Warren Board of Health s1

APPROVED

WARREN BOARD OF HEALTH MINUTES – Reorganization Meeting JANUARY 9, 2008 – 7:00 P.M. 2ND FLOOR CONFERENCE ROOM – MUNICIPAL BUILDING 46 MOUNTAIN BOULEVARD, WARREN

Call to Order: The regular public meeting of the Warren Township Board of Health was called to order at 7:07 p.m. by Barbara Streker, Clerk/Registrar.

Flag Salute

The Opening Statement: Adequate notice of this meeting was given on January 19, 2007 by posting a copy on the Township Bulletin Board sending a copy to the Township Clerk, Echoes Sentinel and Courier News as required by the Open Public Meetings Act. We plan to adjourn no later than 10:00 P.M.

Roll Call: Dr. DeMarco - Present Alternate #1 Mrs. Garrison -Present Mrs. Cooper - Present Mr. Morlino -Absent Alternate #2 Dr. Sarraf –Absent Mr. Riley - Present Mr. Sordillo - Absent Mr. Zimmerman - Present Mr. Plager – Present

Fredi L. Pearlmutter, Esq., Warren Township Board of Health Attorney Kevin G. Sumner, Health Officer Barbara Streker, Clerk/Registrar

Clerk informs the Board of new appointments: The Township Committee concurs and recommends the following appointments to the Board of Health:

Jolee Garrison – Appointment Expiration Date – December 31, 2010 Bruce Morlino - Appointment Expiration Date – December 31, 2010

Alternate #2 Greg Riley– Appointment Expiration Date – December 31, 2009

Mayor’s Appointment : Victor Sordillo – Appointment Expiration Date – December 31, 2008

Board Counsel administered oaths to both Mrs. Garrison and Mr. Riley. APPROVED

Warren Township Board of Health Re-organization Meeting Minutes January 9, 2008 Page Two

Order of Business for Organizational Meeting: 1. Election of Officers 2. Resolution concerning Authorizing Use of Consent Agenda at Warren Township Board of Health Meetings 3. Consent Agenda a) Resolution Appointment of Employees b) Resolution concerning Schedule of Meetings c) Resolution concerning Rules of Order d) Resolution concerning Business and Correspondence. e) Resolution concerning Appointment of Health Officer f) Resolution concerning Appointment of Attorney 4. Resolution concerning Agreement with Middle-Brook Regional Health Commission for Public Health Services. 5. Resolution concerning Appointments for Middle-Brook Regional Health Commission Representatives and Alternates. 6. Privilege of the Floor 7. Reports of Employees 8. Financial Reports 9. Old Business 10. New Business 11. Adjournment

Motion was made by Mrs. Garrison, seconded by Mr. Plager to adopt the Order of Business for the Organizational Meeting as read: Voice Vote: In Favor: Dr. DeMarco, Mrs. Garrison, Mr. Zimmerman, Mrs. Cooper, Mr. Riley, Mr. Plager Opposed: None Abstentions: None

Election of Officers Election of President Nomination was made by Mr. Zimmerman, seconded by Dr. DeMarco to elect Mr. Plager as President of the Warren Township Board of Health.

There being no further nominations from the floor, motion was made by Mrs. Garrison, seconded by Mrs. Cooper to close nominations:

Voice Vote: In Favor: Dr. DeMarco, Mrs. Garrison, Mr. Zimmerman, Mrs. Cooper, Mr. Riley, Mr. Plager Opposed: None Abstentions: None APPROVED

Warren Township Board of Health Re-organization Meeting Minutes January 9, 2008 Page Three

Election of Vice-President: Nomination was made by Mrs. Garrison, seconded by Mr. Plager to elect Dr. DeMarco as Vice-President of the Warren Township Board of Health.

There being no further nominations from the floor, motion was made by Mr. Riley, seconded by Mrs. Cooper to close nominations:

Voice Vote: In Favor: Dr. DeMarco, Mrs. Garrison, Mr. Zimmerman, Mrs. Cooper, Mr. Riley, Mr. Plager Opposed: None Abstentions: None

Nomination of Secretary/Treasurer: Nomination was made by Mrs. Cooper, seconded by Mr. Plager to elect Mrs. Garrison as Secretary/Treasurer to the Warren Township Board of Health.

There being no further nominations from the floor, motion was made by Mr. Riley, seconded by Dr. Demarco to close nominations:

Resolution 2008-1 – Authorizing Use of Consent Agenda at Warren Township Board of Health Meetings

Motion was made by Mrs. Garrison, seconded by Mr. Plager to adopt Resolution 2008- 1. Roll Call Vote: In Favor: Dr. DeMarco, Mrs. Garrison, Mr. Zimmerman, Mrs. Cooper, Mr. Riley, Mr. Plager Opposed: None Abstentions: None

Consent Agenda

Resolutions No. 2008-2 through 2008-8 were submitted to the Board of Health for review and may be adopted by one motion. These resolutions are listed on the agenda for review and complete copies were made available in the Warren Township Board of Health office.

