Planning Committee Members Present: Dooley Kiefer, Peter Penniman, Martha Robertson

Member Excused (serve on both committees): Frank Proto, Nancy Schuler

Staff Present:  Ed Marx, Commissioner, TCPD, Kathy Wilsea, Secretary, TCPD

Guests:  John Andersson, T C Environmental Health, Ana Barros, Cornell Univ. Center for the Environment, Don Burton, NYS Lawn Care Association, Alice Cole, Commissioner, T C Health Department, Jeff Cox, EMC Pesticides Committee, Mike Foote, Jr., Acme Lawn Care, Michael C. Foote, Acme Lawn Care, Skip Jensen, NY Farm Bureau
Lois Levitan, Cornell Univ. Center for the Environment, Eric Mannington, Cornell Univ. Pesticide Coordinator
Ken Miller, T C Farm Bureau, Stephen Nicholson, EMC Pesticides & Education committees, Bob Riter, Ithaca Breast Cancer Alliance, Monika Roth, Cooperative Extension, Meagan Steele, Ithaca Breast Cancer Alliance, Bob Steinkamp, Eagle Broadcasting, Stefani Woodams, Longview

Call to Order

Dan Winch, Chair of the Health & Human Services Committee, called the meeting to order at 1:33 PM.  Dooley Kiefer was not yet present.  Mr. Winch explained the need to keep the meeting short and hoped special interest groups would appoint one spokesperson.  Those present introduced themselves.

Don Burton of the NYS Lawn Care Association provided literature and urged committee members to proceed with caution.  He noted that the Neighbor Notification Law is not mandatory, but was left up to counties.  He felt if state legislators considered pesticides to be a serious health problem, neighbor notification would be mandatory.  Mr. Burton urged representatives to take time for expert testimony, such as DEC, Cooperative Extension and Cornell University.  He also wanted them to consider a voluntary registry of people who want to be notified, as is used in Ulster County.  In reviewing the handouts, the yellow one is a series of questions that legislators should consider.  Two University of California specialists do not consider pesticides a health risk.  Also, the touted increased risk to children and animals is considered a bogus issue by the lawn care industry.  EPA has definitive reports on risk.

Skip Jensen spoke for the New York Farm Bureau.  He said the Farm Bureau is opposed to NNL and feels it needs further examination for many of the same reasons expressed by Mr. Burton.  The Environmental Protection Agency and NYS Department of Environmental Conservation already govern use of pesticides.  Professional applicators are cautious and have certified training.  NNL would have enforcement problems at the expense of the County, which is already strained financially.  NNL places the burden and expense of notification on applicators and would raise fees and drive some out of business.  He provided written comments.

Steve Nicholson spoke for the Environmental Management Council.  He is on the EMC Pesticides and Education committees.  As of July 2, 2002, the state’s highest court has refused to hear the appeal of the lawn care industry against NNL.  The way was paved for other counties to opt in without threat of lawsuits.  EMC is concerned because pesticides are used mainly for cosmetic purposes.  There is a human health hazard in the use of pesticides.  “Inert” ingredients are not benign.  The results of a lawsuit of the National Resources Defense Council against EPA mandates examination of risk to children and pets in addition to adults.  He noted that pesticide use does not reduce crop damage.  There are organic choices for lawn improvement.

Jeff Cox also spoke for EMC.  He feels the public has a right to know about exposure to toxic materials.  The law under consideration only governs liquid applications, as there is always some “drift” and evaporates.  Pesticides are known by EPA to cause damage to human liver, kidney, nervous systems, skin, and respiratory systems.  NNL does not stop use of liquid pesticides, but it does provide neighbors with information on chemical use in the area.

Bob Riter spoke for the Ithaca Breast Cancer Alliance.  He is a breast cancer patient who has had a mastectomy and chemotherapy.  He wants to know what is being used in his neighborhood so he can take steps to reduce exposure.

Peter Penniman asked Health Department staff to comment on benefits of the proposed law regarding human health.  Alice Cole said staff has not discussed this from a health standpoint.  Pesticides are regulated by state and federal agencies.  Locally, it is an enforcement issue.

Dan Winch said they discussed enforcement at a meeting of the Health & Human Services Committee.  They came to the conclusion that the Board of Representative would need to set some priorities for Health Department programs.  Ms. Cole concurred, saying the BOR would have to determine what else is of lesser importance in their work program.  John Andersson said NNL would need staff to do spot checks and respond to complaints.

[Dooley Kiefer arrived 1:50.]

Dan Winch noted he was an applicator for many years.  He does not expect committee members to vote on the issue today, but these are the committees that would forward a recommendation to the BOR.  He said that Frank Proto, who serves on both committees, has suggested that a night meeting be held on the issue.  Mr. Winch asked that draft resolutions be included in the minutes of this meeting.

