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By Leslie Turk   
Monday, February 08, 2010
The INDsider has just learned that Melanie Lewis Edwards, director of Lafayette Consolidated Government's Community Development Department, announced her resignation, in French and English, to a group of co-workers in a tersely worded e-mail Friday. Edwards, who did not indicate why she resigned or where she is heading, did not immediately respond to an e-mail inquiry from The INDsider. Her e-mail reads:
Je vous écris pour vous announcer ma démission en tant que diréctrice de dévéloppement communitaire. Ma dernière journée de travail est 19 février. Merci à tous pour votre soutiens et assistance durant mon temps ici. Meilleurs v*ux.
I am writing to announce my resignation as Director of Community Development effective February 19th. Thank you for your support and assistance during my time here.
The INDsider was also unable to reach LCG officials for comment. At 5:33 p.m. today, City-Parish President Joey Durel's office issued a media advisory concerning a 10 a.m. news conference tomorrow (Tuesday) to announce a management change within an LCG department. The news conference will be held in the Executive Conference Room on the 2nd floor of City Hall.  

An LCG director since 2004, Edwards earned the lowest grade, D, on The Independent Weekly's October 2009 department head job performance assessment. Though the Northside High grad came to the position with an impressive résumé, including a master of international affairs from Columbia University in New York and work for the U.S. State Department in various position in D.C. and overseas, she never found her footing as community development chief. Read the department head grading story, "Stacking Them Up," here.
 
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By Leslie Turk   
Monday, February 08, 2010

In his landslide victory speech Saturday night, Mitch Landrieu, 49, delivered a message about unity. It was a fitting call for New Orleans’ mayor elect, who earned extraordinary biracial support in defeating five major challengers in an 11-candidate field to win the primary. In May Landrieu will become the first white mayor of the majority-black city since his father Moon, who served from 1970 to 1978 and has been credited with integrating City Hall and working hard to appoint blacks to top positions, including his chief administrative officer.

“I think Mitch was the leading black candidate,” businessman Troy Henry, who ran second with 14 percent of the vote to Landrieu's 66 percent, told The Times-Picayune. In what has been described by the T-P as an “unusual and gracious move,” Henry showed up at the Roosevelt Hotel, where Landrieu delivered his victory speech, to congratulate his opponent. Landrieu welcomed Henry onto the stage, two men shook hands and embraced, and Landrieu raised Henry’s hand to loud applause from the audience.

Read Landrieu’s victory speech here.

 
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By Walter Pierce   
Monday, February 08, 2010
It still feels strange saying it — the Super Bowl champion New Orleans Saints. What more can we say? Absolutely nothing. But here’s what some others are saying about the Saints’ victory in Super Bowl 44:

ESPN’s Jeffri Chadiha praises Brees’ poise and command of the offense.

In his “Monday Morning Quarterback” column, Sports Illustrated’s Peter King highlights two unsung heroes of the game: punter Thomas Morestead and back-up safety Chris Reis, who kicked and recovered, respectively, that daring on-side kick to open the second half.

“The Saints were too good, too polished, too inspired . . . too intent on bringing their wounded city a much-needed boost,” writes Indianapolis Star Colts columnist Bob Kravitz, who has much to say today, both about the Colts and the Saints. The irony isn’t lost on many Colts fans that the two Saints players most instrumental in the Saints’ win — Drew Brees (Purdue University) and cornerback Tracy Porter (Indiana University) — starred in college in the Hoosier State. Kravitz also wonders if the football gods didn’t exact revenge on the Colts for resting their starters late in the season instead of seeking a perfect record.

Citing the bookies in Vegas, the Web site Football Outsiders lists the Saints as the fourth most-likely team to play in the 2011 Super Bowl, behind New England, San Diego and most-favored Indianapolis.

Clark Judge at CBS Sports.com says the Colts’ conservative approach following an aggressive first quarter doomed them.

Brian Burke, who crunches NFL statistics for Advanced NFL Stats.com, analyzes Sean Payton’s gutsy calls — the on-side kick, the 4th and goal attempt, and the two-point conversion attempt — for The New York Times football blog, 5th Down.

