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Minutes 4-7-09
Minutes of the Regular Meeting of the Board of Police Commissioners held April 7, 2009 in the Lower Conference Room of Town Hall South, 3 Main Street, Newtown, CT.
Chairman Mattegat called the meeting to order at 7:30 pm.
PRESENT: Carol Mattegat, Duane Giannini, Brian Budd and Commissioner Walzcak
ABSENT: Robert Connor
ALSO PRESENT: Chief Michael Kehoe, Captain Joe Rios, 2 members of the public and 1 member of the press.

PUBLIC PARTICIPATION:  Kendra Bobowick, 13 Great Quarter Road, expressed her concern about the speed of traffic on her road indicating she doesn’t feel entirely safe on the road.
According to Miss Bobowick, drivers appear upset when they see her asking them to slow down. She believes that police should take action to put the responsibility back on the drivers’ rather than her.
Miss Bobowick stated that she contacted Lt. George Sinko a year ago and a Speed Trailer was put in place, but the trailer’s batteries gave out.
Capt. Rios said he appreciated Miss Bobowick bringing the matter to his attention, and said someone would be contacting her shortly.
According to the Captain, it’s definitely an issue and told the concerned resident that he would start some enforcement measures and see how they do.
Commissioner Walzcak asked if there was any particular signage on the road such as “Slow Children”; and Miss Bobowick said no. There was only a bus stop sign.
MINUTES: Commissioner Budd made the motion to accept the minutes of the regular meeting March 3, 2009. Commissioner Walzcak seconded the motion and the vote was unanimous. Commissioner Giannini abstained as he was not present at the meeting.
Commissioner Walzak made the motion to accept the minutes of the Special Meeting, March 10, 2009, with the changes made by Commissioner Giannini. Commissioner Budd seconded the motion and the minutes were unanimously approved. SEE ATTACHMENT A.

CHIEF’s REPORT:
Budget Reports: Chief Kehoe noted that there was nothing remarkable in regards to the Monthly Police Overtime, Line Item Budget Balances and GL Account Balances.
The Chief was pleased to inform commissioners in his budget update that (on April 1, 2009) the Legislative Council put back the money taken out of the department’s budget for over-time, three police cars and two police officers by the Board of Finance.  Many thanks to Second Selectman Paul Mangiafico for presenting a concise and accurate speech to the Legislative Council on these important police fiscal matters.
Fleet: Chief Kehoe said the fleet was at status quo.
Personnel Report:  The Chief gave commissioners the FTEP Report by Sgt. Wisentaner and highlighted the status of the two new officers in training. He also told commissioners that Mary Helen McCarthy was back working at the department and filing the vacant position of PPO Aileen Murphy.
Training Report: The Chief gave commissioners the written report from Lt. Mooney.
Correspondences: Commissioners were presented with a letter from Michael Galante, Executive Vice President of Frederick P. Clark Associates, Inc, regarding the traffic light at Meadowbrook Road/ Botsford Hill Road intersection on South Main Street. According to Mr. Galante, CT DOT will soon be adding 8 seconds of green time on the side road approaches during peak hours and 5 seconds of green time during off-peak hours.
Updates:  According to Chief Kehoe, their waiting for the No Turn On Red sign to be placed at the intersection of Route 25 and Mile Hill Road; there is no report on the Curb Cuts Study on Route 6; the study regarding the Town Road Speed Limits as presented by the STC is ongoing; STC is reviewing the request for the Pearl Street Speed Limit; and Hattertown Road and Route 302 sign requests are being reviewed.
Briefing on Regional Communications Planning: The Chief said that the studies will go on looking into such questions as how the regional division will be accomplished, the costs, and who will be involved.
According to Chief Kehoe, the Director of Communications, Maureen Will, is going about the planning in the right way and noted that it was not an easy task and he believes this process will take several years.
Commissioner Walzcak said that it was worthwhile to pursue and noted that there was state financing out there encouraging consolidation.
Commissioner Budd expressed his concerns with combining the police operations in a center that is located so far the police department itself due to the parameters of the NCIC system.
