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Town Council Minutes 06/05/2008
AVON TOWN COUNCIL
MEETING MINUTES
June 5, 2008

CALL TO ORDER

The meeting was called to order at 7:30 p.m. at the Avon Town Hall, in the Selectmen's Chambers by Chairman Carlson.  Members present: Mrs. Samul, Messrs. Zacchio and Shea.  Mr. Pena attended later in the meeting.


PUBLIC HEARING:  

07/08-92        Neighborhood Assistance Act     


The Public Hearing was called to order at 7:30 p.m. by Chairman Carlson, and the Clerk read the legal notice as follows:
"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, 2008 at 7:30 p.m. in the Town Hall, Selectman'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 15th day of May, 2008.
                                                Philip K. Schenck, Jr., Town Manager"

Chairman Carlson reported the Council received four requests to be reviewed.  The Town Manager reported the procedure would be to hear any public comments and if there are none the Council can close the Public Hearing and vote to approve the requests to be sent on to the State of Connecticut.  

Chairman Carlson reported there are requests from Gifts of Love and Nutmeg Symphony Orchestra and requests from the Avon Volunteer Fire Department and the Police Department.  

Marshall Brown, representative from the Nutmeg Symphony Orchestra, reported he received notification from the Town Manager's office to be present at the meeting.  We are a professional orchestra for the Farmington Valley Northwestern Connecticut and Greater Bristol areas.  We did a concert at the Avon Old Farms School this year where we played music by Bach, Beethoven, and Brouns.  We brought copies of the program for the Council.  We have played children's concerts, which the third graders of Avon attended.  We did those in April and the participating schools are listed in the back.  Educational booklets are given to all of the children who attend the program.  It explains the music and instruments of the orchestra.  Sometimes the third graders send thank you letters so we have used some of those comments in the booklets.

Chairman Carlson reported the organizations send in requests and they are submitted to various companies/entities who can make donations to fill these requests.  The Town Manager reported the State authorizes each year, through the legislative process, a tax credit and usually that is limited to $5 million dollars to Connecticut businesses to make donations to the various programs that are approved.  Once that is done there is a directory that is complied which is electronic and businesses can go through that directory and decide which, if any, of these applications, including the ones from Avon, they are interested in.  They contact the organization, they make the contribution and then at the end of the year as part of the tax process they apply for the tax credit.  Sometimes this is oversubscribed at the State level and not everybody gets an opportunity to participate.  Many of them are prearranged so that organization will contact perspective donors ahead of time.  The donors wait until the project is approved and then makes the contribution and the process is completed.  The Town of Avon has participated in this since it began about 15 years ago.  Sometimes we have gotten everything that has been submitted and sometimes nothing.  Generally it has been a productive program for the Town and for many of the organizations located in the Town.  

Diana Goode, Executive Director from Gifts of Love reported Gifts of Love provides basic services.  We provide clothes, food, energy assistance, household items and furniture to people in the Greater Hartford area but to qualify for our program you have to be working.  People making minimum wage and working part-time, most do not qualify for government services.  Last year we had 8,000 people come to our office in Old Avon Village, 50% were from Hartford, 15% were from New Britain and the rest were from the Farmington Valley area.  That is something that we think is going to increase with the gas prices.   A few weeks ago a woman from Avon came to my office and she said "387", and I said "what is that?" She said that is the number of days we have to stay in our house for my daughter to graduate from Avon High School.  She has no equity in her house, she is divorced, she has no furniture, she is not heating every room but she is going to keep her child in the Avon school system and we think that is something that we are going to be seeing more and more of in this area. "I live in Avon and have for the past 16 years and I think at Gifts of Love is where worlds collide" On any given day we can have 25 clients come in, a Brownie Troop or Cub Scout Troop that is bringing food or clothes from a drive that they have done, high school students doing community service and that is really great and it makes me very proud of Avon.  

Jim Speich, President of the Avon Volunteer Fire Department, reported the department submitted two items this year.  As budget times get tight we like to look for ways to supplement our needs.  We put in two items this year, one is for mobile data terminals which go along with the Captain's system which is a Capital Region item.  We did budget for three terminals this year but we would like to put them in all our front line apparatus. This is the communications plus the mapping system where we can easily locate where the vehicles are and the locations of the call.  The other item is portable radios.  These are for the self contained breathing apparatus.  Right now we have portable radios just in the trucks for the Captain or the Officer riding in the truck.  This would allow a portable radio right on the SCBA packs so if the firefighter was to get into any safety issues like a smoky building, they can easily radio back to command and give a location for help.  Right now if you get separated from someone and are in a hazardous situation there is really no way to communicate.  

On a motion made by Mr. Carlson, seconded by Mr. Shea, it was voted:
RESOLVED:   That the Town Council close the Public Hearing.

Mrs. Samul, Messrs Carlson, Zacchio and Shea voted in favor.    

On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council approves and recommends the four 2008 Neighborhood
Assistance Act Program Proposals as follows:
Avon Police Department-
        a.)     Motor Vehicle Speed Enforcement Equipment                                       $13,200.00
        b.)     Technology/Officer Safety                                                    $13,000.00
Avon Volunteer Fire Department-
        a.)     Mobile Data Terminal                                             $37,100.00
        b.)     Two Radio Communications                                                 $16,000.00
Gifts of Love-
        a.)     Basic Needs Program                                                      $25,000.00
Nutmeg Symphony Orchestra-
        a.)     Family Concert Series and Children's Concerts                    $100,000.00

Mrs. Samul, Messrs Carlson, Zacchio and Shea voted in favor.    


MINUTES OF PRECEDING MEETINGS:          April 9, 2008
       April 14, 2008
       May 1, 2008
       May 21, 2008
   
On a motion made by Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council accept the April 9, 2008 minutes as read,

Mrs. Samul, Messrs Carlson, Zacchio and Shea voted in favor.    


On a motion made by Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council accept the April 14, 2008 minutes as read,

Mrs. Samul, Messrs Carlson, and Shea voted in favor.


On a motion made by Mr. Zacchio, seconded by Mrs. Samul, it was voted:
RESOLVED:   That the Town Council accept the May 1, 2008 minutes as read,

Mrs. Samul, Messrs Carlson, Zacchio and Shea voted in favor.    


On a motion made by Mr. Zacchio, seconded by Mr. Shea, it was voted:
RESOLVED:   That the Town Council accept the May 21, 2008 minutes as read,

Messrs Carlson, Zacchio and Shea voted in favor. Mrs. Samul abstained (absent from meeting).

COMMUNICATION FROM AUDIENCE – Items not on this Agenda


David Goldsholl, 57 Old Kings Road, representing the Avon Citizens for Responsible Spending reported the general feeling of the group is, and felt it was important to tell you up front that the general feeling of our group, based on the things we have seen, is that no matter what number you pick for the third referendum, there is a very good chance it is going to get turned down. The people who have been supporting it up to now are going to vote no because to them this number will be to low to say we are in agreement with it.  It will do too much damage to the town.  The great fear here is it will be misunderstood.  We were in complete support of everything the Council did and the Board of Finance and the Board of Education did, which we felt was the right thing for the town based on the responsibilities we put into the three boards.  We collectively agreed on that.  At this stage whether it is process, or the economy, whatever it is, we feel a number of 3% and under will be too small.  We can't possibly send any message of agreement.  We know what you are bound by and we can't support it.  We did not want there to be any misunderstandings.  We will vote no, no matter what.  We are hoping for a zero tax increase to be approved. At that zero tax increase literally drives the major changes in our town and our Board of Education that is mandated by no funding in the hope that we can get the pitiful 72% of the population that does not come to the polls to say anything, to get out and vote next year and literally put the money in place that is needed to do what the Council needs to do to run this town at the level most people want to see, but are too lazy and to distracted to come out and vote for.  That is what we are doing. This is the only thing we can see at this point that might change the repetitive behaviors of not trusting the elected officials that we put in place and who we respect tremendously for the amount of work they put in the effort and the documentation. They don’t want to read the documentation; they don't want to know the facts. Their own personal agendas get in the way.  Believe it or not we are with you on this and we think the only way to get people out of their houses and voting is to get them so scared and annoyed that they decide to finally do something.  Clearly the intellectual approach isn't working. They stay home and we don't know why, none of us do.  We can't figure it out. People lie to our faces so we don't know what is up with that.  Avon is a wonderful place to live.  We feel a drastic move may get the reaction we want to get the budget funded in the future.

