Minutes from the Board of Police Commissioners regular meeting held December 1, 2009, in the meeting room of Town Hall South, 3 Main Street, Newtown. Commissioner Duane Giannini, Vice-Chairman, called the meeting to order at 7:30 pm.
Present: Brian Budd, Duane Giannini, Bruce Walczak, James Viadero, and Keith Jacobs
Absent: none
Also Present: Police Chief Michael Kehoe, Captain Jose Rios, 1 member of the press, 14 members of the public.
DISCUSSION AND ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE NEWTOWN POLICE COMMISSION: Chairman - Commissioner Walczak nominated Commissioner Giannini as Chairman of the Newtown Board of Police Commissioners. Commissioner Budd seconded and the vote was unanimously carried.
Vice-Chairman – Commissioner Jacobs nominated Commissioner Walczak as Vice-Chairman of the Newtown Board of Police Commissioners. Commissioner Walczak seconded and the vote was defeated 3 to 2. Commissioners Jacobs and Walczak voted in favor. Chairman Giannini and Commissioners Budd and Viadero voted against.
Subsequently, Commissioner Viadero nominated Commissioner Budd as Vice-Chairman. Commissioner Giannini seconded and the vote was approved 4 to 1. Chairman Giannini and Commissioners Jacobs, Viadero and Budd voted in favor. Commissioner Walczak voted against.
Chairman Giannini recognized former Chairman Carol Mattegat and former Commissioner Robert Connor for their years of service and offered a “heartfelt thanks” from the board for their service to the department and the board.
Commissioner Walczak believed that they should be encouraged to keep their badges for their years of service.
Chief Kehoe suggested that former Chairman Mattegat and former Commissioner Connor be formally invited to the next meeting so that each of them could be recognized with a plaque for their historic 22-years of service.
Chairman Budd suggested that they come to the next month’s meeting at 7:15 pm so they could be properly recognized.
PUBLIC PARTICIPATION: James Walsh, 3 North Branch Road, a field technician for Verizon for 38-years, addressed police commissioners indicating that he was there with his neighbors regarding the ongoing safety of the children on Key Rock Road. He presented commissioners with a signed petition for stop signs at the intersection of Key Rock Road and North Branch Road. Mr. Walsh noted that their primary concern was the speed of vehicles coming off Route 302 heading south on Key Rock Road. He said that he had spoken to Sgt. Vanghele and asked that officers set up a radar enforcement trap. Mr. Walsh said that the police came out twice and that both times people were ticketed, but that when the police presence left the speeding started up again. According to Mr. Walsh, he wrote a letter on October 10 for a survey on the road
and said the survey was done from October 19 through October 26. The survey came up with 2300 to 2500 vehicles traveling on the road on a daily basis Monday through Friday. The average speed was reported to be 38 mph – roughly 13 mph over the posted 25 mph speed limit. Mr. Walsh said that on November 10 he wrote a letter to the chief regarding their concerns and what could be done. He said that between then and now he has gone to every neighbor on Key Rock Road and North Branch Road and found that all of them had a “horror” story – not only regarding accidents and the speed, but that the drivers were inconsiderate and aggressive. Mr. Walsh noted that getting on and off Key Rock Road at the intersection of North Branch Road was very dangerous. He presented commissioners with several photos showing the sightlines at the intersection. According to Mr. Walsh, there have been many accidents on Key Rock Road, but noted that the one that jumped-out at him the most
was on October 20, 2009 when two-gentlemen in pick-up heading south on Key Rock Road went past North Branch Road lost control of their vehicle, went over the line and had a head-on collision with a school bus carrying 12 children. Fortunately, he said no one was injured, but both men had to be extricated from the vehicle and the bus was totaled. At this point, Mr. Walsh submitted an informational packet with photographs and articles concerning the intersection and the need for a three-way stop at the intersection of Key Rock and North Branch Road.
Richard Lyon, 4 North Branch Road, indicated he has been a resident for 13-years and noted that traffic has gotten much worse. He stressed that turning onto Key Rock Road is dangerous.
Bob Corea, 28 Key Rock Road, told commissioners that they can’t stop traffic from going down Key Rock Road and said he understood there are a lot of curvy roads in Newtown, but that their road is dangerous and indicated that two of his children have had accidents coming out of their driveway. He suggested stop signs or speed bumps, but noted he doesn’t know what the solution is.
Beth Koschel, 20 Evergreen Road, Sandy Hook, a local school bus driver for 14-years and the driver of the bus involved in the aforementioned accident on Oct. 20, 2009, told commissioners that there wasn’t a day when she drives through there they she doesn’t think of the accident. She noted that the traffic does “fly through” there and indicated that the road was curvy, narrow and that something needs to be done there. Mrs. Koschel also noted that her father, Charles Rudolph who was a bus driver, had his bus hit by someone on Key Rock Road in 1992.
