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01-03-12
 
MINUTES FROM THE BOARD OF POLICE COMMISSIONERS
REGULAR MEETING HELD TUESDAY, JANUARY 3, 2012
IN THE MEETING ROOM OF TOWN HALL SOUTH
3 MAIN STREET, NEWTOWN

*These minutes are not finalized until approved
At the next regularly scheduled meeting.


Chairman Paul Mangiafico called the meeting to order at 7:30 pm.

PRESENT: Brian Budd, Joel Faxon, Paul Mangiafico, and James Viadero
ABSENT: Andrew Sachs
ALSO PRESENT: Police Chief Michael Kehoe, Police Captain Jose Rios, Police Union President Scott Ruszczyk, 2 members of the press and 4 members of the public.
PUBLIC PARTICIPATION:
Dan Shea, 44 Queen Street, expressed his concerns about the speed of traffic on Queen Street noting that even with the traffic enforcement the problem continues. He also noted that he had seen the speed tables on Key Rock Road and wondered if there were plans for such speed tables to be installed on Queen Street.
Chief Kehoe noted that two studies had been done of Queen Street, one which also included surrounding roads.
Mr. Shea suggested that that all that studies were being initiated but nothing would get done to solve the problem until someone gets killed. He added that putting in sidewalks on Queen Street is inviting people to walk on it, which is very dangerous and he indicated that nothing should be done until the speed is slowed down.
Mr. Shea noted that he had addressed the Police Commissioners 25 or 30 years ago regarding this and nothing happened. He noted that the traffic had gotten worse having the two schools at each end of Queen Street.
Commissioner Budd informed Mr. Shea that the residents on Key Rock Road went through the Traffic Calming Ordinance to have the speed tables installed.
Chief Kehoe told Mr. Shea that the Board took up each of the two studies involving Queen Street and made recommendations. The Chief noted that those recommendations were in the minutes of the meetings. He also explained that the Board of Selectman and the Borough came up with suggestions, as well.
Mr. Shea indicated that it had been six years since the last study of Queen Street was done.
Commissioner Faxon stated that he would be happy with speed tables on all the streets agreeing that there is a problem with speeders in Town.  He suggested that there is a process to go through to get this done. Commissioner Faxon indicated that he would look at the recommendations made by the Board over the next 30 days until the next meeting.
Commissioner Budd again suggested that Mr. Shea use the Traffic Calming Procedure and indicated that the Board needs the backing of the document to move forward.
Mr. Shea stated that he would talk to some people and follow the procedure.
Chief Kehoe explained that the procedure is in place so people understand what is going on and can come to consensus on it. Mr. Shea suggested that this was a “copout” and that the Chief was hired, and the Board was voted into their positions, to make decisions.
Chairman Mangiafico asked Mr. Shea if he thought the speeding had gotten worse because there are two schools at each end and asked if he thought the schools were driving speeding. Mr. Shea said yes when schools are not in session there is a decline in traffic and suggested that when it is in session he sees a significant increase in speed by people in SUVs often using cell phones.
Chairman Mangiafico stated he agreed with some of the comments Mr. Shea made. He noted Commissioners are there to get the job done. Chairman Mangiafico indicated that the Board is trying to slow down traffic in Town and on Queen Street. The Chairman told Mt. Shea that if this has been going on for over 10 years and if it is still a problem then shame on them. He noted that the fact there are two schools should slow the traffic down. Chairman Mangiafico assured Mr. Shea that this would not sit idle; and if it meant putting together a proposal and sending it to the Board of Selectmen, the Board would do it.
Mr. Shea reminded the Police Commissioners again that they were elected to make decisions and to make the Town safe. He stressed that no one has been killed yet, but it’s a matter of time. Mr. Shea stated that he hoped Commissioners acted with their hearts.
The Chairman thanked Mr. Shea for coming.
Richard Huiskin, 31 Key Rock Road, told Commissioners he was happy with the speed bumps, but recommended that the first one be moved, from its location on the straightaway with “swamp” on either side, closer to the dangerous curve where it would be more affective. He then thanked the Board for its time.
Edwin Miklaszewski, 4 Chimney Swift Drive, proposed the Board do a two month study with Traffic control person during “commuter” hours at the Flag pole. He suggested that they don’t need a study just someone out there to do it.
Commissioner Budd asked if Mr. Miklaszewski would support a traffic light and Mr. Miklaszewski said no, the people would not want it.
Commissioner Faxon asked if Mr. Miklaszewski envisioned a traffic control person the equivalent of the person by St. Rose School.
Mr. Miklaszewski suggested that a traffic control person in front of Flag pole is safer.
Commissioner Budd disagreed stating that it isn’t safer. He explained that typically on State roads people drive faster and noted that it was definitely a safety concern. Commissioner Budd suggested that in the age of automation, “Why not have it.”
Mr. Miklaszewski indicated that people don’t want a traffic light for the same reason people don’t want the Flag pole taken down. He asked what it would hurt to try posting someone at the Flag pole.
Chief Kehoe stated that to put a certified or non-certified person at the Flag pole is very dangerous. He told Mr. Miklaszewski that t here are 5 legs of traffic up at the Flag pole all spread a part with cars passing on the right. The Chief suggested that there would have to be a minimum of two traffic officers.
Commissioner Faxon agreed with the Chief and like Commissioner Budd suggested that the only safe thing would be to put a light up at the Flag pole. Commissioner Faxon explained that to have a human out there would be a recipe for a $300,000 comp claim.
Mr. Miklaszewski said he understood it can be an unsafe condition, but noted that it is also an unsafe condition for cars.
Chairman Mangiafico indicated that he doesn’t know what the solution is, but agreed with Chief Kehoe that a school crossing guard is not the solution. He noted that he has a number of reasons why not. The Chairman indicated that there are a number of solutions including: traffic lights, no left turn signs and a round-about circle. He then asked if the appearance of traffic lights was worth more than the safety of the intersection.
Mr. Miklaszewski suggested putting stop signs at the Flag pole, but Commissioner Budd informed him that the State will not put stop signs on a State road.
The Chairman asked if the concept of no left turns was taken up and Chief Kehoe stated that it would divert traffic to other areas that are not equipped to handle the traffic.
Chairman Mangiafico agreed that it’s a very dangerous situation.
Mr. Miklaszewski request that the Police Commission set up a small group to resolve the matter.
Chairman Mangiafico indicated that they could form a subcommittee to look at it and Mr. Miklaszewski offered to be a part of it to help.
The Chairman suggested that they contact the State to find out what the options are.
Chief Kehoe said they need to engage the State Legislature and members of the Department of Engineering.
Gary Storms, 41 Paugussett Road, Sandy Hook, told Police Commissioners that he supports Ed. He suggested that the Board get the State Legislature to fund the study of a dangerous intersection.
Chief Kehoe indicated that over the years the State has studied the intersection. He noted that there are many issues to be addressed to make the intersection safer and said that there has to be an agreement at some level. The Chief told Commissioners he would put together a binder for them in regards to the recommendations.

