AVON TOWN COUNCIL
MEETING MINUTES
April 2, 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:
08/09-56 7:30 p.m., Acceptance of Parcel, Foxcroft Run
The Public Hearing was called to order at 7:30 p.m. by Chairman Carlson, and the Clerk read the legal notice as follows:
"TOWN OF AVON
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, April 2, 2009 at 7:30 p.m. at the Avon Town Hall, Selectman’s Chamber, 60 West Main Street, Avon, CT to consider and accept a parcel consisting of .13 acres, identified as parcel number 2330022 located on the westerly side of Foxcroft Run to the Town of Avon.
Dated at Avon, Connecticut this 6th day of March, 2009
Philip K. Schenck, Jr., Town Manager"
On a motion made by Mr. Shea, seconded by Mr. Pena , it was voted:
RESOLVED: That the Town Council accept the parcel consisting of .13 acres, identified as parcel number 2330022 located on the westerly side of Foxcroft Run.
Messrs: Carlson, Pena, Shea and Zacchio voted in favor. Mrs. Samul abstained.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council close the Public Hearing
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
III. MINUTES OF PRECEDING MEETINGS: February 28, 2009
March 5, 2009
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept the February 28, 2009 Budget workshop minutes as submitted
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council accept the March 5, 2009 meeting minutes as submitted
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
IV. COMMUNICATION FROM AUDIENCE – Items not on this Agenda
Jack Herklotz, 19 Carriage Drive, reported writing a letter to the Avon Town Council on December 5, 2008 regarding the Revaluation process and was wondering why no response was written. The Town Manager reported a response will be written and is unsure why one wasn't written in the first place. Chairman Carlson reported this is one letter we do not remember seeing a copy of. Mr. Shea questioned what the letter contained. Mr. Herklotz reported looking at 19 homes around his neighborhood; about six of them have sold in the past year and a half. The assessed valuation changes in these homes in this grouping and there was quite a range, from 12-22%. Six of the properties that have sold in the past are not being valuated at much less than what they were being sold for. A meeting was had with Denise
Cahill, a member of the Revaluation team, and went over the issues and she went over the explanation. She made the comment: "the state would accuse Avon of chasing the sale" Mrs. Samul questioned if the sales closed after October 1, 2008. Mr. Herklotz reported they were before. There was a large amount of property not being taxed. This tax burden is being distributed to the older property owners. The Town Manager reported this will have to be investigated and the Town Assessor will respond.
V. COMMUNICATION FROM COUNCIL
Mr. Pena stated attending the AT&T Siting Council meeting on Tuesday, March 31, 2009, and felt everyone involved did a great job and everyone was happy with the result.
Mrs. Samul reported attending the Blue and Gold Banquets for both Pack 274 and 122 and enjoyed the opportunity. In addition, she attended a meeting at the Avon Old Farms hotel regarding Smart Growth. There was a professor from the University of Connecticut that gave a presentation on things that can be done. We may be hearing more down the line on this.
Chairman Carlson reported receiving an invitation to the Board meeting of the YMCA in Hartford and will not be able to attend if someone can attend in place. Mr. Zacchio reported he could do this.
