Item #3 Approval of Minutes-September 15, 2015 and October 15, 2015

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1 HEALTH, SOCIAL, EDUCATIONAL & ENVIRONMENTAL COMMITTEE MEETING Held In The PUTNAM COUNTY OFFICE BUILDING ROOM 318 CARMEL, NEW YORK Members: Chairwoman Scucimarra, Legislators Gross and LoBue Thursday November 19, 2015 The meeting was called to order at 6:33 P.M. by Chairwoman Scucimarra who requested Legislator LoBue lead in the Pledge of Allegiance. Upon roll call, Legislators LoBue and Gross and Chairwoman Scucimarra were present. Item #3 Approval of Minutes-September 15, 2015 and October 15, 2015 The minutes were approved as submitted. Item #4 Discussion/Adults with Autism/Structured Work Environment PARC Executive Director Susan Limongello stated Partner, Achieve, Reach, Connect ( PARC ) Organization is a full service organization for children and adults with disabilities. She stated the organization has group homes, work opportunities, sheltered workshop, supportive employment and every different array of work that the State offers. She stated PARC has approximately 300 people participating in the work program. She stated they support roughly 650 people a day. She stated PARC provides transportation for those that participate in the day programs. She then discussed other programs that PARC offers. Legislator LoBue questioned if PARC has a waiting list for people who need to be placed in a program. Executive Director Limongello stated PARC has opportunities available. She stated unfortunately due to the cuts in State funding, sheltered workshops are proposed to be eliminated by Legislator Gross questioned why the State would cut funding and propose to eliminate sheltered workshops. He stated sheltered workshop provides those with disabilities the feeling of accomplishment, belonging and gives them a purpose. He questioned what will happen to those who are currently placed in the sheltered workshop setting. Executive Director Limongello stated it is understood that the work conducted in sheltered workshop will continue but the setting in which the work is done will change. She stated PARC s sheltered workshop conducts real work for businesses such as Vista Labs and Brewster Plastics; in fact PARC is their main contractor for work. Legislator LoBue stated she would like a letter or a resolution be sent to the State requesting the continuation of funding for the sheltered workshop. Mrs. Debbie Hudak, constituent, stated she has a 22 year old daughter, Alicia, who has autism. She stated through the school system various services are provided to children until the age of 21. She stated 1

2 the summer before Alicia s last year of school there, was a discussion with teachers to plan her transition into a day program. She stated there are limited options. She stated she is concerned because schools offer a 1:1 aid and that service is not offered in the other programs. She stated PARC accepted her daughter in a program. She stated she has reservations with cuts in spending for the special needs programs. Legislator Gross questioned how many people are affected by Autism. Executive Director Limongello stated 1 in 45 people are affected with Autism. Chairwoman Scuccimarra stated the Legislature would be happy to draft a letter urging the State to not cut funding on these types of programs. Executive Director Limongello stated she believes one (1) thing that is lacking in Putnam County is the transition from school to the adult world. Legislator LoBue stated if everyone is in agreement the Legislature can draft a resolution and discuss this matter at next month s Committee meeting. Chairwoman Scuccimarra agreed to have a resolution drafted and discuss this matter at the next Committee meeting. Item #5 Discussion/Microbeads Environmental Impact a. Review of the Connecticut State-wide Microbeads Ban Pace University Environmental Policy Clinician A stated plastic pollution has been a growing issue globally and nationally; microbeads plays a major role in this issue. She stated microbeads are entering the waterways. She stated microbeads used in products are approximately less than one (1) milometer in size. She stated most of the public is unaware that there are microbeads in their cosmetic products. She stated there have been several counties in the State who have discussed the proposal of banning microbeads. Pace University Environmental Policy Clinician B stated the County has a population of approximately 100,000 people therefore, it is estimated 30 million microbeads are polluting the Hudson River, New York State Watershed and other waterways. She stated there is a sewage treatment plant in Peekskill and the water flows north resulting in the polluted water flowing up to Cold Spring. He stated there are PCBs and other contaminating chemicals that microbeads leach on to. He stated the Pace University Environmental Policy Clinicians met with lead microbeads researcher Dr. Sherri Mason who concluded that microbeads absorb up to 100,000 to a million times the amount of chemicals found in the State waterways. Pace University Environmental Policy Clinician C stated there are microbeads found in all 610 New York waste water treatment plants. She stated 207 of these plants are able to filter out microbeads but, the remanding 403 cannot, four (4) of those treatment plants are located in Putnam County. She stated there is a substantial cost to retrofit all of the waste water treatment plants to ensure they can filter out the microbeads. 2

