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' :. _. i 5 _ t; h �. � ., � ..': 'S's r t , � .� n .n e t,• , - .•'�; "` � arm l: � *' - " - .. ,. y .. , �� � �. ,. � ,. ,• . �. , ,. ,, ,: - r� w s r.,- „ :. a .. a . ,. • � - � ,. kin _� _ � �_ � � - -� � .. ,.. ,. �. r` r ,.. r Town of Barnstable "9. ,�� Board of Health RFD hAA't A , 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Donald A.Guadagnoli,M.D.. FAX: 508-790-6304 John Norman F.P(Tom)Lee P.E.,Alternate November 2, 2018 Leeane Moulthrop, Manager TFG Hyannis Hospitality, LLC d/b/a Resort_and-Conference Center 35 Scudder Lane Hyannis, MA 02601 L RE: BOARD-OF HEALTH DECISION/:Show-Cause Hearing Held Dear Ms. Moulthrop: You are hereby warned that the semi-public swimming pool permit issued to the Resort and Conference Center, 35 Scudder Lane Hyannis may be suspended or revoked in the future if no lifeguard is present in the pool area when the swimming pool is open. On October 23, 2018,the Board of Health held show-cause hearing regarding a near-drowning incident which occurred at the Resort and Conference Center. Responding officers reported there was no lifeguard present in the pool area at the time of the incident. During the hearing, the owner/operator testified that in the future, a lifeguard will be provided at all times whenever the swimming pool is open. If a lifeguard needs to leave the swimming pool, area, the swimming pool will be immediately closed if there is no back-up lifeguard is available. { The owner/operator also testified the emergency telephone in the pool area has been replaced with a new phone that allows for two-way conversation with a 911 operator. At the conclusion of the hearing, the Board voted unanimously to issue you a written warning. You are warned that in the future, your permit to operate a swimming pool may be suspended or revoked if there is no lifeguard present in the swimming pool area when the pool is open.: PER ORDER OF THE BOARD OF HEALTH Donald A. Guadagnol' D. Acting Chairman i Q:\WPFILES\Pool Resortand Conference Center Warning ShowCause Hearing 2018.docx e 'fF1E T 9RARMASS. Town of Barnstable s639. ♦0 4'plEo��a Inspectional Services Public Health Division Thomas McKean,Director 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 October 10, 2018 Leeane Moulthrop, Manager TFG Hyannis Hospitality, LLC d/b/a Resort and Conference Center 35 Scudder Lane Hyannis, MA 02601 R. :Resort:and Conference Center ` NOTICE TO'APPEAR BEFORE THEBOARDOF HEALTH � h .1 Ti7ESDAY October 23, 2018; d ! t..y. . , r Dear Ms. Moulthrop: On or about September 22, 2018, there was a near-drowning incident which occurred at the Resort and Conference Center. According to the responding officers, there was no lifeguard present in the pool area. Therefore, you are hereby notified that you are scheduled to appear before the Board of Health on Tuesday, October 23, 2018 at 3:00 p.m. at the Town Hall Building, second floor, Hearing Room, 367 Main Street,Hyannis.. During this hearing, you will be given an opportunity to provide testimony, witnesses, and official documentation regarding the presence of lifeguard(s) at the indoor semi- pubic swimming pool. PER ORDER OF THE BOARD OF HEALTH as McKean, RS, CHO Director of Public Health Q:\Order letters\SHOW CAUSE Letters and Samples\ResortandConferenceCenter Pool Oct2018.docx {�1 McKean, Thomas From: Deputy Dean Melanson <dmelanson@hyannisfire.org> Sent: Monday, October 08, 2018 4:13 PM To: McKean, Thomas Cc: Stanton, David; Miorandi, Donna Subject: Re: Resort and Conference Center Near Drowning Hi Tom, I have reviewed the HyFD records and finally was able to catch up with Captain Huska to review the call. As you know, I cannot give you the report as it is a patient care report and this would be a Hippa violations. Cl did speak with the members-andl ere was no one there was identified as a lifeguard by our crew./Bystanders stated they made The rescue and did not mention a lifeguard. Barnstable Police were on scene first, maybe Officer Gallant can do some research for you on what they found. Deputy Chief Dean L. Melanson Hyannis Fire Department 95 High School Road Extension Hyannis MA 02601 Office 508-775-1300 Fax 508-778-6448 dmelanson@hyannisfire.org From: Thomas McKean <Thomas.McKean @town.barnstable.ma.us> Date: Wednesday, September 26, 2018 at 9:09 AM To: Dean Melanson <dmelanson@hyannisfire.orR> Cc: David Stanton <David.Stanton@town.barnstable.m a.us>, Donna Miorandi <Donna.Miorandi@town.barnstable.ma.us> Subject: Resort and Conference Center Near Drowning Hello Dean, Captain Huska is on HN video indicating there was a near drowning and there was no lifeguard present. May we have a copy of the Fire Department's report regarding the near drowning at the Resort and Conference Center on or about September 22nd? Our Board of Health continues to require a lifeguard at this location. 1 tY, Barnstable Police Department Page: 1 NARRATIVE FOR PTL. CATARINA M PARACHE Ref: 18-1859-OF Entered: 09/22/2018 @ 2214 Entry ID: 268 Modified: 09/22/2018 @ 2311 Modified ID: 268 On 09/22/2018 I was assigned to uniformed patrol in marked cruiser E226 assigned to the Hyannis sector. At approximately 2015 hrs,I was dispatched to the Hyannis Resort and Confrence Center at 35 Scudder Ave for a report of a drowning. While en route,dispatch relayed that the subject was breathing. Upon arrival, hotel staff directed me into the pool area. Once inside, I found the victim,later identified as Stephanie NICKERSON.NICKERSON-was lying on her side outisde of the pool with her feet still imthe hot tub. I could hear that NICKERSON was in and I updated dispatch and asked the next responding officer to bring a medical bag. NICKERSON was . She had no medical alert jewelry. I felt a -and moved her to her back and got her feet out of the water.NICKERSON coloring improved from blue to a blush but she was still-.A male companion,later identifed as_ FALVEY, stated that he was unaware of any medical conditions she may have.He stated that she had been drinking but didn't know if she had taken anything else. _BONAIUTO,_-was still on the phone with 911. BONAITUO was willing to provide medical treatment for NICKERSON but he did not recognize that NICKERSON'S was a symptom of Ptl Fullam arrived on scene.We attempted to employ the ambu bag to deliver rescue breaths to NICKERSON but found that there was no ambu bag in Ptl Fullam's sealer medical bag. A member of HFD arrived on scene and he was able to for NICKERSON.After approximately one minute of receiving NICKERSON started to rouse. An ambulance team ftom HFD arrived shortly after and took over care of NICKERSON. She was transported to CCH by HFD. I spoke with witness M SAVAGE. SAVAGE stated that he was in the hot tub with NICKERSON and noticed that she was bobbing in the water. He stated he thought that she was just trying to relax but then noticed that she wasn't pulling herself up after being sumberged in the water for approximately one-minute. SAVAGE stated that he pulled NICKERSON from the water and layed her on her side with the help of others around. SAVAGE stated that he normally used the hot tub at the hotel several times a week and thought it was hotter than normal. �I spoke with 130NAITUO=He stated that he had stepped outside the pool area for approximately 30 seconds to use the bathroom�He-stated-that-nothing was-abnormatwheri he`left-but when he returned,NICKERSON was lying -outside-of-the hot tub.He stated that she was breathing and but began He stated he called 911 and waited for assistance.BONAITUO stated that the water level in the hot tub was slightly higher than normal beucase they had been running a hose in it in an attempt to lower the temperature of the water, which he stated was slightly above what it normally was. I spoke again with FALVEY.He stated that he and NICKERSON work together at��,a local bed and breakfast. He stated that NICKERSON had been drinking and they drove to the hotel together.He statetd that he was swimming laps in the swimming pool and NICKERSON was in the hot tub area.He stated that SAVAGE alerted him to NICKERSON and asked for helped as he pulled her out of the water.FALVEY stated that I Barnstable Police Department Page: 2 NARRATIVE FOR PTL. CATARINA M PARACHE Ref: 18-1859-OF Entered: 09/22/2018 @ 2214 Entry ID: 268 Modified: 09/22/2018 @ 2317 Modified ID: 268 NICKERSON and they layed her on her side in the recovery position. FALVEY brought me to NICKERON'S car and he was able to secure. He retrived a pink purse and asked me to bring it to NICKERSON in the hospital. Hotal Manager Harrion AGUTAR arrived on scene ** Portions of this report have been redacted ** X 1. Barnstable Police Department Page: 1 Case Report 09/26/2018 Incident #: 18-1859-OF - - Call #: 18-43729 Date/Time Reported: 09/22/2018 2015 �w Report Date/Time: 09/22/2018 2210 Status: No Crime Involved Reporting Officer: PTL. CATARINA PARACHE Signature: LOCATION TYPE: Hotel/Motel/Temp. Lodgings Zone: HYA1 RESORT & CONFERENCE CENTER AT HYANNIS 35 SCUDDER AVE HYANNIS MA 02601 1 DROWNING PHONE 1 NICKERSON, STEPHANIE Y F W 48 288 SCUDDER AVE HYANNIS MA 02601 DOB; EMPLOYER: BOBBY BYRNES HYANNIS ETHNICITY: Not of Hispanic Origin RESIDENT STATUS: Resident VICTIM CONNECTED TO OFFENSE NUMBER(S) : 1 I �1Hf rpy_ Town of Barnstable ' R` MAS& � " Regulatory Services .�� Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 October 11, 2018 NEAR DROWNING INCIDENT INVESTIGATION REPORT On September 27, 2018, Donna Z. Miorandi, R.S., Health Inspector, for the Town of Barnstable, investigated a near drowning incident, in the hot tub, of the Resort & Conference Center located at 35 Scudder Avenue, Hyannis. This incident occurred at approximately 8:00 pm on the evening of September 22, 2018. My investigation indicates that there was a CERTIFIED LIFEGUARD on duty that evening. The certified lifeguard's name is Cameron Bonaiuto and his certificate shows that he completed it on January 25, 2017 and does not expire until January 25, 2019. However, Cameron Bonaiuto was not in attendance at the hot tub or pool at the time of the incident due to the fact that he left to drop off his dinner plate in the kitchen and then go to the men's room down the hall. This is a statement directly from his incident report on September 23, 2018. Cameron's report indicates that he was gone for no more than 30 seconds. This is where I bey to differ as I believe it takes more than 30 seconds to go to the kitchen and then to the bathroom and back to the pool. Cameron has indicated that at the time of the incident he ran downstairs to the" health club" to get help but it was closed so he then called from his personal cell phone. The pool does have an"EMERGENCY CALL STATION", however, Cameron did not know for some reason that it existed. There is another phone at the lifeguard desk but, that does not work properly and the signage on phone indicates to call hotel number to call club. This is not a direct dial phone. During my investigation, the chief engineer, Jeff Stevens and myself, tried to test the EMERGENCY CALL STATION. It appeared to us that it was not working as we heard nothing from this call station indicating that it was working. We tried this three (3) times. It was fifteen (15) minutes later that Leeanne Moulthrop, General Manager, of the hotel came to the pool and asked us if someone was calling"911" as the front desk was getting a call. We told her yes but that was again about 15 minutes ago. Q: order letters-POOL —HOT TUB VIOLATIONS-Resort & Conference Center 10-11- 2018.DOC As a result of my investigation I am having them change their "EMERGENCY CALL STATION" to a red emergency phone that automatically dials 911 when it is picked up. As of October 1, 2018, the red phone was on site and the