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Town Council Minutes 03/04/2010
AVON TOWN COUNCIL
MEETING MINUTES
March 4, 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.

  • PUBLIC HEARINGS
08/09-65        Acceptance of Easements, Ensign Bickford Property:
  • Town Green Improvement Easement
  • .4 Acre Parcel Easement (northerly of Marriott)
The first Public Hearing was called to order at 7:30 p.m. by Chairman Zacchio, 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, March 4, 2010, at 7:30 p.m. in the Selectmen’s Chamber, 60 West Main Street, Avon, Connecticut for the following purpose:
  • To accept an easement that will grant to the Town of Avon certain rights over a parcel of land adjacent to the Town Green.
  • To accept a .4 acre parcel (17,433 sq. ft.), a portion of Parcel #3970055 (adjacent to Ensign Drive and Nod Brook), to be used for public park purposes.
Dated at Avon, Connecticut this 9th day of February, 2010.
                Brandon Robertson, Town Manager”

Steve Kushner, Town Planner, reported that the .4 acre parcel is being deeded to the Town of Avon at the intersection of the driveway that serves the Residence Inn, Ensign Drive, and Nod Brook and the Planning and Zoning Commission had acquired when the hotel was approved in 2001.  The process has taken a considerable amount of time.  Ensign Bickford had several loans on the property and needed to obtain releases from their mortgage holder, in addition to finalizing the terms of the conveyance.  While the Town is accepting the right to the parcel, the agreement with Ensign Bickford is that they can count that parcel for purposes of satisfying minimum landscaped area requirements.  The parcel is immediately adjacent to the bike trail and there is a master plan for a small pond.

He reported that the easement area is located northerly of the Town Green.  A number of items have already been accomplished at the Town Green, including the sidewalk system, new benches, and decorative street lamps.  A future three-tiered fountain is reflected in the master plan with a vision similar to the Weatogue fountain on Route 10.  If there was future fundraising campaign to build the fountain it would not currently fit on the town’s property so it would be necessary to build a small portion of it on land owned by Ensign Bickford.  In 2004, Planning and Zoning Commission asked Ensign Bickford to fund the master plan as a result of the construction of a driveway and additional parking in front of Talbots which connects with Ensign Drive.

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. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept an easement that will grant to the Town of Avon certain rights over a parcel of land adjacent to the Town Green.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council accept a .4 acre parcel (17,433 sq. ft.), a portion of Parcel #3970055 (adjacent to Ensign Drive and Nod Brook), to be used for public park purposes.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

09/10-61        Acceptance: Amend Article II Sec. 45-23 (Ordinance #55)

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:
                                        “LEGAL NOTICE
                                NOTICE PUBLIC HEARING

Notice is hereby given that the Town Council of the Town of Avon, Connecticut, will hold a Public Hearing on Thursday, March 4, 2010, at 7:30 p.m. in the Avon Town Hall, Selectmen’s Chamber, 60 West Main Street, Avon Connecticut for the following purpose:

To amend Article II (Ordinance #55) Land Use Application Fees

                Dated at Avon, Connecticut, this 11th day of February, 2010.
                                                        Brandon Robertson, Town Manager”

Steve Kushner, Town Planner, reported that one of the Town’s Attorneys sent a letter to the Planning and Zoning Commission commenting on some important cases indicating that when an applicant appears before one of the town’s regulatory agencies and they present to the Commission expert testimony from an expert witness, that unless the Commission has its own expert witnesses it is under most circumstances obligated to accept that testimony as a matter of fact.  There are instances in the case of larger projects where the Planning and Zoning Commission has indicated that they would like to have the ability to hire their own expert witnesses to give a point of view that represents the best interest of the town and mandate that the applicant pay for the Commission’s ability to hire its own expert.  The areas of expertise include traffic engineering, civil engineering, and landscape architecture.  Mr. Zacchio questioned if this is consistent with what other communities are adopting.  Mr. Kushner responded that the Town of Simsbury has something very similar, along with a dozen other communities.

