The regular meeting of the Board of Health came to order at
In compliance with the Open Public Meeting Act this meeting was advertised as a regularly scheduled meeting in the
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,
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
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.
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
2. MESZAROS,
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.
4. OWENS (A.K.A. WOODY’S) BLOCK 16 /
5. WENGRYN, BLOCK 14 /
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 /
7. KORINCHOCK, BLOCK 18 /
8. HAMAN, BLOCK 5 /
PREVIEW COMMITTEE
1. KING, BLOCK 38 /
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
out according to
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
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.
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
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.
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
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
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.
C. MARGRAFF, BLOCK 37 /
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
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
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 /
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.
E. TABBY’S PLACE, BLOCK 9.01 /
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 Regional Watershed Plan: T. Carluccio had nothing to report.
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
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.
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.
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
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
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.
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.
ADJOURNMENT
L. Tatsch made a motion to adjourn the meeting at
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Darlis Maksymovich, Administrative Officer