The meeting convened at 2:00 PM. Present were Chairman Louis Fazen, III, Members Ruth C. Brefka, and Nancy A. Sacco, Public Health Director Paul C. Pisinski and Administrative Assistant Barbara M. Luther.

The minutes of the November 15th and December 6, 2006 meetings were approved with a few clarifications and corrections. In reviewing the November meeting minutes, Mrs. Sacco asked about two of the Body Art facilities in town; “The Tattoo Gallery” and “A Beautiful You”. Mr. Pisinski explained that The Tattoo Gallery has not called for an inspection yet because the owner has not finished the renovations he is doing before he wants to open his shop. There has been no response from “A Beautiful You” formerly known as Nara Med Spa. The Board instructed the Administrative Assistant to send a certified letter to the owner of the establishment, again explaining his violations and instructing him to submit a request for his license to operate. Members voted unanimously to accept the minutes as amended.
While reviewing the minutes from November, Dr. Fazen asked if Rodenhiser Excavating had paid there septage fees and the late charges for November and December. Mrs. Luther advised that they are now current in the bills. She has been promised that they will remain current and understand the seriousness of continuing to be delinquent with future payments.
The Board decided to schedule the March meeting during the beginning of this meeting because Officer David Hagen, Southborough Police Department is requesting time before the Board Members to speak about the Police Department’s 5 year plan, draft Issue “Working Group Concept of Operations”, as well as maintaining the general health of the department as a whole. There is no time available on this agenda and Officer Hagen will not be available for the February meeting..
Vouchers totaling $342.02 were approved for payment from the Board of Health Budget.

Members were briefed on the agenda and any scheduled appointments.
Mr. Pisinski briefly explained the agenda pointing out that it is extensive. He advised that it is his hope that he and Dr. Fazen would be able to expedite some of the issues because of their review of the Agenda before the meeting. There are two property owners appearing before the Board today, one variance request and on local upgrade waiver. The local upgrade waiver is a request to vary the setback to a property line. This type of upgrade waiver has been seen by the Board before. The lots in this neighborhood all have very small lots, and because of the size of the lots almost all of them require that the soil absorption system is less than the 10 ft. required in the current Title 5 Code. The variance request on Boston Rd. is a request to vary the setback distance of the soil absorption system (S.A.S.) to a tributary to a so-called Class A Surface Water Supply. Mr. Pisinski also advised the Board Members that the Worcester Tobacco Control Consortium conducted a compliance check in Southborough on December 16, 2006 and unfortunately 50% of the tobacco vendors failed the check and sold to minors. Dr. Fazen suggested that letters be sent to each offender charging them with the $100 fine, as required in Southborough’s Tobacco Regulations for a first offense and to offer them a hearing before the full Board if they feel aggrieved by the fine.
Mr. Pisinski explained that the Annual Report is past due; therefore a draft will be written by the staff and will be e-mailed and/or mailed to the Board Members for their review and responses before it is submitted to the Board of Selectmen’s Office on Monday, January 22, 2007.
Mr. Pisinski also advised the Board Members that the Board of Selectmen would like to meet with Dr. Fazen to discuss the money articles that have been placed on the Annual Town Meeting Warrant. The Board of Selectmen have asked for a January 23, 2007 meeting, but Dr. Fazen will not be available on that date so Mr. Pisinski was asked to schedule a meeting on January 30, 2007.
Mr. Pisinski told the Board Members that the law suite that Chase Precast had brought against the Town of Southborough has been dropped. However, he has been contacted by attorneys involved in the ongoing issues between Capital Group, J. E. Murray, and Chase Precast and asked to testify as an expert witness in the near future.
Mr. Pisinski brought the Board Members up to date regarding the housing complaint at 60 Central St. There has been a person living in the back house which is really un-inhabitable. He believes, however, that the new owner will be evicting the tenant, who is not under a lease and because she is purchasing the property for a “beauty salon”, will eventually tear the down the back cottage.

