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Town Council Minutes 06/05/2014
AVON TOWN COUNCIL
MEETING MINUTES
June 5, 2014


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. Maguire and Messrs: Pena, Evans, and Stokesbury.

II.        PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Chairman Zacchio.

III.      PUBLIC HEARING:

13/14-88    Neighborhood Assistance Act

The Public Hearing was called to order at 7:30 p.m. by Chairman Zacchio.  Chairman Zacchio waived the reading of the following legal notice:
“LEGAL NOTICE
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, June 5, 2014 at 7:30 p.m. in the Town Hall, Selectmen’s Chamber, 60 West Main Street, for the following purpose:
To consider participation in the Neighborhood Assistance Act in accordance with Public Act 95-268.
Dated at Avon, Connecticut this 2nd day of May, 2014.
                                                                                                                                                                                                                Brandon L. Robertson
                                                                                                                                                                                                                Town Manager”

Chairman Zacchio reported that the Neighborhood Assistance Act (NAA) is something that happens every year with the State of Connecticut; it grants municipalities and non-profits an ability to solicit donations from businesses that are approved so that the business can get a tax credit for giving the donation to the entity.  He added that the Town does not play much a role in it other than we are a conduit for the application process and are by law required to hold a public hearing to collect input from the public and after we close the public hearing and vote on it, the applications are approved and it moves to the next stage where applicants will solicit funds from businesses under this Act and the businesses are able to take a tax credit for it.

Mike Ryan, President of Avon Little League, reported that they have an application under the NAA.  He added that they are a non-profit organization and operate annually on a break even basis where their income from registration and sponsorship and a few other things covers their operating expenses like bats, balls, uniforms, and insurance, etc.  He noted that they are not funded to do anything beyond that so if they want to do any major improvements to Sperry Park which is their primary facility or upgrades to safety netting or install new scoreboards or lights or improvements to their snack shack, they require additional expenditures and they just established a fund for that purpose and they are hoping to be granted the status that the NAA allows so they can go out to businesses and have those businesses contribute to those kinds of capital projects that they have on their radar screen for Sperry Park.

Rob Shillington, President of Avon Volunteer Fire Department (AVFD), along with Fire Marshal and Retired Fire Chief Jamie DiPace, reported that they are requesting $150,000 through the NAA for their Live Training Facility that they are currently trying to raise funds for.  He added that it was an important investment to make and thought it was a great opportunity.  Mr. DiPace shared the site plan of the Facility which will be built in the Town of Farmington right by their sewer plant.  He noted that the AVFD has been visiting a lot of businesses, their corporation has made a substantial donation to the cause, and they are also looking to sell some of their other holdings that the AVFD corporation has.  He shared the presentation that the AVFD is using as they go out seeking funds.  He added that the AVFD is holding a golf tournament to help raise funds and 100% of everything raised in this event will be donated to this project.  He reported that they are also waiting on a substantial donation from a national corporation.  Chairman Zacchio questioned if Farmington is still on schedule for the groundbreaking.  Mr. DiPace responded that July 1st is going to come and go; they had an idea that it was going to be easier than what it has turned out to be so they are continuing their efforts, not giving up, and still hope to break ground for the infrastructure before the end of the year and go from there.  Mr. Stokesbury questioned how far off Route 4 the Facility will be sited.  Mr. DiPace responded it is approximately 1,400 feet off of Route 4 and one of the things that Farmington’s Planning and Zoning Commission liked about the location.  He noted that there is the sewer plant, the Police Department has a shooting range down there, and the Facility will be in the same location as well.  He added that they are working with a couple of companies to do some in-kind services, like the water mains as there is approximately 1,100 feet that has to be run to the project.

Jennifer Bennett, Senior Center Coordinator for the Senior Center, reported that their NAA application is for a new television to assist in their programming as they continue to grow since as of July 1st they will be open five days a week.  She noted that the extra day will increase and enhance their programming and they need to continue to keep their Wii bowling team champions.

Diane Goode, Gifts of Love and Community Farm of Simsbury, reported that Gifts of Love helps people with basic needs like food, clothes, energy assistance, household items, and furniture.  She added that in the past year they just bought the property at 34 East Main Street which they are thrilled about and they just merged with the Community Farm of Simsbury so they can have access to more fresh fruits and vegetables for their clients.  She noted that the Town has been great with the NAA Program for them.  She added that they are working on enabling all farmers and agricultural producers to be part of the NAA tax credit application; right now you have to be an “S” corporation to be involved with it.  She noted that agricultural producers stop producing when prices are low which kills non-profits who would like to access things like milk, meat, fresh fruits and vegetables so they are trying to make it so all agricultural producers can be part of this program.  She asked that any help or insight the Council has on behalf of that they would love to hear about it.

Sgt. Lisa Petkis, Avon Police Department, reported that she is in charge of the cadet program and they are asking for assistance in getting a 15-passenger van or a mini shuttle bus in order to transport our cadets to various events; currently they have a group of 16 cadets with more applications coming in which is great but four people to a police car means multiple drivers, tying up police cruisers that need to be out in the community.  Chairman Zacchio commented that we are a victim of our own success with the cadet program with probably only six members four to five years ago and largely to Sgt. Petkis’ and the Department’s efforts it has grown.  Sgt. Petkis responded that in eighteen months they have over doubled their numbers with more applications for September.

Jim Griffin, The Sam & Elizabeth Colt American Cultural Heritage, reported that they normally submit their NAA with Hartford but he was away in California doing fundraising and Jennifer was kind enough to let us submit it with your Town.  He shared a photo of what they hope to turn the Colt site into recreating what the site looked like in 1855 and turning the historic site into a first class educational tourism attraction for the birth of the Industrial Revolution and the manifest destiny experience in how we went from the Atlantic to the Pacific and the role technology, innovation, and manufacturing, and a little about the guns that won the West as well.  He noted that they think they can bring two million people to Hartford every year to see this; they are working with a number of families to assist with this project.  He added that Colt Park will be renovated to compliment the site.  He reported that their final phase is to bury that one mile stretch of highway between Buckley and the Founder’s Bridge and recapture the River in a meaningful way.  He appreciates the Town’s support on the tax credit program; they have received help in past years from Travelers, Mass Mutual, Cabela’s, and a few other companies.

On a motion made by Mr. Stokesbury, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council close the public hearing.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

On a motion made by Mr. Stokesbury, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the following requests for submittal to the Department of Revenue Services:
         a.  Nutmeg Symphony Orchestra - $82,135.00
         b.  The Sam & Elizabeth Colt American Cultural Heritage Foundation - $150,000.00
         c.  Farm to Family - $50,000.00
         d.  Avon Volunteer Fire Department, Inc. - $150,000.00
         e.  Avon Police Department (Avon Police Cadets) -  $76,220.00
         f.  Avon Police Department (Avon Police Cadets) - $50,000.00
         g.  Avon Police Department (Avon Police Cadets) - $80,000.00
         h.  Avon Police Department (Avon Police Cadets) - $138,570.00
         i.  Town of Avon (Avon Senior Center) - $1,600.00
         j.  Avon Little League - $15,000.00
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

Mr. Evans commented that we are approving to pass these on as a conduit and not endorsing any one particular group versus another, rather we are just accepting our role as members of the Council that they are in proper form, eligible, holding a public hearing to allow people an opportunity to speak, and we are just moving them to the next step.

IV.       MINUTES OF PRECEDING MEETING:  February 8, 2014 Budget Work Session
                                                                                   May 1, 2014
                                                                                   May 27, 2014 Special Meeting
On a motion made by Mr. Pena, seconded by Mr. Stokesbury, it was voted:
RESOLVED:  That the Town Council accept the minutes of the February 8, 2014 Budget Work Session as submitted.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

On a motion made by Mrs. Maguire, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council accept the minutes of the May 1, 2014 Regular Meeting as submitted.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.  

On a motion made by Mr. Pena, seconded by Mr. Stokesbury, it was voted:
RESOLVED:  That the Town Council accept the minutes of the May 27, 2014 Special Meeting as submitted.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

V.      COMMUNICATION FROM AUDIENCE

Anne Marie McFadden, 33 Paper Chase Trail, reported that she has lived in Avon most of her life.  She read, “On August 5, 2010 my oldest daughter Melissa Andrew was killed in a tragic car accident.  In her honor we have established Smiles for Melissa, which is a foundation that over the last three years has funded the American Sign Language teacher at Avon High School where Melissa would have graduated in 2011.  The teacher’s salary will be absorbed by the school budget next year so my family and I have been considering what we shall do in honor of Melissa.  A few weeks ago I was coming home from work and it was raining and I was going up Country Club Road as I live off Country Club Road and the track team was coming over the hill and it was so dangerous, all the kids running in the rain.  We grew up on Carriage Drive just off of Country Club Road, a stone’s throw from Roaring Brook School.  Close as it was she couldn’t walk to school because there was no safe passage.  In high school Melissa ran cross country and track; the team’s daily route was over Country Club Road from West Avon to Lovely Street.  It worries me when I see the long line of runners running along this busy road, just like it worries me when I see the young children trying to maneuver their way to Roaring Brook School.  In Melissa’s memory she would like to help make Country Club Road safe for pedestrians of all ages.  Next summer, believe it or not, marks the 5th year anniversary of my daughter’s death.  In honor of this sad milestone my goal is to raise enough money through donations to Smiles for Melissa to partially fund the construction of sidewalks along the north side of Country Club Road.  I am confident that people will give generously to a cause so many care about and for a girl that so many loved.  With help from a team of knowledgeable fundraisers I expect to run a very successful appeal.  In short term I plan to raise enough money to construct a significant section of the sidewalks and in doing so put the Town and Schools in a position to win shovel ready grants to fund the rest.  In long-term I look forward to seeing Avon residents, young and old, traveling to school, to the library, or just out for a donut safely.  Thank you.”  Chairman Zacchio commented that Country Club Road has been part of our sidewalk plan over the last several years but just have not had an opportunity from a capital budgeting perspective to address anything with the sidewalks, let alone something new.  He added that over the last few years we have been able to catch up on many of the capital improvement program items and as we do the sidewalk program is certainly something that we want to start considering.  He noted that this is a wonderful way to honor Melissa and get us started.  He asked the Town Manager to think through how we might phase that and put something together that makes sense in pieces to be able to start making our way up the road because the priorities then, if you are able to raise money, is how far can we get with kinds of dollars.  He noted that we did have some discussion around this earlier and fortunately we think we can do a lot of the design and engineering in house which would save a significant amount of money and time.  He asked the Town Manager to seek that process and any insights with how we move forward and what kinds of timeframe we can think about, it would be helpful.  The Town Manager commented that the Town Engineer is present tonight on another topic and we have done a lot of feasibility testing on the site.  He noted that approximately one year ago we submitted a grant through the Surface Transportation Program through CRCOG to seek funding for sidewalks; it was a very competitive process and did not make the cut.  He suggested that we take a look at this in sections; the first section would be Country Club Road up to Stagecoach and then Stagecoach down to Lovely.  He added that we would need to survey the property, take a look at what is involved in terms of right-of-way acquisition, come up with a design and from that derive cost estimates.  He noted that there is a lot of work involved in putting all of those pieces together.  He has talked to the Town Engineer and at least coming up with some good design and cost estimate for the initial section up to Stagecoach in approximately two and a half months for Town Council.  Chairman Zacchio asked Ms. McFadden about her timetable with the fundraising.  Ms. McFadden responded that they will be holding a golf tournament next May 2015.  Chairman Zacchio commented that would put us in a shovel ready position relative to seeking a STEAP grant.  He thinks it is a great idea and we should pursue it.  Ms. McFadden asked if they could start raising money.  The Town Manager responded that the next step is for him and the Town Engineer to work on it and by the next Council meeting give a good idea of what the firm timeline is.  Mr. Stokesbury asked procedurally, as he and Mrs. Maguire are new on the Council, if we could get more of the history of our sidewalk master plan and the process for acquiring rights of way and the issues and challenges we might have with property owners to educate us as we go through the process.  The Town Manager responded that he will summarize past efforts for them.  Chairman Zacchio asked Ms. McFadden to hold tight, but we like the idea.

