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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: Place: Thursday, August 18, 2011 Queen Liliuokalani Conference Room, King Kalakaua Building Department of Commerce and Consumer Affairs 335 Merchant Street, 1st Flr., Honolulu, Hawaii 96813 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 Daryl Suehiro, Member Gerald Yamada, Member 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

Present:

Excused:

Guests:

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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. 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). 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.

Agenda:

Minutes:

Amendments to Agenda: Chapter 91, HRS, Adjudicatory Matters:

None. Chairperson Arita called for a recess from the Board's meeting at 8:35 a.m. to discuss and deliberate on the following adjudicatory 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 2010-414L

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. 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. 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.

(3)

(4)

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. 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. 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. Respondents shall have fully paid off the Hawkins judgment, and provide evidence to RICO of a recorded satisfaction of

(2)

(3)

(4)

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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. Respondents' licenses shall be revoked but such revocation be suspended as long as Respondents are in compliance with the above conditions.

(6)

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 C-31 Masonry C-49 Swimming pool

(Additional classification)

Executive Session:

At 8:46 a.m., it was moved by Mr. Martin, seconded by Mr. Lau, and unanimously carried to enter into Executive Session pursuant to HRS section 925(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 Session:

At 9:15 a.m., it was moved by Mr. Dill, seconded by Mr. Potochney, and unanimously carried to enter into Executive Session pursuant to HRS section 925(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 Session:

At 9:21 a.m., it was moved by Mr. Sadowski, seconded by Mr. Kamai, and unanimously carried to enter into Executive Session pursuant to HRS section 925(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 H. T. M. Contractors Inc. "A" General Engineering (Additional classification)

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 Session:

At 9:33 a.m., it was moved by Mr. Mochida, seconded by Mr. Dill, and unanimously carried to enter into Executive Session pursuant to HRS section 925(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 Reports:

1.

Examination Committee: Guy Akasaki, Chairperson

The Contractors Examination Summary report for July 2011 was distributed for the Board's information. 2. Executive Session: Recovery/Education Fund Committee:

At 9:51 a.m., it was moved by Mr. Lee, seconded by Mr. Martin, 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 925(a)(4).

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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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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: Executive Session:

2.

Recovery/Education Fund Committee:

At 11:15 a.m., it was moved by Mr. Lee, seconded by Mr. Martin, 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 Session:

At 11:17 a.m., it was moved by Mr. Kamai, seconded by Mr. Alcantara, and 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 925(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 C31a 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) (2) (3) (4) (5) (6) Removing existing vegetation (small trees and shrubs) Installing a perimeter fence Installing an irrigation system Tilling the soil Garden bed creation/shaping 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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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 Business: 1. Request for Change in Business Status: 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 Ryder P. Austin-Swatek, RME H Nu Solar LLC Licensed: "B" General Building Request: Reactivate Recommend: Approval

SC-2

(Additional classification)

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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SC-6

Malafu Contractors LLC Matthew H. Deal, RME Licensed: "B" General Building Request: Reactivate Recommend: Deferral 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 Narito Sheetmetal & Mechanical Corporation Lance C. Narito, RME Licensed: "B" General Building Request: Reactivate Recommend: Deferral Delfin Ng, RME Sodexo Construction Inc. Licensed: "B" General Building Request: Reactivate Recommend: Approval

SC-7

SC-8

(Additional classification)

SC-9

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 Licensed: "B" General Building Request: Reactivate Recommend: Approval

(Additional classification)

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

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

2.

(Additional classification)

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3.

Cisneros Terrazzo Inc. Jose A. Cisneros, RME C-51b Terrazzo C-55 Waterproofing Bond: $11,000 Construction Systems Hawaii LLC Cary S. Shimamoto, RME C-48 Structural steel Critchfield Pacific Inc. James T. Quilinderino, Jr., RME C-15 Electronic systems Distribution Systems Inc. Lanny E. Hoover, RME "B" General Building 1st Services LLC Raymond R. Munos, RME "A" General Engineering 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 Granite Mill & Fixture Company Wayne Gary Sandberg, Jr., RME C-5 Cabinet, millwork, & carpentry remodeling & repairs H Nu Solar LLC Ryder P. Austin-Swatek, RME "B" General Building Iniki Enterprises Limited Gary D. Lewis, RME "B" General Building C-33 Painting & decorating 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 (Additional classification) (Reactivate) (Additional classification)

4.

