WEBVTT 1 00:00:07.290 --> 00:00:09.090 michael esmay: This guy's memory. 2 00:00:14.340 --> 00:00:15.690 michael esmay: is one of these guys that. 3 00:00:17.910 --> 00:00:21.180 michael esmay: was married The night before he left for the war. 4 00:00:28.410 --> 00:00:28.830 michael esmay: What. 5 00:00:29.160 --> 00:00:31.050 Noelle Wolfson: How did they how did they find him. 6 00:00:32.640 --> 00:00:37.830 michael esmay: Well, apparently, these bones, as well as other bones have been rattling around. 7 00:00:38.850 --> 00:00:50.490 michael esmay: And they've the US Government context family members and I sent my DNA and based on that they made the match. 8 00:00:51.600 --> 00:00:55.020 Karen Tarapata: that's remarkable because there were so many. 9 00:00:56.430 --> 00:01:06.030 Karen Tarapata: So many people working on the Burma road and working for the Japanese that I mean there are so many native Burmese dive. 10 00:01:06.690 --> 00:01:16.320 Karen Tarapata: Their bones all over that country, I mean that the Second World War was devastating so they must have found his dog tags or something to indicate that he was a US soldier. 11 00:01:19.920 --> 00:01:23.100 michael esmay: That identification wasn't made in. 12 00:01:26.190 --> 00:01:28.320 michael esmay: Burma, it was made in Hawaii. 13 00:01:30.000 --> 00:01:30.120 Karen Tarapata: The. 14 00:01:32.190 --> 00:01:32.550 michael esmay: way. 15 00:01:34.230 --> 00:01:35.970 Karen Tarapata: For them to have known that they were. 16 00:01:37.020 --> 00:01:40.500 Karen Tarapata: You know, US soldiers phones that's the first. 17 00:01:41.940 --> 00:01:45.780 michael esmay: yeah I don't know the history, I don't know how it happened. 18 00:01:47.190 --> 00:02:06.840 michael esmay: or son when he was taking a vacation in the Philippines ran across a plaque in a town which listed soldiers killed in the war and there was his name miles as May, but he didn't know anything about and he was like wow look at that and as me. 19 00:02:07.860 --> 00:02:11.190 michael esmay: And the turns out that that is me as related to him. 20 00:02:12.270 --> 00:02:14.400 Karen Tarapata: remarkable that is remarkable. 21 00:02:18.420 --> 00:02:28.350 Karen Tarapata: Well, I hope that can and sorry join us tonight because we have some definitions, to agree upon yes. 22 00:02:29.310 --> 00:02:31.500 michael esmay: Maybe add some sure. 23 00:02:32.400 --> 00:02:38.100 Karen Tarapata: Certainly this is the moment because I had a very long conversation today with Diana cream ball. 24 00:02:38.850 --> 00:02:56.220 Karen Tarapata: And I was telling her that what we decide with what the board decides tonight workshop as the language is the language that will be going forward to the next, regular meeting and once it's published then that's what it is. 25 00:02:56.910 --> 00:02:59.730 Karen Tarapata: yeah because we're trying not to. 26 00:03:01.080 --> 00:03:03.210 Karen Tarapata: continue this we're trying to nail it down. 27 00:03:04.740 --> 00:03:05.010 yeah. 28 00:03:06.870 --> 00:03:17.370 Karen Tarapata: So i'm just to start while we're waiting for them it's weird but did you have a chance to look at some of the suggestions that Sue Smith made. 29 00:03:20.040 --> 00:03:20.490 sylviajeff: Go ahead. 30 00:03:25.680 --> 00:03:28.770 michael esmay: Oh, you know I read what she had written. 31 00:03:30.660 --> 00:03:32.160 michael esmay: You know, when I read that. 32 00:03:34.560 --> 00:03:37.500 michael esmay: In terms of definitions i'm going, you know. 33 00:03:38.760 --> 00:03:42.120 michael esmay: unreasonably disturbing what is that. 34 00:03:43.590 --> 00:03:49.740 michael esmay: Excessive what is that continuous what is that unnecessary what is that. 35 00:03:52.230 --> 00:03:55.650 michael esmay: there's within those those words that that. 36 00:03:56.910 --> 00:04:00.540 michael esmay: This this whole idea of unwanted its own, but how do you define it. 37 00:04:01.470 --> 00:04:02.250 Karen Tarapata: Well, I think. 38 00:04:02.340 --> 00:04:03.480 Karen Tarapata: What to do. 39 00:04:04.500 --> 00:04:09.390 Karen Tarapata: yeah which both tour and know i've said, there are. 40 00:04:10.680 --> 00:04:13.980 Karen Tarapata: There is case law on on this. 41 00:04:15.450 --> 00:04:15.990 Karen Tarapata: Hello. 42 00:04:17.250 --> 00:04:17.670 Ken & Hilarie: hey there. 43 00:04:18.630 --> 00:04:30.450 Karen Tarapata: We just started, we were just Mike was just saying definition and then Mike was saying, how do you define some of these things so i'll just turn it back over to. 44 00:04:31.710 --> 00:04:42.240 Karen Tarapata: Also, perhaps well what, what is your I mean obviously you pulled some definitions here, can you tell us where are you from some of the definitions that are proposed. 45 00:04:42.780 --> 00:04:54.390 Noelle Wolfson: Sure, actually, most of the definitions that are proposed, I I drafted myself, based on the conversations we had about the conduct we wanted to regulate. 46 00:04:55.770 --> 00:05:02.370 Noelle Wolfson: With the two of two exceptions, well you know legal holidays we've pulled from the employee handbook the village employee handbook. 47 00:05:03.960 --> 00:05:12.210 Noelle Wolfson: repairs was defined in the text in a previous version so since we're having a definition section I just bumped it up to the definition section. 48 00:05:12.930 --> 00:05:21.570 Noelle Wolfson: clearly audible is a definition, I came I drafted myself with After reviewing some of the case law. 49 00:05:22.350 --> 00:05:28.980 Noelle Wolfson: That talks about kind of a person of average hearing or you know the reasonable person standard. 50 00:05:29.520 --> 00:05:42.240 Noelle Wolfson: Continuous operation tries to address that question, what if you take a pause for five minutes in a two hour period, so it basically says operation of machinery unless it pauses for two for 30 minutes. 51 00:05:43.650 --> 00:05:44.130 Karen Tarapata: So that. 52 00:05:46.860 --> 00:05:53.370 Noelle Wolfson: Thank you yeah that one was just trying to address that continuous operation question and link it to that 30 minute period. 53 00:05:53.850 --> 00:06:03.630 Noelle Wolfson: So emergency repairs was defined and just moved up to this section legal holidays comes from the employee handbook heavy machinery also is essentially what was in the text. 54 00:06:04.350 --> 00:06:14.850 Noelle Wolfson: But the text flowed better by having it as a defined term when you get down to the operative section, the definition of noise as unwanted sound actually comes from some OSHA material. 55 00:06:17.190 --> 00:06:23.760 Noelle Wolfson: And just jumping around to the definition of sound vibration that's detected by the human ear also comes from the same ocean material. 56 00:06:25.350 --> 00:06:29.670 Noelle Wolfson: person is kind of a consistent definition of person to me a human or an entity. 57 00:06:31.110 --> 00:06:45.690 Noelle Wolfson: property is you know, a parcel of land it's created by file map or otherwise legally existing and regulated devices are you know anything regulated by now section four sections one, two and three. 58 00:06:48.060 --> 00:07:03.720 sylviajeff: Well, I should mention that um I had read everything that you had done Noel which I thought was excellent, the definitions were great, in particular the continuous operation which of all of them, I thought was the most critically needed one. 59 00:07:04.200 --> 00:07:20.880 sylviajeff: But all That said, I really didn't get a chance to see suit smith's information until just a moment ago, because i've been there all day and it came in today, so I don't really know exactly where to plug the continuous sounds and unnecessary noise in. 60 00:07:21.420 --> 00:07:22.830 sylviajeff: To what we have over here. 61 00:07:23.640 --> 00:07:31.230 sylviajeff: And I don't really know if they're even necessary, I think the continuous operation that you put out there well it's fine and i'm not sure if. 62 00:07:31.740 --> 00:07:45.420 sylviajeff: The continuous sounds and unnecessary noise a denham's or whatever that Sue added i'm not sure where that fits in so i'll i'll go along with that you folks say because I didn't really reread it with that in mind. 63 00:07:46.350 --> 00:07:47.490 Ken & Hilarie: So I would say. 64 00:07:49.320 --> 00:07:51.000 Karen Tarapata: One thing real quick can before you start. 