WEST AMWELL TOWNSHIP BOARD OF HEALTH

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

The meeting was called to order at 9:10 p.m. and was declared in compliance with the Open Public Meetings Act by notice having been faxed to the Trenton Times and the Lambertville Beacon on October 3, 2002 and posted on the Township bulletin board.

Present: Nancy Palladino, Peter Buchsbaum, Gary W. Bleacher, Ken Hart, Attorney Faherty, Secretary Olsen, Mr. & Mrs. Coffee, Ken Baille, and resident Jim Cally.

A letter was received from NJDEP. This will be added as item 6.g.

The minutes of the September 18, 2002 Regular Meeting and October 2, 2002 Special Meeting were approved as received on motion from Bleacher and seconded by Buchsbaum. Roll call: Hart-abstain, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

Attorney Faherty stated that the March 20, 2002 Closed Session minutes could be opened as the matter has been settled. Bleacher moved to open and Buchsbaum seconded. Roll call: Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

Ken Baill addressed the Board of behalf of the Coffey’s. He indicated that the proposed system is an alteration and has been designed to accommodate the expansion of the house to four bedrooms. The property has a high water table of between 12 and 17 inches; the minimum standard for a vacant lot is 24 inches. The proposed mound system raises the treatment zone to 4 feet above the water table. This design was submitted to and reviewed by the County Health Department. However, as it does not meet State code, a waiver is needed from the Township Board of Health. The County takes no exception to this requested action. Mr. Baille also noted for the record that a new well is to be drilled on the property. It will be the required 100' from the septic. A hand dug well on the property will remain.

Hart indicated that the only issue is the high water table and that is being addressed by the raised mound. As long as there’s a 4' zone of treatment, there should be no problem.

Motion to grant the requested waiver was made by Bleacher and seconded by Buchsbaum. Roll call: Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye. The secretary will contact the County with the Board’s decision.

NJDOT Yard Update, Quarterly Report for Groundwater Treatment System:

The third quarter 2002 report covering July, August and September was received. The total mass of MTBE removed to date is 480.6 lbs. The recent quarter total was 138.3 lbs. A full round of sampling from all wells and the drawing of a new plume configuration is scheduled for early in the 4^th quarter of 2002. Hart noted that the numbers are dropping. He is anxious to see the next sample results and if there is any draw back.

Results of October 30^th Well Testing:

These results were reviewed by the Board. A question about whether or not a particular well is being purged prior to testing was raised. The secretary was instructed to check with the County and Sadat about this.

The secretary indicated that another round of testing may be required before the end of the year. She will contact Sadat about this as well.

Status of House on Block 23 Lot 11:

Attorney Faherty noted that a title search has been ordered and he is waiting for its return.

Chapter 173 Revisions:

Comments on an initial draft ordinance were received from Jim Gallos and Bob Clerico. The Board concurred with Clerico that we should introduce this as a completely new ordinance chapter rather than line by line amendments. The secretary will prepare an update that will include an indemnification agreement and distribute it prior to the January meeting.

Mound System Plantings/Bamboo:

A letter was received from Jim Gallos in response to the Board’s inquiries on this topic. NJAC 7:9A requires potential reserve areas to be free from encroachments, e.g., trees or shrubbery, whose roots may cause clogging of the system. This standard would also apply to any newly installed system. Although no minimum distances are set by the code, only grass is allowed on the surface and slopes of a mound. Ms. Weidel met with the Township Committee earlier this evening and further discussion was deferred to the Board before considering an actual ordinance.

Hart noted that State and county regulations should drive this matter and that if the grass is mowed, the bamboo should not grow. He also inquired about how much regulation is desired on property line screens? Palladino stated that mowing does not stop the roots from spreading and the rhizomes may clog a system. She questioned whether we wait for civil litigation or head off a problem? She also indicated that the Planning and Zoning Boards require set backs for plantings that spread. Bleacher suggested, and the Board concurred, that this matter be deferred until there’s a full Board present.

Update on Waiver Granted at October Meeting:

The secretary shared her conversation with Jim Gallos on this matter. There is no guarantee that the new system will work. It couldn’t meet standards. As it was an existing property, a waiver was needed and granted. The bottom line is that it’s better than what was there originally.

NJDEP Response to Last Report Filed:

The secretary spoke with Sal Caccavale on November 27. He noted that a response to the latest report was forthcoming; that the report received was an update rather than the requested quarterly summary; that Sadat has been contacted; and, that he needs to be kept in the loop with contact as events occur and/or have regular updates. The letter was just faxed in today. Sadat also received a copy. NJDEP is now requiring that a seven day notice be given them prior to the implementation of all actions concerning this site. Also, the next report was due November 30^th. The secretary was instructed to contact Sadat about the status of this report as well as the status/results of the soil testing that was done.

These reports were received without comment or question by the Board. However, Palladino noted that a resolution about soil testing witnessing fees being unpredictable and hard to budget for was presented at the League Resolutions Committee meeting this year by East Amwell Township. It was well received. The next step is to locate a sponsor and get a bill into the process.

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

- The soil test location map and preliminary plat for the proposed major subdivision of Block 11 Lots 9.01, 9.02, 9.03 & 9.04 was found to be in full compliance with the code.

- The soil test plot map and/or revised survey for the proposed minor subdivisions of Block 13

Lot 48 (2), Block 7 Lot 8 (2), and Block 23 Lot 16 were found to be in full compliance with the code.

- Notices of Violation for Block 30 Lot 3.03 (open burning); Block 28 Lot 9 (no water supply to apartment) were received. Both conditions were to be abated immediately.

- A memorandum concerning the requirement that licenses are required to own and operate a Kennel, Pet Shop, Shelter or Pound was received.

- The County will not deliver or collect rabies supplies according to this memorandum on Municipal Rabies Clinics. Guidelines and forms from the NJ Dept. of Health and Senior Services were attached.

- Notices of septic system repairs were received for Block 5 Lot 11 (new 1000 gallon tank installed), Block 8 Lot 66 (failed home inspection/ new 1000 gallon tank installed), Block 19 Lot 2 (new laterals installed).

- A memorandum on Groundwater Quality Investigations Resulting from Implementation of Private Well Testing Act was received and discussed. The County is looking for Township assistance in picking up laboratory costs through our 2003 budget as there’s no state funding. Hart stated that $30.00 will not cover the cost as a VOC test alone runs $120.00. He thinks we should stay clear of this as it will pull in the whole Township. Although the law was passed for consumer protection, hits will be sent to the DEP and the County who will be

looking everywhere else. Palladino, and perhaps Hart, will meet with Jim Gallos before the next meeting. Palladino will also contact the League for comment. Hart noted that he will review the legislation in preparation for further discussions.

Chair Palladino opened the public hearing. As there were no comments, the public hearing was closed. Bleacher motioned to adopt on second reading and Buchsbaum seconded. Roll call: Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

This item was mentioned by Kropp at the last meeting. His e-mail comments were read by the secretary. This item will be held over for discussion at the January meeting.

A copy of what the secretary submitted to the Treasurer was shared with the Board. Budget workshops will begin soon.

There were no problems with the proposed date. Notice of the reorganization date will be published.

There was no need for a closed session at this time.

The secretary noted that a 2002 soil testing witnessing log was provided to the Board. It was received with no further comment.

There being no further business before the Board, the meeting was unanimously adjourned at 10:15 p.m.

Respectfully submitted,

Lora Olsen, Secretary

Board of Health