2016 Connecting New Jersey Businesses
January $4.00
Pioneering Spheres of Excellence
Kenneth T. Vehrkens retires after 38 years as dean of Fairleigh Dickinson University’s Petrocelli College of Continuing Studies
The Legal Issue: Protect Your Business Small Biz Lending: Local Trends & Outlook Continuing Learning: Higher Education Opportunities Grow
IT’S TIME TO
THINK BIG
Put Valley’s small business loans to work for your business. Running your business is no small task. Your success relies on having the resources you need, when you need them. Valley’s professional small business lending, banking and treasury solutions can help your business thrive. Contact
DANIEL SORRELL 973-872-5813 dsorrell@valleynationalbank.com © 2015 Valley National Bank®. Member FDIC. Equal Opportunity Lender. All Rights Reserved. VCS-7014
EZ Line of Credit | Traditional Line of Credit | Business Term Loans Equipment and Vehicle Purchases | Leasehold Improvements | Commercial Mortgages
Visit valleynationalbank.com or stop in your local branch for more information.
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Project Management Certificate Program! MAKE 2016 THE YEAR TO EARN A NEW CREDENTIAL!
COMPLETE IN 16 WEEKS! Advance your career in this high demand field. Convenient evening program. Preparation for taking the PMP® and CAPM® exams, plus MS Project and Visio. Individual resume coaching, in-depth interviewing preparation, and extensive job skills training included. Attend in Mahwah or Lyndhurst! Ramapo College is a Registered Education Provider for Project Management Certification by PMI.
Sign Up for an Information Session: Lyndhurst Tuesday, January 12, 5-6 pm Tuesday, January 19, 5-6 pm Tuesday, January 26, 5-6 pm Tuesday, February 2, 5-6 pm Tuesday, February 9, 5-6 pm
Mahwah, ASB-527 Wednesday, January 6, 5-6 pm Monday, January 11, 5-6 pm Wednesday, January 20, 5-6 pm Wednesday, January 27, 5-6 pm Wednesday, February 3, 5-6 pm
Attend Project Management classes and information sessions on our Mahwah campus in ASB-527 or at the Meadowlands Environment Center, 2 DeKorte Park Plaza, Lyndhurst, NJ 07071
www.ramapo.edu/cipl/project-mgmt N EW!
PROJECT MANAGEMENT BOOTCAMP An open enrollment class conveniently scheduled. Lyndhurst: Tues., Feb. 16, 23 & March 1, 3:15-6:00 pm Mahwah: Weds., Feb. 17 & 24, 12:30-4:30 pm ASB-527
www.ramapo.edu/cipl/pmbootcamp RECEIVING UNEMPLOYMENT? ASK US HOW YOU MAY QUALIFY TO ATTEND FREE
Center for Innovative and Professional Learning 201.684.7370 • cipl@ramapo.edu • For directions, visit: www.ramapo.edu/cipl
Visit: www.ramapo.edu/certificates
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WE PARTNER WITH DEVELOPERS TO BUILD OPPORTUNITY COLLABORATION THAT PROMOTES YOUR BOTTOM LINE ELEC partners with business and professional organizations to promote projects for developers.
Market support and advocacy
We advocate for policies, legislation and regulations that have helped initiate major bridge-building projects, win approvals for pipeline construction and authorize large-scale urban development programs. We provide professional services that help developers win grassroots support for projects, obtain local approvals and secure permits.
Skills + experience + safety = productivity
ELEC is a labor-management organization built on collaboration between Local 825 Operating Engineers and its union contractors. We continually invest in workforce credentialing and training that ensure greater skills, a superb record of safety and a more profitable bottom line.
Efforts that make a difference
Learn how we can help your business develop! Contact Kate Gibbs at 973-630-1011.
Engineers Labor-Employer Cooperative (ELEC) is a collaborative organization with representatives from: International Union of Operating Engineers Local 825 Associated Construction Contractors of New Jersey Construction Industry Council of Westchester & Hudson Valley Construction Contractors Labor Employers of New Jersey
Building On Common Ground Greg Lalevee, Chairman | Mark Longo, Director WWW.ELEC825.ORG
ELEC is the labor-management fund for IUOE Local 825
contents
Connecting New Jersey Businesses
L EADERSHIP C OUNCIL Allstate BCB Community Bank Bergen Community College Bergen Engineering/Branca Properties Boiling Springs Savings Bank Bruinooge & Associates Comfort Guard Contracting LLC Ernst & Young, LLP Eastwick Colleges Forsgate Industrial Partners FORT Group Goya Foods Hackensack University Medical Center Hartz Mountain Industries J. Fletcher Creamer & Son, Inc. JACOBS Kearny Bank Meadowlink Commuter Services MetroMultiMedia MWW Group NAI James E. Hanson, Inc. New York Jets NJSEA Onyx Equities, LLC Prime MSP PSE&G Russo Development Skanska USA TD Bank United Water NJ Verizon Publisher: Meadowlands Regional Chamber of Commerce, Inc. 201 Route 17 North Rutherford, NJ 07070 201.939.0707 Managing Editor: Joe Garavente Email submissions: jgaravente@meadowlands.org Advertising Director: Martha Morley, Greer Enterprises, Inc. 201.493.7996 Design: Evan Eagleson & Eric Shantzis, Eighty6 Printing: Action Graphics Meadowlands USA Magazine Distribution: MTM Resources Copyright 2016. All rights reserved. Reproduction of any artwork, editorial material or copy prepared by Meadowlands Regional Chamber of Commerce and appearing in this publication is strictly prohibited without written consent of the publisher. Additional magazines and reprints of articles are available. The views expressed in this magazine are those of the authors and do not necessarily represent the views of, and should not be attributed to, the Meadowlands Regional Chamber.
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Meadowlands Business Report Harmon Meadow Retail, Restaurants & Hotels Directory Meadowlands Restaurants & Dining Event Planning & Catering Services Meadowlands Hotels & Accommodations Destination Meadowlands News From the Meadow
DEPARTMENTS
6 8 10 14 18 22 24 32 40 42 44 45 48 49 50 52
Economic Update Business Wise Accounting Lessons in Leadership Tourism & Hospitality Public Affairs Continuing Education & Business Training Legal Real Estate Community Engagement Health & Wellness Small Business Corner Human Resources & Operations International Business Spotlight Chefs of the Meadowlands Tech Talk
FEATURES
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Lending Trends & Outlook: Q&A with leaders from two local lending institutions When Pioneering Spheres of Excellence:Spotlight on Kenneth T. Vehrkens, Dean of the PetroceIli College of Continuing Studies at Fairleigh Dickinson University
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meadowlands.org
JANUARY 2016
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Business Report From the Desk of Rick Dabagian
Chairman of the Board of Directors, Meadowlands Regional Chamber
W
hen I look back on 2015, the Meadowlands Regional Chamber (MRC) continued to lead, inspire and be recognized for its advocacy of the region. If you attended the MRC annual meeting, you heard a brief history lesson about the Meadowlands region. Dutch settlers initially engaged in conservation effort with goals to preserve precious resources. Once preservation became less important, problems began to surface. Today, many of you reading this have become part of the solution by investing in the region. Prudent development is surging and the Meadowlands anticipates becoming a worldwide destination in the near future. Ten years from now, the Meadowlands will look very different. Our brand will become more well-known in regions currently unfamiliar with the Meadowlands. Are we preparing for this day and will we be ready? The MRC will continue to serve you—our customer—by providing the tools necessary to help your organization grow and meet new challenges. Let us know what we can do to help your business assist your customers—and develop new ones. I want to thank many of you for helping shape our successes these past two years. As I finish my two year position as chairman, I am grateful for the many volunteers who help strengthen our Chamber. Please continue providing your contributions of time and talent. It is truly an asset, benefitting members and helping to reach the strategic goals in place. My thanks to our board, operating committee, committee chairs—and you the member. I pay special tribute to our Chamber staff—a staff like no other. Led by Jim Kirkos, we can look upon our successes and always find a staff member there helping us reach our goals. Enjoy this holiday season like you never have before. Stop, pause and be thankful for so much we have. Share it among members and friends. The result will enrich our lives and witness the continued growth of the Meadowlands Regional Chamber. It has been an honor and my pleasure to serve.
Respectfully,
Rick Dabagian To stay informed about more activities from the Meadowlands Regional Chamber please visit www.meadowlands.org.
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JANUARY 2016
Your Source For Commercial Real Estate
Brokerage Services Property Management Tenant Representation Financing Investment Property Valuations Corporate Services Government Services Logistics
Hackensack 201 488 5800 Parsippany 973 463 1011 naihanson.com
Check out our Fall 2015 Meadowlands Market Report at naihanson.com
ECONOMIC UPDATE
ENER-G Rudox Moves To The Meadowlands New East Rutherford headquarters & rapid expansion for energy technology company
E
NER-G Rudox, a leader in CHP production, generator sets, generator rentals and service since 1949, has purchased a new facility in East Rutherford to expand their production capacity and showcase their extensive product line. The facility on East Union Ave. will not only house their new headquarters, but will also contain their manufacturing operations, test bays and extensive rental equipment fleet—as well as provide the facilities for their parts and service departments and equipment remote monitoring operations. The facility is expected to be fully operational by the middle of 2016. In the past three years, ENER-G Rudox, a subsidiary of UK-based market-leading ENER-G Cogen International Ltd (ECI), has increased the size of its workforce by twenty five percent. The new building has consolidated ENER-G Rudox’s office space and will provide additional space for manufacturing low carbon and renewable technologies, combined heat and power systems (CHP, CCHP) and standby generator sets locally in northern New Jersey. Ryan Goodman, President of Cogeneration at ENER-G Rudox states that, “Engineering and manufacturing firms such as ours make a rich contribution to the NJ economy. Continued government support for sustainable energy is critical to building the new low carbon economy in which we operate. We are very pleased to have an opportunity to celebrate our success with the NJ Economic Development Authority and to provide a positive example of what can be achieved when policies exist to drive growth in a sector.” Alan Barlow, CEO of ENER-G Rudox said, “I’m extremely pleased to announce the $8 million expansion for ENER-G Rudox and celebrate the new jobs that will come with the investment. These are still challenging times for the economy but as the recovery continues, ENER-G Rudox is well positioned as a forerunner in the sustainable energy field. The low carbon economy has exhibited notable growth throughout the Northeast and ENER-G
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Breaking ground for their new headquarters on East Union Avenue in East Rutherford are ENER-G Rudox, Inc. executives (from left) David Suarez, Vice President of Finance; Howard Goodman, Executive Vice President; Ryan Goodman, President; Alan Barlow, CEO; Christian Bastardi, Executive Vice President, of Construction Technology Corp.; and Ronald Raymond, ENER-G Rudox Project Manager, for the new facility.
Rudox will continue to support green initiatives and applications, to further boost carbon reductions throughout the region. ENER-G Rudox’s technologies typically provide a 15 to 20 percent reduction in a firm’s carbon footprint and assist customers in attaining carbon abatement designed to meet the stricter national standards now in place.” ECI develops, manufactures, delivers, finances and maintains energy efficient and
JANUARY 2016
renewable energy solutions, generally based around state-of-the-art cogeneration technology. The company has more installed CHP systems across the UK and Western Europe than any other supplier, including installations in hospitals, hotels, leisure centers, government offices, supermarkets, factories and other buildings worldwide. ECI operates more than 1500 CHP sites worldwide, with 500 MWe+ of operational cogeneration systems in 11 countries.
Protecting our environment. Serving our community. Today and tomorrow. We know the two go hand in hand. That’s why everything we do is focused on what you need today while we plan and prepare for what the world might need tomorrow. Clean water. A healthy Earth. For your small corner of the world and for the global community. Every day we’re your vital resource, providing stewardship of our most vital natural resources.
www.UnitedWater.com
BUSINESS WISE
Cash Flow & Compliance
Improve business operations & risk management
A
s a business owner, balancing compliance with increasing regulation and the need to maintain profits/cash flow can be overwhelming. As the year-end approaches, the below items can help improve your business operations and overall risk management. Increasing cash flow Cash flow is the life blood of a business and ensuring that funds are available to pay employees and vendors depends on how quickly you are able to collect receivables. Here are some ways you can help increase cash on hand: • Reduce the number of days outstanding in accounts receivable. Evaluate your customers and offer discounts to those who make payments within 10 days of invoice receipt. Begin accepting credit cards as a form of payment. Doing so will help speed the receipts process. Consider initiating a program with sales personnel that encourages or rewards quick receivable collections. Monitor your slow-paying customers and consider the need for cash on delivery (COD) terms. • Negotiate more favorable payment terms with your vendors. Increasing the number of days your vendors allow credit translates to an interest free loan. Start by contacting your large suppliers to renegotiate the terms you have in place, focusing on increasing the payment terms. Then review all your suppliers and revisit any old agreements that are in place with the same mindset. • Manage your business financing. Be aware of costs associated with term and revolving debt. The rates can be fixed, resulting in higher costs over time. Financing may have been put in place when the business was not performing as well. Revisiting the old terms will help you determine whether or not refinanc-
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ing is beneficial. Business owners need to keep track and maintain compliance with any bank covenants—non-compliance can be costly! Also, know the rewards and perks offered by corporate cards. Contacting your credit card company can yield increased benefits. Tax techniques & compliance There are numerous planning options that are available to help reduce tax liabilities and maintain compliance with all laws. • Prepare tax projections. Your tax professional can look at your business financials (and personal taxes) and prepare projections for what your potential tax liability may be. They will be able to offer solutions to help minimize taxes. • Pay business expenses now. Simple and straightforward, cash-basis businesses can generate current deductions by paying expenses before the end of the year. Also, any significant capital improvements can be made prior to year-end to take advantage of tax laws and regulations. • Always file your business and personal returns—and pay the taxes owed. Pay any tax liability due by the applicable filing deadline to avoid JANUARY 2016
substantial penalties and interest. The most common penalties are for filing your tax return late or paying the taxes you owe late. If businesses do not file their return by the due date, they may be subject to a failure-to-file penalty of five percent of the unpaid tax for each month—or part of a month—that the return is late. A failure-to-pay penalty of 0.5 pecent of any unpaid tax liability for each month (or part of a month) may also be assessed for any unpaid tax liability at the original due date. Business owners should also be aware that although an extension of time to file your tax returns may be granted, there is no extension for the payment of taxes. • Know when to file your returns. For tax year 2015, the current filing deadline for calendar year-end C-Corporations is March 15, 2016, and for calendar year-end S-corporations and Partnerships it is April 15, 2016. Calendar year-end C-Corporations, S-Corporations and Partnerships all currently have an extended filing deadline of September 15, 2016. Individual taxpayers that file a Schedule C to report their business activity would need to file their individual income tax returns by April 15, 2016, or October 15, 2016 if an applicable extension is filed.
• Keep in touch with your trusted advisor. Tax extenders are passed almost annually that affect the way your tax returns are prepared. As a business owner, keep in touch with your tax professional or other trusted advisor to ensure that you and your business are staying compliant—and utilizing all the benefits that are available. Foreign reporting The IRS has significantly increased scrutiny in recent years related to foreign reporting. There are many situations that may create a foreign reporting requirement including: • Direct or indirect ownership in a foreign business • Transfers of property to a foreign corporation or foreign partnership • Holding an interest in foreign investments • Having a foreign bank account In many cases, the foreign reporting requirements are informational in nature and there would be no related tax liability. However, if the business fails to file any required foreign reporting forms by the appropriate due date there may be substantial penalties and interest assessed. For example, a taxpayer who has a foreign bank account may have a reporting obligation even if the account produces no taxable income. If the taxpayer fails to file the required form by the applicable due date, a civil penalty of up to $10,000 per non-willful violation may be assessed, and the penalty for willful violations may be the greater of $100,000 or 50 percent of the balance in the foreign bank account at the time of the violation. Businesses should be conscious of the potential of foreign reporting obligations in order to avoid penalties. You should contact your trusted advisor to ensure that you are compliant in these areas if you are unsure. The Affordable Care Act (ACA) Over five years have passed since the ACA was signed into law, provisions of which have become effective since its inception. This year, there are several new provisions taking effect. These will add yet another layer of compliance for business owners. Key areas to help you determine how the ACA affects your business are: • Small employer vs. large employer. The IRS defines a small employer as having fewer than 50 full-time employ-
ees, and a large employer as having 50 or more employees. • Coverage for small employers.Small employers can purchase affordable insurance through the Small Business Health Options Program. Small employers with fewer than 25 employees may be eligible for a Small Business Health Care Tax Credit to help cover the cost of providing insurance coverage. • New reporting requirements in 2015 for large employers. The IRS has released the final forms that will need to be filed by large employers for 2015, the filing deadline of which will be in early 2016. Specifically, Form 1095-C, Employer-Provided Health Insurance Offer and Coverage, and Form 1095-B, Health Coverage, were both previously voluntary, but are now mandatory for 2015. Payroll taxes for employees & contractors Distinguishing between an employee and contractor will help to properly determine the number of employees you have when dealing with the ACA issues above. Generally, there are payroll tax filings and withholding requirements related to employees, in addition to informational return reporting obligations. There are generally no requirements to withhold or pay any taxes on payments to independent contractors. Employers must provide employees with Form W-2 and provide independent contractors with Form 1099 explaining the compensation paid and withholding amounts for the tax year. There may also be state filing and withholding requirements which add another layer of complexity.
Some factors that may indicate an employee-employer relationship would be if the business owner is furnishing a place to work, providing tools and equipment to perform the work, providing support or services, making training available to provide needed job skills, allowing participation in various workplace fringe benefits and paying for services based on time rather than the task performed. This list is not all-inclusive but gives a good overview of circumstances that might suggest an employer-employee relationship as opposed to an independent contractor. Payroll tax rules can be complicated and penalties for noncompliance can be severe. There are numerous reputable payroll service providers that can help you meet compliance. In the ever-changing business world, the complexity of managing risk becomes an essential part of daily management activities, especially for a small to mid-size business. Unfortunately, as a business owner, you must deal with these aspects in order for the business to grow and prosper. Frederick Bara is a Senior Manager in the New Jersey office of WeiserMazars LLP. He has been with the firm for over nine years and a practicing CPA for almost 15 years. His focus is on helping business owners effectively and efficiently run their businesses. Rachel Efthemes is a tax manager in the New Jersey office of WeiserMazars LLP. She delivers specialized personal income tax planning and consulting services to high net worth individuals. She is also actively involved with staff recruiting and the training and development of tax department personnel.
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ACCOUNTING
Business By The Numbers
How your bookkeeping should manage your business’s success
Y
ou do not keep your books for the IRS or your accountants. You record your transactions because they are the best tool you have to monitor the success of your business. Business owners too often view bookkeeping as a necessary evil. They enter the transactions, do bank reconciliations, print statements and turn them over to their accountant—but many do not analyze the books themselves. Some business owners do look at the numbers, but more often than not they are only focusing on singular lines like sales or profit. Whether or not enough of those increased sales are resulting in a desired level of profit is often under analyzed. Ever watch Shark Tank? What do the sharks tell potential entrepreneurs over and over again? Know your numbers. What are your sales? How do they compare with prior periods? What costs are associated with producing that product or servicing that customer? What are your fixed costs (including monthly general and administrative costs, such as rent, which remain more or less the same each month regardless of the volume of sales)? What is your breakeven point or the level of sales you need to achieve to cover those fixed costs? The answers to these and many other questions should be easily available by looking at your books—but only if you set them up to tell you what you want to know. Too often companies utilize a basic chart of accounts produced by the bookkeeping program. The program likely allows the addition of new accounts or subaccounts, but no effort is made to tailor the chart of accounts to your business’s individual needs. You can never have too many accounts or categories. It’s simple to combine similar or related accounts on the tax return or financial statement, but much more time consuming to break down “catch-all” types of categories into their component parts after the fact, such as miscellaneous, office 10
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analysis. That is why it is so important to identify which costs are variable versus fixed. There may be some mixed categories so where possible, split them up. Separate CGS salaries from G&A salaries, freight/ shipping from postage, etc.
Monitoring expense categories
expenses or product costs.
Even within CGS or G&A, you may want more details to monitor how your money is being spent. Separate marketing postage from other administrative postage— or computer maintenance and repair from computer consumable supplies. Travel and entertainment should always be separately identified, as the IRS treats entertainment very differently than travel. The category of sales might be too broad. Create subcategories of sales by types of products or services—or sales through your website versus direct sales.
Defining expense categories
The GPS of your business
As a general rule of thumb, do not combine cost of goods sold (CGS) expense categories with general and administrative (G&A) expense categories. The CGS expenses are variable in nature, due to the level of sales. Subtracting these costs from sales will give you your gross profit and dividing this gross profit by your sales will give you your gross profit percentage. Examples of CGS would be product costs, sales commissions or professional staff in a service business. G&A expenses, by contrast, are fixed in nature. This would include items like rent, office salaries, insurance, office supplies, telephone, utilities, professional fees, web costs, computer maintenance, etc. Making enough gross profit to cover these costs is what allows you to break even. Making more than these fixed costs is when you start to be profitable. Including fixed costs within CGS will distort your gross profit & gross profit percentage. Including some variable costs within G&A will distort your breakeven
JANUARY 2016
Basically, you need to step back and figure out what details you need to know in order to run your business effectively and then track those details accordingly. Again, the primary reason for your books should be to guide you and monitor when you are heading off-track—so you can quickly make corrections. Think of your books as the GPS of your business. To get to California, you could drive west—and you would eventually get there—but not as effectively and efficiently as you would if you had useda GPS and corrected yourself whenever you got off course. Your records are for you, not just your accountant or the IRS. Alyssa Lebovic, CPA is a partner at Keller & Lebovic, CPA’s in Fair Lawn, New Jersey. The firm specializes inDzHelping You Keep More of What You Makedz by providing profitability consulting, in addition to tax planning and preparation services. Find them at www.kellerandlebovic.com or call (201) 797-1966.
ACCOUNTING
Safe Harbor Limit Increase $2,500 deductions should help small businesses
small businesses, easing the recordkeeping and paperwork burden on small business owners and their tax preparers.”
What does it mean for my business?
Thanks to the increased threshold, small businesses will now be able to deduct many expenses right away, that otherwise would have to be capitalized, and spread over a long period of time via yearly depreciation deductions. The American Institute of Certified Public Accountants (AICPA) is in favor of the increase, and in October of 2014, sent a letter to the IRS in support of raising the threshold to $2500. The increased threshold should save you time and money.
What do I need to do?
O
n November 24, 2015, the IRS gave small businesses something to be thankful for that had nothing to do with turkey or cranberries. In a notice, the agency announced that it was raising the so-called “safe harbor” threshold for deducting certain capital items, currently set at $500, to $2,500. The “de minimis safe harbor election” applies to taxpayers that do not maintain an applicable financial statement (AFS). According to the IRS, this change will simplify the paperwork and recordkeeping requirements for small business and other taxpayers. The safe harbor threshold was introduced in 2013 as part of the IRS’ revised tangible property repair regulations. Under Section 263 of the tax code, the regulations allow qualifying small businesses to choose to deduct the cost of a unit of property instead of capitalizing it and depreciating it over time. A “unit of property” includes leasehold improvements, computers, business machines, phone systems, other equip12
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ment, furniture and fixtures—just about any kind of tangible property that your company purchases or finances and would need to capitalize and that can be substantiated by an invoice. The increased threshold is effective for tax years beginning on or after January 1, 2016.
Why the increase?
The IRS said that the increase was a response to a “call for comments” put out in February, that resulted in “more than 150 letters from businesses and their representatives suggesting an increase in the threshold, noting that the existing threshold was too low to effectively reduce administrative burden on small business.” Commenters also remarked that many commonly expensed items such as tablet-style personal computers, smart phones and equipment parts for repairs “typically surpassed the $500 threshold.” In a statement to the press, IRS Commissioner John Koskinen said, “This important step simplifies taxes for JANUARY 2016
Taxpayers that want to take advantage of the higher threshold must make sure that they meet all the requirements to use the safe harbor before the first day of their 2016 tax year—and that they actually record the $2,500 expenditures as expenses and not as fixed assets on their books and records. Beyond that, taxpayers need to understand that the new rules and regulations pertaining to tangible property can be very complex. Working with a CPA who fully realizes all of the tax-planning opportunities, and potential pitfalls regarding the tangible property regulations, can be crucial to your business’s success under the new regulations.
Steven Blumenthal, CPA is the Principal of MBAF CPA’s LLC, located on 440 Park Avenue South, New York, NY 10016. He can be reached by telephone at (212) 931-9254 or email at sblumenthal@mbafcpa.com.
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LESSONS IN LEADERSHIP
Dealing With “No”
How to accept rejection & pushback
O
ne major challenge many leaders face is handling rejection or how to react when given an answer they were not expecting. For great leaders, it is not what happens to you but how you react to it that matters. This could not be truer than when, as a leader, you are dealing with a “no” in a business or professional situation, particularly when hours, days and even weeks or months have been spent trying to land a particular client or account. Clearly, no one wants to hear “no.” Yet, the exceptional leader is able to take rejection and turn it into something positive. Consider the following leadership tools for seeing “no” as an opportunity to grow and come back stronger than ever: • Do not take it personally. Very often, the person rejecting you or your organization is not doing so on a personal level, but they are saying “no” for a variety of other reasons related to economics, market conditions or internal factors in their organization. Never forget that many decisions are beyond your control. Do not get down on yourself – a negative attitude can impact your entire team. • Proactively engage the person who rejected you. Be confident and secure enough to ask why you were turned down. Having a positive attitude puts you in the frame of mind to say, “Is there anything I need to know that can help me improve myself or my organization?” Great leaders are lifelong learners and taking the time to reassess your leadership approach will likely produce better outcomes moving forward. • Resist the urge to blame others. No one is inspired or motivated by hearing
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a leader say that it was someone else’s fault as to why things didn’t turn out right. Your team members as well as key stakeholders are looking to you for strength and moral support. • Pick yourself back up. After you have had a chance to lick your wounds and learn as much as you can about why you got a “no,” get right back on the horse. If you obsess over a rejection or set back, you are likely to carry it with you when dealing with your next challenge. • Put your energy into moving forward. It is not enough to say you will take this experience with rejection and learn from it. More specifically, write down exactly what you will and will not do in the future when faced with a comparable circumstance. Doing this will have a powerful impact on your leadership style and ultimately increase your odds of being more successful next time around. • Keep your emotions in check. Being rejected in any venue can be highly emotional. However, it is not okay to completely lose it. Rather than letting your emotions drive how you will react, ask yourself beforehand: “How will I
JANUARY 2016
deal with losing or hearing ‘no’ if that is the response I receive?” Some would call this negative or pessimistic thinking. I disagree. I call it being realistic. Being prepared. While you won’t know exactly how you will react until it happens, learning to manage your emotions when dealing with “no” is an important leadership lesson that can make a big difference in how we lead others as well as ourselves. NOW… YOUR TURN: What did YOU do to stay positive the last time the answer was no? Write to me at sadubato@aol.com. Steve Adubato Ph.D., is the author of numerous books including his latest, You Are the Brand, and his upcoming book,Lessons in Leadership. He is also an Emmy Awardwinning anchor on Thirteen/WNET (PBS) and NJTV (PBS) who regularly appears on CNN, FOX News, and the Today Show. Steve also provides executive leadership coaching and seminars for a variety of corporations and organizations both regionally and nationally. To read more Lessons in Leadership visit www.Stand-Deliver.com. Find and follow Steve on Twitter and Facebook at: @SteveAdubato @SteveAdubatoPhD
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Lending Trends & Outlook Q&A with leaders from two local lending institutions
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ou have decided to embark on your personal version of the American Dream and start your own business. Even with all the planning and high hopes, unless you are independently wealthy, you will likely need to seek some financial backing for your project—if not at the onset, then somewhere down the road. However, securing a small business loan is no small accomplishment and several experts weighed in on the “do’s and do not’s” as well as what the trends are heading into 2016. We spoke with: • Linda McFadden, CEO, XCEL Federal Credit Union, with offices in New Jersey and New York • Daniel Sorrell, First Vice President-Team Leader, N.J. Community Lending, Valley National Bank, Wayne, N.J.
Current trends
The late 2000’s economic crisis left small business owners and prospective start-ups in a holding pattern. However, according to the U.S. Small Business Administration (SBA), there has been significant growth in the number of loans and dollar amounts in the past few years, signaling a positive trend. The latest report shows that fiscal 2015 proved to be a “stellar” year for the SBA as financial assistance programs reached all-time records. Loans to veterans saw a 45 percent increase over 2014, and loans to under-served markets, including women and minorities, totaled $13 billion compared to $10.47 billion the year before.
To what do you attribute the rise in small business loans?
McFadden: “When compared with the big banks, our loan pro-
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cess seems easier and we will gladly do small business loans from $15,000-$1 million. I don’t think the big banks are interested in a $35,000 loan.” Sorrell: “I believe it’s a combination of several items. Banks have begun to feel more comfortable lending to small businesses. After a few rough years, we have seen improvement in the financial condition of the prospective borrowers that approach us for financing. The low interest rate market has certainly contributed to the ability of businesses to borrow. Additionally, the greater emphasis from the regulatory agencies for banks to fulfill their CRA [Community reinvestment Act] obligations creates an environment where lending to small businesses is essential.”
Is there a trend in one particular industry/area from which small business owners are looking to borrow? Have you seen an uptick in one segment of the population looking to secure a small business loan?
McFadden: “We have had a lot of activity helping small business bring on additional employees. The loans are often small enough just to ‘onboard’ the new person and get them started, then the new found business paves the way. A review of our most recent loans shows they are clearly spread out across the spectrum including young entrepreneurs.” Sorrell: “We’ve noticed an increase in real estate activity, whether it be small businesses wishing to own their own locations or individual borrowers looking to purchase or refinance small investment
properties. However, there isn’t one specific group looking to borrow at this time.”
Is the current loan trend more for start-ups or existing businesses? McFadden: “It’s mostly existing businesses.”
Sorrell: “Primarily, Valley prefers to focus on the expansion of existing, established businesses.”
What are the advantages/disadvantages to unsecured vs. traditional loans?
McFadden: “The chief disadvantage for the member is that unsecured loans are generally offered at a slightly higher rate and there are limits as to how much money may be available.” Sorrell: “From a bank’s perspective, unsecured lending is a risky proposition and something we shy away from. Valley exhibits a prudent lending criteria where we do look for secondary sources of repayment (i.e., collateral) on our small business loans.”
There is growing popularity about online lenders. Any thoughts?
McFadden: “I don’t think those online lenders are really your friend. They aren’t regulated as we are and they don’t necessarily have the back-up deposits on hand to secure your loan or to add to your loan. Having the federal government oversee our business is really in the borrower’s best interest and often online lenders just don’t have anyone watching them.” Sorrell: “I have not noticed those types of lenders being a significant source of competition. Our main competitors remain the national, regional and community banks that operate within our trade area.”
Are there any changes in store for 2016?
McFadden: “We expect the current pace of lending to small business to continue through 2016. Of course, the election plays a key role in that.” Sorrell: “I believe the government’s continued emphasis on CRA compliance will contribute to added competition between banks in the small business marketplace.”
What tips can you offer for prospective clients?
McFadden: “Borrowing money is serious business for both of us. Be prepared with the documentation we will need. Try not to borrow more than you need, so perhaps a line of credit may be the answer. Speak with your accountant to get some good solid advice beforehand. And always, always, always protect your credit score because you don’t know what the future holds. The best map doesn’t tell you what’s around the next bend.” Sorrell: “My primary tip is that if possible, it is a good idea for a small business to maintain an open line of credit with a bank, even if they think they do not need it. It’s better to have such a facility in place and not use it than to apply when you’re under the gun, which is probably the worst time to apply.”
No small matter
Like our experts said, seeking a small business loan is no small matter. Being prepared and well-informed is the first step to success. Here are a few things to consider before taking the plunge:
1. What is your financial status?
Before you even pursue a loan, take a careful look at your records to make sure your business has a strong enough performance record to ensure repayment. Most lenders will require proof of that, so make sure you have documentation. And separate your personal and business finances.
2. Do you really want to borrow from family and friends?
An old proverb says, before borrowing money from a friend, decide which you need most. There are advantages and disadvantages when it comes to taking a loan from family or friends. While they might be among the most supportive of your business vision, borrowing money also can put a strain on your relationship—or cause irreparable damage to a family dynamic. Consider the consequences if you have trouble repaying the loan. Is it worth it? Borrowing from a reliable lending institution offers several things: It will help you adhere to a payment schedule (or run the risk of paying additional fees or defaulting) and there is a much better chance of keeping your personal relationships intact.
3. What about those credit cards?
Credit cards can sure come in handy—they provide almost immediate funding for a wide variety of business expenses and can help build credibility if used wisely. However, pulling out the credit card too often can result in high interest fees, lower credit scores and a greater chance of falling deeper into debt. A small business loan can help keep your spending in check and keep you out of a financial black hole.
5. Are online lenders the answer?
With the global financial collapse of 2008-2009 came the emergence of the online lender and its advantages: quicker application process, easy record keeping and, in some cases, immediate access to funding. But borrower, take heed: online loans sometimes carry higher interest rates. You also don’t have the in-person attention you can get when dealing with a traditional bank or lender—not to mention you are potentially exposing all your business information to the cyber world. Think it through carefully before deciding which option is best for you. And when in doubt, ask a reputable financial expert for advice. Angela Daidone is a freelance writer, editor and public relations specialist. She can be reached at adaidone@aol.com. MEADOWLANDS USA
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Retail, Hospitality & Tourism Talent Network Connecting & strengthening New Jersey’s tourism industry
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s many New Jersey residents will tell you, the differences between the northern and southern halves of the state are undeniable. This contrast is perhaps most obvious in the retail and hospitality sectors. While northern New Jersey is famous for its vast retail options and entertainment venues, it may experience only a small taste of seasonality but southern New Jersey practically thrives in it, emphasizing shore towns, dining options and the nightlife of Atlantic City. The New Jersey Department of Labor and Workforce Development (NJLWD) recognized this unique divide and in May of 2013, the first regionally-focused Talent Network was developed. Since their launch in 2011, all seven of New Jersey’s Talent Networks have received the question “What exactly is a Talent Network?” so frequently that there is now an official link to answer the question! Here it is: http://www.jobs4jersey.com/ toolkit/talent/ In short, a Talent Network can be described as an organization that functions to connect employers, job seekers, training providers/educators and other state services within each of their respective sectors. 18
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Talent Networks are designated to industry clusters that have been identified by the state as ones that are essential to the growth of New Jersey’s economy. Although each individual Talent Network has developed its own formula to complete its mission, they all strive towards the same ultimate goals: understanding employer needs, creating meaningful partnerships and positively impacting New Jersey’s workforce. The Retail, Hospitality, & Tourism Talent Network of North Jersey (RHT North), based at Fairleigh Dickinson University, handles Middlesex County and above. The Retail, Hospitality, & Tourism Talent Network of South Jersey (RHT South), housed at Stockton University, takes on Mercer and Monmouth Counties and below. This delegation allows both RHT North and RHT South to focus on each area’s needs more intricately. The RHT North and South Talent Networks, led by directors Sandra Bleckman and Caitlyn Weiss, have had many successes since their inception. Among these are countless career fairs, jobseeker workshops, professional networking events and two annual Industry Weeks. Industry Week is a full week jam-packed with events dedi-
cated to industry awareness and recognition of industry leaders, such as Marilou Halverson, President of the New Jersey Restaurant and Hospitality Association (NJRHA). Each year, Industry Week is acknowledged by Governor Chris Christie with a signed proclamation declaring them a statewide event. In2014, the RHT Talent Networks were awarded the title “Professional Service Organization of the Year”- by the NJRHA. Most recently, the Retail, Hospitality, & Tourism Talent Network (RHTTN) has emphasized their focus on employer needs, the very core of the Talent Network’s mission, by hosting employer roundtables. Employers from retail, restaurants, casinos, hotels and other associations were invited to a guided discussion in which they were able to share their challenges, concerns and—perhaps most importantly—their needs from their current and future employees. Unanimously, employers agreed that there is a significant lack of soft skills in many incumbent or perspective employees. Many employers mentioned
a lack of communication skills, work ethic or an overall misunderstanding of what hospitality truly is. RHTTN believes these conversations are the gateway to a more successful workforce. This information can be brought back to training providers or educators so that job seekers have the opportunity to gain the skills that employers have expressed there is a real-time demand for. As RHTTN embarks on its third year in operation, an even higher priority is being placed on these invaluable partnerships with employers. We believe it is the best practice to continue to listen to the needs of employers in order to properly guide job seekers to spend their time, money and other resources on the programs that will equip them with up to date and valuable skill sets. RHTTN also plans to continue the relationship with those looking for jobs through social media, live events and newsletters in order to relay this pertinent information to them. Overall, RHT North and RHT South
function symbiotically—and sometimes as one unit—as they work toward one common goal. The division of territories does not dilute efforts, but instead enhances them, allowing the North and South divisions to function as the specialists they are intended to be. RHTTN looks forward to continuing their diligent work to enhance communication throughout the state, which will ultimately lead to a smarter, stronger, more rewarding workforce for both employers and job seekers alike. To become a part of the conversation, please email RHTTNNJ@gmail.com. Aubrianna Fouts holds her first degree in English and is currently completing her B.A. in Psychology at Stockton University. She plans to pursue these studies to a doctorate level. She is the proofreading editor of psychology novel Live Beyond Your Dreams by Riana Milne and has several published works of her own, including poetry and creative non-fiction. In her free time she enjoys freelance editing and writing.
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TOURISM & HOSPITALITY
MDest 2015 Draws Industry Leaders
Leveraging the tourism sector for New Jersey’s economic benefit
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he Meadowlands Regional Chamber and the Meadowlands Liberty Convention & Visitors Bureau presented its 10th annual tourism conference, MDest 2015: Dynamics & Destinations, in October. The event, held at the Meadowlands Exposition Center in Secaucus, was attended by tourism industry leaders and distinguished speakers who discussed how to further grow the tourism industry in the Meadowlands and New Jersey. The tourism sector is already a viable and growing source of revenue for New Jersey (visitors to New Jersey spent $40 billion in 2014, according to state data, which is nearly $10 billion more than they spent in 2004) but leaders of destination marketing organizations (DMO’s) feel there are more potential gains by investing further in tourism. Currently, the privately-operated DMO’s across the state split about $1.6 million in state funds to promote their destinations and draw visitors from out of state. “We have to be really good at finding how to spend that little bit of money and making sure we spend it in the most efficient ways,” said Jim Kirkos, president and CEO of the Meadowlands Liberty Convention Visitors Bureau. In recent years, the Meadowlands has hosted WrestleMania, the Super Bowl and other large-scale events that brought in tax dollars and economic benefits to local businesses. The other DMO leaders who spoke at MDest also outlined some of their strategies and achievements: Leslie Bensley, the executive director of the Morris County Tourism Bureau, said her organization pushed to install old-fashioned way-finding signs that represent Morris County as a heritage
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and cultural destination. Visit South Jersey, which encompasses Burlington, Gloucester, Salem and Camden counties, has grown tourism in the area by 30 percent, executive director Jake Buganski said. He attributes this partly to promoting the region as a wine producing hub. Tammy Horsfield, who serves as the president of the Sussex County Convention Visitors Bureau, has made her mark by promoting the county’s ecotourism and outdoor opportunities. The DMO leaders agreed that they could do more marketing and attract even greater numbers of visitors to the Garden State if they received more state funding. For instance, Kirkos reported that MetLife Stadium has lost events to other stadiums because rival bids have more financial backing from local tourism organizations. Buganski said increasing tourism spending would be a good investment for New Jersey because it would allow the DMO’s to bring more people into the areas to increase tax revenue—without having to spend more dollars on infrastructure or education. Recognizing achievements in the Meadowlands Tourism & Hospitality Awards were also granted at MDest, recognizing local businesses that have made an impact on improving the region’s tourism sector and putting the Meadowlands on the map for more visitors. The following Meadowlands businesses received accolades: Best Visitor Experience– Field Station: Dinosaurs, Secaucus, NJ Best Marketing Practice– Redd’s Bar and Restaurant, Carlstadt, NJ Best Green Initiative– MetLife Stadium, East Rutherford, NJ Community Impact– Pole Position Raceway, Jersey City, NJ
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Thought Leaders Conference
Regional & state leaders gather to discuss a strategic master plan for the Meadowlands
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he Meadowlands Regional Chamber (MRC) presented a Thought Leaders Conference in October, moderated by Emmy Award winning broadcaster and author Steve Adubato, to provide thought-provoking insight and dialogue from some of the region and New Jersey’s greatest leaders in business, finance, planning, healthcare, environmental policy and transportation. The panels included “Bold Thinking for the Future,” “Obstacles and Solutions” and “Mobility, Workforce & Innovation.” Featured speakers included Robert Garrett, president and CEO of Hackensack University Medical Center; Lori Grifa, partner at Archer and Greiner, P.C. and formerly the DCA Commissioner; and Jamie Fox, the former Commissioner of the New Jersey Department of Transportation. The event was led by Fletch Creamer, Jr., who serves as the chairman of the Meadowlands Regional 2040 Foundation. This foundation has been established as the advocacy and public affairs arm of the MR—and as a “think tank” it focuses on the pressing regional development issues that will positively impact the local economy. The purpose of this year’s conference—the kickoff installment for a series of events that will take place over the next several years—was to ignite and inspire a collaborative path to establishing a long term master plan for our region and for the state. Garrett detailed plans for a private medical school at the former Hoffmann-La Roche site, which sits on the border of both Clifton and Nutley. Key to that plan is a collaborative partnership between Seton Hall University and Hackensack University Health Network—the parent company of Hackensack University Medical Center. Garrett asserted that establishing a school of medicine—which would be the only private medical school in the state— will attract the best and the brightest to the
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field of medicine in New Jersey and will also help curb a critical physician shortage that the state and the nation currently face. By 2020, New Jersey is poised to have a shortage of 2,500 physicians and this joint venture partnership will help combat this deficit by providing key education, research and career opportunities to motivate the next generation to pursue a career in medicine. “We are excited to be taking this next step with Seton Hall University. Our academic reputations, combined with our clinical expertise, will guarantee the establishment of a world-class academic institution in the Garden State,” said Robert C. Garrett, president and CEO of HackensackUHN. “New Jersey has long been known as a home to the healthcare and pharmaceutical industries, and it is imperative we continue to support our future workforce through a premier school of medicine.” On a similar note Chris Paladino, who serves as CEO of the New Brunswick Development Corp., reviewed the positive effect of Rutgers medical school merger and the beneficial impact it is having on JANUARY 2016
the local economy. He also discussed how millennials prefer to live in urban environments and this demand needs to be addressed in regional planning for both the private and public sectors. Michele Brown, CEO of Choose New Jersey and formerly from the state’s Economic Development Authority, said that New Jersey suffers from a perception that it is not business friendly—due to high tax burden and lack of funding. New Jersey’s position as a bio and pharma leader, she added, is threatened by placed like Cambridge, Massachusetts. Even though New Jersey’s geographic location is stronger. The panelists also discussed building a tourism economy and that attractions like MetLife Stadium, the Meadowlands Racetrack and American Dream Meadowlands could serve as engines to powering this industry. The Meadowlands Regional Chamber will present an Education Summit in 2016 and it will expand upon many of the workforce development issues that the Thought Leaders Conference raised. Stay tuned for more information.
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CONTINUING EDUCATION & BUSINESS LEARNING
Dr. Mercer Celebrates 10 Years
It’s been a decade of excellence for Ramapo College
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or Ramapo College of New Jersey, the last decade has been a period of seismic changes—in its student body profile, its standing among peer schools, its fundraising prowess and, perhaps most strikingly, in the very look of its 300-acre hillside campus that is nestled in the foothills of the Ramapo Mountains in Mahwah, New Jersey. Many of those changes can be attributed to Dr. Peter P. Mercer who assumed the presidency on July 1, 2005 and has been at the helm for almost a quarter of the College’s 46-year existence. A native of Canada, Mercer came to Ramapo from the University of Western Ontario, where he initially taught Law. Later he served as dean of the Law School and as a Vice President and General Counsel. He’d learned about the Ramapo position from his brother-in-law, who lives in Mahwah. His own academic bearing was defined by the liberal arts, so Ramapo seemed like a snug fit. “I believed—and do believe—the college had remarkable potential and that it hadn’t received the recognition it really deserved as a fine liberal arts institution,” Mercer says. Those most familiar with Mercer’s tenure frequently cite his collaborative managerial style and his steadfast—and often self-deprecating—sense of humor. “I always think of Bill Clinton’s line when he was asked what it’s like to be president of the United States,” Mercer says. “He said it’s like being president of a graveyard—you have a lot of people underneath you, but nobody’s paying attention.” Around campus, Mercer has made himself a familiar figure. He and his wife, Jacqueline Ehlert, a dietician with a Ph.D. from Columbia, routinely open the doors to the Havemeyer House—the 166-year-old mansion that serves as the official residence of the Ramapo president—welcoming hundreds of faculty members, donors, administrators and students to more than 60 events a year. For instance, to commemorate the opening of the Adler Center for Nursing Excellence, they presided over a sit-down dinner for 78 guests. “I don’t know any other president of a college who has had faculty in his house so often,” says Dr. Anthony Padovano, a distinguished professor of literature and philosophy who has been at the College since 1971. Unless he is traveling, Mercer attends every open house for high school seniors. “It’s important for prospective students and their parents to see the president, to see the provost and the dean, and other members of the senior team so that when we say we’re concerned about giving you a good education, we’ve got some credibility,” Mercer says. As a leader, he’s focused more on finding common ground with Ramapo’s constituencies, who include professors, administrators, students, trustees, alumni, parents and donors. 24
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“You can’t just come in and decide you’re going to, by fiat, change things,” Mercer says. “I would describe it as the equivalent of punching a wall of foam rubber. You make an impression while your fist is in there, but you take it off for a second and the wall is exactly where it was. If you don’t care who gets credit for something, and I really don’t, I think it makes it easier to move ahead.” George Ruotolo, the president of Ramapo’s Board of Trustees, says he’s been struck by Mercer’s humility. “I would say whatever ego he has—and I think he has a lot to be proud of in terms of his accomplishments—he does a very good job of keeping it in check,” Ruotolo says. Mercer says his own experience as a college professor has helped him work with the Ramapo faculty. “If you do have a criticism of the college or even something Peter has initiated you’re able to sit down with him and talk about it without his feeling threatened or defensive. You get the impression that’s he’s listening so he can evaluate not just you but also himself,” Padovano says. Ehlert says her husband’s straight-talking approach has aided his relations with the faculty. “He will lay out issues and then, in a very respectful way, seek their advice and propose his views of how things need to be approached,” she says. “He really seeks consensus, and people rally around that.” Not long after Mercer and Ehlert arrived in Mahwah— they were married just six days before settling into Havemeyer House—Mercer let it be known that he wanted to increase the racial and ethnic diversity of Ramapo’s student body while simultaneously raising the college’s academic standards. “Many people said you could do one but not the other,” Mercer says. Ten years later, Ramapo has done both.
Today racial and ethnic minorities represent nearly 30 percent of the student body—a nearly 50 percent increase from ten years ago and a figure more closely aligned with New Jersey’s statewide population. One factor has been a program begun several years ago to help students from low-income families stay in school and graduate. The program provides additional funds for first-year students enrolled in Ramapo’s Educational Opportunity Fund (EOF) program, in which qualified college students, many of whom are first-generation, receive financial and academic assistance. Mercer noticed in his earliest years that a disturbing number of EOF students were not returning to Ramapo after their first year, while the graduation rate for EOF students lagged behind that of the overall student body. For many families, Mercer says, even with the financial aid given to EOF students, it posed a significant hurdle. He proposed using discretionary funds to eliminate that hurdle altogether and enable first-year EOF students to attend Ramapo cost-free. “It was amazing what happened,” Mercer says. “Retention and graduation rates improved to the same level as the rest of the student body, and they’ve stayed there.” By any variety of measures, Ramapo has raised its national profile substantially during Mercer’s presidency. In 2011 the business school was formally accredited by the Association to Advance Collegiate Schools of Business, the largest such accrediting agency. Worldwide, less than five percent of business schools have earned this distinction. Earlier this year Kiplinger’s Personal Finance Magazine named Ramapo among the “100 Best Values in Public ColContinued on pg. 26
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Continued from pg. 25
leges” nationwide, the tenth straight year that Ramapo has made the list. U.S. News & World Report also ranked Ramapo fifth among public institutions and 26th overall in its “Regional Universities North Rankings.” State support for Ramapo’s general fund decreased during Mercer’s tenure—from nearly 35 percent to about 25 percent. It is a common trend among the states but one especially detrimental to a small, public liberal arts college with aspirations to raise its academic profile. “Asking people if they want to spend more money on higher education is kind of like asking them if they want to go to heaven,” Mercer says. “They say it’s a good idea, but not right now.” Raising money, then, has become more important than ever. Under Mercer’s watch, Ramapo embarked on the most ambitious fundraising campaign in the history of the college. Some 13,500 donors contributed more than $56 million to the Further Our Promise Comprehensive Capital Campaign for Ramapo College, or 40 percent more than the campaign’s $40 million goal. “The money itself is extremely important, there’s no doubt about it,” Mercer says. “But it’s important not just for being a specific sum that you can apply for a particular expense. It’s important also for what it symbolizes. We can go to our faculty and our students and our prospective students and their families and our staff and say, people think enough of us to have given beyond the goal we set for our campaign. That does a tremen-
dous amount for morale.” Ruotolo credits Mercer with playing a vital role in the campaign’s success. “He’s very good at presenting a vision for the future of Ramapo and getting people to want to affirm the vision through philanthropy,” Ruotolo says. “A lot of college presidents do it begrudgingly. Peter doesn’t do it begrudgingly. He does it with a purpose.” The sweeping renovation of Ramapo’s campus over the past ten years has included new construction such as Laurel Hall, with 432 suite-style dorm rooms; the Salameno Spiritual Center, a space for reflection by believers and humanists alike; the Sharp Sustainability Education Center, which is heated and cooled by a geothermal system; the Adler Center for Nursing Excellence, home to Ramapo’s highly regarded nursing program; and the Anisfield School of Business. Ramapo also made significant upgrades to its Salameno School of Humanities and Global Studies, science facilities, the Les Paul Music Production Studio, the Scott Student Center, the Bradley Sports and Recreation Center, Potter Library and the Birch Mansion. All told, Ramapo has spent $438 million on renovations and new construction during Mercer’s tenure. It’s an impressive figure, and a reminder of Mercer’s ethos of teamwork. “If you don’t like the people with whom you work with and you don’t like the environment in which you operate, you’ll never be as effective as you might otherwise be,” Mercer says. “And I genuinely like the people I work with.”
Learn in small classes. Succeed in big ways. With an average class size of 23, and a student–faculty ratio of 18:1, Ramapo College offers students an individualized learning experience. Our students are able to build meaningful, close-working relationships with faculty members through mentorship, collaboration and research opportunities. Ramapo College offers more than 40 undergraduate majors, eight part-time graduate programs and bachelor’s degree completion options. Discover how we prepare our students for a lifetime of success. Learn more at:
www.ramapo.edu/musa
or 201-684-7300
505 Ramapo Valley Road, Mahwah, NJ
Ranked by U.S. News & World Report as one of the Best Regional Universities North category for public institutions.
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Featured in the Princeton Review’s “Best in the Northeast.”
CONTINUING EDUCATION & BUSINESS LEARNING
New Accreditation For Eastwick College Funeral service degree sees boost from new ABFSE accreditation
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n the fall of 2013, Eastwick College became only the second school in the state to offer a funeral service associate degree. Now the college is making history again, announcing that its unique funeral service program has earned full accreditation from the American Board of Funeral Service Education (ABFSE). This announcement will come as great news for current and future students of the program, as the accreditation is a requirement for pursuing licensure as a funeral director in many states. It also serves as a testament to the level of quality and success the program has achieved in less than two years, given the ABFSE’s high standards that a program must meet in order to achieve full accreditation. For many people, funeral service might seem like a cold and dark field to work in, but the skills required for the job are much closer to that of a counselor or makeup artist in many ways, explains Mr. Thomas M. Eastwick, president of Eastwick College, which has become only the second college in the entire state to offer an associate in applied science degree in mortuary science. “Many often see mortuary science as a gloomy field because it focuses on death,” explains President Thomas M. Eastwick. “While it’s true that it can bring its share of grief, professionals in this field also do their best to honor and celebrate life, carefully restoring and preserving the body, and providing compassion and consoling to family members and friends as they are gathered to remember the deceased.” This unique degree at Eastwick College can be completed in as little as 24 months, significantly quicker than other programs offered in the area, and prepares the student to enter the workforce in the capacity of a licensed practitioner of mortuary science, which includes embalming, funeral directing, funeral arrangement and various positions in a medical examiner’s office.
Planning and preparing for a funeral service involves a significant amount of work for the family—often, attendance to details and requirements can be overwhelming. Funeral service professionals lessen this stress by taking on many of these responsibilities. It is a career that requires compassion, business knowhow, medical knowledge and organizational skills. In some cases, an aptitude for artistry can also be beneficial for those in this field. In the mortuary science degree at Eastwick College, students will learn how to restore the body through embalming and other procedures in fully-equipped lab classrooms. They also study the psychology and sociology of death and funerals—which is vital in their preparation to counsel families and help them through a difficult time. Also, because mortuary science graduates work with people from a wide range of cultures and religions, students in this program also learn about many of the different end-of-life traditions and requirements. “There are currently a significant
number of job opportunities for funeral directors and embalmers. And demand will continue to increase in the coming years as population ages,” adds President Eastwick. “Even better, the median annual salary of a funeral director is over $54,000.” For more information on this unique program or other degrees offered by Eastwick College - Hackensack, call 201-488-9400 or visit them online at www.eastwick.edu/mortuary.
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Florham Campus (Madison, MJ)
Metropolitan Campus (Teaneck, NJ)
Pioneering Spheres of Excellence Spotlight on Kenneth T. Vehrkens, Dean of the PetroceIli College of Continuing Studies at Fairleigh Dickinson University
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riting any article about Fairleigh Dickinson University (FDU) becomes increasingly difficult because there are so very many roads to go down and to explore, so many spheres of excellence. So too is it with its Anthony J. Petrocelli College of Continuing Studies alone—why there are literally hundreds of subjects worthy of their own features. But at this particular juncture, one man alone—one of FDU’s longstanding and visionary leaders—is especially worthy of the spotlight: Kenneth T. Vehrkens, dean of PetroceIli College of Continuing Studies. He, his 47 years of service and his extensive contributions are, therefore, our objective epicenter, but still, we begin with some brief words about a handful of FDU targets, initiatives and headlines.
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A truly global mission The largest private university in New Jersey, FDU was founded by Dr. Peter Sammartino and his wife, Sally. From its very inception in 1942, its mission was to be a global institution. As such, a unique and vital relationship with the United Nations (U.N.) was implemented while the college also welcomed and provided a pathway to the future for returning World War II veterans. These two relationships have stood the test of time, as FDU continues to enjoy NGO status with the UN — and its service to veterans remains strong. Only recently, Petrocelli College’s International School of Hospitality and Tourism Management was invited to join the World Tourism Organization, only the second university in the United States to be so designated and honored.
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With a large community of international students enrolled at FDU, the University’s commitment to educate global students is manifested in dozens of programmatic initiatives. And its U.N. Pathways Ambassador Forums provide students with a global perspective that is unique among colleges and universities in the United States. Ambassadors from literally every corner of the globe visit its campuses to meet with FDU faculty and students to explain how their nation views the world and to explore the challenges that it faces. From Rwanda and Sierra Leone and Turkey and Greece and Iraq and Afghanistan and Ireland and Germany and Australia and Vietnam—and dozens upon dozens of other countries—they come. The world literally comes to FDU where globalism and diversity are living,
pro-active and mighty forces and not mere words on a website. Veterans, partnerships & lifelong learning And yes, FDU offers unique programs and services to veterans, including its Center for Psychological Services. The University’s veteran population is among the highest in the state of New Jersey—and Petrocelli College has written a whole new script on lifelong learning. Its programs in sports administration; homeland security; administrative science; service, innovation and leadership; and hotel, restaurant & tourism management have all broken new ground and uniquely distinguish the college. Petrocelli College also has, under Dean Vehrkens’s leadership and as far back as 1995, been a pioneer in the development of online programs. These are just some of the initiatives and programs of Petrocelli College. As is its Latino Promise program and its partnerships with several community colleges in the state; as is its partnerships with universities around the globe; and as is its partnerships with corporate leaders, nonprofits and public agencies. One thing Mercer County Community College, Verizon Wireless, universities across the world (in Israel, Korea, Germany, Italy and more), the National Guard, the New Jersey State Police, Hackensack University Medical
Center, the National Football League—and a vast litany of others—have in common is Fairleigh Dickinson University. But it is not just about FDU’s unique undergraduate and graduate programs — it is also about its Camp Discovery, a summer day camp for children, which celebrates its 20th year in 2016. The University also offers its Summers Scholars program for rising juniors, its Computer Teens summer program and the Gifted and Talented and Middle College Credit classes through as many as 100 plus high school districts. It is ultimately about serving students from the ages of 5 to 90—and beyond—as extraordinary graduates at the ages of both 90 and 91 have recently received degrees from the Petrocelli College. For the children, it’s about creative arts and theatre and natural science and for older adults who take part in Petrocelli College’s numerous programs. It’s about everything from Irish literature to the American experience to theology. For both young and old, it’s about taking a swim and utilizing the state of the art exercise and recreational equipment. The vision of Dean Kenneth T. Vehrkens I must confess that I have a strong personal interest in this story because I first met Kenneth T. Vehrkens at a local Hackensack restaurant (that is sadly long gone) to dis-
cuss my coming on board as an adjunct professor. That, rather remarkably, was almost 38 years ago and not long after Ken Vehrkens was first designated an academic dean. Over the years, through thick and thin and ever steadfast, he has been a man of goodness and grace—and as good a friend as anyone on this earth could possibly have been. From its inception, Vehrkens has served as the dean of the Petrocelli College of Continuing Studies, one of the 4 colleges of the University, with 5,000 credit bearing students and an equal number of non-credit students. FDU operates on four campuses—Metropolitan (Teaneck, NJ), Florham (Madison, NJ), Vancouver (Canada) and Wroxton College (Oxfordshire, England)—and they serve others through what are literally hundreds of partners and affiliates both in New Jersey and across the globe. Throughout his tenure, Vehrkens has fashioned a wide array of fascinating programs for children, teens and even the elderly. Innovative, impactful and unique, Vehrkens is a giver and a doer and a star—and his hands and his blood, sweat and tears are all over the vast innovative initiatives that were but briefly introduced above. Our mutual friend George D. Martin, an FDU alumnus and captain of the 1987 Super Bowl champion New York Giants, recently wrote a book titled Just Around the Bend. You ought to read it, for a great pic Continued on pg. 30
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Continued from pg. 29
ture of Dean Vehrkens is poignantly painted throughout it. He singles Dean Vehrkens out as a hero, a mentor and as one of the most profound forces and influences in his life. George D. Martin will tell you that Vehrkens is unlike any other man. 38 years as dean Just imagine 38 years as a dean—when the average dean in the United States lasts little more than four years. Thirty-eight years in the highly demanding, frenetic and stressful world of the dean who is the most likely to be pulled by the administration, the faculty, the alumni, the benefactors and the students. That is, of course, when there’s a corresponding problem or demand. Thirty-eight years of ongoing, steady and relentless innovation and exploration. Thirty-eight years of genuinely humble and exceptional leadership. By their deeds, you shall know them and we do. “It’s time,” Vehrkens calmly says, in reference to his anticipated retirement date of June 30, 2016. “Karen [my wife] has fought and beaten cancer twice, but there’s always a price paid in a battle like that and I look forward to spending more time with her, my two children and my glorious three grandchildren. After all that retreat of ours
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in the Adirondacks misses us and will welcome our company. “While my successor will be in complete control,” he added, “I would like and the University has agreed to allow me to stop by from time to time, and as a contributor only, to keep my hands in the midst of some of our initiatives. Believe me, I’m retiring and I’m letting go, but there are always ‘miles to go and promises to keep’. That’s how to look at it, for the only things I’m truly holding onto are a handful of promises.” Vehrkens, a valued retention consultant at 25 major universities, also is the author of more than 60 research articles and the educational consultant for the National Football League. He received the Pinnacle Award in 1991, one of the highest awards given to a University alumnus. He also was designated “Dean of the Year” on three different occasions and he was the recipient of the Elia G. Stratis Castle Award in 2006. He also was honored in 2007 with the Unsung Hero Award by Minority Athletes Networking. He was inducted into the Fairleigh Dickinson University Division I Athletics Hall of Fame. He was also named the Educator of the Year by the Meadowlands Regional Chamber in 2013. “His shoes will indeed be difficult to JANUARY 2016
fill,” said Sheldon Drucker, president of Fairleigh Dickinson University. “For 47 years, he has advanced the line and relentlessly worked to fashion the great University that Fairleigh Dickinson is today. His contributions are beyond legendary and we will honor him by striving to do justice to the legacy he leaves.” Tom Swanzey, associate dean and professor of English, has worked closely with Vehrkens for some 40 of his 47 years. “It has been one of the great pleasures and honors of my life to have served for so long with Dean Vehrkens. A colleague, a friend and a brother, I am confidently assuming that he’ll continue to accept my calls and I will, of course, haunt him if he doesn’t,” said Swanzey with a smile. “All that I have done in a career as a servant of this University has been done with him. So close have we been that we share the same dreams. He will leave a monumental void.” And as to that unsung hero bit, I’ll buy into that notion for that, most certainly, is what he has been to me.
By Rich Fritzky, retired President & CEO of the Meadowlands Regional Chamber and founding editor of Meadowlands USA.
RESPONSIVE • CUT TING E DGE • DY NAM IC
Innovative Solutions for a Changing Workplace Delivering the advanced training and skills your organization needs to compete. When your business, non-profit organization or government agency needs creative workforce solutions, count on Fairleigh Dickinson’s Petrocelli College of Continuing Studies. • Featuring convenient, flexible and quality programs at surprisingly affordable rates. • Delivering practical knowledge and skills that can make an immediate difference in your organization. • A record of successful and extensive corporate, public, non-profit, community college and international partnerships • Convenient evening and weekend classes at more than 50 locations statewide and online — plus tailored in-house options.
Petrocelli College Programs Associate’s & Baccalaureate Degree Completion Programs Including business, hospitality and self-designed majors with option for credit for life/work experience. Graduate Studies Administrative Science Homeland Security Hospitality Management Public Administration Service Innovation & Leadership Sports Administration Student Services Administration Degree Studies for Adults Whose Primary Language Is Not English MiraeRo (For Korean-speaking adults) Puerta al Futuro (For Spanish-speaking adults) Professional Certificate Programs With options in business, administrative science, automotive and aviation enterprise, education, allied health, computer skill, paralegal studies, certified financial planning and much more.
Contact us today to learn more about these and customized, in-house programs. Telephone: 201-692-6500 Email: petrocelli@fdu.edu Website: fdu.edu/petrocelli
LEGAL
Annual Review of Legal Documents Avoid legal issues by reviewing these documents yearly
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veryone is attuned to addressing year-end tax and financial planning. However, most businesses do not give proper attention to reviewing their legal documents and the types of legal issues that should be looked at on an annual basis. A year-end legal review should be a regular part of your company business planning. Even more importantly, by making the review of legal documents an annual concern you can often prevent legal issues from causing greater problems later on. The following are some common areas that should be part of your annual legal business review. Ownership & business entity documents Take note of having your entity documents in order. If your business is a corporation, this should be a shareholder agreement, sometimes called your buysell agreement, and for a limited liability company you should have an updated, fully signed operating agreement. At least once a year, the company should be sure that these documents memorialize any changes in ownership and agreements between owners for future transfers. Some of the issues to confirm in these documents include: • Transfers of ownership that are permitted and prohibited. • Transfers upon disability or death and the handling of the purchase of that ownership interest. • Employment of owners (particularly minority owners) and what happens upon termination or retirement. • Tax agreements on pass through income, confidentiality and restrictive covenant agreements. Additional considerations include agreements upon management authority, either by an agreed upon board of directors of a corporation or managers for an 32
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LLC, voting requirements for routine management decisions and if a heightened vote is required for major decisions. Finally, the annual legal evaluation should take note of updated valuations of the company that may be required by buy-sell agreements or similar agreements by the owners and any additional insurance required to fund a buyout. Other key documents to consider The following areas should be reviewed at least annually and updated as needed: • Minutes: Company records should reflect all shareholder and Board of Directors meetings for corporations and member/manager meetings for LLCs. These minutes should docJANUARY 2016
ument all major business activities during the year and, if not already in place, formally authorize the actions taken for each major transaction. • Owner, officer and other key personnel transactions: Company records should carefully document the dates and amounts of distributions made during the past year, as well as the total compensation for each owner, officer, and each key player in the company. If the company has made any loans to an owner, officer or key employee, the terms and conditions of all loans should be documented, to include both minutes and promissory notes evidencing each loan.
• Banking and financing: Review all company loans, usually with institutional lenders, and assemble the documents and minutes detailing the terms and authorizations to sign and borrow. Review business records and confirm that your minutes detail actions taken as to bank accounts and lines of credit. • Leases: Review business records for all leases. The general details should be disclosed in the minutes, including a summary of the parties, the rent, the term and the leased property. Take note of all triggering dates for options to renew or to terminate and the advance notices required. • Employees: Review so that all employment agreements desired to be in writing are documented, and that all confidentiality and non-competition agreements are in place. All employees having at will arrangements should sign a statement to that effect.
If there are any significant changes to employment benefits, including pension or profit-sharing plans, these should be detailed in minutes. • Contracts: Review all current contracts and note those that end during the coming year, whether there are options to extend and or rights to cancel. Note all calendar deadlines and special terms and conditions. •Employment policies: Review employee manuals and benefits and update based upon legal trends and internal issues. Be certain that all employees receive copies and the receipt by the staff is documented. • Tax planning: Review potential tax planning and tax issues with the company tax professionals. Go over upcoming transactions and the tax impacts—consider individual tax planning for the owners in relation to any proposed business transactions.
• Information governance: Every company should review and secure its management of information. Consider data security issues, review policies and determine how to best secure all data at the points of use and storage to minimize the likelihood of any system or data breach. Review insurance coverages in regard to computer systems and data breaches. Use the year-end or start of the new calendar year as an opportunity to take a fresh look at your legal documents and to bring them all up to date.
Mr. Bruce Ackerman is a partner at the law firm of Pashman Stein and the chair of its corporate law practice. He can be reached at (201) 488-8200 or at backerman@pashmanstein.com.
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LEGAL
Protecting Your Brand
Why it is important & what your options are
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he business landscape today is fast-paced and ultra-competitive. In such an environment, establishing and maintaining a connection between consumers and your brand is more important than ever before. Each bit of competitive edge you can gain counts and protecting your brand is a critical priority. A brand is an intangible perception in consumers’ minds concerning the qualities and attributes of a business’s product or service. It is this perception that businesses strive to enhance and nurture—and businesses spend valuable resources to promote their brands in order to increase revenue and profitability. Although developing a brand requires significant time and investment, destroying a brand could happen very fast. With the widespread use of the Internet in today’s business world, it has become more important than ever to be vigilant in protecting your brand. Without adequate protection, competitors and copycats could take advantage of the time and energy you invested in developing the brand, create confusion in the marketplace or even diminish the good reputation built over time—and this could all happen in an instant. Thus, your brand must be carefully guarded. A brand is a form of intellectual property that could be protected as a trademark. A trademark or service mark is generally a word, phrase, symbol, design or a combination thereof that identifies and distinguishes the source of goods or services of one party from those of others. A trademark may be located on a package, a label, a voucher or on the product itself. Trademarks are also used on company letterheads, business cards and the like to promote a business. The trademark owner can be an individual, business organization or any legal entity. There are several ways to protect your brand or trademark. You can establish rights in a mark based on use of the mark in commerce, without a registration. This is called common law rights. Common law trademark rights have
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been developed under a judicially created scheme of rights governed by state law. However, common law trademark rights are limited to the geographic area in which the mark is used. Another avenue of brand protection is through state registration of the mark. In New Jersey, for example, registration is inexpensive and expeditious. However, a NJ trademark registration is only based on a search of the state’s database of registered marks. Any other common law usage and other federal registrations are not considered during the application process. Therefore, there is no guarantee that the state registrant is not infringing another’s trademark. Also, a NJ trademark registraJANUARY 2016
tion is only enforceable for unlawful activities in NJ. The broadest scope of brand protection is in a federal trademark registration obtained through the U.S. Patent and Trademark Office. Fees to obtain a federal trademark registration are considerably more than obtaining a state registration. However, owning a federal trademark registration on the Principal Register provides a number of advantages, including: • A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods and or services listed in the registration (whereas state registration only pro-
vides rights within the borders of that one state) • Public notice of your claim of ownership of the mark • Listing in the U.S. Patent and Trademark Office’s online database (which could deter a junior user from using a similar mark for similar goods or services) • The ability to record the U.S. registration with the U.S. Customs and Border Protection Service to prevent importation of infringing goods (competing products with confusingly similar marks could be detained or seized by U.S. Customs) • The right to use the federal registration symbol “®” • The ability to bring an action concerning the registered mark in federal court • Availability of damages under federal trademark laws (often times greater than damages available under the common law or state registration) • The use of the U.S. registration as a basis to obtain registration in foreign countries Rights in a federally registered trademark can last indefinitely if you continue to use the mark and file all necessary maintenance documents with the required fees at the appropriate times. Your brand is your promise to consumers and the foundation of your business’s success. In today’s business landscape, protecting your brand is essential to growing your business. Having the proper protection of your brand could deter potential infringers from disrupting your business and provide your business with security in the event of infringement.
John H. Choi is the managing attorney at John H. Choi & Associates LLC, a full service intellectual property law firm in Ridgefield Park that focuses on obtaining, enforcing and defending against claims relating to patents, trademarks and copyrights. This article is for information purposes only and is not legal advice. For more information on the firm, please visit the firm’s website at www.jchoilaw.com. MEADOWLANDS USA
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LEGAL
Navigating The Selection Process
How to Engage a Licensed Site Remediation Professional
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ince the adoption of the Site Remediation Reform Act in 2009, the cleanup of most contaminated sites in New Jersey must be done under the supervision of a Licensed Site Remediation Professional (LSRP) and not by the New Jersey Department of Environmental Protection (NJDEP). LSRP’s are licensed individuals who are regulated by the LSRP Licensing Board and who have the legal authority to oversee and approve the remediation of contaminated property. Even though the program is now more than five years old, parties performing due diligence at or remediation of contaminated properties still run into issues about how to choose and then retain an LSRP. Based upon our experience with the program, the following should help those who need the services of an LSRP avoid some pitfalls in the process.
Choose wisely
When selecting an LSRP it is important to take into account a number of factors. First, an LSRP is an individual, not a consulting company. Although a number of LSRP’s work for consulting companies, the retention is of the individual. So if you are hiring a consulting firm, make sure you know the qualifications of the person at the firm who will be the LSRP and not just the firm as a whole. Regardless of whether the LSRP is retained through his or her employer consulting firm or as an individual, make sure the LSRP has experience with the type of environmental concern at the site being investigated or remediated. All LSRP’s are required to have certain basic knowledge and experience and must pass the LSRP licensing exam, but that does not mean the individual LSRP will have the necessary knowledge to effectively handle the clean-up on sites with particular or specific issues. For instance, at sites involving contamination with poly-chlorinated biphenyls (PCBs) separate federal regulatory requirements may apply. If your site involves
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PCB contamination, it is important that the LSRP knows and understands these federal requirements. If there is a complicated ground water contamination issue at your site, an LSRP with ground water remediation experience is necessary. The LSRP should know the limits of their expertise and will not take on assignments at sites where they lack the required expertise. It is also important to know if the LSRP has had any issues with the LSRP licensing board. This board oversees the LSRP program and will take disciplinary action against an LSRP who is found to have violated its rules. Actions by the board that result in disciplinary measures are listed on their website (http://www. nj.gov/lsrpboard/). Similarly, one should ask a prospective LSRP if any of his or her Response Actions Outcomes (RAO’s) have been overturned after being audited by NJDEP. An JANUARY 2016
RAO is the document issued by an LSRP certifying that a remediation is complete and every RAO is subject to audit by NJDEP for 3 years after issuance. The NJDEP may revoke an RAO if it determines that the remedy implemented is not protective of human health or the environment. Thus, if an LSRP has had one or more RAO’s set aside by NJDEP, it may be indicative of a problem.
Professional judgment
One of the key provisions of the Site Remediation Reform Act was the recognition that an LSRP should be able to use professional judgement in making decisions about the remediation of a contaminated site. This was a significant departure from the “command and control” approach when NJDEP was overseeing every aspect of a cleanup. However, not every LSRP is willing to or effective at using professional
judgement to assist a client in completing a remediation thoroughly and cost-effectively. For this reason, when interviewing a prospective LSRP one should inquire about the LSRP’s use of professional judgment. Questions about how the individual used professional judgment at other sites are appropriate, as well as questions about how professional judgment may be applied at your site. If the LSRP cannot provide cogent answers about professional judgment, consider a different LSRP.
The LSRP contract
Because of the requirements that apply to an LSRP’s services, a standard consulting contract is frequently not sufficient to protect the party engaging an LSRP from potential problems. Likewise, an LSRP is likely to want terms and conditions beyond those contained in a typical consulting contract as recognition of the added obligations that come from being an LSRP. Contract terms to pay particular attention to are: • Insurance provisions • Record retention requirements • Confidentiality provisions • Indemnity provisions and time limits Many consulting firms provide standard insurance language that would apply to both LSRP and non-LSRP work. In some instances, it is important to look at the amount of errors and omissions coverage relative to the expected cost of the remediation For large projects, the amount of this coverage should reflect the anticipated costs of the cleanup. And in all cases, consultants, including LSRP’s doing work on a remediation, should have Contractors Pollution Liability Coverage. There should also be consideration to an obligation to maintain the agreed upon coverage until after the end of the NJDEP’s three year audit period discussed above. LSRPs are also required to become the repository of records for sites where they are overseeing the remediation. The contract language should reflect this requirement and make sure that access is available to these records even after the contract term is over. Many consulting contracts contain confidentiality provisions. However, these may not work when an LSRP is engaged. In certain circumstances, an LSRP has an independent duty to report information to the NJDEP. Because of this, one cannot assume that communications with an LSRP are confidential. In addition, discussions including an LSRP and legal counsel are not necessarily protected by the attorney-client privilege. Special attention should also be paid to the indemnity provisions in an LSRP agreement. Standard indemnity provisions may not be sufficient to address concerns related to the unique role of an LSRP. As with insurance language, there needs to be some forethought given to the potential of an RAO being overturned as a result of an audit by the NJDEP. This may include a need to have the indemnity survive at least until the end of the audit period.
There also continues to be some confusion about whether the LSRP’s reporting obligation is triggered if the individual is not engaged as the LSRP of record with the NJDEP to oversee the remediation of the site in question. If an LSRP is not involved directly in the due diligence process, it is important that the environmental professional performing the work do so in a manner that an LSRP may rely upon in the future. This may lead to having a consulting firm engaged to perform the due diligence where there are both LSRP’s and non-LSRP’s involved. The non-LSRP consultants should be able to produce work that an LSRP employed by the same consulting firm feels comfortable relying upon. These are among the more significant considerations that have arisen as the LSRP program has become fully implemented. Although the program has been in existence for a number of years, it is still evolving. LSRPs will begin to make more and more decisions. The LSRP licensing board will make more decisions in more cases. Parties who need to engage an LSRP should be aware of these and other issues as they evolve and engage the LSRP with these issues in mind. Dennis M. Toft is a member of the 130 attorney firm of Chiesa Shahinian & Giantomasi of West Orange, NJ where he co-chairs the environmental practice. Mr. Toft was actively involved in the process of developing and implementing the Site Remediation Reform Act on behalf of the regulated community. He can be reached at (973) 5302014 or by email at dtoft@csglaw.com.
Due diligence
Because an LSRP has statutory obligations to report certain circumstances to the NJDEP, sellers of potentially contaminated property frequently seek to prohibit a buyer from using an LSRP to conduct due diligence. On the other hand, buyers frequently like the protection of having an LSRP evaluate potential cleanup costs and obligations. MEADOWLANDS USA
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LEGAL
Warranties & Federal Law
Demystifying the Magnuson-Moss Warranty Act
B
efore The Magnuson-Moss Warranty Trade Commission Improvement Act (“Magnuson-Moss Act” or “Act”)2 was enacted, many warranties did just that: they promised broad protection but instead negated the protection that would have been available had no warranty been issued in the first place.3 The Magnuson-Moss Act was meant to stop this. “Consumer statutes, such as the Magnuson-Moss Warranty Act…, were enacted under the assumption that manufacturers are often reluctant to provide the relief to consumers that their warranties promise.”4 So in 1975 the Act was passed “in response to an increasing number of consumer complaints regarding the inadequacy of warranties on consumer goods.”5 This article attempts to simplify the Magnuson-Moss Act so that compliance is more achievable. It does not attempt to address all the complexities of the Act and its attendant regulations, but rather provides an overview of the Act’s major themes. What is the Act’s purpose? As with all statutes that safeguard consumers’ rights, “[t]he purpose of the Magnuson-Moss Warranty Act is to enhance consumer protection.”6 Indeed, the Act “represents the first comprehensive attempt to deal with the problems of consumer product warranties on the federal level.”7 When enacted, the Act’s main goals were to: 1) Educate consumers about warranties 2) Provide consumers with basic protections when purchasing consumer products with written warranties 3) Strengthen the federal agency responsible for the consumer’s economic wellbeing 4) Provide consumers with a choice of remedies when the supplier of a consumer product breached its warranty.8
prove the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products…’”9 When does the Act apply? The Magnuson-Moss Act “applies to all sales of consumer products in which a written warranty is given.”10 For the Act to apply, there must be a sale of a “consumer product” to a “consumer” where a “warrantor” provides a “written warranty.”11 An obvious but important point is that the Act neither requires a written warranty nor applies when a consumer product is sold without a written warranty. What does the Act require? When a written warranty is provided, the Act applies and the warranty’s labeling and content must satisfy the Act’s requirements.12 The warranty must be conspicuously labeled “full” or “limited.”13 If a “full” warranty, the warranty’s duration must also be in the label.14 As for content, a warranty “costing $15.00 or more [must] clearly and conspicuously disclose, in simple and readily understood language, to whom the warranty extends, a description of what is warranted and what the warrantor will or will not do, how the
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1) Such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty; 2) Such warrantor may not impose any limitation on the duration of any implied warranty on the product; 3) Such warrantor may not exclude or limit
“The bold print giveth and the fine print taketh away.”1 - Skelton v. General Motors Corp.
“The purpose of the MMWA is ‘to im-
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warrantee should obtain warranty performance, and any limitations on relief.”15 In addition to the labeling and content requirements, the Act requires a warrantor to supply the consumer with a copy of the warranty at different times depending on the circumstances. Generally, for warranties costing $15 or more, the “text of the warranty [should be] readily available for examination by the prospective customer.”16 Providing a copy of the warranty’s text is light lifting compared to the following obligations the Act couples with “full” warranties. Section 2304(a) of the Act sets the federal minimum standards for a full warranty: In order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty:
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to recover the purchase price plus collateral damages.”24 On top of that, the court can order the liable warrantor to pay the consumer’s attorney’s fees, costs, and expenses.25 Conclusion Although this article discusses many of the major components of the Magnuson-Moss Act, the Act and its attendant regulations are complex and dense. If questions or concerns arise on this or any other consumer protection statute, consulting a knowledgeable attorney is advisable.
consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; 4) If the product (or component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be) … If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.17 “Remedy” is defined by the Act as the warrantor’s choice of “(A) repair, (B) replacement, or (C) refund; except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund.”18 Further, a “full” warranty may not impose “any duty other than notification upon any consumer as a condition of securing remedy of any [defective] consumer product.”19 A warranty shall neither disclaim implied warranties supplied by state law20 nor restrict a consumer’s access to the courts.21 And if a consumer’s claim is $50,000 or more, it can file the lawsuit in federal court.22 What are the penalties for violating the act? A violation of the Act allows a consumer to bring a variety of claims in state or, depending on the circumstances, federal court: [O]ne can see that four independent causes of action are authorized: failure to comply with any obligation under the MMWA; failure to comply with (or breach of) a written warranty; failure to comply with (or breach of) an implied warranty; and failure to comply with (or breach of) a service contract.23 And “a consumer who is damaged by the failure of a dealer or manufacturer to comply with a warranty obligation can file suit
Josiah Contarino is an Associate in Archer & Greiner PC’s Business Litigation Group. Josiah helps businesses and individuals with civil matters, primarily those matters that involve business issues. He can be reached at jcontarino@archerlaw.com. Archer & Greiner PC is a full-service regional law firm with more than 175 lawyers and eight offices in Haddonfield, Hackensack, Princeton, Flemington and Red Bank, NJ; Philadelphia, PA; New York, NY; and Wilmington, DE. The Firm has been serving Fortune 100 clients, small to medium-sized businesses and individuals for 85 years. Each office provides full-service litigation and transactional capabilities in nearly every area of law including corporate, estate & trust, family & matrimonial, labor & employment, litigation, medical & personal injury and real estate services. For more information, visit www.archerlaw.com. Skelton v. General Motors Corp., 660 F.2d 311, 314 n.2 (7th Cir. 1981). Pub. L. No. 93-637, 88 Stat. 2183 (1975) (codified at 15 U.S.C. §§ 2301-2312 (2006)). See Skelton, 660 F.2d at 314 n.2 (“For the [warranty] operated to take away from the consumer the implied warranties of merchantability and fitness arising by operating of law and leaving little in its stead.”). 4 Harrison v. Nissan Motor Corp. in U.S.A., 111 F.3d 343, 351 (3d Cir. 1997). 5 Davis v. S. Energy Homes, Inc., 305 F.3d 1268, 1272 (11th Cir. 2002). 6 Auto. Importers of Am., Inc. v. Minnesota, 871 F.2d 717, 722 (8th Cir. 1989). 7 Robert C. Denicola, The Magnuson-Moss Warranty Act: Making Consumer Product Warranty a Federal Case, 44 FORDHAM L. REV. 273, 273 (1975).
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8 Janet W. Steverson & Aaron Munter, Then and Now: Reviving the Promise of the Magnuson-Moss Warranty Act, 63 KAN. L. REV. 227, 232 (2015). The text of the Act states that its purpose is “[t]o provide minimum disclosure standards for written consumer product warranties; to define minimum Federal content standards for such warranties; to amend the Federal Trade Commission Act in order to improve consumer protection activities; and for other purposes.” 15 U.S.C. §§ 2301-2312 (2012). 9 Davis, 305 F.3d at 1272 (alteration in original) (quoting 15 U.S.C. § 2302(a) (1994)). 10 Abraham v. Volkswagen of Am., Inc., 795 F.2d 238, 241 (2d Cir. 1986). 11 See id.; see also 15 U.S.C. § 2301 (defining various terms of art used throughout the Act). A “consumer product” is “any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).” 15 U.S.C. § 2301(1). A “consumer” is [A] buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract). Id. § 2301(3). A “warrantor” is “any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.” Id. § 2301(5). A “supplier” is “any person engaged in the business of making a consumer product directly or indirectly available to consumers.” Id. § 2301(4). A “written warranty” is (A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or (B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product. Id. § 2301(6). 12 See Janet W. Steverson, The Unfulfilled Promise of the Magnuson-Moss Warranty Act, 18:1 LEWIS & CLARK L. REV. 155, 168 (2014). 13 15 U.S.C. § 2303(a). 14 Id. 15 Steverson, supra note 12, at 168. 16 See 16 C.F.R. § 702.3. 17 15 U.S.C. § 2304(a). 18 Id. § 2301(10) 19 Id. § 2304(b)(1). 20 Id. § 2308. 21 Id. § 2310(d). 22 Id. § 2310(d)(1)(B). 23 Steverson, supra note 12, at 178. 24 Suber v. Chrysler Corp., 104 F.3d 578, 588 n.12 (3d Cir. 1997) (citing 15 U.S.C. § 2301(d)). 25 15 U.S.C. § 2310(d)(2).
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REAL ESTATE
Think Before You Buy
Consider these tips before you commit to buying a timeshare
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he infamous high-pressure sales tactics are enough for some people to avoid timeshare presentations like the plague—but it is even worse when you view timeshares from an investment perspective. Instant decrease in value Nobody would buy a stock or bond that behaved like a brand-new car, losing a significant chunk of its value the second you drive it off the dealer’s lot. Unfortunately, those who buy timeshares—as the investment opportunities the sales representatives claim they are—end up doing just that. The resale value of timeshares often drops to half or even lower in the second-hand market, making it a guaranteed money loser. Lack of liquidity The aforementioned price drop is due to the perpetual glut of people trying to get rid of their timeshares while buyers are few and far between. The only way to catch the eye of a buyer is to offer a bargain, so your choice ends up being taking a hefty loss or resigning yourself to a long wait. During the wait, you still have to pay all the annual fees and mortgage costs as usual. Broker scams Since there is a large group of people trying to get rid of their timeshares, a specialized breed of scam artist has surfaced to prey on frustrated sellers. The scam artist approaches the seller posing as a broker, guaranteeing sale in a certain number of days. All he needs is a reasonable up-front fee that will of course be refunded, should the promised sale not occur. The sale—and the refund—both fail to materialize. Poor rental prospects Since you own the property (a part of it, at least), you may be able to rent out the timeshare to others. While this may sound good in theory, there are some obstacles. For starters, finding willing renters may be easier said than done. Just as the normal
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state is to have a buyer’s market, there’s a perpetual renter’s market for timeshares. The rates you can demand are unlikely to recoup your annual costs. There may also be restrictions on your ability to rent out the place buried in the fine print. Finally, any damages or unusual wear and tear caused by the renters may be coming out of your pocket, rendering the whole ordeal a net loss. High and uncontrollable expenses The annual maintenance fee alone typically runs over $500 and there’s rarely any cap to future increases. That means your $500 annual fee for a one-week stay can become $1,000 before long. Opportunity cost For example, if you put $10,000 into a timeshare, it is easy to use that static price tag as the reference point for your investment going forward. If you manage to sell the timeshare 10 years later, the natural thing is to compare the proceeds of the sale with that initial $10,000 to determine how much you lost. However, if you hadn’t bought that timeshare and the $10,000 remained in a bank account or you invested it in a mutual fund, you would have received interest, dividends or value increase during those 10 JANUARY 2016
years. If you sold your timeshare for $8,000, you not only took a loss of $2,000, you also missed out on 10 years’ worth of investment return elsewhere. The cost of flexibility Having a place in Florida or Hawaii may seem great, but many discover that going to the same spot year after year gets rather boring. To fix this, there are companies offering point swap clubs, where timeshare owners get points according to destination popularity, which they can trade for other timeshares. The catch is that members pay another fee for joining the club and a timeshare owner in a less popular area may find that the exchange rate is so poor that he or she can barely scrape together a vacation week in the off season anywhere. Marc Demetriou, CLU, ChFC is a branch manager and mortgage consultant at Residential Home Funding Corp. He received an NJBIZ Forty Under 40 Award in 2005 and is ranked as one of the 25 Most Connected Mortgage Professionals in the USA. He is also the co-host of The Real Estate and Money Show.
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Helping People Meet Life’s Challenges
COMMUNITY ENGAGEMENT
Meadowlands Basket Brigade
Annual event delivers over 200 Thanksgiving Baskets to local families
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he Meadowlands Contractor and Building Services Committee hosted its annual Basket Brigade on November 22 at the North Jersey Friendship House in Hackensack. Over 180 volunteers from local organizations donated their time to assemble over 225 baskets. These baskets were then delivered directly to local families and charities to help those in our community who may not be able to have a traditional Thanksgiving meal. The Basket Brigade serves many families, individuals and organizations such as the Secaucus Veterans Center, the North Jersey Friendship House in Hackensack and Saint Anne’s Soup Kitchen. Each basket was filled with a turkey, stuffing, potatoes, gravy, corn, green beans, sweet potatoes, cranberry sauce, a pumpkin pie, juice boxes, tangerines, brownie mix, Hershey kisses, fresh rolls and butter and a special Thanksgiving message. This year marked a total of 1,500 baskets delivered since the Meadowlands Basket Brigade began four years ago in the wake of Hurricane Sandy. “The real reward for the volunteers is the feeling they get when they deliver a basket to someone who has been struggling and see how deeply touched they are that someone reached out to help them in their time of need,” said Anthony Guzzo, who serves on the Meadowlands Contractor & Building Services Committee. “The Committee can’t thank our Chamber members enough who year after year have purchased individual baskets and allow us to keep this event going. A special thank you to Mr. Larry Inserra Jr. of Inserra Supermarkets who generously donated the majority of our basket items this year and the Friendship House who has graciously hosted this event for us the past couple of the years.” The committee has already begun discussing details for next year’s Basket Brigade, so stay tuned for more information on how you can get involved. 42
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HEALTH & WELLNESS
Encouraging Fitness In The Workplace Why fitness is Important for productivity & how to get started
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f you are reading this at work, stand up for a while. In fact, between each paragraph, touch your toes or read this article while taking a walk around the cubicles. Leadership experts, industry influencers and productivity gurus all agree: a fit workplace is a productive workplace. Even a little bit of movement on the job can make a big difference in how you feel and ultimately how you work. Given how critical exercise is to your overall health, it is not surprising that top companies like Google, Hootsuite, Kraft Foods and Microsoft—just to name a few—have on-site gyms or pay for their employees’ fitness memberships. These corporate giants not only encourage their employees to workout, they even pay them to exercise by facilitating mid-day gym breaks. Why? The answer may surprise you: there is built-in ROI. A study from the University of Minnesota has shown that exercise is good for both your health and overall productivity. Treadmill desks were installed at one firm and a boost was seen in both quality and quantity of work. As an added bonus, employees also became more physically fit! But how do you encourage employees to squeeze fitness into their already busy lives? An easy way is to incorporate a Wellness Plan for your office that offers incentives to employees that get moving. Here are some tips to get started:
Appoint a health ambassador to assemble a wellness team Under the guidance of human resources or other management, this ambassador can develop a list of wellness activities that your employees can incorporate into their daily routine. • Take a short walk at lunch • Stand up and stretch every two hours • Add a healthy recipe to the community board • Organize monthly pot-luck lunches with healthy dishes • Attend a weekly lunchtime exercise class • Hold walking meetings instead of sitting around a conference table • Create a community board where people can share their fitness ideas and health tips • Add a health and wellness section in the company newsletter, focus on topics like “What Works For Me”
Track employee performance
The person with the most accomplishments every month could receive a gift card or other prize. Another way to get employees to work out is to sponsor their gym memberships, whether in whole or partially. Employees who work out together forge a camaraderie that carries into the workplace, making for better team-building experiences—and more productive employees. Most gyms will work with corporations to offer discounts and
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easy payroll deductions to make the process streamlined. There are tax benefits to the company as well. Compare the costs and benefits of running an in-house program versus underwriting employees’ gym memberships. A combination of the two might also work best.
Get fit today!
The key is to do something to start the process. Once a process is put in place, it is both easy and fun to incorporate fitness into the work day! JoAnn Merklinghaus is a corporate sales consultant with King’s Court Health & Sports Club in Lyndhurst, NJ. She is also a certified fitness instructor and can be reached at (201) 310-5161. King’s Court is a family-owned, state-of-the art health club that recently underwent a multi-million dollar renovation. A fixture in Lyndhurst for over 30 years, the facility has two levels of the latest fitness equipment, including full weight rooms, 60 weekly fitness classes in addition to yoga, Zumba and boxing. King’s Court has a pool, basketball courts, turf field and free babysitting. Visit www. kingscourtnj.com or call (201) 460-0088 for more information.
SMALL BUSINESS CORNER
Special Business Designations
Programs available to help diverse business owners procure contract work
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here are a variety of programs to help diverse groups of business owners procure work from government and private entities. For the record, the business registration process for women, minority, and service-disabled veterans does not differ from the standard process all businesses follow. You still need to register your business, obtain pertinent certificates, licenses and permits in order to legally operate. While the designations are not necessary, applying for these designations can provide a wealth of additional opportunity for your business both in the government and private sectors. Certain government contracts are set aside for businesses with these designations on the federal and state levels. For more information on how to become eligible for set-aside federal government contracts, see this guide from the U.S. Small Business Administration (SBA) on Government Contracting Certification: www.sba.gov/content/register-government-contracting. In addition to the federal government, New Jersey state government offers a wide variety of opportunities for small businesses to compete for government contracts. The state’s Business Portal can provide business with information on procuring government contracts: www.nj.gov/njbusiness/contracting. It is important to note that this application process is a large time investment. Requirements are very stringent and must be met entirely at the time of the application. Start the process as soon as possible! If you think you may want to get certified in the future, it is advisable that you create a binder when your company is young and start storing all the necessary documents— such as your incorporation paperwork—for the application processes. Service Disabled Veteran Owned Business (SDVOB) eligibility In order to be eligible for the Service-Disabled Veteran-Owned Small Business Concern Program (SDVOSBC), the Ser-
vice Disabled Veteran (SDV) must have a service-connected disability that has been determined by the Department of Veterans Affairs or Department of Defense. Your business must be at least 51 percent owned and controlled by a SDV—and the SDV must hold the highest officer position in the SDVOSBC. For more information on eligibility and the application process for this program, visit: www.sba.gov/sdvosb. Woman-owned small business eligibility To be eligible, your business must be at least 51 percent owned and controlled by one or more women. The women must be U.S. citizens. The business must be “small” in its primary industry in accordance with SBA’s size standards for that industry. For more information on eligibility and the application process for this program, visit: www.sba.gov/content/womenowned-small-business-program. Minority-owned business eligibility Some minority groups are presumed to be socially and economically disadvantaged and can qualify for the 8(a) program. These groups include: African Americans, Hispanic Americans, Native Americans, Alaska Native Corporations, Indian Tribes, Native Hawaiian Organizations and Community Development Corporations, Asian
Pacific Americans and Subcontinent Asian Americans. Individuals who are not members of one or more of these groups can be considered for the 8(a) program, but they must provide substantial evidence and documentation that demonstrate they have been subjected to bias or discrimination and are economically disadvantaged. For more information on eligibility and the application process for this program, visit: www.sba.gov/content/minority-owned-businesses. In addition to working with government agencies, you can register your business with non-government organizations and certification agencies. Each certification body offers different benefits for those who qualify, including business fairs, networking opportunities, training programs, financing options and more. For example, the Minority Business Development Agency directs minority business owners to the National Minority Supplier Development Council where they can register their business as a certified minority-owned business and take advantage of the benefits.
MEADOWLANDS USA
Mariama Bramble is a contributor to the SBA’s blog which can be found at www.sba.gov/blogs.
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SMALL BUSINESS CORNER
Business Dashboards Making sense of data & monitoring progress
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ata is everywhere today. Yet, the situation reminds me of that old saying, “Water, water everywhere, but not a drop to drink.” Yes, you may be floating in an ocean of data, but that data won’t help you if it’s not usable. That’s where business dashboards come in. They help bring data together in one easy-to-view place, so you can use it more readily. Here are 10 ways that small business owners are using dashboards today: 1. Stay on top of sales with real-time data The problem with reports is that often there is a lag between when something happens and when the report is run. A dashboard can be set up to give real-time insights, such as for sales forecasts. By seeing how orders are trending right now, you may be able to take quicker action than waiting until the end of the month for a report to find out that sales are down. 2. Jump on receivables faster Your DSO (days sales outstanding) rate is a crucial indicator to make sure you are 46
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collecting receivables promptly. By having a running calculation updated each day, your receivables will stay top of mind and you are prompted to act on them. 3. Unlock previously unknown insights for new opportunities How often do you run into data that is one software system, but not in another? You may have information in your email marketing application that never gets connected with your sales system. By pulling data into a single place, and with use of some analytical tools, you may be able to spot opportunities you couldn’t “see” before. 4. Serve customers better Companies may have data signaling customer satisfaction issues. The problem is, the information may be scattered in several systems such as the help desk system and invoicing system. But the dots may not be connected or seen by the right people. With a dashboard you may be able to connect cause-and-effect or related impacts to spot and resolve customer issues. JANUARY 2016
5. Save time monitoring social media Social media is powerful, but a common complaint is how much time it takes. Save time by picking a few key metrics and then monitoring those in a single dashboard. Hootsuite, for instance, allows you to monitor up to 30 social platforms from one place. Other platforms, like Dasheroo, enable you to monitor numerous social signals along with other critical business data. 6. Manipulate data quickly Have you ever wanted to know just one more thing about some information? What if you could ask a question in everyday language and get the answer? Today’s newer tools are starting to do that. One example is Microsoft’s Power BI. Many dashboards offer different views at the push of a button, so that you can see different time frames, different metrics, and so on—all almost instantly. 7. Manage smarter by seeing “more”
They say a picture is worth a thousand words. Wouldn’t you rather view some-
thing in a beautiful chart, as most dashboards offer, than wade through a detailed spreadsheet? Visualizing data is not just about prettiness. Charts and graphs often pack a more powerful punch because they highlight important data better. In a spreadsheet or narrative report, important points can be buried in extraneous detail. In a graph they stand out. 8. Save staff time With a dashboard, you or someone on the team doesn’t have to run around logging into various applications digging into data. If your business is anything like mine, you probably have 20 to 30 applications with business intelligence. Accounting software, inventory management, sales order system, invoicing, payroll, Google Analytics, CRM, social media accounts and email marketing—to name a few. Key data can be automatically ported into one place. In turn you free up staff time that can be redeployed else-
where. Cyfe.com, for example, automates pulling in a lot of data into a single dashboard. 9. Cut down the number of reports A business dashboard does not completely replace all reports. Dashboards tend to give a high level view. Reports take a much deeper dive into the details. But how often today do you run reports when merely seeing the high level numbers would be sufficient? With a dashboard you can simplify your daily business life, by saving the reports for when you have time to dig into the details. 10. Use as a communications tool to align the entire team How often has this happened: you understand and see an alarming trend that needs to be reversed. But the rest of the team is not there yet in their understanding. Do what we do in our company: Review the dashboard in staff meetings. By doing so, you quickly get the whole
management team on the same page. Today’s business dashboards are easy to get started with. Many are cloudbased, meaning you do not have to install software on a server and instead you set up an account online. They feature builtin integration with popular software applications used by small businesses, so that all it takes is connecting the dashboard to them with a few clicks. They require nothing more than a couple of hours to get started. Anita Campbell manages several online communities and information websites, reaching over 6 million small business owners, stakeholders and entrepreneurs annually—including Small Business Trends, a daily publication about small business issues, andBizSugar.com, a small business social media site.
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HUMAN RESOURCES & OPERATIONS
Office Conflict
When fighting at work can be a good thing
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ometimes we try too hard to “play nice” with each other. At work, as in life, there will be times when we do not all agree. One of the major benefits of building a diverse team is to get different types of thinking around the table. That means, by default, there will be times when we disagree. The question is, is the occasional “fight” good for our organizations? The answers is yes, but of course it depends.
Friction is not warfare In most successful organizations that are pushing the boundaries there will be some tension and friction. But do not confuse tension and friction with “warfare.” Warfare has teams lining up on sides and fighting for “their side.” In warfare there are clear winners and losers. What is worse, in warfare there are casualties. At work—however we resolve our differences—at the end of the day after the debate finishes, we still need to work together. It is much better if there are no “dead bodies” to clean up. Here are a couple of conflict examples where friction can help a business: 1. Between sales in a quarter and the marketing vision for long term product positioning. 2. Between two engineering teams with two different ways to solve the same problem. There is probably no way of knowing which is the right answer— they both present choices. In both of these examples, the business needs to make choices and deploy resources. As you strive for the “best” answer, you need to be able to let multiple voices and opinions be heard. Let the disagreements happen but stop the warfare. Above all, transparency It has been my experience that most disputes at work are solved when someone brings transparency to the problem. A
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public and fair detailing of the facts often clears the air and shows that both sides have some validity to their views. A lack of transparency always causes more problems than it solves—and it can fester until it is hard to cure. If you are to encourage some conflict, you can avoid long term mistrust with transparency. Get both sides to “lay their cards on the table” so each can see all the facts. Remember that transparency also applies to how the final decision is made too. All sides need to understand what was decided and why. Not everyone is going to like what happened but they do have to agree to live with it. This will be impossible if there is no transparency and people believe things are being kept secret. The secrets, well meaning or not, create conspiracy thinking. Talk it out, comprise & move on The reality is that every conflict ends in one of three ways: victory, defeat or a compromise. In any organization, victories tend to be short lived and end up becoming battles in bigger wars. To avoid this, we need to make sure—whatever is decide—that you talk it out, comprise and move on. This can of course be difficult and even painful. Any strong debate means egos can be bruised and feelings are often hurt. In the end we need to help our team understand that it is not personal and we should stop them from making it personal. My mantra is “don’t make it personal or take it personally”—not always easy to do. One of the best ways to do this is to keep the team focused on the objectives of the company or project. Make sure everyone agrees what matters. Also, do not confuse compromise and consensus. Compromise assumes we all “give some ground” but consensus implies we have all agreed and accepted the outcome. Additionally, watch out for passive-ag-
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gressive behavior and stomp it out. You do not want a team that “perceived it lost” saying it will “go-along-to-get-along”— and then find them doing the opposite. Bottom line It would be incredibly naive to think there will be no conflict at work. While it might make you nervous, it is important to remember that conflict is everywhere—and it can be healthy if managed properly. If your team has some friction, make sure you help them resolve it in a way you can all move forward together. Nigel Dessau is a nationally award-winning marketing professional with over 25 years of experience leading corporate marketing and communications for several multi-million and billion dollar companies. He is the creator and driving force behind The 3 Minute Mentor website, which provides significant career guidance inthree minute videos. The site has thousands of subscribers from all over the world. Dessau’s book, Become a 21st Century Executive, is based upon episodes and concepts found in the 3 Minute Mentor. Learn more about the 3 Minute Mentor and Become a 21st Century Executive at www.the3minutementor.com or www.nigeldessau.com and connect with him on Twitter at @3minutementor and @nigeldessau.
INTERNATIONAL BUSINESS SPOTLIGHT
Expanding Our Horizons
New Jersey trade mission group travels to Panama to scope out business opportunities
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he Meadowlands Regional Chamber’s International Business Council sent a delegation of New Jersey business leaders to Panama in October for a fact-finding trade mission in a country that is critically integral to the global economy. The delegation collaborated with their Panamanian partner, The American Chamber of Commerce in Panama, to arrange 35 “matchmaking” meetings between the New Jersey delegation and representatives from local businesses in Panama. The interests of each participating organization was carefully assessed when arranging these meetings so that each individual delegate could scope out potential business opportunities in Panama—which has the second largest number of offshore-registered companies in the world after Hong Kong. The delegation met with businesses from a diversity of industries, including logistics, real estate, construction and legal. Panama has been a mainstay in logistics since the Panama Canal opened in 1914 and, more recently, its service sector is rapidly growing as well. As part of the trade mission, The American Chamber of Commerce hosted the delegation for a networking reception event which was attended by representatives from the U.S. Embassy in Panama, local media and private companies. The delegation also enjoyed the opportunity to meet with representatives from Langan Engineering, which is a Lyndhurst-based business and fellow Meadowlands Regional Chamber member. The firm has a regional office in Panama and has been integral in many large-scale development projects in Panama, including the U.S. Embassy Complex in Panama. WeiserMazar offered the delegation a sponsorship grant that helped to facilitate the matchmaking sessions, which took place on both the East and West Coasts of the Central American country. The delegation stayed in Panama City and the meetings took place in various parts of the country including the city, Colón Free Trade Zone and Panama Pacifico. The following New Jersey organiza-
tions participated in the trade mission trip: • Choose New Jersey • Made4Net • Fischer Porter & Thomas, P.C. • Ivy Realty • J.G. Petrucci Co., Inc. • Langan Engineering • Meadowlands Regional Chamber • NJ Business Action Center • WeiserMazar The Panama Canal has long established Panama as a key gateway point for global trade, and it is currently undergoing a $5.25 billion expansion that will double its capacity and allow for the transit of larger vessels through the canal. And though the canal is 5,000 miles away, New Jersey’s economy stands to benefit greatly from this vital development as it could gain shares of global commerce that are currently going to West Coast ports. To accommodate the anticipated growth, The Port Authority of NY & NJ is currently working on $743.3 million rebuilding project to raise the roadbed within the existing arch of the Bayonne Bridge
allow larger container ships to pass underneath and gain access to Port Newark. Some studies project that this expansion could potentially help Port Newark once again reclaim itself as the largest port in the world by activity, a title it last held in 1985. The group went to the Panama Canal and watched 100,000 tons of cargo pass through on four large-scale vessels. As a testament to the connection between the two economies, one of the vessels they saw was the YM New Jersey which was coming from Port Newark en route to the Pacific. The Meadowlands Regional Chamber’s International Business Council will continue to grow the relationship with Panama and will possibly send another trade mission there in the future, as well as host delegations from international businesses who have a presence in Panama. The group is also exploring other international locations for future trade missions. If you are interested in learning more about trade missions, please contact Joe Garavente from the Meadowlands Regional Chamber at JGaravente@meadowlands. org or (201) 939-0707.
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CHEFS OF THE MEADOWLANDS
Sleek & Sophisticated Seafood
Veteran chef serves up seasonal “top-of-the-catch” dishes
S
leek and sophisticated, The Oceanaire in Hackensack provides the perfect setting to enjoy the freshest seafood flown in daily from around the world. As their veteran, award-winning chef Carlos Valdez reports, they only serve “top-of-the-catch” fish from the world’s most reputable suppliers. We recently interviewed Chef Carlos to better understand the inspiration behind the award-winning dishes served to local foodies, gourmands and locavores alike. When did you know you wanted to be a chef?
I knew I wanted to become a chef at a young age when I began trying to improve my mom’s cooking—it did not go over very well at first! Eventually, my mom gave me the choice of cooking an alternative dish or allowed me to be involved somehow in future meals. You can say she gave me my first gig. What is your favorite food to eat?
My favorite food to eat is anything in “taco” form. I love tacos. They’re portable, which is perfect for a chef who sometimes has to eat while standing up against a metal fixture in the kitchen. What dish do you recommend at The Oceanaire Seafood Room?
I recommend our Shrimp and Grits. We add an elevated take on an already hearty, feel-good Southern dish and the result is truly spectacular. If you don’t like it, you may need to go to the doctor and get your taste buds checked! What is your favorite dish to cook and why?
I don’t have a specific dish that’s my favorite, but I do enjoy anything that involves the slow-cooking method. I love how flavors intensify over time. I especially enjoy seeing the transformation of something that most people might see as ordinary into one of the best dishes they could ever eat—all by simply giving it enough time to cook. What is the inspiration behind the food you cook?
My inspiration is not always poetic. It comes in 50
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different forms. It can be based on what is available at a moment’s notice, what is available in season or depending on a surprise request. Don’t get me wrong, we plan seasonal specials methodically but there is no formula. Sometimes you look through the pantry and things stand out depending on weather, season, accompanying protein, etc. I like to keep it simple—a few ingredients that work well together but don’t mask the star on the dish. What do you do to ensure the quality of the food going out to your customers?
It’s important to have a good system in place. We have a check list for different steps of operation to keep quality and presentation consistent. And of course, a well trained staff with a passion for the culinary arts is equally as important. We harvest people that care a great deal about perfecting their craft every day versus just showing up to do a job.
About Chef Carlos
Chef Carlos Valdez’s culinary career has taken him from coast to coast and around the globe—where he has worked under some of the world’s top chefs. A graduate of Johnson & Wales College of Culinary Arts, Carlos apprenticed in Europe under renowned Master Chef Graham Tinsley at Castle Hotel Conwy, a Michelin starred brasserie. After returning to the United States, Carlos spent eight years with the acclaimed Hillstone Restaurant Group, working from New York City to Napa Valley. After a stint at Halcyon Seafood Brasserie in Montclair, New Jersey, Carlos opened his own restaurant The Red Hen Bistro, a French-American café in Wood-Ridge, New Jersey. About The Oceanaire Seafood Room
At The Oceanaire Seafood Room, our commitment to freshness sets us apart from the rest. Our knowledgeable staff
will delight you with exceptional service—guiding you through the wide variety of items on our menu and helping you select the perfect wine to complement your meal. We are also known for our comfortable dining and award-winning service. The Oceanaire has a sleek ambiance with a modern feel, offering guests the ultimate upscale dining experience that The Oceanaire has become known for. The Oceanaire is a great place for entertaining. We specialize in making all of your occasions — business lunches and dinners, company functions, special celebrations, holiday parties and more—unique and unforgettable with our exquisite menu and superior service. Join us today for lunch or dinner and find out why The Oceanaire has been voted one of the best seafood restaurants in the country. Visit www.theoceanaire.com or call (201) 343-8862 for more information.
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TECH TALK
Disruptive Technology
The cycle of adopting new technology: from laggards to innovators
T
he theory of disruptive innovation (or technology) was first coined by Harvard professor Clayton M. Christensen in his research on the disk-drive industry, and later popularized by his book The Innovator’s Dilemma, published in 1997. This theory explained the phenomenon by which a certain new method, idea or product based on a whole new framework or paradigm fundamentally transformed the existing market or sector by introducing something (e.g., more simplicity, convenience, accessibility, affordability, etc.) that unexpectedly attracted customers who previously embraced the existing method, idea or product. Hence, the word “disruptive” was applied as a qualifier to the technology. Yet, not all customers embraced this disruptive technology simultaneously. Everett Rogers identified five unique “personas” (customer types) in his 1962 book Diffusion of Innovations who tend to adopt disruptive technology at different times across 5 phases of a life cycle (“TALC”): Innovators, Early Adopters, Early Majority, Late Majority, and Laggards based on their respective threshold or tolerance for risk/uncertainty over time. If we were to graph these groups, we would see the standard bell shape curve as illustrated and defined below:
Innovators (2.5%): Innovators are the first individuals to adopt an innovation. Innovators are willing to take risks, youngest in age, have the highest social class, have great financial lucidity, very social and have closest contact to scientific sources and interaction with other innovators. Risk tolerance has them adopting technologies which may ultimately fail. Financial resources help absorb these failures. Early Adopters (13.5%): This is the second fastest category of individuals who adopt an innovation. These individuals have the highest degree of opinion leadership among the other adopter categories. Early adopters are typically younger in age, have a higher social status, have more financial lucidity, advanced education and
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are more socially forward than late adopters. Early adopters are more discrete in adoption choices than innovators. Realize judicious choice of adoption will help them maintain central communication position. Early Majority (34%): Individuals in this category adopt an innovation after a varying degree of time. This time of adoption is significantly longer than the innovators and early adopters. Early Majority tend to be slower in the adoption process, have above average social status, contact with early adopters and seldom hold positions of opinion leadership in a system. Late Majority (34%): Individuals in this category will adopt an innovation after the average member of the society. These individuals approach an innovation with a high degree of skepticism and after the majority of society has adopted the innovation. Late Majority are typically skeptical about an innovation, have below average social status, carry very little financial lucidity, are in contact with others in late majority and early majority, and possess very little opinion leadership. Laggards (16%): Individuals in this category are the last to adopt an innovation. Unlike some of the previous categories, individuals in this category show little to no opinion leadership. These individuals typically have an aversion to change-agents and tend to be advanced in age. Laggards typically tend to be focused on “traditions”, likely to have lowest social status, lowest financial fluidity, be oldest of all other adopters, are in contact with only family and close friends, and possess very little to no opinion leadership. In 1991, Geoffrey Moore published the 1st edition of his landmark marketing book Crossing the Chasm (revised in 1999 and again in 2014) with real-world examples of Rogers “TALC” research model in adopting disruptive technology with a significant revision: He asserted that a chasm or “gap” existed between the early adopters of the product (the technology enthusiasts and visionaries) and the early majority (the pragmatists) as illustrated below:
Moore believed that enthusiasts/visionaries (Innovators and Early Adopters) and pragmatists (Early Majority, Late Majority, and Laggards) had very different expectations—and he attempted
to explore those differences and identify techniques to successfully overcome the challenges of crossing the “chasm” including choosing a target market, understanding the whole product concept, positioning the product, building a marketing strategy, choosing the most appropriate distribution channel and pricing. A classic example of disruptive technology in the 20th century was the personal computer (originally called the “microcomputer”) in the late 1970s and early 1980s. I recall that, in 1985, I decided to take a chance and purchased a 2X “turn-key system” manufactured by Kaypro for about $750 that included: • A 9” (diagonal) monochrome monitor (green) • Two 64K floppy-disk drives • Embedded in a CPU running CPM-86 as an operating system • Three software applications (WordStar, DataStar, and MailMerge) • A full-function, daisy-wheel printer with a serial interface cable. I believe I was an “Innovator” back then because I was willing to the “chance” on the disruptive innovation even though it was still evolving. The chance I took was that the Kaypro’s cheaper CPM-86 operating system would eventually end up becoming a “standard” for microcomputers. But, alas, it did not and I turned out to be wrong. Instead, the more expensive but comprehensive IBM PC-DOS based on the IBM Personal Computer (XT and AT) prevailed. So, by 1988, I sold my Kaypro 2X turn-key system at a yard-sale for $350 so that I could purchase an IBM-compatible “knock-off” (without the software and the printer) for $1,000 that used PC-DOS and had 512K RAM, a single floppy drive and a hard-disk that held 1 Meg of peripheral storage. Wow, now THAT was disruptive technology back then! Yet, what had been “disruptive” in 1985 had quickly became “blasé” by 1988! What about you? Which type of customer (“persona”) are you when it comes to adopting “disruptive technology” or “disruptive innovation”? Do you have your own story to share with the MRC Technology Committee? If so, please submit it to me for a future column at: bill. ruggles@rugglesllc.com. William S. Ruggles is a member of the MRC Technology Committee. He is COO
Disruptive Technology What is it?
A disruptive technology is one that displaces an established technology and shakes up the industry or a ground-breaking product that creates a completely new industry. Disruptive technology lacks refinement, often has performance problems because it is new, appeals to a limited audience and may not yet have a proven practical application.
What is the importance of Disruptive Technology?
Large corporations have trouble capitalizing on the potential efficiencies, cost-savings or new marketing opportunities created by low-margin disruptive technologies. It is not unusual for a big corporation to dismiss the value of a disruptive technology because it does not reinforce current company goals—only to be blindsided as the technology matures, gains a larger audience and market share and threatens the status quo.
Examples:
Uber & Lyft disrupted taxis and has caused cities to consider outlawing them to protect taxis. Taxis in NYC took over a year to get their own app. Airbnb disrupted the hotel industry. For about the same price as a hotel, you can rent a whole apartment or house for a weekend, week or season rather than stay in a room. Square, Go Payment and others have disrupted the banking industry demand for small businesses to use merchant accounts.
and Managing Partner of Ruggles2 LLC, a management consulting firm specializing in continuous performance improvement for medium and large organizations, both for-profit and nonprofit. Previously, he was an Adjunct Professor at Stevens Institute of Technology in Hoboken and the Deputy Chief Technology Officer for Workforce Enhancement for the State of New Jersey in Trenton. He can be reached at
bill.ruggles@ruggles2llc.com. Nina R. Johnson is Co-Founder at Singularity LLC, which strengthens, grows, and secures businesses with technology. She attended Stevens Institute of Technology and New Jersey City University and her areas of expertise are social media, website design, marketing, networking and technology solutions.
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MEADOWLANDS RESTAURANTS & DINING
Al Di La Italian Bistro East Rutherford 201.939.1128
Boogie Woogie Bagel Boys Weehawken 201.863.4666
Chili’s Restaurant Secaucus 201.319.0804
Gabriel’s Grill and Bar Hasbrouck Heights 201.288.9600
Il Cafone Lyndhurst 201.933.3355
Annabella’s Fine Foods, Inc. East Rutherford 201.804.0303
Buffalo Wild Wings Secaucus 201.348.0824
Chipotle Mexican Grill Secaucus 201.223.0562
Gainville Cafe Rutherford 201.507.1800
Il Villaggio Carlstadt 201.935.7733
Giovanni’s Restaurant Elmwood Park 201.791.3000
Jack Austin’s Eat and Drink Weehawken 201.348.4444
Bagels Plus & Deli Secaucus 201.330.0744
Café Four Fifty Five Secaucus 201.864.5391
Bareli’s Secaucus 201.865.2766
Café Matisse Rutherford 201.935.2995
Bazzarelli Restaurant & Pizzeria Moonachie 201.641.4010
Caffe Capri East Rutherford 201.460.1039
Bel Posto Hackensack 201.880.8750 Biggies Clam Bar Carlstadt 201.933.4000 Bistro Six-Five Zero Hasbrouck Heights 201.288.6100 Bonefish Grill Secaucus 201.864.3004
Chit Chat Diner Hackensack 201.820.4033 Colonial Diner Lyndhurst 201.575.1696
Good Chinese Kitchen North Bergen 201.295.0806
Cosi Secaucus 201.330.1052
Candlewyck Diner East Rutherford 201.933.4446
CUPS frozen yogurt that’s hot Secaucus 201.351.5140
Carrabba’s Italian Grill Secaucus 201.330.8497
Dunkin Donuts/Subway Secaucus 201.206.6660
Chart House Weehawken 201.348.6628 Cheeseburger In Paradise Secaucus 201.392.0500
Elegant Desserts Lyndhurst 201.933.0770 Flaming Grill & Supreme Buffet East Rutherford 201.438.1115
Fresh Fish. Flown in Daily. Experience our spectacular new location with contemporary décor and indulge in tantalizing chef creations, exceptional wines and exquisite desserts. Call or visit us online and make your reservation today.
The Shops at Riverside 175 Riverside Square Mall • Hackensack, NJ 07601 201.343.8862 • theoceanaire.com
Jerry’s of East Rutherford East Rutherford 201.438.9617
Harold’s New York Deli Lyndhurst 201.935.2600
Kilroy’s Sports Bar Carlstadt 201.896.8900
Houlihan’s Hasbrouck Heights 201.393.9330
La Reggia Ristorante Secaucus 201.422.0200
Houlihan’s Secaucus 201.330.8856
Little Italy Cafe Secaucus 201.348.1400
Houlihan’s Weehawken 201.863.4000
Marco Polo Pizza/Breakfast Grill Weehawken 201.863.0057
I Am Cupcakes Little Ferry 201.440.4249
Martini Grill Wood-Ridge 201.393.2000
PRIME STEAKS. LEGENDARY SERVICE. Prime Steak • Fine Wine • Exceptional Menu
The Shops at Riverside One Riverside Square • Hackensack, NJ 07601 (201) 487-1303 • mortons.com/hackensack MEADOWLANDS USA
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MEADOWLANDS RESTAURANTS & DINING
Medieval Times Dinner Tournament Lyndhurst 201.933.2220
Morton’s Steakhouse Hackensack 201.487.1303 Muscle Maker Grill Lyndhurst 201.935.6644 Nanina’s In The Park Belleville 973.751.1230 New China Inn Rutherford 201.438.0234 Oceanos Restaurant Fairlawn 201.796.0546 Olive Garden Secaucus 201.867.3543
Panera Bread Secaucus 201.348.2846
Ruth’s Chris Steak House Weehawken 201.863.5100
Subway Hasbrouck Heights 201.727.0373
Penang Malaysian & Thai Cuisine Lodi 973.779.1128
Sabor Latin Bistro Weehawken 201.943.6366 Saladworks East Rutherford 201.939.8886
Subway Weehawken 201.865.2500
Perkins Restaurant and Bakery Lyndhurst 201.934.9100 Pink at Meadowlands Racing and Entertainment East Rutherford 201-843-2446 Redd’s Restaurant & Bar Carlstadt 201.933.0015 Red Lobster Secaucus 201.583.1902 Rutherford Pancake House Rutherford 201.340.4171
Outback Secaucus 201.601.0077
Subway Secaucus 201.325.0300
Sal’s Good Eats Teterboro 201.375.4949
Subway North Bergen 201.869.4469
Segovia Restaurant Moonachie 201.641.4266
Taverna Mykonos Elmwood Park 201.703.9200
Son Cubano at Port Imperial West New York 201.399.2020
The Balcony Carlstadt 201.933.0071
Starbucks Coffee East Rutherford 201.438.0584
The Crow’s Nest Hackensack 201.342.5445
Stefanos Mediterranean Grille Secaucus 201.865.6767
The Oceanaire Seafood Room Hackensack 201.343.8862
THE ONLY THING WE OVERLOOK
is this...
SEAFOOD • STEAK • PRIME RIB
The Power Of
The Original Pita Grill Hoboken • 201.217.9777 Thistle Restaurant Lyndhurst • 201.935.0004 Tokyo Hibachi & Buffet Secaucus • 201.863.2828 Urban Plum Secaucus • 201.520.0574 Varrelman’s Bakery Rutherford • 201.939.0462 Vesta Wood Fired Pizza and Bar East Rutherford 201.939.6012 Victory Sports Bar and Club at Meadowlands Racing and Entertainment East Rutherford 201-842-5101 Volares Restaurant Rutherford • 201.935.6606 Waterside Restaurant and Catering North Bergen • 201.861.7767
ISSUES
Visit www.meadowlandsusa.com to view our media kit and editorial calendar Every issue of Meadowlands USA magazine is packed full of useful information to help you grow your business and to help other businesses find you. Talk about value? With readership at an all time high you’ll receive great exposure while paying very affordable advertising rates, much lower than any other New Jersey business publication. It’s a great investment since each issue has a shelf life of two months and appears on our website Meadowlands.org at no additional cost to advertisers. For more information and a complete 2016 editorial calendar, please contact Martha Morley, Advertising Sales Director at (201) 493-7996. PIER D-T/LINCOLN HARBOR • WEEHAWKEN • 201-348-6628
SPECIAL EVENT SPACE FOR 30-500 GUESTS RESERVATIONS ONLINE AT CHART-HOUSE.COM
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Il Villaggio_Oct2015_V1_Il 10/20/15 4:29 PM Page 1
“A diamond in the shadow of the Meadowlands, old-style cuisine that never disappoints” Zagat Survey, America’s Top 1000 Italian Restaurants 2008
“Best of Award of Excellence” - Wine Spectator Magazine
Come experience Il Villaggio’s distinguished cuisine in our newly renovated restaurant Since 1979, Il Villaggio has been consistently providing guests with truly memorable dining experiences. Our menu specializes in classic northern Italian dishes, which include a wide variety of fresh fish & seafood specials that change daily. Complete your dining experience with our wide selection of homemade desserts. Il Villaggio caters to Bar/Bat Mitzvahs,Weddings, and Private/Corporate Events. Monday-Friday: 11:30 am -11:00 pm • Saturday: 5:00 pm - 12 Midnight Sunday: Private Events Only 651 Route 17 North, Carlstadt, NJ 07072 Telephone: 201.935.7733 • info@ilvillaggio.com • www.ilvillaggio.com
EVENT PLANNING & CATERING SERVICES 4 Wall New York Moonachie 201.329.9878
CeCe Productions, LLC Rutherford 201.672.0050
Fiesta Banquets Wood-Ridge 201.939.5409
Nanina’s In The Park Belleville 973.751.1230
SBI Productions Secaucus 201.939.6005
16W Marketing Rutherford 201.635.8000
Chit Chat Creative Caterers Hackensack 201.820.4033
Flyte Tyme Limousine Mahwah 201.529-1452
New Meadowlands Sportservice, Inc. East Rutherford 201.916.3568
Seasons Catering Washington Township 201.664.6141
AAA Giants Limousine & Car Service Secaucus 201.679.2860 Adam Leffel Productions / Petals Premier Event Design Hackensack 201.487.1300 Al Di La Italian Bistro East Rutherford 201.939.1128 Annabella’s Fine Foods, Inc. East Rutherford 201.804.0303 Any Excuse for a Party Fairfield 973.808.8700 Audience Pleasers Upper Montclair 888.283.7532 Bayway Catering Red Bank 908.862.3207 Brennan’s Secaucus MeadowlandsFlorist Secaucus 201.876.0580 Bounce Music & Entertainment Fort Lee 201.490.1091
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Classic Party Rentals Secaucus 201.809.4840 Content Party Rentals East Rutherford 201.623.0400 Culinary Conference Center At HCCC Jersey City 201.360.5303 DDM Production Jersey City 917.418.8625 Elan Catering & Events Lodi 973.777.0503 ELS Limousine Service Meadowlands Area 877.435.9733 Entenmann’s Florist Secaucus 201.864.2320
Freeman Kearny 201.299.7400 Garden Vista Ballroom Passaic 973.777.6655 Graycliff Catering Inc. (The Graycliff) Moonachie 201.939.9233 Heights Flower Shoppe Hasbrouck Heights 201.288.5464 In-Tents Party Rentals Wood-Ridge 201.282.2026 In Thyme Catered Events Rivervale 201.666.3353 Jimmy’s Artistic Creations East Rutherford 201.460.1919
NY NJ Car Service, LLC Lodi 201.283-9400 Outsource Incentive Consulting Corp. Lyndhurst 800.842.2855 Party Makers West New York 201.580.1736 Pegasus Worldwide Limousine Carlstadt 800.877.3427 Personal Touch Caterers Hackensack 201.488.8820 Pink at Meadowlands Racing and Entertainment East Rutherford 201-842-5013
Kismet Limousine Teaneck 973.876.3410
Positive Impact Partners East Rutherford 201.939.8601
Event Journal, Inc. Bethpage 516.470.1811
Meadowlands Exposition Center Secaucus 201.330.7773
Premier Entertainment East Rutherford 201.842.1698
Fabulous Foods Meadowlands Area 800.365.4747 NJ 212.239.6700 NY
Metropolitan Exposition Services Moonachie 201.964.1800
Saint Peter’s University Conferences & Events Jersey City 201.761.7414
Evelyn Hill Events New York 212.344.0996
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Showstoppers Plus North Brunswick 732.297.0031 Sireno Communications Sussex 973.875.4079 Smooth Sailing Celebrations Oak Ridge 973.409.4456 Statue of Liberty & Ellis Island New York 212.344.0996 Sterling Affair Caterers Carlstadt 201.372.0734 Stout’s Transportation Trenton 1.800.245.7868 Sweet Dreams Studio Photo Booth Madison 703.585.4704 The Balcony Carlstadt 201.933.0071 Victory Sports Bar and Club at Meadowlands Racing and Entertainment East Rutherford 201-842-5013 The Viv Experience Ridgefield 201.390.2311
MEADOWLANDS HOTELS & ACCOMMODATIONS AVE CLIFTON by Korman Communities Clifton 973.859.3200 Candlewood Suites Hotel Secaucus 201.865.3900 Clarion Hotel Empire Meadowlands Hotel Secaucus 201.348.6900
Econo Lodge Carlstadt 201.935.4600 Embassy Suites Hotel Secaucus 201.864.7300 Fairfield Inn by Marriott East Rutherford 201.507.5222
Holiday Inn Express Paramus 201.843.5400
Hyatt Place Fair Lawn/Paramus Paramus 201.475.3888
Holiday Inn Express Hotels & Suites Carlstadt 201.460.9292
La Quinta Meadowlands Suites Secaucus 201.863.8700
Holiday Inn George Washington Bridge Fort Lee 201.944.5000
Courtyard by Marriott Lyndhurst 201.896.6666
Hampton Inn at The Meadowlands Carlstadt 201.935 9000
Courtyard by Marriott Secaucus 201.617.8888
Hilton Garden Inn Ridgefield Park 201.641.2024
Days Inn North Bergen 201.348.3600
Hilton Garden Inn Secaucus 201.864.1400
DoubleTree by Hilton Fort Lee - GWB Fort Lee 201.461.9000
Hilton Hasbrouck Heights Hasbrouck Heights 201.298.2417
Homewood Suites by Hilton East Rutherford East Rutherford 201.460.9030
DoubleTree by Hilton Hotel & Suites Jersey City 201.499.2578
Hilton Meadowlands East Rutherford 201.896.0500
Hyatt Place Secaucus/Meadowlands Secaucus 201.422.9480
Holiday Inn Hasbrouck Heights Hasbrouck Heights 201.288.9600 Holiday Inn Secaucus Meadowlands Secaucus 201.348.2000
Marriott at Newark Liberty International Airport Newark 973.623.0006 Quality Inn Lyndhurst 201.933.9800 Red Roof Inn Secaucus 201.319.1000 Renaissance Meadowlands Hotel Rutherford 201.231.3100
Residence Inn Saddle River 201.934.4144 Saddle Brook Marriott Saddle Brook 201-843.9500 Sheraton Lincoln Harbor Weehawken 201.617.5600 Springhill Suites Newark 973.624.5300 Teaneck Marriott at Glenpointe Teaneck 201.836.0600 The Meadowlands River Inn Secaucus 201.867.4400 Westin Hotel Jersey City 201.626.2900
Residence Inn East Rutherford 201.939.0020
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DESTINATION MEADOWLANDS Recreation, Sports & Entertainment
Hackensack Riverkeeper Meadowlands Museum Rutherford Hackensack 201.935.1175 201.968.0808
AMF Wallington Lanes Wallington 973.773.9100
Harlem Wizards Secaucus 201.271.3600
Aviation Hall of Fame Museum of NJ Teterboro 201.288.6344
Kerasotes Showplace 14 Secaucus 201.210.5364
Bergen Performing Arts Center Englewood 201.816.8160
Liberty Science Center Jersey City 201.200.1000
Chuck E. Cheese’s North Bergen 201.861.1799 Field Station Dinosaurs Secaucus 855.999.9010 GolfTec-Englewood Englewood 201.567.0103
Make Wine with Us Wallington 201.876.9463 Meadowlands Area YMCA Rutherford 201.955.5300 Meadowlands Environment Center Lyndhurst 201.460.1700
Meadowlands Racing and Entertainment East Rutherford 201-843-2446 Medieval Times Dinner & Tournament Lyndhurst 201.933.2220 Nereid Boat Club Rutherford 201.438.3995 New Jersey Sports & Exposition Authority (Main Ticket Number) 201.935.8500 North Arlington Bowl-O-Drome 201.998.9621 NY Giants 201.935.8222
NY Jets 516.560.8100 NY Red Bulls Harrison 201.583.7000
Pole Position Raceway Jersey City 201.333.7223
River Barge Park Carlstadt 201.460.1700 Rock Spring Club West Orange 973.731-6464 Six Flags Great Adventure Jackson 732.928.2000 Smooth Sailing Celebrations Oak Ridge 973.409.4456 Statue Cruises Jersey City 201.432.6321 The Players Club Paramus 201.483.9690 World Golf Network RiverVale 973.509.3111 Youth1 Media Montclair 973.509.3111
Health, Fitness & Beauty
10% OFF Group & Corporate Events for Meadowlands Regional Chamber Members
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Alternative Two, Inc. Lyndhurst 201.729.1217 CKO Kickboxing Lyndhurst 201.438.5425
European Wax Center Rutherford 201.935.9299 King’s Court Health & Sports Club Lyndhurst 201.460.0088
Gucci Secaucus 201.392.2670 Heights Beer & Wine Emporium Hasbrouck Heights 201.426.0555
LA Fitness Signature Club Secaucus 201.751.9940
Raymour & Flanigan Secaucus 201.809.1353
Meadowlands Athletic Club Lyndhurst 201.933.4100 New York Sports Club Hoboken 201.222.5771 Planet Sun, Inc. Rutherford 201.941.6000 Simply Face & Body Ramsey 877.57.SIMPLY The DOJO Rutherford 201.933.3050 Title Boxing Club East Rutherford 201.933-2800
Retail & Outlet Shopping Best Buy Secaucus 201.325.2277 Calvin Klein Company Store Secaucus 201.223.9760 Country Whimsey Rutherford 201.438.0488 East Rutherford Jewelry Exchange East Rutherford 201.507.0009
Tommy Hilfiger Clearance Secaucus 201.863.5600 Westfield Garden State Plaza Paramus 201.843.2121
NEWS FROM THE MEADOW
Marc Demetriou Speaks at Mastermind Summit
TruBambu Announced As Meadowlands “Member Of The Year”
M
eadowlands Regional Chamber member Marc Demetriou, a trusted and respected mortgage banker and host of The Real Estate & Money Show, was a keynote speaker at The Mastermind Summit. The summit, which took place at the Borgata in Atlantic City from November 2-5, is the top-rated real estate and mortgage event in the USA. Demetriou spoke in front of a room of 1,200 realtors and shared information on his training course “How to Build an Incredibly Successful Referral Based Business.” Other keynote speakers that were in attendance to speak, along with Demetriou, were motivational speaker, Tony Robbins, Barbara Corcoran from Shark Tank and many others. Additionally, on November 5, Marc was on a Top Producer Panel in front of 1,200 mortgage originators and discussed his marketing and business development ideas and strategies. To view more information about the event, please visit mastermindsummit.com.
T
he Meadowlands Regional Chamber announced TruBambu as its “Member Of The Year” at the Annual Meeting Luncheon on November 12, 2015. TruBambu, a full-service “total technology” solutions consulting company, was selected from a pool of members who also received the “Member Of The Month” accolade in 2015. These awards are granted to member organizations that demonstrate exceptional community involvement, dynamic Chamber participation, active social media engagement, a solid business record and a commitment to their employees. Here are the “Member Of The Month” recipients in 2015: April: Bergen Volunteer Medical Initiative May: Comfort Guard Contracting LLC June: TruBambu July: Pole Position Raceway August: Archer & Greiner P.C. September: Red Roof Inn Plus October: Paradigm Associates LLC
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NEWS FROM THE MEADOW
MetLife Stadium to Host COPA America Centenario
Judith Ross Named Vice President at Meadowlands Regional Chamber & Meadowlands Liberty Convention & Visitors Bureau
T
J
he Confederation of North, Central America and Caribbean Association Football (CONCACAF), the South American Football Confederation (CONMEBOL) and the Copa America Centenario Local Organizing Committee (LOC) announced today that the New York/New Jersey region and MetLife Stadium have been selected as one of 10 U.S. metropolitan areas to host matches during the historic Copa America Centenario to be played from June 3-26, 2016, in the United States. The nine other host metropolitan areas and respective stadiums are: Boston (Gillette Stadium), Chicago (Soldier Field), Houston (NRG Stadium), Los Angeles (Rose Bowl), Orlando (Orlando Citrus Bowl Stadium), Philadelphia (Lincoln Financial Field), Phoenix (University of Phoenix Stadium), San Francisco (Levi’s Stadium) and Seattle (CenturyLink Field). Similar to the FIFA World Cup, each venue will host matches on multiple days through the tournament. Most venues will host at least three games. To be among the first to access tickets to this once-in-a-lifetime event, fans can visit www.CA2016.com. Due to the expected high demand for this premium soccer tournament, fans are urged to register early to guarantee access to information as it becomes available. More ticketing information will be released in the coming weeks. Chosen from among 24 candidates that originally submitted bids earlier this year, the stadiums passed rigorous standards – including minimum seating capacity of 60,000 and other world-class infrastructure requirements – in order to host matches of this high-profile tournament which is sure to draw multitudes of fans to venues across the country. “We are honored that Copa America Centenario has selected the New York/New Jersey region for this historic event that will showcase MetLife Stadium as a world-class venue for sports and entertainment,” said Brad Mayne, President and CEO of MetLife Stadium. “These games will be an unforgettable experience for the fans.”
udith Ross has been promoted to the role of Vice President at the Meadowlands Regional Chamber and Meadowlands Liberty Convention & Visitors Bureau. Judith has been with the organization for over 9 years, having started in 2006. She began with a membership development role, along with undertaking the initial start-up of the Meadowlands Liberty Convention & Visitors Bureau. Judith started her career at the Meadowlands Sports Complex in 1981, followed by 20+ years in the hospitality industry—always in and around the Meadowlands region. Judith will continue to assist President & CEO Jim Kirkos with major initiatives, while also focusing on internal programs to strengthen the organization.
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NEWS FROM THE MEADOW
INDEX OF ADVERTISERS
NJM Announces 2015 Special Dividend Payments to Policyholders
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AVE, www.aveliving.com.........................................................................................41
Bank Card Systems, www.bcspos.com......................................................................7 Berkeley College, berkeleycollege.edu.....................................................Back Cover Chart House, www.chart-house.com.......................................................................56
JM Insurance Company, one of New Jersey’s leading automobile insurers, announced in November that it is once again sending out special dividends payments to its approximately 434,000 personal auto insurance policyholders. These customers will share in $55 million, with average payments of $125 arriving in their mailboxes from late November through mid-December. The 2015 Special Dividend mailing was launched in a November at a special event at the NJM corporate offices in West Trenton, featuring a guest appearance by Carli Lloyd, MVP of the 2015 FIFA Women’s World Cup and NJM policyholder since 1999. “We are delighted for the 22nd year in a row to issue special dividend checks to our policyholders. NJM was founded in 1913 with a single focus – to serve our policyholders. Perhaps nothing demonstrates this commitment more than our dividends, under which every penny of underwriting profit goes back to our policyholders, not stockholders,” said Bernie Flynn, NJM President & CEO. The Special Auto Dividend is calculated on a basis of six percent of premiums paid during 2014, and is provided in addition to Regular Dividends offered at the time of policy renewal. The $55 million now being mailed is the largest Special Dividend provided to policyholders since 2008. NJM’s dividend legacy extends back to 1918, with a total return to policyholders that now approaches $5.8 billion. “NJM has a proven track record of providing exceptional service and consistently sharing its financial success with policyholders,” said Carli Lloyd. “My relationship with NJM as a policyholder has spanned 16 years, and they are truly the champions of auto insurance for New Jersey.”
Comprehensive Behavioral Healthcare, Inc., www.cbhcare.com...........................41 Eastwick College and the HoHoKus Schools, eastwick.edu/info....Inside Back Cover
Eighty6, www.theeighty6.com................................................................................43
Engineers Labor-Employer Cooperative, www.elec825.org....................................2 Ernst & Young, www.ey.com...................................................................................11
Fairleigh Dickinson University, fdu.edu/petrocelli.................................................31
Frank’s GMC, www.FranksGMC.net.........................................................................21 h323HD, Inc., www.h323hd.com...........................................................................13
Hunter Group, www.TheHunterGroup.com............................................................15
Il Villaggio, www.ilvillaggio.com...........................................................................57
Jewel Electric, www.jewelelectric.com....................................................................43 Kearny Bank, www.KearnyBank.com......................................................................21
MBAF, www.mbafcpa.com......................................................................................33 Meadowlands Racing & Entertainment, www.playmeadowlands.com..................19
Meadowlands Regional Chamber, www.meadowlands.org...................................51 Meadowlands Regional Chamber, www.meadowlands.org...................................59 MeadowlandsUSA, www.meadowlandsusa.com....................................................56
Morton’s Steakhouse, www.mortonsteakhouse.com.............................................55
NAI James E. Hanson, www.naihanson.com..........................................................5
Nanina’s In The Park & The Park Savoy, www.naninasinthepark.com......................61 Nick’s Towing Service, www.NicksTowingService.com............................................43 Oceanaire Seafood Room, www.theoceanaire.com................................................55
Overhead Door, www.DockNDoor.com...................................................................42 Paramount Exterminating, www.ParamountExterminating.com...........................21
Pole Position Raceway, www.polepositionraceway.com.........................................60 PSE&G, www.pseg.com...........................................................................................23 Ramapo College, www.ramapo.edu/certificates...............................................1 & 26 RotenbergMeril, www.rmsbg.com.........................................................................13 Scarinci & Hollenbeck, www.scarincihollenbeck.com.............................................35
United Water, www.unitedwater.com......................................................................7
Valley National Bank, valleynationalbank.com.............................Inside Front Cover WeiserMazars, www.WMexactlyright.com.............................................................13 XCEL Credit Union, www.XCELfcu.org.com.............................................................47
For more information on advertising in Meadowlands USA magazine or online advertising at www.meadowlands.org please contact Martha Morley at 201-493-7996 or email: greerentps@aol.com Call for new items! If your organization has news or announcements to share with our audience, please send to Joe Garavente at JGaravente@meadowlands.org or call 201-939-0707
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HVACR Technology
HVACR Technology
Welding and Funeral Machine Shop Service
Welding and Machine Shop
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