Residential Minutes for January 5, 2011

Page 6

STATE LICENSING BOARD FOR CONTRACTORS

RESIDENTIAL BUILDING COMMITTEE MEETING MINUTES

January 5, 2011

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

Members of the Residential Building Committee present:

Kenneth Jones, Chairman

Karon “Kay” Gibson

William “Billy” Ward

Iione “Toni” Wendel

Dana Dugas

Absent: Charlie Vascocu

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

Attending the meeting were: Michael McDuff, Executive Director; Judy Dupuy, Board Administrator; Judge White Darrell White, Retired, Hearing Officer; Angela Adolph, Board Attorney; from the staff; Kris Fitch, Bobbie Hughes, Brent Templet, Michele Lemoine, Kellie Prudhomme, Emma Payne, Paula Lamotte, Bertha Jenkins, Dwan Mizell; Compliance Investigators – Lynwood Allemore, John Andersen, Carl Bourque, Marc Mary, Marianne Sullivan, Mark Williamson and Sharon Fabre recording the minutes.

Also in attendance were: Matthew P. Chiasson, Winston L. Brumfield, Kenneth D. Platt, Raymond Rosborough, Elisha Rosborough, Ronald J. Oubre, Jr., Trisha Oubre, Kenneth Friou, Reba Singleton, Scot Breaux, Attorney Nelson J. Cantrelle, III, Ceasar R. Trahan, Wanda Guillory, Troy Heard, Orlando McKinley, Brian Washington, Kem Anderson, Steven Young, Dan Norton, Allen Guidry, Cheryl Guidry, Attorney J. Douglas Sunseri, John C. Johnson, Nicholas R. Bradford, Sandra Harmon, Adrienne Rachel, Attorney J. Arthur Smith, III, Gary Caufield, Roger Clark, Dalton Honore, Betty B. Blaze, Jonathan Holloway.

Mr. Jones, Committee Member led the members and audience in the Pledge of Allegiance which was followed by an invocation given by Judge White Darrell White.

Judge White introduced himself and advised those present of his duties.

Mr. McDuff introduced special guests Mr. Rhett Jeansonne representing the Louisiana State Department of Insurance and Mr. Lloyd “Chip” Badeaux, Commercial Board Member.

A MOTION was made by Ms. Gibson and seconded by Ms. Wendel to accept the Minutes of the December 1, 2010 regular meeting. The Motion passed.

NEW BUSINESS

INSURANCE HEARING(S):

Administrative Hearing(s) – Consider an alleged violation of Section 1503 (D) of the Rules and Regulations of the Board 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;

Ms. Fitch read the allegations against the list of companies below, and asked if a representative of any of these companies was present.

Ms. Fitch summarized notifications, communications and documentations for each of the following companies in reference to receipt or non receipt of General Liability Coverage; / DECISION / PENALTY MOTION / MOTION BY
Air Phase General Construction, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed.
CFS Consultants, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed
Design Built Consulting, Inc.
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed.
Edmond J. Melder, Jr.
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed
Gary Anthony Travis Becnel
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed.
G.L. Catalinoto Enterprises, Inc.
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed.
Guidry’s Renovations Plus, Inc.
(Present) / Thirty days to provide proper insurance coverage. / Motion by Ms. Wendel and second by Ms. Gibson.
The Motion passed.
Ledbetter Construction, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed
McCormick Properties, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed
New Image Property, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed
Professional Construction and Restoration, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed
Quraishy Homes, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed.
Rick Golemi Construction, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed.
Trademark Homebuilders, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed.
Wayne W. Wilbert
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed
William Monk Thomas
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed.
Winston L. Brumfield
(Not Present) / Dismissed, proof of insurance provided. / Motion by Ms. Wendel and second by Mr. Ward.
The Motion passed.

Administrative Hearing – Alleged violation of Section 1503 (D) of the Rules and Regulations of the Board 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;

Ms. Fitch read the allegations against the list of companies below, and asked if a representative of any of these companies was present.

Ms. Fitch summarized notifications, communications and documentations for each of the following companies in reference to receipt or non receipt of Worker’s Compensation Coverage; / DECISION / PENALTY MOTION / MOTION BY
Air Phase General Construction, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
CFS Consultants, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
Design Built Consulting, Inc.
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
Edmond J. Melder, Jr.
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
Gary Anthony Travis Becnel
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed..
G.L. Catalinoto Enterprises, Inc.
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
Guidry’s Renovations Plus, Inc.
(Present) / Thirty days to provide proper insurance coverage. / Motion by Mr. Dugas and seconded by Ms. Wendel.
The Motion passed
Ledbetter Construction, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
McCormick Properties, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
New Image Property, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
Quraishy Homes, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
Rick Golemi Construction, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
Trademark Homebuilders, LLC
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
Wayne W. Wilbert
(Not Present) / Found guilty, license/certificate revoked / $500 court costs & cease and desist. / Motion by Mr. Ward and seconded by Ms. Wendel.
The Motion passed.
Winston L. Brumfield
(Not Present) / Dismissed, proof of insurance provided. / Motion by Mr. Dugas and seconded by Ms. Wendel.
The Motion passed.

COMPLIANCE HEARING(S):

CURRY CONSTRUCTION, LLC (RL.88932 revoked)

Administrative Hearing – Consider an alleged violation of LA R.S. 37:2167 (A) of the Contractors’ Licensing Law by, CURRY CONSTRUCTION, LLC, Chalmette, Louisiana, in that you have/or are in the process of constructing residence(s) in the amount of $112,594.00, at but not limited to, 4612 Ray Avenue, New Orleans, Louisiana, without possessing a State Residential Building License.

Ms. Hughes asked if a representative for CURRY CONSTRUCTION, LLC was present. There was no response. Ms. Hughes gave a brief synopsis of the allegations. Investigator Carl Bourque came to the stand and was sworn in. Ms. Adolph reviewed the exhibit packet with Mr. Bourque. Upon request by Ms. Adolph, Judge White accepted the exhibit packet into the record.

A MOTION was made by Mr. Dugas and seconded by Ms. Wendel to find CURRY CONSTRUCTION, LLC guilty. The Motion passed.

A MOTION was made by Mr. Dugas and seconded by Mr. Ward to assess CURRY CONSTRUCTION, LLC, a fine of 10% of $112,594.00 plus administrative fees associated with these proceedings and a cease and desist order. The Motion passed.

JOHN C. JOHNSON (Unlicensed)

Administrative Hearing – Consider an alleged violation of LA R.S. 37:2167 (A) of the Contractors’ Licensing Law by, JOHN C. JOHNSON, New Orleans, Louisiana, in that you have/or are in the process of constructing residences or performing home improvement contracting services in the amount of $188,000.00, at but not limited to, 3128/3130 St. Ann Street, New Orleans, Louisiana, without possessing a State Residential Building License. Also, to consider an alleged violation of LA R.S. 37:2185 (A) of the Contractors’ Licensing Law, in that you have/or are in the process of engaging in the business of mold remediation, at but not limited to, 3128/3130 St. Ann Street, New Orleans, Louisiana to perform work in an amount in excess of $1.00 without possessing a Louisiana state contractor’s license.

Ms. Hughes asked if a representative for JOHN C. JOHNSON was present. Mr. John C. Johnson and Attorney J. Douglas Sunseri representing JOHN C. JOHNSON were present. Mr. Johnson with Attorney Sunseri came to the stand and Mr. Johnson was sworn in. Ms. Hughes gave a brief synopsis of the allegations. On behalf of his client, Attorney Sunseri pled no contest for both violations. Attorney Sunseri and Mr. Johnson gave testimony of the scope of work and events that took place during the project. Investigator Bourque came to the stand and Attorney Sunseri reviewed the exhibit packet with Mr. Bourque.

A MOTION was made by Mr. Ward and seconded by Ms. Wendel to accept the no contest plea of JOHN C. JOHNSON of the residential building violation and mold remediation violation. The Motion passed.

A MOTION was made by Mr. Dugas and seconded by Mr. Ward to assess JOHN C. JOHNSON, administrative fees associated with these proceedings and a cease and desist order. The Motion passed.

KENNETH D. PLATT D/B/A DAKOTA SYSTEMS, LLC (Unlicensed)

Administrative Hearing – Consider an alleged violation of LA R.S. 37:2167 (A) of the Contractors’ Licensing Law by, KENNETH D. PLATT D/B/A DAKOTA SYSTEMS, LLC, Jayess, Mississippi, in that you have/or are in the process of constructing residence(s) in the amount of $200,000.00, at but not limited to, 115 Talbert Road, Columbia, Louisiana, without possessing a State Residential Building License.

Ms. Hughes asked if a representative for KENNETH D. PLATT D/B/A DAKOTA SYSTEMS, LLC was present. Mr. Kenneth D. Platt was present and came to the stand. Ms. Hughes gave a brief synopsis of the allegations. Mr. Platt was sworn in and pled no contest. Mr. Platt gave testimony of the scope of work and events that took place during the project. Investigator Bourque came to the stand and the exhibit packet was reviewed with Mr. Platt.

A MOTION was made by Mr. Ward and seconded by Ms. Wendel to accept the no contest plea of KENNETH D. PLATT D/B/A DAKOTA SYSTEMS, LLC. The Motion passed.

A MOTION was made by Ms. Wendel and seconded by Mr. Ward to assess KENNETH D. PLATT D/B/A DAKOTA SYSTEMS, LLC, a fine of $500.00 plus administrative fees associated with these proceedings and a cease and desist order. The Motion passed.

RAY ROSBOROUGH D/B/A R&L GENERAL REMODELING, LLC (Unlicensed)

Administrative Hearing – Consider an alleged violation of LA R.S. 37:2167 (A) of the Contractors’ Licensing Law by, RAY ROSBOROUGH D/B/A R&L GENERAL REMODELING, LLC, New Orleans, Louisiana, in that you have/or are in the process of performing home improvement contracting services in the amount of $96,500.00, at but not limited to, 4663 Tulip Street, New Orleans, Louisiana, without possessing a State Residential Building License and/or LA R.S. 37:2175.2 (A) in that you have/or are in the process of performing home improvements in excess of $7,500.00 without possessing a State Home Improvement Registration.

Ms. Hughes asked if a representative for RAY ROSBOROUGH D/B/A R&L GENERAL REMODELING, LLC was present. Mr. Ray Rosborough was present and came to the stand. Ms. Hughes gave a brief synopsis of the allegations. Mr. Rosborough was sworn in and pled no contest. Mr. Rosborough gave testimony of the scope of work and events that took place during the project. Ms. Adolph reviewed the exhibit packet with Mr. Bourque.