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Home My WebLink AboutOctober 22, 2013 AgendaAGENDA CITY OF DENTON CITY COUNCIL October 22, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Session on Tuesday, October 22, 2013 at 1:00 p.m. in the Council Work Session Room, 215 E. McKinney Street, Denton, Texas at which the following item will be considered: 1. Receive a report and hold a discussion concerning Risk Level 5 of the Mosquito Surveillance and Response Plan of the City of Denton. 2. Consider approval of a resolution authorizing control measures to be taken by the City of Denton, Texas concerning Risk Level 5 of the Mosquito Surveillance and Response Plan of the City of Denton; and declaring an effective date. Following the completion of the Special Called Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting A. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with Gas Well Ordinance regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority, statutory preemption and /or impacts of federal and state law and regulations as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance, as well as the status and strategic considerations associated with litigation pending in the 211th District Court of Denton County, Texas styled City of Denton, Texas v. EagleRidge Energy, LLC and EagleRidge Operating, LLC, Cause No. 2013 - 30217 -211. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 2013 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1- 800 - RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: October 22, 2013 DEPARTMENT: Utility Administration 14v— ACM: Howard Martin, 349 -8232 SUBJECT Receive a report, hold a discussion, and consider enacting a resolution concerning Risk Level 5 of the Mosquito Surveillance and Response Plan of the City of Denton. BACKGROUND On July 25, 2013, the City of Denton received notification from the Denton County Health Department of a confirmed human case of West Nile virus in the City of Denton. In accordance with the City of Denton's Mosquito Surveillance and Response Plan (MSRP), the mosquito risk level was raised to Risk Level 4 based on the trigger condition of a single positive human case. Risk Level 4 was implemented by the City of Denton on July 26, 2013. On October 16, the City of Denton received notification from the Denton County Health Department of second human case of West Nile virus. The onset date for this patient was September 30, 2013. This result places Denton at Risk Level 5, based on the trigger condition of "multiple human cases ", and Risk Level 5 was enacted on October 18, 2013. The MSRP control measures for Risk Level 5 include consideration of targeted adulticide applications using ground -based Ultra -Low Volume (ULV) equipment. The MSRP further states that "the decision to spray will be made by a Resolution of the City Council of Denton prior to the first application, for each mosquito season. Based on information available at the time of the Council decision, the Resolution may include specific requirements ". Staff is providing this information to discuss a resolution authorizing ground -based applications of mosquito adulticides with the City Council. If the Council directs staff to progress with ground -based applications, staff will take the necessary measures to ensure these applications are completed in accordance with the MSRP and with any additional condition(s) specified in the resolution. It is important to note that MSRP also states that the decision to implement control measures will be based on the following IPM (Integrated Pest Management) criteria: time of year, the extent of previous mosquito control activities, the current level of mosquito activity, weather conditions, the species of mosquitoes that test positive for disease, the number of local mosquito pools which test positive for disease, the likely time until a killing frost, the density of roads or other access to mosquito breeding grounds, and the density of human populations. Epidemiological data associated with reported human cases of West Nile Vines (WNV) will also be considered. The mosquito trap data collected over the last week have shown a substantial decrease in overall mosquito densities, most likely due to the cooler weather being experienced in the area since the last cold front. Densities of Culex quinquefasciatus, the mosquito that carries WNV in this area, have also been very low during the last two trapping events. As reported previously to the Council, there has been one WNV positive mosquito trap (collected on October 1) in the City of Denton this season, out of approximately 418 trap events (this does not include the RAMP testing being done). For comparison, there were 476 trap events in 2012 from May 16 through November 6, with a total of 54 traps testing positive for WNV. There were a total of 36 human cases of WNV in Denton in 2012, with the earliest being reported on June 21, 2012, and the latest being reported on November 12, 2012. The November 12, 2012 human case had an onset date of October 11, 2012 EXHIBITS 1. Resolution. Respectfully prepared and submitted by, Kenneth Banks. Environmental Services and Utility Budget Director Olegal \our documents \resolutions \13\risk level 5 resolution 2013 101713 kb doc i RESOLUTION NO. A RESOLUTION AUTHORIZING CONTROL MEASURES TO BE TAKEN BY THE CITY OF DENTON, TEXAS CONCERNING RISK LEVEL 5 OF THE MOSQUITO SURVEILLANCE AND RESPONSE PLAN OF THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has a Mosquito Surveillance and Response Plan (the "Plan")• WHEREAS, the Plan sets forth certain risk levels, as established by the criteria described therein; WHEREAS, the City of Denton has now entered Risk Level 5, as defined in the Plan; WHEREAS, the Control Measures, as described and defined by the Plan for Risk Level 5, include the ground -based application of targeted mosquito adulticides, as more particularly described therein, upon the decision of the City Council of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:. SECTION 1. The City Council of the City of Denton hereby finds that the City of Denton has entered Risk Level 5, as described and defined in the Mosquito Surveillance and Response Plan. SECTION 2. The ground based application of mosquito adulticides, as described in the "Control Measures" of Risk Level 5 of the Mosquito Surveillance and Response Plan, is hereby authorized, so long as the City of Denton shall be in Risk Level 5, for the mosquito season of 2013. SECTION 3. The City Manager shall insure maximum dissemination of information to residents in areas where application of mosquito adulticides shall occur. SECTION 4. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ..... , 2013. MARK A. BURROUGHS, MAYOR s: \legal \our documents\resolutions \l3\risk level 5 resolution 2013 101713 kb doe ATTEST: JENNIFER WALTERS, CITY SECRETARY IMA APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2