TOWN OF EAST WINDSOR
SPECIAL TOWN MEETING
APRIL 27, 2006
11 RYE STREET
BROAD BROOK, CT 06016
7:30 PM Linda Roberts, First Selectman called the meeting to order.
Marie DeSousa nominated George Butenkoff as Moderator. Second by Tom Sinsigallo.
Linda Sinsigallo moved nomination be closed. Second by Towm Sinsigallo.
Linda Roberts called for all those in favor of nominations to be closed. Aye have it.
Linda Roberts All in Favor of George Butenkoff? Aye have it.
George Butenkoff, Moderator called for the Acting Town Clerk Elizabeth Burns to Read Notice of Meeting.
George Butenkof, Moderator read statement of Eligibility to Vote.
George Butenkoff, Moderator then asked for the reading of Resolution #1.
To adopt an ordinance entitled, "TOWN OF EAST WINDSOR CODE OF ETHICS". Copies of the proposed ordinance are available in the Town Clerk's Office.
Item #1
The following resolution was introduced and read by Noreen Farmer, 247 South Water Street who moved that the foregoing resolution be adopted.
Resolved to adopt an ordinance entitled,
“TOWN OF EAST WINDSOR CODE OF ETHICS”
SECTION 1 PURPOSE
The purpose of these standards is to guide Town officials, elected and appointed, and Town employees by establishing standards of conduct for persons in the decision making process. It is intended to strengthen the tradition of good government in East Windsor by helping to ensure that government decisions and policies be made free from undue influence and in the proper channels of government structure; that public office not be used for unauthorized personal gain; and that the public have confidence in the integrity of it’s government.
SECTION 2 DEFINITIONS
In this Ordinance, the following terms are defined as follows:
2.1 Official shall mean all elected and appointed individuals in the executive or legislative branches of the Town, including the Board of Education to the extent that the provisions of this ordinance may lawfully apply to the school district, and members and alternates of all Town agencies..
2.2 Employee shall include all individuals who receive income, weekly or otherwise, from the Town, or who are responsible for taking or recommending official action of the Town of a non-ministerial nature..
2.3 Agency shall mean all departments, boards, commissions, authorities, and committees, including advisory working groups, of the executive or legislative branches of the Town, including the Board of Education to the extent that the provisions of this ordinance may lawfully apply to the school district.
2.4 Ministerial action shall mean an action that a person performs in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to, or he exercise of, the person’s own judgment upon the propriety of the action being taken.
SECTION 3 STANDARDS OF OFFICIAL CONDUCT
3.1 Conflicts of Interest
a. Any elected or appointed official or employee of the Town, or of a commission, department, or agency of the Town who knowingly has a conflict or potential conflict of interest between him or her and his or her position with and responsibilities to the Town, commission, department, or agency, (1) shall submit to the First Selectman in writing, a statement concerning the existence and the nature of such conflict, and (2) where the conflict or potential concerns a financial interest, the statement shall include a description of the financial interest that constitutes the conflict or potential conflict. Such official shall recuse themselves from the decision making process.
b. “Conflict of interest” shall mean an interest, direct or indirect, personal or financial, that is incompatible with the proper discharge of the official’s or employee’s responsibilities to the Town, commission, department or agency, or that would tend to impair his or her independent judgment or action in the performance of his or her official responsibilities.
3.2 Disclosure of Confidential Information
No official or employee shall disclose or use any confidential information obtained in an official capacity except in the discharge of his or her public duties. The term confidential shall not be used to restrict the release of any information that is properly available to the public.
3.3 Gifts and Favors
No official or employee or member of his or her immediate family shall solicit or accept any gift or favor in excess of $100.00 * in value in any calendar year, whether in the form of service, income, a loan, a gift or other thing of value, a promise, or in any other form from any person or entity who to his or her knowledge is interested directly or indirectly in any manner whatsoever with respect to personal or business dealings with the Town.
3.4 Use of Town Assets
No official or employee shall use or permit the use of Town funds, services, property and equipment, owned or leased vehicles, or materials for personal convenience or profit, except when such services are available to the public generally or are provided in conformance with established Town policies.
3.5 Representation of Private Interests
No official or employee shall appear on behalf of private interests before any agency of the Town, nor shall he or she represent any private interest in any action or proceeding against the Town in any litigation or other proceeding when such appearance or representation would be in conflict with or would impair his or her independence of judgment and action in the performance of his or her official duties as such official or employee.
3.6 Use of Influence
No official or employee shall solicit any business, gift or favor directly or indirectly, from another official or employee over whom he or she has any tenure, compensation, duties, or from any vendor or third party doing business with the Town.
