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Windsor
Town Council – Public Hearing
Council
Chambers - Town Hall
March
21, 2005
Approved
Minutes
Mayor Trinks called the regular meeting to order at
7:30 p.m.
-
Roll Call – Present:
Mayor Trinks, Deputy Mayor Curtis, Councilor
Broxterman, Councilor Dean, Councilor Ellingwood,
Councilor Jepsen, Councilor Mulligan, Councilor
Simon and Councilor Walker
-
Prayer – Deputy Mayor
Curtis
-
Pledge of Allegiance
– Deputy Mayor Curtis
- Proclamations/Awards
None.
- Public Communications and Petitions
Mr. Robert Fromer, 398 Conestoga Street, addressed
the Council regarding the billions of dollars
available in grant money from the federal government
and private foundation funds available, yet the town
doesn’t have a grant writer. There is money
available to support some of the budget shortfalls. He
suggested keeping a spreadsheet of projects that are
needed and to pursue the grants. In some cases, there
is no one competing for these grants. He also
discussed the letter he submitted as testimony to the
Planning & Zoning Committee. He researched it and
the Planning Staff was not reviewing what the
Engineers are presenting to them. The Planning Staff
assumes that the Engineer staff hired by the State is
honest and accurate. If the Planning Staff is unable
to do so, someone can be hired and the cost can be
passed onto the applicant, according to State statute.
Mr. Bradshaw Smith, 23 Ludlow Road, talked about
the tentative approval of the Capital Improvement
Plan. It is missing several items, to name a few: the
stairs are in disrepair, the renovation of the Wilson
Library, the monument or globe at the intersection of
Deerfield Avenue is in disrepair, and potential
Veteran’s Pool repairs.
- Report of Appointed Boards and Commissions
- Public Building Commission
Mr. Joseph Novak, Chair, reported to the Council.
Welch Pool Renovation – the contractor has
returned to install new piping around the pool.
Clover Street Window Replacement Project – three
bids have been received and the lowest bidder was
within budget. We are still negotiating and will
prepare a contract tomorrow. They are trying to
institute a completion bonus and a penalty for late
payments.
L.P. Wilson – is still awaiting punch list.
Library Expansion Project – has started
construction and is moving along. The footing for the
western portion of the addition has been poured, the
asbestos has been removed. However, asbestos was found
under the HVAC. HVAC demo work is going on. It is
moving along schedule.
Councilor Jepsen applauded the completion bonus and
penalty for the Clover Street Window Replacement
Project. He asked about the building use survey. Mr.
Novak said that they discussed it during their meeting
and are in favor of it, but they do not have the
resources at this time.
Councilor Broxterman asked if the finding of the
additional asbestos at the library would delay the
project. Mr. Novak said he doesn't believe so, but
time will tell.
- Commission on Aging & Handicapped
Mr. Lee Hoffman reported to the Council. He
discussed the senior center being on the CIP. They are
working on a new initiative concerning better
inclusion of handicapped individuals in town. The
group is developing a program to be held at Sage Park
Middle School. While they do not expect the costs to
be much, they will seek some funds to cover costs. The
Commission has been very active concerning property
tax issues for seniors. They invited members of the
General Assembly to their meeting to discuss this
issue. Other states are considering options such as
capping taxes based on years of homeownership, age of
homeowner, etc.
Councilor Simon added that the Finance Committee
has reviewed the options for Senior tax relief. The
state property tax credit for senior citizens is not
being fully utilized in the Town of Windsor. Only
about 1/3 of those eligible have used it. The town
staff has created a booklet about current relief
programs. He is very optimistic that they will be able
to provide a tax freeze for all citizens this year.
Councilor Dean asked about the disability program
and if a budget was prepared. Mr. Hoffman said that
the budget is in the process. It’s in the hundreds,
not thousands of dollars.
-
Town
Manager’s Report
Caring
Connection Receives Grant Funding
The
Caring Connection Adult Day Health Center received
notice from the Hartford Foundation for Public Giving
that they will be the recipients of $4,000 from the
Archer Foundation and $9,625 for the Brainard Fund.
This $13,625 is a $500 increase from last year. All of
this funding goes directly into the pockets of the
caregivers as financial aide to pay for Adult Day
Care. Congratulations to Deb Boemmels and the staff at
Caring Connection for their continuous efforts in
seeking funding alternatives for their clients.