hotel was waiting to have Verizon come and hook it up. Donna Z. Mioran S. Enclosures: Copy of Cameron Bonaiuto Certified Lifeguard certificate Copy of hotel incident report and Cameron Bonaiuto incident report Picture of existing "EMERGENCY CALL STATION" Picture of black phone at lifeguard desk. Copy of Donna Miorandi's inspection report of 9/27/2018 Copy of new emergency phone proposal Q: order letters-POOL —HOT TUB VIOLATIONS-Resort & Conference Center 10-11- 2018.DOC American Red Cross Certificate of Completion Cameron Bonaiuto has successfully completed requirements for Lifeguarding/First Aid/CPR/AED- valid 2 Years conducted by American Red Cross 0 � Date Completed: 01/25/2017 Instructors: Wendy Pierce, Benjamin Daniel Carlson, Elisa Sullivan Certificate ID:GU4711 To verify,scan code or visit: red cross.or /confirm Miorandi, Donna From: Rosemary McCaffery <caperose026@gmail-com> Sent: Thursday, September 27, 2018 2:30 PM To: Miorandi, Donna Subject: Fwd: Incident at our Hot Tub, and new Memo Sent from my iPhone Begin forwarded message: From: Harry Aguiar<hagya ug_ iarQgmail.com> Date: September 23, 2018 at 6:25:29 PM EDT To: Cameron Bonaiuto <cambonwado19989,gmail.com>, "Ccru silva22gyahoo.com" <Ccru silva222yahoo.com>, Losang Tamang<losangtamangl23@gmail.com>, Mikail Tekten <mikailtekten@gmail.com>, Rosemary McCaffery<caperose0262gmail.com>, "Sharongoodwin123(cr��yahoo.com" <Sharongoodwinl23gyahoo.com>, "bellamcnamara@comcast.net" <bellamcnamaragcomcast.net>, "chime.3613Qyahoo.com" <chime.3613gyahoo.com>, "jeehhaguiar2015gg�mail.com" <jeehhaguiar2015(aggmail.com> Cc: Jodie Holmes <jholmes.atlantis@gmail.com>, Tracy Kearney <tracy.atlantisggmail.com> Subject: Incident at our Hot Tub, and new Memo Hello everyone, As all of you probably know by now, we had an incident last night at our hot tub. So, from now on, these are some policies that I need emphasize with all of you: Lifeguard Memo: I would like to take this opportunity to reemphasize some of our existing polices • If you need to leave the pool area for any reason, the pool area should be vacated and locked with a notice it will open upon your return; and no one is to enter during that time. THIS INCLUDES IF YOU NEED TO USE THE RESTROOM TOO. • All persons entering the pool area should sign in and be identified as a member or guest. (Jodie and I are trying to figure out a way everyone can check in even if they don't go downstairs.) • if any incident happens during your shift an incident report should be filled out and sent to me, a call given to the party and f/up report filled out seven days prior to incident. • If you are on a personal FB/ game/ email etc., and not attending to the pool you will be written up on the spot • All guards must find coverage for their shifts if they can not make it in. Thank you to adhering to all of the guard safety rules and regulations. Remember our number one job is to keep our members and guests safe! i I And please take a minute to read what happened last night. I just want to point out that the Policewoman, who first responded the call, and even the member, who had the guest over, said that Cameron did a great job last night. Ps. Don't be believe in everything you see on the news Cameron Bonaiuto 9/23/18 On Saturday September 23 2018 at 7: 40 the man and the lady entered the pool and said hi to me. They then proceeded to leave the pool for about 10 minutes 7:50 They came back to the pool. I talked to them about working at the cape codder. we talked about 15 min. 8:05 We stopped talking the man went into the pool and began swimming laps, the lady went into the hot tub. 8:081 had to go to the bathroom and brought my dinner plate to the kitchen. the bathroom in the pool was being used so I went to the one down the hall. I was gone no more than 30 seconds. On my way back to the pool it was brought to my attention that the lady had passed out and was pulled out of the hot tub by the man she was with and she was put on the pool deck. I ran over to her and check her pulse and she appeared to be breathing so no CPR was needed at that time i realize now that I should have done rescue breaths but i didn't think of it at the time of incident. I left her in the recovery incise she threw up the water she took in. I ran down stairs to get help but the gym was closed since it was after 8:OOpm so i ran to the front desk and told them to call 911. When she was in the recovery position she had thrown up the water that was in her lungs. 8:11 I called 911 form my phone and told them what was going on and i told them where we were and they said they were sending paramedics 8:15 The female police officer arrived on scene. We rolled the victim over on her back and she started foaming from the mouth. The police officer started using a bag valve mask on her to get air into her lungs because she had stopped breathing when the police got there but she had a pulse but was unresponsive 8:18 Paramedics arrived and put her in a stretcher and got her to be responsive and in stable condition and took her into the ambulance. I was told by the female officer that she has symptoms of an apparent drug overdose. i wasn't trained to deal with drug overdoses so did what i was trained to do. 8:30 The lady had been taken away to the hospital. The female cop that showed up on scene first took down my statement. the man the female was with told me that they had been drinking before they had came and swam in the pool. today Cali confirmed that the man came down stairs to check into the gym at around 7:40 when she was cleaning the treadmills and told him the gym and locker rooms close at 8pm and he was by himself and didn't have a guest with him. conclusion is that the man snuck her into the pool with out permission/ without getting a waiver signed or paying for a guest pass The mans name is Chris Falvey he is a member of the gym. still do not know the lady's name yet. 2 E t- �1 d Y �4 rj •._ i �Fe � I Al Ijy� a Oli r; �GiI In d 11Y CO it 14 - Y � y { 1 t mo 00 0 ` t a 0 El � � 00 0 � I y `d a .sue- L`r v fi 2-46 t g F r � a kJ { r - VN k. f k �r 1 �+ fR Town of Barnstable 200 Main Street Hyannis,MA Tel. 508 862-4644 s�xxsTea�, Y ( ) TEDMAt� INSPECTION REPORT Permit: Health - Pool Use: Special Purpose (Hot Tub, Whirlpool, etc.) Date: 9/28/2018 3:10 PM Inspector: miorandd Permit Number : PO-17-52 Name: TFG HYANNIS HOSPITALITY LLC Address: 35 SCUDDER AVENUE, HYANNIS Unit No. Inspection Type Inspection Item Status Comment Pool - Special H -003. Adequate PASS Purpose enclosure around pool, Gate self-latching 4 ft. above ground Pool - Special H -003. Bathhouse and PASS Purpose sanitary facilities adequate lighting, ventilation, sanitary condition Pool - Special H -004. Sewage PASS Purpose Disposal Pool - Special H -005. Location, PASS Purpose structural stability and finish Pool -Special H -008. Special PASS Purpose purpose pool equipped with emergency shut-off pump switch, and accessible and prominently marked Pool -Special H -013. Walkways& PASS Purpose Decks 4 ft. wide, safe condition Pool - Special H -014. Ladders, steps PASS Purpose -one per 75 ft, not less than 2 ladders (recessed stair steps may be substituted for ladders) Pool -Special H - 017. Pool PASS Purpose supervision provided, CPO w/proper training, on staff or on contract. Documentation provided R Inspector Signature Owner Signature Total Score: 100 Town of Barnstable U WUMBLE, II 200 Main Street,Hyannis,MA Tel.(508)862-4644 A t6_19. MAYL INSPECTION REPORT Pool - Special H - 022. Health NIC No showers being taken due to cold water. Hotel is working Purpose regulations sign posted on this problem and has been for a couple of months. ("All persons are required to take a cleansing shower bath before entering the pool" and "No person with a communicable disease is allowed to use the pool") Pool - Special H -022. Health PASS Purpose regulations sign posted for SPP (A-F) and clock present Pool -Special H -025. Emergency NIC Emergency phone in my opinion is not adequate due to not a Purpose communication system two-way system. Lifeguard on duty on 9/22/18 did not know it at the pool (must be was there. Facility in my opinion needs emergency drill landline, no cell phones) training. Phone is going to be upgraded soon per engineer. and in working order. Emergency communication device in unlocked area and available at all times to staff and the public. Operating instructions and emergency numbers posted Pool - Special H -025. First aid PASS Could use a new CPR mask in my opinion..A one-way valve Purpose equipment provided and CPR mask. first aid kit complete Pool - Special H -029. Alkalinity (50- PASS 10 ppm Purpose 150 ppm) Pool -Special H - 029. Combined NIC 0.6 too high. Facility needs better ventilation and bathers to Purpose Chlorine (if Chlorine take pre-cleansing showers to aid in this problem sanitizer used) (0.0-0.2 ppm) Pool,- Special H -029. Free Chlorine PASS 4.2 Purpose (if Chlorine sanitizer used) (1.0-3.0 ppm) Pool -Special H -029. Frequency of PASS Purpose Testing (minimum 4 times per day or if electronic monitoring device 1 time per day) (alkalinity and Calcium hardness 1 time per week) Pool -Special H -029. pH (7.2-7.8) NIC 8.0. High and is adjusting. Purpose 0 Inspector Signature Owner Signature Total Score: 100 F,"Er°w0 Town of Barnstable 200 Main Street,Hyannis,MA Tel. 508 862-4644 a�errsrws[.E. Y ( ) 9�0 116 9 `�0 TEbMA& INSPECTION REPORT Pool - Special H -031. Water Clarity: PASS Purpose Can see 6" black disk at bottom of pool. Pool -Special H -032. Special PASS Purpose Purpose pool drained & cleaned every 14 days minimum Pool -Special H -033. Thermostatic PASS On this date 1/27/18 the hot tub was 102.2 so I'm but records Purpose control provided for each so th is facility has gone to 106 which is too high. SPP. Thermostatic control only accessible to the pool operator. Special Purpose pool shall not exceed 1040 F Pool - Special H -034. POOL MUST NIC Pool has not been closed when not in balance. Lifeguards get Purpose BE CLOSED UNTIL IT pressure from Athletic Club to keep it open and not shut it MEETS 105 CMR down. 435.29 through 435.31. If pool is closed by a Health Inspector or other agent of B.O.H., the pool shall remain closed until the Health Inspector re- opens the pool IN WRITING Inspection Overall Comment: This tablet inspection is being done post 9/27/18 paper inspection and post near drowning incident on 9/22/2018 at approximately 8 pm in hot tub. Police and Hyannis Fire Department have been involved. Overall Inspection Status: PASS Re-Inspection Date: 0 Inspector Signature Owner Signature Total Score: 100 I J t IC PROKE WILL DIAL f. v _ ; r a. UT It) 11 AP ' it i�. — �- _ - -; \is• 4+ • a + •��r" t I r rp *46 � � III .�.�� �.