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Town Council Minutes 06/04/2009
AVON TOWN COUNCIL
MEETING MINUTES
June 4, 2009

I.      CALL TO ORDER

The meeting was called to order at 7:31 p.m. at the Avon Town Hall, in the Selectmen's Chambers, by Chairman Carlson.  Members present: Mrs. Samul, Messrs. Pena, and Shea.  Mr. Zacchio absent.

II.     PUBLIC HEARING:  

08/09-78       7:30 p.m.,  Neighborhood Assistance Act

The Public Hearing was called to order at 7:30 p.m. by Chairman Carlson, and the Clerk read the legal notice as follows:
"LEGAL NOTICE
NOTICE OF PUBLIC HEARING

Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, June 4, 2009 at 7:30 p.m. in the Town Hall, Selectman’s Chamber, 60 West Main Street for the following purpose:
To consider participation in the Neighborhood Assistance Act
in accordance with Public Act 95-268.
Dated at Avon, Connecticut this 8th day of May, 2009
Philip K. Schenck, Jr., Town Manager"
        
The Town Manager reported that since the inception of this program approximately fifteen years ago, the Town has participated in the Neighborhood Assistance Act and allowed local non-profit organizations to submit proposals.  As a quick review, the State of Connecticut provides tax credits to businesses that provide services, equipment, and donations to private non-profit organizations within a community.  Those applications have to go through a public hearing process which we’re doing tonight.  Assuming you approve them, they are then sent into the State.  The State then puts all of them from around the State into a catalog online and businesses can then decide to donate to a specific business.  Usually they cap the amount of credits.  In the past it’s usually been five million dollars statewide.  Usually the number of proposals exceeds the number of the amount of the tax credits but the Town and the organizations that are applying in the packet that you have this evening have been successful in getting funds over the past several years generally.  Chairman Carlson asked that with the State’s budget woes this year is there anything in the revenue act that might curtail this.  The Town Manager responded not that he’s aware of at the present time.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the following requests:
  • Bristol Symphony Orchestra, dba Nutmeg Symphony Orchestra - $100,000.00
  • Gifts of Love - $25,000.00
  • First - $150,000.00
  • Police Dept. - Bi-Phasic Automatic External Defibrillators - $15,576.75
  • Police Dept. – Mobile data technology - $13,000.00
Mrs. Samul, Messrs: Carlson, Pena, and Shea voted in favor.

III.    MINUTES OF PRECEDING MEETINGS:  May 7, 2009

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept the May 7, 2009 meeting minutes as submitted
Mrs. Samul, Messrs: Carlson, Pena, and Shea voted in favor.
IV.      COMMUNICATION FROM AUDIENCE – Items not on this Agenda

Bob Hill, President of Hunter’s Run Condominium Association, is representing Hunter’s Run Condominium Association which has about 273 units off Nod Road.  “I also speak with the Farmington Woods Condominium Association which has about 1,200 units in Avon.  I have a statement in which I will read and I will also leave a copy of this with the Clerk.”  Bob Hill read his statement, ‘Credit by Towns for Public Works Services Provided by Condo Associations.’  “I have also to give to you a copy of our estimate.  It’s different from that provided to the Town Manager.”  He read the following letter which is included and made part of these minutes, ‘Hunters Run Tax District Summary dated December 12, 2008.’  “I would be happy to answer any questions that you might have.  I will make these two documents available for your consideration.”

Chairman Carlson thanked Bob Hill and responded that the Council will take it under consideration as we get into budget deliberations next year.  We have to look at what the overall tax impact would be for everybody as a result.

V.      COMMUNICATION FROM COUNCIL

VI.     OLD BUSINESS

05/06-42        Update on State DOT Project 04-98 Avon Mtn. Rd. (Rt. 44) Construction/Landscaping
                
The Director of Planning and Community Development reported on landscape improvements which are going to be taking place as part of an Avon Mountain reconstruction project.  He displayed a copy of actual landscape plans.  The State is investing a significant amount of money in landscaping and it will look a lot different than it does today.  A few plants along the truck ramp have died that will be replaced.  Planning & Zoning is now working with DOT, wrote a letter to them asking if there was any way that they would consider trying to face off the concrete façade of the southerly end of the wall that faces Route 44.  There’s actually a shelf that’s about twelve inches wide that exists there which could easily accommodate some kind of stone veneer on the wall.  Making good progress; it’s not something that DOT wants to do and have a lot of reasons why they think it’s a challenge.  Planning & Zoning may ask Council to send a letter at some point to DOT as well.  Traveling up the mountain, we have a center median that is not wide enough to support any landscaping so instead the State has sort of compromised by agreeing to stamp the pavement and color it to sort of look like bricks.  Chairman Carlson asked what happens when the State runs snowplows across that median.  He reported he would like it to look nice and like to have the paint out there but in two years it’s just beat to heck, then we just spent money and we’re right back to where we started.  The Director of Planning and Community Development responded that the State has had some experience with this in the past and he doesn’t know what kind of technology they use.  He reported he believes that it’s part of the asphalt to make it longer lasting and not applied to the actual surface and will get a better answer for the Council.  Mr. Pena inquired if this was the only option offered, stamping the concrete.  The Director of Planning and Community Development responded that they went through a lot of different options.  DOT was first asked to use brick with irregular pattern and surface and then concrete pavers.  DOT didn’t like any of those options as there are issues with different materials expanding and retracting at different rates.  The pavement stamping is something that DOT has used in the past on a regular basis.  Chairman Carlson inquired if there will be any type of rumble strip between the opposing lanes.  The concern is to stop someone from crossing over.  The Director of Planning and Community Development stated that as you start to climb the mountain, the opportunity exists for a wider median wherever there is landscaping shown on the drawing there is a post and cable guardrail down the center which will prevent crossovers.  Mr. Pena inquired where the stamped pavement has been used and what the condition is over a few years.  The Director of Planning and Community Development responded that he did not know the locations, but he could find out.  Mr. Shea commented that we could ask West Hartford regarding the pavers that they have on Farmington Avenue, although the topography would be different.  The Director of Planning and Community Development added that the earlier version of the plan seen had just asphalt and jersey barriers down the center of the road.  At eastern/western leg of Pine Tree Lane, the median gets quite a bit wider with very significant number of plants.  There is the same treatment at this location with two foot strip adjacent to landscape median that will also have stamped brick pattern on it to keep tires from entering the landscaping.  The Town had also asked the State about a raised median in this area, but they didn’t want to do that.  The State thought that at a higher rate of travel speed on the roadway, if a tire hits that it could be a big problem.  There is a two foot area which is a margin of safety for cars.  He further reported now that the State has agreed to do all of this landscaping, what kind of maintenance were they willing to do and the answer is that they aren’t willing to commit to anything.  The only maintenance that the State does is roadside mowing, outside of the Merritt State Parkway and Wilbur Cross Parkway which are two special runways designated by State law.  The Town has tried to choose a series of plants that have very, very low maintenance and have also selected a reddish color crushed stone with a thick enough fabric barrier underneath it to help reduce the weeds.  Mr. Pena guesses his idea of a maintenance plan now would be a replacement plan.  If we put in plants now, what time will they continue to replace?  The Director of Planning and Community Development believes the State does require the Contractor to guarantee the plants for one year, like the half dozen or so at the truck ramp, along with watering them, and keeping them in good shape.  Mr. Pena added that particularly along the wider area of Avon Mountain Road with high speed traffic and snow plows there’s no real median and quite a few might get destroyed.  Chairman Carlson thanked the Director of Planning and Community Development and the Town Manager for pushing for those improvements at the truck ramp because it’s been pretty unsightly, yet we had an agreement from day one by the State’s part that they would make it sightly and the State kind of waivered on that.  The Town Manager added that part of the State’s argument is if you just let us just put the jersey barriers down you don’t have to worry about maintenance.  Mr. Pena inquired if there had been any further discussion on what’s coming down at the intersection of Route 44 and Waterville Road.  The Town Manager responded that the Town just received a letter from Jim Norman and they’re not doing anything with it right now.  The residents of Rivermead have been very concerned and really keeping in touch with Beth Bye, our State Representative.  The Town Manager had written to the State on both the residents’ behalf and Beth Bye’s behalf to find out the status and Jim Norman’s response was that due to budget issues and everything else that they’ve just stopped doing anything with that project at the moment.

