Minutes of April 15, 2010 Commercial Board Meeting

Page 2

STATE LICENSING BOARD FOR CONTRACTORS

MINUTES TO THE REGULAR MEETING OF

April 15, 2010

The regular monthly meeting of the Board was called to order by the Chairman at 9:45 a.m. in the Conference Room of the Board’s offices, Baton Rouge, Louisiana. Members of the Board present:

Byron Talbot, Chairman

William Clouatre

George L. Crain, Jr.

Nelson A. “Andy” Dupuy, Jr.

Courtney Fenet, Jr.

August Gallo, Jr.

Danny Graham

Kenneth Jones

Donald G. Lambert

Garland Meredith

Christopher Stuart

Vic Weston

Absent:

There being a quorum, the regular order of business began.

Attending the meeting were: Michael B. McDuff, Executive Director; Judy Dupuy Board Administrator; Judge Darrell White, Retired, Hearing Officer; Trippe Hawthorne, Board Attorney; and from the staff, Doug Traylor Brent Templet; Bobbie Hughes; Tiffany Rogers; Kris Fitch and Compliance Investigators – Johnny Rogers; Charlie Pellegrin; Greg Perrin and Todd Brady and Dwan Mizell recording the minutes.

Also in attendance were: Charles Gibson; Lloyd Broussard, Enviro-Tech; Joseph Perrault, Attorney representing Larry Tucker; Regan Voorhies, B & V Plumbing, LLC, Kenneth Templet and Dalton Hillard, Southland Energy Services; Donald Nelson, Bradcourt; Lloyd Aguillard, Nova Contractor and Host Construction; Dwight Poirrier, Attorney representing Coastal Contractors; Dianna Hosenbeck, Legal Staff representing Coastal Contractors; C.L. Hausey, Hausey A/C; Darrell Ellis, Darrell’s Electric, Inc.; Chris Pierce, Attorney representing Asphalt Products; Martin Smith, Jerry Lydick and Jamie Smith, First and Goal Construction, Judson Banks, Attorney representing First and Goal Construction; Thomas Pittari, Host Construction, LLC; Bridgett Redmond, Coastal Contractors; Darren Roberts and Randall Martin; Champion Automatic Fire Sprinkler; Roy Mendelssohn, Expert Renovations; Frank White, Attorney representing Southern Electric; Larry Tucker, C.F. Moreau, Marie and Roland Williams, Homeowner, Host Construction; Ken Naquin, La. Association of General Contractors; Roy Bertrand, Bertrand Construction; James Rushing, Veteran’s Plumbing; David & Ruth Epperley, Epco Construction; Brendon & Shasta Anderson, Anderson and Son Custom Pools; Doug Sunseri, Attorney representing Epco Construction and Willie Smith & Tonya Kanter, Willie Smith Plumbing, L.L.C.

* * * * * * * * * * * * * * * * * * * * * *

Mr. Fenet, Board member, led the members and audience in the Pledge of Allegiance, which was followed by an invocation given by Judge Darrell White, Retired, Hearing Officer then Judge White introduced himself and advised those present of his duties.

* * * * * * * * * * * * * * * * * * * * * *

A MOTION was made by Mr. Lambert and seconded by Mr. Fenet to accept the Minutes of the March 25, 2010 regular meeting, as typed. The motion carried unanimously.

* * * * * * * * * * * * * * * * * * * * * *

Mr. McDuff introduced Mr. Trippe Hawthorne as our new Board Attorney.

* * * * * * * * * * * * * * * * * * * * * *

Judge White swear in a new Commercial Board Member, Mr. Christopher Stuart.

* * * * * * * * * * * * * * * * * * * * * *

ORIGINAL MOTION MADE AT NOVEMBER 19, 2009

COMMERCIAL BOARD MEETING

A MOTION was made by Mr. Weston and seconded by Mr. Clouatre that all contractors applying for the classification of Solar Energy Equipment must hold a commercial license with the classification of either Building Construction, Electrical Work (Restricted/Statewide), Mechanical Work (Restricted/State) or Electrical or Mechanical work as issued under the grandfathering clause of ACT 725. In addition, all contractors applying for the specialty of Solar Energy Equipment must have completed and provide proof to this Board of training in the design and installation of solar energy systems by an entity accredited by this Board, and must have taken and passed an approved NABCEP examination prior to the issuance of the classification.

======

A MOTION was made by Mr. Weston and seconded by Mr. Clouatre to amend the Solar Energy Classification Motion that was made at the November 19, 2009 Board Meeting to remove the requirement of “passed an approved NABCEP examination prior to the issuance of the classification” due to the exam not being available for administration in Louisiana.

