Bulletin Board Magazine 2022 Volume 2

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

VOLUME 2 | 2022 Bulletin Board The Bui lder Connection

SBACNJ Event Recap

PWB Back In Action

Builder Spotlight

Associate Spotlight

New Member Spotlight

Covering Monmouth, Ocean, Mercer, & Middlesex Counties

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President’s Message

PRESIDENT’S MESSAGE by James Pittenger President - SBACNJ

Bulletin Board | 1 | www.shorebuilders.org information, you can reach out to Grant Lucking, COO of NJBA at 609-570-2157 or email grant@njba.org. These legislative efforts are a major way your membership in our Association helps to protect our industry from over-regulation in New Jersey. This year has been a blur, flying by so quickly, with so much happening both professionally and personally. I hope everyone is enjoying the summer, enjoying plenty of work, and having some fun along the way. Speaking of fun and summer, if you haven’t registered for SBACNJ’s Annual BBQ on the Beach at Martell’s Tiki Bar in Pt. Pleasant there’s still time! This is the biggest networking event of the year and it’s happening on July 21st from 6-9PM. For those who have already registered, I look forward to seeing you on the sand in a couple of weeks. Thank you to our event sponsors, CMM, Inc., Whitestone Associates, Deanna’s Interior Designs, Caliber Home Loans, and Toll Brothers for supporting this member-favorite event. Speaking of the beach there has been a serious legislative threat to our industry recently. The NJ DEP has been threatening our industry with new emergency PACT rules, which could have devastating effects on development in our state. These rules will impact everything from Coastal Flood Hazard, Fluvial Flood Hazard, Wetlands, and Coastal and Stormwater Rules. Fortunately, through NJBA’s lobbying efforts we have been fighting these rule changes and for now, the DEP has delayed the filing of the emergency portion of the PACT rules, which were originally scheduled for last month. If anyone has any questions or would like more

Another free member benefit coming to SBACNJ is our new educational series of interactive workshops. The goal of these interactive workshops is to provide information to benefit members’ daily businesses and provide tools to help our member businesses increase efficiencies. The committee, chaired by Michael Brick (Harbor Properties), is hard at work planning future topics. If there is a topic you feel would be beneficial for us to cover, please contact gina@shorebuilders.org. The first seminar is scheduled for September 27th from 4-6pm at Ferguson Enterprises, Lakewood. Registration information will be sent through MemberLinks, so keep your eye out for the link for the form. The topic is: Succession Planning • 15 min. participant introduction • 45 min. presentation • 45 min. Q & A • 15 min. open networking Our presenters include: • Lynn A. Conover, CPA, CFBA Tax Partner, The Curchin Group https://www.curchin.com/people/lynn-a conover/ Timothy J. Dengler, Shareholder, Giordano, Halleran & Ciesla https://www.ghclaw.com/timothy-j dengler Jeff Savlov, Blum & Savlov, LLP, Family Business and Wealth Consultant https://blumandsavlov.com/about/ • •

James Pittenger President - SBACNJ

Continued ›

C ontents 01 President's Message by James Pittenger 03 Welcome New Members 07 SBACNJ Event Recap VOLUME 2 | 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

13 ProfessionalWomen in Building Back In Action 15 Builder Spotlight - American Properties Realty, Inc. 19 Associate Spotlight - Giordano, Halleran & Ciesla 23 Legal/Legislative Ari G. Burd, Esq. 27 Abnormal Times Call for Normal Habits by Bill McNamara 31 Home Purchase Sentiment Stable But Remains Low by Danielle Hale and Sabrina Speianu, Realtor.com 35 Trends in Homebuilding For 2022

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 stephanie@flairmg.com

by Deanna Lorenti, Owner/Designer, Deanna’s Interior Designs

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

41 New Member Spotlight - LIXIL 45 SBA by Adam McIndoe

CNJ Expanding with Other Trade Schools

Over 75 years of publication to our members


Interested in Joining SBACNJ?

