REGULAR MEETING OF THE BLOOMFIELD BOARD OF HEALTH DECEMBER 20, 2012

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1 REGULAR MEETING OF THE BLOOMFIELD BOARD OF HEALTH DECEMBER 20, 2012 A of the Bloomfield Board of Health, as established by public record in The Bloomfield Life and posted on the Public Bulletin Board in the Municipal Building, was called to order on at 6:36p.m. in the Council Chambers of the Municipal Building. ROLL CALL President James McLaughlin showed the following members to be present: James McLaughlin, President Kathleen DeMarino, Vice President Joel Elkins, Member Stephanie Smith, Member Martha Felix, Member Peggy O Boyle Dunigan, Council Liaison Present Present Present Absent Present Present Also present: Karen Lore, Acting Director of Health & Human Services, and F. Michael Fitzpatrick, Health Officer. APPROVAL OF MINUTES The November 15, 2012 Regular Meeting minutes were approved on a motion by Joel Elkins and seconded by Kathleen DeMarino. None were opposed. PUBLIC COMMENT Prior to the commencement of the public comment period, the Board allowed Director Lore to read a statement requesting that complaints regarding specific employees be submitted to the Board in writing. She advised the Board and the public on the ongoing actions by some to defamation, slander and harass her and other staff. The following members of the public expressed their opinions, concerns, complaints and objection to policies and actions as it relates to the Board of Health and support was also voiced to allow Mr.Coltenback to adopt Memphis. 1. Mimi Michalski - Bloomfield, NJ 2. Melissa Pascucci Bloomfield, NJ 3. Alexandria Pascucci Bloomfield, NJ 4. Joan Szabo Bloomfield, NJ 5. Mary J. DiLorenzo Belleville, NJ 6. Pat Gilleran Bloomfield, NJ 1 of 12

2 7. Geoff Goff Bloomfield, NJ 8. Barbara Siegel Bloomfield, NJ 9. Beth Cruz Bloomfield, NJ 10. Jeff Coltenback Bloomfield, NJ LICENSES PENDING APPROVAL NOVEMBER 2012 The Board, on a motion by Joel Elkins, seconded by Kathleen DeMarino, unanimously approved the following licenses for the month of November: Pending Licenses November 2012 Trade Name Application Type Fee D & Y BLOOMFIELD BARBER SHOP 1 LLC BEAUTY/BAR SUPREME CUTZ BEAUTY/BAR MI PUEBLO 1 Restaurant G CENTER DRUGS Candy Counter 25 NOVEMBER COMMUNICATIONS The Board reviewed the communications that were received for the month of November. DIRECTOR OF HEALTH AND WELFARE NOVEMBER REPORT Director Lore did not have a report for the month of November NOVEMBER FINANCIAL REPORT The Board, on a motion by Kathleen DeMarino, seconded by Martha Felix, unanimously voted to approve the November Financial Report. COUNCIL LIAISON S REPORT No report. BOARD PRESIDENT S REPORT No report. UNFINISHED BUSINESS ORDINANCE AMENDMENT CHAPTER 630 MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENTS 2 nd Reading The Board, on a motion by Joel Elkins, seconded by Kathleen DeMarino, unanimously approved the following ordinance amendment on its first reading: 2 of 12

3 AN ORDINANCE TO AMEND CHAPTER 630 Massage, Bodywork and Somatic Therapy Establishments ; OF THE BOARD OF HEALTH OF THE TOWNSHIP OF BLOOMFIELD WITHIN THE TOWNSHIP OF BLOOMFIELD, ESSEX COUNTY, NEW JERSEY: BE IT ORDAINED, by the Board of Health of the Township of Bloomfield, New Jersey, as follows: Section 1. CHAPTER 630 et seq. of the Board of Health of the Township of Bloomfield is hereby amended to read as follows: Chapter 630. MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENTS [HISTORY: Adopted by the Bloomfield Board of Health Amendments noted where applicable. Subsequent amendments noted where applicable.] GENERAL REFERENCES Massage, bodywork and somatic therapy businesses See Ch [repealed Dec 2012] Licensing Fees See Ch Amended to remove reference to Township ordinance Ch Purpose. The purpose of this chapter is to protect and preserve the health, safety and welfare of the citizens of the Township of Bloomfield and the patrons of massage, bodywork and somatic therapy businesses Definitions. As used in this chapter, the following terms shall have the meanings indicated: MASSAGE AND BODYWORK THERAPIES Touching, including, but not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles; including the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external applications of herbal or topical preparations not classified as prescription drugs, movement and neuromyofacial education and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability. MASSAGE AND BODYWORK THERAPIST Any person who administers massage, bodywork or somatic therapies for any form of legal consideration. MASSAGE AND BODYWORK ESTABLISHMENT Any establishment wherein massage, bodywork and/or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any legal form of consideration Permits required. No person, firm or corporation shall perform massage, bodywork and or somatic therapies in the Township of Bloomfield unless or until there has been obtained all necessary permits for such establishment or premises and therapist from the Township of Bloomfield Board of Health in accordance with the terms and provisions of this chapter and Chapter 624 of the Code of the Township of Bloomfield Board of Health Application for Board of Health license. Any person requesting a massage, bodywork and somatic therapy establishment license from the Board of Health shall file a written application with the Health Officer upon a form to be furnished by the Health Officer Establishment license fee. 3 of 12

