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VI UPDATE U.S. Virgin Islands Public Records TRANSCRIPT OF PUBLIC PROCEEDINGS | Committee on Economic Development and Agriculture Legislature USVI May 4, 2022 · 1.3 hours · gov Source recording https://youtu.be/psuyL1sGMoE Status This is a working transcript produced by machine from a recording of a public proceeding. It is a finding aid, not an official record of the Legislature. Transcribed by VI Update, using OpenAI Whisper large-v3-turbo, run locally. Not reviewed by a person. Reliability Automatic transcription, UNVERIFIED. Verify every quotation against the recording before relying on it. Speech recognition splits spoken digits and wraps figures mid-number, so a dollar amount, a vote count or a bill number can be wrong in a way that reads as correct. Speakers are not identified: automatic speaker labelling was measured unusable and removed. Public record The underlying proceeding is a public record of the Legislature of the Virgin Islands. 3 V.I.C. § 881(a) defines public records to include all records and documents of or belonging to this Territory or any branch of government, or any "department, board, council or committee of any branch of government" · which names legislative committees by category. § 881(b) gives every citizen the right to examine and copy such records, and the news media the right to publish them. (The open-meetings chapter, 1 V.I.C. § 254, does NOT reach the Legislature: § 253(b) expressly excludes it and its Standing and Special Committees. § 881 does, and it is § 881 that confers the right to copy and publish.) The Legislature broadcast this proceeding publicly itself. The source recording is not ours, is not hosted here, and remains with its publisher at the link above. Rights To what we added · the transcription, its arrangement and its description · we assert nothing. A verbatim transcript is mechanical rather than authored, so there is likely nothing in it to own; to the extent any copyright is nonetheless found to subsist, it is dedicated to the public domain under CC0 1.0. Please copy it, quote it, index it, train on it, republish it, mirror it, sell it. Redistribution is the point: a public record with one copy is one fire from gone. No permission is needed, and none is ours to grant or withhold. *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* 0:00:00 *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* *music* Thank you. 0:01:44 The committee on Homeland Security, Justice and Public Safety is hereby called to order. Good morning, good morning, good morning, good morning. Good morning to everyone within the sound of my voice. TGIF, TGIF, TGIF, thank God it's Friday. 0:03:26 We are here at the closure of another beautiful week in this beautiful place that we call our home, the beautiful Virgin Islands. Today is sure legislature staff appreciation day and the winning employee is none other than the LeBron James of the legislature, Mr. Michael Benji Benjamin. So when you see him today, give him a hearty, hearty congrats. You can even offer to buy him lunch, but it has to be a vegan lunch because Benji ain't a meat eater anymore. Congrats, congrats, Benji. Ah, we just closed off our 70th anniversary of Carnival. Wow, imagine how time flies, eh? 70 Carnival's have come and gone in what seem to be the blink of an eye. Our time on earth as it relates to eternity is extremely short. 0:04:02 Therefore, we should greet everyone that we meet with a warm greeting such as, good thing, something I learned from my good friend, Irving Brownie Brown. May so continue to rest in eternal peace. I had the honor and privilege of coming up the streets, playing snare drum with the world-class Indians as they closed out the parade in their cultural native Indian style. It was overcast and rainy for most of the day. However, the parade was one for the records. The Grand Marshal and the Carnival Queen for this year was none other than Mrs. Carmen Sibley, who was the first Carnival Queen. She gracefully and effortlessly, with such poise, glided through the post office square as she waved at onlookers. And believe it or not, she is a mayor, 89 years young. You see what living in a paradise does for you? 0:04:49 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 1 of 9 Legislature USVI · | Committee on Economic Development and Agriculture Bathing in our crystal clear waters is like rejuvenating yourself in the fountain of youth. On another note, we are slowly approaching hurricane season and vitamin Mary reminds the public to be prepared, stay informed and stay vigilant. Know where to go, if you are ordered to evacuate, know the local hurricane evacuation routes to take and have a plan for where you can stay. Communicate, talk with your family about what to do if a hurricane strikes, include emergency plans for elderly and disabled family members. Put together a disaster supply kit. Your disaster supply kit should include a flashlight, batteries, cash, first aid supplies, medications, and copies of critical information if you need to evacuate. Take pictures of your most important documentation and email them to your secure email to ensure that you can access them. If you decide to stay in your home, plan for adequate supplies in case you lose power and water for several days and you're not able to leave due to flooding and blocked roads or waterways. 