The meeting convened at 7:00 PM. Present were Chairman Louis Fazen, III, Members Ruth C. Brefka, and Nancy A. Sacco, Public Health Director Paul C. Pisinski, Administrative Assistant Barbara M. Luther and Public Health Nurse Leslie Chamberlin.

The minutes of the April 5 and April 7 meetings were approved with some corrections. In reviewing the minutes, Mrs. Brefka asked if Archana Joshi, from the Department of Public Health had answered any of the questions that the Board had put to her during her visit to Southborough. As of this date, Ms. Joshi has not responded.

Members were briefed on the agenda and any scheduled appointments.
Mr. Pisinski explained the issues involved with NARA Luxury Med Spa to the Board Members. The spa has been licensed as a massage therapy establishment and has licensed massage therapists working at the facility. A few years ago the owner and a State Licensed Plastic Surgeon came before the Board wishing to provide “permanent makeup”, which falls under the “Body Art” regulations that the Board adopted in 2001. The Board was of the understanding that the plastic surgeon was the one doing the permanent makeup and therefore didn’t feel that a license from Southborough was necessary because he was already licensed by the state. However, it appears that someone else, a practitioner, has been actually performing the ‘tattooing”. The adopted regulations clearly exempt physicians, but all others are required to be licensed by the Town. In a review of the regulations, prompted by NARA Med Spa hiring a new practitioner, who in turn applied for a practitioner’s license, it was revealed that the adopted State recommended regulations for Body Art Establishments require that each establishment be licensed, that strict sterilization practices be followed, and that annual inspections be made since the establishment’s license expires at the end of each year. Southborough adopted these regulations in 2001. Therefore, Mr. Pisinski is recommending that a fee of $150 be charged for the practitioner’s license, and a $250 fee be charged for the establishment license. The detailed inspections are what warrant the $250. Members Ruth Brefka and Nancy Sacco, both RNs, agreed to accompany Mr. Pisinski on the inspection to assist in checking the sterilization techniques. Board Members reviewed the regulations and pointed out areas that should be carefully addressed with the applicants. Dr. Fazen suggested that the Board accept the recommendation of $250 for the initial license fee with the understanding that it may decrease once the time required to actually do an inspection is determined; if the inspection doesn’t require as much time as is expected that the Board my lower the license fee.

PETITIONS/PUBLIC HEARINGS
7:30 PM - Joy Thomas and Dr. Elliot Lache arrived to meet with the Board. Dr. Lache advised the Board Members that he wanted to understand the issues that the Board of Health has with the permanent makeup practice at NARA Luxury Med Spa, because the last time he had appeared before the Board he was advised that if this “tattooing/body art was part of his medical practice the Southborough Board of Health didn’t feel the need to license him because he was a licensed physician. Dr. Fazen advised that the Board’s regulations do exempt a physician, but that each practitioner, who is not a physician must be licensed. He also explained that a further review of the State suggested regulations that the Board had adopted in 2001 revealed that each establishment must also be licensed. Dr. Lache objected to the requirement insisting that this was part of his medical practice. Dr. Lache explained the process used in “permanent makeup” stating that he did not believe that this should be considered “body art”. Dr. Fazen explained that the regulations cover the use of needles to apply dye. Dr. Fazen began to explain the requirements for sterilization, and Dr. Lache explained that all needles used are disposable. He advised that everything that touches the patient is disposable, that all sharps are properly disposed of in a “sharps container” and that each needle comes in a pre-sealed package. Mr. Pisinski pointed out particular sections of the regulations that he felt should be carefully addressed, and Ms. Thomas reminded Mr. Pisinski and the Board that she had submitted a detailed documentation of the procedures used in the practice when they had appeared before the Board in 2004, but agreed to provide the Board with an updated copy of their procedures and policies. Mrs. Brefka asked that an updated copy be provided to the Board each year, along with the annual renewal of the license, and that it be initialed to indicate its current applicability. Mr. Pisinski briefly explained the type of inspection he intended to conduct. Dr. Lache asked for the history of the regulations and what gave birth to their creation and adoption by the Board. Mr. Pisinski explained the how a law suite had caused the legislature to allow tattooing in the state of Massachusetts and sample regulations that were provided for towns to either adopt as is or modify. The Town of Southborough Board of Health adopted the state sample as it was written. He further explained that their establishment was the only one in town that fell under the adopted regulations and so the enforcement of the regulations was still new to the department. Dr. Fazen asked if the spa was under a time crunch to get the license. When the owners indicated that they indeed had several clients who were waiting to have the treatments done, Dr. Fazen asked if the other members would agree to a thirty (30) day establishment permit while the spa reviewed the regulations and prepared for an inspection. The members all agreed and advised Ms. Thomas and Dr. Lache that the fee would be $250.00 initially. The Board will review the time it takes to inspect the premises and process the application and possibly reduce the fee for subsequent inspections/license renewals. An inspection will be done by Mr. Pisinski and the two Members that are nurses sometime before the next Board of Health Meeting.
The Board Members approved and signed Julia Barrows license as a “Body Art Practitioner”, advising that the fee for this two (2) year license is $150.00. Dr. Lache paid the fee in cash, the licensed was given to him and he and Ms. Thomas left at 8:10 PM.

