Agenda 06/27/2017 Item #16H1 Proposed Agenda Changes
Board of County Commissioners Meeting
June 27,2017
Add On Item 5A: Presentation by Dr.Michael Saverese,Professor of Marine Science,Florida Gulf
Coast University,to announce the confirmation of the National Oceanic and Atmospheric Administration
(NOAA)grant award. (Commissioner Taylor's request)
Add On Item 11H: Recommendation to approve and authorize expenditure of Category "A" Tourist
Development Tax funds up to $57,600 for excavation of the Clam Pass inlet and re-grading of the adjacent
beaches, authorize necessary budget amendment in the amount of $30,000, and make a finding that this
expenditure promotes tourism. (Staff's request)
Withdrawn Item 16F4: Recommendation to review the delivery schedule for the implementation of the
Immokalee Impact Fee Installment Payment Pilot Program,which was approved by the Board of County
Commissioners to be advertised for adoption at a future public hearing and direct the County Manager to
move forward to execute the plan. (Staff's request)
Add On Item 16H1: Recommendation to grant short-
term consent to engage in additional ground-level spraying
to address the increased mosquito population in the
Fiddler's Creek Community Development Districts 1 and 2
(CDD 1 & 2), to supplement the existing aerial spraying
protocol of the Mosquito Control District; and to advertise
and bring back amendments to the CDD ordinances to
include the special powers granted in F.S. 190.012(2)(e), to
acquire services to address the increased mosquito
population in the community. (Commissioner Fiala's
request)
Note:
Item 16J7: The Executive summary inadvertently noted referenced disbursements through
June 30,2017 and should be disbursements through June 14,2017. (Clerk's request)
Add On Item 16H1
June 27, 2017
EXECUTIVE SUMMARY
Recommendation that (1) the Board advertise a Public Hearing, to be heard at the July 11, 2017, Board of
County Commissioners Meeting, to consider adopting a resolution as to CDD#1 and amending the CDD2
Ordinance to include the special power for the CDDs for “The Control and elimination of mosquitos and
other arthropods of public health importance” by contracting with an outside vendor to address
additional mosquito control needs; and (2) in the interim, to authorize the Fiddler’s Creek CDD 1 & 2
short term consent for “The Control and elimination of mosquitos and other arthropods of public health
importance” to procure the services of PowerX to engage in ground fogging of mosquito larvicide, from
June 26, 2017 through September 30, 2017, in order to alleviate the impact of nuisance mosquitoes.
OBJECTIVE: For the Board to consider granting short-term consent to the Fiddler’s Creek CDDs that will
allow the CDDs to secure the services of a qualified and licensed contractor, to engage in ground-level fogging
by motor vehicle in the Fiddler’s Creek community to reduce the impacts of mosquitoes in the community.
CONSIDERATIONS: Heavy rains at the end of May and beginning of June have provided increased breeding
environments for mosquitoes. The residents of Fiddler’s Creek have experienced a corresponding increase in the
mosquito population in their community. The location of the Fiddler’s Creek community places it is in close
proximity to Rookery Preserve, and this limits the capabilities of the Collier County Mosquito Control District
to combat the infestation of mosquitoes via aerial spray techniques. The CDD has communicated with the
Collier County Mosquito Control District and the district does not provide truck spaying for an additional fee.
Florida Statute 190.012(2)(e) provides the CDD with the special power to authorize additional resources in order
to control or eliminate mosquitoes and other arthropods of public health importance. Under this provision, and
in order to alleviate the current mosquito nuisance, the Fiddler’s Creek CDD 1 & 2, would like to contract with
PowerX, a qualified and licensed contractor, to engage in a ground spraying campaign, to control the mosquito
population in the community.
PowerX has been in business since 1988, providing services to residences, businesses, and various communities
throughout Florida. Their services have been used by Miami Dade County since 2016 as well as the City of
Indian Creek, numerous HOAs, and private residences. They are certified and insured in the State of Florida to
perform mosquito management services.
PowerX would target mosquito larvae through the ground distribution of larvicide from mobile vehicles. This
activity would supplement the actions of the Collier County Mosquito Control District, and ultimately reduce
the mosquito population by prohibiting the development of eggs to adult mosquitoes. The Fiddler’s Creek CDDs
and PowerX will coordinate and cooperate with the Collier County Mosquito Control District to determine the
frequency and type of spray used to insure full compliance with all label restrictions and applicable regulations.
