Town of Avon, CT Minutes & Agendas Archive - Town Council Minutes 08/07/2008

Town Council Minutes 08/07/2008

AVON TOWN COUNCIL

MEETING MINUTES

August 7, 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. Pena and Shea. Absent: Mr. Zacchio.

SERVICE AWARDS: Service as Member and Chair (over 25 years); Inland Wetlands Commission, Rebecca Blankenbicker

Cliff Thier, Chair of the Inland Wetlands Commission reported Becky has served the Town of Avon for 26 years which puts him at awe of her. Knowing what she has done and the traditional service that she has established and is glad the Town is recognizing this. Avon is a beautiful place to live and it is largely due to what Becky has done.

Chairman Carlson stated the Council had developed a recognition policy and for those who have served 20 years or over will receive a plaque and Becky will be the first recipient for service to the Town of Avon 2008. We have been blessed to work with such wonderful people that have served for so many years in so many different capacities over the years. The Inland Wetlands is a very important board and they implement policies that we see everyday. Congratulations!

MINUTES OF PRECEDING MEETINGS: June 26, 2008 and July 10, 2008

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:

RESOLVED: That the Town Council accept the June 26, 2008 minutes as read,

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

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:

RESOLVED: That the Town Council accept the July 10, 2008 minutes as read,

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

COMMUNICATION FROM AUDIENCE – Items not on this Agenda

Tatyana Ishutkina, 24 Brentwood Drive, reported two years ago she completed an experimental art project with students from universities around the country. Recently we received a project proposal for an international project from Art Movements East West. In order for us to fund this project we are looking for some grants and one of the ways to do this is to go to the Sister Cities Organization. We would like to propose to be a sister city. It is ok to have multiple cities in one country that is a sister city. The handout has some background information, letter of support and outlines some projects we are looking to do in Avon. This will bring artists to Avon. In order to fund this we would strongly ask if Avon could be a sister city. Chairman Carlson stated on the surface it seems like a wonderful opportunity for the Town of Avon. Please work with the Town Manager's office to look into the details. We will look for the Town Manager to report back to the Council with a recommendation at our next meeting.

Linda Goodman, 2 Farmstead Lane, reported following the rejection of the proposal to form a charter revision exploratory committee at the last Town Council meeting, there was an article that appeared in the July 11^th Hartford Courant that quoted Mr. Bill Shea as saying the Charter is a constitutional document that serves the town well. She would like to hear from the Council how a constitution document serves the Town well if a democratically elected body is free to disregard the mandates of the voters. Mr. Shea reported he does not feel that the Council violated anything. The Council acted in the best interest of the Town and the best interest of the community. It was a good compromised budget which will serve the Town well and function in the manner that Avon is use to functioning. Ms. Goodman further reported the budget is the first aspect of her issue which is the Charter revision. The statement, as she understood it, was that the constitution works as it should and serves the Town well. What she is interested in hearing from the members of the Council if this is a democratically elected body of five individuals, how does it serve the Town well if five individuals can override the Referendum by the people. Mr. Pena stated it is important to understand that when the Council was elected and sworn in that we are really here to abide by all the people of Avon and not just a select few. He understands the vote but we have a duty to all the people of Avon.

Ms. Goodman questioned in the August 1^st issue of the Avon Post, the reason gave for the Council's decision against forming an exploratory committee to investigate potential Charter revisions was because of concerns that people with special interests, such as groups that are dissatisfied with the budget process, would attempt to influence the forthcoming charter revision process and that explanation confused her because she always thought an advocacy system was precisely the point of a democracy. She is interested in the Council's definition of a democracy. Chairman Carlson reported the advocacy system is allowed to exist if there are people out there that wish to proceed down the path of Charter revision and they have an option to do so through a petition, roughly 1,100 signatures. That was the way it was done the last time. Those who advocate a particular position are free to go that path and we would have to listen to that mandate. Ms. Goodman stated the implication of that quote was that the reason that the charter exploratory commission was rejected was because a group of individuals may advocate a particular position. Her particular proposal did not address a particular issue it was just specific that the charter revision exploratory committee to determine whether of not the Town of Avon wanted to uphold the charter provision that allows the Council to override the mandate of the people through legitimately held referenda. My understanding of the answer was that because of a concern that there may be an individual or groups of individuals who may advocate a particular point of view the Council chose not to let it go forward. Mrs. Samul reported the Town Council is a legislative body and if we felt it was time to change any form of government, the relationship between the boards, committee, go from a Town Manager to a Mayor system, those are the types of issues that the Town Council would initiating a review of the Charter. If there is something such as wanting to change a particular provision in the Town Charter, such as having unlimited number of Referenda until the town approves the budget, such as outlining conflicts of interest in more detail. Those are the types of things that she reads in the Charter as to be coming from the public and not from the Council. We have a two tier system which gives the public a great deal of flexibility to initiate a variety of issues to bring to the Charter. She does not think that is the purpose of the legislative body.