COMMUNICATION FROM COUNCIL

Mr. Shea reported he does not agree with the Avon Citizens for Responsible Spending group, who clearly appear to be out for the best interest of the town, that is not in question, but wished people would vote as they see fit.  The system is a good system and shares the concern for what is happening. People should vote how they feel as opposed as to trying to get a reaction from those who aren't voting.  Applaud the interest and the activity; their hearts are in the right spot, but feels this may not be the best way to do this.  

Mrs. Samul reported she has begun learning a lot about the Volunteer Fire Department recently and understands there are five or six high school fire cadets graduating this year.  We have never done any kind of recognition of the cadet group.  She suggested preparing a proclamation for them or perhaps there is a corresponding Police Academy.  The Fire Department was the focus because it is a volunteer department.  It would express some of our appreciation for the hard work of the fire department and encourage the cadets to volunteer also in the community service aspect of it.  The Town Manager reported both the Police and Fire Departments have had cadet programs for years.  The Police program has wax and wane with the interest of the students in it but it goes all the way back to the 1960's.  The Town has never been approached by either the Police Department or the Fire Department to recognize the various scouts.   The Police Department was affiliated with the Boy Scouts of America. It was the Explorer Post.  It is a great idea to recognize the graduates if they have been through a specific program and we can certainly contact both the Fire Department and the Police Department and incorporate that into our agendas at the appropriate times.  Chairman Carlson stated it was an excellent idea and he further reported Mrs. Samul reached out to the Chairperson of the Board of Education to see if Board wanted to do something through the graduation ceremony.  They have elected not too because people are volunteering everywhere and there are a bunch of great kids that are doing great things out there. Perhaps we can have a photographer from the Police Department to come over and recognize them.  The Town Manager suggested adding the photo into the Town Report.   

Chairman Carlson reported Monday evening will be the three board meeting and at that point we will hear from the Board of Finance what direction they want to go. We need to give the Town Manager and Director of Finance any items that would be potentials to be cut and a list of items that we do not want to see cut.  The Town Manager has done a great job of coming in with a list of items that can be cut and are there any items we would not want to have cut.  Mr. Shea stated he does not want to look at or touch anything that has to do with Public Safety, Social Services and the roads. When it comes to the roads it will just cost us more money down the road. It is not an aggressive or ambitious program. With the amount of roads we have, $600,000 is not that far off and would be reluctant to look at Public Safety, which is Fire Department and Police Department. Would be reluctant to look at Social Services and reluctant to look at the roads.  We should urge the Town Manager to look at all other areas of the budget and all other areas should be on the table.  

Mrs. Samul questioned whether there would be any savings if the work hours are extended for four days and shortened by one day a week.  Other towns have a half work day similar to the summer hours.  Are there any savings in the reductions of lights and heating.  Would there be any advantage to changing the hours at the landfill so that we lengthen the hours on Saturdays and close it an additional day during the week.  Do any of these make any sense?  The Town Manager reported it has not been calculated in detail what the savings would be.  There are many different programs going around at the present time in communities that are looking to reduce energy consumption.  We always have items from a staffing standpoint at various levels and think that can be incorporated into that in terms of reducing hours on some of these services.  We took a look at some of the fees.  We have not charged community groups to use the Senior Center, and this may take an ordinance change.  We charge for a custodian but we do not charge a fee to use the air conditioning and the lights. Perhaps we should charge a fee to use the facilities.  We may raise $5,000 to $10,000 in fees for the year which would help offset the budget reductions.  We are looking at some of those that would involve policy changes on part of the Council as to how we have operated.  Chairman Carlson reported he would be hesitant with raising fees.  One of the things we spoke about at the last meeting was not raising fees but to cut costs.  We need to be careful and consistent with the wording and how it is done. It would be a discussion that we would need to have.  He further reported  he agrees with the order of importance that Mr. Shea discussed earlier.  Roads would be the last potential and the other two are not even on the table.  It is $100,000 per/mile to resurface. It is $1,000,000 per/mile to rebuild.  We need to avoid cutting from the roads.

Chairman Carlson responded to the comments made by Mr. Goldsholl.  As an elected official it would be hard pressed to sit here and said he did not want to do anything to effect the fabric of the town and a zero percent increase would do that. A zero percent increase would result in the roads not being cared for and would result in us not meeting our obligations to our retired employees with the healthcare and pension.  If it comes in at zero percent we should argue and not go that way.  

Mr. Goldsholl reported the concern is the same fabric you are speaking of is gradually eroding to a point and we are doing the same thing anyways.  We agree we don't want to do anything to hurt it.  The hope would be with a quick snapback nothing gets eroded.  It is a strategy not a new direction because two percent a year for the next three years because nobody finds anything recommended is credible anymore, and they say no just because they like to say no, ends up with the same degradation and it takes three painful years to get there.  It is a strategy and not a desired end result.  The hope is once people see how bad it will be they will wake up and finally do what they should do.  

Mr. Zacchio reported he agrees with most of the comments that were shared this evening.  We all agree that Public Safety and some of the Public Services are the ones that we want to stay away from.  However, differ slightly is anything from the Capital Budget will erode and cost us more in the long run, either the roads or roofing projects.  We will need to make some reductions and the roads may be part of them. As said from the start we have done a good job over the years of hiding the effects of underfunding of the Capital Budget and Operating Budget and think we need to be careful of what we reduce from a services perspective yet we are down to the fabric and we are going to make reductions unfortunately in areas people are going to feel and see. That may be the light that begins to shine on the process that we go through every year.   We know servicing our customers is really the most important thing we can do so we don’t want to make reductions to those services and we want our customers to feel reductions as little as possible.  We will cut projects and unfortunately our residents may feel some of that pinch and that may be the situation we are in.  As an advocate of keeping Public Safety and Social Services in tact and everything else we do need to prioritize and look at to come up with whatever reduction we need to.  We should not be raising any new revenues although there are not enough new revenues to raise to cover what we will have to. A zero percent increase would be, as an elected official, who is put in a position to do what is best for the town, "I don't feel that would be best."  Mr. Goldsholl, we do feel aches and pains and do understand the theory behind it but where the ideas differ from the seventy five percent of the people who stayed home.  They may come out in droves and say great that is what we want and let's keep it forever.  We all have a responsibility to look at each and every budget process we go through, whether it is the first, second or third and apply the same passion and logic to what we think is best for the Town within the means we have to work with.  

Mr. Goldsholl reported the Town of Avon shares staff with Canton for the Assessor's Office and Social Service, could that be done in different departments. Maybe that should be looked at. Chairman Carlson reported the Council is looking into that. The Town Manager reported they are looking at Zoning Enforcement at the moment. The reason these things happen usually is when there is a vacancy in the other community and you have people who are willing to sit down and talk about it.  Sometime there are no vacancies.  Also, personalities make a difference.  Whoever the leadership is in one community verses the other, the broader images of being a subordinate verses control issues.  We have generally been proactive in keeping an eye on who's retiring where and in what communities.  Canton seems to have been the ones who have been the most open to it.  Just this past year we did our whole Youth Services Bureau with Farmington.  This is the time to do that because when the economic times are bad the communities are willing to look at regional items.  When times are good they prefer to pay extra to have local control.  The Town Planner and the Town Manager have been talking with Canton about Zoning Enforcement.  Building Department is another opportunity.  We have downsized the department because of the lack of building going on in town. This is something that is going to become more popular in the future.  