3.7 Incompatible Employment
No official or employee shall engage in any employment or services which will impair his or her independence or judgment as to official duties or require or induce disclosure of confidential information gained in Town service.
3.8 Fair and Foul Treatment
No official or employee shall grant or withhold any consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
* 2004 Change by Board of Ethics - State and Municipal Ethics Code
SECTION 4 ETHICS COMMISSION
4.1 Establishment
An Ethics Commission as provided in the Town Charter, shall consist of five members who shall be electors of the Town, no more than the bare majority of whom shall be of the same political party Each member shall serve for a four (4) year term following the initial term established by the Board of Selectmen on January 24,1991. No official or employee of the Town shall be eligible to serve on the Commission. Vacancies shall be filled according to the Town Charter.
4.2 Organization and Procedures
The Ethics Commission shall elect from amongst its members a Chairman and a Secretary, and shall establish its own rules and procedures, which shall be made public. The need to maintain confidentiality shall be considered pursuant to State 1-82a when establishing the rules and procedures, and official opinions of the Commission shall require a minimum of four (4) affirmative votes for adoption.
4.3 Power and Duties
(A) Advisory Opinions. Upon written request or on its own initiative, the Commission may render advisory opinions with respect to the requirements of this Code of Ethics. Any request or opinion, the disclosure of which invades the personal privacy of any individual (as that term is used in the Connecticut General Statutes Section 1-19 shall be kept confidential in a personnel or similar file and shall not be subject to public inspection or disclosure. The Commission may make available to the public such advisory opinions as do not invade an individual’s privacy, and may take other appropriate steps in an effort to increase public awareness of this Code of Ethics.
(B) Complaints. The Commission shall establish a procedure by which the public may initiate complaints alleging violations of this Code, provided however, that no such complaint shall be received for a violation alleged to have occurred more than five (5) years prior to the date of such receipt. On its own initiative or upon receipt of a written complaint alleging, under oath or affirmation, a violation of these standards of official conduct, the Commission shall determine by a minimum of four (4) affirmative votes whether or not sufficient cause exists to warrant an inquiry. Unless the Commission makes such a finding, a complaint alleging a violation shall be dismissed and kept confidential, except upon receipt of a request to the contrary by the
respondent.
(C) Hearing procedure. Following its inquiry, in the event that the Commission, by a minimum of four (4) affirmative votes, determines that probable cause exists to believe that a violation of this Code has occurred, it shall conduct a public hearing thereon, which hearing shall be held no later than sixty (60) days thereafter. The Commission shall give public notice of the date fixed for said hearing at least fourteen (14) days prior thereto. The Commission shall have the power to administer oaths and compel the attendance of witnesses by subpoena. All parties shall be entitled to counsel, to present evidence, and to examine and cross-examine witnesses. The public hearings of the Commission shall be recorded at public
expense.
(D) Decision by Commission. The Commission shall, within thirty (30) days after conclusion of the public hearing, file a memorandum of decision. If the Commission determines by the minimum of four (4) affirmative votes that the respondent has in fact violated a provision of this Code, its Memorandum shall include a recommendation for appropriate action, taking into account the respondent’s intent and willfulness in respect to said violation. Said Memorandum shall be presented to the Board of Selectmen, except with respect to individuals under the jurisdiction of the Board of Education, in which case the Memorandum of Decision shall be filed with the Board of Education with simultaneous copy to the Board of Selectmen. No such recommendation
shall limit the authority of the Board of Selectmen under the Charter of the Town of East Windsor.
(E) Penalties for Violation. The penalties for violation of this Code shall include:
(1) Public censure or reprimand;
(2) Suspension for up to ninety (90) days or dismissal of a public employee;
(3) $1,000.00 civil penalty; and/or
(4) Restitution of any pecuniary benefit received.
4.4 Procedures for Filing a Complaint
(1) All complaints must be filed directly with the Ethics Commission, hand delivered or mailed to the Town Hall.
(2) Complaint must be signed under penalty of false statement
(3) The complaint must be filed within five (5) years of the alleged violation.
(4) The respondent is to be notified via certified mail within ten (10) business days of the Commission’s receipt of the complaint.
(5) The Commission shall review the complaint and determine whether the allegations constitute a violation of the ethics code, taking action as follows:
A) If not, it shall dismiss the complaint and notify the parties
B) If so – it shall fix a date for a hearing that shall commence within 60 days of the filing of the complaint.