Flo Stahl, 2 Sunset Trail, reported when the Charter was last updated ten years ago, nobody could have foreseen how some of the provisions in the Charter would have played out. There is a reason that people recommended changes to the Charter at that time, also recommended that the Town Council at least consider a review of the Charter every ten years. The Charter is a living document and you learn from it. To Mr. Pena's point in the newspaper that we may be reacting to a knee jerk reaction to a very emotional vote, once you appoint a committee, it is a very slow deliberative process. It takes months and months of the committee's time and the recommendations come back to the Council and the Council filters the recommendations. It is deliberative and it is very slow. It is a good process to look at the Charter every now and then. Does the Council say any changes from the Council have to come from the people. It does not have to be that way. Please reconsider and appoint a committee. It is going to take a long time before that committee comes back. It is a slow process. Mr. Shea stated it is not the Council's position that any changes or suggested changes must come from the public. It can come from this board, any board, and town staff. Anyone can do that. It is not just the public.

Vernon Gresh, 36 Forge Drive, reported he felt the Town took a huge step when the Town went from Yeah to Nay votes and he felt comfortable with this for years. Now with what has happened with the Referenda and overturning the decision. What happened to a government of the people, by the people, and for the people. He feels a loss.

Myrna Gresh, 36 Forge Drive, reported it is the Council's job to represent all of the people. All of the voters have an opportunity to vote and she feels it is the Council's job to represent the majority of the people who are willing to come out and vote and express their opinion. The idea that the Council is going to decide what is going to be represented or not, defeats the point of a referendum. The peoples vote should count. People are saying why even bother voting if the Council is going to do what they want at the end anyways. Please consider doing something about this law that gives the Council the right to decide. It destroys the feeling of a democracy in our Town. Mr. Shea reported between the first and third referendum the budget was cut around $2.2 million. The tax rate was not raised. The process produced a different document. Ms. Gresh reported the town cuts could have been mitigated by the Town Council and to me that is not right.

A resident from 216 Burnham Road, questioned when the Council chose to increase the budget was this a unanimous decision. Chairman Carlson reported the decision was unanimous.

Ms. Goodman reported she agrees with all of the comments made this evening but when it comes to her proposal, she is viewing it as a macro issue. It is a strategic issue and the issue if whether or not we want to have the Town Charter exist as it currently does or do we want an exploratory committee to investigate whether we want to maintain the provision that allows the Town Council to override referendum. Chairman Carlson reported this is the only referendum that the Council can override. This is the only issue that the Council can override a decision to. It is just the budget. Ms. Goodman reported she agrees with the explanation that was given but sometime people can disagree with the spin that things are given. She further stated if the Council would reconsider the creation of an exploratory committee that is a very deliberate process, which may or may not come up with some of the things we are hoping for, it then comes back to you as the Council. Then if you feel there is merit in the recommendation then it goes to the voters. This does not mitigate the voter's right to make a decision. It is a multi-tier process. Mrs. Samul questioned if the Council approved the creation of the Committee and they come back with the recommendations and the Town Council says no to all of them. What would be your thoughts then when the Council overrode the recommendations of an independent committee. Ms. Goodman stated she would have to see what the recommendations were and where we are at that point. The overriding belief is in a democratically elected community that ultimately it is the will of the people that ought to be represented unless there is something, unless the overriding majority of the people wanted to put forth something that aggregated the civil rights of the group. Short of that it is her belief that in a democracy it should be the will of the people.

Mrs. Samul stated a number of people have mentioned that the Council had raised the budget after the Referendum which we did not. There was a specific $177,000 that was needed because of an increase in costs to replace the boiler at the Roaring Brook School. That night Mr. Carlson asked what all of our options were in this situation. If the budget had passed that evening, we would still have this bill for $177,000. We still would have gone to the Board of Finance to get the money from our Reserves. Chairman Carlson reported the easiest thing for the Council to have done was to take the $200,000 from the conveyance fees and add it as revenue and decrease the budget by the $200,000 which we could have done very easily but the problem at Roaring Brook school would still exist. People would have seen that we decreased the budget. My argument was let's not play a slight of hand here. We get criticized for transparency in government and we were very transparent in what was going on that night because I did not want to play that game.

