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Liquor store zoning cases almost always cause major headaches for the Shreveport Metropolitan Planning Commission (MPC) and the Shreveport City Council. And such is the case with the recent highly publicized application by Lakeshore Liquor to open a liquor store on the southeast corner of Gilbert and Kings Highway.

Two tie votes by the Council on Tuesday left standing the MPC decision to grant a special use permit to allow the sale of high content alcohol at the old Circle K location. 

The sale of beer and wine is allowed under the current zoning. The special use was required for liquor sales.

After the vote, all parties involved left unhappy.

Bernie Woods, the owner of Lakeshore, complained of the site plan improvements mandated by the MPC approval.

Neighborhood residents were devastated by the failure of the Council to deny the special use permit.

The Council’s decisions, both on the site improvements and the special use permit, can be appealed within 30 days to the Caddo district court.

An appeal by Woods will probably be unsuccessful. 

The mandated site improvements are consistent with the new Circle K that is on the northwest corner of Gilbert and Kings Highway and the Valvoline (formerly Time It Lube) on the southwest corner of that intersection. 

The limitation of hours of operation from 8 am until midnight versus 24 hours a day are also reasonable. Woods himself testified at the Council that he would probably be open from 10 am to 9 pm, maybe 10 pm at most.

The MPC requirements to close the westernmost driveway are needed due to heavy traffic on Gilbert. And the other requirements for fence repair, landscaping, irrigation, etc are consistent with all new site plans under the UDC.

From the perspective of the neighborhood residents, there may be some basis for judicial relief. The emphasis here is on “may”.

The UDC requires, the MPC Board to consider the following factors before granting a special use permit: (1) whether it is an appropriate activity at the proposed location based on the UDC and standard zoning practices, (2) how it might impact the neighboring land uses and the health, safety and welfare of the public, and (3) whether any negative impacts can be successfully mitigated. 

The MPC Board also has the authority to add conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use permit to protect the health, safety and welfare of the public when necessary. 

There are several businesses within a 1 block radius of the location that sell beer and wine.  These include Brookshire’s Grocery, Chevron Gas Station and Convenience Store(REMOVE?), and the Circle K Gas Station and Convenience Store. However, none of these retailers sell liquor. 

This site will become the first along this stretch of Kings Highway to sell hard alcohol. Other alcohol retailers are farther away, but also in the area. These include: Super 1 Foods and Wal-Mart on Shreveport-Barksdale Highway, and CVS at 3300 Youree Drive. Of these, only Wal-Mart sells liquor. 

The MPC staff report noted that, despite neighborhood opposition, that “with a single liquor store retailer in the general area, it is difficult to provide a compelling reason, from a land use perspective, to recommend denial of the application.” The report noted that the required site improvements and limitation on hours of operation should lessen the impact of this land use.

There is little doubt that a liquor store is incompatible with the mixed residential use of the entire block on Kings Highway from Centenary to Gilbert. However, a liquor store probably is consistent with the retail establishments on King Highway to the west of Gilbert. 

Aggressive litigation by the residents may be successful from the point of view of delay and cost to Woods.

Litigation can easily take a year before judicial resolution, and the costs for attorney fees and court costs can be daunting. Additionally, an adverse decision to the residents at the trial level can be appealed, which would further impede the opening of the store.

This case will be interesting to follow, if for no other reason to see how the UDC and the votes of the Council, will be reviewed by the court(s). 

For those expecting a new place to buy a pint on the corner of Kings Highway, they best keep on driving, because it will be a while. Like in a long while.

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When the Planet Aqua group announced in September of last year that they would open an aquarium in Shreveport many observers had substantial questions on its likelihood of success. 

Initially, this was to be the first aquarium to be constructed and operated by this group.

Secondly, the business was to be operated as a ‘for profit” organization. Thus there would be no tax deductions for contributions made to the aquarium.

Thirdly, the economics of ticket sales versus operating costs appeared to be shaky at best.

And as time went along, the promised opening date of September 1, 2017 kept being pushed back for various reasons that seemingly did not “hold water.”

The aquarium officially opened to the public on November 1 of this year. Reportedly attendance has been high which was expected since it was the new kid on the block for child friendly entertainment.

As expected the local media has showered the aquarium with substantial free publicity. And all the usual suspects have showered warm “fuzzies” on this new attraction, including BRF’s Entrepreneurial Acceleration Program that has the aquarium on its wall of fame.

But tell all that to the five local companies that have not been paid for the construction work building the aquarium. Liens have been filed totally $238 thousand dollars plus–$238,880.60 to be exact.

