Board of Health Minutes from 10/21/2010
 

Kenilworth Board of Health

 575 Boulevard

Kenilworth, NJ, 07033

(908)-276-2740

                                                               

Minutes of the October 21st Meeting

The regular meeting of the Board of Health was called to order at 7:02 P.M. by Vice President Carla Gabriel who announced that the meeting was being held in conformance with the Open Public Meeting Act.  Sunshine law was read.

On roll call the following members responded as follows:

Randy Moscaritolo                 ABSENT                                                                    Carla Gabriel                           PRESENT
Dr. Jerome Forman                 PRESENT
Trudy Neuhauser                    PRESENT 
Jeanine Pentz                          PRESENT
Thomas Pugliese                     ABSENT
Adina Lee                               ABSENT

Liaison Scott Klinder, Health Officer Ferraioli and REHS Weinberg were present for this evenings meeting. 

A motion was made by Commissioner Pentz and seconded by Commissioner Neuhauser

to accept the regular minutes of the previous meeting.  All in favor.

The monthly reports were discussed, approved and carried on motion by Commissioner Pentz and seconded by Commissioner Neuhsauer.  All in favor.

The monthly income and expenses for August: Income:  $638.00  Expenses:  $1930.80

A motion was made by Commissioner Pentz and seconded by Commissioner Neuhauser to approve the finance report and pay the current bills.

Motion carried on roll call as follows:

Randy Moscaritolo                 ABSENT                                                                    Carla Gabriel                           AYE
Dr. Jerome Forman                 AYE
Trudy Neuhauser                    AYE
Jeanine Pentz                          AYE
Thomas Pugliese                     ABSENT
Adina Lee                               ABSENT

Correspondence: 

None 

Old Business:

Jessica Weinberg stated that in reference to the septic violation at 157 Sumner Avenue, Mr. Papparato pled not guilty. The court date which was scheduled for October 18, 2010 was cancelled and his trial date is set for December 6, 2010.

The court date for Mr. Ron Mamola (Dangerous Dog), which was scheduled for October 18, 2010 has been rescheduled for November 8, 2010.

New Business:

Health Officer Ferraioli introduced for 1st reading, an Amendment to Chapter 212-Article I and Article XIII, which was discussed last month.  This Ordinance amends the licensing requirements for food facilities so that the licenses of the establishments are consistent with State Regulation NJAC Title 8, Chapter 24 for risk type.   The corresponding fees are set according to risk.  Health Officer Ferraioli read the Amendment to Chapter 212-Article I and Article XIII.  A discussion followed.    Dr. Forman questioned whether this is what the State wants us to do.  Health Officer Ferraioli stated that this is what we need to do to be consistent with state regulations.  He said that right now our fees are not in line with the risk types of establishments.  Our fees are now based on square footage as opposed to risk type.

A motion was made by Commissioner Gabriel and seconded by Commissioner Pentz to open the discussion of the proposed ordinance to the public at 7:16 P.M.  All were in Favor

No comments from the public were made.

A motion was made by Commissioner Neuhauser and Seconded Commissioner Pentz to close the meeting to the public at 7:17 P.M.  

                                   

A motion was made by Commissioner Forman and seconded by Commissioner Pentz calling for the Board to accept the amendment to Kenilworth Board of Health Ordinance Chapter 212, Article I, Section 212-3 and Article XIII, Section 212-26. 

Motion carried on a roll call as follows:

                                   

Randy Moscaritolo                 ABSENT                                                                    Carla Gabriel                           AYE
Dr. Jerome Forman                 AYE
Trudy Neuhauser                    AYE
Jeanine Pentz                          AYE
Thomas Pugliese                     ABSENT
Adina Lee                               ABSENT

Approval of the Latimore TB Agreement was discussed next.  Health Officer Ferraioli stated that every year we get an update on the cost of our TB services from Latimore.  They look at previous years in order to determine what the present year is going to cost.   The indication is that the cost for Kenilworth will remain $1,000.00 or $250.00 a quarter.  The level of services and type of services provided are the same. The fees that we need to expend will remain the same.   This is an addendum to the original agreement which needs to be signed for 2010.  These are the services for active TB cases, not for contacts.

 A motion was made by Commissioner Pentz and seconded by Dr. Forman to accept the contract for the Latimore TB agreement. 

Motion carried on a roll call as follows:

Randy Moscaritolo                 ABSENT                                                                    Carla Gabriel                           AYE
Dr. Jerome Forman                 AYE
Trudy Neuhauser                    AYE
Jeanine Pentz                          AYE
Thomas Pugliese                     ABSENT
Adina Lee                               ABSENT

The Year 37 Community Development Grant Application was discussed.   The Health Officer stated that we are required to complete our section of the application, and then the Governing Body will pass on the entire grant, which would include our section.  Liaison Scott Klinder said that the check will be made out to the Borough.   All agreed that we just need to fill out our section and give it to the borough.

In regard to the Contract for Animal Control Services for 2011, this contract was passed by the Governing Body and the contract we received is for our records.   A discussion followed regarding animal cruelty which is not included in the contract.  It was stated by Liaison Scott Klinder that the police department would get the initial call in the case of animal cruelty.  Health Officer Ferraioli stated that according to state law whichever agency enforces an animal cruelty charge should receive one half of the money paid in fines and fees.  The other half of the payment would go to the ASPCA.  If our police department responds, they could be recapturing some funding.   If Associated responds, we should somehow be made aware of this and the money could go back to our cost for their services.  Health Officer Ferraioli stated that this might be something the governing body could explore since this is a governing body approved document.

Jessica Weinberg asked for approval for release of the checks for the Board of Health members that worked at the Health Fair. A motion was made by Commissioner Neuhauser and seconded by Dr. Forman to release the payment to the Health Fair volunteers.  

