MONTEREY BOARD OF HEALTH MEETING MINUTES
Date: August 26, 2008
Present: Stephen Enoch, Peter Kolodziej and Jeramia Pollard, Town Counsel via conference call
The emergency meeting began at 3:00pm
All present discussed and reviewed documents submitted by Kutsher’s Sports Academy (KSA) as well as correspondence and permits issued by the Board of Health to KSA and the large number of issues that have arisen since the new owners purchased the property. KSA was issued 3 permits by the Board of Health:
· 09-04Camp: Permit to operate a Recreational/Children’s Camp, valid 7/31/08-8/16/08 and subject to full compliance with the Building Commissioner. This permit was issued on 7/31/08.
· 08-09FSC: Permit for Food Service & Catering with the following condition: Subject to Wheelwright Consultants being retained for weekly inspections for the remaining camp season with food safety inspection reports to be submitted to the Monterey Board of Health on a weekly basis. This permit was issued on 7/31/08.
· A pool permit was also issued.
· The Board noted for the record that from day 1 there were issues with all of the buildings being certified by the Building Commissioner and that the Town/Boards were generous from the outset in working with KSA to allow them to operate with the understanding that there weren’t any major public heath hazards and if they followed all of the conditions set forth by all of the boards involved the Board of Health would be ok with letting the camp operate conditionally.
· On 8/11/08 a letter was sent to KSA stating that a permit application for a proposed staff cabin septic system could not be approved until full compliance was met on all other outstanding permit applications on file with the Board of Health and Building Department.
The reason for today’s meeting was due to a site inspection made on 8/22/08 by the Building Commissioner. While on site he noticed that there appeared to still be campers and staff on the premises even though the camp permit had expired. When Marc White of KSA was called about this he confirmed that he was leasing the facilities to 2 separate camps; a fencing camp (operational dates listed as 8/20-8/30/08) and a football camp (operational dates listed as 8/24-8/29/08). At this time Peter Kolodziej let Marc know that he was in violation for operating these camps without the proper food service and camp operating permits and reminded him that on several occasions Mr. White has been reminded that permits are needed and if he’s not certain to check with the Town prior to starting any projects. Mr. White brought down the necessary applications, documents and fees later that afternoon for the Board of Health to review.
The Board discussed with Town Counsel the options available which are shutting the camp down or heavily fining them with a consent form being signed by Mr. White with specific conditions and items that will need to be met before any operations will be allowed at the property. Town Counsel also noted that the liability for these violations lies with the camp(s) and not the Town. Town Counsel stated that he would recommend fining the camp for violations under the Sanitary Code (105 CMR) and MGL Chapter 111 Sections 3 & 127A up to $5000. A letter will be drafted by Peter Kolodziej and reviewed by Town Counsel before sending. It was suggested that the letter be hand delivered by the Police Department due to time constraints (a hearing has been scheduled for 9/8/08 with the Board of Health and
Select Board). The letter will state the number of days in violation and the fine calculated, there will be a limit of 7 days to appeal the fine and that they must attend the 9/8/08 meeting/hearing.
The meeting adjourned at 4:00pm
Submitted by
Melissa Noe
Inter-Departmental Secretary
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