[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Taxation — See Ch. 480.
[Adopted 2-20-2013 by Ord. No. 2451-13]
As used in this article, the following terms shall have the
meanings indicated:
Housing that is restricted for occupancy and affordable to
households with incomes no greater than 80% of area median income
by family size as established by the United States Department of Housing
and Urban Development (HUD), including, but not limited to, housing
that is funded by HUD, Section 42 of the Internal Revenue Code or
is covered and regulated by the Council of Affordable Housing.
A worker who participates in a federal or state apprenticeship
program, or, as an apprentice equivalent, participates in a DOL-approved
training program, takes a construction apprenticeship test, and receives
benefits and pay not less than those received by an apprentice.
An apprenticeship program operated by a labor organization
and registered by the Bureau of Apprenticeship and Training of the
United States Department of Labor or an apprenticeship equivalent
program as that term is used by the State of New Jersey in the Abbot
Project Labor Agreement either approved or funded by the New Jersey
Department of Labor as of January 1, 2003.
The Borough or the Borough Administrator or his designee.
The recipient of a tax exemption for a tax-abated project
or the awardee of a public construction contract for a public construction
project.
An organization which represents, for purposes of collective
bargaining, employees involved in the performance of public construction
projects or tax-abated projects that have the present ability to refer,
provide or represent sufficient numbers of qualified employees to
perform the contracted work and has an apprenticeship program.
The determination by the Borough that the project, in whole
or in part, is ready for the use intended, which ordinarily shall
mean the date on which the project receives its final certificate
of occupancy.
A contract between a labor organization and a developer that
contains at minimum the requirements set forth in this article.
Any construction contract entered into by the Borough using
public funds, the total cost of which is equal to or exceeds $5,000,000,
exclusive of any land acquisition costs.
A project that has a total construction cost that is equal to or exceeds $25,000,000, exclusive of any land acquisition costs, which receives either 1) a long-term tax exemption pursuant to the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq., or 2) a five-year tax exemption that requires Municipal Council approval, pursuant to the Five-Year Exemption and Abatement Law, N.J.S.A. 40A:21-1 et seq., and § 480-2 et seq. of the Code of the Borough of Roselle. However, any project that is being undertaken by a not-for-profit organization or which shall contain more than fifty-percent affordable housing shall be excluded. In addition, any project that is being undertaken by developers of residential housing units with four stories or less shall be excluded.
All tax-abated projects and all requests for proposals, specifications
and final contracts for public construction projects shall require
the execution of a project labor agreement that complies with the
requirements of this article, unless the Borough Administrator determines,
taking into consideration the nature, size and complexity of the project,
such as the height of the buildings, the presence of elevators and
the utilization of steel, that a project labor agreement is not appropriate.
In all cases, the project labor agreement must advance the interests
of the Borough of Roselle, including cost, efficiency, quality, time
lines, and need for a skilled labor force and safety.
The project labor agreement, one form of which is on file in
the office of the Borough Clerk, shall contain the following terms:
A.
A guarantee that there will be no strikes, lockouts, or other similar
actions.
B.
Procedures to insure the effective, immediate, and mutually binding
resolutions of jurisdictional and labor disputes arising before the
completion of the work.
C.
A provision to bind all contractors and subcontractors on the project
in all relevant documents.
D.
Evidence that each contractor and subcontractor working on the project
has a local, federally registered apprenticeship program.
E.
A requirement that 20% of the labor hours required shall be performed
by apprentices and that all apprentices shall be Roselle residents.
However, if it can be demonstrated that fulfilling this requirement
is not possible because there are not enough apprentices available,
the required percentage of apprentices will be decreased accordingly.
F.
Conformity with all statutes, regulations and Borough ordinances
regarding the implementation of our goals for women and minority owned
businesses.
G.
A requirement that developers and labor organizations complete the
following "preconstruction actions":
(1)
Preconstruction meeting. Not less than 90 days prior to the commencement
of construction, the developer will meet with the Borough Administrator
and the labor organization to present workforce needs, which will
include the job description of the positions to be filled and the
duration of the project. In addition, the developer will provide the
construction schedule. The labor organization will present the developer
and the Borough with the names, addresses and trades of eligible apprentices
who are available to work on the project.
(2)
Advertisement. Not less than 60 days prior to the commencement of
construction, the labor organization will advertise in two newspapers,
which have been deemed as official papers by Roselle for the publication
of legal notice, and conduct outreach via other media, such as cable
television, the web, and/or radio. The advertisement will solicit
apprenticeship applications for the labor organization's apprenticeship
program, describe the basic requirements for admission, describe the
job training and set forth the range of salaries.