According to Commissioner Budd, if you need NCIC printouts you can’t e-mail them. It must be a hard copy pick-up.
Chief Kehoe stated that this still doesn’t mean they can’t combine some of the agencies (like fire and EMS and keep Police independent) and indicated that they should embrace the stage of looking at combining the agencies.
Sandy Hook Center Traffic Light Update: The Chief said he received a call from DOT saying they had the Sandy Hook Center Traffic Light in a project plan. He added that he told DOT about the crosswalks also.
Danbury PD Dedication & Tour 1pm, April 21: Chief Kehoe told commissioners Danbury Police Department invited them to the dedication and tour of their new facility at 1 pm April 21, 2009 and noted that if commissioners can’t make it at that time that Danbury PD said they would be happy to accommodate them anytime.
3rd Quarter Stats UCR: The Chief noted there was nothing remarkable.
Grants Update/ Major Project Update (CAD/RMS, UPS, and Voice Recorder): According to the Chief, in the way of grants, the Town PD is receiving $30,000 in stimulus money, but he hasn’t seen any documentation or parameters on that. It could fund the small cap projects that were cut from the budget, he added.
The chief informed commissioners that the Department is applying for a Cops More Grant for two officers which would be contingency money only if the budget is not approved and told them that for the department to be considered for that they needed to apply now. We can withdraw later on, he said.
In regards to the CAD/RMS, the Chief told the Board that they had run into a couple of hiccups and that the CAD date will be pushed out until approximately September or thereafter.
Also, the Chief added that the Department is having problems with UPS and are working through the problems. They are putting the finishing touches with the Voice Recorder and noted that BEI of Cheshire is the current vendor.
Evidence Room Inventory:  Chief Kehoe said the Evidence Room Inventory was complete adding that the review of the room conducted by Lt. Sinko found everything to be in place.
Captain’s Report:
Capt. Rios explained to commissioners that they each had copies of his reports.
He explained that during Officer Sylva’s Commercial Truck Safety Inspections, the Officer had taken two commercial trucks out of service for safety violations.
The Captain also told commissioners that the Speed Century Display units were out and that the Department is focusing their attention on many roads in town.
Commissioner Walzcak brought up the issue of the camera enforcement of speeding in towns in upstate New York and noted that Herb Rosenthal was going to monitor it through the Council of Mayors.
Chief Kehoe noted that it was not going to happen in Connecticut this year and said that they’re testing sites but there is not enough support in the State. He added that everyone is aware it will increase revenues, but there is too much opposition.
Incident Analysis Report: According to Capt. Rios, the Department is working on the robbery case down at the Sandy Hook Center Laundromat and added that they hope to be making an arrest very soon.
Commissioner Walzcak noted first-hand the need for speed control on Lake View Terrace emphasizing that it was such a narrow road and a dangerous situation.
 Chairman Mattegat added that it’s been that way since the oil was put down on the road in the 1960’s and the road is wider now.
Monthly Division Report: Capt. Rios highlighted Sgt. Coles Detective Division report noting that there are several investigations that are ongoing.
According to the Captain, a recent spot compliance check by the Connecticut Alcohol Control Division of the local drinking establishment, Hot Shots, turned up several violations.
Chief Kehoe noted that the compliance check took place after there were complaints that there may be activities that are illegal there. The Department partners up with the liquor control because liquor control can take more actions than the department alone can and impose administrative sanctions.
Capt. Rios encouraged board members to go to the DARE Culminations that will be happening were soon.
Unfinished Business:
Discussion and Possible Action on Town-wide Traffic Calming Guidelines regarding the Traffic Calming Ordinance (Commissioners Budd and Walzcak):  According to Commissioner Walzcak, he and Commissioner Budd are taking the flow chart of the process and putting it into words.
According to Commissioner Budd, he and Commissioner Walzcak are 90% to 95% together on the program but have a difference of opinion regarding how it will affect the Board.
