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CONTRACTORS LICENSE BOARD Professional and Vocational Licensing Division Department of Commerce and Consumer Affairs State of Hawaii Minutes of Meeting Date : Thursday, August 18, 2011 Place : Queen Liliuokalani Conference Room, King Kalakaua Building Department of Commerce and Consumer Affairs 335 Merchant Street, 1 st Flr., Honolulu, Hawaii 96813 Present : Neal Arita, Chairperson Randall B. C. Lau, Vice Chairperson Guy Akasaki, Member Anacleto “Joey” Alcantara, Jr., Member John E. K. Dill, Member William Kamai, Member Peter Lee, Member Harold Martin, Member Aldon Mochida, Member John Polischeck, Jr., Member Denny R. Sadowski, Member Verna Oda, Executive Officer Charlene L.K. Tamanaha, Executive Officer Rodney J. Tam, Deputy Attorney General Jan Shimizu, Secretary Excused : Daryl Suehiro, Member Gerald Yamada, Member Guests : Rene Figueredo Randy Potochney, BMK Construction LLC Hulilauakea Wilson Kawai Cheang Ryan Takahashi, HEMEP (Hawaii Electricians) Al Itamoto, Electrical Contractors Association Solomon W. Kaahaaina, Ironworkers Local 625 Ron Amemiya, Ironworkers Local 625 Arnold Wong, Ironworkers Stabilization Fund A. Makana Paris, HIWSF Shane Kalaola, Ironworkers Local 625 Laura Anderson, Ironworkers Local 625 Lance Inouye, GCA Glenn Nohara, GCA John Bustard, GCA Leonard Leong, GCA Rodney Nohara, GCA Gladys Hagemann, GCA Johnny Higa, GCA Ronald Yee, Wasa Electric Kawika Chun, Mutual Welding Daniel Woo, SIM Welding

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Page 1: CONTRACTORS LICENSE BOARD - hawaii.govfiles.hawaii.gov/dcca/pvl/boards/contractor/board-meeting-minutes/... · Contractors License Board Minutes of the August 18, 2011 Meeting Page

CONTRACTORS LICENSE BOARD Professional and Vocational Licensing Division

Department of Commerce and Consumer Affairs State of Hawaii

Minutes of Meeting

Date: Thursday, August 18, 2011 Place: Queen Liliuokalani Conference Room, King Kalakaua Building Department of Commerce and Consumer Affairs 335 Merchant Street, 1st Flr., Honolulu, Hawaii 96813 Present: Neal Arita, Chairperson

Randall B. C. Lau, Vice Chairperson Guy Akasaki, Member Anacleto “Joey” Alcantara, Jr., Member John E. K. Dill, Member William Kamai, Member Peter Lee, Member Harold Martin, Member Aldon Mochida, Member John Polischeck, Jr., Member Denny R. Sadowski, Member

Verna Oda, Executive Officer Charlene L.K. Tamanaha, Executive Officer Rodney J. Tam, Deputy Attorney General Jan Shimizu, Secretary Excused: Daryl Suehiro, Member Gerald Yamada, Member Guests: Rene Figueredo Randy Potochney, BMK Construction LLC Hulilauakea Wilson Kawai Cheang Ryan Takahashi, HEMEP (Hawaii Electricians) Al Itamoto, Electrical Contractors Association Solomon W. Kaahaaina, Ironworkers Local 625 Ron Amemiya, Ironworkers Local 625 Arnold Wong, Ironworkers Stabilization Fund A. Makana Paris, HIWSF Shane Kalaola, Ironworkers Local 625 Laura Anderson, Ironworkers Local 625 Lance Inouye, GCA Glenn Nohara, GCA John Bustard, GCA Leonard Leong, GCA Rodney Nohara, GCA Gladys Hagemann, GCA Johnny Higa, GCA Ronald Yee, Wasa Electric Kawika Chun, Mutual Welding Daniel Woo, SIM Welding

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 2 Greg Ewart, JS International Inc. Rocky Reid, JS International Inc. Doug Ewart, South Pacific Steel Glory C. Roxiduen, F. Roxiduen Welding Dustin Swanson, Swanson Steel Ed Hoo, Aloha Steel Peter A. Gannaban, Laborers Union Alfonso Oliver, Laborers Union Ryan Kobayashi, Pacific Resource Partnership Lorna Woo, IUPAT DC50 Nathaniel Kinney, IUPAT DC 50 Peter Akamu, IBEW Local 1186 Gary B. K. T. Lee, Contractors Recovery Fund Attorney Call to Order: There being a quorum present, Chairperson Arita called the meeting to order at

8:35 a.m. Agenda: The agenda for this meeting was filed with the Office of the Lieutenant Governor,

as required by Hawaii Revised Statutes (“HRS”) section 92-7(b). Minutes: It was moved by Mr. Martin, seconded by Mr. Lee, and unanimously carried to

approve the meeting minutes and executive session minutes of July 22, 2011, as circulated.

Amendments to Agenda: None. Chapter 91, HRS, Chairperson Arita called for a recess from the Board’s meeting at Adjudicatory 8:35 a.m. to discuss and deliberate on the following adjudicatory matters Matters: pursuant to HRS chapter 91.

1. Settlement Agreements

a. In the Matter of the Contractor’s License of Constante O. Medina, individually and doing business as Voltage Electric; CLB 2010-414-L

A complaint was filed with RICO alleging that Constante O. Medina failed

to secure workers’ compensation insurance for a period of three months for four employees and performed work under an expired trade name.

The Board discussed the settlement agreement for Respondent Medina, who does not admit to violating any law or rule, but agrees to pay a fine of $3,000.00.

