AVON TOWN COUNCIL
MEETING MINUTES
OCTOBER 6, 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 the Clerk. Members present: Mrs. Samul, Messrs. Shea, Pena and Evans. Mr. Zacchio was absent. The Clerk requested nominations for Acting Chairman.
On a motion made by Mrs. Samul seconded by Mr. Pena, it was voted:
RESOLVED: That William Shea be elected Acting Chairman for this meeting in the absence of Chairman Zacchio.
Mrs. Samul, Messrs: Pena and Evans voted in favor.
II. PUBLIC HEARING
The Town Council held the following Public Hearing:
TOWN OF AVON
LEGAL NOTICE
NOTICE OF A PUBLIC HEARING
Notice is hereby given that the Town of Avon, Connecticut will hold a Public Hearing on Thursday, October 6, 2011 at 7:30 p.m. at the Avon Town Hall, Selectmen’s Chamber, 60 West Main Street, Avon, Connecticut to consider the following:
The Town of Avon to accept a permanent easement on or over a certain piece of land situated in the Town of Avon as shown and designated as “Proposed 20.00’ Sanitary Sewer Easement to the Town of Avon” on a map entitled “Map Showing Proposed Sanitary Sewer Easement In Favor of Town of Avon across Property of David & Victoria Dicenso, 131 Deepwood Drive, Avon Connecticut Scale 1”= 40’ September 2009.
Dated at Avon, Connecticut this 2nd day September, 2011.
Brandon L. Robertson, Town Manager
The Acting Chairman advised the audience that the documents pertaining to this easement are up front and if anyone is interested in viewing them they are free to come up and comment. Being no further comments the Public Hearing was closed at 7:33p.m.
11/12-16 Acceptance of Sewer Easement: 131 Deepwood Drive
On a motion made by Mr. Evans seconded by Mr. Pena it was voted:
RESOLVED: That the Town of Avon accept a permanent easement on or over a certain piece of land situated in the Town of Avon as shown and designed as “Proposed 20.00’ Sanitary Sewer Easement to the Town of Avon” on a map entitled “Map Showing Proposed Sanitary Sewer Easement in Favor of Town of Avon across Property of David & Victoria Dicenso, 131 Deepwood Drive. Avon, Connecticut Scale 1” = 40’ September 2009.
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
The Town Manager requested that the Town Council make a motion to accept the Sanitary Sewer Easements.
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted
RESOLVED: That the Town Council accept on behalf of the Town of Avon conveyance easements for the Sanitary Sewer Easements.
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
III. MINUTES OF PRECEDING MEETING – September 1, 2011
Mr. Evans questioned whether the amounts of $5,000 or $6,000 (on page 14) of the September 1, 2011 Meeting are correct as they relate to the amount of money needed to increase our fund balance to approximately 7%. Mr. Shea replied the figures should read $500,000 or $600,000.
On a motion made by Mr. Pena and seconded by Mr. Evans it was voted:
RESOLVED: That the Town Council accept the minutes of September 1, 2011 as amended.
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
IV. COMMUNICATION FROM AUDIENCE; Items not on this Agenda
Ernie Ehrhardt - Avon Mill Apartments reported that he wanted to thank Councilman Pena for bringing to you people last month his concern regarding voting on the budget. I think it leaves a lot to be desired if anyone voting no, does not allow any indication if the budget should be increased or decreased and would think with a secondary question for those who voted no, it would guide the Board of Finance which direction they should vote. Mrs. Samul reported that this question properly should go before the Board of Finance. Mr. Shea reported that the Board of Finance meets the fourth Monday of each month and suggested that Mr. Ehrhardt attend their meeting and express his concerns to them. The Council has already raised your concerns with the Board of Finance.
V. COMMUNICATION FROM COUNCIL
Mr. Shea reported that Mark Zacchio our Chairman was called away on business to New Jersey and was hoping to make this meeting, however, he has been delayed.
V. OLD BUSINESS
10/11/58 Appointment: Wild & Scenic River Study Committee D-12/31/2011
Mr. Shea recommended this appointment be tabled.
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council table this appointment to the November meeting.
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
11/12/06 FY 12/13 – Approve Capital Budget Review Schedule
The Town Manager reported that he would like to make a change in the scheduling due to a scheduling conflict. In the memo in your packet the Board of the Education had been scheduled to provide a presentation November 15th this conflicts with a meeting they had scheduled. He would like to schedule the Board of Education in at 7:00 p.m. on the 16th and move Recreation and Park to 7:00 p.m. to November 15th.
On a motion made by Mr. Evans, seconded by Mr. Samul, it was voted:
RESOLVED: That the Town Council approve the following FY 12/13 Capital Improvement Budget schedule as follow:
Tuesday, November 15th Regular Town Council Meeting (7:00 p.m.)
