STATE LICENSING BOARD FOR CONTRACTORS



STATE LICENSING BOARD FOR CONTRACTORS

Commercial board

Meeting MINUTES

November 17, 2016

The regular meeting of the Commercial Board was called to order by the Chairman, Lee Mallet, on Thursday, November 17, 2016 at 9:36 a.m. at 2525 Quail Drive, Baton Rouge, Louisiana.

Members of the Board present: Lee Mallett, Chairman

William J. Clouatre, Vice Chairman

Lloyd “Chip” Badeaux

N.R. “Noah” Broussard

Nelson A. “Andy” Dupuy, Jr.

Courtney Fenet, Jr.

August Gallo, Jr.

Danny R. Graham

Kenneth Jones

Donald G. Lambert

Christopher N. Stuart

Byron Talbot

Victor Weston

Members Garland Meredith and Art Walker were absent. Finding a quorum present, the regular order of business began.

Also attending the meeting were: Michael B. McDuff, Executive Director; Judy Dupuy, Board Administrator; Judge Darrell White, Retired, Hearing Officer; Larry Bankston, Board Attorney; and from the staff, Leann Evans, Brent Templet, Nathan Rawls, Doug Traylor, Monica Davis, Lowana Cola, Morgan Etienne, Nikki Lopez-Crawford, Emma Payne, Elaine Riggins, Rhonda Levy, and John Dixon; Compliance Director, Brad Hassert; Compliance Investigators, Ashleigh Scott, Dylan Bourg, Frank Vaughn, Jessie Wells, Johnny Rogers, Marianne Sullivan, Scott Corley, Todd Brady, William Valentine; and Tarah Revette recording the minutes.

Mr. Talbot led the members and audience in the Pledge of Allegiance.

Judge Darrell White gave the invocation, introduced himself, and advised those present of his duties.

Mr. Lambert made a motion to accept the Minutes of the October 20, 2016 regular meeting. Mr. Jones seconded. The motion passed.

Mr. McDuff introduced Ronald Burrough with the Louisiana Attorney General’s. Mr. Hassert introduced guests Mike Steele and Kimberly Poorbaugh with Louisiana Governor’s Office of Homeland Security and Preparedness (GOHSEP); Mark Howard and Steve Swick with the Shelter at Home Program; Jack Gleason, building inspector with City of Central and Iberville Parish; Rick Foster, building official with City of Denham Springs; and Jimmy Talbot, building inspector with West Baton Rouge Parish.

Ms. Poorbaugh addressed the board regarding interagency cooperation with GOHSEP and LSLBC and also their involvement with the Historic Flood of 2016 recovery process. Mr. Foster also addressed the board regarding the City of Denham Springs recovery process after the flood and interagency cooperation with LSLBC.

Mr. Weston made a motion to the resolution to approve a legal contract for 2017 for the firm of Milling Benson Woodward, LLP. Mr. Jones seconded. The motion passed.

NEW BUSINESS

C. Compliance HearingS:

1. Vincent Currenti d/b/a Dubois Construction, Inc., Metairie, Louisiana – La. R.S. 37:2160(A)(1)

Ms. Evans gave a summary of the allegations. Attorney Donna Wood and Vincent Currenti were present on behalf of VINCENT CURRENTI D/B/A DUBOIS CONSTRUCTION, INC. Mr. Currenti was sworn in. Ms. Wood entered a denial plea. Investigator Dylan Bourg was called to the stand and was sworn in. Mr. Bourg reviewed the exhibit packet and provided testimony to the board. Mr. Bankston entered the exhibit packet into evidence and it was admitted. Ms. Wood questioned Mr. Bourg. Ms. Wood also entered documents into evidence and they were admitted. Ms. Wood changed the initial plea to a no contest plea. Mr. Clouatre made a motion to accept the plea. Mr. Jones seconded. The motion passed. Mr. Currenti gave a statement. Mr. Graham made a motion to assess a $10,000 fine plus $500 in administrative costs and to allow the fine to be reduced to $1500 plus $500 in administrative costs if the company obtains a license within 90 days. Mr. Talbot seconded. The motion passed.

