EAST AMWELL BOARD OF HEALTH             NOVEMBER 18, 2008         1

 

The regular meeting of the Board of Health came to order at 7:30 p.m.  Present for this meeting were Tracy Carluccio, Les Hamilton, Jim Rosso, Mike Stanbro, Larry Tatsch and David Wang-Iverson.  Tony Berberabe, Tim Martin and Ted Peyrek 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 applicant, filed with the Township Clerk, posted on the bulletin board, and sent to the Hunterdon County Democrat and Trenton Times on November 12, 2008.

 

ANNOUNCEMENTS/AGENDA REVIEW

 

The Administrative Officer had the following item to add to the agenda:  item 5.A.5.a. re:  letter of November 7, 2008 from Zoning Officer McManus re:  motor vehicles on property.

 

PRESENTATION OF THE MINUTES

 

The minutes were not voted on because there were not enough members at tonight’s meeting who were present at the October 21, 2008 meeting to vote.

 

OPEN TO THE PUBLIC

 

There being no comments from the public L. Hamilton motioned to close to the public, seconded by L. Tatsch 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 had nothing new to report.

 

            2.         MESZAROS, LINDBERGH ROAD – UPDATE.  D. Wyckoff had nothing new to report.

 

            3.         INCOMPLETE FILE NOTICES (Dellapenta, Stausley and Zainitzer) – UPDATE.   D. Wyckoff reported that there has been no change in status regarding the notices of violation on these files.  He told the Board that the County has moved the files into archives.  He said told the Board that County has put a notice in the file that no further improvements on the property will be approved by the County until these non-compliances are corrected.  He noted that paperwork is missing and the work has already

EAST MWELL BOARD OF HEALTH                NOVEMBER 18, 2008         2

 

been completed.  He reiterated that under advisement of the County Attorney before any improvements can be made on these lots the file must be complete.  T. Carluccio commented that she thinks the notice in the file is very important.  D. Wang-Iverson asked if a notice would go in the East Amwell files also.  T. Carluccio advised D. Maksymovich to place the same notice the County used in the Township’s block and lot file. 

 

            4.         OWENS (A.J.A. WOODY”S) BLOCK 16 / LOT 11 – UPDATE.  D. Wyckoff reported that progress is being made.  He spoke with Mr. Hahn of NJDEP this morning; there continue to be some challenges with this property.  He proceeded to review said challenges with the Board.   Highlights of the review are the owner will gradually pump the water into a 1,000 gallon holding tank and then remove that water from the holding tank and then take it away.  D. Wyckoff reported there are some contaminants in the water.  He commented that DEP is reviewing the proposed process and is close to approving the plan.  He said that DEP is not going to treat the aquifer in any way except removing the 1,000 gallons of water to see if that solves the problem.  He stated that there are no MTBE’s but there is evidence of other contaminants.  A brief discussion followed.

 

D. Wyckoff will keep the Board informed of any progress made on this site.

 

            5.         WENGRYN, BLOCK 14/ LOT 24 – UPDATE.  D. Wyckoff reported that the County is closing the solid waste complaint.  T. Carluccio remarked that the Zoning Officer wrote a letter to have the vehicles removed.

 

            6.         DITZEL, BLOCK 14 / LOT 24 – UPDATE.  D. Wyckoff reported that as he stated in the last meeting the engineer’s letter of acceptation is expected to be provided to the County the next morning.  He said that the County inspector has reviewed it and has satisfactorily closed that complaint out.  The system is working properly and is properly sized for the residence that it was built for.

 

            7.         KORINCHOCK, BLOCK 18 / LOT 9 – UPDATE.  D. Wyckoff told the Board that this situation is being re-evaluated.  He said the County is re-testing the entire basis of the original Notice of Violation to determine if it was actually a valid complaint.  He will report to the Board next month on the determination.

 

            8.         HAMAN, BLOCK 5 / LOT 4 – NOTICE OF VIOLATION – UPDATE.  D. Wyckoff reported that the County is working with the owner.  A County Inspector has followed-up with the engineer and the home owner.  He told the Board that it has become a funding issue; in this business climate it has become more difficult to obtain funding.  However, the property owner is in the process of trying to locate the funding for the repair.  D. Wyckoff told the Board that there is no breakout of this system.

