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06-05-12
 
MINUTES FROM THE BOARD OF POLICE COMMISSIONERS
REGULAR MEETING HELD TUESDAY, JUNE 5, 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 7:30pm.

PRESENT: Brian Budd, Joel Faxon, Andrew Sachs, and Paul Mangiafico.
ABSENT: James Viadero
ALSO PRESENT: Police Chief Michael Kehoe, Captain Jose Rios, Police Union President Scott Ruszczyk, First Selectman Pat Llodra, 1 member of the press, and 14 members of the public

PUBLIC PARTICIPATION:
Peggy Fillion, 84 Underhill Road, told Police she was continuing to speak about the Riverside neighborhood problems. She reported that they had a neighborhood meeting and had sent a copy to the Board of Police Commissioners and “CC’d” the Chief.
Mrs. Fillion indicated that there were significant calls to 138 Underhill Road equal to the entire year of 2011.
She noted that they had made a request for more protection in their area and said they addressed other concerns including: racing cars; break-ins; and disobeying traffic signals. She added that these things were all happening within a 100 yards of a bus stop.
Mrs. Fillion suggested they were in attendance at the meeting that evening because of the safety of the kids.
Mrs. Fillion stated that they were looking at closing down the motel at 138 and indicated that other cities get rid of drug and alcohol places.

Sue Mouchantat, 22 Underhill Road, said she went on a fact finding mission. She said that 138 Underhill existed prior to 1956 and was grandfathered in terms of zoning and suggested that the owners Housatonic Motel LLC had leans against the property and owed back taxes.
Ms. Mouchantat indicated that they served as a motel on the 1950’s when exit 12 existed. She noted it was not running as a motel but rather more of a half-way house.

Laurie McCollum, owner of the Lorenzo’s Restaurant at 229 Riverside Road with her husband Paul, said she was convinced drug dealing was going on and said that since she filed a report and confronted them herself, there has been no visible drug dealing now. Mrs. McCollum noted it was going on 2 to 3 times a week and said her customers witnessed it firsthand.
Terry O’Connell, 11 Lake Street, expressed his concerns with the Fire Marshal and Fire Commission. He said his wife and he spent time cleaning up the streets and said he has seen vehicles coming and going regularly for 2 years. Mr. O’Connell suggested that if can set up a camera he is willing.

At 7:38 pm, Commissioner Faxon arrived at the meeting.

Commissioner Budd recommended that of they witnessed a transaction they need to get a license plate so the officers can do their job more effectively. The Commissioner also suggested that if they want to take a picture – take a picture. Commissioner Budd suggested that they call the general number at the Police Department (203-426-5841).with that kind of information.

Karen Lockwood, 2 Lake Drive, said she has witnessed the same thing walking the dog at night - cars go in and out. She added that when they see them, the cars take off.

Commissioner Faxon suggested the concerned residents talk to the Town attorney about suing the owner civilly as a nuisance. He noted that to arrest someone you need a crime you can prove in court. The Commissioner suggested that if there is a barrage of nuisances, there are remedies through the civil process. He noted that the owner can be sued for permitting a nuisance on his property.

Chairman Mangiafico spoke to Mrs. Fillion suggesting that at the last meeting she came there. He noted that the lost she gave them tonight he discussed with Mrs. Llodra at her request. The Chairman said he then discussed it with the Chief. He noted that based on that information there is a multifaceted problem – laws being broken and zoning violations.

Chief Kehoe thanked all the residents for coming down that evening and expressing their concerns. He reassured them he was putting resources down there – probably more marked to discourage further activity, and noted that patience is the key.

Trisha Bobowick, 16 Underhill Road, told Commissioners her house has been broken into twice since they moved in. She said she asked of someone could sit in the driveway to monitor the traffic and suggested it would offer deterrence.
Chief Kehoe reassured those in attendance citing that the police department would use all the tools available – some they see and some they are unaware of.

Mrs. Fillion thanked the Board for all their help and suggested that they would get zoning, fire marshal and the police department to pull it together to take care of the issue.

Mrs. Llodra stated that these were people who care a lot about the community to ensure it is safe and attractive. She suggested that officials need to respond to the residents’ concerns so they don’t feel they are on their own. The First Selectman indicated that the motel is grandfathered so there are layers of complexity. She added that they need to work on all fronts. Mrs. Llodra suggested that if she was in charge she would work on just the criminal front, but added that from the Town side of things they would do what they can legally.
Mrs. Llodra told those in attendance that the Legislative Council was almost done writing a blight ordinance and suggested that this particular matter would fall under that.
She noted that the focus on the activity at the motel has not elevated to this point ever.

Mrs. Fillion explained that she had recently reviewed this with Land-Use Director George Benson and he had reportedly indicated that all the taxes were paid and everything was fine from a land-use perspective.
Chairman Mangiafico once again thanked the concerned residents for coming.

