IDAHO CONTRACTORS BOARD

Bureau of Occupational Licenses

1109 Main Street, Suite 220

Boise, ID 83702-5642 

 

Conference Call Minutes of 9/8/2009

 

 

BOARD MEMBERS PRESENT:   Anthony J. Hughes - Chair

                                                   Steve R. Pinther

                                                   Jerry Nemec

                                                   Pamela Prather

                                                   Art Elliott

 

BUREAU STAFF:                        Tana Cory, Bureau Chief

                                                  Dawn Hall, Administrative Support Manager

                                                  Karl Klein, Administrative Attorney

                                                  Erin Anderson, Secretary

                             

Meeting was called to order at 10:01 AM MDT by Anthony J. Hughes.

 

APPROVAL OF MINUTES

 

A motion was made by Mr. Nemec to approve the minutes of 8/25/2009.  Seconded by Ms. Prather, motion carried.

 

DISCUSSION

 

The Chair discussed the need to add to the agenda an item regarding the Open Meeting Law and the implications of an e-mail that was circulated the prior day.  The Chair had been alerted to the Open Meeting Law issue the morning of the meeting, so it was not possible to post on the agenda.  A motion to add discussion of this item to the agenda was made by Mr. Nemec.  The motion was seconded by Mr. Pinther, motion carried.

 

Mr. Klein discussed with the Board the new Open Meeting Law changes.  Mr. Klein and Ms. Cory explained that the e-mail from a Board member indicated the Board member had no problems with any of the applicants and that applications cannot be discussed in a group outside of the scheduled meeting.  Mr. Klein explained that this includes sending e-mails regarding Board business to all Board members prior to a meeting.  He also explained that the legislature allows a Board that is in violation of the Open Meeting Laws to “cure” the matter by making a set of motions.  Board members indicated that other such e-mails had circulated.

 

A motion was made by Mr. Elliott to allow the Board to cure their error in breaking the Open Meeting Law by acknowledging that the circulated e-mail did not comply with the Open Meeting Act.  This motion was seconded by Ms. Prather, motion carried.

 

A motion was made by Mr. Elliott that all e-mail correspondence that had been sent prior to the scheduled meeting be considered null and void from any discussion in the application process.  This motion was seconded by Ms. Prather, motion carried.

 

DISCIPLINE

 

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

 

CON-2009-24 Moved by Ms. Prather that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize the Chair to sign.  The Respondent’s registration, including any renewal rights, was revoked, and a $1000.00 fine and all costs were imposed.  Seconded by Mr. Nemec, motion carried.

 

CON-2008-149 Moved by Mr. Nemec that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize the Chair to sign.  The Respondent’s registration, including any renewal rights, was revoked, and a $1000.00 fine and all costs were imposed.  Seconded by Ms. Prather, motion carried.

 

CON-2007-136 Moved by Mr. Pinther that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize the Chair to sign.  The Respondent’s registration, including any renewal rights, was revoked, and a $1000.00 fine and all costs were imposed.  Seconded by Ms. Prather, motion carried.

 

CON-2008-147 Moved by Ms. Prather that the Board adopt the Hearing Officer’s Findings of Fact and Conclusions of Law and authorize the Chair to sign.  The Respondent’s registration, including any renewal rights, was revoked, and a $1000.00 fine and all costs were imposed.  The motion for CON-2008-147 died for lack of a vote by the Board, and discussion was held in regard to what dollar amount the Board could penalize this registrant in fines since this case had multiple complaints that were put into one case, instead of separate cases.  Mr. Klein stated that he would get clarification for the Board for the next meeting.  A motion was made by Ms. Prather that this case be tabled for further discussion at the next schedule meeting.  This motion was seconded by Mr. Elliott, motion carried.

 

EXECUTIVE SESSION

 

A motion was made by Mr. Elliott that the Board go into executive session under Idaho Code § 67-2345(1) (d) to consider records that are exempt from disclosure under the Idaho Public Records Law.  The purpose of the Executive Session was to consider registration application materials.  Motion was seconded by Ms. Prather, motion carried.  The vote was: Mr. Elliott, aye; Ms. Prather, aye; Mr. Pinther, aye; Mr. Nemec, aye; and Mr. Hughes, aye.

