AVON TOWN COUNCIL
MEETING MINUTES
October 4, 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
The Public Hearing was called to order at 7:30 p.m. by Chairman Zacchio.
On a motion made by Mr. Pena, seconded by Mrs. Samul it was voted:
RESOLVED: That the Town Council waive the reading of the Public Hearing Notice.
Mrs. Samul and Messrs: Zacchio, Evans, Pena and May voted in favor.
TOWN OF AVON
LEGAL NOTICE
NOTICE OF A PUBLIC HEARING
Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, October 4, 2012, at 7:30 p.m. at the Avon Town Hall, Selectman’s Chamber, 60 West Main Street, Avon, CT to consider the following:
1. To consider and permit all interested persons to speak on the plan of the Town Council to amend the Retirement Plan for Police Officers, Non-Organized Employees, Public Works Employees and Dispatchers of the Town of Avon to include HEART Act Provisions, as defined in the Town of Avon, Connecticut Code of Ordinances. These provisions apply to participants who enter military service, and are required by law.
2. To consider and permit all interested persons to speak on the plan of the Town Council to amend the Retirement Plan for the Board of Education of the Town of Avon to include HEART Act Provisions, as defined in the Town of Avon, Connecticut Code of Ordinances. These provisions apply to participants who enter military service, and are required by law.
3. To consider and permit all interested persons to speak on the plan of the Town Council to amend the Town of Avon 401(a) Government Money Purchase Plan A.N. 109844, and 401(a) Prototype Money Purchase Plan A.N. 109284 as well as 457 Deferred Compensation Plan A.N. 302055 to include HEART Act Provisions and all associated amendments, as defined in the Town of Avon, Connecticut Code of Ordinances. These provisions apply to participants who enter military service, and are required by law.
4. To consider and permit all interested persons to speak on the plan of the Town Council to amend the Town of Avon 401(a) Government Money Purchase Plan (A.N. 109844) applicable to Police IBPO Union Members, as defined in the Town of Avon, Connecticut Code of Ordinances. The amendment increases Town and participant contributions in accordance with negotiated contractual changes and revises Plan vesting provisions.
5. To consider and permit all interested persons to speak on the modifications of Veterans Taxation permitted under G.S. 12-81f, for veterans who meet qualifying limitations, as defined in the Town of Avon, Connecticut Code of Ordinances.
6. To consider and permit all persons to speak on the adoption of an Ordinance concerning Illegal Discharge and Illicit Connection to Storm Water Drainage System.
Copies of the proposed amendments are on file in the Avon Town Clerk’s Office and open to the public for inspection during normal business hours.
Dated at Avon, Connecticut this 17th day of September, 2012.
Brandon L. Robertson
Town Manager”
12/13-07 Code of Ordinances, Chapter 2 Section 21 (b) (1), (2) & (4)
Mrs. Samul reported that the Board of Education maintains one Defined Benefit Program which is still open. Her concern is that everyone that would have an interest in any of these is here and that anyone else who will be affected has not been notified. The Town Attorney responded that is a legitimate concern. He added that the amendments to items (3) and (5) are simply having the Ordinance reflect obligations and changes that the Town has already agreed to in the Plans themselves. Mrs. Samul questioned if the members have already agreed to them. The Town Attorney responded yes so he does not think that anybody would be disadvantaged by this. He added that Mrs. Samul is correct in that the changes to items (3) and (5) arguably were not properly noticed. The Town Manager clarified
that they were not properly noticed on the agenda but the Public Hearing was properly noticed.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council amend the agenda under Item 12/13-07 to include (1), (2), (3), (4), and (5) of (b) in Section 21 of Chapter 2.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.
Mr. Evans clarified whether the twenty-one days is triggered after the publication of the notice or after the vote. The Town Attorney responded after the publication. The Clerk reported that we are never sure when the newspaper is going to run the notice so we wait to put those dates in.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council close the public hearing at 7:45 p.m.
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 adopt the following Items 1, 2, 3, 4 & 5 as follows:
(1) Retirement plan for police, non-organized employees, public works employees, and dispatchers of the Town, as amended and restated effective January 1, 2002, as further amended effective as of January 1, 2004, January 1, 2007 and January 1, 2008 and as further amended through October 31, 2012.
(2) Retirement plan for Board of Education of the Town, as amended and restated effective January 1, 2006, and as further amended as of January 1, 2008, and as further amended through October 31, 2012.
(3) Town of Avon 401(a) Prototype Money Purchase Plan (A.N. 109284, dated June 15, 1995, as amended through October 31, 2021.
(4) Town of Avon 401(a) Government Money Purchase Plan (A.N. 109844), as amended through July 1, 2003, and as further amended through October 31, 2012.
(5) Town of Avon 457 Deferred Compensation Plan (A.N. 302055), as amended effective as of January 2, 2002, and as further amended through October 31, 2012.
Mrs. Samul, Messrs: Zacchio, Pena Evans and May voted in favor.
12/13-08 Code of Ordinances-Chapter 55 Section 32 (b) Veterans
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council open the Public Hearing regarding Veterans at 7:45 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.
Chairman Zacchio reported that we currently have a program in place that recognizes a Federal Statute and a Connecticut General Statute that recognizes a severely disabled veteran with a partial tax exemption from their residence in the Town of Avon for improvements made to their home to make it accessible for their disability. He added that since the time that Council set forth that Ordinance in the early 1980s the Statutes have changed such that we cannot have an Ordinance that only allows for a partial exemption and either has to have a full exemption for property taxes or we cannot have an Ordinance at all. He added that the questions before us are whether or not we want to keep the Ordinance or repeal it and if we keep it, amend it to be in concert with the State Statute which allows for 100% tax
remediation for a veteran who qualifies under the Federal program.
Barbara Zuras, 428 Deercliff Road, commented that she does hope the Town Council amends the local Ordinance and makes it consistent with State law so we can give our veterans under those set of circumstances in Avon.
