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The meeting convened at 7:00PM. 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.
The minutes of the October 12, 2005 were approved with
one clarification.
Vouchers totaling $311.89 were approved
for payment from the Board of Health Budget.
MEMBERS WERE BRIEFED ON THE AGENDA AND ANY SCHEDULED
APPOINTMENTS.
Public Health Director Paul C. Pisinski briefed the Board
Members about Mr. Weiss and his activities at 243 Parkerville
Rd. Mr. Weiss may attend the meeting tonight. Mr. Pisinski
explained that Mr. Robert Weiss is also known as Robert
A Weishaus and has companies under at least two names, Scoreboard
Realty Corporation and Mass Discount Realty Corporation.
He purchased a home at 243 Parkerville Rd. from Mr. Frank
Stockwell when it was about to go to foreclosure. On Saturday,
October 15th Mr. Pisinski was called out, by the Southborough
Police, for another matter and as he was driving down Parkerville
Rd. he observed the apparent installation of a septic system,
which was happening without the knowledge of the Southborough
Board of Health, without licenses, permits or approved plans;
all in violation of the Title 5 Code and Town of Southborough
Board of Health Rules and Regulations. Mr. Pisinski stopped
and ordered the installation to stop the illegal installation.
Mr. Pisinski reported that he then sent Mr. Weise a letter
which included copies of all the Title 5 Code sections pertained
to the violations he had committed, including using an unlicensed
installer. He also sent a letter to the Installer, Mr. Robert
McCart, who is not licensed in the Town of Southborough;
copies of the Code were included in that letter also. As
is required, Mr. Pisinski explained in each letter that
if either party felt aggrieved they could come to a Board
of Health Meeting. Mr. Pisinski explained that after his
encounters with both men, it is his belief that they were
attempting to do “a quick cheap fix” and sell
the property quickly. Mr. Pisinski gave the Board Members
a brief overview of the areas of the Title 5 Code that pertain
to this situation, i.e. an inspection before transfer of
title and the results of that inspection being: “Pass”,
“Fail”, “Conditional Pass” or “Needs
Further Evaluation. He advised the Board Members that the
Code does make provisions for “Emergency” conditions
and of his instructions to the parties to “plug the
tank and use it as a tight tank” until the proper
procedures could be followed.
Mr. Pisinski explained that after his contact and conversations
with Mr. Weiss and Mr. McCart, Mr. Weiss did hire a Soil
Evaluation to do deep hole soil testing only because with
all the torrential rains lately the soil is too wet to do
a percolation test. The Title 5 Code allows for a “sieve”
analysis to be done on soil that cannot be perced and so
the Soil Evaluator took a sample of the soil for testing.
However Mr. Weiss refused to pay for the sieve analysis
so it was never done.
Dr. Fazen stated that this sounded like a clear cut issue
of by-passing the Title 5 Code and felt that the Board should
take action immediately, possibly placing a lien on the
property. Mr. Pisinski said that he would check with Town
Counsel about generating some sort of a lien, which states
that the action is because of a problem with the onsite
subsurface sewage disposal system. The briefing ended because
Mr. Weiss and Mr. McCart arrived at 7:00 PM.
PETITIONS/PUBLIC HEARINGS
Mr. Robert Weiss and Mr. Robert McCart – 243 Parkerville
Rd. Dr. Fazen greeted both men and asked what was going
on at 243 Parkerville Rd. Mr. Weiss stated that there is
a problem with the septic tank, but felt that Mr. McCart
could better explain the issue because Mr. Weiss doesn’t
understand the technical aspects. Mr. McCart stated that
the tank was broken and raw sewage was coming out and so
he dug up the old tank and was replacing it with a new tank
and distribution box, because the distribution box (D-box)
was also cracked.
Dr. Fazen asked if the property had recently changes hands.
Mr. Weise stated that it had, further explaining that the
house was in foreclosure so he (Mr. Weiss) offered to purchase
the house in a favorable manner for the owner Mr. Stockwell.
