WEST AMWELL TOWNSHIP BOARD OF HEALTH MEETING

May 15, 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 9:40 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 Ruth Hall, Jim and Leslie Cahill, Jim Cally, Gabrielle Pichler, Consultants Suzanne Macaoay and Jeorge Berkowitz.

AGENDA REVIEW:

The secretary noted an additional piece of correspondence that will be added under Hunterdon County Health Department.

MINUTES:

The minutes of the March 20, 2002 and April 17, 2002 Open and Closed Sessions were approved as received on motion from Bleacher and seconded by Buchsbaum. Roll call: Kropp-aye, Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

Attorney Faherty announced that the agenda order would be changed due to a lawsuit being filed in the Superior Court.

BOH ORDINANCE 1, 2002 - PUBLIC HEARING:

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

Chair Palladino opened the public hearing for comment. Hearing no comment, the public hearing was closed. Bleacher motioned for approval and Hart seconded. Kropp inquired about whose job it would be to enforce the ordinance and stated that there’s no jurisdiction to enforce anything that’s 10 feet outside of a house. He questioned what the problem was that needed intervention by the Township and what would happen if there’s no well record as to yield. Also, would hot tubs and above ground pools require permits? Would a pump test be required to get a permit for existing homes? He noted that in the Board’s earlier discussions on the well ordinance, it was decided against requiring interference testing for impact on neighboring wells. He noted that pool fillings are run at a reduced rate and during off peak demand hours.

Palladino stated that the construction official would enforce this provision. The problem started with the Orleans deed restriction against the filling of pools if the well yield was less than 5 gallons per minute. This was a recommendation in the Developer’s Agreement based on data received. Consequently, this led to the idea that this should be Township-wide to keep residents from using water foolishly and to protect the Township. Kropp was asked to submit changes and clarifications to the secretary. Bleacher withdrew his original motion based on the Board’s discussion. Bleacher then moved to table the ordinance and Hart seconded. Roll call: Kropp-aye, Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

UNFINISHED BUSINESS:

NJDOT Yard Update:

The secretary relayed a recent conversation with Bob Lane of NJDOT about the construction project. The system was up and running as of May 1, all is going well, and we will be receiving quarterly reports. The first report should arrive in August. At six months they’ll be able to give us an idea about trends, volume and expected duration.

A copy of the permit issued by NJDEP to NJDOT for this project was also received. Hart requested that the secretary contact NJDOT for an updated table from the monitoring wells.

NJDEP re: May 31 Quarterly Report:

This report will be submitted by the Board’s consultant, Sadat Associates.

Status of Ordinance Review:

Engineer Clerico was contacted concerning Chapter 173 of the Township Code. He noted that he feels that the State guidelines of 199 are good ones, with the possible exception of the lack of provision requiring fine materials in the select fill requirement. If the Board has specific concerns for him to react to, or they wish to be more stringent in their requirements, he would be glad to meet with a subcommittee that would include Jim Gallos to work on this. A pre-Planning Board meeting night at about 6 p.m. would work for him. However, if the intent is to bring the wording and references up to date along with generic language for County fee changes, the Board can re-adopt with the upgrades.

Buchsbaum indicated that he would like to see some suggestions the along the lines mentioned by Clerico regarding select fill.

CORRESPONDENCE:

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

- The Private Well Testing Act was signed into law on March 23, 2002 and takes effect September 14, 2002. This will require that a well water sample be taken by an agent of a New Jersey licensed laboratory and tested for a large number of possible contaminates. These include total coliform, nitrates, iron, manganese, pH, lead, and all volatile organic compounds for which maximum contaminant levels have been established. In Hunterdon County, the water will have to be tested for arsenic as well. Gross alpha testing is also required by the act, but due to lack of laboratories capable of performing this test, it will not be required immediately. The law applies to resales of existing homes and new homes.

This notification is to be mailed with the tax bills in June/July under the title “Are you selling your home? A letter concerning this issue was also received from NJDEP. The proposed rules are available on their website.