� ��i• L R{ d 'I SENDER: COMPLETE THIS SECTION COMPLETE THIS SEC rION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature* ■ Print our name and address on the reverse ❑Agent y X`' a T , -- so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed NaMe), C. Date of Dell ry or on the front if space permits. I 73 - 1. Article Addressed to: D. Is delivery address different from item 11 A Yesi Aq a if YES,enter delivery address below: 0 Nc ' /O //►np) 3. Service T e " YP ❑Priority Mail Express@ Il I'III'I IIII lIi l I i l I I Il II IIIII I'll'I I illl I III ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery O Registered Mail Restricted Wertified Maile Delivery 9590 9403 0922 5223 8280 35 ❑Certified Mail Restricted Delivery um RT�'eeipt for O Collect on Delivery M rctlan('9se A_rticle Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery q`;gnature ConfirmationP" x _S -- —--- ,p.i .rngajl ❑Signature Confirmation 7 01'S 15`2 0 {0 0 01 f 2 2 7 3 3�ir 5 9 t DZd D'il Restricted Delivery Restricted Delivery PS F Form 811.July 2015 PSN 7530-02-000-9053 Domestic Return Receipt. USPS TRACKING# ;;�T_...... '•- ,:,: F►rst- assaM9it I 9590 9403 0922 5223 8280 35 United States •Sender:Please print your name,address,and ZIP+4®in this.box• Postal Service I � I SOTown of Barnstable. Health Division 200.Main Street 'N Hyannis,MA 02601 I I� � 11 � 1111 NIt� i � i�i I I Cr ; U'11 w.. M OFFICIAL USE N Certified Mail Fee nj $ 1cn ru Extra Services&Fees(check bar,add fee as gppropdate) ❑Return Receipt(hardcop» $ ❑Return Receipt(electronic) $ Postmark ❑Certified Mail Restricted Delivery $ Here faJlk �. r ❑Adult Signature Required $ ❑Adult Signature Restricted DeUvery$ o Postage ru Total Postage and Fees � t!M q S\� ul 0 ------- :rr r rr rrr•r. Certified Mail service provides the following benefits: ■A receipt(11,tlis portion of the Certified Mail label).' for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. , associate for assistance.To receive a duplicate ■Electronic verifiration of delivery or attempted return receipt for no additional fee,present this deliv ry. USPS®-postmarked Certified Mail receipt to the ■A heard of delivery(including the recipients retail associate. signature)that is retained by the Postal Service- Restricted delivery service,which provides for a specified pe(iod. delivery to the addressee specified by name,or to the addressee's authorized agent Important Reminders: Adult signature service,which requires the ■You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority Mails service. Adult signature restricted delivery service,which ■Certified Mail service is notavailable for requires the signee to be at least 21 years of age international mail. and provides delivery to the addressee specified ■Insurance.coverage is notavailable for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service'does not change the ' ■To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark If you would like a postmark on ■For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office-for the following services: ,-� postmarking.If you don't need a postmark on this -Return receipt service,which provides a record ' Certified Mail receipt,detach the barcoded portion J of delivery(including the recipient's signature). of this label,afro it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. , electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt attach PS Form 3811 to your mailpiece; IMPORTANT.Save Oils receipt for your records. PS Form 3800,April 2015(Reverse)PSN 7530-02-000-9047 - Town of Barnstable F^RNST^BMASS. Regulatory Services fa ' � Richard V. Scali Director r� Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 February 22, 2016 TFG Hyannis Hospitality LLC 35 Scudder Avenue Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 435.000, STATE SANITARY CODE, MINIMUM STANDARDS FOR SWIMMING POOLS AND THE TOWN OF BARNSTABLE CODE, § 378-1 AND � 378-2 The indoor hot tub located at-35 Scudder Avenue, Hyannis, MA, also known as The Resort & Conference Center has a hot tub that does not meet,code and presents a hazard to the public. The following violations of State Sanitary Code were observed: REGULATION 435.05 (4): Location: Structural Stability, Finish The finish of the walls and floors of every swimming, special purpose and wading pool shall be of concrete, cement, mortar, tile, paint, vinyl liner, fiberglass or other inert and impervious material, shall be reasonably enduring, shall be moderately smooth and free from cracks, and shall be of light color. The hot tub has many missing tiles and is not free from cracks, nor is it moderately smooth. This problem has been mentioned in the past by previous health inspectors; however, the condition of this hot tub has deteriorated. You are therefore, ordered to close this hot tub and repair within two weeks (14 days) of receipt of this letter. TOWN OF BARNSTABLE CODE: Chapter 378 -1 and Chapter 378-2. § 378-1 REQUIRES MONTHLY TESTING OF SWIMMING POOLS, HOT TUBS, JACUZZIS AND WHIRLPOOLS MONTHLY FOR COLIFORM BACTERIA. Your hot tub has not been tested monthly for coliform as required. § 378-2 REQUIRES TESTING EVERY TWO MONTHS FOR PSEUDOMONAS BACTERIA. Q: order letters-Resort& Conference Center 2-22-16 r M Your hot tub was last tested Dec. 10 2015 and previous to that it was tested in July of 2015. This does not meet the requirements. You are hereby ordered to resume testing and continue as required so as to meet the standards mentioned above. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance could result in a fine of up to $100.00. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH T omas A. McKean, R.S. Director of Public Health Town of Barnstable CERTIFIED MAIL: 7015 1520 0001 2273 3159 Q: order letters-Resort & Conference Center 2-22-16 t A BARNSTABLE, 6 a 1�g Town of Barnstable Inspectional Services Public Health Division Thomas McKean, Director 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 October 10, 2018 Leeane Moulthrop, Manager TFG Hyannis Hospitality, LLC d/b/a Resort and Conference Center 35 Scudder Lane Hyannis, MA 02601 RE ; Resort and Conference Center w l < " � E `X'� r' y E NOTICE TO`APPEAR BEFORE THE BOARD70F.HEALTI s � Y '.TMESD'AY October 23,�2U18;3 00 PM f> i Dear Ms. Moulthrop: On or about September 22, 2018, there was a near-drowning incident which occurred at the Resort and Conference Center. According to the responding officers,there was no lifeguard present in the pool area. Therefore, you are hereby notified that you are scheduled to appear before the Board of Health on Tuesday, October 23, 2018 at 3:00 p.m. at the Town Hall Building, second floor, Hearing Room, 367 Main Street, Hyannis.. During this hearing, you will be given an opportunity to provide testimony, witnesses, and official documentation regarding the presence of lifeguard(s) at the indoor semi- pubic swimming pool. PER ORDER OF THE BOARD OF HEALTH as McKean, RS, CHO Director of Public Health Q:\Order letters SHOW CAUSE Letters and\ Samples\ResortandConferenceCenter Pool Oct2018.docx McKean, Thomas From: Deputy Dean Melanson <dmelanson@hyannisfire.org> Sent: Monday, October 08, 2018 4:13 PM To: McKean, Thomas Cc: Stanton, David; Miorandi, Donna Subject: Re: Resort and Conference Center Near Drowning Hi Tom, I have reviewed the HyFD records and finally was able to catch up with Captain Huska to review the call. As you know, I cannot give you the report as it is a patient care report and this would be a Hippa violations. I did speak with the members and there was no one there was identified as a lifeguard by our crew. Bystanders stated they made The rescue and did not mention a lifeguard. Barnstable Police were on scene first, maybe Officer Gallant can do some research for you on what they found. Deputy Chief Dean L. Melanson Hyannis Fire Department 95 High School Road Extension Hyannis MA 02601 Office 508-775-1300 Fax 508-778-6448 dmelanson@hyannisfire.org From: Thomas McKean <Thomas.McKean @town.barnstable.ma.us> Date: Wednesday, September 26, 2018 at 9:09 AM To: Dean Melanson <dmelanson@hyannisfire.or > Cc: David Stanton <David.Stanton@town.barnstable.m a.us>, Donna Miorandi <Donna.Miorandi town.barnstable.ma.us> Subject: Resort and Conference Center Near Drowning Hello Dean, Captain Huska is on HN video indicating-there was a near drowning and there was no lifeguard present. May we have a copy of the Fire Department's report regarding the near drowning at the Resort and Conference Center on or about September 22nd? Our Board of Health continues to require a lifeguard at this location. 1 L - Barnstable Police Department Page: 1 NARRATIVE FOR PTL. CATARINA M PARACHE Ref: 18-1859-OF Entered: 09/22/2018 @ 2214 Entry ID: 268 Modified: 09/22/2018 @ 2317 Modified ID: 268 On 09/22/2018 I was assigned to uniformed patrol in marked cruiser E226 assigned to the Hyannis sector, At approximately 2015 hrs,I was dispatched to the Hyannis Resort and Confrence Center at 35 Scudder Ave for a report of a drowning. While en route,dispatch relayed that the subject was breathing, Upon arrival, hotel staff directed me into the pool area. Once inside, I found the victim,later identified as Stephanie NICKERSON.NICKERSON was lying on her side outisde of the pool with her feet still in the hot tub. I could hear that NICKERSON was in and I updated dispatch and asked the next responding officer to bring a medical bag. NICKERSON was . She had no medical alert jewelry. I felt a -and moved her to her back and got her feet out of the water.NICKERSON coloring improved from blue to a blush but she was still-.A male companion,later identifed as_ FALVEY, stated that he was unaware of any medical conditions she may have.He stated that she had been drinking but didn't know if she had taken anything else. _BONAIUTO, was still on the phone with 911. BONAITUO was willing to provide medical treatment for NICKERSON but he did not recognize that NICKERSON'S was a symptom of Ptl Fullam arrived on scene.We attempted to employ the ambu bag to deliver rescue breaths to NICKERSON but found that there was no ambu bag in Ptl Fullam's sealer medical bag. A member of HFD arrived on scene and he was able to for NICKERSON, After approximately one minute of receiving NICKERSON started to rouse. An ambulance team from HUD arrived shortly after and took over care of NICKERSON, She was transported to CCH by HFD. I spoke with witness_SAVAGE. SAVAGE stated that he was in the hot tub with NICKERSON and noticed that she was bobbing in the water. He stated he thought that she was just trying to relax but then noticed that she wasn't pulling herself up after being sumberged in the water for approximately one'minute. SAVAGE stated that he pulled NICKERSON from the water and layed her on her side with the help of others around. SAVAGE stated that he normally used the hot tub at the hotel several times a week and thought it was hotter than normal. I spoke with BONAITUO. He stated that he had stepped outside the pool area for approximately 30 seconds to use the bathroom. He stated that nothing was abnormal when he left but when he returned,NICKERSON was lying outside of the hot tub.He stated that she was breathing and but began �. He stated he called 911 and waited for assistance.BONAITUO stated that the water level in the hot tub was slightly higher than normal beucase they had been running a hose in it in an attempt to lower the temperature of the water, which he stated was slightly above what it normally was. I spoke again with FALVEY.He stated that he and NICKERSON work together at , a local bed and breakfast. He stated that NICKERSON had been drinking and they drove to the hotel together.He statetd that he was swimming laps in the swimming pool and NICKERSON was in the hot tub area.He stated that SAVAGE alerted him to NICKERSON and asked for helped as he pulled her out of the water.FALVEY stated that 4�4 Barnstable Police Department Page: 2 t NARRATIVE FOR PTL. CATARINA M PARACHE Ref: 18-1859-OF Entered: 09/22/2018 @ 2214 Entry ID: 268 Modified: 09/22/2018 @ 2317 Modified ID: 268 - ----------------------------- - NICKERSON and they layed her on her side in the recovery position. FALVEY brought me to NICKERON'S car and he was able to secure. He retrived a pink purse and asked me to bring it to NICKERSON in the hospital. Hotal Manager Harrion AGUTAR arrived on scene ** Portions of this report have been redacted ** 6-1 Barnstable Police Department Page: 1 t Case Report 09/26/2018 Incident #: 18-1859-OF - Call #: 18-43729 Date/Time Reported: 09/22/2018 2015 Report Date/Time: 09/22/2018 2210 Status: No Crime Involved Reporting Officer: PTL. CATARINA PARACHE Signature: LOCATION TYPE: Hotel/Motel/Temp. Lodgings Zone: HYA1 RESORT & CONFERENCE CENTER AT HYANNIS 35 SCUDDER AVE HYANNIS MA 02601 1 DROWNING # VICTIM(S) SEX RACE AGE PHONE 1 NICKERSON, STEPHANIE Y F W 48 288 SCUDDER AVE HYANNIS MA 02601 EMPLOYER: BOBBY BYRNES HYANNIS ETHNICITY: Not of Hispanic Origin RESIDENT STATUS: Resident VICTIM CONNECTED TO OFFENSE NUMBER(S) : 1 I r r r A }{ Fj S A { _ AI�NPAIfi.