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07-19-99 vMINUTES OF A TOWN HALLMEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY,JULY 19, 1999 PRESENT: Suzanne Shaughnessy, Mayor Mike Borno Theo Mitchelson, Commissioners AND: Alan C. Jensen, City Attorney David Thompson, City Manager The meeting was called to order by Mayor Shaughnessy at 7:20 p.m. The Mayor requested a few moments of silent prayer for the Kennedy and Bessette families in respect for their loss. The silent prayer was followed by the Pledge of Allegiance to the Flag. Mayor Shaughnessy explained that the meeting was being held to obtain citizen input concerning the sewer connection letters recently sent to those citizens not connected to the city sanitary sewer. The Mayor further stated there seemed to be some confusion concerning the requirements stated in the letter and she wished to address those items. Mayor Shaughnessy stated this would be an informal meeting and explained the rules of order to be followed. Mayor Shaughnessy requested that City Manager Thompson provide background information concerning the connection requirements. City Manager Thompson indicated that he learned that the city was not in compliance with Florida Statute Section 381.00655, which requires connection to the city sewer system within 365 days from the date of notice of sewer availability. He further stated that the Atlantic Beach City Code Section 22-175 requires the city to commence billing for sewer service within ninety days from the date of the notice, whether or not the connection has been made to the sewer. City Manager Thompson indicated that this requirement was discussed with Finance Director VanLiere and City Attorney Jensen; and the Commission was informed of his intent to bring the city into compliance. He further stated that two hundred seventy letters had been sent to those property owners found to be in non-compliance. City Manager Thompson indicated that a payment schedule could be worked out for the residential impact fee for those who needed help financing the expense. Mayor Shaughnessy indicated she would like to receive public input at this time and requested that City Manager Thompson finish his report after the public comments. Mayor Shaughnessy requested that City Attorney Jensen provide information relative to the city's ordinance (Ordinance 80-94-53) which does not require property owners who began paying an assessment prior February 1, 1995 to hook up to the city's sewer system, unless their septic system fails. Minutes Page-2- Town Hall Meeting July 19, 1999 City Attorney Jensen presented the following chronology of events: (1) September 1986 a moritorium was placed on septic tank installations in the city, (2) March 1987 Mayor Howell indicated he was of the opinion a resident of Section H he would not have to hook up to the sewer system unless his septic tank was no longer in working order, (3) January 10, 1990 Mayor Gulliford, during a meeting concerning the Section H development project, promised a resident the homeowners would not be required to hook up to the public system immediately, if they had a functional septic system, and(4)passage of Ordinance 80-94-53, which exempted those property owners from hooking up to the sewer system if they began paying the special assessment for water/sewer lines before February 1, 1995. City Attorney Jensen indicated that no formal legal opinions had been given concerning the required hook up, and the only statements of record appeared to be the "promises"made by Mayors Howell and Gulliford. Mayor Shaughnessy requested that City Attorney Jensen provide an explanation of the requirements of Florida Statute Section 381.00655. City Attorney Jensen advised that the statute provided that the owner of a properly functioning onsite sewage treatement and disposal system(OSDS)must connect to the sewer system within 