The meeting convened at 7:00 PM. Present were Chairman Louis Fazen, III, Member Nancy A. Sacco, Public Health Director Paul C. Pisinski and Administrative Assistant Barbara M. Luther. Mr. Bill McClune of Worcester Regional Tobacco Control Commission (WRTCC) was also present for a Tobacco Control Issue Hearing.

Review of the minutes of the12/14/05 was tabled pending review and comments by Member Ruth C. Brefka.

Voucher(s) totaling $407.04 were approved for payment from the Board of Health Budget.

Members were briefed on the agenda and any scheduled appointments.

PETITIONS/PUBLIC HEARINGS
Mr. Pisinski briefed the Board Members about the dispute Mr. Raymond Fritz has regarding a clerk at his store, located at 365 Turnpike Rd, selling cigarettes to a minor. Mr. McClune explained the procedure by which the compliance checks are conducted. He explained that there is an adult supervisor with each minor and gave the Board Members the name of the supervisor present on the night of the disputed compliance check. (Mr. Raymond Fritz arrived at 7:05 PM while Mr. McClune was explaining the procedure for compliance checks.) Mr. McClune showed a picture of the boy who was doing the check that evening and advised that he was coded as a 17 year old male, and didn’t look as though he was older. He explained that the kids are told to give their right age if asked and that the system doesn’t “stack the deck” so to speak by using someone who looks older or someone who will say that they are older. He elaborated on a 15 year old boy who had wanted to work for the program, but looked to be in his twenties; therefore the program would not hire him. The purpose of the program is to keep cigarette out of the hands of kids, and to educate vendors. The issue the program addresses is not a criminal offense it is a health issue. Mr. McClune continued to explain that the State DPH was the agency that changed the protocol with regards to going back into a store after a sale was made. The Chairman, Dr. Louis Fazen welcomed and thanked Mr. Fritz for coming to the meeting. He mentioned that the Board had sent letters in the past advising Ray’s Exxon of the successful compliance checks and congratulating them on a job well done. He reiterated Mr. McClune’s point that this is not a criminal issue it is a health issue. Mr. Fritz stated that all he had ever received was the letters, and had no warning. He said that in the past an adult would immediately come into the store and tell the clerk that he had sold to a minor; saying that doing it this way, (without someone coming back into the store) created a situation of one word against another. He explained that it has always been important to him to keep his employees straight and that he had never had a violation at the store that was now being charged. He explained that once in another location he had been charged. He further explained that this particular employee has worked for him for 7 years at this location and 2 years before at another location; saying that there has never been any problems with this employee. Dr. Fazen asked if Mr. Fritz trained his people. Mr. Fritz advised that he not only trained them, but they are required to sign a paper stating that they have been trained, and understand that they are responsible to pay any fine incurred if they sell to a minor. He said that his employees are trained to check anyone who appears to be 26 years old or younger. Mr. McClune explained that the Attorney Generals Training suggests anyone 27 or younger. Mr. McClune asked Mr. Fritz how much a pack of cigarettes sold for at his store, to which Mr. Fritz answered $5.50. (That is the amount that was paid for the cigarettes which were purchased during the compliance check.) Dr. Fazen asked what Mr. McClune thought about going back into a store after a check had produced a sale. Mr. McClune spoke about the safety issue, and said that even allowing for the fact that safety might not be an issue in Southborough, he said there is still the problem of the “Paul Revere Syndrome”. This is when one store will call another to tell them that checks are being done. The clerk, Mr. Odacilo Chaves arrived at the meeting at 7:20 PM. Dr. Fazen introduced the Board and Mr. McClune to Mr. Chaves and explained that although there had been a 2 year hiatus the Town of Southborough has been doing compliance checks since 1994. He again stated that this is not a criminal matter, but is a serious health issue. It is the leading cause of death in both men and women as it produces lung cancer. Explaining the addiction pattern in kids he and Mr. Pisinski explained that the earlier a person becomes addicted to tobacco products the harder it is to quit the addiction. The cigarette companies know this and purposely, however subtlety, work at grabbing kids to get them addicted for life. They explained that the Town has two types of regulations; one requires a permit to sell tobacco products and does not allow sales to anyone under eighteen years of age; the other bans smoking in all public buildings. Mr. McClune explained to Mr. Chaves, that any of his kids are told to give their real age if asked, so as not to try and trick a vendor. Mr. Chaves explained his frustration at refusing to sell cigarettes and watching the kid go out and get someone else to buy for them. Mr. McClune advised Mr. Chaves that if this continues to happen, he can let the Board of Health know and the WRTCC will put someone outside the store to catch the person doing this. Mr. Pisinski explained that Mrs. Fritz, who trains the employees and has often worked with Mr. Chaves, was very surprised that he has been accused because she has watched how careful he is with tobacco sales, and has never seen him slip up. Dr. Fazen and Mrs. Sacco both stated that this incident has been a good lesson, both again saying that the main purpose of these regulations is to protect kids. Mrs. Sacco reminded both Mr. Fritz and Mr. Chaves that it is not the Board’s intent to try to trick any vendors. After hearing all the testimonies the Board Members, Mr. Pisinski and Mr. McClune agreed unanimously that there would be no fine for this incident, noting that the presence of both Mr. Fritz and Mr. Chaves showed their understanding of the issue. Mr. McClune advised that there will be another compliance check again sometime in March and reminded them that if asked the person would admit to being under 18. Mr. Fritz and Mr. Chaves left at 8:00 PM.