VI. OLD BUSINESS
08/09-04 Review and Discussion: FY 09/10 Budget
a. Set Landfill Schedule for 7/1/09
The Assistant Town Manager stated wanting to resolve this issue since we usually start selling permits in May and need to place the orders and put the landfill schedule on the permit. We would also like to put it in the next newsletter which goes out in the next few weeks. What is being recommended is a Tuesday, Friday, Saturday schedule which we have discussed. They concur that this would be the best schedule. The current days are Monday, Wednesday, Friday, and Saturday until 1:00 p.m. The hours of operation would not change. The Town Manager reported there are about 1,500 landfill permit holders in Avon and most of them are on the west side of the community. Mrs. Samul questioned if this can be sent out through the mass email system. The Assistant Town Manager stated this could be done;
we will do it sometime in May.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept the landfill days of operation as recommended by the Superintendent of Solid Waste to Tuesday, Friday and Saturday with no change in the operation hours
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
b. Review and Discussion: Building Permit Fees
The Director of Planning and Community Development recommended that the Building Permit fees be raised from $13.00 to $15.00 per thousand. We have not raised the fees since the year 2000 and we did a survey of the surrounding communities. While we are not expecting a large amount in these fees but in the long term we feel it will lead to additional revenues. It is too hard to predict the level of activity we will have over the next 12 months, but this will help us in better achieving the projected revenues for next fiscal year. We would recommend the increase and it does bring us in better line with the surrounding communities. We have discussed this issue with the Town Attorney in the past and the way that it is laid out in the structure of the Ordinance; it is within the Town Council's powers to adjust the
fees without the need for a public hearing. Mr. Zacchio questioned how the increase was determined. It seems to be very modest. The Director of Planning and Community Development reported it was based on the surrounding towns. Mrs. Samul reported supporting it not to make the town rich but because it brings us in line with the surrounding towns.
On a motion made by Mrs. Samul, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council accepts the Building Permit fee schedule as recommended by the Director of Planning and Community Development from $13.00 per thousand to $15.00 per thousand
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
The Director of Planning and Community Development was asked to explain how the CT Siting Council's Public Hearing went on March 31st at the Senior Center. He reported the proceedings ran just as advertised. We toured the site and the church, and then we went to the Senior Center for the hearing. AT&T was the first to present and they were cross examined. There was a dinner break from 5:00 to 7:00 p.m and when we reconvened the public could speak. Most of the concerns were things the Council had heard in the past and then there were things like electromagnetic radiation, and property values. About 8:00 p.m. the town was allow to present their case. This was the opportunity for us to speak and we were able to elaborate on some main points. The hearing was adjourned at 9:30 and will reconvene
on April 29th in the CT Siting Council office in New Britain. The parties were not finished so some were ask to attend that evening. We have no way of predicting how they will vote but they did seem understanding the concerns of the residents. The one piece that was disappointing was if the church could support another steeple. The Planning and Zoning Commission have recommended they hire an architect and investigate the situation, they did not say this. They won't have the opportunity to review this before approval. A couple of the Siting Council members were looking to make the pole look like a pine tree; they call that mono-pine. We explained this does not fit the look that we feel would be appropriate for the area.
08/09-55 Supplemental Appropriation: Roaring Brook School Controls Project,
$123,757.20
The Assistant Town Manager recommended that the request for the Control Replacement Project be approved, because it may yield a further savings of $14,000 per year in operating costs. She further reported we need the lead time to get the project done during the summer months. The Town Manager stated it may be too early to estimate any deficit that the Board of Education may have in this fiscal year. We anticipate a deficit but do not know at this time the amount, and would recommend that some of those funds be allocated to the deficit. Chairman Carlson reported being in favor of doing it but concurs with the Town Manager that there is not leeway at this point. The Town Manager reported the funds do come from multiple funds, but we don't know what will happen with the fiscal outlook. The Assistant Town
Manager reported if this is not done this year then we will have to wait another full year until next summer. Mr. Shea questioned how long it would take. Perhaps over the Christmas break it can be done or a spring vacation. Chairman Carlson questioned is it possible to reserve the funds to the next year's budget. The Town Manager reported this can be done but if the Board if Education is running a deficit then they may elect to use the money for that. Mr. Shea stated this should be looked at the next meeting and see where we are at.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council table item 08/09-55 Supplemental Appropriation Roaring Brook School Controls Project to the May 7, 2009 meeting.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
VII. NEW BUSINESS
08/09-58 Review and Discussion: Pine Grove Schoolhouse Painting
Bill Stokesbury, 15 Cadbury Turn, and Terry Wilson, 64 Mountain View, President of the Avon Historical Society were present at the meeting. Mr. Stokesbury reported the Old Pine Grove Schoolhouse is on the corner of Harris and West Avon Road. Since approximately 1975 the Town and the Historical Society have worked together on the schoolhouse. The last time the building was painted was in the bicentennial and that is why we are here today. We need your support to paint the exterior of the schoolhouse. It is in need of painting and unfortunately we have run into lead paint regulations that require a skilled contractor to handle any of the prep work. The costs to strip the property of the lead paint and paint after is around $20,000, the next option is to scrap it, sand it and paint it, which is $10,000.
