THE NEW JERSEY STATE BOARD OF MORTUARY SCIENCE
124 HALSEY STREET, NEWARK NJ 07101
HUDSON ROOM , 6TH FLOOR
9:30 A.M., TUESDAY, MAY 4, 2004
http://www.nj.gov/lps/ca/nonmedical/mortuary.htm

OPEN SESSION MEETING MINUTES

IN ATTENDANCE

Marius R. Lombardi President (Government Member)
Richard J. Galante, Secretary
Richard R. Bradley
Thomas C. Brown (left at 3:10 P.M.)
Edith C. Churchman, Ph.D., CFSP
Martin Goldstein
Bernard Horwitz, Esq. (Public Member)
William C McCriskin
Gerald P. Scala, Esq., (Public Member)
William McCriskin

ABSENT

Fanny Jaramillo
Anthony P. Vainieri Jr.
Frederick R. Whiteley III

ALSO ATTENDING

William Mandeville, Executive Director
Jodi C. Krugman, Deputy Attorney General
Sabrina Riles, Secretarial Assistant
Shraddha Patel
Brianne Richardson

APPROVAL OF MINUTES

March 2, 2004 - On motion made by Ms. Churchman, seconded by Mr. Brown, the Board determined to approve the minutes. All voted in favor of the motion.

EXECUTIVE DIRECTOR’S REPORT

A) Mr. Mandeville reported that twenty-five (25) complaints were received in April, total for year is fifty (50).

B) Mr. Mandeville reported that the next monthly Board meeting has been scheduled for June 1, 2004, in Hudson room on the 6th floor.

C) Mr. Mandeville reported that Jodi Krugman, DAG has been with the Board for four (4) years.

INTERN REGISTRATIONS

None.

NEW LICENSEES

Carla Flippen
Lauren Hayes
Joyce Soltesz

: NEW INSTALLATIONS

None.

CONTINUING EDUCATION

A) Credential Committee Report. On motion made by Mr. Bradley, seconded by Mr. Brown, the Board voted to accept the Board voted to accept the attached report. All voted in favor of the motion.

CORRESPONDENCE

A) NJ Cemetery Board public session agenda for April 8, 2004. This was for the Board’s information only.

B) Letter from Antonio Genise, Speer Van Arsdale Funeral Home regarding advertising by last name. The Board determined to move this matter to executive session for legal advice.

C) Letter From Scott W. Bradley, Bradley Funeral Home regarding an improperly printed advertisement. The Board determined that the letter will be placed in the funeral home file. Mr. Bradley recussed himself.

D) Letter from Geralda Aldajuste and Sylvia J. LeGrand-Saxton regarding starting a trade service. The Board determined that the necessary paperwork has to be filed with the Board’s office for the dual operation, for it to be registered as a mortuary.

E) Letter from Robert C. Smith, III, Funeral Service Advisory Commission regarding a meeting on Monday, May 10, 2004 at Mercer County College. The Board is unable to attend the meeting and will try to attend the next scheduled meeting.

F) Letter from Patricia A. Dempsey, NJSFDA Convention regarding the annual convention in Atlantic City September 19 - 23, 2004. This was for the Board’s information only.

G) Letter from NJFDA regarding proposed Sunset Rules. This matter will be forwarded to the regulatory analyst and will be held until the comment period begins.

H) Handout questioning how funeral home name must be displayed on a sign welcoming you to a particular town. The Board determined that the true firm name must be on it and it will be treated as a novelty item.

I) Letter from Robert Fertig concerning operating a trade service. The Board determined to hold this matter until the next monthly meeting.

OPEN DISCIPLINARY MATTERS

A) #03-148 Jacob A. Holle Funeral Home, Maplewood, uniform penalty letter for violation of N.J.A.C.13:36-5.12(c). $500.00 paid April 7, 2004. This was for the Board’s information only.

B) #04-09 Knight Funeral Home, Inc., Berlin, uniform penalty letter for violation of N.J.S.A. 45:1-7 (c)$300.00 paid April 20, 2004. This was for the Board’s information only.