Commissioner Budd said he believes that if this program into affect it will impede the Board of Police Commissioners from moving forward in regards to traffic calming. The public wants it addressed, he added. But he doesn’t want the Board to lose freedom to decide (for example) whether to put up stop sign in the future.
Commissioner Walzcak said that ITE’s definition of traffic calming is physical barriers and geographic changes to the road. He gave several examples: creating a barrier to traffic, configuring the road to an “S”, and putting in physical changes to the road; and noted that these changes do not include signage.
Commissioner Budd cited the example of putting in a raised crosswalk on Queen Street in front of the Middle School asking commissioners whether they should have to go through all of this (the traffic calming guidelines) or make a decision on it as a board.
Chairman Mattegat agreed with Commissioner Budd and indicated that the Board should have some freedom based on the situation to make an immediate decision.
Commissioner Walzcak used the hypothetical example of a suggestion to put a Speed Table on Great Quarter Road. The Ordinance would say no and that you need to contact residents, initiate a study and vote. What procedure would you cut out? He asked.
How you would find out is by a constituent coming to a meeting, Commissioner Budd replied. We should have the ultimate responsibility to prioritize, he added. If there are 5 0r 6 issues the Board can decide which have the highest priority.
Commissioner noted that it would be frustrating in some situations such as the crosswalk in front of the schools.
Chairman Mattegat noted that in the guidelines it stated that you must have a minimum of 20 voters. If you can’t get that is that fair to the others? She asked.
Where do we come up with a number? Commissioner Giannini asked.
According to Chairman Mattegat, you have to look at the whole picture including the type of neighborhood.
Commissioner Walzcak stated that you must have enough support from the neighborhood to start the process.
The number (20) is only a starting point, Commissioner Budd said. This is a rough draft.
According to Commissioner Budd, the strategy with the number 20 is to present it to the Legislative Council and the Board of Selectman. If it is rejected the Board can get more support as to what should be stated.
Chairman Mattegat stated that she would like a percentage not a hard figure.
Commissioner Giannini referred to a bolded comment that the Board of Police Commissioners could redirect.
According to Commissioner Budd, he thinks the Board needs to have that comment there and said Commissioner Walzcak thinks they can go around it.
According to Commissioner Giannini, it is the Board’s responsibility to say if “you” are at the top of a list.
Commissioner Giannini suggested that the guidelines could emphasize that give a set of circumstances a request would go to the top of the list.
Commissioner Budd asked Chief Kehoe if he had any glaring concerns.
The cumbersomeness, the Chief replied, adding that the whole process may be too cumbersome period.  
Commissioners expressed some concern about the verbiage in the ordinance in regards to the Engineering Study and exactly who must perform it.
If the study is supposed to be completed by a state certified licensed firm it will never happen, Chairman Mattegat said. She suggested that the ordinance should say the study needs to be completed by a Town Engineer and Chief Kehoe agreed.
According to the Chief, the Board of Police Commissioners has to come up with some guidelines. If it fails, he added the Board will at least know they have done their due diligence.
Commissioner Giannini suggested that the Board look at Greenwich’s “traffic calming”, adding that it is a living document in which procedures may be revised.
The Legislative Council needs to be updated on this, the Chief said regarding the Traffic Calming Guidelines. The Chief will handle the update of the Legislative Council.
Review of Crosswalks Town-wide, Comments and Action by the Board (Glover, Meadow and Queen Street):  Public Works Director Fred Hurley was unable to attend the meeting so Chief Kehoe indicated he would pass along the information to Mr. Hurley.
The Chief asked the Board if they wanted Mr. Hurley to go and put them (temporary raised structures) bumps) at all the locations – Meadow, Glover and in front of the Middle School on Queen Street.
For the amount of children that cross on Meadow and Glover, Commissioner Giannini believed the raised structures should be replaced, noting that cars are not slowing down the same without the bump.
To answer Fred’s question, bring the temporary raised structures back, Commissioner Budd agreed.
Commissioner Walzcak moved to continue on with the (raised structures) test on Glover and in front of the Middle School and to develop criteria for the test with a pre-number and post-number and see if it decreases. Commissioner Giannini seconded and the motion was unanimously approved.
