The gist: For the past year or so, LCG has honed policy for the dawn of 5G networks. Tired of waiting, Councilman Kenneth Boudreaux short-circuited the deliberation, introducing his own policy ahead of the administration’s schedule.
The gist: For the past year or so, LCG has honed policy for the dawn of 5G networks. Tired of waiting, Councilman Kenneth Boudreaux short-circuited the deliberation, introducing his own policy ahead of the administration’s schedule.
Stop. What’s 5G? A quick oversimplification: 5G is the next (fifth) generation of cellular networks projected to supplant 4G and LTE service in the coming years. 5G networks use dense clusters of small wireless transmitter boxes, attached to existing utility poles or mounted on short towers, to broadcast connections comparable to fiber speeds and reliability. Phones have not yet been developed to use 5G — AT&T’s 5G E is not 5G; it’s LTE plus marketing — but the event horizon is only a couple of years away. Cities are now grappling with policies to deal with fleets of transmitter boxes — i.e. “small wireless facilities” — in public rights of way. It’s progress, but also a nuisance.
Boudreaux compiled a policy to regulate deployment of 5G transmitters in the city and unincorporated areas of the parish. He introduced it as an ordinance, which governs “small wireless facilities,” at Tuesday’s City-Parish Council meeting. It defines things like fees and permitting and defines aesthetic restrictions. Over the past year or so, Boudreaux tells me, he talked with some of the major telecoms developing the technology — like Cox, Verizon and AT&T — but pulled from policies adopted in other Louisiana cities to craft his ordinance. His draft resembles one passed in Baton Rouge in 2017 and shares some of the same exact language. He says the administration should have acted a while ago.
He forced the administration to move. Boudreaux allowed LCG’s legal team to sub in its own draft ordinance as an amendment to his. The legal department and administration worked for the last year or so on the policy with a D.C. law firm specializing in communications. The administration’s draft policy is more detailed and applies stricter guidelines for how the boxes look and where they can be placed. Fees are different too: Boudreaux’s ordinance charges $270 annually per device to add them to city-owned utility poles; while the administration’s policy bills $220. You can view Boudreaux’s original ordinance here. And the administration’s ordinance here.
“My God, Crowley has adopted theirs already,” Boudreaux tells me. His decision to put forth an ordinance ahead of legal was spurred by watching small communities like Carencro adopt policies while Lafayette had yet to do so. (My family is from Crowley, for the record.) In pushing an ordinance, one he admits was not quite ready for prime time, Boudreaux intended to force a public conversation and position himself to lead it. “I gotta govern in a way other people don’t have to,” he explains. One primary concern, he expressed Tuesday night, is that poles could clutter the neighborhoods in his district. He showed the council a picture of a squat, unsightly tower pimpled with grey boxes in McComb-Veazey. It’s not clear where the tower came from. (Maybe it’s a ghost tower.)
Rapidly adopted policies have caused problems in other markets. Baton Rouge rushed an industry-friendly ordinance in July 2017 only to circle back to close loopholes later that year. Still, downtowners there fussed when AT&T began planting 80 5G towers, sometimes in the middle of sidewalks.
5G could pressure LUS Fiber. Some observers say the technology could one day challenge fiber-to-the-home internet service. 5G networks are cheaper to build in neighborhoods that don’t currently have fiber-to-the-home in place (like many of the areas Boudreaux represents) and can be used to add fixed internet service wirelessly. Others say it’s not likely to supplant fiber service altogether, but it could muscle fiber-based internet providers around in the market.
What to watch for: How the council approaches the policy discussion going forward. Boudreaux’s move appears to have pushed the administration into the conversation ahead of schedule, and the draft ordinance swapped in is now subject to council debate at final adoption in a couple of weeks. Other communities have haggled over how much to charge telecoms for the use of public space. Baton Rouge charges $250 per device. Other cities charge thousands. Money will play a big factor in the discussion here.
The gist: Leaving the courthouse Wednesday, the consensus among observers was that former Knight Oil Tools CEO Mark Knight would trade in his affluent lifestyle for the confines of the Lafayette Parish Correctional Center. But there’s a catch.
