Minutes from the Board of Police Commissioners regular meeting held Tuesday, September 1, 2009, in the meeting room of Town Hall South, 3 Main Street, Newtown. Chairman Carol Mattegat called the meeting to order at 7:30 pm.
Present: Duane Giannini, Bruce Walczak, Brian Budd, Robert Connor and Chairman Carol Mattegat
Absent: none
Also Present: Chief Michael Kehoe, Captain Jose Rios, Officer Andy Stinson, three members of the public, and two members of the press.
PUBLIC PARTICIPATION: none
CONSIDERATION AND APPROVAL OF THE MINUTES FOR THE REGULAR MEETING TUESDAY, AUGUST 8, 2009 and SPECIAL MEETING TUESDAY, JULY 14, 2009:
Commissioner Giannini made the motion to approve the minutes of the regular meeting August 8, 2009. Commissioner Budd seconded and the motion was unanimously carried.
Commissioner Budd moved to accept the minutes of the Special Meeting, July 14, 2009. Commissioner Walczak seconded and the motion was unanimously approved.
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 noted the breakdown was in their meeting packets. FLEET – The chief added that the two new patrol cars, allocated in the ’08-’09 budget, are on order still. Personnel Report - Chief Kehoe referenced Sgt. Wisentaner’s FTEP Report and informed commissioners that Officer Guernsey was in field training and would be finishing this month. He added that a copy of the officer’s final grades at were in their packets.
On a side note, the chief announced to commissioners the edition of a new High School SRO – Officer Jason Flynn.
Training Report – Chief Kehoe called commissioners attention to a copy of the Written Report by Lt. Mooney. The chief noted that the training involves practically the entire department.
Commissioner Giannini asked the chief what kind of bike training Officer Lenny Penny was receiving. The chief stated that it was primarily on how to be safe, which included if he had a problem with the bike how to fix it. He noted that the Mountain Bike training course was a week long, and coordinated by the Southern Connecticut State University Police.
Letters of Gratitude – Chief Kehoe called commissioners attention to four letters of gratitude in their meeting packets in regards to Officers Seabrook and Monckton, Officer Ketchum, Officer Monckton and the entire Department. Correspondences – the chief he sent letter to Hot Shots Bar & Grill, 130 Mt. Pleasant Road, regarding the suspension of response to alarms. He noted that a hearing will be held in front of the Police Commission on September 24, 2009.
Chief Kehoe also addressed a letter he received from Lincoln and Jean Sander, 211 Walnut Tree Hill Road, regarding the ”excessive noise being emitted by motorcycles” on the weekend traveling in Sandy Hook. According to the chief, the Sanders were happy with the department’s response to the matter.
Updates – Town Road Speed Limits as presented by the STC – the chief said that the study is ongoing and the town is waiting for updates. He noted that the department is waiting to see what signs are legal in town and what signs are not according to the STC.
According to the Chief, a legally posted speed limit sign is one that has been approved by the STC.
Since there are so many roads with speed limits signs to be addressed throughout the Town Commissioner Walczak suggested that it might be easier to do them in groups.
According to the chief, the department is still gathering evidence as to which speed limit signs are STC approved.
When asked what kind of a time frame was involved, Chief Kehoe stated that validating the signs present would take a year and to get them all approved will take a lot longer. He reminded commissioners that the process would be similar to that regarding the signs on Pearl Street.
Commissioner Walczak suggested there be a meeting with the State Traffic Control Commission regarding the towns’ problem.
Commissioner Connor stated that he didn’t think Newtown was in any different a position than any other town.
According to Chief Kehoe, as soon as he gets the data, the next step in this process is to determine - as a group - what roads should have speed limits. As an example, the Chief asked commissioners if East Street really needed a posted speed limit. The chief suggested that by using the data they could fast track the roads that need the speed limit signs most.
Chief Kehoe told commissioners that to avoid confusion he thinks the town should remove the posted Speed Limit signs that are not state approved. He added that “only speed limit signs need to be STC approved.”
In regards to the project, Commissioner Walczak questioned what the estimated time of completion would be.
Curb Cut Study, Rte. 6 – Chief Kehoe said he has no report, but that there is a scheduled meeting regarding the study in the Land Use Agency Meeting Room, 31 Pecks Lane, Newtown, on September 16, 2009 at 10 am. Hattertown Road and Rte. 302 – the chief noted that the intersection is still being reviewed.
1st Quarter 2009, UCR Draft – the chief called the commissioners attention to a handout in their packets with the statistics outlined in the Uniform Crime Report. He noted that all though larcenies were up over last year at this time, they are not necessarily on an overall increase.
