STATE LICENSING BOARD FOR CONTRACTORS

RESIDENTIAL BUILDING COMMITTEE MEETING MINUTES

July 9, 2013

The regular monthly meeting of the Residential Building Committee was called to order by the 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, Chairman

Lee Mallett, Vice Chairman

Nick Castjohn

Karon “Kay” Gibson

William “Billy” Ward, Jr.

Wesley L. “Wes” Wyman, Jr.

Jodi C. Penn was absent. There being a quorum present, 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; Jennifer Sims, Board Attorney; and from the staff, Bobbie Hughes, Emma Payne, Elaine Riggins, Monica Webster, John Dixon, Kellie Prudhomme, Nathan Rawls and Sharon Fabre; Compliance Director Marianne Sullivan; Compliance Investigators, Carl Bourque, Brent Templet, Todd Brady, Leann Evans, William Collins, and Frank Vaughan; and Kara Kearney, recording the minutes.

Mr. Castjohn led the Pledge of Allegiance.

Judge Darrell White gave the invocation.

Ms. Gibson made a motion to accept the Minutes of the June 6, 2013 Residential Building Committee Meeting, and Mr. Castjohn seconded. The motion passed.

Mr. McDuff introduced board attorney Jennifer Sims with Breazeale, Sachse and Wilson. Mr. McDuff also introduced Cyrus Frazier with the Louisiana Attorney General’s Office.

NEW BUSINESS

C. INSURANCE HEARING(S):

Residential Building & Home Improvement; General Liability & Workers’ Compensation – Rules and Regulations of the Board Sec. 1503(D).

Alliance Contractors, LLC; D’Cruz Builders, LLC; Lakeview Construction & Development, LLC; McDonald’s Construction Company, LLC; and Peake Construction, LLC were removed from the agenda.

Ms. Hughes gave a summary of the allegations. No one was present for A.J. Plastering & Painting LLC; Crown Roofing Services, Inc.; Fair Oaks Development, Inc.; HOSCO, Inc.; Perle Construction Group; and Ramos Brothers Construction LLC. Applications staff members Elaine Riggins and Monica Webster were called to the stand and sworn in. Ms. Sims questioned Ms. Riggins and Ms. Webster.

Mr. Ward made a motion to find the listed companies to be in violation, and Mr. Castjohn seconded. The motion passed. Mr. Ward made a motion to fine each A.J. Plastering & Painting LLC; Crown Roofing Services, Inc.; Fair Oaks Development, Inc.; HOSCO, Inc.; Perle Construction Group; and Ramos Brothers Construction LLC $500 plus administrative costs, issue a cease and desist order, suspend the license and reinstate if the proper documentation is turned in. Mr. Castjohn seconded, and the motion passed.

D. COMPLIANCE HEARING(S):

1. B.E. Construction, LLC, Avondale, Louisiana - La. R.S. 37:2158 (A)(3) and Rules and Regulations Section 101.

Ms. Hughes gave a summary of the allegations. Samuel Brown and Charlie English were present and sworn in. Mr. Brown gave a plea of admission and made a statement to the Board. Investigator Carl Bourque was called to the stand and sworn in to give a statement. Mr. Ward made a motion to take no action if B.E. Construction, LLC turns in the requested documents within 30 days, and Mr. Castjohn seconded. The motion passed.

2. Marcus David Bonvillain, Jr., New Iberia, Louisiana - La. R.S. 37:2158 (A)(9).

Ms. Hughes gave a summary of the allegations. No one was present. Mr. Bourque was called to the stand for questioning and a review of the exhibits. The exhibit packet was filed and admitted into evidence. Mr. Wyman made a motion to find Marcus David Bonvillain, Jr. to be in violation, and Mr. Castjohn seconded. The motion passed. Mr. Wyman made a motion to fine Marcus David Bonvillain, Jr. the maximum fine plus administrative costs, issue a cease and desist order, revoke the license, forward to the Attorney General’s Office and the Louisiana Workforce Commission, and bring him before the Residential Building Committee. Mr. Ward seconded, and the motion passed.

3. Innovative Design Build Group, LLC, Baker, Louisiana - La. R.S. 37:2167 (A) / 2175.2(A)(1).

Ms. Hughes gave a summary of the allegations. No one was present. Mr. Bourque was called to the stand for review of the exhibits. The exhibits were filed and admitted into evidence. Mr. Wyman made a motion to find Innovative Design Build Group, LLC to be in violation, and Mr. Castjohn seconded. The motion passed. Mr. Wyman made a motion to fine Innovative Design Build Group, LLC the maximum fine plus administrative costs, issue a cease and desist order, and forward the case to the Attorney General’s Office and the Louisiana Workforce Commission, and Mr. Castjohn seconded. The motion passed.

