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Town Council Regular Meeting 7/6/2004
        
TOWN COUNCIL    
TOWN OF SOUTH WINDSOR   
MINUTES Page 1  July 6, 2004    

                        

TOWN COUNCIL – Regular Meeting
Council Chambers – South Windsor Town Hall


        
Members Present:        Mayor Edward Havens
Deputy Mayor John Pelkey
Councillor William Aman
Councillor Thomas Delnicki
Councillor Deborah Fine
Councillor Judith Paquin
Councillor Elizabeth Pendleton
Councillor Matthew Streeter
Councillor Muriel Yacavone
        
Also Present:   Town Manager Matthew B. Galligan
Town Attorney Barry Guliano     
                
Mayor Havens called the meeting to order at 8:05 p.m.

ITEM:

 5.    Public Input

First to speak was Marjorie Anthony, 97 Pleasant Valley Road, who said she wished to speak to Agenda Item 17. A., Resolution Approving the Purchase of 9 Defibrillators for $27,000.  Ms. Anthony said that, originally, Ellsworth School was on the list of those locations to receive a defibrillator; however, tonight’s Resolution does not include the school.  

Saying that she felt strongly about this, Ms. Anthony pointed out that Ellsworth School is “kind of out of the way…...not central to the Town’s other public buildings; and it was her opinion that “every one of our public buildings should have a defibrillator, including the Town’s schools.  She cited an incidence, years ago, during a basketball game at the school when a defibrillator could have saved a young man’s life.

Mrs. Anthony also suggested that the Police Department conduct “classes,” for those in the public who wished to learn how to properly use these defibrillators.  She, again, urged the placement of a defibrillator in Ellsworth School.


ITEM:

5.      Public Input  (Continued)


Next to speak was Janis Cross, 224 Fairview Drive, was also present to support the purchase of the defibrillators.  Saying that she had a “special reason” for supporting this proposal—that being the fact that she was the mother of the young 17 year old boy whose life was saved recently by the availability and application of a defibrillator.  She then introduced her son, Nick, who was present in the audience.

Informing the Council that “every medical person that spoke with my husband and I emphasized over and over again how fortunate Nick was to have a defibrillator accessible to him.”  She then recognized, in particular, and credited with saving her son’s life, the following:  Sgt. Tom Field, Agent Tom Martin, and Officer Matthew Mainieri of the South Windsor Police Department; and the quick thinking of “Nick’s wonderful friends.”

Mr. Bill Davis, 9 Ridge Road, asked first, with regard to a veteran’s tax exemption, what the “median income” was in South Windsor.  Mr. Galligan replied that he thought the census had reported it was about $35,000.  He felt that what was being proposed should be raised a bit.  Mr. Galligan explained the origins of the new veteran’s exemption proposal by the State. He said that the State had proposed a $58,000 median income which, he felt, was inappropriate for this area—much higher, he said a Councillor had already noted, than some of the Town’s Public Works personnel were currently earning.  

The Town Manager said that the Town’s aim, at the present time, is to “take those individuals who are currently in the program and move it (the exemption) up to the $10,000.”

Mr. Davis then brought up the subject of the Town’s recent receipt, from the State, of an additional $568,000 , the return of  the Board’s “surplus” to the Board; and, this evening, the Board’s request for “another $45,000 for architectural fees—after already spending $150,000.  Mr. Davis said that he felt the Town should not go ahead with the Referendum Question on the “Elementary Schools Modernization Project.”

Mr. Gene Jay, South Windsor Soccer Club, then came forward to present a check for $20,000 from the Club for field development at Rye Street Park.  He then thanked the Town Manager, Recreation Director Ray Favreau, and Town staff for their work on this project; and the Town Council for its approval to go forward with it.
ITEM:

5.      Public Input  (Continued)

Mr. Jay then used this time to inform the Town Councillors, and those from the public who were listening, that the Club (on an annual basis) has 1,800 registered young people participating—1,000 in the Fall; and 800 in the Spring—and, he proudly pointed out, an equal number of girls and boys.  

