WEST AMWELL TOWNSHIP BOARD OF HEALTH MEETING

April 20, 2005

The West Amwell Township Board of Health met on the above date following the regular Township Committee meeting.

The meeting was called to order at 9:45 p.m. and was declared in compliance with the Open Public Meetings Act by public notice having been faxed to the Trenton Times and Lambertville Beacon on January 20, 2005 and posted on the Township bulletin board. The Municipal Building is handicapped accessible but the Board office should be contacted 24 hours in advance for any special accommodations.

Present: Nancy Palladino, Thomas J. Molnar, Gary W. Bleacher, Ken Hart, Rick Kropp, Attorney Faherty, Secretary Olsen and Deputy Chamberlin, and Tom Stover

The Minutes of the January 19, 2005 Re-Organization meeting were approved on motion by Bleacher and seconded by Molnar. Roll Call: Hart-aye, Kropp-aye. Bleacher-aye, Molnar-aye, Palladino-aye.

AGENDA REVIEW:

Nothing was added.

OPEN TO THE PUBLIC:

No comments were made.

NJDOT Yard – The Quarterly Report for October-November-December 2004 describing the groundwater treatment system at the NJDOT Maintenance Facility was received. A total of 8.1 lbs. of MTBE was removed for the quarter. The total mass removed by the end of the 2004 was 772.4 lbs.

The Biennial CEA Certification of the NJDOT Maintenance Facility was received by Parsons. The report and CD are on file in the Board office.

Governance Assessment Survey – According to John Beckley of the Hunterdon County Health Department, there are only three pages of the survey that are specific to local boards of health. The Board reviewed the questions and indicated all to be “yes” with the exception of G8:9 which is “no”. This information will be forwarded to the County.

Hydrofracture Update – The search for ordinances on this subject came up empty. Palladino asked that Ron Shapella be contacted concerning the person from Montgomery who mentioned it. Tom Stover questioned why the Board was interested in this as there’s never been recognition that this process caused a problem and that no one knows when the salt came in. He asked that the Board not condemn hydrofracturing over one episode, noting that it is well recognized by the State and that there are laws concerning the

procedure. Bleacher was stated this discussion should not be taking place as the ligitation is not over and Attorney Faherty agreed. Palladino stated that the Board was interested in exploring the topic as there are false positives associated with the procedure. The purpose of the investigation is to provide education on different procedures brought into the town, and would include any vendor, that involves our natural resources. Kropp suggested that the National Groundwater Association website would be one to check. Stover suggested that the NJDEP site would provide better information and that Mike Miller would also be a good resource on the subject.

NEW BUSINESS:

Introduction of BOH Ordinance 1, 2005 – AN ORDINANCE ADOPTING A

The Ordinance was read by title. Bleacher motioned to introduce on first reading and Molnar seconded. Roll Call: Hart-aye, Kropp-aye, Bleacher-aye, Molnar-aye, Palladino-aye. The public hearing will need to be held at a special meeting of the Board on May 18^{th due timing issues. There are also a couple of items that will need to come before the Board—a possible pig license application and a set back problem involving a septic system. It was decided that the Board will try to meet at 7:45 on the 18th with the Township Committee meeting to follow at 8:30. The secretary will contact Gill and Cekoric to ascertain their availability to attend as Kropp and Hart will be unavailable, Palladino has an early commitment and the ordinance needs to be adopted.}

STW Ordinance Concerns – Secretary Olsen relayed that concern has been expressed about a section of the soil test witnessing ordinance in that an engineer can’t certify the presence/absence of wetlands, that a presence/absence letter LOI takes 3-6 months to obtain and carries a fee of $2000. A question was also raised about this as it relates to existing homes. She spoke with Jim Gallos and was told that there’s a GA 25 for repairs that has a quick turn but apparently if there’s a transition area involved, the County requires the applicant to get through DEP. Although there’s not been a lot of feedback on this particular aspect of the ordinance, the secretary requested that the Board members review section 173-18 to see if changes are needed. She also noted that none of the called for items in the ordinance have been received to date but that there’s not been a lot of soil testing activity to date either! Palladino stated that they’ve run into this time frame problem at the Planning Board level as well. It was suggested that the secretary check with Hopewell Township about how they handle this.

STW Event Fee – Linvale Harbourton Road Property – A call was received from Frank Mazzella about some soil testing that he did on a property in Hopewell Township that had a failing septic system. Further research found that 1710 Linvale-Harb. Road is West Amwell property, although the buildings are being taxed by Hopewell. Assessor Gill has been alerted to this. The question for the Board is if West Amwell will accept the soil testing event without receiving the fee money or whether the testing needs to be done again. The Board decided against requiring a retest. However, notes from Mr. Mazzella and the Hopewell witness are to be requested.

ADMINISTRATIVE REPORTS:

Informational Bill List – The following invoices were received and paid from the BOH line through March 2, 2005 and are provided for informational purposes.

DATE VENDOR AMOUNT PAID

January 19, 2005 F&M Transportation (Dec) 1007.50

Stothoff Co (Oct) 3074.00

February 2, 2005 Stothoff Co (repair) 204.80

Polar Spring Water 66.00

March 2, 2005 Jim Chalupa 160.00

F&M Transportation (Jan &Feb) 1901.50

Stothoff Co 164.00

Soil Test Witness Reports for January, February & March 2005 - These reports were received without comment or question by the Board. Total fees received were $2100.00

None

The following items were received from the Hunterdon County Health Department:

renewing their license for 2006 and will no longer board dogs as they can’t meet current standards.

The NJ Dept. of Health and Senior Services provided a copy of their survey on Bloodborne Pathogens. The “Healthy New Jersey 2010” plan is to increase hepatitis B vaccination levels to 100% among public employees who have a reasonable anticipation of exposure to blood and certain body fluids. If these vaccinations are available through the County, the appropriate staff will be made aware of the offering.

A question was raised about the possible pig application and whether this was a residential zone. The limit was thought to be 10 pigs and that there was a minimum acreage requirement. The property is off 31 with the front being commercial and the back residential.

Kropp inquired about the business expansion of residential property and its turning into commercial property over time. His concern here is for private wells/well water when certain materials are stock piled and tankers containing whatever are stored in residential areas. He was advised that this is the zoning officer’s responsibility unless there are unregistered vehicles which would then make it Lt. Bartzak’s area. Attorney Faherty noted that it is difficult at times to chart a change of use.

Tom Stover inquired about the permission process used by the engineer for the litigation and rumors that he has been hearing. He was informed that it was the Township Committee that was sued, not the Board of Health, and that everything comes to them. Bleacher noted that we are dealing with professionals that should be well versed in the matter at hand.

The meeting was unanimously adjourned at 10:30 p.m. on motion from Kropp and a seconded by Hart.

Respectfully submitted,

___________________________

Lora Olsen, Secretary