Bulletin Board Magazine 2022 Volume 1
Bulletin Board Magazine is the official quarterly publication of the Shore Builders Association of Central New Jersey.
VOLUME 1 | 2022 Bulletin Board The Bui lder Connection
NJBA President Address
SBACNJ Recent Events
Covering Monmouth, Ocean, Mercer, & Middlesex Counties
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PRESIDENT’S MESSAGE by James Pittenger President - SBACNJ
proven many times over that individuals in this group are looking for guidance in our increasingly complex industry. Please assist us with an introduction to prospective members in your network. Going hand-in-hand with the membership initiative, I would like to put more effort into getting trades involved so that we can represent the building industry as a whole. We are currently establishing a committee to give our trade members a voice to provide them with the same value of membership that so many of our builder and associate members currently enjoy. This will be a fantastic extension of our trade school outreach and will hopefully lead to enough members to offer jobs to the students as they transition into their careers. As of the writing of this article, we already have three new trade members interesting in serving on this committee as well as a current member. Again, I ask our members to continue referring trade members as we reinspire this pillar of membership. In an effort to bring more awareness to the public and industry professionals, we are trying to organically increase traffic to our website through SEO. One of the ways we will do this is to increase the number of Google reviews for our business listing. We are asking that our members provide a review on Google, which you can do at this link. We will also be promoting the 5 Star reviews from our members on social media, which help us to prove the value of membership using real members’ experiences.
Year after year the Economic Forecast with Dr. Dietz has been one of our most successful and engaging events. During our last board meeting it was suggested by a number of members that more educational events should be offered. We will be seeking other opportunities for similar events. These events may be smaller in scale, such as workshop type settings, but we feel any event that brings value to our members is worth exploring. If you have an idea for an educational program, please contact us with the details for consideration. There are so many aspects to increasing our membership that are tied to the value provided by the Association. I am constantly relying on other members as valuable resources, which would not have been available to me over the years had I not chosen membership in Shore Builders Association of Central New Jersey. I am looking forward to working with all of you to build upon the great work of our previous Presidents, Officers, and Boards of Directors to keep our Association relevant, approachable, and strong. I hope you all found our first in-person event of the year, the Economic Forecast with Dr. Dietz, to be informative and helpful to your business planning for the year. In closing, I would like you to consider registering for our FAME event taking place on May 19th at South Gate Manor in Freehold. This is one of the biggest networking events of the year and I highly recommend attending. I hope to see you all there, as well as our upcoming summer events including the BBQ on the Beach.
James Pittenger President - SBACNJ
“WeWant You in 2022”
First, let me say that it is a true honor to have been installed as President of Shore Builders Association of Central New Jersey. I’m very excited to walk in the shoes of so many other accomplished Association Presidents, including my father, Dwight Pittenger and the many years of service from my late grandfather John D. Pittenger. I am looking forward to working with our Officers and Board of Directors to move our industry forward, as well as serve the membership in all aspects of building in Monmouth, Ocean, Mercer, and Middlesex Counties. One of the main initiatives I would like to work toward will be growing our membership. I believe this will be one of the most important agenda items of my term as President. I will be actively requesting that our members participate in this effort and take action to bring in one new member or an individual/ company who has been a member in the past. I ask that all members stay active and engaged with new members you see throughout the year; it is imperative new members feel welcomed and inspired through early engagement. More specifically, I ask you to refer any companies that have been in business for less than 10 years. Our tremendously successful Young Professionals group has
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C ontents 01 President's Message by James Pittenger 05 Welcome New Members 07 Legal/Legislative by Michael J. Gross, Esq., Steven M. Dalton, Esq. and Linda M. Lee, Esq. 15 New Jersey State Representative Report by Michael Kurpiel 23 NJBA President Address by Tom Bovino 29 SBACNJ Recent Events 33 FAME Awards by Stephanie Shaffery, Flair Marketing Group 37 Associate Spotlight.- About Altherm 43 Linda Bernaski Retrospective by Linda Bernaski, Palatial Homes | SBACNJ Past President 47 Builder Spotlight - Kaplan Companies 49 NAHB Resources VOLUME 1 | 2022
EDITORIAL CONSULTANT Flair Marketing Group - Stephanie Shaffery
DESIGNER Flair Marketing Group
James Pittenger – President
Lou Padula – Vice President
Stan Graser – Vice President of Associates
Chris Cowan – Secretary
Kevin Kernahan – Treasurer
Chris Amato – Immediate Past President
General Council – Mike Gross, Giordano, Halleran & Ciesla, P.C.
For a complete list of Officers, Office Staff, and Board of Directors please visit shorebuilders.org/about.
