EAST AMWELL BOARD OF HEALTH JULY 15, 2008 1

The regular meeting of the Board of Health came to order at 7:30 p.m. Present for this meting were Tracy Carluccio, Les Hamilton, Ted Peyrek, Jim Russo, Larry Tatsch and David Wang-Iverson. Tony Berberabe, Tim Martin and Michael Stanbro were absent.

In compliance with the Open Public Meeting Act this meeting was advertised as a regularly scheduled meeting in the January 24 2008 issue of the Hunterdon County Democrat. Notice of the meeting was sent to the applicants, filed with the Township Clerk, posted on the bulletin board, and sent to the Hunterdon County Democrat and Trenton Times on July 9, 2008.

ANNOUNCEMENTS/AGENDA

D. Maksymovich announced that she received a Public Health Message from New Jersey LINCS. Since the June 19^th notification that canine influenza was identified at a Burlington County boarding kennel, additional outbreaks have been identified in Sussex and Mercer County. At this time, several hundred dogs have become ill with one reported fatality associated with these outbreaks. Because this is a newly emerging pathogen, all dogs, regardless of breed or age, are susceptible to infection and have no naturally acquired or vaccine-induced immunity. Virtually 100 percent of exposed dogs become infected. There are two general clinical syndromes – the milder syndrome and a more severe pneumonia syndrome. The milder disease syndrome occurs in most dogs. The dog is sick for 14-21 days and has to be quarantined. The notice advises keeping your dog away from dog parks, pet stores that allow dogs in them and be very cautious who you introduce your dog to. The Board instructed D. Maksymovich to have this announcement placed on the Township web-site.

PRESENTATION OF MINUTES

The minutes were approved with corrections as noted by L. Tatsch, seconded by D. Wang-Iverson and carried with L. Hamilton and T. Peyrek abstaining.

OPEN TO THE PUBLIC

There being no comments from the public L. Hamilton motioned to close, seconded by L. Tatsch and carried by unanimous vote.

UNFINISHED AND NEW BUSINESS

A. HUNTERDON COUNTY DEPARTMENT OF HEALTH INSPECTOR’S REPORT. Daniel Wyckoff, Hunterdon County Department of Health representative was present for this portion of the meeting.

1. MTBE VICINITY OF ROUTE 202/31 & ROUTE 514 OLD YORK ROAD – UPDATE. D. Wyckoff had no new information. He told the Board that he

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would not be able to talk with a representative with NJDEP to find out about the influent. He said that his regulatory responsibility is only on the effluent quality as it compares to the NJ Safe Water Drinking Act. He told the Board he regrets that he is also unable to attain the information on the influent water samples.

T. Carluccio told the Board that she spoke with D. Vaccarella, Environmental Health Specialist for Hunterdon County Department of Health. D. Vaccarella said that she was going to pass the information she had to D. Wyckoff but she said that the information is only the effluent data that the County receives. She told T. Carluccio that there is really no way she or anyone from the County can get the influent data; so the only information the Board will receive is for the effluent. The only way to get the influent information would be directly from the operator who has discontinued distributing the information to the Board, or from NJDEP. However, NJDEP would take approximately a year. She said that the Board’s goal was to look at the information when it came in so the Board would be able to have immediate input if necessary. To date, the Board has not found a way to obtain the information. She thanked D. Wyckoff for his efforts.

2. MESZAROS, LINDBERGH ROAD – UPDATE. D. Wyckoff reported that the County had nothing further on this site. L. Tatsch asked D. Wyckoff if the County is doing any mosquito trapping in that area. D. Wyckoff responded that he spoke with T. Rainey, the coordinator of the program, who told him the County is trapping in that area. L. Tatsch asked if there were any mosquitoes found in that area if the County would notify East Amwell. D. Wyckoff responded yes, they would follow normal protocol for that. He said that he would ask for an update for the next meeting if the Board would like. L. Tatsch did ask D. Wyckoff for a follow-up report. He told the Board that going forward the Township is continuing to pursue a purchase of the site, there are 3 lots actually, through D & R Greenway and at this point it appears that this may just happen in the next year.

T. Carluccio commented that in the past the County confirmed that West Nile Virus was found on the site in what they called the “pool”. From what she understands the County has these grids that they lay out on a map and they call them pools and there was West Nile in that pool around Meszaros in the past when the tires where there; it would be good to know if it is still there. L. Tatsch added that also if the County does any kind of a count of mosquitoes it would be interesting to see if there was a major change between now and previous years when the tires where there. If the data is available it would be interesting to see whether there has been a change. D. Wyckoff told the Board that he would request that information for the next meeting.

3. DELLAPENTA, BLOCK 40.03 / LOT 7 – INCOMMPLETE FILE NOTICE – UPDATE. D. Wyckoff reported that nothing has been provided to the County in response to the letter.

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T. Carluccio commented that the next items, 3, 4, 5 & 6, Dellapenta, Stausley, Myers and Zainitzer are all related to a review that is being done by the County. D. Wyckoff said that there has been no response to any of the letters for those agenda items.

D. Maksymovich added that she received a call from the Dellapenta engineer asking for a copy of the engineer’s certification form that he needed to complete. She faxed him a copy of the form and he assured her that he was going to get the information to the County. A brief discussion followed.

4. STAUSLEY, BLOCK 35 / LOT 33 – INCOMPLETE FILE NOTICE – UPDATE. See item 3.

5. MYERS, BLOCK 23 / LOT 5.03 – INCOMMPLETE FILE NOTICE – UPDATE. See item 3.

6. ZAINITZER, BLOCK 40 / LOT 31 – INCOMPLETE FILE NOTICE – UPDATE. See item 3.

7. OWENS (A.K.A. WOODY’S) BLOCK 16 / LOT 11 – UPDATE. D. Wyckoff reported that he spoke with Mr. Hahn the NJDEP agent who is following the progress on this site. He said that the remediation firm installed temporary points around the contaminated area and they have been able to isolate and determine the flow and have defined the plume that has been affected by the contamination. T. Carluccio asked if they were putting together a plan for the renovation of the ground water. D. Wyckoff responded that they are putting together a plan; the next step is to install permanent wells around the plume and he suspects it is going to be a pump and treat type of system similar to what is happening at the Hess Station site. D. Wyckoff reported that Mr. Hahn has not seen a plan at this point but he did get a report from the radiation firm that they have been taking action and they are making progress. He said that the County will be copied when the plans are submitted and/or approved.

8. STUART, BLOCK 21 / LOT 7 – SOLID WASTE COMPLAINT – UPDATE. D. Wyckoff told the Board that he spoke with the inspector who has been following this case and that the clean up is complete and is in the process of being closed. T. Carluccio commented that this is a solid waste complaint that has been cleaned-up.

9. WENGRYN, BLOCK 14 / LOT 7 – SOLID WASTE COMPLAINT – UPDATE. D. Wyckoff reported that this is making slow progress. The site is due for an inspection on the 23^rd of this month. However, the clean-up is not happening as quickly as the inspector would like, but it is happening.

D. Wyckoff told the Board that with the Stuart site and this site both still have unregistered vehicles on the property which is a zoning problem, not a solid waste

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problem. So, that has been handed back to the Township. The Administrative Officer was asked to inform the Zoning Officer of this information.

10. DITZEL, BLOCK 25 / LOT 9 – NOTICE OF VIIOLATION. D. Wyckoff reported that this notice was for a failing septic system. He told the Board that the tank has been pumped out; the pump receipt has been received. He said that the Ditzel family is looking for an engineer to discern what needs to be done to correct the system. D. Maksymovich told the Board that the Ditzel’s have scheduled soil testing for the beginning of August. A brief discussion followed.

B. PREVIEW COMMITTEE

1. SILVA, BLOCK 8 / LOT 8 – SEPTIC SYSTEM ALTERATION WAIVER REQUESTS. T. Carluccio asked if there was anyone in the audience representing this application. Leo Santowasso, Heritage Consulting Engineers introduced himself and Jeff Hoffman from Flemington Precast, who is the supplier and installer for the peat system, for the record. They are representing the property owner.

T. Carluccio remarked that the Preview Committee reviewed this application. She explained that at the last minute M. Stanbro, Committee Chair, was unable to be here tonight but she spoke with him and has a report. She said that D. Wang-Iverson and she also reviewed the application as part of the Preview Committee.

