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Agenda 09/16/2003 ENOTICE OF SPECIAL MEETING OF BOARD OF COUNTY COMMISSIONERS TO CONSIDER FUNDING MOSQUITO CONTROL SERVICES IN EASTERN GOLDEN GATE ESTATES AND IMMOKALEE Notice is hereby given that the Board of County Commissioners of Collier County will hold a special meeting on TUESDAY, SEPTEMBER 16, 2003, at 8:00 A.M. in the Boardroom, 3rd Floor of the W. Harmon Tumer Building (Administration Building F), Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board's Agenda will include: Consideration of funding for Mosquito Control services for Eastern Golden Gate Estates and Immokalee. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the special meeting. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the Chairman. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112 (239) 774-8380. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, CHAIRMAN Dwight E. Brock, CLERK by: /s/ Maureen Kenyon, DEPUTY CLERK (SEAL) EXECUTIVE SUMMARY DECLARE A MEDICAL ALERT EMERGENCY CONSISTENT WITH THE DEPARTMENT OF HEALTH RECOMMENDATION AND AUTHORIZE STAFF TO NEGOTIATE AN AGREEMENT WITH THE COLLIER MOSQUITO CONTROL DISTRICT TO SPRAY IN GOLDEN GATE ESTATES AND IMMOKALEE. OBJECTIVE: Collier County. To provide for the health, safety and welfare of all citizens in CONSIDERATION: The Board previously denied a request to set aside additional funds to pay for spraying outside of the Collier Mosquito Control District (CMCD) citing the fact that the District boundaries should have been expanded on a more aggressive scale. Following this denial, staff attended the CMCD meeting later that afternoon. While the CMCD Board previously directed its staff to spray outside of the District, further review by the Board's attorney indicated that the District is not legally authorized to spray outside of the boundaries unless an agreement is negotiated for reimbursement; in this case, the Board of County Commissioners or the Department of Agriculture directs the District to spray. Recognizing these parameters, the CMCD could not legally spray this past weekend in Immokalee thus precipitating the emergency meeting. A copy of the Statute is enclosed for the Board's review. Presently, Dr. Colfer has submitted her request to the Department of Agriculture to mandate that the Mosquito Control District spray; however, at the time of this drafting, a response has not been received. If the Department of Agriculture mandates spraying, then it becomes unclear as to which entity pays. Absent this direction, the Board of County Commissioners has two options: 1) 2) Determine that spraying is not necessary outside of the District. Request that the CMCD spray the two additional areas and negotiate the terms of reimbursement. The Statute does not clarify that "reimbursement" must be 100%; therefore, a negotiated settlement may occur. In this respect, the, CMCD has requested a workshop with the County Commission to discuss these matters. The Board previously approved funding up to $20,000 in case an outbreak of West Nile cases in Collier County occurred due to the amount of rainfall to date. Over the past two years, the Board has utilized general funds to pay for short-term spraying of areas outside of the Collier Mosquito Control District, specifically the Golden Gate Estates and Immokalee community. These sprayings typically occurred in September and only had to occur once or twice. This year, however, a human West Nile case was identified in July, which has precipitated the need to spray earlier in the season. Coupled with the continued rainfall in the community, additional funds are needed to spray for the remainder of the fiscal year. It is estimated that this cost will be $163,900 in total. To date, approximately an additional $51,000 has been invoiced to the County. The initial sprayings have reduced the number of bites in the communities by approximately 85%. Enclosed is a report from the Mosquito Control District as well as a DATE: TO: FROM: SUBJECT: COLLIER COUNTY HEALTH DEPARTMENT INTEROFFICE MEMORANDUM August 12, 2003 John Dunnuck Joan M. Colfer, MD, MPH Mosquito Control Costs for Additional Spraying ~llier County Heard1 Department Attached is a letter from Dr. Van Essen of Collier County's Mosquito Control District. In it he lays out a plan to continue spraying Immokalee and the Golden Gate Estates area. I asked that he also give the Board some idea of the cost for this effort. You indicated at a meeting we had on Fdday that they should go ahead with planned spraying for these two areas this week. I have communicated that to them. The question now is will