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Town Council Minutes 08/04/2011
AVON TOWN COUNCIL
MEETING MINUTES
August 4, 2011


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 by Chairman Zacchio.  Members present: Mrs. Samul, Messrs. Shea, Pena, and Evans.

II.        PUBLIC HEARING

11/12-04        Acceptance: Sewer Easement

The Town Council held the following Public Hearing:
“TOWN OF AVON
LEGAL NOTICE
Notice is hereby given that the Town of Avon, Connecticut will hold a Public Hearing on Thursday, August 4, 2011 at 7:30 p.m. at the Avon Town Hall, Selectmen’s Chamber, 60 West Main Street, Avon, Connecticut to consider the acceptance of the following:
        That certain piece or parcel of land described as “PERMANENT 20’ WIDE SANITARY SEWER EASEMENT AREA=13,327 SQ. FT.” on a map or survey entitled “PERMANENT 20’ WIDE SANITARY SEWER EASEMENT ACROSS PROPERTY OWNED BY 64 AVONWOOD ROAD ASSOCIATES, LLC TO BE CONVEYED TO “THE TOWN OF AVON” AVONWOOD ROAD AVON – CONNECTICUT, Henry C. Cotton & Associates Land Surveyors & Consultants since 1957 140 North Granby Road, Granby, Connecticut 06035
Dated at Avon, Connecticut this 8th day of July, 2011.
                        Brandon L. Robertson, Town Manager”

Chairman Zacchio closed the Public Hearing.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept that certain piece or parcel of land described as “PERMANENT 20’ WIDE SANITARY SEWER EASEMENT AREA=13,327 SQ. FT.” on a map or survey entitled “PERMANENT 20’ WIDE SANITARY SEWER EASEMENT ACROSS PROPERTY OWNED BY 64 AVONWOOD ROAD ASSOCIATES, LLC TO BE CONVEYED TO “THE TOWN OF AVON” AVONWOOD ROAD AVON – CONNECTICUT, Henry C. Cotton & Associates Land Surveyors & Consultants since 1957 140 North Granby Road, Granby, Connecticut 06035.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

III.       MINUTES OF PRECEDING MEETING:  July 7, 2011

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council accept the July 7, 2011 minutes as submitted.
Mrs. Samul, Messrs: Zacchio and Evans voted in favor.  Messrs. Shea and Pena abstained were absent from meeting.

IV.       COMMUNICATION FROM AUDIENCE

Chairman Zacchio reported that we have an item on the agenda tonight for a property transfer and easement and last month Council held a public hearing on that matter but were not able to act as there were only three Council members present and one recued herself and by Charter we  need to have a quorum to take action.

Mrs. Samul recued herself as she previously represented the Ceceres on a personal business matter.  Mrs. Samul left the meeting table.

Attorney Glenn Terk reported that he represents Nick Cecere in connection with this item.  He reported that they were not at the public hearing because he did not receive notice; he had spoken to Attorney Kari Olson back on July 1st and at that time had indicated to him that she would let him know when this came up for a public hearing and he did not receive any notice from her otherwise they would have been here to address it at the public hearing.  He reported that in this situation there was a deed that was signed by Mr. Cecere and his wife in connection with the area that is in dispute.  Attorney Terk reported that he firmly believes that Mr. Cecere did not understand that he was conveying the widening of the road around his house.  He reported that when the people came out to show where the road was going to be, it is ten feet two inches from his foundation and is not a poured foundation but a rubble foundation; the lot is non-conforming and making it even more non-conforming and that being ten feet from his foundation where they are going to cut for this road is a danger to undermining his foundation.  Attorney Terk reported that Mr. Cecere did not understand that he was conveying this.  He reported that he has been trying to get the file from Mr. Cecere’s attorney that represented him at this closing who is no longer practicing and has taken another position; he had not had any response in connection with this; Mr. Cecere gave Attorney Terk what he received from the closing; the warranty deed conveying the interest to the Town was not even in the documents that he received from the closing so he was shocked when he found out that this was the situation and he never would have done this if he had been aware.  Attorney Terk reported that he understands the Town’s position and has a deed but it is clear to him that somehow that deed was not explained to Mr. Cecere for he never would have done this situation.  Attorney Terk reported that he would hope that something could be done in connection with this because he does not know why the opening for the road has to be so wide at the street line; he knows there is a problem with a narrow portion of that road but it does not seem that we have to take as much land as is being taken.  He reported that Mr. Cecere was not at any of the public hearings and told by the developer that the developer would take care of it and he did not have to worry about it.

Mr. Shea reported that Mr. Cecere has been at a few Town Council public hearings and perhaps Attorney Terk is referring to the Planning and Zoning Commission.  Attorney Terk responded that is correct.  Attorney Terk reported that Mr. Cecere has a letter in which he would like to present.  Mr. Cecere reported that the letter is from a neighbor who was unable to attend this meeting (and is attached and made part of these minutes).

Chairman Zacchio reported several Council members visited the property approximately ninety days ago when this item first came up just to take a look at it.  He reported that they are not on the Planning and Zoning Commission who went through a process in connection with Mr. Cecere selling property to a developer and contingent upon that development being approved was the widening of the road for safety reasons.  He reported that Council gave Mr. Cecere an approximate ninety days to try to work with the Planning and Zoning Commission or the developer to try and clear something up.  He reported that he understands that Attorney Terk was not able to make the public hearing and that is why Council gave him some latitude here to plead his case but from a Council position they have an approved subdivision by the Planning and Zoning Commission where Mr. Cecere was represented by a lawyer and went through the process.  Chairman Zacchio reported that he is empathic because it does not make sense to him why it has to be that close to Mr. Cecere’s house as well but again Council is not the Planning and Zoning Commission and Council has an executed agreement from the Planning and Zoning Commission in front of them and have had a public hearing that they need to act on.

Mr. Evans questioned if Attorney Terk has gone back to the Planning and Zoning Commission and asked for relief.  Attorney Terk responded no, that he has been trying to get the file to find out what actually happened in connection with this and he does not know what it is going to take.  Chairman Zacchio reported that as empathic as Council can be there is another party that has interest in this as well from the development stand point that purchased the property and has put some homes up there so we are really in a position of having to follow the executed order from the Planning and Zoning Commission.