We are asking the town for a contribution of $6,000 to the qualified contractor to do the removal of the lead paint and the historical society would seek volunteer efforts to paint the building. We estimate about $3,000 in materials and labor on top of the $6,000 cost. It is a project we would like to get done this painting season which clearly covers two different fiscal years. Mr. Zacchio questioned if they were a 501? Ms. Wilson stated they are a C3 and we have raised funds through donations for the painting about $1,300. Mr. Stokesbury reported they have not gone out into the community for donations yet and didn't feel they would do very well if they did. Ms. Wilson stated the Pine Grove Schoolhouse receives more visitors each year than the Living Museum, about 600 visitors. We want to be able to present the building properly. The other piece to this is the fencing will be repainted in front of the Living Museum, so we
have various projects going on at various locations. Chairman Carlson questioned if there is any visibility in the local advertisements. Ms. Wilson reported they are increasing this by joining some organizations. Mr. Shea questioned if they would be bidding this through the town or doing it yourselves. Mr. Stokesbury reported speaking with the Assistant Town Manager and they would be bidding this through the town. Mr. Shea questioned on long the project would take. Mr. Stokesbury reported the work would take about a week, and the painting would be in addition to that. Mr. Shea stated it may be difficult to decide on this tonight. The suggestion would be table this to the June meeting, get a handle on the Contingency, go through the bid process, and would have some time over the summer to do the work. If you could wait to June that allows us to not go into the surplus and we can use Contingency funds. Mr. Stokesbury
stated yes we could wait. Chairman Carlson stated there seems to be support for the project but we feel we may need to wait a bit. Mr. Pena questioned if any grant money has been requested. Mr. Stokesbury reported we have and were just denied one for the windows. Chairman Carlson requested the next time this item is discussed the motion should be changed to be able to take the money out of contingency.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council table item 08/09-58 Review and Discussion, Pine Grove Schoolhouse painting to the June Town Council meeting.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-59 Contract Renewal: FY 09/10 Town of Canton Animal Control Services
The Assistant Town Manager reported this is a renewal agreement we have had for several years now with Canton. They contract with Beverly LaPlume is to cover Avon and Canton. A one year renewal of her contract is the best move to make for the town, so this contract is substantially unchanged and will take effect on July 1, 2009.
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the contract with Canton for Animal Control Services for a one year renewal.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-60 Contract Renewal: FY 09/10 Town of Canton Assessing Services
The Town Assessor reported the annual service contract will run for a one year period starting July 1, 2009. The only change is the fee which will increase to 3.5%. The mileage is only what the IRS allows, which now is $.55. Everyone seems to be satisfied with what has been happening with the services. It is the model that we have used for the past 14 years.