Another fact that the Club was proud of, Mr. Jay said, was that “we turn away no one…..….anyone who gets their registration in on time is guaranteed a spot to play with the South Windsor Soccer Club.”  

Mayor Havens said he, personally, and for the other Members of the Town Council and the residents of South Windsor wished to thank the Soccer Club.  He added that they “do a great job.”  He pointed out that Mr. Jay, and other Members of the Soccer Club have come before Council on many occasions, participating in the meetings.  He felt that the Club set a good example of working with the Town to get a job done.  

 6.     Environmental Health & Safety Message  -  None

7.     Adoption of Minutes of Previous Meetings

Motion to adopt the Minutes of the following Town Council meetings:  Regular Meeting of May 17, 2004; Work Session of June 7, 2004; Work Session of June 21, 2004; and Regular Meeting of June 21, 2004.

Was made by:    Councillor Streeter
Seconded by:    Deputy Mayor Pelkey
The Motion was: Approved, unanimously

8.     Public Petitions  -  None

9.     Communications from Officers and Boards Directly Responsible to Council  --  None

10.     Communications and Reports from Town Manager

Mr. Galligan reported that the tax sale the Town conducted was “very successful;” and the Town did meet the June 30 financial deadline, he added.  Summarizing, the Town Manager said that “we looked at about $631,000 in back taxes being collected through the Company; with another $200,000 being collected by Town staff prior to the Company purchasing the delinquent taxes.

ITEM:

10.     Communications and Reports from Town Manager  (Continued)

The next item the Town Manager wished to discuss was this evening’s Resolution regarding the purchase of defibrillators.  He reminded the Town Council that this has been discussed at the last Town Council meeting; and, since that time, the Fire Department approached him and raised the issue that they do not have them on their apparatus nor one at Fire Headquarters which is also used as another community center.  

Referring to $20,000 the Town had received from the sale of “an old fire truck,” the Town Manager suggested that since that money went into the Town’s General Fund it would more than offset the $12,000-$15,000 the Town might request from the Fire Department for the purchase of their defibrillators.  What he was suggesting, he said, was the placement of one defibrillator in each Fire House with its apparatus (Company 1, 2, and 3); and one stationary defibrillator in the Fire Headquarters to cover meetings that were held in that location.

Continuing, Mr. Galligan said that other areas being looked at are:  the Town Hall, the High School; Timothy Edwards Middle School, etc.  Ellsworth School, he agreed, was not included on the list.  The original price, per unit, paid by the Police Department was $3,000 each—he added that the Town may be able to get them, under State contract, for $2,400 each.  

The Fire Department, according to the Town Manager, is now looking at others that are $1,900; however, the ones the Town currently uses are “much better capacity; have a proven track record; are recommended, nationally; and the Town may want to “standardize” these units.  Mr. Galligan gave examples of the benefits of standardization.  Both he, and staff, agreed that the purchase of these defibrillators should go forward.

Mr. Galligan then explained Agenda Items 17 B. and C. - both of which dealt with “Ordinances” – a proposed Amendment to an existing one; and a proposed new Ordinance.

Next, and explaining Agenda Item 17. E., Mr. Galligan explained that the State has passed a law requiring that “every municipal Town has to keep their records in a fireproof facility, or a fireproof cabinet, unless it is being used currently”—particularly in the case of Registrars of Voters’ records.  Thus, he added, the request for $4,429 for the purchase of “fireproof cabinets.”



ITEM:
10.     Communications and Reports from Town Manager  (Continued)


Mr. Galligan pointed out that Council had been provided with a copy of an “application from Daniels Electric for a tax partnership.  He added that this company was a South Windsor business that was considering a move to Glastonbury until representatives of the Town spoke to the company’s management; and assisted them in finding suitable property in South Windsor.  

Continuing, Mr. Galligan said that the proposal would include a three (3) year abatement at 50%.  Also, the Town Manager informed the Council that the Company has already been before Planning and Zoning, and did receive the necessary approvals  The company, he said, will be starting construction very shortly.  

