Board of Health Minutes from 4/21/2011

Kenilworth Board of Health

�575 Boulevard

Kenilworth, NJ, 07033

(908)-276-2740

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Minutes of the April 21, 2011

The regular meeting of the Board of Health was called to order at 7:05 pm. by President Randy Moscaritolo 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�� PRESENT

Carla Gabriel�� PRESENT

Dr. Jerome Forman� ��PRESENT

Trudy Neuhauser�� PRESENT

Jeanine Pentz�� PRESENT

Thomas Pugliese�� PRESENT

Adina Lee�� PRESENT

�Susan Ryan�� ABSENT��

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Liaison Scott Klinder, Health Officer Ferraioli and REHS Elmer Cardenas were present for this evening�s meeting.� �

A motion was made by Commissioner Pentz and seconded by Commissioner Pugliese to accept the regular minutes of the previous meeting.� All in favor.

The monthly reports were discussed, approved and carried on motion by Vice President Gabriel and seconded by Commissioner Pentz.� All in favor.

The monthly income and expenses for April: Income:� $7,979.00 and

Expenses: ��$1,465.68

A motion was made by Commissioner Pentz and seconded by Commissioner Pugliese to approve the finance report and pay the current bills.� Motion carried on roll call as follows:��

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�Randy Moscaritolo� ��AYE

Dr. Jerome Forman�� AYE��

Jeanine Pentz�� AYE��

Trudy Neuhauser�� AYE

Thomas Pugliese�� AYE

Carla Gabriel�� AYE ��

Adina Lee�� ABSENT

Susan Ryan�� ABSENT

Correspondence:�

A memo from Robert Ordway in regard to the New Public Access Channel was discussed.�� This memo informed the Board that a new Public Access Channel is available.� It is Channel 45 on Verizon Fios.�� The Health Officer stated that it does list the Board of Health meetings and all meetings and events in the Borough.�� The Counsel Liaison stated this is only on Verizon Fios, Comcast does not want to supply the Borough another channel since the Board of Education already has one, but negotiations are still ongoing.

The next item discussed was a memo from Mr. Ordway in regard to the time taken by employees.� Attached was as form to be filled out and returned to Mr. Ordway monthly. �After a discussion, a motion was made by Dr. Forman and seconded by Commissioner Pugliese that this be tabled until the next meeting in order for the Health Officer to speak to the Borough Clerk and find out the exact way time is handled by their office.

Motion carried on a roll call as follows:

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Randy Moscaritolo� ��AYE

Dr. Jerome Forman�� AYE��

Jeanine Pentz�� AYE��

Trudy Neuhauser�� AYE

Thomas Pugliese�� AYE

Carla Gabriel�� AYE ��

Adina Lee�� ABSENT

Susan Ryan�� ABSENT

The next piece of correspondence discussed was a letter received from the New Jersey Environmental Health Association.� It was a thank you letter to Elmer Cardenas, REHS, thanking him for the excellent job done helping out at the Conference as a volunteer.� The secretary read the letter to the Board.

A letter from Kenilworth Little League requesting a waiver of the license fee was read and discussed.� A motion was made by Commission Neuhauser and seconded by Vice President Gabriel that the waiver be denied.

Motion carried on a roll call as follows:

Randy Moscari tolo� ��AYE

Dr. Jerome Forman�� AYE��

Jeanine Pentz�� AYE��

Trudy Neuhauser�� AYE

Thomas Pugliese�� AYE

Carla Gabriel�� AYE ��

Adina Lee�� ABSENT

Susan Ryan�� ABSENT

The last piece of correspondence discussed was the NJLBHA Membership letter and application.�� It was decided by the Board not to join this Association.

Old Business:

In regard to the rabies clinic held on March 20, 2011, the Health Officer stated that there were a total of 41 animals vaccinated.� There were 18 dogs and 3 cats from Kenilworth,

10 dogs and 3 cats from Union, 2 dogs from Garwood, 1 from Elizabeth, 1 from Cranford and 1 cat from Roselle Park and 1 dog and 1 cat from Roselle.

The REHS apologized for missing the last meeting and stated that he would make sure that it would not happen again.� He then explained that he was attending a Seminar at UMDNJ and thought that he would need to change his lunch to leave early, but he realized he did not need to do this.

The REHS discussed the findings of his inspection at 118 North 22^nd Street.�� He said entrance was requested because on his first visit he noticed a putrid smell coming from inside the house.� After the court case, the Judge asked that owner to grant entrance to the Inspector.� �The REHS stated that in a phone conversation with Ms. Borsellino she said the smell was from her dog that was dying and that she was going to have the dog put down the following weekend.�� When the REHS went in, he confirmed this was done. �He stated that upon inspection the house was clean with no odor.� Nothing was found other than clutter.�� There was an inhabited room which contained a motorcycle.� The Inspector advised Mrs. Borsellino of the hazards of gas and emissions inside the home.� She did not seem concerned. A report was sent to her.�� The Health Officer stated that this was a problem wherein neighbors complained about the outside of the property and the case was brought into Municipal Court by Mr. Herbert who violated it under the Property Maintenance Code. He asked us to join in with him because historically Notices have been given to this property owner and ignored.�� The Health Officer was asked to go to court to provide testimony; however, this could not be done because he had not been inside.� When the Judge realized that this had been an ongoing situation, he agreed that he would ask the owner to allow the inspector entrance.� The Judge stated that the Board of Health would have 24 hours to make arrangements to enter and this was done.� He said the house was not unsanitary, but disheveled. There was not much more that could be done as for the inside of the property.

The REHS then spoke about 146 North 20^th Street, in which he stated that it started as a complaint of mold and maintenance from the tenants.�� When the REHS inspected the premises he noticed a few tiles missing from behind the toilet and a little bit of water filtration on the wall, but it was not mold.�� He stated that it seemed that there were issues ongoing between the tenant and the owner.� The REHS stated that he informed the owner of the problem.�� The owner stated he tried to enter the premises several times, but there were arguments, fights, cops called in, and windows broken.� The tenants moved out, and the owner was given two weeks after the tenants moved out to fix the problems, which he did. This was confirmed by the REHS.�� The Health Officer stated that the tenant complained that the mold had created somewhat of a problem for her child.�� The Health Officer said that from the pictures the REHS took, it looked like it was not mold but the bleeding through of the plaster; however, there was water damage.�� The REHS indicated, to the owner the he needed to take care of the water damage first and then take care of the interior which was done.

The Court Disposition of I Love Bagels was then discussed by the REHS.� He stated that I Love Bagels was found in violation of Kenilworth Borough Code 212.10.2 and l0.3 with respect to the grease interceptors.�� He said they were issued five summonses, to which the defendant pled not guilty. �On Tuesday, April 5, the Prosecutor made arrangements for the defendant to drop one of the charges and pay a fine of $250 for each of the other four summonses.� Judge Vitale acknowledged grease trap maintenance records presented by the defendant, which were dated the day after the summonses were issued, and as a result of this two more charges were dropped.�� He said the Judge considered that the documentation provided evidenced the change in behavior and compliance to the code after giving the summonses.�� The last two summonses referenced part of the same section of the ordinance, therefore the judge merged them.� The case resulted with one guilty charge and a fine of $250.00 plus court fees.� The Health Officer stated that what he had hoped for in this particular case was to obtain guilty pleas and then offer them a settlement of reducing the fine but having the defendant reimburse the Borough for the cleaning of the sewers. A discussion was then held in regard to getting the amount the Borough pays for the sewer cleaning and being able to charge the violators that amount in the future.

The Health Officer then spoke about the different food facilities that had submitted plans.� The first facility he spoke about was The Other Side of Town Deli.�� He stated they submitted plans but they were insufficient.�� The plans were returned to them with a letter indicating that they need to provide us with additional information.�� To date we have not heard from them.

The next food facility discussed was La Campagnola.�� The Health Officer stated that the owner is going through the process of cleaning and redecorating. He has not requested his final inspection.

Sweet Things Candy was discussed by the Health Officer.�� He stated that this store has opened.