Chief Kehoe urged the residents to continue to be aware and said he had read the notes of the neighborhood watch and they certainly had great ideas.

The residents thanked the Board and left the meeting at 8:06 pm.

POLICE UNION PARTICIPATION:
Union President Scott Ruszczyk reported that two years ago IA was opened up with the Stinson/ Costello case and asked if there was any resolution.
Chief Kehoe said yes there was and said they would be closing it as soon as they get the transcripts from the court.
Commissioner Budd asked if the Union has been reimbursed and Union President Ruszczyk said yes.

CONSIDERATION AND ACTION OF THE MINUTES FOR: REGULAR MEETING May 1, 2012 AND ADDENDUM – Commissioner Sachs moved to accept the minutes of the regular meeting of May 1, 2012 & addendum and the Special Meeting Tuesday, May 15, 2012. Commissioner Faxon seconded and the motion was unanimously approved.


CHIEF’S REPORT:  Personnel Report – Chief Kehoe stated that he had nothing to report other than the resignation of an officer which was on the evening’s agenda and two officers out on leave. He added that he hoped their quick recovery was eminent. Budget – The Chief told Commissioners that he included the latest budge balances in their packets. He said he always looks closely at them as they move through the month. According to Chief Kehoe, this past month was a little different as there are some negative balances for example FICA which is in the rears because of the enormous amount of side jobs the officers are doing. He noted that they will be reimbursed by the 3rd party. Chief Kehoe noted that the Budget Referendum was that day and he hoped it passed. Fleet Report – Chief Kehoe reported that he was anxiously awaiting the arrival of three new cars and reminded the Board that they were going with the new Chevy Caprices. Chairman Mangiafico asked if this costs more. The Chief said he was not sure until they moved the equipment into the new vehicles. Chairman Mangiafico asked if they were paying anymore than any other agencies and Chief Kehoe said no. The Chairman asked if the $30,000 would cover the car and the Chief said he hoped so. Training Report – Chief Kehoe told Police Commissioners that the field training is complete and the last officer is working on his own. Chairman Mangiafico asked if they were now going to pay $1500 for each new officer and the Chief said yes. Chief Kehoe stated that municipalities had a lot of arguments against it. He added that $1500 was not expensive but could be $15,000 down the road. Chairman Mangiafico noted that it was a lot easier to increase a $1500 fee than from $0. Letters of Gratitude – Chief Kehoe informed Commissioners the department received 1 letter of gratitude in their packets for Officers Figol and Hull. Correspondences – The Chief reported that he had several correspondences since they last met. He indicated that there was nothing notable at this time except day to day stuff. 2011 Uniform Crime Report (UCR) – Chief Kehoe told Commissioners that they had the report in their packets and there were no significant trends.





CAPTAIN’S REPORT: Independent Analysis Report for May 2012 - Captain Rios indicated that Police Commissioners had the report for May. He noted that there was a big increase in building checks mainly because they were stepped up by the officers, but suggested that other than that there was nothing significant. Monthly Traffic Enforcement Unit (TEU) Report by Sgt Bahamonde May 2012 – Captain Rios reported that they had completed a motor vehicle check point and stated that Officer Silver had participated with DMV, Trumbull and Monroe. The Captain said he gave them a lot of credit for being proactive. Captain Rios also reported that the Department had participated in Click-It or Ticket as well as cracking down on the loud exhausts on motorcycles. Chairman Mangiafico noted that the department collected $3,000 in fines and asked the Chief how much the Town gets. The Chief said none and that it all went to the State. The Chairman suggested that originally the money that went to the State helped pay for the training of new officers, but now they are being charged $1500 for the training of each new officer in addition to giving all the revenue collected to the State. Captain Rios commended Officer Steve Ketchum for the stopping of John Heath who was arrested for murder. The Captain added that Officer Ketchum was also instrumental in locating Mr. Heath. Detective Division Report by Lt. Robinson May 2011 – Captain Rios indicated that the Commissioners had the highlights of the School Resource Officers on their packets. He reported that the detectives had a performed good investigation with the highlight being the arrest of John Heath. The Captain congratulated Detective Frank for doing a lot of work on the investigation. DUI Patrols – Captain Rios reported that the Department performed a DUI check from May 24th to 28th, resulting in 2 DUI arrests, 28 infractions for speeding, and issuance of other violations as well. The Captain reported that they would be performing another DUI check on June 15 at an undetermined location and extended an invitation to Commissioners to come observe.
Chief Kehoe added that he has been in contact with the Troop Commander of Troop A to combine resources to conduct a check together.
The Chief announced the MADD Award winners with the highest DUI arrests were Officers Matt Wood and Felicia Figol.