3 Pace University Environmental Policy Clinician B stated their group recently spoke to Westchester County Executive Astorino who would not condone spending $500 million to retrofit Westchester County s waste water treatment plants. Legislator Gouldman questioned if Westchester County is considering the banning of microbeads. Pace University Environmental Policy Clinician D stated Westchester County is considering a microbeads ban. Pace University Environmental Policy Clinician B stated County Executive Astorino expressed a desire to wait for the State to take action and have a state-wide microbeads ban. He stated with all due respect to County Executive Astorino, environmental impacts and health impacts to the public can occur while waiting for the State to pass such ban. Legislator Gouldman stated the focus should be for Westchester County banning microbeads instead of Putnam County because our County residents shop more in Westchester County. He questioned what products would replace microbeads in the cosmetic products. Pace University Environmental Policy Clinician A stated when many consumers are told about microbeads being in their products, they tend to not purchase those products anymore. She stated there are plenty of products made with apricot pits, walnut shells, sand and sugar. She stated in terms of a product, St. Ives Apricot Scrub is made without microbeads. She stated consumers will not shop across county lines to purchase products with microbeads because there is no attachment to the products that have them. Legislator Nacerino questioned if educating the public on this matter would be a better action to take than banning microbeads. She stated having a county microbeads ban is putting a Band-Aid on a State problem. She stated the Legislature needs a true estimate to the cost of retrofitting waste water treatment systems in Putnam County. She stated she is concerned with how the County would enforce such ban. Pace University Environmental Policy Clinician B stated there are 21 companies who currently have rolling bans on microbeads. He stated there was a microbeads ban that was stalled in the State Senate because of the timing and the lack of defining micro degradable microbeads. He stated the ban will not affect the economy. He stated about six (6) states have already banned microbeads and six (6) counties in the State have banned microbeads. Legislator Gouldman stated there will be a negative impact with a microbeads ban on the small businesses in the County. He stated he supports a state-wide ban but not a County ban. Chairwoman Scuccimarra stated other counties have banned it and Westchester County is considering having a microbeads ban. Legislator Gouldman stated after the surrounding counties have passed a microbeads ban, he would consider banning microbeads in Putnam County. He stated he would support an educational campaign. 3

4 Pace University Senior Fellow for Environmental Affairs John Cronin stated Erie County and Chautauqua County have held public hearings on this matter and the public demanded a microbeads ban. He stated there is enormous public support for the ban. He stated people have a negative reaction to washing their face and brushing their teeth with plastic. There is an environmental issue along with a consumer health issue. He stated the counties that have already passed a county-wide microbeads ban did not want to wait for the State to take action. Legislator Gouldman stated he realized this product has environmental and consumer health impacts; however he has concerns with the impact a ban will have on the small businesses. Legislator Gross questioned why there are microbeads in toothpaste. Pace University Environmental Policy Clinician B stated it is used as an abrasive. Senior Fellow Cronin stated if a product has microbeads in it, the words polyethylene or polypropylene will be listed as an ingredient. Legislator Wright questioned if the retrofit remediation cost versus the cost of more natural products has been analyzed. He stated he is concerned with the potential burden placed on the consumers. Senior Fellow Cronin stated a microbeads economy does not exist; there is no demand for it. He stated microbeads in personal care products actually increase the cost of the products. He stated due to the consumer revolt of microbeads, companies are creating their own bans. The issue is the time frame in which the companies want. Citizens Campaign for the Environment Government Relations Director Louis Burch stated samples from the ocean were collected and it was concluded microbeads is pervasive in the environment. He stated it is important to note that the American consumer market is behind other major global markets, particularly in Europe. He stated there are alternative products. He stated the Personal Care Products Industry ( Industry ) has acted in a disingenuous way by labeling products conspicuously. He stated in terms of the Connecticut Microbeads Ban it is viewed as a compromised bill. He stated the Citizens Campaign for the Environment advocated for the strongest possible language that would address the vast products that implement microbeads. He stated the Connecticut Ban will phase out products with microbeads and will allow the Industry to apply for an exemption if they can prove a product can breakdown in a benign environment. He stated looking at the definition of biodegradable and the Industry saying microbeads are biodegradable is misleading because by definition plastic is not decomposable. Chairwoman Scuccimarra stated at the last Committee meeting the concern of enforcing a microbeads ban arose. She stated Ulster County is putting the enforcement burden on the manufactures. She questioned how the Connecticut Microbeads Ban is being enforced. Government Relations Director Burch stated it has a tier approach for phasing out microbeads and it is effective December 31, He stated on December 31, 2018 no person or party may offer for sale or distribution a product containing microbeads. 4

5 Senior Fellow Cronin stated the burden is not on the store owner, it is the company that sells the microbeads. He stated passing a county ban would send a message to the State and it is a message to the neighboring counties. Legislator Nacerino questioned if the State did not take any action on the proposed legislation. Senior Fellow Cronin stated the State Assembly passed microbeads ban legislation and the matter is frozen in the State Senate. Legislator Nacerino stated she would like a letter be sent to the State to express the counties stance on microbeads. She stated she would prefer a State microbeads ban versus piece-meal legislation. She stated if the County does pass such ban she likes Connecticut s legislation with implementing tiers of phasing out microbeads. Legislator LoBue stated she is in favor of banning microbeads. She stated this matter is very important and it is more cost effective to institute prevention versus remediation. She stated there are numerous products available to use in lieu of microbeads. She stated the County needs to consider a ban because they have a lot of watershed property. Legislator Gouldman stated he is concerned with the enforcement of microbeads and the impact it would have on the small business owners in the County. Government Relations Director Burch stated the legislation can be written where the focus of enforcement is placed on the manufacturer and not the retailer. Chairwoman Scuccimarra stated she understands Legislator Nacerino s concern with piecemeal legislation, however after counties pass their own microbeads ban the State will create a state-wide ban. Legislator Nacerino stated she would like a uniform legislation. She stated if manufacturers such a Johnson & Johnson are banning microbeads, why is it necessary for government to ban it. Senior Fellow Cronin stated manufacturers are phasing the products more slowly. Also, counties are not passing bans because of a manufacturer promise. He stated if the EPA decided to list microbeads as a pollutant, Cold Spring, Mahopac, Brewster, Patterson, Carmel will have to spend millions of dollars to retrofitting their sewage treatment plants to remove microbeads. Legislator Addonizio stated she is in support of a microbeads ban; a price cannot be put on protecting our environment. Legislator Wright requested the review of enforcement mechanisms for the counties that have passed a microbeads ban. Legislator Gouldman stated a representative from the Industry should attend the Committee meeting to discuss their perspective. 5

