The meeting convened at 2:05 PM. Present were Chairman Louis Fazen, III, Members Ruth C. Brefka, and Nancy A. Sacco, Public Health Director Paul C. Pisinski, Public Health Nurse, Leslie Chamberlin and Administrative Assistant Barbara M. Luther.

The minutes of the June 7, 2006 were tabled for review at the next meeting.

Vouchers – no vouchers were presented at this meeting.

Members were briefed on the agenda and any scheduled appointments.
Mr. Pisinski briefed the members regarding the Subsurface Sewage Disposal System Plans before them for review, explaining that if the Board approves one of the two (2) plans coming before them that D.E.P. will also have to approve the design. This is because one of the system designs contains a tight tank and the Title 5 Code requires that the evidence must support that a tight tank, which only contains the effluent and must be pumped regularly is the best way to treat the effluent generated on the site.
Mr. Pisinski also told the Board that the agenda included various scenarios for future staffing of the department, and Medical Reserve Corp/Pandemic Flu issues. He advised the Board of (2) two new plans, on which variances are requested that just came into the office stating that it may be necessary for the Board to meet in August.
Unfortunately, it was determined that during the month of August it will be impossible to have a quorum available for a meeting. The next Board of Health Meeting is scheduled for Wednesday, September 6th at 2:00 PM in the Thomas McAuliffe Hearing Room.
PETITIONS/PUBLIC HEARINGS
90 Turnpike Rd. Request for Approval of Tight Tank - Mark Houle, Connorstone Engineering arrived at the meeting at 2:15 PM to present a septic design plan for 90 Turnpike Rd. a.k.a. 2 Woodland Rd. He explained that after numerous soil test holes both he and Mr. Pisinski came to the conclusion that a tight tank is the best system for this site, which now has a failing cesspool. All test holes encountered water at four (4) feet, there is a wetland very near to the site which requires a 100 foot setback from a soil absorption area, and the soil absorption system must also maintain a 200 foot distance setback from a tributary to the reservoir that runs near the site. Mr. Houle explained that he used calculations based on 54.25 gallons of effluent per day or 1,600 gallons per month when he designed the plan with a 2,000 gallon tank. If approved by both the Southborough Board of Health and the D.E.P., the fact that there is a tight tank on this property will have to be recorded at the Registry of Deeds along with the requirement that it must be pumped monthly in perpetuity. Mr. Houle has also developed an Operations and Maintenance Manual (O&M) which require an annual inspection with an annual report sent to the Board of Health after each inspection.
Mr. Pisinski explained the history of the site including all the soil tests he has witnessed and the different engineering firms that have been involved with the site, the different designs, and the issues with the Conservation Commission.
Attending the meeting was a neighbor to the property, Mr. Roger Challen, who asked to address the Board of Health regarding the practice of Mr. Heavey not doing what he promises to do and asked how the town intends to “police” his actions. Mr. Challen asked what might happen if this tight tank system failed. Mr. Pisinski advised that the effluent would either seep out the manhole cover next to the tractors on the lot or backup into the toilet in the building. Discussion continued on how to enforce proper maintenance of the system and Mrs. Sacco suggested that a fine be levied if even one month is missed. Mr. Pisinski advised that if the O&M indicates these specific requirements, the Board would be able to fine the owner operator for not being in compliance with the O&M. It was suggested that the Board review the system after one year to see if monthly pumping and annual monitoring is being done, however, Mrs. Sacco suggested that the Board review the issue again in six (6) months to see if the pumping is being done monthly, if not then a fine would be levied.
Dr. Fazen asked how the Board can insure that no one moves into the upstairs area of the building and Mr. Pisinski advised that under the Title 5 Code any change of use must be presented to the Board for review. The Board could shut down the building if someone moved in and used the building as a residence.
Mr. Challen, speaking about the Conservation issues, stated that he believes that Mr. Heavey is “playing one board against the other”, and asked why the Board of Health didn’t take Mr. Heavey to court last fall. Dr. Fazen stated that the Board had passed the issue to Town Counsel in September believing that the issue would go to Superior Court. Mr. Pisinski explained that Town Counsel was extremely busy with the so called Beal’s Property, Mr. Heavy’s application for an Installer’s License and other issues and that may have kept him from bringing the Heavey issue before the courts.
Discussing the time table that will have to be met before construction can begin on the system Mr. Pisinski advised that the plans if approved by the Board must then go to the D.E.P., if they do not respond or comment within thirty (30) days than it is considered an approval of the plan (presumptive approval). Therefore, the earliest an “official” permit would be issued would be August 9 or August 20. To the question of how long a permit is valid, Mr. Pisinski stated, one year.
Dr. Fazen stated that something must be added to the “special conditions” on the permit to require that the existing system be pumped every week until the new system is installed and functioning. The conditions attached to the permit will not allow a port-o-john to be used.
Mr. Pisinski asked Mr. Houle if Mr. Heavey has any outstanding issues with the Conservation Commission that would delay the start of construction. Mr. Houle advised that the system is now outside of the 100 ft buffer zone and so should not be an issue with the Conservation Commission, however, a Request for Determination must be filed.
The Board unanimously voted to accept the proposed plan to install a tight tank to service 90 Turnpike Rd. a.k.a 2 Woodland Rd. A condition of the permit will be that Mr. Heavey sign an additional page of the permit stating that he accepts and will abide by the condition of having the existing cesspool pumped every week until a Certificate of Completion and Compliance is issued for the new system and the old system is decommissioned. If this is not done the building will be closed down.
Robert Heavey, 88 and 84 Turnpike Rd.
Both of these properties have failing systems. 84 Turnpike Rd. is an 8 bedroom system with a septic tank. This is a revision to an existing approved plan, which brings the system closer to the building, and meets all the Title 5 Code requirements. Both Dr. Fazen and Mrs. Sacco asked what the Board could do to insure and expeditious construction of the newly approved system. It was moved, by Mrs. Sacco, seconded by Mrs. Brefka and unanimously agreed to by all Board Members that a special condition will be added to the permit. The existing tank must be capped and used as a “tight tank” to be pumped weekly; failure to pump the system weekly could result in the building being closed down. Mr. Heavey will be required to sign this portion of the permit stating that he understands and accepts this requirement.
88 Turnpike Rd. has a failed cesspool. It has failed because it has less than on half days capacity for effluent. It was unanimously voted by the Board that this cesspool will also have to be pumped weekly as a condition of approval, just as is required at 84 and 90 Turnpike Rd.
Mr. Challen asked if Mr. Heavey was licensed to install septic systems in Southborough, and was advised that he had met all requirements for licensure in Southborough and therefore, was issued a license. Mr. Challen asked how the Board was going to ensure that the systems were installed as soon as possible. The Board responded that weekly pumping is an incentive. Mr. Pisinski also expressed the hope that Mr. Heavey’s engineer, would file for determination quickly and that the Conservation Commission would act expeditiously.