Mr. Gresh reported people are cutting back, and the Council should cut back a small amount off of each department and cut the budget. Chairman Carlson reported we could have showed the $200,000 as revenue and decreased the budget but felt this was not prudent. Ms. Stahl stated she was at that meeting and wanted to set the record straight. Following the third budget defeat the Council met to set the tax rate. You were presenting new information that night, the expense side, i.e. the boiler and the revenue side, i.e. the conveyance tax. Both of this was new information to you. The Council chose to not use $1,000 of the $200,000 of found money. Chairman Carlson reported the boiler went up by $177,000. The remainder $23,000 went into surplus. Would you have been happy if the Council would have reduced the budget by $23,000? Ms. Stahl stated the issue would have gone away if the Council would have made a good faith effort to reduce the budget by some amount. The Capital budget was increased by $177,000 and you found no offset to that. Again, it seems to me there could have been a good faith estimate to reduce the operating budget by a token amount, and then I think the issue would have gone away because the people of Avon would have said it is not what we wanted but it was reduced. Mr. Shea reported they can go on debating this from now until the next budget hearing. We have done it at every meeting since. What you have before you is a very feeling Council that is not interested in paying any more taxes than anyone else. What we have to agree upon that everyone at some point in the process has to compromise. Whether you are for or against the budget. These budgets are living breathing documents, compromised budgets. We have heard you and respect your position. We did what we felt was in the best interest of the Town. The record is straight; there are no hidden documents or agendas. The facts are the facts. We are starting the budget process again in October. Ms. Stahl reported we are only at this because of the charter revision.

A resident from 216 Burham Road reported the $177,000 that was added to the budget but the damage that was done and the message that was sent out was just damaging to the people, how they feel about voting and if they vote in the future. If appointing a commission to look at the Charter is going to start to put faith back into the people that you listened to them and that you are concerned. This is very important since this was so damaging.

A resident from 486 Waterville Road reported this is a disappointment that the Council did not consider the vote of the people.

COMMUNICATION FROM COUNCIL

Chief Mark Rinaldo introduced the three new officers to the Council; Officer Ryan Dery, Officer John Schmalberger, and Officer Ryan Cuscovitch. Officer Dery reported he was hired December 2006 and it has been a pleasure working in Avon. Officer John Schmalberger reported he was hired in January and just finished at the New Britain Police Academy. He is in the first week of his FTO (field training) and it has been a great experience so far. Officer Ryan Cuscovitch reported he went to the University of Hartford and just graduated the academy. He is looking forward to working the next 25 years in Avon. Chief Rinaldo reported that Officers Schmalberger and Cuscovitch are still in FTO training program. To hire a police officer it takes almost a year and a half. They have fourteen more weeks to go. Officer Dery is out there already and it doing an excellent job. These three gentlemen are a perfect fit for the community and a perfect fit for the Police Department and we are very happy to have them here. We have one more officer in the academy that should be graduating next month. Chairman Carlson questioned if the Department is fully staffed after the new hires. Chief Rinaldo reported they have one more position to fill to be fully staffed, but it looks like in July we will have four officers leaving so we will have to fill those positions as well.

Mrs. Samul reported she and Mr. Pena both attended the Wal-Mart grand re-opening where they go through and redesign the stores every five to seven years and were very gracious in providing $1,000 to both the Fire Department and the Police Department.

Mr. Shea reported he drives by the Sycamore Hills pool and drove in at Family night. Every parking space was filled and it seemed like people were having a great time. Hopefully that annual event will continue. The Town Manager reported there is a series of family fun nights and had over 700 people sign up.

Chairman Carlson reported on September 9^th at 6:00 p.m. the Helen and Harry Gray Cancer Center in Avon will be opening and there will be a ribbon cutting ceremony. It was just a year ago that we broke ground on this and it is a 15,000 square foot addition to the community. For anyone who has a family member who has been treated for cancer and had to deal with going into the city for treatment it adds a degree of emotion to it.

OLD BUSINESS

07/08-08 Status Report: Building Committee: Avon Free Public Library Renovations/Additions Committee

Mrs. Diane Hornaday reported at the last Town Council meeting the Council asked about the Community Room in the high school and we indicated to you a degree of surprise about that. She called Hank Frey, Chair of the Avon High School Building Committee and he reported the community room is to be used by the internal school personnel and students. There is not an external door to be able to access the room in the evening when the school is not open.

Ms. Diane Carney reported she must admit she did not agree with the first proposed budget to the Town Council. She thought it was too high and thought it would not pass at Referendum. The Building Committee met, discussed and agreed the costs would have to be cut. The new proposal, which is under $8million, has a good chance of meeting the approval of the Avon residents, but only if it is marketed correctly. A town wide publicity campaign would be a good way to inform and get the residents involved. We have to be open with the costs and stress the benefits and importance to the public. It would be important to have a donor's wall with a list of significant donors. People like to see themselves recognized. Chairman Carlson reported the Town has to be careful with what we can say and not say. We can not pick a position for or against to sway the Referendum.

Barbara Leonard, 73 Timber Lane, president of the Friends of the Library, reported the Friends of the Library and the Board of Directors put out five newsletters per year. The September newsletter goes to all the residents in the Town and usually kicks off our fundraising drive. For several years we have put expansion updates in the newsletter. What we are proposing is in the September issue we would like to use a color rendering of the east elevation of the proposed Library. We would hope that you would concur that this would be a good opportunity to get the first rendering to the people of Avon. The newsletter would go out the week after Labor Day and would go to all the households in the community. We would also like to make the Council aware that September is a big month for meetings. We are willing to go out and make small presentations to PTO's and other organizations, to get them on board with the project. The Library has something for everyone and we want to get the word out and we hope you concur. Chairman Carlson stated when the color is shown, do the new addition in a shade lighter or darker so people can see where the new area is. Ms. Leonard reported the information to the community would be an introduction to the project not the numbers. The Town Manager reported the only concern would be the renderings were paid for with town money and you can not advocate for something with town money after a town meeting date has been set. He will check with the Secretary of the States office and the Town Attorney to make sure we are ok with this. Mrs. Samul questioned where the money would be coming from for the coloring renderings. Did the friends buy the renderings. Ms. Leonard reported the Board and the Friends of the Library would be paying for the color renderings in the newsletters. The color renderings were paid for with town funds.

Ms. Ginny Vocelli, Library Director, reported the Board did a feasibility study on fundraising for the Library. They have been impressed with the people's willingness to participate. People have stated the amount is reasonable, and the message should be tailored to different groups to sell the idea and the project needs to be as frugal and as accurate as possible. What we have been working on is operational costs projected for the next three years. The plan is very well thought out. There is a spreadsheet that details all the operational cost after the expansion. We have listed everything from a full-time position to a part-time Sunday Librarian. We compared the Avon Library staffing to Library's in other areas as well. We are recommending this plan because we feel additional staffing will be needed. The building will be twice the size and security and safety will be a factor. We want to be able to handle the additional space and make sure people get the information that they need. We are also projected an increase usage of 7% of circulation. This happens consistently when a Library is enlarged since things are more spread out and noticeable. We do anticipate this. Additional staff will also be needed to provide additional programs and services. We have waiting lists for story time and there is a need for group meeting spaces in town. Just to summarize, we would be requesting, over a two and half year period, three full time positions, which would be one new position and convert two existing positions to full time, two 25 hours per week positions. We would add two Library specialists, computer technician, two part-time Library assistants for Sundays, a Library assistant part-time and add hours to an existing Library assistant part-time. The priorities again are for public service in young adult and children's area and reference areas. The recommendations presented are made on a phase in basis. This is a very conservative plan. We are not asking for more than is needed. The staging may take longer than we would like it to but we understand that. The only fear is that if we do not get all the staffing we need than we may not be able to open everything all the time or keep the areas open.

Chairman Carlson reported he is in favor of the project. There is a necessity for it, but where he is struggling is with the operating cost. A total of $300,000 in the first full year, which represents a percent and half of the total operating budget as an increase, which is a pretty large increase for us to digest in a year. The budget last year went up approx. 5%, now all of a sudden this is 1.5% right here on top of all the day to day increases. We just did the high school $25million renovation/addition with about a $400,000 increase in operating costs in the first year. When you ratio it out it doesn't seem right. What is driving that large increase. Mr. Shea reported it is close to $409,000 since that is what is going to hit the budget. Ms. Vocelli reported they are catching up in terms of that building and staffing because the staffing comparison shows we are behind compared to other Libraries. Some additional staffing will be needed with a larger building. Chairman Carlson questioned if we could do a different phase in staffing. Ms. Vocelli stated they would be applying for fundraising foundations for additional revenues. We can apply and have these revenues pay for a portion of a salary for a year. Would the Council consider something like that to help us get started. Mr. Pena reported he concurs with Chairman Carlson. The Library is great but the operating budget is very high. If we can phase it in, it would help but it will still be difficult. Ms. Vocelli reported the staffing is part of the service. We can take another look at it and prioritize some of the needs, but if you look at the space, it is an open floor plan but it is twice the size. Mr. Shea reported the staff, board and friends of the Library just need to stay focused on how it impacts the debt service of the town and how the operating budget is impacted. We need to tell the residents what the costs will be before the Referendum. The staffing plans need to be set before we go to the Referendum. Chairman Carlson reported we have always told the residents not only the construction costs but also what the operating costs would be. The debt service may not go up at all but we do have the operating issue to worry about. Please re-look at how it can be phased in. Mr. Pena stated the question on the grant; he is not sure how he feels about that. Ms. Vocelli reported the positions would be supported by the grant money, instead of furniture it would be money for salaries.

