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Town Council Minutes 10/02/2014
AVON TOWN COUNCIL
MEETING MINUTES
October 2, 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 Acting Chairman Evans.  Members present: Mrs. Maguire and Messrs: Pena and Stokesbury.  Mr. Evans reported that Mr. Zacchio will be attending this meeting shortly.

II.         PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Acting Chairman Evans.

III.        PUBLIC HEARING

14/15-18     Road Acceptances for West Hills Drive, Wellesley Court, & Knoll Lane

The Public Hearing was called to order at 7:30 p.m. by Acting Chairman Evans.  Acting Chairman Evans waived the reading of the following legal notice:
“TOWN OF AVON
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, October 2, 2014 at 7:30 p.m. at the Town Hall, Selectmen’s Chamber, 60 West Main Street, to consider the following:
1. To accept the title of roads and all appurtenances thereof as designated as “West Hills Drive and Wellesley Court” on a certain map entitled “West Hills” Plan of Re-Subdivision Owner/Developer Sunlight Construction West Hills Drive Avon, Connecticut Scale 1”= 40’ Date: December 12, 2006 Sheets 1, 2 and 3 of 3, which maps are on file in the Avon Town Clerk’s Office as Map Nos. 07/61, 07/62 and 07/63.
2.  To accept the title of road and all appurtenances thereof as designated as “Knoll Lane” on a map entitled “Re-Subdivision Plan of Knoll Lane Subdivision Prepared for Sunlight Construction Inc. Owned by William A. & Pamela W. Ferrigno and the Avon Land Trust #191 and #193 Haynes Road Avon, Connecticut Scale 1”= 40’ July 20, 2010 Rev: 12-16-10 (right of way data)”, which map is on file in the Avon Land Records as Map# 11/06.
Copy of the said map are on file in the Town Clerk’s Office and open to the public for inspection during normal business hours.
Dated at Avon, Connecticut this 5th day of September, 2014.
                                                                                                                                                                                                  Brandon L. Robertson
                                                                                                                                                                                                  Town Manager”

Mr. Stokesbury asked Attorney Robert Meyers if there is any change in the information that Council has received.  Attorney Meyers responded none that he knows of and he received an e-mail yesterday from the Town Engineer saying that he believes all is in order.  Mr. Evans commented that all approvals have been obtained and first presented to Council at their last meeting.  He noted that it is a requirement of the Town Charter that Council hold a public hearing for road acceptances.

On a motion made by Mr. Stokesbury, seconded by Mrs. Maguire, it was voted:
RESOLVED:  That the Town Council close the public hearing.
Mrs. Maguire, Messrs: 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 title of roads and all appurtenances thereof as designated as “West Hills Drive and Wellesley Court” on a certain map entitled “West Hills” Plan of Re-Subdivision Owner/Developer Sunlight Construction West Hills Drive Avon, Connecticut Scale 1”= 40’ Date: December 12, 2006 Sheets 1, 2 and 3 of 3, which maps are on file in the Avon Town Clerk’s Office as Map Nos. 07/61, 07/62 and 07/63 and  accept the title of road and all appurtenances thereof as designated as “Knoll Lane” on a map entitled “Re-Subdivision Plan of Knoll Lane Subdivision Prepared for Sunlight Construction Inc. Owned by William A. & Pamela W. Ferrigno and the Avon Land Trust #191 and #193 Haynes Road Avon, Connecticut Scale 1”= 40’ July 20, 2010 Rev: 12-16-10 (right of way data)”, which map is on file in the Avon Land Records as Map# 11/06.
Mrs. Maguire, Messrs: Evans, Pena, and Stokesbury voted in favor.

IV.             MINUTES OF PRECEDING MEETING:  September 4, 2014

Mr. Stokesbury clarified a comment (pg. 9) which should read, “Chairman Zacchio commented that our Charter provides for 1/10 of 1% of the tax levy, that if you spend over this amount of money….”  He also clarified a comment (pg. 19) which should read, “He added that this will be major traffic generator…..”

On a motion made by Mr. Pena, seconded by Mr. Stokesbury, it was voted:
RESOLVED:  That the Town Council accept the minutes of the September 4, 2014 Regular Meeting as amended.
Mrs. Maguire, Messrs: Pena, Evans, and Stokesbury voted in favor.

V.      COMMUNICATION FROM AUDIENCE

Aden Baume, 641 Country Club Road, commented that in two years his daughter will start attending Roaring Brook School and they live close enough this his wife is going to walk her to school every morning and walk along Country Club Road.  He added that after her years there she will be riding her bike to the Avon Middle School on the other end of Country Club Road.  He noted that she will be doing these things on the road because there are no sidewalks on Country Club Road.  He added that the inclusion of sidewalks would improve the safety for children going to school, both elementary and middle schools.  He urged Council to continue to consider having these sidewalks installed on Country Club Road.  He knows it is expensive and he would be willing to pay his share of the cost and his neighbors would be too.  Acting Chairman Evans thanked Mr. Baume for bringing this to our attention.  He noted that adding sidewalks to Country Club Road is something that they discussed at their last meeting and have this item on the agenda later tonight.  He added that Council shares the desire to have sidewalks on Country Club Road and other areas as part of our master sidewalk plan.  He believes that Country Club Road is one of the higher priorities.  He noted that they all share Mr. Baume’s view but it is a matter of budget.  He noted that it is something that Council has had discussion on already and will continue to have discussion.  He thanked Mr. Baume for coming today and bringing that to our attention.

Chief Mark Rinaldo introduced their new police officer, Jeffrey Dubien, who graduated from the Police Academy.  Officer Dubien commented that it is a pleasure to be working in such a great Town and he looks forward to working with all of you here.  Council extended congratulations and welcomed him to the Town.

VI.       COMMUNICATION FROM COUNCIL

Mr. Stokesbury commented that he was unable to attend Avon Day festivities due to a family obligation but it was a beautiful day and congratulated Mary Harrop on her award.

Mrs. Maguire commented that she too missed Avon Day and disappointed about it because it is always such a great event; her children were there and thoroughly enjoyed it.  She reported that earlier in the month she, as well as Mr. Pena, attended the Convocation for the kick-off of the educators for Avon.  She noted that Mr. Mala ran the meeting and recognized all teachers and specifically teachers who had reached tenure; it was a nice ceremony and kick-off for the faculty.  She also reported that last Friday, the Town Manager and Assistant Town Manager were with her at Arden Courts where they held a veterans’ recognition ceremony and wall unveiling and was a wonderful tribute to all of the veterans that are at Arden Courts.  She noted that the staff there put on a wonderful presentation.

Mr. Pena commented that the Convocation was very nice and glad that Mr. Mala reached out to Town Council and other members of the other Boards to attend.  He noted that Catherine Durdan, Board of Finance Member, was in attendance as well.  He reported that out of his twenty-three years in Town this year was his first time missing Avon Day; he looks forward to that event.  He noted that he hopes that Avon Day Committee members know, even though Town Council members were unable to attend this year, which Council does support Avon Day as they always have every year as it is a great event.

Mr. Evans commented that he too missed his first Avon Day as well but the Council has always supported Avon Day as one of the premier events in the Town.  He hopes that no one comes away thinking that the Council does not have any support for Avon Day because it is quite the opposite.  The Town Manager commented that he attended Avon Day; it was fantastic as always, the best day of the year in Avon.  He noted that he said a few words on behalf of the Council and also to congratulate Mary Harrop.

VII.     OLD BUSINESS

13/14-48     Presentation: Thompson Road Athletic Complex (Brief Update)

The Town Manager reported that we have another meeting of the Subcommittee that is scheduled for next Tuesday, October 7th at 7:30 a.m.  He noted that Peter Ponziani will be unable to attend so we are going to look at the possibility of moving it to later in the week if that works for the other members on the Subcommittee.  Mr. Evans commented that we spent a lot of time about this at the prior meeting in September with a very long discussion on a proposed athletic complex at Thompson Road.  For anyone here tonight who did not attend that meeting, he reported that there were several people who spent a lot of time having a good dialogue back and forth on a proposed athletic complex with turf and grass fields at the location the Town owns at Thompson Road.  He added that architects have worked on designs and Council had the opportunity to look at those designs during a presentation at last month’s meeting.  He noted that from his perspective it was a very productive meeting, heard a lot of good feedback and comments from people in Town and how they feel about a proposed athletic complex.  He added that there is a Subcommittee working on this comprised of Recreation and Parks Committee members who reported to Council last month and brought their design consultant and made the presentation.  He noted that this is just an agenda item as a follow-up to that.