A member of the audience added that the medians down the middle were a disaster around West Hartford Center and these are going to be a disaster too in the long run.  He added maybe put a wall in the middle of the lanes if you want, but not something that’s just going to get run over.

08/09-48       Review and Discussion: Proposed St. Matthews/AT&T Cell Tower,
                Possible Alternate Location, Huckleberry Hill

The Director of Planning and Community Development reported sending a memo to the Town Council along with a colored map showing topography of Huckleberry Hill.  The property is about 280 acres, acquired by the Town in 1967 from the Unionville Water Company.  A location was identified as shown on the map, about 25 acres in size out of the 280 acres, which is a relatively flat portion of the property.  It also happens to be the high point that AT&T also identified as being the most desirable if they were to pursue that location for their cell tower.  Out of the 280 acres, about 25 are flat enough to accommodate not only the cell tower but the potential for a future school site.  In fact it is the same area that the Council looked at about 10 years ago when an analysis was done about that property and New Found Land to see if one or both might be suitable for a future school should the Town need it.  Certainly 25 acres is large enough to accommodate both a school and a tower and the tower of course would have to comply with all federal and state requirements relating to electromagnetic fields.  An important issue is public perception and concerns that the public has about the possibility of cell phone towers within close proximity to public schools.  Even though the science seems to be fairly certain with respect to very minimum dangers, there are people that think otherwise and still have those kinds of concerns.

Chairman Carlson commented on possible location of the school and possible location of the tower, how close is that when compared to the cell tower that they proposed and its proximity to Roaring Brook School?  The Board of Education is not comfortable having the cell tower on the Roaring Brook property because of its closeness, etc.  Therefore are we just moving the problem?  The Director of Planning and Community Development responded that we would need approximately 15 acres for an elementary school site.  Unfortunately, the high point is more or less in the center, a little bit to the south.  It might be possible to favor the actual school building somewhat to the north.  How many feet would it be from the tower to which the Director of Planning and Community Development responded probably not more than 500 feet.  Chairman Carlson responded that we’re right back where we started.  The Director of Planning and Community Development added that we did also think a little bit about the degree of ease or difficulty of routing school buses to this site and again that was the subject of some discussion the last time the Council reviewed this.  Neither site is really uphill and it might be the case that the New Found Land could be a little easier to get to even though it’s on the northwest corner of Town; the grade is a little bit flatter to get up there.  We could use Northington Drive, which eventually would connect through Huckleberry Hill.  If this was to be used as a school, the tower would certainly be in plain sight and would probably be a few hundred feet away from the building.

Chairman Carlson added that for the audience’s sake, we are not contemplating the immediate building of the school up there.  So we don’t want people walking around and saying that we’re planning on a school being up there in the very near future.  But it’s much like what was done with Pine Grove School when we acquired the property, we sat on the property for 20+ years before we had to build and we don’t want to lock ourselves in here with a tower and then have the Board of Education come back and say you can’t put a school there.  Mr. Pena agreed it would compromise future use of the land.

Mrs. Samul actually went in and looked at the New Found Land and the road pattern, etc. and the possibility of a school site there.  Mrs. Samul walked away with the impression that the New Found Land was actually more suitable for getting the tower to a school site than this one was because of the topography and the road.  If that’s a scenario, then Mrs. Samul would agree that this site would have to eliminate this from a school site but she personally felt that on the investigation that she did that the new found site was a better school site than this one.  Mrs. Samul feels this is better as a tower site than Lovely Street and I’m working at it from a process of elimination.

Mr. Shea reiterated his position that he stated at the last Town Council meeting, which it was appropriate to mention that there has absolutely been no discussion regarding a school on either site.  He has walked both sites.  Removing the discussion of a school being at either site, he feels as though it’s going to inhibit us.  It’s going to cause more trouble than it’s worth down the road and as he suggested at the last meeting and will suggest again, the item should be removed from the agenda, thank AT&T and the Siting Council for their interest and have us not waste anymore time or resources on it.

Mr. Pena stated forget about the school, it still could compromise any future use of the land.  Mr. Shea responded absolutely and what if we wanted to sell the land?  Chairman Carlson added that he’s not comfortable that AT&T or other carriers have fully explored all of their technology options that they might have along Lovely Street.  All they are doing is taking the current large structure that they wanted to put at the church and saying let’s put it over here instead when we know that there are other technological options for them that have been discussed.  They may have cost implications for them but frankly that’s not our issue.  This is a private enterprise and we have to protect the Town’s needs.  He would be in favor of removing this from further discussion at this point and going back to AT&T and saying that we’re not comfortable with this as an option.  The Town Manager added that it’s a practical decision, and he thinks even if the Town Council did agree with Huckleberry Hill, you have the potential option that there would still be a tower down at St. Matthew’s because there are two applications with AT&T.  Pocket Mobile can’t use the Huckleberry Hill site.  Mr. Shea added, in conclusion, that the Town Council’s job is to watch out for the best interest of the Town and AT&T’s job is to look out for the best interest of AT&T.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council remove this item from the agenda and the Town Manager to send letters to AT&T and the Connecticut Siting Council stating that AT&T’s business interest is not in the best interest of the Town of Avon.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.