Henry Mullar, 40 Key Rock Road, a resident since 1968, expressed his concern and said he was hit head-on on Key Rock Road. He told commissioners he was at a police commission meeting years ago for the no thru trucks sign, but it hasn’t really had an effect. Mr. Mullar added that the trucks aren’t really the problem – it’s the commuters. He hopes the stop signs get implemented or even some speed bumps.
Jim Rodriguez, 55 Boulevard, a former New York State Police Officer, apologized to those attending the meeting and said his concerns were of a different nature regarding the vandalism last Wednesday night. He said he has seen vehicles traveling at highway speeds down his block, but said the main problems are at night. Mr. Rodriguez said the police department does a wonderful job, but believes they are understaffed indicating that he was aware of only four officers that were on duty that Wednesday night covering 62 square mile area. He informed everyone that the Wednesday before Thanksgiving at around 2:30 am he and his wife were awakened to the sounds of crashing. Reportedly, large rocks were thrown through the windows of his two cars sitting in his driveway and as a result he and his wife could not go away for the holiday as
planned for the holiday. Mr. Rodriguez noted that his car just got fixed that day. In addition to the damage of his vehicle, Mr. Rodriguez cited that there was damage done to an RV down the road as well as rocks thrown through windows on Currituck Road. In addition, he noted that approximately $18,000 worth of damage was done to St. Rose cemetery Halloween night. Mr. Rodriguez concluded by charging the Board of Police Commissioners with coming up with something and emphasized that they need to put more patrol officers out there.
Paul Larson, 25 Key Rock Road, a resident for 15 years, told commissioners that people were driving aggressively on Key Rock Road and were definitely doing highway speeds. He agreed with fellow residents that a three-way stop should be implemented to increase safety on the street.
Brian Gioiele, 1 North Branch Road, stated that vehicles were driving at 40-plus and that everyone uses the road to get to work. He added that not all the accidents get reported because the drivers are able to leave the scene. He told the board he appreciates what the police have done but says that when the signal (mobile radar trailer) is there they know the police aren’t.
Commissioner Walczak recommended that the residents check the department’s new Traffic Calming Guidelines under the police department on the town website. He told them it was a tool that will help them resolve their dilemma.
Chairman Giannini added that much of the work the residents have done is part of the guidelines. He urged residents to call the police every time an incident happens.
Commissioner Walczak clarified that in traffic reports the 85th percentile means the average speed of 85 percent of all vehicles traveling at or under a given speed. He also noted that “No Thru Trucks” doesn’t mean “no trucks” it means that truck traveling directly from one destination outside of town to another destination outside of town can’t use that road.
Regarding other matters, Mr. Rodriguez asked why Newtown announced that they were going to do a DUI stop.
Chief Kehoe said that per the state the department is required to announce they are going to be out there doing a DUI stop.
Chairman Giannini added that it is also linked to funding that the department gets from the state for doing DUI stops which is roughly 75%.
In regards to the vandalism that occurred the Wednesday before Thanksgiving, Chief Kehoe said the town has never experienced damage like that and noted that approximately 11 vehicles were damaged that night. In addition to the four officers patrolling that night, the chief said there were two officers on DUI patrol. The chief noted that the department always tries to increase staffing while they can and does the best they can with the personnel they have.
In regards to the stop signs, Chairman Giannini said that the assessment per the federal municipal traffic guidelines the intersection of Key Rock Road and North Branch Road doesn’t warrant a stop sign or stop signs. He stressed that that does not mean “we’re done” based on the traffic guidelines. The chairman added that until the board can make a decision he going to the chief for some increased performance on Key Rock Road.
Mr. Walsh suggested that the school bus stop be moved off Key Rock Road onto North Branch Road and the chief said he would contact the superintendent to see what could be done.
Commissioner Walczak noted that having a stop sign in such an intersection would actually be more dangerous as drivers are often inclined not to stop. He again urged residents to review the Traffic Calming Guidelines and thanked them for coming before the board.
CONSIDERATION AND APPROVAL OF THE MINUTES FOR THE REGULAR MEETING TUESDAY, OCTOBER 6, 2009 and WEDNESDAY, NOVEMBER 4, 2009: Commissioner Budd moved to accept the minutes from the board’s regular meeting Tuesday, October 6, 2009. Commissioner Viadero seconded. The vote was unanimously approved after Chairman Giannini received verification that the letter Commission Walczak wrote regarding the placement of the Queen Street sidewalks was in fact hand delivered to the Board of Selectmen. The chief indicated that the letter was indeed delivered as did Commissioner Walczak.
Regarding the minutes of November 4, 2009, Chairman Giannini indicated that they were for review only as only one member of the board was actually present and no motions were made.
