December 15, 2009
The Mayor and Council of the Town of
Kenneth
O. Stinson, Mayor
Harold
R. Douga, Council Member
William
“BB” Loyd, Mayor-Pro-Tem
Paul
Patin, Council Member
ABSENT: None
ALSO PRESENT:
The
following Reports were submitted:
Total Payroll for November, 2009 $ 146,293.76
Total Receipts for November, 2009 $
1,254,640.60
Total Disbursements for November, 2009 $
1,185,198.42
Total Bills for November, 2009 $ 462,459.48
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Kenneth O. Stinson, Mayor called the meeting to order. Chaplin Tatum led in prayer, and there
followed the Pledge of Allegiance.
It was moved by Council Member Douga
that the minutes of prior meeting/s, copies of which were mailed to each
Council Member, be approved as written.
The motion was seconded by Council Member Merchant and carried.
Mary Vice, City Clerk gave the
monthly Administration Department report.
Floating holidays for 2010 were voted
on by the employees as follows:
Administration &
Public Works: November 26, 2010 July 2, 2010
November 12, 2010 September
3, 2010
Police: November 26, 2010 and July 2, 2010
It was moved by Council Member Patin
that the floating holidays be approved as presented. The motion was seconded by Council Member
Merchant and carried.
Bills for the month of November, 2009,
were approved and payment authorized upon a motion by Council Member Merchant,
seconded by Council Member Douga and carried.
Mayor Stinson updated the governing
authority on pending grants and projects.
It was moved by Council Member Douga
that Meyer and Associates be authorized to advertise for sealed bids for the
It was moved by Council Member Douga
that the right of way plat for the Extension of
Angela McBride, property owner of
1507 Horridge Street discussed with the
Council the reasons she was unable to have the debris removed from her property
within the time limits of the extension she was granted at the November Council
Meeting.
It was moved by Council Member Patin
to allow Ms. McBride and additional 30 days to have debris removed from said
property. The motion was seconded by Council
Member Douga and carried.
Mayor Stinson called for the property
owner/s of
It was moved by Council Member Merchant
to proceed with the demolition process of
Mayor Stinson called for the property
owner/s of
It was moved by Council Member Bujard
to proceed with the demolition process of
It was moved by Council Member
Merchant that the following 2010 Class “A” Liquor Permits be approved:
Kevin
A. Pickett
DBA: The Lucky Delta
Glenn
Floyd Cormier
DBA: Cajun Cowboy’s
1312A
Judith
A. Vice
DBA: B&B Bar
The motion was seconded by
Council Member Douga and carried.
It was moved by Council Member Douga
that the following Class “B” Liquor Permits be approved:
Kevin
Pickett
DBA: Delta Fuel Stop
Glenn
Floyd Cormier
DBA: Glenn’s Mart Grill & Deli
Malik
Kheraj
DBA: M& K Pantry #3
1603
Hwy 90 West
Retail
Investors of
DBA: Market Basket #26
1717
Hwy 90 West
Jim
Yates
DBA: E-Z Mart #369
1723
Hwy 90 West
Hien
Nguyen
DBA: Circle A Minie Mart, Inc.
1309
Hwy 90 West
Kuldip
Singh
DBA: Tiger Mart #12
The Motion was seconded by
Council Member Bujard and carried.
It was moved by Council Member
Merchant that the following Class “A” Beer Permits be approved:
Kevin
A. Pickett
DBA: The Lucky Delta
Glenn
Floyd Cormier
DBA: Cajun Cowboy’s
1312A
Judith
A. Vice
DBA: B&B Bar
Gregory
M. Love
ALYCO,
LLC
DBA: Love’s Travel Store
The motion was seconded by
Council Member Douga and carried.
It was moved by Council Member Douga
that the following Class “B” Beer Permits be approved:
Kevin
Pickett
DBA: Delta Fuel Stop
Glenn
Floyd Cormier
DBA: Glenn’s Mart Grill & Deli
Malik
Kheraj
DBA: M& K Pantry #3
1603
Hwy 90 West
Retail
Investors of
DBA: Market Basket #26
1717
Hwy 90 West
Jim
Yates
DBA: E-Z Mart #369
1723
Hwy 90 West
Hien
Nguyen
DBA: Circle A Minie Mart, Inc.
