AVON TOWN COUNCIL
MEETING MINUTES
July 6, 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 Chamber, by Chairman Carlson. Members present: Mrs. Samul, Messrs. Pena, Shea, and Zacchio.
II. PUBLIC HEARING – None.
III. MINUTES OF PRECEDING MEETINGS: June 4, 2009
June 15, 2009 Special Meeting
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept the June 4, 2009 meeting minutes as submitted.
Mrs. Samul, Messrs: Carlson, Pena, and Shea voted in favor. Mr. Zacchio abstained (absent from meeting).
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept the June 15, 2009 special meeting minutes as submitted. Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
IV. COMMUNICATION FROM AUDIENCE – Items not on this Agenda
Catherine Indomenico of 24 Westridge sent a letter to Chairman Carlson requesting a 3-way stop at 24 Westridge that intersects with Fox Den. It’s a blind curve. Ms. Indomenico spoke with the Chief of Police and he declined the need to have that stop sign implemented. A couple of concerns are that the neighborhood is well-established and it’s turning over with many children in that intersection and would appreciate a consideration of that. If there’s a speed bump that could be implemented, something to slow folks down. There is a “No Thru Traffic” sign which is obviously not working; perhaps more police activity needs to happen. Ms. Indomenico is trying to look for resolution so she plans to leave it in the Town Council’s hands. Chairman Carlson
appreciates her concerns and this is a concern throughout the whole community. The Council’s process is to look toward the Police Chief who acts as the responsible individual for these matters. We will refer to the Police Chief to have discussion with him about it. He further reported Ms. Indomenico has proposed some alternate solutions such as increased police activity which that might be something we can get the Police Chief to look at in light of the stop sign option that has been proposed. Mr. Pena asked if there were particular times that more traffic occurs. Ms. Indomenico responded with the morning commute, more importantly the evening commute and Saturdays and Sundays. Mr. Pena reported he has been through that area a couple of times and understands what she’s talking about. Chairman Carlson thanked Ms. Indomenico for bringing it to the Council’s attention and they will pass it along to the Chief.
Chairman Carlson introduced Representative Tim LeGeyt who will speak to the Council and audience on items before the State. Mr. LeGeyt reported that there are a lot of questions about whether anything is actually happening on the legislature these days. He brought a compilation of the major public acts that they’ve actually put forward and distributed copies to the Council. It’s probably thinner than it would be in other years but none the less there are some things that we’ve done there. He spoke on the sewer bill that was before the legislature; worked on with Beth Bye and Mr. Schenck, Town Manager, and enables the Town to finance sewer expansions without having to go after bonding. He has been working with Ann Dearstyne, Town Clerk, about trying to find some money to
increase the size of the Town Clerk’s vault which is undersized for the population of Avon. There may be some money if some of the increase can be characterized as an energy upgrade but he’s spoken to Mary Anne O’Neill of the Governor’s office and we’ll continue to talk to her so she can keep her ears open for any possible dollars. Chairman Carlson added that one of the reasons the vault needs to be expanded is because of State Statutes which require us to keep documents onsite. Is there any work being done in the legislature or being looked at which would allow us to microfiche some of those documents and make those available in more modern technology than the current format which would free up room. Representative LeGeyt asked and then by doing so that they would not be housed here. Chairman Carlson responded that they can be housed on server anywhere. Representative LeGeyt stated that he doesn’t serve on the
Committee that would come through and haven’t seen anything to come to the floor. Chairman Carlson stated that it strikes him that we’re treating the symptom rather than the cause of modern technology. Representative LeGeyt commented that the trend is going that way today as the Assessors’ information is online.
He reported the Hydro Bill would upgrade and bring the two power houses that are on the Farmington River, one in Canton and one at the Avon/Burlington line, online. That bill is struggling with a setback on the last day of session. We’re hoping to continue to move it along and allow it to become law and then DEP will be charged to get involved and start to allow the Town of Canton to do the things it needs to do as well as Avon and Burlington to begin to work through the project to get those two power houses up to speed. There is also a bill sitting down in Washington waiting for Congressional action through FERC (Federal Energy Regulatory Commission) to give a license to Canton, Avon, and Burlington.
He reported he was at a meeting in Hartford on June 24th with Ms. Robinson, Assistant Town Manager, Jamie DiPace, Fire Chief, and Chief of Police Mark Rinaldo about the paramedics. It was a well attended meeting and we shared some information that I’m sure they’ll be sharing later in the meeting.
With regards to the budget, talks have stalled. There was a budget put through; the Democratic proposal on the June 19th and it passed but not with enough votes to override the Governor’s veto of the bill. Rather than to try to bring it back and try to override, the leadership has gone into discussions with her and they’ve broken down; we’re in a lull right now and it may be that way for the next couple of weeks. At this point, no one is talking about making any cuts in town aid to roads, educational cost sharing, and take out the rainy day fund that’s going to be part of this budget and you take out the stimulus money from the fed, there’s some securitization that’s going to be part of it. There’s still a significant gap with spending and
revenue and I am sure you are well aware of it. Chairman Carlson asked about securitization meaning extra debt? Representative LeGeyt responded yes, it’s an interesting form of borrowing. There’s a lot on the plate and everyone is hoping that something can happen this month.