And for number crunching of the eerie sort, Saints fans at raginpagin.com, an unofficial UL sports fan site, track the coincidences with the Saints, the Super Bowl and the number 4.
 
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By Leslie Turk   
Monday, February 08, 2010

The Saints have been good for the struggling newspaper business.

The New Orleans Times-Picayune’s Monday edition, plastered with a 5-inch-tall “AMEN” headline in honor of the Saints 31-17 victory over the Colts to clinch Super Bowl XLIV, is likely to be the 173-year-old paper’s best seller.

Ten hotels we checked in the warehouse district early this morning were sold out and awaiting more copies; the presses are continuing to roll. “We have been printing through the night and are continuing to print copies now to meet your demand. We appreciate your loyalty and patience on this great and exciting day for New Orleans and the Gulf Coast region,” The T-P wrote today. If you’re still in the Crescent City, here is a list of locations that should have papers available. Expect to wait in line.

 
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By Dege Legg   
Monday, February 08, 2010

Once again, Acadiana folks turned out in huge numbers at Academy Sports & Outdoors on Ambassador Caffery Parkway last night to buy Superbowl related merchandise, celebrate, and faithfully commune as the Who Dat Nation.

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By Dege Legg   
Monday, February 08, 2010

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By Walter Pierce   
Saturday, February 06, 2010

A day before the New Orleans Saints play in their first Super Bowl, former Saints linebacker Rickey Jackson was elected Saturday as a member of Pro Football Hall of Fame. The 51-year-old Jackson’s bust will be enshrined in the Canton, Ohio, hall in August; he is the first Saint elected to the hall.

A second round pick in the 1981 draft out of the University of Pittsburgh, Jackson played 13 years for the Saints (1981-1993), most famously as a member of the vaunted Dome Patrol linebacking corps that included Pat Swilling, Vaughn Johnson and Sam Mills, a group ranked by the NFL Network as the best of all time. During his career with the Saints, Jackson was selected to the Pro Bowl six times. His 123 career sacks with the Saints remains a team record. Jackson won a Super Bowl championship as a member of the San Francisco 49ers during a two-year, career-ending stint with the Saints' rival in the old NFC West.

 
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By Dege Legg   
Friday, February 05, 2010
Grant Street Dance Hall & the Green Monkeys of Lafayette Present: Who Dat for Haiti: A Gathering of the Who Dat Nation! Acadiana residents are invited to make a difference on Super Bowl Sunday by attending this fundraiser held at Grant Street Dance Hall on, Feb. 7.  This fundraiser will benefit SOLT (Society of Our Lady of the Most Holy Trinity) Haiti Kobonal Mission for Children and Art for Haitian Children, two organizations working in Haiti to aid the people affected by last month’s massive earthquake.

The event will start with pre-game music at 4 p.m. with The Drew Landry Band. Immediately following the game, Horace Trahan and True Man Posse will take the stage. Special musical guests include Ryan Brunet, Keith Blair, Kristi Guillory and Big Daddy Blue. A representative from the SOLT Mission in Kobonal, Haiti will be on hand to share pictures and stories from the earthquake and talk about the work the mission is doing for the 1,200 people they house and feed daily. Father Glenn Meaux of Abbeville leads a local mission of volunteers from the area to assist the people of Haiti with their recovery.

Funds raised will be divided between the SOLT Haiti Mission and the Art for Haitian Children program. Housed in one of the few buildings left intact after the quake, the children’s program is currently functioning as a soup kitchen for the neighborhood and a housing location for displaced children.

For more information:
www.solthaitimission.org
www.artforhaitianchildren.org.

 
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By Dege Legg   
Friday, February 05, 2010

If you’re out on the west end of town this weekend, roll by Bourque’s Social Club in Scott.

