AVON TOWN COUNCIL
MEETING MINUTES
June 3, 2010
I. CALL TO ORDER
The meeting was called to order at 7:30 p.m. at the Avon Town Hall, in the Selectmen's Chamber. Members present: Mrs. Samul, Messrs. Zacchio, Shea, Pena, and Evans.
II. PUBLIC HEARING
09/10-69 Transfer of Land from the Town of Avon to the Owners of Property at
14 Tyler Court
Chairman Zacchio did not participate for this agenda item due to possible personal and business conflicts. Mr. Shea presided as Acting Chairman for this agenda item.
The first Public Hearing was called to order at 7:30 p.m. by Acting Chairman Shea, and the Clerk read the legal notice as follows:
“NOTICE OF PUBLIC HEARING
TOWN OF AVON
Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, June 3, 2010, at 7:30 p.m. in the Selectmen’s Chamber, 60 West Main Street, Avon, Connecticut for the following purpose:
To Quit Claim to Amy R. Kessler and Daniel C. Bertram a certain parcel of land depicted as Parcel “B” as shown on a map entitled “Improvement Location Survey of Lot No. 5 formerly owned by Village Developers, Lofgren Road & Tyler Court, Avon, Connecticut, Hodge LLC, September 1997, Revised March 26, 2010.
Date at Avon, Connecticut this 7th day of May, 2010.
Brandon Robertson, Town Manager”
Mr. Pena questioned if Town staff had any issues with this land transfer. The Town Manager responded no, the documents are in order, and we are recommending that Council authorize the transfer. Mr. Evans reported that we have been through this and this seems to be the last step in the finale of the process and it’s time to vote on it.
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council close the Public Hearing.
Mrs. Samul, Messrs: Pena, Shea, and Evans voted in favor.
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council to Quit Claim to Amy R. Kessler and Daniel C. Bertram a certain parcel of land depicted as Parcel “B” as shown on a map entitled “Improvement Location Survey of Lot No. 5 formerly owned by Village Developers, Lofgren Road & Tyler Court, Avon, Connecticut, Hodge LLC, September 1997, Revised March 26, 2010.
Mrs. Samul, Messrs: Evans, Shea, and Pena voted in favor.
Mr. Shea turned the meeting over to Chairman Zacchio. Chairman Zacchio reported that he had a conflict with that house and that piece of property which was his cousin’s and also being purchased by someone that he works with.
09/10-29 Central Connecticut Solid Waste Authority Ordinance
The second Public Hearing was called to order at 7:40 p.m. by Chairman Zacchio, and the Clerk read the legal notice as follows:
“TOWN OF AVON
LEGAL NOTICE
NOTICE OF A PUBLIC HEARING
Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, June 3, 2010 at 7:30 p.m. at the Avon Town Hall, Selectmen’s Chamber, 60 West Main Street, Avon, Connecticut to consider the following:
To consider the adoption of an Ordinance to create and become a member of the Central Connecticut Solid Waste Authority pursuant to Section 7-273aa of the Connecticut General Statutes.
A copy of the proposed Ordinance is on file in the Avon Town Clerk’s Office and open to the public for inspection during normal business hours. This document is prepared for the benefit of the public, solely for the purpose of information, summarization and explanation. This document does not represent the intent of the legislative body of the Town of Avon for any purpose.
Dated at Avon, Connecticut this 14th day of May, 2010.
Brandon L. Robertson, Town Manager”
Chairman Zacchio reported that the Central Connecticut Solid Waste Authority is being developed to investigate for municipality’s future solid waste disposal. He reported that the Town’s contract with CRRA is up in November 2012. This committee will look at different possibilities for grouping communities together for solid waste disposal and the Council chose to be part of that process and part of that action thus the hearing tonight.
Mrs. Samul questioned where it says that each municipal member shall appoint one representative, shall be the current chief elected official, if it would be the Council Chairman or the Town Manager or someone the Council appointed. The Town Manager responded that it would be the Chief Elected Official or designee in which case it would be himself. Mr. Pena questioned how many votes that Avon gets. The Town Manager responded that there is a fairly complicated proportionate schedule that has been constructed around this and was not sure how many votes the Town counts for or how it is weighted based on population. Mrs. Samul added that she read it depended on how many communities actually joined so they may not even know the exact number at this point.
On a motion made by Mr. Evans, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council close the Public Hearing.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
On a motion made by Mr. Evans, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council adopt an ordinance to create and become a member of the Central Connecticut Solid Waste Authority pursuant to Section 7-273aa of the Connecticut General Statutes.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
09/10-79 Neighborhood Assistance Act
The third Public Hearing was called to order at 7:50 p.m. by Chairman Zacchio, and the Clerk read the legal notice as follows:
“LEGAL NOTICE
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, June 3, 2010 at 7:30 p.m. in the Town Hall, Selectmen’s Chamber, 60 West Main Street, for the following purpose:
To consider participation in the Neighborhood Assistance Act in accordance with Public Act 95-268.
Dated at Avon, Connecticut this 7th day of May, 2010.
Brandon L. Robertson, Town Manager”
Chairman Zacchio reported that the Neighborhood Assistance Act tax credit program is designed to provide funding for municipal and tax-exempt organizations by providing a corporation business tax credit for businesses that make cash contributions to these entities. He added that it is an interesting setup and one that the Council is in receipt of and favorable to. He reported that the applicants were from the Avon Police Department, Avon Volunteer Fire Department, Nutmeg Symphony Orchestra, and CT First, in addition the Sam Elizabeth Colt American Cultural Heritage Foundation has also contacted the Town as the process for their town was closed so we gladly accepted the application as well.
Marshall Brown, Conductor of the Nutmeg Symphony Orchestra reported that their organization is a professional orchestra serving communities of the Farmington Valley, Northwest Connecticut and Greater Bristol. He shared some materials with the Council. He reported that the Board looks at Avon as a center of its strategy in the Farmington Valley and in service to the Avon community for several years they have been performing concerts in Avon. There is the concert program from their March concert which featured Avon residents. They give children’s concerts for up to 1,500 third graders from area communities of which Avon participates and they do a collaborative fundraiser with the Talcott Mountain Science Center last week at the Science Center which are types of activities that they bring to
Avon and the type of thing that they want to do as they build relationships in the Avon community.
Jim Griffin thanked members of the Town Council for considering the Sam Elizabeth Colt Foundation’s efforts to establish a real first-class, work-class museum facility at the domed East Armory in Hartford at the old Colt factory site. He reported that he used to run the government relation department at the facility, ran for office and met Bill Shea and his father and brothers, David Pena, and a lot of other good people from Avon. He added that there is a nice Avon connection in what he is doing as the partner that they will be doing the environmental clean-up at the site with Val Ferro, an Avon resident and her company Western Solutions. He added that they will make the site a real good historical tourism attraction for the State and thinks they could bring in two to three million people into
Hartford a year if they do it right, building on two themes of the Colt site as the birthplace of the industrial revolution and as the home of the gun that won the west and not be afraid to do those two things even in a politically correct Connecticut as long as it is done in nice, tasteful way. He reported running into nice people like Pamela all around the State whose parents or grandparents worked at the Colt facility and have a nice connection to that historic theme. He added being up to see Ken Burns and his staff in Walpole, New Hampshire and will do a documentary on the life and times of Sam Elizabeth Colt for the students and visitors when they first get to the site before they enter the East Armory. He added that the monies that can be raised with this program are going to help them cover a lot of the costs from running a non-profit and make this very special for Hartford and a nice bookend museum with the new Children’s Science Center.
Chairman Zacchio questioned if there were any concerns from staff. The Town Manager responded no, that the applications have been reviewed and we recommend that Council authorize them following the public hearing and they will be sent out to the State for further consideration. He added that once the State approves the applications, we will let the applicants know and then they can get to their fundraising. Mr. Evans questioned the deadline and if it is established pursuant to the program. The Town Manager responded yes, that it is a deadline that is set forth in the regulations so the applications have to be to the State by June 30th. Mr. Evans questioned if it is yearly so that it resets next year, if the program was re-instated, and they get other groups who get a chance to do
it again. The Town Manager responded that it is an annual program and June 30th is the cutoff for each year. Mr. Evans questioned if the groups that have applied to date represent the universe of the groups that have applied for these grants for this year. The Town Manager responded yes, that if anyone else came forward the Town couldn’t entertain it at this point unless Council wanted to have a special meeting to do that. Mr. Pena questioned that of the groups turned in last year were any of them approved and obtain funding.
Jim Griffin reported that he used to help another non-profit, a sheltered workshop, and raise money off the Neighborhood Assistance Act earlier before involved with the Colt project. He added that the State puts up five million dollars every year for this program, available to c-corporations who can re-direct their monies to the non-profits. He added that the problem is that only approximately half of the money each year is used by the non-profits in the State as it is very difficult for non-profits to come up with the resources and the manpower to break the corporate veil and get into a c-corporation and find out if they have an obligation and if they would be wiling to divert it to the non-profit. He reported that it is tough to work your way through the maze of the corporate structures so this is an
important first step, but the tougher step is actually to get the monies from the companies to be re-directed to break through the corporate veil. He added that a number of non-profits in Avon used to apply for the program but because it is so difficult to actually get money out of it that they don’t bother with it anymore.
The Town Manager reported that once the program is approved by the State, the Town notifies the applicants but that’s really the last that we hear of it. The Town is not responsible for any roles in fundraising or further support. He would look into the groups that were approved last year and the funding they obtained.
Marshall Brown reported that his organization has raised in different years amounts ranging from $250 to approximately $1,500. He added that a sixty percent tax credit should be a no-brainer but somehow the organizations have the same problems getting through the corporate veil. He added that it is a great program and on top of that is the federal tax capability too and a really good way for a c-corporation to leverage their charitable contributions. Susan Glasspiegel, representing CT First, reported that they raised $1,000 in their first year last year and their problem was not getting into the c-corporation but the c-corporation in the year that they are applying for the deduction have to have given a donation in a total amount greater than the prior year and last year was a very difficult year so many
of the c-corporations that they were approaching said that their total donations to anybody were going to go down in 2009 versus in 2008. Marshall Brown added that his two other difficulties are that the State waits until a very late date in order to make all the approvals and it is hard to raise money between that date and the one week in which each of the corporations have to submit their paperwork to the Department of Revenue Services (DRS), only a narrow period of time; the contribution can be given at any time during the fiscal year but they have a one-week window of opportunity to turn the paperwork into the State.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council close the Public Hearing.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council approve the following requests:
a. The Sam & Elizabeth Colt American Cultural Heritage Foundation - $150,000.00
b. Avon Volunteer Fire Department, Inc. - $20,000.00
c. Bristol Symphony Orchestra, dba Nutmeg Symphony Orchestra - $100,000.00
d. CT First - $150,000.00
e. Avon Police Department – Bicycle Patrol - $7.925.00
f. Avon Police Department – Data911 Mobile Computer - $6,160.85
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
III. MINUTES OF PRECEDING MEETINGS: May 6, 2010
Mr. Pena commented that the minutes should reflect that Mr. Shea presided under agenda item 09/10-69 when Chairman Zacchio stepped down. Mr. Evans requested a clarification at the bottom of the first page to read, “He reported that when he votes on the minutes that he does not know if it is exactly verbatim discussions that have taken place during the meeting.”
On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the May 6, 2010 minutes as amended.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.
IV. COMMUNICATION FROM AUDIENCE – Items not on this Agenda
V. COMMUNICATION FROM COUNCIL
Mr. Pena reported that he presented on May 29th to Ernestine White the birthday proclamation and shared her expressed thanks to the Council.
Chairman Zacchio asked the Town Manager to introduce our new Assistant to the Town Manager. The Town Manager was very pleased to introduce Steve Bartha and will begin his new responsibilities on Monday, June 7th and comes from the Office of Policy and Management, working for the State of Connecticut where he was an Analyst. He has a great combination of State and municipal experience and survived teaching ninth grade, an excellent candidate, brings a great skill set to the Town of Avon and very happy to introduce him and even happier that he will be starting next week. Chairman Zacchio, on behalf of the Council, welcomed Steve.