365 days after written notification by the city that the sewer is available,the owner of an OSDS that needs repair must connect to the sewer within 90 days after written notification, and that the city may provide that any connection fee charged may be paid without interest in monthly installments over a period of time not to exceed five years. It was pointed out that the City Code Section 22-175 required that the city commence billing for sewer service within 90 days from the date of the notice, whether or not the property owner connected to the sewer. It was further stated that no penalties or enforcement authority were provided in the statute for failure to comply. City Attorney Jensen advised that the city could, as found in AGO 96-09, adopt its own enforcement rules. The Mayor then opened the floor for public comments, and following citizens spoke concerning the mandatory sewer hook up requirement: Dezmond Waters of 1835 Seminole Road,who was a City Commissioner from 1991 to 1995, provided some background information concerning implementation of the Ocean Grove Special Assessments. He then read Ordinance 80-94-53 in its entirety which exempted those property owners from hooking up to the sewer system if they began paying the special assessment for sewer lines before February 1, 1995. As other residents relinquished their time to speak to Mr. Waters,he also quoted from the Pasco County decision which he believed backed up his position the city had no enforcement authority. A copy of the document is attached and made part of this official record as Attachment A. Mr. Waters requested that the current Commission back the promises of the previous Commissions and not require any hook up until a septic system fails. Minutes Page -3- Town Hall Meeting July 19, 1999 Pat Pillmore of 995 Camelia Street also felt the city should honor the promises of former Mayors Howell and Gulliford in that no hook-up would be required to the city sewer unless the property owner's septic system failed. She believed "home rule" gave the city the option to do so. Don Remley of 1309 Violet Street felt that before the city sent out the connection letters, a survey should have been conducted to see who was on a septic system. He further stated that some of his neighbor's who are on septic systems did not receive the notification. He felt the city should start the process over after determining exactly who should receive the notification. Bob Byrod of 62 17th Street commented that in 1992 the city had promised that if the residents of the area repaired an existing well, they could continue its use. He indicated that the repairs were made, and one year later the well was capped by the city and the residents were required to connect to city water. He felt the city had broken its promise at that time, and were doing it again. He then inquired as to who would enforce the requirement to hook up to the sewer. He felt that without enforcement, requiring the sewer connection was a moot point. In light of past experiences, he felt it was unfair to require the sewer hook-up if a resident had a working septic system. III Discussion ensued concerning the promises made by the former Mayors. Mayor ShaughnessyY asked those citizens present to raise their hands if they felt Mayor Gulliford's promise should be honored by the current Commission, and a majority of those present indicated by raised hands that his promise should be honored. Mayor Shaughnessy inquired to City Attorney Jensen if the city ordinance or state statute would prevail. City Attorney Jensen advised that the city ordinance could be more restrictive, not less restrictive than the state statute. He further stated that the city could not pass an ordinance to circumvent the state statute. Michael Robert of 92 West 3rd Street felt the city was trying to blame the state through Florida Statute 381.00655 for