WEST AMWELL TOWNSHIP
BOARD OF HEALTH MEETING March 19, 2003

The West Amwell Township Board of Health met on the above date during a temporary adjournment of the regular Township Committee meeting.

Chair Buchsbaum called the meeting to order at 9:20 p.m. The meeting was declared in compliance with the Open Public Meetings Act by annual notice having been published in the Trenton Times and the Lambertville Beacon on January 23, 2003 and posted on the Township bulletin board.

Present: Peter A. Buchsbaum, Gary W. Bleacher, Nancy Palladino, Rick Kropp, Attorney Faherty, Secretary Olsen, Betty Jane Hunt and residents Jim Cally, Pat Stiefel, Tom Stover, Vicki Weidel.

MINUTES:

The minutes of the January 15, 2003 Reorganization meeting were approved as received on motion from Palladino and seconded by Bleacher. Roll call: Kropp-abstain, Palladino-aye, Bleacher-aye, Buchsbaum-aye.

There was nothing to add to the agenda for consideration by the Board.

NJDOT Yard Quarterly Report:

The fourth quarter report on the groundwater treatment system revealed that 69 lbs was removed during the months of October, November and December 2002 bringing the yearly totals to 549.5 lbs.

Well Sampling, Block 8 Lot 56 (Nanni):

The results of the September and December 2002 sampling of this residential well were received. The September report indicated that MTBE concentration was below the laboratory detection limit and the estimated concentration is approximately 390 times less than New Jersey’s MCL for MTBE. The December report stated that MTBE and TBA were not detected at concentration levels above the method detection limits for the analyses.

A letter dated March 4^th was received from Parsons with the recommendation that sampling at this residence be discontinued. The Board requested that Mrs. Nanni be contacted concerning this action.

Salt Wells:

The January 2003 results were received by the Board with no comment. The next round of testing should be scheduled for April according to the secretary’s conversation with Sadat.

Tom Stover expressed concern that he has been brought into the suit and it’ll cost him both as taxpayer and business owner. It was noted that the Board is not permitted to discuss the case although the other parties are free to do so.

At 9:40 p.m., the Chairman called for the Board to enter a Closed Session with Attorneys Tyler & Carmelli.

BOH Resolution 02-2003

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances, and

WHEREAS, this public body is of the opinion that such circumstances presently exist,

NOW, THEREFORE BE IT RESOLVED by the Board of Health of West Amwell Township, County of Hunterdon, State of the New Jersey, as follows:

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter.

2. The general nature of the subject matter to be discussed is as follows:

LITIGATION - SALT MATTER

3. It is anticipated at this time that the above stated subject matter will be made public when the matter has been resolved.

4. This Resolution shall take effect immediately

Palladino motioned for approval of the Resolution and Bleacher seconded. Roll call: Kropp-aye, Palladino-aye, Bleacher-aye, Buchsbaum-aye.

Bamboo Update, if any:

The County’s response to Attorney Faherty’s letter was received this afternoon. The department has determined that the planted bamboo "does not meet the definition of a nuisance" and that Chapter 166 does not apply in this case. Pictures of staked, foot high bamboo, planted several feet from the property line were enclosed. Ms. Hobbs indicated that there "is no impact from these plants on the septic system" at the subject property. The Board is of the opinion that this concludes the matter and the Chair stated that no further action would take place this evening.

Ms. Weidel maintained that the ordinance does apply as it affects her "comfort and general well being" as described in 166-2A(2).

Ms. Stiefel inquired if an ordinance will still be written? Buchsbaum stated that this has not yet been decided. Palladino indicated in the affirmative but reiterated that the Board cannot proceed to court if there is no violation according to our enforcement agency.

Board members received the proposed final draft ordinance prior to the meeting. A change was made to Section 173-9 on remaining lands. Discussion took place on the cancellation portion of the ordinance. This will remain as is with the understanding that an appeal can be made to the Board. Kropp will review the additional recommendations to determine if any of these should be included in the ordinance at a later date.

AN ORDINANCE DELETING AND REPLACING CHAPTER 173 OF THE CODE OF THE TOWNSHIP OF WEST AMWELL, HUNTERDON COUNTY, NEW JERSEY

Motion to adopt on first reading was made by Palladino and seconded by Bleacher. Roll call: Kropp-aye, Palladino-aye, Bleacher-aye, Buchsbaum-aye. The public hearing will be held at the next meeting of the Board scheduled for May 21^st.

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

- Notices of septic repair were received for Block 3 Lot 19 (a new 1000 gallon tank was installed

with baffle and seepage tank repaired) and Block 25 Lot 5 (a new 1000 gallon tank was installed).

- A satisfactory Sanitary Inspection Report was received for West Amwell’s school cafeteria.

- An Advisory Notification under the Private Well Testing Act was received stating that five area wide notification letters were sent out in the area of Route 31/Linvale-Harbourton Road for findings of fecal coliform.

- The Mt. Airy Shopping Village to be located on Block 10 Lot 9 has received preliminary site plan approval for a proposed 20-seat restaurant. However, a full set of detailed plans must be submitted for review prior to construction. The proposed restaurant capacity shall not exceed this number due to the design of the septic plans.

The January and February Reports were received without comment or question by the Board.

The secretary informed the Board about some rescheduling that occurred on Block 17 Lot 39.01 and Block 30 Lot 2 due to heavy snow fall. Given the circumstances, no additional fees were charged.

Palladino requested that the Board enter a Closed Session on a matter that has come to her attention.

BOH Resolution 03-2003

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances, and

WHEREAS, this public body is of the opinion that such circumstances presently exist,

NOW, THEREFORE BE IT RESOLVED by the Board of Health of West Amwell Township, County of Hunterdon, State of the New Jersey, as follows:

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter.

2. The general nature of the subject matter to be discussed is as follows:

HEALTH & SAFETY

3. It is anticipated at this time that the above stated subject matter will be made public when the matter has been resolved.

4. This Resolution shall take effect immediately

Bleacher motioned for approval of the Resolution and Kropp seconded. Roll call: Kropp-aye, Palladino-aye, Bleacher-aye, Buchsbaum-aye.

There were no results to be released at this time.

There being no further business before the Board, the meeting was unanimously adjourned at 11:00 p.m.

Respectfully submitted,

Lora Olsen, Secretary