Chief’s Training Conflict with October Police Commission Meeting – Chief told commissioners he had a training conflict with the regularly scheduled October police commission meeting and asked what their opinion was. He indicated that Captain Rios could stand in for him. After a brief conversation, the commissioners agreed it would be fine for the captain to stand in at the meeting in the chief’s absence.
Municipal Animal Control Officer (MACO) – In regards to a situation revolving around the MACO, Chief Kehoe read a statement, he prepared, which he believed would clear the air of the misconceptions and speculations concerning the issue. (Note: See attached, Chief’s Statement)
Commissioner Budd asked who is in charge of supervising the MACO now and if the position was union. The Chief said no one and noted that “it’s an at-will position.”
According to the Chief, there are policies and procedures for that position for officers, but not animal control.
The chief informed commissioners that the power to hire the animal control officer comes through the Board of Selectman.
Chairman Mattegat noted that it use to be under the power of the police commission, but former first selectman Rosenthal changed that.
Commissioner Walczak said he understood that Newtown Police Department was temporarily asked to perform the duties, but said he didn’t think the police commission was ever asked. However, he added the chief was asked to step in as an emergency which he understood, too.
The chief stated that one way or another, the issue is going to have to be resolved.
Commissioner Walczak said he thought the chief’s statement was very helpful and said that at the next meeting the Police Commission should make a recommendation to the Board of Selectman.
Commissioner Connor expressed his thanks to Chief Kehoe for trying to clarify the matter.
CAPTAIN’S REPORT: Motor Vehicle Enforcement Reports - Capt. Rios discussed the August 2008 and August 2009 reports, using a graph included in the meeting packets. Monthly Traffic Enforcement Unit Report narrative – the Captain briefed the commission on the report by Lt. Sinko highlighting the unit’s activities which included a motorcycle detail, speed display units and DUI patrols. Regrettably, Captain Rios informed commissioners that the DUI Check Point that had been scheduled the past month was cancelled due to thunderstorms. However, he added that the department will reschedule it for sometime this month. Incident Analysis Report June 2009 – the captain reported that there was nothing significant. The June 2009 Report highlighted the
following: Motor Vehicle Accidents, 42; Vandalism, 22; Larceny, 18; Assault, 2; Sexual Offenses, 3; Alarms, 121; and Burglary, 4. Detective Division Report- Captain Rios said that reported highlighted the division’s activities and that there was nothing really significant. The report submitted by Det. Sgt Cole, highlighted some of the activity which included a Burglary, Burglary Confession, Death Scene Investigation, Home Invasion/Stolen Vehicle, Sexual Assault and 5 Warrants.
Scenic Road Application for Sherman Road - On a final note Captain Rios addressed the Scenic Road application for Sherman Street dated August 27, 2009. Based on the memo attached to the application, the captain stated that the commission had 45 days to respond to the First Selectman.
Chairman Mattegat and commissioners agreed that the matter be put on the Police Commission’s next regular meetings agenda.
UNFINISHED BUSINESS:
Discussion and Comments from the Board on the Chief’s Evaluation ’08-’09 (Chairman Mattegat and Commissioner Giannini) – According to Commissioner Giannini, he received comments from Commissioners Budd and Walczak and says he took their comments along with his comments and integrated them into one document. He request commissioners review it and then email him; and he asked Chairman Mattegat and Commissioner Connor to give him their input as well.
Commissioner Giannini said that the general consensus was that Chief Kehoe met all the category three requirements. He indicated that the majority of the work was done and now all that’s left is for the commission to approve it. He added that the scoring they received was amazingly similar.
Chairman Mattegat and commissioners agreed to hold a special meeting on the evaluation Tuesday, September 15, 2009 at 6:30pm.
Discussion and Possible Action on Sexual Offenders Ordinance – Chief Kehoe addressed a draft of the proposed Sexual Offenders Ordinance with the commissioners.
According to the chief, he tried to incorporate ordinances commissioners had seen before and comments made by Cohen and Wolff.
Commissioner Walczak emphasized that this ordinance will give the chief the additional tool to bridge the gap and noted that one of the real gaps is if offenders are from another state.
Commissioner Giannini expressed his concern about a section that says an officer can approach an individual and questions whether the department is opening themselves up to any kind of harassment charge.
According to the chief, the individual can be approached as long as the doctrine of “reason to believe” has to be satisfied.
Chairman Mattegat questioned whether computers in patrol cars can bring up the list of sexual offenders with pictures
Chief Kehoe indicated that you can access the data base through the internet and added that it would be possible to send the list to the computers in the cruisers.
Commissioner Budd noted that NCIC doesn’t like the computers having a direct internet connection because of the security risk.
According to Chairman Mattegat, she has seen offenders on the list at Wal-Mart and that concerns her because there are children there.
Commissioner Walczak expressed his concern that passing the ordinance will take time and noted that after the police commission approves it, the ordinance has to go to the Ordinance Committee. He asked his fellow commissioners if they should move it up to them now or take a month to read into it more.
The chief added that they don’t need to get into the nuts and bolts of the language only the concept.
Commissioner Connor moved to accept the proposed Sexual Offenders Ordinance as written. Commissioner Walczak seconded and the motion was unanimously approved.
Discussion and Consideration of the board’s process for approval of Police Commission minutes and information distributed to the board – According to Commissioner Walczak, some of the information comes to the chief from the Office of First Selectman. He questions when the information should go to the Police Commission.
Commissioners expressed concern about a recent Board of Selectmen’s meeting in which the board made a decision based on the fact the police commission voted to put the sidewalk on the Westside which commissioners stated never happened.
Commissioners referred to the motion they passed just before the end of the Police Commissioners meeting July 7, 2009. [The July 7, 2009 motion read as follows: 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.]
According to Chairman Mattegat, the Board of Selectmen didn’t look at why the police commission voted the way it did. The reason was for safety, she noted.
If the sidewalk went on the Westside the children would be crossing two streets – Glover Avenue and Queen Street - instead of one on the Eastside, Chairman Mattegat added. That is why the commission chose the Eastside.
To enhance communication between the police commission and the various boards and commissions, the chairman along with the other commissioners believes that there should be an individual in charge of speaking on behalf of the commission present at any of the meetings concerning police matters.
Commissioners agreed that individual would be appointed by the chairman. It would not necessarily be the same commissioner attending every meeting but would be the one with the most knowledge of the matter at hand.
Discussion and comments regarding the Application for Village District, Site Development Plan 25 Church Hill Road, Young Properties, LLC. –
According to Chief Kehoe, the board saw this application before, but it includes the traffic study.
After reviewing the plans and traffic study, Chairman Mattegat asked for a motion.
Commissioner Connor moved to approve the application for Village District, Site Development Plan, 25 Church Hill Road, Young Properties, LLC. Commissioner Budd seconded and the motion was carried. Chairman Mattegat, Commissioner Walczak, Commissioner Budd and Commissioner Connor voted for the motion. Commissioner Giannini excused himself from the vote because of a conflict.
Discussion of the Board’s decision on the Queen Street sidewalks (Walczak) – Commissioners and the chief want to send information to Board of Selectman regarding their vote.
According to Commissioner Walczak, he believes Jim Gaston, Borough Warden, and Ron Bolmer, the Town Engineer, will want to walk the street again and come up with some cost numbers that might have some impact on the decision one way or another.
Chairman Mattegat asked that Commissioner Walczak write the letter regarding the decision and bring it back to the commission.
NEW BUSINESS:
Discussion and consideration of sidewalks in and around Exit 11 by the Newtown High School – Chairman Mattegat said it was to stop the kids from parking on the other side of the road.
According to Commissioner Walczak, the state came to town and said they were reconfiguring the interchange and asked the town if they wanted to reconfigure the sidewalks. He believes that if the state pays for it – why not.
In regards to the overflow parking from the High School, Chief Kehoe said there are two issues: using the commuter parking and parking along the road.
There are a lot of questions, he added. One question the chief has is where the commuter lot will be once they reconfigure the intersection.
According to Commissioner Walczak, the sidewalks will get the students off the road. Eventually, he says, the sidewalks will go all the way up to Fairfield Hills.
As far as where the project currently stands, Chief Kehoe noted that the State of Connecticut right now is in the throes of designing it.
Discussion and consideration of the Board’s process for distributing information through official communication to other Boards/Commissions/Committees – Commissioners felt this particular item on the agenda was redundant as it had already been discussed earlier in the meeting.
Discussion and consideration on appropriating funding for the Newtown Police Canine Program (Baro) - According to the Chief, the money is for costs associated with the canine program - basically food for the department’s canine, Baro.
Commissioner Connor made the motion to appropriate funding from Account 183, Asset Forfeiture, the amount of $2000.00 for costs associated with the Newtown Canine Program. Commissioner Walczak seconded and the motion was unanimously carried.
COMMISSIONER’S DISCUSSION & PARTICIPATION: none
EXECUTIVE SESSION (Personnel Matter):
Commissioner Connor made the motion to go into executive session at 9 pm to discuss a personnel matter and invited the Captain and the Chief to attend. Commissioner Giannini seconded and the motion was unanimously approved.
At this time the clerk and two members of the press left the meeting room.
Chairman Mattegat ended the executive session and reopened the meeting to the public at 9:32 pm.
After considerable discussion and careful review of all the facts, Commissioner Giannini made the motion that the review for the review period for 2008, not be modified, and should stand as written for Sgt. Froehlich. Commissioner Budd seconded and the motion was unanimously carried.
ADJOURN THE MEETING:
With no further business, Commissioner Connor 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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