REPORT ON CORE DIRECTIVES
Tobacco Control – Time permitting, report on Smoking in Private Clubs - Mr. Pisinski reported on his findings regarding private clubs in Southborough and smoking. He visited several of the clubs in town and spoke to members, many of whom would be happy to have smoking banned; taking the responsibility out of their hands. Some of the clubs, such as the Vets, meet in public building and therefore can’t smoke anyway. The Knights of Columbus representative said that no one smokes in their club. There is a procedure that will have to be followed if the Board decides to ban smoking, but there is not enough time to discuss it tonight. Mr. Pisinski told the Board Members that he did find a vending machine at the Fayville AA Club and told them to have it removed because all tobacco vending machines are banned in Southborough. The suggestion was made that the fee for a tobacco permit should be increased to $100, but no action was taken of the suggestion. Dr. Fazen advised that the Board Members consider the reasoning behind banning smoking. Mrs. Chamberlin, Public Health Nurse stated that she felt the effects of second hand smoke on the employees and other patrons was sufficient. Mr. Pisinski explained the detailed procedure a club must comply with to be considered truly a “private club” and suggested that the Board tell local clubs what to do to become a private club in the eyes of the State then they may be allowed to continue smoking. A private club must meet the regulations established for private clubs as set forth by the recent Athol court case ruling. The Board agreed that any “public” club or organization must desist from allowing smoking immediately in compliance with State and Local regulations, and the Southborough Board of Health reserves the right of ruling on the status of clubs in Southborough using the Athol criteria.
Mr. Pisinski will invite Attorney Wilson and /or Bill McClune to come to a Board Meeting and speak on what can and cannot be done in regards to banning smoking. It was decided that Mr. Pisinski would advise Attorney Wilson and/or Mr. McClune about what the Board would like to do and have them come to the September meeting at which time the club representatives would be invited to attend also.
Emergency Preparedness – Mavis O’Leary, RN Massachusetts Region 4A Coordinator for the Medical Reserve Corp. (MRC) and Leslie Chamberlin, RN Southborough Board of Health Public Health Nurse arrived at 8:10 PM. Ms. O’Leary provided a brief overview of the MRC and how to develop it in Southborough. She had brought a 12 minute DVD presentation, which Dr. Fazen asked to forgo due to the time constraints of the evening. Ms. O’Leary explained that her portion of the program is only funded until late August and encouraged the members to begin to organize the MRC as soon as possible. She advised that it has been determined that 65 volunteers are needed for every 10,000 in population. She encouraged the Board to publicize the need and the opportunity in local newspapers, with flyer, on cable, etc. She advised the Board of Health to involve the Board of Selectmen the Local Emergency Planning Committee and all other departments in the town.
Dr. Fazen advised Ms. O’Leary that Southborough already had 2 letters from individuals offering to volunteer, one from a physician and one from a registered nurse. He explained that these came from the mailing that the Board had had sent to all households in Southborough and asked if there was a “boiler plate” flyer that the town could use to invite people to join this venture. Ms. O’Leary offered a letter that could be sent to people, but hasn’t received flyers as of yet. She explained that the Board should hold some informational meetings to explain the MRC and invite people to learn how to participate in their local area addressing local issues. From there they will find opportunities to participate in on going training and maybe become able to assist in regional groups if needed. Dr. Fazen noted that this is much like the old Civil Defense Program. Mrs. Sacco offered to distribute the letters to the schools to go home in “Thursday Packets”. Letters should also be sent to the Head Masters of the private schools in town. We will try to get the Cordaville Hall for one evening and one afternoon. Notice of the Informational meeting will be put on Cable, in the Villager, MetroWest Daily News, Telegram; it will be sent to all Board or Commission Chairman, Police and Fire Chiefs, Southborough Medical Group, Algonquin Principal, Northborough/Southborough Superintendent of Schools, School Nurses, Private Schools, and Civic Organizations. A letter of thanks and an invitation will be sent to the two people who responded after the first Board of Health Mailing on Family Emergency Planning. Mrs. O’Leary will provide the Board of Health Office with Posters and Flyers that can be used to advertise the program. Volunteers will sign up to participate in the MRC, receive credentialed bar code identification, and be scheduled for training sessions where additional informational forms will be filled out. The training will take place at three (3) or four (4), one (1) to two (2) hour sessions. Mrs. Luther will be required to find training rooms once training times are scheduled. Mrs. O’Leary will provide Southborough with a list of where other Training Sessions will be held so that volunteers can go to other towns if those schedules are more compatible with their schedules.
COOP – review and completion tabled until next meeting.
Mutual Aid Agreement – The request to have Town Counsel review the Mutual Aid Agreement for the Board of Health and another town has been denied until the next fiscal year because there is no money in the account to pay for the review.
NOTIFICATION OF ACTIONS BETWEEN MEETINGS & PENDING ITEMS
Mr. Pisinski told the members that he has received the Scope of Service regarding the testing of the Carroll well. He signed the agreement but the Board of Selectmen will not take up the issue until their May 23rd meeting.

