Public Notices the week of 8/11/2010
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Posting Notice for A COMPETITIVE

Job Opening

Laborer I

Essential duties and responsibilities:

Changes water and gas meters. Repairs water, gas and sewer leaks. Installs water, gas and sewer taps. Assist in laying of pipe, pouring concrete, patching potholes, installing traffic signs, cutting grass, trash removal or any other duties assigned by a Public Works/Utility Foreman or Crew Chief or Director.

Qualifications/Education Required:

High school graduate or equivalent. Valid Louisiana Commercial Driver’s License required at time or employment or within six-month probation period.

Other Skills and Abilities Required:

Must be able to follow oral instructions from supervisors. Must be able to obtain, within a specified time period, and retain certain federally-required certificates relating to public works and utilities.

Physical Requirements:

Must be in good physical condition. Must be able to handle physical labor. Requires regular standing or walking, and lifting.

Applications may be obtained from City Hall at 4700 Main Street from 8am-4:30pm Monday thru Friday. All applicants must be 18 years of age and submit with their application a copy of a valid driver’s license and high school diploma or certificate of equivalency to qualify for the position.

Completed applications must be received by Ashlee Anderson at the above address by September 2, 2010.

#1554

Publish: 8/4/10, 8/11/10, 8/18/10, 8/25/10

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MINUTES

Meeting of Mayor and Council

City of Zachary, LA

Council Chambers, 4700 Main Street

June 22, 2010

6:30 p.m.

A. CALL TO ORDER

The meeting was called to order by Mayor Henry J. Martinez at 6:30 p.m. on June 22, 2010, at the Zachary City Hall located at 4700 Main Street in Zachary, Louisiana.

B. INVOCATION AND PLEDGE OF ALLEGIANCE

The invocation was given by Councilman Francis Nezianya.

The Pledge of Allegiance was led by Police Chief John Herty.

C. ROLL CALL

The following members were present at the meeting:

MAYOR

Henry J. Martinez

COUNCIL MEMBERS

Councilman Francis Nezianya

Councilman John Coghlan

Councilman Dan Wallis

Councilman Melvin Riley

ABSENT

Councilman Randall Bouley

D. HONORS, RECOGNITIONS AND INTRODUCTIONS

There were no honors, recognitions or introductions to be had.

E. MINUTES

The motion was made by Councilman

The motion was seconded by Councilman

To waive the reading of the minutes of June 8, 2010, and approve them with corrections.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

F. PRESENTATION OF DELEGATIONS

1. Requests to Speak

Mayor Martinez recognized Larry Powenski, representing Fire District #1, who presented the city a check in the amount of $218,794 for fire services provided for residents who live outside of the city limits and in the Fire District #1 for the which the District contracts with city to provide.

2. Hardship Waivers

a. Renewal: Theresa Hartley, 4735 Rush Avenue, Zachary

The motion was then made by Councilman Coghlan

The motion was seconded by Councilman Wallis

To approve a one-year renewal of the hardship waiver to allow a mobile home to be at 4735 Rush Avenue, Zachary, LA.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

3. Other Waivers

a. Request for Waiver: Andrew Benton

To waive the requirement for a dust free apron on the beginning of the driveway at 6585 Ronnie Street.

The motion was then made by Councilman Wallis

The motion was seconded by Councilman Coghlan

To grant a waiver of the regulations requiring a dust free apron at the beginning of the driveway at 6585 Ronnie Street for Andrew Benton.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

b. Request for Waiver: Tina Thompson

To approve a waiver of Occupational Regulations to allow a home occupation at 1860 Pointe South.

The motion was then made by Councilman Coghlan

The motion was seconded by Councilman Nezianya

To grant a waiver of the occupational license regulations and allow a home occupation to be operated at 1860 Pointe South by Tina Thompson.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

c. Request for Waiver: Katie Griffin

To approve a waiver of Occupational License regulations to allow a home occupation to be operated at 3721 Cypress Park Drive.

The motion was then made by Councilman Riley

The motion was made by Councilman Coghlan

To grant a waiver of the occupational license regulations and allow a home occupation to be operated at 3721 Cypress Park Drive by Katie Griffin.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

Exceptions to Regulations

There were no exceptions to regulations to be considered.

G. ACTION MANDATED BY HOME RULE CHARTER

There were no actions mandated by Home Rule Charter to be considered.

H. H. PLANNING & ZONING MATTERS

1. Minutes of Planning Meeting of June 7, 2010 and

Zoning Meeting of June 7, 2010 Meeting

The minutes were accepted that the June 8, 2010 Council Meeting.

2. Planning Matters REQUIRING a Public Hearing:

There were no Planning Matters requiring public hearings to be heard.

Planning Matters NOT Requiring a Public Hearing:

There were no Planning Matters NOT requiring public hearing to be heard.

