2005 Minutes  

 

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.

  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 – Deputy Mayor Curtis

  3. Pledge of Allegiance – Deputy Mayor Curtis

  4. Proclamations/Awards
  5. None.

  6. Public Communications and Petitions
  7. 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.

  8. Report of Appointed Boards and Commissions
  1. Public Building Commission
  2. 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.

  3. 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.

  1. Town Manager’s Report

  2. 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.

  3. 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.

  1. Reports of Standing Committees
  1. Finance Committee - the next meeting will be on Wednesday, March 23rd to discuss the Town Manager’s proposed budget.

  2. Town Improvements Committee – met last week to review the CIP and possible use of STEAP funds for the Radio Museum.

  3. Health and Safety – met this past week to discuss the impact and issue of the pocket motorcycles later in the agenda.

  4. Special Projects – met last week to discuss item 11. B. on the agenda.

  5. 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.

  6. Personnel Committee – None.

  1. Ordinances
  2. None.

  3. Unfinished Business
  1. Approval of reallocation of STEAP funds from Plaza Building to Vintage Radio and Communications Museum for relocation to Pierson Lane
  2. 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

  3. Approval of proposed amendments to personnel rules regarding disability benefits
  4. 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

  5. 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

  1. New Business
  1. 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."
  2. 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

  3. 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."
  4. 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

  5. Introduce ordinance entitled, "AN ORDINANCE ENACTING AND ADOPTING THE REPUBLICATION OF THE CODE OF ORDINANCES FOR THE TOWN OF WINDSOR".
  6. 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

  7. 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".
  8. 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.

  9. Authorize the Town Manager to execute an application to the State of CT State Library for a Historic Preservation Grant
  10. 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

  11. Authorize an appropriation of $75,000 for the Public Building Commission to initiate Facility Planning and Reuse Study
  12. 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

  13. Approve lease of 118 Palisado Avenue to the Recovery Club
  1. 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

  1. Minutes of Preceding Meetings
  1. 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

  1. 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:

  1. Discussion of the selection of a site or a lease, sale or purchase of real estate (Sill House)
  1. Executive Session
  2. 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

  3. 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