WHEREAS, the Secretary of the United States Department of Agriculture has made an emergency declaration concerning the need to eradicate the Asian Longhorned Beetle; and

WHEREAS, at its meeting on April 3, 2003, the Community Advisory Committee (CAC) reviewed the request for a Special Use Exemption for the purposes of applying the product Imicide to control the spread of Asian Longhorned Beetles; and

WHEREAS, the United States Department of Agriculture (USDA) has established Asian Longhorned Beetle Quarantine Areas in the Towns of Babylon and Islip; and

WHEREAS, a presentation regarding the request was provided by Joseph Gittleman and Susan Bright from the United States Department of Agriculture (USDA) and the New York State Department of Agriculture and Marketing; and

WHEREAS, the request pertains to the use of the product Imicide by trunk injection; and

WHEREAS, the properties pertaining to this request for a Special Use Exemption are Suffolk County properties located in the areas indicated on the attached Long Island Treatment Area Descriptions, including the map titled Suffolk County Owned Properties and Streets Located within 2003 Treatment and listed on the attached table; and

WHEREAS, by separate resolution, dated April 3, 2003, under the State Environmental Quality Review Act ("SEQRA"), N.Y. Envtl. Conserv. Law Art. 8, the CAC has determined that this action is a Type II action, pursuant to Volume 6 of New York Code of Rules and Regulations ("NYCRR") §§617.5(c)(20) and (27), in that the resolution pertains to routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; now

Be it therefore

RESOLVED, that a one year Special Use Exemption, pursuant to Suffolk County Code Section 380-5(E), be granted for the use of Imicide by trunk injection on the properties which are located in the areas indicated on the attached Long Island Treatment Area Descriptions, which are hereby incorporated by reference, subject to the attached Performance Work Statement section C-VII , 2003, which are also incorporated by reference; and, be it further

RESOLVED, that should the need to extend the treatment area become apparent during this one year time period, the USDA will notify the Chairperson of the CAC before such applications occur; and, be it further

RESOLVED, that by September 2003 the Chairperson of the CAC will receive a report from the USDA on the number of trees and quantity of Imicide used on Suffolk County property; and, be it further

RESOLVED, that grant of the exemption is based upon the following considerations:

1. Potential human exposure to the chemical will be minimal, because of the treatment method;

2. Residues of Imicide in the environment will be minimal, due to the treatment method and safeguards;

3. An Environmental Monitoring Plan has been conducted. Over the course of the next year the CAC will review the results of this monitoring effort and the risk assessment that was conducted by the USDA;

4. The USDA is evaluating biological control alternatives, however, at this point Imicide by trunk injection appears to be the most effective, least toxic alternative;

5. Failure to grant the exemption would result in the spread of Asian Longhorned Beetle, resulting in potentially more widespread use of pesticides, loss of trees and animal habitat and other environmental impacts;

6. A high percentage of tree species on Long Island are susceptible to the Asian Longhorned Beetle;

7. Failure to contain the Asian Longhorned Beetle will result in great economic damage; and, be it further

RESOLVED, that following the one year time period, a renewal request may be submitted; and, be it further

RESOLVED, that this Resolution shall take effect immediately.

Motion by: Dominick Ninivaggi
Seconded by: William Sickles

Committee Vote: Appointed Members: 9
Total Voting: 7
Ayes: 7
Nays: 0
Abstentions: 0

I hereby certify that the Community Advisory Committee duly adopted this resolution on April 3, 2003 in accordance with Suffolk County Code Section 380-5(E). I hereby certify that the Community Advisory Committee duly ratified this resolution on April 15, 2003.

___________________________
Signed

___________________________
Dated