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Town Council Minutes 01/05/2012
AVON TOWN COUNCIL
MEETING MINUTES
January 5, 2012


I.          OATH OF OFFICE

The Town Clerk gave the oath of office to the members of the Town Council, Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May.

II.     CALL TO ORDER

The Town Clerk called the meeting to order at 7:30 p.m. at the Avon Town Hall, in the Selectmen's Chamber.

III.    NOMINATIONS AND ELECTION OF COUNCIL CHAIR

The Town Clerk called for nominations for election of Council Chair.

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council elect Mark Zacchio as Council Chairman.
Mrs. Samul, Messrs: Pena, Evans, and May voted in favor.  Mr. Zacchio abstained.

Chairman Zacchio thanked the Town Council members for their vote of confidence and welcomed members to another two years on the Council.  He also welcomed Chris May as their new member.

IV.       PUBLIC HEARING

11/12-36       Accept .09 Acre Open Space Parcel (9 Saddle Ridge Drive) in the
                    Bridgewater Subdivision

The Public Hearing was called to order at 7:30 p.m. by Chairman Zacchio, and the legal notice reads as follows:
"NOTICE OF PUBLIC HEARING
TOWN OF AVON

Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, January 5th, 2012 at 7:30 p.m. in the Selectmen’s Chamber, 60 West Main Street, Avon, Connecticut for the following purpose:
To accept a certain piece of parcel of land designated as “Parcel #6210009 Area = 4,003 sq. ft. 0.09 acres To Be Conveyed to Town of Avon” on a map entitled “Subdivision Plan Bridgewater Estates – Phase VI Property of The Silvio Brighenti Family, L.L.C. of Avon, Connecticut Northington Drive Avon, Connecticut Scale 1”= 40’ Date Mar., 2004 Sheet 2 of 3, which map is on file in the Avon Land Records.
Dated at Avon, Connecticut this 15th day of December 2011.
Brandon Robertson, Town Manager"
Chairman Zacchio reported that this public hearing was not on Council’s agenda as protocol we generally place the public hearing notice in the newspaper early but there is a timing issue with this item.  He reported that there is a Planning and Zoning ruling for approval of application for a small piece of property in the Bridgewater development that will provide two things for the Town: one is access to the trails system that comes up through the Found Land and that area and second it will provide access for sewers.  He noted that as a matter of a Planning and Zoning application and approval process and the last part of this process the Town has to accept this piece of property.

Mr. Evans asked if this was a condition of approval by Planning and Zoning.  The Town Manager responded yes, when the subdivision was approved in 2004 this was one of the conditions of approval.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council close the Public Hearing.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council accept a certain piece of parcel of land designated as “Parcel #6210009 Area = 4,003 sq. ft. 0.09 acres To Be Conveyed to Town of Avon” on a map entitled “Subdivision Plan Bridgewater Estates – Phase VI Property of The Silvio Brighenti Family, L.L.C. of Avon, Connecticut Northington Drive Avon, Connecticut Scale 1”= 40’ Date Mar., 2004 Sheet 2 of 3, which map is on file in the Avon Land Records.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

V.       MINUTES OF PRECEDING MEETING:    November 4, 2011 Special Meeting
                                                                                     November 9, 2011 Special Meeting
                                                                                     November 15, 2011 Regular Meeting
                                                                                     November 16, 2011 Special Meeting
                                                                                     November 23, 2011 Special Meeting
                                                                                     December 1, 2011 Regular Meeting

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council accept the minutes of the November 4, 2011 Special Meeting, November 9, 2011 Special Meeting, and November 15, 2011 Special Meeting as submitted.
Mrs. Samul, Messrs: Zacchio, Evans, and Pena voted in favor.  Mr. May abstained.

Mrs. Samul noted a couple of typos, non-substantial comments, which she would discuss with the Clerk.

On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council table the minutes from the November 16, 2011 Special Meeting, November 23, 2011 Special Meeting and December 1, 2011 Regular Meeting to the February 2, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

VI.       COMMUNICATION FROM AUDIENCE - None

VII.     COMMUNICATION FROM COUNCIL

Mr. Pena welcomed Chris May to the Council and look forward to working with him.

Mr. Evans reported that he had the occasion in December to attend the official Town candle lighting of the Menorah with Rabbi Samuels and it was a nice evening; and thanks to Mrs. Samul who had previously represented the Council.

Mrs. Samul referenced a letter of appreciation going out to the Valley Community Baptist Church.  She reported that on a Saturday in November after our October storm approximately one hundred of their parishioners went down the Rails to Trails picking up debris and trash, etc.  It was very nice of them and she is glad the letter went out.

Mr. May noted the letters of appreciation of the Council as they handled the October storm; several residents very appreciative of all the work done.