Mr. Evans commented on federal code, Section 38 USC, which seems to suggest that if you are qualified under that section for benefits as a veteran then that would be the defining criteria for qualification for the tax exemption under the Ordinance which is proposed. He questioned if the disability has to be caused in connection with some service in the Armed Forces. Mr. May commented that a lot of times you will see, for example, the injury occurred in the war zone. Mr. Evans added any form of active duty as we are dealing with people in very unfortunate circumstances and his heart goes out to anybody who suffers injuries of the kind listed. He commented that if it is unrelated to their service as a veteran than he is not sure that he would feel the same about it. The Town Attorney commented
that these are military related disabilities and the Ordinance says that a qualifying disabled veteran who has received financial assistance and must meet the requirements of this Federal Statute. Mr. Evans commented if that is the understanding than he fully supports passing this Ordinance. Chairman Zacchio reported that it appears that to qualify it had to be during active duty but it does not specify what type of active duty. Mr. May asked if we have anybody in Town right now that is taking advantage of the current veterans’ program. The Town Assessor responded no. Mr. May commented that we had one young man at the last Council meeting that was intending to move to Avon. He asked if we have any data on any other towns where it may attract veterans. The Town Assessor responded that he cannot say that it would attract; the young man is interested in moving to Avon for a specific reason. He added that there are three other towns
in Connecticut that have the program: Marlborough, Hebron, and East Hampton. Mr. May responded if we have the number of people in those towns. The Town Assessor responded that Marlborough had two participants on the 2009 Grand List, Hebron had one participant, and East Hampton had zero participants. He added that it is a very restrictive program in that the VA has to deem you severely disabled and that the improvements to the home are one that you are given this allocation of funds and that these monies are used to make improvements and that the VA certifies that the improvements meet their criteria so the monies are released unlike a veteran who sustains an injury, partial disability or 100% disability for hearing or sight they are entitled simply by filing a DD214 in the Town Clerk’s Office for a $3,000 or $6,000 exemption. He commented that the question on whether this would have to be during the war time, it would have to be a disability recognized
by the VA during active duty.
On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council close the Public Hearing at 7:55 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans and May voted in favor.
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council adopt the following change to Sec. 55.32 - Veterans:
(b) The Town hereby authorizes a property-tax exemption for the residence, including the dwelling house and lot upon which the house is erected, of a qualifying disabled veteran who has received financial assistance for special housing under the provisions of Section 801 of Title 38 of the United States Code. Such exemption shall be subject to the conditions and qualification requirements of Title 38 of the United States Code and General Statues § 12-81(21)(C).
Mrs. Samul, Messrs: Zacchio, Pena, Evans and May voted in favor.
The Town Attorney commented that with regards to the veterans’ Ordinance the underlying Federal Statute says the Secretary is authorized to assist any veteran who is entitled to compensation under Chapter 11 of this Title for permanent or total service connected disability. He added that disability compensation is a benefit paid to a veteran because of injuries or diseases that happened while on active duty or were made worse by active military service and also pays certain veterans disabled from VA health care.
12/13-09 Chapter 18 Illegal Discharge and Illicit Connection to Stormwater Drainage
Systems
On a motion made by Mr. Pena, seconded by Mr. Evan, it was voted:
RESOLVED: That the Town Council open the Public Hearing regarding Illegal Discharge and Illicit Connection to Stormwater Drainage Systems at 7:55 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans and May voted in favor.
Chairman Zacchio reported that this gives us an Ordinance and authority if in the case we find there is illicit hook-ups to stormwater drainage systems that we have authority to act on it as today we do not have that authority. The Town Manager reported that we have the MS-4 Permit from the DEEP and the Town is going to be re-filing for the MS-4 Stormwater Discharge Permit and DEEP has strongly recommended that communities have some kind of enforcement mechanism in place and there is really no other way to do that other than through an Ordinance.
Mr. Evans questioned if the proposed Ordinance, which is pretty detailed, is modeled after another town’s Ordinance or whether DEEP provided recommended language for us. The Town Manager responded that the way we got to this point is that there are other communities that have adopted an Ordinance and Andrew Lord from Murtha Cullina who deals with a lot of the environmental regulatory issues developed this Ordinance as a boiler plate and it was reviewed by key staff that have a role to play in this in Public Works, Engineering, and Inland Wetlands. Mr. Evans commented that it was well done and he supports the Ordinance.
Mr. May questioned who is going to be in charge, as the authorized enforcement agency, to enforce this. The Town Manager responded that the authorized enforcement agency is the Director of Public Works because he is ultimately responsible for filing that permit with DEEP; the appeals body internally within the Town structure is the Inland Wetlands Commission. He added that if somebody is unhappy with the determination of a fine that is imposed by the Director of Public Works then there is an appeals process built into the Ordinance. Mr. May asked if the Director of Public Works is going to send out a group of people to determine compliance; is there a plan in place? The Town Manager responded that if there were a widespread issue with these types of discharges we would know about that already; we
do not think that there is and this is just in the event that we do come across something that we have the ability to enforce it formally if a more voluntary approach is not complied with. Mr. May commented on an item in the Ordinance that states anyone owning property which a water course passes has to maintain that part of the water course. Mr. May added that we just had a storm last year about this time that dumped all of these trees over much of these streams. He asked if the land owner is responsible for cleaning up those trees in the waterway. The Town Manager responded no, that the purpose of the Ordinance is pollutants. As an example, a property owner’s adjacent tree that fell into the river and the obstruction caused a back-up, he does not think that this Ordinance is intended to address that kind of situation; this is about pollutants. Mr. May questioned if the land owner has to go out and patrol his water course and take any
garbage out of the water; it is written so one might interpret it that way. He agrees that we should have an Ordinance like this but some of the language can be taken a few different ways.