Mrs. Samul reported that Mr. Pena, the Town Manager, Mr. Shea and herself attended the State acknowledgement of World War II Veterans and specifically included were Caroline LaMonica’s husband, Leonard which was very nice to see him out and about. She reported that she also attended an Eagle Scout Ceremony of Christopher Wojciechowski. She reported that he renovated and expanded on the picnic tables, the benches and the information over by the police station and the underpass. She thinks that it is appropriate to acknowledge these eagle scout community service projects because they do contribute a lot to the Town; this was something that started to deteriorate, and the Town doesn’t have money in the budget to go around cleaning these items up so he took it upon himself and did a very nice job.
VI. OLD BUSINESS
07/08-08 Library Project: Status and Discussion
Chairman Zacchio reported that Council had been delaying the work on the construction documents for the Library for a couple of months now with real concern about whether or not the Town will receive the $1 million grant from the State that appears still to be held up in OPM and the Bond Commission meetings so far have not been held and been held off and we’re next scheduled for June 25th. The Town Manager reported that June 25th is the next scheduled meeting of the Bond Commission and as Council had requested the architect and the construction manager have really backed off on the amount of work that they have been doing on the project so things have kind of slowed down. He reported that the Library Building Committee did meet earlier in the month and the primary purpose for the
meeting was to authorize an application for payment that had been made by the architect and also at that meeting the architect had a chance to talk about some updates on design, work that had been completed prior to the Council’s decision to slow work. He added that the Committee is up-to-date, the bills are up-to-date, and we’re looking forward to June 25th.
Chairman Zacchio reported being in favor of moving forward with construction documents but still really concerned about the $1 million grant issue as he knows Council is as well and his thought process is that Council tries to move forward with the construction documents at this point, waiting on the State, but we limit the scope of the project to $8.5 million in anticipation of not getting the $1 million grant and if and when the State Bond Commission meets, if we haven’t started with the project yet and we do get the $1 million we apply that to the bond issue that the Town would have put up which is up to $8.5 million which would theoretically get us down to $7.5 million. Mr. Evans confirmed that the Chairman is suggesting that the Council agree now to limit the scope of the project to $8.5 million.
Chairman Zacchio responded that was correct. Mr. Evans added not knowing at this time whether or not the Town will receive the $1 million grant. Chairman Zacchio responded that the original estimate was $9.5 million, up to $8.0 million in Town bonding, $1 million from the State, and $500,000 from private funding. He is proposing to move forward thinking that the Town is not going to get the $1 million grant, not knowing if we will or not, but plan for not getting it, move forward with the project; in two months it might buy a little more time so we’ve slowed this down enough to know that as we enter the summer there will be a Bond Commission meeting or two and perhaps we will be on that agenda but not slow the project to the point that it puts us off too far into the future because as the economy improves we will probably see construction prices begin to creep up slowly but we also have winter to contend with. He reported that best case scenario
we have two months worth of work to do, go out to RFP and might have a package ready to go by October.
Mr. Shea shares the Chairman’s concerns and thinks it is a healthy way to proceed at this point and time. He thinks it’s fair to say that the architect has some savings that have been captured that will assist with the dilemma that the State has put the Town in. The Architect responded that the savings come from three categories. The first is the decision to stay in the building rather than to move out; a line item which covered the potential cost of rent, moving costs, and various other components related to moving out of the library. It was decided to forego that and design around the fact that the library will remain in the building and there will be some savings accrued because of that; the Committee has been through this with Enterprise Builders and it is feasible and does not
impact to any significant extent the length of the construction period. He added that people like to see the progress on the site and seems to help fundraising so it has a sort of non-quantifiable benefit. He added that it is more of a nuisance for the library staff. Mr. Shea reported that nuisance is a concern but the real concern of the Council at that time was safety, it is fair to say that the Building Committee, Construction Manager, and Architect have addressed all of the safety issues of having this project go forward with the building being used. The Architect responded that the process as well as the costs, dealing with the Building Officials and the Fire Marshal, those prime concerns were safety and developed a phased approach to construction which involves building temporary stairs for egress when existing staircases are closed so the exiting remains appropriate within the current codes. The location for the construction trailers, etc. will
be on the piece of land that the Town has already purchased and will eventually become the new extension to the parking lot so construction traffic will be around the perimeter of the site and should not impact to any large extent the utilities on the existing parking. He reported that the front entrance will remain in the same position. He added that the library will have to close periodically when utilities are being worked on or other short-term construction work that makes it impractical for the building to be used but that might be for a couple of days or a week here and there; the big close will be when the library moves into the new addition and again when they move back into the renovated existing space for three of four weeks each time primarily to get the computers up and running and distribute furniture. He reported that there will be some impact on some of the programs, depending on what is decided tonight, will affect what the Library Director can
program for the next few months and have been through that with the library. He added that the Community Room may need to be closed as one of the phases before moving into the new addition.
The Architect reported that the second cost saving issue is related to the line item in the original estimate related to oil prices as there was quite a sizeable piece of money in there at that time. He added that there was talk about gas prices going up to $10 per gallon and the estimate was as paranoia as anyone else and a large sum of money was put in to cover some of that but it appears that is not going to happen and anticipates that the large contingency item will not be needed. He reported that third major item is the amount put aside for the furniture. He reported that when the original estimate was given, they took a conservative line and assumed all of the furniture would be replaced and put a dollar amount based on that. He reported that furniture has been identified that can now be
reused and working on an estimate based on that so that not all of the furniture will be new and expect that line item to go down. He reported that the bidding climate is still in the Town’s favor; right now the projects that are being bid are coming in somewhere between ten to twenty percent less than the estimates. Mr. Shea reported that there is a $1 million hole because of the State of Connecticut, we have been held up because of the State of Connecticut, and it has been difficult for all of us. He questioned of that $1 million how much has been captured. The architect responded that theoretically $700,000 to $800,000; in addition have re-laid out the building a little bit after having some issues identified by Enterprise Builders concerning the construction methods of building close to an existing building which was running up the bill a bit and driving the estimate up so we made the appropriate adjustments to that and brought it back down to
where it was to start with. Mr. Shea reported the biggest concern of the vulnerability to the $1 million and second biggest concern is maintaining the integrity of this very important project to the community. He clarified that since the Town has a $1 million hole we have a ballpark $700,000 to $800,000 of it already, potentially can work on more so it sounds as though Chairman Zacchio’s thought process is feasible if we were to move forward.
