MONTEREY BOARD OF HEALTH MEETING MINUTES
Date: September 8, 2008
Present: Sue Protheroe for the Monterey News, John Makuc (Board of Health), Robert Annelli (Board of Health), Stephen Enoch (Board of Health) and Peter Kolodziej (Health Agent), Building Commissioner, Donald Torrico, Marc White, owner of KSA-MASS and David Lazan, Attorney for Marc White, Robert Harrison, architect for KSA-MASS, Raymond Tryon, Fire Chief, Matt Puntin of SK Design and Don Bernard (former owner of the Seven Stones property)
The meeting began at 3:45pm
The Board reviewed the issues at hand that prompted the Board of Health sending the recent violation letter and imposed fine. Peter Kolodziej reminded the camp that the Board has been very forthcoming with what the processes were as far as getting the camp permits, food service permits, sign offs by the Board of Health and Building Department, reporting for their public water supply, etc. The Board feels that because of the issues that have arisen they want all of the permits currently
David Lazan, Attorney for Marc White gave a background for the camp. They had been in Monticello, NY for over 40 years and had to leave because the property was being sold. Attorney Lazan stated that time was of the essence and trying to comply was difficult due to the time constraints. One of the project managers there shouldn’t have been in the position he was in and may have contributed to some of the problems and lack of communication between the Town and the camp. Attorney Lazan stated that 73 local people were hired and over 600 people were brought into the area when dropping off and picking up their children. He stated that the American Camp Association graded them with a 99% in safety and health. Marc also gave scholarships of over $50,000 to local children to attend the
camp that wouldn’t have otherwise been able to afford to go there. He stated that the camp feels terrible that there hasn’t been a smooth process. He stated that the 2 additional camps that were running did not have permits and prompted this meeting was a misunderstanding. Attorney Lazan stated that Mr. White would appreciated the $5000 fine being amended.
Robert Harrison, Architect for the camp stated that he has been speaking with the Building Commissioner throughout the entire process and that he had suggested that a full code compliance inspection be performed, which it was. Mr. Harrison stated that a significant amount of the work that has needed to be done was fixing problems that the previous owner had left or created. Mr. Harrison stated that it was impossible to complete the amount of work that was required to be done in the amount of time the Building Commissioner was requiring. Mr. Harrison has met with the Building Inspector almost weekly giving a list of all of the items still in progress and those completed and at this time there is only one item left to be completed.
Stephen Enoch stated that as the Board of Health they are here to work with everyone. They appreciated the energy that goes into trying to make the camp compliant but for the Board of Health it’s a matter of an expired license and then the fact they were operating beyond their permit dates without the proper permits and without the Town having been made aware of Marc’s intentions.
Peter Kolodziej stated that it was a legal liability to have these 2 additional camps without the Board of Health having been notified to ensure that all of the Department of Public Health’s requirements were met (including but not limited to CORI checks). Marc White stated that he was not aware that this was required as it wasn’t in NYS.
At this time Peter Kolodziej suggested that Marc White give an overview to all of the Boards present what his intentions are so that all of the Boards are on the same page. The Board wanted to confirm that the current septic system will meet compliance and that the public water supply has been approved by DEP (DEP has made several calls over the last week regarding filings not being made with regards to their public water supply). Matt Puntin of SK Design stated that the additional uses proposed would not have a negative impact on the existing septic system. His conversations with Rick Larson of DEP have led him to believe that an additional well will need to be drilled. It’s Matt’s understanding that right now it is a public water supply. Peter Kolodziej stated that Rick Larson
told him that the reporting necessary with a public water supply has not been done; Matt was under the impression that this had been done but apparently it was not. A follow up meeting is being scheduled with DEP.
Donald Torrico stated that he is still not ready to issue a Certificate of Inspection for the main building but it should be soon. There is still an outstanding issue of 2 structures being erected without building permits.
The Board decided at this time to review the request to reduce the fine imposed. Peter Kolodziej asked if Marc White had any questions so that there wouldn’t be any more violations. Wayne Burkhart asked if you could hold them to a summer camp use for the other uses such as weddings, etc. Peter Kolodziej stated that the Board of Health is only involved with the camp uses
If the camp is going to use it for something like a wedding and hire outside staff the Board of Health would need to be involved to permit the food service agencies to be used. Peter Kolodziej stated that the only way he can be clear with what will be required from a Board of Health aspect would require that Marc submit a proposal of what he’d be doing on the premise, there is a “blanket permit”.
Wayne Burkhart stated that he would like as much clarity as possible for the owners so that this doesn’t continue to be a problem for Mr. White. Wayne stated that in Monterey you can’t rent a place in Monterey for a wedding without a special permit to run a restaurant. Wayne ran through the bylaws and stated that he was a bit embarrassed about the “straight jacket” effect it had. Jon Sylbert stated that this was a zoning issue that should be discussed with the Zoning Enforcement Officer. Robert Harrison asked if the Board of Health would require that he come before them each time if Marc were to hire his own staff and served the food on premise. The Board of Health confirmed that one service could be issued a yearly permit if that was how it was presented to the Board.
At this time the Board of Health moved their meeting to another office to discuss the fines imposed on KSA-MASS and their request that they be reduced. Present for this discussion was Robert Annelli, John Makuc, Stephen Enoch and Peter Kolodziej. Robert Annelli questioned whether or not the septic could handle weddings for 500 or more guests. The Board discussed that permits can be issued for different functions and time frames but the owners of the property has to first make sure that all of their proposals are allowed under our zoning bylaws before the Board of Health can issue any permits. The Board discussed the possibility of requiring a flow meter being installed on their septic system to confirm that the capacity limit isn’t being exceeded. The Board of Health stated that in
order to give definitive answers on what permits the Board can and can not issue the Board needs specific proposals of the activities to occur be submitted for review. John Makuc suggested monitoring the water usage. The Board felt that this camp shouldn’t have been allowed to open this year and was upset that everyone bent over backwards to assist the camp in opening and yet they still continued to perform activities without the Town’s knowledge and without the proper permits. Peter Kolodziej noted that the Board should take into consideration all of the time (administrative and inspectional) that have gone into taking care of all of the violations at the camp when making their decision on the fine imposed. Stephen Enoch gave a summary of how the fines came to be imposed and the other options that had been available to the Board in lieu of fines (shutting the camp down). At this time all Board members were given the option to discuss
whether or not the fine of $5000 is appropriate. The Board discussed that the owners should’ve known that a permit was needed for the 2 additional camps since the camps were scheduled well in advance of the first permitted camp opening and the permit for that camp clearly stated the dates of operation allowed. Peter stated that when he made his most recent visit one of the camps that was operating without a permit pulled out early after calling all of the parents of the children in their custody. The bottom line is that the Board of Health wants the problems that have occurred to be corrected and to move on with the understanding that the procedures and regulations will be followed in the future.
At this time a vote was taken for a verbal recommendation of the fine to be imposed. A motion was made for the fine of $5000 to stand at Town Counsel’s recommendation which was seconded and approved unanimously.
The meeting adjourned at 5:00pm
Submitted by
Melissa Noe
Inter-Departmental Secretary
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