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Town Council Special Meeting Minutes 11/17/2010
AVON TOWN COUNCIL
SPECIAL MEETING MINUTES
November 17, 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

10/11-18        7:00 p.m., Acceptances:  Transfers of Property

Acting Chairman Shea reported that the notice of the public hearing is rather long; we have made copies of the notice available in the back of the room and here at the table.  He will entertain a motion to waive the reading of the notice of the public hearing.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council waive the reading of the following Notice of Public Hearing:
“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: Evans, Shea, and Pena voted in favor.

Acting Chairman Shea opened the public hearing for anyone who would like to comment on the subject.  Mr. Robert Meyers pointed out the areas on a map, as described in the legal notice, and asked Council to accept all of these transfers which have already been approved by the Planning and Zoning Commission.  He noted that with the public access easement there was considerable discussion amongst Steve Kushner, the Town Attorney, the Land Trust, and Sunlight Construction and all parties have agreed on its terms.

Acting Chairman Shea asked Larry Baril, Town Engineer and Steven Kushner, Director of Planning Community and Development if they are in agreement with everything they have heard from Mr. Meyers.  They both agreed.  Mr. Kushner responded that he believes that is an accurate summary.  He added that the acceptance by the Town with respect to the rights that go with the seventeen acres will give Avon residents the ability to use that property for recreational purposes in much the same way that they could use any other publicly owned park by the Town and the way this has been structured, the Town will not own it and therefore have no maintenance or insurance obligations and lesser liability issues.

Mr. Meyers reported that the Nature Conservancy as a back-up is going to have a rider reverter in this land meaning if the Land Trust does not ever use it for these public purposes they get to take the title away but that is recorded after all of the Town’s easements so they will still remain in place.  Mr. Evans questioned that the property is not going to be deeded to the Town from Sunlight Construction and that it is going to the Avon Land Trust.  Mr. Meyers responded yes, after the easements to the Town are recorded.  Mr. Evans sought clarification that there are rights of public access to that property as if it is open space and used for recreational purposes.  Mr. Meyers responded that one of the easements is called a public access easement.  Mr. Kushner reported that it may in some ways extend more rights than the public would have in public parks.

Mr. Evans questioned the Haynes Road property which will go from the Avon Land Trust to Sunlight Construction.  Mr. Meyers responded that this property was purchased from the Ferrignos from Mr. Battistoni; they had along with that land the right to build a road on Land Trust property which was problematic and part of why they wanted to do this deal.  He added that a portion of this land was owned by the Land Trust and will be deeded to Sunlight Construction at the same time that this will be deeded to the Land Trust after the easements are put on.  Mr. Evans questioned if there are any tax consequences, both conveyance and capital gains, to these transfers.  Mr. Meyers responded yes as there is a provision in the conveyance tax law that one direction is taxable and one is not meaning giving land to a Land Trust you do not pay the tax on them giving you land, you do.  Mr. Meyers responded that he was not qualified to provide an answer regarding capital gains tax.  Mr. Evans questioned if there is any obligation on behalf of the Town to incur any taxes.  Acting Chairman Shea responded that the Town does not incur any taxes.  Mr. Meyers added that the Town is also requiring and the Avon Land Trust is getting title insurance policies for both Chidsey Road and Haynes Road on all of the various interests in land that the Town is getting.  Mr. Evans questioned if the Town or Avon Land Trust is getting these policies.  Mr. Meyers responded both; the Town is requiring title insurance on the various easements, conservation easement, and open space deeds and the Avon Land Trust, at their own expense, is purchasing title insurance on what they are getting.  Mr. Evans questioned that someone is paying for the policy on the Town side of it.  Mr. Meyers responded yes.
Acting Chairman Shea commended Mr. Meyers on an outstanding presentation; the Town Engineer and Town Planner have verbally agreed and accepted all that has been presented.  Mr. Meyers reported that Mr. Kushner had communication with the Town Attorney this afternoon and is also on board.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That, pursuant to the Council's authority under Sections~4.3.2 (n) of the Avon Town Charter, the Council accepts the following conveyances of an interest in real property:

       1.  Easement for Regulated Public Access from Sunlight Construction, Inc. to the Town of Avon in the following described property:   
First parcel:
That certain parcel of land identified as Open Space Parcel “A” 61,344 Sq. Ft. 1.408 Acres on a map entitled “Map Showing Easements to be Conveyed to the Town of Avon and Lands to be Deeded to the Avon Land Trust Chidsey Road and Reverknolls Avon Connecticut Scale 1” = 80’ September, 2010” Prepared by Neriani Surveying 35 Old Farms Road,  Avon, Connecticut, which map is to be recorded in the Avon Land Records.
Second parcel:
That certain parcel of land identified as Open Space Parcel “B” 688,889 Sq. Ft. 15.815 Acres on the aforementioned map.

       2.  Easement Related to Drainage from Sunlight Construction, Inc. to the Town of Avon in the following described property:   
First Parcel:
That parcel of land identified as Open Space Parcel “A” 61,344 Sq. Ft. 1.408 Acres on a map entitled “Map Showing Easements to be Conveyed to the Town of Avon and Lands to be Deeded to the Avon Land Trust Chidsey Road and Reverknolls Avon Connecticut Scale 1” = 80’ September, 2010” Prepared by Neriani Surveying 35 Old Farms Road,  Avon, Connecticut, which map is to be recorded in the Avon Land Records
Second Parcel:
That parcel of land identified as Open Space Parcel “B” 688,889 Sq. Ft. 15.815 Acres on the aforementioned map.

       3.  Drainage Easement – Pipe Only from Sunlight Construction, Inc. to the Town of Avon in the following described property:   
Proposed 25’ Drainage Right of Way in favor of the Town of Avon as shown on a map entitled “Map Showing Easements to be conveyed to the Town of Avon and Lands to be Deeded to the Avon Land Trust from Sunlight Construction Inc. Chidsey Road & Reverknolls, Avon, Connecticut Scale 1” = 80’ September 2010” prepared by Neriani Surveying, which map is to be recorded in the Avon Land Records.

       4.  Grant of Conservation Easement – Chidsey Road from Sunlight Construction, Inc. to the Town of Avon in the following described property:   
First parcel:
That certain parcel of land identified as “20’ Conservation Easement in favor of the Town of Avon” on a map entitled “Map Showing Easements to be Conveyed to the Town of Avon and Lands to be Deeded to the Avon Land Trust from Sunlight Construction, Inc. Chidsey Road & Reverknolls Avon Connecticut Scale: 1” = 80’ September 2010” prepared by Neriani Surveying, which map is to be recorded in the Avon Land Records. The dimensions of said parcel as shown on said map are 300.02 feet, 20.00 feet, 301.17 feet and 20.03 feet.
Second parcel:
That certain parcel of land identified as “20’ Conservation Easement in favor of the Town of Avon” on the aforementioned map. The dimensions of said parcel as shown on said map are 114.18 feet, 20.16 feet, 111.40 feet and 20.00 feet.

       5.  Grant of Conservation Easement – Haynes Road from Sunlight Construction, Inc. to the Town of Avon in the following described property:   
First parcel:
That certain parcel of land identified as Conservation Easement in favor of the town of Avon (as hatched) area = 8,700.054 sq. ft. on a map entitled “Re-Subdivision Plan of Knoll Lane Subdivision prepared for Sunlight Construction Inc. Owned by William A. & Pamela W Ferrigno and the Avon Land Trust #191 & 193 Haynes Road Avon, Connecticut Scale 1” = 40’ July 20, 2010” prepared by Flynn & Cry Land Surveying LLC Berlin, CT, which map is to be recorded in the Avon Land Records.
Second parcel:
That certain parcel of land identified as Conservation Easement in favor of the town of Avon (as hatched) area = 2,996.260 sq. ft. on the aforementioned map.

