Skip Navigation
This table is used for column layout.
Town Council Minutes 03/01/2012
AVON TOWN COUNCIL
MEETING MINUTES
March 1, 2012


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 by Chairman Zacchio.  Members present: Mrs. Samul, Messrs. Pena, Evans, and May.

II.       PUBLIC HEARING

11/12-45       Accept a Recreation Trail Easement – Avon Park South

The Public Hearing was called to order at 7:30 p.m. by Chairman Zacchio.  The legal notice read as follows:
“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 Thursday, March 1, 2012 at 7:30 p.m. at the Avon Town Hall, Selectmen’s Chambers, 60 West Main Street, Avon, Connecticut to consider the following:
To approve a recreation trail easement granted to the Town of Avon by the owners of 60 Security Drive.  This easement will allow for future construction of an additional section of the Farmington Valley Greenway through Avon Park South.
Dated at Avon, Connecticut this 3rd day of February, 2012.
                                Brandon L. Robertson, Town Manager”

Chairman Zacchio reported that tonight’s action is to accept the easement that follows along the Old Farms Road corridor where the old railroad tracks went as part of the Planning & Zoning application for that piece of property from 2002.  He added that as a condition of the Planning & Zoning application the property owner was to grant the Town an easement to go through that property.  He noted that this is not about putting a trail through there at this point and just accepting the easement.  He added that if that comes up that will be an issue that will go before Planning & Zoning and the application process where the public’s voices could be heard around whether or not the public thinks it is an appropriate use of the property and offer alternate ways of doing that.

Mary Jane Gately, 15 Thistle Hollow, questioned where the property is located.  Chairman Zacchio responded that it runs parallel to the Town property as it crosses the railroad bridge, it is the property on the Donnelley side where the railroad tracks used to run and this easement is granting the Town the rights to cross over that property and use it.

Oma Jean Politz, 103 Old Farms Road, asked if it is on both sides of Arch Road.  Chairman Zacchio responded no, only on the side where the railroad tracks used to be, on the north side and the Town already owns the south side.

Rob Jordan, 87 Old Farms Road, commented that since the Town owns the part he is concerned with he has no problem with the other part until a later date.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council close the public hearing at 7:35 p.m.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council approves a recreation trail easement granted to the Town of Avon by the owners of 60 Security Drive as a condition of 2002 Planning & Zoning.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

Chairman Zacchio reported that Council just accepted the easement for the piece of property behind Donnelley as the 2002 Planning and Zoning regulations stipulated and if at a future date the Town decides to try to use that property for Rails to Trails or another use it would be a matter of a Planning and Zoning issue and abutting property owners would automatically be notified by a letter.

III.      MINUTES OF PRECEDING MEETING:   December 1, 2011 Regular Meeting
                                                                                     January 5, 2012 Regular Meeting
                                                                                     February 2, 2012 Regular Meeting

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the minutes of the December 1, 2011 Regular Meeting as submitted.
Mrs. Samul, Messrs: Zacchio, Evans, and Pena voted in favor.  Mr. May abstained.

Mr. Pena commented that trying to remember what happened December 1st verbatim is not easy.  He added that Mr. Evans has alluded to this many times.  Mr. Pena questioned this whole process as well.  Chairman Zacchio responded that because of the October snow storm we had a number of meetings and all of those minutes to get through and would normally have them more timely on a monthly basis.  Mr. Evans concurred with Mr. Pena’s comments.

On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council accept the minutes of the January 5, 2012 Regular Meeting as submitted.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council accept the minutes of the February 2, 2012 Regular Meeting as amended.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

Mr. Pena clarified that the appointment made to the Avon Clean Energy Commission is with the Republican Party.  Mr. Evans noted that on page 8, in the last paragraph, it should read, “restricted covenant” and not “restricted conveyance.”  Mrs. Samul noted page 12, near the bottom of the long paragraph, the statement made by Mr. Kushner that read, “He added that in terms of cannibalizing uses from other places he would have to say something like The Shoppes at Farmington Valley had that impact and is a much larger scale project.”  She asked the Clerk to check the tape to see confirm that The Shoppes at Farmington Valley had that impact versus did not have that impact.

IV.       COMMUNICATION FROM AUDIENCE - None

V.        COMMUNICATION FROM COUNCIL

Mr. May reported that this past Saturday he and his wife went to the Avon-Canton Rotary function to benefit different organizations in the Avon-Canton area called the Tastes of the Valley.  He noted that the benefit raised $13,000 and will go to Rotary charities in the area.  He brought this to Council’s attention that we want to establish and recognize Avon and Canton businesses as we try to promote those in Avon.

Chairman Zacchio reported on an e-mail that Council received from physicians at UCONN commenting about our Police Department’s first responder abilities.  He noted that we had an incident at one of the restaurants on Route 44 with someone going into cardiac arrest and because of the life saving techniques of our first responders, Sergeant Fleming and Officer Vess, that this person was still alive and they are crediting our police department and their fast response along with the good training as something that was so important to that person’s life.  He added that he sent a note to both of the officers and also wants to publicly recognize the outstanding job that they did and the dedication that the man was able to walk out alive; very few things are more profound than that.  Chairman Zacchio asked the Town Manager to send a note of thanks and congratulations to the two officers.

VI.       OLD BUSINESS

11/12-06        FY 12/13 Budget Development

Chairman Zacchio reported that following the Town Council workshop the proposed operating budget was reduced to reflect a 2.91% increase.  He commented that tonight Council needs to either consider further changes or recommend the proposed budget to the Board of Finance.

Mr. Pena commented that it was a good budget workshop and we should move it forward to the Board of Finance.  Mr. Evans commended the Town Manager and staff for coming up with the reduction list.  He commented on the two police vehicles.  The Town Manager responded that we would deal with those through supplemental appropriations.  Mr. Evans questioned if there is anything resulting from the cuts that is going to compromise any issue of safety or welfare that will directly affect our residents.  The Town Manager responded no.  Mr. Evans commented that it is a very responsible budget and should recommend it to the Board of Finance.

Mr. May questioned that by recommending the proposed operating budget to the Board of Finance even though we did not get a chance to purview the Board of Education operating budget we can still recommend it and changes could be made by the Board of Finance.  Chairman Zacchio responded that Council has an option when the Board of Education's budget comes to Town Council to act on it or send it back to the Board of Education with comment at that time or allow it to sit and lapse and combine with it our budget and pass it forward to the Board of Finance.  He added that the Board of Finance through the public hearing process will collect comment from the public on this budget, consider whether or not they think adjustments should be made, they have the authority to make those adjustments in consultation with the Town Council and the Board of Education and through the budget workshops present a budget to the Town in finality for voting on.  He added that the Town Council’s action tonight is to combine the budgets and pass it to the Board of Finance for that process.

Mr. Evans commented that the Town Council has seen the Board of Education budget and given a summary of that budget and we in turn having reviewed it are passing it on to the Board of Finance.  Mr. Pena added that we received the Board of Education’s budget in December.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council recommends the FY 12/13 Proposed Budget of $79,174,373 to the Board of Finance, as follows:
REVENUES
                Property Tax & Assessments              $  69,231,857
                Intergovernmental                                     3,758,300
                Licenses, Fees & Permits                                 850,305
                Charges for Current Services                  4,459,898
                Other Local Revenues                             417,501        
                Other Financing Sources (Uses)                   456,512
                    TOTAL                                        $        79,174,373
EXPENDITURES
                Town Operating Budget                    $           20,120,878
School Operating Budget                           50,861,848
                Sewer Operating Budget                      1,752,526
                Capital & Debt Service Budgets:
                Debt Service                                                    4,546,338
Capital Budget (CNREF,
                Facilities & Equipment)                                 1,892,783
                Subtotal:  Capital & Debt Service                   6,439,121
                        TOTAL                                              $           79,174,373
Mrs. Samul, Messrs:  Zacchio, Evans, Pena, and May voted in favor.

11/12-37       Appointments
  • Natural Resources Commission (R – 12/31/2015)
On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Candace Gunn to the Natural Resources Commission with a term ending December 31, 2015.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

  • Zoning Board of Appeals Alternate (R – 12/31/2015)
On a motion made by Mr. May, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Stephen Vicino to the Zoning Board of Appeals as an alternate member with a term ending December 31, 2015.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

  • Avon Clean Energy Commission (D – 12/31/2013 & R – 12/31/2013)
On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council appoint Richard Kretz to the Avon Clean Energy Commission with a term ending December 31, 2013.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

VII.      NEW BUSINESS

11/12-52      Elderly Tax Relief Ordinance

Chairman Zacchio reported that Town Council Policy #17 is set at $45,000 and the benefit indexes based on the mill rate going up by the budget each year.  He noted that Council has two things to consider: 1) renew the policy as Council does every two years and 2) whether or not Council wants to change the income levels which we normally do on an annual basis.

Harry DerAsadourian, Town Assessor, reported that what is looked at to qualify someone is their income – adjusted gross income, they file a tax return plus social security.  He noted that if there is no income tax then it would be social security and any other income the applicant has and has to fall within the various categories depending on if the applicant is single or married.  He reported that once an applicant has been qualified and know what income level they fall under, we apply it to their tax bill.  He reported that there are the state benefit, the Town benefit, and the total benefit and are substantial.  Chairman Zacchio questioned if each year the budget is approved and the mill rate goes up, whether due to the budget or revaluation, that it is indexed so it stays even with their past benefit.  Mr. DerAsadourian responded yes; the Town benefit increases if the mill rate goes up.  Mr. May asked if there is any consideration to the persons net worth.  Mr. DerAsadourian responded that there is no consideration.  He reported that this is an add-on to an existing State program; the State creates the guidelines and by statute they have allowed the Town to tack on additional benefit under their framework and since the State does not look at net worth we are not looking at net worth.  Chairman Zacchio commented you can get caught up quickly on an elderly person who owns their home, who on paper has a net worth of their home but does not have the income to cover those taxes and we do not want to drive those folks out of Town so this benefit helps them stay in their homes which is a benefit to us in terms of not turning that over for homes with children.  Mr. DerAsadourian reported that the Town has the following number of participants in the state program: $0 to $16,000 – 17 participants, $32,000 to $39,000 – 28 participants, and $42,000 to $45,000 – 18 participants.  He added that there are a total of 273 participants and 186 of them qualify under the State program.  Mrs. Samul noted that represents a very small percentage in the total dwellings in this Town.

Mr. DerAsadourian reported that the total elderly benefit program is $279,000; $98,000 is reimbursed to the Town from the State and is costing the Town $181,000.  Mrs. Samul asked if there is any indication that any of the reimbursement might be done away with in the next year at the State level.  Mr. DerAsadourian responded that there is no indication of such and it is one area that the State has not touched.  He reported that the 186 applicants that fall under the State program is $134,000 and the 87 that fall into the Town over $39,500 is $46,000.  He noted that to Mr. May’s point about the high income individuals and whether they are taking advantage of the program there are not that many in the total cost for those applicants that are over $39,500 that cost the Town $46,000.  Chairman Zacchio added that it does not actually cost the Town $46,000 and it is a transfer of that tax liability from those individuals to the rest of the taxpayers.  Mr. DerAsadourian responded that the total transfer last year was $181,000.

