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Town Council Minutes 04/08/2010
AVON TOWN COUNCIL
MEETING MINUTES
April 8, 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.

III.      MINUTES OF PRECEDING MEETINGS:        February 27, 2010 Special Meeting
        March 4, 2010

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council accept the February 27, 2010 Special Meeting minutes as submitted.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED: That the Town Council accept the March 4, 2010 minutes as submitted.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.

IV.      COMMUNICATION FROM AUDIENCE

Linda Merlin reported that Connecticut General Statutes Chapter 106, Section 7-344 provides for inserting into a budget referendum a provision that includes a question to indicate whether the budget is too high or too low.  The Statute talks about the Board.  She understands that the interpretation by one Council member is that the Board is the Board of Finance, however it doesn’t say that and could be interpreted as the Town Council to have that be part of the ballot.  Why does she think the question should be included?  She reported that the will of the people in this town was demonstrated on Monday night in such force as she has never seen in a huge community spirit, a rallying around, a pride in what our town is best known for, its education.  She reported that the Board of Finance has for years taken away her right to exercise her vote properly by always giving inadequate budgets that have deeply cut into our services in both the town and the school.  Since she can’t vote no as it will only be interpreted as it needs to go lower, it’s effectively telling her that she can’t exercise her right because the Board of Finance predetermined what her vote means.  Something like this is in the statutes because it allows towns to see what votes really mean, it’s not binding and no one has to follow it.  But it will really let you know that if Monday meant something, if there is a political wind in this town, why wouldn’t the town want to know that and give the chance for the people to invest in their community.  Chairman Zacchio responded that it is the Town Attorney that has weighed in and stated that the Board of Finance is the Board that controls what would appear on the ballot.  He added that Ms. Merlin’s argument is a good one and he would encourage her to bring to the Board of Finance and ask them for what they might see.  He reported that it would be difficult for the Council to weigh in over the Town Attorney and what the Board of Finance seems to have the ability to do if they choose to do so.  He added that in his world ‘no’ means ‘no’ and in the purest form of democracy when you vote yes or you vote no that is the indication that it is either too high or too low.  Ms. Merlin responded no and that there are two directions.  Mr. Shea reported that Monday was a proud day for the Town of Avon as a lot of people participated and to the best of his knowledge everyone was very respectful of one another and not everyone always agrees in this town or for that matter in any other town.  He looks at Monday like it was a banner day for the Town of Avon because it reaped of participation and enthusiasm and people being involved.  It is something that this Council has clamored for years, asked for more participation and asked more involvement.  He spoke for himself when he stated that it doesn’t always go his way and sometimes he’s in the minority.  He understands Ms. Merlin’s frustration and we all have what we think the public should vote on but the Board of Finance was elected and your question, which is worthy, is one for them and although something might not be done this year maybe down the road they should take a look at what they want to do and how it can be done most effectively and most efficiently.  Mr. Shea’s impression is if you vote against the budget, they cut the budget so he is going to vote yes and encouraging everyone else in town to vote yes and he hopes that the budget passes and hopes that the Town can move on to work within that budget and try to make the Town the best town that it can be.  He doesn’t look at it as though Ms. Merlin is being shut down but as though we’re moving forward and we’re all going to try to make this work whether we like it or not.  Ms. Merlin questioned when the ballots are made.  The Clerk, former Town Clerk, responded that the ballots will be available in the next day or so as a figure was agreed on at the budget workshop by the Board of Finance.  Mr. Pena reported that Monday night was a very good day for the Town, a tremendous amount of people were there, more then he had seen that he didn’t know.  He reported that it’s great to have the number of people come out and he doesn’t think they should become disillusioned because of the fact that it might not have gone their direction.  But if it continues to have that kind of people coming out on a regular basis, then things could change, and the more people involved in the process the better as it gives more representation of what the Town really wants.  Mr. Pena stated that he will be supporting the budget, and a ‘no’ is ‘no’ and we need to tell our people to vote for yes even though it may not be the budget that some others may want.  Ms. Merlin reported her understanding that the people who usually oppose the budget when they choose to haven’t changed their focus and doesn’t see why the Board of Finance couldn’t have given us a chance to do something better and thanked the Council for entertaining her question.

Mr. Colman, Board of Education member, questioned what happens now to the Pine Grove playground in terms of the Town match.  Chairman Zacchio responded that there is no match.  There is approximately $130,000 raised in private funding and the Council had put $100,000 in the capital budget.  He reported that a reduction was made to the $100,000 in order to meet the goal that the Board of Finance gave the Council last night.  What remains in the capital budget is $62,800 to join the $130,000 in cash and there is also an opportunity to do some in-kind service, site work that the Town can try to do with the Public Works Department, the value is not known because we do not have the project scope yet.  He reported hope that these three funding vehicles can replace the playground equipment.  He talked to some of the Playground committee members last night and they are pretty happy that the Council remained with some monies in there and they felt that they could get something done so that was encouraging.  Mr. Colman reported his support of the Conflict of Interest policy and great that the Town has one.  He questioned whether there was any consideration to be a little flexible with regards to the current interim Superintendent situation and that person being able to become the permanent Superintendent.  Chairman Zacchio responded that Mr. Colman’s question would be taken under advisement and there is an item on the agenda this evening regarding the interim process.  He added that the Council also supports the Conflict of Interest policy and there may be a host of reasons why we would or would not want to waive the policy for the interim Superintendent.

