| The meeting convened at 1:30 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 January 12, 2005 meeting were approved
with correction of 2 typos.
Vouchers totaling $538.56 were approved for payment from
the Board of Health Budget.
Members were briefed on the agenda and any scheduled appointments.
DISCUSSION
3 Prentiss St. – Mark Farrell of
Green Hill Engineering explained the conditions including
a failed cesspool at 3 Prentiss St. The lot is very small
and he is requesting approval of two (2) Local Upgrade Waivers,
specifically: a reduction of the setback requirements from
the S.A.S. to the property line (10 ft. required –
6 ft. provided) and reduction of setback from the S.A.S.
to the foundation (20 ft required – 11 ft. provided).
Mr. Farrell provided the Board with a copy of the abutter’s
notification that he had sent, however, the addressee never
picked-up the notice. The Board Members reviewed Mr. Farrell’s
presentation and approved SDS Permit #2005003
Discussion only Septic Plan – New/Variances
at corner of MacNeil and Latisquama
Joe Marquedant of J. D. Marquedant Assoc., Inc. attended
the meeting to request that the Board review his proposed
plan for new construction at 1 MacNeil Dr., to determine
if they believe it holds enough merit to warrant the Public
Hearing that would be required for the Board to approve
the variances requested in the design.
Mr. Pisinski explained to the members that the proposal
and the request must meet the two (2) standards of review
for the Board to consider approving the variance. First,
the proposal must include equal protection of the environment
as if the variance was not requested and the setbacks were
met. Secondly, the “manifest injustice” clause
must be met. In other words, the property is rendered useless
unless the variance is granted. Mr. Pisinski explained that
there is a storm drain that goes down Latisquama and ultimately
into the Reservoir. The corner of the lot was chosen for
the SAS because much of the remaining lot has a high water
table, and poor soil. There is no other place to put the
Soil Absorption System (S.A.S.) than where it is proposed.
Also, the lot has a dramatic change is grade on other parts
of the property. The design proposes to use “Cultec
Domes” and place them lower that the storm drain that
abuts the property, therefore eliminating the chance of
effluent entering the storm drain. However, the variance
is requested because the Title 5 Code requires no more than
3 ft. of cover over the S.A.S and this design proposes 8
½ ft. at one end and 6 ft. at another. A ”raised
system” is not workable because it would have to be
raised to a point where it would be higher than the storm
drain.
The Board reviewed a letter from Mrs. deCastro explaining
what she considers to be a manifest injustice, if the variance
request is not granted. Her reasoning included the fact
that they are paying taxes on this property that is of no
use to them. The home across the street from this property
used to be owned by her mother, but she was unable to sell
the parcel with the house across the street. Unless they
can sell the property for a new house the property is nothing
but a burden on the family.
Mr. Pisinski explained that he and Mr. Marquedant have been
reviewing possibilities for this property for over a year
and have even discussed the issues with the D.E.P. He thinks
that the proposal is workable. If the Board considers it
worthy of further review, then a public hearing could be
scheduled for the next meeting, the owner and/or the design
engineer could further explain the manifest injustice and
abutters would have the opportunity to express their concerns.
Mr. Pisinski believes that the requirement of providing
equal protection for the environment has been met with this
proposal.
Dr. Stone stated that he believed that the merits of the
proposal warrant a public hearing and so moved, Mrs. Brefka
seconded the motion and Dr. Fazen made it unanimous. A public
hearing is scheduled for March 2, 2005 at 7:30 PM in the
Thomas McAuliffe Hearing Room.
Signing of Agreement with Fuss & O’Neil
for In-Sampling off Rte 30 and Ward Rd
A brief discussion recapping the issues with the odors in
the area of Main St., Bigelow and Ward Rd., which created
the need for samples to be taken from the stream, preceded
a motion and agreement to sign the Fuss & O’Neil
contract by all three Board Members.
Board of Health - Public Health Nurse
Mr. Pisinski told the Board Members that he had met with
the Personnel Board regarding the job description for the
part-time Board of Health Nurse. The Personnel Board approved
the job description and will place her into the “salary
administration” program. The position is not to exceed
a maximum of 100 hours per year. The nurse will fill out
a timesheet, which will be reviewed by Mr. Pisinski. Dr.
Fazen and Mrs. Brefka expressed some concern about the nurse,
Leslie Chamberlin’s, availability, and Mr. Pisinski
suggested that he ask her to come to a meeting to explain
how she intends to use her time between the Senior Center
(for which she is already employed) and the Board of Health,
which will be added in July, 2005.
Dr. Stone moved to appropriate $35.00 to pay for Ms. Chamberlin’s
attendance at the “Infectious Disease Surveillance,
Reporting, & Control Seminar. Dr. Fazen seconded the
motion and Mrs. Brefka made the motion unanimous.
Emergency Operations Plan - Template
The MHOA in conjunction with the regional bio-terrorism
and emergency preparedness group contracted with a California
Consulting Company to develop responses and protocol regarding
every bio-terrorism event that a Board of Health might be
involved. This “template” is exclusively for
Boards of Health, but does include interaction with other
departments.
Dr. Fazen advised the members that this is not the State
Department of Public Health’s plan and therefore,
it is not Massachusetts Emergency Management or Region 4A
endorsed. It may be ahead of where the state is right now,
and may very well look like the plan the state ends up with
but this plan is not being used by the state right now.