Mr. DerAsadourian reported that this program on the 2008 Grand List had 207 participants and cost $118,000; in 2009 there were 241 participants and the total cost was $153,000.  Mrs. Samul asked if we changed our limits that year.  Mr. DerAsadourian responded yes.  Mrs. Samul commented that was a factor in that number increasing.  Mr. DerAsadourian reported that in 2010 there were 273 participants.  Chairman Zacchio commented that is most likely driven by the low interest rates.  Mr. DerAsadourian agreed.  He noted that the benefits went up approximately $25 so there will be some cost increase from that alone but also had more participants.  He reported that the participation in the various categories is going to shift year to year.

Mr. DerAsadourian reported 2011 is an estimate as the Assessor’s Office is currently taking applications for the 2011 Grand List through May 15, 2012 with tax bills coming out in July 2012.  He reported that they looked at the number of participants in 2010, determined how many participants passed away or moved.  He noted there are a number of property owners that are moving from their homes into Peachtree Village or Whispering Pines; they are selling their homes, going into rentals, and coming off the program.  He reported that they do not know how many are going to come back onto the program as new applicants but if everything stayed the same it is estimated that there will be 256 participants in 2011.  He added that he assumed the 2.5% increase in the mill rate so that increased the benefits from $15 to $25 and the program will cost $174,000.  He added that he expects more participants and the total cost to go up.  His recommendation is to leave the income levels alone for this cycle and revisit them in 2013.  He commented that typically we try to increase it because the State increases their income limits based on increases of social security.  He noted that there was no increase in social security for 2011 so the distance between the State and the Town has not changed.  He asked whether Council wants to have a lot of people on the program or provide the maximum benefit you can for the people in the lower income levels.  He noted that it has always been the idea to try and give as much as we can to those who need it the most.  He reported that you have to look at the per capita income and who makes up the difference.  He noted that the program is working, we have not had an outcry of people saying that they do not qualify; we are increasing the benefit to those who are on the program by whatever increase there is in the mill rate and seems to be working and is very appreciative from the residents as participants.  He commented that we wait until 2013 to see what happens.  Chairman Zacchio reported that we could look at it even closer because if interest rates go up they could peak just enough to lose the benefit.  Mr. DerAsadourian responded they might but at the same time Federal may increase social security as they did for 2012 so a year from now the State will increase their limits.  Chairman Zacchio asked if there is any benefit to indexing our income limit to the State plus $5,000 to $6,000 to keep pace with that or does it provide better flexibility to revisit it each year as we have done.  Mr. DerAsadourian responded that revisiting this item every year or two is the best as you can keep track of where the economy is going and maintain control on these programs.  He added that you have to look at the participation levels and the various income categories and see who needs the benefit the most.  Mrs. Samul commented that she does like the “step up” based on the increase in the taxes.  Chairman Zacchio responded that it keeps pace once someone is in the program with whatever our budget does which is important.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council extend the Town Elderly Tax Relief Program (Town Council Policy No. 17) and maintain the current income limits.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

11/12-53      Supplemental Appropriation: Sycamore Hills Buildings – Painting and
                   Repairs, $28,900

Glenn Marston, Director of Recreation and Parks, reported that during the capital project budget presentation there was work to do at Sycamore Hills.  He does not like to use current resources on these types of things early on because we do not know what we are going to find when we uncover the pool and the process with not being enough time to open the pool on time.  He added that the Town Manager asked him if we could plug these items into the budget for next year.  He commented that with the budget that he has submitted it is pretty much at the point where anything this large would probably cause programmatic reductions some place else in the budget because of the amount and not the necessity.  He reported that in three of the last five years the surpluses that the Recreation and Parks Department has turned back into the Undesignated Fund Balance in the Special Revenues account was not very good; we see signs that is changing.  He noted that the current balance is approximately $98,000 and this supplemental appropriation would bring it down to approximately $70,000 which is fairly healthy.  He commented that if you are a patron of Sycamore Hills, the $8,000 for the standard painting for the interior and the exterior is just due; there is no emergency involved with it.  He noted that the $10,000, estimated a little high, is for the block that is in the hallways and in the two shower areas; there have been problems with these areas almost since it opened.  He added that it is the point where it is functionally useful but does not look good for the quality of the building and the facility that were there and needs to be addressed by taking it down to the block and resealing it.  He reported that the handicap lift at the pool no longer meets ADA standards and given to him in time where he could not react to this with the budget.  He reported that the other items with this request are related to the pool and could probably afford to do them in the current budget but it would leave him no breathing room towards the end and may drain resources that were originally budgeted for other purposes.  He noted that his target is to get as much of this done in the spring as we can; the hallway work is weather dependent and may have to wait until the fall and will try a whole different process to see if it holds on this time.

Chairman Zacchio commented that this is all self-funded.  The Director of Recreation and Parks reported that this is self-funded surplus over a twenty-five year period.  Mr. Evans questioned the last time the acid wash and repainting of the pool was done.  The Director of Recreation and Parks responded that work was done in the spring of 2011.  He noted that it was put on a three or four year cycle.  He explained that epoxy paint is used and has a build-up value to it and the work keeps getting put off and by the time the work is done it can not be done with one coat, acid wash, and one coat; it has to be primed, clean it down and put two coats on.  He added that by doing this in a single coat it will cost less and may be able to lengthen this cycle out as the layers are put on.  He reported that the pool itself is in pretty good shape.