2. Matthew Scott Bernard, Prairieville, Louisiana – La. R.S. 37:2158(A)(2)

Ms. Evans gave a summary of the allegations. MATTHEW SCOTT BERNARD and Sony Wahl were present and sworn in. Attorney G. Trippe Hawthorne was also present on behalf of Mr. Bernard. Mr. Hawthorne entered a no contest plea. Mr. Lambert made a motion to accept the plea. Mr. Fenet seconded. The motion passed. Mr. Bernard and Mr. Wahl gave a statement to the board. Mr. Badeaux made a motion to reissue Matthew Scott Bernard’s license and the assess $500 in administrative costs. Mr. Lambert seconded. The motion passed.

3. Rain Pro, LLC, Shreveport, Louisiana – La. R.S. 37:2159(B)

Ms. Evans gave a summary of the allegations and read the settlement offer presented by RAIN PRO, LLC. Mr. Gallo made a motion to accept the settlement offer as presented, which included a no contest plea. Mr. Fenet seconded. The motion passed.

4. a) Dimensional Innovations, Inc., Overland Park, Kansas – La. R.S. 2160(A)(1)

Ms. Evans gave a summary of the allegations and read the settlement offer presented by DIMENSIONAL INNOVATIONS, INC. Mr. Dupuy made a motion to accept the settlement offer as presented, which included a no contest plea. Mr. Fenet seconded. The motion passed.

b) C&T Design and Equipment Co Inc., Indianapolis, Indiana – La. R.S. 2160(A)(1)

Ms. Evans gave a summary of the allegations and read the settlement offer presented by C&T DESIGN AND EQUIPMENT CO INC. Mr. Stuart made a motion to accept the settlement offer as presented, which included a no contest plea. Mr. Dupuy seconded. The motion passed.

c) Southwest Cabinet Corporation, Pantego, Texas – La. R.S.37:2158(A)(3)(4) and Rules and Regulations Section 109(A)

Ms. Evans gave a summary of the allegations and read the settlement offer presented by SOUTHWEST CABINET CORPORATION. Mr. Graham made a motion to accept the settlement offer as presented, which included a no contest plea. Mr. Fenet seconded. The motion passed.

5. a) The Migues Deloach Company, LLC, Pineville, Louisiana – La. R.S. 37:2158(A)(4)

Ms. Evans gave a summary of the allegations and read the settlement offer presented by THE MIGUES DELOACH COMPANY, LLC. Mr. Weston made a motion to accept the settlement offer as presented, which included a no contest plea. Mr. Stuart seconded. The motion passed.

b) Bayou Windows, LLC, Alexandria, Louisiana – La. R.S. 37:2160(A)(1)

Ms. Evans gave a summary of the allegations and read the settlement offer presented by BAYOU WINDOWS, LLC. Mr. Weston made a motion to accept the settlement offer as presented, which included a no contest plea. Mr. Stuart seconded. The motion passed.

6. Matters 6a and 6b were consolidated.

a) Driskill Environmental Consultants, LLC, Harahan, Louisiana – La. R.S. 37:2167(A), 37:2185(A) and 37:2187(B)(2)

b) Osman Construction, LLC, New Orleans, Louisiana – La. R.S. 37:2158(A)(4)

Ms. Evans gave a summary of the allegations. Brent Driskill was present on behalf of DRISKILL ENVIRONMENTAL CONSULTANTS, LLC and was sworn in. Osman Mendoza-Matute was present on behalf of OSMAN CONSTRUCTION, LLC and was sworn in. Mr. Driskill entered a plea of admission. Mr. Lambert made a motion to accept the plea. Mr. Stuart seconded. The motion passed. Mr. Mendoza-Matute entered a plea of admission. Mr. Lambert made a motion to accept the plea. Mr. Talbot seconded. The motion passed. Mr. Driskell gave a statement to the board regarding these matters. Mr. Fenet made a motion to assess $500 in administrative costs for DRISKILL ENVIRONMENTAL CONSULTANTS, LLC. Mr. Weston seconded. The motion passed. Mr. Fenet made a motion to assess $500 in administrative costs for OSMAN CONSTRUCTION, LLC. Mr. Weston seconded. The motion passed.

7. a) Gordon Construction Company, LLC, Metairie, Louisiana – La. R.S. 2160(A)(1)

Ms. Evans gave a summary of the allegations and read the settlement offer presented by GORDON CONSTRUCTION COMPANY, LLC. Mr. Talbot made a motion to deny the settlement offer as presented. Mr. Gallo seconded. The motion passed.

b) R & R A/C Heating, LLC, Metairie, Louisiana – La. R.S. 37:2158(A)(4)

Ms. Evans gave a summary of the allegations and read the settlement offer presented by R & R A/C HEATING, LLC. Mr. Dupuy made a motion to accept the settlement offer as presented, which included a no contest plea. Mr. Gallo seconded. The motion passed.

D. STATUTORY CITATIONS R.S. 37:21621:

Ms. Evans presented the statutory citations. Mr. Gallo made a motion to accept the statutory citations as presented. Mr. Jones seconded. The motion passed.

OLD BUSINESS

E. REQUEST FOR JUDGMENT RECONSIDERATION OF PENALTY:

1. I G H Contracting Services, LLC, Harvey, Louisiana – La. R.S. 37:2150-2192, (A)(8) and (A)(9), 2156.1(D)(1) and Section 115 of the Board’s Rules and Regulations

Ms. Revette gave a summary of the company’s reconsideration request and the board’s decision at the July 21, 2016 Commercial Meeting. Ms. Revette also stated that the company has entered into a payment plan with the creditor. Mr. Gallo made a motion to reinstate the commercial and residential licenses for I G H CONTRACTING SERVICES, LLC allowing the licenses to be revoked by staff if the company fails to comply with the payment plan. Mr. Dupuy seconded. The motion passed.

F. COMMITTEE REPORTS:

1. Report from the Staff – Mr. McDuff reported to the board regarding the amount of applications received after the Historic Flood of 2016.

2. Building Committee – Mr. Graham gave a report regarding the progress on the agency’s new building project.

3. Classification and Testing Committee – Mr. Gallo stated that the report will be given at a later time.

4. Legislative/Rules and Regulations Committee – Mr. Fenet had no new report

5. Finance Committee – Mr. Dupuy made a motion to accept the October financial statement as presented. Mr. Weston seconded. The motion passed.

6. Residential Building Committee – Mr. Jones gave the report at a later time.

G. Consideration of additional classifications for residential licenses, residential applications, home improvement registrations and residential licensure exemptions as listed and attached to the agenda, and actions of the November 16, 2016 Residential Building Subcommittee. (Pages 4-23)

Mr. Jones made a motion to approve the additional classifications for residential licenses as listed on the agenda, and Mr. Gallo seconded. The motion passed.

Mr. Jones made a motion to approve the residential applications as listed on the agenda with the exception of G TEMPLE CONSTRUCTION LLC. Mr. Gallo seconded. The motion passed.

Mr. Jones made a motion to approve the home improvement applications as listed on the agenda, and Mr. Gallo seconded. The motion passed.

Mr. Jones made a motion to approve the residential exemptions as listed on the agenda, and Mr. Gallo seconded. The motion passed.

Mr. Jones made a motion to approve the actions taken at the November 16, 2016 Residential Building Subcommittee meeting and Mr. Gallo seconded. The motion passed.

H. Consideration of reciprocity and exemption requests as listed and attached to the agenda. (Page 24-26)

Mr. Dupuy made a motion to approve the exemptions based on Reciprocity as listed on pages 24-26 of the agenda except for the following companies, who were not approved: ALL ABOUT GENERATORS INC.; INFINITY DATACOM SOLUTIONS LLC; J & L ELECTRIC GROUP, LLC; and STELLAR REFRIGERATION CONTRACTING, INC. Mr. Weston seconded. The motion passed.

Mr. Dupuy made a motion to approve the Exemptions as listed on page 26 of the agenda except for the following companies, who were not approved: JEFF RAYBON CONSTRUCTION LLC and PROPERTY IMPROVEMENT GROUP LLC. Mr. Dupuy also stated that TL HAWK, LLC would be approved pending a resume and reference letters. Mr. Weston seconded, and the motion passed.

I. Consideration of mold remediation application as listed and attached to the agenda. (Page 27-28)

Mr. Talbot made a motion to approve the mold remediation application as listed on the agenda, and Mr. Gallo seconded. The motion passed.

J. Consideration of additional classifications as listed and attached to the agenda. (Pages 29-30)

Mr. Lambert made a motion to approve the additional classifications as listed on the agenda, and Mr. Gallo seconded. The motion passed.

K. Consideration of commercial applications as listed and attached to the agenda. (Pages 31-41)

Mr. Lambert made a motion to approve the commercial applications as listed on the agenda. Mr. Gallo seconded. The motion passed.

ADJOURNMENT

Mr. Jones made a motion to adjourn at 10:55 a.m., and Mr. Fenet seconded. The motion passed.

________________________________________________

Lee Mallett, Chairman

_________________________________________________

Byron E. Talbot, Secretary

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download