0:05:43 You can register for emergency alerts and notifications by simply going to Vitima's website, www.vitima.vi.gov. You can get alerts by text message, fax, or email. You can get alerts by email. May 15th to the 21st is Emergency Medical Service Professionals Week. This is the 47th annual celebration of EMS Week where we honor our frontline heroes dedicated to providing emergency medicine that save so many lives every day. The theme of rising to the challenge is particularly meaningful as it reminds our nation that EMS professionals are faced with so many challenges today and they still rise above them. Through it all, EMS continues to respond, support, and care for the needs of our communities. The extraordinary environment in which they have operated during the past two years showcases their resilience, dedication, and readiness. The EMTs are the guardian angels who work with what is known as the golden hour to ensure that lives are saved. As once a person who is facing trauma is able to be stabilized and transported to the hospital, their chance of surviving greatly increases. First responders, thank you all for all that you do. 0:06:45 We're also heading into National Nurses Week. National Nurses Week begins each year on May 6th and ends on May 12th, Florence Nightingale's birthday. These permanent days enhance planning and position National Nurses Week as an established recognition event. As of 1998, May 8th was designated as National Student Nurses Day to be celebrated annually and as of 2003, National School Nurse Day is celebrated on the Wednesday within National Nurses Week each year. If you know a nurse or if you see a nurse, feel free to say thank you for all that you do for our community. As tough as I may think I am, I couldn't be a nurse, an EMT, or someone who works in the medical field, and I have the utmost respect for all of the individuals who choose to serve in that respectable field. Again, thank you from the bottom of my heart for all that you do. My grandmother, Fidele Francis, was a nurse, and my sister, Lauren Payne Harris, is also a nurse. 0:08:01 My little sis walked in the footsteps of our loving grandmother, affectionately known as Mother. Teacher Appreciation Week is May 2nd to the 6th. We are saying thank you this week and throughout the year to the extraordinary educators who have worked tirelessly with students and families to keep things moving forward despite such unpredictable past years. Through it all, you stuck with our children while maintaining your own households. This you did without specialized training or special acknowledgements or even accolades. It is your love of teaching that has brought our children to the point where they are present yet. After all, who doesn't have a fond memory of a teacher who inspired you in some way? 0:08:57 I'd like to also say congratulations to all of the 2022 graduates. Each of you have some excellent historical stories to share with your future grandchildren about the world, what the world was like during your secondary educational journey. You persevered and you made it because of caring teachers. Special congratulations goes out to my Chief of Staff on the graduation of her son, Rashawn Davis, from the St. Croix Educational Complex on May 18, 2022. A special notice, thanks for the chocolate cake, Chief. Good luck in our good luck in our good luck in our. National Police Week. National Police Week. National Police Week. 0:09:43 National Police Week offers honor, remembrance, and peer support. While allowing law enforcement, survivors, and citizens to gather and pay homage to those who gave their lives in the line of duty. In 1962, President Kennedy proclaimed May 15 as National Peace Officers Memorial Day, and the calendar week in which May 15 falls as National Police Week, established by a joint resolution of Congress in 1962. National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. God bless you all, 87s, 88s, and 42s, may the grace and protection of our Heavenly Father continue to guide and protect each one of you. 0:10:20 87s for life. I also had the honor and privilege to not only attend, but to offer a rendition of Wind Beneath My Wings for my personal friend and fellow musician, Sinclair De Silvia, better known as Wadabli, at his Going Home Celebration at the Seventh-day Adventist Church. We met when I was 15 years of age, and we maintained our friendship over the years. Even though we played in rival bands and competed for road march and brass drummer titles, we never let that competitive arena come between our friendship. Wadabli, your musical contributions will live on for many future 0:11:08 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 2 of 9 Legislature USVI · | Committee on Economic Development and Agriculture generations to come. You truly were a musical genius. And last, but definitely not least, Sunday, May 8th, is Mother's Day. I know in my family circle, we celebrate Mother's Day every day. Right, Mamseli? I actually know she's watching right now. For children, mothers are considered their most precious gift. And for mothers, their children are considered their most precious gift. Whether you call her Mother, Mamseli, Mommy, or just plain Mom, these are just some names for the one in your life that raised you and loved you unconditionally, forever and always. A mother endures the good, the bad, and the ugly from their children and always hands out hugs and kisses. 