If Knight qualifies for the sheriff’s Alternative Sentencing Program, he’s likely to return to the comforts of his luxurious home with an ankle monitor after reporting to the jail on Feb. 15 to begin his sentence.
15th Judicial District Judge David Smith sentenced the wealthy businessman to a year in the parish jail on a corrupt influence conviction for the critical role he played in the 2014 conspiracy to plant illegal drugs on his brother, Bryan, and have him arrested in an ill-fated attempt to wrestle control of the family company.
In August, Mark Knight, 61, pleaded no contest (which has the same implications of a guilty plea) to public bribery and corrupt influence. On the former, he was sentenced Wednesday to four years hard labor, suspended, three years of active supervised probation, a $1,000 fine, court costs and 300 hours of community service. He also must forfeit $87,000, the amount prosecutors say he paid to his three co-conspirators — then-Knight Oil employee Russell Manuel, former Lafayette Parish Sheriff’s Deputy Jason Kinch and former State Trooper Corey Jackson. Manuel, Kinch and Jackson pleaded guilty. Manuel got no jail time, and Kinch was sentenced Wednesday to three years hard labor, suspended, two years of active supervised probation, a $500 fine, 150 hours of community service and court costs for public bribery. He got a year of home incarceration for corrupt influence. In early December, a prescient Kinch boasted to a sheriff’s deputy that he would only get probation, saying a deal had “already been worked out,” according to a media source who overheard the conversation.
Jackson will be sentenced in April.
Wednesday’s sentencing brings closure to the years-long saga that has forever tainted the Knight legacy and hastened the downfall of one of Acadiana’s largest privately held companies. Had Mark’s case gone to trial, Assistant District Attorney Alan Haney promised to introduce evidence from a March 2015 Knight Oil Tools internal investigation showing that Mark laundered money, used corporate funds for personal expenses and stole $2.4 million from the company through the sale of scrap pipe and tubing.
Haney implored the judge to put both Knight and Kinch behind bars, arguing this specific crime was a distortion of the entire criminal justice system because it manipulated police officers who arrested Bryan, and then attempted to hoodwink prosecutors and the courts to convict him.
Haney singled out the prosecutorial instincts of the late ADA Richard Weimer, who immediately recognized there was “something fishy” about the arrest and declined to prosecute Bryan Knight. “They used me as a weapon,” Haney maintained, urging the judge to send a message to the wealthy and powerful Mark Knights of the world that they “can’t use me and they can’t use you.”
“It calls into question everything we do,” the prosecutor told the judge. “Anything less than jail time is not appropriate,” Haney said, making special note of federal judges who have been sentencing to more than a year in jail first offenders who violated the public trust, specifically naming Barna Haynes, who used to work in the district attorney’s office. “Everyone is watching,” Haney emphasized.
Mark Knight’s criminal defense attorney, Mike Skinner, asked for leniency, calling his client a “good, kind and generous man” and a “loving husband and son.” Skinner talked of how Knight had worked his way up in his father’s company and built it into the largest of its kind in the world. He also spoke of Knight’s charitable work, stressing the amount of good deeds he did “mostly anonymously,” and said that “the circumstances surrounding this case are extremely unlikely to occur again.”
Judge Smith spoke of the numerous letters that had been written to the court on Mark’s behalf, including one from his victim, Bryan. Bryan’s letter will remain under seal, Smith noted.
What has not been previously reported is the extent to which the lead investigator believed much of the Knight family was involved in the scheme to clear Bryan out of Mark’s way. The 32-page arrest affidavit for Russell Manuel, written by then-Lafayette Parish Sheriff’s Captain Kip Judice and obtained by The Current, includes shocking accusations by Manuel that numerous family members were aware of the plan to set Bryan up, though the extent of their alleged involvement remains unknown.
