March 27, 2008
Public Session Minutes
I CALL TO ORDER
The regularly scheduled meeting of the Board was called to order at 9:34 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 Vacant - Architect Member | |||
| Board Member Vacant - Government Member | |||
| Board Member Vacant - Public 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 Joseph Abello of the Board of Architects.
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
February 28, 2008 as amended
ACTION: Mr. DeMassi motioned to approve the minutes as presented. Mr. Kniesler seconded the motion. It was unanimously approved.
March 13, 2008
ACTION: Mr. DeMassi motioned to approve the minutes as presented. Mr. Kniesler seconded the motion. It was unanimously approved.
IV ANNOUNCEMENTS
Executive Director Hsu announced the following:
– He will not be attending the upcoming Joint Committee and interior Design Committee meetings next week.
– Investigative inquiry scheduled for today at 10:30am pertaining to ITEM NO. 54927.
-- Ms. Helene Schlegel has submitted her resignation from the Board due to other commitments with her employer.
Mr. DeMassi requested that the Landscape Architect legislation be discussed after the next Joint Committee meeting. Mr. Kniesler may attend the meeting for that discussion.
Mr. DeMassi announced that he will be attending the NCARB Annual meeting scheduled for June 26-28, 2008 in Omaha, Nebraska.
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. On January 24, 2008, the Board reviewed a copy of the response to the petition. Mr. DeMassi motioned to deny the partition based on the reasons outlined in the response. Mr. Kniesler seconded the motion. It was unanimously approved.
3/27/08 Published in the March 17, 2008 issue of the New Jersey Register is the Notice of Final Action on Petition for Rulemaking.
ACTION: Duly noted.
VI NEW BUSINESS
A Correspondence
1 Copy of an e-mail from Kim Kerker, Assistant Director, Communications / Art Director of NCARB with draft resolutions that will be acted upon at the 2008 Annual Meeting and Conference.
Resolution 2008-A - Handbook for Interns and Architects Amendment - Clarifying Training Setting for Earning Training Credit Under Non-US and Non-Canadian Architects Resolution 2008-B - Model Law Amendment - Acceptance of the NCARB Certificate
Resolution 2008-C - Bylaw Amendment - Clarifying the Roles of the Committee on the Intern Development Program and the Committee on Education Resolution 2008-D - Handbook for Interns and Architects Amendment - Clarifying the Appeals Process Related to the Five-Year Rolling Clock and Adding Birth or Adoption of a Child as a Cause for Extending the Five-Year Period. Resolution 2008-E - Model Regulations and Rules of Conduct Amendment - Clarifying Knowledge and Skill Resolution 2008-F - Handbook for Interns and Architects Amendment - Revising Exam Equivalents for the ARE (appendix attached) DISCUSSION: The Board discussed that the resolution is not clear. If a candidate passes some of the 3.1 ARE sections prior to June 30, 2009 does that candidate have to only take the 4.0 sections that correspond to the 3.1 sections not yet passed; or does the candidate have to take all sections of the 4.0 ARE. The board was reminded that the resolution language may differ from the proposed rule the board approved pertaining to the transition of the ARE.
Resolution 2008-G - Handbook for Interns and Architects Amendment - Reporting Requirement for IDP Training Units (appendix attached) Resolution 2008-H - Handbook for Interns and Architects Amendment - Employment Duration Requirement for IDP Training Units Resolution 2008-I - Handbook for Interns and Architects Amendment - Allowing Certain Minimum Training Units for Completion of Qualified Emerging Professional’s Companion Exercises Resolution 2008-J - Model Regulations Amendment - Including Sustainable Design Among Health, Safety, and Welfare Subjects for Purposing of Continuing Professional Development Resolution 2008-K - Handbook for Interns and Architects Amendment - Limiting the Number of Professional and Community Service Training Units in Work Settings A through F to 40 Training Units Resolution 2008-L - Model Regulations and Rules of Conduct Amendment - Taking into Account Generally Established Sustainable Design Principles Within the Rules of Professional Conduct Resolution 2008-M - National Academy of Environmental Design (appendix attached)
2 Attached is a letter dated March 18, 2008 from Stephen McNally of Chiumento, McNally & Shockley, LLC, requesting the Board’s direction to a specific rule or regulation that would clarify the following: "What, if any, is the procedure an architectural firm in the State of New Jersey must undertake where they have collected a retainer from a prospective client but eh client has ‘abandoned’ the retainer and has left no forwarding address?"
ACTION: The Board determined to send a letter to Mr. McNally advising that the Board does not regulate the circumstance presented. Enclose a copy of the regulations for his information.
B Information
1 NCARB’s Fast Facts dated February 29, 2008 with important information of ARE 4.0 is attached for the Board’s information.
ACTION: Duly noted.
2 Copy of an e-mail from Steve Parker with his NCARB Region 2 Board of Director’s Report attached for the Board’s information.
ACTION: Duly noted.
3 Copy of an e-mail from Helene Schlegel resigning from the Board of Architects is attached for board information.
ACTION: Duly noted.
C Landscape Architect Examination and Evaluation Committee
February 20, 2008 minutes
ACTION: Mr. DeMassi motioned to approve the Landscape Architect Committee minutes as presented. Mr. Joshi seconded the motion. It was unanimously approved.
VII REVIEW OF APPLICATIONS
No business was discussed
VIII PUBLIC COMMENTS
Seeing no one present from the public, Mr. Zaccone proceeded to the next item on the agenda.
IX EXECUTIVE SESSION
At 10:05 am, Mr. DeMassi motioned to go into executive session for the purposes of reviewing the matter scheduled for the inquiry as well as the minutes and other disciplinary matters on the agenda. Mr. Horii seconded the motion. It was unanimously approved.
X NEXT MEETINGS
April 10, 2008 Regular Meeting
Union Room - 3rd Floor
April 24, 2008 Regular Meeting
Union Room - 3rd Floor
Investigative inquiry with complainant pertaining to ITEM No. 54927 - 10:30am
XI ADJOURNMENT
At 2pm, Mr. DeMassi motioned to adjourn the meeting. Mr. Kniesler seconded the motion. It was unanimously approved.