(6) Legal representation at Hearings
A) All parties may be represented by legal counsel
B) All parties may cross-examine witnesses
(7) Confidentiality
A) Complaint is confidential unless the respondent requests otherwise
B) Commission can conduct a preliminary investigation and no information may be publicized by anyone involved
C) A determination of no violation shall be kept confidential except upon the request of the respondent
D) Notification of termination of the investigation or hearing shall be sent to the parties within 3 business days via certified mail
(8) Finding a violation
A) Finding made public within 5 business days of the termination or hearing
B) Entire record of the investigation becomes public
C) Provide parties with summary of its findings within 3 business days of termination or hearing
D) Respondent may appeal the decision to the superior court within 30 days
(9)Penalties for Violation
A) Public censure or reprimand
B) Suspension up to 90 days or dismissal of public employee
C) $1,000.00 civil penalty
D) Restitution of any pecuniary benefits received
SECTION 5 COPIES OF CODE OF ETHICS
A copy of the Ethics Code shall be given to all public officials and public employees and a
signed receipt should be obtained therefore and maintained by the Town Clerk.
Said ordinance shall become effective fifteen (15) days from publication thereof.
Second by Steve Knibloe, 14 Ellsworth Road, Broad Brook.
George Butenkoff, Moderator called for a discussion.
Marie DeSousa, 10 Rice Road, East Windsor.
I have a concern with the going back five years as a lot of information is going to be miscommunicated or remembered incorrectly. I feel it should be within a year while it is fresh on everybody's mind. The second concern I have is it does not say who is going to have the authority to collect the $1,000 What happens if the $1,000 isn't paid and even if that fine should be imposed. My third concerns is in a small town if a Town official who may have a son or daughter that works parttime for the town in the summer for an example Park and Recreation. It has been going on for years. Does that mean in the future your child would not be able to work for Park and Recreation? I don't think it is fair if the Fire Department decides to go to a paid Fire Department
that down the road because it is a paid enity. I want to volunteer my time then my son could not become a fireman in town. I don't find that fair I think we need to take a look at this.
Bill Loos, 44 Melrose Road, Broad Brook.
I would like to propose an amendement to Paragraph 3.3 Gifts and Favors. It says gifts in excess of a $100. I think the $100 is way to high. I think it should be changed to $10. I would like to propose an amendement to change that to the $10.
Second by Tom Sinsigallo, 26 Mahoney Road, East Windsor.
George Butenkoff, Moderator Is there any discussion on change 3.3? This is Gifts and Favors reduce the $100 to $10. I have a motion to amend.
Dale Nelson Chairperson of the Board of Ethics. I would like to address first of all $10. One of the issues was if a department received a basket of fruit that the basket of fruit may be more than $50 maybe more then $60. It is to the department. It is shared by all. It is not a one on one thing when you look at the cost of everthing the way it is today . Ten Dollars isn't fair. The old statement was $50. We updated it. We also went over this with the Board of Selectmen and, it was decided at that time to change from the $50 to the $100. We wrote that down. If that is a real sore spot we can go back to the $50 but $10 is just unreasonable.
Also I would like to address the five year concerns. The reason why we went five years is because some officials in town are elected for four years. The one year after is just not enough time if something is found to be in violation. Maybe being within their position for four years, something happens in the third year you still have the five years from that time. It has to be substantiated, It has got to be signed. Everything has to go to the Board of Selectman to be determined whether or not it is in fact a real true violation of the Code of Ethics. It has to be pointed out exactly which one of the Code of Ethics has been violated. The Board has received a couple of complaints that were complaints but did not fit into the Code of Ethics. We just
dismissed them as that what you have to do.
Bill Loos 44 Melrose Road, Broad Brook CT.
I worked for a company 35 years and the amount was $5. I think if you look at Governor Rowland, Town officials, State officials and see what they are going through right now. It does not take much to give a $100 gift from a lawyer to the town. That is wrong. We should not accept any gifts from any lawyer or anybody like that who does business in town. What you are expecting is that anybody wanting to do business in town would have to come in and give a gift to get that business done.
That should not be, it should be nothing. If it were me I would say it should be zero but I am willing to go with $10 in a Christmas card or an Easter card, Hanukkah card, maybe a cup of coffee but not a lunch because things happen at lunches. An inspector goes out and inspects a building. A guy gives him a free meal. That should not be, there should be no money, no influence at all. Cut it down to $10.
Gil Hayes, 143 Rye Street, Broad Brook, CT.
Today it is hard to get a thank you note for less than $5. We are looking at a person who wants to give a gift in gratitude, because the building department has helped them work their way through something. Not to get their business but to say thank you for your help, for your extra help. $10 just won't do it. You might get a Thank you note for $5 but I think the $100 is just fine.
George Butenkoff, Moderator. Any further discussion?
Tom Sinsigallo, 26 Mahoney Road, East Windsor.
The State is zero, Mr. Chairman, the State is zero.
