Pepperell Board of Health

August 4, 2009 Meeting Minutes



Call to order:†††††††††††††† The Pepperell Board of Health was called to order at 7:05 pm by Mr. Lambert

Members Present:†††††††† Robert Lambert Chairperson, John Marriner, Alfred Buckley

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

Staff Present:††††††††††††† †Kalene Garbarz, Health Agent, Sandra Grogan, Board Secretary

Guests Present: Don Eriksson

Minutes to be approved:†† Mr. Marriner made a motion to accept July 7 and July 21, 2009

††††††††††††††††††††††††††††††††† ††††††††Mr. Buckley seconded it. A vote was taken. All were in favor.

Topic of Discussion

Relevant Discussion

Action taken

Vote taken


Business: A


Amend Local Title 5 Regulations


         Miss Garbarz read the legal notice for the Town of Pepperell dated February 27, 1990, Nashoba will remove all the language contained under Perc-Test except: Fees are due prior to actual testing and are in accordance with Nashoba Associated Boards of Health fee schedule. Under Septic Inspection Nashoba Associated Boards of Health will remove all the language except for appointment cancellations must have 24 hours prior notice. The remainder of the regulations will remain in place.

         Mr. Marriner asked if the fees should be spelled out in the regulations so people can have some idea of what the cost will be.

         Mrs. Grogan explained in 2006, the new fee schedule for Pepperell Board of Health was accepted. At this time costs had increased from $75.00 to $450.00 for Perc-testing a new lot.

         Mr. Buckley said the $75.00 fee for Perc-testing reflects the 1990 regulations, not the fee schedule Pepperell Board of Health had in place prior to Nashoba Associated Boards of Health fee schedule.

         Mr. Marriner would like people to know what the fee is up front.

         Miss Garbarz asked if Mr. Marriner if he would like Nashoba to insert wording under Perc-testing to read as: fees are due prior to actual testing and are in accordance with Nashoba Associated Boards of Health fee schedule. To revisit the motion.

         Mr. Marriner said as long as people donít walk in and have a fit because they thought the fee was going to be $10.00 not $4,500.00. Fees are contingent upon the complexity of the issue not just a flat fee. He said the fees are determined at the time by Nashoba Associated Boards of Health not Pepperell Board of Health.

         Miss Garbarz stated at a previous Board of Health meeting the Board chose to accept Nashoba Boards of Health fee schedule so we need to make reference under to it under Pepperellís regulations.

         Mr. Marriner asked if the legal notice of the Title 5 Regulations. Was anything ever put in to update or amend it?

         Miss Garbarz said she wants to make it clear at this meeting because there are discrepancies with this. She said as it stands as a legal notice it is still valid.

         Mr. Lambert said this document goes back to 1990. Laws change.

         Miss Garbarz reiterated that this notice will still stand as a legal notice.

         Mr. Marriner said the public should be aware that the fees are changing.

         Miss Garbarz said the changes should be in the newspaper.

         Mr. Lambert said Mr. Erikkson is going to put it in the newspaper. It will be on the web, the public will have access to the minutes at the Town Hall or in the BOH office.

         Mrs. Grogan said when someone calls the office the staff will tell them the cost for the permit.

         Mr. Lambert asked Miss Garbarz to read the motion for the Legal Notice of the Title 5 Regulations before the Board votes on it.

         Miss Garbarz revisited the motion in reference to the February 27, 1990 legal notice under Perc-Test we will remove all the language except for: fees are due to prior to actual testing and are in accordance with Nashoba Associated Boards of Health fee schedule. Under septic inspections weíre voting to remove everything except for: appointment cancellations notice must have 24 hours prior notice.

         Mr. Buckley said that sounds nice and clear.




















































  • Mr. Buckley made a motion to accept Nashoba Associated Boards of Health recommendation to remove the language in the Title 5 regulations under Perc Test and Septic Inspections.


  • Mr. Marriner seconded it.




















































A vote was taken.

All were in favor.



Business: B

Vote on Rubbish Contract Fees
















Letter from Hancock Associates













Other Item:

Complaint about stripping lead off a house on Park St.

























Old Business:

Nursing Services

















































Old Business:

Dental Program in Schools

















Old Business:

Trash on Nashua Rd.



         Mr. Lambert said the Pepperell Board of Health will continue issuing and collecting the Rubbish Haulers fees.

         Mrs. Grogan explained that Nashoba Associated Boards of Health does not have a permit fee for rubbish collection. Pepperell Board of Health will be in charge of sending out applications and issuing the permits. The fee will continue at $120.00 per year, and the money will go back to the Town.

         Mr. Marriner spoke about a having a revolving fund for the Board of Health, he said the water and Sewer departments have revolving funds.

         Mr. Buckley said those departments are an enterprise. The State and Town would have to approve this and this would make the BOH a separate eternity. All the fees you would receive would go into a separate account. The BOH could not generate enough money to pay for everything.

   ††††Mr. Lambert said the permits will be sent out by the Pepperell Board of Health for the licensing of rubbish haulers at the fee of $120.00.

         Mr. Buckley said checks would be made out to the Town of Pepperell.




         Mr. Lambert would like to table any discussion of the letter until they are able to come in and talk to the Board.

         Miss Garbarz who is an agent for the Board of Health would like to make a recommendation that we take time to review this and then invite them in to discuss this. She said this is quite involved.

         Mr. Marriner said maybe it would take a couple of weeks before having Hancock Associates, in.

         Mr. Buckley will not be present for the August 18, 2009 Board meeting.

         Mr. Lambert suggested the Tuesday after Labor Day.

         Mr. Marriner said we may need two weeks to digest this information.

         Mr. Lambert said September 15, 2009 is a good time to invite Hancock Associates in.

         Miss Garbarz asked if Hancock Associates could be tabled until September 15, 2009 and we will meet with them at that time.





   Mr. Lambert mentioned to Miss Garbarz that a general contractor came into the office to inquire about the procedures for taking off old paint from a house that has lead under layers of paint.

         Miss Garbarz spoke to this gentleman and stated as long as he does not go down to the bare wood and has good work practices according to the State he can do work there. He cannot sand, or scrape but he can contain. He can put down plastic. I told him he will probably get a visit from you or me. Again he is not de-leading the house.



         Mr. Lambert said the new contractor will get the loose stuff off the house and then put a primer on it.


         Miss Garbarz spoke to the new contractor and she said they are on good terms. She explained he wants to do the right thing. Miss Garbarz spoke to the State and they said as long as he is doing safe work practices he can do the job because he is not de-leading.


         Mr. Marriner thinks the Board should develop a format so there is not a crisis every time someone wants to paint a house.


         Miss Garbarz said this was an isolated case. The previous worker admits he was at fault, he had his 10 yr. child at the property and they were sanding and scraping, technically they were de-leading the paint off the house. She said because there was a child under 18, and they were de-leading, this issue is in OSHAís hand so it is out of the Board of Healthís hand.


         Mr. Buckley asked Miss Garbarz about the children being under 18, this sent a red flag and calls came in about this.


         Miss Garbarz said the problem lies with de-leading the house with children under 18, and in particular the reference was with a 10 yr. old child participating in the work.


         Mr. Buckley asked how the Nurse is settling in.


         Mr. Lambert said he has been getting good reports.


         Mr. Marriner asked about the pre-pouring, as you know we had a previous discussion with Mr. Garreffi about this and he didnít agree with the nurses doing pre-pouring. Again there could be a liability issue.


         Mr. Buckley agrees with nurses not pre-pouring medicines.


         Mr. Marriner said flu shots and blood pressure is a different issue. Iím not totally in sync with cleaning teeth in one particular grade. Iím not sure that Pepperell or Nashoba needs to spend the funds to look at childrenís teeth for one year. We donít know if these children have ever seen a dentist before or will after. We are saying to people, we will look at your childrenís teeth for one year. Iím not convinced with this.



         Miss Garbarz said I think† where you going with the nursing part of this and the dental, you will collectively as a Board will have to discuss this even if this is your issue. This is the environmental part of Nashoba and your discussing dental and nursing which are two different entities. You may want to discuss the nursing with Carol Horgan and then the dental program director, Alice.


         Mr. Marriner asked who was in charge of the nurses.

         Miss Garbarz said you probably would want to discuss this with Carol Horgan who is in charge of the nurses. The dental part would be Alice.


         Mr. Marriner knows this program is being done in other towns, but he feels 14 wrongs donít make it right. I canít understand why we are doing this.


         Mr. Lambert said it would be nice to have them come in and get to know more.


         Miss Garbarz asked if the Board received a presentation from Nashoba about the dental.