0:11:53 They are the rock and support throughout the good and bad times in your life. A mommy will always hold you near and there while wiping away your tears. A mom will kiss you kiss your eyesies when you get a bruise on your finger or your forehead and make you smile. A mother will try and take all your pain and sorrow away and make them hers. But what is it really like to be a mother? I mean really, really, truly open your feelings and mind and state the truth. Is it all roses and sunshine? Is it okay to not be crafty or to lose your patience once in a while? Do you have to volunteer at the school every month? Or can you just lounge at your home and eat Oreos and drink milk on the couch during the school Halloween parties? 0:12:34 So I'm here to tell you the truth about being a mom and when I'm at it, what is a true mom? First, first off, a mom can come in all shapes and sizes. I say this because the list of mom is never ending. There is the biological mother, the foster mother, the stepmother, the single mother, the grandmother, and so much more. A mother is a caregiver, an unconditional love giver, the housekeeper, the cook, the baker, taxi driver, psychologist, doctor, and disciplinarian. They are the ones who bear the burden of everything good and bad as the days go on. They are the ones who might get left behind as they do so much, they don't get as much appreciation. 0:13:20 Mother is the most selfless person in this world who starts loving her children even before they come into this world. Nothing, and I mean nothing, could be compared to a mother's love in this world as it is the purest form of love. Mother is like an angel for her child who always loves her child and supports him or her. Not only does God love like our mother, but we experience God's love in our mother's love. Mother is an image of God, an icon of God's presence, a window into God's mystery, and a tangible embrace of God's gentleness. And as such, we offer this presentation of a prayer for all mothers. 0:14:08 God bless all mothers. Media. [2 such phrases repeated 11 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:15:00 Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. Media. guitar solo guitar solo guitar solo members of the committee on human security, justice and public safety are 0:15:38 Sen. Stephen DePayne Sr., Sen. Duane M. DeGraff, Vice Chairman, Sen. Kenneth L. Giddens, Sen. Novel E. Francis Jr., Sen. Javon E. James Sr., Sen. Alma Francis Heiliger, Sen. Franklin D. Johnson. Madam Clerk, roll call, please. roll call, Sen. Duane M. DeGraff, Sen. Duane M. DeGraff, Sen. Duane M. DeGraff, Sen. Novel E. Francis Jr., Sen. Novel E. Francis present, Sen. Alma Francis Heiliger, Sen. Francis Heiliger absent. Senator Kenneth L. Giddens. Senator Kenneth L. Giddens absent. Senator Kenneth L. Giddens absent. Senator Javin E. James Sr. Javin E. James Sr. Present. Senator James Sr., present. Senator Franklin D. Johnson. Senator Johnson absent. Senator Steven D. Payne Sr. Present. Senator Payne present. Mr. Chair, four present, three absent. Could you change Senator Alma Francis to present, please? 0:19:17 And give me the count again, please? Yes, Mr. Chair. Mr. Chair, five present, two absent. Thank you very much. Madam Clerk, are there any correspondences to be read on the record? Yes, Mr. Chair. The Honorable Steven D. Payne Sr., Chairman, Committee on Homeland Security, Justice and Public Safety, 34th Legislature of the Virgin Islands. Dear Mr. Chair, I will be late in attending today, Friday, May 6th, 2022, Committee on Homeland Security, Justice and Public Safety meeting scheduled to begin at 9:00 a.m. in the Earl B. Artie Legislative Hall on the island of St. Thomas. My sincere apologies for any inconvenience my delayed arrival may cause as I attend Dr. Eugene Duck Peterson funeral on the island of St. Croix. Sincerely, Franklin D. Johnson, Senator. 0:20:47 The Honorable Steven Payne Sr., Chairman, Committee on Homeland Security, Justice and Public Safety, Legislature of the Virgin Islands. Dear Senator Payne, please excuse my tardiness for today's Committee on Homeland Security, Justice and Public Safety hearing. I will be attending the funeral service of my dear friend and beloved community activist and cultural bearer, Eugene Duck Peterson. I note the importance of the agenda items to be discussed in today's hearing and look forward to weighing in on the discussions upon my arrival. 