Steve Knibloe, 14 Ellsworth Road, Broad Brook moved the question Mr. Chairman.
Second by Robert Lyke, 80 Rye Street, Broad Brook.
George Butenkoff, Moderator.
All those in favor of moving the question signify by saying Aye. Those against Nay.
The Ayes have it.
George Butenkoff, Moderator, we are now voting on the amendment 3.3 from $100 to $10. We are going to have a hand vote. I need people to count on either side. We will split the room in half. Counting are Linda Sinsigallo and Bob Lyke.
Aye 22
Nay 20
The amendment passed the $100 is now $10.
Marie Desousa, 10 Rice Road, East Windsor.
I would like to make a friendly amendment Section 4.4 #3. I would like the five years to be changed to a year. I make that motion. Second by Bill Loos, 44 Melrose Road, Broad Brook.
George Butenkoff, Moderator. We have a motion on the floor to change the five years Statute of Limitation to one year. Discussion.
Dale Nelson, Chairman of Board of Ethics, stated the reason again for the 5 years is strictly for the fact that the election process allows us to put the First Selectman in office for a 4 year term. If something happens while the person is in the position it gives an adequate time frame so someone could file a complaint. We also went to a meeting at Connecticut Conference of Municipalities that 5 years was also recognized by them strictly for the fact you are able to have more control. Now when I say control what I just mean is if there is a violation it needs to be addressed and you are given time.
George Butenkoff, Moderator. Is there anybody else who would speak in favor of the 5 years or against the 5 year?
Bill Loos, 44 Melrose Road, Broad Brook.
I would like to speak in favor of the 1 year. In 5 years one forgets an awful lot when you try to get witness to do something within 5 years. I don't know how you can get somebody 5 years down the road to remember what they did. Some of us old people can not remember what we did yesterday. I think 5 years is to long. One year is plenty long enough to bring a violation for this Ethics Code to address. You don't need to wait 5 years down the road. Somebody is not even in sessioned for 5 years only in session for 4 years. We have selectmen in here. But only one selectman has a 4 year term the other selectmen are 2 year terms. One year after they get out you have a chance to do something with them. You don't need 5 years down the road. These people have
to live for 5 years worrying about whether something is going to happen to them or not, for the time they were in office. Or if you are a chairman on a Board somewhere you have to worry about whether somebody 5 years down the road from you is going to bring you up for charges that you did 5 years ago. You don't even remember what you did 5 years ago. We are trying to get laws here. We are trying to get justification for these things We don't need to wait like a robber some of these things talk about robbery. People stealing out of town funds and stuff like that it should be brought up right away. Don't wait 5 years need only 1 year.
Noreen Farmer, 247 South Water Street, East Windsor.
I think 5 years is a long-time to have the ability to go back, to go after someone. Although I think a year is not/maybe enough time because it is from when the act occurred so if the act occurred today and you don't find out about it for thirteen months you can not go back and do anything because the 12 months has expired. So if it occurred on the first year that you were on board as selectman but no one discovered it until your third year you got away with it because you only had 1 year from when the time it occurred not from the time it was complained about I guess. I am not sure a year is quite enough time and I understand the concern about 5 years being way to long to go back and get somebody. But I don't know think back to what happened to the State of Connecticut I don't think it was a
year. It was much more than a year when the acts had occurred before anybody discovered them and complained about them.
Bob Lyke, 80 Rye Street, Broad Brook.
I concur with those feeling but there is an amendment on the floor to make it one year instead of 5 years. I guess we have to vote on that before somebody makes another amendment which says 2 or 3 years. But isn't it interesting that there are only certain penalities that would fit the violation that is already committed 5 years after the person is out of office. One of them is suspension or something like that. It is to late.
George Butenkoff, Moderator. Any further comments?
David Walsh, South Water Street, East Windsor.
I think 5 years is a bit to much. I think if the ethics violation is serious enough after 1 year you have criminal charges. I don't think this is a court just an oversight or to over see the town employees if it is that bad there are other options.
Steve Knibloe, 14 Ellsworth Road, Broad Brook.
I think you are getting the wrong idea but the way I read it here. Is that you don't wait 5 years after an item has happened. You take action as soon as possible. But you have 5 years in which to go back to and take the action if you heard about today. You can go back 5 years. A lot of the times people do not want to come forward because the person is in office and could bring pressure to bear. Once the person is out of office that is when people do come forward. I take exception Ed, I do remember what happened yesterday. Okay not very often but I do. Even in police work we solve crimes that are 25 or 30 years old. So I think the 5 years is very reasonable and like I say it is not that you are going to wait 5 years you are going to take an action as soon as
possible but you have 5 years in which to go back.
