Bulletin Board Magazine 2020 Volume 1

Bulletin Board Magazine is the quarterly publication of Shore Builders Association of Central New Jersey.

XXXXX President’s Message

C ontents 01 President's Report by Christopher Amato 03 Welcome New Members 07 The CARES Act Tax Provisions by Bill McNamara and Kevin Donovan 13 Young Professionals Committee by Co-Chairs Adam McIndoe and Chris Cowan 17 ProfessionalWomen In Business Events 21 SBACNJ Event Recap 23 FAME Awards VOLUME 1 | 2020

EDITORIAL CONSULTANT Flair Marketing Group - Stephanie Shaffery

DESIGNER Flair Marketing Group

PRESIDENT'S Message by Christopher Amato - SBACNJ

OFFICERS President – Christopher Amato

First Vice President – James Pittenger

Vice President of Associates – David Eareckson, PE

Christopher Amato President - SBACNJ

Treasurer – Jim Franklin

T hanks to Immediate Past President Michael J. Kokes, for predicting this shift in your speech during the holiday party and installation last December. I thought you were joking, but I see you were actually foreseeing what would come to pass. Being President of SBACNJ at this time shows me how much dedication our members have to the Building industry. It’s comforting to know that the Officers, Board, Committee Chairs, and Staff are working to support our Association during this time. I would much rather spend my presidency in the atmosphere of flappers and speakeasy’s, but I feel confident Our first Board Meeting will be held via Zoom on May 6 th and we’re starting “SBA Something to Chew On” webinar Zoom lunch meetings on Fridays, keep an eye out for details in our weekly email, MemberLinks.

Secretary – Stan Graser

that surrounded by the best professionals in the industry during this unprecedented event, we will find the path forward. One thing I can tell you for certain is that the Association is here for you. Your approach should be safety first, and production will fall in step. We are working hard to ensure we are providing the best information available to our members about how to operate safely, while also giving the financial and operational procedures coming from trusted sources like NAHB, NJBA, as well as our sponsors. You can find links to all of the resource information you may need on this page of Bulletin Board.

With all the changes that we are experiencing every day, I want our members to know that networking and connecting to one another are essential elements that we are now going to do differently than in the past via technology tools like Zoom & Microsoft Teams. I would again like to thank Michael J. Kokes for having the foresight to set the foundation and equip our staff with the latest tools in technology, which are proving incredibly valuable at this time. These tools are currently helping to provide our leadership, staff, committees, and members with ways to connect digitally, while sheltering in place during the COVID-19 pandemic. The Atlantic Builders Convention has been officially rescheduled for September 29 – October 1 st. Keep an eye out for an announcement about our Annual BBQ on the Beach. I look forward to seeing everyone, in person, at future events once the all-clear is given. In the meantime, if you have any questions, comments or concerns please feel free to reach out to me. Here is my cell phone 908.489.0458.

General Counsel - Michael J. Gross

Immediate Past President – Michael J. Kokes

SBACNJ STAFF Executive Officer – Gina McNamara

Office Manager – Christine Boyle

25 Calendar of Events 27 Charitable Events 29 Builder Member Spotlight | Mongroup Properties, Inc. 33 Legal/Legislative by Michael J. Gross, Esq. , Steven M. Dalton, Esq. 41 COVID-19 Resource list 43 NAHB Member Advantage at a Glance

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

We have also reworked our schedule of events for the remainder of the year. One of our favorite events, the Annual Golf Outing, has been rescheduled to September 1st.

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

69 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

Photo of Associate Sponsors Meeting provided by staff Gina McNamara

PWBGS Meeting provided by Kim Manicone, Master Sponsor USI Insurance Services

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

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

Crown Point Cabinetry Brittany Hall PO Box 1560 462 River Road Claremont, NH 03743 (603) 504-6898

The Axel Group Drew Friedland 776 Shrewsbury Avenue, Suite E404 Tinton Falls, NJ 07724 (732) 977-6775

Carter Lumber Mike Kurpiel 53 Maidenstone Dr Ocean, NJ 07712 (732) 232-6451

Whitman Construction Christopher Poole 2511 Lakewood Road (732) 295-0875

Advisors Mortgage Group Timothy Ford 2899 Route 35 Hazlet, NJ 07730 (732) 859-3833 W. Allan Consulting William Allan 26 Kimberly Court Manalapan, NJ 07726 (848) 482-1300 Whirlpool Corp Jeanne Tomlinson 2000 M-63 Benton Harbor, MI 49022 (609) 325-6379

Ahern Rentals Pat Gallagher

2015 US Highway 206 Bordentown, NJ 08505 (609) 456-4020

Tailored Living of Princeton Todd Kerekes

Dacor Jonni Clause

1589 Reed Road, Unit 8 Pennington, NJ 08534 (609) 337-4434 Sponsor: Chris Amato CMM Custom Homes

618 Cleveland Avenue River Vale, NJ 07675 (626) 590-0111 Sponsor: Stan Graser Ferguson Enterprises Extech Building Valdemar Moreira 385 Asbury Road Farmingdale, NJ 07727 (732) 277-3059

Tom’s Ford Robert Keenan 200 Highway 35 Keyport, NJ 07735 (732) 264-1600

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

S A V E THE DAT E S !

