2005 Minutes  
 

Windsor Town Council – Public Hearing

Council Chambers - Town Hall

March 7, 2005

Approved Minutes

Mayor Trinks called the regular meeting to order at 7:30 p.m.

  1. Roll Call – Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Broxterman, Councilor Dean, Councilor Ellingwood, Councilor Jepsen, Councilor Mulligan, Councilor Simon and Councilor Walker

  2. Prayer – Councilor Broxterman

  3. Pledge of Allegiance – Councilor Broxterman

  4. Proclamations/Awards

    5. None.

  5. Public Communications and Petitions

    6. Mr. George Yeramian, 739 Prospect Hill Road spoke to the Council regarding the landfill. There were no CRRA trucks the first week of March, the whole month of February and part of January. This has never happened before. It looks like CRRA is setting you up for a deal. He urged the Council not to go for the deal. There are other agencies you may be able to do business with.

  6. Report of Appointed Boards and Commissions
  1. Board of Education

    2. Mr. Adam Gutcheon, BOE, reported to the Council. He congratulated the WHS Boy’s Basketball on their CCC West championship. The Girl’s Basketball team won against Trumbull and will play in the semi-finals on Tuesday. The Windsor Feud Team is to be commended also. The Board adopted the 2006 Budget. There were $766,000 in staff cuts and $426,000 of cuts in non-salary expenses for a net increase of 2.98%. These cuts were not easy and every student in our district will feel them. This is a lean budget but it maintains the integrity of the school system. The Board is a good partner to the town during these difficult times.

    Mr. Gutcheon reported on the academic eligibility requirements for students who must maintain a 71% average to be eligible for extracurricular activities. A full time Academic Eligibility Advisor position was funded. There were 54 phone calls to parents, 152 meetings with students, 46 after school sessions, 15 math labs, and 90 weekly progress reports. Letters were sent to 165 students that do not participate in extracurricular activities and do not meet the standards even if they were interested in joining an activity. There were 912 ineligible students monitored. There are a few ways to improve the experience of students in the program and they will be working to improve it further. The Boy’s Basketball team has improved their grade point average over last year. Overall, 100 students have been declared ineligible.

    CMT scores have been released and reading is down significantly 5-9% over the grades tested. Writing is down, not as poorly as reading and math results are mixed. Mr. Gutcheon has spoken to other school districts and nobody is really reporting improved scores. Last year was the first year of No Child Left Behind, where all students, including special education and students who don’t speak English, were tested. The other issue that these scores highlight is to assist the Board to comprehend and eliminate the achievement gap between white and minority students. Next year, testing will be in April, rather than the fall, which will give the BOE more time to work with students before testing them.

    Councilor Broxterman asked when a full report from the Board will be available. Mr. Gutcheon replied that administration will present a full report in April, and a final package will be available in May. Councilor Broxterman asked if he could obtain a list of committee members along with telephone numbers regarding the WHS Principal search. Mr. Gutcheon will ask Dr. Feaser to provide the list.

    Deputy Mayor Curtis commented that when the CMT data gets into the newspaper it uses the data to say who is best and puts it into a competition. He is confident that the Superintendent will work hard to improve test scores. Mr. Gutcheon added that the scores are valuable.

    Councilor Ellingwood asked if there is discussion regarding the separation of the scores. Mr. Gutcheon said that the National School Boards Association submitted a bill that would make the technical corrections (non-English proficient students and special education).

    Councilor Jepsen asked about the off year testing and if results are published. Mr. Gutcheon replied that those scores don’t get published, they are practice tests. The district reviews the scores.

    Councilor Broxterman commended the BOE on the grade point requirements for extra curricular activities. He likes the support provided and is pleased with the program.

  2. Board of Assessment Appeals

Mr. Milo Peck, Chairman, Board of Assessment Appeals, reported to the Council. There are Appeal Meetings scheduled for March 10th, 15th and 19th. These meetings are for residents who submitted Appeal Applications before the deadline.