Mrs. Samul reported with the idea with working with another town, specifically with Canton, she was thinking Probate because that job in either town would not be over burdened.  That is an elected official and do not know how that might work.  She was also wondering about centralizing purchasing for the entire town, under one person, for both the school and the town.  Other towns do this and there might be some efficiency obtained through that.  We need to start exploring finding some money to have someone come in and see if there is a better way to be organized in the purchasing or the running of the town.  The Town Manager reported it was brought up back in February at the budget work session and it seems to have gathered some acceptability and openness on the part of several of the boards.  Purchasing is an area; Human Resources for non-certified employees would be another area.  Mrs. Samul reported she is looking at the voting issue in a different way than most people.  She does not feel the voting is about dollars anymore and feels it has gotten to the principle of the thing and it is emotion.  We may need to find a different way, the Town Council and the Board of Education, of presenting the material.  Maybe just being very specific in the description of the cuts and showing the dollar result.  

Chairman Carlson reported as the individual who presents information he is open to looking at it in anyway.  Frankly, we give people a wonderful opportunity to be educated. Going back to the November meeting on the Capital Items and we have more people at our meeting this evening.  Mrs. Samul reported we need to show people what we are cutting and tell them.  Mr. Shea reported it is fair to say everything needs to be looked at. You can't do a better job on the presentations, you can't give more information.  The presentations this year, by both the Board of Education and the Town, were outstanding.  It has gotten emotional.  We should stay the course and have some questions on the whole approach to consultants.  We are responding to the environment that we are in. It is somewhat unique.  We have almost a perfect storm of events that are taking place and it is fair to look at every aspect of it but we should be proud of the things that we are doing well and not afraid to stand up and say this has been done very well. Mr. Shea further reported he is frustrated with the fact that people are voting no and not saying where in the budget they want to see it cut.  To me, that is the biggest void in this process right now.  If you are going to be a leader in an organization or if you disagree with where the budget is headed I respect that but the time has come to stand and be counted.  Just like I feel strongly about some aspects of the budget, stand up and say I want the police department cut, stand up and state your case.  At this point, it is not fair to place this on the elected officials and on management.  The same people are at the same meetings, they have the same knowledge that we have.  

Chairman Carlson stated that is the general sentiment what we would like to look at.  We have a quick turn around on this, since Monday night is the meeting.  We need to tell the public what is going to be cut at the Public Hearing on Monday night.  Mr. Shea stated as should the Board of Education and the fact that it is not being done is not something he is approving.  Chairman Carlson reported Monday the Council will know how much we will need to cut.

Chairman Carlson further reported procedurally if the next budget was to go down we need to look at our calendars.  It will come back for us to decide.  If we take no action the Board of Finance has up to 90 days to make special allotments to fund special programs and to keep the town afloat.  After 90 days, the Board of Finance has no power other than to keep this year's budget as the new budget.  We should meet and we should take action, even if it is to say no action.  The Referendum is June 25th, we ought to try to meet soon there after as possible, even maybe the 26th.  Since this would be the first time this board crosses this road, we need the time to reflect and think about what budget meant and what our position might be.  Hr further reported he does not want to start the fiscal year without a budget. When we meet on June 26th we should look to the Town Manager to present to us what the budget should look like.  One thought is to take the current and add in the $400,000 plus for the high school.  We need to determine what is needed to keep the lights on and what would turn the lights off.  

Mrs. Samul reported if the Council is put in that position she would like to know what the teacher's budget is.  Teachers' salaries represent eighty percent of the budget and they went up three percent, so what is eighty percent plus the three percent plus the cost of the benefits, also, the cost of operating the new wing at the high school.  Those numbers have changed and we have not been able to get good answers on that.  Why the new projected maintenance of that new space went from $25,000 down to $1,500, what changed?  This has been asked and we have not gotten those numbers.  The Town Manager reported there is a three board meeting on Monday night and it may be better at some point to start broaching these issues early on so people have an opportunity to think even though we do not have to implement them.  We could bring them up on Monday night with the Board of Education and even schedule more meetings. Chairman Carlson stated if we agree to get together on June 26th he would want to have a budget that starts with obligations.  We have obligations around debt, and electricity and heating oil.  We can cut personnel but we should know how much we are saving if we do cut a position, if we cut a teacher or a police officer. We will need to have some of those numbers.  Maybe we reserve the 26th of June.  Mr. Zacchio stated we should start with this years budget, the big rocks that we have to fund, the union contracts, what we expect for power and electricity and other utilities, what we need for the new expenses of the high school. What is that number, a flat budget plus obligations that this town needs to cover.

The Town Manager recommended a letter be drafted in an anticipatory standpoint from this evenings meeting asking the Board of Education to start looking at some of these issues so that in the eventuality that it happens you are prepared.  Chairman Carlson stated that the Council agrees to have the Town Manager draft a letter to the Board of Education to gather information so that the Council can act in a timely manner.  The Town Manager stated he will draft a letter stating the Board of Education should start to gather, and put in the issues that we spoke about, and it would state that it would be an anticipatory thing in the event that anything was to happen and would mention the Town Attorney's opinion in getting the budget finalized by July 1st.  Chairman Carlson stated he would strongly suggest to them that they not go there on June 26th and say we don't know.  They have to put a stake in the ground because otherwise they are allowing us to put a stake in the ground and we do not want to do that.  

Mr. Goldsholl reported at the last Board of Education meeting, and the minutes show it, Dr. Kisiel said he was preparing for the second Referendum to fail.  He was preparing the numbers to be won at a level that was at or below three percent tax increase. Mrs. Samul questioned why did he chose three percent.  Mr. Goldsholl reported he was listening to what was being told to him.  Mrs. Samul reported that is not what they are asking.  Mr. Goldsholl reported the preparation is the same.  What cuts he would do, he was looking at the cuts relative to not having money.  Chairman Carlson reported the stake he is putting in the ground is starting with the 07/08 budget; add to that any contractual obligations.  Mr. Zacchio reported they need to be aware of any new revenues.  If there are any new revenues that are going to be put in place and the third referendum passes or if it doesn’t pass they may chose not to do those new revenues.  

Chairman Carlson questioned after the Council agrees on a budget on June 26th, and it is based on certain assumptions in revenue and expenditures, can the Board of Education then put in place additional revenues?  Can they leave that meeting and then say we are going to put in a Pay for Play program which raises $150,000 which then gives them that to work with.  The Town Manager reported they can do that at any time.  They have the ability to raise there own fees, just like we do.  The issue is, with those fees, without a specific fund to go into, the fees go into a general fund, so they would need a supplemental appropriation that would come back through the Council to get the money out.   If it is already in an existing fund, then they can raise the fees, and they have the authority to spend the amount of money that was appropriated in it. If they raise the fees then they will have more money then they budgeted for.  Chairman Carlson suggested that the letter specify that not only should they come in with all of the expenditures but all of the revenues as well.  


The Director of Finance reported the Board of Education has access to a revenue account that is not budgeted.  It is called Prepaid and Revolving, so we should probably mention that in the letter.  That would avoid any area where they could put revenues in an account and also pay out of it.   

OLD BUSINESS

03/04-64        Review and Discussion: Avon High School Renovations / Additions Dedication Date 

The Assistant to the Town Manager reported the Council should decide on a date in September for the dedication of the Avon High school.  We checked with the Board of Education and the first football game was ideal.  The first home game is not until the end of that month so in order to do it at the beginning of school we are suggesting either the 6th or the 13th.  It is fine with the Board of Education and in terms if the school being available.  Chairman Carlson reported they will go with the 13th of September. Either that or we will have to push it off until the end of the month.  

Mr. Pena came in.

