STATE LICENSING BOARD FOR CONTRACTORS
Commercial board Meeting MINUTES
July 19, 2012
The regular monthly meeting of the Board was called to order at 9:30 a.m. in the Conference Room of the Board’s offices, Baton Rouge, Louisiana.
Members of the Board present:Byron Talbot, Chairman
Vic Weston, Vice Chairman
Lloyd “Chip” Badeaux
William Clouatre
Nelson A. “Andy” Dupuy, Jr.
August Gallo,Jr.
Kenneth Jones
Donald G. Lambert
Garland Meredith
Christopher Stuart
Mr. Art O. Walker
Mr. Danny Graham,Mr. George L. Crain, Mr. Courtney Fenet, and Mr.Lee Mallett were absent.
Finding a quorum present, the regular order of business began.
Also attending the meeting were: Michael B. McDuff, Executive Director; Judge Darrell White, Retired, Hearing Officer; Stephanie Laborde, Board Attorney; and from the staff, Bobbie Hughes, Kelli Prudhomme, Deborah Irwin, Lori Guthrie, John Dixon, and Sharon Fabre; Compliance Director Brent Templet; Compliance Supervisors, Carl Bourque and Lynwood Allemore; Investigators, Chris Verges, Todd Brady, Frank Vaughn, Charlie Pellegrin, Tommy Mimnaugh, Nathan Rawls and Marianne Sullivan; and Keri Dupont, recording the minutes.
Mr. Garland Meredith 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.
- A Motion was made by Mr. Clouatre and was seconded by Mr. Weston to accept the Minutes of the June 21, 2012regular meeting. The Motion passed.
- Mr. Michael McDuff introduced special guests from the Hazard Grant Mitigation Program, Ms. Stephanie Hebert and Mr. Matt Thomey.
NEW BUSINESS
C.QUALIFYING PARTY HEARING(S):
1.Apex Building Technologies Group, Inc., Abita Springs, Louisiana – La. R.S. 37:2156.1, Sec. 103 Rules and Regulations of the Board.
Ms. Laborde read the allegations against Apex Building Technologies Group, Inc., and asked if a representative was present. No representative was present. Ms. Laborde summarized the information in the file regarding the failure to timely replace the company’s Qualifying Party.
A Motion was made by Mr. Weston which was seconded by Mr. Clouatre to revoke the license of Apex Building Technologies Group, Inc. The Motion passed.
2.Biskamp Electric, Inc., Silsbee, Texas – La. R.S. 37:2156.1, Sec. 103 Rules and Regulations of the Board.
Ms. Laborde read the allegations againstBiskamp Electric, Inc.,and asked if a representative was present. Mr. Gary Combs appeared, was sworn in, and asked for 30 days to replace the qualifying party.
A Motion was made by Mr. Meredith which was seconded by Mr. Weston to allow Biskamp Electric, Inc. 30 days to replacethe qualifying party. The Motion passed.
3.Directional Road Boring, Inc., Metairie, Louisiana – La. R.S. 37:2156.1, Sec. 103 Rules and Regulations of the Board.
Ms. Laborde read the allegations againstDirectional Road Boring, Inc.,and asked if a representative was present. No representative was present. Ms. Laborde presented the Board with a letter in lieu of personal appearance. Ms. Laborde informed the Board that the party asked to terminate his plumbing classification only.
A Motion was made by Mr. Clouatre which was seconded by Mr. Lambert to accept. The Motion passed.
4. Gottson Construction Company, Jennings, Louisiana - La. R.S. 37:2156.1, Sec. 103 Rules and Regulations of the Board.
Ms. Laborde read the allegations againstGottson Construction Company, and asked if a representative was present. No representative was present. Ms. Laborde summarized the information in the file regarding the failure to timely replace the company’s Qualifying Party.
A Motion was made by Mr. Gallo which was seconded by Mr. Clouatre to revoke the license ofGottson Construction Company. The Motion passed.
5.Grand Bluff Construction Company, Inc., Beckville, Texas - La. R.S. 37:2156.1, Sec. 103 Rules and Regulations of the Board.
