Minutes from the Board of Police Commissioners regular meeting held Tuesday, October 6, 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: Captain Jose Rios, one member of the public, and one member of the press.
PUBLIC PARTICIPATION: none
CONSIDERATION AND APPROVAL OF THE MINUTES FOR THE REGULAR MEETING TUESDAY, SEPTEMBER 1, 2009: Commissioner Connor made the motion to approve the minutes of the regular meeting September 1, 2009 as amended. Commissioner Budd seconded and the motion was unanimously carried.
Amendments –
1) Page 2 of Sept 1, 2009 minutes, Chief’s Report, under Updates – Town Road Speed Limits - Commissioner Walczak asked that it be noted in the minutes that “The police commission asked for time lines on the project.”
2) Page 3 of Sept 1, 2009 minutes , Chief’s Report, under Municipal Animal Control Officer (MACO) – Commissioner Walczak asked that it be clarified that “the MACO reports to the first selectman.”
Before continuing with the meeting, Commissioner Walczak asked Chairman Mattegat if he could add an item to the agenda. Chairman Mattegat indicated that now was the time to add it to the evenings agenda under Unfinished Business.
Commissioner Walczak made the motion to add the discussion and consideration of a letter he was asked to draft to the Board of Selectman concerning the sidewalks on Queen Street. Commissioner Giannini seconded and the motion was unanimously approved.
CHIEF’S REPORT: Budget Reports – In lieu of Police Chief Michael Kehoe’s absence, Captain Rios briefed commissioners on the Chief’s Report. As of August 31, Captain Rios indicated that in regards to Monthly Police Overtime, Line Item Budget Balances, and GL Accounts there was nothing remarkable. FLEET – The captain noted that the two new patrol cars, allocated in the ’08-’09 budget, were still on order. Personnel Report – Captain Rios referenced Sgt. Wisentaner’s FTEP Report and informed commissioners that the department was currently at maximum strength and that Officer Guernsey was out on his own as a patrol officer. As a side note, the captain said he was pleased to announce that they had an
officer assigned to the Statewide Narcotics Task Force.
Looking at the information in his packet, Commissioner Walczak questioned what amount the $104,000 was of the Computer operations budget and if it was part of the implementation. Captain Rios indicated that total, the year to date total, was 91 percent of the budget.
Training Report – Captain Rios informed commissioners that a copy of the Written Report by Lt. Mooney was not in their packets but would be provided at the next meeting. The captain informed commissioners that the department would be busy the next two months participating in Fire Arms Training and Defensive Tactics Training. Letters of Gratitude – Captain Rios called commissioners attention to letter regarding Officer Penna. Correspondences – The Captain highlighted a few communications the department had received. The first was a letter to the State of Connecticut from John Carey regarding the upgrade of the traffic light at Exit 11 and Wasserman Way. Recently, there have been issues when it went to flashing mode. He requested they upgrade the priority
status.
“Because of the traffic volume and concerns down there we don’t want to see any delays,” the captain said.
The second was a letter from George Benson, Director of Planning and Land Use to Brause Realty, Inc, regarding the Eaton Shopping Center renovation at 5 Queen Street. In the letter, Mr. Benson noted that “the planning and zoning commission understood the stanchions to mean eight foot high pedestrian lighting and four-way stop signals for the crossing of the pedestrians. “
According to Captain Rios, Mr. Benson further wrote “the special exception would not be considered complete until these pedestrian permit conditions are implemented.”
Another correspondence the captain referenced was from Dodgingtown Fire Department Assistant Fire Chief Stephen Murphy to the Newtown Board of Police Commissioners. The fire department request the following traffic signs in their district:
1) “Entering Town of Newtown” signs at town lines on Hattertown Road at Monroe line and on Poverty Hollow Road at the Redding line to help define town boundries and provide computers with reference points when reporting emergencies.
2) A “Yield” sign, a stop sign, or sign indicating traffic coming from other direction has right of way, on Hattertown road at Route 302.
3) Additional arrows with vertical yellow posts on Route 302 curve approaching Hattertown Road and Tambasios Pizza.
Captain Rios indicated that a sign has been installed at the Hattertown Road/Route 302 intersection warning motorists that oncoming traffic does not have to stop.
Updates – Town Road Speed Limits as presented by the STC – the captain said that the study is ongoing and the town is waiting for updates. Commissioner Walczak recommended that the town post signs at the town lines indicating that the speed limits in town will be strictly enforced. Curb Cuts Study, Rte.6 –Captain Rios indicated that commissioners had information in their packets concerning the study and indicated it was still being worked on. Hattertown Road and Rte. 302 – the captain indicated the projected was completed.
Asset Forfeiture –According to Captain Rios, the asset forfeiture formulas have been readjusted pertaining to what jurisdiction the case was made and said he believes the stipend has also increased.
CAPTAIN’S REPORT: Motor Vehicle Enforcement Reports - Captain Rios told commissioners that the September 2008 and September 2009 reports were in their packets. He added that the DUI arrests were five ahead of last year. A total of 50 DUI arrests in 2008 and 55 DUI arrests in 2009 year to date.
Commissioner Giannini asked if the department had some comparative statistics with other towns like Newtown.
Commissioner Walczak told the captain that he “loved the charts.”
Monthly Traffic Enforcement Unit Report narrative – Captain Rios stated that commissioners had the report by Lt. Sinko for September in their packets as well as the Incident Analysis Report September 2009 and the Detective Division Report submitted by Det. Sgt Cole.
DUI Check Point – the captain informed commissioners that the department held their DUI check point on September 12, 2009 by Exit 9 in Hawleyville. He noted that the check point yielded 2 DUI arrests, 35 motor vehicle warnings and several motor vehicle infractions.
UNFINISHED BUSINESS: Discussion and Comments from the Board on the Chief’s Evaluation ’08-’09 (Chairman Mattegat and Commissioner Giannini) – According to Commissioner Giannini, the review was completed and sent out. The next step he added is for Chairman Mattegat to meet with First Selectman Joe Borst and Chief Kehoe.
Commissioner Giannini made the motion to accept the review as sent out. Commissioner Walczak seconded the motion and the motion was unanimously approved.
Letter to Board of Selectman concerning location of sidewalks on Queen Street (Commission Walczak) – Commission Walczak read commissioners a copy of the letter he was asked to write the Board of Selectman regarding the police commission’s position on the sidewalks. He told commissioners that he tried to put together a letter that was very factual.
In his letter dated October 6, 2009, Commissioner Walczak emphasized that on July 14, 2009 “the Commission unanimously voted to recommend to place the crosswalks on the east side of Queen Street in the interest of public safety.”
Furthermore, he noted, “the NPC wants to be clear that at no time did the PC endorse sidewalks on the west side of Queen Street.”
Commissioner Giannini moved to accept the draft letter of October 6, 2009 as corrected and send it to First Selectman Joe Borst and Selectmen Herb Rosenthal and Paul Magnifico. Commissioner Connor seconded and the motion was unanimously carried.
Corrections to the October 6, 2009 letter- Before voting on the motion, Commissioner Giannini recommended that the word “crosswalks” (Page 1 third paragraph and Page 2, third paragraph, first sentence) be changed to “sidewalks” in the letter.
Chairman Mattegat she would hand-deliver it to the office of first selectman.
NEW BUSINESS: Discussion and consideration of the Scenic Road Application for Sherman Road – Commissioner Connor moved to accept the scenic road application for Sherman Street as presented. Commissioner Walczak seconded and the motion was unanimously approved.
Discussion and consideration on Police Suspension of Response to Alarms – Hot Shots Bar and Grill - Captain Rios called commissioners attention to a certified letter that was sent to Roland Bomova, Hot Shots Bar & Grill, 130 Mt. Pleasant Road on September 2, 2009, by Chief Kehoe.
“According to Section 203-10 of the Newtown Code, this letter along with other letters delivered to you, will serve as official notice of my recommendation to suspend police response to alarms at Hot Shots Bar & Grill,” the Chief wrote.
According to the Captain and the letter, Chief Kehoe recommended the suspension for the following reasons: “the Alarm User has ten (10) or more False Alarms in a twelve (12) month calendar year period;” and “the Alarm User has failed to make timely payment of a fine assessed under Section 203-8 or fee assessed under Section 203-4 of the Newtown Code.
Furthermore, Captain Rios indicated that in the letter the Chief invited Mr. Bomova to attend the meeting to be heard in the matter.
The captain and commissioners noted that no one from Hot Shots Bar & Brill was present at the meeting to be heard.
Commissioner Walczak asked what the implementation process for the town was in terms of collecting the money and Captain Rios indicated that he can contest it during the hearing process and noted the department “has done everything possible.”
According to the captain, he even called Mr. Bomova that morning with no response.
Commissioner Budd asked what the fine totals were and Captain Rios indicated that after first 3 alarms the fine is $50 for each alarm, alarms 11 to 15 are $75 each and every alarm after the 16 is $99 each.
Commissioner Budd asked if the town attorney had the ability to file action on behalf of the town.
Commissioner Giannini expressed his reserve voting on suspending the alarm response for two reasons: first, a possible liability if the department doesn’t respond; and, second, the vote the commission takes is a matter of public record.
Chairman Mattegat asked if the commission could turn it over to the town attorney to take action rather than stop responding.
According to Captain Rios, even if the suspension to respond to alarms was approved, the department would respond if there was a public safety issue and someone was being harmed or could potentially be harmed.
Commission Budd said he would not vote on the suspension of the alarm response because he did not think enough of the financial questions are answered. He questioned whether or not the town attorney could put a lean on the property, could PD keep billing them, or could an infraction be written.
Commissioner Walczak said he attended the hearings on this and that the legislative council put in a serious amount of time on it. He stated that he supports recommending suspension for the following reasons: per and according to the Town Ordinance.
Commissioner Walczak moved that the police commission supports the suspension of alarm response to Hot Shots Bar & Grill subject to attorney confirming that Hot Shots is in violation of ordinance 203-10 of the Newtown Code, and subject to suspension of police response. Commissioner Giannini seconded and the motion was voted down. Commissioners Giannini and Walczak voted in favor of the motion ,and Chairman Mattegat and Commissioners Budd and Connor voted against the motion.
Before voting on the motion, Commissioner Budd indicated he was still not comfortable with satisfying all the financial obligations and was not going to vote for the suspension.
Commissioner Giannini added that he to make sure the department is consistent with this and that there are no other offenders with more than 10 alarms.
Chairman Mattegat suggested waiting for Chief Kehoe’s input and Commissioner Connor said he would be comfortable with voting on the suspension if they waited for the chief.
Commissioner Connor made the motion to table the vote to suspend alarm response until the commission next meeting. Commissioner Budd seconded and the motion was unanimously carried.
Following the vote to table the matter, Commissioner Budd said he had a few questions for Chief Kehoe: Can the town attorney put a lean on the property? Would this ordinance comply to be written on an infraction ticket?
For the next meeting, Captain Rios said he would include a copy of the ordinance itself in the commissioner’s information packets.
Commissioner’s Discussion and Participation:
Commissioner Walczak suggested that the department come up with some kind of a speed limit sign plan in regards to what will happen and when. He indicated it was “a great start on the plan” but believed the commission had specifically talked about giving it some more time frames.
Commissioner Giannini agreed and suggested that the plan be done in phases: Phase I x to x and Phase II x to x. He added that a plan should be in place to monitor the process; and said he understands there will be slippage due to manpower shortages, etc., but concluded that he just wants a time line.
EXECUTIVE SESSION: Commissioner Connor made the motion to go into executive session to discuss a personnel matter at 8:27 pm. Commissioner Budd seconded and the motion was unanimously approved.
At this time, the clerk, the member of the press and the member of the public left the meeting.
Commissioners came out of executive session at 8:44 pm.
ADJOURN THE MEETING: Having no further business, Commissioner Connor moved to adjourn the meeting at 8:45 pm. Commissioner Giannini seconded and the motion was unanimously carried.
Ted Swigart, Clerk
*These minutes are not finalized until approved at the next regularly scheduled meeting.
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