CONTRACTORS LICENSE BOARD - cca.hawaii.gov · 6/24/2016 · State of Hawaii Minutes of Meeting...

CONTRACTORS LICENSE BOARD Professional and Vocational Licensing Division

Department of Commerce and Consumer Affairs State of Hawaii

Minutes of Meeting

Date: June 24, 2016 Place: King Kalakaua Conference Room, King Kalakaua Building Department of Commerce and Consumer Affairs 335 Merchant Street, 1st Floor, Honolulu, Hawaii 96813 Present: Guy Akasaki, Chairperson

John Polischeck, Jr., Vice-Chairperson Anacleto “Joey” Alcantara, Jr., Member Leslie Isemoto, Member Tyrus Kagawa, Member William Kamai, Member Leonard K. P. Leong, Member Danny T. Matsuoka, Member Kent Matsuzaki, Member Aldon K. Mochida, Member Daryl Suehiro, Member Candace Ito, Executive Officer

Charlene L. K. Tamanaha, Executive Officer Rodney J. Tam, Deputy Attorney General Faith Nishimura, Secretary Excused: Nathan Konishi, Member

Peter H. M. Lee, Member Guests: Bradley J. Wilson, RME, Moss & Associates LLC

Brandon Andrews, Moss & Associates LLC Nathan A. Jugas, RME, Water Works Plumbing Limited Ivan T. Shishikin, RME, Pacific Vista Development LLC Bret J. Olson, RME, Kona Granite LLC Benjamin Jamieson (Individual) Doug Rogers, Moss & Associates LLC Kika Bukoski, Hawaii Resource Management Inc. Javier Pommerenk, RME, Otis Elevator Company Arnold Wong, Ironworkers Local Union 625 Stabilization Fund Jeff Masatsugu, Floorlayers MRF Randolph Jugas, RME, Adept Plumbing Service Inc. Todd R. Lindstrom, RME, Enable Energy Inc.

Call to Order: There being a quorum present, Chairperson Akasaki called the meeting to order at 8:32 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).

Contractors License Board Minutes of the June 24, 2016 Meeting Minutes: It was moved by Mr. Kamai, seconded by Mr. Polischeck, and unanimously

carried to approve the Applications Committee Meeting and Executive Session Meeting minutes of June 13, 2016, the Executive Session Meeting minutes of April 15, 2016, and the Board Meeting and Executive Session Meeting minutes of May 20, 2016, as circulated.

Amendments to Agenda: It was moved by Mr. Mochida, seconded by Mr. Suehiro, and unanimously

carried to approve the following amendments to the agenda:

Addition to Appearances:

i. Bradley J. Wilson, RME Moss & Associates LLC (Additional classification) C-48 Structural steel “A” General Engineering C-60 Solar power systems (withdraw)

j. Benjamin Jamieson (Individual)

“B” General Building

k. Bret J. Olson, RME Kona Granite LLC C-68 Classified specialist

Deletion from Appearances:

a. Exavier A. Brown, RME Boweaks Electrical Solutions LLC C-13 Electrical

c. Brett M. Anderson, RME Hardesty & Associates Inc. “B” General Building

d. Thomas K.M. Lee, RME

Video Warehouse Inc. C-60 Solar power systems

e. James M. Williams, RME Broken Arrow Communications Inc. C-68TN Communication tower

Addition to Applications Committee Report:

b. H&H Overhead Door of Oahu Inc. Clifford M. Hedani, RME “B” General Building

Contractors License Board Minutes of the June 24, 2016 Meeting Chapter 91, HRS, Adjudicatory Matters: Chairperson Akasaki 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 Licenses of Dumore Construction & Remodeling, LLC; Steven R. Lequire; CLB 2014-24-L

Respondent Dumore Construction & Remodeling, LLC (“Respondent Dumore”) was issued license number CT-32459 from October 1, 2012 to present as a “B” General building, C-21 Flooring, C-43 Sewer, sewage disposal, drain, and pipe laying, and C-51 Tile contractor. Respondent Steven R. LeQuire (“Respondent LeQuire”) was issued license number CT-26132 from July 27, 2005 to present as a “B” General building, C-21 Flooring, C-43 Sewer, sewage disposal, drain, and pipe laying, and C-51 Tile contractor. Respondent LeQuire has been the RME of Respondent Dumore from October 1, 2012 to present. RICO alleges that Respondent Dumore was the general contractor listed on the building permit for a homeowner renovation project (“Project”) and should have had a written contract with the homeowner of the Project, and Respondents contracted with The Stone Factory, LLC (“Stone Factory”), to perform the work at the Project and knew or should have known that Stone Factory was not a licensed contractor acting as an unlicensed general contractor for the Project. Respondents allege that they contracted for the Project with and received payment for the Project from Stone Factory not the homeowner, and that Respondents’ employee was paid most of the money paid to Respondents for the Project because he spent several hundred hours in meetings about the Project. On or about March 23, 2016, RICO filed a Petition for Disciplinary Action against Respondent’s, alleging that Respondents violated, in part, the following statute(s) and/or rules(s):

HRS section 444-17(12) (violating licensing laws);

HRS section 444-17(9) (unlicensed employee running business);

HRS section 444-17(17) (entering into a contract with an unlicensed contractor involving work or activity for the performance of which licensing is required);

HRS section 444-25.5 (contract shall execute a written contract with a homeowner prior to performing any work);

HAR section 16-77-71 and 16-77-75 (RME responsible for acts and omissions of contracting entity); and

HAR section 16-77-80 (written contract with homeowner

Contractors License Board Minutes of the June 24, 2016 Meeting

required; disclosures).

Respondents do not admit to violating any law or rule and agree to pay restitution in the amount of $5,000.00.

