WEST AMWELL TOWNSHIP BOARD OF HEALTH MEETING

March 20, 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 annual notice being published in the Trenton Times and the Lambertville Beacon on January 24, 2002 and posted on the Township bulletin board.

Present: Nancy Palladino, Peter Buchsbaum, Gary W. Bleacher, Attorney Faherty, Kenneth Hart, Rick Kropp, Secretary Olsen, Deputy Secretary Hunt and several members of the public, including Mr. & Mrs. Cronin, Mr. & Mrs. Cahill, Mr. & Mrs. Zecher, Mr. Wohl, Mr. Atchley, Tom Stover, Tom Holcombe, and Renee Kiriluk-Hill for Democrat.

CLOSED SESSION:

Resolution 02-2002

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 - NUISANCE COMPLAINT

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: Kropp-aye, Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

The Chair stated that the matter will be referred to the County Health Department for investigation. The attorney for the Zecher’s commented that the ordinance allows the Board to appoint a code enforcer and was concerned that the County’s response would not be timely. Attorney Faherty stated that for an alleged violation of nuisance, the ordinance provides for the enforcing agent.

It was also noted that the County can be expected to act both timely and fairly with no pre-inclined position.

Hart motioned for the matter to be referred to the County Health Department for investigation and Kropp seconded. Roll call: Kropp-aye, Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

The secretary noted receipt of three additional pieces of correspondence. One for 8.a and two under correspondence.

The minutes of the January 16, 2002 Reorganization and Regular meeting were approved as received on motion from Bleacher and seconded by Buchsbaum. Roll call: Kropp-abstain, Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

This matter was resolved earlier in the evening by the Township Committee.

These reports were received without comment or question by the Board.

NJDOT Yard:

The secretary noted receipt today of a letter from Parsons Engineering noting they have completed and submitted to NJDEP, on behalf of NJDOT, an Application for a Preconstruction Permit and Certificate to Operate for the groundwater treatment air stripper at the facility on Route 179. They are requesting an expedited review of the application so to allow the system to be installed, tested and in operation by at least late April of this year. The Board was provided a copy of the Township Committee’s resolution of support for the project. A copy of the application is on file.

Well Sampling, Block 8 Lot 56 (Nanni):

The results of the November and January were received. It was noted that the amount of MTBE was given as undetected in the February report. The dichlorodifluoromethane (DCDF) is down somewhat but is generally consistent with previous samples.

Salt Wells:

Results of February testing. The results of the February well testing were received from the County Health Department. These show varying increases, some significant, over the last testing. A few well results show decreases.

NJDEP. A letter was received in response to the Board’s December report. Hart highlighted the four things that will need to be addressed in the next report. These include: a) a remedial plan for long term replacement or treatment of residential wells impacted, b) a monitoring plan, including locations and frequency, c) an implementation schedule for the soil investigation at the DPW yard, and d) a date for the removal of salt from the DPW yard. This report is to be submitted by May 31, 2002. The date has been extended due to NJDEP’s lateness in responding to the Board’s last report and because they are looking for a more comprehensive report to be filed next time. Hart commented on the letter’s statement that the remedial plan is to be prepared by a licensed NJ Profession Engineer as he doesn’t believe that one is needed. This is a standard investigation using the technical rules. However, as they are looking for formal submissions, he recommended that an environmental firm be retained. Kropp noted that reverse osmosis is a method of treatment but that there’s not a lot of options. Palladino will check with John Glynn at the County about when the new salt barn will be available. Hart noted that there’s currently quite a bit of salt in the shed as the weather has not called for its use. As the shed is not that big, soil testing could be done by taking borings around it. The consultant will advise. Kropp believes that the drought is making the situation worse as water is being pulled from greater distances. The Board opened the meeting to the floor for comments.

