The meeting convened at 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 February 8, and February 22, 2006 meetings were approved.
Recognition: Chairman Fazen thanked Mrs. Luther for “holding down the fort” during the 31/2 weeks Mr. Pisinski was on vacation, indicating that during some of that time, all the Board Members were also away. He asked that the minutes reflect the Board’s appreciation also for organizing the “Emergency Preparedness mailing” which was sent out to every household in Southborough.

Vouchers totaling $1,501.77 were approved for payment from the Board of Health Budget.

Members were briefed on the agenda and any scheduled appointments.
Mr. Pisinski briefed the Board Members on an issue he hoped to address if there was time at the end of the meeting. Jokove Image Enhancement Inc., dba Nara Med Spa has an applicant for a “permanent make-up”, Body Art License. This would be the first individual licensed in Southborough under the previously adopted “Body Art Regulations”. Med Spa has been providing this service to their customers with the procedures being performed by a Plastic Surgeon, therefore the previous Board of Health didn’t feel that they needed to license a licensed physician. This individual is not a physician and therefore, under the adopted regulations should be licensed.
PETITIONS/PUBLIC HEARINGS
2:10 PM Mr. John Gulbankian and his Engineer, Mr. Michael Dean of Guierer & Halnon met with the Board to express Mr. Gulbankian’s concerns about the effect that the construction of two newly approved subsurface sewage disposal systems might have on the environment. Ms. Beth Rosenblum, Southborough Conservation Commission Administrator sat in on the presentation and discussion. Mr. Dean addressed the Board stating that he was present to contest the Public Health Director’s approval of the two systems, which are to be located at 16 and 18 Mt. Vickery Rd. Mr. Dean contends that there are wetlands and a tributary to the reservoir directly in line with the effluent for the proposed septic systems, and that this effluent eventually ends up in the tributary to the reservoir. Mr. Dean stated that there is clearly an intermittent stream directly across from the septic systems. Mr. Gulbankian believes that once the Mosquito Control people clean out the stream it will flow continually and present a possible pollution site to the reservoir. Mr. Dean provided the Board Members with aerial photos of the area and claims that the proposed subsurface sewage disposal systems/septic systems are within 200 feet of this manmade channel flowing into the tributary. Ms. Rosenblum explained that the Conservation Commission had no issues with the proposed systems, believing that if there were any issues they were Title 5 issues and therefore not under their jurisdiction. Mr. Pisinski explained to all present that there is often confusion between the State and Local Wetlands by-laws and the State Title 5 Code because each entity has its own set of definitions. Mr. Pisinski read the State Title 5 Code definition of a tributary to a surface water supply. He further explained that the Department of Environmental Protection (DEP) had rendered a decision through their spokes person Mr. James Fuller that a man made declivity or swale was not considered a stream and showed the members where the open channel or the tributary began using the aerial photos that Mr. Dean provided. Mr. Pisinski stated that Mr. Fuller told him that if moving water is interrupted by a retention basin or is not continuous (meaning it is interrupted) then this does not meet the definition of “tributary”. Mr. Pisinski also drew a diagram on an easel illustrating the difference between a swale/declivity; if the water runs often enough or swift enough to carve a channel into the swale it’s then considered a stream. He explained that he had walked the site and had not seen such a condition, and believes that this area is simply subject to periodic flooding. He also advised that it is his practice to use the engineer’s certification regarding the distances on a plan design. Mr. Pisinski showed the members that Mr. Sullivan the engineer from Sullivan, Connors and Assoc. had located the soil absorption areas of these septic systems at 290 feet from the known tributary. Mr. Dean stated that he and Mr. Gulbankian were requesting that a site walk be scheduled to assist the Board in making a determination. Dr. Fazen and the other Board Members all agreed that a site walk would be necessary to make a final determination. They asked Mr. Pisinski what the status of the proposed systems was and Mr. Pisinski stated that he had approved the plans and issued a construction permit weeks ago. The Board asked him to advise the property owner that due to new information regarding the area, the Board would like to further investigate or revisit the issue for a determination after their site walk. A site walk with both engineers, the Board Members, Mr. Gulbankian and Mr. Pisinski was scheduled for Friday, April 7, 2006 at 1:30 PM. Mr. Gulbankian was asked to formally grant approval to this group of people to walk his property. Mr. Gulbankian agreed to allow the site walk and advised that people could park at his home on 15 Mt. Vickery Rd. Mr. Gulbankian and Mr. Dean left the meeting at 2:35 PM. A field meeting will be posted for Friday at 1:30 PM with the possibility of the members returning to the office to deliberate and come to a decision.