07/08-72          Review and Discussion: Avon High School Renovations / Addition Project:
                    Commissioning

The Assistant to the Town Manager reported they went through the process, as requested, of putting out an RFP and obtaining five proposals.  All seven members of the committee have reviewed the proposals individually.  We selected two for interviews.  Hank Frey and Jim Miller, from the Committee and I conducted those over the phone and discussed them.  The two that we spoke to over the phone were Aramark and CJ Brown.  There prices were just under $100,000 and $130,000 for the scope of work.  That was just their cost to come in and do what we asked them for.  To that needs to be added the cost of FIP Construction and their subcontractors to participate in that process. We have not asked these firms to estimate the costs just yet. We were not sure how far this process would go.  When we first started exploring we did ask for a general scope and they said somewhere in the range of $40,000 to $50,000 that would need to be added to the base price.  The Committee did not have a chance to meet prior to this meeting so we did not take a formal vote but we did discuss it and they are split on a recommendation.  Mr. Shea questioned what the split was.  

Mr. Hank Frey reported it was four to three. Certain people do not think it is a good idea since it is so late in the process and because it is so costly.  It is not something that is required.  It will be required for any project over $5 million after January 1, 2009 but it not something that is now required.  The Assistant to the Town Manager reported it is not reimbursable by the state since it is not required yet.

Mr. Zacchio questioned why the firm who construct, builds and finishes the buildings doesn't make sure it works. We hired a construction firm to build this building for us and deliver it and they don't test it?  Most of the time it is part of the construction manager's process.  Mr. Frey reported the building is built with the specified materials and it should be installed properly and tested.  The town employees should have been trained on all the equipment already.  Chairman Carlson reported the number did not involve the whole building it is just for the new portion of the building.  Mr. Frey reported it is for most of it, part of it is for the main boilers. There is very little from the main building.  Chairman Carlson reported he found something interesting in the presentation, the fact that they have problems marrying the old with the new and yet when they looked at the bid it is not really to do that.  It is more to test the new.  The Assistant to the Town Manager reported some of the older units have been replaced. Mrs. Samul questioned the retro-commissioning portion of these bids is for the marrying of the two systems? The Assistant to the Town Manager reported each company looked at it differently. One company said anything you built last fall and you have been using for six to eight months we consider that retro-commissioning.  The first firm said we think the whole project should be commissioned and only the boilers and HVAC units that were not touch should be retro-commissioned.

Mr. Zacchio stated since the town staff has been trained and they are familiar with it, what can they do in the commissioning process that adds more value than hiring someone to do it.  We have trained employees on heating and air conditioning.  The Assistant to the Town Manager reported the commissioning takes it one step further  in the fact that when these folks come in they run test and they try to get the system to fail to see what could possibly be wrong with it.  That is really what commissioning is, as well as training.  

Mr. Frey reported if anything in this town should be running properly it should be what we just spent $30 million on.  If you really wanted to spend some money on retro-commissioning, then you should take some of the older items that really aren’t working very well.  

Chairman Carlson reported he has a tough time supporting this.  From the beginning was skeptical and it has not evaporated.  A four to three vote does not show very strong support. Mr. Frey stated the numbers that you are hearing this evening, there was some concern that the firms we interviewed really understood the job.  We aren’t sure about future negotiations that may go on regarding travel.  Mr. Shea questioned where Aramark is from.  Mr. Frey reported they have an office in Madison Connecticut and they are really stationed around Philadelphia. They understood the project better, the price was higher than CJ Brown.  One of the firms stated the cost of commissioning was about 1% of the cost of the project, but where we are now they have to come back to the job, so it costs more.  If we were going to do it they should have been hired during the design phase.  Mr. Zacchio questioned if they were aware then that this was going to be an issue towards the end and imagine the construction manager was probably aware and did they bring this to our attention. He further reported he would also have a difficult time supporting this. It doesn't make  much sense and am disappointed with our construction manager that we hired specifically to oversee this project and to make sure we had everything covered, didn't bring this up in the first place and is reluctant to even have people on site without a $40,000 charge.  Mr. Frey reported he is certain that the construction manager has done a very good job.  Mr. Zacchio reported he didn’t say he didn't do a good job, am just disappointed this is the first we heard of this.  Mr. Frey stated that FIP didn’t say they should or should not do this.  Mrs. Samul reported she put this to the bottom of the pile.  Mr. Shea reported he is in favor of it but he respects the will of the Council.

On a motion made by Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council remove Item 07/08-72 Review and Discussion:
                     Avon High School Renovations / Addition Project: Commissioning from the agenda,

Mrs. Samul, Messrs Carlson, Zacchio voted in favor. Mr. Shea voted nay.

07/08-86           Bid Award Phase II: Department of Public Works Re-roofing and Related Work,
                        $102,800

The Assistant to the Town Manager reported she had hoped they would awarding the rest of this contract but it has not happened, so this can be tabled to next month.  The work that has started has gone very well and is just about complete.  The $102,800 is the balance of the bid that we received in March, still needs to be done and have asked the architect to go back to the firm and ask to extend the price they have given us in March thru to mid July. We would not have started the project until July, since it is in next year's budget but am concerned about the price and they should get back to us in the next couple of day.

On a motion made by Mr. Pena, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council table item 07/08-86 Bid Award Phase II: Department of
 Public Works Re-roofing and Related Work.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

NEW BUSINESS

07/08-93          Review, Discussion and Approval: Ad Hoc Pension Investment Management
Committee:  Investment Management Recommendations: Chris Kachmar: Fiduciary Investment Advisory, LLC


The Director of Finance reported Chris Kachmar is present from Fiduciary Investment Advisory. He met with some of the Council back in March of 2005.  Chairman Carlson reported he needs to recluse himself from this item.  The Director of Finance reported she is going to speak briefly and touch on some highpoints.  We tried to provide a history of the pension plan for those of you who have not been involved in it and as a look back for some of us.  We did come before the Council back in April of 2005 and they did approve changing the strategy for the Defined Benefit Pension Plan, from a single pension investment manager, who presently is ING, to a multi-manager approach.  We are here before your tonight to still move forward with that same strategy but it has been several years since we last met and there have been several changes and we do need to run a proposed portfolio by you and also we are looking for approval on two resolutions at the same time.  Since April of 2005 we have issued an RFP for bank service and you may recall we came back to you in January of 2006 which was approved with Webster Bank which we have not enacted that arrangement yet because we have still not moved our funds out of ING.  We also in February of 2006 at one of our pension meeting there was a discussion and we needed a legal opinion as to whether the AD Hoc Pension Management Committee had the authority to move forward with the strategy and to evaluate investment managers and make some of the decisions under the resolution of which it was established back in 1995.  We consulted Dwight Johnson, Town Attorney.  He recommended the two resolutions that are before you this evening.  One is simply to change the name of the committee to remove the word management and make it Advisory, which is our capacity.  The Town Manager has the authority but the committee in itself is strictly an advisory committee to the Town Council. The second resolution is to give the Town Manager authority in a blanket resolution to modify all of the allocations within the investment managers within the conjunction of your investment policy.  As you can see perhaps you may recall once again the numbers that were here back in 2005. The portfolio managers have changed throughout the years. Some of the funds have closed; some of the managers have changed.  The legal review ran from March, 2007 to January, 2008 and attached is the investment policy with the changes to it and brought up to the June, 2008 report. Basically, we are looking for approval on the two resolutions. We have a new investment statement to be approved. We have a proposed portfolio that needs to be approved and Chris Kachmar is going to go over some of the technical parts of this and can answer some of the questions you may have and just give you a brief overview of the company FIA, for those of you who are not familiar.