5.

(Additional classification)

6.

7.

8.

9.

10.

11.

(Additional classification)

12.

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13.

Harry H. Joh Construction Inc. Young Dal Kim, RME "B" General Building Photonworks Engineering LLP Peter V. Walburn, RME "B" General Building Frank Ayon Silvas (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs Bond: $9,000 Sodexo Construction Inc. Delfin Ng, RME "B" General Building Structural Builders Hawaii Inc. Jeoffrey S. Cudiamat, RME "A" General Engineering "B" General Building C-31 Masonry Bond: $48,000 Sunpower Corporation Systems Neil T. Delucenay, RME "A" General Engineering WKC Remodeling Inc. Wah Kin Chu, RME "B" General Building Bond: $17,000 Walker-Moody Asphalt Maintenance Ltd. Lyle R. Moody, RME "A" General Engineering "B" General Building C-31 Masonry C-48 Structural steel White Construction Inc. dba White Construction of Indiana John P. Roehm, RME "A" General Engineering (Additional classification) (Additional classification) (Reactivate)

14.

15.

16.

(Reactivate)

17.

18.

19.

20.

(Dual status ­ WalkerMoody Construction Co. Ltd.)

21.

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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Applications B:

Approve applications; subject to all requirements including examinations in Parts I and II, except as otherwise noted. 1. AB Custom Tile LLC Adam L. Batungbacal, RME C-51 Tile Andrew N. Abalos (Individual) C-22a Glass tinting Bond: $21,000 All Seasons Commercial Division Inc. William K. Akins, RME C-22 Glazing & tinting BC Construction LLC Reynold K. Borges, RME "B" General Building "A" General Engineering (approve 7/11) George R. Bradshaw, RME Underground Construction Co. Inc. C-15 Electronic systems 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) Clayco Inc. Steven R. Sieckhaus, RME "B" General Building Christian Coetzee (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs "B" General Building (deny) Keith K. Condon, RME Ekolu Kane Inc. C-22a Glass tinting (Additional classification) (Additional classification)

2.

3.

4.

5.

6.

7.

8.

9.

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

10.

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

(Additional classification)

11.

12.

13.

14.

15.

16.

(Additional classification)

(GP Roadway Solutions Inc.) (GP Roadway Solutions Inc.)

17.

18.

19.

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 Lando's Tile & Construction Inc. (Additional classification) Jack W. Lando, RME "B" General Building C-3b Play court surfacing (approve 7/11) Shane M. Lau, RME American Piping & Boiler Co. "A" General Engineering "B" General Building C-13 Electrical Laustalot Construction Inc. Thomas C. Laustalot, RME "B" General Building Bond: $31,000 Ledcor Construction Hawaii LLC David Sinclair, RME C-31 Masonry C-41 Reinforcing steel C-55 Waterproofing Richard A. Lopes, Jr., RME Relo Construction Inc. C-57 Well M & R Roofing and Raingutters LLC Roger B. Borce, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs Madison Industries John S. Frey, Jr., RME "B" General Building C-48 Structural steel (defer) Bond: $599,000 Robert Man (Individual) C-33 Painting & decorating Bond: $23,000 Richard L. Merrick (Individual) "B" General Building Bond: $17,000 Danregis K. Palakiko-Hinch (Individual) C-27 Landscaping (Additional classification) (Additional classification)

21.

22.

23.

24.

25.

(Additional classification)

26.

(Additional classification)

27.

28.

29.

30.

Contractors License Board Minutes of the August 18, 2011 Meeting Page 20

31.

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

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

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 C: Withdraw applications; previously deferred. 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) Credo Construction Inc. Lyle T. Lapinsky, RME C-42 Roofing C-32 Ornamental, guardrail, & fencing (approve) C-48 Structural steel (approve) Hulilauakea K. K. Wilson (Individual) "B" General Building C-17 Excavating, grading & trenching (approve) (Additional classification)

2.

3.

Applications D:

Deny applications; failure to show requisite experience and/or failure to show good reputation for honesty, truthfulness, financial integrity, and fair dealing. 1. Big Island Mechanical & Construction LLC Bradley G. Carvalho, RME C-27 Landscaping C-32 Ornamental, guardrail & fencing Wesley Chan, RME RK Construction Company LLC C-33 Painting & decorating C-42 Roofing (Additional classification) (Reactivate)

2.