#AW1 f r 1 i y F 1 Y' i i ii 1 R � i { i" e E Town of Barnstable ` R' MASS Regulatory Services � Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 October 11, 2018 NEAR DROWNING INCIDENT INVESTIGATION REPORT On September 27, 2018, Donna Z. Miorandi, R.S., Health Inspector, for the Town of Barnstable, investigated a near drowning incident, in the hot tub, of the Resort& Conference Center located at 35 Scudder Avenue, Hyannis. This incident occurred at approximately 8:00 pm on the evening of September 22, 2018. My investigation indicates that there was a CERTIFIED LIFEGUARD on duty that evening. The certified lifeguard's name is Cameron Bonaiuto and his certificate shows that he completed it on January 25, 2017 and does not expire until January 25, 2019. However, Cameron Bonaiuto was not in attendance at the hot tub or pool at the time of the incident due to the fact that he left to drop off his dinner plate in the kitchen and then go to the men's room down the hall. This is a statement directly from his incident report on September 23, 2018. Cameron's report indicates that he was gone for no more than 30 seconds. This is where I beg to differ as I believe it takes more than 30 seconds to go to the kitchen and then to the bathroom and back to the pool. Cameron has indicated that at the time of the incident he ran downstairs to the"health club"to get help but it was closed so he then called from his personal cell phone. The pool does have an "EMERGENCY CALL STATION", however, Cameron did not know for some reason that it existed. There is another phone at the lifeguard desk but,that does not work properly and the signage on phone indicates to call hotel number to call club. This is not a direct dial phone. During my investigation,the chief engineer, Jeff Stevens and myself, tried to test the EMERGENCY CALL STATION. It appeared to us that it was not working as we heard ' nothing from this call station indicating that it was working. We tried this three (3)times. It was fifteen(15) minutes later that Leeanne Moulthrop, General Manager, of the hotel came to the pool and asked us if someone was calling"911" as the front desk was getting a call. We told her yes but that was again about 15 minutes ago. Q: order letters-POOL —HOT TUB VIOLATIONS-Resort & Conference Center 10-11 2018.DOC i As a result of my investigation I am having them change their "EMERGENCY CALL STATION" to a red emergency phone that automatically dials 911 when it is picked up. As of October 1, 2018,the red phone was on site and the hotel was waiting to have Verizon come and hook it up. J / Donna Z. Miorandi, R. Enclosures: Copy of Cameron Bonaiuto Certified Lifeguard certificate Copy of hotel incident report and Cameron Bonaiuto incident report Picture of existing"EMERGENCY CALL STATION" Picture of black phone at lifeguard desk. Copy of Donna Miorandi's inspection report of 9/27/2018 Copy of new emergency phone proposal Q: order letters-POOL —HOT TUB VIOLATIONS-Resort & Conference Center 10-11- 2018.DOC American Red Cross Certificate of Completion Cameron Bonaiuto has successfully completed requirements for Lifeguarding/First Aid/CPR/AED- valid 2 Years conducted by American Red Cross Date Completed: 01/25/2017 'w Instructors: Wendy Pierce,Benjamin Daniel Carlson,Elisa Sullivan certificate ID:GU4711 To verify,scan code or visit: redcross.org/confirm I Mioran di, Donna From: Rosemary McCaffery <caperose026@gmail.com> Sent: Thursday, September 27, 2018 2:30 PM To: Miorandi, Donna Subject: Fwd: Incident at our Hot Tub, and new Memo Sent from my Whone Begin forwarded message: From: Harry Aguiar<harrya uiarkgmail.com> Date: September 23,2018 at 6:25:29 PM EDT To: Cameron Bonaiuto <cambonwado19989gmaiI.com>, "Ccru silva22(2yahoo.com" <Ccru_silva22 @yahoo.com>, Losang Tamang <losan aman 123 ,gmail.com>, Mikail Tekten <mikailtektenDa gmail.com>, Rosemary McCaffery <caperose026ggmail.com>, "Sharongoodwinl23gyahoo.com" <Sharongoodwinl232yahoo.com>, "bellamcnamara a,comcast.net" <bellamcnamaragcomcast.net>, "chime.3613( yahoo.com" <chime.3 613gyahoo.com>, "jeehhaguiar2015ngmail.com" <jeehhaguiar2015ggmail.com> Cc: Jodie Holmes <j holmes.A anti sggmail.com>, Tracy Kearney <tracy.atlantisggmail.com> Subject: Incident at our Hot Tub, and new Memo Hello everyone, As all of you probably know by now, we had an incident last night at our hot tub. So, from now on, these are some policies that I need emphasize with all of you: Lifeguard Memo: I would like to take this opportunity to reemphasize some of our existing polices If you need to leave the pool area for any reason, the pool area should be vacated and locked with a notice it will open upon your return; and no one is to enter during that time. THIS INCLUDES IF YOU NEED TO USE THE RESTROOM TOO. All persons entering the pool area should sign in and be identified as a member or guest. (Jodie and I are trying to figure out a way everyone can check in even if they don't go downstairs.) • if any incident happens during your shift an incident report should be filled out and sent to me, a call given to the party and Pup report filled out seven days prior to incident. • If you are on a personal FB/ game/email etc.. and not attending to the pool you will be written up on the spot • All guards must find coverage for their shifts if they can not make it in. Thank you to adhering to all of the guard safety rules and regulations. Remember our number one job is to keep our members and guests safe! 1 And please take a minute to read what happened last night. I just want to point out that the Policewoman, who first responded the call, and even the member, who had the guest over, said that Cameron did a great job last night. Ps. Don't be believe in everything you see on the news Cameron Bonaiuto 9/23/18 On Saturday September 23 2018 at 7: 40 the man and the lady entered the pool and said hi to me. They then proceeded to leave the pool for about 10 minutes 7:50 They came back to the pool. I talked to them about working at the cape codder. we talked about 15 min. 8:05 We stopped talking the man went into the pool and began swimming laps, the lady went into the hot tub. 8:08 I had to go to the bathroom and brought my dinner plate to the kitchen. the bathroom in the pool was being used so I went to the one down the hall. I was gone no more than 30 seconds. On my way back to the pool it was brought to my attention that the lady had passed out and was pulled out of the hot tub by the man she was with and she was put on the pool deck. I ran over to her and check her pulse and she appeared to be breathing so no CPR was needed at that time i realize now that I should have done rescue breaths but i didn't think of it at the time of incident. I left her in the recovery incise she threw up the water she took in. I ran down stairs to get help but the gym was closed since it was after 8:OOpm so i ran to the front desk and told them to call 911. When she was in the recovery position she had thrown up the water that was in her lungs. 8:11 I called 911 form my.phone and told them what was going on and i told them where we were and they said they were sending paramedics 8:15 The female police officer arrived on scene. We rolled the victim over on her back and she started foaming from the mouth. The police officer started using a bag valve mask on her to get air into her lungs because she had stopped breathing when the police got there but she had a pulse but was unresponsive 8:18 Paramedics arrived and put her in a stretcher and got her to be responsive and in stable condition and took her into the ambulance. I was told by the female officer that she has symptoms of an apparent drug overdose. i wasn't trained to deal with drug overdoses so did what i was trained to do. 8:30 The lady had been taken away to the hospital. The female cop that showed up on scene first took down my statement. the man the female was with told me that they had been drinking before they had came and swam in the pool. today Cali confirmed that the man came down stairs to check into the gym at around 7:40 when she was cleaning the treadmills and told him the gym and locker rooms close at 8pm and-he was by himself and didn't have a guest with him. conclusion is that the man snuck her into the pool with out permission/ without getting a waiver signed or paying for a guest pass The mans name is Chris Falvey he is a member of the gym. still do not know the lady's name yet. 2 4 I - i s F .. PHONE CALL f d 7f �y A 1 � 1 1 4 9 +4 M � F r s w w "' ■ * xdo k gL Ogg ■ j. S - ` r it • ,'+. ��� F * ■ ;r ti w � f � � ■ �' is � �� ■ y� E i K i . Jt w. r� i F11,HETp Town of Barnstable 200 Main Street Hyannis,MA Tel. 508 862-4644 a�nxsreat.e. Y ( ) y p A 116 `000 rfDMP�a INSPECTION REPORT Permit: Health - Pool Use: Special Purpose (Hot Tub, Whirlpool, etc.) Date: 9/28/2018 3:10 PM Inspector: miorandd Permit Number : PO-17-52 Name: TFG HYANNIS HOSPITALITY LLC Address: 35 SCUDDER AVENUE, HYANNIS Unit No. Inspection Type Inspection Item Status Comment Pool - Special H - 003. Adequate PASS Purpose enclosure around pool, Gate self-latching 4 ft. above ground Pool - Special H -003. Bathhouse and PASS Purpose sanitary facilities adequate lighting, ventilation, sanitary condition Pool - Special H - 004. Sewage PASS Purpose Disposal Pool - Special H -005. Location, PASS Purpose structural stability and finish Pool - Special H -008. Special PASS Purpose purpose pool equipped with emergency shut-off pump switch, and accessible and prominently marked Pool - Special H -013. Walkways & PASS Purpose Decks 4 ft. wide, safe condition Pool - Special H -014. Ladders, steps PASS Purpose -one per 75 ft, not less than 2 ladders (recessed stair steps may be substituted for ladders) Pool -Special H -017. Pool PASS Purpose supervision provided, CPO w/proper training, on staff or on contract. Documentation provided Inspector Signature Owner Signature Total Score: 100 f °F'"ET°w Town of Barnstable BMWErrABLE, 200 Main Street,Hyannis,MA Tel.(508)862-4644 NAM1619. 0 ArfOMAt INSPECTION REPORT Pool -Special H -022. Health NIC No showers being taken due to cold water. Hotel is working Purpose regulations sign posted on this problem and has been for a couple of months. ("All persons are required to take a cleansing shower bath before entering the pool" and "No person with a communicable disease is allowed to use the pool") Pool - Special H -022. Health PASS Purpose regulations sign posted for SPP (A-F) and clock present Pool -Special H -025. Emergency NIC Emergency phone in my opinion is not adequate due to not a Purpose communication system two-way system. Lifeguard on duty on 9/22/18 did not know it at the pool (must be was there. Facility in my opinion needs emergency drill landline, no cell phones) training. Phone is going to be upgraded soon per engineer. and in working order. Emergency communication device in unlocked area and available at all times to staff and the public. Operating instructions and emergency numbers posted Pool - Special H -025. First aid PASS Could use a new CPR mask in my opinion..A one-way valve Purpose equipment provided and CPR mask. first aid kit complete Pool - Special H - 029. Alkalinity (50- PASS 10 ppm Purpose 150 ppm) Pool - Special H -029. Combined NIC 0.6 too high. Facility needs better ventilation and bathers to Purpose Chlorine (if Chlorine take pre-cleansing showers to aid in this problem sanitizer used) (0.0-0.2 ppm) Pool-Special H - 029. Free Chlorine PASS 4.2 Purpose (if Chlorine sanitizer used) (1.0-3.0 ppm) Pool -Special H -029. Frequency of PASS Purpose Testing (minimum 4 times per day or if electronic monitoring device 1 time per day) (alkalinity and Calcium hardness 1 time per week) Pool -Special H -029. pH (7.2-7.8) NIC 18.0. High and is adjusting. Purpose R Inspector Signature Owner Signature Total Score: 100 f Town of Barnstable 200 Main Street,Hyannis,MA Tel. 508 862-4644 1639. lEOM A INSPECTION REPORT Pool - Special H - 031. Water Clarity: PASS Purpose Can see 6" black disk at bottom of pool. Pool - Special H -032. Special PASS Purpose Purpose pool drained & cleaned every 14 days minimum Pool -Special H - 033. Thermostatic PASS On this date 1/27/18 the hot tub was 102.2 so I'm but records Purpose control provided for each so th is facility has gone to 106 which is too high. SPP. Thermostatic control only accessible to the pool operator. Special Purpose pool shall not exceed 1040 F Pool - Special H -034. POOL MUST NIC Pool has not been closed when not in balance. Lifeguards get Purpose BE CLOSED UNTIL IT pressure from Athletic Club to keep it open and not shut it MEETS 105 CMR down. 435.29 through 435.31. If pool is closed by a ; Health Inspector or other agent of B.O.H., the pool shall remain closed until the Health Inspector re- opens the pool IN WRITING Inspection Overall Comment: This tablet inspection is being done post 9/27/18 paper inspection and post near drowning incident on 9/22/2018 at approximately 8 pm in hot tub. Police and Hyannis Fire Department have been involved. Overall Inspection Status: PASS Re-Inspection Date: Inspector Signature Owner Signature Total Score: 100 fi PIC NO i x F' Gerald E.Dowling, B5,MA 32 Donegal Circle Centerville MA 02632 �� r•� Thomas A. McKean rX Town of Barnstable ts•1. Board of Health 367 Main St. Hyannis, MA November 5,2018 Dear Mr. McKean I am forwarding to you two letters for your consideration. Thanking you in advance for your timely attention to these matters, I remain Very truly yours, Gera ALE- nd tn Enc: letter dated October 22 and letter dated November 5 . l i r d� Gerald E. Dowling, BS, MA 32 Donegal Circle Centerville, MA 02632 Joseph Depamphillis General Manager Atlantis Sports Club 50 Ferncroft Rd. Danvers, MA 01923 October 22, 2018 Dear Mr. Depamphillis, I am writing to you to bring to your attention certain conditions that exist at the sports club in Hyannis. They have been ongoing for some time now but I will only list those that I have documented over the past two weeks. 1. There is no hot water in the men's shower. 2. There is no soap in the men' shower. 3. On occasion the wet wipe dispensers have been empty precluding wiping down the machines after use, as requested. 4. The hand sanitizer in the gym is empty. Something that should be remedied immediately with the upcoming flu season. 5. On occasion there has been no steam. In no way am I blaming this on the staff. I,as well as other members, have spoken to them several times. We do, however, realize these matters, for the most part, are beyond their control. They have stated that these situations have been forwarded to you. It appears that this is a corporate matter. Suffice it to say that, in general,the male members are not happy with this situation. Some have considered blocking their credit card until these matters are resolved. Others are looking for other options.As for myself,I am generally satisfied with the club. Both my wife and I have been members for sometime now, and wish to continue. Thanking you in advance for your timely attention to these matters, I remain Very truly yours, Gerald E. Dowling r Gerald E. Dowling,BS,MA 32 Donegal Circle Centerville,MA 02632 Joseph Depamphillis General Manager Atlantis Sports Club 50 Ferncroft Rd. Danvers, MA 01923 November 5, 2018 Dear Mr. Depamphillis, I am writing to follow up on the letter I sent you on the 22"d of October. Since that writing not much has changed. Listed below are some of the conditions that still exist. 1. Most days there is no hot water in the men's shower. 2. The hand sanitizer is still empty. Beware the flu season. 3. Some of the shower stalls have no soap. 4. One of the wet wipe dispensers is empty, again precluding wiping down the machines after use,as requested. 5. The urinals in the men's locker room have not been cleaned for at least a week. Therefor I am forwarding a copy of both letters to the Barnstable Board of Health. Very truly yours, J Gerald E. Dowling A con tHE rq�, * ELARNSTABLE, MASS. * Town of Barnstable � i619' ♦� ' ArEo„, a Inspectional Services Public Health Division Thomas McKean, Director 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 October 10, 2018 Leeane Mo Manager TFG Hyannis Hospitality, LLC d/b/a Resort and Conferen e enter 35 Scudder,L-f r Hyannis, MA 02601 NOTICE TO APPEAR BEFORE THE BOARD>OFrHEALTH � } 1i 2 k < X}�" jF f.?_ r,�,X l yS - TiTESDAtiY October 23;2Q18,3 00 PM z a b � _ Dear Ms. Moulthrop: On or about September 22, 2018,there was a near-drowning incident which occurred at the Resort and Conference Center. According to the responding officers,there was no lifeguard present in the pool area. Therefore, you are hereby notified that you are scheduled to appear before the Board of Health on Tuesday, October 23, 2018 at 3:00 p.m. at the Town Hall Building, second floor, Hearing Room, 367 Main Street, Hyannis.. During this hearing, you will be given an opportunity to provide testimony, witnesses, and official documentation regarding the presence of lifeguard(s) at the indoor semi- pubic swimming pool. PER ORDER OF THE BOARD OF HEALTH C:Z AdscKean, RS, CHO Director of Public Health Q:\Order letters\SHOW CAUSE Letters and Samples\ResortandConferencecenter Pool 0ct2018.docx McKean, Thomas From: Deputy Dean Melanson <dmelanson@hyannisfire.org> Sent: Monday, October 08, 2018 4:13 PM To: McKean, Thomas Cc: Stanton, David; Miorandi, Donna Subject: Re: Resort and Conference Center Near Drowning Hi Tom, I have reviewed the HyFD records and finally was able to catch up with Captain Huska to review the call. As you know, I cannot give you the report as it is a patient care report and this would be a Hippa violations. I did speak with the members and there was no one there was identified as a lifeguard by our crew. Bystanders stated they made The rescue and did not mention a lifeguard. Barnstable Police were on scene first, maybe Officer Gallant can do some research for you on what they found. Deputy Chief Dean L. Melanson Hyannis Fire Department 95 High School Road Extension Hyannis MA 02601 Office 508-775-1300 Fax 508-778-6448 dmelanson@hyannisfire.org From: Thomas McKean <Thomas,McKean @town.barnstable.ma.us> Date: Wednesday, September 26, 2018 at 9:09 AM To: Dean Melanson <dmelanson@hyannisfire.org> Cc: David Stanton <David.Stanton@town.barnstab le.ma.us>, Donna Miorandi <Donna.Miorandi @town.barnstable.ma.us> Subject: Resort and Conference Center Near Drowning Hello Dean, Captain Huska is on HN video indicating there was a near drowning and there was no lifeguard present. May we have a copy of the Fire Department's report regarding the near drowning at the Resort and Conference Center on or about September 22nd? Our Board of Health continues to require a lifeguard at this location. 1 New Federal Pool Requirements The Virginia Graeme Baker Pool and Spa Safety Act The provisions of the new law are designed to prevent serious injuries and fatalities associated with suction entrapment in pools and spas. In accordance with regulation 105CMR432.00 the facility listed below has made the following changes/modifications: Re-sort an .Conference Center at.Hyannis Indoor Pool ZLS)Scudde r Road west End 3ircle yyannis, RIA 02601 Saction Fi tags To-conform,6 the American National Standard ASME Al 12,19.8-2007 the following drain/suction covers have-been installed. J - E_7 Single Main Drain Cover: One Gary Equipment Company 24"8/24 Retro Suction Outlet Cover. ❑ Multiple Main Drain Covers: Submerged suction outlets connected together with centers at least 3 feet apart: ❑ Sidewall Suction Cover/Covers: Secondary Device or System designed to prevent entrapment: ❑ Safety Vacuum Release System ❑ Suction—Limiting Vent System ❑ Gravity Drainage System ❑Automatic pump shut off system ❑ Drain disablement ❑ Other systems Oceanside Pools 161 Queen Anne Road, Harwich, MA 02645. 508-432-9200 Fax 508-432-9244 06/08/2017 08:01AM 5087753674 EXEC OFFICE PAGE 06/07 cvJdek f ; d3a (ah �o . 06/08/2017 08:01AM 5087753674 EXEC OFFICE PAGE 03/07 ou-fdwy- +ram pE6? Al r I , /I ..� 74 Er • t` m In F U Q' Certified Mail Fee Ir $ Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) - $ r3 ❑Return Receipt(electronic) $ Postma� O ❑Certified Mail Restricted Delivery $ Hera! C3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ O Postage m rrq Total Postage and Fees $ a LrI rq r /-J O eet n v+ ------ Cfty� P---------- � ® - ------ f .rr r rr r r•r- Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail •A unique identifier for your mailpiece. associate for assistance.To receive a duplicate •Electronic verification of delivery or attempted return receipt for no additional fee,present this ,. delivery. USPS®-postmarked Certified Mail receipt to the ■A reco of delivery(Including the recipierd's retail associate. signatrre)that is retained by the Postal Service- Restricted delivery service,which provides r, for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent Important Reminders. Adult signature service,which requires the ■You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority WHO service. Adult signature restricted delivery service,which ■Certified Mail service is not available for requires the signee to be at least 21 years of age intemational mail. and provides delivery to the addressee specified J •Insurance coverage is notavailable for purchase by name,or to the addressee's authorized agent-1 with Certified.Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a 3 certain Priority Mail items. USPS postmark.If you would like a postmark on -i ■For an additional fee,and with a proper this Certified Mail receipt,please present your 1 endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion�. of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. �_—I electronic version.Fora hardcopy return receipt, 1 complete PS Form 3811,Domestic Return Receipt attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. Ps Form 3800,April 2015(Reverse)PSN 7530-02-000.9047 COMPLETE • . . ■ Complete items 1,2,and 3. A. ign re s Print your name and address on the reverse X Agent so that we can return the card to you.. ddressee. • Attach this card to the back of the mailpiece, B•.Received by(Pdnte ej. C. D 3r Delivery or on the front if space permits. 1. Article Addressed to: m D. Is delivery address dRnt froip jtem 1? ' Wes If YES,enter deliveryGess byelowd� o II'�III�I��III�IIIIII III IIIIIIII�I(�II�IIII ❑dultSignturece eRestricted Delivery O,RoIstered Mail estricted rtifled Mail® .�Pe"very 9590 9402 1934 6123 0981 94 Rcl ied Mail Restricted Delivery t8 Retum Receipt for 0 Collecton Delivery erchandise ❑Collect on Delivery"Restricted Delivery ❑Signature Conflrritionm Article Number(fransferfiom serV/ce lade/) ❑Insured Mail O Signature Confirmation 7 015 17 3 0 0 0 01 4 9 9 0 3 4 7 9 -❑Insured Mail Restricted Delivery Restricted Delivery. (over$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Retum Receipt USPS TRACKING#.. First-Class Mail � Postage&Fees Paid USPS Permit No.G-10 9590 9402 1934 6123 0981 94 I United States •Sender:Please print your name,address,and ZIP+4®in this box* Postal Service I a°¢m, Town of Barnstable Health Division a,f 200 Main Street E Hyannis,MA 02601 _ iiilill�i��ri:IlJl�i�il�,iillll(!ailillt,.l�ll�•,a}ill,lt�(�},fsjrs� I i BARNSCABLF- s 0:59. Town of Barnstable Regulatory Services Richard V. Scali, Director Public Health Division Thomas McKean, Director 200 Main Street,Hyannis, MA 02601 Poo Office: 508 86 2-4644 "� Fax: 508-790-6304 CERTIFIED MAIL: 7015 1730 0001 4990 3479 May 17, 2017 TFG Hyannis Hospitality LLC 35 Scudder Avenue Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 435.000, STATE SANITARY CODE, MINIMUM STANDARDS FOR SWIMMING POOLS The indoor pool room located at 35 Scudder Avenue, Hyannis, MA, also known as The Resort & Conference Center has a pool facility that does not meet code. The following violations of State Sanitary Code were observed: REGULATION 435.03 (10): Bathhouse and Sanitary Facilities All rooms housing indoor swimming pools and all bathhouses dressing rooms, shower rooms, and toilets at both indoor and outdoor pools shall be properly and adequately ventilated. The indoor pool room has two (2) inoperable ventilation fans. You are therefore, ordered to repair and/or replace the ventilation fans in the indoor pool room within two weeks (14 days) of receipt of this letter. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance could result in a fine of up to $100.00. Each day's failure to comply with an order shall constitute a separate violation. Q: order letters-pool-violations=Resort& Conference Center 5-17-17-ventilatiori.doc jR PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. Director of Public Health Town of Barnstable CC: Jeff Lauzon, Town of Barnstable Chief Local Inspector s t Q: order letters-pool- violations-Resort& Conference Center 5-17-17-ventilation.doc aWaUnLa JD j m^ e W ,• • h+ m o 0 F F I m E Q' Certified Mail Fee Er $ Extra Services&Fees(check box,add tee as appropriate) rq ❑Return Receipt(hardcopy) $ ❑Return Receipt(electronic) $ -✓ `postmark 0 ❑Certified Mail Restricted Delivery $ �=� ere C3 ❑Adult Signature Required $ []Adult Signature Restricted Delivery$ O Postage Q \ r- $ rq Total Postage and Fees i r9 $ o sra _fir irk-- j Ciry-Sta ,--�-- � ® �,�- -------------- i r err•r Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail •A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ■Electronic verificaftn of delivery or attempted return receipt for no additional fee,present thisn deliv6q. USPS®-postmarked Certified Mail receipt to the-, n A record of delivery(including the recipients retail associate. signature)that Is retained by the Postal Service- Restricted delivery service,which provides rr- for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent Important Reminders: Adult signature service,which requires the '13 ■You may purchase Certified Mail service with signee to be at least 21 years of age(not —13 First-Class Mail®,First-Class Package Service®, available at retail). 1r or Priority Mail®service. Adult signature restricted delivery service,which n Certified Mail service is notavailable for requires the signee to be at least 21 years of age International mail. and provides delivery to the addressee specified: ■Insurance coverage is notavailable for purchase by name,or to the addressee's authorized agent 1 with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the a To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. • p2 USPS postmark If you would like a postmark on M ■For an additional fee,and with a proper this Certified Mail receipt,please present your -! endorsement on the mailpiece,you may request Certified Mail item at a Post Office-for c the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply F� You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. -1 electronic version:For a hardcopy return receipt, r complete PS Form 3811,Domestic ReWrn Receipt attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your retards. Ps Forth.3800,April 2015(Reverse)PSN 7530-02-000.9047 toCOMPLETE TVIS�SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. gn re ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the_back of the mallpiece, B. Received by(Printed Name \,09 0. Mat of Delivery or on the front if space permits. 1. Article Addressed to; D.is delivery address di from item 1? Tps If YES,enter delivery ss belovv: 2 cam, ��fv t W k 3. Service Ty0o Q Rdority Mall Expresse III�III�II�III�IIIIII II IIIIIIII�IIII� IIII AdultSignature o Registered M�I O,Adult Signature Restrtoted'Delivery ❑Reglst ere dk:,ail Restricted i]Certified Mail® Delivery 9590 9402 1934 6123 0982 24 Q Certified Mail Restricted Delivery O Return Receipt for O Collect on Delivery Merchandise 2. Article Number(transfer from service/abeQ ❑Collect&eli:veqRestricted Delivery ❑Signature ConNnnation'm ❑Insured ❑Signature Confirmation7 015 17 3 0 0 0 01 4 9 9 D 3 4 6 2 ❑Insured ted Dell Restricted Delivery(over$5 PS Form 3811,July 2!01.5 PS..N 7530-02-006-9053 Domestic Retum-Receipt —J i I USPS TRA�CIUNG First-Class Mail Postage&Fees Paid USPS I Permit No.G-10 I 9590 9402 1934 6123 0982 24 United States •Sender:Please print your name,address,and ZIP+4®in this box* I Postal Service I 1 I Town of Barnstable Health Division 200 Main Street Hyannis,MA 02601 i,itlJ=jjjjil=riiij•=i==j=i=i=iii�j=iitjjiit=il.i=it=Ijilj.iilijj�ij � G 4 Certified Mail#7015 1730 0001 4990 3462 Town of Barnstable Regulatory Services BARNSfABM Richard Scali,Director MASS. Public Health Division Thomas McKean,Director 200 Main Street,Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 May 16, 2017 Resort& Conference Center 35 Scudder Avenue Hyannis, MA 02601 Attn: Nicole Lynch-Atlantis Sports Club & Spa NOTICE TO ABATE VIOLATIONS OF TITLE XVI, CHAPTER 111, SECTION 122-REGULATIONS RELATIVE TO NUISANCES The property owned by you located at 35 Scudder Avenue, Hyannis, MA was inspected on May 15, 2017 by Donna Z. Miorandi, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint of the Men's Steam Room located in the Atlantis Sports Club & Spa. a The following violations of the Massachusetts General Laws were observed: Section 122: The men's steam room has many tiles missing on the floor and upper wall section above the exit door. On the seating area of the steam room are many loose tiles. In addition, the lighting is not properly installed with a gasketed fixture. You are directed to correct the violations listed above within ten (10) days of your receipt of this notice . Per Section 122, the board of health shall examine into all nuisances, sources of filth and causes of sickness within its town, or on board of vessels within the harbor of such town, which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same as the case may require, and shall make regulations for the public health and safety relative thereto and to articles capable of containing or conveying infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel. Whoever violates any such regulation shall forfeit not more than one c thousand dollars. QAOrder Ietters\Nuisance/Steam Room-Men's Resort&Conference Center 5-16-17 You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance may result in additional enforcement action including suspension, revocation, or denial of the issuance/renewal of your 2017 sauna permit which may ultimately result in the closure of the steam room. PER ORDER OF THE BOARD OF HEALTH cKe n, R.S., CHO - Director of Public Health Town of Barnstable QAOrder IettersWuisance/Steam Room-Men's Resort&Conference Center 5-16-17 Miorandi, Donna From: Florence, Brian Sent: Tuesday, October 23, 2018 12:24 PM To: Paul Canniff Cc: McKean,Thomas; Miorandi, Donna; O'Donnell, Stephen Subject: RE: Resort&Conference Center Hi everyone... We need to be cautious here... We cannot pick and choose which regulations that we will and will not'enforce and we do not have special powers to enforce regulations that do not exist.... We only have the regulations in effect at a given time and the enforcement tools granted to us by that regulation. In this case it is clear that there is no regulatory path that we can cite to compel a proprietor to provide hot showers for gym patrons... and we are not going to make up rules to do that even though we want to help. However, we do have regulatory authority and the tools to compel the property owner to provide hot showers for pool patrons. Therefore, if the showers are not repaired in a timely manner I will ask the plumbing and health inspectors to close the pool and the showers until the showers are repaired. If we are forced to do that then the property owner will not be able to provide pool service to their patrons... which will likely incentivize them to restore hot water to the showers. Hopefully we do not have to close the pool or showers but we cannot have health and/or plumbing regulations being violated while our orders for compliance go unanswered for weeks on end... Steve is working with plumber to try to get the ball rolling, we will order the facilities closed on Friday if there is no compliance. Health and Plumbing please be prepared to post the structure and issue notices of violation on Friday. If you have any questions please feel free to contact me. Thanks, -Brian 1 From: Paul Canniff [mailto:canniff.paul@gmail.com] Sent: Monday, October 22, 2018 5:39 PM To: Florence, Brian Cc: McKean, Thomas; Miorandi, Donna; O'Donnell, Stephen Subject: Re: Resort &Conference Center I am and have been a gym member at the current Resort and Conference Center for over 25 years. I use the Health Club at 5:30 AM five or six days a week. I can agree with shutting down the pool(s) but not the showers. Most male health club members that I know do take "cold" showers if nothing else is available. In the last two months I estimate that I have taken at least thirty "cold" showers, more than I took in my five years of US Army service, including three years in the South Pacific. Please solve the hot water problem but leave the showers available in the interim. Thanks. Paul J Canniff On Mon, Oct 22, 2018 at 1:00 PM Florence, Brian <Brian.Florencegtown.barnstable.ma.us> wrote: Great work...thanks Tom. We'll wait to hear from Steve but the worst case scenario is that we shut down the pool and showers until they get the temp issue resolved.. 1 Thanks, -Brian From: McKean,Thomas Sent: Monday, October 22, 2018 12:39 PM To: Florence, Brian; Miorandi, Donna; Paul Canniff(canniff.paul gmail.com) Cc: O'Donnell, Stephen Subject: RE: Resort &Conference Center i i This facility is issued a sauna license, two swimming pool pennits, and a special purpose pool permit. Fitness club members are provided access to the swimming pool(s). According to 105 CMR 435.22 _ reads as follows: 1�o bather shall enter the,pool unless u r st takes a ( ) p .f cleansing shower. The swimming pools are defined as semi-public swimming pools because the primary purpose of the establishment is not the operation of the swimming facilities and.admission to use the two pools is included in the lee. Showers are provided.in the hotel rooms for the guests and. showers are also provided for irtness club members who are provided access to the swimming pool(s). I 1 According to 15 CMR 435.03 (2): The operator of a public sir imming pool shall provide showers and shall furnish hot and cold water. The minimum number of'shoi-viers shall be one for•each 40 bathers based on the maximum bather load. From: Florence, Brian Sent: Monday, October 22, 2018 10:27 AM To: McKean,Thomas; Miorandi, Donna; Paul Canniff(canniff.paul@gmail.com) Cc: O'Donnell, Stephen Subject: RE: Resort &Conference Center 2 i t � We need to ask the question - is there a requirement for gym showers or is that provided as a convenience? If it is required I would like to see the code section... if not I would like to see the code section. A plumbing permit was taken out 3 weeks ago. Steve is calling the plumber to see what the delay is about and if it is reasonable (waiting for a mechanical part, plumbers schedule etc.). If the delay is reasonable then there is not much we can do except maybe to order that the front desk notify their clients of the water issues and post a sign.out front. If the delay is unreasonable Health and Plu.rnbing can issue an order closing affected areas of the facility until the matter is resolved. Whether that is the showers or the gym and the showers will depend on whether or not showers are required by code for a gym. Please update me on the code matters asap. 'Thanks. -Brian From: McKean, Thomas Sent: Monday, October 22, 2018 8:55 AM To: Miorandi, Donna; Florence, Brian; Paul Canniff(canniff.paul(,@gmail.com) Cc: O'Donnell, Stephen Subject: RE: Resort &Conference Center 1 suggest you should provide the violator(Manager) a written order with a deadline to comply, with a fifteen day deadline. } From: Miorandi Donna Sent: Monday, October 22, 2018 8:47 AM To: McKean, Thomas; Florence, Brian; Paul Canniff(canniff.paulolgmail.com) Cc: O'Donnell, Stephen Subject: FW: Resort &Conference Center i Hello again: This is a follow-up to my email sent on Sept. 25, 2018. 1 am looking for guidance because I am now in receipt al4ain of a complaint from Dr. Canniff on the BOH regarding no hot water. According to Stephen O'Donnell a permit has been taken out but no work done yet. I am doing another follow-up there this morning and asking them about the work and timeline. Stephen O'Donnell gave them 30 days at the end of July. Thank you! 3 Donna Miorandi From: Miorandi, Donna Sent: Tuesday, September 25, 2018 9:52 AM To: McKean, Thomas; Florence, Brian Cc: O'Donnell, Stephen; Duffy, Robert Subject: Resort &Conference Center Good Morning all: Looking for a sense of direction as to how to proceed on the cold water issue at the Resort & Conference Center. I am constantly receiving complaints from Dr. Canniff regarding having to take cold showers at the gym in this facility. At the end of July, Stephen O'Donnell, myself, the owner(Ernie) and the general manager(Leeanne Moultrop) as well as the onsite engineer, Jeff Stevens, met on site to discuss the problems. Stephen O'Donnell gave them 30 days verbally to correct the matter. Now 2 months later there has been no permits taken out through the plumbing inspector nor any engineered plans presented. Appreciate any guidance in resolving this matter. Donna Miorandi Health Inspector Paul J.Canniff,DMD 4 Barnstable Police Department Page: 1 NARRATIVE FOR PTL. CATARINA M PARACHE Ref: 18-1859-OF Entered: 09/22/2018 @ 2214 Entry ID: 268 Modified: 09/22/2018 @ 2317 Modified ID: 268 On 09/22/2018 I was assigned to uniformed patrol in marked cruiser E226 assigned to the Hyannis sector, At approximately 2015 hrs,I was dispatched to the Hyannis Resort and Confrence Center at 35 Scudder Ave for a report of a drowning. While en route, dispatch relayed that the subject was breathing. Upon arrival, hotel staff directed me into the pool area. Once inside, I found the victim,later identified as Stephanie NICKERSON.NICKERSON was lying on her side outisde of the pool with her feet still in the hot tub. I could hear that NICKERSON was in and I updated dispatch and asked the next responding officer to bring a medical bag. NICKERSON was . She had no medical alert jewelry.I felt a -and moved her to her back and got her feet out of the water.NICKERSON coloring improved from blue to-a blush but she was still-.A male companion, later identifed as-.-FALVEY,stated that he was unaware of any medical conditions she may have.He stated that she had been drinking but didn't know if she had taken anything else. _BONAIUTO, was still on the phone with 911, BONAITUO was willing to provide medical treatment for NICKERSON but he did not recognize thatNICKERSON'S_-was a symptom of Ptl Fullam arrived on scene. We attempted to employ the ambu bag to deliver rescue breaths to NICKERSON but found that there was no ambu bag in Ptl Fullam's sealer medical bag. A member of HFD arrived on scene and he was able to for NICKERSON.After approximately one minute of receiving_-_NICKERSON started to rouse. An ambulance team from HFD arrived shortly after arid-took over care of NICKERSON. She was transported to CCH by HFD. I spoke with witness_SAVAGE. SAVAGE stated that he was in the hot tub with NICKERSON and noticed that she was bobbing in the water. He stated he thought that she was just trying to relax but then noticed that she wasn't pulling herself' p after being sumberged in the water for approximately one-minute. SAVAGE stated that he pulled NICKERSON from the water and layed her on her side with the help of others around. SAVAGE stated that he normally used the hot tub at the hotel several times a week and thought it was hotter than normal. I spoke with BONAITUO. He stated that he had stepped outside the pool area for approximately 30 seconds to use the bathroom. He stated that nothing was abnormal when he left but when he returned,NICKERSON was lying outside of the hot tub,He stated that she was breathing and but began He stated he called 911 and waited for assistance.BONAITUO stated that the water level in the hot tub was slightly higher than normal beucase they had been running a hose in it in an attempt to lower the temperature of the water, which he stated was slightly above what it normally was. I spoke again with FALVEY. He stated that he and NICKERSON work together at , a local bed and breakfast.He stated that NICKERSON had been drinking and they drove to the hotel together,He statetd that he was swimming laps in the swimming pool and NICKERSON was in the hot tub area, He stated that SAVAGE alerted him to NICKERSON and asked for helped as he_pulled her out of the water.FALVEY stated that Barnstable Police Department Page: 2 NARRATIVE FOR PTL. CATARINA M PARACHE Ref: 18-1859-OF Entered: 09/22/2018 @ 2214 Entry ID: 268 Modified: 09/22/2018 @ 2317 Modified ID: 268 NICKERSON and they layed her on her side in the recovery position. FALVEY brought me to NICKERON'S car and he was able to secure. He retrived a pink purse and asked me to bring it to NICKERSON in the hospital. Hotal Manager Harrion AGUTAR arrived on scene ** Portions of this report have been redacted ** i Barnstable Police Department Page: 1 Case Report 09/26/2018 Incident #: 18-1859-OF Call #: 18-43729 Date/Time Reported: 09/22/2018 2015 Report Date/Time: 09/22/2018 2210 Status: No Crime Involved Reporting Officer: PTL. CATARINA PARACHE Signature: LOCATION TYPE: Hotel/Motel/Temp. Lodgings Zone: HYA1 RESORT & CONFERENCE CENTER AT HYANNIS 35 SCUDDER AVE HYANNIS MA 02601 1 DROWNING PHONE# VICTIM(S) SEX RACE AGE 1 NICKERSON, STEPHANIE Y F W 48 288 SCUDDER AVE HYANNIS MA 02601 EMPLOYER: BOBBY BYRNES HYANNIS ETHNICITY: Not of Hispanic Origin RESIDENT STATUS: Resident VICTIM CONNECTED TO OFFENSE NUMBER(S) : 1 � I Barnstable Police Department Page: 1 Case Report 09/26/2018 Incident #: 18-1859-OF Call #: 18-43729 Date/Time Reported: T09/22/2018 2015 Report Date/Time: 09/22/2018 2210 Status: No Crime Involved Reporting Officer: PTL. CATARINA PARACHE Signature: LOCATION TYPE: Hotel/Motel/Temp, Lodgings Zone: HYA1 RESORT & CONFERENCE CENTER AT HYANNIS 35 SCUDDER AVE HYANNIS MA 02601 1 DROWNING # VICTIM(S) SEX RACE AGE PHONE 1 NICKERSON, STEPHANIE Y F W 48 288 SCUDDER AVE HYANNIS MA 02601 EMPLOYER: BOBBY BYRNES HYANNIS ETHNICITY: Not of Hispanic Origin RESIDENT STATUS: Resident VICTIM CONNECTED TO OFFENSE NUMBER(S) : 1 Barnstable Police Department Page: 1 NARRATIVE FOR PTL. CATARINA M PARACHE Ref: 18-1859-OF Entered: 09/22/2018 @ 2214 Entry ID: 268 Modified: 09/22/2018 @ 2317 Modified ID: 268 On 09/22/2018 I was assigned to uniformed patrol in marked cruiser E226 assigned to the Hyannis sector. At approximately 2015 his,I was dispatched to the Hyannis Resort and Confrence Center at 35 Scudder Ave for a report of a drowning. While en route,dispatch relayed that the subject was breathing, Upon arrival, hotel staff directed me into the pool area. Once inside, I found the victim,later identified as Stephanie NICKERSON.NICKERSON was lying on her side outisde of the pool with her feet still in the hot tub. I could hear that NICKERSON was in and I updated dispatch and asked the next responding officer to bring a medical bag. NICKERSON was . She had no medical alert jewelry. I felt a -and moved her to her back and got her feet out of the water.NICKERSON coloring improved from blue to a blush but she was still-. A male companion, later identifed as_ FALVEY,stated that he was unaware of any medical conditions she may have.He stated that she had been drinking but didn't know if she had taken anything else. _BONAITTO,_-was still on the phone with 911. BONAITUO was willing to provide medical treatment for NICKERSON but he did not recognize that NICKERSON'S__was a symptom of-� Ptl Fullam arrived on scene.We attempted to employ the ambu bag to deliver rescue breaths to NICKERSON but found that there was no ambu bag in Ptl Fullam's sealer medical bag. A member of HFD arrived on scene and he was able to for NICKERSON.After approximately one minute of receiving_ NICKERSON started to rouse. An ambulance team from HFD arrived shortly after and took over care of NICKERSON, She was transported to CCH by HFD. I spoke with witness_SAVAGE. SAVAGE stated that he was in the hot tub with NICKERSON and noticed that she was bobbing in the water. He stated he thought that she was just trying to relax but then noticed that she wasn't pulling herself up after being sumberged in the water for approximately one"minute. SAVAGE stated that he pulled NICKERSON from the water and layed her on her side with the help of others around. SAVAGE stated that he normally used the hot tub at the hotel several times a week and thought it was hotter than normal. I spoke with BONAITUO. He stated that he had stepped outside the pool area for approximately 30 seconds to use the bathroom. He stated that nothing was abnormal when he left but when he returned,NICKERSON was lying outside of the hat tub. He stated that she was breathing and but began He stated he called 911 and waited for assistance.BONAITUO stated that the water level in the hot tub was slightly higher than normal beucase they had been running a hose in it in an attempt to lower the temperature of the water, which he stated was slightly above what it normally was. I spoke again with FALVEY. He stated that he and NICKERSON work together at a local bed and breakfast. He stated that NICKERSON had been drinking and they drove to the hotel together.He statetd that he was swimming laps in the swimming pool and NICKERSON was in the hot tub area.He stated that SAVAGE alerted him to NICKERSON and asked for helped as he pulled her out of the water.FALVEY stated that I Barnstable Police Department Page: 2 NARRATIVE FOR PTL. CATARINA M PARACHE Ref: 18-1859-OF Entered: 09/22/2018 @ 2214 Entry ID: 268 Modified: 09/22/2018 @ 2317 Modified ID: 268 NICKERSON and they layed her on her side in the recovery position. FALVEY brought me to NICKERON' car and he was able to secure, He retrived a pink purse and asked me to bring it to NICKERSON in the hospital. Hotal Manager Harrion AGUTAR arrived on scene ** Portions of this report have been redacted ** i i i i� L02 J13I A tf17 IfJ;:Il j ` t 'wig i �i! 'I" � l s h, 11 14 f ram@ Z. �' {lt�t. i SYf15"� -'�S 'f=.r ;;J1►1�''ax tl .t�'= '' � ji.+�� '�'x_=�: r't 1��,�,y ..... �. ,3 .�,. 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Y. X. ♦r tfa +.a�. ry, a {`���?yFe.l.+`!, ,� ."ti 1� �, ct r z � �f r[X�+st�A• y+�` !°. 1� b9'�!' ' P` •j �ji ��� Q.���t :.ftQA. • � 'f .� ' r �fit n �� r 1f'rr; ,w•'1 �e!"'ytt . • r./� �� �"s 441" . {�1 r1 fiY!