65 00:07:51.510 --> 00:08:07.440 Karen Tarapata: I did not say this at the beginning, this is a workshop meeting of the upper night village board, it is may 27 2021 a workshop meeting does not have a set agenda and no formal actions of the Board are made. 66 00:08:08.850 --> 00:08:09.900 Karen Tarapata: Right yep. 67 00:08:09.930 --> 00:08:13.950 Ken & Hilarie: So Jeff and others, I would say that the. 68 00:08:14.970 --> 00:08:30.390 Ken & Hilarie: The concerns that are the definitions that Sue lists are more like concerns about the language they see war, as opposed to and then suggested, which I think it's great solutions to it that would satisfy them. 69 00:08:31.380 --> 00:08:40.290 Ken & Hilarie: So if we feel that noel's language say on continuous sound satisfies the requirement that sue's. 70 00:08:41.130 --> 00:09:02.640 Ken & Hilarie: Pointing up in terms of her expression of a definition and I think we're fine with that I know I know that the concern about a noise disturbance law is is primarily from what i've understood to be about the title of law that there's some turn that a. 71 00:09:03.810 --> 00:09:18.150 Ken & Hilarie: Legally oriented argue mentor might say something like well i'm not making unnecessary noise this noise is necessary for the you know the undertaking and my business, so that by. 72 00:09:19.080 --> 00:09:31.290 Ken & Hilarie: naming the law unnecessary noise you open the door to necessary noise that are still disturbing so again that i'd leave it up to two others to figure out what's the best legal. 73 00:09:32.760 --> 00:09:36.780 Ken & Hilarie: wall against that kind of thing so that's I think the way to think about Cisco. 74 00:09:39.210 --> 00:09:45.870 sylviajeff: And i'll tell you the truth, I think, in that case just leaving it as noise which is one did sound is probably more to the point. 75 00:09:48.270 --> 00:09:58.080 Noelle Wolfson: yeah, I would like to go and we can talk about the term noise because maybe we take it out of the law, all together, and simply use the word sound. 76 00:09:58.770 --> 00:10:11.100 Noelle Wolfson: As a more precise word um because actually although it's called the noise law and the section is titled you know unnecessary noise meaning unnecessary unwanted unwanted sound. 77 00:10:11.460 --> 00:10:22.320 Noelle Wolfson: is prohibited the operative sections talk about sound sound levels and not noise levels um so, for example, um. 78 00:10:23.610 --> 00:10:35.550 Noelle Wolfson: Why don't we go to section for see first, since that is kind of the the main body, and then there are a couple things in for A and B that are just wanted to review, because in in the drafting language had to change. 79 00:10:37.140 --> 00:10:47.940 Noelle Wolfson: So just on the leaf blowers the leaf blowers really there's not very much change, you know I had made the the the changes that we had talked about at the last workshop, you know, changing the. 80 00:10:48.540 --> 00:10:49.230 sylviajeff: You know the length. 81 00:10:49.350 --> 00:10:55.500 Noelle Wolfson: march 15 through changing the the hours of operation to conform with what we talked about. 82 00:10:56.310 --> 00:11:02.760 Noelle Wolfson: same thing in see to that really just you know incorporate some of the defined terms and then. 83 00:11:03.300 --> 00:11:21.450 Noelle Wolfson: And then, changes the hours of operation but let's look at C three and i'm going to change from my red line because the red line is very marked up and so it's provides that the use or operation of heavy machinery which is a defined term that emits sound, which is. 84 00:11:23.130 --> 00:11:30.930 Noelle Wolfson: vibrations that are detected by the human ear, that is clearly audible which means a sound that can be heard by a person. 85 00:11:31.470 --> 00:11:39.450 Noelle Wolfson: With average hearing without the assistance of sound amplification devices from a distance of 100 feet or more from the property line. 86 00:11:39.870 --> 00:11:43.800 Noelle Wolfson: Of the property on which the heavy machinery is being used or operated. 87 00:11:44.310 --> 00:12:00.060 Noelle Wolfson: must cease, for a period of 30 consecutive minutes after two consecutive hours of continuous operation defined as the user operation of heavy machinery for any purpose on a property, during which there's no pause in the production of Sam for a period of 30 consecutive minutes or more. 88 00:12:01.260 --> 00:12:13.650 Noelle Wolfson: Within the 30 minute respite period user operation of all regulated devices defined as basically leaf blowers lawn mowers chain saws anything that is regulated by this force see. 89 00:12:15.210 --> 00:12:18.450 Noelle Wolfson: must cease the user operation of heavy. 90 00:12:21.240 --> 00:12:30.720 Noelle Wolfson: But that emits down Okay, the use of our operation of all regular later devices on said property that emits sound that is clearly audible the definition we just reviewed. 91 00:12:31.020 --> 00:12:35.220 Noelle Wolfson: from a distance of 100 feet or more from the property line of such property must cease. 92 00:12:35.760 --> 00:12:50.550 Noelle Wolfson: The user operation of heavy machinery may commence no earlier than 9am and she'll no later than 4:30pm Monday through Friday and convince no earlier than 10 and by three on Saturday, these are operation of heavy equipment shall be prohibited on Sundays and legal holidays. 93 00:12:53.160 --> 00:13:02.730 Noelle Wolfson: So that is how so what's being regulated as the use or operation of heavy machinery that emit sound that is clearly audible from 100 feet beyond the property line. 94 00:13:05.160 --> 00:13:12.090 Noelle Wolfson: So this is really the one where the definitions become important because, on the leaf blowers it's just simply an hours of operation limitations so we're not worried about. 95 00:13:13.200 --> 00:13:20.820 Noelle Wolfson: about the continuous operation kind of question, so this is this is really the operative paragraph that most of the definitions relate to you. 96 00:13:22.110 --> 00:13:28.110 Karen Tarapata: Know boy I think people would certainly like to know that nobody would sit down with the leaf blower for more than two hours. 97 00:13:29.370 --> 00:13:30.540 Karen Tarapata: without stopping. 98 00:13:31.980 --> 00:13:36.780 Karen Tarapata: Actually i'm wondering now if that isn't a bad Professor again a tip that might not be a. 99 00:13:37.860 --> 00:13:47.250 Karen Tarapata: Good provision to include the the lawn equipment, so that somebody can just have their, even if they have a big yard i've just wondering if it's. 100 00:13:49.620 --> 00:14:01.920 Noelle Wolfson: yeah the only issue with that is that, so the heavy machinery is unlikely to be moved from property to property, whereas the leaf blowers in lawn mowers when you have a landscape, or maybe doing a neighborhood, for example, it's hard to regulate when there. 101 00:14:01.950 --> 00:14:05.520 Karen Tarapata: are no I meant on a single property that's all every huh. 102 00:14:07.200 --> 00:14:09.450 Karen Tarapata: What does it does anyone else have an opinion on that. 103 00:14:11.790 --> 00:14:17.880 Karen Tarapata: I don't think anyone would ever stay longer than two hours but i'm just curious if there's a reason to. 104 00:14:18.990 --> 00:14:23.580 Karen Tarapata: not include that because they are regulated devices. 105 00:14:28.080 --> 00:14:31.740 sylviajeff: Well, are they not included by default. 106 00:14:35.970 --> 00:14:38.340 Noelle Wolfson: That provision does not there's no provision. 107 00:14:38.340 --> 00:14:51.900 Noelle Wolfson: For a respite period for continuous operation under four see one or foresee to the reason the term regulated devices was included is because somebody made a comment at the public hearing that. 108 00:14:52.500 --> 00:14:59.910 Noelle Wolfson: You know if there's a lot of noisy heavy machinery being used and then there's a 30 minute respite period, but then you could use other. 109 00:15:00.960 --> 00:15:08.160 Noelle Wolfson: very noisy equipment, during that time it negates respite period, even though it's not heavy equipment, so a defined regulated. 110 00:15:08.550 --> 00:15:21.480 Noelle Wolfson: devices for the purposes of this see three just to make it clear that that's really supposed to be a quiet period so it's not like you can use the heavy machinery and then other noise producing sound emitting devices. 111 00:15:22.920 --> 00:15:29.520 Noelle Wolfson: So that only is only really used in in for sick of 43 and then again enforce E4. 112 00:15:30.570 --> 00:15:35.910 Karen Tarapata: talks about the exceptions right could we could we include. 113 00:15:37.470 --> 00:15:46.500 Karen Tarapata: doesn't it could it be pursuant to sections where it says regulated devices pursuant to one, two and three see one, two and three. 114 00:15:48.090 --> 00:15:48.660 Karen Tarapata: All right, right. 115 00:15:49.080 --> 00:15:49.710 device. 116 00:15:55.980 --> 00:15:57.600 Karen Tarapata: I misunderstanding something. 