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

b. In the Matter of the Contractors Licenses of Hurst & Siebert, Inc.,

and Lynn S. Hurst; CLB 2015-341-L

Respondent Hurst & Seibert, Inc (“Respondent Hurst & Seibert”), and Respondent Lynn S. Hurst (“Respondent Hurst”) are licensed as general building contractors. The licenses were issued on or about July 18, 1997; and are due to expire or forfeit on or about September 30, 2016. At all relevant times herein, Respondent Hurst was the Responsible Managing Employee of Respondent Hurst & Seibert. RICO alleges Respondents entered into a contract to build-out store space at Ala Moana Center in Honolulu. RICO alleges Respondent Hurst was not in residence in the State during the period the project was under construction. If proven at an administrative hearing, the foregoing allegations would constitute violations of the following law and rule:

HRS section 444-17(12) (failure to comply with chapter and rules); and

HAR section 16-77-71(a)(4) (responsible managing employee not in residence).

Respondents do not admit to violating any law or rule and agree to pay an administrative fine, jointly and severally, in the amount of $12,000.00. After discussion, it was moved by Mr. Kamai, seconded by Mr. Isemoto, and unanimously carried to approve the First Amended 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 Marc Haine, and

Marc Haine, Inc., doing business as The Floor Store; CLB 2012-271-L

Respondent Marc Haine (“Haine”) and Respondent Marc Haine, Inc. doing business as The Floor Store (“The Floor Store”) are licensed as contractors. Respondents’ C-7 Carpet laying licenses were issued on or about November 15, 2006; and are due to expire on or about September 30, 2016. Respondents’ C-21 Flooring licenses were issued


on or about September 27, 2007; and are due to expire on or about September 30, 2016. RICO alleges that in or about September 2010, Respondents aided and abetted an unlicensed contractor to engage in flooring installation activity when Haine falsely represented that he and his company, The Floor Store, were the contractors of the flooring installation project. The entire flooring project was completed by an unlicensed contractor who was not affiliated with either Respondent. If proven at an administrative hearing, the allegations would constitute violations of the following law:

HRS section 444-9.3 (aiding and abetting an unlicensed contractor).

Respondents do not admit to violating any law or rule and agree to pay an administrative fine, jointly and severally, in the amount of $4,000.00. After discussion, it was moved by Mr. Leong, 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.

d. In the Matter of the Contractors License of Randall V. Sirois,

doing business as RVS Construction, LLC; CLB 2013-274-L & CLB 2013-475-L & CLB 2014-104-L

Respondent Randall V. Sirois, doing business as RVS Construction, LLC (“Respondent”) has been licensed as a “B” General building contractor from August 30, 2010 to present. Respondent has been a licensed “A” General engineering contractor from February 28, 2014 to present. The license will expire or forfeit on or about September 30, 2014. RICO alleges that in 2013, Respondent performed the installation of an awning at Ke Alii Ocean Villas in Kihei, Hawaii, and at the Aston Kaanapali Shores in Lahaina, Hawaii. If proven at an administrative hearing, the allegations would constitute violations of the following law and rule:

HRS section 436B-19(17) (violating laws and rules); and

HAR section 16-77-33(a) (general contractor shall not act or assume to act or advertise as a specialty contractor except in the specialty classifications which the licensee holds).

Respondent does not admit to violating any law or rule and agrees to pay an administrative fine in the amount of $1,000.00.


The Board noted that the Respondent is licensed as a sole proprietor, has not filed any trade name with the Board, and does not have a contracting entity license for RVS Construction, LLC. Thus, the Respondent has been conducting unlicensed activity and RVS Construction, LLC requires a contracting entity license. Until Respondent obtains a contracting entity license or files a trade name with the Board, he can only enter into contracts and perform contracting work as Randall V. Sirois, which is his legal contractor’s license name. In the future, the Board believes that RICO should pursue an unlicensed activity for the unlicensed contracting entity, as well as the sole proprietor for violating the Board’s laws and rules. After discussion, it was moved by Mr. Isemoto, seconded by Mr. Leong, 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. The Board also requests that RICO inform the Respondent that he needs to obtain a contracting entity and until such time, he should not be doing business as RVS Construction LLC.

2. Board’s Final Orders None. Following the Board’s review, deliberation and decisions in these matters,

pursuant to HRS chapter 91, Chairperson Akasaki announced that the Board was reconvening to its open meeting at 8:44 a.m.

Executive Session: At 8:45 a.m., it was moved by Mr. Suehiro, seconded by Mr. Polischeck, and

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

At 9:15 a.m., it was moved by Mr. Matsuzaki, seconded by Mr. Kamai, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

Appearances Before the Board: b. Lloyd K. Acasio (Individual) C-13 Electrical C-20 Fire protection

Contractors License Board Minutes of the June 24, 2016 Meeting Mr. Acasio was not present.

f. Ivan T. Shishikin, RME (Additional classification) Pacific Vista Development LLC C-21 Flooring C-51 Tile C-7 Carpet laying (withdrawn 5/16) Executive Session: At 9:16 a.m., it was moved by Mr. Mochida, seconded by Mr. Matsuzaki, and

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 9:35 a.m., it was moved by Mr. Mochida, seconded by Mr. Matsuzaki, 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. Matsuzaki, seconded by Mr. Leong, and unanimously carried to defer Mr. Shishiken’s application for licensure in the C-21 and C-51 classifications pending the submittal of revised project lists for each classification which verifies four years of the actual amount of time he spent on-site supervising his own crews.

g. Javier Pommerenk, RME

Otis Elevator Company C-16 Elevator

Executive Session: At 9:36 a.m., it was moved by Mr. Matsuzaki, seconded by Mr. Polischeck, and


At 9:47 a.m., it was moved by Mr. Matsuzaki, seconded by Mr. Polischeck, 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. Suehiro, seconded by Mr. Polischeck, and unanimously carried to reaffirm the approval of Mr. Pommerenk’s application for licensure in the C-16 Elevator classification.

