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HomeMy WebLinkAboutResolution 2021-08 Confirming & Extending Declaration of Emergency Related to Temporary Restrictions Related to Irrigation with Potable Water RESOLUTION NUMBER 2021-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CONFIRMING AND EXTENDING UNTIL 10:00 P.M. ON JULY 12, 2021 THE DECLARATION OF EMERGENCY RELATED TO TEMPORARY RESTRICTIONS RELATED TO IRRIGATION WITH POTABLE WATER ESTABLISHED BY ORDER OF THE DEPUTY MAYOR; PROVIDING FOR SUBSEQUENT TERMINATION, EXTENSION OR MODIFICATION OF THE DECLARATION OF EMERGENCY BY THE CITY COMMISSION OR CITY MANAGER AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,FLORIDA,AS FOLLOWS: WHEREAS, the City Commission desires to confirm and extend the Declaration of Emergency related to temporary restrictions related to irrigation with potable water established by Order of the Deputy Mayor, which is attached hereto and incorporated herein by this reference, subject to termination, extension or modification as provided herein;and WHEREAS,this Resolution is in the best interests of the public health, safety and welfare of the citizens of the City of Winter Springs. SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Section 2-255 of the Winter Springs City Code. SECTION 2. CONFIRM AND EXTEND DECLARATION OF EMERGENCY. The attached Declaration of Emergency established by the Deputy Mayor on May 27, 2021 is hereby confirmed and extended until 10:00 P.M. on July 12, 2021. The Declaration of Emergency may be terminated, extended or modified by the City Commission at the City Commission's regular meeting on July 12, 2021, unless the Declaration is terminated by the City Manager prior to that meeting because changed circumstances allow the Public Works/Utilities Director to decertify the water shortage condition that initially supported the adoption of the Declaration of Emergency. All prior actions taken by the City Commission, Deputy Mayor, City Manager and City staff in furtherance of the City's emergency powers under the attached Declaration of Emergency are hereby ratified and affirmed. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a Regular Meeting duly assembled on the 1 st day of June,2021. KEVIN MCCAN ,Mayor ATTEST: f CHRISTIAN GOWAN,City Clerk + ;•'• Approved legal form and sufficiency for -2Z the C' Win Springs,Florida only: Cr- ANTHONY "ANTHONY A.GARGANESE,City Attorney �:; , '••.....• �.• BY ORDER OF THE DEPUTY MAYOR OF CITY OF WINTER SPRINGS DECLARATION OF EMERGENCY FOR PURPOSES OF AUTHORIZING THE CITY MANAGER TO ADOPT TEMPORARY RESTRICTIONS RELATED TO IRRIGATION WITH POTABLE WATER WHEREAS, upon consultation with the City Manager and Utilities Director,the City of Winter Springs may have a temporary potable water shortage condition that may have the potential to pose an immediate threat to the public health, safety and welfare of the citizens of the City of Winter Springs unless immediate action is taken to adopt restrictions related to irrigation with potable water;and WHEREAS, pursuant to Section 2-25S of the City Code of the City of Winter Springs, Florida, the Deputy Mayor shall have the right to declare an emergency provided the declaration is in writing subject to subsequent review by the City Commission at a public meeting;and WHEREAS, I have reviewed the attached Water Supply Status Report, dated May 26, 2021, prepared and certified by the City's Public Works and Utilities Director,and find that pursuant to Section 2-262(x)(1) of the City Code a water utilities condition exists that has the potential to endanger the quantity, availability, transmission and distribution of potable water to the City's water utility customers on a temporary basis, and such condition makes it reasonably necessary to invoke emergency powers so the City Manager can adopt potable water irrigation restrictions pursuant to Section 2-255 (c)(E) of the City Code, as may be deemed reasonably necessary, to mitigate against the occurrence of a water service disruption that could potentially pose a public health, safety and welfare issue for the citizens of Winter Springs if no potable water irrigation restrictions are not adopted; and WHEREAS, I further find that this Declaration is reasonably necessary to allow the City Manager to more thoroughly evaluate the situation and convene a meeting of the City Commission so this matter can be further addressed by the City Commission if necessary. NOW,THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IN ME,AS DEPUTY MAYOR OF THE CITY OF WINTER SPRINGS, FLORIDA UNDER SECTION 4.05 OF THE CITY CHARTER AND SECTION 2-255 OF THE CITY'CODE,AS FOLLOWS., SECTION 1. Recitals; Water Status Report The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Declaration. The Water Status Report referenced in the foregoing recitals is attached hereto as an Exhibit and hereby fully incorporated herein by this reference and deemed a material part of this Declaration. SECTION Z. As Deputy Mayor,acting pursuant to Section 4.05 of the City Charter and Section 2-25S(a) of the City Code, I hereby authorize the City Manager to exercise authority and powers under Chapter 2,Article VII,for the sole purpose of adopting temporary potable City of Winter Springs Declaration of Emergency—Potable Water Irrigation Restrictions Page 1 of 2 water irrigation restrictions as may be deemed reasonably necessary to address the water utilities condition referenced herein in furtherance of protecting the public health, safety and welfare and the best interests of the citizens of the City of Winter Springs. SECTION 3. All citizens are called upon and directed to comply with the necessary potable water irrigation restrictions adopted by the City Manager. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this declaration is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION S. Effective Date. This Declaration shall become effective immediately upon the execution of this Declaration by the undersigned and shall remain in effect until terminated by the undersigned or the City Commission in writing. SECTION 6. . Notice to the City Commission. The City Clerk or City Manager is hereby directed to provide a copy of this Declaration to all members of the City Commission, City Manager, City Attorney, City Department Directors, and other appropriate government officials. This Declaration and potable water irrigation restrictions authorized by the City Manager and activated under the provisions of Chapter 2, Article VII, City Code, shall be confirmed by the City Commission by resolution within five (5) working days of such Declaration or at the next regularly scheduled meeting of the City Commission, whichever occurs first, unless the nature of the emergency renders a meeting of the City Commission extremely impractical. DECLARED by the Deputy Mayor of the City of Winter Springs, Florida,this_day of May, 2021. Ted Joh , Deputy Mayor � W ATTEST (City Seal): Christian Gowan, City Clerk 8EN100 Approved as to legal form and sufficiency for the QtZof Winter Springs only: ANTHONY A.GARGANESE, City Attorney City of Winter Springs Declaration of Emergency— Potable Water Irrigation Restrictions Page 2 of 2 Shawn Boyle From: Anthony A.Gargenese <agarganese@orlandolaw.net> Sent: Wednesday, May 26,20216:35 PM TO: Dale Smith Ca Shawn Boyle Subject: RE:Water Shortage Attachments: Declaration of Temporary Emergency Related to Water Use Restdctions.pdf Importance: High EXTERNAL EMAIL: [Caution: Do not click on links or open any attachments unless you trust the sender and know the content is safe.] Dale,I recommend that your report be memorized memorandum to the City Manager and attached to the Deputy Mayor Declaration which was prepared at the request of the City Manager and is attached to this email. Please call me if you have any questions or either you or the City Manager would like any changes to the proposed Declaration. Anthony J To: Shawn Boyle,City Manager Water Supply Status Report 5/26/2021 Pursuant to Section 2-262(a)(1)of the City Code, I certify to you in your capacity as City Manager that a condition exists that endangers the quantity,availability,transmission and distribution of potable water of the City's water utility system as follows.- At ollows:At Midnight on May 2S,2021,the two water storage tanks at Water Treatment Plant 1 were full.When the plant operators arrive on the morning of May 26,2021,the water in the tanks had dropped to a level that that is below the "four log'level required by the Florida Department of Environmental Regulation.The plant operators had not observed levels that low in the past. The contributing factor to this incident is irrigation using potable water.The Average rainfall for the month of May is 3.5 inches.Currently this month Winter Springs has received 0.36 inches of rain with all rain events being under 0.2 inches. Until the rain fall returns to normal,the City must eliminate or reduce the potable water used as irrigation. This can be accomplished by reducing the number of irrigation days from twice a week to once a week.Also when the water levels approach a critical level,the City would shut off potable irrigation to the newer subdivision which have reuse lines Installed but there is not reuse availability,so the reuse lines were connected to the potable water lines. This policy should apply across the City for all irrigation and continue until the normal rainfall patterns returned. Dale Smith i From: Dale Smith<dsmith@winterspringsfl.org> Sent:Wednesday,May 26, 20211:30 PM To:Anthony A.Garganese<agarganese@orlandolaw.net> Cc:Shawn Boyle<sboyle@winterspringsfl.org> Subject: (EXTERNAL]Water Shortage WARNING-EXTERNAL EMAIL: Ensure you trust this sender before clicking on any links or attachments. Please report any suspicious mail. Water Supply Status Report 5/26/2021 At Midnight on May 25,2021,the two water storage tanks at Water Treatment Plant 1 were full,When the plant operators arrive on the morning of May 26,2021,the water In the tanks had dropped to a level that that is below the "four log'level required by the Florida Department of Environmental Regulation.The plant operators had not observed levels that low in the past. The contributing factor to this incident is irrigation using potable water,The Average rainfall for the month of May is 3.5 inches.Currently this month Winter Springs has received 0.36 inches of rain with all rain events being under 0.2 inches. Until the rain fall returns to normal,the City must eliminate or reduce the potable water used as irrigation. This can be accomplished by reducing the number of irrigation days from twice a week to once a week.Also when the water levels approach a critical level,the City would shut off potable irrigation to the newer subdivision which have reuse lines installed but there is not reuse availability,so the reuse lines were connected to the potable water lines. This policy should apply across the City for all irrigation and continue until the normal rainfall patterns returned. Dale Smith Dale Smith Public Works and Utilities Director P: (407)327-5989 F: (407) 327-5984 A:400 Old Sanford Oviedo Road Winter Springs, Florida 32708 Incorporated'.. ` \ 1959 Confidentlallty Note:This e-mail,and any attachment to it,contains information intended only for the use of the individual(s)or entity named on the e-mail,If the reader of this e-mail is not the intended recipient,or the employee or agent responsible for delivering ii to the intended recipient,you are hereby notified that reading it Is strictly prohibited.II you have received this e-mail in error,please Immediately return it to the sender and delete it from your system.Thank you. 2