The Town Manager stated that the issues from the town’s perspective are cash flow issues. Our major grant source is the ECS Grant which is comparatively, to other communities, a small portion of our total budget. He’s not anticipating any major impact in the delay of the budget. If it goes on for too long we will have an impact. In the last major budget crisis that the state had in the Lowell/Weicker years about 15-18 years ago, the State changed a lot of their payment schedules to have them later in the fiscal year so that we would not receive the money until January to the June timeframe. In terms of our own cash flow we have adequate reserves to take care of any shortfall in payments, but most of those payments are going to be coming due not until later in our fiscal year and
they’re relatively small to our total budget. Other communities where ECS, in particular, is a major source of money may have to resort to short-term borrowing if they don’t have sufficient funds to carry themselves, but he doesn’t see a problem for Avon. Representative LeGeyt brought up, the bill that Avon was primarily interested in, in addition to the budget, was the ability for families and homeowners that are being impacted by sewer assessments to have those paid on an installment basis rather than a lump sum basis. It is his understanding that was passed by both the House and Senate and has been referred to the Governor for signing. He’s anticipating that it will be signed relatively shortly. Representative LeGeyt responded that it passed the House in April and Senate in May and he would expect that it has already happened. The Town Manager added that administratively the big issue is still the budget and where it’s going to go. If we get significant reductions in town
aid road and some of these other programs then we’re going to have to retrench and delay projects that we’ve included in the budget and make appropriate adjustments to live within our means. There are a lot of bills that were put in that would have increased the number of mandates on municipalities. The legislature generally did a pretty good job on the municipal and education sides of voting them down or delaying them and sending them back for further study and was reasonably pleased with that part of it.
The Assistant Town Manager added that there is very definitely a couple of energy efficiency components to the Town Clerk’s vault project so if there’s an opportunity for that she would like to know who to work with to make that happen. Representative LeGeyt is to follow-up with her.
Virginia Vocelli, Library Director asked Representative LeGeyt when the meeting date is for the State Bonding Commission as the Library has an expressed interest. He responded that the Bonding Commission certainly won’t meet until the budget impact is resolved and however long it takes after that before they meet is unknown. He did not have any information on regional services for libraries. Chairman Carlson thanked Representative LeGeyt for coming out to the meeting.
V. COMMUNICATION FROM COUNCIL
Mr. Shea reported that he had a resignation from a member of the Board of Education and he is also prepared to nominate someone to fill the vacancy.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council add to the agenda #09/10-12 – the resignation of Angela Shelton from the Board of Education and agenda #09/10-13 – the acceptance of the resignation of Angela Shelton.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
09/10-12 Letter of Resignation
The Town Council acknowledged receipt of the resignation from Angela Shelton from the Board of Education effective immediately.
09/10-13 Acceptance of Resignation
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council accept with regret the resignation of Angela Shelton from the Board of Education.
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 add to the agenda #09/10-14 – recommendation for the appointment to the Board of Education and agenda #09/10-15 – the appointment to fill a vacancy.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio, voted in favor.
09/10-14 Recommendation to fill Board of Education vacancy
Mr. Shea recommended Ben Colman as the person to fill the vacancy on the Board of Education. He reported Mr. Colman lives on Tamara Circle with his wife Melanie, has three children and is an executive at Women’s Health. He further reported that the Town of Avon is very lucky to have him serve and was fortunate to have Angela Shelton serve in the time and manner in which she did.
09/10-15 Appointment to the Board of Education to fill a vacancy
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council appoint Benjamin Colman to the Board of Education for a term to expire December 31, 2009.
Mrs. Samul, Messrs: Carlson, Shea, Pena, and Zacchio, voted in favor.
VI. OLD BUSINESS
07/08-08 Review and Discussion: Avon Free Public Library Renovations
Additions Building Committee
The Assistant Town Manager stated that Dennis Dix will be discussing the debt models and Diane Hornaday and the Building Committee will talk to various points in the report. The report has been updated from November 2008 with the latest information about the project, where it stands, and what the Committee has been doing. Mr. Dix will give an overview of the projects that are planned near-term and on the horizon to give a better understanding of what moving this project forward means to the overall schedule.
Mr. Dix reported on changes from the last time these numbers were reviewed by the Council. The Middle School project is now included in the October 2009 bond issue so that includes the High School, the Middle School Roof, and Town Hall. The reason that we haven’t scheduled it out for two or three years beyond is because it’s going to be practically done. Interest rates are historically low as you know having caught a half percent on the last note sale. It seemed to make sense to take an almost finished project, bond it, and the impact is nominal at best. The interest scale has been updated which means it has been lowered to reflect the current lower rates. It’s not an exact interpretation of what you would get today because taken under consideration are bonds being
issued two to five years out so there’s a little protection. The actual BAN interest has been submitted for the Middle School Roof, the actual coupon rate of 1% which is what the Town will pay now. It actually reduces the 2010 debt service by approximately $40,000. Fluctuations in debt service have pretty much been eliminated so it’s either flat or going down even with the addition of the $25 million bond issue after 2010. There’s a very comfortable decline in your obligations. There was a $200,000 pay down schedule for Fisher Meadows, and Fire Station which has been reduced to $100,000 and doesn’t come in until much further out. The amortization on the Library has been reworked as part of a 2012 combined bond issue to smooth debt service. The Council’s action tonight will affect when this happens. The Library itself is an $8 million issue, a stand alone and can be done at any time. It would be a
good bond issue and well received in the market. It seemed to make sense to put the Library, Vault, and Secret Lake Roads together. The numbers are good, the market is with you, and will be looking at $350,000 for the bond issue in October. Chairman Carlson asked if the $40,000 savings was in the 09/10 fiscal year. Mr. Dix responded yes. Chairman Carlson inquired about Debt Service Chart 3 and what the chart would look like without the Vault and Secret Lake Roads. The principal amount for the Vault is $100,000 for 8 years and for Secret Lake Roads is $100,000 for the first few years, then $150,000. Chairman Carlson commented that it doesn’t have a material difference. The Town Clerk Vault is 100 hundredths of a mill. The Town Manager stated that Debt Service Chart 2 has existing, high school, middle school roof debt service, so it’s somewhere between Chart 2 and 3. Chairman Carlson stated that over what we
