IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

 Minutes of 5/12/2009

 

 

BOARD MEMBERS PRESENT:   Art Elliott - Chair

                                                  Anthony J. Hughes

                                                  Steve R. Pinther

                                                  Jerry Nemec

 

BOARD MEMBERS ABSENT:     Pamela Prather

                                                 

BUREAU STAFF:                        Tana Cory, Bureau Chief

                                                  Roger Hales, Administrative Attorney

                                                  James Stoll, Administrative Attorney

                                                  Karen Magnelli, Deputy Attorney General

                                                  Emily Mac Masters, Deputy Attorney General

                                                  Marcie McGinty, Appeals Hearing Coordinator

                                                  Erin Anderson, Secretary

 

Meeting was called to order at 10:04 AM MDT by Art Elliott.

 

DISCIPLINE

 

Ms. Mac Masters presented the following Memorandum to the Board for approval:

 

CON-2008-148  A motion was made by Mr. Hughes to close this matter.  Seconded by Mr. Nemec, motion carried.

 

Ms. Magnelli presented the following Memorandum to the Board for approval:

 

CON-2007-132 A motion was made by Mr. Hughes to close this matter.  Seconded by Mr. Nemec, motion carried.

 

CON-2009-25 A motion was made by Mr. Hughes to close this matter.  Seconded by Mr. Pinther, motion carried.

 

CON-2009-28 A motion was made by Mr. Pinther to close this matter.  Seconded by Mr. Hughes, motion carried.

 

Ms. Magnelli presented the following Stipulation and Consent Orders to the Board for approval:

 

CON-2008-137 A motion was made to approve and authorize the Chair to sign by Mr. Hughes.  Seconded by Mr. Nemec, motion carried.

 

CON-2008-81 A motion was made to approve and authorize the Chair to sign by Mr. Hughes.  Seconded by Mr. Nemec, motion carried.

 

CON-2009-16 A motion was made to approve and authorize the Chair to sign by Mr. Hughes.  Seconded by Mr. Nemec, motion carried.

 

CON-2008-150 A motion was made to approve and authorize the Chair to sign by Mr. Pinther.  Seconded by Mr. Nemec, motion carried.

 

The Board, together with legal counsel, Mr. Stoll, reviewed, discussed, and determined terms for discipline in the following cases:  CON-2007-119, CON-2007-122, CON-2008-51, CON-2008-63, CON-2008-87, CON-2008-100, CON-2009-1.

After full discussion of each case, the following motions were made:

Case Nos. CON-2007-119:  Moved by Mr. Pinther that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and that the Respondent be sent a cease and desist letter and will be required to pay a $1000 fine and the costs and attorney fees incurred in the investigation.  Seconded by Mr. Nemec, motion carried. 

Case No. CON-2007-122:  Moved by Mr. Pinther that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and that the Respondent be sent a cease and desist letter and will be required to pay a $1000 fine and the costs and attorney fees incurred in the investigation.  Seconded by Mr. Hughes, motion carried. 

Case No. CON-2008-51:  Moved by Mr. Hughes that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and that the renewal rights for the respondent be revoked.  The Respondent will be required to pay a $1000 fine and the costs and attorney fees incurred in the investigation, and the registration number is suspended for 180 days.  Seconded by Mr. Pinther, motion carried.

Case No. CON-2008-63:  Moved by Mr. Pinther that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and that the renewal rights for the respondent be revoked.  The Respondent will be required to pay a $1000 fine and the costs and attorney fees incurred in the investigation, and a cease and desist letter is to be sent out.  Seconded by Mr. Hughes, motion carried.

Case No. CON-2008-87:  Moved by Mr. Pinther that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and that respondent will be required to pay a $500 fine and the costs and attorney fees incurred in the investigation, and will be sent a cease and desist letter instructing them to only operate under the business name that is registered.  Seconded by Mr. Elliott, Mr. Hughes, and Mr. Nemec, motion carried.

Case No. CON-2008-100:  Moved by Mr. Pinther that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and that the renewal rights for the respondent be revoked.  The Respondent will be required to pay a $1000 fine and the costs and attorney fees incurred in the investigation.   Respondent will also be sent a cease and desist letter.  Seconded by Mr. Hughes, motion carried.

Case No. CON-2009-1:  Moved by Mr. Pinther that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and that the renewal rights for the respondent be revoked.  The Respondent will be required to pay a $1000 fine and the costs and attorney fees incurred in the investigation, and a cease and desist letter is to be mailed.  Seconded by Mr. Nemec, motion carried.