Chairman Zacchio questioned from a practical matter is that something that we would police in this. He added to Mr. May’s point if it is written in that much of a detail is there potential for that to take place? The Town Manager responded that it is not the intent; the intent is in this instance is, for example, someone is dumping used motor oil into the river that is where this would be applied. He reported that we could take a look at it and assure that there are no unintended consequences. Mr. Evans commented that he had similar concern and saw that there is a large section on exemptions and the last part of the exemption section it seems to exclude from the purview of this Ordinance “any other water source not containing pollutants” and seems pretty broad to him, sort of a
catch all. Mr. Evans commented that exemption protects a lot of people from the unintended consequences that the Ordinance is suggesting. Mr. May commented that there are high tech features to monitor for the flow that goes through the wastewater and asked the cost to the Town of doing something like this. He added that the intent for the most part is that everyone tries to keep things out of storm sewers and does not see too many people abusing things. He commented that anything can be considered pollutant. His main concern is that the Ordinance is too detailed and people could get around details. Mr. Pena questioned if we will actually post a sign at the Landfill that it is illegal to dump motor oil in the stormwater drainage in the event that someone does not want to pay the fee and they take it away, we have no way of knowing what they do with it. The Town Manager responded that we certainly could. He commented that what we do not
want them to do is be turned away and then go to the nearest catch basin and dump it in. He commented that if you look at the new catch basins that we have been installing there is a medallion that mentions something about no illegal discharge. Mr. Pena added that it might also make it a little bit easier for the Landfill employees since they can reference the Ordinance. The Town Manager commented that it is actually part of the permit now. Mrs. Samul commented that you cannot legislate ethics.
Mrs. Samul questioned if water course protection would already be covered under Inland Wetlands. The Town Attorney responded that he did not know but would doubt that this is covered by your existing regulations. He added that when Murtha Cullina talked about this Ordinance his first reaction was that it was long but it is the model that the State provides and recommends and also talked about whether we should do it as a regulation and could but regulations are published in your Code of Ordinances as well so they would like to save any paper and cost so ultimately it was decided to leave it as it was, however there are in all likelihood provisions and perhaps including this one that do not have to be in an Ordinance or a regulation to meet a minimum requirement of the State Statutes. He commented that if
Council has serious concerns about this and other provisions Murtha Cullina can go back and make a determination as to whether or not they could be part of the Ordinance or turn it into a regulation. Mrs. Samul commented that she did not think the intent of this is the situation that she is going to describe but thinks it could be interpreted this way; there is some wetlands behind her home with an intermittent flow and Inland Wetlands will not let her dump anything back there. She added that if this is pertaining to the Farmington River, she does not know whether Inland Wetlands would or not. The Town Attorney responded that there is one distinction, let’s assume that State law or Town ordinances and regulations prevents you from placing things back there this also would impose upon you a requirement to keep the property free of those things so you would arguably have a duty to take stuff out of there that you had no responsibility for. Mrs. Samul
commented that nature invariably will fill wetlands on its own so this seems to her that she has to remove the natural vegetation each year to maintain it.
Mr. May asked if we adopt an Ordinance, how often can it be amended? The Town Attorney responded that you can amend or delete it at anytime.
On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council close the Public Hearing at 8:10 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans and May voted in favor.
Chairman Zacchio reported that the intent of this to give us some authority over people who we deem have intent to drop illicit waters into the storm drainage system. He added that the comments are all good ones. He asked the Town Manager if there is a way for us to go back and re-word so that we are more comfortable or is the Council comfortable in that fully the intent of this and the policing of it are probably two separate things but our ability to go back and amend this or repeal it completely is at our discretion, from an agenda item is it worth going through a document and trying to re-word it such that we will be comfortable with every word versus the intent is to protect stormwater drainage system and give us the authority for those who are obviously abusing it. He noted that the intent is not
to look for people who are not cleaning brush out of their wetlands, although it is a good point, and in the written word you can do that but he does not think the intent is there. Mr. Pena asked the Town Attorney if he feels comfortable in what we have talked about versus what we have written. The Town Attorney responded that he understands the concern that Mrs. Samul has addressed. He does not think that there is any hurry to adopt this so if you want to table it and he can talk to Andrew Lord more and specifically talk about whether we can modify it in a way that it does not appear to be punitive and there may be other sections that have gray issues as well and still meet the requirements of State law. Mr. Evans commented that Mrs. Samul and Mr. May’s concerns are points well taken and would be inclined to table this and seek further revision.
On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council table item 12/13-09 Chapter 18 Illegal Discharge and Illicit Connection to Stormwater Drainage Systems for further clarification of the proposed Ordinance.
Mrs. Samul, Messrs: Zacchio, Pena, Evans and May voted in favor.
Chairman Zacchio told the Town Attorney that there is no hurry to do it but he would expect to receive it before the end of the calendar year.
III. MINUTES OF PRECEDING MEETING: September 6, 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 September 6, 2012 Regular Meeting as submitted.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.
Mr. Pena commented that he does understand why we do have lengthy minutes like this but trying to remember exactly what we said and approve them could come back on us. He added that they are a little bit more in detail but maybe we should go a different type of reporting of our minutes. Chairman Zacchio responded that it is under advisement.
IV. COMMUNICATION FROM AUDIENCE: None
V. COMMUNICATION FROM COUNCIL
Mr. May reported that Avon Day was a great success. Mrs. Samul concurred.
Mr. Evans commented on the recent news we learned about the Town’s rating agencies, both Moody’s and Standard and Poors, giving the Town a AAA/Aaa bond rating. He added that this is in connection with our upcoming bond sale and the Council should recognize that as good news and should also thank our Town Manager and his entire staff that made that happen and continue to run our Town in a very fiscally conservative manner so that we get that rating. He noted that we have had AAA/Aaa bond rating for a number of years in this Town; it is an important thing and it allows us to have really low cost borrowing on our bonds. He added that under the leadership of Chairman Zacchio together the way we approach budgeting every year and look at capital, all of those things go into the end result and it is
a good thing for the Town. Mr. Pena agreed with Mr. Evans and noted the savings that was shared by the Town Manager had we not been AAA/Aaa.