 

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            9.         SCHAEFER, BLOCK 5 / LOT 9 – NOTICE OF VIOLATION – UPDATE.  D. Wyckoff stated that D. Maksymovich brought to everyone’s attention that L. Schaeffer does have an approved septic system design.  He reported that it has not been constructed yet because at this point it has come down to funding.  He said that the home owner is trying to obtain the necessary funding. 

 

L. Schaefer came forward and identified herself for the record.  She showed the Board the paperwork she had completed for the funding; she also provided copies of the pumping receipts to show the Board she has been having the system pumped on a regular basis.  A brief discussion followed. 

 

PREVIEW COMMITTEE

 

            1.         MURPHY, BLOCK 34 / LOT 2.01 – SEPTIC SYSTEM WAIVER REQUEST.  T. Carluccio commented there is one item for the Preview Committee this meeting.  She commented that it is for Murphy, Block 34 / Lot 2.01 which is a repair to a malfunctioning septic system with requests for waivers. 

 

M. Stanbro stated that this is an application that is defined as a septic alteration design with no expansion for a 3 bedroom dwelling.  There are two waivers being requested.

 

1)         There is no reserve testing performed on the property.  A waiver is being requested from East Amwell Township Board of Health by the design engineer;

2)         The proposed system is mounded and does not have any passing permeability on the property.  A basin flood was performed in soil log 3 at 48 inches with failing results.  Due to no passing permeability on the property a waiver is being requested from East Amwell Township Board of Health by the design engineer.

 

M. Stanbro asked if this is a system that has actually failed.   Frank Mazzella introduced himself as the professional representing Ms. Murphy.  He explained that he did not see it failing but he understands that Ms. Murphy was having some seasonal problems. 

 

F. Mazzella told the Board that he tried a number of soil logs and could not get the depth so they worked their way to the back of the property which is about 400 feet long and they were the deepest soil logs he could get.  Dan Murphy, son of the property owner, introduced himself for the record.  A discussion of this lot’s particular characteristics was discussed at length.

 

At the conclusion of the discussion M. Stanbro motioned to approve the septic design with the following waivers and conditions:

 

 

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            Waivers:

 

            1.         The Board of Health waives the requirement of testing for a reserve area;

2.         The Board of Health waives the requirement of having passing permeability on the property.

Conditions:

 

1.         Due to the fact that there is no permeability hold harmless clause is to be on the site plan.  It should read, “Due to the fact that there was no permeability obtained on this property the East Amwell Township Board of Health and the Hunterdon County Health Department assumes no responsibility for the system and shall be held harmless”.

2.         An addendum is to be added to the deed regarding the lack of permeability on this property.

3.         The Board strongly recommends that the tank be pumped regularly; preferably on an annual or bi-annual basis.

4.         The Board recommends that the well water be tested for bacteria on an annual basis.

 

The motioned was seconded by L. Tatsch and was carried by unanimous vote.

 

C.        AMWELL VALLEY VINEYARD, BLOCK 17 / LOT 16.03 – DISCUSSION.  T. Carluccio commented that this is an update and discussion.  D. Maksymovich informed the Board that the closing on the property was a few days ago and Mr. Wolin is now the new owner of the Vineyard.  She stated that the estate’s conservator, Mr. Zuegner was in yesterday and stated that Mr. Wolin wants to keep it an active winery.  She referred to the letter she wrote to Mr. Wolin regarding the deficiencies on the property; Mr. Zuegner was appreciative of that fact.  She stated that Mr. Wolin now has all the documents from the Township’s files.

 

T. Carluccio added that D. Maksymovich had been in touch with her after the Board’s last meeting to inform her that this transaction may take place so she wanted to make sure that Mr. Wolin had information regarding all of the Board of Health violations on the property.  T. Carluccio stated that this is the Board’s opportunity to get the property into compliance.  M. Stanbro asked if the Board needs to advise the new property owner that the Board would not grant any type of approvals for events until everything is in compliance.  T. Carluccio responded that the Board will reach out to the new owner to let him know that there are outstanding violations that would preclude permits from being issued by the Board of Health.  She stated that the Zoning Officer and Construction Official are going to have to get involved because the site is not in compliance with structures/improvements on the property.  

