IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Minutes of 7/13/2009

 

 

BOARD MEMBERS PRESENT:†† Art Elliott - Chair

††††††††††††††††††††††††††††††††††††††††††††††††† Anthony J. Hughes

††††††††††††††††††††††††††††††††††††††††††††††††† Steve R. Pinther

††††††††††††††††††††††††††††††††††††††††††††††††† Jerry Nemec

††††††††††††††††††††††††††††††††††††††††††††††††† Pamela Prather

†††††††††

BUREAU STAFF: †††††††††††††††††††††† Tana Cory, Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††† Dawn Hall, Administrative Support Manager

††††††††††††††††††††††††††††††††††††††††††††††††† James Stoll, Administrative Attorney

††††††††††††††††††††††††††††††††††††††††††††††††† Karin Magnelli, Deputy Attorney General

††††††††††††††††††††††††††††††††††††††††††††††††† Erin Anderson, Secretary

                         ††††

Meeting was called to order at 10:06 AM MDT by Art Elliott.

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Hughes to approve the minutes of 6/24/2009.Seconded by Mr. Pinther, motion carried.

 

DISCIPLINE

 

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

 

CON-2008-96 A motion was made by Mr. Hughes to close this case with a warning letter.Motion seconded by Mr. Nemec, motion carried.

 

CON-2008-156 The Board agreed with the DAGís recommendation.

 

CON-2008-155 A motion was made by Mr. Hughes to close this case with a warning letter.Motion seconded by Mr. Nemec, motion carried.

 

Ms. Magnelli presented the following Findings of Fact, Conclusions of Law and Final Order to the Board for review:

 

CON-2008-157:  Moved by Ms. Prather that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and that respondent will also be required to pay fines, attorney fees, and investigative costs incurred during investigation.  Seconded by Mr. Hughes, motion carried.

 

Mr. Stoll presented the following Findings of Fact, Conclusions of Law and Final Order to the Board for review:

 

CON-2007-109:  Moved by Mr. Hughes that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and will be required to pay fines.  Seconded by Mr. Pinther, motion carried.

 

CON-2007-127:  Moved by Mr. Hughes that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and will be required to pay fines.  Seconded by Mr. Nemec, motion carried.

 

CON-2007-134:  Moved by Mr. Hughes that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and will be required to pay fines.  Seconded by Mr. Pinther, motion carried.

 

A motion was made by Mr. Hughes to amend the motions on case CON-2007-109, CON-2007-127 and CON-2007-134 to include that the Respondentís also pay the attorney fees and investigative costs related to their cases.

 

CON-2008-103:  Moved by Mr. Hughes that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and that respondent will also be required to pay fines, attorney fees, and investigative costs incurred during investigation.  Seconded by Mr. Nemec, motion carried.

 

CON-2008-116:  Moved by Mr. Hughes that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and that respondent will also be required to pay fines, attorney fees, and investigative costs incurred during investigation.  Seconded by Mr. Nemec, motion carried.

 

CON-2008-92:  Moved by Mr. Nemec that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and that respondent will also be required to pay fines, attorney fees, and investigative costs incurred during investigation.  Seconded by Mr. Hughes, motion carried.

 

A motion was made by Mr. Nemec that case CON-2008-115 also be included in the motion for CON-2008-92, as they are the same Respondent.Seconded by Mr. Hughes, motion carried.

 

CON-2008-95 and CON-2008-108:  Moved by Mr. Nemec that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and that respondent will also be required to pay fines, attorney fees, and investigative costs incurred during investigation.  Seconded by Mr. Hughes, motion carried.

 

CON-2008-144:  Moved by Mr. Hughes that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and that respondent will also be required to pay fines, attorney fees, and investigative costs incurred during investigation.  Seconded by Mr. Nemec, motion carried.

 

CON-2009-4:  Moved by Mr. Nemec that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and that respondent will also be required to pay fines, attorney fees, and investigative costs incurred during investigation.  Seconded by Mr. Hughes, motion carried.

 

CON-2009-10:  Moved by Mr. Pinther that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and that respondent will also be required to pay fines, attorney fees, and investigative costs incurred during investigation.  Seconded by Ms. Prather, motion carried.

 

CON-2009-18:  Moved by Mr. Hughes that the Board adopt the Hearing Officerís Findings of Fact and Conclusions of Law and that the Respondentís renewal rights be revoked and that respondent will also be required to pay fines, attorney fees, and investigative costs incurred during investigation.  Seconded by Mr. Nemec, motion carried.

 

EXECUTIVE SESSION

 

Motion was made by Ms. Prather 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. Nemec, motion carried.  Individual votes for this motion were: Mr. Pinther, aye; Mr. Hughes, aye; Mr. Elliott, aye; Ms. Prather, aye; and Mr. Nemec, aye.

 

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

 

APPLICATIONS

 

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

 

A motion to deny Jacob Smith/J & S Concrete Sawing and Drilling as per Rule 165 was made by Ms. Prather.Motion seconded by Mr. Nemec, motion carried.

 

A motion to approve all other submitted applications was made by Ms. Prather.Motion seconded by Mr. Nemec, motion carried.

 

The issued registration numbers are as follows:

 

†† Reg. #

Individual/Business Name

RCE-27420

NHB INC

RCE-28041

DENMAN CONSTRUCTION INC

RCE-28055

KD CONTRACTORS INC

RCE-28248

INTEGRATED INTERIORS LLC

RCE-28253

STARBOTTLE CONSTRUCTION INC

RCE-28267

FARR CONSTRUCTION CORPORATION

RCE-28275

OUTLAW EXCAVATING & TRUCKING LLC

RCE-28277

TERRA CONTRACTING INC

RCE-28285

VINTAGE WOOD & DESIGN LLC

RCE-28302

ANB SOLUTIONS LLC

RCE-28306

PERFORMANCE PAINT SYSTEMS LLC

RCE-28307

WRANGLER CONSTRUCTION INC

RCE-28310

EOI CO OF IDAHO

RCE-28316

OLD BRAND EXCAVATING LLC

RCE-28376

RICHARD A SMITH CONSTRUCTION INC

RCE-28319

MAKI INDUSTRIES LLC

RCE-28323

ABSOLUTE FIRE SUPPRESSION SYSTEMS LLC

RCE-28336

AMERICAS DREAM HOMES INC

RCE-28338

BIGHORN GROUP PROFESSIONAL SERVICES LLC

RCE-28355

RADER REMODELING & REPAIR

RCE-28358

MAX GRANITE OF IDAHO LLC

RCE-28359

HD DRYWALL LLC

RCE-28361

MONTAIN STATES CONTRACTORS INC

RCE-28362

TOTAL FACILITY SOLUTIONS INC

RCE-28363

CRAWFORD LANDSCAPE SERVICES

RCE-28364

SYNERGISM INC

RCE-28365

CLEAN ENERGY CONSTRUCTION

RCE-28367

FULCRUM CONSTRUCTION INC

RCE-28371

J & K PROJECT MANAGEMENT CONSULTANTS LLC

RCE-28375

CAPITAL CITY HARDWOOD INC

RCE-28456

M & S ELECTRIC INC

RCE-28378

S & B QUALITY CONSTRUCTION INC

RCE-28379

ELK MOUNTAIN FRAMING LLC

RCE-28380

KV ELECTRIC INC

RCE-28382

DOUBLE P CONSTRUCTION INC

RCE-28384

AMIGOS DRYWALL

RCE-28387

JOHN L HIGLEY LLC

RCE-28390

OERTLI CUSTOM STONE & SLATE, LLC

RCE-28393

MODIFIED FLOORS

RCE-28394

VIOX SERVICES INC

RCE-28395

CROTTO CONSTRUCTION LLC

RCE-28398

D & B COVERS INC

RCE-28400

TREELINE CONSTRUCTION LLC

RCE-28403

J & K LAND CONCEPTS LLC

RCE-28404

INDUSTRIAL CONSTRUCTION INC

RCE-28405

THE FACTORY FAMILY INC

RCE-28409

R GRIFFING CONSTRUCTION INC

RCE-28410

MACKLIN CONCRETE & CONSTRUCTION INC

RCE-28414

1ST CUT CONSTRUCTION LLC

RCE-28419

1ST RESPONSE RESTORATION INC

RCE-28421

BANKS BROTHERS CONSTRUCTION INC

RCE-28422

ROCK CANYON GLASS SERVICE LLC

RCE-28423

SF FLOORING LLC

RCE-28424

VAN NOY DESIGN INCORPORATION

RCE-28425

D & T REMODELING

RCE-28427

4S CONCRETE

RCE-28432

ACTION DRILLING INC

RCE-28435

DUNHAM LOGGING INC

RCE-28436

SLEEPLESS NIGHTS CONSTRUCTION INC

RCE-28440

DITCH TECHNOLOGIES INC

RCE-28452

ZWICK CONSTRUCTION COMPANY INC

RCE-28459

208 XCAVATE LLC

