Construction Contractors Association January 2020 Newsletter

On the

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Orange County District Attorney David Hoovler Pledges to Prosecute Wage Theft Cases FULL STORY INSIDE...

The Quarterly Associations Newsletter of: Construction Contractors • Sheet Metal & Roofing Contractors • Fabricators Erectors & Reinforcing Contractors

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DIRECTOR’S MESSAGE Prior to being selected

As a usually upbeat guy, I dread the 2020 election season. It

as Executive Director of

seems election advertising gets nastier every year. Although

Construction Contractors

as I think back to my early days, Lincoln-Douglas Senate and

Association of Hudson

Presidential debates were nasty as well. From the national

Valley in 2009, I served

level to the local, it seems like there are no clean campaigns.

two terms on the Board,

How do we, as an electorate expect good people willing to

starting in 2000. Since

subject themselves to this type of treatment? When you find

January of 2000, I have

those special and good leaders, they can earn more money in

heard about the economic

the private sector without the abuse.

challenges and uncertainties, non-union competition, training issues and enough supply of qualified craftspeople and cheating contractors, to name a few.

I love a good debate, but when was the last time you saw a true issue-based debate instead of personal attacks? For those history buffs, remember that President Johnson and

As we kick off 2020, I want to assure you that we continue to

Sen. Everett Dirksen were on opposite ends of the political

address those concerns as well as the numerous other issues

spectrum, but remained great friends through their careers.

of governmental regulation, health care, insurance, suicide prevention and drug abuse prevention. We also have several union contracts up for negotiation this year.

As a Trustee on many pension funds, I find great irony in the financial perspectives we get from almost every consultant as they all refer to the “uncertainty of the markets.” Well if the

We welcome back to the CCA Board for the new year, Jim

markets were “certain,” wouldn’t we all invest when markets

McGowan of McGowan and Son Masonry and Al Torreggiani

were going up and hide our cash under the mattress when

of Key Construction Services, both have prior Board service

markets were certain to go down? We pay these people for

but “termed out.” In addition, we welcome “first termer,” Joe

this observation? (By the way, my youngest son, Adam, is

Perez of Paramount Contracting.

getting his MBA to go into the investment consultant market).

As I reflect on the year end, I am so proud of what our

On a personal and professional note, Ross Pepe from

Associations have accomplished. I would like to thank our

Construction Industry Council is “easing” into retirement.

Boards for their continued support of our mission. They offer

Ross has been a friend and mentor since I started at CCA.

guidance and insight, but also supply me with the resources

Although he is only easing out the door and down that road,

needed to address industry issues. Our staff backbone,

I wish Ross and Audrey a long and happy retirement.

Patty Dalton is about to have her 35th anniversary at CCA (she started out of kindergarten). Millie Rodriguez joined us in 2017. Last year Barry Lewis came on Board as VP of Communications and most recently, Alan Creais joined us in membership development.

meow.” You younger people can Google that.

Thank you to all that have contributed and continue to contribute industry relevant articles to our newsletter. We thank you for taking to time to share your expertise with

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with him for years to come. I have known John as a fellow Trustee on Laborers Local 754 and his “smarts” never ceases to amaze me. While John has big shoes to fill with Ross’ retirement, the CIC Board made an outstanding selection.

Our team, here to serve our three associations is the “cat’s

fellow members.

I also welcome John Cooney and look forward to working

Best wishes to all for a happy, healthy and prosperous 2020.

Alan Seidman Alan Seidman Executive Director

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Action Aims to Protect Workers and Legitimate Contractors in the Region

By Barry S. Lewis, Vice-President of Communications & Member Relations

Wage theft and construction fraud is costing taxpayers million of dollars, local laborers the chance to earn a fair living and potentially risks the lives of residents who may be walking into unsafe schools, hospitals and businesses, said prosecutors and labor leaders at a press conference last October at Montefiore St. Luke’s Cornwall Hospital in Newburgh.

Joan Cusack-McGuirk, president and Chief Executive Office of Montefiore St. Luke’s Cornwall in Newburgh talks about the hospital’s positive experiences using area contracting companies on construction projects during a press conference in the hospital lobby. With her is Construction Contractor Association Executive Director Alan Seidman.

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Orange County Attorney David Hoovler was joined by Dutchess County District Attorney William Grady as the two lawmakers pledged to prosecute wage theft cases to the fullest extent of the law and announced a zero-tolerance policy for any business that exploit workers and steals wages from employees.

New York State Department of Labor statistics show that

wages no longer enjoy an advantage over contractors

in 2018, more than $35.3 million in fraudulently obtained

who follow the law. The illegal activities of unscru-

money was returned to 35,000 workers throughout the

pulous contractors give those contractors an unfair

state who were victimized by wage theft and public

advantage over contractors who play by the rules,

work violations. Fraud involving Workers Compensation

particularly when contractors are bidding against each

Insurance and Unemployment Insurance also costs the

other to work on public work’s projects.”

state, private companies and local governments huge sums of money every year.

The press conference was held in the lobby of Montefiore St. Luke’s Cornwall’s Newburgh campus, which has been

“No one deserves to be victimized while they are earning money to support their families,” said Hoovler. “An employer’s number one responsibility is to make sure that its employees have been paid what they were promised.

the site of ongoing extensive construction projects which largely utilize area companies and labor.