- Signs to raise awareness about Ticks/Lyme disease prevention are available for posting at Township parks.

A copy of a new publication entitled Lyme Disease Action Alert that was mailed to all County residents was received. Copies are available at Township Hall. Also, a community forum on this topic is being held this evening at the County Administration Building.

- Sanitary Inspection Reports were received for Buddies Grill, West Amwell Fire Company, Amwell Valley Diner, Pine Creek Snack Bar, and the ESC School. These inspections were done in January, except for the Fire Company which was March. All reports were satisfactory except ESC which did not have recent water tests.

- A septic system notice of repair was received for Block 12 Lot 53. This repair involved the baffle, connecting line, trench and the installation of a 1000 gallon tank.

- A memorandum on West Nile Virus Avian Surveillance was received. The County will again receive resident calls and reports of dead or ill bird as of April 15. However, only crows and American Kestrels that have been dead less than 24 hours will be sent to the state lab for testing.

- A letter concerning a soil review of a minor subdivision on Block 21 Lot 22 was received. The letter stated that the site plan had been reviewed and that the soil testing conducted was in full compliance with NJAC 7:9A Standards for Individual Subsurface Disposal Systems. The secretary noted that the reference was wrong and that she has so advised the County. A letter from Russell Reid Engineering was received concerning their inspection of the subsurface sewage disposal systems at the former Yellow Brick Toad Restaurant property Block 3 Lot 17.01. Several items were noted that needed attention either by cleaning and/or replacing. The engineer concluded that with the noted repairs, the system should be adequate to handle the wastewater flows for the new advertising agency as it is anticipated that this flow will be less than that of the previous restaurant use. A letter from Steven L. Lang requesting a full refund of his soil test witnessing fees was received. The secretary related the circumstances and that the engineer had canceled after the first day of testing due to dry ground conditions. The witness noted in his report that the operator did not write up the logs and that the soil logs were unofficial. The engineer had been faxed a copy of our ordinance at the time of initial scheduling which states that cancellations result in a forfeiture of fees paid. A total of $800.00 was remitted for the 2 days that were scheduled. As only $400.00 was needed, a refund has been released for that overage. The request for an additional refund was denied. It was also noted that new tests have been scheduled for May 21 and 22 on this lot but that no fees have yet been received.

SOIL TEST WITNESSING REPORT FOR MARCH & APRIL:

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

INTERIM DISCUSSION:

Gabriel Pichler stated that she is in the process of purchasing 248 Mt. Airy-Harb. Road. She has not yet closed but has some concerns and questions. The well has been tested privately but no results have come in. If sodium chloride is detected in her well, will she will be part of this proceeding? What about future affects? Palladino indicated that this would be a long discussion and advise Ms. Pichler to come into the office and review the minutes. Bleacher and Buchsbaum concurred with this approach. Attorney Faherty stated that the lawsuit limits our discussion at this point. It was also noted that there are two sets of well tests. Attorney Goldshore requested that the Sadat presentation be made in open session and took issue with Attorney Faherty’s decision that it is now a matter for closed session due to the law suit that was filed. He indicated that he wanted a dialogue similar to the one held last time and that a public session would help address concerns. Attorney Faherty stated that Attorney Goldshore should contact him directly later as time was needed to digest the suit that was filed and that other comments should be held for the regular discussion portion following the closed session.

CLOSED SESSION:

Resolution 04-2002

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

RESULTS OF CLOSED SESSION, IF ANY:

Bleacher moved to return to Open Session and Buchsbaum seconded. Roll call: Kropp-aye, Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

Attorney Faherty presented the following decisions of the Board:

1) Additional bottled water will be offered to current recipients and capped at 12 bottles per month (3 per person per month)

2) Another round of well sampling of the original wells plus six additional ones is to be performed

3) A draft protocol is to be drawn up by the consultants by Monday with remedial levels

4) An environmental counsel is to be hired

5) Core sampling of soils is to be accomplished as soon as possible

6) The revised consultant proposal is to be accepted and contract signed

Resolution 05-2002

BE IT RESOLVED BY THE WEST AMWELL TOWNSHIP BOARD OF HEALTH that the six statements as outlined by Attorney Faherty--1) Additional bottled water will be offered to current recipients and capped at 12 bottles per month (3 per person per month); 2) Another round of well sampling of the original wells plus six additional ones is to be performed; 3) A draft protocol is to be drawn up by the consultants by Monday with remedial levels; 4) An environmental counsel is to be hired; 5) Core sampling of soils is to be accomplished as soon as possible; 6) The revised consultant proposal is to be accepted and contract signed--be hereby accepted.

Motion to approve offered by Kropp and seconded by Palladino. Roll call:Kropp-aye, Hart-aye,Bleacher-aye, Buchsbaum-aye, Palladino-aye.

SADAT ASSOCIATES:

Kropp moved to accept Sadat’s revised proposal and scope of services letter and Bleacher seconded. Roll call: Kropp-aye, Hart-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye. The Professional Services contract was reviewed by Attorney Faherty, found to be in proper form and was executed by the Chair and Board secretary.

The consultant’s presentation and interim salt recommendations were held in Closed Session due to the litigation.

BOARD RECOMMENDATION TO TOWNSHIP COMMITTEE, IF ANY:

Not applicable at this time.

DISCUSSION:

Attorney Goldshore requested a copy of the Resolution adopted this evening. He addressed the Board concerning the problems the neighbors are facing stating that the Township can spend on Sadat and a special counsel and in the end will have uninhabitable property. He noted that enhanced reverse osmosis is money out for installation and service. Also,that marketability has been affected; there’s possible property damages; and, there’s potential for health problems with this continuing situation. A jug a water containing a Pepsi can was presented for the Board members to see what is coming from the Cahill’s well and what they are bathing in. He asked that the Board deal in an economically prudent manner not dependent on legality but by the heart. Buchsbaum countered that the attorney was not being fair in this assessment, that it is early in the situation, and, to hurry the process would be irresponsible of the Board as a public body. The Board is not hard-hearted but can not make a final decision at this time. Attorney Goldshore pressed that it would not be irresponsible of the Board to get this over with–just buy the homes, rehabilitate and resell them–instead of paying lawyers and consultants. He reminded the Board that the clock is running on this matter and that they are encouraged to make the right and prudent decision soon. He also asked that all reports be shared quickly with him.

The Cahills addressed the Board concerning the jug of water and related that they wear goggles to shower. They indicated that they realize that the Board cannot make a snap decision but are begging for fast movement. They are worried about their kids washing in this water as both kids have had eye infections. This situation has happened over a long period of time but they want help! Mr. Cahill charged that although the situation was brought to the Board’s attention, it was shuffled aside.

Palladino stated that with our litigious society, no one begrudges the Cahills seeking counsel. However, the Board has been tracking this, needs to determine the range of the salt, and the appropriate steps and actions to take, while being responsible to the community’s taxpayers. She assured the Cahills that the Board will work as quickly as possible.

Attorney Faherty indicated that without the lawsuit, the Board could have moved faster. They will now have to react which will take time away from the original direction. Attorney Goldshore reiterated that this situation has an easy solution, thanked the Board for their time and left the meeting. Kropp stated his belief that something else is causing the contamination as ocean water does not do this and that the concentration here is greater than what is showing here. The Board agreed that this particular well should be tested for volatile organics, base neutrals, and coliform as well as sodium and chloride during this next round. Additional information about the new well on the property is also to be obtained from the driller. Hunt noted that the former owner of this property was on the Environmental Commission when they collected information on township wells and may be a good resource person.

ADJOURNMENT:

There being no further business before the Board, the meeting was adjourned at 11:40 p.m.

Respectfully submitted,

Lora Olsen, Secretary