Those who have not been paid are: Rimmer Electric, Inc.($91,232.91); The Payne Company($67,213.50); PPT, Inc.($10,233.00); Mid South Fire Solutions, LLC($11,717.59); and The Blocker Co., Inc.($58,483.60). 

The aquarium group has not responded to an email inquiring about the liens. The Louisiana Secretary of State website reflects that Shreveport Aquarium LLC, which operates the aquarium, is not in good standing for failure to file an annual report.

How much money is owed to others for construction of the aquarium is unknown. And how much longer the lien holders will wait until taking legal action to collect is also unknown.

What is known is that the City of Shreveport gave the aquarium a lease of the former Barnwell Center for $1 a year. And then expended $1.5 million of dedicated bond funds for asbestos removal, etc from the building that was a direct cost savings to the aquarium group.

How much vetting the City did of the aquarium group before cutting the highly publicized deal is unknown.

If one wants to take a stroll through the area’s newest tourist attraction, don’t wait too long.

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On October 19, 7-5 majority of the Caddo Commission voted for the Parish Administrator to take appropriate action to have the Confederate Monument removed from the Caddo Parish court house grounds.

The Commission acknowledged that the Shreveport Chapter 237 of the United Daughters of the Confederacy (UDC) owned the monument. The Parish and the UDC disagreed on the ownership of the land under the memorial.

The resolution did not set a deadline for removal. Nor did it authorize the expenditure of Parish funds for the removal or storage if the UDC failed to do the same.

After the Commission’s vote, a lawsuit was filed electronically by the United Daughters of the Confederacy in the United States Western District.

The UDC suit requested an injunction against the Parish for removal of the monument. It also requested that the court rule the UDC to be the private property owners of the land under the monument.

A hearing on the injunction will be held on December 11. Judge Robert James of Monroe will hear the case in Shreveport.

The UDC is represented by Dave Knadler of Mansfield. Parish attorneys Donna Frazier and Henry Bernstein represent the Parish.

The UDC’s pleadings assert that an injunction is needed until the ultimate resolution of the land ownership is judicially resolved. To be successful, the UDC must be able to show the likelihood of irreparable harm if the monument is removed before the final court decision. 

There is a possibility of damage to the 100 year old (plus) monument if it is removed.  And if damaged, the cost of repair is also unknown.

The Parish has an estimate of $278,650 to remove and store the monument. The estimate to reassemble the monument, if stored, is $298, 400. 

The Parish may have difficulty in proving any real harm for the monument to remain at the courthouse during the course of litigation. 

At the trial on the merits, the UDC will no doubt introduce the minutes of a Caddo Police Jury (the predecessor to the Parish Commission) that authorized the donation to the UDC of the land that is now under monument. However, the Police Jury never executed a deed to comply with the resolution. 

The trial on the merits of the case will not be set until after the December 11 hearing.

It is anticipated that the case will not be heard before June of next year. 

It can be expected that the losing party will appeal to the Fifth Court of Appeals in New Orleans. After that, relief can be requested from the United States Supreme Court. Unlike the right of an automatic appeal to the Fifth Circuit, the Supreme Court decides which cases to hear.

Bottom line, no quick action can be expected on the removal of the monument. Perhaps the only good news is that no tax dollars will be spent by the Parish for outside legal counsel on this suit.

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It’s a political axiom that the top elected official gets the blame when things go south. The same is true in the military and in Fortune 500 companies. 

As reported by Inquisitor editor Danny Lawler last week, the Shreveport murder count as of Tuesday, November 21 was forty-five. 

“Justified” homicides, considered to be self defense, was six. (Sources question this classification, stating the true murder rate through that date was forty-eight). 

Since then there has been another murder and another homicide which will probably be deemed “justified.” 

Ollie Tyler was sworn into office in December 2014. 

She has had two police chiefs during her term. 

As mayor she can ask for a resignation from the Shreveport Police chief at any time, without reason. 

Tyler has not asked Caddo Sheriff Steve Prator for law enforcement assistance. Nor has she called on the Louisiana State Police.

Tyler was the director of Caddo Middle Schools and deputy superintendent from 1994- 2000. She then served as Caddo School Superintendent from 2003-2007. 

Crime is often the product of socio-economic factors. Poorly educated students are most often the perpetrators of crime. Many of these were in Caddo schools while Tyler was in leadership positions. 

And as far as jobs, Shreveport has had a significant job loss during Tyler’s tenure. Unemployment no doubt contributes to criminal activity. 

Tyler’s prior leadership in Caddo public education and the relationship of Caddo’s poorly graded public schools can not be denied. 

Likewise, she can not deny the synergy between crime and public education. 

And the same is true with the lack of meaningful jobs in Shreveport. 

As mayor she is ultimately responsible for Shreveport’s crime rate. Tyler needs to acknowledge and accept this fact if she is considering a bid for re-election next fall.

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If anyone needed more documentation that the economic world in Shreveport is stagnant, two recent reports erase any doubts. 

The first report was released by the Louisiana Workforce Commission. It had both “good” and “bad” news.

The good news is that for the past twelve months ending in August, the unemployment rates fell over the past year in all nine Louisiana metropolitan statistical areas (MSA), according to not-seasonably adjusted data from the Bureau of Labor & Statistics. 

The bad news is that Shreveport was one of four cities with a net job loss in that time period.

Unemployment in Shreveport was 5.7 percent, and down from 6.7 percent in September 2016. The MSA only gained 400 jobs from August 2017, but lost 1,400 jobs from September 2016. Thus a net job loss in those twelve months of 1,000.

Baton Rouge was the state leader in new jobs. The Baton Rouge MSA gained 4,900 jobs from August 2017 through the end of September 2017. And in the twelve months ending in September, this MSA gained a total of 6,200 jobs. The Baton Rouge MSA has had nine straight over-the-year job increases.

Baton Rouge was followed by Lake Charles, New Orleans, Monroe and Hammond in net job gains. Alex had a net job loss of 600 and Lafayette and Houma had more job losses than Shreveport.

The Associated Press (AP) also released unemployment statistics recently. The AP report differs from the Louisiana Workforce Commission although its findings are the same.

The AP reports that Shreveport lost 1,000 jobs from September 2017 and is down 2,600 jobs from October 2016. According to the AP Shreveport’s job losses exceeded all cities in the state.

Sooo…what’s the deal? And why not more jobs for Shreveport?

Both the City of Shreveport and the Caddo Commission fund several economic development agencies. These include the Entrepreneurial Accelerator Program(EAP) of Biomedical Research Foundation and the North Louisiana Economic Partnership (NLEP).

Shreveport Mayor Ollie Tyler has an economic development person on her staff. 

The Greater Shreveport Chamber of Commerce touts itself, along with the Bossier Chamber and the Bossier Economic Foundation, as economic development agencies.

Shreveport Mayor Tyler usually deflects any criticism of her administration by placing responsibility on her predecessor, Cedric Glover. However, the unemployment statistics cover the time period that she was mayor, just like those that included Shreveport in the top 25 murder capitols in the nation. 

Adding it all up, Shreveport’s climate for new job growth has not been positive. And there is little indication that this will change in the next months. No doubt jobs, crime and water bills will be the subject of much political debate in the upcoming months.

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At Tuesday’s Shreveport Council meeting, a resolution of no confidence in Shreveport Police Chief Alan Crump failed on a 3-2 vote.

The resolution’s sponsor Willie Bradford and James Flurry voted for the resolution. Council members Jeff Everson, Oliver Jenkins and Mike Corbin voted against the resolution. 

Council members Jerry Bowman and Stephanie Lynch missed the meeting due to medical reasons. If present, their votes could have enacted the resolution.

Bradford, Flurry, Bowman and Lynch face re-election next year. Everson, Jenkins, and Corbin are termed out.

After the meeting both Mayor Tyler and Crump acted as if the defeat of the no confidence resolution was a major victory. Seemingly they confused the failure of this resolution as a vote of confidence, which it clearly was not.

Perhaps it was only fitting that a local TV station was simultaneously airing a story

that listed Shreveport as number 18 in “America’s 25 Murder Capitols.” The ranking was based on 2016 crime statistics.

Crump was named acting chief in July of last year and then permanent chief in late November. No doubt he will attempt to dodge responsibility for the serious spike in 2016 murders on that basis.

Tyler has been mayor since late December 2014. It will be difficult for her to blame the crime rate on her predecessor Cedric Glover.

Bradford has taken heat on social media for introducing this resolution. Those critics should be ignored for the simple fact that they are not elected officials who should represent their constituency.

Both Tyler and Crump should expect continued scrutiny as Shreveport’s crime is almost a daily media story. Shreveport taxpayers should demand accountability from its top elected official.

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Both the Shreveport City Council and the Caddo Commission have started their 2018 budget review process. 

The Commission budget must be adopted by December 5. The Council’s budget adoption deadline is December 15. 

Both the City and the Parish fund the Shreveport Caddo Metropolitan Planning Commission (MPC), which is separate legal entity. In theory the MPC is governed by it nine member appointed board.

