Rejected! Hopatcong Spurns Health Board

Hopatcong's council has rejected an offer from the borough's board of health to end its lawsuit in exchange for a pair of demands.

In a letter dated Monday, board attorney Phillip George of Eric M. Bernstein & Associates said his client would withdraw the lawsuit if the council agreed to keep the seven-member board public-run, with four residents and three council members, and to pay the board's legal fees regarding the lawsuit.

Borough attorney John Ursin of Courter Kobert & Cohen shot back in a letter to George Tuesday, saying the council would only consider an unconditional withdrawal.

"I believe the Mayor and Council will view it as an act of good faith," Ursin wrote in the letter.

The b in March, alleging it broke state laws when it created an ordinance that assumed the board's power of appointing health department employees.

The council replied in late-April, , replacing the previous law; that the board didn't legally have the right to sue the council, anyway; and that the meeting during which the board voted to allow its chairman, Mariano Gianni, to seek legal action against the council, wasn't properly advertised and, thus, invalid.

On Monday, the board of health's attorney said Gianni believed a board with a public majority would be "more representative of the community with Borough Council membership limited to three" council members.

George also said a council-run board of health would raise ethical questions and asked that the "Borough should provide the allocation for fees to he Board of Health to the point of filing the Complaint."

Ursin didn't mince words in his reply.

"The Mayor and Council are very upset that [Gianni] made this decision," Ursin said in the letter. "It has been a tragic waste of time and taxpayer money under the circumstances."

The fallout from deteriorating relations between the board of health and council since earlier in the year has been far-reaching.

Councilwoman Estelle Klein, a council liaison to the board,  despite several board of health members saying they weren't on board with it.

And Gianni and board vice president Thomas Forbes each  in June's Republican primary, opposing incumbents Richard Bunce and Marie Galate. Gianni and Forbes each also said they wouldn't seek new board of health terms after their current terms expire in in December.

In addition to announcing the board of health would eventually become council-run once current resident terms end, Petillo announced the creation of a health advisory committee, charged with community health outreach but without the lawmaking power of the board of health.

The council seeks applicants to the health advisory committee.