Mr. Evans reported changes in the wording so it is clear that the experts being referred to are the Commission’s experts.  He clarified the following word changes in the Article: first paragraph, change to “…large in scope may require the Commission to retain the service of outside consultants…..,” in the second paragraph, change to “….shall make a determination whether the Commission needs to hire one or more outside consultants……,” in the third paragraph, change to “The fees for any consultant(s) retained by the Commission shall be borne……,” and in the second paragraph, change to “….then said application may be denied on the basis of incompleteness.”

Mr. Evans reported making it clear of the circumstances where the Commission has hired its own experts and reports directly to the Planning and Zoning Commission.  Mr. Evans questioned if this process includes an appeal or would the applicant be required to pay for any appeal that was taken and any experts that need to be retained in connection with an appeal.  Mr. Kushner responded that it was not legally possible and has spoken to the Town Attorney regarding that item in the past.  Mr. Evans questioned if any balance of the 150% can be used for an appeal.  Mr. Kushner responded that the 150% would be an estimate made by the Commission strictly for costs for retaining the consultants and any unused funds would be returned to the applicant.  He added that the funds collected by the applicant remain with the town whether the application is approved or denied.

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. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council accept Article II (Ordinance #55) Land Use Application Fees as amended.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

III.      MINUTES OF PRECEDING MEETINGS:   February 4, 2010

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept the February 4, 2010 minutes as submitted.
Mrs. Samul, Messrs: Zacchio, Shea, and Pena voted in favor.  Mr. Evans abstained.

IV.      COMMUNICATION FROM AUDIENCE

Dr. Adam Corrado reported that he met with the Town Manager and the Assistant Town Manager today to bring the Town Manager up to speed on paramedic services.  He will be remaining with the organization to provide whatever expertise that he can and is available to answer any questions or concerns that the Council might have.  Mr. Shea reported that Dr. Corrado is a doing great job, thanked him for all of his work, and the town is well served by him.

Susan Reboul, co-chair of the Pine Grove School Playground Committee, reported the Committee put over three years into the project’s fundraising efforts and was truly disappointed at what was felt as a last minute decision to pull town funds to help reach the project’s goal.  Chairman Zacchio reported that the Town Manager had a conversation with Ms. Reboul today and he had an opportunity to read her e-mail circulated earlier today.  He reported that there was some confusion during the February budget workshop and what was understood.  He reported that this item would be discussed under the budget agenda item.

V.       COMMUNICATION FROM COUNCIL

Mr. Pena reported that he attended Planning and Zoning’s Special Meeting and that it was very informative.  He commended Steve Kushner and his department with the presentation made.  Mr. Evans added that he attended the meeting as well and it was tremendously informative.

VI.      OLD BUSINESS

07/08-08        Library Project: Construction Manager Recommendation    

Ms. Hornaday reported that for good and valid reasons the Library Building Committee is not in total agreement on a construction manager recommendation.  The Committee will meet again on March 17th at which time a selection will be made and the recommendation to follow at the Council’s next meeting.  She reported that the Committee should also know at that time what the status is with the library project being on the agenda for the State Bond Commission.  Chairman Zacchio reported that both firms being considered are good and the town has had experience with them in the past on different projects.  Chairman Zacchio questioned how much of the bid assumes change order requests.  Ms. Hornaday responded that the firms have agreed that there will be a guaranteed price and the Committee is asking the same question of both firms before making a definitive decision.  Mr. Shea reported that the contingency was approximately 10%.  Mr. Pena questioned both firms presenting the possibility of leaving the library open and not moving.  Mrs. Hornaday responded that both firms indicated that they can complete the project either way.  The decision about whether or not the library moves is one for the Library Building Committee and Library Board.  She reported that the dollar impact and whether or not the grant is received might have a big influence on this decision.  Mr. Pena questioned of the $350,000 how much it would cost to move into storage.  Ms. Hornaday responded that expense is yet to be determined.  Mr. Pena questioned if the library was to stay in that location during construction, would it be closed completely at any time during the twelve months.  Ms. Hornaday responded that there will be a period of time when book collections are being moved at which time it would be closed, for approximately two or three weeks.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council table agenda item 07/08-08 Library Project: Construction Manager Recommendation to the April 8, 2010 meeting.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

09/10-18                FY 10/11 Budget: Recommendation to Board of Finance

Chairman Zacchio reported the Town Council met for most of Saturday, February 27th for a budget workshop session.  Some reductions were made, in addition to other line items reviewed by the Town Manager.  He reported that the Town Manager was prepared to come to this meeting prepared to bring the operating budget down to 2.5% and then move into the capital budget to discuss the playground project.  The Town Manager reported there were reductions made at the workshop which brought the operating budget down to 2.93% and additional reductions, in the amount of approximately $38,500, have been made to bring the operating budget down to 2.5% increase over last year.  Chairman Zacchio questioned the reduction of Claims and Losses by $20,000.  The Town Manager responded this item was being budgeted higher for possible contingency, future heart and hypertension claims and to the extent that if any of those claims are realized the amount would be far greater than $20,000.  He added that a better way to approach the payment of those claims would be through a supplemental appropriation.  Mr. Shea questioned where the Town Manager would have gone next if the insurance area was not an option.  The Town Manager responded that the other areas to be looked at would have been OPEB (Other Post-Employment Benefits) funding and different personnel functions; all line items are fairly tight.  Chairman Zacchio reported that the town has made a number of deep personnel changes in the last three or four years to bring the budget to where it is.  Chairman Zacchio questioned if the funding with OPEB puts the town back on track with the seven-year plan.  The Town Manager responded that it does as the operating budget reflects the $125,000 requirement.  Mr. Evans questioned how the Town Manager – FICA was reduced.  The Town Manager responded this reduction is due to the recent Town Manager transition.  Mr. Shea, on behalf of the Council, reported that the Town Manager did a great job bringing the budget down to 2.5% with a reasonable approach in these economic times.  The Town Manager responded that it is a team effort.

Chairman Zacchio reported that the Pine Grove School Playground Committee has raised $130,000 towards the replacement of much needed playground equipment.  There had been discussions with the Committee and town staff and each group took away something different from the meetings.  He reported that the town normally likes to support any public funding that is raised by either matching funds or put funds within the year’s capital budget to help fund those projects and get them off the ground.  The Board of Education had put an item in their capital budget that landed as a second priority, as the first priority is the Middle School boiler replacement.  Town staff and the Committee had a conversation and thought we came to a point where the $130,000 would be used and attempt to do in-kind services as there was no room in the budget at the time in order to move the project forward.  The town staff thought that was a favorable decision, however the Committee thought the in-kind service was extra above what was funded in the budget.  Therefore, at the Saturday budget workshop this item was not reviewed as part of the capital budget.  Given the circumstances, this is the time to address the issue.  He reported that the capital budget in whole is approximately eight percent lower than last year realizing that capital budget over the last four or five years has been diminished down to a minimum.  He reported that the larger items are the Middle School boiler replacement which needs to take place during the summer when the school is closed, first year of five year payments for a fire truck, and lease options on a police car.

Mr. Shea reported that the estimated total budget for the Pine Grove School playground is $350,000 of which $130,000 has been raised.  There is a dollar figure that the Town would put on the in-kind services once it goes out to bid.  Mr. Shea recommended trying to add additional funds into the Capital Budget for the playground, but it is not realistic to fund the balance of the project in this Capital Budget as $200,000 would cause great strain and put us in some peril in a public discussion about how we are trying to go about doing this.  Mr. Shea recommended meeting the shortfall by trying to fund $100,000, an arbitrary number, in the Capital Budget.  Mr. Shea commended the Committee for raising $130,000 which is incredible.

Jill Kijanka reported that when the Committee walked away from the recent meeting they did not thinking there was zero dollars in the budget for the project.  She added if that is the case then the reality of this project is zero.  The Committee has figures from October 2008 and looking at those they are assuming they could be lowered for a lot of different reasons.  She reported that the Committee is not ready to give up on this project and are happy to continue to push to raise more funds.  But if it is being done with the understanding that there is zero dollars in the budget it makes it extremely difficult for the Committee to go to parents.  She added that she learned about the project not being in the budget through a parent who asked what was going on as they had made a donation.  She reported that it is very difficult to go out and seek more donations even though the town is not going to support this project when in fact it is a town project for a town school.  Chairman Zacchio responded that we are here to talk about putting some money in the budget for this project.  He clarified that even if the Council puts something in the budget today it doesn’t mean it comes true as it still needs to survive the referendum process, including public comment and the Board of Finance’s decisions on what gets funded in the budget.  He added that it will not be a high priority item within the capital budget if indeed we have to make reductions.  The Board of Education has been very clear of their submissions, this being the second, and the highest priority for them is the boiler which also happens to be the highest funded item within the capital budget.  Jill Kijanka reported that if the Council agrees to go forward with the $100,000, it is an honest attempt to try and make this project happen the Committee can continue and get the pricing updated.  Chairman Zacchio reported that if the Town staff hadn’t walked away with the impression that we found a solution to try to fund something, the $130,000 and in-kind service in order to get the project out there and get something installed, it probably wouldn’t have been removed from the Town Manager’s budget and would have been a discussion item at the February 27th workshop.  Diane Carney reported that when this proposal was originally brought up it wasn’t up for the town matching funds and just a proposal to raise money.  She questioned if the town has matched funds for any other playground, i.e. Buckingham.  Mr. Shea responded that we have to be careful with the word “match” as there is no policy that speaks to such and no one at any time has made a commitment.  He reported that the Committee needs to go to the public hearings and start talking about the worthiness, value, and importance of the playground project.

Chairman Zacchio reported that the current capital budget is a little over 8% less than it was at the same time last year which was a deflated capital budget due to the reductions made.  He added that there is an approximate $112,000 to bring the capital budget to a zero percent increase versus a negative and still recognize that it is a deflated figure from what it was at the beginning of the budget processes in the last few years and well under-funded versus what it had been before.  He reported that $100,000 would be a good number, as a place marker, plus the in-kind services means the Council supports it and it makes it more palatable to continue to fundraise, along with the Committee standing up and support it at the public hearing.  Chairman Zacchio added that in terms of half of the project being funded, what can be done with those dollars to make the playground workable and add on to in the future.  Mr. Pena reported that the Council does continue to support the project.  Mr. Evans questioned how the Committee sells this project to the Board of Finance if we don’t know whether $100,000 plus what the value of the in-kind services are going to be plus whether any shortfall can be made up by fundraising efforts.  He agrees with the $100,000 being put in as a place holder but as the months go on in the budget process it would help to crystallize the project.  Jill Kijanka responded that the RFP should be going out this week with proposals returned by April 1st.  Mr. Evans commended the Committee for the amount of money that they have raised and we should encourage similar groups to raise money in the same way by at least contributing in part to the efforts.  Mrs. Samul concurs that the Committee has done a terrific job; it is unfortunate that communication broke down, but we are well on our way to rectifying it as best as we can.  Mr. Evans questioned the pursuit of grant opportunities for this project.  The Town Manager responded that the STEAP grant is not funded right now.  The Committee reported that they have gone to businesses seeking grants that they might offer but the issue is that the project is a capital item.

On a motion made by Mr. Shea, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council approve and forward the FY 10/11 Proposed Budget of $74,196,961 to the Board of Finance, as follows:
REVENUES
                Property Tax & Assessments               $        65,613,091
                State & Federal Grants                      3,634,906
                Licenses, Fees & Permits                               875,480
                Charges for Current Services                        3,206,871
                Other Local Revenues                                   464,466  
                Other Financing Sources (Uses)                 402,147
                    TOTAL                                        $        74,196,961
EXPENDITURES
                Town Operating Budget                    $           19,152,860
School Operating Budget                           46,979,845
                Sewer Operating Budget                      1,689,479
                Capital & Debt Service Budgets:
                Debt Service                                                    5,010,181
Capital Budget (CNREF,
                Facilities & Equipment)                                 1,364,596
                Subtotal:  Capital & Debt Service                   6,374,777
                        TOTAL                                              $           74,196,961
Mrs. Samul, Messrs:  Shea, Zacchio, Evans, and Pena voted in favor.

09/10-23                Approve Resolution: Energy Efficiency Grant

The Town Manager reported that it is a housekeeping item to reflect the name change in the Town Manager and to authorize the new Town Manager to sign documents for the grant in the amount of $75,189 coming from the Office of Policy and Management.  The grant is going to be used to develop a town energy plan and for the finalization of replacement for overhead doors at Public Works.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That Brandon Robertson, as Town Manager of the Town of Avon, is hereby authorized to make, execute and approve on behalf of the Town of Avon any and all applications, contracts and amendments and to execute and approve on behalf of this municipality other instruments a part of or incident to such contracts and amendments, effective until otherwise ordered by the Town Council.
Mrs. Samul, Messrs: Shea, Zacchio, Evans, and Pena voted in favor.

09/10-48        Appointments
  • Depository of Town Funds
Mr. Evans questioned why The Simsbury Bank & Trust Company and Northwest Community Bank were not approved at the last meeting.  Chairman Zacchio responded that Mr. Shea and Mrs. Samul had a conflict and therefore there was not a quorum to approve those depositories.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council appoint The Simsbury Bank & Trust Company and Northwest Community Bank as Depository of Town Funds.
Messrs: Zacchio, Evans, and Pena voted in favor.  Mrs. Samul and Mr. Shea abstained.

  • Wild & Scenic River Study Committee (D – 12/31/11)
On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED:  That the Town Council table agenda item 09/10-48c Appointment: Wild & Scenic River Study Committee to the April 8, 2010 meeting.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

  • 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 table agenda item 09/10-48e Appointment: North Central Regional Mental Health Board to the April 8, 2010 meeting.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

VII.      NEW BUSINESS

09/10-62        Review and Approval: 2010 Girl Scout Week Proclamation

Chairman Zacchio, on behalf of the Town Council, invited the Girl Scouts at the meeting to come to the front of the room.  Chairman Zacchio read the proclamation.

WHEREAS, March 12, marks the 98th anniversary of Girl Scouts of the USA, founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and,

WHEREAS, throughout its distinguished history, Girl Scouting has inspired millions of girls and women with the highest ideals of courage, confidence, and character; and,

WHEREAS, through the Girl Scout leadership experience girls develop the skills and lessons that will serve them a lifetime so that they may contribute to their communities; and,

WHEREAS, Girl Scouting takes an active role in increasing girls’ awareness of the opportunities available to them today in match, science, sports, technology and other fields that can expand their horizons; and,

WHEREAS, more than 3 million current Girl Scout members nationwide will be celebrating 98 years of this American tradition, with nearly 50 million women who are former Girl Scouts and living proof of the impact of this amazing Movement;

NOW, THEREFORE, I, Mark Zacchio, by virtue of the authority vested in me as Chairman of the Town Council of Avon, Connecticut, do hereby applaud the commitment Girl Scouting has made to support the leadership development of America’s girls and proudly proclaim the week of March 7, 2010, as Girl Scout Week.

Chairman Zacchio thanked the girls for attending the meeting.

09/10-63        Wild & Scenic Designation

Steve Kushner reported there was considerable amount of discussion by the Planning & Zoning Commission and Inland Wetlands Commission at their meetings trying to weigh the pros and cons of endorsing the program.  The Planning & Zoning Commission approved the endorsement of the program by a 5-2 vote and the Inland Wetlands Commission by a unanimous vote.  Steve Kushner highlighted items in his memo dated March 4, 2010 which is included and made part of these minutes.  He reported that the Planning and Zoning Commission completed a cost benefit analysis and ultimately there are not substantial costs and there are not immediately apparent substantial benefits.  He reported that there is not $2 million of funding that is available to the town and there is a special name that would be associated with the Farmington River in Avon called the Wild and Scenic River which could have an appeal.  He reported that in terms of cost it does require another federal regulatory review but not in or of itself.  He reported that the Planning and Zoning Commission was concerned about one project, the Old Farms Road Bridge.  He reported that Jamie Fosburgh, Director for the Wild & Scenic program for the New England Region, suggested sending him the bridge plans for his review even though the town has not made a formal application to any federal agency, prepare final comments, and when ready to advance with an application he will send his report to the appropriate federal agencies.  The Planning & Zoning Commission and Tom Daukas, Town of Avon Special Projects Engineer, reviewed Mr. Fosburgh’s report and were quite comfortable with his findings.  Chairman Zacchio questioned what we are getting for that oversight and having more regulation.  He added that he likes the designation and could attract some to the river and doesn’t restrict us in any way.   He questioned if there are any complications which could be of concern.  Mrs. Samul, also a former member of the Planning and Zoning Commission, reported that she is a strong proponent of personal property rights and doesn’t like to infringe on them.  She questioned the quarter mile and if that extends all the way up to the highway, covering a lot of personal property rights on whether they can build sheds, etc. and there would be no additional restrictions or reviews by anyone else other than what now exists.  Mr. Kushner responded that was correct unless one of those private property owners wanted to conduct some activities then they would have to seek a federal permit.  Mrs. Samul questioned if the private property owners in this proposed area have been specifically contacted and asked to come in for explanation.  Mrs. Joyce Kennedy-Raymes, local coordinator for Farmington River Watershed Association, responded that part of the study is to complete an extensive outreach and education program from a mailing list that has been developed.  She reported that five newsletters have been sent out thus far, held a series of open houses, and attended events throughout the ten-town region and submitted articles to the newspapers.  Mrs. Samul questioned if the riparian property owners in Avon have been specifically contacted.  Mrs. Kennedy-Raymes responded that the land owners have not been specifically called on, but made a mailing list with all people who live along the river.  Mrs. Samul reported her concern was people finding out after the fact even though everything was done by the book.  Mrs. Samul questioned if there is the potential for either doing this in part up to the bridge or after the bridge gets approved.  Mr. Kushner responded that the offer made to the Planning and Zoning Commission was to send in the bridge plans now for review.  Mrs. Samul questioned if anyone is held by that review.  Mr. Kushner responded that the reviews of greater concern to the town are the other federal agencies, FEMA and Army Corp of Engineers.  Mr. Pena questioned the reason behind the Planning and Zoning Commission not being unanimous in their decision.  Mr. Kushner responded that the two “no” votes felt the cost outweighed the benefit and the town has an effective set of rules and regulations that have served the town well and not necessary to add any additional involvement from the federal government.  Mr. Kushner reported that the Planning and Zoning Commission also raised the question of whether or not the town could remove themselves from the program in the future.  Mr. Fosburgh responded that the Wild & Scenic Rivers are meant to be protected in perpetuity for future generations and there is no specific provision for removing a piece of the river.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council adopts the resolution in support the Wild and Scenic designation for the Farmington River, as it passes through the Town of Avon.
Messrs: Pena and Shea voted aye.  Mrs. Samul, Messrs: Evan and Zacchio voted nay.  The motion was defeated.

09/10-64        Approve Resolution: Connecticut Clean Energy Fund

The Town Manager reported that the only change in the resolution text from last year is the change in Council Chair.  He reported that there is a move by the Governor to use Connecticut Clean Energy Funds to balance the budget.  The Avon Clean Energy Commission has asked the Town Council to adopt the resolution voicing their opposition to that.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council approves the attached energy resolution for the Connecticut Clean Energy Fund.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.

09/10-65        Supplemental Appropriation for Appraisal Services and Possible
                Environmental Assessment, up to $8,500.00

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $8,500 from General Fund, Other Financing Sources, Undesignated Fund Balance, Account #01-0390-43913, to General Fund, Town Council, Service & Consultant, Account #01-1101-52184 for the purpose of conducting an appraisal and possible environmental assessment on the Severni property.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.

VIII.    TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A                 Purchasing Update – The Town Manager reported there are ongoing purchasing activities and he would answer any questions that the Council might have.

Misc. B                 Old Farms Road Project – The Town Manager reported that on Monday this week there was a meeting at town hall with state legislators, town staff and Mr. Shea to bring legislators up to speed with the project.  He reported that a meeting has been requested with the CT DOT Commissioner’s office primarily to consolidate the three projects under one project manager and to urge that future funding considerations remain on the front burner.  He reported that a technical workshop with Tom Daukas and regulatory officials will be held where they will look at twelve different routes mapped out for Old Farms Road; route “I” has been agreed on between the town and Avon Old Farms School but each route still needs to be evaluated as some routes are not viable as they intersect the school campus.

Misc. C         Library Naming Opportunity – The Town Manager reported that there has been discussion regarding naming opportunities for donors who donate funds for the library project.  The issue is the possibility of naming rights versus simple recognition.  Mary Suter reported that there have been a number of conversations about this in the past and those people that were part of those discussions have come away with a clear and consistent understanding that the town has a policy that you don’t name public buildings or parts of public buildings after individuals.  She reported that a few years ago it was proposed as a variation on this fundraising strategy to try to attract some larger donations by using a recognition gift strategy as opposed to a naming strategy.  The Committee found that other towns use the same town policy and a number of libraries have come up with different approaches to address this.  The Fundraising Committee has come up with a list of items or features in the library which assign a notional value to them with the interest in promoting fundraising opportunities in the hopes that individuals would fund one of these gifts under the notion of using recognition opportunities.  There are a number of individuals who have already reserved ascertain of these features in the library by donations of $10,000 or above so it is important to resolve this issue and move forward.  Mr. Nolan reported that the feeling of the Steering Committee is that it can live with the longstanding policy and not in any way impede their efforts to raise funds.  It’s a policy that’s been developed over time, has served the town well, and will continue to as the fundraising campaign moves forward.  He read the preface accompanying the list of items that Mrs. Suter has referred to.  For example, the plaque would read “Circulation Desk, Gift of John Smith” versus “The John Smith Circulation Desk” which is a subtle but important distinction that the Committee feels will serve its needs adequately.  Chairman Zacchio responded with his support.  Mr. Evans questioned that if the Council were to make a change in the policy to full naming rights if the fundraising efforts would increase in any material way.  Mr. Nolan responded that maintaining it as recognition opportunities will allow the Committee to raise the same amount of money as if they had naming rights.  Mr. Evans questioned where the plaques would go, how big they are, and how many the Committee expects to have.  Mr. Nolan responded that it would be hard pressed to come up with a number and would vary in size depending on whether it is for a Board Room (approximately 6” x 8”) or Circulation Desk (approximately 2” x 4”).  Mr. Shea gave his support and reported that if done appropriately it would be a wise and well received idea and will help fundraising as it is a real community project.  Mr. Nolan reported that every donor will be recognized in one form or another.  Mr. Pena concurred with his support.  Mr. Shea questioned what happens when people want the same thing.  Mr. Nolan responded that the last paragraph of the preface clarifies that the decision rests with the “Board.”  Mr. Shea made the recommendation to add the word Library before Board.  Mr. Shea questioned how the meeting request with the Governor’s office was going.  Mr. Nolan responded not so well.  He called Representative Beth Bye’s office on February 5th to arrange a meeting and had not heard back.  He also called Senator Kevin Witkos twice and is waiting to hear back.  Mrs. Suter had also left a message with Governor’s office; letters have been sent as well.  Mr. Shea complimented the Library Board for doing all they can and making the initiatives since they last met with the Council.  The Town Manager reported that he has also reached out to the legislators.  Ms. Hornaday reported that she spoke to Representative LeGeyt last week and he and Senator Witkos were collectively trying to get any amount of time with the Governor’s office.

Misc. D Extension of Dial-A-Ride Agreement and Agreement with McLean
                       Home for Elderly Day Care/Out-of-Town Medical Transportation

The Town Manager reported that these agreements will be extended.  He asked Alan Rosenberg, Director of Social Services to conduct additional research, how long we have been using these vendors in the event the town wants to take a look at the market and go out to bid.

Misc. E Google Earth Application – The Town Manager reported that applications are being accepted.  A few e-mails had been received from residents who suggested that we might be interested.  Steve Kushner, Director of Planning and Community Development completed the application and will see what happens thereafter.  Mr. Pena questioned if there is any advantage if the Valley is to combine together.  The Town Manager responded that he would reach out to surrounding towns to see if there was any interest.  Mr. Pena questioned if there is any advantage, for example, with West Hartford purchasing the controls.  The Town Manager responded that he was not sure.

Misc. F Earth Day 2010 – The Town Manager reported that Earth Day is April 17, 2010 and Council has referred this to the Natural Resources Commission.  Mr. Pena questioned if the Natural Resources Commission includes the schools.

XI.         ADJOURN

The meeting was adjourned at 9:30 p.m.

Attest:  


Caroline B. LaMonica
Clerk