the Board be able to fund CMCD to continue spraying these areas for the remainder of the season? I do believe they are giving us a worst case scenario for the costs and hopefully it will be somewhat less. However, I am recommending that we continue to spray these areas in an effort to avoid future cases of West Nile or other arboviral illnesses in Collier County. In addition, my Health Education staff is offedng to every Kiwanis, Rotary, Civic and Community Association in the County an educational presentation on West Nile Virus. Please let me know what assistance I can provide in seeking the additional funding needed for mosquito spraying in these areas. - 2003 Collier Mosquito Control Dist~ct 600 North Road Naples, Florida 34104-3464 COMMISSIONERS: John F. Johnson, Chairman Robert D. Geroy. Secretary Donald I~ Page, Treasurer Robert A. Boyer Jeanne E. Brooker DIRECTOR: Frank W. Van Essen, Ph.D. Dr. Joan Colfer, MD Collier County Health Department P.O. Box 429 Naples, FL 34106-0429 Dear Dr. Colfer: As you are aware the Collier Mosquito Control District (CMCD) responded to the issuance of a Medical Alert for West Nile virus by instituting control measures over the entire area covered by the CMCD. At your request, and with the concurrence of the CMCD Board of Commissioners and the Collier County Board of Commissioners, the CMCD also instituted control operations in Immokalee (8/2 and 8/6) and the eastern Golden Gate Estates (EGGE) (8/3) areas. These efforts were directed at reducing the number of potentially infective mosquitoes in the treatment areas in order to decrease the potential for transmission of West Nile virus to humans. Because of the urgency of applying these control measures, only a minimal mosquito surveillance system was in place at the time of the applications outside of the District. Only one of our regular surveillance traps was operating in the EGGE. This trap collected 120 Culex nigripalpus the night before the application and only 20 the following night. This indicates a control level of at least 83% for the vector species. A CDC style trap was operated at the intersection of Golden Gate Blvd. and Everglades Blvd. for two nights. This trap indicated a reduction of at least 66% in the vector species. Another CDC trap placed at Everglades Blvd. and Oil Well Rd. did not collect any vector species pre-treatment, but indicated a reduction of 92% in other mosquitoes post-treatment. A total often sites in the EGGE were also sampled by landing rate counts. These counts indicated a reduction of 85% in landing rates. No good information is available for the Immokalee area for the application made on 8/2. However, a second application was made on 8/6 due to a GPS problem during the application on 8/2. For this application landing counts were made in the target area. Pre and post-ap-,lication landing counts were performed in the 8/6 treatment area. These counts indicated a reduction in biting of 82%. The only surveillance trap located in the treatment area indicated a reduction of 87% in the vector species. Based on the results of these applications we feel that our control efforts were effective in reducing the risk of West Nile virus transmission to residents of the District and those in. ~ Immokalee and the EGGE. Administration: 239-436-1000 · 239-436-100§ (fax) Hangar: 239-436-1008 · 239.436-I007 (fax) www. collier.mosquito, org - 9 2OO3 However, the risk of West Nile virus transmission still exists and further control measures are warranted. In an effort to break the transmission cycle by reducing the number of potentially infected mosquitoes before they can become infective, we need to make further control applications to the populated areas. These applications should be made, ideally, 10 to 14 days apart. The second round of preventive applications has been made to the area encompassed by the District. To remain on the 10 to 14 day cycle, Immokalee and the ECjGE should be treated between 8/13 and 8/15. We feel that these areas should be treated due to the continuing presence of the vector mosquito and positive sentinel chickens in or near the target areas. In Immokalee, five surveillance traps have been installed and are operating. Collections from these traps indicate the continued presence of the vector species. Nightly collection averages for 8/7 through 8/11 are 47, 36, 54, 66, and 82. These collections indicate an increasing population of the vector species and the need for continued control applications. In the EGGE area two additional surveillance traps have been installed, for a total of three traps in this area. Nightly collection averages for