George Butenkoff, Moderator. Is there any further discussion? Move the question.
Move by Steve Kibloe, 14 Ellsworth Road, Broad Brook.
George Butenkoff, Moderator. Second on moving the question.
Second by Betty Ann Sheridan, 59 Main Street, Broad Brook.
George Butenkoff, Moderator. All those in favor of moving the question say aye.
The Aye have it.
George Butenkoff, Moderator. The question is in two sections 3.3 and 4.4 sentence 3 change from 5 years to one year. We will have a hand vote.
George Butenkoff, Moderator. Calls for the motion.
Aye 20
Nay 23
George Butenkoff, Moderator. The Amendment Fails.
Tom Clynch, 91 North Road, East Windsor.
Does this mean if this passes today you cannot go back 5 years?
George Butenknoff, Moderator. Yes
Steve Knibloe, 14 Ellsworth Road, Broad Brook, Mr. Chairman move the question.
George Butenkoff, Moderator. Is there a second in favor of moving the question?
Second Dale Nelson, 51 Omelia Road, Broad Brook.
George Butenkoff, Moderator. All those in favor of moving the question sigify by saying Aye.
Aye. Unamouious.
George Butenkoff, Moderator. The Aye's have it so ordered.
George Butenkoff, Moderator. This is on the complete resolution we are going to have another hand vote.
Gil Hayes, 143 Rye Street, Broad Brook.
I have a concern like Marie DeSousa on employee having their children working at the Park & Recreation. I was not clear what the message was on that. Could you clear that up please?
Linda Roberts reqeust a point of order to response to Gil Hayes question.
Linda Roberts indicated to Mr. Hayes that Marie DeSousa had expressed that concern at the last public hearing for this Ethics Ordinance. We send it to the Town Attorney who reworked that section. What it says now is if you are public official you could not vote to give your child a job but it doesn't say your child can not have a job. It just say you would have to recuse yourself from any vote that would award a contract to a member of your family and you would have to make known that there was an interest involved there. That you did have what is known as a conflict of interest but it does not exclude anyone from having any public officials children working for the town nor does it excuse anyone from having a contract with the town. You would have recuse yourself from the vote that awarded
that contact or gave that job to someone.
Bill Loos, 44 Melrose Road, Broad Brook.
I have a question on Penalities for Violation #3 there it says $1000 civil penalty. Does that mean that any violation could get fines of a $1000. Shouldn't that say up to $1000 or something like that not just right off a $1000. I don't know why that if I did something wrong. I would be fined a $1000 right away. If I only did a $5 thing wrong. Maybe it should say up to a $1000.
Dale Nelson, Chairperson of the Board of Ethics.
The $1000 civil penalty and/or say Public censure or reprimand those are all actions the Board of Selectman would make to the Town Attorney on whatever the issue may be it. It may be restitution for money taken or if it cost the Town money to fix whatever the issue was that maybe the restitution that has to happen. No one is saying that the only thing they are going to do is fine you a $1000. There are other penalities in there to cover whatever the other issues maybe.
Bill Loos, 44 Melrose Road, Broad Brook.
I think it should be changed. Take the $1000 right out of there.
Steve Knibloe, 14 Ellsworth Road, Broad Brook.
Mr. Moderator I move the questions. It is not debatable.
George Butenkoff, Moderator, It is not debatable. All those in favor of the Town of East Windsor Code of Ethics signify by saying aye. Those opposed nay. We need to have a hand vote. All those in favor sigifity by raising your right hand. We have 25 in favor . Those opposed. Raise your right hand 16 nays.
George Butenknoff, Moderator. We have a Town of East Windsor Code of Ethics
Item #2 to be considered upon approval of Item #1 to adopt a new “TOWN OF EAST WINDSOR CODE OF ETHICS” ordinance.
To repeal an ordinance (92-1) entitled: Town of East Windsor Code of Ethics Ordinance” adopted at a special town meeting on February 19, 1992 that was tabled to the Annual Town Meeting held on December 30, 2004. Copies available in Town Clerk’s Office.
I move the foregoing resolution be adopted by Marie DeSousa, 10 Rice Road, Broad Brook.
Second by Bill Loos, 44 Melrose Road, Broad Brook.
George Butenkoff, Moderator. Any further discussion? Hearing None. Call for Vote. Ayes have it.
Item #3
To adopt an ordinance entitled, “ABANDONED MOTOR VEHICLE ORDINANCE”. Copies of the proposed ordinance are available in the Town Clerk’s Office.
The following Resolution was introduced and read by George Gaudreau who moved that the foregoing resolution be adopted.