Mr. Pena concurred with Avon Day as well; a very good selection of the Citizen of the Year, Diane Hornaday.
Chairman Zacchio recognized, with regards to the AAA/Aaa bond rating, not just the Town staff but the Board of Education staff because it is the biggest fiscal entity of the Town. He noted that the questions this time around with both rating agencies tended to go in the direction of how well we cooperated with the Board of Education and we worked together, especially on the Revolving Fund dissolution and how that process went, they asked specific questions about that. He added that they also asked specific questions about our policy around fund balance and without the Board of Education’s input to that the fund balance is not necessarily going in the right direction as fast as we like to see it go. He noted that the Board of Education has done a lot of work around the new financial system which
helps a tremendous amount when the rating agencies are here and see how the Town does that as a collective unit and the Board of Finance who have been supporting the supplemental appropriations when we need them to the extent that we have asked. He commented that all the way around it is a group effort to get that type of recognition and keep that AAA/Aaa bond rating which gets a little tougher each year.
VI. OLD BUSINESS
11/12-81 Energy Plan
Chairman Zacchio commented that we had the Energy Plan before us in the past, there have been small change made to it, we asked Mr. Zahren and the team to go before the Board of Education as a big part of the Energy Plan relates to Board of Education buildings and facilities and they have done that and received a lot of feedback in terms of what we can do. He noted that he has looked at this Plan much like our Recreation and Park Plan, our Paving Management Plan, or Capital Improvement Program Plans, this is another item in our portfolio that we can go to and consider budgeting for whether through operating budget or capital budget or grants. He added that it also gives us a lot of good ideas. He noted that one of the charges of the Avon Clean Energy Commission originally was to help us develop and put
forward a Plan that we can use and act on as well as interact with our Town and Town boards when we have purchases or recreational park changes, an example is lights coming up before us for the Avon Middle School tennis courts which would be a great thing to be able to put there.
Mr. May questioned that in this Plan it includes going to 15% green energy by 2015 and 20% by 2020. Mr. Zahren responded no, the first goal was a 15% reduction in energy use. He noted that in large part due to the foresight of Superintendent Gary Mala and Peter Gaski they undertook this very dynamic modification of behavior, they did not spend one dime on new light bulbs or anything, no capital expenditures; they simply went around and told everyone to turn off your lights and computers when you go home. He added that one of the most dramatic things was running summer school in one school and saved an immense amount of money this past summer. He reported that the Board of Education has validated so far, and not even a year old yet, that they are running at least a $300,000 per year savings in total
energy. He added that we are well ahead of a schedule for 2015 to break this goal of a 15% net reduction.
Mr. Zahren reported that there are many ways to do this, along with new initiatives, and the State is very interested in this. He added that there are grants related to energy available to the Town, as well as long-term financing from the Clean Energy Finance and Investment Authority (formerly the Clean Energy Fund). He reported that the next phase is the tough one, the second piece which is a 20% reduction in our total footprint by 2020; that involves both energy savings which we are already doing and doing well as well as improvements in not just the efficiency of systems that we may put in but alternatives to the worst of the fossil fuels which for our purposes is any coal-based electric generation or more particular to our Town use might be the use of oil for heating, gas and diesel for vehicles, etc.
He noted that these areas will be tougher to meet and the 2020 goal will be tougher to meet but he thinks if Council adopts an aggressive attitude about this, there are some really great opportunities coming both in technology and in availability of capital. He reported that if it is not practical to buy something with Town budget money such as a solar installation, for example that there is private capital that will come put it in for you and that needs to be explored. He noted that the message from the Board of Education back to the Town Council was to give them the money and then they will put the panels on. He commented that the Commission’s recommendation to the Council is that you look at putting out an RFP to have someone else supply you with that on a performance based power purchase agreement.
Mr. May questioned who determines the percentage you want to reduce the power usage in this Town by; is it arbitrary or State number to shoot for. Mr. Zahren responded no; we are participating in the Clean Communities Program and are buying the removable energy certificates to meet the 20% and now 30% of our total consumption. He noted that we are really paying to brag that we paid through wind power from some upstate New York wind farm and offset it against our total use of power. He wants to see us actually produce the power in this Town and that does not mean it has to be from solar; it has to be something that is more efficient, more cost effective and less polluting. He noted that his number one candidate is not what is considered a renewable fuel but natural gas; there are plenty of
opportunities including one coming soon in many technologies to convert some of our heavy vehicles to running on compressed natural gas and the price differential between the BTU value of natural gas today and oil is dramatic. He added that what is developing through Capitol Region Council of Governments (CRCOG) is an initiative for the thirty or forty towns that participate to come up with common goals and objectives. He noted that there was nothing that said 15% was the right number, the Commission worked through that themselves and brought it Council. He added that the 20% by 2020 was a general standard that a lot of states and municipalities are buying into although no one quite knows where we are going; it is more difficult to meet but there are a lot of ways to do it. Mr. May commented that he is glad that we are considering natural gas; it could be on this election coming up that you may find that suddenly natural gas will drop and become much more
appealing than solar or wind. Mr. Zahren responded that it already has; we are never going to affect the world price of oil but gas is different, it has to go through a pipeline and it is regional.
Mr. Zahren commented that there is $15 million available right now in what they have deemed as a micro-grid design feasibility and possible construction sequence; it is in large response to the unreliability of our central grid, our transmission lines, and various things that can go wrong and leave thousands of people without power. He noted that this is meant to be a local generating plant and it can be anything very small like fuel cells to something larger like a co-generation natural gas fired unit that produces both electricity and heat for both heating and cooling. We have a golden opportunity with this new Town Center that is being proposed with green building type of scenario but it has been proven that the communities that do so have a premium value in the long run; they attract tenants and businesses
that want this type of thing versus feeling it is an extra cost burden because the energy security of your own internal supply and back up is dramatic; what this allows you to do is to put in a central small generating plant and hook it to your police station, fire station, or key building or a few schools for emergency housing, and perhaps a gas station. He noted that Mr. Kennedy has been researching this; there is a timeline that does require some response and the Commission is willing to help but we need the Council to say that they might be interested in pursuing it. He added that this is their number one item, a now opportunity that should be explored.
Mr. Kennedy reported that the concept is to designate a certain area to be this smaller grid that you put in controlled technology so that the moment that the larger grid goes down immediately this is isolated, you operate at your own island and can support all of these systems that are critical in any kind of emergency; you can also operate in the summertime perhaps at a higher capacity than you need and feed it out to the larger grid and earn additional revenue by paying into what they call the demand response program. He noted that typically large industries participate by shutting their operations down because they do not have something like this available but in the very near future as there are three towns currently already looking at this in Connecticut; there will be these small generators which will ramp up
capacity and generate more money for the owners in those systems. He reported that there are ways to finance this; it is a power purchase agreement with no capital outlay. He reported that Windsor has a 600-acre project that they are looking at; Ansonia and Stamford are also looking at projects like this. Mrs. Samul questioned what kind of a site does that need. Mr. Kennedy responded that the footprint is very small; the micro turbines are the size of a classic-size refrigerator and link as many together as you want. Mrs. Samul questioned the exposure to solar. Mr. Kennedy responded that it is like anything that runs on natural gas; could you have a fuel cell or a solar panel farm, yes; but the most reliable sources are tried and true things like fuel cells so a very small footprint with very little clearance. He noted that the factories that he works with have them right next to the building with just enough clearance to work around and do
maintenance. Chairman Zacchio commented that he likes the concept; it is an interesting way to think through it. He questioned how we engage with a potential Town Center developer to take it to the next step, is it through Planning and Zoning to have a voice at their table when they are going through the planning cycle to suggest these kinds of things to encourage it from the Town’s perspective. Mr. Zahren responded it is both and has discussed it very briefly with the Director of Planning and Community Development and he was very excited about it but also very cautious that you do not want to come off as if you are trying to impose extra costs on a development. He added that the dialogue has to be along the lines that it is a proven fact that people who build energy efficient communities get better long-term values out of their property. Mrs. Samul commented that the 600-acre site has a lot of energy drive in that area which is different from
the small, mixed-use that they are talking about for Avon Center. She could see where a data storage facility would want an emergency back-up and be willing to pay for it more than a homeowner who says they will just get a generator and use it when I need it. Mr. Zahren commented that it is not just back-up, it is also feasible that these buildings could be powered by that same unit at a greatly reduced cost to what you are paying now. He added that if we want to look at it we should act and have a preliminary discussion with Ensign Bickford and also at least throw our name into the pool for this bid process with the State DEEP. Mr. Kennedy reported that the State DEEP started a $15 million PILOT program. Chairman Zacchio asked the Town Manager to partner with the Clean Energy Commission and learn more about it, there is a lot of enthusiasm about it, and put together a compelling story and argument around why that is a good thing, as the Town then we
can have discussions with those potential builders. Mr. Zahren commented that it is a very open book item at this point. Chairman Zacchio asked the Town Manager to add this item under the Town Manager’s Report on an ongoing basis, getting updates and think through how that is going to work. Mr. Pena commented on the November 12th deadline. Mr. Kennedy responded that is the first round RFP that have asked any towns that are interested to submit a rough 40,000 view concept sketch of what they want; we do not necessarily need to do that in his opinion because this development is a little further down the road than next year. He added that it might be a good idea for us if we are interested to start a dialogue with the DEEP as he cannot imagine that there are very many communities that are actually looking at this. He doubts the deadline date is a realistic goal for Avon but we should follow the process that they are going through.
Mrs. Samul reported that following her thought process of the type of entity that this would benefit more than residential, etc., she questioned if this is something that perhaps in stages we could incorporate our office complex across the street because she could see them being major energy users more than the apartment building that is going to be built. Mr. Zahren responded yes, that is very open book as far as we know; they are sighting the need for critical power in emergencies such as the police station, for example, but they do not appear to limit you to hooking up any other major user of power. He added that part of this money would be for putting secure underground lines to certain facilities so that you are not subject to the trees full of leaves and snows laying on them for a week and a
half.
Mr. May questioned if there is another town or business that does this currently. Mr. Kennedy responded that there are quite a few industrial sites; anybody who is using a lot of energy, like UCONN that has co-generation, there is a factory in Bristol, and hotels are another example. Mr. May questioned if there is a cost associated with those businesses or savings that they have versus using the regular power grid. Mr. Zahren responded that it is a matter of how you structure it.
Mr. Evans reported that this is a very comprehensive Plan and one that we will be proud of and he commended the entire Commission for all of their work. He questioned that the implementation is going to be subject to available funding. He does not want anyone to come away that we passed this Plan and that it is a commitment by the Council in any specific way to fund any of these initiatives, rather a commitment for green energy amongst the Council but again we struggle with our budget every year. He added that we hope to get to the 20% by 2020 and if it is feasible economically we will consider it and do it, if we cannot we will be hindered by economic forces beyond our control. Mr. Zahren noted that the Commission has formed another sub-committee to look into all of the various forms of available
financing from grants and loans to private capital and the model is changing. Chairman Zacchio commented that any project that comes before us goes through that cycle and sometimes has to be looked at as an investment.
On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council approve the “Avon’s Comprehensive Energy Plan” as prepared by the Avon Clean Energy Commission.
Mrs. Samul, Messrs: Zacchio, Pena, Evans and May voted in favor.
12/13-06 FY 13/14 Budget: Approve Capital Budget Review Schedule
Chairman Zacchio reported that he will have a conflict on December 6th but recommended that Council keep the date.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the following FY 13/14 Capital Improvement Budget schedule as follows:
Thursday, November 1st Regular Town Council Meeting (7:00 p.m.)
7:00 p.m. Board of Education
7:30 p.m. General Government
Tuesday, November 13th Special Town Council Meeting (7:00 p.m.)