Ms. Laborde read the allegations against Grand Bluff Construction Company, Inc., and asked if a representative was present. No representative was present. Ms. Laborde summarized the information in the file regarding the failure to timely replace the company’s Qualifying Party.
A Motion was made by Mr. Stuartwhich was seconded by Mr. Clouatre to revoke the license of Grand Bluff Construction Company, Inc. The Motion passed.
6.Johnson Bros. LLC-Gulf Coast, Lafayette, Louisiana – La. R.S. 37:2156.1, Sec. 103 Rules and Regulations of the Board.
Ms. Laborde read the allegations against Johnson Bros. LLC-Gulf Coast,and asked if a representative was present. Mr. Charlie Humphries appeared, was sworn in, and informed the Board that Johnson Bros. LLC-Gulf Coastdid not wish to replace its qualifying party.
A Motion was made by Mr. Clouatre which was seconded by Mr. Meredith to accept. The Motion passed.
7.Triad Fire and Safety Service, LLC, Maurice, Louisiana – La. R.S. 37:2156.1, Sec. 103 Rules and Regulations of the Board.
Ms. Laborde read the allegations againstTriad Fire and Safety Service, LLC, and asked if a representative was present. No representative was present. Ms. Laborde summarized the information in the file regarding the failure to timely replace the company’s Qualifying Party.
A Motion was made by Mr. Clouatre which was seconded by Mr. Stuart to revoke the license of Triad Fire and Safety Service, LLC. The Motion passed.
D.JUDGMENT HEARING(S):
1. a)Allison Renovations, LLC, Avondale, Louisiana –La. R.S. 37:2150-2192, and Sec. 115 (C) Rules and Regulations of the Board.
Ms. Laborde read the allegations against Allison Renovations, LLC and asked if there was a representative present.Mr. Kennedy Allison appeared and was sworn in. Ms. Darlene Williams appeared on behalf of the Judgment Creditor.Ms. Laborde offered the Judgment into evidence, which was admitted into the record by Judge White.
A Motion was made by Mr. Clouatre which was seconded by Mr. Meredith to give Allison Renovations, LLC30 days to resolve the matter. The Motion passed.
b)Allison Renovations, LLC, Avondale, Louisiana – La. R.S. 37:2158 (A)(9).
Ms. Laborde read the allegations against Allison Renovations, LLC and asked if there was a representative present.Mr. Kennedy Allison appeared and was sworn in. Ms. Janet Marks appeared on behalf of the Judgment Creditor.Ms. Laborde offered the Judgment into evidence, which was admitted into the record by Judge White.
A Motion was made by Mr. Clouatre which was seconded by Mr. Meredith to give Allison Renovations, LLC 30 days to resolve the matter. The Motion passed.
2.a)Ernest Robert Blackwell, Metairie, Louisiana – La. R.S. 37:2150–2192 and Sec. 115 (C) Rules and Regulations of the Board.
Mr. Dupuy recused himself.
Ms. Laborde read the allegations against Ernest Robert Blackwell and asked if there was a representative present.Mr. Patrick Redmond, attorney, appeared and made a statement to the Board.Mr. Robert Landry, attorney, appeared on behalf of the Homeowner.Ms. Laborde offered the Judgment into evidence, which was admitted into the record by Judge White.
A Motion was made by Mr. Clouatre which was seconded by Mr. Gallo to give Ernest Robert Blackwell30 days to resolve the outstanding matter or present a TRO and satisfy all fines owed to theBoard,or immediate revocation. The Motion passed.
A Motion was made by Mr. Meredith and was seconded by Mr. Weston to suspend the license of Ernest Robert Blackwelluntil the Board receives notice that the judgment has been paid or the Court has ruled in Mr. Blackwell’s favor. The Motion failed for lack of a second.
Mr. Matt Thomey with the Hazard Grant Mitigation Program appeared, was sworn in and made a statement to the Board.
b)Professional Shoring Elevations, LLC, Metairie, Louisiana –La. R.S. 37:2158 (A)(9).
Mr. Dupuy recused himself.