If the Town Council supports this proposal, Mr. Galligan suggested that the next step would be that it move on to the Economic Development Commission, as soon as possible, for the Commission’s action.  

The Town Manager next addressed an attachment he had included in Council’s packet regarding the “South Windsor Community Foundation.”  (Copy attached.)  This Foundation, he explained, has been put together by a group of individuals wishing to help foster community-based programs and projects.  Mr. Galligan said he would be asking a member of the Foundation’s Committee to come forward at some future Council meeting to make a presentation.

By establishing this Foundation, according to Mr. Galligan, the Town becomes eligible for “matching grants” from Corporations by becoming a “bona fide 501-3C—and may accept donations on behalf of a particular project, etc.

The Town Manager referred to this evening’s Agenda Item 17. D., setting a Public Hearing for the expenditure of $45,000 from Capital and Non-Recurring Expenditures.  The reason for this request, according to Mr. Galligan, was to provide additional funds so that the Architect can “downsize” the four elementary school projects to see if there is a way to meet the guidelines for education and still reduce the cost of construction.  He explained that, because of the Account being used, a Public Hearing was required.



ITEM:
10.     Communications and Reports from Town Manager  (Continued)


Regarding a Petition signed and received from many of South Windsor’s Senior Citizens at the previous Town Council meeting stressing the need for a larger Senior Center, Mr. Galligan pointed out that a follow-up report addressing some of the issues included in the Petition from Dennis Sheridan was also included in their packet.

At this time, Mr. Galligan pointed out that in the Highways & Byways Magazine, report on the 25th Anniversary Equipment Technical Show, there is a feature and profile on the Town of South Windsor’s Public Works Department and “how they shine; how our people are very well trained.”  

Councillor Streeter, referring to the previously discussed purchase of “defibrillators,” asked what the longevity of use for these units was.  Chief Tyler said that there is a maintenance factor associated with these units; however, except for “pads” and batteries, “they are almost foolproof—they either work or they don’t work.”   The Councillor then asked if there might be any “Grants” coming down the line for the purchase of this equipment; and whether they might come with “training.”  

Mr. Galligan reminded the Council that when the Town first bought these, they had cost $3,000 each; now, he added, with the State cooperative purchasing method, he understood they were now $2,400.  As far as training in their use, Mr. Galligan said he was looking to have either the Town’s Police Department, or the Ambulance Corps, come forward and demonstrate how they worked.

Councillor Paquin, addressing Chief Tyler, pointed out that the Town’s population is about 25,000 people, and we’re talking about 12 defibrillators, she asked the Chief if there is a “standard” that he was aware of requiring that there be a certain number of units per certain number of population.  The Chief replied that the only standard he knew of was that these units be at a location where they were apt to be needed—a large gathering of people; in some areas of the Country they are required in restaurants; he felt, certainly, they should be in Police vehicles and included among “fire apparatus;” and they should be in public buildings.




ITEM:
10.     Communications and Reports from Town Manager  (Continued)


Councillor Fine asked the purpose of putting defibrillators in with fire apparatus when the Police were “first responders.”  Mr. Galligan explained.  Councillor Fine then brought up the topic of the “new dispatch program being initiated where the Dispatchers are talking to the caller and, while so doing, trying to get the caller to take a more active part in resuscitation, etc. of a patient.  

Councillor Fine then asked if this did not require “a lot more work and time for our Dispatchers?”  Chief Tyler replied that it did; and now “we cannot put the person on hold or go to another call—the Dispatcher has to maintain contact with that individual”  According to the Chief, the State has suggested this—and not because of local problems, but more because of problems with the larger cities, such as Hartford.

More discussion ensued regarding the purchase, use and distribution of these units.

Referring to a request by a resident, Mr. George Marcotte, 24 Podunk Circle, for a release of his house from the Moderate Price Housing designation, Atty. Guliano said he wished to make certain that the Council was aware that the Town’s policy has a “specific procedure that has to be followed if someone asks to be taken out of the program; and that does require that the person be given the opportunity to come forward; and that there be public consideration of that issue.  

