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#41
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lighting requirements around the world
On 9/6/2020 6:54 PM, John B. wrote:
On Sun, 6 Sep 2020 11:43:38 -0400, Frank Krygowski wrote: On 9/5/2020 5:04 PM, jbeattie wrote: On Saturday, September 5, 2020 at 9:43:03 AM UTC-7, AMuzi wrote: On 9/5/2020 11:19 AM, jbeattie wrote: On Saturday, September 5, 2020 at 8:23:23 AM UTC-7, Frank Krygowski wrote: On 9/5/2020 1:34 AM, sms wrote: On 9/4/2020 6:26 PM, jbeattie wrote: snip And if the ordinance was unclear, why did the City Council pass it? It had been on the books for decades, but not enforced. Just like the ordinance requiring bicycle licenses. We should probably go through all the ordinances and get rid of the ones that no longer make sense, but that would be a huge expensive effort. ... Having to deal with this kind of petty stuff is maddening but I think that in most cities there are a just a few people that cause the most work for City Staff, and cost the most money, with their antics. Just looking into the sign ordinance probably cost us $3000 of attorney time since we contract out those services. I don't see how rescinding bad or outmoded ordinances has to involve thousands of dollars of attorney time. I read our village ordinances and found that there were around a dozen terrible bicycle ordinances, such as requiring cyclists to ride on sidewalks, forcing cyclists to walk across certain intersections, prohibitions against children cycling, etc. I wrote a white paper briefly explaining how these were detrimental and how they violated state law. (Ohio law prohibits ordinances that fundamentally disagree with Ohio traffic laws.) After meeting with the president of Council I mailed that paper to the mayor, the council members and the village solicitor, who was a genuine lawyer. The solicitor reacted most strongly, saying "We need to repeal these as an emergency measure!" The ordinances were repealed immediately. Cost to the village was zero. Solicitor? I have a sign on my door saying no solicitors. As you know, an emergency measure is just out of cycle legislation or legislation with an earlier effective date. Emergencies get declared all the time to move up the effective date of legislation. You're lucky when you can just clear out the junk -- like a whole chapter on placement and operation of telegraph offices. Most of the time, you have to replace the chapter with something new. Coming up with something new means: (1) stealing from another state/jurisdiction/model act, etc., or (2) drafting something new. New stuff is a lot of work and has unintended consequences 50% of the time. It can be time consuming. I'm sure the City of Cupertino would want only the finest, custom built ordinances. -- Jay Beattie. Municipalities employ (or retain) Solicitors or Corporation Counsel (or what have you, depending on local parlance). Heck the US of A has a Solicitor General. It's not an unusual term. -- Andrew Muzi www.yellowjersey.org/ Open every day since 1 April, 1971 I know -- in the US, "solicitor" is one of the many dopey equity/law hang-over terms. I'm a proctor in Admiralty, not to be confused with a proctologist. Around here, some lawyers write "Esq." after their names. Its comes across as a pompous affectation. Sort of like "PE"? Nope. As previously explained, PE is a specially earned qualification far beyond what's required to complete an engineering degree. Many degreed engineers can't attain it even if they try. An engineer falsely claiming to be a licensed PE is in line for some fairly serious legal problems. -- - Frank Krygowski |
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#42
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lighting requirements around the world
On Sun, 6 Sep 2020 20:34:21 -0400, Frank Krygowski
wrote: On 9/6/2020 7:05 PM, John B. wrote: On Sun, 6 Sep 2020 12:08:57 -0400, Frank Krygowski wrote: On 9/6/2020 11:58 AM, AMuzi wrote: On 9/6/2020 10:43 AM, Frank Krygowski wrote: On 9/5/2020 5:04 PM, jbeattie wrote: On Saturday, September 5, 2020 at 9:43:03 AM UTC-7, AMuzi wrote: On 9/5/2020 11:19 AM, jbeattie wrote: On Saturday, September 5, 2020 at 8:23:23 AM UTC-7, Frank Krygowski wrote: On 9/5/2020 1:34 AM, sms wrote: On 9/4/2020 6:26 PM, jbeattie wrote: snip And if the ordinance was unclear, why did the City Council pass it? It had been on the books for decades, but not enforced. Just like the ordinance requiring bicycle licenses. We should probably go through all the ordinances and get rid of the ones that no longer make sense, but that would be a huge expensive effort. ... Having to deal with this kind of petty stuff is maddening but I think that in most cities there are a just a few people that cause the most work for City Staff, and cost the most money, with their antics. Just looking into the sign ordinance probably cost us $3000 of attorney time since we contract out those