“Wage theft and construction industry tax fraud is bad for workers, bad for honest contractors and bad for taxpayers. These are not victim-less crimes. The cost of the “underground economy” is stealing our work and dollars from us and other area taxpayers, while at the

“My office will do everything in its power to ensure that workers receive legal wages and are not victimized either while they are working. I am pleased to be working with organized labor in Orange County to ensure that contractors who illegally pay improper

same time increasing insurance costs for those businesses and taxpayers that pay their bills. This is a rampant and dangerous crime that needs to be exposed and prosecuted,” said Alan Seidman, Executive Director of the Construction Contractors Association of the Hudson Valley. continued...

From left, Joseph Surace, Vice President of Operations for Montefiore St. Luke’s Cornwall Hospital, discusses the ongoing construction with Orange County District Attorney David Hoovler and Dutchess County District Attorney William Grady. The hospital is building a new emergency room and making other improvements using local labor.

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Action Aims to Protect Workers and Legitimate Contractors in the Region A contractor who pays less than the prevailing wage will

SOME OF THE MOST COMMON WAYS EMPLOYERS STEAL WAGES INCLUDE:

have lower labor costs and will therefore be more likely

• Paying tips only;

involved in construction industry, stressed the need

• Paying a day rate for work performed

including protecting workers’ wages, workers

that is sub-minimum wage when hours worked are counted;

to be awarded the contract as the lowest bidder. That is grossly unfair to competing, honest contractors who play by the rules.

Todd Diorio, President of the Hudson Valley Building Trades, a group comprised of various of unions for criminal enforcement of laws to protect workers, compensation insurance benefits and unemployment insurance benefits, and spoke of the benefits of using

• Not paying an overtime rate for hours

local companies and unions.

worked over 40 in a payroll week; • Not paying for travel time between work assignments in the same day; • Withholding final paychecks; • Not paying for “training” time; and

REGIONAL BREAKDOWN OF THE WAGES RETURNED TO VICTIMS IN 2018:

• Charging employees for required REGION

AMOUNT DISBURSED

NUMBER OF WORKERS

Capital Region

$1,119,781.60

1,965

Central New York

$840,798.78

1,036

Finger Lakes

$1,833,320.96

3,364

Long Island

$4,896,831.49

3,133

the type of work that they perform. The prevailing wage

Mid-Hudson

$4,389,209.97

4,806

is the minimum an employee can be paid on a public

Mohawk Valley

$350,624.11

1,434

establishes prevailing wages. The prevailing wage for

New York City

$17,371,962.07

14,987

each trade is determined by the wage negotiated in a

North Country

$199,710.31

337

Southern Tier

$346,165.36

385

Western New York

$2,322,075.01

3,410

process. In addition to cheating employees, the failure

Statewide*

$1,699,520.64

983

to pay prevailing wages gives unscrupulous contractors

TOTAL

$35,370,000.30

35,840

uniforms or equipment.

Under New York State law, workers on all public works projects are entitled to receive the “prevailing wage” for

works project. The New York State Department of Labor

given locality between labor organizations and private sector employers that employ at least 30 percent of workers in the same trade. Usually, contractors on public works projects are selected after a competitive bidding

the ability to submit lower bids than honest contractors.

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Todd Diorio, President of the Hudson Valley Building Trades stressed the need for criminal enforcement of laws to protect workers, including their wages and benefits.

“When you criminally charge cheating contractors it creates a level playing field for good contractors which results in a quality project where it is safe to work with good wages and benefits,” said Diorio, who noted the efforts by Hoovler and Grady to fight and protect the construction works and legitimate contractors in the region.

“If you want to cheat—stay out of these counties, because you will get caught!”

Joan Cusack-McGuirk, President and Chief Executive Officer of Montefiore St. Luke’s Cornwall, spoke of the hospital’s positive experiences using area contracting companies on construction projects at the hospital and

IF YOU KNOW SOMETHING, CALL

stated that quality and safety at the hospital during those

The Orange County District Attorney’s Office

projects has never been negotiable.

operates a Labor Crime Tip Line to receive

“As an economic engine in the Hudson Valley generating $300 million in economic activity, and as an organization that provides high quality clinical care to more than 250,000 residents per year, we are committed to ensuring that all workers have a safe job site and secure employment, Cusack-McGuirk said.

applaud our District Attorneys, David Hoovler, Jim Farrell, and William Grady for bringing this critical

blewis@ccahv.com ON THE LEVEL:

particularly crimes involving failure to pay proper wages, unsafe working conditions, prevailing wage violations, workers compensation fraud, and other crimes where either employees or the government have been victimized. Callers can leave

“On behalf of Montefiore St. Luke’s Cornwall, we

conversation forward.”

reports of crimes involving the workplace,

information anonymously, or if they wish to be contacted by a District Attorney Office criminal investigator, they may leave their contact information. The Labor Crimes Tip Line is (845) 291-2107.

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The Benefits of Building Green

By Rick Alfandre

Rick Alfandre Alfandre Architecture 231 Main Street Suite 201 New Paltz, NY 12561 www.alfandre.com

Buildings have a substantial impact on the health and wellbeing of people and the planet. The quality of our living, learning and working environments have a considerable effect on how successful, effective and productive we are. Most people spend the majority of their lives indoors.

WHY BUILD GREEN Green buildings are better buildings.

The benefits include:

Buildings use resources, generate waste and are

• Faster lease up with higher lease rates

costly to maintain and operate. In the United

• Higher resale value

States buildings use significantly more energy than transportation. The practice of Green

• Healthier indoor space

building is to design, construct and operate a

• Lower use of energy, water

“building” that maximizes occupants’ good health and productivity. It uses fewer resources, reduces waste and lessens environmental impacts while decreasing the life cycle costs.

and other resources • Better for building occupants, the community and the environment • Enhances your brand and establishes

continued...

you as a leader in building better, more healthy projects

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The Benefits of Building Green LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED)

WHAT ROLE DO CONTRACTORS PLAY IN GREEN CONSTRUCTION?

LEED, or Leadership in Energy

Owners and architects are typically the drivers of

and Environmental Design, is the

sustainable design, whether their goals are to achieve

most widely used green building

a certification like LEED or simply to ensure as much

rating system in the world. This is

positive impact as possible during the building’s lifecycle.

available for virtually all building, community and home project types. LEED provides a framework to create healthy, highly efficient and cost-saving green buildings. LEED certification is a globally recognized symbol of sustainability achievement.

Contractors and tradespeople are in a position to influence how successful any project can be, both during construction, after completion and in ongoing operations. It takes buy-in and ownership from all stakeholders to achieve a project’s green ambitions. Contractors today can make more of an impact on sustainability than ever before.

LEED is for all building types and all building phases including new construction, interior fit outs, operations and maintenance, and core and shell. There’s a LEED for every type of building project.

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While not every project will pursue LEED Certification, the LEED standards can serve as guidelines for any project.

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The Benefits of Building Green

More than 90,000 projects have achieved a LEED Certification since 1999. Over 2 million square feet of buildings are certified every day with over 3 billion square feet certified in 140 countries worldwide.

BD+C BUILDING DESIGN AND CONSTRUCTION

H - HOMES

For new construction or major renovations;

For single family homes, low-rise multi-family

includes New Construction, Core & Shell, Schools,

(one to three stories) or mid-rise multi-fam-

Retail, Hospitality, Data Centers, Warehouses &

ily (four to six stories); includes Homes and

Distribution Centers, and Healthcare.

Multifamily Low-rise and Multifamily Midrise.

ID+C - INTERIOR DESIGN AND CONSTRUCTION

CITIES AND COMMUNITIES

For complete interior fit-out projects; includes

For entire cities and sub-sections of a city. Using

Commercial Interiors, Retail and Hospitality.

the Arc performance platform, LEED for Cities projects can measure and manage their city’s

O+M - BUILDING OPERATIONS

water consumption, energy use, waste, transpor-

AND MAINTENANCE For existing buildings that are undergoing

tation and human experience.

improvement work or little to no construction;

LEED RE-CERTIFICATION

includes Existing Buildings, Schools, Retail,

Applies to all occupied and in-use projects that

Hospitality, Data Centers and Warehouses

have previously achieved certification under

& Distribution Centers.

LEED – including BD+C and ID+C, regardless of

ND - NEIGHBORHOOD DEVELOPMENT

their initial rating system or version.

For new land development projects or

LEED ZERO

redevelopment projects containing residential

Available for all LEED projects certified under

uses, nonresidential uses, or a mixed project.

the BD+C or O+M rating systems, or registered to pursue LEED O+M certification. LEED Zero is for projects with net zero goals in carbon and/or resources.

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CCA HOLIDAY CHARITY EVENT The rescheduled holiday event and annual charity drive sponsored by the CCA was proof that the season of giving is year-round. Association members and building trade partners generously donated more than $16,000 to regional charities. CCA Executive Director Alan Seidman presented checks to Dan Grady, President and CEO of Hospice of Orange and Sullivan Counties; Tom Conklin, President and CEO of Make-A-Wish Foundation of the Hudson Valley and Paul Stermer, Director of Food Bank of the Hudson Valley. More than 125 people attended the January 6 event the Powelton Club in Newburgh.

Alan Seidman, Joe Surace and Sean Ward 12

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Bill Banfield, Scott Sm ith, Bob Owen, Scott Dianis and Ma tt Ross

Ron D iaz Bob A , Frank Pale mbros n etti an , d Todd Diorio

e Neuhaus Executive Stev Orange County and Joe Dopico

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Bonnie Lewis, Millie

Rodrig uez, M aria

Mekee l and K athy Ad ams

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PUSHING FOR ROUTE 17 State Senator James Skoufis was joined by Senator Tim Kennedy, the chair of the Transportation Committee, Senator Jen Metzger, as well as labor leaders and 17Foward86 coalition members to advocate for Route 17’s expansion to be included in the upcoming New York State Department of Transportation’s five-year, $500 million Capital Plan.

“Local residents deserve better than bumper-to-bumper traffic to get to work or school,” said Skoufis, who in 2018, secured $5 million to advance the environmental and design activities for the construction of a third travel lane in each direction along the Route 17 corridor in Orange and Sullivan counties. “New, additional capacity would make an enormous difference for our residents, business owners, first responders, and commuters — all while

Woodbury Town Supervisor Frank Palermo points to an aerial shot of Exit 131 exit off Route 17 from a few decades back. He says that the picture, located at town hall, shows how much area has developed but the road has remained the same.

putting construction men and women to work.”

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Schumacher Systems, Inc. –Leaving Their Footprint on the Hudson Valley

By Barry S. Lewis, Vice-President of Communications & Member Relations

It was late October and a winter chill is in the air. Snow won’t be too far behind.