PETITIONS/PUBLIC HEARINGS
2:35 PM – 5 Prentiss St. Mark Farrell of Green Hill Engineering arrived and provided proof of notification to abutters. Cynthia Moore, owner of 5 Prentiss St. was also in attendance. The property owner and her engineer are requesting that the Board approved 2 local upgrade waivers of the Title 5 Code, first is the setback of the S.A.S. to the property line; 10ft. is required and 5 ft. provided. The second waiver requested is in the setback of the S.A.S to the foundation; 20 ft. required and 10 ft. provided.
Dr. Fazen asked is there was any special treatment being provided to assure that this system would not breakout onto the neighbor’s yard. He advised that in past systems he had seen impermeable barriers and the like. Mr. Farrell advised that outwash soil in this area is such that no extra treatment or walls are necessary. The soil is very permeable and therefore the effluent goes straight down into the ground. He advised that he had designed a system just like this for another home in this neighborhood several years ago and it is working very well. Mr. Farrell also explained that the system is located where it is, to keep the required distance from the wetlands. Dr. Fazen asked Mr. Pisinski his opinion and Mr. Pisinski recommended approval. Mrs. Sacco moved to approve the design plan for 5 Prentiss St., Mrs. Brefka seconded the motion and Dr. Fazen made it unanimous.

3:00 PM - 244 Boston Rd. Mr. Matt Jackson and Robert G. Murphy arrived and provided proof of notification to abutters. Mr. Pisinski briefly explained the situation giving an overview of the issue. The stream that runs through the property is a tributary to a Class A. Surface Water Supply, Reservoir #1 also known as Foss Reservoir in Framingham. He showed the Board the 200 ft boundary to the tributary on the plan and explained that in order for the Board to grant a variance, they must be satisfied that two conditions have been met; 1) the design can provide the same amount of treatment or protection for the environment, and 2) that without the variance being granted the lot is unbuildable, in other words, denial of the variance would constitute a “manifest injustice” to the property owner. Dr. Fazen responded, “some lots are not buildable.” Mr. Murphy agreed that this is sometimes true, but advised that they have met the criteria of providing equal treatment for the effluent traveling through the system and the environment before it meets the tributary. Mr. Jackson explained that the property has been in his family for years and that the only reason it has not been built upon is because his family chose not to build on it. He pointed out that in years past, before the new Title 5 Code there would have been nothing to prohibit them from building on the property.
Mr. Murphy explained the carbon soil that is in the wetlands, and how it could treat any breakout long before it reached the tributary. He advised that although breakout is unlikely, if it did happen, this system is 100 ft. away from the wetland, before any effluent would hit the carbon rich soil. This gives natural treatment to any effluent that might reach the wetlands, before it ever reaches the tributary. Mr. Murphy showed the Board Members the geomorphological score sheet, which was designed and used by the former Southborough Board of Health. This system scored very high due to the wetlands and the topography of the land being flat, thus allowing the rich carbon soil to stay in the wetlands and naturally give additional treatment. Mr. Murphy said that if there were not wetlands in the area of the stream they couldn’t claim the usefulness of the carbon soil. But, because of the 80 ft. of this soil in the wetlands; nitrates cannot pass through. Even 20-25 feet of this carbon rich soil and vegetation is sufficient to take up any nitrates possibly produced by the proposed system, therefore 80 ft. is more than enough.
Dr. Fazen asked Mr. Pisinski where the Conservation Commission stood on the system. Mr. Pisinski advised that they certify where the bordering wetlands lie on the property and have accepted Mr. Murphy’s flags. However, the Conservation Commission is more concerned with what is going on in the catch basin on the other side of this property. Mr. Pisinski explained a past examination of this area by MDC/DEP due to their concern over leaking septic systems. The study found that storm water drainage, and pollution from sewered towns was more responsible for pollution than any septic system. Towns without sewers are more careful about their environmental protections.
There was discussion about the trash and polluting influences on this property that was happening after the stream left Mr. Jackson’s property, and that possibly being a serious concern to the reservoir; far more dangerous than anything that this septic system even had a potential of causing. Mrs. Sacco asked if it would be possible to test the water before the house is built; a way to prove that the pollution was there before the Board approved this system. Mr. Murphy explained that right now there are hydro carbons and oil in the stream, which are far worse than nitrates. Mr. Murphy went on to explain that this system is a Presby System and includes a 40 millimeter impervious barrier to add even more protection. Nitrates are what would be the concern if this system failed.
Dr. Fazen asked Mr. Pisinski if he could say unequivocally say that this is a fail safe system. Mr. Pisinski said, yes, unequivocally.
Mr. Murphy advised that, Conservation Commission Administrator, Beth Rosenblum, has contacted Framingham’s Conservation Commission and will soon be doing a walk through of the area with them to determine the extent of the pollution. Dr. Fazen asked that Mr. Pisinski send a letter to the Framingham and Southborough Conservation Commissions advising that it has been brought to the Board’s attention that there is a major non-point source pollution issue in the brook that flows into Reservoir #1 in Framingham, and that the Board felt obligated to inform both Conservation Commissions about the issue. The letter will be sent under the Chairman’s signature.
Dr. Fazen recapped; Mr. Pisinski is confident that the standards of review have been met, equal treatment and manifest injustice, but the Board Members need to be confident. Usually we receive proof from Massachusetts Department of Environment and Recreation that they have been notified and have had a chance to comment on the design. Mr. Jackson was asked to provide the office with a copy of that notification.
Mrs. Sacco moved that the Board approve the requested variance and Mrs. Brefka seconded the motion. Dr. Fazen said that he was a bit concerned about voting without an outside consultation so he will abstain from voting on the variance. The variance was approved and the permit and design plan signed by the two Board Members, Mrs. Sacco and Mrs. Brefka, a majority.