Ms. Laborde read the allegations against Professional Shoring Elevations, LLC and asked if there was a representative present.Mr. Patrick Redmond, attorney, appeared and made a statement to the Board.Mr. Robert Landry, attorney, appeared on behalf of the Homeowner.Ms. Laborde offered the Judgment into evidence, which was admitted into the record by Judge White.
A Motion was made by Mr. Clouatre which was seconded by Mr. Gallo to giveProfessional Shoring Elevations, LLC 30 days to resolve the outstanding matter or present a TRO and satisfy all fines owed to the Board, or immediate revocation. The Motion passed.
A Motion was made by Mr. Meredith and was seconded by Mr. Weston to suspend the license of Professional Shoring Elevations, LLCuntil the Board receives notice that the judgment has been paid or the Court has ruled in Mr. Blackwell’s favor. The Motion failed for lack of a second.
Mr. Matt Thomey with the Hazard Grant Mitigation Program appeared, was sworn in and made a statement to the Board.
3. Estess Construction Co, Inc., Bossier City, Louisiana –La. R.S. 37:2150-2192 and Sec. 115 (C), Rules and Regulations of the Board.
Matter has been continued.
4.Crescent Sport Systems, L.L.C., Prairieville, Louisiana – La. R.S. 37:2150-2192 and Sec. 115 (C), Rules and Regulations of the Board.
Ms. Laborde read the allegations against Crescent Sport Systems, L.L.C. and asked if there was a representative present. No representative was present. Ms. Laborde informed the Board that correspondence had been received and a continuance was requested. Ms. Teresa Copp, attorney, appeared on behalf of the judgment creditor. Ms. Laborde offered the Judgment into evidence, which was admitted into the record by Judge White.
A Motion was made by Mr. Clouatre which was seconded by Mr. Weston to give Crescent Sport Systems, L.L.C. 30 days to resolve the matter or immediate license revocation. The Motion passed.
5.Darrell’s Electric, Inc., Clinton, Louisiana–La. R.S. 37:2150-2192 and Sec. 115 (C) Rules and Regulations of the Board.
Matter has been continued.
6.Durand Builders, LLC, Ball, Louisiana– La. R.S. 37:2150-2192 and Sec. 115 (C) Rules and Regulations of the Board.
Ms. Laborde read the allegations againstDurand Builders, LLCand asked if there was a representative present. No representative was present. Ms. Teresa Copp, attorney, appeared on behalf of the judgment creditor. Ms. Laborde offered the Judgment into evidence, which was admitted into the record by Judge White.
A Motion was made by Mr. Weston which was seconded by Mr. Clouatre to give Durand Builders, LLC 30 days to resolve the matter or immediate license revocation. The Motion passed.
7.Ser Development, LLC, Baton Rouge, Louisiana – La. R.S. 37:2150-2192 and Sec. 115 (C) Rules and Regulations of the Board.
Ms. Laborde read the allegations against Ser Development, LLC and asked if there was a representative present. No representative was present. Ms. Teresa Copp, attorney, appeared on behalf of the judgment creditor. Ms. Laborde offered the Judgment into evidence, which was admitted into the record by Judge White.
A Motion was made by Mr. Meredith which was seconded by Mr. Jones to give Ser Development, LLC 30 days to resolve the matter or immediate license revocation. The Motion passed.
8. SSS Construction, LLC, Tickfaw, Louisiana – La. R.S. 37:2150-2192 and Sec. 115 (C) Rules and Regulations of the Board.
Ms. Laborde read the allegations against SSS Construction, LLC and asked if there was a representative present. No representative was present. Mr. Scott Frazier, attorney, appeared on behalf of the judgment creditor. Ms. Laborde offered the Judgment into evidence, which was admitted into the record by Judge White.Mr. Todd Brady, investigator, appeared, was sworn in, and made a statement to the Board.
A Motion was made by Mr. Meredith which was seconded by Mr. Clouatre to give SSS Construction, LLC 30 days to resolve the matter or immediate license revocation. The Motion passed.
E. Compliance Hearing(S):
1.G & E Construction LLC, Theriot, Louisiana –La. R.S. 37:2167 (A).
