AVON TOWN COUNCIL
MEETING MINUTES
December 6, 2012
I. CALL TO ORDER
The meeting was called to order at 7:00 p.m. at the Avon Town Hall, in the Avon Room by Acting Chairman Evans. Members present: Mrs. Samul and Mr. Pena. Mr. Zacchio and Mr. May were absent.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council changes the order of the agenda and delay the Public Hearing and the acceptance of the minutes until Councilman May arrives for the meeting.
Mrs. Samul, Messrs: Evans and Pena voted in favor.
Mr. May arrived at the meeting at 7:30 p.m.
II. PUBLIC HEARING
The Public Hearing was called to order at 8:30 p.m. by Acting Chairman Evans.
12/13-17 Acceptance of Sewer Easement: 33 Volovski Road, 47 Smith Road, and
45 Smith Road
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council opens the Public Hearing regarding Acceptance of Sewer Easement: 33 Volovski Road, 47 Smith Road, and 45 Smith Road at 8:30 p.m.
Mrs. Samul, Messrs: 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 waive the reading of the Public Hearing Notice.
Mrs. Samul, Messrs: Evans, Pena and May voted in favor.
TOWN OF AVON
LEGAL NOTICE
NOTICE OF A PUBLIC HEARING
Notice is hereby given that the Town of Avon, Connecticut will hold a Public Hearing on Thursday, December 6, 2012 at 7:30 p.m. at the Avon Town Hall, Selectmen’s Chamber, 60 West Main Street, Avon, Connecticut to consider the following:
The Town of Avon to accept a 20 ft. Sanitary Sewer easement over lots 4450033 (33 Volovski Road), 3990047 (47 Smith Road) and 3990045 (45 Smith Road) as shown on the map titled “Lot Line Revision Plan, prepared for Atkinson Associated Design-Build, L.L.C., Smith Road & Volovski Road, Avon, Connecticut, dated 3-21-12 sheet 3 of 3 by Denno Land Surveying & Consulting LLC.”
Copy of said map is on file in the Town Clerk’s Office and open to the public for inspection during normal business hours.
Dated at Avon, Connecticut this 2nd day of November, 2012.
Brandon L. Robertson
Town Manager
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council closes the Public Hearing at 8:35 p.m.
Mrs. Samul, Messrs: Pena, Evans, and May voted in favor.
Mr. Evans reported that this is an extension of an existing sewer line that goes over three private properties and this will give the Town the right to have access to that for future repair or maintenance needs. Mrs. Samul questioned if we clarified that it is three and not four property owners. The Town Engineer responded that the easement itself affects three properties directly; there are four houses that are served by that but the last house the lateral comes outside of the easement.
On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council approve the Town of Avon to accept a 20 ft. Sanitary Sewer easement over lots 4450033 (33 Volovski Road), 3990047 (47 Smith Road) and 3990045 (45 Smith Road) as shown on the map titled “Lot Line Revision Plan, prepared for Atkinson Associated Design-Build, L.L.C., Smith Road & Volovski Road, Avon, Connecticut, dated 3-21-12 sheet 3 of 3 by Denno Land Surveying & Consulting LLC.
Mrs. Samul, Messrs: Pena, Evans, and May voted in favor.
III. MINUTES OF PRECEDING MEETING: October 4, 2012 Regular Meeting
November 1, 2012 Regular Meeting
The Clerk reported that there was so much of the October 4th meeting that was inaudible so if Council felt that they made some statements that were not included and to make those amendments. Mr. Pena responded that he thought that some material was left out. The Clerk added that as much was captured that could be. Acting Chairman Evans reported that Council usually has their meetings in the Selectmen’s Chamber where the audio recording system is a lot better and we are in the Avon Room temporarily through February; as a result the audio recorder being used now is not quite as good so it was hard for the staff to accurately transcribe some of the minutes. He shared some edits with the Clerk to make some changes in some of the minutes which are more in the nature of wordsmithing.
Mr. May noted that in the October 4, 2012 meeting minutes there is a resolution on Page 13 that lists a former Council member and not himself.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the minutes of the October 4, 2012 Regular Meeting as amended.
Mrs. Samul, Messrs: Pena, Evans, and May voted in favor.
Mr. Evans noted that he shared some typographical items with the Clerk as well as other Council members have to make some minor clarifications.
On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept the minutes of the November 1, 2012 Regular Meeting as amended.
Mrs. Samul, Messrs: Pena, Evans, and May voted in favor.
IV. COMMUNICATION FROM AUDIENCE - None
V. COMMUNICATION FROM COUNCIL
Mrs. Samul reported that on December 1st Valley Community Baptist Church had their third Community Day where they cleaned up along the pond at Fisher Meadows; approximately forty people with the youngest being four years old in thirty-two degree weather. She also noted that Michael O’Hara, Paul Hoekman, and Al Harris gave up their Saturday off to come in and work. She wanted to acknowledge the Public Works staff and if the Town Manager has not already to send a thank you to Valley Community Baptist Church.
Mr. Evans introduced Glenn Grube, new Library Director and welcomed him aboard. Mr. Grube reported that his first day was Monday, December 3rd so four days down, it has been a whirlwind, a beautiful new facility, and very excited to get started.