4:00 PM Ms. Liisa Jackson, Region 4A MRC Coordinator was asked to address that Board regarding the development of the Medical Reserve Corps (MRC) Executive Committee. It was established that Southborough has approximately 18 volunteers at the moment, fifteen of whom attended that last meeting. On February 27th the Board would like to start structuring an Executive Committee. Dr. Fazen asked Ms. Jackson what size she felt the Executive Committee should be. Ms. Jackson felt that a good size would be 7 to 9 people, but starting with 5 would be a workable number. Once the Executive Committee is up and working, MRC’s have a tendency to really “take off”. She explained that, as the Region 4A MRC Coordinator, she will provide the Executive Committee with guidelines; the Board of Health appoints the Executive Committee, and gives them the charge of developing an MRC with a specific direction that meets the needs of this town during an emergency. Ms. Jackson said that it is also good to have a member of the Board of Health be at minimum a liaison to the MRC Executive Committee, because they will determine how to use the grant money available from Region 4A and input from the Board is always a good idea. Dr. Fazen asked what the relationship between the Board and the MRC should be and Ms. Jackson said that it varies from town to town. She meets with the Executive Committee and/or the MRC two to three times and then she will cut the strings, she believes that the Board should also cut their apron strings. The Executive Committee should meet with the Local Emergency Planning Committee and other local groups and department to see what is already available, share what the MRC has and determine what can be used across disciplines. Dr. Fazen asked if a member of the Executive Committee would be called to be a member of an Executive Committee in Region 4A. Ms. Jackson explained that that is not yet the case, but that one is likely to be developed in the future. Federal Funding will only be available for the next 3 years and then it is expected that MRC’s will be self funding.
Ms. Jackson offered to make a “Family Preparedness” presentation, explaining her 72 Hour Emergency Kit at the February MRC meeting, which would be for all the members and then invite anyone interested in learning more about the Executive Committee to stay longer at the meeting. When asked what criteria the Board/MRC should use when doing Criminal Operation Record Searches (CORI) of Sexual Operation Record Searches (SORI), Ms. Jackson advised that the same criteria the town uses should be used when the Board or the MRC make a decision about a person. Dr. Fazen stated that this Board will have Public Health Nurse Leslie Chamberlin do the CORI checks. Ms. Jackson has some MRC Tee Shirts that she will bring to give to volunteers at the next meeting. The Board advised her that at the last meeting Personal Protection Kits were given to volunteers. Ms. Jackson suggested that maybe “Go Kits” should be purchased for all volunteers.
The meeting will be held on February 27, 2007 at the Cordaville Hall beginning at 7:00 PM. Mrs. Sacco will be the liaison to the MRC from the Board of Health and will open the February 27th meeting. Neal Aspesi will be invited to the meeting as well as someone from the Police Department, not to give a presentation, but to be kept informed of the activities of the MRC.