7:00 p.m. Recreation and Parks
7:30 p.m. General Government
Wednesday, November 16th Special Town Council Meeting (7:00 p.m.)
7:00 p.m. Board of Education
7:30 p.m. Secret Lake Association
8:00 p.m. Engineering
8:30 p.m. Public Works
Thursday, December 1st Regular Town Council Meeting (7:00 p.m.)
7:00 p.m. Police Department
8:00 p.m. Fire Department
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
VII. NEW BUSINESS
11/12-18 Eagle Scout Proclamation: Mark Christopher Rourke, Jr..
Mr. Shea reported we have a wonderful honor this evening for wonderful achievements - Mark Christopher Rourke, Jr. is getting an Eagle Scout Proclamation. Often the Council has young people like this come before us, we deal with different issues in Town, but I can tell you that we also stand up and try to pay attention when young people like yourself come before us after making an accomplishment like this
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Avon Town Council present to Mark Christopher Rourke, Jr. the following Proclamation:
October 6, 2011
Mark Christopher Rourke, Jr.
Permit the Town Council to join your many friends in offering our heartiest congratulations upon your achievement as an Eagle Scout
This is an appropriate honor for the many years you have spent as a Boy Scout. As a Boy Scout you have had to show qualities of leadership, integrity, loyalty and service to your troop, community, school, church and your friends.
The high standards of the Boy Scouts of America are well known and your elevation to Eagle Scout most certainly attests to your fulfillment of their high standards.
Congratulations on your outstanding achievement!
11/12-19 Request for a Supplemental Appropriation – Board of Education
The Town Manager reported that Gary Mala has been keeping me up to speed. This came to our attention in mid to late September. The heat exchangers have developed holes. There are seven units on top of Roaring Brook School – four have holes that are visible and three others have shown signs of the same type of wear and tear, they are all of the same vintage and all have exceeded their useful life. The units have been reviewed by the Fire Marshal, the Town Insurance Carrier and HVAC Consultant, Trane and they have indicated the heat exchangers in four of the seven units have holes. If activated, carbon monoxide would enter the building through these holes. All parties concur that the units in the present condition are not usable.. The work has been scheduled for Monday. The cost is
approximately $80,000 to replace all seven units. The Board of Education has requested a supplemental appropriation to reimburse their operating budget for this unanticipated Capital Expenditure. He reported he does not have a recommendation this evening regarding the funding source but anticipated he will have one at the next meeting or shortly thereafter.
Bill Stokesbury member of the Board of Education – reported this is an example of our physical plant just wearing out. We had an example with the Middle School Roof a couple of year ago and we should expect that equipment that is over 20 years old will need to be replaced and we should work with the town to develop a more meaningful Capital Plan for replacements before it needs to be replaced. If this had happen later in the season we would have had a bigger problem.
Mrs. Samul questioned if this had been requested in the Capital Improvement Budget. Mr. Stokesbury replied that this did not come before the Town Council because there were more need for other projects. These are part of our 5 to 10 year program. Mrs. Samul questioned if all the units go at the same time? The Town Manager reported that the holes were discovered at the same time there are holes in four and the other three showed the same wear and tear. Mrs. Samul questioned how frequently the janitor sees or does anyone check on these. Mr. Stokesbury replied they are checked by their licensed heating engineer annually and we assume they were discovered at the start- up of the school year. He reported we know they have a defined useful life but we were planning to replace at the end of
useful life or before - the end of that life we are taking a chance with schools or town buildings- I think we can do better. Mrs. Samul reported her questions are geared at doing better and trying to anticipate rather than react.
Mr. Evans questioned what are you suggesting that we do differently going forward to anticipate replacing rooftop units and other HAC systems? Mr. Stokesbury replied that each individual rooftop unit replacing cost is $10,000 whereas taking as a system they would have a value over the value of the Capital $20,000 – as a system you have to look at long-term planning and we keep getting derailed by more pressing needs and we let our physical plants deteriorate. Carpeting in the buildings, flooring in the buildings are other examples. Mr. Evans questioned shouldn’t you consider moving these plans up in your Capital Budget Request? Mr. Stokesbury replied we do except when we have to reserve $600,000 for a high school boiler that becomes a single line in the Capital request. Mr. Evans
reported we all understand the issue but there is not enough money to go around.
Mr. Pena reported he understands the issue, but do we have an individual within the school system – do we have one of them or one for each building? Mr. Stokesbury reported that they have in the school wide system, an licensed employee, who does this. Mr. Shea questioned whether the employee does mostly repair work. He feel it is appropriate to have the Facilities Building Committee review all those issues – we have talked about roofs, and rooftop units we have a sense of urgency because in the past after millions and millions of dollars in investments into the buildings of the Town we are caught by surprise and it is not the fault of anyone that a boiler goes down or the roof goes bad and it does eat up Capital dollars. In this tough economic environment it makes it very difficult when
it comes to choices in government so it is an on-going problem and it is good you are giving focus to it and we recognize we have a problem it has been identified and it is being solved on Monday and we should move on and try to identify as quickly as we can and try to identify the next set of issues that pop-up before they are at a stage where we have to do them right away and operating funds have to be used as opposed to other funding sources we may have.