From the affidavit:
“According to Manuel Mark Knight was 100% aware that the plan had changed from just catching Bryan with illegal drugs … to plant[ing] the dope on him. Manuel stated that this all started after a meeting with Manuel, Trish Knight (Mark’s wife), Pam Nagota (sic) (Trish’s twin sister), and Heather Knight (Mark’s daughter). Heather told Manuel that [her brother] Zack’s wedding was coming up and the family did not want Bryan arrested near the wedding date and that they wanted Bryan in jail for the wedding.”
At the sentencing, Judice told me the family members named by Manuel refused to be interviewed during his investigation. “My thoughts are it was common knowledge in the Knight family that these officers were targeting Bryan,” Judice said. “Each individual’s level of knowledge varies. I do think that both Mark Knight’s wife and Heather had specific knowledge that there were added benefits to make [the arrest] happen, the payments.”
After the verdict. A stoic Mark Knight ignored this reporter’s questions. His attorney, Skinner, called Manuel’s allegations of family involvement “ridiculous.” Skinner declined any additional comment, citing the ongoing civil suit filed in federal court by Bryan Knight against his brother, Manuel and the two former law enforcement officers.
District Attorney Keith Stutes declined to comment on Manuel’s claims of family involvement.
The gist: Lafayette’s future utilities director could make $250,000, close to the salary retired LUS Director Terry Huval earned to run both LUS and LUS Fiber. The council introduced a measure to bump the budgeted salary to that figure for the newly independent position.
It was originally budgeted at $150,000 when Robideaux moved to split LUS and LUS Fiber into separate departments during last fall’s budget process. He pegged the Fiber director’s salary then at $115,000. Huval was far and away the highest paid public employee in Lafayette Consolidated Government, a distinction that drew some criticism from budget hawks like Robideaux. (Robideaux, according to some, once bragged that no one in his administration would make $250,000.) Some council members pushed back on Robideaux’s original budget, saying good talent couldn’t be had at those prices.
“If we know these numbers are too low, what are we doing?” Kenneth Boudreaux pressed Robideaux at the time.
“I don’t think it’s enough if that’s what you’re asking me,” Robideaux replied.
So why $250,000 and why now? By law, Robideaux must get approval from a contract engineer to fill the position. That consultant, NewGen Strategies & Solutions (no affiliation with NextGEN Utility Systems, the failed LUS suitor), advised the administration that a new director for a utility the size of LUS (a $300 million enterprise) should cost around $250,000.
We still don’t know how much a Fiber director will cost. That’s a separate issue, not managed by NewGen. Boudreaux, who clamored Tuesday night about the new salary, produced an estimate from 2013 that a Fiber director should cost $200,000. If that figure is close to right, new directors of LUS and LUS Fiber combined would cost $450,000.
“That’s $450,000 without even blinking,” Boudreaux told me ahead of the meeting, frustrated with the hurdles jumped to raise LCG employee salaries 2 percent last year, including an override of Robideaux’s veto.
What to watch for: How quickly a new director is recruited and installed. Current interim Director Jeff Stewart, a Huval lieutenant, says he’s interested in the gig. Stewart is already spearheading a public process for the electric system’s integrated resource plan — essentially a long-term planning process that determines how much power is needed and where it will come from — a first for LUS. Stewart tells me that process should be underway in June and could take a year or more. That means the new director could come on board in the middle of a transformative time.
The gist: Lafayette General Health will use a new federal tax advantage program, created by the 2017 tax overhaul, to develop near the Oil Center and invest in healthcare startups. The hospital announced the move at an information session about federal Opportunity Funds, held Wednesday.
Opportunity Funds are a new form of investment vehicle that provides tax advantages meant to spur investment in Opportunity Zones.
Opportunity Zones are low-income census tracts that were nominated by local governments, selected by governors, and approved by the federal government last summer.
Lafayette’s Opportunity Zones include the Oil Center, UL’s main campus, downtown, and the University Avenue corridor from downtown up past I-10 almost to Carencro.
LGH has already been investing in real estate. Over the last few years, through the Lafayette General Foundation LGH has established a Real Estate Investment Fund (REIF), which acquires, finances, or develops real estate that LGH leases.