The Assistant Town Manager reported that after the September Council meeting the Subcommittee met on September 23rd and reviewed the concept that was brought to the September Council meeting which showed the turf field oriented to the southern end of the property and the natural grass field toward the northern end of the property near Thompson Road.  He added that at the last meeting preliminary costs were brought; they were partial preliminary costs as there are still a number of items that the architect needed feedback from the Subcommittee on before he could start working on numbers.  He noted that the next Subcommittee meeting is tentatively scheduled for next Tuesday, October 7th and there is an additional meeting on the calendar for October 21st.  He added that the Subcommittee will be seeing more complete numbers at the next meeting and by the November Town Council meeting there should be a fairly complete preliminary cost estimate including soft costs, costs to bring sewer across the street to the site, and oriented with base items reflected from the RFP and add alternates that have been discussed by both stakeholders and the Subcommittee and several of the Council members.  He added that the Subcommittee is aiming for another presentation again in front of this group to talk about their recommended design and also discuss some of the preliminary cost options that we have.

Acting Chairman Evans asked the Assistant Town Manager in looking at design if he could recall whether there was one particular design that they were focusing on with regard to cost or was that a cost estimate developed over any one of the designs.  The Assistant Town Manager responded that there were several concepts that came back to the Council.  He noted that there was one with the fields oriented side-by-side and the other one had the fields stacked and the stacked design seemed to be the consensus for what made sense in terms of parking.  He added that the options were to put the turf field near Thompson Road or to the southern end of the property and the southern end made more sense as it easier to phase the project if the field closest to the road is left grass but if you put the turf near the road and then decide later to put in either the grass or turf field at the southern end you are limiting your access to that.  He noted that it also takes the noise further away from the neighbors across the street.  He reported that the Subcommittee is looking at options within that design, in terms of what the fields look like, what a second turf field would cost, different options for playscape and lighting.  He noted that the general layout will remain the same and there will be many options within that layout that the Subcommittee and this group will have to look at and consider.  Acting Chairman Evans questioned the type of presentation Council can expect at the next Council meeting.  The Assistant Town Manager responded that it will be similar in terms of the design that was presented last month.  He added that Council will also see some of the options that were discussed.  He noted that the idea is to present the design that they feel makes sense and meets the elements in the RFP and some of the options with preliminary cost estimates and will certainly go through the process to get bid prices on.

The Town Manager reported that at Council’s next meeting you will receive a proposed site plan which is at this point is looking like a variation of “Concept M” as presented at the last Council meeting and then two columns with the basic project as outlined in the Statement of Needs and one with the add alternates and can have a conversation from there.

Mr. Stokesbury commented on the base project and questioned if it will be with one turf field to start.  The Town Manager responded yes.  Mr. Stokesbury commented that the other field in whatever composition will be an add-on.  The Town Manager responded yes; the initial Statement of Needs that was discussed with Council included one field.  The Assistant Town Manager commented that the Subcommittee wants to focus on building the field but it is worth seeing what the pricing difference for a second field because that becomes part of the conversation.

Mr. Stokesbury commented on references made by Acting Chairman Evans regarding a long discussion at their last meeting and two issues that he was most concerned about dealt directly with the immediate neighbors with sound, traffic, and lighting.  He questioned if that has triggered further conversation within the Subcommittee and will we see some sharper ideas about how to address the neighbors’ concerns.  The Assistant Town Manager responded that with all of the comments received to date the architect has done a great job of incorporating those into the design.  He noted that because of the grading of the site we have been discussing a berm around all different sides.  He added that the field at the southern end will be a little bit lower even still so a lot of the sound will be contained on the site.  He commented that both lighting and sound are being designed with the intent of minimizing spillage off of the site.

Mr. Pena questioned if the presentation at their November meeting will include the road improvements on Thompson Brook Road.  The Assistant Town Manager responded that when that question has come up, he has traffic engineers that will be looking at the traffic study that was done before and sight lines based on where the driveways that are being considered are and based on the information that comes from that he thinks the architect will have a recommendation for what he should be thinking about.  Mr. Pena commented that it is a narrow road.  The Assistant Town Manager responded that if improvements to that road needed to be made that would be beyond the scope of BSC of which they could recommend.

Acting Chairman Evans opened the floor for comments from the audience.  He noted that the purpose of this agenda item was for Council to get a status update and if someone wanted to present a question or comment about the update that they have just heard he welcomes that opportunity from the audience.  He added that there will be plenty of opportunity as we move along in this process, go through the design phase, get cost estimates, for people to come before the Council, before public meetings, and to be heard and to discuss this is in an open way.  He noted that we are in the infancy in this stage of our discussions on the proposed facility and it will take shape as we move along so they welcome all audience participation at many future times.

Adam Lazinsk, 88 Deepwood Drive, commented that he realizes it is very preliminary and he has not formed an opinion one way or the other as to whether there is a need for this athletic complex but he would suggest that if there is a need and there probably is, there is only one chance to do it right.  He added that just from what he knows of the project, he questioned if fifteen acres is enough to do it the right way meaning that if to do it the right way requires a little bit more land then perhaps the Town needs to buy additional property to do it, that is to say the adjacent property that is owned by the Thompson family.  He noted that the presentation last month spoke about 270 parking spaces and that seems to be a very small number of parking spaces for a weekend football game.  He added that if you are going to do it, then do it the right way and look at all of the options.  He does not know if that will be a deal breaker at referendum if the Town had to purchase additional property but do not shoehorn a project into a small parcel if you need more property.  Acting Chairman Evans commented that he agrees 100% that we want to make sure we do it right and Mr. Lazinsk raises good questions and concerns and as the process evolves as we go through learning more about what the options are, he would encourage Mr. Lazinsk to continue to ask those good questions and raise those issues.

Mr. Pena questioned that at Council’s next meeting what is the architect and the Subcommittee looking for from the Council.  The Town Manager responded that at that point the Subcommittee will have completed their charge and spent the time looking through a number of different site plan proposals with Council’s input at your last meeting and based on their own many meetings they will have a site plan to recommend.  He added that at point it turns to how Council feels about that site plan whether it meets the needs of the community and then you will receive two very different set of numbers, one with the add alternates and one without, and at that point might want to start thinking about what the finances look like.  He thinks that for the next Council meeting the Subcommittee will have completed their work and it will come back to Council for further conversation.  Acting Chairman Evans questioned what the range of possible actions would be that Council could take based on that information.  The Town Manager responded that the range of possible actions could include Council directing him to make a referral to Planning and Zoning as there are steps that will need to be taken regardless of whether or not the project moves forward including the update of the Plan to change the zoning designation which is currently R-40 (industrial) and we have an update to the Plan of Conservation and Development due in the next two years of which we are looking to change that zone to recreation/open space because it is very unlikely that it is going to develop as residential.  He added that Council could look for more input from the Subcommittee and refer it back to them with additional instructions about what kind of product you would like to see come back again or Council could be completely satisfied with the product that you see and we could begin a conversation about what that looks like in terms of layering it into the debt service plan and any additional planning that we need to do as we go into the formulation of the capital budget for fiscal year 2016.  He noted that he will articulate his “Top 5” options in his background memo for next month’s meeting.  Acting Chairman Evans commented that Council should start thinking about what general design we might consider moving forward for further consideration at the next meeting.

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

On a motion made by Mr. Pena, seconded by Mr. Stokesbury, it was voted:
RESOLVED:  That the Town Council table agenda item 13/14-76 Appointment: T.C. Representative for Lakeview Association (12/31/2015) to the November 3, 2014 meeting.
Mrs. Maguire, Messrs: Pena, Stokesbury, and Evans voted in favor.

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

On a motion made by Mr. Stokesbury, seconded by Mr. Pena, 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 November 3, 2014 meeting.
Mrs. Maguire, Messrs: Pena, Stokesbury, and Evans voted in favor.