VI. OLD BUSINESS
12/13-06 FY 13/14 Budget: CIP Budget Presentations
a. Secret Lake Association - a power point presentation is attached and made part of these minutes
Jean Dellamarggio, Secret Lake Association, thanked the Town Engineer, Director of Public Works, and Paul Welsh with Public Works, the Town Manager and that some combination of all of us took tours of the streets of Secret Lake Road this year and as a result of that they identified two streets, Cliff Drive and Sunset Trail, that were in really hazardous, serious conditions. She reported that the Director of Public Works sent out some folks who put down a significant skim layer to get us through but we know that is not going to have a lot of stay power along with pothole filling along Secret Lake Road and the ancillary streets. She reported for those that are new this has been a proposal that has come before Council for a number of years; it has been staying throughout and consists primarily of upgrading the
storm drainage system in the area that is located in Avon and then refurbishing the streets, raising the elevation of Secret Lake Road in that one section that routinely floods, and then at some point to benefit fully from the improved storm drainage to do some site specific dredging in the Lake itself because those areas built up from the flows downgrade and snow removal. She added that it seems clear that given the economy that is not a project that is going to happen in its full proposal for some time; up to now they have been proposing $2 million and the Town Engineer makes the point that the actual cost of raising the elevation of Secret Lake Road is very difficult to determine at this point because there are so many variables that we will not know until we get in it. She noted that she met twice with the Town Engineer and Director of Public Works and they have come up with alternatives for the Council to consider. She reported that they looked at whether or
not they could break this down into more financial manageable parts; an effort to take that $2 million or thereabouts and show the Council what it would cost to breakdown the refurbishing of the streets, the improvements to the storm drainage system on a road by road basis. She added that they also looked at what it would cost just to mill and repave the streets for now, forego the improvements to the storm drainage to the back end of the five-year plan and just get the streets up to a more safe, user-friendly surface for now. She reported that the Director of Public Works has incorporated in his Pavement Management Plan a breakdown of what that would be, roughly $295,000 to take each street and broken it down street by street so if there is even less available funding we could pick two of the worst streets if the Council decides to go that way. These are the two approaches that they took that might make this pie a little bit smaller over a period of time, but not
to say that they do not want the other improvements and do not want them to fall off the radar screen but this was an endeavor to try to get at what are becoming conditions of hazard. She worries very much about kids on bikes, their demographics are always changing and families are getting younger, with loose pavement and potholes. Mr. Evans questioned if the streets are listed in any particular order. The Town Engineer responded that they are not in order of priority. Mrs. Samul commented that Sunset Trail and Cliff Drive were mentioned before and some work had been done there. She questioned if those two streets would be the top priority for the milling also. Ms. Dellamarggio responded that in her opinion, yes, but she would defer to the Director of Public Works. Mrs. Samul questioned if the list of streets is just milling or milling and storm drainage. The Town Engineer responded that right now the roads there vary in width, this
estimate brings each of the roads to a 22-foot wide minimum standard so it is widening the roads in some places by putting base material down where they are narrower and putting in formal storm drainage on each of those streets. He gave an example with Birch Road at $125,000 brings that road to 22 feet wide and adds in four catch basins, associated piping, and piping to the Lake. Mrs. Samul commented on to the Lake, because last year the Town Engineer was asked whether it could be broken down and do some of the hillside roads and was told that would exasperate the flooding on Secret Lake Road. The Town Engineer responded that it would only because it would get water there faster. Mrs. Samul commented that if it gets there faster is Secret Lake Road going to be impassable because of that. The Town Engineer responded no, no more than it is today. Mrs. Samul commented that it does flood and become impassable.
Mr. Pena questioned the $295,000. Ms. Dellamarggio responded that the $295,000 would be to take the same streets that are listed and mill and resurface the streets with no other work done, keeping them primarily at their current width. Mr. Pena commented that on Secret Lake Road and Sunset Trail there is a quite a bit of difference between the driveways that are there and the street level. He asked if any of that will be improved there. The Director of Public Works responded that to the best of their ability within the limitations of raising the road not to create a problem elsewhere by lifting it there, shedding water down someone else’s driveway or another area. He added that this is with the drainage improvements; we need to start from the lowest point and work uphill which is going
to be costly to begin with and more so if you need to elevate Secret Lake Road to stop the flooding. Mrs. Samul commented that the right way to do it is to start with Secret Lake and come up but that is the more expensive way so if we have reduced funds available at least we can improve the situation for some residents by doing it in the reverse order. She questioned if we are creating a greater cost to us by doing it in that order. The Director of Public Works responded that you are going to spend some money to do that but no, it would be a good move because the road is in such poor condition. He added that those roads have deteriorated beyond useable road and lucky it sees light traffic. Mr. Evans questioned if the concept of spending $295,000 is just a band-aid and that later we are going to end up having to repave that anyway when we have to rebuild the roads and do the drainage system. The Director of Public Works responded that if you were
to choose to fund that but would not call that a band-aid; it is like putting in a new driveway. Mr. Evans questioned if they would effectively change anything to do with the drainage. The Director of Public Works responded no, just put a nice finish on the roads which would get quite a few years out of them and still have the water crossing and the water drainage conditions but nine months out of the year you will have a good road to drive on. Mr. Evans questioned if we had $295,000 to spend would he recommend doing it just as the overlay over all of these roads or to do the drainage on a few of the roads and do it right from the beginning. The Director of Public Works responded that is a decision later on in the night when they hear about the Pavement Management Plan under the Public Works CIP budget presentation. Mrs. Samul commented that they can do Sunset Trail and Cliff Drive for about that same amount of money. The Director of Public Works
responded that you could cut those out and the milling is not that expensive. Mr. Pena commented that some of those roads have some pretty good sized holes. He does not want it to appear that we spent $295,000 to be cosmetic. The Director of Public Works commented that a lot of the cracks will pop up in three or four years but will have a better ride rating. Mrs. Samul commented that we would be buying some time. The Director of Public Works responded quite a bit of time. Mr. May asked how much time. The Director of Public Works deferred to Tony who responded that it would buy you ten years if you mill and overlay, a lot of it has to do with the base and the drainage issues that you have, and have a strong maintenance plan associated with that to crack seal in the fifth year and potentially look at another treatment on top of that in ten or fifteen years. Mrs. Dellamarggio commented that if Council were so inclined to want to go ahead
with the full project they would welcome it but they know there are limits and this was an appeasement to the neighborhood and an endeavor to try to make some of those truly hazardous streets easier to ride bikes on, walk on, and deal with on a regular basis even though it may be short-lived. She added that in the long run doing nothing is not working so there are number of options now for the Council to take under consideration and would be happy for any combination thereof. Mr. Evans thanked Mrs. Dellamarggio for her presentation.
b. Engineering - a power point presentation is attached and made part of these minutes
Larry Baril, Town Engineer reported that the first item is the reconstruction and drainage of Cider Brook Road; it is the single worst road according to the Pavement Management Plan. He and Bruce Williams, Director of Public Works talked about this a few years ago and they agreed to pull it out of his normal pavement management requests because it is a road that needs a complete rebuild; it has very little formal drainage, the road condition is terrible, it is not a constant width road. He noted that last year he put in for this, as well as the lateral sewer extension into this street as it is listed as one of the higher need areas in Avon for sewers. He reported that the sewer extension was approved last year so he is actively pursuing that now so the rebuild is the second phase. His request is
for $200,000 to reconstruct the road, put in formal drainage and the like.
