EAST AMWELL BOARD OF HEALTH MARCH 17, 2009 1

The regular meeting of the Board of Health came to order at 7:30 pm. Present for this meeting were: Tony Berberabe, Tracy Carluccio, Les Hamilton, Ted Peyrek, Jim Russo and Larry Tatsch. Tim Martin 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 29, 2009 issue of the Hunterdon County Democrat. Notice of the meeting was sent to the applicant, filed with the Township Clerk, posted on the bulletin board, and sent to the Hunterdon County Democrat and The Times on March 10, 2009.

ANNNOUNCEMENTS/AGENDA REVIEW

D. Maksymovich added the following item to the agenda: item 6.C.7 – letter of March 13, 2009 from Ken Bogen, Hunterdon County Planning Board re: Model Septic Management Ordinance. T. Carluccio added that this item will be discussed during her report under Wastewater Management; this is part of the Wastewater Management Plan.

T. Carluccio commented that the first item under Announcements is in recognition of Michael Stanbro. T. Carluccio told M. Stanbro that because the Board had to cancel the December 2008 meeting the Board was unable to give him a proper send-off so the Board invited him to this meeting. She enumerated his many contributions while serving the Board so well. She specifically mentioned his being Vice Chair of the Board for 2 years and Chair of the Preview Committee, which required extra meetings and he did it so well for so many years. She complimented him by saying it is great when the Township appoints someone to the Board of Health, like the present Board, who are willing to step up and go the extra mile which he did for so long. She declared his leadership as Chair of the Preview Committee and Vice-Chair of the Board as stellar and the Board wanted to give him a special thank you. T. Carluccio read the following into the record:

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RESOLUTION 09-01

WHEREAS, the Township of East Amwell, in the County of Hunterdon, State of New Jersey, is well renown for the excellence of the volunteers serving on various Township Boards and Committees; and

WHEREAS, the Township of East Amwell recognizes that Michael Stanbro is such a volunteer; Michael Stanbro brought to the Board of Health his professional expertise to facilitate the Board’s ability to manage the complex issues that came before it; and

WHEREAS, Michael Stanbro served on the Board of Health for 6 years; two of those years as Vice-Chair of the Board of Health and Chaired the Preview Committee for 4 of those years. Michael has spent many hours reviewing applications, documents and witnessing the drilling of wells throughout East Amwell. His willingness to give of himself and his time distinguishes him as a remarkable volunteer and;

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WHEREAS, Michael Stanbro performed all of this duties as a Board of Health member in the Township of East Amwell with professionalism, dedication and diligence;

NOW, THEREFORE, BE IT RESOLVED, by the Board of Health of the Township of East Amwell, that Michael Stanbro is hereby extended sincere appreciation and gratitude for all of his efforts as a member of the Board of Health in the municipality; and

BE IT FURTHER RESOLVED that the Board of Health in the Township of East Amwell wishes Michael Stanbro continued success in all future endeavors.

By Order of the Board of Health,

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Tracy Carluccio, Chairperson

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L. Tatsch introduced the resolution, seconded by L. Hamilton and was carried by unanimous vote.

M. Stanbro told the Board that he enjoyed his years on the Board. However, due to other personal commitments he was unable to continue with his position on the Board. He said that being on the Board of Health was the first time he worked as a volunteer for the Township; so for the six years he was on the Board he learned a tremendous amount. He said that his background is engineering but more on the computer side, not in health or health management. He said he learned a lot from the people he worked with on the Board and especially, he said he had to go a little bit extra for T. Carluccio in that he does not know how this Board would exist without her. He said she made his job as Vice-Chair and Chair of the Preview Committee much easier. He personally thanked T. Carluccio for all of her guidance. He commented on the dedication of all of the people on the Board of Health including the Administrative Officer. He said it generally is not recognized how dedicated the Board of Health is and the time the members put in on various Board activities.

M. Stanbro remarked that when, “you sit on the other side of the dais” it is rather interesting because you look at the issues from a true desire to protect the citizens of the township. There are a lot of hard decisions Board members make and some are unpopular sometimes; people may not always think those decisions are in the best interest of the citizens. He believed that by sitting on the Board a person has a better understanding of the Codes, Statutes and regulations they are not aware of before serving on the Board. He commented that he applauds this Board for taking the leadership position in Hunterdon County and the leadership position in this Township. He continued by saying the Board protects the interest of the citizens from environmental matters not just water concerns and thanked the Board for the opportunity to serve on the Board.

The motion passed by unanimous vote.

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T. Carluccio acknowledged receipt of the Memorandum to all East Amwell Committee Members. She explained that the memo lays out how the Township organizes volunteers, what their responsibilities are and basic things, like using the building and liaisons with the Township Committee. She commented that this is good basic information for all volunteers.

PRESENTATION OF THE MINUTES

The minutes of February 17, 2009 were motioned for approval with minor corrections by L. Tatsch, seconded by L. Hamilton and passed by unanimous vote.

OPEN TO THE PUBLIC

There being no comments from the public L. Tatsch motioned to close to the public, seconded by L. Hamilton and was 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 reported that he spoke with D. Muscalo of Advocate Environmental Consulting, Inc., the company that has been doing the water sampling at this site all of these years. D. Wyckoff stated that when he was doing his inspection of the food facility on the site he made the observation that the filters on the well had been turned off. He questioned D. Muscalo and was told they have been turned off since January of 2007. D. Muscalo told D. Wyckoff they are monitoring the well quarterly checking for both the coliform bacteria and the VOC’s. They do a monitoring sampling once a year and are in compliance with the VOC’s. D. Wyckoff was told they are also sampling the water in the shed on a quarterly basis. He said that D. Muscalo expects that in 2 years this site will be receiving a “No Further Action Letter” because the site will be completely remediated.

T. Carluccio commented that she remembered D. Muscalo saying that the amount of samplings would be reduced and he would be finishing soon because the samplings were showing that the remediation has worked. D. Wyckoff asked D. Muscalo if he had any intention of copying the Township on the results of the water testing and was told no; it is a public record and the Board can OPRA the information.

T. Carluccio remarked that D. Muscalo is going to be the one doing the sampling at Woody’s and is concerned that the Board will not receive information on the sampling results for this site. D. Wyckoff responded that the County, as part of the reporting requirements will require that he is to provide a report to the East Amwell Township Board of Health. T. Carluccio responded that the Board would appreciate that; the Board was able to follow the other site so closely for 12

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years and in so doing found a few inconsistencies in the sampling protocols and the reporting was able to suggest changes to the remediation program over the years that helped the success of the cleanup. It would be very helpful if the Board could do a similar review with Woody’s. She stated it is helpful when the Board receives the information because then the Board has confidence in how the program is working. A brief discussion followed.

2. MESZAROS, LINDBERGH ROAD – UPDATE. D. Wyckoff had nothing new to report. L. Tatsch commented that he would like to note that he spoke with the ERM – the environmental consultant a few days ago. They have been delayed because the State is requiring some additional reporting requirements and to post a sign on the property. As a result, they have not started the sampling but are likely to start in early April.

3. OWENS (a.k.a. Woody’s) BLOCK 16 / LOT 11 – UPDATE. D. Wyckoff had nothing new to report.

4. HAMAN, BLOCK 5 / LOT 4 – UPDATE. D. Wyckoff said that there was a problem with grey water being discharged underground. This was corrected by rerouting the water into the septic system. He told the Board that the water is now rerouted to go into the disposal field and has been for some time. The County is waiting for either a letter from a certified engineer stating that the disposal field is of sufficient capacity to handle the additional flow or the system needs to be redesigned. It has been corrected but the County is still waiting for an engineer’s response on whether the disposal field is sufficient. T. Carluccio asked if there is an ongoing violation there in terms of ponding. D. Wyckoff confirmed that there is no ongoing violation there at this point.

