CITY OF NORWALK

DECEMBER 18, 2001

The Chairperson called the meeting to order at 6:05 p.m.

Introduction of Members

Ms. Rivas requested all members introduce themselves and identity their affiliation. She announced there were no action items to vote on and said there would be an overview of the Health Department for discussion.

Approval of Minutes – November 9, 2001

It was noted that the minutes were not on the agenda for approval and therefore a motion was required to suspend the rules to add the approval of the minutes.

Mr. Griffith said he was in contact with the residents and at the last meeting told they wouldn’t have to attend this meeting. He stated he was present tonight to assure that the citizens get recognized.

Ms. Rivas said she tried to contact the people that have been present at the meeting but she was not successful.

Mr. Griffith said the citizens voiced their complaint several times and it was understood something needed to be done.

Mr. Callahan said he and Mr. Wrinn from Planning & Zoning met with Mr. Bailey and determined the property encroaches S. Main Street and the layout is at a bank and a railway right-of-way that is not used but owned by the railroad and is Hatch & Bailey property. At this part of the property are cement blocks that are stockpiled and the neighbors complained of the noise and dust going into the street and into the catch basins. The Police Department is monitoring the situation and there is an improved site plan for the property and access provided for the raw materials to enter. They have been operating on this site for many years with the agreement that they wouldn’t do any stockpiling but they began to move materials around causing sand and gravel to go into the road. They agreed to put a fence in to prevent materials going into the road and instead go into the catch basins. Mr. Wrinn requested documents to show where the property line.

Mr. Mann asked the type of fence. Mr. Callahan said it is a silt fence constructed to hold back sand and gravel.

Mr. Mann said the supposed fence looks awful and it is not sufficient and a wall should be constructed.

Mr. Wien said he agreed with Mr. Mann and he suggested they should put up a fence to actually prevent not try to prevent. He asked if there was any encroachment.

Mr. Callahan indicated the encroachment via a sketch, he explained it is easier to come out to the railroad right-of-way and said the question is whether or not this is acceptable.

Mr. Wien asked if the Rails and Trials Program has been researched. Mr. Callahan said there are pollutants

present.

Ms. Rivas stated this matter would go to Corporation Council to determine ownership and any legal remedies that should be taken.

Mr. Griffith said the situation should not have been taken this far as Hatch & Bailey have been present on the property for twelve years not fifty years and an oral agreement between the railroad is not transferable as the property belongs to CSX railroad.

Ms. Rivas interjected to clarify to Mr. Griffith that this meeting was not a public hearing and the proper steps needed to be taken.

Mr. Griffith disregarded Ms. Rivas statement and went on to say he felt the Committee wasn’t giving the proper respect to this matter.

Again, Ms. Rivas asked him to stick to the agenda.

Mr. Mann stated the concerns of the citizens are taken seriously and the proper steps and process needs to be implemented to address the problem. He reiterated the fence is not acceptable and the process needs to be begin immediately to obtain guidance from Corporation Council in terms of determining if they should be on the property officially and also to determine steps to remove this business from the land if necessary or put up a proper fence. He said he was in favor of obtaining clarification from a legal perspective.

Ms. Rivas agreed with Mr. Mann and said she would follow-up with Zoning and Corporation Council.

Mr. Callahan said the purpose of going through Corporation Council is to find out where the property lines are.

Mr. Krummel asked if CSX is the spur between City property and railroad property and if they are trying to determine where CSX property lies. Mr. Callahan said yes.

Mr. Wien commented this issued has apparently gone on a long time and determining where the boundary lies should not be a time consuming process.

Mr. Griffith asked if the Committee would have information at the next meeting regarding the property lines. Ms. Rivas said the matter would put in the hands of the correct party(s) to determine this.

Mr. Callahan said the Health Department involvement is with the properties that surround Nat’s Garage and there is an order for garbage compliances in the yard. He said the Attorney for this matter is handling the situation and working with the Inspector with expectations of cleaning up the site. He noted the Zoning matter has been resolved.

Attorney Major said the issues were bought to this attention that were addressed such as putting in blacktop and a dumpster and they also complied with the other issues presented so therefore he the board to consider that they are in full compliance.

Mr. Mann said that at the last meeting the lists of complaints have begun getting done and it appeared the respondent was being responsive in making an effort and he stated he was not aware of any more violations and recommended removing this matter from any future agenda’s unless another problem should arise. He noted painting, paving done and a dumpster was put in.

Mr. Wien agreed with Mr. Mann and said they have complied and should be removed from future agendas.

Attorney Major said his impression of the situation was that the site has been non-conforming since 1957 and once this was known they were under scrutiny from other agencies that opened the door for the required recommended improvements that have been done and complied with.