On Feb. 5, singer-songwriter Shannon McNally, who recorded an album of Bobby Charles songs before Charles' death and recently opened up for Willie Nelson, will hit the stage at Bourque’s. On Feb 6, the club will host a benefit to help with funeral expenses for Mike Trahan (the horn player who recently passed away at Artmosphere). It’ll be from 1- 7 p.m. with Mike Dean, The Picardy Birds, True Man Posse, Julian Primeaux, and The Freetown Hounds. Later that night, The Roebucks will rock an entire night of Buddy Holly Tunes with “A Tribute to The Day the Music Died.” On Feb. 7, Joey Broussard and the Scott Hustlers will play after the the Scott Mardi Gras Parade from 1-3 p.m. And later than night, Trueman Posse and Horace Trahan hook up and play after the Super Bowl.

 
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By Dege Legg   
Friday, February 05, 2010

Fusing the energy of punk rock with the historical legacy of old time roots music ain’t nothing new, but it sure is entertaining in a most satisfying way. Who were the original punk rock hell raisers in the days of yore? Freaking hillbillies, that’s who. When they weren’t tending sheep, they were feuding with their neighbors, making moonshine, or chasing pigs. One band coming to town this weekend that is still carrying that hillbilly flame into the 21st century with hillbilly revival of great unknown is The Hickoids. Since the '80s, they’ve been banging out torch song hardcore and speedcore country. They kept it weird in Texas when Texas wasn't yet ready to get so weird. For that we salute The Hickoids. They play Artmosphere on Feb. 6 with Louisiana twang lords, Dash Rip Rock.

POSTHASTE WITH THE HICKOIDS

   
hickoids6.jpg1. Life story of The Hickoids in 10 words...more or less. A decades-long hay explosion featuring down-home Tejas punks, expressing theyselves through “musics”
   








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2. Ya´ll played a lot of killer shows over the years. Best/craziest gig ever?
Impossible to really say. I remember a fantastic Valentine’s Day with the The U-Men in Seattle with the Butthole Surfers in front of a big crowd in LA. The shows with Loco Gringos back in the day...and many crazy times at the great Taco Land in San Antonio.
       


3. Worst gig ever?

Again, there are too many to enumerate! In El Paso after three songs and a major fight. And then being told you can take this $75 and leave now or continue and get nothing!
       
4. What are the top three things you’ve learned about the music industry in 20+ years? 
Thank god for Smitty (Hickoids singer who runs our business/label). Do it for love. Do it yourself.
       
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5. What is one thing you never do in Texas while wearing a dress?
Insult a cop.
          

 

 

 

6. The coolest land mammal is the __________.
Kitty cat.

7. Jim Morrison claimed to have the spirit of an Indian Shaman living inside his “fragile, eggshell mind.” What lives inside of The Hickoids?
Unending supplies of fun, irony, and amazement.
 
8. Fill in the blank. Pat Robertson is _____________.
INSANE!  He’s really gone waaaay off the deep end now! Need I say more?    

 
9. Got any cool Big Boys (legendary Texas punk band) stories from back in the day?

Just remember the little children gathered around the feet of both Chris and Tim, who big_boys.jpgwere more than happy to tell them specifically what music and behavior was “cool” and “right”. We had a great New Year’s gig this year with Chris and Gatesville over on the east side. It was wonderful at the Longbranch. I miss Biscuit, that’s for sure.








10. 2012. The next evolution of consciousness or blind date with disaster?
Every year be’s both, n’est ce pas? HEEEEEEEE-HAW!
   

 
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By Mary Tutwiler   
Friday, February 05, 2010
With all the mounting frenzy over the Super Bowl, it’s easy to forget that there is another contest going on that affects New Orleans. The day before the big game, Crescent City residents will go to the polls to elect a mayor to follow the tumultuous eight-year term of Ray Nagin.

Ever since Lt. Gov. Mitch Landrieu made a last-minute entry into the race, he has held a commanding lead in the polls, causing two candidates, Leslie Jacobs and Sen. Edwin Murray to drop out early. Murray had been heralded as the leading black candidate; once he departed from the contest the discussion about race escalated. The city has a majority black population. Should Landrieu win, he would be the first white mayor of New Orleans in 32 years and succeed the last white mayor, his father, Moon Landrieu.