Motion was made by Mr. Riley, seconded by Mrs. Cooper, to adopt Resolution 2008-2 through 2008-8 as read. APPROVED

Motion was made by Mr. Riley, second by Mrs. Garrison, to adopt Resolution 2008-2 as amended. Warren Township Board of Health Reorganization Meeting Minutes January 9, 2008 Page Four

Roll Call: Dr. DeMarco- Yes Mrs. Garrison - Yes Mr. Zimmerman - Yes Mrs. Cooper – Yes Mr. Riley – Yes Mr. Plager – Yes

Resolution 2008-9 – Authorizing Agreement with Middle-Brook Regional Health Commission for Public Health Services.

Motion was made by Mr. Zimmerman, seconded by Mrs. Garrison, to adopt Resolution 2008-9.

Resolution 2008-10- Appointments of Representatives and Alternates to Middle-Brook Regional Health Commission.

Motion was made by Mrs. Cooper, seconded by Mrs. Garrison, to adopt Resolution 2008-10.

Board Counsel administered oath to Mr. Kevin Sumner, Health Officer.

PRIVILEGE OF FLOOR: None

APPROVAL OF MINUTES: Motion was made by Mrs. Cooper, second by Mrs. Garrison, to adopt the Minutes of the November 14, 2007 meeting as amended. APPROVED

Warren Township Board of Health Reorganization Meeting Minutes January 9, 2008 Page Five

Roll Call: Dr. DeMarco- Yes Mrs. Garrison - Yes Mr. Zimmerman - Abstain Mrs. Cooper – Yes Mr. Riley – Abstain Mr. Plager – Yes

CORRESPONDENCE:  Monthly Reports (October/ November / December)– Kevin G. Sumner, Health Officer; Ronald Cohen, REHS; Robyn Key, REHS; Nancy Lanner, REHS;  Bureau of Environmental Radiation Radon Program- October/ November 2007 Monthly Report  Warren Township Sewerage Authority- Work/ Public Meeting December 19, 2007  Letter from Kevin Sumner to Dr. Gotsch announcing new Public Access cable program.  Public Health Information Comes to Your Living Room

REPORT OF EMPLOYEES/ HEALTH OFFICERS REPORT: Mr. Sumner informed the Board that Somerset County has finalized and published their County Community Health Improvement Plan. It identifies four priority areas (access to health care, health lifestyle, alcohol/tobacco and environmental health.)

The Commission’s Health Educator has developed and began filming half hour monthly public health segments on cable. The cost is $250.00 per month. Mr. Sumner stated that he has funding for the first two months through UMDNJ. The format for the segments will be an interview conducted by the Health Educator. The first topic will focus on MRSA. February’s topic will be on Winter Safety, and March will hopefully focus on Poison Control, funded by Poison Control Center.

Mr. Plager asked that a report be given monthly by Mr. Riley to address issues discussed at the Middle-Brook Regional Health Commission meetings.

Financial Reports: Treasurer’s Report: Receipts – October, 2007 Receipts for Registrar: $542.00 Health $538.25 Application Fees $775.00 Septic and Well $950.00 Total Health $2,805.25

Dogs $32.00 Cats $0.00

Total Animal $32.00 APPROVED

Grand Total: $2,837.25

Warren Township Board of Health Reorganization Meeting Minutes January 9, 2008 Page Six

Treasurer’s Report: Receipts – November, 2007 Receipts for Registrar: $494.00 Health $451.50 Application Fees $350.00 Septic and Well $565.00 Total Health $1,860.50

Dogs $34.00 Cats $0.00 Total Animal $34.00

Grand Total: $1,894.50

Disbursements: November, 2007 Health: Temp Expenses (Week ending 10/28/07) $577.50 Temp Expenses (Week ending 11/6/07) $577.50 2007 Foul Weather Clothing Allowance- Donna Ostman $125.00 Total Health Disbursement November 2007 $1,280.00

Animal Control: MAC Program update- 2008 $450.00 Postage for Reminder to License (Residents) $883.70 Total Animal Control Disbursements $1,333.70

Total Disbursements – November 2007 $2,613.70

Treasurer’s Report: Receipts – December, 2007 Receipts for Registrar: $414.00 Health $0.00 Application Fees $200.00 Septic and Well $875.00 Total Health $1,489.00

Dogs $1,696.00 Cats $126.00 Total Animal $1,822.00

Grand Total: $3311.00

Disbursements: December, 2007 Health: Printing of Permit books $145.00 Fed Ex to Fredi Pearlmutter $24.40 Total Health Disbursement December 2007 $169.40 APPROVED

Warren Township Board of Health Reorganization Meeting Minutes January 9, 2008 Page Seven

Animal Control: State Dog Licensing Fee for November 2007 $2.40 Total Animal Control Disbursements $2.40

Total Disbursements – December 2007 $171.80

Motion was made by Mrs. Cooper, second by Mr. Riley, to approve October, November and December’s Treasurer’s report as read.

Motion was made by Mrs. Cooper, second by Mr. Riley, to approve October, November and December’s Disbursements as read.

Case #1 January 9, 2008 Block 119, Lot 5 121 Mountain Avenue Application: Final approval to construct septic system per Resolution 2007-20 Owner/ Applicant: Kevin Prus Engineer: Steven Parker, P.E.

Applicant is returning to the Board of Health as per Resolution 2007-20 granted on April 11, 2007. Condition No. 2 of the resolution requires the applicant to return to the Board of Health for further approval following a lot line merger. The applicant has provided a copy of the deed indicating merger of the two lots on October 15, 2007.

Motion was made by Mrs. Garrison, second by Mr. Riley, to approve the application as presented with resolution to be memorialized at the February 13, 2008 meeting as read. APPROVED

Warren Township Board of Health Reorganization Meeting Minutes January 9, 2008 Page Eight

Motion was made Mr. Plager, second by Mrs. Cooper, authorizing the Health Officer to issue approvals and permits prior to the reading of the resolution next month.

Case #2 January 9, 2008 Block 70, Lots 32.02 and 33.01 Jessica Lane Application: Minor Subdivision Owner/ Application: R.C.M. Development, L.L.C. (Anthony Marra) Engineer: Paul Fisk, P.E. Attorney: Erwin C. Schnitzer, Esq.

The applicant proposes to subdivide this 5.4620 acre 2 lot tract into 3 lots. The current dwelling would be demolished. Applicant has received preliminary and final approval from Warren Township Sewerage Authority (Resolution No. 07-126) for one additional EDU of capacity to serve three proposed single family dwellings. Applicant also proposes to serve the three new dwellings with individual wells. Applicant has submitted a NJDEP L.O.I. stating freshwater wetlands and state open waters are not present on the site. However, the L.O.I. is dated July 13, 2001 and was valid for 5 years.

Mr. Schnitzer stated that he has attempted to have the L.O.I extended or amended, but was told by the NJDEP that the L.O.I. could not be extended. A new application has been submitted. Mr. Schnitzer is requesting from the Board of Health that the application be heard and that the Resolution have a condition requiring the Applicant to obtain a new L.O.I.

Mr. Schnitzer stated that the current L.O.I has different Lot numbers on it since it is from the original subdivision application back in 2004. The new L.O.I. that has been applied for will have the correct Block and Lot numbers.

Mr. Paul Fisk P.E., Fisk Associates, was present and sworn in to testify. APPROVED

Mr. Fisk provided testimony that each lot would have a retention basin, not a detention basin, since a retention basin has no direct discharge. The driveways will be open, without curbing, and constructed on grade to help with the infiltration.

Warren Township Board of Health Reorganization Meeting Minutes January 9, 2008 Page Nine

Case #2 January 9, 2008 Continued Mr. Fisk testified that the existing well on the property will be properly capped and sealed. The three new lots will be serviced by three new wells.

Mr. Fisk testified that there are no known underground oil tanks or septic tanks on the site. He has noted on the plan that if one is found it will be removed.

Motion was made by Mrs. Garrison, second by Mr. Riley, to approve the application as presented, subject to obtaining a new L.O.I.

Case #3 January 9, 2008 Block 37, Lot 12 6 Blackthorne Road Application: Minor Subdivision Owner/ Applicant: Mario S. and Erica Mannino Engineer: Fisk Associates

Mario Mannino, applicant, was present and sworn in.

It was noted for the record that Fredi Pearlmutter, Board Counsel was recused from Case 3 after swearing in Mr. Mannino, due to a conflict of interest with her firm and left the room at 7:48 pm.

Mr. Sumner reviewed the application for the Board. Applicant proposes to subdivide this 1.5996 acre lot into two new lots. Applicant has received preliminary and final approval from Warren Township Sewerage Authority to service two dwellings by public sewer. Applicant has also received a can serve letter from N.J. American Water to provide public water to the new dwelling. The existing dwelling will continue to use the existing private well. Applicant has provided a NJDEP L.O.I. dated June 28, 2006 indicating the freshwater wetlands present on the property are of ordinary resource value.

