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Minutes 06/13/2007
                       MINUTES
                     BOARD OF PUBLIC SAFETY
                     JUNE 13, 2007

A   REGULAR  MEETING   of the Board of Public Safety was held on Wednesday, June 13, 2007, in the Council Chambers.

Those in attendance included Mayor Ryan J. Bingham,  members of the Board of Public Safety Christopher H. Cook, Douglas J. Benedetto, James E. Potter, and Michael Colangelo, and Corporation Counsel Ernestine Yuille Weaver, Police Chief Robert Milano, Deputy Police Chief Michael Maniago, Traffic Officer Robert Shopey, Fire Chief John Field, Deputy Fire Chief Jaye Giampaolo, Torringford Volunteer Fire Chief Lawrence Dauphanais, and  Drakeville Volunteer Fire Chief Michael Maccalous. Commissioners Richard L. Zaharek and Robert C. Zordan, Emergency Management Coordinator Thomas Vannini, Director of Operations at Campion Ambulance Fred Rosa, and Burrville Volunteer Fire Chief Roger Rougeot were absent.

        Mayor Bingham called the meeting to order at 7:00 p.m.

MINUTES #015
On a motion by Commissioner Potter, seconded by Commissioner Benedetto, the board voted unanimously to accept the minutes of the regular meeting held May 9, 2007.

OPEN TO THE PUBLIC #020
On a motion by Commissioner Colangelo, seconded by Commissioner Potter,  the board voted unanimously to open the meeting to the public.

Officer James Crean was sworn-in as Detective by Mayor Ryan J. Bingham.  

Bill Borla, 82 McKinley Street, asked the board to table the discussion in regard to Travis Street.

Mayor Bingham said the board will hear Officer Shopey and get the neighbors, Mr. Marola, and the Board of Safety together to hold a demonstration, and the matter will be placed on the July agenda for a vote.

Mr. Borla thought there may be a zoning problem and felt the City Planner should be involved.

Mayor Bingham stated that the Board of Safety is limited to safety issues.

Ralph Murphy, 17 Travis Street, said he was familiar with the court system and qualified to interpret state statutes.   He noted that it was suggested to post No Parking signs on Travis Street.   According to State Statute 14-308, this board shall have the power to regulate traffic and post signs.  He also noted that Over the Road trucks, or thru trucks, are strictly under the jurisdiction of the State Traffic Commission.  Therefore, he urged the board to look into the issue of jurisdiction before they vote on this matter.

Commissioner Potter said there has been no discussion about prohibiting parking on the street.  

HIRE RYAN SLAIBY: PROBATIONARY OFFICER #350
On a motion by Commissioner Colangelo, seconded by Commissioner Benedetto, the board voted unanimously to hire Ryan Slaiby as probationary police officer.                                      
RESCIND MOTION #375
On a motion by Commissioner Colangelo, seconded by Commissioner Benedetto, the board voted unanimously to rescind their vote to hire Ryan Slaiby as probationary police officer.

EXECUTIVE SESSION # 380
On a motion by Commissioner Colangelo, seconded by Commissioner Benedetto, the board voted unanimously to move Item #25 “Vote to go into executive session under Personnel: Police Department.

The board went into executive session.

OPEN SESSION #410
On a motion by Commissioner Benedetto, seconded by Commissioner Colangelo, the board voted unanimously to reconvene into Open Session.

HIRE RYAN SLAIBY: PROBATIONARY OFFICER #350
        On a motion by Commissioner Colangelo, seconded by Commissioner
       Benedetto, the board voted unanimously to hire Ryan Slaiby as Probationary Police Officer.   

APPLICATION FEE: POLICE DEPARTMENT #460
On a motion by Commissioner Colangelo, seconded by Commissioner Benedetto, a discussion took place in regard to the request to eliminate the $400.00 application fee for applicants in the testing process.

Chief Milano indicated that the elimination of the $400.00 fee would help the city recruit new officers.  Commissioner Benedetto, member of the Personnel Committee for the Police Department, agreed with Chief Milano.

Chief Milano indicated that towns charge $25.00 to $50.00 fees for the initial filing and testing.  The City of Torrington charges $25.00, which helps defer the cost of the process.  He wasn’t aware of any other town that charged a fee after a conditional job offer was made to help defray the costs of the  polygraph, the psychological testing, etc.   

