STATE LICENSING BOARD FOR CONTRACTORS

Commercial board Meeting MINUTES

May 15, 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

Nelson A. “Andy” Dupuy, Jr.

August Gallo, Jr.

Kenneth Jones

Donald G. Lambert

Garland Meredith

Christopher Stuart

Art O. Walker

Victor Weston

Courtney Fenet, Jr. and Danny Graham 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; Jennifer Sims, Board Attorney; and from the staff, 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, Frank Vaughan, William Collins, Johnny Rogers, and Dylan Bourg; and Kara Kearney recording the minutes.

Mr. Clouatre 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. Lambert made a motion to accept the Minutes of the April 17, 2014 regular meeting. Mr. Clouatre seconded, the motion passed.

Mr. McDuff introduced board attorney Jennifer Sims. Mr. McDuff welcomed Ken Naquin with the Louisiana AGC who gave a statement on House Bill 919.

NEW BUSINESS

C.  JUDGMENT(S):

1. Southern Homes, LLC, Metairie, LA – La. R.S. 37:2150-2192, Sec. 2158(A)(9).

Ms. Dupuy made a correction to the agenda informing the Board that the entity name was Southern Homes Renovations, LLC. Ms. Dupuy gave a summary of the allegations and listed other companies linked to the qualifying party. No one was present on behalf of Southern Homes, LLC. Ms. Sims filed the judgment into the record, and it was admitted. Mr. Gallo made a motion to revoke the licensed of Southern Homes, LLC, Maplewood, LLC and Sterling Homes, LLC), and Mr. Clouatre seconded. The motion passed.

2. Harmon Construction, LLC, Lake Charles, LA – La. R.S. 37:2150-2192, Sec. 2158(A)(9).

Ms. Dupuy gave a summary of the allegations. Clifton Harmon was present on behalf of Harmon Construction, LLC and sworn in. Mr. Harmon gave a statement. Mr. Talbot made a motion to allow 60 days to settle the matter or enter into an agreement for a payment plan or the license will be revoked. Mr. Weston seconded, and the motion passed.

D.  Compliance Hearing(S):

1. Posigen of Louisiana, LLC, Metairie, Louisiana – La. R.S. 37:2158(A)(2).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Posigen of Louisiana, LLC, which did not have a representative present. Mr. Weston made a motion to accept the settlement offer, which included a no contest plea, and Mr. Gallo seconded. The motion passed.

2. a) MMAD Coffee, LLC, Laplace, Louisiana – La. R.S. 37:2160(A)(1).

b) Calvin’s Maintenance Incorporated, Baton Rouge, Louisiana – La. R.S. 37:2158(A)(4).

c) Summit Homes, LLC, Laplace, Louisiana – La. R.S. 37:2158(A)(5).

d) John Piediscalzo III d/b/a JP3 Electric, LLC, Slidell, Louisiana – La. R.S. 37:2158(A)(4).

e) Kerry Labat d/b/a Stay Cool Air Conditioning and/or Diamond Air, Laplace, Louisiana – La. R.S. 37:2160(A)(1).

Matters 2 a-e were consolidated. Ms. Hughes gave a summary of the allegations. Mateusz Dabrowski was present on behalf of MMAD Coffee, LLC, Greg Fincher was present on behalf of Summit Homes, LLC, and Kerry Labat was present on behalf of Kerry Labat d/b/a Stay Cool Air Conditioning and/or Diamond Air. No one was present on behalf of Calvin’s Maintenance Incorporated or John Piediscalzo III d/b/a JP3 Electric, LLC. All parties were sworn in.

Mr. Dabrowski, Mr. Fincher and Mr. Labat each entered a plea of admission. Mr. Meredith made a motion to accept each plea, and Mr. Dupuy seconded each motion. The motions passed. Each party gave a statement.

Ms. Hughes read the settlement offers presented by Calvin’s Maintenance Incorporated and John Piediscalzo III d/b/a JP3 Electric, LLC. Mr. Talbot made a motion to accept the settlement offers, which included no contest pleas, and Mr. Lambert seconded. The motion passed.

Mr. Talbot made a motion to suspend the commercial license of Summit Homes, LLC for 60 days and fine $1,000 plus $500 in administrative costs, and Mr. Weston seconded. The motion passed with objections by Mr. Gallo and Mr. Meredith.

Mr. Clouatre made a motion to fine Kerry Labat d/b/a Stay Cool Air Conditioning and/or Diamond Air $1,000 plus $500 in administrative costs, reduced to costs only if licensed within 90 days. Mr. Gallo seconded, and the motion passed.

