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Town Council Minutes 06/07/2012
AVON TOWN COUNCIL
MEETING MINUTES
June 7, 2012


I.         CALL TO ORDER

The meeting was called to order at 7:30 p.m. at the Avon Town Hall, in the Selectmen's Chamber by Chairman Zacchio.  Members present: Mrs. Samul, Messrs. Pena, Evans, and May.

II.     PUBLIC HEARING

11/12-78        Neighborhood Assistance Act

The Public Hearing was called to order at 7:30 p.m. by Chairman Zacchio.  Chairman Zacchio waived the reading of the following legal notice:
“LEGAL NOTICE
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Town Council of the Town of Avon, Connecticut will hold a Public Hearing on Thursday, June 7, 2012 at 7:30 p.m. in the Town Hall, Selectmen’s Chamber, 60 West Main Street, for the following purpose:
        To consider participation in the Neighborhood Assistance Act in accordance with Public Act 95-268.
Dated at Avon, Connecticut this 4th day of May, 2012.
                Brandon L. Robertson
                Town Manager”

The Town Manager reported that the Neighborhood Assistance Act (NAA) is a program that is authorized by Connecticut General Statutes; non-profit organizations can apply to the State of Connecticut through the NAA program and if they are qualified for the program businesses can donate to those organizations and receive tax deductions between 60% and 100% of their donation to the organization.  He added that the Town’s role in this process is to serve as a conduit for the applications and the Town Council has to sponsor one public hearing.  He reported that organizations from outside of the Town can apply to a town that they are not located in.  Once the public hearing is held and closed, the Town Council will authorize the Town Manager to submit the applications to the Department of Revenue Services who will then make the determination as to whether or not those organizations meet the statutory criteria for inclusion in the program and from that point forward it is between the State and the organization to run the program.  Chairman Zacchio repeated that we are just a conduit for the applicant process and encourages businesses to give to the non-profits through a tax relief that otherwise is greater than their normal deduction and the conduit they use to collect that data and submit it to through the IRS process is the municipality who holds the public hearing.  He commented that there really is no real benefit to us by doing it or not doing it.  The Town Manager noted that there are some organizations that are affiliated with the Town, for instance, Police and Fire, so there can be an indirect benefit there.  Chairman Zacchio commented that some of these are repeats from the past.  Mr. Pena questioned the due date of June 30th and if that is when the applications are due to the Department of Revenue Services from the Town or from the applicant to the Town.  The Town Manager responded that is from the Town to the Department of Revenue Services.  Mr. Pena questioned if there are any other applications to come forward.  The Town Manager responded this is it and they have to be submitted to the State by June 30th.

Marshall Brown, Conductor for the Nutmeg Symphony Orchestra, reported that they have been performing concerts in Avon for a number of years.  He distributed programs from the concert that they did in April and activity book from the children’s concert for third graders and the Avon students have been attending for a number of years.  Chairman Zacchio thanked him for all that he does.

On a motion made by Mr. Evans, seconded by Mr. Pena, 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. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council approve the following requests:
a.  Avon Police Department - $15,000.00
b.  Avon Volunteer Fire Department, Inc. - $75,000.00
c.  Avon Senior Center - $3,399.60
d.  CT FIRST - $150,000.00
e.  Nutmeg Symphony Orchestra - $100,000.00
f.  The Sam & Elizabeth Colt American Cultural Heritage Foundation - $150,000.00
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

11/12-80        License & Acquisition Agreement for Property located at 652 West Avon Rd.

The Public Hearing was called to order at 7:30 p.m. by Chairman Zacchio.  Chairman Zacchio waived the reading of the following legal notice:
“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, June 7, 2012 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 Sanitary Sewer easement as shown on a map entitled “Improvement Location Survey property of Avon Realty, LLC, 652 West Avon Road, Avon, Connecticut dated 01-08-2012, prepared by Hodge LLC.
Copy of said map is on file in the Town Clerk’s Office and open to the public for inspection during normal business hours.
Dated at Avon, Connecticut this 4th day of May, 2012.
                                                        Brandon L. Robertson
                                                        Town Manager”

Chairman Zacchio reported that this is a piece of property adjacent to the Haynes Road property where we have done the sewer extensions and the Town needs to accept an easement through that property for the new sewers that were extended up Haynes Road last year.  He noted that the Charter requires a public hearing is held when the Town accepts any pieces of property.

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

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council accept a Sanitary Sewer easement as shown on a map entitled “Improvement Location Survey property of Avon Realty, LLC, 652 West Avon Road, Avon, Connecticut dated 01-08-2012, prepared by Hodge LLC.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

III.      MINUTES OF PRECEDING MEETING:   February 11, 2012 Budget Work Session
                                                                                     May 3, 2012 Regular Meeting

On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council accept the minutes of the February 11, 2012 Budget Work Session as submitted.
Mrs. Samul, Messrs: Zacchio, Pena, and May voted in favor.  Mr. Evans abstained.

On a motion made by Mr. Pena, seconded by Mr. May, it was voted:
RESOLVED: That the Town Council accept the minutes of the May 3, 2012 Regular Meeting as submitted.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

IV.       COMMUNICATION FROM AUDIENCE

Diane Carney, 36 Rosewood Road, commented that she read somewhere about extending a sidewalk from where the post office is down to the end and asked for more information as it sounded like a great idea.  Chairman Zacchio responded that is an extension of the STEAP grant that we have been using to do the sidewalk and granite curbing and some of the lighting around the Town center; we were awarded another portion of that grant and part of the plan was to continue the sidewalks in that area and the best use for this round of money.  He noted that it will connect us to Sperry Park as well as the Rails to Trails in that area.

V.        COMMUNICATION FROM COUNCIL

Mr. May reported that he recently attended an Eagle Scout ceremony with Harrison and Graydon Stewart and added that it is very important for Council to be represented there because that is where our future leaders in this country are going to come from.  He added that he also attended a ceremony at the Connecticut Horse Guard in Avon, the changing of the guard, and those folks were very appreciative of Town Council being there.  He was brought through the stables which were very clean; they are down to eight horses from the original thirty-nine and funding is becoming a problem for them.  He added that they are going to hold a Golf Classic at Farmington Woods on September 10th and businesses can sponsor as well as individuals from the community.

Mr. Evans extended congratulations to Mr. Pena on his nomination for the house seat and wish him the best of luck and success.