Community
Forum Tomorrow Night
A
community forum on the budget process will be held on
Tuesday, March 22, 2005 in the Windsor Town Hall
Council Chambers from 7:00 PM to 9:00 PM. I will
provide a brief presentation on the process used to
develop the town’s budget. An informal question and
answer period will be held with those in attendance.
In addition, residents can learn more about the town’s
budget process by reading the "Citizen’s Guide
to the Windsor Town Budget," a publication
available at Town Hall, Windsor libraries and the L.P.
Wilson Community Center. The guide is also available
on the Town of Windsor’s website at www.townofwindsorct.com.
For more information, call 285-1835.
Flashlight
Easter Egg Hunt Re-Scheduled
Due
to snow still being on the ground, the Flashlight Egg
Hunt scheduled for last Friday was postponed and will
be held this Thursday evening, March 24th
on the town green beginning at 7:00 PM. For more
information, call Recreation Services at 285-1990.
Proposed
Pedestrian Plan for Capitol Region
The
Capitol Region Council of Governments (CRCOG) is
proposing to adopt a Pedestrian Plan for the Capitol
Region. A Public Information meeting on this draft
plan has been scheduled for Tuesday, March 29, 2005,
at 7:00 PM here at Town Hall, in the Council Chambers.
A link has also been added to the front page of the
town’s website for those who would like to learn
more details of the proposed plan.
Street
Sweeping Schedule
Sweeping
of all town streets and town parking lots will begin
this week.
The order of streets to be swept is rotated each
year so that no one neighborhood is done first or
last. This year, crews will begin sweeping in the
Wilson area and head north to the center of town.
After the center is complete, the crews will sweep the
Poquonock portion of town and then the Bloomfield
Avenue, Dudley Town and Matianuck portion of town.
The school parking lots will be swept during school
vacation, and the Day Hill Corporate Corridor will be
swept over two Saturdays during that same time.
For a complete, detailed list of the street
sweeping schedule, please visit the town website at www.townofwindsorct.com
It is estimated that this schedule will be completed
by the first week of June, weather permitting.
Trend
in Personal Property Values
Councilmember
Ellingwood recently inquired about the trend regarding
personal property value. The Tax Assessor has compiled
information for the period 1995 through 2004. Since
1995, the assessment value has risen from $219 million
to $305 million dollars.
Although we have seen an overall increase, there are
fluctuations in value due to companies relocating part
or all of their operations to and from Windsor. For
example, in 1996 Aetna made two business decisions which
resulted in a loss of over $19 million in taxable
personal property.
In 2002, JDS Uniphase closed their Windsor branch and
moved over $15 million worth of property. This loss was
offset by a significant increase in equipment at other
businesses.
Pleasant
Street
At
the last Council meeting there was a question concerning
the estimated interest savings if Pleasant Street
improvements were cash funded versus bond financed.
The estimated interest savings would be $445,000 on a
$340,000 bond issue. We would forgive approximately
$305,000 in interest earnings over the life of the bond.
Therefore, the net cost would be $140,000.
Councilor Ellingwood said we need some measure of the
change that the residential taxpayers value versus the
commercial taxpayer property.
Councilor Jepsen asked if we sweep the sand on State
roads. Mr. Brian Funk, Director of Public Works, said
that they do not normally sweep the sand on State roads.
Councilor Walker asked Town Manager Souza to look
into the comments made by Mr. Fromer regarding the
Planning Staff.
Councilor Broxterman asked if the telephone work on
the lower level of Bloomfield Avenue was finished
because they look to be leaning. Town Manager Souza said
that he will look into that.
Communication from Council Members
Councilor Broxterman – congratulated the WHS
Girls Basketball team, who were runners up last week.
Last Council meeting, he requested a list from the
Board of Education for the committee members involved
in the hiring of the High School Principal. Some of
that process is confidential because they are
personnel interviews. If you have any questions, call
Mark Winzler, Board of Education Director of Human
Resources, at 687-2000, x229.
Councilor Dean – None.
Councilor Ellingwood – None.
Councilor Jepsen – None.
Councilor Mulligan – None.
Councilor Simon – None.
Councilor Walker – None.
Deputy Mayor Curtis – stated there is a major
bonding issue that may be coming from the Metropolitan
District Commission (MDC) regarding sewage issues.