117 00:15:58.440 --> 00:16:07.230 Noelle Wolfson: So the regulated devices and so regulated device the defined term is just a term to kind of mean collectively. 118 00:16:07.560 --> 00:16:17.940 Noelle Wolfson: Any device that is regulated under see one, two and three, but see one, for example, although a gasoline powered leaf blower would be a regulated device. 119 00:16:18.660 --> 00:16:29.970 Noelle Wolfson: Regulated devices, the term and the incorporation of all the other machinery limited by the noise, while is not limited in see one because we don't use the term regulated devices. 120 00:16:30.450 --> 00:16:39.120 Noelle Wolfson: The the term rugged devices which just to refer to all the noise producing equipment as a collective for use in later paragraphs got it. 121 00:16:39.330 --> 00:16:39.750 Okay. 122 00:16:45.930 --> 00:16:55.560 Karen Tarapata: I think that's fine and that's fine and then, if that really is an issue in the future, we could change that, if need be, but it's not something we need to do. 123 00:16:58.680 --> 00:17:00.030 michael esmay: title of section for. 124 00:17:02.880 --> 00:17:03.420 michael esmay: necessary. 125 00:17:07.980 --> 00:17:10.710 michael esmay: That be as simple as sound prohibited. 126 00:17:12.390 --> 00:17:13.830 Karen Tarapata: prohibited sounds. 127 00:17:15.510 --> 00:17:15.810 Right. 128 00:17:16.980 --> 00:17:20.190 michael esmay: Because unnecessary doesn't I don't see the meaning in that. 129 00:17:20.670 --> 00:17:25.050 Ken & Hilarie: yeah right, so I think it's right prohibited sounds is the proper order those two words. 130 00:17:26.220 --> 00:17:26.670 Okay. 131 00:17:29.910 --> 00:17:30.840 michael esmay: I feel better already. 132 00:17:33.570 --> 00:17:35.880 michael esmay: Well i'm worried about words like unnecessary. 133 00:17:36.150 --> 00:17:46.380 Ken & Hilarie: I don't know yes yeah well that's what that's exactly what seuss miss concern was that you know anybody making noise would say what's necessary noise i'm sorry. 134 00:17:49.710 --> 00:17:50.730 michael esmay: yeah and then. 135 00:17:51.810 --> 00:17:53.700 Right necessary to. 136 00:17:55.440 --> 00:18:06.450 Noelle Wolfson: I mean that is also defined by the Operative Provision so there's no express provision that makes just blanket Lee unnecessary noise prohibited then defined in each category as to what. 137 00:18:06.780 --> 00:18:21.840 Noelle Wolfson: You know what conduct and noise productive production activity is regulated, but if the term noise and unnecessary and those terms, cause confusion than maybe what we want to do in this section is take out any reference to the word noise and only use the word sound. 138 00:18:22.170 --> 00:18:23.970 sylviajeff: and make that prohibited sound. 139 00:18:24.810 --> 00:18:25.800 michael esmay: Right, I think so. 140 00:18:26.490 --> 00:18:27.930 sylviajeff: Okay that's reasonable. 141 00:18:28.380 --> 00:18:34.920 Ken & Hilarie: yeah and I think part of that is because noise itself has a specific connotation which. 142 00:18:37.500 --> 00:18:45.810 Ken & Hilarie: Is some of us interpretive in the bedroom making that connotation so sound is defined and clear so yeah. 143 00:18:46.860 --> 00:18:50.460 sylviajeff: that's exactly what i'm trying to do we're trying to stop interpretation. 144 00:18:50.880 --> 00:18:51.750 Ken & Hilarie: Right, you say. 145 00:18:52.260 --> 00:18:53.640 sylviajeff: yeah i'm thinking. 146 00:18:53.940 --> 00:19:00.060 michael esmay: Thinking specifically about what happened today listening to a backup signal from the shipyard. 147 00:19:01.350 --> 00:19:13.020 michael esmay: All right, it's it's decibel rating least from where I was experiencing, it was love it was lower than you hearing me talk right now, but it was the sound. 148 00:19:14.040 --> 00:19:16.740 michael esmay: The beep beep beep the warning sound. 149 00:19:17.790 --> 00:19:20.820 michael esmay: that's an unwanted sound right but. 150 00:19:21.930 --> 00:19:23.340 michael esmay: You don't you can't. 151 00:19:24.510 --> 00:19:31.440 michael esmay: regulate that and it's not a sound that that certainly I don't think it exceeded 60 decibels you know. 152 00:19:32.820 --> 00:19:35.490 Ken & Hilarie: Right, and I think I think you're absolutely right. 153 00:19:35.550 --> 00:19:36.240 Ken & Hilarie: If that. 154 00:19:37.710 --> 00:19:42.510 michael esmay: word I have problems with unfeasibly disturbing, what does that mean. 155 00:19:43.560 --> 00:19:45.210 michael esmay: Excessive maybe that's okay. 156 00:19:46.530 --> 00:19:53.610 michael esmay: it's but it's perception there it is how you perceive sound and so what's unwanted what's you know. 157 00:19:55.710 --> 00:19:59.040 michael esmay: And then that goes, all the way to how do you enforce it. 158 00:20:00.360 --> 00:20:01.440 sylviajeff: Well, I think. 159 00:20:02.370 --> 00:20:08.670 sylviajeff: We could push this forever and we know that people are getting very upset about how long it's taken already but. 160 00:20:09.030 --> 00:20:11.850 sylviajeff: According to Well, no, I was laid out i'm sorry. 161 00:20:13.170 --> 00:20:21.750 michael esmay: i'm my thing is the words they're here on the on the law, make them less subjective in some way. 162 00:20:24.540 --> 00:20:33.090 michael esmay: Like changing the title section for megan specific prohibited sound oh. 163 00:20:35.520 --> 00:20:43.350 Noelle Wolfson: God, the title of the law to the excessive sound law, I know. 164 00:20:44.370 --> 00:20:47.790 Noelle Wolfson: I don't want to make it the sound law because we're not prohibiting sound. 165 00:20:49.680 --> 00:20:51.480 Noelle Wolfson: So i'm. 166 00:20:51.690 --> 00:20:53.460 Ken & Hilarie: think there are people who would want that but. 167 00:20:55.350 --> 00:21:03.210 Karen Tarapata: Why, but I just say a local laws regulating sound is all right, because we're saying you're forgetting. 168 00:21:04.260 --> 00:21:04.620 michael esmay: Okay. 169 00:21:05.280 --> 00:21:10.380 Noelle Wolfson: A local law regulating sound okay regulating sound within the village perfect. 170 00:21:10.740 --> 00:21:11.280 Regulating. 171 00:21:12.780 --> 00:21:13.620 Noelle Wolfson: And then we will not. 172 00:21:14.400 --> 00:21:15.390 sylviajeff: Title what. 173 00:21:16.950 --> 00:21:17.610 michael esmay: better and better. 174 00:21:18.990 --> 00:21:20.850 Okay i'll take out the short title. 175 00:21:22.860 --> 00:21:29.550 Noelle Wolfson: And just section one will read a local law regulating sound within the village of upper nyack period. 176 00:21:31.380 --> 00:21:31.650 Good. 177 00:21:33.660 --> 00:21:35.910 Noelle Wolfson: And i'm going to take out the definition of noise. 178 00:21:37.350 --> 00:21:37.800 Karen Tarapata: yeah look. 179 00:21:37.980 --> 00:21:40.020 Noelle Wolfson: At the word, the word noise won't people. 180 00:21:40.020 --> 00:21:41.400 Karen Tarapata: Find town yes. 181 00:21:41.460 --> 00:21:42.780 michael esmay: I agree yeah. 182 00:21:44.670 --> 00:21:51.210 Noelle Wolfson: So basically all references to noise, will be to sound in the legislative intense section. 183 00:21:52.800 --> 00:22:01.200 Noelle Wolfson: I think we still want to keep it the making and creating of unreasonably disturbing or excessive sound within the village because that's. 184 00:22:02.220 --> 00:22:08.850 Noelle Wolfson: The legislative intent to dream and then the operative sections get more specific. 185 00:22:09.690 --> 00:22:10.890 michael esmay: Yes, okay. 186 00:22:22.020 --> 00:22:26.790 Karen Tarapata: And you know every every iteration gets better and more precise. 187 00:22:29.700 --> 00:22:35.700 michael esmay: Could I bring one other thing up and enforcement you've listed a whole bunch of people that can enforce. 188 00:22:36.810 --> 00:22:40.980 michael esmay: And i'm wondering if the building inspector and village engineer should be. 189 00:22:42.150 --> 00:22:43.980 michael esmay: One of those people or people's. 190 00:22:46.020 --> 00:22:47.610 michael esmay: Building inspector enforces the. 191 00:22:48.900 --> 00:22:54.600 michael esmay: zoning building code, so I don't know if they should be enforcing a law like this. 192 00:22:55.710 --> 00:22:57.270 michael esmay: It just felt like it might be a. 193 00:23:00.000 --> 00:23:03.360 Karen Tarapata: diligent code enforcement official it I. 194 00:23:03.420 --> 00:23:05.370 michael esmay: thought he could because. 195 00:23:07.980 --> 00:23:18.720 Karen Tarapata: Right, he might or might not be that person you're saying engineer, should be the village engineer could take the code enforcement official with them you're right. 