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BOARD OF SELECTMEN
May 6, 2008
SELECTMEN PRESENT: Steven N. Wawruck, Jr., Joseph R. Calsetta and Denise T. Balboni
ALSO PRESENT: Several Town Residents & a Reporter from The Hartford Courant
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CALL TO ORDER:
First Selectman Wawruck called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was observed.
PUBLIC INPUT:
Several residents were in attendance to give input on the proposed child protection ordinance. They agreed to wait to speak on the subject until the agenda item was addressed under “Old Business”.
APPROVAL OF THE APRIL 15, 2008 REGULAR MEETING MINUTES:
Selectman Balboni noted that the April 15, 2008 minutes did not include the discussion that took place on the proposed “Registered Sex Offender Ordinance”. The Selectmen agreed to amend the Minutes as follows:
“Selectman Balboni asked if the First Selectman had talked to the Town Attorney regarding the registered sex offender ordinance that was originally discussed at the March 4, 2008 Board of Selectmen’s Meeting. Selectman Wawruck stated that he had, and that the Town Attorney has some concerns with the restrictions that an ordinance of this type could have on an individual’s constitutional rights. Because of the small density (square miles) of Windsor Locks, and the close proximity of housing to area parks & schools, the question of what would hold up in a court of law needs to be addressed. The Town Attorney is looking into the constitutional procedures being followed by other towns that already have this type of ordinance in place. There are State laws in place that restrict towns from taking any unconstitutional actions.
Selectman Wawruck stated that he is in the process of obtaining an overlay of Windsor Locks that shows the 1000 ft. radius around each of the park & school areas. The overlay could also aid in determining any relocation areas. He added that he would also be coordinating these efforts with the Town Engineer.”
Selectman Balboni moved to approve the April 15, 2008, Regular Meeting Minutes as amended. Selectman Calsetta seconded the motion. All were in favor.
CORRESPONDENCE:
· A letter to Lisa Bassani (Trust for Public Land), from the First Selectman stating the town’s desire to move forward with having the Trust for Public Land negotiate a fair market price for the Connecticut Water Company land that is being abandoned on South Center Street. The decision to move in this direction was a result of the joint meeting between the Board of Selectmen and The Board of Finance on Tuesday, April 29, 2008. The town would like to have the Trust for Public Land pursue all avenues including writing the grant. A walk of the property will be done tomorrow.
NEW BUSINESS:
a. Set Annual Budget Town Meeting Date – May 20, 2008
Selectman Balboni moved to set the Annual Budget Town Meeting date for Tuesday, May 20, 2008 @ 7:30 p.m., at the Windsor Locks High School. Selectman Calsetta seconded the motion. All were in favor.
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OLD BUSINESS:
a. Connecticut Water Company Wellfield Abandonment Update
Selectman Wawruck referred to the joint meeting between the Board of Selectmen and the Board of Finance that took place on Tuesday, April 29, 2008. A copy of the Minutes, as recorded by the Board of Finance Clerk, was distributed to the Selectmen for their review.
b. Registered Sex Offender Ordinance Update
Selectman Wawruck began by stating that since the last Board of Selectmen’s meeting, a map has been put together from the town’s GIS system showing the 1,000 ft. radius from the center of each park and school area in Windsor Locks. The map was prepared at the suggestion of the Town Attorney to give the Selectmen an overview of the areas of concern, and to also help in determining where any relocation for registered offenders might be possible. Selectman Wawruck also stated that another consideration would be to determine if the 1,000 ft. radius area should be set from the center of these park & school properties, or should it start at the borders (of the properties) and radiate out from there. The town is small in acreage, six square miles without counting the airport (nine square miles including the airport), and is densely populated. Parks are located within the neighborhoods, as designed back when the town was developed. At the time of development, each residential area had open space, which evolved into parks. The number of schools is based on the neighborhood populations.
The map reflected the park 1,000 ft. radius areas in green and the school 1,000 ft. radius areas in blue. Selectman Wawruck stated that the only park not represented on this map is the one on Szepanski Way, which will eventually become a soccer field. He pointed to the open space quadrant (on the map) where the soccer field will be located. The map was designed with a 1,000 ft. radius stemming from the center of the properties. There are currently registered sex offenders living on both Chestnut Street (2) and Grove Street (1), placing their residence in close proximity to Pesci Park. The question of setting the radius from the center of the property, or the border of the property will need to be determined by the Town Attorney. Selectman Wawruck wondered how a radius area would be worked into the framework of an ordinance if the offenders were already living in a safe zone neighborhood.
Selectman Wawruck stated that his dialog with the Town Attorney was based more on constitutional concerns, as opposed to being either for or against instituting this type of ordinance. The tone was set “to do the math” first before undertaking a child safety ordinance.
Selectman Balboni felt that certain restrictions would need to be made for Windsor Locks from the already established ordinances in other towns due to its small size. Modifications will be needed for those that reside within whatever is decided to be a reasonable restricted safe zone area. She added that she didn’t feel the ordinance should be created on those who live where they do now because there is no way of predicting who will move into that area, or who will move out. A broader ordinance should be created to reflect the fact that registered offenders reside here, however, be specific enough to make some limitations for them.
Selectman Balboni stated that she would like to have the Town Attorney provide the Selectmen with an ordinance based within the perimeters of what the Selectmen want to accomplish. Based on the ordinances that are in place in the other two towns, what can Windsor Locks glean from them? She also wondered what the moderate amount of feet would be reasonable to set for as a radius; 100 feet, 50 feet, etc. She added that there are a lot of “what ifs” at this point, and though the ordinance may not be the perfect solution, it would be more than what the town currently has.