 

D.        ATME FAMILY MEDICINE, BLOCK 26 / LOT 1.04 QUARTERLY WATER METER REPORT.  T. Carluccio acknowledged receipt of the report.   D.

EAST AMWELL BOARD OF HEALTH             NOVEMBER 18, 2008         5

 

Wang-Iverson asked if the meter worked because of the low amount of water used.  T. Carluccio said that the meter measures only the office use. 

 

E.        2009 BUDGET REQUEST.  T. Carluccio commented that the Mayor has requested that the Boards have a special meeting to work up the 2009 Budget Requests.  L. Tatsch said that the Board did not need to do that if the Board can take the time to really consider the budget requests in depth.  He stated that the Township is facing a potential budget crisis this year due to the uncertainty of the economic climate.  The Township is not sure if the State will provide State Aide to Townships this year. L. Tatsch reviewed the Township’s concerns with the 2009 budget.  D. Maksymovich stated that in this economic climate, if necessary, to keep her line item the same.  The Board members did not agree saying that the staff is the most important part of the budget.

 

After reviewing every line item and having detailed discussion regarding each the Board has requested the following: 

 

TOWNSHIP OF EAST AMWELL

BOARD OF HEALTH

2009 BUDGET REQUESTS

 

                                                                                                2008                2009

 

Item 301          Bd. of Health Admin. Officer                                    $17,000           $17,500

                       

Item 308          Well Inspections                                             $3,000             $2,000

                       

Item 020          Other Expense                                                            $500                $100

 

Item 027          Legal-General                                                 $2,000             $1,000

 

Item 042          Education/Training                                         $1,000             $600

                       

Item106           HC Contractual                                               $12,000           $11,000

                       

Item 109          Hydrogeologist                                               $3,500             $2,500

 

Item 119          Perc/Soil Logs                                                 $17,000           $15,300

                                                                                                _______          _______

 

                                                                                                $56,000           $50,000

 

The Board of Health was able to reduce the 2009 Proposed Budget Request by $6,000.00.  L. Tatsch thanked the Board members for being so responsive to the Township Committee’s request.

 

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L. Tatsch commented that one of the Township’s big expenses; especially with the Planning Board is the Township Engineering costs.  L. Hamilton commented that in the “old days” the Township got a very good deal with D. O’Neal.  L. Tatsch responded that that has changed dramatically and one of the Township’s biggest challenges this year is how to keep the engineering costs down.  D. Maksymovich commented that the Township is using the engineer’s services more frequently because of Stormwater regulations.  T. Carluccio added that the Water Quality Management Plan is going to require an engineer also.  L. Hamilton commented that the Township can not hire its own engineer as a staff member because it would cost the Township more.  He said that in fact, other Townships have talked about getting rid of their full time engineers and going to a service.  A brief discussion followed. 

 

T. Carluccio said that one thing the Township can be sure of with D. O’Neal is we get quality work and he is not over billing the Township.  She stated that he is honest and can be trusted.  She said she the Board finds that with every service the Board receives from Hopewell Valley Engineering: including W. Wolf and everything he does; they are very exact.  She said she thinks what the Township is feeling the pain of the requirement to have professionals do certain work.  L. Tatsch agreed.    

 

L. Tatsch once again remarked that he appreciated the Board’s effort; the task as he envisioned it when he wrote his letter the Board did tonight; some brainstorming and discussion other then just cutting the budget and that is what he is hoping all Boards and Committees would do.

 

ITEMS OF DISCUSSION

 

A.        SOURLAND REGIONAL WATERSHED PLAN/ EAST AMWELL MUNICIPAL STORMWATER TASK FORCE/EAST AMWELL WASTEWATER MANAGEMENT PLAN.    T. Carluccio commented that the Sourland Regional Watershed Plan was the item to be removed from the agenda. 

