The meeting was opened at7:00 p.m. by Vice-Chair Mary Ann Gray. Also present were members Edward Sheehan, Ted Whittaker, Allen Ward, Health Agent Judith Giorgio, and Director of Health and Environment, Robert Duncanson. Members Ron Broman was absent.
The minutes of February 8, 2010 were approved as written at end of meeting.
Lighthouse Beach/North Beach Island;
Mary Ann Gray thanked Town Counsel Bruce Gilmore for attending the meeting to discuss the Boards questions regarding legal liabilities and responsibilities of posting signs, restricting swimming, and enforcement at the beaches.
Bruce Gilmore: Noted that he had received questions through Bob Duncanson via email prior to the meeting. The Board of Health must consider their jurisdiction when considering these issues. They are bound by 105 CMR 445. This regulation deals with bathing beaches, water quality and safety issues. It is definitely within the Boards purview to ban swimming if they feel the beach is unsafe, for example due to strong currents. The definition of a bathing beach in this regulation is “a beach open to the general public whether or not a fee is charged”. He stated that this implies that access must be provided. North Beach Island would not be considered an example of this, it historically has not been considered a town bathing beach, and will not be in the future. Access was through Orleans or by boat. Whereas the Nantucket Sound
Beaches can be accessed by car, are named and not considered hazardous. Many beaches are not guarded. Lighthouse Beach is a different case than North Beach. The nature of the beach has changed significantly since the breach, and safety has become a focus of the BOH. The Board can regulate, however, enforcement is problematic. The Board can determine what areas of the beach they consider safe or unsafe for swimming. Access to this beach is obtained through several locations and continued enforcement of the swimming bans will continue as last year. Signs must be large and clearly define the dangers and swimming bans.
Mary Gray: Last summers experience with enforcement and monitoring Lighthouse Beach was good, and worked well. She is concerned about the new break at North beach. It is not safe. Even though it is not considered a bathing beach should signs be posted to educate, and how should they be worded?
Bruce Gilmore: Warning signs can note the swimming ban in the designated area. The island conditions are different on the east and west sides. Sign should be posted designating where there is a ban and that no lifeguard on duty, swim at your own risk. Since North Beach is not considered a bathing beach by the Town regulating it is difficult. Law suits can and do happen, but if we take every reasonable step to protect the public it is acceptable. We can’t anticipate every situation or place signs everywhere, which is not reasonable.
Mary Gray: Is it possible to design a joint sign with park and recreation to address all concerns, and to be a warning as well as educational?
Bruce Gilmore: Yes signs can be important and he would be happy to help with the wording.
Edward Sheehan: What use are “no lifeguards on duty signs” such as you see on many unguarded beaches along the south shore?
Bruce Gilmore: These signs are implicit to mean “swim at your own risk”, but people will still sue.
Ted Whittaker: How much verbiage should be on these signs?
Bruce Gilmore: the signs should state first that dangerous conditions exist, and that the Town prohibits swimming in the area.
Ted Whittaker: How do we deal with locating the signs especially when there is private land involved?
Bruce Gilmore: This should be worked out with Parks and Recreation to determine a reasonable area to close, and signs should be posted at those areas.
Meredith Frye (park and Rec. Commissioner): The commission is working closely with the Chamber of Commerce to educate the public about the dangers at these beaches. They publish a pamphlet and Commerce Book which will identify beaches and their safe uses, i.e. swimming, walking. They are also working with the Harbormaster to require that transport companies that ferry beach goers to the island provide information about safety, and have customers sign a release.
Bruce Gilmore: Different departments have different jurisdictions over the beach. The Harbormaster as the permitting agency for boating can require this, and this would become a liability issue for the transport companies, not the town. Transports companies from out of town, i.e. Wequasset Inn, would not be regulated by us.
Meredith Frye: We are planning a meeting between the transport companies with park and recreation.
Edward Sheehan: Would the harbormasters actions imply that the beach use is allowed?
Bruce Gilmore: No, don’t think so. Changes within the Towns inter-municipal agreement have occurred and Chatham is not required to patrol the beach, only to monitor for shore bird nesting.
Sandy Wykoff (Chamber of Commerce): The Chamber wants to educate the public and to have input into the discussion. The town can use the libraries and schools to educate about beach safety. Also they can promote this through the hotels. We don’t want to deter tourism and to speak with one voice when we get feedback from the hotels and boat owners. Chamber is putting 2 pages in its booklet coming out soon, and also the web page will address this.
Bob Duncanson: The staff will work with Dan to come up with signage, to avoid duplication of signs.
Real Estate Transfers/Trusts:
Mary Gray: Received a letter from Martha Stone listing trusts and LLC s that were filed in January 2010. The Board needs to talk about how we can enforce the requirement in the regulations for an inspection. She suggests that one way to approach this is to educate the local lawyers who are setting up trusts. We could send them a letter about the revised regulation and the requirement for inspections when someone is added to a trust.
Judy Giorgio: Went through the list Martha provided and found it difficult to understand. Trustees are not listed, and most were between husband and wife. Many on the list were not in Chatham at all.
Ed Sheehan: Stated that this issue has come up in past discussions and he recalls that the lawyers have not been able to agree as to how we could enforce this or get this information easily.
Norm Pacun (audience member): Norm agreed that it is difficult to know who are trustees because only the primary trustees are listed. He also recalls discussing this issue, as he has been part of these discussions all along. He feels that education of the lawyers and realtors is important and that they would be open to the information. He feels that the primary concern is to achieve compliance and not to penalize people.
Mary Gray: Agreed and would like to have a letter drafted to send out.
Ted Whittaker: Agreed that this would be proactive with out being confrontational.
Ed Sheehan: Motion to have a letter drawn up to send out to lawyers.
Unanimous.
Other Business:
Judy mentioned that 10 Henshaw Dr. is not connected to town sewer and should have been part of the last round of sewer connections ordered. She will put this on the agenda for discussion at the next meeting.
Mary Gray asked if anyone would be attending the MHOA infectious disease training. Ed and Ted said they will attend with her. Judy will sign them up.
Adjourned: 8:05p.m.
Approved: March 8, 2010
| 