After discussion, it was moved by Mr. Martin, seconded by Mr. Kamai, and unanimously carried to approve the Settlement Agreement Prior to Filing of Petition for Disciplinary Action and Board’s Final Order in the above case.

b. In the Matter of the Contractor’s License of Matthew R. Houar dba

Tropical Wholesale; CLB 2007-104-L and CLB 2010-165-L

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RICO received complaints alleging that Respondent Houar performed poor workmanship and failed to complete a project, failed to honor his warranty on a window installation project on another residence, failed to comply with the Board’s chapter or rules, failed to provide the required contract disclosures, failed to include the homeowner contract provisions, and misrepresented a material fact on his 2008 renewal application by answering “no” to the question if there are any liens or judgments against him, as he had a federal tax lien filed against him.

Respondent Houar denies the above allegations but enters into the

settlement agreement as a compromise, and agrees to pay an administrative fine of $3,500.00.

After discussion, it was moved by Mr. Martin, seconded by Mr. Mochida, and unanimously carried to approve the Settlement Agreement Prior to Filing of Petition for Disciplinary Action and Board’s Final Order in the above case.

c. In the Matter of the Contractors Licenses of Construction One Inc.,

doing business as Construction One of Ohio, and Robert C. Moberger; CLB 2011-21-L

RICO received a complaint alleging that Respondents Construction One

Inc. and Robert C. Moberger failed to follow licensing laws relating to workers’ compensation, and Respondent Moberger, as RME, was not in residence in the State while the project to renovate condominiums was ongoing.

Respondents do not admit to violating any law or rule, but agree to pay an

administrative fine, jointly and severally, in the amount of $11,700.00.

After discussion, it was moved by Mr. Martin, seconded by Mr. Lee, and unanimously carried to approve the Settlement Agreement Prior to Filing of Petition for Disciplinary Action and Board’s Final Order in the above case.

2. Board’s Final Orders

a. In the Matter of the Contractor’s Licenses of Glenview Construction,

LLC fka Glenview Construction, Inc., and Daral T. Fujio, RME; CLB 2009-322-L

The Board discussed the Hearings Officer’s Findings of Fact, Conclusions

of Law and Recommended Order for Glenview Construction, LLC fka Glenview Construction, Inc. (Glenview Construction, Inc. was converted to Glenview Construction, LLC effective September 24, 2009), and Daral T. Fujio, RME as follows:

(1) In May 2008, Pualani by the Sea Community Association

(“Pualani”) recorded a lien against Respondent Fujio in the amount of $1,228.72 for unpaid assessments. In April 2011, Pualani and Respondent Fujio agreed to a payment plan proposal, at which time the amount owed by Respondent

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Fujio was in excess of $3,000.00. As of the date of the hearing on May 11, 2011, Respondent Fujio had paid off most of the amount owed to Pualani.

(2) In September 2008, an assumpsit action against Glenview

Construction, Inc. and Respondent Fujio was filed by the Kiyonaga’s alleging that Respondents had breached a construction contract. In May 2009, a judgment was entered in favor of the Kiyonaga’s in the amount of $14,211.35; however, as of the date of the hearing, the judgment remained unsatisfied.

(3) In September 2008, Island Cedar, Inc. and Dan Hawkins

(“Plaintiffs”) filed a breach of contract against Glenview Construction, Inc. and Respondent Fujio alleging that they failed to pay Plaintiffs for services rendered and products sold and delivered to Glenview Construction and Respondent Fujio, which were used in various construction projects. In May 2009, a judgment was entered in favor of Plaintiffs and against Glenview Construction, Inc. and Respondent Fujio in the amount of $55,694.44; however, as of the date of the hearing, the judgment remained unsatisfied.

(4) In contractor license renewal periods September 2008 and

September 2010, and restoration of the license in November 2010, Respondent Fujio answered “no” to the question, “Are there any liens or judgments against you?” on the renewal and restoration applications for himself and Glenview Construction, Inc.

Because of their history, the Hearings Officer recommended that

Respondents’ licenses be revoked but that such revocation be suspended to give them an opportunity to pay off their obligations. If Respondents fail to comply with the following conditions, then the suspension or revocation will immediately expire, and the licenses will be immediately revoked.

(1) Respondent Fujio shall fully pay off the lien of Pualani, and

provide evidence to RICO of a recorded release of the lien no later than 30 days from the date of the Board’s Final Order.

(2) Respondents shall pay off the Kiyonaga judgment and

provide evidence of a recorded satisfaction to RICO no later than 6 months from the date of the Board’s Final Order.

(3) Respondents shall jointly pay a fine in the amount of

$5,000.00 no later than 8 months from the date of the Board’s Final Order.

(4) Respondents shall have fully paid off the Hawkins judgment,

and provide evidence to RICO of a recorded satisfaction of

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that judgment no later than 1 year from the date of the Board’s Final Order.

(5) Respondents shall rent a post office box for receipt of their

business mail, and provide evidence of the post office address to RICO and the Board, no later than 30 days from the date of the Board’s Final Order.

(6) Respondents’ licenses shall be revoked but such revocation

be suspended as long as Respondents are in compliance with the above conditions.

After discussion, it was moved by Mr. Lee, seconded by Mr. Martin, and

unanimously carried to adopt the Hearings Officer’s recommended order as the Board’s Final Order.

Following the Board’s review, deliberation and decisions in these matters,

pursuant to HRS chapter 91, Chairperson Arita announced that the Board was reconvening to its open meeting at 8:45 a.m.

Appearances Before the Board: a. Randy L. Potochney, RME BMK Construction LLC (Additional classification) C-31 Masonry C-49 Swimming pool Executive At 8:46 a.m., it was moved by Mr. Martin, seconded by Mr. Lau, and Session: unanimously carried to enter into Executive Session pursuant to HRS section 92-

5(a)(1) to consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in HRS section 26-9, and to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).

At 9:10 a.m., it was moved by Mr. Lau, seconded by Mr. Dill, and unanimously

carried to move out of executive session and to reconvene to the Board’s regular order of business.

After discussion, it was moved by Mr. Mochida, seconded by Mr. Dill, and

unanimously carried to amend Mr. Potochney’s application for licensure from the C-31 to C-31a Cement concrete classification and to defer his application pending additional projects for the C-31a and C-49 classifications.