Application of Robert D. McCart for License to install Septic Systems in the Town of Southborough Mr. Pisinski advised the members that Mr. McCart had provided the Board with copies of licenses from three other towns, however the recommendations were tenuous. Mr. Pisinski recommended that the Board not grant a license to Mr. McCart because of the flagrant violation of the Title 5 Code his company committed at 243 Parkerville Rd. on Saturday, October 15, 2005, by not securing a license to install septic systems in the Town of Southborough, or obtaining a Disposal System Construction Permit for the property. A letter will be sent to Mr. McCart advising him of the Board’s decision and offering him the right of appeal at a regularly scheduled Board of Health meeting.
Application of Robert Heavey for License to install Septic Systems in the Town of Southborough Mr. Pisinski advised the Board Members that he had received a complete application and fee from Mr. Heavey along with 3 current licenses in 3 separate towns. He explained that our application does require 2 letters of recommendations, which he hasn’t always insisted on as long as he can call the towns in which an applicant is licensed and speak with the Agent or Director who issued a license. Mr. Pisinski called Natick, Hopkinton and E. Bridgewater for references. In Natick, Mr. Heavey has not installed a system, but did answer 23 or 26 questions correctly, he also passed a test in Hopkinton. He is installing a system in East Bridgewater, where Mr. Pisinski learned that Mr. Heavey’s crew needs to be carefully watched. Mr. Pisinski recommended that the Board issue Mr. Heavey a license, because he has met the requirements listed on our application.

REPORT ON CORE DIRECTIVES
3:00 PM Archana Joshi, Regional Preparedness Coordinator Region 4A Ms. Joshi introduced herself and shared her background in Public Health with the Board Members, which most recently included working with the Center for Disease Control (CDC).
Dr. Fazen explained the mailing that the Board had recently sent out and its reference to the Medical Reserve Corp. (MRC). He noted that Massachusetts is ranked 49th in the country in an independent survey and article published about a year and a half ago, and stated that he believes this is due to the fact that there are 351 individual towns in Massachusetts and staffing is a major problem in many of those towns. Mrs. Brefka said that she had read that only 1% of health funding is dedicated to disease prevention, noting that Public Health is only now becoming of interest to the electorate of Southborough. The members shared their concerns with staffing and funding for Boards of Health in different towns, explaining that one of the problems they are hearing about in regards to working with other towns is that individual towns all spend differing amount for their Public Health, which causes town with well funded Board of Health not to want to provide support to under-funded towns. Well-funded towns don’t want to subsidize other towns, so to speak. All this was discussed because the Board wanted Ms. Joshi to understand the difficulties present in setting up Memorandums of Understanding (M.O.U.) or Mutual Aid Agreement between towns. Dr. Fazen asked Ms. Joshi what she is finding as she travels Region 4A. She said that she has found that some towns don’t want to participate due to legal issues as well as the funding; but that each instance is evaluated on a case by case basis and many are able to set up a mechanism for Mutual Aid. She explained that most towns model the Public Health Mutual Aid after the Fire Department format. Mrs. Sacco asked how the liability for injury works if someone gets hurt while assisting another town. Mrs. Brefka agreed that the Board must have as much information as possible so that any agreement can be fully and carefully developed before it is brought before the Town Meeting for approval. Ms. Joshi agreed to send information and act as a resource for the Board. Mr. Pisinski asked that she check with the Department of Public Health attorneys to get a copy of a letter of understanding of liability from an M.O. U. specifically for a Board of Health Mutual Aid Agreement, because is may be different than a fire department’s Mutual Aid Agreement.
Dr. Fazen asked if Ms. Joshi thought that these Mutual Aid Agreements and the Continuity of Operations Plan (COOP) were heading towards regionalization. Ms. Joshi said that there has been talk about regionalization, but that she could not give a definite yet, however, she promised to research the issue. She advised that Local Emergency Planning Committees (LEPC) are using regional support. Dr. Fazen asked if it is possible to develop regional departments where towns use, use part-time personnel, each with different certifications to serve as Town Inspectors. He is interested in regionalizing general daily activities of a Board of Health.
Mr. Pisinski explained that when he work for Central Massachusetts Regional Planning Commission and tried to interest towns in regionalizing, he found that they would not respond until the State offered a “carrot” of money to encourage regionalization in areas that were feasible for towns to use a regional system. Mr. Pisinski believes the State needs to take a look at the Connecticut model of giving per capita dollar incentives for 1 or 2 towns that regionalize and the incentive increases as more and more towns join a region; the larger the number of towns in a region the larger the monetary compensation for each of the towns involved. Mr. Pisinski asked if Ms. Joshi would bring this type of suggestion back to the Department of Public Health hierarchy. He gave an example of the Tobacco Consortium, which started small with only 6 towns but continued to grow from a good nucleolus, but just as it really began to work, the State pulled the plug on the funding. The Governor needs to standup with DPH on regionalization if it is ever to happen. Ms. Joshi agreed that funding is always an issue, but while it is available towns need to work towards using it. Dr. Fazen said that the idea of regionalization began with 9/11, but that is the tail wagging the dog. It is the everyday issues that need to be regionalized. The Fire Chief is requesting to change this LEPC region because he wants to be involved in a region of closer towns for everyday functions; Dr. Fazen believes that Boards of Health also should be involved in sharing everyday issues. Ms. Joshi reminded the Board that over the next 5 to 6 years it will be Public Health that will be in the forefront of Emergency Preparedness. Mrs. Brefka advised that Southborough just doesn’t have the staff to develop good Emergency Planning and believes that we’ll have to regionalize. Dr. Fazen said that he understood that Region 4A has hired consultants to develop a regional Medical Reserve Corp. (MRC) and that each coalition should receive $100,000 to build their MRC. He asked Ms. Joshi to get more information of how Region 4A intended to organize its MRC.
Continuity of Operations Plan (COOP) Dr. Fazen told Ms. Joshi that Southborough really doesn’t have a 24/7 call down explaining that there was a time during Mr. Pisinski’s vacation when Board Members were also away and Mrs. Luther was the only one available for the Board of Health. He said that we will give names and telephone numbers of members and staff, but that people will respond only when available. Mr. Joshi advised that the cell phone that the State “gave” towns is meant to be carried by someone 24/7, and if Mr. Pisinski can’t answer it all the time then maybe it should be rotated. Mrs. Brefka asked if Ms. Joshi had spoken with other Boards of Health and how they are responding to the 24/7 requirement. Ms. Joshi said that she had not, and Mrs. Brefka asked if she would please do that and let the Board know of her findings.
Mrs. Brefka asked if there are any “interns” available that might be able to assist towns with emergency preparedness planning. Ms. Joshi said that Tufts and Boston University have Public Health programs and that students in the Master’s Programs at those schools might be interested, she will send the Board the names of contact people at those schools. Dr. Fazen suggested that a minimum of a full hour be blocked off at the next meeting to discuss Board reorganization, 24/7, Mr. Pisinski’s leaving and the use of interns.
NOTIFICATION OF ACTIONS BETWEEN MEETINGS & PENDING ITEMS
A. Emergency Preparedness Mailing is being completed and will be brought to the Post office early next week.
B. Scheduled a Rabies Clinic for Saturday, April 15, 2006 – Southborough Veterinary Hospital, and DPW are on board with this date. Notice is on Web Page, News Papers and Cable, posters are
C. Permits and Licenses
Septic System Permits
2006001 18 Mt.Vickery Rd. C&R Construction 0 4 New
2006002 16 Mt. Vickery Rd. C&R Construction 0 4 New
2006003 49 School Street Kosta Baltas 65 8 5 New
2006W01 57 Breakneck Hill Rd. Russell Gregory 29 55 Well
2006004 76 Marlboro Rd. Stephen Lahaye 0 4 New
2006005 74 Marlboro Rd. Staphen Lahaye 0 4 New
2006006 33 Flagg Rd. Robert G. Larkin 34 14A 4 Complete Replacement
2006007 13 Overlook Dr. Thomas O'Connor 66 27 4 Complete Replacement
2006008 8 Pearl St. Gary I Schofiled 2 15 3 Complete Replacement
Licenses
260201 Dennis Demers Demers Construction Inc. Installer
260202 John Sherry Capasso Farms Food Est. Retail
260203 Rick Nicholson/Belinda Chabin Epicurian Café @ Reservior Food Establishment
260204 Rick Nicholson/Sandra Lazzara Epicurean Feast Café Food Establishment
260205 L. Vincent Strully, Jr. & Eileen Rielly New England Center for Children Food Establishment
260206 Joe Grillo Sodexo - EMC Sobo4 Food Establishment
260207 Patrick Hallisey EMC Southboro Bldg. 5 Sodexo Food Establishment