Craig Schumacher, who heads Schumacher Systems, a family-run commercial construction company, is a subcontractor on the $14.6 million expansion and modernization project at Belleayre Mountain Ski Resort. Asked if work will be done on the lodge in time for the upcoming season, Schumacher, 68, smiles and answers with the confidence of a man who has experienced more than his share of project deadlines.

“You’d be surprised how much gets finished in the final weeks.” He looks around. “Yea, we’ll be sure to have our work done.”

A U.S. Army veteran, Schumacher first began as a lineman for AT&T before joining Painters Local 155 and learning the drywall trade by working on hundreds of private homes and many of the famed Catskill hotels including the Concord and Pines. What began in the mid-1970s as Schumacher Drywall, a small taping and painting business has evolved over the years into a commercial business whose work can be seen in some of the most iconic and historic landmarks in the Hudson Valley including Bethel Woods Center for the Arts and many of the facilities at West Point. continued...

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Schumacher Systems, Inc. —Leaving Their Footprint on the Hudson Valley Bids were coming in high and the general contractor was looking at multiple contractors. Alan knew we were local and I’m sure he liked how the renovations on his own house turned out.”

Q: How involved was he on the project?

Kori Allen

Craig: “Alan is very hands on. But in a good way. I was

Brett Schumacher

out with my wife Anne on a Sunday and we decided to These days Schumacher Systems, located in western

stop at the job site. There was no one else there except

Sullivan County, has about 35 employees and is led by

Alan, looking over the area. He looked at me and said,

Schumacher’s daughter Kori Allen, the company vice

‘somebody else works on a Sunday, too?’”

president and son Brett, estimator and project manager.

Having rode the wave through many up and down years in the construction industry, the Schumacher’s remain proud of the high standard of quality throughout their projects and what lies ahead for them.

Kori: “I was the project manager and it was a tough job. The first component which nobody really sees and appreciates but was a huge headache was the skylights in the pavilion. For us it’s a structural metal stud framing that had to be engineered to hold those skylights up in the

The three sat down to discuss how the business has

pavilion roof. The skylights are like 60 feet long. There’s a

evolved over the years and how projects have broadened in

wall that we built to support them.”

size and complexity.

Q: You did a lot of work at Bethel Woods including the metal framing of all the exterior and interior walls, ceilings and roof trusses, rough and finish carpentry and acoustical and linear wood ceilings. How did you get the job?

Craig: “I got a call from Alan Gerry. We had done a lot of work at his house and so he was familiar with our work.

Q: What else made that job such a challenge?

Brett: “The logistics. Bethel Woods was a difficult project because it was out in the middle of nowhere. The deliveries are difficult. Complicated. Not easy framing.

Not straight up and down like when we did ShopRite or schools like Sullivan West or Washingtonville.”

Rob Roach of Livingston Manor credits the Helmets to Hardhat program for allowing him to transition back into civilian life and to secure a quality career in the construction industry. After nine years in the Army National Guard, the Helmets to Hardhats program paid for his tuition at SUNY Delhi and the apprenticeship program. Roach, 40, is with Local 279 of the New England Regional Council of Carpenters.

He’s been in the union for 19 years, most of which working for Craig Schumacher of Schumacher Systems. This fall he was a foreman for Schumacher, which was a subcontractor for the Pike Company, working on a $14.6 million expansion and modernization project of the Discovery Lodge at Belleayre Mountain Ski Resort.

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Jillian Hallas of Kerhonkson was a certified machinist for 18 years but that did not come with a pension and she could not afford health insurance. Life changed dramatically for 37-year-old when she heard about the UBC’s Sisters in the Brotherhood program. It provided financial stability for school and the apprentice program if she put in the work hours. Now a first-year apprentice for Local 279 of the New England Regional Council of Carpenters, Hallas was working this fall for Schumacher Systems on the expansion and modernization project of the Discovery Lodge at Belleayre Mountain Ski Resort. She credits the union for giving her a new lease on life.

Q: The last several years you’ve been doing a lot of

Q: What does a recession do to a family-owned business?

work at West Point (Eisenhower Hall renovation,

Kori: “It was the worst thing you could ever imagine. We

Keller Hospital three-story addition and renovations to

went into the recession with a bad project that immediately

several barracks). How does construction there differ

proceeded it. So we had hundreds of thousands of dollars

from other locations?

out on our credit line. And suddenly there was no work to

Kori: “A lot of projects at West Point are overseen by

be found.”

the Army Corps of Engineers. They are very strict about measurements. If the specs say you have to screw your drywall every 12 inches you better screw your drywall every 12 inches. We have a certain standard for ourselves and we’re known for that. Schumacher does a good job.

And we hold ourselves to that standard. But if we’re off half an inch that’s too much for the Corps.”

Brett: “We were bidding stuff that I never would have bid in a million years. Stuff I would just leave alone. We don’t specialize in retail. Do it very rarely. Suddenly you’re doing retail bids constantly. Anything to survive.”

Kori: “It was week to week. We weren’t taking paychecks and always paid out union benefits. Then we got the Keller Hospital addition. Battled through it. Slowly climb out of the hole.”

Q: How has the business changed overall?

Kori: “I think with anything it’s just gotten more complicated. More regulations, more paperwork. We’d get a project, start tomorrow, order materials and get guys

Craig: “You always have to have faith. Work at it. You can do it. It’s a stressful business. We became more conservative after the recession.”

on the job site and put it up. These days it’s all pretty extensive. Contracts have gone from a few pages to hundreds of pages. There are references to other contracts and thousands of government clauses and you need to

Q. Do you show off your work to friends and family?

Brett: “It’s fun to show them off. We have a lot of pride in

know what they are.”

our work.”

Craig: “We used to have a room full of plans. I’d take my

Craig: “You know the buildings will be here. Bethel

pickup truck and load plans on it. We have the ability now to use smart phones on the project. I can look at something on my screen while talking to my foreman. I’ll draw color on this wall and take a snapshot and text it to them. They send a picture to me. The time that saves is invaluable.”

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Woods will be here long after I’m gone. We’ve left a footprint that is going to go through the ages for quite a while. That feels good.” blewis@ccahv.com

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THE 2020 CONSTRUCTION CONTRACTORS ASSOCIATION BOARD OF DIRECTORS Front row, from left, Board President Scott Dianis, 1st Vice President Daniel O’Kane, Executive Director Alan Seidman, Jay Harrison, Ira Gold and Ron Bloomer.

Top row, from left, Secretary-Treasurer Mike Adams, Dave Campbell, Paul Taphorn, Robert Kaehler, 2nd Vice President Mark Steir and Joe Jerkowski.

Missing from photo are James McGowan, Joe Perez, Al Torreggiani, Charlotte Van Horn

ASSOCIATES’ MESSAGES The last three years have been very

As we find ourselves at the end

good for the construction industry

of another year and work on our

in the Hudson Valley and we look

resolutions for the future, let us take

forward to positive year ahead even

a moment to realize how fortunate

though many economists predict a

we are to be here. Both professionally

slight decrease in construction starts

and personally, we have a lot to be

for the northeast. We have some of the finest talent in our

thankful for. Let us learn not only from our successes but

workforce, however, we continually lose work to the bad

our failures as well. Let us move forward with elevated

actors who cheat by paying their workers substandard

knowledge, class and dignity.

wages and don’t provide proper coverage. Partnering with the CCA has enabled us to utilize our resources more efficiently and work together to increase local market share and maintain steady growth for our businesses. We look forward to implementing within the next year development of a fair contracting agency to assist us in regaining and retaining the work we have lost. This will help identify the prevailing wage and workers compensation cheaters and keep them accountable. The collaboration between labor and management with this task has been productive.

Wishing you all a prosperous and healthy 2020!

Lou Doro

In the coming year, we should recognize the new challenges, stricter requirements and laws that make building in our area harder. Working together with our Union leaders and incredible work force, we can educate the communities we work and live in. Together we can accomplish anything.

May your New Year be filled with good health, success and great opportunities.

Scott Dianis

Scott Dianis

President, Penlyn Construction Corporation

Lou Doro

Vice President, Clean Air Quality Service, Inc.

President, Construction Contractors Association

President, Sheet Metal and Air Conditioning Contractors National Association - SENY 18

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THE ASSOCIATION IS PLEASED TO WELCOME THE FOLLOWING NEW MEMBERS: BARONE CONSTRUCTION GROUP INC. is a

H.T. LYONS, INC. is a full-service and award-winning

family-owned and operated Construction Management

mechanical contractor serving Pennsylvania, New

and General Contracting firm with three generations of

York, Delaware, New Jersey and Connecticut clients

experience and passion. Located at 23 New Paltz Rd.

since 1973. The local contact is Scott Goodwill at the

(P.O. Box 876) New Paltz, the firm has long ties to the

Wappingers Falls office at 167 Meyers Corners Road,

Hudson Valley. Visit www.bcgcmgc.com or call

Suite 102.

Joseph Barone at 845-691-2244.

Call Scott at 518-785-4800, ext. 144 or email sgoodwill@htlyons.com.

HESNOR ENGINEERING ASSOCIATES, PLLC

has been providing energy-efficient engineering,

MATRIX ASSET ADVISORS, INC. was founded in

construction and equipment specification and installation

1986 by the firm’s CIO, David A. Katz. Specializing in

throughout the US since 1992. The firm is located at

value-driven asset management their team of investment

22 Computer Drive West, Albany.

professionals are opportunistic and responsive.

Visit www.hesnor.com or contact managing partner

Contact partner Lon Birnholz at 212-486-2004

TJ Hesnor at 518-689-2030 or TJ@hesnor.com.

or lon@matrixassetadvisors.com.

SHERWIN-WILLIAMS, a leading paint and coatings company for over 150 years, is an industry leader in products

eligible for credit under the US Green Building Council’s LEED program. See their products at 1404 Route 300, Newburgh. Contact Sean Gately at 914-261-9876 or sean.m.gately@sherwin.com.

