Minutes of the regular meeting of the Board of Police Commissioner held on Tuesday, February 3, 2009 in the Lower Conference Room, 3 Main Street, Newtown, CT
Commissioner Mattegat called the meeting to order at 7:30 p.m.
PRESENT: Carol Mattegat, Duane Giannini, Robert Connor, Brian Budd, and Bruce Walzcak
ALSO PRESENT: Chief Michael Kehoe, Capt. Joe Rios, Public Works Director Fred Hurley and one member the press.
PUBLIC PARTICIPATION: None
MINUTES: Commissioner Giannini moved to accept the minutes and the addendum to the minutes of the regular meeting December 2, 2008 and Commissioner Budd seconded the motion. The minutes were unanimously approved after Chief Kehoe asked that the committee ignore the note that states the “no passing zone has not yet been marked.” The chief said it has been marked and to just eliminate the word “not.”
The minutes of the Regular Meeting of January 6, 2009 and the addendum to the minutes were acted on upon motion of Commissioner Giannini and a second by Commissioner Connor. The minutes were unanimously accepted as presented following a review of several corrections presented by Commissioner Giannini.
Those corrections were as follows:
- Under “Public Participation” (page 1): the fourth line down “tonight agenda” should be “tonight’s agenda”, the seventh line down “look into” should be “looked into”, the eighth line down “will take multiple boards” should be “will take multiple consideration from boards”, and reading from the ninth to tenth line down “Walzcak stated that that Vollmer was faulty” should be “Walzcak stated that the Vollmer study was faulty.
- Under “Minutes” (page 1): after the word “tabled” at the end of the sentence add “due to the fact that the minutes were omitted from the monthly package”.
- Under the “Captain’s Operational Report” (page 2): the seventh line down “Commissioner Gianni requested” should be “Commissioner Giannini requested”, prior to “This item was taken” in the second paragraph the following two sentences were added “A motion was considered to move this item from new business to this point in the agenda so that both presenters could finish their presentations before the weather deteriorated any further. The motion was unanimously approved and the agenda was adjusted.”
- Under Unfinished Business (page 2): second line first paragraph “this be tabled till board has time” should read this be tabled until (the) board has time.”
CHIEF’S ADMINISTRATIVE REPORT (January) Overtime was unremarkable
Budget Balances for 2008-09 were unremarkable. Fleet: status quo. Personnel: Sgt.Wisentaner’s report states one officer has completed the FTO Program. Three officers are currently assigned with F.T.O.’s. These officers are targeted for completion and assignment to patrol duty early April 2009. One officer is currently attending the Meriden Police Academy. Graduation is scheduled for the week of May 11, 2009. Projection for this officer into patrol is early September 2009. Promotions: The Sergeants written exams were held as scheduled on December 12, 2008. The Oral will be held for the Sergeant’s position on January 23rd and the Detectives written exam will be held, January 9th in the lower conference room.
The Chief submitted Training Report from Lt. Mooney. January had eight officers attending training. Re-Certification of four officers was accomplished from the Fairfield County Training Officers association held at Western CT State University. The whole department received Blood borne Pathogens Training this was coordinated by Sgt. Robinson through the Mobile Data Terminals well as testing process. A Travel Restriction on training was received from the First Selectman’s office. Letters of Gratitude for Officers Hull, Murphy and Wood. Correspondences: As far as Commissioner Giannini’s question regarding ADM and Secure Investigations as the new polygraph examiners (in regards to validation certificates) chief says he spoke with Finance Director Tait and Mr. Tait indicated that
because they are professional service they are exempt under our finance rules.
Commissioner Walzcak asked how controlling “T&E” travel and expenses would impact training and what was the procedure for getting the funds to get it done. The chief indicated that some of the officers have a higher level of certification training sometimes have to go outside of state for that training. According to the Chief, there should be exceptions for those people and do it on a “case by case” basis when those things come up so they don’t lose their certifications. The Chief indicated a strong desire to cut down on travel and expenses when we can, but sometimes you just can’t.
As far as the ADM & Secure Investigations as the new polygraph examiners, the chief said that their fees are below the threshold of $2000 so we wouldn’t have to go out and bid on that. According to the chief, all certifications of the examiners are current and approved by POST.