196 00:23:19.380 --> 00:23:20.040 michael esmay: It doesn't mean. 197 00:23:20.100 --> 00:23:20.940 It doesn't. 198 00:23:23.130 --> 00:23:27.990 michael esmay: And this is an aside, but I did get this village village engineer to do it so. 199 00:23:30.030 --> 00:23:40.500 michael esmay: it's just those two people I felt like maybe there are we headed towards an enforcement officer who's going to deal with the ordinance and so. 200 00:23:41.400 --> 00:23:54.420 michael esmay: I can, I know I also can see the police, too, because the enforcement officer is not going to be available 24 hours a day, so the police accent sense but I had problems with the other two. 201 00:23:55.140 --> 00:24:03.060 Karen Tarapata: let's see the the code of the person who is projected to become the code enforcement officer. 202 00:24:04.080 --> 00:24:11.400 Karen Tarapata: may also become an assistant building inspector that's the goal now within that he is still. 203 00:24:11.400 --> 00:24:23.460 Karen Tarapata: The just code enforcement official, so I think it's covered in this, so if a future building assistant building inspector was also the doing code enforcement. 204 00:24:24.720 --> 00:24:24.990 Karen Tarapata: force. 205 00:24:26.160 --> 00:24:32.010 Karen Tarapata: Because once you're an assistant building inspector, you can enforce both the general and zoning in. 206 00:24:33.360 --> 00:24:34.440 Karen Tarapata: You know, and the. 207 00:24:35.340 --> 00:24:35.820 what's it called. 208 00:24:36.930 --> 00:24:39.330 Karen Tarapata: Fire code prevention and building code yeah. 209 00:24:39.570 --> 00:24:47.880 sylviajeff: So, in essence, this is a way to allow the person currently named as well as what the title may change to a year down the road of stuff. 210 00:24:48.300 --> 00:24:49.620 Karen Tarapata: Right, exactly as they. 211 00:24:50.070 --> 00:24:51.690 sylviajeff: try and get more. 212 00:24:57.240 --> 00:25:02.970 Noelle Wolfson: Clear which so we're going to take our village engineer we're going to leave in the code enforcement official. 213 00:25:03.120 --> 00:25:07.920 Karen Tarapata: and building inspector and village engineer, those are the only two. 214 00:25:08.850 --> 00:25:11.100 Noelle Wolfson: So we're going to leave in the code enforcement official. 215 00:25:12.450 --> 00:25:18.450 michael esmay: officer and the police and the police okay kind of course my official. 216 00:25:22.440 --> 00:25:22.890 Ken & Hilarie: So. 217 00:25:24.450 --> 00:25:31.620 Ken & Hilarie: i'd like to briefly go back to section two legislative intent, if I may, and this is kind of a question for an well, in a sense. 218 00:25:32.640 --> 00:25:37.800 Ken & Hilarie: Which is on the last sentence there we served as the attempted this local law to balance the rights. 219 00:25:37.890 --> 00:25:39.660 Ken & Hilarie: or residents of property owners. 220 00:25:40.320 --> 00:25:43.530 Ken & Hilarie: To use their property in a reasonable manner with. 221 00:25:44.850 --> 00:25:53.790 Ken & Hilarie: With the rights of others in the village to be free of excessive continuous unnecessary or disturbing and i'm sure will say sound at that point right and. 222 00:25:55.140 --> 00:26:16.380 Ken & Hilarie: The the phrase that we use the real estate business about a person's right on the property in which they reside is quiet enjoyment and i'm wondering if that's a phrase, we can insert perhaps just after village so with the rights of others in the village. 223 00:26:17.820 --> 00:26:24.630 Ken & Hilarie: To the quiet enjoyment of their property and to be free of excessive continuous unnecessary or disturbing. 224 00:26:26.880 --> 00:26:27.630 michael esmay: Oh, I like that. 225 00:26:29.340 --> 00:26:32.910 Karen Tarapata: I don't know what don't you think it went well. 226 00:26:32.940 --> 00:26:43.590 Ken & Hilarie: Quiet enjoyment actually means undisturbed quiet means undisturbed and enjoyment means use of in that sense, in terms of real estate language so it's. 227 00:26:44.010 --> 00:26:58.710 Ken & Hilarie: it's not like you have a right to sit there in your yard and hear no sound, although I know there are people would wish that it's really just that a person who lives on a property, whether they rent or own as a right to the. 228 00:27:01.050 --> 00:27:13.560 Ken & Hilarie: To a relatively and you know at least have their rights to undisturbed use of that property to be balanced with the undisturbed rights of person to do other things with their property, but those are equal rights. 229 00:27:15.060 --> 00:27:27.600 Karen Tarapata: And that, obviously, would have some established meaning if it's used commonly in real estate that way would that have any particular meaning in law well. 230 00:27:28.200 --> 00:27:39.840 Noelle Wolfson: I would like to just take a quick look at how that term has been used, and if it isn't it was expecting noise ordinances and generally I think of that term is meeting a tendency won't be disrupted. 231 00:27:40.710 --> 00:27:54.210 Noelle Wolfson: But I don't know that that that's its exclusive meetings so I don't have an objection to to adding this language, certainly not i'm happy to put it in I just might want to do a little bit of research, just to make sure it doesn't have any other kind of term of art status. 232 00:27:56.250 --> 00:28:03.660 Ken & Hilarie: We we use it as a way of balancing off one tenants rights with another tenants rights no there you know, there was an equality there. 233 00:28:05.010 --> 00:28:11.460 Ken & Hilarie: In terms of that as well as attendance right not to have me say walk into their apartment unannounced sure you know that so. 234 00:28:15.750 --> 00:28:27.000 Noelle Wolfson: And, and it would be you know with the rights of others in the village, to the quiet enjoyment of their property and to be free of excessive continuous unnecessary or disturbing sound. 235 00:28:27.420 --> 00:28:29.580 Ken & Hilarie: That would be my suggestion. 236 00:28:30.780 --> 00:28:38.580 Karen Tarapata: what's interesting just pulling it up real quick, you know what's the legal definition of quiet enjoyment, the little definition here includes. 237 00:28:39.300 --> 00:28:50.100 Karen Tarapata: Other rights related to quiet enjoyment may be tailored to specific certain situations, for example, one Court has found that the ring of smoke alarms for more than a day. 238 00:28:50.550 --> 00:29:07.440 Karen Tarapata: Is an interference with the tenants quiet enjoyment of least premises so obviously what we're describing has sort of been included in well that was back in 1988, but it was still it was included in a quiet enjoyment case. 239 00:29:12.990 --> 00:29:16.590 Ken & Hilarie: I just like to think it sounds great okay. 240 00:29:17.880 --> 00:29:22.530 Ken & Hilarie: So it has some meaning to me, but you know, obviously I defer to relax. 241 00:29:24.600 --> 00:29:25.020 yeah. 242 00:29:27.750 --> 00:29:34.950 Noelle Wolfson: Sure, and I don't think it would be an issue I don't think it will be an issue, I think it will be a fine addition I just would like to just take a few minutes to just to confirm it. 243 00:29:35.400 --> 00:29:36.630 Ken & Hilarie: Sure absolutely. 244 00:29:39.510 --> 00:29:39.900 Okay. 245 00:29:41.010 --> 00:29:41.670 um. 246 00:29:44.070 --> 00:29:48.450 sylviajeff: we're suggesting changes, whether it's just you know sound and noise and other things. 247 00:29:50.700 --> 00:29:55.650 sylviajeff: Is this going to impact when we can implement this at this point, no okay good. 248 00:29:56.190 --> 00:30:02.700 Noelle Wolfson: So what will happen so because, to what the municipal home real live requires is that it that you have it. 249 00:30:03.510 --> 00:30:08.970 Noelle Wolfson: kind of on your desk or since you don't have a physical death mail to you within. 250 00:30:09.780 --> 00:30:20.550 Noelle Wolfson: 11 days essentially before the hearing, because it's 10 days exclusive Sundays, so that gives us plenty of time before say June 4 which is next Friday. 251 00:30:20.850 --> 00:30:33.960 Noelle Wolfson: To put these finishing touches on it and get it out to you so that you can have its quote unquote on your desk or in your possession for the 10 days so there's no problem to to comply with that before June 17 hearing. 252 00:30:35.040 --> 00:30:41.190 Karen Tarapata: Okay, so and then tomorrow we'll we'll do the legal notices correct we just make sure that. 253 00:30:42.750 --> 00:30:45.330 Karen Tarapata: Everything is properly noticed sure. 254 00:30:45.540 --> 00:30:57.810 Noelle Wolfson: And essentially what what we should do with that and our coordinate with heather is simply change the date from the last hearing to the June hearing, because the form of notice will be the same it continues to be a continuation of the of the hearing. 