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Minutes from the Board of Police Commissioners regular meeting held Tuesday, January 5, 2010, in the meeting room of Town Hall South, 3 Main Street, Newtown.  After apologizing to the public for a late start, Chairman Duane Giannini called the meeting to order at 7:37 pm following a recognition ceremony for former police commissioners Carol Mattegat and Robert Conner.
During the ceremony, past commissioners Mattegat and Connor were each presented with a plaque, their original name plate and a vintage photograph by Chairman Giannini as well as a letter of commendation by First Selectman Patricia Llodra. Mrs. Mattegat served 22 years on the board and Mr. Connor served 20 years.  
Present: Brian Budd, Duane Giannini, Bruce Walczak, James Viadero, and Keith Jacobs
Absent: none
Also Present: Police Chief Michael Kehoe, Captain Jose Rios, Land Use Director George Benson, Chairman of Planning and Zoning Lilla Dean, Carol Gould of Fitzgerald and Halliday Planning Consultants, Dave Hannon from the Housatonic Valley Council of Elected officials, 3 members of the public and 1 member of the press.

PUBLIC PARTICIPATION: Robert Kubit, 11 Glover Avenue, told commissioners that he and his wife, Pat, were in favor of the pedestrian crosswalk by their house, but not the temporary raised crosswalks because of the noise they created. According to Mr. Kubit, the noise came from de-accelerating, climbing over the bump, and accelerating of vehicles as they drove over the raised structure. He asked that commissioners come up with another plan noting that the temporary structure was in place 24-hours a day where as the pedestrians used it sporadically.

RE-CONCIDERATION OF THE 2010 DATES FOR POLICE COMMISSION MEETINGS: Commissioner Budd made the motion to approve the commission’s amended meeting dates of Tuesday, November 2, 2010, and Tuesday, December 7, 2010. Commissioner Viadero seconded and the motion was unanimously approved.

CONSIDERATION AND APPROVAL OF THE MINUTES FOR THE REGULAR MEETING TUESDAY, DECEMBER 1, 2009: Commissioner Budd moved to accept the minutes and addendum from the board’s regular meeting Tuesday, December 1, 2009, as corrected. Commissioner Viadero seconded and the motion was unanimously carried.
Chief Kehoe asked that the following correction be made: page 3, third paragraph, the sentence should read, “. . . Mr. Walsh should contact the board for the consideration of moving the bus stop.”
CHIEF’S REPORT: Budget Reports – Monthly Police Overtime – Chief Kehoe said that 53% was remaining in the O.T. budget which was right on target. Line Item Budget Balances – the chief told commissioners that the line item budget balances were “right there” also. However, he noted that the town recommended the following line items adjustments: reduce the amount for #1004 Civilian Personnel since several were currently out of work, zero out #1006 Civilian Over-Time, zero out Police Recruitment due to hiring freeze as a result of bad economy and tough budget year, reduce Miscellaneous by $1500 based upon use and reduce Services as they would not be needed. Chief Kehoe noted that the town recommended the adjustments to help make up a $900,000 town deficit. According to Chairman Giannini, the total adjustments to the police department’s line items were approximately $12,000. The chief said the department has never given money back mid-year. CIP Meeting Update – Commissioner Budd reported that in a meeting they had with the Board of Selectman, the board was mainly interested in the long term savings and how the new building would affect that. He said they discussed that the building was built in the 30’s and 40’s for 25 men and that they now house almost 50 men. Fleet– the chief stated that the department is prepping the two new cruisers for full use and they cars are 80% ready. He added that they should be ready by next week. Personnel Report – Field Training Report  from Sgt. Wisentaner  -  Chief Kehoe said there 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 told commissioners he received “lots” of letters and emails regarding good work the department is doing and their efforts with Toys for Tots, Mitten Tree and the party for the DDS workers. Correspondences – Chief Kehoe reported that he had one correspondence from State Traffic Commission regarding a certificate for an emergency access drive at Fairfield Hills. An email he received from Marissa Washburn questioning why a crosswalk was removed up at Fairfield Hills. The chief said he spoke to Melissa Fay regarding her question and noted that it was removed because Fairfield Hills does not have trails outside the common area there and also because midblock crosswalks tend to be more dangerous. Updating Policies – The chief noted that the new law is in effect as of January 1, 2010 raising the age of juveniles to 16, and added that the 17 year olds will soon be in that “net.” He said they were not looking at amending any of the department’s policies until that occurred, but said they always brief officers on the new changes.  Community Conversation-Underage Drinking – Chief Kehoe told commissioners this needs to be addressed and is a very large issue. The chief said had included a copy of the news release for the event in their packets and encouraged all the commissioners to participate on January 23, 2010.