Motion carried on a roll call as follows:

Randy Moscaritolo                 ABSENT                                                                    Carla Gabriel                           AYE
Dr. Jerome Forman                 AYE
Trudy Neuhauser                    AYE
Jeanine Pentz                          AYE
Thomas Pugliese                     ABSENT
Adina Lee                               ABSENT

Liaison Klinder questioned if we were making a donation to St. Theresa’s for all they did to help make our Health Fair a success.  Dr. Forman stated this should be done out of private funds and not out of our budget.  It was decided to do it with a letter and a check. Dr. Forman requested a T & L statement before deciding upon the donation.  Health Officer Ferraioli reported that there were 132 people who received blood work this year.  He stated in general there were more people who attended this year.    Jessica said she will get the lab bill by the end of this month and then she would subtract that amount and see what the balance is in the Health Fair Fund.  Dr. Forman felt we should wait until next month when we see the T & L statement and what is left in the account before we decide on the amount to be donated.  It was agreed that a decision will be made at the November meeting.

In terms of the letters of appreciation which are usually sent out to the volunteers, Dr. Forman stated that he felt that the sponsors, donors and vendors should also get a letter.   Commissioner Neuhauser said that a general letter, sent to the Senior Citizen’s Center would be appropriate for the volunteers because they were all seniors.   Jessica Weinberg said that the only extra letter to be sent would be to Lisa Wood’s grandson, along with a gift card. Health Officer Ferraioli felt a letter of appreciation should also be sent to School Superintendent Hershey for allowing us to use the high school for the flu program.

A discussion regarding the flu clinics was held. The first clinic was on September 29, 2010 at the Senior Citizens Center.  At that clinic 202 immunizations were given out.   The second Flu Clinic was held on October 14, 2009.  The turnout was not good due to the weather and the fact this clinic was not publicized enough.  There were only 29 people immunized there.  On October 29, 2010, 48 shots were given out at Flexi Van.   In total, 279 flu shots were given out this year in Kenilworth.  There is one more program to be held on the 13th of November at the YMCA in Union from 1 to 4.  This will be advertised by the Y.

Jessica Weinberg reported that a go-ahead was given by the Health Officer on the plans for the construction and renovation of 500 Boulevard which is to be called the Backyard Grill.  Also, a go ahead for construction and/or renovation on 506 Boulevard, which is going to be Jimmy Buff’s, was also given.

The last item on the agenda which was discussed was the grease trap problem on Market Street. The Health Officer reported that last year an extensive investigation was done and the contributors to this problem are basically along Federal Way, down the side street by La Griglia, out to the Boulevard, then down Market Street.   When the investigation was done, Notices of the Violation were given out and the problem abated.  The problem is now starting up again.   Health Officer Ferraioli made up a list of six common violations that Jessica will check out and all establishments found to be in violation, summonses will be issued.  The Health Officer stated the problem is ongoing.  Notices of Violations are given out and then six months later the same problem is back again. .  He said that the problem is when the businesses see a lot of grease in the trap, they turn on hot water which softens the grease, it then flows down into the street, as it goes down it cools and coagulates, mixes with other sewage and backs up the sewer.  The DPW had to hire an outside contractor to vacuum out the sewers.  Jessica will check out the establishments and if they are not taking care of what they are supposed to do according to ordinance, summons will be issued.  If they are found guilty in court we will ask each one of those establishments to contribute to the cost for the clean up, as part of the settlement.   They will have to divide it amongst themselves.

If this problem continues, each and every day we find a problem, summonses will be issued.  Dr. Forman asked if we would be able to tell who is doing this, by inspection.  The Health Officer said if they are in violation of the code when we inspect them, then they contribute to the problem and will be summoned. He continued we are not going to try to prove that they caused the problem; we are going to prove they are not following the ordinance.  If they aren’t, then it stands to reason they are contributing to the problem.   Dr. Forman questioned the amount of the fines. The Health Officer stated the fines are anywhere from $100 which is the minimal amount to $1250 which is the maximum amount.  It is up to the discretion of the judge as to what they are fined.  He said if a pretrial settlement is done, we can ask the judge not to fine them, but to make them pay whatever the costs of the clean up of the sewer were and that would be divided between them

Commissioners Report: 

None

Liaisons Report:

The Street Fair is Sunday, October 24, 2010.

The Taste of Kenilworth will be Tuesday, November 9, 2010.

Liaison Scott Klinder questioned what was going on with Anne Marie Rice and the dog situation.  Jessica Weinberg stated she received an e-mail wherein owners were complaining about puppies received from Ms. Rice.   The Health Officer stated that it appears that Ms. Rice is using the umbrella of a rescue operation to hide the operation of selling puppies.  He said it has become a game.  When the pressure is on she moves somewhere else.  He stated we should go to her house with the Building Department and check for both zoning and health violations.  She is in violation of the ordinance in terms of the numbers of animals.  She will be in violation of the regulations, but she will claim she is a rescue; however, if there are complaints that people have paid for these animals than this is not a rescue.  The Officer stated legal action should be taken but we would need the assistance of our attorney because a search warrant might be needed.  Liaison Klinder said he would speak to him.  The Health Officer also said he would call him.

Opened meeting to the public at 7:54 P.M.

Closed meeting to the public 7:54 P.M.

A motion was made by Commissioner Neuhauser and seconded by Commissioner Pentz to adjourn the meeting at 7:54 p.m.

Next scheduled meeting will be on November 18th at 7:00 p.m.

Reviewed for Content and Form:

John J. Ferraioli , H.O.

Director/Health Officer

Submitted by:

Karen Kizelevich

Board Secretary/Clerk Typist

                                   



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