Deputy Mayor Pelkey said that this is not the first time that this issue has been faced and dealt with by the Council since his tenure as a Councillor.  He asked if these units were still being built.  Atty. Guliano replied “No,” that they were done in the early to mid-nineties, and he was not aware of any additional ones being built.  

The Deputy Mayor then suggested that if the Town ever again “got into this type of program,” that perhaps there should be some type of process set up—a “sign-off” that the purchaser fully understood.  Up until now, it seemed to Deputy Mayor Pelkey that the process may have been explained differently by different real estate agents.  He wished it to be simpler and clearer in the future for those purchasing these units.


ITEM:


11.     Reports from Standing Committees  -  None

12.     Reports of Temporary Committees

Deputy Mayor Pelkey, following his instructions to “reinstate” the former “Space Needs Sub-Committee,” reported that he had reviewed the final report from that Sub-Committee and put together for the benefit of the Council (particularly its new Members) a “refresher” review of that report, and where the Town stands at this point in time.   

The Deputy Mayor said he also provided an “outline” questioning what should this revisited Subcommittee look at and try to answer questions about.  (A copy of these two (2) handouts is attached.)   He asked his fellow Councillors for their input.

13.     Communications and Petitions from Council

Councillor Delnicki took this time to recognize officers from South Windsor’s Police Department who participated in the Capital Region’s Dive and Rescue Team Boat at Hartford’s “Riverfest” over the weekend; and South Windsor’s Volunteer Firefighters Rescue Boat which was also in attendance.

14.     Public Participation

Peter Cross, 224 Fairview Drive, who (as his wife had done previously) rose to address the Town Council about the need for, and value of, defibrillators being located in public buildings.  

15.     Consent Agenda  -  None


16.     Unfinished Business  -  None





ITEM:

17.     New Business

A.      Resolution Approving the Transfer of $27,000 from Contingency Account to the Town Manager’s Equipment Account for Purchase of Nine (9) Defibrillators

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $27,000 from Contingency Account Number 1910-9001-390 to the Town Manager Equipment Account Number 1131-1310-442 for Fiscal Year ending June 30, 2004 for the purchase of nine (9) defibrillators; and

BE IT FURTHER RESOLVED that one of these defibrillators shall be placed at each of the following locations:  South Windsor Town Hall; South Windsor High School; Timothy Edwards Middle School; Charles N. Enes Community Center; Public Works Facility on Burgess Road; Fire Headquarters; and with fire apparatus at each of South Windsor’s three (3) Fire Stations.

Was made by:    Deputy Mayor Pelkey
Seconded by:    Councillor Fine

Deputy Mayor Pelkey then spoke to the Motion, saying that he did not realize there would be so many people speaking in favor of this purchase.  He said he did agree with Councillor Paquin that the purchase of these units was “not the end-all, it’s not going to save all the lives.”  The Deputy Mayor also felt that it was important that the people of the community consider taking CPR Training; or donate blood—both of which, he added, saved lives, also.

The comment regarding Ellsworth School, the Deputy Mayor felt was well taken.  However, he pointed out, there are Budget constraints.

Councillor Streeter asked if there would be something like a “911 tie-in” where, as soon as they “come off the wall” emergency services are alerted.  Mr. Galligan said he did not think there was a link with “911.”  At the Councillor’s request, the Town Manager said he would look into what may be available with regard to some type of link.  

Councillor Streeter then asked if there would be a training course for the operation of these units.  Mr. Galligan replied that the training would be done “in-house” by either the Police Department or the Ambulance Corps.  He added that CPR training, too, would be offered.

ITEM:

17.     A.  (Continued)


Councillor Fine moved to Amend the Resolution to include, in the second paragraph, “all the elementary schools, Ellsworth School, and the “Wapping Community House.”  This amendment would include, she added, changing (in paragraph 1) the figure to read  “………...for the purchase of fifteen (15) defibrillators; and”

Deputy Mayor Pelkey seconded the Amendment.  Councillor Aman then asked if the Amendment included a change in the amount of the transfer being requested.  Mr. Galligan said that $18,000 additional funding should be added to the original amount of $27,000—making the request for $45,000.

Mayor Havens, speaking to the Amendment, questioned the availability of an additional $18,000 for this purpose.  He asked the Town Manager if it was not a fact that the Town Manager had all he could do to come up with the $27,000.  In response, Mr. Galligan said that was true; and suggested that, perhaps, in next year’s budget, another nine (9) defibrillators could be placed in more public buildings.

Councillor Fine, in an effort to “simplify things,” withdrew her original Amendment; and then restated the Amendment to read  “that those second six (6) defibrillators would be phased in over the course of the next year.”  The Motion was duly seconded; but, before a vote could be taken, Councillor Pendleton asked to “amend the Amendment by eliminating the defibrillator at Fire Headquarters (knowing that one is already on a fire truck at that location); and, instead, locating that defibrillator at Ellsworth School.

Town Manager Galligan objected to removing the unit from Fire Headquarters for the reason stated.  He asked what would happen if the fire truck was out of Headquarters with the unit, and, because of public functions frequently being held there, the defibrillator was needed at Fire Headquarters.

Mayor Havens asked if the Resolution, as originally presented could not be voted on; and then add the extra defibrillators as the year went on.  As Town Manager Galligan was responding, Councillor Fine reminded the Mayor and Councillors that she had an Amendment on the Table.

Councillor Fine then repeated her Amendment to “phase in an additional six (6) defibrillators—at the “Wapping Community House;” the four (4) elementary schools; and Ellsworth School—over the next 12 months.




ITEM:

17.     A.  (Continued)


Atty. Guliano reminded the Mayor that the Council “had to vote on the first Amendment, first.”  Mayor Havens asked “how many Amendments there were.”  Councillor Pendleton withdrew her “amendment to the amendment.”  

Councillor Delnicki voiced his concern about delaying the purchase of the additional defibrillators over the course of a year.  He reminded Council that the Town had just received $600,000 in monies from the tax sale; and $560,000 from the State that came in after the Budget had been set.  He also took issue with the idea of “fund-raisers, etc. being held to raise the money for these extra units--reminding those listening that what was being spoken of here was a “life-saving device,” not a swing-set, etc.  He thought the first Amendment put forth was the “right Amendment.”

Councillor Fine then asked to add the “Library” to her list of public buildings to receive a unit.

Mayor Havens then said he would support the Amendment “with a one-year phase-in.”  Mr. Galligan said he would be updating Council with a “year-end Financial Report,” after which “some adjustments could be made to the General Fund.  He added that, at some time in August, he would be getting back to Council “with some sort of report based upon the delinquent taxes, where we are, Financial Report—after which Council “could appropriate the rest of the money.”

Mayor Havens then asked Councillor Fine to re-read the Amendment for the Clerk of the Council.  Saying that she would “not do the dollars,” Councillor Fine then restated that the last line of the first paragraph would be “for the purchase of sixteen (16) defibrillators, nine to be purchased as stated in paragraph 2; seven (7) additional to be purchased for—the Wapping Community House; the four (4) elementary schools; Ellsworth School; and the Library within the next year as soon as is possible.

Atty. Guliano asked “is there a second to the Amendment?” after which, Councillor Delnicki seconded the Amendment.  Atty. Guliano then asked if the original Amendment had been withdrawn.  Mayor Havens and Councillor Fine assured him it had been withdrawn.  




ITEM:

17.     A.  (Continued)


Mayor Havens then called for a vote on the Amendment.  It was unanimously approved.  Mayor Havens then called for a vote on the Amended Resolution.  The Amended Resolution was approved 8 Ayes to 1 Nay, on a Roll Call vote, as follows:

        Councillor Fine                 Yes
        Councillor Aman                 Yes
        Councillor Paquin                       No
        Councillor Delnicki                     Yes
        Councillor Pendleton            Yes
        Councillor Streeter                     Yes
        Councillor Yacavone             Yes
        Deputy Mayor Pelkey             Yes
        Mayor Havens                    Yes

B.      Discussion Item – Proposed Ordinance Regulating the Conduct of “Special Events” Held in the Town of South Windsor and Establishing a Permit and Fee Process for Same

The Town Manager asked Police Chief Gary Tyler to address this topic.  

Chief Tyler began by referring to a handout containing the text for this proposed Ordinance (copy attached).  He explained that this proposal was precipitated by a planned event in Town by “some outlawed motorcycle clubs” at a retail store called “Hot Leathers” on Sullivan Avenue.  

The Police Department, according to Chief Tyler, had no advance notice regarding this event until one of the Officers came across a web-site where the event was being advertised as taking place in South Windsor.  With intelligence providing information that there could be upwards to 2,000-3,000 members of outlawed motorcycle clubs present, and only four (4) police officers on duty that day, the Chief said they had to call in “Mutual Aid.”






ITEM:

17.     B.  (Continued)


The purpose of the proposed Ordinance, according to the Chief, is to assure that the Police Department is given proper notice.  What was needed was a process, he said, where #1, the Police Department knows what the event is;  #2 who is responsible for putting the program on; #3 names, addresses, phone numbers, etc. regarding who to contact in the event of an emergency; #4 the number of people who are going to be there; and, #5 the number of people the Police might need to control the scene.

With this Ordinance, Chief Tyler reported, the Police Department could then require anyone who is going to have any kind of event where there will be a “gathering of individuals,” to come to the Police Department to get a “permit” and to fill in the information needed.

The chief said he had included in the packet regarding this proposed Ordinance,

Mayor Havens asked the Chief how he would define an “event.”  Chief Tyler responded that the specifics were included on Page 2 of the proposed Ordinance; however, they included “all those kind of things where we might have to—direct traffic; reroute traffic; block roads; or provide extra people there that would not normally be handled by our “watch” on a particular shift.”

Councillor Aman spoke to “exceptions,” and inquired about the upcoming American Legion Baseball Tournament.  According to the way he read the proposed Ordinance, and even though the Recreation Department and Board of Education has given permission to use the fields, they would still have to come to the Police Department for a Permit.  If this is the case, the Councillor said he would be looking to add to the Ordinance the stipulation that if another Town agency has granted a permit, he would think that coordination would be between them, the Police Department, and the Applicant.

Councillor Aman then brought up another questionable requirement contained in the proposed Ordinance, and asked the Town Attorney to carefully check the language in the Ordinance.


ITEM:

17.     B.  (Continued)

Atty. Guliano said he would; and that in checking several areas there were items he wished to report back to the Council on.  He pointed out that, with this Ordinance, the Town would be entering an area that is “fraught with peril” because there were many First Amendment issues; and a lot of “slippery slope” issues—some of which Councillor Aman had already hit upon.

The other concern the Town Attorney said he had was the intent to exempt governmental/municipal functions from this Ordinance.  The law, he added, is clear in that area—you can do it, but you had “better have a rational basis for it.”

The primary concern the Town Attorney had was with respect to the First Amendment.  He said that it didn’t mean that there cannot be restrictions placed on these events, but he noticed in many places in the proposed Ordinance, anyone who has any kind of a “public demonstration” is going to have to put up “potentially large sums of money;” and there had better be some very good language in there about waiver, etc.”

According to Atty. Guliano, the law is very clear—if there is a restriction, you must show why it is necessary.  However, he continued, if (essentially) what you’re doing is trying to prevent people from having public demonstrations, then the Courts will not permit you to do so.

Councillor Pendleton said that she had a “huge” problem with this proposed Ordinance—in particular, because of possible violations against the First Amendment.  Also, according to the Councillor, “events” such as parades always include many participants who are “minors” (Boy Scouts, Girl Scouts, Little Leaguers, etc.); and if, as stated in the proposed Ordinance, there must be a written release signed by the parents of each one of these “minors,” the paperwork involved would be overwhelming.  