POLICE UNION PARTICIPATION:
Union President Scott Ruszczyk reported that they had negotiated an agreement with the Chief to send the Lieutenant to the FBI Academy by reducing the amount of compensation for him to go.
The Union President also indicated that they had a good time with the Toy Drive and that there was a good turnout despite the economy. He added that it was a good holiday season.
Chairman Mangiafico agreed and indicated that the Board of Police Commissioners had received a lot of letters of gratitude.


CONSIDERATION AND ACTION OF THE MINUTES FOR: REGULAR MEETING DECEMBER 6, 2011 – Commissioner Faxon moved to accept the minutes of the regular meeting of December 6, 2011, as corrected. Commissioner Viadero seconded and the motion was unanimously approved.
Corrections:
Page 6, last paragraph, “double blond photo array” should be double blind photo array”
Page 2, under Chief’s Report – Personnel Report, third paragraph, 1st sentence, strike the word “field” and third sentence strike “almost tenfold”
Page 3, under Training Report, Officer Wood is a “he” who was selected for DRE training; and that Officer Figol was also selected for training by the State of Connecticut and it was she that had been trained by the State of Arizona as a DRE.
Page 3, under Connecticut Magazine, Newtown was ranked #1 not #4.
Page 6, the budget amount in the motion was incorrect, the motion should read, “Commissioner Faxon moved to approve the draft of the proposed FY 2012-2013 Police Budget in the amount of $5,970,304 and present it to the Selectman’s office. Commissioner Sachs seconded and the motion was unanimously approved.”
CHIEF’S REPORT:  Personnel Report – Field Training - Chief Kehoe reported that the Field Training for three of the officers should be completed by the end of the month. He reminded Commissioners that there would be an officer graduating from the academy this month but that he still does not know the exact date. The Chief urged any commissioners who have not been to a graduation at the academy to do so for the experience.
Budget – Chief Kehoe informed Commissioners that he received an email from Finance Director Bob Tait that they have an accrual issue going on regarding all the overtime applied in the fiscal year this year. According to the Chief, the problem resulted because the new fiscal year began July 1 and the new payroll started July 1.
Commissioner Faxon suggested that an accounting work up be done on it to get it straight. The Chief agreed and indicated that was what was being done.  
Asset Forfeiture – Chief Kehoe told Police Commissioners that he had put the information regarding the Asset Forfeiture/ GL Accounts in their folders for them to go over. He reminded them that the Board is in control of those fiscal monies to spend and said he gave them copies of all the account balances.
Fleet – The Chief reported that one of the detective vehicles went down with a blown engine and indicated that he thought they could replace it with one of the new cruisers. He noted that there had been some confusion as to when this would happen..
Supervisor Training Program – Chief Kehoe indicated that the supervisors – Sergeants, Lieutenants and the Captain - were participating.
Letters of Gratitude – Chief Kehoe reported that the department had received quite a few letters and indicated it was always nice to see them..
Correspondences – The Chief informed Commissioners that they had several correspondences in their packets. The State Traffic Commission – regarding the Woods of Newtown; The Sandy Hook Streetscape Project Phase II; the Plan of Conservation and Development (POCD); and the DOT regarding the upgrade of lights to include the emergency audio emitters at the intersections of Mile Hill & Route 25 and Route 25 & Botsford.

