Pepperell Board of Health

February 03, 2009 Meeting Minutes



Call to order:†††††††††††††† The meeting was called to order at 7:00 p.m.

Members Present:†††††††† Scott Butcher Chairman, Virginia Malouin, John Marriner

Members Absent:††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Staff Present:††††††††††††††† Robert Lambert Health Inspector, Sandra Grogan, Board Secretary

Guests Present:


Minutes to be approved:††† January 20, 2009 Mr. Marriner made motion to accept minutes. Mrs. Malouin had a couple of changes, Mr. Marriner made motion to accept amended minutes, Mrs. Malouin seconded. A vote was taken, all in favor.

Topic of Discussion

Relevant Discussion

Action taken

Vote taken




14 Prospect St.





         Mr. Butcher has not received a written response from Town Council.

         Mr. Marriner would like to table this discussion until the Board hears from Town Council.








Catererís Form





















Catererís Form


  • Mr. Butcher explained the guidelines from Mass. Sanitary Code 105 CMR 590.009.The process for catererís from other towns that are going to host function in town, other than a private function will be required to notify the BOH of the particular event. The menu and approximately how many guests will be attending with a copy of there license tare to be submitted to the Board of Health. The Health Inspector is responsible for the forms and enforcement when it is required.
  • Mr. Marriner wanted to know if there is a fee attached to this form.
  • Mr. Lambert said the fee is $10.00.
  • Mr. Marriner wanted to know if the other Board members felt confident with going forward with this.
  • Mrs. Malouin explained in terms of public health safety and preventing potential food outbreaks we have to go forward. I donít anticipate catererís will be non compliant once they are educated and understand the importance of doing this. If 2 to 3 people that eat a certain food from a menu by a caterer you want to do everything to stop it the illness within the 2 to 3 people not having it reach out to more people.
  • Mr. Butcher expressed this form is an audit trail in case of food borne illness outbreak, it would help get to the food source.
  • Mr. Marriner sees this as another step of big brother knowing more about what is going on about other people at the cost of the tax payer. He feels if this if this process is going to do doing something good he is in favor of it otherwise he is not.
  • †Mr. Butcher doesnít see this as a huge time segment for the BOH. I think the attempt is to protect people and fast track the source of the illness is a good thing.
  • Mrs. Malouin said according to her conversation with Mrs. Grogan this has been past practice, with change of personnel it hasnít been enforced. This is part of the duties of the Health Agent.
  • Mrs. Grogan found regulation forms that went back to 2003.
  • Mr. Butcher said the Board is just reaffirming what has been past practice.










Job Description:

Part time food inspector

















Part time Food Inspector


         Mr. Butcher passed out a job description that isnít much different from the previous Boards description except, they called the position a Food Restaurant Inspector and he re-typed it to read a part time Food Inspector. He also put in 10 to 15 hours per week for a short term solution. He is not to sure if it to much or to little hours.

         Mrs. Malouin thinks it is limited by budgetary constraints for this fiscal year. She believes monies were combined for 15 hours a week for a combined Health Inspector at 10 hours a week and a Food Inspector for 5 hours per week.

         Mr. Butcher said the hours and rate of pay that is determined may have to be deferred to the Personnel Administrator.

         Mrs. Malouin explained the Personnel Board is no long the Board to determine the duties, hours or rate of pay, this falls under the Board of Health.

         Mr. Butcher thought Mr. Hanson may have salary guide lines and specific verbiage that could be added to the current job description before going to the next step.

         Mrs. Malouin thinks itís important that the Health Inspector knows his duties as well as the Food Inspector. Mr. Lambert currently inspects the general stores. This takes up a chunk of is hours, now would those duties be transferred over to the Food Inspector?

         Mr. Lambert says he if there was a complaint he would do those. He feels that it would only take a couple of weeks every 6 months to complete the food inspections.

         The possibility of hiring a part time Food Inspector to come in and do the food inspections, making sure everything is in compliance, once every six months was discussed.

         Mrs. Malouin feels itís important not to water down the qualifications. She suggested it would easier to have a staff member to perform the inspections.

         Mr. Butcher feels that it would be beneficial to have one person perform these duties rather than having to piece mail job positions.

         Mrs. Malouin asked if the BOH would be willing to pay for the serv safe course if Mr. Lambert is willing to take on the responsibility of doing food inspections.

         The Board asked Mr. Lambert if he was willing to take the test to become serv safe certified in order to do all the food inspections.

         Mr. Butcher will speak with the Town Accountant to see what line item the monies could come from.

         Mrs. Malouin feels given the fiscal restraints this would be the best course of action and feels Mr. Lambert is very thorough when he does inspections.






Business: A

Household Hazardous Waste Collection


         Mr. Butcher had reviewed the previous household waste day collection back in 2007which was contracted by Clean Harbor. They are contracted through the State. Devens Regional Collection is at least a year away, and there are three contractors on the State bid. All seem comparable.

         Mr. Butcher asked the Board if they feel a Household Hazardous Waste Day should be held.

         Mr. Marriner feels itís in the best interest of everyone to have one.

         Mrs. Malouin said since the last one held was in 2007 and Devens canít do anything for about a year it is a good idea.

         Mr. Butcher will get together with Mr. Hanson the procurement side. Last time this was held was in late spring.

         Mr. Marriner thinks someone should contact the Fire Chief to make sure we can have it at Jersey St. Mr. Marriner wanted to know if it would cost extra money to hold a collection on a Saturday.

         Mr. Butcher will check with Clean Harbors.














Mr. Marriner made a motion to give Mr. Butcher the authority to contact Clean Harbors, the Fire Chief, to set up the Waste Collection Day.

Mrs. Malouin seconded the motion.