CLICK HERE As a Builder

CLICK HERE As an Associate

CLICK HERE As a Remodeler

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

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

Federated Mutual Insurance Leslie Konsig 23 Mitchell Place Little Silver, NJ 714-829-4618 Henry Company Karen Loiselle 39 Ocean Breeze Court Manahawkin, NJ 856-725-3955 Sponsor: Kristin Marzarella All County Jackson Construction Company Craig Adams 276 Whitesville Road Jackson, NJ 732-367-0169 Sponsor: Tom Bovino Jackson Development Co. John Hill Insurance Agency J. Michael Hill 635 Atlantic City Blvd Bayville, NJ 732-269-0800 Sponsor: Lou Padula Padula Builders Toms River Fire Protection Ray Venturino 1846 Hooper Avenue Toms River, NJ 973-417-6854 Sponsor: Chris Cowan Wiss & Co. ESA Environmental Consultants

GWS Environmental Contractors Eric Davis 105 Fresh Ponds Rd

Green Label Title Springteshya Bieniasz 1512 Highway 138

Jamesburg NJ 732-297-4847 Sponsor: Diane McNulty Withum Lantree Raphael Mandelbaum 101 Chase Avenue, Unit 201 Lakewood, NJ 718-419-4195 Sponsor: Stacey Kavanagh Provident Bank MCQ Sales Peter McQuaid 106 Cray Terrace

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 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

Fanwood, NJ 908-310-6563 Sponsor: Kristin Marzarella All County The KRE Group Jerry Fallon 520 US Highway 22 East PO Box 6872 Bridgewater New Jersey 908-725-8100 Sponsor: Dave Challenger Builders FirstSource Well-Grounded, LLC

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

Joseph Stoeckel 34 Cedar Street Barnegat, NJ 609-384-0497 Sponsor: Lou Padula Padula Builders Cardinal Electric Ben Caturano 23 cottage avenue Milltown, NJ 732-672-0187 Sponsor: James Pittenger Pittenger Builders

Christine Lezette 495 Union Ave. Suite 1D

Middlesex, NJ 732-469-8888 Sponsor: Deb Tantleff Tantum Real Estate

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President’s Message Continued If you haven’t heard, our PWBGS and YPC are making a difference in the communities we serve. I’m really excited about a few things that our Professional Women in Building of the Garden State and Young Professionals have been involved in that I would like to share. On June 9th Collier Youth Services honored our Association and the PWBGS at its Summer Social for the continued support of the young, female residents of the youth group home in

involved in protecting our interests through legal and legislative issues, and had been a tremendous resource for our Association through the pandemic. Congratulations on the Outstanding Achievement Award which was presented to them at the FAME awards in May. We are deeply thankful for all you do for SBACNJ and ask that everyone read the article about the company’s many years of service. There are so many things happening in our Association this summer, so it’s important that all our members are engaged and active. One of the best ways to participate is through committee work (check with gina@ shorebuilders.org for committee assignments) and attending events. Also, make sure you are receiving our weekly MemberLinks email (check with Christine@shorebuilders.org to make sure you’re included) and of course, this publication, Bulletin Board Magazine. I’m looking forward to seeing everyone at Martell’s this month for our BBQ on the Beach and be sure to save the dates for the first interactive workshop on September 27th, as well as Oktoberfest on October 18th. Have a great summer!

Red Bank. During COVID we completed a bathroom renovation that has made a significant positive impact on the girls’ daily lives, which is a luxury many of them have never experienced in their lives. In addition, the PWBGS’s has continued their outreach and mentoring with fireside chats and donation drives for holiday gifts and anything else the residents have needed over the past several years. I would like to also thank the SBACNJ membership for their generosity in always being there to support the PWBGS in these efforts. You can read more about PWBGS’s dedication to Collier Youth Services in this article. Our Young Professionals Committee has been busy with their outreach to local youth and schools, with their mission to educate students on career opportunities in construction. Last month, our members presented several scholarships to graduating OCTVS students, and over the past several months attended many local career fairs. I am so proud of all our young professionals who are actively working on the VOTEC outreach, which is so important, particularly now with such a need for skilled tradespeople in our industry. You can read more about these efforts in Adam McIndoe’s YPC article. One other mention I would like to make in this President’s Message is Giordano, Halleran & Ciesla, who are a long-time SBACNJ Platinum Sponsor, have been integral to our operations as an Association, are highly

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As a full service law rm, we are well equipped to help you address all aspects of the land development process from contract negotiations through construction, work with you post-development in connection with product sales/leasing, community transition, and construction related issues, and serve your other legal needs.

You need attorneys with in-depth knowledge of the building industry’s complex issues and challenges.

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.

