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Town Council Minutes 08/05/2010
AVON TOWN COUNCIL
MEETING MINUTES
August 5, 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 - None

III.      MINUTES OF PRECEDING MEETINGS:  July 1, 2010

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council accept the July 1, 2010 minutes as submitted.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.

IV.      COMMUNICATION FROM AUDIENCE

Wendy Howard, 80 Brookridge Drive, gave a presentation regarding the Avon Middle School tennis courts.  The fundraising committee has raised thus far approximately $33,000.  Ms. Howard requested the Town Council for a commitment from the Town to leverage their fund-raising.  Mr. Shea stated the time has come to fix this problem.  Chairman Zacchio advised the committee to talk to the Board of Education to determine if there is a way to be creative to provide seed money and there may be more available from the Town.  Mr. Pena congratulated the committee for their hard work in raising the funds and is supportive of the project as it has been an eye sore for many years.  Mrs. Carney questioned if the committee has looked into the tennis courts at Sycamore.  She was advised of their heavy use by tennis players.

Elizabeth Roosen, 88 Huckleberry Hill Road, thanked the Council for considering her letter that was submitted to the Town Manager regarding banning outdoor furnaces in Avon.  She reported that she has experienced them first hand, not in Avon, and they pose enormous pollution and health problems.  She added that DEP has received 750 complaints so far this year and DEP informed her that banning such furnaces has to be a town initiative.  Chairman Zacchio asked the Town Manager to look into this issue and provide Council with an education on it so they can consider what the issue is.  The Town Manager responded that as of right now there are known occurrences of these furnaces located in Avon and he would work with the Fire Chief/Marshal, Director of Planning and Community Development, and Building Official to make some recommendations.

V.       COMMUNICATION FROM COUNCIL

Mr. Shea reported on the issue with the Board of Education and their policies, procedures, and activities over the past eighteenth months.  He reported that recently the Board of Education was entertaining a process as to how to hire a Superintendent and there has been a series of missteps, poor judgment and decision-making.  He reported that he doesn’t question the motives of the Board of Education, the motives of the Interim Superintendent, but he thinks there is a serious question about the judgments used in the past eighteenth months.  He reflected back in time, roughly twelve to eighteenth months, the Chair of the Board of Education was involved in negotiations with an outside vendor, an insurance company, who was trying to do business with Avon.  He reported that there was some discussion about whether that was proper; the discussion took place, it was an awkward discussion, and he stated that he thought then and still thinks now that the Board of Education Chair should have recues herself as there was no place for anyone to negotiate with an outside vendor when her spouse works for that company.  He reported that the Board of Education at that time pointed to their code of conduct policy that they had and they along with their town attorney said the Chair’s action complied with their code of conduct policy.  He added that in reviewing that against the Town Council’s code of conduct policy, Council found that their policy was extremely weak as it really allowed them to do whatever they want to do whenever they want to do it.  He added that it was no fault of theirs as it probably hadn’t been looked at in awhile as there was no reason to.  He reported that it gave us a chance to put that policy into some perspective as we line it up and mirror it with the Town Council policy.  He added that it was then decided by the Board of Education and Town Council that we should enter into a unified code of conduct policy.  He reported that the Town of Avon spent thousands and thousands of dollars on lawyers to put this together and that code of conduct policy was put in place to eliminate as much risk as possible to the Town of Avon whether it be the Town Council, the Board of Education, town employees, or anyone involved with the town.

He reported that since then the Board of Education has gone about encouraging the Interim Superintendent to apply for the Superintendent’s job and identified the Interim Superintendent as their number one choice and reluctantly gone into a search for a Superintendent after four months saying it is ok to have a town employee be in violation of the code of conduct policy.  He reported that the Town Council’s code of conduct policy was put in place to protect the town, eliminate risk, and it was taxpayer dollars that were spent wisely.  He added that to then go about spending money on lawyers to put waivers in place to allow the Interim Superintendent to apply for the position of Superintendent is in his opinion to be very poor judgment, decision, and really mirrors all the mistakes that were made when they allowed their Chair to negotiate with an outside vendor to do business with the Town of Avon and puts us back in the same place that we were at, exposing us to risk.  He reported that he looks at a series of missteps: the Chair negotiating with the outside vendor, the Board of Education openly trying to violate the code of conduct policy by encouraging the Interim Superintendent to apply for the Superintendent’s job, and the additional taxpayer dollars that has been spent on lawyers by the Board of Education to try and find waivers that can be put up to try to, in his opinion, what will dilute that position and put us at more risk than we are presently at if they were successful.  He reported that those series of missteps and judgments are unacceptable and he questioned the leadership on the Board of Education, the interaction of the Board of Education with the Town Council and town on the code of conduct policy, and the way that the Board of Education is spending taxpayers’ dollars.  He gave an example that when the Board of Education raises dollars for Pay-to-Play and in the same action they take dollars and spend it on lawyers to try to circumvent present town policies that we spend thousands and thousands of dollars on to put in place to try to eliminate risk to the town.  He reported that he finds it disturbing that the Interim Superintendent’s first big decision it appears will be to apply for the job so now he is willingly going in violation of the code of conduct policy that we presently have.

