EAST AMWELL BOARD OF HEALTH                     OCTOBER 21, 2008                     1

 

The regular meeting of the Board of Health came to order at 7:30 p.m.  Present for this meeting were Tony Berberabe, Tracy Carluccio, Tim Martin, Ted Peyrek and L. Tatsch.  Les Hamilton, Jim Rosso, Mike Stanbro and David Wang-Iverson 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 October 9, 2008.

 

ANNOUNCEMENTS/AGENDA REVIEW

 

D. Maksymovich added the following item to the agenda; 5.B.2.d.

 

PRESENTATION OF THE MINUTES

 

There being no corrections T. Peyrek motioned to approve the minutes as presented, seconded by T. Berberabe and carried with L. Tatsch abstaining.

 

OPEN TO THE PUBLIC

 

T. Carluccio opened the meeting to the public for items not listed on the agenda.  Guy Grignon, 77 Wertsville Road identified himself for the record.  He stated that he was in attendance to present research and facts concerning outdoor wood burning boilers.  He said the information was obtained from the internet and is scientifically backed.  He told the Board that his son-in-law Josh Darcy will give the presentation.  Josh Darcy identified himself for the record. 

 

J. Darcy stated that these are facts concerning outdoor fire wood furnaces and hot water heat based on boilers and hot water heaters.  He distributed copies of “Outdoor Furnace Facts”, “Outdoor Furnace Facts – Myths vs. Facts: Common Myths about Outdoor Furnaces” (copies on file with the Board of Health).  He reviewed the information with the Board as detailed in the documents he distributed. In summary he discussed EPA emissions guidelines for an outdoor wood fire furnace as opposed to indoor wood burners and fireplaces.  J. Darcy concluded by stating he wanted the Board to have all of the facts, which anyone can look up on the internet at Outdoor Furnace Facts.com, regarding this technology.

 

T. Carluccio thanked J. Darcy for his comments.  She noted that the Board was recently notified by the LINC - Hunterdon County Department of Health that Outdoor Wood Burning Boilers are governed by a sub-chapter of the NJ Administrative Code.  There are NJDEP regulations regarding the standards for these types of units.  She stated that the Board has researched this in the past as a Board reviewing the EPA regulations but now NJDEP has promulgated regulations which are being brought to the attention of the

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Municipal Code Officials by Hunterdon County Department of Health, John Beckley, to inform them that there are State requirements mainly focusing on the smoke emissions and how you control them.  The County is notifying municipalities that it is their responsibility to follow-up on any complaints or compliance issues.  She stated that this completes the regulatory issues raised by the Board at previous meeting.  The Municipalities did not have this guidance from the State in the past; the Administrative Code is titled “Control and Prohibition of Smoke from Combustion from Combustion of Fuel” is on the record.  A copy can be obtained at http://www.state.nj.us/dep/aqm/Sub03v2002-02-04.htm.  A brief discussion followed.

 

There being no further comment from the public T. Martin 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 nothing new to report. 

 

           2.        MESZAROS, LINDBERGH ROAD – UPDATE.  D. Wyckoff had nothing new to report.  L. Tatsch reported that the Township is working with D & R Greenway to acquire the property.  The Township is now in the negotiating process.

 

           3.        INCOMPLETE FILE NOTICES – UPDATE.  T. Carluccio explained that Hunterdon County Department of Health had to follow-up with these three incomplete files; Dellepenta, Stausley and Zainitzer.  D. Wyckoff had nothing new to report.  T. Carluccio asked how the County will proceed.  D. Wyckoff responded that the County would continue to follow these cases to completion. 

 

           4.        OWENS (A.K.A. WOODY’S) BLOCK 16 / LOT 11 – UPDATE.  D. Wyckoff reported that he spoke with Mr. Hahn of NJDEP.  He reported that apparently the monitoring wells have been put in on site or on adjoining lots about two weeks ago to be able to monitor the aquifer.  He said that the water has not yet been tested but progress is being made.

