WEST AMWELL TOWNSHIP BOARD OF HEALTH MEETING

January 15, 2003

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 9:00 p.m. The meeting was declared in compliance with the Open Public Meetings Act by notice having been published in the January 3, 2003 edition of the Lambertville Beacon and Trenton Times and posted on the Township bulletin board.

Present: Nancy Palladino, Peter Buchsbaum, Gary W. Bleacher, Ken Hart, Attorney Faherty, Secretary Olsen, Betty Jane Hunt, Victoria Weidel, Patricia Stiefel Jim & Leslie Cahill, Marion Williamson, Linda LaMontagne, Jim Cally, Bob, Sally & Rob Fulper, and Renee Kiriluk-Hill.

Bleacher moved to elect Buchsbaum as Chair and Palladino seconded. Roll call: Hart-aye, Palladino-aye, Bleacher-aye, Buchsbaum-aye.

Palladino moved to elect Bleacher as Vice Chair and Hart seconded. Roll call: Hart-aye, Palladino-aye, Bleacher-aye, Buchsbaum-aye.

BOH RESOLUTION 01-2003:

BE IT RESOLVED by the West Amwell Township Board of Health that Board of Health meetings will be held on the following dates in 2003:

March 19 September 17

May 21 November 19

July 16

BE IT FURTHER RESOLVED that meetings of the Board of Health will be held at the Municipal Building, 150 Rocktown-Lamb. Road, Lambertville (West Amwell) following regularly scheduled Township meetings.

Palladino moved to approve the Resolution and Buchsbaum seconded. Roll call: Hart-aye, Palladino-aye, Bleacher-aye, Buchsbaum-aye.

No action is necessary at this time. However, the Secretary noted that a copy of the revised law adding school nurse was included in the meeting folder for future reference and consideration.

The minutes of the December 4, 2002 meeting were approved as received on motion from Palladino and seconded by Hart. Roll call: Hart-aye, Palladino-aye, Bleacher-aye, Buchsbaum-aye.

AGENDA REVIEW BY THE SECRETARY:

There was nothing to add to the agenda for consideration by the Board.

NJDOT Yard and Well Sampling, Block 8 Lot 56 (Nanni):

The Secretary spoke with Bob Lane on December 16^th concerning the cleaning progress at the yard and the recently filed report. He stated that the plume has shrunk and is under control and that NJDOT would like to discontinue the Nanni sampling. He was asked to submit this request in writing for this evening’s meeting; however, nothing has been received. Hart requested that the secretary contact Mr. Lane for a progress report.

Salt Wells:

The Secretary noted that the NJDEP quarterly report (November due date) is with the Attorney Tyler.

Both Suzanne of Sadat and Carla Hobbs of County Health were contacted about well purging time. Suzanne indicated that this is not done for the type of sampling being done and Carla indicated that they let the water run for 5 to 10 minutes prior to taking the sample. Hart questioned this and will double check with both Sadat and the County.

The next round of well sampling should take place within the next two weeks. It will include the same eight wells as tested previously.

Chapter 173 Revisions (Review of Draft Ordinance):

Copies of the draft ordinance were sent to Jim Gallos and Bob Clerico for review. Comments were received from Clerico as follows:

Section 173-9: Recommends testing on all remaining land parcels and eliminating the current exception. Palladino concurred stating that this exemption has been used frequently and stated that all remaining land should be perked. However, concern was raised on how farmland assessment would be affected. Hart stated that NJDEP is changing their testing regulations. Buchsbaum was concerned about not creating unacceptable lots. Hart also questioned what would happen if someone wanted to keep 9 acres as woodland? Bleacher raised the concern that eliminating this may cloud other issues. The secretary was instructed to follow up with Clerico on this for justification/elaboration of this issue and its implication on farmland assessment.

Section 173-14: Questioned the punitive damages for applicants that cancel or postpone due to inclement weather or early completion of soil testing. This will be reviewed with our witness.

Section 173-15: The intent of this section was questioned as the approving authority is the County in compliance with State Code. The secretary noted that this section is a carry over from the previous ordinance and will contact Clerico for more insight and direction.

Tracking septic failure, rental properties, and actions of various Boards:

Held over.

Private well test report from meeting with Gallos/League - Palladino and Hart:

The parties were not able to meet as anticipated. This item was held over.

NEW BUSINESS:

Bamboo:

This item was referred back to the Board by the Township Committee at their December 18^th meeting. Additional information had been received and whether or not to develop an ordinance is the question.

Ms. Weidel addressed the Board urging to them to go forward with an ordinance as this invasive plant needs to be contained. She referred to the letter received from the County which included information found on the American Bamboo Society’s website that recommended outward slanted barriers, two to three ft. in depth. This would deflect growth and make it easier to locate and cut. Her concern is with the potential damage to her septic mound should the rhizomes penetrate the system. She stated that residents need help with such matters as this and that there are ordinances that address things such as noise.

Ms. Stiefel also addressed the Board stating that she has learned a lot in the last month and that there are other invasive plants such as maple and wisteria. She said that the solution is simply to contact a company that chemically treats systems to stop root damage. In a conversation with Rutgers she learned that wisteria should not be planted within 50 ft. of a septic system, that bamboo grows wild, and that bamboo is less of a menace than wisteria. She noted that there is currently 200 sq ft. of wisteria growing onto her property from this neighbor and that there are trees within 10 ft. of the septic in question. The County was contacted prior to the planting of the bamboo and they did not object. They saw it and had no issue with it. She also noted that there are other more aggressive plants and that any ordinance drawn up would need to encompass this aspect.

Ms. Weidel stated that the issue is bamboo not wisteria, which she did not plant. The plant is now dead due to the neightbor’s cutting and that it had been nice looking and had stayed in place. She does not want to use chemicals in her septic system and that his information was not part of Mr. Gallo’s comments.

Hart commented that any vegetation near a septic can cause a problem and that by code nothing but grass is to be planted on top of the system. The difficulty here is how to write an ordinance to specify what not to plant. The roots from any tree can invade a system and we can’t just pick bamboo. His question to the County would be "what would they do County-wise?" Goals and other potentials would need to be looked at. Then there’s the problem of how to deal with a system that fails due to this type of invasion. He thinks that Gallos needs to be consulted on any regulatory aspect and Buchsbaum concurred stating that this is a technical matter. Palladino agreed that the Health Department could help and that this is new territory. She has read the information and stated the need for homeowners to have a functioning septic system and the need to protect septic health here in the Township. The rules of State are not complete and towns create rules and ordinances specific to a situation. She feels the Board needs to intervene in this situation but that there’s no model ordinance available. Buchsbaum stated that he’s still not sure about an ordinance but agreed that County Health needs to be involved . Bleacher stated that his concern relates to accountability and that input is needed. A question was raised as to whose jurisdiction it would be to inspect for invasive plants and if an ordinance was passed, it would not help Ms. Weidel. Palladino stated that if something happened to a septic after an ordinance is adopted that Ms. Weidel would be covered because it would kick in when the problem occurs.

Jim Cally asked if existing vegetation would have to be taken into account when installing a septic system? If so, would there then be spot to location one?

The secretary noted her conversation with Gallos that afternoon. His recommendation was to follow industry guidelines in this matter.

The Board felt that the next step in the process is to take the questions and concerns to the County. Hart offered to meet with Gallos on this issue. The item will be carried forward to the March meeting.

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

- Notices of septic system repair were received for Block 7.01 Lot 12 (connecting line and trenches installed) and Block 21 Lot 19 (new 1000 gallon tank installed and work on connecting line and bed).

- Soil tests were in full compliance with the Code and no objection held to the proposed subdivision on Block 8 Lot 29.

The 2002 STDs & TB Report from the NJ State Dept of Health & Senior Services was received. No cases were reported for West Amwell.

This report was received without comment or question by the Board.

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

There being no further business before the Board, the meeting was unanimously adjourned at 10:00 p.m. on motion from Palladino seconded by Buchsbaum.

Respectfully submitted,

Lora Olsen, Secretary

Board of Health