         Mr. Marriner said the discussion was more on the sewage and the environmental but kind of weak on the nursing.





         Mr. Buckley said it was discussed but never clarified completely.


         Mrs. Grogan did say when Mr. Garreffi did discuss the nursing and dental services at one of the previous meetings that Pepperell could not pick and chose what part of the services they wanted.


         Mr. Marriner said he would buy that but Mr. Garreffi said Pepperell Board of Health was paying more for its nursing services than other towns.


         Mrs. Groganís response was Pepperell Board of Health requested Nashoba Associated Boards of Health to be available in the previous nurses office and the nurse would be available 10 hours per week, where other towns do not have this type of service.


         Mr. Buckley said this is where we need another month or two to see whatís going on, to see if anyone is using the facilities so the nurse is not wasting her time.


         Mr. Lambert knows the nurse is visiting a gentleman just about every day.


         Mr. Marriner said he is not fully on board; I still have one foot on the dock on this dental thing. I really canít see even if results in no savings to the town, I canít see potential liability if nothing else. I canít see why we are doing this.


         Miss Garbarz explained this is a cleaning, itís prevention. There is different level of health care. As far as dental goes its primary a screening of the teeth, so I donít see how this is hurting anyone.


         Mrs. Grogan said itís a benefit to the children, especially for those who donít have opportunity to get to the dentist. This way they get their teeth checked by a hygienist and if a problem is found a note will go home and encourage the parents to get the children to a dentist. Some children donít have this opportunity.


         Mr. Marriner said he understands it.† Itís all very good I still would like to know more about it.


         Mr. Lambert said letís set up an appointment.


         Miss Garbarz will talk to the hygienist.


         Miss Garbarz said there a descent amount of housing inspections. The letters are going out certified mail. Once they sign the landlord has 30 days from the day they sign receipt to rectify situation. They are being rectified slowly. Food is going good.


         Mr. Buckley asked about the trash on Nashua Rd. The trash has been out there for two weeks now.




         Miss Garbarz said he signed his green card so itís supposed to be fixed by now.


         Mrs. Grogan said the homeowner had a rubbish removal company that he had issues with. Now he was supposed to get a dumpster for the trash.


         Miss Garbarz said this is where the 30 days time line is. He can keep the trash out there for 30 days.


         Mr. Buckley asked how you can give someone 30 days to clean this up. I would have given him 48 hours to have trash picked up.


         Miss Garbarz said call State House, the time frame is in the housing code. If you have a problem with that weíll vote on it at a meeting.


         Mr. Buckley thinks 30 days for this is too long.


         Miss Garbarz agreed. Maybe this is something the Board could vote on. If itís not a Pepperell enforceable regulation, for me to enforce Iím bound by the housing code.


         Mr. Marriner said even if we vote 14 days to correct something, do we have the authority to do that.


         Mr. Lambert said yes, we are the Board of Health.


         Mr. Buckley said some things may take 14 days correct, but trash on the side of the road for 2 to 3 weeks, animals tearing the trash apart should be taken care of quicker.


         Miss Garbarz said itís spelled out on the back of the code if you want to see a violation, hearings, appeals itís in the code.


         Mr. Lambert said if someone is in violation and they are brought before the Board, and as a Board we could fine them.




         Miss Garbarz said she went to a local Pizza Shop and found some violations. She gave them two to three weeks to correct violations. Two weeks to the date I went back to re-inspect and they had everything corrected. They know the seriousness of inspections.


         No more business to discuss.
















Mr. Buckley made a motion† †the Pepperell Board of Health will continue issuing Rubbish Haulers permits. The money will be turned into the Town.


Mr. Marriner seconded it.













Mr. Buckley made a motion †to have the September Board of Health meetings held †on

Sept. 1, 2009 and Sept. 15, 2009


Mr. Marriner seconded it.





























































































































































































































A vote was taken.

All were in favor.



















A vote was taken.

All were in favor.







































































































































































































































Mr. Marriner made a motion to adjourn the meeting. Mr. Buckley seconded it. A vote was taken. All were in favor.

Meeting was adjourned at 7:53PM

Next Meeting: †August 18, 2009

Minutes submitted by:†† Sandra Grogan



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

† Robert Lambert, Chairperson†† ††††††††††† John Marriner†† ††††††††††† ††††††††††† †† †Alfred Buckley