       6.  Warranty Deed Regarding Open Space - .7 Acres from Sunlight Construction, Inc. to the Town of Avon in the following described property:
“Open Space to be Deeded to the Town of Avon (shaded) 30,473.953 S.F., 0.700 Ac.” on a map entitled “Re-Subdivision Plan of Knoll Lane Subdivision Prepared for Sunlight Construction Inc. Owned by William A. & Pamela W. Ferrigno and the Avon Land Trust #191 & #193 Haynes Road, Avon, Connecticut Scale 1” = 40’ July 20, 2010,” prepared by Flynn & Cyr Land Surveying LLC Berlin, CT, which map is to be recorded in the Avon Land Records.
       7.  Warranty Deed Regarding Open Space - .2 Acres from Sunlight Construction, Inc. to the Town of Avon in the following described property:  
“Open Space to be Deeded to the Town of Avon (shaded) 9,148.565 S.F., 0.21 Ac.” on a map entitled “Re-Subdivision Plan of Knoll Lane Subdivision Prepared for Sunlight Construction Inc. Owned by William A. & Pamela W. Ferrigno and the Avon Land Trust #191 & #193 Haynes Road, Avon, Connecticut Scale 1” = 40’ July 20, 2010,” prepared by Flynn & Cyr Land Surveying LLC Berlin, CT, which map is to be recorded in the Avon Land Records.

RESOLVED:  That, pursuant to the Council's authority under Sections~4.3.2 (o) of the Avon Town Charter, the Council release the following interest in real property:

      8.   Release of Drainage Easement described as follows:  
Easement dated September 5, 1963 recorded in Volume 48 at Page 177 of the Avon Land Records, which Easement was granted by Clarence B. Curtiss to Wilhelm Berg & Son Inc. and was thereafter deeded to the Town of Avon by Warranty Deed dated September 23, 1963 recorded in Volume 48 at Page 244 of the Avon Land Records.

RESOLVED:  That the Town Manager be, and he hereby is, authorized and directed to accept and/or execute all deeds, easements, releases and other documents necessary to facilitate the foregoing listed conveyances on behalf of the Town, pursuant to which the Town shall accept and be bound by the conditions set forth therein, and, in connection therewith and pursuant to the Council's authority under Section 7-148(c)(3) of the Connecticut General Statutes.
Mrs. Samul, Messrs: Evans, Shea, and Pena voted in favor.

III.      MINUTES OF PRECEDING MEETINGS - None

IV.      COMMUNICATION FROM AUDIENCE - None

V.       COMMUNICATION FROM COUNCIL - None

VI.      OLD BUSINESS

10/11-01          FY 11/12 Budget: CIP Budget Presentations

                                  a.  7:00 p.m.  Secret Lake Association - a power point presentation is
                                       attached and made part of these minutes

Ms. Dellamarggio, Town Council Representative for the Secret Lake Association, made the Association’s 2011/12 Capital Budget presentation.  She reported that the capital improvement proposal is not asking for anything more or anything bigger but for the same requests of road improvement and improved storm water drainage systems.  She added that the original engineering figures appear to be holding at a combined total of approximately $2,000,000; the additional $50,000 is to spot dredge along the storm water outfalls that empty into Secret Lake to get the year’s worth of accumulated sediments out of there and have those storm drains flowing as freely as possible.  She reported that the construction does include elevating one area of Secret Lake Road that floods during significant storm events.  She reported that they looked into whether or not the dredging requires permits and there does not appear any significant permitting that would be needed for the storm water clearing.

She reported that last year Phil Schenck gave the Council a brief history of the Association and she wanted to give some current details.  She reported that Secret Lake Road runs from Route 44 and passes directly through to Route 177/Lovely Street.  She reported that the part of Secret Lake Road and the artery streets that encompass this project run from Birch Road (Avon/Canton town lines) down to Park View Drive.  She added that the streets in the Canton part of Secret Lake Association are maintained by Canton and considered owned, operated, and publicly accessed by Canton.  She reported that there are one hundred forty-four properties, seven of which are not yet developed, located in this part of the project.  She stated that Company #2 is located on Secret Lake Road and the Fire Department Police also operate out of Company #2 with an approximate six hundred calls last year.  She reported that there are now three school buses that serve this area twice a day plus a kindergarten mid-day pick up.  She wanted to give Council some idea on what goes on in a given day and the number of folks living in this area.

She reported that the only concern that the Association asked her to bring to the Council, as they are targeted right now to do some additional preliminary work in 2012 and construction for 2013, is that if we get called out as a referendum as a stand alone item we might not have success and so their hope is that the Council can find a way to incorporate this project with a bigger project or some additional capital improvements to other streets so that we stand a better chance of having this work done.  She added that the streets continue to deteriorate and the Town Engineer, Director of Public Works, and Highway Foreman are responsive to their patching, pothole filling, and sink hole repairs but hoping that when the opportunity does present itself for this project to be given serious consideration that it can be called out for vote with other projects that are important to the community.

Acting Chairman Shea reported that it was a very good presentation, it has been before us before, and the Council is very familiar with Secret Lake Road, the Association, and the unfortunate issues being faced.  He thought it was great that they are working well with the Town Manager, Town Engineer, and Director of Public Works.

                                 b.  7:30 p.m.  Engineering - a power point presentation is attached and
                                       made part of these minutes

Larry Baril, Town Engineer reported that much of what will be seen tonight is what was presented last year; putting items in sequence by priority.  He reported on the request to replace the box culvert over Thompson Brook on Tillotson Road; this is a pending problem that is going to be “catastrophic” meaning when the culvert fails the road will be closed for months to a year for its repair.  He reported that the Old Wheeler Lane Bridge over Roaring Brook project qualifies under the Federal Local Bridge program.  The DOT inspected this bridge and downgraded it from “fair” to “poor” this year.  He reported that there is no state program funding at this point; the caution from WMC Consultants is that the problem with the federal program is that they make you do a lot more than what you need to fix this bridge and as a result may often find that you as a community spend more than if you were to do the project yourselves.  Acting Chairman Shea questioned if our 20% would be more than what it would cost to replace the entire bridge.  The Town Engineer responded no; it is possible that this bridge could be repaired in place; to repair what has been deemed in “poor” condition does not necessarily mean replacing the bridge.  Acting Chairman Shea clarified that it is our 20% under that program would exceed the repair costs.  The Town Engineer responded yes.  Acting Chairman Shea questioned if there are any estimates on such.  The Town Engineer responded that what he has is based on a half-hour inspection and what he has put into this year’s capital budget request is money to do a thorough inspection and repair estimate by our consultant and from that could determine what the repair options are and what its applicability is to the Federal Local Bridge program.  Mrs. Samul questioned that the $25,000 is to get the inspection done and not the cost of the repairs.  The Town Engineer responded that was correct.  Acting Chairman Shea questioned that upon completion of that inspection how would you find out if the 20% under the Federal Local Bridge program exceeds the cost to repair.  The Town Engineer responded that the information obtained from the $25,000 effort will include repair options, estimated costs, as well as likely requirements through the Federal Local Bridge program.  Acting Chairman Shea stated hypothetically we spend the $25,000 next year, two estimates and a complete inspection report are provided; would they put an inflationary number in there for the project taking place down the road.  The Town Engineer responded that is very common to put an inflationary rider on these kinds of projects.  Mrs. Samul questioned what the timeline would be for this project if this is in our budget that gets approved in April 2011, goes out to bid and the report comes back within four months, and if we agree at that point when could work begin if we are applying for federal money versus doing it ourselves.  The Town Engineer responded that if we apply for federal money we are probably looking at a three-year to construction process; the process to get the permitting and documentation in place as he understands it from WMC through the Federal Local Bridge program is a two to three-year process and we have experience here that is even much longer than that.  He reported that if we were doing a bridge repair it is feasible that construction could begin in Spring 2012.

Mr. Evans questioned the Town Manager if it is typical to have an expenditure of this kind as part of your capital budget; why doesn’t this come under more of a general budget item since it is just for an inspection and estimate as we are not really buying anything that has a life term, it cannot be depreciated or amortized.  The Town Manager responded a lot of that comes under the policies that we use for capital and historically how we do it in Avon.  He stated that with capital projects like this it is not uncommon to see it broken out with the smaller expenditure up front to design your project and then later on to get construction; depending on what the final funding source is, this is not something that will be put into the debt model.  Acting Chairman Shea added that historically those studies, inspections or design fees have been in the capital budget.  Mr. Evans questioned that even when we do not know what the balance of the contract costs are going to be as this is just the infancy stage of the project and unique to have it as part of the capital budget.  The Town Manager responded that it is not unique in Avon.