255 00:31:02.730 --> 00:31:04.830 Noelle Wolfson: um one other section. 256 00:31:06.960 --> 00:31:20.700 Noelle Wolfson: That I wanted to go through is the last section, but before we before we do that laurie we have gone through some of the definitions i'm not sure if you have any questions or, if you want me to go back through anything that we have talked about. 257 00:31:20.820 --> 00:31:23.430 Laurie Dodge: No it's okay i'll read through them again okay. 258 00:31:24.690 --> 00:31:26.430 Karen Tarapata: I think the biggest change was. 259 00:31:27.720 --> 00:31:43.500 Karen Tarapata: Eliminating the word noise and just using the word sound, because nobody is has certain implications and we're one step we're just regulating sound and prohibiting certain kinds of sentiment certain duration sound that seemed more neutral. 260 00:31:47.400 --> 00:31:49.170 Noelle Wolfson: So, then, the last section. 261 00:31:51.990 --> 00:31:58.260 Noelle Wolfson: To be discussed i'm actually sorry to jump around a bit, but I would like to just go back to that for. 262 00:31:59.610 --> 00:32:17.040 Noelle Wolfson: Be, which is the animal noise sound provision so did change that a little, because with the definitions, it was awkward to use one definition of continuous sound when relating to machinery and another when relating to animal noises so I. 263 00:32:17.580 --> 00:32:23.970 Noelle Wolfson: I opted to use to use the defined term continuous down for the machinery and for the animals that. 264 00:32:24.300 --> 00:32:32.580 Noelle Wolfson: Provision is proposed to be changed to the keeping our harboring have any animal outdoors which barks wines or makes any other sound, which is clearly audible. 265 00:32:32.850 --> 00:32:35.820 Noelle Wolfson: anywhere beyond the property line of the property in which the animal. 266 00:32:36.120 --> 00:32:47.910 Noelle Wolfson: is located for a duration, that would annoy or disturb a reasonable person of normal auditory sensitivities, so I know that kind of seems to be an exception from the more general language that we're trying to move away from. 267 00:32:48.810 --> 00:32:54.180 Noelle Wolfson: But that is a standard that a New York court has affirmed and took it right, right from the language of a. 268 00:32:54.210 --> 00:32:58.560 michael esmay: Statute that was affirmed by the courts, because it talks about the reasonable person standard. 269 00:33:00.120 --> 00:33:07.770 Noelle Wolfson: And for the animal sound, and I think that is is what works best because it's not like machinery that runs continuously and. 270 00:33:09.000 --> 00:33:18.360 Karen Tarapata: No does it have to be anywhere beyond the property line, or is it we want to give it a little extra distance, which we did with the heavy equipment. 271 00:33:21.870 --> 00:33:23.580 Karen Tarapata: I know I can in my neighborhood. 272 00:33:24.720 --> 00:33:39.570 Karen Tarapata: hundred feet from the property lightest net is is across the street in order, I mean it is so small and close together but i'm wondering if it at the property line is is too stringent what other people think. 273 00:33:42.390 --> 00:33:43.080 michael esmay: Would you do. 274 00:33:45.660 --> 00:33:51.810 Ken & Hilarie: Well, I do know that amongst the issues people bring up to me as, why is it that. 275 00:33:52.980 --> 00:34:02.730 Ken & Hilarie: Animal disturbances are disturbing at the property line, but other ones are 100 feet away from the property line, so there is, you know there's the opposite version where. 276 00:34:03.420 --> 00:34:12.630 Ken & Hilarie: Where instead of the animals being regulated from a distant from the property line that other sounds should be regulated at the property line not 100 feet from it so. 277 00:34:12.870 --> 00:34:16.890 Karen Tarapata: I would adjust the animal or more than I would adjust the. 278 00:34:18.150 --> 00:34:18.810 Karen Tarapata: equipment me. 279 00:34:19.380 --> 00:34:21.300 Ken & Hilarie: i'm just bringing up one of the comments it's been me. 280 00:34:21.690 --> 00:34:25.980 Karen Tarapata: know what do you think I mean 100 feet too far, is it that's. 281 00:34:27.420 --> 00:34:34.200 Noelle Wolfson: So what we have for the radio, TV electronic sound is i'm. 282 00:34:34.800 --> 00:34:50.220 Noelle Wolfson: Sam audible beyond the property line so anywhere beyond the property line during from 10pm to 10am and then clearly audible from a point that's 300 feet from the property line at all other times so maybe something like that. 283 00:34:51.570 --> 00:34:56.880 Noelle Wolfson: Is where we want to land for animals to have one regulation for the night and one for the day. 284 00:34:58.380 --> 00:35:09.030 Karen Tarapata: that's I think that's good and that's very good, because if there's the dogs are locked out and barking all night that's really intolerable, but it would have to be something. 285 00:35:10.320 --> 00:35:13.200 Karen Tarapata: Quite loud during the day for it to be intolerable. 286 00:35:14.100 --> 00:35:20.430 Ken & Hilarie: or someone had illegal roosters are crowing at three o'clock in the morning, which grew suits might do. 287 00:35:20.580 --> 00:35:22.410 Karen Tarapata: I just want to know what that bird is. 288 00:35:22.980 --> 00:35:24.870 Ken & Hilarie: sisters, I know. 289 00:35:26.610 --> 00:35:38.730 Karen Tarapata: there's a bird over on high bounce that it's making the weirdest noise I just sit here and listen to it, I hope it gets affiliated woodpecker, but I have a feeling some strange barnyard fall. 290 00:35:40.560 --> 00:35:41.760 Laurie Dodge: Maybe it's getting. 291 00:35:43.020 --> 00:35:43.560 Laurie Dodge: Its. 292 00:35:43.650 --> 00:35:44.310 Karen Tarapata: Getting again. 293 00:35:45.570 --> 00:35:51.420 michael esmay: Are we going to consider these definitions from Sue Smith, or we discarded them. 294 00:35:52.650 --> 00:35:55.140 Karen Tarapata: I think we've incorporated a sense. 295 00:35:55.740 --> 00:35:56.520 Ken & Hilarie: A sense. 296 00:35:57.030 --> 00:36:03.900 Ken & Hilarie: yeah I think we've incorporated them and, again, I would say that my understanding is not. 297 00:36:05.850 --> 00:36:13.890 Ken & Hilarie: the specifics of the language they wish to incorporate a is more that the sense of what the language asks the law to do and that. 298 00:36:16.560 --> 00:36:24.300 Ken & Hilarie: You know that that what we're talking about is, in my opinion and it's just my opinion is addressing those concerns. 299 00:36:25.800 --> 00:36:35.310 Ken & Hilarie: You know if we if we address those concerns in a way that we agree with, and I think that satisfies that we're we're not we don't need to do the exact language. 300 00:36:36.090 --> 00:36:41.070 Karen Tarapata: I think that the continuous mission, the two definitions are really in alignment. 301 00:36:45.120 --> 00:36:51.540 sylviajeff: I think we've taken the intent and move forward with it, whether it's specific to what how she laid it out. 302 00:36:52.710 --> 00:36:56.700 sylviajeff: i'm not sure, but, but I think we're addressing what needs to be addressed. 303 00:36:57.300 --> 00:37:02.760 michael esmay: yeah and taking out the reference to unnecessary from that section for. 304 00:37:04.350 --> 00:37:04.710 michael esmay: All right. 305 00:37:06.450 --> 00:37:11.280 sylviajeff: and continuous operation is some of ours and noises already been changed so. 306 00:37:11.880 --> 00:37:12.210 yep. 307 00:37:15.360 --> 00:37:15.720 michael esmay: alright. 308 00:37:23.370 --> 00:37:25.380 michael esmay: Well, would it be right to say this is. 309 00:37:27.930 --> 00:37:31.260 michael esmay: A reasonable persons law. 310 00:37:33.930 --> 00:37:36.900 Noelle Wolfson: I think, so I think it provides for. 311 00:37:38.700 --> 00:37:44.730 Noelle Wolfson: Yes, I think it provides for what a reasonable person standard would generally provide for. 312 00:37:45.120 --> 00:37:49.350 Noelle Wolfson: And it bounces right to make noise, with the right to be free. 313 00:37:49.380 --> 00:37:51.150 michael esmay: yeah we're making noise. 314 00:37:51.960 --> 00:37:56.280 Noelle Wolfson: that's my my personal opinion, informed by by the case law. 315 00:37:56.970 --> 00:37:57.690 michael esmay: yeah okay. 316 00:37:58.980 --> 00:37:59.310 sylviajeff: Good. 317 00:38:00.780 --> 00:38:01.830 Karen Tarapata: What else do you have. 318 00:38:03.570 --> 00:38:07.350 michael esmay: Oh no, no, you have you have options, I mean read to. 319 00:38:08.070 --> 00:38:08.460 me. 320 00:38:12.240 --> 00:38:12.540 yeah. 321 00:38:15.390 --> 00:38:25.830 Noelle Wolfson: So the last point to consider and discuss is just in section nine the effective date of the law, and this is something that we talked about at the last work session. 