Minutes from the Board of Police Commissioners regular meeting held Tuesday, August 4, 2009, in the meeting room of Town Hall South, 3 Main Street, Newtown. Commissioner Duane Giannini, who chaired the evenings meeting in the absence of Chairman Mattegat, called the meeting to order at 7:04 pm.
Present: Duane Giannini, Bruce Walczak and Brian Budd
Absent: Robert Connor and Chairman Carol Mattegat
Also Present: Chief Michael Kehoe, Captain Jose Rios, and one member of the press.
EXECUTIVE SESSION: Promptly after the meeting was called to order at 7:04 pm, Commissioner Budd made the motion to go into executive session for the purpose of legal strategy for a labor matter and invited Chief Kehoe, Capt. Rios and Labor Council for the town, Frank Dorsey, to attend. Commissioner Walczak seconded and the motion was unanimously approved.
Executive session ended at 8:32 pm.
Commissioner Giannini reopened the regular meeting at 8:25 pm.
PUBLIC PARTICIPATION: none
CONSIDERATION AND APPROVAL OF THE MINUTES FOR THE REGULAR MEETING TUESDAY, JULY 7, 2009 and SPECIAL MEETING TUESDAY, JULY 14, 2009:
Mr. Budd made the motion to approve the minutes of the regular meeting July 7, 2009. Commissioner Walczak seconded and the motion was unanimously carried.
Approval of the minutes of the Special Meeting, July 14, 2009, was tabled until the next meeting by Commissioner Giannini until a quorum of commissioners could be confirmed for the vote. Commissioner Giannini indicated he was not at the Special Meeting on July 14, so he wished not to vote on the matter. Since there were only two members of the board that could vote on those particular minutes, he questioned the legality of the vote and asked for a review of Robert’s Rules regarding such a situation.
CHIEF’S REPORT: Budget Reports – As of July 31, Chief Kehoe indicated that in regards to Monthly Police Overtime, Line Item Budget Balances, and GL Accounts there was nothing remarkable, but concluded that the department was just trying to catch up on expenditures. FLEET – the Chief informed commissioners that there was one accident involving an unmarked car and that the repairs were forthcoming. He added that there were two cars, allocated in the ’08-’09 budget, on order. Personnel Report - the Chief referenced Sgt. Wisentaner’s FTEP Report and informed commissioners that only one officer , Officer Guernsey, remained in training and added that he will probably be on full independent duty this
month.
The Chief Kehoe also reported that an Intel s position opened in Fairfield County and Officer John McCluskey will apply for that position on a regional basis. According to the Chief, he the aptitude, he has knowledge and background with his NYC experience.
Training Report – Chief Kehoe indicated that he did not have a copy of the Written Report by Lt. Mooney at this time, but said it was electronically sent to commissioners. Letters of Gratitude – the Chief called commissioners attention to two letters of gratitude that were in their meeting packets – one for Officer McCarthy and one for Officer Stinson. Correspondences – the Chief reported that the STC got around to the Highland Plaza, updating commissioners in regards to their status with Phase II and Phase III. However, the Chief indicated that because of economic down turn they (developers of the plaza) basically shut down their operations and said they won’t put a lot into that until they know what their retail establishment is.
Updates – Town Road Speed Limits as presented by the STC – the study is ongoing; Curb Cut Study, Rte. 6 – no report; and Hattertown Road and Rte. 302 – still being reviewed.
Review of 2008 Motor Vehicle Accidents – Chief Kehoe commended Lt. George Sinko his thorough report. According to the chief, the report has all the parts and pieces the department needs to have and added that it helps the police department target specific areas as part of its strategic plan.
Commissioner Giannini asked the Chief if there was a time frame.
Chief Kehoe didn’t specify an exact time frame, but indicated that there were a few pieces that had to be considered: the enforcement piece – the cause of the accidents has to be determined, the saturation of enforcement on the roads, and the follow-up indicating what kind of impact the department’s enforcement has had.
Commissioner Walczak added the department could use the articles written on the police reports as education pieces and sited an example of an accident that occurred because a motorist was following too close. He suggested that the report include the actual law as to what was considered “following too close.”
Commissioner Walczak also asked if Lt. Sinko could “break-out” the Queen Street numbers – North vs. South, indicating that the make-up of the two ends of the street were very different.
