AVON TOWN COUNCIL
MEETING MINUTES
November 5, 2009
I. CALL TO ORDER
The meeting was called to order at 6:30 p.m. at the Avon Town Hall, in the Selectmen's Chamber. Members present: Mrs. Samul, Messrs. Shea, Zacchio, and Pena.
II. PUBLIC HEARING – None.
III. MINUTES OF PRECEDING MEETINGS: September 21, 2009 Special Meeting
September 28, 2009 Special Meeting
October 1, 2009
October 5, 2009 Special Meeting
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the September 21, 2009 Special Meeting minutes as submitted.
Mrs. Samul, Messrs: Pena, Zacchio, and Shea voted in favor.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the September 28, 2009 Special Meeting minutes as submitted.
Mrs. Samul, Messrs: Pena, Zacchio, and Shea voted in favor.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the October 1, 2009 meeting minutes as submitted.
Mrs. Samul, Messrs: Pena and Shea voted in favor. Mr. Zacchio abstained, absent from meeting.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the October 5, 2009 special meeting minutes as submitted.
Mrs. Samul, Messrs: Pena and Shea voted in favor. Mr. Zacchio abstained, absent from meeting.
Mr. Carlson came in.
IV. COMMUNICATION FROM AUDIENCE
Len Del Gallo, Avon Day Committee Chairman, reported on Avon Day 2009 (The financial statement is included and made part of these minutes). The event ran on September 26, 2009 from 11:00 a.m. to 6:30 p.m. Unlike last year, there is good news as the event raised $10,000 for local charities of which $4,200 went to the Avon Special Needs Fund. A wrap-up meeting was held on October 14, 2009. The Committee is working with the School Department and Public Works to get a direct electrical line for the speaker system by using part of the $9,000 in funds being carried over into next year’s Avon Day. The proposed date for next year’s Avon Day has been set for September 25, 2010. He made a special request to the Town Council that we try to entice more corporate sponsors to participate
by having a “general store” type booths with 16 people with businesses selling their product. They would be charged $500 for those booths versus $300 for the other booths. It would draw in more corporate sponsors and more people. Mr. Del Gallo asked the Council to consider this special request and act on such. Mr. Del Gallo thanked the Committee for working very hard and the town departments, police, fire, public works, and school); they cooperate at the hilt and the Committee appreciates that. Mr. Del Gallo thanked the Town Manager for the years the Committee has worked with him in making Avon Day a special day. Mr. Del Gallo thanked Glenn Marston and his department as well.
Rob O’Connor, Avon Day Committee member, reported that the Committee does not want to turn Avon Day into a full blown retail environment; the goal is to limit it to 16 booths with town oriented type people, for example, football team fundraising such as selling their hats and t-shirts. It is an opportunity for many local smaller stores to sell their merchandise. It would create a newer, fresher environment for Avon Day which has improved over the last 5 years. Mr. Shea reported he is supportive of the “general store” but suggested that when the Committee comes back to discuss it with the Council or Town Manager, the Committee talk about the risk management side of it pertaining to an insurance policy that insures the Town, how the selection process is made, how the price is configured,
and where that money will go to. He further reported that UNICO is doing a terrific job. His concern is when there is a problem with this, it will come to the Town and trying to suggest that the Committee address these items before making an official request. Mr. O’Connor agreed and specific parameters would be developed, including business participants located within Town, first come first serve basis, and offer to repeat participants. Mr. Carlson asked how many total booths were at Avon Day this year. Mr. Del Gallo responded there were seventy-six. Mr. O’Connor reported that at 3:30 p.m. many booths pack up to leave and that seems to be the prime time where the food people are interested in because at certain time they switch over to being 100% profit for themselves so at 4:00 p.m. and nobody is there to purchase food, this would be a reason for people to stay a few extra hours. Mr. Pena questioned how the $500 fee was derived
as it seems a little steep particularly for smaller local businesses and perhaps look at what other Towns charge for similar venues. Mr. Del Gallo responded that West Hartford charges $1,000 but is not familiar with their set-up. Mr. Zacchio added that the key in developing the request will be in and around how you control the type of businesses that comes in and still maintain the character of what we want Avon Day to be. The Council commended the Avon Day Committee on a great job. Mr. Zacchio added that this year was probably one of the best Avon Days the Town has held.
V. COMMUNICATION FROM COUNCIL
Ms. Samul reported on a follow-up to conversation she had at the Landfill on the need for further safety and rails put up. The Town Manager responded that the Director of Public Works is looking into it; some kind of guard rail or posts so if people are backing up or inadvertently putting their foot on the gas, which is what has happened last week, there will be a barrier there with a walk-through. Ms. Samul asked if there is a money problem. The Town Manager responded it is still being investigated, including the options available. Mr. Shea added that as we embark on spending money let us remember it might not be there in the near future so we might look at the most cost effective method. The Director of Human Resources reported that CIRMA representatives, safety analysts and Agent of Record
will be out tomorrow conducting an evaluation and provide the Town with a written report.
