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Town Council Minutes 05/06/2010
AVON TOWN COUNCIL
MEETING MINUTES
May 6, 2010

I.          CALL TO ORDER

The meeting was called to order at 7:30 p.m. at the Avon Town Hall, in the Selectmen's Chamber.  Members present: Mrs. Samul, Messrs. Zacchio, Shea, Pena, and Evans.

II.       PUBLIC HEARING

09/10-69       Transfer of Land from the Town of Avon to the Owners of Property at
                       14 Tyler Court

Chairman Zacchio recues himself from this agenda item due to possible personal and business conflicts.  Mr. Shea presided as Acting Chairman for this item.

The Town Manager reported that Council had scheduled this public hearing at their last meeting.  However, shortly after the public hearing was scheduled, it was learned that there were problems with the documents regarding the transfer of the property.  He reported that in speaking with the property owner’s counsel they suggested it was going to take some time to resolve the issues and the Planning staff recommended that we not advertise the public hearing as it was very likely that the documents would not be prepared for tonight.  The Town Manager reported that he spoke to Steve Kushner, Town Planner, today and the documents are now ready and he suggested that the Council reschedule the public hearing for the June 3, 2010 Town Council meeting.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council table agenda item 09/10-69 and reschedule the Public Hearing to June 3, 2010 at 7:30 p.m. to consider the transfer of parcel of land from the Town of Avon to the Owners of Property at 14 Tyler Court.
Mrs. Samul, Messrs:  Evans, Shea, and Pena voted in favor.

Mr. Shea turned the meeting over to Chairman Zacchio.

III.      MINUTES OF PRECEDING MEETINGS:      April 7, 2010 Special Meeting
                                                                                         April 8, 2010

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council accept the April 7, 2010 Special Meeting minutes as submitted.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the April 8, 2010 minutes as submitted.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.

Mr. Evans questioned if the minutes need to be this detailed as it obviously takes some amount of effort from the staff to put them together, is a great job, and they accurately reflect the content of the meetings.  He questioned if Roberts Rules of Order require this level of detail and minutes can be more summarized actions taken by a governing board without having to go to this level of detail and the actual things that are said by and between members or people from the audience are reflected on tapes which are maintained.  He reported that when he votes on the minutes that he does not know if it is exactly verbatim discussions that have taken place during the meeting.  He thought that at some point the Council could have a discussion to consider paring down the minutes in a different format.  The Clerk responded that tapes are only retained for six months and in the past it became apparent to the members of the Town Council that they wanted detailed minutes because of the need to go back historically from time to time.  Mr. Evans added that if the tapes are only stored for six months then he sees the value of having more detailed minutes.

IV.      COMMUNICATION FROM AUDIENCE

Diane Carney, 36 Rosewood Road, reported that at a recent Board of Education meeting there was a long presentation concerning ‘Pay to Play’ sports at the Avon High School.  She reported that several options were discussed to cover the projected $250,000 shortfall including sponsorships.  She reported that the Board of Education didn’t seem very enthusiastic about the subject and one member thought that the Town didn’t look favorably on the issue for various reasons.  She stated that she would like to open a discussion about the feasibility of using sponsorship funds to offset the cost of playing sports that is being forced on parents.  She suggested forming an exploratory committee to investigate the options and opportunities that are offered to towns by having the assistance of local sponsors.  Chairman Zacchio responded that her suggestion was brought to the Council by the Board of Education recently as an idea and he has asked the Town Manager to have professional staff look at our internal regulations to determine what those hurdles might be and what the advantages/disadvantages might be for the Council, for Planning and Zoning to consider, and get a legal perspective.  Mr. Shea commented that it’s tragic that we have ‘Pay to Play’ and it’s a worthy exercise to go through.  He added that he was in the minority at a three-board meeting on this topic which should have started then, hopes to pursue it now and thinks that ‘Pay to Play’ penalizes a lot of families unnecessarily.

