FLORIDA KEYS MOSQUITO CONTROL DISTRICT
REGULAR BOARD MEETING FEBRUARY 21, 2012
MARATHON, FLORIDA
The Board of Commissioners of the Florida Keys Mosquito Control District held a Regular Board
Meeting on Tuesday, February 21, 2012 at 5:00 P.M. in their Marathon Headquarters, Marathon, Florida.
PRESENT WERE: Jack Bridges, Chairman; Bill Shaw, Vice-Chairman; Phil Goodman, Secretary-
Treasurer; Joan Lord-Papy, Commissioner, Steve Smith, Commissioner; Michael Doyle, Executive
Director; Dirk Smits, Attorney; Brittany Nugent, Attorney.
EMPLOYEES PRESENT: Andrea Leal, Deputy Director; William Southcott, Comptroller; Juliana
Waldrop, Executive Assistant; Rochele Miller, Staff Assistant; Steve Bradshaw, Supervisor of Aerial
Operations.
GUESTS PRESENT: Howard Hubbard, Stephen Hammond, Jill Cranney–Gage and Michael Welber.
APPROVAL OF AGENDA: A motion was made by Commissioner Lord-Papy and seconded by
Commissioner Shaw to approve the Agenda except for one change of adding in an approval of the
Minutes of the Workshop held December 9, 2011. The motion carried unanimously.
APPROVAL OF THE JANUARY 23, 2012 MINUTES: A motion was made by Commissioner Lord-
Papy and seconded by Commissioner Shaw to approve the Minutes of January 23, 2012 Regular Board meeting as presented. The motion carried unanimously.
APPROVAL OF THE DECEMBER 9, 2011 MINUTES: A motion was made by Commissioner Lord-
Papy and seconded by Commissioner Shaw to approve the Minutes for the December 9, 2011 Workshop as presented. The motion carried unanimously.
CLOSED SESSION: Chairman to announce t he discussion we are about to have has to be defined to settlement discussions and litigation expenditures involving the cases of Florida Keys Mosquito Control
District versus D.L. Porter and George Murphy versus Florida Keys Mosquito Control District. We are proceeding under Chapter 286.011, subsection 8 of Florida Statutes. During this time everything that is said will be taken down by a court reporter and the transcript will be made part of a public record at the conclusion of all litigation. It is our attorney’s desire to call this session because he needs the advice. All individuals who are not the Director, a board member or attorney will need to leave. At this time without objection, we will recess the regular meeting of this board and we will proceed to the closed sessions. The closed meeting began with no objections.
ATTORNEY’S REPORT:
Attorney Brittany Nugent stated that she has created a Memo of
Understanding for the TavernAero Airport Park and has sent it to Mimi Flovack. They will try to respond with some numbers in about two months.
DIRECTOR’S REPORT:
VECTOBAC WDG TREATMENT: Director Doyle stated that our first Vectobac WDG treatment of the season was done on Friday, February 10 th over Key West. There was a complaint from a teacher
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regarding the abatement drifting over the school grounds. Director Doyle reported the following resolutions:
Director Doyle has offered to meet with the teacher several times; a meeting date has not been set.
Coleen Fitzsimmons has contacted the school principals to offer more information regarding spray missions. One person responded stating more information was not necessary.
All schools will be notified by email of future operations.
Director Doyle gave a brief background on the Vectobac WDG and its effectiveness and stated that we are now using the automatic on/off computer on the helicopter missions.
AUTO FILLING HELICOPTERS: Director Doyle stated that we should have a product that will be operational by May or June to use for heavy larviciding.
HELICOPTER AUTO SPRAY: Director Doyle reported that Andrea Leal is working with field staff to map larval sites. This will allow us to treat smaller areas.