4 A. Every applicant for a license to operate or conduct a massage, bodywork and somatic therapy establishment shall submit a fee as set forth in Chapter 624 of the Code of the Township of Bloomfield. Said license fee shall be paid at the time application is made. Every license issued pursuant to this chapter shall expire at the end of the calendar year. The license fee shall not be prorated in the event that an application for a permit is made at any time after January 1 of any year. B. A renewal fee for all licenses shall be as set forth in Chapter 624 of the Code of the Township of Bloomfield Board of Health Establishment requirements: inspections. Each establishment must comply with each of the following minimum requirements: A. All massage tables, bathtubs, shower stalls, steam or bath areas and floors must have surfaces which may be readily disinfected and shall be maintained in a sanitary condition and regularly cleaned and disinfected. B. Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that a male and female patron has a concurrent or overlapping appointment for massage or bodywork therapies, then separate bathing, dressing, locker and massage room facilities shall be provided. C. The premises shall have adequate equipment for disinfecting and sterilizing nondisposal instruments and materials used in administering massage. Such nondisposable instruments and materials shall be disinfected after use on each patron. D. All employees, including massage, bodywork and/or somatic therapist, shall be clean and wear clean, nontransparent outer garments. E. All massage, bodywork and/or somatic therapy establishments shall be provided with clean laundered sheets and towels in sufficient quantity, which shall be laundered after each use thereof and stored in a sanitary manner. F. All walls, ceiling, floors, pools, showers, bathtubs, steam rooms and all other physical facilities and surfaces shall be in good repair and maintained in a clean and sanitary manner. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets and shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be kept dry, clean and sanitary. G. Oils, creams, lotions and other preparations used in administering massage, bodywork and/or somatic therapies shall be kept in clean closed containers or cabinets. H. Animals, except for Seeing Eye dogs, service animals such as guide dogs that are trained to assist an employee or other person who is handicapped, are controlled by the handicapped employee or person shall not be permitted in the massage work area. I. All employees and each massage, bodywork and/or somatic therapist shall wash his or her hands in hot running water, using proper soap or disinfectant before administering a massage, bodywork or somatic therapy to a patron Right to inspect premises/posting of Inspection Placard. The Department of Health may, from time to time, make inspections of each massage, bodywork and/or somatic therapy establishment granted a license under the provisions of this chapter for the purpose of determining whether the provisions of this chapter are being complied with. Such inspection shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner Display of license/permits. The massage, bodywork and/or somatic therapy establishment shall display its license, Inspection Placard as well as a therapist's permit of each and every massage, bodywork and/or somatic therapist employed in the establishment in an open and conspicuous place on the premises of the establishment. The massage, bodywork and/or somatic therapy establishment shall make available at the request of any client their most recent Health Department inspection results Suspension or revocation of license. 4 of 12

