WEST AMWELL TOWNSHIP BOARD OF HEALTH MEETING

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 10 p.m. and the meeting was declared in compliance with the Open Public Meetings Act by public notice having been published in the Trenton Times and the Lambertville Beacon on January 10, 2002 and posted on the Township bulletin board."

Present: Nancy Palladino, Peter Buchsbaum, Gary W. Bleacher, Rick Kropp, Attorney Faherty, Secretary Olsen, Sandy Wilcox and Victoria Weidel.

There were no additions to the agenda.

The minutes of the July 3, 2002 Special Meeting Open Session and July 3, 2002 Closed Session - Litigation/Salt Matter were approved as received on motion from Kropp and seconded by Buchsbaum. Roll call: Kropp-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye.

Ms. Weidel addressed the Board on her concerns about a neighbor’s planting of bamboo on two sides of her property adjacent to her septic mound. She provided examples of the types of droppings from bamboo and pictures and articles to document the invasive nature of this plant. Her concerns included the extra work involved in picking up the droppings, the effect on her lawn, the issue of its potential to fall over under snow and heavy rain, the effect of 30' high bamboo darkening her house, and its potential for smothering and shading her septic mound. She would like some type of barrier and set back to keep the bamboo from spreading/falling onto her property as she considers bamboo a potential nuisance that needs to be stopped now. The Board raised various questions to ascertain the location of the plantings, and noted that the Board has no jurisdiction under current ordinances in that there has been no impact on her septic; therefore, no violation has occurred. It was noted that this is more of a civil matter between two property owners and it was suggested that she obtain counsel and/or talk with Rutgers about the control of non-indigenous species. Palladino stated her opinion that it is the Board’s responsibility to understand local conditions. She is concerned about the health of wells and septics on properties, especially in light of the fact that both are mandatory features in the township. Buchsbaum suggested that the County health department be contacted to look into the existing and potential conditions of the current septic system and to investigate the impact of shading. Attorney Faherty also suggested that Ms. Weidel send a letter (certified, return receipt requested) to her neighbor stating that she is seeking help from the appropriate authorities involving nuisance or trespass violations. A complaint could then be filed with the judge. The Board instructed the secretary to contact the County health department and request their inspection and investigation of the shading issue on the current mound system.

The secretary reported that she spoke with Bob Lane of NJDOT concerning receipt of both the 1/4 report and the requested well delineation. The current treatment rate is 1100 gallons per day. Weekly operations and maintenance visits are provided by an N-2 licensed waste water treatment plant operator and/or field technician. Monthly reports are filed with NJDEP. Apparently the drought restrictions do not apply to this project; however, if water levels drop they will have to dig deeper wells.

The Yard is now a Groundwater Classification Exception Area due to the plume remediation for MTBE. According to Kropp this means that a deed restriction has been placed on the property

because it can’t meet groundwater standards.

Results of June Testing, Block 8 Lot 56:

The results indicate that MTBE and TBA were not detected at concentrations above the method detection limits. Also that the dichlorodifluoromethane (DEDF) concentration is generally consistent with the previous samplings.

A copy of this report, as filed by Sadat Association on behalf of the Board, was received and so noted.

The results of the wells that were not sampled on the same day as the others due to homeowner unavailability were received and added to the file.

The secretary spoke with Bill White on September 10^th. He stated that notices were sent out two weeks previously via registered mail. No return receipt has been received. Drake Rizzo was dispatched to hand deliver the letter and/or post it and take pictures. The Board requested that the secretary advise Mr. White that he should send the letter via regular mail as well.

Kropp reiterated his concern that it is not right to ban well use for pools with yields under 5 gpm. He stated that it can be made to work. Also, that the ordinance does not address a possible second well on a property. He is not familiar with the effects of irrigation systems. Buchsbaum noted that he is concerned about the latter. Bleacher noted that nurseries come under agricultural wells and that there is a calculation involving square footage to determine the number of gallons needed. The Board decided that the sections on the filling of pools should be deleted. The sections on irrigation systems would remain.

Bleacher motioned to introduce on first reading the revised ordinance. Buchsbaum seconded. Roll call: Kropp-aye, Bleacher-aye, Buchsbaum-aye, Palladino-aye. The public hearing will be held at the next regular meeting of the Board.

Chapter 173 Revisions:

The subcommittee met last month to review this section. A draft based on those discussions was prepared. As the subcommittee also requested that the ordinances of municipalities that are similar in approach to West Amwell be acquired, the secretary obtained copies of both Raritan and Delaware Townships. A similar version was prepared for the Board’s consideration. The Board requested reviews by Jim Gallos and Bob Clerico of draft 2A prior to the next meeting.

The County has been contacted about a September round of well testing. Sadat provided the list of properties to be tested.

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

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

- Two letters concerning minor subdivisions were received. Preliminary review has been completed on Block 23 Lot 16; however soil log and pit bail data need to be submitted on the appropriate forms to expedite final review.

Block 21 Lot 32 was found to be in compliance with NJAC 7:9A. Also, that a visual inspection of the existing system found no evidence of a malfunction at that time.

- A memo concerning Construction Referrals for Proposed Bedroom Additions was received. This listed seven questions that must be answered to assist in the review process.

- Notices of Septic System Repair for Block 32 Lot 5, Block 10 Lot 5, Block 17 Lot 25.01, and Block 8 Lot 34.02 were received. The first involved tank and trench work, the second and fourth the installation of a 1000 gallon tank and repair to the connecting line, the third also had a 1000 gallon tank installed.

- Quick Check received a satisfactory on their latest Sanitary Inspection Report. However 5 more samples must pass before routine quarterly testing can resume.

- Selective Insurance sent claim denials for both Perrine and Hartl. A copy has been provided to the attorney.

- The Hartford also denied coverage based on evidence of policies located. A copy has been provided to the attorney.

BOH ORDINANCE 2, 2002 - POSSIBLE INTRODUCTION (SUBSURFACE SEWAGE DISPOSAL). This ordinance will be held pending review by Gallos and Clerico and discussion at the next regular Board meeting.

As the November meeting conflicts with the League of Municipalities convention, the Board set December 4^th as its next meeting. This meeting date change will be noticed and the public hearing for Ordinance 1 held at that time.

At the August subcommittee meeting, Buchsbaum suggested that we purchase a copy of Title 26 for the office. The request to purchase was made with Attorney Faherty suggesting that we acquire the supplement as well. The secretary will obtain the needed information from Attorney Faherty to effect the purchase.

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

The Board was advised that soil testing is to go forward on Thursday and Friday at the DPW.

ADJOURNMENT:

There being no further business before the Board, the meeting was adjourned unanimously at 11:20 p.m.

Respectfully submitted,

______________________

Lora Olsen, Secretary Board of Health