FISCAL IMPACT: There is no fiscal impact to the County. The Fiddler’s Creek CDD 1 & 2 would pay for the
services of a contractor, as well as the advertising costs associated amending the ordinance.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. This request was
initiated by Fiddler’s Creek CDD 1 & 2, after the agenda was published. There are two Community
Development Districts comprising Fiddler’s Creek. Fiddler’s Creek Community Development District No. 1
(CDD#1), was established by Rule adopted by the Florida Governor and Cabinet sitting in their capacity as the
Florida Land and Water Adjudicatory Commission (FLAWAC) and Fiddler’s Creek Community Development
District No. 2 (CDD#2) was established by Ordinance of the Board of County Commissioners. Community
Development Districts are empowered with General Powers under Chapter 190, Florida Statutes, and can
Add On Item 16H1
June 27, 2017
request that the local government agency grant them additional Special Powers. The two Fiddler Creek Districts
have certain Special Powers, but not “The Control and elimination of mosquitos and other arthrop ods of public
health importance” (as authorized by Florida Statute Sec. 190.012 (2)(e)). Ordinarily, in order to grant this
Special Power a resolution would be adopted by the Board of County Commissioners as to CDD#1 and the
CDD#2 Ordinance would need to be amended. The better practice would be for the Districts to make
application for the adoption of a Board of County Commissioners resolution and an amendment to the CDD#2
Ordinance, however, from a time standpoint this is impractical. The position of the Collier County Mosquito
Control District about this request is unknown. With that noted, this item is approved as to form and legality
and requires majority vote. -JAK
RECOMMENDATION: That the Board advertise a Public Hearing, to be heard at the July 11, 2017, Board of
County Commissioners Meeting, to consider adopting a resolution as to CDD#1 and amending the CDD2
Ordinance to include the special power for the CDDs for “The Control and elimination of mosquitos and other
arthropods of public health importance” by contracting with an outside vendor to address additional mosquito
control needs.
In the interim, to authorize the Fiddler’s Creek CDD 1 & 2 short term consent for “The Control and elimination
of mosquitos and other arthropods of public health importance” to procure the services of PowerX to engage in
ground fogging of mosquito larvicide, from June 26, 2017 through September 30, 2017, in order to alleviate the
impact of nuisance mosquitoes.
Prepared by: Commissioner Donna Fiala, District 1
Add On Item 16F5
June 27, 2017
EXECUTIVE SUMMARY
Recommendation to grant short-term consent to engage in additional ground-level spraying to address
the increased mosquito population in the Fiddler’s Creek Community Development Districts 1 and 2
(CDD 1 & 2), to supplement the existing aerial spraying protocol of the Mosquito Control District; and to
advertise and bring back amendments to the CDD ordinances to include the special powers granted in
F.S. 190.012(2)(e), to acquire services to address the increased mosquito population in the community.
OBJECTIVE: For the Board to consider granting short-term consent to the Fiddler’s Creek CDDs that will
allow the CDDs to secure the services of a qualified and licensed contractor, to engage in ground-level fogging
by motor vehicle in the Fiddler’s Creek community to reduce the impacts of mosquitoes in the community.
CONSIDERATIONS: Heavy rains at the end of May and beginning of June have provided increased breeding
environments for mosquitoes. The residents of Fiddler’s Creek have experienced a corresponding increase in the
mosquito population in their community. The location of the Fiddler’s Creek community places it is in close
proximity to Rookery Preserve, and this limits the capabilities of the Collier County Mosquito Control District
to combat the infestation of mosquitoes via aerial spray techniques. The CDD has communicated with the
Collier County Mosquito Control District and the district does not provide truck spaying for an additional fee.
Florida Statute 190.012(2)(e) provides the CDD with the special power to authorize additional resources in order
to control or eliminate mosquitoes and other arthropods of public health importance. Under this provision, and
in order to alleviate the current mosquito nuisance, the Fiddler’s Creek CDD 1 & 2, would like to contract with
PowerX, a qualified and licensed contractor, to engage in a ground spraying campaign, to control the mosquito
population in the community.
PowerX has been in business since 1988, providing services to residences, businesses, and various communities
throughout Florida. Their services have been used by Miami Dade County since 2016 as well as the City of
Indian Creek, numerous HOAs, and private residences. They are certified and insured in the State of Florida to
perform mosquito management services.
PowerX would target mosquito larvae through the ground distribution of larvicide from mobile vehicles. This
activity would supplement the actions of the Collier County Mosquito Control District, and ultimately reduce
the mosquito population by prohibiting the development of eggs to adult mosquitoes. The Fiddler’s Creek CDDs
and PowerX will coordinate and cooperate with the Collier County Mosquito Control District to determine the
frequency and type of spray used to insure full compliance with all label restrictions and applicable regulations.
FISCAL IMPACT: There is no fiscal impact to the County. The Fiddler’s Creek CDD 1 & 2 would pay for the
services of a contractor, as well as the advertising costs associated amending the ordinance.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. This request was
initiated by Phil Brougham, Chairman Fiddler’s Creek Community Development District No. 1, after the agenda
was published. There are two Community Development Districts comprising Fiddler’s Creek. Both Districts
were created by Ordinance of the Board of County Commissioners. Community Development Districts are
empowered with General Powers under Chapter 190, Florida Statutes, and can request that the local government
agency grant them additional Special Powers. The two Fiddler Creek ordinances conferred upon the Districts
certain Special Powers, but not “The Control and elimination of mosquitos and other arthrop ods of public health
importance” (as authorized by Florida Statute Sec. 190.012 (2)(e) which Special Power was not previously
sought by the Districts. In order to grant this Special Power the Ordina nces would need to be amended. The
better practice would be for the Districts to make application for the amendments of the Ordinances, however,
Add On Item 16F5
June 27, 2017
from a time standpoint this is impractical. The position of the Collier County Mosquito Control District about
this request is unknown. With that noted, this item is approved as to form and legality and requires majority
vote. -JAK
RECOMMENDATION: That the Board advertise a Public Hearing, to be heard at the July 11, 2017, Board of
County Commissioners Meeting, to consider amending the CDD Ordinances to include the special power in the
ordinance allowing the CDD to contract with an outside vendor to address additional mosquito control needs.
To authorize the Fiddler’s Creek CDD 1 & 2 short term consent to procure the services of PowerX to engage in
ground fogging of mosquito larvicide, from June 26, 2017 through September 30, 2017, in order to alleviate the
impact of nuisance mosquitoes.
Prepared by: Geoff Willig – Operations Analyst for the County Manager’s Office
Honorable Penny Taylor, Chairman
Board of County Commissioners
Collier County, Florida
3299 Tamiami Trail East, Suite 303
Naples, FL 34112
VIA EMAIL: Pen nyTaylora@colliergov.net
SherryGreco@colliergov.net
RE: Request For Consent To Exercise Additional Power Under Section 190.012(2)(e), F.S.;
Ground Level Mosquito Fogging; Fiddler's Creek
Dear Chairman Taylor:
We are the Chairmen of the two community devekTment districts fof the Fiddler's Creek
community, Fiddler's Creek Community Development District #1 and Fiddler's Creek Community
Development District #2.
As you are well aware, there has been a recent explosion in the mosquito population in
Collier County. As a result, the outdoor conditions at Fiddler's Creek have been unbearable over
the last few weeks. The current situation poses a serious health issue to the residents of and
visitors to Fiddler's Creek. While Fiddler's Creek is aerial sprayed by the Mosquito Control District
on a periodic basis, our proximity to the preserves surrounding Fiddler's Creek are limiting the
extent of the spraying and the effectiveness of such. In order to address this serious issue and
provide interim and short term relief to the taxpayers and residents of Fiddler's Creek while a long
term solution is pursued, it is respectfully requested that the Board of County Commissioners,
pursuant to Section 190.012(2)(e), F.S., provide its consent to both Fiddler's Creek Community
Development District #1 and Fiddler's Creek Community Development District #2, to exercise the
additional power under Section 190.012(2)(e), F.S. relating to the control and elimination of
mosquitoes and other arthropods of public health importance. We have, through our District
Manager, contacted a highly qualified and competent vendor, PowerX, a qualified contractor used
by Miami -Dade County in its efforts to combat mosquitos.