7:00 p.m. Recreation and Parks
7:30 p.m. Fire Department
Thursday, December 6th Regular Town Council Meeting (7:00 p.m.)
7:00 p.m. Secret Lake Association
7:30 p.m. Engineering
8:00 p.m. Public Works
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.
VII. NEW BUSINESS
12/13-12 Approve 2013 Meeting Schedule
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council adopt the following schedule of meetings in accordance with P.A. 723 of the 1967 Session of the Connecticut General Assembly, the following list of scheduled meetings for 2013 and January 2014:
Thursday, January 3, 2013 7:30 p.m. – Town Hall
Thursday, February 7, 2013 7:30 p.m. – Town Hall
Thursday, March 7, 2013 7:30 p.m. – Town Hall
Thursday, April 4, 2013 7:30 p.m. – Town Hall
Thursday, May 2, 2013 7:30 p.m. – Town Hall
Monday, May 6, 2013 7:00 p.m. – AVON SENIOR CENTER
ANNUAL BUDGET MEETING
Thursday, June 6, 2013 7:30 p.m. – Town Hall
Thursday, July 11, 2013 7:30 p.m. – Town Hall
Thursday, August 8, 2013 7:30 p.m. – Town Hall
Thursday, September 12, 2013 7:30 p.m. – Town Hall
Thursday, October 3, 2013 7:30 p.m. – Town Hall
Thursday, November 7, 2013 7:30 p.m. – Town Hall
Thursday, December 12, 2013 7:30 p.m. – Town Hall
Thursday, January 9, 2014 7:30 p.m. – Town Hall
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.
12/13-13 Approve Resolution: CT Internet Crimes Against Children Task Force
The Town Manager reported that our involvement with this goes back to 2003 when it was initiated by Chief Agnesi at the time. He added that there is no direct cost to the Town for involvement; it is a commitment to cooperate with respect to investigations that may be ongoing. He noted that there are some Officers in our Police Department who have specialized training with respect to computer forensics. He reported that the extent of the cost that we may be required to send Officers for some additional training which would be on Town time and during the budget process the last couple of years and the capital outlay portion of the operating budget there has been a request for some advanced software that would enhance our ability to perform in this area. He noted that the last couple of years he has
not put it through because in the context of other priorities it has not risen to the top but that is something that we may continue to see requested.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That Brandon Robertson, the Town Manager be and herewith authorized to execute a Memorandum of Understanding on behalf of the Avon Police Department for the Town of Avon with the Department of Emergency Services and Public Protection for participation in the Internet Crimes Against Children Task Force.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.
12/13-14 Contract Award: Random Crack Sealing, $95,111.05
Chairman Zacchio reported that we did go out to RFP because this does exceed one-tenth of one percent of the levy. He noted that we are taking the lowest bidder and is also the same firm that we have used over the last couple of years and have had good results from them. The Town Manager reported that Public Works is in the process of re-engaging the company that did the initial paving management assessment to update that entire Plan. Mr. Evans questioned if this is within the existing budget. The Town Manager responded yes. Chairman Zacchio asked how we are doing on road paving in general. The Town Manager responded that we are about where we anticipated we would be, including Huckleberry Hill Road, Grant Drive, Edwards, and Springbrook. Mr. May asked if we are going to actually
re-pave those roads. The Town Manager responded yes.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council award the Random Crack Sealing Contract to Costello Industries, Inc. of Newington, CT, based on their low bid in an amount not to exceed $95,111.05.
Mrs. Samul, Messrs: Zacchio, May, Pena, and Evans voted in favor
12/13-15 Supplemental Appropriation: State of CT Department of Education
Youth Services Bureau Grants, $20,110
The Town Manager reported that this has come through the last number of years but there is always the possibility that it won’t; the idea is not to build into the operating budget because it is offset by grant revenue it is simply in and out.
On a motion made by Mr. May, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council hereby recommends that the Board of Finance amend the FY 12/13 Budget by increasing:
REVENUES
General Fund, Intergovernmental, Youth Services Bureau Grant, Account #01-0330-43383 in the amount of $20,110.00
and increasing
APPROPRIATIONS
General Fund, Human Services, Service & Consultant, Account #01-4203-52184 in the amount of $20,110.00 for the purpose of funding expenditures, which will be reimbursed through approved State of Connecticut Department of Education Youth Services Bureau Grants.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.
12/13-16 Avon Police Department: Supplemental Appropriation Request, $130,000
Chairman Zacchio reported that during the budget cycle Council decided to use funds out of Fund 7, a revenue fund the Police Department gets for special projects, similar to how the Board of Education uses the Cafeteria Fund to purchase equipment. Chairman Zacchio reported that we are buying two utility vehicles. He asked the Town Manager if this is the first round of the new police interceptor cruisers that we are going to buy and if there are any reliability questions around the new vehicles yet. The Town Manager responded that they have not been out long and there is not much of a choice as the Crown Victoria is being discontinued. Chairman Zacchio questioned if this is an Explorer-based utility or the Expedition-based utility. The Town Manager responded that he thinks it is the Explorer-based utility. Mr.
Pena questioned what the balance of Fund 7 is right now. The Town Manager responded that if the $130,000 appropriation is made then $250,000 will be remaining. He added that one of the issues with Fund 7 is that the primary reason that the balance is what it is right now is because we had all of the Avon Mountain so it will not continue at that rate and being very judicious about how we draw the Fund down because it is not a resource that we will be able to replenish as quickly as we have in the past.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $130,000 from Police Special Services Fund, Other Financing Sources, Unassigned Fund Balance Account #07-0390-43913 and transfer from Police Special Services Fund, Other Financing Uses, Interfund Transfer-Out Account #07-8700-58000 to Capital Projects Fund (Facil & Equip), Town-CIP Equipment, Vehicles Account #02-4844-53311 and Capital Projects Fund (Facil & Equip), Other Financing Sources, Interfund Operating Transfers In Account #02-0390-43918 in the amount of $130,000 for the purpose of purchasing two new APD Cruisers.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.