Mrs. Samul stated the Library is suggesting 11 full-time when it comes to full operation, you have 28 part-time, you are going to drop two of the part-time to convert to full-time and you are adding six more part-time people, so you will have 32 part-time people, with increasing hours for two of them. Ms. Vocelli reported the numbers include salaries, benefits. Mrs. Samul reported the existing building is 18,000 including the mechanical. The proposed building is going to have 23,750 sq. ft. on first floor and 16,250 sq. ft. second floor which total 40,000 sq.ft., then you were adding 13,500 sq. ft to the basement, and taking 5,000 sq ft. out for mechanicals. There was talk about finishing the basement and there is a public stairwell to the basement. How does this impact the staffing, utilities? Ms. Vocelli reported it was code to have access to the basement. It was a building requirement. There will be no programs in the basement. It would be an Information Technology room and a room for work if needed. Mrs. Hornaday reported what we are proposing for the basement is it would be storage for the books for the book sale and when the sale occurs, it would occur in the basement. It is anticipated that a significant portion of the basement would be for the Town and used for Town storage. It is one of the cheapest way to get storage for the town.

Mrs. Samul further questioned where the 2,000 sq ft. was taken from. Ms. Vocelli reported it was 1,000 on both floors. Mrs. Samul questioned how seriously the Library has considered closing your operation during construction. A rental fee of $15 per sq. ft. is a lot to pay. Is there any setup for reserve or replacements? Ms. Vocelli reported the Library has never been encouraged to do that.

Mr. Shea reported as a line item that the fundraising would be $500,000, and appreciate your concern in the difficulty and challenging of reaching that number. Hopefully you will reach that number and keep pushing. Simsbury raised $1million and hopefully we will do the same.

The Assistant Town Manager reported the budget was reduced by $30,000 with the switch from hooking up to the sewer to keeping a new septic system. The cost of the new septic system is $30,000. To pick up to the sewer would have been near $60,000. The tank will be replaced but it will be half of what we originally planned.

Mrs. Samul reported if you only try to raise $500,000 and then you raise $1million to do what you want, she would like to see the Referendum number as low as possible. If you feel you can raise $1million then we should reduce the Referendum by that amount. Ms. Vocelli reported the study is being done and they felt that $500,000 was a realistic number to reach for in this economy but we will know better in October.

The Assistant Town Manager reported two primary drivers are the utilities cost, which would be double what they would be today and that does include the basement and janitorial services, which is just under one dollar a square foot. We are going from 18,000 to about 40,000 sq. ft. Chairman Carlson questioned what the current utilities costs are and are you taking advantage of all the greening possibilities. The Assistant Town Manager stated currently this year's budget is just under $61,000 and we will be to the extent that is financially appropriate to do so. We will be fully LEED certified but all the things that we can incorporate to assist with that. We will also be seeking any rebates for new efficient systems. If this budget is acceptable to you this would be the budget that we would go forward with. All the fees have been adjusted with all of the challenges we gave to him. We are just under the

$9.5million and if the fundraising and grant is successful than just under $8million. We are really aiming for the $7.5million and hopefully that number is more acceptable than the number we spoke about last month. Mrs. Samul questioned if the three percent increase for each year is based on history. The Assistant Town Manager reported it is based on projected assumptions. Natural gas is not projected to go up at all next year but electricity sure has been. This may be flat or not, we are not sure. This is our best estimate. We drafted timelines of the Referendum schedule. This may be good to review and discuss at a later point.

On a motion made by Mr. Shea, seconded by Mrs. Samul, it was voted:

RESOLVED: That the duly appointed Town Manager is empowered to apply for a State Public Library Construction Grant and to execute and deliver in the name and on behalf of this organization a certain contract with the Connecticut State Library, State of Connecticut, for a State Public Library Construction Grant.

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

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

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:

RESOLVED: That the Town Council appoint David Bourgard as the Town Council's Representative to the Avon Volunteer Fire Department.

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

07/08-106 Adoption: Revised Town Council Policy #3: Recognition of Officials and Town Employees

Ms. Caroline LaMonica reported for ten years of service she proposed a pin, which is the size of the seal that was on the paperweight. Up to twenty years of service it would be an acrylic plaque and that we would be presenting to Russell Peckham in September. Today we presented to Ms. Blankenbicker a clock, and that is for twenty years or better. She also included in the policy the Town employees. Chairman Carlson questioned what the budget would be for the year. Ms. LaMonica reported there is no budget. It comes out of the Town Council office supplies budget. The price for the clock is $90.00, the plaque is $35.00 and the pins are $5.00. Chairman Carlson reported that is less than a few hundred dollars. It is cumulative service we are recognizing. Ms. LaMonica reported Russell Peckham would be unique in this. If Russell Peckham was to resign from the Board of Assessment Appeals then he would get a clock. He has been on the board for over 20 years. He is getting the plaque for being the representative to the Fire Department.

Chairman Carlson reported he is struggling with this because of the multiple boards. The policy should reflect cumulative total number of years of service not per board or commission.

The Town Manager recommended the Policy be amended.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:

RESOLVED: That the Town Council table the adoption of the revised Town Council policy #3: Recognition of Officials and Town Employees to the September 8, 2008 meeting.

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

07/08-108 Non-Emergency Interagency Agreement: Set Date for Public Hearing,

Recommended Date September 8, 2008, 7:30 p.m.

The Town Manager reported this was approved at an earlier Town Council meeting but the Town Attorney has now notified us that we need to approve it in the same manner as an ordinance. We need to hold a Public Hearing to do that.

On a motion made by Mr. Shea, seconded by Mrs. Pena, it was voted:

RESOLVED: That the Town Council schedule a Public Hearing for Monday, September 8, 2008 at 7:30 p.m. to approve the Non-Emergency Interagency Agreement.

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

NEW BUSINESS

08/09-04 Approve FY 09/10 Budget Calendar

Mr. Pena questioned the Budget Calendar regarding the date the Board of Education is due to bring the Budget to Town Hall. The date given is a Sunday. The Town Manager reported this date is set by the Charter.

On a motion made by Mr. Shea, seconded by Mrs. Pena, it was voted:

RESOLVED: That the Town Council adopt the Fiscal Year 2009/2010 Budget Calendar as follows:

ACTIVITY

LATEST DATE

PER TOWN CHARTER

RECOMMENDED

DATE

Capital Budget Forms Prepared And sent to Departments		August 11, 2008
Operating Budget Forms Prepared And sent to Departments		September 05, 2008
Completed Capital Budget Forms returned to Town Manager		October 03, 2008
Completed Operating Budget Forms returned to Town Manager	February 15, 2009	November 07, 2008
Town Manager’s Proposed Operating and Capital Budget submitted to Town Council	March 01, 2009	January 15, 2009
Board of Education Budget to Town Council	February 15, 2009	February 13, 2009
Capital Improvement Program Submitted to Planning & Zoning Commission for Sec. 8-24 Review		March 03, 2009
Budget Work by Town Council completed and Budget Submitted to Board of Finance	April 01, 2009	March 16, 2009
Public Hearing on Budget held by Board of Finance not later than three (3) weeks before May 04, 2009 Town Meeting	April 13, 2009	March 30, 2009
Board of Finance Completes Work on Budget		April 13, 2009
Copy of Budget approved by the Board of Finance printed in Newspaper at least five (5) days before the Annual Town Meeting	April 28, 2009	April 24, 2009
Annual Town and Budget Meeting First Monday in May	May 04, 2009	May 04, 2009
First Referendum	May 15, 2009	May 13, 2009
Second Referendum	June 05, 2009	June 03, 2009
Third Referendum	June 26, 2009	June 24, 2009

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

08/09-05 Approve Memorandum of Agreement: Town of Avon and Department of

Emergency Management and Homeland Security

The Town Manager reported this essentially allows us to apply for the emergency management grant that we have been receiving. We receive about $8,900 per year that helps offset the time we spend on it. The amount of work that now goes into the emergency management has gone up significantly since September 11^th. Now it is the upkeep and maintenance of the previously mandated requirements for operations plan and trainings that the federal and state governments are requiring. This grant helps to pay for the time we spend on all of this.

On a motion made by Mrs. Samul, seconded by Mr. Shea, it was voted:

RESOLVED: That the Town Council may enter into with and deliver to the State of Connecticut Department of Emergency Management and Homeland Security any and all documents which it deems to be necessary or appropriate; and

FURTHER RESOLVED, that Philip K. Schenck, Jr., as Town Manager of the Town of Avon, is authorized and directed to execute and deliver any and all documents on behalf of the Town of Avon and to do and perform all acts and things which he deems to be necessary or appropriate to carry out the terms of such documents, including, but not limited to, executing and delivering al agreements and documents contemplated by such documents.