REPORT ON CORE DIRECTIVES
Emergency Preparedness
Dr. Fazen thanked Mavis O’Leary for assisting Ruth Brefka and Nancy Sacco in running the first 2 MRC Informational meetings.
Mrs. Sacco reported that she and Public Health Nurse, Leslie Chamberlin had come into the office in early July and contacted several other Massachusetts towns regarding their status with MRC planning. Most of the towns that are further ahead of Southborough have grouped together with other towns to share resources. Maynard and Stow seem to be doing well. Mrs. Sacco report that Region 4B is already doing CORI checks.
Mrs. O’Leary advised the Board that Region 4A had thought that it would be doing CORI checks for member towns, but have decided not to do them. Mrs. Brefka and/or Mrs. Chamberlin offered to speak with Pam LaFrancios about having her assistant Carol possibly do the checks for the Board of Health. The Police Department will not do them for the Board of Health. A concern arose about the Board Members receiving CORI or SORI information regarding a person that created a possible issue. What would they do then? Mrs. O’Leary suggested that the Board speak to Town Counsel regarding liability etc. Dr. Fazen suggested that it might be good to ask the Senior Center Director and her Assistant to come to a Board of Health meeting. Mrs. Sacco and Mrs. Chamberlin reported that the North East MRC is working closely with their Civilian Emergency Reserve Team (CERT), which we call our Local Emergency Planning Committee (LEPC), however, there is a “none to poor” history in Region 4A of towns working together, with some larger towns not wanting to share information or personnel. The consensus of the Board is that Southborough’s MRC will do what we can do locally within the town, hoping to involve Public Safety and the LEPC. Public Safety personnel would not have the same responsibilities during a pandemic crisis as Public Health personnel would have but they would be needed as part of a response. The Southborough Board of Health sees Public Health personnel being “grafted in” as part of the LEPC. Mrs. Chamberlin explained a drill she had participated in, in Marlboro where the Fire Department was in charge with health personnel coming under their command. She believes that with this scenario much of the infrastructure is already in place.
Mrs. Luther was asked to publicize on the cable that the Board of Health is looking for all types of individuals to participate in the MRC. Dr. Fazen suggested that the Board Members need to decide individually if they want to join the MRC and who will “own” the program. Dr. Fazen would like to see a flow sheet of what needs to be done in establishing an MRC so that completed items can be checked off and it will be easy to see where the town is in the process. He advised that an additional $985.70 check should be given to Southborough from the Department of Public Health, but that the money must be spent by August 31. A plan for use of the money must be into Region 4A by August 10.
The Board Members decided to begin to purchase the following items to equip the MRC volunteers: 50 Personal Protective Kits
50 Vests Printing of Core Competencies Requirement Brochures
Sending one more Town Official, possibly a Selectmen to the MHOA Conference
Mrs. Luther is to have the “Pandemic Flu Web Site” placed on the cable and Board of Heath Web Page.
Mrs. Luther asked the Board and Mr. Pisinski to give her some direction on the amount of time she is to spend on MRC activities. She and Mr. Pisinski explained her responsibilities to the public, and provided each member with a breakdown of her time without MRC activities factored in. Mrs. Luther explained that she is here to assist in the administration of all the Board of Health directives and directions. However, she needs the Board of Health Members and Director to make a determination on how much time should be spent on the new Emergency Preparedness tasks needing implementation as well as with other current/ongoing responsibilities. She asked the Board to take a look at how the office is to be run in light of the Board’s Core Directives and the role of the Title 5 Code requirements in a town with no public sewer. Right now Title 5 Code takes up the majority of her time in administration, tracking and dealing with the public. Although no vote was taken during a brief discussion the consensus of the Board seemed to be that Mrs. Luther should work on Emergency Preparedness items only as time permits, continuing to maintain the same level of involvement in Title 5 Code administrative duties and assistance to the public as has been the practice before Emergency Preparedness became part of the Board of Health directives.
Wellness/Obesity – a copy of an article from the New England Journal of Medicine on Obesity was provided to each of the members for their review by former Board Member Dr. Timothy Stone. All members agreed that the article was very informative.
NOTIFICATION OF ACTIONS BETWEEN MEETINGS & PENDING ITEMS
Licenses
260604 Paul M. Rossi Paul M. Rossi, Inc. Installer
260605 Barbara Tessier/Dick Becker CPO First Step Children's Center Pool Permit
260606 James E. Benedict James Benedict Installer
260607 David Bartolini Bartolini Builders, Inc. Installer
260608 Stephen D. & Nancy Morris Morris Funeral Home Funeral Director
260701 Donald J. Morris D. J. Morris Contracting, Inc. Installer
Septic Systems
Permit Number St. No. St Name Applicant Name Map # Parcel# # Bdrms/GPD Explanation
2006024 8 Sears Rd. John Kelly 52 7B 5 Complete Replacement
2006025 4 Moulton Rd. Susan Melia 8 28 3 Complete Replacement

