WEST AMWELL TOWNSHIP SPECIAL BOARD OF HEALTH MEETING
July 3, 2002
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 9:35 p.m. and the meeting was
declared in
compliance with the Open Public Meetings Act by notice having been faxed to the
Trenton
Times and the Lambertville Beacon on June 10, 2002 and posted on the Township
bulletin board.
Present: Nancy Palladino, Peter Buchsbaum, Gary W. Bleacher, Attorney Faherty,
Rick Kropp,
Secretary Olsen, Consultants Suzanne Macaoay and Jorge Berkowitz and Attorney
George Tyler.
CLOSED SESSION - SALT LITIGATION:
Resolution 06-2002
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:
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 Bleacher moved for approval of
the Resolution and Buchsbaum seconded. Roll call: Kropp-aye, Bleacher-aye,
Buchsbaum-aye, and Palladino-aye.
The Board temporarily suspended the Closed Session. Buchsbaum moved to retain
Tyler and Carmelli for the Board of Health on the same terms as with the
Township but at no additional cost and Bleacher seconded. Roll call: Kropp-aye,
Bleacher-aye, Buchsbaum-aye, and Palladino-aye.
Buchsbaum then motioned to return to Closed Session and Bleacher seconded.
Roll call: Kropp-
aye, Bleacher-aye, Buchsbaum-aye, and Palladino-aye.
The Board returned to regular session at 11:50 p.m.
RESULTS OF CLOSED SESSION:
Attorney Tyler is to submit appropriate documents to NJDEP and the Mayor/Board
Chair is
authorized to execute said documents. Motion to approve was made by Buchsbaum
and Bleacher seconded. Roll call: Kropp-aye, Bleacher-aye, Buchsbaum-aye,
and Palladino-aye.
Buchsbaum moved to accept Sadat's June 28th proposal for Continued Investigation
and
Remediation of Salinity in Groundwater with a proposed budget of $37,625.00
thereby changing and expanding the scope of the consultant's work.
Bleacher seconded the
motion. Roll call:Kropp-aye, Bleacher-aye, Buchsbaum-aye, and Palladino-aye.
AGENDA REVIEW:
The secretary noted the receipt of two additional pieces of correspondence to be
added under that
designation.
MINUTES:
The minutes of the May 15, 2002 Open Session and May 15, 2002 Closed Session-
Litigation/Salt Matter were approved as received on motion from Bleacher and
seconded by
Buchsbaum. Roll call: Kropp-aye, Bleacher-aye, Buchsbaum-aye, and
Palladino-aye.
UNFINISHED BUSINESS:
NJDOT Yard Update:
The secretary stated that she spoke with Mr. Yousef of NJDOT on May 23rd and
requested an
updated table of results for the monitoring wells at the West Amwell yard. Mr.
Yousef indicated
that he would contact the consultants (Parsons) and have them send this
information to us
directly. To date, nothing has been received. The secretary
will follow up with NJDOT.
Results of March Testing, Block 8 Lot 56:
The MBTE results continue to show that this substance is below the laboratory
detection limit of
1.0 ug/L. An estimated concentration of 0.27 micrograms per liter (ug/L)
was noted. This translates to a concentration level that is more than 250
times less than New Jersey's MCL for MTBE.
The level of dichlorodifluoromethane (DCDF) was found to be consistent with
previous sampling events.
NJDEP Quarterly Report for May 31:
A copy of this report was received from Sadat and reviewed by the Board.
Status of Ordinance Review - Chapter 173:
The secretary recommended that the subcommittee of the Board (Buchsbaum and
Kropp) meet
with Bob Clerico and Jim Gallos to review and update this section as the Board's
meetings are
not conducive for this activity. This suggestion was agreeable to those
present. A morning
meeting was favored. The secretary will check on possible dates.
Chapter 168 Possible Amendment -Tabled Ordinance BOH 1, 2002:
The concern here is the impact on neighboring wells that was expressed by
potential purchasers
of homes in the Orleans development. They did not like the idea of a deed
restriction but were
looking for some protection. This item will be held over.
SOIL TEST WITNESSING REPORT FOR MAY:
This report was received without comment or question by the Board.
CORRESPONDENCE:
The following items were received from the Hunterdon County Health Department:
Several letters concerning minor subdivisions were
received. Block 21 Lot 32 (2) was noted as
needing a NJDEP Letter of Interpretation, that the driveway for Lot 32.02
was to be shown, and
that the existing system for the structures on proposed lot 32.03 would be
inspected by the department. A copy of the proposed construction
application was also received for
subdivision. The soil testing conducted on Block 19 Lot 12.03
and Block 13 Lot 53 was
found to be in full compliance with NJAC 7:9A and the department takes no
exception to these
subdivisions.
Sanitary Inspection Reports were received for Quick Check
(conditionally satisfactory due to
another failed water test) and the Market Grill (satisfactory).
These inspections were done in
May.
Notices of repair for septic systems were received for
Block 7 Lot 19.02, Block 51 Lot 1 and
Block 14 Lot 1.02. The first repair replaced a broken
outlet pipe; the second replaced a
cracked tank with a new 1000 gallon one; and the last one
corrected a baffle problem.
Two Notices of Violation for solid waste accumulation on Block 8
Lot 23.01 were received.
An accumulation of household waste, paint cans, tires, acetone thinner,
plastic, acetone, etc.
were noted. The owner has until July 30th to abate this condition
(originally June 30th).
Animal Control Officer Hoagland submitted her report of the May 4th Rabies
Clinic. Thirty six
dogs and twenty seven cats were vaccinated.
A letter regarding the status of the Water Quality Management Planning Rules
that would
regulate discharges to groundwater of less than 20,000 gallons per day and less
than 2,000
gallons per day was received from NJDEP Commissioner Bradley M. Campbell.
He states
that the Appellate Division of the Superior Court invalidated the adoption due
to procedural
deficiencies. A request for a temporary stay of the invalidation was also
denied. Therefore,
NJSA 58:22-23 et seq., remains in effect.
DISCUSSION:
The secretary noted that we are collecting and filing STW reports. According
to Jim Gallos at
the 9/19/01 Board meeting, witness notes are reconciled in the field with the
County getting the
engineer's certification. There's no cross check of witness notes by the
County. Concern was
expressed by our soil test witnesses after spotting omissions of
information-depth of mottling,
etc. She asked how are future residents protected if information is left
out when the engineer
designs the septic system? The engineer is off the hook because he
designed according to what
was given him, so the resident is left holding the bag. The consensus of
the Board was that our
witnesses should alert the County. The secretary stated that she was told
that the witnesses had
indicated that they would mention the problem to the County.
Palladino noted that she had received a complaint about the house on Route 31
that had been hit
by a truck a couple of years ago. The complaint alleged that rodents were
seen going in and out
of the property. The County's inspection noted no visible rodent activity,
however. The secretary noted that a letter was sent to Bill White
concerning this property. She will follow up as to its status.
Palladino also inquired if any Board member had heard about a possible cancer
cluster along the
Mt. Airy-Harb. Road related to the use of fertilizer? No other
member had heard of this and
indicated that something like this is very hard to prove and costs lots of
money. The Toms River
cluster was referenced as an example.
ADJOURNMENT:
There being no further business before the Board, the meeting was adjourned at
12:05 a.m. July
4th.
Respectfully submitted,
Lora Olsen, Secretary