Pepperell Board of Health

February 24, 2009 Meeting Minutes



Call to order:†††††††††††††† The meeting was called to order at 7:02 p.m.

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

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

Staff Present:††††††††††††††† Sandra Grogan, Board Secretary

Guests Present:


Minutes to be approved:†† February 17, 2009. A motion was made to accept minutes as is. The motion was seconded. A vote was taken. All were in favor.

Topic of Discussion

Relevant Discussion

Action taken

Vote taken



Action Item A:


Technical Seminar on Title 5




         Mr. Marriner feels itís important that at least one Board member attend this seminar. He explained having the knowledge of the new technology of Title 5 will benefit the Board. Mr. Butcher asked Mr. Marriner if he would like to attend. Mr. Marriner will attend in behalf of the BOH.

         Mrs. Malouin said there is money in conference registration account for someone to attend this class.







Mr. Butcher made a motion to have Mr. Marriner attend the Title 5 seminar.

Mrs. Malouin seconded








A vote was taken.

All were in favor.


Business: B



The Board discussed posting the temporary part-time food inspectorís job description.

  • Mr. Butcher would like this position to run in Fitchburg Sentinel and Lowell Sun, for 2 Sundays depending upon the cost of the advertisement. It will be put on the Town web-site, and Charter Communications and any other web-site that allows free job posting. The money to cover this position can come out of this years wages account. After the May Town Meeting, the Board will have better idea in which direction to pursue.
  • Mrs. Malouin explained this would change the roll of the Health Inspector to strictly housing complaints. This could make the Healthís Inspectors position to an on call basis.
  • Mr. Butcher is concerned about Mr. Lambertís health. He is doing a great job, but we need someone who is serve safe certified to take care of the food inspections.









Mr. Marriner made a motion to expend up to the limit the budget allows to the discretion of the Chairman to get the temporary part-time food inspector posted.

Mrs. Malouin seconded.









A vote was taken.

All were in favor.




Business: C

216 South Road





         The property owner of 216 South Road had two years to repair the septic system and receive an issuance of a certificate of compliance. This had to be completed by October 15, 2008.

         Mr. Butcher said we need to get an enforcement letter out and or request the owner to come before the Board.

         Mr. Marriner asked if the Board is able to create a fine without have to vote through the town.

         Mr. Butcher is not sure but he said a fine would have to be higher than the annual contract. The DEP decreased the times of testing from 4 to 2 tests per year. The Bottom line is the homeowner has an ongoing cost to maintain this part of the home. We need to come with a solution for the future. You have people, who signed a contract, when they donít comply they are in breach of contract.

         Mrs. Malouin explained with the tough economy some people have lost their job, and have no resources to maintain a contract, we donít want to burden the homeowner further. Perhaps it better to let them skip a year and catch up the year after rather than fining them.

         Mr. Butcher said the Board does not know if people fall into a financial hardship or not.

         Mr. Marriner said writing a letter is viable. Do we know if we can issue a fine without town meeting?

         Mr. Butcher is not sure. Mr. Butcher would like to meet with Mr. Kevin Ritchie, Title 5 Engineer and discuss this property.











Other Items:

Landfill Monitoring









Landfill Monitoring



Other item




         Mr. Butcher passed out copies of the RFP contract to the other Board members. He explained that he and Mr. Robert Lee, DPW had updated and made minor changes to the RFP. Mr. Butcher said whoever responds has to send in a three year financial statement just so the Board will know they are a profitable company. He will give it to Mr. Hanson who can get it into the central registrar for Monday if the Board approves it.

         Mr. Marriner asked if this had to be advertised and if it was under the state bid.






         Mr. Butcher said the state law requires advertisement. He wasnít sure about the RFP contract being under state bid, so he will look into it.


         Mrs. Malouin wanted to clarify a statement that Mr. Piktialis made at the February 17, 2009. When he was asked if Pepperell was to have a disaster would Lipton respond to it, he said this is where Red-Cross would come in.† Mrs. Malouin looked at the contract and it states that Lipton would respond to a disaster.


















Mr. Marriner made a motion to accept this RFP.

Mrs. Malouin seconded the motion.


















A vote was taken.

All were in favor.


Warrant Articles:






















Warrant Articles:




         A discussion of warrant articles took place.

         Mr. Butcher said the only extra article were going to need is the one that allows us to engage in a contract with Nashoba Boards of Health. We donít necessarily have to put this article on but someone else is bound to.

         Mr. Marriner asked if the Finance Committee approved the dollar amount that Nashoba Boards of Health will take to enter into a contract with Pepperell, then the townspeople vote it down what happens?

         Mr. Butcher said the Board of Health is stuck with a reduced budget and we have to come up with another solution by reducing the hours of our staff to come up with the budget.† Do we want to sponsor the article for Nashoba Board of Health or do we let the Finance Committee lead the charge with Nashoba Boards of Health.

         Mr. Marriner said I think you know my answer.

         Mrs. Malouin said you will have to make a decision by March 3, 2009 no later than 2:00pm

         Mr. Butcher said we wonít† able to submit a article, now if some one else to contact Nashoba and put the numbers up there and put an article on the warrant† and hope the Selectmen will put on the warrant its up to them.

         Mrs. Malouin asked Mr. Butcher how he felt about this.

         Mr. Butcher said it was a coin toss. No doubt in my mind from a selfish point of view as chairman of BOH is to get our proposed budget approved. I would be willing to stand up on the floor and explain why itís critical to have our own staff. If we have our own employees a Health agent, whether a full time or otherwise but if we a Town Nurse, those are our resources we donít have to share them with any other town. They are at our disposal. You could go with Nashoba Boards of Health but your sharing those resources

with other towns. The advantage of having Nashoba Board †

of Health is if you were in a crisis situation you have †


someone available 24 hours a day. Whereas you have to pay

your staff employee for 20hrs. per week, then you need them

for 40hrs for a crisis situation. The following week they donít come to work because of budget restraints. With Nashoba you pay a flat fee but you have flexibility. If you had a pandemic or need nursing coverage it is available.


         †I donít think the BOH has to present the article, if the Finance Committee wants to they can get up and push for Nashoba Boards of Health let them. Other Boards do not know the need to day function of the BOH. †The Health agent many different functions. There are things that donít go away.

         Mrs. Malouin said we are requesting the budget we presented, did I understand you right in saying that the Finance Committee is coming in with a reduced budget?

         Mr. Butcher said they always do. If you look at the warrant there is a requested column, and Finance Committee recommended column. This year I think a lot of departments will be effected by the Finance Committee recommendation because of the deficit the Town has.

         Mrs. Malouin said she knows she wonít be on the Board but her concern is they run the risk of the budget reduced so much that next yearís budget will be functioning the same way we are with this year.

         Unless we can get up and justify our budget request, and Iím willing to do that. We need to explain the risks of falling back to a lower level budget. A lower budget will force us into a skeleton staff part-time situation. You get by but itís not the solution. Or forces us into contracting with Nashoba Boards of Health.

         Mr. Marriner wanted to know where the Finance Committee get their numbers.

         Mr. Butcher said the Finance Committee come up with a figure. They may put out a dollar amount that is low for Nashoba Boards of Health to even entertain.

         Mr. Butcher would like to know what the bottom number is going to be. Until we hear from Nashoba Boards of Health we do not need to submit any article.








         Ronald Lamarre, DSI Permit, One bill warrant.




Other Items:




Other Items:

         Mrs. Malouin wanted to know if Mr. Butcher heard from the attorney regarding 14 Prospect St.

         Mr. Butcher has not heard from Attorney Richardson.



         Mrs. Malouin said that Mr. Lambert expressed concern about private wells needing to have annual testing.

         Mr. Butcher did say some wells do contain arsenic but this testing is another unfunded mandate by the State.




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 8:40pm

Next Meeting: †March 3, 2009

Respectfully submitted by:†† Sandra Grogan


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

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