Gary Cruz, 133 Regency Park Drive, Agawam, Massachusetts, former employee of the Police Department, reported that he served approximately seventeen years with the Department and on August 3, 2009 he was terminated based on health issues.  He stated that it was his honor and privilege to serve the community and businesses in Town.  He reported that he is here to pose some questions and make some comments concerning the situation the Town now finds itself in and also to request a formal investigation be started into the actions of Chief Mark Rinaldo.  Firstly, to hear the Town Manager, Chief of Police, Town Human Resources Director knew nothing about these issues in the Police Department is beyond fantasy.  He reported that there are records of conversations with the Town Manager, William Vernile, and Chief Rinaldo.  At least as early as March of 2009, he made complaints known through the grieving processes outlining complaints against the Chief similar if not the same as the Union’s stance now.  He filed numerous complaints against the Chief asking for an investigation into his conduct concerning an internal investigation.  In August of 2009, he made complaints to William Vernile during his exit interview.  He sent an anonymous letter to the Town Council with concerns and complaints.  He sent a letter to Mr. Schenck requesting an investigation into the Chief’s actions.  He reported that Dispatcher Dale Swenson spoke with Mr. Robertson concerning her complaints and concerns.  On April 12, he gave nine formal complaints to Mr. Robertson.  That evening he gave a speech to the accreditation board of which he believes two Council members were in attendance.  The next day he handed a list of these complaints to Mr. William Vernile and Town Attorney Michael Harrington.  He reported that a week later Detective Elmore delivered complaints to Chief Rinaldo and Mr. Robertson.  He added that there are some personal relationships that I know and are aware of between the Department and members of this Council.  He added that for anyone here to deny that they were not aware in one form or another is absolutely preposterous.  He reported that the actions of Chief Rinaldo are the reason for these problems.  He did everything within his power to try and settle this using other avenues, however the continued refusal to investigate claims of wrong doing, favoritism, discrimination, and retribution have left me no choice but to pursue with a lawsuit.  He reported that given the actions of Chief Rinaldo there has been a door open to further litigation by numerous other parties.  He reported that the Chief has attempted to influence complainants or witnesses in the case of Dispatcher Marika Reed.  He reported that the Chief arrived at work between 0430 and 0500 hours to speak with her concerning her complaints and made an overture to take her children to a charity function.  He reported that the Chief has approached and lied to Officer John O’Neill in an attempt to deflect his actions concerning the hiring practices.  He reported that the Chief has violated town rules and regulations and installed his choice for Lieutenant.  He reported that this is his complaint against the Chief and demanding an investigation on this.  He reported that Chief Rinaldo’s actions concerning Captain Robert Whitty, it was made very clear by the Chief that he holds Captain Whitty responsible for the problems and in attempt to discredit and attack Captain Whitty, Chief Mark Rinaldo went with Lieutenant Kelly Walsh and Records Clerk Pamela Prado to East Hartford Police Department to view Captain Whitty’s personnel file in an attempt to get some dirt on him.  He added that the Chief was acting outside the scope of his authority for reasons of personal animosity and acting beyond the color of law.  He reported that there is no case involving Captain Whitty or internal affairs complaint which would give the Chief authority to do so.  He added that the Chief’s actions are looking to intimidation and blackmail and this must be stopped.  He reported that given the seriousness of these allegations and investigations that are sure to follow, he demands that the Chief be placed on administrative leave until the outcome of these investigations and that Lieutenant Walsh also be given the same action conspiring with the Chief in these actions.  He thanked the Council for their time.  Chairman Zacchio thanked Mr. Cruz for coming before the Council.  He reported that we are all aware of the letter from the Union and the Town Manager has been in contact with the Union to talk about specifics and there is an ongoing investigation and sure we can appreciate that we will not make comment about that tonight but assured Mr. Cruz that the Town Manager is investigating the circumstances and we are taking the allegations very seriously.

V.       COMMUNICATION FROM COUNCIL

Mr. Pena reported that he attended the Avon Clean Energy Commission last night and their group is going to see about submitting information for the residents in the next Avon newsletter and he suggested reserving space for the Commission and perhaps making the newsletter “green.”  He questioned if the street sweeping is complete.  The Town Manager responded that it is ongoing and he has had a half dozen people in the community approach him about the relationship between street sweeping and treated salt.  He reported that there is certainly a savings that results from using the treated salt because we don’t have to sweep to the same intensity and number of passes but do still have to sweep as part of the Storm Water Management Plan.  Mr. Pena added that if it is mandated we should perhaps contact our legislators elected and see if that can be changed so the town can decide how often the roads are swept.

Mr. Evans acknowledged Jody Goeler, the Board of Education, and more specifically the Teachers’ Union for having reached an agreement to give back a portion of their salary, the increase for the next fiscal year, and for reaching a contract which takes them to the next term going forward for the following three years.  He added that it is good for the educational system in Avon and good for the entire town and they deserve public acknowledgement for that.

Mr. Shea reported that the flags (American flag, State of Connecticut flag, and POW flag) on the town green are weathered, old, and in dire need of replacement and questioned if that is the town’s responsibility.  The Clerk responded that the Town flag would be the Town’s responsibility and the POW flag would be the VFW’s responsibility.  Mr. Shea reported that he would be favorable if it was a monetary issue if we could somehow help out.  He added that it is an awkward conversation but if the Town Manager could approach it at his leisure with how to resolve it and report back to the Council, he would appreciate it.  Adam Lazinsk, 88 Deepwood Drive, reported that he is a member of the VFW Post and if the Town Manager were to reach out to the current Commander Bill Newman it wouldn’t be an awkward conversation at all.

Mrs. Samul reported that she did a ride along with Officer Kassey last week inspecting trucks, etc.  She was impressed with Officer Kassey’s professionalism in how she communicated and worked with the driver of the truck that she stopped.  She added that Officer Kassey has received acknowledgment from both the Salvation Army and the Avon Lions Club for her service and contribution to the community.  Mrs. Samul reported that on June 16th at the Maple Tree Inn in Simsbury the Avon Lions Club will be honoring her and she asked if she would extend an invitation to all Town Council members to join her there that evening.  Mrs. Samul added that she thought Officer Kassey would be sending something in writing to the Town Manager about the details.  Mrs. Samul added that Officer Kassey reflects well on the Town and enjoyed being with her.  The Town Manager responded that as soon as he receives the notice he would distribute to the Council.

Chairman Zacchio reported that he was approached by a few citizens about the intersection at Country Club Road and Lovely Street (Route 177), with rumor of a light possibly going up there at one time and the status on this.  The Town Manager responded that this issue came up last week at a meeting with Jody Goeler regarding the Unplugged Learning Initiative and they raised that particular intersection as being of concern whether there should be a traffic light there.  He added that he would follow-up with Chief Rinaldo.

VI.      OLD BUSINESS

07/08-08       Library Project: Status and Discussion

Chairman Zacchio reported, for those in the audience who were not present at the last Council meeting, it was decided to slow down the library project a little bit and try to realign the project timeline along with the State process around budget being mostly concerned about the $1 million grant from the State Library Board and hoping that we are a little smarter this month than we were last month and by chance he thought we were.  The Town Manager reported that the State of Connecticut adopted a budget yesterday and there is the potential that the adoption of that budget could have a positive impact on the funding for the library.  He talked to our legislative liaison at Connecticut Conference of Municipalities (CCM) today and they indicated that this year it may be a little bit different because there are lingering concerns about the financial stability of the State and long-term debt.  He added that given the fact that the state budget has been adopted it does change the playing field and there is a possibility that it breaks the log jam and this item could potentially be included on the May 28th Bond Commission agenda.  He reported that, in terms of where we were compared to this time last month, the Library Building Committee had cancelled their intervening meetings and there was some work that was continued at the architectural level and with the Construction Manager.  He clarified the work was residual and had begun prior to the last Council meeting, a matter of tying up loose ends on those tasks.  He reported that things are potentially looking better as far as getting this item on the agenda at the next Bond Commission meeting on May 28th with no guarantees.

Chairman Zacchio reported that in their packet is a follow-up letter prepared to be sent off to Lisa Moody, Chief of Staff.  The Town Manager reported that as a result of the Town’s meeting with Bob Genuario and Lisa Moody back in March, we did say that we’d keep the lines of communication open and with the adoption of the budget the thinking is we want to get to them sooner rather than later because the process leading to the creation of the Bond Commission agenda is already starting.  He added that the letter will go out tomorrow and hopefully remind everybody about the importance of this project in getting the appropriation.  He further offered to take a walk over to the legislative building and see if he can get any time with Mr. Genuario or Ms. Moody during next week.  The Town Manager reported that the next step, when we decide to move forward with this, would be to complete construction documents and prepare the project so that it is bid ready.  The Town would work with the Construction Manager (CM) for pre-construction services; the architect would continue to coordinate with the CM and work through the value engineering and design.  He added that in terms of the overall schedule, there is probably two to two and a half months work left to get to that point and depending on the weather we can continue to push the timeline out.  He reported that another thirty days just potentially delays the schedule moving forward by that amount of time.  Chairman Zacchio questioned if we are comfortable with our Construction Manager that most likely the construction environment is probably not going to improve greatly in the next ninety to one hundred eighty days.  The Town Manager responded that it very likely that it would improve that dramatically to have an impact on the prices.

Chairman Zacchio reported that it would seem to be prudent to wait another thirty days and see if the library project will be on the May 28th or June Bond Commission agendas.  He added that he is surprised that the State has a budget at this point and didn’t anticipate that we would for another sixty days.  He is pleased that the State has a budget and they have to have a bond meeting at some point and if there is one scheduled they will not cancel at this point which was a leverage point that was used on the State budget.  He is pretty favorable that the Town will be on the next agenda which will be known very soon.  He reported that the State Library Board has been lobbying for us which is a positive thing and hopes that they will continue to do that as it is important to the Town.  Mrs. Samul reported that the Town will be rewarded if we are patient and give the State the opportunity to include us in the next bond meeting and hold off a few more weeks the way we have.  Mr. Evans reported that we are in the same position as we were at this time one month ago.  He questioned what actions we take that is going to present our needs best in front of the Bond Commission on May 28th.  He questioned if we are better off plowing forward showing that we are going to be as close to shovel ready as we can when it comes up in June or put the project on hold until we have a decision to show the seriousness with which we guard the Bond Commission’s decision.  Mr. Pena reported that his concern at the last meeting was whether or not the budget would be ready.  He questioned the construction timeline if we wait another thirty days.  The Town Manager responded that if it takes another four to eight weeks to complete construction documents and have the project out to bid, it would be late Fall.  He talked to Keith Czarnecki with Enterprise Builders and we shouldn’t be too concerned about the weather.  Mr. Pena reported that waiting another thirty days shows our seriousness in the sense that we do need the funding.  Mr. Shea reported that he was favor of exercising some patience, try to work with a delicate balance of trying to marry this project up with the process, and appreciates where the Town Manager is coming from with the two to two and a half month time period.  He reported that if we wait thirty days the Construction Manager, Architect and Subcontractors, knowing that this is a real project, will move pretty quickly because there is not a lot going on and will see a flurry of activity once you do go forward.

Chairman Zacchio reported that the $1 million grant means a lot to the Council and made a commitment that we’re definitely going to go through with the project and it’s just a matter of timing and some leverage to make sure that we are in a good position to receive the grant that is important to us.  Mr. Shea reported that we are subject to questioning by the public and we have a good response in that we are being protective of the process, loyal to the project, and recognizing the significance of the $1 million grant, and that the greater public in Avon who approved this project will be patient.

Janet Stokesbury, Library Building Committee member, reported that she didn’t think anyone on the Committee is ready to plow ahead without the State grant, however she thinks that Mr. Evans point about being shovel ready possibly ahead of another project will be much better for us with that Bond Commission.  She reported that given we have a couple months of work to do we are not jeopardizing that grant in any way.  She would like to consider to keep going and get the plans done and then we are clearly at a stopping point until that grant and bond is all set.  She reported that there is a value in possibly being ahead of another project as opposed to waiting.  She reported that she keeps going back to, ‘let’s be the next in line’ and be shovel ready and not get an ok and then have our two months of work to do.  Chairman Zacchio responded that he does not disagree but he is concerned that if we do not get the grant and we have gone through this process of all of the construction documents and decide that we have to reel back the size of the project that it will take us a greater amount of time to take that finished product and back track it and make it smaller to find ways to reduce the size of the project.  He added that all along the referendum process it was said that if we do not get the $1 million grant or raise the private funds we may have to scale the project back and it is not a perfect solution to Ms. Stokesbury’s point but it is one that we have all struggled with.  He reported that the Construction Manager and Architect is going to be asked what kind of time or effort it will take to scale it back if we have to make a different choice.  Ms. Stokesbury reported that the Committee has very good indications that this project is going to cost less than we thought and can be done very close to the original plans whether or not we obtain the grant.  She reported that the market is so different from two years ago, so much less and at some levels the project will happen and today we do not have to make the decision about the grant and hopeful that it will happen.

Mr. Shea reported that the extra thirty days will not hurt our position and the most important thing was that it passed referendum, the Town is committed to it, we started a fundraising campaign, hired an architect, engaged a construction manager and although we are not shovel ready we are still in great position compared to the other library projects.  He reported not being concerned so much about the cost of construction but the design and difficulties that come up in design and what if we have to scale it back.  Mr. Shea questioned how the fundraising was going.  Mary Suter, Library Board Director, responded that it is going quite well but you could appreciate that these kinds of delays impact the enthusiasm of potential donors to give to this project at this point and time.  She reported that the fundraising committee is better than three-fifths of the way toward their stated goal and is committed to trying to do more than the stated goal in order to bring this project on budget, whatever that budget ends up being based on the outcome of the grant.  She reported that with regard to the fundraising activities they do not really lend themselves to starting and stopping so for the past thirty days we have continued to work on marketing materials, and printed at a considerable cost; continuing to look at top twenty to twenty-five or thirty prospects for large donations; applied for a grant this week; cultivating four or five other foundations for possible grants; so activities have continued and certainly expect to continue to work on them to meet the goal, and probably exceed it, but having a full commitment from the Council is pretty important to potential donors.  The Council responded that you have that a full commitment.  Virginia Vocelli, Library Director, reported that every month the State Library checks in and asks the Library how far along the construction documents are and over a month ago it was reported that the documents could be done by the end of May.  Ms. Hornaday, Chairman, Library Building Committee, reported that the Committee that you have named has a lot of enthusiasm for this project and wanting to work on it so there is disappointment on their part when they have to keep putting off and they understand that and want to know exactly what the status is and more than ready to move ahead.  She added that it is a wonderful project and the Town is going to be really proud of what we have.  Chairman Zacchio thanked the Committee for its faithful, loyal and enthusiastic participation and will surely see this project through.

09/10-06       Review, Discussion, and Approval: Emergency Medical Services Agreements

The Town Manager reported that Dr. Corrado would be sending a letter outlining his thoughts and talking about next steps and as soon as received he would forward to Council.  Mr. Shea reported reviewing the material presented that was summarized very well and would advise the Council to follow the direction of the Town Manager.  Chairman Zacchio agreed.  He reported that the only item that seems to be outstanding is the Town waiting out the last part of the third ambulance request with AMR and waiting on Farmington regarding space.  Chairman Zacchio questioned if there was any indication of whether that would come through for the Town.  The Town Manager responded that he was not sure yet and Farmington is working on it through their fire departments to find the space.  Mr. Pena questioned if we get periodic reports of ambulance activity/response time.  The Town Manager responded that it was his belief that the Police Department receives such reports.  He added that this issue requires a fairly significant amount of study.  Mr. Shea agreed that someone needs to make this their focus, either in the Police Department or Fire Department or the administrative support person for the Town Manager.  The Town Manager reported that the Chief of Police is running point on this for now.  He concluded that we need to find out what happens with Farmington regarding finding space for the third ambulance.  He would like to get the agreement with UCONN in place for another year, have the five-year agreement with AMR extended for one year with the provision that it be enhanced with the third ambulance Monday through Friday at peak times with a paramedic.  Mr. Shea questioned if Dr. Corrado is in agreement with what the Town Manager is proposing.  The Town Manager responded that Dr. Corrado is in agreement that at least on an interim, temporary basis it is the way to go.  He reported that Dr. Corrado has long-range concerns and looking at what the Town expectations are regarding emergency services that’s a much longer discussion.  He reported that this is the best that we can do given the time that we’ve had so far.  At some point he would like to talk with Council about a potential timeline for something like that as the terms for these agreements will go by quickly and given the nature of that kind of a study the recommendation may be that we continue it for another year while we look at it.  Mr. Shea responded that that conversation would be best served with the Police Department, Fire Department, and administrative support person working together to provide the Town Manager with a recommendation and becomes a more fruitful conversation when presented to the Council. He added that we all have friends or family affected by this and we do not want to end up six months or a year behind.  Chairman Zacchio questioned if the outstanding issue with the space in Farmington precludes us from authorizing the Town Manager to enter into the agreement with UCONN or extending the AMR issue.  The Town Manager responded that there is no issue with the agreement with UCONN, however with the issue with AMR, he gave Council draft language for a letter of agreement in their packets and if Council is on board philosophically with where it is headed he would like to have the flexibility to adapt that language with counsel’s review.

On a motion made by Mr. Shea, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council authorize the Town Manager 1) to execute the agreement with UCONN Health Center for paramedic service for a term beginning July 1, 2010 and concluding June 30, 2011 and 2) to continue negotiation with AMR and UCONN regarding the extension of the AMR agreement that expires June 30, 2010 for a one-year term from July 1, 2010 to June 30, 2011.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

Mr. Shea asked the Town Manager to express the Council’s thanks and gratitude to Dr. Corrado.

09/10-29       Schedule Public Hearing for Central CT Solid Waste Authority Ordinance

Chairman Zacchio reported that this gets the Town in on the ground level with the Center CT Solid Waste Authority (CCSWA) as they develop and give us some options with the CRRA.  The Town Manager reported that the Town has had an agreement with CRRA for the disposal of municipal solid waste and recyclables for many years and expires November 15, 2012.  He added that knowing that this expiration has been coming up for all of the towns that are members of the CRRA Mid-Conn Project, CRCOG beginning approximately one and a half years ago began discussions regarding alternates to CRRA.  He reported that there has been some dissatisfaction in the past expressed regarding CRRA amongst the member communities and the overriding concern amongst the towns is that these are long-term contracts that have significant dollars attached and there should be some due diligence process that the towns go through collectively prior to just continuing an agreement with a current vendor.  He reported that CRCOG did contract with an organization called MSW Consultants that produced a very detailed report that provided an analysis of the current service and outlined various options that the towns could consider collectively.  As a result of that report and further discussions that Dick Hines has been involved with, both at the Executive Committee level and the Policy Board level, the Executive Committee thought that the member towns may benefit from forming a Solid Waste Authority.

The Town Manager reported that by forming a Solid Waste Authority under the statutes it gives the towns the ability to legally exist as an authority, the ability to collectively look for options to CRRA, and potentially could be involved in collectively bidding the service and, subject to the authority, awarding a contract.  He reported that one of the issues that has come up with CRRA in the past has been the municipal representation on the Board as there has been a feeling amongst municipal leaders in the Mid-Conn Project that Mid-Conn is not represented as well as it could be, therefore would get the towns in a more strategic driver seat for what they would like the Authority to look like and how it should operate.  He reported that he spoke to the Town Attorney and the Attorney has been involved in all phases of the development of the ordinance.  He reported that CRCOG circulated a draft ordinance and the Attorney was involved with critiquing and offering suggestions therefore has been reviewed and is comfortable with it.  He added the importance that the adoption of the ordinance does not obligate the town to continue in long-term with this approach and if at some point the Town of Avon should wish to break off with Farmington, Granby, Simsbury and bid our trash, which there is a real benefit to economies of scale, it doesn’t preclude that option.  He checked with Dick Hines who agrees that this is a good approach.  He reported that to date Granby and Bolton are the two towns who have adopted this, although many councils are in discussions about it and it would be useful to adopt it sooner rather than later because once the ordinance is adopted the community can be involved in the creation of the by-laws that will set forth the governance of the Authority.

On a motion made Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council set a public hearing date for the Central Connecticut Solid Waste Authority Ordinance to be held at the June 3, 2010 meeting.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

09/10-48       Appointments

e.  North Central Regional Mental Health Board

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council table agenda item 09/10-48e Appointment: North Central Regional Mental Health Board to the June 3, 2010 meeting.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

VII.      NEW BUSINESS

09/10-76       Road Acceptances
                          a.  Parsons Way                               0.29 miles
                          b.  Okolica Lane                                0.06 miles
                          Total road miles to be accepted     0.35 miles

The Town Manager reported that these proposed road acceptances have been submitted by Larry Baril, Town Engineer.  He reported that the legal documents are in place and roads have been inspected.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council based upon the recommendation of the Town Engineer accept into the Town of Avon’s Highway System: Parsons Way, 0.29 miles and Okolica Lane, 0.06 miles.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

09/10-77       Approve Proclamation: 100th Birthday Greeting for Ernestine M. White

Chairman Zacchio read the proclamation and reported that it would be delivered to Ernestine M. White in her home.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:       That the Town Council, in recognition of Ernestine M. White’s 100th Birthday,
authorize the following greeting be presented to her on behalf of the Town Council:
“GREETINGS
Congratulations Ernestine M. White on your 100th birthday.
On behalf of the Town Council and the Community
of Avon we would like to extend to you pleasant
thoughts and heartfelt wishes for a happy day.
Your 100th birthday is a great day for celebrating.
YOUR 100TH BIRTHDAY
IS A WONDERFUL MILESTONE,
A SPECIAL TIME FOR ENJOYING
ALL THE MEMORIES OF
SO MANY YEARS WELL-LIVED.
HAPPY BIRTHDAY
This recognition was spread upon the minutes of the May 6, 2010 Town Council meeting.”
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

09/10-78       Approve Proclamation: Cornelia de Lange Syndrome Awareness Day

A representative from the Cornelia de Lange Syndrome Foundation reported that the Foundation has been in Avon for many years and nine staff people in the office serve the entire country helping families who have children with this little non-genetic syndrome and provide support to health professionals, education specialists, and anyone else who needs information about the syndrome which goes undiagnosed in about 20,000 people.  She reported that the second Saturday in May is always the National Awareness Day and was very pleased that right here in their backyard they are recognized by the Town and appreciate it very much.  Chairman Zacchio read the proclamation.

On a motion made by Mr. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:       That the Town Council, in recognition of Cornelia de Lange Syndrome Awareness Day, approve the following proclamation:

WHEREAS, the good health and general well-being of the people of Avon, Connecticut is strengthened by our knowledge and understanding of a little-known genetic disorder known as Cornelia de Lange Syndrome (CdLS); and

WHEREAS, children with CdLS are usually born with low birth weight and develop at a slower rate, both cognitively and physically, and experience many medical complications; and

WHEREAS, dedicated professionals are presently involved in valuable research to explore new therapies and diagnostic tools and to offer hope to children with CdLS; and

WHEREAS, an estimated 20,000 children in the United States have CdLS but remain undiagnosed or without support services; therefore, they miss out on critical medical services and support that can impact their quality of life; and

WHEREAS, Avon, Connecticut is pleased to join people throughout our nation in promoting a special celebration which seeks to raise awareness of Cornelia de Lange Syndrome, designed to have a positive and productive impact on the lives of all people with CdLS and their caregivers;

THEREFORE, I, Mark W. Zacchio, as Chairman of the Town Council of Avon, Connecticut, do hereby proclaim the 8th day of May, 2010, as Cornelia de Lange Syndrome Awareness Day in Avon, Connecticut.

Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

VIII.    TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A         Purchasing Update – The Town Manager reported there are ongoing purchasing activities.  He made mention that Xenia Manson, Administrative Secretary II, has really stepped up and done an excellent job running these processes in the absence of an Assistant Town Manager.  A number of bids have already been due and in the process of analyzing them and preparing them for an award and contract.  He reported that responses were received from several vendors for the Pine Grove Playground.  Chairman Zacchio questioned how they looked.  The Town Manager responded that the Director of Public Works is reviewing them and they appear to be fairly competitive.  He added that there is a two-stage process, the first stage is reviewing the vendors that most meet the town’s needs and once identified, then the second stage will be to open the bids and match them up.  He reported that the Clean Energy Commission has discussed the Energy Plan.  Mr. Pena added that the Commission went over the questions and procedure.  The Town Manager reported that the RFP for Animal Control Services is an inter-local agreement with the Town of Canton which is fairly specific resulting in one bidder.  Mr. Shea questioned if it is so specific that you can only have one bidder.  The Town Manager responded that it is specific and not a sole source provider but it is difficult to find bidders for this type of work.  Mr. Shea questioned how the Town of Simsbury does it.  The Town Manager responded that Simsbury has a full-time Animal Control Officer that is in one of the bargaining units.  Mr. Shea questioned how Farmington does it.  The Town Manager responded that he believed they had a contract.  The Town Manager reported that he and the Town Engineer went out last week to look at the Deepwood Drive project.  Mr. Shea questioned if the Town Manager has met with or has the Facilities Management Committee met.  The Town Manager responded no.  Mr. Shea requested that the committee should be meeting three or four times a year.  Peggy Colligan, Director of Finance, added that the Organizational Services Study Committee has met.  Chairman Zacchio reported that the Organizational Services Study Committee is driving some of the Administrative Services Study Committee’s findings and looking into the Facilities Maintenance Study, use that same group had already been formed and had some depth to be able to continue on some of the work of the Facilities Maintenance Study.  Mr. Shea requested that all of these committees need to come in, over the next two or three months at the Town Manager’s pleasure, and have a discussion about where they are at and how they are proceeding, given that no one likes surprises and in these tough economic times we have a difficult time with the capital budget list the way it is.  Chairman Zacchio reported that the committees are doing exactly what Mr. Shea outlined and looking at some of the output of the Administrative Services Study Committee from a facilities maintenance perspective and will give updates prior to the next Administrative Services Study Committee meeting.

The Town Manager reported that the Avon Middle School boiler replacement is part of next year’s CIP and would like to get moving with the engineering on that so the project can be started over the summer.  He reported that the bid for the library is not for moving to a temporary location, just for moving the books back and forth within the library.  He reported that there had been discussions regarding a street sweeping agreement with the Town of Simsbury whereby we would use their street sweeper on our streets but there was language that precluded that in our current agreement with the street sweeping vendor so we have another year on that contract with our current vendor.  He added that when we look at the renewal there could be substantial savings, approximately $10,000 to $15,000, if we contract on an inter-local basis.

Misc. B      Quarterly Financial Reports – The reports were submitted earlier and there were no further questions or discussion.

Misc. C      STEAP Grant Sidewalk Project Status – The Town Manager reported that Clover Construction is really doing a good job with the project.

Misc. D     Route 44/Avon Mountain Construction Status – The Town Manager reported that the project is slated for completion in November 2010 and should not have a problem meeting that.  Chairman Zacchio commented that they are moving really quickly as he passes by twice a day.  Mr. Pena reported that the landscaping has already been completed in a few areas and he questioned if it is the Town’s responsibility for maintenance along that area from then on.  The Town Manager responded that it is a state road and would be responsible for such areas.

Misc. E     Deepwood Drive Sewer Status – The Town Manager reported that you have a nice, quiet residential area with beautiful lawns and the residents have all been very understanding; work is on schedule and seems to be moving along nicely.

Misc. F     FRWA Wild & Scenic – The Town Manager reported that he and Steve Kushner had met with Harry Spring and Joyce Kennedy-Raymes and talked through a number of issues and they submitted a response as we requested on Tuesday.  He added that Mr. Kushner is reviewing it and will follow-up and should be on an agenda again for further discussion at an upcoming meeting probably in June.  Mr. Evans reported that he attended the Open House put on by the FRWA Wild and Scenic, learned a little more about it, and thinks it will be helpful when this topic is brought back before the Council.

Misc.G      Police Department Accreditation – The Town Manager reported that the Accreditation Team from CALEA was on site in early April.  He added that it is a fairly extensive process; the Team spent three days reviewing departmental procedures, talking with command staff, and reviewing policies.  He reported that there was a public hearing on April 12th of which he, Mr. Shea, and Mrs. Samul attended; various comments were made about the Police Department.  He reported that the next step in this process is that the accreditation inspectors will be providing a draft report to the Accreditation Board and then the Board will ultimately make a determination regarding re-accreditation which should happen sometime over the summer.  He added that at this point everything seems to be positive.

Misc. H     Gift to the Board of Education of 2006 Chevrolet Express Van – The Town Manager reported that he spoke to Gary Franzi, Board of Education Director of Finance, about the acceptance by the Board of Education of a van.  He reported that there is a policy in place regarding acceptance of these types of vehicles by the Board of Education, conducted on a yearly basis by the Council with anything that has a value of over $5,000 but since this had just come up and to clean it up it has been sent to Council as an FYI; all documents are in place and Alex Trujillo, Deputy Director of Public Works, inspected the van and it is adequate for its intended use. Mrs. Samul questioned if the van would be solely used for crew.  The Town Manager responded that it was his understanding that it is for a dedicated use.  Mr. Evans questioned if the crew raised the money for the van.  The Town Manager responded that it was donated with a cash value of approximately $5,600.  Ms. Diane Hornaday, in her role as a trustee for her denomination, recommended that churches not use 15-passenger vans as they have a lot of safety issues and for the Board of Education to be aware of.  Mr. Evans responded that the van is being used to transport cargo and supplies, as per Gary Franzi’s memo.  Mrs. Samul questioned where the van would be housed.  Chairman Zacchio responded that there are a number of vehicles that sit outside now, using school parking lots.  Mrs. Samul questioned if they are susceptible to vandalism or pranks.  Chairman Zacchio responded no more than anything else.  The Town Manager responded anytime it is not stored inside it is susceptible to that.  Mr. Shea added that the van would be utilized in spring and fall during the crew seasons.

Misc. I      Simmons Farm-Located on Tillotson Road – The Town Manager reported that the Simmons family farm is located on Tillotson Road.  He reported that the Town of Farmington has a lease agreement with Mr. Simmons for the family’s operation on Farmington’s portion of the property and the Town of Avon has a lease agreement for its portion of the property.  He added that the Town of Avon’s lease is simplistic and Mr. Simmons doesn’t have that many responsibilities, he basically cuts the grass.  He reported that there is a working dairy farm on the Farmington side and it is a lot more complex; the Farmington Town Council appointed a Subcommittee of the Town Council to look into some of these issues.  He reported that they are having extensive discussions about it and finding some areas of noncompliance and working with Mr. Simmons to resolve those issues.  He added that the Subcommittee will eventually make a recommendation regarding next steps to the Farmington Town Council.  He concluded that he doesn’t expect it to impact the Town of Avon’s lease.

IX.       EXECUTIVE SESSION: Litigation/Negotiation

On a motion made by Mr. Shea, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 8:50 p.m. to discuss land negotiations and personnel issues.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

The Town Manager, Attorney Michael Harrington, Don Stern, and the Clerk 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 10:50 p.m.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

XI.         ADJOURN

The meeting was adjourned at 10:50 p.m.

Attest:  


Caroline B. LaMonica
Clerk