5 A. A license issued under this chapter may be immediately suspended for a period of not more than 30 days, pending a hearing to revoke the permit for any of the following causes: (1) Fraud, misrepresentation or false statement in the application for the license or any violation of this chapter. (2) Conducting the permitted business in the Township in an unlawful manner or in such manner as to constitute a menace to the health, safety or general welfare of the public. B. Notice of the hearing for the revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the licensee at his/her last known address at least five days prior to the date set for the hearing. Such notice shall contain a brief statement or the grounds to be relied upon for revoking the permit. At the hearing, the licensee shall have an opportunity to answer and be heard, and after due consideration, the permit may be revoked or the complaint may be dismissed. The Health Officer or Board of Health shall serve as the hearing officer or body for any hearings pursuant to this subsection Violations and penalties. In addition to the revocation or suspension of the license granted under this section, any person who violates any provision of this chapter shall be subject, upon conviction thereof, to a fine; for a first offense, not less than $250 or more than $500; for a second offense, not less than $500 or more than $1,000; and not less than $1,000 for a third and subsequent offense or to imprisonment for a term not exceeding 90 days, or to both such fine and imprisonment Effective date. [Added ] This ordinance shall become effective on June 24, All massage, bodywork and somatic therapy establishments operating prior to June 24, 2007, shall come into compliance with the provisions of this chapter no later than November 1, [Amended 12/20/2012] This amendment will become effective on January 1, Section 2. All ordinances inconsistent herewith are hereby repealed. Section 3. This ordinance shall take effect upon final passage and publication in accordance with the law. * * * ROLL CALL VOTE First Reading: November 15, 2012 Second Reading: Board Member Yes No Abstain Absent Yes No Abstain Absent J. McLaughlin K. DeMarino J. Elkins S. Smith M. Felix NEW BUSINESS 5 of 12

6 2013 Holiday Schedule The Board, on a motion by Joel Elkins, seconded by Kathleen De Marino, unanimously voted to approve the following resolution: R E S O L U T I O N DESIGNATING 2013 HOLIDAY SCHEDULE WHEREAS, the Board of Health of the Township of Bloomfield must establish a holiday schedule for noncontractual/non-unionized employees of the Board; and WHEREAS, the Board of Health is an independent and autonomous entity and because the Board must maintain the health safety and welfare of the residents of the town of Bloomfield; and WHEREAS, the Board of Health s full time rank-and-file employees are currently subject to a scope petition concerning union representation before the State of New Jersey Public Employment Relations Committee; and WHEREAS, the Board of Health has offices in the Township of Bloomfield s Municipal Building; and WHEREAS, the Board believes it is in its best interest for efficiency to maintain a similar holiday schedule as the Township of Bloomfield. NOW, THEREFORE, BE IT RESOLVED that the Board of Health of the Township of Bloomfield, New Jersey, does hereby designate the following as its 2013 Holiday Schedule for non-contractual/non-unionized employees of the Board: 2013 HOLIDAY SCHEDULE New Year s Day Martin Luther King, Jr. Day President s Day Good Friday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Floating Holiday Tuesday, January 1 st Monday, January 21 st Monday, February 18 th Friday, March 29 th Monday, May 27 th Thursday, July 4th Monday, September 2 rd Monday, October 14 th Monday, November 11 th Thursday, November 28 th Friday, November 29 th Tuesday, December 24 th Offices close at Noon Wednesday, December 25 th Taken at the discretion of employee and approved by their Department Head 2013 Meeting Schedule 6 of 12

7 The Board, on a motion by Joel Elkins, seconded by Kathleen De Marino, unanimously voted to approve the following resolution: RESOLUTION DESIGNATING THE TIMES, DATES AND LOCATIONS OF REGULAR MEETINGS OF THE BOARD OF HEALTH OF THE TOWNSHIP OF BLOOMFIELD, ESSEX COUNTY, NEW JERSEY PURSUANT TO THE OPEN PUBLIC MEETINGS LAW P.L. 1975, CHAPTER 231 WHEREAS, the Open Public Meetings Law, P.L. 1975, Chapter 231, requires that notice be given to the public of the times, dates and locations of all regular meetings of public bodies to which reference is made in said law; and WHEREAS, said law applies to the regular meetings of the Board of Health of the Township of Bloomfield, in the county of Essex, New Jersey. NOW, THEREFORE, BE IT RESOLVED by the Board of Health of the Township of Bloomfield, New Jersey, that the following are the dates of the regular meetings of the Board of Health of the Township of Bloomfield for the year 2013: REGULAR MEETING SCHEDULE Thursday, January 17, 2013(Regular and Reorganizational) Thursday, February 21, 2013 Thursday, March 21, 2013 Thursday, April 18, 2013 Thursday, May 16, 2013 Thursday, June 20, 2013 Thursday, July 18, 2013 Thursday, August 15, 2013 Thursday, September 19, 2013 Thursday, October 17, 2013 Thursday, November 21, 2013 Thursday, December 19, 2013 BE IT FURTHER RESOLVED, that all regular meetings of the Board of Health of the Township of Bloomfield shall be conducted in Room 205 ( Mayor s Conference Room ) of the Law Enforcement Building located at 1 Municipal Plaza, Bloomfield, New Jersey at 6:30 PM; and BE IT FURTHER RESOLVED, that the Secretary to the Board is hereby authorized and directed to furnish a copy of this resolution to the official and alternate newspapers of the Board of Health and furnish to the Township 7 of 12