Updates: Queen St. in front of Middle School, Crosswalk/Traffic Plateau progress still delayed. Signage - No Turn on Red RT 25 & Mile Hill, waiting for signage to be placed. Town Road Speed Limits were still being studied. Curb Cut Study, RT 6 – No report as of yet, study is still on going. Pearl Street Speed Limit – request sent to STC for approval – STC is reviewing. Hattertown Road and Rte 302 are under review. Press Releases: Winter Reminder from Traffic Unit: No overnight parking on Town roadways this will be in effect from Nov15th to March 15 between sunrise and sunset. Please also remember to remove snow and/or ice from vehicles and sidewalks, also any debris. This will ensure a safer winter for all concerned.
Budget update Jan 22, read in paper and minutes to the board of selectman meeting they cut just about every budget presented and the department’s budget did not escape the axe. The Board of Selectman eliminated various things from our entire small capital projects and reduced some recruitment totaling $91,090. The chief indicated the police department had worked very hard to meet the services of the community and the Board of Selectman was very reluctant to cut personnel.
CAPTAIN’S OPERATIONAL REPORT (January 2009) included (also are last year’s report for comparison) Motor Vehicles Activity Report, DUI Report and Monthly Calls for Services. Traffic Enforcement Unit Report and Detective Division Report. Grants: DWI Update given by Capt. Rios shows 4 DUI arrests. Incident reports totals were discussed. Top of the list were the 78 accidents. Traffic Enforcement Unit Report created by Lt Sinko.
A News Release was included showing two arrests were made as a result of a speeding complaint in the area of Taunton Lane. The Traffic Unit encourages people to remember to utilize the police departments website as another means to contact the unit.
Captain Rios indicated they had reminded Lt Sinko to put out a monthly traffic report and releasing it to the proper media outlets.
Commissioner Walzcak congratulated the Traffic Enforcement Unit on good work after noting they had made a total of 405 incidents for 33 days in 2008/ 2009 with less days indicating they were up almost 25 percent.
Detective Division Report by Detective Sgt. Cole - According to Captain Rios, Det. Sgt. Cole’s report highlights what the detectives and the school officers have been involved in. Commissioner Connor raised concern regarding the male middle school student who was arrested a second time for an incident that occurred while traveling on a school bus and wanted to know who dropped the ball. Chief Kehoe indicated the first arrest was made following an investigation into a complaint made by three girls. The second arrest was a result of the publication of the first arrest where four more girls come forward and complained about the same incident. Both Commissioner Connor and Chairman Mattegat asked if the police were ticketing the cars parked in the no parking zones along Main Street. The chief indicated that
most of the violations occur when there are movies or other activities being held and says that most of them are individuals from out of town not following the signs.
Unfinished Business:
Discussion, re-consideration and possible action on Chief’s evaluation process and format.
Commissioner Giannini thanked everyone who got back to him with comments and addressed two components of the evaluation process and one is actual process itself the second is the format. He requested that if commissioners give him comments on the format that it would be helpful to finalize the format portion of it. Getting into the evaluations, Commissioner Giannini indicated that everyone gave him good feedback on the scale - on the document itself.
Commissioner Walzcak suggested making the competencies easier to read by breaking them out into component pieces using numbers. He said it would be easier to use numbers 1 through 5 than letters. Commissioner Giannini said that if he can get communication on Competencies Section 1 and get agreement on them, he will be able to take it to next level, get everyone’s comments integrated and get it back out to the commission. Section II the goals we agree to would be have would be transferred to section II. If he could have agreement on Sections I and II than we could move onto actual process itself. In regards to the five-point scale, Commissioner Giannini says he prefers the three-point scale but the five-point scale allows you to fine-tune it.
According to Commissioner Giannini, he reviewed Trumbull, New Milford and Clinton’s review process that they use for the chief and they were all very similar to the handout which uses a core competency approach. The next piece of the flow is for the chairman of board to develop the review and send it to the board for board input.
According to Commissioner Giannini, 60 days prior to close of the current review period the chairman requests in writing that the Chief updates write up a self-evaluation and requests he meet to discuss how he met his performance goals to date. Concurrent with this, the chairman solicits from the commission their feedback on how the chief met the goals. It all gets put into one document that would go before the commission where they could comment, add, and debate the performance. After commission agrees to the final document, they would present it to the Chief.
Discussion and possible action on Town-wide traffic Calming Guidelines regarding Traffic Calming Ordinance. (Commissioner Walzcak).
Commissioner Walzcak reviewed his flow chart with the board indicating the channels complaints would have to go through to get a response.