Last year there were 13 meetings with 115 scheduled appeals. There were 74 appeals that were residential, 33 were commercial, five were personal prop, and three were related to motor vehicles. This year, there are 27 scheduled appeals, with 16 residential, one commercial, eight personal property and two motor vehicle.

  1. Town Manager’s Report

Northwest Park Pancake Breakfast

Join the volunteers of the Friends of Northwest Park on Saturday March 19th from 8:00 AM to 11:00 AM at the annual Northwest Park Pancake Breakfast. A full breakfast of pancakes and sausage smothered in 100% pure maple syrup made right at the park will be available. Tickets are $5.00 for adults and $4.00 for children. Call 285-1886 to make a reservation.

Student Artwork at Town Hall

March is "Student Art Month" and displays of artwork from Windsor Public School students of all ages are currently displayed throughout the building. This Thursday, March 10th a reception will be held from 5:00 PM to 7:00 PM for the public to view the art. The displays will remain at Town Hall through the month of March. For more information, call 285-1835.

Flashlight Easter Egg Hunt

The annual Flashlight Easter Egg Hunt on the town green is scheduled for Friday, March 18th from 7:00 PM to 8:30 PM. Children ages 1 to 12 can bring a flashlight to search for the eggs and candy. Enjoy an evening of arts and crafts, games and a picture with the Easter Bunny. This free event begins at 7:00 PM and the Egg Hunt will begin at 8:00 PM. For more information call 285-1990.

Mr. Brian Funk, Director of Pubic Works, and Paul Norris, Director of Recreation gave the Town Council an update regarding the athletic fields. Due to budget restrains the Parks Division is unable to provide services to recreational activities played on outdoor fields. More specifically, the Parks Division will not line sport fields for recreational sport groups such as Windsor Soccer, LaCrosse, Cricket, and Softball.

However, the Parks staff will line recreational fields for one time at the beginning of the season (April). This will serve as a guide for users to line their own fields. Recreational baseball and softball leagues will also be required to groom and line the infields and batter’s box as needed.

These sport groups use fields at LP Wilson Community Center, Sharshon Park, Oliver Ellsworth Elementary School, Clover Street Elementary School, and the High School Softball & Baseball fields.

The High School and Middle School fields will be maintained for the Board of Education programs.

The Parks Division will also purchase materials and supplies for the sport groups to line the fields. A meeting with the sport groups will be scheduled by the Recreation Department to discuss what will be available and how it can be secured at the ball field sites.

Councilor Broxterman asked if certain leagues request equipment, will we allow them to use it. Mr. Funk said the heavier equipment will not be lent out because of liability, but the other equipment will be available to leagues.

Councilor Simon asked how many of the six open positions were affected by the hiring freeze. The hiring freeze identified one full time vacant position during the year. We will meet the dollar amount for the fiscal year. The vacancies will be filled, however they are union positions and need to be posted internally, which could lead to a lower level position becoming vacant.

Councilor Jepsen asked if other areas would be lacking because of the vacancies. Mr. Funk said that street sweeping (five people), potholes (at least two people), damaged curbs and driveways from plowing activity (at least two people), field preparation (three people in the beginning, then one person), sweeping sidewalks (three people during March), and grass cutting. Currently we are trimming trees (two people) and lastly, mailboxes need permanent repairs (two people). The Personnel Union Contract restricts the use of vacation time during winter months so the only time available for vacation is in the warm months. Programming services drop during those times.

Councilor Walker asked if over the summer months there will be unkept and unmowed areas that staff would normally care for. Mr. Funk replied that all areas we are responsible for will be mowed, however, trimming and roadside mowing will be effected.

Mr. James Burke, Director of Economic Development, gave the Town Council an update on the Redevelopment Parcel. He stated that last October, the town issued a request for qualifications (RFQ) from prospective developers to purchase the Town’s site and to develop high quality, market-rate, owner-occupied housing units on it. It included the following objectives for this project:

  1. To create a unique development concept (live-work units with a compatible commercial use) with high-quality design and amenities.

  2. To encourage investment in the Wilson neighborhood that enhances long-term residential and commercial property values.