Chris Kachmar reported he is an Avon resident and has been for the past 15 years.  A little perspective necessary in the sense that when we first got together and discussed some of the proposed changes a few years back our group operated out of a different organization.  We have since gone off and formed an independent organization that is based in Windsor, Connecticut, that houses twenty of us rendering investment advisory services to a broad array of institutions.  We serve about 25 municipalities in Massachusetts, Connecticut and Rhode Island. Among those in the Hartford area that we work with in addition to Avon is West Hartford, Canton, Granby, Simsbury, New Britain and several others.  We do not manage money directly.  We work along side the town management and the advisory committee on investment policy statement construction, asset allocation work and formal allocation work and make recommendations.  We also monitor the managers and make recommendations.  The draft investment policy statement that articulates the responsibilities of the different constitutes.  Our conclusions are close to the ones you reached a few years back and will summarize a few key points.  The current construct of the investment solution is a bit antiquated in the following fashion.  All the monies are single investment entities, ING.  ING has some good capabilities and some not so good capabilities.  The pension plans aggregate size is about $23 million. You have ready access to third party institutional firms and form a diversification standpoint and in addition to the asset allocation diversification we are sensitive to entity diversification as well.   The recommendation is to use a portfolio of institutional mutual funds that is diverse by specialty managers and entity itself.  A portfolio on a historical basis has generated materially better performance than the existing managers and on model basis has delivered the performance in a somewhat cost effective manner as well.  There is roughly $30,000 in proposed savings with the proposed solution.  

Mr. Shea questioned the sentence; "The Town would be better served by using an open architecture approach and selecting a lineup of "best-in-breed" institutional managers from the entire marketplace." Could you please explain, defend and expand upon that.  Mr. Kachmar reported part of our service is monitoring the broad array of investment firms that are out there and the different strategies that are offered in the marketplace.  ING ,the entity that is currently being used by the plan, within the broad array of services they provide they have some good investment teams and some not good investment teams and you are constrained to using just the teams that are in the platforms.  There are no reasons to do that within today's world.  Mr. Shea reported it is more a language issue. The open architecture approach would mean you are looking at an array of investment firms.  Say we do this on an annual basis. How often with the other towns do you make changes?  Mr. Kachmar reported they monitor the investors on a constant basis.  It depends on the market tone.  The mentality is very much grounded in a strategic sense.  We test the asset allocation structure that is put in place, is it appropriate? Can this portfolio generate performance? We do not tend to change managers dramatically at all.  In the past we meet on a quarterly basis with the clients and if the managers are doing a good job and earning their place, then the line ups don't change that dramatically.   We meet 4 or 5 times in a year and maybe one of the manager's changes every 18 months.  It is a pretty consistent and stable environment.  Mr. Shea stated Mr. Kachmar has no liability; the town has the liability, the Town Manager and the Council, and is just trying to get a sense of your approach. . Mr. Kachmar reported that are a fiduciary plan.  We are responsible for the recommendations that we make.  

The Town Manager reported Chairman Carlson is reclusing himself but stated he is an expert in this field and was wondering from a staff standpoint if you find the approach or the recommendation out of character. Chairman Carlson stated nothing stands out to him.    Mrs. Samul reported she does not have a wide knowledge of this topic but she recognizes the funds, and thinks as long as the Town is diversified we will be provided certain protection.   

The Director of Finance reported this is a closed plan. It was closed in January of 1997. Right now we have 44 active employees in our defined benefits plan and 67 in the defined contribution plan, so it is shifting.  The Town Manager reported there will be some interesting things happening down the road as the number of employee's declines.  


On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council approve a resolution changing the name of the Ad Hoc Pension
Investment Management Committee as follows:

WHEREAS:        the Ad Hoc Pension Investment Management Committee (the "Committee") was created
by Resolution of the Town Council on July 6, 1995;
WHERAS: the duties of the Committee including advising the Town Council concerning the
consulting with the Investment Advisors and Managers under Pension Investment
Management Program relative to the Town's Retirement Assets;
WHEREAS:        it is the intent of the Committee and the Town Council that its name accurately reflects
its responsibilities;
NOW THEREFORE:  the "Ad Hoc Pension Investment Committee" shall be the "Ad Hoc Pension
Investment Advisory Committee."  This resolution shall not affect or change the Committee's prior action, or its responsibilities.

Mrs. Samul, Messrs Pena, Zacchio and Shea voted in favor.   Mr. Carlson abstained.


On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED:       That the Town Council approve a resolution authorizing the Town Manager to determine
Retirement Plan Asset Allocations as follows:

WHEREAS:        the Ad Hoc Pension Investment Management Committee was created by Resolution of
the Town Council on July 6, 1995, and as of the date of adoption of this resolution has
                been names the Ad Hoc Pension Investment Advisory Committee (the "Committee");
WHEREAS:        the Town Council on September, 1993, as revised on October, 1996 and April 1999,
                adopt the "Town of Avon Retirement Plan, Statement of Investment Policy" a copy of
                which is attached hereto (hereinafter "Investment Policy"),
WHEREAS:        the Investment Policy provides guidelines for the management of the assts of four
                retirement accounts comprising the Town's retirement plan assets (such assets hereafter
                "Retirement Assets"),
WHEREAS:        the Investment Policy includes investment return objectives and risk tolerance, diversification guidelines, and asset allocation parameters, among other principles and criteria to assist the Town invest and manage its Retirement Assets,
WHEREAS:        the Investment Policy requires the periodic review and evaluation of its retirement assets, managers and advisors, and the adaptation of each to the continually evolving conditions of industries, sectors and economic conditions;
NOW THEREFORE:  In order to administer and implement the Investment Policy the Town Council authorizes the Town Manager to allocate Retirement Assets in accordance with the Investment Policy provided the Town Manager shall prior to any allocation confer with and obtain the written recommendation of the applicable pension advisor, and confer with the Pension Committee concerning the proposed allocation.

        As used in this resolution the word "allocate" or "allocation" mean any
        
        1)      the determine, from time to time, of the percentage invested within an Asset Class, in accordance with the Investment Policy's percentage range; and
        
        2)      the determination, from time to time, of the amount, dollar value, or percentage of Retirement Assets an investment manager or advisor invests, manages or advises the Town with respect to, provided the manager or advisor shall be approved to provide services to the Town.

        [Note: Asset Allocation does not mean or include: Changing or making investments within an asset class; not appointing new managers or advisors.]
        
        The Town Manager's decision may be administratively implemented by such individuals as he shall determine.

Mrs. Samul, Messrs Pena, Zacchio and Shea voted in favor.   Mr. Carlson abstained.


On a motion made by Mr.  Zacchio, seconded by Mr. Shea, it was voted:
RESOLVED:       That the Town Council approve the attached the Town of Avon, Retirement Plan
                Investment Policy Statement, June 2008 which is made part of these minutes.  

Mrs. Samul, Messrs Pena, Zacchio and Shea voted in favor.   Mr. Carlson abstained.

07/08-94        Road Acceptances                                                                        
                        
The Town Manager reported there are a number of roads for acceptance that total 2.56 miles.

On a motion made by Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council approve and accept the following roads:
                        a.      Biltmore Court                  0.11 miles
                        b.      Meadow Ridge                    0.50 miles
                        c.      Colby Way                               0.06 miles
                        d.      Tyler Court                             0.38 miles
                        e.      Kingswood Drive                 0.74 miles
                        f.      St. Michaels Court                      0.10 miles
                        g.      Foundland Way                   0.12 miles      
                        h.      Scarborough Drive                       0.32 miles
                        i.      Princeton Drive                 0.19 miles
                        j.      Newcastle Drive Extension       0.04 miles
                which equals a total of 2.56 miles of new road in the Avon roadway system.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    
                
07/08-95        Review, Discussion and Set Public Hearing Date: July 10th, 2008, 7:30 p.m., Amend Code of Ordinances; Raffles


Chairman Carlson reported they need to set a hearing date for July 10th, 2008, which is the next council meeting, for an amendment to the Code of Ordinances to allow raffles. The Town Manager reported there have been some statutory changes that require the Town to adopt certain sections of the statues.  In doing that it authorizes a process that organizations can apply through the Police Department to conduct raffles.  If we do not have the adoption of the procedures and processes, they can not apply for raffles. What we want to do is have the code of ordinances amended.  This whole issue arose when the high school class was exploring the idea of conducting a raffle to support the alcohol free graduation party.  Dr. Kisiel got involved in it and asked for the specific adoption, and we do have procedures for games of chance but not raffles.  We contacted the Town Attorney and he drafted the change. We are recommending we set up a Public Hearing. Assuming the Council adopts this at the July 10th meeting and it becomes effective 21 days after publication.