these traps for 8/9 through 8/11 are 18, 22, and 19. These collections also indicate the continued presence of the vector. The projected cost per application to provide protection to both Immokalee and the EGGE is approximately $25,000. This amount will vary slightly depending on application conditions at the time of each application. While there is no way to predict mosquito populations, or the threat posed by West Nile virus for the rest of this year, and there is no history for WN virus on which to base predictions, West Nile virus is similar to SLE and there is a history for SLE. Traditionally, SLE has been active through October or November. Assuming this to be the case with West Nile virus, it is conceivable that an additional eight rounds of treatment would be required this year. The CMCD will be responsible for any costs incurred in treating Immokalee after 10/1 when it becomes part of the District. Between now and 10/1, however, costs for the estimated five applications to Immokalee ($57,500) need to be borne by the county. For the EGGE area, all of an estimated eight applications ($106,400) will have to be borne by the county. The application numbers noted above are estimates based on limited information. As the mosquito season progresses, current data will be reviewed and applications scheduled only when deemed necessary. The CMCD will consult with you prior to scheduling any applications to ensure that such applications are still deemed necessary. I hope that this information will be of assistance to you in determining whether to request further applications in the Immokalee and EGGE areas. Sincerely, Frank W. Van Essen, Ph.D. SE? - g 2003 F.S. 1997 F.S. 1997 MOSQUITO CONTROL Ch. 38n lent no longer needed by a 3e offered to any or all other ed in arthropod control at a ~ard of commissioners own- ~cceptable offer is received ~, the equipment shall be ,ernmental units or private ided in s. 274.05. cedure for disposal of sur- rd in s. 274.06, shall be f01- ~ined no other county, dis- )rivate nonprofit agency has e sale of any real or tangible y the county or district shall ty's or district's state fund specifically designated by ch. 69-106; s. 167, ch. 77-147; s. 12, ch. Jnties and districts carrying ol of mosquitoes and other ~xpenditure of state funds books and records under a uditor General and be sub. 3-236; s. 8, ch. 69-82. ~enditures and accomplish- district participating under er shall within 30 days after ubmit to the department a ~ding month of expenditures control, and such reports o! ents as may be required by 3-236; ss, 19, 35, ch. 69-106; s. 168, ch, quipment, personnel, and 'gency.--The department, )r district and obtaining its transfer equipment, materi. r~e district to another in the ught about by an arthropod- easter requiring emergency 3-236; ss. 19, 35, ch. 69-106; s. 169, ch. ~tration.-- 1 rules adopted and promul- Jministered and enforced by ~11 adopt rules to implement er. Such rules shall provide demonstrable increase or J population levels is deter. ic health or nuisance pmb- aerial spraying on private ,um products, or other sub- arthropods which minimize lhe deposition onto and the potential for substantial adverse effects to environmentally sensitive and biologically highly productive public lands caused by such airborne substances. In the promulgation of such rules, the department shall consider the recommenda- tions of the Florida Coordinating Council on Mosquito Control. ' (c) Requirements that all arthropod control pesti- cides, including adulticides and larvicides, be used only in accordance with the registered label and labeling or be otherwise accepted by the United States Environ- mental Protection Agency or the department. (d) Protection of the health, safety, and welfare of arthropod control employees, the general public, and the natural resources of this state in conformity with the provisions of this chapter. (3) The department is authorized to adopt rules which are more detailed or stringent than, but not other- wise inconsistent with, the label requirements of the United States Environmental Protection Agency. (4) The department shall adopt rules which estab- lish cdteria for the licensure or certification of all private and public arthropod control applicators and program directors and require recordkeeping and reporting of applicator activities in furtherance of the goal of integra- ted arthropod control. No licensure or certification shall be required of private applicators controlling arthropods upon their own individual residential or agricultural property. (5) In order to carry out the provisions of this chap- ter, the