The meeting convened at 6:55 PM. Present were Timothy P. Stone, Louis Fazen, III, Ruth C. Brefka, Public Health Director Paul C. Pisinski and Secretary Barbara M. Luther.

The minutes of the December 1, 2004 meeting were approved as written.

Vouchers totaling $1,320.08 were approved for payment from the Board of Health Budget.

Members were briefed on the agenda and any scheduled appointments.

DISCUSSION
Public Hearing 2 East Main St. Variance Request
At 7:03 PM Chairman Timothy P. Stone opened a Public Hearing to take testimony regarding a requested variance of the Title 5 Code at 2 East Main St. The petitioner is requesting a construction permit for the Complete Replacement of a commercial septic system with an estimated sewage flow of 450 gallons per day (GPD). The petitioner is requesting a variance to 310 CMR 15.405 (h) for installing a soil absorption system within 80 ft. of a tributary that discharges into a surface water supply and a septic tank within 89 ft. of a tributary that discharges into a surface water supply (100 ft. being required), and a variance to 310 CMR 15.211 for installing a soil absorption system 69 ft to a tributary wetland and 51 ft. to a subsurface drain, and for installing a septic tank 88 ft. to a tributary wetland (100 ft. being required).
Present at the Public Hearing were Mr. Peter Bemis Engineering Design Consultants, Germaine Valentine, and Lorraine Fricault, 6 Newton St.
Mr. Bemis, representing Watershed Investment Corp., provided the Board with receipts from his notice to abutters regarding the Public Hearing. Mr. Bemis explained, to the Board and the audience that the two (2) standards of review, required by the Title 5 Code when requesting a variance had been met; specifically 310 CMR 15.410 (1) (a) “manifest injustice” – denial of the variance would render the property unusable… as alternative locations for the soil absorption system are not available, and 310 CMR 15.410 (1) (b) The Local Upgrade design provides a level of environmental protection equivalent to that provided in the Title 5 Code… the design includes and impermeable barrier between the leaching area/septic tank and the tributary, thus eliminating the potential of lateral flow to the tributary. Mr. Bemis also obtained “peer review” and presented a letter of agreement with the design criteria from Janet Carter Bernardo, P.E. of ESS Group in Wellesley.
Dr. Fazen asked if the variance request would also be reviewed by the Department of Environmental Protection (D.E.P.). Mr. Bemis explained that if the Board approved the variance request he would ask for a letter affirming the approval. He would take that letter, along with his design plan and cover letter and submit the proposal to D.E.P. for their review. D.E.P. is provided 30 days in which to review the proposal. He further explained that the normal procedure is to allow the 30 day period to expire without responding to the petitioner if the design is acceptable; no response constitutes D.E.P. approval.
Dr. Stone opened the floor for questions from the audience. Ms. Germaine Valentine, 6 Newton St. advised the members that since the gas station has been gone and the property has not been in use, her property had been unaffected, however, after work was done on the septic system at 8 Newton Street there have been water in her cellar. She is concerned that with further disturbance of the land at 2 East Main Street, even more water will be directed towards her basement.
Mr. Pisinski explained that 2 East Main St. is “down gradient” of 6 Newton St., he also explained the additional protection of the impervious barrier.
Ms. Valentine expressed concern that the proposed system with its impervious barrier would slow the flow of the ground water to such an extent that more water would enter her basement. Mr. Pisinski, Members of the Board and Mr. Bemis explained to Ms. Valentine that this construction will not effect the tributary (ditch) and that none of the ground water will be directed into the ditch due to the Conservation Commission’s strict requirements regarding wetlands and tributaries.
Dr. Fazen thanked Mr. Bemis for his thorough presentation, which included the outside review. He also approved of the impervious barrier for additional protection of the environment.
Dr. Stone stated that he was prepared to approve the application and the variance and so moved. Mrs. Brefka seconded the motion and Dr. Fazen made the vote unanimous.
Mr. Pisinski advised Mr. Bemis that he will require a “pre-construction meeting” which should include the design engineer as well as the installer.