The Board continued with the appearance of Hulilauakea K. K. Wilson. e. Hulilauakea K. K. Wilson (Individual) “B” General Building C-17 Excavating, grading & trenching Executive At 9:15 a.m., it was moved by Mr. Dill, seconded by Mr. Potochney, and Session: unanimously carried to enter into Executive Session pursuant to HRS section 92-

5(a)(1) to consider and evaluate personal information relating to individuals

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applying for professional or vocational licenses cited in HRS section 26-9, and to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).

At 9:20 a.m., it was moved by Mr. Mochida, seconded by Mr. Sadowski, and

unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

After discussion, it was moved by Mr. Mochida, seconded by Mr. Sadowski, and

unanimously carried to approve Mr. Wilson’s application for licensure in the C-17 classification and withdrawal of the “B”.

The Board continued with Mr. Figueredo’s appearance. d. Rene A. Figueredo (Individual) “B” General Building Executive At 9:21 a.m., it was moved by Mr. Sadowski, seconded by Mr. Kamai, and Session: unanimously carried to enter into Executive Session pursuant to HRS section 92-

5(a)(1) to consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in HRS section 26-9, and to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).

At 9:30 a.m., it was moved by Mr. Sadowski, seconded by Mr. Alcantara, and

unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

After discussion, it was moved by Mr. Sadowski, seconded by Mr. Dill, and

unanimously carried to defer Mr. Figueredo’s application pending submittal of additional “ground-up” projects.

The Board continued with the appearances. b. Tevita Tongotea, Jr., RME (Additional classification) H. T. M. Contractors Inc. “A” General Engineering Mr. Tongotea was not present.

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c. Timothy S. Bauman, RME Stellar J. Corporation “A” General Engineering Mr. Bauman was not present.

f. Kawai Cheang License Examination Executive At 9:33 a.m., it was moved by Mr. Mochida, seconded by Mr. Dill, and Session: unanimously carried to enter into Executive Session pursuant to HRS section 92-

5(a)(1) to consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in HRS section 26-9, and to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).

At 9:50 a.m., it was moved by Mr. Dill, seconded by Mr. Lee, and unanimously

carried to move out of executive session and to reconvene to the Board’s regular order of business.

After discussion, it was moved by Mr. Mochida, seconded by Mr. Akasaki, and

unanimously carried to defer Mr. Tongotea’s appearance in the “A” classification, and to deny Mr. Bauman’s application for licensure in the “A” General Engineering classification.

The Board also reaffirmed its decision at the May 19, 2011 meeting that

Mr. Cheang ‘s exam be invalidated and that he be suspended from taking the contractor’s exam for three years.

The agenda was taken out of order and continued with Examination Committee. Committee 1. Examination Committee: Reports: Guy Akasaki, Chairperson The Contractors Examination Summary report for July 2011 was distributed for the

Board’s information. 2. Recovery/Education Fund Committee: Executive At 9:51 a.m., it was moved by Mr. Lee, seconded by Mr. Martin, Session: and unanimously carried to enter into Executive Session pursuant to HRS section

92-5(a)(4) to consult with Gary B.K.T. Lee, the Board’s recovery fund attorney, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities; pursuant to HRS section 92-5(a)(1) to consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in HRS section 26-9; and to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 8 At 10:24 a.m., it was moved by Mr. Dill, seconded by Mr. Lau, and unanimously

carried to move out of executive session and to reconvene to the Board’s regular order of business.

Mr. Sadowski was excused from the meeting. Recess: Chairperson Arita called for a short recess at 10:25 a.m. The Board reconvened at 10:27 a.m. The agenda was taken out of order and continued with “Appearances Before the

Board, g. Ronald Yee, Chairman/CEO, Wasa Electrical Services, Inc.” g. Ronald Yee, Chairman/CEO Wasa Electrical Services, Inc. License required to bid Ronald Yee of Wasa Electrical Services, Inc. stated that their company submitted

a proposal as a subcontractor for Sumitomo-Mitsubishi to provide the electrical work for the rail car project, and the low bidder, Ansaldo, won the bid. Mr. Yee brought a copy of an affidavit that he claims Ansaldo submitted as part of their proposal saying that they do not have a license but are currently in the process of obtaining one. Mr. Yee stated that the project consists of building the rail cars and installing the infrastructure. The electrical work alone costs over $100,000,000.

Mr. Yee stated he asked to appear before the Board to ask whether a license is

required to submit a bid. He also stated that a complaint has been filed with RICO. Executive Officer Oda informed Mr. Yee that it is the Board’s general interpretation

that a contractor’s license is required to submit a bid on contracting work. In this particular case, because no specifications were submitted to the Board, the Board cannot comment on the case brought up by Mr. Yee. However, as a general matter, if work falls within the definition of a “contractor” in HRS chapter 444, a contractor’s license is required to submit a bid on such work.

The agenda was taken out of order by continuing with “Committee Reports, 5.

Investigation Committee”. 5. Investigation Committee: Neal Arita, Chairperson

a. Proposed amendments to Subchapter 6, HAR, to codify the scope of work of the “A” General Engineering, “B” General Building, and “C” specialty license classifications.

Chairperson Arita opened the floor to those who wished to comment on the

above issue. Lance Inouye, representing GCA, asked if the Investigation Committee

made any decision after reviewing the comments from various associations, unions, etc. He stated that GCA’s request is in response to a decision by a Hearings Officer on the Bolton bid protest case. Mr. Inouye

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stated that because of the Okada Trucking ruling, GCA’s intention is to help the Board codify their rules.

Glenn Nohara of GCA also testified that GCA feels it is important to have

the rules amended to aid the procurement office when putting out bids and asking for the proper license classification, and the Hearings Office to make decisions on bid protest cases. GCA believes the Hearings Officer on the Bolton case only referred to the Board’s rules and not the laws when making his decision.