Contractors License Board Minutes of the June 24, 2016 Meeting h. Nathan A. Jugas, RME Water Works Plumbing Limited C-37 Plumbing Executive Session: At 9:48 a.m., it was moved by Mr. Suehiro, seconded by Mr. Kagawa, and


At 10:01 a.m., it was moved by Mr. Kagawa, seconded by Mr. Suehiro, 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. Matsuzaki, seconded by Mr. Polischeck, and unanimously carried to approve Mr. Jugas’ application in the C-37 classification. i. Bradley J. Wilson, RME

Moss & Associates LLC (Additional classification) “A” General Engineering C-48 Structural steel C-60 Solar power systems (approved 4/2016)

Executive Session: At 10:03 a.m., it was moved by Mr. Suehiro, seconded by Mr. Polischeck, and


At 10:14 a.m., it was moved by Mr. Suehiro, seconded by Mr. Kagawa, 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. Polischeck, seconded by Mr. Kagawa, and unanimously carried to approve Mr. Wilson’s application in the “A” General engineering classification; and to deny Mr. Wilson’s application for licensure in the C-48 Structural steel classification because he did not meet the experience requirement.


j. Benjamin Jamieson (Individual) “B” General Building Executive Session: At 10:15 a.m., it was moved by Mr. Suehiro, seconded by Mr. Polischeck, and


At 10:31 a.m., it was moved by Mr. Suehiro, seconded by Mr. Mochida, and


After discussion, it was moved by Mr. Polischeck, seconded by Mr. Suehiro, and unanimously carried to defer Mr. Jamieson’s application for licensure in the “B” General building classification pending the submittal of a revised project list verifying his on-site “ground-up” supervisory experience. k. Bret J. Olson, RME

Kona Granite LLC C-68 Classified specialist Executive Session: At 10:32 a.m., it was moved by Mr. Suehiro, seconded by Mr. Polischeck, and

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, 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 10:45 a.m., it was moved by Mr. Suehiro, seconded by Mr. Kamai, and


After discussion, it was moved by Mr. Matsuzaki, seconded by Mr. Suehiro, and unanimously carried to deny Mr. Olson’s request to create a C-68 classification to install granite countertops because currently, the C-5 Cabinet, millwork, and carpentry remodeling and repairs, C-31 Masonry, C-31a Cement concrete, and C-51 Tile classifications include the installation of granite countertops; and deferred Mr. Olson’s application pending the submittal of the classification he wishes to apply for and documentation of four years of supervisory experience in that classification. The Board also indicated that an alternative for Kona Granite LLC to obtain a license would be to hire a Responsible Managing Employee licensed in one of the classifications mentioned above.

Contractors License Board Minutes of the June 24, 2016 Meeting Committee Reports: 1. Examination Committee: Aldon Mochida, Chairperson

The Contractors Examination Summary for May 2016 was distributed to the Board for their information. 2. Recovery/Education Fund Committee:

The Recovery Fund Litigation Report for May 28, 2016 to June 24, 2016 prepared by Ronald Michioka, Esq., the Board’s Recovery Fund Attorney, was distributed to the Board for their information. 3. Legislation Committee: Peter H. M. Lee, Chairperson

None. 4. Rules Committee: Tyrus Kagawa, Chairperson

None.

5. Investigation Committee: Kent Matsuzaki, Chairperson

None. Committee Reports: 6. Scope of Activity Committee Nathan T. Konishi, Chairperson

Horizon Retail Construction, Inc. - Requests clarification on HAR section 16-77-71: (1) Does the principal RME have to be in the state if he designates a

subordinate RME to manage/oversee a job we are running?

(2) Can an RME manage/oversee more than one job at a time?

(3) Can a principal RME designate a subordinate RME to take over on a job they are currently running?

Recommendation:

Question 1: No; as long as the subordinate RME who is an employee of the company has the same Hawaii contractor’s license as the principal RME or the appropriate Hawaii contractor’s license classifications, and is in the State during the time the project is under construction.


Question 2: Yes, as long as the RME has the appropriate Hawaii contractor’s licenses for each job/project. Question 3: Yes; as long as the subordinate RME who is an employee of the company has the same Hawaii contractor’s license as the principal RME or the appropriate Hawaii contractor’s licenses, and is in the State during the time the project is under construction.

Department of Accounting and General Services - Requests determination on which license classification is required to perform the installation of five foot helical anchors.

At its May 20, 2016 meeting the Board determined that the “A” General engineering contractor; C-35 Pile driving, pile and caisson drilling, and foundation contractor; or “B” General building contractor through its C-24 Building, moving and wrecking contractor’s license may install helical anchors for portable buildings, modular containers, a ramp and propane tanks. The Board is revisiting its determination that the C-24 Building, moving and wrecking contractor’s license may install helical anchors for portable buildings, modular containers, a ramp, and propane tanks. The Board reaffirmed its May 20, 2016 determination in that posting structures includes anchoring the structure. Recommendation: The “A” General engineering contractor; C-35 Pile driving, pile and caisson drilling, and foundation contractor; or “B” General building contractor and C-24 Building, moving and wrecking contractor’s license may install helical anchors for portable buildings, modular containers, a ramp, and propane tanks. It was moved by Mr. Suehiro, seconded by Mr. Polischeck, and unanimously carried to approve the above scope recommendations. 7. Conditional License Report: Charlene L.K. Tamanaha, Executive Officer

a. Ana T. Finau-Taufa (Individual) C-31 Masonry

After discussion, it was moved by Mr. Polischeck, seconded by Mr. Suehiro, and unanimously carried to approve Ms. Finau-Taufa for a conditional license. The conditional license will be subject to semi-annual updates on the status of Ms. Finau-Taufa’s financial matters.

b. John G. Garcia (Individual)



After discussion, it was moved by Mr. Polischeck, seconded by Mr. Suehiro, and unanimously carried to approve Mr. Garcia for a conditional license. The conditional license will be subject to semi-annual updates on the status of Mr. Garcia’s financial matters.

c. Sun Doctors LLC

Sean G. Mullen, RME C-13 Electrical C-61 Solar energy systems

After discussion, it was moved by Mr. Polischeck, seconded by Mr. Suehiro, and unanimously carried to approve Mr. Mullen’s application for licensure in the C-13 Electrical and C-61 Solar energy systems classifications; and to approve Sun Doctors LLC for a conditional license, subject to semi-annual updates on the status of Messrs. Jason and Justin Hardwick’s financial matters, and providing a $6,000.00 surety bond.

