NEW BUSINESS



STATE LICENSING BOARD FOR CONTRACTORS

RESIDENTIAL BUILDING COMMITTEE MEETING MINUTES

February 1, 2012

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

Members of the Committee present: Lloyd “Chip” Badeaux, Vice Chairman

Dana Dugas

Karon “Kay” Gibson

William “Billy” Ward, Jr.

Ilone “Toni” Wendel

Mr. Victor Weston and Mr. Michael Penn were absent.

There being a quorum, the regular order of business was called.

Also attending the meeting were: Michael McDuff, Executive Director; Judy Dupuy, Board Administrator; Judge Darrell White, Retired, Hearing Officer; Stephanie Laborde, Board Attorney; and from the staff, Emma Payne, Paula Lamotte, Bobbie Hughes, Kelli Prudhomme, Michele Lemoine, Lori Guthrie, Sharon Fabre, Marc Jones; Brent Templet, Compliance Director; Compliance Investigators, Mark Williamson, Carl Bourque, and Marianne Sullivan; and Keri Dupont, recording the Minutes.

The Pledge of Allegiance was led by Judge White.

Judge Darrell White gave the invocation and asked for a moment of silent prayer.

A.) A Motion was made by Ms. Wendel and was seconded by Mr. Dugas to accept the Minutes of the January 4, 2012 Residential Building Committee Meeting. The Motion passed.

B.) Mr. McDuff informed the Board that there was a special guest in attendance and introduced Ms. Lynda Evans with the Capital Region Builders Association.

NEW BUSINESS

C. INSURANCE HEARING(S):

1. HOME IMPROVEMENT WORKER’S COMPENSATION – Consideration of an alleged violation by the following State registered home improvement contractors for failure to maintain a current certificate of insurance on file with the Board for worker’s compensation coverage. Sec. 1503 (D) Rules and Regulations of the Board.

Bolduc Enterprises, LLC

Ms. Laborde read the allegations against Bolduc Enterprises, LLC, and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided

Ms. Wendel made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation, court cost and a cease and desist orderwhich was seconded by Ms. Gibson. The Motion passed.

H.E.Brown’s Remodeling Contracting Services Inc.

Ms. Laborde read the allegations against H.E. Brown’s Remodeling Contracting Services Inc., and asked if a representative was present.

Harold Brown appeared, was sworn in, and made a statement to the Committee.

Ms. Wendel made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation, court cost and a cease and desist order which was seconded by Ms. Gibson. The Motion passed.

ESC Enterprise, LLC

Removed from agenda.

Healthy Homes Solutions, LLC

Removed from agenda.

MLM Remodeling, LLC

Removed from agenda.

Murillo Painting Co., Inc.

Removed from agenda.

Parks Enterprises, LLC

Removed from agenda.

Remark Properties, LLC

Ms. Laborde read the allegations against Remark Properties, LLC, and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided.

Ms. Wendel made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation, court costs and a cease and desist order which was seconded by Ms. Gibson. The Motion passed.

Sky House Construction, LLC

Ms. Laborde read the allegations against Sky House Construction, LLC, and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided.

Ms. Wendel made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation, court costs and a cease and desist order which was seconded by Ms. Gibson. The Motion passed.

Jimmy C. Thomas

Removed from agenda.

2. a) RESIDENTIAL BUILDING GENERAL LIABILITY – Consideration of an alleged violation by the following State licensed residential building contractors for failure to maintain a current certificate of insurance on file with the Board for general liability coverage. Sec. 1503 (D) Rules and Regulations of the Board.

Fred M. Bayles

Ms. Laborde read the allegations against Fred M. Bayles, and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided.

Ms. Wendel made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation, court costs and a cease and desist order which was seconded by Ms. Gibson. The Motion passed.

JRP Construction, LLC

Ms. Laborde read the allegations against JRP Construction, LLC, and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided.

Ms. Wendel made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation, court costs and a cease and desist order which was seconded by Ms. Gibson. The Motion passed.

Massross, Inc.

Ms. Laborde read the allegations against Massross, Inc., and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided.

Ms. Wendel made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation, court costs and a cease and desist order which was seconded by Ms. Gibson. The Motion passed.

Sanderson Services, LLC

Item removed from agenda.

b) RESIDENTIAL BUILDING WORKER’S COMPENSATION – Consideration of an alleged violation by the following State licensed residential building contractors for failure to maintain a current certificate of insurance on file with the Board for worker’s compensation coverage. Sec. 1503 (D) Rules and Regulations of the Board.

Arceneaux Construction Group, LLC

Item removed from agenda.

Fred M. Bayles

Ms. Laborde read the allegations against, Fred M. Bayles, and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided.

Ms. Gibson made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation and court costs was seconded by Ms. Wendel. The Motion passed.

JRP Construction, LLC

Ms. Laborde read the allegations against, JRP Construction, LLC, and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided.

Ms. Gibson made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation and court costs and a cease and desist order which was seconded by Ms. Wendel. The Motion passed.

KTB Properties, LLC

Item removed from agenda.

Massross, Inc.

Ms. Laborde read the allegations against, Massross, Inc., and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided.

Ms. Gibson made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation and court costs and a cease and desist order which was seconded by Ms. Wendel. The Motion passed.

Southern Solutions, Inc.

Ms. Laborde read the allegations against, Southern Solutions, Inc., and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided

Ms. Gibson made a Motion to allow 30 days to present the proper proof of insurance or immediate license revocation and court costs and a cease and desist order which was seconded by Ms. Wendel. The Motion passed.

3. a) MOLD REMEDIATION WORKER’S COMPENSATION – Consideration of an alleged violation by the following State licensed mold remediation contractors for failure to maintain a current certificate of insurance on file with Board for worker’s compensation coverage. La. R.S. 2150–2192, 2186 (B)(6) and 2189 (A)(7).

A.M.E. Facility Services, Inc.

Ms. Laborde read the allegations against, A.M.E. Facility Services, Inc., and asked if a representative was present.

No representative was present.

Ms. Emma Payne, from the staff appeared, was sworn in and informed the Committee that the proper proof of service had been obtained and no insurance information had been provided

Mr. Dugas made a Motion to suspend the license A.M.E. Facility Services, Inc., and to give them 30 days to present the proper proof of insurance or immediate license revocation, court costs and a cease and desist which was seconded by Ms. Wendel. The Motion passed.

Johnson Construction and Mold Remediation, LLC

Ms. Laborde read the allegations against, Johnson Construction and Mold Remediation, LLC,

and asked if a representative was present.

Mr. Johnson Washington was present, sworn in, and made a statement to the Committee.

Ms. Gibson made a Motion to accept the voluntary surrender of Johnson Construction and Mold Remediation, LLC’s license which was seconded by Ms. Wendel. The Motion passed.

D. COMPLIANCE HEARING(S):

1. ALESSI CONSTRUCTION, L.L.C., Baton Rouge, Louisiana – Consideration of an alleged violation for problems relating to the ability of the contractor, its qualifying party, or any of its principal owners or principal shareholders to engage in the business of contracting, as demonstrated by their prior contracting business experience, at but not limited to, 2821 Theodosia ($38,900.00), Baton Rouge, Louisiana. La. R.S. 37:2158 (A)(9).

Ms. Hughes read the allegations against ALESSI CONSTRUCTION, LLC, and asked if a representative was present.

Mr. Dean Reed, attorney, appeared on behalf of ALESSI CONSTRUCTION, LLC and made a statement to the Committee.

Mr. Andrew Alessi, owner, appeared, was sworn in, and denied the allegations.

Ms. Marianne Sullivan, Investigator, was called to the stand and sworn in.

Ms. Laborde reviewed the exhibit book with Ms. Sullivan and asked that it be admitted into the record.

Judge White accepted it into the record.

Mr. Reed made a statement to the Committee.

A Motion made by Ms. Wendel which was seconded by Ms. Gibson to recess. The Motion passed.

A Motion was by Ms. Gibson which was seconded by Ms. Wendel to reconvene. The Motion passed.

Mr. Steve Guidry and Ms. Nikki Guidry, homeowners, appeared, were sworn in, and made statements to the Committee.

A Motion was made by Mr. Ward to find ALESSI CONSTRUCTION, LLC in violation which was seconded by Ms. Wendel. The Motion passed.

A Motion was made by Ms. Gibson and was seconded by Ms. Wendel to fine ALESSI CONSTRUCTION, LLC $500.00 and 1 year probation. The Motion passed.

2. KAY-RAY CONSTRUCTION, L.L.C., Hammond, Louisiana – Consideration of an alleged violation for residential construction without possessing a State Residential Building License, at but not limited to, 12065 General Ott Road ($153,000.00) and 17498 Milan Drive (164,900.00), Hammond, Louisiana. La. R.S. 37:2167(A).

Ms. Hughes read the allegations against KAY-RAY CONSTRUCTION, L.L.C, and asked if a representative was present.

Ms. Crystal Eaves, owner of KAY-RAY CONSTRUCTION, L.L.C, appeared, was sworn in, and entered a plea of no contest.

A Motion was made by Mr. Dugas which was seconded by Ms. Wendel to accept the plea. The Motion passed.

Ms. Eaves made a statement to the Committee.

A Motion was made by Mr. Dugas and was seconded by Ms. Wendel to fine KAY-RAY CONSTRUCTION, L.L.C. court costs only. The Motion passed.

3. BIG AL’S WELDING CONSTRUCTION, L.L.C., New Orleans, Louisiana – Consideration of an alleged violation for performing home improvement contracting services in without possessing a State Home Improvement Registration, at but not limited to, 2240 Touro Street ($8,500.00), New Orleans, Louisiana. La. R.S. 37:2175.2(A).

Item has been continued.

4. ORLANDO JOHNSON D/B/A JOHNSON CONSTRUCTION, Baton Rouge, Louisiana – Consideration of an alleged violation for performing home improvement contracting services without possessing a State Home Improvement Registration, at but not limited to, 8433 Sleepy Oaks ($8,700.00), Baton Rouge, Louisiana. La. R.S. 37:2175.2(A).

Ms. Hughes read the allegations against ORLANDO JOHNSON D/B/A JOHNSON CONSTRUCTION, and asked if a representative was present.

No representative was present.

Mr. Mark Williamson, Investigator, was called to the stand and sworn in.

Ms. Laborde reviewed the exhibit book with Mr. Williamson and asked that it be admitted into the record.

Judge White accepted it into the record.

A Motion was made by Mr. Dugas to find ORLANDO JOHNSON D/B/A JOHNSON CONSTRUCTION in violation which was seconded by Ms. Wendel. The Motion passed.

A Motion was made by Mr. Dugas and was seconded by Ms. Wendel to fine ORLANDO JOHNSON D/B/A JOHNSON CONSTRUCTION the maximum penalty, court costs, and a cease and desist order on all companies related to Mr. Orlando Johnson. The Motion passed.

5. a) ROBERT S. MOSES D/B/A ROB ONE CONSTRUCTION LLC, Alexandria, Louisiana – Consideration of an alleged violation for performing home improvement contracting services without possessing a State Home Improvement Registration, at but not limited to, 3947 Carlton Street ($16,500.00),and 6005 Deerfield Avenue ($21,759.00), Alexandria, Louisiana. La. R.S. 37:2175.2(A).

Ms. Hughes read the allegations against ROBERT S. MOSES D/B/A ROB ONE CONSTRUCTION LLC, and asked if a representative was present.

b) NEW LIONS INC, Alexandria, Louisiana – Consideration of an alleged violation for performing home improvement contracting services without possessing a State Home Improvement Registration, at but not limited to, 3947 Carlton Street ($16,500.00) and 6005 Deerfield Avenue ($21,759.00), Alexandria, Louisiana. La. R.S. 37:2175.2(A).

Mr. Robert S. Moses, owner, appeared on behalf of ROBERT S. MOSES D/B/A ROB ONE CONSTRUCTION LLC and NEW LIONS INC, was sworn in, and denied the allegations.

Matter consolidated with 5 (a.) listed above.

Mr. Carl Bourque, Investigator, was called to the stand and sworn in.

Ms. Laborde reviewed the exhibit books with Mr. Bourque and asked that it be admitted into the record.

Judge White accepted it into the record.

Mr. Robert S. Moses changed his plea to no contest.

A Motion was made by Mr. Ward which was seconded by Ms. Wendel to accept the plea. The Motion passed.

Ms. Eaves made a statement to the Committee.

A Motion was made by Mr. Ward and was seconded by Ms. Wendel to fine ROBERT S. MOSES D/B/A ROB ONE CONSTRUCTION LLC $2000.00, court costs and the issuance of a cease and desist. If a license is obtained within 90 days, the fine will be waived. The Motion passed.

A Motion was made by Mr. Ward which was seconded by Ms. Gibson to find NEW LIONS INC. in violation but waive all penalties, which was seconded by Ms. Wendel. The Motion passed.

6. JOHN REED, Leesville, Louisiana – Consideration of an alleged violation for performing home improvement contracting services without possessing a State Home Improvement Registration, at but not limited to, 418 Section Line Road ($8,105.70), Leesville, Louisiana. La. 37:2175.2(A).

Item has been continued.

7. JASON SAUCIER, - Breaux Bridge, Louisiana – Consideration of an alleged violation for performing home improvement contracting services without possessing a State Home Improvement Registration, at but not limited to, 1414 Herman Dupuis Road ($39,615.10), Breaux Bridge, Louisiana. La. R.S. 2175.2(A).

Ms. Hughes read the allegations against JASON SAUCIER, and asked if a representative was present.

No representative was present.

Mr. Carl Bourque, Investigator, was called to the stand.

Ms. Laborde reviewed the exhibit book with Mr. Bourque and asked that it be admitted into the record.

Judge White accepted it into the record.

A Motion was made by Ms. Wendel to find JASON SAUCIER in violation which was seconded by Mr. Dugas. The Motion passed.

A Motion was made by Ms. Wendel and was seconded by Mr. Dugas to fine JASON SAUCIER the maximum penalty, court costs, and a cease and desist order. The Motion passed.

8. SPECIALTY CUSTOM HOMES, L.L.C., West Monroe, Louisiana – Consideration of an alleged violation for performing home improvement contracting services without possessing a State Home Improvement Registration, at but not limited to, 117 Elias Street ($48,000.00), West Monroe, Louisiana. La. R.S. 37:2175.2(A).

Ms. Hughes read the allegations against SPECIALTY CUSTOM HOMES, L.L.C, and asked if a representative was present.

No representative was present.

Mr. Carl Bourque, Investigator, was called to the stand.

Ms. Laborde reviewed the exhibit book with Mr. Bourque and asked that it be admitted into the record.

Judge White accepted it into the record.

A Motion was made by Mr. Dugas find SPECIALTY CUSTOM HOMES, L.L.C in violation which was seconded by Ms. Wendel. The Motion passed.

A Motion was made by Ms. Wendel and was seconded by Mr. Dugas to fine SPECIALTY CUSTOM HOMES, L.L.C $12,000.00, court costs, and issue a cease and desist order. The Motion passed.

OLD BUSINESS

E. COMPLIANCE HEARING(S) – CONTINUANCE(S):

1. WOODFORK GENERAL CONTRACTOR AND CONSTRUCTION COMPANY, L.L.C., Bogalusa, Louisiana - Consideration of an alleged violation for residential construction without possessing a State Residential Building License, at but not limited to, 10719 Vienna Street ($282,744.00), New Orleans, Louisiana. La. R.S. 37:2167(A).

Ms. Hughes read the allegations against WOODFORK GENERAL CONTRACTOR AND ONSTRUCTION COMPANY, L.L.C., and asked if a representative was present.

No representative was present.

Ms. Marianne Sullivan, Investigator, was called to the stand.

Ms. Laborde reviewed the exhibit book with Ms. Sullivan and asked that it be admitted into the record.

Judge White accepted it into the record.

A Motion was made by Mr. Ward to find WOODFORK GENERAL CONTRACTOR AND CONSTRUCTION COMPANY, L.L.C in violation which was seconded by Ms. Wendel. The Motion passed.

A Motion was made by Mr. Ward and was seconded by Ms. Wendel to fine WOODFORK GENERAL CONTRACTOR AND CONSTRUCTION COMPANY, L.L.C the maximum penalty, court costs and the issuance of a cease and desist order. The Motion passed.

2. ELIJAH MEALANCON D/B/A ELIJAH CHRISTIAN MINISTRIES, Marrero, Louisiana - Consideration of an alleged violation for residential construction and/or performing home improvement contracting services without possessing a State Residential Building License and/or without out possessing a State Home Improvement Registration, at but not limited to, 3641 Bruxelles Street ($98,000.00), 6434 North Galvez Street ($120,000.00) and 2501/2503 Elder Street ($26,000.00), New Orleans, Louisiana. La. R.S. 37:2167(A), La. R.S. 37:2175.2(A).

Ms. Hughes read the allegations against ELIJAH MEALANCON D/B/A ELIJAH CHRISTIAN MINISTRIES, and asked if a representative was present.

Mr. Miles Haymer, attorney, appeared on behalf of ELIJAH MEALANCON D/B/A ELIJAH CHRISTIAN MINISTRIES and made a statement to the Committee.

A Motion was made by Ms. Gibson and was seconded by Ms. Wendel to continue the matter regarding ELIJAH MEALANCON D/B/A ELIJAH CHRISTIAN MINISTRIES until the April 4th Committee Meeting. The Motion passed.

3. L H THOMPSON, LTD. D/B/A LT CONCRETE LANDSCAPE POOLS & SPAS, Slidell, Louisiana - Consideration of an alleged violation for residential construction and/or performing home improvement contracting services without possessing a State Residential Building License and/or without out possessing a State Home Improvement Registration, at but not limited to, 1617 Vela Cove ($148,000.00), Slidell, Louisiana. La. R.S. 37:2167(A), La. R.S. 37:2175.2(A).

Ms. Hughes read the allegations against L H THOMPSON, LTD. D/B/A LT CONCRETE LANDSCAPE POOLS & SPAS, and asked if a representative was present.

Mr. Patrick Berrigan, attorney, appeared on behalf of L H THOMPSON, LTD. D/B/A LT CONCRETE LANDSCAPE POOLS & SPAS and made a statement to the Committee.

Mr. Louis Thompson, owner, appeared, was sworn in, and entered a no contest plea.

A Motion was made by Mr. Ward which was seconded by Ms. Gibson to accept the plea. The Motion passed.

Mr. Wayne Jabonowski, attorney, appeared on behalf of the homeowner.

Ms. Margaret Huner, homeowner, was present, appeared, was sworn in, and made statements to the Committee.

After some discussion, Motion was made by Ms. Gibson and was seconded by Ms. Wendel to fine L H THOMPSON, LTD. D/B/A LT CONCRETE LANDSCAPE POOLS & SPAS the maximum penalty, court costs and the issuance of a cease and desist order. Mr. Ward objected. The Motion passed.

A Motion was made by Ms. Gibson which was seconded by Ms. Wendel granting Ms. Laborde the authority to contact Mr. Berrigan and negotiate a lesser penalty. The Motion passed.

4. CURTIS J. VIATOR, New Iberia, Louisiana - Consideration of an alleged violation for residential construction and/or performing home improvement contracting services without possessing a State Residential Building License and/or without out possessing a State Home Improvement Registration, at but not limited to, 410 Linden Lewis Road ($114,900.00), Youngsville, Louisiana. La. R.S. 37:2167(A), La. R.S. 37:2175.2(A).

Mr. Dugas recused himself.

Ms. Hughes read the allegations against CURTIS J. VIATOR, and asked if a representative was present.

Mr. Curtis Viator was present, sworn in and denied the allegations.

Mr. Carl Bourque, Investigator, was called to the stand.

Ms. Laborde reviewed the exhibit book with Mr. Bourque and asked that it be admitted into the record.

Judge White accepted it into the record.

Mr. Viator questioned Mr. Bourque and made a statement to the Committee.

A Motion was made by Ms. Wendel to find CURTIS J. VIATOR in violation which was seconded by Mr. Ward. The Motion passed.

A Motion was made by Ms. Wendel and was seconded by Ms. Gibson to fine CURTIS J. VIATOR the maximum penalty, court costs and the issuance of a cease and desist order. The Motion passed.

5. DAVID FONTENOT, Scott, Louisiana - Consideration of an alleged violation for performing home improvement contracting services without possessing a State Home Improvement Registration, at but not limited to, 506 Courtney Drive ($28,800.00), Duson, Louisiana. La. R.S. 37:2175.2(A).

Ms. Hughes read the allegations against DAVID FONTENOT, and asked if a representative was present.

Mr. David Fontenot was present, sworn in, entered a no contest plea and made a statement to the Committee.

A Motion was made by Mr. Dugas which was seconded by Mr. Ward to accept the plea. The Motion passed.

A Motion was made by Ms. Wendel and was seconded by Ms. Gibson to find DAVID FONTENOT in violation. The Motion passed.

A Motion was made by Ms. Gibson and was seconded by Ms. Wendel to fine DAVID FONTENOT the maximum fine, and court costs. If a license is obtained within 6 months the fine will be suspended and only court costs will be due. The Motion passed.

6. SONGY AND SONS ENTERPRISE, LLC, Denham Springs, Louisiana – Consideration of an alleged violation for failing consistently to perform contracts or has performed contracts in an unworkmanlike manner or has failed to complete contracts with no good cause or has engaged in fraud or bad faith with respect to such contracts, at but not limited to, 15839 Malvern Hill Avenue ($38,381.03), Baton Rouge, Louisiana. La. R.S. 37:2175.2 (E)(3).

Ms. Hughes read the allegations against SONGY AND SONS ENTERPRISE, LLC, and asked if a representative was present.

Mr. Nathan Songy was present, sworn in, denied the allegations and made a statement to the Committee.

Mr. Bourque was called to the stand and made a statement to the Committee.

A Motion was made by Mr. Ward and was seconded by Ms. Wendel to not find SONGY AND SONS ENTERPRISE, LLC in violation. The Motion passed.

A Motion was made by Mr. Ward and was seconded by Mr. Dugas to assess 1 year of probation. The Motion passed.

F. COMPLIANCE HEARING(S) – RE-HEARING(S):

1. LA CASA GENERAL CONTRACTOR, LLC, Metairie, Louisiana – Consideration of an alleged violation for performing home improvement contracting services without possessing a State Home Improvement Registration, at but not limited to 6953 Foch Street ($57,000.00), New Orleans, Louisiana. La. R.S. 37:2175.2(A).

DECISION & CIVIL PENALTY ASSESSED AT THE MAY 6, 2009 RESIDENTIAL COMMITTEE MEETING: A MOTION was made by Mr. Dugas and seconded by Mr. Vascocu to find LA CASA GENERAL CONTRACTOR, LLC guilty. The motion carried unanimously. A MOTION was made by Mr. Vascocu and seconded by Mr. Dugas to assess LA CASA GENERAL CONTRACTOR, LLC a fine of 25% of $57,000.00 which equals $14,250.00 plus $500.00 administrative fees associated with these proceedings for a total of $14,750.00 and a cease and desist order. The motion carried unanimously.

Ms. Hughes read the allegations against LA CASA GENERAL CONTRACTOR, LLC, and asked if a representative was present.

Mr. Adolphus Wilson was present, sworn in, entered a no contest plea, and made a statement to the Committee.

A Motion was made by Ms. Wendel and was seconded by Ms. Gibson to accept the plea. The Motion passed.

A Motion was made by Ms. Wendel and was seconded by Ms. Gibson to fine LA CASA GENERAL CONTRACTOR, LLC court costs and issued a cease and desist order. The Motion passed.

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

1. POS RENOVATIONS, LLC, New Orleans, Louisiana – On December 7, 2011, the Residential Committee considered an alleged violation for residential construction and/or performing home improvement contracting services without possessing a State Residential Building License and/or without out possessing a State Home Improvement Registration, at but not limited to, 6337 Tchoupitoulas Street ($261,652.60), New Orleans, Louisiana. La. R.S. 37:2167(A), La. R.S. 37:2175.2(A).

DECISION & CIVIL PENALTY ASSESSED AT THE DECEMBER 7, 2011 RESIDENTIAL COMMITTEE MEETING: Ms. Wendel made a Motion to find POS RENOVATIONS, LLC in violation. The Motion was seconded by Mr. Dugas. The Motion passed. A Motion was made by Ms. Wendel which was seconded by Mr. Dugas to fine POS RENOVATIONS, LLC 5% plus court costs and the issuance of a cease and desist order. The Motion passed.

Ms. Hughes presented the Committee with a settlement offer from POS RENOVATIONS, LLC.

A Motion was made by Mr. Ward and was seconded by Mr. Dugas to accept the offer. Ms. Gibson objected. The Motion passed.

2. ASHORE, LLC, Ponchatoula, Louisiana – On January 4, 2012, the Residential Committee considered an alleged violation for residential construction and/or performing home improvement contracting services without possessing a State Residential Building License and/or without out possessing a State Home Improvement Registration, at but not limited to, 405 North Pine Street ($146,136.02), Hammond, Louisiana. La. R.S. 37:2167(A), La. R.S. 37:2175.2(A).

DECISION & CIVIL PENALTY ASSESSED AT THE JANUARY 4, 2012 RESIDENTIAL COMMITTEE MEETING: A Motion was made by Ms. Gibson which was seconded by Ms. Wendel to find ASHORE, LLC in violation, and to fine ASHORE, LLC $5000.00 plus court costs. However, if a license is obtained within 90 days the fine will be reduced to $1000.00 plus court costs. The Motion passed.

Ms. Hughes presented the Committee with the Request for Reconsideration of Penalty.

Ms. Karin Copley, appeared on behalf of ASHORE, LLC, was sworn in, and made a statement to the Committee.

A Motion was made by Mr. Ward and was seconded by Mr. Dugas to fine ASHORE, LLC $1000.00, court costs and 6 months to obtain its license. If a license is obtained within 6 months the fine of $1000.00 will be waived. The Motion passed.

H. CONSIDERATION OF LICENSURE EXEMPTION(S):

NEW APPLICATION EXEMPTIONS

1. CC & S CORPORATION, 2036 Betty Boulevard, Marrero, LA

Application is being made, pending all requirements being met, for a Residential Building Construction License. This firm is requesting exemption of the Residential Building Construction examination. Mr. Reginald Cooper, Owner, is to be listed as the qualifying party.

2. HADDAD CONTRACTORS, LLC, 728 Highlandia, Baton Rouge, LA

Application is being made, pending all requirements being met, for a Residential Building Construction License. This firm is requesting exemption of the Residential Building Construction examination. Mr. Phillip N. Haddad III, Member, is to be listed as the qualifying party.

3. IRONHORSE DEVELOPMENT CONSULTING, INC., 207 Energy Parkway, Lafayette, LA

Application is being made, pending all requirements being met, for a Residential Building Construction License. This firm is requesting exemption of the Residential Building Construction examination. Mr. Timothy Jude Breaux, Member, is to be listed as the qualifying party. This firm has held a commercial license since 2006.

4. LAKE CHARLES CONSTRUCTION, LLC, 7810 Lake Street, Lake Charles, LA

Application is being made, pending all requirements being met, for a Residential Building Construction License. This firm is requesting exemption of the Residential Building Construction examination. Mr. Toby Walter Hagan, Member, is to be listed as the qualifying party.

5. LEROY P. FREDERICK, 128 Club View Drive, Lafayette, LA

Application is being made, pending all requirements being met, for a Residential Building Construction License. This firm is requesting exemption of the Residential Building Construction examination. Mr. Leroy Patrick Frederick, Owner, is to be listed as the qualifying party.

A Motion was made by Ms. Wendel which was seconded by to accept the new application exemptions as listed in the agenda which was seconded by Mr. Dugas. The Motion passed.

LICENSED EXEMPTIONS

1. MJ PENN COMPANIES, INC., 7841 East Kings Highway, Shreveport, LA

This firm currently holds license #81460 since 1996 and is adding a qualifying party. This firm is requesting exemption of the Residential Building Construction examination for Mrs. Jodi Collette Penn, Employee, to be listed as the qualifying party.

A Motion was made by Ms. Gibson which was seconded by Mr. Dugas to grant the exemptions The Motion passed.

I. Consideration of new applications for Residential Building Construction Licenses to be approved pending as listed and attached to the agenda. (Page 6)

A Motion was made by Mr. Dugas which was seconded by Ms. Wendel to accept new applications for Residential Building Construction Licenses as listed on the agenda. The Motion passed.

J. Consideration of new applications for Home Improvement Registration as listed and attached to the agenda. (Pages 7-8)

A Motion was made by Mr. Dugas which was seconded by Ms. Wendel to accept new applications for Home Improvement Registrations as listed on the agenda. The Motion passed.

K. Discussion – Homeowner’s Affidavit

Ms. Laborde briefed the board on recent revisions to the Homeowner Affidavit form, and received comment and proposed additional revisions. With the proposed revisions, the new form was approved.

ADJOURNMENT

A Motion was made Ms. Wendel which was seconded by Mr. Dugas to adjourn at 1:48 p.m. The Motion passed.

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Chairman

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