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Selectman Balboni continued by stating that she didn’t want to create a new ordinance, she would just like to go by what’s already been accepted and has been working in other towns. She also asked if the Town Attorney had given any indication of what amount of feet would be reasonable to set as a safe zone for a town the size of Windsor Locks. Selectman Wawruck stated that the attorney has not viewed the map yet.
Selectman Wawruck stated that an ordinance is normally formulated before it is given to the Town Attorney for review. It isn’t up to the Town Attorney to come back and dictate to us what he thinks the town should put in place. The perimeters of something that is viable within our community needs to debated, as was done by the committee that prepared the ordinance for the town of Danbury. He further stated that based on what he has read, a 1,000 ft. radius starting at the outside of the town’s park & school perimeters would cover the entire town of Windsor Locks, and would obliterate any possible areas for registered offenders to live in.
Selectman Wawruck proposed setting up a committee to formulate an ordinance that would adapt to the constraints of Windsor Locks. The technicalities of allowing these residents to walk on the sidewalks, and access public roads within the perimeters will also need to be considered. Selectman Balboni did not agree. She felt that putting together the ordinance should not require that kind of effort.
After more discussion, the Selectmen agreed that setting up a committee was not necessary. They decided that an ordinance could be drawn up from the two ordinances that are already in place in other towns.
Selectman Calsetta don’t know how the constitutionality of this sort of an ordinance would work, however, he felt that the state laws that are already in place should take care of these types of concerns.
Selectman Wawruck acknowledged that a meeting had taken place over a year ago with the Police Department and residents regarding registered sex offender concerns. He added that there are currently sixteen registered sex offenders in Windsor Locks.
The following town residents came forward to give input on the subject:
Barbara Craika, 54 South Center Street
Tina Coventry, 19 Grove Street
Duke Duper, 13 Grove Street
Al Roberts, 32 Grove Street
Cynthia Vierra, 15B Grove Street
Robyn O’Brien, 3 Rachel Road
Jeanne O’Brien, 76 West Street
Jo Anne Roche, 32/34 Grove Street (Rental Property), 137 Spring Street (Residence)
Their concerns were:
· Where the 1,000 ft. radius would start - in the center or outside the perimeters of the parks and school areas. (Selectman Wawruck stated that it will need to be determined)
· Common Sense - Is the Town really protecting the safety of our children? (Selectman Wawruck stated that the safety of all individuals in town is the main concern)
· Enforcement Concerns. (Selectman Balboni stated that fines would be imposed if the ordinance terms are violated within the set safe areas)
· Constitutional rights of Registered Sex Offenders. (State Laws are in place – Selectman Wawruck stated that he would get further clarification from the town attorney and the Chief of Police))
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· Resident’s rights as property owners. (Selectman Wawruck stated that all citizens’ rights need to be considered, however the Police should be contacted if there is a problem)
· Police documentation not being done, and placing telephone complaints versus submitting a written complaint. (Selectman Wawruck stated that this would be a Police Commission matter, but he would look into it. He didn’t feel that complaints should have to be formally written to be acted on)
· Sex Offenders moving from another state and not registering in Connecticut. (Selectman Wawruck will check on this with the Police Department)
· Documented events that took place that the Police were notified of and nothing has been done. (Selectman Wawruck asked for a copy of the documentation events from Robyn O’Brien to go over with the Police Chief. Selectman Balboni acknowledged that if an ordinance were in place, it would allow for a very specific response to anyone demonstrating inappropriate activity)
· Registered sex offender in Pesci Park drinking and inappropriately dressed. (Selectman Wawruck will discuss this matter with the Police Commission at their meeting next week)
· Police response with a Grove Street resident. (Selectman Wawruck will talk with the Police Chief tomorrow to get more information)
Selectman Wawruck stated again that he would address these concerns directly with the Chief of Police. Selectman Balboni requested that the Police Chief update each resident present after meeting his meeting with the First Selectman tomorrow. Selectman Wawruck then asked the residents in attendance to write their name, address and telephone numbers down so they could be reached with any immediate input. Robyn O’Brien agreed to be the point of contact for the group, with Selectman Wawruck stating that he would get back to her and the other Selectmen as soon as possible after his meeting.
Selectman Balboni then asked if there was some type of procedure in place that would notify residents if a registered sex offender was moving into their neighborhood. Selectman Wawruck stated that he would ask the Police Chief and/or Town Attorney this question.
Selectman Balboni proposed that the Town Attorney prepare an ordinance mirroring those already in place in other towns, but within the constraints of Windsor Locks. The proposed ordinance would then go before the Police Commission for review, and then to the Selectmen to recommend its adoption at a Town Meeting. She acknowledged that it will take some time, but in the interim, the First Selectman or Police Chief could remain in contact with the residents to help elevate their concerns.
Selectman Wawruck stated that he would be asking a lot of questions (of the Police Department & town attorney) to find out what can or cannot be done in this type of situation, and confirmed that he would be in touch with the Robyn O’Brien. He applauded the residents in attendance for their patience and perseverance with this matter. He also reminded them that simply having an ordinance will not protect our children, and added that it is everyone’s responsibility to do diligence and be proactive. If anyone sees an infraction, the appropriate action needs to be taken, either through the guidelines of an ordinance, or by notifying the Police Department.