MOTIONS - Louisiana



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

ANNUAL BOARD MEETING

OF THE

STATE PLUMBING BOARD OF LOUISIANA

BATON ROUGE, LOUISIANA

August 23, 2018

The Annual Board Meeting of the State Plumbing Board of Louisiana was called to order by Chairman, Jim Finley, at 10:00 a.m.

The following persons were in attendance:

|BOARD MEMBERS |ADVISORY BOARD | STAFF | GUESTS |

|Jim Finley |Keith Bienvenu |Ashley J. Tullier |Todd Billiot |

|Kelly Craft |Leon Molinario |Ashleigh W. Cambre |Carla Waguespack |

|Rickey Fabra |Bryan Tabor |Dustine Tullier |Don Traylor |

|Carl N. Bourgeois |Fred Robillard |Harleigh Corcoran |Russell Robillard |

|Larry Reiling |Mike Joiner |DaKacia York |Lynne Finley |

|Gerald LaCour |Michael Eilers |Jim York |Jennifer Brunet |

|Terry Smith | |Pat Olivier |David Cloteaux |

| | |Glen Gremillion |Julie Richard Spencer |

| | |Mark Sheridan |Wayne Lafleur |

| | |David Nunez |Alfred Norred |

| | |John Odum |John Mitchell Rhodes |

| | |Brad Holland |John Saucier |

| | |Fred Fontenot |Kaleb Russell |

| | | |Corey Hughes |

| | | |Kris Bamford |

| | | |Chad Yeager |

| | | |Jerret Ulmer |

| | | |Gene Martin |

| | | |Jason Martin |

| | | |Dana A. Colombo |

| | | |Ellis Bourque |

| | | |Joshua Jones |

| | | |Chris LeBlanc |

| | | |Wendell Guillot |

| | | |Jay Huckabee |

| | | |Travis Curtis |

| | | |Julie Fuselier |

| | | |Patrick Ducote |

| | | |Brandon Kennedy |

| | | |Tyrone Carey |

| | | |Jerry Bates |

| | | |Mitch LeBas |

INVOCATION: Kelly Craft

PLEDGE OF ALLEGIANCE: Jim Finley

ROLL CALL: Ashleigh W. Cambre

PRESENTATIONS

a. Presentations – No presentations at this time.

APPLICATION COMMITTEE

a. Journeyman Application – Brandon Kennedy –

On May 31, 2018 the State Plumbing Board of Louisiana received two Affidavits, W-2’s, Payroll Documents, and a letter from a previous employer from Mr. Brandon Kennedy. Mr. Kennedy submitted his documents after the rule changed for the voucher process. Mr. Kennedy has been employed with Outback Plumbing since April 2010 to March 2011 and then hired again May 2014 to present. Mr. Kennedy is requesting to be eligible to take the Journeyman Plumber Exam through the voucher process and not have to enroll in an Apprenticeship Program.

MOTION: To accept Mr. Kennedy’s application based on the required W-2’s and payroll documents provided.

MOTION: TERRY SMITH

SECOND: LARRY REILING

MOTION: CARRIED

b. Journeyman Application – Kaleb Russell –

On June 4, 2018 the State Plumbing Board of Louisiana received a Journeyman Plumber Application, Permit Form, two Affidavits, and W-2’s from Mr. Kaleb Russell. Mr. Russell submitted his application, affidavits, and W-2’s after the rule changed for the voucher process. Mr. Russell has been employed with Strategic Plumbing and Saucier’s Plumbing, LLC since 2013. Mr. Russell is requesting to be eligible to take the Journeyman Plumber Exam through the voucher process and not have to enroll in an Apprenticeship Program.

MOTION: To accept Mr. Russell’s application based on the required W-2’s and payroll documents provided.

MOTION: TERRY SMITH

SECOND: CARL N. BOURGEOIS

MOTION: CARRIED

c. Journeyman Application – Corey Hughes –

On June 4, 2018 the State Plumbing Board of Louisiana received a Journeyman Plumber Application, Permit Form, two Affidavits, and W-2’s from Mr. Corey Hughes. Mr. Hughes submitted his application, affidavits, and W-2’s after the rule changed for the voucher process. Mr. Hughes has been employed with Strategic Plumbing and Saucier’s Plumbing, LLC since 2012. Mr. Hughes is requesting to be eligible to take the Journeyman Plumber Exam through the voucher process and not have to enroll in an Apprenticeship Program.

MOTION: To accept Mr. Hughes’ application based on the required W-2’s and payroll documents provided.

MOTION: TERRY SMITH

SECOND: LARRY REILING

MOTION: CARRIED

d. Journeyman Application – Kristopher Bamford –

On June 4, 2018 the State Plumbing Board of Louisiana received a Journeyman Plumber Application, Permit Form, two Affidavits, and W-2’s from Mr. Kristopher Bamford. Mr. Bamford submitted his application, affidavits, and W-2’s after the rule changed for the voucher process. Mr. Bamford has been employed with Strategic Plumbing and Saucier’s Plumbing, LLC since 2013. Mr. Bamford is requesting to be eligible to take the Journeyman Plumber Exam through the voucher process and not have to enroll in an Apprenticeship Program.

MOTION: To accept Mr. Bamford’s application based on the required W-2’s and payroll documents provided.

MOTION: TERRY SMITH

SECOND: LARRY REILING

MOTION: CARRIED

e. Journeyman Application – Joshua Jones –

On June 5, 2018 the State Plumbing Board of Louisiana received a Journeyman Plumber Application from Mr. Joshua Jones. Mr. Jones submitted his application along with payroll documents after the rule changed for the voucher process. Mr. Jones has been employed with B & D Plumbing Company, Inc. since 2013. Mr. Jones is requesting to be eligible to take the Journeyman Plumber Exam through the voucher process and not have to enroll in an Apprenticeship Program.

MOTION: To accept Mr. Jones’ application based on the required W-2’s and payroll documents provided.

MOTION: TERRY SMITH

SECOND: CARL N. BOURGEOIS

MOTION: CARRIED

f. Journeyman Application – Alfred Lee Norred, III –

On July 23, 2018 the State Plumbing Board of Louisiana received a Journeyman Plumber Application from Mr. Alfred Lee Norred, III. Mr. Norred submitted his application along with vouchers and payroll documents after the rule changed for the voucher process. Mr. Norred has been employed with LaFleur’s Plumbing, LLC since 2012. Mr. Norred is requesting to be eligible to take the Journeyman Plumber Exam through the voucher process and not have to enroll in an Apprenticeship Program.

MOTION: To accept Mr. Norred’s application based on the required W-2’s and payroll documents provided.

MOTION: TERRY SMITH

SECOND: CARL N. BOURGEOIS

MOTION: CARRIED

g. Journeyman Application – John Mitchell Rhodes –

On July 15, 2018 the State Plumbing Board of Louisiana received a Journeyman Plumber Application from Mr. John Mitchell Rhodes. Mr. Rhodes submitted his application along with W-2’s and payroll documents after the rule changed for the voucher process. Mr. Rhodes has been employed with M & D Plumbing since 2011. Mr. Rhodes is requesting to be eligible to take the Journeyman Plumber Exam through the voucher process and not have to enroll in an Apprenticeship Program.

MOTION: To accept Mr. Rhodes’ application based on the required W-2’s and payroll documents provided.

MOTION: TERRY SMITH

SECOND: CARL N. BOURGEOIS

MOTION: CARRIED

ENFORCEMENT

a. Violation Appeal – Wendell Guillot –

On July 6, 2018, State Plumbing Board of Louisiana Enforcement Officer, Mr. Fred Fontenot came across two men digging in the area of a water meter on the side of the street in a yard at 1480 Front St., Cottonport, LA. Mr. Fontenot stopped and asked the men if they were working for the Town of Cottonport. The men advised that they were working for Guillot’s Plumbing. Mr. Fontenot asked what they were doing, and they advised that they were digging to check for a Back Flow device and to check the piping for size and other required items to install a Back Flow device. Mr. Fontenot asked the two men to see their plumbing licenses. Mr. Raymond Lemoine advised that he had had an Apprentice License in the past but could not find it now. Mr. Daylane Dauzat advised that he had never had a license. Mr. Fontenot advised the two men that they were to stop working and that they needed a Journeyman Plumber with them to continue working. Along with the two men not having plumbing licenses, Mr. Fontenot observed that the company vehicle the two men were in failed to have any signage on the vehicle. On July 9, 2018, Mr. Fontenot observed a plumber’s vehicle south bound on LA 115. Mr. Fontenot turned around and followed the vehicle to the work location. Mr. Fontenot then observed two workers going back and forth to and from the vehicle. Mr. Fontenot pulled into the location and observed Larry Guillot turning the water on and off at the water meter using a tool and observed Daylane Dauzat working on the water line under the carport of the home. Mr. Dauzat denied that he was working on the water line. Mr. Dauzat stated to Mr. Fontenot that he was only checking to see what was wrong causing the leak. Mr. Fontenot then asked to see both of their plumbing licenses. Both men advised that they did not have a plumbing license. Mr. Fontenot, three days prior had cited the same company for doing work in Cottonport, Louisiana. Mr. Dauzat was one of the workers at the Cottonport location and was advised then that he could not do plumbing work without the proper license. Mr. Fontenot cited Mr. Lemoine and Mr. Dauzat for Journeyman Work Without a License on July 6, 2018 and cited Mr. Larry Guillot and Mr. Dauzat for Journeyman Work Without a License on July 9, 2018. Mr. Guillot was cited for two counts of Use of Unlicensed Personnel and No Signage on Vehicle on July 6, 2018 and two counts of Use of Unlicensed Personnel on July 9, 2018. Mr. Guillot is requesting to Appeal his Violation and Enforcement Fees. ($2050.00). Mr. Guillot stated he just purchased the truck a week or two before he was cited and his signs for the truck had been ordered from Signs Plus. Mr. Guillot stated he can send in a copy of affidavits and a copy of the title and registration to the truck to show proof of when the truck was purchased. Mr. Guillot stated the men were sent to the location regarding the Back Flow device by him to see what size water line was there so they could order the correct size Back Flow to put in. Mr. Guillot stated digging a hole does not require a plumbing license. Mr. Guillot stated for the next location, his nephew Gerald, who has been with him for 23 years, who is a Master Plumber, went to the lumber yard. Mr. Guillot stated when Mr. Fontenot showed up at the location, Gerald was not there. Mr. Guillot stated Gerald did have two men with him, Mr. Guillot stated he knows the ratio is 1:1, however; Gerald had back surgery and Mr. Guillot sent one apprentice and non-apprentice. Mr. Guillot stated Mr. Lemoine has been with him for 15 or so years and Mr. Daylane Dauzat had only been with him for 7 months. Mr. Guillot stated he knows the rules and regulations since he was a past Board Member and he knows that whatever the Board decides is what the decision will be. Executive Director, Mrs. Ashley J. Tullier stated to Mr. Guillot that he stated Mr. Lemoine has been with him for 15 years and wanted to know what exactly he does for your company and why is he not licensed. Mr. Guillot stated he retired from Angola and he has always been an apprentice. Mrs. Tullier asked Mr. Guillot if Mr. Lemoine was a registered apprentice and Mr. Guillot stated no he is not a registered apprentice. Chairman, Mr. Jim Finley asked Mr. Guillot if he went to the job site that involved the Back Flow device with the intent to do plumbing work and Mr. Guillot stated no sir there was not intent to do plumbing work only to get the size of the device. Mr. Finley asked Enforcement Officer, Mr. Fred Fontenot if he had anything to ad regarding the citations. Mr. Fontenot stated for the second violation where he followed the two gentlemen to the home, there was no Master Plumber at the location. Mr. Fontenot stated as he observed the two men working, no one else showed up while he was there. Mr. Guillot stated he admitted the Master Plumber was not there.

MOTION: To reduce the fines by ½ and require Mr. Guillot to pay $1025.00

MOTION: TERRY SMITH

SECOND:

MOTION: NOT-CARRIED

Secretary/Treasurer, Mr. Rickey Fabra stated for the first citation if you have two guys go out and do exploratory research to identify a line size so you could order the part and do the work, and there was no work being done, then whatever that fine is for this citation should be waived. Mr. Fabra stated on the vehicle citation, if Mr. Guillot could prove the signage was ordered, then that citation should be waived. Mr. Fabra stated for the second citation regarding the location without the Master Plumber on site, then the citation should stand.

MOTION: To require Mr. Guillot to pay $1000.00 based on the second citation

MOTION: RICKEY FABRA

SECOND: CARL N. BOURGEOIS

MOTION: NOT-CARRIED

Vice-Chairman, Mr. Kelly Craft stated regarding the signage on the truck, we have dealt with this in the past, however; we have been persistent about the signage that is on the truck and we have constantly written citations for no signage on trucks including times when a new truck has been purchased. Mr. Craft stated the idea was that everybody was aware of the fact that the signage had to be on the truck prior to it being moved and put into service. Mr. Craft stated the signage should have been done before the truck was put into service. Mr. Craft stated we are here to not only protect the industry as a whole but we are here to protect the consumer. Mr. Finley stated this is not to be construed as an offer for an ex-board member. Mr. Finley stated this is something that we would do with anybody with the same citations and we would approach it the same way no matter who the person is. Mr. Fabra retracted his original motion.

MOTION: To cite Mr. Guillot based on the three citations for advertising and use of unlicensed personnel times two and require Mr. Guillot to pay $1050.00.

MOTION: RICKEY FABRA

SECOND: KELLY CRAFT

MOTION: CARRIED

b. Required to Appear – Michael Birotte –

On February 26, 2018, State Plumbing Board of Louisiana Enforcement Officer, Mr. Glen Gremillion came across a major remodel being performed at 306 Miller St., Iowa, LA. Mr. Gremillion stopped and identified himself to Mr. Michael Birotte and asked him who did the plumbing work at this location. Mr. Birotte explained that he did the plumbing work and Mr. Gremillion asked Mr. Birotte if he had a plumbing license. Mr. Birotte stated no he does not have a plumbing license. Mr. Birotte walked Mr. Gremillion through the house where Mr. Birotte relocated a bathtub, installed new plumbing lines and a toilet in another bathroom. Mr. Gremillion explained to Mr. Birotte that a licensed plumber must do the rest of the plumbing and Mr. Birotte stated he understood and that he would not do anymore of the plumbing. Mr. Gremillion cited Mr. Birotte for Journeyman Work Without a License. Mr. Birotte is requesting to Appeal his Violation and Enforcement Fee. ($500.00). Mr. Birotte failed to appear at the April 12, 2018 Board Meeting. The Board Motioned for Mr. Birotte to be allowed another opportunity to appear before the Board before the Board takes injunctive action against him and maintains the fine. Mr. Birotte did not show for this Board meeting.

MOTION: To take injunctive action against Mr. Birotte and maintain the fines.

MOTION: KELLY CRAFT

SECOND: TERRY SMITH

MOTION: CARRIED

c. Violation Appeal – Jerry Bates –

On June 12, 2017, State Plumbing Board of Louisiana Enforcement Officer, Mr. Mark Sheridan, was conducting random plumbing inspections in the Orleans Parish area. Mr. Sheridan researched advertisements on Craigslist. Mr. Sheridan observed an advertisement which showed: “MASTER PLUMBER-NOLA-LICENSED WITH YEARS OF EXPERIENCE-Services include: fixtures, water leaks, leaking drains, clogged pipes, clogged drains, slab leaks, re-piping, disposals, water heaters, gas leaks, gas line installation, and repair, furnaces, repair broken drain lines, house inspections, specialty plumbing and more-Jerry: (504-458-7945). Next, Mr. Sheridan checked the Louisiana Secretary of State’s Corporate Database which showed Jerry W. Bates is an Officer with JWB Properties, LLC located at 816 Richard Lane, Gretna, Louisiana. The company is listed as “Active” but “Not In Good Standing” for failing to file an annual report. Mr. Sheridan called the number listed on Craigslist and spoke with a gentleman identifying himself as Jerry Bates. Mr. Sheridan asked Mr. Bates if he was a Master Plumber and if he could replace a water heater in a condo. Mr. Bates told Mr. Sheridan he was a Master Plumber and he could come over and provide him with an estimate. Mr. Sheridan informed Mr. Bates he would need his LMP# or LJP#. Mr. Bates explained that his LMP# is 2119, however; he allowed his license to expire a few years ago. Mr. Bates further explained that he was tired of paying annual dues to the SPBLA and attending mandatory training; as a result, he decided to allow his license to lapse. Finally, Mr. Sheridan contacted, SPBLA Staff Member, Ashleigh W. Cambre who confirmed that Mr. Bates previously had, but never renewed his SPBLA Master Plumber License. Mr. Sheridan cited Mr. Jerry W. Bates for Operating a Plumbing Business with an Expired License. Mr. Bates is requesting an Appeal for his Violation and Enforcement Fee. ($500.00). Mr. Bates stated he moved to Dallas Texas in 2008. Mr. Bates stated he moved back to New Orleans Louisiana in 2016. Mr. Bates stated he was considering going back into plumbing, however; he had no idea what Ms. Ashleigh W. Cambre was talking about. Chairman, Mr. Jim Finley stated one of our Enforcement Officers saw his advertisement and contacted Mr. Bates and asked him if he did plumbing work. Mr. Bates stated to the Enforcement Officer yes, he did. Mr. Bates stated he does not remember any of that. Mr. Bates stated he hasn’t done any plumbing work since 2008 and he hasn’t spoken to anybody about plumbing work. Ms. Cambre stated that Mr. Bates just stated he hasn’t done any plumbing work since 2008 and she informed the Board that our office has a customer complaint on Mr. Bates from 2009. Mr. Bates stated no you don’t since he hasn’t done any work since 2008 when he moved to Texas. Board Member Mr. Carl N. Bourgeois asked has Mr. Bates seen the Craigslist Ad and Mr. Bates stated no he has not seen anything. Mr. Bourgeois stated we need to provide Mr. Bates with a copy of the Craigslist Ad. Mr. Bates stated he considered doing plumbing work but he hasn’t done any. SPBLA Counsel, Mrs. Julie Richard Spencer stated that the telephone number attached to his license is the same telephone number on the Craigslist Ad. Mr. Bates repeatedly stated he hasn’t done any work. Mr. Finley stated we did not say you did the work, however; you are advertising plumbing and we have a customer complaint stating you haven’t completed the work. Mrs. Spencer stated he has filed annual reports every year from 2007 to 2016 with the Secretary of State and has kept his company up to date for the State of Louisiana. Mrs. Spencer stated the Board may wish for Enforcement Officer, Mr. Mark Sheridan to confirm the conversation as he recalls. Mr. Sheridan stated after he saw the advertisement on Craigslist he verified the telephone number through the SPBLA Database and it matched. Mr. Sheridan stated he called the telephone number. Mr. Sheridan stated the gentleman that answered identified himself as Jerry. Mr. Sheridan asked him some questions and asked him if he could do some hypothetical plumbing work at a condominium and he said he could. Mr. Sheridan asked him for an LMP# or an LJP#. Mr. Sheridan stated the gentleman told him he could do some work for him and Mr. Sheridan ended the conversation. Mr. Sheridan stated he contacted the SPBLA office and verified that the telephone number in our data base matched the telephone number on the advertisement. Mrs. Spencer asked Mr. Sheridan at the end of your conversation did you understand that he agreed to perform work for you and Mr. Sheridan stated yes that is correct. Mrs. Spencer asked Mr. Sheridan did he tell you he allowed his license to lapse and Mr. Sheridan stated yes that is correct. Mrs. Spencer asked Mr. Sheridan, what is in your statement is accurate and he told you the reason why he allowed his license to lapse and Mr. Sheridan stated yes that is correct. Mrs. Spencer stated it is for the Boards consideration. Mr. Finley stated he is appealing his $500.00 fine and there may be other issues involved with that but the most important thing with Mr. Bates is the $500.00 fine right now. Executive Director Mrs. Ashley J. Tullier asked Mr. Bates if he could remove the Craigslist Ad and Mr. Bates stated he does not have a Craigslist Ad. Mr. Bates then stated he believes his daughter placed the ad for him.

MOTION: To deny appeal and require Mr. Jerry W. Bates to pay violation fine and remove his advertisement from Craigslist.

MOTION: KELLY CRAFT

SECOND: RICKEY FABRA

MOTION: CARRIED

d. Violation Appeal – Tyrone A. Carey, Sr. –

On February 19, 2018, State Plumbing Board of Louisiana Enforcement Officer, Mr. Mark Sheridan, observed a large white panel truck traveling West Bound on I-10 near Esplanade Avenue in New Orleans, Louisiana. This work vehicle displayed the company name, “Arey’s Plumbing & Repair Service” on the side of the van as well as the License #5254 and company phone number (504-382-4379). However; this work vehicle failed to include a business address on either the sides or rear of the work vehicle. The SPBLA database was checked and it did not include any listings for Arey’s Plumbing, however; the LJP number on the truck (5254) and phone number (504-382-4379) are assigned to Tyrone A. Carey, Sr. who is shown to be employed by Jeff Savoie’s Plumbing Inc. Since it was unsafe and impractical to stop the vehicle, an Inspection Report was forwarded to SPBLA and the owner. Further investigation and a conversation with the owner of Jeff Savoie’s Plumbing (LMP #1057) revealed that Tyrone Carey has not worked for Jeff Savoie’s Plumbing in over seven years and Mr. Savoie had no idea that Tyrone Carey was listed as an employee of Jeff Savoie’s Plumbing on the SPBLA database. Mr. Sheridan cited Mr. Carey for Operating a Plumbing Business Without a License. On April 9, 2018, we received a response from Mr. Carey in writing that stated the following: To Whom It May Concern and I emphasize to whom it may concern this is my personal vehicle, no one owns the vehicle, but me (Tyrone A Carey Sr.) no one pays for gas, no one pays for mantance on it; no one pays for the tires but me; to get back & forth anywhere I need to go, no one pays for the insurance for this vehicle except (Tyrone A Carey Sr.) so I will not be told when or what I put on my personal vehicle so therefore I would like a hearing regarding my personal vehicle so the only thing I’m looking for is a date and time that is it if not thanks. Thanks P.S. I’m also returning your paperwork, I have no use for it. Mr. Carey is requesting to Appeal his Violation and Enforcement Fee. ($500.00). Mr. Carey stated he has had his vehicle since 2005 or 2006. Mr. Carey stated the vehicle has been marked since 2007. Mr. Carey stated the “C” is missing on the side of the truck and that his last name is Carey. Mr. Carey stated the vehicle was traveling on the interstate and he was not driving the vehicle, but his son was. Chairman, Mr. Jim Finley stated to Mr. Carey the vehicle is advertising plumbing services. Mr. Carey stated it is his vehicle, but his son drives it. Mr. Finley asked Mr. Carey if he does plumbing work and Mr. Carey stated no he does not do plumbing work. Mr. Carey stated his son tried to remove the lettering from the truck, but it was too hard to remove so that is why only the “C” is removed. Mr. Finley asked Mr. Carey what he does for a living and Mr. Carey stated he cannot work anymore since he has had surgery. Mr. Carey stated he has not worked since 2005. Mr. Finley asked Mr. Carey what prevented him from putting white paint over it. Mr. Carey stated he hasn’t had time and he doesn’t mess with the van his son does and his son drives the van. Mr. Finley asked Mr. Carey if Carey’s Plumbing was a viable plumbing company and Mr. Carey stated no it is not. Mr. Finley asked Mr. Carey why the lettering got on the van and Mr. Carey stated he put it there. Mr. Finley asked Mr. Carey if at some time was he in the plumbing business and Mr. Carey stated yes, he has done plumbing since 1985. Mr. Finley asked Mr. Carey if he bought the vehicle new or used and Mr. Carey stated he bought it used. Mr. Finley asked Mr. Carey after he bought the vehicle he added the plumbing on there since you were doing plumbing at the time. Mr. Carey stated the plumbing was on there and he added Carey to the vehicle and his license number. Mr. Finley stated Mr. Carey then quit doing plumbing work yet you are still driving around with the service advertised on the vehicle. Mr. Carey stated no it is not on there now he took it off. SPBLA Counsel, Mrs. Julie Richard Spencer asked Mr. Carey you have been renewing your plumbing license every year under a company you haven’t worked for, why are you renewing your plumbing license if you haven’t worked since 2005. Mr. Carey stated he wants to keep up with his license. Mrs. Spencer stated you understand that you have been renewing your license under a company that you haven’t worked for since 2005. Mr. Carey stated he has known Jeff and he has been doing odds and ends and looking at blue prints for him. Mrs. Spencer asked Mr. Carey if he was paid for the work he is doing for Mr. Savoie. Mr. Carey stated no he has known Mr. Savoie since before he was ever doing plumbing. Mrs. Spencer stated Mr. Savoie says you are not doing any work for him. Mr. Carey stated he is not doing any work for him he is only looking at blue prints. Mrs. Spencer asked Mr. Carey if he is telling her he is doing that as a friend and Mr. Carey stated yes. Mrs. Spencer asked Mr. Carey you are saying you haven’t worked since 2005 but you have renewed your license for 12-13 years and paid the fee, so you can work one day, potential. Mr. Carey stated yes so, he could keep his license up. Mr. Finley stated there is no problem with Mr. Carey renewing his license, however; the problem is you have renewed your license and you indicated you worked for someone when in fact you didn’t work for that person. Mr. Finley stated you have a vehicle with plumbing advertisement on it which was your vehicle at one time and Mr. Carey stated yes. Board Member, Mr. Terry Smith asked Mr. Carey if that was his telephone number on the van and Mr. Carey stated yes that is his number. Mr. Smith asked Mr. Carey you stated you removed the signs from the van. Mr. Carey stated the van is totally stripped down and Mr. Smith asked Mr. Carey if the van is white now. Executive Director, Mrs. Ashley J. Tullier stated she completely understands that Mr. Carey was unable to get the signage off, however; the company name is soliciting plumbing work and this company has never been registered with the Board. Mrs. Tullier stated we need to keep this in mind when looking at this violation. Mr. Finley asked Mr. Carey if he was to call the telephone number and tell them he needed plumbing services what would they tell him. Mr. Carey stated there is no plumbing services and he gets calls from all over from different states and there are no plumbing services. Mrs. Tullier stated at this point it may be viable, Mr. Savoie is stating Mr. Carey has not worked for him in seven years in any capacity. Mrs. Spencer asked Mr. Carey if he worked for Mr. Savoie after 2005 and Mr. Carey stated no it was before. Mrs. Spencer stated that Mr. Savoie says Mr. Carey has not worked for him in seven years, 2018 minus seven does not get us to 2005. Mrs. Spencer asked Mr. Carey if he was sure he didn’t work for him subsequent to that and Mr. Carey said no. Mrs. Spencer stated to the Board if they would like to investigate this further we can hold this in abeyance and ask Mr. Carey to provide us photographs of the van where the advertising has been removed and perhaps ask Mr. Savoie to see if there are W-2’s from the period for Mr. Carey following 2005 to verify his explanation and if his explanation is accurate then it will be up to the Board at the next meeting to decide what action it wants to take and investigate further. Mrs. Spencer stated Mrs. Tullier is correct what this demonstrates is that at some point in time perhaps to 2005 Mr. Carey was operating a plumbing business and he did not put that on the side of the van for no reason and that plumbing business was not licensed. Mrs. Spencer stated the fact that it may have taken thirteen years to identify the violation is something the Board can consider however it wants to act on that but at some point, there was a violation.

MOTION: To keep the fine in place.

MOTION: TERRY SMITH

SECOND:

MOTION: NOT CARRIED

Mr. Finley stated he would like to hold this in abeyance until we get these questions answered by our legal advisor. Mr. Smith stated he would remove his motion.

MOTION: To request additional information

MOTION: TERRY SMITH

SECOND:

MOTION: NOT CARRIED

Mrs. Spencer asked Mr. Carey if he could provide pictures to the plumbing board office and Mr. Carey stated he could get his phone and show them right now from the security camera the van is sitting in the driveway. Mrs. Spencer stated Mr. Carey can provide them to the Board office at his convenience before the next meeting. Mr. Finley stated he is concerned with the fact he was doing plumbing work, yet he didn’t have a plumbing company according to our State Plumbing Board. Mr. Don Traylor asked Mr. Finley what does the advertisement say and Mr. Finley stated it says Arey’s, the C is missing, Plumbing Repair Service. Mr. Traylor asked Mr. Carey what year he put that on the van and Mr. Carey stated since 2006 or 2007 and at that point in time he was working for the Office of Juvenile Justice. Mr. Traylor stated it still was not a viable plumbing company. Mr. Finley stated it is still a violation that exists. Mr. Finley stated we will request to wait until we get the additional information, possibly a comment from Mr. Savoie inquiring as to reinforcing this information. Mrs. Spencer asked Mr. Finley if we wanted Mr. Carey to appear at the next Board meeting and Mr. Finley stated it is important since we still have the issue of operating a plumbing business that is not really a plumbing business. Mrs. Spencer asked at the Board’s direction we will investigate it further and Mr. Carey will be asked to appear at the November Board meeting.

OTHER GUESTS

SPECIAL REQUESTS

COMMITTEE REPORTS

a. Continuing Professional Education Committee- Kelly Craft –

Mr. Craft stated the Continuing Professional Education Committee met prior to the Board meeting. Mr. Craft stated we had topics that were excluded from 2018 that were not needed due to having too much information. Mr. Craft stated we are wanting to take the topics that were excluded from 2018, and we feel that there will be topics excluded for 2019, and we will combine those excluded topics and use them for 2020. Mr. Craft stated we will not know what topics will be excluded for 2019 until we submit them to our providers. Mr. Craft stated the committee would like to make a recommendation to the Board to accept the topics to be presented for 2019. Chairman, Mr. Jim Finley stated the Board will accept the committee report.

b. Strategic Planning Committee- Kelly Craft –

Mr. Craft stated there were no reports at this time.

c.) Apprenticeship Committee- Henry Heier –

Mr. Heier was absent

PREVIOUS MINUTES

MOTION: To accept the April 12, 2018 minutes as presented

MOTION: CARL N. BOURGEOIS

SECOND: TERRY SMITH

MOTION: CARRIED

FINANCIAL REPORT

a.) Financial Report - Rickey Fabra

MOTION: To accept the financial report as presented by Rickey Fabra

MOTION: KELLY CRAFT

SECOND: TERRY SMITH

MOTION: CARRIED

ADVISORY REPORT

Mr. Keith Bienvenu stated the advisory board met this morning and had an elevated quorum due to one of the members has resigned from pipe trades. Mr. Bienvenu stated they are expecting a name of the person who will replace him. Vice-Chairman Mr. Kelly Craft stated they will sign and have something submitted. Mr. Bienvenu stated there are some discussions, problems and issues just for information only regarding a disconnect in the HVAC marketing and getting the word out for the gas license. Mr. Bienvenu stated they have had conversations with HVAC and after Mr. Bienvenu has talked with them they have a better understanding of what the Board did do to get the word out. The HVAC market isn’t as cohesive of a group as the plumbing industry is, so it is harder to get the information out. Mr. Bienvenu explained to the HVAC market what the Board did do to get the word out and they seem to agree with him, and the disconnect is more on the regulatory side of the industry where they used to get their old licenses. Mr. Bienvenu stated the Advisory Board would like a legal opinion and understand whether or not the Advisory Board can issue citations. Mr. Bienvenu asked would it be advisable for them to stop and give a warning to someone and refer the information to the Enforcement Officer in that area. Mr. Bienvenu stated the Advisory Board is seeking legal advice. Chairman, Mr. Jim Finley stated there is nothing wrong with the Advisory Board calling the Enforcement Officers and working with them and the response is good. Mr. Finley stated he will get with legal and staff and discuss it again. Mr. Finley thanked Mr. Bienvenu for his report.

a. To allow the Advisory Board to Review and Report on CPE Classes – Keith Bienvenu

Secretary/Treasurer, Mr. Rickey Fabra stated he would like to recommend the plumbing board write a letter administratively to all approved training providers stating it has come to the Boards attention that classes have become relaxed and reiterate the laws. Mr. Fabra stated for awareness purposes, so everybody understands, we need to reinforce the rules and regulations. Mr. Fabra stated we need to let them know we are being made aware that people are coming in and making complaints. Mr. Fabra stated we need to send the letter to the four approved training providers throughout the state. Chairman, Mr. Jim Finley stated if anybody wants to monitor any program they can do it.

INDIVIDUAL MEMBERS' REPORT

ENFORCEMENT OFFICERS’ REPORT

The enforcement officers each gave their individual report. Chairman, Mr. Jim Finley thanked the Enforcement Officers on behalf of himself and the Board for the great job that they do.

EXECUTIVE DIRECTOR’S REPORT

Executive Director, Mrs. Ashley J. Tullier addressed the board and stated she would like to put a few things on the Board’s radar. She stated the staff is working on the Exam Dates for 2019 and should have them released within the next couple of weeks. Mrs. Tullier stated she wants to remind our Board members, custodians, and examiners that we will send out the same thing as last year which is the actual schedule for you to decide which dates you can attend. Mrs. Tullier stated she would like for the Board to also keep in mind that we try our best effort to ensure that everyone gets the dates that you want but sometimes we are unable to do that. Mrs. Tullier stated once we get the schedule together we will send everyone their dates and when they are expected to appear. Mrs. Tullier stated we are also currently working on the 2019 renewals. Mrs. Tullier stated some things arise last year from our licensees and there was an issue where we were requiring them to send in one check per department since the staff is split into different departments. Mrs. Tullier stated at your request we made a very huge effort and cross-trained the staff members specifically for renewals to make it easier for your guys, so you can send in one check for your licenses. Mrs. Tullier stated remember that if anything, ex: signature missing, don’t have your insurance, etc. and everything is on one check, we will have to send everything back. Mrs. Tullier stated while you can send one check now, make sure everything is there. Mr. Keith Bienvenu stated if a company pays for everybody’s license and submits everybody’s application in one check, can that all be on one check and Mrs. Tullier stated yes sir it can. Mr. Bienvenu stated if everything is correct, and Mrs. Tullier stated yes if everything is correct. Mrs. Tullier stated we will send out the Continuing Professional Education Provider and Instructor Packets the first of September. Mrs. Tullier stated the Continuing Professional Education Provider and Instructor Packets will be due back to the office by October 15, 2018. Mrs. Tullier stated the Provider Packet and all the paperwork for the Instructors must be completed. Mrs. Tullier stated in the past we have had to call and track the packets and paperwork down. Mrs. Tullier stated you will have to send them in by October 15, 2018 so we can get them approved at the next November Board meeting. Mrs. Tullier stated we are having issues with the air conditioner in the practical room and the written room. Mrs. Tullier stated we had a local company come out and checked the units. Mrs. Tullier stated the units are old and need to be replaced. Mrs. Tullier stated we were able to add Freon to the units to get us through until the end of the summer. Mrs. Tullier stated to Secretary/Treasurer, Mr. Rickey Fabra we will need to amend the budget to allow for us to replace those units in this fiscal year. Mrs. Tullier stated she will have at least three quotes to replace those units by the next Board meeting.

OLD BUSINESS

A.) EXAM REPORTS

1.) JOURNEYMAN EXAMINATIONS

a.) April 21, 2018 – NO EXAM

b.) July 7, 2018 – Jim Finley / No Issues

c.) July 14, 2018 – Jim Finley/No Issues

d.) July 21, 2018 – NO EXAM

2.) MASTER EXAMINATIONS

a. May 5, 2018 – Randall McGee /No Issues

3.) MASTER NATURAL GAS FITTER EXAMINATIONS

a. May 12, 2018 – Terry Smith/No Issues

4.) NATURAL GAS FITTER EXAMINATIONS

a. June 2, 2018 – Jim Finley/No Issues

b. June 9, 2018 – NO EXAM

5.) TRADESMAN EXAMINATION

a. May 19, 2018 – Gerald LaCour/No Issues

B.) Discuss Litigation (Executive Session) – Louis Robein/Julie Richard Spencer

Executive Session – 11:37 am

Open Session – 12:16 pm

MOTION: To allow Guy Buckley, Jr. and Guy Buckley, III to respond within 45 days to tell us exactly what they will do and if they do not respond within 45 days we will file an injunction.

MOTION: KELLY CRAFT

SECOND: CARL BOURGEOIS

MOTION: CARRIED

SPBLA Counsel, Mrs. Julie Richard Spencer stated she needed to inform the Board we did obtain preliminary injunction against Mr. Jay Schmill in Monroe Louisiana for violations. Mrs. Spencer stated on September 6, 2018 we will appear to seek permanent injunction.

NEW BUSINESS

a. Continuing Professional Education New Provider Application Approval – Christopher Damian LeBlanc – ProActive Consulting & Engineering, Inc. - Ashleigh W. Cambre

MOTION: To accept ProActive Consulting & Engineering, Inc. Mr. Christopher Damian LeBlanc as a new Continuing Professional Education Provider and Instructor.

MOTION: TERRY SMITH

SECOND: LARRY REILING

MOTION: CARRIED

b. Bank Resolution – Ashley J. Tullier

Executive Director, Mrs. Ashley J. Tullier stated we need a motion to remove Teresa Dunn’s name from our banking information and replace her with Dustine Tullier.

MOTION: To remove Teresa Dunn’s name from our banking information and replace her with Dustine Tullier.

MOTION: KELLY CRAFT

SECOND: TERRY SMITH

MOTION: CARRIED

c. PHCC Request – Jimmy Lockwood/Russell Robillard CPE Instructors – Ashley J. Tullier

Chairman, Mr. Jim Finley stated we received a letter via email from PHCC Contractors addressed to him from President Gene Martin to add these two gentlemen to the CPE Instructor list. Executive Director, Mrs. Ashley J. Tullier stated the process requires them to go through training. Mrs. Tullier stated while they could not be instructors for 2018, when we send out the provider packets next month for 2019, they would be able to fill out the applications and go to the training class that is required. Mr. Russell Robillard stated they were hoping to be allowed to teach one class at the end of this year. Mr. Jimmy Lockwood asked when the next training class is and if it is done within the next sixty days can we teach in December. Mrs. Tullier stated to Mr. Lockwood, you sit on the CPE Committee, the topics that we approve are always taught in February to all the instructors at the training class. Mrs. Tullier stated we could not allow you to come in now since you have not been trained on the topics that are currently being taught, however; if you are approved as instructors for 2019 you would be able to go to the training in February with everyone else and be able to teach on those topics for 2019.

MOTION: To allow Jimmy Lockwood and Russell Robillard to submit Continuing Professional Education Instructors applications for 2019 at the November Board Meeting.

MOTION: TERRY SMITH

SECOND: RICKEY FABRA

MOTION: CARRIED

d. PHCC Request – 2019 Natural Gas Renewal Fee Waived – Ashley J. Tullier

Chairman, Mr. Jim Finley stated he would like Mr. Gene Martin to explain to the Board what PHCC was requesting. PHCC President, Mr. Gene Martin stated they would like to waive some of the gas fees they were paying. Mr. Finley stated we cannot waive the fees. Mr. Finley stated we spoke with Legislation and since the licensing was already in effect there is no way we can get the money back.

e. Board Meeting Documentation – Jim Finley

Chairman, Mr. Jim Finley stated he would like to eliminate the paperwork put together by the staff members for their Board Meeting binders and have the paperwork submitted to them electronically. Mr. Finley stated we will try and go paperless for the next meeting.

f. David Aucoin, CPA Contract Renewal – Ashley J. Tullier

Executive Director, Mrs. Ashley J. Tullier stated his contract is the same as before.

MOTION: To accept David Aucoin, CPA Contract.

MOTION: TERRY SMITH

SECOND: RICKEY FABRA

MOTION: CARRIED

g. ComSolutions, Backup Software – Ashley J. Tullier

Executive Director, Mrs. Ashley J. Tullier stated it is time to update our backup systems for our computers. Mrs. Tullier stated at our last Board Meeting the Board made a motion to allow the Board to go paperless and we did set aside budgetary monies for that. Mrs. Tullier stated to ensure that we get the backup software updated, Mrs. Tullier believes we should use those funds allocated for paperless scanners specifically for the backup systems until the next fiscal year. Mrs. Tullier is requesting to retract the motion from the last Board Meeting to have paperless scanners and to use those funds allocated for the scanners to purchase the backup systems.

MOTION: To retract the motion from the last Board Meeting to have paperless scanners and to use those funds allocated for the scanners to purchase the backup systems.

MOTION: KELLY CRAFT

SECOND: TERRY SMITH

MOTION: CARRIED

TENATIVE DATE FOR THE NEXT

QUARTERLY BOARD MEETING

November 15, 2018 is the tentative date of the Quarterly Board Meeting of the State Plumbing Board of Louisiana.

ADJOURNMENT

MOTION: To adjourn the Annual Board Meeting of the State Plumbing Board of Louisiana at 12:43 p.m.

MOTION: TERRY SMITH

SECOND: CARL N. BOURGEOIS

MOTION: CARRIED

Respectfully Submitted,

____________________________________

James C. Finley, Chairman

____________________________________

Rickey Fabra, Secretary/ Treasurer

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

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

Google Online Preview   Download