322 00:38:27.090 --> 00:38:33.030 Noelle Wolfson: We weren't quite sure where we wanted that to land, so I just put something proposed that was in the middle. 323 00:38:35.040 --> 00:38:41.850 Noelle Wolfson: And it says so generally local laws become effective upon their filing with the Department of state's and you adapt them. 324 00:38:42.060 --> 00:38:54.390 Noelle Wolfson: And they have to be sent to the Department of State Department of State files them and upon that file and they become an effective unless the last specifies a different time not earlier than that date but they're going to become effective so. 325 00:38:55.020 --> 00:39:01.860 Noelle Wolfson: We had talked about delaying the effective date to provide for an educational campaign about the law. 326 00:39:02.460 --> 00:39:08.670 Noelle Wolfson: And we had talked about whether we should do that whether we should do that for three months, and whether we should do that for six months. 327 00:39:08.970 --> 00:39:15.990 Noelle Wolfson: So what's here is that this local law shall take effect on a date that is three months following the date that it's filed in the office of the Secretary of State. 328 00:39:17.160 --> 00:39:22.890 Karen Tarapata: So my feeling is that I look back through my all my files and we've been. 329 00:39:24.030 --> 00:39:36.090 Karen Tarapata: Talking about this now for actively talking about it for three years, of course, I also have stepped back in 2012 when Mike and I were talking about it and 2015 we all started talking about it. 330 00:39:36.630 --> 00:39:43.620 Karen Tarapata: So we've been working on this for 10 years and we've had very active of public outreach for the last three years. 331 00:39:44.280 --> 00:39:55.290 Karen Tarapata: we've sent posts numerous postcards we've had panel discussions and open forums, I honestly think that we should make this effective the filing. 332 00:39:55.830 --> 00:40:09.840 Karen Tarapata: But perhaps wave in the fines until a three month period, but I don't know how that's done, but I think the law itself really should be effective on filing. 333 00:40:11.610 --> 00:40:16.410 sylviajeff: If I recall properly dispose called the Cross child. 334 00:40:17.430 --> 00:40:22.260 sylviajeff: law because Mike and I, we were divided like no I thought. 335 00:40:27.360 --> 00:40:28.650 sylviajeff: you'd be the tiebreaker. 336 00:40:30.000 --> 00:40:30.360 Karen Tarapata: Like. 337 00:40:31.230 --> 00:40:32.310 Laurie Dodge: where you live. 338 00:40:33.510 --> 00:40:33.960 Karen Tarapata: I don't think. 339 00:40:36.210 --> 00:40:37.500 Karen Tarapata: You have an opinion. 340 00:40:38.940 --> 00:40:40.020 Ken & Hilarie: I I. 341 00:40:41.040 --> 00:40:53.610 Ken & Hilarie: saw my opinion would be irrespective of everyone's a pressuring on me is that bad I face other pressure is mostly in the home front, and so a three month would probably be what i'd have to settle for. 342 00:40:56.130 --> 00:40:58.830 Karen Tarapata: But not just going ahead and making it effective on. 343 00:40:59.220 --> 00:41:00.600 Ken & Hilarie: Well, again I think that's. 344 00:41:00.750 --> 00:41:22.500 Ken & Hilarie: Best to your question is words no well, which is is their language that says it becomes effective immediately, but we hold off or do we or do we say it, it becomes effective immediately, but then upon us becoming effective has a resolution that at the board that says. 345 00:41:23.700 --> 00:41:31.110 Ken & Hilarie: Due to the to the significant nature of this law we are you know doing a moratorium on. 346 00:41:32.520 --> 00:41:43.350 Ken & Hilarie: Penalties you know I don't know what's the what's perhaps the best way, I think that you know, obviously we want, we want people to use the. 347 00:41:44.010 --> 00:41:54.990 Ken & Hilarie: The three months, six months, whatever we decide to practice adhering to the laws so that we don't have to start you know shipping them off to jail or something but. 348 00:41:56.010 --> 00:42:00.900 Ken & Hilarie: We don't want them to say Oh, I get to do whatever I want for three months right, so I. 349 00:42:02.280 --> 00:42:16.200 Ken & Hilarie: think that that's that's the balance we're trying to achieve there and again, not knowing what's the generally accepted way of doing such a thing I might suggest we we make it effective as who is filing and then. 350 00:42:18.990 --> 00:42:23.760 Ken & Hilarie: announce our intent to ease into enforcement I think we're permitted to do such a thing. 351 00:42:24.600 --> 00:42:28.980 sylviajeff: You know, we could give warnings are in those three months correct. 352 00:42:29.550 --> 00:42:29.880 Karen Tarapata: mm hmm. 353 00:42:31.950 --> 00:42:45.120 Noelle Wolfson: Right, so it would be you know it would be in your prosecutorial discretion as to how to issue violations and, if you want to make a blanket statement that it's not going to be enforced within that three month period it's effectively saying that it's not going to be. 354 00:42:47.100 --> 00:42:57.390 Noelle Wolfson: That it's not going to become effective, because the enforcement provision is you know it's really I don't think you'll get a behavioral difference by saying it's effective but we're not enforcing so saying it's not effective. 355 00:43:00.840 --> 00:43:11.640 Noelle Wolfson: But if you'd like to have the option, and you meet you know not have a blanket statement just kind of have a general policy but, if something is very egregious be in the position to issue a violation then maybe that is the way you want to go. 356 00:43:12.270 --> 00:43:30.900 Karen Tarapata: I think that would be a book that warnings unless they're really trying to write us and make this a an issue I think we're where it keeps coming up in the public hearing that people don't know is disingenuous because we've done mailings multiple mailings on. 357 00:43:30.900 --> 00:43:42.540 Karen Tarapata: This it's not like anything has been unless they don't read it, I could say in okay somebody might not go on the website, but I think most people look at their mail. 358 00:43:45.450 --> 00:44:02.790 Ken & Hilarie: I think they've had everybody said sufficient notice, and I think you know I like the idea of making enforcement, at least for a period of time that we ourselves decide is not a bad way to go, we obviously can't decide that officially or specifically tonight, because that would be. 359 00:44:04.020 --> 00:44:18.450 Ken & Hilarie: not appropriate, but I think it would be, it would be great to yeah say let's let's let's have it effective immediately when it's past that would make people happy and then we can use our discretion as to. 360 00:44:18.510 --> 00:44:19.650 Ken & Hilarie: How we want some. 361 00:44:19.740 --> 00:44:20.700 Ken & Hilarie: that's the worst one. 362 00:44:21.870 --> 00:44:24.750 sylviajeff: direction towards egregious or abuse is a good. 363 00:44:26.430 --> 00:44:29.700 michael esmay: yeah any worse than officer using his or her discretion. 364 00:44:30.000 --> 00:44:30.690 about its right. 365 00:44:33.120 --> 00:44:41.010 Karen Tarapata: To issue mornings for things and code enforcement officials, issue warnings, we do that when we have building violations and. 366 00:44:42.480 --> 00:44:50.850 Karen Tarapata: They issue a warning and play without actually moving to the point of. 367 00:44:51.930 --> 00:44:53.820 Karen Tarapata: of creating a fine. 368 00:44:54.600 --> 00:45:00.600 Ken & Hilarie: Well, and I I assume the mayor is empowered to give directives to the code enforcement officer as to. 369 00:45:02.790 --> 00:45:05.100 Ken & Hilarie: How to proceed with enforcement right. 370 00:45:05.820 --> 00:45:13.050 Karen Tarapata: Now they have discretion that's there, otherwise, otherwise I could I could fix tickets, and that would be really corrupt. 371 00:45:13.530 --> 00:45:14.310 Ken & Hilarie: So I think it's. 372 00:45:14.790 --> 00:45:16.530 Ken & Hilarie: I think you should fix tickets Karen. 373 00:45:21.240 --> 00:45:26.940 Ken & Hilarie: Sure, somebody somebody should what what kind of small Turner we if we can have that kind of corruption. 374 00:45:28.980 --> 00:45:29.370 Karen Tarapata: I don't. 375 00:45:30.300 --> 00:45:31.050 michael esmay: know this is. 376 00:45:32.820 --> 00:45:34.290 Karen Tarapata: My backpack. 377 00:45:38.520 --> 00:45:38.970 Ken & Hilarie: There we go. 378 00:45:40.890 --> 00:45:44.670 Ken & Hilarie: He said was I joking demeanor how about that. 379 00:45:47.400 --> 00:45:49.380 Karen Tarapata: insouciance around. 