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Health board loses nuisance case

By , News Staff Reporter
Thursday, August 28, 2008

MOUNT VERNON — At the Knox County Board of Health meeting Wednesday evening, Health Commissioner Dennis Murray announced the board lost its solid waste nuisance case against Roy Smith of Gilchrist Road in Monroe Township.

The case involved a significant number of vehicles on the property.

“The vehicles ... met the definition of collectors vehicles,” said Murray, which was the reason Judge Otho Eyster ruled in favor of Smith. “This is the first [case] we’ve lost.”

He recommended reviewing current regulations, and said that in the future, a township should be the first entity to respond to waste nuisances involving junk cars.

Brian Benick, director of environmental health, noted that there was a relatively new law that gave townships the authority to address the issue of junk cars directly.

“There’s legislation that was enacted in March this year that gives townships specific authority to go after junk cars,” said Benick, “and it trumps this collector vehicle nonsense.”

Benick and Murray agreed the ruling from Eyster was not consistent with previous rulings.

During discussion, board member Dr. L. Keith Plocki asked whether the board should only pursue the issue of solid waste nuisances if there is a clear hazard to public health. However, Benick said he is charged with not only investigations that might be hazardous to public health, but also improper disposal of waste. Board member Scott Harmon said it would be in the board’s interest to understand the regulations involving solid waste nuisances.

Also during the meeting, the board:

•Unanimously approved increases in certain fees for services provided by the department, such as home health aid service and flu immunizations.

•Unanimously accepted the resignations of Deborah Hammons and Dina Herald, and accepted the termination of Jodi Dale, clinical specialist in the dental clinic.

•Unanimoulsy approved the hiring of Julie Mickley as a part-time service coordinator for the Help Me Grow program.

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