 

Municipal Stormwater Task Force:  T. Carluccio reported there is nothing new from last month.

 

Wastewater Management Plan:  T. Carluccio reported that she is on the sub-committee that is working on the plan.  She said that they had their first meeting at the County last month and the whole committee went.  There are representatives on the Committee from the Planning Board, Township Committee and also D. O’Neal’s work has been required in a limited way and Joe Skupien has also volunteered.  On the committee are P. Kneski, J. Skupien, a member of the Planning Board and herself.  She said they would be working on the Wastewater Management Plan which is a requirement under the new Water Quality Management Plan requirements that have been approved by the State.  She explained the charge of the committee and the time line.

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B.        EDUCATION AND HEALTH ISSUES.  T. Carluccio reviewed the correspondence as listed on the agenda.  D. Maksymovich brought to the Board’s attention that the Hunterdon County Department of Health has taken a stand on Outdoor Wood Burners, however, the attachment is from NJDEP entitled “Smoke from Outdoor Wood Burners Prohibited”.  A brief discussion followed.

 

At the conclusion of the discussion it was determined that D. Maksymovich would put this additional information on the Township Web-site and will distribute the NJDEP document along with the Construction Permit which is required to install an Outdoor Wood Burner.

 

ADMINISTRATIVE OFFICER’S ORAL REPORT

 

King, Block 38 / Lot 16:  D. Maksymovich reported that the uncertified well on this property has been decommissioned as per the State Regulations.

 

Septic Designs approved by Hunterdon County without the required certified well:  D. Maksymovich told the Board that she is holding three septic designs that have been approved but there is not a certified well on the property.  She stated that these three designs are getting ready to expire in 2009.  She asked the Board if she should contact these property owners.  A brief discussion followed.  At the conclusion of the discussion it was the consensus of the Board that D. Maksymovich keep the designs on file until the property owner notifies her.

 

Scibilia, Block 11 / Lot 37.03:  D. Maksymovich informed the Board that the County has reviewed the septic system design.  She told the Board that she has a copy of the letter the County sent directly to the engineer (P.G. Scibilia) which the Board normally does not receive; since this is an unusual case the County sent her a copy of the letter.  She told the Board the G. Scibilia had called her and she told him what he had to do next. 

 

L. Tatsch asked if this is G. Scibilia’s attempt to move the septic field.  T. Carluccio responded yes.  D. Wang-Iverson commented that he thought G. Scibilia did not have to do that; that the system was okay where it was.  L. Tatsch responded that an easement had been provided to G. Scibilia but he has not signed it.  He told the Board that the Township is being held up receiving a payment of $188,000.00 from the County which is our share of the cost of the Preservation of the land because this problem has not been resolved.  He told the Board this process needs to be completed before the Township can get that money reimbursed from the County and the clock is running out.  Discussion followed.

 

T. Carluccio remarked that this is supposed to all be dealt with before the end of this year, so this is a problem.  D. Wang-Iverson commented that there is no way this is going to be done by the end of the year.  D. Maksymovich reminded the Board that G. Scibilia

 

EAST AMWELL BOARD OF HEALTH             NOVEMBER 18, 2008         8

 

will lose his tenant because he was supposed to have the lot line adjustment perfected months ago. 

 

D. Maksymovich informed the Board that G. Scibilia owes the Planning Board $1,053.80.  She stated that the policy since she has worked for the Township has been that if an applicant owes escrow the other departments in the Township do not work on that application until the escrow is paid.  T. Carluccio said the process G. Scibilia has chosen a route that requires County approval and that the County has been very straightforward and has treated the design just like any other application.  The County is the agency that is providing the regulations to G. Scibilia. L. Hamilton said if he were G. Scibilia he would go with the easement recommendation; he could then come back and deal with the septic system later.   L. Tatsch said that he is glad that the County wrote the letter maybe that is what G. Scibilia actually needed to hear from a different source.  

 

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 M. Stanbro and was 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 9:37 p.m. L. Tatsch motioned to adjourn, seconded by M. Stanbro and was carried by unanimous vote.

 

                                                            ____________________________________

                                                            Darlis Maksymovich, Administrative Officer