 

           5.        WENGRYN, BLOCK 14 / LOT 24 – SOLID WASTE COMPLAINT – UPDATE.  D. Wyckoff reported that an inspector had been on site and is satisfied with the progress.  He said the inspector wants to visit the site one more time before he declares it complete.  He stated once again that there are unregistered uninsured vehicles on the property which is the Township’s responsibility.  D. Maksymovich commented

 

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that she sent the Zoning Officer a memo August 4th and September 17th regarding the vehicles and has not yet received a response.

 

           6.        DITZEL, BLOCK 25 / LOT 9 – NOTICE OF VIOLATION – UPDATE.  D. Wyckoff reported that the County just received a letter from the inspector who reported that the system is designed to function as intended and is now functioning as it should.  He said that there was a problem with a former tenant which may have been contributing to the system not operating as designed.  The system is not malfunctioning now that it is being used properly.  D. Wyckoff told the Board that this case should be resolved by the next meeting.  L. Tatsch added that the previously reported system malfunction was due to a misuse of the system rather than a malfunction.

 

           7.        KORINCHOCK, BLOCK 18 / LOT 9 – NOTICE OF VIOLATION – UPDATE.  D. Wyckoff reported that this is the second notice of violation.  He said apparently the property is up for sale and the sale has fallen through so now the home owner has to make the necessary changes to address the problem.  T. Carluccio asked if the tank was being pumped.  D. Wyckoff responded that he has not received a tank pump receipt since July but the inspector stated that there has been no new ponding since then.

 

8.        HAMAN, BLOCK 5 / LOT 4 – NOTICE OF VIOLATION – UPDATE.  D. Wyckoff reported that this is a case of ponding of the grey water from a laundry system which is not permitted; it has been evaluated by an engineer and a price quote has been submitted.  He said that was all he knows.  Progress is being made but he does not know if the owner has contracted to have it repaired.

 

PREVIEW COMMITTEE

 

           1.        KING, BLOCK 38 / LOT 16 – WELL & SEPTIC.  T. Carluccio said that the Preview Committee did meet and review the items neither M. Stanbro nor D. Wang-Iverson could be here this evening.  She made the report for the Committee. 

 

T. Carluccio informed the Board that this is an application that deals with both well and septic.  The most recent letter, September 15th , makes it clear that the Health Department had approved a septic system for this property but it had been expired so it has to come to the Board for the 3 year renewal.  She said it is complicated because the Board had dealt with a well issue on this property in March which resulted in need to put in a new well for which a location has been chosen but it is not actually drilled yet.  J. Hill agreed.  T. Carluccio said that when the new well was located it is now going to be closer then the required separation distance between the well and the septic field.  She stated that it looks like it is closer then 100 feet on the map she has.  She asked if that is correct.  J. Hill said that that is correct.  James Hill, engineer of record for the project identified himself for the record.  He said that as T. Carluccio so aptly noted his client is in a two step process as far as what they propose to do tonight.  The first one is that his client was told that the certification on the septic system is good at the County but it ran

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out according to East Amwell’s records; W. King wants to get that re-instated so it is valid.  He stated then W. King can go from that point forward on what they would like to do as the next step. He said the first step from what he understands is that they would have to have the permit renewed for the septic system to make it valid in the place that it is shown on the plans that the County had approved in 2003.

 

 T. Carluccio said that the Preview Committee reviewed the map and the old and the new sketch plans.  She spoke of the site constraints noting that the proposed and primary fields are too close to where W. King wants to put the well so the primary field would not be able to be used and the reserve field could not be used as the proposed primary.  New testing would be required for both the primary and reserve fields.  J. Hill interrupted saying they would test for an alternate location.  She said that the Preview Committee reviewed the soil test results and it turns out that W. King did not get a passing perc test then; the basin flood failed and pit bails were not done.  She said it shows that there was only a failed basin flood and there were no pit bails.  J. Hill agreed.  T. Carluccio said rather than doing anything further in terms of pit bails or basin floods the engineer decided to do a soil permeability class rating test; for this test they take a soil sample and back to a lab and do a perc test in the soil at the lab according to specifications in 7:9A.  J. Hill agreed.  A lengthy discussion followed regarding the site constraints (wetlands, distance requirements, etc.) and the proposed plans.

 

Highlights of the discussion are as follows: J. Hill asked if it would be okay to talk to the Boards Engineer with regard to this to just get some guidance from him.  T. Carluccio said that the Board does not prescribe testing.  The Ordinance has the information of the requirements in East Amwell Township and then the applicant’s engineer needs to design his plan.  There was further discussion regarding the ordinance requirements.

 

L. Tatsch said that he had a question about how we could approve the present site because the Board requires the well be certified before the septic system design is released.  He said the Board now knows that the present location of the well needs to be sealed because it is not certified.  D. Maksymovich interjected that the septic system design was never permitted by East Amwell Township Board of Health.  The approval was given by the County.  East Amwell did not issue a permit because there was not a certified well on the property.  She said she has been holding both copies (applicant’s and the Board’s) of the septic design so there never was a request for an extension because there was not a permit to extend.  Discussion followed.

 

At the conclusion of the discussion J. Hill commented that the slate is clean.  T. Carluccio told J. Hill she wants to bring to his attention that the well that was put in that did not yield water needs to be officially sealed.  J. Hill responded that they understand that.   T. Carluccio said that there is a certification from the State when the well is sealed so the Board will need a copy of that.  The Board does not want this delayed further so there is no contamination into the aquifer. J. Hill said they would take care of that.  D. Maksymovich interjected that a neighbor has called a few times to see if the well has

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been sealed.  L. Tatsch asked when the Board requested that it be sealed.  T. Carluccio responded in March, 2008.  L. Tatsch suggested setting a deadline.  L. Tatsch suggested 30 days.  T. Carluccio explained the procedure to J. Hill and said that it is important in terms of cutting off a pathway of contamination.  J. Hill asked if a letter from the Board would be coming on that.  T. Carluccio said that the Board sent an initial letter and a reminder letter; the Board will send another letter to say that the well must be sealed in 30 days.

 

L. Tatsch motioned that the applicant be sent a letter stating that the well must be sealed in accordance with the State regulations within 30 days of receipt of the date of the letter, seconded by T. Martin and was carried by unanimous vote.

 

The Board decided not to take action to extend the approval of the septic system because the system was never permitted by East Amwell Township Board of Health.  T. Carluccio said that the Board would inform the Hunterdon County Department of Health.  J. Hill said that now they have the ability to drill a well and get the septic beds located.  T. Carluccio advised that J. Hill realize that it is important to keep in mind that the Board does not give waivers from regulations for new construction.  She explained that the Board considers waivers for an existing home that needs a septic system repair on a constrained site but the Board sticks to its regulations in terms of separation distances, requirements for testing, and all the provisions that is in our well and septic regulations.

 

 

           2.        PUGMIRE, BLOCK 30 / LOTS 10.01, 11.01, 12.01 & 12.02 – MINOR       

SUBDIVISION.  T. Carluccio commented that this is for a minor subdivision along Linvale Road.  She said it is important to understand that this is not creating a new lot that will be developed.  These lots were existing lots and no building can happen.  All of new lot 11.01 is under a conservation easement.  She reviewed the new configuration with the Board.  Lot 10.01 has an existing home on it and that is not going to change; there is no new lot, it is the existing property.  She said that this is a lot line adjustment to get rid of the old smaller lots that were never built on and to make this new larger lot.

 

T. Carluccio asked if anyone was present to representative the applicant.  D. Maksymovich told the Board that before them tonight is a fax she received today from T. Pugmire; he actually resides in Utah and owns this piece of property in East Amwell Township.

 

Mr. Pugmire’s letter points out that he wants to consolidate these 4 separate lots so he just has two.  T. Carluccio said there really is no issue here for the Board of Health but we are required to approve subdivisions and lot line adjustments.  Discussion followed.