NEW BUSINESS
Vote on Article for the next Town Meeting - Mrs. Luther provided the Board Members with a draft of an article to be placed on the next Town Meeting (hopefully a Special Town Meeting in the fall). Last year Southborough Board of Health began to bill Medicare and next year will also bill some Senior HMO Plans, for the administration cost of Flu Clinics. The Board would like to use the funds to pay for the cost of the clinic and possibly expand the clinics rather than having the cost of this service as part of the annual budget. A Board of Health Revolving Fund must be established and re-established each year with wording that directs how the money is to be used. A vote on the Article today will facilitate it being ready whenever the next Town Meeting is held. The Board voted unanimously to place the Article on the next Town Meeting Warrant.

Scenarios for future replacement of Public Health Director starting on July 1, 2007
Mr. Pisinski explained scenarios for his replacement once he becomes part-time performing only Title 5 Code related activities. At the June meeting he had provided the Board Members with some scenarios, one of which included Mrs. Luther moving into an Agent position and increasing the hours of the Public Health Nurse and including benefits with her job.. Mrs. Luther has decided that she is not interested in that scenario and therefore Mr. Pisinski reviewed scenarios B and C and provided a modified scenario A to the Board Members for review. The modified scenario as proposed may reduce the total Board of Health Budget, but there is no single Director or “person-in-charge of the office on a daily basis, and office space will continue to be a problem and could even be somewhat exacerbated.
Board Members were concerned about having no one person in charge and don’t want to see the Board of Health Budget get smaller, especially in light of all the new Pandemic Flu and Medical Reserve responsibilities that the State Department of Public Health is placing on individual towns. Mr. Pisinski agreed with the Board Members and reminded them that they need to make the Board of Selectmen and the Advisory Committee aware of the Board’s understanding that the Board of Health Budget is barely adequate as is. Dr. Fazen stated that he feels that every change can be used as an opportunity. He believes that the Board should look into the possibility of using the money generated from Title 5 related fees to pay for the Title 5 Agent, there by freeing up other fund that can be used to address emergency planning and medical reserve corp. activities. Mr. Pisinski suggested that the Board Members invite the town Administrator or a Selectmen to come to the September meeting so that the Board might be able to explain what is needed for the new directives the Board is being required to address.
Request for August Meeting – Mr. Pisinski advised the members about a request for them to meet in August to address some Septic Designs which require Public Hearings. Unfortunately due to vacations it was not possible to get a quorum in August.

Due to lack of time the Board had to table the following items until the September Meeting:
Preliminary subdivision application – EMC Corp
Proposed 80,000 Waste Treatment Facility – off School Street. Board needs to adopt sewer collection regulations
Proposed Equestrian Center/Soccer Fields off Mill Street in Marlboro.
Proposed Chapter 40R Mult-use Residential/Commercial Development off Route 9 and I-495
Title 5 Code As-Built and Certification issues – Public Health Director and Town Counsel may have a solution

The meeting adjourned at 5:45 PM

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