The Town Engineer reported that the second project on his list is to replace the box culvert under Tillotson Road; this is currently a bridge structure with stone abutments and several instances where there has been sink holes at the abutments which Public Works has filled in the past. He added that parts of this bridge are in pretty poor condition; it is not large enough to be under the federal program; it is a Town bridge and our responsibility. His proposal is to replace this area with a box culvert; we had some seed money funded through last year’s CIP and his intent is to use that in addition to what might be approved. He noted that he has discussed with the Director of Public Works about his staff doing the work even though he thinks it is a specialty project and the Director of Public Works
is confident that they can and would be based on what their other workload is as far as scheduling. He added that his request of $220,000 includes materials, construction, and permitting. Mr. Evans questioned that it includes construction being done by the Department of Public Works. The Town Engineer responded that is if they contract the work out. He noted that we might be able to save up to $100,000 if our Public Works staff does the work but it depends on their workload. Mr. Evans questioned how much seed money there currently is. The Town Engineer responded $20,000 and not included in the $220,000. Mr. Pena asked the Director of Public Works if he felt comfortable that if his staff took on the project, timing wise, they can do it. The Director of Public Works responded yes.
The Town Engineer reported that the next item is the drainage problem that goes down from Deepwood Drive to New Road; CIP requests were made last year. He noted that the Director of Public Works managed to get it on FEMA’s radar this year but stone walling us on getting it within their project list now. He reported that they did the design, went out to bid so the request for $125,000 is a true, as bid number. He noted that eventually this is going to become a problem for the homeowner which is approximately forty feet away from this. Mr. Evans questioned the number that was in the CIP request last year before it was put out to bid. The Town Engineer responded that he thought it was $300,000.
The Town Engineer reported that the next project on the list is the Old Wheeler Lane bridge and in the federal local bridge program. He noted that they have enough money to get started and have gone through the RFQ process, selected a qualification based consultant, and are negotiating scope and fee right now. He added that he hopes to have before Council’s next CIP meeting a better number on the estimate but the consultant has given a rough estimate of $400,000-$500,000, 80% federal and 20% local contribution. He noted that he is also trying to work it so that we do some parts of the work as our in-kind services as part of our 20%, i.e. the survey-related work which has a value. He reported that the concept is to get engineering done first and look at construction possibly as early as the
summer of 2014. Mrs. Samul questioned if the $50,000 is our share or the total cost. The Town Engineer responded that it is our share of the engineering fees. Mrs. Samul questioned that it is not 20% of the total cost of the whole project. The Town Engineer responded no, our 20% of the total rough estimate would be approximately $100,000. Mr. Evans questioned if the $50,000 is the total engineering cost and if it qualifies for the 80/20. The Town Engineer responded that it does qualify as part of the 80/20. Mr. Evans commented that is 20% of the engineering total bill. The Town Engineer responded that at this point they are still working on a scope of services and to use this number for next year.
The Town Engineer reported that the next item is town wide aerial mapping; the Capitol Region Council of Governments had an OPM grant back in 2009 and flew the entire capitol region for new aerial mapping. He commented that we have new aerial digital photographs and able to use in our mapping system, i.e. Deepwood Drive map shared earlier. He noted that the mapping that we have now, the topographic and planimetric mapping that we use is from 1984 and hard copy that is scanned and do our best with them. He added that we have seen a lot of growth in Avon in the last thirty-five years and the mapping that was done although it was good for its time is certainly not contemporary in its quality and very difficult to use within our mapping system. He noted that they continue to get FEMA flood zone
requests and has caused a fair number of homeowners to pay for flood insurance when they never had flood insurance before so they spent a fair amount of time helping out residents in that regard and this mapping request would also be used for any of the projects that we do in Town. His request is for $85,000 for the topographic portion only as that is the part that is important to them for FEMA and engineering types of projects. He asterisked that there is another grant that was granted to CRCOG under the similar program done in 2009 in which it is possible that the region will get some of the mapping that he is asking for; it is likely to come on at a quality that is not as good as they really could make best use of. He added that his expectation is that he might have a better number that perhaps rather than us buying it, being able to improve the quality for the Town of Avon by doing it cost-share. Mrs. Samul commented on the lower bullet points which
mention potential revenue. She questioned if this is just by charging for maps that they provide to various people who come in. The Town Engineer responded yes, maps and the digital data.
The Town Engineer reported that the next item is the Old Farms Road Projects: Old Farms Bridge over the Farmington River and Council is as much up to speed on the status of that; it has been taken over by the Department of Transportation (CTDOT) and seems to have gotten some life breathed into it. He noted that a suggestion from Mr. Schenck and Mr. Daukas was to put an additional $75,000 in which they revised to $50,000, the primary purpose is our own consulting time. He reported on Reconstruction of Old Farms/Thompson Road – the original request was $250,000 and revised down to $100,000, this is for our share of the environmental assessment. Mr. Evans questioned the consulting and it being a necessary third-party that we have to pay for in conjunction with the bridge project. The Town
Engineer responded yes, particularly the bridge itself. He noted that CTDOT has taken over the project but they have not taken over the consulting on the bridge structure. Mr. Evans questioned if they have their own consultants who come in and take care of that. The Town Engineer responded that they do but the consultant that was selected has done ninety percent of the design and they did not want to change consultants at this point. He added that Mr. Schenck and Mr. Daukas recommend a separate meeting with Town Council sometime in February to discuss funding and progress details.
The Town Engineer reported that he continues to carry a few projects that were on the CIP, some over five years ago – the Arch Road to Darling Drive Connector, the replacement of the box culvert under Thompson Road. These projects are not something to pursue at this time but should stay there.