 

At the conclusion of the discussion T. Martin motioned to approve the lot line adjustment, seconded by L. Tatsch and was carried by unanimous vote.     

 

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C.       MARGRAFF, BLOCK 37 / LOT 4 – REQUEST FOR USE OF ALTERNATIVE SEPTIC SYSTEM.  T. Carluccio explained that this is a request for the use of an alternative septic system for a repair to a malfunctioning septic system; this is a peat system request and the Board requires when a peat system is going to be designed that the applicant have the representative present to the Board the existing conditions in order to explain why a peat system would be designed because the Board does not automatically approve peat systems.  The Board wants to use alternative technology as last choice and want to understand why it is necessary to use a peat system and why a conventional system with waivers would not fit or be appropriate for the site.

 

Theodore Bayer of Bayer-Risse Engineering introduced himself for the record as the Design Engineer.  He distributed copies of his design to the Board.  T. Bayer explained that this property is on the Sourland Mountain.  He explained that his client is an elderly lady; she lives on the edge of the Township.  He explained the property is located on Burd Lane which is a private lane running from Lindbergh Road to Spring Hill Road.  He said that it is a 28 acre property and it actually straddles Burd Lane; her house, well and a detached garage being on the north side of Burd Lane and the bulk of property is on the south side of Burd Lane. 

 

T. Bayer said the Hunterdon County Department of Health had issued a notice of violation in late July.  The existing house is served by a cess pool that is located on the south side of Burd Lane and that was creating a discharge to the ground surface.  He said his first step in this was to go out and verify the findings of the Board of Health to determine that it was a cesspool and he found a problem where it had been pumped out.  He said he returned to the site in August 13th and excavated soil logs.  He commented that looking at the map of the property from north to south there is a finger of wetlands that goes across the property.  It has a transition area associated with that which effectively precluded him from getting to the south part of the property.  On the north side he excavated 3 soil logs; the soil logs were typical of what you find up on the mountain.  A discussion of the soil testing results, site restrictions and that the bulk of the property was across the road followed.  In summary T. Bayer said he had the constraints of wetlands, no indication whatsoever that the rock was fractured, bad top soil and a high water table.

 

At the conclusion of the discussion it was the consensus of the Board that due to the site constraints of the site that an alternative peat moss system may be designed for this property.  T. Carluccio explained the review and permitting process.

 

D.       L & P BUILDERS, INC., BLOCK 35.01 / LOT 32.02 – REQUEST FOR SEPTIC SYSTEM APPROVAL EXTENSION.  T. Carluccio said this is a request for a septic system approval extension. Pietro Amari, President of L & P Builders identified himself for the record.

 

 

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T. Carluccio said the reason for the request for an extension application note states that P. Amari is trying to either sell the land or get funds to build on it himself.  P. Amari told the Board that he is in the process of selling through M.T. Callaway.  He told the Board that he wants to build himself but he does not have the funds now.  T. Carluccio said that at this point he has an approved system and is asking for an extension.  D. Maksymovich informed the Board that the original approval was granted in 2004; the Board had already adopted the 2004 ordinance when the approval was granted.  She said he has received one extension so far until 2007; he has until January of 2009 on this approval. T. Carluccio said that since none of the regulations have changed an extension could be approved.  

 

T. Martin motioned to extend the approval of this design for 2 years, seconded by T. Peyrek and was carried by unanimous vote.  

 

E.       TABBY’S PLACE, BLOCK 9.01 / LOT 5 – QUARTERLY WATER METER REPORT.  T. Carluccio acknowledged receipt of the report.

 

F.       2008 APPROPRIATION BUDGET SUMMARY.  The Board reviewed the Budget line items.  D. Maksymovich told the Board the next month is when the Board is going to have to start working the numbers so she will work on that for the November meeting. 