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2019 LEGISLATIVE UPDATE: EMPLOYERS BEWARE All New York Employers need to be aware of several bills that have been passed over the course of 2019 and are either enacted or soon to be enacted. I have summarized a few important ones below: SALARY HISTORY BAN:

Basically, if the applicant uses his/

This law seeks to prevent wage

her salary history as a negotiating

discrimination by prohibiting

tool, the employer can verify that

employers from asking for wage or

information.

salary history as a requirement for a job interview, job application, job offer, or promotion. Specifically, employers no longer can request, require or rely upon salary or wage history when interviewing, hiring and promoting employees. Some of the specific prohibitions include 1) relying on an applicant’s wage or salary history in determining whether to offer employment or the wages or salary for such individual, and 2) seeking, requesting, or requiring the wage or salary history from an applicant or current employee as a condition of being interviewed, of continuing employment, or for promotion. The law further prohibits employers from refusing to interview, hire, promote, or otherwise employ (or retaliate against) an applicant or current employee based on prior wage or salary history or a failure to provide wage or salary history. The law does include one important exception: employers are allowed to confirm salary history if, at the time of an offer of employment, the applicant attempts to support a higher salary

EMPLOYEE WAGE LIENS: If signed by the governor, this law will allow former and current employees to file “employee liens” on their employers’ real and personal property based on allegations involving wage claims. “Wage claims” include claims for failure to pay overtime or minimum wage, the taking of improper deductions from payroll, and claims for unpaid wages under an employment contract. Importantly, the bill has an extremely broad definition of “employers” that can include a

Michael Catania, Catania, Mahon, Milligram, & Rider, PLLC 1 Corwin Court Newburgh, NY 12550 mcatania@cmmrlegal.com Michael E. Catania has been selected as a Fellow of the Construction Lawyers Society of America.The CLSA is an invitation-only international honorary association composed of preeminent lawyers specializing in construction law and related fields.

Fellowship is limited and selective, with lawyers being invited into Fellowship upon a proven record of excellence and accomplishment in construction law at both the trial and appellate levels.The CLSA is dedicated to promoting superior advocacy and ethical standards in construction law and fostering a scholarly and advanced exchange of ideas in all practices related to the specialty.

company’s owners, executives and even human resource personnel.

There will be no corporate protection of personal assets.

Business owners could potentially see liens placed against their own homes based on nothing more than a former employee’s allegation of a wage violation! As far as time limits, employees will have up to 3 years from the last day of employment to file a lien. The lien will last for 1 year with an additional 1-year extension available as of right.

HAIR DISCRIMINATION: This law Amends the definition of race under the New York State Human Rights Law (NYSHRL) to include “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” In summary, although employers can still have grooming polices, these polices cannot discriminate against such hairstyles as braids, locks, and twists.

by providing prior salary history.

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HONORING THOSE WHO SERVED Construction Contractor Association Administrative Assistant Millie Rodriguez said it was an honor and a privilege to be with 83 veterans who made the Oct. 12 journey from Stewart Airport to Washington, D.C. for the 24th Hudson Valley Honor Flight. Millie was a guardian for Walter Postel, who served in the U.S. Army from 1955-1957 and worked as a company clerk in Verdun, France. In 1982 he received a degree in construction and facility management and retired from Con Edison where he worked for over 30 years.

The veterans got to tour the National World War II Memorial, Korean War Veterans Memorial, Lincoln Memorial and Arlington National Cemetery. At each location they were welcomed with a handshake from children to adults saying, “Thank you for your service.

Every veteran received a mail package with letters and drawings from loved ones and school children thanking them for their service.

Walter’s daughter told Millie, “This day has been such a blessing for my dad. It’s the first time I have seen him genuinely happy since we lost my mom in 2017. Thank you so much.”

Mark J. Stellwag, Regional President 1769 Route 52, Fishkill, NY 12524 (845) 440-2898 Equal Housing Lender. ©2018 M&T Bank. Member FDIC. mtb.com

Lynn Allen Cione President

40 Matthews Street, Suite 104, Goshen, New York 10924 T 845.294.1700 ext 1100 u C 845.551.9546 u F 845.294.1897 LynnC@orangeny.com

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OUR DIFFERENCES ARE OUR STRENGTH Our Members Andy Porr says serving

Porr says he followed in the footsteps of his grandfather

five years in the U.S.

and uncle in wanting to serve his country. A graduate of

Army, including two

Newburgh Free Academy, Porr and his wife Kate live in

deployments to Iraq and

Newburgh with their son Jack, 4, and daughter Eden, 1.

15 months in southern Baghdad, with soldiers of different backgrounds, races and nationalities, has given him a fresh perspective on dealing with adversity and division. “Our differences were our strengths,” says Porr, 33, a senior accountant with RBT CPAs in Newburgh. “If we can figure out a problem with no food, limited water and no shelter then back home we can should be able to figure it out.”

HELPING THE FIGHT AGAINST BREAST CANCER The Construction Contractors Association were among the 9,000 people who took part in the American Cancer Society’s 24th annual Making Strides Against Breast Cancer event on Oct. 20, at Woodbury Common Premium Outlets. The CCA, Fabricators Erectors & Reinforcing Contractors and SMACNA of Southeastern NY were major sponsors for the event that helped raise $439,000. During the month of October, CCA Executive Director Alan Seidman took part in the Cancer Society’s Real Men Wear Pink campaign, raising $6,092, far exceeding his goal of $2,500 to bring awareness and raise money to help fight breast cancer.

Patty Dalton, Alan Seidman, Millie Rodriguez of the Construction Contractors Association show off the limited-edition pink CCA backpacks that were given away at the Making Strides walk.

The CCA board of directors and friends wear pink to show their support.