The Town Engineer reported on the Sewer CIP and noted that the Sewer Facilities Plan is a variable in their equation when looking at sewer projects, development interests, infrastructure maintenance and improvements, etc. He reported that first item is their lateral expansion program. He noted that they look at a couple variables with regards to such and high on that list is the Pavement Management Program, followed by where they see septic system failures, neighborhood list by petition (i.e. Deepwood Drive). He reported that what he is looking for this year includes Kingsbridge and Copplestone, primarily because they were listed high on the list under the Pavement Management Program and high on the list within their Facilities Management Plan as likely neighborhoods to require sewers. Mrs. Samul
questioned why that is as that area was built in the 80s. The Town Engineer responded that there is a high ground water condition and have had a fair number of septic system failures in their life. Mr. Evans confirmed that if this is done in conjunction with the Pavement Management Program that is the right time to do this. The Town Engineer responded yes. Mrs. Samul questioned if the residents would be in favor of it. The Town Engineer responded that there is a whole process that is followed and includes a public outreach, for example, for Cider Brook and Avonside that were approved last year for this year letters were sent out, he intends to do informational meetings first and so on. He added that he does not have the thumbs up from both of these neighborhoods at this point. Mr. Evans questioned if the amount being requested includes connection to each person’s home. The Town Engineer responded no; typically it is the sewer
main and the laterals to the street line. Mr. Evans confirmed that it is up to each homeowner thereafter at their cost to connect it to their home. The Town Engineer responded yes. Mrs. Samul questioned if they are charged for extending the sewer line. The Town Engineer responded yes; there is an assessment that is charged to effectively pay for the sewer extension. Mrs. Samul commented that we have offered financing in the past. The Town Engineer responded yes. Mr. Evans asked the Town Manager if this capital budget comes out of our regular capital budget or a separate sewer budget. The Town Manager responded that all of this comes out of Fund 5, non-tax revenue and all user fee supported.
The Town Engineer reported that the next item is sewer right-of-way clearings. He noted that it is impossible for Public Works to do the work as they have limited resources so they have come up with an estimate to clear at least a fair portion of those right-of-ways with that money.
The Town Engineer reported that the next item is the Route 44 pump station rehabilitation. He noted that it is our oldest pump station in Town, thirty-four years old, and our most dangerous to maintain because of the geometry of it as the pumps are thirty-feet in the ground in a silo type of structure; the only way to maintain them is to go down in the hole, it is a confined space entry problem. He expects to see significantly increased flows to that station in the coming few years, in particular Avon Mills Apartments have connected one of their three buildings and Avonplace has done the design work and talked about doing a sewer extension and very interested in extending to their facility as well. He noted that means an increase of flow to the station and a pretty significant revenue source for us in
the Sewer Fund by connection charges, approximately $500,000 per facility. Mr. Evans questioned the period of time that is paid over. The Town Engineer responded it is all paid when they connect. He noted that we have reached out and talked about engineering cost and consulting about not completely removing that station but rehabilitating it to the point where we take the pumps out of the chambers, put them in a place to be accessed from the ground level. He reported that the initial budget for design and consulting of $65,000 and next year’s figure is an estimate to do the actual rehabilitation work.
The Town Engineer reported that the next item is sewer capacity; we have an infiltration and inflow problem in our collection system, particularly the older piping systems. He added that we know we have issues in the Farmington system and can track that by meter readings, after heavy rains we exceed capacity in accordance with our Farmington agreement. He reported that their intent is to do a complete I&I study on the system, working on older parts of the system first. He noted that this is all Clean Water Fund applicable and have had conversations with DEEP personnel about this. He added that much like we got our Sewer Facilities Plan done at a 55/45 rate where the Town pays 45% and the State reimburses 55%, this is eligible for that program. He added that his goal is to also create a
predictive digital model of our system and do future flow analysis. Mr. Evans thanked the Town Engineer for his usual thorough presentation.
c. Public Works – a power point presentation is attached and made part of these minutes
The Director of Public Works reported on the following items: shop floor and wall coatings – it would go a long way in several ways: morale and allowing for better light into the shop; underground storage tank project – DEEP visits them annually with regards to our compliance issues; it is unfortunate that this is a very expensive project and requires setting up a whole new fuel system in another location before you can abandon the other one in addition to pulling the old tanks and cleaning up the area. Mr. Evans questioned if that requires soil remediation as well. The Director of Public Works responded that we do not have any leaks and the tanks have just come to the end of their length. Mr. Evans confirmed that the $300,000 will cover all of the present needs. The Director of Public
Works responded yes. Mr. Evans commented that this would be a FY 15/16 project and questioned if we can wait that long. He also questioned if the estimate includes the alternative fuel while it is in process. The Director of Public Works responded that they would setup the new fueling system, have that fully functional and then eliminate the dispensers and underground fuel tanks on the opposite side of the property. He noted that the pads have been built, the power supply has been run; some little projects can be done along the way with funds that are in place now.
The Director of Public Works reported on the sidewalk improvement plan which has been on the books quite awhile; it was hit hard quite a few years ago and brought a lot of the sidewalks up to speed. Mrs. Samul clarified that this is not an expansion of sidewalks. The Director of Public Works responded that these are just improvements to existing sidewalks.
The Deputy Director of Public Works thanked Council for what they funded in the current fiscal year; it is a tremendous help trying to get the fleet up-to-date based on the condition that it is in. He reported that they are requesting a total of $535,000 between the Highway Department and the Building and Grounds Department; some of these have migrated from last year’s presentation. He noted that the fleet is listed in priority order by division; the 2002 Heavy Duty Pick-Up Truck and 1995 ½ Ton Pick-Up Truck are in excess of 200,000 miles while the others have structural problems. He added that these two trucks have been good to the Town on their return on investment. He reported that questions came up two years ago about why they are broken out into divisions; they do separate type of
work. He added that Building and Grounds’ biggest need is the ability to get out and do the athletic fields in addition to building maintenance needs. He reported that with the Highway Department, it is either snow removal or road reconstruction/maintenance.
