Bulletin Board Magazine 2019 Volume 3

VOLUME 3 | 2019 Bulletin Board The Bui lder Connect ion

Member Appreciation A Night of Honor

BEAM Award Winner Spotlight

SBACNJ Charities

New Member Profile

Best of IBS Awards

SHORE BUILDERS Association of Central NJ, Inc.

Covering Monmouth, Ocean, Mercer, & Middlesex Counties

XXXXX President’s Message

PRESIDENT'S Message By Michael J. Kokes - SBACNJ

Bulletin Board | 1 | www.shorebuilders.org doesn’t. The pressure of keeping people happy, while also moving the association forward is It is that time of year when we begin to close our pools, get into “school mode,” and try and enjoy every last summer weather day, the local summer as we call it. So, as we begin to get into the fall/winter grind, and eek out every last good construction day, I begin to think about planning for 2020. For the past 6 years I have been ascending the ladder at Shore Builders Association of Central New Jersey, taking an ever-increasing role and responsibility at the association, but 2020 will be different. In January, I will become the immediate past President, a nobody… (sorry Tom). Of course, I am joking. As the immediate past President isn’t a complete nobody, but partakes in a crucial element of association transition, and advisor to the incoming President. While I will say to everyone that I am ready to be done with the obligation, I can’t help but feel a little sad. The association, and being an officer, has become part of my identity. As my business has grown, so to have I with the association. Every year, making that logical step up. While it may appear that I have put in a lot to the association, I have equally benefited from being a part of it, growing both personally and professionally. The truth of it, though, is that it really is great to have new leadership. Our association will be celebrating its 75-year anniversary in 2020, and we have been able to stay alive and relevant due to the continual change in leadership. With new people come new ideas, and the constant challenge of finding what works and what

a fun task, and I know I personally enjoy all the ups and downs associated with it. The constant toeing the line between preservation of tradition and trying new things. The phrase, “you can’t make an omelet without breaking a few eggs” has never been more meaningful than it is now. For me, while writing this message, it has been an absolute joy reflecting on what I have seen this association and its members do. Forming new committees, revamping old ones, watching programs grow, and killing off the lagers. I am proud to say that in the past 6 years, financially, the association has never been in a better place, which is a true testament to all the hard work and dedication from everyone involved. It truly is astonishing when I think that the vast majority of work is completed by volunteerism. Seeing all the philanthropic activity the association does really is the icing on the cake of it all. So, I look forward to having some more time to focus on my business and projects, as well as watching Chris Amato become the President, and the direction he will take the association. It will be an adjustment, but one that I am up for! I appreciate all the support people have provided me along the way, as well as all the construction criticism. I am happy to have been a part of this associations history and look forward to continuing to support it for years to come!

Michael J. Kokes President - SBACNJ

C ontents 01 President's Message by Michael J. Kokes 03 Welcome New Members 05 Member Appreciation: A Night Of Honor 07 BEAM Award Winner Spotlight 09 SBACNJ Charities 13 Shore Builders Association Events Recap 17 Top 3 Tips for Choosing the Best Respirator Masks to Breathe Safely on the Job by Robbie Foglia 23 Legal/Legislative by Michael J. Gross, Esq. , Steven M. Dalton, Esq. and Carmella M. Gubbiotti, Esq. 25 RCP Community Association Management Company,AAMC,AMO by Mary Faith Nugiel, President VOLUME 3 | 2019

EDITORIAL CONSULTANT Flair Marketing Group - Stephanie Shaffery

DESIGNER Flair Marketing Group

OFFICERS President – Michael J. Kokes

First Vice President – Christopher Amato

Vice President of Associates – Kim Manicone

Treasurer – James Pittenger

Secretary – Dave Eareckson

Immediate Past President – Thomas Bovino

SBACNJ STAFF Executive Officer – Gina McNamara

Office Manager – Chris Boyle

The Bulletin Board magazine is published quarterly and is distributed to the membership and others.

eMagazine by member company Flair Marketing Group stephanie@flairmg.com

31 Best Of IBS Awards AndersenWindows 35 Norandex Exterior Products for Your Home 49 A Night Of Celebration! 51 Exchange Ideas. Build Solutions. Only At IBS!

Unless otherwise noted Photography by member company: All is Sharp Photography Howell, New Jersey Photos can be viewed and ordered online at allissharp.com

by Marge Karahuta, Co-Chair & Stephanie Shaffery, Co-Chair

68 Continuous years of publication to our members

THE BUILDER CONNECTION

Interested in Joining SBACNJ?

CLICK HERE As a Builder

CLICK HERE As an Associate

CLICK HERE As a Remodeler

190 Oberlin Avenue North Lakewood, NJ 08701 | P (732) 364-2828 | F (732) 905-2577

New Members We would like to take this opportunity to welcome the following new members and thank their sponsor.

American Dream Properties Mark Roshanski

Priority Payments Local Douglas Mocik

GAF Roofing Ed Small 9 Peyton Court Marlton, NJ 08053 856-357-1098

910 Amboy Avenue Edison, NJ 08837

172 Monmouth Street Red Bank, NJ 07701 732-533-4869 Callan + Moeller Patrick Moeller PO Box 2251 Long Beach Township, NJ 08008 609-492-1102 Schooley Mitchell Nirmal Solanki 10 Schalks Crossing Road, Suite 501 Plainsboro, NJ 08536

(732) 738-5900 Campbell Petrie Adam Glasgow 1040 Broad Street, Suite 202 Shrewsbury, NJ 07702 (732) 569-7278 Davison, Eastman, Munoz, Paone, P.A. Kaitlyn Campanile Monmouth Executive Center 100 Willow Brook Road, Suite 100 Freehold, NJ 07728 (732) 462-7170 Sponsor: Linda Bernaski Palatial Homes GoodStreet Financial Rachel Vergari 1963 State Route 34, Bldg B, Suite 201

Sponsor: Jim Franklin American Properties Liberty Overhead Door Bob Nosti 717 Old Shore Road Forked River, NJ 08731 (732) 286-3667 Gibbons, P.C. Cameron MacLeod One Gateway Center Newark, NJ 07102 (973) 596-4925 Sponsor: Jeff Kolakowski NJBA Century Cabinetry Ted Gavala 220 Phillips Road Exton, Pennsylvania 19341 (610) 363-5221 Brick, NJ 08724 (732) 539-9385 Sponsor: Mark Buckley McCue Captains Insurance PC Richard & Sons James Becker 2 Germak Drive Carteret, NJ 07008 (634) 843-444 Sponsor: Jim Franklin American Properties Black-Tie Blinds David Ellis 258 Mechanic Street Red Bank, NJ 07701 (732) 842-130 Sponsor: James Pittenger Pittenger Builders Sponsor: Jim Franklin American Properties JV Engineering John Vincenti 706 Tall Oaks Drive

609-323-5456 Good Mowin Nichole Gist 2380 Route 9 South, Suite C9 Howell, NJ 07731 732-905-4461

Sponsor: Kim Manicone USI Insurance Services Press Communications Erika Singer 1329 Campus Parkway Neptune, NJ 07753 732-919-0365 Sponsor: Arvo Prima Pr1ma Builders Caraluccio, Leone, Dimon, Doyle & Sacks Melanie Appleby 9 Robbins St Toms River, NJ 08753 (732) 797-1600 Saul, Ewing, Arnstein & Lehr Melissa Clarke 650 College Road East Suite 400

Wall, NJ 07726 (732) 334-8557 Sponsor: Stacey Kavanagh Provident Bank Cosentino of New Jersey Tom Landers

55 Passaic Avenue Fairfield, NJ 07004 (973) 699-6532

Sponsor: Tom Critelli Danitom Development Lasley Brahaney Architecture + Construction

Marc Brahaney 860 State Road

Princeton, NJ 08540 Costello Financial John Costello 505 S. Lenola Road, Suite 203 Moorestown, NJ 08057 856-802-0980 Sponsor: John Kirkenir Kirkenir Associates Royal Building Products Michael Grace 334 Provincetown Road Cherry Hill, NJ 08034 856-777-4432 Sponsor: Georgette Kyriacou FWH Associates

Princeton, NJ 08540 Sponsor: Mike Gross Giordano, Halleran & Ciesla ABC Supply Mark Lucia 540 James Street Lakewood, NJ 08701-0709 (732) 364-7000

Sponsor: Jim Franklin American Properties

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J. Lorton & Company John Lorton 421 s. Main Street Forked River, NJ 08731 69-693-8380 Sponsor: Kim Manicone USI Insurance Services Defense Disposal Services David McCarthy Sponsor: Jim Franklin American Properties CyberHome Systems, LLC Lance Faber PO Box 6182 Monroe Township, NJ 08831 732-605-9701 ST Sales Corporation Brooke King 2235 Gibbs Avenue Trenton, NJ 08611 609-532-4789

Everest Marble Billy Thompson 830 Bloomfield Avenue Clifton, NJ 07012 732-683-9050 Sponsor: Joanna Pecoraro Ferguson Enterprises Socialfix Media Terry Tateossian 99 Grayrock Road, Suite 204 Clinton, NJ 08809 908-574-0898 Contractor Dynamics Joseph Hughes 609 Lake Avenue Asbury Park, NJ 07712 732-733-2390

Virtuoso Architecture Paul Grabowski 1330 Laurel Avenue, Bldg 3, Suite 304 Sea Girt, NJ 732-612-3152 Sponsor: Richard Robinson Member Rebate Program Szaferman, Lakind, Blumstein & Blader Benjamin Branche 101 Grovers Mill Road, Suite 200 Lawrenceville, NJ 08648 609-275-0400 Sponsor: Chris Gaffney Toll Brothers Trinity Dominion Rimvis Mati 46 Renee Court Jackson, NJ 08527 828-469-6465 Sponsor: Jim Franklin American Properties RCP Management Company Patti Clemente 2 Commerce Drive, Suite 101 Cranbury, NJ 08512 609-356-1958 Sponsor: Gabe Vitale C&L Sweeping & Pavement Maintenance International Planning Alliance John Campise 311 Osborn Avenue Point Pleasant, NJ 08742 609-709-7179 Sponsor: Arvo Prima Pr1ma Builders CK Construction, Inc. George Kolozsvary 186 Oakland Mills Road Manalapan, NJ 07726 732-736-8815

Sponsor: Rich Robinson Member Rebate Program Core Concrete & Masonry Paul Pereira 1540 Dolington Road Yardley, PA 19067 267-767-2854 Sponsor: Jim Franklin American Properties Realty Whitestone Associates Wriston Phillips 2430 Highway 34, Building B, Suite 101 Manasquan, NJ 08736 732-592-2101 Sponsor: Steve Dalton Giordano, Halleran & Ciesla Maloney & Curcio Gregory Hansen 1601 Pennsylvania Avenue Linden, NJ 07036 732-546-0861

1707 Union Avenue Hewlett, NY 11557 516-374-5454

Sponsor: Jon Scherer Ferguson Enterprises Atlantic, Tomorrow’s Office Erik Snyder

4390 Route 1 North Princeton, NJ 08540 646-951-0507 Sponsor: Kristin Marzarella All County Enterprises All-Star Plumbing & Heating, Inc. Michael Fleming 125a Parker Avenue Manasquan, NJ 08736 732-223-3511 Sponsor: Chris Amato CMM Custom Homes Brunswick Bank & Trust Keith Rada 439 Livingston Avenue New Brunswick, NJ 09801 732-247-5800 Sponsor: Michael Kaplan Kaplan Companies Progressive Painting Steve Sherr 30 Treeline Drive Holland, PA 18966 215-968-0940 Sponsor: Jim Franklin American Properties Netwave Interactive Marketing Adam McIndoe 600 Bay Avenue Point Pleasant Beach, NJ 08742 732-701-9797 Sponsor: Bill McNamara The Curchin Group

Sponsor: Stan Graser Ferguson Enterprises Builders General TJ Shaheen 15 Sycamore Avenue Little Silver, NJ 07739 732-747-0808 Sponsor: Chris Amato CMM Custom Homes Barrett Drywall NJ, Inc. Nathan Barrett Sponsor: Jim Franklin American Properties Bidereator Vahid Walker 1 Allen Place Red Bank, NJ 07701 98-967-2984 Sponsor: Grant Lucking NJBA 310 Ward Avenue Bordentown, NJ 609-915-2675

Sponsor: Jim Franklin American Properties

S H O R E B U I L D E R S A s s o c i a t i o n o f C e n t r a l N J , I n c .

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A Night of Honor

MEMBERAPPRECIATION: A Night of Honor

E

very September the National Association of Home Builders (NAHB) celebrates Associate Appreciation month. As part of this celebration, Shore Builders Association of Central New Jersey (SBACNJ) holds its annual Member Night: A Night of Honor to recognize the dedication and contributions of active members who go above and beyond to ensure the success of the association. This year, the event was held on Thursday, September 12, 2019 from 6:00 – 9:00 PM at the Jumping Brook Country Club in Neptune, New Jersey. Several SBACNJ members were presented with industry awards, including one builder member who received the prestigious BEAM (Builders Employing Associate Members) Award.

as well as CMM Custom Homes, Pr1ma Corporation, Palatial Homes, and Danitom Development. In addition to the presentation of the BEAM Award, the following SBACNJ members were presented with awards. Congratulations to Adam McIndoe, Netwave Interactive Marketing - Jack Meyer Memorial Rookie of the Year Award; Jim Franklin, American Properties - Cornerstone Award; Kristin Marzarella, All County Enterprises - Associate of the Year; Steve Dalton, Giordano, Halleran, & Ciesla - Associate Continuous Service; New Jersey Natural Gas - Associate Hall of Fame, Company; Kim Manicone, USI Insurance

Services - Associate Hall of Fame, Individual; Dipal Patel, Hexa Builders - Builder of the Year; Lou Padula, Padula Builders - Builder Continuous Service; Barbara Schoor, Community Investment Strategies, Inc. - Builder Hall of Fame; Corey Wescoe, Pulte Group - Community Service Award; Lee Webb, FWH Associates –Award for Excellence. SBACNJ would like to thank all the attendees for generously donating non-perishable food items and cash to benefit Foodstock, a local grassroots community effort to provide food to struggling families in the central New Jersey area. In addition, the association would like to thank its Platinum Sponsors All County Enterprises, Amboy Bank, FWH Associations, Ferguson Enterprises, Inc., and Giordano,

“In the spirit of our association’s strong belief in doing business with other members, this year’s recipient of the BEAM award, Toll Brothers, has

Halleran & Ciesla, as well as Master Sponsors ABC Supply/Norandex,

Archer Attorneys at Law, The Curchin Group, DW Smith Associates,

demonstrated a commitment to providing opportunities

Dellon Sales, EAM Associates, Earle Residential-Commercial Construction, James Hardie Building Products, NJ Natural Gas, Ocean First Bank, Provident Bank, USI Insurance Services, and Woodhaven Lumber & Millwork. The association also would like to thank its Product Sponsors Andersen Windows, GAF, Weyerhaeuser, and ThermaTru by REEB for all of their support this year.

to associate members throughout their many

years as a builder member of this association”, states Michael J. Kokes, President of SBACNJ. He continues, “We congratulate Toll Brothers for their dedication to the spirit of the BEAM Award.” Past recipients of this

prestigious honor include immediate past recipient American Properties,

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BEAM Winner Spolight

BEAMAWARD Winner Spotlight

The B.E.A.M. Award (Builders Employing Associate Members) was conceived as a means to recognize and provide a symbol of respect to the Builder member who best exemplifies the significant teamwork of Builder and Associate members doing business together. Toll Brothers, a FORTUNE 500 Company, is the nation's leading builder of luxury homes. The Company began business over fifty years ago in 1967 and became a public company in 1986. Its common stock is listed on the New York Stock Exchange under the symbol “TOL.” The Company operates in 22 states and serves move-up, empty-nester, active-adult, and second-home buyers, as well as urban and suburban renters. In 2019, Toll Brothers was named World’s Most Admired Home Building Company in Fortune magazine’s survey of the World’s Most Admired Companies, the fifth year in a row it has been so honored. Toll Brothers has won numerous other awards, including Builder of the Year from both Professional Builder magazine and Builder magazine, the first two-time recipient from Builder magazine. The Toll Brothers team is very active within Shore Builders with representation on the Board of Directors, Young Professionals Committee and the Professional Women in Building.