Commissioner Walczak said the minutes should never have been posted on the town website. In addition, he said that under such circumstances you wouldn’t take minutes you could only have a conversation.
The chief said he would discuss the posting of the November 4 minutes with Town Clerk Debbie Aurelia.
CHIEF’S REPORT: Budget Reports – Monthly Police Overtime – Chief Kehoe said they had a very busy month with several training matters to deal with and several officers went out with injuries. Line Item Budget Balances – the chief told commissioners that he did not have the line item budget balance for them, but he will update them on it as soon as its available. Fleet– the chief stated that the department received the two cars that were on order and is currently waiting for them to be outfitted. Personnel Report – Field Training Report from Sgt. Wisentaner - Chief Kehoe noted that no one is in field training at this time. Training Report – Chief Kehoe told commissioners the report from Sgt Vanghele was in their
meeting packets. Letters of Gratitude – The chief noted that the department had received four letters of gratitude for the following members of the department: Officers Nosal, Monckton, Figol and Sgt. Vanghele. Correspondences – Chief Kehoe reported that he had enclosed four correspondences in the meeting packets. The first was an email from Plaza South regarding the light that is going up there ready to be active. STC Sign Replacement on Rte I-84 - the chief noted he received a copy of the letter Mr. Borst sent to the state regarding the signs directing traffic to Wasserman Way. The third correspondence was from the STC regarding the traffic signal at the intersection of Route 302 and Jacklin Road. The fourth was a combination letter from James P. Walsh - Key Rock Road and Traffic Study Report – which Chief Kehoe indicated was in the packets and highlighted during the public participation. A fifth and final
correspondence which the chief highlighted that was not in the packets was regarding Eaton Center on Queen Street. According to Chief Kehoe, the department is going to meet with them on how light and pedestrian signals are going to work. Chairman Giannini asked if the signage in the plaza would be addressed and the chief said it would all happen at the same time. Updates – Town Road Speed Limits as presented by the STC – the chief said it was a topic of discussion at the meeting in October and commissioners have a plan in front of them. According to Chief Kehoe, the six (6) “No Parking Signs” on Mt. Pleasant by Hilario’s have been posted. DWI $ for 2009-2010 – Chief Kehoe told the board that the letter regarding the funds was in their packets. According to the letter from Robbin Cabelus, Governor’s Highway Safety Representative, $57.150 in federal funds are obligated to the project in accordance with the approved
2010 Fiscal Year CT Highway Safety Plan. Community Conversation-Underage Drinking – the chief said the department is trying to get the residents of Newtown – adults and children - to talk about the problem of underage drinking. The Community Conversation will be held at 8 pm Saturday, January 23, 2009, at the Reed School. The chief said their aim is to have 100 people show up for a four hour session and get all different perspectives – kids, parents, and municipal. He added that hopefully they will have a plan of action that comes from the conversation.
CAPTAIN’S REPORT: Motor Vehicle Enforcement Reports - Captain Rios reported that motor vehicle enforcement totals were in the packets. The captain also noted that DUI totals were up 20% year to date - 68 DUI arrests in 2009 and 57 DUI arrests in 2008. Monthly Traffic Enforcement Unit November 2009 Report narrative by Lt. Sinko – Captain Rios noted that they are continuing to monitor speed enforcement with a heavy focus of traffic enforcement on Key Rock Road. The captain also said the department took part in the “Click It or Ticket” program focusing on the use of seatbelts. Incident Analysis Report November 2009- the captain told commissioners the report was in their packets. Detective Division Report submitted by Det. Sgt Cole – Captain Rios indicated that the report
highlights several cases the division is working on as well as the school resource officers’ activities. News Release by Sgt. Vanghele – “Click It or Ticket” Program – according to Captain Rios, the traffic division enforced the seatbelt laws and assisted other communities in doing the same. DUI Check Point – Captain Rios reported that the DUI Check point this last (Thanksgiving) weekend was moved from Friday to Saturday due to the weather. The captain noted that there is an operational plan on how the department does a check point. He also noted that the Roving DUI Patrol will be continuing right through the holidays.
UNFINISHED BUSINESS: Discussion and consideration on Police Suspension of Response to Alarms - Hot Shots Bar and Grill – Chief Kehoe told the board he spoke with the owner of Hot Shots and they came to an agreement with his payments for false alarms on the premises. According to the chief, the owner has now paid about 70% of the outstanding bill.
Chairman Giannini asked if the frequency of the alarms had gone down and Chief Kehoe said it hands and that the owner believed the increase in alarms was largely due to the turnover in personnel and because the alarm was not up to snuff.
Commissioner Walczak referred back to the minutes of the October meeting when Commissioner Budd has asked several questions including whether or not the town attorney could put a lean on the property, if the department could keep billing them, or if an infraction could be written.
