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Gulf of Mexico oil spill to be front and center at hearings

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U.S. House Natural Resources Committee to look at lingering effects on jobs, energy production and local economies

The Deepwater Horizon disaster and the drilling moratorium that followed will be the subject of two separate hearings before the House Natural Resources Committee next  week. The committee will hold a hearing Wednesday titled, "One year after President Obama's Gulf of Mexico 6-month moratorium officially lifted: examining the lingering impacts on jobs, energy production and local economies."

oil-rig-explosion-boats.JPGView full sizeHours after the oil rig explosion, fireboats try to extinguish the blaze on the Deepwater Horizon rig south of Venice.

The next day, the committee will hold a hearing on the recently released Joint Investigation Team report by the Bureau of Ocean Energy Management, Regulation and Enforcement and the Coast Guard into the causes of the Deepwater Horizon disaster.

The committee will hear from the JIT co-chairmen: Coast Guard Capt. Hung Nguyen and David Dykes, who recently resigned his post with BOEMRE, as well as Coast Guard Vice Adm. Brian Salerno and Michael Bromwich, director of the Bureau of Safety and Environmental Enforcement.

The Obama administration had preferred that Bromwich answer the committee's questions in lieu of the investigators, but that was not OK with the committee, which twice delayed the hearing to make sure it got the witnesses it wanted.

Interior Secretary Ken Salazar said that the way it has worked out is fine. "The JIT report is out there, I think it speaks for itself and I think Michael Bromwich knows more about that report than almost anybody, and David Dykes and the Coast Guard captain were also very involved in the report, so I think it will be a good hearing," Salazar said.

Bruce Alpert can be reached at balpert@timespicayune.com or 202.450.1406. Jonathan Tilove can be reached at jtilove@timespicayune.com or 202.450.1404.








Sen. David Vitter rejects nominee for consumer protection group

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He wats a five-member commission to run the new Bureau of Consumer Financial Protection, not a 'czar'

Sen. David Vitter, R-La., joined other Republicans on the Senate Banking Committee last week in voting against President Barack Obama's nomination of former Ohio Attorney General Richard Cordray to run the new Bureau of Consumer Financial Protection. With strong Democratic support, Cordray's nomination was sent to the full Senate by a 12-10 vote. Vitter and other Republicans say they want a five-member commission to run the agency, not a "czar."

barack_obama_richard_cordray.jpgView full sizePresident Barack Obama announces the nomination of former Ohio Attorney General Richard Cordray, right, as the first director of the Consumer Financial Protection Bureau at the White House on July 18. At left is Elizabeth Warren, interim director of the CFPB.

"We've outlined our serious reservations about the authority the law currently gives to the credit czar, and those concerns will remain no matter who fills that position," Vitter said.

The board was set up under financial overhaul legislation enacted by the previous Democratic-controlled Congress to protect consumers from unfair treatment from Wall Street and banking firms.

"Protests against Wall Street continue to grow, yet Sen. David Vitter and other Republicans on the Senate Banking Committee refused to hear the growing chorus and voted in lock step to block the nomination of Richard Cordray, the person nominated to watch over Wall Street as head of the Consumer Financial Protection Bureau and fully implement protections ... that would prevent military families and seniors from falling victim to the same reckless, casino-style behavior of Wall Street and abusive financial products and services that precipitated the financial crisis," said the liberal Americans United for Change.

Bruce Alpert can be reached at balpert@timespicayune.com or 202.450.1406. Jonathan Tilove can be reached at jtilove@timespicayune.com or 202.450.1404.





Sen. David Vitter to accompany Rep. Jeff Landry to meeting with BOEMRE

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They are expected to press for more offshore drilling permits to be granted

Sen. David Vitter, R-La., plans to join Rep. Jeff Landry, R-New Iberia, for a meeting Tuesday in New Orleans with top Obama administration oil and gas regulators. Landry recently made a surprise visit to the New Orleans office of the Bureau of Ocean Energy Management, Regulation and Enforcement and expressed annoyance that no would meet with him.

Jeff Landry holds sign.JPGView full sizeRep. Jeff Landry, R-New Iberia, holds a sign during a speech by President Barack Obama to a joint session of Congress on Sept. 8.

A later scheduled meeting with BOEMRE officials and Landry was canceled after he likened the agency's leadership to the CIA and Gestapo.

But Interior Secretary Ken Salazar intervened, and a meeting was worked out. Both Vitter and Landry are expected to meet with the news media after the session, in which they will likely press their argument that regulators should be granting more off-shore drilling permits nearly 18 months after the BP spill disaster.

Bruce Alpert can be reached at balpert@timespicayune.com or 202.450.1406. Jonathan Tilove can be reached at jtilove@timespicayune.com or 202.450.1404.




Louisiana better off than most, economic data show

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State ranks 10th in employment growth

A new index of indicators of state economic momentum shows state economies continuing to climb out of the recession in the past year and Louisiana doing better in that regard than most states. According to the rankings, complied by Federal Funds Information for the States, a joint subscription service of the National Governors Association and the National Conference of State Legislatures, Louisiana ranked 15th on the composite index of economic momentum, .26 percent above the national average.

job_fiar_unemployment_generic.jpgView full sizeA job fair in San Antonio was photographed Oct. 4.

While Louisiana was slightly below the national average in growth of personal income over the previous year, it ranked 10th in employment growth, 11th in population growth, and tied with Minnesota for the 13th-lowest unemployment rate.

Bruce Alpert can be reached at balpert@timespicayune.com or 202.450.1406. Jonathan Tilove can be reached at jtilove@timespicayune.com or 202.450.1404.








Kenner moratorium on taxi licenses triggered by increased demand from New Orleans

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Official says more cabbies are turning to Kenner because of rising prices for a limited number of certificates available in New Orleans

New taxi cab drivers looking to offer their services in Kenner will soon have to look elsewhere. Faced with a surging number of monthly applications and rising competition with New Orleans' taxi industry, the Kenner City Council placed a moratorium last week on any new licenses for taxi cabs looking to operate in the city.

taxi.cabs.jpgIncreased rates for drivers to get cab certificates in New Orleans have led to increased demand in Jefferson Parish and Kenner.

Known officially as Certificates of Public Necessity and Convenience, the licenses are connected to individual vehicles. Drivers have to acquire a separate license to use them.

Kenner has 290 registered taxis operating in the city limits, compared to the 243 taxis operating in unincorporated Jefferson Parish, a much more populated area. That lopsidedness is related to Kenner's proximity to the Louis Armstrong New Orleans International Airport.

Kenner granted seven certificates in July, 13 in August and 26 in September, said Code Enforcement Director Tamithia Shaw, who described the increase as unusual.

Shaw attributes the increase in issuances, as well as in applications -- one company recently asked for 400 certificates -- to rising prices for the limited number of certificates available in New Orleans.

"Most of (the applicants) are just telling me they were renting these from New Orleans and they're raising the rates on them or they're taking (the certificates) back from them," Shaw said.

New Orleans has a set number of roughly 1,600 certificates, said Ryan Berni, spokesman for Mayor Mitch Landrieu's office. The ceiling makes them a hot commodity among taxi companies looking to serve the city's tourists.

Kenner's moratorium will go into effect in the next two weeks, Councilwoman Michele Branigan said. She added that the goal was to make it easier for longtime, and presumably more local, licensed taxi cab owners. But the surge of out-of-town applications trying to beat the moratorium's start took the council somewhat by surprise.

"This is going against the whole intent of what we're trying to do," Branigan said.

She said the moratorium will stay in place until Kenner officials can find a way to improve Kenner taxis' abilities to compete with those vehicles based in New Orleans.

•••••••

Richard Rainey can be reached at rrainey@timespicayune.com or 504.883.7052.

U.S. Senate defeats President Obama's jobs bill

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The White House and congressional leaders were already moving on to other ways to cut the nation's painfully high unemployment rate

WASHINGTON -- The U.S. Senate killed President Barack Obama's $447 billion jobs package Tuesday, and the White House and congressional leaders were already moving on to other ways to cut the nation's painfully high unemployment rate.

obama-jobs-bill.jpgView full sizePresident Barack Obama arrives to speak at the International Brotherhood of Electrical Workers Local No. 5 Training Center in Pittsburgh on Tuesday. That evening, the Senate killed the jobs bill he has been touting across the country.

The plan would have combined payroll tax cuts for workers and businesses with $175 billion in spending on roads, school repairs and other infrastructure, as well as unemployment assistance and help to local governments to avoid layoffs of teachers, firefighters and police.

Forty-six Republicans joined with two Democrats to stall the $447 billion plan. Fifty Democrats had voted for it, but the vote was not final. The roll call was kept open to allow Democratic Sen. Jeanne Shaheen to vote. The expected 51-48 eventual tally would be far short of the 60 votes needed to keep the bill alive in the 100-member Senate.

Democrats Ben Nelson and Jon Tester -- both up for re-election next year in states where Obama figures to lose -- broke with their party on Tuesday night's vote. Every Republican present opposed the plan.

Both parties were sure to wield the vote as a political weapon ahead of next year's presidential election, with Democrats accusing the Republicans of failing to approve a measure to ease high unemployment and Republicans accusing Obama's party of trying to raise taxes that would kill jobs.

Obama said Republicans will "have a hard time explaining why they voted no on this bill -- other than the fact that I proposed it."

The bill, despite Obama's exhortations, had not been expected to get a single Republican vote, despite Obama's weekslong effort to drum up support for a measure he said would reduce the jobless rate from its current 9.1 percent. Democratic defections ensured the measure would fail to win a simple majority, much less the 60 votes needed to overcome Republican stalling tactics.

Anticipating defeat, Obama promised to try again in smaller bites.

"If they don't pass the whole package we're going to break it up into constituent parts" and try to push them through separately, he told members of his jobs council.

Obama says the plan -- more than half the size of his 2009 economic stimulus measure -- would be an insurance policy against a double-dip recession and that continued economic intervention is essential given slower-than-hoped job growth.

Unlike the 2009 legislation, the jobs plan would have been be paid for with a 5.6 percent surcharge on income exceeding $1 million that would have raised about $450 billion over the coming decade.

"Democrats' sole proposal is to keep doing what hasn't worked -- along with a massive tax hike that we know won't create jobs," Republican Senate Minority Leader Mitch McConnell said before the vote. He said there are 1.5 million fewer jobs than when Obama's 2009 economic package became law.

Tuesday's vote played out as disaffected crowds continued to occupy Wall Street, a square in Washington and parts of other cities around the country in protest of income inequality and related issues.


Marrero off-track betting parlor proposal scuttled

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Plantation Estates homeowners petition against the plan

A proposed Marrero off-track betting parlor was scuttled Tuesday afternoon, less than 24 hours before the Jefferson Parish Council was set to vote on a permit for the project opposed by many homeowners in the neighboring Plantation Estates subdivision. The firm that operates the Fair Grounds racetrack withdrew its application for a special-use permit for the proposed betting parlor and video poker casino on Lapalco Boulevard, just east of Barataria Boulevard.

byron-lee.JPGJefferson Parish Councilman Byron Lee

"After discussions with council members and taking into consideration the feedback we've received, we've withdrawn our application," said Jim Mulvihill, a spokesman for Churchill Downs Louisiana Horseracing Company. "Hopefully, we can find a more appropriate location within Jefferson Parish sometime in the future."

More than three-quarters of Plantation Estates homeowners signed petitions opposing the project after Councilman Byron Lee, who represents the area, vowed to vote according to the wishes of subdivision residents.

"We're very pleased that they listened to us. This is perfect," said Charles Miller III, president of the Plantation Estates Community Association.

Miller said 329 of the subdivision's 420 homeowners, or 78 percent, signed petitions opposing the $3.1 million project to convert a former two-story bank building.

The parlor, which would have been 317 feet from the nearest home in Plantation Estates, required a variance to a parish ordinance calling for a buffer zone of 500 feet to the nearest home, school or church.

The parish's Planning Department recommended denying the permit, while the Planning Advisory Board recommended approval.

After Plantation Estates residents raised concerns about the potential impact on property values and crime rates, Lee said he would back the position of a majority of subdivision residents. An Aug. 31 council vote had been postponed until Wednesday to provide time to circulate petitions.

Lee did not return calls seeking comment.

Council Chairman Chris Roberts, who was present when Lee made his assurance to subdivision residents, had said he, too, would vote according to the wishes of a majority of homeowners.

Roberts reaffirmed that stance before Churchill announced it was pulling its application.

"I stand by what I said and will not go back on my word," he said.

Churchill Downs operates 10 off-track betting parlors in southeastern Louisiana, including four Jefferson Parish locations in Metairie, Elmwood, Kenner and Gretna.

In addition to taking bets on horse races across the country, the parlor would have had 75 to 80 video poker machines. Fair Grounds officials had estimated the parlor would employ 15 full-time workers with an average salary of $30,000 while generating $200,000 in annual gaming revenue for the parish and $750,000 for the state.

Miller said neighboring residents should always be given a strong voice in evaluating proposed zoning changes or variances.

"If you are going for a zoning variance and there's significant opposition from people living in the area, it should strongly be reconsidered whether it's appropriate or not," he said.

Wednesday's council meeting begins at 10 a.m. in the General Government Building, 200 Derbigny St., Gretna.

Paul Rioux can be reached at prioux@timespicayune.com or 504.826.3785.


Jefferson Parish stores, bars and strip clubs targeted for alcohol violations

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The Parish Council on Wednesday suspended or revoked six alcohol retail permits.

After repeated incidents of allegedly selling alcohol either to minors or after hours, the Brothers convenience store on Edenborn Avenue in Fat City lost its alcohol retail permit for good. The Jefferson Parish Council unanimously revoked it, following the lead of Councilwoman Cynthia Lee-Sheng.

Lee-Sheng.jpgJefferson Parish Councilwoman Cynthia Lee-Sheng led the charge to ban permits to businesses for allegedly selling booze to minors or operating outside legal hours.

"That was just a problem establishment," she said.

The convenient store was one of six businesses Wednesday that lost the privilege to sell beer, wine or liquor, either for a few weeks or permanently. The council also denied the permit application of another store, Fast Time, because it shared an address on Airline Drive with a business that was already serving a year's suspension.

The council's actions were part of a growing crackdown against alcohol-serving establishments that allegedly skirt parish alcohol regulations or become havens for criminal activity. Dozens of permits have been suspended or revoked since the Alcoholic Beverage Permit Review Committee was reestablished in March 2010, following a two-decade hiatus.

Charles Ciacco, an attorney for Brothers Edenborn, made his third presentation to the council Wednesday with the hope of saving his client's business. He showed a poster-size photograph of the machines installed at the store meant to thwart sales to customers under 21.

Lee-Sheng wasn't having any of it. The initial measure called for suspending the license for the rest of this year and preventing a new one from being issued for the first six months of 2012. But Lee-Sheng requested it be revoked entirely.

"I know they came here before describing the equipment that they have installed, but given the fact that this is the sixth violation and some of the first violations happened even after being summoned by the Sheriff's Office ... I move to revoke their alcohol license," she said.

