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Amicus Brief-Padavan Law
Several years ago a bill sponsored by Senator Frank Padavan (Queens) was enacted into law, seriously affecting the practice of architecture in New York City. This bill authorizes the Department of Buildings in New York City to prevent an architect or engineer from submitting construction documents, upon a determination that such individual has filed false or misleading statements with the Department of Buildings. In New York City, architects may "professionally certify" to obtain a building permit. An architect, Robert Scarano, Jr., has been so sanctioned and is challenging the validity of the law, citing equal protection issues, among others.
This fall, AIANYS, as well as chapters in the New York City area, were approached about joining the lawsuit, as a friend of court (amicus). As directed by the Board of Directors, the Executive Committee took this up and appointed a subcommittee to determine whether or not to become involved. Participation by AIANYS would require the unanimous consent of the subcommittee. While the current law applies only to New York City, there is nothing to prevent similar legislation from being introduced to extend such authority to other municipalities. The decision was unanimously made to proceed as an amicus, given the serious implications for our members and the profession. Therefore, AIANYS joined several of the chapters from the New York City area in challenging the law. The case was argued on October 28, and it will probably be months before a decision is announced.
There are serious equal protection constitutional issues raised in this case. AIANYS did not dispute, nor comment on, the findings of the Administrative Law Judge in sanctioning Mr. Scarano. The major concern AIANYS has with the law, and the reason we filed the brief, is that the decision of the Department of Buildings to ban an architect from submitting construction documents amounts to a de facto taking of ability to practice architecture, an authority that is the sole purview of the State Department of Education, which grants the license.
While in this case, the Department of Buildings has forwarded its decision to the State Department of Education for further action, there is no requirement that it do so.
As a follow-up to the amicus, AIANYS will seek an amendment to the current law to restrict any future ban by The Department of Buildings to only that time the State Education Department needs to make a determination about the ability to continue to hold a license to practice. We will call for an expedited review procedure by the Education Department, and hope that the City of New York will join us in seeking such an amendment. |
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Livable New York Advisory Group Report
In response to the significant demographic and social changes experienced by our communities, the State's Livable New York initiative was created to help communities better plan for the housing and community development needs of New York's older adults, younger-aged people with disabilities, families, and caregivers. As a means of creating more livable communities, Livable New York focuses on housing, planning, zoning, universal design, mobility, transportation, energy alternatives, and green building.
The New York State Office for the Aging (NYSOFA) established a Livable New York Advisory Workgroup of 86 individuals (including AIANYS) who are experts in the initiative's focus areas. The workgroup convened in a day-long session on October 1, 2009, during which members developed a set of recommendations that are meant to address challenges and barriers that communities can encounter when attempting to implement activities and projects related to the initiative's focus areas.
These recommendations were organized into a Report. The Report has now been presented to the Governor's office. It can be found on NYSOFA's web site: http://www.aging.ny.gov/, click on the Livable New York logo, and select "Advisory Workgroup: Members and Recommendations Report" in the navigation menu. Terrence O'Neal, AIA, New York Regional Director and Edward Farrell, Executive Director represented AIANYS. |
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AIANYS Product Showcase Raffle Winners
AIANYS held a raffle for the exhibitors at the Product Showcase during the 2010 Convention in Buffalo. Two companies who were selected will receive AIANYS Corporate Allied Memberships.
The winners are:
Boston Valley Terra Cotta, John Krouse, President, Sheri Carter, Sales & Marketing Director and Patricia Aubrecht, Sales Administrator, 6860 South Abbott Rd., Orchard Park, NY 14075, Phone: 716-649-7490, email: info@bostonvalley.com, website: www.bostonvalley.com
International Code Council, Dorothy Harris, Vice President, State & Local Government Relations North, 48 Dublin Drive, Niskayuna, NY 12309, Phone: 888.422.7233, ext. 7722, email: dharris@iccsafe.org.
AIANYS also held gave convention attendees the chance to play the Product Showcase passport game. Attendees had to collect stamps from the 11 exhibitors on the card and enter a raffle to win various prizes. The grand prize was a full convention registration to the AIA Tri-State Convention in Atlantic City, as well as two nights at Bally's. The winner is Michael Chadwick, AIA, Iskalo Development Corp, AIA Buffalo/Western New York member.
Pictured: (left to right) Marthanne Gershman, Director of Finance, AIANYS, Kelly Hayes McAlonie, AIA, VP, Public Advocacy and Convention Co-Chair and Michael Chadwick, AIA show off the winning raffle passport. |
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Chapters Offering Continuing Education Programs in December
Are you looking for continuing education programs in December? The following Chapters will be offering continuing education:
AIA New York Chapter
Procrastinators' Days
December 9, 10, 11 at the Center for Architecture
http://main.aiany.org/
AIA Eastern New York Chapter
An Update of the Energy Conservation Construction Code of New York State 2010
December 2, 2010
LUs: 1.0 LUs/HSW
http://www.aiaeny.org/continuingeducation/programsevents.html
AIA Westchester/Mid-Hudson Chapter
"Last Call" Programs
December 6 and December 8, 2010
Alternative Materials for Countertops
2 AIA CES
December 7, 2010
International Standards & Training Alliance
2 HSW CES
http://www.aiaarchitect.net/site/calendar/index.htm
AIA Rochester
Fire Code Prevention
December 15, 2010
LUs: 2 LUs/HSW
www.aiaroch.org
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AIA Buffalo/Western NY Presented Community Service Award to Assemblyman Hoyt
AIA Buffalo/Western New York presented Assemblyman Sam Hoyt with a Community Service award. Hoyt was given the award because of his package of "smart growth" legislation (the Historic Rehabilitation Tax Credit and the Smart GrowthPublic Infrastructure Policy Act) and his work to acquire Main Street grants to inject state infrastructure dollars into local neighborhoods.