4. Fairway Contractors, LLC d/b/a Acadiana Kitchen and Bath, Lafayette, Louisiana - La. R.S. 37:2175.2 (E)(3), La. R.S. 37:2158 (A)(3) and Rules and Regulations of the Board Section 109.

Ms. Hughes gave a summary of the allegations. Robley Taylor, owner, was present and sworn in. Mr. Taylor gave a no contest plea on both charges. Mr. Castjohn made a motion to accept the plea, and Mr. Wyman seconded. The motion passed. Mr. Taylor gave a statement. Investigator Leann Evans was called to the stand and sworn in for questioning.

Mr. Wyman made a motion to give Fairway Contractors, LLC d/b/a Acadiana Kitchen and Bath 60 days to resolve the issue regarding the first charge, and Mr. Ward seconded. The motion passed.

Mr. Ward made a motion to fine Fairway Contractors, LLC d/b/a Acadiana Kitchen and Bath administrative costs only regarding the second charge, and Ms. Gibson seconded. The motion passed.

5. a) Good-Buys Supply Co. LLC, Many, Louisiana - La. R.S. 37:2175.2 (E)(3)

b) Kays Enterprises, Inc., Zwolle, Louisiana - La. R.S. 37:2175.2 (A)(1) and La. R.S. 37:2175.3 (A)(10).

Ms. Hughes gave a summary of the allegations. Mike Tarver, owner of Good-Buys Supply Co. LLC, was sworn in and entered a denial plea. No one was present for Kays Enterprises, Inc. Investigator William Collins was called to the stand and sworn in to review the exhibit packet. The exhibits were filed and admitted into evidence. Ms. Hughes was called to the stand and sworn in. Ms. Sims introduced additional evidence. Mr. Wyman made a motion to continue this matter, and Mr. Castjohn seconded. The motion passed.

6. Clifton Long d/b/a EMTC Construction, Ringgold, Louisiana - La. R.S. 37:2175.2 (A)(1).

Ms. Hughes gave a summary of the allegations. No one was present. Investigator William Collins was called to the stand and sworn in to review exhibits. The exhibit packet was filed and admitted into evidence. Mr. Castjohn made a motion to find Clifton Long d/b/a EMTC Construction to be in violation, and Mr. Wyman seconded. The motion passed. Mr. Castjohn made a motion to issue the maximum fine plus administrative costs and a cease and desist order, and Mr. Wyman seconded. The motion passed.

7. Ezekiel Hurd d/b/a Hurd Eagle, Inc., Duncanville, Texas - La. R.S. 37:2175.2 (A)(1).

This matter was continued.

8. CDS Flood Team, LLC, Loveland, Ohio - La. R.S. 37:2175.2 (A)(1).

Ms. Hughes gave a summary of the allegations. Attorney Sean Sullivan was present on behalf of CDS Flood Team, LLC, and entered a denial plea. Investigator Leann Evans was called to the stand and sworn in to review exhibits. The exhibit packet was filed and admitted into evidence. Mr. Ward made a motion to find CDS Flood Team, LLC to be in violation, and Mr. Wyman seconded. The motion passed. Mr. Wyman made a motion to fine CDS Flood Team, LLC $2,500 plus administrative costs, reduced to $1,000 plus administrative costs if licensed or registered within 60 days, and Ms. Gibson seconded. The motion passed.

9. Interface Construction Services, LLC, New Orleans, Louisiana - La. R.S. 37:2175.2 (A)(1).

Ms. Hughes gave a summary of the allegations. No one was present. Ms. Sims called Ms. Evans to the stand to review the exhibits. The exhibits were filed and admitted into evidence. Mr. Castjohn made a motion to find Interface Construction Services, LLC to be in violation, and Mr. Wyman seconded. The motion passed. Mr. Castjohn made a motion to fine Interface Construction Services, LLC the maximum fine plus administrative costs and issue a cease and desist order, and Mr. Wyman seconded. The motion passed.

10. Antonio Souza d/b/a Tony Pavers Remodeling, Chalmette, Louisiana - La. R.S. 37:2175.2 (A)(1).

Ms. Hughes gave a summary of the allegations. No one was present. Ms. Sims called Ms. Evans to the stand to review the exhibits. The exhibits were filed and admitted into evidence. Mr. Wyman made a motion to find Antonio Souza d/b/a Tony Pavers Remodeling to be in violation, and Mr. Castjohn seconded. The motion passed. Mr. Wyman made a motion to fine Antonio Souza d/b/a Tony Pavers Remodeling the maximum fine plus administrative costs, issue a cease and desist order, and forward to the Attorney General’s Office and Louisiana Workforce Commission, and Mr. Castjohn seconded. The motion passed.