380 00:45:50.070 --> 00:45:51.900 Ken & Hilarie: You know irreverent and. 381 00:45:53.220 --> 00:45:54.690 Ken & Hilarie: unserious fashion yeah. 382 00:45:55.980 --> 00:45:56.190 Karen Tarapata: that's. 383 00:46:01.050 --> 00:46:01.350 michael esmay: Right. 384 00:46:02.130 --> 00:46:04.440 Ken & Hilarie: I do, like the term insouciant though that's very nice. 385 00:46:05.340 --> 00:46:05.970 Laurie Dodge: that's a good one. 386 00:46:08.760 --> 00:46:10.650 sylviajeff: Well, I don't know how. 387 00:46:12.960 --> 00:46:24.630 sylviajeff: people attending the meeting you're going to feel but i'm sort of happy with the way this is looking right now, to be honest, I think it's impossible I think it's coming down in a good way. 388 00:46:25.650 --> 00:46:34.440 sylviajeff: reasonably and I think it will be having an effect, and of course it's the first step of southern needs to be changed, we could take another look here. 389 00:46:40.230 --> 00:46:49.290 Karen Tarapata: I have a feeling that, once we regulate lawn equipment that other communities around that are going to follow our lead. 390 00:46:50.010 --> 00:46:56.130 Karen Tarapata: Because really interesting as many places have done it West Chester know communities have done it in rockland. 391 00:46:57.180 --> 00:46:59.040 Karen Tarapata: So it'll be interesting to see. 392 00:46:59.370 --> 00:47:05.340 Karen Tarapata: That they'll be watching and then they'll be making their own changes I imagine right. 393 00:47:05.550 --> 00:47:13.830 Ken & Hilarie: Actually, I did have a quick question and I think that's really interesting thing this is sort of different from that, I know that there was. 394 00:47:14.970 --> 00:47:17.340 Ken & Hilarie: Concerns brought up in the meeting about. 395 00:47:19.620 --> 00:47:33.270 Ken & Hilarie: Enforcement fines and amount, and you know whether they be considered cost of doing business I I haven't looked to see if that's been addressed in some way are we not addressing it. 396 00:47:34.320 --> 00:47:35.400 Karen Tarapata: hyper penalty is. 397 00:47:35.430 --> 00:47:49.200 Karen Tarapata: Very high if let's say you had your alarm company come twice a month, in defiance of this you'd be paying an extra $500 actually $750 in $1,000 a month, the following month. 398 00:47:50.220 --> 00:47:58.260 Karen Tarapata: So if it ends up being $500 for each violation after your first one that's very high that's not the cost of doing business. 399 00:48:00.090 --> 00:48:00.660 We don't have. 400 00:48:02.880 --> 00:48:11.910 Ken & Hilarie: We don't we don't think the shipyard might say Oh, I can I can lose you know 2500 to 5000 a month. 401 00:48:13.080 --> 00:48:16.620 Ken & Hilarie: You know, violating a 10 1010 days 10 times. 402 00:48:16.710 --> 00:48:28.860 sylviajeff: I think that's going to be the that's the difficulty with having a law that covers individuals as well as landscape is as well as a shipyard, I mean everybody's cost of doing business. 403 00:48:30.960 --> 00:48:33.150 Karen Tarapata: Maybe wanting to throw away that money. 404 00:48:33.450 --> 00:48:35.280 michael esmay: But Michael no no well is. 405 00:48:35.730 --> 00:48:36.840 Karen Tarapata: There, a point. 406 00:48:37.260 --> 00:48:42.540 michael esmay: tipping point where, if someone is it a scofflaw that you bring them into court. 407 00:48:42.870 --> 00:48:55.020 Noelle Wolfson: Yes, there is a provision for injected really so if you have a persistent violet violator you bring them into Supreme Court rockland county and seek an injunction for their violation of the law yeah. 408 00:48:55.440 --> 00:49:02.010 Noelle Wolfson: Failure to get a court order and joining the violation of the law and it's violated, they can be subject to contempt. 409 00:49:04.620 --> 00:49:05.490 michael esmay: That covers it. 410 00:49:06.030 --> 00:49:06.750 sylviajeff: yeah that's good. 411 00:49:09.510 --> 00:49:21.900 Ken & Hilarie: Okay, I just want to make sure that that concern was addressed or at these that there was some explanation that would be put forward to the Community when they bring that up at the next continuation, which I imagine it will be. 412 00:49:25.050 --> 00:49:36.720 Karen Tarapata: Now i'm looking forward to making this available to the public before the meeting, because I think we're we've addressed many of their concerns and given us a really hard look. 413 00:49:40.350 --> 00:49:41.250 michael esmay: The hard look. 414 00:49:43.680 --> 00:49:47.070 Noelle Wolfson: we've already completed seeker on this with our hard luck references. 415 00:49:50.160 --> 00:49:50.580 Noelle Wolfson: That. 416 00:49:50.910 --> 00:49:55.410 Noelle Wolfson: Changes one more time just to make sure that everything is accounted for. 417 00:49:55.830 --> 00:49:56.190 sylviajeff: Oh. 418 00:49:56.490 --> 00:50:00.810 Noelle Wolfson: OK So the first thing is that i'm going to get rid of any reference to the word noise. 419 00:50:00.870 --> 00:50:01.590 and generally. 420 00:50:02.700 --> 00:50:08.850 Noelle Wolfson: Sound unless down is inappropriate and then we'll work, you know we'll work around to it to get to that intent. 421 00:50:09.720 --> 00:50:25.860 Noelle Wolfson: i'm going to add to the last sentence of the legislative intent section and the quiet enjoyment language you know, to the quiet enjoyment of their property within the village, and I will do just a little bit of research but barring anything significant that will be. 422 00:50:27.870 --> 00:50:33.150 Noelle Wolfson: changing the title of Section or to prohibited sounds. 423 00:50:33.900 --> 00:50:36.780 Karen Tarapata: Ah, eliminating the definition of noise. 424 00:50:36.900 --> 00:50:39.810 Noelle Wolfson: Eliminating the definition of noise Okay, let me. 425 00:50:40.740 --> 00:50:43.800 sylviajeff: was a prohibitive, so there was a different word we'd come up with. 426 00:50:44.610 --> 00:50:49.260 Noelle Wolfson: Sound prohibited sound or yes prohibited sound okay. 427 00:50:51.330 --> 00:51:03.210 Noelle Wolfson: i'm changing section for be to read the keeping or harboring have any animal outdoors which barks wines and makes other sound, which is clearly audible. 428 00:51:03.600 --> 00:51:17.790 Noelle Wolfson: Beyond the property line of the property from which the sound is emanating during the hours of 10pm and 10am or clearly audible from a point that is 300 feet from the property line of the property damage the animal is located at all times. 429 00:51:20.040 --> 00:51:21.690 Noelle Wolfson: Okay um. 430 00:51:23.250 --> 00:51:30.960 Noelle Wolfson: If it and then, if it would for a duration, that would annoy or just or of the reasonable person of normal auditory sensibilities. 431 00:51:32.340 --> 00:51:38.010 Noelle Wolfson: i'm not going to make any changes to see one i'm not going to make any changes to see to. 432 00:51:39.420 --> 00:51:41.700 Noelle Wolfson: i'm not going to make any changes to see three. 433 00:51:42.720 --> 00:51:53.160 Noelle Wolfson: i'm in see for an academic any changes or the one thing I neglected to point out, was that snow blowers has been added to for see as an exempted device. 434 00:51:55.980 --> 00:51:59.610 Noelle Wolfson: i'm not going to make any changes to board D. 435 00:52:02.370 --> 00:52:14.370 Noelle Wolfson: No changes to sections 567 or eight and nine i'm going to change, just to provide that it'll be effective upon the filing with the Secretary of State yeah okay. 436 00:52:19.200 --> 00:52:19.860 Karen Tarapata: Here we go. 437 00:52:20.250 --> 00:52:21.090 fantastic. 438 00:52:27.600 --> 00:52:38.100 Karen Tarapata: went through the definitions, well done, everybody, I have one other thing I was wanting to bring up while everybody's here, and this whole question we got a request from the summit slow. 439 00:52:38.640 --> 00:52:50.940 Karen Tarapata: To hold their fourth annual five K run walk on June 15 but they didn't bring us anything in time for our regular meeting so they've been the path of resolution. 440 00:52:51.600 --> 00:53:11.490 Karen Tarapata: allowing them to do these things they did it two years ago they've done it obviously support time they've done this, but now they have not asked us for permission and there's no time before the next before the event for a resolution of board, so no i'm kind of trying to. 441 00:53:12.540 --> 00:53:20.760 Karen Tarapata: figure out what to do, I hate to tell them they can't do it, but they really have screwed up as far as seeking our permission. 442 00:53:21.390 --> 00:53:24.720 michael esmay: How hard, is it to do a special meetings at our workshop. 