Brothers Edenborn had been suspended in January and again in June for selling booze to minors. And in April, a customer was able to buy a bottle of vodka just five minutes after Sheriff's deputies cited the store clerk for selling alcohol past the designated hours for Fat City businesses, according to testimony during a review committee hearing.

Ciacco wouldn't comment Wednesday, saying he needed to speak with his client about their next move.

The council also suspended the permits for Shakers at 4548 South Interstate 10 Service Road, Time Around at 3901 Airline Drive, Discount Stop at 1001 Metairie Road and Metairie Road Discount at 198 Metairie Road.

The Shakers suspension was unique among the council's actions because it had been busted for under-age alcohol sales by the Juvenile Justice Department acting on a federal grant, Lee-Sheng said.

Suzanne Coe, co-owner of Cherry Bombs Inc., which runs Suzie Q's Gentlemen's Club in Harvey, protested the council's decision to revoke her alcohol retail permit. Calling the governing law "arbitrary and capricious," she questioned the way the review committee conducted hearings.

"As we can see it, there's really no real set guidelines as to how this body is supposed to govern these things," Coe said.

The council revoked Suzie Q's permit on suspicions of alleged prostitution and "b-drinking," a banned practice in which bar employees try to talk patrons into buying them drinks.

Coe said the prostitution allegation was no more than a solicitation that management couldn't have prevented and that the b-drinking accusations were unfounded.

"We've never been in trouble before," Coe said. "We take these things very seriously."



Meeting Friday will seek ideas on improving New Orleans' taxicab industry

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New Orleans officials seeking ways to improve the city's taxicab industry will hold the first of two public meetings Friday to gather suggestions on how to enhance customer service. The Times-Picayune archive The meeting will be from 1-3 p.m. at the Marriott Hotel, 555 Canal St., in Galleries 1, 2 and 3 on the second floor in the Quarter...

New Orleans officials seeking ways to improve the city's taxicab industry will hold the first of two public meetings Friday to gather suggestions on how to enhance customer service.

taxis_poydras_street.jpg

The meeting will be from 1-3 p.m. at the Marriott Hotel, 555 Canal St., in Galleries 1, 2 and 3 on the second floor in the Quarter Towers.

The second meeting will be Oct. 21 from 9-11 a.m. in the City Council chamber at City Hall, 1300 Perdido St.

The city is looking for public comment on what changes should be made to laws governing taxicabs and other for-hire vehicles.

Congress passes free trade agreements with South Korea, Colombia, Panama

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The hope is that the deals will stimulate the economy and put people back to work

WASHINGTON -- Congress approved free trade agreements Wednesday with South Korea, Colombia and Panama, ending a four-year drought in the forming of new trade partnerships and giving the White House and Capitol Hill the opportunity to show they can work together to stimulate the economy and put people back to work.

free-trade-protest.jpgView full sizeDemonstrators protest before the start of a Senate Finance Committee session of the Colombia, Panama, and South Korea free trade agreements on Capitol Hill.

In rapid succession, the House of Representatives and Senate voted on the three trade pacts, which the administration says could boost exports by $13 billion and support tens of thousands of American jobs. None of the votes were close, despite opposition from labor groups and other critics of free trade agreements who say they result in job losses and ignore labor rights problems in the partner countries.

President Barack Obama said passage of the agreements was "a major win for American workers and businesses."

"Tonight's vote, with bipartisan support, will significantly boost exports that bear the proud label 'Made in America,' support tens of thousands of good-paying American jobs and protect labor rights, the environment and intellectual property. ... I look forward to signing these agreements."

The agreements would lower or eliminate tariffs that American exporters face in the three countries. They also take steps to better protect intellectual property and improve access for American investors in those countries. The last free trade agreement completed was with Peru in 2007.

The House also passed and sent to Obama for his signature a bill to extend aid to workers displaced by foreign competition. Obama had demanded that the worker aid bill be part of the trade package.

Years in the making, the votes come just a day after Senate Republicans were unified in rejecting Obama's $447 billion jobs creation initiative.

The agreement with South Korea, the world's 13th largest economy, was the biggest such deal since the North American Free Trade Agreement with Mexico and Canada in 1994.

The votes were 278-151 for South Korea, 300-129 for Panama and 262-167 for Colombia. The Senate votes were 83-15 for Korea, 77-22 for Panama and 66-33 for Colombia.

"We don't do much around here that's bipartisan these days," said Republican Sen. Rob Portman, who was U.S. Trade Representative during the George W. Bush administration. "This is an example of where we can come together as Republicans and Democrats realizing that with 14 million Americans out of work, we need to do things to move our economy forward."

Despite the strong majorities, the debate was not without rancor.

Republicans criticized Obama for taking several years to send the agreements, all signed in the President George W. Bush administration, to Congress for final approval. Many among Obama's core supporters, including organized labor and Democrats from areas hit hard by foreign competition, were unhappy that the White House was espousing the benefits of free trade.

Lori Wallach, director of Public Citizen's Global Trade Watch, said the "job-killing" agreements were a "complete flip-flop for President Obama, who won crucial swing states by pledging to overhaul our flawed trade policies."

In Cartagena, Colombian President Juan Manuel Santos said, "Today is a historic day for relations between Colombia and the United States." He added that the agreement with his country "is going to generate much well-being for our peoples."

But Tarsicio Mora, president of Colombia's CUT labor federation, said Colombia's economy was not ready to compete with the U.S.

"Our country isn't developed, it does not have the expertise much less the requirements for trade at this level," Mora said. "The country should be clear as to who is responsible for the coming massacre, because industry, large and small businesses are going to be hit because we are not in a condition to compete."

Panamanian President Ricardo Martinelli said the trade agreement will help to attract foreign investment and increase commerce with the U.S., contributing to the creation of new jobs in the Central American country.

"We, Panamanians, have to prepare to take advantage of this agreement," Martinelli said in a statement.

Panama's Chamber of Commerce, Industries and Agriculture called it "a historic moment for Panama."

"This is a historic moment for Panama. A treaty with the largest trading partner in the world has been ratified and this will open the doors to a very important market," said chamber president Federico Humbert in a statement.

"We hope this agreement will bring great opportunities for Panama, while encouraging competitiveness and attract more foreign investment to our country," Humbert said.

House Democratic leader Nancy Pelosi said that before taking up free trade agreements the House should be considering legislation passed by the Senate on Tuesday that would punish China for keeping its currency undervalued, a practice that makes its exports cheaper and contributes to China's huge trade surplus with the United States. House Republican leaders oppose the currency bill and a Democratic attempt to attach it to the Colombia agreement was rejected.

Democratic opposition was particularly strong against the agreement with Colombia, where labor leaders long have faced the threat of violence.

"I find it deeply disturbing that the United States Congress is even considering a free trade agreement with a country that holds the world record for assassinations of trade unionists," said Rep. Maxine Waters.

To address Democratic objections to the deals, the White House demanded linking the trade bills to extension of a Kennedy-era program that helps workers displaced by foreign competition with retraining and financial aid. The Senate went along; the House passed it Wednesday, 307-122.

But with the focus in both the White House and Congress on jobs, the trade agreements enjoyed wide bipartisan support.

The administration says the three deals will boost U.S. exports by $13 billion a year and that just the agreement with South Korea, America's seventh largest trading partner, will support 70,000 American jobs.

Supporters say the three trading partners already enjoy almost duty-free access to U.S. markets and the agreements will lower tariffs on U.S. goods, making them significantly more competitive.

The U.S. Chamber of Commerce notes that U.S. farm products sold to South Korea face 54 percent tariffs, compared with 9 percent for Korean agricultural goods in the United States, and that U.S. automakers are hit with a 35 percent tariff in Colombia, compared with 2 percent for any vehicles coming from Colombia.

