10/10/2000

The Chair called the meeting to order at 1:25 p.m.

Legislator Stewart-Cousins informed the committee that the joint

meeting with the Health Committee would begin at 2:30 p.m.

PESTICIDE NOTIFICATION LAW

Legislator Stewart-Cousins stated that the legislation at the Public

Hearing on the Pesticide Reduction Law was recommitted to the

Legislation & Environment Committees due to the concerns that

that Mrs. Wiernik, Chair of the Westchester County Pest Management Committee the Chairman raised on behalf of the committee. She also stated that the County Attorney had sent a memorandum addressing Mrs. Wiernik’s concerns. The Chair invited Mrs. Wiernik to address the committee.

Mrs. Wiernik stated that the Pest Management Committee would like

to have professional pest management services and be insured that departments include funding in their proposed budgets. She stated that the suggestions were not to mandate that the budget include funding for IPM.

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The Chair thanked Mrs. Wiernik for her presentation.

The Chair invited the County Attorney to respond. Mr. Scheinkman stated that whether an RFP is appropriate requires a case-by-case analysis. He stated that the committee’s concerns have not been ignored, but the County is only permitted to enact legislation in accordance with, and as provided by, law (Note: copy of memo,

dated October 10, 2000 from County Attorney Alan Scheinkman to

George Latimer, Chair BOL, subject Pesticide Reduction Law –

Public Comments, on file)

The Chair thanked Mr. Scheinkman for his comments/answers.

WEAPONS – FREE SCHOOL ZONE LAW

Mr. Scheinkman stated that his memorandum of October 6, 2000,

reflected changes in response to concerns raised by the BOL. He

also stated that a school zone is redefined in Section 532.01(2) as

being within three hundred feet of the real property boundary line of

any school, college, university, child day care facility or summer

camp as opposed to the original seven hundred and fifty feet; Section 532.61 was added to authorize any town, city or village to petition for the contraction of any or all school zones within their jurisdictions. The severability provision is renumbered – Section 532.71 as opposed to 532.61.

Mr. Scheinkman further explained that his memorandum of October 10, 2000 reflects a revision in Section 532.51.

The county of Westchester would undertake the posting

of the described signage only upon the request of an

affected city, town or village.

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After discussion of the changes, the Chair asked Mr. Steve Torborg, Vice President of the Westchester County Firearms Owners Association to address the committee.

Mr. Torborg stated that there are three areas in which the weapons-free school zone legislation is of concern to his Association. The areas are legal, application and area of effect and indicated that the concern of area has been dealt with in the latest changes, however he expressed concern about people traveling through the county without knowledge of the legislation. This sparked conversation regarding the previously passed safe storage legislation. In addition, Mr. Torborg stated that there is a legal concern as well as the language of the proposal. The penal code and the statues deal with the word “exemptions” and asked why the legislation uses the term “exception”.

The Chair thanked Mr. Torborg for his presentation.

The Chair recognized Mr. Scheinkman for comments.

Mr. Scheinkman stated that the Weapons-Free School Zone legislation is complimentary to the Drug-Free School Zone. He also stated that if there is a preference for “exemption” as oppose to “exception”, the change would be made.

After much discussion, Legislator Abinanti moved to report the legislation for all purposes with amendment;

… the word exemption or exempt be used instead of exception

or except, where applicable.

Legislator Ryan seconded. All in favor 4-0, 1 oppose (Legislator Oros)

Legislator Abinanti called the Health Committee to order at 2:40 p.m.

(Legislation and Health Committees in session at 2:40 p.m.)

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PESTICIDE NOTIFICATION LAW

Mr. Scheinkman stated that at the request of the County Executive and encouragement of several Legislators, legislation was drafted in which the County would opt into the Pesticide Notification Law. Under State law approved on August 21, 2000, the State adopted amendments to the Environment Conservation Law, which required notification of pesticide application in relation to schools, commercial and residential lawn applications of pesticides. He further stated that Counties have been given the option of adopting a local law requiring that at least two days notice be given to residents living within 150 feet of a pesticide application before the chemicals are applied. Homeowners may be required to post warning flags on their properties if they apply pesticides. Retailers may be required to post informational signs where pesticides are sold. Further questions were raised about the extent of notification required. Mr. Funicello advised he would seek clarification from state legislation. If the county opted in, the local law will take effect on March 1, 2001. (copy of report on file)

After much discussion, Legislator Stewart-Cousins (member Health Committee) moved the legislation for all purposes. Seconded by Legislator Abinanti. All in favor 2-0, 1 against. (Note: Legislator Carsky would have voted for a public hearing)

Legislation Committee: Legislator Abinanti moved, seconded by Legislator Bronz. All in favor 5-0.

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RATING OF FOOD SERVICE ESTABLISHMENTS

The Chair invited Legislators LaMotte and Wishnie to discuss their proposed legislation on the rating of food service establishments.

Legislator Wishnie stated that he and Legislator LaMotte had observed postings of a grade that would publicly notify residents of the sanitary conditions of the restaurants. It was noted that this proposed local law would be based upon a similar ordinance adopted by the Los Angeles Board of Supervisors. Legislators LaMotte and Wishnie stated that their intent is to provide a tool for safety and health of all residents in Westchester County.

The Chair requested Commissioner Lipsman to address the proposed legislation.

Dr. Lipsman stated that the goal of his department from a health point of view is to prevent and reduce food-borne illnesses. He also stated that in Westchester County, there have been declining incidents of food-borne related outbreaks of illnesses. There may be 15 to 20 per year that involves two or more people. He stated that their concern is the cost. He further stated that the DOH employs individuals who inspect the various food service establishments located throughout Westchester County. He stated that another concern would be the pressure on the Inspectors to return within two weeks if deficiencies are found. Currently, medium and high-risk establishments are inspected once a year. He stated that in order to implement this system it would be an enormous addition to resources.

Assistant Commissioner Robert Ebersole explained that Inspectors visited food facilities to determine adherence to all applicable regulations or directives relating to public health. He further stated that the Inspectors work with the food establishment to assist them with problems in meeting standards.

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Commissioner Lipsman stated that he would like to do further research on this issue and report back to the committee within a couple of weeks.

The Chair thanked Commissioner Lipsman for his presentation.

Legislator Carsky moved to adjourn the Health Committee. Seconded by Legislator Stewart-Cousins. All in favor 3 – 0.

Legislator Stewart-Cousins asked the County Attorney to address the committee on Westchester Computer Access Program.

Mr. Scheinkman stated that he had added an amendment requiring the Chief Information Officer to provide a report to the BOL and the Purchasing Agent twice a year regarding the transfer, disposal or destruction of surplus, obsolete or unusable County computers or computer equipment. He stated that this addition would not require another Public Hearing.

After discussion, Legislator Latimer moved the Westchester Computer Access legislation to the floor for a vote. Seconded by Legislator Bronz. All in favor 6-0.

Legislator Abinanti made a motion to adjourn. Seconded by Legislator Latimer. All in favor 5-0.

The meeting adjourned at 4:35 p.m.