Chairman Zacchio also noted with regards to the handling of the October storm that we are appreciative of the work done by Town staff as well; we had such a great group of people working including the Emergency Operations Team staff, the Town Manager, the Assistant Town Manager, and others who worked 24/7 and coordinated a lot of the response from local leaders including the Council Chairman to get action.  He also saw a lot of good feedback from it so we did a good job there.  He added that CRCOG is looking at a consolidated storm response survey and he is interested in seeing how Avon sits in that group of folks from a pricing perspective.  The Town Manager responded that he would be sure to share the survey responses with Council.

VIII.      OLD BUSINESS

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

On a motion made by Mr. Pena, seconded by Mr. Zacchio, it was voted:
RESOLVED:  That the Town Council appoint Candice Chirgotis to the Wild & Scenic River Study Committee with a term ending December 31, 2013.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

11/12-06        FY 12/13 Budget: Town Council Budget Workshop Schedule:
                Recommended Date: Saturday, February 11, 2012, at 8:00 a.m.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:   That the Town Council approve the Budget Workshop Schedule for Saturday,  
                          February 11, 2012 at 8:00 a.m. in the Selectmen's Chamber as follows:
                         8:00 a.m.       Budget Overview
                         8:20 a.m.       Library
                         8:40 a.m.       Fire Department
                         9:00 a.m.       Police Department
                         9:25 a.m.       Break
                         9:40 a.m.       Public Works
                       10:10 a.m.       General Government
                       10:30 a.m.       Public Safety (except Fire and Police)
                       10:50 a.m.       Health /Social Services
                       11:10 a.m.       Recreation & Parks
                       11:30 a.m.       Conservation & Development
                       11:50 a.m.       Lunch
                       12:20 p.m.       Engineering / Sewers
                        12:40 p.m.       Special Revenue funds / Capital Improvement Program
                         1:00 p.m.       Adjustments, wrap-up -Adjourn
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.               

11/12-19        Request for a Supplemental Appropriation-Board of Education

Chairman Zacchio reported that a few months ago there was an issue with the roof top heating units at Roaring Brook School; the Board of Education in concert with their maintenance staff as well as the Town Engineer, Fire Marshal, and CIRMA did a very thorough inspection of the units and found that there were a number of problems with them including some holes in the pipes leading to the roof top units that could cause carbon monoxide poisoning so as such the Board of Education needed to take immediate measures to replace those units to be assured they have heat for the season and did so out of their operating budget.  He noted that this supplemental appropriation is a request of the Council to make whole their operating budget through other means.  We have tabled this item a number of times because of the storm and the question around what the costs in total would have been around the storm and where we might be able to come up with those funds and chose to delay this until now.  He commented that the Town Manager’s recommendation is one that he would concur with is to use $78,885 out of a boiler fund that Council originally had put through a capital project last year when we had grave concerns that we would replace a boiler at the High School that was approximately 50% of what we estimated the cost to be; since that time it does not seem to be in emanate danger of failure so this is a like use of funds, not only is it CIP money that was intended to be used for the Board of Education but it is also a like use in terms of being for a heating unit at one of the schools.

Mr. Evans asked what the alternative approach would be if we did not take it from the boiler CIP fund.  The Town Manager responded that an alternative approach would be to wait; the Board of Education operating budget has already sustained the expenditure and we can perhaps take care of it as an end-of-year transfer for FY 11/12.  He added that in terms of other funding sources there are other options including a supplemental appropriation from fund balance which he would not recommend.  Mr. Evans asked if this approach is the best from a perspective of maintaining our Aaa bond rating.  The Town Manager responded yes and it is primarily for that reason that he would not recommend an appropriation from undesignated fund balance; the approach of letting the fiscal year play out has no impact on ratings or fund balance but this is also a good solution to it.  He added that it is a like project and gets it cleaned up now.  Mr. Evans asked if there is a sense that the Board of Finance would approve of this approach.  Chairman Zacchio responded that he does as he has spoken to a few Board of Finance members and they seem to concur.

Mr. Pena commented that he thought that in the past we did wait until the end of the year and let it balance out.  Chairman Zacchio responded that we could as it is one of the options but it leaves the Board of Education’s budget not whole and you can spend time capturing that overbalance but in this case because we had dollars already encumbered in CIP for like use it made sense to do that.  He added that one of the issues that this brings to the table and something he asked Town staff to get with the Board of Education staff is while these units were in a CIP budget in the 10-year plan at some level this seems to be a too often of an occurrence with either an air conditioning unit break, boiler issue, or roof top unit issue, and it does not seem like there is a maintenance issue more than there is an inspection issue.  He asked if there is a way for us to get in front of these so these occurrences are fewer than we have seen in the last few years.  He noted that these units clearly were at a failure rate that could have caused danger to students and staff.  He would like to see some kind of a plan between the Town and Board of Education on inspections to try and stay in front of these, especially for units that can cause some harm.