showed to the townspeople at our March/April/May meetings for this year's budget in terms of debt service, these charts are more favorable showing steeper rate of decline than what was previously projected. The Town Manager reported part of this is that we have asked Mr. Dix to push some of these projects further out because of scheduling issues and both the interest rates and in some cases we’ve had new information in terms of the costing of these so all of that has made it a more desirable program. If you look at the totals for “All Debt Combined,” you can see how they drop. By deferring the Library for close to a year and because rates are down and other projects have been pushed further out, we now have a declining debt service package and still supporting all of these projects that have been in our 5-year Capital Improvement Program. There’s always potential for some change that might come along but to the best of our knowledge
this includes the projects that were in the queue to come forward. Chairman Carlson stated that the forecast he’s read is that interest rates are going up starting around 2010. Mr. Dix reported in terms of general economic activity rates will be starting to go up. Mr. Shea added that investment income will also go up, and as a trend they’ll track each other. Chairman Carlson stated that our tradition has been to use bond anticipation notes like we did in October 2008 for the high school project. Once the project gets buttoned up with costs, State reimbursements, etc. we then go out for permanent bonding. Mr. Dix stated that the term for permanent bonding depends on the project. Chairman Carlson stated that with the middle school roof, you’re going out for permanent bonding before the project is totally completed. The Assistant Town Manager stated that she and Mr. Dix talked about that because she was fairly confident
that she would not have final numbers by the October issue. As long as we don’t anticipate going over budget it won’t be an issue. We can bond the full amount and pay those bills afterwards. Mr. Shea inquired if it would just be the change orders. The Assistant Town Manager responded yes and we want to take advantage of the market. The Assistant Town Manager pointed out that in this schedule we did include the Town Clerk’s Vault for the BAN issue next June along with the library. It would need the Council’s approval that you want to try and move that project forward again sooner rather than later. Mr. Shea added that it’s a favorable ground; much better than it was 6 months ago when we started; lot of projects and debt service. Mr. Dix stated that he’s also hoping the bonds issue will be better than what he’s illustrated.
Diane Hornaday, Chairman of the Library Building Committee, reported that all Committee members are in attendance for tonight’s meeting with the exception of Scott Boos; in addition the Architect and the President of the Library Board of Trustees are present. Ms. Hornaday wanted to highlight that since this item was tabled in November the Committee has not been idle. The Committee has gone out and made presentations to many local community organizations. The response has been very positive; people are interested in this project and what the Committee is proposing and have been very favorable to what the architect has proposed. The Committee would like to go forward and recommend that they go forward with the referendum for the full amount of $9.5 million. This is the great climate so
that they want to be prepared. The Committee is aware that without going forward with the bonding commission we’re not ready. If we’ve gone forward to referendum and the Town has approved, then as soon as the bonding commission approves, we’re ready to move and would not have to have a delay of time of setting a referendum after that occurs; and take advantage of what’s happening in the construction field and their interest and desire to bid on the package and get as good a dollar figure as would be available. The Committee would like to go forward with the drawings and put them in the second best position. If they don’t have the referendum money, then they have to go to referendum to have those drawings approved and move forward and that timeframe is usually two months. The Committee wants the Town to be in the best position to take advantage when the bonding commission meets and approves the library and not having any
delays after that.
Chairman Carlson stated that it’s a $9.5 million project with $8 million forecasted to be bonded and that’s what Dennis Dix has used in his chart as well. Ms. Hornaday thinks that Dennis Dix’s projections would help the Committee sell the referendum to the community. The Committee is anticipating receiving the $1 million and fundraising will occur; however, the Committee has to go for the full amount at referendum in the event anything doesn’t come to fruition; not to exceed $9.5 million. The Committee would anticipate that by the time the project is ready to go, they would know what monies they will have and the Town wouldn’t start to bond until we are ready with construction. Chairman Carlson stated that depends upon what else is going on, for BANs for this project
in June 2010, would it be for the full or spaced out into different BANs? Dennis Dix responded that it would depend on what the demands are for cash flow. Chairman Carlson stated that the bond would be no more than the $8 million next June and it could be less than that depending upon construction progress. Ms. Hornaday responded with no more than $9.5 million; if we go to referendum for $9.5 million that is the maximum dollars but we would certainly tell the residents that we’ve been approved for the $1 million bond but the bond commission hasn’t authorized release of the funds and we expect to receive that. Mr. Zacchio stated that the referendum will be for $9.5 million, most likely lessened by the $1 million from the State and any kind of fundraising profit. Mr. Shea asked regarding the fundraising that the Committee has raised some money and given some money in donations, what is that amount? Ms. Hornaday responded that the amount
formally allocated to the expansion fund is about $10,000 at this point with a second donation from this particular estate for approximately $10,000. The Library Board also has assets that have been built up over many years from gifts and the Committee would expect to make a donation from those assets to the fundraising effort. Ms. Hornaday stated that Mary Sudor, President of the Library Board of Trustees, mentioned in the past that the Library Board committed a larger sum. When the previous library renovation was done, the library had already received a major bequest and they had that money in hand. They can’t make a commitment to a specific dollar amount until they start fundraising and professional fundraisers don’t recommend starting that until you have a definite plan to show people. The Committee can’t really commit to a specific amount, but the Library Board of Trustees is hopeful that the community will support this as they
do other projects around Town and that they will generate far more than that sum of money. Mr. Shea stated that the entire Board of Finance and Town Council support the project totally. His concern has always been the debt service level and lack of upfront funding. He disagrees with your professional fundraiser and thinks that some of the fundraising should have been done upfront but what this backs up into is hoping that the market is right and that we get a good price. His concern is if we have to spend more than the $8 million that we’ve put into our graphs here. In the past, we’ve capped at a certain amount. It’s a delicate subject when everyone on all the elected Boards is supportive and feels as though it should be brought up again and again so that when and if it happens it’s clear that the Town’s commitment is $8 million. Dennis Dix added that in terms of the referendum you would appropriate $9.5
million but you can build into that resolution an authorization for only $8 million of debt and that’s where the Town would be legally locked. Mr. Shea stated that we’ve known for the past year the opportunity to get the $1 million and raise $500,000 through fundraising. He added that Ms. Hornaday is correct; it’s $9.5 million and that’s what we’re going to go for, but our planning is really at $8 million. It has to be discussed again and again and let’s hope that we come in under that. Ms. Hornaday stated that the Committee wouldn’t move forward after the design until it had received approval from the bonding commission and knew that we were receiving that $1 million; no further action would take place and the Committee would be on hold in terms of starting any kind of construction and making any arrangements with contractors. Mr. Shea stated that the Committee would do some value engineering to the plan.