On a motion made by Mr. Pena, seconded by Mr. Evans it was voted:
RESOLVED: That the Town Council table this request to permit time for the Town Manager to determine the source of funding.
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
11/12-20 Solid Waste/Recycling Contract Recommendation
The Town Manager reported that he had anticipated being in a position to make a recommendation regarding the renewal of a Solid Waste/Recycling Contract. We have received notification that CRRA has moved the target completion for executing of the municipal solid waste agreement to December 31, 2011. Several of the surrounding towns have approved new agreement with CRRA including Farmington, Canton and Granby. Each of these communities has approved a Tier 1 Agreement for a term of 15 years. On Sunday we heard that CRRA has introduced several last minute modifications to their proposal and the Central Connecticut Solid Waste Authority is in the process of digesting those modifications. They did two things - they moved up the deadline to December 31, 2011 and the other thing that it does is change
some of the economics with respect to the recycling rebates. The changes they we are talking about will change my recommendation to the Council regarding the contract and what I will be recommending to the town. I would like to see it tabled and held in abeyance and it is likely you will see this again next month.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council table the Solid Waste/Recycling Contract to the next meeting.
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
11/12-21 Health Insurance Renewal
The Acting Chairman reported you have in your packet minutes from June 2, 2011, there was a lot of discussion regarding the health insurance renewal and the process. The Town Manager reported that there were two health insurance issues that came as a result of the renewal process for the budget figures for the fiscal year 2012 and the two issues were at the end of the process we had a dramatic reduction in the renewal rate. In the budget process we had budgeted approximately 8.25% and a day or two prior to the public hearing we got notice from our Consultant Milliman that the renewal would actually be 2.4%. The other issue was with respect to the stop loss coverage, the Town has had a $100,000. stop loss per life per year for several years and we had a recommendation from Milliman that we might want to
consider increasing that, if you increase the stop loss coverage the premium goes down, but the community also assumes more risk. They did some analysis based on that – we talked about increasing stop loss all the way from $100,000 to $150,000. I made the decision to increase it to $120,000. I think those items in particular require some review by Council and the Superintendent of Schools made a similar presentation to the Board of Education and as a result of that it was suggested, at the Council meeting that a small sub-committee be put together. I included in the background memo basically a draft charge that I developed and Steve May, Gary Mala and I talked about and reviewed as well. The charge basically outlines the work plan for the sub-committee and it would include getting into some of details how this works keeping in mind health insurance is a very significant part of both of our operating budges. Getting down into the detail, talking about
how we budget for it getting some initial figures from Steve May regarding projecting renewals, and talking about decision points thru the year. The key here is that everybody is kept in the loop as much as possible so that we don’t have one of these surprises as we are moving thru the process so that we don’t have a 8.25% dropping down to 2.4% without knowing that is coming. The other thing that I suggested that we have a group working with staff is to have Steve May talk thru what is happening out there and the larger environment with respect to health insurance. It is a very fluid environment for drug purchasing and medical insurance. That is something we follow closely at the State level but I think it would be a good educational process for some of elected officials to hear this straight from Steve. I believe Bill Stokesbury is going to be the liaison for the Board of Education, from the Board of Finance Tom Gugliotti has agreed to serve
What I am looking for from the Council is a volunteer from the Council and discussion regarding the charge I have developed.
Mr. Shea reported that he has reviewed the charge and he likes the charge. He reported he liked the charge and it is overall encompassing of what the committee needs to do and Steve May will be doing a lot work and the committee is there to try to guide and communicate back to the various boards what is going on.
Mr. Evans questioned the item of the charge that relates to “Review and make a recommendation regarding the appropriate level of stop loss coverage (to include a discussion of the current self insurance fund balance)”. He questioned who is the recommendation made to? The Town Manager replied to the committee and the committee is going to report back to each of the Boards – Board of Education, Board of Finance and the Town Council ultimately. It is a sub-committee appointed by the Town Council so all of the recommendations will be coming back to me thru to the Town Council. Mr. Evans questioned whether the Council is making the final determination, stop loss coverage, for example, for the entire town and the Board of Education, as well, or just the Town employees. The Town Manager
reported it goes all together as a package. We got into this somewhat last year when we discussed whether we could have a different stop loss for the Board of Education and the Town pool because we may have different characteristics. The answer was you can not split the pool. I will be making a recommendation as we go thru the budget process and ultimately the Council would be making the call.
Mr. Shea reported that he would like to think that the Council will work with the other two boards. Everyone’s goal is the same and that goal is to provide the best health care insurance that we are capable of providing which is a fair and balanced policy. Also, be able to put something together from a cost perspective, so the challenge is there and I think we have the right professional involved with Steve May and I would like to think no matter what avenue the flow of final decisions takes it would be a group decision. If the Town Council could not built consensus than a three Board meeting should be held. I find it hard to believe because everyone has the same goals that would not be able to come up with that balance. I think we are all concerned about the risks, cost and we are all
reasonable people and if it’s the Council decision it perfectly alright but I would like to think that the sub-committee we appoint will not have the authority, they will be reporting back to the Boards and than to the Town Manager but they will be doing it in concert with Steve May.
The Town Manager reported as we go thru this process it is for the Board of Education, unlike the Board of Finance. These recommendations will be built into their budget process. Some of these assumptions they will have to agree upon is fairly early in the process because it forms a base line. At the end of the day it will be unlikely that anybody going to disagree with what Steve is going to recommend. That was why we built up the stop loss last year and there may be room for policy decisions. The objective of the sub-committee is to act as the check and balance.
Peggy Roell reported she has not read the charge, it sounds fine, but I want to make sure that we are an equal partner because we are 80% of the cost and we have 80% of the employees. Mr. Shea replied would it be fair if the Town Manager put something together and ran it by Gary. Mrs. Roell replied that she does not believe the Board of Education should give up its authority because it is a big number in their budget. I don’t feel comfortable to say the Town Council is going to decide without more input from the Board of Education. Mr. Shea replied that the Town Council working in concert with the Board of Education will do all we can to work together. If we have any miscommunications we can have a three board meeting where we will all get together to talk about it. We are reasonable people
with the same goals considering the risk and we are considering the expenses. We know this is a big part of your budget, we know it is important to you however, the Town Manager is working with Gary Mala. Mrs. Roell reported that she has not seen the document but she wants to make certain that the wording in the document does not take rights away from the Board of Education. Mr. Shea replied that the charge can be signed off by the Board. Take your time to review and sign off.
The Town Manger questioned if there are non-substance changes may he move forward?
Based on this charge, rather than waiting for the next Council meeting to get Steve in. Mr. Shea replied he would be comfortable with that.
On a motion made by Mr. Evans, seconded by Mr. Pena:
RESOLVED: The Town Council approve the Charge to the Health Insurance sub-committee as written subject to final review by and approval by the Superintendent’s Office, the charge is as follows:
Review the methodology employed to budget for health insurance costs
Review and make a recommendation regarding the appropriate level of stop loss
coverage (to include a discussion of the current self insurance fund balance)
Receive a preliminary budget for the FY 13 health insurance renewal
Identify decision points throughout the budget process leading to the final amount
to be used in the FY 13 budget
Discuss state legislative environment including possibility of joining purchase
cooperatives
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
Mr. Shea reported that he and Mr. Zacchio discussed this and if Mr. Evans and Mr. Pena are in agreement and if you are willing to spend some time we would like you Mrs. Samul to serve on this sub-committee. Mrs. Samul stated “I certainly could”, but was surprised because of the expertise of another member of the Council that my name popped up. Mr. Shea responded that really we will have two members pretty well versed on this subject
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESLOVED: That the Town Council appoint Mrs. Samul as the Town Council’s representative on the Health Insurance Renewal sub-committee.
Mr. Evans, Mr. Pena and Mr. Shea voted in favor.
11/12-22 Approve 2012 Meeting Schedule
The Town Manage reported enclosed with your agenda is the Schedule of Meeting for the Town Council from January, 2012 thru January, 2013.
On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council adopt the following schedule of meetings in accordance with P.A. 723 of the 1967 Session of the Connecticut General Assembly, the following list of scheduled meetings for 2012 and January 2013:
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
Thursday, January 5, 2012 7:30 p.m. – Town Hall
Thursday, February 2,, 2012 7:30 p.m. – Town Hall
Thursday, March 1, 2012 7:30 p.m. – Town Hall
Thursday, April 5, 2012 7:30 p.m. – Town Hall
Thursday, May 3, 2012 7:30 p.m. – Town hall
Monday, May 7, 2012 7:30 p.m. – AVON SENIOR CENTER
ANNUAL BUDGET MEETING
Thursday, June 7, 2012 7:30 p.m. – Town Hall
Thursday, July 12, 2012 7:30 p.m. – Town Hall
Thursday, August 2, 2012 7:30 p.m. – Town Hall
Thursday, September 6, 2012 7:30 p.m. – Town Hall
Thursday, October 4, 2012 7:30 p.m. – Town Hall
Thursday, November 1, 2012 7:30 p.m. – Town Hall
Thursday, December 6, 2012 7:30 p.m. – Town Hall
Thursday, January 3, 2013 7:30 p.m. – Town Hall
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
11/12-23 Approve Resolution: 2010 State Homeland Security Grant Program
The Town manager reported this is the 2010 Grant which is federal fiscal year and is always done in arrears. Basically this is a grant thru the Department of Emergency Management and Homeland Security, what this resolution does is to redirect the funds to CRCOG to perform various projects on a regional basis really, since its inception, Avon has been part of CRCOG. Actually Simsbury after the first year redirected the funds to Simsbury, which was a big mistake because there is mountain of paper work that comes with this Grant. He reported in the way of background information CRCOG has undertaken some initiatives with these funds. They have a very active regional public safety committee.
On a motion made by Mr. Pena, seconded by Mrs. Samul it was voted:
RESOLVED, that the Town Council may enter into with and deliver to the State of Connecticut Department of Emergency Management and Homeland Security any and all documents which it deems to be necessary and appropriate and
FURTHER RESOLVED, that Brandon Robertson, as Town Manager of Town of Avon, is authorized and directed to execute and deliver any and all documents on behalf of the Town of Avon and do and perform all acts and things which he deems to be necessary or appropriate to carry out the terms of such documents, including, but not limited, executing and delivering all agreements and documents contemplated by such documents.
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
11/12-24 Agreement with State of Connecticut/Route 44 Maintenance
The Town Manager reported that this item brings to conclusion a long term project on Route 44. What this agreement does is to set up expectations between Town and the State with respect to the landscape median that runs a good part of the length. We have had multiple discussions with the State about the maintenance of that landscaped median. In spite of our best efforts we could not convince the State to accept the maintenance. As hard as we pushed their answer was that this is something that they don’t do. The agreement we reached with the State was they would assist us in obtaining an encroachment permit, and they are going to provide the traffic signage that corresponds with the encroachment permit. The traffic signage is considerable and has a value of about $12,000 and
they are willing to purchase that for us and we will keep at the Public Works garage but in terms of providing any kind of maintenance, providing police coverage for traffic control they are not willing to do that. This will come up as part of the 2013 budget and I have some preliminary estimates on what a maintenance contract would look like. I am bringing this before Council for authorization before I execute it. Rather than a legally-binding contract, it expresses the intentions of both the State and Town with respect to maintenance of this.
Mr. Pena questioned whether the area of the run away ramp is part of our responsibility for plantings? The Town Manager replied that this just deals with the median. The area around of the ramp is private property.
Adam Lazinski - Deepwood Drive – I think every resident of Avon has been able to watch the project develop. Professionally as a police officer I have had a lot of time up there watching the construction. The figure that I have gotten from the consulting engineers that the landscaping was upwards of a million dollars, I don’t know whether that is accurate of not, but that million dollars come from me as a state taxpayer. Now we are talking about how we have to allocate town taxes to maintain a median that no one wants to maintain. I think we all knew it was going go to weeds without proper maintenance maybe my tax dollars can go to more important issues such as heat exchangers for Roaring Brook School or other capital infrastructures. We see what the State does - these medians go to weeds
maybe it was not wise to insist upon such a landscaped median. That is my personal opinion. Thank you.
Mr. Ehrhardt – Avon Woods Apartments – He questioned whether it is normal that the State allow a town to take over maintenance of their property and does this happen in other places. Mr. Shea replied that they told us it was ours, and the Town Manager replied it does. He further reported that we did extensive research on this and there is no other similar situation where a town has this landscaped median that the State has taken over the responsibility. If we could have come up with any examples it would have helped us in our discussions with the State.
Chris May – Avondale Drive - what type of liability does the Town of Avon have regarding that median if an accident occurs similar to the terrible accident we had a few years back – does Avon when it takes over the landscaping is the liability or is it the State’s liability? The responsibility if a car runs into the median and plantings are destroyed would that be the Town’s responsibility. Mrs. Samul reported that was not designed by the Town – there were a couple of things about the cable system - not if a truck is going at a high rate of speed but I expect that cable will restrain but a large number of those accidents that were really cars coming down and going over the middle and hitting an oncoming car or spinning around and getting clipped from behind. That
cable and the pitch of the rocks in that median are designed not to let an automobile cross but grab it and bring it down not to bounce off, not like a jersey barrier. There were industry discussions about what that should look like between the State and the Planner when that was designed and discussed. The Planning and Zoning felt that it was important to the Town to have a pleasant gateway into the community. The plants are designed to eventually take over and crowd out the ability for the weeds to grow, so that maintenance should be minimal. Are people still going to throw out a coffee cup? Absolutely! Speaking as one Council person - I want to maintain the area without excessive affect on real estate taxes.
The Town Attorney Dwight Johnson, who was attending the meeting responded: “The agreement defied median for the purposes of the Town’s maintenance responsibility only to plantings and the agreement also provides that the Town has no responsibility for the structure. Failure of the cable or other problems that caused an accident the town would not be responsible.
Mr. Evans raised the questioned if the weeds got so large and we do not do a thing and the weeds cause obstruction to a driver in some respect which causes an accident does the town have liability for its failure to have maintained the landscaped median. Attorney Johnson stated that could be a problem but I am certain that the town is not going to allow trees to grow there overhanging the roadway that would create that problem.
Kathy Zirolli - 76 Tamara Circle - did I understand correctly that the Planning and Zoning had the responsibility in deciding what we needed there. Mrs. Samul replied that the Planning and Zoning worked with the State on that whole development. Mrs. Zirolli questioned now going forward is it going to become a budget issue who would be making recommendations to do the aesthetic or beautification required such as nice colored rocks. Mrs. Samul replied that the Town Council maintains Town property – that is not Town property but that would fall under our agreement and the Planning and Zoning would not be responsible any more then putting up the decorative lamps along the Village.
Mr. Pena questioned the replacing of the trees and shrubs there are some dead now, who will replace them. The Town Manager reported we have one replacement and that expires in November. Mr. Pena questioned if we have to replace them at that time or can we wait for the Spring The Town Manager replied the plants that have died will be replaced in November, but I can check on that but I think the plan is for plants that have died to have them replaced at the end of October/November. Mr. Pena replied that to replace plants that have died and to replace in the fall and have to go back in the spring because they did not weather the winter we have thrown away tax dollars – that may be moot. The Town Manager reported the town retained a landscape architect and they vetted those plantings carefully to make
certain they were choosing hardy plants and there have been some surprises that we had as many failures.
Mr. Shea reported from this Council perspective I think this Council and all future Councils that come will wrestle with the maintenance issue. The good news is that it is not a high end budget item, but I am concerned and this Council that it is a gateway to this community and concerned about the aesthetic. It is some thing we want to take care of to the best of our ability and we have reviewed the agreement. The Town Manager reported we had discussions with the State, there are some State Officials that have been involved since its inception and as we talked about the maintenance requirements and how they could help us out and you may recall they reminded us of discussions about jersey barriers.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the Agreement with the State of Connecticut regarding Route 44 median maintenance and authorize the Town Manager to sign the same.
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
11/12-25 Road Acceptances
a. Weatherstone 0.13 miles
b. Northington Drive 0.34
c. Linden Lane 0.08
d. Terrys Ridge 0.10
Total Road miles to be accepted 0.65
The Town Manager reported that the developer of Avonridge has requested acceptance of the above roads and related infrastructure.
On a motion made by Mrs. Samul, seconded by Mr. Pena it was voted:
RESOLVED: That the Town Council accepts into the Town’s highway system the following roads as recommended by the Town Engineer that all legal instruments to convey title to the roads have been review and found to be acceptable .
Street Name Linear feet Miles
Weatherstone 700 .13
Northington Drive l,800 .34
Linden Lane 400 .08
Terrys Ridge 500 .10
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
Town Manager’s Report/Miscellaneous
The Town Manger reported that he received an invitation today from Hartford Hospital Family Medical Center regarding their grand opening scheduled for October 15th. They extended an invitation to the members of the Town Council. He reported that Steve Kushner reported that they expect to issue a temporary Certificate of Occupancy next week, and the project is going very nicely. The Town Manager further reported the Route 44/Fresh Market is moving along – the steel is up and they are working hard on their site work. We are anticipating the Fresh Market is going to open sometime in February barring any complications. They will get the steel closed up before winter, and then they will bring another team in – that will be the Fresh Market design team to actually do the interior design
work.
MISC. A: Purchasing Update
The Town Manager reported back during the budget process I called to your attention and the Council had a brief discussion about the need to look at the situation with the Town’s Auditors. I raised this at the last Board of Finance meeting and they are going to discuss this at their next meeting and what we need to do, if there is a decision to go for an RFP for Auditing Services we want to get that process going in December and have it wrapped up in January. This will provide an adequate transition time if there is a change in firms to be on board the following July. Mr. Evans questioned if Blum Shapiro qualifies because they have served so long, would they be considered? The Town Manager reported they would be considered. One of issues you find in public auditing is that there are so few
firms that do municipal auditing. Right now there are only three big firms that do it that I know of it. Mr. Evans questioned whether you wanted fresh new eyes to come in. The Manager reported that we will go out with a RFP – it is a professional service, and you don’t necessarily have to pick the low bid so I am sure that would enter into the equation especially if the present firm came in with a lower bid.
MISC. B: Construction Update
The Town Manager reported the big story continues to be the Library. A couple of items that came up that you ought to know about. We are coming up on the transition period where we going to have an approximate three week shut down while they move things around internally. We anticipate the shut down is going to run from the end of October thru mid-November. We are going to take care of all the notices so that the patrons are advised well before hand so they can make arrangements for any inconveniences. The landscaping on the site work is going to start mid-month. There is a Library Committee Meeting scheduled for tomorrow morning and there are a couple of issues on their agenda that they are going to talk about in conjunction with the Architect and town staff. One of the issues
coming up, is moisture levels in the concrete. We are dealing with poured slabs that were poured in May and June, and we had a couple of humid weeks and some of moisture has not evaporated as we anticipated. The CM and the Architect are all up to speed and they are going to be talking to the Committee regarding some of the options. Mrs. Samul questioned is this the basement concrete? The Town Manager responded it is Levels 1, 2 &3. Another issue if you can visualize the facade where the roof comes together and created a bit of a flume design flaw which causes the water to cascade down into the book drop area which is located directly under it and they are going to be talking about some solutions to that. We have arrived at the half-way point on the project. We have submitted the material and we hope to get our 50% reimbursement Grant and it looks like everything is in good order and they are reviewing the paperwork now. We are having a
BAN sale for the Library project coming up on October 20th and we will be going out to renew a $7,000,000 note of temporary financing for the Library and the official statement has been completed and it has already hit the market and we are hoping for a very competitive sale. We got a favorable rate last time and we also got a premium. The bond sale will be late 2012 or early 2013.
The Town Manager reported there is major construction going on the Haynes Road Sewer Project and immediately adjacent on West Avon Road. The WPAC approved the sewer permit agreements between the Town, the Developer and the Avon Health Center and that is all signed and executed.. There is one more agreement that is still under consideration that I will be signing off on, that is the acquisition agreement. What is holding that up is on West Avon Road in front of Avon Health Center when they determined they initially were going to bore under West Avon Road and in their preliminary testing they found there is ledge, and they can not get through. They are going back to their original plans to move up West Avon Road, but before they can settle that, they cannot complete the language on the map that is
attached to the agreement. There is a fair amount of inconvenience on that road now, the gas, sewers and the water company. The Town Engineering staff is very sensitive to the inconvenience to the residents and we are trying to do as much outreaching to the residents to keep the folks up to date as we can. We are also requesting the utilities to do the same.
He reported the Huckleberry Hill Water Project is another fairly extensive project. This is the Connecticut Water Co.’s project and it is to replace water lines running from the Unionville Center all the way pass the Countryside Park. It has caused disruption for the residents – there have been frequent road closures. Engineering has been working with Ken Wassell from Connecticut Water Co. to make certain that the residents are kept informed. They should be completing their work by the end of November/December, and they will come back in the spring to make service reconnections, lawn restorations, pavement repairs and some driveway aprons. As destructive as it is it is important because those pipes are very old. He further reported that updates regarding road maintenance and
Avon Park South Trail extension are reported in your background information.
MISC. C: Farmington Valley Trails Council – Trail Fencing
The Town Manager reported several weeks ago he was approached by Mary Jean Gately from the Farmington Valley Trails Council and she had some concerns regarding the split rail fencing that is on the trail. Some of it is fairly dilapidated. She asked if the town had any money to deal with that and, of course, I reported that we did not have any budgeted. The Trails Council came up with the idea to do a matching program and they identified that they had $1300. in funds they had available. Discussions with Public Works they were able to scrape up some funds. It is the portion of the trail behind Healthtrax and the work will replace 26 posts and 80 rails. Total cost is $2600 and there is no official action for the Council to take because the Trails Council is going to pay the vendor
directly, and we have funds to cover our share. It is a very nice thing we will be able to complete at half the cost and the work will be done by mid-October.
MISC. D: Avon Middle School Tennis Courts
The Town Manager reported that he attached the most recent correspondence sent to the USTA. We are waiting for a determination regarding the grant prior to any further activity on this project.
MISC. E: Economic Development Web-site and Brochure
The Town Manager reported at the last meeting there was some discussion regarding an Economic Development Brochure. I had a meeting with Nancy Anstey and she had some ideas and I have had Steve working on this. We will be able to give you a draft brochure shortly and what we are going to do is update the brochure and roll out an updated version on the website as it relates to Economic Development. We are looking at it realistically, such as the best practices from other towns as well as talking to economic development people and businesses to get their perspective as to what would be helpful for them to have. Mr. Pena questioned whether he or Nancy has reached out to the Chamber because it is a business organization? The Manager replied not yet, but we will be doing that, when we have a viable
template to circulate, we will shop it around at one of their meetings for distribution to all their members.
MISC. F: Referendum Advisory Question
That was discussed earlier in the meeting.
MISC. G: Old Farms Road Project Update
The Town Manager reported it is moving along but it is slow and I am pleased to report it is settling down and there is a Commissioner elect – I have sent him a letter requesting a meeting with him to bring him up-to-date on the status of the three projects, the bridge and the intersection as well, but mostly the road and get his thoughts and his buy-in with the project moving forward. At the CCC Convention yesterday which Phil Schenck attended, he was able to speak to the new Commissioner and talked to him about the importance of this project. I will be talking to the new Commissioner next week to see if we can go in and meet with him. We continue to coordinate closely with Avon Old Farms School and Ken Larocque will be invited as well. In terms of the status of the project we
are working with the regulatory agencies to get this environmental assessment scoped and completed and the reason we are spending so much time on this is because the environmental scope dovetails into the permit process. If the EA scope is not correct or we miss something we are sunk on the permits.
Mr. Pena questioned in reviewing some of the document language he could not determine if the bicycle pathways and provision for walkers is still in? I want to make sure that will be in the plans. He reported he had talked to Phil about it. It is very important to the community and safety as well. The Town Manager replied that will be addressed – open space and trails are very important components of this project.
MISC. H: Board of Finance Adoption of Gross Budgeting Policy
The Town Manager reported that the Board of Finance adopted a Gross Budgeting Policy as follow: ”Beginning with the Fiscal Year 2012/2013 Budget Requests, the Board of Finance requires that the Town Council and the Board of Education budget ‘gross’ for all expenditures and all sources of revenue, subject only to such exceptions on a limited basis as may be deemed necessary and appropriate and agreed upon by the Town and Board of Education and Finance Staffs, subject to Board of Finance approval.”
MISC. I: Caption Selection Update
The Town Manager reported we have completed the Assessment Center and the Chief and I have interviewed three finalists. I have issued a conditional offer of employment to one of the candidates. I don’t want to give the name just yet because the conditional offer needs to be accepted and once the conditional offer is accepted that is when we go into the background check process. We will be doing various background investigations, which will be extensive, because of the type of this position. Prior to the formal offer of employment that all needs to be done.
MISC. J: Police Department Training
The Town Manager reported he enclosed with the agenda a memo from Chief Rinaldo and Bill Vernile outlining several training and organizational development initiatives that have occurred in the Police Department recently.
MISC. K: Dispatch Consolidation Study
The Town Manager reported this has been previously discussed – the next step is going to be a kick-off meeting with the various stake holders at the staff level that are involved in this process. At the next meeting Chief Rinaldo will come in and be ready to get into some depth with the Council as to how it will roll out. I provided copies of the scope with your agenda, and he will walk you through it, on what we think will be the major questions. Mr. Shea reported the Council has been very supportive of this regional approach to this venture. There is a sense, however, that we have been discussing this for far too long, without getting into who is responsible for this delay, I think the Town of Avon has to take an assertive approach and try to look at how to get this done.
We have been at this for 10 years. Mr. Evans commented that the Town has been supportive of moving forward and learning more about consolidation of dispatching and how we continue to deliver proper service of dispatching. I am not sure we ever heard a plan that indicates what is going to happen and how this is going work, for instance, how is 911 going to impact different communities and continue to deliver the services expected of dispatching and I want to see it move to a presentation to see how it is going to work. The Town Manager reported thinking back 13 years he has had so many reiterations and my prognosis is that one of the reasons it has broken down is that there has not been a dedicated consultant that could really get into the details. What would happen in the past it would break down based on generalities such as, are we going to have a dark police station, we presently have people that handle records and if we consolidate the
Dispatch and don’t have those, will we have get more staff. The way we constructed this Contract with the Consultant is to get them to tell us where the pitfalls are, where the savings are, does the equipment become inoperative and what we are going to get from this regionalization. Mr. Pena reported what you mentioned is something we hear all the time- how do we handle a station that is dark and another thing is how we handle prisoner transportation and we have not gotten that information. The Town Manager reported this is the type of detail that this Consultant will get into.
MISC. L: Fisher Meadows Fields Development
The Town Manager reported this is an update in your background information by Glenn Marston regarding Fisher Meadows Field Development Project.
Mr. Pena questioned regarding the Referendum Advisory question is that going back to the Board of Finance? Mr. Shea replied that has already gone back and they have taken it under advisement. It is their responsibility and they have heard the question and they just considered it at their last meeting and they are discussing it. Mr. Pena requested that Mr. Ehrardt’s comments of this meeting be forwarded to the Board of Finance.
IX. EXECUTIVE SESSION: Pending Claim – Heart and Hypertension
On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council go into Executive Session at 8:55 p.m.
Mrs. Samul, Messrs: Evans, Pena and Shea voted in favor.
The Town Manager, Assistant Town Manager, Town Attorney Johnson, Mike Harrington and the Clerk attended the Executive Session.
On a motion made by Mr. Shea, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council come out of Executive Session at 9:45 p.m.
Mrs. Samul, Messrs: Evans, Pena and Mr. Shea voted in favor.
XI. ADJOURN
The meeting was adjourned at 9:45 p.m.
Attest:
Caroline B. LaMonica, Clerk
| 
