August 27, 2012 minutes
CITY OF DENTON CITY COUNCIL MINUTES
August 27, 2012
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Special Called Meeting on Monday, August 27, 2012 at 7:30 a.m. in the Council
Work Session Room.
PRESENT: Council Member Watts, Council Member King, Council Member Roden, Mayor
Pro Tem Kamp, Council Member Gregory, Mayor Burroughs
ABSENT: Council Member Engelbrecht
1.Hold a discussion regarding the Disaster Declaration by the Denton County Judge
concerning a West Nile Virus Health Emergency, which calls for State assistance for
response and mitigation support to combat West Nile Virus, including aerial spraying to
minimize and control mosquito populations.
Ken Banks, Director of Environmental Services and Sustainability, stated that the City had
received a letter from Denton County Judge Mary Horn indicating that the Judge had issued a
Disaster Declaration and Executive Order to request State assistance for support to combat West
Nile Virus. The Denton County Health Department was recommending more aggressive
strategies of mosquito control in the form of aerial spraying. The County had indicated that
municipalities could participate in the aerial spraying but the municipalities had to make a formal
request to be included.
Banks presented the number of West Nile Virus cases for Denton County which currently had
the highest West Nile Virus incidence rate in the State of Texas. He reviewed the statistics
regarding % of traps testing positive, total number of and number of quinq mosquitoes by trap
per night, % of quinq, and cumulative human cases (total 22).
Mayor Burroughs asked about the total number of traps out each night.
Banks stated that there were approximately 20 traps per trapping event. He indicated that it was
hard to determine the efficiency of the ground level spraying due to all of the variables involved.
He felt that the trapping network was not set up to gauge the efficiency of ground level spraying.
The conclusion was that there was a decrease in the % of quinq in the traps but he was not
comfortable contributing that to spraying. Spraying had an influence but other factors were also
included such as weather, larvicide, etc.
Council Member Roden asked if Denton was the only city in the County with traps.
Banks stated that other cities in the County had traps but Denton had the largest trapping network
in the County. Denton had about 50 traps that tested positive.
Mayor Burroughs noted that it appeared that each week it looked like one or two human cases
were being added to the count.
Banks replied that was correct and that it was following an upward trend.
Mayor Burroughs asked if it was normal for this type of tracking that it would get worse at the
end of the summer.
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Banks stated that the County graph showed the highest incidence rate for humans was in
September.
Council Member Watts asked about the incubation in humans after exposure.
Banks stated that it ranged from 2-12 days after exposure. These were diagnosed human cases.
The person had to become ill enough to be tested. Three days to 1 week was not an unreasonable
time from infection to the data showing up.
Council Member Gregory stated that it was probably a good assumption that some people never
get diagnosed. He asked if there was any data to suggest for every case diagnosed there were x
number of cases not diagnosed.
Juan Rodriguez, Chief Epidemiologist for Denton County Health Department, stated that for
every one diagnosed case there were 20 people not diagnosed. There were many more with
fever than was reported.
Council Member Roden asked about the breakdown of the cases in terms of fever versus
neurological cases.
Banks stated that of the 22 cases, 14 were the fever variety. He noted that areas were ground
sprayed when a human case was diagnosed in an area or there were 3 or more traps with positive
mosquitoes. He presented information on the spraying locations.
Mayor Burroughs asked what was the most recognized variable to account for the increases and
decreases in the population of the mosquito.
Banks stated that weather played a huge role and to keep in mind that all mosquitoes were going
downward in population but the quinq mosquito was going up in population.
Mayor Burroughs felt that one of the issues was trying to identify the variables because if the
variables changed next week such as rainfall, heat, etc. those would play into the mosquito
population.
Banks stated that rainfall and temperature would probably be the two most important variables.
Mayor Burroughs stated that the temperature over the last couple of weeks was lower than
normal and would that decrease the mosquito population.
Banks stated that it could cause the life cycle to be longer. A rainfall event would wash much of
the larva away but if water stayed, it could become a potential habitat. Rainfall with cool spells
could actually increase mosquito population. He stated that irrigation also needed to be factored
in as these mosquitoes migrated into urban areas with irrigation.
Mayor Burroughs asked about the larvicide program and the effectiveness of the program.
Banks stated that the City was using more larvicide this year than ever. City personnel were
treating stagnant water and keeping track of when that was done so as to rotate back when
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Page3
necessary. Approximately 5000 treatments were done so far this year and 3000 treatments were
given out to citizens. This very intense effort had an influence on the larva. For every drainage
ditch that was treated there were probably other areas not visible or underground that were
missed.