JULY 16 TH BBQ ONTHE BEACH MARTELL'STIKI BAR

Ricciardi Brothers Paints and Decorating Jason Katz 6521 Route 9 North Howell, NJ 07731 (732) 370-0980

Kleinfelder Brian Friedlich 150 College Road West, Suite 100 Princeton, NJ 08540 (609) 924-8821 Sponsor: Mike Gross Giordano, Halleran & Ciesla

SEPTEMBER 1 ST ANNUAL GOLF OUTING &ANNUAL AWARDS DINNER JUMPING BROOK COUNTRY CLUB,

Subzero Group Mid-Atlantic Pat McIhenny

4050 South 26th Street Philadelphia, PA 19422 (215)-279-6264 Sponsor: Matt Bella James Hardie Building

SEPTEMBER 29– OCTOBER ABC  CONVENTION HARRAH’S RESORT ATLANTIC CITY

NAI DiLeo-Bram & Co. Daniel Duggan 1315 Stelton Road Piscataway, NJ 08854 (732) 985-3023 Sponsor: Sandy Deckman Woodhaven Lumber

Environmental Strategies & Applications Marc Bunting 495 Union Avenue, Suite 1D Middlesex, NJ 08846 (732) 469-8888

NOVEMBER 21 ST 75 TH ANNIVERSARY GALA SPRING LAKE MANOR

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The CARES Act Tax Provisions

Bulletin Board | 8 | www.shorebuilders.org even if they aren't paid under a prescription. And, amounts paid for menstrual care products are treated as amounts paid for medical care. For reimbursements after December 31, 2019, the same rules apply to Flexible Spending Arrangements and Health Reimbursement Arrangements 3. Similarly, the limitation on charitable deductions for corporations that is generally 10% of (modified) taxable income doesn't apply to qualifying contributions made in 2020. Instead, a corporation's qualifying contributions, reduced by other contributions, can be as much as 25% of (modified) taxable income. No connection between the contributions and COVID-19 activities is required. 4. (For contributions of food inventory made in 2020, the deduction limitation increases from 15% to 25% of taxable income for C corporations and, for other taxpayers, from 15% to 25% of the net aggregate income Exclusion for employer payments of student loans. An employee currently may exclude $5,250 from income for benefits from an employer-sponsored educational assistance program. The CARES Act expands the definition of expenses qualifying for the exclusion to include employer payments of student loan debt made before January 1, 2021. Break for remote care services provided by high deductible health plans. For plan years beginning before 2021, the CARES Act allows high deductible health plans to pay for expenses for tele-health and other remote services without regard to the deductible amount for the plan. Break for nonprescription medical products. For amounts paid after December 31, 2019, the CARES Act allows amounts paid from Health Savings Accounts and Archer Medical Savings Accounts to be treated as paid for medical care from all businesses from which the contributions were made.

Business only provisions:

family) is infected with the Coronavirus or who is economically harmed by the Coronavirus (a qualified individual). Penalty-free distributions are limited to $100,000, and may, subject to guidelines, be re-contributed to the plan or IRA. Income arising from the distributions is spread out over three years unless the employee elects to turn down the spread out. Employers may amend defined contribution plans to provide for these distributions. Additionally, defined contribution plans are permitted additional flexibility in the amount and repayment terms of loans to employees who are qualified individuals. Waiver of required distribution rules. Required minimum distributions that otherwise would have to be made in 2020 from defined contribution plans (such as 401(k) plans) and IRAs are waived. This includes distributions that would have been required by April 1, 2020, due to the account owner's having turned age 70 1/2 in 2019. Charitable deduction liberalizations. The CARES Act makes four significant liberalizations to the rules governing charitable deductions: 1. Individuals will be able to claim a $300 above-the-line deduction for cash contributions made, generally, to public charities in 2020. This rule effectively allows a limited charitable deduction to taxpayers claiming the standard deduction. 2. The limitation on charitable deductions for individuals that is generally 60% of modified adjusted gross income (the contribution base) doesn't apply to cash contributions made, generally, to public charities in 2020 (qualifying contributions). Instead, an individual's qualifying contributions, reduced by other contributions, can be as much as 100% of the contribution base. No connection between the contributions and COVID- 19 activities is required.

Employee retention credit for employers. Eligible employers can qualify for a refundable credit against, generally, the employer's 6.2% portion of the Social Security (OASDI) payroll tax (or against the Railroad Retirement tax) for 50% of certain wages (below) paid to employees during the COVID-19 crisis. The credit is available to employers carrying on business during 2020, including non- profits (but not government entities), whose operations for a calendar quarter have been fully or partially suspended as a result of a government order limiting commerce, travel or group meetings. The credit is also available to employers who have experienced a more than 50% reduction in quarterly receipts, measured on a year-over-year basis relative to the corresponding 2019 quarter, with the eligible quarters continuing until the quarter after there is a quarter in which receipts are greater than 80% of the receipts for the corresponding 2019 quarter. For employers with more than 100 employees in 2019, the eligible wages are wages of employees who aren't providing services because of the business suspension or reduction in gross receipts described above. For employers with 100 or fewer full-time employees in 2019, all employee wages are eligible, even if employees haven't been prevented from providing services. The credit is provided for wages and compensation, including health benefits, and is provided for the first $10,000 in eligible wages and compensation paid by the employer to an employee. Thus, the credit is a maximum $5,000 per employee. Wages don't include (1) wages taken into account for purposes of the payroll credits provided by the earlier Families First Coronavirus Response Act for required paid sick leave or required paid family leave, Continued ›

THE CARES ACT Tax Provisions by Bill McNamara and Kevin Donovan

T he Curchin Group, LLC hopes that you are keeping yourself, your loved ones, and your community safe from COVID-19 (commonly referred to as the Coronavirus). Along with those paramount health concerns, you may be wondering about some of the recent tax changes meant to help everyone coping with the Coronavirus fallout. We are providing this update to you on the tax-related provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Congress's gigantic economic stimulus package that the President signed into law on March 27, 2020. Individual provisions: Recovery rebates for individuals. To help individuals stay afloat during this time of economic uncertainty, the government will send up to $1,200 payments to eligible taxpayers and $2,400 for married couples filing joints returns. An additional $500 additional payment will be sent to taxpayers for each qualifying child dependent under age 17 (using the qualification rules under the Child Tax Credit). Rebates are gradually phased out, at a rate of 5% of the individual's adjusted gross income over $75,000 (singles or marrieds filing separately), $122,500 (head of household), and $150,000 (joint). There is no income floor or ''phase-in''-all recipients who are under the phaseout threshold will receive the same amounts. Tax filers must have provided, on the relevant tax returns or other documents (see below), Social Security Numbers (SSNs) for each family member for whom a rebate

is claimed. Adoption taxpayer identification numbers will be accepted for adopted children. SSNs are not required for spouses of active military members. The rebates are not available to nonresident aliens, to estates and trusts, or to individuals who themselves could be claimed as dependents. The rebates will be paid out in the form of checks or direct deposits. Most individuals won't have to take any action to receive a rebate. IRS will compute the rebate based on a taxpayer's tax year 2019 return (or tax year 2018, if no 2019 return has yet been filed). If no 2018 return has been filed, IRS will use information for 2019 provided in Form SSA- 1099, Social Security Benefit Statement, or Form RRB-1099, Social Security Equivalent Benefit Statement. Rebates are payable whether or not tax is owed. Thus, individuals who had little or no income, such as those who filed returns simply to claim the refundable earned income credit or child tax credit, qualify for a rebate.

Bill McNamara

Kevin Donovan

Additional information and answers to frequently asked questions can be found here:

Additional information FAQ's

Waiver of 10% early distribution penalty. The additional 10% tax on early distributions from IRAs and defined contribution plans (such as 401(k) plans) is waived for distributions made between January 1 and December 31, 2020 by a person who (or whose

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The CARES Act Tax Provisions Continued

(2) wages taken into account for the employer income tax credit for paid family and medical leave (under Code Sec. 45S ) or (3) wages in a period in which an employer is allowed for an employee a work opportunity credit (under Code Sec. 51 ). An employer can elect to not have the credit apply on a quarter-by-quarter basis. The IRS has authority to advance payments to eligible employers and to waive penalties for employers who do not deposit applicable payroll taxes in reasonable anticipation of receiving the credit. The credit is not available to employers receiving Small Business Interruption Loans. The credit is provided for wages paid after March 12, 2020 through December 31, 2020. Additional information and answers to frequently asked questions on these credits can be found here: Delayed payment of employer payroll taxes. Taxpayers (including self-employed) will be able to defer paying the employer portion of certain payroll taxes through the end of 2020, with all 2020 deferred amounts due in two equal installments, one at the end of 2021, the other at the end of 2022. Taxes that can be deferred include the 6.2% employer portion of the Social Security (OASDI) payroll tax and the employer and employee representative portion of Railroad Retirement taxes (that are attributable to the employer 6.2% Social Security (OASDI) rate). The relief isn't available if the taxpayer has had debt forgiveness under the CARES Act for certain loans under the Small Business Act as modified by the CARES Act (see below). For self-employed, the deferral applies to 50% of the Self-Employment Contributions Act tax liability (including any related estimated tax liability). Additional information FAQ's

Additional information and frequently asked questions can be found here:

The CARES Act clarifies, in a technical amendment that is retroactive, that an excess loss is treated as part of any net operating loss for the year, but isn't automatically carried forward to the next year. Another technical amendment clarifies that excess business losses do not include any deduction under Code Sec. 172 (NOL deduction) or Code Sec. 199A (qualified business income deduction). Still another technical amendment clarifies that business deductions and income don't include any deductions, gross income or gain attributable to performing services as an employee. And because capital losses of non- corporations cannot offset ordinary income under the NOL rules, capital loss deductions are not taken into account in computing the Code Sec. 461 (l) loss and the amount of capital gain taken into account cannot exceed the lesser of capital gain net income from a trade or business or capital gain net income. Acceleration of corporate AMT liability credit. The 2017 Tax Law repealed the corporate alternative minimum tax (AMT) and allowed corporations to claim outstanding AMT credits subject to certain limits for tax years before 2021, at which time any remaining AMT credit could be claimed as fully-refundable. The CARES Act allows corporations to claim 100% of AMT credits in 2019 as fully-refundable and further provides an election to accelerate the refund to 2018. Relaxation of business interest deduction limit. The 2017 Tax Law generally limited the amount of business interest allowed as a deduction to 30% of adjusted taxable income (ATI). The CARES Act generally allows businesses, unless they elect otherwise, to increase the interest limitation to 50% of ATI for 2019 and 2020, and to elect to use 2019 ATI in calculating their 2020 limitation.

Additional information FAQ's

Net operating loss liberalizations. The 2017 Tax Cuts and Jobs Act (the 2017 Tax Law) limited NOLs arising after 2017 to 80% of taxable income and eliminated the ability to carry NOLs back to prior tax years. For NOLs arising in tax years beginning before 2021, the CARES Act allows taxpayers to carryback 100% of NOLs to the prior five tax years, effectively delaying for carrybacks the 80% taxable income limitation and carryback prohibition until 2021. beginning before 2021, taxpayers can take an NOL deduction equal to 100% of taxable income (rather than the present 80% limit). For tax years beginning after 2021, taxpayers will be eligible for: (1) a 100% deduction of NOLs arising in tax years before 2018, and (2) a deduction limited to 80% of taxable income for NOLs arising in tax years after 2017. The provision also includes special rules for REITS, life insurance companies, and the Code Sec. 965 transition tax. There are also technical corrections to the 2017 Tax Law effective dates for NOL changes. Deferral of noncorporate taxpayer loss limits. The CARES Act retroactively turns off the excess active business loss limitation rule of the TCJA in Code Sec. 461(l) by deferring its effective date to tax years beginning after December 31, 2020 (rather than December 31, 2017). (Under the rule, active net business losses in excess of $250,000 ($500,000 for joint filers) are disallowed by the 2017 Tax Law and were treated as NOL carryforwards in the following tax year.) The Act also temporarily liberalizes the treatment of NOL carryforwards. For tax years

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The CARES Act Tax Provisions Continued

Seamless style. Controllable privacy. EnLiten ™ Flush-Glazed Internal Blinds for Smooth-Star ® Doors

For partnerships, the 30% of ATI limit remains in place for 2019 but is 50% for 2020. However, unless a partner elects otherwise, 50% of any business interest allocated to a partner in 2019 is deductible in 2020 and not subject to the 50% (formerly 30%) ATI limitation. The remaining 50% of excess business interest from 2019 allocated to the partner is subject to the ATI limitations. Partnerships, like other businesses, may elect to use 2019 partnership ATI in calculating their 2020 limitation. Technical correction to restore faster write-offs for interior building improvements. The CARES Act makes a technical correction to the 2017 Tax Law that retroactively treats (1) a wide variety of interior, non-load-bearing building improvements (qualified improvement property (QIP)) as eligible for bonus deprecation (and hence a 100% write-off) or for treatment as 15-year MACRS property or (2) if required to be treated as alternative depreciation system property, as eligible for a write-off over 20 years. The correction of the error in the 2017 Tax Law restores the eligibility of QIP for bonus depreciation, and in giving QIP 15-year MACRS status, restores 15-year MACRS write-offs for many leasehold, restaurant and retail improvements. Accelerated payment of credits for required paid sick leave and family leave. The CARES Act authorizes IRS broadly to allow employers an accelerated benefit of the paid sick leave and paid family leave credits allowed by the Families First Coronavirus Response Act by, for example, not requiring deposits of payroll taxes in the amount of credits earned. Pension funding delay. The CARES Act gives single employer pension plan companies more time to meet their funding obligations by delaying the due date for any contribution

otherwise due during 2020 until January 1, 2021. At that time, contributions due earlier will be due with interest. Also, a plan can treat its status for benefit restrictions as of December 31, 2019 as applying throughout 2020. Certain SBA loan debt forgiveness isn't taxable. Amounts of Small Business Administration Section 7(a)(36) guaranteed loans that are forgiven under the CARES Act aren't taxable as discharge of indebtedness income if the forgiven amounts are used for one of several permitted purposes. The loans have to be made during the period beginning on February 15, 2020 and ending on June 30, 2020. Suspension of certain alcohol excise taxes. The CARES Act suspends alcohol taxes on spirits withdrawn during 2020 from a bonded premise for use in or contained in hand sanitizer produced and distributed in a manner consistent with FDA guidance related to the outbreak of virus SARSCoV- 2 or COVID-19. Suspension of certain aviation taxes. The CARES Act suspends excise taxes on air transportation of persons and of property and on the excise, tax imposed on kerosene used in commercial aviation. The suspension runs from March 28, 2020 to December 31, 2020. For additional information on how we can assist your businesses now during the pandemic and in the future, please contact

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Bill McNamara, CPA bmcnamara@curchin.com or Kevin Donovan, CPA kdonovan@curchin.com at 732-747-0500.

Image features S2600 painted in Moonless Night by Reeb Finish.

For more information on Therma-Tru ® doors and Reeb ® Finish featuring Prismaguard ® , please visit reeb.com/reeb-finish .

The Curchin Group, LLC remain proud Master Sponsors of the Shore Builders Association of Central New Jersey, Inc.

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YP COMMITTEE

YOUNG PROFESSIONALS COMMITTEE by Co-Chairs Adam McIndoe and Chris Cowan O ne of the many Shore Builders

Adam McIndoe Young Professionals Committee Co-Chair

The committee received positive feedback on the initiative and formed new relationships with the high school guidance counsellors. The Shore Builders Association trade committee is in the process of scheduling on-site presentations to high schools throughout the area for next school year. If you or someone you know has a guidance counselor or administrator contact at a middle or high school, the trade committee would appreciate an introduction.

Association missions is to inform students of the excellent career opportunities available through trade. In February, local guidance counselors held their annual conference at Georgian Court University. On the agenda was an open discussion on career opportunities in the building trade. Run by The Shore Builders Association trade committee, counselors were briefed on the multiple career options for students considering the building trade. Members Jim Franklin, James Pittenger, Rachel Novy, Chris Cowan, Kristin Marzarella, Adam McIndoe, and Stanley Graser, as well as executive officer Gina McNamara all shared their personal experiences and success stories.

Chris Cowan Young Professionals Committee Co-Chair

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PWB Events

PROFESSIONALWOMEN IN BUILDING EVENTS

PWB Meeting

January 14, 2020

Big Thanks to Rachel Vergari Chfc, CLU, CLF; President & Founder GoodStreet Financial LLC for the informative presentation “Wine & Wealth” to our members.

PWBGS Meeting

March 10, 2020

A special guest speaker Bari Kroll of B. Lauren Investigations presented a program to the membership called Turning Cyber Risk into a Competitive Edge. The information was eye opening and thought provoking!

PWBGS President Georgette Kyriacou

March 2020

Georgette Kyriacou is an Air Force reservist and was recently deployed to Southeast Asia. We wish her a very safe deployment and can’t wait to see her later this summer when she returns.

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GROHE STARLIGHT® Durable coating wipes clean, maintains lustrous finish

MAGNETIC DOCKING Easy retraction and secure docking of the spray head

SMOOTH TURN 360° Spout rotation allows for full sink coverage

THREE-SPRAY OPTION WITH TOGGLE Switches from regular to shower to forceful blade spray

FORWARD ROTATING HANDLE Prevents backsplash interference

SPEED CLEAN® Remove limescale build-up with your fingertip

REFINED DESIGN, ENHANCED FUNCTIONALITY GROHE LADYLUX ® L2

GROHE SILKMOVE® Smooth, effortless handle operation

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Event Recap

Industry Awards

January 29, 2020

SBACNJ EVENT RECAP

SBACNJ Members Honored at NJBA Annual Awards

On January 29, 2020, NJBA members from all over New Jersey gathered to recognize the achievements of members in our state’s building industry. Shore Builders and its members congratulates the following local members recognized by NJBA for their achievements and contributions to the state association.

SBACNJ CELEBRATES 75TH ANNIVERSARY 2020 marks our 75th Anniversary of serving our industry.We will be celebrating all year long, with a gala event on Saturday, November 21st, so be sure to save the date! One way that you can help us celebrate this achievement is to display our anniversary Proud Member logo on all your marketing materials.

Call or email the office to get the logo!

Kristin Marzarella, All County Enterprises – Rising Star

Strategies - Preservation of the American Dream

Christopher Amato, CMM Custom Homes - Cornerstone Award

The Professional Women in Building of the Garden State – Public Service

Matthew Kaplan, ReViero – Cornerstone

Irina B. Elgart, Esq., Fox Rothschild – Affordable Housing

Steven M. Dalton, Giordano, Halleran, & Ciesla – Associate of the Year

Tony DiLodovico, Bowman Consulting Co./Tony D. Environmental Permitting – Meritorious Service Jay S. Kruse, P.E., ESE Consultants, Inc. – a division of Toll Brothers – Meritorious Service

Dwight Weasley Pittenger, Esq. John D. Pittenger Builders – Builder Hall of Fame

International Builders Show – Las Vegas Nevada

January 21 – 23, 2020

Jeromie P. Lange, Maser Consulting – Associate Hall of Fame

Shore Builders Association of Central New Jersey Members Recognized at IBS & NJBA Awards Events During the three-day IBS in mid-January, several Shore Builders’ members were recognized at various events at the show. The association would like to congratulate Dean Mon, of Mon Group Properties who was installed as the Chairman of the NAHB, Rich Robinson of Member Rebate Program for his induction into the NAHB Society of Honored Associates, Kristin Marzarella, named Region A Young Professional of the Year, and Michael Borodinsky, recipient of the Mortgage Professional of the Year award.

Henry J. Kelly, Jr., The Kelly Group – Golden Hammer

George J. Tyler, Esq., Tyler & Carmeli – Meritorious Service

Michael J. Gross, Esq., Giordano, Halleran, & Ciesla – Golden Handshake

Dean R. Mon, Mon Group Properties – Excellence in Leadership

Randy Csik, American Properties Realty – Special Service

Thomas F. Troy, Sharbell Development Corp. – Excellence in Leadership

Jim Franklin, American Properties Realty – Spike Advocate

Dean Mon was elected as the 2020 chairman of the National Association

Frank Swol, EAM Associates - Ironman

Bravo to Rich Robinson who was inducted into the National Association of Home Builders Society of Honored Associates. 

of Home Builders.We are honored & proud to call him our member!

Barbara Schoor, Community Investment

Economic Forecast

February 5, 2020

Economic Forecast meeting, presented by Robert Dietz, Ph.D., Chief Economist & Senior VP for Economics & Housing Policy, NAHB.

Economic Crosswinds in 2020

Congratulations to NJBAAssociateVice President, Michael Borodinsky of Caliber Homes Loans for winning a GoldAward,Mortgage Professional of theYear.most

Shore Builders Association of Central New Jersey February 5, 2020

Congratulations to Kristin Marzarella  who was named Region AYoung Professional of theYear.

Robert Dietz, Ph.D. NAHB Chief Economist

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OUR SPONSORS

SUPER SPONSOR LOCALIQ COCKTAIL SPONSOR AMBOY BANK COAT CHECK SPONSOR NJ ADVANCE MEDIA VALET SPONSOR HEXA/LEVEL 10

Best. FAME. EVER!

LANYARD SPONSOR CALIBER HOME LOANS WEEKEND GETAWAY SPONSOR ESPOSITO CONSTRUCTION SIGNAGE SPONSOR FLAIR MARKETING GROUP

OUR COMMITTEE

What a great night we had celebrating the Fabulous Achievements in Marketing Excellence. Congratulations to all the winners, thank you to all of our sponsors, and a big thank you to all who attended! We would like to also congratulate Kristin Marzarella of All County Enterprises on receiving the Outstanding Achievement award this year! This award is presented by the Sales & Marketing committee to a person who shows exemplary service & dedication to progressing the mission of SBACNJ throughout the year. Be sure to take a look through the FAME Winner’s Book, available for viewing on our website and congratulate all your friends and colleagues on their Fabulous Achievements in Marketing Excellence! If you are a FAME Winner please contact the office to receive your exclusive FAME 2020 Winner logo to use on all your marketing!

Marge Karahuta, Exit 98 Realty – Committee Chair

Stephanie Shaffery, Flair Marketing Group – Committee Vice Chair

Deanna Ditty, LocaliQ

TABLE DÉCOR CITIZENS BANK DESSERT SPONSOR HUBER ENGINEERED WOODS

Marge Karahut a Exit 98 George Realty

Kelly Fliller, Jay & Linda Grunnin Foundation

Adam Lepore, Citizen’s Bank

Lourli Patricio, All County Enterprises

WINNERS BOOK SPONSOR DESIGN 446 SIGNATURE DRINK SPONSOR SHARBELL DEVELOPMENT CHAMPAGNE TOAST SPONSOR SBACNJ BOARD OF DIRECTORS

Emma Drinkard, All County Enterprises

Brooke King, ST Sales Corporation

Adam McIndoe, Netwave Interactive Marketing

Jared Shastney, All County Enterprises

Stephanie Shaffery, President Flair Marketing Group LLC

EVENT SPONSORS BUILDERS GENERAL SUPPLY ALL COUNTY ENTERPRISES

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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?

CALENDAR OF EVENTS 2020

SHORE BUILDERS Association of Central NJ, Inc.

July 16th BBQ on the Beach Mar tell's Tiki Bar

Annual Golf Outing & Annual Awards Dinner Jumping Brook Country Club,

September 1st

September 29– October 1st

ABC  Convention Harrah’s Resor t Atlantic City

WhyWait? Start Saving Today!

75th Anniversary Gala Spring Lake Manor

November 21st

Association Master Trust

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

*Date and location is subject to change.

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Charitable Events

ALLTHE GOOD

February12, 2020

Hearts of Hope Breakfast

Some of our members spent the morning with Collier Youth Services at an inspiring event,

the Hearts of Hope Breakfast. We are always happy to support this amazing organization!

Collier Youth Group Home Bathroom Renovation

Our Community Outreach programs have been hugely successful, thanks to our engaged members and committees. Here’s some of our recent accomplishments: People’s Pantry Food Donation The Professional Women in Building of the Garden State collected 600 lbs. of food and $110.00 in cash donations during the Networking & Elections event last November.

Collier Youth Group Home Holiday Collection Drive

Always our favorite day of the year! Georgette, Gina & Christine delivered gifts, gift cards, and $850 in cash donations

to the Collier Group Home in Red Bank. We hope this helps to make their seasons bright. Thank you to all who donated!

Bulletin Board | 27 | www.shorebuilders.org

Bulletin Board | 28 | www.shorebuilders.org

Builder Member Spotlight

“ MonGroup’s vision for every American to live in a house that they are proud to call home is more than words to us. It is what we all try to deliver every day in every building and home we construct. ” -Dean R. Mon

MONGROUP PROPERTIES, INC.

MonGroup Properties was one of the first developers in New Jersey to complete projects meeting all three standards. The green amenities found in 175 West will include energy efficient appliances, clean air ventilation systems, toxic free flooring and other environmentally friendly features to promote sustainability and provide for healthy living. In addition to helping the environment, residents will realize utility savings. Located in a desirable area of Bayonne, 175 West will be less than a half mile from the 8th Street Light Rail Station of the Hudson- Bergen Light Rail and NJ Transit bus service. Residents will have easy access to Manhattan, Staten Island, Jersey City, as well as other areas throughout New York and New Jersey. Shopping, dining, and entertainment is within walking distance. Mon is in the planning stages for a new project called Liberty Park. Located in Union City, New Jersey, Liberty Park will feature 48 rental units. It is anticipated that Mon will break ground on this project in the summer of 2020. Although Mon is focused on sustainable living, he has not forgotten his vision to build homes that are inviting and affordable for New Jersey’s workforce. MonGroup’s stylish, modern, open, spacious, well-appointed apartments are priced to rent.

Dean Mon CEO and President of MonGroup Properties,

It’s funny how one decision can change the course of someone’s life. In the case of Dean R. Mon, chief executive officer (CEO) and president of MonGroup Properties, D.R. Mon Group and its family of independent companies (MonGroup), that decision was made in 1961. At the young age of 14, Mon’s parents thought that it was prudent to send him and his brother to Miami. Mon immigrated from Cuba with the help of a Catholic Service Program called Operation Pedro Pan. Like many others before him, Mon wanted to live the American Dream. Today, Mon is not only living the American Dream, he is delivering it to homeowners throughout the United States. You see, Mon had a vision and was determined to make a difference in the lives of others. As a public servant, Mon climbed the

Bulletin Board | 29 | www.shorebuilders.org Mon founded his company in 1985 as D.R. Mon Group, Inc. building high-end luxury single-family homes. In 1995, he realized that few builders were building homes that ladder and served in every position for the Community Builders Association (now called the Metropolitan Builders and Contractors Association of New Jersey (METRO), New Jersey Builders Association (NJBA) and now the National Association of Home Builder (NAHB). Just last month, Mon was inducted as Chairman of this prestigious organization. It is a well-deserved honor for someone who has spent his entire career helping others achieve the American Dream of Homeownership. In this position, Mon will represent the interests of home builders and homeowners nationwide and advocate for builder’s rights in the White House.

were within the budget of most New Jersey’s families. Instead, builders were focused on constructing “McMansions” that were far beyond what the workforce could afford. Living in a new stylish home in a decent neighborhood was out of the reach of the average American. Many people had to take out mortgages that they could not afford to pay down just to live in a nice home. Mon feared that the American Dream of Homeownership would not be realized or obtainable for most New Jerseyans and decided to do something. Mon saw this as an opportunity to give back to the community that he now calls home. When other builders scaled up and focused on building large luxury homes, Mon scaled down and built stylish, modern, yet modest homes in Central New Jersey with many desired amenities that were reasonably priced.

Mon rebranded the company as MonGroup Properties, Inc. in 2010 and emphasized it’s focus on building sustainable communities in urban areas to meet the growing demand for multifamily housing near where residents work and could walk to shopping, dining, and entertainment venues. Today, MonGroup is revitalizing neighborhoods throughout New Jersey – bringing much needed housing, jobs and business into communities in desirable locations in Hudson County and on the Jersey Shore. As an advocate for sustainability, Mon is considered a leader in green building and is focused on building high-quality multifamily communities for residents to live in a healthy environment.

Mon’s current project 175 West is located on New Jersey’s Gold Coast. Once completed, this building will have 20 one-bedroom and 36 two-bedroom spacious apartments for rent. Select apartments will include additional features such as a den or private deck. Residents will enjoy building amenities such as package solution systems, landscaped terrace, fitness center and more. This property will be pet friendly and feature amenities for them such as a pet washroom and pet run. Just as with Mon’s previous award-winning project, Jaclyn Heights at West New York, 175 West will be built to “triple green certifications” – LEED, Energy Star and National Green Building Standard (NGBS).

Bulletin Board | 30 | www.shorebuilders.org

XXXX Article by XXXX

You need attorneys with in-depth knowledge and experience with the complex issues facing the building industry.

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You need attorneys who provide high quality legal services.

You want attorneys who listen to you.

You want attorneys who understand your work and the challenges you face.

Environmental, Real Estate, Land Use and Planned Real Estate Development practices please contact: Michael J. Gross, Esq. John A. Giunco, Esq. Michael A. Bruno, Esq. J. Scott Anderson, Esq. Marc D. Policastro, Esq. Paul H. Schneider, Esq. Steven M. Dalton, Esq. Laurence I. Rothstein, Esq.

You want attorneys who are responsive and attentive.

You want attorneys who frequently work with governmental regulatory agencies on applications and approvals and anticipate future legislation that could a ect your projects.

You want attorneys who take that extra step to ensure that you are satis ed.

Michael J. Vitiello, Esq. Tara Phelan Carver, Esq. Timothy J. DeHaut, Esq. Steven P. Gouin, Esq. Todd D. Greene, Esq. C. Justin McCarthy, Esq. John A. Sarto, Esq. Louis J. Seminski, Esq. A yfa H. Ellington, Esq.

You want attorneys who provide exceptional value for the fees you pay.

(732) 741 -3900 info@ghclaw.com

www.ghclaw.com www.njenvironmentlaw.com

Bulletin Board | 31 | www.shorebuilders.org

Bulletin Board | 32 | www.shorebuilders.org Bulletin Board | 40 | .sh rebuilders. rg

Legal/Legislative

residence. Margate authorized the work and objectors appealed to Margate’s Zoning/ Planning Board to stop construction. They asserted that a 1978 declaration of covenants and restrictions (the “Declaration”) required approval of a majority of the development’s homeowners, which Iannuzzi had not obtained. The development was constructed such that ocean views were protected for all 20 unit owners. In response to the complaint, Iannuzzi alternatively sought to rebuild the townhouse to the original footprint, elevated to meet flood-safety standards. The trial court overturned Margate’s construction approval and rejected the alternate plan, finding approval was required by a majority of unit owners because of the existing Declaration. The trial court held that the Act did not apply because the townhouse was not a “structure” under the Act. In August 2017, the Legislature passed two significant amendments to the Act. First, row houses and attached town houses owned in fee simple were added to the definition of “structure. Second, the amendment provided that deed restrictions cannot be enforced to prevent elevation of a structure damaged by Sandy. Based on the amendments to the Act, Iannuzzi and Margate appealed the trial court decision. The Appellate Division upheld the denial of Iannuzzi’s application to construct a free-standing dwelling, but reversed the decision in part as to the proposed town house reconstruction. Notwithstanding the Declaration, the Act as amended allowed Iannuzzi to reconstruct and elevate the pre- existing townhouse to meet flood-safety standards without obtaining variance relief or site plan approval. The court confirmed “the legislative history leaves no room for doubt as to the Legislature’s continuing intent to sweep away obstructions to flood-safe construction.” The Act “overrides the Declaration and any local development regulations” that might

other prevent elevation of the townhouse. As amended, the Act applies to the townhome and permits elevation to the flood-safety standards. Not only does the Act override the local development regulations, it also overrides limitations set forth in the Declaration to the extent that they preclude compliance with the flood-safety standards. The court also rejected plaintiffs’ argument that as a condition of approval, Iannuzzi should have been required to reduce square footage of the home to maintain the pre-existing height. The Act allows building elevation while maintaining the original dimensions, including the original amount of living space. An owner is not required to sacrifice square footage to accommodate the elevation. This case confirms the Act’s allowance for reconstruction of Sandy-damaged properties to meet flood-safety standards “as of right” without municipal planning approval, including townhouses with shared walls, even in the face of conflicting deed restrictions. REZONING/AFFORDABLE HOUSING S/K Old York Road Assoc. v. Branchburg Plaintiff objectors challenged a rezoning ordinance adopted by Branchburg to comply with affordable housing mandates and preliminary site plan approval issued by Branchburg for a 100-rental unit development on the subject property. The Appellate Division affirmed dismissal of Plaintiff ’s complaint upholding the development approvals under the amended zoning plan.

persons to obtain relief where its legal rights are affected by a statute, municipal ordinance, or contract. However, the Declaratory Judgment Act does not provide the Law Division with jurisdiction to review the final decision of an administrative agency. The Appellate Division “has exclusive jurisdiction to consider appeals from final decisions or actions of a State administrative agency.” R. 2:2-3(a)2. Thus, the issues raised by plaintiffs were only appropriate for review by the Appellate Division following DEP’s final decision to issue the amelioration authorization. The court stressed that Salas and DEP had settled their dispute over whether a regulatory taking occurred and no taking claim was pending over which the Law Division would have had jurisdiction. Because the Law Division lacked jurisdiction to consider the plaintiff ’s challenge to DEP’s decision to reconsider the denial of Salas’ wetland application, denial of intervention was appropriate. The ability to obtain alternative approval from DEP in the form of an amelioration authorization may provide an owner with critical relief from strict application of the FWPA when a taking claim is implicated. The Salas decision confirms the viability of the amelioration authorization process. FLOOD ACT ELEVATIONS - In a recent decision, the Appellate Division retroactively applied amendments to the Flood Hazard Area Control Act, N.J.S.A. 58:16A-103 (the “Act”), allowing a townhouse owner to rebuild and elevate the townhome after Hurricane Sandy notwithstanding deed restrictions precluding construction. Iannuzzi sought to demolish a beachfront townhome destroyed by Sandy and replace it with an elevated and enlarged free-standing TOWNHOMES Gross v. Iannuzzi

Legal/Legislative by Michael J. Gross, Esq. , Steven M. Dalton, Esq. Mr. Gross is a Partner & Chair, Mr. Dalton is a Partner of Giordano, Halleran & Ciesla, P.C.

Stormwater Management – Green Infrastructure

AMELIORATION AUTHORIZATION/TAKINGS Salas v. NJDEP, et al.

Michael J. Gross

Bulletin Board | 33 | www.shorebuilders.org determination or approval from DEP prior to the implementation date of the amended rules. DEP published notice of adoption of its Green Infrastructure Stormwater Rule in the New Jersey Register on March 2, 2020. A discussion of the rule proposal can be found in the 2018 – Volume 4 edition of the Bulletin Board. The amendments followed an extended public stakeholder and review process spanning several years. The amended rules replace the nonstructural stormwater management strategies provisions of the prior rules with specific green infrastructure BMPs to address stormwater quality and quantity. The amended rules have a delayed implementation date and will become effective March 2, 2021, one year after adoption, to allow sufficient time for municipalities to conform stormwater ordinances and to allow a phase in period for pending projects. Projects in the pipeline already designed in accordance with the existing rules should be in a position to avoid having to redesign, but will need to take diligent action to obtain approval or submit applications and be declared administratively and technically complete prior to the March 2, 2021 effective date. For those in the early planning stage of development, critical decisions will need to be made whether to design in accordance with the amended green infrastructure provisions. If an approval is being sought for a project with a stormwater management system that does not incorporate green infrastructure, immediate action should be taken to ensure sufficient time to obtain a completeness

This matter involved DEP’s grant of an Amelioration Authorization for impacts to freshwater wetlands to avoid a taking claim. Salas’ property was almost entirely constrained by wetlands and buffers and DEP denied Salas’ wetland permit application. The Freshwater Wetlands Protection Act (“FWPA”) gives DEP authority to reconsider its denial of an application and grant an amelioration authorization to avoid a taking. In this case, Salas modified its project to reduce and minimize impacts to wetlands, and DEP agreed to issue an amelioration authorization. A series of legal challenges ensued by third party objectors who sought to stop the development by intervening an inverse condemnation action brought by Salas and by filing a declaratory judgment action challenging DEP’s reconsideration of the denial. Plaintiffs argued among other things that Salas and DEP had not established the basis for a taking claim and, thus, it was inappropriate for DEP to reconsider denial of the wetland permit. They sought to enjoin the reconsideration process and challenged DEP’s decision to grant approval. The Appellate Division upheld the trial judge’s dismissal of the plaintiffs’ claims. The trial court lacked jurisdiction through a declaratory judgment action to review the DEP’s decision to reconsider its permit denial. The Declaratory Judgment Act, N.J.S.A. 2A:16-50-62, allows

Steve Dalton

Bulletin Board | 34 | www.shorebuilders.org

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