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Town Council Minutes 09/02/2010
AVON TOWN COUNCIL
MEETING MINUTES
September 2, 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.

  • PUBLIC HEARING
The Town Council held the following Public Hearing:
"TOWN OF AVON
LEGAL NOTICE
NOTICE OF PUBLIC HEARING

Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, September 2, 2010 at 7:30 p.m. at the Avon Town Hall, Selectman’s Chamber, 60 West Main Street, Avon, CT to consider a request from Connecticut Light and Power Company for utility easements across Town of Avon properties including an area at the south eastern end of Lofgren Road and over Avon parcel number 5310125, as shown on the map entitled:

“Compilation Map; Map Showing Easement Area to be Granted to the Connecticut Light and Power Company Across the Property of the Town of Avon and Mansour Developers, Inc. Lofgren Road & Windsor Court, Avon, Connecticut”, Scale 1”=50’, February 25, 2009 by Hodge Surveying Associates, P.C. Sheet 1 of 2 and 2 of 2; CL&P File No. E9010.
Dated at Avon, Connecticut this 16th of August, 2010.
                Brandon Robertson, Town Manager”

Mr. Evans reported that he is a resident of the Kingswood subdivision and would abstain from any action taken on this item.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council close the public hearing at 7:35 p.m.
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 approve a request from Connecticut Light and Power Company for utility easements across Town of Avon properties including an area at the south eastern end of Lofgren Road and over Avon parcel number 5310125, as shown on the map entitled: Compilation Map; Map Showing Easement Area to be Granted to the Connecticut Light and Power Company Across the Property of the Town of Avon and Mansour Developers, Inc. Lofgren Road & Windsor Court, Avon, Connecticut”, Scale 1”=50’, February 25, 2009 by Hodge Surveying Associates, P.C. Sheet 1 of 2 and 2 of 2; CL&P File No. E9010.
Mrs. Samul, Messrs: Zacchio, Shea, and Pena voted in favor.  Mr. Evans abstained.

III.      MINUTES OF PRECEDING MEETINGS:  August 5, 2010

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the August 5, 2010 minutes as submitted.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.

IV.      COMMUNICATION FROM AUDIENCE

Flo Stahl, 2 Sunset Trail, reported that she came to this meeting to personally thank Billy Shea, Mark Zacchio, and Pam Samul for being serious and determined that in this town, in Avon, no board is above the law and in this town no group of public officials is above the law.  She added that we really had public opinion on our side and thanked those Council members for being steadfast.  She commented that it is her belief that if you weren’t as serious as you were about the conflict of interest situation that the outcome would have been quite different.  She is aware of the outcome and believes it is a win/win and wanted to personally thank those Council members for taking the stand and having the courage to do that.

Diane Carney, 36 Rosewood Road, agreed with everything that Ms. Stahl has said.  She added that Council did a great job; she is proud of them and proud of the message that this sends to the people in town that some things are not acceptable.

Matthew Howard, Boy Scouts of America Troop 170, reported that he is here to fulfill a requirement for his citizenship in the community for a merit badge by attending a town meeting so they can participate in local government and learn about what takes place in our town.  Chairman Zacchio welcomed Matthew and his fellow scouts and congratulated them on moving one step closer to Eagle Scout.  He added that he knows Matthew through little league and he is a fierce competitor and will make a fine Eagle Scout.

V.       COMMUNICATION FROM COUNCIL

Mr. Evans questioned the status on the renovation of Avon Mountain project.  The Town Manager responded that the original timeline called for completion at the end of November and is on track for that.  He added that he gets reports from the Progress Meetings.  Mr. Evans questioned when all of the paving will be completed.  The Town Manager reported that the town keeps a page on the web site updated with the status on the project.

Mrs. Samul reported that she had the privilege of attending an Eagle Scout Ceremony for Joseph Fazzino and Michael Miller.  She reported that Joseph worked to renovate the site of an historic schoolhouse in the west end of Farmington which included having to clean out a culvert and get really grubby but did a very nice job and was very conscientious.  She reported that Michael was made aware of three platoons where they had eagle scouts in them and a fourth platoon where the eagle scout had actually fallen in combat and he raised six hundred pounds of goodies to send over to the three platoons and through cash donations of another $600-$700 sent supplies to the fourth eagle scout platoon.  She reported these as another example of the eagle scouts really serving the community and beyond and hopes they always consider Avon their home.