0:21:55 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 3 of 9 Legislature USVI · | Committee on Economic Development and Agriculture I thank you in advance for your understanding. Sincerely, Kenneth L. Gittins, Senator. Thank you very much, Madam Clerk. Please read our time to an agenda for today. Block one. Block one. The Committee on Homeland Security, Justice and Public Safety will consider Bill number 34-0211. An act amending Title 19, Virgin Islands Code, Part 6, Chapter 62, relating to noise pollution to augment its enforcement. Sponsored by Senator Novell E. Sponsored by Senator Novell E. Francis Jr. Invited testifiers. The Honorable Ray Martinez, Commissioner, Virgin Islands Police Department. The Honorable Richard Evangelista, Commissioner, Department of Licensing and Consumer Affairs. The Honorable Denise George Esquire, Attorney General, Department of Justice. Alicia Oduwani, President, VI Bar Association. Addison P. Christian, President, Frederick Stead Economic Development Association. Austin Moorhead, Member, Christian Stead Community Alliance. Shane Gaspard, President, St. Thomas St. John Chamber of Commerce. 0:22:33 Akhil Seja, President, St. Croix Chamber of Commerce. Ronald Russell, President, Autong Frederick Stead. That concludes the reading of block one, Mr. Chair. Thank you very much, Madam Clerk. I can see in the Chamber of Commerce today we have in front of us the Commissioner, the Police Commissioner, Ray Martinez, and also Commissioner Evangelista from Licensing. I'm not sure who is here for St. Croix. Could you please put your names on the record, the individuals who are in St. Croix, starting from the left to the right. 0:23:57 This is Eric Chancellor, Deputy Attorney General. The Department of Justice. The Department of Justice. The Department of Justice. The Department of Justice. Could you repeat your first name again, please? Sorry? Please repeat your first name. Eric. Eric Chancellor. Eric Chancellor. Okay. Thank you very much. Good morning. Good morning. Good morning. Melody Rains, Executive Board Member, FEDA, Frederick Stead Economic Development. Good morning, Mr. Rains. 0:24:34 I didn't hear your name, sir. Good morning, Mr. Rains. [3 such phrases repeated 42 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:25:01 I didn't hear your name, sir. [1 such phrases repeated 18 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:25:40 I didn't hear your name, sir. [1 such phrases repeated 19 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:26:08 I didn't hear your name, sir. [1 such phrases repeated 21 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:26:37 I didn't hear your name, sir. [1 such phrases repeated 22 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:27:08 I didn't hear your name, sir. I didn't hear my name, sir. [2 such phrases repeated 25 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:27:40 I didn't hear my name, sir. [1 such phrases repeated 29 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:28:15 I didn't hear my name, sir. What I've heard from my fellow Virgin Islanders who make noise pollution complaint is that the police, they can't do anything. That they say that the police usually come and give a verbal warning, which has little lasting impact because as soon as they leave, there's a tendency for individuals to turn the music back up. Or in fact, sometimes in the situation where it allowed moving vehicles, that in fact the vehicle is long gone by the time the police officers respond to those situations. Enforcement is clearly missing, missing piece in this issue. And my objective is to, in offering bill number 34.022 is simply as simple. 0:28:54 To make noise pollution statute easier to enforce and provide fair and reasonable guidelines that allow everyone to enjoy their quality of life. And of course, this is a quality of life issue. What is noise? If you ask ten individuals what is noise, you get ten different answers. Bill 34.0211 offers a better definition of noise than what is existing in our statute. Noise is the sound that is created or controlled by human activity from one or more sources that is heard by an individual. 0:29:54 Ultimately, it is a sound that an individual does not wish to hear. I am sure that there are many people in our community who will say that noise is not an issue. However, for others, it is a daily tone in their sight. It affects their lives, their ability to enjoy their homes, and even to get a good night's sleep. I have worked along with our stakeholders and partners and previous provisions to ensure that bill 34.0211 does not negatively impact our economy or social activity because everyone should enjoy their quality of life. Bill 34.0211 updates the definition and adds a clearer language that supports better enforcement. It establishes realistic decibel levels. Right now, the noise enforcement is the sole responsibility of the Virgin Islands Police Department. 0:30:33 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 4 of 9 Legislature USVI · | Committee on Economic Development and Agriculture We have added the Department of Licensing and Consumer Affairs as well as the Department of Health to the agencies that could investigate violations and support social and economic activity. This bill reflects data collected through actual field testing. Various car clubs, which some of them are here with us today, joined us in October as we test the proposed standards. And we also visited a club in the Kristaset town in terms of our testing of the music and the decibel levels. What we have learned is that what looked good on paper was not always practical for real life. Bill 34.0211 is a community-centered initiative. 