the mandated hook up. Thomas Grant of 1841 Ocean Grove Drive stated he was a new owner of his property and felt it was unfair that the previous owner did not have to pay for the costs to hook up to the sewer. He indicated that he had not received a letter from the city informing him of the connection requirement. David Boyer of 2061 Beach Avenue believed the Health Department(HRS) would grant a waiver to those residents on a septic system considering the sand environment at the beach, 0 which provides good drainage,and suggested that the city contact the Health Department. Minutes Page -4- Town Hall Meeting July 19, 1999 Mary Ellen Waugh of 1710 Beach Avenue believed the city should maintain the "status quo" and continue on without the mandated hook-ups. Nancy White of 1729 Seminole inquired as to who started this process, if the ordinance was illegal and requested that the Commission act in good faith and honor the former Commission's promise not to require the sewer hook up. Ms. White was informed that the City Manager began the process and the ordinance was illegal. Stephen Kuti 1132 Linkside Drive Mr. Kuti stated he chose to live in Atlantic Beach because of the availability of municipal water and sewer, and urged those residents on septic systems to hook up to the sewer. He expressed concern that septic systems were a health hazard in sandy soils even though they seemed to be in working order. Jeffrey Paju of 94 West 3rd Street inquired as to the timetable for hooking up and inquired when the 90 day requirement became part of the city code. 410 Mayor Shaughnessy responded that it was passed in 1983 and provided a copy of that section of the code for Mr. Paju to review. Leslie Bell of 76 17th Street stated she was present to request Commission assistance in this matter and inquired if they had one year (365 days) or three months (90 days) to pay to hook up. She further stated that she did not want to connect to the sewer until her septic system failed nor did she want to pay for sewer service if she was not using it. Mrs. Bell felt the Commission should be more sympathetic to the property owners' concerns. Christine Smith of 1841 Ocean Grove Drive inquired as to the procedure used to pass an ordinance, and Mayor Shaughnessy explained the legal requirements for passage of an ordinance. Richard Grady of 1820 Ocean Grove Drive also requested that the Commission honor former Mayor Gulliford's promise. Commissioner Mitchelson inquired to City Attorney Jensen relative to the enforcement of Florida Statute 381.00655. City Attorney Jensen explained that there were no provisions in the statute for enforcement, but that the city could choose to enforce the provisions of the statute. Wayne Parish of 68 17th Street felt that everyone should be treated equally and that the ordinance should be changed to require that everyone hook up in 90 days. III Minutes Page -5- Town Hall Meeting July 19, 1999 Chuck West of 1464 Camelia Street believed it would be fraud for the city to bill for sewer service if the connection had not been made. He then inquired if this was legal and City Attorney Jensen advised that it was legal for the city to do so. Don Dagley of 550 Camelia Street stated he went to great expense to install a proper septic system at his new home and felt he should not have to hook up until if failed. Shirley Taylor of 480 West 9th Street inquired when she would be charged for sewer service. City Manager Thompson indicated that the charges would begin 90 days from the date of notification, unless the Commission decided differently. She then inquired if she would be notified and City Manager Thompson responded that she would be notified. Karen Parish of 68 17th Street belived the letter sent to the residents was poorly written and caused confusion between the 365 days and 90 days requirement for the sewer service. Pat Pillmore stated she had never received a letter and inquired relative to the 90 day requirement in her particular situation. Ms. Pillmore indicated she wanted to receive a letter. Beverly Hadden of 500 Orchid Street requested clarification concerning when the 90 day period began and City Manager Thompson indicated that the charges would begin 90 days from the date of the letter she received. Ms. Hadden indicated that the costs associated with the hook up and impact fee posed a financial problem, and requested that consideration be given to extending the time for compliance. Theodore Patten of 1305 Violet Street indicated that more than thirteen trees would have to be removed at a cost of $1,300 in order to run the sewer line to his house. He stated that this cost plus the charges for a plumber and the impact fee were too much. Robert Luthmann of 38 17th Street inquired as to who chose "90 days" in Section 22-175 of the code and also inquired if the code stated"may" or"shall" commence billing for the sewer service within 90 days from the date of notice. Mayor Shaughnessy explained that the City Manager executed policy set by the Commission who were responsible for the enacting the city ordinances. The last sentence of Section 22-175 was read aloud. Mr. Luthmann suggested that the city not bill anyone for the service until the Commission directs the City Manager to do so. 0 Mayor Shaughnessy indicated that she would be very happy if someone proved that the city did Minutes Page -6- Town Hall Meeting 0 July 19, 1999 not have to comply with the requirements of the state statute. David Jeffrey of 1843 Seminole Road believed the city needed definitive proof that it had to implement the requirements of the statute. Gail McWhirter of 1646-48 Main Street stated she owned a duplex with her sister and inquired if they would be required to pay two impact fees. She was informed that she would have to pay two fees. Robert Lawrence of 335 Dudley Street expressed concern for the costs incurred in hiring a plumber to perform the connection, plus the cost of the impact fee. Commissioner Mitchelson apologized for the adversarial tone which developed as the meeting progressed and indicated that he would sponsor points for consideration at the next Commission meeting. He indicated that if the city must implement the state statute, he hoped that it could be done as painlessly as possible for the affected residents. Mayor Shaughnessy advised the citizens that this item would be placed on the August 9, 1999 Commission agenda for further consideration and possible action. There being no further comments, the meeting adjourned at 10:00 p.m. gLi.L.w Julie M. Brandt, Secretary 4111-14-99 01:06pm From-OFFICE OF DIE MAYOR 9046302391 7-735 P.01/C8 F-690 ATTACHMENT A TOWN HALL MEETING JULY 19, 1999 OFFICE OF GENERAL COUNSEL 1ti k CITY OF JACKSONVILLE l Y 1300 City Hall r)e•i , V 144- q" 0 E. Bay Street Jacksonville,Floridaida 32202 y // IQ, +0GLI". , • j I allTelephone(904)630-1700 ttt` MEMORANDUM TO: John E Jolly, C.P.A.,Chief Support Division,Department of Public Utilities FROM:John T. Alderson, Jr., Assistant General Counsel DATE: April 7, 1997 RE: Mandatory Sewer Hookups/Florida Statute 381.00655 reThisistoconfirmtheinformation1leftonyourvoicemailregarding the responsibilities of the Department of Health and Rehabilitative Services (FIRS) to enforce the pertinent statute.Attached is a copy of Florida Attorney General Opinion 96-09. You will note that the foundation for HRS responsibility is Rule 10D-6.060(2)(b)of the Florida Administrative Code. Unfortunately, this Rule has now been repealed,perhaps in response to AGO Opinion 96-09 My reason for suspecting that the Attorney General's Opinion precipitated the repeal of theRuleisthediscussiononpage2 (labeled page 3 at the top of the page)of the opinion which begins with the language "Although the statute rewires . . .". Note 4 