department's duly authorized arthropod control operation inspectors may enter upon any licensee's premises or any location where the licensee keeps or stores records or equipment, at reasonable times, in order to have access for the purpose of inspecting rec- ords or any equipment, to inspect lands actually or reported to be exposed to arthropod control pesticides applied by the licensee, to inspect licensee storage or disposal areas, to inspect or investigate complaints against licensees of injury to humans or land resulting lr0m arthropod control pesticides applied by the licensee, or to sample arthropod control pesticides being applied or to be applied by the licensee. (6) The department shall have the authority to cooperate with federal and state agencies and to enter inl0 such cooperative agreements or commitments as ~he department may determine necessary to carry out and enforce the provisions of this chapter. Hlst~,ry.--s. 2, ch. 59-195; s. 1, ch, 63-236; ss. 19, 35, ch. 69-106; s. 170, ch. 77.147; s. 12, ch. 86-203; s. 15, ch. 92-203. (2) The department may deny, suspend, or revoke any license or certification, or the disbursal of state aid, in accordance with the provisions of chapter 120, upon any one or more of the following grounds as may be applicable: (a) Violation of any rule of the department or provi- sion of this chapter. (b) Violation of FIFRA or any relevant EPA rule or regulation pertaining to the use of arthropod control pesticides by the licensee. (c) Failure to give the department, or any author- ized representative thereof, true information upon request regarding methods and materials used, work performed, or other information essential to the admin- istration of this chapter. (3) The department may, if it finds a violation is of such nature or circumstances that denial, revocation, or suspension of a certification or license or disbursal of state aid would be detrimental to the public or be unnecessarily harsh under the circumstances, in its discretion, place the offending party on probation for a period of not more than 2 years. If the department determines that the terms of such probation have been violated, it may reinstitute license or certification or state aid denial, suspension, or revocation proceed- ings. (4) The department, pursuant to chapter 120, in addition to or in lieu of any other remedy provided by state or local law, may impose an administrative fine not exceeding $500, or less than $25, for each violation of any of the provisions of this chapter. Each day that a violation continues shall constitute a separate viola- tion. All amounts collected pursuant to this section shall be deposited in the department's Aid to Local Govern- ments Arthropod Control Program to be used for arthro- pod control research. (5) In determining the amount of any penalty authorized by this section, the following factors shall be considered: (a) The severity of the violation, including the prob- ability that death or serious harm to the health or safety of any person or the environment will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of this chapter were violated. (b) Actions taken by the licensee or certified opera- tor in charge to correct the violation or to mitigate actual or potential harm. (c) Any previous violations of this chapter. (6) The department shall publish quarterly a list of disciplinary actions taken pursuant to this chapter and ~18)8'3.,-TM_ _,_Enf°~rcem.e.nt'-- ..... shall provide such a list to each licensee. t J H~e uepar[men[ IS empowereo to enlorce mis , Hi=tory..-s. 13. ch 86-203; s. 16. ch. 92-203. chapter or its rules by commencing and maintaining all proper and necessary actions and proceedings, inc ud-'"'~ 388.381 Cooperation by counties and district.~ lng, but not limited to, application for injunction to the Any county or district carrying on an arthropod control proper circuit court to grant a temporary or permanent program may cooperate with another county, district, or injunction, or both, restraining any person from violet- municipality in carrying out a program for the control of ing or continuing to violate any of the provisions of this mosquitoes and other arthropods, by agreement as to chapter or from failing or refusing to comply with the the program and reimbursement thereof, when requirements of this chapter or the rules promulgated approved by the department. thereunder. Hlstory.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19. 35, ch. 69-106; s. 171, ch. 77-147; s. 17, ch. 92-203. 