12/13-17 Review, Discussion, Set Public Hearing: Acceptance of Sewer Easement:
33 Volovski Road, 47 Smith Road, and 45 Smith Road
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council table setting a public hearing to consider acceptance of Sewer Easements for 33 Volvovski Road, 47 Smith Road and 45 Smith Road.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.
VIII. TOWN MANAGER’S REPORT/MISCELLANEOUS
Misc. A: Bicycle/Pedestrian Updates: The Town Manager reported that back in July Council had asked him to put together a sub-committee of staff to come up with some ideas and thoughts regarding bicycle and pedestrian friendly improvements that could be implemented in Town. He added that subsequently he gave the assignment to Steve Kushner who has been meeting with the group, including the Town Engineer, Public Works Director, Chief of Police, and Larry Sparks from the Avon Middle School. Mr. Kushner reported that the sub-committee had Chris McCahill who just finished his PhD at UCONN on this very subject of Transportation Planning and agreed to do this work at no cost to the Town. He noted that it is a fairly basic study but the idea was to get us going in the right direction. He
reported that Chris took a look at all of the roadways in Town and assess the quality of roads in Town and rate them into one of several categories. He noted that it is a way to get a handle on how safe and how bike friendly roadways are in Town. He reported that from here Dr. McCahill is suggesting that maybe we would think about taking on a demonstration project by identifying an area in Town where we could mark a portion of the road to alert motorists that the road is to be shared with the cyclists. He noted that this has been done on several roads in Simsbury and communicating with their Town staff to see what has been done. He reported that it is a relatively low cost way without having to spend money to widen the road. Chairman Zacchio questioned if the tasks to accomplish this are all in-kind service work that we can do ourselves. The Town Manager responded that we should be able to do it. Chairman Zacchio commented that Simsbury has been a leader in the bicycle path process
for awhile and he would be interested in knowing if the chevrons work and how did they get that done. Mr. Kushner responded that they would look into that and report back to the Council with the cost that would be involved. He added that the thought is to start off slow and do one small area, a mile or two of road, where the road has sufficient pavement width and connects a large neighborhood of single family homes so a lot of people can take advantage of it. He noted that one thought was trying it on Burnham Road. He reported that the sub-committee is looking at enhancing opportunities for children walking to school, perhaps starting on Country Club Road. He noted that the Engineering and Public Works Departments are working with CRCOG possibly to try and put that roadway in queue for some future improvements and if the Town were to receive funds to do that or it made its way up through the capital budgeting process and it was re-built maybe there would be greater opportunities to
accommodate some kind of bike lane. Chairman Zacchio questioned if this was the entire length of Country Club Road and noted that we have a light going in at the corner of Lovely Street and Country Club Road and we hope that the State comes through with the crosswalks as well and that might be a high priority area for us to think about from that section to at least Wheeler. He commented that we should be thinking about with that light going in something that we can be doing there even if it is as simple as chevrons to bring attention to that because that is one of the areas that we can increase some of the pedestrian connection to the school. Mr. Kushner reported that the sub-committee is going to look at opportunities to use some of the smaller roads for bicycling. Mrs. Samul commented that although we may not have a high number of roads that are ready for the utilitarian rider we have a high number of roads conducive to the recreational less skilled senior and child rider. Mr.
Kushner responded that is the conclusion.
Mrs. Samul reported that one of her concerns is always safety and she did not know if not from this point of view but a public safety point of view on Country Club Road, Scoville Road, and Thompson Brook Road where the Rails-to-Trails cross those streets if we could also paint in the traffic lane a bicycle for the cars to see as they come up because of the safety factor. Mr. Kushner responded that he would check with the Town Engineer and see what the Design Manual calls for. Mrs. Samul commented that she has seen the rendering of a bicycle actually painted in the lane in other towns right across so the car cannot miss it. Mr. May commented that we need to maintain those intersections also as they are hard to see and if you are not from this Town and you do not know what you are looking for people go right through there
and it is an accident waiting to happen. He added that when we make these intersections we have to make them very, very visible. Chairman Zacchio asked the Town Manager to send a letter to Dr. McCahill from the Town Council thanking him for his volunteer service. Mr. Kushner reported that the sub-committee will report back to the Town Manager for a future meeting and additional feedback. Sue Davey gave thanks and commented that it is really rewarding to see that so much work has been done so quickly and Dr. McCahill is fantastic and an excellent resource. She commented that there is nothing about walking which is a very big piece of it and asked when that piece will be explored. Mr. Kushner responded that the walking piece brings with it its own challenges as well; we have a very limited network of sidewalks in Town and by regulation and policy of the Planning and Zoning Commission and the Town Council from years and years ago the Town decided not to build a network of sidewalks.