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

08/09-06 Review and Discussion:

a. Request for Proposal: Consulting Services

b. Approve Charge and Appointments: Town of Avon Administrative Services Study Committee

The Town Manager reported at the last Town Council meeting you had requested that we prepare a draft RFP to look at hiring a consultant to look at administrative costs and the possibility if combining administrative functions between the Town and Board of Education. We prepared the draft and prepared a Charge so a committee could be established to oversee the selection of the consultant and to report back to the Council the progress and status of what the consultant is going to do. As you know there is no funding in the budget for it so it will require a supplemental appropriation from the Board of Finance, more than likely out of General Fund Undesignated Fund Balance, to fund this and to get going with this. We sent this out to the Board of Finance and to the Board of Education for comments. We did receive comments from Tom Gugliotti. We did get comments back from the Board of Education requesting that the scope of the RFP be expanded beyond just the issues that could be consolidated, to include efficiencies studies of existing systems that were in place regardless of if that could be combined or not. Some suggestions also mentioned looking a regional consolidation beyond the Town of Avon with our neighboring communities. The scope of what the consultant is suppose to look at, if you add it all to the RFP, is going to be expanded considerably. We have called a list of consultants from a variety of sources. We have compiled a list of consultants. We put ads in the newspaper, as well as, on the website. We will need, at some point, to look at the financial aspect of supporting this. We are going to need a clerk for the committee since minutes need to be prepared. We are going to be involved in a significant overhead issue to accompany the effort.

Chairman Carlson reported on page four of the RFP, #2, it states "the purpose of the process is to determine of any such services can be performed more efficiently and effectively by being merged into one organization or another." He would like to add to the end of the sentence to change the period to a comma and write "alternative service delivery options." Chairman Carlson stated he did not want to lock into either it being at the Board of Education or the Town. If it could be performed by a commercial agency more efficiently then we should do that. It would also change b under the Charge to read "alternative service delivery options."

Ms. Goodman stated it sounds like you are trying to find financial and operational efficiencies whether they happened to be outsourced, merged or combined services, strategic alliances or whatever. She questioned if there is anything in the RFP that addresses some stratification by a consultant that if you are in a position that you can not change the budget and we got into some debates but the mandate is this is the amount of money, some stratification and recommendations to what ought to be cut back and prioritized. Chairman Carlson reported that is not in the RFP. Ms. Goodman further reported it sounds as if the RFP basically focused on an operation and financial efficiencies and you are looking for the consultant to address how those may be achieved, whether it be combined, shared or outsourced. There is a second part to it. In the RFP is how to achieve the maximum efficiency with the status quo. Chairman Carlson reported he disagrees. Status quo assumes the costs stay the same and we are not saying that. Ms. Goodman reported you are asking if there are ways to achieve fundamentally the existing service level in a more efficiently way. Chairman Carlson reported it is to look at the services, to see if they are the right services going forward. Some of them are mandated, and some are decided by policy here. Ms. Goodman questioned relative to the RFP, is there a component you are asking the consultant which says, the operating budget is $70million today, and regardless of costs you are forced to stay at $70million next year. Even though there will be an increase in costs. Are you asking in this proposal for recommendations from a consultant that says if we are restricted from exceeding the current budget amount, not percentages and mill rate but the actual dollar amount, recommendations in terms of stratification and priority in terms of what you are going to eliminate. Mrs. Samul reported we are looking for the cost impact of any changes that may be made. We are asking what the dollar effect of what the recommendations are so that we would then be able to take it to where you are saying. Ms. Goodman asked that it be considered. The Town Manager reported they are limiting the investigation at this point to financial operations, facilities management and human resources activities. We are not included programmatic issues of services like the Recreation and Library.

The Town Manager reported there have been inquiries already because of the newspaper articles. We have had several consultants looking for the draft of the RFP. Mrs. Samul reported she spoke to an Enfield Board of Education member who went though something similar, but did not hire an outside consultant. She found it interesting and the energy audit fascinating. There are vending machines in all the teachers rooms and they were able to put a device on it to go into a sleep mode during the evening and weekends. This is something that we should continue to look at when appropriate. This is not the end but the beginning.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:

RESOLVED: That the Town Council approve the Request for Proposal for the management consulting services and the Charge as amended.

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

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:

RESOLVED: That the Town Council appoint Mark Zacchio, the Town Council's Representative, to the Administrative Services Study Committee to service as Chairman.

RESOLVED: That the Town Council appoint Thomas Gugliotti, the Board of Finance Representative, to the Administrative Services Study Committee

RESOLVED: That the Town Council appoint William Stokesbury, the Board of Education Representative, to the Administrative Services Study Committee

RESOLVED: That the Town Council appoint Philip K. Schenck, Jr, the Town's Representative, to the Administrative Services Study Committee

RESOLVED: That the Town Council appoint Richard Kisiel, the Board of Education Representative, to the Administrative Services Study Committee

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

08/09-07 Review, Discussion and Approval:

a. Appraisal Services Agreement

b. Recommendation for Supplemental Appropriation for Appraisal Services, $7,500.00

The Town Manager reported the Town and Avon Old Farms School are working together to conduct

appraisals as part of the process to relocate Old Farms Road. He further reported a subcommittee of

himself, Town Council member Bill Shea, and the Town Assessor reviewed five proposals and invited

three firms for interviews as follows: Hunter Associates, Calciano & Stern Appraisals Assoc. and J.F.