Mr. Pisinski advised the members and Mr. McClune that Turnpike Food and Liquor Mart, Inc. had paid their fine and that their employee had been dismissed due to several issues. Stating that he is more interested in educating vendors than in having them fired, Mr. McClune said that he will gather the information through compliance checks, send the information to the Board through Mr. Pisinski and the he will acquiesce to the will of the Board Members in every situation. All the program requests is that Mr. McClune be apprised of the action that the Board takes so that he can report to the State. He reminded Mr. Pisinski of the January 19, 2006 meeting in Worcester, explaining that it is a forum for program members to be kept aware of the State’s provisions; such as, if an establishment that also sells liquor has three continuous violations of the tobacco regulation, the State allows for their liquor license to be pulled.

The discussion turned to the Massachusetts Medical Society’s program that encourages children in the schools to submit drawings for an annual calendar. Each student that submits a drawing receives as letter lauding them for their participations and the winners are given a trip to the State House and a luncheon. Mrs. Sacco will spearhead the Board encouraging the Southborough Schools to get involved with the program. She will contact Susan Webb at the Massachusetts Medical Society for more information.

REPORT ON CORE DIRECTIVES
Emergency Preparedness - Dr. Fazen presented the Board with an “Emergency Dispensing Site Go Kit” (EDS Go Kit) that he had picked up at the Region 4A Meeting which was held today. The kit was opened and found to have 11 vests, a bullhorn, and several clipboards and pens. It was decided that some of the items, such as the clipboards will be removed and the kit will be stocked in the same manner that each of the Board Members Emergency Response briefcases were stocked. The “personal protection kit” that Mr. Pisinski received at a course he took will also be added to the EDS Go Kit. Dr. Fazen advised that a new Region 4A Department of Public Health Coordinator/Liaison, Archana Joshi has been hired. Jana Ferguson is still the Director for the Department of Public Health’s Emergency Preparedness program.
The Board of Health Office has ordered copies of the “Family Disaster Plan” booklet, which is being revised to better reflect the Region 4A Program. Once the booklets are received a mass mailing, paid for by Region 4A, will be done to all households in Southborough. This booklet describes the type of things families should be doing to prepare fore an emergency of any kind. Included in the mailing will be copies of the Medical Reserve Corp. brochure in hopes that residents will become interested in volunteering there time and expertise to the program. The Medical Reserve Corp. Teams are federally funded and can be used in conjunction with the EDS program. A “notice” will be sent home with school students telling parents to be on the look-out for the mailing of the disaster planning information.
Dr. Fazen has discovered that Southborough is one of only three towns that have not signed the Non-Disclosure Agreement. Dr. Fazen spoke again with Doug Haley of Acton and has a better understanding of the document. He believes that the members and staff can safely sign the document, in which one basically agrees not to disclose GIS information that the department will have access to. The Mutual Aid Agreement information will be provided at the next meeting for review and possible signing.

