AVON TOWN COUNCIL
MEETING MINUTES
November 9, 2010
I. CALL TO ORDER
The meeting was called to order at 7:00 p.m. at the Avon Town Hall, in the Selectmen's Chamber by Acting Chairman Shea. Members present: Mrs. Samul, Messrs. Evans, Shea, and Pena.
II. PUBLIC HEARING
10/11-14 7:00 p.m., Ordinance: Outdoor Wood-burning Furnaces
The Clerk read into the minutes the call of the Public Hearing 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 Tuesday, November 9, 2010 at 7:00 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 a Town-wide Ordinance which will place a ban on the installation of outdoor wood-burning furnaces (OWF’s).
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 October, 2010.
Brandon L. Robertson, Town Manager”
Mr. Evans stated he approved of this ordinance based upon the Planning and Zoning Commission’s support of the ban, also, the DEP has had a leadership role in regulating the outdoor wood-burning furnaces.
The Town Manager reported that Granby and West Hartford have adopted ordinances to ban such furnaces and Farmington and Canton are presently considering such a ban.
On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council close the Public Hearing at 7:05 p.m.
Mrs. Samul, Messrs: Evans, Shea, and Pena voted in favor.
On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council adopt the following Outdoor Wood-Burning Furnaces Ordinance with a $100 penalty:
Sec._____. Outdoor Wood-Burning Furnaces.
a. Outdoor Wood-Burning Furnaces are prohibited in the Town of Avon. For purposes of this section, “Outdoor Wood-Burning Furnace” means an accessory structure or appliance designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid or other means, through the burning of wood or solid waste, for heating spaces other than where such structure or appliance is located, any other structure or appliance on the premises, or for heating domestic, swimming pool, hot tub or Jacuzzi water. “Outdoor Wood-Burning Furnace” does not include a fire pit, wood-fired barbecue or chiminea.
b. Any person who violates this section shall be subject to a fine of $100 [note: the fine cannot exceed $250]. Each day such violation continues is a separate offense.
Mrs. Samul, Messrs: Evans, Shea, and Pena voted in favor.
III. MINUTES OF PRECEDING MEETINGS: October 7, 2010
Mrs. Samul pointed out some clerical errors that amended the October 7, 2010 minutes.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the October 7, 2010 minutes as amended.
Mrs. Samul, Messrs: Shea and Pena voted in favor. Mr. Evans abstained stating he did not have an opportunity to review the minutes.
IV. COMMUNICATION FROM AUDIENCE - None
V. COMMUNICATION FROM COUNCIL
Mr. Pena requested the Council be given an overview of FOI rules and regulations and what is involved so we can determine whether or not the members are in compliance. We should have a session as part of the Town Council meeting. We need something in writing and any research that is available. If warranted, we should have someone from FOI attend our meeting. Mr. Evans recommended we have the Town Attorney to start educating the Council on the information that we need to know and maybe we should have a refresher course. Mr. Pena also recommended that the Town Council get all their e-mail through the Town. If our e-mail goes through the Town server all that information would be centrally located.
VI. OLD BUSINESS
07/08-08 Library Project
The Town Manager reported the temporary borrowing is in place for the Library. He reported based on our AAA rating we had a bid of 0.3849% and an offer to pay a premium of $77,450 for the $7,000,000 temporary notes. He further reported the Library Building Committee and the Staff continue to work on the Council’s instructions to lower the town’s project costs to $7,000,000. The Committee has a meeting scheduled for tomorrow and another later in November. There is a town policy that requires the Town Council to approve the final plans and authorize the Town Manager to execute the contract.
The Architect reported the Committee is encouraged and we are not a long way to reaching the $8,500,000 target. We have to get the opinions of the Building Committee. The results are encouraging and we have some issues that we will address and we will be talking about tomorrow. He further reported that we received Planning and Zoning Commission’s approval and the plans are in the hands of the Building Department.
10/11-01 FY 11/12 Budget: CIP Budget Presentations
a. 7:00 p.m. Board of Education – a power point presentation is
attached and made part of these minutes
Mr. Eagen made the official presentation of the 2011/12 Capital Budget. Also attending were Director of Finance – Board of Education Gary Franzi and Interim Superintendent of Schools Jody Goeler.
