Pepperell Board of Health

April 7, 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: Don Eriksson, Nashoba Publishing, John Visniewski, 31 Bemis Rd. Michael Blood, Scotch Pine Farm, Steven Poirier, Geosyntec Consultants


Minutes to be approved:†† March 17, 2009 tabled minutes to next meeting

Topic of Discussion

Relevant Discussion

Action taken

Vote taken


Business: A

Lordenís Hardware


         Mr. Butcher presented to the Board that our Lordenís hardware store charge has outdated names on the list to charge items. He suggested a revised list to employees to pick up miscellaneous items and put them on a running tab at Lordenís. Do we want to continue having a running tab or purchase items by cash or credit card then get reimbursement for those items?

         Mrs. Malouin doesnít see the point of so many names on a credit card. I think it would be very cumbersome to keep track of how many people are charging things.

         Mr. Lambert stated that if he needs to purchase something he goes to Mr. Hanson who has a town credit card for Home Depot.

         Mrs. Malouin said this credit card would not apply to Lordenís Hardware store.

         Mrs. Malouin feels it should be the secretary and one Board member.

         Mr. Butcher said its good to have good financial control and limitation of people lessens the chance of things getting out of hand.

         Mr. Lambert feels the Secretary and Chairman of the Board should be on the charge for now.

         Mr. Butcher has no objection at least for the time being.

         Mr. Marriner wanted to know if there is a maximum limit for charging.

         Mr. Marriner would like to make a change that no one may charge over $100.00 for one single item. He would like to have the Secretary and Chairman names on the charge.






















Mr. Marriner made the motion to allow the Chairman and Secretary to charge up to $100.00

Mrs. Malouin seconded it.






















A vote was taken. All were in favor.




Business:† B

Farmerís Market































Business: B

Farmerís Market












         Mr. Butcher discussed issuing of permits for Farmerís Market. Under the State Law they do require food retail permits in some instances. The Farmerís Market season is coming up again. The Board needs to make a decision how we will handle applications when they arise. They need to be in compliance with sanitation requirements like any other food establishment especially if prepared foods that are being sold.


         Mrs. Malouin expressed the regulations have squelched the Farmerís Market in terms of being an easy thing to do. If you want to bring your jams or cakes, you then become a food establishment. This makes it that they have to jump through hoops which is unfortunate. The previous Board when we did have a Health Agent discussed, whether, one person would be in charge and would that one person would pull the permit for all the vendors or would we charge each vendor? If one person has the serv-safe certificate then the vendors would operate under that person. I think people on the Agricultural Committee should be given a copy of this so they can digest this.

         Mr. Marriner asked why the BOH is getting involved with this.

         Mr. Butcher explained that some vendors may want to sell home baked products. We would have to treat it as if someone is baking from a home kitchen that is licensed. This regulation comes from the Department of Public Health; the Sate Department of Agriculture was involved in the process of establishing these rules. If its fresh produce being sold thatís one thing, but if they get involved in selling their cookies, pies, etc., it puts them in a situation that we would have to treat them as any other food establishment.

         Mrs. Malouin said it essentially puts a lot of them out of business to sell anything other than products from the garden.

         Mr. Marriner asked Mrs. Malouin to keep explaining.

         Her reply is the State regulations have changed the full flavor of Farmerís Market whatís allowed and whatís not allowed.

         Mr. Marriner asked if this is happening all over the State.

† Mr. Butcher said it is a State wide issue. Inquires are coming in.

††††† We should take a copy of this regulation and put together a little

††††† packet. This help them understand that this is the process

††††† that now exists and †they are going to be limited as to what they

†††† can sell .







         Mr. Butcher asked if it makes sense that Mrs. Grogan, put together this regulation along with an application and have packages ready as people inquire what they need to do. The package can go either electronically or a hard copy. Mr. Marriner agreed.

         Mrs. Malouin said the regulations are on the web site, and people are knowledgeable that this is a requirement. Whether they agree with the requirement is irrelevant.

         Mr. Butcher and Mrs. Grogan will put together a packet for the up coming season of Farmerís Market.




