APPROVEDDRAFTAPPROVED

WARREN BOARD OF HEALTH MINUTES

MARCH 18, 2009 – 6:00 P.M.

2ND FLOOR CONFERENCE ROOM – MUNICIPALBUILDING

46 MOUNTAIN BOULEVARD, WARREN

Call to Order: The regular meeting of the Warren Township Board of Health was called to order at 6:10 p.m. by Mrs. Jolee Garrison, Secretary/Treasurer.

Flag Salute:

The Opening Statement: Adequate notice of this special meeting was given on March9, 2009 by posting a copy on the Township Bulletin Board and 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 - AbsentAlternate #1

Mrs. Garrison -PresentMrs. Cooper - Present

Mr. Morlino -Present (arrived 7:10)Alternate #2

Dr. Sarraf –PresentMr. Riley - Present

Mr. Sordillo - Absent

Mr. Zimmerman - PresentMr. Plager – Present

Fredi L. Pearlmutter, Esq., WarrenTownship Board of Health Attorney

Kevin G. Sumner, Health Officer

Barbara Streker, Clerk/Registrar

Privilege of the Floor:

None

Approval of Minutes:

Motion was made by Mr. Plager second by Dr. Sarraf to adopt the January 14, 2009January 20, 2009 minutes.

Voice Vote:

In Favor: Mrs. Garrison, Mr. Zimmerman, Dr. Sarraf, Mrs. Cooper, Mr. Riley, Mr. Plager

Opposed: None

Abstentions: None

Correspondence:

  • Monthly Reports (January/ February)– Kevin G. Sumner, Health Officer; Ronald Cohen, REHS; Robyn Key, REHS; Nancy Lanner, REHS;
  • Recommended Immunization Schedules for Persons Aged 0-18 years
  • Bureau of Environmental Radiation Radon Program- December 2008/ January 2009 Monthly Report
  • The New Jersey Poison Information & Education System- 4th Quarter
  • New Jersey Local Boards of Health Association Newsletter
  • Thank You Note from Donna Ostman
  • 2009 Board of Health Meeting Summary- All Towns
  • Abbreviation Key for Monthly Reports

WarrenTownship Board of Health

March 18, 2009

Page Two

Middle Brook Regional Health Commission Report

The Commission had its reorganization meeting on January 28 and re-elected the same officers as the prior year.

Mr. Sumner reported on a response to performance evaluation report by Health and Senior Sservices.

New computers have been purchased for the Ccommission, but the new financial software has not been installed yet.

Amy Kim, a NPH Candidate, will be putting in 400 hours with the Commission working on a quality improvement plan for the Commission.

The flu clinic administered between 500-550 vaccines and the flu rabies clinic administered around 300 pneumonia [??] inoculations in 2008.

Genevieve Ross, administrative secretary,had worked for the Commission for 38 years and has retired as of December 31, 2008. Mr. Sumner proposed to the Commission to take this full-time position and make two part-time positions out of it. This proposal was approved.

The Visiting Nurses Association contract for 2009 has been signed.

Reports of Employees/Health Officer Report

Since the Commission meeting tThe Finance software has been loaded, but data still needs to be entered. [Is this same financial software mentioned above? If so, conform the 2 references.]

Ammy KimChen, MNPH Candidate, will be doing a presentation at the next Commission meeting on data collected from customer service surveys at the clinics.

WarrenTownship has a new Massage Therapy Ordinance in place.

Under the NJDEP storm waste water management rules, there is a requirement that we municipalities adopt a septic maintenance ordinances. There is no definition of maintenance in the septic regulations. A septic maintenance program can vaery from every three years pumping your septic tank to full inspection. There is no definition in the septic regulations.[Kevin: send me the citation or a copy of this regulation provision.]

Mr. Sumner stated to the Board that he sees an opportunity for the Board of Health to collaborate with the Recreation Commission by taking some of theire activities and making them public health related. An example would be to take their hiking trails and developing a program that encourages people to get out and walk. Mr. Sumner asked the Board to brainstorm ideas.

Financial Reports:

Treasurer’s Report: Receipts- January, 2009

Receipts for Registrar: $314.00

Health $8369.50

Application Fees $300.00

Septic and Well $95.00

Total Health $9078.50

Dogs $4185.00

Cats $399.00

Total Animal $4584.00

Grand Total Receipts January, 2009 $13662.50

WarrenTownship Board of Health

March 18, 2009

Page Three

Motion was made by Mrs. Cooper, second by Mr. Zimmerman, to approve the JanuaryTreasurer’s report as read.

Mr. Plager asked if the health receipts are compatible comparable to past years. Mr. Sumner stated that this year with business licenses, the department Board has seen more non-compliance than in past years, but the deposits are close to past years.

Voice Vote:

In Favor: Mrs. Garrison, Mr. Zimmerman, Dr. Sarraf, Mrs. Cooper, Mr. Riley, Mr. Plager

Opposed: None

Abstentions: None

Disbursements:January, 2009

Health:

Marriage License- 2008 4th Quarter(5 at $25 each) $125.00

Ronald Cohen- Mileage Reimbursement $205.92

Barbara Streker- Mileage Reimbursement $13.20

Total Health Disbursement $344.12

Animal Control:

State Dog Licensing Fee for January 2009 $1100.40

Preparation for Animal letter mailing $890.00 Total Animal Control Disbursements $1787.00

Total Disbursements – January, 2009 $2131.12

Motion was made by Mrs. Cooper, second by Mr. Plager, to approve January Disbursements as read.

Roll Call:

Mrs. Garrison -Yes

Mr. Zimmerman -Yes

Dr. Sarraf-Yes

Mrs. Cooper – Yes

Mr. Riley – Yes

Mr. Plager – Yes

Treasurer’s Report: Receipts- February, 2009

Receipts for Registrar: $104.00

Health $3586.50

Application Fees $100.00

Septic and Well $880.00

Total Health $4670.50

Dogs $1407.00

Cats $196.00

Total Animal $1603.00

Grand Total Receipts February, 2009 $6273.50

WarrenTownship Board of Health

March 18, 2009

Page Four

Motion was made by Mr. Plager, second by Dr. Sarraf, to approve the FebruaryTreasurer’s report as read.

Voice Vote:

In Favor: Mrs. Garrison, Mr. Zimmerman, Dr. Sarraf, Mrs. Cooper, Mr. Riley, Mr. Plager

Opposed: None

Abstentions: None

Disbursements:February, 2009

Health:

Licensing Books- 10 books $282.00

Registrar Association 2009 Membership- Barbara Streker & Donna Ostman $ 50.00

Total Health Disbursement $332.00

Animal Control:

State Dog Licensing Fee for February 2009 $175.20

Total Animal Control Disbursements $175.20

Total Disbursements – February , 2009 $507.20

Motion was made by Mr. Riley, second by Mr. Plager, to approve February Disbursements as read.

Dr. Sarraf stated he thought that licenses should be generated off the computer and not through licensing books. Mr. Sumner stated he would look into it.

Roll Call:

Mrs. Garrison -Yes

Mr. Zimmerman -Yes

Dr. Sarraf-Yes

Mrs. Cooper – Yes

Mr. Riley – Yes

Mr. Plager – Yes

Case #1

10 Marian Lane

Block 96, Lot 10

Application: Variance from Ordinance 88-1A

Owner/ Applicant:Marie Colluci

Mr. Sumner stated that Mrs. Marie Colucci at 10 Marian Lane, Warren is requesting a variance from ordinance 88-1A to connect to the sewers due to a financial hardship.. The septic tank was pumped on December 11, 2006. The septic system was tested by Leland Titus, P.E on January 12,13,14 & 15, 2008 and appears to be functioning properly. Counsel reviewed the financial documentation submitted which has not changed.

Mr. Riley stated that he recommends that the resolution have a requirement that inthe event that the property is sold,it the requirement to hook up to the sewer must be reported to the purchaser. .

WarrenTownship Board of Health

March 18, 2009

Page Five

Case #1 (Continued)

Counsel suggested to the Board, to have the owner be required to put the notice of the conditions of the resolution in the contract of sale the conditions of the resolution.

Mr. Riley stated that the resolution should require the present owner to give notice to any potential buyer of the requirement to connect to the sewer.

Motion was made by Dr. Sarraf second by Mrs. Garrison to approve the application as presented.