Chairman Zacchio thanked everyone who was involved with the Memorial Day parade; as usual we have a great crowd of people that show up and a lot of organizations that make the parade special for the veterans as they march and ride in cars and take it all in.  He appreciates all of the hard work everyone did, for those who showed up with their own cars and drove veterans around and gave them that moment.

VI.       OLD BUSINESS

07/08-08                Avon Library Addition/Renovations Project Capstone Report

Diane Hornaday, Chairperson, Library Building Committee, reported that this was a wonderful Committee; in her life she has been on a lot of committees for a lot of organizations and there is often people who want to be on the committee for their resume or for some other reason and not wanting to be on it to work on the project.  She commented that this Committee was really an exception to that rule with every member.  She introduced members that were present tonight: Barbara Leonard, Scott Boos, and Diane Carney.  She commented on the wonderful service the Town received from our employees, including Steve Bartha, Bruce Williams, and Susan Gatcomb.

Ms. Hornaday reported that this project was really talked about started approximately fifteen years ago.  She noted that previous Councils, knowing that this would come, had the foresight to buy two properties so that when it came time for the expansion we had the land available.  She reported that we got underway fast and then had to step back because of the situation with the grant money.  We went to referendum at $9.5 million with an anticipation that the Board of Trustees would provide $500,000 to the Town and the grant would provide $1 million and the Town would provide $8 million.  She noted that when the Committee was asked to find the $1 million we took some sharp pencils and good value engineering and a lot of help from staff we did come up with things that would not impact the building itself or any of the permanent items; subsequently the Board of Trustees raised enough money that they not only could give the Town $500,000 but they also were able to put back into the project some of the things that we had to take out.  The Board of Trustees has been incredibly cooperative and it has been great working with them.  She reported that from the savings realized the Committee came back to ask for additional money for 50-year shingles and $50,000 for moving the book drop at the request of the Planning & Zoning Commission and that was approved by the Council.  She reported that they had input from the Clean Energy Commission as well as Engineering Department staff on the best use of materials and of processes for the building to make it the most efficient.  She noted that most of the windows have been replaced in the old part of the building.  She added that there is always something that has to be changed; there are still a couple of things left to talk about.  She commented that if you have been to the library you can’t help but be impressed with everything that has been done and many of those good ideas came from Bruce Williams, Director of Public Works, who has had a lot of experience with other Town buildings.

Ms. Hornaday reported that one of their big excitements is savings.  She commented that they have the money from the value engineering plus funds from the contingency and they also asked the Director of Finance how much will be saved because we didn’t bond the full amount of money.  She noted that financially this project has been very rewarding for the Town.  The library itself is outstanding and heard nothing but positive comments; she hopes Council has to.  She reported that the Library Director and her staff did a lot of things to help get the library ready for when we re-opened.  She noted that the number of people in the community who have supported this project through their gifts to the Board of Trustees and others has been exemplary.  She reported that the Committee is proud to recommend to Council that they accept this building for the Town.

Chairman Zacchio commented that the Library Building Committee did a fantastic job; the Committee was together for five years which seems like an eternity; it is a project that has been on the books and waiting patiently in line with a lot of other projects in front of it for twelve or fifteen years.  He agreed that Councils before us identified this project as a future problem for us and started buying pieces of property to expand.  He noted that the patience that the Committee had and the perseverance to move it forward while we were building new schools and expanding old schools was outstanding and you have delivered a beautiful project; it is a cornerstone of the Town.  He commented that a lot of communities are judged by the kinds of investments that they make in their educational system and their libraries and to him it is more than a library it is a statement of how we know that is an important aspect of our community.  He added that the library is beautiful.  He noted that the thought process in building for the size the Town will eventually be is something that we have had trouble in the past being able to achieve.  He reported that the Committee has been able to put a library together that will serve the community well for out future growth and under budget and did it with sharpening your pencils through the process.  His hat is off to the Committee and can’t be happier with the product and looking forward to the Grand Opening on Sunday; thank you so much for all the work that you did.

Mr. Pena commended the Library Building Committee and the Library Board and he has heard nothing but positive feedback about the library.  He was there last Saturday and it is beautiful.  He has also heard from people who may have voted no at referendum but you have certainly brought them into the library; they want to be part of something brand new.  He extended thanks and it has been a pleasure working with all of you.

Mrs. Samul commented that they all have done a tremendous job as everyone here recognizes.  She reiterated and thanked Ms. Hornaday for mentioning the Town staff that has participated, the Library Director, Director of Public Works, Assistant Town Manager, etc.  She also recognized Mr. Zacchio who on his own on his lunch hours repeatedly went over to the State Capitol to lobby for that $1 million grant; nobody asked him to do it, he did it on his own and he did it for all of us.

Mr. May extended his congratulations to the Library Building Committee and what an accomplishment.

Mr. Evans commented that Ms. Hornaday and the Library Building Committee should be proud of the final product; we are and congratulations.

Dave Cappello, 81 Craigemore, questioned if something can be done about the lighting in the parking lot as they are on all hours of the night.  He is sure that they are the most energy efficient lights but it is light pollution.  Ms. Vocelli responded that the lights go off at midnight.  Mr. Cappello questioned what time the library closes.  Ms. Vocelli responded that it closes at 8:30 p.m.  Mr. Cappello suggested the lights turn off at 9:00 p.m.  Chairman Zacchio commented that we would look into it.

08/09-47        Canton Hydro-Committee Liaisons

Chairman Zacchio reported that Martin Kaplan and Adam Lazinsk are in attendance and have been the Town’s representation on this project.  The Town Manager reported that for the last few years the Town of Canton had a separate Hydro-electric Advisory Committee and because the project if it were to occur would affect both Canton and Avon.  He reported that Dick Barlow, First Selectman of Canton, came to Avon and the Council at that time decided to appoint a few liaisons from the Town of Avon to attend the Committee meetings in Canton and keep the Council in Avon informed as to how they were coming along.  He reported that approximately one year ago the consultant that had been retained by Canton came before the Council in Avon and gave a lengthy presentation about the economics involved with the hydro-electric proposed project and it was his recommendation at that time, as it did not make a lot of sense from an economic perspective for us, to remain involved.  He added that Mr. Kaplan and Mr. Lazinsk have faithfully continued to monitor the progress in Canton.  It is his understanding that the Canton Hydro Committee has now ceased to exist and has been folded into a broader energy commission along the lines of what we have here in Avon.  It appears that the time has come to release Mr. Kaplan and Mr. Lazinsk from their responsibilities; staff will continue to monitor the project in Canton and let Council know of any changes.

Chairman Zacchio thanked Mr. Kaplan and Mr. Lazinsk for their service.  He added that they attended a lot of meetings and brought back the detail as that unfolded.  He reported that the hydro project includes both the upper and lower dams, the upper dam is completely within Collinsville and with the lower dam the powerhouse is on the banks of Avon and the other side of the dam is on the banks of Burlington.  He reported that initially on the Towns of Avon and Burlington were invited to the process to think about how that might play out in the future; the focus from an economic standpoint now it mostly the upper dam where most of the power generation would take place if they were to be rehabilitated.  We will stay connected to that program because the powerhouse remains in Avon and would be in Avon for the secondary dam if it was ever to open.  He appreciates the efforts of Mr. Kaplan and Mr. Lazinsk.

11/12-81        Energy Plan

Chairman Zacchio reported that the Plan was presented to Council last month and the Energy Commission is on the agenda for the Board of Education’s June 19th meeting where they will present much the same presentation.  He noted that a little over 70% of the opportunities lie within the biggest buildings in Town which are the schools so we want to make sure that we are in lock-step with the Board of Education and collect their comments before we act on it.

On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council table agenda item 11/12-81 Energy Plan to the July 12, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

VII.      NEW BUSINESS

11/12-84        Presentation by Gary Mala: BOE Strategic Plan

Mr. Mala reported that the Board of Education (BOE) Strategic Plan is for the next five years.  He commented that he is here as a leadership team for the District with Donna Nestler-Rusack, Assistant Superintendent for Teaching and Learning and John Spang, Director of Finance and Operations to publicly present the BOE Strategic Plan to Council.

Mr. Mala reported that the primary reason to present this to Council as a team was to let Council know the process that they follow; the product is remarkable in many ways.  He reported that in the Plan there is specific vocabulary highlighted in red and its purpose is that it reflects the common terms that came up since they embarked on this process in December.  The foundation has been constructed for their future work.  His other purpose of being here this evening is to share the survey results with Council.  There were over 300 respondents with the electronic survey and also those in attendance at public information sessions.

Mr. Mala reported on a comprehensive list being called quality indicators, the data points that they will continue to collect data on and report back to the Board of Education, Town Council, and through public information sessions as they collect this data over time.  The data points are very broad base and a way for them to analyze the progress that they are making on their Strategic Plan.  He reported that the revised mission statement is very simple yet very powerful and their hope is to come back before Council in September/October to show Council the specific action plans that will be taken next year to advance this Plan.  He noted that the District will have strategic action steps, each school will have strategic action steps, and those action steps will show how we are working together as a unit to achieve what the overall goals say in the Plan.  He noted that a strategic plan becomes a living document; it articulates the desires of a community, of a school district, of any organization and is meant to be simple; it is a framework to work with.  He added that the beauty of the strategic action plans that you will see will be time sensitive and time driven; there will be specific people or groups of people referenced in the Plan that will be held accountable for the implementation and execution of any step in the Strategic Action Plan.  He commented it will also talk about how we measure the success of what we implement.  He noted that this is meant to be a public presentation to Council of a document that the Board of Education unanimously approved.  He thanked those that participated in the process who gave up their own time; it was a broad-based group that came together for the purpose of having a conversation about education and what we want for children and not about how much we spend; it was one of the most remarkable processes that came together that he has been a part of in this profession.  He noted that Donna Nestler-Rusack and John Spang were instrumental in facilitating this.  He added that as they roll this forward you will be able to see progress and progress is not necessarily associated with how much we spend, it is what we do each and every day for kids.  He reported that they have been to every staff member in every building so it should become automatic for people.  He noted that this Plan is very different; he asked Council to Google “strategic plans for public schools” and you will not see one like this and you will not see the terminology that is included in this Plan in any other plan; people wanted to make this very specific to our needs in what we want and he is pleased to present this to Council.

Mr. Mala, on behalf of the Board of Education and the entire School District, offer congratulations to Ginny Vocelli, Library Director, Library Building Committee, and Library Board for the construction of the Library because it is a remarkable facility.  He noted that Ms. Vocelli gave them a tour of the facility and they look forward to many more years of cooperative efforts between the Schools and the Library; it truly is a gem.  He echoed Mr. Zacchio’s statements before about the Memorial Day parade; he had his first experience this year and he is pleased to let Council know that the School District will be presenting photos that were taken on that day to each veteran that was in each special vehicle, something no one knew that they were doing, and will be mailed to their homes, framed with a letter of thank you for their years of service in the Armed Forces on behalf of the School District and all of the children we serve.

Mrs. Samul thanked Mr. Mala and his team for coming before Council and for their outreach to keep Council informed with what is going on at the Schools.  She is also impressed and pleased that they are setting goals to achieve.

Mr. Evans commented that the Plan is very impressive and the entire staff who participated in this initiative should be commended.  He questioned if any of the survey results surprised Mr. Mala as he went through this.  Mr. Mala responded that he saw more responses in the area of people having a concern or desire to educate the whole child in a movement to become more comprehensive beyond traditional academics.  Mr. Evans commented that he noticed emphasis on professional development and a positive sign going forward for the District.  Mr. Mala responded that the Board of Education FY 2012/2013 approved budget was built on professional development, curriculum revision and attention to align what we provide to students and the manner in which we provide it in sequence, and the necessary integration of technology; when you look at the results in general you will see that theme.  He commented that the whole notion that we need to make sure that we are educating the whole child really permeates the Plan.  Mr. Evans thanked him for all that Mr. Mala does for the students in Avon.

Mrs. Samul reported on an article in the Hartford Courant about the Cooking Club and they came in first place against Simsbury that has a culinary class and Granby and Farmington; it sounded like a lot of fun and as though they did a fine job so congratulations to them.  Mr. Mala responded with thanks and added that there are a lot of remarkable things that happen in their Schools that many people are not aware of until we get the necessary press coverage.

Mr. Pena commented that the Plan included very good material.  He questioned if the survey results were broken out between parents and educators and were students included.  Mr. Mala responded that they did not disaggregate this information; the survey was accessible to anyone who wanted to fill it out.

Chairman Zacchio commented that some of the same words highlighted in red are the same words that are used in the corporate sector but it really drives your culture, your climate, and what you want to be; it goes from the Board to the Administration to the teachers to the kids and that chain can be broken at any one of those points so as you go forward and try to engage it the trick is keeping it consistent through that chain and that drives your climate and culture that you are trying to produce.  Mr. Mala responded that if you look at the three areas of culture, achievement, and communication they are in order of the importance because without the appropriate culture the other two things cannot happen.  Chairman Zacchio asked Mr. Mala what Council can do to help.  Mr. Mala responded what Council has always done, be open and to allow the Board of Education to come and continue to share information with Council and continue along the relationship that he believes the Board of Education has with the Town Council and the Board of Finance as professionals.

11/12-85        Avon Middle School: Proposal to light Tennis Courts at Avon Middle School

Laura Young, present with Wendy Howard and Jim Young, who she has had the great pleasure with many other volunteers and community stakeholders in working on the Avon Middle School Tennis Courts Project since Phil Schenck, former Town Manager and David Erwin, former Superintendent; that is the timeline for this Project and how long it has taken us to get where we are.  She shared photos of the tennis courts.  She commented that without the Director of Public Works, also in attendance, and the Engineering Department and everybody who has worked with them from the Town, this Project would not have come to fruition.

She reported that at one time the Avon Middle School tennis courts were closed to the community due to the cracks.  She and Wendy Howard thought that was a real shame as they both share a passion for this Town and figure out a way to re-open them.  They came up with a public/private partnership working with the Town; the Avon Public Schools applied for a grant and Avon Community Recreation Neighborhood Inc. applied for grants.  Their mission was to design, raise funds for, and construct recreational facilities in the Town of Avon.  She noted that the Roaring Brook original playground was funded by this group and most recently funded the Thompson Brook playground in 2004.  They held a number of fundraisers centered around tennis and over 150 individuals donated to the Project as well as corporations and organizations in Town.  She noted that although these tennis courts are located at a school they serve the entire community of all ages and abilities once they are open.  She shared some photos of the courts before, during construction, and as of this morning.  She noted that the Middle School Student Council raised $250 for the Project.  She reported that the number one question that they have been asked throughout this process is can we put in lights.  She added that Avon Community Recreation Neighborhood Inc. applied for and has received a grant from the Maximilian Hoffmann Foundation in the amount of $25,000 to do this.  She also shared a lighting plan that was proposed by an industry leader who has done work for the USTA; these lights are specifically designed to be directed down onto the courts and put out less light pollution than a street light would and they would be on a timer; you can actually set them to be turned off at a certain time even done so by remote.  She noted that there will be some remaining funds from the first phase of the project and hoping that maybe at least some of that money can be applied towards the cost of the lights which the total cost of the project would be approximately $63,000.  She added that they are hesitant to move forward with accepting the grant from the Hoffmann Foundation unless we know that we have permission to move forward with the project which would require putting in an application to the Planning and Zoning Commission.  She closed by saying that they are looking for Council’s direction.

Chairman Zacchio reported that from his perspective initially Thompson Brook School was designed to be the spot we would put lights but he does not think that anticipated these courts being connected in that period time and a good prudent plan was to put the conduit in at Thompson Brook School at that time and after talking with some of you just because of the central location of these courts versus Thompson Brook School that are fairly remote from site or any kind of public action going by that probably the safer place to consider putting lights is at the Middle School.  He added that from an applicant stand point the Council or the Town would have to apply to Planning and Zoning as we would for any Town facility and he supports that.  He thinks the application process in that general area would probably be pretty successful, we may have some neighbors who may think otherwise but generally it would be a pretty good spot to put them.  He added that with the dollars the question we have to wrestle with is in terms of the projects that stand in line behind this and you know from some of our conversation we did a tremendous amount of in-kind services in hopes that we would save some of the dollars because we are already at a deficit situation because of the October storm as well as we have a number of other good community projects such as yours that are coming up that we are going to have a very difficult time saying no to because we do not have the dollars.  He thinks that we delivered the Project as we intended to deliver it; he would love to say that we have the money to do that right now, whether or not we could do something in a capital budget in the future is something that we could talk about but that comes back to timing.  He added that if you believe that we could get through the applicant process in such timing that we can get lights in there in the next three to four months the capital budget does not help you and you would be on your own to raise the difference in the funding; half of that money if in the closing, which we estimate at $24,000 pending final reconciliation, his opinion is those dollars are split fifty percent between those who donated the real hard cash and that was half the Town and half the Board of Education.  He added that he cannot speak for the Board of Education half and they might have some of the same questions from a budgetary stand point.  He noted that fundamentally he supports putting lights there; it is a nice idea and certainly as an applicant would be in favor of that from his standpoint.

Mrs. Samul clarified the cost to where we are today.  Ms. Young responded approximately $111,000.  Mrs. Samul reported that we originally estimated $125,000 and she asked how much was raised from funds.  Ms. Young responded approximately $23,500 from Avon Community Recreation Neighborhood Inc., the USTA provided a grant for $36,500, a grant from the Avon Education Foundation for $1,500, the Hoffmann grant for $10,000, and $65,000 split between the Board of Education and the Town.  Mrs. Samul commented that if memory serves her correctly when Ms. Young and Ms. Howard came in initially they were extremely enthusiastic and felt that they could raise it all and there would be none or very little cost to the Town.  She reported that brought you to about $75,500 of the anticipated $125,000; you came and asked Council for seed money so that you could get the grants and both the Town and the Board of Education approved $12,500 for a total of $25,000.  She reported that if there are any savings, if you did not in fact need the entire $125,000 the remainder should come back and be split between the Town and the Board of Education.  She added that if however in addition to that her understanding is that after the fact the Town approached the abutting property owner to remove trees which were not tennis court friendly and that was done by our Public Works staff and then trees were replanted on the abutting owner’s property and there is expense to that and she does not know whether that came out of the $125,000 or not.  The Director of Public Works confirmed that the fifteen trees did come out of the $125,000 but tree removal was done by in-kind services.  She noted that initially it was presented as a Project that you could find support for in the Town, it would receive broad support and you could raise the funds; it did not work that way, a lot of people come in thinking that they can do this with very worthwhile projects and then the Town steps up and meets them halfway which is what we did here.  She added that you want to take the monies which are leftover and put them towards lights and she is saying that there is no money leftover to put towards lights; that segment of the Project is done in her mind.  She noted that if it is going to cost $63,000 to put the lights in and you have $23,000 she would support it if you bring in the other $40,000 but she cannot see it in this year or doubts for next year but that is an unknown.

Mr. Evans reported that the courts look great.  He thanked Ms. Young and Ms. Howard for all of the effort that they put in to make this happen for the benefit of the community as a whole and your efforts should be recognized and he supports conceptually lighting the courts; he supports a lot of things in the Town, a press box and all of the things that are on our lists.  He added that to him he gets to the same place as Mrs. Samul from a little different approach as it is a matter of a process.  He noted that he does not think that you can say there is leftover money and what else can we use it for.  He thinks that money has to go back to the General Fund and you have to go through the normal process of coming back before the Town, whether it is asking for money or contribution or in-kind services, it is the transparency within which this whole Council operates and the process that we use to get there.

Mr. Pena commented that the courts look great, from where we are today considered what they were in the past this is marvelous.  He commended the whole group.  He questioned if they could raise the $40,000.  Ms. Young responded that the equipment costs approximately $50,000 and the rest of it has to do with providing the conduit underneath and some of the other labor related matters.  She does think that they can do additional fundraising and she is not sure if half of that money is going back to the Board of Education how the Board of Education would feel about potentially kicking in some funds for the lighting.  Mr. Pena questioned if they would also apply for grants.  Ms. Young responded yes.  Mr. Pena agreed that it is a good location for lights.  He added that if you decide that you can raise the funds it needs to go forward with Planning and Zoning because there will be discussion regarding the type of lighting and hours of operation.  He conceptually thinks it is a good location for lights but he also agrees that if the Project is over then the money should come back to the Town and the Board of Education and then start all over again.

Mr. May commended the group for the completion of the Project; very well done.  He added that with the lighting you have to consider the residential homeowners and that requires going through Planning and Zoning but to consider this a success for yourself that this Project came to completion; he shares the same concerns as Mrs. Samul.

Ms. Young questioned if the lighting at the Middle School tennis courts is something that Council wants.  Chairman Zacchio responded that there is support for the application for the lights there; it would be a nice addition and you can extend the season into the fall.  Ms. Young noted that it adds approximately fifteen hours of play during the week, particularly for the business community for people who are coming home and may not be able to get there until 7:00 p.m.  Chairman Zacchio added that there is a great bang for the buck in terms of the use.  He noted that there is support to go forward if the group can fundraise.  He added that from an in-kind service perspective if there are ways that we can help with the lights, he does not know that we have that capability or expertise, but we would be willing to think about how that would fit in.  The Director of Public Works responded that the in-kind service would be very minimal with basically the conduit and he would look to the support of the Board of Education as they have a licensed electrician that would be able to put the control panels in and tie it in.

Mr. Kaplan, Avon Clean Energy Commission, commented that lighting would be wonderful but think in terms of energy efficient lighting to reduce the electric bill.  Ms. Young responded that this was actually a company that was recommended by our Director of Recreation and Parks because of the fact that in part they are highly efficient lights.  Mr. Evans questioned if they are the same lights used at Sperry Park.  Ms. Young responded it is the same company but completely different system.  Mr. Cappello commented that as far as the lighting is concerned some municipalities have something similar to coin-operated as the Town should not be on the dime for these lights for somebody to play tennis until 10:00 p.m., like pay-for-play.  He commented that he does not know how old the courts are at Thompson Brook School are but we should maintain those courts as best we can so we are not going through this exercise again in a couple of years.  Chairman Zacchio responded that the Thompson Brook School courts had a lot of use before they started cracking.  Ms. Young commented that there is a life cycle to it; the ones at Thompson Brook School are about to be resurfaced.

A resident questioned how do you know the leftover money isn’t what the parents contributed.  She asked if the deal was that if there was leftover money it would go back to the Town and the Board of Education.  Chairman Zacchio responded that typically on a project like that when the Town is supplementing a program it supplements up to but not to exceed so folks donated money in order to see the courts done, the Town supplements that to help get it done when otherwise it would not get done so if we have estimated $150,000 and it came in at $100,000 like any capital project that money does not get expended to something that we did not talk about or vote on or determine; we are delivering the project in terms of what we expected to deliver and those dollars are unexpended.  Mrs. Samul commented, not specific to this project, that we did not agree to pay for 50% of the project; we said you raise as much as you can for the project and when you get to a level that we think we can also meet to finish the project and you cannot raise anymore we will finish the gap.  Chairman Zacchio commented it is the same situation with the Library; it is approximately $800,000 under, we had $1 million in fundraising, we had bonding that will go out to, and a revenue source from the State, we just bond whatever the amount is but there is unexpended dollars in that capital project that remain in that capital project and typically close to Fund Balance.  He added that we actually used some of that money from another capital project instead of letting it close to Fund Balance and how we found a way to put revenue there.  Ms. Zuras questioned if Town money was required to obtain any of the tennis grants.  Chairman Zacchio responded that he thinks it helped.  Ms. Howard responded that the Grant Committees wanted to see that the Town was vested in the Project by putting up some skin in the game so it showed the intent of the Town to put forth the Project.  Ms. Zuras questioned Ms. Howard if they are comfortable that if the money goes back to the Town you have lived up to the grant.  Ms. Howard responded yes.  Ms. Young added that we have lived up to the grant but the USTA is technically only agreed to fund up to twenty percent of the total cost of the Project so if the total cost of the Project is less than what we originally said then theoretically they do not have to give us the full amount that they originally agreed to because the Project is coming in at a smaller amount.  Chairman Zacchio commented that you would hope that with the USTA, their grant process is to promote tennis and promote tennis in communities and you would think that when they put money forward they would support it unconditionally if you are being able to deliver the Project they expected to be delivered.  Chairman Zacchio added that they hope to see the group back talking about lights and thanked the group for a job well done.

11/12-86        Board of Education: Supplemental Appropriation Request, $42,503
                (unbudgeted revenue)

Chairman Zacchio commented that this is another revenue source for monies coming in that this year needs to be allocated into the operating budget.  He noted that we will continue to see these until the close of the fiscal year.

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, Intergovernmental, Education Program Grants, Account #01-0330-43343 in the amount of $20,000; General Fund, Charges for Services, BOE Employee Bnft Contrb, Dent/Life, Account #01-0340-43505 in the amount of $12,545.72; General Fund, Charges for Services, BOE Cafeteria Rent Receipts, Account #01-0340-43510 in the amount of $9,957.28, for a total of $42,503
and increasing
APPROPRIATIONS
General Fund, Board of Education, General Service, Account #01-9401-52185 in the amount of $42,503, for the purpose of recording unbudgeted revenues received to cover Board of Education operating expenditures.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

11/12-87        Contract Award: Transfer Station Disposal of Refuse

The Assistant Town Manager reported that we received four bids; the current contractor is again the low bidder.  He noted that the low bid was $208,000 but that is based on estimated quantities, the key in this bid is the unit pricing and the actual that we spend every years is actually less than the $208,000 and the pricing from a unit pricing perspective is identical to what we have in the current year.  We are at about $140,000 per year to dispose of the waste that comes into the transfer station and is taken to CRRA.  He noted that part of the way that they keep the cost down at the transfer station is by using a small loader to pack as much as they can into these fifty-yard containers, they pull out the white materials, the E-waste gets recycled and scrap metal gets recycled.  The low bidder provides a great service and the Deputy Director of Public Works is comfortable with what they have done.

Mr. Evans questioned how frequently they deliver to the transfer station.  The Assistant Town Manager responded they are pulling weekly.

Mr. May commented that he uses All Waste at his office, should he participate in this discussion.  Other Council members concurred that they use All Waste at their homes as well.  The Town Manager commented that the key is the financial interest if you own stock, etc.  

On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED:  That the Town Council awards a three-year contract to All Waste Inc. of Hartford, CT in an amount not to exceed $624,313.80 for disposal of various types of refuse that is collected at the Transfer Station.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

11/12-88        Contract Award: Janitorial Services

Chairman Zacchio reported that we have had a rather bumpy road with the current contract and the folks that have been doing the work and by recommendation this is not our normal process because we are not accepting the low bid and there is not a recommendation for low bid but by process we are allowed to go with higher bids if there are good reasons to do so.  The Assistant Town Manager reported that departments are not satisfied, elected officials are not satisfied, and the public is not satisfied with the level of service.  He noted that it was interesting going back and looking at the recommendation in 2008 to award the work to the current vendor because there was concern then; we were coming out of a contract we were not satisfied with, we went with a low bid which was a very low bid and we were optimistic that it would work out and it has not.  He noted that if you look at the results they were low by a significant margin this time.  We vetted the second low bidder and they had poor reviews so we met with the principal for the third low bidder out of Massachusetts and all of his references had positive things to say.  He spent a lot of time with the Deputy Director of Public Works going through the Town building pointing out things that he thought needed to be brought to a certain level before they start.  He added that we feel like we will be getting a better service and there is a cost associated with that.

Mr. Pena questioned if the recommended vendor actually does business in the area.  The Assistant Town Manager responded no.  He added that their office is thirty to forty-five minutes away but everyone we spoke to who has worked with this company has been satisfied.  Mr. Pena questioned how many people would have to be hired to take care of our buildings.  The Assistant Town Manager responded that the owner and the Deputy Director of Public Works talked about that and it was a crew that would consist of a few full-time and few part-time staff as each building has different needs.  Mr. Pena questioned if there would be a local supervisor.  The Assistant Town Manager responded yes.  Mr. May commented that Facilities Service Group in Farmington, CT was a very close competitor to the Massachusetts company and he asked if we talked to them at all.  The Assistant Town Manager responded that we did not talk to them because the purchasing policy endows that we start with the low bid and fully vet it, if it does not work out we move to the next bid; we went to the third bid, all of the references checked out, we were satisfied with what we were hearing so the recommendation was to make the contract offer to them.  Mr. May commented that what he liked about Facilities Service Group is that it is local company, a Connecticut company; Connecticut jobs and it is very, very close so if you could talk to the people in charge and see if they would match the price.  Chairman Zacchio appreciated the Connecticut job comment as it is the right way to think yet it is the first lowest response that meets the criteria and that is what we asked for so we have to move forward with it.  The Assistant Town Manager responded yes, the way the documents are written we could go the route that Mr. May described but he suspects that the person who did not get the work after looking at our regulations might have a pretty legitimate argument to make that they were not treated fairly in the bid process.  Mrs. Samul commented that if in fact we did that wouldn’t we then have to go back to the original low bidder.  She will look at it as a job creations program for more people to be employed in Connecticut.  Mr. May commented that politically he supports a Connecticut owned company which can be very advantageous.  Chairman Zacchio responded that theoretically they could employ people from out-of-state.  Mr. Evan questioned if there is any room for collaboration with the Board of Education as they also outsource their janitorial services; maybe the contracts are expiring at different times and this will never become a reality; whether or not you can do more of a town-wide bid and get better pricing by offering more buildings.  The Town Manager responded that he did not think the Board of Education contracts that service out and have employees that provide the custodial function.  Mr. Evans responded that he thought that was for some, but not all as they have gone back and forth on that several time on the Board of Education side.  Mrs. Samul commented that she thinks there were some issues with contracting out because of references and they need custodial staff there during the day when the building is occupied.  Mr. Pena commented that it is employees providing janitorial services at the High School and Middle School.  Mrs. Samul commented that if we can move in that direction in any way, even if it is small segments with the Board of Education, it would be something to consider.  Mr. Evans commented that maybe it is the other way around if the Board of Education has hired staff maybe we can save cost by going direct and having our own hired janitorial staff as long as it is not administratively and bureaucracy wise to cumbersome to manage that.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council awards a three-year contract to T & S Professional Cleaning Service Inc. of Westfield, MA in an amount not to exceed $266,208 for janitorial services at all Town owned buildings.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

11/12-89        Sign Tax Warrant (Rate Bill)

Town Council signed the FY 2012/2013 Tax Warrant.

11/12-90        Approve Proclamation: Rick Matheny, Director, Farmington Valley Health
                District

The Town Manager reported that there is going to be a reception on June 21st at the Health District in Canton to recognize Rick Matheny for his years of service; all of the towns have been asked for their legislative bodies to adopt these proclamations and will be presented with the resolutions at the reception.  Chairman Zacchio commented that Rick has done a great job and been there since 1977.  The Town Manager commented that he has done it well and whenever you think about the diversity of the territory that the District covers, 106,000 residents all the way from Colebrook to Avon to Simsbury to Farmington to Hartland.  He added that we have a replacement for Rick, to the extent that he can be replaced, and on Tuesday this week at a Health District Board meeting Jennifer Kertanis was approved for a conditional offer of employment for the Executive Director position.  He noted that Jennifer comes with a lot of experience; she is currently the Executive Director of the Connecticut Directors of Health Association, has a Masters Degree in Public Health and prior to her current position worked for the State of Connecticut in the Department of Public Health for a number of years; she comes very highly recommended and we look forward to having her come on board and anticipate that she will start around September 1, 2012.

Chairman Zacchio commented on one segment that stands out in Rick’s proclamation and what he meant to the Department is, “Rick’s retirement will leave a true void.  His tenure with the District has established a benchmark for those who follow, in what can be accomplished and what is to be expected.”  He added that says a lot about Rick’s career and the way people feel about him; congratulations to him.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Avon Town Council, on this the 7th day of June, 2012 adopt this RESOLUTION in recognition of the dedicated and faithful service of  Richard “Rick” Matheny as Director of the Farmington Valley Health District.
WHEREAS:        Rick, was named the first Director of the Farmington Valley Health District in January, 1977, and since that time Rick worked to encourage more participation by towns and its make-up now is made up of towns that originally joined and others who later became members.  Avon was not part of the original Health District.  Avon came aboard in May, of 1993.  Avon was the first time that a town that previously had their own full time Health Department, joined the District.  Today the ideas of towns joining existing Health district is considered to be a normal decision, however, in 1977 the Farmington Valley Health District was the first to take place in Connecticut.  This was an opportunity for the towns to enter into a regional approach to meet their Health needs, as well as being a sound financial arrangement.  Avon, as well as the other towns in the District has representation on their Board.  Our Representatives have always been impressed with Rick’s leadership. Rick’s wisdom, integrity, honesty and his exceptional managerial skill have been qualities that have provided the towns within the District with a firm basis for many years.
WHEREAS:        Rick has a multitude of responsibilities.  Originally the most pressing needs of the District towns were on site sewage disposal systems partially due to increased population growth of small towns.  Opportunities rose when more needs became obvious such as inspections of the Metropolitan drinking water reservoirs located in the District, the need for annual inspection to detect possible sources of pollution, inspections of public swimming pools, implementing food protection regulations, providing for inspections of restaurant, as well as a multitude of public health code enforcement activities.  He has addressed community health issues in conjunction with the Farmington Valley VNA including annual influenza vaccine problems.  The 9/11 attack warranted the District to work with local government to plan for future possible infectious disease outbreak.
WHEREAS:        Rick’s retirement will leave a true void.  His tenure with the District has established a benchmark for those who follow, in what can be accomplished and what is to be expected.
THEREFORE, BE IT FURTHER RESOLVED:  That the Town Council of the Town of Avon, on behalf of its citizens expresses its grateful appreciation for his dedicated service, and that this RESOLUTION be spread upon the minutes of the June 7, 2012 Town Council Meeting, and that a copy of this RESOLUTION  be presented to Richard “Rick” Matheny.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.

VIII.      TOWN MANAGER’S REPORT/MISCELLANEOUS

Misc. A:  Purchasing Update:  The Town Manager reported that there has been a lot of purchasing activity.  He noted that we have locked in on both diesel fuel and heating oil and with respect to the diesel fuel we have locked in at a lower amount than was budgeted so we will have some room there in the next year operating budget which is going to be important because we have two big rocks that we have identified already going into fiscal year 2013 being the utilities cost unanticipated at the Library in the amount of approximately $60,000 and the additional $33,000 that the custodial contract is going to cost so we will be looking to squeeze every bit of savings that we can out of the budget.  He commented on the bid for Deepwood Drive Drainage Project and that this is a project that we submitted to FEMA pursuant to Storm Irene and we have a verbal approval from FEMA that they will pay seventy-five percent of the cost of this improvement; we have not seen anything yet in writing but what we have done is to move forward with the bidding process so that in the event that approval is forthcoming we will be able to hit the ground running and get the Project done.  He noted that the issue is in two phases, the first between Deepwood Drive and New Road and the second from New Road down; FEMA has said that they will cover the first phase with terrible erosion problems and only exacerbated by the fall storms.  He commented that we should be able to do the second phase in-house which we think we can do for approximately $9,000.  The key is with Deepwood Drive that to the extent it will be FEMA-approved there is going to be an out-of-pocket expense of approximately $22,500 and he will likely come back to Council with a recommendation to move forward on this project and important, it needs to be done and it is a relative bargain especially if we get seventy-five percent of the cost offset by another funding source.

Mr. Pena commented on the Middle School replacement flooring and when you look at the bid summary results there is quite a difference in price.  The Town Manager responded that they are all working off the same bid documents; sometimes there is a pretty broad spread.  The Assistant Town Manager reported that we permit substitutions in the bid and the Board of Education spec’d out particular flooring, Nora flooring, and only bidder, Bartholomew Company, submitted an alternate bid for this flooring and in this case was accepted by the Board of Education.  Mr. Pena questioned if the warranty is the same.  The Assistant Town Manager responded that in order to be considered an alternate they provide documentation and backup that we went through to make sure the outcome is the like.

Misc. B:  Construction Update:  The Town Manager reported that regarding the Huckleberry Hill Water Project the water lines have been installed and Connecticut Water had agreed to come back and do some paving work to get the roads back to where they were prior to the completion of the Project.  Connecticut Water approached the Town with a proposal to give the Town the value of the work that they would have done in the amount of $183,000, then the Town takes on the responsibility for completing the paving work; this is a good idea is because the Town can purchase asphalt at a much lower price than Connecticut Water so the Town can take that funding and make it go a lot further by doing some of the additional work that is listed on Buttonwood, Edwards and Grant Drive.  He noted that this is not a widespread practice amongst other communities but for example Cheshire has been doing this for quite awhile where they take a payment in lieu of for the utilities and do the work themselves so they can take advantage of the pricing that they can get access to.  We are having the Town Attorney’s Office prepare a Memorandum of Understanding with the Connecticut Water and come back to the Town Council at some point as we will need an appropriation’s authority to spend that money.

Mr. Evans questioned that if it goes into a special account and presuming we will have a profit from this with excess money or does that mean that we can pave more distance.  The Town Manager responded that we can do either; Connecticut Water has said that they will give “x” number of dollars and the intention is to do the work that Connecticut Water would have done.  He added that even when that work is complete we will have funding leftover; the idea would be to extend the work up to Huckleberry and get some of the other side streets addressed as well.  Mr. Evans commented as opposed to being able to use that money for some other purposes like making up for the janitorial shortfall.  The Town Manager responded that is a possibility if we were to put it into General Fund rather than a Special Revenue Fund but because of the paving schedule that we have laid out for this paving season really does begin to spend down the balance that we have in the Town Road Account with approximately $458,000 in there now and between that and what we have budgeted in CIP for FY 12/13 it is approximately $825,000; the paving program equates to approximately $925,000 so we will need the excess funds in this Account.  Mrs. Samul commented that we have so many months in which to do our road program, if we take on this additional section of road are we going to be able to do everything in our allotted time.  The Town Manager responded yes and will be done this season.
The Town Manager reported that with the Village Center Streetscape Project we have a balance of approximately $216,000 remaining from a prior STEAP Grant.  He added that in the past we had talked about moving up the south side of Route 44 and doing what you see on the north side which is the lighting, sidewalks, and granite curbing.  He reported that we have had a number of discussions with Town staff and in light of what has happened with the conceptual Avon Park North Plan which has been approved by Planning and Zoning, we will now go down Simsbury Road on the east side near Sperry Park; OPM has approved the reprogramming of the funds.  He noted that we will be submitting another STEAP application which is due by August 1st.

Misc. C:  Bicycle and Pedestrian Planning:  The Town Manager reported that we have pulled a staff committee together and are working through some issues.  He added that Chris McCahill, who has an expertise in transportation planning, is helping us look at our infrastructure and come up with some ideas.  The Town Manager will report back with results by the end of the summer.

Misc. D:  Status of FEMA Projects:  The Town Manager reported that we have approximately $2.5 million outstanding from Winter Storm Alfred.  He added that we are not alone; all of the communities are not having a satisfactory experience with FEMA working through this.  He reported that Avon will now be working with its third FEMA Project Manager; there is some subjectivity every time a new Project Manager comes in and we have been through that round of questioning twice.  He noted that there was a meeting in May where the second Project Manager advised Town staff that they really saw no issues and the documents should be submitted to FEMA within the next three weeks; FEMA will complete another internal review process and eventually send the check to the Department of Emergency Management and Homeland Security and then we will finally receive the funds.  He noted that it is important to keep our federal legislators abreast of all of this so he sent letters to Congressman Murphy and Senator Blumenthal.  Mr. May asked if a letter was sent to Senator Lieberman.  The Town Manager responded no, but we could send one to him.  He noted that from a year-end closing perspective we have had conversations with auditors who have said that as long as we receive an official letter by October 2012 indicating that the money is coming then we can count it in fiscal year 2011/2012, otherwise we cannot.  He added that internally we are now doing some contingency planning in the event that this does not come together by October and he will discuss with Council as we get closer.  Mr. May asked if a letter was being sent to Governor Malloy.  The Town Manager responded that it is not a State issue.  Mr. May added that it is our Governor who knows how hard this place was hit and it would not hurt to send him a letter.  The Town Manager responded that he would be seeing the Governor at the CTCMA Annual Meeting tomorrow so he would mention it to the Governor then.

Misc. E:  Illegal Discharge and Illicit Connection to Storm Water Drainage Systems:  The Town Manager reported that this is an ordinance that will likely be on Council’s next meeting agenda.  It has to do with renewing the Town’s Storm Water Discharge Ordinance; there are some new EPA requirements that need to be incorporated into the permit and the Town will need to adopt an ordinance reflecting these changes.  He added that this is something coming up through our Planning, Engineering, and Public Works Departments and they are currently reviewing a draft ordinance that was drafted by the Town Attorney’s office.  The Town Manager plans to brief Council at the next meeting and set a public hearing for August or September and move forward with the adoption process.

Misc. F:  Old Farms Road Projects:  The Town Manager reported confirmation that the State has committed to funding the completion of the design, permitting, and construction of the bridge project and the improvements at the intersection of Waterville and Old Farms Road; they have also committed to do the work.  He added that since we have received this confirmation the coordination between the State and Town has been excellent; the State has been right on top of this.  He added that up until the State was involved, the Town had been doing all of this work in-house; the documents have been transferred to the State and there has been a very robust dialogue between the State and our Engineering Department with respect to various technical questions that have come up about the plans.  He noted that as of yesterday the State and the Town were out jointly doing some survey work at the intersection of Waterville and Old Farms Road.  He commented that things really seem to be moving in the right direction.  He reported that with respect to the road project we are trying to finalize the (EA) environmental assessment, table of contents, and the scope so we can move onto the EA phase.  He has heard from Mr. Daukas that we are on the edge of getting it approved, then we can move forward with that process.

IX.      EXECUTIVE SESSION: Pending Claim / Litigation – Tree Cutting on Public  
           Property / Collective Bargaining / Heart & Hypertension

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council go into Executive Session at 9:20 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

The Town Manager, Assistant Town Manager, Clerk, Town Attorney, and Attorney Mike Harrington attended the session.

Mrs. Samul remained in Executive Session for discussion regarding collective bargaining and heart and hypertension however she recued herself regarding pending claim/litigation – tree cutting on public property because of a possible conflict of interest.  She left the meeting at 10:15 p.m. and rejoined the meeting at 10:20 p.m.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  That the Town Council come out of Executive Session at 10:20 p.m.
Messrs: Zacchio, Pena, Evans, and May voted in favor.  Mrs. Samul was not present.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED, The Town Manager be, and hereby is, authorized and directed to enter into a settlement with David and Connie Gordon with respect to tree cutting which took place on Town property in 2011, and is further authorized and directed to effectuate such settlement by signing the “Settlement Agreement and Release” and “Landscaping Remediation and Agreement” as presented to the Council, subject to such changes as the Town Manager may, upon consultation with the Town Attorney, deem necessary or appropriate.
Messrs: Zacchio, Pena, Evans, and May voted in favor.  Mrs. Samul abstained.

On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED:  The Town Council hereby approves the agreement with the IBPO Local 541 as presented by the Town Manager for a period of three years-July 1, 2012-June 30, 2015 which has been approved by the Police Union and furthermore that the Town Manager is hereby authorized to amend the 401 (a) Governmental Money Purchase Plan #109844 to effectuate the changes in the employer and employee contributions to the Plan as well as to the vesting schedule in accordance with the approved contract Section 21.1 Retirement.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.

XI.      ADJOURN

The meeting was adjourned at 10:25 p.m.
        
Attest:  


Caroline B. LaMonica
Clerk