(Additional classification)

Contractors License Board Minutes of the August 18, 2011 Meeting Page 22

3.

Christian Coetzee (Individual) "B" General Building C-5 Cabinet, millwork, & carpentry remodeling & repairs (approve) James L. Duarte (Individual) C-33 Painting & decorating Gridpoint Services LLC Wallace W. Ridgeway, RME C-13 Electrical C-60 Solar power systems (approve) Hawaii Dream Turf LLC Dale M. Belvin, RME C-68FF Synthetic field surface C-27 Landscaping (approve) Ronald K. Keith, RME Biven's Electric Inc. "B" General Building C-31 Masonry Christopher Oxendine (Individual) C-37 Plumbing RMA Land Construction Inc. Michael D. Thompson, RME C-13 Electrical Silverline Security LLC Matthew T. Smith, RME C-15a Fire & burglar alarm Stellar J. Corporation Timothy S. Bauman, RME "A" General Engineering Russell H. Teves, RME Commercial Electric Inc. C-13 Electrical Brian R. Woolsey (Individual) "B" General Building C-5 Cabinet, millwork, & carpentry remodeling & repairs (approve) Song Lin Zhang (Individual) C-37 Plumbing

(Additional classification)

4.

5.

6.

7.

8.

(Additional classification)

9.

(Additional classification)

10.

11.

12.

13.

14.

(Additional classification)

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

2.

3.

4.

5.

6.

7.

8.

(Additional classification)

9.

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 California Sandblasting & Coating Inc. Roberto Robles, RME C-33 Painting & decorating Scott A. Clark, RME Longhouse Development LLC "B" General Building Clean Sewer Lines Hawaii Incorporated Jonathan M. Madsen, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs Concord General Contracting Inc. Dale A. Marr, RME "B" General Building Cooling Tower Depot Inc. Michael A. Kast, RME C-68 Classified specialist Covanta Projects Inc. Bradley J. Hooper, RME C-4 Boiler, hot-water heating & steam fitting C-56 Welding (approve) Dalton Hydro LLC Todd J. Dorny, RME "B" General Building Benito K. Deluna, Jr. (Individual) C-9 Cesspool 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) ERM-West Inc. David F. Scrivner, RME "A" General Engineering (Additional classification) (Additional classification)

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

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 Penitila Faamoe (Individual) C-31 Masonry Rene A. Figueredo (Individual) "B" General Building Sione Filimoehala (Individual) C-31 Masonry Garrett W. Fultz, RME Irwin Industries Inc. "A" General Engineering Stephen S. Futa (Individual) "B" General Building Brett P. Gontarek (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs Ground Shakers Limited Liability Company Bushrod G. Meyers, RME C-17 Excavating, grading & trenching Brian C. Hattal (Individual) C-40 Refrigeration C-52 Ventilating & air conditioning Bronson S. Haunga (Individual) "B" General Building Hawaii Industrial Structures Inc. William R. Crocker, RME C-1 Acoustical & insulation C-20a Fire repressant systems C-42g Roof coatings Timothy J. Hawks, RME RMA Land Construction Inc. C-13 Electrical (Additional classification)

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

(Additional classification)

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 Christopher Hilacion (Individual) C-60 Solar power systems Dean A. Huhane (Individual) "B" General Building ISPECS Inc. Perfecto M. Acosta, RME "A" General Engineering "B" General Building Ironwood Construction LLC Cliffton K. Bailey, Sr., RME "B" General Building Island Window Tinting LLC Lance K. Gomes, RME C-22a Glass tinting J5 Asphalt & Excavating Inc. Jacob L. Medeiros, RME C-3 Asphalt paving & surfacing C-17 Excavating, grading & trenching C-37a Sewer & drain line Viliami P. Kaho (Individual) C-31 Masonry Daren Kaneshiro, RME MD Cleaners LLC "B" General Building Shane M. Kea (Individual) C-32 Ornamental, guardrail & fencing Koa Systems Hawaii LLP Joey J. Kau, RME C-15a Fire & burglar alarm George T. Krail (Individual) "B" General Building

34.

35.

36.

(Dual status ­ Perfecto Engineering & Construction Services Inc.)