To nd out more about our Environmental, Real Estate, Land Use, Redevelopment and Planned Real Estate Development practices, please contact:

Michael J. Gross John A. Giunco Michael A. Bruno J. Scott Anderson Marc D. Policastro

Catherine J. Bick Steven M. Dalton Timothy J. DeHaut A yfa H. Ellington Adam Garcia Steven S. Goldenberg Christopher Healy Jennivere Kenlon Dawn Kurc Justin McCarthy David J. Miller Laurence I. Rothstein John A. Sarto Paul H. Schneider Brian J. Shemesh Donna A. Sisco Michael J. Vitiello Evan P. Zimmerman Steven P. Gouin Todd D. Greene

(732) 741-3900 info@ghclaw.com www.njenvironmentlaw.com www.ghclaw.com

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SBACNJ'SAssociate Sponsor/Builder Only Event


It was a beautiful evening for those who attended the Associate Sponsor/Builder Only event at the Toms River Yacht Club last week. This event is a highlight for all SBACNJ sponsors to mix and mingle with our builder members. It was a great turnout and special thanks to NJBA President, Tom Bovino, for giving an NJBA update. Thank you to all who attended.

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Toms River South Steam Event


Toms River East High School STEAM Students Meet with Engineers Some of our members spoke with the Toms River High School East STEAM students onThursday, May 5th. There were 65-70 students present. There were some great questions from the students. The team of engineers all thought the event went well too! We would like to thanks all of our SBACNJ Members who participated.

Kyle Kopacz - Whitestone Associates Michael Corsi - Earle Dave Eareckson - Matrix New World Engineering Douglas Grysko- Dynamic Engineering

Young Professionals Happy Hour


Young Professionals Make Happy Hour Great Again! Thank you to all the Young Professionals (and Rusty Guns) who attended the YP Happy Hour on 5/12/22 at R Bar in Asbury Park. Great venue, great company!

Continued ›

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Event Recap Continued

Young Professionals OCTVS Careers Event - Jersey Shore Blue Claws Stadium



Thank you to our Shore Builders Association of Central New Jersey, Inc. members who exhibited at the OCVTS career expo on May 13th! This event took place at the Jersey Shore Blue Claws Stadium and was well attended. OCVTS bussed over 300 of their current trade students to the stadium to meet and speak with individual business owners. The students approaching graduation were dressed professionally and brought resumes with them. Our members took many applications for employment during this event. Well done everyone!

Michael J Wright Construction & Capoano Framing Contractors Inc American Properties Realty, Inc. | All County Exteriors Esposito Construction | Earle

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FAME CELEBRATES THE BEST & BRIGHTEST IN SALES & MARKETING It was an amazing evening of celebrating our industry's successful sales & marketing projects last Thursday at South Gate Manor in Freehold. We would like to congratulate all the winners of last week's FAME Awards, including Giordano, Halleran, & Ciesla, P.C. on the Outstanding Achievement Award. Thank you to all who attended and thank you again to our event sponsors who make this magical night a reality.

Continued ›

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Event Recap Continued





GRAND AWARD SPONSOR Esposito Construction

SIGN SPONSOR Flair Marketing Group

LANYARD SPONSOR Caliber Home Loans

PHOTOGRAPHY SPONSOR Trinity Dominion EVENT SPONSORS CB New Homes | Crown Homes LocaliQ | Realtor.com | Pulte

SIGNATURE DRINK SPONSOR Sharbell Development Corporation WINNER'S BOOK SPONSOR Design 446

Golf Outing



First Place Mixed Foursome Rob Miscia, Chris Amato, Kristin Marzarella & Rob Blake

The weather was perfect for the SBACNJ Annual Golf Outing! The event took place on Monday, June 20th at the Jumping Brook Country Club. We would like to congratulate the following winners:

Thank you to all our sponsors for a great day! Here is the list of sponsors: 2-10 Home Buyers Warranty All County

2nd Place Foursome LIXIL - Nick Nicolosi, Peter Ciambrone, Joe Saverino & Guest 1st Place Foursome Giordano, Halleran & Ciesla - Steve Ward, John Sarto, Evan Zimmerman & Guest

Longest Drive Roger Huff – 308 yards Closest to the Pin Dennis Parker – 19 inches

Amboy Platinum Avalon Flooring Azek Beacon

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C&L Services Caliber Home Loans CertainTeed CMM Inc.