11. DDS Construction, LLC, LaPlace, Louisiana - La. R.S. 37:2175.2 (A)(1).

Ms. Hughes gave a summary of the allegations. No one was present. Ms. Sims called Ms. Evans to the stand to review the exhibits. The exhibits were filed and admitted into evidence. Mr. Castjohn made a motion to find DDS Construction, LLC to be in violation, and Mr. Wyman seconded. The motion passed. Mr. Castjohn made a motion to fine DDS Construction, LLC the maximum fine plus administrative costs and issue a cease and desist order, and Mr. Wyman seconded. The motion passed.

12. Global Disaster Recovery USA, Inc., North Point, Florida - La. R.S. 37:2175.2 (A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Global Disaster Recovery USA, Inc. No one was present. Ms. Gibson made a motion to accept the settlement offer, and Mr. Castjohn seconded. The motion passed.

13. Ondray Richardson d/b/a Richardson General Contractor and Maintenance and/or Richardson General Construction and Maintenance and/or Richardson General, Baton Rouge, Louisiana - La. R.S. 37:2175.2 (A)(1).

Ms. Hughes gave a summary of the allegations. No one was present. Ms. Sims called Ms. Evans to the stand to review the exhibits. The exhibit packet was filed and admitted into evidence. Mr. Castjohn made a motion to find Ondray Richardson d/b/a Richardson General Contractor and Maintenance and/or Richardson General Construction and Maintenance and/or Richardson General to be in violation, and Mr. Wyman seconded. Mr. Castjohn made a motion to fine the maximum fine plus administrative costs and issue a cease and desist order, and Ms. Gibson seconded. The motion passed.

14. Josh Bodoin d/b/a A & S Steel Buildings, Duson, Louisiana - La. R.S. 37:2175.2 (A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Josh Bodoin d/b/a A & S Steel Buildings. No one was present. Ms. Gibson made a motion to find Josh Bodoin d/b/a A & S Steel Buildings to be in violation, and Mr. Wyman seconded. The motion passed. Mr. Wyman made a motion to accept the settlement offer and recommended that Mr. Bodoin get licensed or discontinue this type of work, and Mr. Castjohn seconded. The motion passed.

15. Yellow Rock Investments, LLC d/b/a Royal Windows and Siding, Inc., Royal, Arkansas - La. R.S. 37:2158 (A)(3) and Rules and Regulations of the Board Sec. 109.

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Yellow Rock Investments, LLC d/b/a Royal Windows and Siding, Inc., who did not have a representative present. Mr. Castjohn made a motion to accept the settlement offer, and Mr. Wyman seconded. The motion passed.

16. a) VT Contracting LLC, Lake Charles, Louisiana - La. R.S. 37:2158 (A)(5).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by VT Contracting LLC, who did not have a representative present. Mr. Castjohn made a motion to accept the settlement offer, and Mr. Wyman seconded. The motion passed.

b) Ryan Terrell Development, LLC, Lake Charles, Louisiana - La. R.S. 37:2167 (A).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by Ryan Terrell Development, LLC, who did not have a representative present. Mr. Castjohn made a motion to accept the settlement offer, and Mr. Wyman seconded. The motion passed.

OLD BUSINESS

E. COMPLIANCE HEARING/CONTINUANCE(S):

1.  LCB Industries, Inc. d/b/a Servpro of Tyler, Texas, Tyler, Texas - La. R.S. 37:2175.2 (A)(1).

Ms. Hughes gave a summary of the allegations and read the settlement offer presented by LCB Industries, Inc. d/b/a Servpro of Tyler, Texas. Mr. Castjohn made a motion to accept the settlement offer, and Ms. Gibson seconded. The motion passed.

F. CONSIDERATION OF LICENSURE EXEMPTIONS:

JAMES PETER ROBINSON, 1380 Cottage Drive, Myrtle Beach, SC 29577

Wedge Custom Homes, LLC, 157 Indian Springs, Poplarville, MS 39470

Ms. Gibson made a motion to accept the exemptions as listed, and Mr. Castjohn seconded. The motion passed.

G. Consideration of new applications for residential building construction license to be approved pending as listed and attached to the agenda. (Pages 5-6)

Ms. Gibson made a motion to accept the new applications as listed, and Mr. Castjohn seconded. The motion passed.