STATE LICENSING BOARD FOR CONTRACTORS



STATE LICENSING BOARD FOR CONTRACTORS

Commercial board Meeting MINUTES

DECEMBER 20, 2012

The regular monthly meeting of the Board was called to order by the Chairman at 9:30 a.m. in the Conference Room of the Board’s offices, Baton Rouge, Louisiana. Members of the Board present:

Byron Talbot, Chairman

Victor Weston, Vice Chairman

Lloyd “Chip” Badeaux

William Clouatre

Nelson A. “Andy” Dupuy, Jr.

Courtney Fenet, Jr.

August Gallo, Jr.

Danny Graham

Kenneth Jones

Donald G. Lambert

Lee Mallett

Art O. Walker

George Crain, Jr., Garland Meredith and Christopher Stuart 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; Stephanie Laborde, Board Attorney; and from the staff, , Bobbie Hughes, Nathan Rawls, Kelli Prudhomme, Sharon Fabre, John Dixon, Doug Traylor and Deborah Irwin; Compliance Investigators, Brent Templet Lynwood Allemore, Carl Bourque and Todd Brady; and Ms. Keri Dupont, recording the minutes.

Mr. Andy Dupuy 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.

A Motion was made by Mr. Weston and seconded by Mr. Dupuy to accept the Minutes of the November 15, 2012 regular meeting. The Motion passed.

Mr. McDuff introduced special guests, Mr. Matt Thomey and Mr. Bill Croft with the Hazard Mitigation Mitigation Program, several employees of the Attorney General’s office and retired Judge Daugherty.

Mr. McDuff introduced the new HR director to the Board.

NEW BUSINESS

C. JUDGMENT HEARING(S):

1. a) IGLOO AIR & ELECTRIC, LLC, Pineville, Louisiana – La. R. S. 37:2150 - 2192, Rules and Regulations of the Board Sec. 115 (C).

A Motion was made by Mr. Weston which was seconded by Mr. Gallo to pass the matter pending payment. The Motion Passed.

b) AREA WIDE CONTRACTORS, LLC, Pineville, Louisiana –La. R.S. 37:2150- 2192, Sec. 2158 (A)(9).

A Motion was made by Mr. Weston which was seconded by Mr. Gallo to pass the matter pending payment. The Motion Passed.

c) THE LINC GROUP, LLC, Pineville, Louisiana –La. R.S. 37:2150- 2192, Sec. 2158 (A)(9).

A Motion was made by Mr. Weston which was seconded by Mr. Gallo to pass the matter pending payment. The Motion Passed.

D. COMPLIANCE HEARING(S):

1. COASTWIDE CONSTRUCTION, LLC, Lake Charles, Louisiana –La. R.S. 37:2158(A)(9).

Mr. Dupuy recused himself.

Ms. Hughes read the allegations against COASTWIDE CONSTRUCTION, LLC and asked if a representative was present. There was no appearance. Ms. Laborde called Mr. Todd Brady, Investigator, to the stand where he was sworn in. Mrs. Laborde reviewed the exhibit book with Mr. Brady and asked that it be entered into the record. Judge White accepted the exhibit book into the record. Ms. Laborde called Mr. Matt Thomey with the Hazard Grant Mitigation Program to the stand where he was sworn in. Mr. Thomey made a statement to the Board. A Motion was made by Mr. Clouatre which was seconded by Mr. Gallo to find COASTWIDE CONSTRUCTION, LLC in violation. The Motion passed. A Motion was made by Mr. Clouatre which was seconded by Mr. Gallo to fine COASTWIDE CONSTRUCTION, LLC the maximum fine plus administrative costs. The Motion passed.

2. HANDY REALTORS, INC., New Orleans, Louisiana –La R.S. 37:2158(A)(9).

Mr. Dupuy recused himself.

Ms. Hughes read the allegations against HANDY REALTORS, INC., and asked if a representative was present. Mr. Craig Williams appeared, was sworn in and denied the allegations. Ms. Laborde called Mr. Lynwood Allemore, Investigator, to the stand where he was sworn in. Mrs. Laborde reviewed the exhibit book with Mr. Allemore and asked that it be entered into the record. Judge White accepted the exhibit book into the record. Mr. Williams made a statement to the Board. Ms. Laborde called Mr. Matt Thomey with the Hazard Grant Mitigation Program to the stand where he was sworn in. Mr. Thomey made a statement to the Board. Mr. Williams made a statement to the Board. A Motion was made by Mr. Lambert which was seconded by Mr. Graham to dismiss the allegations against HANDY REALTORS, INC. The Motion passed.

3. KEVEN ORLANDO CASIDE, Marrero, Louisiana –La. R.S. 37:2158(A)(9).

Ms. Hughes read the allegations against KEVEN ORLANDO CASIDE and asked if a representative was present. Mr. Keven Caside appeared, was sworn in and denied the allegations. Ms. Laborde called Ms. Marianne Sullivan, Investigator, to the stand where she was sworn in. Mrs. Laborde reviewed the exhibit book with Ms. Sullivan and asked that it be entered into the record. Judge White accepted the exhibit book into the record. Mr. Caside made a statement to the Board. Ms. Laborde called Ms. Bobbie Hughes to the stand where she was sworn in. Ms. Hughes made a statement to the Board. A Motion was made by Mr. Weston which was seconded by Mr. Gallo to find KEVEN ORLANDO CASIDE in violation. The Motion passed with one objection. A Motion was made by Mr. Weston which was seconded by Mr. Gallo to put KEVEN ORLANDO CASIDE on six months probation and all fines to be paid within two weeks. Failure to do so will result in immediate license revocation. The Motion passed.

4. JAMES DELLAFIORA, Baton Rouge, Louisiana –La. R.S. 37:2158(A)(9).

Ms. Hughes read the allegations against JAMES DELLAFIORA and asked if a representative was present. There was no appearance. Ms. Laborde called Mr. Todd Brady, Investigator, to the stand. Mrs. Laborde reviewed the exhibit book with Mr. Brady and asked that it be entered into the record. Judge White accepted the exhibit book into the record. A Motion was made by Mr. Weston which was seconded by Mr. Clouatre to find JAMES DELLAFIORA in violation. The Motion passed. A Motion was made by Mr. Graham which was seconded by Mr. Clouatre to remove Mr. Dellafiora as a qualifying party for another company. The Motion passed.

5. TERRY MCCALL BUILDERS, Bossier City, Louisiana – La. R.S. 37:2160 (A)(1).

Ms. Hughes read the allegations against TERRY MCCALL BUILDERS and asked if a representative was present. There was no appearance. Ms. Laborde called Mr. Brent Templet, Compliance Director, to the stand where he was sworn in. Mrs. Laborde reviewed the exhibit book with Mr. Templet and asked that it be entered into the record. Judge White accepted the exhibit book into the record. A Motion was made by Mr. Weston which was seconded by Mr. Gallo to find TERRY MCCALL BUILDERS in violation. The Motion passed. A Motion was made by Mr. Weston which was seconded by Mr. Gallo to fine TERRY MCCALL BUILDERS LLC 10% of the contract amount plus administrative costs. If the fine is not paid within 60 days, all licenses issued by the Board will be revoked. The Motion passed.

OLD BUSINESS

E. COMPLIANCE HEARING/CONTINUANCE(S):

1. FUSION CONSTRUCTION, INC., Marrero, Louisiana - La. R.S. 37:2158(A)(10).

Mr. Dupuy recused himself.

Ms. Hughes read the allegations against FUSION CONSTRUCTION, INC and asked if a representative was present. Ms. Judith Weatherly appeared, was sworn in and denied the allegations. Ms. Laborde called Mr. Lynwood Allemore, Investigator, to the stand. Mrs. Laborde reviewed the exhibit book with Mr. Allemore and asked that it be entered into the record. Judge White accepted the exhibit book into the record. Ms. Weatherly made a statement to the Board. Ms. Laborde called Ms. Bobbie Hughes to the stand and provided additional information. A Motion was made by Mr. Clouatre which was seconded by Mr. Graham to find FUSION CONSTRUCTION, INC in violation. The Motion passed. A Motion was made by Mr. Clouatre which was seconded by Mr. Weston to place FUSION CONSTRUCTION, INC on one year of probation. The Motion passed.

2. QWEST CONSTRUCTION, LLC, Baton Rouge, Louisiana –La. R.S. 37:2158(A)(9).

Mr. Dupuy recused himself.

Ms. Hughes read the allegations against QWEST CONSTRUCTION, LLC and asked if a representative was present. Mr. Gary Giepert, attorney, appeared. Mr. David Wascom appeared, was sworn in and denied the allegations. Ms. Laborde called Mr. Lynwood Allemore, Investigator, to the stand. Mrs. Laborde reviewed the exhibit book with Mr. Allemore and asked that it be entered into the record. Judge White accepted the exhibit book into the record. Mr. Giepert and Mr. Wascom made a statement to the Board. Ms. Charlene Nivels, homeowner, came to the stand where she was sworn in. Ms. Nivels made a statement to the Board. A Motion was made by Mr. Clouatre which was seconded by Mr. Weston to allow QWEST CONSTRUCTION, LLC to complete the project by December 31, 2012 and 45 days to obtain an occupancy permi. The Motion passed.

F. COMPLIANCE REHEARING(S)/REQUEST FOR REHEARING(S):

1. BASS CONTRACTORS, INC., Metairie, Louisiana - La. R.S. 37:2158(A)(3) and Sec. 101 Rules and Regulations of the Board.

Mr. Dupuy recused himself.

Ms. Hughes read the request made by BASS CONTRACTORS, INC, and asked if a representative was present. Mr. Eddie Jordan, attorney, appeared on behalf of BASS CONTRACTORS, INC. Mr. Phillip Smith, owner, made a statement to the Board. Mr. Jordan made a statement to the Board. A Motion was made by Mr. Clouatre which was seconded by Mr. Jones to recind the prior action by the Board. The Motion passed. A Motion was made by Mr. Clouatre which was seconded by Mr. Jones to grant the Request for Re-Hearing. The Motion passed.

2. GREGORY DANIEL HUSKEY, New Orleans, Louisiana – La. R.S. 37:2158 (A)(9).

Mr. Dupuy recused himself.

Ms. Hughes read the request made by Gregory Daniel Huskey, and asked if a representative was present. Ms. Elaine Appleberry, attorney, appeared on behalf of Gregory Husky. Ms. Appleberry made a statement to the Board. A Motion was made by Mr. Clouatre which was seconded by Mr. Weston to give Mr. Husky until 1-31-13 to provide an additional qualifying party. The 120 day employment period will be waived. The Motion passed.

G. COMPLIANCE HEARING(S)/RECONSIDERATION OF PENALTY:

1. ALESSI CONSTRUCTION, L.L.C., Baton Rouge, Louisiana – La. R.S. 37:2158 (A)(9).

Ms. Hughes read the request for Reconsideration of Penalty and asked if a representative was present. Mr. Dan Reed, attorney, appeared on behalf of ALESSI CONSTRUCTION, L.L.C. Mr. Reed made a statement to the Board. A Motion was made by Mr. Clouatre which was seconded by Mr. Graham to revoke the license of ALESSI CONSTRUCTION, L.L.C. The Motion passed.

COMMITTEE REPORTS:

1. Report from the Staff

Ms. Dupuy requested that Mr. Traylor give a report on examinations to the Board. He reported that the development of the infrastructure for the computer based testing program is nearing completion, and that the validation for the Highway, Street and Bridge Construction exam and the Heavy Construction examination had recently been successfully completed with excellent participation.

Mr. McDuff mentioned that the staff and both the Finance Committee and the Testing and Classification Committee had been reviewing possible changes to the application and to the fee structure in conjunction with the implementation of computer based testing.

A Motion was made by Mr. Weston which was seconded by Mr. Jones to allow the finance committee to review approve application revisions, fee structure revisions, and computer testing decisions. The Motion passed.

In addition, Mr. Traylor reported that the Georgia State Residential Board and the Georgia State Utility Contractors Board had approved a reciprocity agreement with the Louisiana State Licensing Board for Contractors.

A Motion was made by Mr. Gallo, which was seconded by Mr. Weston to approve the reciprocity agreement with Georgia Utility Contractors Board and with the Georgia Residential Board. The Motion passed.

2. Building Committee

Mr. Graham had nothing to report.

3. Classification and Testing Committee

Mr. Weston will report at another time.

4. Legislative/Rules and Regulations Committee

Mr. Gallo had nothing to report.

5. Act 725 Committee

Mr. Meredith had nothing to report.

6. Finance Committee

Mr. Dupuy made a Motion to accept the Financials as reported, which was seconded by Mr. Clouatre. The Motion passed.

7. Residential Building Committee.

A Motion was made by Mr. Badeaux to accept the Minutes and ratify all actions of the Residential Committee from the November 2012 meeting, which was seconded by Mr. Gallo. The Motion passed.

I. Consideration of residential licensure applications, and home improvement registration applications as listed and attached to the agenda.

A Motion was made by Mr. Badeaux which was seconded by Mr. Gallo to approve the residential licensure applications. The Motion passed.

A Motion was made by Mr. Badeaux which was seconded by Mr. Gallo to approve the home improvement registrations. The Motion passed.

J. Consideration of commercial licensure exemptions as listed and attached to the agenda.

A Motion was made by Mr. Dupuy which was seconded by Mr. Clouatre to approve the commercial licensure exemptions. The Motion passed.

K. Consideration of mold remediation application as listed and attached to the agenda.

A Motion was made by Mr. Lambert which was seconded by Mr. Gallo to accept the additional classifications. The Motion passed.

L. Consideration of additional classifications as listed and attached to the agenda.

A Motion was made by Mr. Lambert which was seconded by Mr. Gallo to accept and approve the additional classifications listed. The Motion passed.

M. Consideration of commercial applications as listed and attached to the agenda.

• Pending All Requirements Being Met

• Regular Commercial Applications

A Motion was made by Mr. Lambert which was seconded by Mr. Gallo to approve the commercial applications. The Motion passed.

ADJOURNMENT

A Motion was made by Mr. Clouatre which was seconded by Mr. Dupuy to adjourn at 12:04. The Motion passed.

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Chairman

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Secretary/Treasurer

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