D. Wang-Iverson suggested that L. Santowasso lead the discussion. He asked L. Santowasso if he received the comments from M. Miller of the NJDEP. L. Santowasso responded that he received a copy yesterday. He said that M. Stanbro had called him yesterday afternoon and mentioned a few items that were of some concern. He said he then called D. Maksymovich and requested a copy of M. Miller’s report which she faxed to him yesterday. He said that they have revised the drawings to comply with those comments. D. Wang-Iverson said that the Preview Committee’s basic problem is it seems there are a lot of technical issues related to this design that this Board is really not qualified to pass judgment on so what he would encourage is for L. Santowasso to discuss the items directly with M. Miller and resolve all of his concerns before this Board could actually pass judgment on the design. He explained that the Board referred the whole application to M. Miller; he has provided the Board with a list of issues that need to be addressed. He stated that since the Board members are not experts in the field of peat systems and drip dispersal systems it is difficult for the Board to pass judgment on whether or not the engineer has addressed all of M. Miller’s recommendations/comments. Therefore, the Preview Committee’s suggestion is for L. Santowasso to discuss this directly with M. Miller and satisfy his concerns, and then the Board would be in a position to act on the new design. A very lengthy discussion followed regarding the particular difficulties with this site and the specifics of the design.

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T. Carluccio said that the feed-back that M. Miller gave her today on the phone about the under drain issue is that they do not typically see under drains as part of these peat systems and that the more effective way to handle that issue is to either pin down the peat pods or to build a mounded system as opposed to a system that is flush with the land surface. She said that the Board has seen mounded systems with the pods sitting up and then also the corners are easier to mark and it is easier to get access to the peat systems so that is the way most designers do them. She said that NJDEP discourages having under drains because you don’t want to have an accident where you are draining septic water. She said as far as the definition of whether the drain would be a water course, NJDEP made it very clear to her that this does meet the definition of a water course because it is gravel, it is not just a pipe, it is pipe lain in gravel. L. Hamilton asked if a French Drain is considered a water course. T. Carluccio responded that it carries water; once you do that you are allowing ground water to move into it which makes it a water course. A discussion followed.

At the conclusion of the discussion T. Carluccio suggested that L. Santowasso speak directly with M. Miller of NJDEP regarding the concerns that he brought up in his review. She said that the Board will not be able to act on this application this evening. She said that the Board looks forward to this being re-designed in the way that the Board requires it to be in order to have confidence in the system.

2. SCHAEFFER, BLOCK 5 / LOT 9 – SEPTIC SYSTEM ALTERATION WAIVER REQUESTS. T. Carluccio stated that this is a correction to a malfunctioning system, there is no expansion of the system and was reviewed by the Preview Committee. T. Carluccio said that due to the lot limitations and soil conditions there are seven waiver requirements that the County has identified; it is a very restrictive site located in the Village on John Ringo Road.

Bob Zederbaum, PE with RBZ Enterprises and John Haley, their soils technician who is responsible for the soils testing as well as the design were before the Board this evening. Mrs. Schaeffer and a neighbor are in the audience.

B. Zederbaum said that the lot is approximately ½ acre; there is absolutely no room in the front of the lot to do anything with regard to any type of modification or putting in a disposal bed because of the width of the right-of-way on John Ringo Road. They tested in the rear of the yard and have brought the system as close as they could to the requirements and regulations of the County, State and Local Authority. He said that they are before the Board this evening requiring 7 waiver requests. He said that these waiver requests are caused by the size of the lot. T. Carluccio said the most significant problem the Board has is the proximity of the system to the wells. She said that she knew B. Zederbaum was going to look into the question if the wells had 50 foot casings. The Board is concerned, that the well on the property itself is only going to be 26 feet from the field and then the neighboring wells are also going to be less then 100 feet. She said

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that the State requirements are for a 50 foot casing on the well if the separation distance is reduced.

B. Zederbaum said that he has a letter from Clayton Kail, the owner of lot number 10, the lot to the south. He provided D. Maksymovich with a copy of the letter for the record. Gail Glasshof, 139 John Ringo Road, the owner of lot 8, identified herself for the record. She told the Board that the casing on her well is the same as the neighbor on the other side of L. Schaeffer. T. Carluccio asked her if she definitely has a 50 foot casing. G. Glasshof responded that she did. T. Carluccio thanked her for coming in person to the meeting. The State regulations require a 50 foot casing if the 100 foot separation distance is reduced.

B. Zederbaum said that the information on L. Schaefer’s well is less then wonderful. He said he checked with Stover’s Wells and Pumps who installed the new pump in 1991. They gave him all of the information they had in their files; the well pump is at 75 feet, the well is about 80 to 90 feet deep and it has a water level of about 35 feet. Stover’s does not have information on the casing; they are presuming it is 20 to 30 feet. He said that it is important to remember that presently this is a failing system. He told the Board that the County has already been involved with the system. He said the design will make things better. He pointed out that the sewage has been accepted into the ground around these wells no matter what the casing depth for many years without a problem. He is asking the Board to consider that information when they consider the application before them this evening. A lengthy discussion of the design, waiver requests and the tight site constraints followed.