Public Forum - Cigarette and Tobacco use among young people and Possible Ban on Cigarette Vending Machines in the Town of Southborough
At 7:30 PM Mr. Bill McClune, Registered Sanitarian from the Worcester Regional Tobacco Control Collaborative (WRTCC) arrived for the public forum and was introduced to the Board Members.
Dr. Fazen explained his concerns at the effect the loss of funding and staff for programs designed to prevent young people from smoking was having in the community. He reminded all present that the funds have decreased from a previous $50 million for the state to a mere $2 million dollars completely ending the local program. He sited information from Laura Pickle stating that 13,000 new youngsters will begin smoking this year due to the cut in funding programs, which had previously accomplished a reduction in smoking before the cuts. He expressed the hope that Worcester and Mr. McClune in particular might be armed with information to encourage people to join the Board of Health in working to eliminate smoking or with information on how to apply for grants that might be available.
Mrs. Brefka explained that she had spoken with Representative Pam Resor’s Office and was told that Worcester would include Southborough in their program and to that end would receive $139,928, $35,000 of which should already have been received.
Dr. Fazen also explained that the Board intends to review and vote on a ban on cigarette vending machines in the Town of Southborough tonight.
Mr. McClune advised that he was indeed here to assist the Board through Mr. Pisinski and asked to read a letter of greetings from James G. Gardiner, Director of the Worcester Department of Public Health into the minutes. The letter was presented from Mr. Gardiner through Worcester City Manager Michael V. O’Brien and Leonard Morse, MD Commissioner of Public Health and it announced the launching of the Worcester Regional Tobacco Control Collaborative (WRTCC) to benefit the citizens and especially the youth of Southborough. The letter went on to list statistics regarding the dangers of smoking and the WRTCC’s desire to assist in prevention, care and enforcement of tobacco controls (see the attached letter).
Dr. Stone asked Mr. McClune what worked to deter young people from smoking. To which Mr. McClune replied, “education”. Unfortunately the reality is that budget cuts limit the money available for educations. However, Mr. McClune believes that enforcement will be a good deterrent. He went on to explain the process and the assistance that he and the WRTCC are prepared to offer the Town of Southborough and several surrounding towns. He explained the recruitment and training of young people for compliance checks and the “ticketing” process, advising that he would do nothing without first informing the Board of Health through Mr. Pisinski. He explained that the local Board of Health is in a position to uniquely understand what will and will not work in their community and that the plan is to take advantage of that understanding to determine how to address any situation. A discussion followed regarding “non-criminal disposition ticketing”. The Board of Health is required to get approval from the Town Meeting to use this method.
Dr. Fazen raised a question as to why the Board of Health was involved in issuing Tobacco Sales Permits. He stated that it would be his choice to never allow the sale of tobacco products in Southborough,
Mr. Pisinski explained that the Board began licensing tobacco sales 8 years ago so that the money from tobacco didn’t all go to the state.
Mr. McClune advised that the Board of Health could amend their regulations to prohibit the sale of tobacco products in the Town of Southborough. Mr. Pisinski noted that even with invitations being sent out and with advertising in the newspaper, no one attended this forum, however he believes that a larger room would be needed to hold everyone that would attend a hearing with the intent to completely ban the sale of tobacco products in Southborough. Mr. McClune would like to start enforcement as soon as possible; then again in July if more money becomes available the program might be able to expand. The state is trying to regionalize several programs including tobacco control; the WRTCC will be doing what Denise Phaneuf and her assistant used to do on a full-time basis.
Mr. McClune said that at Mr. Pisinski’s request he had spoken with the WRTCC attorney regarding the number of towns that have a ban on cigarette vending machines. Worcester has a limited ban, but being a large city it is more difficult to enforce. Dr. Stone said that he doesn’t think that the Board will receive much of an adverse reaction to a ban on cigarette vending machines, because it is annoying to the bar tender to have to police or release the locking devise.
Mr. Pisinski provided each of the Board Members with a copy of the amendment to the 1996 Tobacco Control Regulations Section III (G) Vending Machines to read: Starting February 1, 2005 vending machines used for selling or dispensing tobacco products are prohibited.
Dr. Stone moved that the Board accept the amendment as proposed in Mr. Pisinski’s handout, Mrs. Brefka seconded the motion and Dr. Fazen made the vote unanimous.
The Board and Mr. McClune continued a discussion of the new State Regulations that prohibit smoking on any “work site”, which became effective July 1, 2004. A copy of the law can be obtained via the Internet.

Budget
Public Health Nurse - Mr. Pisinski explained his proposal for using the existing funding in the “Nursing Services” budget line item to hire a part-time, “special employee” Public Health Nurse. The Council on Aging currently employs a part-time person who works 8 hours per week to provide nursing services to the elderly. The position carries no benefits. The Board of Health would use the nurse for an average of 2hour per week at $30 per hour (her currant rate) or $60 per week. The nurse would be used to do all State Department of Public Health required communicable disease follow-ups, and administer vaccinations when needed. Mr. Pisinski’s proposal leaves $300 in the “Nursing Services” budget line item so that the Public Health Nurse could coordinate a full flu clinic next fall.
Dr. Fazen suggested that it would be good to have a nurse on staff in the case of a Hepatitis A restaurant outbreak where the Board of Health would be required to provide vaccinations. He also suggested that this nurse could work with any Region 4A Emergency Preparedness Nurse in coordinating Southborough’s part in any National or Statewide emergency. Dr. Fazen further said that as this proposal is “budget neutral” and a benefit to the town he would be in favor of it.
Dr. Stone moved that the Board accept Mr. Pisinski’s proposal to hire a part-time Public Health Nurse, Dr. Fazen seconded the motion and Mrs. Brefka made it unanimous.