Mr. Franzi addressed the issue regarding the AHS boiler replacement. He reported there is $725,000 in this budget to replace the boiler and $115,000 for the boiler primary pump replacement. He reported the boiler has cracked sections and has been leaking for the past two years. We are doing discovery to determine the cause of the problem. An engineering study has been completed. The boiler was installed during the additions/renovations in 1997-1998. During the 2008 through 2010 heating seasons, leaking occurred from cracked boiler sections. This has been referred to the Architect and the engineering firm that were involved with the 1998 and 2007 renovations/additions. It has been pointed out the thermal shock to the boiler is occurring from temperature differential between
supply and return. The engineering study conducted after the leakage determined the actual capacity of the boiler is less than the calculated heating load, particularly after the 2007 renovations. An analysis which would have determined whether the boiler was sufficient for the 2008 addition was not performed before the construction began. He reported that we have requested the Town Attorney to review the possibility of recouping some of the money spent if we have to replace the boiler.
b. 7:30 p.m. General Government – a power point presentation is
attached and made part of these minutes
i. Finance & IT
The Town Manager reported that we are in the first year of a Windows-based financial system and the second year will implement HR and budget modules. The benefits are the Windows version is more user-friendly and reduces the need for outside consultants. The HR module will provide automatic calculation for pay changes and better accountability. The estimates are as follows: FY 10/11 $56,400 (about 30% complete) and FY 11/12 $55,560 for a total project cost of $111,960.
ii. Town Clerk
The Town Manager reported Avon has been cited as far back as 2004 by the State for failing to meet required vault size. This project was defeated by Referendum in February 2008. The need still exists and the existing shelving will be filled by 2012 and there is no room in the present vault for additional shelving. This request recommends adding 600 square feet to accommodate our population when it exceeds 20,000. The total project is estimated to be $420,500 as follows: design $44,000 which was accomplished in FY 08/09 and construction of $376,500.
iii. Social Services
The Town Manager reported that Social Services has requested a new Dial-A-Ride Van for FY 2012/2013. The present van is a 2006 lift-equipped van purchased in 2007 with 80% Federal Urban Mass Transit funds and 20% local funding. Currently there are no federal funds available. The price of a new van is approximately $50,000 and will replace the van that will at that time have 150,000 miles of usage.
iv. Town Manager’s Office (Bldg #1 Renovations)
The Town Manager reported based on a 1988 Town Hall Study this is the last building in the complex to be renovated. Renovations will include energy efficiency measures, updates to comply with the ADA regulations, more efficient use of workspace and improvements to the records storage area in the basement.
VII. NEW BUSINESS
10/11-15 Avon Park North: Presentation by Milone & MacBroom
Steve Kushner, Director of Planning and Community Development, attended the meeting with the consultant, Mr. McDermott, who is preparing a master plan for Avon Park North and Avon Center. He reported the funding for the Center Study of $50,000 came from the DEP. He further reported the Staff has been working with Ensign-Bickford Realty to provide a master plan for the area. The consultant cautioned that this plan is preliminary. He displayed a map and elaborated on what would be proposed for Avon Park North and Avon Center. It consisted of combined use of commercial and residential. He is proposing a new Main Street as well as a new center public park. The area will have stores, restaurants, housing and other businesses joined by paths, walkways, and bikeways. Presently
there are some 50 acres of undeveloped land which is owned by Ensign Bickford. The proposal of Ensign Bickford for a magnet school in the area that will be designated, however, needs an amendment to the zoning regulation to allow such a use. An application for site plan approval will come later if the change is approved.
10/11-16 Review and Discussion, Set Date for Public Hearing:
Acceptances: Transfers of Property
Attorney Robert Meyers attended the meeting and described the transfer of land between Sunlight Construction and the Avon Land Trust to permit an 8-lot subdivision on the end of Haynes Road. Due to the transfer there is a need for the Town to approve certain changes and easements. He displayed a map of the proposed transfers and presented completed documents that will need to be signed, if the Council approves, after the Public Hearing.
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council schedule a Public Hearing for November 17, 2010 at 7:00 p.m. and publish the following Public Hearing notice:
“TOWN OF AVON
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 Wednesday, November 17, 2010 at 7:00 p.m. at the Avon Town Hall, Selectmen’s Chamber, 60 West Main Street, Avon, CT to consider:
The following matters related to a 2-lot re-subdivision known as “Rivendell”:
1. Release of a drainage easement that runs northeast from Reverknolls to Lake Erie through both of the building lots approved by the Planning and Zoning Commission on July 20, 2010, and through both parcels to be acquired by Avon Land Trust.
2. Accept a new drainage right of way running northeast from Reverknolls across the two recently approved building lots to the boundary of the Avon Land Trust property.
3. Accept a very broad drainage easement over the entire Avon Land Trust parcels comprising approximately 17.2 acres located at the south end of Chidsey Road, including Lake Erie and Buttonbush Swamp.
4. Accept a public access easement over the entire Avon Land Trust parcels comprising approximately 17.2 acres located at the south end of Chidsey Road, including Lake Erie and Buttonbush Swamp.
5. Accept a Conservation Easement 20 feet in width over the northern portion of the northerly approved building lot abutting the Avon Land Trust land.
The following matters related to an 8-lot subdivision known as “Knoll Lane”:
6. Accept a Conservation Easement 20 feet in width (except wider in two locations) abutting the northerly and easterly boundaries of Farmington Woods Condominium.
7. Accept title to 0.700 acres of open space on the southerly side of Knoll Lane approximately 210 feet west of Haynes Road.
8. Accept title to 0.21 acres of open space, consisting of a 20 feet wide strip of land running northerly from Knoll Lane to land of Thompson.
Dated at Avon, Connecticut this 10th day of November, 2010
Brandon L. Robertson, Town Manager”
Mrs. Samul, Messrs: Shea, Evans, and Pena voted in favor.
Mr. Zacchio attended the meeting at 9:10 p.m.
10/11-17 Supplemental Appropriation: Fisher Meadows Field Development -
Design, Development, & Permitting, $80,200
Glenn Marston, Director of Recreation and Parks, attended the meeting and reported the Recreation Committee recommends that we request a supplemental appropriation from the Fisher Meadows Fund to begin the design development and permitting process for the Fisher Meadows expansion. The fund has a balance of $168,785. A significant portion of that amount was deposited in the fund by the Avon Water Company. At the time of acceptance the Town agreed that any funds acquired from the Fisher Property had to be deposited in a separate account and be used to improve and enhance Fisher Meadows.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council hereby recommends to the Board of Finance an appropriation not to exceed $80,200.00 from Fisher Meadow Maintenance Fund, Other Financing Sources, Undesignated Fund Balance, Account #12-0390-43913 and to Fisher Meadow Maintenance Fund, Parks, Consulting and Technical Services, Account #12-5201-52184, for Design Development and Permitting at Fisher Meadows.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
10/11-18 Contract Award: Random Crack Sealing, $82,088
The Town Manager reported the Town has opened bids for crack sealing work and Costello Industries, Inc. are the apparent low bidder in the amount of $82,088.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council award the Random Crack Sealing Contract to Costello Industries, Inc. of Newington, CT, based on their low bid in an amount not to exceed $82,088.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
10/11-19 Supplemental Appropriation: Fire Inspector Services, $7,916
The Town Manager reported these funds are available from the State of Connecticut’s Emergency Management Performance Grant. These funds will be used to increase the hours of our part-time inspector to perform fire safety code inspections and public fire safety education programs.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $7,916 from General Fund, Other Financing Sources, Undesignated Fund Balance, Account #01-0390-43913, to General Fund, Fire Prevention, Regular Part Time, Account #01-2201-51012 for the purpose of funding additional hours for the Fire Inspector to perform fire safety code inspections and public fire safety education programs.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
10/11-20 Resignation: Avon Clean Energy Commission (12/31/2011)
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accepts with regret the resignation of James DiPace from the Avon Clean Energy Commission.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
10/11-21 Supplemental Appropriation: AMS Tennis Courts, $25,000
The Town Manager reported this supplemental appropriation is to support repairs to the tennis courts at the Middle School. The Board of Education has made a similar appropriation of $12,500. This project should be administered by the Town and funds raised by donations will be accepted by the Town. The project is estimated to cost $100,000.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $12,500 from General Fund, Other Financing Sources, Undesignated Fund Balance, Account #01-0390-43913 and transfer not to exceed $12,500 from Use of General Fund, Capital Improvement Project – Facilities, AMS Tennis Courts, Account #01-8501-53109; and an appropriation not to exceed $12,500 from Use of School Facilities, Other Financing Sources, Undesignated Fund Balance, Account #15-0390-43913 and transfer not to exceed $12,500 from Use of School Facilities, Other Financing Uses, Interfund Transfer-Out, Account #15-8700-58000; to Capital Projects Fund (Facil & Equip), BOE CIP-Facilities, AMS Tennis Courts, Account #02-4859-53109 in the amount of $25,000 and Capital Projects Fund
(Facilities & Equipment), Other Financing Sources, Interfund Operating Transfers-In Account #02-0390-43918 in the amount of $25,000 for the purpose of Town and BOE funding for the AMS Tennis Courts.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
10/11-22 Supplemental Appropriation: State of CT Department of Education
Youth Services Bureau Grants, $20,250
The Town Manager reported this supplemental appropriation will supplement the salary of our Youth Services Coordinator. This grant is awarded on an annual basis from the State of Connecticut Department of Education.
