TOWNSHIP OF MAHWAH BOARD OF HEALTH MINUTES MAY 11, 2010

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 Vice-President, Patricia Spiech. The Opening Statement was read according to the Sunshine Law and was followed by Roll Call.

PRESENT: Mrs. Spiech Mr. Ackerman Mr. LaMontagne Mr. Wasson Dr. Welch (7:35pm)

ABSENT: Mr. Harris Mrs. DeSilva

PROFESSIONALS: Mrs. Musella, Health Officer Mr. Mason, Attorney Mrs. Campbell, Secretary Mrs. Homler, REHS

Public: Mr. Peter Griffin

COMMENTS BY PUBLIC

Mrs. Spiech opened the meeting to the public. Mr. Griffin stated as a volunteer at the Center for Food Action, he has been picking up leftovers from the Mason Jar’s Sunday buffet for seven years without incident. The leftovers, (enough to feed five or six families) are stored in a walk-in cooler at the restaurant. Mr. Griffin picks up the items on Monday morning and brings them directly to the Center for Food Action for distribution on Monday. Mr. Griffin was recently informed by the new owner of the Mason Jar that the Board of Health had shut this operation down.

Mrs. Musella asked Mr. Griffin for particulars regarding the types of foods being picked up. Mr. Griffin stated most of the items were salads – chicken, bean, etc. In response to Mrs. Musella’s question, Mr. Griffin replied he was not certain if any items were previously served heated; they were always cold when he picked them up. -2-

Mrs. Homler explained that items on a buffet which are left at room temperature in excess of two hours must be discarded. Photographs on Mason Jar’s website and a recent inspection by Mr. Grotheer, indicate that most of the brunch platters are not kept on ice.

Mr. Wasson noted that cold salads are regular culprits in food- borne illness, even under optimal preparation and storage situations. He suggested that just because CFA was not aware of any client getting sick from mishandled food did not mean it had not happened.

Mrs. Homler stated that the Mason Jar has hired a food consultant who is ServSafe certified; she will work with him to ensure that as much leftover food as possible can be salvaged from the buffet. She assured Mr. Griffin that she will also be in contact with [William] Jim James, manager of the Center for Food Action.

Mr. Griffin thanked the Board for giving him the opportunity to speak, and for the Department’s anticipated assistance.

APPROVAL OF REGULAR MEETING MINUTES

Moved by Mr. Wasson and, seconded by Mr. Ackerman to approve the minutes of the Regular Meeting of April 13, 2010.

Mr. Wasson inquired if “convince to close” was accurate terminology in describing the inspectors’ efforts to shut down an establishment. Mrs. Campbell understood that only the police or the Code Official had the authority to immediately close an establishment against the owner’s wishes; the inspectors would first have to obtain a court order.

There being no further questions or discussion, the minutes of April 13, 2010 were unanimously approved.

APPROVAL OF THE APRIL HEALTH ACTIVITIES REPORT

Moved by Mr. LaMontagne and, seconded by Dr. Welch to approve the Health Activities Report for April 2010.

Mrs. Spiech inquired as to the location of a new retail outlet. Mrs. Homler replied that a consignment venue would open in the strip mall at the base of Miller Road.

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There being no further questions or discussion, the Health Activities Report for April was unanimously approved.

HEALTH OFFICER’S REPORT FOR APRIL

Moved by Mr. Ackerman, and seconded by Mr. LaMontagne to approve the Health Officer’s Report for April.

Mrs. Spiech requested the number of H1N1 flu vaccines in inventory. Mrs. Campbell estimated there are 1500 viable doses left. Mrs. Musella advised that The Society on Aging will sponsor a Health Fair at the Mahwah Senior Center on June 3rd. We will participate by staffing an H1N1 vaccine station.

Mrs. Musella further advised that permission to expand the use of federal H1N1 grant monies was given at the fifth (and final) Pandemic Influenza Summit. In addition to promoting additional vaccinations, monies can now also be used to improve emergency communications, updating computers, etc. She also noted that no mutation of the H1N1 virus has been seen, and flu activity is very low. Due to this, NJDHSS is discontinuing weekly flu reports.