CAPTAIN’S REPORT: Captain Rios informed Police Commissioners that he had included much more information for them in their packets.
Independent Analysis Report December 2011 – Captain Rios reported that for the month of December they had 2331 incidents involving motor vehicles, burglaries, noise complaints, etc.
Motor Vehicle Enforcement Reports – The Captain said he was pleased to report that for December 2010 to December 2011 motor vehicle contacts were up 43%. He noted that this tells him the officers have stepped up their efforts.
DUI Report – According to Captain Rios, there were 13 DUI arrests for December 2011 and a yearend total of 68. He informed Commissioners that the number is down from last year but he owes that to what he believes is an increased awareness level
Monthly Traffic Enforcement Unit (TEU) December 2011 – The Captain indicated that the report includes graphs of the activity.
Monthly Detective Division Report by Lt. Sinko December 2011 – Captain Rios reported that the detective division is involved in ongoing investigations. He also noted that they have three school officers: Pisano, Flynn and Penna.
Chairman Mangiafico asked when the school officer started and Chief Kehoe replied that he was the first officer assigned to all the schools in 1989.
The Chairman asked what the thinking was and the Chief indicated that it was to support the educational process having the same officer handle issues consistently.
The Chairman asked if the Chief if he felt having three officers in the schools was necessary and Chief Kehoe said yes.
DUI Check Point – Captain Rios reported that there was a DUI check point held in the middle of December 2011. He noted that it was moved from the intersection of Trades Lane and Wasserman Way to Exit 9. The Captain stated that officers made 2 DUI arrests, drug arrests and handed out numerous motor vehicle warnings.
Captain Rios told Commissioners that he appreciated the work of the officers on those details.
Commissioner Faxon commended the Police Department for taking that stand.

UNFINISHED BUSINESS: none

NEW BUSINESS:
Discussion, consideration and action on utilizing asset forfeiture funds for future expenditures – Police Canine Program
Commissioner Faxon moved to transfer $1500 from GL 183 for the Canine Program. Commissioner Viadero seconded and the motion was unanimously approved.

PUBLIC PARTICIPATION: none

COMMISSIONER’S PARTICIPATION:
Commissioner Viadero suggested that the Commission actively seek donations for the expense of a new Police Canine. He indicated they would need approximately $12,000 to $15,000 and offered to Chair the drive. Chief Kehoe indicated that expense would cover the dog, the training and the gear.    
Chairman Mangiafico announced that he and the Chief sat down with First Selectman Pat Llodra and looked at the budget. He stated that they had a very comprehensive discussion about the items. The Chairman indicated that the budget will be reviewed sometime in January and he asked that any Board members who could be there to do so.

DISCUSSION AND POSSIBLE ACTION UPON STRATEGY AND NEGOTIATION WITH REGARD TO PENDING EMPLOYEE GRIEVANCES: Commissioner Faxon made the motion at 9:35 pm to go into executive session for the purpose of discussion and possible action upon strategy and negotiation with regard to pending employee grievances; and invited Chief Kehoe and Captain Rios to attend. Commissioner Budd seconded and the motion was unanimously approved.

At this time, the clerk left the meeting.


Ted Swigart, Clerk




ADDENDUM TO
MINUTES

REGULAR MEETING OF THE TOWN OF NEWTOWN BOARD OF POLICE COMMISSIONERS HELD ON JANUARY 3, 2012




At 10:40 P. M., the Board left executive session.


At  10:40 P. M. the board adjourned the meeting with no other business to attend to.



Submitted by:__________________________________
Chief Michael K. Kehoe