RCT-27419

JOHNSON BRENT

RCT-27961

PACKER RICHARD B

RCT-27980

DAVIS MARK

RCT-28201

WASHKOVICH EDWARD G

RCT-28238

LOGAN CODY D

RCT-28273

SQUIRES TRACY

RCT-28297

GIBSON STEVEN A

RCT-28305

PHILLIPS MARK

RCT-28311

LARSEN KENT

RCT-28328

TOOTOO IESE

RCT-28329

WALTON PAUL S

RCT-28330

CHAFFIN JEFF

RCT-28343

CHAVEZ ROBERT

RCT-28346

BOWMAN JEFF

RCT-28351

WILLIAMS DAVID S

RCT-28356

PORTER CHRIS

RCT-28357

ROGERS MARK

RCT-28360

CARPIO JOSE M

RCT-28368

PENDAGAST EDWARD

RCT-28369

VICENTE PETE M

RCT-28374

CARTER KENNETH G

RCT-28381

BRYANT STEVEN

RCT-28383

TRAVERS DAVID L

RCT-28386

FOSS ROBERT

RCT-28389

SCHNORR JOE

RCT-28397

ELLIS SHAYNE R

RCT-28412

GREGG ALEX

RCT-28413

LEWIS RICHARD T

RCT-28416

RYNEARSON SETH

RCT-28418

DURAN RAMON

RCT-28420

NEELEY TERRY

RCT-28429

DALGLIESH TIMOTHY D

RCT-28430

AUKER DELBERT J

RCT-28433

HERNANDEZ NATHAN

RCT-28434

KENNEDY PAT

RCT-28438

CUSHMAN REESE

RCT-28442

SAMEK ANDREW R

RCT-28443

BUJKO ADAM

RCT-28447

ANDERSON DONALD E

RCT-28455

OGDEN ERIC A

RCT-28460

STRANGE DAVID

RCT-28464

BAIRD JAKE

RCT-28467

BROWN TIM

RCE-28470

LKE CORPORATION

RCT-28471

BRIZZEE MATT

RCT-28473

HAWKS BARRY B

RCE-28474

REDD ROOFING & CONSTRUCTION COMPANY INC

 

DISCUSSION

 

Ms. Cory informed the Board of the retirement of the Bureauís Deputy Bureau Chief Budd Hetrick.She announced that Ms. Peel from the Attorney Generalís Office had been hired to replace him in some of his functions.Ms. Hall would assume the duties that Ms. Peel would not be overseeing.Ms. Cory also announced that Mr. Roger Hales the Bureauís current administrative attorney would no longer be with the Bureau and that Mr. Karl Klein from the Attorney Generalís Office had been hired to replace Mr. Hales, and Mr. Kleinís position was to be located within the Bureau as part of the staff.

 

Ms. Hall discussed with the Board the ďState of the StateĒ report that was to be submitted to NASCLA for its annual update.The Board wanted to table the matter for their July 28th meeting and discuss the report then.Ms. Hall explained that the deadline for this information was July 24th.Mr. Pinther stated that he would contact NASCLA, and ask for an extension to the deadline.The matter was tabled at that point.

 

NEXT MEETING 07/28/2009

 

ADJOURNMENT

 

At 11:05 AM MDT, motion to adjourn was made by Mr. Nemec, seconded by Mr. Hughes, motion carried.Individual votes for this motion were: Mr. Pinther, aye; Mr. Hughes, aye; Mr. Elliott, aye; Ms. Prather, aye; and Mr. Nemec, aye.

 

 

 

 

 

_________________________________††††† _________________________________

Art Elliott, Chair†††††††††††††††††††††††††††††††††††††††††††† Anthony J. Hughes

_________________________________††††† _________________________________

Steve R. Pinther††††††††††††††††††††††††††††††††††††††††††††† Jerry Nemec

_________________________________††††† _________________________________

Pamela Prather††††††††††††††††††††††††††††††††††††††††††††††† Tana Cory, Bureau Chief