Arnold Wong, on behalf of George Paris of the Ironworkers, thanked the

Investigation Committee for at least investigating the issues, but felt this matter should not be pursued through rule amendments.

Peter Gannaban brought up a concern by the Laborers Union that the

Board’s letter requesting comments and testimonies by various associations, unions, etc., was not sent to them. The Laborers Union requested that they be put on the list so they could comment.

Chairperson Arita then reported on the investigation committee

(“Committee”) findings and recommendations. The Committee met in June and August 2011after comments and testimonies were received.

The Committee received comments from various trade organizations and

companies, and felt the proposed language will not provide significant clarity of the scope of the “A” and “B” contractors and will not alleviate bid protests, but they do think there needs to be some work done on the rules. The Committee is also still investigating issues raised by the Electrical Contractor’s Association of Hawaii in its comments regarding the installation of duct lines by “A” general engineering contractors.

The Board informed everyone present that if there is a scope issue on bid

protests, it would be best to contact the Board for an informal opinion before filing a protest.

Mr. Inouye stated that Bolton did contact the Board and got a verbal

response that the “A” license is required to perform the work on that particular project.

Chairperson Arita stated that it may have been after the fact that the Board

was contacted and that it should have been brought to the Board for determination before it went to the Hearings Office.

Deputy Attorney General Tam suggested that if there are any scope issues

or questions on a project, the best approach is to present it to the Board as soon as possible and get something in writing rather than verbally.

Mr. Inouye again reiterated that GCA’s proposal is to make it easier for the Board to justify scope issues. The State paid 44% more on the Bolton case because it went to the second bidder.

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 10 Deputy Attorney General Tam stated that under HRS section 92-2.5, the

Committee makes a recommendation to the Board at this meeting, and the Board deliberates and makes a decision at a subsequent meeting.

With the arrival of Gary Lee, recovery fund attorney, the agenda was taken out of

order so Mr. Lee could present his report. Committee Reports: 2. Recovery/Education Fund Committee: Executive At 11:15 a.m., it was moved by Mr. Lee, seconded by Mr. Martin, Session: and unanimously carried to enter into Executive Session pursuant to HRS section

92-5(a)(4) to consult with Gary B.K.T. Lee, the Board’s recovery fund attorney, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.

At 11:16 a.m., it was moved by Mr. Akasaki, seconded by Mr. Mochida, and

unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

Executive At 11:17 a.m., it was moved by Mr. Kamai, seconded by Mr. Alcantara, and Session: unanimously carried to enter into Executive Session to consult with Rodney J.

Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).

At 11:45 a.m., it was moved by Mr. Lau, seconded by Mr. Lee, and unanimously

carried to move out of executive session and to reconvene to the Board’s regular order of business.

Committee Reports: 6. Scope of Activity Committee: Gerald Yamada, Chairperson

County of Kauai The County of Kauai requests determination on the license required to reconstruct the base course on a roadway resurfacing project. The base will be replaced with cement-treated base (“CTB”), which consists of using the existing base course and asphalt pavement mixed with water and cement. They are asking whether the C-31a Cement concrete may perform the CTB work, or if a C-34 Soil stabilization license is required.

Recommendation: The C-3 Asphalt paving and surfacing, C-31 Masonry, C-31a Cement concrete, or the C-34 Soil stabilization license is required to perform the above work.

Regenerations Botanical Garden Regenerations Botanical Garden requests determination on whether a license is

required to install a food garden at a Dept. of Health facility on Kauai, whose

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purpose is to provide a healthy outdoor activity for the facility’s members, and to provide fresh fruits and vegetables for the facility’s kitchen. Work includes:

(1) Removing existing vegetation (small trees and shrubs) (2) Installing a perimeter fence (3) Installing an irrigation system (4) Tilling the soil (5) Garden bed creation/shaping (6) Planting of fruit and nitrogen-fixing trees

They also believe, and is requesting determination that, the above activities are agricultural and do not require a contractor’s license.

The plans also call for a level footprint for the construction of a greenhouse, construction of the greenhouse, and creation of a cement path for ADA accessibility. They are planning to hire a licensed contractor for the construction of the greenhouse and the level footprint for the construction of the greenhouse, but are requesting whether a contractor’s license is required to install the cement path for ADA accessibility

Recommendation: While the components of the garden are agricultural in nature,

a contractor’s license is required for the installation of the perimeter fence. A contractor’s license is also required to install the cement path.

The Dept. of Health will have to contract directly with the licensed contractor

regarding the above items, and they should check with the county to determine whether a permit is required to install the cement path.

After discussion, it was moved by Mr. Lee, seconded by Mr. Dill, and unanimously

carried to approve the above scope recommendations. Recess: Chairperson Arita called for a short recess at 12:30 p.m. The Board reconvened at 12:35 p.m. The agenda was taken out of order and continued with “Legislation Committee”,

“Rules Committee”, “Conditional License Report”, and “Applications Committee”.

3. Legislation Committee: Denny Sadowski, Chairperson

None. 4. Rules Committee:

Randall B. C. Lau, Chairperson

None. 7. Conditional License Report Verna Oda, Executive Officer Sione Filimoehala (Individual)

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 12 The Board discussed Mr. Filimoehala’s request for a conditional license. He is

reapplying for the C-31 Masonry classification, so experience is not an issue; however, he has a federal tax lien and numerous credit account issues.

After discussion, it was moved by Mr. Lee, seconded by Mr. Akasaki, and

unanimously carried to deny Mr. Filimoehala’s request for a conditional license.