Tom Stover indicated that determining the level where the salt is entering the affected wells would be a first step. A zone test could be conducted at 20' intervals and casing be installed to seal it off. He also mentioned that it is possible to truck in large tanks (e.g., Lebanon Cheese) and run a line into the house. He didn’t know how much this would cost.

Mrs. Cahill noted that the salt building is in disrepair; that a deeper well won’t solve the problem as their new well is worse than the old one and questioned how much dilution would be necessary to eliminate salt. She is not in favor of RO due to the impact on the resale of their property and that it makes little water for household use; the perception is there and that the damage has been done.

Mr. Cahill stated that showers are an unpleasant experience. He is also interested in knowing the time frame for getting good water. His home is worthless now and he’s concerned about the school. He’s concerned as well about what this is doing to the plumbing and heating systems. There’s a blue-green tint on the salt shed and on his fixtures.

Mr. Cronin asked about monitoring migration towards his property as their results are higher this time and if there will be quarterly well sampling?

Hart noted that they are side gradient from the flow and that he doesn’t expect it to go their way. However, there’s no rhyme or reason to ground water and that rainfall could affect readings.

Mrs. Cahill stated that when they transfer between their wells, the water is foamy. Also that the amount of water provided is inadequate for their drinking needs. She requested that two more bottles be provided.

The meeting was brought back to the table. The Board had no problem providing an extra two bottles of water a month to the Cahills and instructed the secretary to make the arrangements.

Palladino stated that it is time for professional involvement; that the Board will respond quickly to restore homeowner equity; and, that the residents will be kept informed. The secretary will send Board agendas to all residents involved in the testing. She was further instructed to confer with Hart about firms to contact. He will review and make a recommendation. As the Board does not meet again until May, the Township Committee will hire an environmental firm as a professional service. Hopefully, this can be accomplished for the first Committee meeting in April.

Insurance Denial - Selective. The Township was advised that the company has denied coverage based on the Absolute Pollution Exclusion contained in the policies issued by them to us.

Ordinance Review:

Buchsbaum and Kropp will review Chapter 173 of the Township Code concerning Individual Sewage Disposal Systems. The chapter appears to need updating to reflect possible code reference changes, procedural and review responsibilities and fee changes.

CORRESPONDENCE:

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

- New fees for environmental health services will be effective 2/2/02 per this memorandum.

- The Runkle Block 7.01 Lot 9 and Turbeville Block 19 Lot 12.03 site plans have been reviewed and the soil testing conducted found to be in full compliance with NJAC 7:9A standards. The latter application, however, indicated that a couple of items needed to be addressed.

- A letter from the Tobacco Control Program Coordinator offering to attend a future meeting to discuss the importance of tobacco control ordinances.

- Pre-opening recreational bathing facility inspections are to be scheduled as soon as possible.

- Notices of septic system repair for Block 8 Lot 35, Block 11 Lot 1 & Block 26 Lot 6 were received. These repairs involved the baffle and connecting line, installation of a new 1000 gallon tank and a tank/connecting line/bed that was repaired with an infiltrator.

- Sanitary Inspection Reports for Chimney Hill, South Hunterdon HS, West Amwell Elementary & ESC were all satisfactory.

- Mandatory Water Use Restrictions were received for water conservation during the continuing drought. Allowable and restricted uses are delineated.

- Satisfactory 2002 kennel inspections were given to Pierson Creek Kennel, Amwell Valley Conservancy and Rock Road Kennel.

- A site visit to Block 25 Lot 4 yielded several problems and a request has been made that the curtain drain be removed or approved plans be obtained for a new one. The present curtain drain does not meet the code and is also not adequately affecting the ground water.

The Animal Control Officer’s 2002 Licensed Kennel Report was received.

The secretary noted for the record that Habitat for Humanity was originally scheduled to be on the agenda. However, the property they were looking at on Belvidere did not perc so they are not pursuing it. There being no further business before the Board, the meeting was adjourned at 11:10 p.m.

Respectfully submitted
Lora Olsen, Secretary