Bennetts Bridge Review- Chief Kehoe informed commissioners that Bennetts Bridge is a town bridge and told them that the department found the signs were inadequate. The Chief added that “Bridge Ahead, Yield” signs will be put in place at either end of the bridge.
In regards to any signs that may have overgrowth concealing them, the Chief told commissioners that anybody can notify Public Works on any signs that are overgrown. According to Chief Kehoe, there are certain areas in the town that public works knows they need to tend to every two or three weeks.
CAPTAIN’S REPORT: Motor Vehicle Enforcement Reports - Capt. Rios discussed the July 2008 and July 2009 reports. He noted that for July 2009 there were six DUI arrests. Monthly Traffic Enforcement Unit Report narrative – the Captain briefed the commission on the report noting that the DUI patrols were out focusing on Drunk Drivers on July 4th. The Captain also noted that the Bike Challenge that came through town kept them very busy. In addition, the Captain highlighted a unique DUI checkpoint where the department changed locations midway through the evening, starting at Church Hill Road and moving to a location by Exit 11 later that night.
Incident Analysis Report June 2009 – the captain reported that there was nothing significant.
The report highlighted the following: Motor Vehicle Accidents, 70; Vandalism, 35; Larceny, 16; Fraud, 9; Assault, 3; and Sexual Offenses, 3.
Detective Division Report- Captain Rios said that reported highlighted the division’s activities and that there was nothing really significant.
The Captain said that the detective division has been working with other agencies and recently a warrant was served on an individual regarding internet investigation. He added that the New York Police Department did a nice job. According to Captain Rios, Officer Pisani worked hard on that case and per Sgt. Cole she did a fine job.
UNFINISHED BUSINESS:
Discussion and Comments from the Board on the Chief’s Evaluation ’08-’09 (Chairman Mattegat and Commissioner Giannini) - Commissioner Giannini requested that the discussion be tabled indicating that a little more information was needed.
Discussion and Possible Action on Sexual Offenders Ordinance – Chief Kehoe said he sent out a packet to commissioners regarding the matter.
According to the Chief, he spoke with the Town’s Attorney, Dave Groggins, regarding Ridgefield’s Sexual Offenders Ordinance. He also mentioned that Brookfield and Danbury had similar ordinances.
Chief Kehoe asked if the board wanted him to pursue pushing the ordinance and going through the process. He told commissioners that the attorney indicated there is often a gap - 2 weeks to 3 months - between an offender violating their probation and a warrant being served. The Chief noted that creating an ordinance would be a “stop-gap.”
Commissioner Walczak added that there was no compelling reason to create an ordinance, but indicated that one would hate to have something like that which the Chief described happen.
If the board moves forward with the process and accepts and ordinance, the Chief says that their recommendation would then go to the Board of Selectman and on to the Legislative Council.
Commissioners all expressed their beliefs that an ordinance should be in place to prevent such a gap and asked that the Chief move forward with the process.
Commissioner Giannini believed that such an action would be “more of a message” that the department and commission are “taking a proactive step” and noted he would like to move ahead with it.
The captain agreed creating an ordinance would be proactive and said that the real reason is keeping them away from the school zones and the parks.
The Chief concluded that he would bring in some documents for the next couple of meetings pertaining to such an ordinance.
Discussion and consideration of Queen Street sidewalk safety – According to the Chief, he thought there would be issues with the location of the sidewalk and discussed the matter with Commissioner Walczak.
The Chief noted that the police commission moved at 6:23pm on July 5, 2007 at 6:23 pm to accept C17 through C20 to locate the sidewalk on the Westside of Queen Street and 5 days later (July 10, 2007) the borough added to it.
According to Commissioner Walczak, the commission prepared a write-up, took responsibility, and put it into a motion. He noted that it was assumed those motions followed “directly and point by point the actual Vollmer Study.”
Commissioners discussed the matter and recalled their vote from the previous month’s meeting, July 7, 2009, where they reviewed concerns regarding pedestrians safely walking from the end of Queen Street across Mile Hill Road to the Reed School. It was at that meeting Commissioner Connor made the motion to Board of Selectman recommending that the sidewalk be moved to the eastside of Queen Street from the Westside in the interest of public safety. Commissioner Giannini seconded and the motion was unanimously carried.
Commissioner Walczak concluded the discussion by noting that in 2001 the borough had recommended the sidewalks be on the Eastside of Queen Street.
According to Commissioner Walczak, Jim Gaston asked that it be put on the board of Selectman’s agenda.
