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• <br /> Public Hearing, L i fegurards, August 3, 1987 Page two <br /> or rmybe we should.-e empt, but, as a home veer at Deer Crossing, and home owners there,, it's the <br /> Grote of the home owners may want a lifeguard, they may not say we don't want one, they may say, we <br /> do want one and the majority of the Grote v u ld rule. And that's why the variance is available, if <br /> the majority riles and we leave that option up to you if you do want a lifeguard there for your <br /> awn protection. <br /> Ms. Bald: So .it would have to be brought up to thO Board of Trustees? <br /> . Cosh: It would have to b brought to the trustees and 1 would assume they are-an associa- <br /> tion and the majority rules. The homeawrers act among themselves whether they want to ask for a <br /> variance or not. <br /> Richard Hal pe n: I have a question., what you just read is a State Law, is that correct, as it stands <br /> Chair: We have gone beyond the minimm of the Stone Regulation. <br /> Hal pern: You sent out a cdpy of the Law. R <br /> Chair: Yes of the Mate Reg u 1 at i on, the Chapter which gives us the right to impose this regu l t i on. <br /> If you-go to the question of lifeguards and I'll have to find it. <br /> Ha 1 pern: 435.23, 11 2 and 3 aren't they i d nti ca-1 i to what you have written? <br /> T <br /> Chair: Ah,, no if ,you look at, ,yes they are. But, what we mean to do is this is not ar regu l at i on <br /> unless the Town accepts it. r , <br /> Halpern: I was always under the assertion that the town does not make the regulation that the <br /> Mate Law applies. <br /> Chair: Not necessarily, that's what we're doing we're making sure that we are applying the Mate <br /> regulation properly. <br /> l . <br /> Ha1peri: DK so what you are doing is taking 435.23 and applying that to the Town <br /> Chair: We're not changing the reg u l apt i on. <br /> Mr. Costa: Under 435.23 we are changing, it states thea 'it is up to the Board of Health to de- <br /> temine if lifeguards shall be used' and this Board has taken the position that we are going to <br /> require lifeguards at poo l s, at sera i pub l i e and pub l i c pools. <br /> iia l pe n: Are ,your making that decision now? <br /> Mr. Costa: That's the decision we're having (incomplete, interrupt by Chair) <br /> Chair: We're looking for commits. <br /> Mr. Costa: We're having this hearing. <br /> H 1pem: You're looking for carrments, but that decision will be made in the future,, is that correct? <br /> Mr. Costa: Well., that's what we wawa to do and we want to hear,fry some pe p 1 e, our decision is <br /> to have lifeguards on duty as suggested by the State Standards. <br /> Halpern; Alright so my question is this is not considered a hearing to have lifeguards on duty but <br /> to make the Mate Law apply to the Town Law? <br /> Chair: N ,...*Vonie <br /> Agent: We have nut& two in p 1 ace rm, we are considering nater one. <br /> Chair: We are adding nu-nber one. <br /> Agent: Number two is in p l ace with no lifeguards requ i red as of now, what the Board is going to <br /> do now is accept nu her one having lifeguards. <br /> Hal peri: I was under the i n press i n that n rrber one and two were the same. <br /> Chair: No, we have two aboard now, that's why when the young lady mentioned with Deer Crossing, <br /> these signs are already up, but thus far, the Town Board of Health has not required that there <br /> be 1 i fe u rds on s i to, and th i s i s what we're 1 ooking for now to carry on with that., to requ i re <br /> the lifeguard and to determine the hours of bathing, with or without a lifeguard's presence. <br />