VOTE #520
On the previous motion, the board voted unanimously to eliminate the $400.00 application fee.
                
CHIEF MILANO’S REPORT #530
On a motion by Commissioner Colangelo, seconded by Commissioner Potter, the board voted unanimously to accept Chief Milano’s Report for May 2007.
                                                                
        HARWINTON AVENUE #540
On a motion by Commissioner Potter, seconded by Commissioner Colangelo, a discussion took place in regard to Officer Shopey’s recommendation that parking on the west side of Harwinton Avenue, from a point approximately 87 feet from the Route 8 Exit 43 exit ramp, northerly for a distance of approximately 60 feet, be allowed.   (Tabled on 5/9/2007.)
        
Commissioner Potter suggested allowing parking on the west side of the street from the entrance ramp to Route 8, or maybe just beyond the center island, to the town line, and place “No Parking” signs in the proper distances from the entrance and exit ramps, rather than restricting the parking in front of people’s homes.  

Officer Shopey said he probably would go further than the recommended 25 feet from the exit ramp because a problem exists with someone parking on the state property.

He pointed out that Mrs. Clapps, the resident who will be most affected by any change, was present at this meeting, and it appeared as though she agreed with the recommendation.  

AMEND THE MOTION #610
Commissioner Potter amended his motion to allow parking on the westerly side of Harwinton Avenue from the exit 43 on-ramp to the south of the town line.  Commissioner Colangelo amended his second.   The vote was unanimous.

LITCHFIELD & WYOMING #625
On a motion by Commissioner Potter, seconded by Commissioner Colangelo, the board voted unanimously to accept the following recommendations from Officer Shopey in regard to the intersection of Litchfield Street and Wyoming Avenue:1

       A.      That high grass located on the embankment at the shoulder of the west travel lane of Litchfield Street be trimmed and maintained to increase the line of sight.
               B.  That based upon the crest at the intersection, that a W2-4 T-symbol                           advance intersection sign be installed at the required distance on                              approach to the intersection for both directions of travel on Litchfield        
                            Street.
       C.  That since the geometric change of the roadway would be too costly,                         vehicle speeds must be reduced to meet the recommended speed to line                   of sight requirements. Therefore aggressive enforcement is recommended        to        be conducted on Litchfield Street in the area of the intersection.

Commissioner Potter asked Officer Shopey if he would recommend installing  stop signs on either side of McDonald Street.

Officer Shopey indicated that a state statute specifically prohibits the installation of stop signs for speed enforcement.   A stop sign may be acceptable if there is an accident history, but there is none in this case.

JOSEPH STREET #710
On a motion by Commissioner Colangelo, seconded by Commissioner Cook,  the board voted unanimously to accept Officer Shopey’s recommendation to install signs that say: “2 Hour Parking During School Hours” on both sides of Joseph Street and 100 feet of Elsie Street.

TRAVIS STREET #720
On a motion by Commissioner Colangelo, seconded by Commissioner Potter,  a discussion took place in regard to Travis Street.   

Officer Shopey said there were issues regarding Travis Street concerning the first recommendations the board had and the subsequent follow-up, where some of the neighbors and Mr. Marola were not on the same level as the board.  He looked into the question that was brought up at last month’s meeting concerning the use of the Turner & Seymour property, which is not accessible by any type of vehicle.  There were also issues regarding the railroad tracks and the bridge.  

Officer Shopey’s recommendation was to table the matter until the July meeting to allow him to meet with the Mayor, members of the board, the neighbors, and Mr. Marola, to observe whether or not a tractor trailer can safely make the turn on the property.

The board allowed Mr. Marola to speak.  