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the contract with Canton for Assessing Services for a one year renewal in the amount of $56,676.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-61 Approve Resolution: Explanatory Text for Annual Town Meeting,
May 4, 2009
The Assistant Town Manager reported this is the item that was discussed at the last meeting regarding the language that is necessary to allow us to go ahead and print the newsletter and the copies of the handouts at the next meeting. It will impact all the boards making presentations at the various meetings. It is very generic and does not need to be approved individually. We will run the presentations by the Town Attorney to make sure they are neutral in context before they are viewed.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Clerk be, and she hereby is, authorized and directed to prepare and distribute an explanatory text with respect to the proposed budget for the Town for the fiscal year July 1, 2009 through June 30, 2010, as recommended to the Town by the Board of Finance, in accordance with the requirements of the Charter of the Town and Section 9-369b of the Connecticut General Statutes.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-62 Set Poll Hours: 6:00 a.m. to 8:00 p.m. Town Meeting Referenda
May 13, 2009, June 3, 2009 (if necessary), June 24, 2009 (if necessary)
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the extension of the Polling Hours of the Town Referendum from 6:00 a.m. to 8:00 p.m. on May 13, 2009, June 3, 2009, if necessary, and June 24, 2009 if necessary.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-63 Review and Discussion: Conflict of Interest Policy
The Town Attorney reported on the changes to the policy and some issues that may be of concern. The proposal is that the policy will be applicable not only to the Town but to the Board of Education. The Council does have authority under state law to impose the policy. The expectation is there will be discussions with the Board of Education and they will go along with it. The draft being discussed is largely based on the current Standards of Conduct that were adopted by the town several years ago. The new draft does reflect some portions of the Board of Education policy. The policy applies to all public officials, either elected or appointed.
Section B, Contracts with Town or Board, is an addition to the policy but it does exist in the Purchasing Policy. It would be good to have it as part of this policy as well. It was clarified that a lawyer or appraiser who currently serves on a Town Board can not do business with the Town of Avon until after one year after they have resigned from the Board. The Town Manager reported the addition to this was because of issues we have had in the past. Chairman Carlson stated a suggestion that would be made, if this was to be adopted, is that they distribute this section in particular to anyone on a board or running for a board, since it may be a conflict with their businesses. The Town Attorney reported the policy should not be distributed to only people who are newly appointed but to all appointed on a yearly basis as a
reminder. Mr. Shea questioned if Section B was common language. The Town Attorney state it can be softened if you are looking for that. Mr. Shea reported a resident can own a percentage of stock in a company and not have any say in the companies operations or management. They can be on a Board and not even know the company is bidding on something. The Town Attorney reported this subsection does not preclude someone who is an employee. Any employee would not disqualify your company necessarily. Secondly if your spouse is an officer, or director or owns more than one percent, they can still so business with the town. The current draft of the Purchasing Policy does not apply to spouses. Chairman Carlson stated, as an example, I am elected to the Zoning Board of Appeals and I own 1% of the stock and have not other affiliation, with a local bank. An employee puts together a bid document for a bond anticipation note for $1million, am I in
violation since there is no idea this is happening? The Town Attorney reported when the document is being reviewed it would most likely be picked up by the Town Manager or Assistant Town Manager, it is understood that you may not, and occasionally things may fall through the cracks, but it would be noticed most of the time. Chairman Carlson stated then the Town would need to have a list of all employers and stock holders of all public officials that are greater than 1% in the organization. The Town Attorney stated a disclosure of what offices you are a member with a 1% interest that sort of thing is public comment. The Town Attorney reported there would have to be some disclosure of information regarding companies and stock holdings greater than 1% so any conflicts can be determined beforehand.
Chairman Carlson stated it is not a bad thing but we will need to have pretty good record keeping. The Town Manager reported it would be done through the Town Clerks office since this is the type of info that residents occasionally want to view and would be subject to freedom of information. At times this is a dis-incentive to public office. The Town Attorney stated that is all on this section and you may want to consider the spouse section.
The Town Attorney continued comments, which is the disqualification is a bit different. This says you can not do certain things at certain times. So as opposed to the contract which might prohibit your company from every having a contract with the town, this states that if you have an interest in the matter involving that particular incident then you may not participate. The classic case is if you have an interest in something that is before the Council for a decision. Interest in this case applies to a personal or financial interest of the public official and the spouse, children or dependent relative that resides in the household and in the interest of the business entity in which the public official is a mere employee. This goes beyond officer, director or 1% shareholder, but if you are a mere employee in the entity then
you are prohibited in participating in that particular decision. Now the Board of Education has a similar policy, but with one difference, the town has always said you may not participate, the Board of Education policy states they may not vote. This means they can not speak about the matter at all to a fellow board member. Mr. Shea stated then they abstain, and do not participate in the discussion at all, and should leave the room. The Town Attorney stated we did add to the bottom of page one a new section from the Board of Education, disclosure shall be reflect in the minutes. We do have a disclose section in the policy, which the Board of Education requires it to reflect in the minutes which will be added. The Town Attorney continued to review various sections of the policy with the Council. No discussion was necessary regarding these sections.
