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Board of Health Meeting Minutes

November 15, 2006

The meeting convened at 2:00 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.

The minutes of the September 6, 2006 meeting were approved with some corrections. Review of the minutes of the October 11, 2006 was tabled until next meeting due to lack of time.

Vouchers totaling $412.76 were approved for payment from the Board of Health Budget.

Members were briefed on the agenda and any scheduled appointments.
Mr. Pisinski advised the Board members that there were no Public Hearings scheduled today, but that there was one petition that the Board was being requested to consider, regarding an application to operate a Body Art Establishment and to be licensed as a Body Art Practitioner. Mr. Pisinski explained that the most urgent item before the Board at this meeting was the FY 08 Budget because the Board of Selectmen is requesting that all budgets be submitted by Friday, December 1, 2006.

PETITIONS/PUBLIC HEARINGS
Mr. Paul Wade (The Tattoo Gallery) arrived at 2:10 PM. He has applied for a license to operate a Body Art Establishment and become a licensed Body Art Practitioner in the Town of Southborough. The Board Members asked Mr. Wade to give them a little history on himself. Mr. Wade told the Board that he has been an artist all his life, and has taken lessons at the Museum of Fine Arts Art School. He wanted to use his artistic ability to support himself and decided to go into tattooing. He has apprenticed in Hudson after tattooing became legal in Massachusetts and now would like to open his own shop. Mr. Wade explained that his requirements meet and exceed the Southborough Regulations and provided details about his intent and practices in his establishment. Members listened, asked some questions, which Mr. Wade answered. The Members unanimously voted to approve both his application as a Licensed Body Art Practitioner and a Licensed Body Art Establishment. Mr. Wade was given his Practitioner’s license and the Establishment License will be given to him after an inspection by Mr. Pisinski, Mrs. Sacco and Mrs. Brefka.

Change in Ownership/Management/Name of Nara Med Spa. Mrs. Luther asked for guidance from the Board Members regarding the Nara Med Spa, which is now under new management. Dr. Elliot Lach is using the same individuals as Massage Therapist and Body Art Practitioner, but the spa is now called “A Beautiful You”. Mrs. Luther advised the Board Members that Southborough Board of Health licenses have never been transferable, that the Body Art Establishment License expired on December 31st of this year and asked the Board what they wished her to tell Dr. Lach about the Establishment’s License. The consensus of the Board Members was that this is a new license and therefore the $250 fee must be paid before a license in the new name can be issued. Mrs. Luther will advise Dr. Lach of this requirement. An inspection of the establishment will be scheduled before the new license is issued.

EMC Southborough Campus Expansion/Groundwater Discharge Permit Mr. Pisinski briefly showed the Board Members the Wastewater Treatment Plant. and its location on the expanded campus of EMC on Southborough/Westboro town line. He advised that EMC has two (2) Department of Environmental Protection issued Groundwater Discharge Permits and showed the Board the location of the systems. One plant is in Southborough and the other plant is in Westboro, but all of the Sewer Collection System will be in Southborough and therefore the responsibility of the Southborough Board of Health for inspection during installation. Under the State Regulations the Board of Health must comment to the Planning Board regarding what lots are not buildable due to the septic constraints. These systems are not septic systems, they are Groundwater Discharge Permits that will draw down up to 300,000 gallons per day of groundwater. Mr. Pisinski suggested that the Board might like to see a hydrologeolic study of the impact of such a large drawdown as the proposed treatment plants will require. He suggested that with the little information available to the Board right now they might want to limit their comments to insisting on a hydrology impact study on the effect that the plants will have on Southborough. He advised that EMC does have some existing irrigation wells on their site, but that these wells would not provide a yield sufficient for the plants to operate. He advised that gravel packed wells would have to be dug. Mr. Pisinski advised that this is a specialized field and beyond his scope of knowledge or expertise, but is convinced that the Board must require a study to see how this will impact the environment, streams, and etc. Dr. Fazen felt that the wording of the request for the study should include the effect that the plants will have on Westboro as well. The Board Members voted unanimously to request a study of the environmental impact that drawing this much groundwater on a daily basis will have on Southborough and the surrounding areas.
Mr. Pisinski also advised the Board Members that conspicuously absent from all the plans is anything about the Sewer Collection System. That is an area that the Board of Health must address and require EMC to apply for a permit from the Board. In Southborough, because there is no “sewer department” it is the responsibility of the Board of Health to permit and function as the “private sewer” regulatory agency, addressing and policing the collection system of any sewer system that enters public ways.
Sewer Regulations – Mr. Pisinski told the Board that several years ago the previous Board began to develop private sewer system regulations with the assistance of S.E.A. Consulting Engineers. S.E.A. seemed to come up with only a “boiler plate” approach with regulations that worked well if the Town was going to take over the treatment plants, but that is not the goal. The sewer treatment plants are to remain private, but the Town must have some mechanism to inspect the sewer collection system, because D.E.P. doesn’t inspect that portion of the sewer system. Tony Kwan, Flatley, and EMC Corporation will most probably be coming to the Town very shortly with Sewer Treatment Plants to facilitate their development plans. Flatley is already approved for office building, but are hoping to convince the Town that a multi-use complex will be more beneficial. If the Town Meeting approves Flatley’s petition then the Board of Health will need Sewer Regulations. Mr. Pisinski has already spoken to the Town’s Engineer, Fuss and O’Neill about preparing an outline and cost to prepare regulations for private sewer systems. He is hoping that they will be available by the next Board of Health Meeting. Mrs. Sacco asked if groundwater discharge permits is the wave of the future. Mr. Pisinski said, yes groundwater discharge permits are the only way to handle these large developments in small towns like Southborough, which do not have municipal treatment plants.
Mr. Pisinski gave the Board a quick overview of Dandelion Village, and advised the Board that the developer, Tony Kwan, has already been approved by D.E.P. for a Treatment Plant. The D.E.P doesn’t inspect the leaching field of the groundwater discharge sewer treatment plant, the Board of Health is required to do that. Mr. Kwan’s plan included seventeen lots for houses that couldn’t be built with septic systems but can be connected to the Sewer Treatment Plant and therefore can be built. D.E.P. approval of these plants doesn’t include the sewer collection system. Mr. Pisinski advised the Board Members that he would come back to them with regulations and applications, etc. The plans will need to be reviewed by a civil engineer so Fuss & O’Neill will be contacted.