Laura Young, 57 Hitchcock Lane, reported that she is here with the Avon Community of Recreation Neighbor Inc. (ACORN).  She reported that the girls’ tennis team is very happy to report that they won their tournament and relayed for the coaches how much they appreciate having access to the Middle School tennis courts and what that has meant for the team.  She added that for the last $6,000 that they need to raise to put in the lights that they are selling benches that will go along the side of the courts; there is enough room to put eight, but so far have budgets for five benches and hopeful that they will have them sold before June 30th.  She added that they are very hopeful that some funds will be found to do the installation for putting the benches in perhaps within an August timeframe.  She is grateful for the Town’s help.  Chairman Zacchio commented that Council is grateful for your help and without you getting it started we would not have probably had it within the capital improvement program (CIP) until this year so it truly is a community effort.  He added that Council has been working on how to find funding for that; this year’s budget is tight and we did not anticipate for next year’s budget the $21,000 in order to get the lights moved.  He noted that they have a few ideas, including one that is floating out with a current grant that they are seeking approval on and hope within the next week to find out whether or not it works for us and if it does we will be in a good position to move forward.  He thanked Ms. Young.

VI.       COMMUNICATION FROM COUNCIL

Mr. Stokesbury reported that we are in the high season for high school graduation and it is an exciting time.

Mrs. Maguire commended the Town on the wonderful Memorial Day services we had; it was a beautiful day.  Chairman Zacchio commented that he drives his antique car in the parade and takes some of the veterans who can no longer walk so they have been soliciting more and more cars as more veterans cannot walk the distance.

Mr. Pena reported that the Memorial Day event, in his opinion, is one of the best events that we have in Town; it is a small town America community, made up of people who live here participating here, and the ceremony afterwards.  He added that the VFW Post is very active and hopes it continues by having more veterans involved in it.  He also reported that if you have not had the opportunity, to visit the Avon Free Public Library who currently has a very good presentation from the First Company Governors Horse Guard.  He noted that Glenn Grube, Library Director, has done a great job in presenting it.

VII.     OLD BUSINESS

13/14-48     Thompson Road Recreation Complex-Appointment of Architect

The Town Manager reported that we received proposals from nine firms with respect to the RFP put out for landscape architect services for the proposed facility on Thompson Road.  He added that we had the Parks & Recreation Committee as well as Town staff review the applications, the group interviewed four finalists and the group met yesterday morning to finalize a recommendation.  The unanimous recommendation is to appoint BSC; references have been checked, they come very highly recommended, have done similar projects, and their price was very competitive.  He noted that BSC will bring us through the pre-referendum/design process.  He is looking for authorization to execute a professional services agreement with BSC and get working with the Parks & Recreation Committee to come up with a design.

Chairman Zacchio questioned that with the estimates received for phase two, post-referendum services through construction if we would have to go back out to an RFP bid process for that or would be open to contract with these folks directly.  The Assistant Town Manager responded that it would be similar to the Library Project where Tuthill and Wells took us through the referendum and beyond.  Chairman Zacchio commented that this is not competitive bid based off the pre-referendum services; the other estimates for phase two were a competitive bid.  The Town Manager responded that would change as we go through the pre-referendum process since our needs will become better defined and help us to get a cost for phase two services.  He added that we can always go out to a competitive bid if for some reason we are dissatisfied with the product that we get on the first phase.  The Assistant Town Manager reported that the $31,000 would be the meetings and design to get drawings and cost estimates to go to referendum and then the $91,000 would be based on the scope we provided, all of the items except the track and the field house which were listed as add alternates; the $116,000 would be if we decide to do the add alternates; both include construction documents, bidding, and construction management.

Mr. Stokesbury commended staff and the Parks & Recreation Committee for their hard work in delivering this on a tight timetable.

On a motion made by Mr. Evans, seconded by Mr. Stokesbury, it was voted:
RESOLVED:  That the Town Council authorizes the Town Manager to execute a professional services agreement for architectural services with BSC for the scope as outlined in the RFP document.
Mrs. Maguire, Messrs: Zacchio, Evans, Pena, and Stokesbury voted in favor.

13/14-76     Appointment: T.C. Representative for Lakeview Association (12/31/2015)

On a motion made by Mr. Pena, seconded by Mrs. Maguire, it was voted:
RESOLVED:  That the Town Council table agenda item 13/14-76 Appointment: Lakeview Association (12/31/2015) to the July 10, 2014 meeting.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

13/14-78     Appointment: Building Code Board of Appeals (R – 12/31/2015)

On a motion made by Mr. Pena, seconded by Mrs. Maguire, it was voted:
RESOLVED:  That the Town Council table agenda item 13/14-78 Appointment: Building Code Board of Appeals (R – 12/31/2015) to the July 10, 2014 meeting.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

13/14-84     Appointment: Planning & Zoning Commission – Alternate (R – 12/31/2015)

On a motion made by Mr. Pena, seconded by Mrs. Maguire, it was voted:
RESOLVED:  That the Town Council appoints Joseph Gentile as an alternate member to Planning & Zoning Commission to fill a vacancy with a term to expire on December 31, 2015.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

VIII.    NEW BUSINESS

13/14-92     Eagle Scout Proclamation: Justin Alessio

Chairman Zacchio reported that tonight Justin Alessio, an Eagle Scout, is present to receive his proclamation which he read to him.  Mr. Alessio reported that he has finished his freshman year at UCONN, received his Eagle Scout last year, and his Eagle Scout project was by the Derrin House across from the Governor’s Horse Guard there is a state park which he renovated and cleaned up one of the trails and put in a hitching post for the Horse Guard and put up a trail head with a map.

Mr. Stokesbury commented that as a fellow Eagle Scout he congratulated Mr. Alessio on the project and the achievement and know that it will serve you well through your life’s endeavors, congratulations.

Mr. Pena commented that he knows the family.  He usually attends the Eagle Scout ceremonies and thoroughly enjoys attending them.  He added that it is not only an individual project but a family project many times; it is a great accomplishment and congratulations.

Chairman Zacchio read and presented to Justin Alessio the following Proclamation:
JUNE 5, 2014
JUSTIN ALESSIO
Permit the Town Council to join your many friends in offering our heartiest congratulations upon your achievement as an Eagle Scout.
This is indeed an appropriate honor for the many years you have spent as a Boy Scout.  As a Boy Scout you have had to show qualities of leadership, integrity, loyalty, and service to your troop, community, school, church, and your friends.
The high standards of the Boy Scouts of America are well known and your elevation to Eagle Scout most certainly attests to your fulfillment of their high standards.
Congratulations on your outstanding achievement!