0:31:31 Reflects input from agencies and the community to actually address their concerns. We didn't just talk the talk. We went out and met with the car clubs. We met with the business owners. We've just been around since the 34th Legislature. But this time around, we went out, met with all of the stakeholders. We went out and met with the local Colas. We had the Virgin Islands Police Department there, licensing. We had the clubs, as I mentioned, and actually did real life testing, you know, and give the car clubs and association an opportunity to weigh in on this particular measure. What is clear also is that as we hosted a number of town halls that was done by the Department of Licensing and Consumer Affairs under the leadership of Commissioner Evangelista is that each of the islands had their own unique circumstances when it comes to noise. 0:32:18 We can't write legislation that speaks to every situation, but through rules and regulation, we can recognize and hopefully remedy the island's specific concerns. I want to thank the testifiers for their hard work and also for their commitment and getting this legislation right, and I look forward to my colleagues' support on this very, very important measure. I know that, like me, a lot of you have received calls from the citizens in regards to noise pollution and what is being done in terms of enforcement of this issue, and today we have an opportunity to certainly do that. Thank you very much, Mr. Chairman, thank you very much. Thank you. Thank you. 0:33:11 Thank you, Senator Francis, for your passionate introduction of Bill No. 34, that's S.O. 211. Right over there, I'm going to go to the testifiers. Commissioner Evangelista, you may proceed with your testimony, sir. Thank you. Good day, Honorable Senator Stephen D. Payne Sr., Committee Chair on Homeland Security, Justice and Public Safety, 34th Legislature of the Virgin Islands, Committee Senators Present, Non-Committee Senators Present, and the listening and viewing audience. My name is Richard Thomas Evangelista, Commissioner for the Department of Licensing and Consumer Affairs, here and after referred to as DLCA. Today, I am accompanied by Attorney Geraldine Vaval, DLCA's General Counsel, Director of Licensing Division, Horace Graham Jr., and Director of Enforcement, Wilbur Francis, who are appearing virtually, Senator Payne via Microsoft Teams. So if you can kindly ensure that they're actually logged in while I do my presentation. 0:34:22 Yes, the individuals from licensing, please put your name on the record so we can make sure that your mics are working, please. Good morning, Geraldine Vaval, General Counsel, DLCA. Yes, good morning, ma'am. How are you? Horace Graham, Director, Division of Licensing, Department of Licensing and Consumer Affairs. Good morning, sir. Hearing you all loud and clear. That's it, sir? Anyone else? Director of Enforcement. Director of Enforcement. 0:35:31 Director of Enforcement, you there? He may be having technical issues. I'll go ahead and proceed. Go ahead and proceed. And if you finish, we'll make sure that he's on. Once again, good morning. Thank you for providing DLCA with the opportunity to testify before the 34th legislature on Bill No. 34-0211, an act amended Title 19, Virgin Islands Code Chapter 26, relating to noise pollution to augment its enforcement. The bill seeks to provide more clarity with regards to noise control and soundproofing requirements in the regulating of taverns and bars. Additionally, it overhauls the current noise pollution statute by updating the definitions, prohibitions, and enforcement procedures, as well as addresses sound standards and operating times. 0:36:02 Noise pollution is generally defined as the regular exposure to elevated sound levels that may lead to adverse effect in humans. These adverse effects include stress-related illnesses, high blood pressure, hearing loss, sleep disruption, and lost productivity to name a few. When Congress enacted the Noise Pollution and Abatement Act in 1972, it initiated a federal program of regulated noise pollution with the intent of protecting human health and minimizing, and I underscore minimizing, the annoyance of noise to the general public. In 1982, Congress shifted the responsibility to state and local governments. As part of the regulation of businesses, the DLCA, through its Enforcement Division, is charged with ensuring the provisions and restrictions of the noise ordinance are met. Currently, this is achieved through inspection of the location of taverns, bars, nightclubs, and cabarets to determine whether they fall within 500 feet of a residence, church, or school. The inspections also seek to determine whether proper sound attenuation measures were implemented to mitigate potential noise disturbance. This process has been difficult and often seemed overly restrictive, especially in areas like Cruise Bay St. John and other business dense areas in the Virgin Islands. To draw a picture, taverns, bars, nightclubs, and cabarets within an area spanning 18 acres of a church, school, or residential area have been prohibited from operating in an open-air capacity. These restrictions have hampered the growth of businesses in the downtown areas 0:37:04 