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3/6/07
Minutes of the regular meeting of the Board of Police  Commissioners held on Tuesday, March 6, 2007 in the Lower Conference Room, 3 Main Street, Newtown, CT. Chairman Mattegat called the meeting to order at 7:30 p.m.

PRESENT: Carol Mattegat, Gerald Finnegan, Richard Simon. ABSENT:  Robert Connor, Duane Giannini. ALSO PRESENT: Chief Michael Kehoe,  Captain Joe Rios, Board of Finance Chairman John Kortze, Architect Peder Scott, eight members of public, one member of press.

UNFINISHED BUSINESS

Discussion and consideration on Capital Improvement Plan, Police Facilities improvements and renovations.  Comments from John Kortze. Mr. Kortze explained that the Capital Improvement Plan (CIP) is based on what the Boards of Education and Selectmen prioritize. The Board of Finance’s goal from the beginning was not to have to cull or postpone an item. If it was necessary to cull, items at the bottom were chosen. He suggested that the Police Commission make their case with the First Selectman to elevate the priority of their request. The Board of Finance established a guideline that the interest and principal would not total more than 10% of the budget. We have a lower cost to borrow if we stay within the 10%.  Mr. Kortze suggested that the Police Commission create an awareness of what you want to do. Identify your needs and get together with the Board of Selectmen.

PUBLIC PARTICIPATION. Bruce Walczak, 12 Glover Avenue, spoke with Chief Kehoe about the need for town wide education of residents and drivers on speeding issues. He requested that the Police Department and Police Commission participate in a project such as “Slow Down in Newtown.” Chief Kehoe said that he appreciates that Mr. Walczak is thinking outside of the box and that this is a communication problem and one piece of the puzzle. He said that the Department and the Commission would appreciate ideas from residents to put together such a plan.

Paul Morris, 15 Glover Avenue, asked why it is illegal to use cameras to record driving infractions. Chief Kehoe explained that the Legislature must pass a bill to allow this and that the Legislature wants to hear from the public. The Commission suggests a letter campaign grass roots efforts including contact with Representative Wasserman.

Jim Gaston, 18 Main Street, explained that prosecutors will not enforce photo evidence because there is no witness and this is hearsay. He agrees that residents should contact Representative Wasserman.

Mr. Walczak encourages the Police Commission to carefully consider the Queen Street Traffic Report. He said that the Borough put a lot of time into this. Mr. Gaston said that if the Commission has any questions don’t hesitate to call him.

Laura Lerman, 55 Main Street, said that two pedestrians have been killed in the twenty years she has lived there, two cars were totaled and two ended up on her lawn.

Mr. Walczak said that Captain Rios had reported that he would ask the Board of Education to reroute traffic from Queen Street to Route 25. He asked the Police Commission to reconsider the pressure put on the Board of Education. Chief Kehoe said the letter was a follow up to dangerous situations with buses, such a left turn onto Queen Street with traffic on Wasserman Way. Some buses were stopping in the middle of the road, confusing drivers. The Board of Ed suggested a light at Queen Street and Wasserman Way. The Board of Ed was asked to use protected left turns at Mile Hill and Route 25 and Routes 25 and 302. Mr. Walczak suggested ticketing bus drivers if they are breaking the law. He said buses are now being asked to go through three intersections rather than one and asked that the Police Commission re-evaluate their decision.

Mr. Morris asked why there was not a stop sign going south on Queen Street to Glover Avenue to stop people from speeding. Chief Kehoe said that engineering books recommend that stop signs do not control speeding. This is an oddly configured intersection. Mr. Morris said that the road in the middle of the Middle School has a stripe that may be a dual lane road but the line is not well defined. Chief Kehoe said that the plans will be reviewed to see if they were drawn to specifications and he will talk to the Town Engineer.

MINUTES. Upon motion of Commissioner Simon,  the minutes of the regular meeting of February 6, 2007 and the addendum were unanimously approved as presented.

