Board of Health

City of East Orange EAST ORANGE BOARD OF HEALTH NEW JERSEY REGULAR MEETING East Orange Department of Health & Human Services 143 New Street East Orange, New Jersey 07017 JANUARY 20, 2017 MEETING MINUTES Meeting call to Order @ 5:34PM Board President Christine Harris read the following Sunshine Law: This meeting, which conforms to the provisions of the Open Public Meeting Act, Chapter 231, and Public Law of 1975 is a regular meeting of the City of East Orange Board of Health. Notices have been filed with our official newspaper, with the City Clerk and posted on regular bulletin boards. The public is permitted to participate at this meeting. After the roll call, it was determined there was a quorum to convene the meeting. Board Members Present: Christine Harris, President Tobbia M. Corbitt Horace H. Henry Attorney Ryan Linder Mayoral Staff/Health Department Staff: LaDonna Johns, Health and Human Services Director Victor Kuteyi, Health Officer Ibrahim Small, Aide to Mayor Lester E. Taylor, III Councilman Mustafa Brent, Fifth Ward Guest Speakers: None Public in attendance: Cheryl Williams, Resident, Trevor Martindale, College intern, Montclair State University, Major-Nutrition and Public Health Approval of December 20, 2016 Meeting Minutes Approval unanimous Announcements President Harris introduces and welcomes LaDonna Johns, Director of HHS to the BOH. Ms. Johns stated she looked forward to working with the BOH to make East Orange a healthier city as well as raising the profile of the Health Department. Additionally, she stated there are other activities that she has planned so more people know about the services the Health Department provides. Director Johns explained her role she is primarily the administrative part of HHS and Mr. Kuteyi is still the Health Officer. pg. 1 City of East Orange EAST ORANGE BOARD OF HEALTH NEW JERSEY REGULAR MEETING East Orange Department of Health & Human Services 143 New Street East Orange, New Jersey 07017 JANUARY 20, 2017 MEETING MINUTES Director Johns announced the Health Department will sponsor a Healthy City Walk on September 9, 2017 and there will be more information to follow in upcoming months. Also, she announced the Health Department is planning a community baby shower with the WIC Program and Councilwomen Tyshammie Cooper. She stated the baby shower will be for East Orange residents on WIC. The baby shower includes pregnant women at five months and extends up to three-month-old newborns. Director Johns stated the donations will be coming from the community and various vendors. President asked Director Johns about the event that took place that evening at East Orange General Hospital. Director Johns stated she was asked by Mayor Taylor to represent the City at the opening of the Women’s Clinic and Geriatric Center which are located on the fourth floor at East Orange General Hospital. She also announced that East Orange General Hospital is a site for the VITA (Volunteer Income Tax Assistance) in conjunction with United Way. More importantly, residents can receive free assistance if they earn $54,000 dollars and less, as well as, City of East Orange employees who make $90,000 dollars or less Monday through Friday until April. Updates Health Department Staff Updates: There were no Health Department staff updates. Director Johns and Atty. Linder ordinance review: Mercantile License: Director Johns expressed concerns about the Beauty and Barber shop ordinance. Attorney Linder explained that the City has a Mercantile license ordinance which was passed in 2012. He stated the ordinance requires: the owners of hair salons, nail salons, barber shops, supermarkets, grocery stores, convenience stores, restaurants, bars, liquor stores, day care centers and people who sell tobacco to get a Mercantile license which is $250 dollars and can only be issued after the health officer does an inspection and determines not only are they up to code but also in compliance with all state laws, rules and regulations. Atty. Linder stated the City already has a local ordinance which already does what the BOH has presented, as well as state licensing requirements. He also stated the Mercantile license already deals with food handlers, barber shops and hair dressing. President Harris asked HO Kuteyi to address the BOH about concern over the Mercantile License. HO Kuteyi stated the Mercantile License had not been enforced therefore many businesses only have the Retail Food License from the City. Additionally, the enforcement of pg. 2 City of East Orange EAST ORANGE BOARD OF HEALTH NEW JERSEY REGULAR MEETING East Orange Department of Health & Human Services 143 New Street East Orange, New Jersey 07017 JANUARY 20, 2017 MEETING MINUTES the Mercantile License would incur additional fees for establishments. HO Kuteyi proposed revising the Retail Food License. President Harris asked for clarification of the difference between the Retail Food License and the Mercantile License. HO Kuteyi explained the Mercantile License is for all businesses operating within the City and the Retail Food License is for all food establishment operating within the City. HO Kuteyi stated that with the enforcement of the Mercantile License businesses must pay an additional fee, however, if the Mercantile License is revised to include food establishment the fees can be included. He cited several examples of fees paid for food establishments remaining open 24 hours and barber shops in nearby municipalities. E-Cigarettes: Atty. Linder stated the proposed e-cigarette ordinance is pre-empted. He stated the FDA and State regulate tobacco products extensively. He cited an example of a case ruling which stated that municipalities cannot impose additional licensing fees with respect to tobacco. However, in a second case dealing with increasing the age from 18 to 21 years old for the sale of tobacco, the ordinance was approved, because the age requirement was not pre- empted. Atty. Linder cited a case in East Brunswick, where the township tried to ban the cigarette machines, because youth were getting cigarettes from the machine, however, and the court upheld it because it was not pre-empted because the state law deals with how you can get licensed to sell cigarettes. He stated the aim is to prevent people from selling cigarettes and not paying taxes. And, the municipality is allowed to enact more stringent laws than the state in regards to the age ordinance but not the additional licensing fees for selling tobacco. Food Handler’s Ordinance: HO Kuteyi explained the state does not have a food handling training license, however they have a Food Manager’s Training certificate for the Person-In-Charge (PIC). He explained that the Health Department is trying to establish a food handler’s program for those people that work for the PIC which he indicated every municipal has established. He cited a few municipalities that have their own food handler’s program, such as, Irvington, Newark, Orange and Bloomfield, however, the cost of the program differs in the municipality. President Harris asked for clarification regarding the Food Handler’s License that Atty. Linder discussed. Atty. Linder stated he found the NJ Food Handler’s License. Additionally, he addressed the concern of cost to the City, staff to administer the program and the role of the municipality. President Harris commented to Atty. Linder that HO Kuteyi was working with Health Department staff on the administration of the program. President Harris also commented about the high turnover of employees and the lack of training and food cross contamination that occurs. President Harris recommended that HO Kuteyi and Atty. Linder find a way to work out the Food Handlers issue for the best interest and outcome for the City. HO Kuteyi stated that every HHS that is certified by the State is qualified to facilitate, pg. 3 City of East Orange EAST ORANGE BOARD OF HEALTH NEW JERSEY REGULAR MEETING East Orange Department of Health & Human Services 143 New Street East Orange, New Jersey 07017 JANUARY 20, 2017 MEETING MINUTES administer and train employees regarding food handling practices. More importantly, HO Kuteyi stated the food handler’s test can be given to all employees in the establishment, however, the State has the biggest concern over who receives the Food Managers certification (i.e. the owners and managers of the establishment). HO Kuteyi cited examples of improper food handling, such as serving food with bare hands and open sores on the body. Director Johns asked if the food manager is required to teach employees about proper food handling. HO Kuteyi stated manager is supposed to teach the staff, however, the establishment of the Food Handler’s train would ensure staff is properly trained to work in the food establishment. President Harris reiterated the suggestion that Atty. Linder and HO Kuteyi work together to establish what would be best for the City. Atty. Linder recommended to HO Kuteyi when businesses want to renew the Mercantile license they need to show the food handler’s certificate for all employees. President asked about the penalty for businesses that do not have the food handler’s certificates. Atty. Linder stated they could be penalized with a fine and their history to renew the license. HO Kuteyi stated his concern of additional fees being imposed if an establishment does not have the Food Handler’s certificate. Atty. Linder recommended the Mercantile License can be amended to include a clause that retail food establishments must show proof that all employees have obtained a food handler’s card in order to receive the Mercantile License. President Harris agreed and requested that the amendment to the Mercantile License also include spas and tattoo parlors. Health Officer Kuteyi NJDOH Registry for BOH-Health Department annual report to the State with BOH member registry complete by Feb. 15, 2017 Staff- HO Kuteyi there are no new updates regarding staff. First reading of the Ordinance amending chapter 94 section 2 of the revised general ordinance for the City of East Orange tobacco and nicotine delivery products: The 1st reading of the Ordinance amending chapter 294 section 2 of the revised general ordinance for the City of East Orange tobacco and nicotine delivery products. The ordinance was passed unanimously. Atty. Linder stated he removed the provision in the original draft of the ordinance pertaining to the following: 1. Requiring that the owner of establishments sign a document indicated that they reviewed the local ordinance and they are aware of all the penalties. He explained that he viewed it as another licensing requirement and the state licenses the owner to sell cigarettes. Definition of shared services and health accreditation: pg. 4 City of East Orange EAST ORANGE BOARD OF HEALTH NEW JERSEY REGULAR MEETING East Orange Department of Health & Human Services 143 New Street East Orange, New Jersey 07017 JANUARY 20, 2017 MEETING MINUTES Atty. Linder explained in New Jersey there is a big push for municipalities to have shared services. He defined shared service as two municipalities combining departments to provide a single service particularly pertaining to essential services, such as police, fire, snow removal, sanitation, etc. He cited an example of a shared service would be if the East Orange Public Works Department served as the City of Orange Public Works department and/or vice versa. Another example is if municipalities have a service agreement to store sand and/or salt in their municipal garage. President Harris commented that WIC partnering with another organization is not a shared service but a collaboration between organizations and an agency. Atty. Linder commented that according to the definition of a shared service it does not appear that the partnership is a shared service, however, he would need more information about the partnership between WIC and the partner(s). President Harris asked if HO Kuteyi had researched the issue of the City of West Orange joining with EO Health Department accreditation as had been suggested? HO Kuteyi stated he has researched the issue and discovered it was more complicated than anticipated. More importantly, the accreditation process must be done within the City of East Orange. Additionally, he stated the shared services includes lead inspections. Atty. Linder clarified the issue by stating it is a shared service because it is an agreement with the municipality who also pays the city for services providing by the City of East Orange. HO Kuteyi added he reached out the PHAB office and Mr. Fitzgerald for assistance with the Health Accreditation process. Status of research done on the state law regarding livestock in urban residential areas: HO Kuteyi explained he found information on Chicken Laws throughout the United States which defines the size of the coop, imposing of fees and he will use this information to see how it works and can be used in the City of East Orange. Atty. Linder recommended that the zoning codes can be amended to prohibit anyone from using and owning farm animals in residential areas with an expansive definition of what constitutes a farm animal. President Harris recommended that HO Kuteyi work on the livestock issue with Atty. Linder. President Harris asked Atty. Linder about legislation prohibiting livestock in the City of East Orange. Atty. Linder stated he will research the legislation. HO Kuteyi added that he and Prosecutor Hall previously researched the matter and they did not find any legislation. Mr. Henry asked for clarification on what the nuisance regulation states. HO Kuteyi stated the nuisance regulation captures odors, noise pollution and other nuisance related issues. Mr. Henry added that nuisance legislation can be worded to include livestock and nuisance related matters to prosecute any environmental violation. Atty. Linder stated he believed the land use legislation may have to be amended regarding this matter of the livestock nuisance issues, as well as, the type of farm animals and farms which is much more definitive pg. 5 City of East Orange EAST ORANGE BOARD OF HEALTH NEW JERSEY REGULAR MEETING East Orange Department of Health & Human Services 143 New Street East Orange, New Jersey 07017 JANUARY 20, 2017 MEETING MINUTES and clear language. Mrs. Corbitt asked if amendments to zoning legislation the best way to address the livestock issue in East Orange. NJDOH Registry for BOH-Health Department annual report to the State with BOH Member registry complete by February 15, 2017: HO Kuteyi stated the registry was submitted with the application and report. Status of developing policy and procedure between Public Safety Department &HHS regarding issues of animal control and public health: HO Kuteyi stated the Health Department is working with DPW to get all the violations fixed. Additionally, since the city budget has re-opened he can now obtain products needed to fix the animal shelter. Also, he stated the fire inspector came to the shelter to do an inspection and he was told the fire system was outdated but will updated. President Harris asked HO Kuteyi when the animal shelter will be relinquished to Public Safety. HO Kuteyi stated the ordinance to transfer the animal shelter to the Police Department takes effect the end of February 2017 with the request from Public Safety Director Sheila Coley that the Health Department, during the transfer of power to fix the violations. Status of pursuing medical facilities for school-based service, in Cecily Tyson School: HO Kuteyi stated he will be doing research about this option with Nurse LaRussa. President Harris stated that Councilman Brent would like to see an expansion of health services in the City particularly since Cicely Tyson was built with a medical facility. Mrs. Corbitt expressed her concern regarding who will be entertaining the conversation to address school-based medical services in the City of East Orange which was discussed at the December 2016 meeting. President Harris asked HO Kuteyi to obtain the school-based medical information by the March 2017 meeting. Vicious Dog Ordinance: HO Kuteyi asked Atty. Linder if he could review the Vicious Dogs ordinance because of a case currently in litigation regarding dog bites and injuries to a human. Re-Organization: President Harris asked if anyone would like to be President of the BOH. Mr. Henry and Mrs. Corbitt motioned for Ms. Harris to remain in the position of President. Mrs. Corbitt and President Harris motioned for Mr. Henry to be Vice-Chair of the BOH. The motions passed with unanimous vote. Open Discussion: pg. 6 City of East Orange EAST ORANGE BOARD OF HEALTH NEW JERSEY REGULAR MEETING East Orange Department of Health & Human Services 143 New Street East Orange, New Jersey 07017 JANUARY 20, 2017 MEETING MINUTES Cheryl Williams, resident, addressed the BOH regarding a personal health issue because of alleged contaminated food purchased from Shoprite. Ms. Williams stated she became gravely ill in 2014 and 2015, from improperly displayed Pom brand name juice and processed meat (hard salami) from Shoprite. Adjournment Board President Harris requested a motion to adjourn the meeting. Motion made by board member Corbitt and seconded by board member Henry. The Meeting was adjourned at 8:12pm. Submitted by, Sala S. Small Recording Clerk pg. 7