Chief Kehoe said he believed it would make things simpler if the complaints were handled first at the lowest level by the Traffic Enforcement Officer and would advance to the next stage in the process only if they could not be resolved.
According to Commissioner Walzcak, somewhere in the evaluation there would be a standard – not a state road, not a dead end, etc. Someone has to look at how big the area is and how many residents affected.
After some discussion on the matter, Chairman Mattegat suggested that the board “sleep on it, “chew on it” and review it at the next meeting.”
Furthermore, she indicated that the “clock was ticking and that the commission has to report back within six months of the affected date.
The chief agreed and said the commission needed to report this to the Legislative Council.
Commissioner Budd indicated that the bottom line was funding. According to Budd, if there are only one or two calls the department isn’t going to send two or three cars to monitor the area. You would need a volume of calls and the lowest levels need to be exhausted first.
Review of Crosswalks town-wide:
Chief Kehoe said that the department recognizes the crosswalks in Newtown aren’t the safest crosswalks in a community but said that this also wasn’t New York City where there are lights to stop traffic so someone can cross the road. Every small town in Connecticut faces the same problem.
The chief went on to say there is a level of risk that is always going to be present when you want to cross the road at a crosswalk.
Most of the crosswalks in town are state crosswalks, he added.
Chief Kehoe went on to say this review was a blueprint for things down the road.
Commissioner Walzcak said he felt there must be things the Town can do to make the crosswalks safer. He indicated “the stanchion in the middle of the road on Glover work’s like a champ.” Furthermore he said relatively simple things would make the crosswalks safer.
Public Works Director Hurley stated that a lot of town’s are interested in what the commission is doing because they haven’t solved the (crosswalk) problem.
He suggests that maybe using a different material like stamped concrete would help.
In addition, Director Hurley suggested using a speed table as temporary way of assessing a solution to the problem.
Commissioner Walzcak expressed concern about the lack of visual indicators marking the ends of the crosswalk on Main Street.
According to PW Director Hurley, they have the materials for temporary solutions.
Commissioner Budd asked Fred Hurley if he would be able to come up with a figure for the next meeting to put in a permanent raised crosswalk in front of the Middle School.
Suggests putting in temporary structure first to see how public reacts.
Commissioner Walzcak asked if that figure could also include a “neck down.”
The commission agreed they have several options stamped concrete, additional signage, additional markings and raised structures.
PW Director Hurley said he would come up with some figures.
Captain Rios brought up the methods used out west and PW Hurley indicated those were fine out there but that they would not all hold up to the weather here in New England.
Chairman Mattegat said she would ask that the board discuss it more at their next meeting.
Fred Hurley left at 8:58 pm
Review of Traffic Management Strategic Plan
Chief Kehoe said that Lt. Sinko’s review did not have enough data as the traffic bureau only started six-months ago. He suggested that the board should look at the data that will be available at this time next year.
Discussion, comments and possible action on curb cuts on Queen Street
According to Chief Kehoe, the commission needs to get a legal opinion whether the town can reduce curb cuts.
Chairman Mattegat said that there were so many curb cuts that when people put their signal light on it was confusing.
After some discussion, Chairman Mattegat said she would contact Jean St Jean in regards to where the town line (“right of way”) comes in. This would establish how much land the town owns and how much of a right the town has as to reducing the curb cuts.
NEW BUSINESS:
Discussion and re-consideration of the Vollmer Greater Queen Street Traffic Study
According to Chief Kehoe, there have been 49 accidents there in the last three years. In two of those accidents motorists actually hit the flagpole.
Budd asked if any studies were done prior to the Vollmer Study and both Chairman Mattegat and Chief Kehoe answered yes almost 20-years ago.
Commissioners expressed their curiosity as to the number and cause of the accidents at that intersection.
The Chief indicated he would have the traffic unit do a study on this and that it might be available for commission’s the next meeting.
Discussion and Consideration of new strategies for Police Department Space Needs.
Chief Kehoe stated that all the plans were given to Brian Humes and that he hopes Mr. Humes will have a report within the next month. Additionally, the Chief said that the report is needed to see how the Department can move forward. Chief Kehoe indicated there were some compelling issues.
Commissioners agreed it would be good to go to Danbury Police Department’s open house to view their facility.
Commissioner Budd asked the commission needs a footprint who do they talk to.
To secure a footprint for FFH, Chief Kehoe said that Bob Geckle was the man to talk to, as there are certain places where a police station can go and places where it can’t go.
Discussion and action of Policy & Procedures:
Chief Kehoe indicated the need to update the policies so that they could best direct the officers in theses situations. The policies haven’t been changed since 1990.
Discussion and acceptance of Policy & Procedures on the following Policy # 5-0 Criminal Investigations (revised)
Discussion and acceptance of Policy & Procedures on the following Policy # 5-1 Burglary Investigations (revised) – Not much changed.
Discussion and acceptance of Policy & Procedures on the following Policy # 5-2 Robbery Investigations (revised) – Not much changed.
Discussion and acceptance of Policy & Procedures on the following Policy # 5-3 Conducting Interviews and Taking Statements (revised) – Had a very general procedure for that incorporating what we do today.
Discussion and acceptance of Policy & Procedures on the following Policy # 5-4 Sexual Assault Interviews (new) – Looked a various policies in other communities, we did all these things, but this articulates what we should do.
Discussion and acceptance of Policy & Procedures on the following Policy # 5-5 Crime Scene (revised) –
Discussion and acceptance of Policy & Procedures on the following Policy # 5-13 Major Crime Scenes (revised) –.
Discussion and acceptance of Policy & Procedures on the following Policy # 7-2 MVA Investigations and Reports (revised) – Minor changes.
Chief Kehoe indicated that the next three policies and procedures are long over due and the department should have had them in place a long time ago. All three follows the state guidelines.
Discussion and acceptance of Policy & Procedures on the following Policy # 8-21 Dealing with the Deaf and Hearing Impaired (new)
Discussion and acceptance of Policy & Procedures on the following Policy # 8-22 Encounters with the Developmentally Disabled (new)
Discussion and acceptance of Policy & Procedures on the following Policy # 8-23 Limited English Proficiency (new)
Discussion and acceptance of repeal of Policy & Procedures on the following Policy # 5-4 Conducting Identifications (repeal)
Discussion and acceptance of repeal of Policy & Procedures on the following Policy # 6-1 Evidence Control (repeal)
Discussion and acceptance of repeal of Policy & Procedures on the following Policy # 7-5 Random Motor Vehicle Stops (repeal)
Discussion and acceptance of repeal of Policy & Procedures on the following Policy # 8-9 Combat Auto Theft Program (repeal)
Discussion and acceptance of repeal of Policy & Procedures on the following Policy # 10-2 Baseball Caps (repeal)
Commissioner Connor moved to accept the new policies 5-0 Criminal Investigations (revised), 5-1 Burglary Investigations (revised), 5-2 Robbery Investigations (revised), 5-3 Conducting Interviews and Taking Statements (revised), 5-4 Sexual assault Interviews (new), 5-5 Crime Scene (revised), 5-13 Major Crime Scenes (revised), 7-2 MVA Investigations and Reports (revised), 8-21 Dealing with the Deaf and Hearing Impaired (new), 8-22 Encounters with the Developmentally Disabled (new) and 8-23 Limited English Proficiency (new); and to repeal policies 5-4 (Conducting Identifications), 6-1 Evidence Control, 7-5 Random Motor Vehicle Stops, 9-9 Combat auto Theft Program, and 10-2 Baseball Caps. Second by Commissioner Walzcak and motion was unanimously approved.
Policy and Procedures will be available on the computers throughout the department as well as the laptops and can be available for download onto thumb drives.
EXECUTIVE SESSION: Commissioner Mattegat moved to adjourn the meeting and enter executive session at 9:35 p.m. to discuss strategy for collective bargaining Chief Kehoe and Captain Rios were invited to attend. The motion was seconded by Commissioner Connor and unanimously carried.
At this time the clerks left the meeting.
Carol A. Swigart, Clerk
Ted Swigart, Clerk
BOARD OF POLICE COMMISSIONERS
ADDENDUM TO
MINUTES
REGULAR MEETING OF THE TOWN OF NEWTOWN BOARD OF POLICE COMMISSIONERS HELD ON FEBRUARY 3, 2009
At 9:48 P. M., the Board left executive session.
At 9:48 P. M. Commissioner Connor moved to adjourn, seconded by Commissioner Budd, unanimously passed by the Board.
Submitted by:__________________________________
Chief Michael K. Kehoe
For
Carol Mattegat, Chairperson
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