13/14-93     Review, Discussion, Set Public Hearing: Request for Easements to CL&P
                        and acceptance of Open Space for Stratford Crossing Subdivision

Attorney Robert Meyers reported that these requests are for the recently approved Stratford Crossing Subdivision which runs between Haynes Road and Lenox Road; the roads will be connected which has been long part of the Town’s development.  He noted that when a subdivision is approved there are regulations required and in this case the land being given to the Town is far more than the amount required and asking the Town to accept pursuant to the requirements of the Planning and Zoning approval.  He added that in order to build the houses we need to obtain electricity and in order to do so asking the Town to grant an easement, as required by CL&P, not just for the right-of-way of public roads but for ten feet on either side of the right-of-way.  He noted that these areas are on land that is open space deeded to the Town.  Mr. Evans commented that in terms of the order of the recording, you deliver the deed but you record the easement right behind the deed assuming a successful public hearing.

On a motion made by Mr. Evans, seconded by Mr. Stokesbury, it was voted:
RESOLVED:  That the Town Council set a public hearing to consider acceptance of 2 parcels of open space totaling approximately 13.2 acres, as shown on Subdivision plans for “Stratford Crossing, prepared for Sunlight Construction, Inc., 44 Lenox Road, Avon, CT, dated 9/17/13, revised to 5/21/14, Denno Land Surveying & Consulting, LLC and to consider granting of easements to CL&P for purposes of installing a service distribution system for a recently approved subdivision known as “Stratford Crossing.”  These easements are to be conveyed over a strip of land owned by the Town (strip located between Parcels #2600207 and #2600213).  Three (3) additional easement locations are located over property to be deeded to the Town as open space.  All easement areas shown on map entitled “Stratford Crossing Plan Showing CL&P Easement Areas To Be Granted by the Town of Avon, 44 Lenox Road, Avon, Connecticut, dated 5/6/14, Denno Land Surveying & Consulting, LLC” to be held at the July 10, 2014 meeting.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

13/14-94     Review, Discussion, and Possible Approval: Avon Old Farms School –
                        Plan of Conservation & Development Amendment – Chapter 11

Steve Kushner, Town Planner, reported that the property is zoned Education Land (EL) and has been for decades and there is no change contemplated at this time.  He noted that the current Plan of Conservation and Development was adopted by the Planning and Zoning Commission in 2006 and the proposed amendment builds on the 2006 Plan.  Some of the important recommendations in the current Plan in that the holdings that the School has, particular the land south of Old Farms Road and the land that would be south of the new proposed alignment for Old Farms Road if it is built would still remain in the Plan as one of the highest priorities for open space preservation; the current Plan talks about the desirability of trying to acquire that if the School ever decided that they wanted to sell it or to preserve it in some other means such as acquiring a conservation easement.  He added the current Plan also talks about the desirability of encouraging some kind of cluster and residential development if in fact the School decides in the future they need to sell some or all of that land if the Town is not in a position to be able to buy it and the School was wanting to sell it to a private developer and preserve a certain amount of open space where possible.  He noted that as we move forward and continue to have conversations with the School about the road they came up with another idea to build on the 2006 Plan and create an opportunity where under the EL zoning district without having to rezone the property to residential we could create an opportunity within the zoning regulations to permit this kind of cluster development discussed in 2006.  He added that the new language goes even further to say that in addition to cluster development there could be other kinds of uses such as a nursing home or the assisted living facility that is being built across from Riverdale Farms right now or some other kind of use like that and they were trying to think about equivalency factors in the zoning code and create an exchange where if we think the property is suitable to x number of residential units it could be some other kind of assembly of uses that would result in the same kind of impact and yield approximately the same amount of revenue for Avon Old Farms School if they were needing to sell the property in the future.  He noted that the Planning and Zoning Commission will be conducting a public hearing and if they adopt it the next step would be to draft some amendments to the zoning code itself.

Mr. Stokesbury questioned the red line that walks its way across the Plan.  Mr. Kushner responded that is the aquifer protection boundary.  Mr. Stokesbury noted that it is irrelevant to the conversation.  He questioned with regards to the proposal as outlined if it restricts the options that the School would now have.  Mr. Kushner responded no; under the Education Land (EL) zoning district now the range of opportunities that the School has is rather limited to school use.  Mr. Stokesbury commented that we are building on allowing more opportunities within the current zone.  Mr. Kushner commented that what we keep hearing from the School is that there are no plans to sell property in the near term but throughout their history that has not been the case; they sold property that resulted in the Devonwood subdivision, sold the land to the west that became Stony Corners.  He noted that the idea would be that if the School found themselves in that position financially where they need to do that we hope that they would come to the Town first and taxpayers would decide whether or not it was in their interest to purchase but if we could not afford to buy it because the acquisition costs would be very large it seems reasonable to think that their next step would be to perhaps sell some other land to a real estate developer which is what they have done in the past and what the School would likely do is ask the Planning and Zoning Commission for a zone change to a conventional single family residential zone.  He noted that the 2006 Plan says that now.

Chairman Zacchio commented that the Plan of Conservation and Development seeks to set policy and/or lead in expectation of how we would like to see things developed but does not really encumber the School in terms of what they could apply for but the Planning and Zoning Commission would have policy in order to help them guide them in the decision-making.  Mr. Kushner added that although we are creating this opportunity it also does not guarantee this would be the course that would be followed.
Mr. Evans questioned why this is on our agenda.  Chairman Zacchio responded that we play an advisory role as part of the Planning and Zoning Commission’s public hearing would be to acknowledge that Council has been advised of this and we can support or not support it; we do not have a role in terms of its approval but an advisory role by Charter this comes before us.  The Town Manager commented that as per Connecticut General Statute 8-23 the Plan of Conversation and Development has to be amended at least every ten years and can be amended in the interim but what both processes require is a referral to the local legislative body, in this case the Town Council.  He added that the Town Council could independently decide to hold a public hearing on the proposal, do nothing, or in this case he is suggesting because our interest and the School’s interest are aligned on this front that Council ask the Town Manager to prepare a letter of support for this amendment to the Plan of Conversation and Development.  Mr. Evans questioned if there are other circumstances where we are asked to give advice to the Planning and Zoning Commission.  The Town Manager responded no.  He added that it speaks to the importance of the Plan of Conversation and Development; it is our most important policy and planning document and the Statute contemplates the local legislative body having a role in that process.