Council Member Roden stated that according to the Mosquito Response Plan and current trends
the plan would require additional methods or maintain the status quo.
Banks stated the plan did not address a state or county level emergency other than they took
precedence over the city's issues.
Council Member Roden asked what the City would do if it did not get involved with the County.
Banks stated that in the absence of County action, the City would continue with ground level
spraying. However, that could change very quickly as the County was looking at the situation
hitting a peak next month.
Mayor Pro Tem Kamp stated that she did not see a mosquito in her yard this season and felt that
had to do with the natural habitat in her yard. She was concerned with human lives but needed
convincing that this was the right thing to do. She did not think it was the right thing to do for
the environment and that the City’s plan was working. She was not convinced that aerial
spraying was the right thing to do. She questioned how aerial spraying would affect beneficial
insects and the environment.
Banks stated that the process sprayed insecticide from the air and even though it was done at
night, it would impact other organisms. The product used was Duet which was the same used for
ground spraying and was applied at a very low level. The night time frame avoided the time
when other insects were flying around. This was a contact only insecticide and bigger insects
did better than smaller insects. It had a broad scale application of a pesticide and measures were
taken to minimize the effects but it was not totally avoidable.
Dr. Bing Burton, Director-Denton County Health Department, stated that ground spraying and
other efforts were great. However, the County was in the midst of an epidemic and it was not
known where the cycle was going. This was a serious disease and aerial spraying could interrupt
the cycle. Human cases continued to go up and that was the main concern. The best information
on aerial spraying was from a spraying done in California in 2005. Data from that spraying
showed that the part of the California county that was not sprayed was six time more likely to
have West Nile than that part sprayed. It appeared to be an effective method and was believed to
be safe per the Center for Disease Control and others. Dallas County was already doing aerial
spraying on the recommendation of the Medical Society to Dallas. He shared the concerns about
putting pesticides in the air and this was not a common approach but this was unusual situation.
Aerial spraying could accomplish what 40 ground spraying trucks could do. There would be no
cost to the City or County.
Mayor Burroughs asked how the number of cases had been tracking in the County for the past
several weeks.
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Burton stated that was the primary reason for recommending a different strategy. Over the last
several weeks there were four to six new cases every day.
Council Member Roden asked what the County recommendation was for aerial spraying and
their plans for frequency.
Burton stated that there would be two nights of spraying with the intent to be Thursday and
Friday night weather permitting. The spraying would start about 9 p.m. and end about 2 a.m.
Council Member Roden asked if the County came back and declared an additional emergency
could the City be included in that.
Burton stated that he only knew that the County could do two nights of spraying this week and
beyond that he did not know of any other time.
Council Member Roden stated that if the peak time was in September, would there be a similar
situation in two weeks. He questioned the timing and rational of timing for this week and how
the effect would be in the later weeks.
Burton stated that the County was in the midst of an epidemic and something needed to be done
to interrupt transmission. He did not know when the peak would be and felt that evidence from
other years did not apply this year.
Council Member Gregory stated that he had received communications from citizens on aerial
spraying rather than ground spraying. Research indicated that of all the strategies, spraying was
the least effective.
Burton stated that the best information he had was from the case study in California.
Council Member Gregory asked about what research said about short term effects of spraying.
Banks stated that the whole idea of effectiveness was a general approach to managing the
population through habitat larvicide and adulticide. Adulticide was the least effective of the
three. It was effective but was the least effective. The intention was to minimize the impact but
did not eliminate it.
Council Member Gregory asked about aerial spraying in areas with lots of trees.
Banks stated that it would be more difficult to penetrate but that was the same situation as the
ground spraying. It did appear to be more effective to get to areas that could not be driven
through.
Council Member Watts stated that it seemed that the human cases were going up but the number
of positive traps was going down.
Banks stated that one of the issues was the effectiveness of the trapping. A second issue was the
large number of undiagnosed cases. It was not as simple as looking at graph to say the risk was
gone.
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Mayor Pro Tem Kamp asked about the plans if the City did not participate in the aerial spraying.
Banks stated that with no aerial spraying the City would continue to do what it was doing now in
terms of public education, larvicide and targeted ground spraying.
Mayor Pro Tem Kamp asked about providing the briquettes to citizens
Banks stated that citizens could come to Service Center and at the Composing Operation to get
them. The intention was to provide a place during the week during normal business hours or a
place on weekend.