5. SCHAEFFER, BLOCK 5 / LOT 9 – UPDATE. D. Wyckoff told the Board the County had a report from the engineer stating that he intends to start construction next week. He said that all of the financing has come through and the construction is scheduled to start next week.

6. LOGUE, BLOCK 27 / LOT 2 – UPDATE. T. Carluccio commented that this is a new problem on this site. D. Wyckoff agreed stating that he did not have a chance to speak with the inspector who did the inspection so he does not know the status. He said that the County should have received pump receipts at this point. T. Carluccio said that it is a shame that now there is a septic problem there. D. Wyckoff said that the inspector observed it when he was there to do an inspection on the solid waste complaint which has been resolved. D. Wyckoff told the Board he would keep it informed.

7. DORIO, BLOCK 32 / LOT 12 – UPDATE. D. Wyckoff reported that this is an unoccupied house so right now there is not a pollution problem. He said that the original Notice of Violation was based on the owner’s admission that there was septic ponding; no testing was conducted by the Department of Health to verify that there was a system malfunction. He told the Board an engineer has been on site to do some consultation work but it is still just status quo.

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He understands that it is not an environmental threat at the moment and is under scrutiny by the County.

T. Carluccio asked what if someone was to buy that property how would they know that there is a problem there. D. Wyckoff responded that the NOV still stands; the NOV will follow the property. D. Maksymovich remarked that the real estate agent has to disclose all of the conditions of the property.

B. PREVIEW COMMITTEE

T. Carluccio reported that there were no septic designs for review this month. She commented that this is the first time there has not been anything for the Preview Committee to review.

C. RUTGERS TREE GROWERS, BLOCK 16.01 / LOT 10.02 – BIO RETENTIONN BASIN ANNUAL REPORT. T. Carluccio acknowledged the correspondence as listed on the agenda. She stated that the Bio-Retention Basin Annual Report was sent to the Township Engineer D. O’Neal for Stormwater review. D. O’Neal sent a letter saying this is Rutgers Tree Growers required report and he agrees with it in substance and form.

D. MARGRAFF, BLOCK 37 / LOT 4 – SEPTIC SYSTEM DESIGN WAIVERS AND CONDITIONS. T. Carluccio said that this is memorializing the letter the Board sent. D. Maksymovich told the Board that neither E. Margraff nor her attorney signed the letter of conditions and terms for the two alternative systems. She stated that it is signed by the engineer. She remarked that she was not sure if the engineer could sign the letter or if it should be E. Margraff’s attorney. She said she has received everything that she needs to release the Construction Permit so they can get started. She will contact L. Miller to request his signature on the agreement.

E. SCIBILIA, BLOCK 11 / LOT 37.03 – SEPTIC SYSTEM DESIGN WAIVER REQUEST. T. Carluccio commented that the letter from the Board of Health has had no response. T. Carluccio reminded the Board that the Board motioned that she be able to review the information so G. Scibilia would not have to wait until the next Board of Health meeting for approval. She remarked that the same motion stands. D. Maksymovich will contact J. Conard of FOSPC to see if she knows of any progress on the site.

F. SILVA, BLOCK 8 / LOT 8 - SEPTIC SYSTEM DESIGN WAIVERS AND CONDITIONS. T. Carluccio reviewed the correspondence as listed on the agenda. D. Maksymovich told the Board that she has not received anything from A. Silva or the engineer.

G. MILLER, BLOCK 40 / LOT 16.0-1 – GENERAL PERMIT NUMBER 11. T. Carluccio explained that the Board has been notified that a General Wetlands Permit was issued by NJDEP on February 17, 2009. D. Maksymovich advised the Board that she has not received anything regarding the septic system design and it appears that there are not good soils. She advised the Board that there are two existing “well bores” where he was unable to find water.