1309
Hwy 90 West
Kuldip
Singh
DBA: Tiger Mart #12
Gregory
M. Love
ALYCO,
LLC
DBA: Love’s Travel Stop
It was moved by Council Member Loyd
that the following Wrecker Permit be approved:
Ernie
L. Breaux
DBA: Breaux’s Wrecker Service
1603
Hwy 90
The motion was seconded by
Council Member Patin and carried.
Mayor Stinson informed the governing
authority that he had received a Brokers Price Opinion on the surplus property
where the old jail was located. The
value price of the property is $1,000.00.
It was moved by Council Member Douga
to accept the value price of $1,000.00 as per the Brokers Price Opinion for the
surplus property. The motion was
seconded by Council Member Merchant and carried.
Council Member Bujard discussed rules
for the
It was moved by Council Member
Merchant that the following Resolution be adopted. The motion was seconded by Council Member
Loyd and the vote cast thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
RESOULUTION
BE IT RESOLVED by the Governing
Authority of the Town of Vinton, Louisiana, in regular session convened that
the following rules be adopted and enforced for the Vinton City Park and Vinton
Skate Park:
-
Hours of Operation: 7:00 A.M. – 7:00 P.M.
-
Play/Skate at own risk
-
No Drugs allowed in Park
-
No Alcohol allowed in Park
-
No Firearms allowed in Park
BE IT FURTHER
RESOLVED that the Director of Public Works is hereby authorized to erect
Signage at said parks
displaying the foregoing rules.
APPROVED AND ADOPTED this 15th
day of December, 2009.
___________________________________
Kenneth
O. Stinson, Mayor
ATTEST:
__________________________________
Mary O. Vice, City Clerk
It was moved by Council Member Douga
to amend the agenda to allow for the introduction of two Ordinances. The motion was seconded by Council Member
Patin and carried unanimously.
Attorney Minaldi read the proposed
amendment to the Animal Control Ordinance.
It was moved by Council Member Douga
that the following Ordinance be introduced and that a Public Hearing on be held
on January 19, 2010. The motion was
seconded by Council Member Bujard and the vote cast thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
ORDINANCE
AN ORDINANCE AMENDING CHAPTER 5, ANIMALS AND FOWLS, OF THE CODE OF ORDINANCES OF THE TOWN OF VINTON; DELETING EXISTING SECTIONS 5-3 AND 5-4 OF ARTICLE I, AND DELETING EXISTING ARTICLES II, III AND IV, AND SUBSTITUTING IN THEIR PLACE THE BELOW ARTICLES II, III AND IV
PUBLIC NOTICE
PUBLIC NOTICE IS
HEREBY GIVEN IN ACCORDANCE
WITH THE PROVISIONS
OF LSA-R.S. 33:406b(2) OF
THE INTRODUCTION
BEFORE THE MAYOR AND
COUNCIL OF THE TOWN
OF
AN ORDINANCE ENTITLED
AS FOLLOWS, TO-WIT:
ORDINANCE
AN ORDINANCE AMENDING CHAPTER 5, ANIMALS AND FOWLS, OF
THE CODE OF ORDINANCES OF THE TOWN OF VINTON; DELETING EXISTING SECTIONS 5-3
AND 5-4 OF ARTICLE I, AND DELETING EXISTING ARTICLES II, III AND IV, AND
SUBSTITUTING IN THEIR PLACE THE BELOW ARTICLES II, III AND IV
PUBLIC NOTICE
IS HEREBY FURTHER GIVEN THAT A PUBLIC
HEARING WILL BE HELD
IN CONNECTION WITH THE
ADOPTION OF SAID
ORDINANCE AT A REGULAR
MEETING OF THE MAYOR
AND COUNCIL AT 6:00 P.M.,
ON THE 19th
DAY OF JANUARY, 2010, AT THE REGULAR
MEETING PLACE OF SAID MAYOR AND COUNCIL, AT CITY
HALL,
IMMEDIATELY AFTER
SAID PUBLIC HEARING THE COUNCIL
WILL CONSIDER ADOPTION OF SAID ORDINANCE.
Attorney Minaldi read the proposed
Ordinance regarding minimum lot size requirement.
