TOWNSHIP OF MAHWAH

BOARD OF HEALTH

MINUTES

July 24, 2008

The regularly scheduled monthly meeting of the Board of Health of the Township of Mahwah, held at the Municipal Offices, 475 Corporate Drive, Mahwah, New Jersey, was called to order at 7:30 PM by President, Wendy DeSilva. The Opening Statement was read according to the Sunshine Law and was followed by Roll Call.

PRESENT: Mrs. DeSilva

Mr. Harris

Mr. Ackerman

Mr. LaMontagne

Dr. Welch

ABSENT: Mrs. Spiech

Mr. Wasson

PROFESSIONALS: Mr. Mason, Attorney

Mr. Hopper, Health Officer

Mrs. Homler, REHS

Mrs. Campbell, Secretary

APPROVAL OF REGULAR MEETING MINUTES

Moved by Mr. Harris and, seconded by Mr. Ackerman, and unanimously agreed by all present to approve the minutes of the regular meeting of June 5, 2008.

APPROVAL OF THE HEALTH ACTIVITIES REPORT

Moved by Mr. LaMontagne and, seconded by Mr. Harris to approve the Health Activities Report for June.

Mr. Ackerman inquired as to the frequency of mobile vendor inspections. Mr. Hopper replied that the trucks were inspected in the beginning of the year when first licensed. Inspections are made in the municipal building parking lot by appointment, so as to minimize disruption to their businesses. However, if a complaint is registered against a particular vendor, that unit would be located in the field during regular operations and an inspection made.

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Mr. Ackerman then inquired if there were any fixed location road-side vendors. Mr. Hopper replied that these operations are not permitted in Mahwah.

Mr. Ackerman requested additional information on a complaint regarding a childcare facility. Mrs. Homler replied that a patron had alleged that her child’s repeated illnesses were a result of poor hygiene and maintenance at the facility. The center had just recently been inspected by Mr. Maas and found to be satisfactory. Mrs. Homler’s subsequent investigation did not reveal any conditions to support the claim.

Mr. Harris asked Mrs. Homler to speak on her experience at the National Environmental Health Association Conference. Mrs. Homler explained that she had applied for a scholarship for the event which covered registration and lodging fees, and was selected as one of the seven winners. She attended between 4 and 5 seminars each day covering a variety of topics, and inspectors from all over the country shared their experiences in public health. The Board commended Mrs. Homler on her achievement.

Mr. Ackerman inquired as to the outstanding abatement notice for an absent septic As-Built. Mrs. Homler noted that she had spoken to the engineer (Skrable) today. He believes the final grading is complete and is now waiting for the owner to have the property surveyed. When the owner provides Skrable with the survey document, the As-Built can be produced. Mr. Ackerman asked if the unit was occupied. Mrs. Homler did not believe it was.

APPROVAL OF HEALTH OFFICER’S REPORT

Moved by Mr. Harris and, seconded by Mr. Ackerman, that the Health Officer’s Report for June be approved.

Mrs. DeSilva asked Mr. Hopper to detail the changes being made in State regulations regarding tanning salons. Mr. Hopper replied that comprehensive regulations had been adopted mandating specific signage, safety standards and limiting use to patrons over 16 years of age. Mr. Hopper continued that Mahwah has one salon in operation and had received an inquiry from a potential owner/operator.

Mr. Ackerman inquired as to Mr. Campion’s letter to West Bergen Mental Healthcare. Mr. Hopper responded that Mr. Campion had not received a response to his request for an EAP contract. Mr. Ackerman was concerned that attaching a separate value of $2000 to the EAP (formerly

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included at no charge with the allocation for Voluntary Municipal Support), would likely increase those costs for us next year when the contracts come up for renewal. Mr. Hopper noted the point may be moot, as the Business Administrator’s position is that the Township is not making donations at all. Mrs. DeSilva concurred that Mr. Campion wants a priced contract offering a service; in this case $2000 for an EAP in lieu of making a $2000 voluntary contribution. Mrs. DeSilva then noted that prior to next year’s renewal, this Board should review the usage of the EAP to see if its cost is justified.

Mrs. DeSilva requested additional details on the artificial turf issue.

