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MINUTES OF THE 436 th MEETING OF THE STATE MOSQUITO CONTROL COMMISSION HELD IN THE CONFERENCE ROOM IN THE RAILROAD TERMINAL BUILDING, LIBERTY STATE PARK, JERSEY CITY., NJ August 17, 2010 MEMBERS PRESENT Prior to the meeting, Chairman Sarnas welcomed the attendees to Hudson County and described the improvements to the infrastructure of the area accomplished in recent years. John Sarnas, John Surmay, Howard Emerson, Dr. Kenneth Bruder, Dr. George Van Orden, Robert Kent, Secretary and Claudia O Malley, Technical Advisor. Mr. Konczyk, Mr. Mayer, Mrs. Semple and Mr. Petrongolo could not attend due to business conflicts. OTHERS PRESENT Scott Crans, Tadhgh Rainey, Dr. Roy Meyer, Intern, Dr. Greg Williams, DAG Michael Schuitt and Dr. Lisa Reed. CALL TO ORDER Chairman Sarnas called the meeting to order at 10:02 a.m. ROLL CALL Secretary Kent called the roll. OPEN PUBLIC MEETING ANNOUNCEMENT Secretary Kent reported that on August 9, 2010 the Secretary of State was sent an announcement for the August meeting to be held at Liberty State Park in the Railroad Terminal Building. A copy of the announcement was also sent to the Newark Star Ledger, the Asbury Park Press, the Associated Press, the Atlantic City Press, the Bridgeton Evening News, the NJDEP Press Office and the NJDEP Office of Communication and Legislation in compliance with P.L. 1975, c. 231. Prior to the approval of the minutes, Chairman Sarnas asked Dr. Williams to provide comments regarding the Hudson County Mosquito Control Program, the habitat there and the methodology for control. APPROVAL OF THE MINUTES OF THE JULY 20, 2010 MEETING Dr. Bruder moved and Mr. Surmay seconded a motion to approve the minutes with a correction to a passage as described by Mr. Emerson. The members approved the motion unanimously. CORRESPONDENCE 1

7/15/10 Letter from Greg Williams, Superintendent, Hudson County Mosquito Control to the Secretary. Ref.: Repairs to state-owned turbine sprayer. 7/15/10 Letter to Robert Kent, Secretary from Dennis Mahoney, General Supervisor, Salem County Mosquito Commission. Ref.: Surrender of state-owned longreach hydraulic excavator. 7/15/10 Letter to Robert Kent, Secretary from J.Lyell Clarke, President, Clarke Mosquito Control. Ref.: Gratitude to the NJDEP for their participation in the evaluation of the new larvicide "Natular". The company recently received the "Presidential Green Chemistry Award" for developing the product. 7/23/10 Memo from Claudia O'Malley to all NJ Mosquito Control Agencies and Commissions. Ref.: The availability of the recently surrendered long-reach hydraulic excavator. 8/3/10 Copied letter to Art Jamieson, Superintendent, Camden County Mosquito Commission from Dr. Mark Robson, Professor and Dean of Agriculture and Urban Programs, Rutgers University. Re: Participation in a pilot project to evaluate, standardize and assist county mosquito surveillance programs. 8/3/10 Copied letter to Doug Guthrie, Superintendent, Monmouth County Mosquito Commission from Dr. Mark Robson, Professor and Dean of Agriculture and Urban Programs, Rutgers University. Re: Participation in a pilot project to evaluate, standardize and assist county mosquito surveillance programs. 8/3/10 Copied letter to Dennis Mahoney, Supervisor, Salem County Mosquito Commission from Dr. Mark Robson, Professor and Dean of Agriculture and Urban Programs, Rutgers University. Re: Participation in a pilot project to evaluate, standardize and assist county mosquito surveillance programs. 8/3/10 Copied letter to Paul McCall, Somerset County Mosquito Control from Dr. Mark Robson, Professor and Dean of Agriculture and Urban Programs, Rutgers University. Re: Participation in a pilot project to evaluate, standardize and assist county mosquito surveillance programs. 8/3/10 Memo to Amy Cradic, Ass't. Commissioner, NHR, NJDEP from Robert Kent. Ref.: Spending Plans documents for the fiscal year 2011. 8/5/10 Memo to the Equipment Committee from Claudia O'Malley, Technical Advisor. Ref.: Items for consideration at the August meeting. 8/9/10 Letter to Dennis Mahoney, Supervisor, Salem County Mosquito Commission from Robert Kent, Secretary. Ref.: Annual equipment use agreement for the fiscal year 2011. 8/9//10 Letter from Robert Kent, Secretary to the Honorable Kim Guadagno, Secretary of State. Ref: August 17 meeting announcement. 2