Now it has plans for developing Hospital Drive. Big plans, in fact, including a 3 to 5 story medical office building that will be a new home for the Cancer Center of Acadiana and LGH’s neuroscience work. This development will also include housing for LGH’s medical residents and retail space.
The project could breath new life into the Oil Center. The Oil Center could have been River Ranch, LGH CEO David Callecod told conference-goers, because it’s a safe walkable community with retail and restaurants; it just never had much housing. The Hospital Drive development project will create a live/work/play experience for LGH’s medical residents, with the longview of encouraging them to start their practices in Lafayette once they graduate medical school.
Opportunity Funds are ideal for enabling LGH’s aspirations. While LGH was already investing in real estate, because the Oil Center was selected as an Opportunity Zone LGH can create an Opportunity Fund to provide additional tax advantages to recruit investors to help fund the development project.
And real estate may only be the beginning. Opportunity Funds can also be used to invest in companies. For some time, LGH has been investing in health care startups through its Healthcare Innovation Fund. And it’s currently looking at making an investment in a company that may be relocating its headquarters to the Oil Center. If that company is successful, then in the future LGH’s Opportunity Fund could provide additional investment capital to fuel further growth of this as-of-yet-unnamed startup.
LGH is already reaping rewards for investing in startups. At the event, Cian Robinson, executive director of innovation, research, and real estate investments at LGH, announced that the fund had its first successful exit. Start-up HealthLoop was purchased last fall for $200 million. LGH invested around $1.5 million into the company, clearing $4 million in just a few years with the sale. LGH is currently raising funds for its second Health Innovation Fund.
Voters demand flexibility and quick responses, but representatives are hamstrung in their ability to divert dedicated funds.
The gist: Supporters held two private drag queen readings at a public library branch Sunday to muted protest and little else. Threats of violence and heavy protesting didn’t materialize.
The scene was relatively uneventful. A few dozen families showed up for the readings, held in two sessions at the South Regional Branch of the Lafayette Public Library. Kids got their faces painted, held balloons, did the hokey pokey and listened to three drag queens read stories about tolerance. Outside, Catholic protestors prayed the rosary and sang hymns over bagpipes, holding signs with slogans like “Drag Queens = Childhood’s End.”
“If we allow the corruption of children to happen, then we are corrupted as well,” Thomas Drake, a protest organizer, told KLFY.
All bark and no bite is how Story Time organizer Aimee Robinson described the threats of violence that harried the event, most of which were on social media threads posted by local news outlets and Facebook page Lafayette Citizens Against Taxes. The library paid for several LPD officers to provide security. The three drag queens were escorted to and from their cars by the officers.
“They went above and beyond,” Robinson says of the officers assigned, describing them as kind, courteous and understanding. “I couldn’t be happier. My hat’s off to them.”
Supporters are calling it a victory. Sunday’s readings were not directly related to last fall’s library-sponsored event, organized in collaboration with an LBGTQ+ fraternity at UL Lafayette, that ignited controversy and drew a failed and spurious federal law suit. Robinson says it nevertheless took a lot to pull the readings off, which were originally scheduled in December.
“We had to get the ACLU involved,” she says. After the original library-sponsored event was canceled (crowd control/safety being the purported reason), Robinson and fellow supporters booked a room for a private, Christmas-themed reading. That effort was blocked at the last minute when attorneys representing the library and Lafayette Consolidated Government produced a room reservation form that effectively banned any drag queen-related events until the federal suit was complete. (The suit was dismissed last week.) The ACLU intervened and the library and city officials agreed to strike the reservation form, a clear First Amendment violation, paving the way for Sunday’s readings.
What to watch for: More readings and if the library ever officially hosts Drag Queen Story Time. Robinson says she intends to hold more private readings, potentially in Breaux Bridge. Many opponents say their issue wasn’t with DQST itself, but that the library sponsored and promoted the event last fall. The library had attempted to move that event from its Downtown branch to the South Louisiana Community College, where it was ultimately postponed amid security concerns. In a press release at the time, library officials committed to hosting DQST with the fraternity in the future.
The Advocate has pounced on The Daily Advertiser’s newsroom, snatching up several reporters and a senior staffer in a coup that could cripple Lafayette’s flailing daily.
The gist: A spurious federal lawsuit filed to stop the library’s Drag Queen Story Time event planned last fall was formally dismissed Jan. 31. The court ruled the out-of-state fringe Christian organizations that filed suit had no standing.
The ruling was long expected. A federal magistrate recommended the case be thrown out last month, saying plaintiffs Chris Sevier and John Gunter Jr. failed to show “dollars-and-cents” injury from the library’s organization of Drag Queen Story Time, given the pair live out of state and don’t pay local property taxes. Both Lafayette Consolidated Government (by way of Mayor-President Joel Robideaux) and the Lafayette Public Library (by way of Director Teresa Elberson) were named defendants in the suit.
Sevier, an attorney and EDM producer, is a litigious agitator on LGBTQ+ issues — same-sex marriage, transgender rights, etc. — and has filed dozens of suits on bizarre grounds across the country. His cases typically argue the LGBTQ+ community is in effect a faith ideology. Any government interaction, he claims, like issuing marriage licenses or promoting a Drag Queen Story Time, is tantamount to state-sponsorship of a religion, and thus a violation of the First Amendment’s establishment clause. He teamed up with West Virginia-based extremist Christian ministry Warriors for Christ to sue the Lafayette Public Library.
“By bringing this lawsuit, we are unapologetically and firmly defending the civil rights movement led by pastor Martin Luther King,” Sevier told News 15 last year. Sevier made national headlines for other legal stunts like suing Utah for the right to marry his computer and Apple for not preventing porn from ruining his marriage.
Magistrate Judge Patrick Hanna was clearly exasperated with the case in December. He complained the court was “snowed in” by Warriors for Christ filings during a hearing on an ACLU intervention into the case on behalf of DQST supporters.
Drag Queen Story Time is back. Supporters have booked two private readings at the library’s south regional branch this Sunday. Religious groups and opponents have begun circulating information about it. Organizers say they expect some protests and have arranged for security. Sunday’s events are not directly affiliated with the program, planned by an LGBTQ+ fraternity at UL Lafayette, that sparked the last few months of controversy and attracted the attention of Sevier and Warriors for Christ.
That event was postponed indefinitely when a venue big enough to accommodate scores of sympathizers and protestors couldn’t be found.
The gist: Year-to-date sales in Lafayette Parish approached $5.5 billion through November 2018, according to a release from LEDA, on pace to surpass $6 billion. That puts local commerce in shouting distance of 2014’s $6.4 billion peak with a month of reports to go.
Total taxable sales in the parish were up 4.4 percent from 2017 and 5.6 percent from 2016 in that time period.
But the city’s lagging behind: The city of Lafayette performed the worst among municipalities, up only 1.4 percent, compared with 28.2 percent in Duson, 19.3 percent in Youngsville, 17.3 percent in Scott, and 9.2 percent in Carencro. Even unincorporated Lafayette Parish beat the city with a 3.7 percent uptick.
More than 70 percent of the total retail sales in the parish happen in the city of Lafayette. It’s still the region’s shopping anchor. In the city, apparel, general merchandise and building material sales are all down from last year. LEDA CEO Gregg Gothreaux says that’s in part due to belt-tightening and a correction from flood-related boosts in construction.
“The downturn forced people to curtail spending,” Gothreaux says. “Apparel is something that can easily be put off, and the sales numbers over the past four years reflect that. People focused on purchasing necessities — looking for the best bargains — or may have occasionally splurged at the hot, new store. The 2016 flood spurred a modest increase in building materials sales that has since returned to pre-flood levels.”
Up but still down: While the parish’s performance might be up from last year, sales through November were off more than $300 million from 2014. The cities of Lafayette and Broussard and the unincorporated parts of the parish are all down more than $100 million each from where they were back then.
Up and up and up: But some parts of the parish have seen a steady rise in retail sales despite the economic downturn in the parish the last few years. Youngsville‘s up about $60 million since 2014, Scott about $40 million and Carencro more than $50 million.
Duson‘s all over the place: If you compare 2018 to 2014, Duson’s down about $1 million. But if you compare it to 2013, it’s up almost $11 million. But then if you compare it to 2012, it’s down more than $24 million. What’s going on in Duson?
More sales = more revenue for government, but in a good way: When total taxable sales go up, so too do sales tax revenues for schools, city governments, and economic development districts. That means more money for government without having to raise taxes. Modest increases in sales tax receipts in the unincorporated area helped patch a temporary budget hole when a plan to sell a parish-owned parking garage to the city fell through. Unincorporated Lafayette parish has been routinely raided of its sales tax revenue through annexations by nearby towns and cities.
Good news, but … Rising retail sales is an indisputably good thing. But Lafayette still has a ways to grow to recover lost ground. So while we celebrate finally getting some good economic news, let’s not forget that this just suggests the bleeding has stopped. There is still a lot of healing left to do.
Anyone with personal knowledge of the workings of the library knows the people who volunteer to serve on the board of control always act solely in the best interest of the library system and the public.
The gist: Waitr is busy taking over the Lemoine building. CGI is sniffing for office space. Meanwhile, new residential projects in the works could break down the housing dam.
Vermilion Lofts broke ground last week to some who’s who fanfare. The project, a mixed-use development at Johnston Street and W. Vermilion Street, represents something of a coup for Downtown. Scheduled for completion by fall of this year, the loft development will feature 24 units (studios and two-bedroom apartments) and 3,600 square feet of commercial space on the bottom floor. Developments like Vermilion Lofts are the norm in successful urban centers; Lafayette’s got a long way to go.
“This project will set the tone for the future,” Downtown Development Authority CEO Anita Begnaud told onlookers, basking in “chamber of commerce” sun. (No fewer than three speakers made use of that turn of phrase.) “This is what we’ve been waiting for for a long time.”
Housing is showing up at the right time. Waitr has moved into the top floor of the Lemoine building at the north end of Jefferson Street and is reportedly slated to take over all three floors in the not-so-distant future. The app company’s rapid expansion is poised to bring scores of new jobs, if not hundreds. Meanwhile, tech consultant CGI has been after space Downtown to accommodate 400 new jobs announced in an extended incentive deal with the state last year. This is the virtuous cycle of urban development. Who knows, maybe a grocery store is next *insert interrobang.*
“We need to ask the question if there’s good alignment among all the pieces,” Begnaud says of the outlook. “How do we move at the speed of business to make it as cost efficient and timely. Those conversations are starting to happen.”
Vermilion Lofts makes four substantial housing developments on the way after years in a residential quagmire. Four projects, in varying stages of development and certainty, would bring around 200 new housing units Downtown. That’s still well below the 1,000 units a 2017 market study estimated Downtown could handle. (That figure is down from 2000 in 2011.) Here’s the rundown:
- Vermilion Lofts: 24 apartments and studios. Under construction. Estimated completion in 2019.
- Buchanan Heights: 30 townhomes. Under construction. Estimated completion unknown.
- The Monroe: 70 apartments. Seeking approval for HUD financing. Estimated completion one to two years.
- Place de Lafayette: 68 apartments. In due diligence. Deadline for completion Dec. 31, 2020.
The big question: Is Downtown ready for success? Vermilion Lofts tested the limits of Lafayette’s aging wastewater system. LUS has not given the all clear on the project’s 34-unit second phase. Sewer capacity remains a challenge long term; Place de Lafayette (the old federal courthouse redevelopment) will have to invest in sewer upgrades to go forward. That project is not yet a sure thing. But it’s not just the pipes that could clog up momentum; some developers say it’s just too hard to build Downtown.
“It’s great we have a lot of momentum, but that momentum can only go so far,” Vermilion Lofts developer and architect Stephen Ortego tells me, if the district doesn’t figure out how to navigate developers through thorny regulations and higher taxes.