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Home My WebLink About2011-11-10Minutes for November 10, 2011, adopted Oct. 15, 2015 BOARD OF HEALTH Town of Nantucket 37 Washington Street E ID Nantucket, Massachusetts 02554,E www.nantucket-ma.gov � �t n �,fi� 1C� F. Commissioners: Patricia Roggeveen (Chair) Malcolm MacNab, MD, PHD, (Vice chair), James C4A*, Pte'lene Weld, RN, Stephep Vispo Staff: Mark Voigt, James Grieder, Ann Medina —MINUTES — November 10, 2011 4 Fairgrounds Road, First -floor Conference Room – 4:00 pm All or a portion of this meeting is being recorded. If you plan to record this meeting yourself, please check with the chairman of the board before you begin. Called to order at 4:00 p.m. Staff in attendance: Richard Ray Attending Members: Patricia Roggeveen (Chair); Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco Absent Members: Late arrivals: Roggeveen at 4:09 p.m. Agenda adopted by unanimous consent 1. PUBLIC COMMENTS — ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME Adopted by unanimously consent Adoption of local Health department fee schedule Sitting MacNab, Cooper, Weld, Visco Recused None Documentation New fee schedule Representing Ray – Moving the authority of the fee schedule from the Board of Selectmen/Board of Health to the new Board of Health so it is under control of local board. Public None Discussion None Action Motion to Adopt. (made by: Cooper) seconded Vote Carried Unanimously Report of Subcommittee – Proposed amendments to mandatory sewer connection regulations Sitting MacNab, Cooper, Weld, Visco Recused None Documentation None Representing Ray – Would like to move to the following week's meeting to allow Roggeveen to attend. Public None Discussion None at this time. Action Motion to Hold for Dec. 8 meeting. Vote Carried Unanimously Page 1 of 4 Minutes for November 10, 2011, adopted Oct. 15, 2015 Grant of Title Five Nitrogen Loading Restriction Easement Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Copy of easement document and staff recommendation. Representing Ray — Shared community system where the board signs off on easement portion of the system to allow the Health department to visit the property to ascertain its condition. This individual's property is eroding; and he wants to use vacant property on Washington Avenue as Nitrogen recovery land for eroding property to maintain size of existing dwelling. Lot C shall remain empty via the agreement in perpetuity. Public None Discussion MacNab — What happens to the system when the dwelling must be removed or demolished? Ray — These systems wash out onto the beach. We have determined the past that to put equipment over the bluff onto the beach and remove the septic tank and the leach pipes and the leach pit is more deleterious to the primary dune than it is to let the system wash out. Cooper — Can he move to Lot C? Ray — No, Lot C can never be built on. Its such small lot it just makes up the difference he needs. Action Motion to Approve. (made by: Visco) seconded Vote Carried Unanimously Ro g, eveen arrived 4:09 12.m. V. PUBLIC HEARING Semi public Swimming pool lifeguard policy Sitting Roggeveen, MacNab (acting chair), Cooper, Weld, Visco Recused None Documentation Copy of the state regulations Representing Richard read copy of regulation into the record Public John Tiffany, Nashaquisset resident — Nashaquisset is a co -op of 90 homes with a pool and two tennis courts. Staff includes full -time property manager and assistant, 9 seasonal landscapers; dedicated rental agency located in the old Farmhouse; 45 homes are rentals; 5 are year- round; balance seasonal residents. Pool is 20 -by -60 feet, five feet at the deepest, no diving boards or slides that might be a safety problem; the pool is for exclusive use of homeowners and renters. It is fenced and two locked gates, to which only the residents have access to. Signage as required by regulations is permanent and prominent. Open from 9 a.m. to 7 p.m. from Memorial Day to Columbus Day. Property Manager is to receive a Pool Operator Certificate within a couple of weeks. In 20 years have had no safety situations. In talking with the insurance company, premiums will not change whether or not lifeguards are present. Concerned that presence of lifeguard will change the way adults watch over children. Cost for a lifeguard is $45K a year. This looks like a solution looking for a problem. Steve McClusky, 63 Somerset Road, former Aquatic Director of Nantucket Community Pool (NCP) — Signs saying "Swim at your own risk" are inadequate. Drowning is one of the top three causes of infant and child death in the country. Presence of a lifeguard ensures the safety of all swimmers. Also, the board might want to consider monitoring pools for water testing to guard against pathogens building up in these pools. Page 2 of 4 Minutes for November 10, 2011, adopted Oct. 15, 2015 Public Jim Pignato, Aquatic Director NCP — Massachusetts state code doesn't require a lifeguard continued on duty. If I were to open a pool, I would always have a lifeguard. In my opinion based on 10 years of experience, these semi private pools should be checked upon by BOH; a CPO, certified pool operator, should be in place to ensure these chemical checks are being done properly. Enforcing lifeguards on duty would cause a number of these pools to shut down; but pools are not a money maker; a pool is definitely a luxury item. So having the Board of Health come in to check on a regular basis that everything is being done properly should probably suffice. Ray — Clarification with regards to semi - public pools, they are not licensed at this point. If lifeguards were to be mandated for all pools on Nantucket, they would become a licensable entity. At which point, they would have to have a CPO on staff, they would have to have lifeguards and they would have to perform routine daily water quality checks; and we have a licensed CPO on the Health Department staff. When he inspects pools, the first thing he asks the people to do is to check the water to ensure the individual knows how to do it and that the chemicals are in the right proportion. Tiffany — We would welcome inspections. To my knowledge, we test the Nashaquisset pool water at least three times a day. We will have a CPO within a matter of weeks. Public comments closed 4:29 p.m. Public comments reopened 4:32 p.m. Patty Rottmeyer, Treasurer Naushop Homeowners Association — Not licensed, do have attendants, have on staff a CPO, and do water testing. Patricia Barwley, Naushop Property Manager — Boston has opted for pool attendants for semi - public pools. Understood the regulations allows for pool attendant in lieu of a lifeguard without making a distinction. We do comply the regulations under the statute in regards CPO, water testing, safety equipment and all other regulations, Ray — I am reviewing the regulations, 435.23 Lifeguards, and see no mention of an attendant. Many BOHs do not require lifeguards at pools, and the organization operating the pool, be it commercial or private, is providing an attendant. That attendant has no capabilities in lifesaving. Public Comments closed 4:40 p.m. Discussion MacNab - If we approve this, all these pools will have to be licensed. Roggeveen — Can we mandate the type of training of lifeguards? Ray — Becoming a licensed pool, they will have to meet state mandates in regards to lifeguard training. The only way to mandate lifeguard training is to license the pool. Presently there are five existing semi - public pools: Naushop, Blackfin, Nashaquisset are three. Weld — What is the definition of "Attendant "? Ray — Not in the regulations. Cooper - Would like to think about it first and discuss it more. Could we vote on it next hearing? Ray — You could continue the hearing. You have two options, you have the option to mandate lifeguards at all semi - public pools, or, according to the Department of Public Health, the authority to mandate lifeguards be present at all currently licensed semi - public pools which are all hotels and motels. This would exclude lifeguard placement at all homeowners or condominium pools. Roggeveen & Visco & Cooper — Would like to wait. MacNab — Will officially continue this hearing until the 2nd Thursday in December. Action Continued until December 8 meeting. Vote N/A Page 3 of 4 Minutes for November 10, 2011, adopted Oct. 15, 2015 VI. CONCERNS FROM THE BOARD Motion to Adjourn: 4:43 p.m. Submitted by: Terry L. Norton Page 4 of 4