6 Chairwoman Scuccimarra stated a representative from the Industry did attend a Committee meeting in September. Item #6 Discussion/CVS Pharmacies Selling Naloxone Without a Prescription Chairwoman Scuccimarra questioned if there are any implications of selling Naloxone without a prescription and if there are risks for doing so. Commissioner of Health Dr. Allen Beals stated Naloxone can be sold without a prescription in 14 States. Legislator LoBue made a motion to waive the rules and accept the additional; Seconded by Chairwoman Scuccimarra. All in favor. Commissioner Beals stated Naloxone is also known as Narcan. He stated the Health Department has made Narcan available to first responders. He stated he has administered Narcan in his career as a physician. He then facilitated further discussion in providing his experiences with using Narcan. He stated he has concerns with distributing Narcan freely because it can be abused by drug addicts; which can create further issues. He stated Narcan is opiate agamas, meaning it interferes the receptor sites immediately; but Narcan does not last in the body as long as Heroin. Therefore, Narcan may need to be administered more than once. He stated Narcan will provide the public a false sense of security. Deputy Commissioner of Social Services Joseph DeMarzo stated he concurs with Commissioner Beals. He stated there are reports of drug addicts abusing Narcan. Legislator Wright questioned if an autopsy can conclude if Narcan was administered. Commissioner Beals stated no. Putnam County Senior Investigator Mark Gilmore stated he is the Senior Investigator for the Putnam County Sheriff s Narcotics Division. He stated he agrees with Commissioner Beals statements and Deputy Commissioner DeMarzo s statements. He stated there is a stigma problem with family members who have a loved one with a drug addiction. He stated there is a concern that a person overdoeses at a drug party there is nothing to save their life. He stated due to the Good Samaritan Law if someone calls 911 for their friend s overdose the caller will not be prosecuted for the residual narcotics found in the home. Commissioner Beals stated to put things in perspective; individuals generally do not overdose on prescription medications. He stated the problem with heroin is when addicts use heroin they overdose due to not knowing the dosage they take. He stated those who were recovering addicts who use tend to overdoes because their body does not have the same tolerance to the drug as it did before. Putnam County Sheriff s Captain O Malley stated the Jail deals with a lot of people abusing a drug and overdosing on heroin. He stated due to the overdose issue, the Jail needs to administer a constant watch. Undersheriff Convery stated the Jail is a mental health hospital. 6

7 Legislator LoBue requested for clarification on what a constant watch is. Captain O Malley stated it is a one (1) on one (1) supervision of a correctional officer and an inmate. Legislator Wright stated he believes this matter should die in Committee because there is no professional evidence before the Committee to support providing naloxone without a prescription. Legislator LoBue questioned why individuals are turning to use heroin. Commissioner Beals stated this issue started with our medicine cabinets and doctors freely prescribing narcotics for injuries. Legislator LoBue requested statistics in relations to fatal and nonfatal overdoses in the County. Commissioner of Social Services Michael Piazza stated there were 14 fatal drug overdoses in 2015 thus far. Item #7 Discussion/Putnam County s Health Department/Septic Approval Policy and Procedure Chairwoman Scuccimarra stated this agenda item was brought to the attention of the Legislature from constituent complaints. She stated Legislator Albano could not attend this Committee meeting but wanted to express his opinion and concerns regarding this matter. She read a correspondence from Legislator Albano into the record. Director of Environmental Health Robert Morris stated the Housing Additions Program is one (1) of the most challenging programs. He stated the State has guidelines that the Health Department has to enforce. He stated if the septic systems is large enough to accommodate a future and potential bedroom there will be no issues with an addition. He stated the Health Department is less restrictive than the State. He stated if a basement is separated into a room greater than 70 square feet, it will be considered a bedroom. He stated there are small lots and additions on houses to become bigger on the lakefront that result in septic issues. He stated it is challenging to balance the publics rights and the health right. Commissioner Beals stated it is ironic that the County has been having problems with lakes due to septic issues. He stated the Health Department cannot be lenient because it will jeopardize the environment and the community s health. Chairwoman Scuccimarra stated renovations should be looked at from a case by case perspective. Director Morris stated the Health Department does look at each housing addition applications individually; but the health codes need to apply to everyone. He stated the septic systems for homes are based on the total bedrooms and not the number of individuals residing there. Chairwoman Scuccimarra questioned if the County is more restrictive that the State. Director Morris stated the County is more restrictive than the State. 7