Roll Call:

Mrs. Garrison -Yes

Mr. Zimmerman -Yes

Dr. Sarraf-Yes

Mrs. Cooper – Yes

Mr. Riley – Abstain

Mr. Plager – Yes

Case #2

233 King George Road

Block 52, Lot 11

Application:Minor Subdivision

Owner/ Applicant:Marie Claude Hillerns

Engineer:Murphy and Hollows Associates

Attorney:Erwin C. Schnitzer, Esq.

Erwin C. Schnitzer, Esq. of Schnitzerof Schnitzer & Schnitzer, William G. Hollows, P.E., P.L.S., P.P, of Murphy & Hollows Associates Inc., and Marie Claude Hillerns, owner/applicant, were present.

Board Counsel swore in Mr. Hollows and Ms. Hillerns.

Mr. Schnitzer stated that the applicant is proposing to subdivide the existing 4.93 acre lot into two lots of 2.42 acres and 2.31 acres. Lots are to be serviced by public sewer, as approved by Warren Township Sewerage Resolution 08-140, and private well. Applicant proposes to maintain a single family dwelling on lot 11.

Mr. Plager asked where the site location of this property is located on King George Road. Mr. Hollows testified that the location of the property is on King George Road, about two houses down from Mountainview Road on the west side.

Mr. Hollows passed out plans for the Board. He testified thattestified that on the plans Ms. Hillerns’ current dwelling is located to the north. Towards the bottom of the plans, lot 12.01, is the current location of her daughter’s dwelling. The middle property will be the new lot.

Mr. Hollows testified as to the location of Ms. Hillerns’ well located on the property line to the south side along just below her driveway,; and the proposed dwelling’s well will be to the rear of the house and mMs. Hillerns’ daughter’s well is behind her driveway to the rear. Mr. Hollows testified that the three wells will be marked on the subdivision plans and submitted to the town.

WarrenTownship Board of Health

March 18, 2009

Page Six

Case #2 (Continued)

Mr. Plager stated that the well line currently servicing Ms. Hillerns’ house would not be allowed to continue to go under a driveway. A new well would have to be drilled or the driveway moved.

Mr. Hollows testified the new dwelling’s well would be located behind that house and the garage of Ms. Hillerns currently located on the new property line would be taken down and disposed of. A new garage will be built.

Mr. Hollows testified that a note has been added to the bottom of the drawings stating that if hazardous materials are found in the garage, they are to be removed be fore the garage is taken down.

Ms. Hillerns testified that there are currently no hazardous materials located in the garage. This will have to be confirmed.

Mr. Plager asked about the subsurface disposal. Mr. Hollows testified that Ms. Hillerns house is currently on sewer and will remain on sewer, as well as the new dwelling. Mr. Plager stated that there is no record on file of any septic system ever being abandoned. If a septic system is found, it will have to be abandoned according to law.

Mr. Plager asked what the “grist wheel” noted on the plans is. Ms. Hillerns testified that it is a stone decoration.

Counsel for the Bboard asked how far back the wetlands delineation was done. Mr. Hollows testified that he is not sure.

Mr. Plager asked where the water runoff from the new dwelling will drain to. Mr. Hollows testified that the drainage system would be hoocked up to a splash block flash over flow[A1] and and discharge to the ground [???]. Mr. Plager stated then he would be concerned about the neighbor since he sees no swale to direct the water. Mr. Hollows testified that he would direct the water to the rear of the property away from the neighbor.

Mrs. Cooper asked if the lots are to size. Mr. Schnitzer stated that the lots zoning calls for 3 arcres and the proposed lots would be 2.42 and 2.31 acres.. [Kevin: Is this going to Planning Bd. or Bd. of Adjustment?]

Motion was made by Mrs. Cooper second by Mr. Riley to adopt the preliminary drawings per the change for the runoff and updating of the official plans to include all changes.

Roll Call:

Mrs. Garrison -Yes

Mr. Zimmerman -Yes

Dr. Sarraf-Abstain

Mrs. Cooper – Yes

Mr. Riley – Yes

Mr. Plager – Yes

WarrenTownship Board of Health

March 18, 2009

Page Seven

Resolution 2009-10

Joseph Pontoriero

76 Dock Watch Hollow Road

Block 55, Lot 24

Minor Subdivision

Motion was made by Mrs. Cooper second by Mrs. Garrison to approve resolution 2009-10 as amended.

Counsel for the Board changed the third “Whereas” paragraph, first sentence to state, “incorporate a portion of Block 55, Lot 24.06 into new lot 25.01, as outlined[A2] in the plans”.”

