STATE LICENSING BOARD FOR CONTRACTORS

RESIDENTIAL BUILDING CONTRACTORS SUBCOMMITTEE MINUTES

March 16, 2016

The regular meeting of the Residential Building Contractors Subcommittee was called to order by the Chairman, Kenneth W. Jones, on Wednesday, March 16, 2016 at 3:00 p.m. at 777 Ave L'Auberge, Lake Charles, Louisiana.

Members of the Subcommittee present: Kenneth “Ken” W. Jones, Chairman

Lloyd “Chip” Badeaux Lee Mallett

Nick Castjohn

Karon “Kay” Gibson

Billy Ward

Wesley L. “Wes” Wyman, Jr.

Member Jodi 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, Nathan Rawls, Bobbie Hughes, Emma Payne, Elaine Riggins, John Dixon,; compliance investigators, Frank Vaughn, Jessie Wells, Tommy Mimnaugh, Bobby Abraham, and Carl Bourque; and Tarah Revette recording the minutes.

Ms. Gibson led the Pledge of Allegiance.

Judge Darrell White gave the invocation.

Mr. Castjohn made a motion to accept the Minutes of the February 17, 2016, Residential Building Committee Meeting, and Mr. Wyman seconded. The motion passed.

Mr. McDuff introduced guests Chad Deshotel and Liz Trahan with the Home Builders Association of Southwest Louisiana; Marvin Simmons with City of DeRidder Permit Office; Ronnie Reich with Beauregard Parish Permit Office; Robin Morales and Kara Bonsall with the Cameron Parish Permit Office; Sandra Turley with the Town of Iowa; Kaneesha Bellow with the Town of Welsh; Ed Guillory with Home Depot; and Alberto Depuy with the Louisiana Attorney General’s office.

NEW BUSINESS

C. INSURANCE HEARINGS:

Residential Building, Home Improvement, and Mold Remediation; General Liability & Workers’ Compensation – La. R.S. 2150–2192, 2186(B)(6), 2189(A)(7) and Rules and Regulations Sec. 1503(D)

Emma Payne was called to the stand and sworn in to give testimony regarding the documentation of general liability and workers’ compensation and confirmed service for those entities listed on the agenda.

AJ's Home Modifications & Repairs LLC; Contract Services, L.L.C.; Host Construction, L.L.C.; and Pools Unlimited, Inc. were removed from the agenda.

Anthony Guillory was present on behalf of A. GUILLORY & SONS HOUSE MOVING, INCORPORATED and was sworn in. Mr. Guillory gave a statement and affirmed that there was a lapse in insurance coverage. Mr. Castjohn made a motion to suspend the license back to the date of last insurance coverage, to issue a cease and desist order, and to allow the company’s license/registration to be reissued upon proof of insurance coverage. Mr. Ward seconded, and the motion passed unanimously.

Travis Harris was present on behalf of Harris Construction of Louisiana, L.L.C. and was sworn in. Mr. Harris gave a statement and affirmed that there was a lapse in insurance coverage. Mr. Castjohn made a motion to suspend the license back to the date of last insurance coverage, to issue a cease and desist order, assess $250 in administrative costs, and to allow the company’s license/registration to be reissued upon proof of insurance coverage. Mr. Wyman seconded, and the motion passed unanimously.

Robert Llopis was present on behalf of LL 5 Enterprise, L.L.C. and was sworn in. Mr. Llopis gave a statement and affirmed that there was a lapse in insurance coverage. Mr. Castjohn made a motion to suspend the license back to the date of last insurance coverage, to issue a cease and desist order, assess $250 in administrative costs, and to allow the company’s license/registration to be reissued upon proof of insurance coverage. Mr. Wyman seconded, and the motion passed unanimously.

No one was present on behalf of ALTERNATIVE ENERGY SOURCES LLC (mold remediation); ALTERNATIVE ENERGY SOURCES LLC(residential); BURYCHKA ENTERPRISES, INC.; CHESTER ROY HOLLINS; CONSTRUCTION & MANAGEMENT SOLUTIONS, LLC; FCC GROUP, L.L.C.; JAS HOMES, L.L.C.; JOHN E. GUILLORY; K & D PROPERTIES, LLC; LABORDE BUILDING SERVICES, INC.; LOUISIANA MAINTENANCE SPECIALTIES INC.; REDIRON CONSTRUCTION, LLC; RICKY D. HOWE; SAM STAUB ENTERPRISES, INC.; and STORM GUARD SHUTTERS & PATIOS, INC. Mr. Castjohn made a motion to suspend the license or registration of the aforementioned companies and individuals back to the date of last insurance coverage allowing staff to reinstate the license or registration if proof of no lapse is provided, to issue a cease and desist order, to assess a fine of $500 plus $500 in administrative costs, and to allow the company’s license/registration to be reissued upon proof of insurance coverage. Mr. Wyman seconded, and the motion passed.

D. COMPLIANCE HEARINGS:

1.  Robert H. Dodd, Sr. d/b/a Dodd Coating, Consultant & Inspection Service, Inc. and/or Dodd Enterprise, LLC, Baytown, Texas – La. R.S. 37:2167 (A)

Mr. Rawls gave a summary of the allegations. Robert Dodd was present on behalf of ROBERT H. DODD, SR. D/B/A DODD COATING, CONSULTANT & INSPECTION SERVICE, INC. AND/OR DODD ENTERPRISE, LLC and was sworn in. Mr. Dodd entered a no contest plea. Mr. Castjohn made a motion to accept the no contest plea. Mr. Wyman seconded. The motion passed. Mr. Dodd gave a statement. Mr. Castjohn made a motion to assess a fine of $5000 plus $1000 in administrative costs, to issue a cease and desist, and to allow the fine to be reduced to $2500 plus $1000 in administrative costs if the company obtains a license within 120 days. Mr. Castjohn also stated that the qualifying party must take the Business and Law and the Residential trade exam within 120 days. Mr. Ward seconded. The motion passed.

2.  Seventh District Pavilion, Inc., Crowley, Louisiana – La. R.S. 37:2167 (A)

Mr. Rawls gave a summary of the allegations. Dazetta Thorne was present on behalf of SEVENTH DISTRICT PAVILION, INC. and was sworn in. Ms. Thorne admitted to the violation. Mr. Castjohn made a motion to accept the guilty plea. Mr. Wyman seconded. The motion passed. Investigator Frank Vaughn was called to the stand and was sworn in. Ms. Thorne gave a statement. Mr. Castjohn made a motion to assess a fine of $5000 plus $1000 in administrative costs, to issue a cease and desist, to waive the previous insurance fine assessed at the Residential Building Subcommittee Meeting August 01, 2012, and to allow the fine to be reduced to $2500 plus $1000 in administrative costs if the company obtains a license within 120 days. Mr. Ward seconded. The motion passed.

3.  Bridges Builders Construction Group, LLC d/b/a Bridges Construction & Shoring, New Orleans, Louisiana – La. R.S. 37:2167 (A)

Mr. Rawls gave a summary of the allegations. Earin Bridges was present on behalf of BRIDGES BUILDERS CONSTRUCTION GROUP, LLC D/B/A BRIDGES CONSTRUCTION & SHORING and was sworn in. Mr. Bridges entered a no contest plea. Mr. Castjohn made a motion to accept the no contest plea. Ms. Gibson seconded. The motion passed. Mr. Bridges gave a statement. Mr. Wyman made a motion to assess a fine of $3000 plus $1000 in administrative costs, to issue a cease and desist order until licensed, and place the company on probation for one year to commence upon licensure. Mr. Wyman also stated that the fine will be reduced to $1000 plus $1000 in administrative costs if the Business and Law exam is passed within 90 days. Mr. Castjohn seconded. The motion passed with one objection.

4.  Rowdy Owens, Sr. d/b/a Hebert’s Home Improvement, New Iberia, Louisiana –La. R.S. 37: 2175.2 (A)(1) and 2175.3(A)(5)

Mr. Rawls gave a summary of the allegations. Rowdy and Sheri Owens were present on behalf of ROWDY OWENS, SR. D/B/A HEBERT’S HOME IMPROVEMENT and they were sworn in. Attorney J. Scott Decuir was also present to represent Rowdy and Sheri Owens. Mr. Decuir entered a no contest plea. Mr. Castjohn made a motion to accept the no contest plea. Mr. Ward seconded. The motion passed. Mr. Decuir gave a statement and entered document into evidence. Mr. Castjohn made a motion to assess $1000 in administrative costs and to issue a cease and desist order. Mr. Ward seconded. The motion passed.

5.  Rowdy Owens, Jr., New Iberia, Louisiana – La. R.S. 37:2175.2 (A)(1)

This matter was removed from the agenda.

6. Brandon Lewis d/b/a Lewis Construction and Remodeling, Monroe, Louisiana – La. R.S. 37:2175.2 A)(1)

Mr. Rawls gave a summary of the allegations. No one was present on behalf of BRANDON LEWIS D/B/A LEWIS CONSTRUCTION AND REMODELING. Investigator Jessie Wells was called to the stand and was sworn in. Mr. Wells reviewed the exhibit packet. Ms. Sims entered the exhibit packet into evidence and it was admitted. Mr. Castjohn made a motion to find BRANDON LEWIS D/B/A LEWIS CONSTRUCTION AND REMODELING to be in violation, to assess the maximum fine plus $1000 in administrative costs, and to issue a cease and desist order. Mr. Wyman seconded. The motion passed.

7. Danny L. Taylor, Sulphur, Louisiana – La. R.S. 37:2175.2 (A)(1)

This matter was continued.

8. Mona Alderete d/b/a Double A Pools, Bossier City, Louisiana – La. R.S. 37:2175.2 (A)(1)

Mr. Rawls gave a summary of the allegations and read the settlement offer presented by MONA ALDERETE D/B/A DOUBLE A POOLS. Mr. Castjohn made a motion to reject the settlement offer as presented, accept the no contest plea, and to counter the settlement offer with a $500 fine plus $1000 in administrative costs. Ms. Gibson seconded. The motion passed.

9. Patriot Roofing, LLC, Shreveport, Louisiana – La. R.S. 37:2175.2 (A)(1)

Mr. Rawls gave a summary of the allegations and read the settlement offer presented by PATRIOT ROOFING, LLC. Mr. Castjohn made a motion to accept the settlement offer as presented, which included a no contest plea. Mr. Ward seconded. The motion passed.

10. Strahan Roofing, LLC, West Monroe, Louisiana – La. R.S. 37:2175.2 (A)(1)

Mr. Rawls gave a summary of the allegations. Shane Strahan was present on behalf of STRAHAN ROOFING, LLC and was sworn in. Mr. Strahan admitted to the violation. Mr. Castjohn made a motion to accept the guilty plea. Mr. Wyman seconded. The motion passed. Mr. Strahan gave a statement. Mr. Castjohn made a motion assess $1000 in administrative costs and to issue a cease and desist order. Mr. Wyman seconded. The motion passed.

11. TKO Homes and Remodeling, LLC, Shreveport, Louisiana – La. R.S. 37:2175.2 (A)(1)

Mr. Rawls stated that this item could be moved and placed under the Statutory Citations. Mr. Castjohn made a motion to amend the agenda and place this matter under Statutory Citations. Mr. Wyman seconded. The motion passed unanimously.

STATUTORY CITATIONS:

Mr. Rawls presented the statutory citation. Mr. Wyman made a motion to accept the statutory citation as presented. Mr. Castjohn seconded. The motion passed.

OLD BUSINESS

E. COMPLIANCE HEARING(S)/CONTINUANCES:

1. Green Leaf Custom Homes, LLC, Baton Rouge, Louisiana – La. R.S. 37:2158 (A)(9); 2158 (A)(3) and Rules and Regulations Section 113(A)

This matter was removed from the agenda.

F. CONSIDERATION OF LICENSURE EXEMPTIONS:

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

G. Consideration of additional classifications for residential licenses as listed and attached to the agenda. (Page 5)

Ms. Gibson made a motion to approve the additional classifications for residential licenses as listed on the agenda. Mr. Castjohn seconded. The motion passed.

H. Consideration of new applications for residential building construction license to be approved pending as listed on the agenda. (Pages 6-8)

Ms. Gibson made a motion to approve the new residential building license applications as listed on the agenda. Mr. Castjohn seconded. The motion passed.

I. Consideration of new applications for home improvement registration as listed on the agenda. (Pages 9-11)

Ms. Gibson made a motion to approve the new home improvement registration applications as listed on the agenda, and Mr. Castjohn seconded. The motion passed.

ADJOURNMENT

Mr. Castjohn made a motion to adjourn at 4:22 p.m., and Mr. Ward seconded. The motion passed.

______

Kenneth W. Jones, Chairman

______

Lloyd “Chip” Badeaux, Vice Chairman

Residential Committee Meeting – March 16, 2016

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