8. Applications Committee: Daryl Suehiro, Chairperson

It was moved by Mr. Suehiro, seconded by Mr. Polischeck, and unanimously carried to approve the license applications in the following categories as attached to the meeting minutes.

b. Request for Change in Business Status

c. Request for Waiver of Bond Requirement d. Applications for Licensure

Applications Committee Report:

Charlene Tamanaha, Executive Officer

a. Gregory C. Brandes (Individual) C-12 Drywall

After discussion, it was moved by Mr. Suehiro, seconded by Mr. Polischeck, and unanimously carried to approve Mr. Brandes’ application for licensure in the C-12 classification. b. H&H Overhead Door of Oahu Inc. Clifford M. Hedani, RME “B” General Building After discussion, it was moved by Mr. Suehiro, seconded by Mr. Polischeck, and unanimously carried to defer Mr. Hedani’s application pending the submittal of verification of meeting the requirement to be the RME for more than one contracting entity.

Contractors License Board Minutes of the June 24, 2016 Meeting Owner-Builder Exemption Applications a. Lava Lot Trust 55, Successful Finance, Inc. Trustee b. Carol Stanton Whitaker & Bruce Lee Whitaker c. Michael Anthony Brun d. Christina Murphy e. Stanley Peter Zitnik

After discussion, it was moved by Mr. Polischeck, seconded by Mr. Kamai, and unanimously carried to approve the owner-builder exemption applications for b, c, and e above, and to defer Lava Lot Trust 55, Successful Finance, Inc. Trustee application pending review of the trust agreement by DAG Tam and Christina Murphy’s application pending the submittal of additional documentation to support the unforeseen hardship.

Correspondence: Doug Moody – Professional Employment Organizations

Members reviewed March 23,25 and April 1, 2016 e-mails from Doug Moody of Solution Services regarding Professional Employment Organizations (“PEO”). Mr. Moody asked “If an RME currently licensed in Hawaii is transitions into a co-employment relationship that is with the licensed contractor and co-employer (PEO) is that a disqualifying event for the “employment” status of the RME?” Mr. Moody stated that the PEO’s role with the RME in a co-employment relationship is purely an HR administrative role. Solution Services provides payroll administration through their FEIN. They also provide human resource management services including benefit administration, payroll tax reporting for the co-employee, procuring, and managing the workers compensation policies. DAG Tam and Executive Officer Ito had spoken to Mr. Moody earlier and he stated that in the PEO co-employer contract, the contracting entity client (“Client”) maintains direct control over the Client’s workers. If the Client fires an employee, then the PEO severs its contract with that employee. Kika Bukoski of Hawaii Resource Management Inc. asked if the PEO supplies the employees to the Client. If that is the case, then Solution Services would be acting like a temp or employee leasing agency, and not a PEO. Executive Officer Ito read Mr. Moody’s original inquiry and it did not appear that Solution Services were leasing its employees to the Client. DAG Tam stated that the employee is split between the PEO and contractor employer for federal labor law purposes. The key is who directs the activities of the employees. The PEO provides payroll administration, payroll tax reporting and benefit administration for the employee and does not direct the activities of the employee. DAG Tam read the Board’s September 19, 2003 meeting minutes which allowed an employee of the PEO to qualify as a “bonafide employee” for the purpose of acting as an RME for a contractor as long as the PEO does not have direct control over the employees. Mr. Suehiro stated that an “employee” is defined as a person who receives wages from the contracting entity employer. The Board stated that even if the PEO provides payroll administration through its FEIN, the Client is still ultimately paying the employee’s wages and the Client


has direct control over the activities of the RME and other “co-employees”. Members reviewed the Board’s July 18, 2003 and September 19, 2003 meeting minutes pertaining to PEOs. After discussion, it was moved by Mr. Leong, seconded by Mr. Kagawa, and unanimously carried to respond to Mr. Moody’s inquiry as follows: No, an RME that is currently licensed in Hawaii may transition into a co-employment relationship (i.e. with a licensed contracting entity and PEO), and continue to be the RME for the contracting entity as long as the contracting entity maintains direct control over the RME and other “co-employees” and the PEO is only providing human resources services such as payroll administration, payroll tax reporting, and benefit administration.

Election of Officers: Chairperson Akasaki opened the floor for nominations for the office of

Chairperson and Vice Chairperson. Chairperson Akasaki nominated Mr. Polischeck as Chairperson and Mr.

Kagawa as Vice-Chairperson. The nominations were seconded by Mr. Kamai. There were no other nominations for the office of Chairperson and Vice-Chairperson. Thus, Mr. Polischeck was unanimously elected as Chairperson and Mr. Kagawa unanimously elected as Vice-Chairperson.

Executive Board Procedures and Legal Advice From the Department of the Attorney Session: General Pursuant to HRS section 92-5(a)(4). At 11:10 a.m., it was moved by Mr. Polischeck, seconded by Mr. Suehiro, 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 92-5(a)(4).

At 11:22 a.m., it was moved by Mr. Suehiro, seconded by Mr. Kagawa, and


Other Business: None. Industry Concerns: None. Next Meeting: Friday, July 22, 2016 Adjournment: There being no further business to discuss, the meeting was adjourned at

11:23 a.m.