While reserving the right to in the future request the Board's permanent consent, we request
that an interim and short term content be granted under the following conditions:
1. this consent is for the period beginning June 26, 2017 and ending September 30, 2017.
2. control and elimination of mosquitoes will only be by ground level fogging, by motor
vehicle only, by a licensed and qualified contractor, using approved materials.
We and the residents, taxpayers and property owners in Fiddler's Creek would greatly
appreciate your favorable consideration and consent.
Respectfully,
Fiddler's Cr ek Community D elopment District #1
10 n
,JLC
Fid ee Com nity Development District #2
Enclosure
Cc with Encl.: Commissioner Donna Fiala; County Commission; Leo Ochs; (dick Casalanguida
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MIAMI•DAD
January 27, 2017
Ms. Arianne Delatorre
Operation Manager
PowerX
8815 SW 129 Street
Miami, FL 33176
Dear Ms. Delatorre:
Solid Waste Management
2525 NW 62nd Street • Suite 5100
Miami, Florida 33147
T 305-514-6666
111 NW 1 st Street • Suite 1610
Miami, Florida 33128
T 305-514-6666
miamidade.gov
This Is to acknowledge that PowerX began proving mosquito control services to Miami -Dade County in
August of 2016 as a sub -contractor for Ginley Lawn Service and Landscaping under contract number 9743-
0/23.
Thank you for your service to Miami -Dade County.
Sincerely,
Aimee Cabrera, Chief
Intergovernmental and External Affairs
c: Paul Mauriello, Deputy Director, Department of Solid Waste Management
Lee Casey, Division Director, Department of Solid Waste Management
Chalmers Vasquez, Operations Manager, Department of Solid Waste Management
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(las) must have ADDITIONAL INSURED provisions or be endorsed.
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this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
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August 31, 2016
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
To All Managing Agencies for The Board of Trustees
of the Internal Improvement Trust Fund and
Mosquito Control Programs of the State of Florida
Re: Updated Guidelines for Mosquito Control on State Owned Lands
Dear Colleagues:
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Jonathan P. Steverson
Secretary
I am writing on behalf of the State of Florida Department of Environmental Protection (the
"Department"). The Department serves as staff and agent for the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida (the "Board") for the administration of state
owned lands, title to which is vested in the Board. You are also aware that the Department leases
these lands to state agencies for management as state parks, preserves, forests, wildlife
management areas and other conservation and recreation areas. It is the responsibility of the
individual managing agencies to work in conjunction with the local mosquito control programs to
maintain a public lands mosquito control plan for these lands.
In 1987, the Department of Natural Resources (which later became the Department of
Environmental Protection) provided basic guidelines for mosquito control on environmentally
sensitive and biologically highly productive ("ESBHP") lands owned by the Board. Flat fan,
thermal fog technology used for the basis of the 1987 guidelines consisted of high volumes of
mineral oil diluents with active ingredients (typically fenthion) at 21 to 50 ounces/acre.
Today, ultra-low volume (ULV) adulticide applications are used, which produce application rates
from 0.5 to 2.5 ounce/acre. ULV technology produces very small droplets that impinge upon the
flying mosquitoes rather than deposit within the environment, which results both in reducing
environmental risk and a more efficacious control of mosquitoes.
In light of the ongoing public health risk associated with mosquito -borne disease, as well as the
advancements in technology and chemistry over the past three decades, I am writing to inform
each of the Board's managing agencies and the mosquito control programs of an update to the
Department's guidelines for mosquito control on ESBHP lands owned by the Board.
Page 2 of 3
August 31, 2016
The Department recommends the following guidelines for mosquito control on ESBHP lands
owned by the Board.
A. Non-ESBHP Lands. Areas not designated ESBHP can be sprayed in accordance with EPA
label restrictions and Rule 5E-13 of the Florida Administrative Code.
B. State Owned Submerged Land (below mean or ordinary high water). These areas are
not to be sprayed. Current EPA label restrictions already prohibit such spraying on
submerged lands.