Mr. Marola said he picked up copies of e-mails Officer Shopey received from concerned neighbors.  He said  “I kind of shrugged it off at the last meeting when Officer Shopey was actually lied to and said that Litco and I had agreed that it was o.k. not to have tractor trailers go down the road, which we never did; but, that’s the understanding that Officer Shopey had, so he said ‘Well then, fine, if it’s no problem with us’....(sentence unfinished.)  I wasn’t aware of a meeting, I never said that, it would destroy my business there.   So, I kind of shrugged that off as a misunderstanding.  Now, I read some of these e-mails and I couldn’t fathom why all these people on McKinley and Grandview were worried about Travis Street, now I find out through these e-mails that they’re all being told I’m putting a driveway in and there’s going to be tractor trailer traffic down McKinley.  Now it adds up.  I didn’t say that.  Somebody is lying, and I want to clear the air that there is no driveway permit there.  I was pretty clear about it at the last meeting, I said “I don’t need a driveway in there”.

Officer Shopey said part of the issue is that Mr. Marola did begin to install a driveway there, with the intent of using it originally, and then stopped.

(Mr. Marola also said the neighbors were dumping mattresses, bicycles, stoves, etc. in the area, creating a real junk yard.)

Officer Shopey said they may have also gotten that (the driveway issue) from him because during one of their meetings, Mr. Marola said he may move forward with the driveway within the year.

Mr. Marola said “But if and when I ever did, I wouldn’t hide it from anybody who would want to know.  Right now we’re doing fine without it.”  The reason there’s a concern is because people are being told lies.     

Officer Shopey said part of his communication made it clear that within the future, there may be an alternate route going that way, if Mr. Marola does install the driveway.

Mayor Bingham said they needed to get together on site so the board can understand what is being opposed and can make an informed decision on the matter.

Mr. Marola asked the board to make certain the information they receive is factual.   The only issue before the board should be “Can a truck safely drive  down Travis Street?”

Commissioner Cook said that’s what they’re going to decide.

Commissioner Benedetto said the driveway is a Planning & Zoning issue.

Mayor Bingham noted that a meeting will be scheduled for the demonstration.  

Venice Blackman, 72 Belleview Avenue, which is two houses from the entrance to Travis Street, said she has a bird’s eye view of traffic coming in and out of Travis Street.  For months, trailer trucks have been delivering goods to the warehouse destination.  On a numbers of occasions, they arrive at 7:30 a.m. and make an attempt to back down Travis Street, they drive onto the sidewalks and concrete stairs, and block traffic.   She noted that she had no problem with free enterprise, but she did have a problem when there’s danger to children, deformation of property, and property devaluation.  She said Mr. Marola told her that Litco was supposed to off-load at their yard and bring all the goods to their warehouse in a smaller truck. Consequently, it would never infringe upon any property, safety, etc.

Again, Mayor Bingham stated that a meeting of those involved will be held.
No vote was taken.

COMMUNICATION REPORT #1070
On a motion by Commissioner Cook, seconded by Commissioner Benedetto, the board voted unanimously to accept Officer Shopey’s Monthly Communication Report for May 2007.

Officer Shopey gave the board an update on parking violations and the crosswalk requested in front of Toce Bros.

OCCUPATIONAL RISK CONTROL SERVICES #1190
On a motion by Commissioner Colangelo, seconded by Commissioner Potter,  a discussion took place in regard to the request to authorize the use of $9,328.00 from Contingency to hire Occupational Risk Control Services, Inc. to conduct specialized testing for mold and mildew problems at Police Headquarters, and refer the matter to the City Council and Board of Finance.

Mayor Bingham requested tabling this item until the July meeting because OSHA will do another study in July when the air conditioning is running, at no charge to the city.

Chief Milano noted that Occupational Risk Control Services was recommended by Dave Bascetta, Director of Facilities for the city’s Board of Education who dealt with similar issues in the past.  He also noted that the company will actually test organic surfaces in the building that are not just heat and cooling system related.  

Chief Milano said he turned OSHA’s report over to Tom Gritt, the Chairman of the city’s Safety Committee when it was received in March.  An industrial hygienist gave the city a courtesy call, but was not very committal as to the extent of the problem because he didn’t have an opportunity to view the entire building.   He could ask OSHA to expedite their next report after their July visit, if the board wished him to do so.

Commissioner Cook asked Chief Milano if he could sense anyone calling in sick may be mold related.

Chief Milano said it was hard to judge because it’s either the allergy or the cold season, etc.  The Deputy Chief’s office is affected and he has had some problems during the course of the winter.  

Chief Milano said they suffer from not having a facilities control individual who can be on top of these things and it’s left up to him and his deputy who have no experience in this field.

Mayor Bingham noted that this request was taking them in a different direction from what OSHA had recommended, which was to wait until July when they could come back and re-test the environment when the air conditioning was on and running.

Commissioner Colangelo was concerned about the fact that this problem was first noted in December of 2006.

Commissioner Cook thought Commissioner Colangelo had a valid point.  If they moved forward on this motion to start the ball rolling, it would be some time before someone could actually do the testing.  If that’s the case and OSHA comes in, we could hold off on this request.

Mayor Bingham indicated that the City Council and/or the Board of Finance may choose to table the matter, but he thought it would be better coming from this board.

OSHA’s recommendation was for them to come back in July to re-test while the air conditioning continues to run, so that they can furnish this board with accurate readings without having to spend $9,300.00 on a test that may not be necessary.

Commissioner Colangelo noted that, when the air conditioner is not on, the heat is on.  He asked if OSHA believed it was a different environment.

Deputy Chief Maniago noted that his office and the cell block area were targeted as having higher than normal levels of fungal yeast, which is an indication of mold.  He pointed out that he had a long term illness in the winter and the doctor had a difficult to find a cure, so it is believed that it may have been due to this problem.

Commissioner Cook said he won’t know for sure unless they go into a full study on mold.  

Commissioner Colangelo thought the lesson learned through the Middle School to attack the problem in its early stages can be applied here as well.

Commissioner Cook and Colangelo agreed that something has to be done and they’ve waited since January.

Mayor Bingham said the recommendation from OSHA was not to go to test further.  OSHA is where we go for this type of situation, and their recommendation was to come back in July to re-test when the air conditioning is running.  He was merely following OSHA’s recommendation.  The request at hand is another step beyond OSHA.    

Chief Milano said they thought hiring Occupational Risk Control Services was the next comprehensive step to take, after speaking with Dave Bascetta, who was able to furnish them with a bit more information about mold, organic matter, etc.   He noted that the masonry work being done at the moment may have a positive effect on the matter because some of the water could have come through the deteriorating mortar.   He explained that he turned to OSHA because they sensed they may have a problem and he felt, after talking with Tom Gritt and Jerry Rollett, that, if you have OSHA come in on a consultation, the consultation end doesn’t talk to the enforcement end unless they think nothing is being done about it.   

Mayor Bingham said they are learning from the lessons of the Middle School by preempting.  They are not being reactive right now, they asked OSHA to come in without them enforcing something.  His fear is that, without following OSHA’s recommendation, they’re putting another cog in the system by not waiting for them to fully complete their study.

Commissioner Colangelo felt it was an aggressive step to figure out what’s wrong.  Maybe Occupational Risk Control Services can’t come in before OSHA returns.  He thought OSHA will do their study in July, no matter what.
He was leaning toward the side of being aggressive about this matter.   He didn’t want to spend any money, but will take that stand if it could potentially affect the health of our employees.

Commissioner Potter asked Deputy Chief Maniago if he thought things had changed since the air conditioning unit has been running.

Deputy Chief Maniago indicated that a musty smell appears in certain locations when the air conditioning unit is running, but they don’t know what it’s from.    

Commissioner Cook indicated that they have to be pro-active, now that it’s on record.
Commissioner Potter felt the board was doing the right thing by moving forward with this request, for the well-being of our employees, but it doesn’t mean that the City Council or the Board of Finance will approve the request.

Mayor Bingham asked Commissioner Potter not to make it seem like we’re not doing the right thing, when we are doing the right thing.

Commissioner Potter noted that July 1st was fast approaching.

Mayor Bingham indicated that we are attempting to solve the problem by bringing OSHA in, and they have the expertise in situations like this.   If the board wants to spend the money for another study, it was fine with him.  

Commissioner Cook said it’s not about spending the money; it’s about the  health of the police department.  

VOTE ON OCCUPATIONAL RISK CONTROL SERVICES #1695
On the previous motion, the board voted unanimously to authorize the use of $9,328.00 from Contingency to hire Occupational Risk Control Services, Inc. to conduct specialized testing for mold and mildew problems at Police Headquarters, and referred the matter to the City Council and Board of Finance.

