Residential Minutes of April, 7, 2010

Page 2

STATE LICENSING BOARD FOR CONTRACTORS

MINUTES TO THE RESIDENTIAL BUILDING COMMITTEE MEETING OF

April 7, 2010

The regular monthly meeting of the Residential Building Committee 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 Residential Building Committee present:

Kenneth Jones, Chairman

Dana Dugas

Karen “Kay” Gibson

Toni Wendel

William “Billy” Ward

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 Darrell White, Retired, Hearing Officer; Trippe Hawthorne, Board Attorney; Kris Fitch and from the staff, Brent Templet; Bobbie Hughes; Monique Parker; - Compliance Investigators - Mark Williamson; Lynwood Allemore; Randel Douget and Carl Bourque; and Dwan Mizell recording the minutes.

Also in attendance were: Andrew Pedelahone; Dorrel Triche, Triche Constructon; Darren Averett, David Knight and Gwenn Marelo, Cable Lock; Nikki and James Lemoine, Gates Unlimited; Bridget Beduze; Felisha & Buddy Estelle, B & S Home lifters; Halfi Rivere and Jairo Maradiaga, Frank Construction; Albert & Kathy Cazelot, CAZ Construction; Garland Foster and Toni Sullivan, T. Douglas Par, D.J.P. Development, Inc.; Nathan Harper, Old School Renovations; Henry Dalrymple, The Dalrymple Co., Ronnie Myers, Trinity Res, LLC; Jeff Long, Premier Construction; Elmo Vincent, E.J.V. Construction; Lawrence Cennett, Jr., Cennett Enterprises; Hilliard Fazande, Attorney, Carl Williams, , Frank & Eunice Ben, Lisa Collins – all representing Frank Ben DBA Catfish Construction; Ron Gipson and Mark Odom, Attorney representing, Ron Gipson Construction, Inc.; Ronald Hall, Melanie Purci, Halls Construction; Linda Evans and Willie Maranto, Capitol Regional Building Association; Jeanne Dodd, Donny Jenkins. Louisiana Home Builders Association, Joe McDonald and Denise Hawkins, Safder Ali Khan; Craig Kaster, Attorney representing State Lumber; Ramona & Robert Coleman, Coleman Construction; Denise Sesma, Corey Rabion, Angel Home Improvement, LLC, Danny Jamison, representing Millenium Const., Carmelita Paredes, Trinity; Malbert Tolliver, M&M Construction, Genesten & Earnest Jeffery, Jr., Homeowners, Samuel Sims, The Look Your’ve Been Looking For; Donnie Jones, Donnie Jones Construction; David Craig, Joe McDonald and Mac Gibson, M & K Gibson Construction, Inc.

aws

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

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A MOTION was made by Mr. Dugas and seconded by Mrs. Wendel to accept the Minutes of the March 3, 2010 regular meeting, as typed. The motion carried unanimously.

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NEW BUSINESS:

◙ Judgment Hearing(s):

Everyman’s Construction, LLC (RL #89051)

Administrative Hearing – Consider an alleged violation by Everyman’s Construction, LLC of the provisions of Louisiana R.S. 37:2150 - 2192, the Contractors’ Licensing Law, and in particular Section 115, Paragraph C, of the Rules and Regulations of the Board and consideration of applicable penalties therein. This hearing is being called for reason that on information and belief you have a default judgment which was rendered by the 19th Judicial District Court, No. 583248, Section 27, Parish of East Baton Rouge, State of Louisiana, on the 13th day of November, 2009, in which Everyman’s Construction, LLC, holder of residential contractor’s license number 89051, was ordered to pay in the full sum of SIXTEEN THOUSAND FIVE HUNDRED THIRTY DOLLARS AND 02/100 ($16,530.02) together with 18 percent interest thereon from December 11, 2008 until paid, attorney’s fees in the sum of 25% and for all costs of the proceedings in favor of State Lumber & Supply Co., Inc.

Ms. Kris Fitch read the allegations against EVERYMAN’S CONSTRUCTION, LLC then asked if a representative of EVERYMAN’S CONSTRUCTION, LLC was present. There was no response.

Mr. Craig Kaster, Attorney representing State Lumber & Supply Company was present. Attorney Kaster came to stand and stated they have been in contact with Mr. Suchanek with Everyman’s Construction that he will be repaying the money at $500.00 a week until the judgment is satisfied.

State Lumber has agreed to that, they ask that this matter be held “opened” while the payments are being made. If for some reason he does not make the full payments at $500.00 a week, Attorney Kaster will notify the Board. Otherwise when the judgment is satisfied, he will again notify the Board and ask that this matter be dropped – if that is ok with the Board.

Judge White asked Attorney Kaster is the Board would receive some type of correspondence when this judgment was satisfied or not.

Attorney Kaster responded he would notify this Board either way.