Therefore, Dr. Fazen is not sure what the Board should do
with the template right now. He went on to further explain
that Southborough is part of the Region 4A Emergency Preparedness
Consortium, which would deal with both natural and “unnatural”
disasters. The group is leaning toward regionalization of
all programs with Framingham being the Region 4A center.
The “Metropolitan Area Planning Council” has
been contracted by Region 4A to develop a plan. Dr. Fazen
agreed to review the MHOA Plan and report back to the Board.
Mr. Pisinski suggested that a senior citizen be used to
complete the template. Dr. Fazen felt that that could be
a waste of time, because it might be too parochial. He explained
the “Health Alert Network”, which is an electronic
communication system that allows members to be connected
with the CDC, the DPH and other towns. He is a member and
believes that it would be good for the Town of Southborough
to be a member. There is training provided and he recommends
that Mr. Pisinski participate in the training. This would
make experts available to assist Southborough with any emergency
situation. Unfortunately, there is a need for someone to
be able to e-mail the CDC that they have received an alert
24 hours a day, 7 days a week. The MHOA is only a weekday,
“9 to 5” organization; therefore, elected officials
will have to become involved as soon as they are capable
of responding to the CDC. He reminded the members that Massachusetts
ranks 49th, in the country, in emergency preparedness.
Reimbursement to Town of a total of $1,404 for
Flu Clinic and Supplemental Equipment
The members were informed of state reimbursements/grants
totaling $1,404 that were applied for and received to offset
costs of some equipment and the Flu Clinic. The money came
from the State Department of Public Health through the Emergency
Preparedness Region.
Copy of Board of Health Annual Report -
Board members were given a copy of the Board of Health Annual
Report, which had to be sent to the Board of Selectmen before
it was reviewed by the members, because of printing constraints.
Fee Schedule
Public Health Director, Paul C. Pisinski is proposing some
changes in the Board of Health Fee Schedule and he explained
them to the members. He has added a “special fee”
for condominiums, which was not in previous fee schedules.
This was added to the cover the costs of the extra inspections
due to the size of the systems, and the time spent obtaining
legal documentation of items such as Operation and Maintenance
Schedules, Condominium Association Agreements, and meetings
that Mr. Pisinski has to instruct association members about
their system. Therefore, he recommends that the fee be doubled
from $150 per unit to $300 per unit. Dr. Fazen and Mrs.
Brefka thought that $300 per unit might be too little and
suggested $500. Dr. Fazen felt that if developers are getting
in excess of $800,000 for many of these units the fee is
reasonable. Dr. Stone advised that it has been past practice
for the Board to only charge enough to cover the cost of
inspections, etc. The Board has never used fees to raise
money for the town. Dr. Fazen suggested a compromise of
$400, which was seconded by Mrs. Brefka. Dr. Stone voted
negatively regarding the increase in this fee.
Mr. Pisinski also suggested that a second category be added
to the Waste Water Treatment (WWT) fee schedule, specifically
Waste Water Treatment Sewer Collection Permit. He explained
that the state charges a fee for a Waste Water Treatment
Plant, but doesn’t monitor the collection system.
That is left to the town. Mr. Pisinski is proposing $5,000
plus or minus depending on the size and complexity of the
system. Mr. Pisinski added that there are several large
companies proposing WWT plants in Southborough.
Mr. Pisinski proposed an increase in the cost of Soil Testing
for new construction, from $200 to $300 because of the 60
minute per inch percolation rate, which has been approved
by the state. For commercial projects he is suggesting $300
plus 0.20 per gallon up from $200 plus 0.10 per gallon,
also due to the change in the acceptable percolation rate.
Dr. Stone moved to accept all the increases in the fee schedule;
Dr. Fazen seconded the motion and Mrs. Brefka made it unanimous.
Barbara Luther evaluation – Dr.
Stone submitted his evaluation of the secretary. Mrs. Brefka
and Dr. Fazen felt that they do not spend sufficient time
with Mrs. Luther to qualify them to review her work. It
was decided that Mr. Pisinski would do the evaluation because
he is her direct supervisor. Dr. Stone moved that Mrs. Luther’s
grade be changed from grade 2 to grade 3 and that her title
be Administrative Assistant to the Board of Health. Dr.
Fazen asked that the in submitting the vote to the Board
of Selectmen it is made clear that this is a cost efficient
move and that the Board has done their “homework”
before voting for the title and grade change. He and Mrs.
Brefka then added their vote to Dr. Stones, making it unanimous.
Paul C. Pisinski’s Vacation - Mr.
Pisinski has previously requested and been granted three
consecutive weeks of vacation. He explained to the Board
Members that he has spoken with four (4) Director/Agents
who have agreed to be available for inspections during his
time away. They are Jack Wallace from Stow, and Dennis Costello
from Northboro and Brian Besso from Hopkinton. Mr. Pisinski
anticipates 2 days per week for inspections and Bob Landry
of Marlboro can be called in case of an emergency.
The following License(s) and Permit(s) signed by
the Public Health Director:
SDS Permit #2005001 – 164 Marlboro Rd. (91/15) Complete
Replacement 3 Bedroom
SDS Permit #2005002 – 24 Woodbury Rd. (9/16A) Complete
Replacement 3 Bedroom
The meeting adjourned at 4:20 PM
Respectfully submitted by: Barbara M. Luther, Secretary
to the Board of Health
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