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 5 of 9 Legislature USVI · | Committee on Economic Development and Agriculture of the Virgin Islands. DLCA fully supports the reduction of the noise-restricted space from 500 feet to within 100 feet of any church, school, or residential district, and requiring the modification of the premises to reduce sound that constitutes a noise disturbance or exceeds the proposed sound standards. The amendments strike a keen balance between the need for peaceful enjoyment of property or space while simultaneously allowing economic activity to return to our towns and for entertainment and restaurant venues to thrive throughout the territory. The new measure also contemplates the implementation of current sound technology to aid in noise abatement by making the regulation of noise more practical. Reducing noise pollution is a concern for all of us. Noise abatement can reduce external costs like medical expenses for noise-related health issues and reduce the cost of lost productivity in the workplace due to absenteeism, resulting from the adverse effects that excessive noise can have on sleep. Senator Payne, thank you for providing the DLC the opportunity to comment on Bill No. 34-0211. 0:39:00 My team and I stand ready prepared to answer any question this body may have. And as a footnote, I'd like to say that I'd like to thank Senator Francis and Commissioner Martinez, who collaboratively, since I came into office, have been tirelessly working to ensure that our communities have a sound and safe quality of life. Thank you. Thank you very much for your testimony, Commissioner Evangelista. Before we proceed, Attorney Chancellor, did you submit testimony for Bill No. 34-0211? Sorry, would you repeat that? Did you submit testimony for Bill No. 34-0211? 0:40:10 I believe it was sent this morning. Um, could you, could you, no, could you double check us, we actually, we actually don't have it. I'm not sure, I'm not sure the legals are legal assistance. Okay, could you make a call in the interim? Not sure, but I do have it. Okay, um, could you please, um, try to resend it, so I can distribute it to all of my colleagues. Um, I'll call you up, um, as the last person on the next block. Um, Miss, Miss, Miss Melody Raines? You ready for your testimony? You may, you may proceed, Miss Melody Raines. 0:40:56 Good morning, Chairperson, Senator Stephen D. Payne, other honorable senators, staff, and those listening to various mediums. My name is Melody Raines, and I am a member of the Executive Board of the Frederick Stead Economic Development Association. I bring greetings from the Executive Board, as well as from Addison Christian, FEDA President, who is taking care of pressing issues and cannot attend today. I am here today to respond to the request by the Committee on Homeland Security, Justice and Public Safety, to give testimony on the Noise Ordinance Bill, also known as the Noise Pollution Bill. FEDA was formed in 1989 in the aftermath of Hurricane Hugo. Since then, the organization has strived to be the voice for the merchants and the residents of Frederick Stead. FEDA is best known for its production of Sunset Jazz, Harbor Nights, the Blue Bay Jazz Festival, and many other community productions, as well as being available to the administrations throughout the years as they sought to gather input on issues affecting Frederick Stead. So as we are here to give testimony on this bill, and as I was conducting some research, I found my testimony on this same bill that I delivered to this committee under a different chairperson, Senator Francis, I believe, while I was FEDA President in 2016. 0:41:46 At that time, I solicited input from Frederick Stead business owners and residents regarding their impressions of the Noise Bill and noise in their communities. Since then, it seems like nothing much has changed, and depending on who you talk to, things have gotten worse regarding the level of noise that is affecting our community today. The bill seeks to bring relief from a variety of noise sources that the community would be pleased to see abated, such as indoor or outdoor sound amplification devices, motor vehicles, including motorcycles with loud mufflers, bars and taverns that create a noise disturbance, water crafts and power driven machinery, to name a few. The bill outlines restrictions on the proximity of such noise to schools, churches and residential areas. Due to the COVID epidemic experienced worldwide, noise pollution producing parties and other gatherings have been largely curtailed. However, as we emerge and get back to a sense of normalcy, these events are poised to return full force. 0:43:24 Since the town of Frederick Stead is a mixed residential district that also houses restaurants, hotels, government offices and private offices, as well as churches and schools, the issue of noise is a complicated one for this area. Everyone who lives, works, plays and worships in Frederick Stead would like solutions that treat everyone with equal respect. We have been told of the hotels and restaurants bombarded with a level of amplified noise that has caused visitors to leave their hotel rooms and diners to leave their meals. Some give negative reports on tourism websites, which damages our appeal. 