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[ TOWN OF GREENBURGH OFFICE OF THE TOWN BOARD 177 Hillside Avenue, Greenburgh, NY 10607 Tel: 914-989-1500 Fax: 914-993-1541 Email: JDudek@Greenburghny.com https://ny-greenburgh.civicplus.com/485/Watch-Live-Board-Meetings]

[00:00:03]

UH, WELCOME TARA.

OUR TOWN BOARD, UM, YOU KNOW, WORK SESSION.

UM, TODAY IS APRIL 26TH AT 6 21.

UM, AND WE'RE HAVING THE OPEN MEETING AND, UH, THE FIRST, UH, ITEM, UM, UH, A COUPLE WEEKS AGO, UM, WE WERE TALKING ABOUT THE TAX PENALTIES AND THE BOARD ASKED ME TO BE A LITTLE BIT MORE SPECIFIC RATHER THAN TO JUST FOCUS ON, DID YOU TAKE MY PEN, UH, SOMETHING IN GENERAL.

AND, UM, I THOUGHT THAT, UM, WE SHOULD HAVE A PROPOSAL, UM, REQUIRING THE RECEIVER OF TAXES TO SEND OUT A REMINDER POSTCARD FOR THE SECOND PAYMENT, AND WE WOULD PUT THAT IN THE, UH, 2024, UH, BUDGET SO EVERYBODY WOULD GET, YOU KNOW, A REMINDER.

AND, UM, THEN I, THAT SHOULD BE, THAT SHOULD BE A COURTESY REMINDER, THOUGH.

A COURTESY REMINDER, LIKE A POSTCARD, A COURTESY REMINDER POSTCARD.

BUT, BUT WE ALSO HAVE TO MAKE IT CLEAR THAT IF THEY DON'T GET THAT CARD, IT DOESN'T MEAN THAT THEY DON'T HAVE TO PAY THEIR TAXES.

THAT'S RIGHT.

AND THERE, THERE IS CASE LAW THAT MAKES THAT CLEAR.

AND I KNOW IT'S BEEN DISCUSSED IN THE PAST AS WELL.

YEAH.

I DON'T KNOW WHY WE STOPPED DOING IT.

WHY DID WE STOP DOING, I DON'T KNOW.

IT'S JUST THIS ONE PAST YEAR, I BELIEVE.

I, I KNOW IT IS COSTLY AND I, I KNOW THAT, UM, THE TAX COMMISSIONER HAS SAID SHE UNDERSTANDS THAT YOU WANT IT SENT OUT, SO IT'LL BE SENT OUT THIS YEAR.

YOU JUST HAVE TO DECIDE IF IT SHOULD BE ON A POSTCARD OR A LETTER.

A SMALL POSTCARD I THINK IS FINE.

YEAH.

YOU KNOW, I'M SORRY, JUST CLEAR.

YOU SAID TAX COMMISSIONER.

LET'S JUST BE CLEAR.

RECEIVER OF TAXES.

RECEIVER TAX.

TAX.

I JUST WANNA MAKE SURE EVERYONE'S CLEAR ON WHAT, AND, AND THE SECOND THING THAT I WAS SUGGEST GONNA SUGGEST, UM, IS, UM, UH, THE STATE BASICALLY HAS SAID THAT WE COULD WAIVE PENALTIES IF IT'S IN THE INTEREST OF THE PUBLIC.

AND I THOUGHT THAT, UM, IF IT'S THE BEST INTEREST OF THE TOWN IN THE INTEREST OF THE TOWN, AND I SORT OF THOUGHT THAT IT WOULD MAKE SENSE.

VERY DIFFERENT.

VERY DIFFERENT.

RIGHT.

AND INTERESTED OF THE TOWN.

AND I THOUGHT IF THERE WAS, UM, A DEATH OF, UH, IMMEDIATE FAMILY MEMBER A WEEK BEFORE THE TAXES ARE DUE, I MEAN, THAT'S SOMETHING THAT NOBODY COULD REALLY ANTICIPATE.

UH, OR IF, UM, THERE WAS LIKE AN EMERGENCY HOSPITALIZATION, UM, YOU KNOW, LET'S SAY SOMEBODY HAD A HEART ATTACK, YOU KNOW, THREE DAYS BEFORE IT WAS DUE, UH, THE TAXES WERE DUE LIKE A, A WEEK BEFORE AND THEY GOT, UM, UM, PERMIT, YOU KNOW, THEY GOT A NOTE FROM, FROM THE DOCTOR, UH, OR THE HOSPITAL ATTESTING TO THE FACT THEN WE WOULD, UH, WAIVE THE PENALTIES FOR, UH, FOR 30 DAYS OR, OR WE COULD HAVE A, IF THE BOARD WOULD PREFER A REDUCED, UH, PAYMENT.

I THINK ONE, UH, WASN'T THERE ONE OTHER TOWN IN WESTCHESTER THAT DID SOMETHING LIKE THAT? YES, I BELIEVE IT WAS EITHER IN NEW CASTLE OR NORTH CASTLE.