At the conclusion of the discussion T. Carluccio remarked that the Board has a list of waiver approvals and conditions. She remarked that the list of conditions is tied to the waivers. She thinks all of these would require notations on the plan; the fact that there is a 50 foot casing on the wells on either side should be noted on the plan so the Board has that evidence.

L. Tatsch moved the acceptance of this plan subject to the following waivers and conditions:

Waivers are granted for the following:

· The separation distance from the existing well on the property is 26 feet from the well on the property;

· The grade of the mound will be a 2:1 slope and not the required 5:1 due to the lot limitations;

· The existing wells on lot 8 and 10 separation distance will be less then 100 feet and the well casings are verified to be 50 feet as required by State regulations;

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· The septic tank will be less then 100 feet from the well on this property and neighboring lots 8 and 10;

· The toe of the mound will be only 10 feet from the property line;

· The disposal bed will be 24 feet from the dwelling;

· The sizing of the system is based on only 1.61 ft per gallon per day.

Conditions:

· Water quality testing for fecal and total coliform bacteria are to be performed before and after the installation of a UV Water Treatment System and that a UV Water Treatment System is to be installed on the applicant’s well. The Board also recommends that water quality testing for fecal and total coliform bacteria be performed annually by the homeowner. Results of the water quality testing are to be sent to the East Amwell Board of Health.

· The waivers and conditions are to be noted on the plan by the design engineer. The plans are to state that this is an alteration to correct a malfunctioning system and the granting of the waivers or conditions.

· By granting waivers and conditions as listed above East Amwell Township and the Hunterdon County Department of Health assumes no responsibility for the system and shall be held harmless.

The motion was seconded by D. Wang-Iverson and was carried by unanimous vote.

C. UNIONVILLE VINEYARDS, BLOCK 32 / LOT 1 – UPDATE. T. Carluccio reviewed the correspondence as listed on the agenda. She told the Board that the Board does not need to decide this tonight.

L. Tatsch commented that in C. Stark’s (of Unionville Vineyard) letter it is suggested that the drain from the equipment room be sealed, but that the drains from the White’s building would remain shut. These would have a valve installed that would remain shut unless there is cleaning in process and so for only that time the valves would be open. He states that would be to prevent an inadvertent spill finding its way out of the building. He is also suggesting that instead of being connected to the septic tank that it be connected to the seepage pit. T. Carluccio remarked that she thought that they were not supposed to be connected to the septic tank. L. Tatsch and L. Hamilton agreed. L. Tatsch said that he thought that it was connected to the seepage pit. L. Hamilton said that he could not recall what was said when the Board discussed this about four years ago. He suggested that D. Maksymovich gather the information relative to this discussion. T. Carluccio agreed that since the Board does not have to decide this tonight, that is a good suggestion. This will allow the Board to review what was agreed upon before. T. Carluccio instructed D. Maksymovich to gather the background information on this site. L. Hamilton commented that would be nice, with a new owner coming in to get information to answer F. Routh’s questions and help the Board understand the vineyard’s processes.

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D. Maksymovich told the Board that C. Stark has extended an invitation to the Board and herself to take a tour of the Vineyard. He would give the tour himself and the Board could ask him any questions, he would show the Board everything on site. He said just to let him know when it would be convenient. C. Stark told D. Maksymovich that he does not want to hide a thing he wants the Board to know everything that is going on at the site and he would like to start off with a tour for the Board. The Board thought the tour is a good idea.

T. Carluccio told the Board that Debi Vaccarella, Hunterdon County Department of Health told her that they required water quality testing and it is being done and is up to date for the Vineyard and also that they had their annual inspection, which occurs every 4 years, in January 2008 and that everything met their satisfaction.

D. HUNTERDON COUNTY FAIRGROUND (SOUTH COUNTY PARK

BLOCK 8.02 / LOT 1 – UPDATE. T. Carluccio reviewed the correspondence as listed

on the agenda.

E. SCIBILIA, BLOCK 11 / LOT 37.03 – SEPTIC SYSTEM. T. Carluccio reviewed the correspondence as listed on the agenda. She commented that someone in the Township Attorney’s office looked at the septic system regulations and spoke with NJDEP. What they found out is that if the easement is owned by the property owner next door, and if they have an easement for the septic system in their name it is legal to do. L. Tatsch told the Board that this is moving ahead. T. Carluccio said that she provided Board of Health information to the Township Attorney who is working out the language of the easement to make sure the ten foot separation distance is in the easement because that is required.