On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council hereby recommends that the Board of Finance amend the FY 10/11 Budget by increasing:
REVENUES
General Fund, Intergovernmental, Youth Services Bureau Grant, Account #01-0330-43383 in the amount of $20,250.00 and increasing
APPROPRIATIONS
General Fund, Human Services, Service & Consultant, Account #01-4203-52184 in the amount of $20,250.00 for the purpose of funding expenditures, which will be reimbursed through approved State of Connecticut Department of Education Youth Services Bureau Grants.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
VIII. TOWN MANAGER’S REPORT/MISCELLANEOUS
Misc. A Proposed AT&T Cell Tower Update – The Town Manager reported the Siting Council has approved the settlement agreement between the neighbors, Town, and AT&T. The alternate location was approved, the Tower design will be a flagpole – 36” in diameter and antennas will be mounted internally.
Misc. B Green Efforts – Steve Bartha, Assistant to the Town Manager, reported we received $50,939 from the State for the Public Works garage doors and $4,250 for idling signage. We are in the midst of selecting a Regional Energy Manager in conjunction with four other towns that share a $250,000 grant. The $50,000 grant must be used by the Town for consulting services.
Misc. C Probate Court Consolidation – The Town Manager reported the Avon Probate Court will move to Simsbury on November 15th. We now know that the final renovation costs in Simsbury are under $50,000. Avon, based on population, will have a commitment of $13,700. We should be able to fund this cost out of the current budget.
Misc. D Greenway Trail Temporary Closure – The Town Manager reported the Farmington Greenway Trail in Avon between Country Club Road and Scoville Road will be closed due to a CT-DOT culvert replacement project, which will relieve a flooding problem on an adjacent property. He reported he was pleased that the DOT responded quickly to correct the problem.
Misc. E Central Connecticut Solid Waste Authority (CCSWA) Update – The Town Manager reported he is on the committee that is developing the document to solicit vendors. We anticipate that Avon’s contribution will be approximately $17,000. All but ten towns have authorized their expenditure.
Misc. F Purchasing Update – The Town Manager reported the bids for the Avon Library Addition/Renovations Project were opened on October 25, 2010 for the five trade packages. He reported that the Town has advertised for bids for the provision of Materials Testing Services for the Library Addition/Renovations Project. The Town Manager reported the Town is participating with CRCOG for bids on gasoline and traffic guidelines/pavement markings.
IX. EXECUTIVE SESSION: Litigation/Negotiation
A. Discussion of strategy with respect to pending claims by the Police Union
B. Pending claim
C: Discussion regarding real estate negotiations
D: Personnel issues
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council go into Executive Session at 9:25 p.m. for discussion of strategy with respect to pending claims by the Police Union, pending claim, discussion regarding real estate negotiations, and personnel issues.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.
The Town Manager, Attorney Michael Harrington, Town Attorney Dwight Johnson, the Assistant to the Town Manager, and the Clerk attended the session.
On a motion made by Mrs. Samul, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council come out of Executive Session at 11:00 p.m.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.
XI. ADJOURN
The meeting was adjourned at 11:00 p.m.
Attest:
Caroline B. LaMonica
Clerk
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