Resolved to adopt an ordinance entitled,
“Abandoned Motor Vehicle Ordinance”
Abandoned Motor Vehicles
Definitions: The following definitions shall apply to this section of the Town ordinance.
Motor vehicle: Shall mean a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides and transport persons or property or pull machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles, and tractors.
Abandoned motor vehicle: Shall mean any motor vehicle within the Town, which, after a good faith determination, has the appearance that the owner has relinquished control without the intention of reclaiming it, or one which is damaged, vandalized, dismantled, partially dismantled, or unusable as a
motor vehicle.
Abandoned Vehicles Prohibited
No person shall park, store, leave, or permit the parking, storing, or leaving of any motor vehicle of any kind which is in an abandoned condition whether attended to or not, upon a public highway, public property, or private property within the Town of East Windsor. This section shall not apply to:
· Any motor vehicle on private property, which is fully enclosed within a building;
· Any motor vehicle that is associated with any lawfully licensed dealer or repair facility;
· Any motor vehicle, which is associated with a legitimate farm operation;
· Any motor vehicle, which is legitimately used to maintain the owner’s property;
· Any motor vehicle, which is specifically adopted or designed for use on a raceway or retained by the owner for collection purposes, but, if stored outside, must be securely covered;
· Any motor vehicle that is being restored, provided no more than three such vehicles may exist on the property, the vehicle and all parts must be covered and must also be out of plain view, and no storage of such vehicles or parts shall be permitted in front of any residence; or
· Any motor vehicle for private sale for a period not to exceed 90 days, provided that if displayed in a front yard, its location must not result in a sight line traffic hazard; the vehicle and area must not be unsightly or become a safety issue and a “For Sale” sign must be affixed to the windshield.
Administrative Process for Abandoned Vehicles
Upon observance of an abandoned motor vehicle in a prohibited location or upon receipt of a complaint by the Zoning Enforcement Official (ZEO), an inspection will be conducted by the ZEO within fourteen (14) days.
If it appears that there is a violation of the Abandoned Motor Vehicle Ordinance, the ZEO will contact the property owner, notifying him/her of the violation by written letter sent by certified mail, return receipt requested, and requiring a written or verbal response within (30) thirty days of receipt of the letter.
If a property owner does not make such contact with the ZEO, a Zoning Complaint Data Sheet will be forwarded to the East Windsor Police Department, with a copy mailed at the same time to the property owner.
If a property owner makes timely contact with the ZEO, however progress towards compliance is not apparent within (30) thirty days of such contact between the ZEO and Property Owner, a Zoning Complaint Data Sheet will be forwarded to the East Windsor Police Department, with a copy mailed at the same time notifying the property owner.
The process of enforcement shall then proceed in accordance with Section 14-150 and 14-150a of the Connecticut General Statutes.
Notice to Remove Abandoned and Inoperable Motor Vehicles: In accordance with Section 14-150 and
14-150a of the C.G.S., any Police Officer, upon discovery of such a vehicle, shall affix to such motor vehicle
a notification sticker in a manner so as to be readily visible. Said notification sticker shall contain the
following information:
· The date and time the notification sticker was affixed to the motor vehicle.
· A statement that pursuant to Section 14-150 of the C.G.S., if the motor vehicle is not removed within
24 hours of the time the Sticker was affixed, it shall be taken into custody, and stored at the owners
expense.
· The location and telephone number where additional information may be obtained.
· The identity of the officer who affixed the sticker.
If said motor vehicle is not removed within 24 hours, the police may order removal. Notwithstanding the
above, if the abandoned or inoperable motor vehicle is on private property, and the private property owner
acknowledges that said vehicle is owned by him/her, or is on private property without the owner’s consent,
the order to remove shall be for within 30 days. Nothing herein shall preclude the Town from removing any
abandoned or inoperable motor vehicle for traffic, health, or safety reasons at any time deemed necessary.
Notice of Disposition: If an abandoned vehicle has a market value, based on its current condition, of
$100.00 or less, and is so vandalized, damaged, or in disrepair as to be usable as a motor vehicle, title to such
motor vehicle shall, upon taking custody of such motor vehicle, immediately vest in the Town. Within 48
hours of the time that such motor vehicle is taken into custody, the police department shall notify the
Commissioner of the Department of Motor Vehicles, in writing, of the vehicle identification number and a
description of the motor vehicle. Upon sale or disposition of the motor vehicle, the police department shall
give written notice by certified mail to the person who was the owner of such motor vehicle at the time of
abandonment, if know, which notice shall state that the motor vehicle has been sold or otherwise disposed of.