In 2017 the City funded over a million dollars to the MPC plus provided free office space and financial services. The Parish funded a little over $217 grand. 

Percentage wise, the total funding ration (including the City in kind) was 83% for the City and 17% for the Parish.

A recent financial study by an MPC consultant suggested a 60-40 funding ration for the City and the Parish. Based on the same the MPC has requested the Commission fund $400 grand for 2018.

The proposed Parish budget has a line item of $230 thousand dollars. It is very, very unlikely that this suggested funding level will be increased by the Commission. And in fact it could be decreased.

Parish Administrator Dr. Woodrow Wilson believes that the MPC services for the five mile Parish area subject to the MPC jurisdiction could be handled in house by Parish employees at a savings.

Additionally, many Commissioners are less than happy with the services provided by the MPC. The Commission adopted its own version of the Unified Development Code over the objections of MPC Executive Director Mark Sweeney.

The Shreveport City Council, lead by Oliver Jenkins, has expressed concern that the Parish has not be “paying its fair share” for MPC operations. Jenkins notes that the City of Shreveport is in Caddo Parish and that Parish funding should not be based solely on the Parish matters handled by the MPC.

Assuming the Parish only funds $230 thousand dollars for the MPC in 2018, then the City has three choices. 

The first is to continue its million dollars (plus) funding of the MPC.

The second is to fund what is determined to be the City’s “fair share”. Assuming this to be less than the 2017 funding level, then it can be anticipated that MPC services may be diminished unless MPC fees are substantially increased. 

The last choice is to internalize the planning functions, and stop funding the MPC. This decision would require several months of planning to adopt the appropriate ordinances, hire staff and the like.

Look for the Council to continue the 2017 funding level for the first quarter of 2018 while additional analysis is made. And in the meantime the MPC and Sweeney should expect continued scrutiny from both Commissioners and Council members.

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Yes, it’s still early but the coffee shop crowd is still on the prowl to discover more possible candidates for next year’s mayoral election. A name that had surfaced earlier this summer has resurfaced—Rod Demery.

To most politicos and television junkies, Demery is not a new name. But to many, he may not be known.

Demery was a detective with the Shreveport Police Department for over sixteen years. He earned his reputation as a highly effective investigator working homicides. 

His track record speaks for itself. 

He was responsible for sixty-one arrests out of over 250 murders in the City. And he closed all of his homicide investigation files. These numbers far exceed the average of other SPD detectives.

In March of last year, he moved to the Caddo Parish District Attorney’s Office. He was one of the first significant “hires” of former judge James Stewart. Demery is a homicide investigator.

Demery’s murder arrests lead to a television series that debuted last fall—“Murder Chose Me”. The series has been renewed for a second season. 

Demery knows first hand the devastating impact of serious crimes. His mother was murdered when he was age 3.

Demery served in the United States Navy for nine years. He received decorations for his service in Desert Storm and Desert Shield.

He earned a Bachelor of Arts in Criminal Justice in 2003 from Louisiana State University-Shreveport.

Demery’s community involvement includes work with domestic violence and homeless shelters, community crime forums as well as church outreach programs.

Demery has published several times .

His “No Place for Race: Why We Need to Address Economic and Social Factors..” was an Amazon bestseller. It was acclaimed as one of “10 Best Black Books of 2013” by Rotten Tomatoes.

Demery’s “Things My Daughters Need to Know” was also an Amazon bestseller. It was listed in the “25 Books Every Man Should Read.”

Demery says that many citizens throughout Shreveport have urged him to seriously consider next year’s mayoral race. He says that crime is generally mentioned, along with the need for more economic development. He says that is keenly aware that socioeconomics are often a big factor in a city’s crime rate.

Demery says he is open to further conversations about the city’s future . And he is open to seriously considering a run for mayor next year. 

At this juncture he has not formed an advisory committee but he does welcome input. (rldemery@mac.com)

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The inch thick binder handed out to Caddo Commissioners on Halloween Eve by Caddo Administrator Dr. Woodrow Wilson had a few surprises, and mainly “good news” for taxpayers. There may, however, be questions about a proposed employee pay raise, funding of the Shreveport Caddo Metropolitan Planning Commission (MPC), animal shelter, and discretionary funds of Wilson.

The Parish’s proposed expenditures are $76,769,774 which represents a 2% increase over the 2017 budget.

Highlights of the budget include:

3% “pay adjustment” for all 434 parish employees

2% increase for the group medical program

.75% decrease in the retirement contributions by the Parish

increase in the juvenile justice fund to add 5 new positions

2.6% increase in funds to operate Caddo Correctional Center(CCC)

10% decrease in streets and sanitation expenses

An increase in the capital outlay program of $2.6 million.

The new positions at the Juvenile Justice Center are needed to address the mandate from the State to house 17 year-olds in juvenile detention instead of the adult facility at CCC. The increased costs for CCC is attributable to prisoner medical care, and especially increased drug costs. The streets/sanitation decrease is attributable to the decline in sales tax rebates. The increase in the central outlay budget is due, in part, to a $3 million expenditure for new jail locks at the detention center. 

Ad valorem taxes represent the major source of funding for the Parish. Property taxes are 70% of the budget. Sales taxes are 13%. Intergovernmental funds from the State of Louisiana, state severance taxes, grants and revenue sharing represent approximately 8% of total revenues. The balance of funding is from interest and rents, licenses, permits and gaming.

The Parish levies a number of special millages which are dedicated for specific purposes. The dedicated funds are for public works, parks and recreation, courthouse maintenance, detention facilities, juvenile court, public health, Shreve Memorial Library, Biomedical Center and Criminal Justice Center.

The Parish also provides funding for several parish agencies. These include the District Attorney’s Office, the Coroner’s Office, Registrar of Voters, LSU Extension Service, Caddo Parish Juvenile Court, and the Biomedical Research Foundation.

How much revision in the budget will be made by the Commission is an open question. 

Some observers believe the suggested pay raise for all parish employees will be debated. Unlike the City of Shreveport, Parish employees have received several pay raises in the last ten years. 

The $230,000 line item for the Parish contribution to the MPC may also be questioned. The City of Shreveport is considering the establishment of an internal planning office. Many observers believe that the Parish zoning/permits can be handled internally by the Parish at a major cost savings. 

Another funding issue may concern the operations of the Caddo Parish Animal Shelter. The proposed budget has a line item of $2.8 million for animal services and mosquito control. 

Animal advocates believe a non profit organization could successfully operate the shelter at a cost savings to the Parish. A feasibility study of privatization is due in early December. 

Some Commissioners have carped over what they believe are unrestricted funds that can be spent by Administrator Wilson. The budget breakdown, which is by the specific millage, lists administration costs in several budgets. Getting a handle on how all the administrative fees are actually expended may be the concern to some commissioners.

The Commission budget must be accepted by December 5th, and the Commission will have a public hearing on the proposed budget on November 14th.

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Low and behold—the City of Shreveport WILL be able to sell the downtown bus terminal, commonly known as The Tent! 

With the opening of the long delayed Intermodal Terminal on Wednesday , The Tent has become obsolete in the sense of its intended purpose. The Intermodal Terminal will serve as the new major hub for SporTran and other over the road bus services. 

The Tent was constructed with federal dollars and as a result the City had only three options for its continued use. 

The first was to repay the feds about $5 million, and do whatever they wanted to do with the acre lot between Marshall and Edwards fronting on Crockett Street. 
The second option was to sell land, terminal building and its iconic tent as per a mandated formula. 

If either of these options was not accomplished, Sportran was required to continue to use the facility and route substantial bus traffic through the facility. This option would , in effect, defeat one of the primary purposes of the Intermodal Terminal which is to reduce substantially downtown bus traffic. 

The minimum bid for The Tent was $1,020,000. The bid deadline was October 31. 
Marshall Towers, LLC bid $1,225,000. This Monroe based company, owned by Joseph Hakim, has substantial real estate holdings in proximity to The Tent. The sale should be completed within 30 days. 

These include the Lane Building on the corner of Milam and Marshall, which is open with offices and retail on Milam. This property includes a parking lot behind the building on the corner of Marshall and Crockett. 

Hakim also owns the Johnson Building on Milam which has been empty for many years. He also owns the old Panos Diner building in that same block. 

Another holding by Hakim is the Slattery Building on the corner of Texas Street and Marshall. Except for the ground floor this gothic architectural 17 story building has been empty for many years. 

Hakim also owns a 2 story parking garage on Crockett. 

To say that Hakim is a major investor in downtown Shreveport is an understatement. 
His plans for The Tent are not yet known. 

His progress on the Slattery and Johnson Buildings since purchasing them in 2010 has been major maintenance only. 

But the good news is that The Tent will be sold. And to top it off, SporTran can keep 80% of the sale price for additional buses. That’s almost a million bucks that will be saved by the City of Shreveport subsidizes Sportran operations. 

And more good news is that The Tent will now be on the tax rolls!

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