REPORT ON CORE DIRECTIVES
Tobacco Control
Mrs. Sacco will contact the Massachusetts Medical Association about the Non-Smoking Calendar in hopes of having the children in Southborough Schools participate this year.
Emergency Preparedness
Local Emergency Planning Committee will be meeting on December 5, 2006. Mrs. Brefka, Mrs. Sacco and Mr. Pisinski will attend the meeting because Dr. Fazen will not be able to make a Tuesday Meeting due to his office schedule.
MRC – The consensus of the Board Members and several attendees was that the Meeting was very productive and that it went very well. Mrs. Sacco said that she had spoken with Tonya Bernard who expressed an interest in the Executive Committee. Dr. Fazen spoke with Betsy Swartz regarding fund raising and the Executive Committee, she was interested in being contacted in December. Dr. Fazen also expressed, along with the other Board Members, his gratitude for the presentations which were made by the Police and Fired Chiefs. Mrs. Sacco offered to send each of them a letter of thanks. The meeting produced a good Q & A session and several people picked-up their Emergency Protection Kit, which was purchased with Region 4A money.
Wellness/Obesity - Mrs. Sacco shared some of the programs that the Southborough Schools are offering. The schools did a “Food Play”, which taught the kids how to make better food choices. They had a dentist come to the schools and the kids were encouraged to turn their candy into the school to be sent to the soldiers or to earn some money.
Working with other Departments – Dr. Fazen asked Mr. Pisinski about the Public Safety Facility Committee saying that he thought that the Board of Health should be included in the office space. Mr. Pisinski told Dr. Fazen that the Board of Health was included in the Municipal Office Space study which would house departments such as Building and Planning and Conservation because so much of the Board of Health interaction is with these departments. Dr. Fazen would like to see the Board of Health consider a closer connection to the Fire Department and the Police Department, and examine the possibility of a physical presence in close proximity to each of those departments, which would give the Board of Health a strong presence with regards to emergency preparedness and public safety. This should be the new image in Public Health, connected to Public Safety. Mrs. Brefka agreed that as the Board moves into the future we will be more involved with Public Safety and the Fire Department. It was decided that Dr. Fazen would begin by speaking with Town Planner, Vera Kolias and then with Board of Selectmen Chair, Roger Chalen.

NOTIFICATION OF ACTIONS BETWEEN MEETINGS & PENDING ITEMS
Board Members signed the permit for 8 Cherry Street Septic System. There has been no word from D.E.P. on this permit application therefore Constructive Approval of “Drip/GeoFlow” Septic System Construction Permit is assumed.

Paul C. Pisinski – status report concerning N. E. Center for Children and Sewer Service System, capacity, etc. At the October meeting a resident of Cherry St. asked the Board why that neighborhood was not able to connect to the Framingham Sewer System as the New England Center for Children had done. Mr. Pisinski advised the Board that he had spoken to New England Center for Children and as he thought, they had agree to strict limits on the amount of daily flow into the Framingham System, before they were allowed to connect. Specific to the agreement was that no other facilities or private residences would be allows to connect to the sewer system in Framingham.

