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HomeMy WebLinkAbout2021 06 01 Regular 500 -  Consider and Take Appropriate Action Regarding the Deputy Mayor’s Declaration and any Water Shortage Issue 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 2-255 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(a)(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 2. As Deputy Mayor, acting pursuant to Section 4.05 of the City Charter and Section 2-255(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 1 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 5. 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, this27 day of May, 2021. f LQ t�-i ,�' •�AT � ©/did Ted Jo nso , Deputy Mayor �4 , ATTEST (City Seal): Christian Gowan, City Clerk 3EulW� Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Declaration of Emergency— Potable Water Irrigation Restrictions Page 2 of 2 2 Shawn Boyle From: Anthony A.Garganese <agarganese@orlandolaw.net> Sent: Wednesday, May 26,2021 6:35 PM To: Dale Smith Cc: Shawn Boyle Subject: RE:Water Shortage Attachments: Declaration of Temporary Emergency Related to Water Use Restrictions.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 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 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 1 3 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 In��I959 0000 Confidentiality 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 deliveringit to the intended recipient,you are hereby notified that reading it is strictly prohibited. It you have received this e-mail in error,please immediately return it to the sender and delete it from your system.Thank you. 2 4 5/27/2021 Winter Springs, FL Code of Ordinances ARTICLE VI. -WATER SHORTAGE CONDITIONS AND SHORTAGES Sec. 19-200. - Intent and purpose. It is the intent and purpose of this article to protect the water resources of the city from the harmful effects of overutilization during period of water shortage and allocate available water supplies, including by assisting the St.Johns River Water Management District in the implementation of its water shortage plan and the city creating, its own water shortage plan. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-201. - Definitions. For the purpose of this article the following terms, phrases, words, and their derivatives shall have the meaning described below, unless the context clearly indicates otherwise.The word "shall" is always mandatory and not merely directory. Districtis the St.Johns River Water Management District. Person is any person,firm, partnership, association, corporation, company, or organization of any kind. Water resource means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating,standing, or flowing beneath the surface of the ground and reclaimed water. Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm.A water shortage condition may occur due to drought, contamination, damaged water facilities, natural disaster, or any other situation having an adverse effect on the water resource. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-202. -Application of this article. The provisions of this article shall apply within the city and to all persons using the water resources within the city boundaries subject to the "water shortage condition," as determined by the district and the city commission,whether from public or privately owned water utility systems, private wells, or private connection with surface water bodies. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-203. - Implementation. The provisions of this article shall be implemented by adoption of a resolution by the city commission, declaring an emergency water shortage condition exists.Adoption of the resolution shall be coordinated with the district and supported by appropriate findings which establish the existence of an emergency water shortage condition such as,for example: 1/4 5 5/27/2021 Winter Springs, FL Code of Ordinances (1) A declaration by the district that an emergency water shortage condition exists affecting the city; or (2) The city commission, after consultation and advice from the utilities department, determines that an emergency water shortage condition exists and that appropriate measures be taken to alleviate the water shortage or other water condition requiring emergency action. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-204. -Water uses,surcharges and factors considered. Upon determination that an emergency condition of water shortage exists,the city commission may order the restriction or curtailment of the use of water resources to the extent necessary to alleviate the water shortage and may implement any or all of the following: (1) Uses of water resources which may be restricted or curtailed include, but are not limited to,the following: a. The sprinkling,watering, or irrigating of shrubbery,trees, lawns,grass,ground covers, plants,vines, gardens, vegetables, including the specification of certain days, hours or periods of time, as well as place limitations,when lawns and shrubbery may be watered; b. The washing of automobiles, trucks,trailers, mobile homes, campers, boats, railroad cars, airplanes, or other type of mobile equipment; except bona fide business enterprises where vehicle washing is done; c. The washing of sidewalks,walkways, driveways, parking lots,tennis courts,filling station aprons, porches, exterior of homes, apartments, office buildings or other outdoor hard-surface areas; d. The washing of any business or industrial equipment and machinery, except where required by public health; e. The operation of any ornamental fountain or other structure using water without a recirculating system; f. The operation of swimming and wading pools not using a filter and recirculating system; and g. The escape of water through defective plumbing,when it is known or reasonably should be known that water is escaping through the system that is in disrepair. (2) Businesses and industries may be restricted to the minimum amount of water necessary to conduct operations and may be required to curtail or prohibit any use of water including, but not limited to: a. The use of water to serve a customer in a restaurant unless requested by a customer; b. The use of water for the expansion of commercial nursery facilities; c. The use of water from hydrants for construction purposes,fire drills, or any purpose other than fire- fighting; d. The use of water to put new agricultural land into production; e. The use of water by a golf course; and f. The use of water for dust control. (3) Extension of water service.Approval of applications to the city-owned utility to begin a new use or modify an existing use, requiring water service connections, meters, service lines, pipeline extensions, mains, or other water service facilities of any kind may be withheld,while the water shortage is in effect subject to exceptions specified in section 19-206. 2/4 6 5/27/2021 Winter Springs, FL Code of Ordinances (4) Surcharges maybe imposed by the city commission on customers of the city-owned utility. (5) The city commission may consider the following factors in determining the measures to reduce water consumption: a. The severity of the drought; b. The specific measures required by the district and/or utility department. c. The extent that the city-owned potable or reclaimed utility is not supplying the demand of the service; d. The severity of salt water intrusion; e. The availability of potable water; and f. Any other competent, relevant data. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-205. - Enforcement. (a) Each police officer of the city police department and city code enforcement officer shall, in connection with his/her duties imposed by law, diligently enforce the provisions of this article. (b) The city manager may designate other employees of the city to assist in the enforcement of this article including, but not limited to, employees of the utility department and fire department. Any designated employees shall have the duty and are hereby authorized to enforce the provisions of this article and shall have the power to issue written warning notices, and/or citations as set for in section 2-69 et seq. of the Code of Ordinances. A violation of this article shall be subject to fines and penalties prescribed at section 19-207 below. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-206. - Exceptions. (a) The city commission upon recommendation of the county health department, utility department, or upon its own motion, shall have the authority to permit a reasonable use of water in any case determined necessary to maintain adequate health and sanitation standards. (b) The city manager or designee thereof shall have the authority to permit a reasonable use of water in any case determined necessary to preserve and protect property for aesthetic values of the community or for planned activities and sporting events. (1) In making this determination,the city manager or designee thereof shall consider the following: a. Severity of drought; b. Anticipated length of drought; c. Availability of potable water; d. Length of proposed exemption; and e. Magnitude of proposed exemption (i.e. quantity of water) (2) In granting an exemption pursuant to this section,the city manager or designee thereof may prescribe appropriate conditions and safeguards in conformity with this article. (Ord. No. 2001-11, § 1, 3-26-01) 3/4 7 5/27/2021 Winter Springs, FL Code of Ordinances Sec. 19-207. - Penalties. Any person violating any provision of this article which shall be implemented by adoption of a resolution shall, upon conviction, be punished as follows, and shall also be responsible for reimbursing the city reasonable attorneys'fees and costs incurred in correcting the violation.A separate offense shall be deemed committed for each day during which a violation, disobedience, omission, neglect or refusal shall continue: (1) 1 st violation: Warning. (2) 2nd violation: $50.00 fine. (3) 3rd violation: $150.00 fine (4) Subsequent violations: Fine not to exceed $500.00 and/or imprisonment in the countyjail not to exceed 50 days. Violators may only receive one (1)written warning.The city, in addition to the civil and criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this article. If a person chooses to contest the citation and is unsuccessful in such contest,the person shall reimburse the city for its attorneys'fees and costs incurred in prosecuting the violator before any court of competent jurisdiction.A separate offense shall be deemed committed for each day during which a violation, disobedience, omission, neglect or refusal shall continue. (Ord. No. 2001-11, § 1,3-26-01) Sec. 19-208. -Water use constitutes acceptance of provisions of article. The acceptance of water service from the city and withdrawal from any water resource servicing property located within the city shall be in itself the acceptance of the provisions hereof. (Ord. No. 2001-11, § 1, 3-26-01) Secs. 19-209-19-250.- Reserved. 4/4