Zoning Matters Requiring a Public Hearing

Rezoning of Portion of Lot C1C3A, Suite B and C of the

H. W. Wheeler Tract form C-1 to C-AB-1.

Mayor Martinez declared a Public Hearing to be in session.

Present to speak in favor of the rezoning: Ronnie Jett, owner and developers

Present to speak against the rezoning: Owner of Ambrosia (a Convenience Store also located on property)

The public hearing was declared closed.

The motion was then made by Councilman Coghlan

The motion was seconded by Councilman Nezianya

To approve the rezoning of a Portion of Lot C1C3A, Suite B and C of the H. W. Wheeler Tract from C-1 to C-AB-1.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

Rezoning of Portion of Lot 8-A, Suite C and D, of the W. T. Cathcart Tract from C-1 to C-AB-2

Mayor Martinez declared a public hearing to be in session.

Present to speak in favor of the rezoning: None

Present to speak against the rezoning: None

The public hearing was declared to closed.

The motion was then made by Councilman Wallis

The motion was seconded by Councilman Coghlan

To approve the request for the rezoning of Portion of Lot A-A, Suite C and D, of the Cathcart Tract from C-1 to C-AB-2.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

Request for Rezoning of Portion of Lot B-4, Suite 104, of the Otey M.Hughes tract form C-2 to C-AB-3

Mayor Martinez declared a public hearing to be in session.

Present to speak in favor of the rezoning: Anthony Thibodeaux, 9009 Willow Creek, Denham Springs, LA

Present to speak against the rezoning: Judy White, 4420 Cypress

The public hearing was declared closed.

The motion was then made by Councilman Wallis

The motion was seconded by Councilman Coghlan

To deny the request for rezoning of Portion of Lot B-4, suie 104, of the Otey M. Hughes tract from C-2 to C-AB-3 for a Daquiri Shop.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

5. Zoning Matters NOT Requiring Public Hearing

There were no matters not requiring public hearings.

I. APPROVE PAYMENT OF BILLS

APPROVA 1. Approval of Accounts Payable

There were no accounts payable to be approved J. J. BOOKKEEPING AND BUDGET CHANGES

PUBLIC HEARING AND ADOPTION of Ordinance # 2010-10 pertaining to the Implementation of General Fund, Utility Fund, Capital Outlay and Special Fund Budgets for Fiscal Year 2010-2011

Mayor Martinez declared a Public Hearing to be in session to provide public information relative to the above named ordinance.

Present to Speak in Favor: None

Present to Speak Against: None

The public hearing was declared closed.



It was agreed that because the Council did not move at the second to last meeting of June, as required by Home Rule Charter, to adopt the Ordinance implementing the annual budget for general fund, utility fund, capital outlay and special funds, the budget presented by Mayor Martinez was considered adopted. The Mayor asked the council to concur with this provision of the Home Rule Charter.

The motion was then made by Councilman Nezianya

The motion was seconded by Councilman Wallis

To concur that because the Ordinance # 2010-10, pertaining to the Implementation of General Fund, Utility Fund, Capital Outlay and Special Fund Budgets for Fiscal Year 2010-2011 was not adopted, the budget presented by Mayor Martinez is the budget for the FY 2010 -2011.

YEAS: Nezianya, Coghlan, Wallis

NAYS: None

ABSENT: Bouley

ABSTAINED: Riley

Nezianya, Bouley, Coghlan, Wallis, Riley

K. K. CONTRACT ITEMS/CONTRACTS OR ITEMS RELATING TO PROJECTS

Street Rehabilitation Projects

a. Heavy Truck Traffic on Neighborhood Streets near City Construction Materials Storage Site (Councilman Riley)

The motion was then made by Councilman Riley

The motion was seconded by Councilman Coghlan

To table the matter of Heavy Truck Traffic on Neighborhood Streets until the next regular meeting on July 13, 2010.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

b. Approve payment of PEC Invoice # 10739-03, relating to the

2009 Road Evaluation Project

The motion was then made by Councilman Wallis

The motion was seconded by Councilman Riley

To approve payment of PEC Invoice # 10739-03, in the amount of $27,067.72, for work relating to the 2009 Road Evaluation Project.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

c. Approve request for payment from Barriere Construction, LLC, for work relating to the 2010 Road Maintenance and Rehabilitation

Project.

The motion was then made by Councilman Nezianya

The motion was seconded by Councilman Coghlan

To approve request for payment from Barriere Construction, LLC, in the amount of $716,354.25 for work relating to the 2010 Road Maintenance and Rehabilitation project.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

Sewer Projects

Approve request for payment from Feliciana Welders, Inc., for work on the Rollins Road Park Pump Station Improvements

The motion was then made by Councilman Coghlan

The motion was seconded by Councilman Riley

To approve request for payment from Feliciana Welders, Inc., in the amount of $104,617.37 for work on the Rollins Road Park Pump Station Improvements.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

Approve payment of PEC Invoice # 10802-04 for work on the Rollins

Road Park Pump Station Improvements

The motion was then made by Councilman Wallis

The motion was seconded by Councilman Coghlan

To approve payment of PEC Invoice # 10802-04 in the amount of $6,888.14 for work on the Rollins Road Park Pump Station Improvements.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

Subdivision Inspections

Approve Payment of PEC Invoice #10815-02 for resident inspections,

The Oaks, Second Filing

The motion was then made by Councilman Riley

The motion was seconded by Councilman Coghlan

To approve payment of PEC Invoice # 10815-02 in the amount of $1,282.50, for resident inspections, for The Oaks, Second Filing.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

L. CONDEMNED BUILDINGS - PUBLIC HEARINGS OR OTHER ACTION

REGARDING BUILDINGS BEING CONSIDERED FOR CONDEMNATION There were no items to be considered in this category.

M. OLD BUSINESS PENDING FOR FINAL ACTION

1. PUBLIC HEARING AND CONSIDERATION OF ADOPTION OF

Ordinance 2010-13, pertaining to Adoption of Land Development Code

Mayor Martinez declared a public hearing to be in session to consider the adoption of the above described ordinance.

Present to Speak in Favor: Chip Mills

Present to Speak Against: None

The public hearing was declared closed.

The motion was then made by Councilman Nezianya

The motion was seconded by Councilman Riley

To adopt Ordinance # 2010-13, pertaining to the adoption of Land Development Code.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

N. OLD BUSINESS PENDING

1. Review of Redflex Traffic Control Ordinance (Coghlan)

No action was taken regarding a statistical report presented by Councilman Coghlan pertaining to Redflex photo enforcement program. Mr. Coghlan will continue to bring regular report the Council on this subject.

O. NEW BUSINESS

Vote to Override Veto of Ordinance # 2010-11, pertaining to the establishment of a Health and Sanitation Code for the City of Zachary, and Improvements to the Sewer and Wastewater System (Councilman Riley)

The motion was then made by Councilman Riley

The motion was seconded by Councilman Nezianya

To table the matter of the override vote for the Mayor’s veto of Ordinance # 2010-11, pertaining to the establishment of a health and Sanitation Code for the City of Zachary and Improvements to the Sewer and Wastewater System.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

Request for Contract Extension in the Cooperative Endeavor Agreement

between the City of Zachary and the Zachary Community School System.

The motion was then made by Councilman Wallis

The motion was seconded by Councilman Coghlan

To grant the request for a contract extension for the Cooperative Endeavor Agreement between the City of Zachary and the Zachary Community School System.

The vote was taken with the following result.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

3. Introduce Ordinance #2010-14, pertaining to battery of School Bus Operators/School Bus Assistants

The motion was then made by Councilman Riley

The motion was seconded by Councilman Coghlan

To introduce Ordinance # 2010-14 pertaining to battery of School Bus Operators/School Bus Assistants.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

4. Introduce Ordinance #2010-15, pertaining to Aggravated Assault

The motion was then made by Councilman Riley

The motion was seconded by Councilman Wallis

To introduce Ordinance # 2010-15 aggravated assault.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

5. Introduce Ordinance #2010-16, pertaining Model glue; Use of; Abuse of Toxic Vapors, Unlawful Sale to Minors

The motion was then made by Councilman Coghlan

The motion was seconded by Councilman Nezianya

To introduce Ordinance # 2010-16, pertaining to Model glue; Use of; Abuse of; toxic Vapors, Unlawful Sale to Minors

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

Introduce Ordinance # 2010-17, Stalking

The motion was then made by Councilman Riley

The motion was seconded by Councilman Coghlan

To introduce Ordinance # 2010-17 pertaining to Stalking.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

7. Introduce Ordinance #2010-18, pertaining Unlawful Use of Lasers on a Police Officer

The motion was then made by Councilman Coghlan

The motion was seconded by Councilman Nezianya

To introduce Ordinance # 2010-18, pertaining to the Unlawful Use of Lasers on a Police Officer.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

8. Introduce Ordinance #2010-19, pertaining Criminal Damage to Coin Operated Devices

The motion was then made by Councilman Wallis

The motion was seconded by Councilman Riley

To introduce Ordinance # 2010-19, pertaining to Criminal Damage to Coin Operated Devices.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

PUBLIC HEARING and Plan to User from LRA Funds

Mayor Martinez declared a Public Hearing to be in session.

There were none present to speak concerning the use of Louisiana Recovery Authority Funds.

Mayor Martinez proposed a resolution authorizing the use of Louisiana Recovery Authority Funds for the following projects:

a To acquire a Ladder equipped Fire Truck

b. To plan and execute a project to mitigate flooding of residences by Cypress Bayou.

Following comments and discussions, the matter was put to a vote.

The motion was then made by Councilman Nezianya

The motion was seconded by Councilman Riley

To adopt a resolution authorizing that Louisiana Recovery Authority funds granted to the city of Zachary be used for the acquisition of a ladder equipped Fire Truck, and to plan and execute a project to mitigate flooding of residences in the area of Cypress Bayou.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

10. LED, Development Ready Committee Update (Chip Mills)

Chip Mills re-capped and updated the Mayor and Council concerning the work of the LED

Development Ready Committee program. Some issues addressed and/or being discussed

included:

a. Planning & Zoning Commission has recently adopted a Master Plan for Zachary.

b. The Council has just adopted a Land Use Development Code.

c. These plans have incorporated goals submitted by the Development Ready

Committee

d. Grants are being sought and received for downtown rehabilitation. The city was recently awarded $50,000 for this purpose.

e. Grants have been for plans for development in Zachary Historic Village.

f. There is a city-wide clean up iniative.

g. The Chamber of Commerce has created a Quality of Life Committee to initiate the creation of trails and parks and other activities to increase cultural and recreational opportunity.

11. Zachary Area Transmission Network Improvement Project

(Councilman Coghlan)

The motion was then made by Councilman Coghlan

The motion was seconded by Councilman Nezianya

To table the matter of the Zachary Area Transmission Network Improvement Project until the next regular meeting to be held on July 13, 2010.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

Mayor Wo

P. COMMITTEES/COMMISSIONS/BOARDS

There were no items to be considered in this category.

Q. DEPARTMENT HEAD REPORTS

The motion was then made by Councilman Wallis

The motion was seconded by Councilman Riley

To accept the Department Head Reports as presented.

YEAS: Nezianya, Coghlan, Wallis, Riley

NAYS: None

ABSENT: Bouley

R. DISCUSSION OF BUSINESS NOT ON AGENDA

(No Action May Be Taken Unless Declared an Emergency)

Mayor Martinez told Council members that he will have on the next agenda the matter of hiring a consultant to undertake a salary study of all departments of the city.

S. ADJOURNMENT

There being no further business to discuss, the meeting was declared adjourned at 7:40 p.m.

CERTIFICATION

Jean Byers, Clerk of City Council Henry J. Martinez, Mayor

CITY OF ZACHARY

PARISH OF EAST BATON ROUGE

STATE OF LOUISIANA

I, Jean Byers, do hereby certify that I am the duly appointed and acting Clerk of the City Council for the City of Zachary, Parish of East Baton Rouge, Louisiana.

I further certify that the above and foregoing is a true and correct copy of the minutes of the regular meeting of the Mayor and Council of the City of Zachary, Louisiana, held on Tuesday, June 22, 2010, a proper quorum being there and then present.

Jean Byers, Clerk of the City Council

#1555

Publish: 8/11/10

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NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF NORTH CAROLINA

COUNTY OF BUNCOMBE

IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

FILE NO.10 CVD 3158

Leslie Hinchcliffe, Plaintiff

v.

John Hinchcliffe, Defendant

To: John Hinchcliffe

TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows: Complaint for Absolute Divorce.

You are required to make defense not later than the 20th day of September, 2010, said date being 40 days from the first publication of this notice, and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

THIS the 11th day of August, 2010.

Jim Siemens, Attorney for Plaintiff

NC BAR# 20598

202 Chestnut Street

Asheville, NC 28801

828/252-5080.

#1556

Publish: 8/11/10, 8/18/10, 8/25/10

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PUBLIC HEARING

City of Zachary

East Baton Rouge Parish, Louisiana

The City of Zachary will hold a public hearing at 5:30 p.m. on Monday, August 16, 2010 at City Hall. The purpose of the meeting is to discuss the submission of an application for funding under the Community Development Block Grant Disaster Recovery (CDBG-DR) Infrastructure Program. The following items will be discussed at the hearing.

A. The amount of funds available for proposed community development;

B. The range of activities available that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income;

C. The plans of the City for minimizing displaced persons as a result of activities assisted with such funds and the benefits to be provided by the City to persons actually displaced as a result of such activities; and

D. The prior performance of Disaster Recovery CDBG programs funded by the State of Louisiana.

All residents, particularly low and moderate income persons and residents of slum and blighted areas of the City of Zachary are encouraged to attend this meeting.

Accommodations will be made for persons with disabilities and non-English speaking individuals provided that three day notice is received by the City.

Those citizens unable to attend this hearing may submit their views and proposals in writing to: Mayor Henry J. Martinez, P O Box 310, Zachary, LA 70791, 225-654-0287.

#1557

Publish: 8/11/10

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