There will be lots of information coming out of the
MDC. Last week, the MDC hired Charles Sheehan as the
CEO. He comes with strong credentials and it looks
like he will be a very good asset to the MDC. He
commended Town Manager Souza for his letter to the
Mayor of Hartford regarding the possible annexation of
Keney Park. He hopes that there will be continued
discussion.
Mayor Trinks – None.
- Reports of Standing Committees
-
Finance
Committee - the next meeting will be on Wednesday,
March 23rd to discuss the Town Manager’s
proposed budget.
-
Town
Improvements Committee – met last week to review
the CIP and possible use of STEAP funds for the
Radio Museum.
-
Health
and Safety – met this past week to discuss the
impact and issue of the pocket motorcycles later in
the agenda.
-
Special
Projects – met last week to discuss item 11. B. on
the agenda.
-
Joint
Board of Education and Town Council Committee –
met prior to this meeting to discuss the FY 05/06
budget and the principal search of the high school.
-
Personnel
Committee – None.
- Ordinances
None.
- Unfinished Business
- Approval of reallocation of STEAP funds from Plaza
Building to Vintage Radio and Communications Museum
for relocation to Pierson Lane
Moved by Deputy Mayor Curtis, seconded by Councilor
Walker that the Town Manager be authorized to request
the State of Connecticut to allow the reallocation of
$100,000 of STEAP funds from the Plaza Theater project
to the Radio Museum project and further that the Town
Manager be authorized to execute and submit necessary
documentation in support of that reallocation.
Mr. James Burke, Economic Development Director,
gave an overview of the request. The Town Improvements
Committee met on March 14th and voted
unanimously to recommend to the Town Council that this
item be presented and approved.
Mayor Trinks commented that we don’t have the
money and the commitment at this time and that there
is the possibility that the extension may not be
granted. Mr. Burke said that the likelihood is that if
the funds are not available, they will not be able to
convert the building quickly. The museum’s
likelihood of opening and becoming successful will be
greatly affected by this.
Motion Passed 9-0-0
- Approval of proposed amendments to personnel rules
regarding disability benefits
Moved by Councilor Walker, seconded by Deputy Mayor
Curtis that the Personnel Rules be amended as proposed
in Attachment One (1).
Ms. Amelia Bliss, Director of Human Resources,
discussed the proposed changes to the Personnel Rules.
The town has been researching and assessing the
feasibility of modifying the current short-term
disability plan and offering a long-term disability
plan for employees. The objective was to fill the gap
in coverage in cases where the employee has a
permanent disability or a disability that lasts for
more than one year. The secondary objective is to
allow management flexibility in filling positions
sooner when it is known that the employee is
permanently disabled.
The Special Projects Committee met on March 14th
and voted unanimously to recommend that the Town
Council adopt the proposed changes to the personnel
rules as presented.
Councilor Ellingwood asked why the change was made
and was it to move to the benefits that large
companies offer. Ms. Bliss said that it is one of the
reasons, however, it is to cover the gap in the
disability benefit.
Councilor Dean added that it brings the benefits in
line with the 21st Century. It saves money
for the town long-term and provides an upgraded
benefit for the employees.
Motion Passed 9-0-0
- Approve 2006-2011 CIP
Moved by Deputy Mayor Curtis, seconded by Councilor
Jepsen, that the FY 2006 – 2011 Capital Improvements
Program be approved as presented.
The Town Improvements Committee met on March 14th
and voted unanimously to recommend that the Town
Council adopt the proposed FY 2006-2011 Capital
Improvements Program as presented.
Councilor Ellingwood asked about improvements
needed at the Wilson Library. Mr. Brian Funk, Director
of Public Works, said that when the addition was made,
it was provided for a separate HVAC system and
lighting, etc. for the Community Room, but did not
attach it to the original system. It has been
problematic. In order to properly address those
issues, we need to tie the separate HVAC system into
the main HVAC at the Wilson Library. It is not ready
to be placed into the CIP at this time. The project is
projected to be a bit large. Once the packet is
completed, it will be added to the following year’s
CIP.
Councilor Simon asked about the methane gas
collection figures in the CIP and asked if they have
changed since we have almost completed the system.
Town Manager Souza said that the numbers have not
changed, we are probably a good three months from
providing better numbers. It is likely that the
projected costs will be less, but we are being
cautious pending DEP review in the coming months.
Councilor Jepsen commented that the landfill
transfer station of $257,000 bonding money be removed
from this CIP. He added that the Town Manager agreed
to bring it up to the Council this summer following
the budget since there is a two-year DEP review
period.
