SPRING GLEN - Sullivan County Supreme Court Judge Burton Ledina on Thursday granted an extension to the group of campers occupying the former Homowack Lodge. Judge Ledina has given the group until 5:00 p.m. Sunday, August 9, for the group to vacate.
In another development on Thursday, the NY State Department of Environmental Conservation (DEC) filed criminal charges in the Town of Mamakating Court against the owners of the property, in response to an oil spill that occurred on July 9. Maintenance workers were in the process of transferring oil between two underground tanks, when one of the tanks' breather valves overflowed, causing a large amount of “Number 4” heating oil to run into a local storm drain, thereby threatening the Homowack Kill, a stream that runs nearby. Congregation Ahavas Chaverim Gemilas Chesed, the Hasidic group who owns the property, could face hundred-of-thousands of dollars in fines as a result of the violations.
August 6, 2009 / MONTICELLO – Sullivan County Court Judge Burton Ledina this past Tuesday issued an order that members of a girls' camp at the old Homowack Lodge vacate the premises by no later than 5 p.m. Thursday, August 6. The ruling by Judge Ledina upholds a previous order from the NY State Department of Health (DOH) that the camp be evacuated for numerous health and safety concerns. The camp had up until now ignored this order, forcing the NY State Attorney General's office to become involved in the process.
During the proceeding, Brian Devine, a regional director with DOH, was called to testify by the state. He spent approximately 45 minutes narrating a video which had been taken the previous day. This video illustrated clearly the conditions at the old hotel, depicting everything from exposed wiring, to problems with standing water, and pervasive black mold. The presence of black mold, in particular, is a concern because of the fact that it is known to cause respiratory problems, especially in children and seniors. There were approximately 300 children at the camp at one point, some of which were seen wearing respiratory masks.
Perry Meltzer, the attorney for Bais Trana, the group operating the camp, then spent time attempting to undermine Devine's credibility as an expert witness, asking Devine repeatedly to identify specific places depicted in the video. Devine patiently answered Meltzer's questions and kept his composure throughout the proceeding.
Meltzer then proceeded to bring several witnesses to the stand, each of whom said that they believed the camp was indeed safe, and that the authorities were acting too hastily in their assessment. These witnesses included an expert on fire alarms, as well as an expert on sprinkler systems. It is, in fact, the dubious reliability of the fire suppression system that has caused concern among local firefighters. Summitville Fire Chief Tim Koestler had earlier called the facility a "fire trap."
But Judge Ledina was apparently unmoved by the testimony of these witnesses, and ultimately ruled in favor of the state.
Mamakating Town Supervisor Robert Fiore said that he was gratified by Judge Ledina's decision, stating that he is relieved that the campers will soon be "out of harm's way."
Earlier, Fiore had expressed a certain amount of frustration with the slow pace of the process, but that he also realizes that government processes can sometime move slowly.
"In the end, the system works," Fiore said.
Fiore also stated that the Mamakating Town Government was prepared to "go to the mat" if Judge Ledina's ruling had gone in the other direction. The town, in fact, did have plans to use the town court system to compel an evacuation, but Fiore felt that the several government bodies — town, county and state — could end up working at cross purposes.
"It's like a group of well-meaning volunteers showing up to fight a fire," Fiore said. "Sometimes they complicate things and make it more difficult for the firefighters to do their jobs."
All eyes will now turn to the Spring Glen camp site to see whether or not the campers follow the judge's order.