Chairman Zacchio reported that a savings has already been captured with the staying and building part and not going to change; the oil price fluctuation is based on what the market is doing when we happen to go and do this process; furniture is at a discretion; and the bid climate will be based on when we actually go to bid because we could theoretically get the construction documents complete and hold for awhile depending on what we think the State is doing and if we want to move forward and forego the $1 million grant. Chairman Zacchio questioned, with value engineering, lower possible construction costs (labor and materials) and even some other corners that you find within mechanicals and such that we can save money. He reported envisioning moving forward with an $8.5 million cap but any savings we can
identify over and above the $1 million will go towards reducing the bond that the Town issues as he doesn’t want to add to the project later to say that we have some extra money now and we are going to do x, y, and z. He reported that we had gone to the public for up to $8 million so our expectation is that if we find savings within that project we would reduce that $8 million to $7 million or less if we obtained the State grant, found some other ways to cut corners, or more fundraising. Mr. Pena reported that his concern over the last sixty days has been the $1 million grant and whether or not we want to move the project forward. He added that it would be a good idea to go forward, show everyone that voted for the project that we are very supportive, and if the $1 million comes about then it would reduce the bond. He commented that with materials and labor there could be some additional savings which would still give us a library that we would be very
proud of.
Mr. Evan reported his concern was that when we went to referendum with drawings and pictures and the belief of a project that was going to be $9.5 million and that is what the public approved. He added that officially we asked the public to approve a borrowing request of up to $8 million. Chairman Zacchio responded that the $9.5 million was a high watermark that would be made up of up to $8 million worth of bonding, $1 million expected from the State Library Board, and $500,000 expected in fundraising but it gave us the flexibility to say that if we could come in under that we would deduct it from the bond. He added that the integrity of the building needs to be what we approved at referendum. Mr. Evans clarified that is his point. He added that we are legally within our rights to reduce the
size of the project but that doesn’t mean that is consistent with our obligations to the community to present a project that is at least substantially the same as what was the reason for their vote. He reported that they voted for the expenditure, the bonding cost, and the fact that they are going to get a library of a certain significance and we need to make sure that when we do these construction drawings that we are coming up with something substantially the same and if we are, then he fully supports moving forward. Mr. Shea commented that the State has not been a good partner with reference to the $1 million and it was communicated to all the presentations that he attended that it was somewhat of a variable. He added that Mr. Evan’s comments are 100% right but the citizens of Avon, whether they voted for or against it, have to recognize that if that $1 million is not there some small changes might take place while trying to maintain the project.
Ms. Carney commented that with these maybe cost-cutting measures the scope does not change; a big savings is not moving out which would not change anything about how the proposed library would look when it is finished and the little inconvenience balances off the big money savings to the Town. Mr. Shea responded that what he also heard was that we are $300,000 potentially short and we have not gone out to bid yet so we may have to make some changes to the building because of the lack of funding and however the bids come in. Mr. Carney questioned Chairman Zacchio that at the last Council meeting if they were concerned about paying for the construction documents. Chairman Zacchio responded that his concern was getting through the construction documents, paying for all the work to be done, and then finding
out that we do not get the $1 million and we have to scale it back and incur more costs and time. He commented that it sounds as if we are talking about scaling back $1 million, not in project size, but in cost. He added that $1 million, if we get it from the State, is due the Town of Avon through the bond process reducing it from $8 to $7 million and any value engineering or any other costs that we can save also go against the bond issue and shorten the amount we borrow. Mr. Evans questioned that if we go through with the construction documents as suggested by Chairman Zacchio with an $8.5 million project and then in August we find out that we get the $1 million grant then what do you propose we do with the project at that point. Chairman Zacchio responded that we just reduce the bond and borrow $7 million so we are delivering the same project to Mr. Evan’s point and doing it at a lesser cost to the taxpayer. Mr. Evans commented that we might
not be delivering the same project as it depends on what the construction documents bare after we see what they look like. Chairman Zacchio commented that we are within our scope if we were to have to instruct the Building Committee to pare down the project because we do not have enough money to do it we have talked about that fairly extensively.
Mrs. Samul reported that she is very pleased that seventy or maybe eighty percent of this $1 million is targeting the very areas that you are concerned about, including furniture which doesn’t change the integrity of the building, Enterprise Builders that has been able to look at the plans and maneuver a few things around so that it actually works better, and oil which no one has any control over and may have been prudent to come in with one number at one time and another number at another time. She added that we are only talking about twenty or thirty percent of that $1 million that they are going to be trying to look for and those odds are in our favor. Mr. Shea added that the challenge is that we still need $300,000 or more through fundraising or changes. Chairman Zacchio questioned if the
Building Committee could live with that. The Architect responded yes. Ms. Hornaday responded that the $9.5 million was the max and this Committee is committed also to getting value for the money they spend so they had always anticipated that once they got to more specific drawings and a Construction Manager that they would start realizing some reductions and the whole idea is to get the best and the building that they have designed for the most favorable cost to the community. She added that they would still be looking for savings and value for the money being spent by the community even if they hear we have the $1 million.
Chairman Zacchio reported that he has been trying to reach out to Office of Policy and Management (OPM) regarding the bond over the last week or so. He added that he hasn’t been able to reach the new serving Secretary but was able to speak to the Deputy Commissioner who attended our meeting with the State in front of Lisa Moody. He reported that he thinks that they are going to have the bond commission meeting this June but the Deputy Commissioner wasn’t exactly hopeful that there would be anything addressed on that meeting except more high necessity items like bridges and roads but understanding that once one happens maybe more will happen down the line. He added that the State Library Board has issued a lot of grants over the years for library construction and the State has never not paid
those out and we would be the first. He further reported that he and the Town Manager would suggest reaching out to Kevin Witkos and place a call to Lisa Moody’s office for an attempt to either get in front of them once again to talk about where we are on the project and how we are moving forward would be favorable to us. He added that if those are not possible then we should send a letter explaining the same. Mr. Shea commented that he is cautiously optimistic but we are proceeding anticipating not getting the $1 million. The Council agreed. Chairman Zacchio added that we are still going to fight for the $1 million because it would come off the bond.
Chairman Zacchio reported that once we get the construction documents done it does not mean we go to bid that month as we still have a decision to make depending on what is happening, and how we want to move forward but at least getting to that point at this point seems the right and prudent thing to do. Ms. Hornaday added that Council would also have a chance to see any adjustments that have been made at that time.
