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Town Council Minutes 01/07/2010
AVON TOWN COUNCIL
MEETING MINUTES
January 7, 2010

I.          OATH OF OFFICE

The Town Clerk gave the oath of office to the members of the Town Council, Mrs. Samul, Messrs: Zacchio, Pena, and Evans.  Mr. Shea was absent.

II.     CALL TO ORDER

The Town Clerk called the meeting to order at 7:30 p.m. at the Avon Town Hall, in the Selectmen's Chamber.

III.    NOMINATIONS AND ELECTION OF COUNCIL CHAIR

The Town Clerk called for nominations for election of Council Chair.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council elect Mark Zacchio as Council Chairman.
Mrs. Samul, Messrs: Pena and Evans voted in favor.  Mr. Zacchio abstained.

Chairman Zacchio thanked the Town Council members for their vote of confidence and looked forward to serving with the Council another two years.

IV.       PUBLIC HEARING

09/10-47        Acceptance: Nod Road Easements

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

Notice is hereby given that the Avon Town Council will hold a Public Hearing on Thursday, January 7, 2010 at 7:30 p.m. in the Selectmen’s Chamber, 60 West Main Street, Avon, Connecticut to permit all interested persons to speak on the plan to accept conveyance and assignment to the Town of Avon, for highway purposes, from the State of Connecticut, Department of Transportation.

Those certain easements situated in the Town of Avon, County of Hartford and State of Connecticut, and bounded and described as follows:
        1. Located on the westerly side of present Nod Road containing 1,591 square feet.
        2. Located on the southerly side of Nod Road, containing a total area of 1,554 square feet.
        3. Located on the northwesterly side of present Nod Road, containing 2.927 acres more or less.
All of such easements are more particularly shown on maps on file in the Avon Town Clerk’s Office.
Dated at Avon, Connecticut this 22nd day of December, 2009.
Philip K. Schenck, Jr., Town Manager"

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council close the Public Hearing.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept conveyance and assignment to the Town of Avon, for highway purposes, from the State of Connecticut, Department of Transportation certain easements situated in the Town of Avon located on the westerly side of present Nod Road containing 1,591 square feet, located on the southerly side of Nod Road containing a total area of 1,554 square feet, and located on the northwesterly side of present Nod Road containing 2.927 acres more or less.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

V.       MINUTES OF PRECEDING MEETINGS:   November 16, 2009 Special Meeting
                          December 3, 2009

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept the November 16, 2009 Special Meeting minutes as submitted.
Mrs. Samul, Messrs: Zacchio and Pena voted in favor.  Mr. Evans abstained.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council accept the December 3, 2009 meeting minutes as submitted.
Mrs. Samul, Messrs: Zacchio and Pena voted in favor.  Mr. Evans abstained.

VI.      COMMUNICATION FROM AUDIENCE

Duncan Broatch, 6 Far Hills Drive, owner of Summit Hydro, LLC reported that with the Collinsville Hydroelectric Projects the First Selectman in Canton is going after a bill in Washington to grab two licenses that he has.  He reported that he worked very hard to get these two licenses for these projects and for reasons beyond his control he did not make certain deadlines and start construction so the licenses were terminated by the Federal Energy Regulatory Commission (FERC).  He reported that he was working on a bill in Washington to get his licenses back.  He reported he met with the First Selectman in Canton and asked Mr. Barlow if he would help him to get this bill passed in Washington.  He further reported that Mr. Barlow’s response was that he thought he could but he turned around and found out that he could try to get a bill passed in Washington to get his licenses transferred directly to the Town of Canton and cut him out of the whole deal.  He distributed a handout which is attached and made part of these minutes, along with a copy of his letter to the Town Council.

Chairman Zacchio reported that the Town Council does not have any regulatory authority over the licensing from the federal side.  Mr. Broatch agreed.  He reported that Mr. Barlow had come in and explained his pursuit to redevelop the projects to the Town Council and the Town of Avon responded with their support.  He requested for the Town Council to send a letter to Mr. Barlow with their dissatisfaction on how he is going about on getting the licenses.  Chairman Zacchio responded that he empathizes with Mr. Broatch’s plight.  He questioned Mr. Broatch if there was a point when he was working with FERC to get his licenses back and why they would not have honored such.  He further added that he still supports the project while not liking what has been heard and it’s difficult for the Town to consider not supporting a project of which the Town is a silent partner, in as it could be done with or without the Town’s support although one end of one of the dams is on the Avon side.  Mr. Broatch responded that every hydro project in the United States has to be licensed by FERC and he did obtain those licenses after twelve years of work and had four years to start construction; however, He did not start construction during that timeframe due to many things there were beyond his control that he was working diligently on, like financing, final design, and DEP approval for leasing the dams, so the licenses were terminated.  He added that before the licenses were terminated, he was down in Washington working with a Congressman on passing a bill that would bring these licenses back to him and extend the construction start dates.  There is another bill in Washington that Mr. Barlow is working on with Congressman Murphy to bring the licenses back to Canton.  Mr. Pena questioned if this is documented as far as Mr. Barlow and Congressman Murphy knowing that Mr. Broatch was trying to get these licenses back.  Mr. Broatch responded that he was working with a staff member in Congressman Murphy’s office on getting the bill passed, but the staff member left for another job around the same time Mr. Barlow came in and asked Congressman Murphy if he would do a bill for him.  Chairman Zacchio reported that there is confusion on the licensing side of it but out of the Town of Avon’s jurisdiction.  It would be hard not to support a project that is obviously going to be good for our community and environment.  Chairman Zacchio reported the Council will take this under advisement and the process is very much in the early stages and as it goes forward will certainly keep under advisement.  Mr. Broatch reported that he wanted to make the Council aware of how the Town of Canton and Mr. Barlow are handling this situation.  In his opinion, municipalities should not be messing with hydro anymore than they should be opening a pizza parlor; many municipalities have failed with these projects and the Council might decide to have a private company do it and collect the property tax received from the project.

Nancy Anstey, Executive Director, Farmington Valley Visitors Association (FVVA), reported that she has prepared a comprehensive folder for the Council that has all the background information and statistics on where the Guide to Farmington Valley goes, things going on, and bullet points for 2010.  Mrs. Anstey reported one big success in 2008-2009 was the collaboration with Simsbury Main Street partnership and the Farmington Valley Trails Council to create a new and improved guide to our greenway system.  The Association used to have a folded map, but now have a spiral bound, full detail trail map which was funded through a Preserve America Grant.  She further reported that there is a new 2010 Guide to the Farmington Valley and Seasonal Getaway brochure.  One of the Association’s missions is to promote the Farmington Valley businesses in any way they can.   The Association has created a seasonal getaway package that runs 365 days a year.  All area lodgings do discount room nights and at any given month there are 30-35 businesses in the area who give discounts.  One of the most popular programs is “Warm-up to Winter” including 2-for-1 skiing at Sundown, 2-for-1 rentals at Sundown, 2-for-1 ice skating at International Skate, and 2-for-1 cross country at Winding Trails.  In order to take advantage of this program one has to check into a property for one night.  This program which runs through March 31st was marketed in a newspaper insert starting in December and as of today there are 5,200 requests for this brochure.  Mrs. Anstey reported there is a brochure included in the folder on the Association’s signature fundraising event, the haunted miniature golf at the Farmington Miniature Golf and Ice Cream Parlor.  The Association is a private, non-profit organization and do not receive state or federal funds.  Their funding comes from membership dues and from businesses, towns, corporations, and fundraising.  The Association’s major fundraiser is the haunted miniature golf and will come out with a “March Madness” this year.  She reported that in terms of state government, the Governor and the Legislator have slashed the state tourism budgets to next to nothing; as of January 1st, the five districts are now three.  The Central Regional Tourism District of which Avon is a part of now has 65 towns that it promotes with a budget of approximately $300,000.  The other two private, non-profit organizations have gone under leaving the FVVA as the only in the state of Connecticut and only one that can go out to the Farmington Valley.  The Governor has put a moratorium on all state advertising and marketing for two years so it’s up to the region and Association which will do its part.  Mrs. Anstey added that the Council has been very generous to the Association in the past and hopes that they will continue to do so.  Chairman Zacchio thanked FVVA for the hard work and service that the Association provides to the Town.

Adam Lazinsk, 88 Deepwood Drive, reported that the Town is approaching budget season and requested the Council to consider reinstating brush pickup.  He reported that we live in a wooded community and he is not the only homeowner with a lot of trees on his property that generate a lot of brush and he tries to keep his wooded area neat.  He further reported that spring brush pickup has always been a convenient way to get rid of it for him and his neighbors.  Mr. Lazinsk reported now his neighbors bring their brush and dump it into their wooded area which abuts his property and becomes an unsightly issue for him and perhaps a remote a fire hazard and becomes a public safety issue.  Mr. Lazinsk reported that at this time of year the Public Works Department conducts their Christmas tree pickup and it is a service that he doesn’t use.  In closing he stated that he would like to see the brush pickup reinstated and would use the service.  Chairman Zacchio responded that Mr. Lazinsk isn’t alone with this request.

VII.     COMMUNICATION FROM COUNCIL

Chairman Zacchio reported Mr. Shea had hip replacement surgery with a few complications however, he will have a full recovery and sends his regrets for not being in attendance tonight.  Chairman Zacchio welcomed Brandon Robertson, the newly appointed Town Manager.

Mr. Pena welcomed Doug Evans to the Council and look forward to working with him.

Mrs. Samul reported that she had the privilege of representing the Council at an Eagle Scout Award and also the lighting of the menorah on the Town Green and which was appreciated by various people.

VIII.      OLD BUSINESS

08/09-48        Review and Discussion:  Proposed St. Matthews/AT&T Cell Tower

Steve Kushner, Director of Planning and Community Development reported that the final ruling by the Siting Council was on October 8, 2009 which was very clear that it approved a tower for AT&T, a tower type called a monopole, and require antennas be flush mount.

Mr. Kushner reported that there were three different locations that were discussed during all deliberations that the Siting Council considered, of which the record refers to them as locations #1, #2, and #3 and the Siting Council was very specific in approving location #3.  All parties were a little surprised because there was not a lot of discussion regarding this location and it was offered by AT&T as a clearer alternative and not stated as a preference.  The Siting Council tried to do the best job they could in weighing all the different locations and looking at the impacts of each location and location #3 was chosen.  As part of the ruling, the Siting Council said that AT&T was to work with the Town of Avon on a few remaining issues to help address the aesthetics.  Those are not the real big issues in his view and instead where the tower goes and what the tower is going to look like.  The issues relate to the compound as the AT&T describes it which is a fenced enclosure with a house for the building, the equipment building itself, and an overall landscape plan to help beautify the facility.  AT&T took a little bit of time to contact the Town and have those meetings as they were having ongoing discussions with the Church regarding the location.  AT&T had a surveyor stake out location #3.  He had an opportunity to have discussions with Church representatives who are not happy with location #3 which is pretty close to the parsonage.  An alternative agreed to by AT&T and the Church is about 50 feet north of location #3.  He distributed photos to the Council which included the type of building that AT&T would like to use, not something you would normally see in the backyard of a single family residential home; the type of fence enclosure proposed to be used.  These are items that the Siting Council ruling indicated that the Town has some participation in.  He included a photo of an AT&T installation on Lovely Street in Unionville and was discussed in testimony during the Siting Council process.  Chairman Zacchio questioned if the pole as illustrated in the photo was what the Town would expect to see.  Mr. Kushner responded yes and it would be painted as close to the color of the trees.  Photos illustrating three different utility installations in the Town, done by the Avon Water Company and Planning and Zoning Commission has jurisdiction over, are examples of residentially scaled style buildings.  Photo illustrating where Location #3 would be situated near the parsonage.  A plan illustrated three homes that if the tower is moved 50 feet north, will have significant views of the tower.  A plan from AT&T’s record shows Locations #1, #2, and #3.  A plan handed to him in the field on December 8, 2009 which shows the revised location for the tower and revised location for the equipment compound.  The equipment compound area in that shifted location has some impacts that are different than where the approved location is to a house owned by the Grant residence.

Mr. Kushner reported that he spoke to the Town Attorneys and made a call this afternoon to the Connecticut Siting Council staff to try and obtain an answer from them on how much latitude the Council will allow of a phone company to make changes and a crystal clear answer was not received.  He spoke to the Connecticut Siting Council Executive Director who indicated that if the warning the Siting Council uses in their motion is specific to a particular location it would be more likely that the Siting Council would be stricter in not permitting changes that they deem to be substantial.  The Executive Director would not commit one way or another and did not define what substantial meant.  The Town Attorney’s office gave guidance indicating cases where the Siting Council has authorized minor changes.  The comment made by the Siting Council Executive Director this afternoon that the Siting Council would be influenced by the Town Council’s thoughts on this matter if the Town wrote to the Siting Council.  The Town Attorney’s office reminded him that the ruling is quite clear that AT&T gets to build a tower, can build a tower at this moment of the type they chose which is the single monopole and build it in Location #3.  The Town is directed that before AT&T prepares their D&M Plan, AT&T should receive input from the Town.

Mr. Kushner reported on two options which arose out of a meeting with several homeowners on December 10, 2009.  These options were: 1) that the Siting Council directs AT&T to build a tower precisely where it was approved in Location #3 and that AT&T work with the Town to address the aesthetics of the now proposed concrete building with chain link fence.  He reported that AT&T should hire a landscape or licensed architect to design a nice residential structure as this would be the Town’s expectation and 2) that AT&T would be allowed to build the tower where they have now renegotiated the revised location with the Church, however, since the new location presents impacts to certain homeowners different than what the Siting Council saw initially including the three homes on Cold Springs that AT&T should step up to the plate and do some additional mitigation to include substituting a flagpole style design for the monopole which is not in the order right now.  He reported that perhaps AT&T could take their facility and put it underground which was discussed at one of the public hearings in New Britain and the answer by a Siting Council staff member was yes it is technically possible but to their knowledge had not done it in the State of Connecticut.  Chairman Zacchio questioned if AT&T could mitigate the tower effectively in Location #3 without underground.  Mr. Kushner responded that underground would be less intrusive.  Mr. Pena questioned if something goes underground there is a maintenance factor.  Mr. Kushner responded that underground is much more expensive to build and somewhat more expensive to maintain, along with some drainage issues, which is why it is not normally offered.  Mr. Kushner reported that it is unclear what the Siting Council will require as a result of their changed location.  Mr. Pena questioned the order of importance of the issues.  Mr. Kushner responded that a flagpole versus the monopole would be the greatest improvement.  Mrs. Samul reported that there are some changes that would be appropriate for the Town Manager with Mr. Kushner to address in a letter to the Siting Council expressing the Town Council’s dismay in where it actually is and desire to have it mitigated.  The Town Manager agreed and reported that with the cell towers they do not follow the normal planning and zoning process and are exempt.  The Siting Council has taken into account the input of the local legislative body when it comes to specific requirements regarding the sighting of those towers; the letter would certainly give that serious consideration.  Mr. Evans questioned if the issue with the neighbors is the current proposed location.  Mr. Kushner responded yes as there is a concern that there was a ruling issued by the Siting Council after many months of hours and time invested and should live up to the ruling and there are impacts to a property on Cold Springs.  Mr. Evans questioned if there is another location not yet discussed that could be lived with.  Mr. Kushner responded no as it’s a finite piece of property; revised Location #3 has an impact to surrounding properties.

Peter Wiese, 240 Lovely Street, reported as a party to the proceeding before the Siting Council and thanked the Town Council for its continued support of the opposition to the tower and Mr. Kushner for his hard work put into this.  He reported that it was approximately one year ago when this item was presented before the Planning and Zoning Commission and Town Council; a highly contested administrative proceeding.  Mr. Wiese reported his recollection is that the Town has expended in excess of $20,000 for legal costs in addition to all the costs by Mr. Kushner and hours by Mr. Wiese and his neighbors.  Mr. Wiese reported the case was mitigated over four long days and the evidence presented to the Connecticut Siting Council was very detailed and a detailed decision was issued.  During the course of those proceedings there were three locations that were looked at on the Church property.  Mr. Wiese reported that it’s ironic that the location where AT&T now wants to put the compound is approximately Location #2.  One of the biggest reasons why the Siting Council did not choose that as the location was because the Church said no.  The Siting Council found Location #3 to be the appropriate place for the tower and compound and no appeal was taken at the Superior Court nor a motion or request to reconsider the decision made by the Siting Council.  Neither he nor his neighbors did not like the decision but went through the process and were going to live with it.  Yet on their own, AT&T is going to change the rules without requesting permission of the Siting Council or asked the Town to sit down and negotiate with them.  If AT&T is willing to build a flagpole option and place the facility underground these items would be acceptable by the neighbors.  The Siting Council told AT&T to design a building that was a New England type architecture and could put it underground and in one building and what is being presented is unacceptable.  Mr. Wiese requested the Town Council to tell the Siting Council it has all been decided and it should be Location #3; however, if the compound would go on Location #2 then the facility should be underground.  Mr. Wiese added that it is not so much the distance from Location #2 and #3 but the elevation as there is a ten foot difference.  Chairman Zacchio reported that the Town Council does not have authority over the Siting Council and essentially what will be worked into the letter to the Siting Council.  Mrs. Samul questioned if AT&T would do a residential structure on the site.  Mr. Kushner responded that an AT&T representative indicated to him that they would have no issue building a residential structure, however Mr. Kushner’s recommendation to the Town Council would be to ask AT&T to hire a licensed architect.

09/10-18        FY 10/11 Budget: Town Council Budget Workshop Schedule:
                Recommended Date: Saturday, February 27, 2010 at 8:00 a.m.

On a motion made by Mr. Pena, seconded by Mrs. Samul it was voted:
RESOLVED:   That the Town Council approve the Budget Workshop Schedule for Saturday,  
                          February 27, 2010 at 8:00 a.m. in the Selectmen's Chamber
                         8:00 a.m.       Budget Overview
                         8:30 a.m.       Library
                         9:00 a.m.       Fire Department
                         9:30 a.m.       Break
                         9:45 a.m.       Police Department
                       10:15 a.m.       Public Works & Parks
                       10:45 a.m.       General Government
                       11:15 a.m.       Public Safety (except Fire and Police)
                       11:45 a.m.       Health /Social Services
                       12:00 p.m.       Lunch
                       12:30 p.m.       Recreation
                         1:00 p.m.       Conservation & Development
                         1:30 p.m.       Engineering / Sewers
                          2:00 p.m.       Break
                         2:30 p.m.       Special Revenue funds / Capital Improvement Program
                         3:00 p.m.       Adjustments, wrap-up -Adjourn
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

09/10-33       Appointment: Avon Youth Services Advisory Board (R-12/31/09)

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council table agenda item 09/10-33 Appointment: Avon Youth Services Advisory Board to the February 4, 2010 meeting.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

IX.      NEW BUSINESS

09/10-54        Resignation:  Board of Education

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council accept with regret the resignation of Douglas Evans from the Board of Education.
Mrs. Samul, Messrs: Zacchio and Pena voted in favor.  Mr. Evans abstained.

09/10-55        Resignation:  Park & Recreation Commission

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council accept with regret the resignation of Douglas Evans from the Park & Recreation Commission.
Mrs. Samul, Messrs: Zacchio and Pena voted in favor.  Mr. Evans abstained.

09/10-48        Appointments

BOARD OF EDUCATION (Vacancy)  On a motion made by Mr. Evans, seconded by
Mrs. Samul, it was voted to appoint Stacy Bienat to fill a vacancy to 2011.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

BOARD OF ASSESSMENT APPEALS (Vacancy)  On a motion made by Mrs. Samul                
                        seconded by Mr. Evans, it was voted to appoint Laurie Mensi to fill  
                        a vacancy  to 2011.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

RECREATION & PARK COMMITTEE – On a motion made by Mrs. Samul, seconded  
                 by Mr. Evans, it was voted to appoint Donald R. Droppo, Jr to a two year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted  to appoint  Paul Marioni to a two year term.               
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted  to appoint Peggy J. Roell to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Kathy L. Thompson to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Michael F. Trick to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted to appoint David A. Jadovich to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted to appoint Peter J. Ponsiani to a two year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

NATURAL RESOURCES COMMISSION – On a motion made by Mr. Pena, seconded           
by Mrs. Samul, it was voted to appoint Barbra G. Chester to a four year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Susan May to a four year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Terrence Ryan to a four year terms.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mrs. Samul it was voted to appoint Daniel A. Schwartz to a four year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

WATER POLLUTION CONTROL AUTHORITY – On a motion made by Mrs. Samul,
seconded by Mr. Evans, it was voted to appoint William E. Eschert to a four year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint James Miller to a four year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

PLANNING & ZONING COMMISSION  - On a motion made by Mr. Pena, seconded by  
                        Mrs. Samul, it was voted to appoint David M. Cappello to a four year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

                On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Henry R. Frey, Jr. to a four year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Duane E. Starr to a four year term.
Mrs. Samul and Messrs:  Evans,. Pena and Zacchio voted in favor

PLANNING  & ZONING ALTERNATES -  On a motion made by Mrs. Samul,    
seconded by Mr. Evans, it was voted to appoint Donald Bonner to a two year term
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Elaine G. Primeau to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samuel, seconded by Mr. Evans it was voted to appoint Marianne L. Clark to a two year term.    
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

INLAND WETLANDS COMMISSION – On a motion made by Mr. Pena, seconded by             
                        Mr. Evans, it was voted to appoint Dean S. Applefield to a four year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Martha A. Dean to a four year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to table the reappointment of John R. Logan to the February 4, 2010 meeting.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Clifford Thier to a four year term.      
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

COMMITTEE ON AGING – On a motion made by Mrs. Samul, seconded by Mr. Evans
                       it was voted to appoint Alice Herrmann to a two year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Gloria L. Farrell to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Cynthia R. Hopper to a two year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

YOUTH  SERVICES ADVISORY BOARD – On a motion made by Mrs. Samul,
seconded by Mr. Evans, it was voted to appoint Maria Mozzicato to a two year term as Parent/Community Member
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Lori Stanczyc to a two year term as {Parent/Community Member..
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Kim Pikor to a two year term as Youth Services Professional.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint James Papa to a two year term as School Staff.             
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Nick Stanczyc to a two year term as Student.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Mark Rinaldo to a two year term as Police Chief.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

AVON CLEAN ENERGY COMMISSION – On a motion made by Mr. Pena, seconded
                by Mr. Evans, it was voted to appoint Jamie DiPace to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Brett Eisenlohr to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Samul, seconded by Mr. Evans, it was voted to appoint Olivier Gressier to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Martin Kaplan to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Robert Martin to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Linda R. Meyers to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Bernie Zahren to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Jonathan Craig to a two year term.
Mrs. Samul and Messrs: Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Giorgina Paiella  (Student) to a two year term.
Mrs. Samul and Messrs: Evans, Pena and Zacchio voted in favor

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Diane Zhao (Student) to a two year term.
Mrs. Samul and Messrs: Evans, Pena and Zacchio voted in favor.

CANTON HYDRO PROJECT ADVISORY COMMITTEE – On a motion made by Mrs.
                        Samul, seconed by Mr. Evans, it was voted to appoint Adam Lazinsk to a two year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

                On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Martin Kaplan to a two year term.
                Mrs. Samul and Messrs: Evans, Pena and Zacchio voted in favor.

TOWN ATTORNEY – On a motion made by Mrs. Samul, seconded by Mr. Pena, it was
voted to appoint Dwight A. Johnson as Town Attorney for a two year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

ASST TOWN ATTORNEY – On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted to appoint Murtha Cullina, LLP as Asst. Town Attorney for a  
                        two year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

TOWN TREASURER – On a motion made by Mrs. Samul seconded by Mr. Pena, it was
                        voted to appoint James R. McCarthy as Town Treasurer.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

DEPOSITORY OF TOWN FUNDS – On a motion made by Mrs. Samul, seconded by
Mr. Evans, it was voted to table this item to the February 4, 2010 meeting.
                Mrs. Samul and Messrs: Evans, Pena and Zacchio voted in favor.

INSURANCE AGENT OF RECORD – On a motion made by Mrs. Samul, seconded by Mr. Pena it was voted to appoint USI – Christopher Wardrop, Agent for a two year
term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

NORTH CENTRAL EMS – On a motion made by Mr. Pena, seconded by Mrs. Samul, it    
                was voted to appoint Mark Rinaldo, Police Chief for a two year term.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

CRCOG COMMITTEE REP – On a motion made by Mrs. Samul, seconded by Mr. Pena,
it was voted to appoint Lawrence Baril, Transportation for a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted to appoint Alan Rosenberg, Housing Comm. for a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted to appoint Brandon Robertson, Municipal Service for a two year term.
Mrs. Samul and Messrs: Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted to appoint Richard W. Hines, Community Development for a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

CRCOG REGIONAL PLANNING COMMISSION – On a motion made by Mr. Pena,
seconded by Mrs. Samul, it was voted to appoint Linda H. Keith, Council Representative for a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted to appoint David M. Cappello, Alternate for a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

CRCOG POLICY BOARD – On a motion made by Mrs. Samul, seconded by Mr. Pena,  
                       it was voted to appoint Mark Zacchio, Member for a two year term.
Mrs. Samul and Messrs:  Evans and Pena voted in favor.  Mr. Zacchio abstained.

On a motion made by Mrs. Samul, seconded by Mr. Penna, it was voted to appoint the following as Alternates:  Richard W. Hines, Diane S. Hornaday and Brandon Robertson.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

CRCOG PUBLIC SAFETY COUNCIL – On a motion made by Mr. Pena, seconded by                      
Mrs. Samul, it was voted to appoint Mark Rinaldo, Council Representative for a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

PLAINVILLE AREA CABLE TV ADVISORY COUNCIL (PACTAC) – On a motion        
made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Elaine Primeau to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Rosalie R. Renfrew to a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

CENTRAL REGION TOURISM DISTRICT – On a motion made by Mr. Pena, seconded
By Mrs. Samul, it was voted to appoint Nancy Weiner-Anstey for a two year term.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

CT CONFERENCE OF MUNICIIPALITIES, LEGISLATIVE COMMITTEE – On a
Motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Mark Zacchio, Member.
Mrs. Samul and Messrs:  Evans and Pena voted in favor.  Mr. Zacchio abstained.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Brandon Robertson as an Alternate.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

FARMINGTON VALLEY VISITORS BUREAU - On a motion made by Mr. Pena,        
Seconded by Mrs. Samul, it was voted to appoint Nancy Weiner-Anstey.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

WILD AND SCENIC RIVER STUDY COMMITTEE – On a motion made by Mr. Pena,
seconded by Mr. Evans, it was voted to table the reappointment of Diane E. Field to the February 4, 2010 meeting.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Henry E. Spring.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

CONSTABLE – On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted
                        to appoint Monte J. Hopper.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.                         
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted to appoint Robert M. Propiescus, Jr.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

TOWN COUNCIL REPRESENTSATIVES – On a motion made by Mrs. Samul,
seconded by Mr. Evans, it was voted to appoint Ebbe C. Blomstrand Lakeview Representative.
Mrs. Samul and Messrs:  Evans, Pena and  Zacchio voted in favor.
On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Mary C. Harrop, VNA Representative.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Anona A. Broadman, Senior Citizens Representative.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint David  Bourgard, Volunteer Fire Dept. Representative.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to ap.point Jean Dellamarggio, Secret Lake Representative
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor

DIRECTOR OF HEALTH/SANITARIAN – On a motion made by Mrs. Samul, seconded
by Mr. Evans, it was voted to appoint the Farmington Valley Health District-Avon Health Dept.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Richard H. Matheny, Jr.  MPH Director.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Maura Shea, Town Council Representative.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted to appoint Brandon Robertson, Town Council Representative.
Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

MUNICIPAL AGENT FOR THE ELDERLY – On a motion made by Mrs. Samul,        
                        seconded by Mr.Evans, it was voted to appoint Alan E. Rosenberg.
                Mrs. Samul, Messrs: Evans, Pena and Zacchio voted in favor

EMERGENCY MANAGEMENT – On a motion made by Mrs. Samul, seconded by Mr.
                        Evans, it was voted to appoint James DiPace Director
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

On a motion made by Mr. Pena, seconded by Mrs. Samul it was voted to table the appointment of the Assistant Director to the February 4, 2010 meeting.
                Mrs. Samul and Messrs:  Evans, Pena and Zacchio voted in favor.

09/10-49        Review & Discussion:  Probate Court Consolidation

The Town Manager reported that the legislature recently adopted legislation reducing the number of probate courts.  The Town of Avon has been grouped with Simsbury, Granby, and Canton.  He reported that there have been discussions regarding the implantation of the consolidation.  Simsbury has indicated an interest in housing the Probate Court and in the process of determining whether or not there is space in their town hall and the cost to refurbish that space to meet the requirements.  Items specifically under discussion are the name of the court, the disposition of furniture owned by the Town of Avon and transfer to Simsbury Court.  Until now it appears that Simsbury will be able to reconfigure their space, however if it turns out that they cannot or it becomes too expensive then the private market would be looked at for a location which could dramatically increase the cost involved.

The Assistant Town Manager reported on topics discussed at the last meeting in mid December.  She reported that a court name needs to be selected and two being discussed are Farmington Valley Probate Court and Simsbury Regional Probate Court.  Mrs. Samul questioned if Farmington has expressed interested in using the Farmington Valley title.  The Assistant Town Manager responded that they had not formally yet and would be presented to them at the next probate meeting.  She asked the Council if there was an interest for the Town of Avon to host the court and reviewed the required space to achieve this which the Avon Town Hall cannot accommodate.  She reported that only the open files need to be sent and the records from the last thirty years will be laser-fiched and the State is willing to take all of the other records to the State Library.  Mr. Evans questioned if the host town has to lease space the cost would be shared proportionately.  The Assistant Town Manager responded yes.  Chairman Zacchio reported that if Simsbury has the space to configure it would be financially good for everyone, if space needs to be leased that opens up more discussion.

The Town Manager reported that there is another Probate meeting next week to further discuss and since there is an implementation date at fiscal year 2011 it needs to be planned for now.  The Town of Avon is paying approximately $7,400 for probate services now and in the event there is a more complex transition process those monies will not go far.  The Assistant Town Manager reported two changes being planned for the Court’s budget with an increase to finish laser-fiching at $1,500 and put in a small amount for cost to renovate space in Simsbury.  Chairman Zacchio questioned if the renovation cost would be a one-time expense.  The Assistant Town Manager responded that at this time enough isn’t known to plan for the renovation cost.  Mr. Pena questioned the operational costs.  The Assistant Town Manager responded that the operational cost of the staff is still borne by the court system and the Town of Avon still have its share of day-to-day ongoing expenses and that Simsbury would develop a budget and each town would budget their portion each year and make a payment to Simsbury.  She added that another part of the cost is moving and each town has suggested that it take its own staff and Public Works truck to move items to Simsbury.  She reported that the court needs to be furnished and each town has completed an inventory and how does the Council feel about sending furniture to help outfit the space in Simsbury.  Mrs. Samul responded that Simsbury is more central and the right location.  There was discussion regarding staff needed.  Mrs. Samul questioned the reduction in the number of people and therefore the space necessary should not be the addition of every town.  Mrs. Samul questioned the control that each of the non-host towns has on the input regarding the space that the court needs and is obligated to pay for.  The Assistant Town Manager responded that each town has equal input as long as the court’s basic needs are being met with the space requirements.

09/10-50        Review, Discussion and Approval: Year End Transfers and Appropriations

Peggy Colligan, Director of Finance, reviewed the fiscal year-end transactions for 2008-2009.  Ms. Colligan reported that the goal every year is to have positive operating results which the Town was able to achieve.  In 2008-2009 the Town went through two credit rating actions and one of the management plans that the Town presented was to increase its General Fund fund balance and to increase its Reserves and the Town was able to do both.  In terms of Revenues, the Town had positive tax collections and normally run in excess of 99% and ended up at 99.81% just slightly behind 2007-2008 at 99.93%.  In Revenues, the Town did experience some operating deficit in other areas in Building Permits, Recording, Conveyance, and Interest Income finishing up the year almost $1.1 million under budgeted projections.  The Town still had positive operating results to cover that $1.1 million and that is due primarily to the Closed and Completed Capital Projects that we will be moving in approximately $380,000 and return of surplus equity from Capital Projects Fund in the range of $971,000.  This will increase the General Fund fund balance approximately $300,000 up to a level that will satisfy Moody’s and Standard and Poors at 7.28% which is what the Town projected it would be when we met with the rating agencies in October 2008.  At the same time, there is a recommendation to replenish some reserves for some near term liabilities.  Standard entries are being made where the Town will be experiencing a 27th payroll in fiscal year 2012-2013 and is putting some money aside for other post-employment benefits and future employee pension contributions and adding money to compensated absences, also known as future severance liability.  In 2008-2009 operations the Town and Board of Education did control their expenditures by planned mandatory freezes.  The Town put out a 1% mandatory freeze which returned approximately $95,000 back to the operation.  The Board of Education anticipated approximate $336,000 over-expenditure and were able to cover that with two supplementals, one for an OPM Grant for heating systems for the school district and second for additional funds from ECS revenue receiving more funds from the State than budgeted so that entry was done and approved in the summer.  The Board of Education also received some additional funding in some grants and special education tuition revenues so they are able to absorb all of their expenditures as well.  She reported that there were some slight draw downs in the fund balance.  Some appropriations were put out for Old Farms School property study and appraisal project, New Road demolition, heart and hypertension claim, and the Administrative Services Study which came to approximately $93,000 use of fund balance which is a minimum draw down, slightly lower than 2007-2008 at approximately $96,000.  In terms of transfers for 2008-2009, the amount is approximately $277,547 versus 2007-2008 at approximately $241,000.  In terms of closed and transferred capital projects the Town closed and transferred approximately $380,000 in 2008-2009 at $380,000 versus $108,000 in 2007-2008.

Ms. Colligan reported that the general fund supplemental appropriations from general fund are fairly standard entries including: Police Services for outside construction jobs, a bathroom construction project at Public Works for AMR, funded by AMR/Farmington/Avon, a homeland security grant, and an OPM grant for the school district.  These appropriations need to be approved to close out 2008-2009 with no impact to fund balance and a wash to the budget.  Under supplemental appropriations for other funds, the Town received a STEAP grant for the Town Green lighting program and received additional funds from the state and federal grants for the Board of Education, the Cafeteria Fund and School Facilities Fund with no impact to their respective fund balances and generally a wash to their fund.  From a management’s perspective that the transfer and fund balance transactions are important and some of these are agreed to do with Standard and Poors by increasing our revenues and in light of the factors affecting the budget these are some reserves that can be drawn upon and indicates good financial management; replenishes reserves, including entries previously mentioned, and Public Works equipment auction monies that are rolled back into a designation of fund balance for replacing capital assets to purchase some equipment rather than go to the undesignated and reserved fund balance.  The return of capital projects fund equity of $971,000 to general fund was a management plan agreed to back in September 2009 knowing that the Town was going to the market in October 2009 for the final debt for the High School, Town Hall Renovations, and Middle School project.  This transfer allowed the Town to bring the fund balance up to a level to retain AAA rating and still have some funds left to add to reserves and overall a favorable picture to present to the crediting agencies.  Chairman Zacchio, on behalf of the Council, stated it is a fantastic job by the Finance Department, as credit agencies are very keen on fund and undesignated balances so it is an upward movement as the Town has been struggling for years especially in the economic circumstances to get the fund balance up to their expectations.  Mr. Pena stated that the Town has setup a revenue fund for the police on Avon Mountain and for the cafeteria and he questioned the need for a fund regarding the Pay-to-Play with revenue coming in for that and how it is distributed.  Ms. Colligan responded that that it is being credited to the Board of Education’s pre-paid and revolving fund which does not have a budget appropriation so would never be seen as part of the budgeting process.  Mr. Pena’s concern is with parents paying “x” amount of dollars for sports and verifying how it is being accounted for.  Chairman Zacchio questioned the accounting of how the Pay-to-Play account works.  The Town Manager reported that Ms. Colligan will contact Gary Franzi for more information which will be sent out to the Council and placed on a future agenda, if necessary.  Mr. Evans questioned taking monies from capital projects that were not used and using that money to offset certain accounts for which there was negative balances during the course of the year.  Ms. Colligan responded that when an appropriation is returned back to the project or the fund, most of them go back to the general fund.  She added that a different example would be the high school generator.  The Assistant Town Manager reported that when first planned for the generator the cost would be significantly more than the actual bid price from FIP Construction and we were able to return almost $300,000.  Mr. Evans stated it is an accounting measure and questioned if a transfer is a different thing.  Ms. Colligan responded that a transfer could be something different.  Mr. Evans responded about the Pay-to-Play and his understanding is that all of the money was in fact used to offset costs relating to athletic purposes for school purposes, including uniforms, busing, and equipment.  He added that with regards to timing with some of the money leftover from one particular fiscal year and carried over into the next fiscal year and encouraged Ms. Colligan to seek Mr. Franzi’s input on the item.  Mrs. Samul extended appreciation to the entire staff as everyone cut their budget 1%  to make this balance and that can be significant depending on what department and at what time and also a hiring freeze for a third year in a row.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council hereby recommends that the Board of Finance approve the Fiscal Year End Transactions: Transfers, Supplemental Appropriations, Designations and Appropriations from Fund Balance as outlined in the booklet Final Fiscal Year Transactions FY 2008-2009 and as described in the memoranda from the Director of Finance to the Town Manager.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

09/10-51        Review, Discussion and Approval: Town Policies
                           a.  Town Purchasing Policy No. 3.1
                           b.  Town Council Policy No. 13: Procedures for Constructing Public Buildings

Chairman Zacchio reported that these policy revisions are to get them in line with recently passed Conflict of Interest Policies and align the language to be consistent.  The Assistant Town Manager highlighted the definitions in the Purchasing Policy that come from the Standards of Conduct.  Member Evans questioned the specific exclusion of the Avon Board of Education from the definition of Town Entity.  The Assistant Town Manager responded that the Board of Education has its own policies.  Member Evans questioned why we would want to exclude a member of the Board of Education and allow them to also do business with the Town.  The Assistant Town Manager responded that she would ask the Town Attorney for clarification and if “no town employee” would just cover Town employees or town and Board of Education employees.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council table agenda item 09/10-51 a. and b. to the February 4, 2010 meeting.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

09/10-52       Supplemental Appropriation: Farmington River Enhancement Grant Program:
                 Low Impact Design Guidelines and/or Regulations: $25,000

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council hereby recommends that the Board of Finance amend the FY 09/10 Budget by increasing:
                                                           REVENUES
CNREF, Intergovernmental – Low Impact Design, Farmington River Enhancement, Account #03-0330-43325 in the amount of $25,000 and increasing
                                                           APPROPRIATIONS
CNREF, Low Impact Design, Farmington River Enhancement, Temporary Part Time, Account #03-4939-51014, in the amount of $21,000; CNREF, Low Impact Design, Farmington River Enhancement, FICA, Account #03-4939-51031, in the amount of $3,694; CNREF, Low Impact Design, Farmington River Enhancement, General Service, Account #03-4939-52185, in the amount of $306, for the purpose of hiring a firm and to initiate the project in accordance with the Department of Environmental Protection contract.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

09/10-53        Supplemental Appropriation: JAG Grant: $30,000

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council hereby recommends that the Board of Finance amend the FY 09/10 Budget by increasing:
                                                           REVENUES
Capital Projects Fund (Facility and Equipment), Intergovernmental, ARRA Recovery Justice Assistance Grant, Account #02-0330-43369 in the amount of $30,000 and increasing
                                                           APPROPRIATIONS
Capital Projects Fund (Facility and Equipment), Town CIP-Equipment, Auto External Defibrillators, Radars/Lasers, Account #02-4844-53075, in the amount of $30,000, for the purpose of purchasing seven defibrillators, a radar unit, and a laser unit.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

09/10-56         Resignation: Board of Assessment Appeals

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council accept with regret the resignation of Russell Peckham from the Board of Assessment Appeals.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

The Council requested the Town Manager send a letter to Mr. Peckham acknowledging his many years of public service.

X.    TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A         Purchasing Update – The Assistant Town Manager provided an update on purchasing activities.

Misc. B        The Avon Food Bank

Misc. C        CRCOG Solid Waste Authority Update

Misc. D        Sewer Use Fees

Misc. E        Grants Update: Regional Grant Opportunities

XI.       EXECUTIVE SESSION: Litigation/Negotiation

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 9:50 p.m. to discuss personnel and land negotiations.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

The Town Manager, the Assistant Town Manager, Clerk, Chief of Police, Director of Human Resources, Phil Schenck, and Diane Hornaday attended the session.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council come out of Executive Session at 10:45 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

XIII.         ADJOURN

The meeting was adjourned at 10:45 p.m.

Attest:  


Caroline B. LaMonica
Clerk