The Town Attorney further reported this is new to the policy Prohibition against Town Employment. It means that as a Council member your son or daughter could not work for the Town during the summer, or for the Board of Education. Mr. Shea stated if we are living in a large city, this could be understood but in a town such as Avon, the town is the larges employer, so is there a language that would allow us to have something like that happen but eliminate the conflict. It is a bit extreme to think that someone who is on the Planning & Zoning Commission that their wife can't be a teacher in town. The Town Attorney stated there is an alternative to this and it would be that exceptions can be made for individuals who do not have direct or indirect supervision of the public official. Arguably, in the case of the Town
Council everyone in the town is under your jurisdiction or supervision but a Planning & Zoning member is a bit different.
Mr. Zacchio questioned if he has a conflict of interest discussing this policy since my wife is a teacher for the Avon Board of Education. The Town Attorney questioned at this point now it does. Mr. Zacchio recused himself from the discussion and sat in the back of the room. The Town Attorney stated the line can be reasonably drawn as the Town and the Board are separate. Mr. Shea reported that is where he would like to see us go. Chairman Carlson stated we have not control reasonably over the Board of Education matters. The Town Attorney stated the Council has control over the finances, not how to spend the money but the amount approved. Mr. Shea stated he would like to try to workout how we would effectively and appropriately work with some language that would allow this since the town is the largest
employer. The Town Attorney stated until it was raised this evening, it was not considered that the split between the town does make sense since you are two separate entity. Mr. Pena questioned how about the benefits contracts or the negotiations for the union contracts? The Town Attorney stated this would be a recusal at that point. Mr. Shea stated liking to see a line drawn between working in the Building department and being on a Board and working with the Board of Education. The Town Attorney questioned if it would be permitted to allow the Town Manager's son working in the town. Mr. Shea reported not having a problem with his son being a teacher but would have a problem with him working on the town side. He would like to see if it is possible to develop language to let someone recuse oneself if in fact it was as a spouse, son or daughter, where someone who serves on the Board of Education could work for the town and vice versa, as long as they
recuse themselves when needed. The Town Attorney confirmed the Council is in agreement that there would be a problem with a child of a town board member working for the town, or spouses working for the town side, but it would be ok if they worked on the Board of Education side. The Assistant Town Manager questioned what the definition of the town official is and how does that relate to town employees. Are all employees public officials and the response was not they are not, it is only positions that have authority and decision making. The Town Attorney stated understanding the consensus of the Council and will work on a redraft.
The Town Attorney further reported on sections which reflected no changes and required no discussion from the Council. It was recommended by the Town Attorney to delete the last sentence in section b., since complaints can be kept private due to the Freedom of Information act laws. It was determined that the Town Council would be the board determining if a conflict violation occurred or not. The ultimate punishment would be removal from the Board they are currently serving. Since the Council is the highest authority in the town, it should be the Councils responsibility to investigate and determine action. Chairman Carlson stated being more comfortable with the Council handling the situation versus the particular board where it is happening. The Town Manager reported the initial complaint would come into our office and
the Town Manager would be initially investigating this and then it would float to the Town Attorney. If it is not resolved during this review then it would brought in front of the Council as a proceeding. It was decided by the Council it would be best to go to the Town Manager and Town Attorney first for review and then to the Council. It was agreed to either remove the individual from a board but no monetary penalty would be issued.
The Town Attorney further reported regarding Members of the Avon Volunteer Fire Department, Inc, which the Council had no issues with. It was stated that there would be no dollar penalty on this. Chairman Carlson questioned if they have town employees. The Town Manager reported they have one full time and two part-time town employees. They are under supervision of the Fire Department but do work for the town. The Town Attorney stated under the Charter there are two issues. One, you have to determine if they are remunerated or not and in the opinion written earlier, if one can receive $1,000-$2,000 per year it is hard to argue. The second problem is, the amounts tend to go up, and the benefits tend to improve since you want to keep these people, so if you have someone who is making $2,000 who is to see if they are
remunerated or not. The second thing is a specific charter revision is no member of the Town Council, Board of Finance or Board of Education that can be a volunteer fire fighter. The way this is drafted it can be decided by the Town Council as to whether the Avon Volunteer Fire Department is under the jurisdiction of the town or not. They are their own corporation but in many respects they are part of the town. Chairman Carlson questioned if there was an out on this that says if they are a member of a board they must not accept any remuneration. The Town Attorney reported this would solve most of the problems. Mr. Shea questioned what would happen if we capped the remuneration for this organization only. Policies are involved so there could be a conflict with serving on the Council. The Town Manager reported an issue with this is we are running against the Charter and unless we change the Charter we can't violate the Charter.
The Town Attorney stated if one is receiving $25 or $50 per call then that would be expense reimbursement, but if you are getting paid by the number of fires attended or training sessions that would not be expense reimbursement. The Town Manger reported they have determined that each training session is equal to a certain amount of money, which includes gas reimbursement, uniform cleaning and so while not doing it on an individual basis they have done a blended rate. It should cover these expenses. Chairman Carlson stated if one has interest in participating in both can they excuse themselves from participation in any remuneration. The Town Attorney stated this could be done. Remuneration, in the Town Attorney's opinion, is when you get something in return for a service. If they decline payment as they are
a member of the Council that should resolve the remuneration issue. Mr. Shea stated there is more of conflict if they service on the Town Council then if they serve on the Board of Finance, how do we make a distinction. The Town Manager reported there is a provision in the Charter that requires a Board of Finance member be on the Fire Departments Board of Directors since donations are made to the organization. He further reported we donate money to many organizations but most of them are to provide services, so we need to be careful.
On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council table item 08/09-63 Review and Discussion, Conflict of Interest Policy to the May Town Council meeting for further clarification of the policy by the Town Attorney
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-64 Authorization to Apply: FY 2008/2009 LOCIP Grant
The Town Manager reported LOCIP is for Local Capital Improvement Program, and it is a state grant program and the money is used in the Road Overlay program.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council authorize the Town Manager to apply for LoCIP grant in the amount of $104,219.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-65 Review and Discussion: Set Public Hearing Date, May 7, 2009 7:30 p.m.,
Acceptance of Easement, Ensign Bickford Property
The Town Manager reported this Public Hearing would be for some easements from the Ensign Bickford Corporation for the Town to accept. The Director of Planning and Community Development reported as a result of two separate approvals from the Planning and Zoning Commission, one was the expansion of the Country Curtains along Route 44, and there are two easements they are going to grant to us. One we will use this summer in the reconstruction of the sidewalks along Route 44. The second dates back to the approval of the Marriott Residence Inn where there is a .4 acre parcel of land they are going to deed to the Town, next to Nod Brook, and in the Community Master Plan it speaks about making this a mini park adjacent to the bike path.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council schedule a Public Hearing on Thursday, May 7, 2009 to consider the acceptance of two easements which will permit the construction of sidewalks located at 32 and 38 West Main Street and to accept a .4 acre parcel adjacent to Ensign Drive and Nod Brook.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-66 Review and Discussion: Draft Board/Commission Application Form
The Town Manager reported it was requested at the last meeting that a draft application be prepared for discussion for individuals who may be interested in serving on Town Boards /Commissions. The Town Clerk prepared a draft application for your review. If the Council is comfortable with this it will be put on letterhead, or if you want to add anything we can do that. Mr. Pena questioned if it should state something about the conflict of interest Policy to notify them about this. Chairman Carlson stated it should ask their place of employment. Mr. Zacchio stated it wouldn't hurt to see a resume attached. Chairman Carlson stated it should be posted to the website, but it was agreed it was approved and to move ahead with the application form.
