Southborough Banner


Board of Health Meeting Minutes

June 8, 2004

The meeting convened at 1:04 PM. Present were Timothy P. Stone, Ruth C. Brefka, Public Health Director Paul C. Pisinski and Secretary Barbara M. Luther. Member absent, Louis Fazen, III.
The minutes of the May 11, 2004 were approved as written.
Vouchers totaling $743.60 were approved for payment from the Board of Health Budget.

Members were briefed on the agenda and any scheduled appointments.

The following License(s) signed by the Public Health Director:
Jeff Uhlman Brendon Homes – Installer
Joseph Quinn J. D. Quinn Construction Co. – Installer
Dan Duprez Rodenhiser Excavating, Inc. – Installer
David M. Zercoe Titan Contractors, Inc. – Installer
Michael J. Amiro Titan Contractors, Inc. – Installer
Kent Blades Kent Blades Excavating Co. – Installer
Well Permit 18 Clemmons St. (69/22) NEW Well – American Artesian Well Co. Inc.

The following Permit(s) were approved and signed:
Massage Licenses
Massage Therapist Lic. #240504 & Massage Establishment Lic. #240504 Marilyn Ann Taylor dba Marilyn Ann Taylor
Massage Establishment Lic. #240506 – Stephen F. Loughlin dba Larger Life Chiropractic
Massage Therapist Lic. #24507 – Rita Maria Costa dba Larger Life Chiropractic
Massage Therapist Lic. #240508 – Deborah N. Walker dba Cheribino Health Center
Massage Therapist Lic. #240510 & Massage Establishment Lic. #240504 Sauli Antero Murtoniemi dba Sauli’s Massage
Massage Establishment Lic. #240511 & Massage Therapist Lic. #240512 Helen Lien Nguyen dba Helen Lien Massage Therapy
Massage Establishment Lic. #2405014 - Aycan Daysal dba Salon Charisma
Massage Therapist Lic. #2405015 – Carla Miranda dba Salon Charisma
Massage Establishment Lic. #2405016 – Ronald Cherubino dba Cherubino Health Center
Massage Therapist Lic. #2405017 & Massage Establishment Lic. #2405018 – Susan Amesbury Stone dba Stone Health Center
Septic Systems
SDS Permit #9501005 – 1 Kennedy Lane (83/28) Revision 4 Bedroom
SDS Permit #2004026 – 33 Ted Lane (9/56) Update NEW 4 Bedroom
SDS Permit #2004027 – 2 Ward Rd. (49/2) Complete Replacement 4 Bedroom - Raised System
SDS Permit #2004028 – 14 High St. (40/15) Complete Replacement 4 Bedroom
SDS Permit #2004029 – 23 Richards Rd. (8/15) Complete Replacement 3 Bedroom
SDS Permit #2004030 – 28 Clifford Rd. (35/39) Complete Replacement 4 Bedroom

The Following Permit(s) were NOT Approved:
SDS Permit #2004031 – 55 Boston Rd. (55/82) New 4 Bedroom The Board signed only the plans for this application. There is no Approval Not Required (ANR) plan approved by the Planning Board, and there are questions regarding how the developer is getting frontage on Boston Rd. The Conservation Commission has issued an Order of Conditions, which has been challenged by a neighbor. The Board signed the plans to enable the developer to go before the Planning Board with assurance that the Board of Health approves the proposed subsurface sewage disposal system. The permit will be signed after the ANR is filed and a certain address and map/parcel number is issued.

DISCUSSION
License/Permit Approval and Signing Board Chairman, Dr. Timothy Stone suggested and Member Ruth Brefka agreed that Public Health Director, Paul C. Pisinski be authorized to sign all license renewals with any new license applications coming before the Board. Dr. Stone felt that this would expedite meetings but still allow the Board to maintain control. The secretary advised the members that in 2003 the Board voted to allow Mr. Pisinski to approve and sign several types of licenses and permits, both for renewals and new applications. The secretary later found the following list, which was agreed upon on July 22, 2003: Massage practitioners and establishment license, all tobacco sale permits, all septage hauler licenses, conventional septic system installer’s licenses, private well permits, public and semi-public pool permits, and all summer camp permits. Mr. Pisinski suggested and the Board agreed that he should sign all “Updates” in the future. Updates are septic system plans that have been reviewed and approved by the Board and issued a one (1) year construction permit, however construction has not begun on the system during that year. A letter from the design engineer accompanies each Update stating that nothing has changed since the Board first approved the permit. Mr. Pisinski will process and approve all Updates.

Annual Board re-organization – choose chairman, officers, etc. This Discussion Item was again tabled until a full compliment of Board Members is present.

Next Meeting date and time Until such time as this can be discussed by the full compliment of Board Members, the meetings will continue on the second and fourth Tuesday at 1:00 PM in the Thomas McAuliffe Hearing Room. Ruth Brefka suggested that during the summer months the Board not meet so often. This could be facilitated if the Board agreed to allow Mr. Pisinski to sign all Complete Replacements. It was decided that the next meeting would be held on June 22, 2004 and after that the Board can consider not meeting so often during the summer months.

Contract with Interim Health Nursing Service will expire June 30, 2004 The Board’s contract with Interim Health Care to do communicable disease follow-ups and to run the Board’s Flu Clinic will expire on June 30, 2004. Due to the budget cuts made at the annual town meeting, the Board will not be able to fund communicable disease follow-ups and will have to restructure the flu clinic and possibly charge a nominal fee. The Board asked Mr. Pisinski to contact Interim Health Care and ask them to come to the next Board Meeting to present a proposal as to how they might be able to provide the flu clinic on a pay per shot basis keeping the costs under $20.00.

Issuing Order to Mr. Heavy for unauthorized use of building at 2 Woodland Rd. At 2:00 PM Building Inspector, Peter Johnson and Conservation Commission Administrator, Kathy O’Brien arrived to participate in a discussion regarding the use of the property at 2 Woodland Rd. and the subsequent violation of the Title 5 Code, which is occurring on that site. The property is being leased to Albert Pearl of “Iron Horse Tractors” who is using a portable toilet rather than bringing the system into compliance with the Title 5 Code. Mr. Pisinski provided each member with a copy of a March 25, 2003 letter, which was sent to Town Planner, Vera Kolias advising her that in the Board’s opinion the cesspool is in failure. The letter outlined what would have to be done for the property to come into compliance with the Title 5 Code. He also provided each member with a copy of an April 29, 2003 letter to Peter Bemis of Engineering Design Consultants in response to Mr. Bemis’s proposal of using a tight tank in place of the failed cesspool. The letter explained that D.E.P. as well as the Board of Health must approve any tight tank, and the petitioner is required to show that all possible solutions, other than the tight tank, have been exhausted. Since Mr. Heavy owns three (3) contiguous parcels, which D.E.P. considers one “facility”, he does possess the means to construct a fully compliant Title 5 System.
Mr. Johnson advised the Board Members that he has issued a “Cease and Desist Order” to Mr. Heavy because he never applied for a site plan review. He also explained that the Planning Board wants Mr. Heavy to come to a Planning Board Meeting to get the issues resolved, but Mr. Heavy’s past practice has not been very cooperative. Ms. O’Brien advised the Board of the Conservation Commission’s issues and concerns regarding the filling of wetlands surrounding the property, which date back to 1997, and the disposal of fluids into the wetlands. Once fined, Mr. Heavy complied for a short while, but has not complied with the April 1 order from the Commission. Mr. Johnson and Ms. O’Brien hope that the Board of Health would join the other Boards in their attempt to bring the property into compliance with town and state regulations.
Timothy P. Stone, suggested that the Board of Selectmen should get involved with the problem. Mr. Pisinski suggested that the Board of Health instruct him to write to Mr. Heavy regarding the Title 5 Code violations; require Mr. Heavy to conduct an official Title 5 Inspection and have it submitted to the Board of Health. A copy of the letter would be sent to the Board of Selectmen, the Conservation Commission, Zoning Board of Appeals, Planning Board and Town Counsel, Aldo Cipriano.
Betterment Loan Program
Request for funding of partial repair – the Board Members were given a memo from the secretary advising them of the activity in the Betterment Loan Program, a recent drawdown request and an application for a loan on a partial repair of the system at 5 Leonard Dr. The property owner had applied previously and was denied, due to lack of funds. The soil absorption portion of the 1997 septic system has now failed and the property owner has again applied for a loan from the Betterment Loan Program. The secretary wanted the Board Members to make the decision to amend the previous guidelines of the program. Members approved the application. Notary Public, Kathy O’Brien came into the meeting to notarize the Chairman’s signing of the Betterment Agreement.
Chairman signing of $200,000 Drawdown Request The Chairman signed the $200,000 additional drawdown of money for the Betterment Loan Program
Secretary’s letter of request for remuneration The secretary presented the Board Members with a letter of request for remuneration for administration of the Betterment Loan Program that she has been doing for the last two years. She explained that the town had paid the consulting firm Northbridge Environmental Management Consultant, $3000 a year to administer the program. Two years ago the consulting firm found that it was not profitable for them to continue to provide the service, ending their relationship with the town. The secretary has taken on the duties once performed by the consulting firm, and as these administrative duties exceeded her job description she is requesting compensation for the extra work.
After much discussion the two members present agreed to approve an invoice for $1,000, which will be presented to them at the next meeting. The invoice will be paid from the Betterment Loan Grant, which was set up to pay for management/administration of the program. The members also suggested that if the secretary feels that the duties she is performing on a regular basis are over and above her secretarial job description, she should consider going through the process of changing her title to the next grade level of Administrative Assistant. The secretary has considered this in the past, but understood that the budget wasn’t sufficient to accommodate the pay increase the change in grade would initiate.
During the discussion the need for some sort of a revolving fund to pay for expenses incurred in managing this program and others, such as food inspections was addressed. Mr. Pisinski will begin the process of establishing such a fund, which must have approval at a Town Meeting, after through review by Town Counsel.

