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Town Council Minutes 11/10/2008
AVON TOWN COUNCIL
MEETING MINUTES
November 10, 2008

I.      CALL TO ORDER

The meeting was called to order at 7:00 p.m. at the Avon Town Hall, in the Selectmen's Chambers by Chairman Carlson.  Members present: Mrs. Samul, Messrs. Pena, Zacchio and Shea.  

II.     PUBLIC HEARING:   

08/09-19        Amendment to Section 9-23 Code of Ordinances (Building Permits)

The Public Hearing was called to order at 7:00 p.m. by Chairman Carlson, and the Clerk read the legal notice as follows:
"TOWN OF AVON
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
Notice if hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Monday, November 10, 2008 at 7:00 p.m. at the Avon Town Hall, Selectmen's Chamber, 60 West Main Street, Avon, CT to consider amending Article II Building Permits Fees Sec. 9-23 (b) as follows:

(b) If work is started without required permit, the applicable fee shall be increased by the lesser $1,000.00 or 100% of the fee that otherwise would be due.  However, if the unpermitted work was completed prior to the date of transfer of the property to the applicant, then the Building Official shall waive the fee increase provided for in this subsection (b).
The applicant shall have the burden of demonstrating the applicability of this subsection (b). The applicant shall provide a statement under oath and such other substantial proof and documentation as the Building Official deems necessary to validate the fee waiver requested.  The Building Official shall grant or deny the fee wavier in writing within thirty (30) days of receipt of a complete application.
Dated at Avon, Connecticut this 14th day of October, 2008.
Philip K. Schenck, Jr.,
Town Manager"

A discussion was held regarding the request to amend Code of Ordinances, Section 9-23.  It was stated that this request would eliminate the doubling of fees where work done without a permit was accomplished prior to the transfer of property title to the current owners.

On a motion made by Mr. Zacchio, seconded by Mr. Pena it was voted:
RESOLVED:   That the Town Council close the Public Hearing.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

On a motion made by Mr. Zacchio, seconded by Mr. Pena it was voted:
RESOLVED:   That the Town Council approve the amendment to section 9-23, Code of Ordinances pertaining to the Building Permit sas follows:
(b) If work is started without required permit, the applicable fee shall be increased by the lesser $1,000.00 or 100% of the fee that otherwise would be due.  However, if the unpermitted work was completed prior to the date of transfer of the property to the applicant, then the Building Official shall waive the fee increase provided for in this subsection (b).
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

III.    MINUTES OF PRECEDING MEETINGS:          October 2, 2008

On a motion made by Mr. Shea, seconded by Mrs. Samul it was voted:
RESOLVED:   That the Town Council accept the October 2, 2008 minutes as submitted,
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

IV.      COMMUNICATION FROM AUDIENCE – Items not on this Agenda

David Goldsholl, 57 Old Kings Road, commented on the 2009/2010 Budget Calendar and the dates of the Budget workshops mentioning that they were much later in the budget process than residents would like to see. At the last workshop members of different boards and committees thought they should be earlier next time.  The thought was that it so late in the process they felt they could not make meaningful changes and wondered if that issue had come up yet and if it was going to be attempted.  Mr. Goldsholl reported speaking with some members of the Board of Finance and they agreed and supported that.  

Ann Horbatuck, 29 Christian Drive, spoke on behalf of the Avon Girls Basketball team requesting the Town Council for signs to be placed at the two entrances into the Town of Avon. One thing they would like to do is to recognize the girls state championship win, which was the first time in Avon girls basketball history. The cost of the sign  would be the burden to the team and we would like to put one on the top of Avon Mountain as you come down the hill, not located where the large Town of Avon sign is. The same thing would be off Route 4 coming down to the high school.  These would be small metal signs.  We recognize that this is not town property but state property, but we would like the support of the town before we go forward with this recommendation.    

The Town Manager reported Planning & Zoning may have requirements they may need to adhere to, as well as the State, if it is on a state right-of-way. We would be more than willing to write letters of support to the state but they are generally strict with their regulations.  Chairman Carlson reported liking the idea.  We will have more State Championship teams and so we can add to it in some manner in the future.  

Dick Stefanski, Pine Grove School Playground Committee, reported we have a project underway to rebuild the Pine Grove school playground which is decaying as we speak.  We are two years into the project; we have put this out to a number of vendors.  This is the plan that the committee has accepted knowing that there is a process through the town in order to help us do this.  We understand the current fiscal situation, given the state of the Middle School roof is a priority. What we are asking for is consideration in the capital budgeting terms that and  we appreciate your support in this effort.  The PTO has already earmarked $75,000 towards this project.  They have hired a professional fundraiser to put a program together to raise more fund over the next year.  Chairman Carlson applauded the PTO and Mr. Stefanski's efforts.  

State Representative Beth Bye reported several Town officials have asked her for information on the Connecticut Clean Energy Fund and wanted to share it with all present. She offered contacts as well as if any support is needed from the State of Connecticut or from other areas, she could help facilitate that.

Adam Lazinsk, 88 Deepwood Drive, reported as we near the winter months and the Council starts budgeting for the next fiscal year, as a citizen of the Town, as well as someone who drives regularly in his official duties as a Police Officer, and who walks his dog on the Town Roads in the west end of town, the Council consider the deteriorating condition of many of the roads especially out west.   The town is not keeping up with the conditions of the roads and I am aware of other financial considerations are of the utmost concern. With the growth out west and the traffic usage out west, with the budgeting of the road repair the Council ought to think about increasing the amount appropriated to road repairs.  

V.     COMMUNICATION FROM COUNCIL

VI.     OLD BUSINESS

07/08-08        Review and Discussion: Avon Free Public Library Renovations/Additions Building   
                      Committee:

Blythe Robinson, Assistant Town Manager, report after the last meeting when the Town's Financial Advisor was present, we asked him to run some additional models so we could see what combination of those could be considered going forward at the same time trying to keep the debt service flat.  He ran several different models, including one with the Library, the Town Clerk's Vault, and the Middle School roof. As well as, all of the projects that has been contemplated in the near future.   One of the positive outcomes, of the BAN sale last month, is that the Town realized premium revenue that we have received, of $285,809.  For the project budget itself there is no change to the services supplies portion of the budget from what we told you several months ago.  Keeping the Library the size as proposed and the cost of the upkeep, the utilities   and cleaning services, was not changed but what has changed was the Library staffing.  The Committee   took another look at the personnel costs and have significantly reduced them. They have taken out some positions initially and changed their minds about converting part-time to full time positions. The Library Director is present and can review this with you.  Another item that we have discussed prior is the fact that the building is 26+ years old and is experiencing some issues, significant is the boiler which had a crack in it which was patched but we are unsure for how long.  We have had a price estimate of $18,000 to replace it.  The building has had some additional issues.  The sidewalks have started to crack and can cause some trip and fall issues.  Chairman Carlson questioned what assumptions have been made regarding the grand list increase? The Finance Director reported historically in any debt service schedules/models and in these in particular, the Financial Advisor leaves the grandlist growth at zero growth since you really can't anticipate.  Mr. Shea questioned if they use zero or use zero off of last year's growth?  The Director of Finance reported they use zero with this year's grandlist.  Mr. Zacchio questioned we had S&P and Moody's reaffirm our Aaa rating for this years bond rating for this past bond anticipation note issue. He reported being concerned with putting enough in Undesignated Fund Balance to satisfy the Aaa bond rating, so what was the percentage they wanted to see us at to affirm that bond rating?  The Director of Finance reported one interesting thing they pointed out was that the Northeast tends to have a lower Undesignated General Fund balance as a percentage of expenditures, historically to other areas in the nation. Primarily it is because we are local governments we are not county government.  What they did tell us was New England Aaa communities should have, at an average, minimum 8.2%, now we are just over 5%.  