Mr. Weiss said that he understood that if someone was to
get a mortgage they would have to have a Title 5 Inspection
done, but he didn’t take out a mortgage. He said that
Mr. McCart removed that septic tank and replaced it, but
said that he didn’t know if a mistake was made in
replacing the D-box. He said that he and Mr. McCart had
made a major environmental improvement. Mr. McCart said
that the pit was dry and had probably not worked for a decade.
Both men stated that there was raw sewage coming to the
surface of the ground.
Dr. Fazen, explaining that when a property changes ownership
a Title 5 Inspection must be done and asked Mr. Weiss where
the report that should be submitted to the Board of Health
was. Mr. Weiss said that the inspection had been done earlier
by a company out of Grafton and was signed on October 24,
2005. Mr. Pisinski explained that when a Title 5 Inspection
is done the property owner does have the right to tell the
inspector not to turn the report into the Board of Health,
however it must be turned it if there is intent to sell
the property and it must be turned into the Board within
one month. Explaining the procedure followed in the office
when a Title 5 Inspection Report is received, he advised
that the Southborough Board of Health has not received an
inspection report for 243 Parkerville Rd. Mr. Pisinski went
on to suggest that, in his view the inspection Mr. Weiss
spoke about is null and void because we don’t know
what the inspector saw or if the invert elevations changed
because there is no plan. There were no “Approving
Authority” inspections during the “repair”
or any certifications by either the Board of Health or a
design engineer. Mr. Pisinski again explained the Board
of Health’s understanding or interpretation of a “Conditional
Pass” at an inspection. Mr. Pisinski reminded Mr.
Weiss and Mr. McCart what he had told them on October 15,
2005; he asked Mr. Weiss what was going on and when Mr.
Weiss told him that there were people living in the home,
Mr. Pisinski told him that he could cap the tank and us
it as a temporary holding tank until he could get a fully
compliant system designed and installed. He told Mr. Weiss
to come into the office on Monday and begin the process
of complying with the Title 5 Code. Mr. Weiss stated that
he assumed that Mr. McCart was licensed and disputed that
Mr. Pisinski ever told him to stop construction of the repair.
Dr. Fazen advised Mr. Weiss that this is a process issue
and that the State rules and regulations need to be followed.
Mr. Weiss responded by stating that he believes that he
improved the environment; the little that they did to the
system was an improvement. He said,” Is it a good
system by today’s standards? No, well it is what it
is.” Mr. McCart stated that it was his intent to come
into the Board of Health Office on Monday to tell Mr. Pisinski
what he was doing and get a license. Mr. Weiss repeated
several times that he didn’t know the requirement,
asking how he would know the requirements.
Dr. Fazen again repeated that a Title 5 Inspection is required
whenever a home with a septic system is sold. He advised
the gentlemen that they needed to go back to the point where
Mr. Pisinski had told them to stop, plug the tank and use
it as a holding tank. The process must begin there.
Mr. Weiss insisted that all he wanted to do was the right
thing, and that no one can say that he didn’t, stating
that Mr. Pisinski saw the tank. Mr. Pisinski advised that
he did not inspect the tank, he only observed the top portion
of a tank being lowered into place. Mr. Pisinski did not
see the bottom of the tank and also advised that there should
be no water in the hole when a tank is being installed.
In fact there was water up to the sides of the tank. Mr.
Weiss stated that he felt they could come to a compromise
saying that the Board’s desire was to protect the
environment and insisting that what he had done improved
the environment. Mr. Weiss appeared to be slightly agitated
insisting that the Board could not force him to put in some
“major gizmo” that he is not required to do.
Dr. Fazen recapped the Board’s position. The septic
tank is to be capped and used as a holding tank. Mrs. Sacco
asked what happens then. Mr. Pisinski explained that in
emergency circumstances when a breakout has occurred a homeowner
has the right to have a tank installed, however, within
thirty (30) days he must come to the Board of Health with
a fully designed plan. If this emergency provision is used,
the homeowner has the obligation to notify both the Board
of Health and the D.E.P. that this situation has occurred;
Mr. Weiss did neither.