8. Applications Committee: Daryl Suehiro, Chairperson

Executive Officer Oda, in Mr. Suehiro’s absence, presented the Applications Committee report:

New 1. Request for Change in Business Status: Business: SC-1 Perfecto M. Acosta, RME ISPECS Inc. Licensed: “A” General Engineering “B” General Building Request: Dual status (Perfecto Engineering & Construction Services Inc.) Recommend: Deferral SC-2 Ryder P. Austin-Swatek, RME H Nu Solar LLC (Additional classification) Licensed: “B” General Building Request: Reactivate Recommend: Approval SC-3 Bradley G. Carvalho, RME Big Island Mechanical & (Additional classification) Construction LLC Licensed: C-27 Landscaping C-32 Ornamental, guardrail & fencing Request: Reactivate Recommend: Denial SC-4 Climatrol Hawaii Inc. Charles Thomas Bellman, RME Licensed: C-5 Cabinet, millwork, & carpentry remodeling & repairs Request: Reactivate Recommend: Approval subject to $16,000 bond SC-5 Lolo Builders LLC Joel F. Lolo, Sr., RME Licensed: “B” General Building C-31 Masonry Request: Reactivate Recommend: Deferral

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 13 SC-6 Malafu Contractors LLC Matthew H. Deal, RME Licensed: “B” General Building Request: Reactivate Recommend: Deferral SC-7 Lyle R. Moody, RME Walker-Moody Asphalt Maintenance Ltd. Licensed: “A” General Engineering “B” General Building C-31 Masonry C-48 Structural steel Request: Dual status (Walker-Moody Construction Co. Ltd.) Recommend: Approval SC-8 Narito Sheetmetal & Mechanical Corporation Lance C. Narito, RME (Additional classification) Licensed: “B” General Building Request: Reactivate Recommend: Deferral SC-9 Delfin Ng, RME Sodexo Construction Inc. Licensed: “B” General Building Request: Reactivate Recommend: Approval SC-10 Vincent T. Tai (Individual) Licensed: “B” General Building Request: Reactivate Recommend: Approval SC-11 Edward A. Vares (Individual) Licensed: “B” General Building C-17 Excavating, grading & trenching Request: RME to sole Recommend: Deferral SC-12 Peter V. Walburn, RME Photonworks Engineering LLP (Additional classification) Licensed: “B” General Building Request: Reactivate Recommend: Approval

It was moved by Mr. Mochida, seconded by Mr. Lee, and unanimously carried to approve the above recommendations.

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 14

2. Request for Waiver of Bond Requirement WB-1 Michael J. Conway (Individual) Licensed: C-9 Cesspool C-17 Excavating, grading & trenching C-43 Sewer, sewage disposal, drain, and pipe laying Request: Waiver of $24,000 bond Recommend: Lower to $5,000 bond WB-2 Hamakua Framing and Structure Inc. Matthew R. Charbonneau, RME Licensed: “B” General Building Request: Waiver of $5,000 bond Recommend: Approval WB-3 Parsons Constructors Inc. Darrell G. Fernandez, RME Licensed: “B” General Building Request: Waiver of $1,000,000 bond Recommend: Lower to $679,000 bond WB-4 Jack T. Shizuru, Jr. (Individual) Licensed: C-5 Cabinet, millwork, & carpentry remodeling & repairs C-7 Carpet laying C-21 Flooring C-51 Tile Request: Waiver of $17,000 bond Recommend: Lower to $15,000 bond The Applications Committee reviewed the financial statements and documentation

provided, and makes the above recommendations. It was moved by Mr. Mochida, seconded by Mr. Lee, and unanimously carried to

approve the request for waiver of bond in item WB-2, and lowering of bond in items WB-1, WB-3, and WB-4.

Applications Approve applications, subject to all requirements except examinations. A: 1. Alpha Inc. (Additional classification) Wayne I. Arakaki, RME “A” General Engineering “B” General Building C-57 Well 2. Artistic Builders Corporation (Additional classification) Andrew K. Thompson, RME C-33 Painting & decorating

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 15 3. Cisneros Terrazzo Inc. Jose A. Cisneros, RME C-51b Terrazzo C-55 Waterproofing Bond: $11,000 4. Construction Systems Hawaii LLC (Additional classification) Cary S. Shimamoto, RME C-48 Structural steel 5. Critchfield Pacific Inc. (Additional classification) James T. Quilinderino, Jr., RME C-15 Electronic systems 6. Distribution Systems Inc. Lanny E. Hoover, RME “B” General Building 7. 1st Services LLC Raymond R. Munos, RME “A” General Engineering 8. First Pacific Builders LLC Anacleto S. Alcantara, Jr., RME “A” General Engineering “B” General Building C-1 Acoustical & insulation C-31 Masonry C-33b Taping C-36 Plastering 9. Granite Mill & Fixture Company Wayne Gary Sandberg, Jr., RME C-5 Cabinet, millwork, & carpentry remodeling & repairs 10. H Nu Solar LLC (Additional classification) Ryder P. Austin-Swatek, RME (Reactivate) “B” General Building 11. Iniki Enterprises Limited (Additional classification) Gary D. Lewis, RME “B” General Building C-33 Painting & decorating 12. JKW Construction Company LLC Daniel G. Ching, RME “A” General Engineering “B” General Building C-31 Masonry C-41 Reinforcing steel C-48 Structural steel

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 16 13. Harry H. Joh Construction Inc. Young Dal Kim, RME “B” General Building 14. Photonworks Engineering LLP (Additional classification) Peter V. Walburn, RME (Reactivate) “B” General Building 15. Frank Ayon Silvas (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs Bond: $9,000 16. Sodexo Construction Inc. Delfin Ng, RME (Reactivate) “B” General Building 17. Structural Builders Hawaii Inc. Jeoffrey S. Cudiamat, RME “A” General Engineering “B” General Building C-31 Masonry Bond: $48,000 18. Sunpower Corporation Systems (Additional classification) Neil T. Delucenay, RME “A” General Engineering 19. WKC Remodeling Inc. Wah Kin Chu, RME “B” General Building Bond: $17,000 20. Walker-Moody Asphalt Maintenance Ltd. Lyle R. Moody, RME (Dual status – Walker- “A” General Engineering Moody Construction Co. “B” General Building Ltd.) C-31 Masonry C-48 Structural steel 21. White Construction Inc. dba White Construction of Indiana John P. Roehm, RME “A” General Engineering

It was moved by Mr. Mochida, seconded by Mr. Lee, and carried to approve items A-1 through A-21 (with Mr. Alcantara recused himself from voting for item A-8) as recommended by the Applications Committee subject to all requirements for licensure excluding examinations.