He reported, to further magnify some of the actions that the Board of Education has had recently, it appears that when you are in the minority on the Board of Education you are not allowed to state why you are in the minority.  He reported that he served on the Board of Finance, Town Council, and many different building committees where there have always been minutes taken and when you disagree with the majority you are allowed to state why.  He added that their treatment of their member Houston Lowry when he tried to put in the minutes why he disagreed with them, and his point was thinking that there needs to be a selection process and in violation of town code of conduct policy, included being ridiculed and treated very poorly.  He added that the Board of Education owes Houston and the Town of Avon an apology.  He looks at these series of decisions over a period of time and find the Board of Education a partner of convenience and not working with the town in an effort to try to make Avon the best that it could be; they are doing what they want to do, when they want to do it and spending taxpayer dollars to do so.  He clarified by stating that he is questioning their judgments, not their motives.  He reported that it appears that the Board of Education is in favor of going forward and doing all that they have done 8 to 1.

He asked to hear the Town Council weigh in individually and collectively on these issues and finds it unacceptable for any elected official on any board to say that we are making too big of a deal of this, that we support the code of conduct policy but we want to waive it.  He reported that if Council is together on this after we speak individually then collectively we can send a message to the Board of Education that says these are our concerns:  how they negotiated with outside vendors, the judgment used to encourage a violation of town policy, the judgment used to spend taxpayer dollars on lawyers to try and find waivers, minutes not being taken at committee meetings when a member of the Board of Education disagrees with the majority it appears that they do not want them to be able to state why.  He reported that he read in the newspaper that the Board of the Education Chair says that the Board is allowed to do what we want in relationship to the Superintendent’s position.  He questioned who gave them all of this authority and requested to see on the next Council agenda the topic of an ethics commission and opening up the town charter for review.  He added that the reason for that are the actions of the Board of Education.  He reported that as disappointed as he is in the Interim Superintendent’s decision to apply for the job, he thinks it’s important to mention that he has met with the Interim Superintendent and shared with Mr. Goeler all of his thoughts and feelings, he likes Mr. Goeler very much and thinks he’s a good person and a good educator.  He added that this isn’t about the Interim Superintendent; it is about his decision-making process as to what he decides to do with the Superintendent’s position, but is really more about town policy, how we spend our money, and how we exercise judgment and how we make decisions.  He reported that he wants to have an open debate and discussion with any elected official on any board that thinks this isn’t a big deal or thinks that they can possibly waive a policy and support it at the same time.  He reported that it has been a very disturbing sixty to ninety days, the budget passed May 12th and to date he doesn’t see any activity to try to hire a Superintendent and he doesn’t think it is a stretch to say that going out to look for a Superintendent in the month of September you might not have the pool of candidates you would normally have if you started the process in May.  He concluded that this is a very important position for the town and how we are entering into it is not as gracious as how we are exiting it and is maybe getting a flavor for why David Erwin left as the Board of Education is a difficult group of people to work with.

Mr. Evans responded that we should not debate the issue without the Board of Education present; it should not come up as a non-agenda item, and does not want to comment on anything substantive that Mr. Shea said, I just want to talk procedurally.  He added that if Mr. Shea has issues that he wants to raise about the conduct of the Board of Education, the Council owes it to them to invite them to a meeting, place it on our agenda so they can be voiced and we can have the open debate to which Mr. Shea is referring.  Mr. Shea reported that he does not mind the Board of Education commenting but he is very interested in what facts he has portrayed that are inaccurate and to not weigh in this evening, the people who elect us deserve to hear from us on these issues and thinks it is a bigger deal than some others think.  Mr. Evans responded that he is not suggesting that either it is or it is not a big deal but it is a matter of procedure and does not think Council should have a debate on this without hearing the other side of their story.  He added that Mr. Shea recited facts and he would like to hear from members of the Board of Education on what their views and positions are in regards to the matters that Mr. Shea has brought to Council’s attention, place it on the agenda, and have a substantive discussion about it in a full open environment where we have both sides of the story.  Mr. Shea responded that he welcomes that and the Board of Education has had many discussions about it publicly and their position is well known so having them come in to discuss it is wonderful and this is the proper place to bring it up as Communication from Council.  Mr. Evans responded that he has no objection to Mr. Shea raising the issue but now that it has been raised his preference would be to have it as an agenda item at a future meeting and invite the Board of Education in a formal way to have this discussion.  He added that if members of the Board of Education decline to come and have discussion then he could understand at that point in time for Council to go forward and have discussion as just a Council alone.

Mr. Pena reported that he does not have a problem discussing the issue.  He added that he has not had anyone from the Board of Education call him specifically with exactly what they want to do nor was there a formal request made to the Town Council.  He agrees that it would be a good idea to have open discussion as an agenda item with or without the Board of Education.  He added that we want the Board of Education to explore all of their options in selecting a Superintendent even if that includes checking into their own Interim Superintendent, then they should consider it.  Mr. Shea responded that the Board of Education did not do a search for three months until Houston Lowry made it public that they should do a search.