CAPTAIN’S REPORT: Motor Vehicle Enforcement Reports - Captain Rios reported that in comparison to last year, the December motor vehicle reports to enforcement totals are ahead of last year with a 24% increase. He added that motor vehicle contacts were up 10% which falls in line with the department’s 5-year plan. According to the captain, the department is trying to address the numerous speeding incidents throughout the large 60-square mile town. DUI arrests – Captain Rios noted that DUI arrests were up 21%. Incident Analysis Report December 2009- the captain told commissioners the report was in their packets Monthly Traffic Enforcement Unit November 2009 Report narrative by Lt. Sinko – Captain Rios referred commissioners to Lt. Sinko’s report  in their packets indicating that the report highlighted the enforcement units’ activities, speed control devices and ongoing traffic studies.. Detective Division Report submitted by Det. Sgt Cole – the captain indicated that the report highlights several cases the division is working on as well as arrests that have been made and the activities the school resource officers have been involved in.

UNFINISHED BUSINESS:
  • Discussion and possible action on Curb-Cut and Access Management Plan Rte. 6, Rte. 25 and Church Hill Road – Planning and Zoning Commission Chairman Lilla Dean gave a brief history of how the plan came be. She noted that the plan was for curb cuts in the future on vacant land to prevent conflicts and also for any changes the town can advise them of – as an example – the better placement of a driveway.  According to the P&Z chairman, Fitzgerald & Halliday Planning Consultants were hired to do every property for the Town. She noted that each one would have a shared driveway and access between parking lots. Dave Hannon of the Housatonic Valley Council of Elected Officials handed out copies of the plan to all the commissioners, as well as copies of the agendas of the Routes 6 and 25 Access Management Study Technical Advisory Committee from June, September and October 2009; and a large three page legal sized informational flyer about the Newtown Access Management Study. Mr. Hannon reinforced what Ms. Dean stated and included that if a property owner wants to change the use of a property or make any changes, this is something they can look at.  Commissioner Walczak questioned where the roll of the Newtown Traffic Authority starts and the Planning and Zoning ends for this. According to Land Use Director George Benson, the plans are submitted to the Board of Police Commissioners and that’s where planning and zoning and police commissioners have interaction. Mr. Benson emphasized that this was a great starting point for the commission and the board to work with. Chief Kehoe asked what the role of the State Traffic Commission (STC) was in this particular plan. Mr. Hannon noted that the STC was given all the information and urged to attend the meetings but never did. According to Carol Gould of Fitzgerald and Halliday Planning Consultants, the things smaller in size the STC does not usually spend time on except for drainage for driveways. Chairman Giannini asked that a motion be made to endorse the Curb-Cut and Access Management Plan contingent upon changing the role of town traffic authority in it.
Commissioner Walczak made the motion that the police commission endorses the final draft of the Curb-Cut Access Management Plan as amended with the role of Newtown Traffic Authority as a guidance document for the police commissioners when they consider applications that come before them.  Mr. Jacobs seconded and the motion was unanimously carried.

In an effort to keep other residents from having to sit through more of the meeting than necessary, commissioners agreed two items be moved forward. Bruce Walczak made the motion to move two items under New Business forward: a.) Discussion and consideration of traffic issues on Key Rock Road and e.) Discussion and action on crosswalk plan regarding the status of the pedestrian activated signage. Commissioner Viadero seconded and the motion was unanimously carried.

NEW BUSINESS:
  • Discussion and consideration of traffic issues on Key Rock Road – According to Chief Kehoe, he has been in direct contact with the residents and wants Traffic unit to experience the way they look at that location. The chief told commissioners that initially the police commission and the department looked at that intersection and the residents request for a stop sign. Since there was only one accident at the intersection itself and would not warrant a stop sign the department looked at the nearly one-mile long Key Rock Road itself. Chief Kehoe stated that the first thing the unit found was that there were 20 motor vehicle accidents on Key Rock Road in the last four years.  The break-down of accidents were as follows: 3 with injuries, 7 two-vehicle, 8 one-vehicle leaving road a striking objects, 2 involving neighborhood residents, 1 rear-end, 2 icing or abnormal conditions, 2 evasive action for a deer and two crossing center line and striking oncoming vehicle.  The second thing the traffic unit did was a site line assessment the chief added. According to Chief Kehoe, the site line was more than adequate with the speed limit and average speed. The other things the traffic unit looks at are the speed statistics such as the continuous speeds and various traffic data which helps the department understand times they are and are not seeing the speeding vehicles. Chairman Giannini stated that he has spent lots of time on Key Rock Road and says it warrants further examination work with traffic calming. He added that during the day the traffic went slower than at night, and that it was clearly a cut through. The chairman then asked James Walsh, 3 Branch Road, to work with the board and the department. Mr. Walsh was the resident who together with other area residents brought the situation to light in the police commission’s meeting December 1, 2009. Mr. Walsh noted that his main concern was for the students getting on and off the school buses.
Captain Rios suggested Mr. Walsh contact Newtown Public School Transportation Director Tony DiLonardo the Board of Education.
After a lengthily discussion regarding possible alternate bus routes and the number of school bus children living on North Branch Road and Key Rock Road, Chairman Giannini concluded that the traffic enforcement would be ongoing. He suggested that the Chief or the Captain or both reach out to Mr. DiLonardo and have a dialogue. The chairman asked Mr. Walsh to get back to the police commission if he has not heard back from Mr. DiLonardo by next month.

e.) Discussion and action on crosswalk plan regarding the status of the pedestrian activated signage – Commissioner Walczak stated that he thought the commission was supposed to get an update from Public Works Director Fred Hurley.  Chief Kehoe said he thought commissioners wanted to review data from the raised crosswalks. The first is with the addition of an activated sign for the crosswalk, whether the crosswalks should be raised or not; and the second is the raised crosswalks regarding the noise, speed and diversion. Commissioner Walczak noted there has been an insignificant change in volume and speed.
During the discussion commissioners entertained the idea of putting on of putting one of the pedestrian activated signs at the crosswalk on Glover Avenue in place of the temporary raised crosswalks. Mr. & Mrs. Kubit said they would be willing to try anything other than the raised crosswalks.
After a lengthily discussion, Chairman Giannini indicated that he wants to meet with the public works director  once they know time frame of pedestrian activated signs and suggested Chief Kehoe contact Mr. Hurley to find out. The chief said he would follow up with the chairman and the commission regarding the pedestrian activated signs.

UNFINISHED BUSINESS (CONTINUED):
  • Discussion and consideration on Police Suspension of Response to Alarms and Chapter 203 – Chairman Giannini referred back to the minutes from the October 6, 2009, meeting regarding the questions Commissioner Budd had raised concerning the issue. Commissioner Walczak noted that after reading the conversation the board had regarding Hot Shots and whether the board had the discretion to suspend alarm response – he agreed with Commissioner Budd that they did have the discretion. Chairman Giannini said he asked Town Attorney David Grogins what the Town’s liability is if there is a legitimate alarm that someone’s being held up and the department and board suspended response.  He noted that the Mr. Grogins said “we were alright.”
NEW BUSINESS:  
  • Discussion and action on Amendment to Special Exception granted to Kung H. Wei regarding restaurant/office use at 28 Church Hill Road – After a very brief discussion, Chairman Giannini asked for a motion to approve the amendment. Commissioner Walczak made the motion to approve the amendment to the special exception granting Kung H. Wei restaurant/office use at 28 Church Hill Road. Mr. Jacobs seconded and the motion was unanimously approved.
  • Discussion and consideration on Strategic Goals and Objectives for Police Commission – Chairman Giannini referred commissioners to look at the list of several proposed goals Commissioner Walczak had formulated for the commission. He charged police commissioners narrow the list down to four goals. After wading through the list of goals for nearly 45 minutes, Chairman Giannini indicated he was comfortable with what they had and said that the commission’s next step was to flesh-out the goals for the next meeting.
  • Discussion and possible action on Queen Street/Glover Avenue traffic studies – Chairman Giannini and fellow commissioners agreed they had already discussed this issue at length earlier and moved on to the next item on the agenda.
  • Discussion and possible action on Rte. 25 improvements – Chairman Giannini expressed his concern about articles in the December 19, 2009 and November 24, 2009 issues of the News Times about improvements to Rte. 25. According to the chairman, the article says that Newtown officials don’t want improvements. Chief Kehoe asked what kind of improvements the board would want to see on Route 25 and Commissioner Walczak replied that that is an objective on the traffic management piece. He added that curb cuts were one thing and a bypass by Highland Park was another. Commissioner Walczak concluded by saying that the re-work of that Route 25 plan is going to be a huge project. Chairman Giannini said he would like to contact Deborah Lee Hovey to discuss the articles on Dec. 19 and Nov. 24 in the Danbury News Times.
  • Discussion and consideration of Strategic Goals/Objectives for the Chief of Police – Chairman Giannini told commissioners that he had met with First Selectman Pat Llodra and said she is fully supportive of the police department and the commissioners efforts as a board. To emphasize the first selectman’s stance, the chairman read her letter regarding her observations of the department to the board. In summary, Mrs. Llodra said she went over the evaluation very carefully and encourages the chief to join a local civic group. She noted she is “very interested in community/police connections” and praised the chief is well prepared, articulate, thorough, and represents Newtown well. Chairman Giannini said that the board made a good impact on the first selectman with the goals they had for the chief.   Chief Kehoe said that dealing with the evaluation at first was a work in progress, but now he’s waiting for it to be signed off on. After a brief discussion, Chairman Giannini indicated that every member of the Board of Police Commissioners should sign off on the chief’s evaluation.
PUBLIC PARTICIPATION: none
COMMISSIONER’S DISCUSSION AND PARTICIPATION: none
EXECUTIVE SESSION: Commissioner Giannini called for a motion to go into executive session to discuss a personnel matter. Commissioner Budd moved to go into executive session to discuss a personnel matter and invited both the Chief Kehoe and Captain Rios to attend at 10:47 pm. Commissioner Viadero seconded and the 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.