Chairman Giannini asked if the chief had spoken to the town attorney and the chief responded that the town attorney had approved the original ordinance.
The chairman asked the board go over the minutes from October 6 to possibly expand the ordinance. The chief said he would send out a copy of the existing ordinance to commissioners again for their review.
NEW BUSINESS: Discussion and possible action on Curb-Cut Access Management Plan Rte. 6, Rte. 25 and Church Hill Road – According to Chief Kehoe, the thrust of the curb cuts study was to reduce the number of curb cuts on those roads. To clarify the matter, the chief handed out packets to the commissioners containing some detailed plans and pictures accompanying the Curb-Cut Access Management Plan.
Commissioner Walczak said that the town has the right to change curbing to tighten things up, but questioned whether it can be done on a state road or not. The chief replied that many of the plans for curb cuts have gone through the State Traffic Commission (STC) and the permits were approved. According to Chief Kehoe, changing things would be a very long process.
If the plan is approved, the chief said it would become the framework for future projects involving curb cuts and would give the town some muscle.
Commissioner Budd made the motion to accept the Curb-Cut and Access Management Plan as presented. Commissioner Jacobs seconded and the motion. After a lengthily discussion concerning the pros and cons of the project as it stood, the motion was unanimously defeated.
The motion was rejected on the grounds that commissioners wished to go over the plan more and revisit the plan at the next meeting in January with Dave Hannon
Discussion and comments from the Board on 10-11 Police Budget – According to Chief Kehoe, he has come up with a partial budget on personnel line items and sent it to Newtown Finance Director Bob Tait for his review. The chief reported that the finance director said it was great. The chief noted that it is a 4.7% increase but that it is a contractual obligation on payroll. The chief told commissioners that the overall budget is up 5.6% or $226,000 over last year. The biggest contributors to the increase were lines 1003 – sworn personnel and 5002 – cars at $227,475.The chief expressed his corn as did other commissioners that there was really no room for cuts, largely because the increase in payroll is contractual and the budget for cars is a necessity. He added that if the department doesn’t get the
police cars this year they will fall behind and they will have to double their request next year. The chief noted that unlike other departments the electric bill, vehicle maintenance, and fuel are not included in the budget so there is really no room to make any adjustments and noted that the department “will always be down to the bare necessities.”
Commissioner Walczak believed that if the Board of Finance rejects the police department’s budget and wants more cut, the budget should go back to the Board of Police Commissioners so commissioners can decide how it can be accomplished.
Chairman Giannini asked that a meeting should be set up with the First Selectman, Director of Finance, the Chief and himself to discuss the budget.
The chief noted that he needs to have the preliminary budget in by Friday.
After a lengthily discussion and a short ten minute break at 9:45 pm, Chairman Giannini suggested commissioners “give the chief the go-ahead” and entertain a motion to approve the budget as presented.
Commissioner Walczak made a motion to approve the $4,196,249 preliminary budget as presented. Commissioner Budd seconded and the motion was unanimously carried.
Discussion and approval of Policy and Procedure - 3.12 – TASER (revised) – Chairman Giannini noted that the only change he would like to see to the Taser policy is the replacement of the word, “periodically,” with the phrase, “per the manufacturer’s recommendation,” in Section C under procedure.
Commissioner Walczak made the motion to approve the police with the above amendment. Chairman Giannini seconded and the motion was unanimously carried.
Discussion and approval of the dates for regular meetings for the Board of Police Commissioners in 2010: (see attachment of meeting dates) Commissioner Budd made the motion to accept the list of dates for the regular meetings of the Board of Police Commissioners. Commissioner Jacobs second and the motion was unanimously approved.
Commissioner’s Discussion and Participation: Commissioners discussed the following issues and possible solutions:
- Items that are carried forward will be put into a template that lists open agendas for upcoming meetings throughout the year. (i.e.)If an item in January needs to be revisited in two months it will be placed into the template of the agenda for March.
- Persons showing up to the meeting after the Public Participation section of the meeting has closed will be provided an opportunity to speak in a second Public participation section to be held before the end of the meeting. Commissioners agreed it was important for all residents to have a chance to speak.
- Placing items on the agenda for consideration and approval– Commissioner Giannini said he will plot five days in advance for items to be put on the agenda.
- Items for the next meeting – commissioners agreed that the following items should be placed on the agenda for the next meeting: strategic goals for the board, chief’s objectives and the crosswalk plan regarding the status of the pedestrian activated signage.
EXECUTIVE SESSION: At 10:35 PM, Chairman Giannini made the motion to go into executive session to discuss a personnel matter and invited Chief Kehoe and Captain Rios to attend. Commissioner Budd seconded and motion was unanimously carried.
At this time the clerk left the meeting.
Ted Swigart, Clerk
*These minutes are not finalized until approved at the next regularly scheduled meeting.
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