SPECIAL WEST AMWELL TOWNSHIP BOARD OF HEALTH MEETING

April 17, 2002 - 8:30 p.m.

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

Chair Palladino called the meeting to order at 9:05 p.m. and the meeting was declared in compliance with the Open Public Meetings by notice having been faxed to the Trenton Times and the Lambertville Beacon on April 9, 2002 and posted on the Township bulletin board."

Present: Nancy Palladino, Peter Buchsbaum, Gary W. Bleacher, Attorney Faherty, Kenneth Hart, Secretary Olsen, Deputy Secretary Hunt and several members of the public, including Frank Mazzella, Victoria Weidel, Debra Vaccarella, Attorneys Lewis Goldshore and Mary Lou Delahanty, Jim and Leslie Cahill, Ellen O’Neill, Sandy Wilcox, Steven and Robin Cronin, and reporter Cindy Williamson

CLOSED SESSION:

Resolution 03-2002

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:

POTENTIAL LITIGATION - SALT CLAIM

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 to move into closed session and Buchsbaum seconded. Roll call: Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

The Board will go forward with the hiring of an environmental firm to address the salt well situation.

HIRING OF CONSULTANT/PROFESSIONAL SERVICES RESOLUTION:

It was noted that although two environmental firms were contacted for a proposal, only one responded.

Resolution 04-2002

WHEREAS there exists a need for engineering and environmental services for the investigation and remediation of salinity in groundwater, and

WHEREAS R.S. 40A:11-5 specifically exempts professional services from the provisions of the Local Public Contracts Law of 1971.

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

1. The Chairman and Secretary are hereby authorized and directed to execute an agreement with the following for the year 2002:

a . Sadat Associates, Inc., be retained for engineering and environmental services.

2. The services of engineering are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids.

3. The aforesaid is authorized by law to practice a recognized profession and the practice of the profession is regulated by law.

4. The aforesaid is a member in good standing of the profession.

BE IT FURTHER RESOLVED that a notice of this action shall be published in the Lambertville Beacon not more than ten (10) days after passage hereof.

Hart inquired whether the Board wished to hire a subcontractor to do the drilling which would save approximately $800.00. The Board was in agreement that Sadat Associates should do all because of scheduling issues.

Bleacher motioned to hire Sadat Associates, Inc. and Buchsbaum seconded. Roll call: Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

AN ORDINANCE TO AMEND CHAPTER 168 OF THE CODE OF THE TOWNSHIP OF WEST AMWELL, HUNTERDON COUNTY, NEW JERSEY

1. Section 168-8 shall be amended to add the following:

C. If the well on the property yields less than 5 gallons/minute, no permit shall be issued for an irrigation system.

D. If the well on the property yields less than 5 gallons/minutes any permit issued for a pool shall have a stipulation attached to read that the pool must not be filled with water from the well. In addition, a copy of the bill for the pool water shall be submitted to the Construction Office and made part of the permit file before the final Certificate of Approval is issued.

2. Section 168-10 shall be amended to add the following:

L. If the well on the property yields less than 5 gallons/minute, no permit shall be issued for an irrigation system.

M. If the well on the property yields less than 5 gallons/minutes any permit issued for a pool shall have a stipulation attached to read that the pool must not be filled with water from the well. In addition, a copy of the bill for the pool water shall be submitted to the Construction Office and made part of the permit file before the final Certificate of Approval is issued.

3. All Ordinances and parts of Ordinances inconsistent with this Ordinance are hereby repealed.

4. This Ordinance shall take effect after final adoption and publication according to the laws of the State of New Jersey and shall be made part of the Code of the Township of West Amwell.

It was noted that the construction official had reviewed the ordinance. His only concern involved the well record but that this information can be requested of the property owner making an application.

Buchsbaum inquired if having a water miser system would make a difference here? The controlling factor in this ordinance is the well yield not storage capacity.

Bleacher motioned to introduce on first reading and Hart seconded. Roll call: Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye. This ordinance will be published in the April 25^th issue of the Lambertville Beacon. The public hearing will be held at the regular Board of Health meeting on May 15, 2002.

Secretary Olsen noted that the waiver is for Block 23 Lot 31, not Block 25 Lot 4 as listed on the agenda.

There exists a ground water problem on this lot that may be causing the septic disposal system to malfunction during certain times of the year. A design was submitted to the County Health Department on behalf of the Cooper/Weidel family by Frank Mazzella. Two waivers are needed, as follows: (1) a minimum of 25 feet between the drain and the disposal field needs to be maintained and (2) the drain does not extend on all sides of the disposal field. Debra Vaccarella of the HC Health Department and Frank Mazzella approached the Board with a copy of the new design. There was a previous alteration with marginal permeability approved by the Board last year. After it was installed and used, surface water was noted. This area has an elevated groundwater table and there’s been a break out on the northeast side near a new house. Although it is not sewage, it is visible and the neighbor calls constantly about it.

The new plan calls for the installation of a curtain drain. Ms. Vaccarella stated that there’s no distance problem with this as curtain drains do not have the same requirement as other applications--it can go to the line. As to not being on all sides, since the curtain drain sits between the pump tank and the new disposal field, there’s no impact.

Mr. Mazzella noted that there’s a lot of water coming from the area of Quick Chek that impacts this property, as well.

Palladino noted that she is very familiar with the problem and that this is a straight forward approach. The County is OK with it and that there’s no other options available.

Bleacher motioned to approve the waivers and Hart seconded. Roll call: Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

Steve Cronin asked the Board about the status of the salt removal. He stated that they’re looking for solutions and want the situation fixed. Also, that the numbers do not make him comfortable due to the fact that the direction cannot be predicted. He indicated that it was good to know that something is being done and appreciates being kept up to date.

Sandy Wilcox expressed dismay about what it took to get the Board’s attention and at being asked to leave the meeting because of the law suit.

Palladino stated that the salt was removed before the end of March. She also expressed her position that the Board reacted very quickly to the spike in well test results and that people have a right to sue. She was concerned about the feeling that the Board had not been responsive to the situation and stated that it was not the presence of lawyers that spurred the Board to action. She also noted a responsibility to taxpayers corporately and individually in their role as elected officials of the Township.

Buchsbaum concurred and stated that consultants were sought and that one was hired this evening. He also indicated that nothing was done in closed session–the need to hire a consultant was done in open session.

Hart noted that bottled water has been offered and supplied. Also that the Township is attempting to solve the problem.

Bleacher stated that the Board began its investigation before receiving complaints from the residents.

Attorney Faherty responded to the issue of the closed session by stating that the attorneys were representing their clients and that this is therefore a private matter between individuals. By law there can be open and closed sessions.

The secretary was instructed to share information with the residents as it become available. The residents were also informed that they can call the office at any time with inquiries.

Secretary Olsen shared a letter received from a local realtor, who is selling the property at 248 Mt. Airy-Harb Road, about the salt wells and testing. The Board gave direction on responding and requested that the realtor also be directed to NJDEP for additional information that may be there. The secretary will prepare the response and run it past Attorney Faherty prior to release.

There being no further business before the Board, the meeting was unanimously adjourned at 10:25 p.m.

Respectfully submitted,

Lora Olsen, Secretary