The Architect, Peter Wells, stated that valued engineering has already been done but can’t get into any more detail until we have detailed drawings. Mr. Shea reiterated that if the project goes over $8 million something has to change. Chairman Carlson added that when the Library Board was in front of the Council in November 2008, we are telling the townspeople that we’re increasing the debt service by $8 million and if the bond commission for some reason said that the $1 million has disappeared then our only alternative is to find a way to do this project for $8 million. Chairman Carlson stated that in wording the referendum would be a $9.5 million with no more than $8 million of it to be bonded or whatever the exact dollar amount or thereabouts because that is truly what we have built into all of our projections to the townspeople over the last few years on this project. If that $1.5 million disappears, the drawings and estimates come in
at $10 million then we have to find a way to do the project for $8 million or find $2 million somewhere else. The wording would be such that the townspeople authorize us to spend $9.5 million of which no more than $8 million would be bonded. The source of the other $1.5 million would be either from the bonding commission and privately raised funds through the Library Board or other such sources that are appropriate. Mr. Wells added that there have been other projects where they have had to trim substantial dollar amounts off so it can be done. Mr. Pena asked if the Committee is comfortable that they would be talking about $8 million and work with that frame. Ms. Hornaday responded that she would be as she’s confident that they are going to get the $1 million grant and there’s a commitment on the part of the Trustees and other people in Town to make donation. There are other fundraising ideas and if the Committee doesn’t generate
that full amount some of the things are the desirables that have to be waited for. Mr. Pena’s concern is disappointment if the other money is not there for any reason. Ms. Hornaday stated that what people will receive is something really lovely and what they think they want for a town like ours; something our residents will use and be proud of and to be able to enjoy the facilities we have with Arts Programs, concerts, etc. After people see it, there could be further generation of donations with names on plaques, etc.
Chairman Carlson asked the Assistant Town Manager about timeframe in terms of process. Assistant Town Manager referred to a schedule in the Council’s packet with the following scenarios: prior to Fall/general elections, after but between Thanksgiving and Hanukah/Christmas, and one very similar to the schedule under which we had took up the middle school roof and vault in February of 2009. The Committee was very much interested in what they could do as soon as possible which drove the October schedule. It will be a bit of work for us internally to meet the first deadline but we can do it. All dates check out with the Town Clerk’s office and work too. It does require a special meeting of the Board of Finance in order to tighten up the dates to meet on one of the Council’s
meeting nights. Mr. Zacchio asked if there was any significant difference in timing that throws off the Boards or State between December 2009 and February 2010. Assistant Town Manager responded that this project is a little bit further along because we have the bonding commission approval for the $1 million grant and obtained the 8-24 zoning approval last year so we’re in better shape. We just need to get the pre-referendum mailer out and both of the resolutions which are the biggest hurdles to get over. Since we won’t borrow the money until June 2010 that doesn’t factor into any of these schedules; it will be funded out of cash until we issue the short-term debt. Chairman Carlson stated that we will have to bill into the 2010/2011 half the year’s interest payments on the BAN. Mr. Shea favored the October 22, 2009 date if it can be done. Assistant Town Manager’s only hesitation is that the referendum mailer
would need to go out in August; people may still be on vacation with not a lot of notice. The Council suggested that families will be back from vacation and getting ready for back-to-school. Mrs. Samul asked about the expense of special referendum. Assistant Town Manager responded with approximately $5,000. Town Manager stated that he doesn’t like to lose sight of these things as you move forward because we’re dealing with the present. He pointed out the potential significant operational cost increases for 2012/2013 and 2013/2014 and wants to make sure that when those budgets come around that there is an acceptance or understanding at this point that there are going to be some significant increases in the Town’s operating budget. We asked the Board of Education to give us those increases when we moved ahead with the high school project and he wants to make sure that these are in everyone’s mind. Chairman Carlson
added that we should include these numbers as part of any public presentation or mailing to notify the community of the total cost of the package. Chairman Carlson recalls a discussion with the library staff and trustees regarding potential opportunities to scale back some of these staffing costs if need be. The Assistant Town Manager reported that they were scaled back in the November 2008 update that the Council received and this is the same model of staff and non-personnel costs just factored forward into these budget years. This is a fairly aggressive schedule and everything would have to go right in order to open in January 2012. If anything we might push back a month or two. Mr. Shea stated that a lot of things could happen; the projected operating cost is really the information that the voter needs. Mr. Zacchio asked how the utilities are projected; have we talked to the energy commission, any green alternatives in the construction that
might reduce the cost. Assistant Town Manager responded that there will be green alternatives that the building will have to be qualified for a lead silver certification under today’s laws so we will be factoring in various green requirements in order to meet that and get a building permit. We’ve taken our costs now and projected them out with a factor that we don’t know exactly what the impact will be of those at this point. Has our Avon Energy Commission had a crack at this and thought about opportunities? No, so there might some opportunity for savings, with for example special roof installation, that might reduce some of those utilities? Assistant Town Manager doesn’t know that given the roof scheme that is viable. Since we’re just in the preliminary schematic, we can work with the Energy Commission once we have a final design. Mrs. Samul opposes the October 22, 2009 referendum date due to the current
economic uncertainty that it doesn’t appear to be physically prudent to move forward with a major portion even though bond rates are great right now and we would be able to borrow money at very favorable rates, that’s the plus side. She is just reticent to spend money; however, this does have a major lifestyle affect for the town residents and if they want it then she’s in favor of it but she thinks we should do it when the most number of people will be out to vote. We’re pinching pennies and thinks $5,000 is a lot of money to spend when we’re already going to have a major election in November and more people coming out at that time, a better representation of how the town residents feel. If we go forward with it, she would like to have it in November 2009. Mr. Shea responded that Mrs. Samul raises some good points but his only concern is that with these elections being so political now that he would just like the library not to
be part of the political aspect of it; more in favor of a stand alone discussion where the sole focus is the library. Mrs. Samul sees the library as being a-political, every generation and every party membership uses it and would like for as many people in town have the opportunity to vote on it rather than just special interest that would come out for a particular project.
The elections this year are on November 3, 2009. Mr. Zacchio is supportive of the October 2009 date although Mrs. Samul raises a good point of getting people out. Generally we’ve been pulling 32-33% of the people out even during general elections and he likes the idea of this project stand on its own because of its importance and being able to pull out a large number of people to vote on it. He thinks that we have favorable bond and construction markets and if things change in the marketplace between now and then, the people of Avon are going to want an opportunity to weigh in on that if our market turns south which he doesn’t think it will and we will continue to see an uptake on the market and with it will be an uptake on the interest rates. When we’re ready to do this, we will
have lost some of that favorable bond market that we’re going to be able to enjoy doing this and supports it. Assistant Town Manager did speak with the Registrar of Voters about having it on Election Day and it does present some issues because not everyone can vote in the election. The Council Clerk stated that it can be taken care of by a separate machine for those people. People think that when they go out to vote for referendum they’re going to one place when they’re having an election there are other places. Is there a comprised position on this? Chairman Carlson has questioned the 6 a.m. to 8 p.m. hours for the small referendum and wonder whether there are dollar savings to be had if you cut the referendum hours down to noon to 8 p.m.? The Council Clerk responded that the savings would be almost 40%. The State Statute says noon to 8 p.m. The Town of Avon has always extended by a vote of the Town Council.
Mrs. Samul asked if that wouldn’t be further restricting the number of people actually able to vote. Mr. Pena likes the October date, agrees with Mrs. Samul, but in this case you get both sides; people who want it are going to go out to vote just as much as people who do not want it if we are comfortable getting the information out. Mr. Zacchio stated the opportunity to advertise the project referendum at Avon Day.
Linda Marlin asked if the Council could project to some extent what the operating costs would be and then to the debt services in those two years and the impact by these. In the first full year of operation, the projection is about $260,000 in additional operating costs. The second full operating year, and to the earlier points might be off by a month or two, about $270,000. That is for staff, utilities, and other such costs. She stated that redoing and expanding the library is long overdue and this community needs a better library but is troubled by being a part of this community that generally is not supportive in the spring of retaining what we already have. She doesn’t know how you add that amount to the budget when you’re already cutting into all of the services that we
already have. We can’t even have the library hours that we used to have. She’s very troubled by the consequence of adding to the budget by that amount when the Town generally doesn’t support the things that we already need. She also stated that as we go through this process, the annual budget process is generally very divisive in this town and we’re talking about making it more costly because of this project. She personally finds that when the library tries to sell this as a project where it’s something for everyone, it’s cutting into the idea that when you go in the spring that’s not really something for everyone which is how a lot of people feel; it’s a slogan she finds that somewhat helps divide the town when it comes to springtime and hoping there’s another way to look at it. Chairman Carlson responded that the library can be marketed as something for some people; it certainly offers services
for all. Another argument that can be made is that the educational system is something for everyone. There is something there for everyone in the educational system in this Town just like there is something in the Library for everyone in this Town. Mr. Pena asked if we do vote and the referendum does pass, the times goes south, what are our steps; would we still be obligated to go forward with the project? Town Manager responded that you’ve made a statement with the community that you want to move ahead with the project, they’ve approved it, if something significant happens the community is to show whatever leadership is necessary to take care of the situation, either delaying the project and not borrowing the money or whatever else we might want to do at the time depending upon the circumstances. The Town Council has the authority to tell the building committee to put the brakes on or we’re not going to spend the money because of
whatever happened. Mr. Pena added as well as if the bonding of the money didn’t come through from the bonding commission. Chairman Carlson stated the Council is doing two things tonight by saying we’re in favor of moving forward with the project and setting timeframe for the project. We are in favor of moving forward with the project with the caveat earlier mentioned, not to exceed $9.5 million total obligation and not to bond more than $8 million. In terms of timeframe, he understands Mrs. Samul’s points, but he does think there is reason for us to segregating this out from the rest of the election so he would be in favor of the October 22, 2009 project referendum date.