The administration says the trade deal with South Korea could increase exports by $10 billion, enough to eliminate the current $10 billion surplus Seoul has with the United States. It would make 95 percent of American consumer and industrial goods duty free within five years.

The vote came a day before Korean President Lee Myung-bak is to address a joint meeting of Congress. On Wednesday he said in a speech at the Chamber of Congress that the agreement would "send a powerful message to the world that the United States and South Korea stand together in rejecting protectionism and that we are open to free and fair trade."

Republicans welcomed the prospect of increased exports but said those benefits could have come sooner if Obama had acted more quickly. They said American businesses have paid $3.8 billion in tariffs to Colombia since the trade agreement was signed, and that Americans are losing markets in South Korea because of a Korea-European Union free trade agreement that went into effect in July.

In the past year the administration has succeeded in winning concessions from South Korea to open up its markets further to U.S. vehicles and concluded an agreement to bring transparency to banking practices in Panama, known as a tax haven.

It has prodded Colombia into putting together a plan designed to protect labor rights and crack down on violence against labor leaders.

The United States has free trade relations with 17 nations. It could still take several months to work out the final formalities before the current agreements go into force. The South Korean parliament is expected to sign off on its agreement this month.

By Jim Abrams, Associated Press


Jefferson Parish committees disqualify a third of proposals from engineering firms seeking public works contracts

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Parish Council defers vote on whether to approve the lists of qualified and disqualified firms

Jefferson Parish evaluation committees disqualified a third of the proposals from 45 engineering firms seeking public works contracts, drawing the ire of Parish Council members who said the rejection list is remarkably long and includes more than a dozen companies already employed by the parish. "We've got people who have been working for this parish for the past 25 years. Now, all of a sudden, three people decide that they can no longer do that," Councilman Louis Congemi said. "It's amazing, and I don't understand it."

Congemi Louis.jpgLouis Congemi

The committees voted to reject 59 of 176 statements of qualifications the parish received from 45 firms asking to be considered for professional service contracts capped at $300,000 for sewer, water, street and drainage projects.

The number of statements was higher than the number of firms because most companies submitted a separate proposal for each of the four contract categories.

Congemi said the 34 percent rejection rate is "pretty harsh" given that the parish typically has rejected just a few proposals in the past.

Public Works Director Kazem Alikhani agreed that the number of disqualified firms was unusually high. He said the evaluation committees, which typically have five members, had only three, two of whom were among the "harsher graders."

After council members Byron Lee and Mike Thomas joined Congemi in questioning the objectivity of the evaluation process, the council deferred until Nov. 9 a vote on whether to approve the lists of qualified and disqualified firms.

The issue is of keen interest to council members who choose from the list of qualified firms in awarding no-bid professional service contracts for projects in their districts.

Parish President John Young said he will ask the evaluation committees to reconvene and review the proposals with all five members present.

"I know that with three members present, there was a quorum. I don't think it was improper, but I would like to see all five members evaluate these," Young said.

The evaluation committee cast disqualification votes in at least one of the four contract categories for more than a dozen firms that have current parish contracts. The list includes AIMS Group, Barowka and Bonura Engineers and Consultants, Crescent Engineering Group, H. Davis Cole & Associates, IMC Consulting Engineers, Infinity Engineers and Consultants, Perrin & Carter, Principal Engineering, Professional Engineering & Environmental Consultants, Rahman and Associates, Richard C. Lambert Consultants, Stuart Consulting Group, Terracon Consultants and Urban Systems Associates, according to a database of professional service contracts on the parish's website.

Council Chairman Chris Roberts asked administrators to compile a complete list of contracts held by firms the committee voted to disqualify.

"It could put the council in a very awkward position to proceed forward on projects assigned to engineering or architectural firms that the technical evaluation committee has now deemed as not qualified," Roberts said.

Lee said it "makes absolutely no sense" to disqualify firms that are currently working for the parish and have received no complaints.

"Over the years, there has been a tremendous amount of inconsistency from this committee. I think the administration needs to look at that process," Lee said. "I've often questioned the subjectivity involved."

The committees scored the firms on eight criteria worth a total of 142 points. Professional training and experience was worth the most at 35 points. The firms had to receive at least 70 percent of the possible points to be deemed qualified.

The committees were made up of Assistant Streets Director Don Hogan, John Hummel of the Louisiana Engineering Society and the head of the department overseeing the contract, whether it be water, sewer, streets or drainage.

Alikhani identified Hogan and Hummel as the "harsher graders," but a review of the evaluation score sheets indicates their scores weren't dramatically different than those of the department heads.

Hogan and Hummel gave disqualifying scores to 31 percent and 40 percent of the proposals, respectively. The four department heads collectively gave disqualifying scores to 27 percent of the proposals.

Parish ordinances specify that the evaluation committees have five members, but seats held by nominees from two professional organizations of architects and engineers are vacant.

Alikhani said he is working to fill the vacancies, and Councilman Elton Lagasse said the committees should not be permitted to review proposals unless all five members participate.

Young said his administration has simply followed an evaluation process that has been in place for years and is dictated by parish ordinances.

"If we got involved and started telling the committee what to do, we would have been accused of unduly influencing them," Young said. "You've got to respect the process."

Young said he has asked the Bureau of Governmental Research to help develop recommendations for overhauling the parish's comprehensive procurement process based on best practices. He said an initial meeting with the nonprofit group is set for Tuesday.

Paul Rioux can be reached at prioux@timespicayune.com or 504.826.3785.


Blackwater's chemical-storage expansion request gets cool reception from Westwego officials

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Sting from public insult lingers

A familiar face is once again tangling with the Westwego City Council over a familiar issue, but this time Blackwater New Orleans LLC's attempt to expand its chemical-storage facility near River Road might be hampered more by the company's recent public comments than by the products it wants to store. Blackwater is seeking to expand its facility by 12 tanks and 450,000 barrels of storage space over the next three years and went to the council Monday to try to arrange a way to get that expansion approved.

john_shaddinger_westsego.jpgWestwego Mayor John Shaddinger

The new proposal is very similar in size to the expansion the company presented to city officials a year ago, but the main difference is that, previously, Blackwater wanted to store combustible diesel fuel. Now, Chief Commercial Officer Frank Marrocco says the company would house only non-hazardous, non-combustible and non-flammable products at the facility.

"Just basically more of what we're doing today, and what we've done in the past," said Marrocco, who noted that the company recently stopped storing sulfuric acid, which had been a source of frustration for residents and city officials.

Marrocco asked the council to approve the general outline of the company's expansion plans, which would add more than 16 million gallons of material to the site, and then allow Blackwater to present the individual tanks to the city's building inspector on a piecemeal basis.

But, before the council even discussed Marrocco's proposal, Mayor John Shaddinger demanded that Marrocco apologize in public for comments Blackwater Chief Executive Officer Michael Suder made this summer to a reporter calling Westwego "the stupidest place on Earth" while lamenting the failure of the previous proposal. At the time, Blackwater had offered the city several financial sweeteners to help push through the expansion, and Suder became increasingly upset at the council refusal to even vote on the deal.

Shaddinger, and much of the council, expressed disgust and outrage at Suder's characterization of the city, and were miffed that Suder didn't come personally to make amends instead of sending Marrocco to do the heavy lifting.

"Well first, how about an apology?" Shaddinger told Marrocco.

Marrocco readily admitted that Suder's comments were unacceptable and should not have been made. He said the company was very frustrated when their proposal was killed, and Suder spoke out of frustration. He asked officials to forgive those comments, and said Blackwater wants to have an amicable relationship with the city.