  3. To generate additional property tax revenues for the Town.

  4. To recover the Town’s costs for the site and disposition to an extent consistent with achievement of the above objectives.

Responses were received from three prospective developers: Great Northern Realty Partners, LLC of New Britain, CT; Lee Capital Advisors, LLC, of Newtown, CT; and Konover Properties Development Corporation of West Hartford, CT in a joint venture with HD2 Development of Windsor. The staff met with these respondents and evaluated their proposals. While each prospective developer was found to be capable, it was determined that overall the Konover Properties/HD2 proposal provides the best combination of experience, financial capacity and project concept to fit the objectives for the offering.

Mr. Burke stated the next step in the site disposition process is for the Town Manager to negotiate a purchase and sale agreement with the selected developer. This agreement will include: Detailed concept plan, cost estimates, market feasibility, financial feasibility, preliminary financing commitments, public cost/benefit analysis, detailed schedule for sale and construction, and price for the property.

Once the purchase and sale agreement has been completed, it will be presented to the Town Council. If the Town Council accepts the recommendation, then it will hold a public hearing and set a Town Meeting to approve the sale of the property in accordance with the agreement.

  1. Communication from Council Members

Councilor Broxterman – None.

Councilor Dean – None.

Councilor Ellingwood – None.

Councilor Jepsen – congratulated Barbara Selig for being named Irish Person of the Year.

Councilor Mulligan – None.

Councilor Simon – None.

Councilor Walker – None.

Deputy Mayor Curtis – reported on MDC meetings attended. There is a strong possibility that there is a major bond issue in November 2006 to be voted on by the towns. It could reach $1 billion in bonding. It’s important to have a lot of information on the bonding. Some of the questions that they are looking at are the number of Commissioners, some legislative, some gubernatorial appointment and some town appointments. We are trying to get this information early from the MDC. These meetings are ongoing.

Mayor Trinks – congratulated the Boy's and Girl's WHS Basketball teams. He also congratulated the Unified Basketball team that took 2nd place.

  1. Reports of Standing Committees

  1. Finance Committee - the next meeting will be March 23rd.

  2. Town Improvements Committee – will meet next week to view the CIP and possible use of STEAP funds for the Radio Museum.

  3. Health and Safety – None.

  4. Special Projects – will meet next week.

  5. Joint Board of Education and Town Council Committee – None.

  6. Personnel Committee – None.

  1. Ordinances

    2. None.

  2. Unfinished Business

    3. None.

  3. New Business
  1. Consultant’s report regarding 2003 Revaluation Process

    2. Councilor Simon gave a background on the consultant’s report. Mr. Charles Agli provided the report.

    Councilor Jepsen noted that there appeared to be a trend that if we had done reval last year, we would have had a 9% increase in taxes. Mr. Agli said that residential property values have increased in Windsor and in Connecticut. The general observation is that commercial and industrial values are on the increase, but not to the same degree. If a reval were performed in 2004 in Windsor, a shift of burden would have been made to residential. Some of the shift is within the real estate of the grand list, but motor vehicle and personal property become a smaller piece of the pie because they are assessed every year at 70%. Most of the shift was because of real estate being a larger piece of the pie.

    Councilor Simon said that the key finding in the report is the result from the 2004 property sales. The point in looking at the year after is to see if the numbers in the year before were true. Mr. Agli said that there is a concern with these tests to meet the standards, trying to reflect the sales prices of the properties sold. There is a sold/unsold test to see if the relationship is similar to show that there was not a "chasing of the sales". Councilor Simon said that the trend that was captured by the revaluation continued. Mr. Agli said the residential class has continued to increase in value more than the commercial class. Councilor Simon commented that if the revaluation was deferred for another year, the trend would have continued and the shift would have been greater. Mr. Agli agreed.

    Councilor Broxterman asked if there is a better measure in time instead of median value. Mr. Agli answered that having been through three revaluations in New Britain, they would try to pick out 6-10 properties that were typical properties to present a sampling and show what was happening with these properties. Members of Council homes were also added to the equation. There was a difference in the types of properties. Councilor Broxterman commented that this is a snapshot in time and it could change the next day. Mr. Agli agreed with Councilor Broxterman.