08/09-67 Review and Discussion: July 2, 2009 Meeting Date
The Town Manager reported the July meeting could be held in late June or after the holiday weekend. Chairman Carlson questioned June 30th. Mr. Zacchio reported he would not be able to attend. Chairman Carlson stated it will be July 6th.
On a motion made by Mr. Carlson, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council approve rescheduling the regular Town Council meeting from Thursday, July 2, 2009 to Monday, July 6, 2009 to be held at the Avon Town Hall, Selectmen's Chambers
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-68 Review and Discussion: Participation in NLC Prescription Drug Discount
Plan
The Town Manager reported research has been done and the participating towns had really good feedback on the program so far. Mr. Rosenberg reported as a member of the National League of Cities (NLC), member cities and towns are now eligible to participate in the new NLC prescription discount card program. This program provides local residents who are without health insurance, or without prescription coverage through their existing health insurance, with a free prescription discount card providing an average savings of 20% off the retail price of their prescription medication. Most of the pharmacies in our area are listed as participating by NLC. There would be no cost to the Town to provide this program to local residents, in collaboration with NLC. The Town’s responsibility would be to promote the program to the local
media, provide town wide ID card (with the Town’s official seal) distribution points, and to provide a link to the NLC/Caremark website from the Town’s website, to allow residents to obtain program information, enroll online, and print ID cards for immediate use.
All program materials, including the ID cards, posters, and card display stands would be provided at no cost by NLC. Per NLC, the process to launch the program takes approximately eight weeks and he recommended that we participate in the program. He further reported this program would be beneficial to our residents with no cost to the Town, therefore he would recommend this program.
On a motion made by Mrs. Samul, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council approve the participation in the National League of Cities prescription discount card program for residents
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
08/09-69 Review and Discussion: Requested Appointments, Canton, Avon, Burlington
Hydro Project
The Town Manager reported Richard Barlow, First Selectmen in Canton, has approached Avon and Burlington asking for participation in this project and preliminary work to possibly restore the Dams into a hydroelectric project. Canton passed a resolution establishing a temporary committee of five people and asked if Avon could appoint two people to the Committee to work with them on the project. They are looking for people with a background in engineering, finance, project management and any other skill associated with the production of the hydroelectric plant. He further reported speaking with Mr. Barlow and he said he is not really looking for people who had an interested in environmental issues associated with hydro electrics, but more skill sets that can work with the committee. Mr. Shea stated there would be a
benefit to having a diverse background on the committee to get different views. The Town Manager reported the two people appointed to the committee will be back to give us updates on the committee and the process. It would be the professional engineer or architect that would give us the final reports and presentation.
Mr. Lazinsk reported following the report in the newspapers and walked to the area of the dams and found it is a shame to see how they have deteriorated over the years and would like to see the project get done. To make them useful again and to generate electricity to the community, this is interesting to me. He reported not being engineer, or an architect, but just a Police Officer. He would defer to the Town for more qualified people to sit on the committee but if you are looking for an interested citizen, then he is interested. Mrs. Samul stated as a Police Officer you have the communication skills and specialized skills you would be an asset to the committee. Mr. Zacchio reported it would be a good idea to have a member of the Avon Clean Energy Commission also on this committee to make updates.
On a motion made by Mr. Zacchio, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council approve the appointment of Mr. Adam Lazinsk to the Hydro Project Advisory Committee, and table the second appointment of a member from the Avon Clean Energy Commission to the May meeting.