It was moved by Council Member Bujard
that the following Ordinance be introduced and that a Public Hearing on be held
on January 19, 2010. The motion was seconded
by Council Member Douga and the vote cast thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
ORDINANCE
ORDINANCE PROVIDING FOR MINIMUM
AND FOR ADDITION OF SECTION 7-11
REGARDING
MINIMUM
PUBLIC NOTICE
PUBLIC NOTICE IS
HEREBY GIVEN IN ACCORDANCE
WITH THE PROVISIONS
OF LSA-R.S. 33:406b(2) OF
THE INTRODUCTION
BEFORE THE MAYOR AND
COUNCIL OF THE TOWN
OF
AN ORDINANCE ENTITLED
AS FOLLOWS, TO-WIT:
ORDINANCE
ORDINANCE PROVIDING FOR MINIMUM
AND FOR ADDITION OF SECTION 7-11
REGARDING
MINIMUM
PUBLIC NOTICE
IS HEREBY FURTHER GIVEN THAT A PUBLIC
HEARING WILL BE HELD
IN CONNECTION WITH THE
ADOPTION OF SAID
ORDINANCE AT A REGULAR
MEETING OF THE MAYOR
AND COUNCIL AT 6:00 P.M.,
ON THE 19th
DAY OF JANUARY, 2010, AT THE REGULAR
MEETING PLACE OF SAID MAYOR AND COUNCIL, AT CITY
HALL,
IMMEDIATELY AFTER
SAID PUBLIC HEARING THE COUNCIL
WILL CONSIDER ADOPTION OF SAID ORDINANCE.
Attorney Minaldi read the proposed
Amendment to the Fire Department Ordinance.
It was moved by Council Member Douga
to recess the meeting for a Public Hearing on the proposed Ordinance. The motion was seconded by Council Member
Loyd and carried.
There being no public comment, it was
moved by Council Member Douga that the regular meeting be re-convened. The motion was seconded by Council Member
Loyd and carried.
It was moved by Council Member Douga that
the following Ordinance be adopted. The
motion was seconded by Council Member Loyd and the vote cast thereon was as
follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
ORDINANCE
AN
ORDINANCE REVISING SECTION 10-23 OF THE CODE OF ORDINANCES OF THE TOWN OF
VINTON TO INCREASE MEMBERS OF VOLUNTEER FIRE DEPARTMENT; AND TO DELETE SECTIONS
10-75, 10-76 & 10-77 REGARDING FIRE MARSHAL, AND TO AMEND SECTION 10-45
REGARDING DUTIES OF FIRE CHIEF
TO ADD
DUTIES OF FORMER FIRE MARSHAL
WHEREAS,
the Code Of Ordinances of the Town Of Vinton (“Vinton”) presently allows for twenty
eight (28) volunteer fire fighters in Vinton’s Volunteer Fire Department
(Section 10-23); and
WHEREAS,
the Fire Chief is authorized by the Code Of Ordinances to determine the number
and kind of companies of which the department is to be composed and shall
determine the response of such companies to alarms (Section 10-43);
WHEREAS,
the Fire Chief has determined that the Volunteer Fire Department should have
thirty-five (35) members, instead of the present number of twenty-eight (28);
and
WHEREAS,
the office of Fire Marshal has been vacant, and the Fire Chief has been
undertaking the duties of the Fire Marshal; and
WHEREAS, office of Fire
Marshal is unnecessary if the duties of the Fire Marshal continue to be
undertaken and performed by the Fire Chief; and
WHEREAS, the office of
Fire Marshal should be dissolved and the duties the Fire Marshal officially
should be transferred to the Fire Chief.
NOW,
THEREFORE, IT IS MOVED:
That Section 10-23 of the Code of Ordinances,
Sec. 10-23.
Membership.
(a) The membership of the department shall
consist of such persons as may be appointed by the chief and shall be
able-bodied citizens residing within the town, preferably property owners whose
business activities are normally within the confines of the town, and who have
telephones in their homes.
(b) The number of members shall be thirty-five
(35) firemen including the fire chief.
(c) The chief may order a medical and
physical examination, at the expense of the town, to determine whether any
applicant for membership is able-bodied; provided that, before any medical
expense shall be incurred, the chief shall obtain the approval of the mayor.
(d) Any member of the department may be
suspended or discharged by the chief at any time he may deem such action
necessary for the good of the department, reserving to the suspended or
discharged member his right of appeal under section 10-22(b).
(Ord. No. 196, § 4,
That Sections 10-75, 10-76 and 10-77 of the Code are repealed, and that Code Section enumerations 10-75, 10-76 and 10-77 are reserved for future use.