MODIFIED MOSQUITOES: We have not changed the timeline because we are still waiting on federal approval. The Board suggested announcing that we are going to move forward with the project. Attorney Dirk
Smits stated that sovereign immunity supports the Florida Keys Mosquito Control District moving forward without permits. There was a brief discussion regarding the Aedes aegypti species, the potential of future outbreaks and the need for a new species specific method to eradicate them.
Marathon resident, Michael Welber stated his concern about the possibility of building resistance, citing a case concerning a Round Up ready plant which after a number of years demonstrated resistance to the herbicide, increasing farming expenses. He also stated that a friend was involved with a similar program in Africa and the project failed due to the lab raised sterile not being able to compete with the wild males.
He cautioned, Oxitec should be paying Florida Keys Mosquito Control for allowing them to come here and do this experiment and the fact that the experiment will not be regulated is a problem.
Director Doyle responded that Oxitec is providing a full time staff person at no cost to Florida Keys
Mosquito Control, to prove that it works. Florida Keys Mosquito Control will incur some setup costs.
What is good about this type of process is that it is different than similar techniques because the gene that is introduced is self limiting so it is designed to disappear after a few generations.
Commissioner Smith responded that the Genetically Modified Mosquito is a tool. In recent years we are finding pesticide resistance in the Aedes aegypti mosquito. There are no new chemicals coming out, we are limited to a small handful of regulated mosquito control pesticides. It is good that we are looking for new methods of control.
Commissioner Bridges asked Director Doyle if there was any environmental harm when the lab raised male mosquitoes could not compete with the wild male mosquitoes. Director Doyle responded, not that I am aware of. The short term treatment has been liquid larvciding.
Chairman Bridges asked Attorney Smits if there would be any liability such as fines or penalties if we were to proceed without federal approval. Attorney Smits responded that as a government agency this should fall under Sovereign Immunity. Chairman Bridges stated Director Doyle is the expert not himself or the board and it is his feeling that if Director Doyle and his staff feel that this is scientifically valid, and the benefit out ways the risks then he would encourage him to move forward. Commissioner Goodman
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concurred stating it looks like the risk, reward is in our favor especially when you look at the alternative of infectious disease plus spraying pesticides. This could reduce the amount of pesticides we use and he sees a lot of favorable aspects to the Genetically Modified Male Mosquito Program.
FIELD OPERATIONS: Director Doyle stated Key West Domestic Inspectors are cross training with field personnel to learn their breeding areas in the Island of Key West so they are able to check the sites if someone is out rather than bring someone in from up the Keys.
UNIVERSITY OF FLORIDA STUDY: The University of Florida is looking to do a Serosurvey; March in Key West in front of grocery stores to see what portion of the population has had Dengue at any time in their lives. This will help determine how seriously another type of Dengue can be introduced into the community. If the percent is high, we have a much higher probability of a serious intensive care type case of Dengue.
Commissioner Smith suggested incorporating a Lodging, Chamber and Business Guild Luncheons which each brings in about a hundred local people that might not be intercepted at a grocery store. He also suggested looking to see if the blood bank would be willing to work with us.
STAFF ITEMS FOR BOARD REVIEW AND ACTION:
VEHICLE TAKE HOME POLICY: Director Doyle stated that there are two vehicles, the Director’s and Deputy Director’s that currently do not have Mosquito Control decals. He brought up the option of amending the current policy or placing decals on the vehicles. Commissioner Shaw stated that before the board meeting he gave Director Doyle and Andrea Leal decals that the mechanics use on their tools boxes with the Mosquito Control logos on them and these would be fine for the Director and Deputy Director’s vehicles. It was agreed upon that the small decal will be sufficient.
RESOLUTION NO. 2012-02 and RESOLUTION NO. 2012-03: William Southcott, Comptroller stated that these items are regularly approved with a change of officers.
A motion was made by Commissioner Lord-Papy and seconded by Commissioner Shaw to approve
Resolution 2012-02 and Resolution 2012-03. After a roll call vote, the motion carried unanimously.