EXECUTIVE SESSION

 

Motion was made by Mr. Nemec to enter into executive session to discuss applications and matters not subject to public disclosure, per Idaho Code 67-2345 (1) (d).  Motion was seconded by Mr. Hughes, motion carried.  Individual votes for this motion were: Mr. Pinther, aye; Mr. Hughes, aye; Mr. Elliott, aye; and Mr. Nemec, aye.

 

Motion was made by Mr. Nemec to go out of executive session.  Motion was seconded by Mr. Hughes, motion carried.  Individual votes for this motion were: Mr. Pinther, aye; Mr. Hughes, aye; Mr. Elliott, aye; and Mr. Nemec, aye.

 

APPLICATIONS

 

Shown below are the applications that were reviewed, and the decisions made regarding these applications:

 

Motion was made by Mr. Nemec to approve the issuance of the below listed registration numbers with specific decisions being made to application

#901106079 and #901106049.  Seconded by Mr. Hughes, motion carried.

 

Application #901106079 is to be submitted to the Industrial Commission for review.

 

Application #901106049 was given Board approval once proof of the appropriate insurance coverage is provided.

 

The issued registration numbers are as follows:

 

Reg. #

Individual/Business Name

RCE-26829

PALOMINOS LANDSCAPING INC

RCE-27326

TOP JOB ASPHALT SEALING AND MAINTENANCE LLC

RCE-27690

BLUE SKY CONSTRUCTION LLC

RCE-27726

MURPHY CLEAN & HAUL LLC

RCE-27732

C EUROPEAN ENTERPRISES INC

RCE-27762

LASER LINE CONSTRUCTION LLC

RCE-27779

GREGORY P WOODARD CONSTRUCTION INC

RCE-27782

OPERATOR 6 EXECUTIVE SECURITY LLC

RCE-27783

TETRA PAK CHEESE AND POWDER SYSTEMS INC

RCE-27828

WHEELER MASONRY LLC

RCE-27835

WESTVIEW BUILDERS INC

RCE-27839

THE EXCAVATORS LLC

RCE-27847

OLSON FENCING INC

RCE-27852

KEMPER CONSTRUCTION LLC

RCE-27880

ONE WEST CONSTRUCTION LLC

RCE-27881

A & B CONSTRUCTION LLC

RCE-27893

RED BARN BUILDING COMPANY LLC

RCE-27897

DYNAMIC SERVICES LLC

RCE-27900

ALPINE GRANITE ACCENTS INC

RCE-27906

COOKS WOODWORKS LLC/THE STAIR GUY

RCE-27909

A PROFESSIONAL PERFECT TOUCH LLC

RCE-27913

COYOTEE CONTRACTING INC

RCE-27917

PURCELL P & C LLC

RCE-27920

RIGHT STEP LLC

RCE-27921

PETERSON CONSTRUCTION INC

RCE-27930

AFFORDABLE ROOTER INC

RCE-27932

PEONS AT WORK INC

RCE-27933

S & S ROOFING INC

RCE-27934

KISAQ LLC

RCE-27939

REMSBURG CONSTRUCTION LLC

RCE-27940

MCCALL POOLS INC

RCE-27949

GOOD WOOD FLOORING LLC

RCE-27950

CHARLIE ROAN INVESTMENTS INC

RCE-27952

IMPLEMENTATION SOLUTION SERVICES INC

RCE-27953

WHISTLER TILE & STONE INC

RCE-27956

BRETT CONCRETE

RCE-27959

GSE CONSTRUCTION COMPANY INC

RCE-27960

DOUBLE J TIMBER SERVICE LLC

RCE-27963

BROCK SERVICES LTD

RCE-27965

ADVANTAGE HOME SOLUTIONS LLC

RCE-27966

PORTNEUF CONSTRUCTION LLC

RCE-27967

SKG OF IDAHO LLC

RCE-27970

SIM JAN INC

RCE-27971

A PLUS HANDYMAN LLC

RCE-27973

CLEVELAND BUILDING COMPANY LLC

RCE-27976

QUICK RESPONSE FIRE & ENVIRONMENTAL LLC

RCE-27977

MY GARDNER LLC

RCE-27978

LUNDAHL IRONWORKS COMPANY

RCE-27979

THE TENNIS AND TRACK CO/THE TENNIS COMPANY

RCE-27983

RAUSER COMPANY LLC

RCE-27984

PEAK INDUSTRIES INC

RCE-27985

COPPER CREEK BUILDERS LLC

RCE-27989

H2O WELL & SEPTIC SOLUTION

RCE-27991

HI-MARK CONCRETE INC

RCE-27996

ROCKY MOUNTAIN AUTOMATION LLC

RCE-28006

QUICK SILVER, LLC

RCE-28008

2 BUILDERS LLC

RCE-28012

MEYER ROOFING SOLUTIONS, LLC

RCE-28013

NORTH SKY COMMUNICATIONS INC

RCE-28014

IDAGON HOMES LLC

RCE-28022

C L SERVICES LLC

RCE-28025

LEGACY LANDSCAPES LLC

RCE-28028

CTC NORTHWEST LLC

RCE-28030

MADDEN CARPENTRY BY DESIGN LLC

RCE-28033

PILLAR ROCK INC

RCE-28034

ROYAL ROOFING & SIDING INC

RCE-28036

RIDGE LINE ROOFING OF COEUR D ALENE LLC

RCE-28037

NWS INC

RCE-28042

ROSS & ASSOC. OF RIVER FALLS, WISCONSIN LTD

RCE-28046

RIDGELINE CONSTRUCTION INC

RCE-28053

LONESTAR IDAHO INC

RCE-28060

AMERICAN COLD STORAGE INC

RCE-28068

KCA CONSTRUCTION INC

RCE-28069

SYRINGA LANDSCAPE LLC

RCE-28071

SHEA CONTRACTING INC

RCE-28072

SPER CONTRACTING CORPORATION

RCE-28073

A & J HARDISON EXCAVATION & CONST. LLC

RCT-27368

CARR JAMES L

RCT-27573

BOYARCHUK PAVEL

RCT-27671

CARDENA CRISPIN

RCT-27687

AXTELL RANDELL D

RCT-27692

MALBERG RAY

RCT-27694

CLOCK PAUL

RCT-27776

BARNETT MIKE

RCT-27804

NEWELL GORDON

RCT-27842

HUMMER PATRICK

RCT-27868

PRUETT VAUGHN

RCT-27871

JONES VAL A

RCT-27882

SCHLEICHER GREGORY

RCT-27883

LEO ROBINSON

RCT-27908

ARELLANO REYNA E

RCT-27923

THOMSON JOHN S

RCT-27937

MCGWIER ROBERT A

RCT-27941

ALMQUIST CLAYTON H II

RCT-27942

KLEIN KEITH J

RCT-27943

MILLER JAMES

RCT-27946

KURTS ROBERT E

RCT-27957

RAMIREZ CHRISTINA

RCT-27958

SILVA-VALENCIA DAVID C

RCT-27969

HESTER NATHAN D

RCT-27975

BOWSER BARY

RCT-27982

LOPEZ VICTOR

RCT-27986

FERRER JORGE

RCT-27987

BURNARD JOHN R

RCT-28010

SWANSON CHRIS

RCT-28011

MENTER SCOTT

RCT-28015

LEGG GREGORY C

RCT-28016

GREGORY JIM

RCT-28017

CLARK ERIC E

RCT-28018

PRICE WESTON

RCT-28024

CUTTER RICK

RCT-28027

EINERSON TREVOR

RCT-28038

SHIPPEY GERALD W

RCT-28048

HERZOG ROBERT

RCT-28050

SANDERS MICHAEL S

RCT-28051

VINES JEREMY

RCT-28056

TRAYLOR CHRIS

RCT-28064

TUBBS LINCOLN

RCT-28067

BRADY NOLE

 

 

 A motion was made by Mr. Nemec to table the following applications for review at the next regularly scheduled meeting.  Seconded by Mr. Pinther, motion carried.

 

Those above mentioned applications were:

 

901105362              901106140              901104987

901105928              901105942              901105992

 

DISCUSSION

 

The Board reviewed the renewal of RCE-2847.  It was determined that the registrant needed to provide current certificates of insurance, and complete the renewal process, and the Board would review the registration number at that time.

 

The following meeting dates were set in place:

 

May 26th      10:00 am

June 9th        10:00 am

June 23rd      10:00 am

July 7th         10:00 am

July 28th         8:30 am  This is a face to face meeting

Aug. 11th      10:00 am

Aug. 25th      10:00 am

 

NEXT MEETING 5/26/2009

 

ADJOURNMENT

 

Motion to adjourn was made by Mr. Nemec and Mr. Pinther, seconded by Mr. Hughes.  Individual votes for this motion were: Mr. Pinther, aye; Mr. Hughes, aye; Mr. Elliott, aye; and Mr. Nemec, aye.

 

Meeting was adjourned at 11:50 am.

 

 

 

_________________________________      _________________________________

Art Elliott, Chair                                             Anthony J. Hughes

_________________________________      _________________________________

Steve R. Pinther                                              Jerry Nemec

_________________________________     

Tana Cory, Bureau Chief