John Georges, a white millionaire, and businessman Troy Henry, who is black, are the leading contenders for second place if Landrieu doesn’t take the race outright in the primary on Saturday. There is evidence of anguish in the African-American community, as shown by half-hearted endorsements of both Landrieu and Georges by the leading black publications.

The choice pundits describe is solidarity with black candidates versus the insider political ties Landrieu has statewide and most importantly to his sister, U.S. Sen. Mary Landrieu, ties that could give him unprecedented access to federal funding. Nagin, a political outsider when he was elected, was unable to work the system or rally the diverse elements in the city to work together. Mitch Landrieu is widely seen as a return to insider politics as well as an experienced administrator, seasoned by his two terms overseeing the state Department of Culture, Tourism and Recreation.

Polls open at 6 a.m. Saturday and close at 8 p.m. A runoff, if needed, will be March 6.
 
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By Nathan Stubbs   
Friday, February 05, 2010

It should have never been in doubt. New Orleans Mayor Ray Nagin is dancing in the end zone, having put together a thrilling last-minute drive to score city-funded Super Bowl tickets. In case you haven't been following: Last week, it was fourth and long as Nagin, feeling a little insulted that he was only offered the option to buy tickets in the "nosebleed" section, was still looking for a decent seat at the game, and debating how to pay for them. He told WBOK's Gerod Stevens: "I just thought that as mayor of the city, I would go to the (Super Bowl) as a representative of the city and of the Saints, and it wouldn't be an issue."

It looked like a long field ahead, but Nagin stepped up his game. Reminding any doubters that he is a seasoned veteran, he told WBOK: "Some people seem to forget I come from the business environment. So I got contacts at ESPN, USAToday, you name it. So I'm going to work it out." That's when Nagin made a critical call to the Saints organization.

With the goal line in sight, the mayor fumbled, then recovered when a reporter asked who paid for the tickets. "I paid for them," he told WBOK's Stevens before correcting himself. "Well, the city paid for them because this is an official visit, a business trip." Touchdown, Nagin. And the extra point is good as NOLA taxpayers will also fund the mayor's securtiy detail for the trip.

 
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By Walter Pierce   
Friday, February 05, 2010
The Third Circuit Court of Appeal this week sided with Marley’s Sports Bar on Jefferson Street downtown, backing a lower court’s summary judgment in favor of the bar in a suit accusing the night spot of  failing to offer adequate security for a pair of patrons who were attacked outside the bar.

Jeffery Arkell, the plaintiff, and a friend were beaten up by a group of six men, one of them wielding a baseball bat, on Sunday, Nov. 14, 2006, shortly after the bar had closed. Arkell suffered stab wounds, a broken arm and a contusion to the head. The appeals court, however, ruled that Marley’s was not responsible for providing security outside its premises after closing time: “Our initial inquiry in this case is whether Marley’s owed Jeffery a duty to protect him from attack in the middle of Garfield Street after closing hours,” the Third Circuit opinion states. “The law is clear, it did not.”
 
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By Nathan Stubbs   
Friday, February 05, 2010
Sen. Mary Landrieu took to the Senate floor yesterday with an impassioned speech pushing back on critics of the so-called "Louisiana Purchase," a Landrieu-brokered amendment that inserted $300 million in Medicaid funding for Louisiana into the Senate's healthcare reform package. Landrieu was derided in conservative circles, even labeled a prostitute, for what some saw as a classic example of political backroom bargaining in which Landrieu sold her vote. Here's a clip of Landrieu's speech yesterday from Fox News' "PoliJam":

 

 
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By Nathan Stubbs   
Friday, February 05, 2010
This just in: Peyton Manning and the Indianapolis Colts have toppled President George H. W. Bush to put the Super Bowls up 21-20 over the presidents with just three contests remaining. What is this madness? America's Bowl is the brainchild of sportswriter Don Steinberg (more on him here) which celebrates this year's historic alignment of Super Bowls and presidents — this weekend, Super Bowl XLIV (44) will be played during the 44th president's term — by pitting each president against his corresponding Super Bowl to find out once and for all which great American institution has been better throughout history. Gerald Ford, the 38th president, who as Steinberg sums up "pardoned Nixon, signed the Helsinki Accords to thaw the Cold War and lost his job to Jimmy Carter" or Super Bowl XXXVIII, a classic back and forth matchup between the Carolina Panthers and the New England Patriots (Ford never stood a chance). It's sports vs. politics, coach vs. commander-in-chief, The Gridiron vs. The West Wing, Madden vs. James Polk, Abe Lincoln vs. Joe Montana.

Each day on the blog americasbowl.net, Steinberg counts down to Super Bowl XLIV with another exciting matchup. It's going down to the wire. The Super Bowls now have a one-point edge over the presidents going into the final weekend. Next up: Clinton vs. the Giants helmet catch upset over the Patriots two years ago, George W. Bush vs. last year's Steelers-Cardinals thriller, and of course, President Barack Obama vs. what promises to be a classic matchup between the Colts and the Saints. Obama, and the presidents, appear to be out of their league here.
 
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By Leslie Turk   
Thursday, February 04, 2010

President Barack Obama nominated Elizabeth Erny Foote, a Lafayette native, to be U.S. District Court Judge of Louisiana’s Western District, replacing retired federal judge Tucker Melancon. U.S. Sen. Mary Landrieu recommended Foote for the position on July 31, 2009; the Senate Judiciary Committee must first confirm the nomination before it goes to a vote of the full Senate. No timetable has been set.

Foote is a partner at Smith Foote Law Firm in Alexandria, where she has practiced since 1979. She also served as law clerk for Judge William Culpepper, chief judge for the Third Circuit Court of Appeal. Foote is the immediate past president of the Louisiana State Bar Association. She earned her undergraduate and law degrees from LSU.

Though she was born in Lafayette and still has family here, Foote's family relocated to New Orleans when she was a pre-schooler. 

INDsiders might recall first reading about Foote’s likely recommendation by Landrieu in Peep Goat’s June 2009 column.

 
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By Leslie Turk   
Thursday, February 04, 2010

William Everett Nichols of Alexandria, president and owner of First Fidelity Mortgage Inc., was sentenced Thursday to six years in federal prison and ordered to pay $3.9 million in restitution for bank fraud. Nichols, 56, prepared fraudulent notes by forging signatures of borrowers, according to acting U.S. Attorney William Flanagan. 

Nichols pled guilty to bank fraud in November. The FBI investigation of Nichols and First Fidelity, dba Southern Funding, showed that Southern was involved in the mortgage lending business and provided mortgages to customers in central Louisiana. Sabine State Bank and Peoples State Bank, both of Many, provided credit to Southern for mortgages that were secured by customer notes pledged by Southern funding to the banks. Nichols also had private investors as a funding source.

Nichols forged signatures of borrowers and provided the fabricated notes as collateral. He is responsible for a total amount of loss to banks and private investors of $3.9 million. The case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Alexander C. Van Hook.

Thursday’s sentence was handed down by U. S. District Court Judge Donald E. Walter in Shreveport.

 
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By Leslie Turk   
Thursday, February 04, 2010

ESPN’s Scoop Jackson has the scoop on why you should be in New Orleans (where I’m heading) instead of Miami for the Super Bowl, with the exception of No. 4, as the Superdome isn’t open for the big game. And he left one reason out: New Orleanians may very well elect a new mayor in round one Saturday. That, too, is cause for celebration.

Read Scoop’s top 20 list here.

 
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By Dege Legg   
Thursday, February 04, 2010

collin_bullet.jpgHere’s further evidence that the decision to give tax breaks to movie productions filming in Louisiana, and specifically Lafayette, has not been all for naught. Bullet Films’ House of Bones will play on the Syfy Channel on Saturday, Feb. 6. at 6 p.m. CST. Filmed entirely in Acadiana, with many instantly recognizable local sites, House of Bones is a fictional account of TV ghost hunters investigating a haunted house. Bullet films, a Lafayette-based (via Los Angeles) production company, cast two Acadiana residents, Lafayette Entertainment Initiative Director Marcus Brown and local musician Collin Galyean, to play major roles in the film. In addition, numerous other Acadiana residents were employed as production assistants, camera operators, grips, editors, and other technical postitions.