A member of the audience added that it’s a mistake to encourage people’s use of cell phones when they’re driving because it’s illegal and dangerous.  He was almost hit at least two or three times in the last few weeks by teenagers driving and talking on their phones.  Please have your police enforce the law about teenagers driving and talking on the phone.  Chairman Carlson added it should be all people talking on cell phones.

A member of the audience asked if the Town is therefore legally not going to fight this issue anymore.  The Director of Planning and Community Development responded that the Connecticut Siting Council hearing is continued until July.  The Director of Planning and Community Development’s understanding is that the Town is going to be given, and we’re going to take advantage of, one additional opportunity to prepare a written summary of the Town’s position and it will highlight some of the earlier statements that we made and try to emphasize some additional areas of concern and feedback expressed by the Town Council and Planning and Zoning.  Chairman Carlson added that we have been clear that we are not comfortable with the design that they came up with for the St. Matthew’s property due to its size, proximity, neighbors.  He further added that the one consistency we have had stated is that we do believe there is a need for improved cell service in that area of Town from the aspect of emergency services, etc.  So that’s the one way thing we’ve said and what we said to AT&T through the Siting Council hearings is that if they came up with a different location and it was on suitable property that the Town owned we would be willing to entertain a lease agreement with them.  AT&T came back to us with the proposal that the Director of Planning and Community Development just showed us as the only proposal that they’re willing to entertain.  That’s not suitable to us.  It’s their best option, not our best option.  A resident, a member of the audience pushed possibly looking at the Avon Water Tower and that was never pursued properly by AT&T or anybody.  Chairman Carlson reported that we have a cell tower at the landfill and we have a lease agreement with Sprint.  We’re willing to do that because it’s a suitable site for us and for them.  AT&T is taking the path of least resistance and perhaps least cost for them which doesn’t necessarily make it the right path for us.

Mrs. McMann commented that she’s not hearing that the point brought out that the site at St. Matthew’s Lutheran Church is a half mile away from Roaring Brook School.  Even St. Matthew’s Lutheran Church site is not safe because it’s so close to the school.  Chairman Carlson responded that AT&T’s other approach was to actually have the tower on Roaring Brook property and the Board of Education, rightfully so, was opposed to that.  Having the tower at the church would give you service at Roaring Brook School.  Chairman Carlson asked if the member of the public’s question was being answered.  Member of the public responded no; her point now is from the emissions of the tower that was part of what was suggested when AT&T went to Roaring Brook School to put the cell tower in the back.  Again, the St. Matthew’s Lutheran Church site is a half mile away from Roaring Brook School and it is in the center of a residential zone.  Chairman Carlson responded that our objection on the location at St. Matthew’s is not because of the emissions as there are many that will argue that point.
                
08/09-58        Review and Discussion: Pine Grove Schoolhouse Painting

The Assistant Town Manager suggested this item be tabled until the July meeting.  This is the request that we discussed in April for $6,000 to do the lead abatement work that needs to happen so the school house can be repainted.  The Assistant Town Manager has spoken to Mr. Stokesbury about that; he’s comfortable waiting until July.  We would at that point ask the Town Council to entertain a supplemental appropriation from the fund balance for the next fiscal year.  Mr. Stokesbury will continue to seek quotes and get it in this painting season even though we’re waiting another month.

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council table item 08/09-58 Review and Discussion: Pine Grove Schoolhouse Painting to the July 6, 2009 meeting.
Mrs. Samul, Messrs: Carlson, Pena, and Shea voted in favor.

08/09-65        Acceptance of Easement, Ensign Bickford Property

The Town Manager asked the Town Council to table this item until the next meeting.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council table item 08/09-65 Acceptance of Easement, Ensign Bickford Property to the July 6, 2009 meeting.
Mrs. Samul, Messrs: Carlson, Pena, and Shea voted in favor.

VII.      NEW BUSINESS

08/09-79        Pine Grove Elementary School “Playing for Keeps” Playground Fundraiser

Susan Reboul, former PTO President reported as one of the chairpersons of the Playing for Keeps Fundraising Campaign which is presently raising money to replace the playground that is currently on the site of the Pine Grove Elementary School playground.  The PTO received approval from the Town Council and the Board of Education approximately in November to begin to fundraise and we have a twelve month campaign recognizing the economy as well as the disappointment that the Steap was not funded, we realize that we will need a year to fundraise for this project.  Being at the mid-way point, the committee felt it was only appropriate at this time to at least provide a quick update.  The mission is to be able to fundraise for a full replacement and provide a new playground that is accessible to all of our student body as well as something that the entire Town of Avon can use as well, similar to how Thompson Brook is presently used.  At present, the PTO had in reserve $70,000.  To date, based on a variety of events, the committee has raised $40,000 and since then has received an additional $5,000 in the sales of bricks and benches to bring the total up to approximately $115,000 that the committee can set aside today for the playground.  The Committee does have a large community wide yard sale, a few more fundraisers before the end of this year.  Over the summer and the fall, the Committee is going to begin their corporate solicitation.  That element has not yet begun.  The Committee felt it was important to reach out to our immediate families first, and then re-shift our focus to corporations.  Although Walmart generously donated $1,000.  What has been popular is the sale of benches or in exchange for a $1,000 donation you’ve received a bench that can be inscribed however it is you wish.  The Committee has been absolutely astounded by the appeal that they seem to have.  Again, the Committee did at least want to come and let the Council know that the Committee has approximately $115,000 raised.  Our goal is $350,000 and Susan Reboul believes when the PTO set that goal it’s the price of the playground but the PTO did anticipate Steap funds coming into play.  The PTO does feel that while the goal might be somewhat insurmountable, the Committee remains an enthusiastic group of five fundraisers and Gail.  That’s where the Committee is at today.  One of the questions that have repeatedly come up from our donors is once the funds are gifted, which the Committee anticipates raising through December and then the Committee will feel like they have tapped every last resource.  When the Committee gifts it to the Town, what is the timing on actually seeing a new playground?  The PTO gets asked this all the time and don’t know how to respond.

