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 and Administrative Assistant Barbara M. Luther.

Debriefing by Staff – prior to Petitions/Public Hearings –
A. Paul C. Pisinski briefed the members regarding two (2) petitioners scheduled to attend the meeting. First, the owner of 132 Marlboro Rd. is requesting a variance in the setback distance of a septic system to a tributary to the Sudbury Reservoir. The system is in failure and the petitioner desires to increase the design flow during the complete replacement of the failed system from three (3) bedrooms to four (4) bedrooms. Mr. Pisinski explained that prior to the 1995 change in the Title 5 Code the required setback distance to wetlands bordering a tributary to a surface water supply was 50 feet, but is now 100 feet and the required setback distance from a tributary to a surface water supply was100 feet, not the 200 feet which it is now. Mr. Pisinski explained the soil conditions on the Cape which precipitated these changes, such as gravel soil and gravel packed wells, which are easily contaminated. Most of the State of Massachusetts is what is called glacial till soil and it is very slowly permeable, therefore, several soil evaluators believed at the time of the change and still do that the required setback distances are excessive. Therefore the state allows towns to vary the distances after holding a Public Hearing and giving MDC the opportunity to comment on the variance. Dr. Fazen stated that in the past the Board has asked for some sort of design that would decrease the potential possibility of contamination, such as an impervious barrier. Mr. Pisinski added that this plan does propose this barrier. Mr. Pisinski explained that in years past the town also devised criteria to assist them in looking at the suitability of allowing a variance such as this one requested, and also explained that the presence of the wetland further treats any effluent before it reaches the reservoir. Mrs. Sacco asked if the Conservation Commission had reviewed the plan and was told that they had. Mr. Pisinski added that the reason for the public hearing was to provide a forum for any additional information that the design engineer or the Board of Health might not have. It is not a venue for neighbors to try and block the development of a neighborhood.

B. Robert Heavey will be requesting that the Board waive their qualification requirements for obtaining an Installer’s License in the Town of Southborough. Mr. Pisinski explained that Mr. Heavey blames the delay in his replacing the failed systems on the property at 84 & 88 Turnpike Rd., and 2 Woodland Rd., (A.K.A. 90 Turnpike Rd) on the Conservation Commission. The Conservation Commission recently issued an emergency order and will allow construction of the replacement systems to proceed. Mr. Heavey is under an order from Town Counsel to begin construction by September 19, 2005 or the issue will go to court. Mr. Heavey wants his company to install the system; however he has not been able to meet the criteria set by the Board of Health to show he is qualified to do the installation and therefore Mr. Pisinski denied his application. Therefore Mr. Heavey is petitioning the Board to override Mr. Pisinski’s decision.

Vouchers
A. Listing of Vouches/Transaction signed by Public Health Director (June FY05, July & August FY06) Corporate Express - $299.37 ($172.34 Encumbered F05), NEXTEL - $109.82 ($59.07 Encumbered FY05), Quick Print- $40.00, Travel - $947.92, Mass Assoc. of Health Boards - $100.00 dues (Encumbered FY05), Mass Assoc. of Health Boards - $60.00 training, Constable John Manzi - $75.00 (Encumbered FY05)
B. One voucher signed by Board Members – NEXTEL $59.48
Listing of any Betterment Loans which have been signed between meetings
A. Betterment Loan #2004-01 – 42 Gilmore Rd. $20,022.00 ($1,508.00 pending)
B. Betterment Loan #2004-02 – 193 Woodland Rd. $31,141.28 (6/15/05 Final Disbursement)
C. Betterment Loan #2004-03 – 54 Deerfoot Rd., $22,000.00 (7/21/05 Final Disbursement)
D. Betterment Loan #2004-04 – 49 Southville Rd., $18,750 (7/21/05 Final Disbursement)
Review Minutes of June 15, 2005 and August 18, 2005 – Approved as written