Peter Penniman said he leans towards more cautious use of pesticides, but is not sure this is the best way to do it.  He is troubled by use of toxics, but feels this law is flawed.  However, he felt the educational benefits of the law may outweigh its flaws.  Mr. Penniman summarized some serious concerns he would like addressed before acting on this law.  NNL might lead to increased use of granular pesticides.  Albany County reports heavier use of granular products, and Mr. Penniman feels this negates the intent of the law.  He read from a statement which he distributed.  Mr. Marty Petrovic, a Trumansburg resident and Cornell University turf specialist, was quoted in Mr. Penniman’s material.  Mr. Petrovic states, “As a very important principle, integrated pest management (IPM) can not be followed if this law is passed.  IPM can help reduce the use of pesticides by only applying pesticides at the best time for optimum control, not some arbitrary 48-hour period dictated by law.  What will happen is more pesticides will be applied based on a calendar basis, not when it is needed.  Pest control is compromised and more treatment is likely, meaning even more pesticides will be used.”  Mr. Penniman has three questions:  (1) Would this law reduce human exposure to toxic chemicals? (2) How could we enhance public health and safety with this law?  Mr. Penniman would like to examine the possibilities of public education campaign and a voluntary registry.  (3) He also seeks more specifics from the lawn care industry regarding what they feel is NNL “burden”.  What are the specific impacts on commercial applicators for costs and liabilities?

Dan Winch apologized to guests for the lack of time for everyone to address the issue and mentioned the possibility of having a night meeting to discuss NNL.  He told visitors they are welcome to submit position statements to the Planning Department and they will be distributed to the BOR.

Mr. Winch adjourned the HHS meeting at 2:05 and many guests left when he did.  Dooley Kiefer called the Planning Committee to order.  She asked if other committee members had questions or comments.

Martha Robertson asked Don Burton why the farming community is opposed to NNL, as farms, golf courses and turf farms are exempt.  Mr. Burton said farmers are concerned this notification system will “spill over” and become necessary for them.  The farming community prefers a voluntary notification system, such as Ulster County implemented.  The Ulster County registry has been well publicized.

Ms. Robertson asked what is a neighbor’s recourse against farmers.  Mr. Burton said they can call DEC or EPA.  Laws do exist regarding “chemical trespass”.  Ms. Robertson said farmers would be unaffected by this NNL.  Mr. Burton said if they are misusing pesticides, farmers would be liable under other existing laws.  Ms. Robertson speculated NNL might heighten awareness and increase complaints.  Mr. Burton said farmers are very apprehensive and protective.  Monika Roth commented that farmers are wary that this would be first step, and the agriculture community would be next.

Dick Booth said this appears to be a long-term battle, the interests of farmers and the non-farming community differ.  He asked what penalties would be under NNL.  Mr. Burton said they range from warnings and fines of $100 to $500 for private property owners.  Penalties could range up to $25,000 and one year in prison for commercial applicators.  Most counties are unwilling to fine over $1,000.

Mr. Booth asked about current need for licensing for homeowners.  Monika Roth said private property owners currently do not need licenses to use sprays, but still need to post signs to notify that pesticides were used.

Mr. Booth asked how NNL is enforced.  Dooley Kiefer said usually it is by the Health Department in response to a citizen complaint.  Mr. Booth said he has written legislation for similar items and has no problem with the scope of this law.  However, he felt that budget-wise it would be unrealistic to enact this law.  Ms. Kiefer will try to get cost history from other counties that have opted in to the law.  Martha Robertson would also like to examine costs of a voluntary registry and public education program.  Ms. Kiefer said it is unfortunate that someone would need to be ill or injured to become aware of the option of using a voluntary registry.

Lois Levitan, of Cornell University Center for the Environment, stated that granular pesticides are a high risk to birds and children.  Granulars are considered a poor tradeoff for the “drift” of sprays.  Monika Roth noted that sprays are absorbed by foliage, and granulars go into the ground water.  Ms. Levitan said while there is a rapid drift from sprays, granulars are on the ground longer and are dissolved and dispersed by rainwater.  She opposes a voluntary registry, as it leaves out those who are unaware of the risk.  She also opposed the exemptions in the law for golf courses, farms and turf farms, as these are groups that use high amounts of pesticides, and golf courses have a high amount of foot traffic on areas that are sprayed.

Monika Roth said she gathered some economic information, but has nothing new since that was distributed at the November joint meeting of these committees.

Martha Robertson speculated that the Board of Health should be consulted during discussion of NNL, but Ms. Kiefer felt the Health & Human Services Committee is the appropriate group to review the law.  Peter Peniman would like to get the Health Department to examine impact of pesticides on human health.

Dooley Kiefer said one phone call she has received on the subject was from an applicator who said he would switch to granular pesticides to get around the notification law.  She expressed disappointment with that kind of attitude.

The pesticides discussion ended at 2:22 PM.  Planning Committee members remained for their monthly meeting.
 

Respectfully submitted:
  Kathy Wilsea, Secretary
 Tompkins County Planning Department