"I am humbled to be honored by the local architecture community," Hoyt said. "It was not easy to pass these smart growth laws during a chaotic legislative year in Albany. I am honored that the local architects recognize the value of these laws and my work to funnel state funds to Western New York projects. The fine work of the architects in our area will turn these laws into bricks and mortar and bring real change to our community through not only new builds, but preservation projects, too."
Hoyt was nominated by a group of local preservationists who were present at the ceremony to present him the award: Clinton Brown, Clinton Brown Architecture Company; Karl Frizlen, The Frizlen Group; Charles Gordon, Charles Gordon Architecture; Matthew P. Moscati, TRM Architect; and Charles J. Schneider, Schneider Development. |
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AIA Eastern NY Annual Meeting
AIA Eastern New York held their Annual Meeting at the end of October at The Arts Center in Troy. Russell Davidson, AIA, New York Regional Director and Edward Farrell, Executive Director attended the meeting. Throughout the year, all 3 New York Regional Directors visited with local chapters.
Pictured: Russell Davidson, AIA, New York Regional Director; Jeff Mural, AIA, President, AIA Eastern NY; Dan Wilson, AIA, Treasurer, AIA Eastern NY, Anna Campas, AIA, VP Programs, AIA Eastern NY; Edward Farrell, Executive Director; David Pacheco, AIA, Past President, AIA Eastern NY and AIANYS Board Member and James Condon, AIA President-Elect, AIA Eastern NY. |
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AIA Peconic 2010 Design Awards
AIA Peconic recently held the 2010 Daniel Rowen Memorial Design Awards. The jurors for this year's program were: Rick Bell, FAIA, Frederick Bentel, FAIA and Paul Broches, FAIA. The jury met to review 35 portfolios after having received them electronically in advance. Eight projects were chosen as winners.
This year, the awards committee decided to revive a Member Exhibition that has not been conducted in quite some time and combine it with the awards program.
A symposium and presentation was held at the Watermill Atelier, a vacant commercial building made available by the owners that was an award winning project in 2008.
The event was a huge success and very well attended. The exhibition was held for two weekends and open to the public. To view the 2010 recipients, go to: http://www.aiapeconic.org/awards.php. |
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AIA's Legislative Agenda
AIA President George Miller, FAIA wrote an opinion piece for The Hill Newspaper's "Congressional Blog" outlining to the new 112th Congress the AIA's basic legislative agenda. To read the piece, go to: http://thehill.com/blogs/congress-blog/lawmaker-news/128149-an-open-letter-to-the-112th-congress-from-americas-architects. |
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Zetlin & De Chiara Partners Receive Several Honors
Best Lawyers of America has named Michael S. Zetlin the 2011 New York Construction Lawyer of the Year, and recognized both founding partners Michael K. De Chiara and Michael S. Zetlin as Best Lawyers in Construction Law.
Super Lawyers Magazine also named Michael K. De Chiara, Michael S. Zetlin, Raymond T. Mellon and Carol J. Patterson as four of the top construction litigation attorneys in New York, and James T. Terry as a leading attorney in construction/surety law. Only five percent of all lawyers in New York are recognized by Super Lawyers Magazine. |
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AIANYS Welcomes Individual Allied Members
AIANYS welcomes to following individual allied members:
Frank Manzella, Thermo Roll Window Corp., 5 Kean Street, W. Babylon, NY 11704, Phone: (631) 643-3555, Email: thermoroll@aol.com
Moira Moldenhauer, Dwight Moldenhauer, 374 Delaware Avenue, Buffalo, NY 14203, Phone: (716) 854-2616, Email: mmoldenhauer@dwightmoldenhauer.com
Andrew Richards, Kaufman Dolowich Voluck & Gonzo LLP, 135 Crossways Park Drive, Suite 201, Woodbury, NY 11797, Phone: (516) 681-1100, Email: Arichards@kdvglaw.com
Allied Membership allows corporations and individuals not otherwise eligible for AIANYS membership to participate in some services. For more information and the online Allied Membership Application, go to: http://guest.cvent.com/EVENTS/Onsite/Welcome.aspx?e=595c258a-ef44-488d-b1c4-cc6bb3bcf41d. |
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AIANYS Office Closed November 25 and 26
AIANYS office will be closed November 25 and 26 for the Thanksgiving holiday. Happy Thanksgiving! |
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