PETITIONS/PUBLIC HEARINGS
A. Public Hearing 132 Marlboro Rd. – asking for variance in the setback distance of a Soil Absorption System to the Tributary of a Surface Water Supply. - Dr. Fazen opened the Public Hearing at 7:30 PM. Copies of the abutter’s notifications and the letter to MDC were received and logged by the Administrative Assistant. Present at the Hearing were Michael Sullivan, Connorstone Engineering, and property own of 132 Marlboro Rd., Jamison Greene. In making his presentation Mr. Sullivan explained that 132 Marlboro Rd. is a 2.3 acre lot and that his client was requesting that the Board grant a variance to the 200 foot setback to a tributary to a surface water supply. Mr. Sullivan explained that his clients are now living in a three (3) bedroom dwelling with an existing cesspool on this property. Under the Title 5 Code his client would be able to replace the cesspool with a three (3) bedroom system within the 200 feet setback because a system currently exists on the property. However, because his client wants to “increase the flow” to a four (4) bedroom system, the Title 5 Code considers the system “new construction” and therefore it must comply with all the current Title 5 requirements or request a variance. Mr. Sullivan explained that the system as designed is a pumped system and an impervious barrier is provided. The existing system is closer to the wetlands and the tributary than the new design. Due to the slow percolation rate the effluent will actually have better treatment. It is four (4) feet above groundwater with the soil absorption area designed at 32 minutes per inch, which gives it a large area and allows a “bio-mat” to form and further treat the effluent. Dr. Fazen asked if the cesspool is going to be decommissioned and filled with gravel. It was explained that the decommissioning must be witnessed by Mr. Pisinski. The Board was advised that the Conservation Commission had approved the Order of Conditions regarding the wetlands. Members asked about the impervious barrier and Mr. Sullivan explained that it was 40 mil. thick and that it is placed vertically alongside the system. Dr. Fazen asked if an impervious barrier was usual in designs for septic system to which Mr. Sullivan explained that they are only used in specific situations often when the grade on the down gradient side of the S.A.S. is too extreme, or in cases where the design needs to provide additional protection, etc. Dr. Fazen asked if there are any wells in close proximity to this system and both Mr. Sullivan and Mr. Pisinski assured him that there are not. After listening to the presentation and answers to questions Dr. Fazen said that in his opinion the proposed system was an improvement on the existing system, a reasonable size house for the property and had sufficient precautionary measures in the design with the impervious barrier that he felt comfortable moving that the Board of Health approve the septic design as proposed for a four (4) bedroom system and granting the variance request reducing the setback distance from the tributary and wetlands to 140 feet. Members concurred and the variance approval was unanimous

B. Petition by Robert Heavey – Mr. Heavey requested to meet with the Board to discuss his company being licensed to install the septic system at 2 Woodland Rd, 84 and 88 Turnpike Rd. . This is because Public Health Director, Paul C. Pisinski had denied his application for an Installer’s License. Dr. Fazen explained that it is the practice of the Southborough Board of Health to only allow qualified individuals to be licensed as a septic system installer. However, due to everyone’s desire to get the failed systems at 84, 88 and 90 Turnpike Rd. (a.k.a. 2 Woodland Rd.) upgraded to Title 5 Compliant Systems, Dr. Fazen offered Mr. Heavey an opportunity to present evidence as to why he should be licensed to install his septic systems rather than use one of the many approved/licensed installers available in Southborough. Mr. Heavey first explained that he has been ready to correct the situation (of the failed septic systems) for a long time, but has been held up by the Southborough Conservation Commission. Mr. Heavey said that he was told that an Emergency Order of Conditions was sent to him, but he had not seen it yet. Mr. Pisinski summarized the issues that the Conservation Commission had regarding wetland boundary lines, the cutting of trees, and filling in of wetlands. He explained that the Conservation Commission has required that a hydric-soil evaluation be done, because it is more accurate in determining wetlands than vegetation. However, the Board of Health believes that the failed systems are non-point source pollution sites and as such must be repaired as soon as possible. Winter installations are not allowed in Southborough so the Board of Health asked that the Conservation Commission issue an emergency order, which they are allowed to do if there is a public health issue. The boundary issues will be addressed at a later date. Mr. Pisinski gave Mr. Heavey a copy of the Conservation Commission’s Order of Conditions. Mr. Heavey told the Board members that the requirement for an applicant for an installer’s license to be licensed in three (3) other Massachusetts towns is discriminatory. Stating that he has been in the business for forty (40) years and has installed in Holliston, Natick and East Bridgewater, to name a few. He said that because most towns have upgraded to sewer he is not currently licensed in Massachusetts. He interprets the Title 5 Code to say that you have to be qualified to install septic systems, not that you need to be licensed. Because the properties are held in a Trust, any installation proposal would have to be sent to all members of the Trust and it could take as long as sixty (60) days to get all the responses. He believes that with Mr. Pisinski overseeing the installation and the engineer being on site if needed there are enough conditions in place to satisfy the Board that the system will be installed properly. Mr. Heavey said that an As-Built will be provided the town and also, other towns don’t require an applicant to be licensed in three (3) other towns. Dr. Fazen asked Mr. Heavey how many Title 5 compliant systems he has done. Mr. Heavey asked when Title 5 went into effect; 1995? Mr. Pisinski explained that it began around 1978, was revised in 1983 and again in 1995. Dr. Fazen asked how many systems Mr. Heavey had done since 1997. Mr. Heavey replied that he had only done repairs in 1992, but again petitioned the Board to grant him a license. He told them that he understood that they might want to think about their response and didn’t have to give him an answer tonight, because he was going to meet his deadline for beginning the systems, by bringing in hay bails tomorrow and would be ready to start the prep-work in 10 to 14 days. Dr. Fazen asked Mr. Heavey that if he has not installed in Massachusetts in the last seven (7) years, how he could expect the Board to grant him a license now. Mr. Heavey stated that he doesn’t’ believe that the Title 5 Code has changed much. Mr. Heavey said that it has only insured that no one cheats. He said that as far as how a septic installation is done, the code has only tightened up to require what he was doing all along in his installations. Mrs. Sacco asked to hear from Mr. Pisinski. Mr. Pisinski stated that he believes that Mr. Heavey is making things harder on himself than is necessary. Three plans were approved and issued one (1) year ago; two of them expire tomorrow so they need to be updated. Mr. Heavey has had a full year to get the installer approved by the other Trustees. Mr. Heavey is listed by the Accessor’s Office as the Trustee and is the Applicant listed on the Construction Permit. Mr. Pisinski stated that he thinks that Mr. Heavey has had time enough and reminded him that Town Counsel has advised that if no action is begun by September 19, 2005 the issue will go to Superior Court, with the possibility of an order being issued to plug the existing tanks and require them to be pumped weekly during the winter. Mr. Heavey again stated that he has been ready to proceed for a long time but the Conservation Commission has caused the hold up. Dr. Fazen stated that what the Board needs to focus on tonight is if there is any reason to change the licensing requirement of a septic system installer in the Town of Southborough. He summarized the issues as follows: this system is more complicated than a typical system and with Conservation Commission watching carefully to insure that every thing being done is environmentally right for the area, and that there is no evidence that you have installed a Title 5 System he does not believe that there is any reason to change the Board’s policy for licensing septic installers. Mr. Heavey again protested that this was discriminatory and that no one would be able to get into the business if all towns requirements were the same. Mr. Heavey stated that his attorney has advised him that if the Town of Southborough refuses to grant him a license and uses these discriminatory practices that he will take them to court and once they win will sue the town for damages. Mr. Pisinski reminded Mr. Heavey of the deadline for him to begin the repairs before the Town of Southborough takes him to court. To which Mr. Heavey replied that he would let the Town take him to court because he knows that no court will uphold the Town’s position. Again, Dr. Fazen stated that Mr. Heavey has not presented evidence that he has installed any title 5 Compliant Systems in Massachusetts in the last seven (7) years and provided no basis for which the Board is compelled to change the policy for licensing septic installers. Mrs. Brefka and Mrs. Sacco agreed and the Board unanimously voted not to grant Mr. Heavey a License to Install Septic Systems in the Town of Southborough.

REPORT ON CORE DIRECTIVES
A. Tobacco Control - The Town of Southborough is still 100% compliant in not selling to minors. Mr. Pisinski showed the Board Members the mandatory signage regarding cigars that he delivered to all tobacco vendors in town. The Board Members were given a copy of the latest compliance check report.

