The meeting was opened at 7:00 p.m. by Chairman Ronald Broman. Also present were members Edward Sheehan, Mary Ann Gray, Ted Whittaker, Allen Ward, Robert Duncanson Director of Health & Environment, Health Agent Judith Giorgio, Health Inspector Roberta Gough and Secretary Dianne Langlois. The review of minutes from November 9, 2009 was post-poned until next BoH meeting of December 14, 2009.
Action Items
Potassium Iodide: Distribution in progress.
Chatham Medical Reserve Corps; Public Health Emergency Plan.
Public Hearing to discuss and adopt revisions to: Real Estate Transfer Regulation;
Ronald Broman opened the public hearing at 7:05 p.m. Ronald Broman introduced himself and each member and staff introduced themselves to the public. Ronald Broman gave a brief statement explaining the intent of this regulation.
The Board of Health is proposing updates to this regulation that governs the inspection of Subsurface Sewage Disposal Systems at the time of transfer of property title. This regulation was originally promulgated in 1987 and most recently revised in 2003. It was a precursor to the current State Title 5 inspection requirements.
The changes proposed are more in line with current Title 5 requirements and are more restrictive in some cases. The BoH has standardized the applicability of the regulation, outlining what is defined as a transfer of title. This regulation remains more restrictive than Title 5 in that we require inspections for most transfers of titles, including between family members, except in the case of spouses or joint ownership.
This revised regulation includes standard Title 5 language, and added language outlining procedures for updating systems, including time lines for repairs. In addition the BoH has added procedures for BoH hearing requirements should a buyer wish to demolish and rebuild a property, and delay construction of a new system.
This regulation now includes allowing for the use of criminal dispositions, or fines in the form of tickets, should violations occur.
Ron Broman reviewed some of the proposed changes which were “highlighted” in the regulation.
Ron Broman opened up the hearing for public comment. No comments were made from the BoH, staff and audience. Present in audience: Gloria Freeman.
Ron Broman read into the minutes a letter from Attorney William Litchfield dated November 23, 2009 which the Health Department had received late afternoon on such date stating his concerns and suggestions for the BoH to consider. (see att. Ltr.)
Judy Giorgio stated that Town Counsel had reviewed the revised regulation with the addition of criminal disposition section and noted that he had no issues with this regulation as written.
Ted Whittaker made the motion to close hearing. Allen Ward seconded. Unanimous.
Ed Sheehan asked Robert Duncanson to comment on Attorney Litchfield’s comments stated in section 4. Robert Duncanson stated that the BoH had discussed changing inspection period from 2 years to 18 months and had agreed after much discussion that 18 months was acceptable.
In regard to the 30 day limit on a review letter to be done by Health Agent, Robert Duncanson noted that due to real estate closing delays, rescheduled or postponed it would not be unreasonable to extend to 45-60 days for issuance of review letter. The inspection would still have to be done within the specified 18 months. Judy Giorgio agreed that 60 days for issuance of review letter would be better for her.
Mary Ann Gray commented on the paragraph in Attorney Litchfield’s letter with property transfers between parents and children and among siblings and the right of the BoH to adopt regulations more stringent than the State. Mary Ann stated that with the proposed change it is a way to stop property transfers from parent to child with existing cesspool systems which would require an upgrade to Title 5 sooner.
Ron Broman reviewed the paragraph of Atty. Litchfield’s letter referring to the number of bedroom issue. Mary Ann Gray stated that section 5.2 addresses this concern. Robert Duncanson stated that the determination on number of bedrooms is not designated at the time of inspection. He further stated that it is not the BoH purview to certify the actual number of bedroom at the time of submission of report. This is noted on the Health Agents letter of compliance sent to the property owner. Assessor’s records are not consistent with BoH records with bedroom count. Judy stated that she has conducted on-sight determination with realtors if there is a question on the count. This way the realtor can advertize the correct information for sale of property.
Ed Sheehan asked if further meetings were held with local attorneys on developing a general consensus on how to deal with the bedroom issue. Robert Duncanson stated that no further meetings have been held to discuss this matter.
Ron Broman stated that comments and suggestions are to be taken under advisement. General consensus of the BoH is to continue discussion until next BoH meeting.
Ed Sheehan made the motion to continue this hearing until December 14, 2009. Ted Whittaker seconded. Unanimous.
Allen Ward asked Chairman Ron Broman for direction on Chatham’s MRC subcommittee members consisting of Mary Ann Gray and himself relating to the Chatham volunteers.
Ron Broman stated that as a committee they need to work with Judy and set-up training for volunteers in Chatham. Need to contact volunteers and certify them in areas needed at shelters. It was suggested that Jean Roma, MRC could speak to volunteers in Chatham. Ron Broman stated the importance of Chatham having their local chapter of MRC and the need to work locally with the volunteers. Mary Ann Gray noted the importance of keeping in touch with the volunteers and informing them on the process and progress being made in Chatham.
Judy Giorgio updated the BoH on H1N1 clinics in Chatham. No large doses arriving. Will continue to hold small clinics for students in town.
Robert Duncanson distributed to the BoH a memo informing them of the elimination of the Health Inspector’s position effective July 1, 2009 for FY2011 budget. BoH noted their displeasure with this decision. BoH agreed to send a letter to BoS, Town Manager on this decision made without discussing with the BoH.
Adjourned: 7:50 p.m.
Approved: December 14, 2009
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