-��'��•'.pla r is `�t�tlt 'r;� T 1 "•it h �`',�4r���rL�.Ji7 r„ � �r , ✓i J / r; r e�.gl' ice' a � �tifati. , ✓.try 'a.." i } ♦� i i air . i s yr a• I I I s Ar vj k r '' ^-*�4 ,i t, .' �r rC L �� .E'+ l�f� �eJ T►' /f try' JAI A. PH i6o y 4 sil Y� c } d w y , a i r. qqq Ii�� 1 »t rk r r P� { k` d t { 11 y f 3 � t l ges 9 ill F t f r a e c: 4t k ti [ c . � � E k i y t � t t 1 f{ Miorandi, Donna From: Deputy Dean Melanson <dmelanson@hyannisfire.org> Sent: Monday, October 8, 2018 4:13 PM To: McKean, Thomas Cc: Stanton, David; Miorandi, Donna Subject: Re: Resort and Conference Center Near Drowning Follow Up Flag: Follow up Flag Status: Flagged Hi Tom, I have reviewed the HyFD records and finally was able to catch up with Captain Huska to review the call. As you know, I cannot give you the report as it is a patient care report and this would be a Hippa violations. I did speak with the members and there was no one there was identified as a lifeguard by our crew. Bystanders stated they made The rescue and did not mention a lifeguard. Barnstable Police were on scene first, maybe Officer Gallant can do some research for you on what they found. Deputy Chief Dean L. Melanson Hyannis Fire Department 95 High School Road Extension Hyannis MA 02601 Office 508-775-1300 Fax 508-778-6448 dmelanson@hyannisfire.org From: Thomas McKean <Thomas.McKean @town.barnstable.ma.us> Date: Wednesday, September 26, 2018 at 9:09 AM To: Dean Melanson <dmelanson@hyannisfire.org> Cc: David Stanton <David.Stanton@town.barnstable.ma.us>, Donna Miorandi <Donna.Miorandi@town.barnstable.ma.us> Subject: Resort and Conference Center Near Drowning Hello Dean, Captain Huska is on HN video indicating there was a near drowning and there was no lifeguard present. May we have a copy of the Fire Department's report regarding the near drowning at the Resort and Conference Center on or about September 22nd? Our Board of Health continues to require a lifeguard at this location. fi 4 0�)U , 4 +x. A v _ Y � *. z. 6. f; r i w i I uIII,w { ENCY PN . AXXWI)!.Tt t1 CALL I ulx �� E 3 `` �. �pFSHEA Town of Barnstable 200 Main Street,Hyannis,MA Tel. 508 862-4644 Y ( ) y$A Mn33. `�0a rEbMAt� INSPECTION REPORT Permit: Health - Pool Use: Special Purpose (Hot Tub, Whirlpool, etc.) Date: 9/28/2018 3:10 PM Inspector : miorandd Permit Number : PO-17-52 Name: TFG HYANNIS HOSPITALITY LLC Address: 35 SCUDDER AVENUE, HYANNIS Unit No. Inspection Type Inspection Item Status Comment Pool -Special H - 003. Adequate PASS Purpose enclosure around pool, Gate self-latching 4 ft. above ground Pool -Special H - 003. Bathhouse and PASS Purpose sanitary facilities adequate lighting, ventilation, sanitary condition Pool - Special H - 004. Sewage PASS Purpose Disposal Pool - Special H - 005. Location, PASS Purpose structural stability and finish Pool - Special H - 008. Special PASS Purpose purpose pool equipped with emergency shut-off pump switch, and accessible and prominently marked Pool - Special H - 013. Walkways& PASS Purpose Decks 4 ft. wide, safe condition Pool - Special H - 014. Ladders, steps PASS Purpose - one per 75 ft, not less than 2 ladders (recessed stair steps may be substituted for ladders) Pool - Special H -017. Pool PASS Purpose supervision provided, CPO w/proper training, on staff or on contract. Documentation provided Inspector Signature Owner Signature Total Score: 100 �p41HETp�y� Town of Barnstable 200 Main Street,Hyannis,MA Tel.(508)862-4644 TEOMA.ch INSPECTION REPORT Pool - Special H - 022. Health NIC No showers being taken due to cold water. Hotel is working Purpose regulations sign posted on this problem and has been for a couple of months. ("All persons are required to take a cleansing shower bath before entering the pool" and "No person with a communicable disease is allowed to use the pool") Pool -Special H -022. Health PASS Purpose regulations sign posted for SPP (A-F) and clock present Pool - Special H - 025. Emergency NIC Emergency phone in my opinion is not adequate due to not a Purpose communication system two-way system. Lifeguard on duty on 9/22/18 did not know it at the pool (must be was there. Facility in my opinion needs emergency drill landline, no cell phones) training. Phone is going to be upgraded soon per engineer. and in working order. Emergency communication device in unlocked area and available at all times to staff and the public. Operating instructions and emergency numbers posted Pool - Special H - 025. First aid PASS Could use a new CPR mask in my opinion..A one-way valve Purpose equipment provided and CPR mask. first aid kit complete Pool - Special H - 029. Alkalinity (50- PASS 10 ppm Purpose 150 ppm) Pool - Special H - 029. Combined NIC 0.6 too high. Facility needs better ventilation and bathers to Purpose Chlorine (if Chlorine take pre-cleansing showers to aid in this problem sanitizer used) (0.0-0.2 ppm) Pool - Special H -029. Free Chlorine PASS 4.2 Purpose (if Chlorine sanitizer used) (1.0-3.0 ppm) Pool - Special H -029. Frequency of PASS Purpose Testing (minimum 4 times per day or if electronic monitoring device 1 time per day) (alkalinity and Calcium hardness 1 time per week) Pool - Special H - 029. pH (7.2-7.8) NIC 8.0. High and is adjusting. Purpose t=A Inspector Signature Owner Signature Total Score: 100 r F1HETp Town of Barnstable a RAMSTAB F. S 200 Main Street,Hyannis,MA Tel.(508)862-4644 9�A MASS. rEDMA�a INSPECTION REPORT Pool - Special H - 031. Water Clarity: PASS Purpose Can see 6" black disk at bottom of pool. Pool - Special H - 032. Special PASS Purpose Purpose pool drained & cleaned every 14 days minimum Pool - Special H -033. Thermostatic PASS On this date 1/27/18 the hot tub was 102.2 so I'm but records Purpose control provided for each so th is facility has gone to 106 which is too high. SPP. Thermostatic control only accessible to the pool operator. Special Purpose pool shall not exceed 1040 F Pool -Special H - 034. POOL MUST NIC Pool has not been closed when not in balance. Lifeguards get Purpose BE CLOSED UNTIL IT pressure from Athletic Club to keep it open and not shut it MEETS 105 CMR down. 435.29 through 435.31. If pool is closed by a Health Inspector or other agent of B.O.H., the pool shall remain closed until the Health Inspector re- opens the pool IN WRITING Inspection Overall Comment: This tablet inspection is being done post 9127/18 paper inspection and post near drowning incident on 9/22/2018 at approximately 8 pm in hot tub. Police and Hyannis Fire Department have been involved. Overall Inspection Status: PASS Re-Inspection Date: 0 Inspector Signature Owner Signature Total Score: 100 Town of Barnstable : . BARNSTABLE, . 200 Main Street,Hyannis,MA Tel.(508)862-4644 y$A l ASS. `0�a TFOMA'�A INSPECTION REPORT Permit: Health - Pool Use: Indoor Pool Date: 9/28/2018 2:45 PM Inspector : miorandd Permit Number: PO-17-51 Name: TFG HYANNIS HOSPITALITY LLC Address: 35 SCUDDER AVENUE, HYANNIS Unit No. Inspection Type Inspection Item Status Comment Pool - Swimming H - 003. Adequate PASS and Wading enclosure around pool, Gate self-latching 4 ft. above ground Pool - Swimming H -003. Bathhouse and PASS and Wading sanitary facilities adequate lighting, ventilation, sanitary condition Pool - Swimming H -004. Sewage PASS and Wading Disposal Pool - Swimming H - 005. Location, PASS and Wading structural stability and finish Pool - Swimming H - 008. Main drain PASS and Wading suction outlets covered w/suitable protective covers/grates. Cannot be removed w/o use of tools. Open area does not provide entrapment of fingers, toes, etc. At least one anti-vortex drain provided. Pool - Swimming H -008. Virginia PASS and Wading Graeme Baker Law(to be under this regulation in future, currently under another regulation) Pool - Swimming H -010. Skimming PASS and Wading Facilities: 50% of recirculation drawn from surface of pool Inspector Signature Owner Signature Total Score: 100 f � 3 F1HETp�y� Town of Barnstable : . BAMSTABLE, . 200 Main Street,Hyannis,MA Tel.(508)862-4644 y�AMns 0s.If39. 01 INSPECTION REPORT Pool - Swimming H -012. Line with floats PASS and Wading separates non-swimmer area from deeper water; Water depth markings on deck and walls; Properly spaced; Boundary line on pool floor and walls; Step edges marked with contrasting color Pool - Swimming H - 013. Walkways& PASS and Wading Decks 4 ft. wide, safe condition Pool - Swimming H - 014. Ladders, steps PASS and Wading - one per 75 ft, not less than 2 ladders (recessed stair steps may be substituted for ladders) Pool - Swimming H - 017. Pool PASS and Wading supervision provided, CPO w/proper training, on staff or on contract. Documentation provided Pool - Swimming H - 022. Health NIC Showers are generally not taken due to cold water . and Wading regulations sign posted Therefore the combined chlorine is too high. ("All persons are required to take a cleansing shower bath before entering the pool" and "No person with a communicable disease is allowed to use the pool") Pool - Swimming H -023. Lifeguard: PASS Certified lifeguard on duty. and Wading Proper credentials, red or bright orange bathing suit. Any shirt or jacket over bathing suit red or bright orange with 4" GUARD printed on back. Whistle & bull horn provided- Pool - Swimming H - 024. Safety PASS and Wading Equipment: Ring buoys. If lifeguard: Rescue tube and backboard w/straps at pool. Outdoor inground pools only: rescue hook Inspector Signature Owner Signature Total Score: 100 &1HE�� Town of Barnstable . &UMSTAU , . 200 Main Street,Hyannis,MA Tel.(508)862-4644 9�A 1AtA3,9. ���p rEDMA<639. A INSPECTION REPORT Pool - Swimming H - 025. Emergency NIC Emergency phone is not apparent that it works properly to and Wading communication system meet code. It calls 911 but apparently goes to front desk. at the pool (must be There is no direct two-way communication. Hotel-health club landline, no cell phones) per engineer will correct this in a few days. and in working order. Emergency communication device in unlocked area and available at all times to staff and the public. Operating instructions and emergency numbers posted Pool - Swimming H - 025. First aid PASS and Wading equipment provided and first aid kit complete Pool - Swimming H -029. Alkalinity (50- PASS 90 ppm and Wading 150 ppm) Pool - Swimming H - 029. Combined NIC 1.0 and Wading Chlorine (if Chlorine sanitizer used) (0.0-0.2 ppm) Pool - Swimming H -029. Free Chlorine PASS 3.4 and Wading (if Chlorine sanitizer used) (1.0-3.0 ppm) Pool - Swimming H - 029. Frequency of PASS and Wading Testing (minimum 4 times per day or if electronic monitoring device 1 time per day) (alkalinity and Calcium hardness 1 time per week) Pool - Swimming H.- 029. pH (7.2-7.8) PASS 7.6 and Wading Pool - Swimming H -031. Water Clarity: PASS and Wading Can see 6" black disk at bottom of pool. Pool - Swimming H -034. POOL MUST NIC Not closing pool when it is chemically out of balance and Wading BE CLOSED UNTIL IT MEETS 105 CMR 435.29 through 435.31. If pool is closed by a Health Inspector or other agent of B.O.H., the pool shall remain closed until the Health Inspector re- opens the pool IN WRITING r Inspector Signature Owner Signature Total Score: 100 i f f °F`"Er°wy� Town of Barnstable S 200 Main Street,Hyannis,annis,MA Tel.(508)862-4644 Y 9�A 1UtASS. �0�p TfO639. M A INSPECTION REPORT Pool - Swimming H -038. General PASS and Wading Sanitation Inspection Overall Comment: Pool has issues with staffing and emergency phone. See above notes and pictures. This tablet report is being generated after paper inspection of 9/27/2018. Overall Inspection Status: Not Reviewed Re-Inspection Date: Inspector Signature Owner Signature Total Score: 100 ` r * r ■ � i i r 5 amp sw .r ■ !a r r i d '° L� r ■ ■ ' All J AMN � r ♦ i is ! ;r • M �� f �� a � ,. +� vifth AM .. r lK i' J ■ - r y S ! k e k .a 4. 0,11 41 PAT Or v 101 .. ¢ +,I`.ev OA _ da ,'. �rt �*.,u!,�s k, a AlF f ' 4 hl , i'4x�9 w� oll T '•R'0� t 't # 1 k s1�ttl - t ..`'vGlti! 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