On a motion made by Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council schedule a Public Hearing on July 10th, 2008 at 7:30
p.m. to amend the Code of Ordinance, Raffles,

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

07/08-96        Review, Discussion and Approval: Fisher Farm Trail System, Grant Resolution


The Town Manager reported this is a continuation of grants that we have been receiving over the years to expand the trail system down at Fisher Meadows. This particular one goes south of Old Farms Road across from the parking lot and along the river and goes down and crosses where the Thompson brook goes into the river and continues to the Farmington town line. It will eventually cut across and there will be a parking lot on Tillotson Road and it will follow along the canal bed through the Fisher Farm.  It is connected with the other trails at Fisher Meadows. We have had a series of grants over the years to work on these trails. We need an authorization for the Town Manager to sign on behalf of the town.  The Town Planner administers these for us.

On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council approves entering into a renewal contract between the Town of
                Avon and the Department of Environmental Protection for a $12,443.45 award and the
Town Manager be authorized to sign the contract on behalf of the Town of Avon.  Be it
further resolved that the Town Council approve the following resolution:

RESOLVED:       that the Town of Avon hereby adopts as its policy to support the nondiscrimination
agreements and warranties required under Connecticut General Statutes § 4a-60(a)(1) and
§ 4a-60a(a)(1), as amended in the State of Connecticut Public Act 07-245 and sections
9(a)(1) and 10(a)(1) of Public Act 07-142.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    


07/08-97        Renewal of Agreement to Provide Assessing Services for FY 08/09 Town of Canton
                   

The Town Assessor reported he was present to request the renewal of the shared services contract with Canton.  This year's fee is roughly three and one half percent higher than last year. The total would be $48,960 plus expenses.  Canton has agreed to pay whatever the internal revenue allowance is. Currently it is 50.5 cents per mile.  There is nothing drastically different in this contract that has not appeared in other years. The way we provide the service is, typically go there every day in the morning and spend one to two hours and do field work.  We do provide them some clerical support in the fall when it comes to producing the personal property grand list.  That is budgeted within this amount. It has run smoothly. Anything dealing with the Revaluation is done separately and the contract was approved last month.  Canton has reviewed this contract and has approved it earlier in the month.  

On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council approve the contract renewal to provide assessing services to the
Town of Canton for the FY 08/09.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

Chairman Carlson reported he wanted to commend the Town Assessor on the presentation he made on Revaluation at the Library.  The feedback was extremely positive.  Mr. Pena stated there was only confusion on one item which was the grade. People were confused on what was an A, A-, besides that, have only heard positive things. Mrs. Samul reported what she had heard back was how patience the Town Assessor was in going over and answering the same question many, many times.

07/08-98        Authorization to Sign: Historic Documents Preservation Grant: $7,000
        

The Town Manager reported the Town of Avon is eligible to apply for this grant annually and we have been expanding our system of land records.  The goal is to go back for 40 years which is the standard for title searching.  What we have been doing is putting them into an electronic database, similar to the Assessor's records, so the title searches don’t have to come into the office.  This is the annual grant.


On a motion made by Mr. Pena, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council approve the resolution to give the Town Manager authority to
sign on behalf of the Town for the Avon the Historic Documents Preservation Grant.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.    

07/08-99        Review and Approval: 20% by 2010 Campaign                       


The Assistant to the Town Manager reported taking a fresh look at the campaign this year in terms of how to find the funds for the program and the commitment to purchase the renewable energy credits that we need to do because we have locked into an energy agreement with TransCanada.  We approached the Board of Education because of all the energy used they use two thirds of it each year, and the town one third.  The Board of Education did take this up at the meeting in May and they did agree to pay for two thirds of the cost so we are back to suggest that the Council match it on the town's side.  One third in this next year would be approximately $1,400 out of our budget.  We have not budgeted for it.  We can try to absorb it from various accounts.  That is one aspect of this. We would also need you to pass a resolution in support of the program that basically commits us to purchasing these credits to match 20%.  The town does not need to purchase the whole 20%, the state required through the statues, they need 5% and will work up to 9%, then 13%.  You would also have to establish an energy task force. It could be a staff committee; the Facilities Maintenance Committee could take this on.  Also, encouraging the residents to consider purchasing energy through this a number of residents have already done this. We have enough to get a free solar panel and we have talked about having it put in a school location to use as a teaching tool.  We need to go out with an RFP to select a vendor to purchase the credits from and we will try to negotiate rebates for any future residents who sign up.  

Mr. Pena reported they should reach out to the Chamber of Commerce and let them help and contact the businesses. It may be a good idea.  The Town Manager reported perhaps in the Chamber newsletter.  Mr. Pena stated it may make the employees feel good knowing they work for a company that supports clean energy. Mr. Shea stated they should also reach out to any business that is not in the Chamber. Chairman Carlson requested that in the next town newsletter that we do some coverage on this program as well as the program that is offered by Northeast Utilities. They come in at no charge and look for opportunities for energy savings, both airflow and water temperature. They replaced dozens of my light bulbs with florescent light bulbs.  

 Mrs. Samul reported she has real concerns with the program. Reading the resolution it says "electricity generation produces more harmful pollution than any single human activity".  Is that true or not? I am not sure if traditional measures trigger asthma attacks and contribute to other respiratory illnesses.  Maybe it is true that "energy needs are expected to grow over 33% over the next 30 years" but I don't know that. I don't know what it means when it says "the Town Council with a commitment of health of its citizens" that is vague to me.  I don't know what it means when it say, "the Town Council commits to allocating 100% of any electrical savings to additional town purchases of clean energy." Who budgets that and how do we know what the savings are?  She was also concerned with the "inadvertent consequences." There was an article that was put out by the Associated Press in April and this is a different scenario than we are talking about. San Diego went through this and did all of this and they suspended the use of the solar panels on their schools and the green initiative because they found in their case due to the energy bills that resulted from the gas and electric calculations the charges were much larger and they cancelled the program. We are in a different scenario with the companies here but don’t know enough to vote yes.  

The Assistant to the Town Manager stated she used the model resolution from the campaign so can't defend the assertions of growth of asthma and energy needs.  As to committing any savings to the program to be frank am not sure we are going to have any savings anytime soon, with the costs of energy going up as it is, so am not sure we are in danger of that. As to looking at such aspects of the program such as a solar roof, absolutely we are going to do a cost benefit analysis and decide whether a solar panel on the roof is the right way to go.  She attended a meeting two weeks ago and one town reported one roof in the town was two small to make it worth while.  This may not apply to us but have an obligation to come back to the Council and declare the findings.   

Chairman Carlson reported he is concerned about the wording in the second to last paragraph of the resolution. They do not define any electricity savings, are we talking dollars or KW hours savings.  While we may not save any dollar savings we may enjoy KW savings, so then would have to calculate the total dollar savings.  We may have to fund something we may not afford to fund since our dollars may have gone higher.  The Assistant to the Town Manager suggested going with dollars.  Mr. Pena questioned if they could remove themselves from this agreement. The Assistant to the Town Manager reported it is not binding.  Mr. Shea reported there are concerns with a lot of it and can modify some of it but in the end it is not a policy or an ordinance. We are embarking on a journey here and respect everyone's opinion but think it is just talking about trying to make some positive changes by 2010, and if we find some of the issues that were brought up are appropriate would suggest a quick change that could be done within a month. He would venture to say this is going to change and it is probably going to be sooner than later.