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Special Inspections and Materials Testing Asphalt • Concrete • Soils Masonry • Steel • Deep Foundations Construction Phase Monitoring and Engineering Vibration • Noise • Deformation Condition Surveys • SOE Design Land Surveying Construction Layout • 3D Scanning Mobile LIDAR Environmental Services ACM and Lead • Air Monitoring End Sampling and Soil Disposal Engineering Geotechnical • Civil • Structural

Mountainville, New York 800.829.6531 www.tectonicengineering.com

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PLUMBERS / STEAMFITTERS / HVACR SERVICE LOCAL 21

FRANK PALEN BUSINESS MANAGER BUSINESS AGENTS THOMAS CAREY JOSEPH DULLEA

RON DIAZ THOMAS O’BRIEN

PRESIDENT ANTHONY MUCCIOLI

VICE PRESIDENT CRAIG STRASSER

TREASURER

RECORDING SECRETARY

RICHARD Dunphy

DONALD CALABRESE

EXECUTIVE BOARD

Patrick Heavey MICHAEL SWEENEY

BRIAN FOLEY

john stalker Frank alessandri

FINANCE COMMITTEE

ROBERT KELM

MICHAEL ZOTTOLA

EXAMINING BOARD LAWRENCE MUIR RICHARD STALKER JOHN ELLIS JEFFREY MOLONEY INSIDE GUARD ROBERT NEZAJ

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WINTER SAFETY Continuing the conversation from December, also consider the following for January as winter is still with us!

WARM UP EQUIPMENT AND TOOLS

Layer clothing with some moisture-wicking thermals

Follow the manufacturer’s instructions on properly

on your inner layer and have a waterproof outer layer

warming up heavy equipment before use. Electrical wires

to prevent moisture from soaking into your clothing. If

and hoses can become brittle in cold temperatures, so it

clothing gets wet, it’s important to change into dry clothes

is important to allow those to heat up properly to avoid

to avoid losing body heat.

damaging your equipment.

Limit the amount of skin exposed to cold temperatures

Make sure fluids, such as engine and hydraulic oils, in

with careful attention to the extremities by wearing knit

your equipment is rated for the temperatures in your area

hats and earmuffs for the head, wool socks for the feet,

and replace them if needed. Make sure heaters in cabs

balaclavas for the face and gloves and mittens for the

are working properly and clear off any ice or snow from

hands.

windshields and steps. Try and avoid using any equipment that isn’t equipped with an enclosed cab to keep your workers warm.

PUT EMERGENCY KITS IN WORK VEHICLES Make sure each of your company’s fleet of work trucks and vehicles is equipped with winter weather emergency

You also need to take extra precautions when working with

kits. Your kits should include a shovel, ice scraper and

air compressors and pneumatic tools. Drain fluid from air

brush, sleeping bag, water, non-perishable snacks like

compressor tanks after each use to prevent the moisture

protein bars, tow straps, emergency flares and a backup

that has accumulated from freezing and damaging the

battery for your cell phone. It’s also a good idea to have

tank. Put antifreeze tool oil in your pneumatic tools and air

some cat litter, snow or sand to help with traction in

hoses to protect against the cold.

case you get stuck. Encourage your workers to create emergency kits to for their personal vehicles.

CLOTHING Keeping warm is one of the most important things when

Be cautious when driving in snow and ice. Give yourself

working in cold weather. The key is finding a balance of

plenty of time to get to your destination and leave plenty of

wearing enough layers to stay warm while still being able to

space between you and other vehicles to avoid accidents.

maintain a good range of mobility to perform your work.

Information for this article provided by Construct Connect, Kendall Jones and OSHA . Edited by Joh n B. Struble; Occupational Safety Consultants Inc, www .workriskfree.com

Serving Contractor for over 50 years.

Bonds, Workers’ Compensation, Liability, Umbrella, Equipment, Auto, Cyber, and more.

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From Labor Chief to Fire Chief, Ken Lewis Finds Leading a Natural Role

By Barry S. Lewis, Vice-President of Communications & Member Relations

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Kenny Lewis fills the LiUNA (Laborers’ International Union of North America) Local 754 board room in Chestnut Ridge with a contagious laugh when asked

Lewis was able to free up some time to discuss his two roles: Q: What’s the best part of your labor job:

if he’s looking to retire.

“Oh yea,” he chuckles, “I’m 61.

You want to know why I haven’t retired? Because I’m scared. What do I do after I retire?”

One suspects Lewis will find something to fill his time.

But the more immediate question for the 19-year president of this building, heavy-highway & utility local whose jurisdiction for its 430 members covers all of Rockland County is how is he manages to juggle his administrative labor leader duties while at the same time finishing his second, five-year term as chief of the all-volunteer

A: “Seeing projects get done and sending people out to work. And they keep working and they do a good job.

Contractors say, ‘Oh, I like this laborer and I want to take him with me to another county.’ You like seeing that kind of stuff.”

Q: It’s great when there are plenty of projects like the new Tappan Zee: A: “That’s an excellent feeling.”

Q: How bad is a bad year?: A: “My worst year, 1992 I only worked three and a half months out of the whole year. It was tough as a laborer.”

Otterkill Engine Co. 1 Campbell Hall Fire Department in

Q: What’s it like when you are the president of

Orange County that has 67 active members. Overall, Lewis

the local?:

has put in 43 years with the fire company, serving 10 years

A: “Whoa, that’s horrible. I hate that, when people call

as both assistant chief and chief of the department.

and ask, `you have work, I’m outta work.’ When you don’t

In all Lewis has spent 33 years with Local 754, starting as a laborer out in the field doing pipe and heavy highway work before becoming a shop steward and later foreman, following in the footsteps of his father, John, a 50-year member of Local 754. A third generation Lewis, son Ken, is an apprentice.

have work, you don’t want to tell the person I don’t have anything right now. When we don’t have anything we try to call other locals, like other locals will call us and say, do you have any guys that we can use. We’ll send guys to Westchester or Orange County or down to Jersey. But if there’s no work – that’s a tough one. A lot of guys work continued...