(3)
Job fairs. The developer and the labor organization will jointly
participate in at least two job fairs to be held at a location to
be provided by the Borough in order to explain the apprenticeship
programs and solicit applications from attendees. Each participating
developer shall pay a pro rata share of the costs of each job fair.
The project labor agreement shall require the submission of
the following reports to the Borough Administrator on the 15th day
of each month for the previous month, for each year of construction
until project completion:
A.
Manning report. The developer's report will accurately reflect
the total hours in each construction trade or craft and the number
of hours worked by Borough residents, including a list of minority
resident and women resident workers in each trade or craft, and will
list separately the work hours performed by such employees of the
contractor and each of its subcontractors during the previous quarter.
B.
Certified payroll report. The developer's report that will specify
the residence, gender and ethnic/racial origin of each worker, work
hours, and the rate of pay and benefits provided.
C.
Equal employment opportunity reports. The labor organization's
local union report (EEO-3) and apprenticeship information report (EEO-2)
which are required to be filed with the United States Commission of
Equal Employment Opportunity Commission by the labor organization.
D.
Apprenticeship report. The report of the labor organization shall
list the names, address and contact information of all persons who
were accepted to the apprenticeship program. The report shall also
list the names, address and contact information of all persons who
were rejected for admission to the apprenticeship program with the
reasons for their rejection and, for those who failed to finish the
program, the reasons why they failed to complete the program.
E.
Other reports. The developer or labor organization shall furnish
such reports or other documents to the Borough as the Borough may
reasonably request from time to time in order to carry out purposes
of this article.
F.
Records. Records to support the work hours stated in the above reports
must be maintained for a period of three years after project completion.
All records shall be made available to the Borough upon 10 days'
prior written notice.
G.
Site access. Representatives of the Borough shall be permitted to
have appropriate access to all work sites in order to monitor compliance.
In the event of default, the developer shall be provided with
a written notice of default allowing the developer 10 days to cure
the default. Should the developer fail to cure, then, in addition
to any other remedies available at law or in equity, including but
not limited to termination, the Borough shall be permitted to seek
the following remedies for the failure to comply with this article,
which remedies shall also be included in the project labor agreement:
A.
For public construction projects:
(2)
Complete the contract with a substitute contractor or subcontractor
and require the contractor or subcontractor to pay all damages and
costs incurred;
(3)
Require the refunding of payments made by the Borough to the developer
prior to the suspension or termination; and/or
(4)
Liquidated damages in the following amounts: 3% of the total price
of the construction contract for each breach and up to 10% of the
total price of the construction contract for multiple breaches or
for a single breach that is unabated for a period of six months.
B.
For tax-abated projects:
(1)
Suspension. Suspend the tax-abatement financial agreement until the date of cure (during which period 300% of conventional real estate taxes shall be assessed and collected) for any period during which the developer fails to complete any of the preconstruction actions described in § 568-3, General requirements, Subsection G(1) and (3), hereof.
(2)
Liquidated damages:
(b)
Failure to provide a required report or record or to allow workplace
access: an amount equal to 2% of the estimated annual payment in lieu
of taxes for each month or part thereof the records or workplace access
is not provided.
(c)
A material breach of any other term of this article: an amount
equal to 2% of the estimated annual payment in lieu of taxes for each
month or part thereof in which the breach continues.
(d)
A material breach of this article that continues for a period
of six months or more shall allow the Borough to terminate the tax
abatement.
A.
Interagency cooperation. The Borough will solicit the support of
the Roselle Board of Education, the Union County Community College,
the Union County Vo-Tech School, the Roselle First Workforce Initiative
and other community-based organizations to maximize participation
in the apprenticeship program among eligible Borough residents.
B.
Preparatory services. The Borough shall be responsible for the development
of a program to provide all necessary preparatory services for enrolled
pre-apprentices, including assistance with GED preparation, obtaining
drivers license, mentoring and other supportive services for pre-apprentices.
The pre-apprenticeship program shall be operated in such a manner
that its successful graduates will be equipped and eligible for entry
into the apprenticeship programs of a labor organization.
C.
Monitoring. The Borough shall be responsible for the selection, operation
and supervision of pre-apprenticeship programs that may be operated
by private entities, such as the Roselle First Workforce Initiative,
and shall retain authority to review and approve the curriculum and
procedures used to recruit and select participants.
