In the early morning of Sunday, February 12, fire spread from the kitchen of the Creole-Italian-Cajun style eatery, causing irreparable damage to both the inside serving area and to the roof of the structure on 613 W. St. Bernard Highway in Chalmette.

Fire Chief Thomas Stone says that the restaurant has filed a claim for $225,000 in an effort to repair damage from a fire caused by the spontaneous combustion of rags in the kitchen. A clean-up crew had visited the restaurant the night before the fire to wash five loads of rags, but they only washed the rags once, leaving a flammable residue of oil and dirt on the used rags. Left in a five-gallon bucket under the kitchen sink, the rags oxidized and caught fire, destroying the kitchen entirely and leaving the roof with partial fire damage. The only area left unscathed was the Sicilian room.

Tommy Tommaseo, owner of Rocky and Carlo’s, declined to give any statement except that the restaurant will be rebuilt. Contractors have already begun their assessment, as insurance adjusters detail the full extent of the damage.

The Chief has noted that there’s been a lot of activity at the restaurant and hopes to see it make a quick comeback as it’s such an important part of the St. Bernard community. “I’d gone myself the night before the fire,” Chief Stone said. “My daughter had had an exceptional day at school and we all went to dinner to celebrate.”

St. Bernard Chamber of Commerce CEO Stephen Reuther commented on the community loss.

“It’s devastating when something as unpredictable as a fire happens to a small business,” Reuther said. “It’s exceptionally difficult for the community when that business is a cultural and culinary landmark that brings people in from all parts of the New Orleans area.  Hopefully the staff and employees at Rocky’s can hold tight until the restaurant is back up and running, and I’m sure that with Tommy’s [Tommaseo] energy and passion for good food, Rocky and Carlo’s will be back in operation within a couple of months.”

Rickey Diecidue

Glenn Rocher

Two St. Bernard Parish government employees were fired and subsequently arrested, following an investigation into stolen Parish property.

Glenn Rocher, 31 of Chalmette, and Rickey Diecidue, 53, had both been employed with St. Bernard Public Works’ Road Department for over two years, a division of Parish Government.

According to Sheriff-elect James Pohlmann, a recent joint investigation by the Administration and the Sheriff’s Department revealed that Rocher and Diecidue had been taking large amounts of metal from the Road Department, then cut up the metal and sold it as scrap.

“Rocher was booked on January 5, after a tip to the Sheriff’s Office about him cutting up stolen light poles in his back yard led to him being found with the property,” Pohlmann said. “Subsequent investigation led to his accomplice.”

Investigating detectives were able to draw a link to the two men using a Chalmette scrap yard’s logs that the pair had frequently used to trade stolen materials.

“One of the men had scrapped $10,000 worth of aluminum to a scrap yard over a period of time,” Pohlmann said.

Rocher was booked with felony theft and possession of stolen property, while Diecidue’s charge was limited to felony theft.

New Parish President David Peralta had previously cited, indirectly, that an internal investigation had been taking place, as that was one of the functions of his new security officer, Sgt. Jarrod Gourgues, who had been assigned to Peralta earlier this year.

“An investigation is continuing into other unsolved thefts,” Peralta said. “We’ve had a problem with thefts, including light poles taken from work sites. A number of bleachers for recreation activities are also missing.”

In his statement, Peralta said that thefts of this nature are a common problem with government agencies in Southern Louisiana, but also said such thefts will not be tolerated at any level and prosecutions will be pushed for.

Rocher has been released on bond of $16,500 while Diecidue was released on $5,000 bond.

Taking steps in that direction, Councilman Casey Hunnicutt proposed canceling the parish’s contract for a lobbyist in Baton Rouge for the upcoming session. This one move would save $72,000 a year in expenses. However, critics said the savings come at the cost of a voice in the Capitol during a particularly difficult fiscal year.

“In terms of the 2012 Operating and Capital Budget, we are potentially facing a shortfall. Consequently, we will have to make the necessary adjustments to ensure that services do not suffer,” Peralta said in his Council address. “I can assure you my staff and I will do everything possible to bring back fiscal responsibility to our parish.”

