The meeting convened at 2:00 PM. Present were Timothy P. Stone, Louis Fazen, III, Ruth C. Brefka, Public Health Director Paul C. Pisinski and Secretary Barbara M. Luther.

The minutes of the October 15th meeting were approved as written, the minutes of the October 19th meeting were approved with correction of one typo.

Vouchers totaling $398.26 were approved for payment from the Board of Health Budget.

Members were briefed on the agenda and any scheduled appointments.

The following License(s) & Permit(s) signed by the Public Health Director during the past month(s):
Michelle Kalajian Four Star Entrp. Dba M&M Vending Food Limited
Tarek Yatim Southborough Exxon Tobacco Permit
Raymond Fritz LRF Enterprises, Inc. dba Ray's Exxon Tobacco Permit
Raman Patel Fitzgerald's General Store Tobacco Permit
Dasharath Patel Colony Market Tobacco Permit
Franklin Spinner Rte. Beer & Wine Inc. Tobacco Permit
Steven Mauro Mauro's Market Tobacco Permit
Neil Fletcher Bill's Package Store, Inc. Tobacco Permit
Elias Aoude Aoude Mobil Tobacco Permit
Donna Petkunas Byrne Inaara Medspa Massage Therapist

DISCUSSION
Motion regarding meeting times
Louise Fazen, III made the following motion: The Board of Health will establish a regular meeting time when all three (3) members are able to attend.
There was no second to the motion.
Timothy P. Stone stated that he didn’t agree because there could be many times when one or more members wouldn’t be able to attend. He asked for the motion to be further defined stating that the Board has been meeting when it has been convenient for the majority of the members.
Ruth C. Brefka expressed her wish to resolve the “meeting issue” and reminded the other members that there had been discussion about meeting alternately during the day and the evening.
Dr. Fazen felt that it is only common courtesy and proper to set a time when all three members can attend.
Mrs. Brefka asked Dr. Fazen if he could meet on Wednesdays at 2:00 PM.
Dr. Fazen felt that the Board should first establish a policy that the Board will meet at a time that all three members would be able to attend.
Dr. Stone moved to defer the discussion regarding Dr. Fazen’s motion to later in the meeting under “New Business”.
Dr. Fazen felt that this issue was a procedural issue and as such a point of order, which takes precedence over other issues. Dr. Fazen read the motion again and advised the other members that his second motion was to meet in the evening.
Mrs. Brefka asked Dr. Fazen if he could meet during the day.
Dr. Fazen explained that it is more difficult for him, and again stated that it is a courtesy to meet when all members can attend. Dr. Fazen again moved, “The Board of Health shall establish a meeting time when all three members would be able to attend.”
Mrs. Brefka advised that when she ran for the Board of Health she knew that the Board met during the day, she didn’t think about meeting at any other time. She looked at her calendar to see if Board of Health Meetings would conflict with other daytime meetings she already had scheduled. Mrs. Brefka asked Dr. Fazen if he had known that there were daytime meetings when he ran for office.
Dr. Fazen stated that the Board of Health is the only Board that meets during the day and that other people who work every day from 9:00 AM to 5:00 PM might want to run for the Board of Health in the future and that this Board should take that into consideration.
Public Health Director, Paul C. Pisinski advised that most boards meet at night because of the need for Public Hearings and such.
Dr. Fazen again stated that he felt it would be good for the Board of Health to have a policy regarding its meetings
Dr. Stone stated that he thought that the Board could work out meetings on alternate days and evening, but stated that he would not vote on meeting “at the convenience” of all the Board Members. He stated that the other two members were attempting to compromise with Dr. Fazen.
Dr. Fazen said that he felt that the people who elected him want him to be able to serve.
Dr. Stone asked to get on with the meeting.
Mrs. Brefka said that she felt it would be very good and helpful if all three members could meet, but also felt that a compromise of meeting sometimes during the day and sometimes at night was a workable compromise.
Dr. Fazen said that he felt that his motion was just a policy.
Mrs. Brefka stated that she felt it was too open-ended and could create a problem if someone couldn’t attend. Mrs. Brefka indicated that she believed that it was important that the members come to a meeting of the minds, but that the days agenda was large and she felt that this issue should be discussed at the end of the meeting.

124 Parkerville Rd. Request for Variance/Opinion
Mr. Pisinski explained that this septic design doesn’t meet the set back distance to a tributary and the Board of Health needs to determine if they are willing to grant the variance request, which would also have to be reviewed after a Public Hearing. The Title 5 Code requires a 200 ft. setback to a tributary to a surface water supply and 400 ft. setback to a reservoir. The plan must meet certain criteria to justify the Board issuing a variance. The owner has to prove that denial of the variance would constitute a manifest injustice. In other words, without this variance being issued the property owner can do nothing else with the land. The plan must also show that the tributary is receiving equal protection from the design as would be provided if the setback requirement were met.
Mr. Pisinski explained the contours of the land are such that surface storm water and ground water are, in all probability not moving toward from the tributary. Also, the plan calls for an impervious barrier, therefore the designer is certifying that his design provides the same protection that meeting the setback distance would provide. Therefore, the design meets the two criteria required for the Board to consider the variance. Mr. Pisinski explained that if the Board agrees to approve the variance a Public Hearing must be held, but the only comments the Board can consider are those regarding the technical aspects of the design plan. They are not allowed to consider concerns of abutters whose only issue is that they don’t want development near their property.
Dr. Fazen suggested that the Board require that an outside state licensed engineer review the plans. If he/she is willing to stake his/her license on the fact that the plan meets the State requirements and that it will work, the Board should have no problem approving the variance.
Dr. Stone said that the MDC would have final approval, but Mr. Pisinski explained that the MDC can only comment on the issue, but cannot overrule the Board of Health. The D.E.P. does not have to review this variance.
Mrs. Brefka seconded Dr. Fazen’s motion to have an outside engineer review the plans at the expense of the property owner before any Public Hearing is held.
Mr. Pisinski will contact the property owner and advise him of the Boards decision.

Elliot Lach M.D.F.A.C.S. and Dr. Joy Thompson – presentation regarding “permanent makeup” to be offered at Inaara Med Spa.
Dr. Elliot Lach explained to the Board that he has been doing this procedure at U-Mass Medical Center and offered at Southborough Medical Center. However, not wanting to offend the community Dr. Thompson called the Board of Health before they began to offer the procedure at his office at Inaara Med Spa. The procedure is either done by a physician or under the guidance of a physician by a technician. It is a tattooing process, but has a CT Code that allows the practitioner to bill insurance companies.
Mrs. Brefka stated that she could see it being exempt of Board of Health licensing if the procedure is being done as a reconstruction procedure, but questioned whether putting on make-up might more aptly fall under tattooing.
Mr. Pisinski asked if the procedure had been done at Southborough Medical Center. Dr. Lach advised that it had been offered at the medical center, but not ever done there. Mr. Pisinski advised the Board that as they don’t inspect Southborough Medical Center because it is done by a doctor who is licensed under the State Board of Registration. Therefore, the Board of Health doesn’t need to be involved. Dr. Lach said that he would like the town to acknowledge that this procedure is being provided at Inaara Med Spa, but that the spa is not regulated as a tattoo establishment. After understanding that this offering is a extension of Dr. Lach’s own practice Dr. Stone moved to accept the presentation, and that regulation of this doctor’s office is not a function of the Board of Health. The motion passed unanimously.

3 Wood Street Mr. Pisinski explained that the septic system at 3 Wood St. had been completely replaced in September 2003. Normally an As-built and Certification is rendered by both the Installer and the Designer. Mr. Pisinski inspected the installation on September 14, 2003 and all was fine. But the Installer hasn’t submitted either the As-Built or his Certification.
Dr. Stone asked Mr. Pisinski why the Board of Health was getting involved with an issue that is between the homeowner and the installer. Mr. Pisinski explained the situation regarding the sale of the house and that the homeowner would be having a Title 5 Inspection done in lieu of having a Certificate of Completion and Compliance issued by the Board of Health. He told the Board that this explanation regarding the situation at 3 Wood St. was merely background for his request to send a letter advising the installer of the Boards consideration to either revoke or refuse to renew his Installer’s License. It was unanimously agreed that a Certified Letter would be sent to the Installer advising him that he had 10 days to either turn in his As-Built and Certification or to contact the office for an appointment to show cause as to why he will not provide the required documents.

Influenza Clinic
The Flu Clinic is scheduled to be held on November 17, 2004 at the Senior Center, 9 Cordaville Rd. VNA Care Network will administer the vaccine. Pre-registration will be required with those over 75 calling the Senior Center to register and those age 65 to 74 will register with the Board of Health. Drs. notes will be required for anyone under 75. The clinic will be advertised in the local papers and on the Southborough cable channel.
Dr. Fazen asked if it would be possible for the Board of Health to vaccinate shut-ins. The staff will ask the Senior Center nurse if she can provide that service under Dr. Fazen’s “Standing Orders”.

2006 Budget Process
Mr. Pisinski reviewed the process of preparing the 2006 Budget with the Board Members. He advised that he will have to get everything ready to be approved before March when he will be taking a three (3) week vacation.
Dr. Stone asked if Mr. Pisinski anticipated any changes, to which Mr. Pisinski advised that as usual, departments have been told no new programs, staff, hours, or etc.