Councillor Pendleton added her request to the Town Attorney to carefully look at the language in this proposed Ordinance.




ITEM:

17.     B.  (Continued)


Councillor Delnicki then asked the Town Attorney and the Town Manager if the Connecticut Conference of Municipalities had a resource of Ordinances that have already “stood the test of legal trial” that would address something like this that wouldn’t  “trample” First Amendment rights.  If there were, the Councillor suggested, perhaps South Windsor could tailor its own after such an Ordinance.

Again, Chief Tyler explained that the primary purpose of the Ordinance was not to create situations such as the “written permission” type thing, but to make certain that the Police Department was kept appraised of “what’s happening in Town; and what resources we need to bring to bear upon that event to kept it safe.”

Councillor Fine pointed out discrepancies in the Ordinance—i.e., references, in different areas “demonstrations vs. labor actions;” and “funeral processions vs. under “Exceptions” – funeral processions.”  Chief Tyler responded that those events of most concern to the Police Department were the “unreported” events—ones that the Police Department knows nothing about.  

Deputy Mayor Pelkey referred everyone to an article in a local newspaper that spoke of the “First Amendment” (of the U.S. Constitution) that he felt everyone should read and “take to heart.”  Connecting his opening statement to the present discussion on “Regulating the Conduct on Special Events” by the establishment of a permit and fee structure, the Deputy Mayor said he had “all kinds of problems” with this proposal.  

The Deputy Mayor was of the opinion that what was being attempted here was the “regulation of traffic;” and what the Town was actually trying to do was encompass a situation that “cropped up” by creating a “big Ordinance” that, he felt, “violated all kinds of First Amendment rights.”  He suggested that “some type of vehicular control” be looked into.




ITEM:

17.     B.  (Continued)

Saying that he was in Geisslers parking lot the day of the motorcycle rally at a local business there; Deputy Mayor Pelkey said he felt, at the time, that the “police vehicles and all of that was more of a disturbance than the actual event itself.”  He added that, at the time, he observed many families with children coming into Geisslers Shopping Center and enjoying looking at “cool motorcycles,” etc. and this made him unsure if there was really a problem there—that, perhaps, there was an overreaction.

In conclusion, the Deputy Mayor suggested an Ordinance that would control vehicular traffic rather than one that prohibited “people;” because, he added, he wanted people to demonstrate—that “we don’t do enough demonstrating in this Country.”  

Town Manager Galligan reminded those listening who were around at the time that, back in the late 60s early 70s, there was a place called “Woodstock, New York.”  Continuing, he added that only 50,000 people were supposed to have shown up at that event; and a “half million people showed up.”  There were, because of this, medical issues, sanitation issues, etc.

What was being attempted here, according to Mr. Galligan, is to make certain that such problems are avoided through prior notice to the Town.  People can demonstrate, etc., he added, but the Town needs to know the “volume of what is to take place so that the Town can respond accordingly.”

Mayor Havens summed up his feelings by telling Chief Tyler that “it’s too complicated” as presented, and too restrictive.  He suggested a “one sheeter explaining who we want to control; and that’s all.  He invited Chief Tyler to return to Council with something more succinct.

C.      Discussion Item – Proposed Ordinance Establishing Uniform Standards for Bicycle Registration

Chief Tyler said that, again, the Police Department was trying to look ahead!  He added that, with Evergreen Walk coming on line there are certain things that have to be addressed that the Town does not have Ordinances for at the present time.

ITEM:

17.     C.  (Continued)

Bicycle registration, he added, is basically a “one-time fee;” is registered for life; and all that is required, initially, is that people come in and give the Police Department the name and address of the owner; put the license on their bicycle; and the Police Department will register the serial number  

The Chief said that the Department’s new computer system has a “bicycle registration format.”  If a bicycle is stolen, and it goes to another Town where it is observed to have a South Windsor license affixed, the South Windsor’s Police Department will be notified, and the bike returned to its rightful owner.  

