AVON TOWN COUNCIL
MEETING MINUTES
July 12, 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 - None
III. MINUTES OF PRECEDING MEETING: June 7, 2012 Regular Meeting
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council accept the minutes of the June 7, 2012 Regular Meeting as amended.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.
The Clerk noted that under motions to approve the February 12, 2012 and May 3, 2012 meeting minutes and also under agenda item 11/12-81 Energy Plan, members’ names were listed incorrectly and would be corrected accordingly.
Mr. Pena commented that we have previously talked about the minutes being in so much detail and referred to dollar figures on pages 16 and 17 of the June 7, 2012. He questioned if under agenda item 11/12-89 Sign Tax Warrant (Rate Bill) we should have the new tax rate included in the meeting minutes? Chairman Zacchio responded no, that agenda item is only to sign the tax warrant.
IV. COMMUNICATION FROM AUDIENCE
Flo Stahl, 2 Sunset Trail, reported that in a few months Council would be receiving a signed agreement between the Teachers’ Union and the Avon Board of Education. She reported that like most agreements it will probably be binding for the next three years and will affect the property tax equating forever. Accompanying that agreement will be a financial impact statement which is a relatively new provision generated at the local level. She reported that when she was on the Council in the early 1970s this agreement was hardly noticed and to this day inaction by the Council for thirty days after receipt equates approval. It is one of the most cleverly constructed procedures she has ever known. What she is requesting tonight is that Council put that agreement, whatever it is, on the agenda
for discussing among you as well as analysis by your financial staff. Please understand that this is not meant to criticize the work of the Board of Education Negotiating Committee before it actually convenes. It is meant to reinforce your role in this process, however much the law seeks to minimize and it does.
V. COMMUNICATION FROM COUNCIL
Mr. Pena reported that there were two events in June, the Library grand opening and the Avon Middle School tennis courts grand opening and some Council members attended those events. He commented that both events were extremely positive by not only the people that attended but that even afterwards they were very glad that the Town went forward with those two projects.
Chairman Zacchio reported that he agreed with Mr. Pena and was able to attend both of those events. He noted that what is nice about the tennis courts is to see people using them all of the time as they sat vacant far too long.
VI. OLD BUSINESS
11/12-81 Energy Plan
Chairman Zacchio recommended that this item be tabled as Bernie Zahren, Chairman, Avon Clean Energy Commission, has still not had an opportunity to go before the Board of Education and since about 70% of the recommendations are collaborative between the Board of Education and the Town Council thought it was a good idea to be in front of them to answer their questions and for us to be able to respond to any concerns that they may have prior to Council acting on it and adopting it as a Plan for the Town. He reported that it will be on the Board of Education’s meeting agenda in August so Council will review this item in September.
On a motion made by Mr. Evans, seconded by Mr. Pena, it was voted:
RESOLVED: That the Town Council table agenda item 11/12-81 Energy Plan to the September 6, 2012 meeting.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.
VII. NEW BUSINESS
12/13-01 Review, Discussion & Approval: Agreement: UCONN EMS Services
Chairman Zacchio reported that this is an annual fiscal year contract that we have with UCONN EMS services and the Town of Avon. The Town Manager reported that the reason that it is before Council is that part of the contracting process UCONN wants to see that the legislative body has authorized the Town Manager to execute the contract; they do not provide any specific language to that effect. He recommended that Council authorize him to execute the contract and an excerpt of the meeting minutes will be attached to the signed contract and sent to UCONN.
Mr. Evans questioned if the contract amount of $27,000 similar to what we have paid in prior years. The Town Manager responded yes. He noted that last year there was a significant reduction; prior to that it had been $56,000 to $57,000 when UCONN went through a reorganization process and we brought AMR onto the paramedic side as well. He noted that AMR is picking up a lot of those services and UCONN has really taken a second seat position on all of this in providing these services and decreased their fee to $27,000.
On a motion made by Mr. Pena, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Town Council authorizes the Town Manager to execute the agreement with UCONN for paramedic services for a period of one year from July 1, 2012 to June 30, 2013.
Mrs. Samul, Messrs: Zacchio, Evans, Pena, and May voted in favor.
12/13-02 Board of Education: Supplemental Appropriation Request, $50,688.27 (unbudgeted revenue)
Chairman Zacchio reported that these are incoming revenues that need to be moved into the General Fund to pay off expenditures and will go away with the gross budgeting process that the Superintendent of Schools has in place for this next fiscal year.
On a motion made by Mr. Pena, seconded by Mr. May, 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, Charges for Services, BOE Employee Bnft Contrib, Dent/Life, Account #01-0340-43505 in the amount of $18,517.27; General Fund, Charges for Services, BOE Tuition Receipts-Parent Paid, Account #01-0340-43507 in the amount of $2,800.00; General Fund, Charges for Services, BOE Education Program Grants, Account #01-0330-43343 in the amount of $22,371.00;, General Fund, Charges for Services, BOE TEAM Mentor Prog. State Pmts, Account #01-0340-43509 in the amount of $7,000, for a total of $50,688.27.
and increasing
APPROPRIATIONS
General Fund, Board of Education, General Service, Account #01-9401-52185 in the amount of $50,688.27 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.
12/13-03 Authorization to Sign: Historic Documents Preservation Grant
Chairman Zacchio reported that this is $4,000 grant that the Town Clerk has applied for that will supply a kiosk and allow people access to look up land records via online services and also enable us to gain some space in the vault. He noted that our vault space is very precious.
Mr. Pena questioned if the contract being signed for this grant binds us in any further way, maybe by coming back and telling us that we need to have the vault upgraded at a future time. The Town Manager responded no more than we are already bound. He noted that this is a long standing grant.
Mr. Evans questioned what the long term plan is for the vault knowing that we are in violation; we do not have funds sufficient to have a new vault. The Town Manager responded that at some point we may have to bring it back around as part of another possible bond authorization or part of a larger capital project. He added that in the CIP for FY 12/13, the only capital work going on at the Town Hall campus is in Building #1, we have $30,000 to do some upgrades in the Town Manager’s Office. He reported that there is no immediate plan to fund it. Mr. Evans questioned if it is something that we should be targeting as a higher priority and adding it back to the capital improvement request so we can show to the State that at least as the persons representing the Town that we are attempting to make
it a priority and if the Town will not support it then we say that we have at least done our best to try and fund it. The Town Manager responded that is the position that we are in now; it failed at a referendum and it is scheduled as a future CIP request and we could send a copy of the CIP request to the Records Administrator if they contact us about the status. Chairman Zacchio commented that if it was something from a CIP perspective we would have to run it out a number of years in order to get there; we will have to start talking about whether or not we get a bond issued and we may have other items we need to think about from a bond issue perspective, like a road paving program that we cannot keep up with, an infrastructure issue that we cannot keep up with, and we are not going to hit those items through CIP so that is something for Council to wrestle with in the coming few years in terms of what we want to do from a long-term perspective, especially when money is
cheap and whether or not that is an appropriate use of bond money and whether or not the Board of Finance would support that as well. Mr. Evans commented that prior Councils have struggled with not wanting to bond road improvements and keeping it in CIP if they can. Mr. May questioned if there is any way that the vault documents can be stored offsite. Mrs. Samul responded no, that the documents have to be in the Town Clerk’s sight and cannot be split among Town Hall campus buildings or we cannot add a prefabricated bank vault.
On a motion made by Mrs. Samul, seconded by Mr. Pena, it was voted:
RESOLVED: That Brandon Robertson, Town Manager, is empowered to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Documents Preservation Grant.
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 we had some funding left in the Police Department budget as a result of not filling positions in fiscal year 2011/2012 and we developed some issues with the firearms in the Department as many of the guns have not been replaced for ten years or so and have had some failures in the field so he authorized a transfer from the personnel line item to replace the arsenal so we do not have to worry about it in the future as a capital outlay item. Mr. Evans questioned failures in the field. The Town Manager responded that it was nothing catastrophic but there was an incident where a deer needed to be euthanized, the gun would not discharge, and there were a couple of other minor issues that occurred in training situations
and with those things happening we thought the wise course of action was to replace them. Mr. May questioned what is done with the old weapons that will be replaced. Chairman Zacchio responded that they are traded in. Mr. Pena questioned the life span of the firearms. The Town Manager responded that there are no standards but ten years is a long life and technology changes along with firearms becoming lighter. Mr. Pena questioned if we had planned this to happen. The Town Manager responded that as part of the CIP request going into fiscal year 2012/2013 it was an item that had been noted and he cut it out as we were not having issues at the time and there were other things that had taken priority so it was on the horizon but had not made it to Council. Chairman Zacchio questioned if they were replacing them with a standard type regional firearm. Mr. May responded it is a glock twenty-one, .45-caliber. The Town Manager added that
the process that was went through to select these firearms was very intensive and involved a lot of members of the Police Department, they had various representatives come out from Smith & Wesson, etc., they went to the firing range to try them out, and the firearm that they selected was the consensus choice with a standard lock.
The Town Manager reported that we are completing a three-year rate lock on our property/casualty and workers compensation insurances which has expired on June 30, 2012 and we have been negotiating with CIRMA, our vendor for both of those insurance lines, regarding another rate lock probably for three years. He added that he will likely be bringing forward a recommendation to Council in August.
The Assistant Town Manager reported that twice a year we put the Master Contract List into the Council packet just as a review of everything that is contracted, whether it needs to come to Council, or whether it is far below the threshold for needing Council approval. The Town Manager commented that the Contract List is a great tool; it gives you at a glance, by department, all of the contracts for service that we have.
Misc. B: Construction Update: The Town Manager reported that the Huckleberry Hill Road water line project is complete and we have accepted funding from Connecticut Water Company for the Town to do the road milling and overlay and by doing so we will be able to do the entire length of Huckleberry Hill Road also getting down on Edwards Road as well. He added that he anticipates that at the next Council meeting he will bring forward a request for a supplemental appropriation so we can move the $183,000 into our road overlay budget.
The Town Manager noted that with the Haynes Road sewer project most of the laterals have been installed; the current issue is lawn restoration and the Engineering Department has done a great job communicating with the residents regarding the scheduling for this. He added that most residents have opted to wait until the fall to have Bill Ferrigno come out and do the seeding. He reported that there is some additional paving work to be done there and one road, Spring Book, which we are looking at doing a similar arrangement that we did with Connecticut Water Company on Huckleberry Hill Road. Chairman Zacchio questioned if we are sure on the dollar settlement with Connecticut Water Company with the volatility of oil prices that we will collect enough to get the work done. The Town Manager responded
yes. He added that in both of these cases he had the Public Works Department take what the utility company was saying they could do and compare that to what our cost would be and can we make it go further; in both cases the calculations have come out favorably.
The Town Manager reported that with the FEMA reimbursement for the debris collection and removal seems to be on a good path; we have a project manager who is really engaged and committed to getting everything in. He added that we are still working with FEMA on the Deepwood Drive Phase I Project, the drainage issue going from Deepwood Drive to New Road, to get it approved. He noted that to do the project in-house it will cost approximately $115,000; if we can get FEMA approval it will only cost us $37,000; the project is not going to happen otherwise and it needs to be done.
The Town Manager reported that we have received the final payment for the Library grant. He complimented the Assistant Town Manager for doing a great job taking care of that paperwork to collect the entire $1 million.
Mrs. Samul commented that the extension of the sidewalk at Route 10 is particularly advantageous for the Town, especially in light of a couple of issues coming before Planning and Zoning probably not in the too distant future for additional development in that area for elderly type housing. The Town Manager noted that we did the sidewalks by the Middle School tennis courts and in front of the Library by our in-house staff.
Misc. C: Paving Schedule for 2012: The Town Manager reported that the paving schedule for 2012 includes work on Huckleberry Hill, Timber Lane, Edwards Road with mill and overlay and we will continue with our crack sealing regimen and try to get to Stage Coach to do some work there. He added that from a funding perspective we are beginning to run low and we have two pots of money for road work, road overlay which is a capital account and our state grant money; all combined sources of funding available right now is just about $1 million and the paving program that we have outlined for the current fiscal year is about $1 million. He reported that if we can get to all of the work that we want to and we have some contingency built into that $1 million, but one way or another
we are going to come through this paving cycle and not going to have a cushion that we have had in the past where capital project accounts are non-lapsing accounts we have been able to build it up overtime so we went into this current fiscal year with a balance of approximately $457,000 to which we were able to add to the CIP for fiscal year 2012/2013. He reported that the resources are being depleted and we are going to be looking at and recommending a longer range solution for Council’s approval so we can really make a dent in the road conditions. Chairman Zacchio commented that from a long-term planning perspective, with the road paving we have a management program that is well underfunded and we need to start thinking about how we do that because through CIP it is going to be tough at current funding levels so smoothing that out over fifteen years may make sense for us to talk about and whether or not we do it or not is a different story, especially with the
rates as low as they are. He added that some of these roads are in excess of twenty to twenty-five years before they are up to be paved again and if we can do that with short-term interest it might be something to talk about and of course talk to the Board of Finance about as well.
The Town Manager reported that we have some significant debt service falling off over the next few years and philosophically there are a few different ways to approach: structure it out through a bond or it might require a more disciplined approach with respect to capital outlay where you treat your capital outlay very much like you do a debt service. Chairman Zacchio noted that Council would like to see those long-term options when presented to them so they can lay them out and start thinking about what they want to do. Mr. Evans commented that our capital budget continues to get cut every year. Chairman Zacchio commented that you need to increase it fifty to sixty percent year over year in order to hit a level where we are catching up on the infrastructure paving and that is just not feasible with all
of the other capital projects sitting there so we have to think about a different long term strategy and one of those should include the use of bonding in ways that other communities have as well. The Town Manager reported that Farmington did a $7 million bond authorization a few years ago. Chairman Zacchio noted that sometimes Farmington will bundle long term bonding with fire apparatus, road paving, or other more long term infrastructure, and do it once every five or seven years when they need to catch up from an infrastructure perspective and the dollar is right from a debt rating. Mr. Evans questioned if we have any bonding type of plans coming up in the next couple years that we know of. The Town Manager responded that in terms of bonding, we have the Library and if we think about what is on the unapproved but projected debt service schedule we have a project for Secret Lake Road construction at $2.1 million, a project for a fire station in West Avon at
$5.2 million, and the Fisher fields project which is $1.8 million; just for planning purposes now if you look at the debt service schedules that are included in your budget book you will see road work of $6 million, none of it is approved but there as an illustration. Chairman Zacchio commented to add to that the proposed MH Rhodes recreational master plan and plenty of places where the capacity in debt service will need to be applied and whether or not this is part of that package or not is something that Council needs to wrestle with as it is not something that the Council has done in the past. Mr. May questioned if this would need to be approved by referendum. Mr. Pena responded yes so it is whether or not the voter would approve road improvements. Mr. Evans questioned if the Town Manager can recall when the next time is that we have some kind of debt being retired. The Town Manager responded that for fiscal years 2013/2014 and 2014/2015 there is a
fairly gradual drop off and in fiscal year 2015/2016 it drops significantly with a reduction of over $500,000. Mr. Evans commented that fiscal year 2012/2013 is not the time to be adding to the bonding. Mrs. Samul questioned if our “cushion” is being drawn down because we are not funding it at the same rate or because we have expanded the mileage that we are doing this year. The Town Manager responded that he thinks it is because we are expanding the scope of the work, we are trying to do more this year than we have in the past. Chairman Zacchio added that we did less in previous years so we are playing catch up and now what you see in front of you in terms of what we can get done and what we can fund is going to be either through CIP or do we need to think about a different mechanism to get at the infrastructure needs because it is starting to overrun us. The Town Manager commented that the other important way to think about that question
is at that the rates that we are funding road work now, $250,000 to $300,000 per year, it takes a couple years of accumulated funding to really make a dent. He added that September may be a good time for the discussion where we can frame up the background reports, have the Director of Public Works give a presentation, a talk about the status of the roads, talk about the funds to be expended that would make a significant difference over the next five to ten years, and look at the financing. Chairman Zacchio reported that we have a road paving management program, we know it needs to be done and the costs around it; he questioned if we are going to be borrowing long-term for a short-term fix. He added that some of these roads are easily twenty to twenty-five years which are actually long-term but it is just a matter of philosophy. Mrs. Samul questioned if they are twenty to twenty-five years because we did not start the repairs soon enough and we have let them
go too far. Chairman Zacchio responded that this is up for discussion but we can do fifteen year notes and if you can get fifteen to eighteen years out of the road without a problem and you can take the pressure off the operating from a capital perspective when you can borrow at such a low rate maybe it makes sense. Mrs. Samul questioned that if we borrow fifteen year, have a twenty-year life, we also have to build up a reserve over that fifteen to twenty years so we do not have to borrow again and it is not a cyclical thing. Chairman Zacchio commented it is no different than fire apparatus, roofing projects, boilers at schools, highway equipment, etc. Mrs. Samul added that it also gets to what the Town Manager tried to initiate this last time around of having undesignated funds set aside for projects. Chairman Zacchio agreed but the problem is that we do not have a big enough CIP budget to be able to build a capital reserve; we fund the CIP budget to
make ends barely meet and that is the frustration. The Town Manager reported that is an important part of a good road maintenance program, you do not want to let these things go, do a mill and overlay and leave it for fifteen years; it is about ongoing maintenance, crack sealing, and heat scarification. Chairman Zacchio reported that the methodology we have done up to this point has worked but the fact is that we have a lot more paved roads than we had twenty years ago and what has worked for us in the past may not be the right solution for us going forward because of the dollars. Mrs. Samul commented that development in the Town has not been at a steady rate each year; we had lumps where we had a lot of roads come on and it is those roads that came on twenty-five years ago that are really hitting us. The Town Manager reported that with the major infrastructure in Town you are going through the first cycle.
Misc. D: Town Ordinances: The Town Manager reported that there are four ordinances that we are working through right now. The first one has to do with updating the storm water discharge permit; there is an ordinance required by Environmental Protection Agency (EPA) for us to renew our storm water permit. The second one is regarding Town Council Policy #16: Tax Refunds which should actually be an ordinance; there is an issue with a possible violation of a statute unless we change it to an ordinance. The third one has to do with changes to the pension ordinance; the Uniform Services Act has to be incorporated into the defined benefit pension ordinance even though it is closed and to reflect the change in the Police Union defined contribution program as well.
The fourth one is regarding Article II, Section 55-32b that was adopted in the mid-80s; the Assessor reports that the ordinance has never been used. He noted that the way it works is it is for veterans who get a very specific benefit through the federal veterans benefit administration who are grievously injured in a combat situation; towns in Connecticut can adopt an ordinance at local option that allows the municipality to exempt from taxation a portion of the value that is derived from a veteran’s residence that is done through a grant. He clarified that if the veteran meets the guidelines for the program and, for example, receives $40,000 to put a ramp onto their house then the ordinance would provide the Town with the ability if they adopt this ordinance to exempt $40,000 of taxation off the house. He added that is what the Town of Avon’s ordinance says, that it is partial; what the State statute says is that it cannot be partial and has to
be all or nothing so even if the veteran is getting $2,000 in federal aid and they have a house that is worth $700,000 and a tax bill that is $35,000, if the Town has adopted this ordinance and the resident is getting aid through this federal program then the entire amount of the tax on the house comes off, not just the portion that has to do with the benefited improvement. He noted that there are not many communities in the State that have adopted this, but the Town of Avon does have an ordinance that dates back to 1984 and the options are that the existing ordinance is not in compliance with the underlying State statute and can repeal the ordinance or revise the existing ordinance to comply with the statute. Chairman Zacchio questioned if the Town Assessor will provide additional background and a recommendation as it comes closer. The Town Manager responded that he will have the Town Assessor come before Council at their next meeting to discuss further. He
noted that we have never had anyone take advantage of the ordinance as it is which is not to say that it could change in the future. He commented that one of the issues with this is that if you look at the guidelines for assistance under 38USC they are very severe injuries and in looking at that would have a limiting effect on the pool of potential residents who apply for this. Mrs. Samul questioned if this investigation begun because of the e-mail that we got from a gentleman. The Town Manager responded yes and it triggered us to take a look at this and realized that the ordinance in place has a conflict with the State statute. Mrs. Samul questioned if that individual is aware that we are investigating and took his e-mail seriously and that we are examining everything. The Town Manager responded yes.
Mrs. Samul questioned if there were any other ordinances. The Town Manager responded only the four that have just been presented to Council. Mrs. Samul questioned if there was an ordinance or a regulation changed for the police department as they now have facial hair. The Town Manager responded that the Police Chief has changed some of the General Orders that now permit beard growing within certain parameters.
The Town Manager reported that with the four ordinances he will have them as an agenda item at Council’s next meeting and for those that Council wants to move forward with we would schedule public hearings for September. Chairman Zacchio noted that there would only be three Council members present for August’s meeting so we might push this item back one month.
Misc. E: Town Council Policies: The Town Manager reported that we have been reviewing Town Council Policies which are adopted by resolution of the Council. He noted that a few of them over time have not been updated; the practice has evolved where it is no longer reflected of the policy. He anticipates that Council will receive these changes at the next meeting and can wait until September to take action on them. Mr. Evans questioned who has been reviewing the Town Council Policies. The Town Manager responded that both staff and Murtha Cullina have been looking at the policies.
Misc. F: Old Farms Road Projects: The Town Manager reported that the bridge and the intersection project is continuing at a slow boil, staff is continuing to work with technical staff at Department of Transportation to complete survey work and move forward with design; it is all where it needs to be and moving as we would expect. He reported that with the road project, approximately two weeks ago we had a meeting with a team of consultants that is going to be advising the Town on the Environmental Assessment (EA) and taking the lead with respect to the completion of the process. He added that with the EA the consultants are going to look at a number of different alternatives for the road, everything from realignment in the current configuration to a complete relocation
of the existing road, and they are going to look at those options within twenty-eight different factors including archaeology, invasive species, geometric alignment of the road, etc. He reported that the purpose of the meeting was to finalize the scope, get all of the consultants on the same page with respect to what their responsibilities are, talk about protocols for communications moving forward, and get the timeline in place. He added that a few things need to happen: we need to get the final notice to proceed from the Federal Highway Administration (FHWA) which we have not yet received and once the scope is complete there needs to be a negotiation process between the Town, the Consultants, and the State to come up with a fee for all of this work, then the EA process will begin and take approximately twelve to eighteen months. He reported that the EA process is going to have a healthy public information meeting component which is an important part of the scope
in the EA process; the CNC Consultants will provide public information meetings at the Library. Mr. Evans questioned the notice to proceed, specifically with what? The Town Manager responded that what we need from FHWA is for them to say the scope, being the areas that the Environmental Assessment is going to review and address, is sufficient and begin the process. Mr. Evans clarified that it is notice to proceed with the Assessment, not with the entirety of the project. The Town Manager responded that this is many different stages, that even when the Assessment is completed we still have the permitting process to go through. He added that the reason we are spending so much time on getting the scope approved is that we do not want to miss anything because when it comes to the permitting process we don’t want agencies to point back at the EA and say that it should have addressed something that it did not. Mr. Evans questioned who is paying
for the EA. The Town Manager responded that there is funding available, approximately $2 million, at CRCOG that we have been using to draw down to offset the planning portion.
Dick McCall, Lawrence Avenue, reported that he owns property in the project area and is concerned about the widening of Old Farms Road. He questioned how far east it will go from Old Farms Road. The Town Manager responded that this gets into what the EA is going to look at and nothing has been determined yet; there are a series of maps that have been developed that show everything from a reconfiguration of the road in place to a complete relocation of the existing road. He added that there is nothing definitive yet in terms of what the ultimate resolution is going to be, but as the process moves forward there will be an opportunity for input and learning more about it. Mr. McCall questioned if he can get on an e-mail list so that if there is some type of hearing he will be able to attend. The
Town Manager responded yes, if Mr. McCall gives him his e-mail address he would be happy to send it out. He added that all of the public information meetings as they move forward with the EA they will be noticed and posted on the Town’s web site. Mr. Pena questioned if there was a ballpark on when the public hearings will possibly start. The Town Manager responded that he does not know yet because it depends on when the notice to proceed comes forward from FHWA and when the final contracts are completed and negotiated and at what point in the EA process the Consultants want to obtain public input; he would keep an eye on it and as soon as he knows will send it along.
Misc. G: Award from Avon High School Student Government: The Town Manager reported that Jamie DiPace, Emergency Management Director, accepted, on behalf of the Town, an award at the High School graduation ceremony. Chairman Zacchio questioned if the plaque would hang in the hall outside the Selectmen’s Chamber. The Town Manager responded yes. Mrs. Samul commented that Jamie DiPace had a nice “spur of the moment” speech.
The Town Manager reported on two other items that fall under the category of staff recognition. The first one is that we received a notice today that Government Finance Officers’ Association of America (GFOA) has again awarded the Town a Certificate of Excellence for the Comprehensive Annual Financial Report (CAFR) for fiscal year 2010/2011. He added that this is another feather in the cap for Peggy Colligan, Director of Finance, as she does a great job with this. The second one is for Bruce Williams, Director of Public Works, who was recently recognized by the American Public Works Association (APWA) and named a Public Works Association Fellow, one of two hundred fellows that have been recognized by APWA across the world and it says a lot for Bruce and a lot for the Town. He added that Bruce
will be in a position now to shape the next generation of Public Works Directors; the article notes that the average age of a Public Works Director in the United States is fifty-five. He noted Bruce’s comment in the article that Bruce is going to be a mentor and he is going to have mentees. He commented that Bruce will do a great job with that and anybody who has Bruce as a mentor is going to be well served. Council commented that they are very proud of Bruce Williams.
The Town Manager reported that there is going to be a Statewide Emergency Management Exercise at the end of the month and being sponsored by the Governor’s office and the Department of Emergency Management and Homeland Security (DEMHS). He noted that there are two options for participating, either Saturday/Sunday or Monday/Tuesday and the Town has selected the Monday/Tuesday option. He reported that it is a dry run through a simulated pre-disaster and hurricane response exercise. He reported that on Monday, July 30th he will be convening the Emergency Management team in the basement of Building #7 and we will have DEMHS on the phone and they will walk through what the scenario is; we will be required to respond in a live situation. He noted that Public Works, Police, Fire, Social
Services, and the Superintendent will be involved.
IX. EXECUTIVE SESSION: Heart & Hypertension
On a motion made by Mr. Pena, seconded by Mr. Evans, it was voted:
RESOLVED: That the Town Council go into Executive Session at 8:35 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.
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 8:55 p.m.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.
On a motion made by Mr. May, seconded by Mrs. Samul, it was voted:
RESOLVED: That the Council hereby approves and authorizes the Town Manager to enter into a settlement agreement with former Police Officer Gary Cruz under which the Town shall pay Mr. Cruz $175,000 dollars in exchange for Mr. Cruz executing a Full and Final Settlement of his claims under Connecticut’s Heart and Hypertension Act, which shall be approved by a Workers Compensation Commissioner, and a General Release and Covenant Not to Sue, subject to such non-material modifications as the Town Manager deems necessary or prudent pursuant to consultation with the Town Attorney.
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 favorably recommends to the Board of Finance an appropriation not to exceed $175,000 from General Fund, Other Financing Sources, Unassigned Fund Balance, Account #01-0390-43913, to General Fund, Claims & Losses, Services – Other, Account #01-8101-52189 for the purpose of paying a claim under the State’s Heart & Hypertension Laws.
Mrs. Samul, Messrs: Zacchio, Pena, Evans, and May voted in favor.
XI. ADJOURN
The meeting was adjourned at 9:00 p.m.
Attest:
Caroline B. LaMonica
Clerk
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