Mr. Pena questioned if this comes back to the Council at the end.  Mr. Kushner responded that when the Commission updates the Plan again for 2016 they will go through a formal public hearing process and there will be lots of opportunities for public input along the way and when we get to the end there is another formal public hearing scheduled they will do the same kind of referral you are seeing here tonight.

Mr. Evans commented that the proposed additional text is fairly long and complex and not sure he fully has an appreciation for all of the possible ramifications of the additional changes.  He asked if it is permissible for us to remain neutral or do we have to take action on it.  The Town Manager responded that the Council does not have to take any action at all and the public hearing would still go ahead as scheduled without any comment from Council on the proposed revision.  He added that he does not know if it would have any impact on the eventual adoption or not on the proposal.  Chairman Zacchio commented that a public hearing matter and the details of how it is written are a function of the Planning and Zoning Commission and Council remaining neutral does not affect how this goes through Planning and Zoning.  He added that today we have a Plan with a broad view on how that land might be used; this seeks to narrow that view and recommend and support the idea of a cluster development that would give more open space and more buffer however it does not preclude the land owner from applying for and going down any path that sits today.  Mr. Kushner responded that is a very good summary; the current Plan has a clear recommendation that the top priority is to preserve the majority of that property as open space in as many creative ways as we could possibly think of.  He added that this amendment retains that recommendation as the number one priority; in the current Plan we say that if that is not possible it may be reasonable for the Planning and Zoning Commission to consider a zone change to either the R40 or RU2A zone and the proposed change affects the Education Land (EL) zoning regulation which currently has a narrow range of uses and would eliminate that pressure and no need to rezone the property, leave it EL and hopefully accomplishes a development that will be more desirable for the community.  He added that if the Planning and Zoning Commission goes that way they would then make those cluster uses permitted by special permit under the zoning regulations.  Chairman Zacchio commented that this seeks to document what the Town would feel is a better use and development; the idea of cluster developments even in 2006 was more condos and is now more assisted living and there are some different ideas that gives a unique opportunity.  Mr. Kushner added that to accomplish this more compact style of development we are going to need public sewer to make that happen.  He, the Town Manager and Town Engineer have been working with the State of CT Office of Policy and Management and the State of CT Plan of Conservation and Development where the State Plan identified these holdings owned by Avon Old Farms Schools as a high priority for open space preservation as well for the same reasons that we are talking about.  He noted that in the initial draft of the rewritten State Plan the State said that they do not think it is appropriate to serve this area with public sewer because if it is made available then it encourages development as opposed to the goal of the State to preserve it as open space.  He added that we made a successful argument to the State that there were creative ways to provide public sewer service to this area and concentrate development in a more compact fashion resulting in as much as fifty percent of the property being preserved as open space and the State agreed so they have changed the language in the State Plan to theoretically make it possible.  He added that if the School decides to sell $10 million of their property and we can take advantage of a State grant and through taxpayer funding the Town might want to purchase that and also contains language that could be interpreted in a way where the State could also make a finding that preserving as open space and using State resources to do that is consistent with the Plan as well.

Mr. Stokesbury questioned how the text change before them was developed.  Mr. Kushner responded that he prepared the initial draft and the Avon Old Farms School has been working with Glenn Chalder with Planimetrics to advise the School and he recommended a number of changes of which most were incorporated into the Plan; it was not anything of great substance that changed the intent of what we were trying to do but there was some wordsmithing and other changes that got the School more comfortable with the change.  He added that the School is 100% on board and have been calling the Town Hall to see how quickly we can have a public hearing to make the change.

Mr. Evans appreciated the additional explanation from Mr. Kushner; it was helpful.  He added that if this is something that Mr. Kushner has been working on and meets with your approval/recommendation as being something that is good for the Town in addition to the Town Manager suggesting that this Council should support this, he will give the support because he also trusts that the Planning and Zoning Commission will act responsibly with respect to it; it seems to be the right thing to do.  He wants to make sure that we are approaching this from the right perspective.

Chairman Zacchio reported to the Town Manager that there is consensus among the Town Council to send a letter to the Planning and Zoning Commission in support of the language change.  He also thanked Mr. Kushner for the explanation.

13/14-95     Review, Discussion, Set Public Hearing Date: Road Acceptance for Hidden Oaks

Chairman Zacchio reported that all of the requirements have been met for this item and the Engineering Department has been in lock step with the development of this road and recommending that we set a public hearing.

On a motion made by Mr. Stokesbury, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council set a public hearing to consider the acceptance of the title of road and all appurtenances thereof for Hidden Oaks as shown on map titled “Proposed Subdivision Plan for Hidden Oaks, #173 & #181 Arch Road, Avon, CT dated April 4, 2012 prepared by Kratzert, Jones & Associates Inc. to be held at the July 10, 2014 meeting.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

13/14-96     Sewer Project-Mainline Extension to Berta Lane/Tamara via Old Farms Crossing

Chairman Zacchio reported that there is a developer building a new home on the piece of property at the end of the cul-de-sac and we have an opportunity to pull sewers up to that point and it is a unique opportunity now because we are going to be putting water in and since the home is under construction the developer is willing to grant us the easement through the property and would be able to get the sewers pulled up there and hooked up in lieu of a septic system.  He noted that if we were not to go in this direction it would be difficult to do in the future and Tamara Circle is number twelve on our list of seventeen neighborhoods from a priority perspective to get sewers pulled to so this looks like a win-win.  He added that we would have to do two things tonight if we agree: 1) accept the supplemental appropriation request for approximately $130,000 that will come out of the Sewer Fund which is a health fund at this point and then collect back those monies when we extend sewers throughout Tamara Circle and Berta Lane and 2) waive our bid process as the firm that is already putting in the water will be trenching and we would be able to work with that firm closely to get the sewers in and gravity feed that entire neighborhood without pumps which is a bonus.

Mr. Stokesbury clarified the priority being twelve out of seventeen with seventeen being the highest priority so it relatively high towards the priority list.  He questioned if outflow goes through the Sandscreen Road neighborhood.  Larry Baril, Town Engineer, responded yes; it goes through the Old Farms Crossing neighborhood.

The Town Manager commented that there is typically more lead time but this opportunity just came up and the developer, Michael Mansour, is out there now, the foundation is in and he is ready to move forward.

On a motion made by Mrs. Maguire, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $130,000 from Sewer Fund, Other Financing Sources, Unassigned Fund Balance Account #05-0390-43913 and transfer from Sewer Fund, Other Financing Uses, Interfund Transfers-Out Account #05-8700-58000 to Capital Projects Fund (Facil & Equip), Town CIP-Facilities, Berta Lane Sewer Extension Project, Account #02-4829-53394 and Capital Projects Fund (Facilities & Equipment), Other Financing Sources, Interfund Operating Transfers-In Account #02-0390-43918 in the amount of $130,000 for the purpose of the Berta Lane Sewer Extension Project.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

Larry Baril, Town Engineer, reported that the key with waiving the bid process is about timing related to this opportunity.  He noted that the developer is developing this lot, Suburban Sanitation is going to bring water up to that neighborhood for the water company, we have had Suburban Sanitation do work for us before and they are qualified and excellent to work with.  He added that the developer is allowing us an easement which gives him access to sewers for this property, but his window is short as he is committed to a closing date for this house that is sold.  He noted that the developer has six weeks with some flexibility and we cannot get a bid out, back and approved within that period of time.  Chairman Zacchio commented that since they are already trenching for the water there is some credit for that work being done anyway.  Mr. Stokesbury asked if the Town Engineer is professionally comfortable with the price being offered to us from Suburban Sanitation.  The Town Engineer responded that we ended up getting them down approximately 40% and he is very comfortable with it now.  Council extended their thanks to the Town Engineer for a great job; it is a big win for the Town.

On a motion made by Mrs. Maguire, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council waive the competitive bid process in order to award the contract directly to Suburban Sanitation Services to complete water main work for the Berta Lane Sewer Extension Project.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

13/14-97     Contract Recommendation: RBS Fire Alarm System Replacement

Chairman Zacchio reported that after two years of funding we have enough money in this year’s capital budget to completely replace the alarm system at Roaring Brook School.  He noted that the recommendation is not for the lowest bidder as they were not qualified in terms of what needs to be done and as a result the award is being recommended to the next lowest bidder.

Mrs. Maguire commented on the timing of this installation with the tile and ceiling work going on and working without the fire system in place.  Mr. Stokesbury commented about the potential conflict with recreation summer camp going on at the school at the same time as well.  The Town Manager responded that the only conflict is with youth basketball camp but they have been advised about the situation and will work around it.  The Assistant Town Manager commented that with the ceilings we had the very favorable bids for the floorings and ceilings for the schools the preconstruction meetings for both scopes have taken place.  He noted that there is time for all of the work to get done and there is also some capacity at the end once the ceilings are done and the system is in if Peter Gaski, Director of Facilities, determines that additional work should be necessary.  Mrs. Maguire questioned how long the entire process will take and the school not accessible.  The Assistant Town Manager responded that the work will be done by August 15th.  Mrs. Maguire asked what if asbestos is found; will that delay things.  The Assistant Town Manager responded probably not; there is money to accommodate any possible asbestos and it would be a fairly quick remediation process.  Mr. Stokesbury commented that this range of bids reaffirms why we go out to bid and noted on the prior agenda item that the Town Engineer challenged the proposal from the vendor and working it; he feels that both systems work as needed when needed.  He commended the Board of Education for their hard work on this and cooperation with the Town to get this very important project done; it is a tight timetable and the Town and School will be better for it with it done.

On a motion made by Mr. Pena, seconded by Mrs. Maguire, it was voted:
RESOLVED:  That the Town Council awards a contract to AM Electric Company LLC of North Haven, CT for the Roaring Brook School fire alarm system replacement, based on their bid in an amount not to exceed $138,500.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

13/14-98     Agreement with Canton for Assessing Services

Chairman Zacchio reported that the Assessing agreement is fundamentally the same as we have had with Canton for twenty years; this one represents a fiscal year 2014/2015 fee increase of 2.5% so the value of the reimbursement back to Avon is going to go up to $55,932.

On a motion made by Mr. Stokesbury, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council authorizes the Town Manager, Brandon Robertson, to sign and execute an agreement with the Town of Canton for assessing services for a period of one year from July 1, 2014 through June 30, 2015.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

13/14-99     Sign Tax Warrant (Rate Bill)

Chairman Zacchio reported this is the rate bill gives Deborah Fioretti, Tax Collector, the authority to collect the taxes on the Town’s behalf.

On a motion made by Mr. Evans, seconded by Mrs. Maguire, it was voted:
RESOLVED: That the Town Council authorizes the signing of the Tax Warrant/Rate Bill, as presented.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

13/14-100    Supplemental Appropriation, Board of Education-$64,270

Chairman Zacchio reported that request is for the purchase of a number of technology carts.  John Spang, Assistant Superintendent of Finance and Operations, reported that this is a request to buy notebook computers to be used in their classrooms and continues the concept of mobile labs that can be used from classroom to classroom.  He noted that each cart carries up to twenty-five computers and moving away from Macintosh labs and into notebooks as we move forward.  He added that the money for these items will come from additional money from their Choice program; they budgeted for 102 Open Choice pupils but this year they had 112, those ten extra students were $6,000 each plus a $4,000 of bonus money so the total of $64,270 will pay for the five mobile carts.  The Town Manager commented that we have already received the funding.  Chairman Zacchio commented that this would be an item to be worked through the capital budget next year so this is something that takes that out of play.  Mr. Spang responded yes.  Mr. Stokesbury asked Mr. Spang to briefly explain the procurement process for purchasing these products.  Mr. Spang responded that they have been pretty successful with reverse auction last summer for 500 computers, both laptops and desktops and received quite a savings.  Mr. Stokesbury asked about their experience with that final bid acceptance price versus a State contract rate.  Mr. Spang responded that the reverse auction is lower than the State price; Dell happened to be the winning bidder on the 500 computers last year, estimating a $60,000 savings.  Mr. Stokesbury questioned if there are any other Towns piggybacking.  Mr. Spang responded not on this bid.  Gary Mala, Superintendent of Schools, commented that since the inception of using reverse auctioning approximately three years ago their savings has been twenty to thirty percent lower than the State contract rate on every item they have procured that way.  Mrs. Maguire questioned where these carts will be housed.  Mr. Spang responded that they would like to purchase five, one for each school.  Mr. Mala added that the research on these items is not to put them in one location as we have now; it is to bring the lab to students so they are starting the movement to create opportunities to have carts in each room but that is a long term goal.  He added that the concept is to give a cart to a grade level, a department at the high school and then deploy it as the schedule allows cooperatively.