* * * * * * * * * * * * * * * * * * * * * *

NEW BUSINESS:

◙ Judgment Hearing(s):

Host Construction, L.L.C. (RL#86812)

Administrative Hearing – Consider an alleged violation by Host Construction, L.L.C. of the provisions of Louisiana R.S. 37:2150 - 2192, the Contractors’ Licensing Law, and in particular Section 115, Paragraph C, of the Rules and Regulations of the Board and consideration of applicable penalties therein. This hearing is being called for reason that on information and belief you have a judgment which was rendered by the Fourth Justice Court, Case No. 7533, Parish of St. Tammany, State of Louisiana, on the 7th day of December, 2009, in which Host Construction, L.L.C., holder of residential contractor’s license number 86812, was ordered that on or before December 31, 2009 they were to install eight (8) bronze-colored, recessed lighting trim kits on the exterior of the house owned by Marie Williams and located in Azalea Woods Subdivision, at 13444 Rosewood Drive, Ponchatoula, Louisiana. FURTHERMORE, Marie Williams hereby waived any and all right to recover from defendant, Host Construction, L.L.C., for defects and deficiencies in, and/or problems associated with, the eight (8) bronze-colored, recessed lighting trim kits installed on the exterior of her house. IT WAS FURTHER ORDERED, ADJUDGED AND DECREED that defendant, Host Construction, L.L.C. will work with Marie Williams to replace the defective door furnished by Wolf Lumber.

Ms. Kris Fitch read the allegations against HOST CONSTRUCTION, L.L.C. and NOVA CONTRACTING, L.L.C. then asked if a representative of HOST CONSTRUCTION, L.L.C. and NOVA CONTRACTING, L.L.C. were present.

Mr. Lloyd Aguillard representing both Host Construction, L.L.C. and Nova Contracting, L.L.C. and Mr. Thomas Pittari, III and Mrs. Marie Williams, homeowner were all present.

Mr. Aguillard and Mr. Pittari both came to the stand, both were worn in.

Mr. Hawthorn then questioned Mr. Pittari if the outstanding judgment was satisfied.

Mr. Pittari responded then gave his statement telling what work was done.

Mrs. Marie Williams, the homeowner came to the stand, she was sworn in.

Then Mr. Hawthorn questioned Mrs. Williams.

Mrs. Williams responded.

Mr. Hawthorne requested that the final judgment be entered into the record.

Judge White stated it would be accepted.

A MOTION was made by Mr. Dupuy and seconded by Mr. Weston to give HOST CONSTRUCTION, L.L.C. thirty (30) days to satisfy the outstanding judgment with Marie Williams. After thirty (30) days, Mrs. Williams will notify the Board if judgment is satisfied or not, if not satisfied, their Residential License Number 86812 will immediately be revoked. The motion carried unanimously.

Nova Contracting, L.L.C. (RL#86812)

Administrative Hearing – Consider an alleged violation by Nova Contracting, L.L.C. of the provisions of Louisiana R.S. 37:2150 - 2192, The Contractors’ Licensing Law, and in particular Section 2158, Paragraph A (9), and consideration of applicable penalties therein. This hearing is being called for reason that on information and belief you, Mr. Aguillard, have failed to properly engage in the business of contracting as demonstrated by your prior contracting business experience due to an alleged violation by you of the above statutes. This violation is based on the fact that you as one of the Members of Host Construction, L.L.C. have a judgment which was rendered by the Fourth Justice Court, Case No. 7533, Parish of St. Tammany, State of Louisiana, on the 7th day of December, 2009, in which Host Construction, L.L.C., holder of residential contractor’s license number 86812, was ordered that on or before December 31, 2009 they were to install eight (8) bronze-colored, recessed lighting trim kits on the exterior of the house owned by Marie Williams and located in Azalea Woods Subdivision, at 13444 Rosewood Drive, Ponchatoula, Louisiana. FURTHER-MORE, Marie Williams hereby waived any and all right to recover from defendant, Host Construction, L.L.C., for defects and deficiencies in, and/or problems associated with, the eight (8) bronze-colored, recessed lighting trim kits installed on the exterior of her house. IT WAS FURTHER ORDERED, ADJUDGED AND DECREED that defendant, Host Construction, L.L.C. will work with Marie Williams to replace the defective door furnished by Wolf Lumber. This judgment results in problems relating to the ability of the contractor(s), its qualifying party(ies), or any of its principal owners or principal shareholders to engage in the business of contracting, as demonstrated by their prior contracting business experience.

Ms. Kris Fitch read the allegations against HOST CONSTRUCTION, L.L.C. and NOVA CONTRACTING, L.L.C. then asked if a representative of HOST CONSTRUCTION, L.L.C. and NOVA CONTRACTING, L.L.C. were present.

Mr. Lloyd Aguillard representing both Host Construction, L.L.C. and Nova Contracting, L.L.C. and Mr. Thomas Pittari, III and Mrs. Marie Williams, homeowner were all present.

Mr. Aguillard and Mr. Pittari both came to the stand, both were worn in.

Mr. Hawthorn then questioned Mr. Pittari if the outstanding judgment was satisfied.

Mr. Pittari responded then gave his statement telling what work was done.

Mrs. Marie Williams, the homeowner came to the stand, she was sworn in.

Then Mr. Hawthorn questioned Mrs. Williams.

Mrs. Williams responded.

Mr. Hawthorne requested that the final judgment be entered into the record.

Judge White stated it would be accepted.