The Town Manager reported, with regards to the next steps with the Pine Grove playground, the Town received responses to an RFP last week.  A Committee has been formed with Dave Paul, Gary Franzi, himself, and representatives with Pine Grove School and will be working together to review those responses.  The selection process has been structured to first work through the proposals to decide who best meets the needs and once a short list has been identified the bids will be opened in the next couple of weeks.

Diane Carney, 36 Rosewood Road, commented on Ms. Merlin’s presentation regarding the turnout on Monday night being a community wide effort.  Ms. Carney reported that there are approximately 17,000 in the community and the auditorium was filled with 625 people so it was an out-pouring but did not represent the entire community and opinions or thoughts of the entire community for many reasons.  People that thought differently did not appear for many reasons that are obvious because there was a police presence, people were intimidated and did not show up.  Mr. Shea agreed with Ms. Carney but it is unfortunate that they are intimidated because it was a well managed night.  He responded that it was rare to have the entire auditorium and gymnasium filled and quite candidly in Avon there is far too much apathy and he doesn’t say that in a judgmental way.  He reported that if you want good representation, for the Town to be the best it can be, no matter whether you agree or disagree, it is good to have the participation.  Ms. Carney regrets that it doesn’t happen on an ongoing basis and in response to an issue that is so divisive; people should be coming to Town Council meetings, Board of Finance meetings, and Board of Education meetings on a regular basis.  She added that she attends Board of Education meetings and that is what we need in this Town.  A lot of this was hysteria on the parts of parents and teachers for a particular goal.  Chairman Zacchio responded that he agreed and that the Board of Finance understood that based on their decisions last night.  Ms. Merlin clarified that it was not representative of the entire community, but it was an expression of enormous pride in the community.

The Town Manager reported that the Accreditation Team is coming this weekend with a Public Hearing scheduled for Monday night next week.  Chief of Police, Mark Rinaldo, reported that the Accreditation Team will come in on Saturday and spend four days in town with an official tour of the Police Department.  The team has already looked at 350 accreditation files with another 150 to look at.  The Police Department is looking in very good shape and will meet the goal and a great program set.  On Monday evening is the Public Hearing from 5:30 to 7:00 p.m. at the Avon Library with a phone-in session from 1:00 to 4:00 p.m.  He encouraged anybody in the room to stop by and express good faith or opinions about the Police Department.  It does help the Police Department achieve the accreditation which has a lot of benefits to the Town and Police Department.

V.       COMMUNICATION FROM COUNCIL

Mrs. Samul reported that she attended a Blue and Gold Dinner and in the last month the Town has twenty-two weeblos progressing to Scouting and among those was Jordan Lazinsk, Sgt. Lazinsk’s son.  Chairman Zacchio extended congratulations to Sgt. Adam Lazinsk who was sitting in the audience.

Mr. Shea reported that Monday night was well managed by the Police Department, the Fire Department, the High School staff, Town Manager, and all those involved and should be publicly recognized and complimented.

Mr. Evans reported that at the time the Council had considered the Wild & Scenic Designation of the Farmington River in the best interest of the residents of Avon and acted responsibly as a Council to reject it.  He added that more information was required in order to be able to make a judgment call that would require federal oversight to a portion of the Farmington River in Avon and it was interesting to see a lot of e-mails go around as a result of the actions taken by the Council.  He is glad to see that the Council is able to revisit that and further deliberate and see if that is in fact the right thing to do.  He stated that the decision he made not to support it at that time was the right one but is open to it and glad the Council is continuing to have discussions on that.

Mr. Pena reported that Monday night’s event is more activity that he has seen from the townspeople in the almost twenty-years that he has lived in town and very good for the Town and hope it continues.  Chairman Zacchio added that volunteerism is alive and well in Avon and the turnout on Monday night is another indication that we are beginning to have more of a ground swell of folks being involved which can only be a good thing for the Town.  He also commended the Police Department, Fire Department, and volunteers from Monday night.

VI.      OLD BUSINESS

07/08-08       Library Project: Construction Manager Recommendation     
  • Status and Next Steps
The Town Manager reported that two weeks ago a meeting took place with Lisa Moody, Governor’s Chief of Staff and Bob Genuario, Secretary of OPM who are very involved in setting the agenda for the Bond Commission.  He reported that the Town wasn’t pleased with the bottom line but they showed a lot of candor in the meeting and discussed many of the issues that the State was facing in terms of the economic downturn.  He reported that the $1 million grant is still in play but there is no commitment as to when it will be forthcoming.  There is another Bond Commission meeting scheduled for the end of April but do not expect that item will be on the agenda.  Chairman Zacchio reported that they were told there would be no municipal items on the Bond Commission April agenda with exception of one bridge as a follow-up from last month’s meeting.  He reported that the best case scenario is they have a Bond Commission meeting in May but could move out to June.  The Town Manager reported that the State is in such a condition right now, possibly on negative outlook in terms of its credit rating, and if the State is downgraded in terms of its bond rating then they have even more trouble as more revenue goes towards meeting debt service requirements, along with other issues in play with the legislature, some spending proposals.

Chairman Zacchio reported that when we left the meeting some impressions left with Ms. Moody and Mr. Genuario were that we have a near shovel ready project and while there were four library boards that were granted the $1 million by the State Library Board, Avon was the only one near completion and ready to go.  He reiterated to the State staff that we are going to put about four hundred people to work and about twenty-nine firms for approximately thirteen months which seems like a pretty good thing for the State of Connecticut.  He walked out with, if there is going to be a library on a Bond Commission agenda in the future this year Avon should be it and doesn’t understand how anyone else would be if they don’t have those kind of criteria.  He reported that Mary Suter questioned if there has ever been a case where a State Library Board has pledged a grant and the State hasn’t come through and actually funded it.  The Governor’s staff understood the position that we were in.  The Town Manager reported that just by looking at the agenda for Bond Commission meetings scheduled through the end of the year there are meetings on the calendar from April through October and December.  Mr. Shea reported being very enthusiastic about having a meeting with State staff and expressed thanks to Chairman Zacchio, the Town Manager, and Mary Suter for going to the State and doing their best to represent the Town.  He reported that he had a chance to speak with Representative LeGeyt who shared that both he and Senator Witkos could not have been prouder and imagined the outstanding job done at the meeting.  He reported that he hopes we get the money but if we don’t than we are doing all we can to try and get it and represent the citizens of Avon well and we couldn’t have been better represented by any three people.  Chairman Zacchio reported that we also received an e-mail from Beth Bye who is also in our corner and trying to get the library project on the agenda and happy that we had a meeting and would continue to push for the Town as well.

The Town Manager reported that the design development process is complete.   He reported that the Committee has moved into the construction document phase.  The Committee has recommended Enterprise Builders to serve as the Construction Management firm for the project.  He reported that the next steps are for the Council to make a determination as to possibly allowing the Town Manager to work with the Town Attorney to finalize the contract with Enterprise Builders and move forward with their pre-construction services and construction documents to prepare the project for the bidding process.  He reported that the Construction Manager performs an important role at this point and their work is going to be structured as part of two documents, pre-construction and construction phases.  He reported that the pre-construction phase is approximately a value of $10,000 and work very closely with the Architect to review the current status of the plans, make recommendations regarding layout, value engineering, and cost savings in an effort to prepare the best product possible for bid.  He added that following the pre-construction phase, the bulk of the Construction Manager’s fee is in their construction phase contract which the Town would negotiate once the maximum price of the project is determined and that we will know once the project is out to bid.

Chairman Zacchio reported concern about the $1 million grant and the speed we’re going forward with and not knowing if we will receive the $1 million.  He added that a decision will need to be made if the $1 million is not received, how we move forward.  Mr. Evans reported the same concern and questioned where the source of money is now which is being used for the process of the design documents, etc.  The Town Manager responded that we have identified capital projects that have an available fund balance and doing an internal borrowing mechanism that will have to be approved at the end of the fiscal year as inter-fund transfers.  Mr. Evans questioned how far we need to go to be “shovel ready.”  The Town Manager responded that it would require completing construction documents, a total of approximately $300,000.  He added that to date, given the costs of the work we incurred, we’re approximately $170,000 shy of that.  Chairman Zacchio questioned the time period it would take to be “shovel ready.”  The Town Manager responded that the plan is to have the construction documents completed by the end of May/early June.  Chairman Zacchio questioned what happens if the Town does not receive the $1 million grant and have to change the plans.  Ms. Hornaday responded that the Committee has determined exactly how far they can go and still have the grant in play, going through construction documents and until contracts are signed with construction firms that the grant is still a possibility and looking at the fall timeframe.  She added that the Committee is also concerned about the $1 million and they have looked at what some implications are regarding the state of the economy today.  She reported that when the project went to referendum there was a schematic design and therefore estimates of cost developed in 2008.  She reported that there have been some changes and the Committee is reviewing those as they are committed to not asking for another dime from the town.

The Town Manager reported confirmation from the State Library that the Town can bring the project all the way through the bidding process, however cannot sign the construction contract with Enterprise Builders once we have guaranteed the maximum price.  Mr. Shea questioned if that was in writing.  The Town Manager responded yes and that the Town Attorney researched it.  Chairman Zacchio questioned how long the bids are good for.  The Architect responded that can be determined in the specifications, but typically is sixty days or ninety days.  Mr. Czarnecki, Enterprise Builders, first thanked everyone for allowing his company the opportunity.  He reported that based on what his company has communicated thus far in the constructability analysis and the work that has already been started and understanding the financial issues in front of the authorization, his company has looked at it where it will take the Architect the next two or three months to finish the documents, if the prices went out to bid it is approximately one month between soliciting and obtaining the bids which would put the timeframe at four months.  He added that to get the Town’s arms around the pricing from a real pulse of a budget update and then the final GMP would afford the Town the opportunity where Enterprise Builders would say the Town has their numbers that may in fact be a half million dollars under the budget, done some snap shot pictures and feel the Town is well within your budget right now but to really get the documents done and out to bid if the funding wasn’t secured or the bond issue was still precluding the Town from making your final decision if the documents were such when they went out to bid it could be listed that the numbers are good for ninety days which would afford the Town another ninety days into the September/October timeline.  He reported that in the event that something didn’t happen and the project wasn’t able to move forward until the spring, the Town would have a committed number which no one is going to hold or guarantee but the Town would know where you are and could defer the project and re-bid when ready.  He added that Enterprise Builder can adapt and willing to work with that.  Mr. Shea reported that Enterprise Builders has an outstanding reputation and the Town is lucky to have them and the Building Committee has done an outstanding job finding the right Construction Manager for this project.

Mr. Shea suggested tabling this item for thirty days.  He reported that it doesn’t mean the Council doesn’t have confidence in the Architect, the Construction Manager, the Building Committee, or the Friends of the Library.  He reported that it allows thirty days more time to gain more knowledge, take measure of where we are at, and have a chance to perhaps marry up with the Bond schedule on the back end realizing nothing is going to happen very quick.  He did not want anyone in the room to think that by suggesting it be discussed again in May that in any way, shape, or form going to hurt the enthusiasm for the project, affect the pricing for the project, and will have a little more knowledge and better understanding as to where we are with the State grant.  Mr. Evans questioned Mr. Shea’s comment about the Town being in a better position thirty days from now regarding the Bond schedule.  Mr. Shea responded no that we probably wouldn’t know anything, but in looking at the timing of it, the construction market isn’t going to change much, we have competent, professional staff, we have two committees that are geared up and ready to go, it’s a little break in the action for thirty days and allows us to slow down enough to catch up with the Bond Commission on their timing.  Mr. Shea reported that it’s hard to ask a contractor in this market to hold their price for ninety days as two things happen, they may hold their price or they call the Construction Manager team and tell them they cannot do the job for this number.  He added that knowing how competent Enterprise Builders is they will have a number of subs lined up to step right in but how do we know that they will match that number.  He feels as though there will be unnecessary pressure on the Town to do something and we would be a lot smarter post-May.  He added that if we had the $1 million grant in our pocket it would be a different conversation.

Chairman Zacchio reported that the parting discussion with Lisa Moody and the state reps was to keep the dialogue open and reach out within thirty to sixty days and re-have this discussion and see where the State is.  He added that the recommendation of tabling the item for thirty days plus a few weeks falls under the forty-five day mark and perhaps the Council can have the Town Manager make contact with the State staff a week or few days prior to the May Council meeting and try to get more information.  Mr. Shea reported not seeing how thirty or sixty days will hurt the Town of Avon.  Mr. Evans does not think he opposes the recommendation being made but wants to make sure that from a perspective of the Governor’s office that the Town is continuing to move forward and show that as a Town we are moving forward with the project.  Chairman Zacchio responded with his perception from the meeting with State staff that they would like the Town to move as fast as possible as Lisa Moody noted that the construction market is a little lighter than it once was and maybe save money and not need the $1 million grant.  He added that the Town went out to referendum including that as part of the language saying that the Town would bond up to $8 million and included a $1 million grant from the State.  Mr. Pena questioned if we will know that much more in thirty days.  Olivier Gressier, Avon Clean Energy Commission Chairman, commented on the next thirty to sixty days and receiving bids today or six months from now and end up not going forward to keep in mind the construction industry is in a lull right now and it is a buyer’s market and if you delay that by a year the dynamics will be different with a recovery on the way and the availability of the trades will begin to decrease.  Mrs. Samul questioned that if we were going to delay another thirty days are we getting into a construction period where starting would be dubious.  The Architect responded yes and advocated finishing the construction documents which would cost an approximate $170,000 beyond what was already permitted to the Building Committee.  Mr. Czarnecki added that no one can predict the weather which is the biggest problem, however, interesting how many projects Enterprise Builders have started in November/December.  Mrs. Samul questioned if the thirty days would be an issue as far as Enterprise Builders is concerned.  Mr. Czarnecki responded that he did not think so and noted that the contractual arrangement that is designed and being used has actually afforded the Town a lot of flexibility to enable you to go further along with the pre-construction to be better prepared rather than being put at risk if documents were put together, out to bid, and then the job doesn’t go.

Mrs. Samul questioned if the Council moved forward with the project tonight or any other night prior to obtaining the money from the State of Connecticut what exactly are we putting forward.  Chairman Zacchio added that if we complete design and construction documents and do not get the $1 million grant and the scope of the project is changed as a result of that are those documents valid.  The Architect responded that the advantage of having a proper estimate based on completed drawings in hand, the question of what is being put forward can be readily answered and allows time to make adjustments if needed.  Mrs. Samul questioned if we move forward and we get the final cost and it comes at $8.5 million and we get the $1 million grant are we spending the extra $500,000 being obtained from the State or are we reducing what the Town has to bond by the $500,000.  She added that if we do not get the $1 million grant, our vote was to spend not more than $8 million, and have we changed the project to the degree that our referendum is invalidated.  Chairman Zacchio responded that the Town Attorney was asked that question and the answer is no.  The Town Manager added that the key is the $8 million that the Town cannot exceed.  Mr. Evans shared Mrs. Samul’s concerns and added that the Town has a project that went to referendum to authorize $9.5 million based on the certain drawings and plans and then we come back and proceed to build something that is only worth $8 million in a different, smaller scope, is that what the voters approved and do we have the authority to do that?  Ms. Hornaday responded that the Town would not be asked upon more than $8 million.  She added that if we didn’t spend that money, of which the Committee is committed to getting the best we can by not having to spend every dime, the bond amount would be less.  She added that some of the items that were anticipated to cost more when figures were initially received are projected to come in lower.  Mr. Shea reported that thirty days from now he thinks we will have more knowledge and a better understanding of that delicate balance.  He added that no one wants to wait until the construction market rebounds or until the last second, but thirty days gives us a chance to breathe, a chance to measure the climate, and get a finer look at that delicate balance.  Mrs. Samul reported that originally we had $300,000 for this initial stage.  She questioned how we have paid for the other approximate $130,000 so far.  The Town Manager responded that it is out of appropriated funds in other capital projects.  Mrs. Samul questioned if there is a tipping point where we get in trouble with that.  The Town Manager responded that the construction documents can be paid for out of it, another approximate $170,000, but to get into hard construction he would not be comfortable continuing this method of payment.  The Town Manager reported another option regarding the requirement of the State Library and not signing construction documents without losing the money if we do not have an agreement in hand; some research was done and those rules are not statutory or regulations and appear to be a policy of the State Library Board and a possibility that the Town could make an appeal.  He added that this is the first State grant that may not be funded in extraordinary economic times and may be able to approach the State Library Board and tell them that if the Town is willing to finance the project internally or transfer from fund balance at some point, we sign the contracts and move forward, can we count on the State at least not to exclude us from possibility for the Bond Commission.  Chairman Zacchio responded that it was not an option that he would be comfortable with.

Ms. Hornaday questioned what it is the Council does not want the Committee to do over the next thirty days.  Mr. Shea responded that the Committee should still meet during the next thirty days.  Mr. Boos provided an analogy that the Committee has been in production of basically making a movie with the Architect as the producer and the end result is that the Committee is going to produce a movie.  Mr. Boos questioned if the Committee is telling the Architect and others to stop and go home and revisit in 45 days or does the Committee make the movie and not release it for everyone to look at; it’s a loss of momentum.  Mr. Shea responded that he doesn’t view it as a loss of momentum; the Council is committed to the project and the movie will be made.  Mr. Boos clarified the momentum being that of the Architect.  Mr. Shea questioned if this is only project that the Architect has had where he’s had a little pause.  The Architect responded no, but elaborated that there is a team which could change in thirty days if they could do something else in those thirty days.  Mr. Goldsholl, member of the Building Committee, reported that he doesn’t think we’re going to lose momentum and doesn’t think the team is going to break up in thirty days but also doesn’t see any gain except not paying the Architect for thirty days from which the Architect is out of pocket and Mr. Goldsholl doesn’t feel good about that.  He agreed that the State doesn’t want the Town to have the $1 million grant and waiting to see if the Town will pull the trigger that validates their general opinion of a wealthy community that doesn’t need the money and give it to someone else.  He added that the Architect has already identified $1 million in savings to the Committee out of the original numbers.  Mrs. Samul questioned if Mr. Goldsholl was proposing to proceed with an $8 million project tonight.  Mr. Goldsholl responded that he doesn’t understand why the Committee is stopping.  Chairman Zacchio responded that the State wanted the Town to move quickly and fast to save their $1 million so perhaps a short pause and communication from the Town Manager to the State.  Mrs. Samul reported that the thirty days will get the Town closer to the state budget of which they have to do a bond issue and when we can maybe piggyback in.  Mr. Goldsholl responded that he didn’t hear that.  The Town Manager reported that his last correspondence with the State was to stay in communication with them over the next thirty to forty-five days.  He reported that he would stay in touch with them throughout the month and see if any more is known by this time next month and gives us more time to work out the contract with Enterprise Builders.  Ms. Carney questioned if the Architect stops working and what does this mean.  The Town Manager responded that the project is on hold for the next month.  Mr. Shea added that the Committee can still meet to discuss the project and the specifications and the Architect can still work.  He added that he has been on many building committees and never had anybody not be able to wait thirty days for a decision unless it was a critical point in the project which we are not at right now.

                        b.  Construction Manager Recommendation

On a motion made by Mr. Shea, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council appoint Enterprise Builders as the Construction Manager for the Avon Free Public Library Renovations and Additions Project.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council table discussion of the Avon Free Public Library Renovations and Additions Project to the May 6, 2010 meeting.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

09/10-48        Appointments

  • Wild & Scenic River Study Committee (D – 12/31/11)
On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED:  That the Town Council appoint Lisa Levin Greenbaume to the Wild & Scenic River Study Committee.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

  • North Central Regional Mental Health Board
Chairman Zacchio reported that the Director of Social Services has sent out a recruitment letter regarding this opening.

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED:  That the Town Council table agenda item 09/10-48e Appointment: North Central Regional Mental Health Board to the May 6, 2010 meeting.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

VII.      NEW BUSINESS

09/10-66        Avon Clean Energy Commission: Update on Activities

Olivier Gressier, Chairman, Avon Clean Energy Commission, reported on activity in 2009.  A $75,000 grant was obtained and used for various projects.  He reported that the Commission also participated in an application to obtain a Regional Energy Manager to be shared with five other communities.  This is temporary and does not commit us to anything beyond the time of the grant if we do not feel that we can afford or need this person on board any longer.  Mr. Evans questioned who the other communities are that are represented as part of the region.  Mr. Gressier responded that they were West Hartford, Bloomfield, Farmington, and Simsbury.  Mrs. Samul questioned the timing on the grant.  Mr. Gressier responded that it is with the Office of Policy and Management.  Mr. Pena questioned the amount of the grant.  Bob Martin responded that there is almost $1 million in this grant program and pushing for two years to utilize the Regional Energy Manager.

Mr. Gressier reported that in 2010 the Commission has refocused its attention on some of the projects ongoing as a result of the grant received.  He reported that one project being focused on is with the schools as they represent a very large portion of our utility cost to the Town and trying to develop a close relationship with the schools and work together and save money.  He added that the schools have been very receptive to a contest currently running which for a period of two months the Commission has challenged every school to reduce their energy consumption.  He reported that the contest is based on a percentage of reduction versus prior year at the same time of year.  He reported that Thompson Brook is reporting a thirty percent savings with no investment.  He added that the Commission is hoping to change behavior and carry those things forward and reduce the utility cost by thirty percent from the school budget.  Mrs. Samul questioned when the contest will end.  Mr. Gressier responded that it ends on April 23rd and started right after winter break.  Mr. Shea questioned if the Town should recognize the winning school, perhaps with a plaque.  Mr. Gressier responded that someone has volunteered to donate a prize, to be determined, to the winning school.  Chairman Zacchio reported that a plaque from the Town Council with tags on it and in each winning year it is engraved and the winning school gets the plaque for the year.  Mr. Shea reported that the winning school could be recognized at the Budget Town Meeting at May 3, 2010.  Mrs. Samul added that it would be good to bring it to the community’s attention and also if the Avon Clean Energy Commission Chairman or Town Manager could go to the school for a presentation of the plaque so the entire school can participate.

Mr. Gressier reported that another area of focus this year is the Energy Plan which has been approved with the grant application.  It will require some involvement from all the departments in Town, including the Town Council, to ensure that lights and computers are being turned off, etc.  He reported that by getting everyone involved, including residents, with a buy in right from the start with this Energy Plan it is a lot easier to come back for more funding.  He added that bids will be coming in on April 14, 2010.  He reported that the Commission will be conducting some outreach in education regarding energy savings.  He reported that Martin Kaplan, Commission member, has been involved with the hydro project and attending their meetings as a non-voting member.  He reported that Bernie Zahren, Commission member, has been attending the Library Building Committee meetings and advising them with some opportunities to save on utility costs.  He added that the Commission should have been in on the conceptual side early on and should remember such practice in the future.  Mrs. Samul added that controls for the boiler at Roaring Brook might be something that the Commission looks at and advises David Paul with options.  Mr. Gressier reported that the Town has complied for “20% by 2010,” a program to have 20% of your power generated from clean renewable sources.  The Commission is now asking residents to sign up.  Chairman Zacchio questioned if the Commission has the ability to have a web page on the town’s web site and how do you draw residents into the energy efficiency best practices/campaigns.  Mr. Gressier responded that the Commission does have a page on the town web site and discussed putting on events to get representatives from CL&P and other organizations to talk about some programs/rebates available.  Mrs. Samul suggested submitting an article to be included in the quarterly town newsletter.  Mr. Gressier responded that the Commission has a few students who are non-voting members and asked them to look into Facebook and Twitter.  Virginia Vocelli, web master of the town web site, reported that items could be listed under “Community News” on the town’s home web page or a link under “Living in Avon.”  The Council commended the Commission on doing a great job.

09/10-67       Approve Resolution: Explanatory Text for Annual Town Meeting,
                May 3, 2010

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Clerk be, and she hereby is, authorized and directed to prepare and distribute an explanatory text with respect to the proposed budget for the Town for the fiscal year July 1, 2010 though June 30, 2011, as recommended to the Town by the Board of Finance, in accordance with the requirements of the Charter of the Town and Section 9-369b of the Connecticut General Statutes.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

09/10-68       Set Poll Hours:  6:00 a.m. to 8:00 p.m. Town Meeting Referenda
                May 12, 2010, June 2, 2010 (if necessary), June 23, 2010 (if necessary)

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the extension of the Polling Hours of the Town Referendum from 6:00 a.m. to 8:00 p.m. on May 12, 2010, June 2, 2010, if necessary, and June 23, 2010 if necessary.
Mrs. Samul, Messrs: Shea, Zacchio, Pena, and Evans voted in favor.

09/10-69        Review and Discussion, Set Public Hearing Date, May 6, 2010, 7:30 p.m.,
                        Transfer of Land from the Town of Avon to the Owners of Property at
                14 Tyler Court

Mr. Zacchio recues himself from the discussion as his cousin is the former owner of the property and turned the meeting over to Mr. Shea for this agenda item.  Mr. Shea reported that there is a citizen who has paid taxes on a piece of property they thought they owned, the town thought they owned it, but the documentation wasn’t there.  The Town Manager reported that this was originally approved as a permitted cul-de-sac and then changed to a temporary cul-de-sac and takes one of the wings of the cul-de-sac and transferring it from the Town of Avon to the property owner.  Mrs. Samul questioned if the other wing has been taken care of.  The Town Manager responded that he did not know.  Mr. Shea reported that from a visual perspective there is no value to the Town of Avon.  Mr. Evans commented that what is being proposed makes sense and since the property owner has been paying taxes for so many years we are not giving them something for nothing.  Mrs. Samul clarified that there is no other wing.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council schedule a Public Hearing for May 6, 2010 at 7:30 p.m. to consider the transfer of parcel of land from the Town of Avon to the Owners of Property at 14 Tyler Court.
Mrs. Samul, Messrs: Shea, Pena, and Evans voted in favor.
09/10-70        Authorization to apply for FY 2009/2010 LOCIP Grant

The Town Manager reported that this item runs in arrears.  The Town is applying for $105,218 through the State LoCIP program as reimbursement for FY 08/09 capital expenditures.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council authorize the Town Manager to apply for LoCIP grant in the amount of $105,218.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

09/10-71        Review, Discussion, and Possible Approval of a Supplemental Appropriation,
               Sewer Use Fund, $117,786.44

Chairman Zacchio reported that this appropriation is for a pump station on the Simsbury side of town for the sewer system upgrade that has already been done and using a million gallons per day that the Town used from a ratio of how much flows into that station to determine what our piece of the cost would be.  The Town Manager added that as Simsbury was going through this process, Avon was not notified early enough to include it in the sewer budget, Fund #5.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council favorably recommends to the Board of Finance an appropriation not to exceed $117,786.44 from Sewer Fund, Other Financing Sources, Undesignated Fund Balance Account #05-0390-43913 and transfer from Sewer Fund, Other Financing Uses, Interfund Transfers-Out Account #05-8700-58000 to Capital and Nonrecurring Expenditures Fund, CNREF: Town, South Road Pump (Avon 22.43%), Account #03-4930-53389 and Capital and Nonrecurring Expenditures Fund, Other Financing Sources, Interfund Operating Transfers-In Account #03-0390-43918 in the amount of $117,786.44 for the purpose of reimbursing the Town of Simsbury Water Pollution Control Authority for rehabilitation of the South Road Pump Station per the inter-town agreement.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

09/10-72        Transfer of Appropriation to State and Federal Education Grants Fund

The Town Manager reported that last fiscal year the Town received funding through the American Reinvestment and Recovery Act.  He added that the ARRA money displaced a portion of the state ECS money in the amount of $175,861.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council favorably recommends to the Board of Finance a transfer of appropriation from General Fund, Intergovernmental, Equalized Cost Sharing (ECS), Account #01-0330-43341, and General Fund, Board of Education, General Service, Account #01-9401-52185, and General Fund, Board of Education, Interfund Transfer-Out, Account #01-9401-58000 in the amount of $175,861 to State and Federal Education Grants, Intergovernmental, Equalized Cost Sharing (ECS), Account #13-0330-43341, and State and Federal Education Grants, Board of Education, ARRA Stabilization Gov. Serv. State, Account #13-9401-59202, and State and Federal Education Grants, Other Financing Sources, Interfund Operating Transfers In, Account #13-0390-43918 in the amount of $175,861 for the purpose of accounting for the Federal SFSF funds under ARRA through the ECS entitlement per the recommendation of the auditors.
Mrs. Samul, Messrs: Shea, Zacchio, Evans, and Pena voted in favor.
09/10-73        Waiver of Conflict of Interest

Chairman Zacchio reported that he received notes from the Board of Education Chairwoman explaining the reasons why the Board of Education made the determination to appoint Jody Goeler as Interim Superintendent of Schools in light of David Erwin’s departure and from a continuity standpoint at this time of the year and in considering how they might conduct a search for the Superintendent of Schools.  He reported that Mr. Goeler has a conflict as his wife works for the school district as an art teacher in the Middle School and this will have an impact on their decision to perhaps offer him a position long term.  He reported that this would only be a waiver of the Council’s interest policy through June 30, 2010.  Mr. Shea reported that the wording of this temporary waiver is critical to ensure a clear understanding as to what the motion is.

On a motion made by Mr. Zacchio, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council temporarily waive its Standards of Conduct for Public Officials (Policy No. 19) concerning Mr. Jody Goeler, interim appointment, and his wife’s employment with the Board of Education through June 30, 2010 in order to continue the continuity of duties of the Superintendent of Schools as he has been appointed to do so.
Mrs. Samul, Messrs: Zacchio, Shea, Evans, and Pena voted in favor.

Mrs. Samul reported that in her mind this is a modification of necessity and should not in any way be interpreted as an agreement to automatically extend should somebody want it extended or to modify the conflict of interest at some future date for some other reason, not to project any further meaning or intent of this Council other than for this because the conflict of interest was established for a reason or it has no meaning.  Mr. Evans and Mr. Pena concurred.

She questioned if the search firm had in their contract that they will continue the search for a replacement for David Erwin at no additional expense to the Board of Education and therefore the Town.  Chairman Zacchio responded that the contract stated that if David Erwin left within one year a search would be completed at cost with no profit, but had reached out immediately and said they would waive it and complete a no cost search.

09/10-74        Approval: Refund of Real Estate Taxes, $5,085.35

The Town Manager reported there is one real estate tax refund to be approved because the taxes were paid by the homeowner and the bank.

On a motion made by Mr. Pena, seconded by Mr. Zacchio, it was voted:
RESOLVED: That the Town Council approve a real estate tax refund to Karl D. & Diane J. Ravech in the amount of $5,085.35.
Mrs. Samul, Messrs: Zacchio, Shea, and Pena voted in favor. Mr. Evans abstained.

09/10-75        Approve Resolution:  Accept a gift from the estate of Patricia Waltock to
                bequeath $4,141.20 for the St. Ann Church, Town of Avon Food Pantry

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That in accordance with Town Charter, Section 4.3.2(1), the Town Council hereby accepts a second gift of $4,141.20 from the estate of Patricia Waltock for the purpose of operating the Avon Food Bank that is housed at St. Ann’s Church.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and Pena voted in favor.
VIII.    TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A                 Purchasing Update – The Town Manager reported there are ongoing purchasing activities.  The Library Building Committee has opted not to go with temporary quarters, remain in-house while the project is underway and the property owner at Security Drive has been notified with such decision.  Mr. Shea added that the safety aspect is going to be critical.  Mr. Evans questioned if there is a corresponding increase to the cost, with the dollar savings of not going offsite, for having to work around the books onsite.  The Town Manager responded that he did not know the offset, however the dollar of cost for staying onsite in terms of not being to get the work done quickly is less than moving offsite.  Mrs. Samul questioned if there would be any merit to changing the hours of the library whereas now we are frequently closed on Sunday to be open on Sunday and closed on Monday.  The Library Director responded that a different staff works on Sunday and would be a big change to the weekday staff, however she will check to see what other libraries have done.  She added that it is better for the whole community to stay onsite.  Under future activities, the Town Manager reported on street sweeping and talking to Simsbury who owns their own sweepers to see if Avon could contract out to another town at a lower cost.

Misc. B                 Avon Old Farms Road Project – The Town Manager reported that a letter was recently sent out to the regulatory agencies asking for their environmental review comments and comments on the realignment on Avon Old Farms Road by April 14th.  Mrs. Samul questioned if we were able to coordinate the people at the state level to get a couple pieces under the same person.  The Town Manager responded yes.  Mr. Shea added that he attended the meeting with the DOT Commissioner, Town Manager, Special Projects Engineer, and Special Projects Manager is doing a great job keeping the state on their toes; the state has funding issues with many projects in the queue and it would be great to get something done by 2012.  The Town Manager reported that the state did encourage the Town to move along as far as it could and an important part of that process is the further development of a memorandum of understanding with Avon Old Farms School.  He added that correspondence was sent to Ken LaRocque for their Board of Directors meeting mid-April.  Mr. Shea added that the Town’s focus is that no matter when it happens it needs to be done right.

Misc. C Paramedic Services Update – The Town Manager reported that the agreement for AMR service with Farmington expires June 30, 2010.  He and the Farmington Town Manager have a meeting with AMR on April 13, 2010 to discuss the renewal of the agreement.  Regarding UConn, he reported that a meeting was held a few weeks ago, including the head of their public safety department, to discuss their thinking long-term about their paramedic service.  They are in the process of re-evaluating their paramedic service and their ambulance service.  They have committed to continuing the same level of service for FY 2010/2011 in a draft contract.  He reported that the approach for the next year is to get AMR to swing another ambulance into Avon, increasing to three, and cut down response times.  He added that the issue is AMR is looking to charge the town for it.  He and the Farmington Town Manager have spoken and if worse comes to worse Avon is not averse to contributing some money on an interim basis to improve response times.  He added that Farmington is willing to offset some of the cost even though the primary benefit runs to the Town of Avon and try to get AMR to do it for free.  He reported that hopefully at the next meeting he can present to the Council the UConn Health Center contract and the extension of the AMR contract at no cost with the understanding that it might not be the permanent solution but will improve the response time in the interim and buy some time to study other solutions.  Mr. Evans questioned if there has been an increase in ambulance calls in the last few years.  The Town Manager responded that he did not know the statistics on that, but one of the things being brought up to AMR is when Peachtree Village comes online.

Mr. Colman questioned the legal rights of the private property owners with regards to developing on the land designated as Wild & Scenic.  Chairman Zacchio responded that those were some of the questions that the Council had and not quite sure they had the correct answers to.  He added that the Wild & Scenic designation as a federal regulation extends a quarter-mile inland of each bank and that is the jurisdictional area.  He added that private owners might not be part of it, but public owners would be and some of those questions would be answered in the future.  The Town Manager reported that he and the Town Planner had a meeting with the Farmington River Watershed Association two weeks ago and outlined a dozen questions with them.  Mr. Shea reported that the Council will revisit this item.

Mrs. Samul questioned the status of sewers on Deepwood Drive.  Adam Lazinsk, resident at 88 Deepwood Drive, responded that a letter was received today from the Engineering stating that starting on Monday, April 12th the contractor would be back to finish phase one which was supposed to be completed by calendar year 2009.  He added that it was his understanding that phase two would not begin until sometime after the beginning of FY 2010/2011.

IX.       EXECUTIVE SESSION: Litigation/Negotiation

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 9:45 p.m. to discuss land negotiations.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

The Town Manager and 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 10:00 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, and Evans voted in favor.

XI.         ADJOURN

The meeting was adjourned at 10:00 p.m.

Attest:  


Caroline B. LaMonica
Clerk