AVON TOWN COUNCIL
MEETING MINUTES
December 1, 2010
I. CALL TO ORDER
The meeting was called to order at 7:00 p.m. at the Avon Town Hall, in the Selectmen's Chamber by Chairman Zacchio. Members present: Mrs. Samul, Messrs: Evans, Shea, and Pena.
II. PUBLIC HEARING - None
III. MINUTES OF PRECEDING MEETINGS : November 9, 2010
November 17, 2010 Special Meeting
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council accept the November 9, 2010 minutes as submitted.
Mrs. Samul, Messrs: Evans, Shea, and Pena voted in favor. Chairman Zacchio abstained (absent from meeting).
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council table the November 17, 2010 Special Meeting minutes to the January 6, 2011 Meeting.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
IV. COMMUNICATION FROM AUDIENCE - None
V. COMMUNICATION FROM COUNCIL
Chairman Zacchio recognized the passing of Silvio Brighenti and his leadership in the community from what we see in our community today and some of the beautiful developments that he and his family have been involved with as well as some of the shopping areas and his plumbing and appliance businesses in town. He reported, on behalf of the Council, that flowers were sent to the funeral home and we will make a donation in Silvio’s name to the Avon Volunteer Fire Department, a place where Silvio spent a lot of time in his younger years and was an honorary member. He expressed, on behalf of the Town, condolences go out to the Brighenti family. Mr. Pena concurred with Chairman Zacchio.
Mrs. Samul reported that this evening she had the privilege of lighting the menorah on the Town Green and it will be there for one night before it goes up to Canton.
Mr. Shea added that not only was Silvio Brighenti a leader in the community and his generosity spread across the entire Town of Avon and the Farmington Valley but what a lot of people might not have seen were the acts of generosity and the acts of compassion that were not public and done by Silvio and his family. Mr. Brighenti was an incredible leader, a real pillar to this community, he will be missed but he comes from a wonderful family who really make up the fabric of this Town. Mr. Shea concurred with Chairman Zacchio’s thoughts.
VI. OLD BUSINESS
07/08-08 Library Project
Diane Hornaday, Library Building Committee Chairman, reported that all members of the Committee are in attendance, along with the Architect and Construction Manager. She highlighted information in the material that was provided to Council in their packets. She reported that the original project went to referendum based on $9.5 million. She reported that the Committee is making a recommendation to Council for the following: to approve the overall budget of $8.7 million without compromising the integrity of the building, the programming, and the square footage are consistent with what we reported to the residents. The Town Council needs to approve the final plans and specifications of the project; and to authorize the Town Manager to execute a construction contract with Enterprise Builders not to
exceed $6,579,864.
Mrs. Hornaday reported that there was a change in the scope of the project with the relocation of the new drive-thru book drop and was at the request and requirement of the Planning and Zoning Commission for safety reasons and to facilitate traffic flow. She added that the Committee likes their recommendation but it does add an approximate $50,000 to the scope of the project. She reported that the Committee had asked the Construction Manager and Architect to come up with a list of recommended reductions that could be made to come in under $8 million and they did that; however the Committee does not recommend all of the requests that have been made. She reported that the Committee would like to leave in the project the courtyard as residents expect that and even though it is not in the square footage it
is definitely usable space for programming and other activities. She reported that the Committee does not want to keep the existing windows. Chairman Zacchio questioned if any of the energy-star rated pieces like the windows are still compliant with LEED Silver. Mrs. Hornaday responded that these items will be LEED compliant but we will not get the certificate. Chairman Zacchio questioned if any adjustments have been made to the scope in terms of the “green” portions of the project. Mrs. Hornaday responded that none of the items on the list impact the scope of the project.
Mrs. Hornaday reported that the Committee did not find it prudent not to include $6,000 and provide for an additional twenty years rather than a 30-year roof, it will be a 50-year shingle roof. She added that the Committee also wanted to install ceramic tile in front of the circulation desk due to a lot of wear in that area and in the long run spending a little extra there now will be beneficial for the Town. She reported that the Committee wants to add some contingency as they were a little thin and the portion of the project where you frequently find surprises is the end of the project and would like to increase the contingency to 7% of the project. She added that all of these items would be a total of $200,000 over the $8.5 million. She concluded that the Committee is working hard on this
project and she feels the residents will be really happy with what is going on here.
Chairman Zacchio reported that the Committee, Architect, and Construction Manager have done an incredible job of getting the plans together; it has been dicey and the project has been delayed a couple of times in our strategy to get the State money which paid off for us. He added that everyone has done a good job trying to deliver that project in terms of the dollars. He sees no issue with the $8.7 million and thinks it is very prudent to increase the contingency as it was thin and once we start tearing into the building that was one of the parts of the financial side that concerned him that we would inevitably find some issues as we went along and that contingency gets burned up pretty quickly. He reported that the Committee did a really good job making sure that the value engineering piece did not
interfere with the quality of the project. He thanked the Committee for their patience and fortitude in continuing on and delivered a great set of plans.
Mr. Evans questioned if the contingency of 7% is an owner contingency. Mr. Shea responded yes. Mr. Evans questioned if there is also any contingency from the Construction Manager that is provided as part of their $6.5 million contract. Mr. Shea responded that would not be consistent with other contracts that we have had. The Assistant to the Town Manager reported that we spoke to the Town Attorney yesterday about that and anything from this point out that would be a deviation from the bids would be a change order that has to be signed off on by both the Construction Manager/Architect side and the Town side so that contingency will be available for that and the Town has veto power over everything within the contingency. Mr. Evans questioned if the $6.5 million is a guaranteed maximum price and
if any of the trades come in higher the Construction Manager takes the risk on that. The response was yes.
Mrs. Samul reported that it was suggested a couple times during Council meetings that the library be closed on Mondays to take advantage of allowing the trades to get in and do their things without having to worry about customers at the library. She questioned if that was considered, any potential savings in time and dollars in arriving at these numbers. Virginia Vocelli, Library Director responded in terms of the request, no it was not considered. She added that now that we are really getting started with the project perhaps we could consider something like that. She added that consistency of library hours is important, if you change it too much people will be confused when to arrive and when it will be open. She reported that we know there will be times when it will be a lot better if we
are closed and so we might open at one o’clock if the disruptive part of the project is done in the morning. Mrs. Samul questioned would it not be better to set that time slot out ahead of time so everyone knows it is a consistent closing. The Library Director responded they will work on that with the Construction Manager. She added that the Library Board has not considered any definite closings of any kind except when the Construction Manager tells us we should be.
Mr. Shea concurred with the Chairman and did a great job in summing up this process which has been difficult, laborious, and everyone exhibited great patience. He added that he does hope that Mrs. Samul’s suggestion is considered as he thought it was a good idea when it was suggested about nine months ago and an even better idea today; it could help with safety, operating costs, and overall construction. He reported that he was a little surprised that it hasn’t been considered and thinks that from this point forward it would be helpful if the Assistant to the Town Manager interacted with the Library Board and the Building Committee and report back to let Council know if we are not going to close one weekday per week and why. He questioned, as he has been on many building committees, the 7.17%
contingency might be a little light. He questioned if we shouldn’t have a discussion in this meeting as to whether the 7.17% is enough and what the justification for the 7.17% is and think you will find it hard to believe that in this group there is one member or more that is saying that we need to spend a little more money in contingency just to be safe and could be a moving target if we run into any difficulty with the building. The Architect responded that they have made every effort to look at the existing data as unforeseen conditions are either in the ground or in the existing building and early on we will be in the ground and will know very early on if we have any problems which from the borings and investigation work we do not expect any. He added that they have very good information on the existing building, all the original drawings and very detailed and from what has been investigated they really do show what was built and they are anticipating
that the problems that you would expect to find in an older building are not going to occur in this building. He reported that he loves it when we have more contingency because just in case; we would like to give it back to you at the end if we do not need it and he is comfortable with what has been proposed here right now.
Mr. Shea applauds the discipline of the 7.17% and does not disagree with anything that the Architect has stated but he noted that Scott Boos has been involved in many projects where you start the project and you think everyone has a real healthy idea as to what is going to happen and there is a few surprises. He asked for Council’s input on having an agreement that the 7.17% is the contingency number but please do not be the least bit shy if you run into trouble to come and talk to us because the last thing you want to do when you are spending $8.7 million is to short change it or have someone cutting corners that would dramatically affect the ultimate end project. He asked Scott Boos for his thoughts on that. The Architect reported that as long as they can, if they get into trouble, they would
certainly come before Council. Mr. Boos responded that he supported everything that Mr. Shea is saying and concurs 100% and the additional contingency that Mr. Shea is referring to could be in his opinion a true owner’s contingency for the betterment of the project. He reported that their goal is to not tap into this contingency that Mr. Shea is referring to and knowing that it may be a crutch to fall upon while we are making difficult decisions it is good to know that the Council would support that. Mr. Shea responded that he leaves it to the good judgment of the Assistant to the Town Manager and the Library Building Committee but would be interested in the Council’s perspective on potential issues above and beyond the 7.17% as he is just one member speaking from the experience of being on building committees and going in with the mindset that we have a handle on this and then there are a few issues that pop up. Chairman Zacchio agreed with Mr.
Shea and the question is how far do you go in terms of what hypothetical could come up. He reported that he does not know the mechanics in appropriating “x” dollars to the project at that point; is it prudent to add some now and think that it is a give-back or is it more appropriate to wait. The Town Manager responded that at this point he would wait if everyone feels fairly comfortable with the 7.17%. He added that we will have a lot of advance notice if it appears that we are going to be really tapping into that and we may need to come back for more; it will give us time to get the mechanics in place and make sure it is done correctly. He reported that based on all the assurances that we have he would suggest moving forward with it as is.
Chairman Zacchio reported that Mr. Shea’s point is a good one in that we in no way want to short change the project or be short sighted in the project including some of the good work you did here to say let us keep those items and have those unintended decision points to make right now that exceed the 7.17% and there is some good reason for us to do it he would be fully open to having that discussion and hearing those arguments before us at that time. Mr. Shea reported what helps us is it is a matter of public record that we have talked about it, it is an issue, and the Town Manager stated that there will be a process of where there will be time involved where we can discuss it but mechanically there is a way to do it so he is comfortable with that. Chairman Zacchio agreed. Mr. Pena also agreed and
reported that through the duration of this process we know that the Library Building Committee is not shy in coming before us and making recommendations and he is comfortable with the current contingency of 7.17%. Mrs. Samul reported that we have a lot of experience sitting out there that came up with these numbers and she is willing to go with what they have originally suggested and she does not see a need to improve upon what they have done. Mr. Evans reported that he is also ok with that contingency but it strikes him as odd that we have authority to come back to increase contingency; after we make the initial determination come back at some point and increase it so it makes the idea of a contingency a little loose in his view. He added that at the end the project is to the specifications of the community and a product that we all want if we have that flexibility and thinks that is a good thing to do and supports it. Chairman Zacchio reported that we have
an opportunity to revisit that if need be. The Town Manager reported that the appropriation is in place so it is no issue there.
Mr. Evans questioned the product of the final plans and specifications. The Town Manager responded that there are a few three-ring binders that include the actual construction plans. Mr. Evans questioned that we are approving something that we have not actually reviewed, seen, or been through with any great particularity in terms of studying the document as members of the Council. Mr. Shea reported that with motions like this as we have gone through the process we have learned, heard, and looked at the schematic drawings, the various elevations, the various documents and as they have been fine tuned through town staff, through the professionals that we have hired, he thinks that in past practices that has been the process and understands Mr. Evan’s concern but he is comfortable with the way it is
written. Mr. Evans responded that he appreciated Mr. Shea’s explanation but he asked that the record then reflects that we are relying on other persons and professionals who have reviewed and studied those plans and have perhaps better expertise than we do then that is part of the process. The Town Manager reported that if anyone is interested in taking a look at the real detail the material is available.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council (1) approve the final plans and specifications of the library project (per Town Council Policy #13), (2) approve an overall project budget of $8.7 million, and (3) authorize the Town Manager to execute a construction contract with Enterprise Builders not to exceed $6,579,864.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.
10/11-01 FY 11/12 Budget: CIP Budget Presentations
a. 7:30 p.m. Police Department
Chairman Zacchio reported that the Police Department has withdrawn their CIP request and they will provide a brief overview. The Chief of Police reported that he is very happy to report that they were able to withdraw the $52,000 request for the renovations to the Police Annex building. He reported that in FY 2008/2009 the department requested for a complete renovation to their dispatch center in the range of approximately $550,000 to $600,000. He reported that they were able to complete two phases of that project and put the renovations of the dispatch center on hold because they were not sure that they were going with the regional dispatching and they did not want to waste any money and go forward with the renovations. He reported the good news is that when we put the project together technology
was different and the cost of equipment was much higher. He reported that the new digital equipment that they are putting in is much cheaper, through a state bid and able to get some great pricing, at a cost of approximately $216,000 to complete renovation of the entire dispatch center which leaves them a significant amount of money to work on the report-writing room. He has consulted with the Director of Public Works and the Director of Finance and both have told him that it is an appropriate use to re-direct some of the money in the original capital project for the report-writing room. He reported that they will be able to make that a secondary dispatch center in the event that we have an emergency or we have to evacuate the first building, normally we would send dispatchers to Canton, Simsbury, or Farmington but in this case we can open up the center, assuming that building is not affected too, and immediately resume operations. He reported that the
company hired to do the renovations to the dispatch center gave us an initial price of approximately $25,000 because they will be onsite.
The Town Manager reported that this does not foreclose the opportunity for us in the future to regionalize dispatch; it will take some time to look at. He added that the Police Department is working through the mechanics of a grant that we received in the amount of approximately $70,000. He reported that a lot of work that we are doing with the upgrades to the dispatch center, some of the equipment is portable so if ended up going to another town in five years we can take it with us or they come to us. The Chief of Police reported that the equipment being purchased is portable so the ergonomic stations can be moved. He added that it makes economic and fiscal sense to do this. Chairman Zacchio questioned what the big gap was, the technology moved to digital and the falling prices on digital
technology. The Chief of Police responded that the technology moved to digital when we originally designed the dispatch center we had our consultant put together the premium as we thought the dispatch center would be there for a long time but the prices just came down. Mrs. Samul questioned if there is any need for training that is going to accompany this new technology. The Chief of Police responded yes and the company that is coming in will completely train the police and fire dispatchers, running the new system and the old system and get everyone trained before they re-open the new center. Mrs. Samul questioned if there would be a lag between obtaining the technology and being able to use the technology because we haven’t gone to school for something. The Chief of Police responded no, during the three weeks that they are moved to the temporary center there will be dual stations, one on the old system and one on the new system and prudent to
run the two systems just in case there is an emergency in town. Chairman Zacchio questioned if there are any compatibility issues with the handhelds, radios in the cars, or repeaters. The Chief of Police responded that all of that is factored in and the all of the equipment now will work with this system. He added that they have also been working with the Fire Department as they are part of the project and it should be a seamless move. Chairman Zacchio questioned if we will have space on the future antenna that will be up behind St. Matthew’s. The Chief of Police responded that he believed Phil Schenck, former Town Manager, got us approval to put an antenna up there but he did not know that they were going to need it. Chairman Zacchio concluded that it is great to have $52,000 withdrawn from the capital budget before we even get started.
b. 8:00 p.m. Fire Department - a power point presentation is attached and made part of these minutes
Board of Directors Vice President Ken Sedlak reported on the Fire Department Capital Improvement Program for the FY 11/12. The Fire Chief, Assistant Chief Bruce Appell, Board of Directors President Mel Gugliotti was also in attendance. Mr. Sedlak reported on the request for two new rescue pumpers to replace Engine 7 out of Huckleberry Hill and Engine 9 out of Headquarters with a total estimated cost of $1.4 million over the next four fiscal years. Assistant Chief Appell reported that it was ten years ago when the last big purchase of apparatus was made which were Engine 14 and Engine 10 housed at Company 3 and Company 2 and ladder truck shortly after that. He reported that the oldest truck is a 1984 and keeping it in service as it is the only secondary truck that fits the Secret Lake firehouse and
not prudent that we replace it with a truck that will fit that firehouse with a contingent that we are looking at the new Northwest fire station. He reported there is a recommendation by equipment foremen in the town garage who analyze the fleet to replace Engine 9 which is not necessarily the oldest truck (1994) with a lot of initial problems and Engine 7 (1990). He reported that the goal would be to buy two sister trucks and there could be significant savings of approximately $100,000 from avoiding a three to five percent increase per truck per year for every year that you push off the second truck and every time the NFPA changes their specifications. He added that it helps on their end when they start training firefighters making it seamless with identical trucks. He reported that they have combined some of their light rescues with their pumpers now, multi-purpose apparatus. He added that with the two new trucks they would like to add more
extrication equipment, running those with service 90-95% of the calls prolonging the life of their heavy rescue ten to fifteen years. He reported that simple rescue equipment on their trucks is not working very well now. He added that East Farmington is finishing up their specifications for their new rescue/pumper coming in at approximately $650,000. Chairman Zacchio recalled from previous presentations made that the new multi-use vehicles will cover a wider range of function and questioned if that eventually means the total number of apparatus also goes down. Assistant Chief Appell responded potentially, if the design is right on the rescue/pumpers and they can fit the majority of their equipment on them then the need for the heavy rescue goes down or designing a small heavy rescue to handle the additional support items they need. Chief DiPace reported that some of the reasons for this are also the manpower; as manpower numbers and response levels
dwindle they can fit more people onto one piece of apparatus with one driver and leave one vehicle on scene with lighting, equipment, and firefighting capabilities.
Mr. Sedlak reported on the request for a new Northwest Fire Station, however without having property it is hard to give exact numbers on what it would cost to build a firehouse but they do have some rough numbers based on Simsbury and after speaking to engineers and site planners. He reported that they would like to do a facilities study of our existing facilities and what we could put on the new piece of property for the Northwest Fire Station. He highlighted the items that need repair or need to be updated. Their request is $175,000 for the facilities study to take a look at the existing facilities and plan the new facility. Mr. Shea questioned when they say plan the existing facility does that mean an architectural fee. Mr. Sedlak responded yes. Mr. Shea questioned that the $175,000
would represent an architectural fee along with what else. Mr. Sedlak responded that it would include going around to the four stations and the West Avon Road property across from the high school to find out what we can do with these pieces of property, what we can expand and be done to improve them. Mr. Shea reported that an average architectural fee is approximately eight percent and questioned why we would not want to make the architectural fee part of the building project and have the facilities study be separate. Mr. Sedlak responded that would be fine. Mr. Shea reported that we have always discussed the purchase of some property if and when possible and the regional training center. However he is speaking directly to the $175,000 that is going to get a lot of attention and thinks that from perspectives of Council, Board of Finance, and Town Manager breaking that out a little would be real beneficial to be able to weigh the pros and the cons and
evaluate and just a suggestion to make the architectural fee part of the building process which would be conformed with our other practices in how we build buildings might be beneficial. Chief DiPace responded that we need to get some concepts, look at all of our facilities, and see what needs repair and we need that type of expertise, maybe it is not an architect. Mr. Shea reported that he sees a duplication of services and fees, he recognizes the need and there is a priority that the Town Manager is going to go through but he just can’t see us doing both that way. Chief DiPace responded that we are not talking about an actual design of a building rather a concept of it like has been done with other projects for a school or a library so they can start and get schematics and numbers. Mr. Shea responded that Simsbury had a cost per square foot. Chief DiPace reported that they always talked about this new station having an area for regional
non-burning training. Mr. Shea reported that it is a beautiful building in Simsbury. Chief DiPace responded that was pretty reasonable at $2.3 million with land acquisition.
Mr. Sedlak reported that with the Northwest Fire Station and the repairs to the existing stations based on the Simsbury numbers they are estimating $5 million for a new facility, property acquisition and repairs to the current facilities. He added that other departments like the police department could also use the non-burning training center at the new facility. Mr. Shea questioned if the training center will be at the new firehouse because in the past we talked about them being in two separate locations. Mr. Sedlak responded these are two separate things they are talking about; this is a very simple training facility aside from the firehouse. Mr. Shea questioned if it is at the firehouse. Mr. Sedlak responded yes. Mr. Shea questioned if it is a classroom or training facility building. Mr. Sedlak responded that is something that we do not know what we can do yet. Assistant Chief Appell reported that there is the regional center being worked on with Farmington, the actual
burn center, but they need a place next to the building where they can cut a car, throw ladders against without damaging roofs of current buildings or town buildings, and need to have some resources in town. Chairman Zacchio responded that the type of non-burning training facility is driven by piece of property and there are designs that could accommodate either of those scenarios. Assistant Chief Appell responded that ideally if they could get it all into building would be the most cost effective with all site utilities in one location. Chief DiPace reported that they have also thought about including the area police departments when they do their SWAT training, etc. they can use those buildings without having to worry about damaging them. Mr. Shea reported that as he has said for the past five years we cannot raise the debt service line unless it is something absolutely unusual, a once in a fifty year kind of thing like a large land purchase and his focus
going forward will be on that debt service and we are going to have a lot of challenges.
Mr. Sedlak reported on the burn facility at Farmington along with Burlington and Plainville. He reported that Farmington is working on the property and anticipating that their town will do the construction and what Avon is looking at is our share of the building materials itself. Mrs. Samul questioned if Farmington has a parcel identified. Assistant Chief Appell responded that they have a few town-owned parcels that they are working on to decide where that site will be located with preliminary architectural designs through Farmington engineering firms have donated their time for the project. Mr. Sedlak reported that their share of this project would be estimated at $300,000 without grant money in place which will be sought. Mr. Sedlak reported on the request for an all-terrain vehicle with
Rails-to-Trails, the golf courses, the wooded areas by the rivers, and long driveways to transport equipment and personnel with an estimate of $20,000. Mrs. Samul questioned in the last year how many times would you have needed to use such vehicle. President Mel Gugliotti responded that the department responds to approximately six hundred calls per year and could have used it on approximately one hundred calls. Chief DiPace reported that in situations where they have lost people in the woods and along a trail at the river or brush fires in the woods and along the river the number is at least six. He added that there are a few other all-terrain vehicles in the Highway Department and Police Department but the biggest issue is the response time and getting the equipment available when you need it.
Mr. Sedlak reported on the request for a portable light tower which could be set up and left on scene and provides more light than what is currently on the truck’s light tower; the estimated cost is $25,000. Mrs. Samul questioned what the $25,000 is going to buy. Chief DiPace responded that it will buy an 8-light portable tower. Mrs. Samul questioned if it can be rented out and money made on it. Chief DiPace responded that this would be another regional tool that could be used for other departments as well. Mr. Sedlak reported that the siren systems on their stations are out-of-date and a few do not work and are requesting to replace all with sirens and voice notification system in the case of a town-wide emergency; these would be done one a year for the next four years at $18,000 each
right now. Assistant Chief Appell reported that there is currently no siren system at Company #1 as it was removed when the roof was re-done last year. Mr. Sedlak reported on water supply issues around town and the requests for cisterns at Oak Bluff (estimated $25,000), Deer Cliff and Stony Corners (estimated $40,000 each). Chief DiPace reported that the dry hydrant on Deer Cliff Road in Chase’s pond, due to the all of the issues with the pond and having to drain it, the weeds grew, it muddied up and it has become unusable and non-repairable. He added that Public Works has looked at it; you could spend a lot of money to dig it out and make it work but the same thing is going to happen again. Mrs. Samul questioned if that is private property. Chief DiPace responded that it is private property and many years ago Sunlight Construction had done a project in lieu of open space, the Town Engineer worked a deal, and a dry hydrant was put into the
pond with Arnold Chase’s permission. He added that you do not want to go too deep into the pond as no one knows what the bottom of that pond is and whether you could break the bottom and drain it but we have to do something to have water up there. Mr. Sedlak reported on a long-term project to replace 183 SCBA bottles from 2019 through 2021 at a current cost of $183,000. Chief DiPace reported that several years ago Council approved and we spent $450,000 to buy all new breathing apparatus, including the air bottles which have a shelf life. He added that they are trying to determine the best scenario on replacing that shelf life. Mr. Shea reported that the longer we wait the technology on the bottles will improve and will have a longer life so if you budget this for 2015 and start to look at it then you will get a bottle with a longer shelf life and be able to project how long your stagger them.
Mr. Shea questioned who the point person is for the fire department’s capital budget with his question that what other departments do is they give us a presentation like this and they plot out on a separate paper the annualized capital projects on when you think you need them. He added that in the Spring when you look at this again he would suggest that become a living document with the presentation; it is a moving target that will change as time goes on but it helps to have the two together. Chief DiPace reported that President Gugliotti has a big role in that along with upcoming Chief Trick. Mr. Evans questioned that the engines would be paid out over four years. Assistant Chief Appell responded that they have them listed in a four-year proposal. Mr. Evans questioned when you get the
engines, can you finance them in advance. Assistant Chief Appell responded it could happen a few different ways, typically in the past the money is put aside and once they have the money the truck is ordered and it takes approximately one year to receive the truck. Then they go out to bid with it and by the time the truck comes in they have the full payment. He added that with something like this all the manufacturers are looking for work; they cut their financing with the ladder truck with promissory notes and took payments over three years directly from them. Chief DiPace reported that last year the former Assistant Town Manager had done research on lease purchase but depends on the community’s financial capabilities; they would gladly lease purchase. Mr. Evans questioned if Engine 11 goes out of service completely or if you keep that if you get the two new requests. Mr. Sedlak responded that Engine 11 will stay in service and Engines 9
and 7 will go out of service. Mr. Evans questioned if there was any value to Engines 9 and 7. Assistant Chief Appell responded that there is always a value but he does not have those numbers. Mrs. Samul questioned when you order an engine do you put a deposit down. Assistant Chief Appell responded that it depends on the agreement. Mr. Shea questioned if it would be fair to say that you do not enter into any contractual obligation until roughly within one year of having complete financing. Chief DiPace responded that it really depends on the manufacturer that you are dealing with and whether you are doing lease purchase or paying cash.
Chief DiPace concluded by mentioning that he is retiring as Fire Chief and thanked Council for their support over the years; the fire department has been very successful and very well equipped with some of the best equipment going even though we say we have to replace some things now; it is because of folks like you that make that possible. Chairman Zacchio responded that Council appreciates all that they do. Mrs. Samul added that it is easy to support you when you have some very good people.
VII. NEW BUSINESS
10/11-24 Review, Discussion and Approval: Year End Transfers and Appropriations
Peggy Colligan, Director of Finance, reported that she has been using this format for the past couple of years and provided a brief overview. She reported that the goal is to have positive operating results and if possible to increase fund balance reserves. She is reporting now on a monthly basis as well as quarterly tax collections and for FY 09/10 ended up at 99.82% versus FY 08/09 at 99.81%. She reported that we also closed the year knowing that we were going to have a negative variance in our revenues and the primary areas were: interest income, recording and conveyance, and ECS, totaling an approximate $900,000 revenue shortfall in the general fund. She reported we had positive expenditure appropriation with a 1% mandatory return of appropriation on the town side totaling approximately
$170,000 including the Fire Department; a return of approximately $520,000 in the general fund made of primarily of retirements, resignations, contractual services that we did not utilize, and energy efficiencies put in place. She reported there were two planned transfers in the FY 09/10 budget: $285,000 worth of ban premium to offset debt service and $50,000 – a return from the sewer fund to reimburse the general fund for a share of compensated absences (severance pays) that the general fund had been funding over a period of years. She reported this is a big difference from FY 08/09 as then we were going to the market to issue the final debt on the High School, Middle School, and Town Hall. She reported that we actually transferred in close to $1 million from capital projects, return of completed projects and equity. She reported that with all of that being said we were able to balance the budget and not here to ask Council for any money tonight out
of the general fund which is phenomenal.
The Director of Finance reported that the Board of Education also provided a quarterly report and they had negative expenditures of $780,000 and were able to successfully cover in their budget with no request from them for any additional appropriation except for one that is offset by revenues that come in. She reported that Tabs A through E include very standard entries for Charter compliance, (Tab A) transfers required to put in place without exceeding appropriations; (Tabs B and C) if we receive revenues we have to put out an amendment to balance to the expenditure budget for the general fund and the special revenue funds; (Tab D) recommendation from management and normally would see more activity here but unfortunately with this lean year we were not able to put more money into reserves; we try to put more
money into our pension, twenty-seventh payroll, and other post-employment benefit and we just couldn’t do it this year. She reported that we are looking ahead to FY 11/12 and FY 12/13 budgets and other factors that we know are going to come into the equation and we feel that we should wait and hold off on some of the reserves we have. She reported on a request to move some money out of the general fund into a designation that we established approximately three years ago which is a designation for capital asset replacement, to build it up higher and we have purchased capital equipment with it without having to go back and ask for a request from the general fund.
The Director of Finance reported that there are additional resolutions (Tab E) that require Council’s approval and there are appropriations from fund balance, all special revenue funds; they are accounting entries to balance the budget. She reported that in terms of dollar and percentage in the general fund, through the months she anticipated coming in at approximately 7.01% which is expenditures and operating transfers as a percentage of the budget and we are actually coming in higher at 7.12% taking into account the roughly $150,000 that we used for fund balance to balance the FY 09/10 budget. She reported that with the signs of the revenue shortfall of almost $900,000 we gave back a return of appropriation of almost $700,000 to the general fund. She reported that overall all of our funds are in
very positive shape. She reported that our medical claims fund (internal services fund) had a good year with performance and able to increase the equity from approximately $170,000 up to $330,000 which will help to build this reserve as we go through the FY 11/12 budget and anticipate that when everything is finalized with the audit we hope to move a little bit more money there from operations because we had a good positive year where normally we would ask for a transfer from the general fund to cover this. She reported that the credit rating agencies look to all of our funds.
Mr. Shea reported that the overall fund balance and the medical claims fund are really key and items that the Council focuses on, items that the Board of Finance should focus on. He added that our previous Town Manager and our present Town Manager are going to encourage us to try and build both up. He reported that the previous Town Manager’s goal was ten percent which he thought was a little high and there is a delicate balance with the rating agencies. He asked the Director of Finance, in her reporting and interaction with other communities, how many other communities had positives in these areas. The Director of Finance responded that she would say there are a lot of erosions and not positives. Chairman Zacchio reported that the previous Town Manager always looked at that ten percent
high watermark but another rating the agencies like to see is an incremental balance such as it is related to your budget increasing each year. Mr. Shea reported that this body has to deal with how do you balance taxation versus the build up of that fund and we have walked that line pretty well and have quite a challenge on our hands.
The Town Manager reported that in terms of fund balance ten percent is what everyone aspires to but recently the rating agencies have increased the percentage and see more like fifteen percent and questioned if very few if any towns in Connecticut that do that but the bar is being raised. He reported that where we had the challenge this past year was with respect to investment interest and our investment income was off approximately $500,000 out of the total revenue shortfall of $900,000 and when we budgeted for FY 10/11 we corrected for that so hopefully this year we do not have that structural deficit. Mr. Shea reported that with the lack of activity there we also have the benefit of lower interest rates on the bonding side. The Town Manager responded yes, which is what we saw when we did the BANs for
the library project.
Mr. Pena questioned if a breakdown could be given to tell how much was actually spent on the particular items listed under legal (Tab A). The Director of Finance responded yes; the Town Manager’s office keeps an itemized report of these costs. Mr. Evans questioned where the breakdown is of the $900,000 revenue shortfall. The Director of Finance responded that it is not in the provided material as it does not include a revenue detail section. She reported that when she receives a copy of the CAFR she can isolate that particular report, highlight it, and show it to Council. Mr. Evans questioned it is a shortfall against a projection, at the beginning of the year you make a projection based upon all of the information available to you about potential revenue sources where you think the
Town is going to end up. He questioned if it is not unusual to have a shortfall on revenue. The Director of Finance responded that he was correct and it is not unusual to have a shortfall on revenue but it is unusual to have one that large because of what was going on in the nation. Council thanked the Director of Finance for a job well done.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council hereby recommends that the Board of Finance approve the Fiscal Year End Transactions: Transfers, Supplemental Appropriations, Designations and Appropriations from Fund Balance as outlined in the booklet Final Fiscal Year Transactions FY 2009-2010 and as described in the memoranda from the Director of Finance to the Town Manager.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
10/11-25 Transfer of Appropriation: AHS ADA Code Compliance Project, $18,504.70
Chairman Zacchio questioned what the money will be used for in terms of the AHS ADA compliance issues. He added that there were a number of issues at the end of the project that we were cited on and needed to address. The Town Manager responded that this transfer is completing the architectural work. He reported that at the last Council meeting Gary Franzi fielded a question regarding the ADA compliance projects going forward. He reported that unfortunately without having the architectural work completed we cannot assign a value to those capital projects that are still outstanding and there is a fairly extensive list of projects that have not been addressed and this is holdover from the 2008 addition/renovation project. He reported that this is not to do anything in terms of getting the
projects complete physically but about getting the architectural work completed so we can go out and get solid bids and estimates for those costs. Chairman Zacchio questioned why at the end of a capital project we do not return those funds to the general fund balance and then an appropriation like this run through the Board of Finance; is there a preferred method. The Town Manager responded that we could do it that way and there is a strong argument for doing it that way if for no other reason it provides a more accurate audit trail and has seen it done both ways. Peggy Colligan, Director of Finance, reported it can be; we do not have a formal policy on setting up a capital projects reserve and maybe something Council wants to pursue. She reported there are options: a transfer, a return to the originating fund as it may not always be the general fund account similar to the sewer fund and Fisher Meadows, or close it and re-appropriate it out of general fund
or another fund’s fund balance. Chairman Zacchio reported that it is a little more liquid in terms of where they sit it is a little harder to account for as you look at the bigger picture but it gives better flexibility in terms of how to use it.
The Director of Finance recalled that in 2007 the Board of Education had approximately five different projects going on at the time and we did end up doing quite a bit of movement between projects as well as appropriations from fund balance. Mrs. Samul reported that she likes the idea of keeping a good, clear paper trail. She questioned architectural work the Board of Education is using this money for. The Town Manager responded background was received from Gary Franzi on punch list items that were identified by the code compliance officer. Mrs. Samul questioned that these are things which we are not going to be able to recoup money from other entities that we hired like the architect, etc. The Town Manager reported that there was a legal opinion that was done at the time as to whether or not
funds could be recouped from those parties and it was decision of the Council at that point not to go through that process. Mrs. Samul reported that she does not have a problem with transferring funds as we did with one of the boilers to incorporate or expand the project to include the controls for the boiler associated with the same project; it is more logical from a bookkeeping point of view if we do not take something which is not the same project but a totally different building. Chairman Zacchio responded that this is something that we can talk about in terms of there being no policy and basically a theory of how we have handled those capital budget pieces in the past and in the future take time to talk through on a recommendation on how we might handle it differently or have options laid out. He added that for this one in particular however if we were not appropriating it from one of these funds we would be asking for a supplemental appropriation through the
general fund balance. Mrs. Samul responded that it is more transparent if we do it the other way. Mr. Evans questioned where the balance of this comes from anyway. The Town Manager responded the balance of $18,504.70 is what we would be transferring from the unexpended balance of this capital project.
Chairman Zacchio reported that Council should have a conversation about the options in terms of how we account for that so we can determine if we want to continue on the path we do today or we want to start thinking about a policy where we would return that to the general fund balance and make supplemental appropriations each time we needed to; there are benefits and downfalls to both of those scenarios. Mr. Evans questioned that we are not going to make any changes to the proposal tonight and we will consider it for future similar situations. Chairman Zacchio responded that we should approve this item as requested and the discussion we might have in a future meeting is on policy around how we would handle these types of issues in general; this methodology is the one that the Council has done and followed for
the last ten years so if we are going to change that process we have to have a discussion around what are the options in order to change that process, from an accounting standpoint what are the benefits and pitfalls of those two options so we can determine a policy which we do not have in place today. Mr. Evans questioned that as requested the transfer would go to a regular general fund balance. Mrs. Samul responded no; that they have requested it go to the other project which she feels is not a clear accounting process. Mr. Evans suggested that maybe Council should table this, pending further discussions. Chairman Zacchio questioned if there is a timing issue in tabling this item. The Town Manager responded that in the big picture he does not know; he had a discussion with Gary Franzi and he received all of the supplemental information as to whether or not we could hold off until January and he did not have any issue with that but beyond that he is
not certain. Mr. Shea reported that if we were to go backwards, recognizing Mr. Evan’s point, it might be difficult to have a well thought out policy in place by January therefore he would agree with the Chairman and suggest that we approve this because it is well documented, it is detailed, it is transparent, and we can move forward. Mr. Pena reported that he agrees it would be worth to look into the policy. Mrs. Samul reported that the projects are not related and this did not even appear in the capital improvement projects presented as necessary or desired by the Board of Education when we had that presentation just last month so she has a problem with that, as to why they chose this item as opposed to something else that was on their capital improvements. She added that we have done it both ways but when it has been transferred it has been to expand upon an existing project and the funds have been approved by the town’s people for that
project and also from an accounting perspective.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council hereby recommends that the Board of Finance amend the FY 10/11 budget by transferring from Capital Projects Fund (Facil & Equip), BOE CIP-Facilities, Boiler Replacement – AMS, Account #02-4859-53022 to Capital Projects Fund (Facil & Equip), COE CIP-Facilities, ADA Code Compliance Plan Corrections, Account #02-4859-53108 in the amount of $18,504.70 for the purpose of funding the preliminary architectural/engineering work in order to respond to the State (Phase II).
Messrs: Zacchio, Shea, Pena, and Evans voted in favor. Mrs. Samul opposed.
10/11-26 Appointments: Avon Clean Energy Commission (12/31/2011)
Chairman Zacchio reported that there are three open positions on the Avon Clean Energy Commission of which Council has candidates to fill two of the positions. Mr. Shea introduced Brian Glenn, a graduate of Avon High School. Chairman Zacchio expressed congratulations to Mr. Glenn.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council appoint Jeff Bernetich and Brian Glenn to the Avon Clean Energy Commission with a term ending December 31, 2011 and table the remaining vacancy until the January 6, 2011 meeting.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
VIII. TOWN MANAGER’S REPORT/MISCELLANEOUS
Misc. A: Purchasing Update: The Town Manager reported there are ongoing purchasing activities and he would answer any questions that the Council might have.
Misc. B: Operating Budget: The Town Manager reported that beginning in mid-November he and the Assistant to the Town Manager began talking with department heads and actively operating budget requests as we start thinking about fiscal year 2011/2012. He added that one of the areas that we are monitoring very closely now that we have a new governor and new administration is to see what happens with state aid, particularly with respect to Educational Cost Sharing funding; it has been very quiet thus far but we will let Council and Board of Finance know if we hear of any developments in that respect.
Misc. C: CT Alert & Aware (Everbridge) Update: The Town Manager reported that we are continuing to move forward with the Everbridge program which is an external alert system that can be used to advise residents of disasters, emergencies, and give important instructions/notifications. He reported that we are still in the process of rolling this out; we have done the internal trimming and at this point has not been loaded up onto the town’s web site but will be shortly; if residents are interested they can opt in through the state portal.
Misc. D: EMS Update: The Town Manager reported that since we began this process it is time consuming to do it right; the committee originally wanted to wrap their work up a lot more quickly than it is going but they are being very thorough about it and getting into looking at the response times and national benchmarks. He reported that they are pushing out their timeline and likely will not have a report back for four to six months and he will continue to monitor it and most importantly give Council updates as we head into the new year about how that is going to impact our contractual situation because the way we looked at our paramedic agreement with AMR and our agreement with UCONN was basically a year to year agreement so we may have to start
thinking early on about extending that perhaps for another year. He reports that there has been no negative feedback regarding service provision with respect to either in the last couple of months and they integrated the third ambulance with the paramedic seamlessly and one of the things he will talk to the Chief of Police about is trying to determine from the response times if there has been a positive impact with respect to rotating that third ambulance in during peak hours.
Misc. E: Proposed Zoning Regulation amendment for schools in the Industrial Park zone: The Town Manager reported this is specifically the proposal that is before Planning and Zoning right now with respect to the CREC school and there has been discussion about amending the IP Zone to allow for a school by special exception, currently a 250-student school is allowed in the zone and the CREC is approximately 435 students. He is not sure what direction Planning and Zoning is going to take and not sure what direction the property owner, Ensign Bickford, is going to take but it is possible that this may not show up on an agenda again for a few months if they go back and refine their drawings. Chairman Zacchio questioned what
CREC’s overall timetable schedule was. The Town Manager responded CREC would like to get an approval as soon as possible; they have their state financing in place, ready to roll, and actively pursuing this. Mrs. Samul questioned who maintains the building, i.e. replacing the boiler, roof, etc. The Town Manager responded that CREC is responsible for the maintenance and operation of the building; there is a very complicated financing arrangement for how CREC and the town interact. He reported that there could potentially be an impact to the town; how that translates in terms of capital improvements you will not see capital improvement items show up on the Board of Education or the Town budget to replace their facilities; the largest part of their funding is coming from the State of Connecticut so that the State basically gives them $10,500 for every student that attends the school. He reported that with most CREC schools the cost of educating the
student is more than the state grant so the difference between the state grant and the actual cost of educating the student is what the sending community must make up in terms of paying for the difference. He reported that one of wrinkles in the formula is that there is not necessarily a resulting offset in the cost to the sending school district so even though you are taking one child out of the school system you still have the same overhead until it hits a break point. Chairman Zacchio reported that it all depends on the number of kids and how it affects the population of kids in that age group. The Town Manager reported that it also depends on the cost of education for the CREC school because each is different depending on what their focus is and the sending school. Mrs. Samul reported that presumably between what the sending communities pay and what the State pays it should be enough to educate the students and maintain the property and if the property
is not maintained do we have any recourse through our regulations. The Town Manager responded that he would not think more than we would for any other property unless Planning and Zoning were to put special conditions on the approval. Mrs. Samul reported that the State is so tight with the budget right now and could see them under-funding and she does not want an eye sore; she thinks the school is a great idea. Mrs. Samul questioned what the theme of this school is. The Town Manager responded that it is Pre-K through Grade 5. Chairman Zacchio added that he believed it is methodology driven and not a specialty school. Mr. Pena questioned if CREC has an alternative site. The Town Manager responded not that he knows of; there was some discussion about a site in Simsbury but this is the preferred site. Mr. Evans questioned if there will be a transfer of the land or actual sale of the land. The Town Manager responded yes. Mr.
Evans questioned if CREC will be the owner. The Town Manager responded it would be CREC or the State. Mr. Evans questioned if there will be some increase in tax revenue from this. Chairman Zacchio responded the only revenue would be from building permits in the construction phases but beyond that no revenue in terms of tax. The Town Manager responded there is no pilot funding either. Mr. Shea questioned the role of the Town Council in this process. The Town Manager responded that he was not sure there really is one. Mr. Shea reported that at some point someone in the community is going to ask what are the pros and cons to having the school here and suggested that Planning and Zoning obtain a document from the applicant that states these to the community and help them better understand why they are trying to move forward or not move forward. Mrs. Samul suggested an article in the town newsletter. The Town Manager reported that
through the Board of Education CREC is looking to schedule a meeting of which he has been invited along with the Superintendent of Schools, the Director of Planning and Community Development, and Planning and Zoning Commission Chairman and will make that inquiry at that time.
Misc. F: FOIA Highlights for Elected and Appointed Boards and Commissions: The Town Manager reported that contact has been made with FOI and Tom Hennick, Public Information Officer, is happy to come out with advance notice and do seminars and answer questions; they are very user-friendly and informative.
Misc. G: Green Efforts: The Town Manager reported that the Assistant to the Town Manager has been working with the Clean Energy Commission and our regional partners and moving forward with the Regional Energy Manager project. He reported that we do have a contractor that we are looking to use and that is Peregrine Energy, a unanimous choice by all of the participating towns, and we now looking at contract language. He reported that now that we have some new members joining the Clean Energy Commission we will be getting them up to speed in the next few months and making some decisions.
The Town Manager reported that on this past Monday, he and a number of other staff members met representatives from DOT on Route 44 on the mountain to do a walkthrough and it was in preparation for the official opening of the improvements. He reported that everyone had the expectation that speed would be an issue. He reported that he asked the Chief of Police work through DOT for additional funds, approximately $30,000, which might be available for speed enforcement. He reported that along the border of the landscaped areas the stamping pattern has not yet been put down because of the cold temperatures as it would not take so it is likely that it will get pushed off into next year. He reported that the most extensive conversation that they had was around the maintenance of the landscaping and there
will be a follow-up meeting with Dave Ferraro and other DOT and town staff to talk about how all of that is going to work. He reported that it will be us eventually. He reported that where the gravel and roadway intersect there is quite a drop off which will be adjusted to reflect a slight depression. Mr. Shea reported that seventy percent of the accidents took place in bad weather and that will probably still be the case so we have to work with the DOT on how we try to negate that now that people will be traveling even faster. The Town Manager reported that there has been discussion with the Police Department about redrawing the districts to make sure that there is more of a permanent presence there.
IX. EXECUTIVE SESSION: Litigation/Negotiation
A. Discussion of strategy with respect to pending claims by the Police Union
B: Pending Claim/Litigation
C: Personnel issue
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council go into Executive Session at 9:00 p.m. for discussion of strategy with respect to pending claims by the Police Union, pending claim/litigation, and personnel issue.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
The Town Manager, the Assistant to the Town Manager, Town Attorneys, and the Clerk attended the session.
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council come out of Executive Session at 10:05 p.m.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.
XI. ADJOURN
The meeting was adjourned at 10:05 p.m.
Attest:
Caroline B. LaMonica
Clerk
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