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 17 Applications Approve applications; subject to all requirements including B: examinations in Parts I and II, except as otherwise noted. 1. AB Custom Tile LLC Adam L. Batungbacal, RME C-51 Tile 2. Andrew N. Abalos (Individual) C-22a Glass tinting Bond: $21,000 3. All Seasons Commercial Division Inc. William K. Akins, RME C-22 Glazing & tinting 4. BC Construction LLC Reynold K. Borges, RME “B” General Building “A” General Engineering (approve 7/11) 5. George R. Bradshaw, RME (Additional classification) Underground Construction Co. Inc. C-15 Electronic systems 6. Sheldon A. Ceria (Individual) ”B” General Building C-17 Excavating, grading & trenching (withdraw) C-21 Flooring (withdraw) C-37a Sewer & drain line (withdraw) C-40 Refrigeration (withdraw) C-42 Roofing (withdraw) C-43 Sewer, sewage disposal, drain, & pipe laying (withdraw) C-51 Tile (withdraw) C-52 Ventilating & air conditioning (withdraw) C-55 Waterproofing (withdraw) 7. Clayco Inc. Steven R. Sieckhaus, RME “B” General Building 8. Christian Coetzee (Individual) (Additional classification) C-5 Cabinet, millwork, & carpentry remodeling & repairs “B” General Building (deny) 9. Keith K. Condon, RME Ekolu Kane Inc. C-22a Glass tinting

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 18 10. Credo Construction Inc. (Additional classification) Lyle T. Lapinsky, RME C-32 Ornamental, guardrail, & fencing C-48 Structural steel C-42 Roofing (withdraw) 11. D. C. Building Inc. Dustin S. Gruetter, RME “B” General Building 12. Douglas Emmett Builders Hawaii LLC William M. Hughes, RME “B” General Building Bond: $25,000 13. Estes Refractory & Insulation of Louisiana Inc. John W. Rutledge, RME C-4 Boiler, hot-water heating & steam fitting 14. Keith W. Fitch-McConnell (Individual) C-61a Solar hot water systems C-37 Plumbing (approve 7/11) 15. GCM Construction LLC Galen C. Mew, RME “B” General Building 16. GP Roadway Solutions Inc. (Additional classification) David M. Takiguchi, RME “A” General Engineering C-3a Asphalt concrete patching, sealing, & striping C-14 Sign C-33c Surface treatment (GP Roadway Solutions Inc.) C-41 Reinforcing steel (GP Roadway Solutions Inc.) 17. Global Technology Corporation David G. Muldoon, RME C-15 Electronic systems Bond: $11,000 18. Gridpoint Services LLC Wallace W. Ridgeway, RME C-60 Solar power systems C-13 Electrical (deny) 19. Hawaii Dream Turf LLC Dale M. Belvin, RME C-27 Landscaping C-68FF Synthetic field surface (deny)

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 19 20. JK Construction LLC Jeremiah T. Kamikawa, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs 21. Lando’s Tile & Construction Inc. (Additional classification) Jack W. Lando, RME “B” General Building C-3b Play court surfacing (approve 7/11) 22. Shane M. Lau, RME (Additional classification) American Piping & Boiler Co. “A” General Engineering “B” General Building C-13 Electrical 23. Laustalot Construction Inc. Thomas C. Laustalot, RME “B” General Building Bond: $31,000 24. Ledcor Construction Hawaii LLC (Additional classification) David Sinclair, RME C-31 Masonry C-41 Reinforcing steel C-55 Waterproofing 25. Richard A. Lopes, Jr., RME (Additional classification) Relo Construction Inc. C-57 Well 26. M & R Roofing and Raingutters LLC (Additional classification) Roger B. Borce, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs 27. Madison Industries John S. Frey, Jr., RME “B” General Building C-48 Structural steel (defer) Bond: $599,000 28. Robert Man (Individual) C-33 Painting & decorating Bond: $23,000 29. Richard L. Merrick (Individual) “B” General Building Bond: $17,000 30. Danregis K. Palakiko-Hinch (Individual) C-27 Landscaping

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 20 31. R. Scott Pingrey (Individual) “A” General Engineering 32. Red Oaks Construction LLC Thomas J. Stallsmith, RME “B” General Building 33. Republic Refrigeration Inc. Walter F. Teeter, RME C-40 Refrigeration 34. Saarman Construction Ltd. Chih-Cheng Tsai, RME “B” General Building 35. Jean G. Schnetzler (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs C-33 Painting & decorating C-51 Tile (defer) 36. Singleton Electric Inc. Joel S. Mascolo, RME C-13 Electrical 37. Brian J. Stein (Individual) “B” General Building 38. Petar Stoyanov, RME Replumb With Us Inc. C-37 Plumbing C-61 Solar energy systems 39. Karl S. Van Zandt, RME TMRK Hawaii Inc. C-33 Painting & decorating 40. Vaughn Bay Construction Inc. Paul W. Page, RME “B” General Building 41. Hulilauakea K. K. Wilson (Individual) C-17 Excavating, grading & trenching “B” General Building (withdraw) Bond: $9,000 42. Jit W. Wong, RME (Additional classification) JW Electric and Plumbing LLC C-37 Plumbing

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 21 43. Brian R. Woolsey (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs “B” General Building (deny) It was moved by Mr. Mochida, seconded by Mr. Lee, and unanimously carried to

approve items B-1 through B-43 as recommended by the Applications Committee, subject to all requirements for licensure including examinations.

