The meeting convened at 1:00 PM. Present were Timothy P. Stone, Ruth C. Brefka, Public Health Director Paul C. Pisinski and Secretary Barbara M. Luther. Dr. Louis Fazen was not present.

The minutes of the June 22, 2004 were approved with one clarification.

Vouchers totaling $595.65 were approved for payment from the Board of Health Budget. A voucher of $1,622.00 was approved for payment out of the Emergency Preparedness Grant.

Members were briefed on the agenda and any scheduled appointments.

The following License(s) signed by the Public Health Director:
Food Lic. #240228 – John T. Ashley dba Bar-B-Q Express

The following Permit(s) were unanimously approved and signed:
Septic Permit
SDS #2002072 – 54 Sears Rd. (74/70) Revision 6 Bedroom
SDS #2004033 – 178 Southville Rd. (2/49) Complete Replacement 3 Bedroom Local Upgrade approved; reduction in separation to groundwater from 4 ft. to 3 ft.
SDS #2004034 – 10 Learned St. (47/52) Complete Replacement 3 Bedroom Local Upgrade approve: reduction in setback to a slap on grade from 10 ft. to 7 ft. Reduction of 25% in the size of the S.A.S.
SDS #2004035 – 34 Main St. (54/9) Complete Replacement 4 Bedroom Local Upgrade approved reduction in separation to groundwater from 4 ft. to 3 ft.
SDS #9901074 – 88 Fisher Rd. (81/6) Revision 6 Bedroom
SDS #2002085 – 11 Barn Lane (72/6) Update 5 Bedroom
SDS #2004036 – 37 East Main St. (55/30) Complete Replacement 3 Bedroom
SDS #2000020 – 10 Schipper Farm Ln. (81/6) Update & Revision 6 Bedroom

The Following Permit(s) were NOT Approved:
SDS #2004037 – 218 Turnpike Rd. (28/09) Complete Replacement Commercial - Mr. Pisinski reviewed the proposed plan with the Board Members. Although the plan is basically in compliance with the Title 5 Code, there are several things on the plan, which need to be corrected; such as the locus, and the addition of clean-outs at the bends in the pipe. Mr. Pisinski was asked to remind the property owners that they will need a permit for their Non-Hazardous Waste Holding Tank from D.E.P., but the Town of Southborough requires a copy of the plan. If the corrections are made to the Board’s satisfaction, Mr. Pisinski will call each member to come into the office and sign the permit and corrected plans.

DISCUSSION
Southborough Board of Health v. Robert Heavey, Trustee of 84 Turnpike Rd. Trust
Mr. Pisinski reviewed, for the Board, the history of events regarding the property at 84 Turnpike Rd. (A.K.A. 2 Woodland Rd.). As long as seven years ago inspections were done that indicated that the cesspools on the property were in failure due to the fact that they are sitting in the water table. The property is also in violation of several Conservation Commission and Zoning regulations. On June 24, 2004, the Board of Health sent a letter to Mr. Heavey as trustee of the property again advising him that the subsurface sewage disposal system serving the buildings on his property were in failure and advising him of the options; beginning the repair process within 60 days, abandon all activity and vacating the premises and therefore discontinuing all uses which generate daily sewage flow, or personally appealing the Board’s decision at a Board Meeting. Town Counsel, Aldo A. Cipriano was sent a copy of the letter and subsequently sent a letter to Mr. Heavey’s Attorney advising him that the Town/Board of Health must receive a schedule for compliance with the Board’s letter by August 6, 2004 or he would pursue other available administrative and judicial remedies.
Mr. Pisinski advised the Board that he had received a call from Attorney Murphy on August 4, 2004 asking what the Board of Health wants his client to do, and asking for time to decide between his options. Mr. Pisinski explained that the letter described what must be done and that he could have time to decide as long as he closed down all activity on the property. Attorney Murphy agreed to provide a schedule, however, the Board of Health Office has received none.
The consensus of the Board was that if no action toward resolving the problem has begun by the September meeting, the Board will be forced to begin the process of closing all operations taking place on these properties.

Housing/Sanitation Code (Chapter 2 Minimum Standards for Human Habitation) Mr. Pisinski advised the Board of the status of several housing complaints that have recently been received by the Board of Health Office. These issues ranged from rental properties to private properties, and came from sources such as the Southborough Fire Department, neighbors, and the Department of Social Services. The Department of Social Services had asked Mr. Pisinski to participate in their inspection because children were involved. Dr. Stone suggested that Mr. Pisinski should participate. Mr. Pisinski reminded the members that the Department of Public Health has advised that Boards must be very careful in getting involved with anything that doesn’t clearly indicate a public health problem. Regarding another private housing issue Mr. Pisinski and Dr. Stone reported that a church in town has begun to provide care and shelter for an individual living in an un-sanitary housing condition. A third private home was declared uninhabitable last winter and the owners have arranged, with the Town to have it sold for back taxes. The rental property complaint was investigated and Mr. Pisinski has spoken with the property owner. The complaining tenant has moved and the property owner has begun repairs. Mr. Pisinski expects to be contacted shortly to perform an inspection of those repairs.

Old Business
Mrs. Brefka asked Dr. Stone and the staff if there had been any progress regarding the issue of dating prepackaged foods and also wanted to follow-up on Dr. Fazen’s wanting to make a motion via e-mail. Mr. Pisinski had advised Mrs. Brefka that a person must be present and cannot make a motion by proxy, but Mrs. Brefka asked to see some documentation of this requirement. It was suggested that the Town Clerk’s Office might be able to provide the documentation. Mr. Pisinski indicated that the term commonly used is “Present and Voting”.
Regarding the dating of prepackaged foods; Dr. Stone asked Mr. Pisinski to speak with several of his associates in the Public Health field to see what they are doing with regards to this issue. Dr. Stone believes that the State Food Code is lax in addressing this issue. Mr. Pisinski was asked to report to the Board at the September meeting.

Mrs. Brefka advised that she had spoken with Marcia Bennes of the Massachusetts Association of Health Boards regarding the Certification Course that she and the secretary are scheduled to take. Ms. Bennis told Mrs. Brefka that a CD would be sent to the office before the course so that attendees could get an overview of what would be covered during the course.

Mrs. Brefka again stated her interest in addressing the issue of obesity, especially in children.

Dr. Stone explained that he had spoken with Dr. Fazen regarding a meeting date and time. Dr. Fazen had suggested Tuesday, August 17, 2004 in the evening. Mrs. Brefka and Dr. Stone decided that a meeting would be posted for 8:00 PM on Tuesday, August 17, 2004 and will be held in the Board of Health Office, because the Selectmen meet in the Hearing Room. Dr. Stone asked the secretary to contact Dr. Fazen advising him of the date, time and location of the meeting and then to post the meeting.

The meeting adjourned at 3:35 PM

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