UNFINISHED BUSINESS:
Further discussion of the Queen Street – neighborhood feedback – Chief Kehoe reported that the department put out tubes again, tracking vehicles for speed and flow of traffic. He added that they would do it for another week then set up on Glover Avenue.
Chairman Mangiafico indicated that there had been a lot of complaints about people laying on the horn and noted that a couple of people asked if anything can be done about it.
Commissioner Budd recommended the neighbor to write license plates down and the officers will talk to them.
Chairman Mangiafico suggested that they all agreed that 2 speed bumps won’t be sufficient.
The Chief agreed but indicated that part of the noise of the accelerating and braking was due to the fact that the speed bumps were slowing vehicles down too much – to about 10 mph. According to the Chief, the idea is to slow traffic down but keep it moving without excessive speed.
Commissioner Faxon stated that citizens of the Town voiced to him interest in investigating to remove the “no right turn on red” sign at the intersection of Queen Street and Church Hill Road.
Union President Ruszczyk indicated that the reason for a “no turn on red” is that the businesses want people to be able to turn into their establishments by stopping the flow of traffic.

Discussion, Consideration and Action on Noise Complaints within Newtown- review of proposed ordinance on regulating discharging firearms within Newtown – According to Chairman Mangiafico he is concerned about the inclusion of the BB guns and air rifles in the proposed ordinance
Commissioners agreed the concern was about the noise and at the Chairman’s suggestion all agreed that BB guns and air rifles be removed from the draft of the proposed ordinance.
Chairman Mangiafico also suggested that in Section I they should designate a dollar amount. Commissioner Faxon suggested $100 and suggested that they have an accelerator in there for repeat offences.  
Chief Kehoe explained that a violation of an ordinance was an infraction as well so it was up to the discretion of the officer as to what the individual would be charged with. He noted that repeated infractions carried an increased dollar amount with each recurring offence.
According to the Chairman, the Legislative Council was told they would have something on their hands within a couple of weeks of the Board of Police Commissioners meeting they would have a proposal on their hands. Commissioner Faxon asked if they needed a motion and the Chairman said yes.
Commissioner Faxon moved to approve the discharge of firearms ordinance as amended by removing air pistols, air riffles, and BB guns, as well as altering subsection B to remove the typo, “when otherwise permitted by law or by an individual for the protection of life or property”; and also amending Section I “violation of an ordinance shall be punishable by a fine of $100.” Commissioner Budd seconded and the motion unanimously carried.


NEW BUSINESS:
Discussion and possible action on traffic safety concerns FHH (Town) roads – Chief Kehoe reported they had received recommendations by Traffic Unit by Officer Silver looking into the complaints up at the Fairfield Hills Campus. He asked that the Board look at the situation and suggested that the Chairman make a statement and a recommendation.
The Chief noted that some of the observations Officer Silver had made included people using the roadways to walk on. He suggested that with an increase in traffic this could become a safety concern.
The Chairman noted that the traffic unit did a nice job with their recommendations
Chief Kehoe noted ways of improving the safety such as: painting crosswalks and putting in speed bumps; and changing areas where there were fire hydrants.
Commissioner Sachs suggested that the Board can determine the costs and best use.
Chairman Mangiafico recommended they come back to it next month.


Discussion and acceptance of resignation of Officer Todd Dingee – Chief Kehoe informed Police Commissioners that Officer Todd Dingee would be resigning effective July 3, 2012. The Chief noted that Officer Dingee was resigning for very personal family reasons and would be leaving the State of Connecticut. Chief Kehoe told Commissioners that Officer Dingee was “well liked and a fun loving guy” and would be missed.
Commissioner Faxon moved to accept Officer Todd Dingee’s resignation from the Newtown Police Department. Officer Sachs seconded the motion and following Commissioner Budd’s suggestion that Officer Dingee be offered an exit interview. The motion was unanimously
approved.

Discussion and action on secondary employment request – Chief Kehoe told Commissioners that Officer Steve Santucci had applied for secondary employment and given ample information on what he will be doing. The Chief added that Officer Santucci will be doing promotional work out of his home and recommended the Board approve the request.
Officer Budd moved to accept Officer Santucci’s application for secondary employment. Commissioner Faxon seconded and the motion unanimously carried.

PUBLIC PARTICIPATION:  none

COMMISSIONER’S PARTICIPATION: Chairman Mangiafico suggested that they skip their next regular scheduled meeting on Tuesday, July 3, as it was the day before the holiday and many would be on vacation. The Chairman suggested they hold a special meeting at a later date that month if necessary and his fellow Commissioners agreed.
Chairman Mangiafico reported that he had attended the annual Law Enforcement Memorial celebration on Meriden for all the fallen officers recently.
The Chairman also stated that he attended the Police Commissioners Association meeting in Meriden and three chiefs were recognized – the Chiefs from Naugatuck, Stratford and Stonington.

ADJOURN THE MEETING:  Commissioner Budd moved to adjourn the meeting at 9:07 pm. Commissioners Sachs seconded and the motion was unanimously approved.

Ted Swigart, Clerk




 Ted Swigart, Clerk