NOTIFICATION OF ACTIONS BETWEEN MEETINGS & PENDING ITEMS
A. Turnpike Food and Liquor Fine–$100 fine paid and the employee who sold the cigarettes has been dismissed, due to several issues.
B. Outstanding Failed Septic Systems
84-90 Turnpike Rd. AKA 2 Woodland Rd. Mr. Pisinski advised the Members that Town Counsel has filed a complaint with Superior Court regarding Mr. Heavey’s (Trustee of the above mentioned property) failure to install a complete replacement for the Failed subsurface sewage disposal systems on his properties. Although this is a bad time of year to install the systems Mr. Heavey could be ordered to have the tanks installed and used as holding tanks to be pumped monthly, or ordered to vacate the premises.
38 Turnpike Rd. Mr. Pisinski advised the Board that Mr. Anza, owner of 39 Turnpike Rd. needs to get a demolition permit from the Building Inspection before he can begin construction on his replacement system. The Building Inspector has not given Mr. Anza a permit, because he does not live at the property, but rents it. Southborough Building Regulations require you to hire a professional to demolish anything on a property that you do not actually occupy. Mr. Pisinski explained to Mr. Johnson, Building Inspector that this regulation was hindering Mr. Anza from complying with the Court Order to replace his failing system, which is disrupting a neighboring daycare center, and asked him to please issue a demolition permit to Mr. Anza as the owner of the property as soon as possible. Mr. Anza could use this refusal of demolition permit as a defense in court for not complying with the court order.

C. Septic Systems

2005066 24 Wood Street Landon Bullens 1 23 4 New
2005067 29 Pine Hill Rd. Edward Berman 79 6 4 Complete Replacement
2003083 32 Vine St. Charles F. Scott 23 20 4 Update
2003084 34 Vine St. Charles F. Scott 23 05 4 Update
2005068 243 Parkerville Rd. Robert Weiss 21 62 4 Complete Replacement
2005069 10 LEONARD Dr. Anton Andreyev 8 67 4 Complete Replacement

Licenses

251205 Patrick A. Mauro Construction Materials Service, Inc. Installer Lrg. Syst.
251206 Joseph F. Irvine J. C. Parmenter Inc. Installer
251207 Michael A Torosian, Sr. J. C. Parmenter Inc. Installer
251208 George Mc Guirk the CHASE/harris Corp. Installer
251209 Joseph F. Irvine J. C. Parmenter Inc. Hauler
260101 George McGuirk the CHASE/harris Corp. Hauler
260102 Richard E. Whitehouse Able Septic Service Hauler
260103 James G. Schmidt James G. Schmidt, Inc. Installer
260104 Tony Maffei Maffei Excavating Installer
260105 Andy Curtis Northboro Septic Service, Inc. Hauler
260106 John Regan John Regan Enterprises, Inc. Hauler
260107 Richard F. Casaceli Casaceli Trucking, Inc. Hauler
260108 Robert D. Scott, Jr. Don Scott Septic Service Installer
260109 Robert D. Scott, Jr. Don Scott Septic Service Hauler
260110 Jeffrey P. Murray J. E. Murry Construction , Inc. Installer Lrg. Syst.
260120 Stacey J. Abato Raggs Septic Service Inc. dba E. A. Comeau Septic Hauler
260121 Gary H. Lynde Lakeside Sewerage Service, Inc. Hauler
260122 Gary H. Lynde Lakeside Sewerage Service, Inc. Installer
260123 Andy Curtis Northboro Septic Service, Inc. Installer Lrg. Syst.
260124 Scott Maddocks Northboro Septic Service, Inc. Installer

BUDGET
As part of the Budget discussion, an increase in the Public Health Nurse’s hours was discussed. Mrs. Chamberlin has been working an average of 4 to 6 hours per week and not the 2 hours per week that the position was budgeted for. A breakdown of how her time has been spent was provided for Members to review. The majority of Mrs. Chamberlin’s time is spent on mandated Communicable Disease Follow-up, approximately 42%. To date (the first 6 months of the fiscal year) 27% has been spent on the Flu Clinic, however that is a once per year event and as the year progresses will represent a smaller percentage of her time spent. Approximately 12% of her time has been spent in Public Health Nursing Conferences and meetings, which cover topics such as Tuberculosis, Avian Flu and other possible pandemics. 10% of the time has been used for Emergency Preparedness activities and 9% in preparing and attending Board of Health meetings.
It is the feeling of the Board Members that the Public Health Nurse’s position will require more than even the 4 to 6 hours Mrs. Chamberlin has been working, however the Board is committed to fiscal responsibility and increasing hours gradually as needed. In FY07 the Board is asking to increase Mrs. Chamberlin’s hours from 2 to 4 hours per week.
Board Chairman, Louis Fazen, III, MD is interested in the possibility of creating a new position which would combine the time Mrs. Chamberlin works for the Counsel on Aging, 12 hours per week, and a possible 8 hours per week for the Board of Health. The combined responsibilities would allow Mrs. Chamberlin additional time to meet the ever expanding State and Federal requirements for Emergency Preparedness. Understanding that this will have to be carefully reviewed and cannot begin in FY07, even if approved, Dr. Fazen took the name, address and telephone number of Mr. Stephen Morreale, Chairman of the Personnel Board. The possibility of expanding Mrs. Chamberlin’s hours will be reviewed as or if indications of the need to increase them continue to arise.
Mr. Pisinski notified the Board Members of a budget meeting scheduled by the Board of Selectmen for January 24, 2006 @ 7:45 PM. The Board of Health is scheduled to present the proposed FY07 budget. Mrs. Pisinski stated that he can answer many questions that might arise during the meeting, but encouraged the Board Members to attend the meeting in support of the budget they have voted on. Mr. Pisinski also advised the Board that there will be a second meeting sometime in February, although the date is not set as of yet. This meeting will be with the full Finance & Advisory Board.
Mr. Pisinski also explained a Tuberculosis Conference that he thought Mrs. Chamberlin should attend. The conference is free but would require Mrs. Chamberlin to work extra hours. The Public Health Nursing Salary Line Item was only $3,000 and is quite depleted due to the need for Mrs. Chamberlin to work an average of 4 hours per week, with only 2 hours per week being budgeted. The Board suggested the possibility of adding the equivalent of two (2) eight (8) hour days per year for meetings or training for the Public Health Nurse to the budget. However, Members did not feel that they could authorize Mrs. Chamberlin to attend this particular seminar due to fiscal restraints. It might be possible for Mrs. Chamberlin to attend on of the Tuberculosis training meetings scheduled during the fall when the new FY07 Budget will be in affect. Members agreed to attend the Budget Meeting with the Selectmen on January 24th.