1831 FoS. 1997 ;hall propose a recommended an. If the land management thropod control agency fail t0 nded public lands control plan endering of such plan, either Land and Water Adjudicatory ~e whether the proposed con. is which are the minimum nec- ly feasible to abate a public ,~m and which impose the least ~d other natural resoumes pro- ~ch areas. Unless both parties · lng, the Land and Water Adju- ~all direct a hearing officer to jurisdiction of the local arthro- ;uant to the provisions of ss. submit a recommended order. /ithin 60 days of receipt of the sue a final order adopting a plan. Consistent with s. ;sion may adopt or modify the The commission shall adopt 3peals before the commission. )Itc lands control plan provides ontrol agency shall perform no ~signated pamels of publicly ~ local arthropod control agen- ,'al arthropod control agency relieved of responsibility for parcel for the effective period ids control plan. ids control plan pertaining to )ard of Trustees of the Internal I as environmentally sensitive ~ductive is adopted, arthropod conducted on such lands only )ard of Trustees of the Internal I. ', ch. 91-221; s. 18, ch. 92-203; s. 119, ~. lulrennan, Sr., Arthropod ~lulrennan, Sr., Arthropod :ated in Panama City shall be der the administration of Fior- ~anical University. The labora- ic and applied research to ~tions, application techniques, icides and biological control arthropods and, in particular, Itc health or nuisance impor- shall be given to the needs of 3, counties, and municipalities information, assistance, and ; safe and effective control of ~ health or nuisance problem. ~'onduct environmental impacl ~ effects of arthropod control ~.ial emphasis on integrated quarter, the laboratory shall with such information as the ;sist it in the performance of F.$. 1997 MOSQUITO CONTROL Ch. 38~t duties with respect to arthropod control under this chapter. The laboratory shall also serve as a center for the training of students and state and local government personnel in the safe and effective control of biting arihmpods that create a public health or nuisance prob- lem. (2) Any funds which may become available from Ihe Federal Government, from any district or county, Imm funds appropriated to local arthropod control agencies by the state, or from any other soumes may be used according to law in constructing, equipping, and operating the laboratory. History.--ss. 1, 2, ch. 63-443; ss. 19, 35, ch. 69-106; s. 173, ch. 77-173; s, 15, ~. 88-203; s. 5, ch. 90-90; s. 19, ch. 92-203. 388.43 Florida Medical Entomology Laboratory.-- (1) The Florida Medical Entomology Laboratory, located in Vero Beach, shall be a reseamh and training center for the state under the supervision of the Board 0t Regents. The laboratory shall be an operational unit 0t the University of Florida and an integral part of the institute of Food and Agricultural Sciences. (2) The Florida Medical Entomology Laboratory shall perform basic and applied reseamh in the biology and control of biting insects and other arthropods of importance as transmitters of disease or as pest annoy- ances, with special attention to the needs of the various mosquito control organizations, districts, counties, and municipalities of the state. Each quarter, the laboratory shall provide the department with such information as Ihe department shall require to assist it in the perform- ance of its duties with respect to mosquito control under this chapter. The laboratory shall also serve as a center 10r the training of students and personnel in the ento- mological aspects of public health, veterinary science, sanitation, mosquito control, drainage and irrigation design, wetlands management, and other areas of ser- vice requiring knowledge of medical entomology. Research and training may extend to international pro- grams of the university under appropriate contract and grant arrangements with internationa foreign, and fed- eral agencies. !l ~l/~_~.---s. 1, ch. 79-283; s. 242, ch. Sl-259; ,. 20, ch. 92-203. 388.45 Threat to public health; emergency decla- rations.