 

L. Tatsch reviewed the problems developing the Municipal Budget because of the State budgetary problems.  He told the Board that the Township Committee is looking at areas to see if the Township can get $1,500.00 that could possibly be used to rent a tub grinder to grind up a huge mountain of brush that the Township residence have delivered to the grit yard.  In a review of the appropriation budget it was determined that line item 308 (Well Inspections) can be reduced by $1,500.00; line item 027 (Legal-General) can be reduced by $1,000.00; and line item 042 (Education/Training) can be reduced by $450.00.  The Board was pleased to be able to provide the Township Committee with these line item reductions. 

 

ITEMS OF DISCUSSION

 

A.       SOURLAND MOUNTAIN SMART GROWTH/SOURLAND REGIONAL WATERSHED PLAN/EAST AMWELL MUNICIPAL 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 reported that she attended a meeting of the Municipal Stormwater Task Force.  She said they are finishing up the last ordinances that need to be adjusted in order to bring them into compliance through

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the Planning Board for the Township to be in compliance with the Stormwater Ordinance.  She said that got delayed because the Task Force did not have a budget for the Township Engineer who does a review before the Planning Board considers it.  She said that the Task Force is now back on track.  She does not know if the Township Engineer who is the Stormwater Co-coordinator has the time to get through al the ordinances before the end of the year.  The Planning Board has to act on it and then the Township Committee.  She said P. Kneski who is on that Task Force is going to make sure it stays on track to come to the Township Committee.

 

B.       EDUCATION AND HEALTH ISSUES.  T. Carluccio reviewed the correspondence as listed on the agenda.  D. Maksymovich told the Board members that she has a copy of the Consumer Information on Hospitals in New Jersey regarding their treatment results of heart and pneumonia patients.  L. Tatsch asked about the Hunterdon Medical Center’s rating.  D. Maksymovich said that Hunterdon Medical Center is among the highest rating.  The Board expressed how fortunate East Amwell is to be so close to Hunterdon Medical Center.

          

C.       FOOD LICENSING FEE DISCUSSION.  T. Carluccio reviewed the analysis of Food Licensing costs as provided by D. Maksymovich.  After discussion it was the consensus of the Board that the Food Licensing Fees should not be increased at this time.  T. Carluccio commented that D. Maksymovich did a very good job on the background because it shows what the Board has done in terms of increases over the years. 

 

T. Carluccio thanked D. Maksymovich for submitting the articles for the Fall Newsletter.

 

ADMINISTRATIVE OFFICER’S ORAL REPORT

 

Outdoor Wood Burners:  D. Maksymovich said that Mr. Carman touched on this at Open to the Public portion of the meeting.  She explained that when she received the e-mail from LINC regarding the Public Health Information she searched the WEB for the new State Regulations and was able to provide the Board with copies of such.  She commented that in her quick review she noted that the standard is there can only be 3 minutes of smoke every 30 minutes.  She stated that the regulations also regulate the opacity of the smoke; the regulations have been tightened by the NJDEP.  It is now the responsibility of the Construction Official of the Municipality to enforce this regulation.  L. Tatsch commented that this is another State mandate without funds to cover the cost.  T. Carluccio said that one thing to ask is if the County could get a Ringelman Smoke Chart for our Board and possibly provide training for the Construction Officials. 

 

D. Wyckoff interjected that the Hunterdon County Department of Health Inspector’s have already been trained how to inspect these types of wood burners.  A brief discussion followed on how the testing is conducted.  T. Carluccio asked D. Wyckoff if East Amwell were to receive a complaint on one of these would the County inspector go out to evaluate.  D. Wyckoff responded that he believed so.  He said that the County has

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identified violations or verified complaints in other areas of the County.  He said that he believes it is part of the County’s DEP association.  T. Martin said that the Board has always felt that this is a Health issue in the last year or year and a half when some of these burners started to be installed at homes in the Township.  T. Martin stated that there have not been any complaints; the Board has been proactive, but if there are complaints it is good to know how to deal with them.  T. Carluccio commented that a Construction Permit is required to locate an outdoor wood burner on a property.

 

D. Maksymovich suggested that the Board of Health put this information on the Township Web-site.  The Board was in agreement.  T. Carluccio recommended that D. Maksymovich contact the County to set up a procedure in the event there is a complaint.

 

Fire Company’s request for homes with solar panels:  D. Maksymovich told the Board that the Chief of the Fire Company requested the names and addresses of the homes in East Amwell that have Solar Panels.  He explained that when they had a fire at a home that had solar panels he learned that the fire company could not disconnect the panels from the power company’s connection.  They cannot send fire fighters in the house knowing that the electricity is not disconnected.  D. Maksymovich stated that the fire company is going to determine a procedure to deal with this “new technology”.    

 

Scibilia:  D. Maksymovich reported that on October 8th she received 4 copies of a septic design alteration from G. Scibilia.  She let J. Conard know and wrote a memo for the record the she received 4 copies of a septic system design alteration from G. Scibilia that he had designed himself and sealed with his seal without the required $225.00 check for the County’s review.  She said that she called G. Scibilia and told him that she could not send them to the County; that she could waive the $25.00 Board of Health fee but she couldn’t waive the County fee.  She is holding the copies until she receives the payment for the County.  A brief discussion followed.

 

CORRESPONDENCE

 

T. Carluccio reviewed the correspondence as listed on the agenda.  L. Tatsch commented that the Township received the report from Garden State Labs of the water sampling results at Clawson Park.  He said it showed a standard plate count of 380 organisms per milliliter; there is no State standard but they recommend that it be less than 500.  He stated that the Township recently had a similar problem in the Municipal Building when there was a plate count which was well above 500 and subsequently determined that the UV light that is in there to keep our system microbe free had not been changed in several years; it is supposed to be replaced annually so the light was changed.  He said there is not a treatment system at the Park but 380 is less than the standard and the Total Coliform is less than one which is where it needs to be.  He said he thinks it is good for the Board of Health to keep an eye on that to make sure it doesn’t get too high.

 

 

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L. Tatsch also mentioned that he got a phone call from a resident, Dolores Murphy.  He said that she told him she had her septic designer Frank Mazzella attempt to get information for her malfunctioning septic system.  L. Tatsch said she told him it was plans for a reworking of her system.  In checking L. Tatsch discovered that once again F. Mazzella missed the meeting agenda deadline.  He said she was beside herself as to what she could do.  She is an elderly resident who now has to haul her laundry to a Laundromat and a whole month has been wasted and she explained the situation to him.  L. Tatsch said that he told her that D. Maksymovich was absolutely right, the Board does have a 10 working days requirement for receipt of materials for the agenda and there are very important reasons for that.  He told D. Murphy that the Board cannot waive this requirement and her professional knows very well what he needs to do to get on the agenda. He told her that if she wanted to come to the Board’s meeting tonight and speak at the Open to the Public that she is welcome to do so.  She responded she does not want to start crying in front of the Board of Health.  He told her that he would be glad to mention her situation.  D. Maksymovich said she had also had a conversation with D. Murphy also.

 

L. Tatsch said that the Board does not have anything regarding this application.  T. Carluccio said that the problem is that the Board would be enabling a bad situation with this professional.  He knows what is required; she said it is very frustrating the State does not have standards of professionalism for professionals who represent people before the Board of Health.  T. Martin said there have been too many examples where the homeowner has been hurt.  T. Carluccio said that the State needs tighter standards for Engineers and then tighter standards for who can actually carry something through the permit process.  T. Carluccio suggested that since the Board cannot recommend an engineer we can offer to show applicants several successful designs done by different engineers and let the people make up their own mind.      

 

BILLS OF THE EVENING

 

L. Tatsch motioned to approve the bills of the evening, seconded by T. Berberabe and carried by unanimous vote.

 

OPEN TO THE PUBLIC

 

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

 

 

 

 

 

 

 

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ADJOURNMENT

 

L. Tatsch made a motion to adjourn the meeting at 9: 33 p.m., seconded by T. Peyrek and was carried by unanimous vote.

 

                                                     __________________________________________

                                                     Darlis Maksymovich, Administrative Officer