09/10-48 Appointments
e. North Central Regional Mental Health Board
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council appoint Mary Little to the North Central Regional Mental Health Board.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.
09/10-63 Farmington River Wild and Scenic Designation
Chairman Zacchio reported that this item was discussed back in March 2010 and were not favorable to the designation at that time. He added that there were a number of questions that both Town staff and Council put together to be answered and did receive very favorable answers of 1) being what was referred to as the 1,340 foot setback, a quarter-mile off the river bank is not necessarily true, was lost in translation and only applies to federal land and 2) no provisions for other towns to be able to make changes to the program and confirmed as an advisory only issue with no regulatory authority with it and depend on the strong inland wetlands and planning & zoning regulations that we have in place today for any kind of work that happens within the boundaries of the river. He is very pleased and appreciates
everyone’s hard work in getting the answers to us at this point.
Mr. Evans questioned the memo that made reference to six hundred and twenty-eight letters going out to the abutting landowners and as a result of those letters was any communication received against the wild and scenic designation. Chairman Zacchio responded that he received one letter from a resident. Joyce Kennedy-Raymes, Local Study Coordinator for the National Park Service, responded that they did not receive any responses from having communicated with all of the riverfront landowners and did get an updated list from the Town Assessor. She added that the letter was also sent to people who live near the river which is why the list was so big. She commented that the only communication that she had was that someone indicated to her that the manager of the Blue Fox Run golf course had some concerns
and she was able to speak with him and answer his questions which related to irrigating the golf course which nothing will change as that is a state process and he seemed comfortable with the answers. She reported that there were detailed conversations at the Open House held at Town Hall and was a very useful process. She reported that this dialogue can continue if Council has any other questions and does not have to vote on now as they had a very ambitious study process set out for themselves and they have relaxed that and wants the Council to feel comfortable with the designation.
Chairman Zacchio asked the Steve Kushner, Town Planner for any comment. Mr. Kushner commented that the answers received were very helpful. He reported that there are a lot of rules and regulations in place today that are very effective and adding a great deal of protection to the river and if you were to think about this program in terms of a cost-benefit analysis there is some cost associated with it and there are also some benefits and neither one is gigantic. He added that there is an element of pride that goes with the designation but that there are some potential costs. He reported that those costs, if you think of a balance of private property rights versus the regulatory side of the equation which is something that we are always cognitive of, tips the scale a little bit away from the private
property owner side of the equation. He added that the world is heading in that direction as you are seeing lots of regulatory changes at all different kinds of levels. He commented that he does not see this as being a particularly onerous program but tipping the balance somewhat in that direction. He added that on the other hand, the Watershed Association has done a good job putting out what some of the benefits might be and it could be that the benefits improve over time with respect to federal or state funding as a result of the designation being applied. He reported that the answers you have now are comprehensive and address the questions that Council had at your earlier meeting.
Ms. Kennedy-Raymes reported that Council recently received more detailed descriptions and projects that have been accomplished on other rivers in the Northeast. She reported that Mr. Fosburgh who works with rivers around the Northeast and Ms. Fielding who works for the Upper River where the designation is already in place are in attendance to answer any questions about the benefits. She added that she learned more through this process and the leveraging of this seed money that comes through the funding is really significant and even though it might not seem like a big budget line item to the Town of Avon when you take the seed money it means a lot of a lot of organizations that come together and work together and there is a big volunteerism effort as part of it as well. Chairman Zacchio responded that
every dollar is a big dollar to the budget in the Town of Avon.
Mrs. Samul thanked the Wild & Scenic staff for sending out the letters as was suggested to the property owners which was very important. She appreciated having the public meeting here for every one and sending out a copy of the legislation to her. She reported that she found several items interesting. She commented that in reviewing it there were a lot of things that came to mind. She reported that one of the reasons for asking us for the designation is because we already have all of the management things under control whereas in Massachusetts they didn’t have that and didn’t allow the river to become part of the designation. She questioned why put another layer of government involved when we have everything that we need right now. She reported that she has been informed
sufficiently about it affecting only the flow of the river which the Army Corp Engineers already does. She commented if it’s not broken why fix it; and agreed with Mr. Kushner in seeing a net zero effect. Having said all of that, she reported that she received the most positive reason for doing it from an official in the Town of Farmington. She reported that the Town of Farmington provides some sewer for the Town of Avon and the Town of Farmington has the water treatment plant which the treated effluent empties directly into the Farmington River. She added that they would be eligible to use some of this money to upgrade their sewer treatment plant by using the federal funds it would reduce the cost that they would have pass on to the Avon residents. She commented that it is a way of taking our tax dollars to the federal government, feeding it back through the National Park Service which takes off 1% for managing the program, and maybe another 1%
at the regional level at different times to also manage the program, kind of chipped away and comes back in an interesting circle. She added that if she looks at this as a truly regional effort she can see where there can be some benefit to the river and indirect benefit to the Avon residents and found it interesting that the one thing that they are supposed to be working towards is to maintain the flow of the river and Collinsville Dam which the Town is part of is being carved out of this restriction and possibly the Stanley Works Dam. She commented that the very thing that you are trying to achieve you say you will make exceptions to. She reported that her other concern is the possibility of unintended consequences but it is a miniscule risk and we are closing that door. She concluded that she is in favor of moving this on.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council rescinds their motion to adopt the resolution in support of the Wild and Scenic designation for the Farmington River, as it passes through the Town of Avon, which was defeated at the March 4, 2010 meeting.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council adopts the resolution in support of the Wild and Scenic designation for the Farmington River, as it passes through the Town of Avon.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
VII. NEW BUSINESS
09/10-81 Review, Discussion and Approval: Collective Bargaining Agreement
between Avon Board of Education and Avon Education Association
Chairman Zacchio reported that he has a direct conflict with this item as he has a personal financial interest as his wife is a teacher and turned the meeting over to Mr. Shea who presided as Acting Chairman for this item.
Mr. Shea questioned if anyone from the Board of Education would like to comment or give a short presentation. Ms. Roell, Board of Education Chairman, reported that the cover letter summarizes the terms and ongoing thought processes. She added that the Board of Education unanimously approved the amended collective bargaining agreement and thinks it is a very good thing for the school district, the Town, and the entire community and appreciates your support.
Mr. Shea questioned if the public had any comments and there was none. He questioned if the Council had any comments. Mr. Evans reported that the Council has three options: 1) we can do nothing and the Board of Education contract becomes ratified within thirty days, 2) we can vote to accept it, or 3) we can vote to reject it. He would urge the Council to vote to accept the proposed Memorandum of Understanding between the Board of Education and the Avon Education Association. He added that we heard the people during the budget time and there was a cry for a discussion for providing some budget relief in a very difficult budget time and that is exactly what happened with a dialogue between the Board of Education and the teachers’ bargaining unit that resulted in an agreement that appears to be
on its face favorable to the Town and fair to both parties and resulted in contribution perhaps to passing the budget during a very difficult time. He added that from what we can tell it is within the range of what is a reasonable amount of an increase and provides for concessions on behalf of the bargaining unit and all around is good for the Board of Education and the Town and urges the Council to approve it.
Mrs. Samul questioned how Dr. Kisiel got involved with this. Ms. Roell responded that the initial discussion started back in January 2009 when Dr. Kisiel was still the Superintendent. She added that there were a couple of different proposals that went back and forth a year ago budget season that didn’t meet the win/win requirements that we had so it never got presented publicly but were discussed. Mrs. Samul questioned that this offer did not include any provision for if the Town doesn’t pass the budget referendum then this deal is off the table. Ms. Roell responded that was never a condition. Mrs. Samul questioned when the vote on by the teachers was done. Mr. Roell responded the day before the referendum. Mr. Pena reported that two things brought up at the public
hearing many times were: 1) the Board of Education never asks the union for concession and this is something that you can certainly say that you do ask unions to do that and 2) the union does show concern for the community and the budgetary process. Ms. Roell responded that approximately one-third of the members of the union are Avon residents.
Mr. Shea added that it is of great benefit financially to the Town of Avon, in his opinion, to amend the collective bargaining agreement as has been detailed to Council and was described at the town meetings. Mrs. Samul questioned the one thing where we are increasing the cost is on the percentage of teacher payment of the insurance premium whereas it was scheduled by the existing contract to go up one percentage point each year it will remain at the same level that it was last year for one year and go up after that. She added that is the only non-cost saving part of this agreement for this year. Mr. Shea commented that in any negotiation there are pros and cons, benefits to both sides and this was a fair compromise which resulted in substantial savings to the Town of Avon and everyone should be
commended.
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council accept the Memorandum of Understanding between the Avon Board of Education and the Avon Education Association to amend the collective bargaining agreement, as presented.
Mrs. Samul, Messrs: Pena, Shea, and Evans voted in favor.
Mr. Shea thanked the Board of Education for their hard work. Mr. Shea turned the meeting back over to Chairman Zacchio.
09/10-82 Review, Discussion and Approval: Dispatcher’s Contract
The Town Manager reported that this is a proposed collective bargaining agreement with the town’s dispatchers; there are six dispatchers represented by CILU Local #22. He added that it is a three-year agreement with the current agreement expiring on June 30, 2010. He reported that the general wage increases that have been negotiated are 2.5% for each year of the contract and the most important feature of the contract is that premium cost-sharing is increasing for current employees and retiree premium cost-sharing is also increasing for retirees. He added that it has a number of benefits, including reducing our long-term liability for the accrued retiree actuarial contribution. Mr. Evans questioned if the 2.5% wage increase is generally in line with what other dispatcher unions have been
approving in this kind of economic era. The Town Manager responded that the 2.5% based on what he has been seeing not just from dispatchers, but from CCM’s labor relations data service, is a competitive settlement. Chairman Zacchio reported that a great job was done with this, particularly in the amount of healthcare we provide on the retiree side and goes along with a long-term plan the Town has been using for years in trying to reduce our pension liabilities post-employment. He added that the biggest part of the budget process this year was being able to fund those reserve accounts to be able to handle that and goes a long way, a big win for the Town.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council authorize the Town Manager to execute a contract between the Town of Avon and (Dispatcher’s Union) Connecticut Independent Labor Union, Local #22 for a term beginning on July 1, 2010 and ending on June 30, 2013.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
09/10-83 Agreement with Canton for Assessing Services
Chairman Zacchio reported that this is a continuation of the process that we have had in place for sixteen years. Chairman Zacchio questioned the 2.75% increase that we are getting from Canton and where that number comes from. The Town Manager responded that it was a negotiated increase during the budget process so we could properly account for revenues. Mr. Shea requested that we take a good look at the expenses associated with it, as shared services is something that we have well-championed for quite some time, related to the scope of services. Mr. Evans reported that he understands what the Assessor does as far as revaluation and assumes that as new homes come on board there is a need for such person. He questioned why the Assessor’s job does not stay at some level every four years
and in the fifth year become tremendously more difficult and a considerable revaluation year and sort of plateau back down to reality and he requested a general description of the Assessor’s job. The Town Manager responded that in terms of that spike there is some truth in that and during revaluation time the Assessor’s office does become a busier place but that service is generally contracted out so you have an outside vendor who is doing that while the Assessor manages the process. He reported that there is a lot of foot traffic in and out of the Assessor’s office, checking property cards, a number of programs that are managed through this office (Elderly Tax Relief), cars and personal property; it is not visible until you need it and there is a fair amount of activity. He offered to send out an updated copy of the annual report as it gives you an excellent summary of the statutory charge of the office and details regarding what they are
actually processing in terms of paperwork and breaks it out into categories. Mr. Evans questioned how many staff persons work in this department. The Town Manager responded there are three – the Assessor, the assistant, and a secretary. Mr. Evans questioned if the contract is just for the Assessor. The Town Manager responded yes. Mrs. Samul added that Canton has their own support staff that the Town of Avon does not pay for.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council authorize the Town Manager to execute a contract between the Town of Canton and the Town of Avon for assessment services in FY 2010/2011.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
09/10-84 Agreement with Canton for Animal Control Services
The Town Manager reported that this contract has a long history between the towns of Avon and Canton in its twelfth year. He reported that over the years there has been discussion about how this position functions and most recently in the winter/spring the contract was put out to bid. He reported that the current contractor has been with us for approximately five years. He added that there was only one response to the RFP put out to bid which was from the current vendor of the service. He reported that there has been further discussion with the vendor and the Chief of Police who manages the contract is recommending that we move forward. The Town Manager added that this is another area to take a closer look at because the contract is on a fiscal year basis, July 1st to June 20th, there is not enough time to do a good investigation and review of how the service is being provided this year. He recommended that we move forward with this arrangement but may be recommending changes
as we head into the budget process for next year. He added that in terms of the financial terms it is approximately a 5% increase over this year and was budgeted for. He reported that the primary change in this agreement is that in the past we contracted with the Town of Canton for the Animal Control Officer so the Town of Canton has been primary even though all of the infrastructure and pound is located in Avon. He added that while going through the budget process he suggested to the Chief of Police that we have a discussion with the Town of Canton to see if they would have an objection to Avon being primary in the contract, if not for any other reason for logistical reasons, makes sense, give us more control in terms of scheduling and everything else that goes along with it. He added that the proposed agreement does reflect that change and other terms are the same. Mr. Evans questioned the total dollars for this contract. The Town Manager
responded it was approximately $53,000 and the Town of Canton is responsible for approximately thirty-five percent of the cost. Mr. Evans questioned if that is the same division for the Assessor. The Town Manager responded no. Mr. Evans questioned how the percentage was derived. The Town Manager responded that he was not sure how the formula was arrived at. Mrs. Samul added that the Animal Control Officer is responsible for knocking on doors to twenty percent of the community each year to find out if there are unregistered dogs; although she has not been meeting that twenty percent in either town she has increased the number of licensed dogs in each town approximately thirty to forty percent over the time that she has been here.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council authorize the Town Manager to execute a contract between the Town of Canton and the Town of Avon for animal control services in FY 2010/2011 and a contract between the Town of Avon and the Independent Contractor (Animal Control Officer) for animal control services in FY 2010/2011.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
09/10-85 Sign Tax Warrant (Rate Bill)
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council authorize the signing of the Tax Warrant/Rate Bill, as presented.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
09/10-86 Resignation: Avon Water Pollution Control Authority (12/31/2011)
On a motion made by Mr. Shea, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council accept with regrets the resignation of John Ernst from the Avon Water Pollution Control Authority.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
09/10-87 Supplemental Appropriation: DEHMS ETE-79 Emergency Operations
Center Equipment Reimbursement Grant, $4,685.43
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council hereby recommends that the Board of Finance amend the FY 09/10 Budget by increasing:
REVENUES
General Fund, Intergovernmental, DEHMS ETE-79 Emergency Operations Center Equipment Reimbursement Grant, Account # 01-0330-43394 in the amount of $4,685.43 and increasing:
APPROPRIATIONS
General Fund, Emergency Management, Geographic Information System, Account # 01-2501-52207 in the amount of $522.00; General Fund, Emergency Management, Photo, Account # 01-2501-52233 in the amount of $1,511.43; General Fund, Emergency Management, Radios, Account # 01-2501-53313 in the amount of $2,652.00, for the purpose of recording the grant funding to be used for purchasing equipment for the Emergency Operations Center and the Engineering Department.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
VIII. TOWN MANAGER’S REPORT/MISCELLANEOUS
Misc. A Purchasing Update – The Town Manager reported on purchasing activities defined as items that exceed $10,000 in value. He reported that under future activities we are going to be working on the Avon Middle School boiler replacement as the Board of Education’s top capital priority at $247,000. He added that because the value of the project is in excess of one-tenth of one percent of the current year tax levy the contract will come back to Council for approval. He stated that we are in the process of doing the engineering, putting it out to bid shortly, and have a recommendation for Council approval at the next meeting in July.
Misc. B Quarterly Financial Reports – The Town Manager reported that there is a new format that he asked the Director of Finance to develop. He stated that every quarter Council receives the thick report from Finance that is well-constructed and provides a lot of detail but asked the Director of Finance to provide a snapshot for both he and Council so as not to wade through all of that detail to get the important points. He added that this report includes revenue and expenditure highlights, summarized in two pages with really important items in bold, and will receive this as well as the quarterly financial report with all of the detail. He reported that year-to-date we seem to
be in good condition; one of the items he always looks at as a measure of economic health in the community is the tax collection rate and continue to be very pleasantly surprised by the collection rate in Avon at 99.34% which even compared to 08/09 at 99.18% it is still extraordinarily high. He reported that revenues are in good condition. He added that one of the areas that we are continuing to track is an investment income which is not so good and we have made adjustments on the revenue side for the fiscal year 2011 budget where we haven’t over-budgeted such a high rate of return and been a little bit more conservative. He reported that we do think revenues for the current year from other categories will cancel out that reduction in investment income and carefully monitoring that. He reported that there is a list reflecting supplemental appropriations that Council receives and ask that this be included as a running tally. He added that another
area we are continuing to monitor as we do every year is the medical claims fund, the self-insurance fund, hereby we insure our liability for health insurance and current year-to-date $76,000 is expended and projected that based on planned activity we should be ok for the year. Mr. Shea questioned if there is a spot in the summary for contingency. The Town Manager responded no. Mr. Shea requested that contingency be added as we go forward so we have a good handle on that. Mr. Shea commented that he liked the new summary report, far more effective to have a healthy dialogue at where we are at. The Town Manager questioned if Council would prefer to just receive the summary and if there are questions we can make copies of the full quarterly reports. Chairman Zacchio responded that the quarterly report is available at town hall at any time to look at so the annual report and monthly summaries would be great.
Misc. C Hartford Magazine Best Places to Live – The Town Manager reported that in Hartford Magazine’s recent article, “Best Places to Live” small towns with populations 15,000 to 30,000, Avon is #1.
Misc. D Avon Park North – The Town Manager reported that there has been a fair amount of discussion regarding Avon Park North with Ensign Bickford. He added that most recently there was a discussion at a Planning and Zoning meeting regarding a proposed location of a CREC school on the property. He reported that the CREC school would educate students ages 3 through 10, through fifth grade. He stated that it would be a fairly large school at 70,000 square feet and projected 435 students. He reported that at the recent Planning & Zoning meeting, there was a 4 to 3 vote regarding moving forward on a conceptual basis with the plan. He added that Ensign Bickford, Mr. Kushner, and Planning & Zoning will continue to have discussions about this. He
added that from his perspective Avon Park North as well as Avon Park South are extremely high value areas to the town as we think about future grand list growth over the next couple of years this is where it will come from and important for Council to be up to speed on how this is all developing.
Chairman Zacchio questioned, as we think about these types of developments, what it does to our traffic issues in or around Route 44 as it is very congested already. He questioned who we work with. Mr. Kushner responded that we do not have those answers yet and the Planning & Zoning Commission has identified that very same question. He added that if it is the case that the school is the first application that gets submitted the traffic issue would have to be addressed in connection with that application. He reported that some things that will be looked at are a comparison of projected traffic and volume for what the Park has been zoned for the last fifty years versus the mixed use concept which is retail, office, residential, and now school. He reported that some comments from the
Planning & Zoning Commission were, not withstanding those concerns that we are in a pretty desirable position in a sense that we have access to three signals right now for the school site and many concerns about Climax Road of which the Chief of Police has received. Mrs. Samul questioned if as a school if that then comes off the tax roles. Mr. Kushner responded yes, there are no taxes and no pilot payment to the town and the only fee that we would receive is the building permit fee and subject to all normal inspections. Mrs. Samul questioned if it might be a ground lease. Mr. Kushner responded that he thought Ensign Bickford wants to sell CREC the nine acres of land. Mrs. Samul questioned what the concerns were expressed by the Planning & Zoning Commission. Mr. Kushner responded that three members did not think it made sense from a planning perspective to try and mix a public school in with the mixed use (retail/office/residential)
project that was being proposed; did not buy into the argument that it is really not necessarily out of the ordinary to have a neighborhood school.
Misc. E Administrative Services Study Committee
Misc. F Paramedic Services Agreement
Misc. H Agreement with Special Projects Manager
Misc. I Street Sweeping Update
Misc. J Sewer Use Fees
Misc. K Pine Grove Playground
Misc. L Proposed St. Matthews/AT&T Cell Tower – The Town Manager reported that last Friday the Siting Council held a meeting and one of the items on the agenda was a motion to re-open with respect to this application of AT&T to relocate on the St. Matthews property. He reported that Mr. Kushner attended the meeting. Mr. Kushner reported that when the Siting Council approved the application in October 2009 they approved a particular location with three options presented by AT&T and the approval was known as option #3. The Siting Council instructed AT&T to work with the town on key remaining issues. He reported that the town had one meeting with AT&T in early December 2009 at the site and they had sketchy plans at that point. He added
that the town has had no communication with AT&T or any of other representatives since that time which is disappointing and we are recommending that we express to the Siting Council now. He reported that AT&T had ongoing discussions with a representative at the Church and the Church was not happy with the approved location as it is too close to the parsonage, only fifty-five feet from the rear wall of the house. He reported that through some negotiations AT&T and the Church have agreed on an alternate location which has been staked, moving it seventy-six feet further north from the approved location. He measured the distance and it is now one hundred thirty-one feet from the rear wall of the house, however AT&T has stated in the record that it is a change of fifty feet. He added that it is a substantial change and additionally AT&T filed a request with the Siting Council to simply modify the approval without the need to go into hearing. He reported that the Siting Council
through their staff attorney indicated that the change was significant enough so the hearing would have to be reopened on June 29th. He reported that the town and the interveners received a notice that AT&T has filed another petition with the Siting Council to have a pre-conference hearing to discuss the rules of the road with respect to the hearing itself on June 9th.
Mr. Kushner added that the changed location still has some potential impact on Greenwood and in some ways it lessens the impact for some on Greenwood as it pushes the tower further back but it introduces some new potential impact to some property owners on Cold Springs Road. He reported that it is pretty clear that the Siting Council is going to approve something at this location as they did in October and the best outcome at this point is that we should urge the Siting Council to approve a different style tower, a flagpole style design, and been in place for years behind Simsbury Commons and the Farmington Valley mall. He added that it is the best design of a metal monopole style and AT&T is willing to paint it any color that the neighbors had asked for, hunter green or brownish tone. He added that
AT&T has done a better job with the fence design with a Walpole Woodworkers residential style 8-foot high stockade fence and a Kloter Farms type residential building. He reported that the letter to the Siting Council says we understand they have a mission and job to do but we do not think their earlier decision was quite equitable as it favored AT&T and we have evidence in the record from the earlier hearing from AT&T indicating that if they were asked to build a flagpole style design they would do it and the Siting Council did not ask them to. He added that AT&T is back before the Siting Council to re-open the hearing, another formal procedure with opportunities for testimony and cross-examination. He reported that his recommendation is to ask the Siting Council to, on balance, go ahead and permit it and build the most slender profile monopole, flagpole style design one hundred and ten feet. Chairman Zacchio questioned if we would list those
specifics as they would represent what the town would like to see. He questioned if they were going to approve a site as they already have. Mr. Kushner responded that they approved option #3 and there may be some other parties or neighbors that may urge the Siting Council to only approve option #3.
A resident on Cold Springs Road reported that there is also a modification to raise the tower length to one hundred thirty from one hundred and ten. Chairman Zacchio questioned if the extra height is because of the drop in grade and if so we would want to reiterate that to the Siting Council. Mr. Kushner responded that is a good point and one of the first things that Mr. Wiese pointed out they have the same tower design that was approved in the October ruling but the base of the tower is substantially wider and in the record it indicates that they are designing a tower so they could at their choosing add another twenty foot segment. He stated that we are going to urge the Siting Council to approve the design that specifically would not accommodate an additional section of twenty feet. Mr. Evans
questioned if we plan to participate in the hearing itself with counsel to incur additional cost. Mr. Kushner responded that he was planning to attend and summarizing the letter that the Town Council or Town Manager might send and this time without the town attorney. He added that at the proceeding that took place last Friday there were at least three Siting Council members that seemed sympathetic to some of these concerns; three Siting Council members actually questioned whether or not it was even appropriate to reopen the hearing.
Misc. M Avon Middle School Boiler Replacement
IX. EXECUTIVE SESSION: Litigation/Negotiation
On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council go into Executive Session at 9:30 p.m. for personnel issues and discussion regarding real estate negotiations.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.
The Town Manager, Attorney Michael Harrington, Town Attorney Dwight Johnson, and the Clerk attended the session.
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 10:40 p.m.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.
XI. ADJOURN
The meeting was adjourned at 10:40 p.m.
Attest:
Caroline B. LaMonica
Clerk
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