That Section 10-45 of
the Code of Ordinances,
Sec. 10-45. Same--Investigation of fires.
After a fire has been
extinguished, the chief shall continue to have full control and supervision of
the building and premises on which said fire occurred and shall issue orders as
may be necessary to preserve the scene for investigation purposes and prohibit
the destruction and/or removal of any debris or other evidence.
The chief shall
investigate the cause, origin and circumstances of all fires and, when he has
cause to believe that the crime of arson has been committed, he shall report
all the facts within his possession to the sheriff of the parish and to the
state fire marshal.
The chief shall work to
suppress the crime of arson through the investigation of the cause, origin and
circumstances of all fires.
______________________________________
Mary
O. Vice, City Clerk
I HEREBY CERTIFY that the fore- The
foregoing Ordinance is
going
Ordinance has been presented hereby
approved and
to
the Mayor this 15th day of returned
to the Town Clerk this
December,
2009. 16th
day of December, 2009.
______________________________ ____________________________
City Clerk Mayor
Attorney Minaldi read the proposed
Ground Water Protection Ordinance.
It was moved by Council Member Loyd
to recess the meeting for a Public Hearing on the proposed Ordinance. The motion was seconded by Council Member
Merchant and carried.
There being no public comment, it was
moved by Council Member Merchant that the regular meeting be re-convened. The motion was seconded by Council Member
Bujard and carried.
It was moved by Council Member Douga
that the following Ordinance be adopted.
The motion was seconded by Council Member Merchant and the vote cast
thereon was as follows:
YEAS: Council Members Bujard, Douga, Loyd, Merchant
and Patin
NAYS: None
ABSENT: None
AN ORDINANCE
ESTABLISHING AND FOSTERING GROUND WATER AND DRINKING WATER PROTECTION; ADOPTING
DIVISION 3, SECTION 25-74 OF THE CODE OF ORDINANCES WHICH PROVIDE FOR GROUND
WATER AND DRINKING WATER PROTECTION, AND DRINKING WATER PROTECTION CRITICAL
AREAS, AND FOR REGULATION OF ACTIVITIES POTENTIALLY HARMFUL TO GROUND WATER AND
DRINKING WATER
WHEREAS, the Town of Vinton
believes it desirable and prudent to have a safe drinking water environment for
the sources of the Town of Vinton’s drinking water sources; and
WHEREAS, the Town of Vinton believes it desirable and prudent
to establish certain provisions to protect the sources and processes of the
drinking water of the Town of Vinton; and
WHEREAS, the Town of Vinton
believes establishing zones around its water wells and water facilities within
which activities potentially hazardous to the drinking water of the Town of
Vinton would be prohibited; and
WHEREAS, the Board of Aldermen
of the Town of
Be it
ordained on this 15th Day of December , 2009 , by the Board of Aldermen
of the Town of
That
the Code of Ordinances,
DIVISION 3.
GROUND WATER PROTECTION
Sec.
25-74 Ground Water Protection Provisions
Section 1 Title and Purpose
This ordinance, titled the Ground Water Protection Ordinance,
establishes a Drinking Water Protection Critical Area around each water well
serving an active public water system.
The underlying purpose and intent of this ordinance is to
safeguard the health, safety, and lives of the public by protecting ground
water from contamination.
Section 2 Applicability
This Ground Water Protection Ordinance, and the Drinking Water
Protection Critical Area(s) created hereby, shall apply to and include all new
construction, reconstruction, or expansion of existing buildings and new or
expanded uses. These
activities/facilities/uses must comply with the requirements of both the
Drinking Water Protection Critical Area(s) and any applicable land use
regulations or covenants, public or private.
This ordinance (Ground Water Protection Ordinance) is distinct
from and not a part of any land use regulations or covenants, public or
private, that may exist in the Town of
Section 3 Definitions
ABANDONED WATER WELL. A
well that’s use has been permanently discontinued; its pumping equipment has
been permanently removed; the well is in such a state of disrepair that it
cannot be used to supply water and/or has the potential for transmitting
surface contaminants into an aquifer; the well poses potential health or safety
hazards, or the well is in such a condition that it cannot be placed in the
active, standby, or inactive status.