Chairman Carlson reported because there would be matching funds from the Town for this to work, it is for Board of Education to submit it in their capital budget process to the Town Council in November what they need.  It then will get weighed against all the other capital projects.  It’s somewhat up to the budget process and what survives through the budget process.  The Council will begin working in November 2009 on the budget that we’ll all vote on in May 2010.  Susan Reboul asked if it’s best to gift our full amount in November for their budget purposes or meet with the Board of Education and let them know where we’re at.  Chairman Carlson answered let them know where you’re at and you should probably do that sooner rather than later because they’ll start working on their capital budget in September or maybe before.

The Town Manager reported the PTO needs to keep the project in front of the Board of Education almost all the time even if you are just submitting written reports and then periodically come in with an oral report like you’re doing to the Town Council this evening so that you’re encouraging them when they get to that capital improvement program process.  They usually set up a budget subcommittee of the Board of Education to put their capital budget together.  They work with Gary Franzi and probably Dave Erwin, the new Superintendent, will obviously be involved and you need to get into that process early which will start in probably October.  You can go over and ask them whether they even have the schedule already set out and you need to get in there.  If they don’t transmit it over to us as a high priority it’s probably not going to get funded.  You need to get on the top of their list, or very close to the top, in the top one, two, three projects that they’re recommending for the whole school system to be funded under the capital project as the matching amount to whatever you have.  Chairman Carlson stated that the Council was glad the group came before us and it’s important for us to know where you are.  If nothing else it sets up a mental note for us that if the Board of Education were not to come in with something, we’d at least ask what happened to the project.  But at the end of the day, it is their prerogative to submit or not to submit based upon their priority list of projects.  Susan Reboul reported that they do get the question by donors that if I don’t see action can I request my money back.  She believes that the donation law, as investigated, does indicate that because it’s gifted under a certain purpose, if that purpose is not achieved a refund can be in order and that is not what we want to see, especially after all the time, energy, and effort, as well as the current state of the present playground which after the break was quite shocking and we know more and more it will be removed and we’re trying to buffer the idea of there’s no playground and no money for a new structure.  The Town Manager stated that you can be comfortable in the fact that once the check is written to the Town that it will be deposited and it will accrue interest and it will be segregated so that when the money is available to match what’s needed to do it or this project is scaled down to meet what you have and maybe a smaller match, but it will be taken care of.  There will be an accounting of it in the audit report and everything so if people need to have some type of documentation or want to follow up it will be there.  Susan Reboul stated that’s what they assumed and a big issue was the timing.  No one wants to see it in ten years.  “I’m giving the money today and for this purpose with the hopes of seeing it tomorrow or sometime in the near future.”  Mr. Shea stated it is so powerful to raise money for an existing project that is not a want, it’s a need.  He further stated what it does is it forces people that sit on the Boards and people that work for the Town to pay attention so don’t for a minute be deterred or be any less enthusiastic with those people that are donating or potentially donating and saying to them we have got the Town’s attention and we need to keep it and the way to keep it is to keep raising money.  It gives the project credibility and it builds momentum.  He also suggested that you’re going to need the most with the Board of Education and the second most with the Town Council but he would urge before the Fall to get in front of the Board of Finance.  It’s critical that they see that you’ve raised $115,000+ for a project that’s very needed and very worthy.  Again, he would also include with that, not the amounts, but the list or names of people who have donated.  When your group gets together with the Board of Finance, he would be receptive to bridge financing.  By that he means it might be our fiscal year starts July 1st.  It might be that you say to the Board of Finance that to expedite this you are receptive to funding being bridged over two years.  He stated stay on message with this because it’s powerful to have the money.  

The Town Manager stated that the financing thing is very important and it might be more pal able for the Board of Education to split it into two years.

08/09-80        Contract Award: Avon Middle School Roof Replacement, $2,504,000 

The Assistant Town Manager reported that Chuck Boos & Richard Kirby from Kaestle Boos are the architects for the project.  The project was put together and had the referendum in February.  We went through the State process to get approval for grant funds, put it out to bid, and we received four bids with a low bid being from Silktown Roofing for a total of $2,504,000.  That’s the base of it and two alternates.  It’s within budget.  They are committed to a schedule that gets the roof substantially complete before the school year starts again.  We have talked about details and what we like about the vendor.  They have worked with them before and very confident about their capability.  Chairman Carlson asked what the budget was on this project.  The Assistant Town Manager responded that it was $2,845,000 and we still have a small amount of remaining funds from the preliminary design budget and the repair budget from last summer should we need that.  It leaves us with about 6% contingency which we feel fairly comfortable with.  Going into, it is when we take the roof off, with the leaking that we had, is there going to be any damage that needs to be repaired and that’s probably where we’ll spend it.  The Town Manager added that we’ll be initially borrowing this money on a short-term note and the official statement, the final draft of it’s completed today and we’ll be sending that out to you.  It will probably be a lengthy document.  The note will run until October.  Mr. Shea questioned Chuck if he was surprised that there were only four bidders.  Chuck responded no.  It’s not the simplest project to do simply because we’re combining a re-roofing project with a major mechanical system replacement including controls.  There’s work on the interior of the building for the new drainage system.  You have to remember that the State has mandated a half-inch per foot which means that we had to install additional drains and insulation to make the whole thing work.  You needed a rather sizeable contract with a sizeable bonding capacity to be able to accomplish this work.  Chuck thought four bidders were a very good representation.  Mrs. Samul asked what are alternates one and two and what do they represent.  Mr. Kirby responded that alternate one is the cleaning of all of the interior ductwork in the building which is good policy when you’re doing a project like this.  You’re going to get new equipment on the roof that’s more powerful that will probably blow some dust into the classrooms when the start up begins.  So it’s best to get the ducts as clean as possible before that happens.  The other alternate is for controls.  We just did the roofing project, but we put additional controls within the building which will make the units on the roof that more efficient.  Mrs. Samul stated interior HVAC controls?  Chuck responded that they are energy management controls.  Mrs. Samul asked because of what’s going on at the high school, redoing this roof is that going to open us up to any further scrutiny from the State of Connecticut as far as what’s at that building and what needs to be modified?  Chuck responded that he didn’t believe so; it’s a very specific project as was the high school.  He responded that he has no means of answering how the State is going to react to any project.  But we’ve done roofing projects for many, many years and it has never triggered anything other than making sure that the project is complete, on time, and on budget and not impacting the school system.  Mr. Pena quoted the Assistant Town Manager’s memo, “allow some of the rooftop HVAC units to be integrated with the building…”  Mr. Pena stated right now they are on the roof and inquired if we’re going to leave some over the new roof.  Chuck responded that the units being replaced are of an age beyond their useful service life.  The concept of replacing the roof without replacing the units in a few years or on a piece meal basis you might be having units that require replacement and affecting the roof so that was the idea of replacing all at once and at this point and time we’re able to integrate them with their mounting curves, etc. right into the roof itself so it’s very clean.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the contract with Silktown Roofing, the apparent low bidder, in the amount of $2,504,000, for the Avon Middle School Roof Replacement, as presented.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.