NOTIFICATION OF ACTIONS BETWEEN MEETINGS & PENDING ITEMS
Septic Permits
Permit Number St. No. St Name Town Applicant Name # Bdrms/GPD Explanation
2006029 14 Parker St. Southborough Shawn Fitzgibbon 4 Revision New
2006041 10 Maple St. Southborough Rita Bertenazzi 3 Complete Replacement
2004001 1 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2004002 3 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2004003 4 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2004004 5 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2004006 7 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2004008 9 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2004009 10 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2004010 11 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2004011 13 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2004012 15 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 Update New
2006042 2 Foxhill Rd. Southborough Bartolini Builders, Inc. 4 New
2006043 5 Prentis St. Southborough Moore 3 Complete Replacement
2006044 3 Oak Hill Rd. Southborough Gail Goolgasian 3 Complete Replacement
2006045 4 3 Gen. Henry Knox Southborough Ann Rosseel 4 Complete Replacement
2007001 20 Learned St. Southborough Matt Jackson 4 Complete Replacement
Licenses
261204 Joseph F. Irvine Jr. J. C. Parmenter Inc. Installer
261205 Michael A Torosian, Sr. J. C. Parmenter Inc. Installer
261206 Ben Stevens Trask, Inc. Installer
261207 Andrew Curtis Northboro Septic Service, Inc. Hauler
261208 John Regan John Regan Enterprises, Inc. Hauler
261209 George McGuirk the CHASE/harris Corp. Hauler
261210 George McGuirk the CHASE/harris Corp. Installer
261211 William Rodenhiser Rodenhiser Excavating Hauler
270101 Jeff Curtis CSI - Culley Septic Inc. Hauler
270102 Richard E. Whitehouse Able Septic Service Hauler
270103 Juan J. Alonso Airport John Hauler
270104 Robert D. Scott Scott Septic Inc. Hauler
270105 Robert D. Scott Scott Septic Inc. Installer
270106 Stacey J. Abato Raggs Septic Service Inc. dba E. A. Comeau Septic Hauler
270107 Gary H. Lynde Lakeside Sewerage Service, Inc. Hauler
270108 Richard F. Casaceli Casaceli Trucking, Inc. Hauler
270109 Dennis J. Demers Demers Construction, Inc. Installer
270110 John O'Connell Wind River Environmental Hauler
270111 W.Westey Devoto SanMass Inc. dba Sani-Kan Hauler
270112 Dennis Lavoie Handy House, Inc. Hauler

NEW BUSINESS
Board of Health sponsored Article to request $40,000 at Annual Town Meeting for “Public Health Needs Assessment and Strategic Long Range Plan – Action and Vote Needed
It was decided that Dr. Fazen will make the presentation on the $40,000 request for a Needs Assessment Study. He will explain that the Board want to develop the medical part of the Board of Health addressing things such as obesity, smoking, family violence, and etc. The consensus is that the Board needs more nursing hours; the schools are asking for more nursing, there is nursing at the Senior Center and it might be good to do some overseeing all of these different needs to determine how much nursing we really need, how many total nursing hours for the town. The Board of Heath could make the judgments on how nursing is needed and act as an overseer of all Nursing in Southborough. In the Town of Wayland, all nursing is under the Board of Health and they coordinate even the school nursing. This seems to be running smoothing, but an outside consultant could advise us on how to address these issues.
Mr. Pisinski said he believe it makes good sense to look to an outside consultant to determine the direction the department should take and insure that issues are addressed most efficiently. Mrs. Sacco said that the Board of Selectmen is not concerned about the Nursing position, but only the other two positions. The $40,000 would allow the Board of Health to make a determination of the direction it should take now that Mr. Pisinski is retiring, and there are new areas of concern being placed upon Public Health in a post 9/11 world. The study would help single out which needs are to be met by the Board of Health and which should be met by others. Mr. Pisinski said that Jean Kitchen suggested that we use contract employees to fill the Sanitarian positions. Mr. Pisinski felt that that was a good idea until the study determines what and who is needed. Then you can say to a contract person, we don’t need you anymore. The study may show that certain services such as pools, camps, etc. can be done by a regional person. These are the type of things that the consultant will look into.
Board of Health sponsored Article to borrow the sum of $500,000 from Waste Water Pollution Abatement Trust for low interest Betterment Loans to repair FAILED Septic Systems. The Administrative Assistant is to provide the Board Members with the number of people the Betterment Loan has helped.
Discuss the possibility of closing to the Public on Fridays to allow one day for working on projects without constant interruptions. Mr. Pisinski was asked to look into shared help with the other department on the second floor. Mrs. Sacco suggested that we begin by closing the door at noon on Fridays, but after further discussion it was decided that the Board will not address this issue at this time.
Next Meeting At the next 2 meetings ½ and hour will be set aside for either Mr. Pisinski or Mrs. Chamberlin to report to the Board on their activities at the year’s MHOA Conference.
The Board also approved, unanimously, Mrs. Chamberlin attendance at an MHOA Conference on Infectious Diseases.

The meeting adjourned at 5:40 PM
Respectfully submitted by: Barbara M. Luther, Administrative Assistant to the Board of Health