8 Clerk a copy of this resolution for posting on the official bulletin board in the Municipal Building located at 1 Municipal Plaza, Bloomfield, NJ. Essex County Division of Senior Services Contract/Visiting Nurse Services The Board, on a motion by Joel Elkins, seconded by Kathleen DeMarino, unanimously voted to approve the following roll call resolution: The Bloomfield Board of Health agrees to accept a contract with the Essex County Division of Senior Services to provide Visiting Nurse Services effective January 1, ROLL CALL VOTE BOARD MEMBERS YES NO ABSTAIN ABSENT JAMES MCLAUGHLIN, PRESIDENT KATHLEEN DEMARINO, VICE-PRESIDENT JOEL ELKINS, MEMBER STEPHANIE SMITH, MEMBER MARTHA FELIX, MEMBER BREAK IN MEETING President McLaughlin, at 7:28pm, called for a break in the meeting to allow time for the Director to contact the BOH attorney to resolve changes noted in Memphis Agreement prior to Board s reading of the resolution. RETURN FROM BREAK President McLaughlin called the meeting back to order at 8:12pm. The Director informed the Board that the Board Attorney resolved the issue and the Board could move forward with the resolution. The Board addressed the Coltenback s who also indicated that the matter was resolved and signed the Agreement as outlined in the resolution. NEW BUSINESS (continued) The Board, on a motion by Joel Elkins, seconded by Kathleen De Marino, unanimously voted to approve the following ordinance: R E S O L U T I O N M E M P H I S 8 of 12

9 WHEREAS, On September 20, 2012, the Bloomfield Board of Health unanimously voted to transfer a dog referred to as Memphis to the Neighbor to Neighbor Network. The Neighbor to Neighbor Network was to relocate Memphis to a facility wherein Memphis could obtain the appropriate behavioral modification; and WHEREAS, The Board of Health further retained the sole and exclusive right to determine if and when Memphis would be an appropriate candidate for adoption. The Board reserved that right because it was required to keep control of the potential adoption of Memphis based on Court orders executed by the Honorable Walter Komprowski, J.S.C. of the Essex County Superior Court in the case entitled Robin Mittasch, et al. v. Township of Bloomfield, et al, Docket number ESX-C That lawsuit was dismissed by Judge Komprowski on November 9, As a result thereof, the Board is no longer required to maintain control of Memphis by any Court order of N.J. Statute; and THEREFORE, BE IT RESOLVED, The Board today is moving a resolution to be voted on. The Board is authorizing that the Neighbor to Neighbor Network transfer the custody of the dog named Memphis to his current care taker. The Board has also reached an agreement with the current caretaker of Memphis that Memphis will not be given up for adoption until a person with the following credentials Certified Applied Animal Behaviorist, indicated in writing that Memphis is suitable for adoption. NOW, THEREFORE, BE IT FUTHER RESOLVED, The Board has also advised the caretaker and the caretaker has agreed to place Memphis in the care of Jeff and Diana Coltenback, residents of the Township of Bloomfield, once the dog is found suitable for adoption. The Board has made this decision based on the fact that Jeff and Diana Coltenback have agreed to the following: a) To publicly and privately support the action taken by the Board of Health today. b) To keep the current location of Memphis and his caretaker private. c) They will not challenge or dispute and findings regarding the suitability for the adoption of Memphis. d) The will not file any lawsuits against Bloomfield Board of Health, or its employees with regards to the dog named Memphis in the future and have represented that none are pending. e) That they will be satisfied with periodic updated information of Memphis well being and training and also that the amount and method of updates will be at the discretion of the caretaker. The updated information is to be kept confidential for the well being of Memphis and his current caretaker. f) The Coltenback s hereby acknowledge that it is possible, though unlikely that Memphis will never be found to be suitable for adoption and accordingly recognize that the decision whether the dog is going to be adopted is not and will not be decided by the Board of Health, but by an individual selected by the caretaker who meets the requirements previously discussed. However it is understood that no one has advised the Bloomfield Board of Health that Memphis will never be adoptable by the current caretaker. 9 of 12