Contractors License Board Minutes of the June 24, 2016 Meeting Reviewed and approved by: Taken and recorded by: /s/ Candace Ito /s/ Faith Nishimura Candace Ito Faith Nishimura Executive Officer Secretary 7/21/16 [X] Minutes approved as is. [ ] Minutes approved with changes. See minutes of .

CONTRACTORS LICENSE BOARD Professional & Vocational Licensing Division

Department of Commerce & Consumer Affairs State of Hawaii

June 24, 2016

APPLICATIONS COMMITTEE ATTACHMENT

New 1. Request for Change in Business Status: Business: SC-1 BKP Construction LLC

Patrick O. Spaulding, RME Licensed: “B” General Building Request: Dual status (Pacific Construction & Development Inc.) Recommend: Approval

SC-2 Shawn M. Faulstick (Individual) Licensed: “B” General Building Request: Reactivate Recommend: Approval subject to $20,000 bond SC-3 Fooney Freestone, RME CN Pacific LLC JV Licensed: “A” General Engineering “B” General Building Request: Dual status (Caddell Construction Co

(DE) LLC) Recommend: Deferral SC-4 James M. Murray, RME Big Step Construction Inc. Licensed: “B” General Building Request: Dual status (JM Finish Carpentry LLC) Recommend: Approval SC-5 Troy Nielsen (Individual) Licensed: “B” General Building Request: Reactivate Recommend: Deferral SC-6 Danny J. Pruse (Individual) Licensed: C-7 Carpet laying C-51 Tile Request: RME to Sole Recommend: Approval subject to $11,000 bond

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SC-7 Morris Hisashi Seigaku (Individual) Licensed: C-13 Electrical Request: RME to Sole Recommend: Approval SC-8 William T. Strong, RME Strong Painting Services LLC Licensed: C-33 Painting & decorating Request: Reactivate Recommend: Deferral

SC-9 Tracy E. Taoka, RME Epicenter Technologies Inc. (Additional classification)

Licensed: C-52 Ventilating & air conditioning

Request: Reactivate Recommend: Approval

2. Request for Waiver of Bond Requirement WB-1 Kevin Osop Shin (Individual) Licensed: “B” General Building Request: Waiver of $19,000 bond Recommend: Deferral Applications Approve applications, subject to all requirements except examinations. A:

1. Amber Rock Technology Inc. Milton H. Kakaio, RME C-15a Fire & burglar alarm Bond: $8,000 2. American-Bucher JV Scott Bucher, RME (Dual status – Bucher C-22 Glazing & tinting Glass Inc.) 3. Artisan Tile LLC Christopher W. Wyler, RME C-51 Tile Bond: $39,000 4. BKP Construction LLC Patrick O. Spaulding, RME (Dual status - Pacific “B” General Building Construction & Development Inc.) 5. B R Anderson Electric Inc. (Additional classification) Bobby J. Gibboney, RME C-37 Plumbing

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6. Blue Ginger General Construction LLC Erminia T.P. Evans, RME “B” General Building Bond: $15,000 7. EIM LLC Kelly J. Medeiros, RME C-13 Electrical

8. Enable Energy Labs LLC Todd R. Lindstrom, RME (Dual status - Enable “B” General Building Energy Inc.) C-60 Solar power systems Bond: $24,000 9. Epicenter Technologies Inc. (Additional classification) Tracy E. Taoka, RME (Reactivate) C-52 Ventilating & air conditioning 10. Epicenter Technologies Inc. (Additional classification) Myron Thompson, RME C-60 Solar power systems C-61 Solar energy systems

11. Hana Enterprises Inc. Kyle S. Kimura, RME “A” General Engineering “B” General Building C-13 Electrical

Bond: $24,000 12. Rodney T. Hatanaka, RME Protech Fire & Security LLC C-15 Electronic systems C-20 Fire protection 13. Hawaii Glass and Glazing LLC Robert P. Pirone, RME C-22 Glazing & tinting 14. Jamile Construction LLC (Additional classification)

Whitney C.K. Jamile, RME C-44a Gutters

15. Kaleo’s Tree Services Inc. Kaleo L. Chandler, RME C-27b Tree trimming & removal Bond: $57,000

16. Kontec LLC Keith I. Sasaki, RME C-13 Electrical

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17. Pac Roofing LLC Jovel F.I. Lee, RME (Dual status – Pacific Roofing C-42 Roofing & Repair LLC)

18. Parfab Field Services LLC

Alvin H. Moore, RME C-68RH Refinery & resource recovery equipment

19. Rousseau Services LLC Pierre Rousseau, RME C-68RL Rockfall mitigation 20. Sun Doctors LLC (Conditional) Sean G. Mullen, RME C-13 Electrical C-61 Solar energy systems Bond: $6,000

21. Superior Drywall Service Inc. Jason K. Lee, RME C-12 Drywall C-36 Plastering

22. Unlimited Inc. (Additional classification)

James K. Kaleopaa, RME C-42 Roofing

23. V-Square Masonry Inc. Sese Vave, RME C-31b Stone masonry Bond: $9,000

24. VIMM LLC Ronald M. Zimmerman, RME “B” General Building C-51 Tile

Applications Approve applications; subject to all requirements including examinations in B: Parts I and II, except as otherwise noted.