Past BEAMAward Recipients:

2017 American Properties

2002 Danitom Development

Matzel & Mumford Organization

2016 CMM Custom Homes

2001

2015 Pr1ma Corporation

2000 The Kelly Group, Inc.

2014 Palatial Homes

1999 Mignatti Development

2013 Danitom Development

1998 Christopher Stephen Homes

2012 The Kokes Organization 1997 Arya Properties

2011 Severino Homes & Communities

1996 The PRC Group

2010 Pr1ma Corporation

1995 Prima Corporation

Matzel & Mumford Organization

2009 Walters Group

1994

2008 Palatial Homes

1993 Sunrise Communities

2007 Matzel & Mumford

1992 Kalian Corporation

2006 Prima Corporation

1991 Samuel Fromkin Construction

2005 Walters Homes

1990 K. Hovnanian Companies

2004 Aspen Contracting Corporation

1989 Glendenning Corporation

2003 The PRC Group

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2018 BEAM Award Recipient

Louis & Sons Drywall Bowman Consulting Group

Greenbaum, Rowe, Smith & Davis

Dynamic Engineering Consultants

C. Caruso Excavating Inc.

Liberty Overhead Door Co.

Coastal Insulation

C & L Sweeping & Pavement Maintenance

French & Parrello Associates

1st Constitution Bank

HF Closet Systems

Archer & Greiner

NJ Advanced Media

ReVireo

Design Floors NJ Natural Gas

Asbury Park Press

Ansell, Grimm & Aaron

Kohler

All County Enterprises

Accredited Home Elevator

Storm Master

All is Sharp Photography

Century Cabinetry

CyberHome Systems Maser Consulting P.A.

Insite Engineering

Giordano Halleran & Ciesla

Builders FirstSource / ProBuild James E. Connor, Jr. Plumbing FirstService Residential MidAtlantic Trident Environmental Consultants

Langan Engineering & Enviromental Sonnenfeld & Trocchia, Architects

Earle Residential / Commercial Construction

Innovative Heating & Cooling

Landscape Maintenance Service

Najarian Associates

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2019 Charity Events

HOPE Sheds Light:

9-7-19

A Celebration of HOPE Walk

SBACNJ Charities

An event that is near and dear to the hearts of many SBACNJ members and staff took place on a beautiful sunny morning on September 7th on the Boardwalk in Seaside Heights, the Celebration of HOPE Walk. This year there were several member company teams including All County Enterprises, Design 446, The Earle Family, FWH Associates, OceanFirst Bank, Trident Environmental, Ferguson Enterprises, and Palatial Homes. We would like to thank all our members for supporting this important community organization.

PWB & Young Professionals Tools for School Donation Drive

8-1-19

The SBACNJ Professional Women in Building of the Garden State and Young Professionals Committee Shore Builders Association of Central NJ successfully completed another Tools for School donation drive for the United Way of Monmouth and Ocean Counties.

Along with Marilyn Bolderman's donations, we far exceeded previous years' school supply donations. Thank you to everyone who participated and to Suzzane J Kronenfeld and Gloria Nilson & Co. Real Estate for their support as well!

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8-22-19 Collier Youth Group Home Donations – raised $520 at YP/CAI event & we are collecting at our December meeting same list as last year.

Our Professional Women in Building continue to provide ongoing mentoring sessions to the residents of the Collier Youth Group Home

our holiday gift donations at the joint YP/CAI networking event over the summer. As in past years, the PWB will be collecting donations at the December Installation meeting for the girls at the home.

Please be sure to bring your donation to the Installation on December 4th at the new venue McCloone’s Supper Club in Asbury Park.

in Red Bank. In addition, the Young Professionals raised $520.00 toward

NJBA President & SBACNJ Past President CoreyWescoe continues to raise awareness for JAR of Hope.

As many of you know, last year Corey Wescoe ran the NYC Marathon to raise money and awareness for Duchenne Muscular Dystrophy. His plan was to run the marathon again this year; however, he is unable to run due to an injury sustained while in training.

But, Corey, this year’s winner of the SBACNJ Community Service Award, is determined to continue his mission to raise $15,000 which will go to fighting this fatal pediatric disease. Please help him reach his goal by visiting his fundraising site and donating.

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2019 Charity Events Continued

All County ALS Memorial Golf Outing

This year was the 22nd Annual ‘Anthony Louis Marzarella’ Memorial Golf Outing & BBQ ! The event began in the early morning at Eagle Ridge golf course with over 220 golfers and was followed by a BBQ at All County’s farm where the golfer’s families and friends joined in the fun.

Thanks to the generosity of many Shore Builder’s members, this year topped the charts with sponsorships. All of the proceeds of the event go directly to Make A Wish, American Cancer Society, LLS & other cancer related organizations.

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SBACNJ Events

Shore Builders Association EVENTS RECAP

7-18-19 SBACNJ’s Annual BBQ on the Beach

We had a blast on Thursday, July 18th at Martell's in Point Pleasant at the SBACNJ Annual BBQ on the Beach. The day started out a little stormy, but the weather couldn't keep well over 300 attendees from the largest networking event of the year. We were prepared, but the rain stopped, and Jenkinson's even had their weekly fireworks. We would like to thank our BBQ on the Beach sponsors CMM Custom Homes, Whitestone Associates, Inc., Pella Windows and Doors, M&T Bank, Everest

Marble LLC, & Sharbell Development.

We would also like to thank everyone who brought and donated school supplies for the PWB & Young Professionals school supply drive to support the United Way's Tools for School. Congratulations to Mike Grace of Royal Building Products who was the winner of the bike donated by Shore Cycling.

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7-25-19 NAHB PAC Build Event

The SBACNJ Build PAC event on July 25th was an amazing event at an amazing location! Thank you to NJ Trustees Dean Mon and Chris Amato, as well as the Amato Family for hosting our event. Thank you to all who came out and helped make this event a success!