Councilor Broxterman discussed the unscheduled
projects. He asked about the Day Hill Road project and
how close are we to capacity. Town Manager Souza said
that the volumes and level of service and congestion
are monitored on an annual basis. It is difficult to
make those projections depending on the types of
industries that are located there. Mr. Tom Lenehan,
Town Engineer, added that traffic signals, right lane
turn-ins, etc. can be options. We are also reviewing
the new development impacts on Day Hill Road.
Councilor Mulligan asked about the study of traffic
on Bloomfield Avenue. Mr. Lenehan responded that the
study was approved for funding by the Capital Region
Council of Governments and expect it to be funded in
2006. Councilor Mulligan asked about the Town Green
Improvement of picnic tables and chairs. Mr. Funk said
that at least six picnic tables are placed on the
Green during the summer months which are used quite
heavily for concerts and other special events. Town
Manager Souza added that they will not be in a fixed
location.
Town Manager Souza added that from a financial
planning perspective, whatever we borrow in FY06 would
increase the budget in FY07.
Motion Passed 9-0-0
- New Business
- 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."
Resolved by Councilor Broxterman, seconded by
Councilor Walker, that the reading into the minutes of
the text of the 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" 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 Broxterman, seconded by
Councilor Walker, that 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" be introduced.
Councilor Broxterman said that it is our Police
Department’s experience that these recreational
vehicles are unsafe, being low to the ground and used
by mostly young people. The Health & Safety
Committee met on March 15th and voted
unanimously to recommend that the Town Council adopt
the proposed ordinance as presented.
Councilor Mulligan noted the "capable of
speeds in excess of five miles per hour" and
asked if we should drop that limitation. Police
Captain Lepore said that there is no state law or
regulation on this, so we mirrored what the
surrounding communities have enacted. We can review
and revise this.
Councilor Dean said that it has been a problem with
young people riding on other people’s property and
damaging it. The other issue is the pocket bikes in
the street and the potential of danger in doing so.
Councilor Simon asked about impoundment and the
specific numbers of complaints, which he brought up at
the last meeting. Police Captain Lepore said that for
2004, depending how it was entered, there were eleven
calls from April to October in the juvenile calls.
There were four additional calls searching with pocket
bike. There may be additional calls that were entered
differently. With impoundment, an owner has a certain
amount of time to retrieve their property. If it is
not picked up during that time, it is considered
abandoned. If property is considered to be illegal it
is considered contraband and we take possession of it.
Councilor Simon added that he thinks impoundment for
the first offense is excessive. Captain Lepore said
that an impoundment is at the discretion of the
officer, it is not automatic.
Councilor Jepsen asked if State law gives us
permission to enact a law like this. Captain Lepore
said that it does, it just can’t be inconsistent
with State laws.
Councilor Mulligan asked for the statute number for
dirt bikes. Captain Lepore noted CGS §14-379, section
23-26A, and 14-380, specifically speaks to the
operation without a valid registration.
Councilor Simon asked about a juvenile receiving a
$100 fine. Captain Lepore said that it would be
referred to by the Juvenile Review Board. If they
imposed the fine, it would go to the Juvenile Court
System.
Councilor Dean said that these pocket bikes are
just made unsafe. The companies making them are not
considering safety, they are thinking profits.
Motion Passed 9-0-0
- Set a Public Hearing for April 4, 2005 at 6:45
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."
Resolved by Councilor Broxterman, seconded by
Councilor Walker that a Public Hearing be scheduled
for April 4, 2005 at 6:45 p.m. (prevailing time) on
the following 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" and
BE IT FURTHER RESOLVED, that the Town Clerk is
authorized and directed to post and publish notice of
said Public Hearing.
Motion Passed 9-0-0
- Introduce ordinance entitled, "AN ORDINANCE
ENACTING AND ADOPTING THE REPUBLICATION OF THE CODE
OF ORDINANCES FOR THE TOWN OF WINDSOR".
Resolved by Councilor Mulligan, seconded by
Councilor Broxterman, that the reading into the
minutes of the text of the ordinance entitled,
"AN ORDINANCE ENACTING AND ADOPTING THE
REPUBLICATION OF THE CODE OF ORDINANCES FOR THE TOWN
OF WINDSOR" 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
The town has changed vendors that codify the Code
of Ordinances due to a lack of performance as well as
a cost savings measures. It is under the
recommendation of the vendor and the Town Attorney
that this be brought to the Town Council for adoption
of the Republication of the Code of Ordinances. It
historically draws a line.
