The meeting convened at 3:00 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.

Discussion regarding Board of Health Proposed Annual Town Meeting Warrant Article and Budget
General Budget - Dr. Fazen and Mr. Pisinski explained that they had attended the Board of Selectmen’s meeting on Tuesday, February 20, 2007 to discuss the Board of Health Budget. Mr. Pisinski had learned that the Warrant was to go to the printer on the morning of February 21, 2007, prior to the Board of Health Meeting. Mr. Pisinski had suggested that he and any Board Members available attend the Selectmen’s meeting to bring the Board’s concerns to light prior to printing of the Town Meeting Warrant.
Dr, Fazen advised that he had shared the Surgeon Generals report on “Building Healthy People”, which states that the health of the individual is directly related to the health of the community, i.e. public health practices. He was able to explain to the Board of Selectmen that Public Health issues have not diminished by the 11% that the Board of Health is being asked to cut out of its budget. Mr. Pisinski advised that the Selectmen were asking the Board of Health to cut based on their principal of no new hours, while Dr. Fazen explained that the Board of Health should be able to decide how to meet a request for any cut in budget based on their knowledge of how to best serve the public health. However, the break through came when Dr. Fazen reminded the Selectmen that the Board was not actually adding hours because Mr. Pisinski was becoming a part-time employee and even with the small increase in the nursing hours, the department was actually cutting hours. The combined part-time hours of Mr. Pisinski and the Public Health Nurse hours did not constitute a full-time position. At that point the Board of Selectmen Members seemed to understand the issue, and were reminded that the Board of Health did exactly what it was asked to do and presented a level funded budget. Mr. Pisinski asked that the Board of Selectmen take a formal vote regarding their support of the Board of Health budget. A vote was taken and the Selectmen agree unanimously to support the proposed Board of Health Budget. Selectmen Boland did explain that the town needs to deal with a one million dollar deficit and that the Town Meeting will ultimately decide where that money should come from.
Warrant Articles $40,000 for a Needs Assessment Study – The Selectmen will not support this Article, and asked that the Board of Health try to do this assessment using volunteers. Dr. Fazen felt that we might be able to get some assistance from Archana Joshi and with Mr. Pisinski’s assistance in giving some presentations to the study group, this might be possible. The Board of Health, through Dr. Fazen and Mr. Pisinski, did tell the Board of Selectmen that although we will try to meet this need with a volunteer committee, the Article should remain in the Warrant. It is the desire of this Board of Health that the Town Meeting be aware of the need for this study in this new world of Public Health. Dr. Fazen said he backed the idea of a volunteer committee, because he felt that with Mr. Pisinski’s guidance as the senior level person using his knowledge of regulations and the working of government it might work in the Board’s favor when an impartial group came to the same conclusion that the Board has come to. Mr. Pisinski suggested that the Board of Health solicit the Board of Selectmen for approximately $4,000 to $5,000 dollars to pay someone to oversee the committee. Dr. Fazen said that the committee should have some information by April so that the Board can go to Town Meeting and explain its needs. Mr. Pisinski was asked to tweak the Request for Proposal (RFP) to turn it into a “Charge” for this investigative committee. The Board decided that the committee should be called the “Select Committee on Public Health”. It would be made clear that this would be a short term volunteer project to determine the public health needs and projects that the Board of Health should attend to going forward into the future. It should make a determination on funding, personnel and other needs and should take only three months to complete its charge.
The Board discussed the names of several individuals who would be good to appoint to the committee, including several MRC Volunteers. It was decided that the Board of Health would suggest to Jean Kitchen a five (5) person committee; three (3) members of the committee would be recommended by the Board of Health, one (1) by the Board of Selectmen and one (1) by the Advisory Committee. The Board of Selectmen would be the ones to appoint the committee. Dr. Fazen hopes that with the committee’s “charge” being provided to the Board of Selectmen’s office this week that within the next six weeks the committee could begin its work.
The Board Members each took one of the Warrant Article to present before the Advisory Committee on February 22, in hopes of getting their support at the Town Meeting.

Board of Health Management Issues
Administrative Assistant, Barbara Luther asked that the Board clarify her role with the MRC. Explaining that the MRC is almost like working for another Board of Health, with the administrative work involved, she advised that she has been concerned for quite some time about what the Board expected of her with regards to this group. She told the Board Members that she is willing to do whatever they decide, but that some other areas would have to be let go with the added responsibilities if she was expected to maintain her current hours. The MRC’s next meeting is scheduled for February 27, and it is hoped that an Executive Committee will be formed. Mr. Pisinski suggested that we ask Liisa Jackson if money from the Region 4A Grant can be used to pay for someone to do the administrative work for the MRC. The consensus of the Board was that Mrs. Luther would attend and take minutes of the February 27 MRC meeting, but after that she will not be involved.
Mr. Pisinski addressed the issue of office hours after July 1, 2007 when he becomes part-time and Mrs. Luther is entitled to 4 weeks vacation per year. Mr. Pisinski will be working 14 hrs per week so some times during the day the office will be closed. He suggested that a Senior Tax Write-off Worker might be able to fill in during vacations, sick time, etc. Dr. Fazen asked if there would be orientation and was told that there would be. He wants to tell Jean Kitchen that we don’t have the same administrative hours that some of the other departments do and suggest that if she wants to do some cross training, the Board of Health is okay with that. Dr. Fazen would like someone who can answer phone and start the process.

Liability Coverage Mr. Pisinski reported that the elected members are covered by the Town’s Liability Insurance for “general liability” (negligence). However, the insurance does not cover them for any practice of medicine. Dr. Fazen said that the Board will continue to look for a way through the Fire Department or other ways to have Standing Orders issued for flu clinics or other immunizations

12 and 16 Meadow Lane – Standards of Review under 310 CMR 15.410
The Board again reviewed the presentation and the application for 12 and 16 Meadow Lane. It appears that 12 Meadow Lane has been a recorded lot held separately before the revisions to the Title 5 Code in 1995. It also appears that 16 Meadow Lane has just recently been subdivided; since the new Title 5 Code in 1995. Mr. Pisinski advised that he did speak with town Counsel regarding the legal standards and was told that the Board is not compelled to grant the variance, but must be reasonable. Any petition for a variance must meet the two standards of review: 1) the equal treatment clause, and 2) the manifest injustice clause. The manifest injustice clause is a judgment call.
The Members felt that both 12 and 16 Meadow Lane do meet the technical standard of review. However, in the judgment of the Board, 16 Meadow Lane does not meet the “manifest injustice” standard. Mrs. Sacco moved to approve the variance request for 12 Meadow Lane; Mrs. Brefka seconded the motion and Dr. Fazen made it unanimous. Mrs. Sacco then moved not to approve the variance request for 16 Meadow Lane. Mrs. Brefka seconded the motion and Dr. Fazen made it unanimous. Mr. Pisinski will draft a letter advising the property owner of the Board’s decision.

The meeting adjourned at 5:00 PM

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