NEW BUSINESS:
Discussion and Consideration on No Parking Zone Mt. Pleasant Road and Pocono Road-
The no parking zone is located on the westbound side of Mt. Pleasant Road east of Pocono Road. According to Chief Kehoe, never any formal push by this board to the State Traffic Commission (STC) and so the no parking signs were put up without authority and removed by other individuals.
Commissioner Giannini who resides in the area says typically trucks pull off there, but noted that other vehicles do as well. However, his primary concern is that it’s a hazard.
The chief told commissioners that when the area was inspected there was a lot of traffic pulling off there. According to the Chief, the state indicated that obstructions cannot be put up to prevent parking.
After a brief discussion, Commissioner Giannini suggested that the board make a motion recommending the STC put up parking signs in that location.
Commissioner Walczak moved to recommend the STC take appropriate action in regards to no parking on the shoulder of the westbound side of Mt. Pleasant Road East of Pocono Road. Commissioner Budd seconded and the motion was unanimously carried.
Discussion and Consideration of the board’s process for approval of Police Commission minutes and information distributed to the board-
Commissioner Walzak questioned the practice of reviewing the minutes in advance by the chief.
He request that the minutes be sent to the board and the Chief at the same time.
The commission agreed that when the minutes are finished they cannot be changed - barring any questions concerning names or spellings that do not change the inference - only through motion to amend the minutes at the next meeting.
In addition, commissioners asked that the following notation be added to the end of all the minutes, “These minutes are not finalized until approved at the next regularly scheduled meeting.”
Commissioners Discussion and Participation-
Going Green / Reducing Size of Information Packets- In the effort to go green, Chief Kehoe asked commissioners to think of ways that he could reduce the size of the information packets provided to each member on the board for their regular monthly meetings.
Although Commissioners Budd and Giannini both agreed that going electronically to reduce the amount of paper was a good idea in theory, they like having the paper to physically hold, read and make notes on.
Commissioner Giannini suggested quarterly reports in some cases for the commission rather than monthly minutes.
Commissioner Walczak also asked if the commission really needed the categories by officers.
He suggested that the commission dedicate a half-hour to one of the meetings to discuss what is relevant to commissioners and what they want to see in their packets.
Commissioner Giannini suggested putting the matter on the agenda for September.
Police Department Space Needs- Commissioner Budd informed commissioners that the Board of Selectman had a meeting last night regarding the CIP request, where the Chief presented the background of the police department with Brian Humes and the Captain.
He noted that Selectman Herb Rosenthal was against it tentatively and made comment earlier in the meeting regarding Board of Education costs per square foot verses a Park and Recreation open field cost per square foot.
According to Commissioner Budd, he told Mr. Rosenthal they were very different requirements. It’s like building a police department. It’s not like building a large warehouse there is much more detail than that.
He noted however that by the end of the conversation, Mr. Rosenthal seemed open to the plight and the issue the police and the commission had with the department.
According to Chief Kehoe, he had spoken to Mr. Borst two or three weeks earlier and he was on the public building and site committee and it never turned out the way they wanted it to. The chief says he was around at that time and the plans were cut in half.
The chief also noted that the Mr. Borst told him that the board of selectman really wanted them at Fairfield Hills and added that members of the Fairfield Hills Authority were at the meeting, too.
Chief Kehoe told commissioners that a foot print of two and a half acres is needed to put the police department.
Although there were concerns about the amount of money needed, the Chief told commissioners that strategically in the end regardless of the number, can they at least say the space needs study shows the department has an inadequate facility to meet its needs.
Commissioner Budd agreed and said that there is 100% growth in personnel here since the building was conceptually designed to support 25 sworn personnel we’re almost up to 50 yet we’re still dealing with the same foot print.
Chief Kehoe told commissioners that one of the biggest issues is the departments need to add more storage space for records and evidence because it has to hold onto everything.
Commissioner Budd noted that by not approving it now will be a matter of putting off the inevitable and the cost will continue to go up.
The chief noted he is aware that when the police department approaches the Town’s various boards and commissions, they will know that the department needs a new building, but the department will ask them where they think it should be located.
With no further business, Commissioner Budd moved to adjourn the meeting at 10:15 pm. Commissioner Walczak seconded and the motion was unanimously approved.
Ted Swigart, Clerk
*These minutes are not finalized until approved at the next regularly scheduled meeting.
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