08/09-81        AdHoc Pension Advisory Committee Recommendations
  • Approval of Master Pension Trust Agreement
  • .   Approval of Town of Avon Other Post Employment Benefits Trust
The Director of Finance reported that as a result of GASB issuing Statements 43 and 45.  Setup as a reserve fund initially and with the Connecticut State Statutes we are asking permission to set it up as a trust fund which allows us to invest a little more aggressively for this liability which we will now be reporting on our financial statements in a similar manner to our Defined Benefit Pension Trust.  Chairman Carlson inquired about the authorization to do the investments as you more aggressively are now; how is that happening and who has that responsibility?  The Director of Finance stated that the way it presently works and the way it will be working is Simsbury Bank & Trust is the Custodian and that was selected as part of an RFP process.  In this agreement, the Director of Finance will act as Trustee which is presently what I am doing as it is setup under the reserve.  Because there isn’t a lot of activity or movement in terms of expenditures or contributions in the fund, we pretty much move the money in at the beginning of the fiscal year and then with FIA’s assistance they do a review on a quarterly basis.  If there’s any balancing that needs to take place, a form is sent to the Director of Finance’s attention, signed off on, and faxed to Simsbury Bank & Trust and the announcement takes place.  Chairman Carlson responded that it’s really FIA that we’ve made for recommendations on how the money is invested.  Chris Kachmar, with FIA, responded that there is an asset allocation study that FIA does that responds to the actuarial demographics of the reserve pool and then FIA builds strategic targets and allocations that is bedded with the AdHoc Committee and typically rebounds back to those targets when need be so asset classes that overlaid would be trimmed and ones that are not would be added so there is a fairly long term view on the allocation and the index.  Chairman Carlson asked if FIA intends to use index funds.  Chris Kachmar stated to start, given the initial size it’s probably most cost effective for the Town.  Chairman Carlson asked if this was brought before the Pension Investment Committee and the response was yes.  The Director of Finance added that the AdHoc Pension Advisory Committee had a meeting on May 27 and this has all been presented to the committee and they  were unanimously in favor.

  • Extension of Fiduciary Investment Advisors, Investment Management
        Contract

The Director of Finance is requesting an extension to remain with FIA as our Pension Investment Advisor.  The Town has been with them since 2006.  Originally the Town went out with an RFP.  They were selected in 2003.  At that time they were associated with another organization, UBS.  Since that time they’ve gone off on their own, started their own organization, and so in effect we’ve been with FIA for about a three-year term period.  We are requesting an extension with FIA somewhat an open-ended agreement.  The structure stays the same, the rates stay the same, and there is no change to the fees.  Chairman Carlson asked if the Town investigated any other advisors at this point.  The Director of Finance responded that at this point the Town has not.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve Item 08/09-81a. Approval of Master Pension Trust Agreement, as presented; Item 08/09-81b. Approval of Town of Avon Other Post Employment Benefits Trust, as presented; and Item 08/09-81c. Extension of Fiduciary Investment Advisors, Investment Management Contract, as presented.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.

08/09-82        Contract Award: Property/Casualty & Workers Compensation Insurance,
                $299,819
                                                                         