Mr. May asked the Director of Recreation and Parks if he has ever considered for the parts that are not so crucial to have the lifeguards paint that instead of a contractor.  The Director of Recreation and Parks responded that we have had experience with that but would not recommend it.  He noted that in this particular case it has to be started over and done by professionals.  He added that in future times, not the pool but sections of the bath house, we could probably do some of these things internally.  He commented that we used to have the pool staff paint the pool and then it took us as much time to walk around to take the blue paint off the deck of the pool.

Mr. May commented that if we get a contracted painter he wants some guarantees that we are not going to have to paint those locker rooms over and over again.  The Director of Recreation and Parks reported that the two portions of the painting are going to be handled by Public Works who are more familiar with those things, will put it out to bid, and monitor the work.

Mr. May asked why we do not apply for a waiver for the handicap pool lift like everybody else does and be granted the waiver before being told that it must be brought up to new standards.  The Director of Recreation and Parks responded that he can do that but explained that with the Virginia Graeme Baker Pool & Spa Safety Act having to do with the drains and entrapment on the drains and were told through July that multiple drain pools like ours did not qualify and we did not have to do the work and then in February they told us all pools applied and we had to buy drains and install them.  Mr. May suggested that we should ask for a waiver, especially when you have something that works.  He noted that things are thrown at us and you have to take a stand sometimes.  The Director of Recreation and Parks responded that he agrees and has a problem with this too in the way it was handled and he will make the calls.  He commented that this is going to apply to every pool facility, public and private, and we have until March 20th to comply.  He noted that we do not open until June 9th so we have time with it.

Chairman Zacchio commented, to Mr. May’s concern, that the unfunded mandates that come from the State whether it be the Board of Education’s mandates or the mandates that come to Town generally come without funding.  He added that we have to be careful on items such as ADA and access issues.  The Director of Recreation and Parks reported that with the large pool we have to provide two points of access and currently we have one which is a lift that no longer complies so we have to replace that; he has to provide another access and the same will have to be done in the tot pool.  The Town Manager reported that it is worth the discussion but it is highly unlikely that for a public facility that we would be granted a waiver.

The Director of Recreation and Parks reported that with the request being made, as each project is completed any of the surpluses will go back into the Recreation Activities Fund and not available to use for other things.  Chairman Zacchio asked the Director of Recreation and Parks to follow-up on Mr. May’s point and request and asked the Town Manager to report back to Council at a future meeting.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council hereby recommends to the Board of Finance an appropriation not to exceed $28,900.00 from Recreation Activities Fund, Other Financing Sources, Undesignated Fund Balance, Account #09-0390-43913 and to Recreation Activities Fund, Parks, Buildings, Account #09-5201-52212, for Building Painting and Repairs at Sycamore Hills.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

Mr. Pena questioned the progress with the renovation of the Avon Middle School tennis courts.  The Town Manager responded that we opened bids for the fencing portion this week.  He reported that we are on target to get it done spring or early summer.  Mr. Pena asked the Director of Recreation and Parks how we are going to market that or if there is a program that will be used.  The Director of Recreation and Parks responded that we are in the process of doing our summer program now and will have all information up within the next week or two.  He added that it is difficult to plan on using that when it is not there because he does not have a date on when it will be done.  He noted that we are planning our tennis program at the two remaining facilities; as soon as it is ready people will be using the courts.  He added that they may move things over after the renovations are done.  Mr. Pena responded that he understands that but we had donors, a grant, and Town funds and concern with it not being promoted.  The Director of Recreation and Parks commented that he does not see that happening and the real goal from the USTA is to try and get young people back into the game of tennis with a Quickstart program and use it as a teaching facility.

11/12-54        Review and Approval: 2012 Girl Scout Week Proclamation

Chairman Zacchio reported that the proclamation is to recognize 2012 Girl Scout Week.  He noted that this year the Girl Scouts are celebrating their 100th year.  He commented that they are not in attendance tonight but are having a ceremony that Mr. Pena will be attending.

On motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
WHEREAS, March 12, 2012, marks the 100th  anniversary of the Girl Scouts of the United States of America, which began in 1912 when Savannah, GA native Juliette “Daisy” Gordon Low gathered 18 girls to provide them the opportunity to develop physically, mentally, and spiritually; and,

WHEREAS, 1912 was also the year in which Girl Scouting started in the state of Connecticut; and,

WHEREAS, for 100 years, Girl Scouting has helped build millions of girls and women of courage, confidence, and character who act to make the world a better place; and,

WHEREAS, the award winning Girl Scout Leadership Program helps girls discover themselves and their values, connect with others, and take action to make the world a better place; and,

WHEREAS, through the dedication, time, and talent of volunteers of different backgrounds, abilities, and areas of expertise, Girl Scouts of Connecticut offers the Girl Scout Program to over 46,500 girls in grades K-12 across the state of Connecticut; and,

WHEREAS, the Girl Scout Gold Award, the highest honor in Girl Scouting, requires girls to make a measurable and sustainable difference in their community, assess a need and design a solution, find the resources and support to make it happen, complete the project and also inspire others to sustain it;

WHEREAS, the Gold Award honors leadership in the Girl Scout tradition, and Gold Award recipients have already changed the world as high school students;

WHEREAS, core programs around Science, Technology, Engineering and Math (STEM), environmental stewardship, healthy living, financial literacy, and global citizenship help girls develop a solid foundation in leadership; and,
WHEREAS, since its founding in 2000, the Girl Scout Research Institute has become an internationally recognized center for original research, research reviews and surveys that provide significant insights into the lives of girls; and,

WHEREAS, today, more than 50 million American women are Girl Scout alumnae, 3.3 million girls and adult volunteers are active members, and Girl Scouts is the largest member of the World Association of Girl Guides and Girl Scouts, a global movement comprised of more than 10 million girls in 145 countries worldwide; and,

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 Girl Scouts of the United States of America for their 100 years of leadership and expertise as the voice for and of girls, and, during Girl Scout Week, proudly proclaim 2012 as “Year of the Girl.”
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

11/12-55      Approval: Refund of Real Estate Taxes, $1,383.96

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council approves a real estate tax refund of $1,383.96 to Corelogic Tax Services.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

11/12-56        Administrative Services Study Committee-Charge

Chairman Zacchio reported that Council has two items to consider since the Administrative Services Study Committee charge was to initiate and engage with the various boards on the matrix study and see them through and they have completed that task and at this point what is left in that is being handled by the Superintendent of Schools and the Town Manager and their staffs: the choices are to dissolve the Committee or there has been some talk about repurposing the Committee for a different use for three-board discussion.

Mr. Evans reported that at the last two Committee meetings there was a feeling that most of the things that could be reasonably accomplished on the matrix study had already been accomplished and the Committee made considerable and significant progress in reaching its goals but that the actual term had expired for the Committee and was looking for the Town Council to make a decision on whether or not to reconstitute the Committee or to continue it or to give it a new charge.  He noted that the only person that was outspoken on it was Mr. Gugliotti who felt that at this point there was no further need for the Committee to continue but he also indicated that he would continue to participate if the Town Council wished to have it continue.  He commented that the Committee served its purpose well and not sure there is a need to continue with the Committee at its state that exists today and perhaps consider re-charging it.

Mrs. Samul commented that it seems the outstanding items that are not yet complete would be handled by the Superintendent of Schools and the Town Manager.  Chairman Zacchio reported that he was originally on the Committee and chaired when it first formed and the Town Council in its original charge was very specific and most of the times when we create a Committee it is for very specific needs.  He agreed that it is time to accept that this has been run through and the rest of the items are being handled by our professional staff and thank those who have been involved.  He noted that the Committee started with former Superintendent of Schools Dick Kiesel, former Assistant Superintendent of Schools Jody Goeler and former Board of Education Finance Director Gary Franzi, and now Superintendent of Schools Gary Mala and Mr. Evans as the recent Chair and Board of Education Member Bill Stokesbury and Board of Finance Member Tom Gugliotti and the professional staff who have been in and out of it and making sure that things have gone through.  He commented that the Committee should be dissolved, a letter of thanks sent to those who were involved, and as far as the repurposing is considered that warrants some additional discussion.

Mr. Evans reported that one of the things the Committee talked about as whether there would be some useful purpose in the Committee continuing to meet maybe once or twice a year in order to hear from the Superintendent of Schools and the Town Manager on cooperative efforts and report back to our respective boards.  He added that in looking at the proposed draft of the charge he is not sure that we do not already do these things in the course of our performance in our duties on the respective Committees.  The Town Manager reported that even if there was no vehicle for this discussion going forward these discussions would still occur and continue to be a focus for he and the Superintendent of Schools in terms of intra-departmental cooperation, inter-Town departmental cooperation, and coordinating together with respect to talking about various mandates that impact both the Town and the Board of Education.  He noted that regardless of whether there is some group of elected officials who would like to meet every six months to check-in, this is going to continue to happen and will continue to be reported up to the Boards.

Chairman Zacchio reported that no action would be taken as the Committee charge expired at the end of June 2011.  He asked the Town Manager to send letters of thanks to those individuals who were currently involved.

11/12-57        Appointment: Planning & Zoning Commission Alternate (R – 12/31/2013)

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council appoint Jenna Ryan to the Planning & Zoning Commission as an alternate member with a term ending December 31, 2013.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

11/12-58        Appointments: Natural Resources Commission (R – 12/31/2013, D – 12/31/2013)

On a motion made by Mr. May, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Wade Horsey IV to the Natural Resources Commission with a term ending December 31, 2013.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council table agenda item 11/12-58 Appointment: Natural Resources Commission (D – 12/31/2013) to the April 5, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

11/12-59        Appointment: Town Council Representative – Senior Citizens of Avon (12/31/2013)

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council table agenda item 11/12-59 Appointment: Town Council Representative – Senior Citizens of Avon (12/31/2013) to the April 5, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

11/12-60        Appointment: Building Code Board of Appeals (R – 12/31/2015)

On a motion made by Mr. May, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Robert Bullis to the Building Code Board of Appeals with a term ending December 31, 2015.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

11/12-61        Appointment: Town Council Representative – Old Farms Road Project

Chairman Zacchio reported that Bill Shea was the representative for the Old Farms Road Project from the Town Council for the last few years and has intimate knowledge of the program and what we were trying to accomplish.  He reached out to Bill Shea who is willingly to be the Town Council representative for this project.  Mrs. Samul noted that Bill Shea is very familiar with all of the participants and has a high degree of mutual respect among them and would be an excellent candidate.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council appoint William Shea as the Town Council Representative to the Old Farms Road Project for an indefinite term.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

X.      TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A:   Purchasing Update:  The Assistant Town Manager reported that there is a lot going on from now through the end of the fiscal year in terms of renewing contracts.  He noted that bids were opened for the first part of the tennis court project this week for the fencing and associated work.  He reported that we estimated the project at $25,000 and the bids came in just over $20,000 which is positive.  He reported that the Director of Public Works is getting some quotes on the resurfacing portion of the tennis court project which will be less than $20,000 and therefore not going out to bid but the paving portion will go out to bid as it will probably be closer to $50,000.  He reported that we have an RFP out for online tax payments; our current contract expired at the end of this year and there are a few tweaks to the services that were provided that our Collector of Revenue is interested in.  He noted that starting this year we were able to have taxpayers pay their December tax bills online.  The RFP will be opened and reviewed with the Town Accountant and Collector of Revenue this month.  He reported that with the grant that was approved through OPM a few months ago for LED lighting on Town Hall campus, the bid is out; of the $37,000 grant we are estimating $33,000 for the fixtures and we will be reimbursed for the Public Works staff time.

The Town Manager reported that we are working with the Board of Education to prepare bid documents for flooring at Avon Middle School and Roaring Brook School.  He commented that the schools only have a short window to get these types of projects done so the bid documents will indicate it is subject to budget approval and try to get all of this in place so that July 1st we can be ready to do the work in time for the next school year.  Chairman Zacchio questioned if we have standard language around going out with any capital improvement bid that has to be done in a specific timeframe as the schools will run into this consistently so they are free to start getting bids and things in line on items that are in capital before the budget is approved because they are going to need the time to get that setup if they are going to execute on it in the summertime.  The Town Manager responded that he would verify the language for such bid circumstances.
Chairman Zacchio reported that there have been e-mails shared around grant money for lighting at the Avon Middle School tennis courts and it would have to go before the Planning and Zoning Commission.  He questioned whether or not we would do that, does it make sense or would it be cost effective to put in conduit in preparation for that whenever lighting might be added.  He noted that we did this at Thompson Brook School because that was the designated spot to be able to light if we were ever going to light a tennis court and the conduit was there and would make it easier to do.  The Town Manager responded that it is not a significant difference in cost and the projects are mutually exclusive so the courts can be done and at some point should funding become available to do the lights; there is not a lot of money to save by putting the conduit in now.  He commented that with the tennis courts lights, ACORN has been talking with the Hoffmann Foundation who is one of the grantors that was involved in offsetting the cost of the tennis court project and through those discussions they have identified potential funding in the amount of up to $50,000 for lighting at the Avon Middle School tennis courts.  He added that they asked for a letter of interest due today to Hoffmann and the Superintendent of Schools had provided a letter which expresses some interest but it is really non-committal.  He talked to Laura Young about it and the plan is to come before Town Council at the April meeting to have a discussion.  He noted that some of the concerns that he has are that we know that $50,000 even if the total amount was approved is not enough to complete the project as the total cost could be approximately $80,000 to $100,000, we might run into planning and zoning issues for lighting that is in an area with residential homes across the street, and historically when Council has talked about lighting the emphasis has always been on Thompson Brook School with the conduit already there and is in a remote location without any houses around it.  Chairman Zacchio concluded that there is no real way to save for putting conduit in today versus if we ever decide to do it in the future.  The Town Manager agreed.

Misc. B:   Construction Update:  Diane Hornaday, Chairman, Library Building Committee reported that the library project is coming along very well and the Committee is now in the process of starting to think about when we have the Town dedication of the library.  She reported that she and the Assistant Town Manager met with trustees of the Library Board as well as their people that have been doing fundraising for them and would like to recommend to the Council the weekend of June 8th, 9th, and 10th with the Town portion taking place on Sunday, June 10th.  She commented that they are thinking in terms of having a reception event for their major donors on Friday night, then Saturday night would be others who have donated and finally Sunday would be the community event which would be the one to have Town Council members present for.  She asked Council to mark their calendars for June 10th.

Ms. Hornaday reported that the library will be open prior to the dedication.  She noted that they are opening the space between the new and the renovation and they are going to have a tour of that as a Committee on March 21st and welcomed Council to join them.  She added that financially everything is going very well and pleased with the progress of the project and the Committee.  She reported that when the project is over she will send to Council a detailed letter with how things went and some things that the Town Manager chose to do like naming the Director of Public Works to work with the Committee on this project as it was really serendipitous.  She added that the Director of Public Works has been so helpful and would recommend that we consistently have someone from Public Works - Buildings and Grounds on building committees as one of the Town liaisons because it has been extremely helpful.  Mr. Evans commented that is a great idea.  Mrs. Samul responded that is good feedback and also commended Ms. Hornaday on the job that she has done; a very fine job and it is turning into a first class facility.

The Town Manager reported on the issue of the sidewalks at the library that was talked about at the last Council meeting.  He commented on photos passed around illustrating the sidewalks when the construction project started which was a broken up bituminous overlay path.  He noted that there was discussion at the time as to whether or not to tear it up while we were going through the construction process; Planning staff was consulted and whenever the partial certificate of occupancy was applied for they had signed off and acknowledged that this walkway was going to come up as part of the project.  He reported that the issue is that whenever you look at the site plan as approved by the Planning and Zoning Commission it does show a walkway where this bituminous overlay used to be.  He noted that back in July we talked with our contractor and whenever you do this kind of project as a change order it is very expensive with a cost of $27,000 to put in a new sidewalk at this location.  He reported that we can do that for a lot less once the certificate of occupancy is issued and we can use another contractor and get it out of the project.  He commented that the best approach to take with this is to leave it as is for now and in talking with the Director of Planning, one thing that often comes up when the Town is dealing with private property owners, if there is a piece of site plan compliance that is not in place at the completion of the project for some reason they will accept and file a letter from the property owner saying that we will get to it and do it.  He reported that in this case it might be appropriate, and added that he has had this discussion with the Director of Planning who agrees with it, is to say that we will leave it as is for now, we realize that it does not reflect exactly what is on the site plan but we are going to go back and the plan will be at some point to get a new sidewalk in there.  He added that he does not have hard cost estimates right now.  He reported that one of the issues is that you have to put ADA compliance wraps on either side which could make the total cost approximately $5,000 to $6,000.

Mrs. Samul asked if there is any time parameter.  The Town Manager responded that is no defined timeframe; it is subject to availability of funds and in terms of the planning perspective it is right on the line as to whether or not this would require going back for a modification of the approved site plan from the Planning and Zoning Commission.  Mrs. Samul asked if the funding would come out of the library construction budget even though it is reduced because we are going to be doing it ourselves.  The Town Manager responded that likely what we would do with the funding is encumber a piece of it and try to hold it off on a side account so we do not have hit any other capital accounts or general fund.  Mrs. Samul asked if funding would be available.  The Town Manager responded yes.  Mrs. Samul clarified that it is not to be done when funding becomes available as previously stated.  The Town Manager responded that funding would be available assuming that there is a balance left in the project.  Mrs. Samul commented that if we allocated those dollars now when there is currently funding left because it was on the site plan, etc. the funding would be there and therefore the funding is not the question rather is it impacting the timing of the project.  The Assistant Town Manager responded that part of the rationale for not doing this work last summer was within the project before substantial completion is in place we are subject to prevailing wage and the only pricing we have is through the subcontractor who is doing the site work on the job.  He added that it was $27,000 in the project and if we were to wait until we have our substantial completion which is likely to be late March you could encumber the funds now or then, get your substantial completion signed off on by the architect and then have Public Works get quotes and do the work in the summer so it should not impact at all the project completion.  Mrs. Samul commented that we are not talking about two or five years for this sidewalk to go in but rather maybe twelve to eighteen months.  The Town Manager responded yes.  Ms. Hornaday commented that she did not recall that the sidewalks were a portion of what was presented at referendum because the design has been changed as the Planning and Zoning Commission asked them to move the book drop to the other side so initially there were no major plans on work on that side of the building and the sidewalk and what brought this to the head is the fact that now you have the other driveway for the book drop and people have noticed the sidewalks.  She added that she did not recall the sidewalk along Country Club Road as being an integral part of the library project at the time they presented it.  Mrs. Samul responded that Ms. Hornaday is right.  Ms. Hornaday added that she personally would think that it would be best to do as the Town Manager has suggested in that the Town would have assets to pay for it but it would not be using funding from the library project.  She commented that money would be available to the Town to put in the sidewalks and to use our Town staff to do the work.  Mrs. Samul commented that the problem is that the sidewalk appears on all of the plans that she has seen because it was there prior to this renovation and therefore the townspeople have the right to expect to be there after the renovation; it is ugly and heavy equipment has been driven across some of it.  She added that the sidewalk was not there for the benefit of the library rather for the benefit of the Town residents and is one segment in a potential future extension of the sidewalk to make it a more pedestrian friendly Town.  She commented that it does not matter who does the work, if Public Works is the low bidder let us have them do it.  She personally feels that it should come out of the library project budget just as the carpet circles were intended to be in the bid and Ms. Hornaday commented about those circles probably were in the bid for the carpeting but it was inadvertently omitted perhaps and so this sidewalk was perhaps inadvertently overlooked, nobody was thinking about that because you were thinking about the library building.  She added that how one goes about doing it as long as there are funds available for it and it does not take five years to do that’s good.  Chairman Zacchio commented that maybe we wrap it into the whole sidewalk study and have Susan Rietano-Davey is going to come before Council either next month or the month after around the sidewalk study that the Unplugged Learning Initiative group did regarding what their plan was and some of their findings.  Mr. Evans asked if the sidewalk is in the approved site plan.  The Town Manager responded yes.  Chairman Zacchio commented that the sidewalk was existing to bring foot traffic to the parking lot because foot traffic did not have a sidewalk to the front door and now it does so they just didn’t do that section because they are bringing foot traffic right to the intersection where cars are which is probably not a good thing.  Mrs. Samul commented that there always was a sidewalk going up to the building.

The Town Manager reported that the Avon Middle School tennis courts project will be rolling out and should be done by mid-summer.

Misc. C:  Unplugged Learning Initiative:  The Town Manager reported that Susan Rietano-Davey and this group in attendance at Council’s April or May meeting to provide an update on their activities.  He commented that over the summer they did a survey and provided the results to Council and a few weeks back some members of the group met with the Town Manager, Town Planner, Police Department and Town Engineer to talk about some ideas that they have in mind.  He added that they are very interested in enhancing walk ability and bike ability in the community.  Chairman Zacchio noted that she had a meeting with Susan after their meeting with Town staff and she presented the same thoughts.  He thinks it would be a good idea for this group to come in and share with Council what they did and what their vision was and start thinking about how that fits into the sidewalk study we have done in the past and primarily their interest is connecting the schools and if in conjunction with getting a traffic light at the corner of Route 177 and Country Club Road and connectivity to Roaring Brook School.