BID: POLICE BODY ARMOR #1700
On a motion by Commissioner Colangelo, seconded by Commissioner Cook, the board voted unanimously to accept the recommendation from the Vest Committee and the Purchasing Agent to award the bid entitled “Police Body Armor” to First Choice Armor at $530.00 per vest.  ($40,810.00 for 77 vests.)

FIRE CHIEF FIELD’S REPORT #1710
On a motion by Commissioner Potter, seconded by Commissioner Colangelo,  the board voted unanimously to accept Fire Chief Field’s Report for May 2007.

Chief Field indicated that a sub committee, of which Commissioner Potter was a member of, was in the process of setting fees for the new billable services ordinance, and the proposed fee structure will be brought to this board once it is completed.   He noted that letters had already been sent out to people who use the fire department to pump out their cellars.  

Committee Potter said he thought it was too soon to send letters out because the ordinance still wasn’t in effect.

Chief Field noted that letters were sent out after the storm that caused 242 pump outs telling those people to be aware, that there could possibly be a charge for a pump out in the future.   No one is getting charged at this time.  

Commissioner Colangelo pointed out that there will be an appeal process with this board overseeing the process for anyone thinking they were excessively charged for a pump out.

Commissioner Potter didn’t want people to think the fire department wouldn’t pump out a cellar if we have another storm causing eight inches of rain.

Commissioner Benedetto said people are afraid to call the fire department because they don’t have the money to pay for a pump out.   They pay taxes and get charged further for a pump out.

Chief Field noted that the ordinance is targeting people who consistently ask for help.  It’s not fair to those who also pay taxes, but take care of their own pump outs.   When does someone else’s problem become the fire department’s problem?   The committee discussed allowing one pump out a year.

Commissioner Cook said the committee will propose a draft copy of fees for this board to peruse.   They did the same thing with false alarms going off on a regular basis at the police department.

DEPUTY FIRE CHIEF’S REPORT #1905
On a motion by Commissioner Potter, seconded by Commissioner Colangelo, the board voted unanimously to accept Deputy Fire Chief Giampaolo’s Report for May 2007. (It was distributed at the meeting.)

Commissioner Benedetto asked if barriers could be placed in front of the Northend Fire Station.

Chief Field noted that this has been discussed and it’s in their best interest to do so, since it’s not the first time the building has been hit by a motor vehicle.
He’ll talk to the Street Department about putting up some jersey barriers.

FIRE MARSHAL’S REPORT #2000
On a motion by Commissioner Potter, seconded by Commissioner Colangelo, the board voted unanimously to accept the Fire Marshal’s Report for May 2007.

TRAINING OFFICER’S REPORT #2005
On a motion by Commissioner Colangelo, seconded by Commissioner Potter, the board voted unanimously to accept the Training Officer’s Report for May 2007.

INCIDENT REPORT #2010
On a motion by Commissioner Colangelo, seconded by Commissioner Cook, the board voted unanimously to accept the Incident Report for May 2007.

MOVING FIRE DEPARTMENT CONSOLE #2025
On a motion by Commissioner Potter, seconded by Commissioner Colangelo, a discussion took place in regard to the request to move the Fire Department’s communication console to the Police Department.

Chief Field explained that the board received at its last meeting a quote from Northwest Communications to move one of the communication consoles from fire headquarters to the police department.   A consultant has been hired to review the entire process and investigate what will be needed.  The price to move the console is $28,870.00, which will include some work on the police department’s console as well.  Chief Field’s personal recommendation is that it might be in their best interest to wait for the consultant’s report to see if the police department is the most feasible place to have it.   He believed the report will be complete in August.   

Chief Field didn’t want to see the city spend $30,000.00 just to find out that the police department wasn’t the best place for it.

Commissioner Potter pointed out that the item didn’t have to go out to bid, even though it was over $10,000.00 because Northwest Communications was already under contract with the City of Torrington.

Chief Field pointed out that a full time and a part time civilian dispatcher was budgeted in the upcoming budget, and there was nothing to prevent them from working at fire headquarters.

Chief Milano agreed with Chief Field’s recommendation to wait until they receive a preliminary report, perhaps as soon as August.