14/15-07     Appointment: Zoning Board of Appeals – Alternate (R – 12/31/2015)

On a motion made by Mr. Stokesbury, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council table agenda item 14/15-07 Appointment: Zoning Board of Appeals – Alternate (R – 12/31/2015) to the November 3, 2014 meeting.
Mrs. Maguire, Messrs: Evans, Stokesbury, and Pena voted in favor.

14/15-15     Country Club Sidewalk Estimates (West Avon Road to Stagecoach)

Acting Chairman Evans reported that Council discussed this item at their meeting last month and had seen preliminary cost estimates for the entire length of Country Club Road, at least to West Avon Road and Lovely Street.  He noted that tonight we are going to focus on a smaller portion between West Avon Road and Stagecoach.

The Town Manager commented that at Council’s last meeting there was conversation about installing a sidewalk on the north side of Country Club Road running from Lovely Street to West Avon Road and the Town Engineer presented a very preliminary estimate of $950,000.  He added that Council recognized that sidewalks on Country Club Road are an important consideration and look at scaling back the project to include a sidewalk on the north side of Country Club Road from West Avon Road to Stagecoach.  He asked the Town Engineer to prepare a cost estimate for this portion which is approximately $264,000.  He noted that there was also discussion at the last Council meeting about procedural steps we would need to go through to advance the project.

Larry Baril, Town Engineer, reported that from West Avon Road to Stagecoach would include approximately 2,900 feet of sidewalk; neither side of the road is particularly inviting in terms of obstacles on both sides relative to existing utility poles, fire hydrants, and guard rails with steep drop offs.  He noted that as reported at the last Council meeting we want to focus on keeping the sidewalk on one side of the street as it is not sensible to try to cross pedestrians on that road.  He added that he took the estimate from Lovely Street up to West Avon Road and split it into parts as per Council’s request.  He noted that the same basic assumptions that he used last time he is using now with this estimate as well and is important in that the estimate includes materials and significant earth work and the idea that the Town of Avon Public Works is going to provide labor and equipment for this proposed sidewalk.  He added that if we were going to contract this out in total that number would be significantly different; there are going to be retaining walls, rights required from property owners for grading as well as potential property transfer so it is not a simple project from that perspective.  He reported that in terms of the work effort it is also not insignificant as they have to do a field topographic survey, locate utilities, get the lay of the land geographically and have to understand what is going on in terms of the right-of-way.  He noted that they are trying to keep the sidewalk at a consistent distance off the street and not right next to the street as it sees a fair amount of traffic which does not travel slow necessarily so safety of the people that are going to use the sidewalk is important.  He reported that in terms of process it is relatively straight forward as they can do the field topographic and right-of-way surveys and prepare the preliminary design.  He noted that we have a rough preliminary design that can be used to come up with the estimates we are talking about but that estimate is based on windshield survey and 1984 topographic mapping and not accurate enough to be able to do the design being discussed.  He added that Town Council has to determine the Town’s position on its ownership and maintenance.  He noted that there will likely be residents who will be concerned about that and we will need to meet property owners to review those requirements and concerns that they have.  He added that there is the preparation of the preliminary design, secure the funding, prepare easement and property transfer requirements requiring legal work, secure the easements and property transfers, prepare the bid specifications and secure the bids, and then perform the construction.  He noted that there will be a requirement to notify the Planning and Zoning Commission as well.

Acting Chairman Evans inquired about a timeline, if there became a point and time where Council gave the green light for this proposed project.  The Town Engineer responded that it would take a few months to get to design mode, then they would do the preliminary design, Town Council has to decide what the position of the Town is going to be in terms of ownership and when they go out to the field topography people are naturally curious and want to know what you are doing on their yard and we have to have an answer that does not create a problem so he would want to know that before they get started in that area, and then the public information session which would be through the Council so to get to a point of bid specifications would be an optimistically six to seven months.  He added that you also have to mesh this with what Public Works workload is; this is not a small project and a fair amount of their resources for a fairly lengthy time period.  The Town Manager added that in terms of scheduling we also have to mesh it with the Engineering Department’s workload if we are going to be doing it in-house.  Acting Chairman Evans commented that at last month’s meeting the Town Engineer acquainted Council with the particular issues about Country Club Road and issues about driveways.  Mr. Evans asked if this particular stretch presents an easier stretch of space between West Avon Road and Stagecoach.  The Town Engineer responded that it is representative; at the far end of the project at Lovely Street there is a box culvert that is going to be particularly challenging because it is at the edge of the road and some kind of structure would have to be designed and built to carry the sidewalk past that and relatively expensive.  He noted that in this particular stretch between West Avon Road and Stagecoach there are a couple of places where the grade falls away significantly and other places where the grade is going to require a significant cut by grading further into the properties of owners or retaining walls which are expensive.  He added that there are a couple of culverts that have to be addressed.  He noted that he would not say it is any easier or more difficult than the other part.

Mr. Stokesbury prefaced his remarks by stating that he is quite concerned over the property right transfer issue and obtaining the easements for the right-of-way and the difference between that on a voluntary basis or not is something that we need to address early on.  He commented that at Council’s meeting last month he mentioned a concern that he had with how does the American with Disability Act apply to the situation and how might we satisfy those requirements.  He asked if there were any further thoughts on that.  The Town Engineer responded that he has not looked at this for that element.  He noted that there are some steeper sections on Country Club Road but he does not know how that applies to this right now as he has not looked at it at that level.  Mr. Stokesbury asked the Town Manager about the maintenance requirement who that would fall on, everything from replacing the concrete to snow and ice removal; some background about what we do on the West Avon Road sidewalk or other similar situations.  The Town Manager responded that with the right-of-way issue we do not have an up-to-date survey on that portion of the road and something that we would have to do at some point to determine whether or not the Town would have to acquire any of the right-of-way.  He noted that the transference may add additional costs to the project.  He responded that in terms of maintenance the ordinance gives Council some flexibility; the Town can assume the maintenance of the sidewalk if it determines that it is in the public interests.  He noted that normally what happens, as it does on most sidewalks, is that the abutters become responsible to the extent that the Town decides that it wants to take on that responsibility that is where you see an operating budget impact.  He added that most of our sidewalk maintenance in terms of snow plowing is contracted out and this is just another section that we would add to that bid package to be included unless the Council did not want to approach it that way and leave it up to the abutters to take care of it themselves.  Acting Chairman Evans commented that we could decide that at some time later.  

Mr. Stokesbury commented that he wanted a better understanding of how we treat the other sidewalks in Town.  The Town Manager responded that with very few exceptions, the sidewalk in front of the Board of Education Annex and West Avon Road, the other sidewalks are private and not maintained by the Town.  He noted that at a recent Council meeting we did a report that included a history of sidewalks in Avon and had an inventory of all of the sidewalks and who takes care of what.  He will resend that information out to Council.  He noted that the normal course is when the sidewalk is in front of somebody’s house they are responsible for maintaining it.  Mr. Stokesbury commented that his concern with the snow and ice removal, we have had this whole conversation around students walking to school and if you take Country Club Road and the steep grades that the Town Engineer refers to and they are not proactively cleared of snow and ice by homeowners at 6:00 a.m. and it only takes one patch of ice to have a major problem on these grades and it is something that cannot be overlooked and we really have to understand how we are going to practically deliver the product that we are working so hard to build for the Town.  He added that the homeowner is given a time period to react to a snow fall and if we are looking at the potential for students who walk to school he thinks you have a conflict with overnight storms, etc.  Acting Chairman Evans responded that it is a good point and something to wrestle with as we go through this process on the issue of sidewalks.

Acting Chairman Evans commented that there is support in the Town for having more sidewalks and this road is higher on the priority list.  He noted that the question we have to look at tonight is funding for this.  He added that this was not something that we had included in our current fiscal year’s capital budget.  The Town Manager reported that it is not in the Capital Improvement Plan.  He added that Public Works almost annually puts in a capital request for funding for sidewalk repairs and maintenance.  He noted that we have issues with the bituminous overlay on West Avon Road that is in tough shape but it is the balancing act that we go through when we discuss capital budget and over the last few years the money has been shifted in increasing levels to roads which reflects the state of our road network that needs an infusion of capital.  Acting Chairman Evans commented that we would look at a request for a capital expenditure relative to sidewalk funding in relationship to all of the other capital requests.  He noted that it is hard to say right now that we can justify an approximate $264,000 in isolation without reference to keeping with our capital improvement plan.

Acting Chairman Evans commented that there is discussion about private funding for this area of sidewalk.  Anne Marie McFaddin, 33 Paper Chase Trail, commented that they do feel that they can raise the $300,000 that you need to build that section of the sidewalks from West Avon Road to Stagecoach, once they get the go ahead from the Council they would come up with fundraising materials and a campaign strategy.  Acting Chairman Evans questioned how long it would take to raise the funds.  Ms. McFaddin responded that they were hoping to have it raised by May 2015 if they could get the go ahead within the next month.  Acting Chairman Evans commented that the Council has always been very receptive when private groups come together and look to raise money for items that are not necessarily priorities the Town has funds for.  He noted the lighting at the Avon Middle School tennis courts as a recent example of this as well as significant private contributions to the Library expansion a few years ago.  He commented that his personal view is that roads and sidewalks are a core function of the Town; things that we should be doing as a Town with our road improvement plan and creating sidewalks.  He added that he would not have thought this was the ideal thing for a public fundraising effort but he sees that there is support and a resident spoke earlier in support of sidewalks and in particularly along Country Club Road.

Mr. Stokesbury commented that the resident who spoke earlier lives at the Lovely Street end and not directly impacted by this and not solve the walk to Roaring Brook School.  Mr. Pena agreed with the statements made by Mr. Evans and there is not only the initial cost but also the maintenance.  He noted that if they should decide that this is what we want and the cost would be picked up by the Town all members understand the tight budgets that they have had over the years and something to take into consideration because there are other demands on the Town.  He added that it would also be important to hold public hearings to hear from the residents that would be impacted.  He noted that sidewalks are important in the Town and he walks through the Town talking to people one of their priorities is sidewalks.  He added that this is a good start and something that he would be in favor for.  Mrs. Maguire commented that this is something that we should have more of and whatever way we can get them she would like to see them around Town.  She added that area if you have kids walking/running/bicycling cars are speeding around and there is no place for them to go so a sidewalk would prevent potential accidents.  She is in favor of a sidewalk and whatever way we can get it and would like to move the process along to have that public hearing and see what the neighbors think.  Acting Chairman Evans commented that a lot of good issues have surfaced here and the first thing we are hearing that there is a desire on behalf of the Council to have sidewalks, concerned about the cost but grateful for an opportunity to have private support to fund the cost but that does not end the inquiry and we have issues about code, safety, cost, future maintenance, rights of the property owners whose properties will be impacted and affected by a proposed sidewalk.  He asked the Town Manager how we can take this to the next step, particularly with the property owners.

Mr. Zacchio arrived at the meeting and assumed the Chairmanship.

14/15-16     Presentation: Emergency Medical Services

Chief Mark Rinaldo introduced Jeremy Rodorigo, Manager, American Medical Response (AMR).  Chief Rinaldo reported that Avon police officers are our first responders, who are notified and perform the initial response to a victim of sudden illness or injury and are certified by the Department of Public Health.  He noted that there are four types of emergency medical responders: emergency medical responder which all Avon police officers are, emergency medical technician, advanced emergency medical technician, and paramedic.  He added that Avon police officers respond to all calls first with AMR.  He noted that since July 1, 2014 to the present Avon police officers reassign approximately 2.83 patrol cars to every medical call; it takes three to five minutes to get to the call and on scene approximately twenty minutes and each officer per call are on the scene for approximately fifty-eight minutes.

Chief Mark Rinaldo reported that we contract for ambulance service with AMR and UCONN Health Center.  He noted that AMR provides service at no charge to the Town of Avon which we appreciate very much; they are our basic ambulance service provider and designation by the State of Connecticut as your basic life support (BLS) service support and are a transport ambulance.  He added that AMR also provides a paramedic ambulance, 24 hours a day, 7 days a week.  He noted that our advanced life support designation has not been designated yet; there is no plan to designate that in the future.  He reported that we also contract with the UCONN Fire Department to provide BLS service for an annual fee of $28,000.  He noted that UCONN by contract sends a paramedic ambulance when AMR does not have an ambulance in Town or they are busy on another call.  They also respond to any known cardiac arrest for pre-arrival instructions that are being given, any motor vehicle accident that requires advanced life support (ALS) service, any hazardous material calls, multiple patient calls, water rescue calls, and for mutual aid.  He noted that AMR is normally on scene for most of these types of incidents except they do not have an ambulance available then the paramedics from UCONN are sent.  He noted that the Avon Volunteer Fire Department is also used as supplemental first responders but can only assist at the EMR level as that is what our license is designated by the State for.  He highlighted call volume for emergency medical responses since 2001.  He noted that there are more housing projects and more elderly in Town requiring more medical calls.  He added that we have ten housing complexes in Town that we are responsible for with medical incidents and we have three senior complexes with a fourth complex under construction.  He noted that more resources are being devoted to medical responses.  He reported that AMR response times are met 90% of the time per their contract which is approximately eight minutes.  He noted that their response times are improved and a portable radio is given to the ambulance crew.  He reported that when a medical call comes into the Dispatch Center the dispatcher takes some initial information but transfers the call to AMR and AMR EMDs the call for us as we do not have the capability to do so.  He noted that at the same time we are sending police officers.  There are some exceptions to why AMR may not meet the guidelines by contract, for example, system overload with more than one 9-1-1 call at the same time.  He noted that we are seeing more of these types of calls.

Jeremy Rodorigo, Manager, AMR, reported that they send an ambulance to every medical call in Town and if their paramedic ambulance that is assigned to Avon (Unit 312) is busy on another call they will send an ambulance from Farmington, Plainville, etc. whatever is closest and in the meantime, depending on the level of service that ambulance is, they will call UCONN to assist.  He added that UCONN will come in with their paramedic unit; they do not transport as they do not have that capability.  He noted that when their ambulance or officers on the scene are not needed because the nature of the call does not require the extra capabilities they will cancel UCONN and an AMR ambulance will respond.  He noted that there are a number of responses for UCONN as well as a number of cancellations meaning that they came out with the intention of assisting but it was determined by the units on scene that it was not needed.  Chief Mark Rinaldo commented that was a recommendation from Dr. Kamin as it is dangerous to have two paramedic units rush to the scene where we already have paramedics and first responders.  He noted that UCONN is a good supplement, a little bit costly and meeting with them to discuss how/if we continue their contract.  He noted that it did get reduced from $52,000 to $28,000 and they are a great service and are able to meet the BLS needs.

Chairman Zacchio questioned the variances between November and December, while in compliance and meeting the requirements, with complying rates from 97% to 90% to 94%.  Jeremy Rodorigo responded that some of it is unexplainable and has to do with call volume.  He noted that if you have an exceptionally busy month it often times will drop down your percentage a bit.  He noted that without looking at the actual reports (monthly reports are sent to the Chief of Police) he cannot tell specifically, but a lot of it has to do with the call volume.  Chairman Zacchio commented that a lot of requests to have this discussion was because we as being part of the community have experience with either response times personally or friends and hear that it took the ambulance so many minutes to get there and everyone knows an emergency time stands still for those around the emergency and not necessarily the folks that are responding.  He added that we needed to get a better understanding of how this worked and flowed.

Mr. Stokesbury commented that Chief Rinaldo spoke to how much time each call takes for his personnel and tying individuals up with the response.  He wanted to look at the other end of the response and understand it better.  He commented that the individual is now being transported by the ambulance and asked where that person is being transported to and how long is the Town then without having an ambulance located in the Town under the contract.  Jeremy Rodorigo responded that generally AMR will respond to a call, their dispatch center knows that they are on a call in Avon and everything that they do in EMS is based on contingencies.  He noted that as soon as this ambulance is activated their dispatch center starts to think about where to move the next closest ambulance to cover the communities that we serve.  He commented that when Ambulance 312 in Avon gets dispatched to a call the dispatcher starts looking at all of the other resources that are in the area and saying where can we move an ambulance to cover the Town of Avon in the event of another call.  He added that often times they will pull a vehicle off Route 84 into Farmington and park it at the commuter lot by the golf course or will know that there are ambulances at John Dempsey Hospital that have dropped off from a previous call that are still there and know they are close by.  He noted that everything is based on anticipating the next call.  He added AMR answers every call in Avon.  He noted that Avon is one of those towns where there can be nothing happening and then six calls come in; AMR knows that and they have to create contingencies for that.  He commented that the response time is not the same as the in-town unit that is prepared and ready and sitting here but they do their best to minimize the response times for the overload situations whenever they can.  He noted that with the system in Avon we have first responders from the Police Department who are very good and very well equipped to get to the scene and make a good assessment to the needs for the call; we have redundancy with UCONN Fire Department paramedic service if they are needed and the ability to contact the Avon Volunteer Fire Department if they need additional resources.  He noted that most times the ambulance, depending on the nature of the call, is no more than 10-15 minutes away and it sounds like a long time but when it is a low priority call that is not very long at all and if it is a high priority call there is a police officer who is medically trained on scene within three or four minutes.  He added that it is about layering and redundancy and where they are going to find the next closest resource.  He noted that as soon as that ambulance is dispatched they start bringing resources closer to cover the area.  Chief Rinaldo noted that as that ambulance is responding we have the patient stabilized except in the most extreme cases.

Mr. Stokesbury questioned when a 9-1-1 call is considered ended, in particular when more than one call is going on.  Chief Rinaldo responded that when Dispatch receives the 9-1-1 call they take the immediate information, location and type of emergency, send it to AMR, and hang up as they have to go to the next call.  At that point AMR is dispatching the call and communicating via the radio with the dispatcher.  Mr. Stokesbury commented that by the definition of system overload by more than two 9-1-1 calls going on a time, it is not the physical phone call, it is the response.  Mr. Stokesbury questioned when is an emergency for this purpose ended, is it when you are transporting or cleared back from the hospital?  Mr. Rodorigo responded that when the ambulance that is assigned to this Town is cleared off the hospital and within the response area, then it is back in service.  He noted that if Avon has another medical call when AMR is at St. Francis Hospital they could not possibly respond within a reasonable amount of time and the second ambulance might not make the recommended response time but it is still considered an overload when an ambulance is not yet back in service and in Town.  Mr. Stokesbury questioned how you decide where you are transporting to.  Mr. Rodorigo responded that where they transport the patient to is based on the patient’s request and as long as their medical condition is stable enough to take them there we will.  He noted that if a patient meets specific medical criteria they will go to the closest hospital; if a patient is unstable then the closest appropriate facility is where the patient will go which is UCONN.  He commented that it is really based on patient condition first and patient choice second.

Mr. Evans commented that AMR is paid by the person whose call you are attending and a bill is sent to the person for whom you have attended that call for.  Mr. Rodorigo responded that AMR will bill the patient themselves or their insurance company.  He noted that their rates are published as they are assigned by the State of Connecticut Department of Public Health and they have often times negotiated rates with insurance companies with Medicare, Medicaid, etc. so the end user or their insurer pays AMR.  Mr. Evans questioned if what AMR gets paid is determined by the length of the call.  Mr. Rodorigo responded that it depends on the services we provide; a BLS call with no extreme life saving measures needed is a set rate plus mileage.  He added that if the patient had a severe incident where they required an IV and medication, etc. that would be considered an ALS rate and a much higher rate.  He noted that one thing that is difficult for the ambulance business in Connecticut is that they are not allowed to charge for any patient that we do not transport and anyone with the mental capacity can refuse transport regardless of what the scenario or their illness/injury is.  Mr. Stokesbury commented that would play into our contract rate with AMR.  Mr. Rodorigo responded that in working with the Chief Rinaldo, the call volume and the payer mix that we have to calculate is good; we have enough call volume and enough good payers to pay for the service.  He noted that if that balances falls out then they need to revisit that.

Chairman Zacchio commented that we are experiencing between 125-150 additional calls per year on a very steady basis.  He questioned what the breaking point is for the current structure and how do you know when you have reached that point and what is the next step.  He added that you are meeting those contract deadlines now with relative ease, but as that call volume continues to increase and we are building more housing units and a population that is aging across the Town.  He questioned what happens when we reach that breaking point.  Chief Rinaldo responded that we are having those discussions now; perhaps they provide a second ambulance or other options.  He added that he would hope to get a second ambulance in Town with the call volume; the payouts are a business decision that AMR has to make.  Mr. Rodorigo commented that the current system in place is a result of these conversations.  He noted that they broke off from a contract with Avon and Farmington when two towns were sharing two ambulances and often times Avon felt they were getting the short end of the stick on that and through the Chief Avon put their own ambulance in Town at the paramedic level which has answered that same question a few years back.  He noted that question is going to come up again.  He added that in some towns they have added second vehicles at peak times when call volumes are higher.  Chief Rinaldo commented that this has evolved over several years and developed in the right direction.

Mr. Pena questioned the impact on the Avon Police Department as first responders as this continues to grow.  Chief Rinaldo responded that they are adding more police officers who will not be ready for another six to eight months.  He added that in the upcoming budget seasons they will be discussing the need for more police officers and increase the minimums on days.  He noted that there are three officers at the Police Academy now and will help with this in the near future.  He commented that there is more activity in general and we have to provide the first responder level of service.  He added that they are fortunate that AMR does the EMD for us because without that our Dispatch staff would need to increase.

Mr. Stokesbury asked Chief Rinaldo to explain the regulations under which our police officers and the AMR vehicles are operating under for lights and sirens.  Chief Rinaldo responded that they handle many complaints on this topic.  He commented that if they are going to an emergency and violate any motor vehicle laws they have to run lights and sirens.  He noted that when police officers respond to calls at night, they know the area and can use some judgment but not necessarily what the Chief recommends because if they are going through Country Club Road and West Avon Road and are involved an accident, not using lights and sirens, then there may be some culpability there.  Mr. Stokesbury commented that the West Avon Road corridor with a number of assisted living facilities, etc. can get very active and very persistent.  Mr. Rodorigo commented that an advent of the emergency medical dispatch (EMD) process is to determine if the patient requires an immediate response requiring lights and sirens or can the patient a few extra minutes for the ambulance or first responder to travel with traffic and not use their lights and sirens.  He noted that they try to respond to calls without lights and sirens; it is safer for everybody.  He added that when they go through the EMD process and start talking to the caller and to determine the nature of the call and we ask the follow-up questions then we are given a response code determinant and is how we go, hot or cold.  He noted that they respond to more calls without lights and sirens in Avon than they do with and that is because of questioning the caller as to what the nature of the situation is and the severity.  He commented that they do their best to shut off the siren and drive to the call during the night hours, but if something happens and they get into an incident and the siren was not on they may have some issues that they do not want.  Chief Rinaldo commented that they are not just responding to medical calls; if there is a motor vehicle accident they get there as soon as they can not knowing whether or not there are injuries and also dispatch the Avon Volunteer Fire Department.

VIII.      NEW BUSINESS

14/15-19     Presentation: Library Board of Directors Strategic Plan

Mary Suter, immediate past Library Board President, thanked the Council for giving the Library an opportunity to present their 3-year Strategic Plan which was developed by a sub-committee from the Library Board and headed by Carin Salonia, new Library Board President and also one representative from the community who was extremely helpful.  She noted that the Plan is also available to citizens in the Library and on their web site and hope to generate a lot of enthusiasm over the next several months.

Ms. Salonia and Glenn Grube, Library Director gave a presentation (which is attached and made part of these minutes).  Ms. Salonia reported that the Library has grown significantly through generous funding from the Town Council and residents; they enter a new stage in the Library’s history since their expansion and with that comes some interesting challenges, how do they utilize this phenomenal community asset, leverage their collections, books, programming, services to bring a community hub to Avon by using the Library.  She noted that tonight they want to share with Council and to ask for your continued support as they envision the future of the Library.  She noted that when they looked at their strategic plan from prior years the focus for the last eight years has been about the expansion program so they had to change their focus to be more on how do we improve the use, awareness, and realize the value of this wonderful asset.