James Hardie John Vincenti Jumping Brook Kaplan Companies Kohler Maloney & Curcio Marvin Windows

Pittenger Builders Prime Management Provident Bank Pure Soil Realtor.com SJ Promotions Storm Master The Parker Agency Tile It Toll Bothers Whitestone Associates Wiss Woodhaven Lumber

Crown Homes Dakan Homes

Dupont/Tyvek Parksite Esposito Construction Ferguson Enterprises FWH Associates Giordano , Halleran, & Ciesla Harbor Properties Hoagland, Longo, Moran, Dunst & Doukas Home Depot Jackson Development

Matrix New World Engineering McCue Captain's Agency a World Company MCQ Sales Netwave Interactive Marketing NJ Natural Gas Norandex Paul Amato PC Collins Company

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PWB Back in Action

ProfessionalWomen in Building BACK INACTION

T he Professional Women in Building of the Garden State held their first in-person meeting of the year on May 3rd at the SBACNJ Office. It was an informal, meet and greet with plenty of snacks and wine, giving members an opportunity to catch up and network with other members. The council discussed current business, fundraising and donation drive efforts, as well as future events and educational opportunities for members. SBACNJ and the PWBGS were humbled to be honored at a beautiful event on Thursday, June 9th by Collier Youth Services for our long-time dedication and support of the organization and the Youth Group Home in Red Bank. Over the years, we have provided mentoring for the residents, as well as donating time, labor, and materials to renovate the group home’s bathroom. The true honor is the knowledge that youngsters, and especially young women, who would otherwise not have the opportunity, are thriving and have promising futures. We thank our members and sponsors who helped us achieve this honor.

The PWBGS is currently planning future mentoring dates for the residents of the youth group home, as well as a variety of programs and events to provide members an opportunity for business development, education, and community service.

If you are interested in more information, or joining our PWBGS, please call Christine at the office or email christine@shorebuilders.org.

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Everything You Can Imagine.

Michael R. Grace | MGrace@Westlake.com | 856.777.4432

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Builder Spotlight


American Properties has been delivering award-winning homes and communities for over 50 years In a world that’s constantly changing, it’s important to have someone in your corner who always has your best interests at heart. For over 50 years, American Properties Realty, Inc. and its affiliated companies have been putting homebuyers first with an unprecedented degree of integrity, innovation, enthusiasm, and knowledge. Headquartered in Iselin, New Jersey, American Properties has 49 employees, is privately held and was founded by Allen Weingarten who is still active with the company today. American Properties, led by Randy J. Csik, is a diversified real estate company whose core business is the development of residential communities in New Jersey. The management team oversees land development, architecture, financing,

Bulletin Board | 15 | www.shorebuilders.org are receiving the best customer experience available today. American Properties promises to go above and beyond to provide the highest approvals, construction, sales, marketing and warranties. With over 50 years of industry experience, American Properties successfully navigates the state’s challenging building landscape. Finding the perfect home is an experience that will be remembered forever, and American Properties takes great pride in providing homes that generations can enjoy. With over 12,000 residences and counting, American Properties has offered award-winning communities that provide excellent quality, convenient locations and affordable pricing for New Jersey homebuyers. With the addition of virtual tours, as well as video chats and online appointment scheduling, customers can be assured that they

quality service from the first meet and greet all the way to construction, closing day and beyond. At the end of the day, American Properties is most passionate about creating an experience that will be remembered forever. From luxurious estate homes and master planned communities of apartments, condominiums, townhomes, and single family homes to mixed use developments and redevelopment projects, American Properties is known for its outstanding architecture, quality craftmanship and attention to every detail. Many of these communities have received the distinguished “Community of the Year” award from the New Jersey Builders Association and the Shore Builders Association of Central New Jersey. Most recently, American Properties garnered this exceptional award for Heritage at Middletown. This community offers 140

American Properties proudly supports the communities it serves through various charitable and philanthropic organizations. These organizations include: Spectrum for Living, a non-profit dedicated to assisting developmentally challenged adults in Central and Northern New Jersey, and Fulfill of Monmouth and Ocean Counties, a food bank that alleviates hunger and builds food security for people in need. In all its endeavors, American Properties exceeds expectations to deliver quality homes and nurture relationships that leave a positive impact on the community. After all, quality homes plus happy homeowners equal lasting memories – and that is the American Properties promise. To learn more, please visit https:// americanproperties.net/ or watch our video at https://youtu.be/OOwb eAuEbw.

