AVON TOWN COUNCIL
MEETING MINUTES
March 5, 2009
I. 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, Shea and Zacchio.
II. PUBLIC HEARING: none
III. MINUTES OF PRECEDING MEETINGS: January 8, 2009
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council accept the February 5, 2009 minutes as amended as follows
"Kevin Witkos was present at the regional meeting in Granby."
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
IV. COMMUNICATION FROM AUDIENCE – Items not on this Agenda
V. COMMUNICATION FROM COUNCIL
Pam Samul reported on a reception she attended for the 20% by 2010 Campaign. There were three school districts, a pharmaceutical company, a dentist group and about five other entities that were recognized for what they had done. The Town of Avon did receive an award at the reception.
Mr. Pena stated there was an event scheduled at the High School, the learning project. It was postponed to Monday evening, March 9th. It will be about bike trails, walking trails and is a very good idea. It is sponsored by the Avon Land Trust.
Mr. Pena further reported there has been a lot of interest in the Avon Clean Energy Commission and residents wanting to participate and volunteer. It may be a good idea to create a form that they can fill out so when a vacancy happens we have the information. The Town Manager stated we have a standard background sheet that we prepare on all the positions and vacancy before the appointments. We can draft an application for the next meeting if that is the Council's wish. Chairman Carlson stated in addition to having an application available it could be posted on the website. These applications could be kept on file.
VI. OLD BUSINESS
08/09-04 Initial Review, Discussion and Distribution: FY 09/10 Budget
Chairman Carlson reported the Town Council has to recommend a budget to the Board of Finance. The Council met for most of Saturday, February 28th regarding the budget. The Board of Finance will hold a Public Hearing on March 30th on the recommended budget.
The Town Manager reported the total amount being recommended is $71,502,922 which is a 1.38% increase at this time.
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve and forward the FY 09/10 Proposed Budget of $71,502,922 to the Board of Finance, as follows:
REVENUES
Property Tax & Assessments $ 62,136,331
State & Federal Grants 3,643,907
Licenses, Fees & Permits 1,110,311
Charges for Current Services 3,252,244
Other Local Revenues 974,898
Other Financing Sources (Uses) 385,231
TOTAL $ 71,502,922
EXPENDITURES
Town Operating Budget $ 18,737,559
School Operating Budget 44,307,697
Sewer Operating Budget 1,620,748
Capital & Debt Service Budgets:
Debt Service 5,268,497
Capital Budget (CNREF
Facilities & Equipment) 1,568,421
Subtotal: Capital & Debt Service 6,836,918
TOTAL $ 71,502,922
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
08/09-41 Appointments: Avon Clean Energy Commission (1 R - 12/31/09)
On a motion made by Mr. Zacchio, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council appoint Robert Martin to the Avon Clean Energy Commission for a term to expire December 31, 2009
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
08/09-43 Appointments: Youth Services Advisory Board (2 R - 12/31/09)
On a motion made by Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council appoint Marie Mozzicato to the Youth Services Advisory Board for a term to expire December 31, 2009
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
On a motion made by Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council appoint Nancy Carlson to the Youth Services Advisory Board for a term to expire December 31, 2009
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
08/09-45 Appointment: Town of Avon Representative to Farmington Valley Health
District, (12/31/09)
On a motion made by Mr. Zacchio, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council appoint Maura Shea as the Town Council's representative to the Farmington Valley Health District for a term to expire December 31, 2009
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
08/09-48 Review and Discussion: Proposed St. Matthews/AT&T Cell Tower
The Town Manager reported at the last Town Council meeting it was requested that the Planning & Zoning Commission review the application of AT&T and comment on it to the Council. The Town Planner, Steve Kushner, is present this evening to review with you the comments and answer any questions. The subject of the rest of the project is two fold; one is to decide what type of comments the Council wants transmitted to the Siting Council, and the other aspect is the Planning & Zoning Commission is recommending the Council become a "party" to the proceedings. The Siting Council has scheduled a Public Hearing for March 31st to take testimony and walk the site, and review comments. This is a fairly lengthy and complex process to go through. We also have a significant conflict that evening since the Board
of Finance has called their post-Public Hearing Workshop on the FY 09/10 budget that evening in the Avon Room. We will need to have someone assigned to represent the Town at the proceedings for the evening. They are not looking for attorneys to represent the town.