ABOVE GROUND STORAGE TANK (AST). A vessel, used to store petroleum products or
chemicals that is fixed permanently in place (stationary) on foundations,
racks, cradles or stilts, or on the ground.
The term does not include tanks mounted on wheels, trolleys, skids,
pallets, or rollers or produced substance storage tanks directly related to oil
and gas production and gathering operations.
APPLICANT. Person or persons applying for a special permit for
a facility within the Drinking Water Protection Critical Area(s).
ANIMAL FEEDLOT/ DAIRIES.
A lot or facility (other than an aquatic animal production facility)
where animals have been, are, or will be stabled or
confined and fed or maintained for a total of 45 days or more in any 12-month
period, and crops, vegetation, forage growth, or post-harvest residues are not
sustained in the normal growing season over any portion of the lot or facility.
AQUIFER. A water-bearing
rock, sand or gravel layer that will yield water in a usable quantity to a well
or spring.
CLASS I WELL. Wells used
to inject hazardous wastes or dispose of non-hazardous industrial waste and
treated municipal sewage below the deepest underground source of drinking
water.
CLASS II WELL. Wells
used to inject fluids associated with the production of oil and natural gas or
fluids and compounds used for enhanced hydrocarbon recovery. These wells normally inject below the deepest
underground source of drinking water (USDW) except in cases where the USDW contains
producible quantities of oil or gas.
CLASS III WELL. Wells
that inject fluids used in subsurface mining of minerals.
CLASS V WELL. Wells not
included in the other classes that inject nonhazardous fluid into or above an
underground source of drinking water. (The seven major types of Class V wells
include drainage wells, geothermal reinjection wells, domestic wastewater
disposal wells, mineral and fossil fuel recovery related wells,
industrial/commercial/utility disposal wells, recharge wells and miscellaneous
wells. Class V injection wells also include all large-capacity cesspools and
motor vehicle waste disposal wells.)
CONTAMINATION. The
presence of a material that may cause or significantly contribute to a present
or potential risk to human health, safety, welfare, or that is present in
ground water resources or to the natural environment such that it degrades the
quality of the resource so as to constitute a hazard and/or impair its use.
DELINEATION. Determining
the outline or shape of a drinking water protection area.
DRINKING WATER PROTECTION AREA. The area around a drinking
water source, such as a well or surface water intake, such as delineated by the
Louisiana Department of Environmental Quality as part of the Source Water
Assessment Program. This area is shown on Source Water Assessment Program maps
and contains the Drinking Water Protection Critical Area.
DRINKING WATER PROTECTION CRITICAL AREA. A 1000 ft. radial
boundary from any water well serving an active public water system.
GROUND WATER. The water
contained in the interconnected pores located below the ground in an
aquifer.
HAZARDOUS MATERIALS. A material that may cause or significantly
contribute to a present or potential risk to human health, safety, welfare, to
ground water resources or to the natural environment.
OR
That is defined in the following categories:
Ignitable: A gas, liquid or solid which may cause fires through
friction, absorption of moisture, or which has low flash points. Examples:
white phosphorous and gasoline. Carcinogenic: A gas, liquid, or solid which is
normally considered to be cancer causing or mutagenic. Examples: PCB’s in some
waste oils. Explosive: A reactive gas, liquid or solid that will vigorously and
energetically react uncontrollably if exposed to heat, shock, pressure or
combinations thereof. Examples:
dynamite, organic peroxides and ammonium nitrate. Highly toxic: A gas, liquid,
or solid so dangerous to man as to afford unusual hazard of life. Example:
chlorine gas. Moderately Toxic: A gas, liquid or solid that through repeated
exposure or in a single large dose can be hazardous to man. Corrosive: Any
material, whether acid or alkaline, which will cause severe damage to human
tissue, or in case of leakage might damage or destroy other containers of
hazardous materials and cause the release of their contents. Examples: battery
acid and phosphoric acid.
OR
The following items listed below and by-products, reaction
products, or waste products generated from the use, handling, storage, or
production of these items.