“Polluted” tributaries and consultant costs to investigate and conduct “grab sample” analysis of water quality. Mr. Pisinski explained to the Board Members that he had received a proposal from Fuss & O’Neil in the amount of $3,380 to perform tests to determine the source of an odor emanating from the brook behind 193 Main Street. He also brought Dr. Fazen up to speed regarding the history of complaints of “non-point source pollution” in this neighborhood in the area of Ward Rd., Bigelow Rd. and Main St. at the Westboro line. Mr. Pisinski has walked the area and not been able to find the pollution source with the methods available to him. The next step is to do “grab point samples” and test for ph, fecal coli form, and etc. The testing company would then meet with the Public Health Director and might even have a neighborhood meeting to advise neighbors of the results. Fuss & O’Neil is already under contract with the Town of Southborough, but are not yet charged with doing any water samples of this magnitude.
Dr. Stone move that Mr. Pisinski be authorized to ask the Board of Selectmen to release enough engineering money to pay for the needed testing.
Dr. Fazen asked if the DPW might be responsible for the storm drains in that area and that we ask the DPW to join the Board of Health in a letter to the Board of Selectmen requesting funds needed for the study.

Housing Code Resolutions Partial and Completed
Mr. Pisinski recapped the complaints that have recently been received by the Board of Health. The owner of a rental property on Central St. has died and there is some dispute in probating the estate. Due to these problems the property was not maintained properly. The attorney representing the estate has agreed not to attempt to rent the property until all the maintenance issues are resolved and repaired. An inspection will be conducted before the property is rented again.
Regarding another Housing Code Compliance and series of sanitary inspections, the owner of the rental property on Boston Rd. has completed the repairs and passed a re-inspection. Mr. Pisinski advised that he has issued a compliance letter regarding the property.

Signing of Plans and Licenses by the Public Health Director
The Board unanimously agreed to authorize the Public Health Director, Paul C. Pisinski, to review, and sign subsurface sewage disposal construction permits for the following applications:
· All Renewals
· All Residential Upgrades (Complete Replacements)
· All New Residential Plans
· All Revisions to the Above
Plans for new construction requesting variances will still be reviewed by the Board of Health Members as a whole. All large systems (i.e. those over 2,000 GPD of estimated sewage flow) will be reviewed by the Board of Health Members

Re-opening of the tabled discussion regarding meeting schedules.
Dr. Fazen moved: The Board of Health shall establish a meeting schedule that alternates between day and evening meetings.
Dr. Stone seconded the motion and Mrs. Brefka made the vote unanimous.
Dr. Fazen again moved: The Board of Health will establish a regular meeting time when all three (3) members are able to attend. Dr. Fazen further explained that this motion would establish that in general the Board of Health meet when all three (3) members can attend the meeting.
Receiving no second to the motion, Dr. Fazen moved: The Board of Health will make it a policy that the Board will establish regular a meeting schedule when all members can attend. Dr. Fazen explained that the Board could meet with only two (2) people but it would set a schedule that all three (3) agree that they can attend. He said that he realized that when scheduling meetings a year ahead of time no one knows what will happen, but setting the policy is a good practice. He felt that all three members should work together in setting a meeting schedule. Dr. Fazen further stated that Tuesdays were always completely booked for him and that he could not attend a daytime Tuesday meeting.
Mr. Pisinski reminded the Board that the staff must check the availability of the Hearing Room when scheduling an evening meeting.
Mrs. Brefka stated that she would like to wait until January to hold the Board’s first evening meeting. It was suggested that the first evening meeting would be an open meeting designed for citizens to express their concerns regarding health issues.
After further discussion regarding the pros and cons of setting a meeting schedule and alternating day and evening meetings, Mrs. Brefka moved: The Board of Health establishes that the purpose of the meeting schedule is to allow all three (3) members to attend as much as possible.
Dr. Fazen seconded the motion and it passed two to one.
Dr. Fazen moved that the Board of Health shall tape meetings and retain the meeting tapes for a period of one (1) year.
The motion received no second. Advising that he was not the one to bring up the issue of a tape recorder last year, Dr. Fazen said that he believed that in the past he had not been allowed to make a change in the minutes to better reflect what he had said. He also felt that a recorder would free the secretary from having to attend evening meetings.
Mrs. Brefka expressed her dislike of tape recorders and that she felt the secretary did a good job in recording the minutes.
Dr. Fazen agreed to table his motion, but advised that it would necessitate that the secretary come to evening meetings.
Mrs. Brefka asked if comp time was allowed. The secretary stated that she would not be adverse to using comp time rather than pay for evening meetings. Stating that coming in late after a late evening meeting would be beneficial to her.
Next Meeting Date(s)
The next Board of Health meeting was scheduled for Wednesday, December 1, 2004 at 1:30 PM. The first evening is tentatively scheduled for January 12, 2005 at 7:00 PM pending availability of the room.
Final Motion
Dr. Stone moved: The Board of Health shall conduct its business happily. The motion was passed unanimously.

The meeting adjourned at 4:25 PM

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