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8/1/06
Minutes of the regular meeting of the Board of Police  Commissioners held on Tuesday, August 1, 2006 in the Lower Conference Room, 3 Main Street, Newtown, CT. Chairman Mattegat called the meeting to order at 7:30 p.m.

PRESENT: C. Mattegat, G. Finnegan, R. Simon, D. Giannini, R. Connor. ALSO PRESENT: Chief Kehoe,  Captain Rios, five members of public.

PUBLIC PARTICIPATION.  None noted.

MINUTES. Upon motion of Commissioner Simon, the minutes of July 5, 2006 and the addendum were unanimously approved as presented.

CHIEF’S ADMINISTRATIVE REPORT (July, 2006). Overtime is status quo. Budget balances. As of June 30, 2006 99.1% of the budget was expended. GL Accounts were unremarkable. Fleet the two new cars should be in service soon. Personnel the new hires are doing very well at the Academy.  Officers Nosal and Cheshire are doing well in phase III of field training. Training no report. Training will resume in the fall  Training on mobile traffic authority will be attended by Chairman Mattegat and a lieutenant. No Letters of appreciation were received. Expanded DUI Enforcement Grant Summer Program is ongoing. The Newtown Safer Street Initiative will continue periodically. The Board of Education invited the Commission to attend its meeting on August 15 to establish the Canine in School policy.

Commissioner Simon moved to add the Chief’s Evaluation to the agenda. Second by Commissioner Connor and unanimously carried. Commission Simon gave kudos to the Chief and staff for keeping the budget within 99.1%.

CAPTAIN’S OPERATIONAL REPORT (July, 2006)  included Motor Vehicle Activity Report, DUI Report, Monthly Calls for Service. Detective Division Report will be presented in September.~DUI checkpoint was held on July 19. The patrol  and detective divisions are to be commended for their work  since January 2005 resulting in the arrest of Mr. Sales.

OLD BUSINESS.

Application for Village District, Special Exception & Site Development Plan for 33 Church Hill Road. Alan Shepard, Professional Engineer, planned to make the presentation. Chairman Mattegat asked if he was the traffic engineer to which he replied he was not. Chairman Mattegat noted that Attorney Denlinger told her today that he would contact Mr. Burbaris, the traffic engineer, and ask him to attend tonight as the Board requested at last month’s meeting. Mr. Raffie Aryeh offered to answer any questions, but the Board again requested that the traffic engineer be present at next month’s meeting. Commissioner Simon moved to table the application until the next meeting. Second by Commissioner Giannini and unanimously carried.

Newtown High School Expansion. Chief Kehoe said that a representative of the Board of Education and the traffic engineer can attend the September 7 Police Commission meeting at 7:00 prior to the Board of Education meeting. Commissioner Simon moved that the September 7 meeting begin at 7:00 p.m. Second by Commissioner Connor and unanimously carried.

Sign at the intersection of Smoke Rise Ridge and The Old Road. Ellen Plasil, 5 Smoke Rise Ridge Road would like to post a sign on a town easement on Smoke Rise Ridge Road indicating “Private Road No Trespassing.”  She had written to Chief Kehoe asking that legal question of posting a sign be raised. She asked if this is private property that the public can be excluded from since the residents of the road own the road and pay real estate property taxes on the road. Chief Kehoe feels that “No Trespassing” is not appropriate language for such a sign. Ms. Plasil said that no one on the road wants to involve the police in a trespass matter. She said the sign was placed where Lt. Mooney recommended it be put. Chief Kehoe said that Lt. Mooney was trying to resolve an issue that was before him but that the request for a sign should have come through the Police Commission. Chief Kehoe said that regulations state that a private road sign should be green. He said that language for a sign should be clear and concise. Chief Kehoe recommends against such a sign. One resident on the road is against having a sign. Ms. Plasil said that Attorney Grogins said you do not need consensus to post a sign and that such a sign is the residents’ only defense if someone gets hurt. Commissioner Finnegan asked if the road had an organization which would have bylaws. Ms. Plasil said there is no organization. Commissioner Finnegan is not in favor of a sign being placed on a town easement because all the town taxpayers own the property. Ms. Plasil said that Attorney Grogins wrote that this matter is under the jurisdiction of the town’s traffic authority. Commissioners Simon and Finnegan object to a no trespassing sign on town property, It is Chief Kehoe’s opinion that a no trespassing sign would not hold up in a court of law
He said that a no trespassing sign on town property would sent a wrong message to residents that the town will prosecute someone who trespasses. Commissioner Giannini feels that Ms. Plasil is implying that the attorney is indemnifying you by placing a private road no trespassing sign. Commissioner Simon moved to place a sign “Smoke Rise Ridge Road” and add “Private Road” to that sign. Second by Commissioner Finnegan and unanimously carried.