Mr. Shea reported that he attended Wayne Gebrian’s retirement celebration this week.  He added that it was a wonderful collection of people from Avon, young and old, who work for the town and live in town.  He reported that Wayne was an outstanding police officer who really was a community policeman who worked very hard to do all that he could to make the Town of Avon the best that it could be.  He complimented Wayne and all those people in the police department that assisted Wayne in making this a very safe place to live.

Chairman Zacchio reported that he also attended Wayne’s retirement celebration and he can attest that Wayne has been a great member of our police department for almost thirty years and he will be sorely missed as well as his leadership in the department and we wish him well.  He responded in reference to some of the earlier comments from the audience that he believes the Selection Committee with the Board of Education and the greater Board of Education had a very difficult decision to make and had a very difficult and trying time with a lot of conversation to get there.  He reported that that conversation ultimately led to continuing the support the code of conduct policy which he also supports and thinks it is the greater good for the community in the long run.  He added that while he supports them he also supports Mr. Goeler and any decision that he makes, as a family they make, in determining whether this is the right opportunity for them as anybody would in a situation where an opportunity exists that has a caveat of relocation or something to that nature.  He reported that many families have relocated here to Avon and taken that opportunity while leaving a network of family and friends and sometimes other jobs.  He wished the Committee well in their search and with Mr. Goeler well in his deliberations on where he goes from here and certainly hopes that it is part of the administration of the Board of Education at the Town of Avon.

Chairman Zacchio reported a clerical error in the June meeting minutes on the vote for ratifying the teachers’ contract while it specified that he had recused himself as he had identified a financial connection to that and had left the room when the discussion and vote took place, the motion states that he voted and clearly he did not.  The Clerk responded that Chairman Zacchio’s name would come off the motion on this item in the June 3, 2010 meeting minutes and the statements made this evening will be part of these minutes.

VI.      OLD BUSINESS

07/08-08          Library Project
                       
Chairman Zacchio reported that the good news that we have received the $1 million grant, we are happy about that and ready to move forward.  The Town Manager reported that there was a meeting held last week with staff, the Architect, the Construction Manager, and staff from the Connecticut State Library to talk over grant requirements and next steps.  He reported that the project was advertised on Monday of this week and the bids are due September 20th.  He reported that we have a walk-through of the project on September 8th and a Library Building Committee meeting is scheduled for September 29th to review the bid results and he is getting good feedback from the Construction Manager regarding the climate for the bids and everything looks pretty good.  He reported that they are trying to back into a date of October 7th, the next Council meeting, to have a recommendation from the Library Board to approve the plans and specifications and to authorize the Town Manager to execute a contract with the Construction Manager which indicates the GMP number.

Mr. Shea questioned if we were all set as far as the coordination with town grant and who is responsible for that.  The Town Manager responded that the Construction Manager has responsibility for it, the Architect, and ultimately the owner is responsible, which is the Town Manager’s office.  Chairman Zacchio questioned, as the project rolls on and we get into the construction phases, if there will be any reason for Council to meet more frequently than at their monthly meetings when updates will be received.  The Town Manager responded that the Library Building Committee will be meeting on a regular basis and if anything should come up that requires the immediate attention of Council then we can pull a special meeting but he does not anticipate that will be necessary.  He reported that Council’s monthly meeting packets, once the project gets rolling, will include updated schedules, budget updates, and any other correspondence that Council needs.

The Town Manager reported that there are some preliminary discussions about a ground breaking ceremony.  He added that his office will be talking with the Library Building Committee, Friends of the Library, and library staff.  He reported that there is a “Touch A Truck” event scheduled for Saturday, October 23rd so perhaps a potential date for ribbon-cutting, but more to come on that.

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

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Thomas Armstrong to the Avon Water Pollution Control Authority with a term ending December 31, 2011.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

Thomas Armstrong was present at the meeting and thanked the Council for the opportunity.  He also gave his business card to the boy scouts and informed them that he may have a fully funded project for them just to show them that they can do good deeds and get other things to come from it.  Chairman Zacchio welcomed Mr. Armstrong aboard.

VII.      NEW BUSINESS

10/11-07          Appointment:  Planning & Zoning Commission (12/31/2013)

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council appoint Marianne Clark to the Planning and Zoning Commission with a term ending December 31, 2013.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

10/11-08          Review and Discussion: 2011 Legislative Program (CCM, CRCOG, COST)

The Town Manager reported this is the time of year when CCM and COST begin to develop their legislative platforms going into the next session which promises to be quite interesting for a number of reasons.  He added that CCM is typically first out of the box to request the town’s legislative priorities and in the past the former Town Manager has always brought this to Council in a form of a letter and then passed it on to CCM.  He reported that there really are not any new items on the list this year; there are a number of items that appear every year.  He reported that the two Old Farms Road related projects are on the list and we will continue to work with Department of Transportation (DOT).  He added that the town had been talking with Congressman Chris Murphy’s office about trying to get an earmark of $2.5 million for the federal transportation bill and Congressman Murphy has advised that we will have a lot more success working through the state, have them reorganize their tip, and to cause it to come up at the state ranking and the primary reason is that the federal funding is primarily for interstate transportation systems and hard to make the argument that Old Farms Road is that.

The Town Manager reported that binding arbitration reform will continue to be an issue.  He added that in terms of a financial issue, the most important issue is going to be the continuation of the conveyance tax which has been going on since 2003.  He reported that prior to 2003 the conveyance tax was one tenth of a percent and beginning in 2003 it was increased to a quarter of a percent and it has been renewed a couple of times.  He reported that this past session, CCM advocated to have it renewed for another two years and it was only renewed for another year which is reflected in our budget.  He added that if the increase in the conveyance tax were to revert to the prior amount the revenue for the year ended June 30, 2010 would have been $161,500.  He reported that with the increase to a quarter of a percent it is $366,000 so to lose that revenue stream would be fairly significant and will work hard to try and have that continued.  Chairman Zacchio questioned if there was any opportunity for Council to lobby for that to be a longer term.  He added that one of the things we face every year in the budgeting process is whether we can depend on those dollars or not; it is a fairly significant amount in terms of our budget and how difficult it is for us to judge what we can and we can’t fund not knowing that’s going to be there generally the timing is that it is after our budget season so it’s either feast or famine.  The Town Manager responded that there has been reluctance on the part of the legislature to extend the conveyance tax over a number of years.

The Town Manager reported that other primary concerns on the list include: state aid to towns, having another look at the ECS formula, and prevailing wages.  Chairman Zacchio reported that as these items come onto the legislative floor, if there are opportunities for this group to become involved and lobby on behalf of Avon and other municipalities he thinks the five Council members would be willing, in part or whole, to be able to accompany some of our representatives and help lobby for these kinds of initiatives that help the town.  Mr. Shea reported that in addition one of the keys to this is for the Town Manager, the Council through the Town Manager, to do all that he can to communicate with the representatives that represent the town and to make sure that they are aware of our feelings which he thinks mirrors a lot of our neighbors’ feelings and if they do not agree with us then we need to know about it.  Chairman Zacchio reported that we had help from all three representatives with the library grant and it sounded like our involvement helped and made some difference as well.  Mrs. Samul recalled a superficial discussion of possibly having an additional hotel tax and questioned if that was off the line of discussion now.  The Town Manager responded that he had not heard about it going into this legislative session and having said that whenever he starts going to the CCM meetings maybe it will come up again and he will keep it in mind.  Mr. Pena reported that it is his understanding that it is off and our representatives were not in favor of it.

10/11-09        Approve 2011 Meeting Schedule

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council approve the 2011 meeting schedule as follows:
        Thursday, January 6, 2011       7:30 p.m. –  Town Hall
        Thursday, February 3, 2011      7:30 p.m. –  Town Hall
        Thursday, March 3, 2011 7:30 p.m. –  Town Hall
        Thursday, April 7, 2011 7:30 p.m. –  Town Hall
        Monday, May 2, 2011     7:30 p.m. – AVON SENIOR CENTER
                           ANNUAL BUDGET MEETING
        Thursday, May 5, 2011   7:30 p.m. –  Town Hall
        Thursday, June 2, 2011  7:30 p.m. –  Town Hall
        Thursday, July 7, 2011  7:30 p.m. –  Town Hall
        Thursday, August 4, 2011        7:30 p.m. –  Town Hall
        Thursday, September 1, 2011     7:30 p.m. –  Town Hall
        Thursday, October 6, 2011       7:30 p.m. –  Town Hall
        Thursday, November 3, 2011      7:30 p.m. –  Town Hall
        Thursday, December 1, 2011      7:30 p.m. –  Town Hall
        Thursday, January 5, 2012       7:30 p.m. –  Town Hall
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and Shea voted in favor.

10/11-10          Supplemental Appropriation: Fisher Meadow Irrigation System Repair,
                       $5,725.00

Chairman Zacchio questioned that our irrigation contractor couldn’t respond in a timely manner so we had to call on a local contractor to take care of the problem for us and the history behind why that took place.  He would suspect that if we are under contract with someone that they would respond in a quick manner.  Mr. Shea reported that it would be wise to have the Town Manager work with Bruce Williams to investigate that and see how it is going and at the appropriate time report back to let us know the status of the present contract.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council hereby recommends to the Board of Finance an appropriation not to exceed $5,725.00 from Fisher Meadow Maintenance Fund, Other Financing Sources, Undesignated Fund Balance, Account #12-0390-43913 and to Fisher Meadow Maintenance Fund, Parks, Materials-Other, Account #12-5201-52239, for the purpose of assessing, attempting to repair, and replacement of the 3” Clay Valve for the irrigation system at Fisher Meadows.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and Shea voted in favor.

10/11-11          Approve Resolution: Farmington River Enhancement Grant

Chairman Zacchio reported that this item is a mechanical change because of Brandon Robertson’s appointment to Town Manager versus Philip Schenck.  The Town Manager responded that this is a housekeeping item for the $50,000 grant for the Low Impact Development Guidelines and there is a consultant onboard, Milone & MacBroom out of Cheshire, CT.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:  That it is in the best interests of the Town of Avon to enter into contracts with the Department of Environmental Protection.
FURTHER RESOLVED:  That Brandon L. Robertson, the Town Manager, is duly authorized to enter into and sign contracts on behalf of the Town of Avon.  Brandon L. Robertson currently holds the title of Town Manager and has held this office since January 4, 2010.  The Town Manager is further authorized to provide such additional information and execute such other documents as may be required by the local, state or federal government in connection with said contracts and to execute any amendments, rescissions, and revisions thereto.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

VIII.    TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A                 Planning & Development:
  • Preliminary Site Plan – Avon Park North
The Town Manager reported that Steve Kushner has continued to have discussions with the property owners, Ensign Bickford and it has been before the Planning and Zoning Commission for an initial look.  He added that this is part of the purpose of the Low Impact Development density grant that we adopted the resolution for earlier tonight; the $50,000 is offsetting the cost of having Milone & MacBroom prepare the map.  He reported that the map illustrates mixed-use development.  He added that the portion of the project moving along fairly quickly is the site for the proposed CREC School.  The CREC School is projected to be approximately 62,000 square feet, sit on approximately six to nine acres, two-story, Pre-K through 5, and project 435 students at the School of which half will be from Hartford and the other half from the Farmington Valley.  He reported that there are a number of regulatory hurdles that would have to be passed including a special exception which would require a public hearing.  He has been advised by Steve Kushner that funding is in place for the project.  They will begin moving forward through the regulatory process and their estimates are at this point to be under construction in April/May 2011.  He reported that Steve Kushner is looking to schedule a special Planning and Zoning Commission meeting towards the end of September and have the consultant review the conceptual plan.  He added that an adoption of a new village district zone set of rules permitting this type of development would be needed.  He reported that it is on a parcel of approximately ninety-seven acres, of which fifty of the acres are undeveloped so you are looking at a fairly significant density and potentially a very sizeable increase to the grand list.  He noted that the CREC building, other than the building permit fees of approximately $120,000, would not generate any revenue.  He reported that a specific area that Steve Kushner is spending time on is traffic issues.  He added that as things develop he will update Council.  Chairman Zacchio reported that the redeveloped school site just south of Sperry Park is town property and questioned if that would anticipate the Town selling it.  The Town Manager responded that the map would be corrected.  Chairman Zacchio added that if we were considering any type of development in that location we should include the Little League Association in the discussion to think about what their forward plans might be.  Mrs. Samul asked Duane Starr, Planning & Zoning Chairman, if he had anything to share.  Mr. Starr reported that this plan has only been before Planning and Zoning Commission on an informal basis and had nothing to add at this time.  Mrs. Samul reported that in looking at the Towpath School property and where the post office is it has always seemed logical to her to line the entrance of Enford Street onto Route 10 with the entrance of Woodford Avenue onto Route 10, moving Enford Street down to Woodford Avenue and putting a traffic light there and making the traffic flow during the evening commute a little safer.  Mr. Shea asked Mr. Starr if someone was to do something with the redeveloped school site how would the Council interact with the Planning and Zoning Commission on that.  Mr. Starr responded that the party would have to go through a full planning and zoning approval process.  Mr. Shea reported that we need to have a real healthy discussion and take our time as we address some of the more marketable properties that the Town has as to how we go about using them.  The Town Manager reported that it might be helpful if Vince McDermott, consultant from Milone and MacBroom came in and talked with Council and gave a conceptual overview.  Council requested that Steve Kushner participate with the overview as well.

  • Proposed AT&T Cell Tower Update
The Town Manager reported that the hearing closed on August 19th and comments are accepted thirty days from the date that the hearing closes.  He added that we will be looking for a decision in late October.  He reported that there seems to be agreement between the Church, the Town, and the neighbors.

  • Regional Economic Development District
The Town Manager reported that this is an idea that the three planners from Simsbury, Avon, and Canton have been talking about.  He reported that the concept is fairly undefined at this point and it seems that the planners have come to the conclusion that the area intersecting Route 167 and Route 44 might have opportunities to incentivize development by having stream-lined regulations and more coherent vision for what that area should look like.  He reported that the Simsbury Planner took the lead and identified funding sources through HUD and DOT and Simsbury has submitted a grant request in the amount of $150,000 that would fund a consultant, legal services, and work through the concept.  He reported that he has discussed this with Steve Kushner and the Town of Canton and it seems like an interesting concept.  Mr. Shea reported that as he read about this topic that if this goes forward the Town of Avon would have to participate as we want to work with Canton and Simsbury but at the end of the day it’s been the same problem that it’s been for decades in that Avon has the smallest piece of property and we will encounter the bulk of the traffic and activity which will put a great deal of stress on the Town of Avon without the benefit of the tax base.  Mr. Starr, Planning and Zoning Chairman, commented that it should not make it any worse than it is now, it can only improve, and the area in Canton is the biggest potential for traffic.  Mr. Shea added that when it comes to the funding maybe we should discuss it being based on the percentages of tax base revenue.  Mr. Pena agreed with the same concerns that Mr. Shea shared.

  • Outdoor Woodburning Furnaces
The Town Manager reported that Steve Kushner has done some research on this and the Farmington Valley communities are all over the place – Simsbury has not done anything, Granby has banned them, Canton has taken the middle road – so what Steve Kushner suggested and he agreed is that there be a referral to Planning and Zoning Commission and will be on their September 14th meeting agenda for discussion.  Mr. Shea reported that he understands the concern but he questioned if the Town has had any complaints.  The Town Manager responded that we do not have any known outdoor woodburning furnaces in Town.  He added that these furnaces can be fairly onerous and given the fact that we do not have any in Town now it might be an opportune time for Council and Planning and Zoning Commission to look at this and decide, before we have an issue, whether or not we want to deal with it proactively.  He reported that ultimately it may be something that we deal with through the Planning and Zoning regulations or address it through an ordinance.

Misc. B         Everbridge Update –  The Town Manager reported the Police Department is taking the lead and working with the Fire Department to implement the two pieces of the Everbridge system that comes to the Town free of charge courtesy of the State.  He added that this is the CT Alert system which is the emergency notification and we have access to a program called Aware which can only be used intra-town, in other words use it on an inter-departmental basis.  He reported that the module used for public notices would cost approximately $8,000 but as Council requested we are in discussions now with the Board of Education to see if they can use that system in lieu of another system that they are currently using in which case we can get the entire package, split it between the Town and Board of Education, and have one town-wide system which is seen as being very much in the spirit of the discussions the Administrative Services Study Committee has been having.  He reported that the school department has very specific needs regarding their system and there is some hesitancy as to whether or not this is going to meet what they need it to.  He added that we will have these discussions resolved in time for budget deliberations so that perhaps this is an item we include in operating, subject to future discussion.

Misc. C         EMS Update – The Town Manager reported the charge given to the Chief of Police is to do an assessment of the current system, do some bench-marking, see how it is working, is it meeting our needs, if it’s not meeting our needs where is it coming up short, do some contingency planning if UCONN indeed should discontinue their service with six months notice how do we compensate for that, and also look long-term.  He asked the Police Chief to talk to the Sub-committee about the changing needs of the community, with the new Peachtree Village development coming online, and how that will impact our EMS needs going forward.  He reported that the EMS Sub-committee held their first meeting on August 19th and another meeting is scheduled for the end of September.

Misc. D         Tax Bills – The Town Manager reported that we had an issue with the contractor this past season as the sewer and real estate bills were supposed to be consolidated into one envelope.  He added that many complaints were received by residents who received multiple tax bills in separate envelopes.  He reported that after discussion with contractor the real estate and sewer bills will go out in one envelope to each resident next year; however it is not possible with motor vehicles because of the way that the files come over from Department of Motor Vehicles.  He added that the contractor has agreed to give us 15% off next year’s contracted price in consideration for what happened this year.

Misc. E                 Green Efforts – The Town Manager reported that there is OPM money in the amount of approximately $75,000 programmed for the following:  $4,000 for anti-idling campaign, $50,000 for the overhead doors at Public Works which are complete, and $20,000 for an energy plan.  He reported that the Avon Clean Energy Commission (ACEC) did an RFP/RFQ process and identified a consultant that they would like to work with on the energy plan but in the meantime we received notification of an award for the ARRA money.  He reported the ARRA money is a $250,000 grant that will be shared by five towns so Avon will have access to $50,000 and can only be used for planning purposes.  He added that there is flexibility with the OPM money.  He reported that he asked staff to have a discussion with the ACEC about re-programming the $20,000 from OPM and coming up with something to show for it other than an energy plan, something that otherwise would have to be funded through capital or wouldn’t get done.  He reported that the discussion took place last night and the result was that the ACEC wants to meet with the Town Manager and talk about it.  He added that his preference is to see the $20,000 be re-programmed into equipment assets and not to spend $70,000 on an energy plan.

Misc. F                 Avon Old Farms Road Project Update – The Town Manager reported that there are three projects: the road, the bridge, and the intersection.  He reported that we are working to finalize the scope, the Environmental Assessment, with the road project and working through a legal issue as it affects potential prevailing wage rates that may have to be paid on the project and that is an important issue to resolve now as it will have a huge impact on the budget if in fact it is a prevailing wage rate job.  He added that there is also an issue being worked with a section of the relocated section of Old Farms Road that transects a small piece of property that was purchased by the Town using state and federal funds (Merritt Farm property) and would have to go through a process to do a land conversion which consists of preserving a piece of property of an equal value so we can include that property in the development of the road.  He reported that Tom Daukas is working on this with DOT.  He reported that there is an Avon Old Farms School Board of Directors Meeting coming up on October 22nd and he has been talking with Ken LaRocque and bringing him up-to-date with what is happening with the project and if Mr. LaRocque requests, he and/or Phil Schenck can attend their meeting.  He reported that we are waiting for design comments from DOT on the bridge construction.  He added that the bridge was evaluated in July 2010 and the quality is going to be downgraded, however the report has not yet been officially received from DOT.  Mrs. Samul requested that the report be e-mailed to Council once received.

Misc. G                 Federal Education Jobs Act – The Town Manager reported that we just received notice of additional funding that has been received from the federal government and the amount allocated to the State is $110 million.  He added that the State has elected to use the ECS formula as the distribution mechanism to the towns and cities and as a result Avon is receiving $77,000 that we hadn’t budgeted and no real idea was coming and can be used to pay salaries and benefits of teachers, school administrators, and other essential staff.  He reported that the funding will come directly to the Board of Education and they will have to go through a supplemental appropriation process to amend the budget to reflect the grant revenues so that it can be spent.  He added that this item is likely to appear on Council’s November meeting agenda.  Mr. Shea questioned if this is one-time funding with no guarantee for the future.  The Town Manager responded yes and noted that some communities are not appropriating the funds this year and saving the funds for next year.

Misc. H      Avon Middle School Tennis Courts – The Town Manager reported that Wendy Howard was present at the last Council meeting to talk about this project.  He added that subsequently he had discussions with Bruce Williams who is now in the process of working with the fundraisers to further refine the project scope and develop cost estimates.  He reported that he also had discussions with the Interim Superintendent about the project and the Board of Education have identified funds that will be contributed to offset the cost in the amount of $12,500, the encumbrance has been established as it is located in one of their special revenue accounts.  He recommended that Bruce Williams continue to work with the fundraisers and at some point will bring it back before Council.  He reported that he is working to try to identify funds in the current year operating budget but it may require a supplemental appropriation.  Mr. Shea asked Ms. Howard if they have been before the Board of Finance.  Ms. Howard responded no.  Mr. Shea suggested that someone from the fundraising committee attend a Board of Finance meeting.  He added that Council is very supportive; it appears that the Board of Education is very supportive and in informal discussions with the Board of Finance they appear supportive.  Ms. Howard responded that they would make a presentation to the Board of Finance.  Mr. Shea added that staying in touch with the Board of Finance would be very wise as it is a worthy project.  Chairman Zacchio reported that there have been informal conversations with a few of the Board of Finance members who are supportive in theory of how we want to move forward and put some seed money in place to help the project move along recognizing there is a lot of private funding behind it and our tennis courts are in sore need of replacement and we appreciate all of the work the fundraising committee is doing on it.

Misc. I      Mandatory Sexual Harassment Training – The Town Manager reported that last year there was discussion and Council requested that all town employees receive mandatory sexual harassment training annually and we will be conducting that training in October.

Misc. J      Avon Organizational Chart – The Town Manager reported that Council received an updated organizational chart indicating person’s names, position held, and whether or not there are any vacancies.  He added that an area of concern is the police department as there are a number of vacancies and we are working very hard to get those filled.  Mr. Shea questioned if the Town Manager could work on, between now and January 1, 2011, a second back-up organizational chart that would show what happens if a person in a director/manager position cannot do their job and who would cover to allow us to look at some long-term planning.  Chairman Zacchio reported that this chart does two things: makes you realize where the vacancies are and where the bulk of our head count is.  He added that you also begin to start seeing if this can be broken into a functional chart and break into where the widgets are made and something that has been talked about with the Administrative Services Study Committee as then you can now see how you can become more efficient in where you are spending your dollars and time as well as talk about succession planning and the kinds of talent development you might need in a different department, all in the case of working up to a budget as effective as we can.  He reported that there is an item in the Administrative Services Study matrix around this and one that we are charging forward with.

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

The Town Manager reported that this is the twenty-sixth consecutive year that Avon has received the Certificate of Achievement for Excellence in Financial Reporting, largely to Peg Colligan’s efforts.  He added that it represents the highest level of reporting that a town can obtain.  Chairman Zacchio requested an invitation to Peg Colligan to come before Council to thank her and recognize her for that kind of accuracy in the numbers.

IX.       EXECUTIVE SESSION: Litigation/Negotiation
           A.  Discussion regarding real estate negotiations

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 8:35 p.m. for discussion regarding real estate negotiations.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

The Town Manager and the Clerk attended the session.

On a motion made by Mr. Evans, seconded by Mr. Shea, it was voted:
RESOLVED:  That the Town Council come out of Executive Session at 9:20 p.m.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

XI.         ADJOURN

The meeting was adjourned at 9:20 p.m.

Attest:  


Caroline B. LaMonica
Clerk