However, city officials questioned whether that would be possible, noting that not only has the company failed to follow through with some of its previous promises, but is asking for an open-ended commitment from the city with very few details. Councilmen Ivy Rogers and Melvin Guidry criticized Blackwater for failing to paint its existing tanks as it promised, a failure Marrocco attributed to tight budgets after the initial expansion and its potential revenues fell through.

Guidry scoffed at the explanation, noting that if the company is planning a multimillion-dollar expansion, it must have the money to do painting. Councilman Larry Warino agreed, adding that it seems like Blackwater is only interested in Westwego when the city can do something for the company.

Councilman Ted Munch said that without a definite, detailed building permit application, Blackwater cannot receive any sort of approval from the council. He said Westwego no longer gives out open-ended building permits and that the company needs to come back to the council with more information about what will be stored in the tanks and when each tank will be built. Marrocco said some of that information is currently unknown, and city officials suggested he wait until it was known before he sought a permit.

Allen Powell II can be reached at apowell@timespicayune.com or 504.826.3793.


Home-elevation contractors jack up competition

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Hundreds of house-lifting firms began operating in the area in the past two years, specifically to take advantage of the state's $750 million house-lifting grant program

Jeremy Patterson, a large, swaggering self-promoter from Iowa and erstwhile star of TLC's television show "Heavy Haulers," is shopping a new reality TV show: "Big Man, Big Easy." In the pilot, which features lots of stirring music played over slow motion shots of Patterson scowling, he forgets to disconnect a gas line on a house he's lifting, then is lauded as a hero for shutting off the gas leak before everything explodes.

jeremy_patterson_leveling_firemens_monument.jpgView full sizeJeremy Patterson of Patterson Structural Moving and Shoring works the hydraulic jack unit to level the Firemen's Monument in Greenwood Cemetery on Sept. 29.

He talks dramatically about how dangerous New Orleans is, shows off his gun and gets into a shouting match with another contractor who accuses him of stealing work.

It's all staged, he said. The seeping gas? Sound effects. The combative competitor? A buddy of Patterson's.

But, unfortunately for homeowners hoping to collect their grants and get their houses raised to safe levels, the concepts Patterson portrays are anything but fiction.

"It is the Wild West down here, that is a true statement," he said. "It's this state program with no protections. It's retarded."

While Gov. Bobby Jindal's administration tries to get a handle on contractor fraud and alleged self-dealing in the state's $750 million house-lifting grant program, thousands of Road Home grant recipients are caught in the crosshairs of contractors jockeying for their piece of a gold rush of public money. Patterson's company, Patterson Structural Moving and Shoring, is among hundreds of house-lifting firms that began operating in the area just in the past two years, specifically to take advantage of the flow of grants.

Coastal Shoring, a company Patterson once worked for, is so paranoid it ripped down a crime camera outside its building, fearing its competitors had planted it there to spy on them. Coastal also hired a private investigator to tail Patterson and other former employees.

More than a dozen companies have been kicked out of the program by the state. About a dozen more are squaring off in civil court lawsuits, alleging they are using connections inside the program to steal fully executed contracts with homeowners, or that they hired away their employees to get proprietary information.

The toxic nature of the competition is evident in the experience of Coastal Shoring, which converted from a home improvement contractor to an elevation company in 2009.

house-collapse.jpgView full sizeAbout eight firefighters used shovels to dig a man from under the one-story, red-brick home that collapsed April 18 in eastern New Orleans, killing a Coastal Shoring worker.

Coastal was conducting a lift job in eastern New Orleans this past April when the home collapsed on one of its workers and killed him. Coastal's owners say the incident, which is still being investigated by the federal Occupational Safety and Health Administration, was a freak accident for which they bear no fault.

But Coastal owners Jerl, Jay and Adam Kershenstine say they've been targets of "industrial espionage" since the incident. Several former employees have left to work for competitors, and the Kershenstines believe they are using connections inside the program to swipe their contracts just as they're about to be approved for payment. The Kershenstines accuse Patterson in a civil lawsuit of collecting cash advances from a business loan he acquired for Coastal and keeping the money for his own firm.

The Kershenstines say they are "under attack."

Last month, Patterson appeared at a Slidell home being lifted by Coastal, told neighbors he was from the Louisiana Shoring Association and advised them to evacuate because the home was about to collapse. The Louisiana Shoring Association is a private nonprofit Patterson started this year with his wife. He said it has 20 members who want the organization to be a "watchdog" against shoddy elevation jobs.

But Coastal alleged Patterson was engaging in a smear campaign against them. After Patterson's visit, a Slidell city inspector, Joe France, told police the house was structurally sound and the fear of collapse was unjustified.

Patterson said he didn't even know Coastal was the lifter on the job. Greg Abry, president of the Louisiana Shoring Association and principal in a venerable home-elevation firm, said he saw photos of the work, agreed with Patterson's assessment that there was not enough steel cribbing to keep the house from toppling and allowed Patterson to use association funds to put the neighbor in a hotel for three nights.

In an ironic twist, Coastal has hired former Jefferson Parish President Aaron Broussard as a lawyer and Tom Rodrigue, the parish's former floodplain manager, as a consultant. Many residents blamed Broussard for Hurricane Katrina flooding that happened after he sent home pump station operators.

"The guy who let the parish flood after Katrina ends up working for Coastal to make money off the flooding," said Jay Warner, a former Coastal sales manager and one of the ex-employees Coastal accuses of stealing customers.

Coastal has pursued federally financed lift jobs under Jefferson Parish's Severe Repetitive Loss program, which Rodrigue oversaw from 2000 through the end of 2010. State law prohibits a former parish official, within two years of leaving his post, from helping a private company collect public funds he controlled. Rodrigue said he works part-time for Coastal and has been sure to not solicit any contracts or attend any Jefferson Parish contractor outreach hearings to avoid the perception of impropriety. He said he helps Coastal's grant specialists understand program regulations "so they can give homeowners the best possible information.

"It's all procedures," he said. "I'm not a salesman and have not solicited any homeowners, especially in Jefferson Parish."

Asked if he provided Coastal with any information about which properties qualify for the parish grants, Rodrigue said the amount of information was simply too vast for him to have provided his employer with any special advantage. "With the hundreds of properties I dealt with, I'd have to be Houdini to remember all of that," he said.

Coastal also acknowledges hiring a member of the State Licensing Board for Contractors, Donald Lambert, as a consultant last year. After Coastal received cease-and-desist orders because it did not have a residential contractor's license, the board granted Coastal the license last September and waived the requirement to pass an examination first. Lambert abstained from the vote.

David Hammer can be reached at dhammer@timespicayune.com or 504.826.3322.


President Obama, President Lee pitch trade deal in Michigan

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They visit heart of the region that has been hardest hit by foreign car competition

President Barack Obama and South Korea's President Lee Myung-bak are promoting a new trade deal by visiting an auto plant in Michigan, a state battered by Asian car imports, in a rare joint appearance outside of Washington by a U.S. president and a visiting head of state. In choosing General Motors Co.'s Orion assembly plant for a post-state dinner tour Friday, the two leaders will draw attention to an aspect of a U.S.-South Korea trade agreement that had been among the most difficult to negotiate. Congress approved the deal Wednesday after negotiators overcame U.S. auto industry complaints that previous efforts at a deal failed to do enough to lift South Korea's barriers to U.S.-made cars.

barack-obama-michigan.jpgPresident Barack Obama is greeted upon his arrival at Wayne County Airport in Detroit Friday en route to a General Motors assembly plant in Michigan to promote the free trade agreement between Washington and Seoul that was passed by Congress this week.

Obama is taking Lee to the heart of the region that has been hardest hit by foreign car competition, especially the influx of vehicles like South Korea's Hyundai.

Aides contend Obama drove a hard bargain -- insisting the deal give U.S. automakers a much better shot at selling in South Korea.

"He was willing to walk away from the (deal) because he didn't think it was good enough, strong enough, or provided enough protection for American workers and American businesses," press secretary Jay Carney told reporters as Obama flew to Michigan.

But for Obama, the trip is also an opportunity to highlight the auto industry's resurgence after he engineered an $80 billion government bailout for GM and Chrysler in 2009. The Orion plant, about 30 miles north of Detroit, had been shuttered before the federal government stepped in and helped usher the two carmakers through bankruptcy protection. The plant now is producing the subcompact Chevrolet Sonic and will start production of the compact Buick Verano soon.

The Sonic, the only subcompact sold in the U.S. that is assembled in the U.S., is being built with Korean parts. GM began building the Sonic last year following an agreement with the United Autoworkers that allowed the company to pay some workers lower wages that are more competitive with those in GM's foreign plants. The Sonic's predecessor, the Chevrolet Aveo, was built in South Korea.

All in all, Obama could profit from calling attention to policies aimed at benefitting Michigan, a state that has the third highest unemployment rate in the country at 11.2 percent and which represents an important battleground in his bid for re-election. Obama won the state by a 57-41 margin in 2008, but could face difficulties in the state, especially if his general election opponent is Mitt Romney, whose father was Michigan governor.

The trip also serves as an opportunity to illustrate his special relationship with the South Korean leader. Inviting Lee to the U.S. heartland is an unusual addition to the itinerary of a high-profile state visit. The two men were expected to fly separately to Michigan; once at the plant, both men planned to make remarks.

Lee's is the fifth state visit during Obama's presidency, but the first that has included added travel beyond Washington D.C.

President George W. Bush was more predisposed to travel outside the capital Beltway with foreign leaders. In 2006, he invited Japanese Prime Minister Junichiro Koizumi, an unabashed Elvis Presley fan, to Graceland. In 2001, Bush took Mexican President Vicente Fox to Toledo, Ohio, where the two addressed Hispanic voters the day after their state visit at the White House. The following year, then-Polish President Aleksander Kwasniewski accompanied Bush to a Polish cultural center in the Detroit suburbs.

In addition to the South Korea agreement, Congress approved free trade deals Wednesday with Colombia and Panama. The South Korea deal, which would be the largest since the North American Free Trade Agreement with Canada and Mexico, still must be approved by South Korea's National Assembly-- a vote that Lee said he was confident would succeed.

The South Korea deal alone could expand U.S. exports by $11 billion and support 70,000 jobs, according to the White House. The agreements would lower or eliminate tariffs that American exporters face in the three countries. They also take steps to better protect intellectual property and improve access for American investors in those countries. The last free trade agreement completed was with Peru in 2007.

Many labor groups opposed the deals, but the agreements won wide bipartisan support in part because their passage was linked to legislation to extend aid to workers displaced by foreign competition. Obama had demanded that the worker aid bill be part of the trade package.

Standing with Lee at his side during a press conference Thursday, Obama declared the trade deal "a win for both our countries," adding that he was "very pleased that it'll help level the playing field for American automakers."

Still, five of the six House Democrats from Michigan voted against the trade deal, including Rep. Gary Peters, whose district includes GM's Orion plant. Peters said Obama had helped make the deal fairer to U.S. carmakers, but said he believed the deal would cost jobs in Michigan.

The trade agreement comes as South Korea's Hyundai Motor Co. and Kia Motors Corp. are on track to set U.S. sales records this year. Both companies build car and light truck models in the United States, but also export vehicles to the U.S. market.

Last year, the Ford Motor Co. ran an aggressive ad campaign to improve the trade deal by pointing out that for every 52 cars South Korea exported to the U.S., the U.S. only exported one to South Korea. "We believe in free trade, and this isn't it," Ford said in ads that ran in newspapers across the country.

On Friday, Ford President and CEO Alan Mulally praised the deal, saying it would "open new opportunities for Ford to reach even more Korean customers."

Jim Kuhnhenn, Associated Press

Rick Perry says U.S. energy resources are key to economic recovery

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He promises far scaled-back federal regulations, and some 1.2 million new jobs, if he is elected president

Texas Gov. Rick Perry on Friday said unleashing America's energy resources was the key to curing the economy, promising some 1.2 million new jobs and far scaled-back federal regulations if he is elected president. The White House contender signaled Congress would have little role in the broad changes he proposed, which include expanding energy production on federal lands such as Alaska's Arctic National Wildlife Refuge, although he pledged to continue the ban on drilling in Florida's Everglades.

rick_perry_pennsylvania_steel.jpgView full sizeRepublican presidential candidate Rick Perry speaks about energy and environmental regulations at the United States Steel Mon Valley Works Irvin Plant in West Mifflin, Pa., on Friday.

Perry said he would overhaul the nation's energy policy through executive orders and, in the process, reduce America's reliance on foreign energy sources.

"We must get America working again and a big part of the solution is right under our feet and right off our coasts," the Texas governor said in a steel mill in West Mifflin, Pa., near Pittsburgh. "Creating jobs in America is as simple as changing presidents and that is the choice facing America."

Perry's speech on a "pro-American, pro-jobs energy policy" was as much a reflection of his governing style as his views on protecting the nation's shores and skies.

Perry has spent years in a bitter tit-for-tat with the Environmental Protection Agency, which he accuses of imposing regulations that are expensive and inefficient, forcing energy companies -- from drillers to refineries -- to cut jobs in order to comply with the laws.

Perry's speech did not mention that it can be years between when drilling begins for new energy sources and a significant number of jobs can be created.

"When it comes to energy, the president would kill domestic jobs through aggressive regulations while I would unleash 1.2 million American jobs through safe-and-aggressive energy exploration at home," Perry said. "President Obama would keep us more dependent on hostile sources of foreign energy, while my plan would make us more secure by tapping America's true energy potential."

The Obama campaign issued a statement suggesting Perry's plan was old-fashioned.

"Governor Perry's energy policy isn't the way to win the future, it's straight out of the past - doubling down on finite resources with no plan to promote innovation or to transition the nation to a clean energy economy."

Republican rival Michelle Bachmann said the only difference between her energy plan and Perry's was that hers could be implemented "without abusing executive power."

Perry pledged to change the public's view of the nation's abundance of coal.

"America is the Saudi Arabia of coal," he said. "The American economy shouldn't be beaten into the ground when ... lower energy costs lie right under our soil," he said.

With a nod to a capital locked in partisan fights, Perry promised Congress would play only a small part in his plan.

"It can be implemented quicker and free of Washington gridlock because most of it does not require congressional action," Perry said. "Through a series of executive orders and other executive actions we will begin the process of creating jobs soon after the inauguration of a new president."

And, he promised, it would come quickly: within the first hundred days of his administration.

"We're standing on top of the next American economic boom. It's the energy that's under this country."

As Texas governor, Perry has had no success bypassing the legislative branch the way he pledged he would to get his energy policy enacted quickly. He issued an executive order requiring all school age girls to be vaccinated against a sexually transmitted virus that causes cancer. The Republican-controlled Legislature swiftly passed a bill overriding that effort and Perry chose not to veto it in the face of strident opposition.

Perry's environmental speech comes as his campaign tries to move beyond some early bumps and his momentum seems to have slowed. Shaky debate performances took away some of his shine, and as voters got to know details of his record they seemed to sour on yet another GOP contender who was, at one point, an instant front-runner.

Perry hoped to calm those jitters with the speech, delivered at a U.S. Steel Corp. plant that produces sheet metal used to make household appliances. While echoing the popular-with-Republicans call for increased drilling on federal lands, he also appealed to parochial interests in relaxing oversight and allowing drilling in Pennsylvania.

But it is unclear that if shale drilling rules remain slack and the industry increases its activities, this would decrease U.S. reliance on foreign oil. The drilling being done in Pennsylvania, West Virginia and Ohio is largely for natural gas, not oil -- and the price of gas dictates the speed of production more than regulation or any other factor.

Labor Department data show that only a tiny percentage of companies that experience large layoffs cite government regulation as the reason. Since Obama took office, just two-tenths of 1 percent of layoffs have been due to government regulation, the data show.

Perry also spoke in support of the proposed Keystone XL pipeline that is under review at the State Department.

"It's either going to go west to China or south to America. I know where I want it to go," Perry said.

The 1,700-mile pipeline, which would travel through Montana, South Dakota, Nebraska, Kansas and Oklahoma, ending up on Texas's Gulf Coast, would carry an estimated 700,000 barrels of oil a day, doubling the capacity of an existing pipeline from Canada. Supporters say it could significantly reduce U.S. dependence on Middle Eastern oil.

The project has become a flashpoint for environmental groups who say it would bring "dirty oil" that requires huge amounts of energy to extract and could cause an ecological disaster in case of a spill.

"The quickest way to give our economy a shot in the arm is to deploy American ingenuity to tap American energy. But we can only do that if environmental bureaucrats are told to stand down," Perry said.

Texas has some of the most limited drilling regulations, but the state is also coming under fire from its own residents -- many of them staunch Republican, energy-backing conservatives -- who are demanding the industry be held to higher standards.

Philip Elliott of The Associated Press wrote this report. Ramit Plushnick-Masti in Houston and Chris Rugaber in Washington contributed.



Obama pulls plug on part of health overhaul law

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Officials were unable to find a way to make a long-term care insurance program financially self-sustaining

The Obama administration says it is unable to go forward with a major new program in the president's signature health care overhaul law. Officials said Friday a new long-term care insurance program has critical design flaws that could not be fixed to make it financially self-sustaining.

kathleen_sebelius_flu_shot.jpgView full sizeHealth and Human Services Secretary Kathleen Sebelius gets a flu shot in Chicago on Oct. 5.

Health and Human Services Secretary Kathleen Sebelius said in a letter to Congress she does not see a viable path forward at this time.

The CLASS program was supposed to be a voluntary insurance plan for working adults regardless of age or health. Workers would pay an affordable monthly premium during their careers, and could collect a modest daily cash benefit if they became disabled later in life.

The problem all along has been how to get enough healthy people to sign up.

Ricardo Alonso-Zaldivar of The Associated Press wrote this report.


Jefferson Performing Arts Center job riddled with errors, legislative auditor says

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Blistering report cites poor planning, scant oversight, political maneuvering

In June 2009, contractors working on the Jefferson Performing Arts Center wanted to add $6.2 million for "concrete revisions" to the structure's already burgeoning $36.8 million budget. So Tim Whitmer, the top aide to Parish President Aaron Broussard, told Capital Projects Director Reda Youssef to sign off on it.

Jefferson Performing Arts Center October 2011.jpgThe Jefferson Performing Arts Center sits unfinished Friday, 13 years after an architect was hired to design it and 4-1/2 years after construction began

Youssef refused, saying parish engineers estimated the increase shouldn't be more than $2.8 million.

But in a scathing new report that blames poor planning, scant oversight and political maneuvering for marring construction of the center in Metairie's LaSalle Park, the state legislative auditor describes how Finance Director Gwen Bolotte, without ever checking an invoice, cut a check for $5.6 million -- doubling Youssef's figure -- at Whitmer's request on June 24, 2009. That was the same day the Parish Council unanimously approved the change order, the fifth since breaking ground in 2007.

The incident was a prime example of the pratfalls that continue to plague the 1,000-seat theater complex 13 years after the an architect was appointed to design it. The change orders are now up to seven, tallying $18.1 million and pushing the project's total budget past $44.7 million. And that could climb again: According to the audit, officials are considering an eighth change order that balloon total spending beyond the project's current $52.4 million cap.

The audit is scheduled to be released to the public Monday, but The Times-Picayune was shown advance copies this week.

The report lambasts Jefferson officials for a litany of oversights, including that they:

  • Didn't fully answer contractors' questions before the bidding period
  • Put the project out to bid before the state fire marshal inspected the architectural plans.
  • Stored relevant documents in nine different locations
  • Never instructed the Code Enforcement Department to inspect the building
  • Let the general contractor operate without risk insurance
  • Didn't put a "audit clause" in the contract to let parish attorneys view the contractor's records without a subpoena.

General contractor, J. Caldarera & Co. of LaPlace, construction manager Perrin & Carter of Metairie and parish officials blamed unforeseen obstacles at the site, bad weather and inadequate design work by the project's original architect, Wisznia & Associates, as the main culprits for delays and cost overruns.

But the auditor's report suggests more factors were at work.

elton-lagasse.JPGElton Lagasse

Whitmer told legislative auditors that he had Bolotte cut the $5.6 million check for concrete revisions because Councilman Elton Lagasse asked for it. Lagasse told auditors he didn't recall but that if Whitmer said it, it likely was true, according to the audit.

Whitmer and Broussard resigned in January 2010 in an unrelated scandal involving parish insurance policies.

The legislative auditor's report partly blames the Parish Council's habit of deferring to individual members to select firms on no-bid service contracts in their districts. Thus in 1998, Lagasse's predecessor in the 2nd District, John Lavarine Jr., chose Wisznia to design the center.

"According to Mr. Lavarine, he chose Wisznia because they were the only firm to contact him regarding the center and that he was impressed by Wisznia's enthusiasm for the project," the audit says.

A technical evaluation committee had deemed Wisznia one of five qualified firms for the project but ranked it fourth. That the council didn't account for the committee's evaluation could be a violation of public bid laws, the audit stated.

Parish officials countered that the committee doesn't make recommendations and that all five firms were qualified to do the work.

Problems with the center's design began even before the first backhoe cut into the ground. The foundation had been deemed five feet too low, putting the center at risk for flooding. But rather than raise the design of the structure five feet at a cost of $500,000, Broussard agreed instead to buy annual flood insurance, the audit stated.

John Lavarine Jr.jpgJohn Lavarine Jr.

The council eventually hired Wisznia to design the center, Carothers Construction to manage the project and FM Squared to consult on operations. The state promised $20 million to pay for it. But the first construction bids came in too high.

In 2006, after hurricanes Katrina and Rita cried havoc on the prices of construction materials, the state ponied up another $8 million more and the Broussard administration sought a new round of bids.

But it did so before seeking the state fire marshal's approval of the plans. The fire marshal later identified 20 deficiencies that had to be fixed and recommended 52 additional changes to improve safety. "Since the parish did not wait for the inspection results, the deficiencies ... could not be addressed by the architect," the audit stated.

By the time the fire marshal weighed in, the parish had already awarded Caldarera the $26.5 million contract. Yet Caldarera complained in the audit that Wisznia and parish officials hadn't answered more than 400 questions from bidders about the plans before the construction companies submitted their proposals.

Construction began in February 2007, but the project was riddled throughout with evidence of poor accounting, according to the audit. In one instance, the Finance Department paid Carothers $87,500 on three separate occasions for the same invoice, according to the report. Carothers refunded $175,000 when it discovered the mistake.

The parish also reimbursed Wisznia $18,414 for travel expenses based on receipts that were turned in late or without a date on them -- breaking with normal policy, according to the audit.

The Broussard administration had no central database or a single individual responsible for reviewing invoices and supporting documents. Records were passed through a Byzantine chain of departments, including Capital Projects, Engineering and Finance before some eventually ended up with the Parks and Recreation Department, according to the audit.

The legislative auditor also pointed out that the Code Enforcement Department never inspected the project. In response, the current administration of Parish President John Young said the performing arts center fell under state jurisdiction. The state Office of Planning and Control said inspections and procuring permits on the local, state and federal levels are the parish's responsibility. There is no requirement for the state planning office to inspect the project, the audit stated.

Meanwhile, Caldarera operated for at least part of the project without a risk insurance policy. Company owner Joe Caldarera told the legislative auditor that he had an agreement with the parish attorney's office to hold off on buying one until the center's foundation was laid, but no one could corroborate that, according to the audit. The sixth change order, in December 2009 for $328,179, was to cover an additional 22 months of Caldarera's insurance costs.

With the project mired in uncertainty, parish officials replaced Carothers, the construction manager, with Perrin & Carter in December 2006 and let Wisznia's architectural contract expire in January 2007.

Jefferson Performing Arts Center artist's rendering.jpgArtist's rendering shows how the Jefferson Performing Arts Center is supposed to look when finished.

The state planning office told parish officials they had to hire an architect, according to the audit. Instead, Perrin & Carter subcontracted Anthony Gendusa in an apparent breach of industry standards. Those standards state the construction manager is supposed to be working for the parish, overseeing the designer. But Perrin & Carter had come to see the project as a "design-build," effectively allowing the manager and the designer to be the same firm, according to the audit.

"By hiring the architect and participating in the design drawings, (Perrin & Carter) may have impaired their independence in appearance and in fact," the audit stated.

Mike Carter of Perrin & Carter argued in a response to the audit that his firm never said the project was a design-build and was not the construction manager. Instead, Perrin & Carter only produced drawings to fix mistakes in the original design and only managed its subcontractors, Carter wrote, adding that Caldarera was responsible for managing the site.

"There is no design-build agreement in place that would allow (Perrin & Carter) to be a designer and contractor, or ... to be running the project in a way that would benefit" Perrin & Carter, Carter wrote.

Perrin & Carter has made $3.2 million so far from its work at the Jefferson Performing Arts Center, according to the audit. Caldarera has made $38.4 million and Wisznia made $1.9 million, according to the audit.

The parish is suing Wisznia to recoup some of its losses.

All of Louisiana declared an agricultural disaster area for 2011

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The designation also covers 12 Mississippi counties, nine in Texas and six in Arkansas

Floods, drought and other nasty weather have made all of Louisiana -- and 27 adjacent counties in Mississippi, Arkansas and Texas -- an agricultural disaster area for 2011. The U.S. Department of Agriculture says its declaration is based on combined effects of severe storms, tornadoes, severe spring flooding, Tropical Storm Lee, widespread drought and excessive heat since Jan. 1.

morganza_floodway_corn.jpgView full sizeA stalk of corn was photographed floating in the Morganza Floodway near Melville on May 24.

Thursday's declaration means farmers who lost money because of bad weather can apply for aid including low interest loans.

It covers 64 Louisiana parishes, 12 Mississippi counties, nine in Texas and six in Arkansas.

The counties are:

  • Arkansas: Ashley, Chicot, Columbia, Lafayette, Miller, Union.
  • Mississippi: Adams, Amite, Claiborne, Hancock, Issaquena, Jefferson, Marion, Pike, Pearl River, Walthall, Warren, Wilkinson.
  • Texas: Cass, Harrison, Jefferson, Marion, Newton, Orange, Panola, Sabine, Shelby.



Avondale Shipyard site's future brightens under deal with Navy

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Federal money now available for redeployment, as well as closure

Huntington Ingalls could get federal financing to help convert Avondale Shipyard for purposes that could keep at least some of the facility's shipbuilders employed, the Navy has told two Louisiana members of Congress. Huntington Ingalls, an offshoot of Northrop Grumman, had sought more than $300 million under a federal program that allows defense contractors to bill for consolidation costs related to closing a production facility.

Gallery previewThe program had been interpreted by federal officials as applicable only after Avondale is closed, according to members of the Louisiana congressional delegation.

But Sen. Mary Landrieu, D-La., and Rep. Cedric Richmond, D-New Orleans, said they recently told Navy Secretary Ray Mabus that encouraging the closure of the shipyard, which employs more than 5,000 workers, with taxpayer dollars was unacceptable. Landrieu said she followed up with a phone conversation earlier this week and praised Mabus for agreeing that the funds could be used to develop partnerships to allow Avondale employees to continue on the job, albeit with other projects.

Huntington Ingalls praised the Navy announcement, but said it still hasn't found another commercial use for Avondale, which is slated for closure in 2013.

"As was announced in July 2010, we plan to consolidate all Gulf Coast shipbuilding to Mississippi to better align the industrial base with the projected needs of our customers," Huntington Ingalls spokesman Bill Glenn said. "Since that announcement we have worked very closely with federal and state officials to find alternative uses for the facility and now, with the support of the Navy, Sen. Landrieu and the rest of the Louisiana congressional delegation, we are better positioned to explore possible redeployment opportunities."

Under the Navy announcement, Huntington Ingalls can still collect reimbursement for consolidation costs related to closing Avondale, but can also get reimbursement for costs associated with bringing other projects to the facility, Landrieu and Richmond said.

"This is an important announcement for the future of Avondale," Landrieu said. "By allowing the shipyard's owner to pursue other avenues of work, we have taken the incentive to close our shipyard off the table. We will continue to work with key stakeholders, including the state and private companies -- to keep our shipbuilders building."

Richmond said the Navy announcement confirms what he's been advocating for months. In July, he proposed legislation that would bar the Navy from providing a financial incentive to close a major job producer like Avondale.

"It is wrong to spend taxpayer dollars to incentivize closure and job loss," Richmond said.

On July 30, 2010, Northrop Grumman submitted a restructuring amendment to the Navy proposing that the company be reimbursed for $310 million in restructuring costs relating to the closing of Avondale. But the Navy said that the company hadn't provided adequate cost and pricing data to support its claim.

Navy officials couldn't be reached for comment Friday.

Bruce Alpert can be reached at balpert@timespicayune.com or 202.450.1406.



Buddy Roemer gains support with his backing of Occupy Wall Street movement

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All in all it was a good week for former Louisiana Gov. Buddy Roemer's under-the-radar presidential campaign. It was not a Herman Cain vault-to-the-front-of-the-pack week, but one in which "the inimitable Buddy Roemer," as Rachel Maddow called him, got some props for being the first, and still really the only, presidential candidate in either party to wholeheartedly embrace the...

All in all it was a good week for former Louisiana Gov. Buddy Roemer's under-the-radar presidential campaign.

occupy_wall_street_times_square.jpgView full sizeDemonstrators affiliated with Occupy Wall Street rally in New York's Times Square on Saturday.

It was not a Herman Cain vault-to-the-front-of-the-pack week, but one in which "the inimitable Buddy Roemer," as Rachel Maddow called him, got some props for being the first, and still really the only, presidential candidate in either party to wholeheartedly embrace the Occupy Wall Street movement -- whose message melds well with his central theme that money has corrupted Washington -- and mingle with the occupiers in New York on Tuesday.

As Danny DeVito tweeted, "Keep your eye on Buddy Roemer."

Bruce Alpert can be reached at balpert@timespicayune.com or 202.450.1406. Jonathan Tilove can be reached at jtilove@timespicayune.com or 202.450.1404.






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