Dr. Fazen moved that the Board order that the tank be closed
off and used as a holding tank, the applicant be required
to come to the Board with a duly engineered plan which will
be reviewed and approved by the Board and then repair/replacement
can proceed from there. The motion carried unanimously.
Mr. McCart was also reminded that if he is going to continue
working on the repair he must be licensed in Southborough.
Dr. Fazen expressed his concern about this house being up
for resale. Mr. Pisinski suggested that the Board might
consider putting a lien on the property so that Mr. Weiss
and Mr. McCart don’t inadvertently get themselves
into trouble again. To which Mr. Weiss stated that he has
disclosed all the issues to a potential buyer, a Mr. David
McCarthy. Dr. Fazen stated that he felt a lien was an appropriate
way to handle the issue. The Board Members unanimously agreed
to place a lien on the property until the proper replacement
of the subsurface sewage disposal system is completed within
the proper processes. The lien can be lifted once a Certificate
of Completion and Compliance is issued. A letter will be
placed in the file indicating that after Frank Stockwell,
et al vacate, no new tenant can occupy the house until the
subsurface sewage disposal system is approved, a new system
installed and a Certificate of Completion and Compliance
has been issued by the Board of Health. The letter will
explain that the reason for this order is because an attempt
was made to construct a replacement system without any construction
permit, plan or inspection. The Board members unanimously
voted to proceed as described and to ask Town Counsel for
advice. Mr. Weiss and Mr. McCart left the meeting at approximately
7:20 PM
7:30 PM Dave McCarthy and John Nichols arrived at the meeting.
Mr. McCarthy is under agreement to purchase 234 Parkerville
Rd., and Mr. Nichols is his realtor.
After welcoming them to the meeting, Mr. Pisinski explained
that the Board had just voted to ask Town Counsel to put
a lien on the house and an the order will be served which
states that due to the condition of the subsurface sewage
disposal system, no one will be allowed to occupy the house
until a Certification of Compliance is issued. He explained
the process required under the Title 5 Code when a home
is sold and the ways in which Mr. Weiss and his installer
had neglected to follow procedures. Mr. Nichols asked how
long it would take to now comply with the Title 5 Code.
Mr. Pisinski explained that it all depends on the current
owner and how quickly he moves, stating that once the Board
of Health is in receipt of plans it has been past practice
to move very quickly. Mr. McCarthy stated that he thought
the house already had a Title 5 Inspection Report on file.
Mr. Pisinski further explained how Mr. Weiss and his installer
had replaced parts of the system without any engineering
plan, on a weekend, and in a torrential down pour of rain,
all of which is not acceptable under the Title 5 Code. He
went on to explain all the issues and instructions which
had been given to Mr. Weiss regarding the subsurface sewage
disposal system.
Mr. Pisinski explained that the remedy to this problem was
to have plans prepared by a registered sanitary or licensed
professional engineer, present the plans to the Board of
Health for review and approval, have a licensed installer
install the system, which would be inspected by both the
Board of Health and the Design Engineer, have both the Installer
and the Design Engineer submit “as-built” drawings
and certifications so that the Board of Health can issue
a Certificate of Completion and Compliance with the Title
5 Code.
Dr. Fazen explained that until the Board sees the process
moving along, with money in escrow and an acceptable design
plan it is their intent to keep a lien on the property.
