STATE LICENSING BOARD FOR CONTRACTORS

RESIDENTIAL BUILDING COMMITTEE MEETING MINUTES

January 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

Dana Dugas

Karon “Kay” Gibson

William “Billy” Ward, Jr.

Mr. Lee Mallett 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; Stephanie Laborde, Board Attorney; and from the staff, Emma Payne, Brent Templet, Leann Evans, John Dixon, Kelli Prudhomme, Nathan Rawls and Sharon Fabre; Compliance Investigators, Lynwood Allemore, Carl Bourque, Todd Brady, Marianne Sullivan; and Heather Landry, recording the Minutes.

The Pledge of Allegiance was led by Mr. Badeaux.

Judge Darrell White gave the invocation and asked for a moment of silent prayer.

A Motion was made by Ms. Gibson and seconded by Mr. Dugas to accept the Minutes of the December 5, 2012 Residential Building Committee Meeting. The Motion passed.

Mr. McDuff introduced Ms. Jeannie Dodd with The Louisiana Home Builders Association and Ms. Linda Evans.

NEW BUSINESS

C. INSURANCE HEARING(S):

1. HOME IMPROVEMENT WORKER’S COMPENSATION- Rules and Regulations of the Board Sec. 1503(D).

Integral Property Solutions, LLC

Ms. Laborde read the allegations against Integral Property Solutions, LLC, and asked if a representative was present. No representative was present. Ms. Emma Payne from the staff appeared, was sworn in and informed the committee that the proper proof of service had been obtained and no insurance information had been provided. Mr. Ward made a Motion which was seconded by Mr. Dugas to suspend the license of Integral Property Solutions, LLC and to fine administrative costs. However, if the proper proof of insurance is provided to the Board, staff will have the authority to reinstate the license. The Motion passed.

Larry G. Teekel, Inc.

Ms. Laborde read the allegations against Larry G. Teekel, Inc., and asked if a representative was present. No representative was present. Ms. Emma Payne from the staff appeared, was sworn in and informed the committee that the proper proof of service had been obtained and no insurance information had been provided. Mr. Ward made a Motion which was seconded by Mr. Dugas to suspend the license of Larry G. Teekel, Inc. and to fine administrative costs. However, if the proper proof of insurance is provided to the Board, staff will have the authority to reinstate the license. The Motion passed.

2. a) RESIDENTIAL BUILDING WORKERS’ COMPENSATION – Rules and Regulations of the Board Sec. 1503(D).

Merck Contracting, LLC

Ms. Laborde read the allegations against Merck Contracting, LLC, and asked if a representative was present. No representative was present. Ms. Emma Payne from the staff appeared, was sworn in and informed the committee that the proper proof of service had been obtained and no insurance information had been provided. Ms. Gibson made a Motion which was seconded by Mr. Dugas to suspend the license of Merck Contracting, LLC and to fine administrative costs. However, if the proper proof of insurance is provided to the Board, staff will have the authority to reinstate the license. The Motion passed.

Tap Construction, Inc.

Ms. Laborde read the allegations against Tap Construction, Inc., and asked if a representative was present. No representative was present. Ms. Emma Payne from the staff appeared, was sworn in and informed the committee that the proper proof of service had been obtained and no insurance information had been provided. Ms. Gibson made a Motion which was seconded by Mr. Dugas to suspend the license of Tap Construction, Inc. and to fine administrative costs. However, if the proper proof of insurance is provided to the Board, staff will have the authority to reinstate the license. The Motion passed.

b) RESIDENTIAL BUILDING GENERAL LIABILITY – Rules and Regulations of the Board Sec. 1503(D).

D. COMPLIANCE HEARING(S):

1. a) HERO DESIGN & CONSTRUCTION, L.L.C., DeRidder, Louisiana – La. R.S. 37:2158(A)(5).

Ms. Hughes read the allegations against HERO DESIGN & CONSTRUCTION, L.L.C and asked if a representative was present. Mr. Chad Hebert appeared, was sworn in and entered a no contest plea. A Motion was made by Mr. Ward which was seconded by Ms. Gibson to accept the plea. The Motion passed. A Motion was made by Ms. Gibson which was seconded by Mr. Dugas to fine HERO DESIGN & CONSTRUCTION, L.L.C $1000 plus administrative costs. The Motion passed.

b) DIAMOND CREEK ENTERPRISES, LLC, DeRidder, Louisiana – La. R.S. 37:2167(A).

Ms. Hughes presented the Committee with a settlement offer on behalf of DIAMOND CREEK ENTERPRISES, LLC. A Motion was made by Mr. Ward which was seconded by Ms. Gibson to accept the offer. The Motion passed.

2. JOHN LOUIS DAVIS, SR. Prairieville, Louisiana –La. R.S. 37:2158(A)(9).

Ms. Hughes read the allegations against JOHN LOUIS DAVIS, SR and asked if a representative was present. Mr. John Mclendon, attorney, appeared and denied the allegations. Mr. John Louis Davis appeared and was sworn in. Mr. Mclendon and Mr. Davis made statements to the committee. A Motion was made by Ms. Gibson which was seconded by Mr. Dugas to dismiss the matter. The Motion passed.

3. DAVID JOHNSON AND/OR SPECIALTY CUSTOM HOMES, L.L.C., West Monroe, Louisiana - La. R.S. 37:2167(A).

Ms. Hughes read the allegations against DAVID JOHNSON AND/OR SPECIALTY CUSTOM HOMES, L.L.C and asked if a representative was present. There was no representative present. Ms. Laborde called compliance investigator Carl Bourque to the stand where he was sworn in. Ms. Laborde reviewed the exhibit book with Mr. Bourque and asked that it be admitted into the record. Judge White accepted it into the record. A Motion was made by Mr. Ward which was seconded by Mr. Dugas to find DAVID JOHNSON AND/OR SPECIALTY CUSTOM HOMES, L.L.C in violation. The Motion passed. A Motion was made by Ms. Gibson which was seconded by Mr. Dugas to fine DAVID JOHNSON AND/OR SPECIALTY CUSTOM HOMES, L.L.C the maximum fine, administrative costs, the issuance of a cease and desist order, refer the matter to the Attorney General and to the Quachita Parish District Attorney. The Motion passed.

4. MACKIE ONE CONSTRUCTION, LLC, New Orleans, Louisiana – La. R.S. 37:2167(A).

Ms. Hughes read the allegations against MACKIE ONE CONSTRUCTION, LLC and asked if a representative was present. Mr. Earl Mackie appeared, was sworn in and entered a no contest plea. A Motion was made by Mr. Dugas which was seconded by Ms. Gibson to accept the plea. The Motion passed. A Motion was made by Ms. Gibson which was seconded by Mr. Dugas to fine MACKIE ONE CONSTRUCTION, LLC $500 plus administrative costs. The Motion passed.

5. THOMAS S. STEVENS D/B/A YASMINE CONSTRUCTION, New Orleans, Louisiana – LA R.S. 37:2167(A) and 37:2175.2(A)(1).

Matter has been continued.

6. OTIS JACOBS CONSTRUCTION LLC, Prairieville, Louisiana – La. R.S. 37:2175.1(A) and 37:2175.2(A)(1).

Ms. Hughes read the allegations against OTIS JACOBS CONSTRUCTION LLC and asked if a representative was present. Mr. Otis Jacobs appeared, was sworn in and entered a no contest plea. A Motion was made by Mr. Dugas which was seconded by Mr. Ward to accept the plea. The Motion passed. A Motion was made by Mr. Ward which was seconded by Mr. Dugas to fine OTIS JACOBS CONSTRUCTION LLC administrative costs only. The Motion passed.

7. THE SWIM CONNECTION LLC, Denham Springs, Louisiana – La. R.S. 37:2175.2(A)(1).

Ms. Hughes read the allegations against THE SWIM CONNECTION LLC and asked if a representative was present. Mr. Jeff Anders appeared, was sworn in and entered a no contest plea. A Motion was made by Mr. Dugas which was seconded by Mr. Ward to accept the plea. The Motion passed. Mr. Anders made a statement to the committee. Mr. Carl Bourque, Investigator, was called to the stand and sworn in. Mr. Bourque made a statement to the committee. A Motion was made by Mr. Ward which was seconded by Ms. Gibson to fine THE SWIM CONNECTION LLC $5000.00, administrative costs and the issuance of a cease and desist order. The Motion passed.

8. T/K CONSULTANTS, INC., Marrero, Louisiana – La. R.S. 37:2175.2(A)(1).

Ms. Hughes read the allegations against T/K CONSULTANTS, INC and asked if a representative was present. No representative was present. Ms. Laborde called compliance investigator Marianne Sullivan to the stand where she was sworn in. Ms. Laborde reviewed the exhibit book with Ms. Sullivan and asked that it be admitted into the record. Judge White accepted it into the record. A Motion was made by Mr. Dugas which was seconded by Ms. Gibson to find T/K CONSULTANTS, INC. in violation. The Motion passed. A Motion was made by Mr. Dugas which was seconded by Ms. Gibson to fine T/K CONSULTANTS, INC. the maximum fine, administrative costs, the issuance of a cease and desist order, and to refer the matter to the Attorney General’s office. The Motion passed.

OLD BUSINESS

E. COMPLIANCE HEARING/CONTINUANCE(S):

1. ELIJAH MEALANCON D/B/A ELIJAH CHRISTIAN MINISTRIES, Marrero, Louisiana - La. R.S. 37:2167(A), La. R.S. 37:2175.2(A)(1).

Ms. Hughes read the allegations against ELIJAH MEALANCON D/B/A ELIJAH CHRISTIAN MINISTRIES and asked if a representative was present. No representative was present. Ms. Laborde Judge White asked that Mr. Haymer’s office be called. A Motion was made by Mr. Ward which was seconded by Mr. Dugas to continue the matter against ELIJAH MEALANCON D/B/A ELIJAH CHRISTIAN MINISTRIES until the criminal matter is settled. The Motion passed.

F. COMPLIANCE REHEARING(S)/REQUEST FOR REHEARING(S):

1. TIM KINYOMI, Port Allen, Louisiana – La. R.S. 37:2158(A)(4), La. 37:2158(A)(3) Rules and Regulations 109.

Ms. Hughes read the allegations against TIM KINYOMI and asked if a representative was present. Mr. Pius Obioha, attorney, and requested that the committee reconsider the fine previously accessed. Ms. Debra Jordan, homeowner, appeared and made a statement to the committee. A Motion was made by Mr. Dugas which was seconded by Mr. Ward to reconsider the previously assessed fine. The Motion passed. A Motion was made by Mr. Ward which was seconded by Mr. Dugas to fine TIM KINYOMI $1500.00, administrative costs and the issuance of a cease and desist order. The Motion passed.

2. DAVID BLACHER D/B/A B & D GENERAL MAINTENANCE, Baton Rouge, Louisiana – La. R.S. 37:2175.2(A)(1).

Ms. Hughes read the allegations against DAVID BLACHER D/B/A B & D GENERAL MAINTENANCE and asked if a representative was present. There was no representative present. A Motion was made by Mr. Ward which was seconded by Ms. Gibson to deny the Request for Rehearing. The Motion passed.

3. RICKY D. ALLEN, Winnsboro, Louisiana – La. R.S. 37:2167(A).

Ms. Hughes read the allegations against RICKY D. ALLEN and asked if a representative was present. Mr. Ricky Allen appeared, was sworn in and entered a no contest plea. A Motion was made by Ms. Gibson which was seconded by Mr. Ward to grant the rehearing. The Motion passed. A Motion was made by Ms. Gibson which was seconded by Mr. Dugas to fine RICKY D. ALLEN $2000.00, administrative costs and the issuance of a cease and desist order. However if a license is obtained within 90 days the fine will be reduced to $500.00 and administrative costs. After a discussion Ms. Gibson withdrew her Motion. The Motion passed. A Motion was made by Mr. Ward which was seconded by Mr. Dugas to fine RICKY D. ALLEN $11,000.00, administrative costs and the issuance of a cease and desist order. However if a license is obtained within 90 days the fine will be reduced to $500.00 and administrative costs. The Motion passed.

G. CONSIDERATION OF LICENSURE EXEMPTIONS

NEW APPLICATION EXEMPTIONS (Pending All Requirements Being Met)

1. BM GRACE, INC., 8680 Bluebonnet Blvd., Ste A, Baton Rouge, LA 70810

A Motion was made by Ms. Gibson which was seconded by Mr. Ward to grant the exemption. The Motion passed.

2. ROBERTS, LEE M., 5746 Hemlock Street, Lake Charles, LA 70605

A Motion was made by Ms. Gibson which was seconded by Mr. Ward to grant the exemption. The Motion passed.

H. Consideration of new applications for Residential Building Construction License to be approved pending as listed and attached to the agenda. (Pages 5 & 6)

A Motion was made by Ms. Gibson which was seconded by Mr. Dugas to approve the new applications for Residential Building Construction. The Motion passed.

I. Consideration of new applications for Home Improvement Registration as listed and attached to the agenda. (Pages 7 & 8)

A Motion was made by Ms. Gibson which was seconded by Mr. Ward to take Texas Restoration off of the agenda pending settlement offer. The Motion passed.

A Motion was made by Ms. Gibson which was seconded by Mr. Dugas to approve the new applications for Home Improvement Registration. The Motion passed.

ADJOURNMENT

A Motion was made by Mr. Dugas which was seconded by Ms. Gibson to adjourn at 11:39. The Motion

passed.

______

Chairman

______

Secretary/Treasurer

Residential Committee Meeting

January 9, 2013