Following this delivery, the Council debated the merit of Councilman Hunnicutt’s legislation, to enact the out-clause for the lobbying contract with DAR, Inc.—who have been representing the parish’s interest in state discussions and budget matters.

“These lobbyists, we pay $72,000 a year to,” Hunnicutt said. “Now, I believe that money can be spent more effectively on parish interests, with more direct effect to residents.”

DAR, Inc., has already been paid for the months of January and February this year, so with the required 30-day notice, the move would net the parish an immediate $60,000 for 2012’s operating budget, and the full $72,000 every year thereafter.

Hunnicutt said the service is unnecessary given the shortfall hovering over the heads of officials and tax-payers, and especially since there are other means to voice St. Bernard’s concerns in Baton Rouge.

“I think the people elected us to make sure their interests were being enacted, they didn’t elect someone to pay someone else to do that,” Hunnicutt said.

However, Councilman-at-Large West George Cavignac said his experience with the lobbying firm—which is based in St. Bernard and holds thirty years experience—had been positive, and the influence they offer can pay off.

“We’ve had a lot of discussions on this,” Cavignac said. “They’re a very, very effective lobbying firm and know what they’re doing in Baton Rouge.”

Cavignac cited $2 million last year successfully allocated to St. Bernard Parish out of the State’s capital outlay fund, money that came during a time when cuts were rampant and funding was fought for feverishly.

“I know a lot of your argument is, ‘Is the money worth it?’” Cavignac said. “I ask that you at least consider the effectiveness. I appreciate the good government approach of saving $72,000, but last term [DAR] had been so effective, the Council extended their contract… this is an instrument for St. Bernard Parish.”

Hunnicutt said that representation is an effective tool, but the parish has access to lobbyists for substantially less. By his estimates, the government was paying nearly ten-times too much for the service, and with so many new representatives and officials, it would be wrong to default to lobbying at this point.

Richard Lewis, District C, after reviewing the substantial amount of research provided by Hunnicutt, saw the savings as a more immediate benefit to the residents.

“We can save $72,000 a year, to be used for the parish’s own economic development,” Lewis said.

“I think the money is very slim-pickings in Baton Rouge, and to pay this to a lobbyist when we have access to two lobbyists already makes no fiscal sense,” Lewis said, referring to the two lobbyists the Parish has access to through their membership with Police Jury Association. “And if we really do need someone in Baton Rouge, we have Rep. Ray Garofalo as a voice.”

The final result was the Council enacting the out clause for their lobbying contract with DAR, by a vote of 5-2, with Councilman-at-Large Cavignac and District E Councilman Monty Montelongo dissenting.

Ethics Board
The Council and Parish President also furthered their discussions on establishing an ethics board to monitor over officials, a key campaign promise of Peralta’s presidential run.

The St. Bernard Parish Ethics Board—named in the home rule charter for St. Bernard Parish (Sections 8.04 and 05) and cited therein as a security precaution against government corruption—has never been established. The previous Council had debated the matter, but the final vote failed to yield results.

“We tried to pass it last term, because it is in the charter, but it failed, of course, four to three,” said Councilman Cavignac.

However, the current administration and members of the council have both expressed interest in seeing the board put in place this term.

“The administration has initiated the process of seating an Ethics Board,” President Peralta said to the Council. “All applications will be forwarded to the Appointments Review Board for consideration.”

“We’ve had a lot of interest, from people wanting to apply,” Peralta said.

The final list that comes out of the Appointments Board will then move to the Council’s floor, who have the power to ratify four of the seven members to sit on the committee. The remaining three are designated by the Clerk of Court. The members will serve four year terms, and will hold subpoena power over government activities and must display all findings in The St. Bernard Voice, the official journal of St. Bernard Parish, for public review.

Cavignac and District A Councilman Ray Lauga, the sole remaining members from the last council and on opposing sides of the previous ethics vote, have said they are in favor of moving forward with the process, but the potential political motivations could play into how any final vote is cast.

Lauga, who had voted down the ethics board formation during the last council session, said his fears about the board being manipulated or used for political motivation are ever-present and need to be addressed as part of the formation process.

“I’m not against an ethics board or an independent auditor,” Lauga said. “I just don’t want it to become a political tool. So it comes out, ‘Lauga is under investigation by the ethics board,’ and it turns out not to be true and it was only done because it was an election year, we’ll have a problem.”