8/9/10 Memo from Robert Kent, Secretary to Commissioners. Ref: August 17 meeting announcement. 8/10/10 Copy of letter to Dr. Mark Robson., Dean of Agriculture and Urban Programs, Rutgers University from Douglas Guthrie, Superintendent Monmouth County Mosquito Commission. Ref.: Response to Dr. Robson's correspondence about the pilot surveillance assistance project. 8/12/10 Copy of letter to Dr. Mark Robson., Dean of Agriculture and Urban Programs, Rutgers University from James Cobb, Chairman, Salem County Mosquito Commission. Ref.: Response to Dr. Robson's correspondence about the pilot surveillance assistance project. FINANCIAL STATEMENT The Secretary distributed the first report for the fiscal year 2010-11. The substance of the report was reviewed including the new line-item for the surveillance quality control and assurance contract with Rutgers. Mr. Kent noted that operations and associated expenses continue as the season transitions to a new fiscal year. Mr. Kent added that a temporary services contract order for secretarial help for the Office of Mosquito Control Coordination has been approved. There was further explanation with regard to how the state fiscal system operates and how the Office of Mosquito Control Coordination and the State Commission budgets relate in the Department of Environmental Protection. The Department of Treasury has already put into reserve funds necessary for the purchase of important commodities such as insecticides. This act could jeopardize the ability to respond to immediate mosquito populations. Mr. Kent has appealed this action and asked for the release of those finds. He also explained the transaction associated with the carry-forward of funds from previous fiscal years. Commissioner Surmay asked about the work-load of the temporary services secretary and if benefits were included. The individual will be a contract employee (no state benefits). The Chairman asked for approval of the new fiscal year financial statement. Commissioner Surmay moved and Dr.Van Orden seconded such a motion. All members approved. REPORT FROM THE SECRETARY The Secretary reviewed several documents that he distributed. Included were: the final report of the "Efficacy of Insecticides" contract; the monthly AMCA newsletter; the AMCA "Legislative Report"; and a copy of a news article about Dengue and the outbreak in Florida (provided by Dr. Jack Petersen, Florida A&M University via Mr. Crans). A CDC warning from Dr. Van Orden was transmitted to members via the Office of Mosquito Control Coordination. Also sent electronically was an article reviewing the efforts of Senators Udall and Bennet who are attempting to restore the CDC funds earmarked for elimination in the President's next budget. The Secretary also reviewed the purchasing and procurement process that will be required in the Department for the next 18 months. A list of all potential purchases of significance was assembled and submitted i.e. heavy equipment. The Secretary announced that Burlington County has moved their mosquito control operations from the Highway Department to the Health Department. He and Mrs. Semple will be meeting with the Health Director there. An article in the "Burlington County Times" reviewed the issue regarding the deposition of Delaware River dredge spoil into Burlington, Salem and Gloucester counties. Mr. Kent also announced that 3

Essex County has appointed Eric Willeges (formerly of Mercer County Mosquito Control) as their new Superintendent. Sussex County has still not replaced their Superintendent. There were several questions regarding purchasing of equipment and facilities. The pesticide storage shed, which is a capital construction project, is underway. REPORT FROM THE TECHNICAL ADVISOR Mrs. O'Malley distributed her report. She noted that the Airspray Program portion is incomplete due to activity performed after it s preparation. There are operations which have taken place in the last two days. The lunar tides have caused significant development of larvae in Atlantic County resulting in further aerial operations. Cumberland County has experienced flooding as well. Mrs. O'Malley noted that the new moon tides, rather than the full moon tides have created the most significant problems. She continued her report by stating that the AirTractor ( a fixedwing airplane) was calibrated for adulticides earlier in the month. Another aerial application of spinosad was performed as an evaluation trial; the results were excellent control (100 percent reduction in 24 hours) without non-target impacts. Two thousand Gambusia were distributed to Mercer County. To date over 91,000 fish have been distributed in twelve different counties. The Technical Advisor and the Secretary met with Essex County Superintendent Eric Williges on August 6; Mrs. O'Malley expressed her confidence in the future direction that the county program will follow. COMMITTEE REPORTS Legislative- Mr. Surmay reported on legislation related to liberalizing FIFRA via the Clean Water Act. Such legislation would remove any further requirements for a permit to apply pesticides if FIFRA is complied with. Mr. Surmay further commented on how local agencies are licensing tire distributors in order to remove their waste as a sanitation issue. Mr. Emerson asked about the information coming from the American Mosquito Control Association regarding support for the companion bills introduced which will result in FIFRA being the dictating Act which regulates insecticide applications. There was discussion with regard to the timing of a State Mosquito Commission response in support of these bills. The Secretary noted that supporting correspondence to congressional delegates can be prepared. As congress is presently in recess and the Commission Legislative Committee only recently obtained these bills, it was decided to consider such correspondence at the September meeting. Equipment Dr. Bruder had three items to consider. The Salem County Mosquito Commission has surrendered a long reach hydraulic excavator which makes that equipment available for transfer. Hudson County has performed minor repairs on the state-owned insecticide sprayer. There is a request from Dr. Brattsen to purchase an oven to be use in the laboratory to sanitize glassware. As there is only one committee member present, Dr. Bruder recommended no action until the entire committee can meet to consider the request. The cost of the over would be $1,946 plus shipping. Dr. Bruder reminded the members of the minimum cost threshold of $2,500 for the purchase of equipment. Research and Development No report Budget Dr. Bruder noted that the committee met after last month's general business meeting. The committee will investigate in more detail the level of funding of all programs in light of the reduced level of funding in this year's budget. Dr. Bruder repeated that the state appropriation is $1.3 million; $64,000 less than last year. The operations will depend on carry-forward funds from prior fiscal years. Dr. Van Orden asked for clarification associated with the action of having 4