B. Emergency Preparedness - Mrs. Sacco went to the last Region 4A meeting and reported to the other Board Members that the Region’s coordinator, Beverly Anderson has resigned. Much of the meeting considered how to hire a new coordinator. Mrs. Sacco advised the Board that all towns in Region 4A are concerned with the 24/7 coverage, which is wanted and even the Region is finding it difficult to get someone on a regional basis to provide 24/7 coverage. There is some thought as to hiring a coordinator who would also be able to provide the coverage. However, the concern arises that if the regional person is too far away in an emergency a neighboring town might be better. Mrs. Sacco reported that “confusion reigns” and there are many kinks that need to be worked out. Dr. Fazen explained that at first there was reluctance to elect officers for the region but that after some discussion he was one of the members that were able to convince the group to elect officers, which is proving necessary with the resignation of the coordinator. There will be some website training available in October and more information will follow. M.O.U. will be needed if towns intend to provide mutual aide to each other. Mrs. Sacco mentioned the training survey, noting that towns without staff will not be doing the survey, but probably need the most training. Mrs. Brefka stated that the response to the hurricane has shown us how poorly we are prepared starting with the local level all the way up through F.E.M.A. Dr. Fazen advised that he had attended a 2 day emergency preparedness conference given by Homeland Security , which was attended by mostly Fire and Police personnel. He found the class very informative and provided each member and the Public Health Nurse with an Isolation and Quarantine Issues Packet. Mr. Pisinski gave the members a copy of a notice of a Homeland Security Meeting to be held on September 20, 2005. The regions involved in the Homeland Security are not the same regions carved out for Department of Public Health Emergency Response areas, but have money to spend in preparation of natural disasters or terrorist attaches. The Board of Health is requested to be involved but Mr. Pisinski is not able to attend this meeting. Dr. Fazen will not be able to attend due to his involvement with Region 4A and believes that Police and Fire should have the major involvement in this group. However, he is willing to begin coordination with the Southborough Police and Fire. Dr. Fazen handed out a card with all the Telephone numbers needed to reach the State Lab 24 hours a day. Each member, Mr. Pisinski and the office received a card.

C. Wellness/Obesity - Dr. Fazen suggested that this be a future program of the Board of Health. Mrs. Brefka asked if the schools were doing anything. Mrs. Sacco explained that the schools are doing an exercise program “log” and a “healthy snack day” each week. On the “snack day” the school nurse checks to see what the kids are eating and comments on how they might eat better. The children are now getting physical educations twice a week rather than only once. Dr. Fazen asked if Mrs. Brefka and Mrs. Sacco would visit the schools and see what they are doing as a precursor of the Board of Health’s involvement, checking to see if there is anything that the Board can introduce. Mrs. Sacco will bring a report to the next meeting.

D. Working with other Departments - Dr. Fazen suggested that one person from the Board of Health meet with other departments or Boards so that the meeting doesn’t have to be a posted meeting and therefore times can be more flexible. Dr. Fazen will meet with the Police and Fire Chief as a beginning to getting other departments involved.

NOTIFICATION OF ACTIONS BETWEEN MEETINGS & PENDING ITEMS
A. Plans/Licenses Signed by Public Health Director
Construction Permits
1 Wells Ln. Michael Lane New
2 Wood St. Ron Pawelski Complete Replacement
8 Clemmons St. Ted Luchette New
218 Turnpike Rd. Long Automotive Non-Hazardous Waste Holding Tank
70 Newton St. Matt Jackson Complete Replacement
218 Turnpike Rd. Long Automotive Grp. Revision Complete Replacement
1 Wyndemere Dr. Alfred & Noreen Rossini Revision
57 Breadkneck Hill 57 Breakneck Hill R.T. New
4 Blackthorne Dr. Gary Sewell Complete Replacement
3 Fairview Drive Estate of Wm. Clapp, Jr. Complete Replacement
2 Pleasant St. Glen & Patricia Johnson Complete Replacement
216 Boston Rd. Dean Lewis Complete Replacement
124 Marlboro Rd. Valerie Spuill Complete Replacement
132 Marlboro Rd. Jamison Greene Complete Replacement
19 Oak Hill Rd. John Mc Cahan Complete Replacement
18 Central St. Sue Abend Complete Replacement
Meeting House Farm Condominiums Middle Rd. LLC New Condominiums System
28 Pinecone Lane Tom Starr Complete Replacement
1A Wyndemere Dr. Nash Development New 4 Bedroom
1B Wyndemere Dr. Nash Development New 5 Bedroom
1C Wyndemere Dr. Nash Development New 5 Bedroom
88 Fisher Rd. Raymond Desabato Update/Revision 6 Bedroom
Licenses
Robert Fournier Ernest Guigli & Sons, Inc. Installer
Lee Billiard Mass Premier Soccer Day Camp
Barbara Tessier/Dick Becker First Steps Children's Center Pool
Mr. Nick Tzikas Dunkin Donuts @ Ray's Exxon Food Est.
Ed Cram E.N. Cram Contracting Installer
Richard J. Wilson Jokove Image Enhancement, Inc. Massage Therapist
Christopher M. Mutti Doe Builders Inc. Installer
Michael R. Nelson Nelson Burkett Pizzeria Assoc. dba Station Two Pizzeria & Grill Food Est.
Willard R. Dumais W.R. Dumais Excavating Installer
Donald J. Morris D.J. Morris Contracting Co., Inc. Installer
Shohdy Ziada Virgin Mary Mother of Light dba Turnpike Food and Liquor Limited Food/Tobacco
Richard R. Record Richard R. Record & Son, Inc. Installer
Paul M. Rossi Paul M. Rossi, Inc. Installer