    Councilor Ellingwood asked if personal property has caused this shift. Mr. Agli replied that they are all contributors. Some assessments will go up more than others, and there are others whose assessments could go up but they don’t end up paying more tax because they didn’t go up a significant degree to warrant an increase. You have to wait until the dust settles to really see what the effects of the revaluation are.

    Deputy Mayor thanked Mr. Agli for the very informative report. He asked about the median value and inquired if the better way to do it is to have the homeowner look at similar properties. Mr. Agli said that any piece of information is a useful piece of information. At the time of revaluation, all of the residential property was not doing the same thing due to different neighborhoods, condo vs. single family homes, etc.

    Town Manager Souza said that they are working to add a budget calculator on the town’s website so residents can see how the budgets will impact their taxes. The Review/Audit of the 2003 Revaluation Process and the Consultant report regarding 2004 Budget Procedures document is already on the website for viewing.

    Mayor Trinks thanked Mr. Agli for a comprehensive and user-friendly report.

  2. Introduce an ordinance entitled, "AN ORDINANCE REGULATING THE USE OF MOTORIZED SCOOTERS, POCKET MOTORCYCLES ("POCEKT BIKES") AND GO-CARTS ON PUBLIC RIGHTS OF WAY AND ON PRIVATE PROPERTY."

    3. Police Captain Lepore and Sergeant Spencer gave an overview on the proposed ordinance.

    Deputy Mayor Curtis asked if these bikes are under the same category as the bikes that the Shriners use during the parades. Captain Lepore said that they are similar, however the Shriners have permits to use them, this ordinance is not designed to affect the Shriners bikes.

    Councilor Broxterman asked what kind of effort we are making to encourage our neighbors to adopt similar ordinances. Captain Lepore said that the State is working on bills and they will be speaking with Windsor Locks and Bloomfield.

    Councilor Ellingwood asked if some type of template was created. Captain Lepore said that they do have copies of the West Hartford, Hartford and New Britain ordinances.

    Mayor Trinks asked if bikes that are 50cc’s and above have to be registered. Sergeant Spencer said that 50cc’s and above are regulated by motor vehicles. These bikes are sold at 49cc’s and we have no way of knowing if they have been modified to increase their power. The media has said that you can drive these as long as you have an operator’s license. Mayor Trinks commented that there was a related death in another town about six months ago, he applauded the Police Department for taking initiative before a tragedy happens.

    Councilor Dean noted that this ordinance covers motorized bikes, scooters and go carts and asked about dirt bikes and all-terrain vehicles. Sargeant Spencer said that there are state laws for the dirt bikes and all-terrain vehicles, which they try to enforce, but it is difficult. Sergeant Spencer said that most scooters are above 50cc’s and require a licensed operator.

    Councilor Jepsen asked if mopeds would be included in this ordinance. Sergeant Spencer said that mopeds would not be included, mopeds are covered under state statute.

    Councilor Simon asked how many complaints have been made. Sergeant Spencer said that during the summer, there were at least 2 or 3 per shift. Councilor Simon asked for a report on actual numbers. Captain Lepore said after a complaint is made, by the time an officer arrives, the kids are gone and the call is cleared.

    Councilor Walker said that these bikes are dangerous because they are so low to the ground and he commended the ordinance.

    Mayor Trinks referred the item to the Health and Safety Committee.

  3. Set a Public Hearing for March 21, 2005 at 7:00 p.m. to hear an ordinance entitled, "AN ORDINANCE REGULATING THE USE OF MOTORIZED SCOOTERS, POCKET MOTORCYCLES ("POCEKT BIKES") AND GO-CARTS ON PUBLIC RIGHTS OF WAY AND ON PRIVATE PROPERTY."