services. I don't see how rescinding bad or outmoded ordinances has to involve thousands of dollars of attorney time. I read our village ordinances and found that there were around a dozen terrible bicycle ordinances, such as requiring cyclists to ride on sidewalks, forcing cyclists to walk across certain intersections, prohibitions against children cycling, etc. I wrote a white paper briefly explaining how these were detrimental and how they violated state law. (Ohio law prohibits ordinances that fundamentally disagree with Ohio traffic laws.) After meeting with the president of Council I mailed that paper to the mayor, the council members and the village solicitor, who was a genuine lawyer. The solicitor reacted most strongly, saying "We need to repeal these as an emergency measure!" The ordinances were repealed immediately. Cost to the village was zero. Solicitor? I have a sign on my door saying no solicitors. As you know, an emergency measure is just out of cycle legislation or legislation with an earlier effective date. Emergencies get declared all the time to move up the effective date of legislation. You're lucky when you can just clear out the junk -- like a whole chapter on placement and operation of telegraph offices.* Most of the time, you have to replace the chapter with something new. Coming up with something new means: (1) stealing from another state/jurisdiction/model act, etc., or (2) drafting something new. New stuff is a lot of work and has unintended consequences 50% of the time. It can be time consuming. I'm sure the City of Cupertino would want only the finest, custom built ordinances. -- Jay Beattie. Municipalities employ (or retain) Solicitors or Corporation Counsel (or what have you, depending on local parlance). Heck the US of A has a Solicitor General. It's not an unusual term. -- Andrew Muzi ** www.yellowjersey.org/ ** Open every day since 1 April, 1971 I know -- in the US, "solicitor" is one of the many dopey equity/law hang-over terms. I'm a proctor in Admiralty, not to be confused with a proctologist. Around here, some lawyers write "Esq." after their names. Its comes across as a pompous affectation. Some engineers have cards with "PE" prominently following their name. Some don't. meh. PE = (licensed) Professional Engineer. It's not a self-granted designation. Most engineers don't bother attaining the PE license, and most could not qualify. The requirements are pretty strict, the candidate has to pass two day-long qualifying exams which are notoriously tough. And most engineers' work is done only for their employing company, so the PE license isn't required. The PE is needed for projects involving public safety (which mostly involve Civil Engineers) and for credential-happy academia. When I took the final day-long exam, there were gainfully employed engineers saying this would be their fifth time attempting it. AFAIK, a lawyer's "Esq." title means exactly the same thing as "Attorney." It confers no proof of competence. Well, except that to practice as an Attorney one needs to have a law degree and have passed the state "bar examination" and be licensed to practice in the state you are practicing in. OK, I should have said "no _extra_ proof of competence. How much more do you want? A lawyer has to have a Bachelor's Degree, then he has to graduated from Law School, roughly speaking equal to a Master's Degree. Then he has to pass the State Bar Examination, usually a 2 day affair, then he has to qualify for his state license which may encompass consideration of more then his legal studies. California licensing requirements, for example, include "All applicants must go through a background check and receive a positive moral character determination. " and other states have similar requirements. -- Cheers, John B. |
#43
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lighting requirements around the world
On Sun, 06 Sep 2020 11:50:01 -0400, Frank Krygowski wrote:
On 9/5/2020 6:30 PM, sms wrote: On 9/5/2020 9:19 AM, jbeattie wrote: snip You're lucky when you can just clear out the junk -- like a whole chapter on placement and operation of telegraph offices.Â* Most of the time, you have to replace the chapter with something new. Coming up with something new means: (1) stealing from another state/jurisdiction/model act, etc., or (2) drafting something new. New stuff is a lot of work and has unintended consequences 50% of the time. It can be time consuming. I'm sure the City of Cupertino would want only the finest, custom built ordinances. Most of the time it's a lot more complicated than Frank makes it out to be. You have to think of every possible unintended consequence, every source of potential liability, etc.. Oh, please! You were talking about removing the unenforced ordinance requiring bicycle licenses, and some unspecified sign ordinance. Exactly how are those complicated? Spending $3000 to research such a thing is a waste of public money. Frank, as you should appreciate, 'the law', especial council ordinances can be full of "sump pumps*", which when they stop operating/no longer exist, can lead to unforseen (aka no one remembers why it is there) consequences. SMS's real problem is just another demonstration why people dispise and loath "politcal actors". I've been at least somewhat involved in the writing or revising of probably 20 laws and ordinances. Yes, vocabulary and phrasing is important. Yes, you have to be careful. But the language is English. It can generally be understood by people who don't charge thousands of dollars. Aahh, the old "simple and Wrong" result as demonstrated by many 'conspiracy" nutters these days. * The 747 aircraft maintenance facility at Mascot Airport in Sydney, Australia, is built on reclaimed marsh land that requires 24x7 pumps to keep some very expensive machinery safe from seepage. |
#44
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lighting requirements around the world
On 05/09/2020 18:43, AMuzi wrote:
On 9/5/2020 11:19 AM, jbeattie wrote: On Saturday, September 5, 2020 at 8:23:23 AM UTC-7, Frank Krygowski wrote: On 9/5/2020 1:34 AM, sms wrote: On 9/4/2020 6:26 PM, jbeattie wrote: snip And if the ordinance was unclear, why did the City Council pass it? It had been on the books for decades, but not enforced. Just like the ordinance requiring bicycle licenses. We should probably go through all the ordinances and get rid of the ones that no longer make sense, but that would be a huge expensive effort. ... Having to deal with this kind of petty stuff is maddening but I think that in most cities there are a just a few people that cause the most work for City Staff, and cost the most money, with their antics. Just looking into the sign ordinance probably cost us $3000 of attorney time since we contract out those services. I don't see how rescinding bad or outmoded ordinances has to involve thousands of dollars of attorney time. I read our village ordinances and found that there were around a dozen terrible bicycle ordinances, such as requiring cyclists to ride on sidewalks, forcing cyclists to walk across certain intersections, prohibitions against children cycling, etc. I wrote a white paper briefly explaining how these were detrimental and how they violated state law. (Ohio law prohibits ordinances that fundamentally disagree with Ohio traffic laws.) After meeting with the president of Council I mailed that paper to the mayor, the council members and the village solicitor, who was a genuine lawyer. The solicitor reacted most strongly, saying "We need to repeal these as an emergency measure!" The ordinances were repealed immediately. Cost to the village was zero. Solicitor? I have a sign on my door saying no solicitors. As you know, an emergency measure is just out of cycle legislation or legislation with an earlier effective date. Emergencies get declared all the time to move up the effective date of legislation. You're lucky when you can just clear out the junk -- like a whole chapter on placement and operation of telegraph offices.Â* Most of the time, you have to replace the chapter with something new. Coming up with something new means: (1) stealing from another state/jurisdiction/model act, etc., or (2) drafting something new. New stuff is a lot of work and has unintended consequences 50% of the time. It can be time consuming. I'm sure the City of Cupertino would want only the finest, custom built ordinances. -- Jay Beattie. Municipalities employ (or retain) Solicitors or Corporation Counsel (or what have you, depending on local parlance). Heck the US of A has a Solicitor General. It's not an unusual term. Is that better than a Major Solicitor? |
#45
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lighting requirements around the world
On 9/6/2020 6:47 PM, news18 wrote:
snip Aahh, the old "simple and Wrong" result as demonstrated by many 'conspiracy" nutters these days. Exactly. And on local City Councils, which are largely volunteer positions, you don't generally have a bunch of lawyers like you do in state legislatures, the council members are more representative of the local population. We have one very good lawyer and four engineers on our City Council. There's definitely a learning curve for the engineers in terms of the law. But engineers have long understood the "simple and wrong" narrative that is promoted by people like Frank and Tom that lack the understanding of how government actually works. There's a learning curve for the lawyer as well, who doesn't have the background in many of the more technical issues that we have to deal with, but despite all the lawyer jokes, lawyers from good law schools like Harvard (or Northwestern!) are quick studies. We're pretty fortunate in my City that we have a very educated population and most of the residents are willing to understand that things are not as simple as we all wish they were. But we