He noted that the reasons for that are that as the Town started to grow Avon was a much more rural place and people were moving here in large part because the rural character and charm that the Town had. He added that there was not really a strong interest at that time to rapidly change the character to more suburban and also was then as there continues to be today concerns about the cost of maintaining that infrastructure. He reported that there are opportunities through State Statute to require that developers build sidewalks but then there is the issue of who maintains them, under the current Town Ordinances the property owners that abut the sidewalk even if it is in the public right of way are responsible for maintaining it. He noted that it is possible to identify some critical areas where we could think about budgeting through our capital budget to add sidewalks but the cost is not inexpensive and there would need to be a discussion about who would maintain those. He added
that if you look at the vast majority of roads in Town, the local roads, those are safer to walk on as a general rule. Ms. Davey commented that it won't be fixed at all if it is not at least pursued. She noted that they talked about engaging Fitzgerald and Halliday and getting some grant money to engage in a traffic study. She commented that she does not know how much Burnham Road would be used and rather it is the people on the west side of Town that do not have that access and the one stretch on Country Club Road to West Avon Road as it would really benefit every resident of this Town. Chairman Zacchio commented that Country Club Road is the one road that would connect the schools and the library to the existing sidewalks; it is really from Lovely Street intersection to West Avon Road is what would be his highest priority where the sidewalk meets at least and noted there is a lot that comes with it. Sue noted that we do not have enough existing infrastructure and not
enough municipal support for it so they were not even in a position to apply for a grant. She added that by taking the first step and doing an official study it shows that the Town is looking in that direction and only then can we engage with the State to get those grants but it is thinning out because so many communities have used it. Mr. Kushner commented that we have no budget right now so staff is recommending to start with a basic study at no cost and rather than try and take this smaller study and have it evolved into a more comprehensive which might cost $25,000, the initial thought was to see if we could apply for a grant through CRCOG or request funding through a normal course of budget requests for a future year. He noted that we have the basics and let us see if we can for a relatively modest amount of money start to mark some roads in Town but try it out and see how it works and maybe build from there. He added that there are opportunities to do
more studies and we are partnering with the Board of Education. He noted that the Town Engineer indicated that he has been working with CRCOG and would like to target that section of Country Club Road and have it move up in the funding queue through CRCOG's ranking and through the Department of Transportation and certainly if that road can be rebuilt in the next few years it is on the Town Engineer's radar to incorporate some kind of a bike lane and/or sidewalk system. Ms. Davey reported that what should be looked at for Old Wheeler Lane which is the most dangerous part of the children’s walk to school because there is no shoulder at all, look at making that road one-way. She commented that she cannot imagine any residents would mind. Chairman Zacchio commented that is a great idea, but from a safety perspective the Chief of Police will have to go through that but as we develop the light to the sidewalk on Country Club Road, if it is a one way what is
the solution as it is very narrow. He noted that one cannot exist without the next and no point in getting some connection from the light to Wheeler and still having the same issue we have there and instead think about it as one project and deal with whatever complexities come out of that. A resident reported that a huge piece of this is educating people and to somehow let people know what is going on the roads and making people more aware. Mr. Kushner responded that we could put something in the January Town newsletter. Sue questioned if there is any speed limit condition change with the light going in on Country Club Road/Lovely Street. Chairman Zacchio responded that it is a State road; he noted that the Chief of Police is our local traffic authority appointed by the State of Connecticut so he has jurisdiction over our local roads but there is a uniform code around speed limits and collector roads. Ms. Davey commented that on Huckleberry Hill
Road the speed limit drops to 25 MPH in front of Countryside Park but once there is a crosswalk there they might want to look at slowing the speed limit.
Misc. B: Purchasing Update: The Town Manager reported that there is funding available for another regional incentive performance grant, the same type that the Town received a few years ago working with Farmington, Granby, Canton, and Simsbury to purchase regional trails equipment. He noted that this time it is a piece of equipment that is essentially an asphalt recycler and you can put all types of crud into this equipment and melt it and kick it out and you have your own paving plant in Town and produces hot patch for filling potholes and that sort of thing which is really nice because typically we have to fill it with cold patch which does not weather well. He noted that Simsbury and Granby are interested in working with us on this and probably in December will bring
the resolution to Council authorizing us to go ahead and apply for the funding; it is a 100%, there is no local match and it is first come, first serve. Mrs. Samul questioned the possibility of pursuing portable LED light towers or excavator through this grant. The Town Manager responded that OPM, the granting agency, would be more inclined to go with this asphalt piece of equipment and it was the Towns' priorities.
Misc. C: Construction Update: The Town Manager reported that we are having a number of connections coming in from the Haynes Road sewer project. He noted that there will continue to be remediation on Haynes Road into the next year with final paving to be done after that. Mrs. Samul questioned if the Engineering Department was able to work with Sunlight Construction to alleviate the drainage issue. The Town Manager responded yes.
Misc. D: Results of Rating Agency Reviews: The Town Manager reported that both S&P and Moody's re-affirmed the AAA/Aaa rating and importantly they continued with a stable outlook.
Misc. E: Prescription Drug Program: The Town Manager reported that the Connecticut Conference of Municipalities has made a prescription drug program available to member towns and a program that would be available to uninsured or underinsured residents for prescriptions. He noted that Avon has had a very similar program in place for years now and offered through the National League of Cities. He reported that we are taking a look at the CCM program and the conclusion that we are coming to is all things being equal the benefit to moving to the CCM program is that it is covered by the current due structure whereas the Town is paying a fee of $1,500 a year to NLC and the primary benefit that we receive is being able to participate in this program. He noted that the NLC
dues carry us through the calendar year and it is very likely that he will report out either in November or December that effective January 1st we will switch programs. Chairman Zacchio commented that how we make residents aware of that is going to be important and the communication around that important because with just Social Services it is a very spotty communication and want to do it on a much broader basis. Mrs. Samul commented that Social Services should go over and make an announcement at the Senior Center explaining it to them. The Town Manager commented that with the CCM program the provider is not well known and do not do much business in the State so it is an entity that wants to establish a foot hold in the State.
Misc. F: Bright Ideas Grant (through the Clean Energy Communities Program): The Assistant Town Manager reported that CL&P approached the Town and notified us that we qualify for a $10,000 grant that can be used toward an energy saving project of our choosing; there are some strings, but it sounds like there might be a requirement to extend the point in time when we stop purchasing those renewable energy certificates. He added that it is currently 30% by 2015 and believes that it might be changed to 20% by 2018. He reported that we will go to the Energy Plan, pick one of the projects that has a nice payback and pay for it using the grant money.
Misc. G: Library Director Selection Update: The Town Manager reported that the first round of interviews have been completed.
Misc. H: Personnel Rules/Regulations Update: The Town Manager reported that we are going through and updating the components of the Personnel Rules and Regulations that were last done in 2005 and do need to be adopted by resolution of the Council. He is anticipating that is something that Council will be seeing within the next meeting or two.
XI. ADJOURN
The meeting was adjourned at 9:50 p.m.
Attest:
Caroline B. LaMonica
Clerk
| 