Mr. Shea reported that he visited the property and has had discussions with Mr. Cecere many times, there has been ninety days, he can appreciate all that has gone on, as you look at that road he has a lot of questions but he stated that Mr. Cecere has not asked Council to do anything but he is guessing that Mr. Cecere wants Council to do something and as a Councilman he shared that there is really not much more we can do, our role is not one where we were party to that agreement or party to who the lawyers were, they were not at the Planning and Zoning Commission public hearings, and Mr. Cecere has not asked Council to do anything so he thinks the action that Council is going to take next is an appropriate one and says that with all due respect to Mr. Cecere and his lawyer.  He reported that Council has been very supportive and compassionate of trying to give you as much time as possible; we have the business of the Town of Avon to do and he will be in favor of moving forward and Attorney Terk can take whatever course of action he needs to take to do what is in the best interest of your client.

Mark Wilcox, 127 New Road, questioned if this item could be revised in anyway through the Planning and Zoning Commission as a possible way to change things a little bit by the road being tweaked one way or the other.  The Town Manager responded by suggesting as he knows that Mr. Cecere has had several discussions with Planning and Zoning staff as well as Town Engineering staff is that he has another discussion and determine whether or not there is any way to get back on a Planning and Zoning Commission agenda.  Mr. Pena reported that he is familiar with that area too and maybe something else could have been designed but at this point we need to move on and Mr. Cecere has had ample opportunity within ninety days to approach the Planning and Zoning Commission and going from there.  Mr. Pena questioned Attorney Terk and his attempt to get a file and if that file was from an Attorney or the Town.  Attorney Terk responded that the file requested was with Mr. Cecere’s Attorney.  Mr. Shea stated to Attorney Terk that he has access to all of the public information that the Town has so he can get it tomorrow.  Attorney Terk responded that the issue in connection with Mr. Cecere’s explanation; he was represented by an Attorney and his Attorney knows what he explained to Mr. Cecere and what he didn’t explain to him.  Mr. Shea responded that is not the issue for this Council.  Attorney Terk reported that he understands that completely and was not implying that he could not get information out of  the Town.  Mr. Shea responded that he wants to be crystal clear as to what Council can do and what we cannot do and to what we should do right now.  Attorney Terk understood.

Mr. Evans questioned Attorney Terk what he is asking Council to do tonight.  Attorney Terk responded that perhaps if we could defer this to allow us to have one more chance to see if there is anything that the Town and Planning and Zoning Commission can do in connection with revising this.  Mr. Shea responded that Council’s job is to act in the best interest of the Town.  He reported that everyone here has been very understanding and has questions; he thinks he understands Mr. Cecere’s position but he thinks we have to do what is in the best interest of the Town of Avon with respect to public hearings and with respect to what you are asking.  This is ninety days old and has been delayed a couple of times in an effort to try to give you and your client or someone a chance to do what is in the best interest of your client.  He reported that it is not fair with respect to the public hearing process for Council to continue on much further and says that with a heavy heart but he told Mr. Cecere that yesterday and he is glad that he came tonight and is speaking up but he told Mr. Cecere where he thought Council should be headed and that is his opinion.

Mrs. Samul resumed her seat at the meeting table.

V.        COMMUNICATION FROM COUNCIL

Mrs. Samul commended whoever’s decision it was to request the use of the traffic division of our Fire Department for the two days that the paving was going on at the Avon Free Public Library.  There were two people out there this past Saturday from 10:00 a.m. to 2:00 p.m. and then again on Monday helping people safely cross Country Club Road from the Church; they did a wonderful job and would like to recognize the Fire Department for the work they did.

VI.      OLD BUSINESS

10/11-43        Acceptances: Transfers of Property and Easement to Town of Avon

Mrs. Samul recues herself as she previously represented the Ceceres on a personal business matter.  Mrs. Samul left the meeting table.

Chairman Zacchio reported that this item is pursuant to a public hearing of last month; Mr. Pena and Mr. Shea were not in attendance at last month’s meeting and as long as they have read through the minutes and understand what took place at that hearing they are able to act.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council accept certain property and easements as defined and shown as:
  • Proposed 20’ Drainage Easement in favor of the Town of Avon.
  • Property to be conveyed to the Town of Avon by Nicholas & Barbara Cecere area = 1,974 +/- sq. ft., any interest property owner has or may between the proposed street line and School Street is conveyed to the Town of Avon.
  • Property to be conveyed to the Town of Avon by Cizek Incorporated area = 5,209 +/- sq. ft. any interest property owner has or may have between the proposed street line and School Street is conveyed to the Town of Avon.  Street line is 50 feet from and parallel to the established southerly street line of School Street as required by the Avon Subdivision Regulations.
All as shown on a map entitled: “SUBDIVISION PLAN SCHOOL STREET PREPARED FOR CIZEK INCORPORATED 107 HUCKLEBERRY HILL ROAD, AVON, CONNECTICUT SCALE 1”=40’ DATE 6/18/09 SHEET NO. 1 OF 3 AS REVISED 6/29/08, 7/15/09, 8/11/09, 8/20/09, 9/15/09, 10/08/09 AND 11/13/09”, Denno Land Surveying & Consulting, LLC dba Nascimbeni & Jahne Surveyors, 2 Tunxis Rd., Ste 210, Tariffville, CT 06081, and a copy of which map is on file in the Town Clerk’s Office.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

Mrs. Samul resumed her seat at the meeting table.

10/11-58        Appointment: Wild & Scenic River Study Committee (D – 12/31/2011)

On a motion made by Mr. Pena, seconded by Mr. Shea, it was voted:
RESOLVED:  That the Town Council table the appointment to the Wild & Scenic River Study Committee to the September 1, 2011 meeting.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

10/11-59        Appointment: Youth Services Bureau Advisory Board

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council table the appointment to the Youth Services Bureau Advisory Board to the September 1, 2011 meeting.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

VII.     NEW BUSINESS

11/12-06        Approve Fiscal Year 2012/2013 Budget Calendar

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council adopt the Fiscal Year 2012/2013 Budget Calendar as follows:

ACTIVITY
LATEST DATE
PER TOWN CHARTER
RECOMMENDED
DATE

Capital Budget Forms Prepared
and sent to Departments
August 08, 2011
Operating Budget Forms Prepared
and sent to Departments
September 09, 2011
Completed Capital Budget Forms          
returned to Town Manager

October 07, 2011
Completed Operating Budget Forms returned to Town Manager
February 15, 2012
November 04, 2011
Town Manager’s Proposed Operating and Capital Budget submitted to Town Council
March 01, 2012
January 20, 2012

Board of Education  Budget to Town Council
February 15, 2012
February 10, 2012
Capital Improvement Program Submitted to Planning & Zoning Commission for Sec. 8-24 Review


March 06, 2012
Budget Work by Town Council completed and Budget Submitted to Board of Finance
April 01, 2012
March 26, 2012
Public Hearing on Budget held by Board of Finance not later than three (3) weeks before  May 07, 2012 Town Meeting

April 16, 2012

April 09, 2012

Board of Finance Completes Work on Budget

April 11, 2012
Copy of Budget approved by the Board of Finance printed in Newspaper at least five (5) days before the Annual Town Meeting

April 30, 2012

April 27, 2012
Annual Town and Budget Meeting First Monday in May
May 07, 2012
May 07, 2012
First Referendum
May 18, 2012
May 16, 2012
Second Referendum
June 08, 2012
June 06, 2012
Third Referendum
June 29, 2012
June 27, 2012
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

11/12-07        Review, Discussion, Set Public Hearing: Accept Property from Susan M.
                Maskel, Sandra T. Schwartz and Marjorie Swank to the Town of Avon

The Town Manager reported that in 2005 Town Council held a public hearing to accept an approximate one and one-third acre of property from the Maskels as there was an outstanding lien against the property at the time of Mr. Maskel’s death and since then because of title transfer issues that had never been executed.  It has been recommended that we set a new public hearing because of the time that has gone by; the dollars have changed a little bit from approximately $1,750 then to approximately $3,700 now.

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council schedule a public hearing to accept a parcel of land from Susan M. Maskel, Sandra T. Schwartz and Marjorie Swank to the Town of Avon to be held at the September 1, 2011 meeting.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

11/12-08        Supplemental Appropriation: Board of Education - Food Steamer $18,259.38

Chairman Zacchio reported that the Board of Education has used the Undesignated Fund Balance in the past to be able to purchase items that would otherwise have ended up on the capital budget or the Cafeteria Fund and he understands that there is a significant balance in that account to cover this item.  Mr. Franzi, Board of Education Finance Director confirmed that there are enough funds to cover this purchase.  Chairman Zacchio reported that the steamer is the original when the Middle School was built in 1971.

Mr. Shea reported that there were four bids received and asked Mr. Franzi if next time he could include a copy of the bid results; not to verify the quantity of bids but he is interested in the disparity between the second and third bidder.  Mr. Franzi agreed.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council hereby recommends to the Board of Finance an appropriation not to exceed $18,259.38 from the School Cafeteria, Other Financing Sources, Undesignated Fund Balance, Account #14-0390-43913 and to the School Cafeteria, Board of Education, Cafeteria, Account #14-9401-59600, for the purpose of purchasing a steamer.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

11/12-09        Supplemental Appropriation:  Board of Education: Purchase of new Financial
                System, $224,475

Chairman Zacchio reported that there is a history around the sourcing of the funds and the accounting transactions within the budget of the Board of Education and there is a history around why some new financial software needs to be obtained and some timing around which is important and before us tonight.

The Town Manager reported that every year we go through an auditing process as part of the fiscal year (FY) closeout and as part of the FY 10 auditing process one of the issues that our auditors (BlumShapiro) raised with the Town and Board of Education is the existence of a revolving fund that the Board of Education maintains.  He reported that there are a number of different revenue sources in the revolving fund and currently there is a balance in the revolving fund of approximately $920,000.  He reported that on the spreadsheet distributed to Council are the sources of the revenues in those funds and the recommended disposition of those funds.  He reported that the auditors’ recommendation regarding the revolving fund was that the Town and the Board of Education meet to discuss what is in the fund and what the appropriate disposition is.  He reported that those meetings have been occurring since January and the result of those meetings is the spreadsheet.  He reported that before Council is a request for a supplemental appropriation in the amount of $224,475 for computer finance software for the Board of Education.  He reported the source of that funding which is not in the operating budget and is included in the resolution prepared by Peg Colligan.  He reported that one of the line items in the revolving fund is a revenue line item called “Tuition Special Ed Reimbursement for Special Ed Services” and the balance in that line item is approximately $551,000, Account #14130 General Fund.  He reported that what the resolution contemplates is reclassifying that revenue to the Board of Education General Fund operating budget, applying it to a like-expenditure source in the Board of Education General Fund operating budget thereby creating capacity to achieve this acquisition.  He reported that reclassifications of funds are not required to come before the Town Council and Board of Finance; the issue here is that we are reclassifying funds but it is resulting in a supplemental appropriation, in other words the total amount of the Board of Education operating budget is increasing by completing this reclassification so that is why the action before Council tonight is a supplemental appropriation.

Chairman Zacchio questioned that the term reclassification is when items are moved within the budget which do not affect the total amount of the budget but because this affects the total budget for the year because it is a change in the number that was voted on that is why it requires a supplemental appropriation as it would if the Council was doing something similar.  The Town Manager responded yes and this is not an appropriation from Undesignated General Fund, there is a revenue source that has been identified and that is where the funds would be coming from.  Mr. Evans asked the Town Manager if he is talking about the $224,475 or the entire $551,000.  The Town Manager responded that it is only $224,475 that would be reclassified to the General Fund operating budget.  Mr. Evans questioned where the rest of it goes; stays in that account?  The Town Manager responded that the rest of it will go to General Fund.  The Town Manager reported that the Superintendent of Schools is going to talk about the management need for the software from his perspective.  He reported that this is something that we are going to be talking more about; we have a working group including Gary Franzi, Board of Education Finance Director, Gary Mala, Superintendent of Schools, Peggy Colligan, Finance Director, and the Town Manager that meets every two weeks to talk about this and make sure it is on the right track.  He reported that Council will see more of this as we get towards the fiscal year end closing process which typically takes place in October/November.  Mr. Shea questioned if notes are being taken at the working group.  The Town Manager responded yes.  Mr. Shea questioned if there will be a document on record of those notes.  The Town Manager responded yes.  Mr. Shea questioned if Council will be getting reports on those staff meetings.  The Town Manager responded yes and he can include that as part of the reports under Town Manager’s Report.  Chairman Zacchio questioned if it would also include the final disposition.  The Town Manager responded yes.

Gary Mala, Superintendent of Schools, noted appreciation of having the opportunity to talk to Council and for your consideration of this significant request.  He reported that he provided to Council an additional handout this evening and will provide the context of which he made a recommendation to the Board of Education that now has led to this request for a supplemental appropriation.  Mr. Mala reported that the current software system is titled Great Plains.  He reported that when he began his tenure as your Superintendent in the spring a decision had been deferred about what to do about this software so it was clear upon arrival that there were concerns prior to that time about the functionality of this system, was it meeting the needs of the school district?  He reported that after much discussion and review with the staff and himself he concluded that the current system is not only labor intensive but inefficient to meet the needs of the district.

He reported that it is being used to process payroll, purchasing, and accounts payable at the present time, on a limited basis but the actual execution of those functions are significantly manually intensive and it requires a manipulation of data outside the software itself.  He reported that since FY 07/08 there has been a significant investment in trying to make the software operable, starting with the payroll module and there were tremendous difficulties experienced so the rest of the modules were never pursued.  He reported that there are approximately 523 employees and that is a significant workforce to try to prepare a payroll manually every two weeks.  He reported that very simply the current system does not generate reports showing detail of what is budgeted in each line item so there is no detail and only has summaries; the budgets that are submitted to Town Council and the public to consider for the school district are done in excel and has to be manually entered into the Great Plains software; the software does not encumber salary amounts on an annual basis, it only incurs those expenses as they are paid and that is the same way that each line item works so from his vantage point to attempt to manage that he cannot see in real time how much is really there until it is expended.  He reported that budget forecasting is not possible given the way it records only expenses so they cannot forecast out the salary line for the whole year unless it is done manually and that is how it is being done at the present time.  He reported that the system does not allow reviewing line item totals when entering purchase requisitions and it also does not have a circuit breaker mechanism to stop a purchasing transaction that will over expend a line, given the fact that you cannot see the total it does not control any over expenditure unless it is done manually.  He reported that it does allow for the inputting of multiple line items on one purchase requisition to a singular vendor; you enter one line item, you have to exit the software, enter it again, and then add the next item on the same purchase requisition and continue to follow that process for however many items you wish to enter.  He reported that it is not configured to allow inputting of purchase requisitions at a building or department level and are being done manually; we process approximately five thousand purchase requisitions on an annual basis, those are completed on paper by school and department staff, delivered to the central office of the school district to one person who then has to enter all of these into one system one item at a time.  He reported that the system does not allow transfers between line items so that has to be done outside the software manually and then a manual re-entry by line item.  He reported that the software does not interface with State reporting requirements, the staff writer component, the report generator is overly complex for the level of user; all reporting has to be done outside the system manually and does not have a human resources module that interfaces with payroll so we currently operate the human resources operation by using approximately fifteen different spreadsheets to account for staff positions and monitor pays and such.

Mr. Mala reported that even as customized as the software is through reinvestment since the acquisition of this product, the payroll module does not easily account for the differences that you would note in a school district’s payroll classifications; it is not designed to manage multiple rates of pay in different time periods.  He reported that the changes in employee benefit deductions and annuities and such all have to be done manually and cannot simply roll forward to another fiscal year.  He reported that the support for the software is limited and is fee-based which requires interface with two different companies (Microsoft and one that supports the product itself).  He reported that all of this begs the question of why the request is urgent.  He reported that a lot of the things that he just said you can relate to, he is trying to manage a $48+ million budget using a manually intensive system, the conditions as he has just described continue to exist now and have continued into this new fiscal year, most of the work being completed is done so manually and not using the software itself.  He reported that the business office staff is working a disproportionate number of hours outside the normal work day and there is a need to have an integrated software so all modules interact together, human resources is connected to the payroll module, accounts payable is connected to the general ledger module.  He reported that the continued use of the current software is both labor intensive and inefficient.  Mr. Mala referred to a question that Mr. Evans posed at the Administrative Services Study Committee meeting and has distributed to Council a business report generated by the vendor Unifund that we are seeking to engage with for the new software.

Mr. Shea questioned if the cost benefit is two years.  Mr. Mala responded that based on a study done by Unifund they concluded that the anticipated return on the proposed investment including all the hard cost and the labor cost is expected to realize a payback period of less than two years for an approximate $114,000 per year.  Chairman Zacchio responded that it is a labor issue and you will be able to get month-end balances, forecasts, roll-forwards, and budget preparation for the future.  Mr. Mala reported that also principals and department heads could be held accountable to manage their budgets because they will be able to see electronically each line item and understand the effect of every purchase requisition that they cannot see right now.  Chairman Zacchio responded that this gives you the ability to manage right down to each department and each segment.  Mr. Evans questioned the cost of approximately $183,000 and some portion of the appropriation is future years’ support and maintenance.  Mr. Mala responded no, that the other part of the total is consulting from BlumShapiro, the system implementation, and actual servers that are required to load the software.  Mr. Pena commented on the manual input which could result in more mistakes.  Mr. Mala responded that there is a higher possibility of human error.  Mr. Pena questioned if the data bridge is part of the total cost.  Mr. Mala responded yes and he wanted to credit Mr. Franzi for talking to the vendor to absorb the cost of the data bridge; the bridge that is being described is to allow direct communication with the existing software in the Town Hall, which we also looked at, so the necessary reporting requirements can be made to Town staff.

Mr. Shea questioned the system and the warranties on the new software and “within a reasonable period of time from such notice as provided above (which discusses the limited software warranty) seller is unable to correct or provide work around for such error or defect in the software……within three months of the purchaser’s original written warranty.”  Mr. Shea recognized the Board of Education’s need for the new software and questioned if we received a legal opinion on any warranties with this program.  Mr. Franzi responded that the attorney is reviewing such now.  Mr. Shea requested a note to Council once the review is complete.

Mr. Shea questioned the “BlumShapiro consultant providing management services through April 30, 2012 in order to ensure that critical tasks are identified, initiated, and completed during this time period.”  He questioned why BlumShapiro would not give us the additional sixty days to get to our fiscal year end.  Mr. Franzi responded that this is a tentative date right now for the proposal that was submitted and the latest conversations with them if the project was to be kicked off this fall (September 2011) it would first be looking at the general chart of accounts for data integrity and setting that up into the system, then they would look right after the first of the year for payroll conversion and then it would follow accounts payable right down to year-end processing right up through June 2012.  Mr. Franzi added that the BlumShapiro contract is currently being reviewed by the Town Attorney.  Attorney Johnson reported that Attorney Ken Huddleton is reviewing the documents as he has more knowledge in this area.  Mr. Shea questioned the timeframe for the Town Attorney to review the material.  Attorney Johnson responded that their office just received the documents in the last couple of days and does not know but they understand that it is a priority.

Mrs. Samul reported that we have a budget on a fiscal year and if we want to buy more pens they have to be ordered, maybe not paid for, by the end of the fiscal year.  Between then and the time the auditors finish up our year end reconciliation those invoices come in and everything gets paid for but after June 30, 2011 we cannot spend any more money out of our FY 2010/2011 budget and then into our FY 2011/2012 budget.  She questioned how the Board of Education can use their FY 2010/2011 budget if that is the correct scenario.  Mr. Franzi responded that the process that we are going through this evening is to request a supplemental appropriation to the Town out of the Board of Education’s operating budget and it would be the Special Education reimbursement revenues received from Hartford that would be used for the supplemental appropriation to create the capacity in the FY 2010/2011 budget as a positive fund balance to do this purchase.  Mrs. Samul reported that she understands a supplemental appropriation because the purchase of the software was not part of your FY 2010/2011 budget, but what she does not understand is spending any FY 2010/2011 budget money now because June 30, 2011 has come and gone.  Mr. Franzi responded that at the Board of Education meeting in June they had gone through an approval process based on available funding at the close of that fiscal year that we would be able to make these purchases so now in the year-end process that we are closing out and when we get involved with transfers and reclassification expenditures we have the availability with these revenues that were collected during FY 2010/2011 through the supplemental appropriation process to increase our budget for last year to do this particular purchase.  Mrs. Samul commented that what Mr. Franzi is saying is that because the Board of Education discussed spending the money prior to the expiration of the fiscal year you have the right to spend the money after the fiscal year is over.  Mr. Franzi responded that the Board took action on that prior to June 30, 2011 which would be the cut off for those funds so there were motions in the approval process that were put in place for these particular place all contingent upon available funding.  The Town Manager reported that the term what Mrs. Samul is looking for is Reserve for Encumbrances and that was the action that was taken by the Board of Education on June 28, 2011.  Chairman Zacchio questioned that during the normal course of business and if this was in a natural state we would deal with this through the year-end transfers in October/November when we close out the fiscal year; is this just an early adoption of that process because of the timing issues that Mr. Mala outlined.  Mr. Franzi responded yes.

Mrs. Samul reiterated the same objections that she has with taking money that was designated for Special Education and spending it on software that she had with spending the Public Safety money on Recreation and Parks.  She finds that objectionable because the public had a budget presented to them and they were told that they would need x number of dollars, in this case for Special Education, and that was what they approved; the public did not approve spending $200,000+ on software.  She did not doubt that the Board of Education needs it or that it is a good move but it is the philosophy behind it that she strongly objects to, not only when the Board of Education does it but when the Town Council does it also.  Mr. Franzi responded that with the Special Education revenues that are available those funds that we are talking about this evening would be classed against those expenditures in the operating budget that are defined as Special Education and from that we create capacity from the bottom line of the budget to purchase the software; it is not using Special Education money to purchase financial software.  Mrs. Samul questioned that money is in a bucket for Special Education use.  Mr. Franzi responded yes.  Mrs. Samul questioned what the Board of Education is using it for, Special Education?  Mr. Franzi responded yes, it would be applied against the general operating budget for Special Education expenditures.  Mrs. Samul questioned how can you use it, apply it against the expenditure for software; how can you apply it against two things at the same time?  Mr. Franzi responded that it would be applied to Special Education expenditures in the current operating budget thereby reducing those expenditures that are currently in the operating budget at those levels and the result of that by reducing that would add a capacity to our bottom line.  He reported that if they are going to bring over $224,475 of expenditures through a supplemental appropriation that are going to be classed against Special Education expenditures in the operating budget, what that does is reducing pressure on those expenditures in the operating budget thereby providing a favorable variance bottom line to purchase the software; those were the funds that were applied to the motion on June 28, 2011.  Mrs. Samul responded that is a shell game and did not want to go there.

Mr. Evans reported that he attended the last Administrative Services Study Committee meeting, has heard their presentation before and appreciates the Board of Education’s need for the software and at the meeting there was a fair amount of vetting of some good questions for example as why can’t Town and the education system use the same software?  He reported that the Town is using the new ADMINS program that was recently designed and purchased asked why as it would be a lot cheaper to get one program that encompasses the whole system but his understanding is that it is really not available and we need a system that is more specifically uniquely designed to serving the needs of the educational system and that was the general consensus of persons present that night at the Administrative Services Study Committee meeting.  

Mr. Evans questioned that once the $920,000 is closed out monies will go to the different places designated under disposition, what does close out mean?  Mr. Franzi responded that those are funds that are being closed out, both balances would be deferred to the Town with no continued use of these accounts for any specific purpose in the future; whatever spending went out of these accounts for particular programs at the schools these residual balances are no longer needed so we are closing these out and the monies go to the Town’s general fund.  Mr. Evans questioned another category called balance to Town and what that means.  Mr. Franzi responded those are employee contributions for healthcare and up until last year when the Board of Education runs payroll they do deductions, co-payments on employees to their insurance, gets deposited into the revolving account and it was subsequently transferred from the revolving account to the internal service claims fund at the Town as a manual transaction.  He reported that they have taken that internal service claims/healthcare line out and what were left was dental and term life insurance contributions; the instruction through the liquidation of the revolving account was to take the existing fiscal year employee contributions, applied them to the line items, dental and term life insurance, in the operating budget and this is the remaining balance from prior fiscal years and will now default to Town to fund balance.  Mr. Evans questioned that it will not go to pay future years dental or term life insurance at all.  Mr. Franzi responded no.

Mr. Evans questioned the accounts labeled “general fund” also going back to the Town with exception of the $224,475 being requested.  Mr. Franzi responded that part of the liquidation of these accounts, the parking fees at the High School is used to pay for the security guard and historically funds were collected from the High School, deposited into revolving account and the security for the salary of the individual at the High School was paid for out of the revolving account because the operating budget used to carry that years ago and it was reduced so that is how we decided to collect parking fees to fund the security guard.  He reported that now they are instructed to take the security guard expenditures that have been booked against their operating budget so this will come in later this year as Chairman Zacchio was referring to as a request for supplemental appropriation to offset those expenditures.  Chairman Zacchio questioned that in the future if the Board of Education is setting up an account in lieu of the revolving account so those dollars for parking fees and the security guard will go directly into a designated fund balance.  Mr. Franzi responded yes.

Chairman Zacchio reported that there will be no revolving account and this is the process of correcting the accounting entries that the auditors recommended that we correct in terms of dissolving the revolving fund and encumbering dollars in revenues from specific sources into designated fund balances.  Mr. Franzi responded yes.  Chairman Zacchio reported that this is surplus money that the Board of Education is looking to use in this manner.  The Town Manager reported that the revolving fund would be continued just at a much reduced level of activity.  Chairman Zacchio responded that there has to be some for the revenues to float through and then designated into specific fund balances.  Mr. Evans reported that if the monies are not paid for the new software, $224,475, out of this particular Tuition Special Education account the Board of Education’s recourse is to wait until next year to seek this as a capital request or in the budget.  Mr. Franzi responded that it would fall under capital because it is over $20,000.  Mr. Evans reported that there would have to be a capital request that could not be funded earlier than one year from now.  He reported that they are using the remaining funds so it can be funded presently without having to wait one year, understanding that is probably not the normal way that you do things as a reclassification and a supplemental appropriation.  The Town Manager reported that absent action it would close to undesignated fund balance and then have to be re-appropriated out presumably through the budget process.  Mr. Evans questioned what impact, if any, this has our rating as a municipality with the credit agencies to do it this way.  The Town Manager responded it has no impact and does not have anything to do with undesignated general fund balance.  Mr. Evans reported that if we do not approve the action it will increase the undesignated general fund balance.  Chairman Zacchio reported the undesignated fund balance from what comes in and out and how often you take out of it as well as what the fund balance is against the total levy.  Mr. Evans questioned that this is something that requires approval from both the Council level and at the Board of Finance.  The Town Manager responded yes.

Mr. Pena questioned if the Board of Education is comfortable in that the data bridge will handle both the Town and the Board of Education and they will be able to talk to each other and they will not come back here in three or six months and say that the data bridge is not working.  Has it been tested somewhere else?  Mr. Franzi responded that they develop various data bridges throughout systems that they currently support; in this particular one they have not built a bridge for ADMINS at this point but they do not see any problem or issues in terms of that; once the requirements are defined on the Town side the file can be created for the Board of Education side.  Mr. Pena questioned if they feel comfortable in that it would work.  Mr. Franzi responded yes.  Mrs. Samul questioned if the two systems are going to be run parallel for a period of time.  Mr. Franzi responded yes.  Chairman Zacchio questioned by this timing if they will be able to utilize this for next year’s budget process.  Mr. Franzi responded that is the plan right now.  Chairman Zacchio questioned the number of other systems looked at.  Mr. Franzi responded three other systems for a total of four.

Mr. Pena asked Ms. Colligan, Town Director of Finance if she is familiar with the software that the Board of Education is looking at.  Ms. Colligan responded yes and witnessed the demo and most of the others except for one.  Mr. Pena questioned if Ms. Colligan feels comfortable too.  Ms. Colligan responded yes, they actually asked her for a write-up which she presented and gave to Mr. Mala to share with their Board where she gave an evaluation; it is a little different on the Town side as we did not purchase new software, we did an upgrade.  She did make a statement that she was favorably impressed with BudgetSense, pretty much everything they did on the demo is what we are currently doing on the Town side and thought some of their screens were very user friendly so if they really are trying to do this distributive basis she thinks it could work at all skill levels; she was impressed with the product.

Chairman Zacchio reported that he does not like the process we have to go through to do this any more than he thinks anyone else has conveyed here.  What he does like is that we are straightening out a process that the auditors noticed and the Board of Education has taken note of and our new Superintendent of Schools and Gary Franzi has put a lot of work forward to try to resolve this and setup the right accounting measures and the right audit trail for the dollars that flow through these accounts.  He reported that while he is not happy about what has brought us here in terms of how we have to do this and he does understand the need, he is happy that we are recognizing that there is a need to make this change and that we are moving forward in a way that is as transparent as possible and one that meets the audit guidelines and very pleased that BlumShapiro will be involved and helping get the system on board and it is something that bridges across to the ADMINS with the Town and he appreciates all of the hard work.

Flo Stahl, 2 Sunset Trail, reported that in no way are her comments have anything to do with the validity of the request to straighten out this financial software as it is obvious that it needs to be done but from a taxpayer’s point of view she does have a question.  She reported, for the record and for clarity, tell us in Avon how do we get a surplus of $1 million in fact she understands that at one point the surplus was $1.2 million in a revolving fund that is sort of off the books and not part of the budget when the Town goes through agony and is tied up in knots when it comes to passing the education budget and here we are sitting on a surplus.  Please tell me how that happens, tell the people of Avon how does that happen.  Mr. Franzi responded that the revolving account is not a surplus and it has been reported in the CAFR (Comprehensive Annual Financial Report) for as long as he has been with the Town Board of Education as a Special Revenue Fund and is audited every year.  He reported that this fund was primarily used for money that comes into the school district and the Board of Education that may be designated for a specific purpose but is not part of the operating budget, for example, we received CHOICE money for the students coming in from Hartford from the State of Connecticut.  He reported that money has to be deposited so it goes into the revolving account and that money is used to pay for our students attending outside the district.  He reported that with the employee contribution account they run payroll, they have the employee’s deposits through co-pays for insurance that needs a quick turn around spot so deposits are made there and then transferred to the internal services claim fund.  He reported that there are several items like this; other times they could have received a donation from the PTO to buy a particular set of supplies or books for a school, the check is deposited into the revolving account, identified for that particular initiative for that school, and as soon as the bills come in payment is made through that account.  It is constantly in and out turnover of funds but it is definitely not a surplus account.  He reported that the other big category that has been in the revolving account for years is the other insurance components that were discussed earlier and has been the process for the last three years.  Ms. Stahl questioned that at year’s end there is a surplus of over $900,000.  Mr. Franzi responded that in this case what has created the majority of that funding is the reimbursements from Hartford for the CHOICE students attending our schools for special needs services and are billing Hartford back for those services provided by our staff in the district and Hartford is paying us for those services.

Ms. Stahl asked if this issue did not come up where we need a new financial software system, and is not going into the reasons why we are at this point and the injustices to the taxpayer who are paying for two financial systems, if we were not at this point what would happen to a surplus, revolving fund, of over $900,000 at the end of the fiscal year.  Mr. Franzi responded that fund balance would roll into the next fiscal year and those funds that are in those specific accounts for a particular initiative as those funds that are designated for are received.  For example, next year in the most likely situation we have CHOICE students coming in again from Hartford where we provide special needs services to those students, we are going to be billing Hartford back for those services so it is a continued cash flow coming into the district for those particular services; it is a reimbursement for the money we are spending out of our operating budget.  He reported that through the efforts of Peggy Colligan, Town Director of Finance, her staff, and the auditors we have created tracking for these major issues.

Bob Paine, asked when you buy new software who trains the staff and at whose cost, is the vendor going to train the people to use the new system?  He reported that software can be quite sophisticated and will be quite different than the manual method that is being used now so he would assume the vendor would have some responsibility for training the staff on this.  Mr. Franzi responded that is correct.

On a motion made by Mr. Evans, 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 increasing General Fund, Other Local Revenue, Tuition Reimbursement, Account #01-0360-43614 in the amount of $224,475, increase General Fund, Capital Improvement Project, Equipment, BOE Financial Software System, Account #01-8503-53113 in the amount of $224,475 for financial system, servers and consulting agreement and increase Capital Projects Fund (Facilities and Equipment), Other Financing Sources, Interfund Operating Transfers In, Account #02-0390-43918 and Capital Projects Fund (Facilities and Equipment), BOE CIP-Equipment, BOE Financial Software System, Account #02-4864-53113 in the amount of $224,475 for the purpose of recording Special Ed reimbursement revenue from Hartford to cover SPED services, thus freeing up fiscal capacity to provide the funding for the implementation of the Board of Education new Financial System.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

Mrs. Samul commented that this is a good move in that it will increase the transparency of the whole budget process; the public should have a better understanding with the information made available through this new software.

11/12-10        Use of Capital Project Equity – Middle School Tennis Courts

Chairman Zacchio reported that a request is being made to use capital project equity from the designated fund balance for the police dispatch center, in the amount of $20,000, to help provide funding for the Avon Middle School tennis courts.  He reported that last month we had a discussion with the fundraising group for the tennis courts around a grant that they are seeking from the United States Tennis Association (USTA).  He reported that what would suffice for that grant is a letter from the Town giving that fundraising group the authority to be asking for that money and give some credence to the grantor that we have made a commitment to it.  He reported that they are satisfied with the letter but would much rather see something on the record from a vote perspective in the minutes.  He reported that what Council is being asked to do tonight is approve those funds and the recommendation is to approve those funds contingent on the dollars that are collected privately and being submitted to the Town, the approval of the grant, and then contingent upon the Board of Education who has already donated $12,500 to do the same in the amount of $20,000.  He reported that it would be setup as contingent because if we do not get the $36,000 from the USTA then this is something that will probably lapse into the capital budget for next year and dealt with on a priority basis.

Mrs. Samul reported that she was surprised to learn that the fundraising group needed more seed money because they had come to us once and we provided it and there was no reason given that she saw in the material as to why they needed additional seed money.  She also reported that she is becoming concerned with groups that come forward and say that they are going to raise money for whatever item in Town; they are always items that we support and they are not being frivolous but then fall short and expect us to fill in the gap.  She agreed with the approach of nothing going out until we know the decision about the grant because unlike the Pine Grove School playground she does not think this is something that we can cutback on.  She reported that with the Pine Grove School playground they failed to raise everything and they cut the scope of the project back.  She reported that we are contributing half, still a good deal, but she is concerned about that and also wants to go on record to say that she has a philosophical hurdle with taking money out of something which was designated for Public Safety, in this case, and using it for Recreation and Parks but she understands the thought process behind it and our Standard and Poors rating and how it can be affected if it were done differently.

Chairman Zacchio reported that Mrs. Samul is right on and shares the same concern as this is not typical of the way we would fund a project.  He reported that there are a couple of reasons why he became comfortable with it.  He reported that we are delivering a project for about fifty percent of the cash price, of course the Town has some in-kind service in there as well where we are doing some of the construction work but that is more a fixed cost.  He reported that he is also concerned about the slippery slope of doing this more often than not and the reason he became comfortable with this instance is really the timing is important and his understanding on the extra seed money as they knew there was some under sub-surface issue with the soils and the borings that we did confirmed that and what needs to be done underneath to make sure that this does not happen again so the courts do not continue to crack and that was the extra dollars that we are raising.  He thanked the fundraising group as we are able to produce a product for about fifty percent of the cost of what it would be rather than eventually to the capital budget and because of the timing of this it makes sense to do that.  He reported that to Mrs. Samul’s point on the Standard and Poors rating he did have some conversations with Board of Finance members as well and one of the things that helps is this is a designated fund balance and it is captured within that; Board of Finance members are more comfortable with it than if we took the whole amount and put it into the general fund and then took it out of the general fund for this purpose although we would be initiating the same transactions we would churn the account and move it and that is what Mrs. Samul is referring to.  Chairman Zacchio reported that with smaller dollar amounts it might not be the preferred method accounting wise but it has the same transparency because Town Council has to make an appropriation as well as the Board of Finance but Mrs. Samul’s point is well taken.

The Town Manager reported that this item will be on next month’s agenda with a formal resolution for Council’s action as he expects that this item will be on the next agenda for the Board of Education so they will have acted by then and their appropriation will require action by both the Town Council and the Board of Finance as well.  He reported that we will prepare an omnibus resolution to take care of all of that at the next Town Council meeting.  He reported that the purpose of getting consensus from Council tonight is so he can provide a letter to the USTA that says that Council has acted and approved this.  Council agreed that they are in consensus.

11/12-11        Review, Discussion, & Approval: Avon Clean Energy Commission

Chairman Zacchio reported that the Avon Clean Energy Commission did achieve the first milestone of 20% by 2010.  The Town Manager reported that the reason the Commission was approved to begin with back in 2008 was to carry out the 20% by 2010 program; this program is administered by the Connecticut Clean Energy Fund and they have reported that the program was such a success that they have announced phase two which is 30% by 2015.  He reported that there is a cost associated with all of this, for instance with the 20% by 2010 program the vast amount of the electricity and power that Town facilities are using does not qualify as “clean energy” so what you have to do in order to qualify for the program is to purchase renewable energy credits and there are a number of dealers out there.  He reported that the last time the Town purchased renewable energy credits we worked with Sterling Planet following a competitive bidding process and bought these credits to offset the use of non-renewable energy sources by Town and Board of Education buildings.  He reported that we continue forward with the same approach with the 30% by 2015 program.  He reported there will be a cost for the renewable energy credits but it is declining.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council amend the December 4, 2008 CHARGE to the Avon Clean Energy Commission
RESOLVED:  That the Avon Clean Energy Commission as established on December 4, 2008, having met its 20% by 2010 goal, be recharged as follows: (1) The Committee shall ensure that the goal of 30% by 2015 is met; (2) The Committee shall facilitate the development of an Energy Plan for the Town and Board of Education; and (3) The Committee shall continue to provide periodic reviews and reports to the Town Council upon request.
Mrs. Samul, Messrs: Zacchio, Shea, Pena, and Evans voted in favor.

The Town Manager reported that Bernie Zahren, Chairman for Avon Clean Energy Commission, will be attending Council’s next meeting to provide a thorough update on the Commission’s activities.  Mr. Shea questioned if Council will get the information in advance.  The Town Manager responded yes.

VIII.     TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A:   Purchasing Update:  The Town Manager reported that work continues at the Library; the next bid package due on August 15th, advertised on July 27th, is for Phase II of the Furniture, Fixtures, and Equipment.  He reported the bid process for Avon Day Equipment Rental is underway; Avon Day is scheduled for September 24th (rain date of September 25th).  We received responses on the CRCOG – Treated Road Salt bid with a savings of $1.51 per ton under what we budgeted for an approximate total of $3,000.  He reported that future activities include: online recreation registration, snow removal services.  We are completing wrapping up a flurry of purchasing activity getting our contracts updated so things will quiet down on that front over the next couple of the months.

Misc. B:   Construction Update:  The Town Manager reported that we had a change order last week for the Library project; the nature for it has to do with the insulation as it was found that there was a code compliance with the insulation (needs to be sprayed with a fire-retardant material) and it was a mutual decision by all parties to go ahead with the change.  There was no additional fee incurred by doing it, just an unexpected expense that was not included in the initial gross maximum price.  He reported that the roof sheathing, as talked about at the last Council meeting, he gave a maximum exposure of $48,000 and we expect the total cost to be around $30,000.  As they got into it, the sheathing was not as damaged as they anticipated so they are looking at it plank by plank.  In terms of overall, we are still tracking favorably; on the contingency we are at thirty-three percent.  Mr. Shea questioned what thirty-three percent contingency means.  The Town Manager responded that it is thirty-three percent spent on the project thus far.  He reported that in the next month there are a few closure dates for the Library, working with staff, doing a couple of half days over the last few weeks because of heat-related issues.  He reported that with some additional upcoming work it does not make sense to work around with staff and the public there so we will close during those times and provide as much notice as we can.

The Town Manager reported that there is a lot of construction activity going on along Route 44.  He reported that two areas in particular were the area in front of Marshall’s which has been going through complete demolition and all in conformance with the site plan that was approved for the Fresh Market development.  He reported that they are anticipating having the building up by the holidays but it is possible that it may go into next year.  He reported that the building where Blockbuster was is under construction and will be a Hartford Hospital facility and should be completed by late fall.

Misc. C:   Administrative Services Study Committee:  The Town Manager reported that the Committee held a meeting on July 20th.  He reported that two key areas of progress in the Matrix report are: the ADMINS system upgrade and Novatime.  He reported that with the ADMINS system upgrade we have been funding it over the last two years where FY 11/12 is the second year of the funding cycle and we are in the process of running parallel systems, all the training has been completed, and in good shape to be fully online come the turn of the calendar year.  He reported that Novatime is another one that we have been spending a lot of time and has to do with automated timekeeping.  He reported that this gets us away from punching time clocks and instead there is a palm reader machine that is going to be distributed.  He reported that it is in Public Works now and about to be rolled out in the Police Department and Town offices.  He reported that Council has an updated spreadsheet regarding all of the Matrix recommendations that have been made and what the status is.

The Town Manager reported that we received a letter last week from the Government Finance Officer Association of America notifying the Town of Avon again that we have been awarded the CAFR presentation award.  This is recognition for our disclosure in the Comprehensive Annual Financial Report.  He gave credit to Peggy Colligan and her staff who do a great job with this and this will be the twenty-ninth consecutive year that we have been recognized with this designation.  He also reported that we have been recognized twenty-six years in a row for budget presentation; we have also made a lot of enhancements to the budget book this year.

The Town Manager reported that we are in the process of filling the Captain’s position.  He reported that Council has a memo that provides the timeframe and steps moving forward.

The Town Manager reported that Council also has a copy of a survey conducted by the Unplugged Learning Initiative using a tool called Survey Monkey looking to elicit community comments regarding walk ability in the community, trails extensions, bike paths, making the community more pedestrian and bicycle friendly.  He reported that staff last week including himself, Town Engineer, and Planning Director met with some representatives from the Initiative, reviewed the results, and had a discussion about it.

IX.       EXECUTIVE SESSION: Pending Claims / Litigation including High School Boiler

On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 9:05 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

The Town Manager, the Assistant to the Town Manager, Attorney Derek Werner, Town Attorney Dwight Johnson, and the Clerk attended the session.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council come out of Executive Session at  9:40 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Shea, and Evans voted in favor.

XI.      ADJOURN

The meeting was adjourned at  9:40 p.m.

Attest:  

Caroline B. LaMonica
Clerk