NEW BUSINESS
Storm Water Phase II Committee - Mr. Pisinski gave the history of the Department of Environmental Protection with regards to discharges into a towns storm drains. All town Department of Public Works are required to have a committee whose charge is to prevent illicit discharges into drains, which in turn end up in streams, rivers, ponds and reservoirs, etc. Unless towns are proactive in their attempts they may loose State funding for highway improvements. The Storm Water Committee in Southborough has looked at all point sources; hiring the firm of Fuss & O’Neill to review all possible sources of pollution. Now the Storm Water Phase II Committee is required to implement a program of protection. A By-Law called “The Illicit Discharge By-Law”, will be on the Annual Town Meeting Warrant is a result of this committee’s investigations. The Board of Health will be required to enforce this By-Law if it is passed at the Town Meeting. Mr. Pisinski recommends that it be passed. He is already doing something like this under the State’s Nuisance Law, and the Title 5 Code and can site someone if they are found with an illicit discharge. Therefore, he doesn’t believe that this By-Law will result in a lot of extra work. Mr. Pisinski was asked to bring this before the Board of Health in hopes that they would feel comfortable with the By-Law. There has been one Public Hearing already, another will be held by the Planning Board regarding low impact development and erosion control on February 2, 2006 at 7:30 PM. Dr. Fazen moved to support the By-Law in light of Mr. Pisinski’s understanding of it. Mrs. Sacco seconded the motion making it unanimous among members in attendance at this meeting. The Board will watch as the details of the program play out to determine if it is requiring extra work for the Board of Health.

Public Health Director’s Contract - Mr. Pisinski explained that the approved draft of his contract had been sent to Merrick & O’Connell for review. Merrick & O’Connell made several suggested changes to the “boiler plate” format that the Board approved and submitted. The Board reviewed what changes were incorporated into the contract and which were not. He advised that he is hoping that the Board would wrap up the process before March as Mr. Pisinski is away much of the month of March and final budgets must be ready for the April Town Meeting. He returns just before the April Town Meeting.
Dr. Fazen moved that the Board of Health accept and approve the Public Health Director’s Contract pending comments by Member Ruth Brefka and pass it back to Merrick and O’Connell for signing. The Contract will come before the Board at the February 8, 2006 meeting for final signatures by the Board Members and Mr. Pisinski.

Annual Report - The Board Members present reviewed the Annual Report of the Board of Health and approved it with two changes.

Executive Session – 9:15 PM Under M.G.L. Chapter 39, S23B 9 Chairman, Dr. Fazen moved to close the regularly scheduled meeting and entered into Executive Session under the above mentioned Chapter and Section. Mrs. Sacco, the only other member present voted, yea. The Board ended the Executive Session and resumed the regular meeting at 9:40 PM.

Future Development Areas: Dr. Fazen suggested that the Board expand its area of attention to Public Safety issues that also affect the Public Health such as Seat Belts and Drunk Driving. Massachusetts has a very low rate of warnings for seat belts and the State is considering a Bill to address this issue. Dr. Fazen believes that this might be an area that the Board of Health should look into as well.

The meeting adjourned at 9:55 PM

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