townhomes and 36 affordable condos that opened for sale pre-construction in September 2020. American Properties expects a full close out by this November. The project overcame challenges such as a major reconfiguration of an intersection along State Highway Route 35, in addition to building and selling through a pandemic, supply chain and labor shortages and an unprecedented sales pace. These challenges ultimately resulted in an elevated customer experience. American Properties’ next community will be Traditions at Wall, which is expected to open this Fall. The community will highlight 128 two-story townhomes and 34 affordable rentals. Nestled at the crossroads of Routes 34 and 33 in Wall Township, Traditions at Wall is expected to hold its first closing in Quarter 1 of 2023. Just minutes from all major

highways and the Garden State Parkway, the community is less than 15 minutes to New Jersey beaches. Recreational opportunities abound with Allaire State Park, Shark River Park and the Manasquan Reservoir nearby. Traditions at Wall will feature 3-bedroom, 2.5 bath townhomes with a 1-car garage and up to 1,847 sq. ft. of living space. Featuring an open space concept, Traditions at Wall offers the convenience of an onsite children’s play area, community seating areas and a garden walk. These fee-simple townhomes will also highlight low maintenance fees and maintenance-free private yards in a professionally managed community. Growing families will be excited to know that Traditions at Wall is located in the highly ranked Wall Township School District – rated #3 in Monmouth County by Niche.com.

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Associate Spotlight


Giordano, Halleran & Ciesla has represented building-industry clients in every county in New Jersey—and there’s good reason for it. Our multidisciplinary practice—real estate, land use and environmental—handles every phase of a project, from inception through acquisition, construction and occupancy. Woven into the mix is representation on related redevelopment, construction, energy and sophisticated financing matters. Clients also count on us for our deep experience in multiple areas outside of development, such as employment, corporate, banking and tax appeal issues. Our clients, national and public homebuilders as well as regional and local developers, are involved in a wide range of projects:

commercial, industrial, mixed-use and residential.

Association of Central N.J. Inc. and active in many organizations, such as NAIOP. “We stand out for our highly skilled team that provides sophisticated legal advice in so many related and complex practice areas. We handle and excel at it all. There is no need to go elsewhere,” said Michael J. Gross, the firm’s co-managing partner and chair of its Environmental Law Practice Area.

No new kid on the block, we’ve been providing creative and fresh solutions for 63 years for some of the most significant, even iconic, developments in the state. In addition, we counsel for clients in New York and Pennsylvania. We’re also proud of the diligent eye we keep on emerging regulatory issues—such as those focused on climate change—and of our ability to use our relationships to bring clients together for meaningful and lucrative partnerships. Our commitment to the building industry goes back for decades. We are environmental counsel to the New Jersey Builders Association, general counsel to the Shore Builders

That’s what 63 years in the business means.

For more information, please visit our website, www.ghclaw.com, or contact Mike Gross at mgross@ ghclaw.com or 732.741.3900.

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Giordano, Halleran, & Ciesla is the proud recipient of the Sales, Marketing, and PR Committee’s Outstanding Achievement Award presented during the FAME Awards this past May. Congratulations to Giordano, Halleran, & Ciesla on this honor, as they join the list of previous Outstanding Achievement Award recipients.

Outstanding Achievement Award Recipients

2022 – Giordano, Halleran & Ciesla 2021 – Netwave Interactive Marketing 2020 – All County 2018 - Stephanie Shaffery 2017 – Giovanna Pergola 2016 – Young Professionals Committee 2015 – Marge Karahuta 2014 – Suzzane Kronenfeld 2013 – Kevin Donovan

2012 – C&L Sweeping Services 2011 – Asbury Park Press 2010 – FWH Associates 2009 – Ferguson 2008 – The Star Ledger

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SBACNJ 75th Anniversary Contined Construction to Permanent Loan


At OceanFirst Bank, we know that convenience is important to our customers. That’s why we offer an array of residential mortgage options designed with just that in mind. If you’re building a new home, your construction and permanent loan can be combined with just one closing, saving you time for more important things – like deciding on paint colors and carpet for your dream home. Come in and talk with a Residential Loan Officer today! Features & Benefits • Final rate set at time of construction closing* • Prompt, local decision making • Easy application process • Seller may contribute 6% towards closing costs • 1 st draw up to 75% of land value • One closing

For All Your Mortgage Needs, Contact Us Today! 1.888.OCEAN33 | www.oceanfirst.com/MeetTheTeam

*Primary and secondary home rates are set at time of closing. Offer of credit is subject to credit approval.