Roll Call:

Mrs. Garrison -Yes

Mr. Zimmerman -Yes

Dr. Sarraf-Yes

Mrs. Cooper – Yes

Mr. Riley – Yes

Mr. Plager – Yes

Resolution 2009-11

Rocco Paternostro

Morning Glory road

Block 65, Lot 9

Major Subdivision

Motion was made by Mrs. Garrison second by Mrs. Cooper to approve resolution 2009-11 as read.

Mr. Plager asked why this revised application is before the Board if it is only one lot. Mr. Sumner stated that this application is for a lot line change and a new road is being added as part of the subdivision. The Planning Board has already been approved the application pending certification from the Board of Health.

Roll Call:

Mrs. Garrison -Yes

Mr. Zimmerman -Yes

Dr. Sarraf-Yes

Mr. Morlino-Abstain

Mrs. Cooper – Yes

Mr. Riley – Yes

Mr. Plager – Yes

Mr. Morlino arrived at 7:10pm.

Dr. Sarraf was recused from Case 3 and left the meeting at 7:10pm.

The Board took a break at 7:10pm and resumeds at 7:24pm.

WarrenTownship Board of Health

March 18, 2009

Page Eight

Case #3

84 Old Stirling Road

Block 95, Lot 6

Application:Continuation of rehearing of previously approved variances from septic ordinance

Applicant:Robert Patton

Attorney:Lloyd Tubman, Esq.

Engineer:Charles Tiedeman, P.E., Whitestone Associates

Counsel informed the Board that about 3pm today, a letter was delivered by Kevin Page in response to the submittal from Charlie Tiedeman, Whitestone. An issue was raised in regards to State code issues.

Ms. Tubman stated that she received a letter from Mr. Page just after 3pm today that raises a question about whether or not permeability test results were improperly loggeds[??] or whether the test was improperly done. Since receiving this letter, she has not been able to verify with the engineer, Mr. Tiedeman.

Ms. Tudbman is asking for an adjournment until the nexst meeting. The adjournment is being scheduled until the May 13th meeting at 7pm.

Mr. Plager stated that if either party has anything to submit it must be in to the Board at least 7 days prior.

Old Business:

Mr. Morlino asked Mr. Sumner if he was able to look into whether Board members could walk the property. Mr. Sumner stated he still does not have an answer in regards to liability. Mr. Sumner has asked the Aadministrator, Mark Krane who could not give an answer. Mr. Riley stated that he submitted to the Health Department a copy of a form he discovered while reviewing a pPlanning Board file in another town. Mr. Sumner stated that in speaking to the other Board secretaries that the Board members do often walk the property, but there is no relief release [??] or approval for them to do so.

New Business:

Mr. Plager stated to the Board that along with Mr. Sumner he has been revising the septic ordinances. He would like feedback from the Board at the next meeting on the revisions to the ed ordinances.

Counsel for the Board stated that the ordinance for submission time frame needs to be changed in order to give more time to review documents both for the Health oOfficer and potential objectors. Right now it is 14 days before a scheduled meeting for the applicant to get the application and maps in to the Health Department. The Board had a discussion on what would be an appropriate time frame. The Board agreed on 45 days with noticing at time of submittal. Objectors must then submit objections 3 weeks after being noticed.

Mr. Plager asked the Board if they felt that the Board of Health approvals should have a time limit. Mr. Sumner stated that the Planning Board has a two year limit from the point time the resolution is adopted. The Board felt that there should be a time limit and should be similar to the Planning Board’s time frame.

WarrenTownship Board of Health

March 18, 2009

Page Nine

New Business: (Continued)

Mr. Plager proposed to the Board to meet every other month pending case load to reduce costs. The Board agreed.

The next Board of Health meeting will be held on May 13, 2009 at 6pm in the second floor conference room of the MunicipalBuilding.

Adjournment:

Motion was made by Mrs. Cooper, second by Mr. Morlino, to adjourn the meeting at 8:27pm. Motion carried by unanimous voice vote.

Respectfully submitted,

Barbara Streker, Clerk, Warren

Township Board of Health

March2009MINUTES/2009BOH

1

[A1]Barbara, you are going to have to relisten to this and see if you can figure out what was said. This makes no sense to me.

[A2]Barbara, are these lot numbers correct?

Kevin, Yes they are