1. Big Island Stone Fabrication and Restoration LLC Manuel O. Benavides, RME C-51 Tile 2. Boweaks Electrical Solutions LLC

Exavier A. Brown, RME C-13 Electrical Bond: $11,000

3. Gregory C. Brandes (Individual) C-12 Drywall

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4. Michael L. Clifton (Individual) “B” General Building 5. Cohen Landscaping & Design Inc. Gal Cohen, RME (Dual status - Cohen C-27 Landscaping Development Group C-37b Irrigation & lawn sprinkler LLC)

systems (approve 2/16) 6. Construction Logistics Group/XMX Power LLC

Jason W. Dunn, RME C-13 Electrical

7. Jordan R.K. Duropan, RME Oahu Sprinklers Inc. C-37b Irrigation & lawn sprinkler systems

8. Allen K. Esteban, RME Honorio Esteban dba Esteban Construction “B” General Building 9. Jason P. Ezell (Individual) C-27 Landscaping Bond: $9,000 10. Ana T. Finau-Taufa (Individual) (Conditional) C-31 Masonry

11. John G. Garcia (Individual) (Conditional) “B” General Building 12. H & H Overhead Door of Oahu Inc. (Additional classification) Valerie Y. Okemura, RME “B” General Building

13. Handyman Kauai Inc. Michael Romelfanger, RME “B” General Building 14. Michael J. Hastings, RME Kohala Partners II LLC C-33 Painting & decorating 15. Hawaii Stone Masonry LLC

Mohuhano Tuikolongahau, RME C-31 Masonry

16. Cooper K. Hazzard (Individual) C-37 Plumbing

“B” General Building (withdraw 4/16)

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17. Headed Home Roofing, LLC Jherard K. Miller, RME C-42 Roofing

18. Hoi LLC Wa Cham Hoi, RME “B” General Building 19. Index Builders Inc. (Additional classification)

Roberto M. Rongcal, RME “A” General Engineering 20. Interserv L P Christopher A. Barger, RME “B” General Building 21. Johansen Contracting Inc. (Additional classification) Joseph Johansen, RME “B” General Building 22. Justin K. Labra (Individual) “B” General Building Bond: $28,000 23. Ferdinand J. Lagundino (Individual) C-37 Plumbing 24. Locher Construction Inc. Lawrence M. Locher, RME “B” General Building

25. Shane J. Mahan, RME (Dual status - Kitchell Kitchell Custom Homes Inc. Contractors Inc.)

“B” General Building “A” General Engineering (defer)

26. Baby Mahe (Individual)

C-31 Masonry 27. Cy M. Masatsugu, RME Wasa Electrical Services Inc. C-13 Electrical 28. Lionel J.F.H. Molina (Individual) C-12 Drywall

29. Molina Engineering Ltd. Roger A. Hatzky, Jr., RME C-31 Masonry

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30. Monteiro Air Conditioning and Refrigeration LLC Joseph R. Monteiro, RME C-52 Ventilating & air conditioning

31. Moss & Associates LLC (Additional classification) Bradley J. Wilson, RME “A” General Engineering C-48 Structural steel (deny) C-60 Solar power systems (withdraw)

32. W R Meyers Co., Inc. William R. Meyers, RME C-68TN Communication tower 33. Pacific Floor Solutions Inc. (Additional classification) Lessie W. Walston, RME C-51 Tile 34. Javier Pommerenk, RME Otis Elevator Company C-16 Elevator 35. Pro Plumbing and Solar LLC Ody B. Duldulao, RME C-37 Plumbing 36. Structural Technologies LLC dba Structural Technologies of Maryland LLC John R. Crigler, RME C-38 Post tensioning 37. Structural Technologies LLC dba Structural Technologies of Maryland LLC Eric M. Sommer, RME “A” General Engineering

38. Top Shape Masonry LLC Ryan M. Dillon, RME C-31 Masonry Bond: $12,000

39. VCC LLC Sam K. Alley, RME “B” General Building 40. Water Works Plumbing Limited Liability Company

Nathan A. Jugas, RME C-37 Plumbing

41. David G. Weaver (Individual) “B” General Building

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42. Zane and Associates LLC Sheldon S.H. Zane, RME “A” General Engineering “B” General Building Bond: $12,000

Applications Withdraw applications; previously deferred. C:

1. In Motion Builders Inc. Alvin K. Toyama, RME “B” General Building 2. Darren C. Morris, RME

Alcal Specialty Contracting Inc. C-1 Acoustical & insulation

3. Moss & Associates LLC (Additional classification)

Bradley J. Wilson, RME C-60 Solar power systems

“A” General Engineering (approve) C-48 Structural steel (deny) 4. Z-Act LLC Caleb K. Olayan “B” General Building

“A” General Engineering (withdraw)

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. A Team Pacific Roofing Inc. (Additional classification) Jason R. Clark, RME C-55 Waterproofing

2. Lloyd K. Acasio (Individual) C-13 Electrical C-20 Fire protection

3. Aloha Homes & Yard Service LLC Randolph C. Enos, Jr., RME C-27 Landscaping 4. Joven D. Bautista (Individual) C-37 Plumbing

5. Paul R. Fair (Individual)

“B” General Building 6. Kona Granite LLC Bret J. Olson, RME C-68 Classified specialist

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7. Jong S. Lee (Individual) “B” General Building

8. Geoffrey S. Lewis (Individual) “B” General Building 9. Madyson Corp. (Additional classification) Andrew W. Floyd, RME “B” General Building

10. Moss & Associates LLC (Additional classification)

Bradley J. Wilson, RME C-48 Structural steel

“A” General Engineering (approve) C-60 Solar power systems (withdraw)

11. Zachary M. Payne, RME

Environet Inc. “A” General Engineering “B” General Building

12. Su Young Seo (Individual) “B” General Building 13. Frank Sklencar, RME (Additional classification) Aaron Fence Company “B” General Building 14. Solaire Generation Inc.

Tuan Nguyen, RME “B” General Building 15. Wei T. Zhou (Individual) C-13 Electrical C-37 Plumbing

16. Zoe Life Enterprises LLC Junior Ieremiah, RME C-15a Fire & burglar alarm Applications Defer applications; for further investigation or request for additional E: documentation.