The proceeds of the sale or disposition, or the fair market value of the motor value of the motor vehicle in its
current condition, whichever is greater, less the towing and sale or disposition expense, shall be paid to such
person or representatives, if claimed by him/her or them within one year from the date of sale. If such
balance is not claimed within such period, it shall escheat to the municipality. If the expenses incurred by the
municipality for towing and the sale or disposition of such motor vehicle exceed the proceeds of such excess
amount.
For vehicles with a fair market value in excess of $100.00, notice shall be given, by certified mail, to the
owners of such motor vehicle, if know, within 48 hours of the time the motor vehicle has been taken into
custody, which notice shall state:
· That the motor vehicle has been taken into custody and stored.
· The location of the storage of the motor vehicle.
· That such motor vehicle may be sold after 15 days if the market value does not exceed $500.00.
· That the owner has a right to contest the validity of such taking by application, on a form prescribed by
the Commissioner of the Department of Motor Vehicles, to the hearing officer named in such notice
within 10 days from the date of such notice. Such application forms shall be made readily available to
the public at all offices of the police department.
If the motor vehicle is on private property, the property owner and occupants shall also be provided with the
same notice, provided that notice need only be given to a landlord in the case of an apartment complex with
more than 3 dwelling units. All sales and/or other disposition of abandoned motor vehicles shall be
accomplished in compliance with the notice and advertising provisions of Section 14-150 of the C.G.S.
Penalty: Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and
upon conviction, shall be subject to a fine of not more than $100.00. If the abandoned vehicle is on private
property, each day which such violation continues after the expiration of the 30-day removal order shall be
considered a separate violation. If the abandoned vehicle is on a street or public property, the daily fine shall
commence upon the posting of a notice on the vehicle. Nothing herein shall be construed as limiting civil
remedies available to a private property owner for damage to, or violation of, the owner’s property rights by
the owner of the abandoned vehicle.
Removal by the Town: If the motor vehicle is on private property and has not been removed within the 30
day period of compliance, the Town or its designee shall have the right to take possession of the abandoned
vehicle and remove it from the premises. This 30 day period may be extended by the hearing officer if there
is a pending appeal and if the vehicle is on private property. It shall be unlawful for any person to interfere
with, hinder, or refuse to allow the Town or its designee to enter upon private property for the purpose of removing an abandoned motor vehicle under the provision of this ordinance.
Redemption of Impounded Motor Vehicles: The owner of any abandoned motor vehicles seized under the
provisions of this section may redeem said motor vehicle prior to its disposition or destruction upon proof of
ownership and payment to the town and/or its designee such sum as determined and fixed for the actual and
reasonable expense of removal, storage and any preliminary disposition costs.
Liability of Owner or Occupant: Upon failure of the owner of the abandoned motor vehicle, the owner of
the private property, and/or the occupant of the private property from which abandoned motor vehicles have
been removed by the Town to pay the un-recovered expenses incurred by the Town in such removal, a lien
shall be placed upon property of the owner of the abandoned motor vehicle, or the owner of the property,
and/or the occupant of the property, for the amount of such expenses.
Designee of the Town: Any designee of the Town selected for the purposes of storing or disposal of abandoned
motor vehicles shall be selected through competitive bidding. The bid proposal shall provide that the Town shall be held harmless for any damage to, or disposal of, the abandoned motor vehicle by the designee in violation of state law.
Towing Charges: The First Selectman shall solicit bids for towing charges of abandoned vehicles to a central location designated by the Town. The First Selectman shall also solicit bids for the removal and disposition of abandoned vehicles to a central location. The Town shall only be liable for towing charges of abandoned vehicles towed by order of the Town. The Town shall not be liable for any storage fees unless such storage is at the direction of the Town. Nothing herein shall preclude the Town from pursuing civil action against the owner of an abandoned motor vehicle.
Appeals Concerning Abandoned Motor Vehicles
Hearing Officer: In accordance with Section 14-150 of the C.G.S. the Board of Selectmen shall appoint a suitable person, who shall not be a member of any state or local police department, to be a hearing officer to
hear appeals, as authorized under the appeals of this ordinance.
Appeals: Upon receipt of a notice to remove an abandoned motor vehicle, a person may appeal the determination that such vehicle is abandoned, such appeal to be filed within the 30 day period provides for
removal. If a vehicle has been towed in violation of this code, and appeal challenging such towing may also
be filed. Upon receipt of such an appeal, the hearing officer shall notify the custodian of the motor vehicle
not dispose until further order of the hearing officer. A hearing shall be scheduled within 7 days of the receipt
of an appeal. If it is determined by the hearing officer that the motor vehicle is not abandoned, the notice to remove shall be lifted, and no penalties shall be imposed under this ordinance. If the hearing officer determines that the motor vehicle was towed in violation of this ordinance, the lien provision shall not apply, and any
towing and storage incurred by the owner of the motor vehicle, or the owner or occupant of the property on which such motor vehicle was found, shall be reimbursed; provided that such appeal was brought within 30 days of receiving the notice of removal, or if notice was wrongfully sent, within 30 days of actual discovery of the towing. The hearing officer shall render a decision in writing, and note on the decision that any person aggrieved thereby may, within 15 days of the notice of such decision, appeal to the Superior Court.