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 the high school project is almost done we received our last bill. Dr. Kisiel has been speaking to the Town Attorney regarding the code violations from the Americans with Disabilities Act. The long awaited traffic light is coming to the West Avon Road, near the entrance to the high school. The middle school roof bid will be going out in the next few weeks, and we anticipate coming back to the Council for an award on May 7th, but just in case just wanted to see if a special meeting on May 13th, after the Referendum would be a possibility if needed to get this awarded. Mrs. Samul questioned if there are any other things on this project that we should be looking for at the middle school. Mr. Shea stated he
received a question if there is anything else that is being left out of this project that may come out as needed later on. The Town Manager reported being blindsided in the past on the scope of projects. The Assistant Town Manager reported it entails replacing all 13 HVAC units and the training. She further reported on the Library; requests on a temporary parking lot to increase it 20-30 spots more with no lighting. This would include a crosswalk across the street to the Church. Mr. Shea questioned what the architect charged for the parking design. The Assistant Town Manager reported there was no charge since it was work he had already done.
Misc. B. Purchasing Update: The Assistant Town Manager reported both diesel fuel and heating oil came in at great pricing. We worked with the Board of Education on electricity rates which ended up being much less than CL&P. The savings to the Town side was about $30,000 and the Board of Education was close to $500,000. We had 23 bidders walk through for the Janitorial Bid. The lowest bidder was close to $20,000 less than what we currently pay. Mr. Shea stated it would be good to know ones that are bonded. A Company was selected for outsourcing of tax bills. We have a RFP out at the moment for e-waste recycling so we will know how that goes.
Misc. C. Update to Purchasing Policy: Will be discussed at the next meeting
Misc. D. Town Center Project: The Assistant Town Manager reported the landscape architects recommended the two senior trees along Route 44 not remain for this project, and be cut down. They are a maintenance challenge and really block the Town Green from Route 44, and really block where the sidewalks will be going. They will be replaced but by a smaller tree not cedar. This will be an area of focus. Mr. Shea reported this area does nothing for the town green and did not see a problem with them being removed. Mrs. Samul questioned if there had been any discussions about Woodford Avenue and crossing at that point. The Council concurred that the trees could be removed and replaced with smaller ones. It was recommended that it should be mentioned in the newsletter that this is being
done through a grant and generous donations.
Misc. E. Regional Initiatives & CRCOG Service Sharing Updates: The Assistant Town Manager reported applying for a federal grant through Senator Dodd's office for planning which is what we feel we need for helping us figure this out. We will be checking back to them to see what is happening next.
Misc. F. Town Manager's Report: The Town Manager reported there are two items from the Clean Energy Commission to discuss this evening; one is to allow them to send a letter to the State of Connecticut concerning the Clean Energy fund which they are recommending to you for Chairman Carlson's signature. It would be recommended to go ahead and sign this for them. The second item is they are asking for an amendment to their Charge to allow the two individuals who Superintendent Kisiel has appointed to the Committee from the high school to allow them to be members, and the same thing with the Executive Director of the Talcott Mountain Science Center, Jonathan Craig.
On a motion made by Mr. Carlson, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council approve the appointment of Giorgina Piella to the Avon Clean Energy Commission as an advisory member from Avon High School.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
On a motion made by Mr. Carlson, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council approve the appointment of Diane Zhao to the Avon Clean Energy Commission as an advisory member from Avon High School.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
On a motion made by Mr. Carlson, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council approve the appointment of Jonathan Craig to the Avon Clean Energy Commission as an advisory member from the Talcott Mountain Science Center.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
The Town Manager further reported on the health insurance transition. It seems to have been going smoothly up to this point with one exception and that is we received word this week that the Board of Education was going to make a change we thought everyone agreed upon. Basically by that change the Town has been forced to retract and revise our procedure of implementation. The net cost to the Town is about $6,000 and the net cost to the Board of Education is in the neighborhood of $30,000-$32,000. It does not affect the savings we are receiving from CIGNA, but more of a reduced income from the employees. We do have grievances filed from the bargaining units but we are working through the process as we go along.
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 10:10 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, Town Engineer, the Director of Human Resources and Chief Rinaldo 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 11:40 p.m.
Mrs. Samul, Messrs Carlson, Pena, Shea, and Zacchio voted in favor.
X. ADJOURN
The meeting was adjourned at 11:40 p.m.
Attest:
Caroline B. LaMonica
Clerk
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