Preliminary discussion pertaining to the establishment of a Five (5) year Operations Permit for “large” septic systems Mr. Pisinski presented a “Proposed Septic System Operations Permit Regulation” for review by the Board. He explained that several large systems along Rte. 9 and in the schools, as well as the large “alternative” condo and shared systems are not being properly maintained, and the Board of Health has no mechanism to ensure their maintenance. Mr. Pisinski’s proposal would require each of these systems to obtain a five-year “Operations Permit”. This would give the Board the ability to enforce the D.E.P. mandated Operations and Maintenance Schedules of Maintenance. Operations and Maintenance Schedules require either quarterly, semi-annual or annual reports be submitted to the Board of Health, which is not being done. This 5-Year Operations Permit would give the Board a means to ensure that all requirements for testing and reports are met; if the Board has not received the required reports at year four (4) of the 5-year permit, a very firm letter would be sent advising the property owner that if they don’t complete all required testings and reports they will not be granted a permit for another 5-years.
The Board Members took Mr. Pisinski’s proposal home to review for discussion at the next Board of Health meeting.

Morbidity and Mortality Weekly Report (MMWR) After learning the Dr. Fazen wished to purchase a subscription to MMWR, Dr. Stone researched and learned that it can be accessed for free over the Internet.

Region 4A Grant of $2,142.56 Mr. Pisinski explained what he and Dr. Fazen had decided to do with the $2,142.56 Emergency Preparedness Grant from the State. The Board will purchase 2 radio phones, which would not go out of service if the phone lines and cell towers were down in the event of an emergency. Each town in the region has been promised a laptop computer and Mr. Pisinski and Dr. Fazen felt that getting a GPS compatible with the laptop would be a wise purchase. There will also be sufficient funds to pay for the new members course offered by the MAHB.
Dr. Stone asked if Mr. Pisinski had spoken to anyone about a generator to keep the Town House “alive” during an emergency. Mr. Pisinski advised that Facilities Manager, Basilio Diaz had said that it would be discussed at the next Safety Meeting.

OLD BUSINESS
Food Labeling Dr. Stone said that he wanted to continue to research the issue of labeling prepackaged food with the date it was made and the point of origin. The old State Food Code used to require that and Dr. Stone can’t understand why the state has accepted the Federal Regulations, which don’t require what he believes to be a very necessary part of protecting the Public Health. Mr. Pisinski stated that initially it was considered easier to adopt the Federal Food Code. Dr. Stone will speak to the State regarding his concerns.

Upper Blackstone Water Pollution Abatement District Mrs. Brefka asked Mr. Pisinski if he had made any progress in locating a treatment plant that will accept grease and waste from restaurants, etc. Mr. Pisinski advised that the plants that he contacts don’t return his calls. He will continue to pursue the matter. Septage Haulers are also looking for places.

The meeting adjourned at 3:57 PM

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