Explaining the issues including the issue of the soil testing,
Mr. Pisinski provided the potential homeowner with his card
suggesting he call during office hours and Mr. Pisinski
would further explain the Title 5 Code issues. Mr. McCarthy
and Mr. Nichols left at 8:55PM
124 Parkerville Rd. – Mr. Pisinski explained to the
members that this property had been submitted several months
ago as a Variance Request; a Public Hearing was held at
which time the Board requested the applicant get a second
opinion regarding the groundwater flow and the “equal
protection” clause provided in the design. A letter
from MetroWest Engineering was provided for review. MetroWest
Engineering found that the groundwater moves away from the
stream and the “poly barrier” called for in
the design will provide equal adequate protection even if
the groundwater flow was towards the stream.
Dr. Fazen moved to approve the proposed design, grant the
variance and allow Mr. Pisinski to sign the permit for construction
of a new subsurface sewage disposal system at 124 Parkerville
Rd.
REPORT ON CORE DIRECTIVES
Tobacco – no activity this month
Emergency Preparedness – Dr. Fazen
met with Fire Chief John Mauro and he has agreed to make
a presentation on the Fire Department and Emergency Preparedness.
The Fire Department is considered the lead organization
for bio-terrorism in town, and Chief Mauro will give an
overview of where the Fired Department is in preparation.
Unfortunately Fire, Police and Board of Health departments
are all in different State regions. The November 17th meeting
of the Region 4A Emergency Preparedness group of which Southborough
Board of Health is a member will talk about distribution
of funds.
Dr. Fazen also advised the members and staff that on November
15, 2005 he and Dr. Nancy Eckhert of Harvard Medical School,
will present a follow-up on the Times Magazine article on
Global Health and Pandemics. The presentation will be in
an open town meeting forum with a picture presentation and
a question and answer segment.
EDS - Mr. Pisinski advised the Board
that the Facilities Manager, Basilio Diaz had filled out
an Emergency Dispensing Site (EDS) evaluation form for the
Board of Health. Although the Board of Health had chosen
Trottier Middle School as its EDS site Mr. Diaz has suggested
Woodward School. It is the only site with a loading dock
and is also the choice of the Fire and Police because it
is very central and easy for people to see.
24/7 - Mr. Pisinski reported that he would not charge for
being available as of July 2007. He would not be on a beeper,
but could be available through normal phone or cell phone
mechanisms. However, the Board would still not have complete
24 hour per day and 7 day per week coverage.
Wellness & Obesity – time constraint require this
subject to be tabled.
Working With Other Departments – This endeavor continues
next meeting with the presentation from Fire Chief Mauro.
NOTIFICATION OF ACTIONS BETWEEN MEETINGS & PENDING
ITEMS
19 East Main St. – property owner’s
desire to end maintenance contract and subsequent warning
letter – the letter was in the member’s packets
for their review.
243 Parkerville Rd. – attempted
illegal repair installation of septic system and actions
that followed. – The issue was discussed at the beginning
of the meeting.
Flu Clinic recap – Mrs. Luther
gave a brief recap of the successful flu clinic in which
220 individuals were vaccinated. The Board members were
given a report from Public Health Nurse Leslie Chamberlin
regarding an incident that happened at the end of the clinic,
and how it was handled. There are 100 additional vaccines
for the Clinic to be held on November 17, 2005.
Fuss & O’Neil’s report on “stinky
stream” – put on hold until next meeting.
BUDGET
The Board Members were each given a copy of the Draft Proposal
for the FY2007 Budget for review. Mr. Pisinski explained
the layout and the comparisons to past year’s budgets.
He noted that most of the budget increase is in salaries,
asking to increase the nurse’s hours from 2 hours
per week to 4 hours per week. Mr. Pisinski gave a brief
explanation of why this is necessary and how in reality
even more hours are needed to properly fulfill the Boards
charge, especially in light of the Emergency Preparedness
expectations.
Dr. Fazen, while reviewing the budget, noted some decreases
in line items and encouraged Mr. Pisinski to find other
areas in which a decrease would be possible. Mr. Pisinski
advised that he and Mrs. Luther had identified some areas
such as the Wireless Communications line item that could
be reduced. Dr. Fazen and the other members then suggested
that Mr. Pisinski increase the amount requested for “In
State Travel” (gas mileage) due to the ever increasing
cost of gasoline. Mr. Pisinski explained that this was just
a draft and that the requested changes would be made before
it was submitted to the Board of Selectmen.