still have people that insist "it's a simple problem to solve" when it's anything but simple. If I get re-elected, I'll have the lawyer on Council for two more years and then we are on our own unless another experienced lawyer decides to run. Most residents don’t want to have to become experts in state legislative policy, real estate speculation, affordable housing, tax policy, or transportation systems, that’s the job of their elected leaders. That’s why it’s so important to elect Council members that are policy wonks, that understand these complex issues, and that advocate for the best interests of residents. * The 747 aircraft maintenance facility at Mascot Airport in Sydney, Australia, is built on reclaimed marsh land that requires 24x7 pumps to keep some very expensive machinery safe from seepage. I guess it can go back to marshland soon now that 747s are being retired. It was a great airplane but four engine planes are too expensive to operate. Airbus has cancelled the A380 as well. |
#46
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lighting requirements around the world
On 9/6/2020 9:17 PM, John B. wrote:
On Sun, 6 Sep 2020 20:34:21 -0400, Frank Krygowski wrote: On 9/6/2020 7:05 PM, John B. wrote: On Sun, 6 Sep 2020 12:08:57 -0400, Frank Krygowski wrote: On 9/6/2020 11:58 AM, AMuzi wrote: On 9/6/2020 10:43 AM, Frank Krygowski wrote: On 9/5/2020 5:04 PM, jbeattie wrote: On Saturday, September 5, 2020 at 9:43:03 AM UTC-7, AMuzi wrote: On 9/5/2020 11:19 AM, jbeattie wrote: On Saturday, September 5, 2020 at 8:23:23 AM UTC-7, Frank Krygowski wrote: On 9/5/2020 1:34 AM, sms wrote: On 9/4/2020 6:26 PM, jbeattie wrote: snip And if the ordinance was unclear, why did the City Council pass it? It had been on the books for decades, but not enforced. Just like the ordinance requiring bicycle licenses. We should probably go through all the ordinances and get rid of the ones that no longer make sense, but that would be a huge expensive effort. ... Having to deal with this kind of petty stuff is maddening but I think that in most cities there are a just a few people that cause the most work for City Staff, and cost the most money, with their antics. Just looking into the sign ordinance probably cost us $3000 of attorney time since we contract out those services. I don't see how rescinding bad or outmoded ordinances has to involve thousands of dollars of attorney time. I read our village ordinances and found that there were around a dozen terrible bicycle ordinances, such as requiring cyclists to ride on sidewalks, forcing cyclists to walk across certain intersections, prohibitions against children cycling, etc. I wrote a white paper briefly explaining how these were detrimental and how they violated state law. (Ohio law prohibits ordinances that fundamentally disagree with Ohio traffic laws.) After meeting with the president of Council I mailed that paper to the mayor, the council members and the village solicitor, who was a genuine lawyer. The solicitor reacted most strongly, saying "We need to repeal these as an emergency measure!" The ordinances were repealed immediately. Cost to the village was zero. Solicitor? I have a sign on my door saying no solicitors. As you know, an emergency measure is just out of cycle legislation or legislation with an earlier effective date. Emergencies get declared all the time to move up the effective date of legislation. You're lucky when you can just clear out the junk -- like a whole chapter on placement and operation of telegraph offices.Â* Most of the time, you have to replace the chapter with something new. Coming up with something new means: (1) stealing from another state/jurisdiction/model act, etc., or (2) drafting something new. New stuff is a lot of work and has unintended consequences 50% of the time. It can be time consuming. I'm sure the City of Cupertino would want only the finest, custom built ordinances. -- Jay Beattie. Municipalities employ (or retain) Solicitors or Corporation Counsel (or what have you, depending on local parlance). Heck the US of A has a Solicitor General. It's not an unusual term. -- Andrew Muzi Â*Â* www.yellowjersey.org/ Â*Â* Open every day since 1 April, 1971 I know -- in the US, "solicitor" is one of the many dopey equity/law hang-over terms. I'm a proctor in Admiralty, not to be confused with a proctologist. Around here, some lawyers write "Esq." after their names. Its comes across as a pompous affectation. Some engineers have cards with "PE" prominently following their name. Some don't. meh. PE = (licensed) Professional Engineer. It's not a self-granted designation. Most engineers don't bother attaining the PE license, and most could not qualify. The requirements are pretty strict, the candidate has to pass two day-long qualifying exams which are notoriously tough. And most engineers' work is done only for their employing company, so the PE license isn't required. The PE is needed for projects