1. ATN Construction LLC Richard A. Breaux, RME “B” General Building 2. Above All Services LLC Henry Medeiros, RME C-33 Painting & decorating

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3. Ace Construction LLC William W. Kekauoha, Jr., RME “A” General Engineering C-17 Excavating, grading, & trenching C-31a Cement concrete C-37a Sewer & drain line C-43 Sewer, sewage disposal, drain, & pipe laying

4. Adroit Energy Inc. (Additional classification)

James J. Backman, RME “A” General Engineering C-4 Boiler, hot-water heating, hot water supply, & steam fitting 5. Aikane Nursery & Landscaping LLC

Brandon A. Belmarez, RME C-27 Landscaping

6. Aina Excavation & Grading Inc. (Additional classification) Joseph B. Santos, RME C-15b Telecommunications 7. Brett M. Anderson, RME Hardesty & Associates Inc. “B” General Building

8. Angelus Waterproofing & Restoration Inc. Shaun K. Geiger, RME C-55 Waterproofing

C-31d Tuckpointing & caulking (approve 5/16) C-42 Roofing (deny 5/16)

9. Raymond A. Anguay, RME Kahului Carpet Drapery Projects Inc. C-7 Carpet laying 10. Julie M. Aponte, RME J & J Drywall and Plastering LLC C-1 Acoustical & insulation C-12 Drywall C-36 Plastering 11. BAP Power Corporation Anthony Lamoureux, RME C-13 Electrical C-60 Solar power systems 12. B R Anderson Electric Inc. (Additional classification) Bobby J. Gibboney, RME C-37 Plumbing

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13. Flavio Bermejo Barrera (Individual) (Additional classification) C-55 Waterproofing 14. Bora Inc. Ralph K. Sakauye, RME “B” General Building C-33 Painting & decorating C-55 Waterproofing 15. Michael A. Boyle (Individual) “B” General Building 16. Broken Arrow Communications Inc. (Additional classification)

James M. Williams, RME C-68TN Communication tower

17. Christopher K. Broyles-Schopen, RME

Alternate Energy Inc. C-13 Electrical 18. Build Connection Inc. Nikolay Mysin, RME (Dual status – Amko Builders C-13 Electrical Inc.) C-21 Flooring C-37 Plumbing 19. Castaway Construction & Restoration LLC (Additional classification) Benjamin R. Clark, RME

C-52 Ventilating & air conditioning

20. Richard C.H. Chan (Individual) C-40 Refrigeration C-52 Ventilating & air conditioning

21. Critchfield Pacific Inc. (Additional classification) Jesse S. Terakawa, RME C-13 Electrical

22. Custom Carpentry by CPT LLC Colin P. Thompson, RME (Additional classification) “B” General Building 23. Mark E. Davis C-13 Electrical 24. Demos Painting & Decorating Inc. Michael Dimoutsikos, RME C-33 Painting & decorating 25. Diamond Head Construction LLC Xiao Hua He, RME “B” General Building

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26. Diamond Head Windows and Doors Inc. Todd C. McKinstry, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs 27. Discovery Builders Maui LLC Edward Lee Divita, Jr., RME “B” General Building 28. Edesign Group Inc. Jonathan D. Miller, RME C-15 Electronic systems

29. E S Consulting LLC Earl S. Sumida, RME C-33c Surface treatment

C-25 Institutional & commercial equipment (approve with $5,000 bond 4/16)

C-53 Miscellaneous retail products (withdraw 5/16)

30. EXA USA Corp. Ulderico Micara, RME “B” General Building

31. Paul Ferreira (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs

C-13 Electrical C-37 Plumbing “B” General Building (withdraw 5/16)

32. Robert K. Fujikawa, RME (Additional classification)

Fujikawa Associates Inc. C-40 Refrigeration

C-44 Sheet metal (approve 3/16)

33. Allen D. Gadus, RME Birdair Inc. “B” General Building

34. Good Faith Construction LLC Chao Yun Ni, RME (Dual status – Chao Yun Ni) “B” General Building 35. H & H Overhead Door of Oahu Inc. (Additional classification) Clifford M. Hedani, RME (Dual status – Clifford M. “B” General Building Hedani)

36. Hale Pono Construction LLC Joseph M. Rojas, RME “B” General Building

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37. Scott E. Hargiss, RME Lawrence Carpet Service Inc. C-7 Carpet laying C-21 Flooring C-51 Tile 38. Anthony D. Hartz (Individual) C-13 Electrical

39. Minghua He (Individual)

C-37 Plumbing 40. Armin V.R. Hinze (Individual) (Additional classification) C-55 Waterproofing 41. ILUM Enterprises Inc. Justin L. Agricula-Balmoja, RME C-12 Drywall C-33 Painting & decorating 42. In Motion Builders Inc. Albert J. Martorano, RME “B” General Building 43. Ian M. Ichimura, RME Pural Water Specialty Co. Inc. C-37d Water chlorination & sanitation C-37e Treatment & pumping facilities 44. Intelligent Choice Construction LLC William P. Anderson, RME “B” General Building 45. JBS Energy Solutions LLC Sean L. McNanie, RME “A” General Engineering 46. Benjamin Jamieson (Individual) “B” General Building 47. Charles S. Johnston (Individual) C-33 Painting & decorating 48. KM Tile LLC Konstantin V. Mezentsev, RME C-51 Tile 49. Adrian D. Kamalani (Individual) “B” General Building

50. Richard B. Kastin (Individual) “B” General Building

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51. Kawelo Construction LLC David Vitarelli, RME “B” General Building 52. Kelikai Pacific Foundation Joint Venture Damien J. Enright, RME (Dual status – Structural “A” General Engineering Systems, Inc.)