Licenses
Mark Beltramini D.J. Morris Contracting Co., Inc. 45 Sexton St. Installer New
Robert P. Ciccarelli The Country Gourmet 118 Framingham Rd. Food Retail/Catering New
Septic/Well
St. No. St Name Town Applicant Name Map # Parcel# # Bdrms/GPD Explanation
12 Middle Rd. Southborough Natalie Sewell 54 17 3 Complete Replacement
118 Framingham Rd. Southborough Country Gourmet 75 38 180GPD Revision
5 John St. Southborough Linda S. Noll 47 42 3 Revision
58 Deerfoot Rd. Southborough Joseph & Nancy Baptiste 43 26 4 New
5 Nipmuc Ln. Southborough Fisher Road Realty Trust 81 26 5 Update New
3 Nipmuc Ln. Southborough Fisher Road Realty Trust 81 25 5 Update New
10 Barn Ln. Southborough Fisher Road Realty Trust 81 29 5 Update New
4 Barn Ln. Southborough Fisher Road Realty Trust 72 21 5 Update New
6 Barn Ln Southborough Fisher Road Realth Trust 72 22 5 Update New
150 Parkerville Rd. Southborough Adam Phaneuf 19 86 Well
170 Woodland Rd. Southborough Joe Tassia 9 110 4 New

BUDGET
Members were given a copy of the budget scenario for the next 3 years as Mr. Pisinski is proposing the “new” Board of Health for the Members review.
NEW BUSINESS
Rodenhiser Excavating – licensed pumping company that is delinquent AGAIN by almost 2 months with their septage hauling fees. Mrs. Luther and Mr. Pisinski explained the recurrent problem with Rodenhiser Excavating and payment of septage fees incurred by dumping septage at Upper Blackstone Pollution Abatement Treatment Plant, going back to 2000. It was explained that Mrs. Luther had contacted Rodenhiser several times both via phone and mail with no remittance being made. After much discussion it was decided that a certified letter would be sent giving Rodenhiser 5 business days to make payment for September and October or the matter would be given to the Town’s Collection Agent and their license to haul septage in Southborough would be revoked. Any future delays in payment could be grounds for permanent revocation of their license and they would not be able to haul septage in Southborough.

Review of Public Health Nurse Job Description - The Board was given a DRAFT of the Nurse’s 12 hour per week job description. A brief discussion of how the new Board of Health will look ensued, but due to time constraints, it was decided that full review of the Nursing Job Description will wait until the next meeting.

Update on Robert Heavey Properties - Mr. Pisinski gave the Board Members an update on the progress that Mr. Heavey is making with the three properties at 84, 88 Turnpike Rd., and 2 Woodland Rd. 84 and 88 Turnpike Rd. are completed and we are waiting for the As-Builts to be submitted to the Board of Health Office. Once the paperwork is in, Certificates of Completion and Compliance will be issued. At 2 Woodland Rd., the installation of the Tight Tank has begun and Mr. Heavey hopes to have this site completed and the water-tightness test completed by next week. Mr. Heavey says that he will be revising the design plan for 11 Oak Hill Rd.

Illicit Discharge By-Law – Mr. Pisinski advised the Board Members that the Non-Criminal Disposition portion of the Illicit Discharge By-Law that passed at the Annual Town Meeting was removed by the State Attorney General. This was because the fine portion was ambiguous, stating a fine “up to $300.00”. State Statute requires a specific dollar amount be stated in the By-Law, therefore, that portion of the By-Law will have to be resubmitted with a specific dollar amount. If an illicit discharge is found the By-Law is in effect, but the Town will have to file a complaint in Land Court to enforce any monetary fine.

Annual MHOA Conference - Mr. Pisinski reported that he had attended the Environmental and Engineering Sessions and Leslie Chamberlin went to Bio-Terrorism and Hurricane Response, and other medically based seminars. Time did not permit a fully report to the Board.

Special Town Meeting – The Board Members discussed the Revolving Fund Article that is on the Special Town Meeting Warrant. Dr. Fazen will make the presentation for the Article that will allow the money received from billing Medicare and Senior HMOs into a Board of Health managed fund to pay for immunization clinic.

Board of Health Consultant for Septic Management Plan, Staffing Need, Needs Assessment, etc., $17,000 available – Mr. Pisinski and the Board looked at scenarios for FY09 and FY10 the last two years of Mr. Pisinski’s contractual agreement. Mr. Pisinski advised the Board Members that there is $17,000 available from funds held aside to develop/review/manage Sewer Regulations. A consultant hired to address these issues that also has the qualifications to address the future direction/needs of the Southborough Board of Health could be paid from these funds. Mr. Pisinski explained that he has already contacted 3 different consultants, but none of them have gotten back to him. He is quite interested in the person from Mill River Consulting, because he has done both needs assessments and sewer regulation programs. Mr. Pisinski also explained to the Board Members that the Massachusetts Municipal Association, for Board’s of Selectmen, have a Division that provides local technical Assistance. Maybe that might be a resource to look into.
In FY08 it is expected that Mr. Pisinski will act as a coordinator and management consultant, not just as a Title 5 Inspector, but also work with guiding the Board towards a needs assessment and the future. This scenario will require the use of Sanitarian(s) and the Nurse to do inspections. The Nurse would also work with the MRC and Region 4A issues. The Sanitarian could do some Title 5 Code work along with Housing Complaints, Swimming Pool Inspection and Nuisance Complaints. Mr. Pisinski explained that in the FY 08 budget a Sanitarian would be used only if needed for Title 5 issues, with Mr. Pisinski familiarizing him/her with Southborough.

At the next meeting the Board will take a hard look at the “big picture”.

The meeting adjourned at 5:00 PM

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