Mulready Company. Calciano & Stern was the choice of the subcommittee to recommend to the Town Council. Their fee for this proposal is $7,500. The Town Council will need to request from the Board of Finance a supplemental appropriation from surplus.

Mrs. Samul left her chair at the table and abstained from discussion and vote on the recommended firm because of the knowledge of the firms that participated in the process.

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:

RESOLVED: That the Town Council retain the firm Calciano & Stern to perform an appraisal of the Old Farms School property.

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

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:

RESOLVED: That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $7,500 from General Fund, Other Financing sources, Undesignated Fund Balance, Account #01-0390-43913, to General Fund, Town Council, Services & Consultant, Account #01-1101-52184 for the purpose of conducting an appraisal on Avon Old Farms School land parcels.

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

TOWN MANAGER’S REPORT/MISCELLANEOUS

The Assistant Town Manager reported the town is still under budget with the high school project. Invitations to the grand opening will be mailed out tomorrow. We are still having issues with the gym floors. Repainting of the lines on the new gym floor is not going well. They are continuing to work on it. The existing gym floor the asbestos was removed and the floor was taken up and in putting down the new sub-floor and material for that it was delaminating from the two layers. We had it tested and it was the material and not the installation so they are back at that again.

The technology contract has been resolved. We were able to bring the contract in under the budgeted amount so one has been executed and one will be. Everything will be installed close to the beginning of school or mid-September. Mr. Pena questioned where the speed bumps will be installed in the parking lot of the school. The Assistant Town Manager reported there are several and they are removable. The school requested them due to the volume of traffic and the speeds traveled. There are no change orders planned for next month's meeting. The project is going very well. The floors are a problem but the contractor is on top of it and trying everything they can to resolve the issue.

The Assistant Town Manager reported on Buildings 5 & 6. We are looking forward to the planting plan of the Garden Club. They have spent a lot of time on that. Mrs. Samul questioned if she could double check the doors in the ladies room to see if they line up to close. The ladies room near the Assessor's office does not. The Assistant Town Manager reported those are the types of things we will be pushing for Enterprise Builders to fix. They still have some items to come back and fix. Mr. Shea reported it would appropriate to send the Garden Club a letter from the Town Manager on behalf of the Council stating we appreciate all the hard work and efforts.

The Department of Public Works and Senior Center roofs will be continuing later this month. We have signed a contract for the new roof design. We are looking at both conventional and solar roofs. Verville Road is under construction which started the week of August 4^th. The boiler is on track for the Roaring Brook School. The asbestos started the 18^th of August and should take two weeks and the boiler should be in to be installed the week after. We have had discussions about that and it is close to the opening of school. There was a summer camp at the Roaring Brook school and it could not be relocated. We have had several meetings with the various contractors. The boiler company will be in this week to take apart the boiler as much as they can without disturbing any asbestos. The contractor will soon following right after that to remove the asbestos on the 18^th. We do have pricing on them to work weekends if necessary. The testing firm is set up. They believe it should go smoothly and don't foresee any problems but if it does it could impact the start of school and the school is aware of this and have been able to change other items to get in sooner. The issue being, you can not have anyone under 18 yrs old in a facility where asbestos is being handled. The recreation staff was willing to move the camp until we found out they could not go to Thompson Brook School as we hoped. She reported when asbestos is being removed you can not have children near the area. The teachers can be there but not the students. If the testing comes back worse than expected, then certain steps have to be followed to handle it. Chairman Carlson reported the Board of Education needs to be aware and understand the risk of the school opening late. We do not want to pay extra for working on weekends and overtime.

The STEAP grant for the Town Center improvements, we are being bombarded with calls and emails from professional's consultants looking to work with us on this project. We are bidding out snow plowing for Secret Lake and we are also going to bid out and get pricing for Lakeview which we have done inhouse up to now and see what the costs would be. The CRCOG natural gas consortiums with utilities are looking to lock in to the 2008/2009 years pricing. Since we rely on that as a heating source it may be good news in the budget forecast. The RFP for renewable energy certificates for the 20% by 2010 campaign will be going out next week. Mrs. Samul questioned if the Town has been able to save money in not having to water the fields due to the rain this year. The Town Manager reported when the Town retrofitted the irrigation systems they have water sensitive heads so that if it is raining out they do not go on. We have not measured it recently.

The Town Manager reported students attending the CCM conference, over the past several years, the town has paid for students to attend. In light of the recent budget issues if the Council would like to continue this. Chairman Carlson reported he would hate to not continue this practice.

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 9:55 p.m. to discuss land

negotiations and personnel issues.