involving public safety (which mostly involve Civil Engineers) and for credential-happy academia. When I took the final day-long exam, there were gainfully employed engineers saying this would be their fifth time attempting it. AFAIK, a lawyer's "Esq." title means exactly the same thing as "Attorney." It confers no proof of competence. Well, except that to practice as an Attorney one needs to have a law degree and have passed the state "bar examination" and be licensed to practice in the state you are practicing in. OK, I should have said "no _extra_ proof of competence. How much more do you want? A lawyer has to have a Bachelor's Degree, then he has to graduated from Law School, roughly speaking equal to a Master's Degree. Then he has to pass the State Bar Examination, usually a 2 day affair, then he has to qualify for his state license which may encompass consideration of more then his legal studies. California licensing requirements, for example, include "All applicants must go through a background check and receive a positive moral character determination. " and other states have similar requirements. You're confused. What you wrote above applies to all lawyers in a state. If one of those lawyers appends "Esq." to his name, it does not indicate that he has any training, experience, skill or certification beyond that of a lawyer who appends "Atty." or something similar. If an engineer can legally append "PE" to his name, it means he has not only earned the requisite degree, but he has met certain extra requirements for work experience, has submitted appropriate references attesting to his character and competence, and has passed two different 8 hour tests that most engineers cannot pass. The PE license is evidence that an engineer is likely to have knowledge and skills greater than an engineer without the PE license. And indeed, there are engineering positions and projects that are forbidden to non-PE engineers. Most engineers do not attempt to qualify for the PE. I know there are excellent engineers who don't carry that license. But personally, almost all the most brilliant engineers I knew had earned their PE licenses. -- - Frank Krygowski |
#47
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lighting requirements around the world
On 9/7/2020 11:45 AM, sms wrote:
On 9/6/2020 6:47 PM, news18 wrote: snip Aahh, the old "simple and Wrong" result as demonstrated by many 'conspiracy" nutters these days. Exactly. And on local City Councils, which are largely volunteer positions, you don't generally have a bunch of lawyers like you do in state legislatures, the council members are more representative of the local population. We have one very good lawyer and four engineers on our City Council. There's definitely a learning curve for the engineers in terms of the law. But engineers have long understood the "simple and wrong" narrative that is promoted by people like Frank and Tom that lack the understanding of how government actually works. There's a learning curve for the lawyer as well, who doesn't have the background in many of the more technical issues that we have to deal with, but despite all the lawyer jokes, lawyers from good law schools like Harvard (or Northwestern!) are quick studies. We're pretty fortunate in my City that we have a very educated population and most of the residents are willing to understand that things are not as simple as we all wish they were. But we still have people that insist "it's a simple problem to solve" when it's anything but simple. If I get re-elected, I'll have the lawyer on Council for two more years and then we are on our own unless another experienced lawyer decides to run. Most residents don’t want to have to become experts in state legislative policy, real estate speculation, affordable housing, tax policy, or transportation systems, that’s the job of their elected leaders. That’s why it’s so important to elect Council members that are policy wonks, that understand these complex issues, and that advocate for the best interests of residents. * The 747 aircraft maintenance facility at Mascot Airport in Sydney, Australia, is built on reclaimed marsh land that requires 24x7 pumps to keep some very expensive machinery safe from seepage. I guess it can go back to marshland soon now that 747s are being retired. It was a great airplane but four engine planes are too expensive to operate. Airbus has cancelled the A380 as well. That was a lot of politician verbiage. Why not get specific? You, Mayor Scharf, mentioned that your city still has an ordinance requiring bicycle licenses. And you say that ordinance is not enforced. I think we agree enforcing it would be silly. So why is that ordinance not yet repealed? What terrible complications do you fear from a potential repeal? Why would you need to pay an attorney to examine the consequences of its repeal? -- - Frank Krygowski |
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