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Legal/Legislative by Ari G. Burd, Esq.

Ari G. Burd, Esq. is Co-Chair of the Labor and Employment Law Department at the law firm Giordano, Halleran & Ciesla where he specializes in representing businesses in employment related matter.

MARIJUANA INTHE NEW JERSEY WORKPLACE Let’s be blunt, since April of 2022, the recreational sale of marijuana has been legal in NJ. The recreational use of marijuana has been legal for even longer. That said, the question all employers continue to grapple with is, “how much will this affect my business?” The good news is, for most employers, it simply won’t be much of a change. Since 2009, New Jersey has allowed for the use of marijuana to treat certain medical conditions. However, the law specifically stated that employers were under no duty to “accommodate the medical use of marijuana in any workplace.” Despite this fact, in the years that followed, the courts held that New Jersey’s Law Against Discrimination required employers to accommodate the use of medically prescribed marijuana. The legislature then amended the law noting that is illegal “to take any adverse employment action against an employee” as a result of them receiving medical marijuana and to provide the employee time to provide a medical explanation for a positive result on a drug test. Employees, however, could still not appear for work intoxicated, impaired and unable to perform their duties. So even before recreational marijuana was legal, employers already had a duty to accommodate the use of medical marijuana, to a point. Even with the introduction of recreational use, only a few additional changes have resulted. Here are some of the most important rules:

Employees Can’t Be Intoxicated/ Under the Influence in the Workplace. This remains unchanged. Alcohol has been legal in this country since the repeal of prohibition. Nevertheless, employers have always had the right to take adverse action against any employee who appeared under the influence of alcohol in the workplace. The same will apply with marijuana…with the obvious quirk that unlike alcohol, there is no simple test to determine if someone is under the influence of marijuana. Tests for marijuana cannot determine if someone is presently under the influence. In fact, these tests can detect marijuana in a person’s system for days or even weeks after use. New Jersey’s marijuana laws do reference the use of a Certified Workplace Impairment Recognition Expert (WIRE) to determine whether an employee is impaired in the workplace. However, to date, no standards for these experts have been created and until the standards are issued, their use is not required. So for now, if you suspect an employee is under the influence in the workplace, you should remove the employee from the workplace, require them to undergo a drug test and carefully document what about the employee’s conduct or appearance led to the belief they were under the influence. Employers are strongly encouraged to reach out to counsel when these issues arise.

Ari G. Burd, Esq.

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You Can’t Take Adverse Employment Action Against An Employee Merely Because They Test Positive for Marijuana. Given that marijuana is now legal for individuals 21 or over in New Jersey, the legislature has made it illegal to either refuse employment or to take any action against an employee merely because they test positive for cannabinoid metabolites (marijuana). This does not mean that you must remove marijuana from your drug screen, though it is certainly recommended. Marijuana Remains Illegal Pursuant to Federal Law. Despite New Jersey’s legalization of recreational use, the Federal government still deems it to be illegal. As a result, those employers doing business with the Federal government or who operate vehicles that may drive outside of the state are likely subject to a different set of rules. You should contact legal counsel to determine what policies are required in this situation. There Remains a Duty to Medically Accommodate Marijuana Use. As was the case before recreational marijuana was legalized, those individuals who receive marijuana as a result of a medical prescription must be reasonably accommodated. Employers are encouraged to speak with legal counsel to discuss these accommodations. That said, this accommodation requirement is not without limits. A medical marijuana prescription

(much like a prescription for an opiate/ painkiller) is not and never has been a license to appear at work impaired and unable to safely

perform the duties of the job. Have a Policy In Place.

It is strongly recommended that all employers have an employee handbook with policies in place regarding marijuana, alcohol and other substances. This is more important than ever given that New Jersey still has not issued WIRE related regulations. Policies not only put your employees on notice of the rules but provide supervisors quick access to rules they can review and rely on when these issues arise.

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Construction & Permanent Loans


$36,500,000 185 A pArtments

Little Falls, Passaic County Construction/Permanent

For over 130 years, Amboy Bank has been financing NJ’s building and housing needs. We provide commercial, construction and permanent loans with flexible terms and, of course, quick local decisions. Bob Beni Senior Vice President, Senior Commercial Real Estate Officer 732.591.8700 x5732

$16,500,000 60 A pArtments /r etAil Newark, Essex County Construction/Permanent

$9,000,000 34 A pArtments Belmar, Monmouth County Permanent

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Our team of seasoned professionals offers a “one stop shop” of expertise allowing you more time to do what you do best—build. LET’S GET STARTED.

/ Civil Engineers / Land Surveyors

/ Planners / Architects

/ Landscape Architects / Reserve Specialists


FWHassociates.com 1856 Route 9 | Toms River, NJ 08755 | 732.797.3100 100 N Krome Ave. | Florida City, FL 33034 | 305.307.5343

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ABNORMALTIMES Call for Normal Habits by Bill McNamara

Bill McNamara

H ere we are in the middle of 2022 and our businesses have fended off some serious disruptions in the past 24 months. Business owners have battled through COVID-19, supply chain interruptions, inflation, fuel increases and rising interest rates. Many of these disruptions will linger a little bit longer unfortunately. But if we want to survive, we must keep going back to the core focus of our business operations. These check ups are what made your company strong enough to fight off this onslaught, so take a deep breath and repeat these best practices. A healthy company starts with liquidity, we should have sufficient cash flow to meet the demands of our business cycle. The oldest axiom in business is “Cash is King”. The first step in building cash flow is the collection of our trade receivables. Let’s make sure our receivables are current and our turnover is healthy. Review collection policies and make sure we are adhering to those principles. Any open receivable that is identified as lagging, slow or frightfully old should be immediately identified for action. Those actions would include the re-evaluation of credit terms, based on the fact and circumstances known. Communication of aging receivables is important, so don’t be afraid to make calls or mail out some gentle reminders to spur collection efforts.

Bulletin Board | 27 | www.shorebuilders.org trade payables or maybe long-term notes used to acquire an asset like equipment. But there they sit, and we cannot ignore them, no matter how hard we try. We must attack with an aggressive plan to meet their terms as quickly as we can without interrupting our own cash flow model. Sometimes that model is supported by working lines of credit (LOC), which brings an even greater significance as to how they are handled. We should work with our trade partners and identify opportunities Job close outs are extremely important as well for collections. Sometimes small open items are allowing our customers to leverage against the timely payment of a significantly large invoice. In my own practice it drives me nuts. We work schedule every two weeks (which is sometimes too big of a gap), and I harp on closing out engagements relentlessly. I know the longer the project is open the less profitable the firm will be. Gathering the list of open items and addressing them sooner rather than later is a must. I often push back the start of new projects, so my team is focused on closing out the older ones. I don’t want to become a juggler with too many balls in the air. One is going to hit the floor and it will take even more time to fix the issue, time is something we can never recover. Across the aisle from our cash and receivables sits our debt. Sometimes its in the form of

to discount the amount due or extend the time for payment to better align with the collection of our own job’s completeness. LOCs are a significant tool available to assist in cash flow needs. Reviewing the criteria and conditions of the LOC agreement are a significant responsibility. Your primary accountant/controller should mark this as a high priority item and plan for discussions with your lending institution well before we reach the renewal date. Mid year, a test of any required debt covenants should be calculated to be sure that we are on course to meet them, and the line is being utilized as intended. An LOC that shows several significant borrowings and repayments is viewed much more favorably than a single draw request not matched by any re-payment schedule. Once both sides of our books have been evaluated, we can start to measure the results. Has the company’s working capital structure improved since year end? Have we made measurable progress on company wide financial goals? Are we holding performers to the standards we have previously outlined? Can we identify cost savings to improve our performance against future budgeted results? What adjustments for the second half of the year need to be considered?

What new opportunities have arisen and how are we planning on capturing them? We identify goals at the start of the year and should not wait for the year to expire without checking in on their progress. Being constructively critical of our own results improves the chances of success. Labor shortages and out of stock materials currently frustrate the contractor the most. There are no easy or cheap answers for either problem. When you have identified good employees make sure they know it. Do what you can to reward them and not just annually. Pay attention to your employee morale, your workplace culture has a big impact on employee satisfaction. While money is a driver, the average employee considers changing jobs when they first begin to dread coming to work. That’s even true for a remote employee’s feelings. Train, cross train, and challenge, three principles which will keep those employees with skills satisfied. Investing back into an employee provides a tangible mark of value and belief in them. Cross training allows them to become more diverse and ignites a sense of ownership in what they are held responsible for. Challenging an employee to rise to a goal or develop a new course of action gets critical buy in. They want the company to succeed because of their developed sense of investment. The supply chain issues are demonstrating cycler tendencies and when one is corrected another raw material becomes scarce. The need to be sure we have future pricing in check is to be sure we are adding cost escalation clauses to our contracts. Surcharges are becoming more common place in this economy and should be a significant discussion point in any negotiations of the job bid. Speak with your own estimators and make sure they have current pricing and information. Review these critical calculations before submission, there should be at least two sets of eyes on all these inputs.

Capital acquisitions are also a critical piece for year-end planning. They are a component of growth, tax planning, and in many cases a cost reducer. The benefit of having the right tool for the job is efficiency. We operate more efficiently when equipment repairs are not impacting the project timeline. We operate more efficiently when normal tasks are completed on time and resources are not diverted from other directions. It allows us to deploy both human and equipment resources with confidence and execute at the most beneficial capability. Evaluating our equipment needs is an on-going task but should be coordinated with year end tax planning. The tax code still allows the accelerated depreciation of equipment placed in service which provides a great first year return on the investment. A traditional C-Corporation saves 21% off the original cost of the asset when calculating the after-tax purchase cost of just one new asset. Think of that discount when shopping and investing back into your business. We do all these great things and then the bill comes! Yes, the tax man needs to be paid. But does it have to sting? No, if as part of your review and planning you considering techniques that allow deferral of income to later periods or accelerate expenses into the current tax period. We discussed accelerated depreciation benefits, but we can also highlight items like profit sharing contributions, R&D tax credits and 179D deductions.

All are tools available to defer taxes due into future tax periods. At the start of the year, many tax professionals were concerned about tax law changes and their impacts. World developments have shifted focus by leadership of our government, but undoubtable return their attention at some point to the topic. For now, we have these favorable tax treatment items at our side. Tax reform as its touted, may not appear in the headlines until after mid term elections or maybe starting Quarter One of 2023. We can end the year confidently using the rules and strategies we followed in 2020 and 2021. We should have a blueprint from those periods that can be dusted off, updated, and built upon. The world has proven to be not just complicated but rapidly changing and challenging. By stepping back and measuring the basics we can stay business healthy. Its important to be prepared and flexible to change and adapt. It’s also important to stay fresh with your trusted advisors, bankers, lawyers, insurance agents, and accountants. If they have not already scheduled with you, schedule them to visit today.

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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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Market Update

Home Purchase Sentiment Stable BUT REMAINS LOW Danielle Hale and Sabrina Speianu, Realtor.com

C onsumer sentiment toward housing remained relatively stable in May, but is near lows not seen since the start of the COVID 19 pandemic, as measured by the Fannie Mae Home Purchase Sentiment Index (HPSI). The index dropped 0.3 points to 68.2 and is 11.8 points lower than the same time last year. Previously, consumer sentiment toward housing hit a low of 63.0 in April 2020 as uncertainty about what the pandemic would mean for housing markets and the economy weighed on the outlook. More recently, buyer confidence has been impacted by rising home prices, increasing interest rates, and inflation. While both seller confidence and the inventory of homes for sale have improved, the number of homes for sale still remains 48.5% below early pandemic levels in May 2020.

Homebuying Sentiment Continues to Decline The share of survey respondents saying it is a bad time to buy outnumbered those saying it is a good time to buy almost five-to-one, leading to the largest net bad time to buy response recorded since 2010 (-62%). Homebuyers have been facing a large run-up in home prices, interest rates, and inflation, as well as limited inventory of homes for sale, for several months now. While recent Realtor.com housing data shows that the number of homes actively for sale has finally increased compared to last year (+8.0% year-over-year in May–the first such increase in 3 years) , an increase in inventory won’t immediately boost homebuyer confidence as overall levels still remain low and affordability challenges persist. However, the increase in inventory may ultimately help moderate the double-digit home price growth we’ve seen for many months now.

The HPSI survey reveals that the net share of Americans who believe home prices will go up over the next 12 months increased by another 5 percentage points compared to last month. Additionally, the net share of respondents who think mortgage rates will go down within the next 12 months also increased slightly by two percentage points. While declining rates would be good for long-term housing demand, if consumers believe they will go down in the future, they may delay purchases now, further moderating short-term housing demand. That said, while the net share expecting rates to go down increased, the vast majority (70%) still believes rates will go up. This means that mortgage rate expectations are more likely to be a boost to near-term housing demand as opposed to a drag.

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