BUDGET Vouchers totaling $370.13 were approved for payment by the Board Members from the Board of Health Budget, and Vouches/Transaction signed by Public Health Director were as follows: Quick Print – $280.00 coping Emergency Preparedness Letter; MHOA - $35.00 Community Sanitation Seminar, Corporate Express - $65.33 office supplies
NEW BUSINESS
Proposed Septic Plan for New Office Building at 134 Turnpike Rd (access off Breakneck Hill Rd.). This proposed system is for 3747 gallons per day (gpd) - Mr. Pisinski explained the details of the subsurface sewage disposal system (SDS) plan and the item that he wanted either changed or better defined on the plan before he will recommend that the Board sign a construction permit. The issues included such things as: noting the size of the pipe exiting the building, requiring a closer water supply source next to all pump chambers for testing, requiring “thrust blockers at the corners of the piping system, more manholes, and etc. He explained to the members that the property owner had submitted an Operation and Maintenance Schedule(O&M), but will also be required to provide the Board of Health Office with copies of contracts for maintenance of electrical components, engineering, mechanical and a hauler/pumper to assure compliance with the O&M. The Board voted unanimously to have Mr. Pisinski review the revised plans once they are submitted to the office and then contact the members to come into the office to sign the permit and plans. Dr. Fazen asked Mr. Pisinski to let the engineering firm know that they expect more complete plans to be submitted for review in the future.

Reorganization of Board
Dr. Louis Fazen was re-elected to the Board of Health for another 3 year term. Members Ruth C. Brefka, and Nancy A. Sacco encouraged Dr. Fazen to continue in his role as Board Chairman, thanking him for the hard work and the success he has had in the previous three years. Dr. Fazen agreed to remain as Chairman.

Planning for Mr. Pisinski’s part-time service and retirement – Prior to the meeting Mr. Pisinski provided each Board Member with several scenarios of how the staffing of the Board of Health might look upon his retirement. The Board and Mr. Pisinski discussed several scenarios. Mr. Pisinski explained that he felt it would be good to have some continuity as he leaves, stating how helpful it was to him when he first began working for Southborough that the then Chairman and Members were very familiar with the land and the town. Mr. Pisinski believes that a staff member or a consultant/contract employee should be trained before he/she assumes the full responsibilities of being the “agent” for the Board of Health. Mr. Pisinski briefly explained the basic required duties of a Board of Health.
Dr. Fazen suggested that one scenario could be to hire someone from another town who is already familiar with the responsibilities of a Board of Health or to regionalize with another town such as Ashland. Mrs. Sacco questioned how remuneration would work with regionalization, and how the budget would be proposed to the Town Meeting. Dr. Fazen also suggested the possibility of hiring an intern to work with Paul over the next three years using the benefit of his knowledge to then take over for Paul. Paul expressed concern about an “intern”, stating that he thinks a good candidate would be someone with some knowledge of Public Health issues who could be guided in how to do things as he also got any certifications that he/she was lacking at their hiring. Mr. Pisinski suggested that a contract person could be used for food inspections, swimming pools, and day camps. Mrs. Brefka asked if Mr. Pisinski’s position had to be posted first within the town. Mr. Pisinski suggested that the best course is to advertise and see what type of response we get. If we use contract people then we can whittle down the salary and maybe have a ¾ time person. Dr. Fazen said that the Board needs someone like Mr. Pisinski to coordinate all the regulations and information, for issues such as we had tonight. Mr. Pisinski explained that often time Mrs. Luther coordinates things to make it look like he has done them. Dr. Fazen asked if Mrs. Luther had anything to do with the information gathering for this evening’s issues and Mr. Pisinski advised that she had, saying that she is familiar with several of the regulations enforced by the Board of Health. Dr. Fazen stated that the there must be team work in the staffing going forward so that the Board can be prepared to deal with residents/business people who may not understand the charge of the Board of Health.

Additional 2 hours for the Public Health Nurse – Noting that the additional two (2) hours of pay for the Public Health Nurses position was approved at the Town Meeting, Dr. Fazen asked Mrs. Chamberlin how she planed on using her extra time. Advising that it is hard to predict, Mrs. Chamberlin said that everything depends on what comes into the office. Often communicable disease follow-ups come in waives and then things are quite for awhile. She hopes to have time to attend some of the Public Health conferences that are offered so she can keep the Board and the Town abreast of the latest Public Health Nursing issues. However, she reminded members as she has in the past that the Town has been very fortunate so far, and one case of TB could take up all her time and then some. Mrs. Chamberlin is also an ER nurse and works with a doctor who is involved with MRC in New Hampshire. She gave Mrs. O’Leary a copy of a template to apply for grant money from the Federal government for MRC activities.

The site walk at 15 Mt. Vickery Rd. at the request of Mr. John Gulbankian was discussed. Mr. Pisinski explained to the members that offering Mr. Dean, Mr. Gulbankian’s engineer, an appeal was not necessary. Neither Mr. Dean nor Mr. Gulbankian is the applicant, and appeals are given to applicants who disagree with the Board’s findings. Mr. Pisinski explained that Mr. Dean has contacted other Engineers and Developers in the area and asked them about the “tributary”. He was told by all he contacted (Peter Bemis, Bruce Saluk, and Jose Martins) that there is no tributary in the location that Mr. Gulbankian believes there is. Dr. Fazen asked if Mr. Pisinski was satisfied that the septic systems at 16 and 18 Mt. Vickery would not pollute the area, and Mr. Pisinski stated that he was. If the issue is water rushing down the hill, that would be a storm water drainage issue and would be addressed as such. It was decided that a copy of the minutes from the April 7th Special Meeting would be sent to Mr. Gulbankian.

The meeting adjourned at 10:05 PM

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