Councilor Simon suggested that the Council review
the book prior to voting on it.
Resolved by Councilor Mulligan, seconded by
Councilor Ellingwood, that an ordinance entitled,
"AN ORDINANCE ENACTING AND ADOPTING THE
REPUBLICATION OF THE CODE OF ORDINANCES FOR THE TOWN
OF WINDSOR" be introduced.
Motion Passed 9-0-0
- Set a Public Hearing for April 4, 2005 at 7:00
p.m. to hear an ordinance entitled, "AN
ORDINANCE ENACTING AND ADOPTING THE REPUBLICATION OF
THE CODE OF ORDINANCES FOR THE TOWN OF
WINDSOR".
Resolved by Councilor Mulligan, seconded by
Councilor Jepsen that a Public Hearing be scheduled
for April 4, 2005 at 7:00 p.m. (prevailing time) on
the following ordinance entitled, "AN ORDINANCE
ENACTING AND ADOPTING THE REPUBLICATION OF THE CODE OF
ORDINANCES FOR THE TOWN OF WINDSOR" and BE IT
FURTHER RESOLVED, that the Town Clerk is authorized
and directed to post and publish notice of said Public
Hearing.
- Authorize the Town Manager to execute an
application to the State of CT State Library for a
Historic Preservation Grant
Resolved, by Councilor Walker, seconded by
Councilor Dean that the Town Manager of Windsor is
authorized to execute and deliver in the name of and
on behalf of this municipality, an application and
contract with the State Library for an Historic
Preservation Grant.
By State Statute, the Town Clerk is charged with
maintaining, restoring and conserving town records.
This grant money assists in continuing to restore
these maps.
Councilor Jepsen asked if we are restoring the maps
in any particular order. The Town Clerk said that we
looked through them and pulled the ones that would be
used the most. These are maps that are used every day
by searchers. All of the maps are filmed and on CDs.
Motion Passed 9-0-0
- Authorize an appropriation of $75,000 for the
Public Building Commission to initiate Facility
Planning and Reuse Study
Moved by Councilor Broxterman, seconded by
Councilor Ellingwood that the Public Building
Commission is authorized to initiate and complete the
Facility Planning and Reuse Study and that $75,000 be
appropriated from Capital Outlay. The certification
verifies that funds in the amount of $75,000 are
available in the Capital Outlay fund to and can be
appropriated for this project as certified by the
Finance Director.
As part of their review of the proposed CIP, the
Town Improvements Committee recommended that the
Council move forward with charging the Public Building
Commission to initiate this study and to allocate
$75,000 to fund the project.
In an effort to complement the recently completed
concept studies concerning an early childhood learning
center/full-day kindergarten and a senior center
facility, staff proposes to extend the studies to
include other services and facility needs. This is
proposed in an effort to develop a multi-year plan to
include the reuse of existing buildings.
This project is anticipated to be funded through
the Capital Outlay Fund. The Capital Outlay Fund
unreserved undesignated balance is approximately
$665,000.
Councilor Mulligan would prefer to see this come
out of the General Fund since we aren’t sure what
the scope of the study will be and some projects may
not be capital projects. Town Manager Souza said that
is a possibility. However, staff recommends it come
from the Capital Outlay Fund.
Councilor Simon hoped that the study would be more
expansive to let the Commission look at all public
buildings. He asked about the Board of Education’s
involvement. Town Manager Souza said that similar to
the Public Building Commission’s (PBC) dealings with
the Board of Education, there is a Facilities Manager
involved with the PBC. Town Manager Souza will
recommend that other staff members be involved in
different stages of this planning process.
Councilor Walker asked how the funding amount was
derived. Town Manager Souza said that it was derived
based on consultant fees, preliminary site
evaluations, preliminary evaluation costs (space,
heating, etc.)
Councilor Broxterman said he has been quietly
lobbying for this for quite some time. Besides the
idea of whether we rebuild or remodel, we need to
determine if we reinvest in certain plants that may
have outlived their return investment. This should
include the Wilson Library. There have been ideas that
have come in front of the Council in the past that we
chose not to act on (the Open Air Pavilion and the
Hockey Rink). Perhaps they could be reviewed if it
makes financial sense. This is an opportunity for us
to really look at a comprehensive plan so we don’t
have to make decisions on a stop gap basis.