A MOTION was made by Mrs. Wendel and seconded by Mr. Dugas to accept the payment schedule worked out between EVERYMAN’S CONSTRUCTION, LLC and State Lumber & Supply Company, Inc. The motion carried unanimously.

◙ Continuances - Compliance Hearing(s):

THE DALRYMPLE CORPORATION (Unlicensed)

Continuance – Consider an alleged violation of LA R.S. 37:2158 (A,5) of the Contractors’ Licensing Law by, THE DALRYMPLE CORPORATION, McDonough, Georgia, permitting the contractors license to be used by another when the other contractor does not hold a license for the classification of work for which the contract is entered at, but not limited to, 618-620 North Hennessey Street, New Orleans, Orleans Parish, Louisiana.

Mrs. Bobbie Hughes read the allegations against THE DALRYMPLE CORPORTION then Judge White asked if a representative of THE DALRYMPLE CORPORTION was present. Mr. Henry Dalrymple was present.

Mr. Dalrymple came to the stand, was sworn in and pleaded Not Guilty to the allegations against The Dalrymple Corportion.

Board Attorney, Trippe Hawthorne called Mark Williamson, Compliance Investigator to the stand, he was sworn in. Mr. Hawthorne reviewed Mr. Williamson’s duties as an Investigator in the Compliance Section and the nature of the complaint pertaining to The Dalrymple Corportion. Mr. Williamson stated that he did not have knowledge of The Dalrymple Corportion other than hearsay. Mr. Williamson stated that he questioned the homeowner regarding The Dalrymple Corportion and the homeowner did not have knowledge of The Dalrymple Corportion. Mr. Hawthorne questioned Mr. Williamson as to who was the contractor on the job. Mr. Williamson stated Trinity Restoration, LLC was the contractor. Mr. Hawthorne reviewed the exhibit packets with Mr. Williamson and requested that the exhibit packet be received into the record.

Mr. Dalrymple questioned Mr. Williamson if Mr. Williamson could find that he was involved in this matter at all. Mr. Williamson responded that he could not find any evidence that Mr. Dalrymple was involved.

Judge White received the exhibit packet into the record.

A MOTION was made by Mrs. Wendel and seconded by Mr. Ward to dismiss the allegations against THE DALRYMPLE CORPORTION. The motion carried unanimously.

TRINITY RESTORATION, LLC (Unlicensed)

Continuance – Consider an alleged violation of LA R.S. 37:2167 Paragraph (A) of the Contractors’ Licensing Law by, TRINITY RESTORATION, LLC, Kenner, Louisiana, to construct a residence or perform home improvements at, but not limited to, 618-620 North Hennessey Street, New Orleans, Orleans Parish, Louisiana, in an amount of $326,600.00 without possessing a State Residential Building License.

Mrs. Bobbie Hughes read the allegations against TRINITY RESTORATION, LLC then Judge White asked if a representative of TRINITY RESTORATION, LLC was present. Mr. Ronnie Myers was both present.

Mr. Myers came to the stand, was sworn in and pleaded Not Guilty to the allegations against Trinity Restoration, LLC.

Board Attorney, Trippe Hawthorne questioned Mr. Myers about the ownership of Trinity Restoration, LLC and if there was a contract with the homeowner. Mr. Myers stated yes.

Mr. Hawthorne asked Mr. Myers if Trinity Restoration, LLC was licensed with this Board. Mr. Myers stated no.

Mr. Myers was questioned by Committee Members.

Mr. Hawthorne requested that the exhibit packet be received into the record.

Judge White received the exhibit packet into the record.

A MOTION was made by Mr. Ward and seconded by Mr. Dugas and Mrs. Wendel to find TRINITY RESTORATION, LLC guilty. The motion carried unanimously.

A MOTION was made by Mr. Dugas and seconded by Mr. Ward to assess TRINITY RESTORATION a fine of 3% of $326,000.00 – which equals $9,798.00 plus $500.00 administrative fees associated with the proceedings for a total of $10,298.00 and issue a cease and desist order and revoke any license contractors. The motion carried unanimously.

RON GIPSON CONSTRUCTION, INC (RL #83929)

Continuance – Consider an alleged violation of LA R.S. 37:2158 (A,9) of the Contractors’ Licensing Law by, RON GIPSON CONSTRUCTION, INC., Shreveport, Louisiana, permitting the contractors license to be used by another when the other contractor does not hold a license for the classification of work for which the contract is entered at, but not limited to, 460 College Lane, Shreveport, Caddo Parish, Louisiana.

Mrs. Bobbie Hughes read the allegations against RON GIPSON CONSTRUCTION INC then Judge White asked if a representative of RON GIPSON CONSTRUCTION INC was present. Mr. Mark Odom, Attorney representing Ron Gipson Construction, Inc. and Mr. Ron Gipson were both present.

Attorney Odom and Mr. Gipson came to the stand. Mr. Gipson was sworn in and pleaded No Contest to the fact only against Ron Gipson Construction Inc. then Attorney Odom gave his statement.

Mr. Gipson was questioned by Committee Members.

A MOTION was made by Mr. Ward and seconded by Mr. Dugas to accept the No Contest Plea of RON GIPSON CONSTRUCTION INC. The motion carried unanimously.

A MOTION was made by Mr. Ward and seconded by Mr. Dugas to assess RON GIPSON CONSTRUCTION, INC a fine of $500.00 administrative fees associated with the proceedings only and a one (1) year probation. THIS MOTION WAS WITHDRAWN BY MR. WARD.

A SUBSTITUTE MOTION was made by Mrs. Wendel and seconded by Mrs. Gibson to assess RON GIPSON CONSTRUCTION, INC a fine of $1,000.00 plus $500.00 administrative fees associated with the proceedings for a total of $1,500.00 and issue a cease and desist order. The motion carried unanimously.

MALBERT TOLLIVER DBA M & M CONSTRUCTION (Unlicensed)

Continuance – Consider an alleged violation of LA R.S. 37:2167 Paragraph (A) of the Contractors’ Licensing law by, MALBERT TOLLIVER DBA M & M CONSTRUCTION, Gretna, Louisiana, to construct a residence or perform home improvements at, but not limited to, 611 Flood Street, New Orleans, Orleans Parish, Louisiana, in an amount of $80,000.00 without possessing a State Residential Building License and/or Louisiana R.S. 37:2175.2 (A) in that you have/or are in the process of performing home improvement in excess of $7,500.00 without being registered as a State Home Improvement Contractor.

Mrs. Bobbie Hughes read the allegations against MALBERT TOLLIVER DBA M & M CONSTRUCTION then Judge White asked if a representative of MALBERT TOLLIVER DBA M & M CONSTRUCTION was present. Mr. Malbert Tolliver was present.

Mr. Tolliver came to the stand, was sworn in and pleading Not Guilty to the allegations against Malbert Tolliver DBA M & M Construction.

Board Attorney, Trippe Hawthorne called Carl Bourque, Residential Compliance Supervisor to the stand, he was sworn in. Mr. Hawthorne reviewed Mr. Bourque’s duties as an Investigator in the Compliance Section and the nature of the issue pertaining to Malbert Tolliver DBA M & M Construction. Mr. Hawthorne questioned Mr. Bourque if he found evidence where Malbert Tolliver DBA M & M Construction had contracted to do an $80,000.00 home improvement contract. Mr. Bourque responded yes sir. Mr. Hawthorne asked Mr. Bourque is it his understanding that Mr. Tolliver is not a licensed residential contractor or a registered home improvement. Mr. Bourque stated correct, he could not find where Mr. Tolliver was in our system. Mr. Hawthorne asked Mr. Bourque about the homeowner’s complaint. Mr. Bourque stated yes it entails a lot of stuff not finished in the project. Mr. Hawthorne reviewed the exhibit packet with Mr. Bourque and requested that the exhibit packet be received into the record.

Mr. Tolliver stated he had an objection to the exhibit packet being entered into the record. His objection was when they signed the contract they were under the impression that the homeowner knew what they were doing and when they agreed they went into a regular home improvement on the inside of the house.

Judge White received the exhibit packet into the record.

Mr. Tolliver asked Mr. Bourque about the owner that was complaining about the costs, the homeowner stated there was a lot of stuff unfinished. Mr. Bourque responded correct that is what the homeowner stated in a letter to Mr. Kenazore at your Attorney’s Office.

Mr. Tolliver stated the reason the work was unfinished was because of the payments the homeowner and Mr. Tolliver had agreed upon. The home was a historical home, the homeowner agreed to pay the extra money to do the extra work. When some of the work on the home was done the historical district denied it and the work had to be re-done. Mr. Tolliver wasn’t aware that the home was a historical home, the homeowner told Mr. Molliver about that after he got the permit to do the work.

Board Chairman, Ken Jones stated to Mr. Tolliver the reason he is here is because he didn’t provide the home improvement registration or your license.

Mr. Tolliver stated he has a registration with the Secretary of State’s office where he registered his company.

Mr. Jones asked Mr. Tolliver if he has a license or home improvement registration with this Board. Mr. Tolliver responded no sir.

A MOTION was made by Mrs. Wendel and seconded by Mr. Dugas to find MALBERT TOLLIVER DBA M & M CONSTRUCTION guilty. The motion carried unanimously.

A MOTION was made by Mrs. Wendel and seconded by Mrs. Gibson to assess MALBERT TOLLIVER DBA M & M CONSTRUCTION a fine of 3% of $80,000.00 – which equals $2,400.00 plus $500.00 administrative fees associated with the proceedings for a total of $2,900.00 and issue a cease and desist order. The motion carried unanimously.

FRANK BEN DBA CATFISH CONSTRUCTION (Unlicensed)