The Director of Human Resources stated that interestingly enough one of the companies that was out there that we thought would give us some interest was Travelers.  After they came out and did an assessment and were impressed with the Town and the way that they’re run, when they saw what CIRMA’s pricing had been they just felt that they couldn’t be competitive.  Particularly because of workers compensation where we’ve been working over the last eight to ten years really internally with our safety committee and employees’ effort in keeping those costs down, as well as on an annual basis the Agent of Record negotiating with CIRMA where our rates are amongst the lowest for a municipality in the State of Connecticut.  Travelers, therefore, just didn’t give us a bid.  So the real dilemma for us came down to the various options that the Agent of Record had laid out and after discussion and recommendation we thought that it would be in the Town’s best interest to continue with the three-year rate lock which was one of the options as well as accepting a much higher deductible than what we have in the past.  Mr. Wardrop stated that this is a very, very comprehensive process.  It is one that the whole goal was to make sure that we were meeting the objectives that the Town set forth which was simply put, everyone have a comprehensive set of specifications developed based on the current coverage, based on what the needs were to manage risk, and then to make sure that we advertised in a fair and impartial way and that it also went to the primary carriers that write full independent coverage right here in Connecticut, and that’s both property/casualty including workers comp coverage which many carriers today shy away from because the levels of immunity that municipalities have is not that great in the State and number two, and by Statute, towns have to cover fire and police.  And volunteer firemen, they’re quite valuable but they also have some risky activities.  Most of the workers comp carriers shy away from that.  That is a distinct problem when it comes to generating a ton of competition.  The responses that came back, there was a letter from Travelers stating that based on the expiring pricing compared to the coverage they just simply couldn’t be anywhere close.  CIRMA, the Connecticut Interlocal Risk Management Agency, came back with a very aggressive but a comprehensive program with some different options and he has done some benchmarking in his own office, working with fifty plus municipalities here in Connecticut, so they’re able to get inside the numbers to see how Avon compares.  He can attest to the fact that your rates per exposure unit are far better than the average.  The program is very good.  Regarding the deductibles, there have been property claims and boiler and machinery claims both on the Town side as well as on the Board side.  When it came down to it, based on historical averages on a number of property claims and then the deductibles, we did an analysis together and that’s when the numbers started to point out that, when you look at your total costs including deductibles for average property claims and then you also weigh what’s the market going to do in the next few years.  Many people in the industry are saying that they expect, and can’t exactly when, but they do expect that the soft market will tend to start to change within the next twelve months, maybe twenty-four, thirty-six months, the rates will start to come up.  The claims continue, the rates have been depressed, they expect them to come up.  That’s why we feel that three-year rate lock will provide some protection and it will actually help your budget so that you don’t seem some overlays or outlays as you hit the one, two or three years.  Mr. Shea stated this is a very good presentation and it shows that there has been a lot of hard work by everyone involved.  He asked what the mod rate is.  Agent of Record responded that CIRMA does develop and experience modification rate however the way that they calculate the total premium, about $213,000 or so, they actually take a look at your overall payrolls but they price it based upon what the loss is, the claims amounts that you have.  The experienced mod is something that comes into the formula but there is some heavy credits and debits that can be applied in one way or the other in order to get the ultimate premium.  Mr. Shea asked again what the mod rate is and is it possible to share with us what our mod rate is in relationship to the other fifty municipalities you insure; in addition the property rates assuming all of the classifications are basically the same, could you share what the mod rate is with maybe the property rates; how our property rate compares with other people, other coverage rates, the actual cost per unit.  Agent of Record stated that was something we had talked about.  The tentative experienced mod rate is .83 effective July 1st.  Mr. Shea asked what is your expectation for it to be if you were to project out assuming no losses or the same losses.  What would it be for the next year, two, or three?  He stated not knowing if we’ll have a hard market or not, but you should have some ideas to whether or not next year’s mod rate is going to be better or worse based on what’s happened this year.  Agent of Record expects that based on the claims analysis done on the workers comp side that .83 could go down maybe one to three percent.  The claims experience has been improving over the last couple years even though there is about a one year delay with the three-year experience rate that you’re in so Agent of Record could see something like that.  Mr. Shea stated that the Agent of Record identified police and fire as most vulnerable areas and it’s clear that’s obvious.  What is the carrier prepared to do for the Town in respect to education, information, and seminars?  In other words, the volunteer firemen get together once a week, maybe easier or harder with the police, but how are they going to go about proactively trying to work on safety in the workplace, especially the volunteer firemen.  Obviously we’ve had claims where they’ve been running to their vehicle and injured a knee or other things have happened.  We’re actually on the hook when they go from their house to their car so how is the carrier prepared to interact with the Town as far as helping us get the mod rate down understanding that it is not the only factor used.  Agent of Record responded that the carrier itself, CIRMA, they have dedicated loss control specialists that come out on a periodic basis.  Mr. Shea asked how often they come out to Avon.  Agent of Record responded that they probably in the last twelve month period have been out here anywhere from three to five times.  Mr. Shea asked how many times they’ve met with the fire department or police department and when you say come out, do you mean meeting with the Director of Human Resources and the Assistant Town Manager or do you mean meeting with the various departments that are most vulnerable that you’ve identified.  Agent of Record responded that this would be a combination of attendance at Safety Committee meetings, meetings where there are self-assessment documents that are completed on every single department.  Mr. Shea stated that the fire department as a group getting together, how often do they meet with the fire department volunteers?  Agent of Record is not sure that they have actually met directly with the fire department within the last twelve to eighteen months.  Mr. Shea stated to the Director of Human Resources that this is a reasonable request to start once our agents have identified these two areas as our most vulnerable areas.  .83 is something that we need to drive down even though it’s not an indicator as far as the rate goes; it’s something that we can use as a benchmark or goal to try to get .70, for lack of a better term.  He felt that meeting with the fire department and police department is going to help us and what we should get from the Agent or deserve to receive is how we rank in their pool of fifty municipalities as far as not only on experience but on cost per unit.  The rates per class are probably easy to identify and he asked if the rates are the same for all other municipalities.  Agent of Record responded that they start with a manual rate and then you see the different discounts.  With the current carrier, they have prospective credits and there are a number of different techniques.  Mr. Shea added that rarely do we have agents who have fifty of the same customers in the same pool so it would be good without the Agent of Record betraying any confidence is to at least benchmark that and tell us so you can monitor the credits going forward.  He questioned how hard the market is going to get and leaves it to professionals and people that work to the Town to say that they think this in the best interest of the Town going forward so we can budget it.  His opinion is that we need to get more involved with our carrier.  Agent of Record commented that they’ve been talking about the benchmarking now; we’ve been able to come up with a program that is more sophisticated with benchmarking so that we can look at basically the schools, cost per teacher and cost per student.  Mr. Shea added that he’s looking more at the rates versus cost per, think it’s great that they do that, but respectively would suggest we’re more interested in the property rate and rate per classification.  He asked where you think we are in your fifty, you said top half, that’s not that great.  Agent of Record responded that if we were looking at property rates, we’re in the top one percent.  Mr. Shea asked about workers compensation rates.  Agent of Record responded that you’re in the top five to ten percent.  A lot of time has been spent directed on identifying causes for property claims and boiler and machinery claims.  The Town Manager advised the Council regarding the lightning strike at the police department which was a $62,000 hit a year ago last summer.  There have been a couple major roof claims.  Mr. Shea will strongly suggest that the carrier get involve with onsite, physical meetings with the people that work for the Town or volunteer for the Town.  The Agent of Record asked in terms of this data, is it best to communicate through the Director of Human Resources and the Assistant Town Manager and then to the Town Council?  The response was yes.  Mr. Shea stated that if you’re dealing with fifty municipalities, our goal should be to get the best rates out of all of those municipalities.  We’re doing great, but we need to do better because obviously with the cost of insurance we’re spending a lot of money here.  Agent of Record stated that one thing to keep in mind is that when you have a claim you may have direct costs like property deductibles; keep in mind now your people are affected, if there’s an injury and somebody is off, the indirect cost is a five to one ratio to direct cost, and very sensitive to that.  Mr. Shea concluded that he doesn’t see us raising deductibles every year or every three years so that’s going to tap out eventually.

On a motion made by Mr. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council award the contract for Property/Casualty & Workers Compensation Insurance, in the amount of $299,819, to CIRMA, as presented.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.