at the bottom of this page further points out the fact that there is no mandate for enforcement by HRS in 381.00655,whereas,there is a provision mandating enforcement by IRS in Section 381,0065. Taking these continents as anindicationthattheonlyreasonHRSisresponsibleforenforcementisbecauseoftheirRule,repeal of the Rule would leave enforcement up to local governments as suggested in the options available for Pasco County. I would still recommend interacting with FIRS to determine their position regarding 381.00655. If my suspicions are correct,we will need to exercise Home Rule powers along the lines discussed in AGO 96-09. Assuming HRS confirms my research which indicates that they are out of the enforcement business regarding Section 381.00655, there may be one area of possible reconsideration. Pursuant to Florida Statute Section 381 0065, FIRS is required to "adopt rules to administer ss. 381.0065- 381.006'7". This includes Section 381.00655 and under the Florida Administrative Procedure Act JrI-14-93 01:06pn Frcm-OFFICE CF THE MAYCR 9046302391 1-T35 P.02/08 F-690 John E. Jolly, C.P.A,, Chief April 7, 1997 Page 2 Chapter 120), there is a procedure for petitioning for the adoption of a rule. The "equities" regarding the fact that HRS can force the construction of sewer lines and certainly should follow up with enforcing the provisions of a state statute regarding mandatory hookups would appear compelling. However, before we begin any effort in this area, it would be my recornn endation that we have discussions with HRS. Please provide a copy of this memorandum and the attachment to all those on your Committee. AMINO ter, ohn'T. Alderson start General Counsel STAlr:cs Attachment rrrscscttuL v-wp51 bMo),(1 Tr o ‘1"4.)4/44 111/1 Zu •Aaa31?s pore gatgaq o;tgnd sus so uotaoaaoad aqa xog gmrT xagao enao3ua oa AaL-noo zo Aattrd;o;unui '2 go taxod arta sattutt gdaz5e.T2d s:qa uT 5utgaott ' ' 'Aatttgrttgna paardtot ire ;0 uataso;;tzou tig,tatut aqa o aarp arta moa; saraA Z pa2axa oa aou paixad t xaao sauamttaasut Atgauo:a tgnba ut saBargo uotaostruoa paztrtbat 30 ant2A paztazomr aqa 6utAgdaxd ;o uotado aqa ant?q ttBLig Xatsno at;y -fatttgatTgna Tt naor aqa ;o /reA t utgatx maasAs aSrlaMs aqa oa aoaUvao oa paaInbaz aq tttn zauYo aqa at42 tauP0 aqa A;taou ostg Irv-to pur utaasfs abazamos aqa ;o Aattrtgattgeg pazadtotaur aqa ;o maanAs tagodsTp pure auamaeaaa a5rmas eatsua aura ;o zaumo paaoa;;a aqa A;taou ruse maasAC aeraamas pauno•zoasanu1T sa patLA° Ato"!:tct-td alta 'atctrt;rAr amooaq tttri maagAs a v/uxae arta ;asp arta oa ;olid at?aA t csaga seat off •waxsAs abazamas ttitauao ega go Aatttg2tr?n2 aqa ;o ttzaasAs t2s0d41p par auataaraaa aStbas aatt;uo arta ;o JauUO aqa A4- 10t1 asnm wrasAs astzanas patsxo-xoaseAut zo paumo Atottgnd au,/ •uotaoau',:oo a;o; atgrttpng st taaagAa aqa ;Vita maagAs ebazartas pauo+o-aoasenut .ao pew'O Atottgnd aqa (Z=j ;o 2911A0 aqa Aq to tarot;taou uaaattM xaa3E sAsp S9£ uxttara maloAs aBraanas pauxo-xousaAut ao pauno rttottgnd atctrttgng ug oa Euzgmntd s.6u?pt,ng au{a so tugagAs aura aoauuoo asnut 'tuaas'is to aaaeµ.Ara6 aa;suo panoaddg uv 6utpntoxa maasAs t2sods:p put auatuara:a a5t?Aas aatsuo Eutuotaoun; Atsadozd E ;o .xaumo aqy aaua saptnosd aansgas eq/ `omaagAs ozadas gr sEtiztta tions apntout pTno:x utazsns auatuaeaaa a5anas aa;suo uv. -6maagA0 tvsods tp pup auemraaa ;Ernes aatsuo an2q Atauazzno oqn s1auno Alaadoad Act gtuaugAs aBrarmas traauao oa uot=st:too tc; saptnoid 'saanaras etjtzotd '55900•t9E uoTaoas A uno aqa Aq aanagas aqa ;o auataozo3t;a _tog 5utptnotd aourutpto ut ;dope 'saarod atna amoq sat oa aurns;nd '1Cam Aaunoj nosed `.zanax0H 'aanaaae aqa ;o sauattaa;nb az arta aoao:Ua oa Aaunoo p a2tsogana aou soop 'saanagaS ¢pt2Oid 'SS9004tgE uotaaaS tang uz oanarag arta Aq paasptBtn sr gmeasds aSvaames peumo-aoasaAu' to aa8titzd oz dm{ooq aourtoettoq 3203t10 oa 'eaanaeaS rptaote 'SS900^T9E uotaoeg Apt pat3t.tottintt s'1tmo0 a sud t31 tzotasanb 5utatotto; aqa At?gtaureasgns uo uotutdo Am o; paa;eg ;Agit not 6591+£ nTaotd 'Aag0TA a.aod naK 0i'E Rams 'p12011 ataaTI cj gSG Asuaolav Aaunoo oosgd zaaaaaS -tt tt :t 'sF; [til 9661 't A tmagaA Lt 52XS'2 57 •tet; 966t 60-96 rpt.ota 3o eagas arta ;o traauaO Aauaoasy arta 30 aoz;10 1110 3SVO t d0 : - t 78ATt Z d 063-1 9 /EC'd S£1-!1SE20E37C6 eiORYh ?H1 40 3014C-u q 21d10:10 66-vt-Irr ' 4I-14-89 01:07pm From-OFFICE OF THE NAYO,R 9045302391 i-733 P.04/08 F-390 Picea 3 1996 Fla. AG ISIS 17, *'Z The statute also provides that the owner of an onsite sewage treatment and 111/1 disposal system that must be repaired in order (*3) to function properly must connect to an available sewerage system within 90 days. Footnotes nl "Graywater" is defined in c. 381.0065(2) (d) , Fla. Stat. (1995) , as '`chat part of domestic sewage that is not blackwater, including waste from the bath, lavatory, laundry, and sink, except kitchen sink waste." End Footnotes Footnotes n2 Section 381.00555(1) (al , Fla. Stat. (1995) . end Footnotes Although the statute requires sewer hookup and makes provision for payment of hookup tees, n3 there are no statutorily prescribed penalties for failure to connect to the system within the designated time period nor is enforcement authority specifically granted to any agency or entity by section 381.00655, Florida111/1 Statutes. ni Footnotes n3 See, id. , authorizing the prepayment of the amortized value of required connection charges over a period of 2 years, and s. 381 .00655 (2) (a) , Fla. Stat. 1995) , authorizing the local governing body of the jurisdiction to provide that connection fees may be paid without interest in monthly installments over a 5 year period. End Footnotes Footnotes n4 Compare, a_ 381.0065 (5) , Fla. Stat. (1995) , providing that personnel of the Department of health and Rehabilitative Services may enter premises which are under permit for onsite sewage treatment and disposal Systems in order to determine compliance with the provisions of applicable statutes and providing that the department may issue citations ordering correction or payment of a fine for violations of these statutes; and making violations of these statutes a second degree misdemeanor. 111/0 End Footnotes u1-14-99 01:07prn Frcm-OFFICE CF THE !1AYCR 9046302391 7-733 P.05/09 F-690 page 4 1996 FIs. AG I RIS 17, *4 111/0 However, administrative rules of the Department of Health and Rehabilitative Services provide that the department may apply for an injunction restraining any person from violating or continuing to violate the provisions of Chapter 381, Florida Statutes, and authorize the department to impose administrative fines for violations of section 381.00655. Rule 10D-6.060 (2) (b) , Florida Administrative Code, provides .that: In addition to any administrative action authorized by Chapter 120, F.S. , or by other law, the department ['5] shall impose an aftlinistrative fine, which shall not ezceed $ 500 for each violation, . . . for violation of sections 381.0065--381.0056, . . F.S., or any rule adopted thereunder. Notice of intent to impose such a fine shall be given by the department to the alleged violator. Each day a violation continues shall constitute a separate violation. Thus, the Department of Health and Rehabilitative Services is charged with, administrative enforcement of the provisions of suction 381.00655, Florida Statutes. Section 125.01(1) (k)1., Florida Statutes, authorizes noncharter counties to provide and regulate waste and sewage collection and disposal, water and alternative water supplies; . . . and conservation programs." Pasco County, as a noncharter county, has "such power of self-government as is provided by general or special law" under Article VIII, section 1(f) , Florida Constitution. Therefore, the county may enact ^county ordinances not inconsistent with general or special law." n5 In Speer v. Olson, n6 the Florida Supreme Court has, in considering the powers of noncharter counties in light of section 125.01, Florida Statutes, n7 stated: The first sentence of Section ["6) 125.01(1) , Florida Statutes, (x975) , grants to the governing body of a county the full power to Garry on county government. Unless the Legislature has pre-empted a particular subject relating to county government by either general or special law, the county governing body, by reason of this sentence, has full authority to act through the exercise of home rule power. n8 Footnotes n5 Article VITT, 8. 1 (f) , Fla. Const. End Footnotes Footnotes- n6 367 So. 2d 207 (Fla. 1978) . 110 End Footnotes S texauaf Aeuzonny 'uaaort_zaannq 'ti azago-a saacuaccd pua S66t) 'agaS 'eta 'SS900't8E 's az:clue on Aauroo aua ;o saubt.z aun tlsrttgrasa oa uo-poa aua,a5pnC Aaoaazgtoap a 5u-rsq on Aatmco all ezTaouan2 ptnon urtt(x ' (566t) 'aaas -eta '98 •uD 'ass pun' 6u saacuaoot 6u •saanasaS rpTL'ot3 '9S900-t8E uotaoas Ac( paaznbaa SE dt- jooq rzaaaAs afienEs aoao;ua oa Aauron aua 6utzTaotlate aourutp to Anunoo a Eutadopa aep Tsuoo on usTrt Atm Aauroa oosra Jgtq, t8x3 'uoTarTuiea Aaunoo ao; aoacgna aaacadaxdda ut aq Ptnon a? gear stun ;0 uo:adutaaad a tons ;o aouastl"e aua ut apur saoTnzas ar.TaraTTTgsuact pug uateag ;o auantaz'3daa aua ur eanat'as a2ua zo; An-ram/am zuautaozo;ua a1t,:ntoxa asap aou op 'saanaaaS rpT-ota 'S9900•t9E uo,aoas ;a auoTstnoad au . Ana/Ya pue uateau ,Ttgnd aua ;o uotaoaaoxd 111/1alp2o; srtrT zauao aaso;u9„ oa sataTtedtortmui ptre aaYaunoo 30Aatsouana aua saztu5ooa;. Atxee•P ;tesat anhaaas 074.1. •gannaeas aptzot, '55900't8E uotaoas o auswaoao;ua to; bu'ptnazd uotaoe antaetstbat ttsooj Eup(aa. woz; pasoToazo; aou at Aztmoo aua 'aanaaas aua ;a auoTaTno.zd aua aoxa;ua oa AaunoD oasaa gazTaouane Attpot;toads '3aanaaas 2p?zoTA '55900-t8£ uotaoas urr buttlaou att'-tA saaouaood pug wet reToada ao ;azaua5 auaastsuoout aou aaouauTP10 Aatmoo via ptnoa pue Nei tv1020/18 xo Tasattab !tq pep?no.zd attn at 1uatuux0n06-;tea ;0 2914od tpng P 4 A2111100 saalt uou) (E86t YJQ u45 'eta) 65Z Pt 'c8 9E6 'aaneaxoR n Aaunon uoTay-a ;o aaauoTaaTtuatoo Aatrnoo ;O p.eog 'aas puv ag n '0S L9E 8u 9anounoog L) eanouaoog pug- utazaua pagtiasap sta paaoold) on aataod eqa 'on pe]atz3aa2 aou sz ang gapnTout zan+od stga 'Mat t»toads zo TV23u96 uaTm ausastsucout at>1z auaaxa eua OI auauuiano5 Aatt*zao ua AaaRD Oa xaMod atta anrq Tt•eus Aaunoo e ;o Apcq 6u:usaacb p•r anta2tsibat aua„ aqua t39ptno2d ' (S66t) •a81S -et/ 'to'Szt uotaoas Lu saamiloorl 111/1 LI SEM LW ' U 966t Sid 069-4 80/SOA .E)-1 169208906 MA 3141 i0 301dd0-' '3 w40t10 66-M-Fr Jul-14-99 61:09prr Frcrn-OFFICE OF THE MAYOR 9046302391 T-735 P.Or/C8 F-590 LI/K) •. I aY.4.60 DEPT.OF HFAL'Ili 1 Mgt SWIMS V. 5, p. 65S-16 tiro;iT soil is ptas:a turd will form a cast or ball that (c) Sandy loatm —20 percent or las clay and will bear much ksadliag. Wbc kntadcd to the 52 percent or more sand tad the percentage Of tilt band it Om hot criblc readily but 107.05 to work plus itirKa the per-amaze of clay wzeoda 30;or Was into a heavy camp=mass.than 7 pecans clay,leas than 50 percent;ill,and i) Sandy clay— Sandy clay teals extremely between 43 and 52 percent sand. sticky and very Fitly.When rnout and torahs a 4rm 1. Coarse sandy loam—25 percent or more very ball and preduthatsaribbon is over two niches in coarse area°oars;sand and Ices than 50 percent any length before hrcakrnsf. other stngle grade of sand. j) S,Ity clay—Silty clay reels both p'.astic and 2. Sandy scam — 30 percent or more very extremely sticky when maim and lamKs any gritty coarse,coarse,and medium sand,but lis than 25 tceltng.It fa=a firm ball and readily rtboons to percent very coarse and coarse sand,arts las than over two Inches tit length toefort it breaks.This soil 30 percent c then fine sand or very fine satin. texture i5 not Cnrnrmyt in Flari .a SONS.3. Fine sandy team—30 percent or more fine k) Clay--A clay fail extremely sticky and is sand and less that 30 percent very fine sand;or neither gritty nor floury. When moss: it forms a betwma 15 and 30 percent very coarse.coarse.Mad ribtxm error two inches to length before breaking.It medium sand:or ma% than 40 percent fine and will form a hard ball or cant which will not break very tine sand,at least half of witch is fine sand, when handled. and las than 15 percent very coarse.coarse,and 1) Organic soils--Munk,peat,and mucky peat medium rants. arc used in place of textural class names in organic 4. Very fine sandy loam•—30 percent or more sobs. Muck is well dooampcac4 organic soil very tine sand:or more than 40 perceq: fine and nAterial; pont consists of raw 0110eeoenposed very fun ;and, at least half of wbuh is very fine organic axil mati.ai;and mucky peat designates sand,and loss than IS percent very coarse.coarse, maps—pall tatormacliate in dtcomposruon between and ocdiutn and tostet tlmd peat. d) Learn — 7 to 27 percent clay, 28 to 50 3) I ttizs 4f the soli texnure classes petrzat tilt,sad lasstrban 52 pats=sand- a=cedilla to ti iuibtltaon of tits tUd fi of trirtml (e) Sfil loam—50 Pmt or morn afar and 12 to parades less than 2 millimet,-ri iii dame=are as 27 percent clay;Qt 50 to 80 pint Gilt and less follows: than 12 percent clay. in) Sands— 85 percent or more sand and the (f) Silt••--80 percent or more silt and loss than percentage of illi plus 114 times the percentage of 12 percent elsy- clay u 15 or less. 8) Sandy clay loam—20 rn 35 percent clay, I. Coarse tared — 25 psrant or mare very leas than 28 percont sat,and 45 percent or marc coarse and coarse sand and less than 50 percent any sand. other single grade of sand. b) Clay loam—27 to 40 percent clay and 20 to 2. Sand — 25 percent Or more very coarse, 4$percent sand. coarse and medium sand,but Ices than 2:percent (i) Silty clay 10401—27 to 40 pere:T.t clay and very coarse sad cootie mind, and las than 50 loss than 20 percent sand. percent either fine nand or very fine sand. j) Sandy clay—35 percent or more clay and 45 S 3 Fine sand—50 percent or more tint sand:or percent or more sand s than 25 percent very coarse. coarse. and (k) S1ty clay—40 percent or more clay and 40 edium sand and loss than 50 percent eery fine percent or more silt, sand. 1) Clay—40 percent or more clay,less than 45 4. Very fine sand—50 percent or more very fine percent sand,and loss than 40 percent sift. sand. Specie Aur4onry 154.06.381.0011.331,006 381.0065. b) 14,amy sands—AT the upper limit 85 to 90 489.553.489.357 FS La..imp/erncnrcd 154 01.361.401. percent sand and the percentage of sill plus Iso 381.C411. 381001:. 387.0025. 38€-DOS. 38)4061. mato the percentage of clay is 15 or more.at the 381 0 85.381.0065.55 .00de.3$1.0057.Pyr 1386 FS tower Emit 70 to 85 percent sand and the hutory—No 17.2242_ A .3nsea S4S_ Forrr<tny lap 6.58,ymrrara 3.1. 93.1.3.95 percentage of silt plus twice the percentage of clay s 30 or less IOD15059 Fees. I Loamy °:arse sand 25 percent or more 5•prrrhc rtwrAorrry 381.0066 F'S Lam 1m?1rr s.rta very coarse and coarse sand and teas than 50 381.466 FS furors--I,rw 2-5-05.Formerly 10D-6.59. percent any other single grade of sand. rnrnGra ta.3 88.3-17.92.Rtprafed 5-14-95 2 Loamy sand — 25 percent or more very IOD-6.060 Eastorceacrens sed Peatsl es,Right of coarse,coarse.and mcchum sand and less than 50 Entry. percent either fine rand or very fine sand Sp.cQl:/nattonry 154.06 881.0011,381.006.361.0065. 3 loamy fine Sand—50 percent or more fine 439.5.5),439.337 FS 1.4w lmplrraerard 154.01.551.001. sane;or leu than 50 percent very fine sand and less 341 0011. 381.001:. 3a10025. 351.006. 311.0061. than 25 percent very coarse,coarse, and m m 0di381 tyhs5.38)0055 38)0066.381 0x55..Peer 1385 FS. end. 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