8-22-19 Young Professionals & CAI NJ

Future All Star Team Networking Event

The Meet & Greet hosted by Young Professionals Committee Shore Builders Association of Central NJ & CAI NJ Future All Star Team - FAST on August 22nd was a HUGE success! They had a great turnout and want to thank all those who attended and participated in the raffle.

Congrats to the raffle prize winners and another special thank you to our raffle sponsors, FWH Associates, P.A., C&L Sweeper Service, All County Exteriors, RCP Management Company, Inc., CohnReznick LLP, Republic Services of Mt. Laurel, NJ

The group raised almost $1,000 for the Holiday Adopt-A-Family cause!!!

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SBACNJ Events Continued

NJBA Summer Soiree

9-5-19

SBACNJ President Michael J. Kokes, the three other local presidents, and NJBA hosted the 4th Annual Summer Soiree BPAC fundraiser on 9/5/19 from 5-8pm at the Ocean Place Hilton Resort & Spa in Long Branch. It was perfect evening for the beach.

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Bulletin Board | 16 | www.shorebuilders.org

Top 3 Safety Tips

TOP 3 TIPS for Choosing the Best Respirator Masks to Breathe Safely on the Job by Robbie Foglia

Robbie Foglia

• Particulate respirators - Use this type of respirator when working around heavy amounts of dust, dirt and non-toxic vapors, such as when sanding wood or hanging fiberglass insulation. • Gas and vapor respirators - Use this type of respirator when working in areas that have high levels of gases and vapor in the air, such as on construction sites during the painting application process. • Combination respirators - These respirators are dual purpose and filter the air from both particulates and fumes. For example, you should use a combination respirator on construction demolition sites as both dust and fumes could be present.

Atmosphere-supplying respirators

Respirator masks are essential for protecting the short and long-term lung health of trade professionals. Whether you’re a plumber, builder, HVAC contractor, painter, insulator or work in another area of the pro trade industry, there are numerous potential breathing hazards on any given jobsite. These workplace hazards factor into why failing to properly use respiratory protection continues to land on OSHA’s top 10 safety violations year over year. Below are some personal respirator basics to help you pick the right respirator and breathe better on every job.

Bulletin Board | 17 | www.shorebuilders.org Pro tip - The N95 mask is a commonly used respirator in this category, and is rated to filter 95% of particulates from the air. This type of respirator is commonly used by trade professionals. Air-purifying respirators filter contaminants out of the air as you breathe. There are three main types of air- purifying respirators: Areas that have contaminated air or have limited or no oxygen require this type of respirator. Occupations that require this type of respirator could include industrial plant workers, municipal road pavers and surfacers, hazardous material response professionals and welders and pipefitters. Air-purifying respirators

1. Know the types of respirators available.According to OSHA, there are two main types of respirators:

• Pro tip - Gas and combination respirators require chemical cartridges to filter toxic fumes. Cartridges are labeled using an industry-wide color coding system to indicate which gases or vapors they are capable for filtering. Use the chart below to guide you to the right cartridge. Using the right type of respirator is not only important for your personal safety, but can also help you comply with legislation that limits worker exposure to silica dust. Learn about the silica dust legislation that went into effect in 2017. 2. Determine the respirator fit you need. OSHA categorizes respirator fit between two distinct categories: tight-fitting and loose-fitting. The respirator fit you need will depend on the air quality in a work space. If the air is contaminated by toxic substance or is lacking oxygen, then it is said to be immediately dangerous to life or health, or IDLH.

• Are required by OSHA to be fit-tested by a qualified tester the first time it is worn and at least once annually after that.

Be sure to inform your crew about things that can impact respirator seal and enforce compliance on the jobsite. Protect the health and safety of yourself and your crew with our online selection of respiratory safety products Find the right respirator cartridge for different gases

• Loose-fitting respirators

• Can be worn in areas that are not determined to be IDLH.

• Do not need to be fit-tested according to OSHA requirements. • Consider respirator size and seal. A respirator must be the right size in order to create a seal around the face. This is especially true for tight-fitting respirators. Because all respirators fit differently, employers must provide a range of different respirator sizes and models for their crew in order to comply with OSHA regulations. Several things that can compromise respirator seal including: • Eyeglasses and safety goggles • Beards and facial hair • Facial piercings • Dental gear • Facial structure

Type of contaminant

Cartridge color

Organic vapor

Black

Acid, ammonia and organic gases

Brown

Carbon monoxide

Blue

Ammonia fumes

Green

Acid and organic gases

Yellow

3. Tight-fitting respirators

• Must be worn in areas that are determined to be IDLH.

Acid gases

White

Attention Builders! Join us for a Builder-Only Product Showcase on October 29th from 4-7 PM at the Jumping Brook Country Club in Neptune, NJ.

RSVP SBACNJ Office 732-364-2828 or click here for information.

This is a builder/contractor only event. Bring your job supers and purchasing agents!

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S A V E THE DAT E S !

Be sure to save the dates for these important upcoming programs: Click here for Shore Builders Events

NOVEMBER 13TH General Membership Meeting & Elections Location: Woodhaven Lumber & Millwork, Lakewood, NJ

DECEMBER 4TH Holiday Party & Installation Location: McCloones Supper Club, Asbury Park, NJ

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New Jersey Builders Association’s partnership with Association Master Trust (AMT) helps manage the cost of health bene ts for our members. AMT oers: • Cost eective “cutting edge” bene t plans. • A strong history of dividend returns. • Access to the Horizon Blue Cross • Blue Shield of NJ and the National Blue Cross Blue Shield provider network. Need To Reduce Healthcare Costs?