CHIEF’S ADMINISTRATIVE REPORT (February, 2007). Overtime, Budget balances and GL Accounts were unremarkable. Fleet is statue quo. The command vehicle is in and Officer Ketchum will receive motorcycle training.  Personnel two new hires are doing an excellent job at the academy. Newtown and Brookfield will run a combined test for new hires. Training report is included. There will be much in house training in the next months. Several Letters of appreciation were received. Included in the report were a letter from Hank Kessler and Chief Kehoe’s response. Code Red is a new internet tool that the Town will use as a reverse 911 to allow the Police Department to contact part of all of the Town by phone (60,000 calls per hour) concerning safety and traffic issues.

CAPTAIN’S OPERATIONAL REPORT (February, 2007)  included Motor Vehicle Activity Report, DUI Report, Monthly Calls for Service and Detective Division Report..
Tobacco Compliance program with the State resulted in citing two of twenty businesses. We are waiting for the final paperwork for the motorcycle.

UNFINISHED BUSINESS (continued).  

Discussion and action on Highland HC, LLC Application for site development plan to include retail uses in conjunction with restaurant use, 121-125 South Main Street and the Sports Center 93 Mt. Pleasant Road. Architect and Engineer Peder Scott noted that the Police Commission requested a bypass lane on Route 25 at the proposed Highland Plaza. He said he is working with the STC whose initial comments were that the applicant may not be able to put a bypass in the DOT right of way. He is willing to make the improvements but must get the regulatory agencies to agree to this. The Chairman of Planning and Zoning indicated that P&Z may approve the application but would open another public hearing if the DOT approves a bypass. He will advise Commission when he hears from the State.

Mr. Scott presented plans for a proposed change of use to the M2A zone to allow a recreational uses. He said that property on Mt. Pleasant Road is 33 acres off Exit 9. There would be four indoor courts in one building, a medical building, two open fields, an office building and an industrial building. He said there could be 800 trips per hour at the afternoon peak traffic.

The Commission is concerned that there is only access. Several hundred people would have difficulty exiting the property in an emergency. Also emergency vehicles cannot go all the way into the complex as it is proposed. Mr. Scott said he could make an emergency lane with a break away gate. The Commission requested a traffic count at peak hours and suggested a traffic signal. Mr. Scott said that multiple exit lanes are being reviewed. The light is being looked into but the site may not warrant this.

NEW BUSINESS

Discussion and action on Tom Brook, LLC Application for site development plan to construct a 6,600 ft building at 75-77 Church Hill Road Newtown. Chief Kehoe will contact the State and request that the traffic lights have gaps put into them. The Commission had no further comments.

Discussion and comments on The Borough of Newtown Board of Burgesses’ Report on the Queen Street Area Traffic Improvement Plan. Chief Kehoe disagrees with the recommendation to have an officer available to control traffic at the flagpole because this would be very expensive and very difficult. He said this is a resource issue. Captain Rios agreed and  said he would be concerned with an officer’s safety at that intersection. Chief Kehoe also disagrees with the recommendation for zero tolerance in the Borough. Zero tolerance would have to be enforced all over town not just in one area. He said that the Department has a policy allowing police discretion and this would take away this discretion. The Commission agreed with Chief Kehoe. The matter will be tabled for further discussion next month.

Consideration and possible action on the following policies: Use of Vehicle Seat Safety Belts and Child Restraint Systems (Revised #7-8 ). Commissioner Simon moved to adopt Use of Vehicle Seat Safety Belts and Child Restraint Systems (Revised #7-8 ). Second by Commissioner Finnegan and unanimously carried.

Discussion and possible action on transfers within the Police Budget. Commissioner Simon moved to transfer from Account 01310-1003 Sworn Personnel to Account 01310-2026 Miscellaneous $1,000 for shortfall due to unforeseen criminal investigation expenditures. Second by Commission Finnegan and unanimously carried.

Commissioner Finnegan moved to transfer from Account 01310-1003 Sworn Personnel to Account 01310-2015 Police Recruitment $3,000 for shortfall due to unforeseen resignations. Second by Commission Simon and unanimously carried.

Commissioner Simon moved to transfer from Account 01310-1003 Sworn Personnel to Account 01310-5002 Patrol Cars $19,000 to cover unfunded costs for new patrol vehicle. Second by Commission Finnegan and unanimously carried.

Commissioner’s Participation. Commissioner Simon will not be at the next meeting.

Executive Session.  Commissioner Simon moved to enter executive session at 9:30 p.m. to discuss update on pending civil claims 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