    4. No action taken – item referred to Health and Safety Committee.

  4. Introduce ordinance entitled, "AN ORDINANCE APPROPRIATING $940,000 FOR RECONSTRUCTION OF PLEASANT STREET FROM ITS INTERSECTION WITH POQUONOCK AVENUE EASTERLY TO THE VICINITY OF THE PLEASANT STREET RAILROAD BRIDGE AND RELATED AMENITIES AND IMPROVEMENTS, AND AUTHORIZING THE ISSUE OF BONDS AND NOTES TO FINANCE THE PORTION OF THE APPROPRIATION NOT DEFRAYED FROM GRANTS".

    5. Resolved by Councilor Jepsen, seconded by Councilor Broxterman, that the reading into the minutes of the text of the ordinance entitled, "AN ORDINANCE APPROPRIATING $940,000 FOR RECONSTRUCTION OF PLEASANT STREET FROM ITS INTERSECTION WITH POQUONOCK AVENUE EASTERLY TO THE VICINITY OF THE PLEASANT STREET RAILROAD BRIDGE AND RELATED AMENITIES AND IMPROVEMENTS, AND AUTHORIZING THE ISSUE OF BONDS AND NOTES TO FINANCE THE PORTION OF THE APPROPRIATION NOT DEFRAYED FROM GRANTS" is hereby waived, the full text of the ordinance having been distributed to each member of the Council and copies being made available to those persons attending this meeting; and that the full text of the ordinance be recorded with the minutes of this meeting.

    Motion Passed 9-0-0

    Resolved by Councilor Jepsen, seconded by Councilor Broxterman, that an ordinance entitled, "AN ORDINANCE APPROPRIATING $940,000 FOR RECONSTRUCTION OF PLEASANT STREET FROM ITS INTERSECTION WITH POQUONOCK AVENUE EASTERLY TO THE VICINITY OF THE PLEASANT STREET RAILROAD BRIDGE AND RELATED AMENITIES AND IMPROVEMENTS, AND AUTHORIZING THE ISSUE OF BONDS AND NOTES TO FINANCE THE PORTION OF THE APPROPRIATION NOT DEFRAYED FROM GRANTS" be introduced.

    Motion Failed 3-6-0 with Councilors Ellingwood, Jepsen, Simon, Walker, Mulligan, and Dean opposing.

    Mr. Jim Hallisey, Economic Development Coordinator, gave an overview of the project.

    Councilor Walker inquired about the $60,000 in administrative costs. Mr. Hallisey said that it covers administrative salaries and overhead. Town Manager Souza added that it follows federal guidelines. Councilor Walker asked about the contingency of $115,000 and if it was normal. Mr. Hallisey said that it is based on 15%, which is standard.

    Councilor Simon asked why this project is $200,000 more than listed in the CIP. Town Manager Souza said that the changes which are not in the original estimate relate to pedestrian sidewalks, additional work near the railroad bridge, mobilization (set up of construction trailers, etc.). Councilor Simon commented that our requirement is to show that we agree to pay $340,000. He would personally prefer that we don’t bond this but use Capital Outlay funds. Town Manager Souza said that there are $345,000 of small capital projects using those funds. He added that by approving this ordinance, we are not committing ourselves to bonding.

    Councilor Jepsen asked if at one point our town staff had the ability to design in-house. Town Manager Souza said that we did have the ability to design small in-house projects. We reduced our staff, which hampered our ability to design in-house. This is beyond the capacity of work hours and workload for our in-house staff. Councilor Jepsen agrees with holding off on the bond ordinance and waiting to see if we have the funds.

    Moved by Councilor Simon, seconded by Councilor Jepsen to designate and reserve $340,000 from the Capital Outlay Fund for the Pleasant Street Project.

    Motion Passed 8-1-0 with Mayor Trinks opposing.

  5. Set a Public Hearing for March 21, 2005 at 7:15 p.m. to hear an ordinance entitled, "AN ORDINANCE APPROPRIATING $940,000 FOR RECONSTRUCTION OF PLEASANT STREET FROM ITS INTERSECTION WITH POQUONOCK AVENUE EASTERLY TO THE VICINITY OF THE PLEASANT STREET RAILROAD BRIDGE AND RELATED AMENITIES AND IMPROVEMENTS, AND AUTHORIZING THE ISSUE OF BONDS AND NOTES TO FINANCE THE PORTION OF THE APPROPRIATION NOT DEFRAYED FROM GRANTS".

No action taken.

  1. Resignations and Appointments

Moved by Deputy Mayor, seconded by Councilor Broxterman to:

Item A: Accept the resignation of George Bolduc from the Greater Hartford Transit District Commission.

Motion Passed 9-0-0

Moved by Councilor Broxterman, seconded by Councilor Walker to appoint Deputy Mayor Timothy Curtis to the MDC Board for a six year term to expire March 7, 2010 and to:

Item D: Appoint Pamela McGeorge as a democratic alternate to the Commission on Aging & Handicapped for a two year unexpired term to expire November 10, 2005 or until a successor is appointed

Item I: Reappoint Nancy Ellingwood as a republican member to the Fair Rent Commission for a three year term to expire March 31, 2008 or until a successor is appointed

Item J: Reappoint Tom Grossi as a republican member to the Fair Rent Commission for a three year term to expire March 31, 2008 or until a successor is appointed.

Motion Passed 9-0-0

  1. Minutes of Preceding Meetings
  1. Minutes of the February 22, 2005 Public Hearing (Elm Street Ordinance)

    2. Moved by Councilor Broxterman, seconded by Councilor Jepsen to accept the minutes of the February 22, 2005 Public Hearing (Elm Street Ordinance). Corrections: None.

    Motion Passed 9-0-0

  2. Minutes of the February 22, 2005 Regular Town Council Meeting

Moved by Councilor Broxterman, seconded by Councilor Jepsen to accept the minutes of the February 22, 2005 Regular Town Council Meeting. Corrections: None.

Motion Passed 9-0-0

  1. Public Communications and Petitions

    2. None.

  2. Executive Session

    3. None.

  3. Adjournment

Moved by Councilor Broxterman, seconded by Councilor Dean to adjourn the Regular Town Council Meeting at 9:50 p.m.

Motion Passed 9-0-0

Respectfully submitted,

 

Kristin Countryman

Clerk of the Windsor Town Council

Cc: Town Clerk

Main Library

Wilson Branch

 

CHAPTER 16

ARTICLE IV

 

AN ORDINANCE REGULATING THE USE OF MOTORIZED SCOOTERS, POCKET MOTORCYCLES ("POCKET BIKES") AND GO-CARTSON PUBLIC RIGHTS OF WAY AND ON PRIVATE PROPERTY

 

WHEREAS the sale of miniature motorcycles, motorized scooters and go-carts has increased dramatically in recent months; and

WHEREAS miniature motorcycles, also known as "pocket bikes", and go-carts are traditionally designed for use on closed courses and come in many styles and have a variety of load capacities, speed ratings and other operational characteristics; and

WHEREAS current state laws defining the various classifications of motor vehicles which may legally use public highways utilize many of these same operational characteristics so that different models of pocket bikes may fall into different classifications;

WHEREAS miniature motorcycles, motorized scooters, and go-carts do not meet many of the prerequisite safety standards and other requirements established under state law for registration as motor vehicles used on public highways; and

WHEREAS the use of miniature motorcycles, motorized scooters, and go-carts on public highways is unsafe and unwise because their size makes it difficult for other drivers to see them in traffic or at night;

WHEREAS the use of miniature motorcycles, motorized scooters, and go-carts on private property without permission constitutes a nuisance and trespass; and

WHEREAS the proliferation of miniature motorcycles, motorized scooters, and go-carts has exposed apparent gaps in the statutes of the State of Connecticut regarding the types of vehicles which may legally use public roadways.

NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF WINDSOR THAT Chapter 16, Article IV of the Windsor Town Code is hereby adopted as follows:

Section 1. Definitions and Interpretation

All terms used in this Article shall be interpreted in accord with the definitions thereof set forth in Connecticut General Statutes, Title 14 as that title may be amended or recodified from time to time except that the following defined term shall have the meaning indicated herein:

A. Motorized Scooter - A wheeled device other than a motor vehicle consisting of a platform of metal, wood, plastic or any other material designed for recreational purposes to carry its user in an erect position and which is propelled by the use of a small motor. The term "Motorized Scooter" shall not be construed to include either: (a) a wheelchair or any similar device used to provide transportation for any disabled person; or (b) a "Segway" or any similar device used to provide transportation for any person who possesses a valid motor vehicle operator's license.

B. Pocket Motorcycle ("Pocket Bike") - A two-wheeled vehicle other than a motor vehicle, bicycle with helper motor or a motorized scooter and which is propelled by an internal combustion engine, electric motor or other mechanical means; is capable of carrying a rider and/or passenger at a speed in excess of five (5) miles per hour; and is designed to replicate the general appearance of a motorcycle, regardless of the scale of the replication.

C. Go-Cart - A four-wheeled vehicle other than a motor vehicle, bicycle with helper motor or a motorized scooter and which is propelled by an internal combustion engine, electric motor or other mechanical means; is capable of carrying a rider and/or passenger at a speed in excess of five (5) miles per hour.

Section 2. Use of Public Streets Prohibited.

A. No person may operate any motorized scooter, pocket motorcycle, or go-cart within the limits of any public street or on property and/or under the control of the Town of Windsor or any of its agencies.

B. No person may ride as a passenger in or upon a motorized scooter, pocket motorcycle, or go-cart within the limits of a public street or on property and/or under the control of the Town of Windsor or any of its agencies.

Section 3. Use on Private Property.

A. No person may operate any motorized scooter, pocket motorcycle, or go-cart on private property without the written permission of the owner or agent of the owner of said property.

B. No person may ride as a passenger in or upon a motorized scooter, pocket motorcycle, or go-cart on private property without the written permission of the owner or the agent of the owner of said property.

Section 4. Penalties - Impoundment.

A. Penalties - Any person who violates any provision of this ordinance shall be punished by a fine of $100.00. Each offense shall constitute a separate violation.

B. Impoundment - In addition to the above penalty, any motorized scooter, pocket motorcycle, or go-cart may be taken into custody by a member of the Windsor Police Department and stored in a place to be designated by the Town Manager at the owner's expense to be held until such time as adequate arrangements are made by a responsible adult for it to be transported to an appropriate location. If no such arrangements are made within seventy-two (72) hours after notice to the owner or responsible adult, said motorized scooter, pocket motorcycle, or go-cart shall be deemed to be abandoned. Said notice may be given verbally, in writing, or by publication if the owner or responsible adult cannot be identified. If the notice is given verbally, the officer giving said notice shall make a record of the date, time, and person notified.

Section 5. Savings Clause

The enactment of this ordinance repealing specific sections of the prior ordinance as existing shall not operate as an abatement of any action or proceeding thereon now pending under or by the authority of said prior ordinance. All of said actions and proceedings are hereby ratified to be continued.

Section 6. Severability

All provisions of the Town Code in conflict herewith are hereby repealed and that if for any reason, any word, clause, paragraph, or section of this ordinance shall be held to make the same unconstitutional, this ordinance shall not hereby be invalidated and the remainder of the ordinance shall continue in effect. Any provision herein which is in conflict with the Connecticut General Statutes is hereby repealed, it being understood that said statutes shall take precedence over this ordinance.

Section 7. Effective Date

This ordinance shall become effective ten (10) days after publication in a newspaper having a substantial circulation in Windsor.

APPROVED AS TO FORM:

_____________________________

Town Attorney

ATTEST:

 

______________________________

Town Clerk

 

Distributed to Town Council: 3/7/05

Public Hearing Advertised: 3/11/05

Public Hearing: 3/21/05

Adopted: _______________________________

Advertised: _______________________________

Effective Date: _______________________________

AN ORDINANCE APPROPRIATING $940,000 FOR RECONSTRUCTION OF PLEASANT STREET FROM ITS INTERSECTION WITH POQUONUCK AVENUE EASTERLY TO THE VICINITY OF THE PLEASANT STREET RAILROAD BRIDGE AND RELATED AMENITIES AND IMPROVEMENTS, AND AUTHORIZING THE ISSUE OF BONDS AND NOTES TO FINANCE THE PORTION OF THE APPROPRIATION NOT DEFRAYED FROM GRANTS

BE IT HEREBY ORDAINED,

Section 1. That the Town of Windsor appropriate NINE HUNDRED FORTY THOUSAND DOLLARS ($940,000) for design, construction and installation costs in connection with the reconstruction of Pleasant Street from its intersection with Poquonuck Avenue easterly to the vicinity of the railroad bridge traversing Pleasant Street, including the reconstruction of approximately 3500 linear feet of roadway, replacement of existing sidewalks, drainage improvements, installation of curbing, minor landscaping and other related amenities and improvements. The appropriation may be spent for design and construction costs, equipment, materials, land or easement acquisition (in an amount not to exceed $10,000), engineering and consultant fees, administrative costs, printing, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project. The Town Engineer is authorized to determine the scope and particulars of the project, and may include within the scope of the project improvements along Pleasant Street to the east of the railroad bridge and installation of new sidewalks in the project area. The Town has submitted a pre-application for a Small Cities Community Development Block Grant in the amount of $600,000 to defray in part the appropriation.

Section 2. That the Town issue bonds or notes in an amount not to exceed NINE HUNDRED FORTY THOUSAND DOLLARS ($940,000) to finance the appropriation for the project. The amount of bonds or notes authorized shall be reduced by the amount of grants received by the Town for the project. The bonds or notes shall be issued pursuant to Section 7-369 of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts. The bonds or notes shall be general obligations of the Town secured by the irrevocable pledge of the full faith and credit of the Town.

Section 3. That the Town issue and renew temporary notes from time to time in anticipation of the receipt of the proceeds from the sale of the bonds or notes for the project. The amount of the notes outstanding at any time shall not exceed NINE HUNDRED FORTY THOUSAND DOLLARS ($940,000). The notes shall be issued pursuant to Section 7-378 of the General Statutes of Connecticut, Revision of 1958, as amended. The notes shall be general obligations of the Town and shall be secured by the irrevocable pledge of the full faith and credit of the Town. The Town shall comply with the provisions of Section 7-378a of the General Statutes if the notes do not mature within the time permitted by said Section 7-378.

Section 4. That the Town Manager and either the Treasurer or the Director of Finance of the Town shall sign any bonds or notes by their manual or facsimile signatures. The Director of Finance shall keep a record of the bonds and notes. The law firm of Day, Berry & Howard LLP is designated as bond counsel to approve the legality of the bonds or notes. The Town Manager and either the Treasurer or the Director of Finance are authorized to determine the amounts, dates, interest rates, maturities, redemption provisions, form and other details of the bonds or notes; to designate one or more banks or trust companies to be certifying bank, registrar, transfer agent and paying agent for the bonds or notes; to provide for the keeping of a record of the bonds or notes; to designate a financial advisor to the Town in connection with the sale of the bonds or notes; to sell the bonds or notes at public or private sale; to deliver the bonds or notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes.

Section 5. That the Town hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 that project costs may be paid from temporary advances of available funds and that (except to the extent reimbursed from grant moneys) the Town reasonably expects to reimburse any such advances from the proceeds of borrowings in an aggregate principal amount not in excess of the amount of borrowing authorized above for the project. The Town Manager and either the Treasurer or the Director of Finance are authorized to amend such declaration of official intent as they deem necessary or advisable and to bind the Town pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes authorized by this resolution, if issued on a tax-exempt basis, including covenants to pay rebates of investment earnings to the United States in future years.

Section 6. That the Town Manager and either the Treasurer or the Director of Finance are authorized to make representations and enter into written agreements for the benefit of holders of the bonds or note to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds or notes.

Section 7. That the Town Council, the Town Manager, the Treasurer, the Director of Finance, the Town Engineer and other proper officers of the Town are authorized to take all other action which is necessary or desirable to complete the project and to issue bonds, notes or other obligations or to obtain grants to finance the aforesaid appropriation.