Mr. Shea questioned when you say 8.2% are you talking collectively, or just in the Undesignated Fund balance?  The Director of Finance reported just in the Undesignated Fund Balance.  Mr. Shea further questioned how they would view the other pockets of saving the town has.  The Finance Director reported a spreadsheet was created with all of the additional accounts, all 17,  and this had to be shown to them. This shows that we do have a rainy day fund, but they do not like to use that.  Mr. Zacchio reported this does show favorably in addressing unforeseen emergency situations.  The Director of Finance stated some of the special funds we are legally restricted and can not be pulled.  Mr. Shea questioned if the fund could be reduced? The Director of Finance reported you certainly could. The Town Manager reported the Town determines what the balances are, but by reducing them, some of them are legally restricted, they would not be able to be transferred.  What we could do is spend them down through supplemental appropriations and budgets.  Can we manage, and look at these funds in a different way? The Town Manger reported the General Fund is the largest fund we have.  Capital Funds, we can take the residual equity balances and transfer those in.  Most of the other funds are state grants or cafeteria funds or other things that have requirements.  The amount of balance that we keep in those, we use the 10% policy that was adopted, to try and keep those at 10%.  Moody's and S&P were concerned that our General Fund was heading downwards for the past three years.  They are looking for a trend and the management of it.  Mr. Shea stated the Town of Avon is use to getting grants and with the state in the condition that it is in we just might not have that opportunity again.  Chairman Carlson questions if the bonds were fifteen year bonds, our normal trend has been fifteen year bonds and wanted to make sure we were staying with that.  

 The Library Director reported not being notified about the grant from the State Library until November 24th. We are optimistic that the grant will be funded.  It is the whole $1million that we are aiming for, if not, close to it.  It is a good year in terms of the competition, and the other projects going forward.  The schedule is: the deadline for initiating construction with the state bond approval would be 18 months. The state bonding commission meets with the Governor two to three times per year. If the constructions can't start within 18 months, with the Board and Commission approval then the State Library Board would consider a request for extension of one year. There is also an additional one year grant that may be granted and approved if it still hasn't gotten approval or if the funding has not been secured. There is a third extension but local funding must be achieved by then. We have three and a half years from the time of State Bond Commission approval to put a shovel into the ground. If movement forward is shown they are happy to see that. They will take the money back eventually if all of the conditions are not met.  

Mrs. Samul questioned if there has been any rumor that they may do away with this state grant money due to the current state of the economics. The Library Director reported it has more to do with the Bonding Commission. The state building consultant reported she had a feeling that the initial meeting may be pushed out but the Governor sets the agenda.  Mrs. Hornaday reported they have continued to work and get things in order if we go forward in February.   Everything will be timely depending on what the Council decided to do on that. We started our educational information to the community in September so the following information is fairly current.  Diane Carney a  Committee member reported speaking to ENCORE, mostly members from Avon, everyone was very enthusiastic.  The biggest comment, used most often, was that "it is about time," the other comment was that the Library is so small.  People spoke about having to go to other towns for materials since the Avon Library can hold everything.    Janet Stokesbury reported going to each of the five schools PTO meeting, Jr. Women's Club, and Newcomers meetings with the drawings of the new building and speaking about the project.  The Library has something for everyone, it is a community center.   Barbara Zuras reported having all the schematics at Avon Day and the feedback was so positive from all different residents.  People are behind this project.  

Mary Suter, Library Board of Directors, reported on the fundraising.    Certainly the financial situation will have an impact on our ability to raise funds. We will speaking to our consultant regarding this at our next meeting. There are a few things we can do to address our fundraising goal with this situation and that is extend the duration of the campaign.  Initially it was planned to be about a year but now we are looking at 18 months to 2 years. We are looking forward to hearing from the consultant.  Of the 40 people who were interviewed, only one person he/she would like to know more about the project before putting forward a financial commitment to it.  Mrs. Hornaday reported the Committee has been working very diligent on this project.  Chairman Carlson commended the committee on all the hard work put into this project.  Mrs. Samul questioned if a delay in the project would benefit the Board when it came to fundraising.  Mary Suter reported they do not plan on launching any fundraising until after the Referendum, so if it is extended then so will the fundraising.

Chairman Carlson reported the Council needs to decide if we want to go forward with this project to referendum and when and what other projects, Town Clerks vault and Middle School roof, should go as well.  The Town Manager reported the tentative referendum date for the Library is in February.  It would be our recommendation that all the projects go to referendum on the same date.

Mr. Pena questioned the reduction in personnel cost and how the Library Director got to that number. The Library Director reported we reevaluate the needs and are recommending only one full time position, and relying on more part time positions.  The original staffing recommendation is still valid and important but at this point if the Council accepts this revised recommendation, then after we are open for 6 month to a year then we can reassess.  Mr. Pena reported he would hate to build a building and not be able to open it. The Library Director reported anticipating an increase in attendance to the Library with the renovation, so staffing would be adequate but would like to opportunity to revisit it after it opens for awhile. Chairman Carlson questioned if we went ahead with the building as proposed and we can't add to staff later, are there parts of the building that would not open as a result. The Library Director reported the design of the building is very open but it would be very difficulty to open a Library twice the size with the existing staff.  We feel we have bee understaffed for 10 years.   The circulation in the past 10 years has increase 30%, which will grow even more.  Chairman Carlson reported the two go together. We have an obligation to tell the citizens what the potential increase is.  Mr. Pena reported he would like o be able to fund this the way it should be without taking it out of another budget.  

Mr. Zacchio reported there is no argument that we need the expansion to the Library nor there is the commitment on behalf of the Town to do it.  He further reported having trouble with the timing. With the economy we are in is a difficult one and is having a hard time recommending to the town to take on more debt.  Discussion of a wait period is prudent, as long as we are not losing the opportunity of any of the grants.  Mr. Pena agreed this may not being the right time to actually go forward with the Library.  