Mr. Grube commented that with Collections the change to electronic content has provided a lot of challenges and opportunities for libraries.  They are able now to provide e-books, databases you can search from home to get information, however the challenge is that the formats that this electronic information and the platforms we deliver them on are not entirely within their control (for example, kindle vs. nook) or one e-book can only be loaned to one person at a time.  He noted that they are trying to digitize a lot of the local history documents that they have in the History Room.  He commented on one project that will hopefully launch this fall is a web site called avonhistory.info.  He added that they also have to continue to support traditional formats like paper books, CDs, etc.  He noted that technology is an area that the Library is in very good shape right now; the building project and fundraising campaign that supported such let them have an excellent hardware and audiovisual platform at the building.  He noted that they have 93 computers and over half of those are available for public use, 10 iPads that can be borrowed for in-library use, a collection of e-readers that you can check out and take home.  He added that a challenge is that in two years he will have 93 four-year old computers and have to address that before we have to replace all of them at once.  He noted that one way they are going to do that is to develop a technology plan to complement the Strategic Plan.  He added that they would also like to introduce some adaptive technology so that people with disabilities can use our technology; thanks to a generous donation from the Avon Lions Club we now have ZoomText which is a screen reading and screen magnification software that is available on all of our public computers so people with visual disabilities can use them.  He added that the down the road they are interested in getting involved in radio frequency identification for their books in place of the optical bar code and make self-check and inventory control easier and voice over IP for their phone system which would lower their ongoing costs of the copper lines being paid for with AT&T.

Mr. Grube that Lifelong Learning has been the core of what the Library has been trying to do in the few years that he has been with the Library; programming is their focus with early childhood literacy program, story time for kids, they opened an art gallery in their story time room, and themed program series.  They are looking into providing SKYPE to our local museums; they also podcast some of their programs and have a YouTube channel to show commercials/previews of their programs.  He reported that their public rooms are popular; booking five of the different rooms in the Library for public meetings and gatherings and are typically booked months in advance.  He noted that with the Farmer’s Market a survey response indicated that they came to meet friends; they want to be the town square of Avon.  They have had a huge increase in teen usage with 50-100 teens in their building between 2:30 and 5:00 p.m. during the week.  He noted that the Library wants to be open more hours and be able to respond to people’s needs.  He reported that their last initiative is their partnerships, currently with the VFW, Friends of the Library, Historical Society, Avon Public Schools, Senior Center, local farmers, and also try to get out in the community.  He attended Avon Day and was able to answer a lot of questions about the Library.  He noted that they have been to a Newcomer’s Club to let every know about the Library services to new residents and been to the High School and Middle School doing Library card drives, offering to waive kids’ fines if that is why they are not using the Library, and they also do outreach to a number of the assisted living facilities in Town.  He noted that outreach is great but also takes his limited staff out of the building.  He reported that they are working on a more focused social media campaign this year with Twitter, Facebook, Google Plus, and YouTube to make sure they are meeting people in the places that they are electronically.

Mr. Grube reported that there are a lot of things in this Plan that they can achieve but there are a few critical success factors that he needs to have continued in order to do so including a knowledgeable and committed staff and dedicated volunteers to help out.  He noted that they need the annual financial support from the Town as well as their other donors like the Friends of the Library and private citizens who donate and to keep looking at their trends and priorities as things are moving fast especially in technology.  He added that they need to continue to have effective working relationships with their partners and that includes the Town Council and one reason they came here so you know what they are doing.  He noted that they will look at this Plan and gauge it probably quarterly with the Library Board and the Town Manager and he would be happy to come back in about a year to update the Town Council.  He added that they will measure it by their patron satisfaction; if people are happy then they are doing a good job; engagement at the Library, everything from their door count to the number of cardholders; their technology usage; and recognitions of their success like the award they received from the State Library last year, number of newspaper articles and press coverage on programs that they do; the number of hours they are open to the public and will be back at budget time asking for a few more hours.

Mr. Grube reported that they need from Town Council something in each of the initiatives including investing in additional collections which is very expensive; they are spending about 30% of their collection budget on e-content and only mapping to about 3.5% of their circulation but a large number of the e-books they buy are not things you borrow and replace.  They are reference books.  He noted that they exceeded 100,000 database searches this year for the first time in their reference databases.  He added that with technology they need to continue to invest in professional training and development for the staff and continue to look at jobs at they come open and look at upgrading job descriptions and responsibilities.  He noted that half of the circulation of checking out books is done through self-service.  He reported that with lifelong learning it is growing; in calendar year 2013 they did over 500 programs and had over 12,000 people attend them; in fiscal year 2013/2014 they had over 20,000 people.  He noted that the programs are funded 100% by trusts, donations, and grants.  He reported that with service and community space they would like to expand their Sunday hours into the fall and spring as they were a number of years ago; they need to make sure they have adequate staffing to provide safe and supervised space for 100 teens in the afternoon.  He added the Council can come to the Library and say to him or the staff and tell your friends and neighbors what a great place it is, remind them about the Farmer’s Market and the programs.  He appreciated Council’s time this evening.

Chairman Zacchio thanked Mr. Grube and Ms. Salonia for their presentation.  He commented that when we went through the building process to expand the Library there was a lot of question around how we utilize that space and how we would work into the digital age moving forward and what does it look like in the future and do we need to expand it.  He added that this Plan is a great example of using the space to its fullest.  He likes how they have expanded the programs, he loves the Farmer’s Market, and being customer centric as they are the citizens in Avon and support you and built the building.  He noted that it represents the future but can’t help but think about the leadership that Ms. Suter has provided over the years in a smaller forum in a way that really put the Library up front with the Council in terms of preparing it for expansion and preparing us to be at this level.  He thanked Ms. Suter for her leadership and getting us here and welcomed Ms. Salonia.  He added that we welcome the new era of the digital age and how we expand and reach out to the public.  He appreciates the hard work and looks forward to seeing some updates on this.

14/15-20     Presentation: Old Farms Road and Old Farms Road Bridge and Intersection (State Project # 04-116 & 118)

The Town Manager recognized Bob Orenstein, Chief Financial Officer for Avon Old Farms School in the audience.  The Town Manager reported that we are a turning point with this project; approximately a year ago we had a change, prior to that we were in the direction of developing an Environmental Assessment for the potential relocation of the road and due to some advice and recommendations received from the regulatory bodies involved with this we decided to take a different tact and divide the road project into two sections: east/west and north/south, determined that they have independent utility and having done that proceed with a feasibility study required by the Army Corps of Engineers on the east/west portion that will tell us whether or not it is eligible for a Category I permit.  He noted that to move these projects forward he will be looking for supplemental appropriations from Town Council and Board of Finance.  He added that in terms of the bridge we have a State commitment to fund 100% of the design, permitting and construction costs but as we have an existing relationship with the firm that is doing the design work which means we do not have to go through the procurement process requiring more time, the Town has to upfront the money and would be reimbursed which means he would need to have an appropriation and on the east/west road ride that will be a 90% reimbursement.  He noted that total for supplemental appropriations is approximately $600,000 and are looking at different options but when you get into those amounts you are looking at unassigned fund balance.  Mr. Evans questioned if they get reimbursed in the same fiscal year that they are advanced.  The Town Manager responded that it is not within the same fiscal year but it does come around.  He noted that we have to think about having a conversation with our financial advisor about making sure that we have a very solid plan in place for replenishing fund balance net of 10% cost for the road relocation study so we stay above the 10% guideline that Council has always had in place.

Larry Baril, Town Engineer, and Tom Daukas, Special Projects Engineer, gave a presentation (which is attached and made part of these minutes).  Mr. Evans asked if the traffic light at the top of that area would be moved as part of the same project.  Mr. Baril responded yes and the old bridge would be removed.  He also noted the addition of a proposed boat launch.  He added that all of these proposed elements are still being considered within the design which is now being taken care by the State completely.  The Town Manager reported that this is a really important area for the Town; it is a gateway so we want to make sure that aesthetically that it is appropriate.  He noted that it is likely that as part of the fiscal year 2015/2016 capital budget you will see some money recommended to make sure that happens.  Mr. Evans questioned if there will be traffic control issues with the need for police officers monitoring the construction during this.  Mr. Daukas responded yes.  Mr. Baril noted that construction of the project is completely by the State so we will not pay for it and get reimbursed for that coverage.  He commented that we are here tonight to discuss finalizing the design elements.  He discussed a preliminary schedule.  He noted that it is anticipated that permitting will take a minimum of a year to accomplish bringing us to Spring 2015.  He added that construction could take approximately two years starting in Summer/Fall 2016.