C. Aquatic Preserves, Estuarine Research Reserves. These areas are not to be sprayed,
except in upland areas above the mean or ordinary high water mark. Materials must be
applied in accordance with the EPA label restrictions. Adulticide treatment is permitted on
non -submerged lands provided that:
Adulticide is applied according to Rule 5E-13 of the Florida
Administrative Code, and stipulated in the Arthropod Control Plan
accepted by the land managers and the mosquito control program.
ii. The applicator is a Florida Department of Agriculture and Consumer
Services (FDACS) Public Health Pest Control licensee for a mosquito
control program, an entity contracted by a mosquito control program, or
an entity contracted by FDACS or the Florida Department of Health.
iii. Adult mosquito population monitoring must occur within the boundaries
of the treatment area just prior to any treatment.
D. Upland Areas (such as narks, reserves, forests, wildlife management areas,
educational research areas, and recreational lands). Spraying is allowed and materials
must be applied in accordance with the EPA label restrictions. Adulticide treatment is
permitted on non -submerged lands provided that:
Adulticide is applied according to Rule 5E-13 of the Florida
Administrative Code, and stipulated in the Arthropod Control Plan
accepted by the land managers and the mosquito control program.
ii. The applicator is a Florida Department of Agriculture and Consumer
Services (FDACS) Public Health Pest Control licensee for a mosquito
control program, an entity contracted by a mosquito control program, or
an entity contracted by FDACS or the Florida Department of Health.
iii. Adult mosquito population monitoring occurs within the boundaries of the
treatment area just prior to any treatment.
E. Public Health Emergencies. The State Health Officer has the authority to declare that a
threat to public health exists when the Department of Health discovers in the human or
surrogate population the occurrence of an infectious disease that can be transmitted from
mosquitoes or other arthropods to humans. The State Health Officer must immediately
Page 3 of 3
August 31, 2016
notify the Commissioner of Agriculture of the declaration of this threat to public health.
The Commissioner of Agriculture is authorized to issue a mosquito or other arthropod
declaration in those counties needing additional mosquito or other arthropod control
measures based on the State Health Officer's declaration of a threat to the public health.
The Commissioner of Agriculture shall order such ameliorative mosquito or other
arthropod control measures as are necessary to prevent the spread of disease,
notwithstanding contrary provisions of Chapter 388, Florida Statutes, or Rule 5E-13,
Florida Administrative Code.
The Department encourages all managing agencies of Board owned lands and the respective
mosquito control programs to evaluate existing mosquito control plans for Board owned ESBHP
lands considering these updated guidelines.
Sincerely,
.",4 A,&4<
Gary F. Clark
Deputy Secretary
Land and Recreation
GFC/dd/r
cc: State of Florida Department
of Agriculture and Consumer Services,
Division of Agricultural Environmental Services
State of Florida Department of Health
Florida Fish and Wildlife Conservation Commission
State of Florida Department of Environmental Protection,
Division of Recreation and Parks
State of Florida Department of Environmental Protection,
Florida Coastal Office
State of Florida Department of
Agriculture and Consumer Services, Florida Forest Service
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January 27, 2017
Ms. Arlanne Delatorre
Operation Manager
PowerX
8815 SW 129 Street
Miami, FL 33176
Dear Ms. Delatorre:
Solid Waste Management
2525 NW 62nd Street • Suite 5100
Miami, Florida 33147
T 305-314-6666
111 NW 1st Street • Suite 1610
Miami, Florida 33128
T 305-514-6666
miamidade.guv
This is to acknowledge that PowerX began proving mosquito control services to Miami -Dade County in
August of 2016 as a sub -contractor for Ginley lawn Service and Landscaping under contract number 9743-
0/23.
Thank you for your service to Miami -Dade County.
Aime�Sincerely, ''d''///,,////����f//'AA
hief i
Intergovernmental and External Affairs
c: Paul Maurlello, Deputy Director, Department of Solid Waste Management
Lee Casey, Division Director, Department of Solid Waste Management
Chalmers Vasquez, Operations Manager, Department of Solid Waste Management
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THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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BELOW. THIS CERTIFICATE INSURANCEE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
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IMPORTANT: If Me Certificate holder is an ADDITIONAL INSURED, me PIDIft(Iee) must have ADDITIONAL INSURED provislons or be endorsed.
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CPC FINANCIAL SERVICES INC
Pxoxe 305 774-0618 P'� 305 7749620
3835 SW 8 St
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Coral Gables, FL 33134
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AUTX°AMEORIFNamBNrAnVS
CORPORATION. All rights reserved.
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