The Rocky Hill Town Council held their regularly scheduled meeting on Monday, July 15, 2002 in the Council Room of the Town Hall. The meeting was called to order by the Mayor, Barbara Surwilo at 7:30 P.M. Members of the Council present were: Councilors Flynn, LaRosa, Allen, Sparveri, Sylvestro, Warnat and Anthopolos. Councilor Webster entered while the meeting was in progress. Also present was the Town Manager, Nicholas LaRosa, Director of Finance, John Mehr and Town Clerk/Assistant Town Manager, Barbara R. Gilbert.

Approval of Minutes

The Town Clerk asked the Council to table approval of the minutes as there were several typographical errors she would like to correct before seeking approval.

Councilor Allen moved to table approval of the minutes. The motion was seconded by Councilor Sylvestro and adopted unanimously by those present. Councilor Webster was absent.

Meeting Open to the Public

Mayor Surwilo noted there are a number of people present this evening who wish to say something in regard to the Industrial Park. There is nothing new to add to this discussion and no decisions have been made, she would like to ask residents to limit their comments to any new information, they do not need to keep going over the same thing. She noted Councilor Sparveri will be timing each individual and will let you know when you two minutes are up.

Mayor Surwilo noted she will be asking the Council to call for a special meeting, probably on September 9th, to discuss the Industrial Park.

Councilor Sparveri moved to move Item K up on the agenda to right after the public portion of the meeting. The motion was seconded by Councilor Sylvestro and adopted unanimously by those present. Councilor Webster was absent.

Mr. Don Hutchinson, Old Main Street, noted he represents the Rocky Hill Little League who has over 550 members and has brought a sampling with him tonight. These kids come out to play baseball and softball and it is the intention of the Little League Board to give them the best experience they can have. Mr. Hutchinson noted the Little League fully supports the items that will be presented to the Council tonight for referendum for the fall of this year. He noted the Town has almost doubled in size since he first moved to town and they need to be able to access and use all of the playing fields. He noted Rocky Hill is a wonderful place to live and he wants to see that mirrored and that Rocky Hill is a wonderful place to play and he hopes the Council will help them in providing this experience to our children.

Mr. Jeffrey Levine, 23 Minnie Lane noted his comments deal with one specific aspect of the proposed items for referendum and that is the lighting at Maxwell Park. He noted he believes this issue was not handled properly at Planning and Zoning. This is a residential area and these fields are already used, they are just not getting used after dark. He questioned why the Town would spend hundreds of thousands of dollars on lights at this park when there are other items that need to be addressed. Mr. Levine noted they were there before the park and should not have their quality of life affected by the presence of this park.

Mr. Anthony DiLorenzo, 18 Washington Street noted he has three brief comments to make. First, has to deal with something specific on Washington Street, they have a problem with debris coming from a home that has a stockpile of wood in its front yard. There is also another home on the corner of Glastonbury Avenue that seems to be trying to create their own dump on the Washington Street side. The second item is all of these people here tonight are because they are interested in the Industrial park, he is glad to see people getting active and interested in what goes on in Town, it almost makes him misty eyed.

Finally, the third item, the Economic Development Commission will be making a presentation on Wednesday, July 17th at the Community Center at which they will go over and review their plan for the economic development of the Town.

Mr. Pelino Sylvestri, 7 Minnie Lane, Wethersfield, noted he would like to speak to the Council regarding the lighting at Maxwell Park. Mr. Pelino noted he would like to be notified whenever there are any changes that are going to be made to the park. He noted many of the changes that have taken place are not done to his satisfaction. He stated they would like to see the park hours changed, and have the park close earlier than it does. Mr. Sylvestri noted these issues affect the quality of his life and he does not want to see the quality of his life changed because he has the park as a neighbor.

Mrs. Trisha Carone, 3249 Main Street proceeded to read to the Council Page 45 of the Rocky Hill Plan of Development.

Mr. John Molina, 449 Pleasant Valley Road stated he would like to talk about parcel B. Last summer it was very dry and they received so much dust and sand from this parcel they had to bring their children inside to play. He asked if the Council was continuing with their negotiations with the Russo Brothers relative to the mining noting it was becoming a public safety issue that is not being addressed.

Mr. Edward Meslin, 65 Tollgate Road noted in the Plan of Development it discusses the amount of open space the town should have in comparison with other areas such as residential and commercial. It also discusses the amount of open space Rocky Hill has in comparison with communities and it has between thirty and sixty percent of what it should have.

Councilor Webster entered the meeting at 7:50 P.M.

Mr. Alex Chaney, Pleasant Valley Road, noted he has been a resident of Rocky Hill for nine years, when he first started looking for a home he and his wife decided they would like to remain in Rocky Hill but after looking all over the area the only house they found was a beautiful cape in Glastonbury, but they chose not to buy it because it bordered an industrial area. They then found their current home in Rocky Hill and now it looks like this home is going to be on the border of an industrial park, what is this going to do to our property values?

Mr. Carl Potenza, 4 Locust Circle noted he grew up on Tollgate Road and he has seen the Russo's take sand out of the area. It looks like the whole idea is to give Mr. Russo more sand which he will then take out going all the way up to Main Street and this is going to ruin the area.

Ms. Sheri Coco, 1206 Briarwood Court, noted she moved to Rocky Hill from Hartford and one of the reasons was the woods and the beautiful brook behind her complex, and now they want to put in an industrial park, she should have never left Hartford.

Mr. Warren Carpenter, 42 Sawmill Road noted he would like to quote Will Rogers "you had better take care of the land because they are not making it any more."

Ms. Elizabeth Schumacher, 3408 Main Street stated she is glad to hear that the Mayor will be calling a special meeting on this subject, where the Council can receive input on the subject from the public. She feels the Council needs to be more fully informed before they make any decisions as to what will be done with this area. She presented to the Town Clerk a petition with 73 names on it, asking the Council to stop negotiations with the Russo Brothers until the people have had an opportunity to inform them as to what they want.

Mrs. Gail Vernali, Lord Street stated the people do not want to see this area developed.

Mayor Surwilo called for a brief recess.

The Council recessed at 8:08 P.M. and reconvened at 8:10 P.M.

New Business

K. Athletic Fields/Facilities Improvements - Referendum 2002

Lisa Zerio, Director of Parks and Recreation noted the Town Council requested a comprehensive study of all athletic fields, facilities improvements, and amenities in support of a referendum in November of 2002. The projected total project is estimated at $3,250,000, which includes a contingency for construction management fees, professional services, and town soft costs. She noted the programs facilitated through Parks and Recreation, Schools, and other organizations (little league, travel soccer) have grown tremendously over the past ten years. Improvements to field conditions, lighting, seating, fencing, and park amenities are all critical components that must be upgraded in order to support the expansion of programs due to the natural progression and population growth over the past decade. The facilities are desperately in need of repair and upgrade due to overall deterioration and lack of amenities. This deterioration has led to cancellation of programs due to unsafe conditions. There are over 2,500 athletes from kindergarten though adulthood that utilizes these facilities and amenities must be added in order to support them. Organized activities include baseball, softball, soccer, football, basketball, track and field, tennis, and other various sports to name a few.

Ms. Zerio noted the plan of action is as follows:

· Field Rebuilds
· Field Irrigation
· Field Aeration
· Field Lighting
· Field Grading
· Field Seeding and Sodding
· Soccer Goals
· Fencing
· Equipment to maintain upgraded fields (i.e., tractor, reel sharpener, trailer, etc.)
· Bleachers
· Team Benches
· Amphitheater
· Equipment Storage Building (RHHS)

PROJECT BREAKDOWN

Subtotals Total

McVicar Field $691,500
Complete Rebuild and Irrigation $366,500
Bleachers (Home Side with Press Box) $325,000

75 Acre Development $300,000
Amphitheater and Site Work (Note: with 500k Grants) $300,000
New Regulation Soccer Field and Fencing $213,000
New Soccer Field Parking Lot 50 space $157.000

Combined Field Rebuilds and Improvements $862,300
RHHS Auxiliary 1- $ 2,000
Auxiliary 2- $316,000
Baseball- $ 40,800
Softball field- $ 9,500

Sunny Crest-
Soccer $114,000
Baseball $ 64,500

Stevens
Little League Field $ 30,000
Basketball court $ 12,500

West Hill
Lower Soccer Field $ 20,000

Moser School
Little League Field $ 28,000

Griswold Middle School
Soccer Field $ 2,000

Elm Ridge Improvements
Players Field $ 22,500
Vicino Field $ 90,000
DeLauro Field $ 75,000
Utilities (Electrical Service & Sewer) $ 35,500

Maxwell Park $390,000
Lighting of Softball Field $220,000
Lighting of Soccer Field $170,000

Amenities- (for various sites) $81,000
Drinking Fountains (4 fountains) $ 8,000
Soccer Goals (new field, aux 2 football) $ 6,000
Players Benches (10 benches) $ 7,000
Bleachers (20 bleachers - capacity = 70 seats ea.) $ 60,000
Ferry Park Improvements $325,000
Flexible Concrete Revetment Blocks
Prepared Base with Control of Water
Ramp Repair
Wooden Dock
Riprap Groin
Design and Permitting

Field Maintenance Equipment (Critical to maintain renovated fields) $170,000
John Deer 50 h.p tractor
Reel Sharpener for mower
Mini Excavator & Trailer
Turf Roller
Loader

Contingency for Construction Mgmt Fees, Professional Services, etc. $360,200

Ms. Zerio noted in addition to these park improvements they are requesting $450,000 for an addition to Rocky Hill High School for a storage facility to house athletic equipment.

Councilor Sylvestro noted he would like to see everything but the soccer field and parking lot in the additional 75 acres to Elm Ridge Park go to the voters. He stated his calculation including Contingency and the $70,000 bonding cost with these two items is approximately $3,250,000. Councilor Sylvestro asked staff to check his figures.

Councilor Sylvestro moved to eliminate the additional soccer field and parking lot in the additional 75 acres at Elm Ridge Park. The motion was seconded by Councilor Sparveri and adopted unanimously.

Councilor Sylvestro moved to authorize the Town Clerk have Bond Counsel prepare
the proper resolutions for these two questions, first, $3,250,000 for Park Improvements etc., and secondly $450,000 for the addition to Rocky Hill High School for introduction at a special meeting to be held on Monday, July 22, 2002 at 7:30 P.M. The motion was seconded by Councilor Sparveri.

A brief discussion followed regarding whether all of the items included in the $3,250,000 should be in one question.

Councilor Anthopolos moved to amend the motion to have the resolutions divided into different categories, one question for field improvements, one for Ferry Park Improvement, one for the amphitheatre and one for the storage facility at the high school. The amendment to the motion was seconded by Councilor Warnat. Upon a roll call vote, the motion was defeated: Ayes-2; Councilors Anthopolos and Warnat: Nays-7; Mayor Surwilo, Councilors Flynn, LaRosa, Allen, Sparveri, Sylvestro and Webster.

Executive Session

A. Contract Negotiations - Land Acquisition

Councilor Sylvestro moved to go into Executive Session to discuss contract negotiations regarding land acquisition with the Town Attorney, Town Manager and Assistant Town Manager. The motion was seconded by Councilor Warnat and adopted unanimously.

The Council went into Executive Session at 8:50 P.M.

Councilor Flynn moved to come out of Executive Session. The motion was seconded by Councilor Sylvestro and adopted unanimously.

The Council came out of Executive Session at 9:15 P.M.

Councilor Allen moved to authorize the purchase of 3.5 acres of land known as 80 New Britain Avenue for the sum of $250,000, and to schedule a public hearing on the proposed sale for Monday, July 22, 2002 at 7:00 P.M.

Councilor Webster noted he agrees the fire department needs land but believes this is in the wrong place.

Upon a roll call vote, the motion was adopted: Ayes-8; Nays-1, Councilor Webster.

Subcommittee Reports

A. Finance

Councilor Sparveri noted most of the items discussed come up under New Business and he will address them at that time.

B. Public Safety

Councilor LaRosa noted they met on June 27th and were informed verbally that the State will not be doing anything with Route 3 and Cronin Drive. They also discussed the Underage Drinking Ordinance and it has gone to the full Council for public hearing. Bicycle safety was also discussed and the Director of Park and Recreation along with the Police Department will be working on a program.

Councilor Anthopolos noted Councilor LaRosa failed to state that Ken Goldberg was introduced as the Director of Emergency Management.

Councilor LaRosa noted he had not finished, they also discussed homeland defense, and there was a request from the Fire Chief regarding our follow up to our emergency management plan, and at that time the Town Manager introduced Ken Goldberg as the Director of Emergency Management, a position formerly held by the Police Chief who recently retired.

Councilor Anthopolos noted what concerns him is that they were informed at the Public Safety Committee that they are six months behind in this plan. This is of great concern to him since we have such a large natural gas storage facility in Town. It also concerns him that Mr. Goldberg appears to have no real experience in emergency management.

Councilor Sparveri called for a point of order.

A discussion followed.

Councilor Sparveri moved to recess. The motion was seconded by Councilor Flynn and adopted: Ayes-6; Mayor Surwilo, Councilors Flynn, LaRosa, Allen, Sparveri and Sylvestro. Nays-3; Councilors, Warnat, Webster and Anthopolos.

The meeting recessed at 9:25 P.M. and reconvened at 9:35 P.M.

C. Waste Management

Councilor LaRosa noted there was no report at this time.

D. Government Operations

Councilor Sylvestro noted there was no report at this time.

E. School/Town Liaison Committee for Education

Councilor Flynn noted there was no report at this time.

Councilor Warnat noted at the last meeting he asked for supporting documentation about the Board of Education surplus and he has not received it as of yet.

The Manager noted the only information he has is when Councilor Anthopolos stated he found $400,000 and that they were going to run a substantial surplus.

Mayor Surwilo noted if there is documentation they will get it to Councilor Warnat.

Councilor Warnat asked what the Town's surplus as of June 28th was.

The Finance Director stated they are still in the process of closing the books.

Councilor Allen noted when she appeared on Ralph Talk she appeared as a taxpayer and interested resident, and what she said was she felt they were duped. She stated she hoped the Board of Education would use any surplus they had wisely and use it for the children. She did not go there for any other reason.

F. Senior Community Liaison Committee

Councilor Allen noted they will be meeting in September.

New Business

A. Award of Bid - Center Cemetery Maintenance and Lawn Service

Councilor Sparveri moved the following resolution reading it aloud and in full. The motion was seconded by Councilor Sylvestro and adopted unanimously.

BE IT RESOLVED that the award of bid #2002-044 for Center Cemetery Maintenance/Lawn Service be awarded to Rocky Hill Power Equipment, Inc., 175 Elm Street, Rocky Hill, CT 06067.

B. Award of Contract - Diesel Fuel and Heating Oil #2

Councilor Sparveri moved the following resolution reading it aloud and in full. The motion was seconded by Councilor Sylvestro and adopted unanimously.

BE IT RESOLVED that the Town Council approves the following energy contracts.

Heating Oil #2

Awarded to East River Energy, 401 Soundview Road, Guilford, CT 06437 at $0.8089 per gallon. This price is firm and fixed from July 1, 2002 through June 30, 2003. The Town of Rocky Hill is committed to purchase 14,875 gallons at this per gallon price during this time period.

Premium Diesel Fuel

Awarded to East River Energy, 401 Soundview Road, Guilford, CT 06437 at $0.8063 per gallon. This price is firm and fixed from July 1, 2002 through June 30, 2003. The Town of Rocky Hill is committed to purchase 33,000 gallons at this per gallon price during this time period.

C. Award of Bid - Roofing

Councilor LaRosa moved the following resolution reading it aloud and in full. The motion was seconded by Councilor Sylvestro and adopted unanimously.

BE IT RESOLVED THAT the award of bid for the Fire House #1 Roof Replacement project be awarded to SOS Restoration Inc., 17A Silver Lane, East Hartford, CT 06118 at a bid price of $37,635.

D. Award of Bid - Sidewalk Construction

Councilor Allen moved the following resolution reading it aloud and in full. The motion was seconded by Councilor Sylvestro and adopted unanimously.

BE IT RESOLVED THAT the award of bid for sidewalk construction and repairs be awarded to T&S Caminito Concrete Contractors, LLC, 1700 Saybrook Road, Middletown, CT at a bid price of $88,505.00.

E. Award of Bid - Furniture New Town Hall

Councilor Sylvestro moved the following resolution reading it aloud and in full. The motion was seconded by Councilor LaRosa and adopted unanimously.

BE IT RESOLVED that the award of bid for Wood Casegoods (Bid Package 17A) for the new Town Hall be awarded to Business Invirons, 1084 Cromwell Avenue, Rocky Hill, CT at a bid price of $69,302.36

Councilor Sylvestro moved the following resolution reading it aloud and in full. The motion was seconded by Councilor LaRosa and adopted unanimously.

BE IT RESOLVED THAT the award of bid for Furniture, Fixtures and Equipment (Bid Package 17B) for the new Town Hall be awarded to Business Invirons, 1084 Cromwell Avenue, Rocky Hill, CT at a bid price of $155,555.20.

Councilor Sylvestro moved the following resolution reading it aloud and in full. The motion was seconded by Councilor LaRosa and adopted unanimously.

BE IT RESOLVED THAT the award of bid for Furniture Systems Workstations Bid Package 17C) for the new Town Hall be awarded to Business Invirons, 1084 Cromwell Avenue, Rocky Hill, CT at a bid price of $259,111.12.

F. Year End Capitol Expenditures

Councilor Flynn moved the following resolution reading it aloud and in full. The motion was seconded by Councilor LaRosa and adopted unanimously.

WHEREAS, the Town Manager has recommended that certain unencumbered balances from the 2001-2002 Budget be reserved to be expended in future years until completed.

BE IT RESOLVED THAT the following projects be and hereby is reserved for the purpose of expending the funds as reflected below in future years until completed.

Schematic Plans - 699 Old Main Street $25,000.00
Sidewalk Improvements (LOCIP) $95,435.70
Roadway Improvement (Town Aid) $39,856.82
Revaluation $ 5,733.00
Church Street Parking Lot $ 1,190.50
Hayes Pond $56,500.00
Planning - Updating Zoning Regulations $15,000.00

G. Award of Bid - Grant Administrator

Councilor Sylvestro moved the following resolution reading it aloud and in full. The motion was seconded by Councilor Sparveri and adopted unanimously.

We, the Town Council of the Town of Rocky Hill, Connecticut do hereby, in the best interest of the Town of Rocky Hill, authorize the Town Manager to contract with L. Wagner & Associates, Inc. of Waterbury, Connecticut, for the preparation of the Town's Small Cities Community Development Block Grant application and the Administration of the same for Program Year 28 and 29, should the Town be granted an award.

H. Purchase 2001 Edgewater Boat - Fire Department

Councilor LaRosa moved the following resolution reading it aloud and in full. The motion was seconded by Councilor Sylvestro and adopted unanimously.

BE IT RESOLVED that the Fire Department is authorized to purchase a 2001 Edgewater Boat with trailer powered by a 250 horsepower Yamaha engine from Atlantic Boat Works, 142 Commerce Street, Clinton, CT at a purchase price of $49,075.00. This purchase is being made in the concern of public safety on the Connecticut River during the summer of 2002.

The purchase of the boat is being funded by a $35,000.00 grant from the State of Connecticut through the Office of Policy and Management (OPM) and $14,075.00 from the Fire Department Apparatus Maintenance budget. If any additional State money is obtained for the purchase of this boat by the Town, the Fire Department Apparatus Maintenance budget will be adjusted for accordingly.

I. Set Public Hearing - Proposed Ordinance - Alcohol Possession by Minors

Councilor Sylvestro moved to hold a public hearing on the following proposed ordinance on Monday, August 19th at 6:15 P.M. The motion was seconded by Councilor Sparveri and adopted unanimously.

AN ORDINANCE REGARDING ALCOHOL POSSESSION BY MINORS

BE IT ORDAINED by the Town Council of the Town of Rocky Hill that:

Section 1: Definitions

"Alcoholic Liquor" shall have the same meaning, as the same term is defined in Title 30, Section 30-1 of the Connecticut General Statutes as amended from time to time.

"Host" shall mean to organize a gathering of two or more persons, or to allow the premises under one's control to be used with one's knowledge for a gathering of two (2) or more persons for personal, social or business interaction.

"Minor" shall have the same meaning, as the same term is defined in Title 30, Section 30-1 of the Connecticut General Statutes as amended from time to time.

Section 2: Possession

No minor shall e in possession of alcoholic liquors, whether in opened or closed containers or otherwise, within the Town of Rocky Hill except, when accompanied by or in the presence of his or her parent, guardian or spouse who has attained the age required to possess alcoholic liquors. These restrictions shall apply to both public and private property.

Section 3: Hosting Events

No person shall host an event or gathering at which the host knowingly allows alcoholic liquor to be consumed by or dispensed to any minor unless said minor is accompanied by or in the presence of his or her parent, guardian, or spouse who has attained the age required to possess, consume or dispense alcoholic liquors. This restriction shall apply to any event or gathering within the Town of Rocky Hill, whether conducted on public or private property.

Section 4: Penalty

Any person violating any provision of this act shall be subject to a fine of ninety dollars ($90.00) and any person under the age of sixteen (16) shall be referred to Juvenile Court.

This ordinance shall take effecting accordance with the Town Charter.

J. Set Public Hearing Proposed Amendment to Section 129-4 of the Town Code

Councilor Sylvestro moved to hold a public hearing on the following proposed ordinance on Monday, July 22nd at 7:15 P.M. The motion was seconded by Councilor Sparveri and adopted unanimously.

§ 129-4. Accessway for fire-fighting and emergency equipment. [Amended 5-21-1979 by Ord. No. 78-79]
There shall be included in development plans and shown thereon adequate provisions for access for fire-fighting and emergency equipment. Access shall be in the form of a 2" bituminous concrete binder which is built to Town Specifications and "winterized"(ramped) per the Town Engineer, and maintained so there shall be a clear and unobstructed accessway at such grades and with sufficient width and height clearance to permit ingress and egress by fire-fighting and emergency equipment.
M. Potential Action Regarding Recovery of CRRA Losses

Mayor Surwilo noted she has been carefully considering the effect the collapse of Enron would have on the Town of Rocky Hill and the 69 other towns that participate in CRRA regarding CRRA's $220,000,000.00 loan to Enron. She noted the seventy member towns are going to be responsible for making up this $220,000,000 loan over the next twenty years. One of the questions most frequently asked by the mayors and first selectmen of the towns affected is who is responsible for this, and how can they be held accountable. It now appears there are attorneys who are interested in pursuing those outside of Enron and CRRA who made this happen (such at the various banking institutions) to see if they can reclaim the lost money. Mayor Surwilo noted she would like the Council's permission to add this to the agenda for the special meeting scheduled for July 22nd.

After a brief discussion the Council concurred and it was noted this would be added to the agenda for Monday, July 22nd.

O. Approval of Legal Bills

Councilor Sparveri moved the following resolution reading it aloud and in full. The motion was seconded by Councilor Sylvestro and adopted unanimously.

BE IT RESOLVED that the Town Council hereby authorizes payment of the following legal bills for services rendered.

Law Offices of Baio & Associates $ 90.00
CB Richard Ellis Consulting Group $ 400.00
Flanagan & Associates $3,200.00
Heneghan, Kennedy & Allen P.C. $7,875.00
Siegel, O'Connor, Zangari, O'Donnell & Beck P.C. $6,809.05

Mayor's Report

Mayor Surwilo noted she gave her report under new business regarding the CRRA.

Manager's Report

The Manager noted the Council has received payment from Ames for this year's taxes.

Adjournment

Councilor Sylvestro moved to adjourn. The motion was seconded by Councilor Sparveri and adopted unanimously.

As there was no further business, the meeting adjourned at 10:10 P.M.

Respectfully submitted,


Barbara R. Gilbert
Town Clerk