Applications Withdraw applications; previously deferred. C: 1. Sheldon A. Ceria (Individual) C-17 Excavating, grading & trenching C-21 Flooring C-37a Sewer & drain line C-40 Refrigeration C-42 Roofing C-43 Sewer, sewage disposal, drain, & pipe laying C-51 Tile C-52 Ventilating & air conditioning C-55 Waterproofing ”B” General Building (approve) 2. Credo Construction Inc. (Additional classification) Lyle T. Lapinsky, RME C-42 Roofing C-32 Ornamental, guardrail, & fencing (approve) C-48 Structural steel (approve) 3. Hulilauakea K. K. Wilson (Individual) “B” General Building C-17 Excavating, grading & trenching (approve) Applications Deny applications; failure to show requisite experience and/or failure to

D: show good reputation for honesty, truthfulness, financial integrity, and fair dealing.

1. Big Island Mechanical & (Additional classification) Construction LLC Bradley G. Carvalho, RME (Reactivate) C-27 Landscaping C-32 Ornamental, guardrail & fencing 2. Wesley Chan, RME RK Construction Company LLC (Additional classification) C-33 Painting & decorating C-42 Roofing

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 22 3. Christian Coetzee (Individual) (Additional classification) “B” General Building C-5 Cabinet, millwork, & carpentry remodeling & repairs (approve) 4. James L. Duarte (Individual) C-33 Painting & decorating 5. Gridpoint Services LLC Wallace W. Ridgeway, RME C-13 Electrical C-60 Solar power systems (approve) 6. Hawaii Dream Turf LLC Dale M. Belvin, RME C-68FF Synthetic field surface C-27 Landscaping (approve) 7. Ronald K. Keith, RME Biven’s Electric Inc. “B” General Building C-31 Masonry 8. Christopher Oxendine (Individual) (Additional classification) C-37 Plumbing 9. RMA Land Construction Inc. (Additional classification) Michael D. Thompson, RME C-13 Electrical 10. Silverline Security LLC Matthew T. Smith, RME C-15a Fire & burglar alarm 11. Stellar J. Corporation Timothy S. Bauman, RME “A” General Engineering 12. Russell H. Teves, RME Commercial Electric Inc. C-13 Electrical 13. Brian R. Woolsey (Individual) “B” General Building C-5 Cabinet, millwork, & carpentry remodeling & repairs (approve) 14. Song Lin Zhang (Individual) (Additional classification) C-37 Plumbing

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 23 It was moved by Mr. Mochida, seconded by Mr. Lee, and unanimously carried to

deny applications D-1 through D-14 as recommended by the Applications Committee.

Applications Defer applications; for further investigation or request for additional E: documentation. 1. Paulino A. Abad (Individual) “B” General Building C-31 Masonry C-33 Painting & decorating C-36 Plastering C-51 Tile 2. Alafale LLC Sautia Lave, RME C-42 Roofing 3. All Island Bath Remodeling LLC Guy K. Kakugawa, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs 4. Arcadia Painting Inc. Dean Richarde, RME C-33 Painting & decorating 5. Archive Decorative Finishing Company Robert E. Del Signore, RME C-12 Drywall C-36 Plastering C-33 Painting & decorating (approve 3/11) 6. Avar Construction Systems Inc. Michael A. Pagano, RME “A” General Engineering 7. Douglas K. Awai, Jr. (Individual) (Additional classification) C-41 Reinforcing steel 8. BMK Construction LLC (Additional classification) Randy L. Potochney, RME C-31 Masonry C-49 Swimming pool 9. Basalt LLC Tony R. Johnson, RME C-31a Cement concrete

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 24 10. Blue Moon Apple Inc. Tyler L. Hedemark, RME C-22a Glass tinting 11. California Sandblasting & Coating Inc. Roberto Robles, RME C-33 Painting & decorating 12. Scott A. Clark, RME Longhouse Development LLC “B” General Building 13. Clean Sewer Lines Hawaii Incorporated (Additional classification) Jonathan M. Madsen, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs 14. Concord General Contracting Inc. Dale A. Marr, RME “B” General Building 15. Cooling Tower Depot Inc. Michael A. Kast, RME C-68 Classified specialist 16. Covanta Projects Inc. Bradley J. Hooper, RME C-4 Boiler, hot-water heating & steam fitting C-56 Welding (approve) 17. Dalton Hydro LLC Todd J. Dorny, RME “B” General Building 18. Benito K. Deluna, Jr. (Individual) (Additional classification) C-9 Cesspool 19. Jeffrey A. Durham, RME C. C. Engineering & Construction Inc. C-41 Reinforcing steel C-48 Structural steel “A” General Engineering (approve 6/11) “B” General Building (approve 6/11) 20. ERM-West Inc. David F. Scrivner, RME “A” General Engineering

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 25 21. Evolution Builders LLC Cameron M. Heide, RME “B” General Building C-17 Excavating, grading & trenching C-31 Masonry 22. Penitila Faamoe (Individual) C-31 Masonry 23. Rene A. Figueredo (Individual) “B” General Building 24. Sione Filimoehala (Individual) C-31 Masonry 25. Garrett W. Fultz, RME Irwin Industries Inc. “A” General Engineering 26. Stephen S. Futa (Individual) “B” General Building 27. Brett P. Gontarek (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs 28. Ground Shakers Limited Liability Company Bushrod G. Meyers, RME C-17 Excavating, grading & trenching 29. Brian C. Hattal (Individual) C-40 Refrigeration C-52 Ventilating & air conditioning 30. Bronson S. Haunga (Individual) “B” General Building 31. Hawaii Industrial Structures Inc. (Additional classification) William R. Crocker, RME C-1 Acoustical & insulation C-20a Fire repressant systems C-42g Roof coatings 32. Timothy J. Hawks, RME RMA Land Construction Inc. (Additional classification) C-13 Electrical