Acid and base cleaning solutions, antifreeze and coolants, new
or used, arsenic and arsenic compounds, batteries, new and used, brake and
transmission fluid, oils/greases/lubricants, brine solution casting and foundry
chemicals, caulking agents and sealants, cleaning solvents, cutting fluids,
degreasing solvents, disinfectants, electroplating solutions, explosives,
fertilizers, food processing wastes, fuels and additives, glues, adhesives, and
resins, greases, hydraulic fluid industrial and commercial janitorial supplies,
industrial sludges and stillbottoms, inks, printing and photocopying chemical,
laboratory chemicals, metal finishing solutions, oils (petroleum based),
paints, primers, thinners, dyes, stains, wood preservatives, paint solvents,
and paint removing compounds, pesticides and herbicides, plastic resins and
catalysts, plasticizers, photo development chemicals, pool chemicals, roofing
chemicals and sealers,
solders and fluxes, tanning industry chemicals, transformer and
capacitor oils/fluids.
IMPERVIOUS SURFACE. A surface covered by a material that is
relatively impermeable to water.
INACTIVE WATER WELL. A
well is considered to be inactive if it is not presently operating but is
maintained in such a way that it can be put back in operation, with a minimum
of effort, to supply water.
NORMAL HOUSEHOLD USE.
Storage or use of a hazardous material in quantities less than 5 gallons
if liquid or 50 pounds if solid.
PERSON. An individual, corporation, joint venture, incorporated
association, public or private corporation, partnership, governmental body or
other similar entity, public or private.
PROMISCUOUS DUMP. Any
collection of solid waste either dumped or caused to be dumped or placed on any
property either public or private, whether or not regularly used, and not
authorized by the administrative authority (Louisiana Department of
Environmental Quality).
PUBLIC WATER SUPPLY. A
water supply that provides water through constructed conveyances to the public
for at least fifteen service connections or regularly serves an average of at
least twenty-five individuals daily for at least sixty days per year.
SANITARY LANDFILL. A
landfill for the disposal of commercial or residential solid waste by deposit
in a landfill in layers covered with suitable cover material of a depth and at
a frequency adequate to control disease vectors and odors, and in such a manner
that minimizes the risk to human health and the environment.
SECURED STORAGE. Natural
or created barrier to site ingress or egress around the entire perimeter of the
hazardous materials storage area.
SOURCE WATER ASSESSMENT PROGRAM. Section 1453 of the Safe Drinking Water Act
Amendments of 1996 required each state to develop a Source Water Assessment
Program that will: delineate areas providing drinking water for all public
water supplies (ground water and surface water) and inventory drinking water
supplies for potential contaminants which may have adverse effects on human
health.
WELL. Any excavation
that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise
constructed for conveying ground water to the surface, monitoring ground water
levels or other characteristics, providing cathodic protection, or providing a
method of injecting water into the aquifer system from above the earth’s
surface.
Section 4 Establishment and Delineation of
the Drinking Water Protection Critical
Area(s).
This ordinance hereby establishes within the Town of Vinton,
Calcasieu Parish certain Drinking Water Protection Critical Areas, each defined
as the area within a 1000 foot radial boundary from any water well serving an
active public water system.
Section 5 Prohibited Uses
The following
uses, unless granted a special exception, are prohibited
within the Drinking Water Protection Critical Area(s):
abandoned water wells, above ground storage tanks, agriculture chemical-
formulation/distribution facilities, airports, animal feed lots/dairies,
asphalt plants, auto/boat/tractor/small engine shops, battery recyclers, body
shop/paint shops, car washes, cemeteries, chemical plants, class I injection
wells, class II injection wells, class III injection wells, class V injection
wells, dry cleaner/laundromats, funeral homes, furniture stripping facilities,
golf courses, hospitals, irrigation wells, lumber mills, metal plating/metal
working facilities, military facilities,
non-functional on site sewage systems,
nuclear plants, oxidation ponds, paper mills, petroleum bulk plants,
pipeline compressor stations, plant nurseries, port facilities, power plants,
printing shops, promiscuous dumps, railroad yards- switching/loading and
offloading/maintenance, salvage yards, sand/gravel pits, sanitary landfills,
sewer lift stations, sewer treatment plants, truck terminals, underground
storage tanks, wood preserving plants.
Section 6
Exceptions
Any of the land uses, facilities or activities identified in
Section 5 lawfully in existence on the effective date of this ordinance may
continue to exist on the parcel upon which it is located. Replacement or repair of said uses is
permissible. If any of these land uses,
facilities, or activities in existence
on the effective date of this ordinance undergoes a change of ownership, it may
continue to exist providing the type of use remains the same. If any of these land uses, facilities, or
activities ceases to operate for a period of six (6) months, the Town of
A.) Uses and Activities Requiring Special Permit
The following
uses and activities are permitted only upon the issuance of a
special permit by the Public Works Department of Town of Vinton
under such conditions as there exists an undue hardship and as they may
require:
1.