The Chief explained even further the problems associated with storing recovered bicycles at Police Headquarters; the waste involved when their exposure to weather occurs over a long period of time, etc.  In summary, Chief Tyler said the main purpose of the proposed Ordinance was to enable the Police Department to be able to locate the owners, and return their lost or stolen bicycle.  The proposed $5.00 one-time fee is good forever and is needed only to offset the cost of the purchase of the stickers, and any paper work involved.

Mayor Havens said he would support the Resolution as long as it is “voluntary.”  Chief Tyler replied that “if it’s voluntary, it doesn’t work.”   

Councillor Fine felt that this was a good idea; however, she questioned the Police Department’s having the time and personnel to administer this proposed program.

Councillor Pendleton asked why there was a $5 fee.  Chief Tyler said that he wanted to be fair—the $5 covers the cost of the “lifetime” program; and by not depending upon funds from the town’s budget, those residents who did not have a bicycle did not end up assisting In cost of the program.

Councillor Delnicki asked what other Towns were conducting a similar program; and was there any value in having the program on a volunteer basis.  . Chief Tyler replied that East Hartford and Manchester are currently doing it; and Vernon is currently in the planning stages; and, he has never seen a similar program work when it is strictly voluntary.

ITEM:

17.     C.  (Continued)

Mayor Havens asked if there was a consensus among the Councillors as to whether this program had any merit and should, therefore, be pursued.  The general feeling among the Council Members was that it should not be pursued.  The Mayor then thanked the Chief for bringing this proposal before the Council.

D.      Resolution Setting a Time and Place for a Public Hearing regarding the expenditure of $45,000 from Capital and Non-Recurring Expenditure Account for Additional Architectural Fees Associated with Changes in the “Elementary Schools Modernization Project”

BE IT RESOLVED that the South Windsor Town Council sets Monday, July 19, 2004, at 7:30 p.m., in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut as the time and place for a Public Hearing to receive citizen input on the expenditure of $45,000 from the Capital and Non-Recurring Expenditures Account to pay for additional architectural fees associated with changes in the “Elementary Schools Modernization Project.”

Was made by:    Councillor Pendleton
Seconded by:    Deputy Mayor Pelkey
The Motion was: Approved, unanimously

E.      Resolution Approving the Transfer of Funds from Contingency Account to the Registrars of Voters’ Office Equipment Account

BE IT RESOLVED that the South Windsor Town Council hereby approves a transfer of $4,429 from Contingency Account Number 1910-9001-390 to the Registrars of Voters Office Equipment Account Number 1125-1250-441 for Fiscal Year ending June 30, 2004; and

BE IT FURTHER RESOLVED that said transfer is for the purpose of purchasing fireproof filing cabinets to store all Voter Registration Records as required by Connecticut Public Act #04113, Bill #5503, An Act Concerning Registrars of Voters and the Repair of Voting Machines on Election Day.

Was made by:    Councillor Delnicki
Seconded by:    Councillor Fine
The Motion was: Approved, unanimously
ITEM:

17.     New Business  (Continued)


F.      Resolution Approving a Refund of Property Taxes to Eleven (11) South Windsor Taxpayers

BE IT RESOLVED that the South Windsor Town Council approves a refund of property taxes to eleven (11) South Windsor taxpayers, the total of said refunds being $1,305.38 and as shown on attached Exhibit A.

Was made by:    Councillor Fine
Seconded by:    Deputy Mayor Pelkey
The Motion was: Approved, unanimously


18.     Passage of Ordinance  -  None


19.     Communications and Petitions from Council (Continued)  Mayor Havens reported to the other Council Members that the Board of Education has requested, tentatively, that the Town Council meet with them on July 13, 2004, at 7:00 p.m., at Timothy Edwards Middle School to discuss revised specifications for the “Elementary Schools Modernization Project.”


20.     Executive Session  -  None


21.     Motion to Adjourn

        A Motion to adjourn was made at 10:00 p.m., duly seconded, and unanimously approved.


Respectfully submitted,

                                                                
Patricia R. Brown
Clerk of the Council

Attmt.  (Exhibit A.)