Mr. Pena questioned what is considered old for a bridge as this bridge is over forty-five years old; it is poor condition but the Town has grown during that time with more usage.  The Town Engineer responded that involves a multi-variable answer; it has everything to do with what was its intended design life, what kind of traffic has it seen, what has the environment been that it has had to survive under, and what kind of maintenance procedures have been done on this structure.  He thought that the Department of Transportation (DOT) would tell you that fifty years is a normal design life.  Mrs. Samul questioned that if we have a three-year project ahead of us and this is already in poor condition, could the bridge fail in three years.  The Town Engineer responded that he has talked to Tom Daukas, Special Projects Engineer, and this bridge has been listed in fair condition for many years.  He added that bridges do not generally, with few exceptions, go from fair to poor in a matter of a few years unless they are in some unusual environmental climate like a saltwater condition.  He stated that the DOT did not downgrade it for service which means they did not put a weight limit on it and because of that there is a confident feeling that they do not think this bridge is not structurally compromised already but putting the flag up in the air and saying someone better address this in the not to distant future.  Acting Chairman Shea responded that it starts with trying to get this inspection done and difficult to answer many questions until we get that done.

The Town Engineer reported that he has worked with Phil Schenck and Tom Daukas to come up with the estimates regarding the Old Farms Bridge over the Farmington River and reconstruction of Old Farms/Thompson Road for FY 2011/2012.  He reported that their strong suggestion is to hold a separate meeting with Council preferably sometime in February to present where they are with funding sources, design, and environmental assessment documentation.  He reported that the project has grown some legs in the sense that there are people that actively working on it and in February they will have information from DOT about some funding source they believe is available but not set in stone at this point, CRCOG is directly involved and has some monies that could be transferred, etc.  Acting Chairman Shea stated that the Council is very much aware of the complexity of these two items and the negotiation with the State and other individuals/parties so he thinks that is a wise choice for Phil and Tom to make and wait until February.

The Town Engineer reported on a request related to the drainage from Deepwood Drive to New Road to the Farmington River.  He reported that what has happened over the course of time the water that comes down this town system and through the paved ditch has such volume and velocity that it has caused incredible erosion on private property, sediments in the structure and on the road, and several incidents of personal property damage before continuing to the Farmington River.  He has spoken with the property owner and is amenable to easement and working on his property to help correct it.

Mr. Evans questioned what exactly the proposed $300,000 will be used for.  The Town Engineer responded that he spoke with contractors for viable alternatives to address the situation.  The one alternative that he is promoting is where we excavate a fairly significant plunge pool at the end of the ditch, identifying the channel with rip-rap, with a goal to slow down the water.  He added that what is happening now is water gets in there and flies down the hill and the faster the water goes the more sediment it carries and the more erosion potential it has.  Mr. Evans questioned if this is something that would have to be contracted out or be done somehow with in-house in-kind services.  The Town Engineer responded that he has spoken with the Director of Public Works about this and it being a contracted project.  Acting Chairman Shea questioned the safety part of it once the project is done; there are a lot of kids who live in the area.  The Town Engineer responded that what is being proposed will make it safer than it is now.  Acting Chairman Shea agreed with the safe part, but will it be kid-proof.  The Town Engineer responded yes; a plunge pool will be approximately two to three feet deep and doesn’t think it represents any kind of public safety problem.  Mr. Pena questioned the length of time for slowing down the water.  The Town Engineer responded that instead of the total volume being transferred in that time, we are going to meter the volume so it goes through at a much slower rate.

The Town Engineer reported that the request for town-wide aerial mapping would allow the ability to provide quality service to residents and also provide information for our capital projects.  He reported that the FEMA mapping is poor and not really representative of the topography that exists in town based on the aerial mapping project that was done in 1984.  He reported that the Engineering Department has responded to approximately thirty-five FEMA requested assistances by residents.  He explained that a resident gets indication from their lending institution that their home has been determined to be in the flood zone and now need flood insurance which can cost approximately $1,500 to $3,000.  He added that in most cases their homes are not in the flood zone; FEMA’s mapping that is used to determine the flood zones was based on USGS topography from the 1950s.  He reported that by using the 1984 aerial mapping we still have been able to prove and help our residents prove through what’s called a letter of map amendment request that their structures are out of the flood zone.  FEMA suggested that the town apply for a letter of map revision where we draw on a map where we think the flood zone line is and in order to do that with any kind of confidence we need mapping that is current.  He is requesting to split the project into two phases with the first phase being $81,000 for topography mapping which would get him the mapping he needs to be able to reply to FEMA’s suggestion about letters of map revision and a second phase next year to do the planametric mapping.  He added that this would be information that would be valuable to us and the residents on a daily basis and not just in the Engineering Department but other Town staff.  Mrs. Samul questioned if the approximate thirty-five FEMA requests regarding flood zone are a result of new maps that FEMA came out with in 2008.  The Town Engineer responded that the requests are ongoing.  He added that there were ten to twelve requests that initially came in not long after the mapping came out within the first three to six months.  He thinks what happened since is property transfers ownership which drives the lending institution to find that they are in a flood zone.