260208 Konstantino Skrivanos/Nick Tzikas South Donuts, Inc. dba Dunkin Donuts Food Establishment
260209 Konstantino Skrivanos/Nick Tzikas Southdun LLC dba Dunkin Donuts Food Establishment
260210 Vinod Rao Danny Corp. dba Colony Market Food Est. Retail
260211 Vinod Rao BKP Inc. dba Fitzgerald's General Store Food Est. Retail
260212 Vincent Dell'Olio St. Marks School Cafeteria Food Establishment
260213 Kuo Liang Lin & Angela Yu Wen Fu LINFU, Inc. dba Rose Garden Food Establishment
260214 Tushar Patel dba KCB Sandwich Inc. Quiznos Subs Food Establishment
260215 Gary Lizotte Trask, Inc. Installer
260216 Lori A. Fays Cold Stone Creamery Food Establishment
260217 Terri Locke/Northboro-Southborough Schools Woodward School Food Establishment
260218 Terri Locke/Northboro-Southborough Schools Margaret Neary School Food Establishment
260219 Terri Locke/Northboro-Southborough Schools Mary Finn School Food Establishment
260220 Terri Locke/Northboro-Southborough Schools Trottier Middle School Food Establishment
260221 William J. Zanke/Linda Shays Wendy's Old Fashioned Hamburgers Food Establishment
260222 Neil Fletcher Bill's Package Store, Inc. Food Est. Retail
260223 Chris and Tricia Kalagher Domino's Pizza Food Establishment
260224 Lori Woodworth Rosey's Pops Food Establishment
260225 Dean Lewis Fay School Food Establishment
260226 Nancy Katz Bromley The Chocolate Gift Food Establishment
260227 Rob Merlino Hot Dog Harvey Food Est. Mobile
260228 Eric Spinner Rte 9 Beer & Wine, Inc. Food Est. Retail
260229 Christo Baltas Southborough House of Pizza Food Establishment
260230 Lisa & Mark Verrochi Red Barn Coffee Roasters Food Establishment
260231 Michael Constantino/Thomas Constantino Ben's Deli Food Establishment
260232 David DiManno MiManno Masonry Co., Inc. Installer
260233 Kosta Baltas Station II Pizzeria & Grill Food Establishment
260234 Tom Prince Tomasso Trattoria Food Establishment
260235 Steve Mauro Mauro's Market Food Est. Retail
260236 Steven Mauro Mauro's Village Café Food Establishment
260237 Miki Lingenfetter/Susan Atkinson Starbucks Coffee #2950 Food Establishment
260238 Ray Fritz LRF Enterprises Inc., dba Rays Exxon Food Est. Retail
260239 Mary Wila/June Phillipo SMOC Meals on Wheels Program Food Establishment
260240 Kevin Gill Owen O'Leary's Food Establishment
260241 Ed Cram E.N. Cram Contracting Installer
260242 Andrew Ingham St Mark's Golf Club Food Establishment
260243 Abigail J. Miller Apple Tree Bed and Breakfast Food Est. Residential Kitchen
260244 Tom Prince Panzano Market, Inc. Food Est. Retail

BUDGET
The quarterly report was submitted to the Board Members. The only area in which there may be an issue is in the Public Health Nurse line item, however, it is believed that unused money from the Overtime line can be used to pay the Public Health Nurse for her time. Mr. Pisinski believes that it may also be possible to transfer money from other line items as long as the bottom line remains solvent. He will check with the Town Administrator to see if this is possible.

NEW BUSINESS
Board members requested that a new bulletin board be created in the Board of Health Office for Public Health Items in the News. Mrs. Brefka and Mrs. Sacco brought several items to the meeting that will be placed on the bulletin board. Mr. Pisinski was asked to check with the Town of Westborough to see if the fox that bit the boy there was determined to be rabid.
Court Ruling on Tobacco Bans - One of the items in the news was the State Court’s upholding of the Town of Athol’s ban against smoking even in a Private Club. The Southborough Board of Health will have to review this issue with regards to the private clubs in Southborough, but feels that a letter of appreciation should be sent to the Athol Board of Health lauding their diligence in the fight against tobacco. At the May 10th Board Meeting the members will make a decision on how to react to private clubs. Mr. Pisinski was asked to check with the Attorney for Worcester Tobacco Control Consortium for help on how to word a regulation regarding private clubs, and also to find out how other towns in the WTCC are reacting to private clubs. Mrs. Brefka would like Southborough to spearhead this areas response. Mr. Pisinski was asked to inventory the private clubs in town and determine their smoking policies.
Executive Session - The regular Board of Health Meeting was adjourned so that the members could enter into Executive Session under M.G.L. Chapter 39, S23B 9 . Dr. Fazen so moved and a roll call vote was taken; Mrs. Brefka and Mrs. Sacco both voted in the affirmative and the Executive session began at 4:50 PM. The Executive Session ended and the regular meeting reconvened at 4:55 PM.
There was a brief discussion regarding the budget as it appears on the Town Warrant.
The meeting adjourned at 5:05 PM
Respectfully submitted by: Barbara M. Luther, Administrative Assistant to the Board of Health