Appointment: A

Mr. Blood , Scotch Pine Farm








            Michael Blood of Scotch Pine Restaurant appeared before the Board of Health, requesting their approval to the ZBA application. Mr. Blood requested to have a function tent on site that will hold up to 150 people for an event. These events will take place on an event by event basis. He will be having porta-potties delivered and picked up for disposal each day of the event. He will be using disposable dishware that will not add any water to septic and leach field system for these events.

            Mr. Butcher contacted Mr. Boyer of the DEP and explained the situation. Mr. Boyer feels that this function tent is considered an expansion of the business and will have an impact on the system as far as they are concerned. Unless they want to make a waiver of the Title 5 variance, I think we need to wait for input from the DEP

            Mrs. Malouin feels that Michael Blood is a very responsible businessman and the last thing he would want to see is his septic system fail. He is supervising the grease traps, and using a lot of disposable dishes for the tent. It is not the BOHís position to pass judgment on the tent. I think we have stalled long enough. If Dave Boyer canít put something in writing, then the Board needs to stand up and make a decision.

            Mr. Butcher said Mr. Boyerís original opinion was that it is an expansion/ new construction of the business.

            Mrs. Malouin said he has not commented yet.

            †Mr. Blood said that no other department in town has considered it as construction. Itís a temporary seasonal business. If ZBA gives me the green light to go you have nothing to say about the tent.

            Mr. Butcher said Mr. Boyer is more concerned about the amount of food preparation being prepared and the amount of water going into the system.

            Mrs. Malouin spoke up and said Mr. Blood explained that these events would be barbeques.

            Mr. Blood asked if the Board could override and make a decision if Mr. Boyer doesnít respond to his request. The Board has been provided with documentation from Mr. Blood.

            Mrs. Malouin said he has a caterering license that the Board signed.

            Mr. Butcher said that is the other complaint. He would like to hear what Mr. Boyer has to say.

            Mr. Blood is concerned that he does not hear from Mr. Boyer within 4 business days, when he has to meet the ZBA.

            Mr. Butcher said we can give conditional approval pending a response from the DEP. If they require you to do an over hall of the system, your permit would be in the negative. We can give local approval but the DEP over rules us.

            Mr. Blood asked if he doesnít hear from the DEP until June then what happens.

            Mr. Butcher told him he would have to cease and desist.

            Mr. Blood said he would be concerned using the system, but he is cooking hamburgers and hot dogs include no water.

            Mr. Butcher said when establishing the system for a 4 bedroom house they come up with so many gallons per day per flow. Even though your usage is less they go back on the number of seats you have. That translates into a gallon per day per seat and that dictates how big the component for the septic system has to be. They will use their standards.

            Mrs. Malouin said if they use this as a 96 seat restraint thatís a miss application of the criteria. I think this Board has the right to say this is an exception to the rule. This is not what he is doing.

            Mr. Butcher said that is why the dialog is going on with Mike and Mr. Boyer. Because this is more than a one time event over the season, he felt the volume and frequency as enough activity as a permanent expansion of the business. This is why Mike was asked to write a letter. My response is to hold off until we get a clear decision from the DEP. Then everyone knows exactly where they stand. Then you wait until next season and see if you can work it through the system.

            Mr. Marriner wanted to know if his opinion was on the phone.

            Mr. Butcher said he could call and get a letter.

            Mr. Marriner agrees with Mrs. Malouin in giving a temporary license.












































Mrs. Malouin made a motion to allow Michael Blood to go forward for the season ending September 30, 2009. If the Board receives written verification from the DEP, and is not in agreement with the Boardís decision come September 30, 2009, Mr. Blood will cease the tent operation upon request, and make the necessary corrections ordered by the DEP.

Mr. Marriner seconded.














































A vote was taken. Two were in favor. One opposed.



