 0809 approved budget.  
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

Mrs. Samul reported she is getting overwhelmed by these roofs. Do we have an inventory of our roofs and the condition of each one so we can anticipate the work that needs to be done?  The Town Manager reported there was a Master Roofing Plan done about three to four years ago but what has happened is they have deteriorated faster than we can keep up with.  Chairman Carlson stated we may not have been able to keep up exactly with the original plan.  We may have slid a few things back.  Mrs. Samul stated so there has been an assessment of all the Town roofs and there is a plan for addressing them.  The Town Manager stated we are pretty much completed right now with the ones that we have. Which are  Town roofs not the school roofs.  Mrs. Samul questioned if we should anticipate any others being needed?  The Town Manager stated there are some in the Capital Improvement Program further out, if you look beyond the five year plan.
 
07/08-87        Supplemental Appropriation: $50,800, Emergency Repairs Avon Middle School
Roof


Mr. Gary Franzi reported over this past winter months and again this week with the heavy rains, we have continued to have more absorbent penetration of water into the Avon Middle School building, in particular the science office, small gymnasium, and we have three major offices where the water is actually penetrating the ceiling and dripping into the classroom at this point.   We have attempted over the last couple of months several temporary type repairs but at this point we came to the Council to request some emergency funding to cover the critical areas, which is the old roof where we have the privacy screening panels around the rooftop units.  What's happening there is the support system which is old pressure treated lumber is set into the roof decking itself and it is surrounded by pitch pockets, which is asphalt, that is cracked and the water is penetrating there as well as the expansion joint between the two roof lines between the old and the new buildings.  With the heavy rains this past week it is becoming more substantial.  The proposal you have before you was given to us by the contractor who has done the Pine Grove School roof and the Roaring Brook Elementary school roof and has also completed the Avon High School project. They provided us with a proposal of what should be done in that particular era.  What is being recommended is the  privacy panels be completely removed from the roof and the pressure treated lumber outside of that so we can remove all of the pitch pockets, which is about 20 panels that is equal to 1,000 square feet, with all of the support panels which would be taken off the roof completely.  The other critical area is the expansion joint between the two buildings.  The rubber between the asphalt has actually separated and cracked and water is just pouring into that section of the building.  My concern is the insulation beneath that is becoming soaked as well as the decking which concerns me because that adds weight.  In the proposal it recommends that we remove the pipes and the panels.  The actually patching up of the section of roof in that area, which is 225 linear feet of expansion joints and some fiberglass filling at this point would be temporary measures.  It is not a permanent replacement for the area.  The total cost of that was $4,800 for the re-flashing and the expansion joints. The removal and disposal of the existing roof, rental of the equipment and patching of the roof is $46,000. The total comes to the $58,000.   The Board of Education approved the request at the last board meeting to approach the Town Council for emergency funding at this point.  We did have in our Capital Plan this year, presented to the Town and we had the design work for the Middle School roof we also requested that half of the amount of the roofing project be set aside for this fiscal year.  Obviously due to budget constraints and deliberations the allocations for the roofing project was moved to the next fiscal year.  Believe right now the Architect that designed the work is still working and won't be done for the next few months.  Chairman Carlson questioned how this would impact that?  Mr. Franzi stated that he did not think it would impact it.  We would like to say to help curtail expenses or reduce expenses the larger repairs would be done in the next budget year but these are emergency temporary repairs to stop the water penetration into the classrooms.

Mr. Zacchio questioned when the privacy panels are removed are we going to find any additional work, are you pretty confident that we aren't going to run in to any other damage under there that will need to be repaired?   Recall those wood stanchions that are coming out of roof and the cement panels that are very heavy, any concern that once those are removed and we are cutting the bad parts out, that we are going to find addition repairs that need to be removed?

Mr. Franzi stated the same thing was asked of the contractors. They mentioned the only thing that may be found would be saturated insulation that can be removed. What we are doing right now is putting in pitch boards to try to keep the moisture out of there.

The Town Manager questioned what will be done with the privacy panels once they are removed from the roof? Will they be saved or used again?  Mr. Franzi stated the first concern that they had was they would have to have them tested for asbestos so that will be part of this process.  If so, they will have to be disposed of.  As far as replacement goes, and this is something we talked about during the architectural design, we already looked at replacement which is aluminum panels and they are actually galvanized supports that will be tied to the steel beams of the building.  There will be no penetration areas on the roof for moisture to get into the building and they are light weight.  The Town Manager question if the price of the asbestos testing was included in the total of $58,000?  Mr. Franzi stated it was included and it has not been determined at this point if that will need to be done. The Town Manager stated if there is no asbestos, in it then you should have a balance left over after the project

Mrs. Samul reported you mentioned a few times saturated insulation.  Are we going to be able to dry that out?  Concerned with mold spores.  Mr. Franzi stated those are questions that we can not respond to right now but we did go through a similar process at Roaring Brook School and we did spore samples.  Once they remove the panels and cut around those areas they can determine to what extent the water has penetrated and soaked the insulation and they have a provision in this proposal to surgically remove those sections of the saturated insulation and replace it with new insulation.

Mr. Pena stated Mr. Franzi used the word concerned several time, do you have a concern that loose ceiling would fall into the classrooms?  Mr. Franzi stated his concern is when roofing gets wet it gets heavy and you are adding weight to the building and you need to keep water out of the buildings. I do get concerned about those things.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council hereby recommends that the Board of Finance an appropriation
not to exceed $50,800 from Account #01-0390-43913, General Fund, Other Financing Sources Undesignated Fund Balance an transfer from Account #01-8501-53368, General Fund, Capital Improvement Projects, Facilities, AMS Roof Repair Design and Replace
TO:
Account #02-4859-53368, Capital Projects Fund (Facil & Equip), BOE CIP - Facilities, AMS Roof Repair Design and Replace and Account # 02-0390-43918, Capital Projects Fund (Facil & Equip), Other Financing Sources, Interfund Operating Transfers In, in the amount of $50,800 for the purpose of emergency repairs for the Avon Middle School roof.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    


07/08-88        Acceptance of Gift: $11,040, Avon Education Foundation Grant, Gary Franzi


The Town Manager stated that the Council in accordance with the Charter needs to authorize the acceptance of the grant for $11,040.

On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council hereby authorizes the acceptance of a gift from the Avon
Education Foundation in the amount of $11,040.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

07/08-89        Supplemental Appropriation: $5,000, State of Connecticut, Department of
Social Services Grant


The Town Manager stated we had an opportunity to apply for a grant to get some computer equipment through the State of Connecticut and we have been notified that we are going to get the grant and now we need to go ahead and approve the application process and we will be coming back once we get the check for a supplemental appropriation.  We are looking at a projector, a laptop, equipment cart electrical extras, software, equipment backup and a locking storage cabinet.  This is all for the Senior Center.

On a motion made by Mr. Pena, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council hereby recommends that the Board of Finance amend the FY
07/08 Budget by increasing:
REVENUES
Recreation Activities Fund, Intergovernmental, Computer Equipment Grant Senior
Center, Account #09-0330-43384 in the amount of $5,000.000
And increasing
                                                   APPROPRIATIONS
Recreation Activities fund, Senior Citizens, Equipment, Account #09-5301-52194  
in the amount of $5,000.00 for the purpose of funding computer equipment
purchases, which will be reimbursed through approved State of Connecticut
Department of Social Services Grant.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

07/08-90        Eagle Scout Proclamations


The Town Manager reported we need someone to be available to go to the meetings for the Eagle Scouts. Mr. Zacchio reported that he will look at his calendar.  Mr. Pena reported he would attend as well if needed.  Chairman Carlson requested Mr. Pena and Mr. Zacchio coordinate their attendance at the June 1st ceremony.
.
07/08-91        Emergency Pool Repairs, Glenn Marston


Chairman Carlson stated that he was shocked to see the pictures of the pool and questioned when the pool was rebuilt.  The Town Manager stated that it was back in 1993 or 1994.  Chairman Carlson stated that it has been only 14 years and it is in that bad of shape.  The Director of Recreation and Parks stated that have had issues with the shallow end of the pool for almost five years.  When we were doing minor repairs to the pool this time we found in that corner in particular, it hollowed out.  We don't believe that condition exists anywhere else but we need to find out why that occurred and it may be with the original gunite mix that was used.  All of the water that comes from the hill and where the bath house is, heads right down the sidewalk and we are wondering if that helped it.  We are going to need to do a little more looking and the wall if going to have to be repaired, not patched.  This is a solution for the next couple of years since this is not something that we had anticipated.  We don't believe the pool is in any danger of collapsing but some of the repairs are cosmetic but there is something causing that behind it and we are going to have to take a look at that.  

Mr. Shea questioned if there is a chance to look into adding some drains to the outside if the pool area.  They are not expensive and it would be well worth the cost and time to look into it.  The Director of Recreation and Parks reported he will look into it but may not be able to look into it before the summer is out.  We are not sure if it is even the problem but it is a suspect.  Mr. Shea stated it is an inexpensive solution to eliminate any water entering into the area.  The Director of Recreation and Parks reported his intention is to pay for these repairs by freeing up some appropriations that are already in place.  There was something that happened over the year that has causes us to not use money in some accounts.  The fact is we have the better part of two month left in our budget and  in the Special Revenues Account, I don’t want to tap into any of that but we are doing registration right now and it seems to be moving very well and it is a source of revenue for us moving forward.  If we do come up short we may have to come back.  Believe we have almost two thirds of the costs already put aside.

Mr. Shea stated concrete is supposed to harden and get stronger over time.  Century Pool, were they the ones who built the pool?  The Director of Recreation and Parks reported they did not build the pool but they did design it.  Mr. Shea questioned if there is any chance the contractor is still in business and available in the area.  Is there someone we can go to question this work?  The Director of Recreation and Parks stated they will look into it.  Gunite is a different process then concrete and the Director of Public Works believes the gunite that was used in that section of the pool could have been compromised.  If it is not done exactly the way it should be done you could have problems with the structure.  We have seen signs of water coming through the wall at that spot for probably eight years.  There have been tiny little hairline fractures and it has been difficult to determine exactly where it was coming from.  There was no alarm there because it looked like cracks in the plaster.  We will look at every option and we will talk to everyone we know.

Mrs. Samul questioned if this would be tied in to the difficulty of keeping paint on it would it?  The Director of Recreation and Parks stated this would not be connected.  The painting was delayed and the coat did not adhere.  Mr. Shea stated they are building a new pool at Avon Country Club, if you were to drive over there the contractor may be able to be a resource and may give some good will.   Just concerned that this might happen in other spots and we would need someone who builds pools to tell us that.  

The Director of Recreation and Parks stated there is no action to take, just putting it out there. Most of the repairs are already done.  He acknowledged the Board of Education housed his department for nine month.  Richard Kisiel and Gary Franzi, treated his department very well there.

TOWN MANAGER’S REPORT/MISCELLANEOUS


The Town Manager questioned if the Council would like a follow up letter written to the Post Office and the Department of Transportation after the April 14th meeting. We came up with some fairly specific guidelines for the Post Office that we wanted them located in the center of the Town.  Chairman Carlson reported the Council would like to have this done.  If you want to circulate a draft we can get back to you with your thoughts.

The Town Manager reported the Council had received a request from Cliff Their, Inland Wetlands Commission about a bench for Becky Blankenbicker's long and dedicated service to the community. We have not provided benches in the past.  The Policy #3 does allow for a paperweight but there is not service limit or anything else.  He questioned if the Town Council is interested in revisit the issue of Policy #3? The Commission would like to have her come in and have a presentation at the June meeting. Chairman Carlson stated it makes sense having a long term board member like we saw tonight we should do that.  Regarding a  bench am a little unsure about because then you have to put limits on it. Is it for 15 years of service, or 20 years or 25 years?  Then where do you put the bench.  Mr. Shea stated his concern is how you recognize someone with 24 years of service.  

Mr. Shea asked the Council to revisit the idea of a paperweight.  Has the time come to have something other than a paperweight?  Looking for a compromise. What these people are trying to do is recognize her contributions.  Have always been a little uncomfortable with the paperweight in the past but respecting what it is and represents.  Wonder if we should look at something else.  

Chairman Carlson reported the Board of Education used to give a very nice bell. The Town Manager stated why don't we come back with some ideas.

The Town Manager reported the Farmington Valley Health District is most likely going to be instituting regulations of licensing of nail and hair salons.  There is now enabling legislation that allows Health Districts to do that and there was not in the past.  They would be starting that up within the next year.  I just wanted to alert you since this is something coming down the pike.

The Town Manager reported you each have a brick and these are from what we called the Guard House.  Understood it to be a testing house where that would take fuses, light the fuse, time how long it took to burn and when the spool came off, they would mark how long it took to burn before they shipped it out.  You may want this as a token of the Guard House and the remembrance of buildings 5&6.

EXECUTIVE SESSION: Litigation/Negotiation
On a motion made by Mr. Shea, seconded by Mr. Pena it was voted:
RESOLVED:  That the Town Council go into Executive Session at 9:40 p.m. to discuss land
                  negotiation and personnel issues.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

Present:  Town Manager, Assistant to the Town Manager, Town Council Clerk.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council come out of Executive Session at 10:00 p.m.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

ADJOURN
The meeting was adjourned at 10:00 p.m.


Attest:  



Caroline B. LaMonica
Clerk