On a motion made by Mrs. Maguire, seconded by Mr. Stokesbury, it was voted:
RESOLVED:  That the Town Council hereby recommends that the Board of Finance amend the FY 13/14 Budget by increasing:
REVENUES
General Fund, Intergovernmental, Education Program Grants (Excess Cost/Choice Attendance/K), Account #01-0330-43343, in the amount of $64,270
and increasing
APPROPRIATIONS
General Fund, Board of Education, BOE Expenses, Account #01-9401-55000 in the amount of $64,270, for the purpose of purchasing instructional computers.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

IX.       TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A:  Purchasing Update:  The Town Manager reported that regarding the solar project there had been conversation about the Public Works Facility and because of the size of the installation it did not qualify for medium to large LREC/ZREC auction process so it was in a different cue; we had previously reported that we did not think there was much of a chance to get the award, well, it appears that we have received the award.  He noted that we were 340 in a cue of 400 which means the project really has merit; no authorization by Council is required at this time and will report back as we move forward.  Mr. Stokesbury asked if we have results from the larger project.  The Town Manager responded no; that auction process closes July 17th and will have results soon after; we are finalizing the PPAs.

The Town Manager reported that the Assistant Town Manager recently met with representatives of the Avon Volunteer Fire Department and trying to finalize the bid spec for the fire apparatus so we can get it out on the street and get some pricing.  The Assistant Town Manager reported that there is another meeting on June 16th at which point they should be delivering the specs at which point we can put together the bid documents with a target of beginning of July to have the bid out.  Chairman Zacchio questioned if they will use the same specs for the next piece.  The Assistant Town Manager responded that he thinks the AVFD is anticipating that the trucks will be slightly different but utilizing the same chassis so the specs will be running parallel but a single manufacturer will probably bid on both and provide some savings by utilizing the same base and then building the truck to meet each specific spec from there.  He noted that the goal is to receive a handful of bids and then the AVFD can go through them and determine what is in its best interest and make the most sense for its operations.

Misc. B:  Construction Update:  The Town Manager reported that we have received the $450,000 STEAP grant through the last round of funding and the plan is to extend sidewalks on Simsbury Road heading north; we will continue with the current programs, granite curbing, sidewalks, and will start from the south end of Simsbury Road filling in with some decorative lighting.  He added that we have talked to the owner of Avon Wellness who are happy to grant us an easement so we can continue and Planning and Zoning Commission had the foresight when they were working with LCB to require sidewalks on the west side of Simsbury Road and setting the table for the eventual build out of Avon Park North.

He reported that the big road improvement project for the coming fiscal year will be a section of Country Club Road.  He noted that they will stay ahead of public notices to the extent that there is going to be any disruption in traffic and the inconveniences so people can plan ahead.  He added that the Assistant Town Manager has been working with the Avon Historical Society to get a matching grant through the Connecticut Trust for Historic Preservation and with that money they are replacing windows at the Pine Grove Schoolhouse.  He reported that the Assistant Town Manager is continuing to work with the Superintendent of Schools’ staff on the ADA compliance projects at the high school and to make sure that all of the Board of Education projects are teed up and ready to go for the summer season.  He reported that when the Town Engineer’s schedule permits he will get back to looking at Avon Middle School and the drainage situation.

Misc. C:  Avon Middle School Tennis Court Lighting:  The Town Manager reported that he sent a letter to Office of Policy and Management (OPM), the grantor for the STEAP grant, and the possibility of re-programming some of those dollars that were awarded for the Simsbury Road sidewalk project to the tennis court lighting project.  He noted that DECD gave us a favorable read who administers the funding.

Misc. D:  Household Hazardous Waste Collection:  The Town Manager reported that this is the second year that we are working with Simsbury, Canton, and Granby; very successful last year and will be as successful again, getting public notices out there and the event will be held in Simsbury on Saturday, June 14th.

The Town Manager reported that we have the Farmer’s Market at the Avon Free Public Library starting on July 7th with twelve vendors lined up and continues through August.

The Town Manager reported that tomorrow is the Avon Senior Center’s 25th Anniversary Celebration.  He plans to attend and say a few words.

The Town Manager reported that he and the Assistant Town Manager are members of International County and City Management Association (ICMA); they have come out with a new campaign called “Life Well Run” and talk about the benefits of the profession and have done a really good job distilling it.  He noted that on Wednesday they had their annual Connecticut Town and City Managers Association (CTCMA) meeting, an affiliate of ICMA.  He also shared news that Steve Bartha, Assistant Town Manager, was recognized by his peers at the meeting and is really the first Assistant Town Manager in a very long time who has been elected President of the CTCMA.  Council extended congratulations; very well deserved.

Mr. Pena questioned the status of the Avon Water Pollution Control Authority’s infiltration/inflow project that Council approved a few months ago.  The Town Manager responded that the company has been working on it, they have done some of the metering, we have had a very good spring for this so they are in the field now, taking the measurements, and the next step will be to identify the areas where you are seeing the excessive amounts of infiltration.  He added that we will get a short-term tactical operating series of needs and a more strategic capital budget process that will need to address those areas.  Mr. Pena questioned how much of the $400,000 we have utilized.  The Town Manager did not know at this time.  Mr. Pena questioned if any residents saw the company on their property, etc.  The Town Manager responded that we have not had any calls about that.  Mrs. Maguire questioned the $130,000 from the Sewer Fund.  The Town Manager responded that the Sewer Fund has a healthy balance.  He noted that there are a few capital projects that are open in Fund 2, the Haynes Road appropriation which we ended up not needing so at the conclusion of this fiscal year, for all of the capital projects that have residual balances we will go through and sweep those into Unassigned Fund Balance.