Appointment: B

31 Bemis Rd.


























         Mr. Visniewski did a Perc test but because the water table was too high we did a soil testing and sent it out to a laboratory. The test came back as a Class 3 soil. It had a fair amount of silt in it. DEP says if you have Class 3 soil you must a have pressure dosing system, as a part of their approval. I tried several designed systems and because of limited land area. I decided the Presby System because you can reduce the size of the system by 40%. So I proposed the Presby system. The Presby system does not allow pressure dosing so I thought Iíd ask the DEP and the Board for a variance not to pressure dose the system. You approved the it forwarded it to the DEP. The other thing I asked for was a two foot reduction in groundwater clearance which is allowed for Presby if you get DEP approval and the Boardís approval, itís not actually a variance its part of their approval letter that Presby has. I sent that to DEP. DEP looked at and Mr. Boyer sent him an email saying that this is a Class 3 soil; it has to be pressure dosed. I sent him an email back saying thatís why I was asking for the variance. Mr. Boyer said it has to pressure dosed. I changed this into an Infiltrator system, this allows pressure dosing and DEP is satisfied with the system. I also have stuck with the two foot ground water reduction. Mr. Boyer said he could not go along with this as this type of system is not an (I.A. system) Innovative Alternative system. Mr. Visniewski changed the reduction of groundwater from two feet to a one foot ground water separation. The DEP accepted this plan.


         Mr. Visniewski now no longer needs to request a variance from the Board of Health. He is requesting the Board to approve the new system.


         Mr. Butcher asked if Mr. Ritchie reviewed the plans.


         Mrs. Grogan gave Mr. Butcher a letter that Mr. Ritchie had written approving the system.


































Mr. Marriner made a motion to approve the system that Mr. Visniewski has presented.


Mrs. Malouin seconded the motion.

































A vote was taken. All were in favor.

Business: C

Food Inspector Candidates

         Mr. Butcher listed the names of potential candidates and two candidates that may be interested in a Health Agent job. He will call them let them know the position in discussion is for the Temporary Part-time Food inspector.

         Mr. Marriner mentioned the health agent position is not up for discussion tonight.

         Mr. Butcher explained the Food inspectorís position needs to be filled. Mrs. Malouin has been volunteering to do the food inspections but she is leaving at the end of April.




         Mrs. Malouin asked Mr. Butcher if he would rather have a temporary part-time food inspector until the end of June 09, and then what about hiring a part-time Health Agent?

         Mr. Butcherís explained itís hard to talk to people about another position at this time. The current part-time food inspectorís job would be until the end of June. If Nashoba Boards of Health comes in then the BOH will not need to hire anyone. Mr. Butcher wanted to discuss who the Board would invite in and interview for the position of art time Food inspector. †The Board received an application after the cut off date of March 20, 2009, Mr. Butcher asked if the Board wanted to consider him or not.

         Mr. Marriner said to discard the application. After the names were considered Mr. Marriner asked if the BOH will write a letter to those who were not invited for an interview.

         Mrs. Malouin said to have a paid employee write a short letter.

         Mr. Butcher asked if the Board would like to meet on April 14, 2009 to discuss the FY 2010 budget.






























Business: E

Parker Hill Way

         Mr. Butcher asked if the Board had any comments to make to the Planning Board regarding Patenaude Construction building a development on Parker Hill Way. Mr. Ritchie reviewed the plan. They will be on town sewage.


Mrs. Malouin made a motion the Board of Health has no comment on Albert Patenaude, at Parker Hill Way at this time.

Mr. Marriner seconded it.


A vote was taken.

All were in favor.

Business: D

Budget Review

         Mr. Butcher explained the Finance committee, recommends the lower budget if we join Nashoba Boards of Health. We have reduced the hazardous waste line item from $12,500.00 to $6,500.00 we may have to trim out some small items from the budget. The bottom line is we may be faced with no choice by cutting both the Nurses and Secretaryís hours based on a Health agentís position.

         Mr. Marriner asked if Nashoba Boards of Health is interested in coming to Pepperell.

         Mr. Butcher replied that they are and the fee for their service will be $62,000.00 annually.

         Mrs. Malouin asked if they are still willing to offer 24 hour nursing services?

         Mr. Butcher answered by saying Nashoba Boards will be given more nursing services; they will do the Title V portion, food inspection and housing complaints. It is written in the contract.




         Mr. Marriner asked when the Board came into possession of the contract?

         Mr. Butcher said Friday April 3, 2009. Mr. Marriner wanted to know what was in the contract years ago when Pepperell Board of Health was part of Nashoba Boards of Health.

         Mrs. Malouin retorted with, you have to think about what we are dealing with today.

         Mr. Butcher had come back with Pepperell Board of Health will be outsourcing their services if this is voted on. So if the Board has any objections or changes the Board can address them when the contract is drawn up.