37.

38.

39.

40.

41.

42.

43.

44.

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 Anthony W. Laglia, RME Solarcity Corporation C-13 Electrical Brian M. Lamb, RME Wastewater & Pump Specialties of Kona LLC "A" General Engineering C-37e Treatment & pumping facilities Siaosi Lautaha (Individual) C-27 Landscaping C-31 Masonry Allen S. Lee (Individual) "B" General Building J. R. Lennen Construction Inc. Jack R. Lennen, RME "B" General Building Isaac C. Lopes (Individual) "B" General Building Andrew Lozano (Individual) "A" General Engineering Madison Industries John S. Frey, Jr., RME C-48 Structural steel "B" General Building (approve) Faleaka L. Masaniai (Individual) C-31 Masonry Masterpiece Construction LLC Christopher Oxendine, RME "B" General Building C-51 Tile Garth Masters Masonry Inc. Garth H. Masters, RME C-31 Masonry C-49 Swimming pool

46.

47.

48.

49.

50.

51.

52.

53.

61.

62.

63.

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 Ana F. Makoni, RME Niua Pacific LLC C-27 Landscaping Andrew C. Matsik (Individual) "B" General Building Robert W. McClintock (Individual) "B" General Building Efren O. Nicolas (Individual) "B" General Building Kenny Noe (Individual) "A" General Engineering "B" General Building (approve 6/11) Powerhouse Solar Hub Hawaii LLC Jacob B. Thoene, RME "B" General Building C-61 Solar energy systems R & L Ohana Insulation Inc. Ronald G. Labanon, Jr., RME C-1 Acoustical & insulation RPM Remodeling LLC Glen M. Yoshikane, RME "B" General Building C-5 Cabinet, millwork, & carpentry remodeling & repairs (approve 5/11) E. M. Rivera and Sons Inc. Hiram P. Rivera, RME "A" General Engineering C-31b Stone masonry Chris J. Ronco, RME Underground Construction Co. Inc. C-15 Electronic systems "A" General Engineering (approve 6/11) Roofing Constructors, Inc. Mark G. Bledsoe, RME C-42 Roofing (Additional classification)

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

75.

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 Gerald Scheltens (Individual) "B" General Building Jean G. Schnetzler (Individual) C-51 Tile C-5 Cabinet, millwork, & carpentry remodeling & repairs (approve) C-33 Painting & decorating (approve) Patrick D. Senckowski, RME Purair Hawaii II Ltd. C-52 Ventilating & air conditioning Dana M. Shaffer, RME Safety Systems Hawaii, Inc. C-14 Sign C-32 Ornamental, guardrail & fencing Sok Su Inc. Sok Su Kim, RME "B" General Building Sokol Construction LLC Paul V. Sokolov, RME C-32 Ornamental, guardrail & fencing Solar Rayes Services LLC Thomas Raye, RME C-13 Electrical C-40 Refrigeration C-60 Solar power systems C-61 Solar energy systems William H. Stanley, II (Individual) C-3 Asphalt paving & surfacing C. Summo Construction LLC Christopher Summo, RME C-32 Ornamental, guardrail & fencing Colin P. Thompson (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs C-24 Building, moving & wrecking (Additional classification) (Additional classification)

77.

78.

79.

80.

81.

82.

83.

84.

85.

86.

Contractors License Board Minutes of the August 18, 2011 Meeting Page 30

87.

Tevita Tongotea, Jr., RME H. T. M. Contractors Inc. "A" General Engineering 2005 Work Smart Corp. Edwin S. Valdez, RME C-25 Institutional & commercial equipment UT & S Drywall Corp. Ubaldo Trujillo, RME C-12 Drywall Universal Welding LLC Matthew F. Jumalon, RME C-48 Structural steel C-56 Welding Philip J. Vaichis (Individual) "B" General Building Woodstock Builders LLC Stanford G. Higuchi, RME "B" General Building J. Wright & Associates Inc. John W. Bowers, RME C-7 Carpet laying C-51 Tile XY Construction LLC Xiuyun xie, RME "B" General Building

(Additional classification)

88.

89.

90.

91.

92.

93.

94.

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 Session: At 11:56 a.m., it was moved by Mr. Lee, seconded by Mr. Lau, and unanimously carried to enter into Executive Session pursuant to HRS section 925(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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