Mr. Clouatre made a motion to fine MMAD Coffee, LLC $1,000 plus $500 in administrative costs, and Mr. Dupuy seconded. The motion passed.

3. a) The Haskell Company, Jacksonville, Florida – La. R.S. 37:2158(A)(4).

b) Milton J. Wood Fire Protection, Inc., Jacksonville, Florida – La. R.S. 37:2160(A)(1).

c) Scarbrough Sarasota Concrete, Inc., Myakka City, Florida – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offers presented by The Haskell Company and Scarbrough Sarasota Concrete, Inc., which did not have representatives present. Bruce Shreves was present on behalf of Milton J. Wood Fire Protection, Inc. and presented a settlement offer and gave a statement.

Mr. Weston made a motion to dismiss the case against Milton J. Wood Fire Protection, Inc., and Mr. Gallo seconded. The motion passed with 4 oppositions.

Mr. Meredith made a motion to continue the matters regarding The Haskell Company and Scarbrough Sarasota Concrete, Inc. The motion failed for lack of a second.

Mr. Stuart made a motion to accept the settlement offers presented by The Haskell Company and Scarbrough Sarasota Concrete, Inc., and Mr. Dupuy seconded. The motion passed with one opposition.

4. a) Hutton Construction, Inc., Chattanooga, Tennessee – La. R.S. 37:2158(A)(4).

b) Manuel Maya d/b/a Three Brothers Steel & Drywall, Houston, Texas – La. R.S. 37:2160(A)(1).

c) Bruce Tice d/b/a Tice Concrete Co., North Augusta, South Carolina – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offers presented by Hutton Construction, Inc. and Bruce Tice d/b/a Tice Concrete Co., which did not have representatives present. Mr. Badeaux made a motion to accept the settlement offers presented by Hutton Construction, Inc. and Bruce Tice d/b/a Tice Concrete Co., and Mr. Stuart seconded. The motion passed.

Manuel Maya was present on behalf of Manuel Maya d/b/a Three Brothers Steel & Drywall and sworn in. Mr. Maya entered a plea of admission. Mr. Meredith made a motion to accept the plea, and Mr. Clouatre seconded. The motion passed. Mr. Maya gave a statement. Mr. Talbot made a motion to fine $500 plus $500 in administrative costs and recommended getting a license within 90 days, and Mr. Weston seconded. The motion passed.

5. a) Schmidt Builders, LLC, DeRidder, Louisiana – La. R.S. 37:2158(A)(4).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Schmidt Builders, LLC, which did not have a representative present. Mr. Clouatre made a motion to counter the settlement offer from Schmidt Builders, LLC with a fine of $1,500 plus $500 in administrative costs. Mr. Gallo seconded, and the motion passed.

b) Emersons American Air, Inc., Hornbeck, Louisiana – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Emersons American Air, Inc., which did not have a representative present. Mr. Meredith made a motion to accept the settlement offer presented by Emersons American Air, Inc., which included a plea of admission, and Mr. Talbot seconded. The motion passed.

c) Griffin Plumbing Company, LLC, DeRidder, Louisiana – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations. Jeremy Griffin was present on behalf of Griffin Plumbing Company, LLC, and sworn in. Mr. Griffin entered a no contest plea. Mr. Dupuy made a motion to accept the plea, and Mr. Clouatre seconded. The motion passed. Mr. Griffin gave a statement. Mr. Clouatre made a motion to fine Griffin Plumbing Company, LLC $1,000 plus $500 in administrative costs, reduced to administrative costs only if licensed within 90 days. Mr. Lambert seconded, and the motion passed.

6. a) Daigle Lafayette Investments, L.L.C., Belle Chasse, Louisiana – La. R.S. 37:2160(A)(1).

b) Michael Henry Design Consultants, Inc., Lafayette, Louisiana – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offers presented by Daigle Lafayette Investments, L.L.C. and Michael Henry Design Consultants, Inc., which did not have representatives present. Mr. Badeaux made a motion to accept the settlement offers presented by Daigle Lafayette Investments, L.L.C. and Michael Henry Design Consultants, Inc., including the no contest plea from Michael Henry Design Consultants, Inc., and Mr. Lambert seconded. The motion passed.