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Call: 973-379-1090 www.amt-nj.com | info@amt-nj.com

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TALK TO VAL DENOIA , YOUR LOCAL TERRITORY MANAGER, TO LEARN MORE ABOUT WEYERHAEUSER FRAMER SERIES ® LUMBER. HE CAN BE REACHED AT (908) 330-7439 OR VAL.DENOIA@WEYERHAEUSER.COM

Bulletin Board | 22 | www.shorebuilders.org Weyerhaeuser is a registered trademark of Weyerhaeuser NR Company © 2019. All rights reserved.

Legal/Legislative

Legal/ Legislative By Michael J. Gross, Esq., Steven M. Dalton, Esq., and Carmella M. Gubbiotti, Esq. Mr. Gross is a Partner & Chair, Mr. Dalton is a Partner, and Ms. Gubbiotti is an Associate of Giordano, Halleran & Ciesla, P.C.

UNRECORDED CONSERVATION RESTRICTIONS

the pre-acquisition due diligence to protect themselves against the negative consequences of unrecorded, yet applicable, conservation restrictions prohibiting development. SRRA 2.0 Governor Murphy signed legislation amending the Site Remediation Reform Act (SRRA) making various changes to SRRA. As originally proposed, the law would have required parties to notify NJDEP upon discovery of contamination during due diligence. Efforts of NJBA and others were successful in removal of the due diligence notification provision from the amendments. • Notice / Public Inquiry: Notice provisions are enhanced and accelerated. PRCRs will need to provide notice to municipalities and county health departments of remediation activities at the remedial investigation stage, rather than the remedial action stage. The notice must advise of the right to request and obtain remediation documents from the PRCR at the same time they are submitted to NJDEP. NJDEP may require both mail and sign notice. PRCR’s have an enhanced obligation to respond to written public inquiries by supplying documents or a written summary status report. • Direct Oversight. SRRA 2.0 provides that direct oversight runs with the land, but gives NJDEP express authority to modify The law contains several noteworthy provisions, listed in part below.

Michael J. Gross

Barry v. NJDEP

Bulletin Board | 23 | www.shorebuilders.org Releasing a conservation restriction is a difficult process. Governed by statute, a public hearing and NJDEP Commissioner approval are necessary to secure a release of a conservation restriction. Persons acquiring property for development purposes should thoroughly review the history of approvals for the subject parcel and include a careful condition compliance investigation as part of Conservation restriction instruments, like other restrictions, are typically recorded in the chain of title for the subject parcel. However, the absence of a recorded instrument may not mean that the subject parcel is free of conservation restrictions. Such restrictions may be applicable by operation of law regardless of whether a deed restriction has been recorded. This issue was discussed in Barry v. NJDEP, an unpublished Appellate Division decision. The court held that notwithstanding the absence of a recorded instrument, the conservation restriction was applicable by operation of law based on the property owner having availed itself of the benefits of a NJDEP permit. The permit required the recording of a conservation restriction for a dune area as a precondition to commencement of construction. The permit provided that commencement of construction constituted acceptance of all the terms and conditions of the permit. Although the conservation restriction was not recorded, construction took place and, as a result, the court found that the restriction was accepted and applicable.

Steve Dalton

Carmella M. Gubbiotti

the DO requirements, and enter into pre-purchase administrative consent

• Remediation Funding Source. Surety bonds were added as a new RFS option. • Remedial Action Permits. Permitees must retain an LSRP to oversee the permit responsibilities, consistent with current practice. • Green Remediation. The law calls for NJDEP to encourage the use of green and sustainable remediation practices. SPILL FUND CLAIM FOR SANDY DAMAGE: NEAR DECADE-LONG SAGA New Jersey courts typically afford NJDEP significant discretion in both the administrative and adjudicatory processes based on the agency’s specific expertise on environmental issues. Office of Administrative Law (OAL) decisions are reviewed by the NJDEP Commissioner, who has the authority to overturn the OAL judge’s decision. Accordingly, it can be a difficult burden to overcome a disputed NJDEP decision. Notwithstanding this broad grant of discretion, the agency’s power is not unfettered, and there are instances where the agency takes a step too far in exercising its discretionary power. Masters is an example of the courts reigning in the discretionary power of NJDEP. On July 29, 2019 the Supreme Court of New Jersey ordered a new arbitration proceeding to determine whether certain contamination caused by Hurricane Sandy qualified for compensation from the Spill Fund pursuant to the Spill Act. In the wake of Hurricane Sandy, Plaintiff Masters made a claim to the Spill Fund for compensation stemming from an inundation of floodwaters laced with petroleum-based toxins. This claim spurred a legal battle spanning nearly a decade. Masters and NJDEP have engaged in a long running dispute to determine whether sufficient evidence exists to demonstrate that the contamination qualified as a “hazardous discharge” under the Spill Act. US Masters Residential v. NJDEP

orders. All forms of Remediation Funding Sources (RFSs) are now allowed under DO, except a self-guarantee. Previously only a trust fund was allowed. • LSRP Retention. Except in limited circumstances (UHOT, PA/SI for due diligence), a person who is not an LSRP may not perform remediation unless under the oversight of an LSRP. LSRPs may not oversee remediation unless they have been formally retained. • LSRP Reporting Obligations. LSRP’s are now required to report any discharge at any part of a site where they are performing remediation work, not just at the part of the site for which the LSRP was retained. Additionally, because remediation is defined to include a preliminary assessment and site investigation, an LSRP who performs due diligence must report the finding of contamination. An LSRP is not shielded from its reporting obligation just because it was retained to perform due diligence. Therefore, owner’s selling real property should carefully consider whether to permit an LSRP to perform due diligence if they are concerned with the possibility of contamination being reported to NJDEP during due diligence. The Brownfield Act continues to provide that persons conducting pre- acquisition due diligence are not subject to the requirement to retain an LSRP, and non-LSRP consultants who perform due diligence are not subject to the same reporting obligations as LSRPs. • IECs in Unoccupied Structures. The IEC definition was amended to include “migration of contamination into a structure” producing a toxic or harmful atmosphere or other harmful condition, whether or not the structure is occupied. However, if the property owner certifies that the building is not occupied, will not be occupied, and will be demolished, remediation is not required.

While the Court acknowledged “flaws in the substantive reasoning of the arbitration decision”, it focused its critique of the arbitration on procedural unfairness due to the “convoluted history” of delays by NJDEP. Specifically, the Court emphasized that “two years elapsed between the request for arbitration and the commencement of the arbitration proceeding.” Moreover, NJDEP’s expert witness did not inspect the property until January 5, 2016, several years after Hurricane Sandy, and did not submit his expert report until “the eve of the arbitration” on January 11, 2016. The arbitrator did not submit a final decision dismissing Masters’ claim until April 4, 2016, ending a five-year arbitration process. The Court viewed these delays as unacceptable in light of the legislative The Court reversed and remanded the case taking issue with the arbitrator’s decision to exclude Masters’ expert report prepared in response to NJDEP’s delayed expert report, notwithstanding the broad discretion afforded to arbitrators in conducting discovery. “[A] grant of wide discretion does not eliminate the appellate review function of ensuring that such proceedings adhere to basic fairness principles.” The Court found that the decision to exclude this evidence was not “in keeping with the fulfillment of the truth-seeking function of adversarial proceedings.” Further, the belated report containing a new theory for denying the Spill Fund claim put Masters “at a clear disadvantage.” While the saga continues in the remanded arbitration proceeding, the Masters decision underscores the limits of NJDEP’s discretionary authority, and the implications of those limits to reign in NJDEP discretion other contexts, such as development and permitting approvals. policy underlying the Spill Act, which promotes a “swift and sure response”.

Docs #3952411-v1

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New Member Profile

RCP COMMUNITY ASSOCIATION MANAGEMENT COMPANY, AAMC,AMO by Mary Faith Nugiel, President

TRUST, CREDIBILITY, PERFORMANCE:

TEAM MANAGEMENT:

OUR MISSION SINCE 1974.

Every RCP community has a team of experts involved in association management from the planning stages of a new community through the last sale and beyond. Each dedicated team includes the Property Manager, Administrative Assistant, Customer Service Representative, an Accounts Payable Bookkeeper and an Accounts Receivable Bookkeeper. Financials are produced monthly by a top notch Financial Preparer and reviewed by our in-house CPA. The entire team is headed by a member of RCP's Executive Team who is experienced with developer work.

RCP is one of only three community management companies in New Jersey to be awarded both MMC and AMO designations by the Community Association Institute and the Institute of Real Estate Management, respectively. RCP, as a company, meets the strictest standards of performance. Our RCP community managers must abide by a code of ethics set by CAI and IREM.

When we first opened our doors over 40 years ago, we made it our goal to always provide our clients with the most responsive, efficient, and cost-effective property management service. Mary Faith Nugiel, President of RCP, proudly states, "By maximizing the value of the communities we manage, and managing our business with the highest ethical standards, RCP has become the premier property management company in New Jersey."

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COMMUNITY SERVICE at RCP:

OUR DEDICATION TO OUR BUILDERS:

RCP is very dedicated to giving back to our local community. Our RCP Hands of Hope Charity Committee is well known in this industry. HOH has contributed over $25,000 to Breast Cancer research through the Paddle for Pink event run by the Majestic Dragons Paddle Boat Team. We have also contributed to Special Olympics with their "Freezin for a Reason" Polar Bear Plunge. HOH runs many drives including Coat drives, Mother's Day drives, Back to School drives, Holiday Toy drives and Wounded Warrior drives. We are always there to help a member of the RCP family when needed.

Our RCP team has become proud members of the Shore Builders Association of Central New Jersey this year. We enthusiastically exhibited at the ABC Builders Convention in April. Bobby Radcliffe is an active member of the SBA Young Professionals and Patti Clemente is active on the Professional Women in Building Committee. Our RCP team members have not missed a SBA event yet from the FAME Awards on. RCP is dedicated to serving the building industry through our strong continued relationship with SBA

Contact Patti Clemente cell 732.861.8180 | direct 609.356.1958 or email: pclemente@rcpmanagement.com | RCPmanagement.com

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The beautiful bathrooms in the homes you build don't need to come at the expense of the beautiful outdoors. So, when you think about how to heat the water for your buyers’ homes, think Bradford White water heaters. Bradford White offers highly efficient and environmentally-friendly options that not only perform beautifully but save energy and your buyers money. Like our new Infiniti TM K Series tankless water heaters, our AeroTherm Series ® heat pump water heaters and our high efficiency eF Series ® gas water heaters — all ENERGY STAR ® qualified. Insist on Bradford White water heaters in every home you build. It matters. How your home buyers heat their water matters.

To learn more visit bradfordwhite.com/4builders

Proudly Represented By

©2019, Bradford White Corporation. All rights reserved. BWBBM0719

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ROOFING • SIDING • WINDOWS TOOLS • ANDMORE

You’ll work with the largest wholesale distributor of roofing in the U.S. and one of the nation’s largest wholesale distributors of select exterior and interior building materials. Look to ABC Supply for: • Uniform service practices of one company with over 760 locations • Choice of top brands, products, tools and accessories • Competitive pricing, electronic billing, product bundling, and custom reporting • Order accuracy, delivery coordination and prompt communication

YourCompetitive Edge

Experience the ABC Supply difference for yourself

22 locations in New Jersey to serve you

Lakewood, NJ 540 James St 732-364-7000

West Creek, NJ 1015 S Route 9 609-597-6466

Toms River, NJ 1221 Highway 37West 732-341-8600

Trenton, NJ 9 CheltenWay 609-890-1700

Pleasantville, NJ 725BW Delilah Rd 609-484-9100

Lambertville, NJ 1496 Route 179 609-397-6336

Bulletin Board | 29 | www.shorebuilders.org Avenel • Bergenfield • Camden • Cape May Court House • Cedar Knolls • Clifton • Delran • East Orange Hainesport • Plainfield • Rahway • Randolph • Riverdale • Runnemede • Tinton Falls • Vineland

CALENDAR OF EVENTS 2019

SHORE BUILDERS Association of Central NJ, Inc.

Builder Only Product Showcase | 4pm – 7pm Location: Jumping Brook Country Club, Neptune Board Of Directors Meeting | 9:30am Location: Ferguson Training Room, Lakewood Elections and Networking Event | 6pm Location:Woodhaven Lumber & Millwork, Lakewood Holiday Party | 6pm Location: McLoone’s Supper Club, Asbury Park, NJ

October 29

November 5

November 13

December 4

NAHB International Builders Show Location: Las Vegas

January 21-24

Economic Forecast & Breakfast Meeting | 9:30am Location: Jumping Brook Country Club, Neptune

February 5

Annual FAME Awards | 6pm Location: South Gate Manor, Freehold

February 26

Atlantic Builders Convention Location: Harrah’s Waterfront Conference Center

April 1-2

Annual Golf Outing Location: Jumping Brook Country Club

June 22

Martell’s Beach Party Location: Mar tell’s Tiki Bar, Point Pleasant Beach 75th Anniversary Gala | 6:30pm Location: Spring Lake Manor, Spring Lake

July 16

November 13

*Date and location is subject to change.

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Associate Spotlight

BEST OF IBS AWARDS AndersenWindows

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ndersen was honored to be awarded the NAHB International Builders’ Show (IBS) Best in Show and Best Window & Door Product in 2018 for our Easy Connect Joining System. Winners were chosen from over 300 entries in nine categories. At last year’s show, 31 judges selected their favorites based on three criteria: Innovation, Functionality and Good Design & Builder/Consumer Friendly.

Our new Easy Connect Joining System delivers the ultimate in job site conveniences, making it easier to install large combinations. In fact, most contractors surveyed said they could reduce the number of installers by 50% using the Andersen Easy Connect Joining System.*

This patented joining system utilizes interlocking fiberglass joining plates and offers design flexibility without compromising performance, so you can achieve multi-directional combinations and meet higher performance requirements.

*69% of 156 builders/general contractors in a 2018 survey said they could reduce the number of installers by half using the Easy Connect Joining System when comparing the installation of a 12’ wide x 8’ high pre-assembled window combination unit with four (4) 3’ wide x 8’ high window combination units.

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New Member Orientation September 12th

The latest New Member Orientation was held on September 12th right before the Night of Honor event. There were many new members in attendance who were excited to have the opportunity to network and mingle during the cocktail hour afterwards. Thank you to all of our committee chairs, leadership, and special guest who were able to attend and share their experiences and successes as a SBACNJ member.

As part of the Membership & Associate’s Committee’s outreach to new members, they have put together several New Member Orientation programs throughout this year. The committee invites new members to attend an event where they can introduce themselves

to the committee chairs and SBACNJ leadership. Information on our committees, community outreach, and initiatives are shared, as well as information on NJBA and NAHB and how to get involved at the state or national level.

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Product Sponsor

NORANDEX Exterior Products for Your Home

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or more than 65 years, Norandex has focused on bringing the highest quality residential and light commercial building products to the market. Products that are trusted by both contractors and homeowners to not only meet expectations, but exceed them in both quality and beauty. Homeowners today have numerous cladding choices when it comes to finishing their home. They often rely on the expertise of their new construction or remodeling contractor for recommendations on the best materials to use. Consumers want a finish that makes their home stand out in the neighborhood, but also one that will stand up under extreme weather conditions. They want peace of mind knowing the exterior of their home will retain its beauty years down the road, with virtually

no maintenance, and is strongly warranted for customer satisfaction.

vinyl siding, in addition to various shake and shingle products that have the authentic look of real wood without all the maintenance. Norandex prides itself on providing products that won’t fade when exposed to sunshine, help insulate a home from winter’s chill, and will stay on the wall in areas prone to extremely high winds. The Norandex proprietary NailRIGHT Siding Installation System makes proper nailing fast and easy helping to assure an accurate and safe installation and optimal performance. Norandex Vinyl Siding offers an assortment of truly distinctive profiles in combination with a wide array of beautiful colors that range from traditional white to the bold, beautiful, and dramatic dark colors popular with today’s

Meeting these requirements is not too much to ask, and if you ask professional contractors from around the country for their recommendation, many would choose Norandex brand vinyl siding products. Norandex Vinyl Siding offers homeowners a wide variety of options in styling and performance to make the job of choosing the right siding for their home easy. Norandex Vinyl Siding offers 10 different lines, which will meet the needs of any project as well as a complete line of vinyl soffit and accessories. To address the varying weather patterns throughout the states, Norandex offers both insulated (Polar Wall Plus!) and uninsulated

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