08/09-83        Review and Discussion: Library Temporary Parking Lot

The Assistant Town Manager reported there is a drawing that’s been developed by the Engineering Department, Library, Public Works, Planning and Zoning, and Police Department.  You had asked us to look at three different options.  We have come back to you and suggest that we implement two of them.  The first would be a temporary parking lot as you come into the driveway to the east and to the left are about thirty-four spaces and that we also implement a crosswalk from the church parking lot across Country Club Road with stripes to the sidewalk to the existing library driveway.  We decided not to go forward with the Sunnybrook Road parking lot recommendation.  There is opposition in the neighborhood to a parking lot over there; it’s not where we plan to have one long term with the preliminary design and we felt that the thirty-four spaces in the general area where the final parking lot will be would be the most effective place to go.  We plan for it generally to be used by staff and allowing for patrons to park closer to the library.  We intend to put it in place by using millings from the New road project we’re doing this summer and having Public Works come in, box out this area, excavate it, put those millings down, compact them, and provide a somewhat hard surface for parking.  It’s better than gravel and less expensive than pavement and we would then plan also to add a row of trees to the east, probably white pines, to make sure that we buffer the next door neighbors from headlights later in the day into the evening.  We believe that we can do all of this for about $3,500.  She did not ask the Town Council to approve it tonight; just wanted to run it by you to see if you were comfortable with it before the Library Director introduces it to the church on the June 15th and the Assistant Town Manager to Planning and Zoning on June 23rd and that we would come back to the July meeting when we’re discussing the library in total and ask for you to approve a supplemental appropriation at that time for those items.  The money will be spent on trees and asphalt, install the sidewalk by Town staff, and to stripe the crosswalk.  Chairman Carlson asked if it’s necessary to stripe the crosswalk with these thirty-four spaces.  The Assistant Town Manager responded yes as there will still be programs where parking at the church may be necessary and people might feel safer about parking there if it’s at nighttime and walking back and forth if they choose to do so.  Mr. Shea, a proponent about expediting this, asked what areas of concern the church has?  Not much is changing for the church.  The Assistant Town Manager responded just that the people have a safer way to get back and forth with signage.  Mr. Shea would think that the church would embrace these suggestions and the Assistant Town Manager agreed.  The Library Director stated that the church is very interested; they just want to see the plans.  The Nursery School kids come to the library frequently, so they would be able to use the walkway.  Mr. Shea thought we’d be a lot further along, being frustrated with a bureaucratic process.  He questioned why we can’t do this sooner rather than later with respect to more of a sense of urgency from a safety concept and why we can’t get the church to sign off on it this week.  The response was that the Church Council meets once a month and/or it’s a Board of Trustee matter.  Chairman Carlson suggested an alternative to vote approval, pending approval from Planning and Zoning and the church so you don’t have to wait until the July meeting.  The Assistant Town Manager will come back with the supplemental appropriation in July in the new budget year to pay for this.  The Assistant Town Manager stated that we need millings from New Road so that project needs to get done so that we can bring that material over.  We can move ahead on the crosswalk much more quickly but the actual parking lot will take a little longer.  Mr. Pena goes along the same line to see what we can expedite and asked the Library Director if she foresees any problem with the church of saying no or taking a little bit longer with the church.  The Library Director doesn’t anticipate any problems in speaking with the staff.  Mr. Pena suggested that the crosswalk not delay the parking lot and divide the project into two.  Mrs. Samul is surprised when looking at the map because there is a sidewalk going all the way down to Sunnybrook which roughly lines up with the driveway to the church and it seemed to make more sense to put a crosswalk at a four-way intersection than in between Sunnybrook and Burnham where you have people coming out and turning and may not see people crossing ahead of time.  It just seemed as though there was a potential for greater accidents.  Did they say anything about that?  The Assistant Town Manager responded that following the uniform traffic guidelines, The Traffic Authority felt this was the most appropriate place to put it.  Chairman Carlson agreed to do that because most of the parking for the church is over on that side anyway.  The Library Director added that everyone from the library parks behind the church and the proposed crosswalk would be the most direct.  Chairman Carlson stated you wouldn’t have to put a sidewalk in which might speed things up here and if you look at the grade coming out of those two driveways in the church the grade at the proposed crosswalk is much steeper than the grade on the other side.  For a person walking out the driveway of the church it’s much flatter there.  Chairman Carlson called the Police Chief forward and raised the question about the crosswalk as to whether it would make more sense to put it closer to Sunnybrook, which is where the other driveway is to the church.  The Police Chief responded that the thought about moving it that distance people probably wouldn’t use it.  They looked at where you’re most likely to cross which is right at the driveway exit from the church.  We don’t think people will walk down the driveway and take a right to go down to Sunnybrook and then cross.  The other issue is where they safely walk on the other side of the street as there is not a crosswalk so they would end up actually walking on the shoulder of the road.  Chairman Carlson clarified the location and stated that they cross over and then there’s a sidewalk right along there.  The Police Chief then stated that it’s one way into the church, so you park in the back, and then you come out the exit.  They’re going to take the quickest way to get to the library.

A member of the audience added that as someone who knows the law, that you’re supposed to come to a stop at a crosswalk when people are in it, he can tell you that’s one of the most broken laws in the State.  Just by putting that crosswalk in and thinking it’s going to be safer for people to cross from the library parking lot to the church or whatever it is across isn’t going to happen unless you put a big sign.  And it’s still not going to happen because people don’t really know that law by heart.  Chairman Carlson responded that all we can do is to try and make it safer; it’s a valid point as not many people stop for those crosswalks because there are a few others up Country Club Road.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council authorize the Town Manager’s office to move ahead with the Library Temporary Parking Lot Project, pending funding in the 2009-2010 budget, Planning and Zoning and Church Council approval.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.

08/09-84        Sign Tax Warrant (Rate Bill)
 
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council authorize the signing of the Tax Warrant/Rate Bill, as presented.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.

08/09-85        Resignation: North Central Regional Mental Health Board CAC18

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept with great regret the resignation of Maura Shea from the North Central Regional Mental Health Board.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.

08/09-86        Appointment: North Central Regional Mental Health Board CAC18 (12/31/09)

The Town Manager offered to ask the Director of Social Services for recommendations for appointment to the North Central Regional Mental Health Board.

On a motion made by Mr. Carlson, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council table item 08/09-86 Appointment: North Central Regional Mental Health Board to the July 6, 2009 meeting.
Mrs. Samul, Messrs: Carlson, Pena, and Shea voted in favor.

08/09-87        Supplemental Appropriation: Police and Youth Services Grant, $4,155.12

On a motion made Mr. Pena, seconded by Mrs. Samul, 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 $4,155.12 and increasing:
                                        APPROPRIATIONS
General Fund, Administrative Services, Printing (Crime Prevention), Account #01-2101-52181 in the amount of $4,155.12 for the purpose of funding Police and Youth Service programs.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.

08/09-88        Supplemental Appropriation: Fisher Meadows: ADA Complaince, $8,000

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council hereby recommends to the Board of Finance an appropriation not to exceed $8,000.00 from Fisher Meadow Maintenance Fund, Other Financing Sources, Undesignated Fund Balance, Account #12-0390-43913 and Transfer Out from Fisher Meadow Maintenance Fund, Other Financing Uses, Interfund Transfer-Out, Account #12-8700-58000 and Transfer In to Capital Projects Fund, Town CIP-Facil/Fisher Meadows Complex, Materials-Other, Account #02-4834-52239 and Capital Projects Fund, Other Financing Sources, Interfund Operating Transfers In, Account #02-0390-43918 in the amount of $8,000 for the purpose of paying for ADA compliance improvements at Fisher Meadows.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.