Discussion, Comments and Possible Action on Curb Cuts on Queen Street: Chief Kehoe said he spoke to Jean St. Jean and she said, as long as the Board uses the Town of Newtown Right of Way and the Town pays for that, the Board can go through with the curb cuts.
Commissioner Walzcak moved to move forward with reduction in curb cuts per study done in 2002/2003 to extent we (the Board) can do it legally (with the following amendment to the motion) and to ask department of public works to come back to us (the Board of Police Commissioners) so we (the Board) can make an informed decision. Commissioner Giannini seconded the motion as amended and the motion was unanimously approved.
Discussion and Re-consideration of the Vollmer Greater Queen Street Traffic Study: Will be addressed at the Board’s next regular meeting.
Discussion and Consideration of New Strategies for Police Open Space Needs: Chief Kehoe asked that the strategies for open space needs be tabled until the next meeting.
Commissioner Budd agreed indicating he wanted more information.
New Business:
Discussion and Possible Action on Brom Enterprises, 183 Mt. Pleasant Road, Special Exception to construct a 17,000 sq. ft. medical office building:
After looking at the prints and location of the proposed office building, Chairman Mattegat said she thinks its fine and has no problem with the traffic study.
Discussion and Possible Action on 164 Mt. Pleasant Road, proposed commercial mixed use development: Michael Galante, Executive Vice President of Frederick P. Clark Associates, presented commissioners with various maps and prints depicting the site and traffic patterns.
According to Mr. Galante, the 28,189 sq. ft. mixed use development will be comprised of the following: Retail Space 12,203 sq. ft., Restaurant Space 2,000 sq. ft. and Office Space 14,186 sq. ft.
Mr. Galante estimates that there will be approximately 50-70 new primary trips on the road and 60-95 trips per hour during the morning. Predicting the growth to 2010, he said he added 60 to 95 vehicles to the driveway- 65% heading towards town and 35% heading away from town.
According to Mr. Galante, the exiting movement levels are a C and the left turns into the driveway are an A – easy to make. The sight line requirement is 500 ft. and they have well over that.
In regards to state information, he said that there were 12 accidents per year on the road.
Chief Kehoe asked if they were considering adding a second driveway and Mr. Galante replied that they couldn’t because there wasn’t enough “frontage” on the property.
The Chief told Mr. Galante that the Fire Marshall may have some concerns especially with regard to fire trucks accessing the site.
Commissioner Giannini made the motion to accept the traffic study with no issues. Commissioner Budded seconded and the motion was unanimously approved.

Discussion and Possible Action on CT DOT Local Road Accident Reduction Grant Program: Chief Kehoe told commissioners he has one area in mind the intersection of Castle Hill and King, but indicated that it may not meet the requirements of the grant.
According to Chairman Mattegat, the restructuring of the Castle Hill and King intersection would cost millions.
Looking at the grant’s guidelines, Commissioner Walzcak said it may be hard to qualify.
Chief Kehoe added that the total project can’t exceed $375,000.
According to the Chief, the intersection of Queen Street and Glover might qualify and he added that it must be a local road.
Chief Kehoe stated that he will talk to Mr. Hurley about it.

Commissioner’s Discussion and Participation: Commissioner Giannini went on record commending the traffic study by Officer Kullgren. According to Commissioner Giannini, the study which noted the accidents, types and history, was a “quality document.”
Chairman Mattegat stated that Newtown Police Department did an outstanding job with Lois Pratt’s funeral. Kudos to all who participated, she said.

Executive Session:
Commissioner Walzcak moved to go into executive session to discuss a Personnel Matter at 9:35 pm. Commissioner Giannini seconded and the motion was unanimously carried.
Commissioner Walzak moved to invite Chief Kehoe, Captain Rios, Sgt. Darlene Froehlich and Union President / Representative Andy Stinson to attend. Commissioner Giannini seconded and the motion was unanimously approved.
At this time the clerk left the meeting.
Ted Swigart, Clerk