10 g) The Coltenbacks have acknowledged and agreed that they will make arrangements to obtain Memphis once and if he is deemed adoptable. h) The Coltenback s have acknowledged if the caretaker feels that he or she is being harassed by inquiries or libel comments, threats, ultimatums, or any other behavior that affects his or her reputation, privacy or security, then the caretaker can decide to transfer the dog to a person or entity that he or she believes is the appropriate place for the continued training of Memphis. The Board will have no control over who will receive Memphis if when he is deemed adoptable. i) The Board will provide the caretaker with the contact information of the Coltenback s and the caretaker will provide an update in a reasonable amount of time. j) Mr. and Mrs. Coltenback have legal representation and have discussed this matter with the Board s attorney, Ronald J. Ricci, Esq. and this matter and alleged dispute regarding Memphis is now over and the Coltenback s will have no further public discussion about Memphis. However, the Coltenbacks will advise their friends and the general public when Memphis is adopted by them. k) In furthermore of the goal to end any issues that may have existed, the Coltenbacks have agreed not to do any fundraising on behalf of Memphis after their current drive regarding reimbursement of legal fees has been completed which shall be done in a reasonable amount of time. Furthermore, the legal fees are the ones already incurred by the Coltenbacks. CLOSED SESSION The following resolution to move to Closed Session at 8:15 pm was passed on a motion by Joel Elkins and seconded by Martha Felix. All present voted in the affirmative. CLOSED SESSION RESOLUTION WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during a public meeting; and WHEREAS, the Board of Health of the Township of Bloomfield has deemed it necessary to go into closed session to discuss certain matters which are exempted from the public; and WHEREAS, this meeting of the Board of Health will reconvene immediately following the closed session, NOW, THEREFORE BE IT RESOLVED, that the Board of Health of the Township of Bloomfield will go into closed session for the following reason(s) as outlined in N.J.S.A. 10:4-12: (1) Any matter which, by express provision of Federal law or State statute or rule of court shall be rendered confidential or excluded from the provisions of subsection a. of this section. (2) Any matter in which the release of information would impair a right to receive funds from the Government of the United States. (3) Any material the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to information relative to the individual's personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly. 10 of 12

11 (4) Any collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement, including the negotiation of the terms and conditions thereof with employees or representatives of employees of the public body. (5) Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed. (6) Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law. (7) Any pending or anticipated litigation or contract negotiation other than in subsection b. (4) herein in which the public body is, or may become a party. X X Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer. (8) Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting. (9) Any deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility. The public portion of the meeting reconvened at 9:31p.m. REVIEW OF CLOSED SESSION MINUTES The Board, based on a motion within closed session, unanimously approved the November 15, 2012 Closed Session Minutes. NEW BUSINESS (continued) SHELTER CONTRACT PROPOSAL AMENDMENT The following was based on a discussion within closed session. The Board, on a motion by Joel Elkins, seconded by Kathleen De Marino, unanimously approved the following roll call resolution: The Board agrees to enter into a contract with the Neighbor To Neighbor Network (NTNN) to provide animal control and shelter management and related services as outlined in the contract effective January 31, This resolution supersedes Resolution # previously passed by the Board in November. We authorize Board attorney Ronald Ricci to amend the contract as needed to finalize the agreement with NTNN. ROLL CALL VOTE BOARD MEMBERS YES NO ABSTAIN ABSENT JAMES MCLAUGHLIN, PRESIDENT KATHLEEN DEMARINO, VICE-PRESIDENT 11 of 12

12 JOEL ELKINS, MEMBER STEPHANIE SMITH, MEMBER MARTHA FELIX, MEMBER Resolution Animal Services Employees The Board, on a motion by Joel Elkins, seconded by Kathleen DeMarino, unanimously voted to approve the following roll call resolution: Whereas the Bloomfield Health Department has entered into a service contract authorizing the outsourcing of animal control services, the following part-time temporary hires will have their positions terminated effective January 31, 2013: Michael Spinella Joaquin Abradelo Henry Escobar Huasnia Holguin Jane Chaplinski Anjanette McGowan Theresa Da Silva Yaxira Lopez Angelica Marie Moran BOARD MEMBERS YES NO ABSTAIN ABSENT JAMES MCLAUGHLIN, PRESIDENT KATHLEEN DEMARINO, VICE-PRESIDENT JOEL ELKINS, MEMBER STEPHANIE SMITH, MEMBER MARTHA FELIX, MEMBER ADJOURNMENT The Board, on a motion by Joel Elkins, seconded by Martha Felix, unanimously voted to adjourn the of the Board of Health of the Township of Bloomfield at 9:57p.m. Respectfully submitted, Karen Lore, Director of Health and Welfare Secretary to the Board 12 of 12