Mr. Pena asked about the balance of the $362,000.  The Town Manager responded that amount will remain in the capital projects fund.

Mr. May asked regarding the boiler if we take the money from one thing to give to another the boiler was earmarked to replace at some point and what happens to that project.  Chairman Zacchio responded that typically what happened was there was a report of an emanate failure with the boiler so as a reaction the Council put into the CIP budget last year 50% of the estimated replacement cost and would be putting the other half in this year.  Mr. May asked what happened in the history to justify that.  Chairman Zacchio responded that what we found during the renovations at the high school, not this last renovation but the one prior to that, there was a coupler that would take load off one and balances it better that coupler had never been properly installed so we made a number of changes to the boiler system and had a number of inspections done and we are feeling more confident that it will not have to be replaced in the immediate future.  He added that it gives thought to funding the other boiler units over a number of years and planning for them in a different way than we have.  Mr. May responded that it would be wise to plan ahead and start a fund for that purpose.  Chairman Zacchio noted that this specific fund will stay with a balance earmarked for boiler replacement.

The Town Manager noted that will leave a balance of approximately $283,000.  He added that as part of the review of the high school boiler when it was determined that a full scale replacement was not required there were some smaller improvements that were recommended and have a cost of approximately $25,000 and it is possible at some point coming back to Council with a request to advise an expenditure of the remaining $283,000 in that boiler replacement account for those improvements.  Chairman Zacchio commented that in a perfect world to Mr. May’s point his thinking is right on target, but what happens there is a limited ceiling in the capital budget each year and it becomes a question of priorities.

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 11/12 budget by transferring from Capital Projects Fund (Facil & Equip), BOE CIP-Facilities, AHS Boiler Replacement, Account #02-4859-53100 to Capital Projects Fund (Facil & Equip), BOE CIP-Facilities, RBS HVAC RTU Replacement, Account #02-4859-53102 in the amount of $78,885.00 for the purpose of reimbursing the Board of Education operating budget for the unplanned and unbudgeted expense of replacing the “Roof Top Units” at Roaring Brook School.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

IX.        NEW BUSINESS

11/12-37        Appointments

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Carol K. Griffin, Linda H. Keith and Peter Mahoney, for a four-year term on the Planning and Zoning Commission and table the reappointment of Douglas C. Thompson to the February 2, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Donald Bonner, Chris Gackstatter, and Elaine G. Primeau for a two-year term as alternate members on the Planning and Zoning Commission.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Michael R. Beauchamp, Diane Carney, and Louis N. Usich III for a four-year term on the Inland Wetlands Commission.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Robert H. Breckinridge, Jr. and Mary C. Harrop for a four-term on the Natural Resources Commission and table the reappointment of Steven P. Samul to the February 2, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Donald R. Droppo, Jr., David A. Jadovich, Paul Marioni, Peter J. Ponziani, Peggy J. Roell, Kathy L. Thompson, and Michael F. Trick for a two-year term on the Recreation & Park Committee.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Thomas Armstrong and Eric C. Johansen for a four-year term on the Water Pollution Control Authority.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Thomas C. McNeill, Jr. and Robert M. Paine for a four-year term as alternate members on the Zoning Board of Appeals and table the reappointment of Maria Mozzicato to the February 2, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint William L. Brown, James H. Eacott, III, William A. Ferrigno, Dana Hinman, and Paul C. Magro for a four-year term on the Building Code Board of Appeals.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council appoint Dwight A. Johnson for a two-year term as Town Attorney.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Murtha Cullina LLC for a two-year term as Assistant Town Attorney.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council appoint James R. McCarthy for a two-year term as Town Treasurer.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Bank of America, TD Bank NA, Citizen’s Bank, Connecticut State Treasury’s Short-Term Investment Fund (STIF), Farmington Bank, Municipal Investors Service Corporation (MBIA-Class for CT), Northwest Community Bank, People’s United Bank, Reich & Tang L.P. (TEPF), Simsbury Bank & Trust Co., Sovereign Bank, and Webster Bank for a two-year term as the Town’s Depository of Town Funds.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council appoint USI for a two-year term as the Town’s Insurance Agent of Record.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council appoint Mark Rinaldo, Police Chief for a two-year term on the North Central EMS.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Lawrence Baril – Transportation, Richard W. Hines – Community Development, Alan Rosenberg – Housing Committee, and Brandon Robertson – Municipal Services for a two-year term as CRCOG Committee Representatives.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Linda H. Keith – Town Council Representative and David M. Cappello – Alternate for a two-year term on the CRCOG Regional Planning Commission.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Mark W. Zacchio – Member, Richard W. Hines – Alternate, Diane S. Hornaday – Alternate, and Brandon Robertson – Alternate for a two-year term on the CRCOG Policy Board.
Mrs. Samul, Messrs: Evans, Pena, and May voted in favor.  Mr. Zacchio abstained.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council appoint Mark Rinaldo, Police Chief as Town Council Representative for a two-year term on the CRCOG Public Safety Council.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Elaine G. Primeau for a two-year term on the Plainville Area CATV Advisory Council (PACTAC), table the reappointment of Rosalie Renfrew, and table a Board of Education vacancy to the February 2, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Nancy Weiner-Anstey for a two-year term on the Central Regional Tourism District.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Mark. W. Zacchio – Member and Brandon Robertson – Alternate for a two-year term on the Connecticut Conference of Municipalities Legislative Committee.
Mrs. Samul, Messrs: Evans, Pena, and May voted in favor.  Mr. Zacchio abstained.

On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Marisa Walls for a two-year term to the North Central Regional Mental Health Board.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Monte J. Hopper and Robert M. Propiescus, Jr. for a two-year term as Town Constables.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council appoint Ebbe C. Blomstrand – Lakeview, Anona A. Broadman – Senior Citizens, Mary C. Harrop – VNA, David Bourgard – Avon Volunteer Fire Department, and Jean Dellamarggio – Secret Lake for a two-year term as Town Council Representatives.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council appoint the Farmington Valley Health District – Avon Health Department, Richard H. Matheny, Jr., MPH Director, Brandon Robertson – Town Council Representative, and Maura Shea – Town Council Representative for a two-year term with the Farmington Valley Health District.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council appoint Alan Rosenberg for a two-year term as the Town’s Municipal Agent for the Elderly.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Henry E. Spring for a two-year term on the Wild & Scenic River Study Committee and table the vacancy to the February 2, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Vernetta Jefferson – Parent/Community Member, Maria Mozzicato – Parent/Community Member, Lori Stanczyc – Parent/Community Member, Kim Pikor – Youth Service Professional, Harrison Stanczyc – Student Advisor, Marco Famiglietti – School Representative, and Mark Rinaldo- Police Chief for a two-year term on the Youth Services Advisory Board.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Lisa Levin, Brian Glenn, Martin Kaplan, Bernard J. Zahren, Giorgina Paiella – Student Advisor, Diane Zhao – Student Advisor, Jonathan Craig – Advisory Member for a two-year term on the Avon Clean Energy Commission and table the reappointment of Jeffrey Bernetich, vacancy (R), and vacancy (D) to the February 2, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Evans, seconded by Mrs. Samul, it was voted:
RESOLVED:  That the Town Council appoint Adam Lazinsk and Martin Kaplan for a two-year term on the Canton Hydro Project Advisory Committee.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

11/12-38                Contract Extensions requiring Town Council approval:
  • Insurance Agent of Record – USI
  • Health & Welfare Benefits Consultant – Milliman
Chairman Zacchio reported that USI and Milliman are under contract that allows us to extend, based on Town staff recommendation and past performance, for another two years instead of going to RFP again which in 2014 we would have to do.

The Town Manager reported the initial contracts for both of these consultants were appointed by Town Council in 2010.  He commented that Town staff is recommending a two-year extension to each contract.

Mr. Evans asked about the allocation between the Town and Board of Education, 60% vs. 40%, and it being different for each contract, in particular with USI.  The Town Manager responded that in terms of the value of the coverage he would have to look at the riders; there is going to be expensive coverage out there for Public Works and Police so it is done as a percentage of the exposure that is one way of looking at it.  Mr. Evans commented that some analysis went into looking at the Board of Education buildings, employees, and all the things that comprise and made up of insurable components and someone made a determination that 60% was more allocated to the Town versus 40% to the Board of Education.  The Town Manager responded yes; it goes back to the initial contracts with USI and Milliman.

Chairman Zacchio noted a slight increase in costs for year three and year four options of approximately $1,000 on the USI contract extension and a $2,000 rider on Milliman’s contract extension.  He asked if we feel like we are getting the right rates and that staff is comfortable with where we are instead of going to RFP.  The Town Manager responded yes, we have talked about the rate increases and they were discussed as part of the initial contract therefore it is very difficult to project out four years but staff is in agreement with those.  He added that for both of these consultants there is a lot of value that is added to their service; we have frequent discussions with them.  He noted that Steve May with Milliman is involved with the Health Insurance Sub-Committee and with USI when we get into the budgeting process there is a lot of analysis that we ask for from them and both have been very responsive and very good to work with.

Mr. Evans asked if either of these brokers earn a commission on the insurance that they carry for the Town.  The Town Manager responded no and that is an important element of the consulting agreements, it is a flat fee.  Mr. Evans asked if this is all that they get.  The Town Manager responded yes, that they are independent and it is an important feature.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council approves the contract extensions for USI and Milliman with a term to be continued a further two (2) years to January 2014.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

11/12-39        Resignation: Avon Clean Energy Commission (R – 12/31/2011)

On a motion made by Mrs. Samul, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council accept with regret the resignation of Linda Meyers from the Avon Clean Energy Commission.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

11/12-40        Approve Resolution: Emergency Management Performance Grant
                for Federal Fiscal Year 2012

The Town Manager reported that this a housekeeping item due to the recent reorganization of State agencies as the stand alone Department of Emergency Management Homeland and Security is now a division of the State of Connecticut Department of Emergency Services in Public Protection.  He added that this is a grant program, the funds are pass-through to the State and come from FEMA, and the towns apply for them.  He reported that we have participated in the program for seven years and approximately $8,700 a year that we receive through the program and using it for various equipment and staff time specifically for emergency management and fire protection.

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 Services and Public Protection including the Division of Emergency Management and Homeland Security any and all documents which it deems to be necessary or 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 to do and perform all acts and things which he/she deems to be necessary or appropriate to carry out the terms of such documents.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

11/12-41        Waggin 4 Wheels Donation to the Avon Police Department (Animal Control),
                $18,398.91
a.  Purchasing Policy Waiver
b.  Acceptance of Gift
c.  Supplemental Appropriation

Chairman Zacchio reported that we are so pleased tonight to have Waggin 4 Wheels coming to us with a donation for a new Animal Control vehicle which was sorely needed.  He remembers when Council accepted the van that has been driven as a gift some years ago and really have made do with a very difficult situation for a long time along with support from the Police Department with cruisers.  He noted this project is the essence of a small community that comes together and sees a need and finds a way to do it and raises 100% of the funds for it; it really has not happened many times and his hats off to all for the hard work put in.  He thanked the Avon Police Department, the Canton Police Department, and Animal Control Officers Beverly LaPlume for working so hard on it, and Miller Foods and Capri Frank, and the whole group.  He noted that there were so many different fundraising drives that happened, a lot of volunteers involved with that, and Mitchell Auto as well for finding a way to supply a vehicle at near cost.

Chief Rinaldo introduced the department’s new police captain, Jeff Blatter.  He thanked Miller Foods and everybody who did an excellent job; a lot of this fundraising effort would not have been made possible without the great work of Animal Control Officer Beverly LaPlume as she is out in the community and doing a fantastic job.

Capri Frank, chair of the fundraising committee, thanked everyone; she really got to know a lot of people during this process.  She noted that she is part of a family business here in Avon called Miller Foods and one of the things that she strongly believes in is community engagement and this is a great example of what communities do.  She added this small community banded together and able to accomplish a goal to help the community at large.  She added that Animal Control Officer Beverly LaPlume does a lot for the community and people really care about their animals and it means a lot to have someone in the community that cares as much as she does and we know that in these types of budget times where these kinds of expenses are not possible for small towns and there are groups of people that come together.  She noted that Jill with Mitchell Auto Group was also a great part of this.  She noted that Chief Rinaldo has supported it, appreciates it along with his staff, and said thank you and appreciates Council for all that they do for our Town and nice welcome to Dr. May.

On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED:  That the Town Council waive the bidding requirement for this purchase as written in Section XI.4 of the Purchasing Policy.
Mrs. Samul, Messrs:  Zacchio, Evans, Pena, and May voted in favor.

On a motion made by Mr. Zacchio, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council, on behalf of the Town of Avon, accept the gift from the Waggin 4 Wheels fundraising committee of $18,398.91.
Mrs. Samul, Messrs:  Zacchio, Evans, Pena, and May voted in favor.

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 11/12 Budget by increasing:
REVENUES
General Fund, Other Local Revenues, Donations & Grants, Private Sources, Account #01-0360-43651 in the amount of $18,398.91 and General Fund, Other Local Revenues, Sale of Property, Account # 01-0360-43911 in the amount of $ 601.09
and increasing
APPROPRIATIONS
General Fund, Canine Control, Vehicles, Account #01-2503-53311 in the amount of $19,000 for the purpose of purchasing a new Animal Control service vehicle.
Mrs. Samul, Messrs: Zacchio, Evans, Shea, and May voted in favor.

X.         TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A:   Purchasing Update:  The Town Manager reported that our internal staff, IT Committee, has been working on the Internet Service Provider item.  He noted that AT&T is pressuring us to increase our bandwidth.  Currently the Town campus is served by a T1 line that allows for approximately 1.5 Mbps of information to flow and told that is a very small bandwidth for the kinds of applications that we are running.  He commented that a few years ago that was considered state of the art but as we have continued to increase software usage with Novatime, ADMINS, and especially our GIS system.  He reported that the IT Committee has recommended that we upgrade to 10 Mbps which means going to fiber.  He noted that we went through a bid process and identified a company called Fibertech and well known entity of Connecticut and doing a lot of work for the State of Connecticut.  He added that it is slightly more expensive per month but the issue is that we are looking at an approximate 30% increase from AT&T effective January 1st for them to continue and maintain the T1 connections that we currently have.  In light of that, even though it is slightly more per month in terms of a fee it is exponentially more bandwidth.  He reported that the cost is approximately $8,000 per year with a four-year contract.  He is comfortable with the IT Committee’s recommendation.  Mr. Evans asked about the Mbps and if that is the actual speed of using internet related products and will go up almost ten times.  The Town Manager responded that how much faster it seems to the user is hard to say but what will not happen is now some of our users internally get kicked off the system and things get hung up and this increase in bandwidth will eliminate those types of problems.  Mr. May asked if staff has considered satellite.  The Town Manager responded that with satellite you need a clear shot; in the long run what we would like to do is continue to spread out the fiber network; even though this gets the Town Hall campus onto fiber, Public Works and the Library continue to get on these T1 lines.  He noted that they do not have anywhere near the amount of users that Town Hall has but what we would be looking to do and we already have the conduit in to do this up Security Drive is to do point to point connections between Public Works and the Town Hall and possibly run a fiber line up Country Club Road to the Library.  Chairman Zacchio asked if we ran a T1 line up to Public Works a few years ago.  The Town Manager responded yes and we did the conduit at the same time for the future.  He noted that at the time we did not have any connectivity to Public Works at all and it was needed.  He added that generally we are behind in technology.  He thinks we want to start utilizing online services so the bandwidth will help there as well.  Mr. Pena asked if there is new cable to be installed.  The Town Manager responded no.

The Town Manager reported there will be a lot of purchasing activity as we head into the spring.

Mr. Pena commented that we have a lot of private information regarding employee social security numbers, etc.  He asked if that information is secured and encrypted when we send it or store it and not easy access.  The Town Manager responded that we use standard keying encryption in terms of our data processing and we do have all of the fire walls in place as he gets very little spam.  Mr. Pena confirmed the same process regarding credit card information.  The Town Manager responded yes.

Chairman Zacchio commented on bids for future activities and if there is any opportunity that the Town Manager can find to regionalize some of those bids, i.e. pool maintenance, printing services, etc.  He noted that we share a great number of services with Canton today.  He asked if there is any opportunity for better cost structures if we bond together with a few towns on an item.  Many towns have the same issue and we are all doing this independently and may be an opportunity for some savings on a bigger bid process if someone wants to be more aggressive on pricing if they pick up four projects versus one.  He commented that other towns are interested in doing that as discussed during Winter Storm Alfred and moving towards regionalization of services.  The Town Manager responded that he would share a copy of the contract list at the next Farmington Valley Collaborative meeting.

Misc. B:   Construction Update:  The Town Manager reported that the major project going on now is the Library and it continues to go along really smoothly.  He noted that we are twenty-seven days behind at this point and considering the weather and all of the other factors that intervened is not bad.  He reported that we are looking at a substantial completion in the middle of March.  He commented that the numbers are looking really good right now.  He reported that with contingency we have spent approximately 57% and we have a healthy balance there.  He added that in terms of construction dollars we have spent approximately 71% which is tracking where we would expect it to.  He reported that we did receive the first round of funding back from the State and will be getting another $400,000 shortly and $100,000 is due on completion of the project.  He reported that all of the remodeling work is done and we do not anticipate any other need to dip into contingency to any extent so the project should come in under budget.  He cannot say enough about the experience we have had with Enterprise Builders; the Building Committee is continuing to be very vigilant with reviewing the applications for payment and staff is spending a lot of time on the project and it shows in the administration.  Mr. Evans asked about the contingency and if it is owner or construction management.  The Assistant Town Manager responded that it is all the same.

The Town Manager noted that the Haynes Road sewer project and Huckleberry Hill water project have created a lot of upset as they were very invasive projects especially on Haynes Road as we had the debris collection going and the roads were torn up.  He noted that the Haynes Road project is done for the winter and a push at the last minute to be prepared for plowing.  He reported that they will be back in the spring to do some of the remediation work and an additional line to be installed.  He reported largely the same with Huckleberry Hill; in the spring they will be back to do remediation work.  Chairman Zacchio asked about final paving by DPW for the Haynes Road sewer project being tentatively scheduled to take place the summer of 2013.  The Assistant Town Manager responded yes.  He reported that according to the Director of Public Works once the work is done this coming summer they need the soils to settle out for a year before they put the paving in because if it happens right after you will see immediate cracks.

Misc. C:  Storm Debris-Final Report:  The Town Manager reported that in the end we collected approximately 180,000 cubic yards of debris which far exceeded the initial estimate of 100,000 cubic yards of debris.  He reported that the total cost was $2,563,730.  He noted that Council and Board of Finance approved two initial appropriations, approximately $1.4 million and $850,000.  He reported that as we did the final pass-throughs we ran short by a few days.  He reported that we funded the balance of the pick up in the cost of $236,000 through the operating budget and therefore the Public Works operating budget right now would be seen trending negative because of that $236,000 expenditure and will wash out through the year and we will see how the FEMA reimbursement comes and anticipate receiving it before the end of the fiscal year and a portion of that will be appropriated through a supplemental appropriation to make the budget whole.  Mr. Evans asked if the reimbursement from FEMA is at all conditional, assuming some portions of what we requested is allowable and some is not.  The Town Manager responded that it will all be allowable but the issue we have now and have had a number of FEMA compliance people onsite as we close out the project.  He noted that we were one of the first towns to get this completed so one of the first towns to have FEMA come out and review it.  He reported that some of the initial feedback that we are getting is that they are not sure that the trucks were not as full as we said they were.  He noted that FEMA may require, at the cost of not more $7,000, that when the material is trucked out it be monitored as well.  He commented that other than that it is straight forward and do not anticipate any issues with the reimbursement and that it does not require federal, congressional approval as there is enough of an earmark in the FEMA budget so that it is simply administrative and all of the approvals are in place so it is a matter of completing the FEMA inspections onsite, and getting the paperwork in.

Mrs. Samul asked if we have received FEMA reimbursement from Storm Irene.  The Town Manager responded no and the reason partially that we have not is that staff is continuing to talk with representatives from FEMA about a couple of the projects and there are really no hang-ups with it but those projects are much more unique than what this was.  He noted that this is like a garden variety brush collection and for the earlier storm we have the issue with the sewer pipe and other work, the run off issue from Deepwood Road onto New Road, which has been qualified for FEMA reimbursement and would be nice to hopefully take off the CIP but FEMA has a lot of questions about it.

Mrs. Samul asked if we are anticipating these chips to go to Dunning at this point.  The Town Manager responded yes; they have agreed to take the chips for a flat rate cost of $20,000 and will start very shortly.  Mrs. Samul asked if the chips will be available to any of our residents.  The Town Manager responded no; they are not really usable for anything and in order for them to be used for mulch or any commercial purpose they need to be treated again.

Mrs. Samul commented that one of the things we decided not to do with the debris was take it over to the landfill because of the capacity.  She asked if we should be thinking about applying now for a higher cap rate at the landfill for brush.  Chairman Zacchio asked if there would be a cost associated to do that; he mentioned $2 million to cap it.  The Town Manager responded that he would look into it.  Mrs. Samul asked if we could extend the life.  Chairman Zacchio commented that Mrs. Samul raises a good question and now that this has settled out, maybe look into what is the application process, what would be the cost of it, and whether or not we would extend it and how many feet in preparation for if we ever need to.  He noted that 25,000 cubic yards is fairly good amount of space barring a natural disaster like this.

Mr. Pena asked if FEMA is ready to go if we are prepared to start right away with verifying the tonnage leaving the MH Rhodes site.  The Town Manager responded that FEMA is ready.  Mrs. Samul asked if our original monitors would be doing this work.  The Town Manager responded yes.  Chairman Zacchio recalled a conversation early on even before we even signed up with Michael’s that FEMA required the counting of the debris on its way in hence why we built the tower and trained people to do it.  He is a little upset that FEMA is now talking about counting it on the way out because that was the suggestion that we had to say that is a better count of the cubic yardage because there is no air space involved once it is reduced to chips and we were told that FEMA requires the opposite.  The Town Manager responded that we are disappointed too, but the good news to the extent that it does need to be measured it is not a significant cost and it is reimbursable just like the rest of the project is, partially reimbursable, and making the argument that we were vigilant, we did watch what was coming in, and in terms of overall costs our cost for the pick up was extraordinarily competitive when you look at it in the context of the State bid.  Chairman Zacchio commented that clearly there will be a difference because it is a 4 to 1 reduction.  Mrs. Samul asked if we were wrong on the way in with our count would Michael’s consider adjusting their fee.  The Town Manager responded that we will give it a try.

Misc. D:  Street Lights:  The Town Manager reported that a number of street lights were affected by Winter Storm Alfred.  He noted that in Town we have 857 street lights; we do have an inventory and are in the process of doing a physical inspection of the street lights.  He reported that as we find street lights that are damaged or destroyed we are conveying that over to CL&P.  He noted that CL&P has a special unit that has been established to react to these requests for service and getting to it as quickly as they can.  He reported that a Public Works employee is actively out doing the surveying.  He added that if Council hears of street lights that are out to contact the Town Manager’s office.  Mr. Pena asked about the link to CL&P and that he sent some in that way that had not been reported.  He asked how many lights are out right now or about a time schedule.  The Town Manager responded that he could not say but he is watching it and as we get further into the winter we will see how things are coming.  He reported that there are two ways that residents can report this, one is the self reporting process on CL&P’s web site and the link is on our web site and two they should not hesitate to contact the Town to report it as well and get it on our master list.  Chairman Zacchio commented that when CL&P was re-energizing the system it was done in such a way as to avoid the feeds that were coming out of the Unionville power station that were completely destroyed, they had to rewire Avon because the feeds are now going in opposite direction and they are rebuilding that sub-station in Unionville and have to fix everything that is in place today.  He noted that while it is working it is not the most desired infrastructure so they are going to change all of that.  He added that we want to make sure that Avon is at the top of the list and we will keep the pressure on them.

Misc. E:  Clean Energy Update:  The Town Manager reported that the Avon Clean Energy Commission is continuing to work on the development of the Energy Plan and the target is to have something done by late winter/early spring.  The Assistant Town Manager reported at the Commission’s meeting last night they reviewed the draft plan and feedback was sent off to the consultant today and will probably attend the February meeting and will be a work session to continue to flush out the final sections.  He reported that once the draft plan is complete the Commission is hoping to come before the Town Council and the Board of Education with the consultant to share what they found and what they are hoping to do moving forward.

Misc. F:  GFOA Budget Presentation Award:  The Town Manager reported that for the FY 11/12 operating budget GFOA has awarded us the Distinguished Budget Presentation Award and this is the 27th consecutive budget that we have been awarded with this designation.  He noted that it is fairly rare and every year they come up with a list of individualized areas for improvement in the budget and staff has to go back through and make various changes to it.  He added that in concert with the recommendations one of the most significant changes that we made in the fiscal year 2011/2012 budget document was the inclusion of the more enhanced performance metrics for every department at GFOA’s request and is part of the reason why we got the award.  He added that we have also received the CAFR award for twenty-nine consecutive years now.  Chairman Zacchio commented that the Director of Finance and her staff and the Town Manager and his staff do a tremendous job with that.  Mr. Evans commented that the Town Manager circulated to Council a few weeks ago a copy of a power point presentation that he had done to a municipal governing body and that the presentation was fairly detailed and quite lengthy.  He asked who is responsible for putting together that presentation.  The Town Manager responded that the municipal budget workshop is this Saturday and last year was the first year that he did it and do it as part of a team with Glenn Klocko, Comptroller for the City of Bristol (former first Avon Director of Finance).  He reported that a few years ago he did a stand alone presentation for CCM on the same topic as part of their convention, it went over well, they put him together with Mr. Klocko and they put this larger presentation together.  He reported that forty-five officials have signed up for the workshop.  Mr. Evans commented that it is a very impressive product and a job well done.

Misc. G:  Health Insurance Sub-Committee:  The Town Manager reported that the Sub-Committee has another meeting coming up.

Misc. H:  Administrative Services Sub-Committee:  The Town Manager reported that the Sub-Committee is meeting next week.

The Town Manager reported that he provided to Council an update regarding the Old Farms Road project in their folder.  He commented that we are in the process of scheduling a meeting with the Chief Administrative Officer at UCONN Health Center to talk with them about how this project ties into their expansion plans.  He reported that UCONN has authorization from the legislature to move forward with a very large expansion including Jackson Labs.  He added that with the potential development that kind of expansion would bring it puts more emphasis on how important this project is as a transportation system.

The Town Manager reported that we did implement the new Recreation and Parks software and went live on January 3rd.  He commented that it is a much improved software package over the prior package that we were running.  He added that a number of towns use it like Simsbury, Bristol, and had good things to say about it.  We are hopeful that it leads to increased enrollment.

The Town Manager reported that he provided to Council a brief regarding redistricting in their folder.  He commented that this has been going on for quite awhile now and began as far back as 2008.  He reported that every ten years the General Assembly needs to go through a redistricting process to preserve equity in the districts.  He noted that where the proposed redistricting plan would have a fairly significant impact on Avon and he is focusing on the polling locations it would take approximately one thousand voters out of District #17 and move them to District #19 and District #19 is Town Hall.  He reported that the Registrar of Voters and Town Clerk have been talking about this and the Town Hall was at its limit where we were before; not a great location and very disruptive to normal operations and as a result of these additional voters we are going to be looking for a potential new polling location.  He reported that most recently the legislature did not make a decision, it reverted to the Supreme Court; the Supreme Court has appointed two special masters to advise it regarding the district and believes they have a statutory deadline is February 15th and would take effect for the August Primaries.

Chairman Zacchio extended congratulations to Wendy Howard on her election to the Board of Education and the liaison for Town Council; Ames Shea will be a liaison as well.

IX.       EXECUTIVE SESSION: Collective Bargaining/Personnel

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 9:00 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

The Town Manager, the Assistant Town Manager, and the Clerk attended the session.

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council come out of Executive Session at 9:15 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

XI.      ADJOURN

The meeting was adjourned at 9:15 p.m.

Attest:  


Caroline B. LaMonica
Clerk