The Candy Store which was to be named, the Health Officer then spoke about the candy store that was to be named which is located on 20^th Street.� He stated that plans were asked for and the proprietor did not want to hear anything about it. She told the Health Officer to shred her application.� She stated that Mr. Papparato told her she did not need plans.� The Health Officer spoke to Mr. Papparatto and told him to work it out with his tenant and that he did not shred her application.� He told him when they were ready a meeting would be set up.�� To date, this has not been done.

New Business:

The Board of Health Members� Financial Disclosures were handed for them to fill out and send it.

The Health Officer then discussed the Kenilworth Senior Citizen�s Grant. �He stated there was a little problem that he wanted the Board to be aware of.�� He said the amount of money provided by the Community Block Grant from the County was short by approximately $104. Because the Grant from the County runs on a fiscal year we were able to deduct that money from last year�s budget. This covered the first quarter of the grant. The County could not understand why we were using two different account numbers. ��The Health Officer said that this was explained to them, but that he also needed to prepare an email and explain in detail what was done and why.� As of the last conversation he had with the County, he feels they do understand what was done.� The Health officer stated he just wanted the Board to be aware of this in case problems or questions arise in the future.

Health Officer Ferraioli spoke about 3 or 4 complaints received in reference to strep at Harding School.� �He said this is above the amount we usually receive, but that the calls are from parents, not physicians. If the strep throat is invasive strep, then the office would be notified. �If a strep culture is done, it is not reported to the Board.� �The Health Officer stated that he called the school and spoke to the nurse. �The nurse said that the problem is when parents call the school they just report their child is ill and not what is wrong. ��She has no idea why they are out or what medication they have been on so she really can�t take any type of action to monitor hygiene.�� The Health Officer said that he sent her information and suggested that the school check into the way reporting comes into the school when a child is out and take it a step further. ��He suggested to the nurse to look at the question of surveillance and come up with something that fits the school in order to better handle the situation.�

The Health Officer then informed the Board that a report was received from the hospital about a case Salmonella in the Borough.�� Both a husband and a wife had it, but the husband, who had it first, did not seek treatment.� The wife sought treatment and when stool cultures were done, they found she had salmonella.� When this was investigated, the husband and wife were both well. ��We were unable to determine the source of the salmonella. ��He stated fortunately neither of them work handling food or with children so it has been contained.� �Health Officer Ferraioli said that REHS did a very nice job doing a Field Epidemiology.

In regard to the food facility Inspections, all were satisfactory except for the Cuban Rose.� The REHS stated that on March 29, 2011, he conducted an inspection of the Cuban Rose which rendered it unsanitary and immediate closure was required. He stated that the general cleanliness was not good. The REHS continued, that it was agreed that upon abatement of the most serious violations, they would be allowed to reopen on a conditional and once everything was corrected, they would be given a satisfactory.� On April 11, 2011 all violations were removed and a Satisfactory given.�� The President questioned whether the inspector would return to insure they are keeping the restaurant in satisfactory condition.� The Health Inspector confirmed that would be done.

The secretary�s request for one day off for her son�s college graduation was discussed and approved.

Commissioner�s Reports:�� None

The Health Officer stated that he spoke to the Chief of Police about a Local Emergency Planning Committee meeting.�� He stated we did have some funding and he wanted to see if we could update our POD plan.�� He stated he would like to set up a meeting.

Liaisons Report:

Liaison Klinder informed the Board that Merck has filed an appeal of their taxes.� He said if they win their appeal, the Borough would have to pick up the full amount that their taxes had been reduced.� He said Merck did win in Rahway, and if they win in Kenilworth it would be a substantial amount of money the town would have to pick up the first year.

Opened meeting to the public at 8:09 p.m.

Closed meeting to public 8:09 p.m.

The President questioned the letter, in regard to Ann Marie Rice, that the Health Officer presented to the Board.�� The Health Officer stated that it was not on the agenda, but that he wrote the letter after receiving a complaint. �A discussion followed.�� It was decided, by the Board, to send the letter to Ms. Rice.�

A motion was made by Commissioner Neuhauser and seconded by Commissioner Pugliese to adjourn the meeting at 8:17 p.m.

Next scheduled meeting will be May 19, 2011 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