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HomeMy WebLinkAbout1981-05-18 - City Commission Emergency Meeting Minutes5811 NORTHWEST- 881-H AVENUE TAMARAC, FLORIDA 33321 a TELEPHONE (305) 722-5900 May 18, 1981 fiSrsuarah EMERGENCY MEETING CITY COUNCIL OF TAMARAC, FLORIDA An Emergency Meeting of the City Council has been called by Mayor Falck on Monday, May 18, 1981, at 11:00 A.M. to be held in the West Conference Room at City Hall, 5811 N. W. 88th Avenue. The purpose of the Emergency Meeting is to discuss and take possible action concerning water regulations in the City of Tamarac. The. City Council may consider such other items as may come before it. The Public is invited to attend. Carol A. Evans, Asst. City Clerk Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368: If a person decides to appeal any decision made 6y the City 1 c Council with respect to any matter considered at such meeting or hearing, he will need a record the p•oceedings and for such purpose, he may need to ensure that a ver6atim record includes 5 / 18 / 81 the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC, FLORIDA EMERGENCY CITY(COUNCIL MEETING MAY 18, 1981 CALL TO ORDER: Mayor Walter Falck called the meeting to order on Monday, May 18, 1981, at 11:00 A.M., in the West Conference Room. ROLL CALL: PRESENT: Mayor Walter W. Falck Vine Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Irving Zemel Councilman Philip B. Kravitz ALSO PRESENT: City Manager, Laura Stuurmans City Attorney, Arthur M. Birken Asst. City Clerk, Carol A. Evans City Engineer, Larry Keating Mayor Falck stated that he had released to the City Council a memorandum in connection with the problem of water conservation. He noted the problem of water shortages was considered at the previous Council Meeting. The situation has worsened and shows further signs of deterioration. At the present time, the South Florida Water Management District is con- sidering further cut -backs either to one-third or perhaps one-half, rather than the 25% now in effect. Mayor Falck said he believes it is essential that some action be taken since he does not believe Council can depend on people to do these things for themselves. Mayor Falck indicated he had received a memorandum from Larry Keating, City Engineer, dated May 15, 1981 and in addition to that�he received a communication from the Department of Environmental Regulation, and also a communication from the,South Florida Water Management District, Mayor Falck said he believes there is an emergency and whatever needs to be done should be done at the present time in order to make sure the City is not only meeting, but exceeding the requirements that have been put forth previously. The Mayor read the Call of the Meeting. 1. Emergency Ordinance -- Water Conservation - Temp. Ord. #887. Discussion and possible action to curtail certain non -essential uses of water during the water shortage. SYNOPSIS OF ACTION Adopted on lst and 2nd Reading ORDINANCE #0-81-23 Arthur M. Birken, City Attorney explained he had used the Ordinance that had been prepared by the Water Management District as the basis for Temporary Ordinance #887. He explained the whereas provisions were used in Section 1, Findings of Emergency. He removed the section concerning Appeals to Council, since if citations are issued by a law - enforcement agency he would not want a situation where people would claim a right to appeal to the City Council prior to a court trial, which would delay the process of justice in the courts. There are a few minor word changes and clarifications; and a provision that the Ordinance would expire four months from the date of passage or upon lifting of the emergency that exists, whichever comes first. Mayor Falck indicated he was concerned about the section relating to sprinkling and he also indicated in his memo- randum that he is proposing that.the Section sprinkler systems be adjusted to reduce lawn sprinkling from three days to two days per week; the time of each sprinkling shall not exceed twenty minutes and in those Sections where sprinkling is done on two days per week he proposed it be reduced to one day, and the time of sprinkling shall not exceed thirty minutes. Further, Mayor Falck said he believed.residents should be encour- aged immediately to do their laundry and other large water usage activites according to their house numbers. He also pointed out the sprinkling is handled by community systems so an odd -even method is not workable. -1- Mayor Falck proposed that effective immediately all Section sprinkler systems be adjusted to reduce lawn sprinkling from three days per week to two days per week and that the time of each sprinkling shall not exceed 20 minutes. Further, in those Sections where sprinkling is done two days per week he proposed this be reduced to one day per week and the time of each sprinkling not to exceed 30 minutes. The City Attorney suggested that all residents should be treated the same as far as the lawn sprinkling is concerned. Council- woman Massaro said that was difficult because certain sections are split, with different numbers of meters for the sprinkler system and the sprinkling has to be done on a rotation basis. Vice Mayor Disraelly explained that everyone could not have their lawns sprinkled at one time because there would not be proper pressure. Therefore, everything is metered with clocks on every home so that it goes from one home to the next, etc. He said most of the sections that are large only do half of a given section on any one day, and the other half on the next day. The Vice Mayor said the sprinkling would have to be done on a one-time a week, or twice a week basis since it is done by areas, rather than streets. Mr. Birken said he would not want to see some people sprinkled two days a week and others only one day. Vice Mayor Disraelly said the sprinkling would have to be done by areas, not by street. Mr. Birken suggested the Ordinance allow sprinkling two days a week, in twenty -minute cycles. Mayor Falck pointed out some of the Sections are already sprinkling two days a week, and that would not reduce anything. Mr. Birken said they are conserving water, and they would be penalized for that. The Mayor explained some places have twenty minute cycles, and others have thirty minute cycles. Vice Mayor Disraelly indicated the cycles could not be changed. Councilwoman Massaro asked Mr. Keating, City Engineer, if there is some way the amount of water used can be decreased in the City, and what can the Council do that will comply with the Water Management District regulations, and conserve and yet meet the problems that the City has. Mr. Keating replied that the best thing they can do is to cut the pressure at the Plant, which they have done to a reduction of 23 or 24%. Mr. Keating explained they can control the use of City water, but they have no control over the canal users, or those who are drawing it from wells and lake areas. He indicated the primary effect of the proposed Ordinance would be to establish controls on those users. Councilwoman Massaro said that the next step is to find out who is on canal systems and notify them how many times a week it can be used. Vice Mayor Disraelly said he was referring basically to canal -water users. Councilman Zemel stated there is no doubt in his mind that an emergency water situation exists and Council must take immediate action to alleviate the problems. He commented that proposed Ordinance 887 does much to save the water supply from becoming short. Councilman Zemel referred to Section 4 addressing "Implementation" which delineates the restrictions in general areas covered by the water -saving Ordinance. He noted that home -owners who do not have an automatic sprinkler system would be penalized by having to get out of bed at 4 AM to start their irrigation. Further, he said that baby pools are included in Section 4 of the Ordinance, in paragraph 6. So they have to consider the little plastic pools which are forbidden by the Ordinance. Therefore, Councilman Zemel proposed that they think about home -owners who do not have automatic sprinkler systems and consider permitting them to irrigate between the hours of six AM and 8 AM. Also, he suggested that kiddie pools with diameters not exceeding 48" be excepted from the provisions. -2- 5/18/81 /lc Councilman Zemel said if they do decide to adopt Temp. Ordinance 4�887, paragraph 2(c) should also be amended as follows: after the words "water supply" on line 6 add "including, but notlimited to, canals and catch basins". He commented some people may decide the Ordinance does not mean canals, and in many instances people in the City are pulling water out of the catch basins with pumps and irrigating their lawns. City Attorney Birken indicated he had a suggested change that may handle part of the problem with the irrigation, and to put in Section 4 a new sub -paragraph saying that provisions of 1. a) and b) may be modified by the City Engineer in cases of hardship. He said that will handle the community situations. Vice Mayor Disraelly commented that no section of the City, other than individuals, can water between 4 and 6 o'clock. Those other sections, such as the one with the twelve meters and his own area, it is done by the clock, he said. Also, the Vice Mayor noted that in his section where it is necessary to cover 150 homes, the sprinklers are turned on 7:00 AM and it takes until 8:00 PM, allowing twenty minutes for each home. Therefore, it is impossible for anyone to water a section of the City between 4:00 and 6:00 o'clock. City Engineer Larry Keating said it was recommended to him by his opera- tions superintendent that perhaps some thought should be given to restrict- ing irrigation to one day a week, without limiting it to any certain set of hours. He noted there are so many different systems that operate in so many different ways that it is almost impossible to come up with a workable formula that would apply equally to everyone, and also there is an enforcement problem. The City Attorney stated that would be workable. Councilwoman Massaro said she felt it to be very important that the word- ing suggested by Councilman Zemel be used, concerning the water in the catch basins. Councilman Zemel suggested they think about the baby pools. Councilwoman Massaro said she did not think during an emergency they can put in the Ordinance that baby pools can be used. Mr. Keating said he could not find a definition of the amount of restric- tion or curtailment for other uses as described in Section 4,two through eight on page 2 of the proposed Ordinance. The City Attorney said the intent is to prohibit everything except sprinklers, which would be curtailed. The City Engineer questioned the manner of enforcement; Mr. Birken said it would be very difficult to enforce. However, the purpose of the Ordinance is to have the people know if they abuse what is set forth in the Ordinance they will be severely punished, and to tell them that the situation is so serious that government felt it was neces- sary to take some mandatory action. The City Attorney explained that Items 2, 3, 4, 5, 6, 7 and 8 are pro- hibited (under Section 4--IMPLEMENTATION). Item 1 is curtailed. He said the words "are prohibited" should be added after the wording of items 2 through 8. Councilwoman Massaro said she thought the Ordinance should give the City Engineer authority to modify the Ordinance in the event of an emergency or hardship. Vice Mayor Disraelly agreed, and cited an instance which could be considered an emergency, such as a roof repair where water is necessary. Councilwoman Massaro said there are certain things that may have to be addressed. City Engineer Keating said some consideration should be given as to how golf course users can be restricted, since there are eight courses in the City and most are on wells. C/W Massaro suggested a reduction of 1/3 which would amount to four days a week, and if necessary it would be possible to reduce it further. Mr. Keating suggested the Districts be divided to include Pine Island Road West; and Pine Island Road to 64th Avenue; 64th Avenue to State Road 7; and east of 441. Mayor Falck indicated they could not set certain days for the watering; Councilwoman Massaro said it should be based on the one-time watering, rather than relating the watering to days. Councilman Zemel said there would be no way to enforce it; Councilwoman Massaro replied the only way enforcement is possible is by observation and she thought people would be concerned about salt -water intrusion, and it is a matter of telling them how to conserve. SIM 5/18/81 /lc Vice Mayor Disraelly commented that the sections represent 80% of the City. Also, people will watch the situation. VOTE City Manager Laura Stuurmans suggested where it takes two days to accomplish a watering cycle, the Sections could notify the City as to the days this would take place. It was agreed that non -golf courses would be allowed once a week watering, not to exceed one-half hour per zone. The City Attorney stated he would read the entire Ordinance in full. Then the Council could take action of first reading and if it is passed on First Reading, he will read the Title for Second Reading. If the Council wishes, they may allow the Public to speak. After that, Final Action can be taken. The City Attorney read the Ordinance in full. First Reading. Vice Mayor Disraelly MOVED ADOPTION of Temporary Ordinance #887 on first reading. Councilwoman Massaro SECONDED the MOTION. ALL VOTED AYE. The City Attorney read the Title of Temporary Ordinance #887. Second Reading. Mayor Falck asked if anyone from the Public wished to speak on the subject. Emil Beutner, Chairman of the Planning Commission said in his section there is sprinkling twice a week, and he asked if each house is sprinkled twice a week does the Ordinance mean they will now have once a week. Mayor Falck replied that the Ordinance so states. No one else wished to speak on the subject and the Public Hearing was closed. Vice Mayor Disraelly MOVED the ADOPTION of Temporary Emergency Ordinance #887 on second reading. Councilman Zemel SECONDED the Motion. VOTE Mayor Falck suggested the third paragraph of his memorandum be used in distributing the Ordinance so people will feel they are affected by it. He said he felt people should be encouraged to do their laundries on alternate odd and even days. The City Attorney noted on page 2, lines 27 and 28, he did not read on the first reading: "Provisions of this part above shall not apply to those water uses granted water use permits by the District." Mr. Birken stated that sentence should be included in the Ordinance. The Maker and Seconder of the Motion agreed to inclusion of the above sentence. The City Engineer asked if that included golf course restrictions, the City Attorney said he did not know who was granted water use permits by the District. Mr. Birken said the language "except for golf courses" would cover that if it is acceptable to the maker and seconder of the Motion. It was agreeable to both. ALL VOTED AYE. Councilman Zemel suggested a Resolution which would include washing machines, etc. The City Attorney suggested it be done by a letter from the Mayor or City Manager to the appropriate people. Vice Mayor Disraelly suggested that the Mayor and City Manager put together a letter to the condominiums, the sections and any other area that one should go to. The letter should explain, also, what is meant by the request. - The Meeting was adjourned at 12:00 Noon. a , ATTEST: OR C�- APPf•'.OV L (Tiv 1�r4. U1_�..sfe_ 17: `� ASST. CITY CLERK _4 5/18/81 /lc