Misc. D:  FEMA Reimbursement Update:  The Town Manager reported that Storm Irene reimbursement process has been a lot more complicated than Storm Alfred is going to be; primarily because with Storm Irene there were a lot of very specific projects with the sewer pipe, catch basins, wash outs, and it required a lot more time and effort on the part of FEMA to vet all of that.  He reported that the bottom line is we identified seven projects and we have funding for five of them so far and checks amounting to $91,500.  He added that the other two projects should be funded but it is just a matter of time.  He reported that with Storm Alfred some of the towns have had a less than positive experience with FEMA so far, but Avon really has not fallen into that category.  He noted that with these other towns FEMA representatives would come out to their storage site and the towns would tell them how many cubic yards they have and FEMA would say no you don’t and to sign and verify that.  He commented that led to a meeting a few weeks ago with representatives from the offices of Congressmen Murphy and Larson to bring this to their attention so they could act as a conduit to FEMA to the extent that the towns need that pressure at the federal level.  He reported that at a recent Board of Education meeting the Board of Education approved a request to the Town Council for a supplemental appropriation in the amount of approximately $69,000 to reimburse the Board of Education General Fund operating budget for expenses that they incurred primarily through the operation of the emergency shelter at the Avon High School during Storm Alfred.  He has had discussions with the Superintendent of Schools regarding this and right now is holding it; FEMA treats the community as a whole and do not make distinctions between police, public works, and schools so the expenditures that the Board of Education incurred are in the queue along with everything else and will be submitted accordingly.  He noted that Council may be seeing this at some point in the future towards the end of the fiscal year as a potential supplemental appropriation but for now it makes sense to hold it off.  Mr. Evans asked if that figure represents the full amount of the Board of Education’s supplemental request or is that 75%.  The Town Manager responded that is 100%.  Mr. Evans commented that the Town would be eligible for 75% of that.  The Town Manager commented that the question would be at some point would you either reimburse them for the full amount of what is being asked or for 25% of it.  Mrs. Samul commented that we were very close to the maximum to take out of reserves at 4% of our budget for this project.  She asked if we are desperately close with 25% of the $69,000.  The Town Manager responded that the storm expenses are coming out of the current year operating budget; on the Town side we are actively managing the current year operating budget through management create capacity because we know that we have a $2 million bogey out there.  Chairman Zacchio commented to Mrs. Samul’s point is that a cumulative figure or is that a one-time event figure.  The Town Manager responded that is a one-time event figure.  Chairman Zacchio commented that we could go beyond that figure, just not for that one event.  The Town Manager responded that we would be desperately close if it was coming out of General Fund fund balance, out of Reserves, but it is coming out of appropriated operating budget.  Mrs. Samul asked if at some point we will have to tap into Reserves and if we will be able to absorb the whole thing.  The Town Manager responded no but we have had a really great winter and there are other things that we are doing in the budget to manage it and revenues are ahead of expectations so it is all a moving target but his goal is not to drive out anything on fund balance.  Mrs. Samul asked how we made out with the second measuring of the debris because FEMA wanted us to now measure it based as chips.  The Town Manager responded that we are still negotiating that and we are not going to lose ground; the issue is that we have the load tickets to prove what we had.

Misc. E:  Council of Small Towns (COST):  The Town Manager reported that the Town pays approximately $1,500 per year to be a member of this organization.  It is a good organization; they represent towns with a population of up to 25,000; they had their annual town meeting last week where they adopt their legislative platform for the session.  He would suggest that COST is really the most closely aligned with Avon’s needs because it is focused on smaller communities and that is why you are seeing the emphasis on ECS-funding and modifying the minimum budget requirements.  He added that they are looking at the ability to pay statute as it is constructed now and that is really important whenever you go to arbitration as one of the factors in the ability to pay statute is the percentage of Undesignated General Fund fund balance and what COST is proposing is that is a misunderstanding of the purpose for fund balance and should be struck from the statute and not one of the factors.  Mr. Pena added that is also something on the Governor’s agenda as well as funding of magnet schools, CHOICE, and charter schools.

Misc. F:  State Owned Land Parcel on Route 44:  The Town Manager reported that the Town received a letter from the State requesting our interest in purchasing a small sliver of property on Route 44 in front of Nod Brook Mall.  He had the Town Planner take a look at it and we really have no interest in purchasing this property but by statute the State of Connecticut has to advise the municipality that they have had request from another party to purchase the property, in this case a fixed price of $46,000 and they are giving the Town the right of first refusal but there is no negotiation on the price.  He commented that the Town Planner states we have no interest in acquiring this property but back in the late 1990s there was a CRCOG study that envisioned a landscaped median running from the base of Avon Mountain all the way into Canton; it has been one of these long range visions to at some point connect the base of Avon Mountain with the median at the Shoppes of Farmington Valley in Canton.  He noted that the Town Planner’s concern is that while we have no interest in this piece of property what we do want to ask the State to do before they convey it is to give us some feedback as to what if any impact conveying this property would have on the future of the median.  Mrs. Samul commented that the purpose of the median is to slow traffic coming down Route 44 and make it safer, they have done that in West Hartford, and that is the ultimate reason for it and not just cosmetics.  She added that the original study was with the street being so wide and should not theoretically impact the ability to put the grass median in by conveying this property.  The Town Manager responded that it is probably an issue of capacity and there is no discussion about moving the road.  He commented that he wanted Council to have a clear representation of what the property is and make sure you are comfortable with saying thanks but no thanks and along with that having a letter sent to CT DOT saying that we want them to keep in mind that this in no way inhibit our ability to do something in the future.  Mr. Pena commented that the median concept is a matter of funding.

The Town Manager reported that we recently received a letter from a resident with concerns on speeding and he asked the Chief of Police to provide a report that talks about where the targeted areas for speeding enforcement are, how often they are being enforced, and the incidents and violations and is enclosed in Council’s folders for their review.

IX.      EXECUTIVE SESSION: Pending Claim / Litigation – Tree Cutting on Public  
           Property / Collective Bargaining

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 9:30 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.
The Town Manager, Assistant Town Manager, Town Attorney, and Clerk attended the session.

At the conclusion of the discussion regarding collective bargaining, Mrs. Samul recued herself due to a conflict of interest regarding pending claims/litigation.

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 10:10 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

XI.      ADJOURN

The meeting was adjourned at 10:10 p.m.
        
Attest:  


Caroline B. LaMonica
Clerk