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 26 33. Heritage Construction Inc. Shane T. Vincent, RME “A” General Engineering “B” General Building C-1 Acoustical & insulation C-12 Drywall C-36 Plastering 34. Christopher Hilacion (Individual) C-60 Solar power systems 35. Dean A. Huhane (Individual) “B” General Building 36. ISPECS Inc. Perfecto M. Acosta, RME (Dual status – Perfecto “A” General Engineering Engineering & Construction “B” General Building Services Inc.) 37. Ironwood Construction LLC Cliffton K. Bailey, Sr., RME “B” General Building 38. Island Window Tinting LLC Lance K. Gomes, RME C-22a Glass tinting 39. J5 Asphalt & Excavating Inc. Jacob L. Medeiros, RME C-3 Asphalt paving & surfacing C-17 Excavating, grading & trenching C-37a Sewer & drain line 40. Viliami P. Kaho (Individual) C-31 Masonry 41. Daren Kaneshiro, RME MD Cleaners LLC “B” General Building 42. Shane M. Kea (Individual) C-32 Ornamental, guardrail & fencing 43. Koa Systems Hawaii LLP Joey J. Kau, RME C-15a Fire & burglar alarm 44. George T. Krail (Individual) “B” General Building

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 27 45. Colin J. Lacno, RME American Piping & Boiler Co. “A” General Engineering C-13 Electrical 46. Anthony W. Laglia, RME Solarcity Corporation C-13 Electrical 47. Brian M. Lamb, RME Wastewater & Pump Specialties of Kona LLC “A” General Engineering C-37e Treatment & pumping facilities 48. Siaosi Lautaha (Individual) C-27 Landscaping C-31 Masonry 49. Allen S. Lee (Individual) “B” General Building 50. J. R. Lennen Construction Inc. Jack R. Lennen, RME “B” General Building 51. Isaac C. Lopes (Individual) “B” General Building 52. Andrew Lozano (Individual) “A” General Engineering 53. Madison Industries John S. Frey, Jr., RME C-48 Structural steel “B” General Building (approve) 61. Faleaka L. Masaniai (Individual) C-31 Masonry 62. Masterpiece Construction LLC Christopher Oxendine, RME “B” General Building C-51 Tile 63. Garth Masters Masonry Inc. Garth H. Masters, RME C-31 Masonry C-49 Swimming pool

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 28 64. Ricky R. Miles (Individual) C-42 Roofing C-60 Solar power systems 65. Ana F. Makoni, RME Niua Pacific LLC C-27 Landscaping 66. Andrew C. Matsik (Individual) “B” General Building 67. Robert W. McClintock (Individual) “B” General Building 68. Efren O. Nicolas (Individual) “B” General Building 69. Kenny Noe (Individual) “A” General Engineering “B” General Building (approve 6/11) 70. Powerhouse Solar Hub Hawaii LLC Jacob B. Thoene, RME “B” General Building C-61 Solar energy systems 71. R & L Ohana Insulation Inc. (Additional classification) Ronald G. Labanon, Jr., RME C-1 Acoustical & insulation 72. RPM Remodeling LLC Glen M. Yoshikane, RME “B” General Building C-5 Cabinet, millwork, & carpentry remodeling & repairs (approve 5/11) 73. E. M. Rivera and Sons Inc. Hiram P. Rivera, RME “A” General Engineering C-31b Stone masonry 74. Chris J. Ronco, RME Underground Construction Co. Inc. C-15 Electronic systems “A” General Engineering (approve 6/11) 75. Roofing Constructors, Inc. Mark G. Bledsoe, RME C-42 Roofing

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 29 76. Ross & Associates of River Falls Wisconsin Limited Daniel H. Ross, RME “B” General Building 77. Gerald Scheltens (Individual) “B” General Building 78. Jean G. Schnetzler (Individual) C-51 Tile C-5 Cabinet, millwork, & carpentry remodeling & repairs (approve) C-33 Painting & decorating (approve) 79. Patrick D. Senckowski, RME Purair Hawaii II Ltd. C-52 Ventilating & air conditioning 80. Dana M. Shaffer, RME Safety Systems Hawaii, Inc. C-14 Sign C-32 Ornamental, guardrail & fencing 81. Sok Su Inc. (Additional classification) Sok Su Kim, RME “B” General Building 82. Sokol Construction LLC Paul V. Sokolov, RME C-32 Ornamental, guardrail & fencing 83. Solar Rayes Services LLC Thomas Raye, RME C-13 Electrical C-40 Refrigeration C-60 Solar power systems C-61 Solar energy systems 84. William H. Stanley, II (Individual) C-3 Asphalt paving & surfacing 85. C. Summo Construction LLC (Additional classification) Christopher Summo, RME C-32 Ornamental, guardrail & fencing 86. Colin P. Thompson (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs C-24 Building, moving & wrecking

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Contractors License Board Minutes of the August 18, 2011 Meeting Page 30 87. Tevita Tongotea, Jr., RME (Additional classification) H. T. M. Contractors Inc. “A” General Engineering 88. 2005 Work Smart Corp. Edwin S. Valdez, RME C-25 Institutional & commercial equipment 89. UT & S Drywall Corp. Ubaldo Trujillo, RME C-12 Drywall 90. Universal Welding LLC Matthew F. Jumalon, RME C-48 Structural steel C-56 Welding 91. Philip J. Vaichis (Individual) “B” General Building 92. Woodstock Builders LLC Stanford G. Higuchi, RME “B” General Building 93. J. Wright & Associates Inc. John W. Bowers, RME C-7 Carpet laying C-51 Tile 94. XY Construction LLC Xiuyun xie, RME “B” General Building

It was moved by Mr. Mochida, seconded by Mr. Lee, and unanimously carried to accept the recommendations made by the Applications Committee on items E-1 through E-94. Owner-Builder Exemption Applications

Executive At 11:56 a.m., it was moved by Mr. Lee, seconded by Mr. Lau, and Session: unanimously carried to enter into Executive Session pursuant to HRS section 92-

5(a)(1) to consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in HRS section 26-9, and to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).

At 12:00 p.m., it was moved by Mr. Lee, seconded by Mr. Martin, and unanimously

carried to move out of executive session and to reconvene to the Board’s regular order of business.

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