BUDGET
A. Quarterly report regarding status of Budget - Board Members were given a spread sheet indicating all spending during the summer months and the percentage balance of each line item.
B. Other Budget Issues - Board to vote on Public Health Director’s continuing authorization to sign vouchers between meetings; each meeting a list of transactions will provided to Board Members. - The Board Members are concerned with having Mr. Pisinski sign his own Travel Expense Voucher fearing the appearance of a conflict of interest. Dr. Fazen requested that Mr. Pisinski ask Town Counsel for an opinion regarding this issue. The Board instructed Mr. Pisinski to continue signing all vouchers until an opinion is provided. If it is not acceptable for Mr. Pisinski to sign his expense voucher, one member of the Board would be available to come into the office to sign that voucher.

NEW BUSINESS
A. Citizen Request for Board of Health Opinion re: State Agency’s proposed herbicide treatment along highway and power-grid. - Dr. Fazen asked if this was something that the Board needed to act upon. Mr. Pisinski advised that in his opinion it was not. The State wants to try herbicide treatments along the state roads because the cost is much less. The caller wanted Board of Health Members to sign a letter condemning the practice. Mr. Pisinski explained that the licensure requirements for companies and individual who apply these herbicides are very stringent and that he didn’t believe that it was a major issue at this time.

B. Status Report re: Selectmen’s Actions at Fayville Hall and its Indoor Air Quality - Mr. Pisinski explained that the Board of Selectmen hired a company with an industrial hygienist to analyze the Fayville Hall. Some fungus and mold were found in the basement and the company suggested remedial action, but the Board of Selectmen haven’t determined the cost as of yet and may even tear down the building.

C. Food Establishment was closed by the Public Health Director due to and emergency and 13 serious violations of the Title 10 Food Code. - Mr. Pisinski explained that it was not his practice to close down restaurants, but that there had been a fire at this location which also revealed several critical health issues. He worked with the restaurant to get all the violations corrected during the clean-up of the fire damage and the restaurant re-opened in less than a week.

D. Discussion regarding developing a mechanism for Private Well Water Testing - Mr. Pisinski explained that Bonnie Phaneuf of the Board of Selectmen was questioning if there would be a way to lower the cost to residents who test their private wells, by making an agreement with a company for a “bulk rate”. The Board will continue to look at this issue after Dr. Fazen speaks with Mrs. Phaneuf. Mr. Pisinski explained that some towns have their own labs. He further explained that he has known of some towns who attempted to provide water testing and situations got out of hand. The current Board of Health Regulations required testing only at the initial drilling of a private well. In the thirteen (13) years that Mr. Pisinski has worked in the Town of Southborough there have been no failed wells. In some cases people thought that their wells had become contaminated, but it has always turned out to be something simple like the wellhead being uncovered and animal contamination occurring. These types of contamination are quickly corrected by treatment or disinfection.

E. Discussion on Board of Health Web Page – what information Board Members would like on the site. - There was not enough time to discuss this item.

The meeting adjourned at 9:25 PM

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