SBACNJ STAFF Executive Officer – Gina McNamara
Office Manager – Christine Boyle
The Bulletin Board magazine is published quarterly and is distributed to the membership and others.
eMagazine by member company Flair Marketing Group firstname.lastname@example.org
Unless otherwise noted Photography by member company: All is Sharp Photography Howell, New Jersey Photos can be viewed and ordered online at allissharp.com
Over 75 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
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You need attorneys who provide high quality services and exceptional value. You need attorneys who are responsive, listen to you, and are attentive to your business objectives. You need attorneys who routinely work with regulatory agencies and anticipate legislation that could a ect your projects. Giordano, Halleran & Ciesla’s team of highly experienced and regarded attorneys works with you from the ground up to ensure the strong foundation you require for successful, long-term results. environmental ◊ redevelopment ◊ land use ◊ real estate transactions, nancings and leasing ◊ tax exemptions and abatements ◊ a ordable housing planned real estate development creation of condominiums ◊ renewable energy ◊ construction dispute resolution ◊ related matters You need attorneys who go the extra mile.
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WELCOME New Members We would like to take this opportunity to welcome the following new members and thank their sponsor.
Cardinal Electric Ben Caturano 23 cottage avenue
PC Collins Company Patrick Collins 316 Santa Fe Court Hamilton, NJ 08619 551-486-4049 Sponsor: Chris Cowan Wiss & Co. Parker Agency Zuri Malick, Sr. PO Box 218 Manasquan, NJ 08736 (732) 664-1824 Sponsor: Tom Bovino Jackson Development
KAP Management Jeff Patterson
617 Riverside Avenue Toms River, NJ 08757 9084333272 Sponsor: Fred Patterson Robertson Douglas Group LIXIL Joe Saverino 30 Knightsbridge Road, Suite 301 Piscataway, NJ 08854 (640) 204-1615 Sponsor: Stan Graser F.W. Webb
Milltown, NJ 732-672-0187 Sponsor: James Pittenger Pittenger Builders Green Label Title Springteshya Bieniasz 1512 Highway 138 Wall, NJ 07719 (732) 278-4614 Monmouth Millwork Dan Voght 3535 Route 66, Building 4 Neptune, NJ 07753 (732) 774-5441 Sponsor: Tim Whitaker T. Whitaker Painting
SAVE THE DATES! Be sure to save the dates for these important upcoming programs: Click here for Shore Builders Events
FAME AWARDS - THURSDAY, MAY 19, 2022 SOUTH GATE MANOR, FREEHOLD
SBACNJ GOLF OUTING – MONDAY, JUNE 20, 2022 JUMPING BROOK COUNTRY CLUB, NEPTUNE
BBQ ON THE BEACH – THURSDAY, JULY 21, 2022 MARTELL’S TIKI BAR, POINT PLEASANT BEACH
OKTOBERFEST - TUESDAY, OCTOBER 18TH KOHLER SIGNATURE STORE BY GPS
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AdvanTech ® subflooring has provided builders consistent high-quality for 20 years. Engineered to provide a unique combination of advanced moisture protection and industry-leading strength and stiffness 1 , AdvanTech subflooring is FLAT OUT BEST ™ for a quiet, stiff floor. With a 500-Day No-Sanding Guarantee and Lifetime Limited Warranty 2 , AdvanTech subflooring is the panel builders trust to withstand tough jobsite conditions and provide a quiet, even base for years to come. AdvanTech subflooring provides total performance because of its advanced manufacturing: • High-density engineered wood for industry leading strength and stiffness 1 • Advanced resin technology helps fight moisture throughout the panel • Reliable fastener-holding power grips fasteners in place to help reduce squeaks • Patented fastening guide for easy installation • Durable, precise tongue and groove profile for speed and ease on the job • Ranked #1 in quality every year since 2002 3 FACT SHEET: ADVANTECH ® SUBFLOORING
For more information on AdvanTech subflooring, visit AdvanTechPerforms.com.
___ 1 According to Evaluation Service Report published by the International Code Council’s Evaluation Services in ESR-1785 . 2 Limitations and restrictions apply. Visit AdvanTechPerforms.com/ResidentialWarranty for warranty and No-Sanding Guarantee details. 3 Builder magazine annual Brand Use Study, 2002 – 2016, OSB category.