Mr. Mannino testified that the zoning for property is R20-v.

Mr. Mannino testified that located at the rear of the property is a manmade drainage ditch with no buffer zone that will not be disturbed. APPROVED

Mr. Mannino testified that the current dwelling on the property will maintain the existing well. Upon completion of the second home, that home would at some point connect to city water.

Warren Township Board of Health Reorganization Meeting Minutes January 9, 2008 Page Ten

Case #3 January 9, 2008 Continued Mr. Mannino testified that the well was tested in 2003 when he purchased the house and then again in 2005. The Board requested that those test results be submitted prior to the next meeting.

Mr. Mannino testified that the well test in 2005 was only tested for and showed coliform, but tested negative for E coli. He treated the well, but never retested. He never conducted tests for chemical contamination.

The Board required that Mr. Mannino test his current well as part of the Resolution to comply with the standards for parameters listed under the Private Well Testing Act.

Motion was made by Mr. Riley to approve the application subject to the condition that the well be tested. If the testing reveals contaminants in excess of the state standards that your application be approved subject to the requirement that both lots be connected to the public water supply.

Mr. Mannino testified that he would rather connect the existing dwelling to city water than spend the money to test his current well.

The Board informed Mr. Mannino that he would need to have by the next meeting a new letter to connect the current dwelling to city water or well water results. If Mr. Mannino decides to connect to city water, the well would need to be abandoned.

Mr. Mannino testified that once he gets approval for the subdivision, the shed, garage and sun room would be demolished.

Mr. Mannino testified that there are no underground storage tanks or septic tanks on the property.

Motion was made by Mrs. Cooper second by Dr. DeMarco to approve the application subject to the condition that the well be tested or to connect both houses to public water supply. If the testing reveals contaminants in excess of the state standards that your application be approved subject to the requirement that both lots be connected to the public water supply.

Roll Call: Dr. DeMarco- Yes Mrs. Garrison - Yes Mr. Zimmerman - Yes Mrs. Cooper – Yes Mr. Riley – Yes Mr. Plager – Yes APPROVED

Board Counsel returned to the room at 8:20pm.

Warren Township Board of Health Reorganization Meeting Minutes January 9, 2008 Page Eleven

Resolution 2008-11 Block 73, Lot 9 198 Mount Horeb Road Application: Variance from Warren Septic Ordinance Owner/ Applicant: Satnam Singh Engineer: Kurt Hoffman, P.E. Attorney: C. Boyd Cote, Esq.

Motion was made by Mrs. Cooper second by Mrs. Garrison to approve Resolution 2008-11 as read:

Following discussion, variance number eight was amended to read “Applicant shall install a new well and shall test the well to verify potability for the parameters defined by Warren Township Board of Health Ordinance 93-2A and New Jersey State Private Well Testing Act in accordance with applicable law and shall provide a copy of the test results to the Health Officer prior to the issuance of a certificate of occupancy. The new well shall meet all applicable standards for drinking water. The well shall be operated in compliance with all applicable federal, state and local requirements.”

Motion was made by Mrs. Garrison second by Mrs. Cooper to approve Resolution 2008-11 as amended.

Roll Call: Dr. DeMarco- Yes Mrs. Garrison - Yes Mr. Zimmerman - Abstain Mrs. Cooper – Yes Mr. Riley – Abstain Mr. Plager – Yes

Resolution 2008-12 Block 57, Lot 10 54 Ferguson Road Application: Variance from Warren Septic Ordinance Owner/Applicant: Andrew and Quenia Dobek Engineer: Paul Ferriero, P. E.

Motion was made by Mrs. Garrison second by Mrs. Cooper to approve Resolution 2008-12 as amended.

Roll Call: Dr. DeMarco- Yes Mrs. Garrison - Yes Mr. Zimmerman - Abstain APPROVED

Mrs. Cooper – Yes Mr. Riley – Abstain Mr. Plager – Yes

Warren Township Board of Health Reorganization Meeting Minutes January 9, 2008 Page Twelve

Old Business: Mr. Sumner advised the Board that Mr. and Mrs. Patton would like to address the Board as to the status of their application with DEP. After discussion, the Board requested Mr. Sumner to present a summary of the recent case events at the next meeting.

New Business: None

Adjournment:

Motion was made by Mrs. Garrison, second by Mr. Riley, to adjourn the meeting at 9:20pm. Motion carried by unanimous voice vote.

Respectfully submitted,

Barbara Streker, Clerk, Warren Township Board of Health

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