--The State Health Off cer has the authority to declare that a threat to public hea th exists when the Department of Health discovers in the human or surro- gate population the occurrence of an infectious disease lhat can be transmitted from arthropods to humans. The State Health Officer must immediately notify the Commissioner of Agriculture of the declaration of this threat to public health. The Commissioner of Agricul- lure is authorized to issue an emergency declaration based on the State Health Officer's declaration of a threat to the public health or based on other threats to animal health. Each declaration must contain the geo- graphical boundaries and the duration of the declara- li0n. The State Health Officer shall order such human · edical preventive treatment and the Commissioner of Agriculture shall order such ameliorative arthropod control measures as are necessary to prevent the spread of disease, notwithstanding contrary provisions 0Ilhis chapter or the rules adopted under this chapter. Within 24 hours after a declaration of a threat to the public health, the State Health Officer must also notify the agency heads of the Department of Environmental Protection and the Game and Fresh Water Fish Com- mission of the declaration. Within 24 hours after an emergency declaration based on the public health dec- laration or based on other threats to animal health, the Commissioner of Agriculture must notify the agency heads of the Department of Environmental Protection and the Game and Fresh Water Fish Commission of the declaration. Within 24 hours after an emergency declaration based on other threats to animal health, the Commissioner of Agriculture must also notify the agency head of the Department of Health of the decla- ration. Hlltory.--s. 16, ch. 86-203; s. 21, ch. 92-203; s. 354, ch. 94-356; s. 85, ch. 97-101. 388.46 Florida Coordinating Council on Mosquito Control; establishment; membership; organization; responsibilities.~ (1) ESTABLISHMENT OF COUNCIL; LEGISLA- TIVE INTENT.~It is declared to be in the best interest of the state that public agencies responsible for and involved in arthropod control activities work together to reduce duplication of effort, foster maximum efficient use of existing resoumes, advise and assist the agen- cies involved in arthropod control in implementing best management practices and best available technology in controlling arthropods, develop outside funding soumes and establish priorities for research into the environmental effects of arthropod control, and enhance communication between all interests involved in arthropod control activities. It is therefore the intent of the Legislature to establish the Florida Coordinating Council on Mosquito Control within the department. The Florida Coordinating Council on Mosquito Control shall be an advisory body, as defined in ~s. 11.611(3)(a). (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.-- (a) Membership.~The Florida Coordinating Coun- cil on Mosquito Control shall be comprised of the fol- lowing representatives or their authorized designees: 1. The Secretary of Environmental Protection and the Secretary of Health; 2. The executive director of the Game and Fresh Water Fish Commission; 3. The state epidemiologist; 4. The Commissioner of Agriculture; and 5. Representatives from: a. The University of Florida, Institute of Food and Agricultural Sciences, Florida Medical Entomological Research Laboratory; b. Florida Agricultural and Mechanical University; c. The United States Environmental Protection Agency; d. The United States Department of Agriculture, Insects Affecting Man Laboratory; e. The United States Fish and Wildlife Service; f. Two mosquito control directors to be nominated by the Florida Mosquito Control Association, two repre- sentatives of Florida environmental groups, and two 1833 letter fi.om Dr. Colfer, Health Department Director. While it was hoped that the State would financially help the County in this endeavor, staff was recently informed that Collier County was denied because: 1) there is a District in place; 2) the State felt there were other funds available at the local level. In essence, the State is holding funds for those Counties who do not have mosquito control and have maximized its millage. Finally, while it is not directly related to this specific issue, it is important to note that the Collier Mosquito Control District directed staff to survey the Golden Gate Estates District this Fall so it may be scheduled for expansion beginning October 2004, as originally approved by the Board last Spring. This will only leave next summer in question for the Estates only should this issue arise again. GROWTH MANAGEMENT: The Board has an obligation under the Comprehensive plan to provide for the health, safety, and welfare of its citizens. FISCAL IMPACT: Funds in the amount of $163,900 are available in the general fund reserves. PREPARED BY: RECOMMENDATION: That the Board of County Commissioners approve a budget amendment up to $163,900 to spray for mosquitos within the Immokalee and Golden Gate Estates District outside the current CMCD boundaries, and that the Board direct staff to negotiate with the District to share the burden of these costs. 5~ ~,/~t ~_--~_ DATE: ~)//~-'"/O.O~ Jj~/h~a Dunnuck, Xdmiifistrator Division of Public Services