Mayor Trinks said it would be good to get an
outside objective on these issues and he supports the
study.
Councilor Jepsen agreed that this is a good
project, but feels that the money should come from the
General Fund. He made a friendly amendment that the
funds come from the General Fund, Undesignated.
Motion Passed 7-2-0 with Councilors Simon and
Broxterman opposing.
Moved by Councilor Jepsen, seconded by Councilor
Broxterman to relocate Agenda Item 12. G. to appear
after Item 15 A.
Motion Passed 9-0-0
- Approve lease of 118 Palisado Avenue to the
Recovery Club
- Resignations and Appointments
Moved by Councilor Mulligan, seconded by Councilor
Jepsen to accept the resignation of James Pacino from
the Youth Commission.
Motion Passed 9-0-0
Moved by Councilor Mulligan, seconded by Councilor
Jepsen to:
Item C: Appoint Patricia Hays to the Commission
on Aging & Handicapped as a Republican member for
a three year unexpired term to expire January 31, 2006
or until a successor is appointed
Item L: Reappoint Nellie Holmes Mason to the
Human Relations Commission as a Republican member for
a three year term to expire May 31, 2008 or until a
successor is appointed
Item Z: Reappoint Nellie Holmes Mason to the
Wilson/Deerfield Advisory Committee as a Republican
member for a three year term to expire April 30, 2008
or until a successor is appointed
Item EE: Reappoint Violet Nahabedian to the
Wilson/Deerfield Advisory Committee for a three year
term to expire April 30, 2008 or until a successor is
appointed.
Motion Passed 9-0-0
- Minutes of Preceding Meetings
- Minutes of the March 7, 2005 Regular Town Council
Meeting
Moved by Councilor Broxterman, seconded by
Councilor Dean to accept the minutes of the March 7,
2005 Regular Town Council Meeting. Corrections: Page 4
paragraph 3, Councilor Broxterman asked should
be Councilor Simon asked.
Motion Passed 9-0-0
- Public Communications and Petitions
None.
Moved by Councilor Jepsen, seconded by Councilor
Broxterman to enter into Executive Session at 10:14
p.m. for the purpose of:
- Discussion of the selection of a site or a lease,
sale or purchase of real estate (Sill House)
- Executive Session
Present: Mayor Trinks, Deputy Mayor Curtis,
Councilor Broxterman, Councilor Dean, Councilor
Ellingwood, Councilor Jepsen, Councilor Mulligan,
Councilor Simon and Councilor Walker
Staff: Town Manager Peter Souza; Facilities Manager
Alan Neumann
Guests: Town Attorney Vincent Oswecki
Moved by Councilor Broxterman, seconded by
Councilor Jepsen to exit Executive Session at and
re-enter the Regular Town Council session at 10:55p.m.
Motion Passed 9-0-0
- Adjournment
Moved by Councilor Broxterman, seconded by
Councilor Jepsen to adjourn the Regular Town Council
Meeting at 10:56 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 ENACTING AND ADOPTING THE REPUBLICATION
OF THE CODE OF ORDINANCES FOR THE TOWN OF WINDSOR
WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has
completed a revision to the Charter and Code of Ordinances of the Town of
Windsor whereto this date in one book entitled Town of Windsor, Connecticut
Code of Ordinances;
WHEREAS, American Legal Publishing Corporation has recommended the adoption
of this revision;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WINDSOR:
Section 1. ADOPTION.
That the 2005 Town of Windsor, Connecticut Code of Ordinances as
submitted by American Legal Publishing Corporation of Cincinnati, Ohio, as on
file in the office of the Windsor Town Clerk and incorporated herein by
reference is hereby adopted in its entirety.
Section 2. SAVINGS CLAUSE.
The adoption of this revision and republication of the Town Charter and
Ordinances in no way repeals or modifies said Charter and Ordinance provisions
and any inconsistency shall be resolved in the favor of the Charter and Code
of Ordinances as previously published. Further, the enactment of this
ordinance adopting the republication of the Charter and Code of Ordinances
shall not operate as an abatement of any action or proceeding now pending
under or by the authority of said prior publications. All of said actions or
proceedings are hereby ratified to be continued.
Section 3. 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 4. 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: 3/25/05
Public Hearing: 4/4/05
Adopted: 4/4/05
Advertised: 4/8/05
Effective Date: 4/18/05
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