funds placed into a "reserved" status. Mr. Kent explained that, while such funds have not been swept out of the account altogether, they have been reserved from the spending process until released by the Department of Treasury for justifiable purposes such as purchasing of supplies i.e. insecticides. The Secretary explained the purchasing process and how he has appealed the reservation of these funds in order to purchase much needed insecticides. Mrs. O'Malley described the urgency of purchasing insecticides as soon as possible in view of the current mosquito populations and the status of West Nile Virus in the resident insect population. After a discussion regarding the bureaucracy involved in this process and the subsequent problems that would result if the Secretary's appeal is not acted on swiftly, the suggestion of preparing a letter protesting this policy and it's impact on the ability of the Commission's operations to function was considered. Dr. Van Order moved and Mr. Emerson seconded a motion to compose such correspondence for the Chairman's signature, to be sent to the NJDEP Ass't. Commissioner of Financial Management, NJDEP Commissioner Martin, the Commissioner of the Department of Treasury and Governor Christie. After considerable discussion, the motion passed with Mr. Surmay dissenting. Public Relations No report. DEPARTMENT OF HEALTH & SENIOR SERVICES The Secretary reported for Mrs. Semple that there is West Nile virus activity in the human population in New York. Massachusetts reported a case of Eastern Equine encephalitis (that may have been infected in Rhode Island). The use of birds (crows specifically) as the primary WNV sentinel was discussed at the recent Vector-Borne Working Group meeting. The group determined that it is appropriate to open up testing of all species of birds (other than certain waterfowl) reported as dead where WNV is suspected. There was input from Dr. Reed and others on this topic. Mrs. Semple also has been communicating with epidemiologists in the northeastern states and reports in the media have been offered which indicate as many as 17 human cases. This is a result of the difference in the definition used by states to define what constitutes a "confirmed" case. There are no human WNV cases in NJ at this time. DEPARTMENT OF AGRICULTURE No report. NEW JERSEY AGRICULTURAL EXPERIMENT STATION Dr. Reed reported that as of August 16 there have been 7 positive pooled specimens of mosquitoes with EEE; 6 from resting box collections of Culiseta melanura and one Culex erraticus. The latter species is an important bridge vector in the southern states. Last year populations of this species were quite high; this year (other than in Cape May County) the numbers collected are lower. With regard to WNV, Her weekly distributed report states that there have been 318 positive pools as of August 16.. This number is far less than last year at this point in time. Most positive pools (231) involve the Culex complex. Five Culiseta melanura pools are positive; 3 in Aedes albopictus; one of which was collected in Atlantic County and two in Union County. Overall mosquito populations are low in the state perhaps due to the drought. Mr. Crans reported on training initiatives. There was a biologists meeting on the 10 th of the month and another is scheduled for November 19. Dr. Jack Peterson will be participating in an insecticide management workshop focusing on larval bio-assay techniques in October. 5

ASSOCIATED EXECUTIVES OF MOSQUITO CONTROL WORK IN NEW JERSEY Mr. Rainey noted the next meeting will be held on September 1 at Monmouth County. Most counties are reporting concern about the status of WNV in the mosquito population. The organization will also respond to the legislative issue around the Clean Water Act and the developing NJPDES permits. He expressed concerns that the approved limits on a permit might restrict the holder from adjusting application rates, for example, if necessary to do so. Mr. Kent reminded Mr. Rainey that he has asked the organization to send him comments and concerns in order for them to be addressed by the DEP working committee which is developing the state permit. So far no such comments have been offered. If issues are addressed one-by-one, they can be dealt with prior to a public comment period, for example. Mr. Rainey expressed the point that the federal document is very complicated. There was extended discussion the subject. DAG Schuitt asked for clarification with regard to the composition of the DEP working committee. This and the process that the group is going through were reviewed by the Secretary. Mr. Schuitt emphasized the point that a public comment period will occur and whatever input can be offered prior to that will be valuable. Dr. Meyer urged individuals to submit comments to the group working on the permit prior to the comment period in order to address issues during it's development. OLD BUSINESS None NEW BUSINESS Mr. Emerson inquired about the letters that the Commission was copied on from two counties to Dr. Robson concerning the topic of the surveillance quality assurance project. As they were only received yesterday afternoon that have not yet been forwarded to the Chair or an appropriate committee. It was suggested that they be discussed at next month's meeting. It was unknown if Dr. Robson had seen the correspondence yet as well. There was extended discussion on the matter involving many of those in attendance. COMMENTS FROM THE GENERAL PUBLIC None. ADJOURNMENT The meeting was adjourned at 11:37 a.m. 6