Mr. Hopper stated that the turf at Mahwah High School had been tested, and according to the Superintendent, the lead levels were satisfactory. Preliminary tests at Continental Soldier’s field were also satisfactory, but this field will be tested again in accordance with new State and CDC testing protocol. While the CDC has made a determination that new turf is safe because it does not create large amounts of dust, they recommend that clothing and exposed areas of skin should be washed after use and contact. Signage to this effect may need to be installed on the fields.

Mr. Hopper advised that a lead exceedance had occurred during the latest public water test; seven out of sixty samples had come back with slightly elevated lead levels. The DPW will advise the public of the exceedance and the manner by which it is caused. Mr. Ackerman asked where the samples were being drawn from. Mr. Hopper answered that the test sites are not disclosed. He then explained that the Township prepares a statement and submits it to the DEP for approval. Public notification can begin as soon as that approval is received, and must occur within 60 days of the discovery. The Department will assist residents who wish to have their water tested [at their own expense] by distributing sample bottles and instructions.

Mr. Hopper noted that nationwide tomato sanctions had been lifted by the FDA. Epidemiologic investigations are generally a process of elimination, and through this process, it is now suspected that jalapeno peppers were responsible for the salmonella outbreaks. However, as of today, there is no official recall on jalapeno peppers.

There being no further questions or discussion, the Health Officer’s Report for June was unanimously approved.

Site Plans

None.

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BILLS

Moved by Mr. LaMontagne and, seconded by Mr. Harris and, unanimously agreed by all present to pay the bills for June.

REPORT OF STANDING COMMITTEES

On behalf of Mrs. Spiech (Sunshine Committee), Mrs. DeSilva read a card received from Mrs. Tracey thanking the Members for her gift, for sharing their expertise with her over the years, and for their dedication to the health of the residents of Mahwah.

REPORT OF ATTORNEY

Mr. Mason reported that our rooster case went to trial on June 19th as scheduled. Testimony was taken from a number of witnesses, most of which concerned the sixty or so summonses issued by the Zoning Board. Due to the volume of testimony, the case was carried to July 11th, also in a special session.

On July 11th, the prosecutor advised us that he had worked out an arrangement with the defendant to settle most of the charges. This was done to adjudicate an unmanageable load of litigation which had overwhelmed the town and his office. A fine of $100 plus court costs was levied.

The defendant’s attorney believes there may be a constitutional challenge available to his client, and is reserving the right to return to court and challenge the zoning ordinance that prohibits roosters.

The defendant was given the opportunity to appear before the Zoning Board to request that his property be rezoned to permit the activities or conditions for which he is now in violation. Mrs. DeSilva inquired if the court had set a time-limit for him to do this, recalling that our Board had made the same recommendation when he first appeared before us. Mr. Mason responded that no definitive time limit was set; we are at the mercy of the judge’s and prosecutor’s patience. In deference to their decision, Mr. Mason feels the court is pursuing the issue cautiously in order to prevent a media circus.

Mrs. DeSilva asked if the defendant ever produced the court decision he claimed was made in his favor. Mr. Mason said that evidence was never produced. Dr. Welch inquired if the ASPCA was involved. Mr. Mason responded that it was the ASPCA who determined these roosters are bred

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for cock fighting, but there was no evidence that the defendant is involved in this activity.

Mr. Mason advised that if the Zoning Board hears and denies the defendant’s application for a variance, we can then begin issuing summonses anew. Mr. Harris inquired if the defendant’s neighbors could institute civil action against him. Mr. Mason said that it was certainly their prerogative.

CORRESPONDENCE

6/4/2008 Letter To: Michael J. Tozzoli, WBMH From: Brian Campion

Re. Voluntary Support and EAP Agreements

6/9/2008 Memo To: Mayor Martel From: John Hopper

Appointment recommendations for Mrs. Spiech and Dr. Welch

OTHER BUSINESS

Mrs. DeSilva provided the members with a copy of the Township’s annual report from 1911, when we were known as Ho-Ho-Kus Township.

Resolution #08-11 Salary Ordinance No.31 (On First Reading)

Introduced: Mr. Harris

Seconded: Mr. LaMontagne

Roll Call: 5 Ayes (2 Absent)

There being no further business, a motion to adjourn at 8:35 pm was made by Mr. Ackerman, seconded by Mr. Harris and, agreed by all present.

The next meeting is scheduled for September 4, 2008 at 7:30pm.

Respectfully submitted,

Marianne Campbell

Secretary