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continued from page 31

From Labor Chief to Fire Chief, Ken Lewis Finds Leading A Natural Role so they can collect unemployment and a lot of them try,

someone like you young guys.’ On my 18th birthday I put

if they can, to get seasonal work. My dad always told

an application in and they accepted me.

me, ‘Yea, you’re making good money now but try don’t overextend. Save for future references.”

Q: Laborers do a lot of volunteering?: A: “More than people realize. I know other laborers in

Q: You know it’s going to slow down:

this local and other locals that belong to fire companies,

A: “Just like 1992 was, its’s going to eventually

ambulance corps, they volunteer time for little league,

slow down.”

soccer, a lot of dads coach for different teams. They really care about giving back to their communities.”

Q: Is that in the back of your mind: A: “Always. Always. My job is to always look at jobs

Q: Easier to be the fire chief than the president of a

coming up in the future. Find out if anything’s coming

local labor?:

up…what’s coming up. Hopefully we can jump on it ahead

A: “Absolutely not (laughing). Fire chief is dealing with

of time.”

the media, arson investigators, state police, ambulances and you’re always worried about your guys getting hurt.

Q: How much is in your control: A: “Not much. It depends on the bids, who gets the job.

Both give you all kinds of stress.”

Are they union contractors, non-union contractors of if can

Q: Are there parts of the two jobs that overlap?:

we get whoever gets the bids.”

A: “A lot of training, especially with first aid and use the

Q: Biggest difference from when you started: A: “Automation has cut the workforce in half. Back in the

AED (Automated external defibrillator). Good to keep your mind fresh.”

day they’d have pull boxes to do blacktop and you needed

Q: Can you see a day where you are not doing either

12 guys on that crew. Now they have these huge automated

of these jobs?

machines that cuts back on your crew. Now they only need

A: “Yes. Sometimes I go, ‘now you wish you’re not chief’

two laborers and an operator and maybe a flag person. But

or not in the local and you want to retire. What are you

back in the day you’d have 6-8 guys shoveling and raking.

going to do?’”

Now the machine does everything.”

Q: I heard you have a sideline job:

Q: Do you think people understand the amount of

A: “On the side I have my own DJ’ing business.

training that goes into the job?:

Weddings, anniversaries, the usual stuff. I’ve been doing

A: “They don’t. People who work for the contractors do

that for 32 years now.”

but your regular taxpayer that drives down the road – no they just get aggravated when we’re in the road because they just want to get to work and want to go shopping and here we are in the middle of the road stopping traffic and they don’t have a clue. They just want the road fixed, done and people out of the way.”

Q: Why did you join the fire department?:

Q: Where do you find the time?

A: “Whenever I can (laughing). If I don’t have something else going on. Music is my release, my get-away. Plus, I have a Harley so I can go out and put my music on and I’m just by myself and I don’t have to hear anyone yell at me.” blewis@ccahv.com

A: “Because I wanted to help. My older neighbors were firemen and they said, ‘you’ve got energy, we need

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Local 754 Rockland County, NY Stephen Reich Business Manager Kenneth Lewis President

Lorenzo Henderson Vice President

Kevin Wagner Recording Secretary

Robert Bonomolo Secretary Treasurer

Bradley Ashford Sergeant at Arms

Executive Board Members: Joseph Coskey Brian Barbera, Jr.

215 Old Nyack Turnpike Chestnut Ridge, NY 10977 Phone 845-425-5073 www.local754.com

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1/10/20 3 5 10:48 AM

Contact Us

For more information about our services and products: 845-562-4280 info@ccahv.com CCAHV.com 330 Meadow Avenue Newburgh, NY 12550

Mark Your Calendar and Plan to Join Us! Annual Membership Dinner: TBD (Spring 2020) Annual Lobster/Clambake: TBD (Summer 2020) CCA Golf Outing: July 27 Stewart Air Show: August 29-30 Holiday Get-Together & Charity Event: November 30 Details and reservation information will be sent prior to each event. We look forward to seeing you!

Board of Directors Construction Contractors Association: Scott Dianis, President Daniel J. O’Kane, 1st Vice President Mark Steir, 2nd Vice President

Mike Adams, Secretary-Treasurer

Ron Bloomer Dave Campbell Ira Gold Joseph Perez Joe Jerkowski Robert Kaehler James McGowan Paul Taphorn Al Torreggiani Charlotte Van Horn Staff A. Alan Seidman, Executive Director Barry Lewis, VP Communications Alan Creais. Dir.of Membership Services Patty Dalton, Executive Assistant Millie Rodriguez, Admin. Assistant

Fabricators, Erectors and Reinforcing Contractors Association: Justin Darrow, Chairman Jake Bidosky, Vice Chairman Bernie Hillman, Secretary Dan Teutul, Treasurer

SMACNA of Southeastern New York: Lou Doro, President

Jim D’Annibale, Vice-President

Steve Mulholland, Secretary

Dan Harden, Treasurer

Mark DiPasquale, Past President Walter “Chip” Greenwood Bill Haskel

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