NEW JERSEY STATE BOARD OF ARCHITECTS
January 24, 2008
Public Session Minutes

I CALL TO ORDER

 

The regularly scheduled meeting of the Board was called to order at 9:25 am in the Union Conference Room on the third (3rd) floor at 124 Halsey Street, Newark, New Jersey

PARTICIPANTS
PRESENT
ABSENT
EXCUSED
President - Albert Zaccone, RA
(X)
( )
( )
Vice President - Frederick Kniesler, CLA
(X)
( )
( )
Board Member - Paul DeMassi, RA
(X)
( )
( )
Board Member - Diane Goté, CID
(X)
( )
( )
Board Member - Howard Horii, RA
(X)
( )
( )
Board Member - Kishor Y Joshi, RA
(X)
( )
( )
Board Member - Bernard Kellenyi, RA
( )
( )
(X)
Board Member - Helene Schlegel
( )
( )
(X)
Public Member
Board Member Vacant - Architect Member
Board Member Vacant - Government Member
Board Member Vacant - Public Member

OTHERS PRESENT: B. Michelle Albertson, Deputy Attorney General; James S. Hsu, Executive Director, Board of Architects; Margaret Hinkley, Secretary to Executive Director and staff member Beverly Rankin of the Board of Architects.

ALSO PRESENT: Patricia Schiripo, Regulatory Analyst, Division of Consumer Affairs

II OPEN PUBLIC MEETINGS ACT

The statement required by Chapter 231, public laws of 1975, the "Open Public Meetings Act," was read and it was announced that notice of this meeting was prepared in the office of the Board of Architects and mailed to the Secretary of State, the Newark Star-Ledger, the Trenton Times, the Camden Courier-Post, the Record and the Atlantic City Press.

III APPROVAL OF MINUTES

January 10, 2008

ACTION: Mr. DeMassi motioned to approve the minutes as presented. Mr. Horii seconded the motion. It was unanimously approved.

IV ANNOUNCEMENTS

Executive Director Hsu announced the following:
– Joe Abello’s grandfather passed away. He was 97 years old. The Board expressed its condolences for Joe and his family.
– A total of 900 letters have been sent to all initial applicants regarding NCARB’s changes to the ARE along with a copy of the transitional chart from NCARB.
– Tom Dolan gave a presentation at the NJ Historical Society on Newark and the gateway complex.

Mr. Zaccone announced he received an e-mail from Lenore Lucy of NCARB pertaining to any individual interested in serving as an NCARB officer or serving on an NCARB committee to contact Susan Wise at NCARB.

V OLD BUSINESS

A Petition for Rule-making

Letter dated September 4, 2007 from Lawrence Powers, Esq. of Hoagland, Longo, Moran, Dunst & Doukas LLP regarding a Petition for Rulemaking - N.J.A.C. 13:27-3.1; N.J.A.C. 13:27-9.2; N.J.A.C. 13:27-9.4 from the AIA New Jersey. On September 13, 2007, Patricia Schiripo, Regulatory Analyst, Division of Consumer Affairs was present to discuss this issue with the Board. DAG outlined the process when a board receives a petition for rulemaking. The Board has sixty (60) days to determine if they would grant the petition, deny the petition or request an extension to further review the petition. DAG Albertson apprised the Board that the Petition for Rulemaking requests the Board to define certain terms that are not currently defined and that the NAAB Accredited degree be considered substantially equivalent to the education requirement for Certified Interior Designers. It was determined to establish a committee, consisting of two Registered Architects and two Certified Interior Designers to review the petition and determine any action to be taken if necessary. Messrs. DeMassi and Zaccone will represent the Architects and Ms. Goté and another member of the Interior Design Committee will meet to discuss the petition. The first meeting of this committee was held on Thursday, September 27, 2007 after the Architects board meeting. The Committee determined to obtain further info in preparation of discussing definitions of terms to be defined and the issue of NAAB degree equivalency. On October 25, 2007, Mr. DeMassi motioned to file an extension of 90 days to respond to the petition inasmuch as information is still be gathered to make a determination. Ms. Goté seconded the motion. It was unanimously approved. It was determined to schedule meetings with the petitioner and other entities that could provide the sub-committee with additional information in its decision on the petition. On November 8, sub-committee members met after the conclusion of the Architects meeting today to develop questions for the December 11, 2007 meeting with the petitioner and other parties of interest. Invitation letters have been sent for the scheduled December 11, 2007 meeting with the Lawrence Powers, Esq, AIA-NJ and representatives from NCIDQ, CIDA, ASID, IIDA were also invited to provide the Interior Design Committee with information. On December 11th, the sub-committee met at 10am with Lawrence Powers, Esq., Richard W. Gaeckle, Esq., and Jerome Eben, President of NJ-AIA were present to discuss the intent behind their request for the petition. At 1pm, representatives from the American Society of Interior Designers (ASID) Linda L. Potter, CID; Sharon L. Weiner, Esq.; Caren Martin, PhD ASID; Jim Lothrop, Jr., AIA; Diane Boyer, CID; Judith Fosshage, CID; and Alan M. Siegel, Esq. were present to discuss their opposition to the petition. The members of the sub-committee thanked everyone for coming in and making their respective presentations. The committee members will consider all this information at a future meeting and provide a full report to the Board. On January 10, 2008, the Board reviewed a copy of a December 12, 2007 letter from Judith Fosshage, of the NJ Coalition for Interior Design Legislation, thanking the members of the committee for meeting with them is attached for Board’s information. The Board duly noted Ms. Fosshage’s letter. The Committee will review the draft response to the petition and make a recommendation to the Board at the next meeting.

1/24/08 Attached is a copy of the response to the petition for Board review.

ACTION: Mr. DeMassi motioned to deny the partition based on the reasons outlined in the response. Mr. Kniesler seconded the motion. It was unanimously approved.

B.  Potential change to existing regulations

On September 13, 2007, the Board reviewed the NCARB Fast Facts dated July 27, 2007 which announced various items including MBE on the NCARB Board - Nominations Open; Message from the Treasurer; Member Board Chairs conference; 2007 Member Board Executive workshop; New ARE and IDP e-news; ARE 4.0 Transition Charts. Patricia Schiripo, Regulatory Analyst, Division of Consumer Affairs met with the Board to discuss the issue that NCARB has changed the ARE exam from a nine-part exam to a seven-part exam and if a rule change is necessary. The Board’s concern is with its statute N.J.S.A. 45:3-5.1 and regulation N.J.A.C. 13:27-4.4 which contains language for professional engineers taking certain sections of the ARE to become NJ licensed architects. With the change to the exam (4.0 version), it appears that professional engineers may have to take all sections of the new ARE. The Board would like to amend its regulations noting the change to the ARE and request Ms. Schiripo prepare draft for review and discussion at the October or November meetings. On December 13th, the Board reviewed a copy of the transition chart and the Board’s statute N.J.S.A. 45:3-5.1 and regulation N.J.A.C. 13:27-4.4 pertaining to professional engineers successfully passing certain sections of the ARE to become NJ licensed architects. After much discussion, it was determined to send a letter to all ARE applicants including licensed engineers currently approved to take the ARE (pipeline applicants) and those who have an open application (incomplete applications) notifying of NCARB’s transition from the 3.1 to 4.0 ARE. Mr. DeMassi motioned to accept NCARB’s transition from the 3.1 to 4.0 ARE. Mr. Joshi seconded the motion. It passed unanimously. Mr. DeMassi motioned to prepare in addition to proposed regulations, a Public Notice in the New Jersey Register Mr. DeMassi motioned to prepare in addition to proposed regulations, a Public Notice in the New Jersey Register concerning the changes to the ARE. Regulatory Analyst and DAG Albertson are working on draft regulation concerning changes to the ARE. Mr. Horii seconded the motion. It passed unanimously. On January 10th, Executive Director Hsu thanked DAG Albertson and Regulatory Analyst Patricia Schiripo for their efforts in developing the Notice. Editorial changes were made to the proposed regulation. Mr. DeMassi motioned to approve the regulation with modifications and authorize President and Executive Director to sign off on the regulation. Mr. Joshi seconded the motion. It passed unanimously.

1/24/08 Copy of the Notice published in the New Jersey Register regarding the notice of change to the ARE is attached for board information.

Copy of the proposed regulation is attached for board review.

ACTION: Regulatory analyst Patricia Schiripo distributed an amended regulation identifying the NCARB chart. After reviewing the proposed regulation, Mr. DeMassi motioned to approve the proposed regulation as presented. Mr. Horii seconded the motion. It was unanimously approved.

C.  Joint Advisory Letter to Housing Authorities in New Jersey.

Mr. DeMassi requested that a joint letter from the Architect Board and the Professional Engineer Board be drafted and sent to all Housing Authorities in New Jersey advising that only architects and/or engineers can prepare bid documents. On September 4th, the joint committee unanimously voted to forward the draft letter with editorial changes to the Board of Professional Engineers for discussion at its meeting scheduled for September 6. On October 2, 2007, upon reviewing the Board of Engineer’s memo, the joint committee determined to remove the words “a separate independent contract with” from the sixth paragraph of the joint letter. Mr. Zaccone motioned to approve the advisory letter as amended. Mr. Valenti seconded the motion. It passed unanimously. Executive Director Hsu advised that he spoke with Mr. DePaula with regard to disseminating the joint advisory letter to all housing authorities. Mr. DeMassi motioned to follow the prior motion in this matter to send the joint advisory letter to all New Jersey housing authorities directly. Mr. Valenti seconded the motion. It passed unanimously.

1/24/08 Copy of a letter dated December 6, 2007 addressed to all Public Housing Agencies from Edward DePaula, Chief, Office of Public Housing is attached for board information.

ACTION: Executive Director Hsu informed the Board that upon comparing Mr. DePaula’s letter and a similar letter from September 20, 1999. It appears Mr. Depaula’s letter is incomplete and has been advised of same. Mr. Hsu requested a hard copy of the complete letter. The Board determined that if the complete letter is not received within a reasonable amount of time, the Board will mail its letter to all NJ public housing authorities.

VI NEW BUSINESS

A Landscape Architect Examination and Evaluation Committee

December 12, 2007 minutes

ACTION: Mr. DeMassi motioned to approve the Landscape Architect Committee minutes as presented. Mr. Horii seconded the motion. It was unanimously approved.

B Interior Design Examination and Evaluation Committee

December 5, 2007 minutes

ACTION: Ms. Goté motioned to approve the Interior Design Committee minutes as presented. Mr. DeMassi seconded the motion. It was unanimously approved.

VII REVIEW OF APPLICATIONS

A. Applications for Licensure by Credentials
The following individuals have applied for licensure by credentials, have met board requirements and are recommended for licensure: * - NCARB Council Record Holder

Davis, H. John*             Greene, Michael D.*              Hyman, Myles K.*
Karkau, Kenneth A.*     Rockcastle, Garth C.*            Snyder, Adam *
Cohen, Gloria A.            Solon, Kelly X.*                     Katz, Paul*

ACTION: Mr. DeMassi motioned to approve the above individuals for licensure by credentials. Mr. Horii seconded the motion. It was unanimously approved.

B. Applications for Examination
The following applicant/s applied for admission to the Architectural Registration Examination and are recommended by staff:

Edward Danza Jr.

ACTION: Mr. DeMassi motioned to admit Mr. Danza to the ARE process. Mr. Horii seconded the motion. It was unanimously approved.

Gregory R. Kowtko

ACTION: Mr. DeMassi motioned to admit Mr. Kowtko to the ARE process. Mr. Joshi seconded the motion. It was unanimously approved.

Luis G. Rosario-Luveras

ACTION: Mr. DeMassi motioned to HOLD Mr. Rosario-Luveras application inasmuch as the information provided by NCARB indicated he has NOT satisfied IDP requirements. Mr. Horii seconded the motion. It was unanimously approved.

C Licensure by Examination
The following applicant/s have completed all Divisions of the Architectural Registration Examination and are submitted to the Board for licensure:

Jae Chung Jennifer Hart

ACTION: Mr. DeMassi motioned to approve the above individuals for licensure inasmuch as they have completed the initial application process. Mr. Horii seconded the motion. It was unanimously approved.

VIII PUBLIC COMMENTS

Seeing no one present from the public, Mr. Zaccone proceeded to the next item on the agenda.

IX EXECUTIVE SESSION

At 10:15am Ms. Goté motioned to go into Executive Session for the purposes of reviewing the minutes and other items on the agenda. Mr. Joshi seconded the motion. It was unanimously approved

X NEXT MEETINGS

February 14, 2008 Regular Meeting Union Room - 3rd Floor

February 28, 2008 Regular Meeting Union Room - 3rd Floor
Investigative inquiry with complainant pertaining to ITEM Nos. 54059 & 54851 - 10am
Investigative inquiry with respondent pertaining to ITEM No. 54059 - 11:30am
Investigative inquiry with respondent pertaining to ITEM No. 54851 - 1pm

XI ADJOURNMENT

At 2:10pm Mr. Kniesler motioned to adjourn the meeting. Mr. Joshi seconded the motion. It was unanimously approved


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