Matter was continued.
2.Layne Heavy Civil, Inc. (formerly Reynolds, Inc.), Orleans, Indiana –La. R.S. 37:2158 (A)(4).
Mr. Weston recused himself.
Ms. Hughes read the allegations against Layne Heavy Civil, Inc.and asked if a representative was present. Ms. Kari Bergeron was present, sworn in, entered a no contest plea, and presented the Board with a settlement offer.
A Motion was made by Mr. Lambert which was seconded by Mr. Dupuy to accept the plea. The Motion passed.
A Motion was made by Mr. Badeaux which was seconded by Mr. Jones to accept the offer. The Motion passed.
Ia)Green Up Lawn Care, LLC, Baton Rouge, Louisiana –La. R.S. 37:2160 (A)(1).
Mr. Weston recused himself.
Ms. Hughes read the allegations against Green Up Lawn Care, LLCand asked if a representative was present. Mr. Jeff Lejeune and Ms. Jodi Lejeune were present, sworn in, and entered a no contest plea.
A Motion was made by Mr. Lambert which was seconded by Mr. Stuart to accept the plea. The Motion passed.
A Motion was made by Mr. Dupuy which was seconded by Mr. Meredith to fineGreen Up Lawn Care, LLC $1000 plus costs. The Motion passed.
b)McCullough Rehab, Hartsville, Tennessee –La. R.S. 37:2160 (A)(1).
Mr. Weston recused himself.
Ms. Hughes read the allegations against McCullough Rehab and asked if a representative was present. Mr. Danny Bartley was present, sworn in, and entered a no contest plea.
A Motion was made by Mr. Lambert which was seconded by Mr. Clouatre to accept the plea. The Motion passed.
A Motion was made by Mr. Dupuy which was seconded by Mr. Meredith to fine McCullough Rehab$500 plus costs. The Motion passed.
c)Central Fence & Gates, Baton Rouge, Louisiana –La. R.S. 37:2160 (A)(1).
Mr. Weston recused himself.
Ms. Hughes read the allegations against Central Fence & Gates and asked if a representative was present. No representative was present. Ms. Hughes presented the Board with a settlement offer.
A Motion was made by Mr. Meredith which was seconded by Mr. Lambert to reject the settlement offer. The Motion passed.
IIa)Central Fence & Gates, Baton Rouge, Louisiana –La. R.S. 37:2160 (A)(1).
Mr. Weston recused himself.
Ms. Hughes read the allegations against Central Fence & Gates and asked if a representative was present. No representative was present. Ms. Hughes presented the Board with a settlement offer.
A Motion was made by Mr. Meredith which was seconded by Mr. Clouatre to reject the settlement offer. The Motion passed.
b)Gulf Coast Sodding, LLC, Baton Rouge, Louisiana –La. R.S. 37:2160 (A)(1).
Mr. Weston recused himself.
Ms. Hughes read the allegations against Gulf Coast Sodding, LLC and asked if a representative was present. Ms. Kelly Carmena, attorney, was present and entered a no contest plea.
A Motion was made by Mr. Lambert which was seconded by Mr. Clouatre to accept the plea. The Motion passed.
A Motion was made by Mr. Meredith which was seconded by Mr. Clouatre to fine Gulf Coast Sodding, LLC $500 plus costs. The Motion passed.
c)ABC Paving, LLC, Erwinville, Louisiana –La. R.S. 37:2160 (A)(1).
Mr. Weston recused himself.
Ms. Hughes read the allegations against ABC Paving, LLC and asked if arepresentative
was present. Mr. Michael Kaufman was present, sworn in, and entered a no contestplea.
A Motion was made by Mr. Lambert which was seconded by Mr. Clouatre to accept the
plea. The Motion passed.
A Motion was made by Mr. Meredith which was seconded by Mr. Clouatre to fine ABC
Paving $500.00 plus costs. The Motion passed.
3.a)U. S. Builders, L.P., Houston, Texas –La. R.S. 37:2158 (A)(4).
Ms. Hughes read the allegations againstU. S. Builders, L.Pand asked if arepresentative was
present. Ms. Teresa Copp, attorney, was present and entered a nocontest plea.
A Motion was made by Mr. Lambert which was seconded by Mr. Clouatre to accept the plea.
The Motion passed.
A Motion was made to dismiss the matter. The Motion passed.
b)Flatline Concrete L.L.C., Denham Springs, Louisiana –La. R.S. 37:2160 (A)(1).
Ms. Hughes read the allegations againstFlatline Concrete L.L.C.,and asked if a
representative was present. Mr. Nick Ebenbeck was present, sworn in, and entered a no
contest plea.
A Motion was made by Mr. Lambert which was seconded by Mr. Weston to accept the plea.
The Motion passed.
A Motion was made by Mr. Meredithwhich was seconded by Mr. Weston to fine Flatline Concrete L.L.C. $2500 plus costs. The Motion passed.
4.a)North American Roofing Services, Inc., Indianapolis, Indiana - La. R.S. 37:2150-2192, Sec. 2158 (A)(4), Sec. 2158 (A)(3), and Sec. 1109 Rules and Regulations of the Board.
Ms. Hughes read the allegationagainstNorth American Roofing Services, Inc., and asked
if a representative was present. Mr. Patrick McGoy, attorney, was present. Ms. Hughes
presented the Board with a settlement offer.
A Motion was made by Mr. Weston which was seconded by Mr. Clouatre to accept the
settlement offer. The Motion passed.
b)A & E Renovation, Paducah, Kentucky - La. R.S. 37:2160 (A)(1).
Ms. Hughes read the allegation againstA & E Renovationand asked if a representative was
present. Mr. Patrick McGoy, attorney, was present. Ms. Hughes presented the Board with a
settlement offer.
A Motion was made by Mr. Weston which was seconded by Mr. Clouatre to reject the
settlement offer. The Motion passed.
A substitute Motion was made by Mr. Meredith which was seconded by Mr. Clouatre to accept the offer. The Motion passed.
5.a)Hubert James Young, Jr. d/b/a American Builders d/b/a Hubert Young, Jr., Lake Charles, Louisiana – La R.S. 37:2150-2192, Sec. 2158 (A)(5), Sec. 2158 (A)(4), Sec. 2158(A)(3) and Sec. 109 Rules and Regulations of the Board.
Ms. Hughes read the allegations againstHubert James Young, Jr. d/b/a American
Builders d/b/a Hubert Young, Jrand asked if a representativewas present. Mr. Hubert
Young, Jr. was present, sworn in, and admitted the allegation of bidding in an improper name
but denied all other allegations.
A Motion was made by Mr. Weston which was seconded by Mr. Clouatre to accept the
admission. The Motion passed.
Ms. Labordecalled Mr. Frank Vaughn, Investigator to the stand where he was sworn in. Ms.
Labordereviewed the exhibit book with Mr. Vaughn and asked that it be admitted into the
record. Judge White accepted it into the record. Mr. Young made a statement to the Board.
A Motion was made by Mr. Meredith which was seconded by Mr. Lambert to find Hubert
James Young, Jr. d/b/a American Builders d/b/aHubert Young, Jr. in violation of the
remaining two violations. The Motion passed.
A Motion was made by Mr. Meredith which was seconded by Mr. Lambert to to fine Hubert
James Young, Jr. d/b/a American Builders d/b/a Hubert Young, Jr. $1000.00 plus costs.
The Motion passed.
b)Thomas B. Shearman d/b/a JATS Real Estate, L.L.C. d/b/a Downtown Properties, Lake Charles, Louisiana –La R.S. 37:2160 (A)(1).
Ms. Hughes read the allegations againstThomas B. Shearman d/b/a JATS Real Estate, L.L.C. d/b/a Downtown Properties and asked if a representative was present. No representative was present. Ms. Hughes presented the Board with a settlement offer.
A Motion was made by Mr. Meredith which was seconded by Mr. Clouatre to reject the settlement offer. The Motion passed.
c)Constructus USA, Inc., Lake Charles, Louisiana – La. R.S. 37:2160 (A)(1).