Mr. Ackerman asked for the cost per dose of H1N1 vaccine. Mrs. Musella replied that the vaccine and related supplies were distributed at no charge by the Federal Government.

Mrs. Musella noted that H1N1 will be incorporated as part of the 2010-2011 seasonal flu vaccine. Thus far, no problems have been reported in the manufacture of this year’s vaccine. Mr. Ackerman inquired if Mahwah’s vaccine order had been placed; Mrs. Musella responded affirmatively.

Mrs. Homler asked if a separate seasonal vaccine (sans H1N1) would be available. Mrs. Musella said no, she believed all formulations being cultured include H1N1 along with other influenza strains forecast to be predominant this flu season.

Mr. Ackerman asked if we had placed our order with a single supplier. Mrs. Campbell answered yes; we purchase off the state contract. This is a four year contract and is awarded to several suppliers, but only one is considered proprietary at a time. We cannot purchase from secondary suppliers until the primary vendor’s supply is exhausted. -4-

Mr. Ackerman recalled an incident several years prior when our open account status with a vendor was compromised by a late payment. He was concerned that this may impact our ability to procure vaccine. Mrs. Campbell stated that the COD situation with FFF Enterprises was resolved and our open account status restored last year. Mrs. Campbell committed to track the paid status of this year’s invoice from Sanofi-Pasteur after she has submitted it to Finance for payment.

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

BILLS

Moved by Mr. Wasson and, seconded by Mr. LaMontagne to pay the bills for April.

Mr. Ackerman asked for clarification of the expenditures for Dr. Fenkart and Garden State Labs. Mrs. Campbell explained that whenever possible, the CFO requires funds be encumbered in advance of the actual expenditure. We encumber funds for these two expenses because as recurring items, we can always anticipate them. Because we have a contract, the encumbrance for Garden State Labs will cover the May invoice exactly. The encumbrance for Dr. Fenkart’s services is an estimate; we can’t know in advance exactly how many hours he will spend at the Child Health Conference.

There being no further questions or discussion, it was unanimously agreed to pay the bills for April.

REPORT OF ATTORNEY

Mr. Mason reiterated that he will be appearing before the Zoning Board of Adjustment on May 19 along with Mr. Maas. In preparation for that appearance, he has spoken with Mr. Cascio (Zoning Board Attorney) and Mr. Mulvey (Property Maintenance Inspector), and met with Mrs. Homler and Mr. Maas.

Mr. Mason believes that, historically, we must concede that there have probably been chickens on the property for many years. The relevant question then is, were there always coops and how many?

Documents and information culled from Health Department archives were assembled and will be provided to Mr. Cascio and Ms. Puorro -5-

(Administrative Zoning Officer), prior to the May 19th meeting.

The burden of proof is on the applicant to demonstrate how many coops were in use when our Municipal Land Use Law was adopted [circa 1950’s], and also how many were in existence when our Board of Health Ordinance was adopted in 1976. If there were two coops in 1976, those would be grandfathered and permitted to stay. But even these cannot create a public nuisance. If they do, the applicant could be compelled to bring them up to our current code, including concrete floors.

An encroachment issue also exists. The applicant placed coops on a strip of property that is owned by the Township and which separates DeMarino’s property from his neighbor’s.

Mr. Mason has some confidence that we are poised to reach some type of resolution. He opined that the Court was not in a position to interpret the zoning laws, however, once the Board of Adjustment hands down a resolution or edict, the Court will be able to enforce it.

Mr. Mason noted that aerial shots from the year 2000 indicate that there was a far smaller population of fowl on the property than currently exists. General discussion ensued over the purported use of the roosters, prior actions against the applicant, the permissibility of running a business in a residential area and the encroachment of Township property.

There being no further questions or discussion, a motion to adjourn at 8:40pm was made by Mr. LaMontagne, seconded by Dr. Welch and unanimously agreed by all present.

The next regular meeting is scheduled for June 8, 2010 at 7:30pm.

Respectfully submitted,

Marianne Campbell Secretary