Mr. Mann referred to the previous meeting minutes to indicate that the issue has progressed to the point of the problems being taken care of.

Ms. Rivas said if the neighbors still have issues they should not come through this Committee but through the Public Safety Committee instead.

Mr. Krummel stated he was uneasy about the direction this Committee was taking and he questioned the next move regarding this matter. He said he would want to hear from the people that bought the complaint before the Committee ended the matter according the agenda.

Ms. Rivas said the people with issues would be contacted and notified of the Committee’s outcome of this matter.

Again, Mr. Krummel disagreed with ending the matter without hearing from the complainants first.

Mr. Wien said Nat’s Garage was present at this meeting and he commented there would always be complaints but if the Health Department’s overseeing the issue is complete than it should be dropped from any subsequent agenda’s.

Mr. Mann said that per the Attorney the neighbors didn’t like the look of the site but they never had any specific complaint and since then Zoning took a look at the site and saw the violations to be corrected and everything was resolved and he said frankly the neighbors issue was merely that they didn’t like how the site looked and the business tried to be responsive and have done what is required as well as doing other things that weren’t requested.

Mr. Krummel asked if the neighbors that attended the previous meetings were aware of this meeting. Ms. Rivas said is published in the public notice.

Mr. Krummel said he is in agreement with referring this matter to another Committee as required.

Mr. Mann stated he didn’t feel there was anything to refer and if there are still complaints they would ultimately be directed to the proper Committee for addressing.

Attorney Major stated there were twelve people at the initial meeting, four people at the second meeting and two people at the third meeting so it is assumed these people are in agreement with the steps taken to comply as requested.

Mr. Wien suggested the neighbors be notified of the outcome.

Ms. Rivas said she would send a copy of the minutes to the person who initiated the complaint. Attorney Major replied that this person has moved but to send a copy as a courtesy.

Attorney Major asked if this matter would be on the Public and Safety Committee. Ms. Rivas replied probably not as long as there are no further issues.

Other Discussion

2. Ms. Rivas also spoke about Childhood Initiatives and Readiness Program/Daycare to say these matters would be Public Welfare Committee issues. She noted that Public Health works in conjunction with Linda Wilock of the Youth Services.
3. Ms. Hudgins asked if bio-terrorism would be part of the Public Heath & Welfare Committee or another Committee. Mr. Mann responded it would probably be addressed within this Committee. Ms. Rivas commented there might be a joint Committee to address this issue.

Orientation to the Norwalk Health Department

Mr. Callahan gave a brief orientation of the Norwalk Health Department. He said there are (169) towns and (50 Health Departments where local communities handle their own public health. He explained the three components of the department:

1. Assessment
2. Assurance
3. Policy development

He stated the Mayor is the person reported to by the Public Health Department, Board of Health, Health Directors and various other services. He said the Board of Health consists of the following persons: Pat Adams, Steven Donavan and Ken Moline; there are also two physicians Jack McNamara and Ed Tracy.

He noted the Board of Health personnel are a good group and a great resource to the community.

Mr. Callahan said the Board of Health falls under the Chapter 57 Ordinance with six members and a new member appointed by the Mayor in conjunction with the Common Council where their powers consist of:

-prevention of disease and promoting health

-sets fees for services

-environmental permits

-varied licenses

-housing

-certificates of occupancy

-hotel licenses

He further explained the Board of Health reviews fees and forwards them for recommendation to the Common Council. They meet monthly but not in July or August.

Mr. Wien asked how fees are established. Mr. Callahan said fees are established on a cost based system, for example: they figure out what the cost is to provide a service and then it is passed on to the operator of that service.

Mr. Callahan said that he is the Director of Public Health that holds a Masters Degree and appointed by general statutes by the town’s governing body. He noted an $80k grant was received from the State.

He further explained positions within the Health Department to say that Dr. Mendoza provides travel immunizations services in foreign travel and oversees a STD clinic.

He stated the vision of the Health Department is for "Excellence with Efficiency". He said a strategic plan was set and they are committed to doing what needs to be done because they recognize the taxpayer dollars are used and therefore they are looking to get maximum use out of the services.

He stated the Environmental Services Division covers tenant/landlord standards set to protect both and if something changes there is recourse through this division.

There are also services for evictions and relocation services to find new housing due to unfit conditions. He said they also respond to complaints for heating, plumbing and rodent problems.

At this point Ms. Rivas requested that Mr. Callahan continue his orientation at a future meeting due to the length of the presentation. Mr. Callahan agreed to do so.

The meeting adjourned at 7:05 p.m.

Respectfully submitted,

Diane Graham

Telesco Secretarial Services

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