Mayor Pro Tem Kamp asked about the cost to citizens.
Banks stated that there was no cost for Denton residents.
Mayor Burroughs asked about the cost if the City were to do its own aerial spraying.
Banks that that a rough estimate would be $225,000-250,000 for two applications.
Mayor Burroughs asked if Denton did not opt into the spraying now and later it was decided that
Denton County wanted to do a second round of aerial spraying, could Denton opt in for that
second spraying.
Banks stated that the current Declaration of Disaster was only effective for a certain period of
time and did not know about a second spraying and second Declaration. The current spraying
was for two applications this week.
Mayor Burroughs questioned if staff could contact Dallas County to find out about a second
spraying they might have if in September there were much more cases and Dallas County wanted
to opt in and how that would happen.
Mayor Pro Tem Kamp asked what the unincorporated areas of Denton County were doing.
Burton stated that the County Judge had responsibility for unincorporated areas. The north and
west areas of the County did not have any cases so there might not be any spraying in those area.
The spraying would be concentrated on those areas where there were cases.
Council Member Gregory asked if there had been any reports from hospitals or doctors about
citizens having bad reactions from coming into contact with Duet or other chemicals and what
was the knowledge of long term health implications.
Burton stated that the Health Department did not have any contact with doctors concerned about
exposure to pesticides and he did not know about long term effects.
Council Member Gregory questioned what happened to targeted ground spraying if aerial
spraying was done.
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Banks stated that pending ground spraying would be canceled to wait for additional human cases
before starting again. There was no reason to apply the product twice in targeted areas.
City Manager Campbell stated that a second round might be possibly paid for by the State if
resources were available and the County declared another emergency. If the City opted out of
this round it might be able to opt in for a second round. However, it was unlikely that a second
round would happen.
Mayor Burroughs asked about the City doing its own aerial spraying.
Banks stated that it could be a possibility if the City was willing to pay for the service and
several steps were completed first. A congestive air plan would have to be filed with the FAA
and a request would have to be filed with the State for a pesticide permit. Both of those could
take up to 2-3 weeks for approval.
Council Member Watts asked about the effectiveness of two nights of aerial spraying.
Banks stated that the intention was to be as effective as possible. With two nights of aerial
spraying, the majority of the mosquitoes would be affected and others would be affected the
second night to break the life cycle. The intention was to get the numbers down so there would
not be enough by the end of the season to continue the cycle. This time of year it was a more
effective strategy to do two nights in a row to reduce population.
Council Member King expressed concern about citizens coming into contact with aerial spraying
and city spraying.
Banks stated that aerial spraying would cover the entire city while ground spraying would only
target specific areas.
Mayor Burroughs stated that if the mosquito population was not significantly reduced now that
the fear would be that they would populate over winter and be far worse next summer.
Banks stated that was a concern.
Mayor Burroughs stated that it was better to get the mosquito population down at the end of the
season rather than now.
Banks stated that there were two subsets of the mosquito population to deal with - those that
currently had the virus and those that might get the virus later. The intention was to get rid of
those with the current virus with the hope that the mosquitoes with the virus would not have as
great an opportunity to build back up later.
Mayor Pro Tem Kamp asked for Jim Kennedy’s opinion regarding the aerial and ground
spraying and what it would do to the environment.
Jim Kennedy, Regents Professor of Biology-UNT, stated that they were in uncharted grounds in
terms of what was going on with human cases. In the past they had seen a downtrend about this
time of the year with West Nile Virus. He felt the comments about the pesticide applications
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were accurate and that the management plan as put forward had minimal effects on the
environment but still would have some type of impact. In terms of effectiveness, it appeared that
the mosquito population was down but rain might increase population again. There were non-
targeted effects but it would have to be seen if those outweighed the effects for the number of
human cases. There had been good education this year because of the number of mosquitoes in
May with the virus. There were far more positive West Nile mosquitoes in Denton County than
in the past and the number had been sustained.
Mayor Burroughs noted that quinq mosquitoes were territorial and did not travel long distances.
This would not be a situation where spraying outside the city limits would drive them into the
city.
Kennedy stated that this was not a mosquito that was known to travel large distances to move
from one area to another. Treatment of habitats was the most effective means of control.
Mayor Burroughs noted that getting rid of standing water, etc. was effective.
Kennedy stated that an important component was public education both this year and next year.
It made a big difference to have citizens remove habitats.