T. Carluccio commented that the variance from the Zoning Board of Adjustment has expired so G. Scibilia has to work on that.

F. TABBY’S PLACE, BLOCK 9.01 / LOT 5. T. Carluccio reviewed the correspondence as listed on the agenda.

ITEMS OF DISCUSSION

A. SOURLAND MOUNTAIN SMART GROWTH/SOURLAND REGIONAL WATERSHED PLAN/EAST AMWELL MLUNICIPAL STORMWATER TASK FORCE.

Sourland Mountain Smart Growth: T. Carluccio had nothing to report.

Sourland Regional Watershed Plan: T. Carluccio had nothing to report.

East Amwell Municipal Stormwater Task Force: T. Carluccio had nothing to report.

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B. EDUCATION AND HEALTH ISSUES. T. Carluccio reviewed the correspondence as listed on the agenda.

C. THE RIDGE AT BACK BROOK. LLC, BLOCK 25 / LOT 10 – MINOR SITE PLAN – FLAGPOLE FOR WINDSOCK. T. Carluccio commented that this is a copy of the application for a minor site plan for the Helipad. L. Tatsch noted that several months ago Joel Moore, owner of The Ridge at Back Brook, came before the Planning Board and he had two requests for consideration. One was for an 8 unit lodge to accommodate overnight guests and the other was a helipad so that his clientele could, if they wish, land at the site. L. Tatsch said that J. Moore asked the Planning Board to provide some guidance as to whether the Planning Board would recommend that he move ahead on either or both of those two requests. The Planning Board said that with regards to the helipad they recommended that he not move ahead. With regards to the lodging the Planning Board said for him to provide them with a proposal/plan. The Township has not received any further information regarding the lodging request, only for the helipad. A brief discussion followed.

D. 2008 BUDGET. T. Carluccio reviewed the Temporary Budget as presented by the CFO.

ADMINISTRATIVE OFFICER’S ORAL REPORT

Hunterdon County Department of Health Publications: D. Maksymovich told the Board that she had a meeting with Carla Hobbs of Hunterdon County Department of Health and found out about some wonderful publications that are available through the County. She made two foam core poster boards with some of the publications displayed for T. Carluccio to take to the 4-H Fair. She explained that she has some of the publications displayed on the bulletin board outside of her office door; the publications will be available from her office for all East Amwell residents when the new office configuration is complete.

Ordinance 08-07 – Sourland Mountain Ordinance: D. Maksymovich distributed the Sourland Mountain Ordinance for the Board’s general information.

Tour of Unionville Vineyards: D. Maksymovich reported that C. Stark, Unionville Vineyard’s vintner has offered the Board of Health a tour of the vineyard. She was asked to arrange such a tour.

Application for License to Conduct an Eating or Drinking Establishment or Food Handling Establishment: D. Maksymovich recommended that the Board increase the food establishment prices. She explained that East Amwell does not charge as much for food licensing as some of the other municipalities in Hunterdon County. She used Raritan Township as an example; they charge $25.00 over what East Amwell charges. T. Carluccio asked what that means for East Amwell in terms of income. D. Maksymovich

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said that if the Board charged an additional $25.00 that would cover increased administrative expenses. She was instructed to draft the ordinance that would cover this increase. She also pointed out that Raritan Township charges a late fee; she explained that every year there are three or four eating establishments that she has had to “chase” for the money by sending reminder letters and then a final certified letter. She thinks a late fee would get the message to the owners of the establishments how important it is to renew their Food Licenses in a timely manner.

Pump Municipal System: D. Maksymovich reminded the Board that it has been quite some time since the Municipal septic system has been pumped. The alteration to the system was done in April of 2005 and there is no evidence that the system has ever been pumped. She stated that since we are the Board of Health we should be on top of that. She recommended that the Board of Health tell someone to have the system pumped. L. Tatsch suggested telling T. Matheny, Township Administrator.

CORRESPONDENCE

T. Carluccio reviewed the correspondence as listed on the agenda.

BILLS OF THE EVENING

L. Tatsch motioned to pay the bills of the evening, seconded by D. Wang-Iverson and carried by unanimous vote.

OPEN TO THE PUBLIC

There being no public present L. Hamilton motioned to close to the public, seconded by L. Tatsch and was carried by unanimous vote.

ADJOURNMENT

At 9:40 p.m. L. Tatsch motioned to adjourn the meeting, seconded by T. Peyrek and was carried by unanimous vote.

__________________________________________

Darlis Maksymovich, Administrative Officer