         Mr. Marriner feels Nashoba holds you to the letter of the law, and their s no wiggle room.

         Mr. Butcher said to his knowledge where they have room to use discretion they will.

         Mr. Marriner said he saw just the opposite with Nashoba.

         Mr. Butcher said Nashoba is just enforcing each of the Townís laws. I would absolutely want them to enforce state laws.

         Mr. Butcher expressed that it is troublesome to him that if Mr. Marriner doesnít like something he doesnít vote on it. That is why you have government. You vote to change something you donít agree with. Laws are made to be enforced. Mr. Butcher will not ignore the laws.

         Mrs. Malouin asked if we have a bottom line on the staff?

         Mr. Butcher said it depends on the Health agentís hours. We can adjust some items.

         Mr. Butcher referred to the landfill monitoring services that the Board of Health has saved some money on number of times per year the testing takes place.

         Mrs. Malouin asked about the Nurses cell phone contract. She said if the contract ends soon the Board could save money on getting a pre-paid phone and buy minutes for it. Mrs. Grogan will find out when the current contract ends.

         Mr. Butcher explained any increase of money in the budget would require a proposition 2 Ĺ.

         Mrs. Malouin said in the past the BOH held Hazardous waste day every other year.

         Mr. Butcher said regionalization with Devens is no longer possible since we donít have the money to join. Holding a once a year Hazardous waste day is what we will have.

         Mr. Marriner asked Mr. Lambert, if he wanted Nashoba in town?



         Mr. Lambert said no. He had worked with them for many years.

         Mr. Lambert asked when the vendors come to Pepperell for carnivals and the July 4th events will Nashoba Board come out on a Saturday or Sunday to inspect the vendors?

         Mr. Butcher said that is why you talk to Nashoba and add inspecting vendors on weekends as part of the contract.

         Mr. Lambert would like to see in on the contract session if Nashoba Boards is voted in.

         Mrs. Malouin asked Mr. Lambert why he does not want Nashoba Boards of Health?

         Mr. Lambert replied that they are slow in responding.

         Mr. Butcher had come back with whether we have our own agent or Nashobaís agent by law we have up to 45 days to complete inspection. He asked Mr. Lambert how many days were reasonable for Nashoba to respond to an inspection.

         Mr. Lambert said fourteen days.

         Mr. Butcher explained that you put this in the contract.

         Mr. Marriner spoke up saying lets make the changes to the contract then give it back to Nashoba, what if they say now contract has increased monetarily.

         Mr. Butcher explained their so only so much money they can get. You have a wealth of resources they are sending to the town. They a have professional staff, they are certified and this will take a load off us.

         Mr. Marriner said he and Mrs. Malouin have yet seen the contract, to see if it fits our needs.

         Mr. Butcher said he just got it this past Friday. He explained he has a life other than the Board of Health.




Landfill Monitoring

         Mr. Butcher said CEA was the lowest bidder.

         Mr. Butcher said the Mrs. Grogan is requesting Wednesday April 8, 2009 off.

         Mrs. Malouin thinks the office should be opened during the week. Since the office is closed on Friday that would be the day to take off.

         Mr. Butcher said we have good employees we want to give the flexible. If they have earned the time off they should be able to take it off, we donít have the right to tell what days to take off.








Mrs. Malouin made a motion to give Mrs. Castellano and Mrs. Grogan their days off as requested.

Mr. Marriner seconded.







A vote was taken.

All were in favor.












Other Items






         Mrs. Malouin referred to the last Board meeting .A lengthy discussion took place as to issuing a permit to an installer, and whether an installer was licensed to do a Title V inspection. This was a misunderstanding and has been resolved.



         Mr. Butcher informed the Board about the Medicare billing. He said Mrs. Castellano and Mrs. Grogan had a phone conference with a customer representative from N.H.I.C. who the BOH sends the Medicare claims to. He said we have up to the end of this December to send in the 2007-2008 claims. The town will still receive reimbursement on these claims.

         Mrs. Malouin doesnít think the BOH shouldnít wait until December but feels this should be done by July 09.



















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

Meeting was adjourned at 9:40pm

Next Meeting: †April 14, 2009

Respectfully submitted by:†† Sandra Grogan


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

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