NEW BUSINESS

Extension of no parking sign at Newtown Savings Bank on Main Street. Commissioner Giannini recused himself. Chairman Mattegat noted that when a large vehicle parks in front of the bank those exiting the bank cannot see to the left. Commissioner Simon moved to request that the State Traffic Commission extend the no parking zone from the driveway north to ten feet beyond the fire hydrant. Second by Commissioner Connor and unanimously carried.

There was discussion concerning the Town of Newtown Fire Ordinance. Chief Kehoe noted that the ordinance probably should be revised and updated.  Fire Marshal Bill Halstead and Chairman of the Board of Fire Commissioners Kevin Cragin will be invited to the next meeting to discuss the ordinance.

Amendments to Planning & Zoning regulations. Chief Kehoe reviewed the proposed amendments and feels that they are well reasoned regulations concerning traffic. Commissioner Simon moved to accept the revisions. Second by Commissioner Finnegan and unanimously carried.

Request for waiver of traffic study at 12 Commerce Road (TUV Rhineland). Commissioner Connor moved to waive the traffic study for 12 Commerce Road. Second by Commissioner Simon and unanimously carried.

Request for a stop sign on Bennets Bridge Road at small bridge. Chief Kehoe said there is no accident history there. He recommends that Lt. Mooney do a study of the area to include posting of warning signs as appropriate. Commissioner Simon moved that Lt. Mooney do a study of the area to include posting of warning signs as appropriate. Second by Commissioner Connor and unanimously carried.

Secondary employment request – Officer Wheeler. Commissioner Connor moved to approve Officer Wheeler’s request for secondary employment. Second by Commissioner Finnegan and unanimously carried.

Discussion and possible action concerning the Chief’s evaluation. Commissioner Giannini asked that the three goals have a measurable aspect added. Chief Kehoe said that for Goal #1 – Tier two of accreditation should be met by June 30, 2007, for Goal #2 – a traffic enforcement unit policy will be established and approved by the Board of Police Commissioners by June 30, 2007. Goal #3 is ongoing. – the Chief will report on a monthly basis using appropriate documentation. Commissioner Giannini moved to accept the Chief’s evaluation as presented with the amendments that were proposed. Second by Commissioner Simon and unanimously carried.

The Captain’s evaluation was prepared by Chief Kehoe and presented to the Commission. Commissioner Simon moved to accept the Chief’s evaluation of the Captain. Second by Commissioner Connor and unanimously carried.

Commissioner’s Participation (next agenda).  Commissioner Finnegan commends the Chief and the Department for the handling of an emergency at his home. The dispatcher was outstanding and the operation was seamless. Aid was also provided over the phone. The two officers who responded are also to be commended.

Commissioner Simon asked that the Department provide more enforcement at the Town Hall area.

Commissioner Giannini said that if parking is allowed at the Church Hill Road and Washington Avenue intersections as marked by the State, traffic will back up Church Hill Road for people turning right on red. Chief Kehoe said that the State put marking the street on hold until the DOT district representative can meet with the Department to express the concerns of the Police Commission.

Executive Session.  Commissioner Simon moved to enter executive session at 9:30 p.m. to update pending civil actions and to invite Chief Kehoe and Captain Rios to attend,  second by Commission Finnegan and unanimously carried. At this time the clerk left the meeting.



Ann M. Mazur, Clerk