The Town Engineer reported that a drainage improvement item has always been included in the CIP budget in the past however he does not have a specific project next year for drainage improvements but what he would suggest is that the Chidsey Road drainage improvements be pushed out to FY 12/13 and FY 13/14 for design improvements to the Chidsey Road drainage road system.  He spoke to photos illustrating drainage issues and erosion along Chidsey Road.  He does not see this item as a higher priority than the items already discussed but it is something that needs to be addressed in the future.

The Town Engineer reported that he has worked with the Director of Public Works regarding road reconstruction and has nothing planned for FY 11/12.  He reported that he is requesting zero dollars next year for the box culvert at Thompson Road crossing Thompson Brook and road improvement at Arch Road to Darling Drive Connector but wants to leave them on the radar screen.

The Town Engineer reported on the AWPCA CIP budget requests including: lateral expansion program which over the last three years included projects on Verville and Deepwood Drive.  The next proposed project, identified as the highest priority area besides the Verville Road area, is the Haynes Road/Springbrook areas, which was identified in our sewer facility plan.  He added that the project that Mr. Ferrigno has received approval for prompted us to consider strongly the concept of sewering Haynes Road as we may be able to enjoy some cost savings by virtue of his interest to sewer his part of the project.  He reported that preliminary engineering and borings have been done and we have identified what they think is a preliminary design concept.  He added that there are other funding options possible for example, speaking with Mr. Ferrigno and him as a developer doing the work and if he can get enough public interest such that he can use this as an enterprise project.  He added that a public information meeting was held in September and fairly well attended by Haynes Road residents.  He would suggest that by the end of January he will have a clear path as to the likelihood of this project and how it will likely go.

The Town Engineer reported on the request to improve the Route 44 pump station significantly under capital replacement of infrastructure and upgrades.  He added that when Fuss & O’Neill did the sewer facilities master plan in 2007 they had recommended a complete replacement of the Route 44 pump station which would cost approximately $750,000.  He does not believe that is required however he does believe that because of the flows that come into that station, its age, and recently identified new flows coming into it with the inclusion of Avon Mills apartment complex and Avon Place condominium complex that it makes sense to make some very severe improvements to that facility.  He added that specifically means enclosing the pump station, replacing the two pumps that are approximately thirty-five years old, and making safety improvements.  He reported on another request regarding the Meadowbrook pump station which needs some minor repairs.

The Town Engineer reported that the final item is a request to purchase software and associated consultant training to model our existing collection system and identify capacity and do our infiltration and inflow study internally.  He added that we have four pump stations and things that we do have to worry about are our costs for treatment which are directly related to the flow by residents and by infiltration and inflow.

Mr. Evans reported that we have a sewer budget that is paid for by the residents who have a sewer bill and questioned that it is an in and out without any real impact to our operating budget.  The Town Manager responded yes, it is a special revenue fund.  Mr. Evans questioned if any of the money in the sewer budget goes to pay any of the proposed capital expenses which have been requested tonight.  The Town Manager responded yes.  Mr. Evans questioned that the amount the residents are paying is more than the annual cost for operating the sewers leaving a balance that can be used for payment of capital projects.  The Town Manager responded yes, there is a fund balance that accrues in the sewer fund and that is used to offset capital expenses, unforeseen expenses, and general operating costs.  Mr. Evans questioned that when we consider our capital budget with respect to the sewers are we only looking towards that sewer balance for payment of those costs.  The Town Manager responded yes.  Mr. Evans added that when we deliberate on our budget in February or earlier we will know what that balance is because then we are limited by the number in terms of our capital requests.  The Town Manager responded yes, there has to be a meeting in terms of the cash flow and not have more funding requirements coming out of the sewer assessment fund than you have funds to be pay for those.  He added that the Town Engineer and Director of Finance have been working on that recently because we have some debt service that is coming out of there in terms of funding obligations we have to both Farmington and Simsbury with respect to our contribution for their expansion costs and other sewer related expenses.  Mr. Evans questioned regarding Haynes Road as a possible installation of sewers there if that is an obligation of the Town or does that get assessed to the individual owners of those properties similar to Deepwood Drive.  The Town Manager responded yes.  Mr. Evans added that if we include Haynes Road as a capital project it would result in assessments to each of those owners.  The Town Manager responded yes.  Mr. Evans questioned if they would have any say in that process.  The Town Manager responded that it runs through the AWPCA with a public hearing process.

                                   c.  8:00 p.m.  Public Works - a power point presentation is attached
                                        and made part of these minutes

Bruce Williams, Director of Public Works, reported that much of the requests on the list are the same from last year with a few items added to the top for next year.  Acting Chairman Shea reported that the Director of Public Works has great reviews for his work with the public on the various projects and the in-kind services.  He added that the Council is hearing from a number of different groups what a great job the Director of Public Works is doing.

The Director of Public Works reported on the roads that have been targeted for next year based on the Pavement Management Plan as well as two parking lot improvements.  Mrs. Samul questioned that a large percentage of the cost would be materials with relation to paving but if you were to wrap other parking lots into it, is there any economy of scale.  The Director of Public Works responded no; the infrastructure of the drainage system goes hand in hand with paving and by doing the catch basins internally are saving thousands of dollars.  He added that Public Works uses a CT Department of Administrative Services (CT DAS) program where they bid out statewide paving in each community and for the State of Connecticut so tonnage cost is put in place.  Mrs. Samul added that a school was interested in having some of their parking lots done.  The Director of Public Works responded that he sent information to them.

The Director of Public Works reported on the request to improve the Public Works shop floor and wall coatings; the building is thirty-five years old and we have made great strides by replacing the overhead doors through the Avon Clean Energy Commission; the roof, insulation, and façade have been replaced.  He reported that he continues to provide a roof report for municipal buildings and are in great shape with exception of the highlighted locations.

The Deputy Director of Public Works reported on fleet and equipment requests which are the same from the last three of four years.  He added that funding has been approved for one heavy truck at a time unfortunately the light duty fleet has been suffering because of priorities and the light duty fleet has exceeded its life cycles.  He reported that some of these vehicles are undersized for our operation.  He highlighted the new requests on the list which include the combination backhoe/loader which is also being used at the landfill to keep our operating costs down by compacting the material that goes into our containers.  Mrs. Samul questioned being charged by weight.  The Deputy Director of Public Works responded that we are charged by weight and the number of pulls.  He looks at how many miles vehicles are utilized by departments and Public Works totaled 176,000 miles last year, which is just over 50% of what the Police Department totaled at approximately 300,000 miles.

Mr. Evans questioned if the vehicles are listed in any order of priority.  The Deputy Director of Public Works responded yes, they are listed in priority order from high to low.  Mrs. Samul questioned that having a ½ ton pick-up truck listed with a $60,000 replacement does not indicate that you are buying or replacing it with another ½ ton truck but buying another truck that you can use.  The Deputy Director of Public Works responded that he has provided a description of what the asset is currently and not what the asset is going to be when we replace it.  Acting Chairman Shea reported that Council likes to hear the history and future issues, but really looks to the department to work with the Town Manager to come up with your set of priorities, the Town Manager comes before Council in February and see what you actually need with estimated costs; the Town Manager, Assistant to the Town Manager, and Director of Finance will work closely with you to develop that priority list.

The Director of Public Works reported that the underground storage tank project is a multi-year project that originally started two years ago, funded at $50,000 the last two years.  He added that one diesel and one gas tank were removed from the landfill site last spring which were in violation of the DEP.  He reported that there is one more gas tank at Public Works facility that should be removed next spring.  He is beginning to setup new fueling areas with above ground tanks and remove any notice of violations and comply with reporting requirements with DEP.  Mrs. Samul questioned if any of those tanks are near an aquifer.  The Director of Public Works responded that he would have to check with the Town Engineer.  He reported on the request under the sidewalk improvement plan which was funded at $10,000 two years ago and zero last year; any little bit helps as they can use it for areas of trip and fall incidents.  He concluded by stating that Council has some hard decisions to make and he is one piece of the pie.  Acting Chairman Shea reported that the Director of Public Works is an important piece and Council appreciates all of his hard work; it was an outstanding presentation.

                                  d.  8:30 p.m.  Recreation and Parks - a power point presentation is
                                        attached and made part of these minutes

Glenn Marston, Director of Recreation and Parks, reported that the departments drivers are based on the Recreation Master Plan and is similar to what Council saw last year; the projects have been prioritized with changes in the priority from last year.  He highlighted the five-year plan and noted that the $80,200 for the Fisher Meadows field development should come off following approval of such at the next Board of Finance meeting.

He reported that for the twenty-eight years that Fisher Meadows has been open the Spring Lake connection has been either crushed or blocked and is more in line with the road project or the Fisher Meadows project.  Acting Chairman Shea reported that it has to be done and there has been talk about doing the work for decades.  The Director of Recreation and Parks reported on the request for Sycamore Hills court repair and painting.  The Park & Recreation Committee moved this item above the Sperry Park parking lot project.  He reported that the repairs being done at Sycamore Hills right now are going well.  He reported that Fisher Meadows seems to be where we want to go; everything else is contingent upon that.  He reported that the time is very close for the Sycamore Hills tennis court repairs and when the Avon Middle School tennis court project is ready to move forward, we may be able to work with the same contractor for an economy of savings.  Acting Chairman Shea clarified that when a contractor bids the Middle School tennis project and bid the Sycamore Hills tennis court repairs as an add-on.  Director of Recreation and Parks agreed.

Director of Recreation and Parks reported that the building renovations at Countryside Park have slowed down based on a volunteer initiative.  He added that a donor is giving us four exterior doors that have been approved by Public Works.  He reported that the big ticket project is the Thompson Road facility development based on the Master Plan.  He reported that we are not currently experiencing any issues with the building at the Senior Center/Community Room.  He reported that the tennis court lighting project at Thompson Brook School will be based solely on fundraising/grant efforts as the Park & Recreation Committee cannot justify that municipal expenditure above any of the others listed.

Acting Chairman Shea reported with regards to the Thompson Road facility development that on the Planning & Zoning Commission’s agenda Avon Old Farms School is coming in for the opportunity to build a field/facility and encouraged the Director of Recreation and Parks to pay attention to how they do it and what they do.  The Director of Recreation and Parks responded that he received multiple e-mails with the agenda outlining that item for exactly the same reason.  He added that Avon Old Farms School process will also be the same as what is being discussed for Fisher Meadows.

Director of Recreation and Parks reported that a question has been raised about if we do the fields at Fisher Meadows how much more will we need in the future.  He responded that outside of the proposed all-purpose field at Thompson Brook, he is hard-pressed to think that with the population projections that we will need much more and will be recycling back onto our current facilities to do renovations.  He added that with tennis and volleyball getting larger, there are plans at Buckingham for those sports.  He added that we have full access to all five of the school facilities after five o’clock on weekdays and all weekend long and maximize the use on all of those facilities.  Acting Chairman Shea reported that the Director of Recreation and Parks is doing a great job and it was a great presentation.

VII.       NEW BUSINESS

10/11-23          Resignations: Avon Clean Energy Commission (12/31/2011)

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council accepts with regret the resignations of Robert Martin and Olivier Gressier from the Avon Clean Energy Commission.
Mrs. Samul, Messrs: Shea, Pena, and Evans voted in favor.

IX.       EXECUTIVE SESSION: Litigation/Negotiation
             A.  Discussion of strategy with respect to pending claims by the Police Union
           
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 8:45 p.m. for discussion of strategy with respect to pending claims by the Police Union.
Mrs. Samul, Messrs: Shea, Pena, and Evans voted in favor.

The Town Manager, the Assistant to the Town Manager, and the Clerk attended the session.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council come out of Executive Session at 9:50 p.m.
Mrs. Samul, Messrs: Shea, Pena, and Evans voted in favor.

XI.         ADJOURN

The meeting was adjourned at 9:50 p.m.

Attest:  


Caroline B. LaMonica
Clerk