 Syfy channel schedule for Feb. 6

 
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By Jeremy Alford   
Thursday, February 04, 2010

While elected officials and special interests from Louisiana are rallying behind the coastal initiatives included in President Barack Obama’s proposed budget, many of them are also opposing another section that increases the cost of doing business for oil and gas companies.

The administration’s fiscal year 2011 presidential budget contains $35 million for restoration projects sponsored by the U.S. Army Corps of Engineers, of which $19 million will go directly to construction. While coastal advocates stressed much more assistance would be needed in the future, the proposed line item was embraced practically down the line and on both sides of the fence in the Bayou State.

But Obama’s budget also calls for imposing roughly $40 billion in new and additional taxes on the U.S. energy sector over a 10-year timeframe. The bulk of the windfall would come from eliminating two accounting practices that have been in place since the first two decades of the 1900s: the percentage depletion of oil and gas wells and the expensing of intangible drilling costs.

Critics contend these changes would disproportionately impact independent oil and gas companies, which drill 90 percent of domestic wells and produce 82 percent of U.S. natural gas. “The elimination of these two accounting procedures would overwhelmingly impact smaller independent oil and gas explorers, not big oil,” says U.S. Sen. Mary Landrieu, D-New Orleans. “The result would be putting thousands more Americans out of work at a time when we should be creating, not eliminating, jobs. That is poor policy.”

Louisiana Department of Natural Resources Secretary Scott Angelle says the incentives have been critical to the financing of energy exploration for almost a century by helping companies manage the high financial risks involved in finding oil and natural gas. He adds that cutting back on drilling and domestic production would mean a decrease in supply and subsequent increase in cost for fuel, and estimates that every 50-cent increase in the price of gasoline means an extra cost to the nation’s drivers of $1.4 billion a week. “If we damage the economic structure that has allowed these new discoveries and sources of traditional energy we never knew we could reach before, then our potential for greater energy independence will remain buried underground,” Angelle says.

Barry Russell, president and CEO of the Independent Petroleum Association of America, says Obama failed to phase out the same tax incentives last year because small businesses were at the heart of the matter and because lawmakers recognized that the energy sector plays an important role in the U.S. economy. “One year later, that role is even more critical and apparent than it was back then,” Russell says. “Unfortunately, in his search for easy revenue, the president appears once again to be endorsing a series of tax changes that will result in fewer American jobs, less government revenue and a tightening of our already dangerous dependence on foreign, unstable energy.” He further says the changes would reduce investments in new U.S. production by 20 percent to 40 percent.

Some argue, however, that the proposed tax revisions would help the nation transition into a new economy. “With this budget, President Obama is starting to usher in a clean energy economy,” says Wesley Warren, director of programs for the Natural Resources Defense Council, an environmental advocacy group. “That means more jobs, less carbon pollution and a more secure nation.”

boustany_at_podium.jpgU.S. Rep. Charles Boustany, R-Lafayette (pictured left), a member of the tax-drafting House Ways and Means Committee, is opposed to the budget provisions. He says he asked Treasury Secretary Timothy Geithner to tell him how many jobs would be lost because of the proposed policy and Geithner responded in a letter stating that oil and gas tax preferences “encourage overproduction of oil.”

In response, Boustany offered up another question: “Does anyone really believe we have too much American energy production?” Boustany says he also inquired, in a floor speech, about how so-called “green jobs” would be created to take the place of those lost from less production and he received no answer.

In Louisiana, domestic energy exploration and production provides direct employment for more than 50,000 people. In Lafayette Parish, in the U.S. 90 corridor, more than 15,000 jobs are tied to the energy sector.

 
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By Nathan Stubbs   
Thursday, February 04, 2010
It's that time of year. You know it's Mardi Gras in Lafayette when the roads are lined with portable steel bridge foot barricades — 5,500 of them to be exact. Today, Lafayette Consolidated Government's public works department begins barricading the downtown parade route in advance of Saturday night's Krewe of Rio parade. Tomorrow the barricades go up along Johnston Street and North College and will remain along the shoulder of the roads for two weeks until pick up begins Thursday, Feb. 18. In addition, the department places 129 portable toilets along the 3.9 mile route.

"We recognize that business and property owners along the parade route are put at an inconvenience during the Mardi Gras Festivities," City-Parish President Joey Durel states in a press release. "We appreciate their patience and understanding as well as the patience and understanding of those traveling along the parade route during set-up and pick-up of the barricades. The result is a wonderful family-friendly Mardi Gras for the people of Lafayette Parish that adds to the quality of life for our residents to enjoy and brings in tourists from all around the world who want to experience the safe Mardi Gras experience that we offer."
 
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By Mary Tutwiler   
Thursday, February 04, 2010
First of all, who knew members of the Saints had personal chefs? I figured they did what I do after work, went home and made rice and gravy, or on a late night, picked up Popeyes. Turns out Reggie Bush, Jeremy Shockey, Darren Sharper, Cedric Ellis, Mike McKenzie and on occasion Marques Colston use the services of private chefs Gason Yen Nelson and Will Jones.

Nelson created Bush’s favorite, Bush’s Baked Beans, while Jones whipped up Shockey-Way Chicken. If you want to try out these team flavors for your Super Bowl supper, as well as a drink called the Cool Brees, click here.
 
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By Leslie Turk   
Wednesday, February 03, 2010

In addition to upholding the lower court decision that the Moss water intrusion case cannot go forward, the Third Circuit Court of Appeal dealt yet another blow to the Lafayette Parish School Board this week. The appeals court affirmed the July 2009 district court ruling that the sales tax division must return more than $443,000 in use taxes assessed to Scientific Drilling International Inc. for equipment stored in Lafayette Parish.

Houston-based Scientific, which paid the tax under protest, maintained that while the equipment was stored in the parish, it was used out of the parish and should not be subject to taxation. According to the Lafayette Parish School Board Sales and Use Tax Ordinance, argued Scientific, “only tangible property that is stored for use in the Parish is subject to the tax levy Ordinance.” The district court sided with Scientific last year, and the LPSB Sales Tax Division appealed.

In affirming the decision, released Wednesday, the Third Circuit panel agreed with Scientific's argument, noting that “the language of the Lafayette ordinance does not grant the authority to impose such a tax on property stored but not used in Lafayette Parish.”

Read the decision here

 
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By Mary Tutwiler   
Wednesday, February 03, 2010
Watching football is all about being a couch potato, so why not up the ante and become a couch cochon? Here in Louisiana we know all about that, but today, the New York Times is recommending cracklins as the snack of choice for the Super Bowl. Acadiana born chef Donald Link serves upscale fried pork belly at his restaurant Cochon, in the Warehouse District in New Orleans. But in the NYT, he’s featured frying cracklins Cajun style, with a chewy portion of meat and a healthy shake of Cajun seasoning, just the way we’ve been eating them since we could walk. For a look at how the world looks at pork fat, fried in fat, with salt, click here.
 
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By Walter Pierce   
Wednesday, February 03, 2010
moss.jpgThe 3rd Circuit Court of Appeal today released a judgment upholding a lower court ruling finding that the Lafayette Parish School Board cannot sue an architectural firm for water intrusion problems at N.P. Moss Middle School.

In 2008, the LPSB filed suit against architects Corne-Lemaire, the firm that designed Moss, as well as the Alexandria construction company that built the school. Late in 2007, water intrusion problems were discovered in the school, which was completed in 1999, precipitating the closure of the school for the spring 2008 semester. A state district judge in Lafayette ruled that the school board could not sue the architects or builders because a five-year window between accepting the completed job and filing suit had closed. The board appealed to the 3rd Circuit, which upheld the ruling:
We find no merit to the position advocated by the School Board. Applying well-established jurisprudence to an analysis of this case, we find the School Board did not acquire the right to sue Corne-Lemaire until it discovered damage to N.P. Moss Middle School in 2007. ... As more than five years passed after Corne-Lemaire’s work was accepted by the School Board, the suit brought in 2008 was untimely.
Read the full judgment at the 3rd Circuit’s Web site.
 
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