I CAN'T RECALL RIGHT NOW.

NEWCASTLE.

NEWCASTLE.

UM, JUST TO CLARIFY ONE POINT, THE TAXES ARE TECHNICALLY DUE ON APRIL 1ST, BUT THEY'RE NOT PENALIZED UNTIL MAY 1ST.

SO WE WOULD HAVE TO PUT SOME WORDING IN EFFECT AS TO WHAT IS THAT WEEK LONG HOSPITALIZATION OR, OR PERIOD.

THIS WOULD BE NOT FOR THIS APRIL TE YOU KNOW, IT WOULD BE FOR ALL THE MAIN ONE IS REALLY SEPTEMBER, JANUARY, BECAUSE THAT'S A 10% PENALTY.

UM, AND THAT'S, YOU KNOW, SO WE ONLY APPLY IN JANUARY, BUT NOT IN APRIL.

NO, WE, WE, I THINK WE SHOULD APPLY FOR ALL THREE TAX PAYMENTS.

BUT I'M SAYING THE, THE ONE THAT REALLY BOTHERS PEOPLE IS, IS THE, UH, THE JANUARY ONE, BECAUSE SO, SO THE 10% IS SO HIGH.

I GUESS I'LL, I'LL ASK THE SAME QUESTION I ASKED THE LAST TIME.

HOW COME WE NOT HAVE THIS DISCUSSION WITH THE, THE RECEIVER TAXES PRESENT? I MEAN, SHE SHOULD BE WEIGHING IN ON THIS SHOULD BE, THIS IS REALLY A POLICY, THIS, BUT THIS IS, IT'S FALL UNDER HER PURVIEW.

SO SHE SHOULD BE HERE TO BE ABLE TO WEIGH IN ON THIS.

WE COULD DO THAT.

I AGREE.

WE COULD DO THAT.

WHY WOULD, YEAH, I DON'T UNDERSTAND WHY WE WOULD HAVE THIS DISCUSSION.

I THINK SHE SHOULD BE PRESENT, AND I DON'T THINK WE CAN REQUIRE HER TO DO THIS.

SHE'S THE RECEIVER OF TAXES, YOU KNOW, WHAT WE'RE SAYING HERE IS AUTHORIZE IT.

UM, BUT SO FAR THE, THE PRIOR RECEIVER OF TAXES, AND AT LEAST LAST YEAR, SHE WAS NOT IN FAVOR OF THIS BECAUSE IT BECOMES A VERY SLIPPERY SLOPE AS AN EMERGENCY HOSPITALIZATION.

YEAH.

LET'S DEFINE THAT.

NOW WE'RE GETTING TO PEOPLE'S MEDICAL BUSINESS.

EXACTLY.

UH, BUT WE ALSO HAVE TO BE CLEAR, THE, THE TAXES, THE, THE, THE SCHOOL TAX IN SEPTEMBER IS DUE IN SEPTEMBER.

HOWEVER, THERE'S A GRACE PERIOD FOR 50% OF IT UNTIL JANUARY, AND YOU'RE SUPPOSED TO PAY IT DURING THAT GRACE PERIOD.

BUT WHAT APPARENTLY IS HAPPENING IS PEOPLE ARE WAITING UNTIL THE LAST WEEK OR DAY OF THAT GRACE PERIOD, AND NOW THIS WOULD GIVE A GRACE PERIOD TO THE GRACE PERIOD.

AND THAT'S WHY MEN, MOST MEN, MUNICIPALITIES DON'T DO THIS BECAUSE ONE, IT'S, IT'S HARD TO, UM, IMPLEMENT THIS FAIRLY.

AND WHEN YOU PUT OUT YOUR EMAIL TO OTHER MUNICIPALITIES,

[00:05:01]

UM, THE ALL BUT ONE CAME BACK SAYING THAT THEY DON'T DO IT, BUT THE ONE THAT DID COME BACK AND SAY, WELL, WE DO IT IF THERE'S A DEATH OF THE PROPERTY OWNER IN THE LAST WEEK OR SOMETHING LIKE THAT.

AND THAT'S WHERE THIS CAME FROM.

THIS IDEA CAME FROM.

YEAH.

I MEAN I JUST HAVE HAD OVER THE YEARS USUALLY LIKE MAYBE ONE OR TWO REAL MAJOR, YOU KNOW, CF STORIES, YOU KNOW, WHERE SOMEBODY DIED OF WAS DYING OF CANCER OR RIGHT.

BUT WHEN YOU CREATE, WHEN YOU CREATE, YOU KNOW, LEGISLATION LIKE THIS, IT ENCOURAGES MORE, I THINK MM-HMM.

, I CONTINUE TO BE IN FAVOR OF AN AMNESTY GENERALLY FOR EVERYONE IN A SITUATION WHERE WE'VE DETERMINED THAT IT'S APPROPRIATE RATHER THAN CARVING OUT THESE TYPES OF EXCEPTIONS, UM, FOR INDIVIDUALS.

BECAUSE I THINK IT'S GONNA BE REALLY HARD TO, TO, TO DISCERN, UM, YOU KNOW, THE STORIES FROM EVERYONE.

AND I DON'T KNOW WHO'S GONNA ADMINISTER THAT.

I GUESS IT WOULD BE THE RECEIVER OF TAXES, WHICH TO GINA'S POINT, SHE SHOULD BE HERE TO OPINE.

OKAY.

SO SHE, AND ANOTHER THING TO CONSIDER IS THAT IT CAN BE A SLIPPERY SLOPE BECAUSE, YOU KNOW, THERE CAN BE ALL KINDS OF EMERGENCIES THAT PEOPLE WILL TRY TO INVOKE AND THAT PUTS MORE PRESSURE ON THE RECEIVER OF TAXES TO, TO THWART ANY, ANY PEOPLE THAT ARE TRYING TO GAME THE SYSTEM.

MM-HMM.

, I JUST FIND THAT, I, I THINK THAT, I THINK THAT GOES TO FRANCIS' POINT, YOU KNOW, WHAT IS AN EMERGENCY? I THINK DIFFERENT PEOPLE DEFINE EMERGENCIES IN DIFFERENT WAYS.

MM-HMM.

.

AND UNLESS WE'RE GONNA COME UP WITH AN, AND I DON'T THINK WE CAN COME UP WITH AN IRONCLAD DEFINITION, UM, BECAUSE EVEN THAT IN AND OF ITSELF IS NOT FAIR BECAUSE WE'RE ASKING PEOPLE TO ACCEPT OUR DEFINITION OF EMERGENCY IN THEIR HOUSEHOLD.

MM-HMM.

.

SO THAT'S EVEN, YOU KNOW, A GRAY AREA THAT I THINK WILL CAUSE, UM, SOME, YOU KNOW, CONFUSION.

I THINK WE NEED TO INCREASE OUR EFFORTS TO MAKE SURE WE PUT THE SIGNS UP ON THE STREETS NOW, WHICH OTHER MUNICIPALITIES, UM, SOME OTHER MUNICIPALITIES DO.

WE'RE GONNA GO BACK TO USING THE POSTCARD AS A COURTESY TO REMIND THEM THAT THE TAXES ARE DUE.

UM, YOU, I I, I I'M JUST CONCERNED THAT THERE'S GONNA BECOME QUITE POLITICAL AS A MATTER OF FACT, AS TO IF THEY CONTACT YOU, YOU'LL SAY, OKAY, LET'S WAIVE THE TAXES IF THEY CONTACT SOMEBODY ELSE, UH, IT'S GONNA BE VERY DIFFICULT TO REGULATE, BUT THAT'S WHY WE NEED THE RECEIVER OF TAXES.

OKAY.

WE GO.

AND, AND, AND JUST, JUST, UM, ONE MORE THING.

UM, THE, THE, AND I'VE FORGOTTEN WHAT I WAS GONNA SAY.

SO GOTTA WRITE IT DOWN.

I THINK YOU AGREE WITH ME.

OF COURSE.

THAT WOULD BE, THAT WOULD BE THE EASIEST ANSWER.

WE ARE GONNA DO THAT.

I THOUGHT IT MIGHT MAKE IT TO MY BRAIN.

THAT'S WHAT WE'RE GONNA DO.

YEAH, I KNOW, I KNOW WHAT I WAS GONNA SAY ON THE REMINDER, YOU KNOW, IT'S NOT ONLY A REMINDER, BUT YOU CAN CRAFT THE LANGUAGE TO SAY THAT THERE IS, THERE, THERE WILL BE NO FORGIVENESS OR SOMETHING TO, TO REALLY MAKE SURE THAT PEOPLE UNDERSTAND THAT THEY, THAT THEY CANNOT FOREGO IT.

AND, AND I THINK THAT WE SHOULD EXPLORE KEN'S SUGGESTION OF AMNESTY.

BUT AGAIN, WITH THE GENERAL, GENERALLY WITH THE RECEIVER OF TAXES, THEY, THEY'RE GENERALLY, FOR EXAMPLE, THERE'S A MAJOR STOVE SNOWSTORM, RIGHT? AND YOU KNOW, WHATEVER REASON THE BANKS ARE CLOSED OR WHATEVER, THAT WOULD APPLY THROUGHOUT THE STATE, MOST LIKELY, RIGHT? 'CAUSE OF THE STATE OF EMERGENCY, UH, HOW YOU DEAL WITH AN INDIVIDUAL SITUATION AND DO IT FAIRLY AND MAKE SURE THAT EVERYBODY IS AWARE OF IT WITHOUT IT BEING, UM, OVERUSED FOR, YOU KNOW, WHAT A PARTICULAR PERSON'S EMERGENCY IS.

BUT IF YOU DO IT FOR A MEDICAL EMERGENCY, WHAT HAPPENS IF SOMEBODY'S HOUSE GOES ON FIRE? ISN'T THAT, YOU KNOW, I MEAN, THAT'S GOOD TOO.

I, IT'S A PROBLEM.