443 00:53:26.940 --> 00:53:37.950 Karen Tarapata: Well that's the other question here, we felt now if we were to choose to do this, is it is it possible Noel for us to have a special meaning for this law. 444 00:53:39.240 --> 00:53:47.430 Karen Tarapata: For the noise law and then also do this resolution to allow them to do the run at the same special meeting. 445 00:53:50.430 --> 00:53:59.220 Karen Tarapata: which would be when June 10 June my birthday i'm willing to give up my birthday dinner to finish this up. 446 00:54:00.360 --> 00:54:01.050 michael esmay: wow. 447 00:54:01.530 --> 00:54:02.550 sylviajeff: Well, is true. 448 00:54:03.210 --> 00:54:11.070 Ken & Hilarie: Is there is there a problem with the fact that our resolution at the last meeting said that we are continuing. 449 00:54:13.710 --> 00:54:24.390 Ken & Hilarie: This to the 17th you know I mean I don't mind having a quick, you know 10 minute board meeting to approve the summit school on the 10th that's you know. 450 00:54:24.810 --> 00:54:27.060 michael esmay: Right well we're gonna have a workshop anyway right. 451 00:54:27.750 --> 00:54:28.080 Right. 452 00:54:29.310 --> 00:54:29.730 michael esmay: So. 453 00:54:30.870 --> 00:54:31.740 Karen Tarapata: So it's really. 454 00:54:31.800 --> 00:54:32.190 When. 455 00:54:34.110 --> 00:54:35.220 Karen Tarapata: we've done it before. 456 00:54:37.980 --> 00:54:50.820 Karen Tarapata: Well, I see what you're saying is because we did stated at the end, we should probably stick with the 17 I think that's wise we don't want we don't want to do anything that is herky jerky or untoward at this point. 457 00:54:53.760 --> 00:55:01.920 Karen Tarapata: Okay, so maybe we do a span of we make the workshop, especially getting there are real clear provisions on how that's done. 458 00:55:04.170 --> 00:55:04.410 sure. 459 00:55:05.910 --> 00:55:06.360 Karen Tarapata: Okay. 460 00:55:07.080 --> 00:55:09.300 michael esmay: With a stern letter to the summit school. 461 00:55:15.720 --> 00:55:20.790 Karen Tarapata: stern I like this okay well do it, it just makes I would be. 462 00:55:21.330 --> 00:55:28.980 Karen Tarapata: wrong if we gave them the permission in the right way, rather than just me just telling him go right ahead you. 463 00:55:30.750 --> 00:55:31.050 michael esmay: can't. 464 00:55:31.830 --> 00:55:33.300 Ken & Hilarie: You don't want to set that precedent. 465 00:55:33.990 --> 00:55:36.180 Laurie Dodge: Now, I think that would be a bad idea. 466 00:55:37.020 --> 00:55:40.620 Ken & Hilarie: Okay, good, but you could set you could set the precedent. 467 00:55:40.830 --> 00:55:47.010 Ken & Hilarie: You say that exceptions to our usual permission granted to only to those who walk boats in the village. 468 00:55:51.360 --> 00:55:53.220 Karen Tarapata: Oh boy then she said. 469 00:55:55.380 --> 00:55:56.730 Ken & Hilarie: Well, that would be a good thing. 470 00:55:57.090 --> 00:55:57.690 michael esmay: So thank you. 471 00:55:59.220 --> 00:56:00.660 michael esmay: Can I think you're kidding us. 472 00:56:02.610 --> 00:56:03.030 sylviajeff: I. 473 00:56:04.800 --> 00:56:05.010 sylviajeff: Be. 474 00:56:05.250 --> 00:56:12.270 Ken & Hilarie: twice in the same meaning How is that possible right seems so unlikely wait hold on. 475 00:56:14.550 --> 00:56:16.590 Karen Tarapata: This is already free zone as. 476 00:56:18.360 --> 00:56:21.660 Ken & Hilarie: We keep letting me make jokes will be here all night we better keep good. 477 00:56:23.670 --> 00:56:30.210 Karen Tarapata: All right, I feel I feel good about this did it in an hour, this is fantastic Thank you okay. 478 00:56:31.860 --> 00:56:38.880 Karen Tarapata: All right, everybody Well, no, well, I look forward to getting the revised law, I know. 479 00:56:39.960 --> 00:56:47.040 Karen Tarapata: Putting it on the website will be a great thing and we'll go, but to get people plenty of time to review it before the continuation. 480 00:56:47.580 --> 00:56:52.920 Noelle Wolfson: trial circulated tomorrow, these changes and take 10 minutes to make Thank you, Sir. 481 00:56:53.340 --> 00:57:01.350 Karen Tarapata: All right, everybody unless there's something else you want to talk about this workshop and it's certainly not Noel go, but I don't have anything else for tonight. 482 00:57:02.640 --> 00:57:12.090 Laurie Dodge: The only thing that I will say so that the board knows is at river hook on the Eighth, we are having an event for. 483 00:57:14.370 --> 00:57:29.190 Laurie Dodge: Civic it started as an event for not for profit leaders in rockland county but it's turned into an event for civic leaders in rockland county and I think we're up to about 1010 or 11 people who are attending including I mean. 484 00:57:29.580 --> 00:57:34.560 Laurie Dodge: It looks like Elijah himself is coming according to build list and George. 485 00:57:34.890 --> 00:57:35.490 sylviajeff: Are you saying. 486 00:57:39.270 --> 00:57:41.640 Laurie Dodge: We can start you know we can circulate the list. 487 00:57:42.060 --> 00:57:44.220 Karen Tarapata: nice thing a representative. 488 00:57:46.980 --> 00:58:08.310 Karen Tarapata: Oh, I was gonna say, the important thing is it's under 25 people because, according to our river hook regulations if it was more than 25 people would also have to have a special meeting to approve it, so I think we'll be fine with just that doesn't doesn't guess on the for an event. 489 00:58:08.850 --> 00:58:10.980 Laurie Dodge: yeah there could be more I mean I I. 490 00:58:11.340 --> 00:58:11.520 Karen Tarapata: I. 491 00:58:11.790 --> 00:58:24.900 Laurie Dodge: guess there are probably about 15 and then the River hook friends of river hook board, so we will all make sure that you guys actually all get an invite as well, if you want to attend it's from 11 to one. 492 00:58:26.460 --> 00:58:27.180 sylviajeff: It is. 493 00:58:27.270 --> 00:58:41.040 Laurie Dodge: On June 8 and essentially what it is, is it's just sharing what river what we what we've done with river hook over the course of the last couple of years, and what we hope to do in the future, sharing the design vision. 494 00:58:41.820 --> 00:58:46.830 Laurie Dodge: Jonathan malloy will be there, who actually put our design vision together. 495 00:58:47.970 --> 00:59:04.380 Laurie Dodge: Dave the worm guy nat with the bees um I don't know that we'll go behind and show BAT boxes because we've all determined that's not necessarily the best place for them to go but and then we're going to end at the at the front of the House and. 496 00:59:06.090 --> 00:59:19.710 Laurie Dodge: And if we can do some tours in the House, but we're going to have box lunches for people, which they can sit and enjoy on site, or they can go back to wherever they came from that's kind of the plan. 497 00:59:21.360 --> 00:59:21.480 I. 498 00:59:22.500 --> 00:59:28.500 Karen Tarapata: Just, I just wanted to be sure, once again, we really need to comply with our own rules. 499 00:59:29.640 --> 00:59:30.030 Ken & Hilarie: So I. 500 00:59:31.050 --> 00:59:31.890 Karen Tarapata: guess we're good. 501 00:59:32.400 --> 00:59:43.500 Ken & Hilarie: Right, so I know that i'm unable to attend that day thanks so for the invitation it's always in my 30th anniversary so we're off somewhere or other. 502 00:59:43.560 --> 00:59:47.820 Laurie Dodge: And I thought you were only 30 okay that's such a bad old joke what. 503 00:59:48.990 --> 00:59:49.830 Laurie Dodge: I have nothing. 504 00:59:50.010 --> 00:59:53.130 Ken & Hilarie: More yeah no no married by my parents at the age of one no. 505 00:59:53.760 --> 00:59:54.090 yeah. 506 00:59:55.530 --> 00:59:56.460 sylviajeff: happy anniversary. 507 00:59:56.970 --> 00:59:58.170 Laurie Dodge: happy anniversary. 508 00:59:58.410 --> 01:00:01.170 Ken & Hilarie: Thank you that's wonderful the anniversary. 509 01:00:01.290 --> 01:00:14.610 Laurie Dodge: So i'll send that to you i'll send the letter that we sent to the the again it's a combination of not for profit and and government leaders across parties. 510 01:00:16.920 --> 01:00:17.520 sylviajeff: sounds good. 511 01:00:17.940 --> 01:00:18.780 Ken & Hilarie: sounds great I do. 512 01:00:21.060 --> 01:00:23.430 Karen Tarapata: pray well we just hope for beautiful weather like. 513 01:00:23.430 --> 01:00:24.120 Karen Tarapata: Today yeah. 514 01:00:24.720 --> 01:00:29.520 Laurie Dodge: Right yeah we have no umbrella with sheep on them so. 515 01:00:30.840 --> 01:00:32.430 Laurie Dodge: yeah I know boots. 516 01:00:33.000 --> 01:00:36.540 Karen Tarapata: All right, good news lori, thank you for sharing that. 517 01:00:37.830 --> 01:00:38.700 Karen Tarapata: All right, alright we're done. 518 01:00:39.420 --> 01:00:39.870 michael esmay: we're done. 519 01:00:41.190 --> 01:00:41.730 Karen Tarapata: Thank you. 520 01:00:45.030 --> 01:00:45.900 Ken & Hilarie: Everybody thanks.