7. a) Seakay Construction SE Corp., Boyds, Maryland – La. R.S. 37:2158(A)(4).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Seakay Construction SE Corp., which did not have a representative present. Mr. Meredith made a motion to accept the settlement offer, and Mr. Talbot seconded. The motion passed.

b) Rudolph Pridgen d/b/a Pridgen Woodwork, Whiteville, North Carolina – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations. Rudolph Pridgen was present on behalf of Rudolph Pridgen d/b/a Pridgen Woodwork and sworn in. Mr. Pridgen entered a no contest plea. Mr. Meredith made a motion to accept the plea, and Mr. Talbot seconded. The motion passed. Mr. Pridgen gave a statement. Mr. Lambert made a motion to fine Rudolph Pridgen d/b/a Pridgen Woodwork $500 in administrative costs only, and Mr. Clouatre seconded. The motion passed.

8. a) Bradford Building Company, Inc. of Alabama, Birmingham, Alabama – La. R.S. 37:2158(A)(4).

Ms. Hughes gave a summary of the allegations. Attorney Gerald Asay was present and presented a settlement offer on behalf of Bradford Building Company, Inc. of Alabama. Mr. Badeaux made a motion to accept the settlement offer, which included a no contest plea, and Mr. Stuart seconded. The motion passed.

b) Daniel E. Cole d/b/a DC Plumbing, Dry Creek, Louisiana – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Daniel E. Cole d/b/a DC Plumbing, which did not have a representative present. Mr. Gallo made a motion to accept the settlement offer, which included a no contest plea, and recommended Daniel E. Cole d/b/a DC Plumbing acquire a license within 90 days. Mr. Talbot seconded, and the motion passed.

9. a) A.L. Fuller Drywall & Construction, Inc., Minden, Louisiana – La. R.S. 37:2158(A)(4) and 2159(B).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by A.L. Fuller Drywall & Construction, Inc., which did not have a representative present. Mr. Gallo made a motion to accept the settlement offer, and Mr. Clouatre seconded. The motion passed.

b) Professional Plumbing Services of NELA, LLC, West Monroe, Louisiana – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations. William Robert was present on behalf of Professional Plumbing Services of NELA, LLC and sworn in. Mr. Robert entered a no contest plea. Mr. Meredith made a motion to accept the plea, and Mr. Gallo seconded. The motion passed. Mr. Robert made a statement. Mr. Dupuy made a motion to fine Professional Plumbing Services of NELA, LLC $1,000 plus $500 in administrative costs, reduced to administrative costs only if licensed within 90 days. Mr. Gallo seconded, and the motion passed.

10. a) James H. Fontenot Construction, Inc., Lake Charles, Louisiana – La. R.S. 37:2158(A)(4).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by James H. Fontenot Construction, Inc., which did not have a representative present. Mr. Weston made a motion to counter the settlement offer, which included a no contest plea, with a fine of $1,000 plus $500 in administrative costs, and Mr. Gallo seconded. The motion passed.

b) Wings Cooling & Heating, LLC, Sulphur, Louisiana – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Wings Cooling & Heating, LLC, which did not have a representative present. Mr. Weston made a motion to accept the settlement offer, which included a no contest plea, and Mr. Meredith seconded. The motion passed.

11. a) Southern Home Builders, Inc., Shreveport, Louisiana – La. R.S. 37:2158(A)(4).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Southern Home Builders, Inc., which did not have a representative present. Mr. Lambert made a motion to accept the settlement offer, which included a no contest plea, and Mr. Weston seconded. The motion passed.

b) Wade Taylor Plumbing, Inc., Elm Grove, Louisiana – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations. Phyllis Taylor was present on behalf of Wade Taylor Plumbing, Inc. and sworn in. Ms. Taylor entered a no contest plea. Mr. Meredith made a motion to accept the plea, and Mr. Gallo seconded. The motion passed. Ms. Taylor gave a statement. Mr. Gallo made a motion to waive fines and administrative costs, and Mr. Jones seconded. The motion passed.

12. Larry Dauzat d/b/a Larry Dauzat Plumbing, Marksville, Louisiana – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Larry Dauzat d/b/a Larry Dauzat Plumbing, which did not have a representative present. Mr. Gallo made a motion to accept the settlement offer, and Mr. Weston seconded. The motion passed.

OLD BUSINESS

E.  COMPLIANCE HEARING/CONTINUANCE:

1. Structural Commercial Roofing Systems, Inc., Dallas, Texas – La. R.S. 37:2160(A)(1).

Ms. Hughes gave a summary of the allegations. Hector Leija was present on behalf of Structural Commercial Roofing Systems, Inc. and sworn in. Mr. Leija entered a no contest plea. Mr. Meredith made a motion to accept the plea, and Mr. Talbot seconded. The motion passed. Mr. Leija gave a statement and offered a settlement of $500 in administrative costs only. Mr. Weston made a motion to accept the offer, and Mr. Gallo seconded. The motion passed.