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October 22, 2013 Minutes CITY OF DENTON CITY COUNCIL MINUTES October 22, 2013 After determining that a quorum was present, the City Council convened 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. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp; Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, Council Member Hawkins ABSENT: None 1. Receive a report and hold a discussion concerning Risk Level 5 of the Mosquito Surveillance and Response Plan of the City of Denton. Kenny Banks, Director of Environmental Services and Sustainability, stated that on July 25, 2013 staff received notification from the Denton County Public Health Department of a West Nile Virus (WNV) positive human case. The onset of the care was estimated to be June 17, 2013. A Rick Level 4 was enacted July 26, 2013. Staff received notification of a second positive human cased on October 16, 2013. The estimated onset of that case was September 30, 2013. Risk Level 5 was enacted October 18, 2013, based on the trigger condition of “multiple human cases”. Risk Level 5 control measures included consideration of targeted adulticide applications using ground-based spraying equipment. A decision was needed by resolution approved by the Council, prior to the first application of each mosquito season. Those control measures included (1) time of year, (2) current level of mosquito activity, (3) weather conditions, (4) number of local mosquito pools which tested positive for disease from samples around the city, (5) likely time until a killing frost, and (6) epidemiological data from human cases of WNV. Banks reviewed a comparison of 2012 and 2013 WNV case information in terms of number of cases, kinds of cases and mosquito pools. As of October 18, 2013, 418 mosquito traps were deployed and analyzed by the State and 201 traps were deployed for Rapid Analyte Measurement Platform analysis for a total of 619 traps. One sample tested positive on October 1, 2013 at Robson Ranch with a subsequent sample testing negative on October 10, 2013. The sampling on October 16, 2013 at Robson did not have enough mosquitoes to test. That was similar for all traps deployed that night around the City. A comparison of 2013 and 2013 was reviewed in terms of number of trap events, number of positive WNV traps, human cases, earliest human case, latest human case, and onset for latest human case. Weather data was also reviewed in terms of temperature. A resolution was included in the agenda for consideration which was similar to the one Council approved last year. Staff was ready to initiate spraying if Council decided to proceed with approval of the resolution. 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. Mayor Burroughs asked about specific locations for spraying. City of Denton City Council Minutes October 22, 2013 Page 2 Banks stated that the spraying would be done where the human cases were detected. Last year spraying was allowed in areas if there were three or more positive traps. Council Member Gregory stated that some cities in the North Texas area started spraying in May/June. He asked about the data showing their incidences of positive traps as opposed to Denton’s. Banks stated that Flower Mound sprayed for every positive trap, Lewisville sprayed for every positive trap as did Highland Village. Council Member Gregory asked if spraying made a difference. Banks stated that the application killed mosquitoes but the long term projection was that it was not effective. Spraying was a short term kill. Council Member Gregory asked about the concentration of the spray. Banks stated the Duet used made the mosquitoes fly which was the best use of the spray. Council Member Gregory questioned if the Council voted in favor of the resolution, would it be just for one authorized area. Banks stated that it would authorize spraying in every human case. Council Member Hawkins asked about the cost for the spraying. Banks stated the cost was $800 - $1000 for each spray event. Council Member Roden asked if post spray trap analysis was done last year. Banks stated that some post spraying analysis was done. It was a difficult task as there were many variables to consider. th Council Member Roden asked if there was a corresponding positive trap with the October 16 human case. Banks stated there was no trap in proximity to the case. Mayor Burroughs suggested for future years, consider moving a trap nearby for corresponding data if a human positive case was found with no trap nearby. Council Member King stated that the logical response was to spray at the location where a positive case lived. However, there were many other factors involved. Council Member Engelbrecht questioned the idea of spraying long after the onset which may or may not have been contracted in that area. City of Denton City Council Minutes October 22, 2013 Page 3 Mayor Burroughs stated that there were not the densities of mosquitoes as last year. It was late in the season and spraying would be a short term program. Council Member Hawkins asked about notices posted about the spraying. Banks stated that normally a 24 hour notification was done but a 48 hour notice could be possible. An automatic call was done for all utility account holders in the area. DTV, Code Red and website information was also done. Mayor Burroughs stated that the spraying was only good for adult mosquitoes and was not for future mosquitoes. If everything possible was not done, there was a potential for great problems. Council Member King was in favor of following the plan currently in place. Council Member Hawkins agreed with Council Member King. Mayor Pro Tem Kamp motioned, Council Member Hawkins seconded to approve the resolution. On roll call vote: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member King, Council Member Roden, and Council Member Hawkins – “aye”. Motion carried unanimously. Following the completion of the Special Called Session, the City Council convened in a Closed Meeting to consider the item listed below under the Closed Meeting section of this agenda 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 th pending in the 211 District Court of Denton County, Texas styled City of Denton, Texas v. EagleRidge Energy, LLC and EagleRidge Operating, LLC, Cause No. 2013-30217-211. Following the completion of the Closed Session, the Council returned to Open Session and with no further business, the meeting was adjourned. ____________________________________ ____________________________________ MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS