Department of Administration
Division of Capital Projects and Property Management
Contractors’ Registration and Licensing Board
One Capitol Hill One Capitol Hill
Providence, Rhode Island 02908-5839
Telephone #: 401-222-1270
Fax #: 401-222-1940
235th Meeting Contractors’ Registration and Licensing Board
March 11, 2009
(A) The meeting was called to order by the Chairman, Felix Carlone, at 12:46 PM.
(B) Approval of the agenda and order of business was accepted on a motion by Mr. Arthur
Salisbury and seconded by Mr. Richard Welch.
(C) The minutes of the 234th meeting were approved on a motion by Mr. Paul Brunetti, and
seconded by Mr. Welch.
(D) Court Case Update: February / March
RESPONDENT; FINES: RESTITUTION: VICTIM:
Charles Rhynard $ 400.00 Silva
Frank Marr III $ 40.00 Lamphere
McAteer $2,350.00 Washington
McAteer $3,500.00 Desmarais
TOTAL FINES and RESTITUTION: $13,850.00
Contractors’ Registration and Licensing Board: February / March 2009
Court Ordered Dispositions
Defendant Fine Restitution Victim
Tomaselli $10,025.00 Petrocelli
Tomaselli $25,000.00 Rice
MacDonald $6,200.00 Breton
TOTAL FINES and RESTITUTION: $41,225.00
Warrants Ordered for Failure to Appear in Court:
Dichiaro, David Registration # 26602
(E) Consideration of Cases on Appeal and Oral Argument:
(1) 12:40 PM, Claim #6703, Whitman vs. Apex Builders, Robert Carson, exceptions
filed by the Respondent. Both parties were in attendance and the contractor was
represented by legal counsel. In that exceptions were filed by the respondent,
contractor presented case first. Attorney stated that the matter was currently filed in
District Court and requested that the Board stay the proposed order issued and action
taken on the contractor’s registration. After much discussion and listening to the
claimant, the Board on a motion by Mr. Ed Ladouceur to uphold the decision
rendered by the hearing officer and second by Richard Welch, Board passed the
motion with the chair voting in opposition. Motion carried and the final order will
be issued as proposed.
(2) 1:00 PM, Claim #6788, Bannister vs. H.R. Build Design, Henry Richard III,
exceptions filed by the respondent. Both parties were present and the Board listened
to the exceptions filed. After reviewing the file and listening to the claimant and
discussing the file, a motion was made by Paul Brunetti to uphold the decision of the
hearing officer, seconded by J.L. Brillion with all but one member voting in the
affirmative and Robert Cardoza voting against the motion. Motion carried and the
final order will be issued as proposed.
(3) EXPUNGEMENTS:
1:20 PM, John Aurgemma, RI Home Improvement, registration #6115, Claim
#’s 3623, 2580, 2844, 2881 & 3035. These claims had been continued from
last months hearings. Several Board members recused themselves from participating
in these expungements, they were the chair Felix Carlone, the vice-chair
Ed Ladouceur and Steven Gianlorenzo; and Mike Lanni the Boards investigator
was called on behalf of the Respondent to testify. The chair in his absence selected
Art Salisbury to serve as chair with nine people in attendance, Richard Welch had
to leave for another commitment. Anthony Aurgemma presented his
expungement requests with legal counsel. The first claim heard by the Board was
claim #2881, Vezina/Riveria. After discussing the matter, a
motion was made by J.L. Brillon and seconded by Donald Gagnon to expunge
record. The matter was denied on a 8 to 1 vote with J.L.Brillion voting in
the affirmative for expungement. The second claim #2580, Daniel Kowalczyk,
was presented and the Board reviewed the information and letter provided by
the claimant. A motion was made by Tom Furey and seconded by Donald Gagnon
to expunge this record. On a vote of 8 in favor and 1 opposed, Ron Caniglia,
the motion carried and the record will be expunged. The next claim presented was
claim #2844, Wayne Hawkins, and on a motion by Donald Gagnon and second
by Ron Caniglia not to expunge this record the motion carried unanimiously. The
forth claim presented, claim #3623, Lois Smith, was discussed and a motion by
Robert Cardoza, seconded by Paul Brunetti to expunge was made and matter passed
on a vote of 6 to 3 to expunge, Ron Caniglia, David Caldwell, and Tom Furey
all voted against this but motion carried and claim will be removed. The last claim
to be heard was claim # 3035, John Gentile Sr., and the information provide
was reviewed by the Board as well as testimony on the matter provided by
the Respondent. A motion was made by Tom Furey to expunge and second by
David Caldwell but the motion failed to carry on a vote 6 to 3 with a Tom Furey,
Donald Gagnon and Dave Caldwell voting in favor of the motion and the balance
opposing.
Those members who recused themselves returned.
1:30 PM, Robert Purdy, Rhode Island Pressure Washing, Registration #27100:
insurance violation request file # 6223. The Respondent failed to attend to support
his request so the Board on a motion by J L Brillion, and second by Paul Brunetti,
denied the matter.
1:35 PM, Jeffrey Palumbo, Atlantic Home Improvement LLC, Registration #19886,
request to expunge claim # 5380, Kathleen Langton. Mr. Palumbo presented
his case and explained that money was given back to homeowner even though
work had been performed, and a copy of letter affirming this was provided
to the Board. After questioning the contractor and discussing the matter a
motion was made by Steve Carlino and seconded by Steve Gianlorenzo to
expunge the record and the matter carried on an 7 to 4 vote with Ron
Caniglia, David Caldwell, Don Gagnon and Tom Fury voting in opposition
and Ed Ladouceur recusing from voting or any discussion on this matter.
1:40 PM, Kevin Ferro, K S Builders, registration #24185, claim #4953, Norman
Lafontaine The matter was reviewed by the Board and a motion was made by
the chair, Felix Carlone to deny this request, seconded by Ron Caniglia and
the motion carried unanimously.
1:50 PM, Claudio Carreiro, Carreiro Construction, Registration # 22062, violation
#3646 1 to 4, claims 4247, Deborah Hall, claim #4799, Henry Andrade, and claim
#4971, Andrew Hawkins. The Respondent presented his case regarding his claims
and the violations. The Board reviewed the record and a motion was made by
J.L. Brillion and a second by Mr. Ladouceur, to deny these requests to expunge
the claims, and the motion passed unanimiously. Mr. Ladouceur made the motion
to deny the expungement of the violations which was seconded by Felix Carlone
and again unanimiously passed and both matters were denied.
2:20 PM, John Foster, Sun Tech, Registration #5482, claim#1088, Lori Wilcox,
claim #1140, Russell & Tamara Bouchard, claim #1202, Jane Viti, claim
#1369, David Jencks, claim #1614 Phil Bathgate, and claim #4716,
Bruce Whitehouse. A motion was made to expunge the first five claims because
they exceeded the ten year time frame established last year by the Board and
currently being reviewed by the subcommittee for additional modifications.
Motion was made by Ed Ladouceur and seconded by Steve Gianlorenzo
to deny expungement, the motion was denied and record will be expunged
on a 6 to 4 vote with Ed Ladoucerur, Felix Carlone, Ron Caniglia
and Tom Furey voting for expungement. Another motion was made
by Felix Carlone and seconded by Ron Caniglia to expunge claim #4716,
this motion was approved 9 to 1 with Art Salisbury voting in the negative.
A review of Leroy Harris, Registration # 5369, claim # 6932 regarding
notice of hearing information on the web, was submitted to the Board.
The concern express was that on the same day as a check was issued to
the Board to resolve a claim a notice of hearing was issued projecting the
the information onto the website. After review and discussion the Board
elected to have the notice of hearing removed to prevent this from happening.
(F) Report of the Executive Director and Staff:
(1) Statistics Report: 03/11/09
Registrations:
Number of Registered Contractors 12112
Number of Cards Surrendered 4606
Number of Cards Expired/Lapsed 14099
Number of Cards Invalidated 892
Number of Cards Suspended 441
Number of Cards Revoked 66
Registration Actions 2/11/09-3/11/09
Number of New Registered Contractors 87
Number of Renewed Contractors 12025
Number of Cards Surrendered 47
Registrations Invalidated 48
Registrations Suspended 9
Registrations Revoked 1
Claims:
Administrative Appeals 8
Board Appeals 3
Address Trace 112
Awaiting Further Action 51
Court 53
Disposed 5609
Final Orders 40
Hearings 68
Out of State Services 36
Proposed Orders 65
Under Investigation 119
Total Claims Filed with the Board 6596
Number of New Claims 21
2/11/2009-3/11/2009
Violations:
Action Against Registration 17
Non-Registered Subcontractors 12
Advertising 6
Cancelled Insurance 1049
Notice of Hearing 4
Non-Registered Contractors 704
TOTAL RECORDS 1792
Number of New Violations 68
2/11/2009-3/11/2009
Lapsed Registrations/Never Re-Newed:
January 2009 104
February 2009 117
March 2009
Month # Tickets Issued Fines
February 4 $3,500.00
Commercial Roofers: 3/11/2009
Number registered 134
Number surrendered 14
Number invalidated 30
Number suspended 0
Number revoked 0
Pending approval 0
Registration Actions; 3/11/2009
Number of New Registered Contractors 0
Number of Renewed Roofer Contractors 132
Number of Cards Surrendered 0
Number of Expired/Lapsed 0
Registrations Invalidated 0
Registrations Suspended 0
Registrations Revoked 0
(G) Old Business:
(1) Review of Regulations: Several meetings have been held and progress has been made
to get the rules and regulation revised. Next meeting will be scheduled the first Wednesday in
April at New England Tech.
(2) Mike Lanni addressed the Board as to some concerns in hearings being rescheduled
and how they abuse the system. He also suggested that the face sheet on the claims be copied for
the Board members to make it easier for them to see what action was taken on the file and what
notice was provided, and how coroperative the contractor has been in resolving dispute and
allegations.
(3) A review of confirmation of delivery of letters using the mail room will be conducted
and the Board will be advised at next meeting in this regard.
(H) New Business:
Due to lack of time and the ability to maintain a quorum the new business was passed on and will
be reviewed next month.
(1) Positions: Currently Status
(2) Study Commission:
(3) Web Changes: Language
(4) Restricted Receipt Account:
(5) Budget:
(6) Legislation:
(7) Computer Software Program (DBR):
(8) NASCLA:
(9) Sting Operation:
(10) Lien Law Review:
(11) Status Change to Commercial Roofing Concern:
(I) Public Comment: None.
(J) Announcements: The next Board meeting is scheduled for Wednesday
April 8, 2009 at 12:30 PM Conference Room “A”, 2nd Floor, One
Capitol Hill;
(K) Adjournment: A motion was made by JL Brillon and seconded by Paul Brunetti to
adjourn at 4:35 PM.
Members Present: F. Carlone, E. Ladouceur, D. Caldwell, T. Furey,
R. Welch, R. Caniglia, JL Brillon, A. Salisbury, R. Cardoza,
. D. Gagnon, P. Brunetti, S. Gianlorenzo and S. Carlino
Members Absent: B. Calcagni and E. Anderson both have resigned from the Board and
positions are pending new appointments.
Others Present: George Whalen (Executive Director), Special Assistant Attorney General
Christine Hetherington (legal counsel), stenographer, staff and parties for
appeals and motions.
Respectfully Submitted,
George W. Whalen
Executive Director
Rhode Island Contractors’ Registration and Licensing Board