MONTEREY BOARD OF HEALTH MEETING MINUTES
Date: November 19, 2007
Present: Stephen Enoch, John Makuc, Robert Annelli and Peter Kolodziej
The meeting began at 3:45pm
1. The minutes from 11.5.07 were approved as written.
2. Mail was reviewed.
3. M. Noe informed the Board that 75 people attended the Flu Clinic on 11/8/07.
4. Peter Kolodziej reviewed the plans submitted for Regenstreich at 7 Seven Arts Rd and can not approve them at this time. The Board needs the location of the water line for Camp Half Moon and the inspection port for the Presby System needs to be per the specs. Peter has informed the Engineer.
5. Kenn Basler of the Monterey General Store came in for his cigarette sale violation hearing to determine if his tobacco sales permit will be suspended or not. The Board thanked Kenn for understanding the delay with holding the hearing while waiting for a response from the State Ethics Commission. Kenn would prefer not to sell cigarettes at all but there is a local crowd that purchases them (he sells 80 packs a week, 62 of which are sold to people they know based on a study the store performed). The store has since taken precautions: all the staff have signed a letter that they will be responsible for any fines incurred if cigarettes are sold to a minor and anyone under 26 is being carded. Kenn hopes that because of these precautions he’s taken that the
Board will forgo the suspension of his permit and should this happen again (which it should not) he would then consider not selling cigarettes any longer. Peter Kolodziej suggested that Kenn have his clerks take the class that will certify them to sell cigarettes and as a good faith measure do this in lieu of suspending his permit. The last 2 clerks that were involved in selling cigarettes to minors in the recent compliance checks have been let go. The Board agreed to not suspend the cigarette sales permit and Kenn Basler will contact Tri Town Health to sign his staff up for the clerk certification courses.
6. Erik Kirchner and Erin Kirchner came in to discuss the recent Title 5 violation that occurred at 14 Woodland Drive. Peter asked the inspectors to explain what happened during their Title 5 inspection. Erik said that the pump chamber was not accessed and the measurements were based on an as built provided by the owner and they probed and did not find anything. According to the owner’s as built the leach field was across the street and Erik states that he dug up the test hole and d-box. Erik verified that he is a Title 5 inspector and that as an inspector he is supposed to access the pump chamber and filter. Erik stated that they’ve been extremely busy and based upon his limited experience in performing Title 5’s and the owners statements
that it had been pumped within the last 2-3 years he determined it was a passing system. Erik takes full responsibility for not researching the owner’s claims and for not coming into the Town Hall prior to performing the Title 5 to review the Board of Health’s file. Since receiving the letter from Monterey they have been documenting their inspections with pictures to be included with their reports and only performing one inspection per day. The Board discussed the $200 fine that is imposed by the Board of Health and voted to keep the fine in place. The Board has no control over the licensure (this is handled by DEP). Robert Annelli suggested that the Town have some sort of permitting process to allow Title 5 inspectors to work in Monterey as we do with Septic Installers. Erik operates as an independent sub-contractor for Valerie Knickerson’s business when she can’t take on more business. A letter with the
Board’s final decision and the right to appeal the fine which would then go to district court will be sent to Erik. A letter will also be sent to Valerie that the Board confirmed that she was not present for the violation and the Board retracts the fine.
7. The Board of Selectmen has asked Peter Kolodziej to attend their 11/26/07 meeting to discuss the recent well contamination issue and the Board’s response.
8. The Board reviewed Town Counsel’s response regarding accepting faxed signatures on Board of Health applications and voted to continue the process that has been in effect and only accept original signatures.
9. The Board reviewed the ZBA application for the Crotty’s at 16 Woodland Drive and drafted their response. Final approval is subject to submittal and review of an upgraded septic system plan. The Building Certificate of Occupancy is conditional upon installation of the new system.
10. Robert Annelli will not be at the December 3rd meeting.
The meeting adjourned at 5:00pm
Submitted by
Melissa Noe
Inter-Departmental Secretary
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