C) #03-139 Speer Van Arsdale Funeral Home, Somerville, uniform penalty letter for violation of N.J.A.C. 13:36-5.12 (c)$500.00 was paid on April 15, 2004. This was for the Board’s information only.

D) #03-26 Boylan Funeral Home, New Brunswick, uniform penalty letter for violation of N.J.A.C. 13:36-5.18(a), N.J.S.A. 8A:5-18.1 (1), N.J.S.A. 45:1-21 (e)$2500.00 paid April 20, 2004. This was for the Board’s information only.

E) #03-147 Preston Funeral Home, South Orange, uniform penalty letter for violation of N.J.A.C. 13:36-5.12 (c) $250.00 paid April 6, 2004. This was for the Board’s information only.

F) #00-82 Community Funeral Home, Passaic, uniform penalty letter for violation of N.J.A.C. 13:36-1.9 (f) $750.00 paid April 1, 2004. This was for the Board’s information only.

G) #00-01 Metts-Davis Funeral Home, Woodbury, uniform penalty letter for violation of N.J.A.C. 13:36-1.9 (f), 13:36-11.12(a), and 13:45-1.3(a) $7000.00 paid April 15, 2004. This was for the Board’s information only.

H) #04-25 Condon Funeral Home, Kearney, uniform penalty letter for violation of N.J.S.A. 45:1-7 (c) $100.00 paid April 24, 2004. This was for the Board’s information only.

I) #04-40 Coughlin Funeral Home, Califon, uniform penalty letter for violation of N.J.A.C. 13:36-5.6 (a) 8 $100.00 paid April 22, 2004. This was for the Board’s information only.

J) #04-27 Dennison Funeral Home, Inc., Florence, uniform penalty letter for violation of N.J.S.A. 45:1-7 (c) $100.00 paid April 22, 2004. This was for the Board’s information only.

K) #04-36 Childs Funeral Home, Red Bank, uniform penalty letter for violation of N.J.S.A. 45:1-7 (c) $100.00 paid April 22, 2004. This was for the Board’s information only.

L) #04-30 Macagna-Diffily Funeral Home, Inc., uniform penalty letter for violation of N.J.S.A. 45:1-7 (c) $100.00 paid April 22, 2004. This was for the Board’s information only.

M) #04-26 Snover-Givnish, Cinnaminson, Funeral Home, uniform penalty letter for violation of N.J.S.A. 45:1-7 (c) $100.00 paid April 27, 2004. This was for the Board’s information only.

N) #04-29 Funeraria Alvarez, Passaic, uniform penalty letter for violation of N.J.S.A. 45:1-7 (c) $100.00 paid April 27, 2004. This was for the Board’s information only.

O) #04-33 Judkins Colonial Home, Plainfield, uniform penalty letter for violation of N.J.S.A. 45:1-7 (c) $100.00 paid April 27, 2004. This was for the Board’s information only.

P) #04-20 Barclay Funeral Home, Clayton, uniform penalty letter for violation of N.J.A.C. 13:36-5.6 (a) submitted a written explanation for board approval. On motion made by Mr. Bradley, seconded by Mr. Brown, the board determined to uphold the uniform penalty letter with a $100 penalty and thirty (30) days to comply. All voted in favor of the motion.

PUBLIC COMMENTS

Jim Tomaselo, Trustee of the New Jersey Prepaid Funeral Trust Fund wants the Board to revisit the rule proposal next year.

EXECUTIVE SESSION - 10:50 A.M. - Motion made by Mr. McCriskin, seconded by Mr. Bradley to go into executive session to discuss consumer complaints and/or conduct investigative inquiries. The results of these deliberations will be made known when and if the Board determines to initiate disciplinary or other law enforcement action. If the Board determines to issue uniform penalty letters, that action will be taken in public session immediately after the executive session.

Respectfully submitted,

___________________ ________
Richard J. Galante, Jr. Date
Secretary



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