On a motion made by Mr. Carlson, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council approve moving ahead with the Library project with an October 22, 2009 referendum date in an amount not to exceed $9,500,000 however the bonding shall not exceed $8,000,000 with final numbers to be clarified by Bond Counsel and Board of Finance.
Messrs: Carlson, Pena, Shea, and Zacchio voted in favor. Mrs. Samul voted nay.
08/09-06 Review, Acceptance, and Discussion of Future Implementation Strategies:
Management Consulting Services Study
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accepts the report as presented.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
08/09-63 Review and Discussion: Conflict of Interest Policy
Chairman Carlson introduced Dwight Johnson, Town Attorney with Murtha Cullina. Mr. Johnson ran through the highlights of the July 1st memorandum and allowed a chance to answer any questions the Council might have. The draft, which is included and made part of these minutes, was distributed on July 1st and reflects comments the Council, Town Manager and Assistant Town Manager provided since our April meeting. He took all of the changes that were found appropriate. One item discussed was under Section 3 Prohibited Activities, Sub-sections B and C. We have made an important distinction between conflicts that would include a business from doing business with the Town, covered by B, versus conflicts that will not prevent a business from doing business with the Town but would
preclude a Public Official of the Town, a Council member or Town Manager, from participating in voting on, discussing, or otherwise communicating concerning the particular conflict. In Sub-section B, a business that in which a Public Official has an ownership interest of more than 1% would be prevented from one year thereafter that business could not better improve their contract with the Town. The standard for disqualification from voting or participating, in that case would include a Public Official or Spouse or Dependent of Public Official if he or she had a personal of financial interest or if he or she had an interest in a business as an Officer or Director or equity owner or if the Public or Spouse or Dependent had an interest, in Sub-section B the prohibition is against participating in business with the Town and Sub-section C is against voting. An example is John Carlson being an officer with Cigna; would we want that to preclude Cigna from doing business
with the Town? The feeling was no we would not want to preclude that however if John Carlson owned more than 1% of Cigna than Cigna would be disqualified. On the other hand, if John Carlson were an Officer with Cigna John Carlson or his spouse would not be able to vote on a contract.
One change that is not reflected in the draft and Mr. Johnson would recommend is in the context of discussion with a Public Official, there isn’t anything in Connecticut law that identifies who a Public Official is. We follow the general rule with regards to someone who has the discretion to make decisions on behalf of the Town. The question is whether or not the Town Attorney is a Public Official. It is Mr. Johnson’s position that the Town Attorney is not because he has does not have ability to bind the Town and is essentially an advisor to the Town. However, to make that clear he’s suggesting that we add to the definition of Public Official a sentence which says, “The Town Attorney shall not be deemed a Public Official.” One of the reasons this is relevant is
that since we do have a provision that his law firm, Murtha Cullina, would not be able to do business with the Town because he has more than 1% interest, obviously he is doing business with the Town and continues to expect to do so. Mr. Shea referred to Sub-section D, Confidential Information, “no such official,” could it be “no official.” Mr. Johnson responded that it could read, “no Public Official.”
Mr. Johnson discussed Sub-section E, a Public Official would not be able to appear on his or her own behalf before a Town or Board entity on which the Official sits. If you’re on the planning and zoning board and you have an issue with them, you would not be able to personally appear before that board. We have had instances in the past where we made this decision even though the Standards of Conduct then in effect were less clear. That would not preclude the Spouse of a Public Official from appearing or the Public Official from hiring a lawyer or asking a neighbor to appear. Mrs. Samul asked if you are a real estate broker on Planning and Zoning or Zoning Board of Appeals and you are anticipating obtaining a listing or a subdivision or property which is coming before that Board if the
approvals are obtained do you then leave the room. Mr. Johnson responded that this would preclude you from advising that person or real estate developer with respect to that matter. Mrs. Samul stated that if I’m a real estate agent and have a piece of property that you’ve asked me to come in and list it. I say I think you should break off a piece of land, an acre lot off from your house, you can do that. You need to go to Planning and Zoning and then I think your house would be worth x number of dollars and I’ll list it; where does that leave me? Mr. Johnson responded that under this language you would be prevented from advising that person with respect to that matter. Mrs. Samul stated that no one that is serving on Planning and Zoning and is active in the real estate brokerage community can advise anybody in anticipation of obtaining a fee upon the sale of that property even though they don’t know when they go into that
house, that’s what they’re going to be doing. Mr. Johnson responded that this would force you not to be a member of Planning and Zoning. That is the intention of it; it’s more often the case that we deal with attorneys in that situation. Chairman Carlson asked if the person could recluse themselves from that discussion. Mr. Johnson responded that what we have found in the past is that we would rather that person not be on the Board. He didn’t think that by just reclusing themselves was sufficient. It’s a line that Mr. Johnson and the Town Manager have talked about over the years. The Town Manager added that Mr. Johnson has explained it adequately. We’ve had situations develop where there have been real estate agents and brokers on some of these commissions and where they have recluse themselves in some cases there has still been the aura or perception of a potential conflict. You are basically
removing a segment of the community, a profession that’s heavily involved with real estate and land use decisions, but they could also be sitting on the commission and you certainly have the potential perception of a problem.
Mr. Johnson referred to Item 4 under Sub-section C in response to concern raised by the Council and separated employment by the Board of Education and separated employment by the Town. The Town official’s spouse or dependent would be free to be employed by the Board of Education even if he or she were not being employed by the Town or vice versa. Chairman Carlson stated that the thought process there, as an example, is that the Town Council does not have oversight responsibilities for the Board of Education budget and vice versa. Mr. Johnson stated that we didn’t want to get overly restrictive; it may be politically appropriate for a Superintendent of Education’s Spouse or Dependent to be working in a Town position. Town Manager stated that some discussions in terms of this, it
goes back into whether it’s the more common practice in employment law and that’s the supervisory relationships. If you’re not in the supervisory chain then it’s not applicable.
Mr. Johnson referred to Section IV, Avon Volunteer Fire Department. We’ve struggled with this in the past primarily because we have a charter provision which is arguably ambiguous when it talks about precluding members of the fire department from also serving on the Town Council or Board of Finance on the theory that the volunteer fire department is under the “jurisdiction” of the Board of Finance or the Council. Mr. Johnson provided an opinion that he thinks the fire department could be deemed to be under the jurisdiction of the Board of Finance and Town Council because of the substantial funding that the Town provides to the fire department even though the fire department is a fully independent entity. Mr. Johnson proposes to ask the Council if it agrees to make finding that that was
not the intent of the charter. When the charter was enacted it did not intend to treat the fire department as under the jurisdiction of the Town. It’s a reasonable conclusion to reach and contrary to the one Mr. Johnson reached but he can go with a reasonable solution that would permit valuable members of Town bodies to also be involved. Town Manager stated that it’s not 100% clear cut that there’s a tipping point. That tipping point could be reached if and when the Town and fire department decides that they’re no longer a volunteer fire department. Once they’re no longer a volunteer fire department and become a Department of the Town then you in essence have a different relationship. Right now they have a non-profit 401c-3 corporation registered with the Secretary of State and independent Board. Should that change and we move into a paid department then the Council needs to re-examine this item at that point. Mr. Shea added that it’s important to make a distinction if
you’re a member of the volunteer fire department and you’re on a board, you can’t participate in any discussions involving the fire department. Mr. Johnson responded that kind of restriction will now remain in place. This would not permit a full participation, for example, the Board of Finance members should recluse him or herself from voting on the piece of the budget and commenting on it. Chairman Carlson thought the wording in the section is broad in its nature that we don’t find them to be under the jurisdiction of the Town. Are there any other concerns or ramifications of that wording and anything else we might do? Mr. Johnson responded that the section language is the language in the Charter Section 11.1.3. It doesn’t relate to other issues beyond that.
Mr. Johnson referred to Section V. Sub-section B is the complaint process if a resident complains there has been a violation of Conflict of Interest rules. There is a two step process. The first step can involve the Town Manager and the Town Manager makes a preliminary determination that there is or is not a serious issue. If he concludes that there is a serious question, then he refers it to the Council for its determination. If he concludes that there is not a serious question, what we call a prima facie case, then the complainant can still go to the Council directly and ask the Council to make that determination to protect the Town, if the Town Manager were regarded as bias. Once a prima facie case has been found by the Town Manager or the Town Council then it goes on to a due
process procedure before making a finding on whether or not there is or is not a Conflict of Interest.
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council table item 08/09-63 to the October 1, 2009 meeting.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
08/09-65 Acceptance of Easement, Ensign Bickford Property
The Town Manager asked Town Council to table this item until the next meeting.
On a motion made by Mr. Pena, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council table item 08/09-65 Acceptance of Easement, Ensign Bickford Property to the August 6, 2009 meeting.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
08/09-86 Appointment: North Central Regional Mental Health Board CAC18 (12/31/09)
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council table item 08/09-86 Appointment: North Central Regional Mental Health Board to the August 6, 2009 meeting.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
VII. NEW BUSINESS
09/10-01 Review and Discussion: Set Open Burning Permit Fee, per Sec. 20-45
Avon Code of Ordinances
On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council set the open burning permit fee of $10.00.
Mrs. Samul, Messrs: Carlson, Pena, and Shea voted in favor. Mr. Zacchio voted nay.
09/10-02 Recommended Temporary Appointment: Police Representative, Avon
Youth Services Advisory Board: Police Chief, Mark Rinaldo
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council approve the temporary appointment of Police Chief Mark Rinaldo to the Avon Youth Services Advisory Board.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
09/10-03 Approve Resolution: CT Dept. of Public Safety Agreement
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council is authorized to enter into an agreement with State of Connecticut, Department of Public Safety; for a memorandum of understanding by and between the Connecticut Department of Public Safety (DPS) and the Town of Avon for certain mapping products obtained by DPS that are of use to the Town of Avon and
RESOLVED: That Philip K. Schenck, Jr. as Town Manager be authorized to sign all documents in connection with agreements referred to herein.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
09/10-04 Approve Resolution: $50,000 Grant from State of Connecticut,
DEP for Low Impact Design Guidelines
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council of the Town of Avon authorizes Philip K. Schenck, Jr., the Town Manager, on its behalf and following review by the Town Attorney, to enter into a contract between the Town and the State of Connecticut, Department of Environmental Protection, to secure a grant in the amount of $50,000 for the purpose of studying the application of Low Impact Development Techniques.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
09/10-05 Approval and Authorization to Proceed: Deepwood Drive Sewer Project
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council approves authorization to proceed with the Deepwood Drive Sewer Project.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
09/10-06 Review and Discussion: Paramedic Service
09/10-07 Supplemental Appropriation: Library Temporary Parking Lot, $3,500
On a motion made by Mr. Pena, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $3,500 from General Fund, Other Financing Sources, Undesignated Fund Balance, Account #01-0390-43913, to General Fund, Library, General Service, Account #01-6101-52185 for the purpose of constructing temporary improvements at the Library.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
09/10-08 Supplemental Appropriation: Pine Grove Schoolhouse, $6,000
On a motion made by Mr. Zacchio, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council remove item 09/10-08 from the agenda.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
09/10-09 Supplemental Appropriation: St. Ann’s Food Pantry, $6,175
Chairman Carlson welcomed retired Chief of Police Chief Jim Martino. Director of Social Services read his memorandum to the Council regarding the request for town funding by St. Ann’s Church for renovations to the Avon Food Bank and turned it over to Mr. Martino who coordinates the Food Bank on a volunteer basis. Mr. Martino stated that St. Ann’s has graciously allowed us to use their lower section for food drop off for major holidays and stock food. The Pantry officially opened almost 10 years ago. It’s open on Tuesdays from 9:30 to 11:30 a.m. and on special occasions he or Mr. Rosenberg will meet people there at different times. St. Ann’s has always been a leader in this area. Many years ago Mr. Rosenberg and Mr. Martino put out to the community that they were
looking for a place for the Food Panty and the only bite received was from St. Ann’s. When renovations began taking place at the Church, it was also thought that the Food Pantry could use some renovating as well. They did apply for a grant and received $1,500 through Food Share to help fray some of the costs. Now there is steel shelving and much more room with a private entrance to keep the confidentially of the clients. It opened officially last week; hope to have it completely done within the week, mostly cosmetic. Mr. Martino welcomed the Council to stop by and view the Pantry. It’s the Town of Avon Food Pantry; it’s housed at St. Ann’s, sponsored by Alan’s office and Mr. Martino runs it. There are inspections twice a year to make sure they qualify for federal and state food and shop at the Food Share. Today we received 5 or 6 cases of frozen turkeys. There are a few freezers down there and will
get a refrigerator when we’re all set. You can buy 90 dozen eggs for $9.00, so you can’t go wrong if you can shop that way and give to the people. Mr. Martino was there to back Mr. Rosenberg, Mr. Zeisz, and Mr. Koch to give you the cost figures of the Food Pantry and thank you for allowing us to speak with you and to present our information before you. Chairman Carlson thanked Mr. Martino. Mr. Koch noted that all the manpower was donated by the men of St. Ann’s; all that are being asked for is the raw materials used in the amount of $6,175. $1,500 was removed for the shelving. Chairman Carlson asked how many patrons pass through the Pantry. Mr. Martino responded that it’s been shut down for the last 5 weeks during renovations so they’ve been going to Gifts of Love, Canton or Farmington. We had 20 families but now are averaging 60-90 families a month which equates to approximately 250-280 people.
Families are usually only on the program for one year; after that Social Services tries to find them jobs to get on their own. Biggest contributors are St. Ann’s and the school systems, who are fabulous with food drives. Mr. Shea commended all three gentlemen, the Director of Social Services for his professional services, and all those who volunteered for the time they give. It’s a great service to the town.
On a motion made by Mr. Zacchio, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $6,175 from General Fund, Other Financing Sources, Undesignated Fund Balance, Account #01-0390-43913, to General Fund, Town Council, Regional Programs, Account #01-1101-52162 for the purpose of renovations to the Avon Food Pantry.
Mrs. Samul, Messrs: Carlson, Shea, Pena, and Zacchio voted in favor.
09/10-10 Supplemental Appropriation: Magnet School Tuition for 2008-2009
school year, $56,823.46
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council hereby recommends that the Board of Finance amend the FY 08/09 Budget by increasing:
REVENUES
General Fund, Intergovernmental, Equalized Cost Sharing (ECS), Account #01-0330-43341 in the amount of $56,823.46 and increasing:
APPROPRIATIONS
General Fund, Board of Education, General Service, Account #01-9401-52185 in the amount of $56,823.46 for the purpose of funding Magnet School tuition for the FY 08/09 school year.
Mrs. Samul, Messrs: Carlson, Shea, Pena, and Zacchio voted in favor.
09/10-11 Supplemental Appropriation: Interlocal Program Funding: Canton
Social Services Staffing, $8,900
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council hereby recommends that the Board of Finance amend the FY 09/10 Budget by increasing:
REVENUES
General Fund, Other Local Revenues, Interlocal Program Funding, Account #01-0360-43657 in the amount of $8,900,000 and increasing:
APPROPRIATIONS
General Fund, Human Services, Service & Consultant, Account #01-4203-52184 in the amount of $8,900,000 for the purpose of funding expenditures, which will be reimbursed through approved contractual agreement with the Town of Canton.
Mrs. Samul, Messrs: Carlson, Shea, Pena, and Zacchio voted in favor.
VIII. TOWN MANAGER’S REPORT/MISCELLANEOUS
Misc. A Construction Update
Misc. B. Purchasing Update
Misc. C. Grants Update
Misc. D. Public Information Opportunities
IX. EXECUTIVE SESSION: Litigation/Negotiation:
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council goes into Executive Session at 10:35 p.m. to discuss property negotiation and personnel issues.
Mrs. Samul, Messrs Carlson, Pena, Shea, and Zacchio 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. Zacchio, it was voted:
RESOLVED: That the Town Council comes out of Executive Session at 12:05 a.m.
Mrs. Samul, Messrs Carlson, Pena, Shea, and Zacchio voted in favor.
X. ADJOURN
The meeting was adjourned at 12:05 a.m.
Attest:
Caroline B. LaMonica
Clerk
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