08/09-89        Supplemental Appropriation: Farmington River Trail, $11,912.47

Mr. Pena inquired about the check being in the amount of $12,199.31 and the appropriation for $11,912.47.  The Director of Finance responded that there was an accounts receivable from a prior year that we actually for an accounting entry recorded the ending expenditure in 2007-2008.  We have not received the revenue until 2008-2009 so to balance it; the revenue is already recorded in the prior year so we’ll be recording the net.

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
Capital and Nonrecurring Expenditures Fund, Intergovernmental, DEP/Farmington River Trail, Account #03-0330-43323 in the amount of $11,912.47 and increasing:
                                        APPROPRIATIONS
Capital and Nonrecurring Expenditures Fund, CNREF: Town, Farmington River Trail, Account #03-4930-53065 in the amount of $11,912.47 for the purpose of recording the reimbursement from the State DEP.
Mrs. Samul, Messrs: Carlson, Shea, and Pena voted in favor.


VIII.   TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A         Construction Update:  The Assistant Town Manager gave an updated on construction projects.

Misc. B.        Purchasing Update:  The Assistant Town Manager gave an update on purchasing activities.
 
Misc. C.        Quarterly Financial Reports:  The Director of Finance reported that for foreclosures as of today, we have eleven.  We had ten year-to-date.  Half of the foreclosures, bringing the number down to six, five of them relate to one particular taxpayer.  In terms of collections, we’re running pretty much in line, .0071% which brought the delinquents to about $100,000 behind last year’s collections.  List pends are running about eight to ten per month which is a little higher, but as the Town Manager has explained in the past, it could relate to other cases.  They will not all necessarily go against a real estate transaction and could be for a variety of reasons why those are on file.  In the other revenue areas, we still have three major areas of weaknesses: building permits, building and conveyance which have shown some improvement recently, and interest income.  Those continue to be our three areas of concern and don’t see those number changes significantly and those are the ones that we know that we will have to deal with and transfer in possibly some closed projects for a variety of sources in order to make those numbers work.  Mr. Shea added that all municipalities in the State of Connecticut are having trouble in the same three areas, not just the Town of Avon.  The Director of Finance stated that in comparison to other communities, other Finance Directors talked to, and other forums and blogs, Avon in reality is doing very well or we try to budget conservatively on the revenue side and it shows the year that we’re experiencing.  Chairman Carlson noted that we’re blessed in having lower interest income because at the same time, it means rates and we will be going to bond next October for a sizeable amount and it plays in our favor.  Chairman Carlson asked where we rank in the State in terms of collection percentage.  The Director of Finance stated that we were at three and now at four as of last year and number three if Torrington was removed from the equation.  The Town Manager reported when we come out of this, the revenues will be down and hopefully the actuals will exceed the budgeted amounts and you can put that back into the surplus.  The Director of Finance reported briefly on the expenditure sides.  The Board of Education numbers have improved slightly from where they anticipate coming out.  We’ll also be doing some end of year supplementals to their budget as we did not decide to go forward with approving that roughly $43,000 to be used for the boiler.  That is going to go and assist them in their operating budget for heating expenditures.  The Board of Education is still experiencing stress in their Special Education area and keeping an eye on it.  They also have implemented a lot of cost saving measures, doing transfers as well.  The Town also has done the same.  We have reserved about 1% of our general fund operating budget.  Departments are very much watching their spending habits.  With the size of the bills that we’re signing off on, it has decreased by about half so you can see pretty much it’s just the non-discretionary bills so the department heads are really paying attention which is good.  Mr. Shea asked, as we only have a few more weeks here, if the Board of Education are in constant communication with the Town Manager and Director of Finance on their issue.  The Town Manager wouldn’t say constant but they have been updating us, maybe monthly.  The Director of Finance to follow up with the Board of Education Finance Director.  The Town Manager stated that we could ask for an update to get a better idea on the issue.  The Director of Finance reported she gets the impression that the Board of Education is concentrating on their adjustments for their 2009-2010 Budget and that’s where a lot of their discussion is taking place and they also have to weigh the importance of how we finish up the year and will pursue it with the BOE Finance Director.  Mrs. Samul stated that she was at the last Board of Education meeting and there was some discussion and questions about what happens if there are a couple dollars left over.  They didn’t seem to fully explain that and seemed fuzzy, especially if there was some money leftover as to whether or not they could use those dollars on June 30 to order supplies that would be delivered on July 5th and pay for them out of the current operating budget.  Mrs. Samul was kind of surprised as this isn’t new to them.  Maybe some close contact would be advisable.  The Director of Finance asked if this was from the administrative staff or the Board itself.  Mrs. Samul responded that the Board was asking the questions of the administrative staff.  Chairman Carlson added that there is clarity on Town purchasing policy around that issue.  The Director of Finance stated she will be meeting with the Assistant Town Manager and Director of Public Works to recap projects and any that have been completed and balances that can be returned the general fund.  A lot of end-of-year activity that we spend the next couple of months at is to ensure that things are moving along properly.  Mr. Pena inquired about a statement in the financial report that Accounting will continue to return invoices to the originating department when there are insufficient funds.  Mr. Pena asked if the department managers know if they have money.  The Director of Finance responded that for a larger department, like Public Works or Police Department, if they’ve processed a bill and it hasn’t been recorded and posted yet where they can’t look it up on the system they may process another bill forgetting that there was something they allocated there or it could be a benefit cost.  Mr. Pena asked if we monitor business closures.  The Town Manager responded

Misc. D.        Public Outreach/Citizen Involvement Opportunities:  The Assistant Town Manager reported on these item.

Misc. E.        Paramedic Service: The Assistant Town Manager reported on this item.

Misc. F.        St. Ann’s Food Pantry: The Town Manager reported on this item.

Misc. G.        Implentation of National League of Cities/Town of Avon Drug Program: The Town Manager reported on this item.

IX.     EXECUTIVE SESSION: Litigation/Negotiation:

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 10:05 p.m. to discuss property negotiation and personnel issues.
Mrs. Samul, Messrs Carlson, Pena, and Shea voted in favor.
The Town Manager, the Assistant Town Manager, the Clerk, the Director of Human Resources and Chief Rinaldo attended the session.

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 11:10 p.m.
Mrs. Samul, Messrs Carlson, Pena, Shea, and Zacchio voted in favor.

X.      ADJOURN

The meeting was adjourned at 11:10 p.m.

Attest:  


Caroline B. LaMonica
Clerk