STAFF: Tim Callahan, Director, Health Department

CALL TO ORDER

The meeting was called to order at 7:35 pm.

** MOTION PASSED UNANIMOUSLY.

HEALTH DEPARTMENT FEES

Mr. Callahan gave an overhead presentation on fees and permits for the following establishments:

• Food establishments, Lot testing, Septic systems, Construction, Wells, Public pools, File searches, Rooming houses, Tenant registration and Salons.

He read excerpts from the State’s statutes that governs fees and permits and stated that the process the State use was that the board of health review the proposed fees, schedule a public hearing and vote at their regular meeting. Mr. Callahan gave a brief background on the types of licenses. He stated that food establishments were broken into four different classes – classes I through IV. He noted that class IV was a full service restaurant and has the most opportunity for food to get spoiled and the most potential for someone getting sick. He also stated that class III was like a deli, and class II was similar to a convenience store such as Cumberland Farms and class I was strictly prepackaged food where no preparation was done.

Mr. Callahan also discussed license fees. He stated that if someone was going to build or extensively renovate a food facility, they would have to bring in a plan and that plan would be reviewed by one of the health inspectors. Mr. Callahan also stated that they were also proposing a reinspection fee for facilities that fail inspection. He noted that each facility had to be inspected a number of times during the year. He stated that the State requires that class IV establishments be inspected a minimum of four times during the year. Class III establishments three times per year; class II establishment two times per year and class I establishments once a year. Mr. Callahan also stated that these establishments have to maintain a passing score of 80 out of 100 possible points and cannot have four-point demerits. He cited the following example: If an establishment has a score of 96 and a four-point demerit, that establishment would have to be reinspected.

Mr. Callahan also discussed fees for septic systems and lot testing. He stated that if someone wanted to build a septic system, the lot would have to be tested by the health inspector. He noted that when someone decides to build a house with a new septic system, there was currently a fee associated with this and if a septic system failed, the contractor is required to obtain a permit to fix it and the contractor’s proposal for fixing the system would also have to be reviewed by the health inspector.

Mr. Callahan also stated that Wells have to be inspected by the health department as well as public pools.

Mr. Callahan also discussed housing codes in which he stated that a Certificate of Owner Occupancy insures the public that the minimum housing code from Norwalk Housing has been met. He stated that anyone renting three or more units is required to register with the Health Department. Mr. Callahan also noted that at the last legislative session, there was a proposal that would allow local health departments to inspect and license salons, but this proposed legislation failed. He commented that he was sure it would come back again.

Ms. Rivas asked if they inspect hair and nail salons. Mr. Callahan replied yes and pointed out that this would be under Salons. Mr. Krummel asked if they also approve testing of water from a well. Mr. Callahan replied that the State handled this. Mr. Krummel also asked if water from public pools required a test by the local health department. Mr. Callahan replied yes.

Mr. Callahan also discussed proposed inspection fees and gave a brief background of last year’s fees and what they expect this year. He stated the department wanted to set fees for facilities based on their size. He cited the following example: For a class IV establishment, the department would use an hourly rate based on the average cost for the inspector with benefits and overhead to come up with an hourly rate; multiply it by the time it takes to do an inspection. Mr. Callahan outlined proposed inspection fees for food establishments, lot testing, septic systems, construction, wells, public pools, file searches, rooming houses, tenant registration and salons.

Mr. Callahan also discussed reinspection fees, which he stated was based on how much time the inspector spends doing reinspection. Mr. Krummel asked if the reinspection was focused on the points that failed. Mr. Callahan replied that when they make a reinspection they have to look at other things that are going on in the facility. Mr. Krummel commented that if they were doing a complete reinspection it should cost about as much as the original cost for the inspection. Mr. Callahan replied that they do not spend as much time as the original inspection.

Mr. Wien asked if vendors were required to carry insurance if something happened to the public. Mr. Mann stated that if vendors were using City property they should have insurance.

Mr. Krummel asked why the price for public pool inspection for a full year was $370. Mr. Callahan replied that was due to the fact that the inspection required a lot of time. Mr. Krummel asked how many inspections of public pools were done per year. Mr. Callahan replied two sometime more, but they do not charge for reinspection.

Mr. Callahan stated that file searches were based on 15-minute increments, currently it’s $27 for 15 minutes and they were proposing $30.

Mr. Krummel asked what was done at a salon inspection. Mr. Callahan replied that the inspectors use an inspection form and also check to see if the utensils used in the salons were being kept in sanitary condition. Ms. Rivas asked if this included spas. Mr. Callahan replied no. Mr. Mann stated that he has read articles, which states that as a result from usage of dirty utensils the public was getting funguses. Mr. Callahan stated that although proposed legislation that would allow local health departments to inspect salons failed, there was nothing to preclude them from having a local ordinance that would require this and they were proposing such an ordinance that would allow the City’s health department to inspect these salons. He also stated that these proposed fees were based on this ordinance passing at the Council.

Mr. Callahan also reviewed fees imposed by other towns. These towns included Westport, New Canaan, Milford, Darien and Danbury.

** MOTION PASSED UNANIMOUSLY.

HEALTH DEPARTMENT REPORT

Mr. Callahan stated that they have received a proposal from the State to promote exercise and Rhonda Collins was helping to coordinate this. He stated that advertising would be placed in bus shelters to encourage people to walk. Mr. Krummel stated that in the area where he lives in West Norwalk, it was difficult to take a continuous walk of any real distance without crossing a major thoroughfare and if that was a concern they would also address. Mr. Callahan replied yes. Mr. Krummel also asked if there were plans for extending sidewalks. Mr. Callahan replied no. Mr. Mann asked if the walk areas would be defined for the public. Mr. Callahan replied yes. Mr. Wien commented that Westport have signs that give pedestrians the right of way and stated that they should consider doing this and also educate the public on walking behavior. Mr. Krummel stated that he was in favor of expanding the sidewalks and footpaths in the City and asked if this could be used as an initiative to help push DPW into doing more. Ms. Rivas stated that Bill Wrenn would not go for this and stated that they should wait for Rhonda Collins’ findings.

APPROVAL OF MINUTES

The following changes were made to the Minutes of September 17, 2002:

Page 1 – Attendance- replace Peter Callahan with Tim Callahan.

Health Department Strategic Plan – replace 2202 with 2002.

** MOTION PASSED UNANIMOUSLY.

OLD BUSINESS

Ms. Rivas indicated that she received a letter from Hatch & Bailey’s attorney, which stated in part that Hatch & Bailey has installed the block retaining wall and the 6ft chain fence with insert. The letter also stated that the sprinkler system has been operational for sometime and that planting would be the responsibility of the City. Ms. Rivas stated that the letter also included samples of different types of trees that were forwarded to Bill Grumman for consideration. Ms. Rivas also stated that the letter pointed out that Hatch & Bailey has more than met any reasonable expectations and has no plan for any further work. Ms. Rivas continued reading from this letter indicating that the attorney mentioned other industrial sources that may also be the cause of the complaints. The letter specifically cited "a dump truck on a nearby lot that banged its tailgate for half an hour". Ms. Rivas stated that Ms. Polk was advised that this item would be discussed under Old Business and indicated that Ms. Polk wanted to take each item point by point. Ms. Polk was not at this meeting. Mr. Dumas concurred that Ms. Polk did want to go point by point on the wish list. Ms. Rivas asked Ms. Hudgins if she had the list, Ms. Hudgins replied that she did not get a chance to review it. Mr. Krummel asked if anyone on the committee has inspected the site to see what was going on since September. Mr. Mann replied that he has seen the items mentioned in the letter. Ms. Rivas asked Mr. Callahan if the sprinkler they currently have was doing the job of settling the dust. Mr. Callahan replied that Hatch & Bailey did replace the piece of the sprinkler that was not effective. Ms. Rivas also stated that at the last meeting, the residents had expressed concern about a possible conflict of interest among the Council members. Ms. Rivas stated that she asked who it was, but the residents did not want to say at the time. This was followed by extensive discussion among the members regarding this issue. Ms. Rivas distributed a letter from the community that mentioned the conflict of interest. Mr. Wien commented that he did not like the way the letter was worded. Mr. Mann commented that he thought he heard someone, at a prior meeting, mentioned that he was the conflict of interest. Mr. Wien inserted that the residents were vague about this and he wanted to know who on the Council had a conflict of interest. Ms. Rivas continued quoting from the letter and stated that she thought it might have been Betsy Bain. Ms. Rivas commented that Ms. Bain had always made it clear from the beginning that she had a close family member on the board of Hatch & Bailey. Ms. Rivas stated that a conflict of interest from her understanding from the Council’s Code of Ethics was when a member of the Council was voting on an item that directly affected them personally where they would gain from it financially or a family member would gain from it financially - be it a contract or a job or any of kind of benefit and it also has to do with their vote. Ms. Rivas continued, stating that this Council has been very careful on any type of vote that might even be perceived to be a conflict and pointed out that the person has to recuse himself or herself. Mr. Mann stated that it was up to the individual to some degree to determine if he or she thought they had a conflict. Mr. Mann commented that knowing someone did not mean that you have a conflict of interest. Mr. Wien inserted that this was his point, and stated that he did point out to the residents that he wanted to know who it was on the Council that had a conflict so the members could discuss it. Mr. Wien also commented that he felt he was being set up as a Council member for possibly making a decision and then have it come back to all of the Council members. Mr. Krummel inserted that if someone said there was a conflict of interest that person should be able to point out the subject of the conflict. Mr. Krummel also stated that the individual does not have to be pointed out because that could be embarrassing, but the subject of the conflict should be known. Mr. Dumas was acknowledged by the members and stated that he wanted to clear up the conflict of interest. Mr. Dumas stated that he was not afraid to say anything and the conflict of interest was Mr. Mann. He stated that the reason was because they were led to believe by Mr. Mann that Mr. Mann was working in the interest of the community and he has failed to help solve the problems with Hatch & Bailey. Mr. Dumas also stated that Mr. Mann never return phone calls, and that Mr. Mann verbally attack members of the community by saying things "out of the way". Mr. Mann asked Mr. Dumas if he considered that to be a conflict of interest? Mr. Dumas replied that this was a conflict to the people whom these things were said to. Mr. Mann stated that this was Mr. Dumas’ opinion and not returning phone calls or not responding to something the way someone wanted him to do not make it a conflict of interest. Mr. Mann stated that he has the right to think what he wanted to think and say what he wanted to say. Mr. Wien inserted that accusing Mr. Mann of having a conflict of interest because of these things did not fit the rules and laws of what a conflict of interest is. Ms. Hudgins commented that this was a matter of understanding what conflict of interest meant and other kinds of behavior.

Mr. Dumas also commented on the letter from Hatch & Bailey. He stated that the group was under the impression that the fence would not be put up until the group met with Hatch & Bailey. Mr. Dumas also stated that this type of fencing was not what the group had asked for. Ms. Rivas replied that the subject of the fence had been brought up some time ago and Hatch & Bailey had always said they would put up a fence and the committee was trying to get them to put up a bigger fence. Mr. Wien stated that the group’s request was met with the fence being put on top of the block. Mr. Dumas inserted that they were getting runoff from the way the fence was put up on the block. Mr. Dumas also stated that the pile of dirt that was pushed aside in order to make way for the fence was causing the drainage to block. Mr. Dumas presented pictures of the runoffs. Mr. Wien stated that planting would absorb the dirt. Mr. Rivas inserted that the Council had approved the planting, but the Mayor suggested that they do not vote on it until the residents signed off on it. Mr. Dumas stated that the fence that Hatch & Bailey built would not stop the noise level that Chief Riling discussed at a prior meeting. Mr. Wien replied that there were several stages to go through; first the fence then the planting. Mr. Dumas inserted that they were sands piled up in the gutters. Ms. Rivas commented that this was something Bill Grumman should know. Mr. Krummel inserted that according to his minutes from the June 18^th meeting, Hatch & Bailey agreed to place mafia blocks on top of the burr. He also stated on June 24^th, John Milesi had said that the wall would serve as an echo chamber and Hatch & Bailey did not want to do anything that would enhance the sound and Hatch & Bailey would have standard chain length with plastic screens. Mr. Mann stated that this was discussed with Hatch & Bailey’s attorney after the meeting and the group was made aware of this. Mr. Dumas stated a wood barrier would eliminate the echo. Mr. Dumas also stated that Hatch & Bailey makes soundproof walls and it would not cost them anything. Mr. Dumas also stated that they needed to look at the environmental issues with respect to the runoffs in the drainage. Mr. Dumas stated that this was a violation of the Clean Water Act and the community does have a charge. Mr. Krummel commented that he was under the understanding that the noise was from the traffic. Mr. Dumas stated that Hatch & Bailey has trucks on the property very early in the morning banging their tailgates.

Ms. Rivas inserted that Ms. Polk has indicated that the group has aerial photographs to prove there has been an expansion of use at the Hatch & Bailey plant and the residents were planning to take this to Planning & Zoning.

Mr. Krummel stated that he was concerned a meeting with Hatch & Bailey was not held with the community about the fencing plan and the mafia blocks. Mr. Rivas replied that Hatch & Bailey did not want to meet wit the residents.

Mr. Wien asked if it was possible to get a detailed wish list from the community with exactly what they want so the members could look at it and try to get to as close to the community’s wishes as can be with the understanding that they all have to work in the spirit of cooperation and compromise.

NEW BUSINESS

There was no New Business to discuss.

ADJOURNMENT

** MR. MANN MOVED TO ADJOURN THE MEETING.

** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 9:15 pm.

Respectfully submitted,

Gerda Adonis

Telesco Secretarial Services

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