Mr. Stokesbury commented that Old Farms Road right now is a high use road but we bar through commercial traffic from using it.  He questioned if the design of the new bridge is intended for routine heavy commercial use and encouraging the use of Old Farms Road in whatever configuration it may be for through commercial traffic and/or regulated in any manner.  Mr. Baril responded that he does not believe there is any anticipation of regulating against traffic, designed to almost highway standard.  Chairman Zacchio commented that the federal guidelines require it to be designed to that standard and not for us to change that.  Mr. Stokesbury commented that it might be reasonable to expect more truck traffic through Old Farms Road as a result of a nicer, easier access to Route 10.  Mr. Baril responded that there is no restriction right now and it does see commercial traffic.  Mr. Daukas commented that one of the reasons it has to be re-designed is that they changed the standards for loading and require military loading on the bridge now.  He noted that we had the design 92% complete until the federal highway administration came back and required that loading.  Chairman Zacchio commented that the bridge rating there today is so low, this has to be replaced and to that rating regardless.  He noted that we will struggle with the next project in terms of traffic flow through Avon and how that works and something that we will have to consider as we move forward.

Mr. Daukas reported that in April 2013 after we had it approved by Federal and State and had a contract negotiated, it was realized that the costs was approaching $1.5 million just to do an Environmental Assessment which would not necessarily give you the alignment that you want.  He added that as a result it was broken into two projects and by doing so we had to establish independent utility which took almost a year and in October 2013 we received approval from the Federal Highway Administration that they are two separate projects, the bridge and the road.  He noted that by doing the road project with only Town funds we eliminated the DEEP and could do the Army Corps of Engineer permit ourselves which we did; it is a Category I permit.  He added that Scope of Services have been approved and are currently negotiating the contract and they will pay 90% of it.  Chairman Zacchio questioned if any structures are any more or less significant than structures that would have to be placed within the current roadway if we were to rebuild it where it sits.  Mr. Daukas responded that they would be more because of the topography.  He noted that the big advantage to that alignment is when it is being constructed you are not disrupting traffic.  Chairman Zacchio clarified that the structures are more on the new location than the old location.  Mr. Daukas responded yes.  He noted that FEMA maps have to be modified as they are not correct.  He reported that initially to fund this Avon Old Farms School was going to come up with the difference in money between the existing alignment between Thompson Road to Tillotson versus the southerly alignment.  He noted that in the negotiations we have been using the land as a currency.  He added that simultaneously with doing the feasibility study we have to consolidate our agreement with Avon Old Farms School.  Chairman Zacchio commented that is a key point for us to be able to continue on the path.  Mr. Daukas referred to the Process Flow Diagram.  He noted that we have received a letter from Avon Old Farms School authorizing Mr. Orenstein, Chief Financial Officer and the Headmaster to negotiate an agreement which is the point at which we move forward or not.  Mr. Daukas reported that when the flow chart was developed we did not have the amount of data that we will get from the feasibility study.  He noted that since we have negotiated the Scope of Services with Federal and State they are willing to pay for this, we will have a semi-final plan and cost estimate.  He added that we will have discussion with the School about what we are going to do on the road and agree to it.  He noted that the Planning and Zoning Commission recently approved a change to the Conservation of Plan and Development to encourage multi-family, higher density development for the vacant land at the School.  He added that a plan was done by the School to come up with a value showing our zoning regulations.  He noted that there is a large open space corridor and the land that we will be getting for their share of the road.  He added that we have to come up with a value for that area of open space.  He noted that they will be active over the next several months as they go through the feasibility study and estimating that their work to do the study is approximately three months.  He added that there is no money available for construction right now on this relocation piece.

The Town Manager reported that what has changed is that we have been working with the Army Corps of Engineers for so long and we really did get good feedback in December 2013 contrary to what he anticipated.  He added that from that time until now is what it has taken to get them to finally say the Scope looks good and now we have to work with the State to negotiate a contract and negotiate the amounts.  He noted that the amount that we will end up paying C&C to do the feasibility study requires State approval.  He reiterated that it will also require Town Council to authorize a supplemental appropriation because we have to do this on a reimbursement basis; we will be responsible for 10% of the final cost.

The Town Manager reported that we are looking at two parallel processes, continuing forward with the feasibility study where we continue to work out the details, including design which will give us a better preliminary cost and that will translate into what we would be looking for from the School in terms of a contribution that equates to 100% of the differential between improving it in place and the relocation of the road.  Mr. Daukas commented that as part of the study we went out to the public in early 2000 but so many things have changed so we should have a public informational session.  He noted that we will still need to get the money for construction for the road piece and it should come at this point so we can make that decision.  Mr. Daukas also recommended an informal meeting with the Inland Wetlands Commission as we will need a local permit.  The Town Manager reported that the total project cost is approximately $7.5 million with a $10 million bond authorization because only a portion of the north/south piece is reimbursed.  Mr. Daukas commented that the selling point is the open space with a trail connection.  Chairman Zacchio commented that the land is the most important aspect for us to consider moving it and the selling point that we have always focused on.

The Town Manager commented that there is a path to move forward now; there are a lot of moving parts, this is a very complicated project.  He noted that if the permitting does not come through that is the end of it; if the agreement with the School does not come through that will be an issue; and this is going to be our last chance for this.  He noted that we know we have an issue with Old Farms Road as it is.  He added that we would be back to our fallback plan; there are variations for a project that may cost a few million dollars to do a chip sealing and fix it up.  Mr. Evans commented that this update has been very helpful.  He questioned if the next thing we might reasonably hear as far as status is whether we can meet the eligibility for the Category I permit from the Army Corps of Engineers.  Mr. Daukas responded yes and simultaneously we have to consolidate with an agreement with the School.  The Town Manager commented that he is concerned with the bridge in that the supplemental appropriations are going to have to come from unassigned fund balance; he will work with Dennis Dix to make sure that is communicated to the rating agencies so they understand why that is happening and that we have a plan to pay the money back as it is 100% reimbursement.  He noted that on the road side it is a 90% reimbursement but getting reimbursed for sunk money into the project so it is more than going to cover our 10% so we will get everything back to fund balance but it is going to be a big hit and require some explanation.  He added that is the next time he would have this item on the agenda and in the meantime the discussions with the School will have to continue.

Chairman Zacchio questioned what is needed from Council tonight.  The Town Manager responded that he does not need any action, rather general consensus that Council is comfortable with it moving forward in this direction, preparing the agreement and supplemental appropriation language for the feasibility study for the road relocation, and continuing forward to work out an agreement with the School that addresses their contribution for the value of the differential.  Chairman Zacchio commented that anytime we have an opportunity to talk about any open space is the right conversation and probably one of the bigger pieces in Avon that we would ever be considering so he is comfortable with it moving forward.  All Council members agreed.  Chairman Zacchio asked the Town Manager to give some serious consideration about how we refresh this in the public as it has been many years since we have talked about this, there have been some changes, and our core focus remains the same with the relocation of the road that includes an acquisition of open space that we think is an advantage to the Town and an advantage to our partner, Old Farms School, and look to you to guide us as how we should move forward with that.  The Town Manager commented that we have a Town newsletter going out and this is prominently featured and we are refreshing the link on the Town’s web site that has all of the source documents on this project so residents can learn more about it.  Council thanked Mr. Baril and Mr. Daukas for their presentation.

14/15-21     Supplemental Appropriation: State of CT Department of Education Youth Services Bureau Grants, $20,172

On a motion made by Mr. Stokesbury, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council hereby recommends that the Board of Finance amend the FY 14/15 Budget by increasing:
REVENUES
General Fund, Intergovernmental, Youth Services Bureau Grant, Account #01-0330-43383 in the amount of $20,172.00
and increasing
APPROPRIATIONS
General Fund, Human Services, Service & Consultant, Account #01-4203-52184 in the amount of $20,172.00 for the purpose of funding expenditures, which will be reimbursed through approved State of Connecticut Department of Education Youth Services Bureau Grants.
Mrs. Maguire, Messrs: Zacchio, Evans, Pena, and Stokesbury voted in favor.