BUT IT'S ARY STILL, STILL DOES MAKE IT DISCRETIONARY AND, AND IT, YOU KNOW, WE CAN'T ANTICIPATE.

I'M SURE THERE, THERE'LL BE ANY NUMBER OF EMERGENCIES THAT HAVE SOME VALIDITY, RIGHT? AND THE PENALTY, WHICH I BELIEVE IS 12% IS A VERY HIGH NUMBER.

BUT IT'S FACTORING IN THAT YOU DID NOT PAY THOSE TAXES IN SEPTEMBER, OCTOBER, NOVEMBER, DECEMBER, OR JANUARY.

AND THAT'S WHY WHEN YOU MISSED THE JANUARY GRACE PERIOD, UH, THE STATE IMPOSES THAT HIGH PENALTY AND YOU GET HIT WITH IT, YOU KNOW, THE FIRST DAY OF FEBRUARY.

SO, OKAY.

OKAY.

OKAY.

ANYTHING ELSE? UM, OH, WE DO WE HAVE THE AGENDA REVIEW OR YEAH, BUT DON, WE, WE WANT TO REALLY DOESN'T MATTER 'CAUSE WE CAN'T CHANGE ANYTHING.

WE TALKED ABOUT, I DID WANNA JUST MAKE A COUPLE OF ANNOUNCEMENTS.

SURE.

UM, SO

[00:10:01]

AMERICAN RED CROSS HAS A SOUND, THE ALARM SAVE A LIFE PROGRAM UNDERWAY AND THEY WILL PROVIDE FREE SMOKE ALARMS. UM, AND YOU CAN, YOU CAN FIND THE INFORMATION, YOU CAN SIGN UP FOR FREE INSTALLATION, EXCUSE ME.

UM, FREE, YEAH, BOTH FREE SMOKE ALARMS AND INSTALLATION.

SO IF YOU LOOK UP RED CROSS SAVE A LIFE PROGRAM, AND I BELIEVE WE HAVE IT ON OUR WEBSITE TOO.

I ASKED FRANK AND LIZ, THEY PUT IT ON.

UM, THEN THERE IS ALSO, UM, JUST FOR AWARENESS THAT, UM, THAT THERE WILL BE EMAIL CHANGES PUT IN PLACE FOR THE COUNTY AND THE, IT'S A STATE MANDATED, UM, EFFORT FOR SECURITY AND SAFETY AND, UM, MARGUERITE BY THE, THE C I O FOR IT AT THE COUNTY HAS OFFERED HER SERVICES IF ANY MUNICIPALITIES WOULD LIKE TO AVAIL THEMSELVES.

SO THAT'S SOMETHING TO CONSIDER TOO.

OKAY, THANK YOU.

THOSE AGENDAS? YES, THAT'S BECOMING.GOV INSTEAD OF.GOV ORG.

THAT'S IT.

UM, SO ALSO, OKAY.

OPERATION PROM DRESS AND TUXEDO GIVEAWAY WILL BE HELD FROM FRIDAY, APRIL 28TH TO SUNDAY, APRIL 30TH AT THE WESTCHESTER COUNTY CENTER.

UM, SO THAT FOR STUDENTS WHO WOULD LIKE TO AVAIL THEMSELVES, PLEASE FEEL FREE TO GO TO THE COUNTY CENTER, BREAKING CORRECTLY.

WE'LL PUT THAT ON THE WEBSITE BETWEEN BETWEEN 10:00 AM AND 4:00 PM PUT THAT ON THE WEBSITE.

YEAH.

OKAY.

THE AGENDA.

SO I'M DONE.

ALRIGHT.

DO YOU WANT TO DID AGENDA, RUDY, DO WE HAVE ANYTHING MORE ABOUT PASQUALE? ABOUT WHAT I COULD HEAR PASQUALE, UH, IN MEMORY OF ELLO? OH, I DO NOT.

RIGHT.

AND MARIE ZOW, WHO WORKED IN THE BUILDING DEPARTMENT FOR A VERY LONG TIME, UH, PASSED AWAY.

OH, REALLY? YEAH.

REMEMBER THAT VERY NICE LADY.

ACTUALLY, SHE, SHE PASSED AWAY ON SATURDAY, I'M SORRY, FRIDAY.

AND I FOUND OUT ABOUT IT, UM, SATURDAY NIGHT, BUT, UM, THEY ALREADY HAD SERER THE SERVICES MM-HMM.

, SO SHE WAS SO NICE.

SHE LIVED THE CLOSE CORNER, RIGHT? YEAH, SHE DID.

YEAH.

VERY, VERY NICE LADY.

MAYBE WE MENTION HER TONIGHT TOO.

WELL, WE CAN MENTION HER, BUT I THINK WE SHOULD ADD, ADD IT TO THE NEXT ONE.

MM-HMM.

, SHE WASN'T THAT OLD.

UM, I, I DON'T THINK SHE'D MIND ANYMORE, BUT, UH, SHE, I THINK SHE WAS 80.

AND WE MIGHT WANNA TALK ABOUT ANDREW PRIZE'S.