A MOTION was made by Mr. Dupuy and seconded by Mr. Weston to give NOVA CONTRACTING, L.L.C. thirty (30) days to satisfy the outstanding judgment with Marie Williams After thirty (30) days, Mrs. Williams will notify the Board if judgment is satisfied or not, if not satisfied, their Residential License Number 86812 will immediately be revoked. The motion carried unanimously.

Donald M. Nelson (CL#34990)

Administrative Hearing – Consider an alleged violation by Donald M. Nelson of the provisions of Louisiana R. S. 37:2150 - 2192, the Contractors’ Licensing Law, and in particular Section 115, Paragraph C, of the Rules and Regulations of the Board and consideration of applicable penalties therein. This hearing is being called for reason that on information and belief you have a default judgment which was rendered by the 16th Judicial District Court, No. 73911, Parish of St. Martin, State of Louisiana, on the 19th day of November, 2008, in which Bradcourt Construction & Electrical, LLC and you, Mr. Nelson, holder of commercial contractor’s license number 34990, were ordered to pay in the principal amount of THIRTY-NINE THOUSAND NINE HUNDRED THIRTY-FIVE DOLLARS AND 89/100 ($39,935.89) plus attorney’s fees in the amount of TWO THOUSAND DOLLARS AND 00/100 ($2,000.00), service charges on each unpaid invoice commencing on the twentieth day of the month following the month of the invoice at the per annum rate of 24%, and all costs of the proceedings in favor of Summers Group, Inc.

Ms. Kris Fitch read the allegations against DONALD M. NELSON then asked if a representative of DONALD M. NELSON was present. Mr. Donald Nelson and Mr. Frank White, Attorney representing Summers Group, Inc. were both present.

Mr. Nelson came to the stand, he was sworn in.

Mr. White came to the stand, introduced himself and stated who he represented.

Mr. Hawthorne requested that the final judgment be entered into the record.

Judge White stated it would be accepted.

A MOTION was made by Mr. Meredith and seconded by Mr. Graham and Mr. Dupuy to give DONALD M. NELSON sixty (60) days to resolve the outstanding judgment with Summers Group, Inc. The motion carried unanimously.

Weststar Construction Inc. (CL#26985)

Administrative Hearing – Consider an alleged violation by Weststar Construction Inc. of the provisions of Louisiana R. S. 37:2150 - 2192, the Contractors’ Licensing Law, and in particular Section 115, Paragraph C, of the Rules and Regulations of the Board and consideration of applicable penalties therein. This hearing is being called for reason that on information and belief you have a judgment which was rendered by the 19th Judicial District Court, No. 582,867, Parish of East Baton Rouge, State of Louisiana, on the 18th day of December, 2009, in which Weststar Construction, Inc., holder of commercial contractor’s license number 26985, was ordered to pay in the amount of TWO THOUSAND FIVE HUNDRED SIXTY DOLLARS AND 64/100 ($2,560.64) plus 18% interest per annum from August 22, 2008 until paid, reasonable attorney’s fees in the amount of 20% and all court costs in favor of Asphalt Products Unlimited, Inc.

Ms. Kris Fitch read the allegations against WESTSTAR CONSTRUCTION, INC. then asked if a representative of WESTSTAR CONSTRUCTION, INC. was present. Mr. C. F. Morgan representing Weststar Construction, Inc. and Mr. Chris Pierce, Attorney representing Asphalt Products Unlimited were both present.

Mr. Morgan and Attorney Pierce both came to the stand Mr. Morgan was sworn in

Mr. Hawthorne requested that the final judgment be entered into the record.

Judge White stated it would be accepted.

A MOTION was made by Mr. Weston and seconded by Mr. Gallo and Mr. Meredith to give WESTSTAR CONSTRUCTION INC. ninety (90) days to resolve the outstanding judgment with Asphalt Products Unlimited. The motion carried unanimously.

* * * * * * * * * * * * * * * * * * * * * *

◙ Qualifying Party Hearing(s):

Southland Energy Services, LLC (CL#43864)

Administrative Hearing – Consider an alleged violation by Southland Energy Services, LLC of the provisions of Louisiana R.S. 37:2150 - 2192, The Contractors’ Licensing Law, and in particular Section 2158, Paragraph A (6) (9), and consideration of applicable penalties therein. This hearing is being called for reason that on information and belief you, Mr. Hilliard, as Chief Executive Officer of Southland Energy Services, LLC, were granted a waiver of the 120 day waiting period for qualifying party eligibility at the September 24, 2009 Board meeting in order to allow Mr. Kenneth J. Templet, Jr., an employee, to be listed as your company’s new qualifying party pending all requirements being met. The 120 day waiting period expired on January 24, 2010; however, as of this date, as instructed by the Board, you have not furnished this office with the required documentation needed for Mr. Templet to remain your company’s qualifying party. Based on the above information, Mr. Hilliard, this results in problems relating to the ability of the contractor(s), its qualifying party(ies), or any of its principal owners or principal shareholders to engage in the business of contracting, as demonstrated by their prior contracting business experience.