Effective Date: The effective date of this ordinance shall be 15 days after its adoption, or when the hearing officer is duly appointed, whichever comes last.
I mover the foregoing resolution be adopted.
Second by Charles Knight, 39 Rice Road, Broad Brook.
George Butenkoff, Moderator. Called for discussion.
Joe Roberts, 140 South Main Street, East Windsor.
I have been towing vehicles for 25 years understand that everything here that has been said is covered under State Statutes and this is kind of redundant other than the part of tractors. I don't see why towing tractors unless you are a farmer. I see tractors on lawns as our historical heritage. Some people keep them as museum pieces. I don't believe I would be sending a tow truck to pull a tractor. This is a lot of teeth for nothing because we already take private property tows. The VIN number is already covered by State Statutes 15 pages of them. Yes we fill forms for police tows off the side of the street. We file H100 forms within 48 hours. They are down at Motor Vehicle. Anybody that abandons a motor vehicle by the side of the street today we go after them
with the courts because you can not abandon a motor vehicle. I don't know where this statue is heading. It certrainly has to many words and I oppose it.
Steve Knibloe, 14 Ellsworth Road, Broad Brook.
I am the enforcement officer with the Housing Code in Town. I know we surely need an ordinance to tow abandon or junk motor vehicles on private property. I do have a few inherent probelms here. First and foremost two or three months ago there was an incident in East Hartford on just such an abandon motor vehicle on private property or junked motor vehicle. It was towed. The police went on the property. Evidently the property owner sued the town and the police department and won. And there were court opinions that effect the State Statutes. This refers to that they violated the person rights.
Second of all as Joe Roberts said there is a lot of ambiguity in the ordiance. The Statue is very plain. If you just refer to it and instead of going through all this ambiguity. If you looked at the property maintenace ordinance and if we find people in violation we send it to the Town Attorney. And it is written in there should we win in court or that the person is found guility in court that they pay all cost of the attorney and any other expenses that are connected with that action. Rather than there is no recouping of any expense here unless you take them to civil court. I would therefore simply because of the court ruling move that this ordinance be held in abeyance until those court rulings can be researched and found what effect it does have on this document. I make a motion to
table this until the current laws can be researched again.
Steve Knibloe, 14 Ellsworth Road, Broad Brook. Made a motion to table due to court ruling.
George Butenkoff, Moderator. Do I have a second?
Second by Bill Loos, 44 Melrose Road, Broad Brook.
Linda Roberts. Moved the question.
George Butenkoff, Moderator. Motion to table all those in favor raise your right hand?
George Butenkoff, Moderator. Motion to table wins.
Item #4 to be considered upon approval of Item #3 to adopt a new “Abandoned Motor Vehicle Ordinance.
To repeal an ordinance (89-3) entitled “Ordinance Concerning Discarded Motor Vehicles, Discarded Motor Vehicle Parts and Other Unsightly Material” adopted November 15, 1989. Copies available in Town Clerk’s Office.
The following Resolution was moved to table by Linda Sinisgallo, 26 Mahoney Road, East Windsor
Second by Bill Loos, 44 Melrose Road, Broad Brook.
George Butenkoff, Moderator called for a vote – Unanmious Aye.
Item #5 To consider and act upon a resolution entitled “RESOLUTION APPROVING OPERATING ASSISTANCE GRANT CONTRACT BETWEEN THE GREATER HARTFORD TRANSIT DISTRICT AND THE TOWN OF EAST WINDSOR”. Said contract authorizes participation in the Greater Hartford Transit District and provides for transportation services for the elderly and/or handicapped.
The following Resolution was introduced and read by Linda Sinsigallo, 26 Mahoney Road, East Windsor who moved the forgoing Resolution be adopted.
Second by Bill Loos, 44 Melrose Road, Broad Brook
George Butenkoff, Moderator. Any discussion? Hearing None .
George Butenkoff, Moderator. Called for a vote. All those in favor. Unamious, Aye's have it.
A motion declared adjourned at 8:50 PM by Linda Sinsigallo, 26 Mahoney Road, East Windsor
Second by Steve Knibloe, 14 Ellsworth Road, Broad Brook.
Unamiously
Respectfully Submitted
Elizabeth Burns
Acting Town Clerk
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