A vote was taken. All in favor.



Business: B

Landfill Monitoring Contract






         The Town Engineer is trying to see if we can get some modifications for reducing the scope of the monitoring of the landfill. By our next meeting we should have the answer so we can get the RFP out for the next fiscal year. If we havenít heard anything by next meeting we can take the existing RFP change the dates and re-issue it.

         Mr. Butcher would like to have the Board vote on changing the source of money for landfill monitoring. Currently it is coming out of sanitary landfill purchase services. Starting July 01, 2009 the monitoring testing will come out of landfill closure capital outlay.

         There is money in this line item to care for the testing for the next 3 to 4 years, especially if there can be a scaling in the testing.

         Mrs. Malouin said that the monies that are in the landfill monitoring purchase of service could be turned back into the general fund.

         Mr. Butcher said these monies will pay for the current contract, since the monies has been appropriated.

         Mr. Marriner said the motion would be to use the current line item for sanitary monitoring until the balance is $0.00, then in FY 2010 use the money from landfill closure capital outlay.


















Mr. Butcher would like a motion starting in FY 2010 to have the landfill monitoring services come out of the landfill closure capital outlay


Mr. Marriner made the motion.

Mrs. Malouin seconded it.




















A vote was taken.

All in favor.

Bill Warrants/Licenses


Karenís Korner, Chef on Wheels, Charlottes Cozy Kitchen, Coney Island Hot Dog Stand, St. Josephís Church, Frank Massarelli and† Brian Lagasse DSI installers, Clarkís Retirement Home.



Warrants and permits signed


Other Items:

Masy Systems, Inc.









Masy Systems, Inc.




Medicare & Mass Pro.:








29 Shawnee Rd Complaint





Clarkís Retirement Home











Rabies Clinic

         Mr. Butcher spoke to Mr. Burke Bero from Masy Systems, Inc., that is located in Lomar Park. He would like the Board members to visit the plant. They are a wholesale drug distribution site.

         Mrs. Malouin would like to know what the regulations for storing these products. In addition Mrs. Malouin would like written information from Masy Systems, as to what they are going store as a whole sale distribution center.

         Mrs. Malouin wants to make sure that the local Board of Health is in compliance.

         Mr. Butcher said they will look at Mass. General Laws regarding whole sale drug distribution and compliance.

         Mrs. Malouin said once they have the information then she will take a tour of the facility.


         Mr. Marriner feels that more information is needed from this company as to what will be stored there is needed by the BOH and also the Fire Chief should be informed of the products being stored at this facility.



         Mr. Butcher wants to know where we stand with Medicare Part B.

         Mrs. Grogan informed the Board all the information has been sent out and we should receive a welcome letter in about a week. The Mass Pro claims are ready to be mailed just waiting on special envelopes.

         Mrs. Malouin would like to know about last years Medicare claims. Do we have to send all those claims out at once or do we hold on to a few of the claims and send in later?

         Mrs. Grogan will talk to someone at Medicare about reimbursement.


Mr. Lambert informed Board he went to the address and saw no problems and the Building Inspector went out and he found no violations were found. Pictures were taken and show no violations.

Mr. Butcher said the Health Inspector did all he was supposed to.



         Mr. Butcher informed the Board he spoke to someone at the DEP about the sewer hookup. DEP feels that in light of the economic issues, Mr. Clark has made an effort to comply with the consent order. He has purchased a large amount of materials and they are given him a little extra time. Mr. Butcher asked if the Board of Health had to do anything as an enforcement order, they said they will be revisiting the order in the spring, for now the Board doesnít need to get involved at this time.

         Mrs. Malouin is satisfied with the decision of the DEPís position.

         Mr. Marriner is going to abstain from commenting as he is an abutter of the park.


         Mrs. Malouin wanted to know who would be doing the vaccines this year.


         Mr. Marriner wanted to know if the BOH requests bids for Rabies Clinic.


         Mr. Butcher explained the BOH is dealing with a little amount of money that bids need not go out.


         Mrs. Grogan explained in the previous year one of the local veterinarians wanted to give the vaccines at the clinic. I expressed this to the previous Board. They thought perhaps one year one veterinarian could perform the rabies clinic and the following year the other veterinarian could hold the clinic. I explained the Boards thought about alternate veterinarians every other year. Dr. Lindermuth, who at one time expressed interest in the rabies clinic, said no to the idea and he said he would no longer would take animals for the BOH.


         Mr. Marriner would like to visit this person and repair any hard feelings. They may not be a problem he may not want anything to do with rabies clinic.


         Mr. Butcher would like the rabies clinic to be done just how it has been run in the past with the same veterinarian, as they have been doing a satisfactory job.


         †Dr. Lindermuth felt somewhat hurt for not being asked to do the rabies clinic since he performed de-heading of animals that needed to be sent out to the State Laboratory for rabies testing.


         Mr. Marriner said this could be a valid comment. Talk in this instance is a good soother, and doesnít cost anything. All he can do is throw me out.


         Mr. Butcher said Dr. Lindermuth told the previous board he wanted nothing to do with BOH. Mr. Butcher feels this is a small dollar amount for purchases of service, the labor is free, and doesnít want to fix what is not broken. Dr. Smith will be contacted. The Rabies day will be held on April 4, 2009.




Mr. Marriner made a motion to adjourn the meeting and Mrs. Malouin seconded. All were in favor.

The meeting was adjourned for open session at 8:45pm

Next Meeting: February 17, 2009

Respectfully submitted by:†† Sandra Grogan


_____________________________††† †††_________________________ ††††††__________________________

† Scott Butcher, Chairperson††††† ††††††††††† Virginia Malouin††††††††††† ††††††††††† †† †John Marriner