On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council approve the joining of the 20% by 2010 campaign and adopt the
following resolution:

WHEREAS,        the Avon Town Council promotes conservation and the study of the use of renewable
energy sources; and
WHEREAS,        electricity generation produces more harmful air pollution than any other singe human
activity and emission from traditional methods trigger asthma attacks and contribute to
other respiratory illnesses, as well as contribute significantly to global warming; and
WHEREAS,        the U.S. energy needs are expected to grow by 33% over the next 20 years and clean
technologies can be generated and distributed right in the U.S.; and
WHEREAS,        the Connecticut Legislature has mandated the creation of a clean energy option for
consumers who will be able to sign up for clean energy on their electric bill; and
NOW, THEREFORE, BE IT RESOLVED that the Town council with a commitment to the health of it's
citizens, commits the Town of Avon to the 20% by 2010 Campaign where, by the year
2010, the municipal facilities will purchase 20% of energy needs from clean energy sources and that the town staff will investigate all options for meeting that goal and beginning  the purchases as soon as possible, including purchasing RECs (Renewable Energy Certificates), local clean energy installations and possible state and federal funding opportunities; and
BE IT FURTHER RESOLVED that the town staff explores the Connecticut Clean Energy Communities
Program that provides qualified cities and towns with clean energy systems, free of
charge, by meeting certain requirements.  The benefits of such programs include a no-
cost option for the city, reduced electricity demand on the state's  transmissions and
distribution system, reduced emission of harmful environmental pollutants and energy
independence; and
BE IT FURTHER RESOLVED that the Town Council commits to allocating 100% of any electricity
savings to additional town purchases of clean energy and that the Facilities Maintenance
Study Committee continues to oversee the progress of the Town's commitment; and
BE IT FURTHER RESOLVED that the Town Council encourages residents and businesses to choose
the clean energy option on their electricity bill when it becomes available, and will
declare a Clean Energy Day to announce the Town's commitment to 20% by 2010 and
raise awareness of the clean energy options.

Messrs Carlson, Pena, Zacchio and Shea voted in favor. Mrs. Samul voted nay.

07/08-100       Approve Resolution: Small Town Economic Assistance Program  (STEAP)  Grant, $309,595


On a motion made by Mr. Shea, seconded by Mrs. Samul, it was voted:
RESOLVED:   That the Town Council approve the following resolution:


WHEREAS, pursuant to C.G.S  4-66g, the Connecticut Department of Economic and Community
Development is authorized to extend financial assistance for economic development
projects;
WHEREAS, it is desirable and in the public interest that the  Town of Avon make an application to
the State for    $309,595   in order to undertake the   decorative lighting and sidewalk plan
in the village center     and to execute an Assistance Agreement.

NOW, THEREFORE, BE IT RESOLVED by the Town Council

1.      That it is cognizant of the conditions and prerequisites for the state financial assistance imposed by C.G.S  4-66g

2.      That the filing of an application for State financial assistance by
the Town of Avon    in an amount not to exceed $309,595  is hereby approved and that Philip K. Schenck, Jr., Town Manager is directed to execute and file such application with the Connecticut Department of Economic and Community Development, to provide such additional information, to execute such other documents as may be required, to execute an Assistance Agreement with the State of Connecticut for State financial assistance if such an agreement is offered, to execute any amendments, decisions, and revisions thereto, and to act as the authorized representative of Town of Avon   

3.      That it hereby adopts or has adopted as its policy to support the following nondiscrimination agreements and warranties required under subsection (a)(1) of Connecticut General Statutes sections 4a-60 and 4a-60a, respectively, as amended by Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07-142 and, and for which purposes the "contractor" is   Town of Avon    and "contract" is said Assistance Agreement:

        The Contractor agrees and warrants that in the performance of the contract such contractor will
not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry sex, mental retardation or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of work involved, in any manner prohibited by the laws of United States or of the state of Connecticut.   The contractor further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation, or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved.

The contractor agrees and warrants that in the performance of the contract such contractor
will not discriminate or permit discrimination against any person or group of persons on the
grounds of sexual orientation, in any manner prohibited by the laws of the United States or of
the state of Connecticut, and that employees are treated when employed without regard to
their sexual orientation.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

07/08-101       Bid Award: Grounds Maintenance Services, $84,745        


The Assistant to the Town Manager reported due to some changes in Public Works and retirements we put out to bid this spring, the maintenance of all of the Town properties that we have maintained ourselves.   We took it a step further and included, not only mowing but spring and fall cleanup, fertilization, mulching, weeding, pruning, just about everything except snowplowing.  We had 14 vendors attend the pre-bid conference and received four bids.  The low bid from one vendor was $262,000. Unfortunately, it was well above what we had to spend in this next year. We did not know what these things would cost so we spent a bit of time reviewing them and creating a strategy on how we could implement it in this first year.  The budget included $40,860 and we were short by $43,885.  We found the money by awarding separate bids to the three vendors who were the lowest on the properties.  There are overtime savings that we will achieve.  We are going to delay the implementation of the mowing services until the middle of July. With the combination of these, we will make up the amount we were short.  

Chairman Carlson questioned if there is still a need for the machinery.  The Assistant to the Town Manager reported it will still be used on the athletic fields and will continue to maintain all of those.  We have always been behind with the fields with the staff we have and believe we will do a good job with this new setup.  The only downside is the second and third years cost will go up.  We feel very good about the three firms. One of them we are working with already. The other two come very highly recommended.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council award a three year agreement to the apparent low bidders Lawn
Taylors, Inc., Butler Company and Stabnick Landscape & Design in the amount of $261,745 for three years of service.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor                                  

Mrs. Samul reported it seems like it will be more management intense on the part of the staff and appreciate the willingness to do that to provide some savings.

07/08-102       Bid Award: Senior Center Roof Replacement, $135,000     


The Assistant to the Town Manager recommended tabling the item until the FY 08/09 budget is finalized.  

On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council table Item 07/08-102 Bid Award, Senior Center Roof
  Replacement.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor                                  

07/08-103       Resignation: Town Council Representative - Avon Volunteer Fire Department; Russell Peckham


On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED:   That the Town Council accept with regret the resignation of Russell Peckham as the
 Town Council's Representative to the Avon Volunteer Fire Department.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor                                  

07/08-104       Appointment: Town Council Representative - Avon Volunteer Fire Department  


On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council table the appointment of the Town Council Representative to
the Avon Volunteer Fire Department.  

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor                                  
        
07/08-105       Supplemental Appropriation: $27,113.09 Reimbursement for Truck Accident Impoundment Yard Construction

The Town Manager reported we have received reimbursement from the Avon Mountain truck accident insurance company.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council hereby recommends that the Board of Finance amend
the FY 07/08 Budget by increasing:
REVENUES
General Fund, Other Local Revenues, Refunds & Reimbursements, Account # 01-0360,43612 in the amount of $27,113.09,
and increasing
 APPROPRIATIONS
General Fund, Roadways, General Service, Account # 01-3101-52185 in the amount of $27,113.09 for the purpose of recording the payments received from the trucking company and the insurance company to reimburse the Town for the police impound lot expansion.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor                                  

07/08-106       Review and Discussion: Revision of Town Council Policy #3 Recognition of Officials and Town Employees


The Clerk to the Town Council suggested possibly awarding in the increment of years, 5-10 years, 10-20 years and presenting different types of awards.  This is just a recommendation and is certainly doesn't address the bench problem.  For 5-10 years recommending a pin with the town seal, it would be something that people in town would recognize.  With all of the items she followed the instructions from the Town Manager to spend $50.00 or less. For 20 years it would be a clock.  This is something that would be about $50.00.  The nice part is there are several people in the Avon Chamber that do this sort of thing and are looking forward to working with Avon people on this.  The Town Manager stated we will work to reword the policy.