Grade Change for Secretary to Administrative Assistant – Mr. Pisinski explained to the Board Members that it was his recommendation to change the grade status of the Secretary to that of an Administrative Assistant. Mr. Pisinski confirmed with the Board Members that Mrs. Luther was indeed performing several tasks, which exceeded her job description. He stated that with the increase in the population and the continuing increase in state regulation that the Board of Health is required to enforce, Mrs. Luther’s willingness to take on additional responsibilities has freed him up to meet new challenges. In their packets Board Members were given a letter from the secretary, Barbara M. Luther, listing several tasks and responsibilities that she has taken on over the last 3 years, which are over and above the secretarial job description. The letter requested a recommendation letter of support for this change in position to be addressed to the Board of Selectmen through the Union.
A discussion ensued regarding the merits of Mrs. Luther’s request. However, due to the lateness of the hour and the fact that Mrs. Luther has not had an evaluation performed for several years the Board Members tabled any further discussion or vote on the issue until the next meeting after an evaluation of Mrs. Luther’s performance has been completed. All members of the Board will evaluate Mrs. Luther.

March Meeting Date – Dr. Fazen requested that the March meeting with was originally scheduled for March 2, 2005 be changed to March 9, 2005. Mr. Pisinski explained that he would be on vacation from March 9 through April 1. Therefore, he would not be able to make a March 9 meeting. Mrs. Brefka also had some conflicts and therefore a decision was delayed until the February 9 Meeting.

The following License(s) and Permit(s) signed by the Public Health Director:
SDS Permit #2004069 – 71 Mt. Vickery Rd. – Complete Replacement 5 Bedroom
SDS Permit #2004070 – 9 Winchester St. – Complete Replacement 4 Bedroom
SDS Permit #2004071 – 9A Wyndemere Dr. – Complete Replacement 4 Bedroom
SDS Permit #2004072 – 9 Wyndemere Dr. – New Construction 5 Bedroom

Hauler’s Lic. #241202 – George McGuirk/David Harris dba the CHASE/harris Corp. RENEWAL
Hauler’s Lic. #241304 – Gary H. Lynde dba Lakeside Sewerage Service, Inc. RENEWAL
Hauler’s Lic. #241206 – Juan J. Alonso dba Airport John RENEWAL
Hauler’s Lic. #241207 – Richard F. Casaceli dba Casaceli Trucking, Inc. RENEWAL
Hauler’s Lic. #241208 – Joseph F. Irvine dba J. C. Parmenter RENEWAL
Hauler’s Lic. #241209 – Richard E. Whithouse dba Able Septic Service RENEWAL
Hauler’s Lic. #241210 – Andy Curtis dba Northboro Septic Service RENEWAL
Hauler’s Lic. #250105 – John Regan dba John Regan Enterprises, Inc. RENEWAL
Hauler’s Lic. #250114 – William Rodenhiser dba Rodehhiser Excavating, Inc. RENEWAL
Hauler’s Lic. #250118 – Robert D. Scott, Jr. dba Don Scott Septic Service RENEWAL
Hauler’s Lic. #250119 – John O’Connell dba Wind River Environmental RENEWAL

Installer’s Lic. #241201 – George McGuirk dba the CHASE/harris Corp. RENEWAL
Installer’s Lic. #250102 – Dennis J. Demers dba Demers Construction, Inc. RENEWAL
Installer’s Lic. #250103 – Andrew J. Curtis dba Northboro Septic Service, Inc. RENEWAL
Installer’s Lic. #250104 – Scott Maddocks dba Northboro Septic Service, Inc. Lrg. Syst, RENEWAL
Installer’s Lic. #241203 – Patrick Mauro dba Construction Materials Service, Inc. RENEWAL
Installer’s Lic. #241205 – David Bartolini dba Bartolini Builders, Inc. RENEWAL
Installer’s Lic. #250108 – Richard F. Casaceli dba Casaceli Trucking RENEWAL
Installer’s Lic. #250109 – Gregory Bradbury dba Alisar Construction, Inc. RENEWAL
Installer’s Lic. #250110 – David DiManno dba DiManno Masonry Co., Inc. RENEWAL
Installer’s Lic. #250111 – William Rodenhiser dba Rodenhiser Excavating, Inc. RENEWAL
Installer’s Lic. #250112 – Dan Duprez dba Rodenhiser Excavating, Inc. RENEWAL
Installer’s Lic. #250113 – Eric Richard dba Rodenhiser Excavating, Inc. RENEWAL
Installer’s Lic. #250115 - Joseph F. Irvine dba J. C. Parmenter Inc. RENEWAL
Installer’s Lic. #250116 – Michael A. Torosian, Sr. dba J. C. Parmenter, Inc. Lrg. Syst. RENEWAL
Installer’s Lic. #250117 – Robert D. Scott, Jr., dba Don Scott Septic Service RENEWAL

Massage Therapist/Establishment # 241211 & 241212 Kelly Ann Hanle dba TheraCopia NEW
Massage Therapist/Establishment #241213 &241214 Stacey Sims dba The Soul Place NEW
Massage Therapist Lic. #250106 – Bagher (Bob) Jafari dba Inaara Med Spa

The meeting adjourned at 9:45PM

Respectfully submitted by: Barbara M. Luther, Secretary to the Board of Health