8 Commissioner Beals stated the County has numerous properties near watershed; therefore the Health Department needs to be more stringent. He stated there is not a lot of wiggle room. He stated the housing addition applications are reviewed very mutinously. Director Morris stated another issue is there are older houses that have been grandfathered in to meet the codes. Legislator Nacerino stated the issue is the Health Department speculating there can be a potential bedroom developed in the future. She stated there have been occurrences where a building inspector has a different opinion than the County in terms of a potential bedroom. Director Morris stated sometimes there is differing opinion because the County has to investigate if a potential bedroom can be constructed in the future. He stated he has never been made aware that this matter was an issue. Chairwoman Scuccimarra stated it has been an issue and constituents have contacted the Legislature regarding this matter. Architect James Hardford stated he does a lot of house additions and renovations in Putnam County. He stated he is working on a house in the Town of Philipstown. He stated he designed the house and reduced the house to a two (2) bedroom house to meet the Health Department s regulations; however he was told that the home office room would be considered as a bedroom. He stated Philipstown ruled the house as a two (2) bedroom house while the County views the house as a three (3) bedroom. Director Morris stated if the house existed before 1970 the County will refer to the towns for the legal bedroom count. He stated there are two (2) sets of guidelines; new construction and additions. Garrison Builder Tom Ptacek stated the Health Department s guidelines have a lot of subjectivity and are not written clearly. Commissioner Beals stated at no fee architects and homeowners can come to the Health Department and address their questions and concerns when creating a design. Chairwoman Scuccimarra stated she would like to form a sub-committee to look into the residents concerns of the Health Department s Septic Approval Policy and Procedure. Legislator LoBue stated she is not comfortable forming a sub-committee because it will open a door, nor does she want to micromanage the Health Department. She stated she understands there is an issue with miscommunication. She stated the Health Department welcomes individuals to come and speak about a design. Chairwoman Scuccimarra stated she believes creating a sub-committee is not micromanaging it is just exploring the concerns of our constituents. Legislator Gross stated he is aware that there is an issue regarding the Septic Approval Policy and Procedure. He stated he endorses Legislator Albano s letter that was read into the record. 8

9 Deputy County Executive Bruce Walker stated a sub-committee could be formed under the guidance of Commissioner Beals and County Attorney Jennifer Bumgarner. He stated such sub-committee would be a good idea to explore if there is a way to simplify the policy. Item #8 Discussion/NYSAC Resolution/County Sharing for the Safety Net Program & Increase Shelter Grant Reimbursements to Counties Commissioner Piazza stated the State changed the Safety Net from 50% State contribution and 50% County contribution to 29% State contribution to 71% County contribution. He stated the County increased their share by approximately $21,000. He stated the Department of Social Services supports the proposed NYSAC Resolution. Chairwoman Scuccimarra made a motion to approve the NYSAC Resolution for County Sharing for the Safety Net Program & Increase Shelter Grant Reimbursements to Counties; Legislator LoBue. All in favor. Item #9 Approval/Municipal Waste Reduction and Recycling Program Grant Legislator Gross made a motion to approve the submission of the Municipal Waste Reduction and Recycling Program Grant; Seconded by Legislator LoBue. All in favor. Item #10 Approval/Budgetary Amendment (15A081)/Health Department/Performance Incentive Initiative Legislator Gross made a motion to approve Budgetary Amendment 15A081; Seconded by Legislator LoBue. All in favor. Item #11 Approval/Budgetary Amendment (15A077)/Department of Social Services/Child Advocacy Center Legislator Gross made a motion to approve Budgetary Amendment 15A077; Seconded by Chairwoman Succimarra. All in favor. Item #12 FYI/Septic Systems in Putnam County Duly Noted a. Response /Office of NYS Assemblywoman Sandra Galef b. Response/Law Department Item #13 FYI/ProAct- Duly Noted a. Discount Utilization Card Report b. Correspondence Item #14 Other Business a. Approval/Budgetary Amendment (15A084)/Office for Senior Resources/Bus Chairwoman Scuccimarra made a motion to approve Budgetary Amendment 15A084; Seconded by Legislator LoBue. All in favor. 9

10 Item #15 Adjournment There being no further business, at 9:03 p.m. Chairwoman Scuccimarra made a motion to adjourn; Seconded by Legislator Gross. All in favor. Respectfully submitted by Administrative Assistant, Lisa Sommers. 10