VINTON, LA

                December 15, 2009

 

                The Mayor and Council of the Town of Vinton, Louisiana, met in regular session at the regular meeting place of said Mayor and Council, in the Town Hall, Vinton, Louisiana, at 6:00 p.m. on the 15th day of December, 2009, with the following members present:

 

                                                                                Kenneth O. Stinson, Mayor

                                                                                Bliss Bujard, Council Member

                                                                                Harold R. Douga, Council Member

                                                                                William “BB” Loyd, Mayor-Pro-Tem

                                                                                Kevin Merchant, Council Member

                                                                                Paul Patin, Council Member

                                                                                                                                                                                                               

                                ABSENT:                              None

 

                                ALSO PRESENT:               Thad Minaldi, Town Attorney

 

                                                                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

 

 

 

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 West Street Sidewalk Extension (Phase II) Project.  The motion was seconded by Council Member Loyd and carried.

 

                                It was moved by Council Member Douga that the right of way plat for the Extension of Center Street Bridge and Entrance Road Economic Development Project be accepted.  The motion was seconded by Council Member Merchant and carried.

 

                                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 1519 Vincent Street to come forward to show cause as to why the structure/s located on said property should not be demolished.  The property owner/s or representative thereof was not present for the hearing.

 

                                It was moved by Council Member Merchant to proceed with the demolition process of 1519 Vincent Street.  The motion was seconded by Council Member Bujard and carried.

 

                                Mayor Stinson called for the property owner/s of 1103 West Street to come forward to show cause as to why the structure/s located on said property should not be demolished.  The property owner/s or representative thereof was not present for the hearing.

 

                                It was moved by Council Member Bujard to proceed with the demolition process of 1103 West Street.  The motion was seconded by Council Member Patin and carried.

 

                                It was moved by Council Member Merchant that the following 2010 Class “A” Liquor Permits be approved:

 

                                                                                                Kevin A. Pickett

                                                                                                DBA:  The Lucky Delta

                                                                                                1903 West Street

                                                                                                Vinton, LA  70668

 

                                                                                                Glenn Floyd Cormier

                                                                                                DBA:  Cajun Cowboy’s

                                                                                                1312A Gum Cove Road

                                                                                                Vinton, LA  70668

                                                                                               

                                                                                                Judith A. Vice

                                                                                                DBA:  B&B Bar

                                                                                                1313 Horridge Street

                                                                                                Vinton, LA  70668

 

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    

                                                                                                1907 West Street

                                                                                                Vinton, LA  70668

 

                                                                                                Glenn Floyd Cormier

                                                                                                DBA:  Glenn’s Mart Grill & Deli

                                                                                                1312 Gum Cove Road

                                                                                                Vinton, LA  70668

 

                                                                                                Malik Kheraj

                                                                                                DBA:  M& K Pantry #3

                                                                                                1603 Hwy 90 West

                                                                                                Vinton, LA  70668

 

                                                                                                Retail Investors of Texas

                                                                                                DBA:  Market Basket #26

                                                                                                1717 Hwy 90 West

                                                                                                Vinton, LA  70668

 

                                                                                                Jim Yates

                                                                                                DBA:  E-Z Mart #369

                                                                                                1723 Hwy 90 West

                                                                                                Vinton, LA  70668

 

                                                                                                Hien Nguyen

                                                                                                DBA:  Circle A Minie Mart, Inc.

                                                                                                1309 Hwy 90 West

                                                                                                Vinton, LA  70668

 

                                                                                                Kuldip Singh

                                                                                                DBA:  Tiger Mart #12

                                                                                                1410 Gum Cove Road

                                                                                                Vinton, LA  70668

 

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

                                                                                                1903 West Street

                                                                                                Vinton, LA  70668

 

                                                                                                Glenn Floyd Cormier

                                                                                                DBA:  Cajun Cowboy’s

                                                                                                1312A Gum Cove Road

                                                                                                Vinton, LA  70668

                                                                                               

                                                                                                Judith A. Vice

                                                                                                DBA:  B&B Bar

                                                                                                1313 Horridge Street

                                                                                                Vinton, LA  70668

 

                                                                                                Gregory M. Love

                                                                                                ALYCO, LLC

                                                                                                DBA:  Love’s Travel Store

                                                                                                2024 A West Street

                                                                                                Vinton, LA  70668

 

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    

                                                                                                1907 West Street

                                                                                                Vinton, LA  70668

 

                                                                                                Glenn Floyd Cormier

                                                                                                DBA:  Glenn’s Mart Grill & Deli

                                                                                                1312 Gum Cove Road

                                                                                                Vinton, LA  70668

 

                                                                                                Malik Kheraj

                                                                                                DBA:  M& K Pantry #3

                                                                                                1603 Hwy 90 West

                                                                                                Vinton, LA  70668

 

                                                                                                Retail Investors of Texas

                                                                                                DBA:  Market Basket #26

                                                                                                1717 Hwy 90 West

                                                                                                Vinton, LA  70668

 

                                                                                                Jim Yates

                                                                                                DBA:  E-Z Mart #369

                                                                                                1723 Hwy 90 West

                                                                                                Vinton, LA  70668

 

                                                                                                Hien Nguyen

                                                                                                DBA:  Circle A Minie Mart, Inc.

                                                                                                1309 Hwy 90 West

                                                                                                Vinton, LA  70668

 

                                                                                                Kuldip Singh

                                                                                                DBA:  Tiger Mart #12

                                                                                                1410 Gum Cove Road

                                                                                                Vinton, LA  70668

 

                                                                                                Gregory M. Love

                                                                                                ALYCO, LLC

                                                                                                DBA:  Love’s Travel Stop

                                                                                                2024 A West Street

                                                                                                Vinton, LA  70668

 

                                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

                                                                                                Vinton, LA  70668

               

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 Skate Park and City Park and requested that signage be put up at both parks.

 

                                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 VINTON, LOUISIANA, 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, TOWN OF VINTON, LOUISIANA, AND THAT

                                                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 LOT SIZE

AND FOR ADDITION OF SECTION 7-11 REGARDING

MINIMUM LOT SIZE AND RESIDENTIAL USE

 

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 VINTON, LOUISIANA, OF

                                                AN ORDINANCE ENTITLED AS FOLLOWS, TO-WIT:

 

                                                           ORDINANCE

ORDINANCE PROVIDING FOR MINIMUM LOT SIZE

AND FOR ADDITION OF SECTION 7-11 REGARDING

MINIMUM LOT SIZE AND RESIDENTIAL USE

 

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, TOWN OF VINTON, LOUISIANA, AND THAT

                                                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, Town of Vinton, Louisiana, is hereby amended to read as follows:

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, 3-14-50; Mo. of 3-18-86)

 

            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, Town of Vinton, Louisiana, is hereby amended to read as follows:

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 Vinton desire to adopt this ground water protection ordinance to accomplish the above described goals and objectives.

 

Be it ordained on this 15th Day of December , 2009 , by the Board of Aldermen of the Town of Vinton, Calcasieu Parish, State of Louisiana the following:

 

That the Code of Ordinances, Town of Vinton, Louisiana, is hereby amended by adding a section, to be numbered Division 3, Section 25-74, which said division and section read as follows:

 

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 Vinton.

 

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 Vinton may deem it to be abandoned.  Then, restarting an abandoned operation is prohibited unless a special permit is granted by the Board of Aldermen of the Town of Vinton.

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 Vinton deemed to be abandoned that was previously in lawful existence on the effective date of this ordinance;

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 Vinton shall be the Special Permit Granting Authority (“SPGA”) for this ordinance.  Such special permit shall be granted if the SPGA determines, in conjunction with the approval Board of Aldermen of the Town of Vinton, that the intent of this ordinance, as well as its specific criteria, is met. 

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 Vinton within thirty days of receipt of denial.  The Board of Aldermen of the Town of Vinton shall conduct a review and render a decision within thirty days of receipt of appeal request.  Adverse decision of the Board of Aldermen of the Town of Vinton  shall be appealed to the state district court.

 

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 Vinton shall conduct an attempt at informal reconciliation with the violator.  As part of such informal reconciliation, the Public Works Department of the Town of Vinton:

a.       Notify the violator by mail of the violation of this ordinance and desire of the Public Works Department of the Town of Vinton to correct the violation through informal reconciliation.  The statement shall also indicate that should the violator refuse to allow the recommended corrective actions within the time set forth by the Public Works Department of the Town of Vinton, action may be taken to correct the violation and the violator will be billed for the cost of taking the corrective action.

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 Vinton may take corrective actions deemed necessary following 5 days after notifying the violator by mail of the notice of termination of the informal reconciliation, and bill the violator for the reasonable cost of such action.

D.)    Citizen Complaints.  The Public Works Department of the Town of Vinton is not limited to enforcing this ordinance on citizen complaint.  The Public Works Department of the Town of Vinton may enforce this ordinance on its own cognizance.  However, any person may submit a verbal or written complaint alleging a violation of this ordinance.  Upon receipt of such complaint, the Public Works Department of the Town of Vinton shall conduct an investigation of the allegations, and shall present its findings both to the complainant and the property owner involved, and shall follow the procedures set forth herein above.

 

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.

 

                             Terry Vice, Director of Public Works gave the monthly public works and electrical department reports.

 

                                Jerry Merchant, Fire Chief gave the monthly fire and civil defense reports.

 

                                Mrs. Jana Deason announced that she has opened an Insurance Agency located at 1406 Loree Street.  She offers home, vehicle and health coverage and invites anyone looking for insurance or wanting to get a quote to come by and see her.

 

                                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