0:44:42 We've seen funerals being conducted and inappropriate music blasting from a car speaker, disturbing and disrespecting the mourners. We have seen the hopes of the Queen Street town home owners dashed as they eventually had to flee their homes because of the constant barrage of noise from the many bars and taverns on that street. It has been many years, in fact, more than a decade in which we have been waiting for the noise pollution bill to be enacted and to have the teeth that it needs to effectively reduce the level of noise in the community. Of course, the bill must, as it does, consider the few times out of the year where our cultural festivities take precedence. Enforcement of this bill is tasked to the Departments of Licensing and Consumer Affairs, the Department of Health and the Virgin Islands Police Department, 0:45:28 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 6 of 9 Legislature USVI · | Committee on Economic Development and Agriculture who will use a sound meter to determine whether the noise exceeds permitted level. However, the question remains, does the territory have an adequate amount of functioning sound meter? Have the necessary provisions been put in place in the justice system when and if a violator has their day in court? Based on the merits of the court case, will the court justices impose a fine on the offender, or will the court justices impose a fine on the offender? Or will the courts deem the law unenforceable? In conclusion, esteemed senators, quality of life is a precious commodity that must be protected. Entertainment and social gatherings are an important part of life. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. [1 such phrases repeated 30 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:48:08 The court is a very important part of the court. [1 such phrases repeated 51 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:48:38 The court is a very important part of the court. [1 such phrases repeated 43 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:49:32 The court is a very important part of the court. [1 such phrases repeated 35 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:50:18 The court is a very important part of the court. [1 such phrases repeated 31 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:50:53 The court is a very important part of the court. [1 such phrases repeated 31 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:51:24 The court is a very important part of the court. [1 such phrases repeated 54 times · standby audio before the proceeding, transcribed by the recogniser as speech] 0:51:55 The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. The court is a very important part of the court. Here in the territory, we have incessant revving of car and motorcycle engines that negatively impacts us all. Excessively raucous music emitted from vehicles or loud music emanating from business establishments. On a monthly basis, officers respond to dozens of noise-related nuisance calls for service. Most of these calls surround the downtown business districts where bars and taverns are near downtown residences. 0:52:49 VIPD responds to these calls and simply asks businesses to lower the music volume. The VIPD Training Academy has distributed roll call training regarding the statute and we are awaiting the passage of an amendment to develop and implement a policy. Enforcement of the statute, however, has been nonexistent as the handful of noise-metering devices on hand are outdated. Recognizing the gravity of the situation, several months ago, DLCA Commissioner Richard Evangelista and I began talks regarding joint initiatives to abate this issue. 0:53:57 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 7 of 9 Legislature USVI · | Committee on Economic Development and Agriculture We recognize the need for an anti-noise patrol as a stopgap until policies, equipment initiatives can be put in place, we have utilized our COVID-19 task force to respond to and conduct inspections of businesses. These inspections have led to the issuance of recommendations as well as citations. Additionally, Commissioner Evangelista and I started researching updated noise sensor devices and related technologies. While the acquisition of handheld and vehicle-mounted sensor devices are our priority, with closed-circuit television CCTV and license plate reader LPR cameras we are installing along with plans for red light and speed light cameras, we are also looking into the use of noise monitoring cameras. Noise monitoring cameras are like red light cameras but triggered by sound by using a filter designed to notice noisy vehicles and exhausts. The technology remains in a standby phase until it detects a noisy vehicle louder than the preset decibel limit. When it detects one, it captures video, audio, noise levels and uploads everything to a web server where someone can review it to make a judgment as to whether a citation should be issued or not. 0:54:36 It is important to note that technology does not notice voices or conversations regardless of how loud they are as voices cannot deliver the decibel range necessary to trigger detection. It is important to note that there is no connection as to whether a person is in a filter or not. It is important to note that there is no connection as to whether a person is in a filter or not. We ask, however, that the following be considered. Subsection 2041G read "Enforcement Officer" means a police officer, law enforcement officer or an employee or agent of any department authorized to enforce this statute. Subsection 2041I read "Motorcycle means any unenclosed motor vehicle having two, three or four wheels in contact with the ground, including but not limited to motor scooters and minibikes." 