UM, HER WISDOM.

I THINK WE SHOULD ACTUALLY HAVE A PROCLAMATION.

I DO.

SHE AND TALK.

AND SO THE POLICE OFFICERS THAT ARE INVOLVED AND DO IT AT THE NEXT MEETING.

YEAH.

YEAH.

I AGREE.

I THOUGHT, I THOUGHT WE TABLED TB ONE.

CAN WE TABLE TB ONE? WELL, SINCE WE DON'T KNOW IF THEY, UH, IF THEY, WE DON'T KNOW WHETHER OR NOT THEY PASSED THE BUDGET YET.

I'M SURE IF THEY PASSED THE BUDGET, WE WOULD'VE GONE OUT ABOUT IT.

SO WE'LL HOLD THAT OVER.

WE WOULD'VE HEARD ABOUT IT.

YEAH.

WE'LL, WE'LL HOLD THAT OVER SO WE HOLD OVER.

YEAH.

DO YOU KNOW IF THAT'S, UH, STILL IN THE BUDGET? NO, I DON'T KNOW.

UNFORTUNATELY, OUR SOURCE, OH, , IT'S BEEN HAVING DIVERTED WITH ANOTHER, SO, SO IN TERMS OF THE LEAF OF BLAH BLAH LAW, SO WE'RE HAVING A HEARING TODAY.

AND IS THE CURRENT VERSION PUT UP? YES.

YEAH, IT'S, IT'S UP ON THE WEB.

IT'S SOMETHING WE PROBABLY SHOULD HAVE A, WELL, YEAH, WE SHOULD PROBABLY HAVE A COPY OF THAT TOO.

THE SHORT AGENDA EXCEPT FOR THE PUBLIC HEARINGS.

WHAT WAS THAT? THEY SAID IT'S A SHORT AGENDA EXCEPT FOR THE PUBLIC HEARING.

YEAH.

LAST MEETING WAS 34 RESOLUTIONS, WHICH WAS NOT A RECORD.

50 IS OUR,

[00:15:02]

IS OUR RECORD.

SO TONIGHT THE PUBLIC HEARING IS ON THE, WITH REGARD TO LEAF BLOWERS, IS REGARD TO WHAT JOE CREATED, CORRECT? CORRECT.

SO THERE'S ALSO SOMETHING FLOATING AROUND THAT MIKE SIEGEL AND ALAN AND T TORY WORKED ON.

HOW DOES THAT PLAY INTO WHAT WE'RE DOING TONIGHT? YOU WORKED ON IT.

WELL, I WAS, I DIDN'T WORK ON IT.

I WAS APPRISED OF IT JUST AS KEN AND I GUESS PAUL WAS, BUT IT SOUNDS LIKE A, ANYTHING ABOUT THEY'RE BASICALLY SUGGESTING, UH, BECAUSE I SPOKE TO MIKE BEFORE THE MEETING MM-HMM.

MM-HMM.

, UH, THEY'RE, UH, PROPOSING, UM, THAT IN ADDITION TO THE PROPOSED ORDINANCE THAT JOE WORKED ON MM-HMM.

, THAT WE, UM, HAVE BASICALLY SAY FOR THE MONTH OF, SAY JUNE, WAIT JULY 1ST TO THE MIDDLE OF AUGUST, THERE'D BE NO LEAF BLOWING ANYWHERE IN THE TOWN FOR ONE YEAR TRIAL PERIOD.

AND THE, THE THOUGHT IS THAT LEAVES DON'T COME DOWN, UM, DURING THE SUMMER, YOU KNOW, THE SUMMER MONTHS.

SO THIS WAY IT WOULD GIVE, UM, US A CHANCE TO, UH, GIVE THE COMMUNITY AN OPPORTUNITY TO HAVE PEACE AND QUIET FOR SIX WEEKS.

UM, UH, UM, AND, UM, WITH NOT THAT MUCH INCONVENIENCE, BECAUSE IF LEAVES ARE NOT COMING DOWN, THERE'S NOT GONNA BE A LOT OF DEBRIS AND, YOU KNOW, PEOPLE COULD SWEEP IT OR, OR WHATEVER MM-HMM.

, UM, ON THE OTHER HAND, UM, YOU KNOW, IT WOULD BE FOR, FOR SIX WEEKS AND THE FIR FOR THE FIRST YEAR, IT WOULD BE NO, NO SUMMONS FOR THE FIRST WARNING.

SO, YOU KNOW, IT WOULD BE REALLY JUST A TRIAL TO TEST OUT THE CONCEPT AND SEE PEOPLE, YOU KNOW, FEEL THAT THERE'S, THAT IT'S, IT'S DOABLE BECAUSE THE C A C BELIEVES, UM, AND THEY DID MEET WITH THE TOWN BOARD, UM, WITH EX, YOU KNOW, MEDICAL EXPERTS THAT LEAF BLOWERS, EVEN IF THEY'RE GEARS OR ELECTRIC, THEY BOTH CREATE HEALTH ISSUES.

SO THAT WOULD THEN BE, SUGGEST, SUGGESTED AS AN ADDITION TO WHAT JOE? IT WOULD BE, IT WOULD BE A NEW CHAPTER, A NEW CHAPTER, A NEW CHAPTER WITH A SUNSET PROVISION.

THE LAW ON TONIGHT IS A MODIFICATION OR AN AMENDMENT UHHUH TO THE CURRENT NOISE ORDINANCE.

OKAY.

SO THERE WOULD BE NO SUNSET PROVISION.

OKAY.

IT WOULD BE A, A, A NEW LAW.

UM, YOU COULD ALWAYS REVISIT IT IN THE FUTURE, OF COURSE MM-HMM.

WITH FUTURE, UH, PUBLIC HEARINGS AND AMENDMENTS AT THAT TIME.

OKAY.

THE TWO LAWS AS DESCRIBED THAT A SUPERVISOR WOULD NOT CONFLICT WITH EACH OTHER.

OKAY.

SO IF THE TOWN BOARD WOULD LIKE TO PROCEED THAT WAY, WE COULD SCHEDULE A DIFFERENT, UH, PUBLIC HEARING AFTER TONIGHT FOR, UH, THE NEW, THE CREATION OF THAT NEW CHAPTER AS WELL WITH THE SUNSET PROVISION.

RIGHT.

GOTCHA.

THEN WE COULD HEAR FROM THE POLICE, YOU COULD HEAR FROM MY OFFICE AND FROM THE PUBLIC IF THAT NEW LAW IS WORKING AND ENFORCEABLE.

I WANTED TO ALSO, UH, SUGGEST IN TERMS OF, UM, UM, AN AMENDMENT TO YOUR LAW.

I THINK THAT WE SHOULD BASICALLY, UH, DIRECT THE POLICE DEPARTMENT TO PROVIDE THE TOWN BOARD WITH AN ANNUAL REPORT ON, UM, ON THE ENFORCEMENT.

SO THEY COULD SAY, UH, SINCE THIS NOISE ORDINANCE WENT INTO EFFECT, UH, WE GAVE FOUR SUMMONSES, OR WE GAVE 300 SUMMONS, AND THIS WAY WE COULD REALLY, UM, SEE IF, UH, THE LAW IS, YOU KNOW, IS ACTUALLY EFFECTIVE AT ALL.

AND DIDN'T YOU, IT, IT DOESN'T ONLY PERTAIN TO POLICE, SO OFFICERS.

CORRECT.

YES.

SO I WOULD SAY YOU, YOU SHOULD DO THAT BY RESOLUTION AS OPPOSED TO PUTTING THAT IN THE LAW AND IN, IN REGARDS TO THE ENFORCEMENT OF THE NOISE ORDINANCE.

UM, SECTION THREE 80 DASH EIGHT PRESENTLY READS AND WOULD NOT BE AMENDED BASED ON MY MODIFICATIONS OR PROPOSED AMENDMENTS TONIGHT.

IT SAYS THE TOWN POLICE SHALL BE CHARGED WITH ENFORCEMENT OF THIS CHAPTER UNLESS THE CHIEF OF POLICE DESIGNATES AN ENFORCEMENT OFFICER OUTSIDE THE POLICE DEPARTMENT AND WITH CONSENT OF THE TOWN BOARD DELEGATES AUTHORITY FOR PROS PROSECUTION TO SUCH ENFORCEMENT OFFICER.

SO PRESENTLY THE POLICE WOULD ENFORCE THE NOISE ORDINANCE, INCLUDING THE NEW AMENDMENTS TONIGHT.

BUT, UM, CAPTAIN POWELL COULD ALWAYS, WITH YOUR APPROVAL DESIGNATE CHIEF.

YES.

EXCUSE ME, , I'M GETTING ALL THE TERMS MIXED UP TONIGHT.

, CHIEF POWELL COULD ALWAYS DESIGNATE ANOTHER ENFORCEMENT OFFICER WITHIN THE TOWN AND, UH, ENFORCEMENT.

SO WE COULD REALLY HAVE FURTHERMENT ENFORCEMENT BUILDING DEPARTMENT, THE, UH, THE INSPECTORS, UM, AND THE POLICE DEPARTMENT ALL, UH, BEING

[00:20:01]

LISTED TO HELP WITH ENFORCEMENT.

YES.

WELL, WE DO HAVE A CODE ENFORCEMENT OFFICER, SO THEY, THAT PERSON WOULD BE IN THERE.

MM-HMM.

.

YES.

THAT'S IN D P W.

THEN WE HAVE THE BUILDING DEPARTMENT, RIGHT? MM-HMM.

, I WOULDN'T WANT TO, I HAVE TO SEE THE WORDING, BUT I WOULDN'T WANT TO MAKE IT THAT THE POLICE CHIEF CAN DESIGNATE, UH, A SEPARATE PERSON OUTSIDE.

'CAUSE THAT JUST GIVES YOU ONE PERSON FOR THE ENTIRE UNINCORPORATED AREA AS OPPOSED TO HAVING THE ENTIRE POLICE DEPARTMENT WHEN THEY'RE OUT ON PATROL PLUS THE BUILDING DEPARTMENT PLUS, YOU KNOW, SO WE, WE JUST HAVE TO MAKE SURE THAT THAT COULD BE AN ADDITION TO, OR A SUPPLEMENT TO.

OH, IT IS IN ADDITION TO IT'S AN ADDITION.

YES.

OKAY.

ANY, ANY REASON WHY, UM, LIKE DIRECT PUTTING IN THE CODE THAT THE POLICE DEPARTMENT, UH, OR THE BUILDING OR THE CODE ENFORCER ASKED TO GIVE US AN ANNUAL REPORT CAN'T BE IN THE LOCAL LAW BECAUSE THAT, WOULDN'T THAT MAKE IT MUCH MORE LIKE POWERFUL? REALLY? WELL, I'D BE CONCERNED ABOUT THAT QUITE FRANKLY, BECAUSE WE DON'T PUT THAT IN FOR EACH LAW.

RIGHT.

BUT IT WOULD BE NICE TO BE ABLE TO GET REPORTS ABOUT OTHERS.

BUT I THINK YOU DIMINISH THE ENFORCEMENT OF THE OTHER ONES.

WHEN YOU SAY THAT'S THE ONE WE WANT TO REPORT FOR EVERY YEAR, WE COULD ALWAYS ASK, RIGHT.

IF WE ASK, WE'RE GONNA GET ONE.

RIGHT.

IT'S NOT A MATTER OF SAYING AT THE SAME TIME WE PASS IT.

MAYBE WE COULD DO JUST A SIMPLE RESOLUTION SAYING WITH LIKE, UM, AN ANNUAL REPORT.

BECAUSE I THINK MOST COMMUNITIES THAT HAVE LEAFBLOWER LAWS DON'T ENFORCE 'EM.

UM, YOU KNOW, I FEEL THAT, YOU KNOW, EVERYBODY SAYS, OH, IT'S GREAT, AND THEN YOU FORGET ABOUT IT.

AND IT WOULD BE, I THINK SCARSDALE ONLY KNOW HAS BEEN ENFORCING IT THE PAST YEAR.

BUT, YOU KNOW, I DON'T, AND HOW HAVE THEY BEEN? UM, HOW MANY HAVE THEY, DID THEY DESIGNATE A SPECIFIC OFFICER OR DO THEY HAVE IT OPEN TO ALL OFFICERS? I THINK THAT, I'M NOT SURE, BUT I JUST KNOW THAT, YOU KNOW, THEY'VE BEEN, LAST YEAR THEY PUT UP, UH, DIGITAL SIGN BOARDS, UM, AND I DID SPEAK TO THE THAT'S NOT ENFORCING IT.

THAT'S A, THAT'S, THAT'S A WAY MAKING THEM AWARE.

A RESIDENT TOLD ME, A SCARSDALE RESIDENT TOLD ME YESTERDAY THAT SHE DIDN'T THINK THAT IT WAS BEING ENFORCED THAT WELL, BECAUSE NEIGHBORS WON'T INFORM ON EACH OTHER, YOU KNOW, AND IN ORDER TO, FOR THE LAW TO BE ENFORCED, THEY HAVE TO CALL, YOU KNOW, CALL THE POLICE AND HAVE, OR THE TOWN AND HAVE THE ENFORCEMENT OFFICIAL COME AND ENFORCE.

AND SHE SAID THAT, YOU KNOW, HER NEIGHBORS, PARTICULARLY IN HER NEIGHBORHOOD, I THINK SHE MAY BE IN THE EDGEWOOD SECTION, UM, DON'T WANNA CALL THE POLICE, YOU KNOW, THE ENFORCEMENT MECHANISM ON EACH OTHER.

SO THEY JUST LOOK THE OTHER WAY.

YOU CAN WITH US THOUGH, YOU CAN MAKE AN ANONYMOUS CALL.

THEY TREAT THE ANONYMOUS CALLS THE SAME AS THE, YOU KNOW, SOMEBODY WHO GIVES THEIR NAME.

MM-HMM.

MM-HMM.

.

AND THE, AND THE POLICE ALSO HAVE THE RIGHT TO ENFORCE WITHOUT A COMPLAINT COMING IN IF THEY KNOW MM-HMM.

, THERE'S A REPEAT OFFENDER MM-HMM.

, AND THEY SEE MANY GAS BLOWERS ON, ON THE CERTAIN PROPERTY.

THEY DON'T NEED THAT PHONE CALL TO ENFORCE MM-HMM.

MM-HMM.

.

BUT ALSO IF YOU HAVE IN THE PROVISION THAT PEOPLE CAN MAKE A COMPLAINT, THEN AT THE END OF THE YEAR, IF YOU, IF WE, UM, SEE THAT, HEY, NO ONE'S ENFORCING THIS, AND WE SEE THAT WE GOT VERY FEW COMPLAINTS, UM, YOU KNOW, THAT SAYS SOMETHING ABOUT WHAT, WHAT WHAT THE, UM, THE MAGNITUDE OF THE NUMBER.

RIGHT.

AND CAN SOMEONE REMIND ME OF WHY WE ESTABLISHED 75 DECIBELS? WELL, IF YOU GO OUTSIDE TOWN HALL, IT'S 55.

SO, UH, AS SOON AS YOU, AS SOON AS YOU TURN ON ANYTHING, UM, YOU'RE UP THERE NOW, WHAT? Y 75? UM, I, I THINK, UM, OH, JOE JOE'S THE ONE THAT WROTE IT, BUT I, I THINK YOU HAVE TO HAVE SOME NUMBER THAT'S REASONABLE ABOVE THE AMBIENT NOISE.

RIGHT.

SO IT, IT'S, IT'S REALLY A MATTER OF AMBIENT NOISE, HOW LONG EFFECT IS, YOU KNOW, IT COULD BE ANOTHER ISSUE, BUT I, I'VE SEEN 70 AND I'VE SEEN 75 IN OTHER MUNICIPALITIES.

MM-HMM.

, ALL MY GUESS IS, UH, A LAWNMOWER PRETTY CLOSE TO THAT.

AND EVEN THOUGH WE'RE MEASURING, YOU KNOW, A CERTAIN NUMBER OF FEET FROM THE PROPERTY LINE MOWERS GET PRETTY CLOSE TO THE PROPERTY LINE.

.

RIGHT.

SO I, I DO WANT TO 0.1 MORE THING OUT IN REGARDS TO THIS LAW.

ONE OF THE PROVISIONS IS THE SIMULTANEOUS OPERATION OF MORE THAN ONE LEAF BLOWER ON A PROPERTY OF 10,000 SQUARE FEET OR LESS IN AREA IS PROHIBITED.

WE ACCIDENTALLY POSTED 5,000 SQUARE FEET.

UM, WHEN THE SUPERVISOR SENT OUT A NOTICE ABOUT THIS LAW LAST WEEK, HE, HE SAID 10,000, BUT THE LAW INCLUDED 5,000.

SO I'D JUST LIKE THE PUBLIC TO KNOW THAT.

AND THAT COULD BE UP FOR DISCUSSION TONIGHT TOO.

IF YOU THINK ABOUT THE SIZE OF A 5,000 SQUARE FOOT LOT AND A 10,000 SQUARE FOOT LOT, THAT'S THE DIFFERENCE BETWEEN APPROXIMATELY A 10TH OF AN ACRE OR A TWO TENTHS OF AN ACRE.

UM, SO IT DOES HAVE MAKE A DIFFERENCE IN THE LAW.

IT'S NOT

[00:25:01]

THAT SUBSTANTIAL.

UH, BUT MY INTENT WAS A 10,000 SQUARE FOOT LAW, WHICH IS ABOUT TWO TENTHS OF AN ACRE.

YEAH.

PAUL, YOU ACTUALLY PUT OUT THE ROUGH DRAFT THAT JOE HAD INITIALLY PUT OUT BEFORE, YOU KNOW, ANY OF THIS, ANY OF THESE THINGS CAME UP.

SO I'M SURE WE'RE GONNA GET COMMENTS ABOUT IT.

AND THAT'S THE PURPOSE OF THE PUBLIC HEARING.

YES.

DO WE, UH, SO ARE WE GONNA BE CLOSING THE HEARING TODAY OR, IT DEPENDS ON WHAT WE HEAR, RIGHT? OKAY.

DEPENDS ON WHAT WE HEAR.

AND THERE, SO IS THERE SORT OF A CONSENSUS THAT, UM, UH, THE PROPOSAL BY TERRITORY AND YOU KNOW, MIKE SIEGEL, THAT WE COULD PUT THAT ON? I WOULD LOVE TO READ IT.

FIRST.

NEED TO READ.

DID WE READ IT? WHAT A CONCEPT.

.

YEAH.

I WILL SAY THAT, JUST HEARING IT, IT DOESN'T SOUND LIKE IT'S IN CONFLICT WITH THIS ONE.

SO I SUGGEST WE PROCEED TONIGHT.

DO WE WANNA MENTION IT AT THE, AT THE HEARING THAT THEY, THAT'S WHAT THE PUBLIC HEARINGS FOR.

WE LET THEM, LET THEM PROPOSE IT.

LET THEM PROPOSE IT.

ALRIGHT.

WE, WE HAVE THINGS TO DO IN EXECUTIVE SESSION.

PAUL.

PAUL.

YEAH.

I'D LIKE TO MOVE, WE GO INTO EXECUTIVE SESSION FOUR FOR THE PURPOSE OF DISCUSSING PERSONAL MATTERS INVOLVING SPECIFIC INDIVIDUALS AND SEEK LEGAL ADVICE ON SECOND.

AYE.

IN FAVOR, AYE.

AYE, .

AND WE WILL BE COMING BACK AT SEVEN 30.

SEVEN 30 FOR THE OFFICIAL TOWN BOARD MEETING.