Mrs. Samul commented that the Board of Education is in need to replace a vehicle and there was some discussion as to whether there would be cooperation between Public Works and the Board of Education on plowing, etc. in the vehicles that were needed to do that. She questioned if that is taken into consideration in any of this. The Deputy Director of Public Works responded that our strategy is that if the 1993 Michigan Loader is funded for replacement we would then have this loader accessible for the Board of Education to use for their plowing operations which should help them do their operation quicker and more efficient; they would still need a truck but one that is smaller in size. He noted that the Board of Education requested $70,000 for replacement of the existing truck; the new number that he gave
them was around $45,000. He added that they have also offered assistance if the Board of Education needs to haul heavy materials as the truck being proposed is slightly smaller than what they are replacing; and assistance with their heavier trucks which can make that operation also more efficient because instead of hauling three or four loads they can get it done with one of their big trucks and haul it in one transaction. He noted that to provide them the loader, it is the truck that loads their trucks with sand and salt, moves the snow that piles up at the intersections for sight line issues, and not something that they can give the Board of Education and not have anything. He added that with the loader should we have another major storm like we had this past October, we ran into so much problems trying to have the loader on the property to unload MREs from FEMA, moving it to the storage facility to get the cots for the shelter, run to the west side to move a
tree; loaders do not travel across town that quickly and when they break down you could not rent anything. He noted that the ideal thing would be to fund the new loader, our secondary loader in the winter time could be used by the Board of Education and make their operation more efficient; in the summertime it can be used by anybody. Mr. Evans questioned which piece of equipment is the secondary loader. The Deputy Director of Public Works responded the 1993 Michigan is the one that he is requesting funding to purchase a new one and keep the 1993 Michigan as a second line unit to be shared and as a backup for major emergencies. Mr. Evans questioned that the one for $185,000 would be brand new. The Deputy Director of Public Works responded yes. Mr. Evans questioned if there is a used market for this piece of equipment. The Deputy Director of Public Works responded that there is always the opportunity for something used; you have to be very
sensitive because the costs could go through the roof. He noted that they had bought a used one from the State of Connecticut, it was undersized and no sooner had they gotten it they had to do a brand new transmission in it, in excess of $12,000; they have since lost that unit. Mr. Pena commented that they are not taking the 1993 Michigan out of service but using it as an additional unit. The Deputy Director of Public Works responded that given the Board of Education situation and any potential for other needs they are recommending keeping it as a second line unit. Mr. Pena questioned if the Board of Education was not in play what would we do with it. The Deputy Director of Public Works responded that they would probably keep it for a period of time after the new one comes in and then auction it off through the public surplus site. Mr. Pena questioned that they have communicated to the Board of Education that this unit will be available to them. The Deputy Director of Public
Works responded yes.
The Director of Public Works introduced Tony Garro with BETA, who was selected to do the first Pavement Management Plan in 2007 and brought him back to revisit the audit and look at our streets. Mr. Garro reported that they have been working with Department of Public Works (DPW) and Engineering for approximately five years; they implemented the program in 2008, this is their second round of inspections. He gave a quick overview and goals on Pavement Management and referred to his presentation. He noted that it is about doing the right repair at the right time, for example, on Secret Lake. He reported that the program developed for the Town has a built-in deterioration curve and noted that when you are tracking your roadways and the condition of them it reaches a certain point where it is going to
deteriorate at a faster rate so ideally you are going to catch it at the “fair” location and not let it get into that “poor” category in a perfect world. He reported that they are working in more than fifty towns throughout New England and most of the communities are in the same boat.
Mr. Garro reported that scope of work on the project is to establish a road inventory and a GIS map; the road inventory was established when they did the program the first time five years ago and able to reduce the cost on the project by having the framework already in place. He noted that the field inspection program not only included evaluating the roadways but looking at parking lots and identifying where sidewalks exist and the materials that they are made up of. He reported that once the field inspection program was completed they developed an existing conditions summary and now we are at capital planning for improvements for next year and the next five years. He noted that system maintenance is important and requires updating the database as improvements are completed.
Mr. Garro reported that the Town consists of approximately 105 accepted miles but a total of 161 road miles in the entire community including State roads, private roads, and unaccepted roadways. Mrs. Samul questioned what compromises the unaccepted roadway category. The Director of Public Works responded new development that has not been accepted by the Town. Mr. Garro noted that Avon has a low number; most communities have a higher number than the 6.9 miles that Avon has. He added that Avon has a relatively high number of private streets. Mrs. Samul questioned where Secret Lake would fall. The Director of Public Works responded it would fall under private roads. Mr. Garro reported that all 161 road miles are within the GIS system. Mrs. Samul commented that some of the 6.9
miles we do maintain, some has not yet been turned over to the Town but will be because it is new construction. The Director of Public Works replied that was correct. Mr. Garro reported that the pavement inspection process is the key to the whole program. He noted that the Road Surface Rating (RSR) is a number that goes from zero to one hundred (100 being the best road), that number is calculated based on distresses that exist in the roadway.
Mr. Garro reported that with approximately 105 road miles the overall average rating is a 66 (on a scale of 0 to 100). Mr. Evans questioned if that is good or bad. Mr. Garro responded that it is average from what he is seeing; the lowest community right now that they are working in is a 58, the highest community is a 84; most communities are somewhere between 65 and 75. He noted that when they did their inspections five years ago the Town’s rating was 74. He added that a majority of the Town’s roads are in fair condition with about fifteen miles of road in poor condition and about five miles of road in very poor condition. He noted that the crack sealing program that has been implemented is working and extending the life of these roads and very important to continue to do that
process. He added that 42% of the Town’s roads are falling in the fair category. He noted that there is a backlog of repairs in the amount of $12 million to bring all roads to a rating of 100; it is not realistic so you have to look at that over time and develop a plan that is hopefully going to reach that goal of achieving that backlog over some period of time. He reported that a mill and overlay will extend an road another ten to twelve years and avoiding going into that reclaim category which is going to cost a lot more money and once you get to that reclaim category you have no choice but to reconstruct or reclaim. Mr. Evans commented that most of the reclaimed roads are in excess of fifteen years old. Mr. Garro responded that it could be; it may not be necessarily the age but the volume of traffic it carries, the drainage that exists, the base or non-existent base, the thickness of the pavement, many variables that go into that. Mrs.
Samul questioned if we would have fifteen year old roads in Town without a base. The Director of Public Works responded not that he is aware of. Mr. Garro responded that it is very unlikely. Mr. Samul commented that she would think Secret Lake would be the only area that we would be running into that and those are not fifteen years old.
Mr. Garro discussed some forecasting while looking at existing conditions and where you want to be in ten years and use that as a way to establish your budgetary requirements on an annual basis. Mr. Evans noted that the chart in Council’s packet may not be completely accurate. Mr. Evans confirmed that the dollars needed as projected are per year. Mr. Garro responded yes. Mr. Evans commented that we can do something less and still be heading in the right direction in terms of our road improvements. Mr. Garro responded yes. He noted that asphalt prices are more expensive now so every community is in the same situation by putting more money in but it does not mean that they are doing more; they are just keeping up with the cost of inflation and liquid asphalt. Mr. Evans
questioned if their numbers are inflation indexed. Mr. Garro responded yes, it is part of the model; you have inflation, deterioration, and the functional classification of the roadway that go into the forecast. He reported that they proposing a plan for next year which is about eighteen miles of roadway and includes crack sealing (14 ½ miles) and several mill and overlay projects (4 miles) with a total cost of approximately $1 million. He commented that 16% of the roadways being touched is a good number; ideally you want to be somewhere between 15-20% of your roadways that you are doing some type of improvement on an annual basis. Mr. Evans questioned if any of that includes Secret Lake. Mr. Garro responded that does not include Secret Lake, just the Town accepted roads.
Mr. Garro reported that as part of the field inspections, they also evaluated the existing parking lots. They are grouped into two ownership categories, the Board of Education lots and the Town owned lots. They developed a Lot Surface Rating (LSR). He noted that the Public Works garage parking lot has a rating of 18, in very poor condition. Mr. Evans commented that would be largely due to the heavy machinery. Mr. Garro responded yes and he is not sure what the base is there. He noted that at Town Hall there is a rating of 35, in poor condition. He added that a majority of the parking lots are in poor condition. He reported that based on the conditions and the repairs that the program is recommending the estimate is $2.6 million. Mr. Evans questioned if they are talking
about a complete re-do on the lots or just re-milling. Mr. Garro responded that if a lot is in poor condition like the one at Public Works garage you probably would not reconstruct that and rather complete some other type of activity there.
Mr. Garro reported that the next steps are to talk about funding levels and make a determination, establish some goals, where you want to be five years from now, identify funding sources, are there other sources of funding that can be utilized to supplement your existing budget, and over time make sure that you are adjusting your plan. He added to make sure that your utility improvements are talking to the Pavement Management Program so you are not improving a roadway and then in two years going out and opening it up for a sewer main. He stated that it is important that as improvements are made that the database is updated and re-inspect roadways periodically. He noted that if we have a harsh winter with a lot of frost heaves in the spring, the roadways will deteriorate more at a faster rate than what
their model shows.
The Director of Public Works reported that Mr. Garro’s projection is $1,017,000 for infrastructure improvements and the Department of Public Works has projected $1,010,000. He added that the program has been good for the Town; it is accurate; he always compares his costs to the report. Mr. Evans questioned if any portion of their capital requests include funding to rebuild/reclaim any of the roads. The Director of Public Works responded that it was agreed between he and the Town Engineer that those roads do not belong in the Pavement Management Plan because they would take all of the funds plus.
12/13-09 Town Code of Ordinances - Chapter 18 Illegal Discharge and Illicit
Connection to Stormwater Drainage Systems
Mr. Evans reported that we had been asked to consider a change to our ordinances to make it consistent with State law regulations that govern this charge. He noted that our attorneys have simplified the ordinance to some considerable degree. The Town Manager commented that it may be wise to wait until the January meeting to act on this when the Council Chairman is back and can have a chance to review it as well. He reviewed it and thinking through the comments that we heard at the last Council meeting, the idea was to simplify it. Mr. May questioned why we need an ordinance when we have a Department of Environmental Protection that oversees the entire thing anyway. The Town Manager responded that the reason the ordinance is necessary is that the authorization to operate the Town’s
stormwater management program is delegated by the State Department of Energy and Environmental Protection to the Town through a permitting process, the MS-4 permit, and as part of the administrative regulations that accompany the granting of that permit it is required that the Town have some kind of enforcement mechanism in place to penalize those who discharge illegally into the stormwater system. He added that the issue is that we are coming up for renewal of the permit and we do not have an ordinance in place that allows us to levy a fine if we see somebody pouring used motor oil into a catch basin. Mr. May questioned if we have ever seen anybody abuse the storm sewers that would require penalties like this. He noted that in the medical profession you have wastewater treatment that is required by the Department of Environmental Protection; in his business you have to have a mercury separator. He stated that this is a lot of paper to describe what you want
to do to somebody who illegally dumps oil into a storm sewer. He questioned if it could be made even simpler than what it is proposed. The Town Manager responded that unfortunately when you are dealing with these types of ordinances, especially when they allow for some kind of penalty for prohibited activity, they do tend to get into a lot of language because there is are appeals processes and penalties assessed. He noted that having talked through this with the Town Attorney we can take another look to see if it can be streamlined further but he suspects that at some point it is not going to be able to. Mr. Evans questioned if it is fair to say that the draft of the ordinance that they have is modeled after the regulations. The Town Manager responded yes, the initial draft was modeled after the regulation and that is what we took the scissors to so what Council has now is a pretty dramatically paired back version of what the regulation is. Mrs.
Samul questioned if there is any way we can get around not having a regulation because even though we have DEEP they require us to be the first line of enforcement. The Town Manager responded that is a requirement that we have some enforcement mechanism in place and the Town does not have administrative regulations and it will probably not be correct to have a department level administrative regulation that allows for the assessment of penalties. He noted that any other regulation that we have along those lines whether it is a zoning regulation or aquifer protection they are all adopted legislatively. Mr. Pena commented that if we do not have the ordinance there is no penalty, there is no real enforcement on a local level. The Town Manager responded yes. He added that if we happen to see somebody dumping some chemical into a catch basin today, we would find out who it is, ask for identification, refer them to DEEP, but this really allows us to do
something locally. Mr. Evans reported that the process under which the Council passes an ordinance is something very serious and good that we take our time to make sure this is right because these are the laws that we pass; we have very limited law-making function as a Council and this is one of them. He agreed on the idea to table action on this item and have a full opportunity to vet this and have further discussion on it at their next meeting when the Council Chairman returns.
On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council table agenda item 12/13-09 Town Code of Ordinances – Chapter 18 Illegal Discharge and Illicit Connection to Stormwater Drainage Systems to the January 3, 2013 meeting.
Mrs. Samul, Messrs: Evans, May, and Pena voted in favor.
07/08-08 Library Project: Disband Building Committee
Mr. Evans reported that this came before us in June when we accepted the report of the project, at the time we thanked them for their work and showed our appreciation. He noted that we are at the junction now where we want to adopt a resolution that will officially disband the committee of the building of the library and appoint the Council as the successor committee in case there is any final matters and things that may come up. He reported that the Library Building Committee has met a couple times since June, there is no further need for meetings, and it is time that we now make the official resolution to disband the Library Building Committee. He asked the Town Manager to send letters of thanks to each of the members of the Committee and special appreciation from the Council.
On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Avon Free Public Library Renovation/Addition Building Committee is thanked for their diligent service, since September of 2007, toward completion of the library renovations and additions project, and that responsibility for the final project closeout be transferred to the Town Council.
Mrs. Samul, Messrs: Evans, May, and Pena voted in favor.
VII. NEW BUSINESS
12/13-22 Appointment: Plainville Area Cable Television Advisory Council
The Town Manager reported that we received a letter in November from Plainville Area Cable Television Advisory Council (PACTAC) and they are looking for a representative from the Town. He noted that we will get a brief description of what the responsibilities are. Mrs. Samul questioned if he could include exploration as to whether or not the Board of Education would like to have a person on the PACTAC.
On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council table agenda item 12/13-22 Appointment: Plainville Area Cable Television Advisory Council to the January 3, 2013 meeting.
Mrs. Samul, Messrs: Evans, May, and Pena voted in favor.
12/13-23 Review, Discussion, Set Public Hearing: Acceptance of Storm Drainage
Easement: 54 Eddy Street
The Town Manager reported that last year we had the issue on Eddy Street where the pipes broke; it has long since been fixed, we have extended the pipe and this is the extension of the drainage easement over the new pipe so that we can keep the drainage area clear.
On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council schedules a public hearing to consider the acceptance of a storm drain easement on a certain piece or parcel of land described as “20’ DRAINAGE EASEMENT IN FAVOR OF THE TOWN OF AVON” over parcel number 2170054 (54 Eddy Street) on the map titled “Property & Topographic Survey, Property of Avon Holdings Company, LLC, 54 Eddy Street, Avon, Connecticut, dated 8-6-2012 Scale: 1”=20’ drawing 1 of 1 by Hodge, LLC to be held at the January 3, 2013 meeting.
Mrs. Samul, Messrs: Evans, May, and Pena voted in favor.
12/13-24 Regional Performance Incentive (RPI) Program Resolutions
The Town Manager reported that this is a program that was funded by the State legislature through an appropriation made this past session; this is the second time that the program has been funded, the first time was in 2009 and as a result of that funding we purchased the joint maintenance equipment for the Farmington Rail Trail. He added that this is another iteration of that grant and the reason that there are two resolutions is that for the first Capitol Region Council of Governments (CRCOG) is acting as a conduit for all of the communities in the capitol region with respect to some broader programs. He noted that they have identified a half dozen potential projects and they have been canvassing all of the communities to see who is interested. He reported that out of the menu of potential projects
that we could have participated in these are the six that made the most sense to us and they range from code enforcement software to regional mutual disaster recovery planning; the idea is that CRCOG, once they have resolutions from all of the communities that would like to participate in these programs, will go ahead and submit the application materials. He noted that by Council adopting the resolution it reserves the right for the Town to participate in the project; if we get further down the road and we find that it is not a good fit for us we can drop out.
The Town Manager reported that the second project is a little more specialized; the Assistant Town Manager spearheaded this and coordinated with our Public Works Department, Simsbury and Granby, and our three towns together would be submitting an application for $135,000 to buy asphalt recycling equipment. He noted that you get hot patch and a source in the winter time when the plants are closed and a much better pothole filler. He added that it is useful to have year round and make good use of the material that would otherwise have to be discarded. Mrs. Samul questioned if this piece of equipment something that can be used on the Secret Lake project. The Town Manager responded no. Mr. Evans questioned who keeps possession of this piece of equipment as it is shared between the three towns. The Town Manager responded that it would probably be Simsbury as they are a central location. Mr. Evans questioned if we anticipate any issues about sharing. The Town Manager responded no.
Mr. May questioned who has title to the equipment. The Town Manager responded the Town that stores it.
Mr. May questioned if the resolution for the six proposals involves the Town using any money at all, generating any money to pay for them. The Town Manager responded no, the intent is to cover this 100%; that is one of the areas where as these things mature and the project fills out we get more information about it.
On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council endorses the Regional Performance Incentive Program proposal referenced in Section 5 of Public Act 11-61 (An Act Concerning Responsible Growth) for proposals to be submitted by CRCOG: 1. Code Enforcement Software, 2. Human Resources On-line Clearinghouse and Templates, 3. Human Resources Town Employee Portal-Regional Development, 4. Local Call Log and Management System, 5. Regional Computer Forensics Laboratory, and 6. Regional Mutual Disaster Recovery.
Mrs. Samul, Messrs: Evans, May, and Pena voted in favor.
On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council endorses the Regional Performance Incentive Program proposal referenced in Section 5 of Public Act 11-61 (An Act Concerning Responsible Growth), Joint Provision of Service(s) or Study to be filed with the Secretary of the Office of Policy and Management.
Mrs. Samul, Messrs: Evans, May, and Pena voted in favor.
VIII. TOWN MANAGER’S REPORT/MISCELLANEOUS
Misc. A: Purchasing Update: This item was not reviewed in detail at the meeting.
Misc. B: Construction Update: The Town Manager noted that the Town Manager’s Office renovations are taking a little more time than we anticipated; the vault has been a challenge to get out. He noted that we were thinking that we would be back in by January but looking more like February now. Mrs. Samul commented that it is moving along and there are no other unexpected issues. The Town Manager responded not yet.
Misc C: American Red Cross (ARC) Regional Shelter Proposal: The Town Manager reported that staff has been working on this with the Red Cross for quite awhile now; this came out of the events we had with last year’s October snow storm. He noted that the Red Cross really developed an interest in establishing regional shelters. He reported that Avon and most other communities have an assistance agreement with the Red Cross; the issue is that they only have a certain amount of resources and they want to concentrate those resources in high impact geographic areas, central areas when we have a major event. He reported that they have identified Avon as being an area where they would very much like to have a regional shelter; Social Services started exploring this
with the Red Cross in late summer, worked up some preliminary contract language and then we had an opportunity to give it a dry run with the event that we had most recently. He noted that while we did not have an agreement in place with the Red Cross they did it under the terms of the existing agreement but staffed it as if it were a regional shelter. He reported that the Director of Social Services is going to be having a meeting with Red Cross staff tomorrow to have an after action report. He noted that our initial assessment is that it was really quite well done; the Red Cross can bring a level of expertise and the service for the residents that there is no way that we can compete with. He reported that we have had the Superintendent of Schools and his staff involved in these discussions. He noted that we are comfortable with where things are and we retain the ability to close the shelter when it makes sense for us. He reported that there is
the potential that there may be some services that are not covered by the Red Cross and hard to identify because whenever they open a regional shelter they pay for it but you do not want to get into a situation where you have a broad disaster and other communities decide not to open their shelters and send them to Avon. He reported that over the next month or two he will have conversations with our surrounding towns and have an understanding that this is not going to be the shelter in default and that to the extent we bump into any extraordinary expenses they will not leave us high and dry. Mr. Evans questioned if we know where the other more closely located regional shelters are. The Town Manager responded that there is one in East Hartford. The Assistant Town Manager added that Plainville is being looked at. Mr. Evans commented that you could draw people from a fairly wide geographical range. The Town Manager responded that it could; the Red
Cross has a policy that they will not turn people away so regardless of where they come from once they show up they have access to it. Mr. Pena questioned if there is any cost involved or repair work that we would have to do to our own facility to make sure that we have the services that we need to provide, for example, hot water and showers. The Town Manager responded that we would do that anyway even if we were running the shelter; he is not aware of anything that they require that we do not have in place but he is sure that if there is the Director of Social Services will learn about when he meets with the Red Cross. Mr. Pena commented that we should also know the capacity of what we could handle. Mr. Evans questioned if we would have any concern for a circumstance where Avon residents are turned away in context of an over capacity at the shelter. The Town Manager responded that it is possible. Mrs. Samul commented that if the shelter had been
opened a year ago as a Red Cross facility would we be charging those expenses through FEMA. The Town Manager responded that he is sure we would expense them; it is still a municipal function. Mrs. Samul questioned how it worked with the cafeteria during the most recent storm where the Red Cross was at the school. The Town Manager responded that there were some issues with it and this is the first time that we did it with the Red Cross; if we actually had the agreement in place for the regional process we would have had a meeting that would have set a lot of things up. He commented that whether or not they have reimbursed the Board of Education for their costs through that Special Revenue Fund, he does not know. Mr. Evans questioned where this goes procedurally. The Town Manager responded that he will bring this back to Council. Mr. May questioned if the Red Cross has any other regional areas in other states that we can get the feedback from
those areas to see how it works. The Town Manager responded yes. Mr. May commented that he cannot see turning away Avon residents when they are paying a tax bill here. Mr. Pena commented that it did run smooth during this past storm; a big advantage was having nurses and doctors there. Mr. May noted that there were doctors there that were donating things from their practices and they were not allowed to donate.
Misc D: Commercial & Industrial Property Assessed Clean Energy (C-PACE) Program: The Assistant Town Manager reported that this is a program that was established in Connecticut in 2012; there are similar programs in more than half the states. He reported that it allows commercial properties that want to make energy–related improvements to finance those on their property tax bills. He noted that the Town would have to pass a local resolution, they would then be able to apply directly to the CEFIA, any proposed project gets reviewed and vetted by the State before it is approved; the State also finds third-party financing to do the improvements, and the responsibility that the Town would have would be to administer that over the course of “x” number of
years on the property tax bill. He added that any costs that we incur in administering that are reimbursable by the State so there should be no cost to the Town if they chose to do this. He noted that we had one local business express interest. He reported that to date he learned that Hartford, Bridgeport, Norwalk, Durham, and Middletown have adopted resolutions and quite a few other towns are considering adopting resolutions. He added that it offers a mechanism for businesses that want to reduce their utility costs and do not have the capital to do it to tap into private equity without having to lay out any money and it is recovered over the course of the life of the project on their tax bill. Mr. Evans questioned that the Town would add that to their municipal tax bill. Mrs. Samul commented similar to what we do with sewer usage. The Town Manager responded yes, and it runs with the property out to the future. Mr. Evans commented
that it stays as a lien against the property and the new owner assumes that obligation going forward. The Assistant Town Manager reported that CEFIA will not allow a project to move forward if the additional cost on their property tax bill is greater than the savings achieved through the efficiency.
Mr. Evans commented that there is one item under Executive Session that concerns the pending claim/litigation of the Golf Club of Avon and JZMar, LLC and he is going recues himself from any conversation or any deliberation in regards to that as he is a member of the Golf Club. He does not know that he has a conflict of interest per se, but out of abundance of caution he is not going to participate in that component of Executive Session.
IX. EXECUTIVE SESSION: Real Estate/Land Acquisition
Pending Claim/Litigation - Golf Club of Avon v. JZMar, LLC and
Avon Planning and Zoning Commission
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council go into Executive Session at 9:10 p.m.
Mrs. Samul, Messrs: Pena, Evans, and May voted in favor.
Mr. Evans recused himself at 9:20 p.m.
On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council come out of Executive Session at 9:25 p.m.
Mrs. Samul, Messrs: Pena, Evans, and May voted in favor.
XI. ADJOURN
The meeting was adjourned at 9:25 p.m.
Attest:
Caroline B. LaMonica
Clerk
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