The Town Manager further reported a corresponding issue with this is that Dr. Kisiel and myself had written letters of support for the cell coverage in that part of Avon. Those letters were included in the AT&T application. The comments from the Planning & Zoning Commission will be in conflict with the letters that were written earlier. It needs to be decided if the letter will remain in the application or if they should be rescinded, and if you wanted written testimony to accompany the oral testimony.
Mr. Zacchio stated he supports being a "party" to the proceedings. We should have some input to the proceedings if we go with supporting the tower, or supporting the relocation of it. Mr. Pena reported if we were a "party" to the proceedings than we have much higher standings than if we were just to make comments. It would be in the best interest of the Town. Mrs. Samul concurred. Mr. Shea stated he strongly supports a compromise. We do not have very good coverage in the area and is not in favor of the current structure as being proposed and would like to see if a middle ground could be achieved.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council approve being a "party" to the AT&T application for a proposed cell tower at 224 Lovely Street at the Siting Council's Public Hearing to be held on March 31, 2009
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
Chairman Carlson reported the need for cell coverage in that area has not dissipated. We would encourage people to help us locate the correct location for this tower. There has been opposition to the tower as proposed. The Planning & Zoning Commission stated in their letter they are not in favor of this as well. The need exists but the location is not favorable. The Town Manager stated in the letter from Planning & Zoning reads "the Commission clearly appreciates the need for additional cell phone coverage in the vicinity." Mr. Shea reported the letters from the Town Manager and Dr. Kisiel should be removed and a new letter should be drafted to replace it. The Town Manager stated he will discuss this to the Town Attorney. Mrs. Samul stated she does not see any of this in conflict.
Back in 2008, they did not know the specifics on the tower and did not know how it was going to proceed. The letters are in support for need in the area and feel this does not need to be removed. Mr. Zacchio reported we should be careful with retracting it so it does not show that we do not want it anywhere. It will end up somewhere and we are going to run across the same issues no matter where it sits. No matter what site it ends up at in Avon, it should reflect our concerns that there is a need. The Town Manager reported the Siting Council will either approve it or deny it depending on the proceedings on the March 31st. It is not their job to pick the sites. He further reported they have not seen any representation from either AT&T or the church at any of these meetings.
The Town Planner reported speaking with the AT&T attorney Chris Fischer, on several occasions and he spoke with the client. It would not be appropriate to enter into any other processes and has no interest in starting a parallel process of negotiations. It was explained to him it may be in the best interest because it may avoid some litigation down the road. Mr. Shea stated so they do not have any interest in having any dialogue with the neighbors. The Town Planner stated they do not have any interest in that at this time. The Town Manager reported a letter will be written expressing the Town's interest in becoming a "party" to the proceedings. A second letter will be written, after a consultation with the Town Attorney, with the recommendations that the Planning & Zoning Commission has submitted.
Chairman Carlson reported we need to send a representative to the Public Hearing on March 31st. Mr. Pena stated the best individual to send would be the person who drafted the letter ---the Town Planner. The issues that would be addressed would be better explained by someone who has been involved in the whole process.
The Town Planner reported the Attorney Andrew Lord, is present and may have a recommendation. Mr. Lord stated there is no better person to explain the process and take a cross examination than the Town Planner. It is not something where facts can be explained, but they are looking for more than that.
A discussion we had with the attorneys of the applicants and they seem to have had a change of heart and may be open to some dialogue. There are not interested in moving the tower at all, but may be open to modifications. It may be helpful to have a designated Council person to be able to answer questions.
The Town Planner added the Commission's next choice would be that AT&T hire an outside architect to study ways to perhaps add another steeple to that structure, so that the antennas are completely hidden in the steeple. It would be great to see AT&T do that with a positive attitude. Mr. Lord explained the process of the proceedings. The Hearing will start at 2:00-3:00 p.m. at the location, where a balloon will be lifted to show the height of the tower. At 3:00 p.m. the applicant would put out their direct testimony, swear the witnesses in, and cross examine the witnesses. All testimony will be filed before the meeting in writing. This will go from 3:00 p.m. - 5:00p.m. when they will break and start up again at 7:00 p.m. At 7:00 there will be an opportunity for public officials to speak and the public. Mrs. Samul reported one of the things that were discussed was alternate locations, and one that was discussed was the Found Land. Are there restrictions for the town with doing a
tower on the Found Land. The Town Manager reported there are not. The issue with the Found Land is it does not have an access. There would need to be a significant road construction process and lines to power the equipment. It would have to be researched.
VII. NEW BUSINESS
08/09-50 Review and Approval: 2009 Girl Scout Week Proclamation
Chairman Carlson, on behalf of the Town Council, invited the Girl Scouts at the meeting to come to the front of the room to introduce themselves. The Girl Scouts in attendance were, two girls from Troop #66235; Brianna Baldwin and Cayla Murphy; and three girls from Troop #66837; Taylor Edgar, Abigail Bratton, and Tessa Bratton. The girls took turns reporting on the Girl Scout facts:
• We are now part of the State wide Girl Scouts of Connecticut Council which has 50,000 members.
• We have 36 registered troops in Avon ranging from Kindergarten/Daisy to 8th Grade Cadettes.
• There are approx 350 girls and 150 adult members in Avon.
• Troops meet after school at evenings or at weekends. We use the schools, local churches and community building such as Avon Library and the Senior Centre for our meetings.
• Occasionally many troops will come together for a service unit wide event such as a sing-a-long, Camporee, dance, International Festival.
• We have no religious affiliations although we respect all beliefs.
• Girls are involved in a wide range of activities helping them to develop confidence and character. We encourage all troops to participate in community service projects. This year these have included clothing and food drives, especially in aid of Gifts of Love and Avon Food Cupboard, community gardening, carrolling, Valentines for Veterans etc.
Chairman Carlson read the proclamation.
WHEREAS, March 12, 2009, marks the 97th anniversary of Girl Scouts of the USA, founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and,
WHEREAS, throughout its distinguished history, Girl Scouting has inspired millions of girls and women with courage, confidence, and character to make the world a better place; and,
WHEREAS, through the Girl Scout Leadership Experience girls develop the skills and lessons that will serve them throughout their lives so that they may contribute to their communities; and,
WHEREAS, Girl Scouting takes an active role in increasing girls’ awareness of the opportunities in math, science, sports, technology, and many fields of interest that can expand their horizons; and,
WHEREAS, more than three million current Girl Scout members nationwide will be celebrating this American tradition, and welcome girls from every background to join;
NOW, THEREFORE, I John Carlson, by virtue of the authority vested in me as Chairman of the Town Council of Avon Connecticut, do hereby applaud the commitment Girl Scouting has made to support the leadership development of America’s girls and proudly proclaim the week of March 8, 2009, as Girl Scout Week.
Chairman Carlson thanked the girls for attending the meeting and for all they do and handed them all copies of the proclamation.
08/09- 51 Status Update: Farmington Valley Visitors Association & Film Collaborative:
Nancy Anstey
Nancy Anstey reported on the Farmington Valley Visitors Association (FVVA) and tourism. This is the 15th Anniversary for the FVVA and to celebrate we are trying to do three of four events during the year. We are getting lots of requests on the seasonal getaway packages. It is amazing what is happening.
Our tourism district represents 46 cities. It would be difficult to do anything with a budget that went from close to $1million to less than $400,000. One of the most interesting things we are doing is what is now called the Farmington Valley Film Commission (FVFC). It started two years ago who thought what a good idea to take the 30% tax credit and create a production package for the Farmington Valley so that maybe we can get some of the filming. We really need to take advantage of this. For the better part of two years, we have been creating a Farmington Valley production guide. We have a location gallery organized, services, like catering and nannies, are 90% done, anything a production company may need we are putting together. The one piece missing is the Town permit. What we decided to do,
after talking with the State Of CT Film Commission is to have the towns choose one uniform town permit that would be in the production package. It would be on the website and this way if they wanted to film in more than one town they would not have to be scrambling. If we can pull everyone's necessities together it would be great. We have someone designing a website and we are working on looking more professional. Once we get there we will go out live and we are hoping by spring.
The Town Planner reported this is a good start. The discussion was really on whether we would need a new ordinance or not. This would be part of the Special Events permit.
Ms. Anstey further reported on the new trail guide for the Greenway River Trail. The last edition was back in 1999-2000. We have been thinking about how to expand this and in working with Simsbury we finished. We do not have a lot of copies because the grant we used was not large but once the grant is over we will go out for sponsorships to make more copies. It is a phenomenal guide. Please review the guide and let me know if anything is missing.
08/09- 52 Contract Renewal: Dial-a-Ride Programs
a. General Services: $57,266
b. Elderly Daycare: $4,000
The Director of Social Services stated the present contractual agreement between the Town and Managed Transportation Service, Inc. will expire on June 30, 2009. Our current agreement contains a renewal clause for an additional one-year period, contingent upon mutual consent. The company has proposed renewing the contract for an additional year, with a 3.0% increase in the annual fee from $55,598 to $57,266. We have sufficiently budgeted for the 2009-2010 fiscal year to absorb this increase. In view of the fact, the company has provided very good overall service; and we are recommending that the Town exercise its renewal option, covering the period of July 1, 2009 through June 30, 2010.
He further reported our present one-year contractual agreement with McLean Home for Dial-A-Ride services for Avon residents participating in elderly daycare and related activities will expire on June 30, 2009. To date, the arrangement has worked out well. Avon residents have been able to fully participate in McLean’s Elderly Daycare Facility, as well as rehabilitation/therapeutic services provided at the Simsbury site, without conflicting with the Town’s regular senior Dial-A-Ride services. In addition, the service also transports local seniors to out of town medical appointments. McLean has agreed to a renewal rate of $4,000.00 per year (no increase) covering the period July 1, 2009 through June 30, 2010.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the contract with Managed Transportation Service in the amount of $57,266 for Dial-a-Ride Programs; and approve the contract with McLean home in the amount of $4,000 for Elderly Daycare.
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
The Assistant Town Manager reported there has been some regional discussions that have been happening about the Dial-a-Ride programs. The Director of Social Services stated CRCOG has contacted some of the Valley towns to plan to do a planning study on the Dial-A-Ride programs offered in the Farmington Valley which would be a real interest to all of the towns.
08/09-53 Agreement Renewal: FY 09/10 Town of Farmington Youth
Services, $28,000
The Director of Social Services reported the present contractual agreement with Farmington expires on June 30, 2009. The renewal essentially extends the current contract to cover the period July 1, 2009 through June 30, 2010, with no changes. The annual cost is $28,000, 50% of which will continue to be covered by a State grant. The contractual agreement provides Avon with the services of a part-time (15 hours weekly) youth services professional. The arrangement has worked out very well. The youth services professional contracted through Farmington, has been working closely with the Avon Youth Services Advisory Board in exploring and developing local youth programs and services. It is recommended that we continue our contractual arrangement with the Town of Farmington, as it is clearly evident, that it has provided the Town of
Avon with the ability to offer an enhanced level of services to youth and their families.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the contractual agreement with the Town of Farmington to provide Youth Services to the Town of Avon for FY 09/10 in the amount of $28,000, 58% of which will be reimbursed by a State grant.
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
08/09-54 Contract Renewal: FY 09/10 Town of Canton Social Services Agreement
The Director of Social Services stated the present contractual agreement with Canton expires on June 30, 2009. The proposed renewal agreement extends the current contract to cover the period July 1, 2009 through June 30, 2010, with the following changes: An increase in the contractual hours of service, from 5.0 to 7.5 per week, based on increased program/client activity. The contractual amount payable to the Town of Avon for FY 2009-2010 would be $26,606. It is anticipated, that the majority of the increase in annual revenue ($8,868) would be allocated for the provision of contractual services, to assist with the increased workload.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the contract with the Town of Canton Social Services agreement in the amount of $26,606.
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
08/09-55 Supplemental Appropriation: Roaring Brook School Boiler
Controls Project, $24,763.20
The Assistant Town Manager reported the boiler controls were removed from the original project last summer. We completed the boiler replacement project and we have a remaining balance of just over $41,000 in the project. We believe we can go forward with this project if you are interested in approving the project. The funds would come from several different sources. They would include $56,000 that we received from the rebate from CNG for installing the more efficient equipment, the $42,994 that came from the State for assistance in the cost of utilities and then the balance would come from the project from the underground storage tank removal that was done at Roaring Brook School, which is $24,763. The total would be $165,000. The project is anticipated to cost $153,000 but it has been seven months since we have
received this bid so they would have to go out to bid again. Hopefully we can return the balance of the project back to surplus when we are done.
The Town Manager reported some of these monies would have lapsed into surplus instead we will take it and use it for the boiler controls. The Finance Director will give an update on the Quarterly Financial reports, the one question mark is that the Board of Education (BOE) is running a deficit again in the revenue side of the budget.
MR. Shea questioned if the Board of Education is anticipating any additional funds from the State to help them offset the deficit. The Town Manager reported he is unsure about this and the stimulus funds. We expected to know on Monday and it was not announced. The way the whole stimulus package is working is the money is being pulled off on the top and we are at the bottom, so we may not get anything. This is the way it seems to be moving. Mr. Zacchio questioned if it would hurt us to table this. It would be better to raise the surplus a little. The Assistant Town Manager reported there is no immediate need but we are trying to become the most efficient we can. The Town Manager reported the only provision would be the $43,000 grant from the State on the efficiency and the provisions on that. The Assistant
Town Manager stated the BOE wanted it for the project, if it does not go to this project it would most likely go to their Operating budget. Chairman Carlson questioned if there is a time frame for which we need to use this money. The Director of Finance reported the intent was to give them relief in the current year's budget.
Mrs. Samul questioned if the $41,661.01 would be reduced by the $5,758.60. The Assistant Town Manager reported they have agreed not to request those Expenditures from the Capital Projects. That was the cost of the oil for the boiler. Mrs. Samul reported the whole Roaring Brook boiler thing has been frustrating in that it had to be done during the summer, then there was a camp going on there and Dr. Kisiel was not in favor of having the camp using a different school, so the work was delayed, then we were sure the work would be done on time and there would be no need to rent or obtain auxiliary heat and then it wasn't. The Assistant Town Manager reported this was mostly the vendor's particular problem. Orders were not placed on time, which then caused them to have to bring them in on Saturday's to work. Mrs. Samul
reported the $42,994, looks like three uses for this money; Chairman Carlson stated this does not go to the BOE for Operating Budget, but who really controls the money? The Town Manager reported the money from the grant is authorized from the State. It is listed as being spent by the BOE but is required to go through the Town's appropriation process in accordance with the Charter. We basically allocate it to a Capital Project that is energy related or to the Board of Education where they can spend it on their Operating Budget on an energy related project. Mrs. Samul stated if we postpone the process for 30 days then we do not lose the money. The Town Manager reported waiting may be a prudent move until we know what the deficit is.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council table item 08/09-55 Supplemental Appropriation: Roaring Brook School Boiler controls to the April 2, 2009 meeting.
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor.
08/09-56 Review and Discussion: Set Public Hearing Date, April 2, 2009 7:30 p.m.,
Acceptance of Parcel, Foxcroft Run
Mrs. Samul abstained from the discussion because she is a resident of Foxcroft. . The Town Planner reported this is the 20 ft. strip of land located at Foxcroft and Glendale. Julie Grey, one of the Town Attorneys, has prepared the deed to gift the parcel from the original developer to the Town and has indicated she will be sending the material to the original developer and his business partner. We expect these to be reviewed and approved soon and are recommending the Public Hearing be scheduled for the April 2, 2009 meeting.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council schedule a Public Hearing on Thursday, April 2, 2009 at 7:30 p.m. to consider and accept a parcel of land consisting of .13 acres located on the westerly side of Foxcroft Run
Messrs Carlson, Pena, Shea and Zacchio voted in favor. Mrs. Samul abstained.
08/09-57 Approve Resolution: JP Morgan Chase/CIGNA Bank Account
The Director of Finance reported with the change to CIGNA we need to set up a new account. We had a similar account when we had Anthem.
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: WHEREAS, Connecticut General Life Insurance Company (“CGLIC”) aka CIGNA [Name of Insurance Company] [hereinafter referred to as the "Administrator"] will administer health and accident benefits programs of this Town (hereinafter referred to as the "Town"); and
WHEREAS, to facilitate the administration of such benefits programs, the Town desires to open an account with JPMorgan Chase;
NOW, THEREFORE, BE IT RESOLVED, that the Town open a demand deposit account with JPMorgan JPMorgan Chase, Account No. 475737881 (such account being hereinafter referred to as the "Account"), and that the officers and agents of the Town and of the Administrator are authorized to deposit funds into the Account and that the officers and agents of the Administrator are further authorized to deliver standing instructions to JPMorgan Chase respecting deposits of funds of the Town to be made to the Account and corresponding debits to such other account of the Town as shall be specified by the Town; and
FURTHER RESOLVED, that until the further order of the Town Council, any of the funds of the Town or of the Administrator deposited in the Account shall be subject at any time to withdrawal or charge upon the following terms only: (1) in accordance with orders or instructions delivered to JPMorgan Chase in the name of the Administrator electronically, orally, in writing, or by any other method and (2) upon debits or charges to the Account effected by JPMorgan Chase in connection with returns or reversals of amounts previously credited to the Account or adjustments of erroneous credits; and
FURTHER RESOLVED, that JPMorgan Chase is hereby authorized to permit any such withdrawal or make any such charge in accordance with such instructions without inquiry as to the circumstances of such withdrawal or charge or the disposition of the proceeds and, at JPMorgan Chase's option, even if the Account is not in credit to the full amount of such withdrawal or charge; it being understood that some or all of the funds on deposit in the Account will be transferred from time to time to an account or accounts maintained by the Administrator with JPMorgan Chase; and
FURTHER RESOLVED, that JPMorgan Chase shall not, unless otherwise directed by a representative of the Administrator whose name and signature has been certified to JPMorgan Chase by an officer of the Administrator, (1) act on a stop-payment request, (2) except as hereinabove described, withdraw or permit the withdrawal of any amount from the Account; and
FURTHER RESOLVED, that (1) all statements of account in connection with the Account, (2) all balance and transaction information in connection with the Account, (3) all information regarding checks, and (4) all correspondence received by JPMorgan Chase in connection with the Account shall be transmitted or mailed by JPMorgan Chase to the Administrator and not to the Town; and
FURTHER RESOLVED, that the Town shall be liable for any and all overdrafts in the Account and unconditionally promises to pay to JPMorgan Chase the amount of each such overdraft, it being understood that the Town's arrangements with the Administrator may contemplate the existence of overdrafts in the Account from time to time; and
FURTHER RESOLVED, that the Town authorizes and directs the Town Clerk of the Town of Avon to promptly notify JPMorgan Chase in writing of any change in these resolutions, that any such change shall not be effective until JPMorgan Chase has received such written notice of the same at such address as JPMorgan Chase shall specify, and has had a reasonable opportunity to act on it and that until such time, JPMorgan Chase is authorized to continue to act in accordance with these resolutions and shall be indemnified and saved harmless from any loss or liability incurred in continuing to act in accordance with these resolutions, even though these resolutions may have changed.
Mrs. Samul, Messrs Carlson, Pena, Shea and Zacchio voted in favor
VIII. TOWN MANAGER’S REPORT/MISCELLANEOUS
Misc. A Construction Update: The Assistant Town Manager reported on the report from the State Department of Education regarding violations relative to the American with disabilities act. The list has been given to Kaestle Boos for their investigation. Some on the list have been associated to programs not located at the high school. Most of the issues were not addressed in this past project but the one prior to 2000. We need to have a meeting with Dr. Kisiel's office and see how they want to handle this. There is one project that is related to the work done last year that FIP will need to modify. We do have our own staff working on Fisher Meadows on how to make the area more accessible. A paved parking spot with lines will be needed, and perhaps some long term paths
would need to be constructed. The Town Manager reported this goes way back into the 80's on requests they always want updated from an ADA standpoint. The Assistant Town Manager reported it would not be appropriate to pay for these modifications out the recent project, so we will need to see how to fund these projects. The Middle School Roof design is off and running. The design is hoping to be complete by April 2nd, so we can go out to bid. The Town Streetscape improvements are underway and the design is being completed. A meeting will be held to discuss the design and get feedback. We are hoping to at least go from the Town Green to the Church as a start. Mr. Shea stated it may be appropriate to send another letter to the people who donated to the decorate lights and let them know where the project stands.
Misc. B. Purchasing Update: The Assistant Town Manager reported the outsourcing of tax bills is something new that we will be going out to bid for. This is a very labor intensive project. Mrs. Samul questioned the Sycamore Hills property and the type of interest we received from that. The Assistant Town Manager reported this is getting good feedback. The janitorial service is getting a huge response. We are getting several calls a day regarding this.
Misc. C. Quarterly Financial Reports: The Director of Finance reported the biggest concerns are on the revenues. We know where there are some cost savings. The Director of Public Works and Assistant Town Manager have met and discussed overtime savings to help this, so we can stay on top of this. We do not want to have an Operating deficit, so we are trying to get into the Board of Education revenues deeper. We will be helping them track them. There is an overview in the beginning of the document and may be affected by some of the decisions made this evening. We have seen some reductions in utilities in our new buildings with the energy efficiencies that we have installed. We just got the tax collection reports and they are in line with last
year's numbers, but we are seeing more half payments. The newly appointed Collector of Revenue is doing a wonderful job. She is automating some functions. They scan the bills and email versus mailing them. The Town Manager reported he is becoming overly concerned about the Pension portfolio in the terms of how it will impact the next FY 10/11. We went from just shy of $24million to $14.5million, which is a 40% cut, so we are concerned since we are seeing an increased payment. Chairman Carlson questioned the BOE section of the quarterly for example the computer software, $52,000. That is a lot of money, are there any questions on that. The Director of Finance reported the question can be asked. The other one was the Fixed Charged Annuities, $5,000. The Director of Finance reported they allow their teachers and administers to use any firm with annuities. The Town Manager reported they have a 403B program and have an open
enrollment program where anyone can sign up on anything. The school contributes to those programs, so this may be a timing issue where they have not put in all the money they are suppose to be paying to these things. Chairman Carlson stated the Athletic Supplies and Uniforms which is $11,833, usually they budget for an item and have paid for it yet you encumber the funds. The Director of Finance reported they have not recorded any that she knew of but will follow up on these. Mrs. Samul questioned when the Capital Projects are done that are not bonded and there is monies left over, the monies then go back into the General Fund, correct? The Town Manager reported it would be a final transfer which is done at the end of the year. We do bond anticipation notes short term, until we know exactly what the final balance will be, then we go out for the long term bonds.
Misc. D. Status Update: Rules for Referendum Materials: The Assistant Town Manager reported spending some time reviewing the law and make sure we were doing everything correctly. As we always have done in the past, once you sent the date of the meeting, you must be more careful with what you can and can't do. The materials will need to be reviewed by the Town Attorney to make sure the information is neutral in context. This will mean the newsletter and all PowerPoint handouts will be subject to review. Mrs. Samul reported speaking to several groups in town about the Public Meeting. What do we need to be aware of in this? The Assistant Town Manager reported the issue is with printed materials, not so much what is said. The point is you can not spend money to
advertise or print materials. The Town Manager reported a booth will be set up at the Public Hearing so people can be aware they can sign up online and get email notices.
Misc. E. Town Manager's Report: The Town Manager reported we are looking at raising fees at the Senior Center for use of the building to offset the custodial costs. Before we research this, we wanted some feedback from the Council. The Assistant Town Manager reported it would be a small fee.
The Town Manager reported receiving a notice, which was somewhat disturbing, regarding Emergency First Responders, the Police Department and Fire Department may not offer a higher level of service than what our lowest trained individual is. For example, our officers are trained as MRT, the Sergeants are trained on the EMT level. It may be that we may not be able to offer EMT level if all officers are not trained at that level. This is really something that may be an issue. The rational of this is risk based liability.
IX. EXECUTIVE SESSION: Land/Negotiation :
On a motion made by Mr. Zacchio, seconded by Mr. Pena it was voted:
RESOLVED: That the Town Council go into Executive Session at 9:25 p.m. to discuss property negotiation and personnel issues. Mrs. Samul, Messrs Carlson, Pena Shea, and Zacchio voted in favor.
The Town Manager, the Clerk and the Director of Human Resources attended the session.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council come out of Executive Session at 10:10 p.m.
Mrs. Samul, Messrs Carlson, Pena, Shea, and Zacchio voted in favor.
X. ADJOURN
The meeting was adjourned at 10:15 p.m.
Attest:
Caroline B. LaMonica
Clerk
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