Tracey Backman, 112 Somerset and Kathleen Davenport, 92 Somerset – Ms. Davenport read the following letter, “I would like to respectfully request that a new plan for a turf field, the same size as the current football field at the high school, be created to serve as a comparison to the project at Thompson Road.  Currently, on the website there is only a comparison showing a full sized field being built at the high school which would require a lot of construction.  The people of Avon deserve to know that a turf field could fit into the existing space without construction.  It could be a viable option to building a huge stadium complex away from the high school on land that was supposed to be used for open space or regular recreational fields.  As you are probably aware, the town of Farmington is in the process of building a turf field the same size as their football field at Farmington High.  I do not see why we cannot do the same.  According to Newell Porch, Coordinator of Athletics, all field sports teams can play both regular and tournament games on the existing size field even though it is considered “minimally sized” for soccer.  Let’s keep in mind soccer still has a beautiful facility at Fisher Meadows in which they can play.  If they would like to play evening games at the high school, as they have in the past, they can play them on the turf field.  It has not affected their performance as they have won most of their games at night with the exception of playing Suffield.  As a point of reference, Farmington soccer plays off site and not at the high school.  Last year, their boy’ team won the state championship.  Another issue to keep in mind is the declining student enrollment in Avon and elsewhere.  There are fewer students overall and with the increasing number of magnet and private schools in the area, many students are attending schools out of town.  In a Hartford Courant article dated September 19, 2013, Superintendent of Schools, Gary Mala, acknowledged this trend.  The Board of Education even hired a consultant, Peter Prowda, a former official for the State Board of Ed, who gave his opinion that enrollment may fall to 2,500 by 2022 - a decrease of 872 students from just this past September.  This decrease of students represents a drop of 1,100 students from 2007 when the Master Plan was written.  Why would we build a huge off-site stadium for fewer students?  What about the future costs of such a project?  By building a new stadium complex we are duplicating facilities that already exist with the high school.  Locker rooms, bathroom facilities, bleachers, the concession stand and newly resurfaced track are already in place at Avon High.  Why build and then have to maintain all of that when it already exists somewhere else?  Transportation costs should also be considered.  We have to bus teams to the facility every day for practice or games.  Yet another unnecessary future expense.  Speaking of transportation, traffic is going to be a large concern.  Thompson Road is a rural, winding, narrow road prone to accidents.  It is also located close to the Farmington border therefore most of the traffic will be coming from the north on West Avon Road because Old Farms Road is in such disrepair.  A new field at Avon High is more accessible because traffic is able to enter or exit in two directions.  I have also heard that the Thompson Road Stadium Project would be “good for the entire town.”  I have to take exception and disagree with that.  Placing a turf field at the high school would be better for the town.  Such a large scale project really only benefits the student athletes, their fans and families.  If people are interested in doing something that would benefit the entire town then they should consider an indoor pool or track or even a dog park.  Then people of all ages, young and old, with or without children in the school system could participate.  To conclude, I believe the turf field belongs at Avon High.  The people of Avon should be made aware they can have another option.  This solution would be quick and easy to accomplish and would cost less for the town to maintain in the future.  Let’s keep it simple let’s keep the fields at Avon High School!  Thank you.”

Ms. Backman added that she lives close by, she drives that road and also walks her dog along the trail and she loves looking up at the open space, the corn fields, the red barn, the geese; she loves living in Avon and in the summer when she is walking she feels like she does not have to go on vacation because she is in such a nice place; the open space factor is something that she likes.  She added that if the athletic complex project had to be developed she wished it could be more lightly developed or used for other than school age children because she feels like there is so much focus in Avon on school age.  How about as we get older?  She feels like so many people that she knows, once their kids get educated they leave, a transient place.  Her kids are in private school so she is here because she likes it but if it becomes this factory, you develop everything, she loses the feel of the rural and can move somewhere else.  She commented that people who do not live near there might not realize how beautiful it is.  She added that during the last big storm we used that area for all of the brush that was collected through town and lucky to have that open space.  Chairman Zacchio acknowledged it was a good spot for that.  Ms. Backman loves the area so if it was developed it would be nice for people who want to stay living here and not a big stadium for soccer, etc.  Thank you for listening.  She added that it feels like it might just happen.

Chairman Zacchio commented that we are in the very preliminary stages.  He does not think that we can react to all of her comments but they are certainly good to hear.  He added that we have vetted the high school; it clearly could have a field there but what we ran into at that time was an issue with the lights and the ability to use the field, not necessarily the turf.  Ms. Davenport questioned why there would be a problem with lights there.  Chairman Zacchio responded that it was a zoning issue.  He noted that at one time we had nearly a million and a half dollars on the table to be donated privately to develop that piece and during the Planning and Zoning process it was something that was not advantageous and for other reasons, including the size of the stadium, the type of parking, etc.  He reported that our Master Recreation Plan has always anticipated that piece; it is open space, it was commercial at one time with the MH Rhodes factory and that whole area at one time was going to be the commercial development in Avon which is why that building was there in the first place but when the Council purchased it and re-zoned it as open space, the Master Recreation Plan also identified it as a possible spot for recreational development.  He noted that the process this will go through if we have the appetite that the fundraising group thinks we have in terms of dollars and if we have the desire as a Town Council to move forward with it, we would be an applicant to Planning and Zoning and go through a number of public hearings where comment would be taken and Planning and Zoning would consider the type of activity that would happen there, the times in which it might happen there, the road surfacing issue that you bring up, the type of parking, and all of the amenities that you are talking about so you will absolutely have an opportunity to weigh in.  He repeated that we are really at a preliminary stage in terms of vetting what could fit there, what it might look like, and if we want to move forward; the Town will be applicants to Planning and Zoning who will take up all of those issues and probably more, in terms of how that gets developed and if it gets developed.  Ms. Davenport questioned if lights will be allowed on Thompson Road.  Chairman Zacchio responded that will be an application to the Planning and Zoning Commission.

X.       EXECUTIVE SESSION:  Pending Claim/Litigation-Tax Appeals
                                                       Pending Litigation
                                                       Real Estate/Land Acquisition

On a motion made by Mr. Pena, seconded by Mrs. Maguire, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 9:25 p.m.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

The Town Manager and Town Clerk attended the session.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council come out of Executive Session at 10:00 p.m.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

XI.      ADJOURN

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council adjourn the meeting at 10:00 p.m.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

Attest:  


Ann L. Dearstyne, Town Clerk