Mrs. Brefka asked if the Board Members would be expected
to attend a joint meeting with the Board of Selectmen as
they did last year. Mr. Pisinski said that the Advisory
Committee will be handling it differently this year.
Town Meeting ARTICLE -Mr. Pisinski also
read a proposed Article, which he suggests should be put
on the Town Meeting Warrant.
Environmental Services Specialist Article
ARTICLE#________: To see if the town will appropriate, borrow
and appropriate or transfer from available funds and appropriate
the sum of $10,000.00 for the purpose of allowing the board
of Health to hire technical water quality and environmental
specialists and to contract with such specialists on a retainer
basis.
Mr. Pisinski cited the fact that the process which is now
in place when the Board of Health has a complaint and is
asked to investigate something like a “stinky stream”
is so cumbersome that by the time the “specialist”
is contacted with funding granted by the Board of Selectmen
the source of the problem is often gone until the next year
or season. Most of the issues the Board is asked to investigate
are very time sensitive and Mr. Pisinski feels that the
Town’s People should at least be given the information
and the right to decide if they want to equip their Board
of Health with the tools necessary to respond to their complaints.
If the article is approved a Request for Proposal will be
generated and the Board of Health would pick someone who
would be paid on an as needed basis.
Dr. Fazen moved to approve the budget with minor changes
(some reductions). The motion passed unanimously. Dr. Fazen
then moved to submit the Warrant Article sponsored by the
Board of Health to be included in the next Annual Town Meeting
Warrant.
NEW BUSINESS
Revision to the Board of Health Fee Schedule
– Mr. Pisinski is proposing changes to the fee schedule.
He suggests adding a line in the Food Establishment Fee
called “Food Code Violations”. He explained
that most towns have these fees and he also feels that their
inclusion in the fee schedule will give enforcement more
teeth. There would be no charge for his first inspection
after a violation is discovered if all the violations have
been corrected. However, too often he returns to find several
unresolved violations as well as additional violations.
The fee would increase incrementally for each call back
to inspect a violation.
Septic System Fees – Mr. Pisinski
proposes to increase the fee for a commercial septic construction
fee from a minimum of $150 to a $400 minimum plus $0.25
per gallon. This is due to the complexity of most of the
commercial systems being installed, which requires many
more inspections and guidance from the Public Health Director.
Mr. Pisinski also suggested a new Component Repair Fee.
This fee is also used in most other towns and would help
prevent “illegal” installations like the one
at 243 Parkerville Rd., because installers would be required
to come into the office and get a permit before they do
a component replacement. The fee would be $100 for residential
and $150 for commercial, and $150 plus $0.05 per gallon
for analysis by the Public Health Director for commercial
component replacements. The Board voted unanimously to approve
the changes in the fee schedule.
Public Health Director’s Contract
Mr. Pisinski provided each member with a draft outline of
his future employment with the Southborough Board of Health,
explaining the process and promising to provide the members
with a draft of the Town’s “boiler plate”
contract format at the next meeting.
Mr. Pisinski would like to work full-time for one (1) more
year and then, if the Board is amenable, continue one (1)
or two (2) more years in a part-time capacity. During his
part-time tenure he would handle all Title 5 issues and
mentor or train a new Health Agent. He further explained
that the Board of Health is one of the few boards, other
than the Board of Selectmen that can enter into a contract
to fulfill the State mandated responsibilities of the Board
of Health as long as Town Meeting approved the salary amount.
The members encouraged Mr. Pisinski to develop a contract
and noted that they may have to begin thinking about a replacement
in July of Fiscal Year 07.
The meeting adjourned at 9:50 PM
Respectfully submitted by: Barbara M. Luther, Administrative
Assistant to the Board of Health
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