Mrs. Samul agreed with Mr. Evan’s suggestion of inviting the Board of Education, but she does not understand what difference it makes whether we discuss this tonight, with the Board of Education, or with the Board of Finance; what power, authority, or influence or moral persuasion the Town Council has on this matter and therefore the point.  Mr. Shea responded that his point is that as a citizen who serves on the Town Council, is disturbed with all of the items that he listed, and owes it to the citizens of Avon to say there might be a problem here and we should talk about it.  He added that the purpose of doing it here is to do just what we’ve said.  Mrs. Samul reported that she has been trying for several months to see in her own mind thinking this through and what the options are that would not violate code of ethics and as a Council member she does not see that she has any options and feels very powerless.  Mr. Shea responded with hence his frustration and wanted to discuss it.  Mrs. Samul questioned if we had a public meeting and invited the Board of Education what would be the reason, the goal, and the potential outcome of such a meeting.  Mr. Evans responded that the goal of the meeting would be no different than any goal that we would seek to achieve in this meeting with them in abstention.  He agreed with discussing it since if there are matters that important to the town, and ethics are something that we should all take seriously then we should discuss it in an open way that gives the members of the Board of Education an opportunity to voice to us on the basis and reasons on the rationale for their decision.  He added that it is his understanding that the Board of Education policy provides for a waiver provision, an up to one-year waiver provision with respect to the hiring of a Superintendent so if they have exercised their rights to have that waived then they are fully within their rights and completely observing their own policies.  He reported that if that is in conflict with town policies then we should discuss it and see if there are reasons that we should adjust or modify our own town policies.

Mr. Shea reported that if we can open the town charter we can have a unified town policy that would have some legal backing to it.  Chairman Zacchio reported, as way of background, that we went through a process to create a unified code of conduct policy for some of the reasons that Mr. Shea pointed out and others that not pointed out.  He added that the Board of Education, Town Council, and Board of Finance agreed to that policy and it is that policy that is now the problem and a blocker clearly not allowing Mr. Goeler to be hired while his wife remains employed as a direct responsibility of his jurisdiction.  He reported that the Board of Education offered Mr. Goeler the position back in March with the caveat that the policy has to be observed and gave his wife up to twelve months to find a new position.  He added that Mr. Goeler respectfully declined feeling that his wife’s employment and his employment in his current position were more important than that and Chairman Zacchio respects that and believes that is probably the right decision to make as it would be for him.  He added that the Board of Education asked all Council members unofficially if we would feel ok in waiving our policy because at that time they believed our policy had the authority to tell them they couldn’t do this.  He reported that our unofficial response was that we were not very in favor of waiving the conflict of interest policy and the Board of Education then went through the process of spending money and hiring lawyers and putting the town attorney and their own outside lawyer to find a way to sever that policy in order to say that the Town Council doesn’t have authority over their decision-making, all the time not going out and utilizing the free search available to them nationwide to put a new Superintendent in the Town of Avon for a little over $200,000 a year.  He added that this has brought us to this point as they have now decided to go out and do the search but are encouraging the current Assistant Superintendent to post for the position and considering waiving that policy.  He reported that we have been advised that the only way for the town policy to have the authority we expected it had when we all agreed to it several months ago is to open the charter.  He reported that opening the charter and making a charter revision unifying the code of conduct policy across the Town of Avon would give much more legal grounds for the Council to be able to regulate the code of ethics and behavior of the Board of Education, the Board of Finance, and some paid members including the Town Manager, Town Treasurer, and Superintendent of Schools; those positions being ones that can put the town at risk.  He agreed with Mrs. Samul with not knowing what the reasonable outcome of that public meeting is because it would have to be the Board of Education convinces us that waiving that policy and that Mr. Goeler is the only person in the country available for that position would be a reasonable approach to putting the town at risk.

Chairman Zacchio repeated that Mr. Shea asked if the Town Council believes in the code of conduct policy we voted on eight months ago and do we believe that is an important policy for the Town of Avon to continue to seek to be unified across the Board of Education and other boards in town.  He responded that his answer is yes and would be willing to go the depths of opening the charter to be able to gratify that.  Chairman Zacchio asked the same question to all other Council members.  Mrs. Samul responded yes and that we designed something that we thought we had and found out subsequently it isn’t so now we need to go back and amend it so that we have what we originally were striving for.  She added that we do not want to put the town’s assets at risk over a suit by violating it.  Mr. Shea reported that part of our invitation to the Board of Education should be communicating to them that although Council does not have any jurisdiction per se that we believe in the code of conduct and the unified code of conduct and ethics.  Mr. Pena responded that the policy is a good policy for us however this is nothing new in the corporate world as exceptions are sometimes made yet he was not saying that Council needs to make an exception today.  Mrs. Samul, Mr. Shea and Chairman Zacchio disagreed.  Chairman Zacchio responded that what the Town of Avon is engaged in today is what we should be thinking about.  He added that we can see examples of code of conduct and ethics issues in the newspapers every day and we spend a lot of taxpayer money and a lot of time defending governments against code of conduct issues that shouldn’t have come up.  He reported that our code of conduct issue precisely tries to steer clear of the situation that we are in today.  He added that if an exception is made then what is the next exception; there is a line that is drawn and that line is within a code of conduct policy and when you make the first exception you might as well void the policy.  Mrs. Samul added that you have a precedent when you make an exception.

Mr. Evans reported that he believes in having an ethics policy as a town and all he is willing to go to at this point to say.  He agreed with making sure that we observe ethics but there is nothing that he knows of that is before the Council that suggests there is a need right here and now to make a decision on re-opening the charter and not willing to go that far.  He added that if we are saying there is some belief of transgressions in this town which justify opening the charter than we need to hear about those in a more open environment to hear the full story and make an informed decision on whether that is the next appropriate thing to do.  Chairman Zacchio responded that he is not suggesting that there are transgressions that have taken place; the Board of Education has clearly shown that they are not willing to stick to the code of conduct policy that was unified eight months ago.  He added that if we believe that Council had authority to regulate that across the Town of Avon and now we do not have that authority, as we understand that we didn’t go far enough to make that for us to be able to do, then that is the real question.

Mr. Shea responded that the Board of Education was asked to comment on a proposed draft policy and to vote on a final draft.  Mr. Shea reported that the ethics commission is a natural progression in order to have conversations about how you enforce that unified charter-driven code of conduct policy.  He added that he has tried to talk to the Board of Education and ask to adhere to the policy yet the Board of Education has hired a lawyer that told them they do not have to adhere to the policy.  Mrs. Samul reported that the decision of whether or not Council supports a unified code of conduct policy does not have anything to do with what the Board of Education members have done other than to point out a weakness to us that we did not realize was there.  She added that we didn’t achieve what we had hoped to achieve when we re-wrote the code of conduct policy.  Chairman Zacchio reported that we can continue this discussion as an agenda item from a formal basis and Mr. Shea’s point of an ethics committee and discussion moving forward around how we look at code of conduct and ethics and whether that means there is a need for a charter revision is a worthy discussion.  He added the Board of Education has shown a willingness to waive the policy and that is most concerning to him.  Mr. Pena questioned what happens if we do open the charter, what exactly can be specified.  Chairman Zacchio responded that at the next meeting the agenda item can be an education from our town attorney as to the process of opening the charter, the provisions that we go through, how we go through the charter review, how we appoint the committee, what we consider and what we do not, and how it ultimately goes to referendum as part of the discussion around the code conduct and ethics and the creation of an ethics committee.  Mr. Shea questioned if we as a Council feel that we should have a unified code of conduct policy.  Chairman Zacchio took an unofficial poll and Mr. Shea, Chairman Zacchio, and Mrs. Samul responded yes to Mr. Shea’s question.  Mr. Pena responded that he is supportive of ethics but he does not think so as the Board of Education works separately by its legislature.  Mrs. Samul responded that the problem she has with that is that their actions are putting the town at risk.  Mr. Evans responded that he does agree with the concept of a town wide policy on ethics but not prepared today to say that he is in favor of re-opening the charter.

Suzy Norman, 227 Cider Brook Road, reported that her sense is that Council in relation to the Board of Education are just Avon citizens so if you have issues with the way the Board of Education works you have to attend their meetings and argue with them about the way they are performing.  She added that Council does not really have authority over what they are doing just like they don’t over Council and questioned if that is the way our town works.  Mr. Shea responded that we thought we had a unified code of conduct policy.  Mrs. Samul responded that Council is a policy board for the town and as that we worked on in coordination with the Board of Education to come up a unified code of ethics; some of the language that we have in ours did not apply to the Board of Education (i.e. thing about the Fire Department) so they worded it slightly differently but has the same essence in it.  She added that because of the technicality that it is not in our charter they are free to waive parts of it which was not the intent of the policy making body when we reviewed everything; the intent is to protect the town from future liabilities of a lawsuit.  Ms. Norman responded that Council does, in terms of town policy, have some governing over the Board of Education.  Chairman Zacchio responded that by charter we would but what we thought we had put in place, the Board of Education said no you do not.  Mr. Shea added that we also thought that they agreed.  Chairman Zacchio reported that there has been many conversations with the Board of Education regarding the policy when we put it together but since then it happened because there was a lot of discussion around whether that was the appropriate thing to do and for them it was and for Council it wasn’t.  He reported that he too has had hours of discussion with Mr. Goeler who he finds to be an outstanding guy who is in a tough spot and who recognizes this is a real issue and has been convinced otherwise to this point.  Mr. Shea added that he is a good guy and a good educator, but it is about the policy.

Diane Carney, 36 Rosewood Road, commended Mr. Shea for bringing this elephant out in the open because it is not a secret that there are many people in town who are concerned about the behavior and the actions of the Board of Education.  She added that as a concerned citizen and taxpayer she attends the Board of Education meetings and have expressed her concerns about some of these decisions that have been made including the waiver spending her tax dollars on an outside attorney just to find a way to waive an ethics policy that is in place to forward the hiring of the Interim Superintendent.  She reported that she was present at the Board of Education meeting when Mr. Houston Lowry was just concerned about the minutes and was in her opinion attacked by several members of the Board of Education unfairly, embarrassing to her as a citizen of this town the way that this elected official was treated by his peers.  She reported that the business with Mr. Goeler, who she has nothing against and no problem with, leads to a problem that she has with the whole ethics issue and no respect for Mr. Goeler at all that he would even consider going against an ethics policy when superintendents should be an example to the town, children, parents, and citizens.  She questioned that if Council can not agree and have no control over the Board of Education how does she as a concerned citizen and taxpayer get this charter open for a charter revision.  Mr. Shea responded that the request would have to be made by a petition.  She added that to have a Board of Education go against an ethics policy to just forward their own agenda is arrogant of elected officials and insulting to the taxpayers of this town to have an elected board just ignore the wishes of the townspeople and to set a horrible example.  She reported that she personally went before two members of the Town Council with her concerns because she wasn’t getting anywhere about the actions of the Board of Education.  She questioned who the citizens go to but Town Council.

Wendy Howard, 88 Brookridge Drive, questioned if the charter is opened is it open for a specific thing.  Mr. Shea responded that it is open for anything and it would take twelve to eighteen months; Council is by charter obligated to discuss it every ten years and for the past couple of years Council felt as though the charter was adequate.

Adam Lazinsk, 88 Deepwood Drive, thanked Mr. Shea for bringing up what really is an important issue.  He reported that the town spent how many months and how many thousands of dollars working with the Board of Education to come up with a code of ethics policy, a conflict of interest policy which they choose to work around.  He added that he has seen Chairman Zacchio remove himself on numerous occasions from issues that have come before the Town Council because there was a conflict of interest.  He reflected back to the issue of the health insurance which was a hot topic and was for him as a town employee, Mr. Shea raised the issue of how the Chairman of the Board of Education did not seem to recuse herself from that discussion; yet when the vote came before the Town Council to approve or not approve Cigna Chairman Zacchio recused himself because his wife is an employee of the Board of Education.  He added that the Board of Education seems to look at the wording however they like or if they don’t like the wording on the policy that they worked to develop and got another opinion that suited their needs then there ought to be a discussion.  He reported that in his personal opinion, right or wrong and no offense to Mr. Goeler, certain members of the Board of Education seem to be quite enamored of him which doesn’t mean that he is the best qualified candidate for the Board of Education and there should be a search or he ought not to be allowed to apply because his wife is an employee of the Board of Education as well as it violates the conflict of interest policy.  Chairman Zacchio responded that he does recuse himself from those situations for good reasons he believes as his wife is an employee of the Board of Education even though policy doesn’t prohibit that, the difference is that he is not a paid employee of the Town of Avon and easy to vacate myself from that decision-making because there are four duly and equally elected people sitting beside him who can make that decision with the tie-breaking vote going to the Town Manager.  He added that it would be difficult for a Superintendent to vacate himself from that decision-making process and still be effective in his opinion.

Michael Farrell, 67 Brentwood Drive, commended Mr. Shea.  He thinks this is a very important matter for Council and for the taxpayers and not withstanding the actions of the Board of Education he can’t fathom anybody taking a dime of taxpayer dollars reading off a different playbook than another group in town.  He supports 110% a unified code of conduct and ethics and cannot imagine why we wouldn’t have it and not want to pursue it.  He encouraged Council to pursue that and ultimately will have to look into the establishment of an ethics commission because someone has to be the watchdog when we do create one single playbook that everyone should be reading off.

Chairman Zacchio reported that he received a lot of questions about the tax bills going out this year and the number of bills going to each household.  He questioned what our strategies are around the number of bills in the future.  He reported that we are working on it from a technology standpoint and there might be some legal issues with when the tax bill goes out but we need to talk about it more seriously.  He added that it might even be an item on the Administrative Services Study Committee agenda but a low priority as it was a fairly big technology expenditure but let’s take another look at that.  Mrs. Samul questioned if we could encourage the vendor we outsource to and send the bills out sooner as a lot of people asked her when the bills were coming because they were due July 1 and like to get it paid.

VI.      OLD BUSINESS

07/08-08          Library Project
                       a.      Library Building Committee Update
                       b.      Approval: Authorize Construction Manager to proceed to develop the
                                Guaranteed Maximum Price (GMP)

Chairman Zacchio reported that a press release has been issued by Governor Rell granting us the $1 million that we have been waiting for and it looks like our strategy paid off.  He added that the grant will be an item on the State Bond Commission’s agenda on August 11th.  Mr. Evans questioned now that it is placed on the agenda if we have any real sense of what that signals as far as a percentage of actually being voted on in a favorable way to the town.  Chairman Zacchio responded that a state library grant issued to a town has never been not funded either partial or total and he is pretty confident now that it is on the bond meeting agenda that most of that always goes through.

Ms. Suter reported that a packet of materials have recently been published, as distributed at the meeting this evening.  Mr. Nolan reported on the items in the packet and the purposes for each document.  Ms. Suter reported that the fundraising committee is just short of having pledges and commitments for their goal of $500,000 which is a tremendous result for not having officially launched the public part of the campaign.  She reported that confirmation has been received regarding two grants and the remaining commitments are mostly from members of the Board of Directors and the Campaign Committee.  She added that there are a number of people in town including some people in this room who have made very generous pledges or contributions to the campaign and thank them very much for that.  She reported that the Steering Committee met last night and there was discussion regarding changing the campaign goal as they are very confident that they can raise more than this and they will.  She added that the Committee would like to get a little further down the road and have information about the revised cost estimate as that will enable the Committee to have a better judgment about some costs of items that the campaign is intended to fund.  She reported that there are a couple of swing factors including the size of the grants they will receive from a couple of what they hope will be major contributors.  She added that they have had meetings with the Hartford Foundation for public giving and hope and expect that they will receive a significant, capital-oriented grant from them.  She reported that meetings have been held, or concept letters submitted to, four or five other foundations and while the grants will not be the size of the one being discuss with the Hartford Foundation they could be very significant.  She added that the euphoria about the state grant should generate a very positive momentum for fundraising.  She reported that the Committee is planning events for the fall as a way to start to engage the town with this project.  She added that it is important that prospective donors know that there is a commitment to begin construction.

Mrs. Samul commented that maybe being obnoxious didn’t work but tenacious did and wanted to thank a number of people, including Mr. Nolan and Ms. Suter for being tenacious and going down to Hartford.

Mr. Shea commended Ms. Suter on all the great news shared.  He questioned if the $500,000 raised is gross or net.  Ms. Suter responded that it is gross and there is a goal of keeping campaign expenses under 8%.  She added that given the individuals and foundations that have participated in achieving that goal thus far it is not likely that there will be forfeitures, however they are allowing a three-year pledge fulfillment period for those individuals, businesses, or foundations that give more than $1,000 and could be that all of the money is not received until 2012.  Mr. Shea reported that everything he reads or hears that there is a real concern about the economy and it could put a lot of pressure on the Committee to collect the pledges and wishes them success, however would urge caution just as a citizen saying that people who thought they could give now can’t and may change your course of direction.  Mr. Nolan responded that the Committee has had that conversation.  Mr. Shea questioned with regards to the modifications if we have captured with some confidence even though we haven’t gone to bid some of those savings that we were talking about.  The Architect responded that they are still working on it but it is going in the right direction very significantly.

Mr. Nolan concluded that the Town Council has been incredibly supportive of the library project for several years and all involved with the project are deeply appreciative of that support.  He asked the Council to personalize that support and make a pledge, of which one member has already made a very significant and generous pledge.  He added that the Committee wants to be able to state to all of their respective donors that they have pledges and commitments from leadership in the town.  He reported that he made this appeal to the Steering Committee and Ms. Suter has made it to the Library Board of Directors and we want to be able to display to the residents and the perspective donors that it has your support and please consider making your pledge in the month of August.  Mr. Shea added that the Board of Finance should be contacted as well for their support.

Mrs. Samul questioned how long before we obtain the Guaranteed Maximum Pricing (GMP) and if we get the funding in the August bond issue can we approve going out for final bids subject to that.  The Town Manager responded that if Council authorizes going forward with the GMP tonight the Construction Manager will be able to turn those numbers around fairly quickly so that mid-August we will know what we are looking at in terms of the budget.  He added that from that point forward the Construction Manager will work with the Architect and the Library Building Committee to refine the budget and make any necessary adjustments that required to the plans to meet the budget.  He reported that the September Town Council meeting is not going to be enough time to do that so the goal is to have it on the Council’s agenda for the October 2nd meeting where Council would authorize, in accordance with the town policy on the Construction of Public Buildings, the final plans and specifications and authorize the Town Manager to execute the agreement with the Construction Manager with the GMP listed.  He added that in the meantime they are going to work with the State, assuming the bond commission approves the grant, to make sure that we can have the agreement signed as required by the Attorney General’s office in order to have everything ready for October 2nd.  Council agreed to authorize the Town Manager to move forward with Enterprise Builders to develop the Guaranteed Maximum Pricing (GMP).

08/09-79          Pine Grove School Playground Project
                       a.  Supplemental Appropriation, $6,000
                       b.  Contract Award

Chairman Zacchio questioned if this is one of the funds that is in the Board of Education budget or not.  The Town Manager responded that this fund is in the Board of Education budget and subject to appropriation through the budget process.  Mr. Evans questioned how the account went from $20,152 as of 2009 up to $76,452.  The Town Manager responded that he would have to ask the Board of Education.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $6,000 from Use of School Facilities Fund, Other Financing Sources, Undesignated Fund Balance Account #15-0390-43913 and transfer from Use of School Facilities Fund, Other Financing Uses, Interfund Transfers-Out Account #15-8700-58000 to Capital Projects Fund (Facil & Equip), BOE CIP-Facilities, PGS Playground Replacement, Account #02-4859-53069 and Capital Projects Fund (Facilities & Equipment), Other Financing Sources, Interfund Operating Transfers-In Account #02-0390-43918 in the amount of $6,000 for the purpose of Board of Education funding for  the PGS Playground.  
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.

On a motion made by Mr. Shea, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council award the contract to Creative Recreation, LLC of Newington, CT, based on their low bid in an amount not to exceed $194,887.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

09/10-90          Appointment: Avon Water Pollution Control Authority (12/31/2011)

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council table agenda item 09/10-90 Appointment: Avon Water Pollution Control Authority to the September 2, 2010 meeting.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

VII.      NEW BUSINESS

10/11-01          Approve Fiscal Year 2011/2012 Budget Calendar

On a motion made by Mr. Shea, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council adopt the Fiscal Year 2011/2012 Budget Calendar as follows:

ACTIVITY
LATEST DATE
PER TOWN CHARTER
RECOMMENDED
DATE

Capital Budget Forms Prepared
and sent to Departments
August 9, 2010
Operating Budget Forms Prepared
and sent to Departments
September 10, 2010
Completed Capital Budget Forms          
returned to Town Manager

October 01, 2010
Completed Operating Budget Forms returned to Town Manager
February 15, 2011
November 05, 2010
Town Manager’s Proposed Operating and Capital Budget submitted to Town Council
March 01, 2011
January 21, 2011

Board of Education  Budget to Town Council
February 15, 2011
February 11, 2011
Capital Improvement Program Submitted to Planning & Zoning Commission for Sec. 8-24 Review


March 01, 2011
Budget Work by Town Council completed and Budget Submitted to Board of Finance
April 01, 2011
March 28, 2011
Public Hearing on Budget held by Board of Finance not later than three (3) weeks before  May 02, 2011 Town Meeting

April 11, 2011

April 04, 2011

Board of Finance Completes Work on Budget

April 13, 2011
Copy of Budget approved by the Board of Finance printed in Newspaper at least five (5) days before the Annual Town Meeting

April 26, 2011

April 22, 2011
Annual Town and Budget Meeting First Monday in May
May 02, 2011
May 02, 2011
First Referendum
May 13, 2011
May 11, 2011
Second Referendum
June 03, 2011
June 01, 2011
Third Referendum
June 24, 2011
June 22, 2011
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

10/11-02          Contract Award:  Deepwood Drive Sewer Project Phase II

The Town Manager reported that this is an appropriation in the Fiscal Year 2010/2011 CIP with a total amount of $245,000.  Chairman Zacchio reported that Canton Village Construction has done business with the town before.  Mrs. Samul questioned if there were any timing issues with weather.  The Town Manager responded that he would have to follow up on the schedule for this phase.  Mr. Evans questioned why the contingency is 20% as that seems a little high.  The Assistant to the Town Manager responded that the contingency was 15% for the Phase I and the Town Engineer increased it to 20%.  Mr. Evans questioned if they are anticipating some particular problems in estimating this.  Adam Lazinsk, resident on Deepwood Drive, reported that the Town Engineer sent letters out to all residents on Deepwood Drive informing residents who were on the Phase I that they could begin hooking up as the lines had been tested and ready for their business.  He added that the timeline given in the letter for a new contractor to start was September and anticipated an approximate eight week construction timeframe because this is the shortest and most shallow portion of the project.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council award the contract to Canton Village Construction of Canton, CT, based on their low bid in an amount not to exceed $179,900.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.  Mr. Shea abstained as his employer’s firm does business with Canton Village Construction.

10/11-03          Supplemental Appropriation: Building & Fire Prevention Divisions,
                       Secretarial Services, $10,000

Chairman Zacchio reported that the budget trimmed out some of this positioning and with the number of permits coming through the door and type of counter work taking place, the funding is there for the services requested.  The Town Manager reported that the activity in the Building Department has exceeded our expectations.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $10,000 from General Fund, Other Financing Sources, Undesignated Fund Balance, Account #01-0390-43913, to General Fund, Fire Prevention, Regular Part Time, Account #01-2201-51012 for the purpose of funding part-time secretarial services for the Building and Fire Prevention Divisions.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

10/11-04          Acceptance of Resignation: Planning & Zoning Commission (12/31/2013)

Chairman Zacchio reported that Hank Frey and his son Greg have purchased a RE/MAX agency and he needs to spend more time building his business than serving on the Planning and Zoning Commission.  He accepted with regret; Hank has done a lot in town over the years, been on several building committees, and hopes it continues in the future and wished him the best of luck.  Mr. Evans questioned how Mr. Frey’s vacancy gets filled.  Chairman Zacchio responded that will need to come through the Republican Town Committee and they make a nomination to Town Council for consideration.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council accepts with regret the resignation of Henry Frey from the Planning and Zoning Commission.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

10/11-05          Approve Resolution: 2009 State Homeland Security Grant Program

The Assistant to the Town Manager reported that this is a federal grant that is a pass-through to the Department of Emergency Management and Homeland Security (DEMHS) and from DEMHS, CRCOG has put together the Capital Region Emergency Planning Committee (CREPC).  He added that Avon’s share of this grant since 2001 has been going to the CREPC.  He reported that this is grant funding for federal fiscal year 2009.  He added that some of the benefits are access to regional hazmat team and regional SWAT team.  The Town Manager reported that historically there has been a lot of discussion about these grants, going it alone versus going the regional approach.  He added that Simsbury, for one year of the grant as it was not seeing the regional benefit expected, wanted the money to come directly to the town and it was an administrative nightmare.  Mr. Evans questioned if there was any financial obligation to the town by participating in this program.  The Town Manager responded no, just signing over the town’s share to CRCOG who will administer it on behalf of CREPC.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED, that the Town Council may enter into with and deliver to the State of Connecticut Department of Emergency Management and Homeland Security any and all documents which it deems to be necessary or appropriate; and
FURTHER RESOLVED, that Brandon Robertson, as Town Manager of Town of Avon, it authorized and directed to execute and deliver any and all documents on behalf of the Town of Avon and to do and perform all acts and things which he/she deems to be necessary or appropriate to carry out the terms of such documents, including, but not limited to, executing and delivering all agreements and documents contemplated by such documents.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

VIII.    TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A                 Purchasing Update – This item was not discussed at the meeting.

Misc. B         2011 STEAP Grant Application –  The Town Manager reported that the town has submitted another application for STEAP grant funding for Phase III in the amount of $500,000.  He added that in the bond commission package that will be approved on August 11th there was an appropriation for the STEAP program which is a good sign.

Misc. C         Police Department Accreditation – The Town Manager reported that the hearing went very well and the police department was re-accredited and also been nominated for a flagship award.

Misc. D         Solid Waste Update – The Town Manager reported that this item is revolving very rapidly.  He added that Glastonbury and West Hartford have joined the Authority.  He reported that there is a real critical mass in terms of tonnage being generated that makes us much more competitive on the market.  He added that CRRA has provided us with draft municipal service agreements, Tier 1 and 2, and put the towns on notice that they need to make a determination regarding which agreement they are going to sign on for by January 1, 2011.  He reported that he has asked our town attorney to review the agreements and fundamentally disagree with it as it is not in accordance with the contract that the towns have as they have until November 2012 to make that determination and there are very technical reasons for why that is the case as it has to do with the expiration of the bonds and how CRRA gives notice to the towns regarding those bonds being retired.  He added that CRCOG is in the process of developing an RFP/RFQ and very hopeful that we will have responses back sometime in the fall and in a position to make some decisions by the end of the calendar year.  He reported that thus far in the process all of the towns have only been assessed approximately $500 for participation and at some point in the near future we will incur additional cost for the project to pay for legal, administrative, and consulting fees from an MSW Consultant who will give us advice not only on constructing the RFP but interpreting what the results mean, with an estimated total of $25,000 to be split by all participating towns.

Misc. E                 Paramedic Update – The Town Manager reported that a meeting with the Sub-Committee of the EMS Regional Committee is currently being scheduled.  He added that a lot of time has been spent between the Town Manager, Assistant to the Town Manager, and Chief of Police regarding what our goals should be.  He has asked the Chief of Police to come up with a game plan and will pass along to Council when complete.

Misc. F                 Avon Old Farms Road Project – The Town Manager reported that Phil Schenck is helping out as a Special Projects Manager with this.  He added that an update will be provided by Phil Schenck and Tom Daukas at every Council meeting.

Misc. G                 Proposed AT&T Cell Tower – The Town Manager reported that the Director of Planning and Community Development is continuing to work with the Church, AT&T, and the neighbors to come to some resolution on this.  Chairman Zacchio questioned if the Connecticut Siting Council made a final decision as to the position of the cell tower.  The Town Manager responded that they have given guidelines at this point.  Mr. Panetta, 144 Cold Spring Road, added that there is a follow-up meeting of the Siting Council on August 19th.

Misc. H       Applications of Sunlight Construction (Ferrigno and Avon Land Trust) – This item was not discussed at the meeting.

Mrs. Samul referred to the June Monthly Report from the Engineering and Sewer Department and she questioned the most recent inspection on Old Farms Road bridge and what was in the report.  The Town Manager responded that the bridge was inspected on July 14th, the draft report is being prepared and expect to have it mid-August and we anticipate that the recommendation is going to be to lower the safety rating from five (fair) to four (poor).  Mrs. Samul questioned if any action will be needed for public safety or can we use this through our legislators as leverage.  Chairman Zacchio added that even at a poor rating it is not a safety issue but more of a longevity issue and from a maintenance perspective it is beyond the point that they can fix it.  The Town Manager reported that we are in a pool with other State infrastructure needs.

Mrs. Samul referred to the Monthly Financial Report and questioned the $3,500 for the library temporary parking lot listed under Appropriations from Undesignated Fund Balance.  She reported that the millings from the New Road project were going to be used for the temporary parking at the library but that project was cancelled and only the sidewalk was put in.  The Town Manager responded that he would confirm and report back to Council.

IX.       EXECUTIVE SESSION: Litigation/Negotiation
           A.  Discussion of strategy with respect to pending claims by the Police Union
           B.  Discussion regarding real estate negotiations
           C.  Pending Claim of Michael Mansour

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 9:00 p.m. for personnel issues, discussion regarding real estate negotiations, and pending claim of Michael Mansour.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

The Town Manager, Attorney Michael Harrington, Town Attorney Dwight Johnson, Frank Rudewicz, 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 10:55 p.m.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

XI.         ADJOURN

The meeting was adjourned at 10:55 p.m.

Attest:  


Caroline B. LaMonica
Clerk