Mr. Shea asked the Assistant Town Manager if she puts together the Town newsletter. She responded that she does, along with her secretary, Ms. Manson. On behalf of the citizens of Avon, Mr. Shea stated it was outstanding; Ms. Lamonica did an outstanding job for years, and the tradition has been carried on. The newsletter is a great snapshot of what we’re trying to accomplish and speaks well of the Town trying to communicate in all the different ways. Mr. Shea asked for his compliments to be passed on Ms. Manson.
Mr. Zacchio reported on the unfortunate accident that happened to the man who jogs quite often on the Brickyard Road area in the mornings. Mr. Zacchio stated that while traveling Country Club Road, between West Avon Road and Old Farms Road between 7:15 a.m. and 7:30 a.m., there are two gentlemen that run quite often in all weather conditions. Mr. Zacchio questioned if we could address it gently from a Police Department stand point suggesting it’s not the best time to be running down Country Club Road.
VI. OLD BUSINESS
07/08-08 Review, Discussion, and Approval: Library Renovation/Addition
Building Committee: Revised Charge
The Assistant Town Manager reported that with the passing of the referendum for the Library on October 22nd, it is time to revisit the charge. She has spoken to all Committee members and they are enthusiastic about the project and want to continue. The Committee will take up the discussion regarding a General Contractor versus Construction Manager at their meeting this month. If a Construction Manager is chosen, we need to get that firm on board as soon as possible after an RFP process to participate in the design and stay on target. Chairman Carlson asked if there were any issues using a Construction Manager for the High School project. The Assistant Town Manager responded there were no issues, it went very well, and one was used for Buildings 5 & 6 as well. It was
important to them to work hard to please the owner and keep the owner’s interest at mind; it works well or better than any general contractor. Ms. Samul reported that at the end of the High School project there was a question about commissioning the High School. The State requires schools of a certain size to be commissioned, will that not apply to the Library project. The Assistant Town Manager responded it has not been planned in the budget. The architect has been asked today for a price to know what it is the Committee needs to do, to keep it in the back of their mind, as well as LEED certification. Mr. Shea stated that it is critical in the first Committee meeting, it should be reiterated that the Town is only borrowing $8 million. Mr. Shea asked if the architect’s contract is done on a percentage. The Assistant Town Manager responded that when the Committee reviewed architects and went into initial discussions with them two
years ago, a fee of 7.5% was set.
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council amend the August 6, 2007 CHARGE to the Avon Free Public Library Renovation/Additions Building Committee
RESOLVED: That the Avon Free Public Library Renovation/Additions Building Committee as established on August 6, 2007 consisting of seven (7) members be recharged as follows:
The Committee shall proceed with final plans substantially in accordance with the design approved at the October 22, 2009 Referendum.
The Committee is charged to investigate the options of using either a general contractor (GC) or a Construction Manager (CM) to be responsible for the construction of the additions and renovations to the Avon Free Public Library. The Committee shall make a recommendation to the Town Council on which option to pursue.
Should a CM be recommended, then the Committee shall solicit, through an open, competitive process, the services of a qualified Construction Manager to be responsible for the construction of the renovations and additions to the Library.~ Upon the selection of a Construction Manager, the Committee will recommend for approval by the Town Council their selection of a Construction Manager. Should a GC be recommended, that firm will be retained through a competitive bid process. The Committee will also select in accordance with the Town’s Purchasing Policy a Clerk of the Works. The additions and renovations shall be completed no later than December, 2011.~
Secure necessary state and local approvals, including Planning & Zoning, Site Plan approval and any other such formal and informal activities which need to be attained in order to prepare the project for final plans.
Periodic reviews and reports shall be made to the Town Council upon request.
Mrs. Samul, Messrs: Carlson, Pena, Zacchio, and Shea voted in favor.
08/09-04 FY 10/11 Budget: CIP Budget Presentations
a. 6:30 p.m. Board of Education
David Erwin, Superintendent of Schools, and Gary Franzi, Finance Director, reported on the Board of Education Capital Improvement Program for the FY 10/11. Mr. Erwin thanked the Council for the capital improvement projects that were approved and were completed for 2009/2010: replacement of Avon Middle School Roof with new HVAC roof top units and replacement truck for the Maintenance Department. Both items were very much needed and most pleased with the work at the Middle School. Work is being wrapped up at the Middle School with some final issues; the Contractors have been quite cooperative. Mr. Pena asked if the replacement of ceiling tiles has been done at the Middle School. Mr. Franzi responded that most tiles have been replaced. Mr. Pena inquired if there were any mold issues.
Mr. Franzi responded no, that any areas that potentially looked like they had mold, for example, band chorus music room, were tested and there was no mold, however because of water leakage in the area some items in storage had to be remediated and cleaned out. The ducts have been cleaned and any suspicious areas of mold were tested and results were a clean bill of health.
Mr. Erwin highlighted the request for $912,580 in fiscal year 2010/2011. Mr. Erwin reported on the 2010/2011 requests of which many of the projects are repeats from previous years. The top priority is the replacement of the Middle School boiler with a concern of heat loss during the winter; this project request was initiated by the Board of Education in 2001. Chairman Carlson inquired about federal money or grants for energy efficiency that might help offset the boiler requests. Mr. Franzi responded that with the Roaring Brook School boiler project a rebate was received through CL&P. The same opportunities will be pursued for the proposed Middle School boiler replacement. The State CFO has told Mr. Franzi that the money that flows through from their funds are not allocated towards
capital projects. Mr. Erwin stated that stabilization money that went to the towns was available but the projects at the time when they were released from the federal government had to be shovel ready. The Assistant Town Manager stated that any ‘shovel ready’ projects like the Middle School roof is on the governor’s list but hasn’t been funded, as well as the Town Clerk’s vault. The Middle School boiler project requires design before it would be ‘shovel ready.’ Mr. Zacchio questioned if the Board has worked through the Clean Energy Commission regarding funding possibilities and/or suggestions for best replacement units. Mr. Franzi responded that one of the best replacement units was used at Roaring Brook and the same method would be sought for the Middle School. The Council requested the Board to reach out to the Clean Energy Commission Chairman. Ms. Samul questioned Mr. Franzi about his statement
regarding money being available for routine maintenance but not capital improvements and if any other items on the 2010/2011 request list could be considered routine maintenance. Mr. Franzi responded with concerns regarding the dollar size and that most projects have been on the list for several years, but he would inquire. Ms. Samul stated that it would be great to inquire about the lesser numbers and not have to carry those forward into the future. Mr. Erwin added that even if this was an approved school building project, the State would kick those costs back as ineligible because they would figure that this should be done through the Operating or Capital budget.
The second item on the list is the Pine Grove playscape. Mr. Erwin reported the Board has heard presentations on this item and it has been on the list since 2001. $110,000 has been raised through PTO fundraising initiatives. If it is officially deemed unsafe, the recommendation to the Board would be to close the playscape. Mr. Zacchio questioned if the playscape can be completed in pieces with regards to the budget and appropriating a portion of the funds versus zero. The response was that we need to figure out which section will have the least effect on the greater student population. There are two integrated pieces, one for Pre-K/K and the other for the remaining grades, including making it handicap accessible. Mr. Pena questioned the life span on this playscape. The
response was the unit has multiple warranties with an approximate 15-year life expectancy. Ms. Samul questioned if monies would be set aside for future repairs or replacements. Is there an annual maintenance cost? Mr. Franzi responded that there is an annual inspection. Mr. Shea suggested verifying the life span and looking at the potential bridging of the financing for this project over two fiscal years as the Board of Finance may be interested in these items. Mr. Erwin expressed a concern from the Committee about refunding money to the donors if the project does not come to fruition. Many parents were under the impression that the playground was going to be built last summer. A delay could endanger some of the funds raised.
The RBS boiler controls project was requested in 2009/2010. Mr. Franzi reported that a high-end efficiency boiler was installed and energy rebates were received. The control replacement would provide a laptop control for the environments and provide additional savings. Ms. Samul questioned if the digital controls were being included for the Middle School boiler. Mr. Franzi responded that the controls are already in place at the Middle School. Mr. Shea questioned if this project is listed as the third solely due to the fact of the playscape Committee raising funds. Mr. Eagen, Board of Education member, responded that is fair to say; to reward the PTO for their efforts and understood the expiration of the funds raised and take advantage of such. Mr. Zacchio added that it will be
important to show the public the funds that go with the playscape project, and the work that went along with it.
The next item is floor covering replacement. The Board would like all of them done together if possible to get an economy of scale with a more favorable price. The top priority would be the Middle School; safety issues could begin to occur there. The covering may not necessarily be carpeting. Ms. Samul questioned if there was any asbestos in any of the schools. Mr. Franzi reported that Roaring Brook had asbestos a few years and testing would be done before replacement. Chairman Carlson questioned if the Facilities Committee is involved with this item. Mr. Franzi responded that the Board has looked into that and he referred to the High School flooring project. Mr. Shea added that it might help to discuss how this item was coordinated with the Facilities Committee before it
appears in front of the Board of Finance.
The final item on the list is the Towpath Annex renovation. Chairman Carlson suggested looking at other options for housing the Administration; this may not be the most cost efficient method. Mr. Franzi reported that this was looked at five to six years ago and the decision was made to stay put after looking at the operating cost and lease pricing. Mr. Zacchio added that without the Towpath School sitting behind it, it is an open piece of property that is commercially zoned. Mr. Erwin reported on the other projects in the two to five year and six to ten year plans. The Board will have a brief presentation by some groups that are very interested in refurbishing the tennis courts at the Middle School. Ms. Samul thanked the Board for the presentation and encouraged them to reach out to
other committees in Town, like the Clean Energy Commission and Facilities Maintenance, for their ideas, assistance and tap the resources. The presentation made by Mr. Erwin and Mr. Franzi is attached and made part of these minutes.
b. 7:00 p.m. General Government
The Assistant Town Manager reported on the General Government Capital Improvement Program for the FY 10/11. The first item is two things included in the Matrix Report, an upgrade to the financial system (ADMINS) and implementation of the time and attendance system. Chairman Carlson stated that this is a perfect example of a recommendation from the Administrative Services Study Committee to do this; there is a cost savings, but money will have to be spent to get to the cost savings. The Assistant Town Manager reported on the benefits of the ADMINS upgrade. Mr. Shea asked who the technology officer is. The Town Manager responded that we have a consultant, Fuss & O’Neil and an internal Committee that meets regularly and sets priorities; for the Town only. The Board of Education
has an employee for their technology services. Mr. Zacchio questioned if the Town could utilize him once we move to a Windows based system. The Superintendent of Schools responded that the Board would be happy to send him over and share his expertise. Chairman Carlson stated that assuming the upgrade goes through, going into 2011, what is the technology plan and how is it retained with shared services. The Time and Attendance system would allow electronic processing of time off and attendance at work and replace multi-part forms; ability to schedule electronically. The total funding for these two items is $139,560. The Town has learned that the Board of Education has a time and attendance system which rolled out last year for their custodial staff called Novatime. An RFP was put out last year hoping to do this, weren’t able to, and since found that their system is less expensive and already being brought over to the Board of
Education; currently investigating being able to roll it out to the Town side at less cost and perhaps even do it this year in which case the request for $40,000 would go away.
The Vault Expansion Project was seen during last year’s CIP presentation. The Assistant Town Manager highlighted reasons for the project. Chairman Carlson asked if there was anything in the legislature that might buy the Town more time. A law has been passed that allows the Town to make more records available electronically which would be a great benefit to residents to get land records online; the Town Clerk is investigating the cost of getting the records up and redacted and ready for access by the people back to 1961. The downside is that the State has not changed the law on how you store what you have; still have to have paper copy. Ms. Samul questioned if we looked into double stacking, like in West Hartford, Torrington, or Southington. The Assistant Town Manager would
follow-up with the Town Clerk. The budget for this project has changed significantly. It was budgeted high last year at approximately $800,000. She spent time working with CRCOG on a new method of contracting called Infinite Quantity Contracting (IQC). One goes out to bid with all the various types of components of construction and bidders bid on that with a markup for their overhead and profit and then build a project based on the components you need from the catalog. The Director of Public Works had suggested looking at this and the price came in at $234,000 as opposed to $629,000 received from Construction Manager. The biggest difference is the cost of the Manager, mobilizing onsite and the general conditions that go along with it and their profit on the project. The other approximate $100,000 could be looked at as savings in finishing the floor in the vault and approach actually building the vault, both very specific by the State.
Given the tight budget year and being able to get to 2012 with the current records space, at best, we divide and fund this project into two separate years. Mr. Shea inquired about an economic escalation number. The Assistant Town Manager responded it would 2.5% given by the vendor.
The Assistant Town Manager reported the request for a new Dial-A-Ride van for FY 2012-2013. Mr. Shea suggested putting this project in the newsletter and someone could make a donation over time if so inclined or shared donation. The last item comes from the Town Manager’s office for renovations to Building One with design phase in FY 2013-2014. Some things have changed that would suggest it be kept on the radar screen, perhaps when our debts start to go down a little. The Buildings 5 & 6 Project was run through the energy star program and scored an 88; the energy measures could be replicated as construction with this building is much the same. Mr. Shea asked if the $220 per square foot includes furniture/fixtures/equipment. The Assistant Town Manager responded that would be
the total project. They are very preliminary numbers at this point. Chairman Carlson inquired about the amount of space that Probate Court is utilizing. The Town Manager responded it was approximately 300 square feet. The Assistant Town Manager added that with the relocation and perhaps some technology changes to the Chamber, it might be a good time to revisit this. Chairman Carlson suggested that at the time this project gets undertaken, we look at the Board of Education’s Annex issue and does it make sense to do something together and is there a cost savings. Mr. Zacchio questioned what the CIP budget was for the current year; the answer was $1.4 million (approximately $1.1 million for non-sewer projects). The CIP requests for 2010/2011 are approximately $6.6 million. The presentation made by the Assistant Town Manager is attached and made part of these minutes.
08/09-63 Review and Discussion: Conflict of Interest Policy
The Town Attorney reported that the most recent draft, which is made part of the minutes, reflects a number of changes since the July draft based on comments from the Board of Education, including a letter from Ms. Roell, Chairperson of the Board of Education. The draft that was first presented in July and now as amended was a combination of the Standards of Conducts that had been in place for the Town for a number of years plus portions of the parallel conflict rules that the Board of Education has had. The principal change is to bifurcate a procedure for dealing with possible conflicts and now places the Superintendent of Schools and Board of Education in charge of responding to such with respect to Board officials. The second change is the definition of Public Official which identifies three officials
who are subject to the Standards of Conduct: the Town Manager, the Superintendent of Schools, and the Town Treasurer. It also continues to provide that any person who is elected by the voters and serves without compensation on a municipal body and any person that may be appointed by the Council or Board of Education and serves without compensation is subject to the rules. The key distinction is with respect to other persons who are employees by the Town or the Board and were not included because they do report to the Town Manager or Superintendent and subject to the personnel policies and will be modified as appropriate to parallel the Standards of Conduct. Another change made is to add a sentence that points out that employees of the Town or Board of Education that are not covered by these Standards of Conduct shall be subject to appropriate standards set forth in the personnel rules of those two bodies.
Superintendent of Schools thanked the Town Attorney for his help working with him as he was working with the Board of Education and appreciate his input while trying to massage these suggestions with your blessings. Chairman Carlson echoed the sentiments and is very comfortable at the stage we are now in terms of what this policy is; it will protect the town and it is a good policy for our towns’ citizens. Mr. Zacchio questioned whether it is a Board of Education or Town employee, if the Superintendent or Town Manager deemed that something needs to be investigated further, it is the Town Attorney who would do that investigation or the Town Attorney would be the person who gives us the advice on whether or not there was something that was against policy. The Town Attorney responded that there is no
requirement that the Town Manager or Superintendent go to the Town Attorney; based on historical experience in Town context, in many cases the Town Manager is sufficiently familiar with the rules of conflicts and has not felt the need to call. It would be appropriate to have the same scenarios apply to the Superintendent. The expectation is that if the Superintendent or Town Manager wants to consult an attorney, they would go to the Town Attorney for consistency. Mr. Pena questioned if the Councilman needs to step down and there is a tie, what would happen. The Town Attorney responded that most of the steps taken require a majority vote, so the proposal would fail. In some cases the Town Charter provides that the Town Manager make the decision; you have to look at what the issue is. Chairman Carlson questioned where it states, in the escalation, that the Board of Education or Superintendent uses the Town Attorney. Ms. Zuras’ concern
is that the public’s perception is that the Town or the Board is investigating itself; what offers a vote of confidence assuming this infrequently happens and everybody is operating in good will it is the presence of the Town Attorney involved in each phase that assures the public we’re getting uniformed investigation as well as uniformed consideration by the Board or Town Council; a “shall” versus a “may” request. Mr. Zacchio responded that assumes the Town Attorney is used as the fact finder and if used in that capacity it is a different use. Ms. Zuras stated that a person having an issue would then be foreclosed from further review without the Town Attorney assessment; the language is discretionary. The Town Manager added that there has to be some discretion and judgment on the part of the Town Manager and Superintendent as to when to consult the Town Attorney or not. At the very preliminary stages of this, it’s
more of an inquiry more than anything else, as the inquiry either bears fruit or it becomes bare and there is no fruit you move along up the ladder and on to the Town Attorney to look at it. Should the inquiry bear fruit then one stands on a firmer foundation as they move forward. Mr. Erwin concurred with the Town Manager. Ms. Zuras stated it is a fantastic first step and if down the road there are glitches, it can be reviewed in the future. Ms. Stahl stated that the document is a wonderful start, a great job, and thanked the Council, in comparison with what other Towns do or do not have in place.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accepts the Standards of Conduct for Public Officials, which is attached and made part of these minutes.
Mrs. Samul, Messrs: Carlson, Pena, Zacchio, and Shea voted in favor.
09/10-06 Review and Discussion of Paramedic Services: Next Steps
The Assistant Town Manager gave an update on paramedic service. Although UConn came last month and told us that they are continuing their service they have not given us any specifics as to how they are willing to provide that service. UConn is looking to change exactly how they provide it and until they can come to some internal conclusions so that we can then figure out how to resource this the best way, it’s hard to plan something.
She reported several meetings have taken place with AMR and the Fire Department looking at call volume, response time, ambulance location, joint contract with Farmington, and patient outcomes. What was found is that joint contracting with Farmington works but it is currently setup to favor Farmington. The highest percentage of calls occurs in Farmington given its population. The fines that are setup when AMR does not get to calls in time give them incentive to go where more of the calls are. Both towns think a third ambulance is needed at certain times of day or year. Overall AMR is doing a good job at meeting their response times. Responses are broken down into priority one and two calls based on how serious they are. In both cases for priority two, they are meeting their
15-minute requirement depending on whether you allow them to have the exceptions that are built into the contract and they are meeting priority one as well. It has been learned that only half of all transports go to UConn; 24% go to St. Francis and next biggest is Hartford. What needs to be pulled together, once we know what these resources are, is how to modify the contract with Farmington to make sure that Avon’s needs are being met, where does the ambulance need to be located, is a third ambulance needed to properly serve both towns and what kind of service will UConn provide. UConn currently sends two paramedics in a vehicle to calls and talking about splitting them which might be great for response time but not so great in terms of patient situations. What level of paramedic service and from whom do each of the towns want. Canton seems happy to keep UConn; Farmington is heading in that direction; for Avon we want faster response time and
that may not be from UConn depending on how they structure this. If there are paramedics from two different sources, how does it get built so it works seamlessly and the right number of people gets to the right calls in an appropriate amount of time; and finally what is the cost and will it continue to be free to the Town because they recoup their cost through their charges to the patients that they transport. There is a meeting with Farmington next week; once things come together, it should resolve quickly and important to do so as it is a factor in the budget for next year as well. Chairman Carlson suggested that in an upcoming newsletter tell the townspeople how they ought to advise people when they make a call for emergency treatment. Ms. Samul asked if this is something that we need to be very cognizant about if we continue negotiating not only with AMR but on a regional dispatch system. The Town Manager agreed and added that on the regional
dispatch system what generally happens because of the volume of calls, a call taker would send it to a dispatcher who is focused on the medical side versus fire or police. Over the years the level of training for dispatchers has increased, in particular with the medical area. There was a new system implemented statewide a few years ago that is required for emergency medical dispatch and not flexible to change.
09/10-33 Appointment: Avon Youth Services Advisory Board (R-12/31/09)
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council table item 09/10-33 Appointment: Avon Youth Services Advisory Board to the December 3, 2009 meeting.
Mrs. Samul, Messrs: Carlson, Pena, Zacchio, and Shea voted in favor.
09/10-35 Appointment: New England National Service Trail (NENST)
Stewardship Council
The Town Manager reported that the Director of Planning and Community Development is searching for a candidate for this appointment. Mr. Shea suggested contacting the Avon Land Trust.
On a motion made by Mr. Pena, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council table the second appointment to the December 3, 2009 meeting for item 09/10-35 to the New England National Service Trail (NENST) Stewardship Council.
Mrs. Samul, Messrs: Carlson, Pena, Zacchio, and Shea voted in favor.
VII. NEW BUSINESS
09/10-38 Appointment: Town Manager, Effective January 4, 2010
Chairman Carlson introduced the new incoming Town Manager, Brandon Robertson, to the audience and welcomed him to the meeting. The Director of Human Resources reported on the recruitment process for selecting the new Town Manager. Chairman Carlson stated that the decision to make the offer to Mr. Robertson was reached unanimously by the Committee which consisted of the Town Council; the negotiations with Mr. Robertson were carried forth at the request of the Council by Mr. Shea and himself and were in agreement on everything.
On a motion made by Mr. Carlson, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council appoint Brandon Robertson Town Manager of the Town of Avon effective January 4, 2010 for an indefinite term and authorize Philip K. Schenck, Jr., Town Manager, to sign the appointment letter on behalf of the Town Council.
Mrs. Samul, Messrs: Carlson, Pena, Zacchio, and Shea voted in favor.
09/10-39 Set Date for Public Hearing, Update: Code of Ordinances, Article II,
Sections 2-21 Retirement and Pension Plans
Recommended Date, December 3, 2009, 7:00 p.m.
The Director of Human Resources reported that annually the Town Attorney’s office reviews different IRS code changes as well as taking a close look at the Plans and has sent the Town a letter recommending various amendments to the Plan and have been reviewed by the Town Actuaries who have concurred. The request is to call for a public hearing and allow to adopt these Plan amendments to keep the Plan consistent with IRS codes and amend the changes as necessary. Chairman Carlson asked about the specific dollar amount under Section 3.04-1 through -4 versus referencing in the applicable IRS code. The Town Manager responded that we can ask the Town Attorney and be done as reference.
On a motion made by Mr. Zacchio, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council schedule a Public Hearing for December 3, 2009 at 7:00 p.m. to amend the Retirement Plan for the Board of Education and the Retirement Plan for Police Officers, Non-Organized Employees, Public Works Employees and Dispatchers of the Town of Avon, as defined in the Town of Avon, Connecticut Code of Ordinances.
Mrs. Samul, Messrs: Carlson, Pena, Zacchio, and Shea voted in favor.
09/10-40 KBE’s 50 Ways Projects: Countryside Park: Glenn Marston
The Director of Recreation and Parks reported on the Countryside Park initiative. The condition and the surrounding area around Countryside Park have been looked at over the last few years. A resident, Rick Walker, offered assistance through his Church group; that fell through. The Unplugged Learning Project kindly picked up this project and it has gained steam. Mr. Jeter has provided guidance as well. Kaestle Boos Associates did an overall plan on the property. This might not be the time to expand the facility but simply take care of what is there. KBE Corporation, decided with their grant program, to take a look at this project and complete some evaluations on the building and get some estimates so the Unplugged Learning Project could go out and solicit some funds. The
estimate received from KBE Corporation is nine days old and is not plugged into the general fund budget at this point.
Mr. Zacchio stated that it is a great park, and once was the only park. The Council concurred that the Director of Recreation and Parks move ahead with his plans.
09/10-41 Review, Discussion, and Approval: Connecticut Product Stewardship Council
The Superintendent of Solid Waste reported on product stewardship. He and the Assistant Town Manager attended the inaugural meeting of the Connecticut Product Stewardship Council last month. He ran across product stewardship by attending a meeting for electronics recycling about six months ago; ways to possibly handle hard to dispose of items that the Town now has to pay for versus product stewardship which puts the producer in line to take care of it. An example is the electronics recycling which is a law to be implemented in August 2010, already started at the Landfill this past July. The next initiative will be oil-based paint and there should be a savings to the Town; approximately 35% of our hazardous waste collection is tied up in oil-based paint. Mr. Zacchio inquired about an appointee
to the Product Stewardship Council. The Superintendent of Solid Waste offered to be the appointed member. Ms. Samul asked if there is a membership fee and the response was no. Ms. Samul inquired about saving significant funds in the e-recycling budget aspect so our budget may be a little more in line at the Landfill now. He responded that since August 2009, two to three tons a month in e-waste is being done at the Landfill. Prior to implementing this program we were paying $82 per ton and $125 when the roll off container went out; in addition, the material was actually being buried in the Landfill. People are responding very positively; this was in the October newsletter. The Assistant Town Manager added that when the law goes into effect next July, access to e-waste recycling must be made free to residents. Public Works will review the revenue and expenditures of the Landfill and how to accommodate the law with what we sell; will
come back to the Council in the coming months.
On a motion made by Mr. Shea, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accepts the letter of agreement that allows the Town of Avon to become a member of the Connecticut Product Stewardship Council.
Mrs. Samul, Messrs: Carlson, Pena, Zacchio, and Shea voted in favor.
09/10-42 Approve Resolution: Accept a gift from the estate of Patricia Waltock to
bequeath $188,206.05 for the St. Ann Church, Town of Avon Food Pantry
The Assistant Town Manager reported that Ms. Waltock passed away last year and in her will she gave the St. Ann Church of Avon Food Bank 20% of the value of her estate. Clarity was needed as St. Ann Church of Avon Food Bank does not exist as an entity. In working with St. Ann’s, the Town Attorney, and Ms. Waltock’s attorney, the agreement was revised so that the town who is the operator of the Food Bank would be the one to accept the gift and St. Ann’s Church as the provider of the space would not accept any part of the gift. This was all signed a week ago. Once the Council passes the resolution and the funds are turned over to the Town and we can begin the process of determining how to best setup a program to invest the monies and manage it so the Food Bank can be supported.
Mr. Shea added that it was the good work of Jim Martino and Father McHugh and that letters under the Town Manager’s letterhead be sent out complimenting them on good counseling; in addition send a letter to the executor of the estate. The Town Manager stated that Ed and Pat Waltock were very involved with the community in a variety of ways.
On a motion made by Mrs. Samul, seconded by Mr. Zacchio, it was voted:
RESOLVED: That in accordance with Town Charter, Section 4.3.2(1), the Town Council hereby accepts a gift of $188,206.05 from the estate of Patricia Waltock for the purpose of operating the Avon Food Bank that is housed at St. Ann’s Church.
Mrs. Samul, Messrs: Carlson, Pena, Zacchio, and Shea voted in favor.
09/10-43 Contract Award: Mini Excavator, $73,433.36
The Assistant Town Manager reported that the check for the mini excavator is written by CRCOG. The mini excavator is to be used for the maintenance of the Farmington Valley Trail. Mr. Zacchio inquired about the brand name. Mr. Martin responded Takeuchi and all the machines were brought in. It met or exceeded all of the requirements.
On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council award the contract to KAZ Equipment, LLC of South Windsor, CT, based on their low bid in an amount not to exceed $73,433.36.
Mrs. Samul, Messrs: Carlson, Pena, Shea and Zacchio voted in favor.
09/10-44 Approve Resolution: STEAP Grant, $200,000
The Assistant Town Manager reported that the Town was awarded a second round of funding this year in the amount of $200,000 for the Town Center project. The plan is to get to Woodford Avenue by Thanksgiving with everything and weather dependent continue down to Route 10 with preliminary thought to do south side of the same stretch with the next $200,000.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
WHEREAS, pursuant to CTS 4-66G, the Connecticut Department of Economic and Community Development is authorized to extend financial assistance for economic development projects; WHEREAS, it is desirable and in the public interest that the Town of Avon make an application to the State for $200,000 in order to undertake the decorative lighting and sidewalk plan in the village center and to execute an Assistance Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE Town Council
1. That it is cognizant of the conditions and prerequisites for the state financial assistance imposed by CTS 4-66G
2. That the filing of an application for State financial assistance by
the Town of Avon in an amount not to exceed $200,000 is hereby approved and that the Town Manager is directed to execute and file such application with the Connecticut Department of Economic and Community Development, to provide such additional information, to execute such other documents as may be required, to execute an Assistance Agreement with the State of Connecticut for State financial assistance if such an agreement is offered, to execute any amendments, decisions, and revisions thereto, and to act as the authorized representative of Town of Avon.
Mrs. Samul, Messrs: Carlson, Pena, Shea, and Zacchio voted in favor.
09/10-45 Supplemental Appropriation: State of CT Department of Education
Youth Services Bureau Grants, $20,250
The Town Manager reported that this is a grant that the Town has received the past several years to fund the staffing of the Youth Services Bureau. The grant money has arrived and it is not included in the current budget, but it will be included in the FY 10/11 budget so we will not have future supplemental appropriations.
On a motion made by Mr. Shea, seconded by Mr. Zacchio, 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, Intergovernmental, Youth Services Bureau Grant, Account #01-0330-43383 in the amount of $20,250.00 and increasing:
APPROPRIATIONS
General Fund, Human Services, Service & Consultant, Account #01-4203-52184 in the amount of $20,250.00 for the purpose of funding expenditures, which will be reimbursed through approved State of Connecticut Department of Education Youth Services Bureau Grants.
Mrs. Samul, Messrs: Carlson, Shea, Zacchio, and Pena voted in favor.
VIII. TOWN MANAGER’S REPORT/MISCELLANEOUS
Misc. A Construction Update – The Assistant Town Manager gave an update on construction activities. Walls are up at the salt shed and paving the interior today; cover arrives early next week and starts being constructed on November 12th. Deepwood Drive sewer installation is moving along with some concerns from residents in the area and other unforeseen construction issues. Most of the drainage is in at New Road; milling to begin at the end of next week with overlay to follow. Mr. Shea questioned if Costello was the contractor at New Road; the response was no, he has the crack sealing bid. Related to the New Road millings is the temporary parking lot at the library and the suggestion is being made not
to go forward with that. The Assistant Town Manager responded while it would be nice to have for some functions, it will be taken up again next summer when construction starts and it is getting late to put in plantings to screen it as requested by Planning and Zoning. The Council asked what would be done with the millings. The Town Manager responded that they could be saved and used in other needed areas. Mr. Shea asked why we would not put in a temporary library parking lot. The Assistant Town Manager responded that it will take some staff time to get done which would not occur until Thanksgiving or later. A concern is residents asking why we are spending time and money on this just to turn around and take it back up. The Library Director said there will be times it would be helpful to have it, but can live without it knowing that the entire project will start in six to eight months.
Misc. B Purchasing Update – The Assistant Town Manager provided an update on purchasing activities; no specific items were discussed in detail.
Misc. C Jeff Pelletier, Police Officer – retirement gift/donation request – The Town Manager reported that Officer Pelletier is entitled to a chair upon his retirement, however, has requested that we take the funds, approximately $300, and make a donation to the Gifts of Love. The policy could be modified to reflect this as well and will be brought back before the Council at a future meeting. Mr. Shea requested a letter under the Town Manager letterhead be sent to Officer Pelletier thanking him for the donation.
Misc. D Resignation of Youth Services Professional – The Town Manager reported that Kim Pikor, the Town’s Youth Services Professional, is resigning effective today; existing staff will be used to fulfill her duties until a replacement is hired.
- The Town Manager reported that an H1N1 flu clinic was held at the Company 1 firehouse today from 5:00 to 8:00 p.m. for eligible individuals. There was prior planning with an anticipation of 500 people; 280 reservations were filled; a police officer was being stationed there; and a Public Works employee was available in the building for logistic purposes. Mr. Pena questioned if there would be another clinic. The Town Manager responded that there will be one in Farmington. There is a lot of comment and criticism in how this is being managed.
- The Town Manager reported that the Quarterly Financial Report is included in the Council’s folder. The budget is pretty much on target in most areas, slightly behind in building fees and interest on investments. There will be a large building fee which will show up shortly on the 103 units of elderly house being built in Avon Park South. There are more partial tax payments coming in, both commercial and residential. Ms. Samul questioned if the projected revenues from the Town Clerk’s office are solid. The Town Manager reported that the million dollar homes are moving, seven or eight in the last 60-90 days.
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 8:55 p.m. to discuss personnel and land negotiations.
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 9:30 p.m.
Mrs. Samul, Messrs: Carlson, Pena, and Shea voted in favor.
X. ADJOURN
The meeting was adjourned at 9:30 p.m.
Attest:
Caroline B. LaMonica
Clerk
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