VOTE #2215
On the previous motion, the board voted unanimously to oppose the motion  to move the Fire Department communications console to the Police Department.  Motion failed.

LIFE STAR #2220
On a motion by Commissioner Colangelo, seconded by Commissioner Potter, a discussion took place in regard to providing landing zone services for Life Star at Charlotte Hungerford Hospital.  
                                
Chief Field noted that they had the opportunity to meet and discuss this matter with representatives from the Charlotte Hungerford Hospital and Life Star, and it is his recommendation that the fire department cease responding to “routine” Life Star landings at Charlotte Hungerford Hospital.   Charlotte Hungerford will be handling this through their own means of security and communication. Chief Field has advised them that the fire department will be available for any reason should they be required, due to a non-routine landing of some sort. Also, Chief Field advised Life Star that they will still provide them with landing zone protection and security should they need to land off-site from Charlotte Hungerford Hospital.

Commissioner Potter asked Chief Field if he thought July 1st would be enough time for them to handle the matter on their own.

Chief Field stated that Charlotte Hungerford has already been advised that services will be discontinued beginning July 1st.   After speaking with officials at Charlotte Hungerford and Life Star about this board’s concerns, they were fine with landing there without the presence of the fire department.   A letter was sent to Jim Elliott, Vice President of Charlotte Hungerford, informing him that the fire department will no longer be present during Life Star routine landings, effective July 1st, 2007.  (Attached to official minutes.)

VOTE #2385
On the previous motion, the board voted unanimously to cease responding to “routine” Life Star landings at Charlotte Hungerford Hospital.  Motion carried.

The following items were not available:

The EMS Provider Activity Report from Campion for May 2007.

The Emergency Management Coordinator’s Report for May 2007.

BUS: DEPT. HEADS #2395
On a motion by Commissioner Potter, seconded by Commissioner Benedetto, the board voted unanimously to consider business by Department Heads.

Chief Milano explained that his department has two asset forfeiture proceedings in progress that are advancing rapidly and he will keep the board abreast of its progress.   He reported that a sizable amount of money was coming our way.

Chief Milano indicated that asset forfeiture money is being put to very good use in purchasing some equipment that they couldn’t afford to purchase otherwise.

Chief Milano stated that he furnished the board with copies of a report on family violence cases.

Chief Field thanked Mayor Bingham, Chief Milano, Deputy Chief Maniago and those members of this board who attended their Awards Ceremony held at fire headquarters.

BUS: VOLUNTEER FIRE DEPTS: #2490
On a motion by Commissioner Potter, seconded by Commissioner Colangelo, the board voted unanimously to consider business by Volunteer Fire Departments.

Torringford Volunteer Fire Chief Lawrence Dauphanais thanked Mayor Bingham and the board for supporting their 50th Anniversary functions.

He noted that his department received a bit of flack in regard to fees, but he hoped a press packet could alleviate any misconceptions.

ADD TO AGENDA #2590
On a motion by Commissioner Cook, seconded by Commissioner Colangelo, the board voted unanimously to add an executive session to the agenda by 2/3rds vote under Personnel: Police Department.

EXECUTIVE SESSION #2600
On a motion by Commissioner Cook, seconded by Commissioner Benedetto, the board voted unanimously to go into executive session under Personnel: Police Department.

OPEN SESSION #2630
On a motion by Commissioner Cook, seconded by Commissioner Colangelo, the board voted unanimously to reconvene into open session.

BUS: MAYOR & MEMBERS #2640
On a motion by Commissioner Potter, seconded by Commissioner Colangelo, the board voted unanimously to consider business by Mayor Bingham and members of the Board of Public Safety.

Commissioner Benedetto thanked Chief Field for sending personnel to Waterbury to a funeral for a brother firefighter.

He also commended Chris Peppler for receiving the Firefighter of the Year award.

Commissioner Colangelo congratulated the Torringford Volunteer Fire Department for the 50th Anniversary.

The board agreed to schedule a meeting at 5:30 prior to July’s regular meeting to hear the 2nd part of Chief Field’s presentation on the Master Plan.

ADJOURNMENT #2740
On a motion by Commissioner Potter, seconded by Commissioner Cook, the board voted unanimously to adjourn.


ATTEST: CAROL ANDERSON
             Recording Secretary