REVISIONS TO PERSONNEL MANUAL: Chairman Bridges asked if there is a motion to incorporate the changes discussed in the workshop for the Personnel Manual.
A motion was made by Commissioner Lord-Papy and seconded by Commissioner Shaw to accept the changes made in the February 21, 2012, Personnel Manual Workshop. After a roll call vote the motion carried unanimously.
BELL HELICOPTER TEXTRON AS SOLE SOURCE PROVIDER FOR MODEL 206L ROTOR
BLADE PURCHASE: Commissioner Shaw stated our Bell Helicopter had a Rotor that was starting to come apart and due to a recent recall they would like to place the order now to be on the waiting list so that a helicopter will not have to be grounded. Commissioner Goodman asked if there would be a discount due to being significantly under the time period our helicopter would have been able to use the current Rotor Blade. Steve Bradshaw replied that the situation is fluid at this time. Bell Helicopter has not given any prices as of yet but he would expect a significant discount from the listed price. He also stated the time was a factor and that currently we are looking at not receiving this order until January 2014.
A motion was made by Commissioner Lord-Papy and seconded by Commissioner Shaw to approve a
Purchase Order for a new Rotor Blade. After a roll call vote the motion carried unanimously.
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A CTUARY PROPOSAL FOR REVISED OPEB EVALUATION REPORTS: William Southcott,
Comptroller stated he has been working with our actuary and auditor on the issue surrounding the previously prepared actuary report and the original OPEB evaluation from the third party administrator.
The original OPEB evaluation that was given to the board states a present value of future benefits at
$24,000,000.00, using the information from our third party administrator as it should have been used plus the change of assumptions, the actual evaluation has been reduced to $3,700,000.00.
Commissioner Goodman asked if there was any way we could get some of our money back from the third party administrator that made the original error. William Southcott replied that we would have paid the actuary fee anyway.
A motion was made by Commissioner Smith and seconded by Commissioner Lord-Papy to approve engaging Albert and Associates. After a roll call vote, the motion carried unanimously.
RESOLUTION NO. 2012-01: Chairman Bridges stated, when following the current voting procedure the chairman always votes last creating a disadvantage due to the decision having already been decided before it gets to the chairperson. He thinks that everyone’s vote should be relevant as often as possible; each constituent has the right to know how our commissioners feel as often as possible. The resolution states that the chairperson will no longer be voting last, that the voting will be conducted in a random order. Chairman Bridges suggested that this would be left in the discretion of the clerk if a random order can be found or vote alphabetically and place the first name at the bottom of the list the next time. This resolution would not apply to such things as non-substance votes, approval of the minutes, approval of the agenda and other similar items.
Commissioner Shaw stated that every elected body, the Mayor, Chairman or the Head of the Senate votes last. The elected Chairman is the person casting the deciding vote in a tie breaker and he believes that no board member would vote any different no matter what order, the resolution was unnecessary.
Commissioner Goodman asked what other boards do. Chairman Bridges responded they do as
Commissioner Shaw stated.
Commissioner Smith stated that his votes have been popular and unpopular over the past years but he always takes into consideration what is best for his constiguents and the tax payers. He would never change his vote due to how another commissioner voted. He has no problem with rotating the order, therefore he moved to approve the resolution item
Commissioner Lord-Papy concurred with Commissioner Smith.
A motion was made by Commissioner Smith and seconded by Commissioner Lord-Papy to approve
Resolution No. 2012-01. After a roll call vote, the motion carried unanimously.
PRIORITIZATION OF THE COMPILATION AND CONTINUOUS UPDATING OF A POLICY
MANUAL: Commissioner Goodman stated that this item was placed in the Strategic Plan and should have been completed last quarter. He realizes the Personnel Manual had to be completed, but did not want this item to be forgotten.
Director Doyle stated this would take a few months to complete, over the past years there have been different methods with no consistency. This requires us to bring everything together because we are continuously finding resolutions and policies.
