IMMEDIATE RELEASE                                     Contact: Caryn Shinske          (609) 984-1795
October 19, 2015                                                                Lawrence Hajna       (609) 984-1795                                                              Bob Considine         (609) 292-2994


(15/P92) TRENTON – In its ongoing efforts to protect the ecological health of Barnegat Bay, the Department of Environmental Protection today launched a pilot project to demonstrate simple steps waterfront property owners can take to help reduce populations of sea nettles, a type of stinging and highly predatory jellyfish that can diminish recreational enjoyment of the bay and create ecological imbalance.

The Barnegat Bay Bulkhead Blitz effort, held in the Silverton section of Toms River, is designed to educate those with docks and bulkheads that helping to keep stinging sea nettles in check is as simple as periodically scrubbing or power-washing the speck-sized polyps that adhere themselves to hard surfaces. These polyps then spawn into buds, which are released into the water in the spring and grow to become sea nettles in the summer.

“Sea nettle populations can become very problematic, especially in areas where the flow of water is restricted, such as lagoons,” said Dan Kennedy, DEP’s Assistant Commissioner for Water Resources Management. “Research conducted by Montclair University in partnership with the DEP shows that the need to control stinging sea nettles is becoming increasingly important – and that all property owners need to be part of the solution.”

The first-ever Bulkhead Blitz was conceived after the DEP reviewed the results of a three-year  DEP-funded research study about the presence of sea nettles in Barnegat Bay as part of the Christie Administration’s comprehensive action plan to address the bay’s ecological health.

The $283,000 study, conducted by Dr. Paul Bologna, Director of Marine Biology and Coastal Sciences at Montclair State University, determined that a higher density of sea nettles in the northern areas of the bay could expand southward, as well as into other New Jersey estuaries and coastal waters, potentially posing threats to other marine life. Currently, jellyfish are especially prevalent in Brick, Lavallette and Toms River.

Scrubbing the nettles off hard surfaces at this time of year prevents their full development for the next summer season and help curtail their spread to other parts of the bay.

“Worldwide, jellyfish are becoming more abundant and, in Barnegat Bay, the stinging sea nettle, although historically present, is becoming much more widespread,” said Thomas Belton, DEP Barnegat Bay Research coordinator. “Sea nettles are very tolerant of high nutrients, low dissolved oxygen, higher water temperatures and brackish waters, allowing them advantages over other aquatic animals. Preventative measures can be employed to assist in limiting available habitat for sea nettle settlement, which can help reduce their numbers.”

Lagoons are nutrient-rich and tucked-in waterways, meaning there is minimal tidal flow into and out of them, said Lynette Lurig, a DEP research scientist. Sea nettles, which are voracious eaters and thrive in nitrogen-rich waters, can be plentiful in these areas. Removing polyps now from bulkheads and floating docks in these areas is an important component to stemming next season’s jellyfish population, Lurig said.

Property owners in lagoon communities are encouraged to remove floating docks during the winter or clean them using a non-wire scrub brush or by powerwashing manmade bulkheads and docks below the low tide line to remove sea nettles. Detergents or other cleansers are not necessary during the scrubbing process. While today’s blitz occurred in Toms River, the DEP plans to eventually expand educational efforts to other areas of Barnegat Bay with high concentrations of polyps.

More information about the sea nettles research project, Dr. Bologna’s findings and other work being done to study Barnegat Bay will be presented at a 2015 Barnegat Bay Research Forum on November 17.

The forum, sponsored by the DEP and the Barnegat Bay Partnership, is scheduled from 9 a.m. to 3:30 p.m. at Ocean County College, 1 College Drive, in Toms River. For more information about the Bulkhead Blitz program or the November research forum, please email Lynette Lurig at

To learn more about the Christie Administration’s Comprehensive Action Plan to address the Ecological Decline of Barnegat Bay, please visit:


October 19, 2015

Contact: Lawrence Hajna       (609) 984-1795
Bob Considine          (609) 292-2994
Caryn Shinske          (609) 984-1795


(15/P91) TRENTON – The Christie Administration today proposed a significant overhaul to the state’s Water Quality Management Planning (WQMP) rule that will provide county and local planning agencies with common sense flexibility to maintain high standards of environmental protection while balancing opportunities for appropriate economic growth, Department of Environmental Protection Commissioner Bob Martin announced.

The Water Quality Management Planning rule requires local planning agencies to identify areas suitable for wastewater infrastructure based upon the ecological capacity of water bodies to accept future wastewater, as well as other environmental factors.

The proposed WQMP rule, published today in the New Jersey Register, will give county and local planning agencies more flexibility in making land-use decisions and evaluating environmental impacts when mapping areas suitable for wastewater infrastructure. It will also eliminate duplication of overlapping DEP regulatory requirements to provide for greater consistency and clarity as plans are developed.

“These revisions are consistent with the Governor’s goals of reducing unnecessary red tape while maintaining the high standards of environmental protection New Jersey residents expect,” Commissioner Martin said. “Through these rule changes, the DEP is adopting an approach to water quality protection that recognizes that sound planning can and does occur at the local level. We will foster better planning by providing county and local planners with the flexibility to consider a range of options to address issues and solve problems.”

“Through these changes, the DEP will be able to work collaboratively – not as adversaries – with county and local planning agencies, who know their communities best, to achieve the shared goal of sound planning policies that protect the ecologically sensitive areas that ought to be protected and direct development to where it is appropriate,” said Dan Kennedy, DEP’s Assistant Commissioner for Water Resources Management.

The DEP is concurrently proposing a related Capacity Assurance Program (CAP) rule to ensure that wastewater treatment systems avoid overloads that could result in discharges that don’t meet water quality requirements. While the WQMP rule takes a longer-term look at future circumstances and development, the CAP rule focuses on the near-term implementation of capital improvements or other measures to handle today’s flows.

The DEP has been meeting with stakeholders since 2012 to identify and correct numerous problems with the existing Water Quality Management Planning Rule, adopted by a previous administration in 2008. Many counties were unable to complete a requirement that they prepare extremely detailed wastewater management plans, which include detailed projections of growth and sewer capacity, in part because this required zoning impacts that could only be decided at the municipal level. This hampered the adoption of sewer service area mapping that is essential to sound planning and environmental protection.

This rule was also extremely complex, overly broad, lacked flexibility, was duplicative of existing planning requirements, and deterred economic growth in areas where development is appropriate. Despite additional guidance and time provided by both the Legislature and DEP, county planning agencies were having an extremely difficult time meeting deadlines and complying with the rule.

The current rule proposal has been deemed consistent with the goals of the State Development and Redevelopment Plan by the State Smart Growth Ombudsman.

Specifically the proposed rule will:

* Provide for comprehensive planning of water quality infrastructure to better protect the environment in the long term;

* Limit where sewers can be located, thus allowing denser development only in those areas that are not environmentally sensitive and where it is consistent with local zoning;

* Protect groundwater quality by setting goals for nitrate dilution from septic systems;

* Allow counties and other planning entities more flexibility in preparing water quality plans;

* Promote more cooperation between the DEP and counties in finding solutions to environmental issues;

* Allow for the continuation of approvals of sewer service area amendments consistent with environmental standards and local planning objectives;

* Defer to management plans for the Pinelands and Highlands concerning development decisions in those regions; and

* Enhance the DEP’s ability to resolve capacity issues at wastewater treatment plants.

County and local planning agencies will have a year following final adoption of the rule to adopt wastewater management plans. At its discretion, the DEP may choose to develop plans for any agencies that do not meet this deadline.

Today’s publication in the Register triggers a 60-day public comment period ending Dec. 18, 2015. Comments may be submitted electronically at or in writing to:

Gary J. Brower, Esq.
Attention:  DEP Docket Number 10-15-09
Office of Legal Affairs
New Jersey Department of Environmental Protection
401 East State Street, 7th Floor
Mail Code 401-04L; P.O. Box 402
Trenton, NJ 08625-0402

Public hearings will be held on the following dates:

Tuesday, Nov. 10, 1 p.m. to 4 p.m.
Freylinghuysen Arboretum
Haggerty Room
353 East Hanover Avenue
Morris Township, NJ  07962

Tuesday, Nov. 17, 5 p.m. to 8 p.m.
Gloucester County Clayton Complex
Clayton Auditorium
1200 Delsea Drive
Clayton, NJ  08312

Monday, Nov. 30, 10 a.m. to 1 p.m.
DEP Public Hearing Room
401 East State Street
Trenton, NJ  08625

For more information, including FAQs, guidance documents and the full versions of the WQMP rule proposal and concurrent CAP rule proposal, please visit:

Smart Hiring: Five Steps To Improve Your Hiring Success!

BreakthroughPerformance.TalentManagementHiring the right people is at the core of breakthrough performance.  As business owners and leaders we all know that this is a critical ingredient to the success of our organizations.   Our goal is to get the right people, with the right talents, delivering the right results.  I have communicated this goal in previous posts and will continue to stress how important this is to your success.

Does your current hiring process support this goal?  If you are experiencing any of these symptoms perhaps the answer is no:

  1. Voluntary turnover is increasing
  2. Your recent hires are not fitting well with your organization and its values
  3. Your onboarding process is ineffective, or doesn’t exist

For the full article please visit its original source at Bill Accordino’s Breakthrough Performance Leadership Blog at  You can also contact Bill directly at (732) 528-0320, or at

State Tax Trends – Part I

Single Sales Factor

Many states have recently been trending to changing corporate tax laws to shift the tax burden to out of state businesses in an attempt to attract corporations to open locations in the state and therefore create jobs.  States are accomplishing this shift in tax burden in a number of ways including adjusting the formula they use to allocate and apportion income, updating their income sourcing rules and providing tax credits and other incentives to in-state businesses.  We will explore some of these common law changes in a three part series beginning with our discussion on the single sales factor allocation.

Each year corporations must determine how much of their income will be subject to tax in each state based on each state’s allocation and apportionment formula.  Historically, most states have utilized a three factor approach to determine how much net income of a corporation would be subject to tax in the state.  This approach focused on the percentage of the business sales to customers in the state, the percentage of payroll paid to in-state employees, and the percentage of fixed assets (real estate owned or rented, equipment, furniture, etc) located in the state.  This method of allocating income results in more tax being paid by in-state corporations since they would have significant payroll and property factors due to their in-state location.  For example, under this allocation approach a corporation which has all of their property and payroll in the same state will automatically be subject to tax on two-thirds of their income even if they do not have a single sale to the customers in the state due to the 100% payroll and property factors.  Conversely, a corporation with no property or payroll in the same state but has sold all of its products to customers in the state would only be subject to tax on 33% of their income since their in-state payroll and property factors are zero percent.

Many states including New Jersey and New York have shifted to a single sales factor formula to remove the unfavorable payroll and property factors for resident companies.  This approach is designed to more accurately reflect the taxpayer’s economic income earned in each state as it only measures the volume of sales conducted in the state.  Additionally, by only measuring sales, the states changing to the single factor approach become a more attractive place to open a location compared to a neighboring state which may still utilize the historic three factor approach due to the potential state tax savings that can be achieved.

Len Nitti, CPA, MST


Wilkin & Guttenplan, PC

1200 Tices Lane

East Brunswick, NJ 08816

(732) 846-3000

NJ Clarifies Nexus Creating Activities Subject to Sales and Use Tax

The New Jersey Division of Taxation Regulatory Services Branch recently issued a Technical Bulletin regarding the guidelines that create a nexus in the state and subject an individual to the sales and use tax. 

This Technical Bulletin comes in response to a U.S. Supreme Court decision which held that a person must have an established physical presence in a state before that state’s government can impose sales tax, as stated in the Commerce Clause of the Constitution.

For the full article please visit its original source at,

Proposed Bill Would Create New Jersey Cybersecurity Commission – But is that enough?

Will we now have a New Jersey Cybersecurity Commission?

In the wake of the recent denial of service (DoS) attack that crippled Rutgers University, New Jersey lawmakers advanced legislation that would create the New Jersey Cybersecurity Commission. According to the bill, the purpose of the New Jersey Cybersecurity Commission is to “bring public and private sector experts together to make recommendations as to ways in which New Jersey may become both a leader in cybersecurity and improve its own cybersecurity infrastructure.”

For the full article please visit its original source at,

What’s the Difference Between Publicity Rights & Trademark Rights?

Though publicity rights and trademark rights are similar, they are not one and the same. 

Both publicity rights and trademark rights relate to the control of a certain image, and whether said image is endorsing something or not, whether it be the visage of a living or dead human being or a symbol or word. Eli Manning’s face cannot be used to sell weaponry without his permission – this would be a violation of his publicity rights, since the New York Giants quarterback controls his own image and whether it is used to endorse certain products, campaigns, etc. It is probable that Manning would not appreciate the false impression that he in some way approves the sale of something controversial such as weapons. Similarly, the New York Jets’ logo also cannot be used to sell weaponry. Chances are, the organization also would not be fond of its image being used in a gun advertisement or something of the sort. 

For the full article please visit its original source at,

What Do You Do When You Have 37 Strategic Change Initiatives?


What do you do when you have 37 strategic change initiatives?  Nothing!

This was the challenge facing a client attempting to execute a significant change in strategy.  This client was stuck!  The solution was to focus on those initiatives that will have the biggest impact.  The challenge was, how do we choose the right one to three initiatives.  The process used was applying the 80/20 Principle to choose the right change initiatives.

Business owners and leaders driving change need to live and breathe this principle.