“Have a process, where if someone comes with a complaint, and then it goes to the state, and is evaluated by a third-party auditor, with a clear process, I’m okay,” Lauga said.

“There is finally a drive to get this done,” said Councilman Cavignac. “And to make sure it has the authority needed.”

As to Lauga’s expressed concerns, Cavignac said clear procedures and guidelines should be part of the discussion as this moves forward.

“That is a valid point, and I’m sure we’ll discuss those, because it’s important the Board operates the way it’s designed,” Cavignac said.

Hospital Legislation
The good-government debate extended to another item, introduced by Councilman Lauga, which suggested extending the restrictions on members of the Hospital Service District Board.

The ordinance, only being discussed for introduction to the executive finance committee and future public hearings, suggested extending the current two-year limit on presiding HSD members from being hired or working with the Hospital to a five-year limit.

Opposition came from two board members in the audience, Jim DiFatta and chairman Wayne Landry, and was split in message. Landry accused the legislation of being insulting and overtly targeted at him, while DiFatta said the legislation did not go far enough.

“It’s a good move, a good government move,” DiFatta said. “I think you have a chance to take this five-year restriction and apply it to every board… and even to this Council.”

DiFatta, the only sitting member remaining from the Board’s original formation, said he has worked for five years, for no pay and seen plenty of dirty politics about, and that this move, if extended could ease many fears in the community.

“I think you’ve got the right concept here, but do the people a service and do that across the board,” DiFatta said.

“To take the position that the Hospital Board needs more legislation than any other is insulting,” said Landry, who fought a similar move made at the state level, by former Rep. Reed Henderson. “This is about targeting legislation, why not just write, ‘Wayne Landry cannot do business with the hospital,’ and spare the rest of the Board the insult.”

Both men asserted they have taken the posts, with no pay, to ensure the proper services are brought to St. Bernard, and executed properly, and never have any intentions of being hired by or doing business with the parish hospital, once completed March or April of this year.

“If no one plans to do business with the hospital anyway, then this shouldn’t effect anyone,” Lauga responded.
With the introduction, the ordinance moves to the Executive Finance Committee, where Council Chairman Guy McInnis expects, “a healthy amount of debate on this.”

The next EFC meeting is on Wednesday, February 1, at 2 p.m in Council Chambers. The next scheduled Council meeting will be February 7, at 7 p.m.

Members of the St. Bernard Parish Council have released details on a recent security breach at their main office, in the Government Building in Chalmette.

As the newly elected Council members were still preparing to take the oath of office several weeks ago, a meeting between members of the Council and administrative representative William McCartney was scheduled.

That meeting was convened on the first floor of the Government Building on W. Judge Perez. After nearly two hours of discussions, District D Councilman Casey Hunnicutt noticed a tape recorder had been concealed under the table and running the entire time.

“”It happened [unfortunately], but we’re increasing security,” Hunnicutt said.

The first floor meeting room in the W. Judge Perez site is open to other sections of parish government, including the Fire Department staff—who met in the same room before the Council’s meeting—and the room is really accessible to anyone walking near the area of the Council Offices.

Though Councilman Hunnicutt said that the subject of the meeting was very informal, and no sensitive Government information had been exchanged, his concern is the breach itself, not the information collected.

“We’re getting ready to start taking more measures, such as cameras, because it’s not only the recording, but there are documents back there which are one of a kind,” Hunnicutt said.

District A Councilman Ray Lauga, who had not attended the meeting, did comment on the incident as an unfortunate start for the freshmen members of the dais.

“It’s upsetting that these guys just started and they’re getting recorded,” Lauga said.

The St. Bernard Sheriff’s Office was made aware of the situation, but, as no criminal activity was apparent in the incident, the matter remains an internal investigation for the Parish.

Parish President Dave Peralta has previously acknowledged internal security issues as a major focus for his first 100-days of office. Council members said they plan to work with the administration to ensure Government is protected from further breaches.

“We have conducted appropriate security site surveys and made changes to ensure compliance with rules and regulations, as well as taking action to address criminal activity at all government sites,” said the Parish President.

UPDATE…

After the initial report ran, Councilman-at-Large East Guy McInnis responded, citing the matter as not only criminal, but possibly in the realm of federal prosecution.

“This matter is most certainly a criminal matter,” McInnis said. “To suggest that it is not a criminal matter suggests that one of the attendees placed the recorder in the conference room. The Sheriff’s Office has the evidence and it is my belief that this is an ongoing investigation. I do not believe that the parish is investigating this incident. It is my understanding that the person or persons who placed that recorder in the conference room violated federal law and is subject to prosecution.”

This week, St. Bernard Parish mourned the passing of long serving legislator and native son Samuel “Sammy” Nunez Jr.

Nunez passed on January 15, 2012, at the age of 81 from complications resulting from pneumonia.

As a former member of the Louisiana House and Senate—including service as the President of Louisiana State Senate in 1982—the St. Bernard native had voted on and introduced many pieces of key legislation for the state. Among his accomplishments were sitting on the 1973 Constitutional Convention and was a major player in the construction of the current Crescent City Connection.

Sammy Nunez (1932 - 2012) Former St. Bernard Parish Senator, District 1

The late senator also assisted with the creation of local Nunez Community college, named in honor of his late wife, Elaine Nunez.

“He was always trying to take care of his parish and the state of Louisiana,” said The St. Bernard Voice Editor Emeritus, E.M. Roy.

Pallbearers included newly named Louisiana State Senate President John Alario, as well as State Senator Hank Lauricella, former State Rep. Ken Odinet, St. Bernard Parish District Attorney Jack Rowley, former Jefferson Parish District Attorney John Mamoulides, retired Major of LA State Police Ken Curlee, George Kleinpeter and nephew Hillary Nunez.

Two pending suits filed by the Meraux Foundation Board are against Amigo Enterprises, a company partially owned by current St. Bernard Sheriff and former foundation board member Jack Stephens.

The facts of the case are shrouded in mystery and conjecture, as soon after the suits were filed, the Foundation requested the files sealed, and the Court, having heard no objection, temporarily sealed the files, pending a hearing early next month.

The Arlene and Joseph Meraux Charitable Foundation was founded in 1995, for the betterment of St. Bernard Parish. However, once Arlene Meraux, previously ruled as the beneficiary of Joseph Meraux’s $250 million or more estate, was deemed mentally incompetent by the Court of Judge Wayne Cresap, the estate fell under attorney Sal Gutierrez.

Gutierrez went on to join the five member board, which took control overseeing the foundation following Arlene Meraux’s death. The other members were Meraux’s heirs Rita and Floyd Gue, attorney Sydney Torres III and Sheriff Jack Stephens.

However, Guiterrez and Stephen relinquished their roles in late 2011. Stephens’ ownership in Amigo also includes contractual and financial ties with the Meraux Foundation, including any profits made from commercial rental properties, which are said to be the basis of the suits.

A hearing is scheduled for February 3 at 9 a.m., in the courtroom of Division D Judge Judge Kirk Vaughn—34th Judicial District. There, Vaughn will hear testimony on the two Meraux Foundation suits, and whether those facts show any legal basis for sealing the records from the public.

Tylon Richard was chosen as St. Bernard Middle School’s Student of the Year.  Tylon is a well-rounded and involved student at
St. Bernard Middle School.  He has been a key player on the Eagle Football Team, a member of the Jr. Beta Club, and a PBIS Teen.  With his repectful nature and responsible work ethics, Tylon serves as a role model to his peers.  He is the son of Cami and Melvin Richard of the St. Bernard Community.  Tylon is pictured with, from left, St. Bernard Middle School’s Principal, Susan Deffes and St. Bernard Middle School’s Assistant Principal, Angela Seibert.

The St. Bernard Historical Society and parish historian, William Hyland, laid a commemorative wreath honoring the American Navy and the Battle of Lake Borgne which took place on December 14, 1814. The society recognizes the contribution of Pat Pescay for supplying the vessel which took the society members and representative of the US Navy (Matt Hahne) to the site in Lake Borgne.Pictured from left: Pac Brian, Pat Pescay, Matt Hahne, James Melancon, Byton Ruib, Anthony A. Fernandez, Jr.

“CHS provides its students with an extensive athletic program.

Hurricane Katrina damaged many of the school’s athletic facilities, and joint recovery efforts remain underway to ensure these facilities are entirely repaired so the athletic program can fully operate,” said FEMA’s Louisiana Recovery Office Deputy Director of Programs Andre Cadogan. “Our most recent funding supports continued recovery efforts at both CHS’s baseball and football stadiums.”

New FEMA-funded work at CHS’s baseball field facility includes the replacement of the school’s concession/restroom building, dugout repairs, seating and fencing repairs. Recovery work funded at CHS’s football field facility includes both “home side” and “visitor side” repairs at the concession buildings and press boxes, as well as bleacher repairs.

“We appreciate the continued support of FEMA in funding the recovery work at the Chalmette High School athletic facilities,” said St. Bernard Parish Superintendent of Schools Doris Voitier. “FEMA has been a valued partner in our total recovery, and we look forward to a shared effort to complete all of our projects.”

Construction on the athletic field facilities began in April 2010 and is expected to be complete in 2012.

“High school sports tend to bring community members together. So in addition to the students, hopefully these restored athletic facilities will also be enjoyed by their families and friends too,” added Cadogan.

Including this grant, FEMA has provided approximately $438 million in total to the St. Bernard Parish School Board for Katrina and Rita related recovery work necessary to restore many of their storm-damaged facilities.

When FEMA approves projects through its supplemental Public Assistance grant, the funds are made available to the Governor’s Office of Homeland Security & Emergency Preparedness, who disburses them to the applicant for eligible work completed.

The Public Assistance program works with state and local officials to fund recovery measures and the rebuilding of government and certain private nonprofit organizations’ buildings, as well as roads, bridges and water and sewer plants. In order for the process to be successful, federal, state and local partners coordinate to draw up project plans, fund these projects and oversee their completion.

“In an Order and Reasons of the United States District Court for the
Eastern District of Louisiana, dated December 28, 2011, the Gulf Coast Claims Facility [GCCF] was ordered to withhold 6 percent of any and all amounts determined to be paid to eligible GCCF claimants to be deposited into a Court supervised Escrow Account,” the official statement read.

That escrow account, which is to pay expenses for the Plaintiff Steering Committee, was cited in a previous letter from the GCCF as the source of the stall. The GCCF said it was awaiting further court input on how to address payments to this account while paying out to claimants who had settled since November 2011.

“In a letter dated January 3, 2012, the GCCF sought clarification of the Court’s Order and on January 4, 2011, the Court issued an Order clarifying and amending its previous Order insofar as it applied to payments or settlements made by the GCCF,” said the Claims Facility.

The Court order, signed by Judge Carl Barbier, had set certain amounts to be held from GCCF and BP settlements. In the updated order, Judge Barbier clarified exactly what percent would be withheld, and from which claimants:

“In response to the GCCF’s concerns, the Court clarifies and amends its previous order insofar as it applies to payments or settlements made by the GCCF:

• A 6 percent hold-back shall be applied to all prospective payments made to all claimants who were not issued a payment determination letter from the GCCF on or before December 30, 2011.

• The 6 percent hold-back does not apply to settlement payments (interim or final) made on or before December 30, 2011, nor does the hold-back apply to settlement offers contained within payment determination letters from the GCCF which were issued on or before December 30, 2011.”

The order comes following Barbier’s decision that claimants, regardless of their participation in litigation, or those who outright settled, because all plaintiffs benefitted from the work provided by the PSC, including the U.S. Supreme Court decision in February 2011, that the GCCF, Ken Feinberg, and Feinberg Rozen, LLP were not to be considered or advertised as “neutral” or “independent” from BP.

“Considering the unique circumstances of this case, it would be unfair to allow parties to benefit from these activities of the PSC, but avoid contributing to the common benefit fund simply because they are able to settle directly with the GCCF and avoid filing a claim in the MDL,” Barbier said in his original order. “Other parties have filed lawsuits or claims in this MDL, but then withdrew their claims once they had settled with the GCCF. Again, such parties have likely benefited from all of the common benefit work performed by the PSC.”

Technically, another order is needed for PSC to actually take control of the money.