C-31a Cement concrete C-32 Ornamental, guardrail & fencing C-34 Soil stabilization C-35 Pile driving & foundation C-55 Waterproofing

53. Howard F. Klein (Individual) “B” General Building 54. Koki Roofing Inc. Derek S. Koki, RME C-42 Roofing 55. Stephen T. Leis RME Dorvin D. Leis Co., Inc. C-44 Sheet metal

C-20 Fire protection (approve 4/16) C-37 Plumbing (approve 4/16)

56. Chun-Yu Huang Loo, RME VT Milcom Inc. C-15b Telecommunications 57. M3 Builders Inc. Wenliang Cao, RME “B” General Building 58. MK Electric LLC (Additional classification) Zebadiah P. Spencer, RME C-68TN Communication tower 59. Noel Madamba (Individual) “A” General Engineering “B” General Building

60. Shane J. Mahan, RME (Dual status - Kitchell Kitchell Custom Homes Inc. Contractors Inc.)

“A” General Engineering “B” General Building (approve)

61. Makana Construction LLC Frank R. Alexander II, RME (Dual status – Alexanders “B” General Building Design and Remodeling LLC)

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62. Georgia S. Mason (Individual) C-3 Asphalt paving & surfacing 63. Scott A. Massner, RME Helix Electric Inc. C-13 Electrical C-63 High voltage electrical 64. Korey F. Medeiros (Individual) C-32 Ornamental, guardrail, & fencing 65. Metrocell Construction Inc. James H. Culwell, RME “A” General Engineering “B” General Building

66. Mikey’s Home Repair LLC

Michael A. Gualdarama, RME C-21 Flooring C-33 Painting & decorating C-51 Tile C-5 Cabinet, millwork, & carpentry remodeling & repairs (approve 5/16)

“B” General Building (withdraw 4/16) 67. Mocon Corporation Darin R. Fogg, RME C-33 Painting & decorating 68. Modern Builders Hawaii LLC Bradley J. Endrizal, RME C-6 Carpentry framing 69. Noho’ana Builders LLC Mark M. Gaspar, RME (Additional classification – C-1 Acoustical & insulation C-12 Drywall C-36 Plastering 70. No Ka Oi Homes Inc. Michael L. Kirby, RME “B” General Building 71. Oahu Fire Protection Inc. (Additional classification)

Brian R. Harper, RME C-15a Fire & burglar alarm C-13 Electrical (deny 1/16)

72. Omega Builders Inc. Maximino R. Agnacin, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs

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73. One Stop Solar & Sustainable Hawaii LLC Douglas B. Shew, RME “B” General Building C-60 Solar power systems 74. Our Star Jac Inc. (Additional classification) Chris A. Silva, RME C-5a Garage door & window shutters C-48a Steel door 75. P&T Solar Company Ltd. (Additional classification) Michael S. Allen, RME C-37 Plumbing 76. Pacific Precision Builders Inc. Peter W.Y. Ma, RME (Dual status – MK Builders “B” General Building Group Inc.) C-13 Electrical 77. Pacific Rim Constructors Inc. Keith J. Stewart, RME “A” General Engineering “B” General Building 78. Pacific Vista Development LLC (Additional classification) Ivan T. Shishikin, RME C-21 Flooring C-51 Tile

C-7 Carpet laying (withdraw 5/16)

79. Parkway C&A LP David W. Elmer, RME “B” General Building 80. Pavon Builders Hawaii LLC Joseph M. Pavon, RME “A” General Engineering “B” General Building C-13 Electrical C-52 Ventilating & air conditioning 81. Zachary M. Payne, RME Environet Inc. C-5 Cabinet, millwork, & carpentry Remodeling & repairs (qualify) “A” General Engineering (deny) “B” General Building (deny) 82. Pettus Plumbing & Piping Inc. Tony M. Robertson, RME C-52 Ventilating & air conditioning

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83. Preciado Electric Inc. Heden Preciado, RME C-13 Electrical

84. Paul N. Ryan, RME Shimmick Construction Company Inc. C-13 Electrical C-62 Pole & line C-63 High voltage electrical 85. S&C Electric Company (Additional classification) Wayne S. Sherrill, RME “A” General Engineering 86. SJ Communication Inc. Patrick E. Soesman, RME C-15 Electronic systems 87. Roger N. Sharp, RME Triad Retail Construction Inc. “B” General Building 88. Sierra Detention Systems Inc. Walter R. Pilcher, RME “B” General Building 89. Sierra Pacific Construction Lester T. Johnson, RME “B” General Building 90. Soltren Painting LLC Phillip E. Soltren, RME C-33 Painting & decorating

91. J A Stowell Construction Inc. James A. Stowell, RME “B” General Building 92. Strong Painting Services LLC

William T. Strong, RME C-33 Painting & decorating 93. Sweat Construction Inc. (Additional classification) Ronald A. Sweat, RME

C-42 Roofing 94. Siale Taetakua (Individual) C-31 Masonry 95. Phillippe F. Tremblay (Individual)


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96. Tropical Islandwide Inc. Nafetalai Finau, RME C-27 Landscaping C-31 Masonry 97. Vector Security Inc. Curtis L. Bibb, RME C-15 Electronic systems 98. Video Warehouse Inc. (Additional classification)

Thomas K.M. Lee, RME C-60 Solar power systems 99. Larry Watt Limited Liability Company Brian D. Kirk, RME “B” General Building

100. West Steel Corporation Jason K. Kaahaaina, RME C-24 Building, moving & wrecking C-32 Ornamental, guardrail, & fencing C-48 Structural steel C-56 Welding

101. YD Hawaii Construction Corporation

Kinsey H. Kim, RME (Reactivate) “A” General Engineering “B” General Building C-1 Acoustical & insulation C-31 Masonry C-36 Plastering

102. Z-Act LLC Caleb K. Olayan “B” General Building

“A” General Engineering (withdraw) 103. Charles R. Zeldenthuis, RME

Mastec Network Solutions LLC “A” General Engineering C-68TN Communication tower (approve 5/16)

CONTRACTORS LICENSE BOARD - cca.hawaii.gov · 6/24/2016 · State of Hawaii Minutes of Meeting...

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Transcript of CONTRACTORS LICENSE BOARD - cca.hawaii.gov · 6/24/2016 · State of Hawaii Minutes of Meeting...