For the full article please visit its original source at Bill Accordino’s Breakthrough Performance Leadership Blog at  You can also contact Bill directly at (732) 528-0320, or at

Job Fit: The Power of the Right Person

shutterstock_269067383In order to effectively drive strategic change and achieve breakthrough performance you need to have the right people, with the right talents, in the right jobs, delivering the right results.   Wow, that’s a mouthful!  The old phrase, “says easy, does hard” comes to mind.

We all know this intuitively, and most leaders and managers work diligently to make this happen.  We also know that we should align our hiring process, development process, and succession planning process with our business strategy and talent needs.  My experience would suggest that success in these critical areas is more a matter of chance than a focused strategic workforce plan and its execution.  One key ingredient to make all of this happen is Job Fit.

For the full article please visit its original source at Bill Accordino’s Breakthrough Performance Leadership Blog at  You can also contact Bill directly at (732) 528-0320, or at


September 23, 2015

Contact: Bob Considine          (609) 292-2994
Lawrence Hajna       (609) 984-1795
Caryn Shinske          (609) 984-1795


(15/P80) TRENTON -Department of Environmental Protection Commissioner Bob Martin today issued a drought watch for New Jersey’s Northeast, Central, and Coastal North water supply regions, urging residents in the affected areas to voluntarily conserve water and for the rest of the state to practice wise water use due to continued dry weather and above-average temperatures.
The drought watch is prompted by continued rainfall deficits that have decreased reservoir, ground water and streamflow levels in the three regions.

The purpose of the watch is to raise public awareness, formally alert all water suppliers in the region of the situation, and to seek voluntary cooperation to preserve existing supplies in the affected regions, with water demand still high.

The three affected drought regions include all or parts of 12 counties, including Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset and Union.

“We have been carefully tracking precipitation, stream flows, ground water and reservoir levels since the spring and over the course of the very dry summer,” Commissioner Martin said. “While it is not uncommon to see reduced stream flows and ground water levels by the end of the summer season, we are beginning to observe signs of stress in our water supply indicators, and this warrants closer scrutiny and public cooperation.”

“We are asking residents to be aware of the situation and use water more carefully and deliberatively, especially when it comes to lawn watering and other non-essential uses. The goal is to moderate water demand through voluntary conservation.”
Some suggested water conservation tips include:

* Do not over-water lawns and landscaping. Two times per week for 30 minutes in morning or late evening typically is sufficient. Use a hose with a hand-held nozzle to water flowers and shrubs.
* Avoid watering lawns and plants during the heat of the day, as this promotes evaporation and water waste.
* Use a broom to sweep the sidewalk, rather than a hose.
* To save water at home, fix leaky faucets and pipes.
* Turn off the faucet while brushing teeth and shaving.
* Run washing machines and dishwashers only when full.

The DEP has observed significant reservoir level declines in some water systems, particularly United Water New Jersey’s Oradell reservoir system in Bergen County. While measurable rainfall during the second week of September provided some temporary relief, it did not appreciably improve the water supply situation in the three drought regions. Additionally, the National Weather Service’s Climate Prediction Center is projecting above-average temperatures and dry weather to continue through October.

United Water New Jersey serves approximately 800,000 customers in Bergen and northern Hudson counties. Although combined reservoir storage across Northeastern New Jersey is only marginally below normal for this time of year, the region is potentially vulnerable because of United Water New Jersey’s reliance on other major suppliers to complement its supply when demands are unusually high. If current conditions persist, other interconnected water systems could be adversely affected if inflated demands are left unchecked.

Other drinking water supply indicators are also showing signs of stress from the dry weather and high water demands, including stream flows and ground water levels, as well as declining reservoir storage in the New Jersey Water Supply Authority’s Spruce Run and Manasquan Reservoirs in Hunterdon and Monmouth counties, respectively.

While plentiful rains in June replenished reservoirs, stream flow and ground water sources, very dry, warm weather in July and August resulted in high water usage that has continued into September.

If conditions remain warm and dry and water demands do not decrease, DEP will consider further regulatory actions, such as the designation of a drought warning. Under a drought warning, the DEP may order water purveyors to develop alternative sources of water or transfer of water between areas of New Jersey with relatively more water to those with less.

“We are asking residents across the state, and particularly in the three drought watch regions, to use water sparingly, and to voluntarily reduce nonessential water use, especially outdoors,” said Dan Kennedy, DEP Assistant Commissioner for Water Resources Management. “We advocate for conservation of water at all times. But responsible water use at this time is especially important. We ask that residents take voluntary steps such as limiting lawn and landscaping watering, and cutting back on water-related chores at home, such as car washing. This could save millions of gallons of water daily.”

For more state water supply status information, visit:

For more information on water conservation, visit: