STATE LICENSING BOARD FOR CONTRACTORS



STATE LICENSING BOARD FOR CONTRACTORS

Commercial board Meeting MINUTES

January 16, 2014

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:

Lee Mallett, Chairman

Byron Talbot, Vice Chairman

Lloyd “Chip” Badeaux

William Clouatre

George Crain, Jr.

Nelson A. “Andy” Dupuy, Jr.

Courtney Fenet, Jr.

August Gallo, Jr.

Danny Graham

Kenneth Jones

Donald G. Lambert

Garland Meredith

Christopher Stuart

Art O. Walker

Victor Weston

No members 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; Murphy J. Foster, Board Attorney; and from the staff, Nathan Rawls, Bobbie Hughes, Brent Templet, Tricia Wood, Kristin Tullier, Doug Traylor, Sharon Fabre, and John Dixon; Compliance Director, Marianne Sullivan; Compliance Investigators, Carl Bourque, Todd Brady, Leann Evans, William Collins, Johnny Rogers, and Dylan Bourg; and Kara Kearney recording the minutes.

Mr. Jones 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. Talbot made a motion to accept the Minutes of the December 19, 2013 regular meeting. Mr. Dupuy seconded, the motion passed.

Mr. Weston presented a resolution and board photos to Mr. Crain to thank him for his service to the Board.

Mr. McDuff introduced Noah “Bubba” Broussard who was nominated by the Louisiana Oilfield Contractors Association.

NEW BUSINESS

C. Compliance Hearing(S):

1. a) German Pellets Louisiana, LLC, Baton Rouge, Louisiana – La. R.S. 37:2158(A)(4).

b) Renea Lynn Ducote, Deville, Louisiana – La. R.S. 37:2159(B), La. R.S. 37:2158(A)(4).

c) National Waste Management Texas, LLC, Deville, Louisiana – La. R.S. 37:2160(A)(1).

d) Jimmy & Johnny Tidmore d/b/a Scrap It, Lucedale, Mississippi – La. R.S. 37:2160(A)(1).

These four matters were consolidated. Mr. Rawls gave a summary of the allegations. Randall Johnson was present on behalf of German Pellets Louisiana, LLC, Renea Ducote was present on behalf of Renea Lynn Ducote and National Waste Management Texas, LLC, and Jimmy and Johnny Tidmore were present on behalf of Jimmy & Johnny Tidmore d/b/a Scrap It. All parties were sworn in.

Ms. Ducote entered a no contest plea for each Renea Lynn Ducote and National Waste Management Texas, LLC. Mr. Meredith made a motion to accept the plea, and Mr. Dupuy seconded. The motion passed. Ms. Ducote gave a statement to the Board. Mr. Talbot made a motion to fine Renea Lynn Ducote $1,000 plus administrative costs, and Mr. Jones seconded. The motion passed. Mr. Talbot made a motion to fine National Waste Management Texas, LLC $3000 plus administrative costs. Mr. Graham seconded, and the motion passed after a vote.

Mr. Tidmore entered a no contest plea on behalf of Jimmy & Johnny Tidmore d/b/a Scrap It. Mr. Meredith made a motion to accept the plea, and Mr. Fenet seconded. The motion passed. Mr. Tidmore gave a statement to the Board. Investigator William Collins was called to the stand and sworn in to give a statement regarding the investigation. Mr. Clouatre made a motion to fine Jimmy & Johnny Tidmore d/b/a Scrap It $3,000 plus administrative costs, and Mr. Gallo seconded. The motion passed.

Mr. Johnson entered a no contest plea on behalf of German Pellets Louisiana, LLC. Mr. Weston made a motion to accept the plea, and Mr. Fenet seconded. Mr. Johnson presented a settlement offer of $1,000 plus administrative costs. Mr. Lambert made a motion to reject the settlement offer, and Mr. Talbot seconded. The motion passed. Mr. Johnson gave a statement to the Board. Mr. Lambert made a motion to fine German Pellets Louisiana, LLC $1,000 plus administrative costs, and Mr. Stuart seconded. The motion passed.

2. a) Leslie P. Lombas, Westwego, Louisiana – La. R.S. 37:2158(A)(5).

b) Ronald Ray Wight, Jr., Oregon, Illinois – La. R.S. 37:2158(A)(4).

c) King’s Air Conditioning and Electrical, LLC, Gretna, Louisiana – La. R.S. 37:2158(A)(4).

Items 2.a., 2.b. and 2.c. were consolidated. Mr. Rawls gave a summary of the allegations. Leslie Lombas was present on behalf of Leslie P. Lombas, Ronald Wight was present on behalf of Ronald Ray Wight, Jr., and Robert King was present on behalf of King’s Air Conditioning and Electrical, LLC. Each party was sworn in.

Mr. Lombas entered a no contest plea. Mr. Lambert made a motion to accept the plea, and Mr. Talbot seconded. The motion passed. Mr. Wight entered a no contest plea. Mr. Weston made a motion to accept the plea, and Mr. Talbot seconded. The motion passed. Mr. King entered a no contest plea. Mr. Lambert made a motion to accept the plea, and Mr. Weston seconded. The motion passed.

Each party gave a statement. Investigator Dylan Bourg was called to the stand and sworn in to give testimony on the case. Mr. Dupuy made a motion to assess penalties after item 2.d. is heard, and Mr. Weston seconded. The motion passed.

Mr. Weston made a motion to fine Leslie P. Lombas $500 plus administrative costs, and Mr. Lambert seconded. The motion passed. Mr. Dupuy made a motion to waive fines and administrative costs for Ronald Ray Wight, Jr. and King’s Air Conditioning and Electrical, LLC. Mr. Fenet seconded, and the motion passed.

d) Ramm Construction Group, LLC, New Orleans, Louisiana – La. R.S. 37:2158(A)(4).

Mr. Rawls gave a summary of the allegations. Manuel Mitten was present on behalf of Ramm Construction Group, LLC and sworn in. Mr. Mitten entered a no contest plea. Mr. Weston made a motion to accept the plea, and Mr. Dupuy seconded. The motion passed. Mr. Mitten gave a statement to the Board. Mr. Dupuy made a motion to waive the fine and administrative costs for Ramm Construction Group, LLC, and Mr. Fenet seconded. The motion passed.

3. a) Moreau Construction Company, LLC, New Roads, Louisiana – La. R.S. 37:2158(A)(4).

Mr. Rawls gave a summary of the allegations. Derrick Moreau was present on behalf of Moreau Construction Company, LLC and sworn in. Mr. Moreau entered a no contest plea. Mr. Lambert made a motion to accept the plea, and Mr. Weston seconded. The motion passed. Mr. Moreau gave a statement. Mr. Stuart made a motion to fine Moreau Construction Company, LLC $500 plus administrative costs, and Mr. Weston seconded. The motion passed.

b) Thomas Joseph Leonard, Morganza, Louisiana – La. R.S. 37:2158(A)(3) and Rules and Regulations of the Board Sec. 109.

Mr. Rawls gave a summary of the allegations and read the settlement offer presented by Thomas Joseph Leonard, who did not have a representative present. Mr. Weston made a motion to accept the settlement offer, and Mr. Stuart seconded. The motion passed.

c) James Bonaventure d/b/a Bonaventure’s Plumbing, New Roads, Louisiana – La. R.S. 37:2160(A)(1).

Mr. Rawls gave a summary of the allegations. James Bonaventure was present on behalf of James Bonaventure d/b/a Bonaventure’s Plumbing and sworn in. Mr. Bonaventure entered a no contest plea. Mr. Gallo made a motion to accept the plea, and Mr. Lambert seconded. The motion passed. Mr. Bonaventure gave a statement. Mr. Stuart made a motion to fine James Bonaventure d/b/a Bonaventure’s Plumbing $500 plus administrative costs, and Mr. Gallo seconded. The motion passed.

4. South Coast Solar, LLC, Metairie, Louisiana – La. R.S. 37:2158(A)(4).

Mr. Rawls gave a summary of the allegations and read the settlement offer presented by South Coast Solar, LLC, which did not have a representative present. The Board accepted the settlement offer after a unanimous vote.

5. a) Larry P. Moran Construction Company, Inc., Gonzales, Louisiana – La. R.S. 37:2158(A)(4).

b) Stanley’s Electric, St. Amant, Louisiana – La. R.S. 37:2160 (A)(1).

Mr. Rawls gave a summary of the allegations. Larry Moran was present on behalf of Larry P. Moran Construction Company, Inc., and Stanley Vilneurve was present on behalf of Stanley’s Electric. Both parties were sworn in. Mr. Moran entered a no contest plea. Mr. Meredith made a motion to accept the plea, and Mr. Talbot seconded. The motion passed. Mr. Vilneurve entered a no contest plea. Mr. Meredith made a motion to accept the plea, and Mr. Clouatre seconded. The motion passed. Each party gave a statement to the Board.

Mr. Weston made a motion to fine Larry P. Moran Construction Company, Inc. $1,000 plus administrative costs, and Mr. Talbot seconded. The motion passed. Mr. Clouatre made a motion to fine Stanley’s Electric $1,000 plus administrative costs, reduced to administrative costs only if licensed within 90 days. Mr. Meredith seconded, and the motion passed.

6. a) F&F Construction Company, Inc., Memphis, Tennessee – La. R.S. 37:2158(A)(4).

b) Tri-State Iron Works, Inc, Memphis, Tennessee – La. R.S. 37:2160(A)(1).

Mr. Rawls gave a summary of the allegations and read the settlement offer presented by Tri-State Iron Works, Inc. The offer is to settle matters for both F&F Construction Company, Inc. and Tri-State Iron Works, Inc. Mr. Meredith made a motion to accept the settlement offer, and Mr. Jones seconded. The motion passed.

7. a) Donald F. Dawson, Baton Rouge, Louisiana – La. R.S. 37:2158(A)(4).

Mr. Rawls gave a summary of the allegations and read the settlement offer presented by Donald F. Dawson, who did not have a representative present. Mr. Meredith made a motion to accept the settlement offer, and Mr. Clouatre seconded. The motion passed.

b) Falcon Construction, LLC, Denham Springs, Louisiana – La. R.S. 37:2160(A)(1).

Mr. Rawls gave a summary of the allegations. Antonio Vargas was present on behalf of Falcon Construction, LLC and sworn in. Mr. Vargas entered a no contest plea. Mr. Meredith made a motion to accept the plea, and Mr. Weston seconded. The motion passed. Mr. Vargas gave a statement. Mr. Meredith made a motion to fine Falcon Construction, LLC $5,000 plus administrative costs, reduced to $1,000 plus administrative costs if licensed within 90 days. Mr. Fenet seconded, and the motion passed.

8. a) John Peter May, III d/b/a May’s Heating and Cooling, Ville Platte, Louisiana – La. R.S. 37:2160(A)(1).

Mr. Rawls gave a summary of the allegations and read the settlement offer presented by John Peter May, III d/b/a May’s Heating and Cooling, which did not have a representative present. Mr. Gallo made a motion to accept the settlement offer, and Mr. Stuart seconded. The motion passed.

b) Gary’s Plumbing Company, Washington, Louisiana – La. R.S. 37:2160(A)(1).

Mr. Rawls gave a summary of the allegations and read the settlement offer presented by Gary’s Plumbing Company, which did not have a representative present. Mr. Meredith made a motion to deny the settlement offer, and Mr. Jones seconded. The motion passed.

OLD BUSINESS

D. COMPLIANCE HEARING/CONTINUANCE:

1. Tony Valenzuela d/b/a TNT Masonry, Longview, Texas – La. R.S. 37:2160(A)(1).

Mr. Rawls gave a summary of the allegations. Attorney Wayne Jablonowski was present on behalf of Tony Valenzuela d/b/a TNT Masonry. Mr. Jablonowski entered a no contest plea. Mr. Dupuy made a motion to accept the plea, and Mr. Clouatre seconded. The motion passed. Mr. Jablonowski presented a settlement offer. Mr. Clouatre made a motion to accept the settlement offer, and Mr. Stuart seconded. The motion passed.

E. REQUEST FOR REHEARING/RECONSIDERATION:

1. Fast Painting, Inc., Baton Rouge, Louisiana – La. R.S. 37:2160 (A)(1).

Mr. Rawls gave a summary of the case regarding Fast Painting, Inc. and explained that there was no service on the original notification of hearing. Mr. Meredith made a motion to rescind the previous penalty, and Mr. Clouatre seconded. The motion passed.

F. REQUEST FOR JUDGMENT REHEARING/RECONSIDERATION OF PENALTY:

1. Moore Electric, Inc., Baton Rouge, Louisiana –La. R.S. 37:2150-2192, Sec. 2158(A)(9).

Ms. Dupuy gave a summary of the allegations and a history of the case. Ralph Moore was present on behalf of Moore Electric, Inc. and sworn in. Mr. Moore gave a statement. Mr. Andrishok presented a letter from the creditor’s attorney, which was filed and admitted into evidence. Mr. Talbot made a motion to reinstate the license of Moore Electric, Inc., and Mr. Jones seconded. The motion passed.

G. COMMITTEE REPORTS:

1. Report from the Staff – Ms. Dupuy gave a statement regarding the training workshop and the AGC Critical Issues Summit in February.

2. Building Committee – Mr. McDuff gave a statement regarding the building generator.

3. Classification and Testing Committee – Mr. Weston gave a statement regarding the committee meeting.

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

5. Finance Committee – Mr. Dupuy made a motion to accept the budget versus actual for December 2013, and Mr. Clouatre seconded. The motion passed.

6. Residential Building Committee – Mr. Badeaux made a motion to approve the actions of the January 8 Residential Committee Meeting, and Mr. Lambert seconded. The motion passed.

H. Consideration of residential applications, home improvement registrations and exemptions as listed and attached to the agenda. (Pages 5 - 9)

Mr. Badeaux made a motion to approve residential building applications as listed on the agenda, and Mr. Lambert seconded. The motion passed.

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

Mr. Badeaux made a motion to approve the exemptions as listed on the agenda, and Mr. Lambert seconded. The motion passed.

I. Consideration of commercial licensure exemptions as listed and attached to the agenda. (Pages 11 & 12)

Mr. Dupuy made a motion to approve the exemptions as listed on the agenda with the exception of SV Pipeline Construction, LLC and to approve only Electrical Work Statewide for Solentric, Inc. Mr. Clouatre seconded, and the motion passed.

J. Consideration of mold remediation application as listed and attached to the agenda. (Page 14)

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

K. Consideration of additional classifications as listed and attached to the agenda. (Pages 16)

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

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

• Pending All Requirements Being Met (Pages 18-23)

Mr. Lambert made a motion to approve the new applications pending all requirements being met as listed on the agenda, and Mr. Dupuy seconded. The motion passed.

• Regular Commercial Applications (Page 24)

Mr. Lambert made a motion to approve the regular commercial applications as listed on the agenda, and Mr. Dupuy seconded. The motion passed.

Mr. McDuff introduced Randy Haney with the Louisiana Oil Field Contractors Association. Mr. Haney gave a statement regarding the nomination of Noah “Bubba” Broussard.

ADJOURNMENT

Mr. Meredith made a motion to adjourn the meeting at 11:35 a.m., and Mr. Lambert seconded. The motion passed.

________________________________________________

Lee Mallett, Chairman

_________________________________________________

Nelson A. “Andy” Dupuy, Jr., Secretary/Treasurer

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