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Andrea Leal, Deputy Director stated that we have minutes stored since 1958 and we will have to go back and read each of them for this to be done correctly. A book will be created from any board decision.
Commissioner Lord-Papy stated that back in the 50’s Attorney Hugh Papy set up and had the Mosquito
Control District approve. He always told her that commissioners only had the authority to hire and fire, control the budget and they did not get involved in everyday policies. She has practiced this since she has been a commissioner.
Commissioner Shaw stated that the way he understood it, the minutes were being scanned in as PDF files so they can be searched by putting in a word or sentence and search for that item. He asked if we can do the same with the resolutions. Andrea Leal responded that we are missing a lot of resolutions.
Director Doyle stated that he is concerned that about making a policy that may contradict a past decision of the board, under the current conditions it is very possible. There are many different forms for decisions some have been verified by the board and are definable, others are internal policies and it is unclear of the board’s opinion or rules on them.
Commissioner Goodman stated that we need to get a good system in place. What is a reasonable time that this should be completed?
Director Doyle suggested setting upa timeline with completion dates, but he is having trouble finding qualified staff with the open time to complete this project.
Commissioner Smith suggested burning DVD’s and giving them to the commissioners to review. This would also give them the tools to search for items themselves.
Director Doyle stated by the end of the week he should have a reasonable timeline.
DISTRICT FINANCES: A motion was made by Commissioner Lord-Papy and seconded by
Commissioner Shaw to approve the following:
Budget Analysis through November 2011
District Finances through the date of the meeting.
Cash Disbursements approved for payment, subject to the verification of the Secretary-Treasurer, as well as Commissioner’s expenses to the next board meeting.
After a roll call vote, the motion carried unanimously.
FOR THE GOOD OR THE ORDER: Commissioner Shaw reported that Jim Zdan, Steve Bradshaw,
Amy Sargent and himself attended the Helicopter Association International meeting. Amy attended safety classes on flying and over the years she has attended many classes and on some occasions brought instructors here to teach other staff and pilots. They attended the Aerial Applications Committee which is a committee that studies and regulates anybody that sprays chemicals out of helicopters worldwide. He is post chairman of this committee and is proud to announce that Steve Smith is the new Secretary of the committee. He also spoke to many of the insurance suppliers, trying to save money in that area. They attended a public aircraft meeting and found there are several ways you can fly an airplane and there is a move by the FAA to start regulating public aircraft contractors, so if we hire a pilot, the FAA is vying to regulate that person while currently our insurance regulates our pilots. Commissioner Shaw has volunteered to be on this committee to try and stop this regulation. They are working on a SMS (Safety
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Management Manual) with the Aerial Application Committee. The FAA will soon be requiring this from everyone but more importantly the better the Safety Management Operation we have, the cheaper our insurance is. This involves writing down everything you are going to do, about every problem you could have and placing it in a Safety Management Manual. This manual is given to all employees involved with aircrafts and they are trained about the manual. He supplied the Commissioners and Director a disk about
Safety Management Systems. He also found that there are a lot of people that have aftermarket parts that are approved and can be bought cheaper than Bell Helicopter parts.
Commissioner Bridges reported that during the next OPEB meeting, they would like them to present different scenarios to discuss with the board. He proposed a workshop prior to the next meeting. An
OPEB Workshop was scheduled prior to the next Board meeting with no objections.
ADJOURNMENT: There being no further business to come before the Board, a motion was made by
Commissioner Shaw and seconded by Commissioner Lord-Papy to adjourn the meeting. The meeting adjourned.
Board of Commissioner
Florida Keys Mosquito Control District
Respectfully submitted,
_______________________________
Michael S. Doyle
Director
_______________________________
Jack Bridges, Chairman
_______________________________
Phil Goodman, Secretary-Treasurer
For more specific information or detail of meeting, please refer to the recording of the meeting.
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