Mr. Shea reported he has not heard anyone say there is no need for the Library but his concern is the referendum passing. The concern is for the debt service and there are some issues that still need to be addressed, so that we can do all the projects and keep the debt services relatively flat.  The fundraising efforts should start earlier and hopefully will raise some excitement in the community. He is in favor of the referendum going forward in February with the other two projects as three separate questions. The voters deserve the right to pick and chose.  They are all needs and not wants. It’s the Towns job to educate the residents on the need for these.  The concern is the debt service.  Mr. Shea further clarified he is in favor of the February referendum but thinks there may be some opposition to the project. It would be appropriate to go to referendum with them all at one time.  We can not delay the other projects because of state mandates.  If the referendum fails, then it puts the Library Board, Library Committee, Board of Finance and Town Council in a very difficult spot.

 Mrs. Samul questioned the maintenance costs for the new expansion.  The Assistant Town Manager reported the costs were the added costs to what the Town currently pays for the Library as it now exists.  Mrs. Samul reported she is against building a building that we can not fully open.  If we start a project we should finish it. Placing this on the referendum in February with the Revaluation notices just going out and the budgetary issues we had last year, would work to the detriment of the Library.

Chairman Carlson reported concurring with other Council members and commented that it is bad timing with the current state of the economy.  He further reported the Council should get through this years budget process and next year's Bond Sale for the High School and see where we are at that point, we would have a much better feel for the future.  This is a project that he would like to see pass and if it fails then what would be the next step.    

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council table the discussion of the Library Renovation/Additions project and referendum until the July, 2009 meeting.  
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

Mary Suter reported the Board will go forward with fundraising campaigning efforts. We will keep a positive spin on it, that it will get done but in a more financially prudent time. Mrs. Hornaday reported the architect agreed to hold this as open work until we do go to referendum. Just a reminder that our numbers will be old, and spent most of all that was budgeted for this year so we will need to get fresh numbers before that date which would be a cost.

08/09-04        FY 09/10 Budget: CIP Budget Presentations
                a.      7:45 p.m.  Police Department

Chief of Police presented the Capital Improvement Program for the FY 09/10 for the Police Department along with Lt. Welch and Lt. Whitty. The three officers who were in the FTO training a few months ago will be hitting the streets in the next few weeks. We would not be able to be able to have programs like those without the Council's support and we really appreciate it.   The presentation made by Chief Rinaldo is attached and made part of the minutes.

Chairman Carlson questioned if the $300,000 for the communication console would still be necessary if the Town was able to get into a regional approach with Canton and Simsbury, or could it be delayed.  The Police Chief reported that would still need the money to replace our Counsel, there may be some reimbursement but it may not happen so it would still need to be done. The Town of Avon is optimistically pushing forward but with the issues with the other towns, with dark stations, and with the prisoner transportation issues, do not feel the other towns will agree to go forward with this. Chairman Carlson reported there is state funding but there may also be opportunities for us to cross fund some things.  Whatever it takes because if the net cost to us is a savings and the service provided to our citizens is equal to today or better than that is what we should be looking at.  The Police Chief reported the main issue with the other towns would be having someone call the station and not having anyone there to answer the phone. There could be just one person in the station to answer phones but then you have to weigh the costs and what is really being offset.  The Town of Avon has offered to move the station to one of the other towns but it was decided that Avon would be the best for it.  People do not want to lose control. Mr. Shea questioned how many residents walk into the station between 8:00 p.m. and 8:00 a.m. The Police Chief reported very few, maybe two or three on a weekly average. The biggest issue is with housing a prisoner, since you can not have a prisoner left alone in a station so they would have to be transported, which maybe difficult if staffing is limited.  The Assistant Town Manager reported we started to look into this last year and they wanted to continue with discussions since it would be a great regional initiative and would benefit all three towns.  Mr. Pena questioned if the Police Department applied for any federal grants. The Police Chief reported there are no grants that they can currently apply for, that they are aware of, but are constantly looking.

                       b.          8:15 p.m.  General Government       

The Assistant Town Manager reported on the General Government Capital Improvement Program for the FY 09/10.  The Town Assessor was also present to review the Revaluation with the Council. The presentation made by the Assistant Town Manager and Town Assessor is attached and made part of the minutes.
                        
08/09-06        Review, Discussion and Approval: Administrative Services Study Committee:
                a.      Recommendation of Consultant    
                b.      Supplemental Appropriation, $45,000

Mark Zacchio, Chairman Administrative Services Study Committee, reported the have prepared a recommendation to the Council for the Consultant.  The focus for the consultant would be services within the Town and Board of Education that included Human Resources, Finance, and Facilities. The Committee received 12 proposals and the prices ranged from $20,000 to $95,000 for the engagements.  The Committee reviewed all proposals and ranked them based on the most appropriate and qualified. Next we reviewed prices.  After reviewing four of the firms we narrowed it down to two, Berkshire Consulting and Matrix.  Both were highly recommended and qualified. The Committee was most impressed by Matrix's methodology and structure.  The recommendation to the Council would be to hire Matrix Consulting.  There are some considerations tonight as to whether we want to go forward with what we went out to RFP with in full or in part.  It is a $45,000 engagement, none of which is budgeted so we will have to consider funding.  The other option is to hold off and put it in the budget process.  Comments were made that the consultant should have to find enough in efficiencies to cover their costs.
Dr. Kisiel reported they reviewed the reports and went with the consultant that we felt best understood the community. The question is, is this something that we can afford.

Mrs. Samul questioned if any of the references found money saving efficiencies from hiring the consultant.  Mr. Zacchio reported it appeared yes in most cases however, that does not mean it will happen in Avon.  One of the reasons for this was to have an unbiased view of the Town.  Perhaps to see things we do not see.  In one of the findings, they were able to find some real efficiencies but it took some money to do so and achieve some savings down the road.  Mr. Shea reported they will show us options and as a community we will have to choose.  Dr. Kisiel reported they identified choices and options and we will have to go forward. They are not all short term choices. Chairman Carlson reported liking to see a way to go forward with this in a unbudgeted way, go through the year and see what happens. Then we will have to go back at the end of the year at that point for a supplemental appropriation.  The other option would be to spread it out over two years. Mr. Shea reported it is worth the exercise to see if any efficiencies are found.  Mr. Zacchio reported we could chose to one of two of the services focused on and not all of them for a reduced amount.  Matrix felt that they could do the study in 12 weeks.  Mr. Shea reported doing the study in pieces would cause more confusion.  It would be prudent to move forward as soon as possible with the recommendation made by the Committee. The Town Manager reported there is not an account set up, and we need to prorate it to find out how much the BOE will be paying. We are only four months into the budgeting year. We can start the process we usually got through when a deficit is expected since this will be a deficit. It is not budgeted for.  A fresh look at something is always good for the Town. The issue is the money out of the current budget. He would rather have it come out of surplus. Chairman Carlson reported any monies saved can go back into surplus.  

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council accepts the recommendation of the Administrative Services Study Committee to retain Matrix Consulting to perform Management Consulting services for the Town of Avon in the contracted amount of $45,000 from surplus
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $45,000 from General Fund, Other Financing Sources, Undesignated Fund Balance, Account #01-0390-43913, to General Fund, Town Council, Service  & Consultant, Account #01-1101-52184 for the purpose of hiring a Management Consulting Firm.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

VII.      NEW BUSINESS

08/09-24        Review and Discussion: Board of Education Administrator's Contract:     Avon Board
                  of Education  
Mr. Zacchio abstained from the conversation. Doug Evans presented on the proposed Administrator's Contract for a three year period July 1, 2009 through June 30, 2012 with the Avon Administrative and Supervisory Association.  It covers the thirteen members; five principals, six assistant principals, and five are school year employees meaning they only work the school year and not the summers, it also includes the Director of Student Activities and Director of Pupil Services. The contract negotiations proceeded for three days in September, 2008 the final terms were not reached until mediation was held on October 3, 2008.  The contract was filed with the Town Clerk on November 5th. It is the understanding that if the Council takes no action on the contract then it will become effective within 30 days.   

Doug Evans further reported the contract is for total compensation for all of the administrators in the amount of $1,468,005 which equals 3.41% of the total BOE budget and 2% of the Town's total budget. Traditionally the comparison is based on the Avon High School principal salary which was ranked 11th out of the total 27 school districts.  A 3.3% general wage increase is proposed for the three years of the contract.  There is a 3.5% increase in the steps for the general wage increase. The cost for healthcare has gone up for the employee contributions from 15% to 17% and will start contributing to the dental insurance 6%. Based on state wealth rankings there could be the argument that they should be higher. The net additional costs of the contract is $49,726 or 3.45% in 2009-2010, $45,865 or 3.07$ in 2010-2011 and $47,561 or 3.07% in 2011-2012.  

Mrs. Samul commented she does not see any reward in taking this to arbitration.  The contract is influence in what other towns have negotiated, and feels there is a level of uncertainty and should look at this contract and look at today's financial times. The BOE has the responsibility to look at next year's budget and act accordingly.  Mr. Shea reported this does have an impact on BOE budget for next year and would not be in favor of going to arbitration.  Mr. Pena stated there is uncertainty in the financial times right now.  It is important to think how this contract will affect us come May with the budget.  As much as an increase is difficult to take at these times, at the same time, he will be reluctantly in favor of the contract.  

Chairman Carlson applauded the efforts and hard work on behalf of Mr. Evans. The increase in healthcare and dental costs is great to see.  Millions are not getting an increase so it is hard to see the increase, but it hard to do the opposite since neighboring town's increases are even higher. It would be hard to rationalize arbitration when it will cost so much and the savings may not even be there, so the support will be there.  Mr. Evans reported everything the BOE does has the budget in mind and what the impact will be on the budget.   The arbitration could make us increase the proposed contract which would be a higher burden on the BOE budget.

 Florence Stahl commented it is good for everyone to understand these contracts, since they have such an impact on the budget. This year's contract calls for a higher general wage increase of 3.3% in each of the three years than the last contract which offered a 2.0% in the first year, and a 3.2% in the next two years.  The increases are more than the general wage increase granted our teachers as a result of arbitration.  Arbitration may be cost affective since it will be setting a new floor.  Why would be want to do this when Avon is struggling. Chairman Carlson stated he feel there is no alternative.  Going to arbitration may cost us more in the long run and feels there is no alternative.  If it was a much higher increase where other towns were less, then it would be an option but then they are coming in at a percentage less than other communities, than it does not make sense.   The question comes next spring when the BOE has to find the $49,726 from the budget and where do they take it from to offset this number.  

Ms. Stahl report she heard the same rational with the teachers contract, and when they went to arbitration we heard the teachers were the highest paid in the area. The general wage increase that is higher this year than any other year, that is not being prudent.  Mr. Shea questioned if she was in favor of the concessions in the healthcare and asked her what she would do.  Ms. Stahl reported it is commendable but not enough. It would be prudent to ask the Administrators to take the same thing as the prior year.   Mr. Evans reported this was done and rejected. The BOE will continue to look for cost savings across the year. There is also some sort of increase in the contracts.  Mr. Shea reported the council is echoing the concerns for the budget for the next fiscal year.    

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:   The Town Council approve the agreement between the Avon Board of Education and the Avon Administrative and Supervisory Association for three years ending June 20, 2012 as presented (A copy of the agreement is attached and made part of these minutes.)
Mrs. Samul, Messrs Carlson, Pena, and Shea voted in favor. Mr. Zacchio abstained.

08/09-25        Approve 2009 Meeting Schedule   
                                                 
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council approve the 2009 meeting schedule as follows:
            Thursday, January 8, 2009         7:30 p.m. –  Town Hall
        Thursday, February 5, 2009            7:30 p.m. –  Town Hall
        Thursday, March 5, 2009       7:30 p.m. –  Town Hall
        Monday, March 30, 2008        7:30 p.m. -   AVON SENIOR CENTER
                                                                    ANNUAL BUDGET HEARING
        Thursday, April 2, 2009       7:30 p.m. –  Town Hall
        MONDAY, May 4, 2009           7:30 p.m. – AVON SENIOR CENTER    
                                                     ANNUAL BUDGET MEETING
        Thursday, May 7, 2009         7:30 p.m. –  Town Hall
        Thursday,  June 4, 2009       7:30 p.m. –  Town Hall
           Thursday, July 2, 2009            7:30 p.m. –  Town Hall
        Thursday, August 6, 2009              7:30 p.m. –  Town Hall
        Thursday, September 3, 2009           7:30 p.m. –  Town Hall
        Thursday, October 1, 2009             7:30 p.m. –  Town Hall
       Thursday, November 5, 2009            7:30 p.m. –  Town Hall
          Thursday, December 3, 2009         7:30 p.m. –  Town Hall
        Thursday, January 7, 2010             7:30 p.m. –  Town Hall
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

08/09-26        Authorization to Apply and Accept: Avon Park South - Rails to Trails Connector
                    Grant, $43,200

The Director of Planning and Community Development reported this is a grant from the State that would build an extension to the Rails to Trails system through the Avon Park South that we would like to accept, which was an area that was part of the initial design but we had some opposition from some business.  It is now a very positive attribute to the area and we are getting a lot of support from the business owners.  The grant amount is $43,200.  This would help buy materials to build the trail under Route 44 and along Darling Drive and continue down Security and cross over Arch Road and up to the Public Works garage where it would attach back to the trail.  We would like to ask that you approve the resolution.

On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED:   Be it resolved that it is in the best interests of the Town of Avon to enter into contracts with the Department of Environmental Protection.
In furtherance of this resolution, Philip K. Schenck, Jr. the Town Manager is duly authorized to enter into and sign said contract on behalf of the Town of Avon.  The Town Manager is further authorized to provide such additional information and execute such other documents as may be required by the state or federal government in connection with said contracts and to execute an amendments, recisions and revisions thereto.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

08/09-27        Review, Discussion and Approval: Avon Police Department and Volunteer Fire
                    Department Memorandum of Understanding

The Town Manager reported this Memorandum of Understanding (MOU) would essentially memorialize the existing relationship between the Fire Department and the Police Department in response to medical emergencies.  We have found out through a lengthy investigatory process that the Volunteer Fire Fighters unless they are named supplemental first responders are not covered by any insurance.  In order to get them covered by insurance we decided to go ahead and allow then to become supplemental first responders.  It has been reviewed and approved by both the Police and Fire Departments and Town Attorney.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:   The Town Council approve the Memorandum of Understanding between the Avon Police Department and The Avon Volunteer Fire Department that reads the following:
WHEREAS, the Avon Police Department is currently designated as the Town’s First Responder by the
State of Connecticut Department of Pubic Health’s Office of Emergency Medical Services
(“OEMS”); and
WHEREAS, the AVFD works with the Town and the Avon Police Department to provide emergency
services to the Town, its citizens and persons traveling through/visiting the Town; and;
WHEREAS, in order to enhance its ability to provide emergency services, the AVFD wishes to apply to
OEMS to be the Town’s Supplemental First Responder; and
WHEREAS, the Town wishes to support the AVFD’s Supplemental First Responder application and,
subject to the AVFD becoming OEMS certified as the Town’s Supplemental First Responder, to set forth the agreed upon responsibilities and obligations of the AVFD as such Supplemental First Responder.  
NOW THEREFORE, in consideration of the foregoing recitals and the covenants and agreements contained below, the Town and the AVFD agree as follows:
1.      Area of Services: The parties agree that as soon as AVFD is OEMS licensed/certified as the Town’s Supplemental First Responder, the AVFD shall provide Supplemental First Responder services within the Town of Avon.  The geographic boundaries of the Town are as follows: the northwest boundary is the Town of Canton at the intersection of Huckleberry Hill Road and New Road; the northeast boundary is the Town of Simsbury and the City of West Hartford at Route 44 through Montevideo Road; the southwest boundary is the Town of Farmington at Lovely Street; and the southeast boundary is the Town of Farmington at Deercliff Road.  A map of the town is attached hereto as Exhibit A and made a part hereof as though fully set forth.  
2.      Provision of Emergency Medical Services: The AVFD agrees that its OEMS certified and/or licensed members will provide the following emergency medical services in accordance with state laws and regulations:
A.      Limited Response Calls.  Limited response calls include four classifications of motor vehicle accidents:  extrication required; rollovers; accidents reported with serious injuries or multiple victims; and accidents involving cars and buildings or other objects.  During these calls the AVFD, as a Supplemental First Responder, may perform emergency medical care as needed and/or directed.  
B.      Other Calls.  When the AVFD is dispatched to fires, emergencies, or other non-fire incidents and there is medical care needed at the scene, the Avon Police Department, AMR ambulance and UCONN paramedics will, when present, handle medical care as required by individual contract.  During these calls the AVFD, as a Supplemental First Responder, may perform emergency medical care as needed and/or directed.  
C.      Authority of AVFD During Emergencies.  In accordance with Conn. Gen. Stat. § 7-313e, during an emergency call, mass casualty, fire, motor vehicle accident, or “hazardous materials” call, the AVFD assumes command of the scene, including medical emergencies, until such time as the scene is deemed safe and turned over to the Avon Police Department.
        3.      Limitation on Services:  When providing emergency medical services as Supplemental First Responders under this MOU, OEMS certified and/or licensed members of the AVFD shall provide those services only to the extent of their OEMS certification or licensing, irrespective of their non-AVFD employment and licensing, such as a paramedic, physician, etc.   
4.      Provision of Medical “Standbys”: If the AVFD is requested to provide medical “standby” services - including but not limited to services at parades, road races, town and/or charity events - the AVFD Chief Medical Officer or his/her designee will contact the First Responder for the purpose of notification and coordination of personnel planning for each such requested event.
5.      Training:  The AVFD will, through its Medical Control Officer, provide all required training and compliance oversight for its OEMS licensed/certified members.
6.      Documentation:  The AVFD will maintain appropriate documentation of all emergency medical care provided by its OEMS licensed and/or certified members and of EMS training and certification/licensure of the members, in accordance with established procedures and state laws and regulations.
7.      Compliance with Laws: The AVFD shall comply with all laws and regulations applicable to this MOU, its members’ OEMS training and certification and/or licensure, and the emergency medical services performed by its OEMS licensed and/or certified members under this MOU.
8.      Notices: The AVFD will promptly notify the Town of (a) any claim or notice of threatened claim related to the provision of emergency medical services by the AVFD and/or any of its members as described in this MOU and (b) any communication from OEMS related to the training or licensure/certification (other than renewal notices) of the AVFD or any of the AVFD’s members.   
9.      Employment Relationship not Created: Nothing contained in this MOU shall create, or be construed or deemed as creating, the relationships of principal and agent, partnership, joint venture, employer and employee, and/or any relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the terms and conditions of this MOU.  
10.     Amendments: Any modifications or amendments to this MOU will be made in writing and signed by both the Town and the AVFD.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

08/09-28        Farmington Valley Trails Grant: Set Date for Public Hearing, Recommended Date,
                     December 4, 2008, 7:00 p.m.

The Assistant Town Manager reported this being one of the CRCOG grants won from the State of Connecticut. This is $216,000 grant to buy equipment to maintain to maintain the Farmington Valley Trail through the eight towns in the CRCOG regional. .  Through a number of meetings, it was determined that Avon being the most centrally located and with the storage facilities, would be the best town to be the owner of the equipment.  We have come to an agreement with the several other towns that it should be done. The equipment will be purchases through a process we will run but CRCOG will pay for.  They will also pay to register and title it the first year.  In order to make this all happen there is a Memorandum of Understanding that needs to be approved.  It has been reviewed and approved by all the towns involved along with the attorneys, and CIRMA from all the towns.  This needs to follow the same process as an Ordinance and be put on for a Public Hearing which is recommended for the December 4th Town Council meeting.

On a motion made by Mr. Shea, seconded by Mr. Pena it was voted:
RESOLVED:   That the Town Council schedule a Public Hearing for December 4th for the Farmington Valley Trails Grant.

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

08/09-29        Review, Discussion and Approval: Referendum Schedule for Capital Projects, Town
                Clerks Vault and Avon Middle School Roof

The Assistant Town Manager reported at a minimum the entire 66,500 s.f. roof at the Middle School should be replaced with a new white PVC material, and it is strongly recommended that the 13 replacement rooftop HVAC units be installed simultaneously.  The total roof, which includes a portion that is 40 years old and one that is 16 years old, has been leaking in recent years.  $35,820 spent in emergency repairs this past summer has stopped the leaking for now, but the architects are concerned that more are to follow if it is not replaced.  The rooftop HVAC units, the originals of which are also 40 years old, and the balance from the early 1990’s are all beyond their useful life.  It is most advantageous and cost effective to replace these units when the roof is done, because they all must be removed at the time in order to replace the roof.  If not done at the same time we will incur further expense to take them down a second time, and due to the number of roof penetrations that must be made when they are replaced opportunities may arise for future leaks.  

She further reported the engineers also recommend that the controls for the rooftop HVAC units also be upgraded when the units are replaced.  The controls give the building managers the ability to control temperatures in each room and thus increase energy efficiency.  The engineer estimates that energy usage can be decreased by as much as 20%.  However, if funding is limited this item could be deferred to a later time.  Finally, the privacy screens, that were taken down to repair the leaks this past summer must be replaced or a waiver sought from Planning & Zoning. Replacement of the roof is eligible for reimbursement by the Bureau of School Facilities (BSF) at 27.14% and 23.06% depending on the age of the roof, the lesser amount being for the newer section.  The HVAC units, privacy screen and additional wiring are not, however the HVAC units are eligible for rebates for installing energy efficient units from CL&P and would be applied for.  Until design is complete the value of these rebates can not be determined.

The Assistant Town Manager reported both technology options for solar installations have been studied, which are a building-integrated photovoltaic panel (BIPV) incorporated into the roof membrane and crystalline hard panels.  Unfortunately, given the payback for BIPV and the structural issues for this roof with crystalline hard panels neither option are recommended.  The crystalline panels will generate the most electricity (approximately 130,000 watts/year) but the weight of this system coupled with the large number of roof penetrations and higher cost has caused the architect not to recommend it.   The BIPV model is estimated to generate 87,000 watts of electricity that would be used to offset the amount needed to run the school (about 1/10th) and is valued at $12,075 a year.  However, the additional outlay of $464,483 to add BIPV would take approximately 38 years to payback if electricity generated stays constant.  As the new roof will have an expected life of 20 years the cost to install this system will extend beyond the roof’s useful life.  The cities and towns that have chosen to install this technology are generally ones that have a much higher BSF (State) reimbursement than Avon thus making it much more cost effective for their residents.  

 Richard Kirby, a Kaestle Boos Representative discussed the installation process and warranty for the roof. Chairman Carlson questioned if the warranty work covered just the roofing materials.  Mr. Kirby reported it usually covers just the roofing materials not the actual work.  The life of the roof, even on the warranty basis, can be extended if you agree to an yearly maintenance contract with the manufacture.   It is a yearly budgeted item.  They come and do an inspection of the roof on a yearly basis and make any repairs necessary. Mr. Shea questioned what a contract like runs, percentage wise. The contractor reported usually $.50 per square feet, so about $32,000 per year.

Mr. Pena reported it is nice to know we are looking into going green as well.  Do we have people who are knowledgeable enough in solar roofs. Mr. Kirby reported they have installed several of them and the payout is very good on them.  There is maintenance associated with solar roofs but you are looking about a 10% repair cost, not the whole roof.  The Assistant Town Manager reported the Clean Energy Fund has been a very popular source of funds for a number of projects and are concerned they are going to run out of money so if we feel we are going to be putting in a request it would have to be soon since they are becoming over committed. She reported the present roof blisters very easily, if work had to be done, then it would be easy to spring a leak.  It is a real guess if the roof can last to 2010 or not.  We wanted to look at it now, so we could consider solar or not.  Mr. Pena reported this roof will be one there for 20, 30 or 40 years, and should make sure we are making the right decision.  Many people in town may think we should do some more research and make the right decision before just putting one up this summer.  A question to the architect was if we could put up a conventional roof but allow for interfacial solar structure later down the road if it becomes more economical. There can be installation of conduit and junction boxes once the old roof is torn off so that we could go solar in the future if needed.  Mr. Pena reported many towns across the nation are looking into solar to save in the long run and would hope Avon would go the same route.  The Assistant Town Manager reported going back and forth on the type of conventional roof and solar or not, and the recreation is the PVC which would be white in color and would mostly likely last more than 20 years.  The second item is since the roof is round it does not work well with the solar panels and may actually generate less electricity than a flat roof would in another location.  Mr. Kirby reported working with a company that has hundreds of solar panels installed over the nation and they helped us come to this conclusion with the knowledge that they have.  Mr. Pena questioned if they had discussed the solar panels with Brett Eisenlohr from the Board of Finance.  The Assistant Town Manager reported they had discussed this. Mr. Kirby reported they are not against the solar panels, they promote solar but the deciding factor in the solar installation is the 50, 60 or 70% rebates from the state, it would change the number quickly.

Michael Sherber reported hearing several different things, that the roof can not support solar. Mr. Kirby reported it would not have a problem with the integrated system.  Mr. Sherber questioned the type of payback which Mr. Kirby reported it being 38 years.  Mr. Zacchio reported there is a need to replace the roof quickly, any other installation beyond a conventional roof will hold up the process.  The support is there for the photovoltaic system but we have square footage issues from a surface perspective, its not in our favor from exposure perspective, its not in our favor from a size perspective since it is round, we have installation units on the roof that can't support what is being proposed.  It would be supported if it made sense but it doesn’t.   A conventional roof would make sense.

 Mr. Eisenlohr reported doing research on several roofs and feels this should be done. All the important items that should be taken into account regarding payback are missing from this.  The amount of clean energy being produced by this is a commodity.  We would generate $6,000 from the first year alone.  With the 87KW system we would only save $12,075 then that is what we are going to save each year, but it would actually be more since the cost of electricity will continue to go up.  Electricity has been going up from year to year.  When you factor in all of these other items the payback will be much less than 38years.  Mr. Kirby commented the town is not eligible for the energy credits. The Crystalline system is not applicable since the roof does not support such a structure.  We have an engineered layout of the photovoltaic system which is the integrated mat and most of these mats come in 40 to 50 ft sections.  We use a return rate of 12 cents for the cost of electricity and we gave an example of the increase in electricity and the payback will still be 20 years.  We tried to be as honest and straightforward as possible.

Mrs. Samul reported at this time nothing other than a conventional roof is the way to go but would like to keep in mind windmills, which could help with energy at a later date.   Mr. Pena reported understanding the roof is needed but to not further investigate this would be a disservice. Mrs. Samul reported doing green energy at the Library back in 1980 and it fell into disuse.

The Assistant Town Manager reported there are 13 HVAC units on the roof as well.  Some of them are original to the roof and some are from the 90's. They are all functioning right now but some are in various stages of useful life in them. They have to be taken off the roof anyways to have the roof replaced.  It is recommended to have them replaced now since it is cost effective to have them done at the same time so they do not have to be taken down again.  They will help make the building as energy efficient as possible.  It can be put off to a capital project for following years.  We would look for rebates on any new units we just don’t know until we have an exact design. The useful life at this point is 30 years.  There is technology out there today which will make the units much more efficient.  There are seven rooftop units installed in 90's, but they are all approaching the end of there life.  While you are taking them off the roof it is time to replace them. They could be reinstalled but the most economical way to do this would be in one project

The Assistant Town Manager reported the status of the Town Clerk's vault is about ninety-nine percent done with the design. We had a very positive meeting with the State Records Administrator last month.  We will not need to put in a second vault door and we can pour a 8 inch concrete wall instead of a 12 inch, which was originally planned.  The project is the same size as was proposed last year which is to build a 800 s.f. addition onto the back of Building Two, going out about 25 feet towards the Police Station. The roof and floor will be concrete, with a brick veneer similar to what is there now.  There would also be minor modifications to the current area, some HVAC upgrades, the current vault currently does not have HVAC to control the temperature and humidity, and would plan to resurface the roofs at Building 1 and 2.  The Town was cited back in 2004 for not having the size vault required.  The State is aware the possibility of a referendum vote failing.  They would just like to see progress made.  Depending on the decision tonight, we can have the budgeting revised, which hopefully will  be less because of the changes that needed to be made.  It would be ready for possible February 26th referendum date.

Mr. Pena questioned if a drop dead date was given for the project to be completed. The Assistant Town Manager reported they are happy to see progress and we just need to keep moving forward.  

Chairman Carlson reported he wanted two line items on the referendum on February 26th. Mr. Pena made a motion to go the a referendum for the Town Clerk's vault expansion project.

The Assistant Town Manger reported the mailer for the referendum will show two different tax impact statements will be created so that the residents can view the different impacts on each projects.  

Mr. Shea commented they should go forward with the Middle School roof before agreeing to the Town Clerk's vault.  We would not hold a referendum just for the vault.  Both should go to referendum at the same time, if both are going to referendum. Mr. Pena withdrew his motion.

Chairman Carlson commented they could go to referendum for a conventional roof or for a photovoltaic roof or we could not do anything, risk it and explore more options.  The Assistant Town Manager reported if waiting was the option chosen then the recommendation would be to make sure this is included in the next capital budget so that the project could be completed over the summer months.  Mr. Pena reported feeling like it would be worth it to investigate so more green options and consulting with energy experts so we can better understand the process and what would be best for the Town of Avon.  Mr. Zacchio stated it sounds like from the professionals that spoke tonight that it was not something that made sense for us on this project. It is prudent that we replace the roof soon,  along with the HVAC all at the same time.  Mrs. Samul concurred with Mr. Zacchio, with that this is not something that we have time on.  Mr. Shea reported the Council is on board with the "greening" for the Town of Avon but agrees that there is no time and agrees with the recommendation of the professionals that spoke this evening. Delaying the project would not be good for the school.  

On a motion made by Mr. Shea, seconded by Mr. Zacchio it was voted:
RESOLVED:   That the Town Council approve going to referendum on February 26, 2008 for the replacement of the Middle School roof with a conventional roof, replacement of the HVAC units, controls for the HVAC units and privacy screens in the amount of $2,845,000, and the Town Clerk's vault at a cost approximately $830,000. the two projects will be presented as two separate questions.
Mrs. Samul, Messrs Carlson, Zacchio and Shea voted in favor. Mr. Pena voted nay.

08/09-30        Recommendation of Appointment: Collector of Revenue     

The Town Manager reported Deborah Fioretti is the individual being recommended for the position of Collector of Revenue, and would like to have it approved.
On a motion made by Mr. Shea, seconded by Mr. Zacchio it was voted:
RESOLVED:   That the Town Council approve the appointment of Deborah Fioretti who is currently the Assistant Collector of Revenue, on the recommendation from the Town Manager to be promoted to the Collector of Revenue.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.
                           
08/09-31        Bid Award: Department of Public Works, Overhead Door Replacement,               
                Crawford Door Sales Company, $64,514

The Assistant Town Manager reported along with the roof project at the Department of Public Works we also included the overhead doors which are original to the building which is about 30 years old.  They are in poor condition and are an energy nightmare.  A bid was put out for automatic doors and some alternatives.  The goal is to complete the entire area of the building to make it more energy efficient, which would be the original 13 doors and the three we would like to add to the project for a total of 16 doors.   We would like you to approve the contract to Crawford Doors in the amount of $64,514. The prices are different for each door since some already have automatic openers, and some do not, sizes, etc.

On a motion made by Mr. Zacchio, seconded by Mr. Pena it was voted:
RESOLVED:   That the Town Council approve the bid award for the Overhead Door Replacement for the Department of Public Works to Crawford Door Sales Company bases on their low bid in the amount of $64,514.  
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.


08/09-32        Review and Discussion: Volunteerism /Gifts/Gifts Catalog                

Mrs. Samul stated at the last Town Council meeting a discussion was had regarding donations from businesses and citizens. Through the Parks and Recreation department they had a good set up for donations in a variety of monetary levels, which mostly included purchases if items the town is in need of. A suggestion was to expand on this brochure from Recreation and Parks and perhaps include Natural Resources, and maybe include more donations of services and not just monetary donations. The sprinkler system at Buckingham was installed by Anderson at their cost.  This can be expanded perhaps to include town trails and walkways adjacent to residents home.  Signs can be posted with names and/or organizations.  The brochure is going to be redone and possibly it can be posted to website.  Mr. Shea commented that looking for new options is a good thing.
                                                        
08/09-33        Supplemental Appropriation: Youth Services Bureau Grant, $20,250        

The Assistant Town Manager reported the grant is $20,250 from two state sources that comes every year now that the Town has a Youth Services Bureau and needs to be appropriated to the appropriate line item.  

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 08/09 Budget by increasing:
                                              REVENUES
General Fund, Intergovernmental, Youth Services Bureau Grant, Account #01-0330-43383 in the amount of $ 20,250.00
and increasing
                                        APPROPRIATIONS
General Fund, Human Services, Service & Consultant, Account #01-4203-52184 in the amount of
$20,250.00 for the purpose of funding expenditures, which will be reimbursed through approved State of Connecticut Department of Education Youth Services Bureau Grants.
Mrs. Samul, Messrs Carlson, Pena, Zacchio and Shea voted in favor.

08/09-34        Review and Discussion: Possible Acceptance of Walkway (20'wide, .13 acres) Foxcroft
                Run to Glendale Road

Mrs. Samul reclused herself from the conversation since she is an abutter to the walkway discussed.
The Director of Planning and Community Development reported this is a 20 ft strip of land that was the remainder of a subdivision when the street was created.  At that time the developer proposed to the Planning & Zoning Commission that an easement be granted to the town.  The Planning & Zoning and Town Council reviewed and it was denied acceptance.  The walkway is used frequently.  The developer spoke about creating a homeowners association but that never happened.  This matter has been reviewed by the Planning & Zoning Commission and they endorsed the idea of contacting the current owner which is still the original developer of 1983, and see if he would be willing to gift that to the town. There is no value to the walkway.  If the Council concurs with the Planning & Zoning Commissions conclusions to pursue the original developer than it can be formally accepted by the Council.  The only cost would be a small amount of maintenance to the area that would have to be done.  The neighbors all seem to support the idea of the walkway.

On a motion made by Mr. Shea, seconded by Mr. Pena it was voted:
RESOLVED:   That the Town Council approve the possible acceptance of the 20 ft, .13 acre walkway from  Foxcroft Run to Glendale Road and to permit the Planning & Zoning Department to go forward and contact the owner about gifting the area to the Town of Avon
Messrs Carlson, Pena, Zacchio and Shea voted in favor. Mrs. Samul abstained.

VIII.      TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A:        Construction Update

The Assistant Town Manager reported the Roaring Brook school boiler is almost complete and is being tested this week. It did require us to bring in  a temporary boiler and this did require us to purchase some oil but will be dealing with the contractor on this.  The Senior Center roof is complete. Beebee Landscaping is doing the town center, so that project is moving along as well.  

Misc. C:     Regional Service Sharing Grant Update

The Assistant Town Manager reported the trail grant will be the first one done. Progress is also moving along with the Health Departments and IT Sharing.
        
Misc. D:      Energy Interests   

The Town Manager reported the Town has gotten a lot of interest regarding energy and energy issues within the community and it is starting to consume more and more staff time in terms of requests and concerns and background.  Farmington Woods Association now has an Energy Committee going and would like us to attend all the meetings, others in town are interested in what we are doing. Other towns have formed committees to handle the requests.  Chairman Carlson questioned if these committees were staff or residents.  The Town Manager reported they are both and we have not typically formed a committee without staff and clerical support and we may need to think about how much we are looking to commit since most requests cost money. Chairman Carlson reported a citizens committee with some staff support would be a great way to go. The Town Manager reported Natural Resources deals with more natural but perhaps could do this. Mr. Shea reported since this is going to need to be funded can we do it on an ad hoc basis till the end of the year.  Mr. Zuras reported Andrew Ray an Avon High School student who interned at Town Hall, has taken it upon himself to educate the students at the high school on the CT Clean Energy Fund, with the hope the students will go home to each the parents on the clean energy.
                
Misc. E.      Health Insurance

Ben Coleman, 37 Tamara Circle, stated the Board of Education has approved a proposal to make a change in health insurance from Anthem BC/BS to CIGNA and has come to the Town Council this evening for final approval, which is not the case, but none the less.  A concern is about the process that led to this proposal as well the recommendation of change from Anthem to CIGNA.  From having worked at both Anthem and CIGNA, a former Anthem co-worker was called to inquiry about the recent RFP process, Anthem was most appreciative about the opportunity to participate in the RPF process and was excited about renewing the account this past July.  They were surprised to hear that CIGNA  has adjusted their offering to improve their competitive positioning. He would expect the incumbent to have the right to review counter proposal made by competition and respond appropriately.  Regarding the decision to change, Mr. Coleman has worked as a Senior Executive in the Healthcare Industry for several years and is very familiar with how it all works.   Any consideration to changing a carrier needs to consider the total cost, benefit attributes, provider networks access and service administration.  Changing a well established health plan is risky and disruptive.  It should be well thought out and thoroughly vetted. As part of the process, he would expect a review of the total value provided by each carrier then the town could compare both before make the decision to change.  At least the entire process should be transparent, which is not the case due to the lack of Anthems knowledge of CIGNA's bid and lack of the opportunity to counter bid. The Town Council need to maintain the confidence of our residents in local government. Transparency and fairness in the process by which we select an insurance carrier to receive a $2.1million contract is essential to that credibility. The change is not scheduled to take place before April 1, 2009 so there is time to listen. Why rush this. There is nothing more important than health.  

The Town Manager reported the health insurance issue that is on the agenda this evening in which we anticipate a more thorough and detailed overview at the Town Council's November 24th meeting relates only to the Town employees.  The Board of Education (BOE)  has the right to contract for whatever health insurance they want for their employees.  The Town Council does not have the authority to abregate a decision already made by the BOE.  The Council will only be dealing with the 90 town employees and not the BOE employees.

The Town Manager reported the BOE has voted to change health insurance carriers effective April 1, 2009 at their October 21, 2008 meeting.  This process started last year.  The Director of Human Resources and Mr. Franzi have been working this issue along with AON the town's consultant.  We are in the same group as the BOE but with a smaller amount of people. We do not have a copy of the contract as of yet and we have not seen the pricing, but a presentation will be put on at the next Town Council meeting. There is quite a process to go through to change carriers.  Mrs. Samul and Chairman Carlson reported they will recluse themselves from the conversation due to conflict of interest.  Mr. Zacchio questioned if the Town has any legal obligations, could we go separate from the BOE.  The Town Manager reported the cost would go up significantly.  Other options are being developed on a state level; one being MEHIP. We have submitted paperwork through that. It’s a large pool of people but unless we combine with another group we will not have close to the same rates.  

Gary Petrolito, President of the Local 1303 AFSCME Union, submitted testimony on behalf of the employees of the Public Works Department. He stated we are urging the Town Council to reject this proposal to switch to CIGNA from Anthem without any further deliberation and investigation.  Members do not understand why this would be going on and are concerned about losing doctors.  We are proud employees of the town and feel communication is not there, and we are asking the Council to table this item until more information can be discussed.

A member of the Avon Education Association reported CIGNA had the benefit, whose Vice President of Sales is an Avon resident, exercised his right to attend the BOE meetings where the insurance switch was discussed this spring and summer. He was then armed with all of the concerns and questions that were discussed, to go back to CIGNA to revise their offer, which they then came forth with such a wonderful proposal to keep costs lower.  This offer was made much more appealing.  The question is did Anthem have a second chance.  The concern is the town many not be making a decision that may not as cost effective as they think it may be.   The wisest decision may not be being made.  CIGNA has had some great reviews but Anthem ranks much higher.  

IX.     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 11:40 p.m. to discuss a personnel
issue.
Mrs. Samul, Messrs Carlson, Pena, and Shea voted in favor.

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 12:00 midnight.
Mrs. Samul, Messrs Carlson, Pena, and Shea voted in favor.

X.     ADJOURN

The meeting was adjourned at 12:00 midnight.

Attest:  



Caroline B. LaMonica
Clerk