Enlargement or alteration
of existing uses that do not conform to the Drinking Water Protection Critical
Area(s);
2.
Restarting operation of a
use the Town of
3.
Those activities that
involve the handling of hazardous materials in quantities greater than those
associated with normal household use, permitted in any land use regulation or covenant,
public or private (except as prohibited in Section 5).
The burden is on the applicant to show undue hardship.
B.) Procedures for issuance of special permit
1.
The Public Works Department
of the Town of
The SPGA shall not grant a special permit under this section
unless the petitioner’s application materials include, in the SPGA’s opinion,
sufficiently detailed, definite, and credible information to support positive
findings in relation to the standards and criteria given in this section. The SPGA shall document the basis for any
departures from the requirements of this ordinance in its decision.
2.
The petitioner in the
application shall furnish, with his application, not less than 5 copies of the
application.
3.
The SPGA may grant the
required special permit only upon finding that the proposed use meets the
prohibited uses standards as specified in Section 5 of this ordinance, as well
as all federal, state, and local regulations, and any regulations or guidelines
adopted by the SPGA.
4.
The applicant shall file
5 copies of a site plan and
attachments. The site plan shall be
drawn at a proper scale as determined by the SPGA and be stamped by a
professional engineer. All additional
submittals shall be prepared by qualified professionals. The site plan and its
attachments at a minimum shall include provisions to protect against the
discharge of hazardous materials or wastes to the environment due to spillage,
accidental damage, corrosion, leakage, or vandalism, including spill
containment and clean-up procedures; provisions for indoor, secured storage of
hazardous materials and wastes with impervious floor surfaces.
5.
If the SPGA determines that
a special permit should be granted, the SPGA shall cause the request for the special
permit, and the SPGA’s determination that it should be granted, on the agenda
of the Board of Aldermen for approval of the special permit.
6.
Appeals from denial of
special permits shall be submitted in writing (letter form) to the Board of
Aldermen of the Town of
Section 7 Saving Clause
Should any section or provision of this ordinance be declared
invalid, such decision shall not affect the validity of the ordinance as a
whole or any other part thereof and shall not invalidate any special permit
previously issued thereunder.
Section 8 Complaints
A.)
Based upon the
determination that there is a violation of this ordinance, the Public Works
Department of the Town of
a.
Notify the violator by mail
of the violation of this ordinance and desire of the Public Works Department of
the Town of
b.
Make a good faith effort to
meet the violator and resolve and correct the violation.
B.)
If after taking the steps above and after a
period of 15 days following the mailing of the notice of the violation, the
Public Works Department of the Town of Vinton in good faith determines that the
violator is unwilling to participate in informal reconciliation and take the
corrective actions prescribed, the Public Works Department of the Town of
Vinton shall notify the violator by mail of the termination of the informal
reconciliation.
C.)
The Public Works Department of the Town of
D.)
Citizen Complaints. The Public Works Department of the Town of
Section 9 Enforcement
A.) Civil
This ordinance may be enforced civilly by suit for injunctive
relief or by any other appropriate civil remedy.
B.)Criminal
In lieu of a civil enforcement proceeding, a person found in
violation of this ordinance by the Mayor’s Court shall be imprisoned for a
period of time not to exceed 6 months or pay a fine of not more than $1000 or
both.
The effective
date of this ordinance shall be 10 days after publication.
______________________________________
Mary
O. Vice, City Clerk
I HEREBY CERTIFY that the fore- The
foregoing Ordinance is
going
Ordinance has been presented hereby
approved and
to
the Mayor this 15th day of returned
to the Town Clerk this
December,
2009. 16th
day of December, 2009.
______________________________ ____________________________
City Clerk Mayor
Chief of Police, Ricky Fox gave the
monthly police department report.
Mrs. Jana Deason announced that she
has opened an Insurance Agency located at
There
being no further business to come before the Governing Authority, it was moved
by Council Member Douga that the meeting be adjourned. The motion was seconded by Council Member Merchant
and carried.
______________________________
Kenneth O. Stinson, Mayor
ATTEST:
___________________________
Mary
O. Vice, City Clerk