 

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

 

APPLICATIONS

 

A motion was made by Mr. Nemec to approve application ID# 901106342 once this applicant provided proof that he was in compliance with his court ordered restitution/fines.  Seconded by Mr. Pinther, motion carried.

 

A motion was made by Mr. Nemec to approve the below listed applications.  Seconded by Mr. Pinther, motion carried.

 

The issued registration numbers are as follows:

 

Reg. #

Individual/Business Name

RCE-24315

MATTEO TILING

RCE-28399

GOLD CREEK CONSTRUCTION LLC

RCE-28572

M C & T CONSTRUCTION INC

RCE-28591

RELIANT CONSTRUCTION

RCE-28618

RUSS HALL FLOORCOVERING INC

RCE-28619

NELSON ROOFING ENTERPRISES INC

RCE-28683

CNC CONSTRUCTION INC

RCE-28684

TIC-THE INDUSTRIAL COMPANY

RCE-28692

COEUR D ALENE ALPACAS LLC

RCE-28709

APPLIED POWER TECHNOLOGIES INC

RCE-28719

UNION CORNER CONSTRUCTION INC

RCE-28720

IRON HORSE EXCAVATION LLC

RCE-28723

CASCADE FLOORS INC

RCE-28724

GRAND TETON LOG AND LUMBER LLC

RCE-28726

HAMPTON HOMES INC

RCE-28729

BASSO LLC

RCE-28732

GRIZZLY STEEL INC

RCE-28737

STRATA INC

RCE-28738

MILLWRIGHTS & RIGGERS INC

RCE-28739

RM SERVICES LLC

RCE-28740

GRAHAM PETRA JV LLC

RCE-28744

B & L HANDYMAN SERVICES

RCE-28747

KINGS CONSTRUCTION INC

RCE-28748

CS TECHNOLOGIES LLC

RCE-28750

CS CONSTRUCTION INC

RCE-28752

WESTERN RECLAMATION LLC

RCE-28753

VCC LLC DBA GENERAL CTRCT. & CONST. MNG. LLC

RCE-28755

DIAMOND F CONTRACTING LLC

RCE-28758

RUSSELL DEVELOPMENT CORP

RCE-28760

CAROTHERS & SON LTD

RCE-9144

ADVANTAGE CHIMNEY SWEEPS INC

RCT-26705

LAUBY MICHAEL

RCT-28532

THOMPSON DANIEL D

RCT-28544

IRELAND DAN

RCT-28564

LIMONOV VITALIY

RCT-28671

HURST JAMES

RCT-28677

ALDERMAN ROBERT

RCT-28711

KLONTZ JEREMY

RCT-28722

PHILLIPS SCOTT

RCT-28725

FLORES MAX

RCT-28727

LUTHI KIM C

RCT-28728

MASON JOHN D

RCT-28730

SCHILD JOSHUA A

RCT-28734

BLACKMAN DALE

RCT-28743

HERSHBERGER LOREN

RCT-28746

STOOKEY SIMON

RCT-28749

ADAME ISAI

RCT-28751

CLEVELAND BRANDON

RCT-28754

BACHIK DENNIS P

RCT-28759

HAZEN JOSH

RCE-28761

T & W CONSTRUCTION

RCE-28763

ROBINSON CONSTRUCTION GROUP LLC

RCE-28764

SAUERS PAINTING INC

RCT-28768

WILKINS BENJAMIN A

RCT-28773

ENGLE TIMOTHY D

RCE-28774

RZ CONSTRUCTION INC

RCE-28776

BARTEL CONTRACTING INC

RCE-28777

DAN BAILEY TRUCKING LLC

RCE-28779

PERMACOLD ENGINEERING INC

RCE-28780

GARDNER AHLQUIST HOMES LLC

RCE-28785

SEQUOIA CONSTRUCTION INC

RCE-28789

MMH LLC

RCT-28775

MORSE MATTHEW A

RCT-28778

JOYCE JOHN MARTIN

RCT-28784

PFAFF CHRISTOPHER J

RCT-28787

BROWN TIMOTHY

RCT-28790

SNELL MICHAEL

RCT-28792

SIMPSON ALEXANDER

 

NEXT MEETING 09/22/2009

 

ADJOURNMENT

 

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

 

Meeting was adjourned at 10:55 AM.