[Adopted 6-20-2018 by Ord. No. 2585-18]
As used in this section, the following terms shall have the
following definitions:
The Borough or the Business Administrator and/or their designee.
The recipient of a tax exemption or abatement for a tax-exempt
project.
An individual who is domiciled within the boundaries of the
Borough of Roselle and who can verify his or her domicile upon request
by producing documentation such as rent/lease agreement, telephone
and utility bills, tax bills, valid New Jersey driver's license
or identification card and/or any other similar, reliable evidence
that verifies that the individual is domiciled within the Borough
of Roselle.
A project for which the Borough of Roselle has granted a
tax exemption pursuant to the Long-Term Tax Exemption Act, N.J.S.A.
40A:20-1 et seq.
A.
Developers receiving tax exemption from the Borough of Roselle for
residential and commercial projects (hereinafter referred to as "tax-exempt
project") shall be required to take affirmative steps to the greatest
extent feasible to ensure the greater of one of the following: a)
that 40% of the necessary workforce employed by its contractors, subcontractors
or any other entity working on a tax-exempt project be performed with
qualified residents of the Borough of Roselle for the duration of
the project (hereinafter referred to as the "workforce goal"); or
b) that at least 40% of the total employee worker hours, in each project
area or category, shall be reserved for Borough of Roselle residents
(hereinafter referred to as the "work hour goal").
B.
In order to comply with this requirement, the developer and its contractors,
subcontractors and other entities working on the tax-exempt project
shall demonstrate good faith efforts to meet the workforce and/or
work hour goals.
The developer and its contractors, subcontractors and other
entities working on the tax-exempt project may validate good faith
efforts to hire Borough of Roselle residents by undertaking and documenting
several of the following employee recruitment activities:
A.
Advertising existing and projected position vacancies, job informational
meetings, job application workshops, job application centers and job
interviews by posting notices which identify the positions to be filled,
the qualifications required and where to obtain additional information
about the application process, in conspicuous local authorized public
places, including but not limited to Borough Hall, schools, post offices,
libraries, and senior citizens' centers;
B.
Conducting a job informational meeting to inform the community of
employment opportunities to be held at a Borough-owned or other public
facility;
C.
Providing ongoing assistance to Roselle residents in completing job
application forms;
D.
Establishing a job application center located in the Borough of Roselle
where job applications may be obtained, submitted and collected;
E.
Conducting job interviews within 10 miles of the location of the
tax-exempt project;
F.
Advertising valid existing positions and projected position vacancies
through the local media, such as television networks, local newspapers
of general circulation, trade papers, minority focus newspapers, social
media platforms, online job posting boards, websites and radio;
G.
Outreach to apprenticeship programs, labor organizations and job
training programs;
H.
Outreach to community organizations informing them of employment
opportunities;
I.
Any other means of obtaining employees who are residents of the Borough
of Roselle that are reasonably calculated to comply with the goals
of this section.
A.
The developer receiving the tax exemption shall be required to submit
quarterly progress reports to the office of the Borough Clerk containing:
1) an accurate record of the number of Roselle residents currently
employed on the project; 2) the number of training positions, if any,
and the amount that will be filled by Roselle residents; and 3) the
necessary level of job skills required of Roselle residents to plan
or implement the work to be done on the project. In the quarterly
report, the developer should document all "good faith" efforts of
its contractors, subcontractors or other entities working on the tax-exempt
project in their actions to hire Borough of Roselle residents.
B.
To the extent that the developer requests and the Borough of Roselle
concurs that there is an existing condition or circumstance whereby
there are not sufficient available qualified applicants, willing or
able to satisfy the workforce goals, the developer shall deposit with
the Borough of Roselle an amount equal to 2% of the total cost of
the project. A request for an exception must be made in writing to
the Business Administrator establishing its efforts to meet the aforementioned
goals. The exceptions may be granted by the Business Administrator
in his/her discretion.
Developers who have not requested and/or granted an opt-out
exemption pursuant to this article, determined to be not in compliance
with the article shall be subject to the following administrative
sanctions:
A.
Termination of the tax exemption/financial agreement following receipt
of notice of default and an opportunity to cure; and/or
B.
Payment to the Borough of Roselle a sum of $2,000 per employee or
the value of wages that would have been earned by employees impacted
by the noncompliance, whichever is less.
A.
The Borough shall include language in all financial agreements or
other documents approved by the Borough Council providing a tax exemption
requiring compliance with this article including the language of the
penalties provision.
B.
Any tax exemption where the tax exemption application is filed after
the effective date of this article shall be subject to compliance
with this article.