0:56:01 And as Subsection 2046A10 changed the Commissioner to Police Commissioner. Mr. Chairman, thank you for the opportunity for us to offer testimony on Bill 34-0211. Special thanks to Senator Novelli Francis Jr., who championed discussions that brought us here today. The amendments associated with this measure will lend tremendously to supporting our law enforcement efforts regarding this vexing community issue. I stand ready to answer your questions. 0:56:54 Mr. Chairman, thank you very much for your testimony, Commissioner Martinez. At this time, we're going back to St. Khoi, Mr. Malik Shtarayan. You may proceed with your testimony. Mr. Malik Shtarayan, you may proceed with your testimony. Mr. Malik Shtarayan, you may proceed with your testimony. Mr. Malik Shtarayan, you may proceed with your testimony. Mr. Malik Shtarayan, you may proceed with your testimony. Mr. Malik Shtarayan, you may proceed with your testimony. Mr. Malik Shtarayan, you may proceed with your testimony. Mr. Malik Shtarayan, you may proceed with your testimony. Mr. Malik Shtarayan, you may proceed with your testimony. Mr. Malik Shtarayan, you may proceed with your testimony. Mr. Malik Shtarayan, can you hear me in St. Khoi? Mr. Malik Shtarayan, can you hear me in St. Khoi? Mr. Malik Shtarayan, can you hear me in St. Khoi? Mr. Malik Shtarayan, can you hear me in St. Khoi? 0:57:26 Mr. Malik Shtarayan, can you hear me in St. Khoi? Mr. Malik Shtarayan, can you hear me in St. Khoi? Mr. Malik Shtarayan, can you hear me in St. Khoi? Mr. Malik Shtarayan, can you hear me in St. Khoi? Mr. Malik Shtarayan, can you hear me in St. Khoi? Mr. Malik Shtarayan, can you hear me in St. Khoi? Okay, Ms. Burke you're recognized to read Malik's testimony into the record. She's also a car sound enthusiast from the Sintama Sinyande district. She's won many competitions with her vehicle. Go ahead Ms. Burke, you are recognized. Good morning, my name is Christina Burke. I'm representing, well I'm reading Mr. Stradiron's testimony and I'm also representing the Loud and Proud crew. That's my personal audio club here in Sintama S. 0:58:07 Good day. Sintra can't hear. Teams. You can hear me now. There's no sounds on the Sintra. Teams. Okay, the committee will take a recess for two minutes to correct the audio on situations. You can hear me now. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. 0:58:55 Thank you. Thank you. Thank you. 1:03:07 Thank you. Thank you. Thank you. 1:04:37 Thank you. Thank you. 1:06:07 Thank you. Thank you. 1:07:07 Thank you. Thank you. 1:08:07 Thank you. Thank you. 1:09:07 Thank you. Thank you. Thank you. 1:10:07 Thank you. [1 such phrases repeated 11 times · standby audio before the proceeding, transcribed by the recogniser as speech] 1:11:37 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 8 of 9 Legislature USVI · | Committee on Economic Development and Agriculture People named in this transcript SUSPECTED, and a finding aid only. Names were matched by machine against the spellings used across all 426 of our transcripts, and the title is the one used in the room. Being named here is NOT evidence that a person attended or spoke · only that the name was said. Speech recognition mishears names, so a spelling may be wrong even where no alternative is offered. 8x Senator Steven D. Payne Sr. heard in this transcript as: Payne, Stephen D. Payne, Stephen D. Payne Sr, Steven D. Payne Sr 7x Senator Novelle Francis heard in this transcript as: Alma Francis, Francis, Novell E. Francis Jr, Novelli Francis Jr 4x Senator Kenneth L. Gittens heard in this transcript as: Kenneth L. Giddens 3x Senator Franklin D. Johnson heard in this transcript as: Johnson 3x Commissioner Ray Martinez heard in this transcript as: Martinez 2x Senator Javan James heard in this transcript as: Javin E. James Sr 2x Senator Marise C. James the surname alone also matches: Javan James; Giovanni James Sr heard in this transcript as: James Sr Bills and acts referred to Matched by number against our own acts corpus. The number is what the recognition heard, so it may be wrong; where it resolved, the title is the one the Legislature gave the act. Bill 34-0211 Act 8682 · December 29, 2022 · An Act amending title 19 Virgin Islands Code, part VI, chapter 62, relating to noise pollution to augment its enforcement ---0 Act 8682 Act 8682 · December 29, 2022 · An Act amending title 19 Virgin Islands Code, part VI, chapter 62, relating to noise pollution to augment its enforcement ---0 Machine transcript · UNVERIFIED. Verify every quotation against the recording. Speakers are not identified. VI Update · usvipublicrecords.com · public record, no rights asserted (CC0 1.0) 9 of 9