Legal/Legislative by Michael J. Gross, Esq., Steven M. Dalton, Esq. and Linda M. Lee, Esq. Mr. Gross is a Partner & Chair, Mr. Dalton is a Partner, and Ms. Lee is an Associate of Giordano, Halleran & Ciesla, P.C.’s Environmental Practice Group
DEFENDING AGAINST THIRD PARTY APPEALS I/M/O Proposed Construction of Compressor Station Giordano, Halleran, & Ciesla, on behalf of the New Jersey Builders Association (“NJBA”), along with the New Jersey State Chamber of Commerce, New Jersey Utilities Association, Association and the New Jersey Business and Industries Association filed a motion and brief to appear as a friend of the court (amici curiae) in support of Tennessee Gas Pipeline Company, LLC (“TGP”)’s appeal to the New Jersey Supreme Court from orders in the New Jersey appellate court denying the right of TGP to intervene in an appeal of its own permit. This case is of critical importance to all businesses, developers and companies who obtain permits or approvals from State agencies. Here, Appellants Food & Water Watch and New Jersey Highlands (“Appellants”), represented by Eastern Environmental Law Center, challenged the issuance of a permit to TGP by the New Jersey Department of Environmental Protection (“NJDEP”). When the Appellants their notice of appeal, they strategically decided not to list TGP, despite TGP being the permittee of the very permit the Appellants were challenging. Causing additional costs and hurdles, TGP was required to file motions to intervene, which were denied by the Appellate Division. the New Jersey Chapter of NAIOP, the Commercial Real Estate Development
Amici argued that the Appellants should have named TGP in the notice of appeal as an “interested party”). Amici moved to appear and filed a joint brief to insure that in cases where a third-party challenges the issuance of a State agency permit or approval, the notice of appeal names the permittee as a party to that appeal. In the alternative, amici argued that the motions to intervene should have been granted by the Appellate Division. The service of the notice of appeal on the permittee insures fundamental due process is met, as the permittee will be afforded an opportunity to participate in the appeal. Amici sought to protect the NJBA and other members of the business community of New Jersey by urging the Supreme Court to hold that permittees must be named as a party in any appeal challenging that permittee’s permit and/or approval. The matter was heard by the Supreme Court on March 29. SBACNJ general counsel Mike Gross appeared before the Court for oral arguments in support of the motion. TIMLINESS OF APPEAL OF PERMIT CONDITIONS In this case, the Appellate Division in an unpublished decision affirmed the New Jersey Department of Transportation’s (“DOT”) final determination that Maple Shade Equities, LLC’s (“Maple Shade”) appeal of conditions to a major access permit was untimely under the State Highway Access Management Code (“Access Code”). Maple Shade Equities v. NJDOT
Michael J. Gross
Linda M. Lee
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whether the permit condition challenge would have been sustained had the appeal been timely filed, under the circumstances here where the permittee arguably accepted the permit conditions by proceeding with the work in accordance with the conditions in dispute. EMINENT DOMAIN The Appellate Division affirmed in an unpublished decision the trial court’s order granting plaintiff Carteret the right to acquire a portion of defendant The Carteret Warehouse Condominium Association, Inc.’s (“Association”) property through eminent domain. Carteret owned property that it developed into a public park, and it sought to create an auxiliary parking lot for the park on a portion of the Association’s property. Carteret offered $8,100 to acquire a 0.252-acre easement over the Association’s property. The Association rejected the offer. Subsequently, the Borough Council adopted an ordinance authorizing acquisition of the Association’s property through eminent domain. Based on a final survey and an updated appraisal, Carteret served a formal written offer on the Association offering to acquire a 0.218-acre portion of the property for $7,500. The offer letter also advised that Carteret would initiate condemnation proceedings if the Association did not respond within fourteen days. The Association did not respond to Carteret’s offer. Carteret initiated condemnation and the trial court entered judgment in favor of Carteret in a summary manner. On appeal, the Association argued that a plenary hearing was required because there were disputes of fact regarding whether Carteret engaged in bona fide negotiations with the Association before commencing the condemnation action and whether the taking was arbitrary. Carteret v. Carteret Warehouse Condo. Ass’n
Under the Eminent Domain Act of 1971 (“Act”): a condemnor is required to engage in bona fide negotiations with a prospective condemnee; such negotiations must be in writing and the offer must include details such as a description of the property, the interest required, the compensation being offered, and a methodology of calculation of same; and a condemnee must reject or accept the offer within fourteen days of the mailing of the offer. The court determined that Carteret’s offers were in good faith, and it was the Association who rejected them without engaging in bona fide negotiations. The court also found that the Association failed to make out a prima facie case of arbitrariness as the condemned property was an expansion of existing public parking, was a means to access the park, and the Association failed to demonstrate a reasonable alternative to condemnation. Under the Act, municipalities have “wide latitude” to acquire private property by eminent domain for public use, often critical for beneficial redevelopment. Property owners must meet a high threshold of clear and convincing evidence in order to prove that a municipality’s condemnation action is arbitrary and capricious.
Maple Shade purchased commercial property in Maple Shade Township for redevelopment. Maple Shade submitted a major access permit application, and after many months of discussions between the DOT and Maple Shade, the DOT issued the permit with numerous conditions. Notwithstanding its objections, Maple Shade completed its project in accordance with the permit conditions. Maple Shade had 30 days to file an appeal of any “unacceptable” permit conditions. However, Maple Shade filed its appeal nearly four months after the time to appeal had expired and after it had already completed the project in accordance with the conditions. The DOT accordingly denied Maple Shade’s appeal as untimely. On appeal to the Appellate Division, Maple Shade argued that certain permit conditions were not “required” under the Access Code and, therefore, the DOT improperly applied the time restriction for appeals and Maple Shade was entitled to relief under equitable principles. The court rejected Maple Shade’s arguments and affirmed the DOT’s decision. It found that the conditions imposed for Maple Shade’s permit “were consistent with the safety and efficiency concerns embodied in the Access Code.” In addition, the court found that Maple Shade was not entitled to relief from the Access Code’s time constraints as there were no changed circumstances between Maple Shade’s signing of the permit and its filing of the notice of appeal with the DOT which may have otherwise supported the pursuit of equitable relief. The decision stands as a cautionary tale for Property owners and developers to be mindful of any time restrictions applicable to contesting a final agency decision, as an appeal may be denied solely on procedural grounds. The court interestingly did not address the issue of
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NJ State Respresentative Report
NEW JERSEY State Representative Report by Michael Kurpiel, Carter Lumber
Key NAHB Housing Issues 1. Resolving supply chain bottlenecks, higher prices for lumber and other building materials, and rising tariffs on Canadian lumber is NAHB’s top priority. We recently received an important win when the Commerce Department announced it was cutting tariffs by 35%, but the fight is far from over. 2. In a victory for NAHB, OSHA rescinded its vaccine mandate and testing rule for businesses one week after NAHB sent the agency a letter urging it to withdraw the rule. 3. NAHB is supporting efforts of all 50 Republican senators to urge the EPA to halt its “waters of the United States” (WOTUS) rulemaking process while the U.S. Supreme Court considers a case brought by Idaho couple Chantell and Mike Sackett on the Clean Water Act. 4. A robust turnout at the 2022 International Builders’ Show signals the strength of the home building industry. 5. NAHB and Michigan home builders scored an important legal win on Sept. 28 which means that all Paycheck Protection Program loans for members can be forgiven. 6. The Supreme Court struck down the CDC eviction moratorium in late August. What many of you don’t know is that nearly all NAHB members had been exempt from the eviction ban since March 2021. And we continue efforts to ensure that our members have the tools to access any emergency rental assistance funding and assistance that is available.
NAHB Actions on Lumber and the Supply Chain
• With lumber prices experiencing extreme price volatility, NAHB has relentlessly been working on all fronts to ensure the need for a lasting and stable supply of lumber and other building materials for the home building industry at a competitive price is heard. • NAHB’s tireless focus on lumber tariffs recently paid dividends when the Commerce Department announced on Jan. 31 that it will cut tariffs by more than 35% on shipments of Canadian lumber into the U.S. • When tariffs doubled last November, the Wall Street Journal and Washington Post reached out to NAHB on how this would impact housing affordability. Both outlets used our material to run scathing editorials opposing the tariff hike. This helped to lay the groundwork for the tariff reductions announced at the end of January. Policy Front • Since lumber prices began their second surge in late summer 2021, NAHB has been actively engaged with the White House, Commerce Secretary Raimondo and members of Congress to call for the following actions: o Seek immediate remedies to the
lumber and building materials supply chain bottlenecks that will increase production and lower production costs. This includes calling for sawmills to boost output.
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o Increase the domestic supply of timber from public lands in an environmentally responsible manner o Negotiate a new softwood lumber agreement with Canada that will eliminate tariffs. • At the behest of NAHB, 84 members of Congress sent a joint letter to Commerce Secretary Gina Raimondo in late December expressing strong concern that higher lumber tariffs will raise housing costs and the urgent need for the U.S. to resume talks with Canada to negotiate a new softwood lumber trade agreement. • Consulting with NAHB, lawmakers are taking to the House floor to deliver a strong message calling for immediate action to reduce lumber prices and tariffs and to fix broken supply chains to protect housing affordability. Reps. Kevin Hern (R-Okla.) and Norma Torres (D-Calif.). recently spoke out on these issues. • And in an effort spearheaded by NAHB, the Biden administration last summer held its first Housing Supply Chain Summit to investigate issues affecting lumber and building materials shortages and price increases. • Continuing its campaign that began in 2020, NAHB has dominated the news cycle on lumber prices. • Most recently, we have delivered our message that the rising lumber prices since late summer have added more than $18,600 to the price of a new home and that policymakers must act now to fight these affordability headwinds. NAHB Communications and Economics
Bulletin Board | 16 | www.shorebuilders.org administration and continues today. The reasons are numerous – plywood and OSB production are not keeping up with increased home building; ongoing production bottlenecks are limiting • This unprecedented lumber price volatility began in 2020 during the Trump • NAHB CEO Jerry Howard appeared on Fox Business shows Varney & Co. and Cavuto Coast-to-Coast to discuss lumber prices, building material supply chain issues and overall housing affordability concerns. And NAHB Chief Economist Robert Dietz was interviewed by NPR on these same topics. • NAHB’s economics group has been quoted in numerous articles on their lumber data –including how rising lumber prices have added more than $18,600 to the price of a new home – in the Washington Post, MarketWatch, Business Insider, Barron’s and Bloomberg. • Since December 2021, NAHB has been mentioned in over 1,000 news stories on these topics. Going back to August 2020, when we first started tracking these numbers, we have earned $92.5 million in media coverage, with more than 18,200 lumber and supply chain stories featured in national and local news. • What this means is that we effectively got $92.5 million in national publicity for free rather than having to pay for it. • And we continue to engage with top economic policymakers. NAHB’s Economics team has held several meetings with their counterparts at the Commerce Department to make lumber and building material supply chain issues front and center to the administration. We specifically cited the need for lumber mills to increase output to meet demand. Fight Continues Until the Job is Done
output; and massive wildfires in the western U.S. and British Columbia that limited mill production. • Our efforts on this front are showing results. In addition to our win on tariffs, lumber prices and futures prices are beginning to trend downward. • It will not be a quick process and much more remains to be done. We will continue to work tirelessly to keep pressure on policymakers and industry stakeholders to ease production bottlenecks, increase output and protect housing affordability. • Learn more about NAHB’s efforts to address the lumber and building material supply chain crisis by visiting. nahb.org/ lumber. OSHA’s Vaccine Mandate block the Biden administration from enforcing a Covid-19 vaccine or testing mandate for all employers with at least 100 workers. • NAHB strongly supports the efforts of the federal government to get as many Americans vaccinated as possible and has actively encouraged our members to make vaccines available to their workers. • But NAHB believes that using OSHA as the primary mechanism for this effort exceeds its statutory authority as a workplace safety agency – and the Supreme Court agreed. • In light of the Supreme Court ruling, the administration moved to formally withdraw its vaccine and testing mandate effective on Jan. 26. • While the ruling effectively ended the mandate for general business, NAHB urged OSHA to withdraw the rule in a letter dated Jan. 19. • In a victory for NAHB members, the Supreme Court on Jan. 13 voted 6-3 to
Here are just a few highlights:
• NAHB was able to place an op-ed by Chairman Chuck Fowke in the Seattle Times detailing the struggles with lumber and the need to end the tariffs.
SHORE BUILDERS Association of Central NJ, Inc.
Committees are a vital functional of our Association. Make your membership more meaningful by getting involved. Become an active member of a committee! Committees general meet one hour, once a month
❑ ASSOCIATE MEMBERS, MEMBERSHIP SERVICES AND PROGRAMS: This committee works for the betterment and benefit of the SBACNJ membership. This committee is responsible for the BEAM (Builders Employing Associate Members) Award as well as the Associate of the Quarter nominations. This commit tee recruits new members, screens prospective applicants and works to retain current members. ❑ GOLF CLASSIC: This committee meets 6 times per year, beginning in February, to plan the SBACNJ Annual Golf Outing. As a committee member it is important to be available the day of the outing to work as an event volunteer. ❑ LEGAL/LEGISLATIVE & ENVIRONMENTAL: This committee interfaces with local and state municipalities to maintain good relations, provide exchange information flow, and oppose adverse government regulations on the building industry in Monmouth, Ocean, Middlesex and Mercer Counties. The committee considers challenging ordinances, practices, and policies of municipalities which are harmful to SBACNJ members. ❑ SALES & MARKETING: This committee promotes professionalism in sales and marketing and further educates the members on the latest ideas available to Builder and Associate members. This committee also plans the Annual FAME (Fabulous Achievement in Marketing Excellence) Awards Banquet. The committee keeps industry views before the public and creates a better public image of the Association and the role it plays in the community. ❑ YOUNG PROFESSIONALS: This committee promotes participation and increases opportunities for young professionals in the building industry by developing interesting programs that provide a forum for networking, continuing education, professional growth, development of leadership skills and access to a professional community. ❑ PROFESSIONAL WOMEN IN BUILDING COUNCIL: This council is recognized and chartered by NAHB and is dedicated to promoting, enhancing, and supporting home building and women in the home building industry. This council is open to all member companies and their employees. There is a fee of $50 per member to join the council and is open to men as well.
If you are interested in joining one of the committees or being a member of the Professional Women in Building Council, please contact the SBACNJ Office in Lakewood at 732 - 364 - 2828.
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NJ State Report Continued
Strong Turnout at Builders’ Show Signals Strength of Housing Industry • More than 45,000 home building professionals filled the exhibit halls of the Orange County Convention Center in Orlando as NAHB hosted the International Builders’ Show (IBS) Feb. 8-10. • IBS and the Kitchen & Bath Industry Show (KBIS) once again combined for the annual Design & Construction Week (DCW), which drew more than 70,000 attendees. • The attendance at this year’s show exceeded our expectations and reflects the enthusiasm of the home building industry to collaborate and discover the latest products and technology solutions for their customers. • Our top priority remained the safety of attendees and exhibitors throughout the show. We implemented a series of health measures that helped to ensure a safe and productive show. • Exhibit space for IBS totaled 425,000 net square feet, where more than 800 exhibitors displayed the latest in building products and technology. • In all, DCW featured nearly 1,200 exhibitors occupying approximately 725,000 square feet of indoor and outdoor exhibits. • Many exhibitors also noted the strong foot traffic of attendees. • Next year, Design & Construction Week will return to Las Vegas Jan. 31 -Feb. 2, 2023
• NAHB is pleased that OSHA has formally rescinded the rule. NAHB Supports Efforts of GOP Senators onWOTUS • In a move supported by NAHB, all 50 Republican senators have sent a letter to the Environmental Protection Agency urging it to halt its “waters of the United States” (WOTUS) rulemaking process while the Supreme Court considers a case brought by Idaho couple Chantell and Mike Sackett on the Clean Water Act.
the federal definition of WOTUS that existed prior to both the Trump and Obama administration’s WOTUS rules. • While the agencies reiterated their commitment to change the regulatory definition of WOTUS under the Clean Water Act (CWA) announced in June, that effort is expected to take more than a year to complete. • NAHB Senior Officers, members and HBA staff testified at a series of hearings throughout last August and more recently last month to voice their support for retaining the NWPR and thereby avoid having the agencies revert back to asserting federal control over non-navigable and isolated wetlands, ephemeral streams, and roadside drainage ditches. • The regulated community faces significant regulatory uncertainty in light of the agencies’ decision, as sections of the pre- 2015 rules have been found unlawful by the courts, and the guidance documents • NAHB is exploring all options to limit this federal overreach, as well as the challenges this reversion to the old rules will create. We will continue to keep members updated on further developments and provide additional guidance once it becomes available. • Meanwhile, builders who have received, or are in the process of applying for federal wetlands permits or jurisdictional determinations, are encouraged to log onto nahb.org/wotus where they can access NAHB’s guidance to frequently asked questions to help navigate the current landscape. provided by the agencies have been superseded by more current guidance.
• The Sackett case could have major implications for Clean Water Act enforcement.
• The letter states that “proceeding with the rulemaking at this time, despite the pending litigation and potential influential
verdict, will only deepen uncertainty within the regulated community.”
• Like NAHB, the GOP lawmakers are also very critical of the WOTUS rule as it is currently proposed. • “Given the severe financial penalties stakeholders could face for conducting standard agricultural or other land development practices under the proposed rule, family farmers and ranchers are understandably alarmed by the administration’s attempted land grab,” the GOP lawmakers stated.. • The EPA and the U.S. Army Corps of Engineers announced that as of Sept. 3, the agencies have halted implementation of the Navigable Waters Protection Rule (NWPR) and are interpreting WOTUS consistent with the pre-2015 regulatory regime until further notice. • This unilateral decision by the agencies -- without public input -- means that landowners must immediately follow
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NAHB Legal Win Means All PPP Loans for Members Can Be Forgiven • NAHB and Michigan builders last fall scored an important legal victory that will enable all NAHB members who received Paycheck Protection Program (PPP) loans to have their loans forgiven. • The court’s opinion also provides several important procedural wins that will benefit NAHB in a wide range of cases. • At the height of the pandemic-induced economic downturn, Treasury and the Small Business Administration (SBA) imposed rules on the PPP that would exclude certain home building firms from receiving PPP loans or having them forgiven. Those left out in the cold included spec home builders, multifamily property owners and land developers. • NAHB, along with the HBA of Michigan and HBA of Southeastern • Michigan, filed a lawsuit so that all NAHB members could access PPP funds to help keep their business afloat. • On Sept. 28, the U.S. District Court for the Eastern District of Michigan ruled in our favor, stating that the SBA wrongly applied eligibility criteria to the PPP. • The victory ensures that NAHB members who received PPP loans will have their loans forgiven. • The court’s opinion will have a direct and tangible benefit for builders, developers, and property owners who are awaiting loan forgiveness. • The court also ruled against the government’s claim that NAHB lacks “standing” – which means that NAHB has a right to have our case heard in federal court. • This decision effectively establishes favorable case law on procedural issues
access to the Emergency Rental Assistance Program • (ERAP) through their local government and state housing finance agencies. • While a large portion of the $46 billion that Congress appropriated for emergency rental aid has not been disbursed, Treasury has announced new steps to help state and local governments to expedite aid to renters and landlords in need. • However, the Treasury is now required by law to consider reallocating unused funds from ERAP that was passed by Congress in December 2020 to help renters and landlords who were affected by the COVID-19 pandemic. • NAHB continues to advocate for effective solutions to expedite ERAP assistance to renters and housing providers. • We strongly urge the Treasury Department and ERAP grantees to ensure this policy does not further delay ERAP applications in the pipeline and create new confusion about where to apply for ERAP assistance. Tools toWork with Tenants • Meanwhile, NAHB has provided our multifamily members a sample script that landlords can use to contact tenants and walk them through the steps to apply for assistance and/or request permission to apply on their behalf. • The script, and other multifamily COVID resources, can be found on the Multifamily and Affordable Housing Resources for COVID-19 page on nahb.org. • The bottom line is that property owners understand that evictions should only be made as a matter of last recourse and will continue to do everything in their power to help their tenants to access rental assistance and/or to enter into a reasonable payment agreement.
Bulletin Board | 20 | www.shorebuilders.org • Federal funds are available to assist renters. NAHB continues to urge members to seek that the government and others often use to try and keep NAHB and its members out of court. NAHB Members Exempt from CDC Eviction Moratorium Since March 2021 • NAHB also registered another important legal win for the Federation last year when a federal court in the Northern District of Ohio ruled in March that Congress did not provide the Centers for Disease Control and Prevention (CDC) with the authority to issue an eviction moratorium. • NAHB had filed the lawsuit on behalf of our members. The legal victory meant that the CDC eviction moratorium has not applied to all NAHB members since March 2021 – but all other landlords nationwide had to comply with the CDC’s eviction ban until the Supreme Court overturned it on Aug. 26. • These legal victories clearly illustrate the clout of NAHB and the value of membership. Evictions Should be a Last Resort • And while NAHB members are not bound by the eviction moratorium, it doesn’t mean they should or will be engaging in mass evictions. • NAHB’s multifamily members did not engage in mass eviction proceedings in March and today they understand that the eviction process is clearly the last option. Landlords are working diligently with tenants to help them apply for rental assistance and to offer payment plans. • NAHB has actively advocated for emergency rental assistance to help renters and landlords impacted by the COVID-19 pandemic and to protect the viability and stability of the rental housing industry.
COUNT ON OUR CAPITAL. BUILD YOUR BUSINESS.
Walter Sierotko , EVP 732.726.5420
TOTAL TEAM LENDING
C O M M I T M E N T Y O U C A N C O U N T O N. SM
INDUSTRIAL CONSTRUCTION LOAN PISCATAWAY, NJ $18,000,000
OFFICE BRIDGE LOAN RED BANK, NJ $16,500,000
OFFICE/RETAIL CONSTRUCTION PERMANENT LOAN SUMMIT, NJ $8,900,000
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NJBA President Address
NJBA President Address by Tom Bovino
Tom Bovino NJBA President
Dear NJBA Members
membership investment for the up-and-coming leaders in our industry. This refocus will lead to a higher retention rate and, over time will lead to a deep sense of commitment to the association and lasting friendships in the process. Second, we need to work collaboratively with our 4 local associations on exploring ways to improve efficiencies and bring more unity and consistency to our federation. In short, united we stand, divided we fall. We have enough problems from the outside world. Let’s commit ourselves to finding solutions even if it involves compromise and change. Third, we need to create and develop a comprehensive Continuing Education Program in collaboration with our associate members. We have the human capital to accomplish this goal and it will become a valuable tool in membership recruitment and retention. Our associate members will be the educators and it will provide valuable exposure for them to demonstrate their craft to member students. The possibilities can even expand out to high school students, vo-tech students and college students at a discounted rate, possibly even free. This will bring exposure of our federation to the next generation of “Young Guns” and help build loyalty for future membership once they enter our industry.
I’m pleased to address you in my first article as President of NJBA. I’d be remiss if I did not thank the countless members at Shore and NJBA who have worked with me over the years and have provided me with the tools and knowledge I know I will rely on as President. I’d also like to thank NJBA’s Immediate Past President Josh Mann for his work in changing the narrative on housing in Trenton and for leaving the Association in an excellent position to capitalize on the ever-growing demand for housing. In my installation speech at the NJBA Board of Directors Meeting, I laid out 6 goals and priorities for my year as President that I believe will further our members’ commitment to NJBA while introducing new members to our association through an increased focus on unity and return on investment. First, we must focus on the value of membership for young professionals. I believe we are now at an important crossroads in our Association’s existence. Membership numbers are declining, and younger generations think and behave differently than the Baby Boomers who make up a large share of our federation. We Baby Boomers, also affectionately known as “Rusty Guns,” need to acknowledge this, accept this, and collaborate to find solutions. We need to look at our federation more as a business and no longer as just a fraternity. We need to find ways to tangibly demonstrate a return on
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Fourth, some of you may be aware that members of the legislature are now pushing for a mandatory licensing program for Home Improvement Contractors. This may not be an entirely bad thing as there are a lot of bad apples in our industry. If we can find the right balance, it may actually be a good thing. NJBA’s government affairs team has built strong and credible relationships in Trenton. We have already formed a working group to tackle this legislation and we will keep you informed. Fifth, we will keep pushing forward with building inspection and plan review reform. We are making progress and we will finish what Jeff Kolakowski and Corey Wescoe started at NJBA three years ago. The ultimate goal is to one day have a program that mirrors the LSRP program with a labor force that meets the demands of our builder members, thereby
eliminating unnecessary time delays, additional costs and inefficient field disruptions. Sixth, we need to continue developing clear and effective housing policies. As aforementioned, under Josh Mann’s leadership and drive we are now well positioned and we have a unique opportunity wherein policymakers in Trenton are looking to us for ideas to address our state’s affordability crisis. There are a host of different ideas and concepts that we will be taking a look at in more detail and I look forward to working with my fellow officers and NJBA’s policy committees to bring about change to NJ’s housing eco-system. I know this is an ambitious agenda but I have the privilege of working with a talented and dedicated staff at NJBA, Immediate Past President Josh Mann and NJBA Officers Frank Belgiovine, Deb Tantleff, Suzzane Kronenfeld
and John Cioletti. I am also very excited to work closely with the 4 Local Presidents and their executive officers. “Rust Never Sleeps” is my motto for this upcoming year. This is a rather ambiguous phrase but a common interpretation is “ by staying the same, one is vulnerable to the corrosive effects of aging and obsolescence.” More harshly said, if we don’t adapt, we die. My positive and more personal twist is, “old people require less sleep, so let’s get to work and have some fun!”
Thank you and I look forward to the year ahead.
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Young Professional Happy Hour
It was great seeing everyone in early March at the YP Happy Hour!! Join our Young Professionals Committee (you can be a Young Gun OR a Rusty Gun) on Thursday, April 14th for our next Happy Hour from 5:30 to ??? at River Rock in Brick.
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Young Professional Present at the OCVTS Breakfast
On March 15th, Our YP Committee coordinated a breakfast at the OCVTS Brick Campus to discuss current industry employment needs with Gary McDonald, the school's Curriculum Director. Our membership provided input on current industry trends and tips for training to incorporate into the courses future curriculums so the students who graduate possess the skills needed to join or start their own trade business. During the breakfast, attendees were able to visit the classroom, speak with the carpentry instructor and to current students about future job opportunities. If you are interested in contributing by sharing your industry knowledge with tomorrow's trade workforce, please reach out to Adam: firstname.lastname@example.org 732-674-9629
Toms River EastVOTEC Event
On March 22nd members of SBACNJ & Young Professionals provided a VOTEC event to the students at Toms River East High School promoting career opportunities in the building industry.
Gina McNamara | Ben Caturano, Cardinal Electric Kristin Marzarella, All County Exteriors , Kevin Kernahan, American Properties Lou Padula, Padula Builders | Alexa Robbins, Earle | Chris Cowan, Wiss & Company Nicole Wallner, OCVTS Admissions
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Recent Events Continued
XXXX Article by XXXX Dr. Dietz gave us a well-informed and thorough overview of this year’s forecast at our Annual Economic Forecast meeting, which was held on 3-31-22 at the Jumping Brook Country Club in Neptune. Thank you to all who attended and all who brought food pantry donations. Economic Forecast Meeting
Thank you to SJS for being our Breakfast Sponsor!
Click here to view/download the Powerpoint from the meeting
Brick Memorial Career Day
Frank Swol, Adam McIndoe, and Adam Lepore present to students at Brick Memorial High School during Career Day. Not pictured is Adam Lepore who also presented in another group of students during Career Day and we thank him for dedicating his time.
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