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She asked if those wells are required to be abandoned in accordance with NJDEP Well Construction and Maintenance; Sealing of Abandoned Wells – NJAC 7:9D. L. Tatsch responded that he would think so; it is still an aquifer if you discharge something down that well even though it is dry it could spread and ultimately contaminate ground water in the vicinity. D. Maksymovich told the Board that Stover’s Wells and Pumps are doing the well so she will give them a call and ask what the intentions are regarding those two wells. The Board members agreed. A brief discussion followed.

L. Tatsch remarked that M. Miller was building a new house and there is an existing old house and this permit is for the new house. The Board reviewed the site plan that was attached to NJDEP’s letter. D. Maksymovich pointed out to the Board that the site plan shows a primary and a reserve area for the septic. T. Carluccio asked if this is an existing lot. D. Maksymovich explained the Planning Board approval for the subdivision.

L. Tatsch pointed out that M. Miller is proposing to transit the wetlands which is what the permit is; approval to transit the wetlands in an attempt to drill another well. T. Carluccio said that he actually wants to put the well in the wetlands which he got permission to do. Discussion followed. At the conclusion of the discussion it was determined that the Board would write M. Miller an advisory letter suggesting he do the well and the septic system design in tandem and that perhaps he would like to consider doing additional soil testing before investing in the well. (Secretary’s note: a letter was not sent; more recent soil sampling results had been done that the Township had not received; W. Wolf told T. Carluccio a septic system is expected to fit in the area on the plan that is marked “proposed septic system” and “proposed reserve”.)

H. THE RIDGE AT BACK BROOK, BLOCK 25 / LOT 10 – SAMPLING EVENTS RESULTS. T. Carluccio reported that she spoke with S. Souza of Princeton Hydro and discussed with him the memo that she wrote regarding his most recent report. She told the Board S. Souza decided the best thing to do would be for him to do a short addendum to his report which further explains the results of the sampling the Board discussed at the last meeting. She told the Board that she informed S. Souza that the Board was going to send a memo to the various Boards suggesting that stream sampling above the ridge’s property on the tributary and Back Brook would be a good project if the Environmental Commission or another township committee would want to apply for a grant. She said the reports show there is a long standing regional elevation of nitrates and phosphorus on these waterways before they enter the golf course. They are not in violation of stream standards but are higher than they should be. They show typical agricultural streams in an ongoing degraded condition and it would be terrific to find out where it is coming from. She continued by saying once that is determined maybe a remediation effort to eliminate the pollution source such as a buffer or some sort of separation between where the source is and the stream could be looked into. She said it may be run off from a field or it might be from manure, it could be various things and a buffer would help that. She told the Board that S. Souza said there might actually be some funding available; he will provide information in the addendum if he has any.

ITEMS OF DISCUSSION

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A. SOURLAND MOUNTAIN SMART GROWTH/AMWELL MUNICIPAL STORMWATER TASK FORCE/WASTEWATER MANAGEMENT PLAN.

Sourland Mountain Smart Growth: T. Carluccio told the Board that this is in the last phase. Input from the municipalities and the public was given directly on the web site and is being inputted into the final draft which will then be circulated. There will be another visit to the Township Committees with the final draft asking for resolutions from each municipality to support the implementation phase which would be the introduction and adoption of ordinances protective of the mountain and also to provide educational projects to protect mountain resources.

Amwell Municipal Stormwater Task Force: T. Carluccio said that there is nothing new to report.

The Wastewater Management Plan: T. Carluccio commented that a copy of the model septic management ordinance, which is before the Board tonight, is part of the Wastewater Management Plan. She said there are three model ordinances for the Wastewater Management Plan which the County is leading the effort on. As a result of the NJDEP newly adopted Watershed Rules all municipalities will need to adopt those three ordinances over a period of time; one of them is the Septic Management Ordinance which directly impacts the Board of Health. She reported that at the last Wastewater Management meeting they discussed this. Mayor P. Kneski serves on that committee so he is aware of this. She said that the Model Septic Management Ordinance would be something that the Board of Health would want to review. She commented that it is a large undertaking to pass an ordinance like this and will require some community education. She remembered that the Township had a town meeting about passing an ordinance similar to this many years ago and it was not popular. Now the State and the County is saying each municipality has to do this. After a brief discussion it was determined that the Board’s Ordinance Committee (T. Carluccio, L. Tatsch, D. Wang-Iverson and J. Rosso) take this on as a project. She said before next month’s meeting they will review it and determine the scope and the time frame. She commented that this would be an important project for the Board this year. (Note: the model Septic Management Ordinance is not finished yet and when it is the County will forward it to the Township for review.)

T. Carluccio said that the Board will discuss the other two ordinances, but the Septic Management Ordinance is specifically for Board of Health review.

B. EDUCATION AND HEALTH ISSUES. T. Carluccio acknowledged the correspondence as listed on the agenda. L. Tatsch noted that the Township Municipal Building water sampling results are now below the detection limit which is excellent. He told the Board that changing the UV lamp that treats the water for coliform also took care of the standard plate count. He said it reduced the whole bacteria level which is excellent.

ADMINISTRATIVE OFFICER’S ORAL REPORT

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D. Maksymovich reported that the delinquent letters she sent to the Peat Biofiltration Septic System owners worked. She has received all of the reports for every one of them. She stated that she is going to send an annual letter rather than wait because it seems everyone forgets. The Board agreed an annual letter should be sent. L. Tatsch suggested that a post card reminder, similar to the dog license reminder be sent instead of a letter. D. Maksymovich commented that the reports were all good.

D. Maksymovich told the Board she had the pleasure of meeting Charlie Dooley, the new owner of Craft Producers who will be doing the Craft Festival at South County Park. He was in town to meet with Mr. Everitt of the 4-H and came to the office to make sure that he was telling all of his food vendors the proper regulations for East Amwell Township and the State of New Jersey. It will save her a lot of phone calls to the food vendors answering their questions.

D. Maksymovich reported that she has not received anything from A. Silva for his septic system design.

D. Maksymovich let the Board know that Mr. Wolin, new owner of Amwell Valley Vineyards, is still working on the clean up and with the vines. He is working with an engineer now on a septic system design. She told the Board that Unionville Vineyards has once again extended an invitation for the Board to take a tour of the facility when it is not quite so muddy.

CORRESPONDENCE

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

BILLS OF THE EVENING

L. Hamilton motioned to pay the bills of the evening, seconded by L. Tatsch and was carried by unanimous vote.

OPEN TO THE PUBLIC

Francis Gavigan, 123 Wertsville Road identified herself for the record. She wanted to know if she could get on an e-mail distribution list for the Board’s agendas so she will know whether or not to stop by; and if there is a possibility that after the minutes are approved if the Board could send those to her as well since there is a problem of getting things posted on the web site. She continued by saying that she was at the County web site earlier today and they have honored the request made to them to put projects on the web site; that’s the good news. She said that in looking at the various projects there are a number of projects in East Amwell. She said that she does not know where Culvert 163 is but it needs to be replaced and she is wondering if it is the one up the street from the Municipal Building since the one by Totten’s is Culvert 165. She said that she went to the Freeholder’s Meeting and there a former East Amwell Township Committee person was advocating for the County to go forth and build the bridges. She reiterated that she

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wanted to be on the Board’s distribution list. The Administrative Officer agreed to set up such a system.

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

L. Tatsch said that the Township Committee has discussed doing more business electronically. The Township receives a lot of paper work that are notices, letters and things that do not directly impact the Township Committee but are good to know. Typically these have been photocopied and sent to everyone on the Township Committee. He said that instead of photocopying items for everyone, the items could be scanned and e-mailed to the Township Committee. He said that the Township will likely purchase a scanner fairly early this year and it may be something for the other Boards and Committees to consider for those things that are just FYI.

ADJOURNMENT

At 8:44 pm T. Peyrek motioned to close the meeting T. Berberabe seconded the motion which carried by unanimous vote.

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Darlis Maksymovich, Administrative Officer