Mr. Shea questioned if the awards would be ready for the July 10th meeting?  The Clerk reported they could be. Mr. Shea reported they would like to present Becky Blackenbicker and Russell Peckham with an award.  The whole process started because of Becky and we still have not recognized her.  

07/08-107       Contract Award: Roaring Brook School Boiler Replacement                 


The Assistant to the Town Manager reported this item is currently out to bid. Chairman Carlson reported if the budget does not pass on June 25th we are going to have to sit with the Board of Finance and come up with a special resolution to have the money from the surplus to replace the boiler. The Assistant to the Town Manager stated they could see if they can make it an additional year but if the boiler doesn't make it then you have to shut the school down to have the boiler replaced.  The engineering was not done quick enough to have it go out to bid any sooner.  We will have the bids on June 20th so we will know before the Referendum.  

Chairman Carlson stated no matter what happen on Monday night, if they say cut this much money we have to keep this item in the budget.  The Assistant to the Town Manager stated nothing needs to be signed this evening. She was just trying to save a few days with giving the Town Manager the authorization to sign the contract.  Chairman Carlson stated he wants to be careful of the wording to make sure it coming out of next year's budget once it is finalized.

On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED:  That the Town Council approves the contract award for the Roaring Brook School
Boiler replacement and authorizes the Town Manager to sign the contract on behalf of
the Town of Avon, to be funded in the FY 08/09 budget or by a special appropriation from surplus.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor       

Mrs. Samul reported it has come to her attention that Roaring Brook School is over an aquifer and it was suggested that we look at a hydro system, a heat pump system to get the heat out of the ground. Again we would have to do a cost savings analysis and in the future it would be advisable for us to consider looking at this.

TOWN MANAGER’S REPORT/MISCELLANEOUS


The Assistant to the Town Manager reported regarding Building 5 & 6, we have several minor modifications that need to be finalized and we are trying to do that before the end of the summer but it really won't close until next fall when we bond it.  The high school is also going very well and is nearing completion.  There is a savings of about $1.1million as of now, taking into account the change orders.  There are some more change orders that have been discussed and are about to be discussed by the Committee.  FIP has asked for some additional fees since they cannot complete the gym floor construction and we found some asbestos in the floor and we can not dispose of that while any children are in the building.  That combination of factors means they will be coming back on site and doing that during June and July. There was also a suggestion to turn a grass area outside of the cafeteria to either concrete or bituminous to lessen the maintenance.  An additional sandwich station, they have one, is very popular and the lines are keeping the kids from eating their lunches.  Mr. Shea questioned how the Building Committee feels about the sandwich issue.  The Assistant to the Town Manager reported they were not all able to go and walk it after the last meeting and those who were there were split on the decision. She had heard anywhere from $5,000 to $25,000 for an additional station.  Mr. Shea stated this is to have made to order sandwiches. The Assistant to the Town Manager reported there are pre-made sandwiches, pizzas, hot stations and cold stations. This is just a choice for the students and staff.  Mr. Pena reported it is a popular station.  Mr. Shea reported it slows down the lines. The Assistant to the Town Manager reported this is the first station you enter and it gets backed up with people waiting in line.  The Assistant to the Town Manager reported they are expected to have some additional electricity costs and has heard something about adding a staircase from the football field up to the horse shoe parking area since students are walking up and down and want to put in a concrete stairwell and landscaping, some minor fencing changes and the press box.  The Board of Education did vote on this and decided it was crucial. The furniture is almost all ordered. Mrs. Samul questioned the technology costs.  The Assistant to the Town Manager reported they are smart boards and projectors in the ceilings.  

The Assistant to the Town Manager reported the Library Committee will attend the next meeting in July to make a presentation on where they stand on the design, budget and Planning and Zoning so that they can bring forward a resolution in August so they can have approval to apply for the grant.  It is going very well. We invited 19 residents from the area to a meeting last night and only two came.  They were all positive. We tried to reach out to more than just the abutters to the neighborhoods.  She further reported the middle school roof is out to bid and will be back the middle of next week. Verville Road went out to bid and will be back in on June 25th.

The Assistant to the Town Manager reported on the Emergency Generator Maintenance bid to maintain the Town, Board of Education and the WPCA and it appears we will save about $5,000 to $6,000 per year for the next several years the same outcome with the field irrigation.  Mr. Pena stated if a tally is being kept with the savings.  The Town Manager reported we could do that.  Mrs. Samul reported this may be good information to report at the Town Meetings. We are asking the staff to look at their items and see if any savings can be made.  

The Assistant to the Town Manager reported the state has been working through the process of getting the contract signed and the money to CRCOG.  There is a meeting on Monday to go over the process on the money and how to go about spending it.  We are participating in eight different programs.  The Town Manager reported one big one is the Rails to Trails.

 The Director of Finance reported the Quarterly Report may be a bit outdated.  The Town Manager reported it does have updates on our deficits and what we are working on.  The Director of Finance reported from an operational aspect you can see the number of bills to sign off on has diminished and many people have been very good with adhering to the spending freeze.  At this point we have an anticipated $465,000 deficit and it has not moved from there which is a good thing. The Board of Education has come up with some additional cost savings ideas. Revenues are doing better. We see some positive variances.   The Town Manager reported the tax collection is at 99.87% about $44,000 is still out.  Building permits, we had only one out in the month of May this time last year we had 21 of them. We will probably make $500,000 in building permits this year which is less then we had forecasted.  Building is certainly down and is staying down.  Remember that out of the deficit, $200,000 is from pensions, $100,000 is from hydrants.  We have a reserve for $100,000 in the pension which will be transferred but we still have an issue regarding the pension and it is due to several items. One is because the stock markets performance and the other because of early retirement and union contract adjustments.  The reason we did not catch it and budget for it was because the actuary did not give us the report until after the budget was established.  The Town Manager reported we also have the conveyance tax for the current year and we are not sure where that is going for the next year.  There is supposed to be a special session of the legislature called.  We have not ever budgeted any of this because of the possible sunsetting. Mr. Pena questioned how much the conveyance tax comes to us.  The Town Manager reported the Town receives $550,000 but it has been as high as $750,000.  

The Town Manager reported an email was received from a Mrs. Squares about changing the landfill sign and making it into Recycling Center instead of landfill.  Chairman Carlson questioned if the sign needs to be replaced and the Town Manager reported no.  Chairman Carlson reported his concern with that is once you change one sign then you keep changing signs.  The Town Manager reported we are looking to changing all of the signs eventually.  Chairman Carlson stated the suggestion should be held until them.  Write a letter thanking her for the suggestion and letting her know what the process will be.  

The Town Manager further reported several years ago there were discussions about a cell tower on Lovely Street.  The latest is that the Lutheran Church has signed a contract with AT&T yesterday to put in a tower on church property behind the church and the application will now go into the Citing Council.  It should be about a year before the process is complete.  Mrs. Samul questioned if there will be any dead spots.  The Town Manager reported there are always dead spots and we have tried to take care of the worse ones.  We have had problems on Talcott Notch. Verizon has put a tower down on Simmons Farm. He further reported enclosed are copies of the final teacher's contract, and copies of the   presentation that the Town Assessor gave regarding Revaluation which went well.  

EXECUTIVE SESSION: Litigation/Negotiation


On a motion made by Mr. Shea, seconded by Mr. Pena it was voted:
RESOLVED:  That the Town Council go into Executive Session at  10:10 p.m. to discuss land
                  negotiation and personnel issues.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

Present:  Town Manager, Assistant to the Town Manager, Town Council Clerk.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council come out of Executive Session at 10:40 p.m.

Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

ADJOURN


The meeting was adjourned at 10:40 p.m.


Attest:  



Caroline B. LaMonica
Clerk