14/15-22     FY 15/16 Budget:  Approve Capital Budget Review Schedule

On a motion made by Mr. Pena, seconded by Mrs. Maguire, it was voted:
RESOLVED:  That the Town Council approve the following FY 15/16 Capital Improvement Budget schedule as presented:
Monday, November 3rd          Regular Town Council Meeting (7:00 p.m.)
                                               7:00 p.m.          Board of Education
                                               7:30 p.m.          General Government
Wednesday, November 19th     Special Town Council Meeting (7:00 p.m.)
                                                    7:00 p.m.     Recreation and Parks
                                                    7:30 p.m.     Fire Department
Thursday, December 4th        Regular Town Council Meeting (7:00 p.m.)
                                               7:00 p.m.         Secret Lake Association
                                               7:30 p.m.         Engineering
                                               8:00 p.m.         Public Works
Mrs. Maguire, Messrs: Zacchio, Evans, Pena, and Stokesbury voted in favor.

Mr. Evans questioned if we have been receiving the presentations in advance of each of the capital review meetings.  The Town Manager responded that he will make sure that Council gets them in advance.  Mr. Evans commented that a couple of days in advance would help frame what we are talking about.

14/15-23     Approve 2015 Meeting Schedule

On a motion made by Mr. Stokesbury, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council adopt the following schedule of meetings in accordance with P.A. 723 of the 1967 Session of the Connecticut General Assembly, the following list of scheduled meetings for 2015 and January 2016:
        Thursday, January 8, 2015       7:30 p.m. –  Town Hall
        Thursday, February 5, 2015      7:30 p.m. –  Town Hall
        Thursday, March 5, 2015 7:30 p.m. –  Town Hall
        Thursday, April 2, 2015 7:30 p.m. –  Town Hall
        Monday, May 4, 2015     7:00 p.m. – AVON SENIOR CENTER
                           ANNUAL BUDGET MEETING
        Thursday, May 7, 2015   7:30 p.m. –  Town Hall
        Thursday, June 4, 2015  7:30 p.m. –  Town Hall
        Thursday, July 9, 2015  7:30 p.m. –  Town Hall
        Thursday, August 6, 2015        7:30 p.m. –  Town Hall
        Thursday, September 3, 2015     7:30 p.m. –  Town Hall
        Thursday, October 1, 2015       7:30 p.m. –  Town Hall
        Thursday, November 5, 2015      7:30 p.m. –  Town Hall
        Thursday, December 3, 2015      7:30 p.m. –  Town Hall
        Thursday, January 7, 2016       7:30 p.m. –  Town Hall
Mrs. Maguire, Messrs: Zacchio, Evans, Pena, and Stokesbury voted in favor.

14/15-24     Resignation: Avon Clean Energy Commission (D – 12/31/2015)

On a motion made by Mrs. Maguire, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council accept with regret the resignation of Lisa Levin from the Avon Clean Energy Commission effective December 31, 2014.
Mrs. Maguire, Messrs: Zacchio, Evans, Pena, and Stokesbury voted in favor.

IX.       TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A:  Purchasing Update:  The Town Manager did not report on any items.  Mr. Stokesbury asked for an update regarding the fire apparatus and concern over the safety of the deposit.  Assistant Town Manager responded that he has been working with Mike Markowicz (Murtha Cullina) and Chris Wardrop (USI – insurance broker) and the final documents are with Gowans-Knight now; there are a lot of protections in place.  He noted that we are executing at 50% performance bond which is something that we asked for as part of the bid process.  He added that we are satisfied with insurance levels that we have required of them; the progress payments are full work completed and doing visual inspections before making any payments at any point in the process and they own all of the liability until they either drop it off or we certify final delivery.  Mr. Stokesbury commented that at some point we paid 90% for the truck but they still have title to it.  Assistant Town Manager responded that we will have title of the chassis once it is complete but they will still be insuring and responsible for that.  Chairman Zacchio commented that we get title once we paid for the chassis.  Mr. Stokesbury questioned when we have title to the vehicle.  Assistant Town Manager responded when it is complete, but the chassis is the first component of the vehicle that there will be a certificate of origin for.  Mr. Stokesbury questioned what happens when we have paid 90% of the price and they go into bankruptcy.  Assistant Town Manager responded that he can ask Mike Markowicz and will follow-up.  Mr. Stokesbury commented that in his world they have addressed that concern through use of letters of credit provided by our bank would be presented when the truck is delivered and the vendor would know that there is money on hand to pay for it and it manages that risk that he is suggesting.  He wants to make sure that we are not a $1 million in the hole with two fire trucks.  Chairman Zacchio asked the Assistant Town Manager to get a legal opinion and then the Town Manager can distribute to Town Council.  Mr. Stokesbury commented that at its core the question is when does the Town of Avon own that fire truck that we have paid so much money for to the detriment of other creditors of the vendor?

Misc. B:  Construction Update:  The Town Manager reported that the line painting on Country Club Road will be completed very soon.  He reported that they had a kick-off meeting with Solar City on September 17th; it was a joint meeting with the Town and Board of Education and should go very smoothly.

Misc. C:  Solarize CT-Application:  The Town Manager reported that the Clean Energy Commission had not initially wanted to move forward with an application for a number of good reasons; at the last minute they revisited that decision and we were happy to submit an application.  He received a note yesterday that our project was awarded which means that we are going to work with the CT Green Bank and a number of other towns that have been included in this round; we will select a vendor and promote them.  He noted that you will see a lot of public relation efforts out there.  He added that a lot of towns have had good success with it.  Chairman Zacchio reported that we have an obligation to help promote it but as we enter into more solar projects it dovetails into this process to help people in the community who individually want to get involved with it.  Mr. Pena questioned when the kick-off will take place.  The Town Manager responded that a date has not yet been set; there is a conference call next week with the towns that have been selected and will likely receive a timeline then.  Mr. Pena noted that Canton and the other towns did a great job marketing this project.

Misc. D:  Elderly Tax Relief for Certain Elderly and Disabled Residents (Town Council Policy #17):  The Town Manager reported that he has asked the Town Assessor to look at the limits in anticipation of the development of the budget for fiscal year 2015/2016.  He noted that comparables are looked at and will be on the agenda for Council’s next meeting.
        
Misc. E:  Farmington Waste Water Treatment Plant Expansion Project:  The Town Manager reported that the Farmington Waste Water Treatment Plant Project is going to referendum in November.  He noted that Avon owns a portion of processing capability; we agreed with the formula that Farmington is using and is the same one used from the 1993 expansion and reviewed by our Town Attorney.  He added that the final amount is subject to change because it is subject to the bidding process and final construction amount.  Mr. Stokesbury commented that it is paid for through user fees.  The Town Manager responded yes; it will be paid for through the operating budget.  Mr. Evans questioned what water we send to that treatment plant.  The Town Manager responded that it is just waste water affecting 53% of our dwelling units.

The Town Manager reported that he has sent a proposed agreement to Farmington about the Fire Training Center.  He noted that our insurance agent went through it; we have worked out insurance coverage because the Center sits in Farmington and now waiting to get feedback from Farmington.

X.       EXECUTIVE SESSION:  Collective Bargaining
                                                       Pending Claims/Litigation

On a motion made by Mr. Pena, seconded by Mrs. Maguire, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 10:20 p.m.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

The Town Manager, the Assistant 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 10:30 p.m.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

14/15-25     Possible Action on Item Discussed in Executive Session – AFSCME Local 1303-096 Contract

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council approve the AFSCME Local 1303-096 Contract as presented by the Town Manager for three years - July 1, 2014 to June 30, 2017 and which has been approved by the Public Works employees and is made part of these minutes as follows:
           Rates of Pay                       Elimination of Retiree Health Benefit for New Employees
           July 1, 2014 – 2.60%          hired after July 1, 2014
           July 1, 2015 – 2.60%          Reduction in mandatory overtime at Landfill
           July 1, 2016 – 2.75%          Defined Contribution FY 15 0.25%, FY 16 0.25%, FY 17 0%
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 10:30 p.m.
Mrs. Maguire, Messrs: Zacchio, Pena, Evans, and Stokesbury voted in favor.

Attest:  


Ann L. Dearstyne, Town Clerk