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11 <br /> Mr. Doherty stated that Mr. Santos has a valid concern. Are we just masking a <br /> problem?You could go further and require that they install a float switch and if it <br /> activates you will know there is a problem. But, that is going a bit over the edge. <br /> Mr. Harrington also agreed with Mr. Santos'point by stating that he has a valid <br /> argument. It puts off the problem further if you don't have immediate notice that <br /> the primary system may not be functioning correctly. It is an absolute possibility. <br /> Mr. Doherty stated that is was, however, not likely to happen. But, for example, <br /> hurricane season arrives and the ground is absolutely soaked. Obviously, that is <br /> going to effect how the primary system performs. Maybe it shouldn't be allowed in <br /> the flood zone or close to the tidal waters. It may need further investigation and <br /> consideration before implementation. Would it be prudent on the island were the <br /> installers are barely obtaining vertical separations. <br /> Ms. Warden interjected that the BOH members needed to remember that when the <br /> health agents are looking at the soils. What they are looking at will determine if <br /> there is mottling in the soils, which is indicative of high ground water. The health <br /> agents are going to have certain stipulations. <br /> After further discussion the BOH members decided to consider drawing up a policy <br /> regarding the use of"overflow pits"as an option in certain locations. <br /> d. Warnings <br /> Mr. Harrington suggested that BOH members consider issuing warnings, especially <br /> for trash complaints, during the initial investigation. You would have some <br /> documentation of your visit and the results. It would be posted at the location or <br /> given to the occupant or homeowner. You provide them with a 24-hour time frame <br /> and provide them with a copy of the regulation. The first order is to educate the <br /> people. If you are not educating the violator,you are not participating in due <br /> process. There is a question as to whether or not the fine would hold up in court if <br /> the BOH did not make an attempt to educate the violator first. <br /> Mr. Doherty responded by stating that speaking from his experience within law <br /> enforcement it would. He stated that a violation is a violation. He doesn't have to <br /> issue a warning every time he stops someone. His discretion is used to issue a . <br /> verbal,written or a citation. The last requires action. He believes that Mr. <br /> Harrington's recommendation is a wise and prudent policy. He doesn't believe it is <br /> a legally necessary policy. If the BOH adopts this policy you are doing it strictly as <br /> a courtesy. He has no objection to it. <br /> Mr. Harrington then stated that if the BOH issued a ticket every time.They would <br /> find themselves more tied up M'court. You might avert a lot of that by giving people <br /> warnings and having things taken care of prior to issuing a ticket. <br /> Mr. Doherty wanted to clarify that by stating that they do issue tickets. They <br /> rescind a lot of them. They could probably avoid that particular step. However, <br /> when someone has a$300.00 fine in their hands they usually do something about <br /> it very quickly. Will his suggestion get the same kind of compliance? Probably, with <br />