Council Member Gregory stated that rain barrels were promoted to capture water and questioned
if the ones with screens were sufficient to protect them from the mosquitoes.
Banks stated that it would depend on the size of the screen but that it was generally best to put a
larvicide in the water for protection.
Council Member Roden left the meeting.
Following the completion of the Work Session, the Council convened into a Special Called
Session in the Council Work Session Room.
1. Consider approval of a resolution of the City of Denton expressing its desire to
participate with and be included in aerial spraying to control mosquitoes that spread
West Nile Virus as a result of a Disaster Declaration by the Denton County Judge
concerning a West Nile Virus Health Emergency, which Declaration calls for State
assistance for response and mitigation support to combat West Nile Virus, including
aerial spraying to minimize and control populations of mosquitoes; and providing an
effective date.
The following individual submitted Speaker Cards:
Jay McElhinney, 605 Austin, Denton, 76201 - opposed
Laura Mauelshagen, 1110 N. Austin, Denton, 76201 – opposed
Michael Olaya, 308 W. Hickory, Denton, 76201 - opposed
Marisa Mulvaney, 1321 Norman Street, Denton, 76201 – opposed
Comments Cards were received from the following:
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Toni McElhinney, 605 N. Austin, Denton, 76201 - opposed
Alena Veteto, 2006 Camellia, Denton, 872-5 – opposed
Council Member Watts asked that if the City opted out of this spraying and another emergency
were declared, could the City then opt in for a second aerial spraying. It was his understanding
that this was a onetime shot.
Mayor Burroughs stated that it sounded like it might be possible to opt in at a second spraying
but the likelihood of a second aerial spraying was very low. It might be possible to opt in if there
were a new wave of mosquitoes with the virus.
City Manager Campbell stated that this was the most viable time to do this and that there was a
remote opportunity to do it at a later time but not impossible.
Mayor Burroughs stated that it was clear that this was a dangerous infection and those at risk
were not here at the meeting – the elderly and very young whole lives were at risk. There was a
fear factor involved on both sides of the issue. Council had to weigh through the fear to find the
right answer as there were so many variables that were unknown. Because of the number of
variables, the effects of aerial spraying were not definitive. The most effective methods were in
the hands of Denton citizens and they could do something about that. The City was already doing
measures in public places.
Council Member Gregory stated that he had received emails encouraging him to vote against the
aerial spraying. At first he felt he would be voting for the spraying but more information
changed his mind. The current program appeared to be effective. Staff had researched what
other cities were doing to educate citizens but that was not always effective. He was sure people
were not checking for stagnant water. Spraying was the least effective method but not totally
ineffective. The City had an opportunity to reduce risk and probably should do it. However, his
feeling right now was to opt out and stay with the program the City had in place.
Mayor Pro Tem Kamp stated that this was a very difficult decision as there was so much
information on both sides. There were major concerns with the epidemic but with the strategies
the City was using, she felt it was effective. She encouraged the citizens who sent emails on the
issue to spread the word to eradicate the possible habitats. She was not in support of the aerial
spraying.
Mayor Burroughs stated that from the County standpoint aerial spraying was the more efficient
way to address the problem. Denton had a more focused method to the spraying. If the problem
remerged to an extreme level, the City could invest in spraying itself. A second alternative was
that there might be a second round of spraying that the City would participate in. The City had
engaged the problem early and aggressively to keep the population down. That focus would
continue and would be more prudent to not press the overkill issue which aerial sparing might
envision. He was in favor of observing how effective the aerial spraying was on the County and
to continue with Denton's program.
Mayor Pro Tem Kamp motioned to deny the resolution. Council Member Gregory seconded the
motion.
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Council Member Watts stated that he would be supporting motion to deny. He appreciated the
opportunity offered by the County but seeing the data and the very particular criteria for ground
spraying, he was hesitant to participate in the aerial spraying. If conditions got worse, the City
would have to look at what choices they had and would have to bear the responsibility of that.
Council Member King stated that the emails he received indicated that people did not like aerial
or ground spraying. He had heard from parents that in the last three weeks that they were afraid
to let the children outside. He had seen firsthand a child with the virus and once infected, there
was no way to remove it from people. He would be voting against the motion.
On roll call vote: Council Member Watts, Council Member Gregory, Mayor Pro Tem Kamp and
Mayor Burroughs – “aye”; Council Member King “nay”. Motion carried with a 4-1 vote and the
resolution was denied.
With no further business, the meeting was adjourned at 9:40 a.m.
____________________________________
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
____________________________________
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS